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HomeMy WebLinkAboutCC 1997-03-20 MinutesF AII A M: m M ISSION I N U T E S OF MEETING HELD ON 11ARCH 20, 1997 REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER J. FOEMAN CITY CLERK F INDEX MINUTES OF REGULAR MEETING March 20, 1997 ITEM SUBJECT LEGISLATION NO. 1. VICE MAYOR REGALADO ANNOUNCES DISCUSSION BEGINNING OF EXECUTIVE SESSION 3/20/97 CLOSED TO PUBLIC. 2. PRESENTATIONS / PROCLAMATIONS. DISCUSSION 3/20/97 3. AUTHORIZE EXECUTION OF LEASE R 97-148 AGREEMENT WITH FIREHOUSE FOUR, LLC 3/20/97 FOR LEASING / MANAGEMENT / OPERATION OF RESTAURANT AT 1000 SOUTH MIAMI AVENUE FOR MINIMUM LEASE PAYMENT TOTAL OF $1,599,000 PLUS 6% OF GROSS REVENUES OVER BREAKPOINT. 4. (A) CONSENT AGENDA. DISCUSSION (B) DISCUSS / DEFER TO LATER IN MEETING 3/20/97 AUTHORIZING PAYMENT TO DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE FOR COURT OVERTIME REDUCTION PROJECT -- ALLOCATE FUNDS ($5,000, POLICE ACCT. 001000.290301.6.930)-- SEE LABEL 17. (C) COMMENTS FROM COMMISSIONER PLUMMER REGARDING CITY HAVING LOT CLEARING ORDINANCE WITH PROVISIONS FOR NONCOMPLIANCE SIMILAR TO METRO- DADE'S, 4.1 ACCEPT BID: MANOLO HORTA PAINTING -- R 97-149 FOR FURNISHING OF PRESSURE CLEANING 3/20/97 SERVICES FOR NEIGHBORHOOD RESIDENTIAL EXTERIOR PAINT PROGRAM, ADMINISTERED BY COMMUNITY DEVELOPMENT -- ALLOCATE FUNDS ($20,800, CDBG ACCTS. 452249-799209-670 AND 451149-799209-670). PAGE NO. 1-2 2-6 7-8 F t A' 4.2 AMEND R-96-383 -- TO INCREASE AMOUNT R 97-150 9-10 APPROVED FOR ACQUISITION OF PRINTING 3/20/97 SERVICES FROM NORTHSTAR PRINTING (FORMERLY CLASSIC PRINTING GROUP), FROM $8,743 TO $10,148 -- ALLOCATE FUNDS FROM POLICE ACCOUNT 001000.290201.6.680. 5. COMMENTS BY METRO-DADE DISCUSSION 10-11 COMMISSIONER NATACHA MILLAN 3/20/97 REGARDING PROPOSED FY '97-'98 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATIONS TO YMCA -- SEE LABELS 7,19 & 21. 6. SECOND READING ORDINANCE: APPROVE ORDINANCE 11-16 CREATION OF SPECIAL TAXING DISTRICT 11460 BY METROPOLITAN DADE COUNTY FOR 3/20/97 MORNINGSIDE NEIGHBORHOOD -- FOR PROVIDING SECURITY GUARD SERVICE AND ROVING POLICE PATROL SERVICE -- APPROVE CONSTRUCTION OF TWO (2) GUARD HOUSE FACILITIES, GATES, FOUR O4) STREET CLOSURES, INSTALLATION AND PERATION OF TRAFFIC CONTROL DEVICES -- AUTHORIZE / APPROPRIATE AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($350,000) AND ADDITIONAL EXPENDITURES FOR ROVING POLICE PATROL SERVICE. F , ., 7. (A) DISCUSS PROPOSED ALLOCATIONS OF M 97-151 17-65 FUNDING UNDER CITY'S FY '97-'98 M 97-152 CONSOLIDATED PLAN -- SEE LABELS 5/19 & M 97-153 21. R 97-154 (B) VICE MAYOR REGALADO REQUESTS M 97-154.1 ESTABLISHING EMERGENCY RESERVES M 97-155 FUND IN CONNECTION WITH SOCIAL 3/20/97 PROGRAM NEEDS RESULTING FROM WELFARE REFORM ACT. (C) RESEARCH WITH POLICE FEASIBILITY OF FUNDING FROM LAW ENFORCEMENT TRUST FUND UNFUNDED PUBLIC SERVICE & SOCIAL SERVICE PROGRAMS. (D) ESTABLISH SEGREGATED ACCOUNT FUND TO ACCEPT PRIVATE INDUSTRY DONATIONS -- PROVIDE 20 PERCENT IN CONNECTION WITH ADMINISTRATIVE COST OF SUCH FUND. (E) DISCUSS / MODIFY HOUSING DEVELOPMENT AND REHABILITATION PROPOSED FUNDING ALLOCATIONS. (F) COMMISSIONER PLUMMER ADVISES OF AVAILABILITY OF $100,000,000 FROM WAGESS BOARD COALITION FOR JOB TRAINING. (G) RESCHEDULE COMMISSION MEETINGS OF APRIL AS FOLLOWS: FROM 4/10/97 TO 4/2/97 -- ESTABLISH 4 /10 & 4 /14 /97 AS -ADDITIONAL MEETING DATES -- ELIMINATE 4 / 24 / 97 SECOND REGULAR MEETING DATE FOR PLANNING & ZONING ITEMS. (H) DISCUSS / MODIFY / ACCEPT CHANGES TO 23RD YEAR COMMUNITY DEVELOPMENT PROJECT PROPOSALS RELATED TO PUBLIC SERVICES & SOCIAL PROGRAMS. 8. TRANSFER FUNDS -- FOR FUNDING OF R 97-156 65-66 INTERNATIONAL TRADE BOARD'S 3/20/97 CONSULTANTS / PROGRAMS / OPERATING BUDGET -- TRANSFER FROM SUBSIDIARY ACCOUNTS: $62,875.69 FROM ACCT 200358 & $93,813.60 FROM ACCT 090194. 9. PAY MUNICIPAL CODE CORPORATION -- R 97-157 66-67 FOR 1996 REVISION / CODIFICATION OF 3/20/97 CITY CODE -- ALLOCATE FUNDS ($24,300, SPECIAL PROGRAMS AND ACCOUNTS, 921102-270). 10. BRIEF COMMENTS FROM COMMISSIONER DISCUSSION 67-68 PLUMMER REGARDING PRIOR REQUEST 3/20/97 FOR AUDIT OF YOUTH BASEBALL ACADEMIES AND SPORTS LEAGUES -- SCHEDULE SAID ITEM 3/27/97 COMMISSION MEETING. i1. APPROVE NAMING APRIL 5, 1997 AS M 97-158 69 "GRAND AVENUE DAY". 3/20/97 L 12. ENDORSE DADE COUNTY SCHOOL BOARD R 97-159 69-70 OBSERVING MARCH 27, 1997 AS "STOP DAY 3/20/97 ENOUGH IS ENOUGH". 13. AUTHORIZE EXTENDING FENCE ON NORTH R 97-160 70-71 SIDE OF ALICE WAINWRIGHT PARK. 3/20/97 14. APPROVE ENGLISH CENTER'S REQUEST TO R 97-161 71-73 PAY PREVAILING SURCHARGE RATES FOR 3/20/97 OFF -DUTY POLICE ASSIGNMENTS UNTIL CENTER'S BUDGET BECOMES UNFROZEN -- NEW SURCHARGE RATE DIFFERENCE TO BE PAID RETROACTIVELY WHEN BUDGETARILY FEASIBLE. 15. (A) RESEARCH FEASIBILITY OF SALE OR M 97-162 74-81 LEASE OF OFF STREET PARKING M 97-163 AUTHORITY BOARD'S PROPERTIES -- 3/20/97 DIRECT MANAGER TO EXPLORE DISMANTLING DEPARTMENT OFF-STREET PARKING. (B) GRANT OFF STREET PARKING REQUEST TO HIRE OUTSIDE COUNSEL FOR OPINION LETTER TO DETERMINE L WHETHER CITY OWNS LOT 10. 16. PRESENTATION: COMMEND SANCHEZ AND DISCUSSION 81-82 LEVITAN FOR ADVERTISING EFFORTS ON 3/20/97 BEHALF OF CITY. 17. (A) AUTHORIZE PAYMENT TO DADE R 97-164 82-86 COUNTY ASSOCIATION OF CHIEFS OF 3/20/97 POLICE -- FOR COURT OVERTIME REDUCTION PROJECT -- ALLOCATE FUNDS ($5,000 POLICE GENERAL BUDGET ACCT. 001000.290301.6.930)-- SEE LABEL 4. (B) DISCUSS PAYMENT OF POLICE OVERTIME COSTS BY VIOLATING WHOSE CASES REQUIRE POLICE PRESENCE IN COURT. 18. PRESENTATION TO COMMISSION OF NEW DISCUSSION 86-88 ASSISTANT CITY MANAGER FOR FINANCE / 3/20/97 ADMINISTRATION: RICHARD J. NACHLINGER. L 19. (A) APPROVE CHANGES TO 23RD YEAR M 97-165 88-123 CONSOLIDATED PLAN FOR COMMUNITY 3/20/97 DEVELOPMENT BLOCK GRANT PROJECT PROPOSALS RELATED TO HOUSING DEVELOPMENT AND REHABILITATION -- FURTHER FUND PROPOSED INCREASES FROM INTERIM ASSISTANCE DEBRIS REMOVAL -- COMMISSIONER PLUMMER COMMENTS ON NEED TO DESTROY ABANDONED STRUCTURES USED AS CRAC HOUSES -- SEE LABELS 5, 7, 21 (B)) DISCUSS CITY'S PRIOR COMMITMENT TO PROVIDE AIR CONDITIONING UNITS TO ROBERT KING HIGH TOWERS THROUGH CARRFOUR CORPORATION. (C) DIRECT CITY ATTORNEY BY MAYOR CAROLLO TO MEET WITH HIM IN CONNECTION WITH CARRFOUR ISSUE, SPECIFICALLY TO DETERMINE WHERE FUNDS FOR ROBERT KING HIGH TOWERS' AIR CONDITIONING UNITS WOULD BE OBTAINED. -- SEE LABEL 30. (D) BRIEF DISCUSSION REGARDING MIAMI ARENA PROPERTY WARRANTY DEED. 20. (A) APPROVE $100,000 ORANGE BOWL R 97-166 123-125 USER FEE FOR NIKE (SOCCER) SPORTS 3/20/97 ENTERTAINMENT'S BRAZIL / MEXICO WORLD TOUR (4/30/97). (B) BRIEF DISCUSSION REGARDING NAME RIGHTS TO ORANGE BOWL. L F, 21. (A) APPROVE WITH MODIFICATIONS STAFF M 97-167 126-156 RECOMMENDATIONS FOR 23RD YEAR M 97-168 COMMUNITY DEVELOPMENT BLOCK GRANT M 97-169 FUNDS FOR ECONOMIC DEVELOPMENT 3/20/97 PROJECTS -- DIRECT MANAGER TO FUND PROPOSED INCREASES FROM COMMUNITY BASED ORGANIZATIONS INCENTIVE FUND -- SEE LABELS 5, 7,19). B) APPROVE CHANGES TO 23RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR PUBLIC & IMPROVEMENTS PROJECTS PROPOSALS -- INSTRUCT ADMINISTRATION TO FUND GOOMBAY PLAZA IF FUNDS BECOME AVAILABLE. (C) APPROVE WITH MODIFICATIONS SUBMITTAL OF CITY FY 1997-1998 PROPOSED CONSOLIDATED PLAN INCLUDING FY 1997 PLAN WITH PROJECTED USE OF FUNDS FOR FOLLOWING GRANTS: (1) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) (2) HOME INVESTMENT PARTNERSHIPS GRANT (HOME) (3) EMERGENCY SHELTER GRANT (ESG) (4) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (US HUD) -- AUTHORIZE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NEIGHBORHOOD ORGANIZATIONS AS APPROVED BY CITY COMMISSION FOR IMPLEMENTING NEIGHBORHOOD ECONOMIC DEVELOPMENT / SOCIAL SERVICES / HOUSING DEVELOPMENT PROGRAMS. 22. FIRST READING ORDINANCE: ESTABLISH 4 ORDINANCE 157-158 SPECIAL REVENUE FUNDS AND FIRST APPROPRIATE FUNDS FOR OPERATION OF READING EACH AS FOLLOWS: COMMUNITY 3/20/97 DEVELOPMENT BLOCK GRANT (TWENTY- THIRD YEAR) - $13,106,000; HOME INVESTMENT PARTNERSHIP (HOME) GRANT - $4,203,000; EMERGENCY SHELTER GRANT (ESG) - $346,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT - $8,832,000 -- FURTHER APPROPRIATING SUM OF $2,500,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY U.S. HOUSING AND URBAN DEVELOPMENT FOR TOTAL APPROPRIATION OF $28,987,000. 23. EXECUTE AGREEMENT WITH BAYFRONT R 97-170 158-159 VENTURES -- FOR GAMING VESSEL FROM 3/20/97 MILDRED AND CLAUDE PEPPER BAYFRONT PARK DOCKS. 24. EXPRESS CONDOLENCES TO FAMILY OF R 97-171 160 DR, TEE S. GREER, JR., ASSISTANT DADE 3/20/97 SCHOOL BOARD SUPERINTENDENT. 25. (A) DISCUSS / DIRECT ADMINISTRATION BY M 97-172 161-178 MAYOR CAROLLO TO MEET WITH LAZARO 3/20/97 SANCHEZ / CASABLANCA GROUP / OTHER WATSON ISLAND MARINA TENANTS TO NEGOTIATE INCLUDING THEM IN WATSON ISLAND MARINA FUTURE PLANS. (B) DESIGNATE APRIL 10, 1997 COMMISSION MEETING TO BEGIN AT 9:A.M. TO CONSIDER PLANNING & ZONING ISSUES. 26. DEFER CONSIDERATION OF MEETING OF M 97-173 178-179 BOARD OF DIRECTORS / OFFICERS OF ST. 3/20/97 HUGH OAKS VILLAGE ASSOC, INC -- SEE LABEL 29. 27. APPROVE REFINANCING LOANS OF THREE M 97-174 179-189 HOUSING PROJECTS, SUBJECT TO REVIEW 3/20/97 AND APPROVAL OF CITY MANAGER & LOAN REVIEW COMMITTEE: (1) INDIAN RIVER PROPERTIES ASSUMPTION OF SECOND MORTGAGE BY SENTRA PROPERTIES (2) .SUBORDINATION REQUEST BY IDEAL REHAB, INC., & LIBERTY CITY IMPROVEMENT CORPORATION (3) SUBORDINATION REQUEST BY DOWNTOWN INVESTMENTS, INC. 28. DISCUSS/DEFER CONSIDERATION OF ALL M 97-175 189-191 BOARD APPOINTMENTS. 3/20/97 29. (CONTINUED) DISCUSS / DEFER TO NEXT DISCUSSION 191-192 MEETING AT 5:P.M. CONSIDERATION OF 3/20/97 AGENDA ITEM 45 (ST. HUGH OAKS VILLAGE ASSOC., INC, BOARD OF DIRECTORS / OFFICERS MEETING) -- SEE LABEL26. 30. DISCUSS / INSTRUCT ADMINISTRATION TO DISCUSSION 192-195 EXPLORE WITH REPRESENTATIVES OF 3/20/97 CARRFOUR SOLUTIONS TO CITY'S COMMITMENT TO PROVIDE AIR CONDITIONING UNITS FOR ROBERT KING HIGH TOWERS -- SEE LABEL 19B. 31. REAFFIRM APPROVAL OF AMENDED R 97-176 195-196 RESTATED ADDENDUM II TO OMNI 3/20/97 REDEVELOPMENT PLAN FOR PROPOSED PERFORMING ARTS CENTER PROJECT FOR PURPOSES OF INCREASING DOLLAR AMOUNT OF TAX INCREMENT FUNDS FROM DEVELOPMENT PROJECT. L 7 32. AUTHORIZE CITY MANAGER TO R 97-177 REALLOCATE $1,774,232 OF UNEXPENDED 3/20/97 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO ELIGIBLE CITY SPONSORED CDBG ACTIVITIES WITHIN 8 DESIGNATED TARGET AREAS TO ASSIST CITY WITH EXISTING FISCAL EMERGENCY. 33. EMERGENCY ORDINANCE: AMEND ORDINANCE SECTION III OF ORDINANCE 11337 -- 11461 INCREASE APPROPRIATIONS TO EXISTING 3/20/97 CAPITAL IMPROVEMENT PROJECT 322061 ENTITLED "TOWER THEATER REHABILITATION" FROM $1,302,800 TO $1,906,800. 34. AUTHORIZE SELLING CITY PROPERTIES AT: R 97-178 1975 N.W. 12 AVE / 1145 N.W. 11 ST / 900 3/20/97 S.W. 1 ST / 970 S.W. i ST / 2301 N.W. 10 AVE / 65 S.W. 1 ST. / 2200 WEST FLAGLER / 151 N.W. 27 AVE. / 1390 N.W. 7 ST / 650 CURTISS PARKWAY, MIAMI SPRINGS -- SEE LABEL 57. 35. AUTHORIZE CITY MANAGER TO ISSUE R 97-179 REVOCABLE LICENSE, TO BELAFONTE 3/20/97 TACOLCY CENTER, INC. -- FOR USE OF PROPERTY AT 6161 NORTHWEST 9 AVENUE -- FOR PROVIDING YOUTH DEVELOPMENT/ EDUCATIONAL i LEADERSHIP TRAINING, 36. A. AUTHORIZE CITY MANAGER TO R 97-180 ALLOCATE $239,000 IN COMMUNITY 3/20/97 DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM 22ND YEAR OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -- FOR PHYSICAL IMPROVEMENTS AT BELAFONTE TACOLCY CENTER. B. COMMENTS BY COMMISSIONER PLUMMER ON DEADLINE FOR COUNTY TO FINALIZE CONTRACT WITH CITY FOR USE OF FEC PROPERTY. L 196-198 198-199 200-203 204-205 206-209 F 37. (A) PERSONAL APPEARANCES: PETER A. R 97-181 ENGLAND, DEVELOPMENT DIRECTOR FOR 3/20/97 CAMILLUS HOUSE -- APPROVE RESOLUTION REQUIRED BY STATE STATUTE STATING CAMILLUS HOUSE'S PROPOSED SOMERVILLE AFFORDABLE HOUSING PROJECT (337-381 N.W. 4 STREET) IS CONSISTENT WITH LOCAL PLANS / REGULATIONS. (131 DIRECT CITY ATTORNEY BY COMMISSIONER PLUMMER TO RESEARCH PROVISION PASSED BY COMMISSION STATING THAT NO OTHER HOMELESS FACILITY COULD BE BUILT IN CITY LIMITS UNTIL TWO OTHERS OUTSIDE CITY LIMITS WERE COMPLETED. 38. EMERGENCY ORDINANCE: AMEND / ORDINANCE RESTATE ORDINANCE 6432 PROVIDING 11462 FOR CREATION OF MIAMI FIREFIGHTER'S 3/20/97 RELIEF AND PENSION FUND AS PROVIDED BY CHAPTER 175 FLORIDA STATUTES TO INCORPORATE ALL AMENDMENTS EFFECTED SINCE ORIGINAL PASSAGE OF ORDINANCE 6432 -- FURTHER AMENDING SAID ORDINANCE TO ENSURE CONFORMANCE WITH APPLICABLE LAWS. 39. DEFER CONSIDERATION OF REQUEST M 97-182 FROM STARS OF CALLE OCHO 3/20/97 REPRESENTATIVES SEEKING APPROVAL OF PROPOSED NAMES TO RECEIVE STARS, 40. DISCUSS / CONTINUE FOR FURTHER DISCUSSION DISCUSSION WITH CITY MANAGER 3/20/97 CONSIDERATION OF REQUEST FROM REPRESENTATIVE(S) FROM BAYSIDE SEAFOOD RESTAURANT TO DISCUSS 1) FEES PAID UNDER EXISTING MONTH -TO - MONTH REVOCABLE PERMIT 2) RESTAURANT'S PROPOSAL TO AMORTIZE $250,000 IN CAPITAL IMPROVEMENTS UNDER EXISTING REVOCABLE PERMIT. 41. REQUIRE ALL YOUTH SERVICES SPORTS R 97-183 ORGANIZATIONS USING CITY PARKS TO 3/20/97 CONDUCT A MINIMUM OF ONE FUND RAISING SPECIAL EVENT -- PROCEEDS GOING TO CITY IN LIEU OF PAYING PARK USER FEES TO BE PLACED IN TRUST ACCOUNT -- FURTHER REQUIRE EACH ORGANIZATION TO SUBMIT FINANCIAL AUDIT BY 5/1/97. 209-212 212-214 215-216 216-225 226-228 -i 42. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 228-229 INITIAL RESOURCES / INITIAL 11463 APPROPRIATIONS FOR SPECIAL REVENUE 3/20/97 FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM" -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $3,033,834, FROM U.S. DEPARTMENT OF JUSTICE -- FURTHER AUTHORIZE CASH MATCH FOR $337,093 FROM POLICE ACCOUNT 001000.290201.6.050. 43. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 230-231 SPECIAL REVENUE FUND ENTITLED: 11464 "WEED AND SEED," -- APPROPRIATE FUNDS 3/20/97 FOR SAME FOR $152,140 (GRANT FROM MIAMI COALITION FOR A SAFE AND DRUG - FREE COMMUNITY), 44. EMERGENCY ORDINANCE: AMEND ORDINANCE 231-232 ORDINANCE 11366 -- WHICH ESTABLISHED 11465 INITIAL RESOURCES AND INITIAL 3/20/97 APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED: "GEOGRAPHICAL TARGETING PROGRAM," -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $20,000. 45. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 232-233 INITIAL RESOURCES / INITIAL 11466 APPROPRIATIONS FOR SPECIAL REVENUE 3/20/97 FUND ENTITLED "COPS UNIVERSAL HIRING," -- AUTHORIZE MANAGER TO ACCEPT GRANT FOR $17,323,317, FROM U.S. DEPARTMENT OF JUSTICE. 46. EMERGENCY ORDINANCE: AMEND ORDINANCE 234-235 ORDINANCE 11365 ESTABLISHING INITIAL 11467 RESOURCES / INITIAL APPROPRIATIONS 3/20/97 FOR SPECIAL REVENUE FUND ENTITLED: "HIDTA ASSET FORFEITURE RESEARCH," -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $20,000 FROM MONROE COUNTY SHERIFF'S OFFICE. 47. EMERGENCY ORDINANCE: AMEND ORDINANCE 235-236 ORDINANCE 11370 ESTABLISHING INITIAL 11468 RESOURCES / INITIAL APPROPRIATIONS 3/20/97 FOR SPECIAL REVENUE FUND ENTITLED: "HAITIAN NARCOTICS ENFORCEMENT," -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $40,000 FROM MONROE COUNTY SHERIFF'S OFFICE. 48. SECOND READING ORDINANCE: RELATED ORDINANCE 236-237 TO LOBBYISTS; AMEND CODE -- ADD / 11469 AMEND DEFINITIONS -- AMEND LOBBYISTS' 3/20/97 REGISTRATION REQUIREMENTS -- ESTABLISH FEES & DISCLOSURE REQUIREMENTS -- PROVIDE EXEMPTIONS FROM FEES -- REQUIRE CITY CLERK TO MAINTAIN LOG OF REGISTERED LOBBYISTS -- AMEND "ANNUAL STATEMENT" / RENAME SAME AS "ANNUAL EXPENDITURES REPORT" -- SET FORTH PROCEDURES & REQUIREMENTS FOR COMPLIANCE -- PROVIDE FOR PENALTIES FOR VIOLATIONS -- PROHIBIT CONTINGENCY FEES. 49. SECOND READING ORDINANCE: AMEND ORDINANCE 237-238 SECTION 54-86 OF CODE TO REQUIRE THAT 11470 OWNERS OR PROPERTIES THAT FACE / 3/20/97 ABUT OR OPEN UPON MIAM► RIVER SHALL AFFIX BUILDING NUMBERS (ADDRESS) THAT ARE VISIBLE FROM RIVER. 50. ADOPT REVISION / CODIFICATION OF ORDINANCE 238-239 ORDINANCES OF CITY ENTITLED: "THE 11471 CODE OF THE CITY OF MIAMI, FLORIDA"; -- 3/20/97 PROVIDING FOR REPEAL OF CERTAIN ORDINANCES. 51. SECOND READING ORDINANCE: AMEND 'ORDINANCE 239-240 SECTION 62-61 OF CODE ENTITLED: 11472 "SCHEDULE OF FEES" -- INCREASE 3/20/97 VARIOUS FEES SET FORTH IN SAID PLANNING AND ZONING MATTER RELATED FEE SCHEDULE. 52 FIRST READING ORDINANCE: PROPOSAL ORDINANCE 240-241 TO ESTABLISH INITIAL RESOURCES & FIRST INITIAL APPROPRIATIONS FOR SPECIAL READING REVENUE FUND ENTITLED "S.T.O.P. 3/20/97 PROGRAM;" -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $47,250, FROM U.S. DEPARTMENT OF JUSTICE. 53. AUTHORIZE CITY MANAGER TO EXECUTE R 97-184 241-242 PROFESSIONAL SERVICES AGREEMENT 3/20/97 WITH LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC. -- TO CONDUCT STRESS TRAINING FOR DEPARTMENT OF POLICE; -- ALLOCATE FUNDS NOT TO EXCEED $47,250, FROM STRESS TRAINING FOR OFFICERS AND PARTNERS ("STOP") GRANT. L F 54. FIRST READING ORDINANCE: AMEND ORDINANCE 242-243 SECTION 2.7 OF CODE INCREASING FIRST SERVICE CHARGE OF REFUSED CHECKS; -- READING ADD NEW SECTION 2-8 DEFINING 3/20/97 ACCEPTABLE FORMS OF PAYMENT -- FURTHER REQUIRING CERTAIN IDENTIFICATION FROM PERSON ISSUING CHECK / DRAFT OR ORDER. 55. FIRST READING ORDINANCE: AMEND ORDINANCE 243-244 SECTION 22-37(F) OF CODE -- IMPOSE FIRST - $100.00 ADMINISTRATIVE FEE OR TEN READING PERCENT IN ADDITION TO ACTUAL 3/20/97 EXPENSES WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY VIOLATIVE CONDITION ON LOT. 56. AUTHORIZE CITY MANAGER TO EXTEND R 97-185 244-245 CONCESSION AGREEMENT WITH JORGE 3/20/97 LUZARRAGA AND JOSE M. GARCIA, JOINT VENTURE (D/B/A THE CITY'S CAFE) -- FOR PROVISION OF FOOD AND BEVERAGE SERVICES AT CITY'S RIVERSIDE CENTER. 57. MAYOR CAROLLO REQUESTS TO BE DISCUSSION 245-246 SHOWN VOTING IN AGREEMENT ON 3/20/97 AGENDA ITEM 30 (SALE OF CITY OWNED PROPERTIES / FACILITIES) -- SEE LABEL 34, 58. AUTHORIZE CITY MANAGER TO EXECUTE R 97-186 246-247 AGREEMENTS, WITH INDIVIDUAL TO 3/20/97 PROVIDE STRUCTURAL PLANS EXAMINER / BUILDING INSPECTOR II SERVICES -- FOR BUILDING AND ZONING -- ALLOCATE FUNDS ($30,000 INSPECTION SERVICES DIVISION FY'97 BUDGET / ACCOUNT 560302-001 / PROJECT 421001). 59. AUTHORIZE SETTLEMENT: ESPERANZA R 97-187 247-248 OBANDO ($35,000) FROM SELF-INSURANCE 3/20/97 CODE 620103-651. 60. ACCEPT BID: ATLANTIS CONSTRUCTION R 97-188 248-250 CO., -- FOR FURNISHING / INSTALLING 3/20/97 BACKSTOP AND CHAIN LINK FENCE AT KINLOCH PARK BALLFIELD -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS ($12,975 FROM CIP PROJECT 332174, CODE 589301-860). 61. AUTHORIZE PROFESSIONAL SERVICES R 97-189 250-251 AGREEMENT -- FOR SPECIAL MASTER 3/20/97 SERVICES FOR POLICE -- ALLOCATE FUNDS ($49,900, ACCT. 001000.290301.6.001.) F 62. AUTHORIZE USE OF METROPOLITAN DADE R 97-190 251-252 COUNTY FACILITIES FOR FUELING OF CITY 3/20/97 VEHICLES (LETTER OF UNDERSTANDING DATED 7/13/94) -- ALLOCATE FUNDS ($1,262,900, POLICE FLEET SERVICE CENTER, ACCT. 503001.291301.6.715) -- SEE LABEL 64, 63. DISCUSS PROFESSIONAL SERVICES DISCUSSION 252-253 AGREEMENT REQUEST FOR 3/20/97 COMMUNICATIONS OPERATOR SERVICES IN POLICE -- FOR $150,000 ANNUALLY -- SEE LABEL 65. 64. RECONSIDER -- INSTRUCT DISCUSSION 253-255 ADMINISTRATION TO HOLD ACTION ON 3/20/97 USING METRO-DADE COUNTY FACILITIES FOR FUELING OF CITY VEHICLES UNTIL AFSCME UNION SUBMITS COST BENEFIT ANALYSIS OF PROPOSAL -- SEE LABEL 62. 65. APPROVE PROFESSIONAL SERVICES R 97-191 255-260 AGREEMENTS FOR COMMUNICATIONS 3/20/97 OPERATOR SERVICES FOR POLICE -- ALLOCATE FUNDS ($150,000, ACCT. 001000.290201.6,270.) -- HUMAN RESOURCES PROVIDING AN ALTERNATIVE WITHIN 90 DAYS FROM THIS MEETING TO RESOLVE TURNOVER PROBLEM -- SEE LABEL 63. 66. ALLOCATE $50,000 FOR PROFESSIONAL R 97-192 260-261 SERVICES & COSTS INCURRED BY BLUE 3/20/97 RIBBON COMMITTEE FOR SINGLE MEMBER DISTRICTS -- FURTHER AUTHORIZE HIRING SPECIAL COUNSEL TO ASSIST WITH SAID PROCESS. 67. DIRECT CITY MANAGER TO RETURN TO M 97-193 261-264 ROYAL RENT -A -CAR RENTAL CARS 3/20/97 OVERDUE FOR PAYMENT OF RENT -- FURTHER INSTRUCT MANAGER TO PAY OUTSTANDING BILLS. 68. JACK LUFT PRESENT NEW ASSISTANT DISCUSSION 264-265 DIRECTOR OF COMMUNITY PLANNING & 3/20/97 REVITALIZATION, DENA BIANCHINO. F MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 20th day of March, 1997, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 8:13 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Vice Mayor Wifredo Gort Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Aaron Weeks, Chief of Staff A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Mayor Joe Carollo Commissioner Humberto Hernandez Edward Marquez, City Manager ---------------------------------------------------------------------------------------------------------------- 1. VICE MAYOR REGALADO ANNOUNCES BEGINNING OF EXECUTIVE SESSION CLOSED TO PUBLIC. Vice Mayor Regalado: We have to start in a few minutes. We'll be upstairs and then we'll have the regular Commission meeting hopefully at 9:00 a.m. So, we'll be back in a few minutes. NOTE FOR THE RECORD: Thereupon, the City Commission went into recess at 8:14 a.m. and reconvened at 9:36 a.m. with City Manager, Edward Marquez found to be absent. Mayor Carollo: For those of you that have been here awhile, the Commission unfortunately had to meet in executive session with attorneys on some other matters early this morning that's why 1 March 20, 1997 F we started somewhat late this morning. That meeting with so many attorneys ran over, but if I can ask everyone to stand up please, we will begin by saying the invocation. Now, Reverend Nevin if I may ask you sir, if you can come up and lead us in prayer please? An invocation was delivered by Reverend Henry Nevin, after which Mayor Carollo led those present in a pledge of allegiance to the flag. ---------------- ------------------- ------------------------------------ --------- ------------ -------------------- 2. PRESENTATIONS / PROCLAMATIONS. ---------------------------------------------------------------------------------------------------------------- A. LULA RODRIGUEZ DAY - RECIPIENT OF MONA LIGHTE MENTOR'S AWARD. B. PROCLAIMING MARCH, 1997 AS WOMEN'S HISTORY MONTH (Accepted by Suzette Pope). ------------------------------------------------------ ------------ ---------------------------------------------- 3. AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH FIREHOUSE FOUR, LLC FOR LEASING / MANAGEMENT / OPERATION OF RESTAURANT AT 1000 SOUTH MIAMI AVENUE FOR MINIMUM LEASE PAYMENT TOTAL OF $1,599,000 PLUS 6% OF GROSS REVENUES OVER BREAKPOINT. Mayor Carollo: All right, we're back to our regular Commission meeting now. Commissioner Plummer: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Plummer: If I could prevail upon the Commission, Mr. Rodriguez who was formerly with this City now is City Manager of Surfside, is serving pro bono on an issue and at no charge to the City and has to get back and would like to make the presentation on item 31-A. Mayor Carollo: Let's take 31-A. Commissioner Plummer: OK. That's on the fire... And also, Mr. Luft has to get back to the Downtown meeting. I think they've provided each of us as they have me, with the new rate schedule. Mr. Mayor. Mayor Carollo: That's correct. Commissioner Plummer: The new one. Mr. Knox, if you want to come up because you're representing. Mr. Jack Luft (Director, CPR/Community Planning and Revitalization Dept.): Good morning, Mr. Mayor and members of the Commission. I am pleased to present to you today the results of our negotiations this past week which have now resulted in a substantially improved contractual set of payment for the Firehouse Four. This is a 25 year lease which will be renegotiated in the 15th year. The basis for beginning this lease now would be the numbers that we've just given you, that the prospective tenant has just agreed to. You'll note that these numbers will compare 2 March 20, 1997 very favorably to the original request of six percent that the Commission was looking as a base line. We start at the six in year one, we move to six and a half and then thereafter at seven and seven and a half percent for the duration of the first 15 years. The net increase over what we were hoping to achieve initially, versus what this now gives us is an additional million dollars ($1,000,000) over those 15 years. So we feel this is a very big step ahead for us. This is a very attractive lease. We recommend this and we're most pleased that we have a very capable operator and what we believe is going to he the case, they're going to exceed the minimum substantially with the six and a half to... six to seven and a half percent of gross. The City is going to realize a very substantial return on this property, finally. So with that, we recommend this to you for your approval. Commissioner Plummer: I'm ready when a motion is in order. Mayor Carollo: As I understand it, Jack, the fixed minimum annual rent will be seventy-six thousand five hundred ($76,500) for the first three years. Mr. Luft: Yes, sir. Mayor Carollo: Then they will pay six percent over two million? Mr. Eduardo Rodriguez: That's right. Mr. Luft: Correct. They will pay six percent over two million in the year one through three. But the six goes to six and a half in year two and seven in year three. So that percentage is escalating each of those first three years. Mayor Carollo: OK, yes, I see that. Mr. Luft: OK, OK. Mayor Carollo: It's six percent in year one, six and half -- two... Mr. Luft: And then... Mayor Carollo: ... seven and then seven and a half after that. Mr. Luft: Correct. Mayor Carollo: That's the main difference that... Mr. Luft: And the minimum rent increases by three percent a year with that being bumped every three years on a cumulative nine percent. Mayor Carollo: OF,, my question is, to make sure that... Mr. Luft: Uh-huh. Mayor Carollo: ... I understand this correctly, what I have before me. Up to two million dollars seventy-six thousand five hundred ($2,076,500). Mr. Luft: Correct. Mayor Carollo: Anything over that then you hit the six percent? 3 March 20, 1997 F Mr. Luft: Six percent, that's correct. And we... Mayor Carollo: How much are they investing to redo the... Mr. Rodriguez: In excess of six hundred thousand dollars ($600,000), almost six fifty. Between renovation to the building and equipment to the... New equipment. Mayor Carollo: About six hundred and sixty thousand is what they're spending. Mr. Rodriguez: Right. And this is just the initial improvement. After that any restaurant have to be constantly, you know, improved. Mayor Carollo: Yeah, the amount that we're getting here is the minimum rent amounts of approximately four percent. It's just under four percent, right? Mr. Rodriguez: The first, yes. And as a matter of fact, a point of clarification, that money will be given to us up front. The three years. Mayor CaroIlo: The three years will be up front. Mr. Rodriguez: Right. Up front and we're going to have... Commissioner Plummer: Absolutely. Commissioner Hernandez: Of minimum rent. Mr. Rodriguez: So, we're -going to have a guarantee for three years that that rent is paid already. After that, they're going to place what Commissioner Plummer had required, always six months prepayment in cash... Commissioner Plummer: In advance. Mr. Rodriguez: ... into the City coffers. So, this is the best deal that we can, you know... Mayor Carollo: So, we will have three months always in advance... Mr. Rodriguez: Six. Commissioner Plummer: Six months. Mayor Carollo: Six months. Mr. Rodriguez: Six months, always. Mayor Carollo: All right. Commissioner Plummer: I just have one question. Of the six hundred plus thousand dollars of improvements that they're making to our facility, if they vacate it's in the contract that all improvements belong to the City of Miami? Mr. Rodriguez: Belong to the City of Miami. Commissioner Plummer: OK. 4 March 20, 1997 F Mr. Rodriguez: And we have a guarantee also that that investment have to happen. They have a bond of one million dollars ($1,000,000) and they have a letter of credit of two hundred and fifty thousand for the equipment, guaranteeing that they are going to put the equipment that we negotiated. Vice Mayor Regalado: Is there a time table for opening? Mr. Rodriguez: I think... Commissioner Plummer: Yeah, the sooner the better. Mr. Rodriguez: They're planning in three months. The language that we put there is 90 days, three months. Commissioner Plummer: Well, I hope you just make it very clear, like I made it down at Bayfront. The ink is wet on both, the contract and our check. Mr. Rodriguez: Yes, sir. Commissioner Hernandez: Mr. Mayor, I would like to make a motion to accept the resolution authorizing the City Manager to execute into a lease agreement. Commissioner Plummer: Second. Mayor Carollo: There is a motion, there is a second. Any further discussion? Hearing none, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. Thank you, gentlemen. Good luck to you. Unidentified Speaker: Thank you very much. Mayor Carollo: Surely, good luck. 5 March 20, 1997 The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-148 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FIREHOUSE FOUR, LLC, A FLORIDA FOR PROFIT CORPORATION, FOR THE LEASING, MANAGEMENT AND OPERATION OF A RESTAURANT ON CITY -OWNED PROPERTY, LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR A PERIOD OF FIFTEEN (15) YEARS WITH AN OPTION TO EXTEND FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS; REQUIRING SAID LESSEE TO MAKE A TOTAL CAPITAL INVESTMENT IN SAID PROPERTY OF NOT LESS THAN $588,583 AND TO PAY THE CITY OF MIAMI A MINIMUM LEASE PAYMENT TOTALING $1,599,000 FOR YEARS ONE THROUGH FIFTEEN, PLUS SIX PERCENT (6%) OF GROSS REVENUES OVER AN ESTABLISHED BREAKPOINT (AS SET FORTH AND INCORPORATED HEREIN); AND FURTHER, SUBJECT TO SUCH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LEASE AGREEMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. NOTE FOR THE RECORD: ITEMS 5, 10, 11, 27, 29, 30, 31, 42 and 43 were tabled until after 2:30. NOTE FOR THE RECORD: The minutes of the Commission meetings of October 24, 1996, October 30, 1996, November 1, 1996 and November 5, 1996 were approved unanimously. 6 March 20, 1997 ---------------------------------------------------------------------------------------------------------------- 4. (A) CONSENT AGENDA. (B) DISCUSS / DEFER TO LATER IN MEETING AUTHORIZING PAYMENT TO DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE FOR COURT OVERTIME REDUCTION PROJECT -- ALLOCATE FUNDS ($5,000, POLICE ACCT. 001000.290301.6.930) -- SEE LABEL 17. (C) COMMENTS FROM COMMISSIONER PLUMMER REGARDING CITY HAVING LOT CLEARING ORDINANCE WITH PROVISIONS FOR NONCOMPLIANCE SIMILAR TO METRO-DADE'S. Mayor Carollo: Now, we're in the Consent Agenda. Vice Mayor Regalado: If I may? Mayor Carollo: Yes, sir. Vice Mayor Regalado: As part of the Consent Agenda, there is an item here CA-2, and just for the record, this overtime reduction project that the Dade County Association of Chief of Police is trying to start, I believe that that will not benefit many members of the Police Department who use that overtime as part of their income. And just for the record, I think that the process, I read the process and it would be a little difficult to get a hold of officers to go to Court on short ..notice. So, I don't know., what can you say on this budget. I think, I know that we're paying a lot of overtime, twenty-eight thousand dollars ($28,000), something like that. And I know that even if the case is cancelled you get paid for three hours. But, I think that if an officer works the midnight shift and he or she has to go to sleep and hasn't, has to go court and be on standby, well that will make it difficult either for them to work on another job or to rest. So, I don't know if you have any way to resolve what I see as a big problem for the officers. Mr. Aaron Weeks (Chief-of-Staft): Mr. Vice Mayor, the program is a 60-90 day program. After that program has run for that time period, the pilot program will be evaluated and reports made back to the Police Department at which time we'll make them available to the Commission and a determination will be made whether or not to continue that program and phase it out to the other divisions. Vice Mayor Regalado: Well, I just wanted to say that I know that this income that we're paying is important for the City, but I know that a lot of police officers, you know, they use this income as part of their livelihood. So, I am just warning because I know that we asked a lot to the union and this may look as if we're asking more. So, I really have my problem on that issue. Mayor Carollo: Tony would you like to speak? Mr. Tony Rodriguez: Yes, good morning. Tony Rodriguez with the Fraternal Order of Police. My problem with this is, and I understand that the City is looking at measures similar to this. My problem is, I totally concur with what Commissioner Regalado is saying. But no one has ever contacted us about this and here it is in front of you. How come the City or none of its administrators has reached out to talk to the union about an issue that is going to impact on the welfare on all of our officers? I think it's an extremely important issue, it's one that touches home for many of our officers and I am disappointed that the City hasn't reached out to talk to us on this issue. 7 March 20, 1997 Mayor Carollo: Well, let's take it out of the agenda today so that you can have the opportunity to speak to the administration about it. So, CA-2 will be pulled. Mariano, do you need to speak on any items? Mr. Mariano Cruz: No, I was going to say something on CA-2 and... I am Mariano Cruz, 1227 Northwest 26th Street. And what I'd like to say is sometimes the incidents that happens out there, the police is creating the situation why he get the overtime. Like first, like the other day on 12th Avenue and 36th Street a sign was left right... Mayor Carollo: Mariano, I am sorry. Look, if we're going to get into that let's deal with it when it comes back. It's been taken out of the agenda. I appreciate it. Mr. Cruz: OK, no. You see but it's a lot of that... the people are given ticket. Instead of solving the problem, they're giving tickets to the people and people are asking to go to court. So they go to court and they get the overtime. Mayor Carollo: Well, that's your opinion but it's been pulled out. We have CA-3 in the consent agenda left and CA-1. Does anyone from the public need to address these two items? Commissioner Plummer: Move it. Mayor Carollo: Hearing none and hearing no further discussion from the Commission. Commissioner Plummer moved it, Commission Regalado seconded it. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. 4.1 ACCEPT BID: MANOLO HORTA PAINTING -- FOR FURNISHING OF PRESSURE CLEANING SERVICES FOR NEIGHBORHOOD RESIDENTIAL EXTERIOR PAINT PROGRAM, ADMINISTERED BY COMMUNITY DEVELOPMENT -- ALLOCATE FUNDS ($20,800, CDBG ACCTS. 452249-799209-670 AND 451149-799209-670). RESOLUTION NO, 97-149 A RESOLUTION ACCEPTING THE BID OF MANOLO HORTA PAINTING, FOR THE FURNISHING OF PRESSURE CLEANING SERVICES FOR THE NEIGHBORHOOD RESIDENTIAL EXTERIOR PAINT PROGRAM ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENTINET, ON AN AS NEEDED CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT A TOTAL PROPOSED ANNUAL COST OF $20,800.00; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, ACCOUNT CODE NOS. 452249-799209-670 ($10,000.00), AND 451149-799209-670 ($10,800.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, UNDER THE SAME PRICE. TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. M March 20, 1997 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.2 AMEND R-96-383 TO INCREASE AMOUNT APPROVED FOR ACQUISITION OF PRINTING SERVICES FROM NORTHSTAR PRINTING (FORMERLY CLASSIC PRINTII,\?G GROUP), FROM $8,743 TO $10,148 -- ALLOCATE FUNDS FROM POLICE ACCOUNT 001000.290201.6.680. RESOLUTION NO. 97-150 A RESOLUTION AMENDING RESOLUTION NO. 96-383, ADOPTED JUNE 13, 1996, THEREBY INCREASING THE AMOUNT APPROVED FOR THE ACQUISITION OF PRINTING SERVICES FROM NORTHSTAR PRESS (FORMERLY CLASSIC PRINTING GROUP) FOR THE POLICE DEPARTMENT ANNUAL REPORT, FROM $8,743.00 TO $10,148.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE 001000.290201.6.680; FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID INCREASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION,T WA 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 VICE MAYOR REGALADO, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: Mr. Mayor, for two different agendas I have asked now. Mr. Weeks about... on an agenda the item for adopting the I)ade County Ordinance relating to lot clearing. 9 March 20, 1997 F Mayor Carollo: Relating to what, Commissioner? Commissioner Plummer: Lot clearing. Mr. Weeks: Mr. Commissioner, there is an ordinance on today's agenda which deals with the lot clearing issue. Mr. A. Quinn Jones, III, Esq. (City Attorney): It was on before, Commissioner. The concern that you expressed the only thing that we didn't have was the ability to charge an administrative fee. Commissioner Plummer: All right. Mr. Jones: So built that in and it's before you for consideration today. Commissioner Plummer: Thank you. Thank you. 5. COMMENTS BY METRO-DADE COMMISSIONER NATACHA MILLAN REGARDING PROPOSED FY '97-'98 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATIONS TO YMCA.-- SEE LABELS 7,19 & 21. Mayor Carollo: OK, We're now in item number two which is the public hearing section. Oh, excuse me. Yeah, item number two. Commissioner Hernandez: Mr. Mayor. Mayor Carollo: Yes. Commissioner Hernandez: Prior to beginning the issue on item number two, I have been asked if item number six, which is the second reading on the Garden Houses of Morningside be taken since obviously item number two is going to take... Mayor Carollo: OK, I will be happy to do that but before but beforehand, if I may extend the courtesy that we always to our colleagues in government. I see Commissioner Milian is here, she would like to come up and address the Commission on her item. Ms. Natacha Milian: Thank you, Mr. Mayor and Commissioners, I appreciate the courtesy because I then will be running over to do the other Commission. Again, I am here on behalf of the YMCA (Young Men's Christian Association), I am representing today what I am proudly Vice President of, which is the YMCA of Dade County. Again, I want to bring to your attention that the Carver branch has something on the agenda that will bring the concerns that some of you who have expressed, especially Commissioner Plummer that we make sure that the children are protected, that they have a roof, that they have food and they have their medical care -- it's a quality of life. And so I would encourage you to look at it very closely, understanding the positions that you usually are in. We also have a YMCA for Jose Marti which is also a very special area that needs tremendous care and we put ourselves in your hands and respect your decision, and I appreciate it. Thank you very much. 10 March 20, 1997 Mayor Carollo: Thank you, Commissioner. ---------------------------------------------------------------------------------------------------------------- 5. SECOND READING ORDINANCE: APPROVE CREATION OF SPECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY FOR MORNINGSIDE NEIGHBORHOOD -- FOR PROVIDING SECURITY GUARD SERVICE AND ROVING POLICE PATROL SERVICE -- APPROVE CONSTRUCTION OF TWO (2) GUARD HOUSE FACILITIES, GATES, FOUR (4) STREET CLOSURES, INSTALLATION AND OPERATION OF TRAFFIC CONTROL DEVICES -- AUTHORIZE / APPROPRIATE AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($350,000) AND ADDITIONAL EXPENDITURES FOR ROVING POLICE PATROL SERVICE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK, you needed.... Commissioner Hernandez: Item number six. Mayor Carollo: OK, item number six. Commissioner Plummer: Just for the record on item number six. This has gone through a vote of the people? Mr. James J.-Kay (Deputy Director, Public Works): No, it has not. The;vote will probably take place some time in July. Commissioner Plummer: Well... Willie, I understand this is to allow the vote. And I'm in favor of it, so don't let me be negative here, except it says here -- subject compliance -- we are approving the construction of two guard houses. Now, it doesn't say... I don't find it here where it says the voting. Am I reading something or not reading something? Mr. Kay: This is the requirement of the Dade County Code. Commissioner Plummer: My point is, the way I read this, this City Commission is approving it and sending it to the County for final approval. I don't find anywhere in here that a vote of the people that are affected is going to take place before we vote on it. Mr. Jesse Diner: Commissioner. Commissioner Plummer: No, no, hold on sir, I pay him. Mr. Diner: That's fine. I pay him also. Commissioner Plummer: You can come later. Mr. Kay: OK, it's in Section IV. It's in Section IV of... Commissioner Plummer: It's not in the ordinance. Mr. Kay: Yes, sir it is. In Section IV of the ordinance. 11 March 20, 1997 L 7 Commissioner Plummer: All right, show me where it is in the ordinance. Mr. Kay: Section IV, the third page. Commissioner Gort: Backup. Commissioner Plummer: Not in the backup, I'm talking about that which is on the agenda. I don't see that that is subject to... Commissioner Hernandez: Page three, Section IV. Commissioner Plummer: No, I'm not talking... Excuse me. Humberto, I'm not talking to the backup material. Vice Mayor Regalado: You're talking about page eight in the agenda. Commissioner Plummer: I'm about talking about page... Item number 6, on the agenda. Mr. Kay: OK. Commissioner Plummer: That which people are designated to read and to understand. If I read what is here, remember the public do not get backup material. Commissioner Hernandez: Right. There is also a mistake... Commissioner Plummer: OK, they only get what you're looking at and I'm looking at here. I'm fully in favor of what the people up there want. But I'm saying to you that as I read this, as it stands on the agenda we're approving it prior to a vote of the people. So I will stipulate for my vote in there, that this is... Commissioner Hernandez: Subject to. Commissioner Plummer: ... subject to without question. Because, you know, 51 percent have got to vote for it. Commissioner Hernandez: There is also a typographical error on the agenda... Commissioner Plummer: All right, I didn't pick that up. Commissioner Gort: ... which calls for three hundred and fifty thousand dollars ($350,000) and it says, the wording says... "an amount not to exceed three hundred thousand dollars ($300,000)." Mr. Kay: The figure was changed on the floor at the first reading to three hundred and fifty thousand. Commissioner Plummer: It's, mine has the three fifty. Commissioner Hernandez: No, not on mine. Commissioner Plummer: OK. OK, who wants to move it? I have no problem with it. I just want it clarified so that people understand because I want you all, I'm assuming that everyone of you like I, have had many calls on pro and con. Commissioner Hernandez: Well, it's subject to the vote of the neighborhood. 12 March 20, 1997 In Mr. Diner: We understand that, Commissioner, that's what I started to say. Jesse Diner, 644 Northeast 57th Street. This is just one step in the whole process culminating in the election. Special election is going to occur on July 1, 1997. We understand it's subject to the approval of the neighborhood. If the neighborhood does not vote in favor of it, then it won't happen. Commissioner Plummer: Let me make one other clarification for you, sir. Mr. Diner: Certainly, Commissioner. Commissioner Plummer: That in no way will that guard house be able to detain anyone from traveling on public streets. Mr. Diner: I believe you brought it up at the first reading, Commissioner. I understand. Commissioner Plummer: Well : just want to be sure of that because that will cause more problems for this Commission than anything else that you might do. Mr. Diner: We understand. It should... We will fully adhere to whatever the requirements are. The County administers this, as you know, through the security guard service and we're only looking to do what the law allows; nothing more, nothing less. Commissioner Plummer: I second the motion. Mayor Carollo: There is a motion, there is a second. Hearing... -Mr. Frank Faragalli: Excuse me... Commissioner Plummer: Wait a minute, wait a minute; another man wishes to speak. Mayor Carollo: Well. Commissioner Hernandez: I made the motion. 13 March 20, 1997 L F Mr. Faragalli: I am sorry, excuse me. My name is Frank Faragalli, I live at 550 Northeast 59th Street in Morningside and gentlemen this morning you have a unique opportunity to guide a community toward doing the right thing by rejecting this ordinance. This ordinance is not going to provide the additional security that the neighborhood is looking for. What it is going to do is it is going to cause the non -tax deductible property taxes from many retired and fixed income residents of Morningside to increase by maybe more than 60 percent. What it is going to do, is further drive a wedge between those homeowners who live on smaller properties south of 55th Terrace and will have to pay the same amount of taxes those homeowners, myself included, who live on larger properties north of 55th Terrace. And there is really a more fractious thing here. Commissioner Plummer, you brought this up. Morningside Park, one of the largest family oriented facilities in this City, is going to be isolated and only accessible by vehicle through access gates. The majority of citizens who use Morningside Park and there are an estimated 50 to 70,000 visits a year do not live and are not residents of Morningside. They come from outside communities. They come from Lemon City, Little Haiti, Buena Vista, Overtown. It's unconscionable that we allow these citizens who are tax supporting this facility to be subjected to the insult and indignation of going through a check point. And I believe, regardless of how passive and convenient we make that checkpoint, it still says that if you don't live here, then you're not welcome here. And that is not what we need in the City of Miami in order to make us go forward toward correcting our problems. We don't need additional communities who think that solving their problems is to isolate themselves into insignificance. We need communities and neighborhoods who participate in the process and not draw themselves back from it. If you can't justify throwing this item out completely then I ask that you at least consider deferring it until such a time as you can get significant information about the impact of these types of special taxing districts in all of Miami. Thank you for your consideration. Commissioner Plummer: _ You know,• I still... I guess I got a problem in the, scheduling here. What happens if 51 percent of the people of Morningside say no? Mr. Diner: It doesn't happen, Commissioner. Commissioner Plummer: Well, we already approved it here. Mr. Diner: No, no. But it's subject... Mr. Kay: No, no. Subject to. Mr. Diner: ... to the vote, Commissioner. It's very clear in the ordinance, it's subject to the vote. You are not, you do not have to worry about this occurring if 51 percent do not approve it. Mr. Kay: It dies right there. Commissioner Plummer: It's still the cart before the horse. I'm with you in the idea of establishing. OK. But I just, it seems like it's not... The vote should come before this resolution to me or this ordinance. But, if it works both ways and the City Attorney has no problem with it adding the terminology subject to the majority vote of the area, I have no problem. And by the way, the Roads Section are coming in to have the Roads. Mr. Mayor, if I may take one more time? One of the major problems that we've had with barricades or whatever you want to call it, is the fact of what is going there and access to emergency vehicles. Coral Gables, I don't know if you're aware, have you seen their so called barricades? Every emergency vehicle has a... like a garage door opener that opens up any one of those barricades and they are good looking, they are not what you would refer to as something that is a concentration camp. And I think this Commission needs to think seriously of adopting those kinds of barricades in this City and let's learn from someone else because it works great for Fire, Rescue and Police. 14 March 20, 1997 Mayor Carollo: Commissioner, I think that's a very goad idea and I would like to name you on a Committee of One, that you go and speak to our neighbor, Jack Eates (phonetic) and get some real good input on that to see if we could implement them. Commissioner Plummer: Mr. Mayor, I thank you for recognizing my intelligence of not needing any other help and I would be happy to do such sir, so I can educate you. Thank you. Mayor Carollo: Only, only on barricades. You know, wood... Commissioner Plummer: That's for openers. Mayor Carollo: Thank you, Commissioner. Commissioner Gort: You made that part of the resolution? Commissioner Hernandez: Yes, I'll make an amendment to my motion to add to the resolution, it's subject to the vote of the residents of that neighborhood association. Mr. A. Quinn Jones, III, Esq. (City Attorney): Commissioner, it's an ordinance. And I'll be happy to add it, but it is very clear within the text of the ordinance that it requires a referendum. Commissioner Hernandez: All right. Mayor Carollo: Yeah, it is there. Any further statements that anyone would like to make, neighbors, public, members of the Commission? Commissioner Plummer:: -Who is doing the balloting?-.Are..we doing it or are they? Mr. Diner: County. No, the County conducts it. Mr. Kay: No, Dade County. Commissioner Plummer: They're conducting the ballot? Mr. Kay: Yes, sir. Mayor Carollo: They always do it. Yeah. Well, you're right. Can you read the ordinance? 15 March 20, 1997 L An Ordinance entitled AN ORDINANCE WITH ATTACHMENT(S), APPROVING CREATION OF A SPECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY FOR THE MORNINGSIDE NEIGHBORHOOD, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING TWENTY-FOUR HOUR STATIONARY SECURITY GUARD SERVICE AND ROVING POLICE PATROL SERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND METROPOLITAN DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF TWO (2) GUARD HOUSE FACILITIES, GATES, FOUR (4) STREET CLOSURES, INSTALLATION AND OPERATION OF TRAFFIC CONTROL DEVICES, AND AUTHORIZING AND APPROPRIATING AN AMOUNT NOT TO EXCEED THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) FOR SAID CAPITAL IMPROVEMENTS, AND ADDITIONAL EXPENDITURES FOR ROVING POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; PROVIDING FOR TITLE, INSURANCE AND GUARD HOUSE LOCATION; REQUIRING EXECUTION OF INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND METROPOLITAN DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11460. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Carollo: J.L., can you have that information for us, including cost by the end of April at least? Commissioner Plummer: I would hope so. Mayor Carollo: Good, thank you. Commissioner Plummer: One phone call. Mr. Mayor, I think we need to help the Public Service Aid in the back and remind the people standing in the back, that if you don't have a seat that you're supposed to be outside. So I think if we would please come along and please assist the PSA. It is prohibited of standing in the back and please take a seat. Thank you, Mr. Mayor. 16 March 20, 1997 ---------------------------------------------------------------------------------------------------------------- 7. (A) DISCUSS PROPOSED ALLOCATIONS OF FUNDING UNDER CITY'S FY '97-'98 CONSOLIDATED PLAN -- SEE LABELS 5/19 & 21. (B) VICE MAYOR REGALADO REQUESTS ESTABLISHING EMERGENCY RESERVES FUND IN CONNECTION WITH SOCIAL PROGRAM NEEDS RESULTING FROM WELFARE REFORM ACT. (C) RESEARCH WITH POLICE FEASIBILITY OF FUNDING FROM LAW ENFORCEMENT TRUST FUND UNFUNDED PUBLIC SERVICE & SOCIAL SERVICE PROGRAMS. (D) ESTABLISH SEGREGATED ACCOUNT FUND TO ACCEPT PRIVATE INDUSTRY DONATIONS -- PROVIDE 20 PERCENT IN CONNECTION WITH ADMINISTRATIVE COST OF SUCH FUND. (E) DISCUSS / MODIFY HOUSING DEVELOPMENT AND REHABILITATION PROPOSED FUNDING ALLOCATIONS. (F) COMMISSIONER PLUMMER ADVISES OF AVAILABILITY OF $100,000,000 FROM WAGESS BOARD COALITION FOR JOB TRAINING. (G) RESCHEDULE COMMISSION MEETINGS OF APRIL AS FOLLOWS: FROM 4/10/97 TO 4/2/97 -- ESTABLISH 4 A & 4 /14 /97 AS ADDITIONAL MEETING DATES -- ELIMINATE 4 / 24 / 97 SECOND REGULAR MEETING DATE FOR PLANNING & ZONING ITEMS. (H) DISCUSS / MODIFY / ACCEPT CHANGES TO 23RD YEAR COMMUNITY DEVELOPMENT PROJECT PROPOSALS RELATED TO PUBLIC SERVICES & SOCIAL PROGRAMS. Mayor Carollo: We're back to the regular agenda. We're no at Public Hearings, item number t two. Mr. Elbert Waters (Director, NET/Community Development): Good morning Mr. Mayor, members of the City Commission. For the record my name is Elbert Waters, Director of the Department of Community Development/NET. Item number two, the administration respectfully recommends that the City Commission adopt the attached resolution and ordinance for the City of Miami, FY '97-'98 consolidated plan. This plan includes the action plan with funding recommendations for the following four programs: The Community Development Block Grant Program in the amount of thirteen point one hundred and six thousand dollars ($13,106,000), the Home Investment Partnership Program which is four million two hundred and three thousand dollars ($4,203,000), our Emergency Shelter Grant (ESG), which is three hundred and forty-six thousand dollars ($346,000) and our HOPWA Program, Housing Opportunities For Persons With Aids, eight million eight hundred and thirty-two thousand dollars ($8,832,000), bringing a total HUD allocation which is approximately twenty-six million four eighty-seven ($26,487,000). If you may recall, Commissioners at the last City Commission meeting, our staff was asked whether or not the administration or whether or not the program would allow the use of program income as a measure to pay for public services. Staff has posed that question to our funding source, U.S. HUD (United States Housing and Urban Development). HUD's response has been in the affirmative and that is, the City of Miami can use 15 percent of its program income to provide or fund the social service programs. Staff also has submitted to the Commission a report which expresses that and also the administration is recommending that we restore... and based on the information that we received at the last City Commission meeting 17 March 20, 1997 F whereby the organizations in the public service categories were concerned about the reductions. Staff is recommending that the anticipated 15 percent of program income which includes approximately three hundred thousand dollars ($300,000) be used to fund those existing agencies at its current allocation thereby bringing them within their budget as it is today. And so, the staff has recommended that. That would in order to restore those agencies at that level, it will also have a balance of approximately one hundred and sixty-seven thousand dollars ($167,000) of which the Commission could use to fund either again, public service or any other program category it so desires. Therefore, the administration is recommending approval and adoption of item number two. Vice Mayor Regalado: Is item number... Mr. Waters. Mr. Waters: Yes, sir. Vice Mayor Regalado: Does item number two include all the social services agencies? Is that correct? Mr. Waters: Yes, sir. Vice Mayor Regalado: To the current level? Mr. Waters: Yes, sir. Vice Mayor Regalado: No one has been left out? Mr. Waters: Of all our e-xisting programs, no one has been left out. Vice Mayor Regalado: Right. Would it be, would we be voting also on the housing projects? Mr. Waters: I am sorry sir, I didn't hear you. Vice Mayor Regalado: Housing projects? Mr. Waters: What is the question again, please? Vice Mayor Regalado: Resolution includes.... If this resolution includes the housing projects... Mr. Waters: Yes, sir. Vice Mayor Regalado: ... being funded at their current level too? Mr. Waters: Not, well it... The staff recommendation sir, it is, we're recommending those agencies approximately eight of the thirteen for funding for housing development purposes. So, not all of the agencies in the category of housing are being recommended by staff. Vice Mayor Regalado: So Mr. Mayor, can we take those who are not being funded to the current level one by one and examine what is going on? Commissioner Gort: Mr. Mayor, Mayor Carollo: We can do that, if you like Commissioner if that's the will of the Commission. Commissioner Gort: Mr. Mayor, I understand one of the reasons some of those agencies were not funded is because they requested to have "X" amount of homes built by a certain time. At 18 March 20, 1997 E the same time, some of those agencies that I spoke to, and if you read the Community Development Corporation, it takes an agency at least two to three years to really get established. If we have invested money in some of these agencies to get going, now they get the land and they're ready to build and you take that away, how are they going to finish it? I think this is thing we should look at. Commissioner Plummer: Well, you've also got a problem in the facade program. And, to make the record clear, that and the facade program of today is not approving other than the projected budget for facade. Until we get the monitoring results, that is when this Commission will make its decision which will be in May or June? Mr. Waters: Yes, sir, in May. Commissioner Plummer: In May. And we will then have the results of the facade program. Mr. Mayor, the only problem I have with the request of Commissioner Regalado, are there all of the people here who were not funded having the opportunity to speak? And that I think maybe would create a problem. For example, the one that I was going to fight very hard for today, I don't see a representative here, and that's the Boys Club, Boys and Girls Club which are the only recreational program in West Grove. And I was going to fight very, very hard for them. But if, you know, I don't think it's my place to stand up as a Commissioner and speak and vote. Commissioner Gort: Well, look let's ask a question then. My understanding is by accepting this plan today, do we accept the allocation or can that be changed later on? Commissioner Plummer: No, the allocation today on the social services is all but one hundred and sixty-seven thousand. Commissioner Gort: Right, that's... Commissioner Plummer: Under the change. Mayor Carollo: That's one hundred and sixty-seven or was it one hundred and sixty-eight, plus? Mr. Waters: The number is approximately one sixty-seven nine hundred. Approximately, one sixty-eight. Commissioner Plummer: OK, well, all right. Commissioner Hernandez: Right. Mayor Carollo: Approximately, well... Vice Mayor Regalado: So what we're doing here right now, you can tell us that we are going to fund the social services programs, every program that has to do with children and senior citizens and social services are being funded to the current level? Mr. Waters: All of the social service agencies that the staff or the administration has recommended for funding are being restored at its current allocation. Vice Mayor Regalado: Well, but are we missing some here, because we don't... I just won't like to just vote for something and then find out that an important agency has been left out. 19 March 20, 1997 L Mr. Waters: Vice Mayor, you may recall that we, the administration again, with the Citywide Advisory Board has made its recommendations. Staff also is before you with their recommendations. The recommendations that we're making has to do with all agencies that are currently being funded by us. There are no new agencies that are being recommended except for two City of Miami projects. Those two projects are item number 16 in your blue book and item number 17 in your blue book in the amount of twenty-five thousand dollars ($25,000) City of Miami Parks Department and seventy-two five hundred for two projects. One is a childcare services and the other one is a leisure and referral on transportation for the disabled. All of the other agencies that we funded last year, are being recommended for funding for this year's allocation. Vice Mayor Regalado: So, let me just make sure because this is a very important issue and read to you. Action Community Center, Allapattah Community Action, Alternative Programs, Centro Marter, Sagrada Familia, Little Havana Childcare, De Hostos Senior Center, Hispanic Coalition, KIDCO, Little Havana Activities and Nutrition Center... Commissioner Plummer: What's he reading? Vice Mayor Regalado: ... Little Havana Activities and Nutrition Center, Pro Salud ... Commissioner Plummer: No, he's started reading from... Vice Mayor Regalado: ... Miami Jewish Home and Hospital for the Aged, and Southwest Social Services. Is that correct in your list? Commissioner Plummer: I don't know what document you're reading from, my document... Mr. Waters: He was reading from the blue book, blue hook Commissioner. Commissioner Plummer: I'm reading from the blue book here. Vice Mayor Regalado: I'm reading from the blue book here, page 12. The level of the current allocation, that's what we're doing here. Mr. Waters: OK, if I may? The Jewish Family Services, staff has not recommended funding. For KIDCO Childcare, staff has recommended funding. Liberty City Optimist, staff did not recommended funding. The Lions Home for the Blind, staff did recommend. Mayor Carollo: Well, J.L., how much did you want them to give to the Boys and Girls Club, the twenty thousand... Commissioner Plummer: Just what they... Mayor Carollo: Twenty thousand six eighty, right? Commissioner Hernandez: Yeah. Commissioner Plummer: Mr. Mayor, just what they... Mayor Carollo: OK. Well... Commissioner Plummer: Mr. Mayor, just what they requested. I mean, that's for them. That is the only program in West Grove. 20 March 20, 1997 L Mayor Carollo: Right. Commissioner Plummer: And it's very successful. Mayor Carollo: Let me make some suggestions and let's throw it out for discussion while Commissioner Regalado is going over some of the other programs. We have an additional, approximately one hundred and sixty-seven thousand. Let me suggest that we give the twenty thousand six hundred and eighty dollars ($20,680) to the Boys and Girls Club of Miami. These are suggestions... Commissioner Plummer: Right. Mayor Carollo: ... for discussion. Ten thousand to the Notre Dame Childcare Center. Commissioner Plummer: Wait, what number, Joe? Mayor Carollo: This is number 12. j Commissioner Plummer: Twelve, OK. How much, ten? Mayor Carollo: Ten. Forty thousand to the Greater Bethel, 27. Commissioner Plummer: What number, 27? Mayor Carollo: Twenty-seven, right. Commissioner Plummer: Give them how much? Mayor Carollo: Forty -thousand. Fifty thousand to the... actually sixty thousand to the Haitian American Foundation. Commissioner Plummer: Which one of them? Mayor Carollo: That's 33. The job training placement counselling that is going to be needed now more than ever, sixty thousand to that. Ten thousand to the YMCA Carver branch. Commissioner Plummer: Number. Commissioner Gort: Fifty-six. Mayor Carollo: 56, on that. Commissioner Plummer: Oh, OK. How much? Mayor Carollo: Ten thousand. Nine thousand for number 40, the Lions Home for the Blind. Commissioner Plummer: How much did he say? Mayor Carollo: Nine thousand... Commissioner Plummer: OK. Mayor Carollo: ...to the Lions Home for the Blind. 21 March 20, 1997 Commissioner Plummer: All right. Commissioner Gort: My understanding, Mr. Mayor... Mayor Carollo: Yes. Commissioner Gort: You're talking about number 40? Mayor Carollo: Number 40, right. Commissioner Plummer: Yeah. Mayor Carollo: Nine thousand additional I'm saying. Commissioner Gort: Oh. Mayor Carollo: Lions Home for the Blind. Mr. Waters: I am sorry, you said additional? Mayor Carollo: Yeah, nine thousand what you're recommending I think is... Mr. Waters: Thirty-seven. Mayor Carollo: Thirty-seven. Commissioner Plummer: Well, Mr. Mayor, if you're going to do that, I would ask reconsideration of the Boys Club up to 25. Mayor Carollo: Well, OK, let's go to the Boys Club at 25. Because the Boys Club, the kind of work they provide, J.L., I mean it's incredible and it's an area that we're low in allocating to. The Lions Home for the Blind is a program that I tell you, if we would go all see, and I see Luis Sabines is here shaking is head and he's correct. He's done an outstanding job and especially now with all the additional cuts that are coming, you know, they are going to need it more than ever. And if I may suggest another, actually nine thousand to the YMCA, Jose Marti branch. We got some monies left I believe, a little bit left out of the one sixty-seven here. Commissioner Plummer: All right. Mr. Mayor, may I stop for a minute? Mayor Carollo: Yes. Commissioner Plummer: Mr. Waters, are there any funds available in the Economic Development? The reason I'm asking that, if we are going to be developing the area around the Tower Theater and all that area to be redone in the Pub Restaurant and all that, I would like to see the allocation of one hundred thousand for the Little Havana, the Latin Chamber of Commerce go back up to the one fifty. You got them cut down to one hundred. Now, I'm asking, are there any monies there or any way that we can juggle monies so that we can make sure that that is done in the Little Havana area? Mr. Waters: Commissioner, if you would note on that same page, page seven of ten, we have the CBO incentive fund in the amount of six hundred and seventy-five thousand dollars ($675,000). Commissioner Plummer: Wait a minute, wait a minute. I'm losing you because my pages are different. 22 March 20, 1997 L Mr. Waters: I'm sorry. Tab, OK, your tab under the topic, Economic Development. Commissioner Plummer: OK. Mr. Waters: Page seven of ten, which is your first page under Economic Development. Commissioner Plummer: Hold on. Seven... Mr. Waters: That's your first page under... right behind the tab. Commissioner Plummer: Seven of ten. Yes, sir. Mr. Waters: OK. At the bottom of the table, you note it says CBO incentive funds, six hundred and seventy-five thousand dollars ($675,000). That fund is cumulative. In other words those agencies that are listed on that page with the star, all of which are under contract with the City of Miami, they have to perform based on their contract and that performance as you mentioned earlier on is due in on May 15th. The amount that you're speaking of for the Latin Chamber is the only amount that we have which would be within that six hundred and seventy-five thousand dollars ($675,000), which in essence would lessen the amount for the various different other agencies. Commissioner Plummer: But that is a surplus amount that's not, at this particular time designated, is that correct? Mr. Waters: No, it's just. No, sir. It's just based on performance. So it's an amount whatever :we have left in that amount would be distributed... Commissioner Plummer: All right. Mr. Mayor, may I make a recommendation? Mayor Carollo: Yes. Commissioner Plummer: That Latin Chamber of Commerce be put at the one hundred and fifty level and they can also vie for performance above that. But I think it's important that we've got to do that area, and it's got to have some help. Vice Mayor Regalado: If we, if we don't fund the Latin Chamber of Commerce to the current level they might not be able to perform helping precisely the people that we want to help right now by allocating hundreds of thousands of dollars to rebuild the Tower Theater, to fix the facades on Southwest 8th Street. This Latin Chamber of Commerce is the backbone of Little Havana, as of now, although they serve the rest of the County. We cannot, we cannot undress somebody to dress another person, so I would strongly support J.L.'s motion or suggestion to fund the Latin Chamber of Commerce to the current level and, you know, I'm sure that they will by May, they will bring the right answers to whatever questions that we have in the City. Mr. Aaron Weeks (Chief of Staff): Mr. Vice Mayor, staff doesn't have a problem with that recommendation. However, we would note that that would reduce the incentive fund by fifty thousand for which those organizations which do perform and would be eligible for additional funding that that amount would be reduced. Vice Mayor Regalado: But wait a minute, we still, we still have the unanswered question of the program income. We, remember that we talked about the possibility of having an outside firm getting the bills that people owe the City paid. The loans that had been given and that program income will bring, we think, and of course you think too, more money than it has brought in the 23 March 20, 1997 L past because we're going to have a professional agency. So, we are still allowed to use 15 percent of that money that will be coming in, more than we expected. So, even if we fund fifty thousand dollars ($50,000) more, I am sure that a private collection agency will be able to bring more money than we expected it if we do not hire that agency. Commissioner Plummer: My recommendation. Mr. Waters. Mr. Waters: Yes, sir. Commissioner Plummer: My recommendation or my vote will be predicated on page seven of ten, restoring Latin Chamber to one fifty and restoring Little Havana Development Authority another six thousand dollars ($6,000) to bring them up to their current level. And that would come from the incentive fund. Mayor Carollo: OK. We're still... Commissioner Plummer: Now, that's not facade program correct... Mr. Weeks: Thank you. Commissioner Plummer: ... or is that part of it? Mayor Carollo: Yeah, we're dealing with social services. Commissioner Plummer: OK. Well, I was just getting over to the other side. Mr. Waters: No, we're back, we're on Economic Development, sir. Mayor Carollo: But we need, you know, to stick to social services, I think. Commissioner Gort: Let's finish with one. Commissioner Hernandez: Yeah. Mayor Carollo: Because you have many organizations that have different requests on different segments. Commissioner Hernandez: I agree. Mayor Carollo: So, let's try to stick with the social services before we jump. J.L., I see here that what the Boys Club, Boys and Girls Club was asking for was twenty thousand six eighty. Commissioner Plummer: Right. Mayor Carollo: If we could keep it at that. Keep the Haitian American Foundation at fifty, then we have eighteen thousand that we can provide to the St. John's Tot Center and what... Commissioner Plummer: The only reason, Mr. Mayor, I did that was what they received last year... Mayor Carollo: Yeah. Commissioner Plummer: ... was not from this but from the City at twenty-five thousand grand. 24 March 20, 1997 L Mayor Carollo: Yeah. Commissioner Hernandez: Where... Mayor Carollo: OK. Mr. Waters: Excuse me, Mr. Mayor. Commissioner Hernandez: Where do you want to put the Haitian American Foundation? Mr. Waters: Yeah, there are three projects... Mayor Carollo: At 33. Mr. Waters: Number 33. Commissioner Hernandez: Number 33. Mayor Carollo: At 33, fifty thousand. So, this will bring us to one hundred and sixty-seven thousand from what I mentioned before including with the Boys and Girls Club, at their request here, that they made twenty thousand six eighty. Mr. Waters: OK, again Mr. Mayor, so item number 33, Haitian American Foundation, the recommendation is fifty... Mayor Carollo: OK, let me�go from the top here. Item number £I, Boys and Girls Club of Miami :at twenty-one thousand. Mr. Waters: OK. Mayor Carollo: Notre Dame Childcare Center, item number 12, at ten thousand. Twenty-seven, Greater Bethel at forty thousand. Thirty-three, Haitian American Foundation at fifty thousand. Commissioner Plummer: Wait a minute, fifty? Mayor Carollo: Fifty. Commissioner Plummer: OK, you changed that. Mayor Carollo: Item 40, Lions Home for the Blind, nine thousand. Item 51, St. John's Tot Center, eighteen thousand. Commissioner Plummer: Wait a minute, I've lost that. What is that, is that? Commissioner Gort: Fifty-one. Mr. Waters: Fifty-one. Mayor Carollo: Fifty-one. Commissioner Plummer: Fifty or fifty-one? Mr. Waters: Fifty-one. 25 March 20, 1997 Mayor Carollo: Fifty-one. Commissioner Plummer: How much? Mr. Waters: Eighteen thousand, correct? Mayor Carollo: Eighteen thousand. Commissioner Plummer: OK. Mayor Carollo: Fifty-six, Carver branch YMCA, ten thousand. Fifty-seven, Jose Marti branch YMCA, nine thousand. And if my calculations are correct that comes to one hundred and sixty- seven thousand. If someone in staff can check it and see since I don't have a calculator here? Mr. Waters: Yeah, we're making the calculation right now, sir. Vice Mayor Regalado: Mr. Mayor. Mr. Waters: It is, sir. One sixty-seven thousand. Vice Mayor Regalado: Mr. Mayor, I think that we should at least consider the possibility of having some kind, although little as it be, of emergency funds. Coming this August, we are going to have a problem. Those programs that we have been funding right now, to the current level will have a different scenario late this summer because we're going to start suffering the effects of the Welfare Reform Act. Many people will be without food stamps and checks. Many parents would be effected. And I believe that the City will have some kind of responsibility with its residents and services so I... If there is any way that we can save some money so this Commission will be able to assign some emergency funding in late summer or early fall for the urgent needs that programs will have. I'm telling you that there is no solution to what is coming. Whatever you hear that Congress and Washington or legislature in Tallahassee is doing, I hope that it will come true, but you know we are going to be impacted here in the City of Miami. Remember that we have 80 percent of the housing units of Dade County are in the City of Miami. And, those housing units, you're going to have several thousand people that will be losing their checks and their benefits. You are going to have East Little Havana and in Flagami, and this of course will impact a lot of Latins. Hopefully, it will not impact many members of the Afro-American community because the Welfare Reform calls for a two year time limit. But, it will immediately impact a lot of Latin people especially elderly Cubans who are not American citizens but who are the responsibility of this City. So, even if we have to go out and beg to the private industry to set up a fund because I know, and a lot of people here know that come late summer, we're going to have a problem. We're going to have people who will be really hurting and you know, the meal that they get or the education that they get for the children it's fine but they're going to need a little more. And I don't know what we can do but I think we have a moral responsibility with those people. So, I don't know Mr. Mayor if we can set up a fund or even if we can ask donations from the private industry. A fund that will be used by this Commission, not by the staff but by this Commission so it would come... people here when they have a need with the document, people from whatever senior centers or childcare centers said, I have this problem with some family and the Commission can allocate some emergency funding. Mr. Waters: Mr. Vice Mayor, you're absolutely correct in terms of the future impact of the new Welfare Reform Act. Staff would basically say to you that we are intricately involved in the process. We are working through our WAGESS (Work and Gains Economic Self -Sufficiency) Coalition and we are anticipating and making plans and preparations to address those concerns. We have a Neighborhood Jobs Division which is working with our jobs employment partnership of which... 26 March 20, 1997 Mayor Carollo: Yeah, but he's talking about something much wider than that. We're talking about a lot of elderly in little Haiti that is going to be affected greatly too. Vice Mayor Regalado: That's right. Mayor Carollo: Other areas of the City of Miami that the Vice Mayor mentioned. These are not people that you could place to work. Vice Mayor Regalado: They cannot work. Mayor Carollo: They're in their 60s, 70s, 80s. And these are elderly that are going to be affected strongly. So I would suggest that maybe you could make some recommendations to the Commissioner, if we could vote upon this now of how we could go about this. Commissioner Gort. Commissioner Gort: Well, the problem is if we allocate all this funding the way we're doing, it's going to be very difficult to in order... we create a reserve for whatever income they produce. If we, what we can do is, this and that... that whatever income comes in will be going towards that fund. At the same time, we have to realize that if you look at the budget all the different agencies, our part is sort of a matching fond. And I think the private sector has a responsibility to work with those individuals. This is something we need to work with and help them also. Try to get the private sector to work with them also. I have known several corporations that have gotten involved in programs, that are willing to go in programs. But we want to maintain the same level of funding that we have. I understand about the emergency but, maybe we can designate specific income to go to those accounts. Vice Mayor Regalado: But I tell you, Commissioner, that when this emergency happened, and it will happen, the people will not turn to the private industry for help, they will try to get in touch with you, with all the members of this Commission, with the directors of the social services to seek help. And we're going to have to respond in any way because out of 56,000 people in Dade County we feel that in the City of Miami alone, maybe 20 to 25,000, half of these people will be impacted. Mr. Waters: If I may then Mr. Mayor and members of the Commission. Assuming that the RFP (Request for Proposals) that we're anticipating coming before you to be on the street for collection purposes of our loans, what staff would do is make recommendations to reserve a portion of that again, up to 15 percent of that program income that could be designated for the purposes of which the Vice Mayor has so stipulated. Commissioner Plummer: Yeah, because as I see it, if you try to take money from here all you're going to do is make the problem bigger in August. Because this is basically addressing food, shelter and medical. Vice Mayor Regalado: No, no, no. I'm not talking J.L., I'm not talking of cutting money, absolutely not. What I'm saying is specifically, on the next income that we're going to have, especially if we hire the collections firm. But even, even if we can get the money that we expected with the collection firms, I think that this Commission should go out to the private sector and ask for money and have a special fund. Because, it's going to come. There is no way that we can avoid the crisis, it's coming, it's coming in late summer. And if we don't have some money ready to help at least with a bag of food or for some emergency housing money, we're are going to have a social problem here in the City of Miami. So, even if we have to pass a resolution saying that each member of the Commission has to go down and beg to the private industry, we have to do it. Because what we're going to have here late summer, I tell you, it's really, really bad. 27 March 20, 1997 F Mr. Waters: Mr. Vice Mayor, if again, if I may? Staff has advised me that the bids regarding the collection agencies are scheduled to be back in April, April 11th is the exact date. At which time, you know, the selection of that particular firm will be before you and hopefully, between that time and August we should be generating some income and again, staff would be recommending that the amount of income that we generate from those collections, which is programmed income, 15 percent of that be set aside for the purposes of which the Vice Mayor has so stipulated. Commissioner Gort: Go ahead and make a motion. I think we need that. Commissioner Hernandez: I'd like to, before I make a motion. I'd like to reconsider on a suggestion that was made by the Mayor on the allocation of the monies on the items that we were talking about. Is to reconsider maybe allocating some of the monies that he's piecemealed to, and all of us are aware of this organization and the social services they provide. Mayor Carollo: What organization is that? Commissioner Hernandez: Number ten. The child Daycare Center at Centro Mater in East Little Havana. If we can put them up to their current, at least the current allowance... Commissioner Gort: They all are. Mr. Waters: Uh-huh, they are. Commissioner Hernandez, they are. Commissioner Gort: They're all going back to the.. Commissioner Plummer: They're all going to their current. Commissioner Gort: Yeah. Mayor Carollo: Yeah, they are. They are. Commissioner Hernandez: Are they part of the seven point two percent? Mr. Waters: Yes, sir. Yes sir, they are. All of the agencies. Commissioner Plummer: Yeah, everybody is. Mayor Carollo: Yeah, yeah. They've been put up there already. Commissioner Gort: Mr. Mayor. Mr. Mayor. Commissioner Hernandez: And that's part of the program income? Commissioner Gort: Right. Mr. Vice Mayor. Mr. Waters: Yes, sir. Commissioner Gort: Mr. Mayor, what I would suggest is, I don't know if they need a motion, that whatever collection they have from program income, 15 percent be set aside for reserve. Vice Mayor Regalado: I'll make a motion on that. 28 March 20, 1997 Commissioner Gort: I'll second. Commissioner Plummer: Say that again? Commissioner Hernandez: Fifteen percent. Vice Mayor Regalado: That every... Commissioner Gort: Any income that will be provided from program income set aside for reserve in case of emergency. Commissioner Plummer: Oh, that's fine. Mayor Carollo: OK. Vice Mayor Regalado: Yes. Mr. Mayor, I'll make a motion then. Mayor Carollo: There is a motion by Vice Mayor Regalado, second by Commissioner Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. The following motion was introduced by Vice Mayor Regalado, who moved its adoption: MOTION NO. 97-151 A MOTION RECOMMENDING THAT 15 PERCENT OF PROJECTED PROGRAM INCOME BE PLACED IN RESERVE FOR EMERGENCY FUNDS IN CONNECTION WITH SOCIAL PROGRAM NEEDS RESULTING FORM THE NEW WELFARE REFORM ACT; FURTHER DIRECTING THE CITY ADMINISTRATION TO SET ASIDE 20 PERCENT FROM SAID PROJECTED PROGRAM INCOME AMOUNT FOR ADMINISTRATIVE COSTS. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None, Commissioner Gort: I have a question now. There are several organizations here that have programs like the Vecinos en Accion. I know they have programs dealing with youths and athletic programs, can we send those to the police, to the, what do you call that fund? Mayor Carollo: We could try, the police might have some funds that they might be able to help them with. 29 March 20, 1997 Commissioner Plummer: Is that Law Enforcement Trust Fund? Mr. Waters: I am sorry, what was your question please? Commissioner Gort: There are certain programs in here that provide child care service, not child care service, but the sports and recreation program. Mr. Waters: OK. Commissioner Gort: Can we, have you recommended them also to apply to the police forfeiture fund, whatever the...? Mr. Waters: Well we made an attempt last year and it was not successful. I have not talked to the Police Department this year regarding that issue, sir. Commissioner Gort: Because my suggestion is some of this we cannot fund it and they're providing services within the community. I think they should. You guys got some excellent programs in Model City and excellent programs to help a lot of kids there and also in the Little Havana area. Mr. Waters: Commissioner Gort, the only thing I could... I guess from my department standpoint, I will he happy to meet with the Police Chief who is the administrator of the Law Enforcement Trust Fund to articulate the needs regarding these sports programs and see whether or not the Police Department can assist in funding those particular agencies, and I'll be happy to do that. Commissioner Gort: OK. Commissioner Plummer: Well, why don't you just make a motion instructing, or asking that the... Mr. Waters meet with the Police Chief on all of the unfunded programs and come back and tell us only on those he can't, why? Commissioner Gort: So move. Mayor Carollo: There is a motion. Commissioner Plummer: Second. Mayor Carollo: There is a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. 30 March 20, 1997 F The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-152 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT DEPARTMENT OF COMMUNITY DEVELOPMENT/NET DIRECTOR ELBERT WATERS TO MEET WITH MIAMI POLICE CHIEF DON WARSHAW REGARDING THOSE PUBLIC SERVICE AND SOCIAL SERVICE PROGRAMS NOT RECEIVING RECOMMENDATIONS BY CITY STAFF FOR POSSIBLE FUNDING OUT OF THE LAW ENFORCEMENT TRUST FUND; FURTHER INSTRUCTING THE CITY MANAGER TO DIRECT THE MIAMI POLICE CHIEF TO PROVIDE EXPLANATIONS DURING THE COURSE OF THE ABOVE CITED MEETING IN THOSE INSTANCES WHERE FUNDING CANNOT BE PROVIDED, AND RESCHEDULE SAME BEFORE THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Ms. Linda Kearson (Assistant City Attorney): recommend that 50 percent or 15 percent? Vice Mayor Regalado: Fifteen. Commissioner Plummer: Fifteen. One five. Commissioner Gort: Fifteen. Mayor Carollo: One five. Ms. Kearson: It's one five. Thank you. Commissioner Gort: Also. Mr. Mayor, on the previous motion did you Vice Mayor Regalado: Mr. Mayor, if I... Commissioner. Mayor Carollo: Yes, go ahead. Vice Mayor Regalado: Mr. Mayor if we can add to that motion, I don't know it it's possible, that besides that 15 percent that the City is going to get from the program income, if we could accept donations from the private industry that would be also set for the emergency funding? Commissioner Plummer: Well, what you want to do I think Madam City Attorney or Mr. Manager. You want to establish a fund so that each donation doesn't have to be brought before 31 March 20, 1997 us to slow the process down. So if you create a fund, an appropriation fund, then that would be the most expeditious way to do it. Vice Mayor Regalado: Same fund. Commissioner Plummer: What? Vice Mayor Regalado: The same fund as the 15 percent. Commissioner Plummer: No, because you're coming one from our sources and the other... I think you need establish a revenue fund. Ms. Kearson: Segregate. You should segregate those funds. Vice Mayor Regalado: Well... Ms. Kearson: But I think it can be done. Commissioner Gort: Move it. Mayor Carollo: There is a motion, there is a second. Mr. Weeks: Mr. Mayor. Mayor Carollo: Yes. Mr. Weeks: If you could also amend that motion to provide for the 20 percent administrative cost from the program income, on the collection efforts? Commissioner Plummer: We'll think about that. Mr. Waters: We. We have... Mayor Carollo: Well, that has to go along with some of the commitments that we've made to the Oversight Board. Commissioner Gort: So moved. Commissioner Plummer: Anything above... Commissioner Gort: Move it. Mayor Carollo: Is that why you're asking that? Mr. Waters: Yes. What... Commissioner Plummer: Anything above ten percent is going to be on incentive. Mayor Carollo: Yeah, OK. We will amend that to say that. Mr. Waters. Mr. Waters: Yes, Mr. Mayor also and I believe we've taken care of the public service category. There was a discussion relating to the housing, the CDCs under the housing categories, and if I understood it correctly, we were suggesting funding those agencies who are currently not being recommended. If it's the pleasure of the Commission, what staff would attempt to do, would be 32 March 20, 1997 to recommend funding those agencies that we did not recommend under this current program but placed them under probation for a one year term in order to satisfy the Commission's purview. Commissioner Plummer: Well, excuse me. I asked you to look in yesterday, I had a concern. Wait a minute, I think the Mayor wants to finish one segment first. Commissioner Gort: Let's finish social services first. Commissioner Plummer: Is that correct, Mr. Mayor? Commissioner Gort: Yeah, let's finish social services. Mayor Carollo: Yeah, we're in social services only. Commissioner Plummer: Well, OK. He was in... Mayor Carollo: We're in social services only. Commissioner Plummer: Fine. So we'll wait. Mayor Carollo: Any further discussion on that last motion that was made? Commissioner Plummer: No, sir. Mayor Carollo: OK. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. The following motion was introduced by Vice Mayor Regalado, who moved its adoption: MOTION NO. 97-153 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH A FUND FOR THE PURPOSE OF ACCEPTING DONATIONS FROM THE PRIVATE SECTOR IN CONNECTION WITH SOCIAL PROGRAMS; FURTHER DIRECTING THAT 20 PERCENT BE CHARGED FOR ADMINISTRATIVE COSTS IN FURTHERANCE OF SAID FUND. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Any further discussion right now from the Commission on social service before I? 33 March 20, 1997 L Mr. Irby McKnight: Yes, sir. Mayor Carollo: Hold, from the Commission. We'll go right over there in a minute. Mr. McKnight: OK. Commissioner Plummer: No, sir. Mayor Carollo: OK, hearing none, all right, go ahead. Mr. McKnight: Mr. name is Irby McKnight, I am the chairperson of the Citywide CD (Community Development) Board. I'd like to call to your attention on these youth programs, how you didn't find any of them in Model City at all. You talk about a hot late summer. But think about a hot early summer. These people, I've worked, I volunteer with that group. There's 3,000 children in this program. They didn't get any funds last year either than what Dade County... Vice Mayor Regalado: Sir, excuse me. Are you saying that what I'm saying about the possibility, not the possibility, the reality that several thousands elderly Latin persons will not be able to eat at all because they will not get their checks because they're not American citizens? Is that what you mean contrary to the funding of? Mr. McKnight: No, I mean just like you found money for the Boys Club in West Grove, let's find some for the Liberty City Optimist Club. If they're very... Vice Mayor Regalado: Let me ask you, let me ask you this. Let me ask you this. Commissioner Plummer: We did, we did. Mr. McKnight: No, you didn't. Vice Mayor Regalado: Do you think it's not a problem, a social problem. Because you know, there is not going any hot summer when some Latin elderly people will die of hunger. Mayor Carollo: Commissioner, if I may and I must interrupt you, I apologize. We're talking much more beyond the Hispanic community. This is going to have a major impact on the Haitian -American community. [APPLAUSE] Vice Mayor Regalado: Absolutely, absolutely. Mayor Carollo: A major impact. And... Vice Mayor Regalado: What I am saying is, what I am saying is, non -American citizens having nothing to eat because they will not be able to get any kind of help, no food stamps, no SSI (Social Security Income), check no Medicaid, nothing. This is nothing compared to some sports program that's great but, we're talking here of, I am sure, I'm sure several thousand Haitians and more than 20,000 Latin elderly people being impacted right away. Unless a miracle happens and in the Congress in Washington miracles do not happen. So, what you're going to have, Irby, is that lady in the back Miriam Urra, she has a center, in her center about 50 to 60 people will be without any aid at all, coming late summer. In Little Havana Activity Center it will be more than 100. In the Haitian community I'm sure, I'm sure that there will he three to four to 500 people impacted. And this is not, I mean, this is not that they are going to have a need, this is not, well yeah thousands. Several... 34 March 20, 1997 L F Mr. McKnight: But sir, you can't use according to the HUD (Housing and Urban Development) guidelines. We can't use Community Development Block Grant funds... Vice Mayor Regalado: Yes, we can. Mr. McKnight: ... to assist the Social Security Act. Vice Mayor Regalado: Yes, we can. Mr. McKnight: No we can't. Vice Mayor Regalado: Well, unless you know something that HUD doesn't know because they answered when the staff... Mr. McKnight: The staff didn't ask HUD that, but I did. They didn't ask them that sir. Commissioner Plummer: Yeah, but Irby... Vice Mayor Regalado: Yes, they did. Mr. McKnight: Check again, please. Commissioner Plummer: Irby let's play fair, OK. No, no let me... I listened to you... Mr. McKnight: I am, you think it's fair that kids of Liberty City don't get a dime, that's fair? Then I don't want to be... Commissioner Plummer: Irby, I listened to you. Mr. McKnight: Uh-huh. Commissioner Plummer: OK. Now let's remember your right in this fund. Let's remember the amount of money that goes to Tacolcy. Mr. McKnight: They're not getting any here for the youth program sir. Commissioner Plummer: That's my... Woo, now. Wait, wait, wait. It how much you get in the end -run. Tacolcy gets what? Near half a million dollars for programs in Tacolcy Center and you stand there and want to argue with me for another Black program in West Grove that I'm fighting like crazy to keep twenty thousand dollars ($20,000) for. Mr. McKnight: I didn't ask you not to give it to them. But I asked you to put the same emergency. Commissioner Plummer: Woo, woo, woo. I listened to you. I listened to you without interrupting, I'd ask the same privilege. Now, West Coconut Grove doesn't get another dime from the City or any other monies for programs, total. But I think you have to be fair when I say that through Tacolcy, they're getting I don't know how much exactly but I'll bet you it's close to three hundred four hundred thousand dollars ($400,000). Mr. McKnight: Have the staff tell you exactly how much, sir. We all would like to know. Commissioner Plummer: Huh, Oh, I will... Between the rent, the programs and we just spend what, two, three hundred thousand dollars ($300,000) on upgrading a roof, the air-conditioning? 35 March 20, 1997 Mr. Waters: Yes, we have, Commissioner Plummer. Commissioner Plummer: I bet it's a half a million dollars without question. Mr. Waters: And we're... Over the years. Mr. McKnight:: I think that's capital improvement... Mr. Waters: Excuse me? Mr. McKnight: ... under this grant, I don't think that's social service. A roof is not social service. Mr. Waters: It's capital improvement. Commissioner Plummer: You still, you still got the money. That's what I'm trying to say. So don't... I think what I'm finding irritating to me is the fact that you got in the Model City a half a million dollars and for West Grove, I've got 20. And you're saying well, it came from a different pot. The bottom line is, you got it. And that's what's important, you got it. My mother always used to say whatever ends well is well. Mr. McKnight: This won't end well, sir. There is no activity for the children. What good is a roof with no one under it. Commissioner Plummer: Then come before this Commission and tell us on Tacolcy. Tacolcy, am I right? Mr. Waters: Tacolcy. Commissioner Plummer: Tacolcy. Mr. Waters: Tacolcy. Commissioner Plummer: That take the money and don't give it to them for the operation... Mr. McKnight: I don't... Commissioner Plummer: ... and the administration and let's put it in the programs for the kids. Mr. McKnight: I don't think it should be one or the other. Commissioner Plummer: You'll not find any fight from me. Mr. McKnight: I would like to hear the staff amount on the dollars for the social program for Tacolcy. Commissioner Plummer: There is none. Mr. McKnight: Thank you. Commissioner Plummer: That's right. And how much of Community Development money, Mr. Staff, or other monies are going in to West Grove for the programs of their kids? Zero. One is getting a half a million and the other one is getting twenty thousand. 36 March 20, 1997 L Commissioner Gort: Mr. Mayor, Mr. Mayor. Mayor Carollo: If I may ask so that we could try to proceed with this in an orderly fashion. Whoever would like to address the Commission, we're going to give two minute to. We'll start fresh. You get two minutes Irby and then everyone else will get two minutes. Otherwise, we might not ever end here. If I may? Now, let's hear from Commissioner Gort. We'll come back to you in a second. Thank you. Commissioner Gort: Mr. Mayor, I would like for staff if possible to provide this information, to provide it to me. I requested all the funding that has been allocated throughout the years. At the same time, the funding that is being allocated this year, according to what I am looking at, it looks pretty even in percentages. So, I'd like for you, if possible, make sure everyone interested gets a copy of this later on, of the allocations that are being... Mr. Waters: Yes sir, we can. Commissioner Gort: OK. Mayor Carollo: OK, Irby go ahead. Could you put the clock on, Mr. Clerk, and it will be up to you to notify them when their time is up. Mr. McKnight: The social service programs in the Black community must be funded, and they must be funded from this grant. Because it's after all, those communities that you used the demographics 4o get these dollars. And if you can in good conscience do that and ignore the problem, then there is something wrong with what is a good conscience. If you can really do that and sleep tonight, then may God bless you. Mayor Carollo: OK, thank you, Irby. Hold on for a minute. Mr. Waters, you're the one that has been working the most from the City staff on this, since it's your main responsibility. You're the one that has come to the Commission and has made the recommendations to us, I want you to be the one that answers Mr. McKnight. Mr. Waters: Mr. Mac... Mayor Carollo: Irby. Mr. Waters: Irby. Mayor Carollo: Yes. He made a statement. Mr. Waters: I don't have... Mayor Carollo: I want you to answer it. Mr. Waters: I am sorry, I wasn't listening to the statement. Would you please repeat it? Mayor Carollo: Well, then you better listen. You better listen. Irby, why don't you go over there and explain to him... Mr. McKnight: Mr. Mayor, thank you, thank you so much, sir. Mayor Carollo: ... what you just said? 37 March 20, 1997 Mr. McKnight: But this is not Mr. Waters doing. He did not ignore our community, he's a product of it. He knows what these recreation programs do. I don't have to explain that to him... Mayor Carollo: He... Mr. McKnight: He knows. Mayor Carollo: He is the one that's been giving this Commission his recommendations on how to go about this. And this is why I want him to be the one that answers your questions and the statements that my colleagues on the left have said. Mr. McKnight: Well, during the hiring process he's who you selected. Mayor Carollo: Well, Irby, that is correct that the City Manager has selected him but that is his responsibility and if he is not doing what he is supposed to, I certainly would like to see it. Now, we've hired him for that and I'd like for you to address these statements that Mr. McKnight has said. Mr. Waters: All I ask is, I need to have him repeat what the statement was, and then I will... Mayor Carollo: Mr. Clerk, Mr. McKnight has sat down for now, can you give him an overview what Mr. McKnight has stated? Mr. Walter J. Foeman (City Clerk): Well, Mr. Mayor, I wasn't... I don't record verbatim notes on.... Mayor Carollo: Well... Fred, can you help us out since our staff seems to be, you know, listening to other things than what they're supposed to? Irby. Mr. McKnight: Sir, I think this is fine example of how the City view the African -American Community. Mayor Carollo: Well, that's... Mr. McKnight. This is the example. Mayor Carollo: That's not so, Irby. That is not so. This is why we're trying to get to the bottom of it, and I'm asking him to answer that. Can you explain to him what you said before in 30 seconds? That's the time you took to say it. Mr. McKnight: Yes, that the only program in Liberty City requesting social service dollars for youth was the Liberty City Optimist Club. They didn't get a dime, why? And Youth of America, who also didn't get a dime. But, he's here to speak. There wasn't... Mr. Johnson is working today from the Optimist Club. Optimist does not have staff. We who run it are volunteers. So I didn't think he should miss a day's work to be here to get nothing because he needs what he earns today to buy uniform for a child this summer. Mr. Waters: In response to his concern, the staff, Mr. Mayor and Commissioners regarding the Liberty City Optimist Club, no new projects as I mentioned earlier was recommended by staff and that is the reason behind it. Again, the City of Miami would be a recipient of approximately thirteen point one million dollars ($13,100,000). We had thirty-eight million dollars ($38,000,000) worth of requests for funding and therefore, we again looked at those existing programs, made recommendations thereto and that is what is before the Commission today. 38 March 20, 1997 Lin F Mayor Carollo: We have less than one third of the dollars that have been requested from us to give. Commissioner Gort: Mr. Mayor. Mayor Carollo: That's what you're saying. But I... Mr. Waters: Correct. Commissioner Gort: I also would like to make this statement, we... Mayor Carollo: But I'd like for him to go further than that. How much of these dollars here are going into Liberty City? I mean, can you try to give us a breakdown? Mr. Waters: I will give you... Yes. Yes, sir. Under the Model City CD targeted area in the category of public services and social programs, seventy thousand; under Economic Development, one hundred and seventy-one thousand eight seventy five; under Housing, four hundred and nineteen thousand three seventy-five. Under Public Facilities two hundred and eighty-nine thousand two seventeen. Under the administration spread across, all eight CD target areas is approximately two hundred and ninety-one thousand two forty-two. Bringing a total for this year's recommendations to one million two hundred and forty-two five hundred and three dollars ($1,242,503) which is approximately nine percent of the total allocation as it relates to the thirteen point one million. Commissioner Gort: How about Overtown? Commissioner Plummer: He said Liberty City. Mr. Waters: I am sorry. Mr. Waters: Under the CD target area Overtown, again Public Services and Social Programs eighty-eight thousand two hundred and ninety-nine; Economic Development, one hundred and seventy-one thousand eight seventy-five; under Housing seven hundred and ninety-four thousand three seventy-five; under Public Facilities and Improvements two seventy-one four seventeen and again the administration which is broken down throughout across the board two hundred and ninety-one thousand two forty-five bringing our total of one million six hundred seventeen thousand two eleven which gives us approximately 12.3 percent of the grant being expended or recommended for the Overtown community. Commissioner Gort: Mr. Mayor. Mayor Carollo: And out of the one hundred and sixty-seven thousand that we have left over that we could allocate now that we went over the monies, I believe that all of it with the exception of eighteen or seventeen thousand dollars, has been suggested that it would go to African -American organizations including a good chunk of that to Haitian -American organizations. So, I just want to put on record what we're trying to do. We're not perfect. We have so much work on us that it is impossible to be perfect. And especially when we have less than one third of the dollars of what's been requested of us, but we are trying. Commissioner Gort: Mr. Mayor, I also want to remind you that we made a motion with these programs that's for recreation for kids, that were not funded here, Mr. Waters to sit with the Chief of Police and find ways to fund it through those funds they have there. 39 March 20, 1997 L Mr. McKnight: I understand that sir. Commissioner Gort: OK. Mr. McKnight: I also heard his response that he did that last year, and got no dollars. Commissioner Gort: Well, that was last year, this is a different year. Mr. McKnight: Same people. Reverend Nevin has a question, he... Mayor Carollo: Yes, Reverend Nevin. Rev. Henry Nevin: Mr. Mayor, I am Henry Nevin, pastor of St. John's Baptist Church working for St. John's Community Development Corporation. I heard Mr. Waters said all that money coming to Overtown. Could he name the people who are getting that money? And I see here for the Southeast Overtown Community, four hundred and fifty thousand, do you say that for Overtown too? Mr. Waters: In response to that question, Reverend Nevin. The CRA (Community Redevelopment Agency), which is an arm of the City of Miami is an agency that's responsible for implementing the Southeast Overtown Parkwest Redevelopment area including the Omni Redevelopment area that staff is recommending the funds that you see approximately four hundred thousand dollars ($400,000) for the implementation of those projects. Mr. Nevin: That's included... Is St. John's Community Development included in that? Mr. Waters: Ask. the question again Reverend, please? Mr. Nevin: Is... Mayor Carollo: We're only in social services right now. Mr. Nevin: Oh, social. OK. Mayor Carollo: Only social services. Mr. McKnight: But those dollar amounts were not social services, they were the entire grant. Mr. Nevin: Yes. Mr. McKnight: It was City staff money, salary monies and all. What we want is to say, we want the director to say Overtown gets five thousand dollars ($5,000) for social services because that's what they got year before last. Mayor Carollo: Mr. Waters. Mr. Nevin: And we're not getting all these things. Mr. Waters: No, from the CD... Mr. Nevin: We do not get anything for Overtown. Mr. Waters: Again, for the Overtown Community under the category of Public Services and Social Programs, the Overtown communities allocation recommendations from the staff is approximately eighty-eight thousand two ninety-nine. 40 March 20, 1997 L F Mr. McKnight: That's the dollar amount. Mayor Carollo: Well, you got JESCA (James E. Scott Community Association) for instance, that is being given ninety-one thousand four hundred, right? Mr. Waters: Yes, sir that's in... Mayor Carollo: OK. You have the Haitian -American Civil Association, sixty-five thousand seven hundred. HACAD (Haitian -American Community Association of Dade, Inc.) sixty thousand five hundred. Mr. Waters: No, sixty, sixty thousand Mr. Mayor. Mayor Carollo: Sixty -thousand five hundred is what I have here. You have different parks programs that we have in the City. The Notre Dame Child Care is nineteen thousand seventy. Mr. Waters: Also, Mr. Mayor if I may say? Some of the agencies who may be located in other parts of the City also provide Citywide services throughout the entire eight City target areas. As an example, JESCA of which you just named... Mayor Carollo: Yeah. Commissioner Hernandez: Yeah. Mr. Waters: .. they are a Citywide agency providing those services in all eight City target areas. Mayor Carollo: Then you got Little Haiti Housing twenty-three thousand plus dollars. The Overtown Community Optimist Club, thirty-four thousand five fifty. St. Agnes Rainbow Village Development, twenty-three thousand two seventy-five. St. Albans Day Nursery twenty-six thousand plus. We said for St. John's Tot Center, eighteen thousand. The Carver branch of the YMCA, ten thousand. Haitian -American Foundation, fifty; Greater Bethel forty; Notre Dame Childcare, another ten and of course for the Grove, West Grove, twenty-one thousand. Mr. Waters: So that total amount again, repeating what we stated earlier Mr. Mayor comes to approximately one hundred and sixty-seven thousand, on that part of those new programs that are being funded, recommended for funding in this allocation. Mayor Carollo: The total request that we had in social services was six million six hundred and thirty-nine thousand plus. Is that correct? Mr. Waters: Yes, it is, sir. Mayor Carollo: We had less than one third also to deal with these requests. Mr. Waters: Yes, sir, the total request again, thirty eight million dollars ($38,000,000), we only received thirteen. Mayor Carollo: See, Irby, in years past, and this is what bothers me. Before I've been back to the Commission, what I've found is, for instance some of our agencies in the City of Miami, instead of spending the dollars in Liberty City, in Overtown in the rest of our communities, you know where a lot of our money went to? Mr. McKnight: Yes, we do, sir. 41 March 20, 1997 Mayor Carollo: To the Optimist Club way down in Perrine. And these are the things that no one talks about. No one talks about back when it was being done, no one said a word. I compliment you for coming here and fighting for what you think is right. And I'm glad we have you here and others that are speaking up. But, we also have to make sure that the kinds of things that happened in the past don't repeat themselves in more than one way, Irby. Mr. McKnight: Will the Optimist get any funds? Not the words on anybody's mouth. Mayor Carollo: Well, I will do everything that I can, Irby to get them some funding. Mr. McKnight: Thank you very much, sir. Mayor Carollo: In fact, I will right today, meet with the Police Chief to see what we could pull from there. I'll go to the Sports Authority, see if there is any money left anywhere, I can't promise you anything. Mr. McKnight: I read in the paper where their budget has been cut lower than a church mouse. Mayor Carollo: Well, excuse me. What's been cut has been the budget for salaries that we were giving out. From one million one hundred plus to one hundred and fifty thousand. There were other funds, there are different funds there that that's where we got some nineteen million dollars ($19,000,000) to bring to the City of Miami. You know, you're hearing now some people say that, especially this week, that we didn't have any kind of deficit, that's this is all made up. That you know, we have a surplus. Well, that guy that is saying that, why don't you go and tell him that show you the proof. And then, I'll be glad to demand from the City of Miami to give the Sports Authority back its nineteen million dollars if there was no deficit. And then we could finance this whole program from the Sports Authority. Tell him to give you the proof on that, OK. But, as it stands now I don't know what we might have there. There might be a little bit from somewhere. I have to sit down with the attorney and executive director to see what could be found, if there is anything. But I will sit with the Police Chief today, and I feel comfortable that he could do something there, Irby, but we need to start working way ahead of time for future budgets so that we could get the process going in the right way early on. And I will be happy to do that with you and others. Mr. McKnight: Thank you very much, sir. And sir, we have nothing but praise for Mr. Waters. He has assisted us tremendously. His department has provided the statistic information that we use to compile our shortages. And yes, sir, we do believe there was a deficit and more than financially too. Thank you. Mayor Carollo: All right, I read you loud and clear, Irby. I read you loud and clear. Fred, go ahead. Name and address. Mr. Fred St. Amand: Yes, Fred St. Amand, elected C.D. board member. Mr. Mayor and members of the Commission, I hear a lot of big figures there. And I would like to ask Mr. Waters what Little Haiti is getting? And just remember, we are the second biggest, largest ethnic group and I agree with you. When summer comes, you have the federal government put their own law. Well, immigrants are going to be hurt, regardless where you're from, Haitians or Cubans. If you are not a United States Citizen, you are not going to get any help whatsoever. I am really worried. There is already a big increase in crime in our community and then also, I mean, it is going to be hard some. We are talking who cannot eat, people who are not criminals but who are going to be forced to go out there and commit crimes. You take for example, I heard a lot of big figures. We are not talking about, you know, sports clubs. And then I come here often and I know Commissioner Plummer specially, always worries about people who 42 March 20, 1997 IN cannot eat. But we in Little Haiti, not only we cannot eat, we are starving. You take one of our agencies for example, up to this morning we, the business people had to give them money in order for them to go rent a truck to get some food from some employers. And this is one agency here that has not been funded. All they're asking, was not a lot of money, fifty thousand dollars ($50,000). What did you give them? Zip. You have the Haitian Foundation, it's only now I heard, you know, the foundation is only going to get fifty thousand dollars ($50,000). You have HACAD, which is probably one of the biggest social agencies we have, you cut their allocation. What are we getting? I mean if you look on social services, Mr. Mayor, and members of the Commission, number 34, Haitian Community Center, you're talking about a center that is providing food for the people, give them job training, you know, helping. They can't even pay the light bill right now. And we're talking... I didn't come here to fight, to... you know, to go out and say what this one is getting. But when we compare, when you compare what, what... I mean, you know, everybody else is having to us, I mean God, we are not even getting the crop of the... you know, nothing. So, open your eyes because remember the Haitian community is on the rise, we are taking notice. One of the reasons why that me, as a businessman, I have decided to make a difference because in the past when we come here all I used to hear, oh, you Haitians do not come here, but we're here now. And we've formed under my leadership, we have formed a coalition of Haitian -American agencies. We are going to make sure when we come to you, no services have been duplicated. We are going to come here fine, but for right now, the people need food, we need help. And with the new laws that is going to come, and you got to know it's a reality. The immigrants are going to he hit hard. Come summer believe you me. I mean, you know, it's going to be... So I would really ask you to really consider number 34 right now, because they are desperate. They can't pay their rent and you go on 54th Street where that center is located there is a line. We are giving them food, food that we, you know, other employers are donating to them. We have to do something. And then also I would like you to see something. It is so unfair, number 12, Notre Dame of Haiti, over 200 kids. Compare our agency to others. Look what they're receiving, nineteen thousand, I mean, nineteen thousand dollars ($19,000) for Christ's sake. Compare that to others. We are not asking you things for fun or you know, summer thing whatever. But, just... Mayor Carollo: Yeah, there's another ten thousand we added to that, Fred, it's twenty-nine thousand seventy to Notre Dame Childcare. Mr. Waters: Yes. Mr. St. Amand: Mr. Mayor, I think it's emergency on number 34. 1 would ask you at least half of that fund, at least half of the fifty thousand dollars ($50,000). If you would do that it would help them. Just this morning we had to donate fund for them to go rent a U-haul truck to go and pick up food and other... And then, I want you to know something also, Mr. Mayor. I don't come here just to talk about the agencies. I have come up with something where all the agencies in Little Haiti, they are going to be audited by me, by me and my staff. I'm not going to come here and accept corruption from anybody. So, I have worked with Mr. Waters, but frankly speaking I'm not satisfied. I know he is doing his very best but we have to be heard. Our community is growing rapidly and we are getting less, and less and less. Mayor Carollo: Fred, I'm glad to see that you've taken this initiative to take the bull by the horns and get involved. That makes me feel a heck of a lot better because you need to get everybody in the same track working together. But, let me explain something to you on 34, the Haitian Community Center. You were talking about food, other things, but the request they've made was for sewing machine training. See, and this is what we and Mr. Waters had to make the decision on, based on what they asked for here. If they had put in applications asking for different expenditures of those dollars, he might have been able to look at it differently but, the request was for sewing machine training. And... 43 March 20, 1997 Mr. St. Amand: This is... Mayor Carollo: I understand what you're saying but... Mr. St. Amand: This is part of what they are doing because you know, we also believe in job placement, Mr. Mayor. We don't want to be on welfare. You have to train these people. You have hundreds of Haitians who came here who didn't know how to read. But all you hear it's, you know, are things that went bad. But now you don't hear the positive things. Those same refugees who couldn't read and write but thanks to most of those agencies now they are able to do so, they are homeowners, they are not on welfare rolls. Mayor Carollo: Well, I know that Fred, the Haitian community has been a very positive addition to the City of Miami, and we see that every day. So, you know, you're preaching to the choir here, we know that. Mr. St. Amand: I know that, Mr. Mayor. I know the... Mayor Carollo: I mean, you've been to my home in the past and we talked about that there, so... Commissioner Plummer: Can I ask a question? Mr. St. Amand: Yes, yes, Commissioner. Commissioner Plummer: Is 34, an organization called HOWA, H-O-W-A? Mr. St. Amand: Not as far as I know,. Mister... Commissioner Plummer: Because they applied to the consortium for training of people on sewing machines and we were ready to give the money to them and we had to deny it based on the fact that they could not produce an audit and we're waiting for them to try and come up with an audit. And I'm just wondering if this is the same program. And that's what 33 speaks to which is a... Mayor Carollo: Thirty-four. Commissioner Hernandez: Thirty-four. Mayor Carollo: Thirty-four. Commissioner Plummer: I am sorry 34 speaks to the training program. Mr. St. Amand: As far as I know, I am not aware of that. But I think we do have a representative of the Haitian Community Center there. But all I know, I have personally seen the kind of work they are doing. They are providing food to the people and then you go right now and should see lines. And sometimes, they have to come to us, you know, the business people in order to help them. And then I think it's fair, that you know regardless, and then I can promise you in the future that I will review that because since I was just elected, before any demand is presented to you I am going to make sure that, you know, I review them personally so that when I come here I would be 100 percent aware of everything. I have not even been confirmed by you guys, which is sometime this afternoon I have to come back here. But, you have to understand right now we are desperate, and then we need some help for this particular agency. Commissioner Plummer: Sir, let me highly recommend to you two things. Number one, in the WAGESS Board. The WAGESS Board will have almost one hundred million dollars for 44 March 20, 1997 L y training people who are unemployed for jobs. That's number one, and if you don't make an immediate application to that organization you'll not be considered. Number two, I sit as this City's representative on the South Florida Training and Employment Council. We have monies there for just this kind of thing of training. If you have an agency that has experience or knows how to do auditing and monitoring, I strongly suggest you make an application. Mayor Carollo: Yeah, but J.L., not only do we need ideas but on this one, I think that it would be well representative of the Commission if you, that you are a representative of the WAGESS Board. If you can meet with Fred and some of the representatives from the Haitian -American community and explain to them what they have to do, where they have to go, how to go about it, so that they could be made aware also... Commissioner Plummer: Absolutely, absolutely. And I'll go back and find out how many other, if other programs exist in Little Haiti so that we can bring that to you also. Mr. St. Amand: But for right now, Commissioner, Mr. Mayor, what do we do? Because we have starving people and then I have asked the question what... Commissioner Plummer: Well, from what I am understanding, you want us to split the 50 into two 25s, is that correct? Mr. St. Amand: Yes. Commissioner Plummer: That's a request from the community, I would assume I have no objection to it. Commissioner Hernandez: About how many people participate in the community center? Mr. St. Amand: Pardon, Commissioner. Commissioner Hernandez: How many people participate in the community center? Mr. St. Amand: Oh, we have... where is the representative of the Haitian -American... This is the reverend... Mayor Carollo: You're talking about the 50 for the Haitian -American Foundation... Mr. St. Amand: Right. Mayor Carollo: ... to split into two 25s? Commissioner Plummer: That's what I understand, yeah. Mr. Mayor, are we going to be, I think, saying to the people that this is last item that we're going to hear before lunch? Mayor Carollo: Well... Commissioner Plummer: I think it's absolutely, it will take us untill noon. Mayor Carollo: Well, that's a certain. The... Commissioner Plummer: So anybody that has an item beyond number two, come back at two o'clock. Mayor Carollo: See, the request for Notre Dame Childcare Center... 45 March 20, 1997 Commissioner Plummer: Two thirty is tine with me. Mr. Waters: Mr. Plummer, Commissioner Plummer, two and three are companions. So if. Commissioner Plummer: What? Commissioner Gort: Two and three are companion. Mr. Waters: Item two and three are companions. Commissioner Plummer: Oh I'm sorry. all right.. What I'm talking about, this particular area. Mr. St. Amand: If I may go ahead and tell you. Commissioner Plummer: Because we haven't even started even on Housing, Economic Development or any of that. I don't know if we can get to that by noon. Mr. St. Amand: We feed at least 150 people a day in this particular center. Because just remember with all the cuts, I mean, you know, with all the other agencies being deprived of funds like, you know, HACAD and HAFI (Haitian American Foundation Inc.) and all the other things which you know, I asked Mr. Waters a question, what Little Haiti is receiving now? Mr. Waters: Oh, I have had a chance to respond to that. Mr. St. Amand: Oh, you haven't had a chance. I am sure of that, but I would like the members of the Commission... Ladies and gentlemen in this chart population based on 1990 census data collected from the City of Miami, Little Haiti, the second largest ethnic group in this County, is the seventh out of eight target areas as far as funding is concerned. If something is not wrong there, Mr. Waters, I am stupid. We are the largest ethnic group and we receiving less than everybody else, we are one to last. I mean, we are before the last one as far as fund receiving. God, for Christ sake, open your eyes and see, I mean, you know this is it. I didn't make those, those are based on your own data. Something is wrong. Yes, I can understand that, our community has not been represented in the past. But, we are being represented now and... Mayor Carollo: Mr. Waters, can you answer him, please? Mr. Waters: Yes, under the CD target area which is the defined as Edison Little River which includes also the Haitian community. Number 12, which is Notre Dame Childcare --nineteen thousand seventy dollars ($19,070). HACAD, these are staff recommendations, sixty thousand five hundred, the Haitian -American Civic Association, sixty-five thousand seven hundred. The Little Haiti Housing Development Corporation twenty-three thousand two seventy-five, Miami Jewish Home Hospital for the Aged, thirty thousand two fifty. There are other agencies, Action Community Center which provides Citywide Services and they do transport the elderly and the handicapped, eight thousand five hundred and sixty-one. Mr. St. Amand: That's the County. Yeah, but this is the County, Mr. Waters. Mr. Waters: Excuse me, let me... May I finish? Alternative Programs are again broken down. It's a Citywide agency in the percentage of services that they provide in that community. The dollar amount :is five thousand four hundred. ASPIRA, twelve thousand nine fifty-four. Association for the Development of the Exceptional, seventeen forty-six. The City of Miami Parks Department sixteen thousand six seventy-five. The City of Miami Parks Department again, nine thousand sixty-three dollars ($9,063). The Credit, I'm sorry. JESCA (James E. Scott Community Association) nine thousand three... 46 March 20, 1997 F Mr. St. Amand: JESCA. Mr. Waters: ... twenty-three and the Little Havana... Mr. St. Amand: Little Havana. Mr. Waters: ... Activity and Nutrition Center, fifty-two thousand seven seventy-nine. The total amount for the Edison Little River targeted area in the category of public services and social programs is three hundred fifteen thousand two ninety-six. Mr. St. Amand: Yeah, but what are we receiving Mr. Waters? You talk about Little Havana, you talk about JESCA, you talk about... those things don't come to Little Haiti and I can't understand. In the past we have had people who have come before this City Commission, and says that they are representing Haitians, and they don't represent, I mean they haven't provided one type of service to Little Haiti. Those are the things that yours truly, yours truly is fighting very hard right now because those things are not going to be permitted any more. You know, figures that you are giving me now, not one penny as far as I can hear from some of those agencies, you know do not come to our community. Mr. Waters: Let me repeat again HACAD. Mayor Carollo: Plus ten. Notre Dame Childcare nineteen thousand seventy dollars. Mr. Waters: Plus ten sir, I stand corrected, which is a total of twenty-nine thousand seventy dollars ($29,070). HACAD, sixty thousand five hundred, The Haitian -American Civic Association, sixty-five thousand seven hundred. Little Haiti Housing, twenty-three thousand two seventy-five and again Miami Jewish Home thirty thousand two fifty. The last would be the Haitian -American Foundation fifty thousand based on the... Mr. St. Amand: What Miami Jewish Home has to do with us Mr. Waters? Mr. Waters: Well, let me... Maybe you, it is a possibility that one does not fully understand what the targeted area is. The targeted area is defined as the Edison Little River C.D. target area. One of eight, of which within that area you have Haitian -Americans, you have African -Americans. You have other ethnic groups that reside within that C.D. target area and the program and the recommendations that the staff has made, centers on trying to accommodate based on our allocation the needs of that community trying to satisfy all of those ethnic categories, or satisfy all of those needs. Again, we received thirty-eight million dollars ($38,000,000) worth of requests. We only get thirteen million dollars ($13,000,000). It is a difficult task. We worked very, very closely with the Citywide Advisory Board to try to come to some sort of recommendations for it. And so, this morning again, staff is making its recommendations before this City Commission regarding the allocation of our program. Mr. St. Amand: But, you know with all due respect due to you Mr. Waters, but everything you said comes to the same thing. OK, our community for social services is receiving less than three hundred grand and far as public facilities and improvement and things like that are concerned, zip, nothing. OK, so and now... Before I leave, Mr. Mayor, I would like to know what are we going to do for this center, which is desperate, which is in desperate need because I do not have the money out of my pocket to help feed those Haitians on 54th Street. Mayor Carollo: Yeah, but see Fred, the problem that I am seeing is, that if we... What we have before us is a request, not for food... 47 March 20, 1997 Mr. Waters: Right. Mayor Carollo: ... it's a request for sewing machine training. That's, you know... Mr. Waters: That's different. Mayor Carollo: ... If we allocated any money there in making the split like he says, it could only be used for sewing machine training, correct? Mr. Waters: That was the proposal that was submitted Mr. Mayor, yes. Mayor Carollo: Yeah, and that's the concern, you know, that we have. You know, you're telling, you're asking for food for upkeep of the center but what we were asked for is the only thing that we can base our decision on, is sewing machine training. Mr. St. Amand: Mr. Mayor, I would ask that twenty-five thousand dollars ($25,000) be given to HACAD in addition, which they can refer all those recipients to HACAD. Commissioner Plummer: What is HACAD going to us it for? Mayor Carollo: Well, within the sewing machine training, that request... Mr. St. Amand: When the people come there not only they receive training but they also provide them with food. They give them all kind of training and assistance and everything else. Mayor Carollo: Well... Commissioner Gort: Mr. Mayor, let me ask you a question. Mayor Carollo: Go ahead. Commissioner Gort: My understanding is, Edison Little River is considered the Little Haiti portion of it. Mr. Waters: Yes. Commissioner Gort: Now what I am hearing is, we've got a total allocated to that target area of one point seven million dollars ($1,700,000), which is equivalent to 12 percent. Mr. Waters: That's total. Commissioner Gort: Now, what I'm hearing from them, we are allocating the funds from agencies, that they are telling us that they are not receiving services from those agencies and I think that's something we should check into it. Mr. St. Amand: That is correct. Mr. Waters: Mr. Gort, Commissioner Gort, as you may recall, that the Commission requested staff to submit to them a report on how we monitor the various different agencies that receive funding related to our CDBG (Community Development Block Grant) allocations. We've so done that. Those agencies who have received monitoring from us, staff has reviewed the agencies. All of the audits are in, we are making recommendations for funding of those agencies. If a problem occurs... 48 March 20, 1997 L Commissioner Gort: Has that information been given to them, the people that are being served, how many clients are being served and all of that, are they aware of that? Mr. Waters: Well, that information was provided to you. In terms of how many individuals are being serviced and whether or not Mr. Amand knows, I'm not aware of it. But the agency based on his contract with the City is required to provide those services and they have done so in accordance with the policies and procedures. Commissioner Gort: I understand. But I think it would be important, you are a businessman. I think it would be important for you to understand that maybe you think you can provide, one of your agencies can provide better services than is being provided by other agencies. I mean, it's a chance for you to look into that and talk to agencies. Because I know certain agencies move into that area at the request of the County because whoever was there providing the service were not able to do so. So, they took successful agencies and asked them to do it Countywide. That's something that you might need to analyze. Mr. St. Amand: Commissioner, I can guarantee you, you know I have just been, I have just been elected. I can guarantee you not only that we are going to come here well organized, we I mean, under my leadership so far, which is in a very short time, we have already agreed to form... we have formed a coalition. That means all the agencies must go by certain guidelines from us. Before we come here we're going to be organized. OK, but what we're talking about... To really make, you know, a long story short, what I would like the Commission to do is to set so much money aside until we can come back before the Commission the way we did, just for the Haitian community, not for you know, this and that and that. OK, just like Commissioner J.L. Plummer... Commissioner Plummer: Well, that's what we did once before and that's worth consideration. And that is, we set aside "X" number of dollars for that community and let them come back to us and tell us... Mr. St. Amand: I would want that Commissioner, yes. Commissioner Plummer: ... how they would like to see it best spent on behalf of their citizens. Mr. St. Amand: Beautiful. Mayor Carollo: Well, I... Commissioner Gort: But my understanding... Excuse me. Mayor Carollo: Sure, go ahead Commissioner. Commissioner Plummer: We did that before. Commissioner Gort: But my understanding J.L., which is very important. There are agencies providing services Countywide and this is some of the things that we have to look at. But when you look at the total numbers for that area, you talking about 12 percent, one point seven million dollars ($1,700,000). Now, that one point seven million dollars ($1,700,000) is being allocated to other agencies, they don't have their home base there but they're providing services in there. And these are some of the things that we need to look at. Because I know some of those agencies expanded their services because the County asked them to do so, about five years ago. 49 March 20, 1997 Mayor Carollo: I don't mind considering that but what we also have to do is, try to see what other agencies that provide service Citywide are providing any service there on top of it also so we get the whole picture. Commissioner Plummer: That's right. Mr. Waters: Mr. Mayor and members of the Commission, if it's your wish to set aside those dollars, staff would recommend it in the category of public services and social programs as long as those recommendations are brought forth and meet the HUD (Housing and Urban Development) national objectives and also the policies and procedures that's associated in that category, staff would be happy to work with the groups that are coming back. But, that a caveat that we must express to the Commission that it has to fall within that. Coupled with the fact that we are under a time frame to submit our application. Our application is required to be in by April 15th. It, we have... and we've also looked at public comment and review. It could possibly cause a problem for us and that's... I would like to have an opportunity to do that. Commissioner Plummer: Well, from what I see right now, right off the bat in social services, Little Haiti is looking at one hundred and eighty-five thousand. Is that correct? Mr. St. Amand: Yes, yes, Commissioner. Commissioner Plummer: That's what I'm looking at right now. Mr. Waters: What are you looking at Commissioner? Commissioner Plummer: I'm looking at items 28, 30 and 33. Commissioner Gort: Three nineteen. Commissioner Plummer: I'm talking about just social services Willie. Commissioner Gort: Social Services, 319. Commissioner Plummer: Where's the other money coming from? Mr. Waters: No, it's more sir, it's... Mayor Carollo: Well, you got more there. You've got twenty-nine thousand for Notre Dame Childcare. Mr. Waters: Yeah, there's more sir. It's, yeah, 29... Commissioner Plummer: Oh, I'm sorry. I'm sorry. I'm mistaken. Mayor Carollo: You have... Mr. St. Amand: Number 12. Mr. Waters: Twelve, twenty... Mayor Carollo: You have more. On 41, you've got another twenty-three thousand plus, Little Haiti Housing. Mr. Waters: Yes, sir. 50 March 20, 1997 L .. , ) ., ". N. Mayor Carollo: And I don't know what others we might have here. Mr. St. Amand: But contrasting to one agency that received twice the amount, you know... Commissioner Plummer: That's 29. Commissioner Gort: According to the figures that I have here, the total allocation for that and social services is three seventy-one eight thirty-two. Commissioner Plummer: Well, if that's the case, then would we be smart to say to them, here is three hundred and nineteen thousand and come back and tell us how you want to spend it, is that? I mean, I have no problem with that kind of a thing. If they're interested enough to come down here and make their voices known, those people who are not down here shouldn't be really being considered. So I have no problem. You might have a problem from, if you don't allocate money to Notre Dame. Mr. St. Amand: But, how do you expect the second largest ethnic group you have on social services. You want to allocate three hundred thousand dollars ($300,000) to a community that I mean, that is striving so hard. OK, we don't come here for fun, we don't come here to ask you for sacrifice or anything like that. We ask you for you know, social services where, you know... Commissioner Gort: My understanding and staff correct me if I am wrong. Mr. Waters: OK, sir. Commissioner Gort: And this is where there's maybe a misunderstanding. My understanding with the figures that I have here that you're receiving in social services three hundred and seventy-one thousand eight hundred and thirty-two dollars ($371,832). Mr. St. Amand: But... Mr. McKnight: The target area is... Commissioner Gort: The target area. Mr. McKnight: But the ethnic group might not get it down. Commissioner Gort: But this is what we need to... See, this is what we need to, this is what you need to clarify. Mr. St. Amand: Set aside what has been allocated for our community then we are going to come back to you with our own proposal. Mr. Waters: It is just... Mr. McKnight: Mr. Mayor, at the CD board when their presentation was made... Mayor Carollo: Irby... Mr. Knight: The representative here was the last person to come on board. They did not have the opportunity that the other seven target areas really had. He came to our very final meeting. We made the vote that night, ten minutes after he arrived. We decided, the board did, that money should be set aside, and we did discuss this with staff, because the City did not have a 51 March 20, 1997 F personnel. We thought it was unfair for a process that was what, 90, 60 days old and he came in on the 60th and final day. We thought that was highly unfair. So we asked staff to allow the Haitian community to identity the agencies that served them, the projects that they wanted funded. And then, they would come before this Commission as he has said here, and identify to you who these agencies are, what these services that they are requesting is. They had no proposal other than social services. There were none in any other category except housing. And it's not, it's really not too late to do that. They cannot come with proposals again, I understand that, that process is closed. But the proposals that they have in, they need, they really need time to sit down and go over them with staff. Mayor Carollo: Fred, you were asking to see if we could split some money for the community center, what I am going to suggest that we do is, because we could beat this as much as we want to and go around and then we're going to hold up everything completely. And then it's going to be one group after another, there's also going to be very unhappy and we might not even get to the point of issuing any dollars out. What I would suggest is, we give Notre Dame Childcare Center an extra ten thousand, pull that ten thousand out and take fifteen thousand of what we gave to the Haitian -American Foundation and give you the twenty-five thousand half, that you requested, at least half there. That gives you twenty-five thousand. Mr. Waters: For item 34, Mr. Mayor? Mayor Carollo: Yeah, I'm going at... Mr. St. Amand: So, if you can go ahead, can repeat that? So that would be cutting Haitian - American Foundation. Mayor Carollo: I'm saying twenty-five. thousand dollars ($25,000)... Mr. St. Amand: Uh-huh. Mayor Carollo:... that you said to at least give you half of the fifty thousand. Mr. St. Amand: But it would be... You're taking away something from my brother and give it to my sister. Mayor Carollo: Well... Commissioner Hernandez: Yeah. Mayor Carollo: Well, I'm taking ten thousand from Notre Dame Childcare. Mr. St. Amand: Mr. Mayor, if you go and visit that childcare, let me tell you... Mayor Carollo: Well, Fred let me be honest, you know. We shouldn't be getting beaten to a pulp here. Darn it, these individuals are the ones that we pay, that we put on staff. If they're not giving us the recommendations from day one. I mean, I don't want to hear from Irby what a great guy Bert Waters is, you know it's hog wash darn it. You know, they're coming to... You said that before, now they're giving us a recommendation, if you're telling me what they've giving us is wrong then we should know this ahead of time and I don't mind getting, you know, a bulldozer and I am not the City Manager, I don't mind firing people, if I had that option. I don't mind bringing a bulldozer... Mr. St. Amand: Thank you, Mr. Mayor. 52 March 20, 1997 F Mayor Carollo: ... and getting rid of as many people as I can and straightening things out. But you know what bothers me is, that at the end, we're always the bad guys. And we have so much work on us, I hardly get sleep anymore. My own private affairs, my own business, you know, I don't even know what's happening anymore because, you know, all that I do is give my time, all my time, to this City. So, if we have a problem with staff, it's not fair to us either, to hear on it at the end, if you have a coalition, which I commend you for it, because I know you're a serious and honest person, that you're putting together then that's the beginning of what we could do. But you know what I can't have and I told Ringo before, I would do my very best to help him out also. Out of the one sixty-seven that we were told that we had extra, over one-third of it, and I what I suggested and recommended to the Commission, over one-third of it has gone to the Haitian -American community directly. All but seventeen, eighteen thousand I recommended to go to the African -American community as a whole. Now, if staff is recommending that everything else we allocated at the request that was given at the current allocation, it puts us in a bad spot too. And this is what staff recommended. Basically, what we would have to do is stop the whole process, open up everything and then go from neighborhood to neighborhood again. Now, you know, if that's what the will of the Commission is, then let me hear it. Mr. St. Amand: If I may answer what you just said, Mr. Mayor? I am a businessman. Mayor Carollo: I know that, Fred. Mr. St. Amand: And now I have taken the decision to help my community. I am not here to praise or talk good or bad about anybody. All I really want is just like you are elected by the people to do a job, is a fair share. I am telling you that we're not getting nothing, what we are entitled to receive. You're talking about a group of people who... We are contributing. You're not talking about refugees who come to suck. We're giving and I think we should receive that. And I appreciate all your efforts... Mayor Carollo: And we're in agreement with that. Mr. St. Amand: ... and all the time you have given me and then I would appreciate whatever way you fix to give the citizens something but I just would not want you to hurt another of our agencies to cover up to give us something. But just give them something because they are desperate, the people of Little Haiti already are affected. Mayor Carollo: Fred, what I said was taking fifteen thousand from the Haitian -American Foundation that nobody, nobody brought their name up, nobody recommended me. You know why, they only came up with fifty thousand dollars ($50,000)? Because I brought it up, all right. I brought it up, nobody else did anywhere. And what I am trying to do is find the best solution that we can, so at least we can move on. And the one thing we have to do, we can't start this process again in this City, it's just a few months before. We've got to start right away planning for the next year, because what I am seeing is, is that we are going to have to make some major, major changes for future years. And there are organizations that have been receiving a lot of dollars that we are going to have to go and change that around. That's the only way that we're going to be able to come anywhere near in doing what we have to do and there still isn't going to be enough money. Because, as you see now, we have less than one third the dollars from the requests that we have before us. Mr. St. Amand: All I can tell you, from now on we're going to speak as one group. We are going to come before you regardless what I hear from other groups and we're going to continue to work with Mr. Waters, but we are going to scream loud, we're going to make noise just like everybody else. But you guys are going to know what is going on. Mayor Carollo: Well to... for us life will be a lot simpler if each target area would do what you suggested that you are going to be doing. You'll meet, you decide between so much is being 53 March 20, 1997 given for you, how you want it spent. If everyone would do that for us, life would be a lot simpler. Mr. St. Amand: Thank you very much. Commissioner Gort: Mr. Mayor, let me... Fred, before you go let me give you a suggestion. Ask to give you the CDBG projected proposals, your area. Your targeted area is receiving according to this one point seven million dollars ($1,700,000). Maybe some of the agencies that provided the services in there are not doing it. You need to go in there and check and see what they are doing. Mr. St. Amand: Well, we are going to. Commissioner Gort: And see if someone within your community could do it better. I don't know if they can or not, you're a businessman. You will be able to analyze that. Mr. St. Amand: All my... Commissioner Gort: But your allocation is twelve point seven with that target area. So you need to go there and check it. Mr. St. Amand: All the agencies in my area already know now this is not business as usual. They are going to he audited by me and my staff and we're going to know what's going on because I don't think our people are being treated fair. So, we are going to get twenty-five thousand dollars ($25,000). Right, Mr. Mayor? Mayor Carollo: You are going; to get twenty-five thousand, the- Haitian -American, that is if there's two other votes in this Commission for that. That's what I am going to suggest, we split it up. You certainly have my vote. Now, what I am going to be doing to try to keep the Haitian - American Foundation as close to the amount that they've, that we said originally we would give them is reword the amount that that we have so we're going to he going with twenty thousand for the Boys and Girls Club of Miami as we have said before. Ten thousand, thirty thousand and Mr. Bert Waters if you could... I am going to start again so you could write it down. Mr. Waters: I'm writing it sir, go ahead. Mayor Carollo: Twenty thousand... Mr. Waters: You had twenty-one before sir. Mayor Carollo: Yeah, yeah but twenty thousand, round figure for the Boys and Girls Club of Miami. Thirty thousand, Greater Bethel. Forty-six thousand to the Haitian -American Foundation. Mr. Waters: Which category, sir? Mayor Carollo: In the category that we spoke before, 33. Now let's see, I pulled ten, one. Mr. Waters: You mentioned 25, for the Haitian Community Center, sir. Mayor Carollo: Twenty-five. We're going to have to be cutting it right down the line here. There's twenty-five there. 54 March 20, 1997 Commissioner Plummer: I'm sorry. Mayor Carollo: The nine thousand for the Lions Home for the Blind. Eighteen thousand, St. John's Tot Center. Nine thousand, YMCA, Jose Marti branch. That's ten for the Jose Marti, excuse me, the Carver branch. What are we up to? See where else we've got to make a change in. Mr. Waters. Ten. The next one is 57, which is YMCA, Jose Marti. Which is not... It was nine, and is... Mayor Carollo: Was nine. Mr. Waters: OK, is it still nine, sir? Mayor Carollo: That's correct. You've got nine and ten. You have the total amount to see where we have to adjust it some more at? Mr. Waters: I need to add it. That is one sixty-seven, sir. Mayor Carollo: Is it one sixty-seven? Mr. Waters: Yes, sir. Mayor Carollo: That's included in the twenty-five for them? Mr. Waters: Yes, the twenty-five for... let me repeat it. The twenty-five for the Haitian Community Center... Mayor Carollo: Right. Mr. Waters: ... which is item number 34, sewing machine training, twenty-five thousand. Mayor Carollo: Twenty-five thousand. Mr. Waters: Yes, sir. Mayor Carollo: OK, and that comes to one sixty-seven? Mr. Waters: Yes. Mayor Carollo: Let's make sure because we're going to vote on this. I want to make sure that we didn't make a mistake in our addition. Mr. Waters: Yes. Mayor Carollo: OK, and that included how much for the Haitian -American Foundation you calculated, forty-six? Mr. Waters: Yes. Mayor Carollo: OK, all right. Mr. St. Amand: How much is the Haitian Foundation getting? 55 March 20, 1997 Mayor Carollo: From fifty thousand that I originally was recommending, I brought them down to forty-six thousand. And you will have twenty-five thousand which is half of the request. Mr. St. Amand: Thank you very much, Mr. Mayor and also all the members of the Commission. One thing I am going to tell you, I would like you to put some money aside for law enforcement because as you said, this summer is going to be a hard summer and we are going to need all the help that we can get. Commissioner Plummer: And I would like to, not as a Commissioner, meet with you next week, whoever you wish, to get you hooked in with some of this WAGESS money and training money, which is there available. Mr. St. Amand: I'll be there. I will be there, Commissioner. Commissioner Plummer: And Ringo, is very much aware. You just got... have any slots for the summer youth? Mr. Ringo Cayard: From you, fifty, fifty something. Commissioner Plummer: About one hundred and eighty-two thousand dollars ($182,000) for summer youth only for Little Haiti. So that came from the consortium which I sit as a member from this City. Mr. McKnight: Mr. Mayor. You still have a question? The question that Commission Gort suggests that they try to find someone in the community to deliver the service if they are not satisfied. Does that mean you will now fund new organizations? Because ten minutes ago you wouldn't fund anybody new: So it doesn't make sense for them to find somebody. Mayor Carollo: What I am saying, Irby, is simply that we need to bring this process to a head. And all the other target areas frankly, need to do what Fred is doing. Every... Mr. McKnight: Sir, the Overtown target area did that and none of this occurred. Mayor Carollo: Well, yeah, but not all of them have done it. Mr. McKnight: But we did, sir. Mayor Carollo: Not all of them have done it. And we want each target area to speak as one and to come back to us and what this Commission needs to do beforehand is say, OK, so much for here so much for there. You all come back to us and say where it's going to go to. You all will have to decide. This is the way that I would like to do it for the future. Mr. McKnight: And that means new agencies will get funded. Mayor Carollo: Excuse me? Mr. McKnight: Does that mean new agencies will get funded? Mayor Carollo: The way that I see it, if we should have a process where you are going to phase out completely other agencies, they're phased out in a process where you don't pull the rug from them all at once, and you could phase in some new agencies in that process. What you can't do is, in my opinion is keep the old status quo. That has to change. And now there are some agencies that have been around a while. They are going to be around for much longer time but I think if we are going to open up this process to a different way, with a lot of different eyes 56 March 20, 1997 L F looking at it we have to give them leeway. And life, I think would be made a lot simpler for us if we had target areas that would say OK, you gave so much for this target area, this is what is recommended. Where we don't... It's going to save us a lot headaches, a lot of time from having to do it ourselves. Mr. McKnight: Thank you. Mr. St. Amand: OK, thank you very much. Mayor Carollo: Thank you. It is now twelve noon. I apologize. I would stay here longer but I have to go to one meeting that I cannot miss right now. So, we're going to have to... unless the Commissioners that will be left here would like to hear this a lot longer, we are going to have to break. Commissioner Plummer: What time are we going to come back? Commissioner Gort: Let's vote on this one. Commissioner Plummer: Three o'clock? What time? Vice Mayor Regalado: Mr. Mayor, if members of the Commission want to do it we can be here and listen for two minutes to... are standing already... Commissioner Gort: Let's vote on it and get a motion. Vice Mayor Regalado: ... and the Mayor has to go. So, we're coming back at three? Commissioner Plummer: Two minutes for what now? Vice Mayor Regalado: Sorry, for the people that are ready to speak to the Commission on the... Commissioner Plummer: What time are we going to come back? I'll be glad to stay here another half hour but if we're going to come back at three o'clock that's fine, and if we're not, then I've got to run to the office. Vice Mayor Regalado: Three o'clock is fine. Mayor Carollo: Well, three o'clock is tine. Commissioner Plummer: I'll hear just those that are standing there. Mayor Carollo: All right. I apologize, I have to go to a meeting for the City. Vice Mayor Regalado: OK, we... OK, Mariano. Mr. Mariano Cruz: What I am going to say... Commissioner Plummer: Can I, Mr. Mayor, before... Vice Mayor Regalado: Wait, wait, wait. Commissioner Plummer: Mr. Mayor, before you leave. Mr. Mayor, we are looking in April and I'm thinking before you leave that everybody can tentatively look at their schedule that we've got to change meetings for that five year plan. I would like to recommend to you that we have a 57 March 20, 1997 1 meeting on April the 2nd, April the loth and April the 14th, the day before and cancel the meeting of the 24th. I would recommend that to you sir, and we all can look at our calendars. Mayor Carollo: The only thing that I would say on the 10th... Commissioner Plummer: That's already scheduled. Mayor Carollo: That's the tenth anniversary of Bayside that would start at around four in the afternoon, so that would have to be early in the morning if we do that. Commissioner Plummer: Well, that's the regular scheduled meeting anyhow. I'll make a motion subject to each Commissioner's approval that our meetings in April be the 2nd, the loth and the 14th and eliminate 24th. Mayor Carollo: OK, we would come back... The loth is what date? Commissioner Plummer: That's a Thursday. That's our regular Commission meeting. Mayor Carollo: A Thursday, regular Commission meeting. All right. Commissioner Plummer: OK? Mayor Carollo: Maybe we might want to make that meeting on the 10th for the 11th. Commissioner Plummer: That's a problem for me. Mayor Carollo: OK, all right. Well, -just remember that we have, all of us, need to be -in Bayside at four. Commissioner Plummer: We're flexible. Yeah. Commissioner Hernandez: Right. Mayor Carollo: That's something important for the City. Commissioner Plummer: OK, so Mr. Clerk, unless we get an objection from any Commissioner, we're looking at two, ten and fourteen. Vice Mayor Regalado: J.L., how about Planning and Zoning? Commissioner Plummer: That would be incorporated in one of those meetings or it would be put off to the following month. Vice Mayor Regalado: Well. OK, then we're going to hear from a different... Commissioner Plummer: That line just got bigger. Vice Mayor Regalado: No it didn't. I think that we have here five persons, six. Commissioner Plummer: That's the way it is. Vice Mayor Regalado: Six. We will take no more, six. And it would please be two minutes. 58 March 20, 1997 L NOTE FOR THE RECORD: Mayor Carollo left the meeting at 12:06 p.m. Mr. Cruz: OK, Mariano Cruz, 1227 Northwest 26th Street. And I am going to speak... Commissioner Plummer: I would like to make a motion... Vice Mayor Regalado: Wait, wait. Commissioner Plummer: Tentatively making the meeting, without objection of any Commissioner April two, ten and fourteen. Second the Motion. Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer seconded by Commissioner Hernandez. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution and motion were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 97-154 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF APRIL, TO TAKE PLACE ON APRIL 2, 1997; FURTHER :RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF APRIL TO TAKE PLACE ON APRIL 10, 1997. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 97-154.1 A MOTION SCHEDULING A REGULAR COMMISSION MEETING ON APRIL 14, 1997. Upon being seconded by Commissioner Hernandez, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Humberto Hernandez Vice Mayor Regalado NAYS: None. ABSENT: Commissioner Wifredo Gort Mayor Joe Carollo Vice Mayor Regalado: Mariano. Mr. Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street in Allapattah, elected by the community. And this is going to be mostly education of staff or it can be an enlightenment. 59 March 20, 1997 in F Because the people get to call on 444 Southwest 2nd Avenue. They don't drop from the Ivory Towers to the neighborhood. They don't know what's going on in the neighborhood. But, I would like to know, a question that, how much money we got from program income, answer me at the end, when I finish that way you won't interrupt. How much money we have from program income, it's supposed to be two million, two and a half, three million, four million? Because I heard rumors that it's more than two million. That money can be used for all different things. I am going... no, later I am going to talk about the nine hundred thousand for Code Enforcement and the seven hundred and fifty thousand for Code Enforcement and so much money for everything. And then you go to the Market Place and it's a mess there, that market there. Well, that's improper enforcement, it's not done properly. You know, they just go there and clean it. That's not supposed to be done. One thing like in Allapattah on the social programs we give social programs. Remember, we have the second highest tax base of the City, besides downtown with the amount of warehouses we got there, multi -million dollar business and that. And we've got also the highest amount, concentration of public housing in the Dade County. You go to the Three Towers there, I don't know which villas, Wayne Cherry scattered housing sites plus the 202 Hadley Gardens, Callahan Plaza, all that. That was a plus. The people from King Height Towers, they take 17th Avenue bridge, River Drive, they go there and they use service in Allapattah. So to remind the Commission that we need all the money we can get to go into the only social program we that there that besides service the old people, service everybody that goes there and we have a lot of people going to that place. And remember that the... I mean the Mayor mentioned the future budgets, but I would say quoting from Santiyana "Remember the past mistakes, because if you don't do it, you will have to repeat the mistakes of the past." Vice Mayor Regalado: OK, thank you. Mr. Samuel Mason: Commissioner, my name is Samuel Mason, I'm the executive director of Youth of America, 5524 Northwest 7th Avenue. I'm speaking today on the fact that last year we applied for funds. We were promised by the trust fund which we didn't get any funds. We service 115 kids from two to five every day. We service five elementary schools in the Model City area. We service other kids in the community in the afternoons and we network as the Commissioners asked us to network with all the other agencies in the community. Every agency in the Model City's area are doing work on a social service basis. We network with them, even the ones who are doing work on economic development. But, we come up this year and staff disregard our organization. Half our kids are from Little Haiti who comes to our school. Seven thirty in the morning we open up for those kids to come in, so their mothers and fathers can go and look for jobs, go to school, improve themselves in other ways they may try. We don't understand how staff could just overlook this program. The Mayor has been out there, Commissioner Gort has been out to see what we are doing out here. We're networking with the whole City. We want to... We don't understand what the problem is. We're in the disaster zone, the heart of all the problem and we're trying to work with... We're working with the Police Department and we can't understand why we're having this problem. So, I just want to close in saying what the poet Langston Hughes said, "I too am American. I am the darker brother. When company comes they send me to the kitchen to eat but I laugh and eat well and grow strong. Tomorrow when company come they dare not send me to the kitchen for I will sit down at the table and they will admire how beautiful I am and feel ashamed for I too am an American." We are part of this City and we ask to be incorporated into the funding process. Thank you very kindly. Vice Mayor Regalado: Thank you. Commissioner Gort: Mr. Mason, for your information we passed a motion that we're going to have Mr. Waters sit down with the Chief of Police, to try to identify funds, to try to fund programs like yours to work with the kids like Vecinos en Accion. And that's something that the Mayor is committed and we are all committed to do. 60 March 20, 1997 _J F Mr. Mason: Thank you sir. Mr. Fernando Gonzalez: My name is Fernando Gonzalez, I am from Vecinos en Accion and I'm also selected for our neighborhood for the Advisory Board. It was a surprise for me to see that we don't be recommended, Vecinos en Accion, a nonprofit organization where we don't make any penny working there for our children in our neighborhood. We don't have any recommendation from the City staff. But... and I'm glad to see how other organization in our neighborhoods have been funded. But some of those organizations, still they had the collect some fee from the children to do their program. The program what we are doing is free for the children. The only help what we have is from the Police Athletic League. They provide the children to... moving the children from one park to the other when they're going to play baseball or whatever, also the insurance. But we provide the equipment, uniforms and everything, and also coaches. So, please try to consider us in your budget please. Thank you. Vice Mayor Regalado: Thank you. Ana. Ms. Ana C. Rodriguez: Ana Christina Rodriguez. I'm not only representing CCS, Centro-Mater Childcare Center, but the agency as a whole. And I would like to commend the whole Commission, Vice Mayor and City Mayor. And especially, thank you Vice Mayor for your recommendation on not cutting our funding. I would like also to stress that even though with the present allocation, we're doing miracles to our children and families. It's not there's not enough, we're facing quality services not having enough money. But we are glad that we were not cut. I'm here today to stress that the Welfare Reform is forthcoming, a forthcoming crisis not only to our area but a Citywide problem and I'd like to stress the importance of saving some emergency funding for the crisis that we are going to be facing during the summer not only for the children and the parents and the elderly in our community. Thank you very much. Vice Mayor Regalado: Thank you. Ms. Ruth Wells: My name is Ruth Wells. I reside at 1331 Northwest 98th Terrace. I am the nurse manager and program director for the Douglas Garden Senior Adult Day Care Center at Legion Park. I would like to thank the Commissioners and the C.D. board for continuing to recognize the importance of this program in the Northeast section for Latins, Haitians, Nicaraguans, Afro-Americans and Anglos. And I would like to clear up one misconception of the Miami Jewish Home. This is a community program and it is a multi -cultural program and I have one Jew in the program and he is retarded. Thank you. Vice Mayor Regalado: Thank you. Ms. Angela Vazquez: Good afternoon, my name is Angela Vasquez and I represent Southwest Social Service in the area of Flagami. I would like to thank all of you for your support and to maintain the level of service at the same level of last year. But I would like you to consider that we are right now having to send the vans that is supposed to be using for transporting the elderly to pick up food in Farm Share in Homestead to be able to feed people in the community because they are hungry and it is not summer yet. And I would like you to consider an increase because we have a lot of elderly that are not going to have anything like you said, in the summer. So, thank you very much. Vice Mayor Regalado: Thank you. Miriam. Ms. Miriam Urra: Good morning, Commissioners. My name is Miriam Urra, I represent Allapattah Community Action, an elderly meals facility, an elderly program. And on behalf of the Allapattah community and the elderly of our area I would like thank you and I would like to 61 March 20, 1997 L congratulate you for the past and present support that you have shown to our community and when I say our community, I am talking about the whole community. I am not talking about Hispanics, I'm not talking about Blacks. I know you have done a wonderful ,job and you continue to do all efforts to help our community, so thank you very much. Vice Mayor Regalado: Thank you. OK... Ms Vazquez: Could I just have a little question? How much in social service, the area of Flagami is receiving? Commissioner Gort: You're not a target area. Mr. Waters: Flagami is not a target area. Commissioner Plummer: You better sit down. Vice Mayor Regalado: Yes. Flagami is not a target area. Commissioner Plummer: Those know when they're ahead not to speak. Vice Mayor Regalado: Well, this meeting is adjourned. We'll be back at... Commissioner Plummer: Well, well, Mr. Vice Mayor. Commissioner Gort: Can we vote on the motion the way it was presented? Commissioner Hernandez: We did. Commissioner Plummer: No. Vice Mayor Regalado: We did the motion about... You mean the next meeting? Commissioner Gort: No, this one. We haven't voted on. Commissioner Plummer: Mr. Vice Mayor... Commissioner Gort: ... the motion already... Commissioner Plummer: ... are you voting on what, the changing of meetings? Vice Mayor Regalado: Voting, you mean on what, on the social services? Commissioner Gort: Yeah. But the recommendations have been taken. Commissioner Plummer: I'll move. I'll move as recommended. Commissioner Gort: But the recommendation has been taken. Commissioner Plummer: Have you got them all down? Mr. Waters: Yes, sir. Commissioner Plummer: I'll move that... 62 March 20, 1997 F Vice Mayor Regalado: OK. OK, there is a motion. We're done, you're sure that we're done with the social services? Commissioner Gort: Right. Mr. Waters: Yes sir, we are. Commissioner Plummer: In more ways than one. Vice Mayor Regalado: OK. Commissioner Plummer: I move it. Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer. Commissioner Gort: Second. Vice Mayor Regalado: Second by Commissioner Hernandez. All in favor say "aye." The Commission (Collectively): Aye. Mr. Waters: Thank you. The following motion was introduced by Commissioner Plummer, who moved its adoption: .MOTION NO. 97-155 A MOTION ACCEPTING THE FOLLOWING CHANGES TO THE 23RD YEAR COMMUNITY DEVELOPMENT PROJECT PROPOSALS RELATED TO PUBLIC SEItVICES AND SOCIAL PROGRAMS: * INCREASING $20,000 TO THE BOYS AND GIRLS CLUB OF OF MIAMI [NO.8] * INCREASING $30,000 TO GREATER BETHEL AMERICAN [NO.27] * INCREASING $46,000 TO THE HAITIAN AMERICAN FOUNDATION [NO.33] * INCREASING $10,000 TO YMCA/CARVER BRANCH [NO.56] * INCREASING $9,000 TO LIONS HOME FOR THE BLIND [NO.40] * INCREASING $18,000 TO ST. JOHN'S TOT CENTER [NO. 51] * INCREASING $9,000 TO YMCA JOSE MARTI BRANCH [NO.57] * INCREASING $25,000 TO HAITIAN COMMUNITY CENTER [NO.34] 63 March 20, 1997 L. J F Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Wifredo Gort NAYS: None. ABSENT: Mayor Joe Carollo NOTE FOR THE RECORD: Although absent during roll call, ayor Carollo requested of the Clerk to be shown in agreement with the motion. Commissioner Plummer: Wait a minute now. Mr. Vice Mayor... Vice Mayor Regalado: Three. Commissioner Plummer: ... the City Attorney has asked me to designated or to be designated, if we are going to meet on April two, ten and fourteen. My recommendation based on his question is that the meeting of the tenth be designated for zoning. Commissioner Gort: We'll have to see if... Commissioner Plummer: OK... Vice Mayor Regalado: Well, well, wait a minute, wait a minute. Commissioner Plummer: ... if that's... Vice Mayor Regalado: Everybody on this Commission has to be, according to the Mayor, at four o'clock in Bayside. Commissioner Plummer: Yeah, but we can have zoning before that, OK. Mr. A. Quinn Jones, III, Esq. (City Attorney): Except for the items that... Commissioner Plummer: Well carry them over... Vice Mayor Regalado: That's what I am saying. That's what I am saying. So, there is no way that... there's no way that you can... Mr. Jones: Let's check on it. Ms. Linda Kearson (Asst. City Manager): Let us check on it Vice Mayor, Vice Mayor Regalado: Unless, unless, unless you guys want to come back at eight o'clock at night or something like that. 64 March 20, 1997 Commissioner Plummer: Hell, no. Vice Mayor Regalado: Well, then there's nothing... Ms. Kearson: Mr. Vice Mayor, why don't you have us check into that and come back at three o'clock and vote on it so that we can find out which items may have to be heard by a time certain. Commissioner Plummer: OK, that's fine, that's fine. They were just wanting to designate... no. They were wanting to designate one meeting to take care of zoning. I even suggested putting off zoning until May. Yeah, well hey. So he it. Quinn, I need to see you a minute. Yeah, and Bert. NOTE FOR THE RECORD: Thereupon, the City Commission went into recess at 12:18 p.m. and reconvened at 3:15 p.m., with all members of the City Commission, except Commissioners Hernandez and Gort found to be present. City Manager, Edward Marquez was also absent. ---------------------------------------------------------------------------------------------------------------- 8. TRANSFER FUNDS -- FOR FUNDING OF INTERNATIONAL TRADE BOARD'S CONSULTANTS / PROGRAMS / OPERATING BUDGET -- TRANSFER FROM SUBSIDIARY ACCOUNTS: $62,875.69 FROM ACCT 200358 & $93,813.60 FROM ACCT 090194. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: While we're waiting for two of the members of the Commission to arrive, we're going to take some pocket items. Commissioner Plummer. Commissioner Plummer: Mr. Mayor, in reference to International Trade Board our funds are frozen and they've not designated a number. (At this point, Commissioner Plummer read the proposed resolution into the record.) This has been approve by the Law Department and by the Manager. I so move. Mayor Carollo: Moved by Commissioner Plummer seconded by Vice Mayor Regalado. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. NOTE FOR THE RECORD: Commissioner Hernandez entered the meeting at 3:16 p.m. 65 March 20, 1997 L The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-156 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS SUBSIDIARY ACCOUNT NOS. 200358 AND 090194, IN THE APPROXIMATE AMOUNTS OF $62,875.69 AND $936,813.60 RESPECTIVELY, TO A SPECIAL REVENUE FUND ACCOUNT, SAID FUNDS COLLECTED FROM EXTERNAL SOURCES BY THE INTERNATIONAL TRADE BOARD TO FUND THE BOARD'S CONSULTANTS, PROGRAMS AND OPERATING BUDGET; AUTHORIZING THE DEPOSIT TO SAID SPECIAL REVENUE FUND ACCOUNT OF ANY ADDITIONAL FUNDS RECEIVED SUBSEQUENT TO THIS DATE; AUTHORIZING THE ALLOCATION OF SAID FUNDS AS DEEMED NECESSARY FOR ALL EXPENDITURES; PROVIDING THAT THE HEREIN AUTHORIZATIONS BE ONGOING AS REQUIRED BY THE INTERNATIONAL TRADE BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 9. PAY MUNICIPAL CODE CORPORATION -- FOR 1996 REVISION / CODIFICATION OF CITY CODE -- ALLOCATE FUNDS ($24,300, SPECIAL PROGRAMS AND ACCOUNTS, 921102-270). Commissioner Plummer: Mr. Mayor the other one is for the Clerk. I so move. (At this point, Commissioner Plummer read the proposed resolution into the public record.) This is mandatory for the codification. Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Hernandez. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. Commissioner Plummer: I have nothing further. 66 March 20, 1997 L F The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-157 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANGER TO PAY THE MUNICIPAL CODE CORPORATION FOR PROFESSIONAL SERVICES RENDERED IN CONNECTION WITH THE 1996 REVISION AND CODIFICATION OF THE CODE OF THE CITY OF MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921102-270 IN AN AMOUNT, NOT TO EXCEED TWENTY-FOUR THOUSAND THREE HUNDRED DOLLARS ($24,300). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: .. Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 10. BRIEF COMMENTS FROM COMMISSIONER PLUMMER REGARDING PRIOR REQUEST FOR AUDIT OF YOUTH BASEBALL ACADEMIES AND SPORTS LEAGUES -- SCHEDULE SAID ITEM 3/27/97 COMMISSION MEETING. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: Mr. Mayor, I have a pocket item. It would be a resolution from the Parks Department. Mayor Carollo: From what department? Vice Mayor Regalado: Parks Department. Mayor Carollo: Parks. Vice Mayor Regalado: It has to do with baseball and other sports academies. We met and the Parks Department has drafted a resolution which I think that you all have, you probably have seen it. Commissioner Plummer: What? Vice Mayor Regalado: So this is to resolve a situation. Well, we can leave it for later. I also have a pocket item regarding the English Center. I will pass on to you and we can do it later if you want. 67 March 20, 1997 Commissioner Plummer: I have... Tomas, I have asked for an audit of all of these leagues that are operating over there. Vice Mayor Regalado: I know you did, J.L. When we met with them we told them that they had certain time to become nonprofit, to give us an audit, to put their house in order. But we had to do this... Unidentified Speaker: Yes. Commissioner Plummer: This is just to raise money? Vice Mayor Regalado: ... in order than they can keep playing. It's, this is only until September of next year and it's the only way that we can do this. Commissioner Plummer: Well, I... Aren't they charging per kid? Vice Mayor Regalado: Yes, they are. And we discussed that. Commissioner Plummer: See my problem... If I may? We discussed that and they reason that we're trying to do this is that if now they show us some papers, and I'm sure that they're willing to show to the Commission all the papers of the cost of the coaches and what they use to maintain the facilities. Commissioner Plummer: Can I ask that this be put off till the next Thursday? Is that a major problem? Vice Mayor Regalado: Sure. Commissioner Plummer: Is that a major problem? I would like to see, I've asked for an audit. I would like to see the records of how much they're charging per child... Vice Mayor Regalado: It's different, different. Commissioner Plummer: ...What their total take is. Vice Mayor Regalado: There are people who do not charge. Commissioner Plummer: OK, but that's what I'd like to know. Vice Mayor Regalado: And there are people who do charge, so... Commissioner Plummer: OK. Mayor Carollo: OK, we'll bring it back next Thursday's meeting. Commissioner Plummer: I would appreciate that and bring me back the information. Mayor Carollo: And put it... If you could put it as a regular Commission item then. Commissioner Plummer: Absolutely. Put it on the consent, that's fine with me. Mayor Carollo: All right. 68 March 20, 1997 L --------------------------------------- ------------------------------------------------------------------------ 11. APPROVE NAMING APRIL 5, 1997 AS "GRAND AVENUE DAY". Commissioner Hernandez: Mr. Mayor, I have also a pocket item. I was approached by several members of the Coconut Grove Homeowners Association, specifically the north end of Coconut Grove in which they requested that I would bring about a resolution naming April 5, 1997 as Grand Avenue Day. They're going to be having a celebration. Commissioner Plummer: Second. Mayor Carollo: There is a motion, there is a second by Commissioner Plummer. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-158 A MOTION NAMING APRIL 5, 1997 AS "GRAND AVENUE DAY." Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Wifredo Gort --------------------------------------------------------------------------------------------------------------- 12. ENDORSE DADE COUNTY SCHOOL BOARD OBSERVING MARCH 27, 1997 AS "STOP DAY ENOUGH IS ENOUGH". ------------------------------------------------------------------------------------------------------- Commissioner Plummer: You want to take Willy's up even though he's not here? Mayor Carollo: Yeah, bring it up. Commissioner Plummer: All right. Mr. Gort has two pocket items, I'll bring them up for him. And the first one is a resolution of the School Board of Dade County, Florida endorsing March 27th as "Stop Day Enough is Enough." And they're asking for us to endorse the same for that particular day, I so move. 69 March 20, 1997 Commissioner Hernandez: Second. Mayor Carollo: Uh-huh. There is a motion, there is a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-159 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING MARCH 27, 1997 AS "STOP DAY ENOUGH IS ENOUGH." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ASSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 13. AUTHORIZE EXTENDING FENCE ON NORTH SIDE OF ALICE WAINWRIGHT PARK. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: The second pocket is, Mr. Gort is asking that the City look into putting a fence on the north side of Wainwright Park to stop the undesirable activity and I would assume Mr. Manager, this will go to you. I don't think the Commission would have any problems, so I'll move that we instruct the City Manager to follow-up and put the fence in, in where it's called Cliff Hammocks Association. I so move. I Commissioner Hernandez: I second it. Mayor Carollo: There is a motion, there is a second. All those in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. L 70 March 20, 1997 F The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-160 A RESOLUTION INSTRUCTING THE CITY MANAGER TO FOLLOW-UP ON THE REQUEST BY THE CLIFF HAMMOCK ASSOCIATION AND EXTEND THE FENCE ON THE NORTH SIDE OF ALICE WAINWRIGHT PARK (PARALLEL TO THE ENTRANCE OF KEY BISCAYNE) TO PROTECT THE PARK AND NEIGHBORHOOD FROM INTRUDERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None, ABSENT: Commissioner Wifredo Gort ----------------------------------------------------- —------------ -------------- ----------------------- -------- 14. APPROVE ENGLISH CENTER'S REQUEST TO PAY PREVAILING SURCHARGE RATES FOR OFF -DUTY POLICE ASSIGNMENTS UNTIL CENTER'S BUDGET BECOMES UNFROZEN -- NEW SURCHARGE RATE DIFFERENCE TO BE PAID RETROACTIVELY WHEN BUDGETARILY FEASIBLE. ------------------------------------------------------------------------------------ ---------------------------- Commissioner Plummer: We're back to CBDG? Mayor Carollo: OK, anything else? Vice Mayor Regalado: I still have one more pocket item here. We can do it later if you want to or we can do it. Mayor Carollo: OK, which one? Vice Mayor Regalado: It's about the English Center. I went to this center and I talked to the directors and teachers and they are having a problem with the budget. They are open every day of the week from 8:00 a.m. to midnight. They're located very close to here and close to Coconut Grove and they're requesting to be exempt from the City of Miami Police Department new policy on the off -duty assignments. They have about 9,000 students in that school and they need to have a policeman although they do not have the funds to pay their overtime. Mayor Carollo: Well, what you're saying is that they want to be exempt from the new rates? 71 March 20, 1997 Vice Mayor Regalado: From the new rates. Commissioner Plummer: Well, the surcharge. Vice Mayor Regalado: They're OK, with the... They have the budget for the regular rates but their budget was frozen. Commissioner Plummer: Make it until their budget is unfrozen. Mayor Carollo: OK, why don't you modify the motion to make it, to approve this until their budget is unfrozen? Vice Mayor Regalado: Absolutely. They don't have any problem if they get their budget but now they don't have it. NOTE FOR THE RECORD: Commissioner Gort entered the City Commission meeting at 3:23 p.m. Commissioner Plummer: I'm just here to set a precedent. We've done your two pocket items. Mayor Carollo: All right. Chief, were we following any set procedure on this or not? Police Chief Warshaw: So far we have not granted any waivers but we haven't had any, you know, formal requests for any yet in front of the Commission. Mayor Carollo: Well, this is a governmental body that's requesting this so, I just wanted to see what we had done so far. I don't want to open up Pandora's box on it either. Police Chief Warshaw: Right. If... Commissioner Plummer: Yeah. I think the fear is the precedent. Mayor Carollo: Yeah. Commissioner Plummer: Because there's a lot of people out there... Vice Mayor Regalado: I know that but what you can consider is, you know, until they get a new budget. If they do... Mayor Carollo: Well, maybe we could put the provision that they can sit down and reimburse the City once the budget is unfrozen. Commissioner Gort: What item are we on? Commissioner Plummer: We're on a pocket item for the English Center. The problem is that their budget is frozen and they want a waiver on the surcharge increase. Vice Mayor Regalado: The only problem that they have is that they just don't have the money right now and they need the police. Mayor Carollo: Yeah, but what I am saying is, if we make a resolution that they will pay us the difference... 72 March 20, 1997 L Vice Mayor Regalado: Whenever they get the new budget. Mayor Carollo: ... once they get the new budget... Vice Mayor Regalado: Right. Mayor Carollo: ... with that provision. Commissioner Plummer: They'll pay us retroactively? Mayor Carollo: Retroactively what they owed us. Commissioner Plummer: Well that's tine. Move it. Second it. Vice Mayor Regalado: OK. Mayor Carollo: OK, there's a motion, there's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Mayor Regalado, who moved its adoption: RESOLUTION NO. 97-161 A RESOLUTION WAIVING THE RATE INCREASE FOR OFF -DUTY POLICE SERVICE AT THE ENGLISH CENTER (THE CENTER) UNTIL SUCH TIME AS THE CENTER'S BUDGET IS UNFROZEN; FURTHER STIPULATING THAT WHEN FUNDS BECOME AVAILABLE, THE CENTER WILL MAKE RETROACTIVE PAYMENT TO THE CITY FOR THE RATE DIFFERENTIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort I Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. L 73 March 20, 1997 F ---------------------- ----------------------------------------------------------------------------------------- 15. (A) RESEARCH FEASIBILITY OF SALE OR LEASE OF OFF STREET PARKING AUTHORITY BOARD'S PROPERTIES -- DIRECT MANAGER TO EXPLORE DISMANTLING DEPARTMENT OFF- STREET PARKING. (B) GRANT OFF STREET PARKING REQUEST TO HIRE OUTSIDE COUNSEL FOR OPINION LETTER TO DETERMINE L WHETHER CITY OWNS LOT 10. Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Mayor Carollo: Yes. Mr. Jones: If I could, I had one and of course the information you tell me when you want I, the information we talked about earlier that you needed for the... Mayor Carollo: Well, we'll leave that for the end of the meeting. It's the last item we'll do. Mr. Jones: OK, one pocket I have has to do, and I informed your office yesterday, has to do with the purported purchase of lot 10, that we were supposed to be selling to Off -Street Parking. Mayor Carollo: Right. Mr. Jones: And I was informed yesterday that there had been some discussions between my office, and of course Off -Street Parking as you know, my office also, the City Attorney's Office also represents Off -Street Parking. There seems to be some conflict in terms of who actually owns the property. The Off -Street Parking is of the opinion that there was communication, actual legislation by this Commission some years ago, wherein they were acknowledged as being the owner, having paid some four hundred thousand dollars ($400,000) for the piece of property. I can tell you without myself having checked the land records, I'm pretty sure that if we were to do a check today would show that the City were the owner. Because apparently there was never any transfer made to the Off -Street Parking from the City when this transaction took place. However, what the Off -Street Parking Board has requested and I have acceded to is that they wish to, of course, engage their own counsel at their expense to give them an opinion letter or a letter of comfort as to who really owns the piece of property. Mayor Carollo: This is the one by Channel 6, that they were looking to sell to us. Mr. Jones: Yeah, that's correct. Of course it would be at their expense and of course the City Code requires that, not only that their board approve it but that this Commission approve any... Commissioner Plummer: .. Channel 4. Mr. Jones: Channel 4. Commissioner Plummer: History. Mayor Carollo: Well, you know what Mr. M, with the Off -Street Parking Authority. This is Instead of receiving dollars from them to buy nager, this is not the understanding that I have not the kind of help that I need for this City. our properties that, they're going to be taking 74 March 20, 1997 properties and not paying a penny. I'm going to make a resolution right now, Mr. Vice Mayor, that we instruct the City Manager to go out and research and bring back to this Commission as soon as possible the selling or leasing of the Off -Street Parking. And for you, Mr. City Attorney, to give us your best legal guidance on how in go about it so we do away with the agency as we know it right now, the Off -Street Parking Authority. And this way, we don't have to play anymore games and we could run it right from here. Commissioner Plummer: Well... Mayor Carollo: I don't like these kind of surprises whatsoever. Mr. Clark Cook (Executive Director, Off -Street Parking): Yeah. Mayor, could I say one word and I don't want to mislead you at all. Mayor Carollo: There is a motion right now, and unless... Commissioner Plummer: Well, look, let me tell you, I have no problem seconding the motion. It doesn't mean we're going to buy it, but we're going to explore. And I don't have any problem with that and I don't think Mr. Cook does either. Mr. Cook: Well, I certainly don't. But I would like the Mayor to understand fully what... Mayor Carollo: Well, can we call the question, Mr. Vice Mayor, and then we'll keep discussing this? Thank you. Vice Mayor Regalado: There is a motion by Mayor Carollo, seconded by Commissioner Plummer. You want to go ahead and vote now? Commissioner Plummer: Fine, move the motion. Vice Mayor Regalado: OK. All in favor say "aye." Commissioner Gort: Nay. Commissioner Plummer: Nay? Commissioner Gort: Yeah. Mayor Carollo: Yeah, one nay. Vice Mayor Regalado: One nay. The following motion was introduced by Mayor Carollo, who moved its adoption: MOTION NO. 97-162 A MOTION INSTRUCTING THE CITY MANAGER TO RESEARCH THE FEASIBILITY OF SALE OR LEASE OF THE OFF-STREET PARKING AUTHORITY BOARD'S PROPERTIES; FURTHER DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO EXPLORE THE FEASIBILITY OF DISMANTLING THE DEPARTMENT OF OFF-STREET PARKING (INCLUDING BRINGING IN A MANAGEMENT TEAM TO MANAGE SAME, ETC.) 75 March 20, 1997 F Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: Commissioner Wifredo Gort ABSENT: None. Commissioner Gort: It's not that easy. Commissioner Plummer: Well, excuse me. If you don't mind, Mr. Gort, I'd like for you to tell me, not necessarily on the record, but you have to because of the Sunshine Law, why you think it's not worthwhile to look into the matter? I'm not saying I'm voting for it... Commissioner Gort: Let me... Commissioner Plummer: Maybe, I might change my vote if I hear, because you served as a chairman of that and I'd like to know? Commissioner Gort: My understanding on the motion is, a too complexed motion. One, number one is to find out the- legality of all the land that exists out there. Number two, you're saying to take over the agency. Mayor Carollo: Well, what I am saying is for the City to either lease or sell the properties, the operation of Off -Street Parking. Either lease it, bring a management team in or sell it. Commissioner Gort: OK, well then that's a different ball game then. I thought you were saying taking over the agency. Mayor Carollo: Well, in essence Commissioner, that what we would have end up having done. Commissioner Plummer: Well... Mayor Carollo: And it would have freed up a lot of money that's there that could be used in much better ways than is being used right now. Commissioner Plummer: Well, let's make sure we understand the motion. The motion as I understand it basically is to explore the City to take over Off -Street Parking. Mayor Carollo: Well, in the ways that we described it, that's correct. Commissioner Plummer: That's it. Mr. Jones: No, it was to explore the sale or lease of Off -Street Parking properties and secondly and or the dismantling of the Off -Street Parking Authority. Commissioner Plummer: Well... Mayor Carollo: Yeah, including bringing a management team to manage it, or just selling it right out. 76 March 20, 1997 F 4 :) t E Commissioner Plummer: OK, I have no problem with that. Mayor Carollo: Now, that it's passed... Commissioner Gort: My understanding is, that this has to go to the voters. Mr. Cook: Can I? Mayor Carollo: Excuse me? Commissioner Gort: My understanding is this has to go to the voters. Commissioner Plummer: Well, if it does it does. Commissioner Gort: OK. Mayor Carollo: Willy, if it does it does. Commissioner Plummer: "C'est la vie." Mayor Carollo: Now Clark, now that that's passed. Mr. Cook: Mayor, I just to be sure everybody understands what the City Attorney brought up this particular item. Yesterday afternoon, yesterday morning to be... Well actually the day before yesterday we found something in the file that we were concerned about as far as who owned Lot 10. We took it to the City Attorney and we said we don't... we think the City owns it but this needs to be cleared up, can you give us some advise? The City Attorney looked at it and said, "I believe that you need to hire you own counsel because the way we're set up now we're both... we negotiating with ourselves." I called Quinn, the City Attorney, Mr. Jones, I said "What do you think?" He says "Yes, I think you probably do need to hire your own attorney to just look at it. I am pretty comfortable the City owns it." I said "So am I. But let's get it over with because the Commission meeting is tomorrow, we can resolve this issue quickly. But it just needs to be resolved." I have seventeen million dollars ($17,000,000) worth of bond holders that I think it's only fair to do that. I believe the City owns the property but I need for an attorney to give me a legal opinion saying that. If he does that, then we go right ahead with the sale. There's no problem or no attempt on our part to say that we own it, it's just that we found something in the file. It's something that if you found in your file, you would want to do the same thing with. And... Mayor Carollo: Well Clark, the next time you find something in the file... Mr. Cook: Yes. Mayor Carollo: .. at least give me the courtesy of a phone call so that I don't hear it for the first time in this fashion. Mr. Cook: Joe, Commissioner, Mayor, excuse me. I did try to call yesterday and... Mayor Carollo: Because in my file, I know of over half a dozen companies, maybe more, that are interested in the resolution that I just made. Mr. Cook: I understand that. And it was no way that I was attempting as your Executive Director to say this City didn't own this property. I just need for someone to tell me that the City owns the property. I think that's a fair... 77 March 20, 1997 1"— Mayor Carollo: Well, I'll tell... Mr. Cook: ... I think... Even the City Attorney recommended that to me. Mayor Carollo: I will say this to you, if you can't hear it louder than what you just heard that we own that property, then you don't want to hear it. Mr. Cook: I believe that. I believe that. I don't have any problem with it personally. I'm not qualified to judge this information I found in the tile. That's why I took it to the City Attorney. I said "give me some advice." The City Attorney says, "You need to hire a private attorney." And, and you know, I really thought I was carrying along my fiduciary responsibility. And I believe that the private attorney will look at it, he will say the City owns it and it will be over in a matter of days. But I need to get that City Attorney to get that really because that's what I was advised. I don't think I would have been very smart not to have done that. Mayor Carollo: Well, now you know, we both could be smart. Because I don't think we would have been very smart if we hadn't made it very clear where we stand at. Mr. Cook: I have no questions where you stand, Commissioner. Mayor Carollo: Just because you have someone going off the deep end and wants to be in denial and is saying that we don't have a deficit, that it doesn't exist, that we got a fifty million dollar ($50,000,000) surplus. It doesn't mean that that's reality, and it's not reality. Mr. Cook: Yeah, yeah. Mayor Carollo: We have had a deficit and the only way that we've gotten out of this deficit is by bringing in the kind of dollars that we have including... Mr. Cook: Yeah. Mayor Carollo: ... as you know thirteen million has come in from the Sports and Exhibition Authority plus another almost six million that we'll be bringing in by April to the tune of almost nineteen million from one City agency alone. Besides millions from all other areas and not the least, the sacrifice that these employees of our City have made including the Pension Boards and I tell you what, we all expect for another one of our City agencies, one of the other few that has money to do their part. Mr. Cook: I have no intention but to do that part, and I am committed to you personally to do that. All I have here is a technicality that I couldn't personally solve as Executive Director. I went to the City Attorney. I said, "Help me this." He says "you probably need a private attorney to look at it. We shouldn't be negotiating with ourselves." It's a technicality, I don't see it as a major problem. Mayor Carollo: Well, I hope we resolve it from our side. Mr. Cook: I wished I had called you, I wish I had been able to reach you but I... at eight o'clock last night, well I think I talked to Mr. Jones at five o'clock last night. At eight o'clock I was still trying to reach people on this thing. And I apologize for that. I felt that it was a technicality that needed to be resolved. The City Attorney had said that it was a technicality that need to be resolved. I don't have any question that it wouldn't be resolved but we just... we need to get it resolved, that's all. 78 March 20, 1997 --i Mayor Carollo: Well Clark, how would you feel if you were led to believe that you have a piece of property that someone is going to buy from you for two point seven million dollars ($2,700,000)... Mr. Cook: Yeah. Mayor Carollo: ... at least. And then all of a sudden they're telling you today, that hey, we own it already, without having to give you a penny. That's what it sounded like. Mr. Cook: No. No, I did not say that. Mayor Carollo: I know you didn't say that. But... Mr. Cook: I have never said. I have never said... Mayor Carollo: .. the way that it was described to us... Mr. Cook: .. to Quinn, to anyone that we own the property. Mayor Carollo: .. it sounded that way. Mr. Cook: No, I said there's a technicality in there that makes me believe that I need to get, based on what the City Attorney has told me, that I need to get a clarification. If I don't get a clarification then I, it's confusing. And the attorney advised me to get that. This wasn't my idea, believe me I'd much prefer not to. Commissioner I made a... Mayor, I made a commitment to you, I'm not stepping down from that commitment at all. This is a little technicality, we took a step forward, we slid back two. But, I can get this done quickly if you give me permission to hire the attorney. Mr. Jones asked me... I picked a real estate attorney I said there's one, we'll have him look at it. I'll send the stuff over to him after you all OK. Mayor Carollo: Does he need our permission to have that attorney, I mean they're paying for it? Mr. Cook: Yes, I do. I can't do it without that. Commissioner Plummer: Move it. Move it. Commissioner Gort: Second. Mayor Carollo: OK, move it. Mr. Cook: OK. Mayor Carollo: There's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. 79 March 20, 1997 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-163 A MOTION GRANTING REQUEST TO THE DEPARTMENT OF OF -STREET PARKING TO ENGAGE OUTSIDE COUNSEL AT THEIR EXPENSE TO DETERMINE WHETHER OR NOT THE CITY OF MIAMI OWNS LOT NO. 10, SUBJECT TO APPROVAL BY THE OFFSTREET PARKING AUTHORITY BOARD. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Cook: Thank you, Mayor. Mayor Carollo: Thank you, Mr. Cook. You haven't, Clark? Commissioner Gort: Get a fast opinion. Mr. Cook: Yes. Mayor Carollo: You haven't ran into any technical problems on the other lot? Mr. Cook: No, sir. I'm still looking at it. I, the other lot doesn't have... We don't have a history with the other lot. Lot 10, we have a history with and when we got back into the files we found a case where you all had passed an ordinance. The Commission had passed an ordinance to buy the lot from us. Now, we don't know what that means, we got to go and ask the City Attorney what that means, you know. I said why would they do that if we own it, if you don't own it. And it simply was a technicality, I don't know the answer to that. And I shouldn't... I'm not a lawyer, I can't rule on that. So, that why we asked for guidance. But we have to come to you to hire an attorney and that what I asked Quinn to do. Mayor Carollo: Thank you, Clark. One last favor, can you make sure that you hire an attorney that's possibly not the type of attorney that you all hired the last time on something... Mr. Cook: Yes, sir. I tried to... I will try to do... Mayor Carollo: .. that represented another chap from Broward? Mr. Cook: Yes, sir. Your point is very well made. I tried to avoid that problem. I asked the question personally and I was assured that that was true. Quinn said he did not know the gentleman. The gentleman said he knew Quinn so I'm not sure what that relationship is. But this was... 80 March 20, 1997 L Mr. Jones: Well, we all look alike Clark, so you know, hey. Mr. Cook: Yeah, obviously you do. Mayor Carollo: Well, I'm just saying that because I want to make sure that we resolve this quickly. Mr. Cook: We, we... I think we understand each other. I just need somebody to tell me technically that that's nothing to that item. Commissioner Plummer: Do it. Mr. Cook: OK. Thank you. Mayor Carollo: Thank you, Clark. Mr. Cook: Thank you. Commissioner Plummer: My God! Commissioner Gort: Next. Mayor Carollo: Quinn, anymore surprises for today? Mr. Jones: No. Commissioner Plummer: Jumped up Santa Claus. Mr. Jones: I tried to call you yesterday, but you were tied up so I did speak to Arlene. I honestly and I... Mayor Carollo: Well, I'm glad we cleared that one up. Commissioner Plummer: Was it a home invasion when he was tied up? Mayor Carollo: Anyway, if we could leave whatever other pocket items are left for the end of the meeting... Commissioner Plummer: There are no more. Mayor Carollo: ... because I can't anymore like this last one. Commissioner Plummer: Get bigger pockets. ---------------------------------------------------------------------------------------------------------------- 16. PRESENTATION: COMMEND SANCHEZ AND LEVITAN FOR i ADVERTISING EFFORTS ON BEHALF OF CITY. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We have one minor item that we have from this morning that we said we will bring up this afternoon. It's a brief presentation. If I may ask Aida Levitan and Fausto Sanchez to come up here, please. 81 March 20, 1997 L Commissioner Gort: This is a commendation. The City of Miami, Florida, whereas Sanchez Levitan, Inc., a national advertising and public relation agency based in the City of Miami has helped develope our municipality as one of the leading Hispanic advertising centers in the world. And where Sanchez Levitan contributes substantially to community projects such as the Fair of Seville in Miami, the Fair of Spain, a tourist and commercial event to be held this year for the first time in Miami, and whereas Dr. Aida Levitan and Fausto Sanchez, principals of the agency recently contributed their personal time and the time of the agency staff to the City of Miami to make the International Week of Miami in Marbella, a resounding success. Now, therefore Mayor Joe Carollo and the City of Miami, Florida do hereeby commends Sanchez and Levitan and Aida Levitan, President, Nonprofit Organization Hispanic Events, Inc., which will produce the Fair of Spain for the efforts on behalf of the City of Miami. And I would like to tell you Sanchez, Levitan goes way back with the City of Miami. She first began training our police officers in sensibility training. I won't say how long ago, but it was ... a few years ago. Don, you remember that, congratulations. ---------------------------------------------------------------------------------------------------------------- 17. (A) AUTHORIZE PAYMENT TO DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE -- FOR COURT OVERTIME REDUCTION PROJECT -- ALLOCATE FUNDS ($5,000 POLICE GENERAL BUDGET ACCT. 001000.290301.6.930) -- SEE LABEL 4. (B) DISCUSS PAYMENT OF POLICE OVERTIME COSTS BY VIOLATING WHOSE CASES REQUIRE POLICE PRESENCE IN COURT. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK, Aaron. Vice Mayor Regalado: Mr. Mayor. Mayor Carollo: Aaron. Just give me one second please? You need to bring the police item up again, that's been resolved. CA-2, I believe it is. Mr. Aaron Weeks (Chief -of -Staff): Yes sir, Mr. Mayor. The Police Department has met with representatives of the union and they have explained that program to them and I think they are now in agreement that this is something that will be beneficial to the City and do not opppose this item. Mayor Carollo: Very good. Mr. Tony Rodriguez: Well, let me just clarify that issue, Mr. Mayor and Commissioners. Tony Rodriguez with the FOP (Fraternal Order of Police). As I stated earlier, my objection was and still is, that the department had been working on this, I have found out since that they have been working on this item for over a year and no one bothered to talk to us about it. So I'm still upset that that had occurred when we're all supposed to be working together on this and we've all done so much to resolve this matter. Now, having said that, as this item is written what it involves is, is five thousand dollars ($5,000) worth of funding that is going towards the partial payment of a witness coordinator. And this is towards this program. However, and I don't have a problem with that issue in and of itself, but the program as it's been explained to me is, a program that's going to... it's designed, a pilot program to curve excessive and abusive court overtime, and I'm reading from a memorandum from the Dade County Chief, it's a Dade County Chief's program, it involves most of the municipalities in Dade County. Now, I'll be the 82 March 20, 1997 L r first to tell you that abuses should be addressed because abuses don't do any of us any good. But as I understand this program to be, the witness coordinator is going to assist in improving scheduling problems. So like for example, if an officer works midnights and he's scheduled, he's given a subpoena to be in court and he's there, and this is by the way, the pilot program is going to address predominantly DUI (Driving Under the Influence) court. And if an officer is in court, is given a subpoena and he works midnights, is in court all day and then they're told at the end of the day, well we don't need you for court. So, it's my understanding that the program is designed to address scheduling problems. Understand this, this program is still going to impact on my membership as Commissioner Regalado brought up. And as it's designed, or as my understanding is as it's been explained to me as it's been designed that doesn't address abuses. If you want to cut down on court overtime and you believe there's abuses then you need to address those abuses. But this is not the way to address those abuses. In any event, this program and they've now explained it to me and they've satisfied my concerns in terms of us not being at all involved in the process, and I don't have a problem with the five thousand dollars ($5,000) that are going to go towards the witness coordinator to alleviate and maybe resolve some scheduling problems, I certainly don't have a problem with this. But I have a problem, and I think there is an inherent problem that could exist in the implementation of a program of this sort that might negatively impact my membership. And I just wanted to make that point very clear. Mayor Carollo: Yeah, we appreciate that. Commissioner Plummer: Move item CA-1. Mayor Carollo: There's a motion. Commissioner Hernandez: I second it. Mayor Carollo: There's a second. Chief, would you like to say anything on that or not? Police Chief Warshaw: No, I just for the record I spoke with Lieutenant Rodriguez and this particular program does not in any way address issues of abuse of overtime. As he stated, it's a pilot program that will make the scheduling more efficient for police officers all throughout Dade County particularly police officers who work at night who sometimes have to spend five, six, seven hours in court only to be told by a judge they're no longer needed, sent home and then they have to come back to work four hours later. So, in that regard it will be in everyone's best interest, it will save the officer time not having to hang around court when there is no trial that is taking place and it will certainly impact on the City's overtime numbers as well which we all want to bring down. Commissioner Plummer: Well, you know somewhere along the line very quickly, you know, what's the average number of continuances on a DUI? Police Chief Warshaw: I don't know what the average is, but there are a lot of them. Commissioner Plummer: You darn right there are, OK. And what I am wondering is, is why isn't the amount of money that it costs the City for overtime charged to the recipient, to the guy that violated and created the problem? Why doesn't the court, if a policeman's overtime is twenty-five dollars ($25), thirty dollars ($30), fifty dollars ($50) whatever it is, why isn't that added to the fine for the guy who caused the problem instead of taxing me who didn't have anything to do with it? Police Chief Warshaw: Well, Commissioner not being a lawyer or a state legislator I really can't answer that, except to tell you that the... I don't think the court system... 83 March 20, 1997 Commissioner Plummer: Well, I think it's responsible for you acting responsibly to start pursuing it. Commissioner Gort: J.L. Commissioner Plummer: Because it makes sense to me. Commissioner Gort: It's my understanding, I just got back from Tallahassee representing... and I'll give a report later on. Because that's one of the things, one of the legislations that were passed is to be able to collect those funds. Right now... Commissioner Plummer: No, what you're trying to do is get the two-thirds, one-third. That's what you're working on. I'm talking about... Commissioner Gort: DUI is included. Commissioner Plummer: But I'm talking about whatever it costs the policeman in time should be charged to the individual who, if convicted. If he's not convicted then of course that's a different story. Commissioner Gort: That's part of it, that's part of it. Mr. Rodriguez: Can I offer some insight, Commissioner. Commissioner Plummer: OK, what I am saying is that I don't know why others should have to pay for that bad guy's bad. And I would hope Mr. Police, Mr. Manager, I'd like a report back in the next 30 days from the Police Department what they're doing to pursue. Police Chief Warshaw: Yes, sir. Mr. Rodriguez: Commissioner, let me just say, that program that you're talking about is currently being implemented by Dade County. They're doing it. There is a problem with it however. Many of these people that you're going after for these funds don't have the funds. So you spend a lot of time trying to collect from people that are of low income and very difficult to get a hold of. Heck a lot of them don't even show up to court. I agree in concept... Commissioner Plummer: They find money to get a lawyer, don't they? Mr. Rodriguez: Yeah, and I agree in concept its a viable option, it's being attempted now by Dade County and I certainly think it's one that we should pursue. As a matter of fact, and Lieutenant Alfaro will tell you and when I was being briefed about all of this earlier, I mentioned that. Well, look let's go after some of these and have them pay some of these expenses. I mean that's that trend in the nation now. Police Chief Warshaw: Well, Commissioner, we've looked at the recovery program over the years particularly as it relates to felonies and the County we think is losing money, it's not productive. We've attempted to go after people, most of them as Lieutenant Rodriguez pointed out, are indigent... Commissioner Plummer: Not us. Police Chief Warshaw: ... and it's impossible to collect. Now, we're talking about... Commissioner Plummer: Not us. Let the court... When the court assesses a fine, let them include the cost, they get the court costs, don't they? Don't they get the court costs in the fine? 84 March 20, 1997 L F Police Chief Warshaw: And I don't know if... Commissioner Plummer: So much for the fine plus court costs. Mayor Carollo: All right gentlemen, we've got to move on. Thank you Chief. Police Chief Warshaw: OK. Mayor Carollo: Thank you, Tony. Mr. Mariano Cruz: I waited here because it's hard to me if I... Yeah, one, two, three, four, five, six on the other side. It's very hard, I mean to say anything especially. Mariano Cruz, 1227 Northwest 26th Street. I will address the problem of the overtime and places that can be reduces and abuses and I know that from experiences out there and people, and I've seen these with my own eyes. Like, I can name three places in Allapattah, the police used to, used to write tickets and get a lot of overtime, people getting pissed off and going to court and fighting those tickets. Ten and 26th, 18th and 36th, and 12th and 36th and they were writing tickets there standing by the intersection. People were unaware and they were given tickets. It happened to me, I was even arrested, put in jail for bringing that to the... Instead of solving the problem, the problem that was there, for the traffic problem, they were writing tickets, just writing traffic tickets. And I explained to them now, so it had to be me who pointed it to the County and to the Department of Transportation and the situation was changed. Remember 18th and 36th used to be a right turn right on 18th Avenue? But you know what they did? They used to stop there and write tickets to the cars that were proceeding east bound on 36th Street and now we move that right turn to 17th Avenue and 36th Street which should be there. There, on 36th Street it used to be. Now lately on 12th and 36th they left an old sign there where they were doing some repair on the street, no left turn between seven to nine, four to six. You know what they did? Instead of correcting that they went and sand -bagged that section and gave tickets to the people and we went to court they other day, about ten people. The two officers didn't show up because we went up to... Officer Jimenez and Rosenbaum, am I right? Yeah, Jimenez and the other one that got the of it was Irvin Guerra. Took it to , they do nothing because you know, they fox taking care of the hound, you can't do anything when you go to... That's the reason I'm saying the things in public. If you address those issues you could see that the overtime is going to go down because I am speaking from my expertise on traffic. I don't talk about criminal court or anything. Mayor Carollo: OK, thank you. OK. Mr. Cruz: But there is a lot of abuses there. Mayor Carollo: All right. Mariano, thank you, time's up. I appreciate it. Mr. Cruz: And remember, these people most of them won't be voting for you but I'll be voting for you. Mayor Carollo: I understand that and... Mr. Cruz: Because they don't live in the City. Mayor Carollo: I understand that. Believe me, I understand who's voting for me and who's already endorsed who. In fact, I even got surprised when I saw T-shirts that were sharks, you know I thought that was another bunch that was here today. Anyway, call the roll, we have a motion and a second. 85 March 20, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-164 A RESOLUTION AUTHORIZING PAYMENT TO THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, FOR THECOURT OVERTIME REDUCTION PROJECT, IN THE AMOUNT OF $5,000.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE 001000.290301.6.930. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------- ---------------------------------------------------------------------------------------------------- 18. PRESENTATION TO COMMISSION OF NEW ASSISTANT CITY MANAGER FOR FINANCE / ADMINISTRATION: RICHARD J. NACHLINGER. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We're back at two. I am sorry, you need to introduce him. Mr. Aaron Weeks (Chief-of-Staft): Mr. Mayor, Commissioners I'd like to introduce the City's new Assistant City Manager for Finance and Administration, Mr. Robert Nachlinger. He is joining us, he was formerly working for the City of Miami Beach as an Assistant City Manager. Mr. Robert J. Nachlinger: Well that was... Your honor I appreciate that, it was almost true. Actually, I was the Director of Finance for the City of Miami Beach for the past 11 years. I am very pleased and honored to be working for the City of Miami which is quite frankly the only other City in Dade County that I think is as vibrant, alive and is as an exciting place to work as the one that I've been in for the past 11 years. I have had the pleasure of knowing your City Manager for ten plus years, we've been on the same side of the table or on opposite sides of the table on any number of issues negotiating between the City of Miami Beach and Dade County. I know and have known for a long time that I can work with him, and that was certainly not the issue when he asked me to come join the City of Miami. My concern was, being over here with Merrett on the Stierheim committee, if for lack of a better word. I saw that the problems of the City of Miami were certainly fixable. I was concerned about the... I don't know a delicate way to say it, but the political will to get it done. And, quite frankly after reviewing and seeing what the Commission had done, the steps that you all have taken, the hard choices that this City 86 March 20, 1997 Commission has stepped up to the plight and taken it gave me the absolute assurance that the problems of the City of Miami will be fixed, I have no doubts about that whatsoever and I am pleased and honored to he working with you. Thank you. Mayor Carollo: Welcome to the City of Miami. It's indeed a pleasure to have someone of your experience and professionalism working with the City of Miami. I hope that this is the beginning of many more new faces that I'll be seeing soon. Mr. Nachlinger: I certainly hope so too, Mayor. Mayor Carollo: Thank you. Mr. Nachlinger: And just as Ed was anxious to get me on board, I'm anxious to get some additional people on board to help us all out. Mayor Carollo: Well, we're very happy to have you on board. Welcome. Mr. Nachlinger: Thank you. Commissioner Gort: It was a pleasure that I had to opportunity to work with him, in the last two years I had the opportunity to work with him and I think he was part of the original team that was here during the selection of working volunteers on loan to the City of Miami, so it's a pleasure to have you. Mr. Nachlinger: Thank you. Commissioner Plummer: Let's go. Vice Mayor Regalado: Mr. Mayor. Mayor Carollo: Yes. Vice Mayor Regalado: I know that J.L. wants to bring some people that have to go to discuss an item. I don't know if Rosario... Commissioner Plummer: If no one has an objection, I would like to bring up, what item is it? On the Bayfront Park item. Vice Mayor Regalado: And I also want to mention that there are several people here that are working people and they have to go back so, from Watson Island. So, as soon as we get through, if we can move item-42, I would appreciate it so they can... Mayor Carollo: Well, do we have? Commissioner Plummer: No. The item I am talking about is 43-A, Mr. Mayor, if you have no... Vice Mayor Regalado: No, I know, but I am talking about my personal appearances. It's 42, and it has to do with water too. Mayor Carollo: Well yeah, but gentlemen we also have people from this morning that were here on item two and three that we also have an obligation to hear. Vice Mayor Regalado: Right. 87 March 20, 1997 F Commissioner Plummer: Whatever you want to do, sir. Vice Mayor Regalado: Right. Mayor Carollo: Are the people from NIKE here also? OK, we'll get to you just a little while longer. And maybe you might want to grab a seat somewhere, be a little bit more comfortable. Thank you. Commissioner Plummer: Well padded. ----------------------------------------------------------------- 19. (A) ----------------------------------------------- APPROVE CHANGES TO 23RD YEAR CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT PROPOSALS RELATED TO HOUSING DEVELOPMENT AND REHABILITATION -- FURTHER FUND PROPOSED INCREASES FROM INTERIM ASSISTANCE DEBRIS REMOVAL -- COMMISSIONER PLUMMER COMMENTS ON NEED TO DESTROY ABANDONED STRUCTURES USED AS CRACK HOUSES -- SEE LABELS 5, 7, 21. (B) DISCUSS CITY'S PRIOR COMMITMENT TO PROVIDE AIR CONDITIONING UNITS TO ROBERT KING HIGH TOWERS THROUGH CARRFOUR CORPORATION. C) DIRECT CITY ATTORNEY BY MAYOR CAROLLO TO MEET WITH HIM IN CONNECTION WITH CARRFOUR ISSUE, SPECIFICALLY TO DETERMINE WHERE FUNDS FOR ROBERT KING HIGH TOWERS' AIR CONDITIONING UNITS WOULD BE OBTAINED -- SEE LABEL 30. (D) BRIEF DISCUSSION REGARDING MIAMI ARENA PROPERTY WARRANTY DEED. Mayor Carollo: How many people are here for item two and three of this morning? OK, we have quite a large group that's left here so I suggest that we deal this as quickly as we can. Commissioner Plummer: Fine. What facet? You want to go to Economic Development or Housing? Commissioner Gort: Housing. Mayor Carollo: Well, let's go with two. My understanding was that we had finished... Yeah special, social programs. And, Mr. Clerk, if you could show me voting with that motion that I made the amendment to. Mr. Walter J. Foeman (City Clerk): Sure, Mr. Mayor. Mayor Carollo: Thank you. Let's go to Housing now. Commissioner Plummer: I have a problem, I asked Mr. Waters to look into. We've read about the problems existing with Habitat for Humanity for so-called mismanagement of funds whatever else, and I would be very reluctant to give any more funds to an organization that supposedly have a cloud. So I would ask that that money be taken out and at least be held in abeyance until the clouds have been cleared or in any way the matter cleared up. I'm surely not going to give money to someone who has a cloud hanging over them. 88 March 20, 1997 F Mr. Elbert Waters, Director (NET/Community Development): Commissioner Plummer. Commissioner Plummer: That's my vote. Sir. Mr. Waters: That group that you're speaking of it's Habitat of Humanities of Greater Miami. It is separate and distinct from Habitat of Homestead and therefore they are two different agencies. The one that is in... Commissioner Plummer: But they're all under, if I'm not mistaken. Mr. Waters: ... separate boards, separate governing. Commissioner Plummer: OK, all I would ask is that you do, and I have, you know I don't know anybody involved. Mr. Waters: OK. Commissioner Plummer: Is the fact that before you release any funds to this organization, you get a letter from the State Attorney that they're not under investigation. Mr. Waters: It will be done. Commissioner Plummer: That's the only one that I had, Mr. Mayor. Mayor Carollo: All right. Outside of the funding that you are showing that we have here, what additional funding do we have, Mr. Bert Waters? Do we have any other monies for the housing part of it? Mr. Waters: Yes, under a different category, Mr. Mayor, we have the HOPWA (Housing Opportunities for People with AIDS) program that's a part of this application. Under housing we have approximately four million and then the HOPWA program which is another specialized category, Housing Opportunities for Persons with Aids there is approximately eight million of which the City of Miami as I mentioned previously is the grantee and we administer that program Countywide. Commissioner Plummer: Let me ask a question here if I may. Mayor Carollo: Go ahead. Mr. Waters: Yes, sir. Commissioner Plummer: Some of that is for mortgage money, right? Is that correct? Mr. Waters: Yes. Commissioner Plummer: Now, if in such time that house is sold, does the money come back that we have allocated for the mortgage? Mr. Waters: I'm unaware to... Commissioner Plummer: I think it should. I mean, basically what we're doing is paying the mortgage for them and as such I think that once that house is sold that the City is entitled to bring that money back in for the purposes of future grants of dollars. 89 March 20, 1997 Ms. Linda Kearson (Assistant City Attorney): Mr. Plummer, we do not have a security interest in those homes. We are providing assistance to the individuals with AIDS. We do not hold a mortgage on the property. Commissioner Plummer: I understand. I'm not saying a mortgage. I'm saying that they sign an agreement that the monies that are allocated to keep that house alive for the purposes of habitation, that once that house is sold that the money that the City has expended should come back to the City. We've allowed them to stay there which is the main purpose, that they have a place to reside and that the City get the money back, go back into the fund for allocating to other people. I just don't understand why they should benefit from the City mortgage money when we're doing enough to keep them in a residence and that seems like to me that if this is to be a revolving kind of fund that in fact, the City should be entitled to be the recipient of those dollars. Mr. Gene Suarez: May I address that, please? Commissioner Plummer: Sure. Mr. Suarez: My name is Gene Suarez, I live at 800 West Avenue, Miami Beach. I'm the chair of the HOPWA Advisory Board. Commissioner Plummer: Yes, sir. Mr. Suarez: The number of people that we are assisting with mortgage payments is very, very small. Now I know it doesn't matter, but when you look at the amount of assistance we give which the maximum is five hundred dollars ($500) a month and for 12 months, really the equity part that you're paying in that mortgage is very, very small. As you know most of the money, when you make a mortgage payment, most of the monies is for taxes and... Commissioner Plummer: No, no, you're mixing apples and oranges. Mr. Suarez: No, but you're not paying any equity on the mortgage. Commissioner Plummer: You're mixing apples and oranges. It has no bearing sir on what I'm saying. What I'm saying is, is that if we give five hundred dollars ($500) a month for 12 months is six thousand dollars ($6,000), OK. It has no bearing on interest or in principle. That at the time that that house is sold that the City is entitled to get its six thousand dollars ($6,000) back to into the program to further... Mr. Suarez: Also, many times Commissioner what happens is that one member owns the house but when he passes away or she passes away the family resides there... Ms. Kearson: That's right. Commissioner Plummer: Sir, you didn't hear me. Mr. Suarez: ... so you're going to force them... Commissioner Plummer: I said when the house is sold. Mr. Suarez: OK, we maybe talking then implementing a plan that may take 20 years... Commissioner Plummer: That's fine. 90 March 20, 1997 r-- Mr. Suarez:... because once the person, the recipient of the assistance passes away the other people that may not be infected may continue to reside there for a very, very long time. Commissioner Plummer: I think the City has gone a long way, the federal government really. Ms. Kearson: Right. Commissioner Plummer: They're the ones providing the money, OK. Mr. Suarez: Right. Commissioner Plummer: To give a grant to allow that person to reside in that residence. Mr. Suarez: Right. Commissioner Plummer: Now, I don't think they have the right of a grant of another six thousand dollars ($6,000), that's my opinion, all right. I think that once that house is sold, whatever money the City has allocated should be returned to the City. Mr. Suarez: Well, I don't have any problem with doing that but what I'm saying to you is, the number of people will be very small and the money to implement... Commissioner Plummer: Do it. Mr. Suarez: ... a plan like this may cost more than what you're actually going to get back, but you know that's... Ms. Kearson: Well, Commissioner, I will certainly look into the legality of doing that. Commissioner Plummer: Sure. Ms. Kearson: But just to state for the record, these are federal funds to provide grants for these individuals. But we will look into the matter and see how it can be, if it can be accomplished. Commissioner Plummer: Well understand, I'm not trying to get the money back into the City coffers, I'm getting it into the same fund... Mr. Suarez: Right. Commissioner Plummer: ... for hopefully we will grant more monies out for the same purpose. Mr. Suarez: Absolutely. Mr. Waters: Commissioners, under the housing category, staff is recommending an allocation of five hundred thousand dollars ($500,000) for our Single Family Rehab Loan Program, five hundred thousand dollars ($500,000) for our Multi -Family Loan Rehabilitation Program. This amount represents a decrease from our last years allocation of approximately one million dollars ($1,000,000) of which that total last year was two million. Staff also currently also funds approximately nine Community Development Corporations and those CDCs receive administrative funding on the average a level of fifty thousand dollars ($50,0000) each. And these include Allapattah Business Development Authority, CODEC, Coconut Grove, Edgewater, Florida Housing Coop, BAME of South Florida, St. John, the Urban League of Greater Miami and Greater Miami Neighborhoods. Also, we provide funding to East Little Havana Community Development Corporation currently at a tune of approximately one hundred thousand dollars 91 March 20, 1997 ($100,000). The Habitat for the Humanities are also receiving approximately twenty-five thousand. Little Haiti Housing Association eighty -thousand. Only the Rafael Hernandez Economic Development Corporation received last year, two hundred thousand dollars ($200,000) of which fifty thousand was allocated for housing administration and one hundred and fifty thousand dollars ($150,000) to construct approximately six single family homes in the Allapattah neighborhood. Staff recommends today that we continue funding for approximately eight of those CDCs, and they are as follows: Allapattah Business Development Authority -- fifty thousand; BAME Development Corporation of South Florida -- fifty thousand; CODEC -- fifty thousand; East Little Havana CDC -- fifty thousand; Greater Miami Neighborhoods Incorporated -- fifty thousand; the Urban League of Greater Miami -- fifty thousand; Habitat for Humanity of Greater Miami -- twenty-five thousand and Little Haiti Housing Association, fifty thousand. In addition to the monies that are allocated for housing related activities staff is also recommending as a part of our undertaking of trying to improve our neighborhoods by making it more attractive and also beefing up in our code areas, we also are recommending a Citywide Code Enforcement for NET at a tune of approximately nine hundred thousand dollars ($900,000). This is for Citywide Code Enforcement of our zoning and sanitation. I might also note that currently that area is being funded out of the General Fund, so what the grant... what we are attempting to do is assist the City in relieving that obligation on the General Fund side by beefing up our code enforcement. Citywide lot clearance at a tune of one hundred and fifty thousand dollars ($150,000), again for clearing and cleaning the lots within our respective neighborhoods. Citywide prevention of substantial buildings. That is, if a building is unsafe it is... what we're attempting to do is to try to remedy that situation by providing removal of those unsafe structures at a tune of approximately two hundred thousand dollars ($200,000). We have the Senior Crime Prevention and Victims... z Commissioner Plummer: Now, wait a minute back up, back up. Mr. Waters: Yes, sir. Commissioner Plummer: Unsafe structures. Mr. Waters; Yes. Commissioner Plummer: There's one in Coconut Grove and I'll just use that one as the example. I think it's either Thomas or on Williams. The thing is burnt out about two or three months ago. It's not been boarded up, it's not fenced in, it's used every night for crack and nothing has been done about it. I can show you probably 25 buildings that come under the same category, they're being used every day including the old City of Miami fire station on 14th Street and Miami Avenue, it's another crack house. The reason it caught on fire, because what was going on inside. And yet I don't see any activity or move by the City to say to the owner of that property, you got to demolish that thing and if you don't we're going to do it and we're going to confiscate your property and put a lien against it. Mr. Waters: This, the amount that we're proposing Commissioner today is to beef that up. We need to speed it up. We need to take more control within our respective neighborhoods. Commissioner Plummer: Throwing the money at it is not the answer. Mr. Waters: Well, we got to be able to eliminate the problem and by placing the dollars within this proposal to remedy that situation staff feels that it's adequate. Commissioner Plummer: OK, I'm going to remind you every Commission meeting from this one forward until that house comes down. 92 March 20, 1997 Mr. Waters: OK, sir. Commissioner Plummer: Because, let me tell you something, the neighbors are upset, the house was burnt out and they're smoking coke in there every night. And it should be torn down by the owner or by us and assess the owner the amount of money, if not put a lien against the property. Mr. Waters: Commissioner, we will aggressively look into that and try to remedy that particular situation. Commissioner Plummer: It's bad. Commissioner Gort: Mr. Vice Mayor. Vice Mayor Regalado: On the housing. Go ahead, go ahead Commissioner. Commissioner Gort: Under housing, is this considered a home? Commissioner Plummer: Huh? Commissioner Gort: On housing under the CDBGs. Mr. Waters: The second part would be CDBG that we're speaking of right now. The first part was homes. The CDCs was home dollars. Our total grant... Commissioner Gort: My understanding... Mr. Waters: OK. Commissioner Gort: My understanding for home dollars we have four million two hundred and three. Mr. Waters: Correct. Commissioner Gort. Is that correct? Mr. Waters: Yes. Commissioner Gort: Out of that we are allocating according to your recommendation 2630. Two point two. Mr. Waters: No. You need to go to the next page, sir. The recommendation from staff is three point... Commissioner Gort: OK, three two, five, five. Commissioner Plummer: Where are you? Commissioner Gort: We still have four point two. What are you doing with the differences? Mr. Waters: Commissioner, if you would turn to page five of ten. No, you stopped in the beginning. Page five of ten under City Staff if you look at the bottom, the grand total under Home Program is the four point that I mentioned earlier. It's several categories. Commissioner Gort: OK, you're balancing out right. 93 March 20, 1997 L F Mr. Waters: OK. Vice Mayor Regalado: There are two housing projects here, number 15 and number 21. The City has invested many, many hundred thousands of dollars in those projects. These two projects are about to break ground and are we funding on the current level, these two programs, Florida Housing Incorporated and Rafael Hernandez? Mr. Waters: No sir, we are... Staff has not recommended those agencies for funding and one... and the reasoning behind that is the fact that we have basically said that there needs to be housing available to individuals on the market place. What we've said for those CDCs that are receiving housing dollars for administrative purposes through the City of Miami's program is that you need to be able to place on the market at least 15 units over the past three years, if not, then our staff recommendations will be not to recommend you for administrative funding. We have to set certain standards, we have to have products on the market so that we can provide this affordable housing for individuals who so desire and unfortunately there is a report card. Vice Mayor Regalado: So, are we going to lose the money that we invested? Mr. Waters: Are we going to lose the money? Vice Mayor Regalado: Yes. Mr. Waters: Lose the money in terms of the development aspect? Vice Mayor Regalado: Lose the money. Mr. Waters: No. There's two... Vice Mayor Regalado: If we don't fund it now, they won't have the ability to build the houses that they have to build and put to work the money that we have invested. Mr. Waters: Mr. Vice Mayor, what is available to those agencies, we're only speaking of the administrative side of it. Vice Mayor Regalado: I know that. Mr. Waters: Each agency is doing or proposing a development project of which within that development project one could look at the development fees as associated with that particular project and can draw to fund the administrative side. And in addition to that, we've not said that we're not going to participate or attempt to work with those agencies to implement those housing projects. What we were saying is from the standpoint of administrative dollars and from the standpoint of basically making the report card those agencies have not done so. Mayor Carollo: If I may, try to cut through some of the red tape? Besides the recommendations that we have here, from your Program Income Account, you could spare two hundred thousand, couldn't you, Mr. Waters? Mr. Waters: Commissioner, you... Vice Mayor Regalado: He doesn't need two hundred thousand, he needs one hundred thousand to fund at the tune of fifty thousand each of those projects. And we spoke about the need to tell these people that by July you have to be building, if not you lose all the money that they City... 94 March 20, 1997 F Mayor Carollo: Right, but this is the... 15, Florida Housing Cooperative Inc., right? Mr. Waters: Yes, 15... Vice Mayor Regalado: Right. Mayor Carollo: What I see here is. Vice Mayor Regalado: And Rafael Hernandez, I don't know. Mr. Waters: ... and 21 sir. Vice Mayor Regalado: And 21, Rafael Hernandez. Mayor Carollo: And 21. Yeah, that's fifty thousand for one and Rafael Hernandez is asking for... Vice Mayor Regalado: Fifty thousand because last year they received... Mayor Carollo: Fifty thousand they're asking for. Vice Mayor Regalado: Yes. Mayor Carollo: OK. There's 21 now. r: Commissioner Gort: Mr. Mayor, if I may? Mayor Carollo: If I may cut through the red tape real quickly? You do have, and again I repeat the question, two hundred thousand that we could pull from the Program Income Account? Mr. Waters: No sir, we have in the Program Income Account and what we spoke to earlier on in the day was the 15 percent that would be utilized for those social service programs. Mayor Carollo: But you got... Mr. Waters: ... Fifteen percent of that which was a total of three hundred thousand. We had... Mayor Carollo: But you got 65 percent. Mr. Waters: I'm sorry. Mayor Carollo: You still have 65 percent. Mr. Waters: And 20 percent of that amount is associated with administering the program and the balance of that would he used to refund the programs that the Program Income has been generating. That is, the building demolition as we demolish buildings and as we collect from that end that money goes back into that particular account for those purposes. As we collect on the loans through Miami Capital those dollars again go... are going back into the program for that amount. So, that's generally what we have there sir. Mayor Carollo: But you do have two hundred thousand dollars that we could use from that if this Commission so wishes? Mr. Waters: Yes, sir. 95 March 20, 1997 El Mayor Carollo: That's the question I'm making because I see it, you got one point three there? Commissioner. Commissioner Gort: Let me give you suggestions, and I don't know if it will work out, but my understanding is in talking with so►ne of those individuals, a lot of reasons they were not able to complete their houses because they had a lot of problems with acquiring the lots and getting the money and so it's a lot of going hack and forth between the City and them. My suggestion is, why don't we consider this as program income so they could he making money out of the development because we need to get this funding going. Mayor Carollo: Well... Commissioner Gort: We need to get these houses going. They're there, they got the lots, we gave them the money to buy it and they need to build it. Mayor Carollo: I'm going to make... Yeah, I'm going to make a quick recommendation. Commissioner Regalado brought up two items. Commissioner Gort: I've got one which is the... Number 12, East Little Havana. They have established, they have a tract record of all the houses they have built. They were funded at one hundred thousand dollars ($100,000) last year, this year they were cut down to fifty thousand. Maybe they could use it as Program Income. Mr. Waters: If I may? Commissioner Plummer: I got a question, Mr. Major. Mayor Carollo: Yeah, you're talking for another fifty thousand. Commissioner Plummer: Mr. Mayor. Mayor Carollo: OK. Commissioner Plummer: How many of these houses Bert, will he tax -exempted? Commissioner Gort: None. Unidentified Speaker: All of them. Commissioner Plummer: All of them are tax -exempted? Mr. Waters: All. No, not tax-exempt. Tax-exempt... Commissioner Gort: They don't pay taxes. Commissioner Plummer: All of them pay ad valorem? Mr. Waters: No, no, no. No, none. No sir, all of them would pay ad valorem. Commissioner Plummer: Thank you. Vice Mayor Regalado: So you say, you can use two hundred thousand dollars ($200,000)? We're talking here about three programs, fifty thousand each. 96 March 20, 1997 Mr. Waters: Mr. Vice Mayor, is I may? We have, and we haven't gotten to that point yet. You may recall that the Commission asked the administration to look at prioritizing City projects associated with the grant, of which we've done so. That's in the tune of approximately five million dollars ($5,000,000) for City related projects. One of the projects that we have identified centers on what we call interim assistance. That is, clean up. In other words we want to be able to get out because of the complaints that we've had reference to garbage and enforcement. We wanted to get out there a little bit stronger to do that. Staff had recommended approximately five hundred thousand dollars ($500,000) in that account, that's in Public Services and that's an area in which, you know, we can look at the monies for that was pooled from... -- at least recommended from our CDBG housing portion and therefore that's the area that staff would so advise. Mayor Carollo: I'm going to make a recommendation that from that Program Income Account we allocate fifty thousand dollars ($50,000) to the East Little Havana Community Development Corp., that's item 12. Fifty thousand dollars ($50,000) to Edgewater Community Development Corp., that's 14. Fifty thousand to Florida Housing Cooperative, Inc., that's 15. Fifty thousand to Rafael Hernandez Housing Economic Development Corp., which is 21 and fifty thousand to St. John's Community Development Corporation which is item 24. That's a total of two hundred and fifty thousand. You've got five at fifty thousand each. That's two hundred and fifty. Vice Mayor Regalado: Do we need a motion for that? Mayor Carollo: You will need a motion for that. Vice Mayor Regalado: OK, I'd like to bring the motion to fund these five programs at the level that Mayor Carollo has mentioned, fifty thousand for East Little Havana, fifty thousand for Edgewater Economic Development, fifty thousand for Florida Housing Incorporated, fifty thousand Rafael Hernandez, fifty thousand for St. John's Community Development Corporation. Mr. Waters: Let me... May I ask a question please? Mayor Carollo: OK, let's see if we get a second first? Commissioner Hernandez: Second. Mayor Carollo: There's a second by Commissioner Hernandez. Commissioner Gort: Discussion. Mayor Carollo: Under discussion from the Commission first. Mr. Waters: Yes sir, Mr. Mayor if... Item number 12, East Little Havana Community Development Corporation staff had previously recommended fifty thousand. Mayor Carollo: Fifty right. What we're doing is putting fifty more bringing them to their current allocation of one hundred. Mr. Waters: Fifty more, OK. I'll just... Commissioner Gort: My understanding is the Tri-City Community Association, Inc., is a community, a group that's providing maintenance and repair within the Allapattah Model City area? 97 March 20, 1997 Mr. Waters: Yes, sir. Commissioner Gort: And they were cut by 25. My understanding, their performance has been very well, very good. Mr. Waters: Their performance is well, sir. Commissioner Gort: And they were cut down by twenty-five thousand. Mayor Carollo: Who are you talking about? Mr. Waters: Number 32. Commissioner Gort: Thirty-two. Mayor Carollo: OK, let me... Commissioner Gort: They have been able to rehab a lot of the homes within the Allapattah Model City area and helped the.. Mayor Carollo: Yeah, they've been cut by 25. Commissioner Gort: Yes. Mayor Carollo: Well, we don't have much left to really give and still have that reserved. If you _want to include that as 32, put 25 on that. If the maker and seconder of the motion will accept that amendment. Vice Mayor Regalado: Yes, we accept that. Commissioner Hernandez: Yes. Mayor Carollo: OK, they accept it. Right, that's 275 we're up to. Commissioner Plummer: Have we changed the allocations while I was gone? Mayor Carollo: No, we're just... Commissioner Gort: Same more or less. Mayor Carollo: You know, we're basically listening to their recommendations, we've added two hundred and seventy-five thousand from the Program Income Account. OK. Vice Mayor Regalado: So the motion has been modified. Mayor Carollo: Yeah. j Vice Mayor Regalado: Has include the... Mayor Carollo: OK, any further questions by the Commission? Vice Mayor Regalado: No. 98 March 20, 1997 F Mayor Carollo: OK. Mr. Mariano Cruz: Yeah, Mariano Cruz, 1221 Northwest 26th Street, member of the board, elect representing Allapattah. I see that you're listening a lot to the staff recommendations and all those amount have been recommended already by the hoard. So I think that the board should be taking also not just staff recommendations because we are the ones that live in the neighborhoods there and know the people who... and have the meetings, the priorities and all that and the one that they got, they want Florida Housing, they want St. John's, the want Rafael Colon. All those they want. And, I see too that we didn't recommend anything for code enforcement. As you can see here, that staff is recommending nine hundred thousand dollars ($900,000) and then lot clearance and I can use specific examples. Like the Code Enforcement, they're not doing... I don't know what they're doing at the market for years and years at the plaza there in Allapattah, we have a lot of problem. And they even want to remove some of the money that we planned to use in solving that problem because they don't do it. Lot clearings, you go to 14th Avenue and 19th Street, the former Sun Bank drive-in, the old Midtown Bank, it's all overgrown. That lot has been bought by DA Credit Union. The lot that was before given to the City as a gift but somebody for the City forget to call there by phone so we couldn't get it. So, it's being sold and now it's all overgrown with weeds. So is that money going to be used to clean that? They're not using the money for that. The money is going to feed the nomenclature, that's what it's going to be feeding, the bureaucrats. And they're doing very little, the only thing they're doing is when they got a specific complaint, they're afraid. Like the other day they went to a certain island because somebody... that's when they go there, enforce. In the meantime, they stay in the ivory towers in the air-condition waiting for that call to go, a specific complaint. Mr. Waters: Mr. Mayor. Mr. Cruz: And that money, that money, the money. is taking going to Miami on the CDBG for the poor neighborhood, for the poor people should be used for to build housing, to solve our problems in the neighborhood not to salaries here. Everything is going to salary. Look here, about two million dollars ($2,000,000) in salaries plus seven hundred and fifty thousand dollars ($750,000) in item 4-2 for code enforcement, and what's they doing? I can take you to the market. I brought here a lot of pictures of that market. Like on Saturday you go there it was clean. Come Monday, same thing happened because people are going to the market and dumping garbage from other places. Dumping tires, dumping everything. They can work in conjunction with our Police Department, with all that protracted and complex investigation and use it to get a complex investigation on the market about what's going on there. And the laws are in the book, the DERM (Department of Environmental Resources Management) environmental from the federal and anti -litter state law. You don't have to create any new law, you can use the old laws in the books. And, you can go here and think of that, remember that I vote for many of you at a certain time and sooner or later you all have to go to reelection and we live in Miami. Thank you. Mr. Waters: Mr. Mayor, if I may again? To accommodate what the Commission has made mention of, the Program Income that was mentioned in terms of utilizing those dollars to fund the CDCs, if that takes place we have a tremendous impact on our existing programs. And what I may, might want to suggest is that in the area of what we call "interim assistance" for cleaning under Public Services and Facilities, we have recommended approximately five hundred thousand dollars ($500,000) in that count and that's based on the Commission's directive to focus on prioritizing City projects. So staff would recommend if at all possible that to accommodate those CDCs of which those dollars was pulled from housing to accommodate your wishes in terms of funding of those agencies that you just mentioned. Mayor Carollo: We need to try to move along as quickly as we can. How many additional people here need to speak? if I can see hands? One, two, three, four, five. There's at least five. Two minutes each please, thank you. Go ahead. 99 March 20, 1997 F Mr. David Alexander: Thank you, Mr. Mayor. My name is David Alexander, I'm executive director of Coconut Grove Local Development Corporation. We put in a grant application for sixty-five thousand dollars ($65,000). We were recommended for zero by the staff and fifty thousand by the Citywide Advisory Board. I'm here to ask you to restore the sixty-five thousand dollars ($65,000) because we're asking for money that we need to spend on behalf of the community in Coconut Grove. Mayor Carollo: The request that we have here that you put in was for fifty thousand. This is what was given to us. Mr. Alexander: I believe it was for sixty-five thousand, Mr. Mayor. Mayor Carollo: It says here fifty thousand. Commissioner Plummer: No, not what we have in front of us, five units. Mr. Alexander: Well, Mr. Mayor the Coconut Grove LDC has the ability to bring buyers to solve one of the problems that we have in Coconut Grove, St. Hugh Oaks. We're currently negotiating with Citibank to wrap around the City's financing to make those units affordable to low and moderate income families at one hundred and fifteen thousand dollars ($115,000) Mr. Mayor. Those units have been sitting; in this community for a long time. We've been locked out of the box by the City of Miami and the City then turns around and says, "Well, you haven't built "X" number of houses in the City of Miami during the last three years." I'd just like to speak on behalf of my community corporation. We're in fact, a premier builder in Coconut Grove. We're in fact, the only people who are building apart from the City of Miami in Coconut Grove. For us to be penalized because the City wants to take the money to pay its staff people to run the housing department is not fair. Right now the City takes 20 percent off the top to pay its own employees to administer programs that they used to criticize CDCs that are building housing without money. I'd just like to call to your attention that on Monday morning we're inviting this Commission, and I know J.L. is interested to come to the grand opening of Grove Point in Coral Gables. We have built, inspite of every difficulty in the world, 40 single family homes in a Coral Gables neighborhood that started after St. Hugh Oaks started. We tried to get that project from the City of Miami, the City board overruled us, the department became the developer. That same department is now criticizing us for not building houses in the City of Miami. Mr. Mayor, the system does not work equitably, it does not work. I'm asking you today to do the right thing, fund us to do housing in the City. We're now producing housing, as Mr. Hepburn can tell you, in the City of Miami primarily with funds that we have borrowed to do this for this purpose. It's not right. The second thing I'd like to say to you is that, you know, there are times you have to question what's presented to you. I believe that a set of arbitrary guidelines used to kick out CDCs to build housing in this community does not benefit the City of Miami. It's hard to build houses. Mr. Mayor, if you ever try to pull a permit to build an affordable housing in the City of Miami, you'll get to understand what it is. Worst in Coconut Grove. Try to pull a permit to do a commercial facade on Grand Avenue, you know, it's not apples and oranges, Mr. Mayor, this is a difficult job CDCs do. Commissioner Plummer: David. Mr. Alexander: Bottom line, Mr. Plummer, is I need some money. Commissioner Plummer: Are you aware that what you're asking the grant for? Mr. Alexander: I need fifty thousand dollars ($50,000) to operate my office from housing for CDBG, sir. 100 March 20, 1997 Commissioner Plummer: That's not what is here, and that's why I'm asking do you know what is outlined here as to what you grant is to be for, OK? Mr. Alexander: To conduct housing development in the City of Miami boundary. Commissioner Plummer: No, no. It says rehabing five units of rental property at 3582 Grand Avenue. Mr. Alexander: Oh, that's part of a work program, Mr. Commissioner. We're going to do that anyway. Commissioner Plummer: Well sir, that's all you're in here for. Mr. Alexander: We're going to do that whether we get funded or not. Commissioner Plummer: Excuse me. Mr. Alexander: That's not what the City uses to judge whether or not we are going to get funded though. Commissioner Plummer: Am I right, that's the only application they have in here? Mr. Waters: Yes, sir. Commissioner Plummer: That's all you have in here David. And if you got any money that's what it has to go for. Mr. Alexander: The money goes for admin, Mr. Plummer. Commissioner Plummer: No, sir. Mr. Alexander: Yes, it does sir. It's administrative funding, it's not project money, OK. This money is to run the administrative operation, that's what you're funding today. You're not funding any projects. Commissioner Plummer: Are you telling me five units at ten thousand dollars ($10,000) a unit is administration to rehab a unit? Mr. Alexander: The administrative... Commissioner Plummer: Because if you're telling me that, I'm in the wrong business. Mr. Alexander: No, sir. What I'm telling you is, the City has not been overly inclusive in what Coconut Grove LDC is producing. We have in fact, produced five single family homes in the City of Miami using private sector money and using the City's money as wrap around with Wind and Rain during the past year and a half. You don't see those numbers in front of you. When we came to ask the City of Miami to give us land, Mr. Commissioner, there was a deal cut and the land was given to private sector operators to build houses in Coconut Grove using the Coconut Grove LDC as a source for the buyers, that is what you're paying us to do, Commissioner. You're paying us to help people who qualify to build and buy houses, that's what you're paying for. The grant application is based on the analysis of the 3650 Grand Avenue project. It's not fair to judge us on that, Commissioner. The bottom line is, I can help you with the problem that you have right now today three years after you've finished a major, probably the best projects 101 March 20, 1997 L F that has been built in Coconut Grove in a long time. Those units are sitting there and can't get sold. This CDCs has been locked out, I mean locked out because the City of Miami wants to be the developer in West Coconut Grove. It is not fair, sir. Mr. Waters: We're not in the development business, Commissioners. We... Mr. Alexander: Not anymore, you're not. You're not there anymore. Mr. Waters: ... and we stopped that. For clarification also regarding the grant. Twenty percent of the grant is used for administration which is approximately two point six million dollars ($2,600,000) of which one point three million dollars ($1,300,000) last year was paid for indirect cost to the City's General Fund. Indirect cost would be any individual who actually works on it from persons dealing with payroll, from individuals who represent us as the City's Attorney Office to individuals who are preparing checks and the likes. So, we're not top heavy in that regard. We've kept i.t down to a minimum from the standpoint of what we're attempting to do, we're presenting to you a rational basis in terms of how we were able to come to the recommendations for this purpose and... Commissioner Plummer: How is the gentleman, and I forget his name, that is building houses right after left in Coconut, West Grove. He's not asking the City for any money. He doesn't get the house finished and the place is sold. How is he doing it and others can't? Mr. Alexander: Because Coconut Grove LDC guarantees him a buyer and financing, Mr. Commissioner. Those buyers buy those houses because we prequalify them and we bring them to the table. Commissioner Plummer: Is that a true statement? Commissioner Gort: Let me ask you a question. Commissioner Plummer: If that's a true statement, let me tell you... Commissioner Gort: Excuse me, J.L. Let me ask a question. My understanding is you can sell the rest of the houses in St. John? How many houses are left? Mr. Waters: That's different. St. John, that's... Commissioner Gort: St. John. I got a question. Mr. Waters: Oh, OK, I'm sorry. I'm sorry. Commissioner Gort: How many houses are left at St. John's Oaks to be sold? Mr. Alexander: I believe there are 12 or 13 Mr. Commissioner. Ms. Kearson: Fifteen. Mr. Waters: Yes, 15 sir. Commissioner Gort: They have not bee sold. Commissioner Plummer: Correct. Ms. Kearson: Right. 102 March 20, 1997 F Commissioner Gort: You say you can sell all 15? Mr. Alexander: I can sell four now. Commissioner Gort: What's the commission on that? Mr. Waters: Five percent. We have an exclusive broker now and so that five percent will be split between the exclusive broker and the entity that's selling. The only caveat, Commissioner Gort is that if an individual who wishes to receive a commission from the sale of those proceeds must have a real estate license that's approved by the State of Florida. I mean... Commissioner Plummer: What about the organization? Mr. Waters: The organization still must. The organization must have a license through the Florida Real Estate Commission in order to do that. Commissioner Plummer: Why don't you speak to the realtor and they both benefit because nobody is benefiting now. Mr. Alexander: I'd just like to say for the record that we are prohibited from competing in the private sector with private sector brokers. So our 501C3 in essence prohibits us from charging a fee of that kind. Let me just say, Commissioner, I believe that the request for sixty-five thousand bucks which somehow turned into fifty, I'm sorry, my fault, OK. I believe that that's a very reasonable request considering what we're doing in our community. The funding from housing is crucial to our being able to keep our doors open. That's why you see me here today. If we didn't need this money to stay alive Commissioner, I wouldn't be here asking for it. And the bottom line is I use the money to pay my staff. Coconut Grove LDC raises one third of its budget in the private sector as grants and donations to our Community Development Corporation. If we don't do that, we have to shut our doors. If you take the money we've asked for and not give it to us, despite it was recommended by the Citywide Board, you in effect, you put a severe cramp in my ability to operate that business. Thank you. Mayor Carollo: All right. David, we're heard you. Thank you. Mr. Alexander: Thank you, Mr. Commissioner. Thank you, Mr. Mayor. Mayor Carollo: Surely. Mr. Clerk, I want to follow strictly the following rules, two minutes for each person and five minutes for discussion from anyone and everyone, total. Maximum. Thank you. Go ahead. Ms. Ana Rodriguez-Tejera: Good afternoon Mayor and Commissioners. I would like to begin by thanking you for the motion to put us back at last year's level. I'd like to mention that the reason that we did request one hundred and fifty thousand is because we did expect our multi- year grant from two foundations to end this year, which means we have to go out and raise an additional one hundred and fifty thousand. It's not that we were just being greedy but that we really anticipated that we needed it. And then the other thing I want to say is, in reference to the point that Commissioner Plummer brought up on property taxes, I'd like to say to you on behalf of us and the other CDCs that all of these properties being developed will be generating property taxes for the City of Miami and the County and the School Board. And I did take the time to do a study of what we're generating for the City which I have forwarded to all of you so that you see the returns that these investments have on the City. The other issue that was raised or that was hinted at is development fees. In terms of the homeowership projects, I'd like to mention to you that the homeownership projects for them to be feasible in these neighborhoods typically 103 March 20, 1997 requires some kind of grant and development fees are nonexistent. We generate these projects at break even and operate as a result of the funds you all provide us. The only developments that do generate considerable and substantial development fees are those that are rental projects financed through tax credits. So that's very important to keep that distinction in mind. Tax credit projects do generate development fees. And the other thing I'd like to mention is in terms of code enforcement and removal of unsafe structures, we believe that probably the property owner should pay for that and if they don't, property should be taken away, passed on to the CDCs, we'll develop them for the City and generate property taxes. Thank you. Mayor Carollo: Thank you. OK, go ahead, sir. Mr. Emmanuel Onabanjo: Yes, Honorable Mayor, please for the record I'm representing three different agencies and I would need six minutes please. Mayor Carollo: I'm sorry. Mr. Onabanjo: Three different agencies. Mayor Carollo: I'm sorry sir, you've got two minutes. Mr. Onabanjo: OK, yes. My name is Emmanuel Onabanjo. Town Park Plaza North, Town Park Village and Town Park Plaza South. These three different coops applied for physical improvement grant. For the North we applied for seven hundred and fifty thousand and for the village we applied for one million dollars ($1,000,000) and for Town Park Plaza South we applied five hundred thousand. The board recommended Town Park Plaza North for fifty thousand; Town Park- Village for fifty thousand and Town Park Plaza South for thirty-five thousand, and there was no recommendation from this City staff. This is kind of confusing because we are really... We applied for physical improvement and we're now being placed under Housing Development and Rehabilitation. I am pretty sure this is a mix up and I want this to be checked into, and we really wanted the Commissioners to please look into our plight because... Commissioner Gort, we're very grateful to you for coming to our property in August when we wanted you to know the condition we are over there and it's very... It's not going to be of any help to us for this little money that is given to us. Town Park Plaza South has never come to this CDBG (Community Development Block) Grant before, this is the first time. And even the Coop has to spend thirteen thousand dollars ($13,000) out of pocket to fix the sidewalk around on the property when we need improvements. This type of money, we're promised to get it back but we did not. So, we're asking the Commissioners to please look into the plight of these coops and give us a recommendation by the staff. Commissioner Gort: Mr. Mayor, I'd like to add we did have a meeting with HUD (Housing and Urban Development), with the representative of HUD, Mr. Seon (phonetic). My understanding is we're going to give you a call, we're going to get together with you sometime next week. Mr. Onabanjo: OK. Commissioner Gort: If you recall, you all are making certain payments... Mr. Onabanjo: Yes. Commissioner Gort: He's trying to find out how that money can be utilized to put back into... That's what we discussed at that time. Mr. Onabanjo: OK. 104 March 20, 1997 Commissioner Gort: So, we've got an answer for that. We're going to be getting together sometime next week, I talked to him on the phone so we can go over it, one of the criteria and guidelines so that we can utilize those funds, OK. Mr. Onabanjo: Thank you, Mr. Mayor. Mayor Carollo: Thank you. Reverend Nevin. Mr. Henry Nevin: Mr. Mayor, my name is Henry Nevin and to the other Commissioners. I just would like to say thank you very, very much for what you've done. Although we are still in limbo because that is very, very small for us for what we're doing. I do know that the Commissioners know what we're doing in Overtown and we want to continue. And I would like you to know that the reason we haven't been building houses is because we were stuck. We have a lot of things since we have our new director, Mr. Benjamin but we are in problem. I do not know where we are going from here, we can do some things but some... but we're going to be slowed up. I just do not know what to say but I would like to say again, thank you and I've seen some things here that I asked the question this morning about the agency that received money from Overtown, and it's not true. The monies will be going somewhere else but not in Overtown. We're not getting anything in Overtown. There is a hole, I see where they are going to fix sidewalks. There's a hole at 17th and 3rd Avenue, it's been there for about 20 years, it has never been fixed. Mayor Carollo: Where at? Mr. Nevin: Seventeenth and 3rd Avenue. The hole has never been fixed. Mayor Carollo: But where's the hole at? Mr. Nevin: It's at seventeenth and 3rd Avenue. Mayor Carollo: Right in the street? Mr. Nevin: In the street, right in the street. It has never been fixed. Mayor Carollo: You make a note of that, please? Mr. Nevin: It's been there 20 years. It's been there 20 years. Mayor Carollo: Can you make a note of that, you know? And get someone over there right today and see what... Mr. Weeks: Yes, sir. Mr. Nevin: And we do not get anything, Mr. Mayor. We do not get anything in Overtown and Overtown is where I think the money is coming to and to have all this money being spent and nothing in Overtown, I need to really talk to you more about that. Because that's very, very bad for us. Thank you very much for what you have done and I need to talk to you more about it. Thank you very much. Mayor Carollo: Thank you, Mr. Nevin. Commissioner Gort: Mr. Mayor. Mayor Carollo: Yes. 105 March 20, 1997 L F Commissioner Gort: In following with what you stated this morning, Reverend Nevin. Mr. Nevin: Yes, sir. Commissioner Gort: In following what the Mayor said this morning, he says you go hack because according to the documents that we have here, Overtown I understand where it's coming from now gets one point six million dollars ($1,600,000). So this is... You need to go into these agencies receiving the money and see what's being done and come back to us and you can decide if you can do better. Mr. Nevin: But who is getting it, Mr. Gort? Who is getting it? Commissioner Gort: Well, they can give you the breakdown but we have that in here. That's why I asked the staff to give you the allocations that we've get here. Commissioner Plummer: Yeah, but there's a lot of other things Reverend, that you know, that are not right here with us now. For example, we spent an awful lot of money on that market and that... the market over where the City is... Mr. Irby McKnight: The shopping center. Commissioner Plummer: The shopping center, OK. Now, you know, that doesn't show here in a community kind of a thing. But those are City dollars that went into that place to keep that place open and keep it alive. =..Commissioner Gort: Yes. Commissioner Plummer: And so those are monies that are spent in Overtown. Mr. Nevin: But we are not running it, Mr. Plummer. Mr. McKnight: We didn't ask for it and didn't want. Commissioner Plummer: I understand you're not running it. Mr. Nevin: And Mr. Plummer, I give you credit because I've seen you in Overtown. Commissioner Plummer: Yes sir, you sure have. Yes, sir. Mr. Nevin: But we have some people that work, getting money out of this that they don't know anything about Overtown. Commissioner Plummer: OK. Mr. Nevin: And we need representative... Commissioner Plummer: Well, put them at my salary at five thousand a year and maybe they'll start learning. Mr. Nevin: You need to fire all of them. As the Mayor said this morning, get a bulldozer and get rid of all of them and put people in there that are mindful of how to work in Overtown. Because we're trying our best for the community. If I should take you to see some people living in Overtown that we're trying to do better for them you'll be surprised. You'll be surprised how they're living and we're trying. 106 March 20, 1997 l—. Ms. Kearson: Reverend Nevin, could you speak into the microphone please because we can't pick it up. Mr. Nevin: He cut me off. Ms. Kearson: Oh. Mr. Nevin: What I'm saying is, you'd be surprised to see how some people are living in Overtown. We're trying to improve their living condition and to cut us off... We are in the process of building 263 units and to cut us off now because of... You don't know anything about Overtown, that's very, very bad. Commissioner Plummer: What are you getting from CRA (Community Redevelopment Agency)? When I say... not you personally but Overtown. That's, you know, that's another fund of money that there are projects going in. Mr. McKnight: Mister... Commissioner Plummer. Commissioner Plummer: Yeah. Mr. McKnight: This Commission just took the land back in Overtown from the CRA under the Arena. That was a cash cow for Overtown but now that you have reverted that land back, Overtown will get nothing from the CRA. Commissioner Plummer: Oh, I understand that. Mr. McKnight: OK. Well that's what we... Well then that's what we get from it. Commissioner Plummer: No, I understand that. But you're speaking to a specific piece of property. I'm speaking to the revenues generated by the CRA. Part go for Overtown and part go for Park West, if I'm not mistaken. Mr. Waters: Yes, sir. In terms of... Commissioner Plummer, in terms of what the CRA currently receives from the City is one hundred and fifty thousand dollars ($150,000) for their administrative purposes. Mayor Carollo: Irby, can I correct something? Someone gave you a lot of bad information because the City took back the land that we gave at the same price that we gave it to the CRA, zero. So you haven't lost the three hundred thousand dollars ($300,000), that's coming from a totally different account. The three hundred thousand dollars ($300,000) is still coming, so whoever told you that, tell them they're wrong. Mr. McKnight: Oh, they didn't say... No one told me that sir, I just watched the proceedings when that happened and then I did a little brainstorming and remembered that in order for the CRA to actually be viable it had to have a mechanism that would raise its money and I thought if you took that back... Mayor Carollo: No, no, no. Mr. McKnight: Well, I'm glad to know the three hundred thousand is there. Mayor Carollo: Three hundred thousand... L 107 March 20, 1997 Mr. McKnight: But what happened to the two million transferred to the General Funds? Mayor Carollo: The three hundred thousand is still there Irby, it's got nothing to do with that. Mr. McKnight: I'm glad to hear that but let us try to get... What about the two million transferred to the General Funds before you started running the show? Mayor Carollo: Well... Mr. McKnight: This is not your ball of wax. Mayor Carollo: Yeah, I can't answer for that. Just like I can't answer... Mr. McKnight: But help us get that back. Mayor Carollo: Yeah. Well, that's one you and I will have to sit down on later, with more time than what we've got now. Mr. McKngiht: OK, we're going to be good friends. Mayor Carollo: But, the bottom line is, those three hundred thousand is still coming every year to you. Mr. McKnight: Very good. Mayor Carollo: And the City is going to get five point nine million once we sell that, approximately. All right. Mr. Nevin: I don't understand, Mr. Mayor, and I thank God for you because since you've been here it look like there's a light in the tunnel, but we're not getting anything in Overtown. I mean absolutely nothing, and the people are suffering. We have hungry people over there. Our daycare, just to mention the daycare. Our daycare is the oldest in Overtown. And we have been, our church is broke because we have been trying our best to finance it. And we have poor children, poor people in Overtown. They are very, very poor and we need the help. Mayor Carollo: We understand what you're saying and we're going to keep trying our best to find some additional dollars. Mr. Nevin: Thank you very much again, sir. Mayor Carollo: Thank you. Mr. Nevin: Thank you, thank you. Ms. Mary Darcelin: Good evening Mayor, Commissioners. Mayor Carollo: Yes, ma'am. Ms. Darcelin: My name is Mary Darcelin, I'm the president of Town Park Plaza South. We are a multiple housing coop built in 1971. We have 116 units and there are a lot of needs, physical improvements to be done. We are requesting for five hundred thousand dollars ($500,000) for physical improvements for purposes of residing drainage problems in our community, landscaping, grounds beautification and irrigation sites, upgrading our interior lightings, upgrading electrical underground cables from aluminum to carpet wires, carpet. We appeared 108 March 20, 1997 --i to the Commissioner to consider our request for the five hundred thousand dollars ($500,000) for physical improvement. Mayor Carollo: We thank you for coming here ma'am, making the request. We'll consider it. We don't have a quorum right now but we've heard your request. It's the same one that the gentleman made before when he represented all three groups. Ms. Darcelin: Thanks. Ms. Clara Wallace: Mayor. Mayor Carollo: Yes, ma'am. Ms. Wallace: Mr. Mayor and the other Commissioners. I'm here today... My name is Clara Wallace and I'm Town Park Village Daycare. The daycare is located at 520 Northwest 17th Street, Apartment GA, and I'm here today for you all to reconsider of giving us more money to get started because we are new on the block and we would like to know if you would give us more money than thirty-five thousand dollars ($35,000) because we asked for two hundred thousand, you gave us thirty-five. Well, you haven't given us anything and so I would like to know t ould I get some money to get started with our daycare because we have welfare recipients there and they cannot go to work because they can't afford to take and pay for their children and that daycare opened for welfare recipients to go out and get a job and go to work. And that is what that daycare is for and I'd appreciate it very much if you will give us some money to get started. Thank you. Mayor Carollo: Thank you, ma'am. Ms. Lizette Rodriguez: Good afternoon Mayor and Commissioners. My name is Lizette Rodriguez, I represent Florida Housing Coop. I wanted to thank you for recommending us for the fifty thousand dollars ($50,000) that the staff have now recommended. And I wanted to tell you that we assure you that we will produce the housing. We have the financing in place, OK. There are certain delays associated with this that our organization wasn't responsible. For example, it took almost 11 months for surtax to approve one of the fundings that we had requested and that delayed our whole project. Also, I wanted to reiterate the point that was made before. Our CDC, on paper it seems that we'll get development fee, but we never end up getting a development fee because it's always put back for the program to break even. Right now we're going into the permitting process, OK. And we hope that once it's in the City of Miami we'll be able to get a permit rather quickly so we could begin construction. But none of those things are under our control. So, I don't know, the only thing I could do, I have been doing this for a long time and staff has been very helpful to us, especially I would really like to thank Mr. Hepburn who has really helped our project turn around. He has really worked with us and we really wanted to thank him for that. And we think that we've turned this around and we'll be able to produce for you. We wanted to thank you and we hope in the future maybe there could be some sort of consolidated process where people who develop housing can go for funding because what happens now is that the funding is from so many different sources and everybody has a different time period and sometimes that slows down your ability to produce the housing. Thank you. Mayor Carollo: Sure, thank you. Commissioner Gort: Mr. Mayor, I would like for staff to suggest that some of this economic development and housing units to out it as part of the project cost and some fundings for them and for administration because things are going to get worse. Commissioner Plummer: Well, I have a question. I'm assuming you do audits. Does the staff maintain any control over administrative cost... 109 March 20, 1997 L Mr. Waters: For the CD? Commissioner Plummer: ... of how they spend their money? Mr. Waters: Yes, sir. The program stipulates how the money is to be spent as it relates to administrative. Commissioner Gort: What percentage? Commissioner Plummer: Also... Mr. Waters: And we monitor... Commissioner Plummer: But I'm saying, if they've set aside 20 percent for administrative cost, do you have any control over how they spend that money? Mr. Waters: Well, when they submit their request for reimbursements to the City that's... if the area is high or if it's an item that is noneligible for reimbursement, we so deny it. So that's the checks and balances that's associated with the projects. Commissioner Plummer: OK, all right. I just want to make sure that that's there. What are we waiting; for? Vice Mayor Regalado: Mr. Mayor, if I... OK, just a question to Mr. Waters, I would like the Mayor to hear. Do you still have more money that can be used for other programs? We're talking about the two million dollars ($2,000,000) of the Program Income? Mr. Waters: The balance of the Program Income again, we did 15 percent this morning, 20 percent of the grant of two million dollars ($2,000,000) is used for administrative purposes and the balance is to refund those agencies and programs that generate the income, i.e., building demolition is one, Miami Capital in terms of their loans repayments as those come in, that money is used... that's Program Income. It is used to reloan within our respective community there and the housing monies from the loans that we receive again, is used to go back into the program. So... Vice Mayor Regalado: Do you have any program that has not or doesn't have to be approved by the City Commission? Mr. Waters: A program that does not? Vice Mayor Regalado: Yes. Mr. Waters: No, sir. Vice Mayor Regalado: Do you give any grants of that money to any agency or any, say twenty- five thousand dollars ($25,000) or less? Mr. Waters: We have what is called the "Single Family Rehabilitation Program" for those individuals who meet program requirements. They can receive fifteen thousand dollars ($15,000) to do home improvements. They may need a roof completed, it could be an air- conditioning, it could be plumbing whatever. Those grants under the program are available as a loan and in some instances if the individual meet certain HUD guidelines that could also be converted into a grant. We have a loan committee that has been established to basically review 110 March 20, 1997 L those applications that come in under the category of which we call "Single Family Rehab and also Multi Family Rehab." Vice Mayor Regalado: So you're saying that you do not have not a single penny more for us to distribute of the Program Income? Mr. Waters: No, I've just indicated where the Program Income comes from, sir. That money is there. I've only given you the caveat that that money is earmarked to replenish those programs that generate the Program Income, that's all I'm stating. Mayor Carollo: Let me, if I may before you proceed bring something up to the attention of the Commission that we have to deal with sooner or later. Back in June of '96, there was a resolution that was passed in an agreement with Carrfour where we agreed that we will provide five hundred thousand dollars ($500,000) to Robert King High in buildings for air-conditioning and at the same time that we will provide four thousand five hundred dollars ($4,500) to each of those respective organizations, tenants groups of those two buildings. Now, this is an agreement that we made back when the Carrfour situation was coming and right now I don't know of any other place that we could keep our part of the agreement than from those dollars that we have here. If you remember, Mr. Weeks, I had brought this up to the administration's attention. Since nothing was ever done, you know, whether we were under the impression that it had been allocated we have found now that it was like many other things and this is not part of the deficit that we calculated we had. Mr. Weeks: Mr. Mayor. Mayor Carollo: So I guess you could say it was sixty-eight million five hundred thousand dollars ($68,500,000). Mr. Weeks: Well sir, we're not ready to say that that is the City's liability or obligation. We have... Mayor Carollo: Yeah, but woa! Let me say this to you. You might not be willing to say it, but I am telling you that this was a resolution that was approved, they committed us to it. I realize that it's HUD that owns those units there but nevertheless we made a commitment in public and we need to deal with it. So before we get into the rest of the dollars that are in the Program Income Account, that's one that we have to deal with. Mr. Weeks: All right. Mr. Mayor, there were some legal questions surrounding that, that we have asked for legal interpretation as to what the extent of the City's obligation and when that commitment has to be honored and we're awaiting that determination. Ms. Kearson: We can tell you that. Mr. A. Quinn Jones, III, Esq. (City Attorney): We can tell you that right now. Mayor Carollo: Mr. City Attorney. Mr. Jones: Yes, sir. Mayor Carollo: Can you come to the mike, please, if Linda will let you? Commissioner Plummer: We get something ugly for something pretty. Mr. Jones: Yes sir, Mr. Mayor. 111 March 20, 1997 Mayor Carollo: When will you determine what the resolution that this Commission agreed to? Mr. Jones: Well, I can tell you right now, Mr. Mayor. The resolution and this Commission did not specify any year in particular the money was supposed to come. I think the problem that has come about is that they've tried and they've sought money or whatever funds that was supposed to be coming from Dade County which my understanding is in the nature of millions and what Dade County has told them is, "Hey, until the City of Miami gives you what its promised to give you then we're not going to give you one dime." But the legislative will here, you did not specify, and the record I think is clear, that you didn't specify what year or when. You just said that, you essentially said that you'll give them five hundred thousand dollars ($500,000). Mayor Carollo: Can we meet on this early next week because you're giving me a political answer and Mr. Weeks is giving me a legal opinion and the roles are being all mixed up on this one. Mr. Jones: No, I'm... Mister... Mayor Carollo: And I just want to make sure that we put aside those funds from this account that's there, that it is not going to be touched because if we have to pay that by the agreement that we had in this fiscal year, then I then want to incur any more debt for the City. I want to have the money from that account. Commissioner Hernandez: Mr. Mayor. Mayor.Carollo: Yes. Commissioner Hernandez: I'd like to follow up on some questions that Commissioner Regalado was addressing. Last time we were here, in our last Commission meeting I addressed the issue of Program Income based on the fact that a lot of people were asking for money that supposedly we did not have and they are well deserved of that money. At the time there was no answer to my question whether there was, the two and a half million dollars ($2,500,000) that we had in Program Income a portion of it could be used for social services. Later on that week we had... We received an answer in my office that we had three hundred thousand dollars ($300,000) which was under my impression from reading the rules and regulations of HUD, that's exactly what we would get, 15 percent of the two point five million. The question that is posed by Commissioner Regalado is the question that I have, is that if we have then an excess of two point two million whether we can use those two point two million for these housing projects? My impression is from reading the rules and regulations is that yes, we have the authority or the right to use that two point two for these housing projects. Now, do we have a yes or a no to that? Do we know off hand? I mean from reading the rules and regulations it seems we can use the two point two million for... to fund these other projects, like people that were here five minutes ago. Mr. Waters: Commissioner Hernandez, the Commission can use those dollars for that purpose. The administration however brings forth this caveat is that those same dollars that we are discussing this morning would have an impact on existing program. Yes, you can do it but it would impact again, Miami Capital in terms of the loans that are implemented by that agency. Our demolition for unsafe structures, it would impact that amount and that's within your purview. Commissioner Hernandez: What are we going to do with those two point two million dollars ($2,200,000)? Do we have a plan for that? Do we know what we're going to do with that 2.2? Mr. Weeks: Mister Commissioner, the very dollars that are being reallocated today are the dollars that come from... These dollars being put to work by Miami Capital for loans and by the 112 March 20, 1997 L Single and Multi Family Rehab Programs. Iti we take those dollars and reallocate them today, next year in all likelihood those dollars won't be there because we would not have had those dollars to give out the loans to generate the very same Program Income. Commissioner Plummer: Yeah, I would say to you, don't mess with the money with Miami Capital. Really and truthfully that money is money that has got to be there because of so many places... How many times? Well, you all haven't been here as long as I have. You know the only relief in many, many cases is, send them to Miami Capital and if you don't give them the money now and on an annual basis, ain't no use sending them because there ain't going to be any money there, the cupboard is going to be bare. Vice Mayor Regalado: Then we have the other question of how much we get back from the loan. Commissioner Plummer: From Miami Capital? Vice Mayor Regalado: No, no, from the loans that we get. Commissioner Plummer: Oh, oh, OK. Well, you know, it depends on whether you make good loans or whether you send over there loans that we make them make and they're not good loans. You know, I remember the loans that we... Vice Mayor Regalado: Yeah, but, J.L., and Commissioner Hernandez was raising a question that I want to follow-up. It's just... OK, we can use that, yes, we would not mess with Miami Capital. But still nobody has told us exactly the money that we have in terms of Program Income. Why is it that the years before we had at least three million and you're telling us that we have now less than three million. Mr. Waters: If my memory, I wasn't on board at the time but if my memory serves me correctly, the reason behind the Program Income having a large jump which was approximately three million dollars ($3,000,000), that was attributable to Hurricane Andrew. A lot of... Vice Mayor Regalado: I am sorry '91, three millions. And Hurricane Andrew was not even formed in Africa. Ninety-one, yes I can tell you, I can tell you for a fact. I went to check in Washington with some people, '91 three million dollars ($3,000,000), '92, '93, '94 and now you tell us we only have two. Commissioner Plummer: Well, I think maybe, and I don't know the answer but maybe because the City is using more of the CDBG money for its own purposes that they did not in the past. For example, well let me give you and example. You know, Code Enforcement is a clear example where it used to be getting "X" number of dollars 450, it's now getting nine hundred thousand dollars ($900,000). So that's a half a million dollars ($500,000) right there alone that is less money to operate out with. You take other programs that are in here and you know this was all, it was explained to me the other day, this is all part of the Stierheim Recovery Plan that you've already approved that's now coming home to roost, all right. Now, you know... Vice Mayor Regalado: But, but... Commissioner Plummer: ... as it's been said before, it's going to be said again. There's going to be some bullets to bite around here. Vice Mayor Regalado: Several years ago this City funded a lot of programs and Commissioner Plummer: But no, those are outside programs. 113 March 20, 1997 L Vice Mayor Regalado: I know. Commissioner Plummer: What's eating up the money now is much of the money that is being diverted back into support City programs. You have a million, what is it? A million seven in the housing... of the projects that you're putting in on the Stierheim Recovery. Mr. Waters: Yes, that's coming. That's the item that's coming before you in a few minutes. Commissioner Plummer: Yeah, the point if you went and sat down with each item Tomas, I think you would find the greatest impact on that drop in three to two million is that they are sponsoring more and more in-house City programs paid for from those monies. Mr. Waters: Commissioner, if I... Commissioner Hernandez: Commissioner Plummer. One second Bert. The problem that I'm having and I think Commissioner Regalado is having is, let's face it if I had not brought up this issue of Program Income last time... Vice Mayor Regalado: That's true. Commissioner Hernandez: ... the administration had not offered us an extra three hundred thousand dollars ($300,000) this time around. Commissioner Plummer: Oh, I hear you, I hear you. Commissioner Hernandez: And that's he's worried about and that's .what I am worried about right now because there's two point two million dollars... Vice Mayor Regalado: It could be more. Commissioner Hernandez: And it could be more. Commissioner Plummer: Well, but are we getting ahead of ourselves? This is only money that is "if come." I mean, I think we're here today to allocate what we know for a fact. And if this other money through Project Income does come in then that'll be monies that will allocated in the future. Commissioner Hernandez: Is this a fair question to ask then? Commissioner Plummer: Any question is fair. Commissioner Hernandez: How much money of this two point two million dollars ($2,200,000) that Miami Capital is going to have, how much would be safe to have as a surplus to lend out for future programs? Do we need the whole two point two million? Mr. Raul Martinez: First of all let me explain that Miami Capital this year is not getting an additional penny of the revolving loan fund and it used to get half a million dollars ($500,000) in the last four years or last three years. Now, in so far as administrative funding is concern we're allowed to use the interest income, Program Interest Income, not Program Income derived from the fund and that covers more than two-thirds of our administrative expenses. And the City's two hundred and fifty thousand dollars ($250,000) that the staff recommended covers a little bit less than a third. Now, if we implement what we're talking here of give back 15 percent of Program Income we would be giving back more khan what we get in collections from loans plus 114 March 20, 1997 interest. That is, our funds our revolving loan funds would shrink by at least 130,000 and we would lose at least fifty thousand that we use for administrative expenses. So the two hundred and fifty thousand that the staff recommended for the administrative expenses will be all lost. Now, at the present time we are maintaining the same level of service as before with only 7 staff members when we used to have 11. Now, if we further have to sacrifice we just won't exist, we won't be able to collect the loans, we won't be able to make the loans. That's possibly what Commissioner Plummer was referring to. Now we are very happy to contribute in sacrificing the half a million dollars ($500,000) that was contributed by the City's allocation to the loan fund because we do have funds to lend that has been generated by the loan funds but to further give back Program Income from our program would just be intolerable. I mean... that is it would shrink the programs by so much that it would be totally ineffective. Now that is our position however, we are very willing to continue working with staff and try to reach some kind of amicable solution which could be that we would give back whatever we don't use or don't need to put back into the fund. We would be very happy to give it back to the City. Vice Mayor Regalado: And when would you know that, Raul? Mr. Martinez: Well, we know that as we go along. For example, we had a self-examination of our portfolio last December whereby we found out because of bad loans and things of that sort we were going to have a short fall of approximately sixty thousand dollars ($60,000) in this fiscal year that ends June. And that's when we had to cut down the staff. Now we also revised the 1997-1998 budget which is the one that we're talking about and we reduced it like by a good fifty thousand dollars ($50,000). Now, we believe that we're on target with those numbers but if we are obligated to give back two hundred and eighty thousand of Program Income of which at least fifty thousand will be Interest Income, you know, it's going to have very negative impact. Mayor Carollo: If I may give a few minutes to one of my staff members to ask Mr. Waters some questions, if I may? Charlene Watkins. Ms. Charlene Watkins (Legislative Aide, Mayor's Office): Mr. Waters, I think probably my first question would be... There are certain line items on this City staff recommendation here that deal with Citywide Multi -Family Housing Rehabilitation, the Single Family Housing Rehabilitation, the Substandard Building Demolition. Now those allocations which add up I see here to one point two million dollars ($1,200,000) that would be in addition to the Program Income that you'd also be allocating these programs? Mr. Waters: Yes, it is. Ms. Watkins: OK, so you would be allocating in addition to this one point two from this year you would also be allocating an additional certain unspecified sum of money to these programs as well? Mr. Waters: Yes. Ms. Watkins: And it's the same thing for Miami Capital which is also receiving funding already in item 12, under the Economic Development section, the two hundred and fifty thousand dollars ($250,000). The two hundred and eighty thousand dollars ($280,000) then would be an addition to the two hundred and fifty thousand dollars ($250,000) that you're already getting, that you're already recommending for Miami Capital? Mr. Waters: No, no. I think you're mixing it up a little bit. What staff is recommending is two hundred and fifty thousand dollars ($250,000) for administrative purposes for the agency. What the gentleman stated earlier was the fact that the agency in lending its monies to the various different business entities throughout our community it generates certain... in the repayment of 115 March 20, 1997 L those loans, those loans generate in that area approximately two hundred and eighty thousand dollars ($280,000) of which... 15 percent of which they use in order to implement its program. Ms. Watkins: All right. Now, I guess another question that I had was regarding, previous project balances. Some of these project balances that you're recommending - for instance I'll use the Multi -Family Housing Rehab - I have here a report as of 1/97 or 1/24/97 rather, which says that the Citywide Multi -Family... Mr. Waters: Excuse me, what report are you...? Ms. Watkins: This is a report of project balances, of previous project years balances where we've... where the City of Miami rather, has allocated money to these projects and the monies have not been utilized. Mr. Waters: No. What you... that's dated January. We received something that staff has generated internally. You made note also, and I really don't know whether you know it or not, but it has to do with the fact that we're converting... we've converted systems. That is, we've gone from a FAMIS system to an SCI. There is a lot of information that we're trying to reconcile with that conversion of those two systems. And therefore what I am saying to you is, we're trying to figure out whether or not any of those, especially the balances of which you're reading from today is in fact correct. What I can say to you and the item that is going to come before the Commission shortly as it relates to the one point seven million dollar ($1,700,000) allocation we've taken all of those dollars that are in those accounts that were unspent, unused to come up with the one point seven. So when we get to that item hopefully at the... later on in the Commission meeting we can stipulate where those dollars are coming from. 'Ms. Watkins: All right, so it's inaccurate then here where- it says that the Citywide Multi -Family Housing Rehab. has nine hundred thousand dollars ($900,000) in its account as of 1/24/97, and that you're in addition to that allocating or recommending rather an additional allocation of this year from present CDBG money for Housing Development and Rehab. of another five hundred thousand dollars ($500,000), and in addition to that you would also be recommending a certain portion of Program Income to also go to this project this year? Mr. Waters: Ms. Watkins, those are old projects that you're reading from that are involved with projects here. The monies that we are proposing this year are new monies to regenerate or go back into that same program to further again the housing, rehabilitation and redevelopment within our respective CD (Community Development) targeted areas. Ms. Watkins: So, if they don't spend it one year it doesn't get rolled back into the program for the next year? Mr. Waters: Same project, yes. We will... Ms. Watkins: Maybe, I'm still confused, sorry. Mr. Waters: It has to go back into the same category if not what we have to do is bring it before the Commission or by the direction of the Commission, if the category of which they want to... the Commission wishes to change that can so be done. And that's why we're here before you today. Ms. Watkins: You're saying that this nine hundred thousand dollars ($900,000) that was left over in this program that you're also recommending an additional five hundred thousand dollars ($500,000) today and then also potentialy future Program Income for this year, that that money then is going to be rolled over into that same project as well? 116 March 20, 1997 In Mr. Waters: Yes, it will. Ms. Watkins: OK. Vice Mayor Regalado: Can we use that for another? Well, can we use that? Mr. Waters: I'm sorry. Vice Mayor Regalado: Can we use that for other projects? Mr. Waters: You can, the Program Income, yes. Vice Mayor Regalado: Well then. Mr. Waters: If that were to occur then the impact would be on the administration and therefore we... houses. We won't be able to implement the housing program, we will be losing staff members and so as we... as the Program Income is generated by the development of housing again, we utilize those funds to regenerate the program and also administer it. Commissioner Plummer: Again, tell me how much do you have, you finished down there, can I ask a question? I've changed the channel. How much do you have set aside for demolition? Mr. Waters: Approximately two hundred thousand. Commissioner. Plummer: - You know you're spending an awful lot a million to fix up a -neighborhood.- But let me tell you something, the money you don't spend to tear down these structures that need to come down are deteriorating the neighborhood. I would hope that that could be reallocated up only because I think it should be seed money to the event that you get a owner who will not tear that structure down, then it's to his advantage because it's less taxes, because it's of less value that we put a lien against the property. But we've got... Mr. Waters: We already... I'm sorry sir, we do. Commissioner Plummer: We've got to clean this town up. Mr. Waters: We do, sir, we provide... Again, if an owner is in violation of our code we aggressively go after that person, as we tear that structure down a lien is placed against that property owner for... and we have to collect on it. If we... Whatever we collect goes back into the program for continued implementation. Commissioner Plummer: Yeah, but... All right, I just think it's very... it's just as important for upgrading of a neighborhood by rehabing programs to get rid of these other structures which are deteriorating neighborhoods and keeping a very, very bad element in the neighborhood. Mr. Waters: But it's comprehensive and I hate, I don't want to sound argumentative, Commissioner Plummer, but it's a comprehensive approach. One we have to try to stabilize the community. By stabilizing the community what we mean is we provide loans for single family homeowners to bring their properties up. If there is a nuisance in that particular area dealing with unsafe structures we aggressively go out there and we try to eliminate that particular problem so we try to balance it with the resources we have. Commissioner Plummer: OK, OK. You go up in the area around 14th Street and Miami Avenue, in that area up there and you cross over the railroad tracks, there are houses "beaucoup" 117 March 20, 1997 that ought to be torn down. I'm telling you, you know, that man what was his name? Kluge. Is that Kluge, Klurge? Eleanor's... Commissioner Hernandez: Eleanor Kluger. Mayor Carollo: Oh, oh, Kluger, yeah. Commissioner Plummer: Kluger. You know that man did not go out of business because he wanted to, OK. He went out of business because there was an apartment house next door that was every kind of illegal activity that you could think of and there's one behind it now. You go around that neighborhood there are houses around there that should have been torn down ten years ago. And they're still standing there and you got nothing but a low, I hate to say low class, I... You've got a very bad element OK, that's existing there today. They are tearing down a neighborhood because people don't want... you see garbage in the streets because people figure, what the hell nobody else cares, why should I. And you go and you want to spend money there to go paint the front of the house and then forget about the rest. Mr. Waters: No, sir. Commissioner Plummer: That's treating cancer with a band -aid. I'm sorry, I'm sorry. You've got to do... when you say a comprehensive approach you've got to make people want to be proud of their neighborhood, you've got to give them a reason to he proud of their neighborhood, not after the fact take out the coke house after you've fixed up their house because they're not going to want to stay in that neighborhood. Mr. Waters: Well we try to do that together. Commissioner Plummer: Well... Mr. Waters: Mr. Mayor. Mayor Carollo: Now that we figured out how much more money you have there, Mr. Waters, in programs. Mr. Waters: Uh-huh. Mayor Carollo: That's been parked in different programs. Mr. Waters: OK, sir. Mayor Carollo: Let's see if we can move on, hear the rest of the people so then we can decide what we want to do today, and then we could always revisit the approximately one point four million that I figured out was there somewhere. Ma'am, two minutes please. Ms. Lillian Slater: OK. My name is Lillian Slater, I live at 1640 Northwest 4th Avenue in Town Park Village, number one. I'm on the Advisory Board of Overtown, what the Mayor and the Commissioners appointed. And some of... The Mayor and the Vice Mayor, this is not the first time that we have been here looking for money to help get our buildings in order because we have a lot of problems there. We have a lot of problems with the ceiling coming down, the plumbing, water coming from under the ground inside the apartments and different things. We've got snakes coming, we even got now off of the trees there we have... What is those? Worms. This is on 17th Street and 4th Avenue, and these buildings have been there for 25 years. And when the Mayor was living, the other one, because Vice Mayor and the Mayor here, they wasn't here at the time. Commissioner Gort, he knows we've been down here looking for 11£ March 20, 1997 L money and Commissioner Plummer, you know, we've been looking for money to help in over here. This is right back of the Culmer Center here in Overtown and 3rd Avenue. These were the first ones built over 25 years. And we've been running here looking for some money for help and nobody seems to want to help us. So, I'm asking. I know you all turned us down about the money we asked for but the CD board did recommend fifty thousand dollars ($50,000). But, I'm asking you all, the Mayor, the Vice Mayor and Commissioner Gort and Commissioner Plummer, please help us try to straighten some of these things out Overtown. Because we're living there and we can't do but so many things there. We have parents that is single family parents. I live there. My time is up? Oh, thank you. Thank you. Mayor Carollo: Thank you, ma'am. Ms. Linda Watson: My name is Linda Watson. I hope you all understand me because I have tremor and I don't pronounce the English very good. But I would like to ask the Mayor and the Commissioners to please help Overtown. Every time we trying to get something we never receive it. We trying with the kids over there, let the kids be in order. Since we start the Optimist Club, the kids been going better and with all that the last time they sent the money to Perrine. That mean to say they just don't want to give us nothing. In the night the street is dark, they have some trees higher than the light and we cannot see. I hear Reverend Nevin said about a hole in 17th Street and 3rd Avenue, they have more than one hole in Overtown. And there's people in Overtown that pay taxes, it's not everybody on welfare. There's working people in Overtown and I put it in your hand to help us. Please help us. Thank you. Mr. Martinez: Mr. Mayor and Mr. Commissioners, this is Raul Martinez again on behalf of Miami Capital. I think that the least that we could do this afternoon is define the issue of Program Income. At least as it impacts Miami Capital, that is, we have been working with that, and our revolving loan funds have turned around three times since our existence. We have been able to fund consistently two-thirds or more of our administrative expenses. If we are forced to give back 15 percent of Program Income, the two hundred and fifty thousand being recommended by your staff for administrative expenses will be a total loss. That is, we would have to give back two hundred and eighty from lending funds, I mean two hundred and thirty from lending funds and at least fifty thousand from Interest Income. So, I please beg of you to consider that Miami Capital has done an excellent job through its 17 year history and just by a misinterpretation of both Program Income and Program Interest Income could be ruining what has been a pretty good job by the staff and my predecessors. I just beg of you to please keep this in your mind and consideration. Thank you very much. Commissioner Plummer: I have not herad a move to do anything to the contrary. Have I? Mayor Carollo: If I could get Mr. Bailey here please before we vote on this? Mr. Bailey. Can we get you on the record Mr. Bailey, to commit to this Commission that we will get resumed the general warranty deed for the property under the arena that the City wants to sell to the Sports Authority? Mr. Herb Bailey (Executive Director, CRA): Sure. In fact, I didn't even know until today that that was some problem. No one has talked to me about it at all and so far as we are concerned there's no need for you not to have it. We thought you had it. Mayor Carollo: No, we haven't had it. That's what we gave you when the City transferred that property and that's what we need to get back, the general warranty deed. Mr. Bailey: I've just been told by a member of my staff that it has been delivered to the Law Department. 119 March 20, 1997 F Mayor Carollo: When was it delivered? Mr. Erdai Donmez: It was about ten days ago. Mayor Carollo: OK, do you know if it was or not? Mr. Jones: It wouldn't have been delivered to me. I assume it was delivered to... Mr. Mayor... Mayor Carollo: No, I am told that what was delivered was a Quit Claim Deed, not a General Warranty Deed. Mr. Donmez: It was a special Warranty Deed, Mr. Mayor. And the property was delivered the same way it was delivered back to the CRA (Community Redevelopment Agency). Mayor Carollo: The same way you're saying? Mr. Donmez: That's correct. Mayor Carollo: OK. Mr. Donmez: The same, exact, legal description with the same conditions, it was delivered back to the City of Miami. Mayor Carollo: OK now, if there are any problems that we experience in that where it is not what you are describing to me or what we need, then you have no problem in giving it back to us with a General Warranty Deed? -.-Mr. Donmez: The City conveyed the property to CRA as a- Special Warranty Deed and it was the same way that it was delivered back to the City. Mayor Carollo: OK. Let me get someone under my care because what you're telling me is not quite what I have understood. OK, all right. The Special Warranty that you gave, you said was ten days ago? Mr. Donmez: That's correct. Mayor Carollo: OK, now Mr. City Attorney... Mr. Jones: Yes. Mayor Carollo: ... can you verify that, that the form of that Special Warranty Deed is acceptable... Mr. Jones: That is acceptable. Mayor Carollo: ... to you? Mr. Jones: Subject to the approval of the City Attorney. Mayor Carollo: OK, very good. Well, I want to make sure we have that on the record so we can move ahead and approve this. Thank you very much. Mayor Carollo: We are at a point that we had a motion and a second before for the two hundred and seventy-five thousand dollars ($275,000) that we had allocated to the organizations that were started. I'm going to call the question on that now. 120 March 20, 1997 Mr. Waters: Mr. Mayor. May I, Mr. Mayor? Mayor Carollo: Sir. Mr. Waters: In addressing and accommodating the Commission's wishes on funding those agencies that you have so stipulated, again staff would recommend that those dollar amounts be taken out, under item number 20 which is called Interim Assistance Debris Removal from that... Mayor Carollo: Under what item, number? Mr. Waters: If you would turn to page... tab, tab is called Public Facilities, number 20. Mayor Carollo: Hold on. Mr. Waters: Again, number 20 which is page eight of ten. Commissioner Plummer: Internal Assistance... Mr. Waters: Yeah, Interim. Interim Assistance Debris Removal. Commissioner Plummer: Interim. Mr. Waters: Again... .. ..` Mayor Carollo:. OK, number 20... Mr. Waters: Yes, sir. Mayor Carollo: ... the Credit Is Due Project? Mr. Waters: No, sir. Mr. Waters: Number 20 is Interim Assistance Debris Removal, under Public... Mayor Carollo: It's eight of ten then you're saying? Mr. Waters: Yes, sir. Page eight of ten. Mayor Carollo: Number 20? Mr. Waters: Yes, sir. That item is defined as Interim Assistance Trash Removal. What staff was attempting to do is help in the special garbage collection areas. We wanted to try to address those major concerns. That money was recommended and it came out of our housing allocation. Last year we were budgeted at one million dollars ($1,000,000). We took five hundred and left into Single Family Rehab. programs and another five hundred in the Multi -Family and we recommended five hundred thousand dollars ($500,000) for this special category. So what staff would be suggesting is that's within, if you would consider taking the monies for those housing agencies that has been stated out of that particular recommendation, under that line item. In that case, that it would not impact the administration based on what is before the Commission at this moment. Mayor Carollo: Well, I don't mind doing it that way because by the time we get back to Public Facilities and Improvements if we need to, we could then go back to the same fund. So, I have 121 March 20, 1997 F no problems in taking it from there if the maker and seconder of the motion to my right would agree to take it from there? OK, then I call the question, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. The following motion was introduced by Vice Mayor Regalado, who moved its adoption: MOTION NO. 97-165 A MOTION ACCEPTING THE FOLLOWING CHANGES TO THE 23RD YEAR CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT PROPOSALS RELATED TO HOUSING DEVELOPMENT AND REHABILITATION: * INCREASING $50,000 TO EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION [NO. 12]. * INCREASING $50,000 TO EDGEWATER ECONOMIC DEVELOPMENT CORPORATION [NO. 14]. * INCREASING $50,000 TO FLORIDA HOUSING COOPERATIVE, INC. [NO. 15]: * INCREASING $50,000 TO RAFAEL HERNANDEZ HOUSING/ECONOMIC DEVELOPMENT [NO. 21]: * INCREASING $50,000 TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION [NO.24]; * INCREASING $25,000 TO TRI-CITY COMMUNITY ASSOCIATION, INC. [NO. 32]; ` AND FURTHER DIRECTING THE MANAGER TO FUND THE "AFOREMENTIONED $275,000 IN INCREASES FROM PUBLIC FACILITIES AND IMPROVEMENTS (ITEM NO.20), INTERIM ASSISTANCE DEBRIS REMOVAL. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Then we need a motion to approve the staff's recommendations then for the Housing Development and Rehabilitation amounts. Commissioner Hernandez: I move it. Mayor Carollo: There's a motion by Commissioner Hernandez. Commissioner Plummer: I just... I'll second the motion but I want to make sure... Mayor Carollo: Second by Commissioner Plummer. 122 March 20, 1997 Commissioner Plummer: I just want to make sure now, that the money for Miami Capital is not being, in any way deviated away from Miami Capital. Mr. Weeks: No, sir. Mr. Waters: No, sir. Commissioner Plummer: OK, just for the record. Thank you. Mayor Carollo: Not at this point in time, no. ---------------------------------------------------------------------------------------------------------------- 20. (A) APPROVE $100,000 ORANGE BOWL USER FEE FOR NIKE (SOCCER) SPORTS ENTERTAINMENT'S BRAZIL / MEXICO WORLD TOUR (4/30/97). (B) BRIEF DISCUSSION REGARDING NAME RIGHTS TO ORANGE BOWL. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK, before we move on to the next category, if we can take a pocket item that's important for the City. If I may have the representatives from NIKE come up? This will be quick. We all have the recommendations from the City Manager. I have discussed this with our staff and the NIKE representatives a couple of weeks ago or so. This has to do with a major soccer match that we're going to have at the end of April at the Orange Bowl between Brazil and Mexico. This will be the launching of the NIKE Brazil World Tour from the Orange Bowl and I'll read it. "NIKE Sports Entertainment is requesting the opportunity to address the City Commission on March 20, 1997, to request the User Fee for the Orange Bowl be kept at seventy five thousand for the Brazil World Tour event on April 30, 1997. The City code requires promoters pay a User Fee of ten thousand or ten percent of gross sales, whichever is greater. We estimate gross sales for this event to be one point eight million which will result in a User Fee of one hundred and eighty-seven thousand. NIKE Sports Entertainment believe the User Fee is higher than comparable facilities and has requested a cap be established. We have surveyed comparable stadiums in the country and found the stadiums are willing to cap the User Fee in order to attract large events such as the NIKE Brazil World Tour. The NIKE tour is expected to attract more than 50,000 participants. We recommend the User Fee be kept at one hundred thousand dollars ($100,000) in order to provide NIKE with incentive to bring future events to the Orange Bowl. The total revenues to the City will be three hundred and eighteen thousand dollars ($318,000). Commissioner Plummer: That's for one night? One night? Mayor Carollo: That's not including all the monies that will be spent by over 50,000 people that will he coming form the Orange Bowl and many from out of the country. Commissioner Gort: Move it. Mayor Carollo: There is a motion. Commissioner Plummer: Second. Just... Mayor Carollo: There is a second. All in favor signify by saying "aye." The Commission (Collectively): Aye, 123 March 20, 1997 Mayor Carollo: No nays. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-166 A RESOLUTION RELATING TO THE BRAZIL WORLD SOCCER TOUR TO BE LAUNCHED WITH A MATCH BETWEEN BRAZIL AND MEXICO ON APRIL 30, 1997, AT THE ORANGE BOWL STADIUM, AND PRESENTED BY NIKE SPORTS ENTERTAINMENT; AUTHORIZING A CAP ON THE USER FEE IN THE AMOUNT OF $100,000 FOR THE EVENT; FURTHER CONDITIONING SAID AUTHORIZATION HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND COMPLYING WITH ALL CONDITIONS AN 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 Plummer, the resolution was passed and adopted by the following vote: AYES: _')'Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: I still have a question, Mr. Mayor. Mayor Carollo: Go ahead. Commissioner Plummer: This is not waiving the surcharge, is that correct? Mayor Carollo: No. Commissioner Hernandez: No. Mayor Carollo: Not at all. Unidentified Speaker: No, sir. Unidentified Speaker: No, that's correct. Commissioner Plummer: OK, because that we can't do. So we can do it another way. Unidentified Speaker: That's correct. 124 March 20, 1997 Unidentified Speaker: Absolutely. That's tine. Thank you. Mayor Carollo: Not at all. Can someone get back to me on the naming rights for the Orange Bowl if you all are still interested? Unidentified Speaker: Sure, no problem. Unidentified Speaker: Good idea, sir. Mayor Carollo: Thank you, I appreciate it. Now that you that you're getting a lot more publicity with a certain franchise that will be coming. Thank you. Commissioner Plummer: But we can always... Mr. Mayor, we can always name it Huizenga Haven. Unidentified Speaker: Absolutely, Unidentified Speaker: Absolutely. Unidentified Speaker: Congratulations on that. Thank you for your time. Mayor Carollo: Sure. We... Commissioner Plummer: He's got all the money. -Mayor Carollo- Yeah, paper money.=_:Thank you, very much. Unidentified Speaker: OK, thank you for your time. Thank you. Unidentified Speaker: Thank you very much for having us here. Mayor Carollo: Thank you. Unidentified Speaker: Thank you. 125 March 20, 1997 ---------------------------------------------------------------------------------------------------------------- 21. (A) APPROVE WITH MODIFICATIONS STAFF RECOMMENDATIONS FOR 23RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ECONOMIC DEVELOPMENT PROJECTS -- DIRECT MANAGER TO FUND PROPOSED INCREASES FROM COMMUNITY BASED ORGANIZATIONS INCENTIVE FUND -- (SEE LABELS 5, 7,19). (B) APPROVE CHANGES TO 23RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR PUBLIC & IMPROVEMENTS PROJECTS PROPOSALS -- INSTRUCT ADMINISTRATION TO FUND GOOMBAY PLAZA IF FUNDS BECOME AVAILABLE. (C) APPROVE WITH MODIFICATIONS SUBMITTAL OF CITY FY 1997-1998 PROPOSED CONSOLIDATED PLAN INCLUDING FY 1997 PLAN WITH PROJECTED USE OF FUNDS FOR FOLLOWING GRANTS: (1) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) (2) HOME INVESTMENT PARTNERSHIPS GRANT (HOME) (3) EMERGENCY SHELTER GRANT (ESG) (4) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (US HUD) -- AUTHORIZE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NEIGHBORHOOD ORGANIZATIONS AS APPROVED BY CITY COMMISSION FOR IMPLEMENTING NEIGHBORHOOD ECONOMIC DEVELOPMENT / SOCIAL SERVICES / HOUSING DEVELOPMENT PROGRAMS. Commissioner Plummer: All right, where are we? Mr. Elbert Waters (Director, NET/Community Development): Economic Development. Mayor Carollo: We are on... Commissioner Hernandez: Facilities. Mayor Carollo: ... to the next group. Commissioner Plummer: Mr. Mayor again, you asked me to wait until we brought this item up and I would like to speak to... on Economic Development again just to reiterate item eight, to restore back to the one fifty and item ten to restore another six, well actually fifty-nine hundred dollars ($5,900) to the one twenty. Mayor Carollo: What are we talking about, J.L.? Commissioner Plummer: The Latin Chamber of Commerce, restoring that back to the one fifty, OK. And item ten, the Little Havana Development Authority adding fifty-nine hundred back to the one twenty. Mayor Carollo: OK, that's item ten... Is 126 March 20, 1997 Commissioner Plummer: Eight and ten. Mayor Carollo: Eight is another fifty thousand dollars ($50,000). Commissioner Plummer: Right. Mayor Carollo: And ten... Commissioner Plummer: Would be fifty-nine hundred dollars ($5,900). Mayor Carollo: Ten would be fifty-nine, five thousand nine hundred dollars ($5,900). Commissioner Plummer: That's correct sir. And I would fight for those. Mayor Carollo: OK, anything else that we have here? Commissioner Plummer: Where would the money come from ,Bert, from the incentive? Mr. Waters: Yes, sir. What you have before you again, there is six hundred and seventy-five thousand dollars ($675,000) staff is recommending for the incentive fund. The incentive fund is there for the reports of all of the CBOs that will be coming... Mayor Carollo: Yes. We have St. John's Community Development Corp., number 19 to the same current level of fifty thousand two hundred and fifty. Commissioner Gort: ..There. is a program here. also, .Neighborhood Job Programs. My understanding is... Commissioner Plummer: The what? Commissioner Gort: The Neighborhood Job Programs, 14. My understanding is... Commissioner Plummer: Well 14 and 15 are the ones that are in-house. Mr. Waters: Fourteen is... That's City. Yeah, that's City, sir. Commissioner Plummer: That's City. Mr. Waters: Yes, sir. Commissioner Gort: And we allocated funds for that. My understanding is, one of the biggest problems we have in placing young men in jobs, is that they are not trained, they are not prepared and they could get fired. Commissioner Plummer: Willy, that's where this WAGESS (Work and Gains Economic Self - Sufficiency Coalition) thing is so important and we're working... I'm working with you group over here through the Jobs Program. Let me tell you something, there is a hundred million dollars ($100,000,000) coming down for training these people. And you know, it's there and I'd hate to see the City putting money into training programs when all of this other money is out there and available. Commissioner Gort: So what you're saying is, we can get this to... Commissioner Plummer: If we go there and that's what we're doing now. We're going to be preparing you folks to go out and help us fight for these dollars because they are there. 127 March 20, 1997 L Commissioner Gort: OK. Commissioner Plummer: And Commissioner Hernandez is now a member of that coalition and I'm looking to him to help us from the WAGESS portion because I'll help from the consortium. Commissioner Gort: Because let me tell you, the feedback that I had from the private sector, they're willing to help, they want to employ individuals but they don't have the training. Commissioner Plummer: Well let me tell you what we did get you, just so that you know, 928 summer youth program. Well, how many slots did we get? Mr. Waters: We... Three, four hundred slots. The dollar amount is approximately five hundred and ninety. Commissioner Plummer: OK, that's what we got you just for the kids to be trained 180 hours this summer. Commissioner Gort: Good. Commissioner Plummer: So this is going in to training programs. Mr. Waters: Yes, sir. Commissioner Gort: Good. —Commissioner Plummer: That's not the.WAGESS money; that's the other money. Mr. Waters: Commissioners if I may? Under the Economic Development category those areas, those CBOs that are start, Allapattah Business, Coconut Grove and others. They have to submit to the staff their reports for the projects that they were funded to do this past year. Those projects reports are scheduled to be in on May 15th. Of which time the staff... Commissioner Plummer: Or they don't. The only question I have is, how and who determines the incentive money? Mr. Waters: You, the Commission, determines what that allocation is. Staff will make a recommendation to you as to who should be funded. Commissioner Plummer: OK. Mr. Mayor, you ready for a motion? I'm not trying to rush it but I don't know if... Mayor Carollo: I'm ready. Commissioner Plummer: All right. With the two exceptions in the area... Oh, no third. You changed St. John? Mayor Carollo: Yeah, right. Commissioner Plummer: OK. With the changing of item 8, item 10 and item 19, which funds will come out of the incentive program. I move the Economic Development be approved. Vice Mayor Regalado: Second, 128 March 20, 1997 Mr. Waters: What is the dollar amount for St. John's, please? Mayor Carollo: Fifty thousand two fifty. Commissioner Plummer: You're doubling it? Mr. Waters: OK. You said fifty thousand two fifty, correct? Mayor Carollo: Yeah. Commissioner Hernandez: Yeah, it's the current allocation. Mayor Carollo: Any further discussion? Commissioner Plummer: Let me ask a question if I may, because we know what we want to include what we did last year for CAMACOL in the Small Business Opportunity Center. If that is the case, then I would ask that that one seventy-five be granted for the Small Business Administration and it can come out of the incentive money. Does anybody have a problem with that? Vice Mayor Regalado: I don't have a problem. Commissioner Plummer: OK, then what I.... Bert, the fifty would he reinstated into the Latin Chamber. Mayor Carollo: Well, yeah but what where we're, going is into the -twenty-five thousand, is the request_ We're getting away with the current allocations. Commissioner Plummer: The current allocation all right, would be one fifty. But twenty-five thousand would be added to that for the Small Business Opportunity Center which is a very important facet in that operation and the money would be coming from the incentive fund. Mr. Waters: So, no... Commissioner if I... Commissioner Plummer: You have a problem with that? Mr. Waters: Let me make sure I understand. Commissioner Plummer: I am sorry. Mr. Waters: The recommendation is for one hundred and fifty thousand for the Latin Chamber of Commerce in addition to that another twenty-five thousand making... Commissioner Plummer: For the Small Business Opportunity Center. Mr. Waters: So the twenty-five would come... would be deducted from the one fifty to run that program? Commissioner Plummer: No sir, it would in addition to. Mr. Waters: So the total's one seventy-five, is what you're proposing? Commissioner Plummer: That is correct, right. And then adding fifty-nine hundred for the other one which is the Little Havana Development Authority. Does anybody have a problem with that? 129 March 20, 1997 L F Vice Mayor Regalado: Not at all. Commissioner Plummer: Then I so move. Vice Mayor Regalado: Well, I have an item here number four, DEEDCO. This new program has a lot of plans that I think this Commission should look into it. Especially that in the clinic that they are trying to build and also on the buildings, abandoned buildings in Biscayne Boulevard. I think with the fifty thousand recommended by the CD (Community Development) board... Mayor Carollo: Right, Well, I was going to suggest that, the only area that... You know, I have no problem with them. I'm just wondering with some of the others that we allocated, if we could go ahead and pull that out. But I have no problem with going with the fifty thousand for DEEDCO. Mr. Waters: Commissioners if... Mr. Mayor, if I may? Based on what has been discussed thus far, the total amount that would be deducted from the CBO incentive fund is approximately two hundred thirty-one thousand one hundred and fifty. So what that would do is reduce the amount of allocations for those agencies that staff has not made recommendations at this particular time. But we will be coming back before you later on in May or June... Commissioner Plummer: It will be like four hundred thousand for incentive. Mr. Waters: Approximately. aCommissioner Plummer: Yeah, Mr. Waters: To be divided up amongst those... Commissioner Plummer: We understand that. We understand that. Mayor Carollo: All right. Commissioner Plummer: With those changes, I so move. Mayor Carollo: There's a motion. Vice Mayor Regalado: Would that include DEEDCO? Commissioner Plummer: Outline DEECO fifty thousand. Mayor Carollo: Yeah, DEECO's down for fifty thousand. Mr. Waters: No, that's in addition to the two thirty-one, that makes it two eighty. Commissioner Plummer: Well DEEDCO, fifty thousand. Vice Mayor Regalado: Yes. Commissioner Plummer: Latin Chamber, one seventy-five including SBOC. Vice Mayor Regalado: Yes. 130 March 20, 1997 Commissioner Plummer: The Little Havana Activity, an additional fifty-nine hundred and St. John's an additional fifty thousand two hundred and fifty. I so move. Vice Mayor Regalado: Second. Mayor Carollo: OK. There's a motion, there's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-167 A MOTION ACCEPTING STAFF RECOMMENDATIONS FOR 23RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ECONOMIC DEVELOPMENT PROJECT PROPOSALS, WITH THE FOLLOWING CHANGES: * INCREASING $50,000 TO LATIN CHAMBER OF COMMERCE [NO. 8]; *INCREASING $25,000 TO SMALL BUSINESS OPPORTUNITY CENTER [NO. 18]; *INCREASING $5,900 TO LITTLE HAVANA DEVELOPMENT AUTHORITY [NO. 10]; * INCREASING $50,250 TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION [NO. 19]; * INCREASING $50,000 TO DEEDCO [NO. 4]; FURTHER DIRECTING THE MANAGER TO FUND SAID ADDITIONS FROM THE CBO INCENTIVE FUND. Upon being seconded by Vice Mayor.Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: OK, we're into the next category. If the Vice Mayor could take it for a minute, I have to go out for about two minutes. NOTE FOR THE RECORD: At this point, 5:46 p.m., the Mayor exited the City Commission meeting. Vice Mayor Regalado: Public Facilities. Commissioner Plummer: I want... Can I ask a question real quick like? What is CHS? Mr. Laurinus Pierre: Center for Haitian Studies. 131 March 20, 1997 Mr. Waters: Yeah. Commissioner Plummer: What? Mr. Waters: Center for Haitian Studies. Commissioner Gort: That's the building that they wanted to buy. Commissioner Plummer: OK, I have a question, OK? And it's really not aimed at your proposal in itself. Mr. Waters. Mr. Waters: Yes, sir. Commissioner Plummer: If we give two hundred, how much is allocated for that? Mr. Waters: Well, the staff has not recommended funding for that agency. Commissioner Gort: They have not recommended... Commissioner Plummer: OK, but if we do give money for that, do we get, we own the building? Mr. Waters: Well, the agency... Commissioner Plummer: I would assume that if we buy a building, we don't give the building to -anybody, we retain the building in ownership of the City. Mr. Waters: The way the proposal came in Commissioner it was for the... the agency was recommending using a portion of our funds to purchase the building in order to implement their program. And so staff again, no new programs, we did not recommend that particular project. Commissioner Plummer: Yeah, but what happens if the building is sold? The City doesn't get its money back? The City doesn't own the building? Mr. Waters: Yes, the City would get its money back but we didn't recommend. Commissioner Plummer: Oh, I understand, and as I said and I preference my remarks. I'm not speaking to that building, that application alone. I'm speaking in general. Mr. Waters: OK. Commissioner Gort: Any application. Commissioner Plummer: Any application that we give money to purchase is in fact, is the City guaranteed to get the money back? Mr. Waters: We would make... Oh, sorry. Ms. Linda Kearson (Assistant City Attorney): We would certainly put that in the documents, that we get our money back. Commissioner Plummer: Absolutely. Vice Mayor Regalado: Uh... 132 March 20, 1997 Commissioner Gort: My understanding... Mr. Vice Mayor. Vice Mayor Regalado: Yeah, go ahead, Commissioner. Commissioner Gort: My understanding and my recollection in other transactions similar to this, we have asked that if it's sold for a profit that at least that the City recoup the money they put into it. And if there is a profit that they can keep it. Mr. Waters: Yes, we do, do that, sir. Mr. Laurinus Pierre: Well, Mr. Commissioner it's interesting that question of whenever a purchase for the first time on the request for funds, the facilities and properties there have been five requests from... Commissioner Gort: Name and address for the record. Mr. Pierre: What's that? Commissioner Gort: Name and address for the record. Your name and address for the record. Mr. Pierre: I am Dr. Laurinus Pierre, I am the director for the Center of Haitian Studies. I said it was interesting that the questions of who owns what and what came up whenever it's finally something regarding this community. There's been five requests for funds under this category. Now we're talking this morning about what goes to what community. None of them has been recommended for funding by the staff because the staff based their judgement on the past on :what has happened, the community is changing, a lot of things is happening. I haven't seen any staff visiting my center to see what we're doing for the last seven or eight years, and that's the problem. Now, we have had people that have been recommended for funding that have received funds in the past for buildings, for building acquisition and everything. They are also recommended again for funding so it's people... some people are in the business of getting funds, getting money for improvement and purchasing facilities, some others don't even get a shot at it, no matter what their track record is. Now we have had five requests for funds under this category, Public Facilities and Improvements. Nine, four, twenty-eight, twenty-nine, thirty-five. Only one lousy one hundred twenty-five thousand dollars ($125,000) is recommended to one, for streets which doesn't fall under the community based agencies in the Little Haiti, Edison Little River area. And then at the bottom of the page, that same page you will see number 44 to 48 that people that submitted. We imposed some guidelines on some agencies, you have to submit a proposal by certain guidelines, then you go 44, 48 people that submitted the proposal after the guidelines they are recommended by the City staff. And that is a serious problem if we are going to go according to rules and regulations of HUD you're talking about, it should be equal to anyone if we're really going to do things under a due process, and that is being violated here. And definitely this question, the whole process must be questioned. If we're going to do things fair, in all fairness, we ought to take a look at that. People, you have people recommended by the staff, that have submitted the proposal after the deadline, 44 to 48, all recommended by staff. And then, you have five requests from a specific neighborhood area and then you... none of them is honored by the staff. And that is a major problem, this is why... what we're concerned about. Mr. Waters: If I may? Commissioners for the record those items 44 through 48 are City projects. Those were the projects that we were asked to attempt to fund out of the grant and that's what you have there, items number 44 through 48 of which the gentleman just spoke. Dr. Pierre just spoke. Commissioner Gort: Did you understand what he said? 133 March 20, 1997 Mr. Pierre: What's that? Mr. Waters: Those are City projects. Commissioner Gort: Did you listen? Did you understand what he said about the 44 to... Mr. Pierre: I understand they are City projects but they also tall under the same guidelines... Commissioner Gort: Right. Mr. Pierre: ... based on the current recommendation, based on what I read in the guidelines from HUD. Commissioner Plummer: The problem is, is the title. It says they were submitted after deadline creates an illusion that it's not right. Mr. Pierre: And out of the area my... Commissioner, five requests from Edison/Little Haiti area none of them is honored by the City staff. Only 125 on the streets which does not fall under any community base in the area. Mr. Waters: That's a project, if I may, Commissioners. Again, we're looking at trying to improve the streets and sidewalks throughout all eight CD targeted areas. On the average we've looked at approximately 150 to 125,000 for streets and for the Edison Little River CD targeted area staff in conjunction with our Public Works Department is recommending approximately one hundred and twenty-five thousand dollars ($125,000) for a street and sidewalk improvement for that area. Commissioner Plummer: What, I... You know, I am sorry. Of the five applications you have, which one did you get approved on, because 1 don't see any? Commissioner Gort: None, none. Mr. Pierre: That's what 1 am saying. Commissioner Gort: That's what he's saying. Mr. Pierre: I'm saying there are five requests from the target area... Commissioner Plummer: And there's... None has been approved. Mr. Pierre: None has been approved. Commissioner Gort: Let me ask you a question. You have an allocation, an infrastructure, improvement, commercial, is that Citywide, two hundred thousand dollars ($200,000)? Mr. Waters: I am sorry, where are you Commissioner Gort? Commissioner Gort: On 47. Mr. Waters: Yes, infrastructure improvement, that's available. What we're attempting to do, it's a City project. And what we're attempting to do there is, in areas where we have development opportunities in the area of Wynwood and our industrially zoned areas we're trying to make available dollars to allow that type of development to occur because of the impact. 134 March 20, 1997 e Commissioner Gort: OK, my questions is, like the DEEDCO project before, we should see development of an area there. Mr. Waters: Uh-huh. Commissioner Gort: Would that qualify for that funding? In other words... Mr. Waters: No, I'm just trying to see... I got to look at DEEDCO's application again. Commissioner Gort: What I'm interpreting here, is that this fund is set aside to be used Citywide for specific use? Mr. Waters: Yes. Commissioner Gort: In other words agencies can apply for that funding, am I correct? Mr. Waters: You're asking, can an agency apply for that funding? Commissioner Gort: In other words, that's not dedicated to any specific agency? Mr. Waters: No sir, that's City, that's a City project. Commissioner Gort: City buildings? Mr, Waters: No, no. No, no. Commissioner Gort: Any buildings that would do commercial rehab... Mr. Waters: Correct. Commissioner Gort: ... or economic development within that area by giving the money to that particular group? Mr. Waters: Managed by the Community Development Department. Commissioner Gort: That's two hundred thousand dollars right there. Commissioner Plummer: Yeah. Commissioner Gort: Second question. My understanding is Manuel Artime is for sale, should we spend one hundred thousand dollars ($100,000) if we're going to sell it? Mr. Waters: Staff has met with staff regarding that and what we've basically have come to the agreement is, is that in order for us to sell it, we have to bring it up so someone would offer us dollars to purchase it. And so that money is being recommended to bring the building up so that we can place it right on the market for hopefully quicker sale. Commissioner Gort: OK. Vice Mayor Regalado: One hundred thousand dollars ($100,000) for what in the Artime? Mr. Waters: To improve the building. To fix the building up, basically repair it, rehab it and then flip it and turn it over on the market. We want to try to be able to sell it. In the condition 135 March 20, 1997 that it's in right now, we won't be able to do so. So, we are trying to raise the building up and then place it on the market for sale, for the City's benefit. Commissioner Plummer: What a waste! Mr. Waters: Yes, Christina? Ms. Christina Abrams (Director, Public Facilities: I am sorry Commissioner, what was your question about the Manuel Artime Center, about whether we should be spending the one hundred thousand dollars ($100,000) today? Commissioner Plummer: Yeah. Commissioner Gort: My question is, are we going to put it for sale? Ms. Abrams: Correct. But right now we have tenants there including a Day Care Center, the Lions Association. And when it rains we have serious leakage that comes through the actual wall and also through the window sills. And as long as we have tenants there we have a responsibility to keep the facility safe. Commissioner Plummer: Is there... Are we talking about selling the office structure or the auditorium? Commissioner Gort: The whole thing. Ms. Abrams: Both. Commissioner Gort: Both. Ms. Abrams: And what we're referring to is the office structure. Commissioner Plummer: The more we do there at that auditorium the more money we lose. Ms. Abrams: We were not discussing... I mean, the repairs? Commissioner Plummer: Because, every time we open the doors it costs us money to operate and we lose more money. Ms. Abrams: Correct. True. No, what we're referring to is repairing the office building where we have the tenants, the Day Care Center and the Lions Association for the Blind and... Commissioner Plummer: We paid one million dollars ($1,000,000) for that place. Mayor Carollo: Go ahead, Fred. Mr. Fred St. Amand: Fred St. Amand from the City board again. Under... getting back to the same conversation that we had. And if you turn on the page where it says "23rd Year Community Development Grant Program" and I was looking at item six, seven, eight, nine and ten where two hundred and twenty-five thousand dollars ($225,000) have been allocated to Little Haiti. Commissioners, I don't know any park that we have in Little Haiti. I see a Lemon City Day Care building, Range Park field lighting and sod, North Bay Vista Playground, Buena Vista Park Playground, Golden Heights. Now, if you open this book, you are going to see $225,000 allocated to Little Haiti. 136 March 20, 1997 Mr. Waters: I'm sorry, the question was where was the one hundred and twenty-five thousand for street improvement to Haiti, is that the question? Mr. St. Amand: Yeah. Two hundred and twenty-five thousand dollars ($225,000). If somebody open this book they are going to think that Little Haiti are benefiting two hundred and twenty- five thousand dollars ($225,000). Mr. Waters: Yes, the... Yes. That recommendation is for sidewalk replacement throughout... I am sorry, you're reading... You should be reading the Edison Little River area. Mr. St. Amand: We... Mr. Waters: That's what... I think that's your concern. The Edison Little River area is defined of which the Little Haiti community is a part of the Edison Little River CD targeted area. And as I mentioned earlier, the street and sidewalk improvements that are being recommended is recommended throughout all eight CD targeted areas in the average of approximately one hundred and twenty-five thousand dollars ($125,000) for street improvements. It is to be implemented by the City's Public Works Department but the Public Works Department in conjunction with our staff will work with the community to determine the priority that the community has expressed as it relates to spending those dollars. Mr. St. Amand: But, we haven't seen any improvement whatsoever in our part of town, Mr. Waters. And you also... you mentioned this morning, you asked us to give up three hundred thousand dollars ($300,000) and you know for infrastructure improvements which I... Mr. -Waters: No sir, you're confusing, if I may? And I hate to be argumentative but the issues that you're raising right now are not before the City Commission. You're speaking to the recommendation for one point seven million dollars ($1,700,000) reallocation of previous CDBG (Community Development Block Grant) dollars, that is not before the Commission at this moment. Mr. St. Amand: Fine. But let's get back to what we're talking Mr. Waters. Mr. Waters: OK. Mr. St. Amand: You tell me. What basic improvement as far as infrastructure that have been done in Little Haiti, period? Tell me one? Mr. Waters: I would have to defer to the Public Works Department in terms of the street improvements that have been placed in that area. We provide those dollars for implementing those projects so I would have to defer to Public Works to respond to that answer. If you would give us a moment? Commissioner Gort: Also, my understanding this allocation is '96-'97? This begins in June of '96, am I correct? Mr. Waters? Mr. Waters: I am sorry sir. Commissioner Gort: This is fiscal year June '96 to '97? Mr. Waters: Yes. He is... Commissioner Gort: So in other words, this includes... 137 March 20, 1997 F Mr. Waters: I don't want to.. I am sorry. Commissioner Gort: This allocation that they're talking about is beginning June? Mr. St. Amand: No, no, no. We're talking about '95 and '96. Commissioner Gort: Ninety-five, ninety-six, OK. Mr. Waters: And that's not before this Commission at the moment. That's what I'm trying to clarify. Mr. St. Amand: Thank you, sir. Commissioner Plummer: All right, again I say, where are we? Mr. Ringo Cayard: Ringo Cayard, Haitian -American Foundation. 8380 Northeast 7th Avenue. Mayor, gentleman of the Commission, we are again asking for the Haitian community. We sound redundant but we of course, never got anything. Anyway, I am here to ask you to help us out. Last year we submitted a proposal to the Department of Commerce in Washington. We were granted seventy-five thousand with the understand we'll get two hundred and fifty thousand. In the whole country they.only picked ten sites, ten states where they're going to give the monies and we were one of them. So, they also asked us to find some funds in the Economic Development area to help out. We've been working with Off -Street Parking who has a lot on 79th Street and Northeast 2nd Avenue across from the Barnett Bank. We're talking about starting from the Feds from 250 who could match them too much higher if we could put about 50 people at work and use some of the money to do infrastructure such as a place for the warehouse ;., -and bathrooms and so on. We have a great deal from Off -Street Parking and of course we would like for the City to consider that and help us not to let the money go back to Washington without being used. So whatever you could do to help. I've also to say that since the process for Little Haiti have been so delayed, we did not of course perform on time. But, it's not our fault, our representative was not put in office but just ten minutes before the time of voting. So, that's why I would like to see whatever you could do to help out but mainly to keep that two hundred and fifty thousand dollars ($250,000) in the community which is in great need. Commissioner Plummer: If we were to find the money, does that mean that we would own half of the building? Mr. Cayard: We would what? Commissioner Plummer: If we come up with half the money, what you're looking for, that means we own half of the building? Mr. Cayard: You would have... You would own, I would say half of the project which is creating jobs and helping the people in the community. Commissioner Plummer: I'm not talking about the project. I'm talking about tangible, material. Mr. Cayard: OK, the land... the land already belongs to Off -Street Parking. We are... We've been negotiating in buying it. That could be a clause that you maybe you could put in it whereas the City could participate in owning stock. Commissioner Plummer: Mr. Waters, if were to grant this request where would the money come from? 138 March 20, 1997 0 WK-1 Mr. Waters: Commission, we would have to take the money from one of the items that we have so recommended. Commissioner Gort: I would like to give... Mr. Waters: The total amount... Commissioner Gort: I would like to give a suggestion, Mr. Waters. Mr. Waters: Yes, sir. Commissioner Gort: My understanding is, go back to the two hundred thousand dollars ($200,000) for infrastructures associated with new buildings for industrial areas. Mr. Waters: Yes, sir. Commissioner Gort: This is an industrial area, right on 79th Street with... It's very much needed. We need to do something within that area. So this is one funding you can tap. Mr. Waters: It could be tapped, Commissioner Gort. Again, that is a City sponsored project. We were basically moving forth to work on trying to improve the neighborhood from that standpoint. Yes. Commissioner Gort: That's two hundred thousand dollars ($200,000) that can be tapped and will not affect any existing programs of the reserves. Commissioner Plummer: OK. Commissioner Gort: ... right there. Commissioner Plummer: Does that mean we're only looking for 50 more? Mr. Waters: I'm sorry. Mayor Carollo: On the Public Facilities Improvement... Commissioner Plummer: Look I'm willing to make the motion but you've got to tell me where the money is going to come from. Commissioner Hernandez: Yeah. Mayor Carollo: Well... Commissioner Hernandez: I'll second it. Commissioner Plummer: Well, you know, all I can do is say to Mr. Waters is that this Commission is of the feeling that we want to grant this money and if you can't find it then you'd have to come back to this Commission. Now, I don't want to get in to any kind of a fight among people in Little Haiti. Fred, you say you speak for them all? Let's remember there is a Caribbean Market that we just had to salvage. And they're saying they want that property turned over to the community. I'm saying no. You can use the property or we sell the property but I don't want 79th Street arguing with Northeast 2nd Avenue and then everybody comes here and says this City Commission doesn't know what the hell we're doing. 139 March 20, 1997 L Mr. St. Amand: Commissioner Plummer, my reputation is at stake and then I promise to come and spend some time and work with you. All those agencies, we have a coalition and the day I cannot speak for all of them, I will resign my post. Commissioner Plummer: Well, you better resign today because I never knew a man could speak for all those kind of people. I learned many years ago, in my early years of politics, don't ever try to second guess... Mr. St. Amand: Right, but except one difference. You have never been and you will never be a Haitian. I am one. Commissioner Plummer: Is that better or worse? Mr. St. Amand: I don't know Commissioner, it's up to you to tell me. Commissioner Plummer: All right. Commissioner Gort: He's Hispanic. Commissioner Plummer: My motion would be at this time in reference to this item that we instruct administration that we want to fund it... Mr. Waters: Yes, sir. Commissioner Plummer: ... at the level that is indicated. That if you can't... :Mn. Waters:- What is tile? Mayor Carollo: What is the level? Commissioner Plummer: Two fifty. Commissioner Hernandez: Two fifty. Mayor Carollo: Two fifty. That's what I understood. Mr. Waters: Two fifty. Commissioner Plummer: OK, if you can't find the money, then you've got to come back and tell us why you can't. Mr. Waters: Two hundred. Commissioner Plummer: I understand that, two fifty, OK. You've already two hundred so all you've got to find is fifty. You can do that in the drop of a lollipop, OK. So all I'm saying is that my motion is that that be granted instructing administration only to come back only if they can't find the additional funds. Mayor Carollo: On that same motion Commissioner, if I may add another one which is item 28, DEEDCO, on 79th Street, the medical office building? And that's for one hundred and fifty-five thousand. Commissioner Plummer: Mr. Mayor, I have no problem with that as long as there is a full understanding that that monies, of the City monies comes back to the City, OK. And to the City 140 March 20, 1997 L Attorney and to the City Manager, any monies that are expended for the purchase of real estate have to one way or another come back to the City, that they don't own the property. Mayor Carollo: If they ever sells the property it comes back to the City. Commissioner Plummer: Absolutely, or if the program ceases, OK. Mayor Carollo: Yeah, or if the program cease, yeah. Commissioner Plummer: Then the acquisition of that property comes back to the City, it doesn't accrue to their benefit. Ms. Bernice Butler: Certainly, Commissioner, I just want to add in this particular case, while we're asking the City through their Community Development Block Grant program to contribute $155,000 for acquisition of the property, we have a commitment from Dade County that they are going to be submitting on this project's behalf. CD float in Section 108 loan to fund the construction to the tune of about one million dollars ($1,000,000). So it's a collaborative project. Commissioner Plummer: Yeah but, you know. I'm sorry, I'd like to protect my City. Ms. Butler: I understand. Commissioner Plummer: I'll like to be in first position. a:..•Ms. Butler:. I just wanted you to know that.:_I understand, certainly. Commissioner Plummer: But I want to be in first position. Ms. Butler: Certainly. Thank you. Mayor Carollo: All right, so those are the two that... Commissioner Plummer: With those understanding, I assume nobody else wants to talk. Mayor Carollo: Last that I want to bring up... Ms. Maritza Aragon: May we speak, please? Mayor Carollo: Yes, if... just one second, you certainly could ma'am, thank you. On 35... Commissioner Gort: Excuse me, he said he was speaking for all the agencies? Commissioner Plummer: Who? Of the Haitian agencies? Commissioner Gort: Yeah. Commissioner Plummer: His reputation is on the line. Commissioner Gort: Well, right now you've got someone there that disagrees. Mr. St. Amand: No. No, this is not. The two fifty if for which... It's not number nine. It's not the number nine. 141 March 20, 1997 L Commissioner Plummer: This is the 79th Street, 130 Northeast 79th Street. Mr. St. Amand: Right. Commissioner Plummer: This one, the request through this letter. Mayor Carollo: No. It's not number nine J.L. Commissioner Gort: ... you're talking about... Mr. St. Amand: Which is not nine, what Commissioner Gort is mistaking for. Mayor Carollo: Yeah, it's not number nine there. If that's what they saying then, they're correct. Give a copy of the letter to Mr. Waters, if we could and let's move on. It's all fine. He's not in opposition of it. Fred, this is your day in the sun you know. You either going to speak for everybody or, you know. Mr. St. Amand: Mr. Mayor, you are putting me in the sun right now. No, no, Commissioner j Gort you mistakenly, you know, talk... Items, that 130 Northeast 79th Street project. We're not talking about that. What Dr. Pierre is talking about is the CHS (Community Haitian Services) property which... Commissioner Gort: I understand. My understanding is, we allocated to Little Haiti two fifty, where is it going to go? = Mr. St. Amand:. The two -hundred . and fifty.. thousand dollars: ($250,000) is, .no.... that is a different request now. Commissioner Plummer: Yeah, you see this is what I was... Mr. St. Amand: That is not the same item, Commissioner. No, no, no. Commissioner Plummer: Well... Mr. St. Amand: You're talking about two different things now. Commissioner Plummer: No, I'm talking about one pot of money. Mr. St. Amand: Right, you are correct. But, Commissioner Gort, you know, you are wrong. Commissioner Plummer: Well now, who is going to get shot at dawn.? Mr. Waters: Mr. Mayor and Commissioners. Mr. Mayor, if I may? We, under Public Services and Social Programs, we did not, the Commission did not vote on the category which is called "The Emergency Shelter Grant." Which is, the City receives a total of approximately three hundred and thirty... Commissioner Plummer: Can we get finished this one first? Mr. Waters: Three hundred and forty-seven... Commissioner Plummer: I mean we're in the middle of a mud puddle here. Which way are we going to go? 142 March 20, 1997 X Mayor Carollo: Well, Fred you got... Commissioner Plummer: Look, we got to lay it on the line. Mayor Carollo: ... you got one minute to decide before everything is pulled out. Commissioner Plummer: That's right. Mayor Carollo: And nothing is going to go. Mr. St. Amand: Mr. Mayor, OK... You know what I have learned over the years, it's better to get something than nothing. OK, we will take the two hundred and fifty grand for the two projects, period. OK. Mayor Carollo: For the two projects? Commissioner Hernandez: The two projects. Mr. St. Amand: Yes. All right. Commissioner Plummer: You ain't doing... Mr. St. Amand: They will shoot me when I leave this building but, you know, hey, we get something. Mayor Carollo: Well, that's for the two projects. Commissioner Plummer: For which project? Commissioner Gort: The one twenty-five. Mayor Carollo: On nine and the one that was brought forth here. Commissioner Plummer: But that's, that's... You can't do that. You don't have enough. Number nine itself, if you... Commissioner Gort: J.L. Commissioner Plummer: H►ah? Mayor Carollo: Well, if they have enough, then they can't use it. as simple as that. Commissioner Hernandez: My point exactly. Mayor Carollo: Then it stays in the pot. Right, Mr. Waters? Unidentified Speaker: No, no, no. We'll take it. Commissioner Plummer: OK, then everybody understand which way that this is. Mr. St. Amand: We'll take it. Unidentified Speaker: We'll take it. Half and half. 143 March 20, 1997 r Commissioner Plummer: You take which... No, no, no. You ain't taking nothing yet, until you tell me which way you're taking it. Mr. St. Amand: Halt and halt. It is only two hundred and fifty thousand, right? Commissioner Plummer: OK. Mayor Carollo: Only two hundred and fifty thousand, Fred? Mr. St. Amand: So, we'll take one hundred and twenty-five thousand each. Mayor Carollo: Only two hundred and fifty thousand, Fred? Only two hundred and fifty thousand? You know how hard I've had to work the last seven months to get two hundred and fifty thousand dollars ($250,000)? Commissioner Plummer: You're trying to go to the poor house in a limousine. Commissioner Gort: Seven months? It takes me a whole year and a half. Mr. St. Amand: Mr. Mayor. One twenty-five each and then, you know... Commissioner Plummer: No, no, no. Mr. St. Amand: ... we will try the County and mark it up. Commissioner Plummer: I understand but I've got to know... I mean, I am not going to sit here and throw -out one hundred and twenty-five thousand without knowing exactly, OK. Is it going to go in for what? I mean, I am not going throw the money to them and they flip a coin. Mr. St. Amand: Well... Commissioner Plummer: I want to know. Commissioner Gort: My understanding is number nine is for the purchases of the building to carry on the programs that is going on right now. Mr. St. Amand: That's right. Commissioner Plummer: OK. And the other one hundred and twenty-five is going to go for... Mr. St. Amand: And the other one is what? Commissioner Plummer: ... the 79th Street. With a provision in each allocation that the City is protected for return of their dollars in first position at any such time that the program ceases or the program goes out of existence. Mayor Carollo: And if the money is not used in this fiscal year... Commissioner Hernandez: They lose it. Mayor Carollo: ... they lose it. Commissioner Plummer: We reallocate next year. Absolutely. 144 March 20, 1997 F Mr. St. Amand: Yeah, of course. Yeah, the City has to have some guarantee. Unidentified Speaker: Yeah. Mr. St. Amand: It should be included in the contract, yeah. Mayor Carollo: That's correct. Now, we're including in that the one hundred and fifty-five thousand for DEEDCO. Now... Commissioner Plummer: Now tell me where the money is going to come from to fund those? Mayor Carollo: Well, he's going to have to come back to see if he could it within the group. Last but not least, on 35 -- this is for the Miami Design District Signage Program for the Miami Design District. Can you explain what this is all about in 35, because this is an area that we're trying very hard to build up. Commissioner Gort: And it's coming along good. Mayor Carollo: It's coming along fine. Bert. Commissioner Gort: Questions. Is Miami Design District part of Edison Little River? Mr. Waters: Yes, sir, it is. Commissioner Plummer: That's what it says here. Commissioner Gort: It is, OK. Mayor Carollo: The seventy-five thousand for the signage program, and that's bringing in a lot of jobs and a lot of income to the City of Miami the way that district is moving. Commissioner Plummer: No, the main problem there is we're losing a lot of it to Dania if we don't do something. Mayor Carollo: We were, we recouping it back Commissioner. Commissioner Plummer: Well, slowly. Mr. Waters: Miami Design District. Mayor Carollo: Jack, can you give us some briefing on the signage program there? Mr. Jack Luft (Director, Community Planning and Revitalization Department): In the Miami Design District? Mr. Waters: Yes. Mayor Carollo: Yes. Are you familiar with that? Mr. Luft: Yes. Mayor Carollo: Bert seems kind of lost on that one. Mr. Luft: OK, we're trying to come up with... It's a little bit life the problem at Riverside, how do you get there. There is a... if you come off the Expressway you end up going South on 145 March 20, 1997 Miami Avenue into the FEC (Florida East Coast) rail yard. We need a signage program on the Expressway on the exits on a pathfinder's system to get people into the district whether you're coming off of the boulevard, whether you're coming oft 36th Street or the Expressway. Commissioner Plummer: That should be Metro Traffic and Transportation. They're in charge of all of that. Mr. Luft: Pardon? Commissioner Plummer: Metro Traffic and Transportation are responsible. Mr. Luft: But they don't put up directional signage on local roads and off the off ramps. There is a possibility of one sign on the Expressway but they won't pay for it. They'll just give us permission. So what we're trying to do is overcome now a signage program that's going to get people not just to the Design District to the parking resources that we're developing under the Expressway at Second Avenue. We're trying to help people get there, and it's always been a problem. Mayor Carollo: Can you do it for less than seventy-five thousand Jack, or is that the minimum that you need? Mr. Luft: Well, sure we can do it for less than seventy-five thousand. It may not be as effective but it will be better than what we have today which is, it's a complete mystery out there, how do you get there. Fifty. Mayor Carollo: OK, can we make those artistic signs? Mr. Luft: Pardon? Mayor Carollo: Can we make those artistic signs? Mr. Luft: Oh, absolutely. We've got plenty of talent in the Design District we can get to help US. Mayor Carollo: Then, I think... Commissioner Hernandez: For fifty grand, Joe. Mr. Luft: What? Maybe I'm missing what you're trying to tell me, artistic? Mayor Carollo: Well, it's another pot that I can pull from. Mr. Luft: OK. Mayor Carollo: It's another pot that I can probably pull from. If we could go ahead and approve twenty-five thousand on this one under the same conditions that have been applied to the others. Commissioner Plummer: Mr. Mayor, can we give any consideration to Goombay Plaza? If I? What I would want to do is if funds become available that we would divert it to them. Because right now we don't have any funds available. Mayor Carollo: That's the last one from the.., that's the last one at the bottom. All the others that we brought up... 146 March 20, 1997 0 F Commissioner Plummer: Would he first. Mayor Carollo: ... would be first. But you're not talking about the whole five hundred thousand they're asking? Commissioner Plummer: Oh, absolutely not. Mayor Carollo: What amount are you looking for here? Commissioner Plummer: Whatever funds that would become available... Commissioner Gort: Where are we? Commissioner Plummer: On item 18. Mr. Waters: Number 18. Commissioner Plummer: I would say in this particular year at the maximum, half of that. Commissioner Plummer: If the funds become available. That's the name of the game. Mr. David Alexander: Commissioner, Mr. Mayor. David Alexander of Coconut Grove LDC. Specifically, as we were speaking earlier today another police car got rocked by the 711, the subject property. Commissioner Plummer: David. Mr. Alexander: We've had three police actions in three days there. Commissioner Plummer: David, that is not supposed to be brought up here as to right or wrong for this application. Mr. Alexander: No, but we need that property and the position of the property is, I believe that we can acquire it for three hundred, J.L. That is what I was trying to tell you. Mayor Carollo: And David, can you explain? Commissioner Plummer: Well, the reason the police car got rocked is because they were arresting drug dealers, OK. Mr. Alexander: Exactly right. And the problem is, the store is operating with impunity. If we acquire the property, we'll I have them out J.L. Commissioner Plummer: All I'm saying is, my suggestion Mr. Mayor is if in fact funds become available that we do them up to amount not to exceed half of the request this year, OK. That's my allocation. We don't have the funds and we can't allocate everybody. Mayor Carollo: OK. All right, let's bring it to a vote. I think... Well, let's see. There's one more gentleman here that needs to speak and a few more people. Mr. Gim Gustafson: Yes, Jim Gustafson, Christian Community Service Agency, 3899 Northwest 7th Street. Honorable Mayor and Commissioners, I realize there has been many things to focus on today. Christian Community Services Agency requested one hundred and twenty-seven thousand five hundred dollars ($127,500) toward the purchase of a building for our 147 March 20, 1997 Elegant Center. The Elegant Center currently is located at 1900 Northwest 36th Street in Allapattah. It's a program that has served the Allapattah community very strongly for almost 15 years at this point. Our difficulty has been that while we can maintain the program, services for our youth, emergency services, food, job employment and also AIDS services, the difficulty has been in maintaining a location where we either our rent is acceptable or whether the number of youths involved in our program is acceptable. We requested the funds, but I think it's especially important to notice that in your public services and social programs there was only 150,000, well maybe 257,000 who went to Allapattah Community Action Program. That program primarily focuses on the elderly in that community who certainly needs these services but we do need stronger representative of our community based organizations there. This one hundred and twenty-seven thousand dollars ($127,000) would help us to acquire a building and maintain permanence there. Betty Wigg, (phonetic) the director of this program was not able to be here tonight to speak to that. She's strongly connected in the African -American community. Our program also strongly serves the Hispanic community. That's a very inclusive site, working strongly with the High School and the community as well. And we please ask you to consider placing back into the budget the one hundred and twenty-seven thousand five hundred dollars ($127,500) for us to purchase a building. Thank you. Mr. Mariano Cruz: I'd like to talk. Mariano Cruz, 1227 Northwest 26th Street, and I represent Allapattah in the board. And this program happens to be in our target area, Commissioner Gort. And, it is good because I remember, I... My children, my two oldest daughters in, for 1965 to '68, used summer programs at the Methodist Church, right there in the same building. And it's good one thing too, because anything that you do to help people, prevention programs, they are good in the long, long, long run. Even you... Commissioner Gort: Mariano, let me interrupt you for a minute. Let me ask you a question. Do you have money for operations,. and maintenance? Mr. Gustafson: Yes. Ms. Maritza Aragon: Yes, yes, yes. Commissioner Gort: OK, what you need is a building to operate from? Mr. Gustafson: That is right. Ms. Aragon: Right. Mr. Cruz: Right. Commissioner Gort: OK. Mr. Cruz: That's what they need there. And I see... Commissioner Gort: OK, Mariano wait a minute, let me ask you a question. I want to ask you a question, maybe we can cut a little bit. We have a brand new building that we built on 17th Avenue and 23rd Street and my understanding is... on 28th Street, Comstock Park. My understanding is, we cannot use the building, it is not open, because we don't have money to operate it. Commissioner Plummer: It's our building? Commissioner Gort: It's our building. And it's sitting there, it's been finished for how long now, six months? And it's closed. 148 March 20, 1997 '1 Mr. Cruz: I don't know. Ms. Aragon: OK, may I respond? My understanding, we were involved in some of the preliminary planning that the City took and it was with the County and other nonprofit organizations. And my understanding is that part of the challenge we faced was the hours that we needed the building. Commissioner Gort: Name and address for the record, please? Ms. Aragon: I am sorry. Maritza Aragon, Christian Community Service Agency. 3899 Northwest 7th Street, I'm the Director of Operations. Part of the challenge that was facing was the hours that we need a permanent space. We needed it Monday through Friday. We needed it three o'clock in the afternoon to eight o'clock in order to operate the program because the operating funds do come through the Criminal Justice Council for funding that we obtain in order to do crime prevention and that was not feasible. It could not be worked out that we could have that facility permanently during those times and I think that was the challenge. Mr. Gustafson: Right. Commissioner Gort: That answers that question. Commissioner Plummer: Yeah, but you know... Mr. Gustafson: Another part of that. We were very much interested in that project and worked hard to be a part of it- We have files which have to be kept in the confidential area and supplies which have to be limited to the program and that was impossible to accomplish at that site. Mr. Cruz: Last but not least. That's what I am saying, this is... Commissioner Plummer: Yeah, but you know somewhere along the line we have to stop all of these properties that are coming off of the tax rolls. That's what killing this City. You know, and all of these... It's beautiful to have all of these nice, nice programs, but everyone of them are in the City of Miami. Not one program do you see in the City of Coral Gables. Not one property out there. The City of Miami Shores, El Portal, OK. You don't see any of these program existing out there. Commissioner Gort: They pay ad valorem taxes. Commissioner Plummer: Huh? If they pay ad valorem, fine. But they're asking us to buy a building for them. Commissioner Gort: They pay ad valorem taxes. Commissioner Plummer: All right, you know we just can't continue this. Mr. Gustafson: All right. Point of information on that. While we have no signed agreement on a building and have not negotiated, we have a building on mind which is not on the tax rolls at this time. So this particular acquisition would not take something off the tax rolls. Commissioner Plummer: But it's not on the tax rolls. Mr. Gustafson: That's correct. 149 March 20, 1997 L F Ms. Aragon: That's correct. Commissioner Plummer: Well, what difference does it make? If I don't get a dollar either way, I don't get a dollar. Mr. Gustafson: You haven't lost much. Mayor Carollo: OK, who is... Commissioner Plummer: I haven't lost money but I haven't gained any. Go tell the Oversight Board that. Mayor Carollo: Who is left so that we could finalize this? Mr. Cruz: One of the things I can say of the building, this building serves 99 percent of the people in the neighborhood. While you got a lot of buildings in Allapattah that serve people from all over South Florida. Like the VA (Veterans Administration), Jackson, all the people, I mean, from all over Dade County they come to Allapattah to use those facilities. But this building is specifically, the people who go there. Like my children went there in 1965 to '68 because they were living at 13 and 23 and they walked there to 19th and 36th. So it was being used by people of the neighborhood. And that's one of the main use of Community Development money which is not for being using for Code Enforcement or to do a lot of things that they are using our money, the money that comes to there because according to the census 1980, the census determine that the money should be going to Allapattah. Commissioner Gort: Mr. Mayor, I make the suggestion that Comstock Building, we built the community building there that has been finished for the last six months, it has not been used. It is my understanding that this program needs to use Monday through Friday from three to eight. Mr. Cruz: No. Commissioner Gort: They will not use it on Saturday and Sundays. Ms. Aragaon: But... Excuse me, if we could? We also need... In the morning we do have staff as well providing case work and doing filing. So we actually would need the building all day. I... You know, I don't know if that would be? You know, there are other program needs besides just taking care of the children when they come in, having a space to deal with the children. We do need also to have the files, we need to talk to their parents, we need to talk to teachers to see how they are doing in their school. So, it's a little bit more than just being with the children during the time that they are in the program. Commissioner Plummer: We can't be all things to all people. Mr. Cruz: Let me add one thing. You were here May 13, 1993 when I came representing the Dominican Community Association and we get the money to build that building in Comstock, and it was built, the thing that we wanted a recreation building to be in equal, in equal with Grapeland Heights, with other places. With other places, with other different places, Morningside, different parks in the City. Curtis Park, because we didn't have a recreation building. The building wasn't built on the ... of social... it was mostly recreation, I say to use for the children to do homework, when it was raining or doing something, they cannot do any outdoor activity. And that was May 13, and the only Commissioner left up there is Mr. Plummer. Commissioner Plummer: That's right, I voted for it. 150 March 20, 1997 Mr. Cruz: And it was unanimous, remember tour hundred and fifty thousand dollars ($450,000), half a million dollars ($500,000). Commissioner Plummer: I voted for it. Mr. Cruz: Right, it was a unanimous decision. So it was not built for the Christian Community Service... for everybody. Commissioner Plummer: We're going round and round in circles, Mr. Mayor. Vice Mayor Regalado: Next person. Ms. Aragan: I have another item. Vice Mayor Regalado: Sorry. You've spoken before. Ms. Aragon: Oh. Vice Mayor Regalado: We really need... Mayor Carollo: Look, we need to finalize this... Commissioner Plummer: Absolutely. Mayor Carollo: Yeah, one more because I'm going to have to step out in about 15 or 20 minutes and I would like to hear the group here. Commissioner Plummer: Mr. Mayor, I would ask for my item please? I have people... It should be brief, my item. I think all of you have had the opportunity to go through it completely. Mayor Carollo: What item? Commissioner Plummer: The item 43-A, is it? Vice Mayor Regalado: And they really have to fly out of the City, so... Commissioner Plummer: Yeah, that's my problem. If I. Are you? As soon as we're finished with this, I have the... I'll give each one of you the resolution. Mayor Carollo: Forth -three is your item? Commissioner Plummer: Bottom of the page, 43-A. Commissioner Gort: Also we have the Homeowners Association, the St. Hugh. Commissioner Plummer: But I got to get a motion to get it... Commissioner Gort: We have the Saint Hughs Oaks, do we? Mayor Carollo: Excuse me? Commissioner Gort: The Saint Hughs Oaks, just a meeting we got to have tonight. 151 March 20, 1997 L F Mayor Carollo: Yeah, well, I'll be back in about 45 minutes to an hour. I'm only going to be out for about 45 minutes to an hour at most. Commissioner Plummer: Then you're going to be gone for the rest of the night? Mayor Carollo: No, no. We'll work through it into the night. Commissioner Plummer: Yes, yes. Mayor Carollo: No, I will be gone only for about 45 minutes to an hour, then I'll be back and we'll finish this tonight. Commissioner Plummer: Well, Mr. Mayor, my people I would like, if you don't have any objection, I'll go ahead and do it right now in two seconds? Mayor Carollo: Well... Vice Mayor Regalado: We're still... Mayor Carollo: ... we had a motion and a second on this item. Vice Mayor Regalado: We still have one person. Mayor Carollo: Two minutes please? Thank you. Ms. Helena Del Monte: Honorable Commissioners and Mayor, I am Helena Del Monte from the Association for the Development of the Exceptional, 2801 North Miami Avenue. We have been operational in the Wynwood area for 20 years. We are an academic and vocational training program for high level developmentally challenged adults. We are extremely, extremely successful in our vocational training and placement of these challenged adults. As we speak, we have over 50 participants employed in the fast food service, at Pizza Hut, McDonalds, Burger King, Picadilly's, Morrisons, and so on and so forth. We are in desperate need of building a professional training kitchen facility in our building. We already have the commitment from Dade County Public Schools to give us the Culminary art instructors and instructor aids. We have the commitment of the Private Industry Council to give us a grant under Title 2B. And also under the Department of Children and Families for the referrals, and I do realize that there's a lot of funds right now for vocational training however, all those dollars are for direct client services. Those dollars cannot be used for facility improvement. So I am in desperate need of these monies to be able to construct this kitchen. Thank you. Mr. Waters: Mr. Mayor. Commissioner Plummer: Mr. Mayor, I am ready to move the item as modified by this Commission. Mr. Waters: Mr. Mayor. This is just one item which we did not discuss, Commissioner Plummer. That was the Emergency Shelter Grant. It's under Public Services. The total grant amount is three hundred and forty-six thousand. Staff recommended twenty thousand for Betterway of Miami and Christian Community Services. Commissioner Plummer: No, no, that's not on there. That's not... We're on Public Facilities. Mr. Waters: But you're... You are, but you have already... We skipped over the grant... 152 March 20, 1997 F Commissioner Plummer: That's part of the social service. Mr. Waters: Yes, sir. We skipped that and I wanted to bring that hack to the Commission's attention to... If you would so... Mayor Carollo: Can we take a vote? Or we have already. There was a motion there was a second on improving the recommendations with the amendments that were stated. OK. Commissioner Plummer: Yes, sir. Mayor Carollo: I call the question, all in favor signify by saying °aye." Mr. Walter J. Foeman (City Clerk): Mr. Mayor, excuse me. I need a seconder. Mayor Carollo: No nays. Mr. Foeman: I need a seconder. Vice Mayor Regalado: Second the motion was Commissioner Hernandez: I seconded it. Mayor Carollo: Commissioner Plummer made it, Commissioner Hernandez seconded it. All right. •The. Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-168 A MOTION INSTRUCTING THE ADMINISTRATION TO MAKE THE FOLLOWING CHANGES TO THE 23RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PUBLIC FACILITIES AND IMPROVEMENTS PROJECTS PROPOSALS: * GRANT $250,000 FOR TWO PROJECTS IN THE LITTLE HAITI AREA ($125,000 FOR CHS PROPERTY ACQUISITION [NO.9] AND $125,000 FOR 79TH STREET PROGRAM); IF SAME IS NOT POSSIBLE THE ADMINISTRATION IS TO REPORT BACK TO THE CITY COMMISSION. * ADD $155,000 TO NORTHEAST 79TH STREET MEDICAL OFFICE BUILDING (DEEDCO) [NO.28]; * ADD $25,000 TO THE SIGN PROGRAM FOR THE MIAMI DESIGN DISTRICT [N0.35]; FURTHER INSTRUCTING THE ADMINISTRATION THAT IF ANY MORE FUNDS BECOME AVAILABLE, TO FUND AN AMOUNT NOT TO EXCEED $250,000 TO GOOMBAY PLAZA (COCONUT GROVE LOCAL DEVELOPMENT CORPORATION) [NO. 18]. 153 March 20, 1997 Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None, ABSENT: None. Mr. Waters: If I may? I am sorry. Mayor Carollo: Before you may, if I ask you to do the following. If you could close out all the previous program years, and I'm talking for the last decade. Once you close it out, we need to know how much money you got left. Mr. Waters: OK. Mayor Carollo: OK, if you could send us a memo, the minute you have that? Mr. Waters: Yes, sir. Staff would do so. Mayor Carollo: - OK, also can you go ahead and apply for a cap waiver on the 15 percent so that we could use more money for social service program? Mr. Waters: Ask the question? Can we go ahead and ask for an additional? Mayor Carollo: Can you apply for a cap waiver so that we can use more than the 15 percent for the social service programs? Mr. Waters: Yes, we can. Yes. Mayor Carollo: Any particular reason why you decided not to do it this year, Bert? Mr. Waters: Well, we didn't decide, Commissioner, I mean, Mayor Carollo. What we're trying to do is to get through this process. We have an opportunity to apply for a number of grants which in fact... Mayor Carollo: OK. Mr. Waters: ... we're going to attempt to do this also. Mayor Carollo: Can you go ahead and apply for that, I'd appreciate it? Mr. Waters: We can. Yes sir, we can. Mayor Carollo: Thank you. OK, now go ahead, sir. Mr. Waters: Now... OK, under our Public Services, the Emergency Shelter grant the total amount is three forty-six, staff has recommended Better Way twenty thousand, Christian 154 March 20, 1997 Is .,) Community Services Agency eighty thousand and the balance for the City of Miami's Homeless program, two hundred and forty-six thousand, making a total three forty-six. Commissioner Plummer: What is that money for, the Miami Homeless Program? I mean, they've got millions of dollars that they're getting down there and we're a drop in the bucket and I don't understand that... do you understand it? I don't... I mean they got a grant of fifteen million dollars ($15,000,000) for the Homeless Program through the County. Why are they going to take our two hundred and forty-three thousand? Mr. Waters: No, no. That's separate, Commissioner Plummer. The County applied through this notice of... Commissioner Plummer: What is our two forty-three going to be used for? Mr. Waters: For us to run the City's Homeless Program and primarily that's transitional housing assistance. Commissioner Gort: Garcia, maybe she can pick it up... Mr. Waters: Lyvia Garcia runs that program for us. Commissioner Gort: Right. Commissioner Plummer: OK, all right. Commissioner Gort:. Yeah. Mayor Carollo: If... Are you done, Bert? Mr. Waters: Yes, sir. Mayor Carollo: Thank you very much for your patience. Mr. Waters: No problem. Mayor Carollo: If we could move to the item that all these people are here for. Ms. Linda Kearson (Assistant City Attorney): Mr. Mayor, I... Mr. Mayor. Commissioner Plummer: Woa! We've got to approve. I move item two in total. Mayor Carollo: You're right. Yeah, I thank you. Ms. Kearson: And Mr. Mayor, item three is a companion item that we have to have first reading. Commissioner Plummer: Let me get two done first? Mayor Carollo: You need item three as a companion item, you're correct. There is a motion to approve item two in total. Commissioner Hernandez: I second it. Mayor Carollo: There is a second by Commissioner Hernandez. All in favor signify by saying "aye." 1.55 March 20, 1997 The Commission (Collectively): Aye. Mayor Carollo: No nays. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-169 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE SUBMITTAL OF THE CITY OF MIAMI'S FY 1997-1998 PROPOSED CONSOLIDATED PLAN, INCLUDING A FY 1997 PLAN WITH PROJECTED USE OF FUNDS FOR THE FOLLOWING GRANTS: (1) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), AND GRANTS FOR THE (2) HOME INVESTMENT PARTNERSHIPS GRANT (HOME), (3) EMERGENCY SHELTER GRANT (ESG) (4) AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (US HUD); FURTHER AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID PLAN AND GRANTS BY US HUD, TO ACCEPT THE SAME AND EXECUTE THE NECESSARY IMPLEMENTING AGREEMENTS; FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO APPLICABLE CITY CODE PROVISIONS, WITH THE NEIGHBORHOOD ORGANIZATIONS AS APPROVED BY THE CITY COMMISSION FOR THE PURPOSE OF IMPLEMENTING NEIGHBORHOOD ECONOMIC DEVELOPMENT, SOCIAL SERVICES AND HOUSING DEVELOPMENT PROGRAMS; ALLOCATING FUNDS THEREFOR FROM THE TWENTY-THIRD (23RD) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, GRANTS FOR THE HOME INVESTMENT PARTNERSHIPS GRANT, EMERGENCY SHELTER GRANT, AD HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. In 156 March 20, 1997 F ---------------------------------------------------------------------------------------------------------------- 22. FIRST READING ORDINANCE: ESTABLISH 4 SPECIAL REVENUE FUNDS AND APPROPRIATE FUNDS FOR OPERATION OF EACH AS FOLLOWS: COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY- THIRD YEAR) - $13,106,000; HOME INVESTMENT PARTNERSHIP (HOME) GRANT - $4,203,000; EMERGENCY SHELTER GRANT (ESG) - $346,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT - $8,832,000 -- FURTHER APPROPRIATING SUM OF $2,500,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY U.S. HOUSING AND URBAN DEVELOPMENT FOR TOTAL APPROPRIATION OF $28,987,000. Commissioner Plummer: I move item three a companion. Mayor Carollo: Item three is moved by Plummer, second by Hernandez. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. .'Ms. Linda Kearson,(Assistant City Attorney):. May I read the ordinance, sir? Commissioner Plummer: Sure, why not. Mayor Carollo: Linda... Commissioner Plummer: Call the roll. Mayor Carollo: ... when I'm going quicker than you are, then I know I'm going too quick. Thank you for reminding me it was an ordinance. An Ordinance entitled - AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNDS IN THE AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY-THIRD YEAR) - $13,106,000; HOME INVESTMENT PARTNERSHIP (HOME) GRANT - $4,203,000; EMERGENCY SHELTER GRANT (ESG) - $346,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT - $8,832,000; FURTHER APPROPRIATING THE SUM OF $2,500,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY U.S. HOUSING AND URBAN DEVELOPMENT FOR A TOTAL APPROPRIATION OF $28,987,000; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 157 March 20, 1997 was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo 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. ------------------------------ --------------------------------------------------------------------------------- 23. EXECUTE AGREEMENT WITH BAYFRONT VENTURES FOR GAMING VESSEL (GAMBLING CASINO) FROM MILDRED AND CLAUDE PEPPER BAYFRONT PARK DOCKS. -Commissioner Plummer: Can I do mine? Mayor Carollo: Is it a quickie? Commissioner Plummer: I hope. Mayor Carollo: I mean you all approved it already, it's all been blessed. Commissioner Plummer: Mr. Mayor, all of it has been... You sent us out to do and find private money to operate. I bring forth to you which has already been in the backup to you, all of the resolution and I would like to introduce a resolution. [At this point, Commissioner Plummer read the resolution into the record.] I so move. Commissioner Hernandez: I second that. Mayor Carollo: There is a motion by Commissioner Plummer, second by Commissioner Gort. Commissioner Plummer: For the record, this of course is only one approval. It was done by the park first, it must be done here we understand by the Oversight Board, and the final, final approval will come when all parties who have any authorization to sign off have signed off and the last word will be Bayfront Park Trust. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. Now what... 158 March 20, 1997 In The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-170 A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BAYFRONT VENTURES, TO OPERATE AND MANAGE A GAMING VESSEL FROM THE MILDRED AND CALUDE PEPPER BAYFRONT PARK DOCKS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: I would like to personally thank all the people involved, but Mariam Maer in particular who had to stay up one morning until 5:30 to get the job done. I thank everybody involved. Mr. Ira Katz has busted his proverbial and done a hell of a good job as he always does. Mayor Carollo: Yeah, good job to Ira and to Miriam and to the Chairman of the Trust, Commissioner Plummer. And now that you've gotten the first contract with the first boat or ship, when do you start the contract with the second one? Commissioner Plummer: Well, I'm negotiating... Mayor Carollo: I understand you still have room there. Commissioner Plummer: I'm negotiating with a submarine. Mayor Carollo: Well, you do have room for a second one, so... Commissioner Plummer: They'll be, they'll be hopefully proliferated. 159 March 20, 1997 F ------------------------------------- -------------------------------------------------------------------------- 24. EXPRESS CONDOLENCES TO FAMILY OF DR. TEE S. GREER, JR., ASSISTANT DADE SCHOOL BOARD SUPERINTENDENT. -------------------------------------------- ------------------------------------------------------------------- Mayor Carollo: All right. Commissioner Gort, you need to do something quickly? Commissioner Gort: Mr. Mayor, I would like to ask the Commission to formally send out condolences to the family of Assistant Dade County School Superintendent, Dr. Tee S. Greer, Jr... Commissioner Plummer: Yeah. Commissioner Gort: ... who passed away earlier this month. Dr. Greer was dedicated to this profession and his family and served the Dade County community and his students extremely well. At the roll, he will be missed. Therefore, I ask the City Clerk to send his family a letter of condolence along with the resolution. Commissioner Plummer: Second the motion. Mayor Carollo: There is a motion, second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-171 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF TEE. S. GREER, JR., UPON HIS UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None 160 March 20, 1997 ------------------------------------------------------------ --------------------------------------------------- 25. (A) DISCUSS / DIRECT ADMINISTRATION BY MAYOR CAROLLO TO MEET WITH LAZARO SANCHEZ / CASABLANCA GROUP / OTHER WATSON ISLAND MARINA TENANTS TO NEGOTIATE INCLUDING THEM IN WATSON ISLAND MARINA FUTURE PLANS. (B) DESIGNATE APRIL 10, 1997 COMMISSION MEETING TO BEGIN AT 9:A.M. TO CONSIDER PLANNING & ZONING ISSUES. Mayor Carollo: Now, we are going to be doing 42. You had a lot of people waiting here for that and I apologize that you had to wait and I thank you for your patience. Vice Mayor Regalado: Mr. Mayor, I... This is about the Watson Marina and several days ago I was invited to go to the Marina and see the situation that the tenants of the marina have. Commissioner Gort also went by, members of your staff also went by and they told me that they love that place, that this is the place where they have been for more than ten years. But, that the City raised the rates of the docks and several of them were thinking of leaving the marina because they did not have the money to pay the equivalent of what some people pay here in Dinner Key or in other marinas of the City of Miami. I told them I understood what they were saying because they earn their living by docking their ships there and selling the fish. They pay license from the City of Miami to sell what they work for vary early in the morning, And I told them that I would ask the Commission to hear their views ,and this is why I asked Mr. Lazaro Sanchez to come and speak to the Commission. However, yesterday a_ very upsetting event happened and I wish that this Commission will. take note.. I was called at my home early in the morning saying that there were some inspectors and officials from the City of Miami in Watson Island and that they were telling them that their electricity will be shut down. I went there and in fact, I saw several inspectors of the City of Miami. As a matter of fact, the Chief Inspector, Mr. Lima was there and he seems to know a lot about that situation. Mr. Lima explained to me that that situation had been going on, the electricity, the problems with electricity for more than eight years and he has documented all of the alleged violations. I told the inspectors that to wait to take any action until the Commission will hear the views of those tenants and I thought that it was agreed that we will wait until today to take any action. When I left an hour or two hours after I left, another inspector from the City of Miami went to the Watson Island Marina and decided to shut part of their electricity. Now none of the ships were affected however, when you're dealing with people who had been told that their electricity may be shut down and you have a Commissioner of the City of Miami telling them that he will give them assurances that the City will wait until the next day to take any action and then the Commissioner leaves and then an inspector comes and shut down part of their electricity... Well, these people thought that the worst was to come and so they called me back very concerned. Because as a matter of fact, next Sunday is Palm Sunday and starting Palm Sunday, the Latin culture calls for eating fish and this is the biggest week for them in the year to sell fish. And they were really nervous and they were really concerned about the possibility of the City to... making some action that could force them to close during these special days. Now I am really disappointed that the City of Miami did what it did yesterday because I gave them my word and I did not have even the courtesy of being informed that they were going to go back and start shutting down some part of electricity. Mind you, they have just told me this afternoon that they had to do it because one citizen called and so I was wondering if I could appeal to all the citizens of Miami watching NET 9 now, that if they see a violation please call and we're going to go down and fix it immediately. So, I think that it was an act of defiance to an elected official that tried to calm down some people that were really concerned and that what is going on in that marina has to be addressed by this 161 March 20, 1997 F Commission. These people do not have restrooms there. They have to bring a portolet. The garbage has not been picked up, at least I saw some garbage there the other day and yesterday when I went there. So why are we charging these people the same amount of money that we charge the people in Dinner Key where we keep this marina so beautiful? And why do we have to go there and make these people nervous? Even if you told them that the electricity on their boats will not be shut down, the perception is that the City is going to move in that direction because they saw people trying to cut some... shut down some electricity in other areas. And you know, I was wondering whether in the City of Miami people will like to still do business. I mean, after what we've gone through here in the City of Miami, we seem to understand that the only solution that we have to the crisis is to harass business people and charge them more and not give them service. You know, if we keep doing this only business people with the battered wife syndrome will stay in Miami and I'm really upset about the fact that I gave my word and the City was not even able to just give me a call and tell me that what you said is no good and we have to do this because the world is going to end and we just going to have to go back there and shut their electricity. So this is why I asked Mr. Lazaro Sanchez to address this Commission because I think it's unfair for these people that make a living working from 4:00 a.m. in the morning to late afternoon to pay and be in a place that is really not that nice. I mean for the clients to go there, they really have to want to go there because there is nothing to see and nothing to enjoy. So, Mr. Mayor if I... Mayor Carollo: You can. Before you do Commissioner, if I may say this? I do not know any of the people that are here but I will say this to you, that I had my staff go there and meet with them and they've told me that what they saw was the same thing that I saw one night, late at night that I went by. They were there in day time meeting with them. These people have the most properly kept and clean area and business of any in Watson Island. Now, Christina you know that I've always treated you with the uttermost respect and backing but I think Commissioner ,Regalado is speaking for all of us, this has to be straighten out there and we need to get to the bottom of this. Commissioner Gort: Mr. Mayor. Commissioner Plummer: Well, 1 think somebody has go to ask the question. Commissioner Plummer: That which was done by the department, was there in fact a safety situation? I think that... I mean, somebody has got to ask that question. Vice Mayor Regalado: Well, I was told that... If I may, Christina? I was told that this safety situation, it was decided to be addressed yesterday after eight years. Commissioner Gort: Mr. Mayor. Mayor Carollo: Commissioner, go ahead. Commissioner Plummer: I will get an answer. Commissioner Gort: Before they speak I would like to hear from them because I was here also. My understanding is, one of the reasons there were objections to the rate increase was because the facility was not as adequate as the one here. Also my understanding some of the individuals in there, that they run this business they are willing even to invest more money into the business, if they can have insurance that they can stay there. And this we were going to bring to this Commission because I know we're going to have an RFP (Request for Proposal) going out and we're going to try to do what is best for our land. But at the same time, these individuals have been there for a long time. And one of the things that I would like for the staff to consider in preparing an RFP, is to give an opportunity to the individuals who are already established there 162 March 20, 1997 F first right of refusal or try to become part of whatever RFP will come out. Because my understanding is, and then they can correct me if I am wrong. That they're willing to invest money and to improve the area and make it even better, not only for themselves but for the City also. Commissioner Hernandez: Mr. Mayor, in my experience and I think these people deserve obviously the best if we are charging the rates that we are charging them. My experience in dealing with code compliance section with Hector Lima, working with the Fire Marshall Wheeler and having conversation with Chief Rollason on the issue of the dangerous condition that existed out there. I trust the judgement of the administration on this. I don't know why it took so long to turn the electricity off with a portion of the area that was turned off but I have to in due caution side with them if they made a recommendation to turn it off. Because I know, firsthand knowledge of working with these people that when they take that last recourse of turning the power off is because it was no other choice but to same people's lives, public safety et cetera. Commissioner Plummer: Well, that's why I asked the question that I'd like to have an answer to. You know, there's no... I will never sit here and vote against when somebody tells me the situation is a life or death situation. I mean, you couldn't ask me to vote any other way. Now, I would like to hear... I didn't see the electricity they turned off or the appliances, so I got to rely on people who we pay to tell me, was it a dangerous situation? Was it a life or death situation? And then I can make a determination. Now, whatever your answer is to that, I do feel out of a matter of courtesy you could have called Commissioner Regalado and said "Look, we've been put on notice, which means we have a liability and if we don't move we're going to be in serious trouble, but we're going to move." But I think maybe, the Commissioner should have been called. Because, you know, I keep telling you don't let me read about my City in the paper. I don't think he should have to face these people a-fter he's gone over there and made a comment that he should have been called and lie couldn't have gone back. My bottom line is, I need somebody to tell me what was done was in fact a public safety problem. Assistant Fire Chief Rollason: All right, that brings me to the podium. Let me give you a little background of what happened Tuesday, and how this evolved to be where we are today because it evolved directly from my office, from Risk Management, had absolutely nothing to do with Christina's office, had nothing to do with the Fire Marshall, had nothing to do with any pending litigations or any problems that are involved with the people that are in business over there. I received a call from a citizen on Tuesday that told me that he felt that the electrical situation that was over at Watson Island Marina was imminent danger and that he was calling Risk Management and he wanted to know what we were going to do about it. And, when I was put on notice in that regard I contacted the Safety Officer for the City of Miami. I had him get the electrical engineer with the City of Miami and I said go out there and take a look at it and tell me what you find. That afternoon they got back with me and they said that in their opinion it was a dangerous situation. At that point I had a discussion with Christina and we talked about the next morning getting together with the appropriate inspectors, going over there, I went over myself. Chief Wheeler went with us. We brought inspectors over with us to take a look at the facility. We looked at it and we were for the first time that I had been there and looked at it, I found numerous electrical boxes that were sitting in an open condition adjacent to the water with wires that were exposed with no caps on them, various things that a prudent person would look at and say this does not look safe to me. We went back to my office, we got together with the Building and Zoning Department, with Hector Lima to go out and do a series of inspections and they performed those inspectors and we met as a group that afternoon in a meeting that I called with all the parties concerned as far as the City administration, City staff and we discussed how we go forward. At that point, we were informed by one of the inspectors that had been there that Vice Mayor Regalado had been there and that his word to those people was that nobody was going to come over there on his responsibility as it was relayed to us, to turn the electrical off to that 163 March 20, 1997 facility. And based upon the word of the Vice Mayor, we discussed the issue and we said "we should make it safe and do what we have to do in-house and keep the people in business." From Public Works we got the electricians together. Again, with Hector Lima, Chief Wheeler, myself, Christina's staff, we went back over there. The staff of the City of Miami went along those electrical boxes and made safe those electrical boxes. Myself and Chief Wheeler met with people of the businesses, we explained to them exactly what was going on. We explained to them that it was not our intent in any way to shut their businesses down. That we wanted to make it safe to the point that what had been brought to my attention on Tuesday was taken care of to protect what I feel is a liability on the part of the City for any of these children or anybody else that maybe in a position to play around or walk up to that. To me, the fact that that could have existed for 20 years was not an item. It was stuck in front of my face, I made the decision to do that. The same as I do when somebody calls me any day and says there is a swing in a park that's not safe. I send them out and if that... people come back to me and tell me it's not safe, we take that swing down. And the City may not have the money to put that swing back or put a new one there, but I'm not going to leave one there that is going to injure some child or somebody and just turn a blind eye to it. I accept full responsibility for what happened over there. I caused what was to happen over there. I feel that what we did was, we did it in the best interest of the City, the best interest the people that are there and the intent was entirely to make that situation safe and what was done, was done exactly to that point and no more. In fact, there was some action that was attempted to be taken by some people to remove some cooling units, am I not correct? And I went back and I said, "No that's not what we're here for. We're here to make it safe. If it's safe for those cooling units to operate, that's an issue for another day, and leave them alone." Is that not correct? So, what I feel what we did, was exactly what you had asked to take place. When we heard that you had asked that we do not turn the electric off to the facility, I did not interpret that to mean, not to make it safe. And we felt by going back and explaining to the vendors that were there exactly what we were doing in making those areas safe and keeping them in business. When we left we felt that they were comfortable with the action that we had.taken that day. And that's what happened. Vice Mayor Regalado: Well, Chief they were not. And, this is why... Since I didn't know what's going on, I tried to explain to them that I went there because they called me and that I made a commitment and apparently they... some of the people, not all of them did not understand that you were just trying to make it safe. However, I would never, never have given my word to them that nothing was going to happen until the next day, had I not talked to people that really know what's going on, like Mr. Lima, that knew exactly what was going on and said you know "this has been like for so many years." And I told him we have an item in tomorrow's meeting and I wish that you would let the Commission deal with the situation that these people have. So, I'm just really sad that there is no communications between the City staff and the elected officials that... I could have gone back. I didn't mind to go in the first place, and I could have gone back to help you in trying to explain to them the situation. But when you have people calling you and say, "Well you know you gave word and there's some people here cutting some cables or shutting down electricity." It makes you feel really bad. Fire Chief Rollason: Well, I apologize to you sir. That certainly was not our intent. And I say, I accept responsibility for what happened over there. And at the meeting that we had we all discussed what we have to do to go back over there and just take care of what has to be done so we didn't have the exposed wires in the situation as it was. You know these people can speak. I mean, there are individuals there that I spoke to and when I left there they were shaking my hand and they were happy how things had worked out. So, if something has changed from that point or some other interpretation was there, I encourage them to speak on it because that was not the interpretation I had when I left. Mayor Carollo: How long have these conditions been there for? 164 March 20, 1997 _J F Mr. Jorge Sanchez: I think they're for the last ten years that I have been there. Mayor Carollo: And have the conditions been basically the same as now? Mr. Sanchez: Same thing. And the City's been there and they have checked the items, checked everything, they went back again. They've been there a few times and they noticed that it's really been bad, and never done nothing about it. Mayor Carollo: Well, you know, the problem that I have is, if you have to meet code in certain things is one thing, and we're limited in some of the things we could do there. But I for the life of me cannot understand why for eight or ten years, whatever time they've been there, it's a long time and there's been no major crisis on safety and all of a sudden we had a major crisis in safety. Fire Chief Rollason: Well, Mr. Mayor, what I will say to you is that as it was reported to me, we checked it out, and I'll let Hector Lima speak to it. As we sat in a meeting, my position was very clear. I said "look, you tell me that it's safe as it is, and this meeting is over. Or, if you tell me there's things we need to do, go over there and make safe and take remedial actions that we should take from a safety nature, then let's put a team together and go over and do it." So what was done, was based upon exactly as Vice Mayor is saying on the advise from the electrical people that were the experts. We didn't make that decision we just brought the issue to a head to make... what do we do from this point. So he can certainly speak to do that as far as what action was taken and what he recommended to make it safe. That, in my opinion is what we did. And as far as it going on for eight or ten years, I think that's exactly what we talk about is what's been going on in this City. When it came to my attention for the first time, as the other actions that I take, I took action on it and I didn't worry about something that's been sitting for eight or ten years. I knew about it Tuesday. Mayor Carollo: Chief, I concur with the statements that it's the kind of thing that has been going on for eight or ten years. But what I want to make sure is, that we're going to enforce the laws across the board, not to have selective enforcement. And that's the problem that I'm having with this. I'm sensing that there might be more here that meets the eye. And I want to make sure that we have not had selected enforcement in this case. Fire Chief Rollason: Well, I can only tell you from my word of honor that I acted on this as exactly as I have related to you. I have absolutely no hidden agenda. Mayor Carollo: Yeah, I'm not, Chief, questioning you word. I have known you for too long to do that. And, I've always had the utmost respect for you but you've explained to me how this happened. You didn't get involved into it yourself. You were brought into it by others and that's my concern. I mean are there others in Watson Island that are having problems? Are they having problems with other people there? You know, I... Fire Chief Rollason: Within the City you're saying? Mayor Carollo: Well, with the City, with other.. Fire Chief Rollason: Listen, there's a whole other action that's going on which I'm trying to divest this incident from and as unfortunate as it may appear, I'm saying to you, pure of heart we did what we did in the interest of making it safe and deliberately not trying to make another situation worse or to look like somebody is being sat upon because of the other situation that's there. We had counsel present that advised us on what areas of how to handle and get involved in so that we did not do something that was improper and it was in no way some means of coming in and swooping down and turning off the electric and saying "this made it safe and 165 March 20, 1997 you're out of business." That was not the case. But let me say this also, had the electrical people said to us the only way to make that safe is to turn the electric off to the facility, that is a move that I think would have been prudent to take to make it safe. It wasn't, we did what was necessary to do and that was done. We left them in business, everybody had power and I thought everybody was at that point, satisfied with how it worked. So, I mean that's the history of how it happened. Unidentified Speaker: Let me make... Mayor Carollo: OK, let them speak now. Ms. Mary Kathryn Sardenas-Lanning: Mr. Mayor... Mr. Sanchez: Mr. Lima, I think he was the one about three years went and did the paperwork. He has all the paperwork for the electrician on this island and I think he notifies the electrical about three years, the same way it is right now. And he presented to the... Unidentified Speaker: State your name. Unidentified Speaker: State you name for the record. Mr. Sanchez: My name is Jorge Sanchez and Mr. Lima has all the paperwork on the island on electricity and I think he send it in to the City. I heard... and he knows it's been like that for the last ten years because he's been there like two or three times. Unidentified Speaker: But it was worst. -Mayor Carollo: OK, you say he's been there several times in the past? Commissioner Plummer: What are we arguing about? Excuse me, Mr. Mayor, I'm losing something here. What is? What are we arguing about? The man has apologized to Commissioner Regalado... Vice Mayor Regalado: No, no. Well, no, I think... You know, we're... Commissioner Plummer: I don't understand, even... Mr. Sanchez: I'm just trying... Commissioner Gort: And he fixed the problem that has been there for a long time. Vice Mayor Regalado: They're here, they're here J.L. They're here... Commissioner Plummer: Yeah. Vice Mayor Regalado: ... to ask the Commission for a different rate... Unidentified Speaker: No, no. Vice Mayor Regalado: ... or for permission to invest and pay less of what they pay now, that was the original... Commissioner Plummer: Oh. 166 March 20, 1997 L Vice Mayor Regalado: ... issue that brought them here. Now, the problem that they had yesterday is just part of the situation, the general situation that they have. But, what we are discussing here is just that, you know, the situation there has been like that for eight years or so the expert of the City says and nothing was done. And, all of sudden when a citizen said it was dangerous we acted and we did the right thing. So, but you have to understand, you have to understand that these people are working people that were told several days ago that electricity may be shut down and when they see somebody shutting down electricity in parts of the Marina, even if they're told that your place would not be shut, what they think is, well tomorrow they'll do it, so should we bring fish in? And this is what created this commotion that came back to us, I'm sure to all of your offices so... But the main reason here, is that they're here to plead with the Commission to... Ms. Sardenas-Lanning: For security. Vice Mayor Regalado: ... to give them something. What is it what you want. Ms. Sardenas-Lanning: My name is Mary Sardenas. I'm with Sardenas Seafood. We are their competitors. What we ask for is a security. What we need is security that the City is not going to come in and take our place where we are. Every day we hear that this island is sold, we have no security. We don't know if our kids are going to get fed tomorrow. We don't have a security by the City. We want to buy our land. We want to be able to buy where we're at on the docks. But we want to wake up tomorrow knowing that we own that or that the City owns it but we're leasing it from the City. We just need security that we're not going to he out of there tomorrow. Every day we get threatened by somebody. The island's sold now from what we hear, the island's sold. We don't have security. That's all we want. Mayor C-arollo: Well, let me assure you of something, no one is selling Watson Island and I bear the scars on Watson Island from a long time ago. Commissioner Plummer: Even Huizenga doesn't have that much money. Mayor Carollo: And, they're still trying to put some more scars on me because of Watson Island. So no one is going to sell Watson Island. Ms. Sardenas-Lanning: We can guarantee you. Give us a chance where we are, we've proven it over the years. We're not corrupted. We're working American families. We're up at 2 o'clock in the morning. We're not home until 9 o'clock at night, every night. Monday through Sunday, we're not. Commissioner Hernandez: Christina... Mayor Carollo: Well... Commissioner Hernandez ... don't they have dockage agreements, commercial dockage agreements? Ms. Christina Abrams (Director, Public Facilities): Well, I'd like to address that if I could? The decision was made in 1994 from the former administration that Watson Island Marina needed so many significant repairs and that there were so many pending dangers and violations that the Marina be closed until either the City could make those repairs or the property was developed. So at that time in '94 the City Attorney's office was directed to begin eviction proceedings. At that point, most of the tenants there either signed an agreement to leave or... There are four tenants that are still there, you know, which they have several slips a total of 11 slips, for which the City is in litigation to leave. One in particular, who hasn't paid in two years. However, Mr. 167 March 20, 1997 Sanchez is current in his payment. But that's how the administration has been acting to date. And, with the problem that arose yesterday with electricity, as long as we have tenants there we are legally obligated to maintain the facility. So we're going to spend however much money is required to sate -up the electrical but there are many other problems there also that is a potential liability to the City and as director of the department, concerns me greatly. But... Mayor Carollo: Well, Christina I understand the question of liability, but everywhere you step one foot in this City, we got liability hitting us everywhere. And, what I am seeing is here that you've got a lot of young families that are working hard for a living, you know, the... working in the kind of life and business they're in, the sea is not an easy life. It's a very tough life. And, these people are not coming here for a handout. Unfortunately, they don't have what was once the key to be able to come to Miami City Hall. They don't have the big, fat lobbyist that used to own this place. And I'll be darn if while I'm here we're not going to let working Miamians get the same treatment that the big lobbyists used to get here at one time. And, I'm telling you now. I want to find a solution with them. I want to be able to give these people the peace of mind for their families. I understand, the Chief pointed it out that there has to be some improvements made for the reason of safety but at the same time we have to be reasonable with them and I as one vote here want to direct staff to sit down with them and find a solution that's fair. Commissioner Hernandez: Mr. Mayor. Vice Mayor Regalado: I will... Commissioner Gort: Mister... Go ahead. Commissioner Hernandez: For the sake of peace of mind and security which is their main problem, and unless this lawsuit prohibits us, why can't we instruct Christina to enter into individual mo6ring and dockage documents and commercial rate, what have you, whatever they can negotiate? And that way at least they know they have a security in their dock's space because now they have a contract with the City. Unless this lawsuit prohibits us and that's... Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, it's not so much the lawsuit is that you've got a charter provision that governs the use of Watson Island and... Mayor Carollo: Citywide, not just Watson Island. Mr. Jones: Well, there's a specific one dealing with Watson Island. Commissioner Plummer: No, no. A specific one for Watson Island. Mr. Jones: And it's very specific in terms of the lease, management, any use of Watson Island which requires a proposal and it has to go to the electorate. Now what the provision... Commissioner Hernandez: What about a revokable permit? Mayor Carollo: Well that... Mr. Jones: But the provision that's there that... what perhaps affect them, it says that any existing permittees or whatever would not be effected. However, it further states that any rights they have whatsoever can't be enlarged or amended or whatever else. So, it's status quo. Commissioner Hernandez: All right. 168 March 20, 1997 L Mr. Jones: I mean, you know if you want to do something to improve it, improve those facilities or whatever else... Either the City invest the money and does it itself. You can't do it yourself. The Charter doesn't allow for you to do it. Commissioner Hernandez: That's what I'm saying. Mayor Carollo: Well, you have several ways. You have the revokable permit route. Commissioner Hernandez: That's right. Mayor Carollo: And... Mr. Jones: No, even that route. Mr. Jones.: What I am saying is that the Charter specifically states that what they have right now is all they have. You know, that's it. There can be no new agreement... Mayor Carollo: You're saying unless we go through the RFP (Request for Proposal), route? Mr. Jones: Unless you go through the RFP process and it goes to the electorate. Commissioner Plummer: It's called the Carollo amendment. Mayor Carollo: That's right. And you know why? The only reason that they are being able to be there today is because of that. ,Commissioner Plummer: That's right. Mr. Jones: Yeah. Mayor Carollo: Otherwise that would have been long gone for 99 years. And you know what? We would have received less money in that lease for the whole island of 99 years than we are going to be receiving today for just a small part of that island for the Parrot Jungle contract. So, by saying that you could see the kind of giveaway that was happening some years back. Commissioner Gort: Mr. Mayor, let me give you a suggestion. Why don't we have Christina meet with them. My understanding in talking to the individuals, they're willing to invest money into the area. If we can come up with an RFP, which I know at the same time we want to come up with something in Watson Island. Wait a minute, let me finish. Let me finish? Mayor Carollo: Well, if I may? There is a way of going through it... Commissioner Hernandez: I think... Mayor Carollo: ... and Jack, you know the idea that I have in mind that we could avoid all this in doing it. I don't think we need to get into now. But what I would like is for you since you know how to go about it because I gave you the idea, meet with Christina and after she's briefed meet with them and see how we could make them part of the plan of what... Mr. Jack Luft (Director, CPR (Community Planning and Revitalization Dept.): OK. Mayor Carollo: ... we're going to be doing in Watson Island. Mr. Luft: Surely. 169 March 20, 1997 Mayor Carollo: So that then we can accomplish what we discussed here today. Mr. Luft: Fine. Vice Mayor Regalado: Meanwhile, Mr. Mayor. Meanwhile, I understand that there are two ships that will have to go because you don't have the money. Is it your father that don't have the money to pay what... Mayor Carollo: Excuse me, I must leave now... Vice Mayor Regalado: Sure, absolutely. Thank you very much Mr. Mayor. Mayor Carollo: ... but feel free to call my office and if... Before they leave you could make arrangements for next week for that meeting please, and let me know. Mr. Jones: Mr. Mayor, before you go, I think that there is a major decision if you're telling us to work with them. Are you telling us now a direction from this Commission to drop litigation period, because that's what would have to be done. Many of these people, we have lawsuits. Mayor Carollo: Mr. City Attorney, we don't have to make that decision today. Once we meet with them and you and Jack and Christina can talk beforehand... Mr. Jones: Well, Mr. Mayor, I am not trying to complicate things, but you know, if I am in litigation with these people how can I sit down and meet with them when you, when it's... Commissioner Plummer:. That's cute. Mayor Carollo: Well, you're not dealing with with them here. Mr. Jones: Yes, many of these people you... many of these people we are in litigation with. You... this Commission, not this Commission but we have a Commission directive to evict all the tenants there as part of a plan to close it down. So, if... what I am telling you, if it's the will of this Commission that you don't want to do that and you want us to work with these people, you have got to make a decision and tell us... Mayor Carollo: This is what we're telling you to do... Mr. Jones: ... to drop the litigation. Mayor Carollo: Well, Mr. City Attorney what we're telling you is, is our intention to work with them. The litigation can he stopped after we sit down and discuss it with them and... Commissioner Gort: Let me ask a question, and I'm not an attorney. But in litigation, I have been around cases where we've been litigated, all of a sudden we decided we don't want to continue with litigation. We want to sit down and see if we can come to an agreement, and if we come to an agreement, we dropped it but if we don't we continue. Is that possible? Mayor Carollo: Of course, it is. Mr. Jones: Commissioner... Mayor Carollo: Jack, can you enlighten the City Attorney for me so I could go? 170 March 20, 1997 F Commissioner Plummer: You can't talk... Mr. Jones: Wait, wait. Mr. Luft: Yes, sir. Yes, sir. Mayor Carollo: Thank you. Mr. Luft: About a year and a half ago, we were anticipating an RFP for the marina and proposals. We issued the RFP, this Commission issued it and we are expecting proposals in August. Just little over year and a half ago. At that time, we knew that if we were going to get a proposal selected, put it on the ballet in November, and begin the process of conveying the property for a leasehold development, we were going to run up against the issue of current tenants on the property. Thus, it was necessary to begin the process just as we had to do on the hanger property over here so that we would be prepared to convey the property free of any kinds of agreements or dockage agreements or whatever so that it could be an orderly transition. What happened was, we didn't get a proposal, OK. Which set back the whole timetable and I think at this point, we need to keep in mind that as you have Mr. Mayor, plans that we can proceed on to ultimately seek the conveyance and the redevelopment, the improvement of the property. Certainly, including commercial docks, that's one of the approved manatee protection plan facilities that we can put there for commercial vessels. There is no problem with that. We can certainly build that into the plan. The difference is today, whereas we felt some urgency on that lawsuit to settle it and clear the marina out and make it available, we now have a little window of time to work with. So I think while we want to be mindful that the day will come, maybe a year, maybe two years, but somewhere in the near future that we will want to be able to rebuild the marina, reconstruct a new facility and have the freedom to do that. We have a little bit more time to work with right now, and I think as long as we approach it from the standpoint that everyone out there needs to know that we still do want to redevelop and we'll need to clear out the marina. It's just not as imminent now as it can. We can probably work with them for the next several months, maybe the next year while we develop this RFP and when the time comes as it now has with the Dinner Key Boatyard, we give them that deadline and then we have a time certain, we move forward. Mayor Carollo: And Jack, explain or should I say state and reassure the City Attorney that we have a plan where we can negotiate the things that we discussed here with them. Mr. Luft: Yes, sir. Mayor Carollo: Without having to go through a lot more consuming time restraints. Commissioner Plummer: What? Excuse me, what is this plan? Mayor Carollo: You voted for it. Commissioner Plummer: You're talking about the Parrot Jungle? Mayor Carollo: No, that's on the other side. This has to do with the Convention and Visitors Bureau, the Sports Authority... Commissioner Plummer: No, no, I'm aware.... Mayor Carollo: ... the Heliport, the airport terminal. Commissioner Plummer: But I heard, and the last that I heard was that that had to go out to a separate referendum? 171 March 20, 1997 F Mayor Carollo: No, no, sir. Not... Commissioner Plummer: But he said correct, now... Mayor Carollo: No, no, no. What we're doing is combining everything into one but it could be expanded. Mr. Jones: No, that wasn't correct. Commissioner Plummer: He's saying no. Mr. Jones: No that wasn't correct. Commissioner Plummer: What's incorrect? What's correct. Mr. Jones: What was asked, an opinion was asked whether under the way that the Parrot Jungle lease is structured, whether in fact we could lease the land to the Visitors Bureau, whatever. What we... Mayor Carollo: No, the... Mr. Luft: No. No, Mr. Jones. Mr. Jones: Right? %Mr. Luft: Different issue. Ms. Linda Kearson (Assistant City Attorney): Yeah. What we're talking about is a different issue. What we're saying here is that we're going to lease the south side... Mr. Luft: What we're is that for a Visitors Center, a regional... Commissioner Plummer: Wait a minute. Jack, you're not an attorney. Mr. Jones: Here, let Linda... Commissioner Plummer: This is a legal matter that I would like to hear from the City... Mayor Carollo: He might be the way he's going. Mr. Luft: No. Commissioner, I'm not challenging his legal opinion, I'm redirecting his attention to the other side of the island. Ms. Kearson (Assistant City Attorney): Yeah, what we're referring to is the lease that we are going to execute with MESA (Miami Exhibition and Sports Authority)... Mr. Luft: Correct. Ms. Kearson: ... who in turn will then... Mr. Luft: That's it. Ms. Kearson: ... lease it to the Visitors Bureau for construction. Well, whatever... 172 March 20, 1997 F Mr. Luft: Well to... Visitors Bureau, air services, air transport, regional visitor's center. All kinds of activities... Ms. Kearson: Right. Mr. Luft:... that can bring together a regional focus to that island... Ms. Kearson: On the south side of Watson Island. Mr. Luft: ... consistent with the Exhibition Authority. Commissioner Plummer: Father Gibson is turning over in his grave. His statement that used to say "what you can't do through the front door, you can't do through the back door." Mr. Sanchez: So we have no security. Mr. Luft: No, sir. Commissioner Plummer: We've just found a way to go through the back door to open up the front. Mr. Sanchez: Yes, sir that's correct. That is correct. Mr. Luft: No, sir. This is an air facility. -Commissioner Plummer:. Amazing. Unidentified Speaker: So we still have no security in our future. Mr. Sanchez: No security whatsoever. We have no security, we have no foundation. Ms. Sardenas-Lanning: Not even if we sit with you we still have no security. Mayor Carollo: No. Mr. Sanchez: We have six months, seven months. What about next year? We're only going to be in business a year? Ms. Sardenas-Lanning: We have a year planning on building. OK, let's just speculate a little bit. Commissioner Plummer: Mr. Mayor, we're not going to straighten this out tonight. May I suggest? Commissioner Gort: Excuse me, what they're telling you... What they're telling you is part of the plan is to incorporate you into their plan. Mayor Carollo: This is what we're trying to tell you, that... Commissioner Gort: Listen, listen. Listen. It's important for you to listen. Mayor Carollo: You heard today that... some of the statements that were made that we cannot enter into certain contracts with you because it has to be put out through an RFP and many other 173 March 20, 1997 things. Now, you've been here a long time and you know, it's more than a generation that's been there. And during the time that you've been there, that's got to be worth something in my point of looking at it. We have a way that we're going about in developing that part of the island where once you sit down with staff like I have requested for them to do, they could discuss with you more, and we're talking about a time frame of about a year and a half or two. I think the guarantees that you want could then be given to you. And, all that I am saying is, you're going to have to pay the going rate but we will be reasonable with you but... Commissioner Plummer: I don't. Mr. Mayor, I hope that... Mayor Carollo: ... the staff will explain to you the way that we will go about it now. There will be a time that we're going to have to rebuilding some areas there so we are going to have to make arrangements during that time to see how we go about it. But the bottom line is, that I believe that if we go about it this way, in the long term you'll end up having the guarantees that you want and it'll be a much better facility because we're going to be bringing other things to Watson Island that are really going to be bringing a lot of people to Watson Island. They will be family and people oriented. Vice Mayor Regalado: Just to be clear. Wait one second. Just to be clear Mr. Mayor... Mayor Carollo: I have to go now. I apologize. Vice Mayor Regalado: Sure, I'll take... Commissioner Plummer: The City Attorney has to have you make a motion. Mr. Mayor, can I make the motion quick that they need? The motion is that the April the 10th meeting be designated as the zoning meeting of the month and I so move. Commissioner Gort: To begin when? Commissioner Plummer: To begin at 9:00 a.m. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-172 A MOTION DESIGNATING APRIL 10, 1997 AS THE SECOND REGULAR COMMISSION MEETING TO BEGIN AT 9 A.M., AND TO CONSIDER MATTERS GENERALLY LIMITED TO PLANNING AND ZONING ISSUES. 174 March 20, 1997 Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Vice Mayor Regalado: those meetings that you're going to have Jack and Christina would include the discussion of today's rates, that's their main problem. Ms. Abrams: OK. I need direction from the Commission on that because the Commission approved us raising the rates for commercial vessels from twenty cents ($0.20) to thirty cents ($0.30) and that is at all marinas. Now, if you want to lower the rate to what they currently were paying which is twenty cents ($0.20), you need to direct us to do that. But I do want to point one thing, the dockage fee they were charging is per vessel. A lot of the businesses here, I think they're referring to their shops, the actual structure. And the City is not charging any rent for that and we're paying all the utilities. Vice Mayor Regalado: They say, they talk about vessels. Mayor Carollo: I'll he back in 45 minutes, more or less. Vice Mayor Regalado: OK. Well... Mr. Suarez: Thank you very much, Mayor Carollo. NOTE FOR THE RECORD: At this point, at 7:27 p.m., Mayor Carollo left the Oty Commission meeting. Vice Mayor Regaladd: ... you will meet with the staff of the City and then any of us will be of course available to hear what you have to say. Mr. Suarez: Thank you very much. Vice Mayor Regalado: When do you want to meet, Christina? Ms. Abrams: Well, we can call them to arrange a meeting next week. Vice Mayor Regalado: Next week? Ms. Abrams: All right. But Commissioner, I am not clear on the direction or the wish of the Commission as far as the rate because the point I was trying to make is, they're not being charged for the structures. They're being charged from the dockage. Some people have a dock and a structure, a lot don't. So, if the will of the Commission could be clarified for me. 175 March 20, 1997 Commissioner Gort: What you're saying is, there's people that have structures, we provide electricity and what else? Ms. Abrams: Utilities, everything and they don't pay for it. Commissioner Gort: Utilities and they're not paying rent on these structures? Ms. Abrams:. Right. Vice Mayor Regalado: I understand that. Commissioner Gort: OK, so what they're asking is from twenty cents ($0.20) to thirty cents ($0.30) on the dockage? Ms. Abrams: That's what we increased it to. Commissioner Gort: OK. Ms. Abrams: That's what we increased it to. There seems to be... That I believe is a concern that that was too high. Vice Mayor Regalado: Two hundred and fifty dollars, right? Is it? Mr. Sanchez: I could pay for the docks. Ms. Abrams: That's what they're paying now. Mr. Sanchez: I could pay for the two docks, I've got boats and the same amount I was paying right now. Well, I got that utility, whatever it is and I could pay that money, that raise right now, knowing that they're going to fix our electricity there. Vice Mayor Regalado: Well... Commissioner Gort: Well, my understanding is the electricity was fixed. Ms. Abrams: Oh no, it is secured. We need to expand about ten, 15,000. Vice Mayor Regalado: Then... Commissioner Gort: Security to... Well, also my understanding is. There's two things we have to understand, OK? You're asking to pay the same rate as they would pay down here, which is completely two different facilities. I can understand the point of view from the people in there. In other words, if we're going to pay that, we need to upgrade and do many other things which we're not willing to do now. Mr. Sanchez: That is what we're asking. Ms. Abrams: But at the same time Commissioner, we're not charging them rent for the structure or utilities. Commissioner Gort: I understand. The other thing you've have to understand is, you've got a structure there, which you got valuable land which you're not paying rent for. 176 March 20, 1997 L Mr. Sanchez: Yeah, but we don't have... Unidentified Speaker: We don' have bathrooms... Mr. Sanchez: We don't have bathrooms. I cut the grass, I clean the island myself. Commissioner Gort: Well, you can't have... Excuse me. Unidentified Speaker: We even cut the grass... Commissioner Gort: You can't have the cake and eat it too. If you want to have the bathroom and you want have all those facilities it's an additional cost to the City and it has to be an additional cost to you too. Unidentified Speaker: Yeah, no problem. Vice Mayor Regalado: Well no, I don't think so because you know they have it here next to the City Hall... Commissioner Gort: Yeah, but... Vice Mayor Regalado: ... Willy. Commissioner Gort: ... what we have to understand is, is two different things. People that have boats here, don't have rent and don't have businesses. '= Vice Mayor Regalado:- But they have bathrooms -and have facilities. Commissioner Gort: I understand, OK. But I... Vice Mayor Regalado: Well, say it. Commissioner Gort: Yes. Vice Mayor Regalado: OK, so there is no direction on the rates just the... Ms. Abrams: Well there is. I mean, we are charging because we don't... we can't be selective on what rates we charge, what marina. So we're charging the standard rate knowing that you have a fair trade here in the sense that they have other structures with freezers and other devices and we're paying the utilities for that. So we thought it would be a fair trade. Vice Mayor Regalado: Well, you talk to them, you talk to them and you come back to us, and they will come back to us. Mr. Sanchez: Yeah, it's fair. Vice Mayor Regalado: I mean, next week they... Mr. Sanchez: You will contact us? Ms. Abrams: We'll contact you. Vice Mayor Regalado: Yes, she will. 177 March 20, 1997 L. J Mr. Sanchez: Thank you. Vice Mayor Regalado: Thank you very much. Mr. Sanchez: Thank you. Ms. Abrams: Thank you very much. Have a good night. Vice Mayor Regalado: Thank you. ---------------------------------------------------------------------------------------------------------------- 26. DEFER CONSIDERATION OF MEETING OF BOARD OF DIRECTORS / OFFICERS OF ST. HUGH OAKS VILLAGE ASSOC, INC -- SEE LABEL 29. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: Where are we now? Commissioner Gort: We had the St. Hugh's... What's it called? Mr. A. Quinn Jones, III, Esq. (City Manager): The Mayor had asked that this be deferred because it's going to take... Ms. Linda Kearson (Assistant City Attorney): It's going to take a good hour and a half. Mr. Janes: a,good hour and a half. Commissioner Gort: It will? i Mr. Jones: Yeah. Commissioner Gort: OK. Mr. Jones: We'll continue it until... Ms. Kearson: Next Thursday. Mr. Jones: We'll continue it until next Thursday. Commissioner Gort: Continue until next Thursday. Vice Mayor Regalado: OK, there is a move to defer to next Thursday by Commissioner Hernandez, second Commissioner Gort. All in favor say "aye." The Commission (Collectively): Aye. 178 March 20, 1997 L The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-173 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 45 (MEETING OF THE BOARD OF DIRECTORS/OFFICERS OF THE SAINT HUGH OAKS VILLAGE ASSOCIATION, INC. TO CONDUCT THE NECESSARY BUSINESS OF THE ST. HUGH OAKS VILLAGE ASSOCIATION, INC.) TO THE COMMISSION MEETING SCHEDULED FOR MARCH 27, 1997 AT 5 P.M. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 27. APPROVE REFINANCING LOANS OF THREE HOUSING PROJECTS, `�,SUBJECT TO REVIEW AND APPROVAL OF CITY MANAGER & LOAN 'REVIEW COMMITTEE: (1) INDIAN RIVER PROPERTIES ASSUMPTION OF SECOND MORTGAGE BY SENTRA PROPERTIES (2) SUBORDINATION REQUEST BY IDEAL REHAB, INC., & LIBERTY CITY IMPROVEMENT CORPORATION (3) SUBORDINATION REQUEST BY DOWNTOWN INVESTMENTS, INC. ---------------------------------------------------------------------------------------------------------------- Commissioner Hernandez: Mr. Vice Mayor, before we continue with the agenda, I mentioned to the Mayor, as chairman of the CRA (Community Redevelopment Agency), there are three housing projects I have here. Three housing projects that have requested refinancing of their loans. I'm only asking at this point in time to consider one of the refinancing, which is number two on your second page. Number one and number three... I am going to be requesting directions, actually to the City Manager to review these loans and at the same time, come back with a recommendation to the City Commission so we may proceed. Ms. Linda Kearson (Assistant City Attorney): Commissioner, what are you referring to? Mr. A. Quinn Jones, III, Esq. (City Attorney): Are you convening to a CRA? Commissioner Hernandez: No, no, no. Mr. Jones: Pocket item? Commissioner Hernandez: Yeah. Mr. Jones: It's a pocket. 179 March 20, 1997 L F Commissioner Hernandez: No, I'm not convening to CRA, no. Vice Mayor Regalado: This is not CRA, right? Ms. Kearson: Oh, OK. Pocket item. Commissioner Hernandez: No. Vice Mayor Regalado: OK, so it's Commission. He's just asking Commissioner Hernandez: I was just... It was a... forget the Chairman stuff. Commissioner Gort: OK. Commissioner Hernandez: Give this to... Vice Mayor Regalado: OK, he's just asking for the staff to go ahead and... Commissioner Hernandez: On items number one and three, Mr. Weeks, what I'm asking the City Manager's office is to review these two refinanced, request to refinance these loans and come back with some recommendation to the City Commission. On item number two, the situation is under an emergency situation and that's why I've brought it here before the Commission today. And it's bascially to put the City of Miami in the same position that exists today but one hundred thousand dollars ($100,000) richer and twenty-two thousand five hundred dollars ($22,500) richer for Miami Capital. Just to give. you a little, brief overview on this. This t is a housing project which the emergency condition is the following: By Tuesday, if one . hundred and seven thousand dollars ($107,000) are not paid to Miami -Dade Water and Sewer, water will be shut off and we have for the record... Vice Mayor Regalado: I think that the City got a 30-day delay, Commissioner. Mr. Elbert Waters (Interim Director, Community Development): No, may I? You are so correct, Vice Mayor. Commissioners, if we may? Those items that you're proposing that the administration bring back before you, you are aware that there is a process, a loan committee process of which we are able to review those loan applications for housing development. The items that you have presented earlier we've had a review for those items before. What we did was we told the developer that they needed to provide us with additional information regarding the water and sewer bill from the entity that is asking for the emergency. The City administration stepped in, we talked to Dade Water and Sewer, we asked for a 30-day extension to give us time in which to review these applications respectively. And therefore, once we are able to review the full application we would then make an recommendation as to approval or denial. Commissioner Hernandez: OK. Mr. De Zayas can you, for the record comment on that because I am not aware of that 30-day extension? Mr. Carlos De Zayas: Commissioner Hernandez, Vice Mayor Regalado, Commissioner Gort, good evening. Mr. Kearson: Sir, we can't hear you, would you speak up please? Mr. De Zayas: My apologies. I'm Carlos De Zayas, I am an attorney. My law office is at 2665 South Bayshore Drive. I represent Ideal Rehab Corporation and Liberty City Improvement 180 March 20, 1997 Corporation which are the owners of these three properties in Liberty City that the owner seeks to refinance. The situation, gentlemen, is as follows. There are two liens ahead of the City. The City right now is in third position. There is a WASA (Water and Sewage Authority) lien which is regarding the 30-day situation but even though WASA may be deciding to wait, I don't know really at this point if Ocean Bank will, and this deal is going to, when it closes, provide the City with one hundred thousand dollars ($100,000) in cash up front and provide Miami Capital with twenty-five thousand dollars ($25,000). The situation now is a WASA lien of ninety-five thousand and the Unibank lien of four hundred and thirty -thousand dollars ($430,000) being a first mortgage both ahead of the City in this situation. The use of funds that this particular entity which is not here to ask the City of any money, on the contrary, it's here to offer the City a cash payment is to pay off the first Unibank mortgage of four hundred and thirty thousand, pay off WASH of ninety-five thousand dollars ($95,000) and make an early payment to the City in the amount of one hundred thousand and a payment to Miami Capital of twenty-five thousand dollars ($25,000). That will place the City from a third into a second position. The only downside is that we're asking for what basically amounts to a fifty thousand dollar ($50,000) additional subordination. You might ask why is the City in a better position? Well, first of all, the City will get one hundred thousand dollars ($100,000) of badly needed cash. The City will get... Miami Capital will get one hundred and twenty-five thousand dollars ($125,000). The City will then be in second position. This gentleman has procured his own credit. He's not asking the City to give him anything and with all due respect, it's been before staff for a month. I'm glad to hear about the 30 days but I think that from a money point of view, gentlemen, it's a no -brainier. And it's something that shouldn't be deferred. Commissioner Hernandez: If I can interrupt and Commissioner Gort you have a financial background... =-Commissioner Gort:.-I-'m lost. I have to tell you, I'm lost. Commissioner Hernandez: I'm going to give you a little background but the bottom line is, and there's no better way to describe this than a no -brainier situation. It's very simple. There is an outstanding... There are two loans that are outstanding for the City of Miami, OK. Bottom line is, we're in third position in this loan, OK. They've gotten a commitment from Ocean Bank. Commissioner Gort: OK, wait a minute, let me say this. Are we addressing Indian River Properties? Commissioner Hernandez: We're on number two, number two. Commissioner Gort: We're addressing Ideal Rehab. Commissioner Hernandez: Ideal Rehab. Commissioner Gort: Ideal Rehab, OK. Originally, you said the loan was five hundred and sixty thousand dollars ($560,000). Commissioner Hernandez: The total amount of the original loan to the City of Miami was nine hundred and twenty-seven thousand. Commissioner Gort: and twenty-seven thousand, correct. Commissioner Hernandez: They now owe eight hundred and sixty-three. Commissioner Gort: Correct. 181 March 20, 1997 L Commissioner Hernandez: We're in third place. Commissioner Gort: Uh-huh. Commissioner Hernandez: They have qualified and gotten a commitment from Ocean Bank for seven hundred thousand dollars ($700,000). What they plan to do is pay off the first mortgage, which now obviously Ocean Bank will be in first place. Second place, the City of Miami will get one hundred thousand dollars ($100,000) reduction in it's principle balance of the loan, which it does not have now. Miami Capital will get twenty-two thousand five hundred dollars ($22,500) and they will pay off Miami -Dade Water and Sewer one hundred and seven thousand. Now, we go from a number three position to a number two position. The only difference is, that we're in a number position with them owing fifty thousand dollars ($50,000) more and we got one hundred thousand dollars ($100,000) in our pocket. It's as simple as that. I don't understand why it would take so much time to figure out this deal but it sounds... Commissioner Gort: No, wait a minute. You're talking about nine hundred and twenty-seven thousand dollars ($927,000) are going to be settled by one hundred and fifty, is that what you're saying? Commissioner Hernandez: What's that? No, we're not settling for anything. We're... our loan is at eight sixty-three right now. Commissioner Gort: Right. Commissioner Hernandez: Eight hundred and sixty-three. < Commissioner Gort:-Eighkhundred and sixty-three. Commissioner Hernandez: They're going to give us one hundred thousand dollars ($100,000) lowering it to seven sixty-three. They're still going to owe us seven sixty-three. Commissioner Gort: They're still going to owe us seven sixty-three. Commissioner Hernandez: Oh, yeah, they're still going to owe us seven sixty-three. We're going from three to two. I'm just explaining you, you can make a comment. We're going from three to two and we're getting one hundred thousand dollars ($100,000). The only thing is that now, we're number two instead of number three and we're... they're fifty thousand dollars ($50,000) more in the hole, that's it. Mr. Aaron Weeks (Chief-of-Staft): Commissioner, this has been submitted to the City's loan committee and I believe they have made a recommendation. However, in the interest that the applicant, if you will, needs to have this expedited on an emergency basis, staff will feel comfortable allowing the City Manager to review it and get with the loan committee and make a recommendation at next week's meeting on the 27th to analyze and independently verify the numbers as contained in the proposal that's before us. Commissioner Hernandez: I'd like you to do that on the other two proposals also. There's two... There's three in total, two I'd like to do that. Mr. Weeks: Yes, sir. Commissioner Hernandez: The reason I brought this was because of the situation with WASA (Water and Sewage Authority). Unfortunately, the private sector doesn't move as slowly as we do. I don't know if Ocean Bank can wait another week. Is that the case? Just put it on the record. If we can wait a week, we'll wait for the recommendation of the Manager. 182 March 20, 1997 Mr. Jose Dearing: We'll try. Let's hope for the hest. Let's hope that Ocean Bank will do... Commissioner Gort: Well, let me ask you a question. We can make a motion to approve subject to staff and the City Manager recommendation. Commissioner Hernandez: I would like tht. 1 wish, I wish... Commissioner Gort: Now, if this is wrong, my understanding is, what I understand from here is, we're moving from third position to second position, we're going to get one hundred thousand dollars ($100,000) payment. Miami Capital gets twenty-two thousand and we're going to second mortgage rather than third mortgage. Mr. Waters: Commissioner, if I may? One of the things... Mr. Dearing: And I keep on making the monthly payment... Mr. Waters: What... Mr. Dearing: ... that I have been making. Last year... Mr. Waters: We... Mr. Dearing: Excuse me for interrupting. Commissioner. Hernandez: Yeah, but that's just a... Mr. Dearing: Let me interrupt. Commissioner Hernandez: Hold on a second. Go ahead. Mr. Waters: If I may, Commissioners. What we've... Again, what we've tried to do because the application came before the loan committee. The loan committee deferred the item pending additional information. The developers said to us that he was under pressure to pay Dade County Water and Sewer. Staff took upon itself to go and intervene on behalf of the developer... Commissioner Gort: So you got 30 days for the... OK. Mr. Waters: ... to get an extension of that and we said to WASA at that time that we will move as quickly as possible to make a determination as to a recommendation of approval or denial of this particular loan application. We have not moved from that. Commissioner Hernandez: Bert, I understand your position and you're doing your job. My question is, what is there to think about here? Explain that to me? This man has a seven hundred thousand dollar ($700,000) commitment. We're going from three to two, we're getting one hundred thousand dollars ($100,000) that we do not have now plus we're getting twenty-two thousand dollars ($22,000). What is there to think about? Is there a... explain that to me and then maybe... Maybe I'm wrong? Mr. Waters: Commissioner. Commissioner, I myself cannot make that decision alone. There is a loan committee that has been established to review these applications and to bring forth the recommendations as to approval or denial. I'm not, I hope my response is not being interpreted as argumentative. What we're saying is, we are working with the developer. This is something that has been brought today and what we're saying or asking is that I'll give the loan committee an opportunity to review this new information. This is something that we just got. 183 March 20, 1997 I�� F Commissioner Hernandez: Bert, you and I sat down, spoke about this almost a month ago. You know what's going on here. We sat down, we looked at the numbers, don't tell me now that this is... you just got this. You're well aware of this. You already reviewed this. And you're telling me you just saw this for the first time. Mr. Waters: Commissioner, let me clarify. I'm not saying that I just saw this for the first time. We had indicated again that we needed additional information on this particular application and we also said to the developer that we would assist him in trying to get relaxation against what Dade Water and Sewer was threatening to do. They wanted to cut the water off and we intervened on his behalf. Commissioner Hernandez: Commissioner Gort. Commissioner Gort: When does the water... When does the committee meet again? Do they meet next week so we get a response for next week? Mr. Waters: Yes. Mr. Weeks: Commissioner, the Manager can get information from the loan committee to have a recommendation for next week. Vice Mayor Regalado: Has the loan committee met yet? Commissioner Hernandez: Yes, they met once already on this. =Mr:.Waters: -We.met once already, sir. Mr. Dearing: All, Commissioner... Commissioner Gort: They asked for additional information. Mr. De Zayas: Commissioner, if I may? The loan committee... Vice Mayor Regalado: Sorry. What I am saying is, if they met after that we discussed this issue or not? Mr. Waters: I'm sorry. Would you repeat your question, Vice Mayor? Vice Mayor Regalado: Loan committee met after we discussed this issue with you or not? Mr. Waters: No. What we did was, we intervened to get the extension from Dade Water and Sewer, that's where we moved forward on. Vice Mayor Regalado: OK, OK. Mr. De Zayas: Mr. Vice Mayor, if I may? The loan committee met and we received the letter. My client received the letter dated Miami... I am sorry. Dated February 24th, and that letter requested a package of... including the loan application and information that has been given to staff over a month ago. And for a month we've been waiting and we've been until we heard today for the first time that we got this period of grace of 30 days. Mr. Waters: No, sir. 184 March 20, 1997 L _� Mr. De Zayas: We've been thinking... Mr. Waters: No, sir. If I may, excuse me for cutting you off. I have to for the record indicate that we sent a letter to Dade Water and Sewer requesting that extension. We also advised your client that that extension... I talked to him about that. I advised your client that we stepped in to assist to get a 30-day extension. Did I not? Mr. Dearing: Mr. Waters... Vice Mayor Regalado: And I said it to him. And I said it to him, he knew about the 30-day extension because I told him. I spoke to Marta Martin, Executive Vice President of the Water and Sewer Department and asked her for... so he knew. Mr. Dearing: Let me say that I appreciate very much Mr. Waters efforts on our behalf in contacting WASA. But the results, no matter how many letters he has sent, WASA last Tuesday, two days ago posted signs on the building that the water was going to be disconnected on Tuesday. He has been very nice and I do appreciate his efforts in contacting WASA or sending letters to WASA but I haven't received anything from WASA. No one in here can tell me that WASA has sent something agreeing to that. Let me stop a moment... just for a moment to clarify a point in here. Last year, I paid Ms. Kearson, Linda Kearson, the nice lady in red who was the lawyer for the City. I paid the City at that time one hundred thousand dollars ($100,000). I paid twenty-two thousand to Miami Capital and we entered into a written, recorded, court recorded agreement by which this year in June, they were to receive another one hundred thousand dollars ($100,000). I went our of my way to... due to the pressure from WASA to go to Ocean Bank and get the commitment to lend the money so they can receive again, another one hundred thousand dollars ($100,000) for or five months ahead of time. Since January, I have been asking for this, �., and all I'm saying isrgentlemen, right now you're subordinated to almost six hundred thousand dollars ($600,000) increase your subordination by a one hundred and let me give you one hundred and twenty-five. My grandfather used to have a little potato shop in Cuba a long time ago, and anyone that said "Hey, increase your risk by fifty thousand and I'm going one hundred and twenty-five thousand." He would have loved to take that deal. I fail to understand the difficulties in understanding simple, first grade arithmetic. Commissioner Plummer: We're still on this thing? Commissioner Gort: Well, that's the difference between the private sector and the public sector. The public sector unfortunately has to do certain things to protect itself and has a check and balance and cannot act as we do in private sector. I mean... I understand what you're saying. I think what staff is saying is that we can make it a motion, approval subject to the approval of the loan committee and the marketing committee and you can go to the bank with that and the bank will accept it. Mr. Dearing: That's fine with me, but all of these considerations took place last year when we entered into the written agreement. Commissioner Gort: But the one thing, Miami Capital. Banks... Commissioner Plummer: Wait, woa! You better slow down, because, I'm about ready to invoke the rule. Commissioner Gort: OK. Commissioner Plummer: It was my understanding when I walked out of this room to find some papers that were desperately needed, that all was going to be asked of this Commission here this 185 March 20, 1997 In evening was to ask the City Manager to explore and to come back to this Commission with recommendations. Vice Mayor Regalado: That's... Commissioner Hernandez: On two out of the three items, Commissioner. Commissioner Plummer: OK. Commissioner Hernandez: On two out of the three. Commissioner Plummer: OK. But nothing is in fact, action being taken tonight, other than to ask the City Manager to explore. If it is, then I'm sorry, I apologize... Commissioner Gort: Why don't you explain to, J.L., the... Commissioner Plummer: Excuse me? Commission Gort: Let them explain to you the position... Commissioner Hernandez: Let me just run this by you, Commissioner. Commissioner Plummer: Please? Commissioner Hernandez: On page number two, my pocket item. Commissioner Plummer:- Yes, sir. Go ahead, I'm here. Commissioner Hernandez: The City of Miami has a loan for nine hundred and twenty-seven thousand dollars ($927,000), OK. Commissioner Plummer: OK. Commissioner Hernandez: We are in third position, currently. Commissioner Plummer: All right. Commissioner Hernandez: That loan has been paid down to eight hundred and sixty-three dollars ($863) at the current time, roughly they numbers, OK.? This gentleman has qualified for a seven hundred thousand dollars ($700,000) commitment letter from Ocean Bank. He proposes to put us instead of third place in second place and pay us one hundred thousand dollars ($100,000) up front, OK. He's not wiping out anything else. The loan is going to go down from eight sixty-three now to seven sixty-three. Mr. De Zayas: Excuse me, Commissioner, he also intends to pay the ninety-five thousand dollar ($95,000) WASA lien out of this closing... Commissioner Hernandez: Yeah. Mr. De Zayas: ... which at this point, primes the City. It's in a senior position to the City. Commissioner Hernandez: Exactly, superior. So, not only have we gone from number three to number two, but we're getting one hundred thousand dollars ($100,000). On top of that, Miami Capital gets twenty-two thousand five hundred dollars ($22,500) and top of that, they're taking care of a lien that is superior to our third position. It's that simple. The only thing is... 186 March 20, 1997 L Commissioner Plummer: I have... Commissioner Hernandez: ... the only thing is, they're going to be in debt fifty thousand dollars ($50,000) more than they are right now. Commissioner Plummer: Question. Has Miami Capital gone through this? Mr. Raul Martinez: Yes, sir. Commissioner Plummer: Do you concur? Mr. Martinez: But, sir, the position of Miami Capital is somewhat different from the position of the City. That is, Miami Capital entered into that agreement last year, after very diligent work together with the Housing Department of the City and the department of Community Development because Miami Capital has charged off a loan in excess of three hundred thousand... Commissioner Plummer: Are you protected? Mr. Martinez: If I may? If I may? And then for us it was a recovery and we even collected or agreed to collect certain portion on the dollar maybe one third or thirty cents on the dollar. That was not the case with the City of Miami. Now, I am not here to speak on behalf of the City of Miami but on behalf of Miami Capital, I must say that he has kept his word, his payments are up-to-date. .{,Commissioner-PIummer: Are you protected? Mr. Martinez: However, our position is entirely different from the City of Miami. Commissioner Hernandez: Commissioner Plummer. Commissioner Plummer: Again, are you protected? Yes or no? Mr. Martinez: Yes, we are protected by the agreement. Commissioner Plummer: Thank you, sir. Commissioner Hernandez: Let's put things in perspective. Number one, we're talking about Overtown. This is one of the few corporations that are investing serious money into Overtown. Commissioner Plummer: I'm very much aware of what they're doing. I voted for them at the CRA. The second question I have is of the administration. Have you reviewed this document? Are you in concurrence with this document that it is in the best interest of the City? Mr. Weeks: Commissioner, the loan committee reviewed the basic information and requested some additional information. In the meantime, they also interceded on behalf of the applicant to the Metro Dade County Water and Sewer Department. Apparently, there is an emergency nature in terms of the time frame for which they need to have this resolved prior, perhaps prior to the next loan committee meeting. The City Manager has not had an opportunity to review it because it did not complete the cycle through the loan committee. What we're asking is that we have an opportunity to review the information from the loan committee and come back next week at our meeting and make a recommendation regarding all three of the items. 187 March 20, 1997 Commissioner Plummer: Is that acceptable? Is that acceptable? Mr. Weeks: The applicant has not represented that they will be prevented from obtaining the loan from Ocean Bank between now and next week. Commissioner Hernandez: This has been holding on for some time. Commissioner Plummer: All right, but... Commissioner Hernandez: ...and the loan commitment, you know, expires after a certain period. Commissioner Plummer: I'm only asking, another seven days? Can they wait another seven days? Mr. Dearing: I'll have to go to Ocean Bank and try to explain to them that despite the fact... Commissioner Plummer: OK. Mr. Dearing: ... that since December... Commissioner Plummer: All right. Mr. Dearing: ... since December we've been trying to get the approval, we are requesting them to wait another week. Commissioner Plummer: All right, then... Mr. Weeks: You will have an answer by next meeting date of March 27th. Commissioner Plummer: That's fine. Vice Mayor Regalado: Should we then? You want to have a motion or you want to just wait for? Commissioner Plummer: Whatever you need. You want to make a motion to that effect, put it off until next week? I'll move. Hello, I'm calling collect. Commissioner Hernandez: Aaron, I want to make a motion to the effect on all three, I want to give direction that you come back with a recommendation, the City Manager on all three refinancing requests. I think it's important for the area. We need to do something, we need to improve our relationship with the private sector and we cannot continue to do business like we've been doing. The bottom line is, I'd like to make a motion on this issue, that we would approve the refinancing of this loan subject to the recommendations of the City Manager. Commissioner Plummer: That's fine with me, subject to. Vice Mayor Regalado: OK, there is a motion by Commissioner Hernandez, second... Commissioner Plummer: Well, that. Let's understand so they understand. If the City Manager and his staff say, "We don't feel this is in the best interest," it's not done. Commissioner Hernandez: It's not done, but we can revisit it, correct? Commissioner Plummer: That's true, of course you can. 188 March 20, 1997 Commissioner Hernandez: All right. And that way he's got some more leverage with the bank. Commissioner Plummer: Fine with me. Vice Mayor Regalado: OK. Well, I second the motion then and all in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-174 A MOTION TO APPROVE REFINANCING OF THREE HOUSING PROJECTS: (1) INDIAN RIVER PROPERTIES ASSUMPTION OF SECOND MORTGAGE BY SENTRA PROPERTIES OR ASSIGNS: (2) SUBORDINATION REQUEST BY IDEAL REHAB, INC. AND LIBERTY CITY IMPROVEMENT, CORPORATION: AND (3) SUBORDINATION REQUEST BY DOWNTOWN INVESTMENTS, INC., AS MORE FULLY OUTLINED DURING TODAY'S DISCUSSION OF THIS ITEM AND SUBJECT TO THE APPROVAL OF THE CITY'S LOAN REVIEW COMMITTEE AND ULTIMATELY THE CITY MANAGER. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: c. Commissioner J.L. Plummer, Jr. - Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner Wifredo Gort Mayor Joe Carollo Mr. Dearing: Thank you for your time, gentlemen. Mr. De Zayas: Thank you very much, gentlemen. ---------------------------------------------------------------------------------------------------------------- 28. DISCUSS / DEFER CONSIDERATION OF ALL BOARD APPOINTMENTS. ---------------------- ----------------------------------------------------------------------------------------- Vice Mayor Regalado: OK, we're on... Commissioner Plummer: Mr. Vice Mayor, let me ask you a question because I fully intend to go home at nine o'clock, all right? That's 13 hours I've been here today and we're, you know in... Vice Mayor Regalado: Well, I fully intend to go to work at nine o'clock. Commissioner Plummer: Well, OK. Yeah, that's fine. But I was up at six this morning doing my business. 189 March 20, 1997 Vice Mayor Regalado: I was up at five this morning; doing a live broadcast. Commissioner Plummer: Well, you beat me. But I mean... Vice Mayor Regalado: Well, anyway... Commissioner Plummer: ... let's be realistic as to... Vice Mayor Regalado: You want to do appointments now? Commissioner Plummer: No, I would like... Vice Mayor Regalado: Is anything; else? Commissioner Plummer: What I would like to do, is any items that the public are here on, public not you. Any item... Any member of the public that has an item, I would like to take up and then the rest of it we can defer as we realize time is running out. Vice Mayor Regalado: We... We have... Ms. Linda Kearson (Assistant City Attorney): We have to do number seven. Commissioner Plummer: What? Ms. Kearson: We've got to do item number seven. Commissioner Plummer: Well; we ain't got to do anything. -We've. got to die and:pay taxes and we wish they came in that order. Vice Mayor Regalado: I'm sorry, is that seven? Commissioner Plummer: That's tine but they don't have to do it. I would move at this time, Mr. Vice Mayor that we defer all appointments to another date. Is that agreeable? Vice Mayor Regalado: Madam Attorney, can we deter for next week, the appointments? Because we've been... Ms. Kearson: We can continue them until next Thursday. Vice Mayor Regalado: OK, what is happening; is that the City Clerk is telling many of us, I guess that we need to make appointments because some of the boards do not have quorum. So... Mr. Jones: Yeah, that's right. Ms. Kearson: That's true. Commissioner Plummer: I don't have that problem with either one of my boards. Vice Mayor Regalado: Well... Commissioner Hernandez: Can we move it? Commissioner Plummer: Neither one of my boards I got a problem with. 190 March 20, 1997 L Vice Mayor Regalado: We do have problems with some. Commissioner Plummer: Well, change your quorum requirements as I did. It works great. Vice Mayor Regalado: Well, anyway we will do it... Commissioner Hernandez: Next meeting. Vice Mayor Regalado: ... next week. Commissioner Hernandez: I make a motion to continue the appointments to the next meeting. Commissioner Plummer: Second. Vice Mayor Regalado: OK, there's a motion for next week by Commissioner Hernandez, second by Commissioner Plummer. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-175 A MOTION TO DEFER CONSIDERATION OF ALL ITEMS DEALING WITH BOARD APPOINTMENTS (AGENDA ITEMS 44.1 THROUGH 44.23) TO MARCH 27, 1997. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 29. (CONTINUED) DISCUSS / DEFER TO NEXT MEETING AT 5:P.M. CONSIDERATION OF AGENDA ITEM 45 (ST. HUGH OAKS VILLAGE ASSOC., INC, BOARD OF DIRECTORS / OFFICERS MEETING) -- SEE LABEL 26. Commissioner Plummer: I now move according to the City Attorney that we can defer item 45 on Saint Hugh Oaks Condominiums until next week. I so. Commissioner Gort: We already did. 191 March 20, 1997 i_ J F Ms. Linda Kearson (Assistant City Attorney): We did. Commissioner Plummer: You did? Ms. Kearson: Let's do it for a time certain, if you will, five o'clock next week. Commissioner Plummer: No, four o'clock. Commissioner Gort: Mr. Vice Mayor. Ms. Kearson: Whatever? Commissioner Gort: We need to do four. Vice Mayor Regalado: We have to do... We should do seven. Commissioner Hernandez: Seven. Seven too. Commissioner Gort: We need to do four too. Commissioner Plummer: All right. Commissioner Gort: Four, CDBG (Community Development Block Grant). Vice Mayor Regalado: Item seven. I am sorry? -Commissioner Hernandez:A move -item seven if... Vice Mayor Regalado: Wait, wait, wait. Commissioner Plummer: Wait a minute. Let's get back here. Vice Mayor Regalado: Four, four, four. We need to do four. --------------------------------------------------------------------------------------------------------------- 30. (CONTINUED) DISCUSS / INSTRUCT ADMINISTRATION TO EXPLORE WITH REPRESENTATIVES OF CARRFOUR SOLUTIONS TO CITY'S COMMITMENT TO PROVIDE AIR CONDITIONING UNITS FOR ROBERT KING HIGH TOWERS -- SEE LABEL 19B. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Wait a minute? May I ask, are you folks here on a particular item? Vice Mayor Regalado: Yes, they are. I think that... and we have here the people. If we can address what J.L., said, what the people are here for and then we'll take... Commissioner Plummer: Well, I think... Vice Mayor Regalado: I think that we have... Commissioner Plummer: Out of courtesy we ought to take the people that are the public and then... 1.92 March 20, 1997 F Commissioner Gort: You know... What's the wish? Let's go, we're wasting time. Commissioner Plummer: What item are you here on? Vice Mayor Regalado: OK, I am sorry. We have several people about Robert King High buildings and air conditioning. We spoke about that a few hours ago. Commissioner Gort: But that... we already moved about that. Vice Mayor Regalado: I am sorry. Commissioner Gort: We moved that a long time ago. Vice Mayor Regalado: Right. But, just for their information... Commissioner Plummer: That's HUD's (Housing and Urban Development) responsibility. Vice Mayor Regalado: Delia, Luise, the people that are here... We dealt with that issue and the City Attorney was instructed to see what was the responsibility of the City of Miami in terms of their air condition according to an ordinance that was passed by the City Commission many months ago. Ms. Kearson: It was a resolution. Vice Mayor Regalado: A reso. Ms. Kearson: Are you referring to Carrfour again, sir? Vice Mayor Regalado: Yes. Ms. Kearson: Yes, it was a resolution that was passed last summer. And it stated that the City Commission intends to provide funding at some future date utilizing CDBG funds. There is not a specified date including in that resolution. Commissioner Plummer: Yeah, how much, about how much money are we talking about? Ms. Kearson: We're talking about a half a million dollars ($500,000), if I'm not mistaken, sir. Vice Mayor Regalado: Well, I can tell you about that. J.L., I can tell about that. On the day that we went there, I think a year and a half ago or something like that, and Commissioner Bruce Kaplan went to my radio program that night and announced that he had found the money in the county to fund the air conditioning in King High Towers. After that, I don't know what happened. 1 am told also that Senator Al Gutman promised that the state will fund part or help county fund part of their air condition. I don't know, I wasn't here when that resolution was passed. I don't know the role of the City but if we can do something... OK, this is a... It says here that the City Commission would allocate half a million dollars ($500,000). Ms. Kearson: Yes, it does sir, but it doesn't specify from... Commissioner Plummer: When? Ms. Kearson: ... what funding period. L 193 March 20, 1997 Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah. Mr. Vice Mayor, also earlier this evening there was a discussion pertaining to, I don't remember whether you had walked out or whatever. But, the Commission directed us to sit down and try to find a solution or how we are going to go about doing it. I think part of the problem as I mentioned before is that the... Dade County has basically said that "well, we're not going to give you one penny until the City puts forth its five hundred thousand dollars ($500,000). So we're... pursuant to your instructions, we will sit down and see how we can best resolve this matter and report back to you. Ms. Alicia Diaz: [COMMENTS MADE IN SPANISH.] Vice Mayor Regalado: Well, I don't... Commissioner Plummer: Well, it's a simple answer. We don't have the money presently and what they're going to have to do is to sit down with the administration and to see if there is any avenues that can be explored in which hopefully some kind of a solution can be brought about. You know, because the real problem is, if you don't have the money you can't produce. And I think that's pretty well obvious to a an awful lot of people when that commitment was made we didn't know of the problems that exist today that did not in our minds exist then. So, like everybody else is, we're all going to have to stand in line and again, there are going to be some bullets that have got to be bitten. Vice Mayor Regalado: And... Commissioner Plummer: And it's unfortunate but that's the name. Vice Mayor Regalado:. And besides, we can also go back to the County and... Can we lobby County Commissioners? Commissioner Plummer: Of course. Commissioner Gort: Sure. Ms. Kearson: Sure. Vice Mayor Regalado: OK. Well, I was, you know.. I'm afraid that the governor won't let us. But... Commissioner Gort: Who won't let us? Vice Mayor Regalado: Governor. Commissioner Gort: Oh. Vice Mayor Regalado: We will lobby the County Commissioner, Bruce Kaplan. [COMMENTS MADE IN SPAINSH.] Commissioner Gort: Also the state. Vice Mayor Regalado: I am sorry. Commissioner Gort: The state also. Vice Mayor Regalado: Well. Yeah, but that's a County building and I know, I know for a fact that Commissioner Kaplan said that he had found some funds and Renee Rodriguez also from HUD said that they had funds available. So, we just need to go and find out, OK. 194 March 20, 1997 F Ms. Diaz: [COMMENTS MADE IN SPANISH.] Vice Mayor Regalado: Muchas gracias, senora. Ms. Diaz: Gracias a ustedes. Vice Mayor Regalado: Gracias. ---------------------------------------------------------------------------------------------------------------- 31. REAFFIRM APPROVAL OF AMENDED RESTATED ADDENDUM II TO OMNI REDEVELOPMENT PLAN FOR PROPOSED PERFORMING ARTS CENTER PROJECT FOR PURPOSES OF INCREASING DOLLAR AMOUNT OF TAX INCREMENT FUNDS FROM DEVELOPMENT PROJECT. ------------------------------------------------------- -------------------------------------------------------- Commissioner Plummer: I move item seven on the agenda, which is where I'm being told by the City Attorney we have to do. Commissioner Hernandez: I second it. Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer, second by Commissioner Hernandez on item seven. All in favor, say "aye." _ .The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-176 A RESOLUTION, WITH ATTACHMENTS, REAFFIRMING THE APPROVAL OF THE AMENDED AND RESTATED ADDENDUM II ("ADDENDUM II") TO THE OMNI REDEVELOPMENT PLAN <"PLAN>) INCORPORATING THE PROPOSED PERFORMING ARTS CENTER PROJECT ("PROJECT") INTO SAID PLAN; APPROVING THE AMENDMENT TO THE ADDENDUM ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF I INCREASING THE DOLLAR AMOUNT OF THE TAX INCREMENT FUNDS ("TIF") TO BE CONTRIBUTED FOR THE DEVELOPMENT OF THE PROJECT; RECOMMENDING APPROVAL OF AND DIRECTING THE CITY MANAGER TO SUBMIT FOR FINAL APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY SAID ADDENDUM AS HEREIN AMENDED BY THE AMENDMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 195 March 20, 1997 F Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 32. AUTHORIZE CITY MANAGER TO REALLOCATE $1,774,232 OF UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO ELIGIBLE CITY SPONSORED CDBG ACTIVITIES WITHIN 8 DESIGNATED TARGET AREAS TO ASSIST CITY WITH EXISTING FISCAL EMERGENCY. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: We need also to deal with number 15. Mr. Linda Kearson (Assistant City Attorney): And sir, on number four and number five. -::Commissioner Gorv- We have to deal with those. Ms. Kearson: Yes. Commissioner Plummer: Item four. What is item four? Ms. Kearson: The reallocation... Commissioner Gort: The reallocation... Ms. Kearson:... of CDBG (Community Development Block Grant) funds for certain projects. Commissioner Plummer: Move it. Commissioner Hernandez: Second. Vice Mayor Regalado: There is a motion by Commissioner Plummer, second by Commissioner Hernandez. Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street in Allapattah. I come here, I don't know the other people... probably they left or something. But they told us the other day that people from CD (Community Development) were going to meet with us about the... a specific item. Nobody even sent me a postcard at home about the redeployment or whatever, reprogramming of the Allapattah Produce Market business, seventy-one thousand seven hundred dollars ($71,700). That was a study that we vote, the community vote to study the market there, the transportation, what is causing the problems of the code violations at the market. And now they say they're going to use this money for code enforcement. How you're going to do it? The code enforcement... if you don't solve the problem first. Don't do... what you're doing here is 196 March 20, 1997 F symtomatic medicine. No, go to the cause. Whatever is causing that problem at the market and that was... the money was supposed to be used for that but the City, they didn't do it. That was supposed to be, to get together with ABDA (Allapattah Business Development Authority) and other people there and do it. And we vote, we were involved in the process and that is, this what you're doing here is making a mockery of the process, of the civilian... No, the way the people get involved in the system. And I'll be persistent, I'll be coming around here because that's not the way to do business. This is money that's supposed to go for community development of our community and that market is impacting our neighborhood in a negative way and shouldn't be done. You should have come to us because that was the... your department that Mr. Waters was directing, to contact us and see what we could do in the meantime before the meeting. Nobody called me. Nobody left any message, nobody didn't send me a post card. And, I don't know, because maybe the only thing for me to do will be to write to Angelo Castillo, write to Maria Ortiz, and write to Andrew Cuomo or write to President Clinton. Because that shouldn't be done, the way it's done here. We've been years and years trying to get this money to do a study of the thing. Vice Mayor Regalado: Thank you. Commissioner Plummer: Have we approved, have we voted on the item? Commissioner Hernandez: No. Vice Mayor Regalado: No, we have not. Commissioner Hernandez: Second. ..Vice Mayor Regalado: No, it's not. Mr. Fred St. Amand: Fred St. Amand. Item four. Last time I was here, that was to be postponed until... though we had a meeting with Mr. Waters, although everyone of us felt that a decision had already been made. We agree. We agree since it's, you know, based on the emergency that you know, you asked us to give up the three hundred thousand dollars ($300,000). But there is one important point that I would like to bring to you. I am not here to fight for the money, but this money was allocated by you for infrastructure improvement. Mr. Waters told you that this money was given to Little Haiti Housing when in fact it was requested by the NET (Neighborhood Enhancement Teams) office for infrastructure improvement. Mr. Waters, tell us again that no action had been taken to spend this money, which I think is not accurate. Now, I have a letter in my hand from the Public Works Department, here it is, requesting the assistance of the NET office to identify uses of funds. What is happening? Is Public Works talking to Bert? I don't know. Vice Mayor Regalado: We need to move along. It's two minutes and... thank you. Tom, you want to? Commissioner Plummer: Call the roll. Vice Mayor Regalado: OK, call the roll. 197 March 20, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-177 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REALLOCATE $1,774,232.00 OF UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO BE ALLOCATED TO ELIGIBLE CITY SPONSORED CDBG ACTIVITIES WITHIN THE EIGHT (8) DESIGNATED TARGET AREAS AS HEREIN SPECIFIED, FOR THE PURPOSE OF ASSISTING THE CITY OF MIAMI WITH THE EXISTING FISCAL EMERGENCY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 33. EMERGENCY ORDINANCE: AMEND SECTION III OF ORDINANCE 11337 -- INCREASE APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT 322061 ENTITLED "TOWER THEATER REHABILITATION" FROM $1,302,800 TO $1,906,800. -------------------- ------------------------------------------------------------------------------------------- Commissioner Plummer: I move item 30 which I think is very... Ms. Linda Kearson (Assistant City Attorney): Item five, first. Vice Mayor Regalado: Wait, wait. Commissioner Plummer: Why five? Ms. Kearson: As a companion to item four. That's the ordinance. Commissioner Plummer: So, move it. Ms. Kerason: An emergency ordinance... I am sorry. Vice Mayor Regalado: Second. Commissioner Plummer: Is it an ordinance? 198 March 20, 1997 Ms. Kearson: They haven't voted. Vice Mayor Regalado: All in favor? Commissioner Plummer: Let her read the ordinance. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION III OF ORDINANCE NO. 11377, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING THE APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT NO. 322061 ENTITLED "TOWER THEATER REHABILITATION" FROM $1,302,800 TO $1,906,800, AN AMOUNT OF $604,000; CONTAINING A REPEALER PROVISION AND AS SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Vice Mayor Regalado, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor Regalado, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11461. 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. 199 March 20, 1997 L ---------------------------------------------------------------------------------------------------------------- 34. AUTHORIZE SELLING CITY PROPERTIES AT: 1975 N.W. 12 AVE / 1145 N.W. 11 ST / 900 S.W. 1 ST / 970 S.W. 1 ST / 2301 N.W. 10 AVE / 65 S.W. 1 ST. / 2200 WEST FLAGLER / 151 N.W. 27 AVE. / 1390 N.W. 7 ST / 650 CURTISS PARKWAY, MIAMI SPRINGS. -- SEE LABEL 57. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move item 30, which I think is very important to this City. It's a resolution in reference to the properties that we need to put up for sale to meet the April 15th deadline. Commissioner Hernandez: Second. Vice Mayor Regalado: There's a motion by... Sorry. Commissioner Hernandez: On item 30. Vice Mayor Regalado: Sales of property. There is motion by Commissioner Plummer, seconded by Commissioner Hernandez. All in favor, say "aye." The Commission (Collectively): Aye. 200 March 20, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-178 A RESOLUTION AUTHORIZING THE CITY MANAGER OT SELL THE FOLLOWING CITY -OWNED REAL PROPERTY: (1) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 1975 NORTHWEST 12 AVENUE, MIAMI, FLORIDA; (2) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 1145 NORTHWEST 11 STREET, MIAMI, FLORIDA; (3) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 900 SOUTHWEST 1 STREET, MIAMI, FLORIDA; (4) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 970 SOUTHWEST 1 STREET, MIAMI, FLORIDA; (5) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 2301 NORTHWEST 10 AVENUE, MIAMI, FLORIDA, (6) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 65 SOUTHWEST 1 STREET, MIAMI, FLORIDA; (7) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 2200 WEST FLAGLER STREET, MIAMI, FLORIDA; (8) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 151 NORTHWEST 27 AVENUE, MIAMI, FLORIDA; (9) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 1390 NORTHWEST 7 STREET, MIAMI, FLORIDA; AND (10) A PARCEL OF LAND AND IMPROVEMENTS LOCATED AT 650 CURTISS PARKWAY, MIAMI SPRINGS, FLORIDA; AUTHORIZING THE CITY MANAGER TO EMPLOY SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY MANAGER OR CODE FOR PURPOSES OF SOLICITING OFFERS FOR THE PURCHASE OF THE ABOVE DESCRIBED PROPERTIES, TO TAKE ALL ACTIONS NECESSARY INCLUDING, IF REQUIRED BY LAW, THE ISSUANCE OF INVITATIONS TO BID, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE PURCHASE `AND SALE AGREEMENTS AND TO PRESENT THE NEGOTIATED AGREEMENTS TO THE CITY COMMISSION FOR FINAL APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo NOTE FOR THE RECORD; Although absent during roll call, Mayor arollo request of the Clerk to be shown in agreement with the motion. Vice Mayor Regalado: OK. L 201 March 20, 1997 F Commissioner Plummer: What's the problem? Vice Mayor Regalado: No problem, we just voted. Commissioner Plummer: OK, I move item 31. Vice Mayor Regalado: Wait, wait. Mr. George Calif: Well, I just wanted to make a comment on number 30, is that? Vice Mayor Regalado: I am sorry. Mr. Calif: I'm George Calif with Marcus Millerchap. I spoke a month ago in reference to... Commissioner Plummer: We send you, Mr. Calif, over the City Manager's and if you, if he wishes to engage you he could. And that was the outcome of that at that particular time. Vice Mayor Regalado: Yeah. Commissioner Hernandez: Are we going to be going to the private sector? Commissioner Plummer: You made some very good... Mr. Calif: I was under the interpre... I am sorry. I was under the interpretation that you know, .,;.we were going, you -were going to consider using.a-process as to finding a broker to -find the best r . possible buyer for these properties. Commissioner Plummer: That's up to the City Manager. Mr. Jack L. Luft (Director, CPR/Community Planning and Revitalization): Yes. Commissioner Plummer: That's up to the City Manager. Vice Mayor Regalado: That's for the City Manager to respond. Mr. City Manager. Mr. Luft: All right. We are working on a flat fee basis of a simple professional services contract with certain brokers that handle particular sectors of the real estate industry. For instance, on the Municipal Justice Building, we're talking to people that specialize in medical service industries, HMOs and medical research facilities to get us into that sector to get us proposals. OK, we want three bids, we want three good ones. And for a flat fee, they can get us in there, help us do due diligence, get a market perspective and get us good bids... Commissioner Hernandez: They're going to be different? Mr. Luft: ... and they will help us negotiate the sale. Same for Bobby Maduro with industrial properties and wholesale produce the same kind of market approach. They are small fees but they are getting us into the private market that we need to get into. And that's the way I think we can handle this. Commissioner Plummer: Wait, wait, let me make sure. When you say, Bobby Maduro for produce... Mr. Luft: For... 202 March 20, 1997 0 Commissioner Plummer: ...we're not talking about another Farmers Market, are we? Mr. Luft: No sir, we are talking about lockers, we are talking about potential Mower (phonetic) exchange, we're talking about jobs, we're talking about commercial, that's part of that industrial 23rd Street sector. Commissioner Plummer: Yeah. That's fine but just don't let me go over there and see another Farmers Market... Mr. Luft: No, sir. No. Commissioner Plummer: ... that's a disgrace to this City. Commissioner Hernandez: Mr. Luft. Mr. Luft: Yes. Commissioner Hernandez: Will this gentleman's company be given the opportunity along with anybody else to? Mr. Luft: Yes, sir. What we... As we have speciality needs. I think the best way we can approach this is to look at each site, if it's a golf course, if it's an industrial, if it's medical related and look at the sectors that we need to get to and get the assistance to get there. This is not like, you know, selling a house where you just put it out to the whole world. .Commissioner Hernandez: Right. Mr. Luft: You've got to penetrate that market, so if Marcus and Millerchap would like to come to us and present their specific credentials, we'll go through every site with us and see how they can help us on specific sites, and if that works we will go that way. Commissioner Hernandez: Excellent. Vice Mayor Regalado: Well, I think he already has. Mr. Luft: On a professional services agreement. What I think he was hoping to do is to represent us on all our sites. Vice Mayor Regalado: Oh, OK. Mr. Luft: OK. And what we prefer to do is look at each site individually to see how their speciality can help us. Commissioner Plummer: Well, he can make a proposal. Vice Mayor Regalado: OK. Mr. Calil: Well, specifically not every... Vice Mayor Regalado: OK, we need... we really need to move. Mr. Calil: OK, thank you. 203 L March 20, 1997 ---------------------------------------------------------------------------------------------------------------- 35. AUTHORIZE CITY MANAGER TO ISSUE REVOCABLE LICENSE, TO BELAFONTE TACOLCY CENTER, INC. -- FOR USE OF PROPERTY AT 6161 NORTHWEST 9 AVENUE -- FOR PROVIDING YOUTH DEVELOPMENT / EDUCATIONAL / LEADERSHIP TRAINING. Commissioner Plummer: The City Attorney has asked for 31 and 32 and out of respect and in respect I would move 31. Tacolcy. Vice Mayor Regalado: OK. Commissioner Plummer: Are you in opposition? Mr. Clyde Judson: No, I am not in opposition. My name is Clyde Judson, my address is 2730 Southwest 3rd Avenue. Commissioner Gort: Move it. Mr. Judson: I am the secretary of the Board of Tacolcy, we need to ask for... Commissioner Plummer: For what? Mr. Judson: Staff's making signs at me, I don't know... Commissioner Plummer: Ask for what? Mr. Judson: We've been informed that the revokable permit requires Tacolcy to place a fifteen thousand dollar ($15,000) deposit on the facilities. Tacolcy is unable to place fifteen thousand dollars ($15,000) deposit on the facilities. Commissioner Plummer: So, there you go. Then, you've got to move out. Mr. Judson: We'll move out very... if we have to do that. But as you know, Commissioner Plummer, since you are one of the few people who have been around, that facility was built in partnership with Tacolcy and we've been there for 27 years. Commissioner Plummer: Well, let's... Is there anyway we can avoid them putting up a deposit? Ms. Lori Lutes (Lease Manaement Specialist): The Commission has directed us to ask for a security deposit equal to three months... Commissioner Plummer: Absolutely. Ms. Lutes: And we've asked them to post that due to their situation and their funding cycles. They're requesting that it be waived. Commissioner Plummer: Is it within the purview of this Commission to do such? Commissioner Gort: Excuse me. Yes. Ms. Lutes: Yes. 204 March 20, 1997 i X Commissioner Gort: My understanding, J.L., one of the reasons we brought this up, it was particularly for the private sector and for the money making individuals that we talk about. Commissioner Plummer: OK. How about? Commissioner Gort: I think when we talked about the nonprofit corporations... Commissioner Plummer: I tell you how we're going to do it, OK. On item 32, we're going to give 'ern two thirty-nine less fifteen thousand. Mr. Judson: That's fine. Commissioner Plummer: I move item 31, as is. Commissioner Hernandez: Second. Vice Mayor Regalado: Thirty-one and 31-A? Commissioner Plummer: No, 31. Call the roll. Vice Mayor Regalado: OK, 31. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-179 "'A", RESOLUTION, _-WITH -ATTACHMENT(S), ---AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM, TO BELAFONTE TACOLCY CENTER, INC. A NONPROFIT CORPORATION ("LICENSEE"), FOR THE USE OF THE PROPERTY LOCATED AT 6161 NORTHWEST 9TH AVENUE, MIAM1, FLORIDA, FOR THE PURPOSE OF PROVIDING YOUTH DEVELOPMENT, EDUCATIONAL AND LEADERSHIP TRAINING, SAID REVOCABLE LICENSE 1) TO BEAT AN INITIAL MONTHLY FEE OF $5,374, WHICH FEE SHALL BE RETAINED BY LICENSEE AS THE AMOUNT OF THE CITY'S CONTRIBUTION TO THE PROGRAMS PROVIDED BY LICENSEE; AND 2) SUBJECT TO ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID REVOCABLE LICENSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo 205 March 20, 1997 L ---------------------------------------------------------------------------------------------------------------- 36. (A)AUTHORIZE CITY MANAGER TO ALLOCATE $239,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM 22ND YEAR OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -- FOR PHYSICAL IMPROVEMENTS AT BELAFONTE TACOLCY CENTER. (B)COMMENTS BY COMMISSIONER PLUMMER ON DEADLINE FOR COUNTY TO FINALIZE CONTRACT WITH CITY FOR USE OF FEC PROPERTY. ---------------------------------------------------------- ----------------------------------------------------- Commissioner Plummer: On 32, I move for approval less the fifteen thousand dollar ($15,000) deposit. Is there a second? Vice Mayor Regalado: Yeah, second. Commissioner Plummer: Thank you. Commissioner Gort: Discussion. Commissioner Plummer: The City Attorney has no more rights to ask for any more favors. ::Vice Mayor Regalado: OK, do you want? Commissioner. Commissioner Gort: Discussion. What are -we doing with these monies, where is it being deposited? What are we doing with these monies? Mr. Aaron Weeks (Chief of Staff): These are CDBG (Community Development Block Grant) funds and they'll have to go back into the CBDG allocation. Commissioner Gort: No, no, no. Excuse me. That's what I'm talking... There's a difference between the private sector and the public sector and nonprofit corporations. Now if we're going to apply this all throughout the line, my understanding is, we should set aside an account where this money should be placed in an escrow account. And in case there is a default on the rent, that money then will be tapped and the interest earned, then we can do whatever we want with it. Commissioner Plummer: Well, you got a problem there. Commissioner Gort: Tell me. Commissioner Plummer: And that problem is funds that are not being used, I am not saying Tacolcy now, so don't get upset. Funds that are not being used that have to revert back to the City that are not used in the year allocated and they're in a private fund, we can't pull them out by our own action and reallocate them. Whereas if you leave them in the fund where they are presently they can draw down on them, which is fine. If in fact they are going to produce what they're supposed to do. And if in fact they don't do it, at the end of the year we're going to take those funds away and they have not performed as they shall and we'll reallocate the funds. But if they're under our control, we can do that. If it's deposited in their account, or in an account which they have control, then we got to do like a lot of times around here, go to court. Commissioner Gort: I have a question. Can the CDBG funds be utilized to do this? 206 March 20, 1997 Is Mr. Elbert Waters (Director, Community Development): Commissioner, the CDBG funds can be used to utilized to implement the project. They draw down... Commissioner Plummer: Yes. Mr. Waters: ... against the project. The money stays in the City coffers, it does not go into an account by the organization. Commissioner Plummer: And that's the only control we have over that those funds are being spent properly is that we've got his proverbial on the line, that if he approves a draw down that we feel that is out of place, we go after him. Mr. Waters: Correct. Yes. Commissioner Plummer: Because he is our watchdog and his staff to make sure that those monies before allocated on a draw down are legitimately within the proper perspective. So there is no special fund, it's a draw down. Commissioner Gort: I'll be frank with you, I'll be... I'm against a nonprofit that's providing services in the community... to take the money. Any money you take away from them, you're taking away from providing services. I'll be against it. Commissioner Plummer: Excuse me. In this particular case it's for improvements. It's a roof, it's things of that nature. Commissioner Gort: I understand. Commissioner Plummer: And the other one we voted on was if it comes in reverse on a five thousand dollar ($5,000) a month, which is to be considered as the City's contribution to their lease. So, I mean, that's where it is as I see it. I mean, you got any... I'll listen. Mr. Vice Mayor, if I may? I just want to go on the record. Mr. City Manager, Dade County has until first day of April to sign an agreement with this City in reference to FEC (Florida East Coast) Park. If they do not sign a lease by the first day of April, I would assume in item 30 - Was it 30 or 31? - that that property will be having a "For Sale" sign on the front of it. Now, is there any question in anybody's mind that there is a deadline, April 1? Mr. Weeks: Mr. Manager, I am sorry, Mr. Commissioner, as directed, the Manager is negotiating with the County and has communicated that there is a deadline of April 1. In the event that negotiations are not consummated and the deal is not struck by April 1, then we will come back to the Commission and inform the Commission of such and it will be up to the Commission to determine what action to take at that point. Commissioner Plummer: Well, I think this Commission has already made a determination... Mr. Weeks: Yes. Commissioner Plummer: ... that if they have not done something by April 1, they've lost all of their rights on April 2. So you don't really need to come back to this Commission that on April the 2nd they've lost their rights. Mr. Weeks: Well... Commissioner Plummer: Now, this City Commission has to submit by the 15th of April a five year plan. As part of that plan, a great deal of that money that is going to be needed is going to 207 March 20, 1997 L F be coming from that parcel and other real estate that this City is going to sell. Now, this thing has been going on infinitum forever. They made the mistake by not signing the Interlocal Agreement prior to this area (sic) and they could have got out a lot cheaper than they did. They didn't sign it, that's their mistake. I'm saying to you, that I'm looking that on April the 1st, if they have not made a deal, brought back to this Commission for approval, that as far as I'm concerned a "For Sale" sign goes out on the front of that property. Because I'm not going to stand in front... Commissioner Gort: What does that have to do with Tacolcy? Commissioner Plummer: It doesn't. Vice Mayor Regalado: Excuse me. Commissioner Plummer: It's the deadline that I'm addressing. Commissioner Gort: OK. Commissioner PIummer: It's the deadline that I'm addressing. Vice Mayor Regalado: J.L., are you through, because we didn't call the roll on 32? Commissioner Plummer: All right, sir. Vice Mayor Regalado:. Al right? Commissioner Plummer-.- I just... -,I mean, that's:a lime certain and that -was the reason I brought it up. Vice Mayor Regalado: Yeah. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-180 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE TWO HUNDRED THIRTY-NINE THOUSAND DOLLARS ($239,000) IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE TWENTY- SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE PURPOSE OF PROVIDING FUNDS TO ASSIST BELAFONTE TACOLCY CENTER (CENTER) WITH PHYSICAL IMPROVEMENTS TO THE CENTER, A CITY OWNED PUBLIC FACILITY, LOCATED IN THE CITY OF MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CENTER FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 208 March 20, 1997 F Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: Commissioner Wifredo Gort ABSENT: Mayor Joe Carollo ---------------------------------------------------- ----------------------------------------------------------- 37. (A) PERSONAL APPEARANCES: PETER A. ENGLAND, DEVELOPMENT DIRECTOR FOR CAMILLUS HOUSE -- APPROVE RESOLUTION REQUIRED BY STATE STATUTE STATING CAMILLUS HOUSE'S PROPOSED SOMERVILLE AFFORDABLE HOUSING PROJECT (337-381 N.W. 4 STREET) IS CONSISTENT WITH LOCAL PLANS / REGULATIONS. (B) DIRECT CITY ATTORNEY BY COMMISSIONER PLUMMER TO RESEARCH PROVISION PASSED BY COMMISSION STATING THAT NO OTHER HOMELESS FACILITY COULD BE BUILT IN CITY LIMITS UNTIL TWO OTHERS OUTSIDE CITY LIMITS WERE COMPLETED. Vice Mayor Regalado; Well, we have item 15 and we still have people here. If... Commissioner Plummer: On which item? Vice Mayor Regalado: Sorry. Well, you know we have Commissioner Gort's request for Mr. England and he is here on the... and they really need this decision by the Commission. It's, I'm sure, going to be brief. Mr. Peter England: Thank you. Thank you, Commissioners. My name is Peter England, I am here representing Camillus House at 726 Northeast 1st Avenue. I am here this evening to ask, not for money, not for zoning but only for a resolution that states that a proposed project of Camillus House is in fact consistent with the City of Miami local plans and regulations. The reason we need this resolution of support... We're attempting to build 47 units of permanent affordable housing for formerly homeless families with children on a site immediately adjacent to our new clinic which is at... between 4th and 5th Streets and I-95. The reason we need a resolution of support, we are not building this particular building with any government monies and in an attempt to assist our fund raising efforts, the State of Florida has a community contribution tax credit program. It does require a resolution from the local governing agency in order for us to qualify this project. If we can qualify the project, that makes any corporation that gives... makes a contribution to that project eligible for a 50 percent state tax credit. That is the entire purpose for our being here this evening for that resolution. Commissioner Hernandez: I move the resolution. Vice Mayor Regalado: There is a motion by Commissioner Hernandez. 209 March 20, 1997 L Commissioner Gort: Second. My understanding is, in your conversation you had with me that you have control on the people renting in the area. That people who are working, they have been going through the process into the program, that you're working very closely with the Homeless Coalition. Mr. England: We are in tact part of the Homeless Coalition. This is... this would be the next step after the Homeless Assistance Center. Commissioner Gort: And this would help decentralize the existing Camillus House that you have right now? Mr. England: Indeed, Commissioner Gort, and this is a very important step in the entire community partnership for the homeless effort. After the 60-day period of time that individuals would spend in the Homeless Assistance Center, at that point they're in dire need of permanent housing. That is what this project is designed to do. People that are living there will be paying rent, they will be working people and the location immediately adjacent to the downtown business community, as well as immediately adjacent to our new clinic and to the YWCA (Young Womens Catholic Association) is terribly important in terms of medical facilities, social service facilities and childcare facilities. Commissioner Gort: My understanding also is, you comply with all City ordinance, zoning code and you have the ability to raise the money to build this anyway. Mr. England: That is correct, sir. Commissioner Plummer: I have a problem as I explained to Mr. England. One,more think in :our City that's tax exempt._ We made an agreement with the Homeless Coalition that no other homeless facility would be built in the City limits of the City of Miami until the other two outside of the City were built. Now, if you're part of the Homeless Coalition, we might want to pursue that in a legal fashion. But my concern is, we cannot continue to proffer tax exempt properties. My question is, are you in a position sir, to offer the City an annual contribution for municipal type services? Mr. England: No, sir I am not. I am not in a position to do that. Commissioner Plummer: OK. You're going to buy your own fire truck, you're going to buy your own rescue trucks? Because you're going to ask us to provide them and we cannot continue... I mean, this City has got to realize that we can't be all things to all people. We've got to bite the bullet and understand that all facilities, such as tax exempt cannot exist in the City of Miami. They're not asking to build in Coral Gables. And they have patients from Coral Gables and we're just one more tax exempt, one more tax exempt. And for that reason, sir, I have to vote against the facility. I just think that, you know, you've got to be understanding of the City's position. We are hurting financially, and you're asking us to hurt a little bit more. Mr. England: Commissioner Plummer, with respect. We do already own the property. It is currently off the tax rolls. Commissioner Plummer: Sir, I hear you, OK. But I also hear you that you're going to want municipal type services, and you're going to want them free of charge. In effect, you're not going to pay for them, and that's wrong. Something for nothing is wrong. And all I'm saying to you is, I am going to go back and ask the City Attorney to research that provision, when this Commission voted that no other homeless facility could be built in this City until the other two were completed. And I think that is still the pending policy of this City. 210 March 20, 1997 F Mr. England: Commissioner Plummer, with respect, this is for formerly homeless, this is permanent housing for people that are employed and paying rent. This is not for homeless. Commissioner Plummer: And who will be the recipient of the rent? Mr. England: Camillus House. Commissioner Plummer: So, it's a profit making? Mr. England: No, it's not for profit. It is not for profit. It's our intent to charge only enough to operate the facility. Commissioner Plummer: OK, sir, I have made my point. I am trying to defend my City. I think this City is entitled to its money. If you're asking us to provide municipal services, I think you ought to be prepared to make a contribution, and you're saying that you're not. And I think that it's wrong that the rest of the taxpayers of this community, should have to pick up the tab for providing you services which you should be paying for. My point, Amen. And that's... We got to remember one third of our tax property is tax exempt and it's devastating. It is costing us one hundred million dollars ($100,000,000) a year. Call the roll. Mr. Mariano Cruz: May I say something? Vice Mayor Regalado: There is... Mariano. Mr. Cruz: Yes. Vice: Mayor Regalado:-Two-minutes, please. Go:ahead, go,ahead. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, and I was in the same chambers. I was very instrument in stopping the moving of Camillus House to Allapattah when that was decided by the administration behind our back without having any input from the community, because we were not Coconut Grove. Coconut Grove people got input in the Naval Rserve problem there. And what I say was, what Mr. Plummer said about that we will be servicing that. And you know, there is a lot of facilities. And what do we get from the food and beverage tax? I don't know who administrate that money but must be a lot of money. But, still I see a lot of homeless people in Allapattah there by the Metrorail station and they can't hold... and they got all those things. And, true it's nonprofit but look at the salaries too. It's a big profit in those salaries. And that medicaid and medicare and everything... and they don't want those people in there neighborhood. See, they come new to Miami and work in Miami. Just the other day I was at a meeting at the Marriott by... regarding the new INS (Immigration and Naturalization Services) facility. The people from Doral and Commissioner Miriam Alonso, they didn't want that facility there by forty-one street, they want it in Miami. And you know what they wanted, and they mentioned specifically, the Omni. The empty Jordan Marsh store. Another facility that won't be paying any more taxes to the City but we have to service because they will have people having heart attacks, people with all kinds of problems. I am again because I like to see the books of the Homeless Coalition to see where the monies are spending. To see how much go inside, how much Sergio Gonzalez or the other people are making because I don't see results in my community. Like I said many times before, homeless have become a member of Fortune 500. Homeless, Incorporated. Vice Mayor Regalado: There is a motion and a second. Mr. Walter J. Foeman (City Clerk): Yes. 211 March 20, 1997 Commissioner Plummer: Not me. Vice Mayor Regalado: No, a motion by Commissioner Gort and second by Commissioner... Commisisoner Hernandez: I made the motion and Willie... Commissioner Plummer: I wonder how many of these are over on Key Biscayne? How many of them are in Miami Shores or E1 Portal or Fisher Island or other areas. You know, it's amazing. Absolutely amazing. And then they wonder why the City is in trouble. Not amazing to me, I know why. Vice Mayor Regalado: We need to call the roll. Mr. Walter J. Foeman (City Clerk): Sure. Vice Mayor Regalado: Go ahead. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-181 A RESOLUTION CERTIFYING THAT PROJECT SOMERVILLE, A 47-UNIT AFFORDABLE HOUSING PROJECT FOR FAMILIES WITH CHILDREN TO BE OWNED AND DEVELOPED BY CAMILLUS HOUSE, INC. AT 337-381 NORTHWEST 4TH .STREET, MIAMI, FLORIDA, IS CONSISTENT WITH LOCAL PLANS AND REGULATIONS. (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 Humberto Hernandez Vice Mayor Tomas Regalado NAYS: Commissioner J.L. Plummer, Jr. ABSENT: Mayor Joe Carollo Mr. England: Thank you, Commissioners. L 212 March 20, 1997 ---------------------------------------------------------------------------------------------------------------- 38. EMERGENCY ORDINANCE: AMEND / RESTATE ORDINANCE 6432 PROVIDING FOR CREATION OF MIAMI FIREFIGHTER'S RELIEF AND PENSION FUND AS PROVIDED BY CHAPTER 175 FLORIDA STATUTES TO INCORPORATE ALL AMENDMENTS EFFECTED SINCE ORIGINAL PASSAGE OF ORDINANCE 6432 -- FURTHER AMENDING SAID ORDINANCE TO ENSURE CONFORMANCE WITH APPLICABLE LAWS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: There is another item where people... Commissioner Gort: Bayside. Fire. Vice Mayor Regalado: Bayside... Commissioner Gort: Fifteen. Vice Mayor Regalado: ... and item 15. Also Tom is here. Commissioner Plummer: Which Bayside. What does Bayside want? Vice Mayor Regalado: Oh yeah, which? Unidentified Speaker:. Which one are you going to take up first? Vice Mayor Regalado: Fifteen, item 15. Commissioner Plummer: Move it. Commissioner Hernandez: Second. Commissioner Plummer: I'm assuming... Excuse me. This comes to us with a recommendation of the administration or it wouldn't be here? Ms. Sue Weller (Labor Relations Officer): Yes, sir, that's correct. Commissioner Plummer: Thank you. For the record. Vice Mayor Regalado: There is a motion by Commissioner Plummer, seconded by Commissioner Hernandez. All in favor, say "aye." Mr. A. Quinn Jones, III, Esq. (City Attorney): Let me read the ordinance. Commissioner Plummer: It's an ordinance. Vice Mayor Regalado: I'm sorry... Unidentified Speaker: Thank you, Commissioner. Vice Mayor Regalado: ... you need to call the roll. I am sorry. And read the ordinance. Vice Mayor Regalado: Call the roll. 213 March 20, 1997 Is Commissioner Plummer: I guess it's an emergency. Unidentified Speaker: Thank you, Commissioners. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 6432, ADOPTED SEPTEMBER 2, 1959, PROVIDING FOR THE CREATION OF A MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND, AS PROVIDED BY CHAPTER 175, FLORIDA STATUTES, THEREBY INCORPORATING ALL AMENDMENTS EFFECTED SINCE THE ORIGINAL PASSAGE OF ORDINANCE NO. 6432, AND FURTHER AMENDING SAID ORDINANCE TO ENSURE CONFORMANCE WITH ALL APPLICABLE LAWS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Commissioner Hernandez, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: I . None. ABSENT: Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11462. 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. 214 March 20, 1997 L F -------------------- -------------------------------------- ------------------------------------------------------ 39. DEFER CONSIDERATION OF REQUEST FROM STARS OF CALLE OCHO REPRESENTATIVES SEEKING APPROVAL OF PROPOSED NAMES TO RECEIVE STARS. Vice Mayor Regalado: OK, stars of Calle Ocho. They were here just a few moments ago and I'm sure that that will be very quick and then we'll go on. Commissioner Plummer: Is there any other members of the public here for items besides Carlos? Huh? Commissioner Gort: Charlie, Commissioner Plummer: Charlie is not a member of the public. Unidentified Speaker: That's my older twin. Vice Mayor Regalado: Huh? Commissioner Plummer: You are not a member of the public. All right, then let's go with you. Vice Mayor Regalado: OK, I think... - Commissioner Plummer: Again.... Vice Mayor Regalado: ... that we need to defer the Calle Ocho until next week. Commissioner Plummer: That's fine, so moved. Commissioner Hernandez: Second. Vice Mayor Regalado: There is a motion and there is a second. A motion by Commissioner Plummer second by Commissioner Hernandez. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-182 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 13 (PERSONAL APPEARANCE BY REPRESENTATIVE(S) FROM STARS OF CALLE OCHO TO REQUEST COMMISSION APPROVAL OF CELEBRITY THAT WILL BE RECEIVING A STAR IN CALLE OCHO CELEBRITY WALK OF FAME) TO THE COMMISSION MEETING OF MARCH 27,1 997. 215 March 20, 1997 F Upon being seconded by Commissioner Hernandez,the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 40. DISCUSS / CONTINUE FOR FURTHER DISCUSSION WITH CITY MANAGER CONSIDERATION OF REQUEST FROM REPRESENTATIVES) FROM BAYSIDE SEAFOOD RESTAURANT TO DISCUSS 1) FEES PAID UNDER EXISTING MONTH -TO -MONTH REVOCABLE PERMIT 2) RESTAURANT'S PROPOSAL TO AMORTIZE $250,000 IN CAPITAL IMPROVEMENTS UNDER EXISTING REVOCABLE PERMIT. ------------------------------------------------------------- -------------------------------------------------- Vice Mayor Regalado: OK. {"Mr_ Eduardo Lacasa: Good evening. My 'name Eduardo Lacasa with offices at 701 Brickell Avenue and I am here on item... number 11, Bayside Seafood. I am happy to announce that we have had ample time today to discuss with staff their recommendation and we've worked out some of the numbers and I think that we have a positive recommendation to reach an agreement with staff in regards to point number one. So, I'll allow Mr. Luft to elaborate. Mr. Jack Luft (Director, CPR/Community Planning and Revitalization Dept.): OK. Actually, this was a request by Bayside Seafood to reconsider the terms of their 30-day month to month agreement and specifically the terms on the rent. We agreed that a practical look on the return that we can get on the business that on doing there has to be taken into consideration and that probably an adjustment is in order. What we're recommending here is a base rent of three thousand five hundred dollars ($3,500) a month would be retroactively payable from March 1st of this month. So, we would pick up this month. That any gross income in excess of thirty-three thousand dollars ($33,000) a month which works out to be about four hundred thousand a year, anything in excess of that thirty-three thousand a month they would pay us eight percent of that amount over that. They would pay, in effect ten percent on the first thirty-five thousand and eight percent on anything over that. For that type of restaurant, an informal restaurant, this is comparable. It's virtually the same deal we have with Scotty's, you know, next door. Ten percent of gross. We... Commissioner Plummer: How long a period? Mr. Luft: Thirty days. It's a 30-day month to month. OK, we would proceed on that payment schedule. Now we've had some issues in the past that were not resolved with regard to utilities and trash pickup and bathrooms, et cetera, what we're agreeing to do here is that they will pay their share, their appropriate rate for their trash pickup. Not for the entire boatyard but just for the... whatever trash is generated by the restaurant, they will have to pay to have that picked up. 216 March 20, 1997 Mr. Lacasa: If I may address that? Mr. Luft: OK, and that the water meters would be... The waters would be remetered so that just their water would be calculated. They've been paying for the water for the marina and that's not fair. And so, only the water that they would use they would... Basically, they're paying the utility cost. Mr. Lacasa: Let me just address the garbage pickup. We had kind of a quit pro quo wherein Bayside would maintain the restrooms which are used by the marina facilities and they also rent jet skis out there and the public has a boat ramp which they have access to, and every one gets to use the restrooms which are maintained at an average cost of fifty dollars ($50) a day. And that cost is borne by Bayside Seafood and has been for some time now. What we are asking to do is, we'll continue the maintenance at our own expense of those washrooms in exchange for, including the garbage fees and water with the thirty-five hundred dollars ($3,500) a month that Bayside is going to he paying. Commissioner Plummer: Fifty dollars ($50) a day? Mr.. Lacasa: They're a little over 800 square feet of restroom there. Commissioner Plummer: To clean a bath room is fifty? Mr. Luft: Yes. Yes. Mr. Lacasa: They're very large, a little over 800 square feet. Now, this rent... let me just give you some comparison. They're paying about 11; -ten percent. Now they've been paying... the :ragreement was about 18 percent, the ten point three plus twenty-five hundred comes out to 18 percent based on four hundred thousand dollars ($400,000) a year gross. The Rusty Pelican is paying five percent because they reached their cap of one hundred and fifty thousand dollars ($150,000) a month. But their sliding scale goes two and a half percent on one hundred thousand dollars ($100,000) a month and three percent between one hundred and one hundred and fifty thousand dollars ($150,000) a month. Much better location right on the water and much greater square footage. This restaurant has 2000 square foot indoors of which 800 is allocated to those restrooms I mentioned. Four thousand square feet is outdoor decking and it's not as valuable because it's subject to the elements. In fact they lose a lot of business days as a result of the elements. Ninety-six days to be exact in 1995 and 31 days to be exact in 1996 were loses as a result of elements. Aside from the fact that they are exposed to mosquitoes. There is no routine spraying after the Marine Stadium was closed down, they get sporadic spraying. They also don't have clear view to the water. They are obstructed by a parking lot and that's what you see as opposed to Southfolk which is formerly Horacio's which has worked out a deal where they're only paying two percent on the first fifty thousand dollars ($50,000). And that again is a sliding scale but in no event, not even close to what Bayside has been paying and will continue to be paying. That's why it is justified to include the garbage in this. Vice Mayor Regalado: Excuse me. Can I ask? Jack, why are they paying more than Rusty Pelican and... Mr. Luft: Two reasons. Vice Mayor Regalado: ... Horacio's or whatever? Mr. Luft: Two reasons. First reason, white tablecloth crystal restaurants traditionally have a much higher overhead and pay less on a percentage of gross than a paper plate and plastic cup restaurant. So, in the marketplace you will always see restaurants like the Rusty Pelican paying 217 March 20, 1997 Lis five to seven percent and restaurants like Scotty's paying eight to 12 percent. That's typical market rates. That's why I mentioned Scotty's, they're paying ten percent. Now, of course, they would like to compare... Commissioner Gort: Let me ask you a question. Mr. Luft: The second reason. Commissioner Gort: If they would change to china, they can pay less? Vice Mayor Regalado: Well, I was going to say exactly that. I mean, if they use real plates would you charge them less? Mr. Luft: If they... If they go... If in the middle of a boatyard, in the middle of an arena, in the middle of a parking lot they was to try to go to china and crystal... Unidentified Speaker: Jack, Jack, you're... Vice Mayor Regalado: Well, come on. Mr. Luft: My point is this. Commissioner Plummer: You points are... Your points are... You know, your thoughts are great, your points are lousy. Mr. Luft: No, sir. Commissioner Plummer: Yes, sir. Tell the people what you really mean; that a place like Rusty Pelican has more of per person ticket than a place like the Bayside Restaurant. Mr. Luft: And they have a higher overhead. Commissioner Plummer: But... the overhead be damned. Mr. Luft: And they have less of a profit margin. Commissioner Plummer: That's their problem. The problem is, they're big ticket item. They probably do 33, 34 to 35 dollars ($35) per person and Bayside probably does one dollar, two eighty. I mean... Mr. Luft: Commissioner, it's on percentage or profit. And the profit margin is higher on paper plates than it is on the high overhead. That's the way it works. Commissioner Plummer: No. Well the... also point I am trying to make... Mr. Luft: No, but let me also say the other point is. Commissioner Plummer: Well, let me make my point. Mr. Luft: He's comparing it to an old lease that was not a good lease. It was too low a rate and we... Commissioner Plummer: Part of the staff takes precedent over a Commissioner. 218 March 20, 1997 L F Mr. Luft: I am sorry. Vice Mayor Regalado: Go ahead. I am sorry, Commissioner. Commissioner Plummer: The other point that I was trying to make is the fact that Rusty Pelican serves alcohol in booze, not just beer like they serve over there. Alcohol brings in about 30 to 34 percent return profit. And that's also a big ticket item and I think that's really where the point is. Not crystal plates or paper plates. I mean, you know, the real difference is in those items there and the difference of the amount of money. Vice Mayor Regalado: You know one would think Jack that when you have so many obstacles and that we really want these people to leave the place. Do we? Mr. Luft: No sir. Let me continue please, if I may? I am sorry for interrupting, Commissioner. Vice Mayor Regalado: But how can we help them? Mr. Luft: We're trying to do that. We're trying to do that. Vice Mayor Regalado: They say, no. Mr. Luft: Their rent up to now, the agreement that they signed a year ago was for twenty-five hundred a month plus on top of that ten percent of gross. Not over a certain amount. It works out to eighteen point three percent is what they have been charged on a month to month for the last year, or longer, OK. We have agreed with them that 18 percent is exceptionally high, well :.beyond any kind of norm in the market and probably is not a fair rate. So we're trying to come back with what we can compare- to fair rates. And when we look at typical, open air, simple restaurants, whether it's at Scotty's or at other comparable restaurants in other cities, you look at generally eight to 12 percent. That simple. However you want to calculate it, Commissioner, for that type of restaurant, that's a fair rate. So we said 18 is not reasonable. We're looking, in this case, we're saying eight percent over the outside amount. Commissioner Plummer: What's the garbage pick up cost? Mr. Luft: Now, the garbage pickup cost we were... Frankly, we're picking up their garbage and the Sanitation Department is getting nothing for that and that was a concern from Mr. Williams standpoint. Vice Mayor Regalado: You're picking up the garbage also from the boatyard, aren't you? Mr. Ron Williams (Director/Solid Waste Dept.): That's correct, Mr. Vice Mayor. In response to Commissioner Plummer's question we don't really know what it is because they're putting their garbage in with the marina and they have not cost. They don't even have a bin. So you know, certainly our concern is that they provide... Commissioner Plummer: Well, who is picking up the garbage of the restaurant? Mr. Williams: That's what I'm saying, the City. Commissioner Plummer: OK. Mr. Williams: The restaurant does not even have a service. Commissioner Plummer: All right. So, then if they're going to pick up... You're going to pick up the garbage and they're going to clean the bathrooms, isn't it awash? 219 March 20, 1997 _J F Mr. Williams: I don't think so. I don't know what's involved. Commissioner Plummer: Well, they're telling me... They're shaking their head that fifty dollars ($50) a day to clean bathrooms is not out of line. That's thirty-five hundred dollars ($3,500) a month. Mr. Williams: Well, I don't know... Vice Mayor Regalado: So you mean the City is going to have to pay for the bathroom, if they pay for the garbage pickup? Well, I'd like to introduce a motion that... like J.L., said. If they clean the bathrooms, we'll pick up the garbage, and that's it. And you do the rates. Mr. Luft: Now, Commissioner I have been asked by the Chief -of -Staff. We have worked off and on during the day to try to talk this one out. There has been the problem with communication in the past, we're trying to overcome that. So, we're being constructive and creative here. However, because this has all occurred without the Manager's direct knowledge and effectively consent from staff standpoint on this deal, I think there is a preference to hold this for one week and bring it back next week so the Manager can review what we're discussing and then he can decide whether to support it. Commissioner Plummer: The Manager is not aware of the thirty-five hundred dollars ($3,500) and the eight percent? Mr. Luft: No, sir. We've been talking this out today. He has not been here today and we've been trying to resolve this issue so that we could come before you with something that would not ;�be controversial but I need to say that the- Manager would -prefer to.look at this before and bring it back next week. Commissioner Plummer: Well, then I am going to remind the Manager in the future that any item for discussion or any other item is to he presented to him before it comes to us, and that's the policy of this Commission. Mr. Luft: Well, it was presented to him but we did not have the time to sufficiently talk this through. It was there item. Commissioner Plummer: OK, it should not have even been on an agenda unless the Manager has had the opportunity to review it. (VOTE FOR THE RECORD: At this point, Mayor Carollo entered the City CommEsion meeting at 8:46 p.m. Mr. Aaron Weeks (Chief-of-Staft): Commissioner. The way this was presented on the agenda, the restaurant was coming forward with a proposal of theirs and we had a recommendation against what their proposal was. However, staff has met with them and has tried to work out something... Commissioner Plummer: OK. Mr. Weeks: ... that is agreeable. 220 March 20, 1997 Commissioner Plummer: Move to defer... Mr. Weeks: OK. Commissioner Plummer: ... to continue the item until next Thursday. Mr. Lacasa: May I? Commissioner Plummer: Yeah, I... Mr. Lacasa: May I address that? We made this proposal in writing and in fact the proposal what we made was more advantageous to us than the proposal that we... the agreement we achieved from staff. So what we're talking about, the agreement is something much better for the City of Miami than what we had proposed and what presumably the City Manager had reviewed since it was sent to him some time ago. Mr. Luft: We reviewed it but we didn't agree with it. Mr. Lacasa: Right. But I... Commissioner Plummer: Yeah, but let's don't... Let's... Mr. Weeks: And that proposal that you made is what is a part of the record on the agenda... Commissioner Plummer: I'm ready to go home. Mr. Weeks: -.:. which we did not find acceptable. Commissioner Plummer: All right, you've heard... You're not going to settle it now. I'm sorry, I just... you're not going to settle it when he comes up here and makes a statement that the Manager has not had the opportunity to review. I don't think it's a bad deal myself, I think it's a good deal. But I still can't vote for it without the Manager having the opportunity to review it. And if he has not done it, he might know something that I don't. Not that he's any smarter but... Vice Mayor Regalado: There is a motion to defer then. Mr. Lacasa: Not to be too argumentative. Do we know for a fact he has not? Mr. Luft: Yes. Commissioner Plummer: Well, I just asked the question. Mr. Weeks: This is something which you have just discussed with staff today. Mr. Lacasa: Well this is... Mr. Weeks: So, no. Obviously, he has not. Mr. Lacasa: Do you know? I will be perfectly happy to revert to the proposal that we had originally sent. If that has been reviewed by the City Manager I'd be more than happy to revert to that. I... You know... I just want to... Mr. Weeks: That proposal has been reviewed. The Manager did review that and we did not feel it was in the best interest of the City to agree to that proposal. 221 March 20, 1997 L Mr. Lacasa: Fine. So, there you have a review by the City Manager. That aspect of this hearing has been satisfied. There's no need to defer. Mayor Carollo: Ralf, what did you have before... The amendment that you want to make, what did you have before? Your minimum payment and your gross was how much? Commissioner Hernandez: Twenty-five hundred... Mr. LaRoche: The... For the record, Claude LaRoche, Bayside Seafood. 3501 Rickenbacker Causeway. The original proposal was twenty-five hundred or ten point three percent of gross, whichever was the greater. Mayor Carollo: Or ten point. Ten point what? Mr. LaRoche: Ten point three percent of gross, whichever was the greater. That was the original. Commissioner Plummer: But that is not the proposal that's before us. Mr. LaRoche: No, that's correct sir. But that's what was submitted. Commissioner Plummer: I hear you. Mr. Lacasa: Commissioner. Yeah, right. That is not the agreement that we have achieved. _However, that is what was reviewed by the City Manager. Mayor Carollo: We meet again when, on the 27th? Commissioner Plummer: Yes. Mayor Carollo: Just next week. Commissioner Plummer: Next Thursday. Mayor Carollo: Commissioner wants the Manager to see it. I will make sure the Manager sees it and brings a recommendation. Commissioner Gort: You have a second part to it. Mayor Carollo: And we'll bring it back on the 27th. I don't care what we have, put it on the 27th on the agenda. Mr. Weeks: Yes, sir. Commissioner Plummer: Mr. Mayor, I'm told by the City clerk that we've got to approve item 23, to go along with the code codification. I so move. Mayor Carollo: Hold on. Commissioner Plummer: Oh. Commissioner Gort: We need a second portion. 222 March 20, 1997 Mayor Carollo: We got to finish on this. Now, there is a second part? Mr. Lacasa: Well, part two was with regards to... You see, they need to capitalize some improvements. However, with a revokable permit which only gives them 30 days on 30 days notices they can be ousted from the premises. They can't get a lender to approve any type of funding. What we're asking is, number one, to pay rent in advance in the amount of forty thousand dollars ($40,000) a year, two hundred thousand total which is about eight percent over the 5-year period we have proposed. That would allow the restaurant to capitalize some improvements in the' amount of about two hundred and fifty thousand dollars ($250,000) to improve the site. With the proviso that in the event that there is an RFP (Request for Proposals) and a successful bidder is someone other than Bayside Seafood or includes Bayside Seafood in their long term plans that we would prorate or have a depreciated sum affixed to that two hundred and fifty thousand dollars ($250,000) capitalization for improvements and they would be reimbursed for that undepreciated amount. That's the second aspect of this application. Mayor Carollo: Can I ask you to do the following, Eddie? Can you explain this at most in a two pager which you should be able to clearly do so that the Manager can quickly read it? Mr. LaRoche: We have sir. On... Mayor Carollo: OK, have you sent that to him already? Mr. LaRoche: Sent to all the Commissioners and the Manager, sir. Mr. Lacasa: Yeah, that has been done. And... `..Mayor Carollo-,Yeah, but you not, I think in... Mr. LaRoche: And we sent a copy to your office, sir. That has been done and... Mayor Carollo: In a two pager? Mr. Lacasa: Well's it's a... Mr. LaRoche: It's a paragraph and it's... Mr. Lacasa: It's about five pages. Mayor Carollo: Try to make it simpler for him, that's why I said that. Mr. Lacasa: But, you know... Mr. Marquez is a pro. He can, you know. My point is, I mean, I would love to really resolve this today. I've been here for a long time and I think that your Manager has had an opportunity to review it, and in fact, did so according to the Assistant Manager. You know, this is a long time in coming. We, a year ago, almost to the day, we're here. And, I read the one page transcript in which the Commission decided that we should work with staff. There is volumes of correspondence unanswered from this side to your side with regards to all the aspects we're discussing here. It's unfavorable, unconscionable and we're just asking for fairness. The comparatives, the comparable leases are much less. In fact, Firehouse Four, a prime site just got four percent for about five years I believe. Four or five years. Unidentified Speaker: Three. Mr. Lacasa: Three years, I am sorry. I have been corrected. 223 March 20, 1997 L F Commissioner Plummer: Where did you see that? Mr. Lacasa: I was here this morning. Commissioner Plummer: Because what I read this morning was six percent as a starting and went up to seven point five. Mr. Lacasa: It comes out to a three point nine percent for the first three years because they're... Commissioner Plummer: Paid in advance, yes. Two hundred and thirty-eight thousand dollars ($238,000). And the minimum is way above what you're talking about there and the potential above gross is even better. Mr. Lacasa: Right, it's a sliding scale but in no event will it go more than seven percent. Commissioner Plummer: Seven and a half. Seven point five. Mr. Lacasa: Seven point five. But when you compare it to this particular site, a place which only has a revokable permit. They have no certainty, OK. They're not exactly on the water, they have an obstructed view. They're obstructed by cars. They have about 150 feet of parking lot in front of them. They're exposed to the elements. I have already detailed how many days they've lost and Mr. Mayor, I think you walked in after I said... They lost 96 days in 1995 as a result of the elements because 90 percent of where they see customers is outside. Mayor Carollo: Yeah, if it's too cold, if it rains. = Mr. Lacasa: Precisely. They don't have china or silverware. They are faced with competition ' from Southfolk which is more in line with what they do. Rusty Pelican is more upscale so it wasn't necessarily competing. However, Southfolk is coming at two percent rent. Mayor Carollo: Southfolk, when is it coming? Mr. Lacas: That's Horacio's. That was what was formerly known as Horacio's. Mayor Carollo: OK, I didn't know it was coming there. Commissioner Gort: They open today. Commissioner Hernandez: It's already there. Mayor Carollo: It's already there already? Mr. Lacasa: They... Commissioner Hernandez: It's there already. Mayor Carollo: OK, well, that's good news for us, not for you. But... Mr. Weeks: Mr. Mayor. Mr. Lacasa: But all these factors require that this Commission consider reducing this agreement in their favor. Let me point out some other disadvantages, there's so many. The... There's no... Mayor Carollo: Eddie, I understand and I'm not trying to cut you off but we're going to send this to the Manager, bring it back.on the 27th, so we're not going to vote on it tonight. One of 224 March 20, 1997 F -1 j the things that we need to make sure of is, and the City Clerk will advise us by then how to change this so that it could be done in a way that is acceptable if it needs to be approved by them, by the Oversight Board. What I see is basically we have to maybe make some adjustments. Otherwise, he's not going to be able to stay operating and we're going to end up then not having anyone there. So, I understand what the situation is. i Mr. Lacasa: They've... like, they've been there for 14 years, they have 21 employees. I Mayor Carollo: Is it that long now? Mr. Lacasa: Yeah. Mayor Carollo: This is a long time. Mr. Lacasa: And they've developed good will and a loyal following and I think it's important to keep them there. Mayor Carollo: Well, that's true. They do have that. Mr. Weeks: Mr. Mayor, we would want to keep them there and work with them in order to provide for something that is reasonable for both the City and for them and have worked with them in order to do that. However, the terms which they provided for, something that might impact on a future RFP which we're going to be issuing on that property. Mayor Carollo: Well, that's... -;.Mr.- Weeks:. And that wa&really the basis. But, -.we agree with them. Mayor Carollo: That's something that's understandable, then we have to look at that. I know there's five years that they mentioned so we have to look at that. Mr. Luft: Yeah, OK. Fine. Vice Mayor Regalado: Mr. Mayor. Mayor Carollo: Jack... Mr. Luft: We'll be back to you next week in writing over the Manager's signature and we'll see what you do then. [AT THIS POINT, THIS ITEM WAS DEFERRED FOR MANAGER'S REVIEW AND RECOMMENDATION.] 225 March 20, 1997 L .� ---------------------------------------------------------------------------------------------------------------- 41. REQUIRE ALL YOUTH SERVICES SPORTS ORGANIZATIONS USING CITY PARKS TO CONDUCT A MINIMUM OF ONE FUND RAISING SPECIAL EVENT -- PROCEEDS GOING TO CITY IN LIEU OF PAYING PARK USER FEES TO BE PLACED IN TRUST ACCOUNT -- FURTHER REQUIRE EACH ORGANIZATION TO SUBMIT FINANCIAL AUDIT BY 5/1/97. Vice Mayor Regalado; Mr. Mayor, if I may? We need to resolve this situation of the youths serving sports organizations in the parks of Miami. J.L. asked for an audit and I think that it would be appropriate in this resolution that all these academies should do an audit paid by them with a CPA (Certified Public Accountant) and send it to this Commission. But we need to have something to give some kind of stability to the situation that we have in the parks now. So, if we can go ahead and vote on this with the audit that by law these groups are ordered to do with a firm that they will have to pay, not the City and bring the results to the City for the Commission. I don't know if... Commissioner Plummer: That's the past year. Vice Mayor Regalado: Past... absolutely, absolutely. -Commissioner Plummer: Yeah, and you've got to put a stipulation in there of 30 days. Vice Mayor Regalado: I am sorry. Commissioner Plummer: Thirty' days that they bring the audit in 30 days, but we're going to approve this until the end of September. Vice Mayor Regalado: Right. Commissioner Plummer: Assuming that they bring us an audit and it shows that we're being dealt with fairly, then it would go on to the end of September, which is our fiscal year. Mr. Albert Ruder (Director, Parks & Recreation Dept.): So it's days from today? Commissioner Plummer: Thirty days. Well, give them until the first of May, OK. Vice Mayor Regalado: Yeah, I think we should. Commissioner Plummer: That they must produce an audit showing all sources of revenue for any of these leagues and they have until the first of May to produce such a document. Mr. Ruder: For the last year. You said for... Commissioner Plummer: For the last... That's correct. Mr. Ruder: And it's not... It's all the youth serving organizations? Commissioner Plummer: That's all that... 226 March 20, 1997 L Mr. Ruder: OK. Commissioner Plummer: ... is providing service on City playgrounds. Mr. Ruder: OK. Vice Mayor Regalado: Well, I think that they would understand that that's a fair thing to ask and I'm sure that they will he able to provide. So, if I can? Commissioner Gort: Move it. Vice Mayor Regalado: Can we have a vote, Mr. Mayor? Mayor Carollo: Yes, we can. Is there a motion? Commissioner Plummer: He made it. I'll second it. Vice Mayor Regalado: Yeah, I made a motion. Mayor Carollo: OK. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Mayor Regalado, who moved its adoption: RESOLUTION NO. 97-183 A RESOLUTION' REQUIRING THAT ALL YOUTH SERVING ORGANIZATIONS OPERATING PROGRAMS IN CITY OF MIAMI PARKS CONDUCT A MINIMUM OF ONE (1) FUND RAISING SPECIAL EVENT, EITHER INDIVIDUALLY OR IN CONJUNCTION WITH OTHER ORGANIZATIONS BY SEPTEMBER 30, 1997, WITH ALL PROCEEDS GOING TO THE CITY OF MIAMI IN LIEU OF PAYING PARK USER FEES AS THE CITY CONTINUES TO REVIEW THIS MATTER DURING THIS PERIOD; PROCEEDS FROM SAID FUND RAISER SHALL BE PLACED IN A TRUST ACCOUNT TO SUPPORT THE MAINTENANCE AND OPERATION OF CITY PARKS; FURTHER GIVING ORGANIZATIONS THE OPTION OF PAYING A FLAT CONCESSION FEE OF $5.00 PER DAY, PER FIELD, OR FACILITY WHERE THE SPECIAL EVENT(S) ARE PRESENTED, CONDITIONED UPON SAID ORGANIZATION CLEANING UP THE CONCESSION AREA(S) AS DEFINED BY THE PARKS AND RECREATION DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY'S OFFICE TO PREPARE THE LEGAL DOCUMENTS REQUIRED FOR THIS PURPOSE, CONTINGENT UPON EACH ORGANIZATION SUBMITTING A FINANCIAL AUDIT TO THE CITY MANAGER NOT LATER THAN MAY 1, 1997, AND OBTAINING INSURANCE IN AN AMOUNT STIPULATED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 227 March 20, 1997 _j Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 42. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES J INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM" -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $3,033,834, FROM U.S. DEPARTMENT OF JUSTICE -- FURTHER AUTHORIZE CASH MATCH FOR $337,093 FROM POLICE ACCOUNT 001000.290201.6.050. -Mayor Carollo:: These are grants that we will be getting money. It's an emergency ordinance, four -fifths votes required._ It's an ordinance establishing a special revenue fund entitled "Local Law Enforcement Block Grant Program" and appropriating funds for the operation of same in the amount of three million thirty-three thousand eight hundred and thirty-four dollars ($3,033,834) consisting of a grant from the U.S. Department of Justice authorizing the City Manager to accept said grant. Commissioner Gort: Move it. Commissioner Plummer: Move it. Second. Mayor Carollo: Motion, second. Can you read the ordinance? 228 March 20, 1997 L An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $3,033,834.00, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; FURTHER AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN THE AMOUNTS OF $337,093.00, FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE 0011000.290301.6.050; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort 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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11463. 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. 229 March 20, 1997 L ---------------------------------------------------- ----------------------------------------------------------- 43. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED: "WEED AND SEED," -- APPROPRIATE FUNDS FOR SAME FOR $152,140 (GRANT FROM MIAMI COALITION FOR A SAFE AND DRUG -FREE COMMUNITY). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Number 16. Commissioner Hernandez: Move it. Mayor Carollo: It's an emergency ordinance, tour -fifth vote required. Moved by Commissioner Hernandez, seconded by Commissioner Gort. An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "WEED AND SEED." AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $152,140.00, CONSISTING OF GRANTS FROM THE MIAMI COALITION FOR A SAFE AND DRUG -FREE COMMUNITY, IN THE AMOUNT OF $52,140.00, AND THE DRUG ENFORCEMENT ADMINISTRATION ("DEA"), IN THE AMOUNT OF $100,000.00; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTS AND TO EXECUTE THE -NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Hernandez 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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. In 230 March 20, 1997 Whereupon the Commission on motion of Commissioner Hernandez and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11464. 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. ---------------------------------------------------------------------------------------------------------------- 44. EMERGENCY ORDINANCE: AMEND ORDINANCE 11366 -- WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED GEOGRAPHICAL TARGETING PROGRAM," -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $20,000. Mayor Carollo: Item 17 is another grant we're getting. Commissioner Hernandez: Move it. Mayor Carollo: Moved by Commissioner Hernandez, second by Vice Mayor Regalado. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11366 ADOPTED MAY 23, 1966, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED GEOGRAPHICAL TARGETING PROGRAM." THEREBY APPROPRIATING ADDITIONAL FUNDS TO SAID ACCOUNT, IN THE AMOUNT OF $20,000, CONSISTING OF A GRANT FROM THE MONROE COUNTY SHERIFF'S OFFICE, AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 231 March 20, 1997 L 7 was introduced by Commissioner Hernandez and seconded by Vice Mayor Regalado, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Hernandez and seconded by Vice Mayor Regalado, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: -t:- Commissioner J.L. Plummer, Jr. "SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11465. 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. ---------------------------------------------------------------------------------------------------------------- 45. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCESANITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "COPS UNIVERSAL HIRING," -- AUTHORIZE MANAGER TO ACCEPT GRANT FOR $17,323,317, FROM U.S. DEPARTMENT OF JUSTICE. Mayor Carollo: Eighteen is an emergency ordinance of grants and this is for a total of seventeen million three hundred and twenty-three thousand three hundred and seventeen dollars ($17,323,317). Commissioner Gort: Is this part of the plan? Move it. Mayor Carollo: It's part of the COPS universal hiring from the U.S. Department of Justice. It's a lot of money. Moved by Commissioner Gort, second by Commissioner Hernandez. Call the roll. 232 March 20, 1997 L An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "COPS UNIVERSAL HIRING," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $17,323.317, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM SAID GRANTOR AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Hernandez, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. —Whereupon the Commission on motion of -Commissioner Gort and: -seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11466. 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. 233 March 20, 1997 In - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 46. EMERGENCY ORDINANCE: AMEND ORDINANCE 11365 ESTABLISHING INITIAL RESOURCES / INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "HIDTA ASSET FORFEITURE RESEARCH," -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $20,000 FROM MONROE COUNTY SHERIFF'S OFFICE. Mayor Carollo: Nineteen is another grant. No local match need. Moved by Commissioner Gort, second by Commissioner Hernandez. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11365, ADOPTED MAY 23, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "HIDTA ASSET FORFEITURE RESEARCH", THEREBY APPROPRIATING ADDITIONAL FUNDS TO SAID ACCOUNT, IN THE AMOUNT OF $20,000 CONSISTING OF A GRANT FROM THE MONROE COUNTY SHERIFF'S OFFICE: AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was -introduced by Commissioner Gort and seconded by Commissioner Hernandez, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11467. 234 March 20, 1997 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. ---------------------------------------------------------------------------------------------------------------- 47. EMERGENCY ORDINANCE: AMEND ORDINANCE 11370 ESTABLISHING INITIAL RESOURCES / INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "HAITIAN NARCOTICS ENFORCEMENT," -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $40,000 FROM MONROE COUNTY SHERIFF'S OFFICE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Now we've got to do 20. Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Gort, second by Commissioner Regalado. Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11370, ADOPTED JUNE 13, 1996, WHICH ESTABLISHED INITIAL RESOURCES ,AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "HAITIAN NARCOTICS ENFORCEMENT", THEREBY APPROPRIATING ADDITIONAL FUNDS TO SAID ACCOUNT, IN THE AMOUNT OF $40,000, CONSISTING OF A GRANT FROM THE MONROE COUNTY SHERIFF'S OFFICE: AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Vice Mayor Regalado, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. L 235 March 20, 1997 Whereupon the Commission on motion of Commissioner Gort and seconded by Vice Mayor Regalado, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11468. 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. ---------------------------------------------------------------------------------------------------------------- 48. SECOND READING ORDINANCE: RELATED TO LOBBYISTS; AMEND CODE -- ADD / AMEND DEFINITIONS -- AMEND LOBBYISTS' REGISTRATION REQUIREMENTS -- ESTABLISH FEES & DISCLOSURE REQUIREMENTS -- PROVIDE EXEMPTIONS FROM FEES -- REQUIRE CITY CLERK TO MAINTAIN LOG OF REGISTERED LOBBYISTS -- "ANNUAL STATEMENT" /: RENAME SAME AS "ANNUAL _AMEND EXPENDITURES ` REPORT" -- SET' FORTH PROCEDURES & REQUIREMENTS FOR COMPLIANCE -- PROVIDE FOR PENALTIES FOR VIOLATIONS -- PROHIBIT CONTINGENCY FEES. Mayor Carollo: Twenty-one, second reading. The lobbyist ordinance. Moved by Commissioner Gort, second by Commissioner Plummer. Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE RELATED TO LOBBYISTS; AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY: ADDING AND AMENDING DEFINITIONS; AMENDING LOBBYISTS' REGISTRATION REQUIREMENTS; ESTABLISHING FEES AND DISCLOSURE REQUIREMENTS; PROVIDING EXEMPTIONS FROM FEES; REQUIRING THE CITY CLERK TO MAINTAIN A LOG OF REGISTERED LOBBYISTS; AMENDING THE "ANNUAL STATEMENT" AND RENAMING SAME AS "ANNUAL EXPENDITURES REPORT"; SETTING FORTH PROCEDURES AND REQUIREMENTS FOR COMPLIANCE; PROVIDING FOR PENALTIES FOR VIOLATIONS; AND PROHIBITING CONTINGENT FEES; MORE PARTICULARLY, BY AMENDING SECTIONS 2-313, 2-314, 2-316 AND 2-318 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ADDING NEW SECTION 2-319 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 236 March 20, 1997 Is F passed on its first reading, by title, at the meeting of February 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11469. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 49. SECOND READING ORDINANCE: AMEND SECTION 54-86 OF CODE TO REQUIRE THAT OWNERS OR PROPERTIES THAT FACE / ABUT OR -OPEN UPON MIAMI RIVER ..SHALL AFFIX BUILDING NUMBERS (ADDRESS) THAT ARE VISIBLE FROM RIVER. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Twenty-two, second reading ordinance. Commissioner Hernandez: Move.' Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Hernandez, second by Commissioner Plummer. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 54-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REQUIRE THAT OWNERS OF PROPERTIES THAT FACE, ABUT OR OPEN UPON THE MIAMI RIVER SHALL AFFIX BUILDING NUMBERS THAT ARE VISIBLE FROM THE MIAMI RIVER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 237 March 20, 1997 passed on its first reading, by title, at the meeting of February 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Hernandez, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11470. 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 vote no just for the hell of it. Put a street sign on the Miami River. That's real important. Mayor Carollo: Yes, it is important. ---------------------------------------------------------------------------------------------------------------- 50. ADOPT REVISION / CODIFICATION OF ORDINANCES OF CITY ENTITLED: "THE CODE OF THE CITY OF MIAMI, FLORIDA"; -- PROVIDING FOR REPEAL OF CERTAIN ORDINANCES. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Number 23, second reading ordinance. Moved by Commissioner Plummer second by Commissioner Hernandez. An Ordinance entitled - AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF MIAMI, FLORIDA, ENTITLED: "THE CODE OF THE CITY OF MIAMI, FLORIDA"; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET FORTH; PROVIDING A PENALTY CLAUSE WHERE NO OTHER PENALTY IS PRESCRIBED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 238 March 20, 1997 L N passed on its first reading, by title, at the meeting of February 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11471. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 51. SECOND READING ORDINANCE: AMEND SECTION 62-61 OF CODE ENTITLED: "SCHEDULE OF FEES" -- INCREASE VARIOUS FEES SET FORTH IN SAID PLANNING AND ZONING MATTER RELATED FEE SCHEDULE. Mayor Carollo: Twenty-four. Second reading ordinance. Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Gort. Second by Commissioner Hernandez. OK, before you call the roll, let Mariano Cruz say a word. Mr. Mariano Cruz: Since they say a fee, I want to find out exactly... I don't have the backup material either, Commissioners, and I don't get because it cost too much money to mail it to me. And I want to know if these fees got anything maybe to do with the increase of garbage fee or something like that. Because that fee was passed at a... one of those ordinance by Mr. Gort at the time, last year. I don't know. Mayor Carollo: No, no, no. Not, at all. This is second reading Mariano. Mr. Cruz: OK. It has nothing to do with increasing the garbage fee, right? Mayor Carollo: This has to do with the cost of processing different applications that haven't been increased in ten years. Mr. Cruz: Well, you know, they hide things in there and we don't know. Commissioner Gort: Planning and Zoning. No, it's not that. Mr. Cruz: OK, adios. 239 March 20, 1997 Mayor Carollo: Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 62-61 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SCHEDULE OF FEES," INCREASING VARIOUS FEES SET FORTH IN SAID PLANNING AND ZONING MATTER RELATED FEE SCHEDULE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Hernandez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. -,..:--THE ORDINANCE WAS -DESIGNATED ORDINANCE NO. 11472. 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. ---------------------------------------------------------------------------------------------------------------- 52 FIRST READING ORDINANCE: PROPOSAL TO ESTABLISH INITIAL RESOURCES & INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "S.T.O.P. PROGRAM;" -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT FOR $47,250, FROM U.S. DEPARTMENT OF JUSTICE. ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: Move 25. Mayor Carollo: Yeah, move 25. Commissioner Gort moves it. Commissioner Hernandez: Second. Mayor Carollo: Second by Commissioner Hernandez. Call the roll. 240 March 20, 1997 L An Ordinance entitled - AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "S.T.O.P. PROGRAM," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $47,250, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. 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. 53. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC. -- TO CONDUCT STRESS TRAINING FOR DEPARTMENT OF POLICE; -- ALLOCATE FUNDS NOT TO EXCEED $47,250, FROM STRESS TRAINING FOR OFFICERS AND PARTNERS ("STOP") GRANT. Mayor Carollo: Twenty-six. Commissioner Hernandez: Move it. Mayor Carollo: Moved by Commissioner Hernandez. Second by Vice Mayor Regalado. Mr. A. Quinn Jones, III, Esq. (City Attorney): It's a resolution. Mayor Carollo: It's a resolution. All in favor signify by saying "aye." It's for stress training. The Commission (Collectively): Aye. 241 March 20, 1997 The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-184 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELLING ASSOCIATES, INC. FOR A PERIOD OF TWO (2) YEARS, TO CONDUCT STRESS TRAINING FOR OFFICERS AND PARTNERS FOR THE DEPARTMENT OF POLICE, ALLOCATING FUNDS THEREFORE, IN AN AMOUNT NOT TO EXCEED $47,250.00, FROM THE STRESS TRAINING FOR OFFICERS AND PARTNERS ("S.T.O.P.") GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner , the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. --------------------------------------------------------------------------------------------------------------- 54. FIRST READING ORDINANCE: AMEND SECTION 2.7 OF CODE INCREASING SERVICE CHARGE OF REFUSED CHECKS; -- ADD NEW SECTION 2-8 DEFINING ACCEPTABLE FORMS OF PAYMENT -- FURTHER REQUIRING CERTAIN IDENTIFICATION FROM PERSON ISSUING CHECK / DRAFT OR ORDER. Mayor Carollo: Twenty-seven. Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Gort, second by Vice Mayor Regalado. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 2-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY INCREASING THE SERVICE CHARGE ON REFUSED CHECKS; ADDING A NEW SECTION 2-8 DEFINING ACCEPTABLE FORMS OF PAYMENT AND REQUIRING CERTAIN IDENTIFICATION FROM THE PERSON ISSUING A CHECK, DRAFT OR ORDER; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 242 March 20, 1997 L F was introduced by Commissioner Gort, seconded by Vice Mayor Regalado, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. 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. ---------------------------------------------------------------------------------------------------------------- 55. FIRST READING ORDINANCE: AMEND SECTION 22-37 (F) OF CODE -- IMPOSE $100.00 ADMINISTRATIVE FEE OR TEN PERCENT IN ADDITION TO ACTUAL EXPENSES WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY VIOLATIVE CONDITION ON LOT. - '`Mayor Carollo: Twenty-eight.. Move 28. Commissioner Gort movesit, second Commissioner - Hernandez. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 22-37(f) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPOSE AN ADMINISTRATIVE FEE OF $100.00 OR TEN PERCENT, WHICHEVER IS GREATER, IN ADDITION TO THE ACTUAL EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY A VIOLATIVE CONDITION ON A LOT; PROVIDING FOR A REPEALER PROVISION AND SEVERABILITY CLAUSE. 243 March 20, 1997 F was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. 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. ---------------------------------------------------------------------------------------------------------------- S6. AUTHORIZE CITY MANAGER TO EXTEND CONCESSION AGREEMENT WITH JORGE LUZARRAGA AND JOSE M. GARCIA, JOINT VENTURE (DB/A THE CITY'S CAFE) -- FOR PROVISION OF FOOD AND BEVERAGE SERVICES AT CITY'S RIVERSIDE CENTER. Mayor Carollo: OK, we're in... Commissioner Gort: Twenty-nine. Mayor Carollo: ... twenty-nine. Commissioner Gort: I move it. Mayor Carollo: Moved by Commissioner Gort. Second by Commissioner Hernandez. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: OK, No nays. 244 March 20, 1997 '1 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-185 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXTEND THE CONCESSION AGREEMENT WITH JORGE LUZARRAGA AND JOSE M. GARCIA, JOINT VENTURE (DB/A THE CITY'S CAFE), FOR AN ADDITIONAL TWO YEARS, WITH THE OPTION TO EXTEND, UPON MUTUAL CONSENT OF THE PARTIES, FOR THREE ADDITIONAL ONE YEAR PERIODS, FOR THE PROVISION OF FOOD AND BEVERAGE SERVICES AT THE CITY OF MIAMI RIVERSIDE CENTER, SUBJECT TO ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID CONCESSION AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONCESSION AGREEMENT, IN A SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR THE ASSIGNMENT OF THE CONCESSION AGREEMENT, SUBJECT TO THE PRIOR APPROVAL OF THE CITY COMMISSION, WHICH APPROVAL MAY BE WITHHELD AT ITS SOLE DISCRETION; FURTHER AUTHORIZING THE ASSIGNMENT OF THE CONCESSION AGREEMENT FROM JORGE LUZARRAGA AND JOSE M. GARCIA, JOINT VENTURE, TO THE CITY'S CAFE, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being secoxded by- Commissioner- Hernandez, the resolution .was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 57. MAYOR CAROLLO REQUESTS TO BE SHOWN VOTING IN AGREEMENT ON AGENDA ITEM 30 (SALE OF CITY OWNED PROPERTIES / FACILITIES) -- SEE LABEL 34. Commissioner Gort: We passed 30. Mayor Carollo: We passed 30 already. Commissioner Gort: Thirty-first. Thirty-one and 31-A. Mayor Carollo: Mr. Clerk, can you show me voting positive on 30? Thirty-one have we done? Commissioner Gort: Thirty-one and thirty-two. Thirty-one and thirty-two has been done. 245 March 20, 1997 _j Mayor Carollo: Thirty-one and 32, we did. ---------------------------------------------------------------------------------------------------------------- 58. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENTS, WITH INDIVIDUAL TO PROVIDE STRUCTURAL PLANS EXAMINER J BUILDING INSPECTOR II SERVICES -- FOR BUILDING AND ZONING -- ALLOCATE FUNDS ($30,000 INSPECTION SERVICES DIVISION FY'97 BUDGET J ACCOUNT 560302-001 J PROJECT 421001). ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: Thirty-three now. Mayor Carollo: Thirty-three. A resolution. OK. Is there a motion on 33? Commissioner Hernandez: I move it. Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Hernandez, second by Commissioner Gort. All in favor signify by saying °aye." The Commission (Collectively): Aye. .: ;'Mayor Carollo: No nays. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-186 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE STRUCTURAL PLANS EXAMINERJBUILDING INSPECTOR III SERVICES FOR THE BUILDING AND ZONING DEPARTMENT; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $30,000, FROM SALARY SAVINGS IN THE INSPECTION SERVICES DIVISION FY '97 BUDGET, ACCOUNT NO. 560302-001, PROJECT NO. 421001. 246 March 20, 1997 (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 Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 59. AUTHORIZE SETTLEMENT: ESPERANZA OBANDO ($35,000) FROM SELF-INSURANCE CODE 620103-651. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Thirty-four is a resolution settlement. Mr. A. Quinn Jones, III, Esq. (City Attorney): It's a settlement, intersection of collision. City Police Officer ran intersection, admits that he ran, was disciplined. Injuries sustained by the --,-;---claimant were substantial. Thoracic injuries with medical totalling more than fifteen thousand. -This is a settlement we think that's in the best interest of the City. At... liability is adverse to the City here. Mayor Carollo: Is there a motion? Commissioner Hernandez: I move. Mayor Carollo: Moved by Commissioner Hernandez. Commissioner Gort: Second. Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. 247 March 20, 1997 L The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-187 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ESPERANZA OBANDO, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $35,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF DADE COUNTY, CASE NO. 95-21234 CA 30, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620103-651. (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 Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 60. ACCEPT .BID: ATLANTIS CONSTRUCTION CO., -- FOR FURNISHING / INSTALLING BACKSTOP AND CHAIN LINK FENCE AT KINLOCH PARK BALLFIELD -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS ($12,975 FROM CIP PROJECT 332174, CODE 589301-860). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: It's thirty... Commissioner Hernandez: Six. Mayor Carollo: Thirty-five has been withdrawn. Thirty-six resolution. Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Gort. Second by Commissioner by Hernandez. Mr. Mariano Cruz: Yeah, Mayor, I want to talk, please? Mayor Carollo: OK, you could talk. One minute. Mr. Cruz: Yeah, going to the parks. Mariano Cruz, 1227... I visit Comstock Park almost every week, two or three times. And I go there on Sunday and I see the bleachers without boards on 248 March 20, 1997 L top. I say to Chief Rollason, that's a problem there of liability, somebody can get hurt there, right? Because he mentioned that he knows right away. There is no water cooler, I mean cold water inside there, I mean they are broken. There is another problem, the lights, they have to be fixed too, so I mean we got a park and we see all these money going to all the different things, for the law enforcement... And we the parks... one of the most direct service that we get, we don't get anything. I have to come here and complain. People tell me that, but it shouldn't be. Is that, they don't even have a weed eater to out the grass there in the park. If you se the grass by the new building, and you know it, all like that, not even a weed eater because there is a problem now between Public Works and Parks Department about work load about who does what? Commissioner Gort: Mariano. Mayor Carollo: Thank you, Mariano. Mr. Cruz: I'd like to mention that. Commissioner Gort: Mariano, for your information, I want you to know that we're up on the legislative and they are going to have some matching funds for the bond funds that we have for parks. We'll get some... Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. The:following resolution was introduced by Commissioner Gort, who- moved its adoption: RESOLUTION NO. 97-188 A RESOLUTION ACCEPTING THE BID OF ATLANTIS CONSTRUCTION CO., FOR THE FURNISHING AND INSTALLATION OF A BACKSTOP AND CHAIN LINK FENCE FOR THE DEPARTMENT OF PARKS AND RECREATION AT KINLOCH PARK BALLFIELD, AT A TOTAL PROPOSED AMOUNT OF $12,975.00; ALLOCATING FUNDS THEREFOR FROM KINLOCH PARK IMPROVEMENTS, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 332174, INDEX CODE NO. 589301-860, STATE OF FLORIDA 1996 LEGISLATIVE LINE ITEM GRANT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION. 249 March 20, 1997 L (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 61. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT --FOR SPECIAL MASTER SERVICES FOR POLICE -- ALLOCATE FUNDS ($49,900, ACCT. 001000.290301.6.001.) ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Thirty-seven. Commissioner.Gort: Move it. Mayor Carollo: Moved by Commissioner Gort. Commissioner Hernandez: Second. Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. 250 March 20, 1997 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-189 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH QUALIFIED INDIVIDUALS TO PROVIDE SPECIAL MASTER SERVICES FOR THE DEPARTMENT OF POLICE FOR A PERIOD OF TWO (2) YEARS IN A TOTAL AMOUNT NOT TO EXCEED $49,900.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE 001000.290301.6.001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: ` .:Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 62. AUTHORIZE USE OF METROPOLITAN DADE COUNTY FACILITIES FOR FUELING OF CITY VEHICLES (LETTER OF UNDERSTANDING DATED 7/13/94) -- ALLOCATE FUNDS ($1,262,900, POLICE FLEET SERVICE CENTER, ACCT. 503001.291301.6.715) -- SEE LABEL 64. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Thirty-eight. Commissioner Gort: Move it, the fuel. Mayor Carollo: Moved by Commissioner Gort. Vice Mayor Regalado: Second. Mayor Carollo: Second by Commissioner Regalado. All in favor signify by saying "aye." The Commission (Collectively): Aye. 251 March 20, 1997 L F The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-190 A RESOLUTION AUTHORIZING THE USE OF METROPOLITAN DADE COUNTY FACILITIES FOR THE FUELING OF CITY OF MIAMI VEHICLES, AT THE SAME ESTABLISHED CONTRACTUAL TERMS AND CONDITIONS AGREED TO IN A LETTER OF UNDERSTANDING DATED JULY 13TH, 1994, IN AN AMOUNT NOT TO EXCEED $1,262,900.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT, FLEET SERVICE CENTER, FISCAL YEAR 1996-1997 OPERATING BUDGET, ACCOUNT 503001.291301.6.715; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICE TO ISSUE PURCHASE ORDERS FOR SAID FUELING SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Humberto Hernandez Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 63. DISCUSS PROFESSIONAL SERVICES AGREEMENTS REQUEST FOR POLICE COMMUNICATIONS OPERATOR SERVICES -- FOR $150,000 ANNUALLY -- SEE LABEL 65. Mayor Carollo: Thirty-nine. Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Gort. Commissioner Hernandez: Second. Mayor Carollo: Second by Commissioner Hernandez. [AT THIS POINT, THIS ITEM WAS INTERRUPTED. SEE LABEL 65]. 252 March 20, 1997 I— --------------------------------------------------------------------------------------------------------------- 64. INSTRUCT ADMINISTRATION TO HOLD ACTION ON USING METRO- DADE COUNTY FACILITIES FOR FUELING OF CITY VEHICLES UNTIL AFSCME UNION SUBMITS COST BENEFIT ANALYSIS OF PROPOSAL -- SEE LABEL 62. Commissioner Gort: Excuse me. Wait a minute. Mr. Charlie Cox: That's two now. I'd like to speak on 38 please, Mayor. Mayor Carollo: It passed. but you can certainly speak to it Charlie. Well no, you could speak to it, we could always change something. Go ahead and speak. Mr. Cox: What we're doing is supplementing the private industry which is the County, and they're making tons of money off of us. And either we're going to let every scarecrow come in here and pick up apart or we're going to start waking up and realizing that we can't give this stuff away. Do you realize you're paying the County up to twenty-five cents ($0.25) a gallon for every gas that they pump in every one of these stations? And if the gas cost sixty-four cents ($0.64) how much are we paying for that? For... Mayor Carollo: Base cost, the surcharge is eighteen cents ($0.18) per gallon, tax nine point five. Fuel tax rather. `� == �Mr. -Cox:- - And it's not working out that way. It's not. When- you research and you take the records that are' sent to the Police Department and you break down every one of these cars, they're not coming back to what they're saying they're paying. Mayor Carollo: Well, Charlie I'd be happy to... Mr. Cox: We pay seven dollars ($7). We pay seven dollars ($7) for a person when they didn't even have to man the stations in the Police Department. We haven't... We've let our stations go to where now we're going to pay the County. And if you look at this they're probably making three to four hundred thousand dollars ($400,000) off of us a year just to gas the police cars. Mayor Carollo: Well, I will be happy to instruct the administration to hold off on this until we could bring it back for reconsideration. Commissioner Gort: What you're saying is, you can provide the same services for a lot less. Mr. Cox: Absolutely. Commissioner Gort: OK. Mr. Cox: And we have the stations here, and then what happens is, we've let them run down. If you checked their own sheet what it says, that they're going to charge you ten percent for overhead. Eight percent to improve their stations. And we throw this away every year. What happens to the stations? DERM (Department of Environmental Resources Management) is about to close us down on the main motor pool now, OK. And if we don't approve that, then you are not only going to be gassing all these police cars, then you're going to be gassing every other vehicle in the City and we're going to be letting the County make tons of money off of us. It's going to be the same thing with the airport and everything else. 253 March 20, 1997 Mayor Carollo: Charlie it you're correct, God bless you. Mr. Cox: I am correct. Mayor Carollo: I'm going to be with you on that one. And I am glad that you brought that to our attention. I wish you would have brought it up before. Mr. Cox: Well, I have been here all day waiting to bring it up, sir. Mayor Carollo: Well, I'm sorry. What I meant was not today but even before today so that we could have been prepared... Mr. Cox: I got my agenda last night. I worked until five o'clock on this, OK. Mayor Carollo: Well, you did a good job. Commissioner Gort: I think we here supporting... Mayor Carollo: Chief, do you all have any information on this or any? Police Chief Warshaw: Well, Mr. Mayor, the very brief history of all this of course is when we closed our own motor pool facilities. The City made... negotiated arrangements with the County and basically our officers now gas their vehicles using cards as opposed to going to our own our pumps. In terms of the price, I mean we pay the County, you know, for the service. The fact that they allow us to use their pumps. Now if the gas was available cheaper somewhere else, I mean, I have no objection. I don't care where we buy the gas but basically this was what GSA (General Services Administration) did some time back as we started to phase out... Mayor Carollo: Yeah, well you... Police Chief Warshaw: ... our own motor pool operation. It also saves the time that now there are pumps available all over the City and the County, officers who work in the north and south don't have to take time out of service and converge into downtown in one place to gas up. But, 1 don't know if that in and of itself is worth. offsetting the savings. And if the savings were substantial, I would be all in favor of... Mayor Carollo: Well, we need to look at that and we might need to look at it and maybe finding three or four places that could be our own across the City or maybe seeing if working out an agreement with "X" station might be better. Police Chief Warshaw: I will talk to Judy Carter and look at the whole procurement issue and we'll move forward and investigate it. Commissioner Gort: Why don't you defer that? Mayor Carollo: OK, do we have to? Commissioner Gort: I think we voted on this one. Let's... Mayor Carollo: Yeah, we voted on this, but did we have to assign an additional contract with the County on this or not? Police Chief Warshaw: We owe them a substantial amount of money which of course, has nothing to do with this item but in order for us to continue... Well, it has nothing to do in the 254 March 20, 1997 L sense that, what we owe them, we owe them. But the fact is, we need to be able to continue to gas our vehicles. So, after this... Mayor Carollo: Well, until. Yeah, until we resolve this matter to our satisfaction, you certainly can. Police Chief Warshaw: OK. Commissioner Gort: Do we need a motion to reconsider? Mayor Carollo: No, not yet because they need to do to this. We will bring that motion up once we get the facts from them, and Charlie, feel free to bring us any numbers that you can. Yeah, and then we all... we could bring the motion to reconsider. All right, thank you, Charlie. ---------------------------------------------------------------------------------------------------------------- 65. APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR COMMUNICATIONS OPERATOR SERVICES FOR POLICE -- ALLOCATE FUNDS ($150,000, ACCT. 001000.290201.6.270.) -- HUMAN RESOURCES PROVIDING AN ALTERNATIVE WITHIN 90 DAYS FROM THIS MEETING TO RESOLVE TURNOVER PROBLEM -- SEE LABEL 63. ---------------------------------------------------------------------------------------------------------------- Mr. Cox: I want to speak on the next item. .-Mayer Carolla: Thirty-nine, great. .,Go ahead. Mr. Cox: Go ahead? OK, the Police Department is asking you to go out for a contract for three years to hire outside comm operators. Do you realize you're paying these people twenty dollars ($20) an hour? When our comm operators started in the City at ten dollars and fifty-six cents ($10.56) an hour. I will tell you that three years ago they started this program. We had 16, 18 comm operators. We now have 18 comm operators, 18... Seven years later and this was supposed to ease our people's pain. Now, if they can't find a way between personnel and the Police Department to be able to hire comm operators when they've taken 239 applications, they've disqualified 172. Ten of those people have been hired for Fire. Twenty-nine have been hired in the Police Department. Of those 29, 16 of those 29 have already taken other classifications in the City. Four have resigned and three have been terminated. Now, you're placing not only the police officers in jeopardy, you're placing every citizen in jeopardy by not making them go back. Now, the amazing part is, we can start a program around here now where the City can go out and advertise and open it up and say their hiring rates were negotiable, within range. I've got every communication slip that they have ever advertised and they didn't open it for them. For two speical classes, like... I am sorry. For two special classes like accountant and senior accountant we can go pay top dollar and hire anybody we want to and not restrict it. But for Communications operators, we can't do that. And what's going to happen now is these people are going back, these people are going home and coming back to work and have a six hour break and they're having to back and go to work. The people they were hiring to help these people, and I'm not saying they aren't helping but they also... They get to pick when they want to work, when they don't want to work. You don't see them all volunteer for Christmas Day, Thanksgiving Day to give those 18 people that are working every day bad shifts and they're quitting and they're resigning. And yet, we can go out... Everybody we're hiring in the City also now is coming in at pay range 99, which means the top of the level or above the top of the level. Now, I had to go back to my members, every union out here had to go back to their members and say take it on the chin. And we got it jammed down us. And now, all of a sudden we can go out 255 March 20, 1997 L and spend any kind of dollars we want for special things. But yet, the things, the real needs for the City we're going to go out and I will bet you of those 16 operators that have changed other classifications, they're now working for the twenty dollars ($20) an hour and working now, they get to work from eight o'clock in the morning till five o'clock and go home and then come back and make the twenty dollars ($20) an hour and hand pick when they want to work. This City has to find a way to hire comm operators. When we train them the other cities hire them away from us and the situation has just got totally deplorable with the people and the hours those people have to work. Mayor Carollo: I would suggest, if need be, to hold this off until the next meeting a week from today. Can you hold off for that, Chief? Police Chief Warshaw: Well, Mr. Mayor, if I can just for 60 seconds? We need this very badly and if I can give you a very brief history. This is a nationwide problem. It's not just unique to Miami or Dade County or the other municipalities in Dade County who use communication operators. It's a highly stressful, very complex job and it has the highest of the high fallout rates as it relates to employees. We're doing everything we can. I am going to ask Mrs. Bellamy to talk about the salary issue. But in terms of our ability to hire people, we start a class sometimes of 10 or 12 people. It's a one year training program. By the time they graduate, we've lost two- thirds of them because of either the stress or the reality that many of them just can't quality and can't deal with the job. It's the only job in law enforcement where you are monitored every single minute of the day. You know, sometimes these operators don't even have time to go to the bathroom or take a break. Many of them are working double shifts and, you know, I know Charlie shares my compassion for the people. They're outstanding people and these contracts, until we can find a way to bring in full-time employees, are helping the employees we have now, because they just can't continue to work double and triple shifts. We have people who have -worked 16 hours shifts, gone home, come back and worked another 16 hours. And again, it's not just a problem we're facing but it's a very difficult position to fill. As far as the salary and whether or not the salary is not commensurate with others, I know Mrs. Bellamy has done studies. We have raised, you know, the salaries in past years and she'd be better qualified to address how they're comparable to other cities and counties. But, again it's something we need until we find a better way to do this. And the County is in the same situation we're in. They're out hiring on a contract basis some of their own people, their own retirees and retirees from other cities including Miami. It's basically a greater demand than there is supply. Mr. Cox: I'd like to just answer one question he said. He said we may put ten people through and only two of them pass. Ask him when is the last item they've ever had more than two in training? They haven't in the last three years, not for comm operator. Ms. Angela Bellamy (Director/Human Resources): Yes. Mr. Mayor and members of the Commission. Mr. Cox has talked about several issues dealing with communications operators. First of all, I agree with the Chief that the communications operator position is a very stressful one. It's one where we have a high turnover of staff. We have been able to be able to provide the department with a number of qualified applicants for the position but again it does take over a year to train the staff. Mr. Cox has talked about several other issues that have come up and I'd like to explain what those are because he has said to you that there are job announcements that are different for communication operators than there are for accountants. That's because the City Manager has just passed a procedure or he has rescinded the procedure of promotions from within, meaning that when we have persons who are competing for a position and you have City employees who are in a lower position than persons from the outside, now what we're doing is, persons... when the City employee and the person from the outside are in equal positions, then the City employee gets preference. But if the City employee is in a less qualified position then they will not automatically get the position. In addition, Mr. Cox, because we have the two tier system, pay system and employees who have started after 1988 come in the second tier, then 256 March 20, 1997 --J they are automatically 25 percent less than the market rate which is tier one and that hurts our position to he competitive in the market. Mr. Cox: All right, number one, Mr. Cox didn't say anything about the in -hiring procedure that she's talking about. Mr. Cox said "in -hiring rates negotiable within range." It's only on these two announcements. It has been on any of the other announcements. So they're telling these people, you come on in here and we're going to pay you whatever you negotiate and that's basically only on these registers. I have copies of the registers they issued on that same date, only on these two positions do they say it. Now, you've got a comm operator, that they are sitting here telling you how badly you need them and can't fill every register... They can hear me. I speak loud enough. Commissioner Gort: Don't trip now, watch it. We don't want to get sued. Mr. Cox: I am sorry. They... every comm operator a register and it's not on there. Ms. Bellamy: And our pay policy has always been that persons could be appointed at a step other than the first step based on the qualifications and experience. Mr. Cox: How come they haven't done it? Ms. Bellamy: We have. Mr. Cox: Because we have save money except where it affects the people that I represent. - That's where we saved the money except when they decide not to. .Mr. Cox: 'And they -decide what positions they- want to do- it at; -whether the need is .there or not there. Police Chief Warshaw: Mr: Mayor, I think that Charlie Cox and myself, we're on the same page here. We both want the same thing. Nobody wants more than I do full-time, regular City of Miami employees to be doing this job. And we're trying our very, very best but we're in a very competitive market where we just can't find the people. Until we do that... We do have new register and we're going to keep going as we have been doing for the last several years. But until we do that, it's Charlie's, it's your members that we're trying to supplement with these additional people because they can't take the burden of working the double shift. So, I mean, this isn't being done for me or anyone else, it's being done for your members who are the employees who are feeling the extra burden of having to work these long hours if we can't supplement their time with contract employees. We're not trying to hurt them, Charlie. Mr. Cox: Chief, we've been doing this for four years now... Police Chief Warshaw: I know. Mr. Cox: ... and we have not made one dent. At some point in time, we got to quit putting band - aids around this place. Just like you've said and we've got to fix it. And you know what, if it means that you take it away and you fix it, I am telling you I have no problems with you doing this for a year. But you know what, for three years, four years now they've coming to you and said, "We've got to do this, we've got to do this" and they've made no gains. And those employees are the same one that have suffered. Mayor Carollo: Charlie, what do you recommend that we do tonight? Mr. Cox: We've got a meeting with Angela on Monday with the Police Department and hopefully we can come up with some ideas. You know what? Everybody robs from us and now 257 March 20, 1997 L we're going out and paying big bucks to rob from every other City to hire people here. Maybe, it's time we go out and rob some from Dade County. Whatever it takes to get these people in the door to protect the citizens and to protect the police officers because that's what they're there for. And they are a hell of a lot more important than when they can come up with creative ideas like this because somebody want this one hired or that one hired. Police Chief Warshaw: Mr. Mayor, just one last comment. The Dade County Chiefs of Police has discussed this because again, it's a County -wide problem and in New York City, the nation's largest Police Department the communications operators are sworn police officers because they can't find civilians and they've been using sworn officers for as many years as I can remember back. So it is a problem. And of course with sworn officers, I mean, you've got them at your disposal. You can basically say that's your assignment and you're going to learn. And I don't think that's the solution right now. I think there is a way to find more people, but we just need to work harder at it and be competitive. Mayor Carollo: Charlie would it, I won't say satisfy you because I know that it won't, and I have heard what you said. But, would you recommend to us that we approve this for a year while you meet with the Police Department... Mr. Cox: Yes. Mayor Carollo: ... and move forward on this? Mr. Cox: At least, I can go back to those people and look them in the face and quit doing what I have been doing for the last four years and say help is on the way when it's never been on the way. Mayor Carollo: OK. Mr. Cox: And as long as we keep approving this it's never going to be on the way. Mayor Carollo: Now, can? Mr. Cox: And ask them how many police officers they got working in there now? OK. If we want to compare New York, let's start telling the truth around this damn place. Police Captain Longueira: Mr. Mayor, if I could just address one thing. Charlie's right about the past years why we haven't gained ground. We've tried to. Part of that process was part of sickness that we had. We passed the budget, a week later we froze the positions. We asked for a register to fill the positions, they won't give it to us because their budget was frozen. We go through weeks and weeks of memos to get it unfrozen, you know and it was a vicious cycle. That's part of the problem. We're in a new era, we're going to budget these positions and the monies there and hopefully it won't be frozen but it was part of the sickness of the past. Let's correct it, let's hire the people in a cycle. It takes so long. What happen is, you can keep losing in attrition the people that you're hiring. But if we keep up the steady process of hiring and training, hiring and training, we can catch up eventually. But what you can't do is freeze the positions. That's what caused us not to catch up. Mayor Carollo: Well, you're absolutely correct and I think we're all in agreement in that we are in a new era. Charlie, can you come back to this Commission, in no more than say 90 days after you've met with the Police Department, with Ms. Bellamy and come back with some concrete recommendations that we could act upon them early enough so they could be put in place in time? 258 March 20, 1997 L 7 Mr. Cox: I'm sure they can come back to you. I mean, I'm hoping that we meet, I hope we solve some of this. And... Mayor Carollo: Well, I want you to he a part of the solution here. Mr. Cox: Well, I'll do my best. Mayor Carollo: I appreciate it. In time meantime, we'll pass this. But, Angela in 90 days we want to see something come back to the Commission. Ms. Bellamy: All right. Mayor Carollo: Thank you. Thank you, Charlie. Mr. Cox: Thank you. Mayor Carollo: Is there a motion on 39? Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Hernandez second by Vice Mayor Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. t,The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-191 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH INDIVIDUALS TO PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $150,000.00 ANNUALLY, FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE 001000.290201.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 259 March 20, 1997 X F Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 66. ALLOCATE $50,000 FOR PROFESSIONAL SERVICES & COSTS INCURRED BY BLUE RIBBON COMMITTEE FOR SINGLE MEMBER DISTRICTS -- FURTHER AUTHORIZE HIRING SPECIAL COUNSEL TO ASSIST WITH SAID PROCESS. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Mr. City Attorney, we believe you have a pocket item. Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, as a result of the meeting we had after executive session today regarding the single member districts, I drafted a resolution as a result of j our, discuss ionswhich would really set forth the framework within which the Blue Ribbon panel that will be looking at redistricting would handle. What I propose is the following. A resolution allocating an amount not to exceed fifty thousand dollars ($50,000) to pay for professional services and any reasonable cost incurred by the Blue Ribbon concerning the proposed Charter member for single member districts further authorizing the engagement of special counsel to assist said Blue Ribbon Committee with reasonable fees for said services to be determined at the conclusion of the redistricting process. Mayor Carollo: OK, is there a motion? Commission Gort: Move it. Mayor Carollo: Moved by Commissioner Gort, second by Commissioner Hernandez. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No nays. 260 March 20, 1997 F The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-192 A RESOLUTION ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $50,000, TO PAY FOR PROFESSIONAL SERVICES AND ANY REASONABLE COSTS INCURRED BY THE BLUE RIBBON COMMITTEE CONCERNING A PROPOSED CHARTER AMENDMENT FOR SINGLE MEMBER DISTRICTS; FURTHER AUTHORIZING THE ENGAGEMENT OF SPECIAL COUNSEL TO ASSIST SAID BLUE RIBBON COMMITTEE, WITH REASONABLE COSTS FOR SAID SERVICES TO BE DETERMINED AT THE CONCLUSION 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 Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 67. DIRECT CITY MANAGER TO RETURN TO ROYAL RENT -A -CAR RENTAL CARS OVERDUE FOR PAYMENT OF RENT -- FURTHER INSTRUCT MANAGER TO PAY OUTSTANDING BILLS. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Last item, before we go. Is there anyone from Royal Rent-A-Car here? This is going to be real brief. I see that... Is Mr. Bert Waters still around anywhere? Is he here? Well... Is he here? OK. This is the problem with vehicles. Go ahead, sir. Mr. Ismael Pepera: Good evening Commissioners, staff. Mayor Carollo: Please, Mr. Weeks be very attentive to this because this is a problem we have. Mr. Pepera: My name is Ismael Pepera, president of Royal Rent-A-Car. I have been engaged in business with the City of Miami for the last four or five years with various departments, Community Development, NET (Neighborhood Enhancement Teams) Programs, Police Department, so on and so forth. Six or eight months ago the City were being... paid late, but we can live with it. But we start getting behind, behind and behind. The Police Department catch up somewhat. They're like maybe 30, 60 days behind, which we can live with. But Community Development has outstanding tickets for the past 22 months. Since May of '95, we have not gotten paid. We also... 261 March 20, 1997 F Mayor Carollo: Since when? Mr. Pepera: May of '95 we got... Mayor Carollo: Since May of '95... Mr. Pepera: ... past two bills. Mayor Carollo: ... Community Development has not paid you? Mr. Pepera: Right. Right. Several departments, Department of Housing. Then they organized and became a NET program I believe, something. But they've been using the funds back and forth. A month ago I got a receipt, four purchase orders. Last Friday, Finance Department says the purchase orders are no good. They're invalid because they have some different codes in. Meanwhile, back in October '95, I sent a letter to the Mayor's office requesting some help. Tell them to return my cars, you've been past due 18, 19 months. Pay me, but give me my cars back. They haven't returned my cars. The last car I picked up was Molina Towing had towed it away because it had eight parking tickets. I guess it was parked somewhere illegally, it got eight parking tickets. Molina Towing calls me, I paid the two hundred dollars ($200) parking tickets. Two hundred and something to Molina and I still haven't gotten my cars back and of course I have gotten paid some pass due hills from May of '95. 1 need your help. I've tried to get a hold of the Manager's office. I have tried... I've done everything. I couldn't. I can... I'm here to see if somebody can help me out with this. Mayor Carollo: Well, it seems to me you've been really, really patient. Mr. Bert Walters. 1• ;Mr. Elbert Waters (Director,' NET/Conununity Development): Yes, sir,, -Mr. Mayor. We have •been attempting to work with Royal Rent-A-Car to try to reconcile these differences. There has been problems... -- excuse me -- in trying to have those funds associated with leasing those cars to accommodate the gentleman's needs. We're attempting to do that. What we've found is, is that we're going to have to come back before this City Commission to reprogram dollars in order to be able to pay him the balance of the dollars that we owe relating to the rental cars. So we have to come back to this Commission in order to effectuate that. Vice Mayor Regalado: How much do we pay monthly? Mr. Pepera: Can I get my cars back? Vice Mayor Regalado: I'm sorry, how much you charge? Mr. Pepera: I believe the rate... The rate right now per month is five hundred eighty-eight dollars ($588). Vice Mayor Regalado: Five hundred? Mr. Pepera: Eighty-eight dollars ($88) per month. Mayor Carollo: For what kind of vehicles are they? Mr. Pepera: Midsize, full size like Taurus, Lumina, Grand Prix, that type of car. Vice Mayor Regalado: Brand new or used? Mr. Pepera: New. Every year a new car. 262 March 20, 1997 Mr. Waters: New... Ms. Judy Carter (Chief Procurement Officer): That includes insurance as well as maintenance. Mr. Pepera: Right, that includes insurance, also includes free mileage because they do travel. Commissioner Hernandez: How much do we owe you? Mr. Pepera: Right now the whole City Department is owing like one hundred and eighty thousand dollars ($180,000). Mayor Carollo: One hundred and how much? Mr. Pepera: Eighty thousand. Mayor Carollo: Now... Mr. Pepera: The Community Development owes me like seventy-eight thousand. The problem is the bank is upset with me the past 22 months, with that amount of money you cannot have past due bills for 22 months. You can't run a business that way, you know what I am saying. Mayor Carollo: Well... Mr. Pepera: All I'm asking is, give me, if you want to pay me, you come back to the -Commission is fine. You can give me my cars back in the meantime. Mayor Carollo: Since when again have they not paid you for these cars? Mr. Pepera: I have past due bills since May of '95. Mayor Carollo: May of... Since May of '95... Mr. Pepera: '95. Mayor Carollo: ... they have not paid you for the vehicles? Mr. Pepera: Right. The whole '96 year. Housing... Mayor Carollo: This is outrageous. Mr. Pepera: Judy, also... Mayor Carollo: This is outrageous. You know, I... Mr. City Attorney. Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir. Mayor Carollo: How can we, the Commission, and guide me on this because I don't want to do anything contrary to what the Charter states. How can we the Commission let the Manager know that we want these cars returned immediately. I don't care if Mr. Bert Waters has to walk back and forth to work every day or whoever else. But you know, this is unreal. Mr. Jones: I think you just need to make a statement. "Mr. Manager, the cars need to be returned." 263 March 20, 1997 L Mayor Carollo: Well, I will make the resolution. The motion that this Commission makes it clear as we possible can in giving guidance to the Manager that we want those vehicles returned immediately. And for, you know, someone from his staff to sit down with this gentleman from Royal Rent-A-Car and work out the arrangements for payment. Obviously, to verify to make sure that what has been said that is owed is actually owed. But, this is just mind boggling. Mr. Jones: That's fine. Vice Mayor Regalado: There is a motion by Mayor Carollo. Commissioner Hernandez: I second it. Vice Mayor Regalado: Second by Commissioner Hernandez. All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Mayor Carollo, who moved its adoption: MOTION NO. 97-193 A MOTION DIRECTING THE CITY MANAGER TO RETURN TO ROYAL RENT - A -CAR IMMEDIATELY ALL RENTAL CARS WHICH ARE OVERDUE FOR PAYMENT OF RENT; FURTHER INSTRUCTING THE MANAGER TO PAY OUTSTANDING BILLS IN CONNECTION WITH SAME. -Upon being seconded by .Commissioner Hernandez; -;the: motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Mr. Pepera: Thank you. Mayor Carollo: I apologize sir. Thank you for your patience. ------------------------------------------------- ---------------------------------------------------- ----------- 68. JACK LUFT PRESENT NEW ASSISTANT DIRECTOR OF COMMUNITY PLANNING & REVITALIZATION, DENA BIANCHINO. ---------------------------------------------------------------------------------------------------- Mr. Jack Luft (Director, CPR/Community Planning and Revitalization): Mr. Mayor. Mayor Carollo: Yes, Jack. Mr. Luft: Are we done? 264 March 20, 1997 In F Mayor Carollo: We're going to be. Do you need anything else? Mr. Luft: I just wanted to introduce for you and the Commissioners benefit, in case we can be of assistance, our new director of the Asset Management Division in my department. Her name is Dena Bianchino. She has just joined us this week and she'll be handling our property and lease management. Mayor Carollo: Welcome back again, Dena. Ms. Dena Bianchino: Thanks so much Mayor, Commissioners, Mayor Carollo: Sure. This meeting is adjourned. Thank you. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:45 P.m. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK JOE CAROLLO MAYOR 265 March 20, 1997