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HomeMy WebLinkAboutCC 1996-07-11 MinutesOF MMING HELD ON JULY 11, 1996 REGULAR PAEPARED BY THE OFFICE OF THE CITY CLERK CITY HALL r WALTER J. FOEMAN CITY CLERK INDEX MINUTES OF REGULAR MEETING July 11,1996 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. CONSENT AGENDA. DISCUSSION 2-4 7/11/96 1.1 ACCEPT BID: CARRIER R 96-496 5 CORPORATION -- FOR FURNISHING AIR 7/11/96 CONDITIONING MAINTENANCE SERVICES, FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($40,560). 1.2 ACCEPT BID: OK FEED STORE SOUTH, R 96-497 5 INC. --FOR FURNISHING DOG 7/11/96 FOOD -- FOR CANINE UNIT, POLICE DEPARTMENT. ALLOCATE FUNDS ($14,531). 1.3 AUTHORIZE ALLOCATION OF R 96-498 6 $14,998.68 -- FOR PURCHASE OF 7/11/96 732 STX RADIO BATTERIES FROM MOTOROLA, INC. -- FOR POLICE DEPARTMENT. 1.4 ACCEPT BID: AFTER HOURS CLEANING R 96-499 6 SERVICE INC. -- FOR FURNISHING 7/11/96 CUSTODIAL MAINTENANCE AT THREE CITY SITES -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / i SOLID WASTE -- ALLOCATE FUNDS ($11,556). 1.5 ACCEPT BID: OMB POLICE SUPPLY -- R 96-500 7 FOR FURNISHING BADGES, WALLETS 7/11/96 AND INSIGNIAS -- FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($15,481.10). 1.6 CLAIM SETTLEMENT: FERMIN DOMENAK R 96-501 7 ($40,000). 7/11/96 1.7 AUTHORIZE CHIEF OF POLICE TO R 96-502 DONATE TO CHARITABLE 7/11/96 ORGANIZATIONS UNCLAIMED PROPERTY OR EVIDENCE. 2. PRESENTATION: MIAMI CHILDREN'S DISCUSSION CENTENNIAL PROJECT. 7/11/96 3. APPOINT INDIVIDUALS TO SERVE ON R 96-503 COMMITTEE ON BEAUTIFICATION AND 7/11/96 ENVIRONMENT AS PROFERRED BY CHAIRMAN ON THIS DATE. 4. APPOINT JOSEPH EDWARDS TO SERVE M 96-504 ON HISTORIC AND ENVIRONMENTAL 7/11/96 PERSERVATION BOARD. 5. (A) APPROVE ENGAGEMENT OF MOTOROLA, INC. -- FOR RELOCATION OF CITY'S 6 GHZ MICROWAVE SYSTEM -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/COMMUNICATIONS DIVISION -- ALLOCATE FUNDS ($174,510 CIP PROJECT 311018) (B) DISCUSSION CONCERNING THE NEED TO RESEARCH OTHER PROVIDERS TO REPLACE MOTOROLA, INC. 6. (A) DISCUSSION CONCERNING RATIFYING MANAGER'S SOLE SOURCE FINDING -- FOR ACQUISITION / INSTALLATION / PROGRAMMING OF JOHNSON CONTROLS METASYS PMI SOFTWARE -- ARCNET CARD IN A CITY PROVIDED COMPUTER -- ASSOCIATED TIE-IN TO EXISTING METASYS BUILDING MANAGEMENT SYSTEM AT RIVERSIDE CENTER (444 SOUTHWEST 2ND AVENUE) -- BY JOHNSON CONTROLS INC. -- SEE LABEL 10. (B) DISCUSSION CONCERNING LACK OF SECURITY IN CITY HALL R 96-505 7/11/96 DISCUSSION 7/11/96 9-10 11-12 12-13 13-17 18-19 7. (A) TEMPORARELY DEFER CONSIDERATION OF AGENDA ITEM 6 (RATIFICATION OF MANAGER'S EMERGENCY FINDING -- FOR PURCHASE OF WATER HEATER FROM KEN CLARY & COMPANY -- FOR POLICE DEPARTMENT). (B) DIRECT ADMINISTRATION TO PROVIDE COMMISSIONER DAWKINS WITH A REPORT DETAILING SPECIFICATIONS / DEALER / PURCHASE AND INSTALLATION COSTS OF WATER HEATER FOR POLICE DEPARTMENT -- { SEE LABEL 37). 8. AT THIS POINT, ITEM 7 (PROPOSED FIRST READING ORDINANCE TO AMEND CODE DEC. 54-84 "NAMES OF DRIVES AND ROAD" BY CHANGING SOUTH BAYSHORE DRIVE BETWEEN S.E. 8 STREET AND S.E. 15 ROAD TO BRICKELL BAYSHORE DRIVE) WAS WITHDRAWN BY CITY MANAGER. 9. (A) AUTHORIZE RESTRICTION OF VEHICULAR ACCESS IN MODEL CITY NEIGHBORHOOD -- FOR 120 DAY TRIAL BASIS, SUBJECT TO CONDITIONS. (B) DIRECT ADMINISTRATION TO PRESENT A REPORT AT THE NEXT CITY COMMISSION MEETING CONCERNING TOTAL COST OF POLICE OVERTIME -- EQUATING SUCH COST TO THE TOTAL NUMBER OF POLICE OFFICERS THAT COULD HAVE BEEN HIRED. (C) DIRECT ADMINISTRATION TO PROVIDE MORE VISIBLE POLICE PROTECTION IN AREAS OF OVERTOWN, SPECIFICALLY THOSE WHERE DRUG TRAFFICKING IS MORE OBVIOUS. (D) DIRECT ADMINISTRATION TO PRESENT AT THE NEXT CITY COMMISSION MEETING THE POLICE CHIEF'S PLAN FOR DEPLOYMENT AND THE RESULTS OF SUCH PLAN FOR THE PAST TWO YEARS. DISCUSSION 7/11/96 DISCUSSION 7/11/96 R 96-506 7/11/96 19-21 21-22 22-31 10. (CONTINUED) -- RATIFY MANAGER'S R 96-507 32-33 SOLE SOURCE FINDING -- WAIVE 7/11/96 COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION / INSTALLATION / PROGRAMMING OF JOHNSON CONTROLS METASYS PMI SOFTWARE -- ARCNET CARD IN A CITY PROVIDED COMPUTER -- ASSOCIATED TIE - IN TO EXISTING METASYS BUILDING MANAGEMENT SYSTEM AT RIVERSIDE CENTER (444 SOUTHWEST 2ND AVENUE) -- BY JOHNSON CONTROLS INC. -- ALLOCATE FUNDS ($7,000) (See label 6) I1. (A) PERSONAL APPEARANCE: ART M 96-508 34-47 SMITH -- CONCERNING PROPOSED R 96-509 OPENING OF MARLER AVENUE BETWEEN 7/11/96 PLAZA STREET AND DOUGLAS ROAD. (B) RECONSIDER 96-437, OPENING OF MARLER AVENUE. (C) GRANT OWNERS OF MARLER AVENUE BETWEEN PLAZA STREET AND DOUGLAS ROAD PERMISSION TO PURCHASE 12 1/2FT. OF THE PUBLIC RIGHT-OF-WAY WITH CONDITIONS. 12. APPOINT REVIEW COMMITTEE -- R 96-510 48-53 SELECT CERTIFIED PUBLIC 7/11/96 ACCOUNTING FIRM TO EVALUATE PROPOSALS -- FOR UNIFIED DEVELOPMENT OF COMMERCIAL AND RECREATIONAL WATER DEPENDENT FACILITIES, AND ANCILLARY USES ON DINNER KEY BOAT YARD (2640 SOUTH BAYSHORE DRIVE) 13. AMEND RESOLUTION 96-283 -- R 96-511 53-54 INCLUDE RICKENBACKER MARINA (3301 7/11/96 RICKENBACKER CAUSEWAY) UNDER UNIFIED DEVELOPMENT PROJECT FOR DEVELOPMENT AND OPERATION OF VIRGINIA KEY BOAT YARD (3601 RICKENBACKER CAUSEWAY). 14. DEFER AUTHORIZATION OF FUNDING M 96-512 54-55 INCREASE FOR HOME MULTIFAMILY 7/11/96 REHABILITATION LOAN PROGRAM. 15. SECOND READING ORDINANCE: AMEND ORDINANCE 56-57 CODE -- CREATE / ESTABLISH THE 11379 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY BOARD -- PROVIDE FOR COMPOSITION OF MEMBERSHIP / TERMS OF OFFICE / QUALIFICATIONS / DISQUALIFICATIONS / VACANCIES / SUPPORT PERSONNEL / FINANCIAL DISCLOSURE / POWERS AND DUTIES / GRIEVANCE PROCEDURES. 16. (A) VICE MAYOR GORT RECOGNIZES DISCUSSION 57-58 PIERRE ANTOINE BERNIARD, CONSUL 7/11/96 GENERAL OF FRANCE. (B) PRESENTATIONS: COMMANDER MICHEL STRAUB, OF THE "FS VENTOSE," DISTINGUISHED VISITOR; LT. COMMANDER XAVIER LARREUR OF THE "FS FRANCIS GARNIER," DISTINGUISHED VISITOR. 17. DEFER CONSIDERATION OF FIRST M 96-513 58-59 READING ORDINANCE: AMEND SECTION 7/11/96 1 OF ORDINANCE 11337 (CAPITAL IMPROVEMEMTS APPROPRIATIONS) -- ALLOCATE FUNDS ($1,925,000) FOR FIRE -RESCUE VEHICLE ACQUISITION. 18. DEFER CONSIDERATION OF FIRST M 96-514 60-61 READING ORDINANCE: AMEND CAPITAL 7/11/96 IMPROVEMENTS ORDINANCE 11337. 19. AUTHORIZE ACQUISITIONS OF R 96-515 61-63 MICROCOMPUTERS RELATED PERIPHERAL 7/11/96 / SOFTWARE / SERVICES -- UNDER STATE OF FLORIDA CONTRACT 250- 040-96-1 AND METROPOLITAN DADE COUNTY CONTRACT 1059-2/98-OTR-CW AND 1941-2/96-OTR-CW, FOR NET / NEIGHBORHOOD JOBS PROGRAM -- ALLOCATE FUNDS ($52,000) FROM CDBG FUNDS AND JTPA TITLE III. 20. APPROVE ALLOCATION OF $180,000 R 96-516 64-68 FROM 1995 HOPWA GRANT -- FOR 7/11/96 HOUSING RELATED SERVICES -- FOR PERSONS WITH HIV / AIDS OR RELATED DISEASES UNDER HIV/AIDS PLANNING AND MANAGEMENT ORGANIZATION -- (SEE LABEL 23). 21. DEFER CONSIDERATION OF AFFORDABLE M 96-517 68-69 HOUSING IN COCONUT GROVE / MODEL 7/11/96 CITY / EDISON / LITTLE RIVER NEIGHBORHOODS. 22. RECONSIDER -- SCHEDULE COMMISSION M 96-518 70-71 MEETING OF JULY 25, 1996, TO R 96-518.1 START AT 9:00 A.M. INSTEAD OF AT 7/11/96 2:00 P.M. 23. (CONTINUED) -- AT THIS POINT THE DISCUSSION 72 CITY ATTORNEY INFORMS THE 7/11/96 COMMISSION THAT REVERTER CLAUSE APPROVED UNDER 96-516 (FUNDING ALLOCATION FOR HOUSING RELATED SERVICES FOR PERSONS WITH HIV/AIDS OR RELATED DISEASES) MUST MEET FEDERAL REGULATIONS. 24. DISCUSSION CONCERNING THE CITY'S DISCUSSION 73 FY 96-97 BUDGET DRAFT PROPOSAL -- 7/11/96 COMMISSIONERS REQUEST TO RECEIVE THE BUDGET PROPOSAL PRIOR TO AUGUST 1, 1996. 25. (A) AMEND 96-354 WHICH AWARDED R 96-519 74-78 BID FOR SUMMER BUS TRANSPORTATION 7/11/96 SERVICE TO MANOLO SCHOOL BUS SERVICE -- RATIFY MANAGER'S EMERGENCY ACTIONS RESCINDING SUCH AWARD --INCREASE AWARD OF CONTRACT TO J. BALSERA SCHOOL BUS SERVICE -- FOR PARKS AND RECREATION DEPARTMENT. (B) DIRECT ADMINISTRATION TO INCLUDE IN ALL FUTURE BIDDING PROCESSES A PROVISION FOR A PERFORMANCE BOND IN THE AMOUNT OF THE BID AWARD. 26. ACCEPT GRANT FOR $400,000 -- FROM R 96-520 78-79 FLORIDA DEPARTMENT OF STATE, 7/11/96 DIVISION OF HISTORICAL RESOURCES -- FOR RESTORATION OF VIRRICK GYM. 27. ACCEPT GRANT FOR $500,000 -- FROM R 96-521 80 FLORIDA DEPARTMENT OF STATE, 7/11/96 DIVISION OF CULTURAL AFFAIRS -- FOR REHABILITATION OF THE TOWER THEATER. 28. AMEND SECTION OF RESOLUTIONS 77- R 96-522 482, 89-217 AND 93-285 -- LIMIT 7/11/96 TO ONE (1) YEAR OR UNTIL NOMINATING COMMISSIONER LEAVES OFFICE, THE TERMS OF COMMITTEE MEMBERS. (Committee on Beautification and Environment, Commission on the Status of Women, Tax -Exempt Property Steering Committee) 29. (A) DISCUSS CLAIM SETTLEMENT: DISCUSSION ANAIS AURORA BADIA ($250,000) -- 7/11/96 COMMISSIONER CAROLLO REQUESTS THE ADMINISTRATION TO ADDRESS ISSUES INVOLVING LIABILITY TO CITY RESULTING FROM EMPLOYEE WORK PERFORMANCE ACTIONS. (B) DISCUSSION CONCERNING PUBLIC OUTBURSTS -- DIRECT MANAGER TO MEET WITH COMMISSIONERS INDIVIDUALLY TO DISCUSS MEASURES TO CONTROL HA HARASSMENT BY THE PUBLIC DURING COMMISSION MEETINGS. 30. (A)DEFER CONSIDERATION TO APPROVE R 96-523 OFF STREET PARKING ANNUAL 7/11/96 BUDGET -- SCHEDULE TO BE HEARD SIMULTANEOUSLY WITH OTHER DEPARTMENTAL AND AGENCY REQUESTS AT REGULAR BUDGET REVIEW TIME. (B) COMMISSION INSTRUCTS MANAGER TO PREPARE A RESOLUTION EXPRESSING CONDOLENCES TO CLARK COOK, DIRECTOR OF OFF-STREET PARKING, ON THE DEATH OF HIS MOTHER, MRS. MINNIE MAE COOK. 31. AUTHORIZE PROFESSIONAL SERVICES M 96-524 AGREEMENTS TO PROVIDE 7/11/96 COMMUNICATIONS OPERATOR SERVICES FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($150,000). 32. ACCEPT BID: BEST'S MAINTENANCE & R 96-525 JANITORIAL SERVICE, INC. -- FOR 7/11/96 JANITORIAL SERVICES -- FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($129,328). MMMY, 92-93 94-95 33. ACCEPT BID: CLUB CAR, INC. -- FOR LEASING OF SEVENTY (70) GOLF CARS AND FOUR (4) UTILITY VEHICLES -- FOR DEPARTMENT OF PUBLIC WORKS -- TWO (2) GOLF CARS FOR DEPARTMENT OF ASSET MANAGEMENT -- ALLOCATE FUNDS ($50,176.56) 34. GRANT REQUEST BY HUGHES COVE OWNERS ASSOCIATION, INC. ("THE ASSOCIATION") TO INSTALL AN IDENTIFICATION SIGN FOR HUGHES COVE SUBDIVISION: NORTHERLY SIDE OF DEVON ROAD EAST OF MAIN HIGHWAY. 35. AUTHORIZE MANAGER TO ISSUE REQUEST FOR PROPOSALS ("RFP") TO INDIVIDUALS / CORPORATIONS / LEGAL ASSOCIATIONS INTERESTED IN LEASING / MANAGING / OPERATING A RESTAURANT, FOR FIFTEEN YEARS, AT 1000 SOUTH MIAMI AVENUE (FORMERLY KNOWN AS FIREHOUSE FOUR). ? 36. (A)DISCUSSION CONCERNING COCONUT GROVE STREET NAME CHANGES -- SCHEDULE PUBLIC HEARING FOR 9/12/96, AT 2:00 P.M. (B) BRIEFLY DISCUSS POLICE COMPLAINTS ABOUT LACK OF VISIBILITY OF HOUSE NUMBERS IN COCONUT GROVE. -- DIRECT ADMINISTRATION TO INSTRUCT PROPERTY OWNERS IN COCONUT GROVE TO MAINTAIN THEIR HOUSE NUMBERS VISIBLE FROM THE STREET. 37. (CONTINUED) -- APPROVE ACQUISITION FOR WATER HEATER -- FROM KEN CLARY AND COMPANY -- FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($5,523.04). -- (SEE LABEL 7). 38. AUTHORIZE THE ENGAGEMENT OF THE LAW FIRM OF HOLTZMAN KRINZMAN, EQUELS AND FARIA AS THE CITY'S LOBBYIST IN TALLAHASSEE CONCERNING THE PARROT JUNGLE BOTANICAL GARDENS ON WATSON ISLAND PROJECT. R 96-526 7/11/96 R 96-527 7/11/96 R 96-528 7/11/96 M 96-529 7/11/96 R 96-530 7/11/96 R 96-531 7/11/96 100-103 104-105 105-111 39. WAIVE CODE REQUIREMENTS LIMITING R 96-532 NUMBER OF SPECIAL EVENTS IN THE 7/11/96 COCONUT GROVE SPECIAL EVENT DISTRICT AND FEES RELATED TO THE THIRD ANNUAL DOMESTIC VIOLENCE AWARENESS WALK-A-THON CONDUCTED BY THE DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE, TO BE HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT (OCTOBER 26, 1996), WITH CONDITIONS. 111-113 40. WAIVE FEES RELATED TO A COMMUNITY R 96-533 113-114 PICNIC SPONSORED BY THE COCONUT 7/11/96 GROVE FAMILY AND YOUTH INTERVENTION CENTER, TO BE HELD AT ELIZABETH VIRRICK PARK (AUGUST 24. 1996), WITH CONDITIONS. 41. (A)AUTHORIZE MANAGER TO NEGOTIATE R 96-534 115-118 MODIFICATION OF LOAN MADE BY 7/11/96 MIAMI CAPITAL DEVELOPMENT, INC., (MCDI) TO FALAH ENTERPRISES, INC. (JIHAD RASHID) -- PROVIDE A ONE TIME ONLY WORKING CAPITAL LOAN FOR $42,400 -- FURTHER AUTHORIZE MCDI TO APPROVE LOAN IN ACCORDANCE WITH U.S. HUD GUIDELINES. (B) COMMENTS FROM COMMISSIONER PLUMMER CONCERNING THE 42. (A) EMERGENCY ORDINANCE: AMEND EMERGENCY 119-124 CAPITAL IMPROVEMENTS 11337 -- ORDINANCE INCREASE APPROPRIATION TO CIP 11380 PROJECT 331364 (TACOLCY PARK C.D. R 96-535 IMPROVEMENTS) FROM $315,000 TO 7/11/96 $415,000 FOR BELAFONTE-TACOLCY CENTER, PROJECT 702701, FOR STRUCTURAL IMPROVEMENTS TO PROPERTY AT 6161 NW 9TH AVENUE. (B) RATIFY MANAGER'S EMERGENCY FINDING FOR CONSTRUCTION IMPROVEMENTS AND REPAIRS AT THE BELAFONTE -TACOLCY CENTER (6161 N.W. 9TH AVENUE) -- WAIVE COMPETITIVE SEALED BIDS -- AUTHORIZE MANAGER TO SOLICIT QUOTES AND TO ENTER INTO CONSTRUCTION AND PURCHASE OF MATERIALS CONTRACTS -- ALLOCATE $200,000 FROM CIP ORDINANCE 11337, PROJECT 331364. 43. DIRECT ADMINISTRATION TO SCHEDULE DISCUSSION 125 A DISCUSSION CONCERNING THE 7/11/96 FLAGLER STREET MARKET PLACE FOR THE JULY 25, 1996 MEETING. 44. WAIVE FEES RELATED TO FLOREXPO M 96-536 125-126 '96 INTERNATIONAL FLOWER SHOW, 7/11/96 SPONSORED BY THE FLORIDA FEDERATION OF GARDEN CLUBS, INC., TO BE HELD AT THE COCONUT GROVE EXHIBITION CENTER (NOVEMBER 1-4, 1996), WITH CONDITIONS. 45. GRANT TO RAFAEL HERNANDEZ HOUSING R 96-537 126-129 AND ECONOMIC DEVELOPMENT 7/11/96 CORPORATION A SIX MONTH EXTENSION FOR SINGLE FAMILY HOUSING PROJECT IN ALLAPATAH. 46. DIRECT MANAGER TO PROVIDE COMMISSIONER DAWKINS WITH A REPORT REFLECTING STEPS TAKEN TO INFORM OWNERS OF PROPERTY LOCATED AT 5500 NW 17 AVENUE (HARDEMON MARKET) WHAT THEY NEEDED TO DO TO BRING THE BUILDING UP TO CODE COMPLIANCE WITHIN SIX MONTHS OR ELSE THE BUILDING WOULD REVERT TO THE CITY. -- ALSO, REPORT SHOULD REFLECT THAT OWNER UNDERSTOOD WHAT NEEDED TO BE DONE. 47. (A)DISCUSSION CONCERNING NEGOTIATIONS BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE PANTHERS RELATIVE TO A LEASE RENEWAL FOR THE PANTHERS AT THE MIAMI ARENA. (B) DEFER CONSIDERATION OF APPOINTMENTS TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) BOARD UNTIL THE MEETING OF JULY 25, 1996. 48. WAIVE FEES RELATED TO THE '96 AMERICA'S SOCCER INTERNATIONAL WORLD DIVISION SOCCER GAME SPONSORED BY THE AMERICAN SOCCER INTERNATIONAL ORGANIZATION (SOCCER BENEFIT CONDUCTED BY WORLD VISION), TO BE HELD AT THE ORANGE BOWL. DISCUSSION 7/11/96 DISCUSSION 7/11/96 R 96-538 7/11/96 129-130 131-135 135-137 49. GRANT REQUEST BY FERNANDO R 96-539 137-138 GONZALEZ FROM "VECINOS EN 7/11/96 ACC ION, " FOR A PLAQUE IN A CITY OF MIAMI PARK ON BEHALF OF THE CHILD BERNABE RAMIREZ, MURDERED IN LITTLE HAVANA IN RIVERSIDE PARK. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 11th day of July, 1996, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:08 a.m. by Vice Mayor Wifredo Gort with the following members of the Commission found to be present: Vice Mayor Wifredo Gort Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. ALSO PRESENT: Cesar H. Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk ALSO PRESENT: Commissioner Joe Carollo An invocation was delivered by Vice Mayor Gort who then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: At this point Commissioner Dawkins informs the commission a will be absent after 1:00 p.m. NOTE FOR THE RECORD: Mayor Stephen P. Clark passed away on June 4, 1996. For the Commission meeting of July 11, 1996, the Mayor's seat was vacant. NOTE FOR THE RECORD: Prior to the begining of the meeting, the Aaministration with rew the following agenda items: 10; 12; 22; 23; 26; 29; 33 and 36. Commissioner Dawkins: Mr. Mayor and my fellow Commissioner, at one o'clock, I'm supposed to speak to the Dade County Commission on the Overtown Tunnel. So in the 1 July 11, 1996 afternoon, I may be coming back a little... I don't think it will... I'll talk to them at one o'clock, I don't think it will take until three. Commissioner Plummer: I think we ought to be out of here by noon Miller, really. Commissioner Plummer: I don't see how. OK, O. Well, J.L. Plummer and I will get us out of here by noon. What I've got controversial, I will defer. Commissioner Plummer: OK. i Vice Mayor Gort: We'll come back. Commissioner Plummer: That's fine. Vice Mayor Gort: Is Joe going to be here? OK. ---------------------------------------------------------------------------------------------------------------- 1. CONSENT AGENDA Commissioner Plummer: I move the Consent Agenda. Vice Mayor Gort: Does anyone have any items they want to remove from the... defer from the Consent Agenda? Commissioner Dawkins? Commissioner Dawkins: None whatsoever, Mr. Vice Mayor. Vice Mayor Gort: Mr. Plummer. Commissioner Plummer: I have none. Commissioner Dawkins: Second it. Vice Mayor Gort: OK. It's been moved and second. Commissioner Plummer: Go ahead. Vice Mayor Gort: Discussion? Commissioner Plummer: Call the roll. Mr. Cruz, are you going to speak on the Consen Agenda? Mr. Mariano Cruz: Oh yes. Item 1, just to... because I need more information. Commissioner Dawkins: I have to go back to my office to get my agenda. Mr. Cruz: I see the amount here on the item 1, on CA-1, forty thousand five hundred and sixt ($40,560) for the air conditioner service. What ever happened to the employees that we got GSA (General Services Administration) that used to do air condition maintenance? We don have any more of those? Everything is being farmed out? Privatized? Used to have peopl around that did the air condition maintenance, but I see now that air condition maintenanc service is being contracted out to somebody else. Why is that being done? i r 2 July 11, 19c- Vice Mayor Gort: Mr. Manager, you want to explain that? Mr. Odio: Cost effective. Mr. Cruz: So everything else has to be cost effective, too. Remember that. If that is what is good for the goose, it's good for the gander, too. So there are many other departments that are very top heavy, salaries and otherwise. And on the other one I want to talk about here, on another settlement here that we got, forty thousand dollars ($40,000) for Domenak. That's the bottom line figure, counselor? Vice Mayor Gort: Excuse me sir. A. Quinn Jones, I1I, Esq. (City Attorney): Excuse me? Vice Mayor Gort: The question again is? Which item are you discussing? Mr. Cruz: CA-6, forty thousand dollars ($40,000) for Fermin Domenak, that we... I mean, we as always paying. I'd like to see one here that we are accepting some money from somebody, because the City is suing, because the people were liable for the accident. They always say that, no, through workmen's compensation, we can't do that. I think we can do that. Because most of the time that's what I see here. All the time. A. Quinn Jones, III, Esq. (City Attorney): Well, I'm glad to see, Mr. Cruz, that you went to law school and you know how to evaluate lawsuits, you know. That's why the City Commission pays me to be general counsel, and 1 make those decisions. And I stand by the decision that I made, the recommendation that this case be settled. Mr. Cruz: But, not only that, because the City pays for the Law Department. I see a lot of work that's being farmed out, too. Vice Mayor Gort: Yes sir. Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners and citizens of Miami. My name is Manuel "Broom -Broom" Gonzalez-Goenaga, a duly qualified candidate for dictator of Dade County. Remember, a new "Broom -Broom" sweeps clean, and that's what we need at the City of Miami, to make it clean. And I hope that the new Mayor that will be elected on July the 23rd, his first commitment is to clean the City. Vice Mayor Gort: Which item are you addressing sir? Mr. Gonzalez-Goenaga: I am addressing all of them, because of my speaking is cost efficient. If you think, Commissioners, that this is a cost efficient City, giving cost efficient contracts, we will have a long way. And then the issue on CA 6. I am not questioning the integrity and the judgment of the City Attorney, but I have lack of information, because I have not been provided with the tort, the backup papers regarding that tort, and the other one that will come on item 27- A, another settlement. We are constantly settling. Look, when I file my case, I do not want any settlement. We go all the way, like men. Thank you. Vice Mayor Gort: Thank you sir. OK. Being no further discussion, all in favor, state so be saying "aye." The Commission (Collectively): Aye. 3 July 11, 199[ Commissioner Plummer: Mr. Vice Mayor, I move the... NOTE FOR THE RECORD: Commisisoner Carollo enters the Commission Chamber at :14 a.m. Vice Mayor Gort: Wait a minute. Joe, we just made a motion on the Consent Agenda. Commissioner Carollo: I voted "aye." Vice Mayor Gort: OK. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WA TERMINED THAT ANY CONSENT AGENDA ITEM, WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED, AS A REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort, Jr. NAYS: None. ABSENT: None. 4 July 11, 1996 1.1 ACCEPT BID: CARRIER CORPORATION, --FOR FURNISHING AIR CONDITIONING MAINTENANCE SERVICES, FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($40,560). RESOLUTION NO. 96-496 A RESOLUTION ACCEPTING THE BID OF CARRIER CORPORATION, A NON-MINORITY/DADE COUNTY VENDOR, FOR THE FURNISHING OF AIR CONDITIONING MAINTENANCE SERVICES, IN THE ANNUAL AMOUNT OF $40,560.00, FOR THREE POLICE DEPARTMENT STATIONS, FOR A ONE (1) YEAR PERIOD WITH THE OPTION TO EXTEND SAID SERVICE FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE FY'95-96 GENERAL OPERATING BUDGET, ACCOUNT CODE NO.290-201- 670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICES, TERMS AND CONDITIONS PURSUANT TO BID NO. 95-96-081, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.2 ACCEPT BID: OK FEED STORE SOUTH, INC.--FOR FURNISHING DOG FOOD -- FOR CANINE UNIT, POLICE DEPARTMENT. ALLOCATE FUNDS ($14,531). RESOLUTION NO. 96-497 A RESOLUTION ACCEPTING THE BID OF OK FEED STORE SOUTH, INC., A NON-MINORITY/DADE COUNTY VENDOR, FOR FURNISHING DOG FOOD FOR POLICE DEPARTMENT CANINE UNIT ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT A TOTAL AMOUNT OF $14,531.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE OPERATING BUDGET FY' 95/96, ACCOUNT CODE NO. 290201-710; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID PURCHASES AND THEREAFTER TO EXTEND SAID CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICES, TERMS AND CONDITIONS PURSUANT TO BID NO.95-96-071R, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 July 11, 1996 1.3 AUTHORIZE ALLOCATION OF $14,998.68--FOR PURCHASE OF 732 STX RADIO BATTERIES FROM MOTOROLA, INC.--FOR POLICE DEPARTMENT. RESOLUTION NO. 96-498 A RESOLUTION AUTHORIZING THE PURCHASE OF 732 STX RADIO BATTERIES FROM MOTOROLA, INC., A NON -MINORITY, NON -LOCAL VENDOR UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 450-120-95-1 AT A TOTAL PROPOSED AMOUNT OF $14,998.68 FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 2902010- 701; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.4 ACCEPT BID: AFTER HOURS CLEANING SERVICE INC.--FOR FURNISHING CUSTODIAL MAINTENANCE AT THREE CITY SITES --FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE --ALLOCATE FUNDS ($11,556). RESOLUTION NO. 96-499 A RESOLUTION ACCEPTING THE BID OF AFTER HOURS CLEANING SERVICE INC., A BLACK/ DADE COUNTY VENDOR, FOR THE FURNISHING OF CUSTODIAL MAINTENANCE AT THREE CITY SITES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, ON A CONTRACT BASIS FOR ONE (1) YEAR PERIODS, AT AN ESTIMATED TOTAL ANNUAL COST OF $11,556.00; ALLOCATING FUNDS THEREFOR FROM THE FY'95-96 OPERATING BUDGET, ACCOUNT CODE NO. 421001-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, UNDER THE SAME PRICES, TERMS, AND CONDITIONS, PURSUANT TO BID NO. 95-96-066 AND SUBJECT TO AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6 July 11, 1996 1.5 ACCEPT BID: OMB POLICE SUPPLY --FOR FURNISHING BADGES, WALLETS AND INSIGNIAS --FOR POLICE DEPARTMENT --ALLOCATE FUNDS ($15,481.10). RESOLUTION NO. 96-500 A RESOLUTION ACCEPTING THE BID OF OMB POLICE SUPPLY, A NON-MINORITY/DADE COUNTY VENDOR, FOR THE FURNISHING OF BADGES, WALLETS AND INSIGNIAS TO THE DEPARTMENT OF POLICE, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT A TOTAL PROPOSED ANNUAL COST OF $15,481.10; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE ACQUISITIONS AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICES, TERMS, AND CONDITIONS PURSUANT TO BID NO. 95-96-075 AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.6 CLAIM SETTLEMENT: FERMIN DOMENAK ($40,000). RESOLUTION NO. 96-501 A RESOLUTION A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO FERMIN DOMENACK THE SUM OF $40,000.00, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY, CASE NO. 95-09412 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 CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 6201010-653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 July 11, 1996 -1\ 1.7 AUTHORIZE CHIEF OF POLICE TO DONATE TO CHARITABLE ORGANIZATIONS UNCLAIMED PROPERTY OR EVIDENCE. RESOLUTION NO.96-502 A RESOLUTION AUTHORIZING UNCLAIMED, LOST OR ABANDONED PROPERTY OR UNCLAIMED EVIDENCE ("PROPERTY"), WITH A VALUE OF $500.00 OR LESS, IN THE CUSTODY OF THE POLICE DEPARTMENT, TO BE DONATED TO CHARITABLE ORGANIZATIONS; DONATIONS OF SAID PROPERTY TO CHARITABLE ORGANIZATIONS TO BE AT THE DISCRETION OF THE CHIEF OF POLICE, ON A PER REQUEST BASIS, UPON SATISFACTION OF ALL LEGAL REQUIREMENTS, AND EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Commissioner Plummer: I move the approval of the Commission meeting minutes of April 25th, the special meeting of April 29th, and the regular meeting of May the 23rd. I so move. Vice Mayor Gort: Is there a motion to... Mr. Gonzalez-Goenaga: I have a question on April 29th. Commissioner Dawkins: Wait. Vice Mayor Gort: There's a motion to move the... approve the minutes. Is there a second? Commissioner Dawkins: Second, second. Vice Mayor Gort: Second. Mr. Gonzalez-Goenaga: I have a clarification on the April 29th special meeting. I am questioning, at this point, the mental abilities and judgement of Steve Clark on that specific date. Thank you very much. Vice Mayor Gort: OK. Commissioner Dawkins: Call the roll Mr. Clerk. Vice Mayor Gort: All in favor state so by saying "aye." Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. P July 11, 1996 NOTE FOR THE RECORD: On a motion duly made by Commissioner Plummer and seconded by Commissioner Dawkins, the minutes of the regular and Planning and Zoning Commission meeting of April 25, 1996; special Commission meeting of April 29, 1996; and the regular and Planning and Zoning Commission meeting of May 23, 1996, were approved by the Commisison, 2. PRESENTATION: MIAMI CHILDREN'S CENTENNIAL PROJECT. Commissioner Plummer: Mr. Vice Mayor... Vice Mayor Gort: Wait a minute. Before we proceed, we have some presentation here. Commissioner Plummer: Are they here? Vice Mayor Gort: Commissioner Carollo. Commissioner Dawkins: Are these youngsters to be presented something? Commissioner Carollo: Yes. Can they come up? You all come up. Commissioner Dawkins: Bring them up here, sir. Bring them up here. Commissioner Carollo: Bring them up here. Commissioner Dawkins: Bring all of them up here. Charlene Watkins (Legislative Aide to Commissioner Carollo): Mr. Charles Ogugua will make a presentation inviting the Commissioners to the Miami Children's Centennial events. Mr. Charles Ogugua: Good morning, Commissioners and fellow citizens. My name is Charles Ogugua, the coordinator of the Miami Children's Centennial project. We have here, this morning, children from the Miami Children's Centennial Club. They have, since January 31st, when the torch of friendship was lit at Bayside, been diligently working on different programs and activities that enhance love, friendship, unity and progress for the City of Miami. Because, as their T-shirts read behind, "I am the future," they are the future of this community. And as we celebrate the centennial year of this City, we hope that all the things that are being done will be for the future progress of these youngsters. And today, we are inviting you all, Commissioners, to the Miami Children's Centennial Banquet, which will be taking place on July 26th at the Intercontinental Hotel. We will be having as our keynote speaker, Miriam Wright -Adelman, who convened the stand for children's rally in Washington, which all these... most of these kids here and others attended. Also, we hope, and we are expecting the Governor of the State of Florida, his excellency, Governor Lawton Chiles, to be our special guest of honor at that banquet. And we implore you, Commissioners, to make this banquet truly representative of this community. In order to do that, we have designated five tables each to all of you, each of you, 9 July 11, 1996 and these tables will be available for you to invite members of your constituencies to fill these tables, so that we will have a truly cross-section of Miami as we celebrate the centennial year. Proceeds from this banquet will be for the Miami Children's Centennial Summit coming up in September 1996. Thank you so much, and I want to invite Natalie Gutierrez, who has a little poem, just a little, for the Commissioners and the citizens. Natalie. NOTE FOR THE RECORD: At this point Natalie Gutierrez reads a poem into the public record. Mr. Oguagua: OK. (APPLAUSE) Commissioner Carollo: We want to take this opportunity not only to honor the work that you all have been doing, but to honor the kids, in particular, that have been part of this Miami Children's Centennial Program, and urge all of you that can to come to the banquet July 26th, and be part of our Centennial Year celebrations. And particularly, all the children that are here today - and you, too, Manny, you're the littlest one - thank you very much for being here. We're proud of you. Thank you. (APPLAUSE) Vice Mayor Gort: Item two. Commissioner Plummer: Mr. Vice... Vice Mayor Gort: Before we go into the item, you want to ask for the items that are being deferred or withdrawn? Commissioner Plummer: On the board. Vice Mayor Gort: They're on the board, OK. Mr. Cesar Odio (City Manager): After the distribution of the agenda, it's 12, 33 and 36. Commissioner Plummer: Yeah, it's on the board, also. Vice Mayor Gort: OK. 10 July 11, 199E ---------------------------------------------------------------------------------------------------------------- 3. APPOINT INDIVIDUALS TO SERVE ON COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT AS PROFERRED BY CHAIRMAN ON THIS DATE. Commissioner Plummer: Mr. Vice Mayor, in reference to the Beautification Committee, it has always been the policy that they surrender the names, and unless anybody wishes to add to the list, that's an acceptable list to us. And unless anybody has any names to offer, I would move at this time that we accept the list that's been proffered. Commissioner Carollo: So I second the motion. Vice Mayor Gort: You second it. Commissioner Dawkins, you have a name to add? Commissioner Carollo? Commissioner Dawkins: No, thank you, sir. Vice Mayor Gort: OK. Commissioner Carollo: I would like to add the name of Elaine Cruz, if they could consider it. Commissioner Dawkins: Yes. Commissioner Plummer: Absolutely. Vice Mayor Gort: Elaine Cruz. OK. Anyone else? OK. All in favor, state so by saying "aye." ' Commission Collectively: Aye. Mr. Walter Foeman (City Clerk): Mr. Vice Mayor. Vice Mayor Gort: Yes. Mr. Walter Foeman (City Clerk): Excuse me. Before you take the roll call, there are some residents, some members who are outside the City, so you want to include the waiver provision for that? Commissioner Plummer: So move. Commissioner Dawkins: Second, second. Commissioner Carollo: Moved and second. Vice Mayor Gort: It's been moved and seconded. Roll call. Commissioner Plummer: You don't need a roll call. Vice Mayor Gort: We don't need a roll call. Unanimous. 11 July 11, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-503 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 4. APPOINT JOSEPH EDWARDS TO SERVE ON HISTORIC AND ENVIRONMENTAL PERSERVATION BOARD. I---------------------------------------------------------------------------------------------------------------- i Vice Mayor Gort: Item 3. Commissioner Plummer: My appointment there is under the Business and Finance, and I woul, appoint Mr. Joseph Edwards. Vice Mayor Gort: Commissioner Carollo? Commissioner Carollo: I'd like to hold this off for a little later. Vice Mayor Gort: OK. And Commissioner Plummer's nomination has been moved an( seconded. Commissioner Dawkins: Move the name by Plummer, motion by Plummer. Vice Mayor Gort: OK. All in favor, state so by saying "aye." Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. 12 July 11, 19(- The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-504 A MOTION APPOINTING JOSEPH EDWARDS AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. [Note for the Record: Mr. Edwards was nominated by Commissioner Plummer. Pending still are two nominations to be made by Commissioner Carollo.] Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ------------------------------------- -------------------------------------------------------------------------- 5. (A) APPROVE ENGAGEMENT OF MOTOROLA, INC.--FOR RELOCATION OF CITY'S 6 GHZ MICROWAVE SYSTEM --FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/COMMUNICATIONS DIVISION --ALLOCATE FUNDS ($174,510 CIP PROJECT 311018) (B) DISCUSSION CONCERNING THE NEED TO RESEARCH OTHER PROVIDERS TO REPLACE MOTOROLA, INC. Vice Mayor Gort: Item 4. Microwave system relocation. Commissioner Plummer: Move it. Vice Mayor Gort: It's been moved. Is there a second? Commissioner Carollo: Second it. Vice Mayor Gort: Discussion? Mr. Mr. Gonzalez-Goenaga: Yes. Vice Mayor Gort: Yes, sir. Mr. Gonzalez-Goenaga: Since this is a ratification of something that has been... I think I just want to emphasize that this has been discussed, discussed, and mentioned in this Commission, and orders by this Commission not to bring emergency issues, because otherwise, you are - this Commission and the citizens, because they respond to us, not to Cesar... 13 July 11, 1996 Commissioner Plummer: This is not an emergency item. Vice Mayor Gort: Let him talk. When he finishes, we'll tell him. Mr. Gonzalez-Goenaga: ... are rubber stamped "Monigotes." And we don't want this. We want the Commissioners to respond to the people. But we cannot make it, because it's already spent, it's already approved. And you put the guidance, and you ordered him to give specific previous reports, and I wonder if that has been done in all emergency issues. And this emergency, the emergency, Commissioners, is to let Cesar go. Thank you. Mr. Odio: Mr. Vice Mayor, obviously, he's been coming... Vice Mayor Gort: Excuse me. It's not a sole source... It's a sole source, not an emergency. Mr. Odio: This is not an emergency. If somebody could translate it to him, this is only a sole source, and I'm coming here to tell you that this is not... It's the only source that we have, and that's all we're doing here today. Mr. Gonzalez-Goenaga: Wait. Motorola is not the only source in the United States of America. Vice Mayor Gort: Thank you, sir. Mr. Gonzalez-Goenaga: If that is the case... i Vice Mayor Gort: Thank you sir. All in favor... Mr. Gonzalez-Goenaga: ... then we are in bad shape, this nation. Vice Mayor Gort: Discussion. Commissioner Dawkins: Under discussion. Under Discussion. I vote yes, and then after, I'll discuss it. Vice Mayor Gort: All in favor state so by saying "aye." Commission Collectively: Aye. Vice Mayor Gort: Unanimous. Commissioner Dawkins: Mr. Boom -Boom, I agree with you. For 16 years, I have been sitting here saying that Motorola is not the only radio manufacturers in the United States of America. But each time they need something, Motorola is the sole provider. So I share your concerns, but that's about all I can do. Commissioner Carollo: Can I hear from Captain Longueira on this item? Just for the record, so we could establish it. Vice Mayor Gort: I think it's... Captain Joseph Longueira (Police Department): It's really Ron Williams' item. Vice Mayor Gort: ... Ron Williams' item. Captain Longueira: But just so you understand, we're not buying anything. They're relocating and realigning the current system that we have. Because of a lot of moves in buildings that have 14 July 11, 1996 been constructed, our system's in jeopardy. It's not working right. Our officers can't talk to the station. Their lives are in jeopardy, and we need to do this. Commissioner Carollo: Well, I realize that Ron is taking the lead in this item, but I want your opinion also, besides Ron. We have a lot of people out there that will be watching this Commission meeting, and I think they need a clear explanation. Ron, please. Mr. Ron Williams (Assistant City Manager): Thank you Commissioner. As Captain Longueira said, this is an item that affects our present radio communications system. As you know, we have a microwave network that has a loop. We relocated after the sale of our property on 20th Street, our main transmitter/ receiver site to the 7th Street Fire Maintenance Facility. As part of that move, there was a need for realignment, because of construction in that alignment; specifically, meaning where one microwave site talks to the other. This is to relocate a present site, realign the system, in order that we can ensure direct linkages and safety within our radio communications system. Vice Mayor Gort: Commissioner Dawkins, does that answer... Commissioner Dawkins: To... Oh, I'm sorry. Are you finished Commissioner? Commissioner Carollo: No, no, I'm finished. Thank you. Commissioner Dawkins: OK. Captain Longueira, or the Manager, or Mr. Williams, have any new products been designed since we started using Motorola that are more advanced, that use new technology, that might be on line in the year 2001? Is it anything out there like that? Mr. Williams: Yes. Commissioner Dawkins: OK. Now, for 16 years, I've been saying, "Let's use something other than Motorola." But nobody... But anybody has yet to come to me and say, "Commissioner Dawkins, JPT has a unit similar to Motorola, and in the year 2005, JPT will be the technology that we are going to use. So here is what we're doing Commissioner Dawkins. We are phasing in Motorola and JPT so that in the year 2005, we will not be stuck with Motorola, who will be - not obsolete - but will not be the new state of the art." And you just keep bringing me Motorola, Mr. Williams... I mean Mr. Manager. Commissioner Plummer: Who is J... Commissioner Dawkins: No, I'm not... No, no, ,no. Commissioner Plummer: Miller, who is JPT? Commissioner Dawkins: I don't know... No, that's my company I'm going to open up when I leave here. Commissioner Plummer: Oh, OK, all right. Mr. Odio: Commissioner, you're right, and we should be looking at the future, but what we're doing here is just moving the existing equipment that we have from one location to the other one. We are not purchasing anything. Vice Mayor Gort: I think the message you're getting is, somehow, we need to look at the different alternatives that we have. Right now, I, like Miller and many of us have people to supply softwares... 15 July 11, 1996 Mr. Odio: We are... Vice Mayor Gort: ... they're locally owned, and they're not able to do it, because we're married to this one system. My understanding is we have to continue to use the same system. Mr. Odio: You have... I do want to say, on the record - and I couldn't care less what brand we use - that the County decided to go away from Motorola, and they are having serious, serious problems. Commissioner Plummer: They are now ready to go away from the system they bought. OK? Commissioner Dawkins: OK. All right. Name me anybody else in Dade County who is trying to get away from Motorola. Commissioner Plummer: Florida Highway Patrol tried to get away. Commissioner Dawkins: Well, all right. You see, I've been here as long as J.L. You know, every time I come up with something, the Manager and J.L. Plummer come up with something to show where I'm wrong. Commissioner Plummer: No, no, no. I'm not... Commissioner Dawkins: Oh yes, yes, yes, yes. Commissioner Plummer: No. They're no love of mine, believe me. Commissioner Dawkins: OK. Commissioner Plummer: I've been after them for a long time. Commissioner Dawkins: Ever since... You and I both. Commissioner Plummer: But the problem, Miller, that happens to you is this: When you buy a Chevrolet, you cannot go to a Chrysler dealer and ask for parts. Now, you can go and buy a Chrysler and get Chrysler parts. And the biggest problem that we have here... You want a new system? You've got to completely eliminate what we've got, to start a new system. Commissioner Dawkins: But by the... Commissioner Plummer: Now, if you go with what the County has - and I'm not going to mention any trade names, but it's one of the biggest companies out there - the County is about to finally admit that they made a mistake, and they're about ready to go back out into the field and try to redo again. Commissioner Dawkins: OK. You are right. My first car was a Chevrolet. It performed beautifully. But as I made more money, I went up the line, and I bought a Buick, and I got better performance out of the Buick. Then I moved from the Buick to a Cadillac. I got better performance out of the Cadillac than I did the Chevrolet or the Buick. I will never buy an Infiniti, I will never buy a Lexus, because I will never buy anything that is not American made. Commissioner Plummer: All I want... Commissioner Dawkins: So therefore, somewhere along the lines, we should have said, "We bought a Volkswagen and we no longer need Volkswagen performance." 16 July 11, 1996 Vice Mayor Gort: We need a Cadillac. Commissioner Dawkins: We need to move up. That's all I'm saying J.L. Thank you. Thank you, Mr. Mayor. Vice Mayor Gort: All in favor, state so by saying "aye." Commissioner Plummer: All I want to know is, how come you're back to a Buick? The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-505 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ENGAGEMENT OF MOTOROLA, INC. FOR THE RELOCATION OF THE CITY'S 6 GHZ MICROWAVE SYSTEM AT A PROPOSED COST OF $174,510.00 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/COMMUNICATIONS DIVISION; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 429402-340, PROJECT NO. 311018; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 17 July 11, 1996 6. (A) DISCUSSION CONCERNING RATIFYING MANAGER'S SOLE SOURCE FINDING --FOR ACQUISITION/INSTALLATION/ PROGRAMMING OF JOHNSON CONTROLS METASYS PMI SOFTWARE--ARCNET CARD IN A CITY PROVIDED COMPUTER -- ASSOCIATED TIE-IN TO EXISTING METASYS BUILDING MANAGEMENT SYSTEM AT RIVERSIDE CENTER (444 SOUTHWEST 2ND AVENUE) --BY JOHNSON CONTROLS INC.--SEE LABEL 10. (B) DISCUSSION CONCERNING LACK OF SECURITY IN CITY HALL Vice Mayor Gort: Item 6. Commissioner Plummer: Item 5. Was that Item 5 or did... That was 4. I move 5. Commissioner Dawkins: Item 5? What is 6 J.L.? j Commissioner Plummer: Five is the equipment at the new building downtown. Commissioner Dawkins: Second. Mr. Manuel Gonzalez-Goenaga: Public hearing? i Commissioner Plummer: Oh, no. Vice Mayor Gort: Yes, sir, go ahead. Mr. Gonzalez-Goenaga: Well, here we are again. Little things. Problems of little cars. What about the health of the employees in that building? This is more important. You know, see, this Commission takes care of little things and abandons the core of the issues. What about the health of the employees of the City of Miami in that building? I want a full, honest, fair report. For heaven sakes, be truthful once in your life. That's more important than these car things, and all these hanky panky deals that are going on. Vice Mayor Gort: Thank you sir. Commissioner Dawkins. Commissioner Dawkins: If you think that the building is unsafe, you should go to Environmental Health, ask them to come out and do a study. And they will tell you that the building is unsafe or it's safe. Commissioner Plummer: The only question that I've got, and I continue to ask, if you go to the Police Department, it's a fortress. It's an unbelievable fortress without alligators. You go to the new building downtown, you've got to come up with your thoroughbred, your birth certificate, your whatever else to get into that building. The only thing we've got is Mike. Mike is our security system, our computer system. Mr. Manager, how come we don't have even - maybe I shouldn't say this on the record - a burglar alarm in this place? We have no security in this place, at all. Mr. Odio: We are hoping they will steal you. 18 July 11, 1996 Vice Mayor Gort: We don't need it. Commissioner Plummer. I think the chances are that you might get stole first. Mr. Odio: That would be great. I'm younger, that's why. Vice Mayor Gort: OK. Item 5. All in favor, state so by saying "aye." Commissioner Plummer: Move it. Vice Mayor Gort: It's been moved and second. All in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. NOTE FOR THE RECORD: Due to the fact that agenda item 5 require a 4 5t s vote Sy —Tie members of the City Commission, the item did not pass. ---------------------------------------------------------------------------------------------------------------- 7. (A) TEMPORARELY DEFER CONSIDERATION OF AGENDA ITEM 5 (RATIFICATION OF MANAGER'S EMERGENCY FINDING --FOR PURCHASE OF WATER HEATER FROM KEN CLARY & COMPANY --FOR POLICE DEPARTMENT). (B) DIRECT ADMINISTRATION TO PROVIDE COMMISSIONER DAWKINS WITH A REPORT DETAILING SPECIFICATIONS/ DEALER/ PURCHASE AND INSTALLATION COSTS OF WATER HEATER FOR POLICE DEPARTMENT --( SEE LABEL 37). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Item b. Commissioner Plummer: Move it. Commissioner Dawkins: Second, for discussion. Commissioner Plummer: Oh, my God. Vice Mayor Gort: Under discussion. Commissioner Dawkins. Commissioner Dawkins: Mr. Manager, what make, model and size of a water heater cost fiv. thousand dollars ($5,000)? Mr. Odio: I have to defer on that. All I know that... Commissioner Dawkins: I can't defer. You already spent the money. Mr. Odio: I know, but I mean, I don't know about the sizes of the heaters. 19 July 11, 191- Commissioner Dawkins: OK, well, somebody... Now wait a minute. Now, see, somebody should not have brought this here if you can't tell me the... Mr. Odio: He can, he can. i i Commissioner Dawkins: ...the size of the water heater. Mr. Odio: He can, sir. i Captain Joseph Longueira (Police Department): Commissioner, I believe it was a hundred and fifty gallons industrial grade water heater. We use it in our gym and in our locker rooms. Commissioner Dawkins: All... OK. I got a 30-gallon water heater, and it cost me a hundred and forty-nine dollars ($149). Now you've got how many gallons? Captain Longueira: I believe... Commissioner Dawkins: You've got a hundred and fifty gallons, and it costs five thousand dollars ($5,000). Something's wrong. Captain Longueira: I believe it's a hundred and fifty, but I don't know, a hundred percent. I'd have to get you that answer. Commissioner Dawkins: No, no, no, no. You all give me the answer... Captain Longueira: But it's an industrial grade... Commissioner Dawkins: No. Give me the answer... i Vice Mayor Gort: Bring it back. Commissioner Dawkins: ... now. Because you should not come before this Commission, not expecting the Commissioners to have some questions about an expenditure that you've made. Captain Longueira: You can ask about the expenditure. You're asking me the amount of gallons. I don't have that. Commissioner Dawkins: Well, I, I did not... No, wait, now. You see, that's... Let the records reflect, I asked you... Mr. Odio: Let's defer this item. Commissioner Dawkins: ... the size of a water heater that cost five thousand dollars ($5,000). That's what I asked you. Captain Longueira: Correct. I'll get you the answer. Commissioner Dawkins: The size. Mr. Odio: We'll defer this item, Commissioner. Vice Mayor Gort: Go get the information and come back later. We need a four -fifths anyway. 20 July 11, 1996 Commissioner Plummer: Yeah, next November. Commissioner Dawkins: The money's already spent. Ratifying and approving. It doesn't make any difference. Mr. Odio: And I will... Vice Mayor Gort: We need the four -fifths, anyway, Commissioner. Commissioner Plummer: They're not spending their money. Commissioner Dawkins: OK. But somebody... Commissioner Plummer: Is it deferred? Vice Mayor Gort: Yeah. Commissioner Dawkins: All right, I tell you what. Mr. Mayor. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: Let them get the specs, the dealer, and what was paid for the heater, and what was for installation... And J.L., you say we're quitting at eleven? Have that back here by ten fort -five. Now, in this computerized age, it doesn't take long to get that. i Captain Longueira: OK. Commissioner Dawkins: Is that all right Mr. Mayor? NOTE FOR THE RECORD: At this point, agenda item 6 was continue to 10:45 a.m. ---------------------------------------------------------------------------------------------------------------- 8. AT THIS POINT, ITEM 7 (PROPOSED FIRST READING ORDINANCE TO AMEND CODE SEC. 54-84 "NAMES OF DRIVES AND ROADS" BY CHANGING SOUTH BAYSHORE DRIVE BETWEEN S.E. 8 STREET AND S.E. 15 ROAD TO BRICKELL BAYSHORE DRIVE) WAS WITHDRAWN BY CITY MANAGER. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move Item 7. Mr. Odio: I'm withdrawing Item 7. I'm sorry. Commissioner Plummer: You're withdrawing it? Mr. Odio: Yes sir. Commissioner Plummer: Can I ask why? 21 July 11, 1996 Mr. Odio: We'll bring it back on the next Commission meeting. Commissioner Plummer: OK. Mr. Odio: There was a mistake made here. Unidentified Speaker: Commissioners, I want to speak on item 7 because... Commissioner Plummer: Sir, it's been withdrawn, there's no discussion. Vice Mayor Gort: It's been withdrawn. NOTE FOR THE RECORD: At this point, agenda item 1 was withdrawn y t e City Manager. ---------------------------------------------------------------------------------------------------------------- 9. (A) AUTHORIZE RESTRICTION OF VEHICULAR ACCESS IN MODEL CITY NEIGHBORHOOD --FOR 120 DAY TRIAL BASIS, SUBJECT TO CONDITIONS. (B) DIRECT ADMINISTRATION TO PRESENT A REPORT AT THE NEXT CITY COMMISSION MEETING CONCERNING TOTAL COST OF POLICE OVERTIME-- EQUATING SUCH COST TO THE TOTAL NUMBER OF POLICE OFFICERS THAT COULD HAVE BEEN HIRED. (C) DIRECT ADMINISTRATION TO PROVIDE MORE VISIBLE POLICE PROTECTION IN AREAS OF OVERTOWN, SPECIFICALLY THOSE WHERE DRUG TRAFFICKING IS MORE OBVIOUS. (D) DIRECT ADMINISTRATION TO PRESENT AT THE NEXT CITY COMMISSION MEETING THE POLICE CHIEF'S PLAN FOR DEPLOYMENT AND THE RESULTS OF SUCH PLAN FOR THE PAST TWO YEARS. Vice Mayor Gort: Item 8. Commissioner Plummer: Miller, this is yours. Commissioner Dawkins: Yep, I got... No, it's not mine. Vice Mayor Gort: It's ours. Commissioner Plummer: All right, I'll move it. Vice Mayor Gort: OK. It's been moved. Is there a second? Commissioner Dawkins: I second, but now I've got to find my... Vice Mayor Gort: It's been moved and second. Discusison. 22 July 11, 1996 Commissioner Dawkins: Under discusison. I've got a whole lot of discussion. What's going to happen at the end of the trial period? Mr. Wally Lee (Assistant City Manager): If it's successful, Commissioner, and the residents of the area, it's acceptable to them, then they will become permanent. We come back to the Commission then. Commissioner Plummer: Well, it has to come here for approval. Mr. Lee: Yes, sir. Commissioner Plummer: Of course. Commissioner Dawkins: OK. Now, in every other area where barricades... OK what's the total cost of the permanent barricades? Mr. Lee: We have not worked that figure up yet, Commissioner. It depends on the design, if we want to make it accessible to the Fire Department and so on. Commissioner Dawkins: Who's going to pay for the design? Mr. Lee: As far as I know, we are, sir. Commissioner Dawkins: We haven't paid for the design for no other community. Vice Mayor Gort: Yes, yes, we did. Miller, didn't we approve matching funds with Coral Gate, for the studies in Coral Gate? Mr. Cesar Odio (City Manager): We paid for the studies. Vice Mayor Gort: We paid for the study in Coral Gate. Commissioner Dawkins: OK, all right, no problem. Who's going to pay for... We paid for the installation in Coral Gate? Mr. Lee: No. The barricades will be paid for... The permanent barricades will be paid by the neighborhood. Commissioner Dawkins: By who? Mr. Lee: By the neighbors, sir. Commissioner Dawkins: You know what neighborhood this is? Mr. Lee: Well, I'm tell... I'm answering you, specifically, Coral Gate, which you mention here... Commissioner Dawkins: This area is bound by 62nd Street to 58th Street, 12th Avenue to 15th Avenue, and they're going to pay for barricades? Mr. Lee: I didn't say that, sir. Commissioner Dawkins: You said it would be bought by the neighbors. 23 July 11, 1996 Mr. Lee: Under the... Sir, you can have, you know... If the City wants to pay for it, fine. But the way the ordinance reads, the neighbors are responsible for paying for the permanent barricades. Commissioner Dawkins: And usually when you get to this stage of the game, the neighbors have raised the money and come in here and tell you they're ready. Am I right or wrong? Mr. Lee: Yes, sir. Commissioner Dawkins: OK. Now, that's up to this Commission. I don't care what you guys do. Mr. Lee: That's right. Commissioner Dawkins: But, Mr. Manager, they have put up barricades, and I don't know why you're say you're just putting temporary. Barricades are up there. The drug salesmen have moved from 58th Street all the way to 46th Street, south. They're operating between 12th Avenue and 17th Avenue. Now, since you are barricading off this area, and you're driving the drug dealers south from 54th Street on into 48th Street, what is your plan to curtail drug sales and prostitution in the area of 46th Street to 54th Street, from 12th Avenue to 54th Street, where they have moved from up here, and they sit on the corners down here, down the street from me and every place else, and sell drugs and nobody's bothering them, how are you going to do that? Commissioner Plummer: We got the same problem everywhere, Miller. Commissioner Dawkins: Beg your pardon? Commissioner Plummer: Got the same problem everywhere. Vice Mayor Gort: Well, maybe this will be the time to come up with a comprehensive plan for the whole City. Commissioner Dawkins: But when you had it in the Roads, and the druggies moved out, you created a special task force. That's all I'm... Tell me what you're going to do. That's all I need to know, Mr. Manager. Chief Donald Warshaw (Chief of Police): Well, Commissioner, the barricaded area that we have set up came at... Vice Mayor Gort: Excuse me. Will you identify yourself please, sir. Chief Warshaw: I'm sorry? Vice Mayor Gort: Will you identify yourself, sir. Chief Donald Warshaw (Chief of Police): Chief Warshaw. Vice Mayor Gort: Thank you, sir. Chief Warshaw: The barricaded area that we set up came at the very strong urging and request of T. Willard Fair in which he asked that... Commissioner Dawkins: I'm not concerned about the barricaded area. I'm concerned about drugs and crime in the unbarricaded area... 24 July 11, 1996 Chief Warshaw: OK, well, all right... Commissioner Dawkins: That's my concern. No, if you're going to... Please Mr. Chief, only discuss the area below the barricaded area, and what you're going to do to curtail crime and drug sales in that area. Chief Warshaw: OK. Commissioner, we have street level tactical drug operations taking place all over the City of Miami outside the barricaded area. Commissioner Plummer: It ain't working. Chief Warshaw: The barricaded area was a special program that was designed to deal just with that area. You're asking me what we do. We have street level... Commissioner Dawkins: I'm not, sir, no, no. I asked you, what are you going to do? I didn't ask you what you do. Chief Warshaw: We're doing it already. We do street level drug operations all over the City. Commissioner Dawkins: Mr. Manager, let me talk to you, not the Chief. OK? Let me talk to the Manager. OK? Mr. Manager, ninety-two million, six hundred four thousand, one hundred and eighty-six dollars ($92,604,186) of the general fund money goes to the Police Department. On top of that, we get auto thief prevention grants of forty-four thousand five hundred forty six dollars ($44,546), Mr. Manager. The U.S. Department of Justice, for a Drug -Free Neighborhood Task Force, we get a hundred and eighty thousand four hundred and ninety-seven dollars ($180,497). For the Cops Ahead, we got five hundred twenty-five thousand eight hundred and thirty-two dollars ($525,832). for Cop More, we got nine million four hundred thousand thirty- one dollars ($9,400,031). For a grand total, U.S. Department of Justice, Drug Control System, we got a million nine hundred and fifty thousand dollars ($1,950,000), Discretionary grant - I don't what that is - we got seven hundred thousand dollars ($700,000). Miami Police Crack Team, we got two hundred and ten thousand dollars ($210,000). And ladies and gentlemen, all of this is grant money. This is on top of what we got budgeted. Haitian Narcotic Enforcement, fifty-nine thousand five hundred and nineteen dollars ($59,519). Public document research, forty thousand dollars ($40,000). Geographical targeting, which Joe and I go through, a hundred thousand ($100,000). Gang Resistance Education and Training, a hundred seventy-six thousand ($176,000). Federal Drug Control, a hundred and seventy-six thousand ($176,000). Police hiring supplement, one million nine hundred and fifty thousand dollars ($1,950,000). Mr. Manager, we've received a hundred and six million six hundred and sixty-four dollars four hundred and seventy-nine ($106,664,479) in grant money. When you add a hundred and six million ($106,000,000) onto the general fund of ninety-two million ($92,000,000), in the Police Department, we've got one hundred and ninety-nine million two hundred sixty-eight dollars and... I mean one hundred ninety-nine thousand two hundred and sixty-eight thousand six hundred and sixty-five dollars ($199,268,665) of crime money fighting. And I still... Here it is right here, don't shake your head. Here it is. Here it is right here, and I can't get two policemen riding through there, out of all this money, you tell me about what we are going to do. Somebody has got to give me some police protection in that area, and in every other area where the people are unsafe. With two hundred million dollars ($200,000,000), we should not have a crime problem. Mr. Odio: Commissioner, yesterday, last night there was a... As an aside - I didn't even know you were going - there was a meeting in Overtown, and as I came out around a quarter to eight, we had a drug operation going with our undercover people. They arrested... They had, as I saw, four people in handcuffs. They were selling heroin, coke, and I think there may have been some 25 July 11, 1996 marijuana. I talked to the police officers. They're doing this everywhere in the City. As I talked to the police officers, I said, "Are you satisfied that you're doing what you can?" They said, "No. We're satisfied, but the problem is, you see those clowns we got under handcuffs over there? They'll be out in two hours. They laugh at us, because they don't care if we arrest them. All they lost last night was"... I think they had cash monies. When they were counting, they had about three hundred and some dollars in cash that they had confiscated, and the few, the little bags they found with the drugs. They don't care. They come back and make double in two hours later. So we... Commissioner Dawkins: Mr. Manager... Vice Mayor Gort: That's not the problem. I think what the Commissioner is asking the Chief, can you tell him how you're utilizing the money? I think it's important for everybody. Commissioner Dawkins: Mr. Manager, Mr. Manager, I ride out there. I've ridden with him. I ride by myself. If you take enough policemen and put them, I don't care if you put them on a motor bike, if there's police surveillance, druggies will not stop to buy. The people who buy drugs, they don't want you taking their picture, they don't want to be seen purchasing drugs. But the only time the druggies have to worry about being harrassed is when there is a sting, and we've got newspaper and what have you. Now if you want, I'll recess and take the whole Commission and go, even in the area where the barricades are, and show you drug sales going on right now, and the police are going right by watching them. OK. No further discussion on this, or whatever you're going to do with it. Commissioner Plummer: You don't have to go that far. You know, I think, Mr. Manager and to the Chief, when you put, at Hibiscus and Grand, and you put that van down there, drug sales went elsewhere. The minute you took that van out of there, I mean you can go there right now and buy anything you want and you're only limited by the amount of money in your pocket. And as far as I'm concerned, I can't understand why, when you had something that was a success, that we didn't proceed to continue it. As Miller says, you put a policeman there, ain't nobody going to go buy. Nobody there is going to go buy. Vice Mayor Gort: Chief. Chief Warshaw: Commissioner, most of those sting operations were done using existing resources with overtime. The problem is with a thousand and fifteen sworn officers, most of whom have regular full-time assigned positions, we're drawing from them to do this stings throughout the City. There just is not sufficient manpower to take all those officers out of those zones and have them, continuously, on a full-time basis do these sting operations around the City. We need, you know, substantial additional resources to accomplish that. Now, we do do those things, and through the NET (Neighborhood Enhancement Team) Program, we are changing some of the deployment strategies. We're putting more officers on foot, on bike, on beats, so we can deal with street level operations more. But that's simultaneously with bringing calls for service down. The officers you talk about that are going by drug sales are on their way to high priority calls that sometimes, as you know, you know are very backed up. And one of the things we're doing now is bringing those calls down, so that officers can get more involved in doing those street level kinds of things. But without sufficient manpower - and I know I'm preaching to you and to the choir - that's not going to change that until we bring those calls down to a manageable level. Commissioner Dawkins: Mr. Mayor... Commissioner Plummer: Can we move on? 26 July 11, 1996 Commissioner Dawkins: ... would you request from the Manager - because my requests do not get answered - that the Manager provide us, at the next meeting, with the total number of hours that have been paid in overtime to police? And equate that into the total number of permanent officers that could have been hired, and show me wherein by not hiring additional police, and taking an officer who's been on duty, who is - and denying his family to protect me - how I get better results than I would of hiring another policeman. You have the Manager present that to you and you present it to me. Vice Mayor Gort: Yes. And I will have him present it to the whole Commission. Commissioner Plummer: All right. Commissioner Carollo: Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Commissioner Carollo: Commissioner Plummer, if I could take a minute. I think that the last point, particularly, that Commissioner Dawkins made, we need an answer to. It's a very good point. The Chief mentioned that we have a thousand fifteen sworn officers. I would imagine, Chief, that is including the additional certified new officers that we brought in recently from other departments. Chief Warshaw: That's correct. Commissioner Carollo: That's why we got above the one thousand number now. Chief Warshaw: That's correct. Commissioner Carollo: That's not including the ones we have in the academy presently, correct? Those are not sworn yet. Chief Warshaw: Yes, that's total number right now. Commissioner Carollo: Including the academy ones? Chief Warshaw: Yes. Commissioner Carollo: OK. So the actual number is less, because the ones in the academy are not sworn yet, and we don't know how many of them actually will finish the academy course. Chief Warshaw: They're graduating in another week or so. But even beyond that, you're right. It will be six months, at the minimum, before you really get full utilization of them. They go through field training. Commissioner Carollo: So the actual number then... We have how many in the academy, about 18? Chief Warshaw: Fifteen. Commissioner Carollo: Fifteen. OK. So it's about a thousand we have. Chief Warshaw: Correct. 27 July 11, 1996 Commissioner Carollo: But even beyond that, to show to the public the dilemma you really have, it's way below a thousand. Because you have at least 70 that you have on paper as sworn officers but you cannot use them on the street. Chief Warshaw: Correct. Commissioner Carollo: In fact, many of them, you cannot even use them inside the station because of the disability and other problems that they might have. Chief Warshaw: Relieved, light duty, limited. Commissioner Carollo: So you... The real number is what? Approximately 925, 928? Chief Warshaw: In the low nine hundreds. Commissioner Carollo: Yeah. Little over nine hundred. So, that's the real dilemma that we have, that this Police Department is short, at the very least, 200 police officers. And I'm being very kind when I say 200. It' closer to 300, because we have over 70 police officers that are being shown as being on the roster, but we really don't have them to use as we need. Until we can beef up the Police Department in manpower, and frankly, Chief, at the same time, be absolutely sure that each of these sworn officers that we have will be doing their very best out there - it's not enough that we have 75 percent of our officers giving their best, we need every one of them to give their best - we're not going to be able to accomplish the security needs that Miami needs today. Fifty percent, almost 50 percent - it's 48 percent - of our general revenue funds go to law enforcement. That's a hefty amount for any major City. In fact, I would probably estimate that there is no major City in the United States that is spending approximately half of its general revenues on law enforcement. So we need to utilize what we have in the best way that we can to ,justify to the public of where our general revenue funds are going to. At the same time, we also have to be honest with the public and let them know what the real dilemmas are. Additional problems that we have, that the Chief inherited, is the fact that we have 143 police sergeants, supervisors. These are your front line supervisors. We have more police sergeants now, than I think we've ever had; is that correct Chief? Chief Warshaw: It's approximately the same. They're very... We turned over about 90, 95 of them in the last 14 months because of early retirement. So we... Commissioner Carollo: But that's the point. In the last 14 to 18 months, two-thirds of all the sergeants that we have, approximately a hundred, have been promoted, which means that we have a police force that has some very new police sergeants to deal with a lot of new police officers. So, it makes it very difficult for us to bring on board immediately large numbers of new police officers. It's a Catch-22 situation. And If you bring 200 immediately in the force, you will have a major additional supervision problem. This is why what... The Manager, jointly with the Police Chief and myself, and the cooperation from my colleagues here, sat down and worked out a plan where we're presently recruiting, in every major Florida city, sworn police officers that are certified by the State of Florida, where we don't have to wait six months for them to go to an academy, and even more time in doing background checks and all kinds of additional checks, where we could basically bring them on board fairly quick, so that we can have seasoned, experienced police officers that we could bring on as quickly as we can. But one additional question, Chief, that I'd like to ask you, which is important. We recently, a few months ago, approved several million dollars - that was fairly large amount of dollars - for the new computers that are going to be hand held, that's going to save thousands of manhours, where, instead of one officer being stuck at a crime scene for an hour doing a report, he could do it fairly quick and be on to the next call. How soon will it be before we can implement the bulk of that? 28 July 11, 1996 Chief Warshaw: Probably in about September, and that was the three million ($3,000,000) for the first three or four hundred laptop computers. We're going to be doing a technology test. The technology is being developed now, so, hopefully, sometime soon after that, those first three or four hundred will actually be in the hands of the officers. Beyond that, we're looking for more money from the Federal government to buy the next three or four hundred, and hopefully, we'll get that, based upon our application in the past. Commissioner Carollo: Very good. All right. Well, thank you very much. Vice Mayor Gort: Thank you. Mr. Manager, also, when you bring the report back with the expenditure of the money, I'd like for the Chief, also, to bring his plans that he's implemented, and the results in the last three years that have taken place since you've been the Chief. Because I think it's important for the people to know what's taking place and the amount of arrests that we make and so on. So if you could get a full report I think it will be important. Commissioner Plummer: The only problem is it's the bottom line. What we're doing ain't working. Commissioner Dawkins: OK, and I'm sorry Mr. Fair left. I'm in favor of Mr. Fair's barricades, but I don't intend to barricade the rest of it. And if the police are effective, I don't have to barricade. So I'm looking for more effective policing, so that there will be no need, and we can take down the barricades in other areas, also, if we get better policing. Vice Mayor Gort: You can take it everywhere. OK. On item 8, is there a motion? Commissioner Carollo: There's a motion. Commissioner Plummer: Item what? Vice Mayor Gort: It's been moved and second. Commissioner Plummer: Item 7? Commissioner Carollo: Eight. Vice Mayor Gort: Eight. Mr. Manuel Gonzalez-Goenaga: Public hearing? Commissioner Plummer: What did we do with... Commissioner Dawkins: This is item 8. Item 8. Commissioner Plummer: OK, all right. Mr. Gonzalez-Goenaga: Public hearing? Vice Mayor Gort: It's been moved and seconded, item 8. Yes, sir. Mr. Gonzalez-Goenaga: Well, I'm going to present, not an inventive plan, something that has worked in Puerto Rico, even at the expense of lawsuits by the American Civil Liberties Union. If we really want to get rid of drugs here in this little 34 square mile town, let's get, just like in Puerto Rico, the National Guard, because policemen, sometimes, they are participants in the drug deals. 29 July 11, 1996 Unidentified Speaker: Oh, no. Mr. Gonzalez-Goenaga: Oh yes. The real... Oh, no. The best... jVice Mayor Gort: Excuse me sir. Would you stick to the item on the agenda.? i Mr. Gonzalez-Goenaga: Well, and then on top of that... Experience talks. On top of that, I fully agree with Mr. Odio, for the first time, that these drug dealers are put on the streets so easily, including his brother... i Vice Mayor Gort: Go ahead. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I will address myself like to the hiring of certified police officers in the State of Florida. I told a friend of mine, that he is a policeman in a small city, Northeast Dade, I told him about the City. And when he applied, he was turned down because he say that he had been in parties, you know, the people do things or whatever. He didn't do it. But that was one of the reasons. And the guy had been an officer for ten years. Probably he would be a better officer than some that are already on the street. Because you get a lot of police officers... Just read the article that just came out in the New Times about Ed Figueroa. That's going to cost us a lot of money, you see? You will see. Read the article. It's going to cost us a lot of money, when you go to civil rights and the whole thing there. And we'll be paying that. And you... I question, you see there, SIS overtime to investigate their own police officers? How much money are they spending? That's a good question, yes. How much money is being spent in overtime? Maybe you could hire a lot of police officers. Because you got little problems over there, people arresting people. Like once, in my case, a "POPO"... how they call the street jargon, P-O-P-O, pissed off police officers. And you've got a lot of those out there. Vice Mayor Gort: OK. Commissioner Plummer: You know, Mr. Vice Mayor, to sit here and to listen to this rhetoric... You know why his friend is probably working for a little police department? He couldn't pass the rigorous tests that we have in the City of Miami. And because of that, he went out to a little farm out there in the outskirts where he doesn't have to be involved in the daily activities that our policemen are subjected to, and when we put them through the screening and the testing and everything, they came out the best that we know how. Do we have a few bad apples? Absolutely. Do we get rid of the bad apples? I think they do a tremendous job. Vice Mayor Gort: OK. Is there a motion. Yes. Commissioner Dawkins: Go ahead. No, carry the motion. Vice Mayor Gort: There's a motion and a second. All in favor state so by saying "aye." The Commission (Collectively): Aye. 30 July 11, 1996 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 96-506 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING AND PERMITTING THE RESTRICTION OF VEHICULAR ACCESS TO CERTAIN STREETS IN THE MODEL CITY NEIGHBORHOOD IN THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH PLAN "A" AS ATTACHED HERETO, FOR A 120 DAY TRIAL BASIS, SUBJECT TO CONDITIONS, AS SET FORTH HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Dawkins: Mr. Mayor. Vice Mayor Gort: We've got to go back to item... Commissioner Dawkins: Mr. Mayor... Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: We have quite a few businesspeople and homeowners here on item 14. I would move that we hear 14, so that these people may be able to leave. 31 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 10. (CONTINUED)-- RATIFY MANAGER'S SOLE SOURCE FINDING --WAIVE COMPETITIVE SEALED BIDS --APPROVE ACQUISITION/ INSTALLATION/ PROGRAMMING OF JOHNSON CONTROLS METASYS PMI SOFTWARE--ARCNET CARD IN A CITY PROVIDED COMPUTER -- ASSOCIATED TIE-IN TO EXISTING METASYS BUILDING MANAGEMENT SYSTEM AT RIVERSIDE CENTER (444 SOUTHWEST 2ND AVENUE) --BY JOHNSON CONTROLS INC.--ALLOCATE FUNDS ($7,000) (See label 6) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: OK. Can we listen to item 5? We need four -fifths. We voted on it, but Commissioner Carollo was not in. Commissioner Carollo: That's correct. Item 5, I move item 5. Vice Mayor Gort: It's been moved and seconded. All in favor state so by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 96-507 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION, INSTALLATION, AND PROGRAMMING OF JOHNSON CONTROLS METASYS PMI SOFTWARE, THE ACQUISITION AND INSTALLATION OF AN ARCNET CARD IN A CITY PROVIDED COMPUTER, AND THE ASSOCIATED TIE-IN TO THE EXISTING METASYS BUILDING MANAGEMENT SYSTEM AT THE CITY OF MIAMI RIVERSIDE CENTER, LOCATED AT 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, TO BE PROVIDED BY JOHNSON CONTROLS, INC., 200 OAKWOOD LANE, HOLLYWOOD, FLORIDA (A NON -MINORITY / NON -LOCAL VENDOR), AT A PROPOSED COST, NOT TO EXCEED $7,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NUMBER 921135-670; FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. 32 July 11, 1996 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: OK. Fourteen. Commissioner Carollo: We still have to deal with, I believe, item 6. Vice Mayor Gort: No, was referred for later on. NOTE FOR THE RECORD: At this point, Commissioner Carollo recognizes State epresentative Carlos Lacasa. Commissioner Carollo: OK. Mr. Vice Mayor, if I may recognize State Representative Lacasa, who's here, and if you may ask him if he's here on any particular item that we could take earlier as a courtesy? Mr. Lacasa (State Representative): I appreciate that Commissioner. I'm fine just sitting and listening and just learning the process. Commissioner Carollo: Good. It's very good to have you here, State Representative Lacasa. Mr. Lacasa: Thank you. f Vice Mayor Gort: Yes sir, Commissioner Dawkins: It don't make any difference. I did if you need it. No problem. i i 33 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 11. (A) PERSONAL APPEARANCE: ART SMITH --CONCERNING PROPOSED OPENING OF MARLER AVENUE BETWEEN PLAZA STREET AND DOUGLAS ROAD. �B) RECONSIDER 96-437, OPENING OF MARLER AVENUE. C) GRANT OWNERS OF MARLER AVENUE BETWEEN PLAZA STREET AND DOUGLAS ROAD PERMISSION TO PURCHASE 12 1/2FT. OF THE PUBLIC RIGHT-OF-WAY WITH CONDITIONS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Item 14 is a personal appearance request by Mr. Art Smith. Commissioner Plummer: Mr. Vice Mayor, if I may, in the essence of time, I would hope that all of these people are not planning on speaking, that they could appoint one or two chairpersons to speak for them under the rule of two minutes per person. I would hope that could be the case. Mr. Arthur Smith: My name is Arthur Smith. I live at 3689 Loquat Avenue in Coconut Grove. Honorable Commissioners, Coconut Grove is a wonderous and magical place to live. Those of us who have lived and who have committed ourselves to the Grove, say to you, Commissioners, join us. We do not want to look backwards. We want to get on with our lives and go forwards, forwards. Our neighbors are not just points on the compass, east, west, north south. They are people. And we have all come together on this Marler Avenue issue to make a common mission to have a harmonious Grove. The time has come that we have built bridges. After all, once you get over the initial impressions and get to know people below the surface, good people are good people. All the communities and individuals under the auspices of Mrs. Thelma Edwards, in a NET (Neighborhood Enhancement Team) Office, and Wally Lee in the Public Works Department, agree and we are one on this issue. Why would the City want to open up an unpaved, never used alley, not a street, that has been closed, and everyone agrees, to remain closed? Ms. Brenda Rivers: Good morning, Commissioners. My name is Brenda Rivers. I live at 3627 Douglas Road, which makes me one of the four homeowners of St. Hugh Oaks Condominium Village which was built by the City of Miami. Commissioner Dawkins: Just a minute. It doesn't affect all the homeowners, just you? Ms. Rivers: No. I'm saying... Commissioner Dawkins: It affects all homeowners. Ms. Rivers: They're all here. I'm saying I'm one. Commissioner Dawkins: It affects all the homeowners. OK, OK Ms. Rivers: I'm saying I'm one of the current four homeowners. Commissioner Dawkins: Current four. Ms. Rivers: Yes. Commissioner Dawkins: But it affects the ones behind you, also. 34 July 11, 199 Ms. Rivers: I didn't say that. I'm just saying, I'm just identifying who I am and where I live. Basically, I'm saying that along with my neighbors at St. Hugh Oaks Village, and my neighbors on Loquat, I am opposed to opening Marler Avenue to any kind of traffic. This action, we feel, would destroy the serenity of the neighborhood, the ambience, and also most importantly, compromise our security. Over the last six months, I have attended three community meetings on this subject, at which we voted to settle this issue by having the City, if possible, deed half the property to St. Hugh Oaks Village and the other half to the property owners on Loquat. I'd like to say that we feel that this suggestion was worthwhile, and that the property owners involved should be included in your decision, and basically, how we feel about this should be considered. Again, there are four property owners there now. All four of us are here, and we would like you to consider the action that was voted on by the community and our Representatives. Thank you. Commissioner Plummer: Wally, what's your compromise? You got a compromise? Mr. Reginald Nicholson: My name is Reginald Nicholson. I'm the president of the Loquat Park Villas Condominium Association. My address is 3635 Loquat Avenue. My point this morning, while I ditto everything that's been said up here, is that when I read the minutes of the meeting where this was passed, it was said there was no opening to Douglas Road from St. Hughes, and there very much is, right across from Kumquat on 37th Avenue, an opening... Commissioner Dawkins: OK, let me bring this to a head up here. Let me bring this to a head OK? My concern has been, and always will be the individuals who have squatted on Loquat land. That's my concern. You have a gentleman who couldn't care less about my rights, your rights, and nobody's rights. He has built all the way into the right-of-way. And tell him Miller Dawkins, says he's arrogant. OK? Unidentified Speaker: Give him a violation. Get him out of there. Commissioner Dawkins: He's arrogant... Mr. Nicholson: I don't think... Commissioner Dawkins: Wait a minute. Mr. Nicholson: Miller, with all due respect, one person... Vice Mayor Gort: Excuse me, excuse me, excuse me. Mr. Nicholson: One person shouldn't stop the whole thing. Vice Mayor Gort: Excuse me, sir. Excuse me. Excuse me, sir. Excuse me. Commissioner Dawkins: He's arrogant. He doesn't want to work with anybody. He makes everybody miserable. OK? Mr. Nicholson: We agree. Commissioner Dawkins: OK. I am in favor, me - I don't know whether we can get the votes up here or not - of taking everybody's property line halfway Marler Street. Unidentified Speaker: That's what we want. Commissioner Dawkins: And then everybody have their... whatever you're supposed to be entitled to. If you got a 50 foot on that, you come out 54 in... 50 feet into Marler. I mean 12 and a half feet, and the other guy come in 12 and a half feet, now.... 35 July 11, 1.996 Applause. Commissioner Plummer: Second the motion. Mr. Nicholson: That's all we were asking. Vice Mayor Gort: I think that's what we agreed from the beginning. Half would go to Oaks... Commissioner Plummer: Naw, that's not... Commissioner Dawkins: No, nobody wanted to do that. Nobody wanted to do that. Vice Mayor Gort: OK. Unidentified Speaker: No, we wanted it... Unidentified Speaker: That's what we wanted. Vice Mayor Gort: Excuse me, excuse me. Commissioner Dawkins: OK, OK, now. The other thing is, the other part of my motion is, and I don't know... Mr. City Attorney? A. Quinn Jones, III, Esq. (City Attorney): First of all Commissioner, you need a motion to reconsider. Commissioner Dawkins: Wait, wait a minute. No. First, I have to finish discussing it. Mr. Jones: OK. Vice Mayor Gort: Go ahead. Commissioner Dawkins: OK? Then I'll make it, because I may not want to make a motion to reconsider, OK? I hear you, because you gave me the resolution. I appreciate it. How can the City of Miami collect rent from a gentleman who has been in the middle of the City property all these years? Is that possible? Unidentified Speaker: Fine him. Vice Mayor Gort: Excuse me. Excuse me. You're not the Attorney. Mr. A. Quinn Jones, III, (City Attorney): Well you've got... Vice Mayor Gort: We pay someone to do that. Mr. Jones You've got possibly two solutions or two avenues. Unidentified Speaker: Make him move. Mr. Jones: I can't hear. I'm sorry, I can't hear. Jack, I can't hear. I can't. Please. Two course of action. One, we could go in and file an action to have him removed what encroachments he has built into the right-of-way. And secondly, perhaps under the Code enforcement process - I don't know that we may be able to fine him - but I think the more effective way would be to file an action have him remove his encroachment into the City's right of way. 36 July 11, 1996 Commissioner Dawkins: But he has harassed me and everybody else for years. He does not have to pay a penalty for that? It's no way you can go to court and make him... You see, here again, in other areas, people come up here, you fine them, you harass them, you do everything. Now, here's a gentleman who seems to be immune to the law, in my opinion, Mr. City Attorney. What do we do? What can we do? Mr. Jones: Well, Commissioner, that would be an action that would be personal to the individuals. Commissioner Dawkins: What individuals? Mr. Jones: In terms of who... Commissioner Dawkins: No. The City of Miami has not given the individuals the land. The land belongs to the City of Miami, does it not? Mr. Jones: Yeah, Commissioner. I've indicated what the proper action would be, to file an action to remove him from encroaching into the right of way. That would be the proper action. Commissioner Dawkins: OK. Mr. Cesar Odio (City Manager): And bull doze it. Commissioner Dawkins: But, proper action would not be to go back and seek damages from him for squatting on my land, that's not proper? Mr. Jones: Well, I'll research that. I don't know. OK? I'll look at that aspect of it, if this Commission directs me to file an action. Commissioner Carollo: Well, I... Commissioner Dawkins: OK, go ahead Commissioner. Commissioner Carollo: I believe, Commissioner, that that's a Code Enforcement problem. I don't know why Code Enforcement has not taken action on it. Maybe it has and we're not awar of it, but that's really a Code Enforcement problem that they can put fines and liens on thei property. Commissioner Plummer: It's not going to be a Code Enforcement if you give the property t each property owner. Mr. Odio: Sir, may I... Vice Mayor Gort: Excuse me.. Commissioner Dawkins: I move, I move to reconsider where I wanted to close the streets. Vice Mayor Gort: OK. It's been motioned to reconsider, is there a second? Commissioner Plummer: Second. Vice Mayor Gort: It's been moved and second. All in favor. 37 July 11, The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-508 A MOTION TO RECONSIDER RESOLUTION 96-437 PASSED ON JUNE 13, 1996, WHICH HAD OPENED MARLER AVENUE BETWEEN PLAZA STREET AND DOUGLAS ROAD. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Dawkins: All right. I now move that the present homeowners abutting Marler Street on both sides be given twelve and a half feet of what is now Marler Street, and that it be platted and added to their land or whatever you have to do, get a survey and let it be attached and be the property of theirs. What is that? Commissioner Plummer: Second the motion. Commissioner Carollo: OK. Discussion, Commissioner Dawkins: Now, under discussion. That gentleman... See, what you're saying, Mr. Gort, is fine. I went out with Wally Lee. I had to have Wally Lee close up holes where people had moved all the way over and dug holes and were going to put up a fence. Mr.Odio: Right. Commissioner Plummer: They fined people, going back to your Code Enforcement. Not one fine has been collected, nobody has been brought... carried any place. It's a waste of time with Code Enforcement. Commissioner Plummer: I told you that from the beginning. Vice Mayor Gort: My understanding... Excuse me. My understanding is the new ordinance that we passed in here, if someone does not pay the fine within 45 days, we can take them to court. Commissioner Plummer: Yeah, but Willy... Mr. Odio: No. Mr. Mayor, we can do better than that. Commissioner Dawkins: All right, now all that... I just left from out there. The gentleman has a fence almost over to... what's that, Charles Street? - it's almost to Charles Street. Commissioner Plummer: No... yeah, yeah. 38 July 11, 1996 Commissioner Dawkins: Yeah, it is, OK. Commissioner Plummer: It's not Charles. Commissioner Dawkins: The only reason it's not, you've got their wire fence up there, OK? Commissioner Plummer: It's not Charles. Commissioner Dawkins: Now what does... Now, who does all that other fencing belong to, Mr. Lee? It's a fence out in the encroachment. Mr. Lee: Right. Commissioner Dawkins: And then on the side of that, along a wire fence, it's some other wood fencing. Who does that belong to? Mr. Wally Lee (Assistant City Manager): That's encroaching in the City of Miami property. Commissioner Dawkins: Who does it... Mr. Lee: To the neighbor. I don't know the name, sir, but one of the neighbors on Loquat. Commissioner Dawkins: Well, that has to come out also. Mr. Lee: Yes, sir. i Commissioner Plummer: Miller, why don't you just say, before we give this property to them, that we go in with a bull dozer and clear the right of way of all obstructions. Unidentified Speaker: Except for trees, I hope. Commissioner Plummer: Excuse me. Commissioner Dawkins: OK. But the neighbors, this morning explained that there are some trees, that when they obtain - and if I'm in error, correct me - when they obtain their 12 and a half feet, they want to retain that tree on that land. Unidentified Speaker: Yes. Commissioner Dawkins: So if we go in with the bulldozer and push it down, we defeat the purpose of what they're trying to do. Commissioner Plummer: No, no, no, no. Vice Mayor Gort: Excuse me. Commissioner Plummer: I'm not talking about... Unidentified Speaker: Thank you, Miller. Miller, that's true. That's exactly right. Commissioner Plummer: I'm not talking about trees. Vice Mayor Gort: Excuse me, excuse me. I think you can make the motion to knock down anything that is not natural. 39 July 11, 1996 Commissioner Plummer: That's right. Mr. Lee: Right. Commissioner Plummer: Fine. Commissioner Dawkins: That's not natural? Vice Mayor Gort: Right. That will keep the trees and... Commissioner Dawkins: Yeah, but who's going to pay for it? Commissioner Plummer: The City. Commissioner Dawkins: The City. Why should I pay for this guy who's... You see, that's my problem. Commissioner Plummer: Mr. Arrogant... Commissioner Dawkins: Why should I pay for the guy who's been in the middle of this land for 14 years? Why should... You see... OK. Mr. Lee: ...Just a second, just a second. Commissioner Dawkins: I'm finished with that. Vice Mayor Gort: Excuse me, excuse me. Hold it, hold it a minute. Hold it. Mr. Smith: : Everybody agrees to... Vice Mayor Gort: Please, hold it. Mr. Smith: OK. Vice Mayor Gort: Hold it. Commissioner Dawkins: Go ahead sir. Vice Mayor Gort: You all are willing to pay for this? Mr. Smith: Everybody is willing to take down their fences that the City feels is encroached, and move them back to the compromised position, and they will do that in accordance with City Code, City surveys, whatever you guys want. We're willing to do that, according to proper use. Commissioner Plummer: But you've got to pay, also, for the replatting. Commissioner Dawkins: You've got to pay, too, now. I'm not going to survey your land and give you a survey. Commissioner Plummer: No, they've got to do the... they've to pay for the replatting. Commissioner Dawkins: That's right. You've got to pay for your own survey. 40 July 11, 1996 Mr. Smith: Yes, sir. That is, that is part of the compromise. Vice Mayor Gort: All right. Is that a part of your motion, Commissioner Dawkins? Commissioner Dawkins: Yes, mm-hmm. Vice Mayor Gort: OIL. Second. Commissioner Plummer: Call the roll. Commissioner Carollo: No, wait. We still have discussion. A motion was made, and a second. Mr. Smith: Now, there's one... Vice Mayor Gort: Excuse me. We're having a discussion among ourselves now. Mr. Smith: I'm sorry. Vice Mayor Gort: Commissioner Carollo. Commissioner Carollo: I have no problem whatsoever in working out the arrangement that my colleague described. I tell you the area that I have a problem with. The City of Miami, it's a City, as you all know, because you get your tax bills every year and you see it, is in dire financial need. Mr. Smith: You want to tax it on property? Go to it. Vice Mayor Gort: Excuse me. Let the Commissioner finish. Commissioner Carollo: Well, the property will be taxed. Mr. Smith: I'm sorry. Commissioner Carollo: It will be taxed. Vice Mayor Gort: Excuse me. Joe, Commissioner Carollo. Commissioner Carollo, Excuse me. Commissioner Carollo: My concern is... Vice Mayor Gort: Commissioner, will you excuse me a minute please? Commissioner Carollo: Yes, sir. Mr. Smith: I'm sorry. Vice Mayor Gort: We paid respect to you all when you all were speaking. We expect the same from you when a Commissioner is talking. Mr. Smith: You're absolutely right. Vice Mayor Gort: Thank you. Go ahead, Commissioner. Commissioner Carollo: No, no, he has. He didn't mean any harm. It's fine. 41 July 11, 1996 Vice Mayor Gort: I understand, but we need order. Commissioner Carollo: Thank you, Mr. Vice Mayor My concern is that I don't want to begin by setting a precedent, no matter how much or how small a parcel we're discussing, that we're giving it away for free. I mean, this is going to present a real value to you. And when you sell your home, you will be able to sell... if you sell it 30 years from now, 20 years from now, that's going to be an added economic benefit that you will have. I mean, we're talking about real dollars that we're going to be giving to each of you that will receive part of that property. And we need to find a fair return to the City that we will receive something for that property. Mr. Luis Font: Mr. Carollo, Mr. Carollo may I just say one word? Commissioner Carollo: Yes sir. Mr. Luis Font: You're talking about economics here. Commissioner Dawkins: Pull the mike up please, sir. Mr. Font: And I just want to point out... Vice Mayor Gort: Identify yourself, please, sir. Mr. Font: My name is Luis Font. I live in St. Hugh Oaks. I've lived there since April. We were the first homeowners to move into the development. The City is losing nearly eight hundred dollars ($800) a day on St. Hugh Oaks. If you build that road, it's going to be much harder to sell those homes. Commissioner Carollo: We're not talking about that. Commissioner Dawkins: We just said we're not building the road. We just said we're not building the road. Commissioner Carollo: We're not talking about that at all. What we're talking about... Mr. Font: No, I know what you're talking about. You're also losing tax revenues from that property if you don't sell those homes. It's in your best interest to... Commissioner Dawkins: We just said, we're not going to build the road. Vice Mayor Gort: The motion is to approve it for you. It's in your behalf, sir. Commissioner Carollo: Yeah, yeah, the motion is to approve it. Commissioner Dawkins: We already said... The motion is made and approved not to put the road in. Commissioner Carollo: Yeah. What we're discussing here is something totally different. In, St. ! Hugh Oaks, it will affect you differently than the individual homeowners that will get the other portion of the street. Mr. Font: I understand that. Commissioner Carollo: What I'm talking about is that we're willing to work that out as you all want it. But what I'm bringing up here is a reality that you all will benefit economically by 42 July 11, 1996 having that property as yours. What we're talking about here is for ,you to have a deed to that property, and what I'm saying here is that we just need to work out a solution that's fair to the City, too, that we receive some payment for that property, also, even if it's got to be paid over an amount of time. But what I don't want to do is set the precedent that we're going to be giving City property away for free. Commissioner Dawkins: May I, Mr.... Vice Mayor Gort: Yes, Commissioner Dawkins. Commissioner Dawkins: J.L. Plummer has said constantly, when we vacate a street, that it's worth "X" dollars. So I amend my motion to say that whatever the price is arrived at for that property that it be parcelled out equally for everybody who receives a share, and they can pay it, as Joe said, in one time or pay it in annual pieces to their taxes. Mr. Odio: Commisisoner Dawkins... Vice Mayor Gort: Excuse me. Mr. Odio: May I, sir? Commissioner Dawkins: Yes, sir, Mr. Manager. Mr. Odio: I have been trying to find monies to put up a beautiful fence to cover the side of the cemetery that faces St. Hugh Oaks. I don't know if it's proper that they take care of that. Commissioner Dawkins: No, no. I don't want them to say that we coerced them into putting up a fence. Mr. Odio: No, no, no, it's not coersion. It's... Commissioner Dawkins: Let them buy the land period,. Pay it outright, and then after you get it in the general fund, you can decide what to do with it. Vice Mayor Gort: Right. Excuse me. My understanding is that the Commissioner has changed his motion. Does the seconder of the motion accept the amendment to the motion? Commissioner Plummer: Assessed... Yeah. Vice Mayor Gort: OK. Commissioner Plummer: Each one will be assessed value. Vice Mayor Gort: What it is, is be assessed, and they will be given an opportunity to be able to make payments and somehow work it out with you. Mr. Smith: Discussion, sir? Vice Mayor Gort: Go ahead. Mr. Smith: OK. We had originally planned on paying for the replatting process, everybody. And this was considered in lieu of the actual payment of the land. So in effect, we are paying for the land, and I don't want to... The City... As J.L. brought this up three years ago, this land has to be taxed to us, and the City deserves that revenue. He brought this up two years ago, and we still want to pay taxes on that land. 43 July 11, 1996 Commissioner Plummer: That's not the point. The point that's being made is, is that you are acquiring land. Mr. Smith: For? Commissioner Plummer: And as such, you will be beneficiary of "X" square feet, and you should pay for the value of that land. Absolutely. Mr. Smith: Does that... Would the value of that land include the platting process? Commissioner Plummer: It's two separate costs. Commissioner Dawkins: If you're calling the platting process the act of having it surveyed, and attached, and put on the deed as yours, yes. If you call it something else, platting, I don't know what that is. Let me say this, so we can get out of here. Let me say this. My motion says that those who live on either side of the land is entitled to it. The land has a value, that's why everybody wants it. We will assess a value, and spread it out amongst the owners, and those who don't want it, then I don't know. Then we have to go back to the scene and make a bike path out of it or something. But we cannot give you City of Miami's land. It's just that simple. Commissioner Carollo: Well, the other problem that we have, and we can work it through, but nevertheless, it's a problem. The City Attorney has just informed me of it. It's some of the Code provisions that we have, and how we must go about this. That's in our City Code. And if I may, if I could have him explain it to us, I believe that we can accomplish what everybody would like to see done here. But we have to follow the Code in the law of the City of Miami in doing it. Mr. City Attorney. Vice Mayor Gort: There's a process that we have to follow. Commissioner Carollo: Yeah. Yeah, Mr. City Attorney. Mr. Jones: Yeah. Vice Mayor Gort: Mr. Attorney, go ahead. Unidentified Speaker: Commissioners, my... Vice Mayor Gort: Excuse me sir. Unidentified Speaker: I'm sorry. Vice Mayor Gort: Please, you guys are ahead. Quit while you're ahead. Go ahead, Mr. Attorney. Commissioner Plummer: Quinn. Explain the replatting process. It's very simple. Mr. Jones: OK. Right. Commissioner Dawkins: That's the Assistant City Attorney? Mr. Jones: No. Commissioner Dawkins: Come on, let's take a break then. 44 July 11, 1996 i Mr. Odio: She'd have to do the whole thing. Commissioner Dawkins: Huh? Mr. Jones: Commissioner we can work it out. We can work it out. There's another section that i we can work it out. Commissioner Plummer: Call the roll. Commissioner Carollo: OK. You can work it out then? Mr. Jones: Yeah, we'll work it out. Commissioner Carollo: OK. Vice Mayor Gort: OK. All in favor state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. Thank you. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-509 A RESOLUTION (Pending the Law Department.) i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 45 July 11, 1996 Commissioner Carollo: All right. Thank you all for being here and working this out with us. Ms. Niset Morford: Can I say one thing real quick? Mr. Jones: Mr. Vice Mayor. i Commissioner Carollo: Yes. Niset Morford: We want to thank you for your cooperation. This has been very long and drawn out, and it's very exhausting. Vice Mayor Gort: Your name and address please. Ms. Niset Morford: Oh, I'm sorry. My name is Niset Morford. I live at 3601 Loquat Avenue. I am adjacent to three streets, Marler, Plaza, and Loquat. And basically, our concern was the trees, the nature, and the property. And we want to thank you. Vice Mayor Gort: Don't stay there. Don't stay there. Thank you. i jCommissioner Carollo: Thank you all for being here today. Mr. Jones: Mr. Vice Mayor, one further thing you need to do. You need to pass a motion rescinding the motion that you passed at the last meeting... } Commissioner Plummer: I thought we did. Commissioner Carollo: So moved. Commissioner Plummer: We did that already. Mr. Jones: You did? Vice Mayor Gort: We did that already. Commissioner Plummer: We did that already. Commissioner Carollo: Did we? Vice Mayor Gort: We did that already. OIL. Thank you. Item 9. Commissioner Carollo: I think you have someone else wanting to make a statement. Mr. James Wilets: Just one more point I'd like to make. I would like some clarification as to the ... My name is Jim Wilets. I'm a resident of St. Hugh Oaks. And I would like some clarification as to the responsibility of the St. Hugh Oaks residents who do border Marler Avenue to pay for the additional land, because when we bought the land from the City, we understood that there was a substantial chance of getting 12 and a half feet into the City property. Commissioner Plummer: Who told you that? Mr. Wilets: Oh, I don't want to get into the person... Vice Mayor Gort: Well, then, you have... 46 July 11, 1996 i j \ Commissioner Plummer: No. Whoever told you that was wrong. Vice Mayor Gort: Well, they didn't even bring it up. They are responsible. Mr. Wilets: We're also a condominium association. We don't own the land. This is a condominium association. The association technically owns that land border. Vice Mayor Gort: Well, that's something that we cannot give you instruction here. You, as an association, will have to work it out with the City. OK? Mr. Wilets: OK. Thank you very much. Vice Mayor Gort: We'll sit down... Miller and I, with part of the association, will sit down and work it out with you. Mr. Wilets: Thank you. Vice Mayor Gort: Thank you. Unidentified Speaker: The City is the association. Commissioner Carollo: Sure. Seth. Mr. Seth Skisrey: Hi. There's just one quick thing I want to add on here. That the only way... Vice Mayor Gort: Your name and address. Mr. Skisrey: ... that... Vice Mayor Gort: Your name and address. Mr. Skisrey: Oh, yeah. My name is Seth Skisrey, I'm at 3251 Florida Avenue. I'm a former owner at 3651 Loquat Avenue. The house at 3651, the only way that they could get debris from the trees, and everything, there's a mass of cacherina pines and things, which break off continually, because it's a brittle tree. If they could continue to have access back through there as part of this provision, it would be helpful. Vice Mayor Gort: Sir, we already passed the motion. They'll work it our with Public Works. 47 July 11, 1996 -------------- ------ - ------------ - -- - -- - -------- ------------ - - ------ --------------'------------------------------ 12. APPOINT REVIEW COMMITTEE --SELECT CERTIFIED PUBLIC ACCOUNTING FIRM TO EVALUATE PROPOSALS --FOR UNIFIED DEVELOPMENT OF COMMERCIAL AND RECREATIONAL WATER DEPENDENT FACILITIES, AND ANCILLARY USES ON DINNER KEY BOAT YARD (2640 SOUTH BAYSHORE DRIVE) Vice Mayor Gort: Item 9. Commissioner Plummer: Who are we selecting as a CPA (Certified Public Accountant) firm? Mr. Jack Luft (Director, CPR Dept.): Coopers and Lybrand. Commissioner Plummer: Was this put out for bid? Mr. Luft: Yes, sir, it was. We received twelve proposals. Commissioner Plummer: And how much is the cost? Mr. Luft: Depending on the number of proposals that we get, it would be per proposal. Commissioner Dawkins: What item now? Vice Mayor Gort: Nine. Commissioner Plummer: Item 9. Mr. Luft: Yes. We would negotiate a number. They would have to evaluate all of the proposals, so... Commissioner Plummer: Who are the appointments from the City? Mr. Luft: Appointments from the City are Eduardo Rodriguez from Asset Management, Vivians Legido from Marinas, Thelma Edwards, NET (Neighborhood Enhancement Team; Administrator, and Juan Ordonez, engineer from Public Works. Commissioner Plummer: OK. I'll move it and I'll hold my appointment to that committee unti later, and I'll give it to the Clerk. Vice Mayor Gort: There's a motion. Is there a second? Commissioner Plummer: Each one of us have to appoint a member to that committee. Mr. Luft: We have in your backup memorandum some recommendations of names, as th Manager is required to recommend as individuals. Commissioner Plummer: I appreciate that, but I'm not bound by it. Commissioner Dawkins: What is that? Nine? 48 July 11, 19` Commissioner Plummer: Nine. Commissioner Dawkins: I know I won't be bound by them. Where are the names? Mr. Luft: From the members of the public... Commissioner Dawkins: OK. I don't see any names. Vice Mayor Gort: I don't have any names. Mr. Luft: It's on the cover memo. Commissioner Dawkins: Beg your pardon? Commissioner Carollo: There are five names that are recommended. Commissioner Plummer: It says... All it says here is name, title and department. Mr. Luft: I'm sorry. You should have received a memo. Commissioner Dawkins: What are the names? Mr. Luft: The names for the Public was Margot Amadon from Dade Heritage Trust, Richard Benow from Marine... i Commissioner Dawkins: Where is it on the list here? Vice Mayor Gort: We don't have it. I don't have it. Commissioner Plummer: We don't have it. Mr. Luft: We distributed it to your offices, the memorandum with the names. Commissioner Dawkins: Oh, that's why we don't have it. Mr. Luft: Yes sir. OK. It was Richard Benow, Marine Contractor... Commissioner Dawkins: Let me see it. Let me see it. Mr. Cesar Odio (City Manager): Let him see. 3 Commissioner Dawkins: No, I don't want any one of them. Vice Mayor Gort: There's a motion. Is there a second? I Commissioner Carollo: There's a second but... Vice Mayor Gort: Discussion. Mr. Mariano Cruz: Discussion. Vice Mayor Gort: Right. Commissioner Carollo: Who would we like? 49 July 11, 1996 I i Commissioner Plummer: Yeah. I'll surrender mine later. Vice Mayor Gort: So would I. Commissioner Carollo: I will, too. Mr. Luft: Yes: All right. We will need five names. Commissioner Plummer: Yeah. Each one of us will give you one. Mr. Luft: That's four. Commissioner Carollo: That's four. Commissioner Plummer: Oh. Mr. Luft: I need five. Commissioner Carollo: Then the four of us will... Vice Mayor Gort: Vote on one. Mr. Luft: OK. Just so you give me five names. Commissioner Dawkins: Wait a minute. Hold it. Hold it. It's four of us. Mr. Luft: Correct. Commissioner Dawkins: And the four of us will name five names. Commissioner Carollo: That's correct. Commissioner Dawkins: Oh no, no, no, no. I mean, hey... Mr. Odio: Yes, sir. Commissioner Dawkins: No, no. This Commission is supposed to... It's supposed to be five i public people and four of you. I Mr. Odio: We will appoint four. OK? I Mr. Luft: That's right. Commissioner Dawkins: OK. So if each one of us appoints one, that's only four. Mr. Luft: That's correct. Commissioner Dawkins: And I will not have the offsetting vote. So up here, we have to come up with five names. Mr. Luft: That's all I'm telling you. Commissioner Dawkins: OK, all right. That's all. 50 July 11, 1996 i Mr. Luft: I'm just pointing that out. Commissioner Dawkins: OK. Vice Mayor Gort: OK. You want to Mr. Cruz: Yeah, Item 9? Vice Mayor Gort: Yes. Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street in Allapattah. I'm keeping with my continuous appearance to try to find out why the City saved sixty thousand dollars ($60,000) by bulk mailing the agenda to concerned citizens and then I see all the expenses here. One of the things I want to know here, is that, like how much this is going to cost when everything is approved, the RFP (Request for Proposals) and the different things on all the boards? This is costing a lot of money. It's a big money in this, Virrick and that. Because I see here, item 24, the City is accepting a four hundred thousand dollar ($400,000) grant from the State, Department of the State, Division of Historical Place. And Mr. Odio: On issue 9, Mariano, we get reimbursed by the proposer. Commissioner Plummer: By the proposer. Mr. Cruz: All right. One other thing. On the new bond issue for the parks on the County -wide, if it is approved, it's two million dollars ($2,000,000)... Mr. Odio: This has nothing to do with this. Mr. Cruz: ... two million dollars ($2,000,000) there for Elizabeth Virrick also. So I don't know how much it's going to cost. And then at the same time, I see all this expense on this waterfront on the south park. And besides FEMA (Federal Emergency Management Agency), besides Andrew, and Gordon, and all different hurricanes, maybe Bertha, too. And we see there at the Bobby Maduro Miami Stadium, nothing has been done there, nothing. Why? Because it's in northwest. You know how they are. Who lives there? The transients and homeless. I mean, we are fed up with that, with the amount of money being spent here on the south side. And then you go and they tell you there is no money to mail you the agenda, and there's no money to do anything at Bobby Maduro. Well, they get money from the stadium for the damage there from FEMA, and nothing has been replaced. Go over there and see what it's about there. Flea market, that's the only thing they have there. Commissioner Plummer: Call the roll. Mr. Cruz: But they could have do... I bet if they would have done the same thing they are doing with the Virrick and the Orange Bowl, it will be a different story there at the Maduro Stadium now. Vice Mayor Gort: OK. Thank you. Mr. Cruz: And one thing. You got people working here at Virrick for six years, at six dollars ($6) an hour, with no benefits, and that, like I already said before, is obscene. Mr. Gonzalez-Goenaga: Excuse me. Just a question. I just heard that the selecting committee is going to be reimbursed. These members to the new committee, how much are they paid, and who will pay them? 51 July 11, 1996 Mr. Luft: They're paid nothing. It's a volunteer effort. Mr. Gonzalez-Goenaga: Oh, it's volunteer. That's what I thought. And why did I have to hear that they were going to be reimbursed? Vice Mayor Gort: The CPAs are going to do the analysis, which is what we voted on, the CPA firm. Mr. Gonzalez-Goenaga: Oh, the CPAs. Vice Mayor Gort: Yes, sir. Mr. Gonzalez-Goenaga: I see. Well, nothing. I just wanted to have that very clear. Vice Mayor Gort: Any further discussion? Commissioner Plummer: Call the roll. Vice Mayor Gort: All in favor, state so by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-510 A RESOLUTION APPOINTING MEMBERS TO A REVIEW COMMITTEE AND SELECTING A CERTIFIED PUBLIC ACCOUNTING ("CPA") FIRM TO EVALUATE PROPOSALS RECEIVED IN CONNECTION WITH A REQUEST FOR PROPOSALS, ISSUED ON MAY 31, 1996, FOR THE UNIFIED DEVELOPMENT OF COMMERCIAL AND RECREATIONAL WATER DEPENDENT FACILITIES, AND ANCILLARY USES ON CITY -OWNED WATERFRONT PROPERTY KNOWN AS THE DINNER KEY BOAT YARD, LOCATED AT 2640 SOUTH BAYSHORE DRIVE, IN THE AREA OF DINNER KEY, MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SELECTED CPA FIRM FOR THE EVALUATION OF SAID PROPOSALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer NAYS: None. ABSENT: None. 52 July 11, 1996 Vice Mayor Gort: Ten has been withdrawn. ---------------------------------------------------------------------------------------------------------------- 13. AMEND RESOLUTION 96-283--INCLUDE RICKENBACKER MARINA (3301 RICKENBACKER CAUSEWAY) UNDER UNIFIED DEVELOPMENT I PROJECT FOR DEVELOPMENT AND OPERATION OF VIRGINIA KEY BOAT YARD (3601 RICKENBACKER CAUSEWAY). i Vice Mayor Gort: Ten -A. Commissioner Plummer: I move it. Vice Mayor Gort: Ten -A. A Resolution to include additional property to the RFP (Request fc Proposals) for Virginia Key boatyard. Is there a second? Commissioner Carollo: Second. Vice Mayor Gort: It's been moved and seconded. Discussion. Being none, all in favor state s j by saying "aye." Commissioner Plummer: Aye. i Commissioner Carollo: Aye. Vice Mayor Gort: Aye. Commissioner Dawkins: No. Vice Mayor Gort: Show three in favor, one opposed. Commissioner Dawkins: Three -one. 53 July 11, 1 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-511 A RESOLUTION AMENDING RESOLUTION NO. 96-283, ADOPTED APRIL 25, 1996, THEREBY INCLUDING AN ADDITIONAL CITY -OWNED PROPERTY KNOWN AS THE RICKENBACKER MARINA, LOCATED AT 3301 RICKENBACKER CAUSEWAY, AS A FUTURE OPTIONAL SITE FOR DEVELOPMENT UNDER THE UNIFIED DEVELOPMENT PROJECT ("UDP") CREATED PURSUANT TO SAID RESOLUTION FOR THE DEVELOPMENT AND OPERATION OF A BOAT YARD AND ANCILLARY MARINE RELATED FACILITIES AT THE PROPERTY KNOWN AS THE VIRGINIA KEY BOAT YARD, LOCATED AT 3601 RICKENBACKER CAUSEWAY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 14. DEFER AUTHORIZATION OF FUNDING INCREASE FOR HOME MULTIFAMILY REHABILITATION LOAN PROGRAM. Vice Mayor Gort: Item 11. Commissioner Plummer: I'm going to ask that to be... Commissioner Dawkins: Item 11, I move to defer 11. Commissioner Plummer: Second the motion. Vice Mayor Gort: It's been moved and seconded. Commissioner Carollo: Hold, hold on a minute. Commissioner.. Commissioner Dawkins: Mm-hmm. Commissioner Carollo: On 10-A, do you want to bring this back and defer it or... Commissioner Dawkins: No, no, no, no. I have no problem with it. I just can't... 54 July 11, 1996 1 i I Commissioner Carollo: All right. Commissioner Dawkins: Thank you Mr. Commissioner. Commissioner Plummer: Second the motion to defer. Commissioner Dawkins: Defer 11. Vice Mayor Gort: Eleven has been deferred. All in favor state so by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-512 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 11 (PROPOSED REALLOCATION OF $100,000 FROM FY 1996-1997 HOME MULTIFAMILY NEW CONSTRUCTION PROGRAM AND $378,000 FROM THE FY 1996-1997 HOME ASSISTED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION [CHDO] PROGRAM, TO INCREASE THE FUNDS AVAILABLE UNDER THE CITY'S HOME MULTIFAMILY REHABILITATION LOAN PROGRAM). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Item 12 has been withdrawn. Commissioner Plummer: Thirteen is yours. Vice Mayor Gort: It's been withdrawn. Commissioner Plummer: Thirteen has been withdrawn? Vice Mayor Gort: Yes. The gentleman's not here. Commissioner Plummer: Oh. Commissioner Dawkins: Fourteen, we did. 55 July 11, 199i ---------------------------------------------------------------------------------------------------------------- 15. SECOND READING ORDINANCE: AMEND CODE--CREATE/ESTABLISH THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY BOARD -- PROVIDE FOR COMPOSITION OF MEMBERSHIP/TERMS OF OFFICE/QUALIFICATIONS / DISQUALIFICATIONS / VACANCIES/SUPPORT PERSONNEL / FINANCIAL DISCLOSURE / POWERS AND DUTIES / GRIEVANCE PROCEDURES. Vice Mayor Gort: Fifteen. Commissioner Plummer: Move it. Second reading. Vice Mayor Gort: It's been moved. Is there a second? Commissioner Dawkins: Hold it. For AIDS (Acquired Immune Deficiency Syndrome), yes. OK, no problem. Commissioner Carollo: We're talking about 15 right? Commissioner Dawkins: No problem, 15. Vice Mayor Gort: OK. Call the roll. It's an Ordinance so... Commissioner Plummer: That's an Ordinance. Commissioner Dawkins: Wait a minute, now. Wait, wait. Vice Mayor Gort: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING AND ESTABLISHING THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY BOARD ("HAB") AND SETTING FORTH AND/OR PROVIDING FOR: PURPOSE, COMPOSITION OF MEMBERSHIP, TERMS OF OFFICE, QUALIFICATIONS, DISQUALIFICATION, FILLING OF VACANCIES, SUPPORT PERSONNEL, FINANCIAL DISCLOSURE, FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. 56 July 11, 1996 passed on its first reading, by title, at the meeting of June 13, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11379. 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. ---------------------------------------------------------------------------------------------------------------- 16. (A) VICE MAYOR GORT RECOGNIZES PIERRE ANTOINE BERNIARD, CONSUL GENERAL OF FRANCE. (B) PRESENTATIONS: COMMANDER MICHEL STRAUB, OF THE "FS VENTOSE," DISTINGUISHED VISITOR; LT. COMMANDER XAVIER LARREUR OF THE "FS FRANCIS GARNIER," DISTINGUISHED VISITOR. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Thank you. Before we call Item 16, at this time, I'd like to recognize Piere Antoine Berniard, General Consul for France in Miami. And he's got just... If you're aware, we have two ships that are visiting our City. We have the captains of the ships here. We'd like to make a presentation to them. You all want to come up, please, sirs? Come on up. Commissioner Plummer: Let's do it, guys. Mr. Cesar Odio (City Manager): In French. That's in French. Unidentified Speaker: Bon jour. Vice Mayor Gort: Commissioner Carollo, Commissioner Dawkins As you all know, we get visitors every once in a while, and it's great to have with us these distinguished visitors. They're going to receive the award. And it's Commander Michel Straub, Commanding Officer of the "FS VENTOSE". The City of Miami takes a pleasure in honoring as a distinguished visitor in recognition of the significant accomplishments, and because the City of Miami, Florida is proud to welcome you as a guest, I, as Vice Mayor of the City of Miami, hereby proclaim you as a Distinguished Visitor to the City of Miami. (APPLAUSE) Commander Michel Straub: Thank you, sir, for this splendid gift you give to me. May I offer you a souvenir, as we say in French, of my ship? It's what we call, in French again, une tate de boucke. It's what we use to put at the end of the gunpowder when we are at sea. That is a very peaceful gift. 57 July 11, 1996 Vice Mayor Gort: Thank you very much, sir. (APPLAUSE) Vice Mayor Gort: At this time, we also have the distinguished Commander Xavier Larreur. The City of Miami takes pleasure in honoring Lieutenant Commander Xavier Larreur as a Distinguished Visitor. He is the Commanding Officer of "FRANCIS GARNIER." Distinguished Visitor, in recognition for your significant accomplishments, and because the City of Miami, Florida is proud to welcome as a guest, I, as Vice Mayor of the City of Miami, herewith proclaim you as a Distinguished Visitor in the City of Miami. Thank you for coming. (APPLAUSE) Lt. Commander Xavier Larreur: I want to thank you, as Vice Mayor, and all the citizens of Miami for this welcome. All of my crew and myself are very glad to be here, and I'm not as my gifts are not as supert7owers as "VENTOSE." And I want to give you a little souvenir. It's a little... It's a face of Francis Garnier, who was a famous French explorer. Vice Mayor Gort: Thank you, sir. (APPLAUSE) Vice Mayor Gort: You want to take some pictures? ---------------------------------------------------------------------------------------------------------------- 17. DEFER CONSIDERATION OF FIRST READING ORDINANCE: AMEND SECTION 1 OF ORDINANCE 11337 (CAPITAL IMPROVEMEMTS APPROPRIATIONS) -- ALLOCATE FUNDS ($1,925,000) FOR FIRE -RESCUE VEHICLE ACQUISITION. Vice Mayor Gort: We're on item 16. Commissioner Plummer: Sixteen, I move, with the proviso that the cars that they're ordering have to... Commissioner Dawkins: I move that 16 be deferred. Mr. Mariano Cruz: Oh, deferred. Commissioner Dawkins: And the reason I am deferring it is that on May 25, 1995 - I have the minutes here - Chief Jimenez said, "We will purchase ten rescue vehicles and add those to the fleet." Then I asked... Wait a minute. We got through, confused, we got pumpers, E2 pumpers, we got aerials, we got rescue squads, and now you're telling me you don't need such thing as a paramedic pumper. And I go through, and I asked then, at that time, you declared 17 pumpers surplus and aerial surplus, and now, you're coming back at this date, and you want to buy more pumpers, or whatever, that you declared surplus. Mr. Manager, I'd like for you, and you, alone - I don't need your Chief of Police, your Chief of Fire, and nobody else - to sit with me. I want you to sit with me and explain this to me at your... Mr. Odio: I will. 58 July 11, 1996 I i Commissioner Dawkins: No, no, no. I want you. Mr. Odio: I will. I will Commissioner. Commissioner Dawkins: OK, that's it. Vice Mayor Gort: OK. It's been moved to defer. Commissioner Dawkins: Then we bring it back at the next meeting, even if it's on the 6th... Commissioner Plummer: I second the motion to defer. Vice Mayor Gort: There's a motion to defer and a second. Any further discussion? All in favor state so by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-513 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 16 (PROPOSED FIRST READING ORDINANCE TO AMEND ORD. NO. 11337, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY ALLOCATING ADDITIONAL FUNDING FOR "FIRE -RESCUE VEHICLE ACQUISITION - FY 95- 96 ); FURTHER DIRECTING THE CITY MANAGER TO PERSONALLY SIT DOWN AND EXPLAIN TO COMMISSIONER DAWKINS THE NEED TO PURCHASE FIRE -RESCUE EQUIPMENT, AND THEN BRING THIS MATTER BACK FOR COMMISSION CONSIDERATION AT THE NEXT MEETING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J.L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 59 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 18. DEFER CONSIDERATION OF FIRST READING ORDINANCE: AMEND CAPITAL IMPROVEMENTS ORDINANCE 11337. Commissioner Plummer: Move 17. Mr. Cesar Odio (City Manager): No. Commissioner Plummer: No? Mr. Odio: You might have to... We may have to excuse the 16... Commissioner Carollo: Seventeen. Commissioner Dawkins: Seventeen. Commissioner Plummer: Are you deferring 17? Mr. Grant Sheehan (Public Works Dept.): I need to speak on item 17. After the package had been submitted to you, we reduced... we had received a reduction in the funding. I'm Grant Sheehan, Public Works. Commissioner Plummer: I move to defer. Commissioner Dawkins: I move that this be deferred. You just gave it to us. I second J.L. Plummer's deferral. Commissioner Plummer: I move to defer. Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, all in favor state so by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-514 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED FIRST READING ORDINANCE TO AMEND CAPITAL IMPROVEMENTS ORDINANCE NO. 11337; CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULE CAPITAL IMPROVEMENT PROJECTS AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN FY 1995- 1996). 60 July 11, 1996 i i. f 1 Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J.L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 19. AUTHORIZE ACQUISITIONS OF MICROCOMPUTERS RELATED PERIPHERAL/SOFTWARE/SERVICES--UNDER STATE OF FLORIDA CONTRACT 250-040-96-1 AND METROPOLITAN DADE COUNTY CONTRACT 1059-2/98-OTR-CW AND 1941-2/96-OTR-CW, FOR NET/NEIGHBORHOOD JOBS PROGRAM --ALLOCATE FUNDS ($52,000) FROM CDBG FUNDS AND JTPA TITLE III. Vice Mayor Gort: Item 18, a decision on microcomputers. Commissioner Plummer: Move it. Vice Mayor Gort. It's been moved. Is there a second? Commissioner Dawkins: More computers. Second it. Vice Mayor Gort: It's been moved and seconded. Discussion? Commissioner Dawkins: They're not Motorola computers. Commissioner Plummer: They're Timbuktu. Commissioner Dawkins: OK. Vice Mayor Gort: Is there any further... any discussion? Commissioner Plummer: All right. Call the roll. Vice Mayor Gort: Go ahead, Mr. Cruz. Mr. Mariano Cruz: Yeah. Commissioner Plummer: These are not public hearings. Mr. Cesar Odio (City Manager): This is not a public hearing. Commissioner Plummer: This is not public hearing. 61 July 11, 1996 Mr. Cruz: Hmm? No, what I want to... a point of information there. Mariano Cruz, 1227 Northwest 26th Street. I see that people are buying computers. Who are they buying them from, all right? Because I know a lady that owns a computer place in Dade County, and she would like to be in that gravy train, too. She'd like to pay the bills, pay the taxes and all that. So how she could be part of this, sell to the City, too? Get... Vice Mayor Gort: What you do, the lady in charge... Mr. Cruz: Get me that information and then... Vice Mayor Gort: The lady in charge of procurement is right here. Mr. Cruz: Right. Vice Mayor Gort: She can give you all the information so they can get on the list. Mr. Cruz: Right. Because I see a lot of people are not informed of all those things that are happening, and they pay the taxes that make possible that the City buy all these things. And they talk to me when I drink coffee in the neighborhood, and they want to know how they could get in there. So I want to relay... get some information, and then I'll be able to relay it to them. Vice Mayor Gort: By the way, Mariano, that office is right in our neighborhood. It's right on 14th Avenue and 20th Street. That's where Procurement is located at. Mr. Cruz: Yeah, it... Vice Mayor Gort: So the people in the neighborhood can walk to there. Mr. Cruz: No, no, I don't walk there, because too much garbage in that market there. I can't make it through those barricades there. Vice Mayor Gort: I know. We're trying to get that. Yes, sir. Mr. Odio: By the way, Commissioners, we have NET 9, and they watch NET 9, and we do advertise. Vice Mayor Gort: Let them get together and give us information. Yes, sir. Mr. Manuel Gonzalez-Goenaga: Yes. Mr. Broom -Broom. Remember, new brooms sweep clean. Commissioner Plummer: For a short period of time. Commissioner Dawkins: Until it's worn out. Mr. Gonzalez-Goenaga: Yeah, but I'm old enough. Well, issue number 18, we continue, computers, macrocomputers, minus computers, microcomputers, peripherals, but I wonder, does this Administration have the brains to run these computers? Good question. Vice Mayor Gort: I'm sure they do. We've got a lot of good people who are doing a good job on that. Commissioner Plummer: Call the vote. 62 July 11, 1996 Vice Mayor Gort: Is there any further discussion on this? Commissioner Plummer: It's getting to be a joke. Vice Mayor Gort: Being none, all in favor state, so by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-515 A RESOLUTION AUTHORIZING THE ACQUISITIONS OF MICROCOMPUTERS, RELATED PERIPHERALS, SOFTWARE AND SERVICES FROM VARIOUS VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-96- 1 AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW AND 1941-2/96-OTR-CW, FOR THE NET/NEIGHBORHOOD JOBS PROGRAM IN THE PROPOSED AMOUNT OF $52,000; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG), ACCOUNT NO. 452163-270-799626 ($40,000) AND JTPA TITLE III, ACCOUNT NO. 450290-180- 184076 ($12,000); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 63 July 11, 1996 --------------------------- ------------------------------------------------------- ------------------------------ 20. APPROVE ALLOCATION OF $180,000 FROM 1995 HOPWA GRANT --FOR HOUSING RELATED SERVICES --FOR PERSONS WITH HIV/AIDS OR RELATED DISEASES UNDER HIV/AIDS PLANNING AND MANAGEMENT ORGANIZATION --(SEE LABEL 23). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Nineteen. Commissioner Plummer: I move 19. Commissioner Carollo: On 19, the... Vice Mayor Gort: Is there a second? Commissioner Carollo: The HOPWA (Housing Opportunities for Persons with AIDS) Advisory Board has recommended public hearings prior to allocation. I don't know if we would want to do that instead. Vice Mayor Gort: Do I have a second? Commissioner Carollo: It's what I've been told. Vice Mayor Gort: Excuse me, Commissioner, I need a second. Commissioner Carollo: The HOPWA Advisory Board... Commissioner Dawkins: Second for discussion. Commissioner Carollo: Second for discussion. Commissioner Dawkins: Go right ahead, sir. Commissioner Carollo: The HOPWA Advisory Board had recommended that there be public hearing prior to allocation for those funds. Commissioner Dawkins: Is that your motion? Commissioner Carollo: And I just want to make sure that... Commissioner Plummer: All right, then just add it to the... Commissioner Carollo: I'm reading right now from the backup material that I was given, on page two. It says, in June of 1996, the City's HOPWA Advisory Board recommended to the City Administration, after a duly noticed public hearing, that the HIV/AIDS planning and management organization, HOPWA, be funded in the amount of a hundred and eighty thousand ($180,000) from the 1995 Public Grant Program to provide housing and related services to persons with HIV/Aids, support services through the City Administration. A. Quinn Jones, III, Esq. (City Attorney): That was at the public hearing you previously had. Mr. Odio: We did have the public hearing. 64 July 11, 1996 Commissioner Carollo: And it talks about here, that there be public hearings on it. Now, I just want to make sure that this is their position or not. And if there were... Mr. Odio: We did have a public hearing. Commissioner Carollo: You did have. Mr. Elbert Waters (Director, NET/Community Development): Yes, yes. Mr. Odio: And this is their position and... Commissioner Dawkins: Where was it held? Mr. Waters: It is held at 420... Vice Mayor Gort: Remeber... Excuse me. Remember, Commissioners, that it was up for rental, and then we changed it when you wanted to create some money for buying properties. Commissioner Carollo: Mm-hmm. Commissioner Plummer: No, not "buy." We went from apartments to others, but the proviso was that as long as they were in that property, they could remain, but the minute they vacated the property, it came back to the City. In other words, this is not a give-away. Am I correct in that? Mr. Waters: For 1996, yes, sir. Vice Mayor Gort: Yes. Commissioner Plummer: Wait, wait a minute, wait a minute. Why are you stipulating 1996 only? Mr. Waters: Because that's what it is. It's the current. Mr. Odio: This is the funding. Commissioner Plummer: There's no other funding. Mr. Waters: This is '95, what we're dealing with presently. Your statement pertains to... Commissioner Plummer: My statement should apply to '95, '94, and any other statement... Mr. Odio: This was prior to. These monies were prior. Mr. Waters: This was prior to the action that you proffered. Commissioner Plummer: But we don't control this money? Why is it before us for a vote? Mr. Waters: Well, we do, because we're... Commissioner Plummer: I can add that stipulation to it if I wish. Mr. Waters: You may. 65 July 11, 199f Commissioner Plummer: Absolutely. Commissioner Dawkins: And we will. Commissioner Plummer: And it's done. Mr. Odio: Yeah, but the question was, "Is this recommended by that Board?" Yes. "You want to change it?" Yes. Commissioner Plummer: Sir, if we're, if they're here before me asking me to vote... Mr. Odio: Yes. Commissioner Plummer: ... they are saying to me I have some authority. Mr. Odio: Yes. Mr. Waters: Yes. Commissioner Plummer: All right? My authority says... Mr. Odio: You change it any way you want it. You don't want to award it, fine. Commissioner Plummer: ... that as far as I'm concerned, this is not a give-away... Mr. Odio: No. Commissioner Plummer: ... that they can occupy those premises as long as they're there, but the minute they vacate, it reverts back to the City. Mr. Odio: To you. Yes. Commissioner Plummer: To the City, of course. Mr. Odio: You can... Commissioner Plummer: That's '95 and any other year of funding, that it's there, in place. Mr. Odio: Yes, yes. Commissioner Dawkins: Mr. City Attorney, how do we incorporate that? Because, you see, I'll come back, I'll pick up the minutes, that will not be in the minutes, and they will tell me, "We didn't mean it." Commissioner Dawkins: What difference does that make? How many times do I see stuff on the record? Mr. Jones: We will incorporate it in the agreement. Commissioner Dawkins: Sir? Mr. Jones: We'll incorporate that in the agreement. Commissioner Plummer: That's the best way. 66 July 11, 1996 Commissioner Dawkins: OK. Who draws up the agreement, Mr. City Attorney? Mr. Jones: We do. Commissioner Plummer: That's the individuals. Commissioner Dawkins: All right. Put down a note, please, and that's for '94, '95, or '96. Commissioner Plummer: Any funding. Mr. Jones: Whatever you have. Commissioner Dawkins: Yes, sir. Thank you, sir. Mm-hmm. Commissioner Plummer: Call the roll. Vice Mayor Gort: Okie doke. Mr. Odio: The only thing is they ask that... this has to he in the resolution, that it is retroactive to July 1st, because of the funding mechanism. Commissioner Plummer: I have no problem with the amendment. Vice Mayor Gort: OK. Mr. Odio: The start date is July 1st. Vice Mayor Gort: It's been moved and seconded. Any further discussion? Being none. All in favor state so by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-516 A RESOLUTION, WITH ATTACHMENT(S), APPROVING FUNDS FOR THE HIVJAIDS PLANNING & MANAGEMENT ORGANIZATION (HAPMO), IN THE AMOUNT OF $180,000, FOR THE PROVISION OF HOUSING RELATED SERVICES TO PERSONS WITH HIVJAIDS OR RELATED DISEASES; ALLOCATING FUNDS THEREFOR FROM THE 1995 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT, RETROACTIVE TO JULY 1, 1996, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE PROGRAM. 67 July 11, 1996 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 21. DEFER CONSIDERATION OF AFFORDABLE HOUSING IN COCONUT GROVE/MODEL CITY/EDISON/LITTLE RIVER NEIGHBORHOODS. Vice Mayor Gort: Twenty. Resolution to approve... Commissioner Plummer: I'll ask that that be deferred. Commissioner Dawkins: Why? Commissioner Plummer: Because of what I read in the paper this morning, and I think... Commissioner Dawkins: You know, it's amazing. I mean, I'm going to second your motion, OK? Commissioner Plummer: Yeah. Commissioner Dawkins: You know, Codee comes down here and they get housing, it's fine. Little Havana Development comes down here, they get housing, it's fine. Urban League comes down here, they get funding, it's fine. The City Manager says, that he's getting out of building single-family homes. He says that he can no longer afford it. Then we go out and we find a private developer who's going to do it for a profit, and we do not give it any... we have not given... Mr. Manager? Mr. Manager? Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Dawkins: Have we given these people any start up funds or any fifty thousand dollars ($50,000), like we did the non-profit organizations? Mr. Odio: No, sir. Commissioner Dawkins: These people are doing it on their own. But everybody else who comes before us, they want a handout, and they want you to give them money to help build the houses, and then they tell us, "Oh, we're letting them have the houses at a discount." But when 68 July 11, 1996 you look at what you gave them, you don't come out with a discount. Now, I don't care what J.L. Plummer brings back. I'm sorry, not J.L. Plummer. I will not vote on this Commission to give no more non-profit organizations any money to build affordable housing. Commissioner Plummer: I don't disagree. Commissioner Dawkins: Now, they have gotten all that they can get, and if they cannot compete with the for -profit group and bring a house in at that fair... we don't need them. Now, I'll go along with my brother. Commissioner Plummer: OK. Commissioner Dawkins: And we'll defer this. But at the next meeting, if you defer it any longer, I want the... Mr. Manager, bring back at the next meeting, every housing unit we've got with Urban League. Every housing unit that we have with Little Havana Development. Every housing that we've got with "Le Had" or whatever, "Le Haz", and I'm going to move that we abolish all of it. Commissioner Plummer: Mr. City Manager, I will surrender to you in a memo form the questions that I have on this item, so we can, in fact, vote on it at the next meeting. Vice Mayor Gort: OK. There's a motion to defer and a second. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-517 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 20 (PROPOSED RESOLUTION TO APPROVE IN PRINCIPLE, THE DESIGNATION OF THE HOUSING INITIATIVE GROUP, INC. & PALMETTO HOMES OF MIAMI, INC., AS SPONSOR TO UNDERTAKE THE DEVELOPMENT OF SIXTEEN [16] NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON FOURTEEN [14] CITY -OWNED VACANT PARCELS LOCATED IN THE COCONUT GROVE, MODEL CITY, AND EDISON/LITTLE RIVER NEIGHBORHOODS; ESTABLISHING $92,078 AS THE REIMBURSABLE AMOUNT TO BE PAID BY THE SPONSOR TO THE CITY OF MIAMI) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996; FURTHER DIRECTING THE ADMINISTRATION TO BRING BACK AT SAID MEETING AN ITEMIZATION OF EVERY HOUSING UNIT SPONSORED BY THE URBAN LEAGUE OF DADE COUNTY, LITTLE HAVANA DEVELOPMENT CORPORATION, AND HACAD [Haitian American Community Association of Dade, Inc.]. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J.Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 69 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 22. RECONSIDER --SCHEDULE COMMISSION MEETING OF JULY 25, 1996, TO START AT 9:00 A.M. INSTEAD OF AT 2:00 P.M. ---------------------------- ----------------------------------------------------------------------------------- Mr. Odio: On the next meeting, before... We are beginning to add up, and we were going to start in the afternoon. I want to suggest that we start at nine o'clock in the morning, take care of the... We have 60-some items, regular items. Commissioner Carollo: You're talking on the 25th. Mr. Odio: On the 25th. And then we have Planning and Zoning. If you come in in the afternoon, something is going to give. Commissioner Carollo: No. We got to start at nine in the morning, then, Mr. Manager. I agree. Mr. Odio: Could we change the... Commissioner Plummer: Fine with me. Vice Mayor Gort: I have no problem, you know. Nine in the morning is fine. Commissioner Dawkins: OK. And I'm going to say... Commissioner Plummer: All right. I move item 21. We deferred it. Vice Mayor Gort: It's been deferred. OK. All in favor, state so by saying "aye." The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-518 A MOTION MOTION TO RECONSIDER THE VOTE PREVIOUSLY TAKEN ON RESOLUTION 96-490 REGARDING CHANGE OF MEETING TIME FOR THE CITY COMMISSION MEETING OF JULY 25, 1996, BEGINNING AT 2 P.M. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 70 July 11, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-518.1 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 96-490, ADOPTED JUNE 27, 1996, WHICH RESCHEDULED THE SECOND REGULAR CITY COMMISSION MEETING OF JULY 25, 1996, TO COMMENCE AT 2:00 P.M., THEREBY FURTHER RESCHEDULING SAID MEETING TO COMMENCE AT 9:00 A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Mr. Andy Parrish: Can I just say a point of information? Because I think... Commissioner Dawkins: And I'll say again, I don't understand why it's certain areas in here we can't get no housing going. I don't understand it. Mr. Parrish: There's a confusion there, sir. The confusion is, Wind and Rain is not a not -for - profit. Commissioner Plummer: Excuse me, sir, the matter has been deferred. You can speak to it at the next meeting when the item is taken up. Mr. Parrish: Thank you. 71 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 23. (CONTINUED) -- AT THIS POINT THE CITY ATTORNEY INFORMS THE COMMISSION THAT REVERTER CLAUSE APPROVED UNDER 96-516 (FUNDING ALLOCATION FOR HOUSING RELATED SERVICES FOR PERSONS WITH HIV/AIDS OR RELATED DISEASES) MUST MEET FEDERAL REGULATIONS. ---------------------------------------------------------------------------------------------------------------- A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor. Mr. Vice Mayor. Commissioner Carollo: Mr. Vice Mayor. Vice Mayor Gort: Yes. Mr. Jones: If you can go back to Item 19 for a moment, I just want to issue one caveat. Commissioner Plummer, you made the motion, and you passed, about the reverter interest. Commissioner Plummer: Yes. Mr. Jones: I just have to make sure that it comports with Federal regulations. Because if... Commissioner Plummer: Of course, it does. Mr. Jones.: OK. I just want that, you know... Commissioner Plummer: But, if, in fact, it is contrary to what we have approved here today,... Mr. Jones: You want it brought back? Commissioner Plummer: ... it doesn't matter, it's not approved. It must come back here for further consideration. Commissioner Carollo: Mr. Manager. You made a statement that concerns me. We need to meet before the next meeting and before the next agenda is made on the 25th to go over what items will be on that agenda. So I want to make sure that it's not going to be an agenda that we're going to be here until midnight. Mr. Odio: No, no, no. No. Commissioner Carollo: And if there are too many items there, then we need to schedule another meeting. Mr. Odio: No, no. I'm limited by a number of items I can place, but we have been transferring to July 25th, which is normaly Planning and Zoning, a lot of items, and it's building up. Commissioner Carollo: Well, this is why we need to sit down, because I don't want to be here until midnight, and then hear the statements that, you know, we couldn't finish the meeting in time. Mr. Odio: Yep. 72 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 24. DISCUSSION CONCERNING THE CITY'S FY 96-97 BUDGET DRAFT PROPOSAL --COMMISSIONERS REQUEST TO RECEIVE THE BUDGET PROPOSAL PRIOR TO AUGUST 1, 1996. Vice Mayor Gort: OK. Item 21. Commissioner Plummer: I have a question, Mr. Vice Mayor. Vice Mayor Gort: Yes. Commissioner Plummer: Mr. Manager, when are we getting the budget? It's usually... The policy of this Commission is, it was to be delivered to us by the 15th of July. Mr. Cesar Odio (City Manager): Yes, sir. I cannot this year. And we have had... We've been working in a lot of areas with grants and so forth. I expect that... Mano... we can have... I can tell you right now, advance you this, that there is no millage increase proposed, or any garbage fees, that it's basically the budget that we had this year with some changes. But, I have to... i Commissioner Plummer: But, when are we going to receive it? Mr. Odio: I think it's... by August, sometime in August. Commissioner Carollo: August? Mr. Odio: Yes, sir. The budget book. Commissioner Plummer: It's got to be before the 1st of August, because I want to take a vacation, and I want to take it with me. Mr. Odio: I don't know. Commissioner Carollo: That doesn't give us all that much time to... Commissioner Plummer: Absolutely. Commissioner Carollo: ... to be able to meet, to go... Commissioner Plummer: Absolutely. Commissioner Carollo: ... over what we need to. Vice Mayor Gort: You've got to push it. Commissioner Plummer: Push it to get it by August 1st. Mr. Odio: Right. I'll push it. OK. 73 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 25. (A) AMEND 96-354 WHICH AWARDED BID FOR SUMMER BUS TRANSPORTATION SERVICE TO MANOLO SCHOOL BUS SERVICE-- RATIFY MANAGER'S EMERGENCY ACTIONS RESCINDING SUCH AWARD --INCREASE AWARD OF CONTRACT TO J. BALSERA SCHOOL BUS SERVICE --FOR PARKS AND RECREATION DEPARTMENT. (B) DIRECT ADMINISTRATION TO INCLUDE IN ALL FUTURE BIDDING PROCESSES A PROVISION FOR A PERFORMANCE BOND IN THE AMOUNT OF THE BID AWARD. Commissioner Plummer: I move Item 21, Mr. Vice Mayor. Vice Mayor Gort: Twenty-one. Is there a second? Commissioner Carollo: There's a second on 21. Let me just go over something here. The buses are going to whom, exactly? Vice Mayor Gort: Ms. Carter? Ms. Judy Carter (Chief Procurement Officer): Yes, sir. We are rescinding the previous award made by this Commission at the last meeting... Commissioner Carollo: OK. Ms. Black: ... and requesting approval that the award go to Balsera. Commissioner Carollo: Very good. Commissioner Plummer: Call the roll. Commissioner Carollo: Motion and a second. You need to speak? Vice Mayor Gort: OK. It's been moved and seconded. Mr. Mariano Cruz: Yeah. No. The only thing I want to know, what was the reason of the changes? Vice Mayor Gort: The guy pulled out of the... He committed his buses to some other place. I asked that question. Mr. Cruz: Right. And how much is the difference between the two contracts? Ms. Carter: We have the... Manolo was originally 118. Balsera offered us 150 with a 20 percent discount. Mr. Cruz: OK. I agree with that. Ms. Carter: And Balsera is a local vendor. 74 July 11, 1996 1 Commissioner Dawkins: Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: Why is it - and all of them are my friends - every year, when we put the bus bid out, it's thrown out by Procurement? And then when it comes back, Balsera ends up with all the votes. Now he never... He's the last one to bid. Mr. Cesar Odio (City Manager): Sir, but this... Commissioner Dawkins: He gets his bid in when he finds out what everybody else has bid. Then he goes... I mean then it's rebid, and he comes in and he gets all the busses. Explain that to me. Ms. Black: Carter... Mr. Odio: No, no, this... Vice Mayor Gort: Excuse me. Commissioner Dawkins: No, no, you're not the Manager. Mr. Odio: You awarded the bids to Manolo. Commissioner Dawkins: No, no we did not. OK, go ahead. Ms. Carter: Yes, you did. Mr. Odio: Manolo came back and said he could not do it. So we had to go to the next in line. Commissioner Dawkins: Well, why didn't you put it out for bid again? Mr. Odio: Because we have the summer programs going on right now. Ms. Carter: Well, time is of the essence sir. The busses... We've got to proceed with the service. Commissioner Dawkins: No, no, but every year this happens. Now if you think... Go back Mr. Manager, check the records. You will see every year, Balsera comes in after the fact, we throw out the bids - and he's my friend - he ends up with all of the work, and the other guys don't get any. Mr. Manuel Gonzalez-Goenaga: May I be recognized? Vice Mayor Gort: Yes, sir, go ahead. Mr. Gonzalez-Goenaga: Well, here we are in a different situation. A bid is given, and it's awarded. And then this guy takes, this Manolo - and that's not Manny Broom -Broom - says to this Commission, "What the hell, I don't give a damn." But,... Vice Mayor Gort: Excuse me. Mr. Gonzalez-Goenaga: No, no. We must make him... 75 July 11, 1996 Vice Mayor Gort: Excuse me, sir. Mr. Gonzalez-Goenaga: No, no, no, look, Mr. Gort. Vice Mayor Gort: Yes. Mr. Gonzalez-Goenaga: Look, this is a serious business. You must operate the City as if it were your own private business, and your own private money. Vice Mayor Gort: That's correct. Mr. Gonzalez-Goenaga: If he wins a bid, and he doesn't show, we must sue him to make him comply, or then Balsera must be given the same price of the lower bid. No hanky-panky monkey business that we have had enough for too many years, at least ten. Vice Mayor Gort: Thank you, sir. Judy, will you explain again to the Commission and everybody so they understand... Ms. Carter: Yes, sir. Vice Mayor Gort: ... what happened with this? Commissioner Plummer: He just did. Vice Mayor Gort: Well, I want her to explain it again so they'll understand it. Ms. Carter: Yes. For the record, and especially for the citizens of Miami, this City Commission was presented at the last Commission meeting recommendations to award bid for summer bus transportation to Manolo. Unfortunately, after the award, Manolo advised us that due to the period of time from the opening of the bid and the point when the Commission approved it, that they were in a position to commit those busses to some other project. In addition to that, we determined that Manolo was not able to verify to us that they were, in fact, local vendors. As a result of that, recognizing the need to award this contract immediately for the services that were needed for the summer , we chose to come before this Commission, ask that the contract be rescinded appropriately, and then to recommend that the bid go to the next lowest bidder, which is Balsera Bus Services. Commissioner Plummer: You know how to avoid that in the future, and on all of your bids? A performance bond. Commissioner Dawkins: Right. Commissioner Plummer: And if they can't perform, we get the bond, and we get the money. So Mr. Vice Mayor, at this time, I would recommend that in all future bidding processes that they demand, the City demand a performance bond in the effect of the amount of money of which they said that they're going to receive. Mr. Odio: Let me, let me warn you that, sounds good, but there's too much... Ms. Carter: It's costly. Mr. Odio: Excuse me. Some of the,... Vice Mayor Gort: The biggest problem is a lot of the small business cannot afford to bid. 76 July 11, 1996 Mr. Odio: There are some small companies that cannot afford or will not be sold performance bonds. Vice Mayor Gort: Yes, Mr. Dawkins. Commissioner Dawkins: Mr. Manager, we do this every year. Commissioner Plummer: If you ran a company like this, you'd go broke. Commissioner Dawkins: And I cannot understand why, at the last minute, a company backs out, and we have not did a background check to determine before we award the bid that the company is capable of performing. That the company can perform, and that the company will perform. After we award the bid, the guy comes in and says he can't perform. That means we did not follow through and check him out to see whether he was legit. Mr. Odio: Can I tell you even more, Commissioner? Vice Mayor Gort: Excuse me. Miller, I'm going to step down for a minute. Will you take over, please? Mr. Odio: This company, Manolo, came to protest. Remember, they were fighting? Ms. Carter: Yes, they were... Mr. Odio: Because we... At one point, I was going to through out all bids. And... Commissioner Dawkins: Yeah, we did. We had three. We had three. Didn't we have three, Mrs. Judy Carter? Ms. Carter: Yes. Mr. Odio: And he came in here fighting, that we couldn't do that, that he was the lowest bidder. Commissioner Dawkins: We had three, and you threw them out. You had three; you threw them out; you came back with two. Mr. Odio: That's right. Commissioner Dawkins: Those two got together and the guy said, "I can't do it," and then you got one. OK? But the other guy... Ms. Cater: No we came... We returned with three bidders. Commissioner Dawkins: OK, that's all right, no further questions. Commissioner Plummer: Call the roll. Commissioner Dawkins: Call the roll. Whatever. Mr. Foeman: I need a seconder. Commissioner Plummer: Yes. 77 July 11, 1996 Mr. Foeman: You moved it, Commissioner. Commissioner Plummer: I moved it, yes. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-519 A RESOLUTION RELATED TO RESOLUTION NO. 96-354, ADOPTED MAY 23, 1996, WHEREBY BIDS WERE ACCEPTED FOR THE FURNISHING OF SUMMER BUS TRANSPORTATION SERVICE FOR THE DEPARTMENT OF PARKS AND RECREATION; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY ACTIONS IN RESCINDING THE AWARD OF CONTRACT TO MANOLO SCHOOL BUS SERVICE AND INCREASING THE AWARD OF CONTRACT TO J. BALSERA SCHOOL BUS SERVICE; FURTHER AMENDING RESOLUTION NO. 96-354 TO REFLECT SAID ACTIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J . L. Plummer NAYS: None. ABSENT: Vice Mayor Gort ----------------------------------------------------- ---------------------------------------------------------- 26. ACCEPT GRANT FOR $400,000--FROM FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES --FOR RESTORATION OF VIRRICK GYM. Commissioner Plummer: I move 24. And they're giving us money. I accept it real fast. Commissioner Carollo: Oh, yeah. I wouldn't want you... Mr. Manuel Gonzalez-Goenaga: No complaint. Commissioner Dawkins: Joe seconds. Commissioner Plummer: Call the roll. Commissioner Dawkins: Call the roll. 78 July 11, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-520 A RESOLUTION, ACCEPTING A GRANT IN THE AMOUNT OF $400,000 FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, FOR THE RESTORATION OF THE U.S. COAST GUARD AIR STATION AT DINNER KEY, ALSO KNOWN AS VIRRICK GYM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF STATE FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer NAYS: None. ABSENT: Vice Mayor Gort 79 July 11, 1996 -------------------- ------------------------------------------------------------------------------------------- 27. ACCEPT GRANT FOR $500,000--FROM FLORIDA DEPARTMENT OF STATE, DIVISION OF CULTURAL AFFAIRS --FOR REHABILITATION OF THE TOWER THEATER. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Likewise, 25, they're giving us money. Accept it in a hurry. Commissioner Dawkins: Joe seconds. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-521 A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $500,000 FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF CULTURAL AFFAIRS, FOR THE REHABILITATION OF THE TOWER THEATER LOCATED IN "LITTLE HAVANA ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF STATE FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer NAYS: None. ABSENT: Vice Mayor Gort NOTE FOR THE RECORD: Vice Mayor Gort enters the Commission Chamber at 10:59 a.m. 80 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 28. AMEND SECTION OF RESOLUTIONS 77-482, 89-217 AND 93-285--LIMIT TO ONE (1) YEAR OR UNTIL NOMINATING COMMISSIONER LEAVES OFFICE, THE TERMS OF COMMITTEE MEMBERS. (Committee on Beautification and Environment, Commission on the Status of Women, Tax - Exempt Property Steering Committee) Vice Mayor Gort: Where are we at? Commissioner Dawkins: Twenty-seven, Mr. Mayor. Commissioner Plummer: Twenty-seven, right now. Commissioner Dawkins: Mr. Vice Mayor, 27. Thank you. Vice Mayor Gort: Twenty-seven, thank you. Commissioner Plummer: I move 27. Commissioner Dawkins: I don't know what it is, but you all can have it. Commissioner Plummer: This is the one-year terms for anybody or at the succession of the Commissioners' terms. Commissioner Dawkins: Second. Joe seconds. Vice Mayor Gort: What happened to 25 and 26? Commissioner Plummer: Passed. Of course, accepting money, you're damn right it passed. Vice Mayor Gort: OK, 27. Commissioner Plummer: I move 27. Vice Mayor Gort: Moved and seconded. Commissioner Dawkins: Mm-hmm. Vice Mayor Gort: Discussion? Commissioner Plummer: Call the roll. Commissioner Dawkins: No. Vice Mayor Gort: No, you don't need to call the roll on this. This is a resolution. All in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. 81 July 11, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-522 A RESOLUTION RELATED TO THE TERMS OF OFFICE OF THE MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT, THE MIAMI COMMISSION ON THE STATUS OF WOMEN AND THE TAX-EXEMPT PROPERTY STEERING COMMITTEE, TO PROVIDE THAT THE MEMBERS OF SAID BOARDS SHALL SERVE FOR A TERM OF ONE (1) YEAR OR UNTIL THE NOMINATING COMMISSIONER LEAVES OFFICE, WHICHEVER OCCURS FIRST; MORE PARTICULARLY, BY AMENDING SECTION 7 OF RESOLUTION NO. 77-482, SECTION 1 OF RESOLUTION NO. 89-217 AND SECTION 3 OF RESOLUTION NO. 93-285; PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 29. (A) DISCUSS CLAIM SETTLEMENT: ANAIS AURORA BADIA ($250,000)--COMMISSIONER CAROLLO REQUESTS THE ADMINISTRATION TO CONSIDER THE LIABILITY THAT EMPLOYEES MAY CAUSE THE CITY THROUGH THEIR WORD PERFORMANCE ACTIONS. (B) DISCUSSION CONCERNING PUBLIC OUTBURSTS --DIRECT MANAGER TO MEET WITH COMMISSIONERS INDIVIDUALLY TO DISCUSS MEASURES TO CONTROL HARRASSMENT BY THE PUBLIC DURING COMMISSION MEETINGS. Vice Mayor Gort: Twenty-seven A. Commissioner Dawkins: Twenty -seven -A. I've got a problem with 27-A. Commissioner Plummer: Then defer it. A. Quinn Jones, III, Esq. (City Attorney): If you have a problem, you know... Commissioner Dawkins: No, not 27-A, I don't have a... Yeah, 27-A, I got a problem with it. 82 July 11, 1996 Mr. Jones: Commissioner, if you have a problem, it's up to you. The only reason this was put on is because we're in the process of getting ready to go to trial. I have an obligation to you to tell you what the down side of going to trial is. It's your decision as to whether you want to accept the proposed settlement. So by the Code of Ethics I have to convey it to you. If you don't want to accept it, just vote, don't take any action on it. Commissioner Plummer: Quinn, let me tell you my problem. As I explained to the young lady that came to see me this morning, you've had the benefit of two years of depositions. You've had the benefit of everything that's taken place for two years. Last Friday, you hit us with this in an agenda item, and you expect us to be as prepared to make recommendations and to vote without the benefit of the two years that you've had. And I think, to come up here and say to us, "Here, it's deadline day, you've got to move or lose it," is wrong. Now, I'm not arguing the text of the case. Mr. Jones: Yeah. Commissioner Plummer: Because the very simple thing that I was told, I would most likely have to vote not to authorize the payment. Mr. Jones: Yeah. Commissioner Plummer: My gripe this morning is, you can't expect us, non -lawyers, to sit up here and to intelligently vote on something we've had for a couple of days that you have had for two years. That's my only statement. Mr. Jones: Commissioner, I understand what... your point. But the one thing that maybe you don't understand and the other Commissioners don't understand, under the court rules, there's required mediation. In Federal court, the judges set their own calendars. The reason we came to you with this is because that's when it was approved. And we made an agreement with the judge that the earliest the City Commission could consider it would be this meeting. That was just done last week. So, you know, I was obligated by the court to at least get this to you to consider it. And as I indicated to you, if you can't... And I apologize for the shortness. I mean I tried to get meetings arranged as quickly as possible; and you're absolutely right that I've had the full benefit of it, and all I can do at this point is give you my best, best guesstimate of where we go with it. Commissioner Plummer: So what you're saying is, if we don't take any action, then you proceed? Mr. Jones: We'll proceed with the trial. Vice Mayor Gort: Commissioner Dawkins. Commissioner Dawkins: On the first page, Mr. Jones... Mr. Jones: Yes. Commissioner Dawkins: ... it says, "A massive report, more than 500 pages, completed and recently released by the City's own Equal Opportunity Office, supports the Plaintiff's allegations regarding the work environment." I have not seen the 500-page report. Where is it? Mr. Jones: Commissioner, I'll be glad to share it with you. 83 July 11, 1996 Commissioner Dawkins: I have not seen it. Mr. Jones: You know, I haven't read it in its entirety, either. You know, I mean, again the only thing I can tell you, that's perhaps the most damning evidence in the case. And you should also be aware, this is a civil rights case, it's open-ended liability. If they recover one dollar, they're entitled to attorney's fees. Right now, the attorney's fees could run as high as two hundred thousand dollars ($200,000) or more, so... Commissioner Dawkins: Running right now? That's what we owe right now? Mr. Jones: If Plaintiff... If we proceed to trial and the plaintiff recovers on the civil rights claim one dollar ($1), their attorneys' will be entitled to their attorneys' fees. Commissioner Carollo: I will say this, and I will, unfortunately have to limit what I say, because we most likely will be going to court, from what I'm seeing that is the opinion of all of this Commission. But, you know, we cannot stand here any longer and receive information at the last minute from the Administration, from the Law Department. And at the same time, when we have a case like this, whether we win or lose them, that no one has any responsibility. It seems the only people that have to share the responsibility are the ones that are sitting up here, and we had nothing to do with cases such as this. I understand that in this case, the employee that's alleged to have done certain things is no longer an employee. But nevertheless, his supervisors or supervisor is. I'll tell you this, that as far as this Commission is concerned, each case that we get before us from now on, somebody is going to have to pay for it besides the Commissioners up here. If they are employees that have committed a mistake, and its going to cost the City money, then those employees are going to have to pay the price, one way or another. But we can no longer have situations like this where names are not brought out, that no one is reprimanded, no one is dealt with the way that a normal corporation, or frankly, a normal major city would deal with them, and that the people that keep getting the blame are the members of this Commission. And since I've been here alone, I've been seeing millions of dollars that we've had to pay out in numerous different cases. This has got to stop. Because no matter what we do to bring new revenues to the City of Miami, it doesn't matter, if it's coming in one hand and going out the back door, in cases such as these. Vice Mayor Gort: Yeah. This is something that we've been discussing for quite a bit now, and we've always said there's got to be more training with the Law Department working very closely with the Director and with the Manager to make sure that these things don't happen again. And when something like this happens, I agree with Joe, somebody's got to be responsible for that. At the same time somehow, we've got to avoid that these things continue to happen. Mr. Jones: Well, Commissioner, let me just say this, in my defense, because again... Vice Mayor Gort: Quinn, Quinn, we're not attacking you. I understand you. Mr. Jones: OK, because, I mean, because that's the way it always comes across. I cannot... Vice Mayor Gort: No, no, no. Mr. Jones: I cannot control what these employees do. We give seminars, we give workshops. Now, beyond that I can't do anymore. OIL? Commissioner Plummer: Well, you can't, but let me tell something. This Commission can tell the City Manager, we want the people responsible out, so that it doesn't happen again. Mr. Odio: Let me... 84 July 11, 1996 Commissioner Plummer: And we can set a policy to that effect. Mr. Odio: If you want me to explain what happened, I can tell you what happened. Commissioner Plummer: I'm not speaking to this particular issue. Commissioner Carollo: Well... Commissioner Plummer: I'm just saying what Joe is saying is, is that somebody goofed, and somebody made a mistake, and that somebody should pay for their mistake. Mr. Odio: Let me put it this way. Commissioner Carollo: Mr. Manager, if I may, sir. I'm sorry to interrupt you, but let me just caution all of us to be careful of what we say. Vice Mayor Carollo: Yeah. Commissioner Plummer: I'm not talking to this issue. Commissioner Carollo: So that nothing that is said here could then be used against us in court. Mr. Odio: I hope our deposition will be released when that case is over because, I'm telling you, sometimes I wonder why... Well, I better not say anything. Commissioner Plummer: No action. Vice Mayor Gort: OK. Mr. Manuel Gonzalez-Goenaga: Sometimes... Commissioner Plummer: Move on to the next one. I move... Mr. Gonzalez-Goenaga: May I, may I address the Commission with this? Mr. Odio: Not related to this case, not related to this case. Sometimes I wonder if, you know, we get stuck with people and you try to change personnel around and try to eliminate personnel. It's got nothing to do with this. Commissioner Carollo: Yeah. Mr. Jones: You got labor agreements. Commissioner Plummer: Yeah. Mr. Odio: And we end up in court. Commissioner Carollo: Yeah, but see, we get stuck with people, because we can't hire and fire but you don't. You're the one that can hire and fire. Mr. Gonzalez-Goenaga: Correct. You are correct. You are absolutely correct. Commissioner Plummer: Mr. Vice Mayor, before we take up item 28, I think... 85 July 11, 1996 Mr. Gonzalez-Goenaga: No, no. I'm... Vice Mayor Gort: No, we've got to finish 27-A. Mr. Gonzalez-Goenaga: 27-A. Commissioner Plummer: It's... There's no action on it. Mr. Gonzalez-Goenaga: Wait. Vice Mayor Gort: Excuse me. Commissioner Plummer: There's no action on it. Mr. Gonzalez-Goenaga: My input. Commissioner Plummer: There is no input. Vice Mayor Gort: Before you can give input, I need something from the Commission. Commissioner Plummer: There's no action. It's a non -action item. Mr. Cruz: In other words, he's going to go to court. Commissioner Plummer: The City Attorney will make that determination. Vice Mayor Gort: State your name and address, sir. Mr. Cruz: My name is Manny "Broom -Broom" Gonzalez-Goenaga. In addition, let me tell you folks... and I am a kind of an experience, I have aged a lot. I'm 58 years old, and I come from a family of lawyers, and I have to dealt a lot with lawyers in this town. I am not blaming the City Attorney in this case. When you have cancer, and you go to the doctor, you try to "extirpar el cancer," the crux, the real cost. And when we have a City Manager, an uneducated City Manager, in comparison with these things, that governs by repression, just like Mr. Castro in Cuba, that governs by ass -kicking tactics... Vice Mayor Gort: Excuse me, excuse me, stick to the issue. Commissioner Dawkins: Wheee. Commissioner Plummer: What in the... Mr. Gonzalez-Goenaga: Well, let's go after the top, not the bottom. Let's clean up this management, and let's have honesty, morality, integrity in the City Manager. Commissioner Plummer: What in the hell has that got to do with what we're... Mr. Gonzalez-Goenaga: It's got to do, because it's rotten from the top down. Vice Mayor Gort: OK. Thank you. Commissioner Plummer: But this is getting to be ridiculous. July 11, 1996 Vice Mayor Gort: OK. That's, unfortunately, that's the way you have to do it. Yes, sir. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. The first I've heard about this case was when I read the agenda. I remember. Mr. Odio: I need to say something. Mr. Cruz: I remember... Mr. Odio: I am not... Vice Mayor Gort: Let Mariano finish and then you (?) Mr. Odio: No, no, no. I don't want to hear any more. I do not intend to sit here and be insulted anymore. Now, the next time he'll hear from me, he won't like it. I will tell you this, and I'll tell the public of this. I have taken enough. I get paid a salary to do the best that I can. I do not get paid to be insulted by a man that doesn't even pay taxes. Now, I don't mind from my taxpayers that I have to work for them, but somebody that doesn't pay taxes, that all he's doing is creating problems for this Commission and creating problems for all, I do not intend to sit here and be insulted by him anymore. Commissioner Plummer: Mr. Vice Mayor, we have got to come up with some kind of a policy. We cannot continue to labor in this vineyard in the manner in which we are going. Now, something has got to be done. And what I might suggest, is that the City Manager look into having the day before Commission meeting, where they have briefings for our people, for our staff, anyone of the public who wants to go to a briefing can go and ask their questions at that briefing. Mr. Odio: Commissioner, you're talking about.. Commissioner Plummer: But to sit here... Mr. Odio: ... people in good faith. This man is not in good faith. Vice Mayor Gort: Commissioners, excuse me, excuse me a minute. Commissioner, even if you have the briefings, I think this gentleman will come here and will discuss. We've got to take it, either not allow him to talk... Commissioner Plummer: But, but, OK,... Vice Mayor Gort: ... or all of us could vote on not allowing him to speak, and that's it. Commissioner Plummer: If that's the case, then they only get to speak in public hearing. Vice Mayor Gort: My understanding is, in past meetings that we've had here, I asked the question of the City Attorney, and the City Attorney asked me did I... that they could be removed. But they can be brought back if the Commissioners vote for it. Commissioner Carollo: The only thing that I would just like to say for the record, that there are a lot of things that many of us hear in this chamber that we do not like, we might not agree with, but the bottom line is that if anyone has to behave with decorum, it's our members of this Commission, and employees of the City. Mr. Manager, I certainly understand how you feel sir. 87 July 11, 1996 Mr. Odio: And I have. Commissioner Carollo: If anyone from the public wants to act differently, there are some things that we can do. Some that we cannot do according to the laws, because we are a country and a City of laws, but all of us, I would advise, keep our posture and deal with whatever is said against any of us with the decorum that I think the public expects us to have. Mr. Odio: I have sir, but I think that there is such a thing as a fine line. I think that some people cannot abuse the fact that we are public officials. Just because I am a public official, he's getting away with things that he would not do if I was not. I don't think that's fair, either. Commissioner Carollo: Mr. Manager, I would suggest this. I'd be happy to meet with you, one on one, and discuss with you some of the ideas that I have of how we can go about in bringing the meetings. I suggest you do the same with the other members of the Commission so that you can communicate with each of us, since we cannot do it between ourselves unless it's done in public. Mr. Odio: I need to... Commissioner Carollo: And I think we can find a solution... Mr. Odio: I need to say this. I don't... Commissioner Carollo: ... that would be fair to the public, but at the same time, will move meetings along quicker for this Commission. Mr. Odio: I don't mind being criticized. I know everybody has an opinion on how you should do things. If you deal with the issues, I have no problem. They... Vice Mayor Gort: When it gets to a personal issue, then it's different, now. Mr. Odio: But when you start dealing into personal issues, and personal offenses, there is a line somewhere here. Vice Mayor Gort: Now, my understanding is we have put a disclaimer on our agenda that if anybody is out of order, we can go ahead and get them out of here. Not only... it would take a majority of the Commission to listen to him. Commissioner Carollo: Mr. Vice Chairman... Commissioner Plummer: Here, it's right here now, on the front. Commissioner Carollo: ... you are Chairman of this Commission, and I will support you in any decision you make as Chairman. Vice Mayor Gort: OK. Thank you, sir. Yes, sir. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. And the reason that I've been coming to every meeting, and to answer Mr. Plummer there, where he's so concerned about me being here, because I didn't... stopped getting the agenda from that... Commissioner Dawkins make a motion at the budget hearing, and he couldn't even get a second, about mailing the agenda to us. But before, I used to come maybe once or twice a year here, budget time. 88 July 11, 1996 Mr.Odio: Commissioner... Mr. Cruz: And I used to receive the agenda... I am talking now. Vice Mayor Gort: Let him finish. Mr. Cruz: I used to receive the agenda, and check items, and maybe come here or whatever, of make a phone call. But since I don't get the agenda, I get it right there in the morning, so I have to come here, I have to ask for a day off and check, and I check everything in here. And this.. I'm checking the two hundred and fifty thousand dollars ($250,000), because they are giving me a penalty of three pennies. Each month, 1 don't pay the service charge or the fee, because 1 didn't know anything about the service charge. Well, how many service charge could do with that? Eighty thousand? Eighty some thousand service charge, with two hundred fifty thousand dollars ($250,000)? Look at that, at three dollars ($3) each. So you can see, I'm not going to be subsidizing all these settlements with that now. And remember, I knew Mrs. Badia, when she came in 1987 or '88, and she was being taken around. She comes with a big Master's degree of whatever talking to... She is the Assistant Public Works Director, and she's being groomed when Don Cather retires, she will be there. Then Dr. Prieto, Prieto Portal came, and I say... Tc me, she was still working in there, in the Public Works some place. But now, I don't see. And 1 see this, and I don't know what really happened to her. Because if this is the case, two hundred and fifty thousand ($250,000), what about the two other pending labor cases we have on civil rights? The case of Rafael Rosas-Capestani and Geraldo Lopez -Morales? Commissioner Plummer: Mr. Vice Mayor, do you know that this is going to be in the transcript,, against the City in a Federal court suit? Vice Mayor Gort: Right. Commissioner Plummer: And I think that it should be very clearly expressed that the expressioi of Mr. Cruz is solely his opinion, and not necessarily factual. Mr. Cruz: Right. That's my opinion. Commissioner Plummer: Now you know, you're going to be giving a quarter of a millio dollars away if you keep going like your going. Mr. Cruz: Naw. Commissioner Plummer: Yes. Vice Mayor Gort: OK. Go ahead. Commissioner Plummer: Yes. Vice Mayor Gort: You've got two seconds. Go ahead. Excuse me, J.L. Mr. Cruz: No, but remember that the other case is pending, too. Because all the cases have be treated with parity. What about the Geraldo Lopez -Morales case? What about Rafael Rc Capestani , too? They're pending, too. I will be paying... Vice Mayor Gort: Thank you, Mariano. Mr. Cruz: ... umpteen millions of dollars, too? 89 July 11, 19, Vice Mayor Gort: Thank you, sir. Mr. Cruz: That's our money. Vice Mayor Gort: OK. What's the wish of this Commission to... Commissioner Plummer: No action, Willy. Vice Mayor Gort: No action? Commissioner Plummer: No action. Commissioner Carollo: No action. Vice Mayor Gort: OK. END OF DISCUSSION -- NO ACTION TAKEN ----------------------------------------------------------- ---------------------------------------------------- 30. (A) DEFER CONSIDERATION TO APPROVE OFF STREET PARKING ANNUAL BUDGET --SCHEDULE TO BE HEARD SIMULTANEOUSLY WITH OTHER DEPARTMENTAL AND AGENCY REQUESTS AT REGULAR BUDGET REVIEW TIME. (B) COMMISSION INSTRUCTS MANAGER TO PREPARE A RESOLUTION EXPRESSING CONDOLENCES TO CLARK COOK, DIRECTOR OF OFF-STREET PARKING, ON THE DEATH OF HIS MOTHER, MRS. MINNIE MAE COOK. Commissioner Plummer: Mr. Vice Mayor, prior... Vice Mayor Gort: Twenty-eight. Commissioner Plummer: Prior to hearing item 28, I think it should be for the record and express the condolences of this Commission. Mr. Clark Cook's mother passed away last night in i Atlanta, Georgia, and as such is the reason he is not here today. And I would move first and foremost that we express in the normal way that we do, our condolences to him and to his family j at the passing of his mother. I so move. Commissioner Dawkins: Second. Vice Mayor Gort: Second. Commissioner Carollo: Second. Commissioner Dawkins: Well, I had questions for him so... Vice Mayor Gort: All in favor state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. 90 July 11, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-523 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO CLARK COOK, MEMBERS OF THE FAMILY AND FRIENDS OF MINNIE MAE COOK, UPON HER UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo AYES: Commissioner Miller J. Dawkins AYES: Commissioner J. L. Plummer Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Dawkins: OK. I move that this be deferred until the next meeting when Cook can be here, because I do have some... Commissioner Plummer: So be it. Commissioner Dawkins: ... questions concerning it. Vice Mayor Gort: OK. Commissioner Carollo: So be it. NOTE FOR THE RECORD: At this point, Agenda item 28 was deferred. Commissioner Plummer: Thirty. Vice Mayor Gort: Twenty-nine. Commissioner Plummer: Thirty. Commissioner Carollo: In fact... Vice Mayor Gort: It's deferred. Commissioner Carollo: Can we bring this item up, instead of to the next meeting, until we have the normal procedures where we going to approve the whole budget? If we bring it jointly with all of the other agencies... 91 July 11, 1996 Vice Mayor Gort: Other budgets. Commissioner Plummer: Yeah, sure, sure. Commissioner Carollo: ... in our budget. Commissioner Plummer: Sure. Commissioner Carollo: It really should be together when we deal with it. Vice Mayor Gort: Does the Off-street Parking, I don't remember - have any reason why they have to be in... Commissioner Plummer: In advance? Vice Mayor Gort: ... in front of us in advance? Mr. Manager? The Off-street Parking, is there any reason it has to be approved in advance from all the other budgets? Mr. Odio: No. You can... Commissioner Plummer: Commissioner Carollo is saying bring it up when you bring all the rest of the budgets up at the same time. Commissioner Carollo: Yeah, but bring it all together. That's the way we've always done it. Vice Mayor Gort: OK. ---------------------------------------------- -------------- ---------- ------- ------- ---------------------- 31. AUTHORIZE PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR POLICE DEPARTMENT --ALLOCATE FUNDS ($150,000). Vice Mayor Gort: Thirty. Commissioner Plummer: I move thirty. Commissioner Dawkins: Thirty, move to defer it. Commissioner Plummer: Defer it? Commissioner Dawkins: Yes. Commissioner Plummer: OK. Commissioner Dawkins: They told me... Commissioner Plummer: Deferred. Commissioner Dawkins: Wait. Yes. And the reason I'm deferring it, you told me the last time you discussed this that you were going in training... 92 July 11, 1996 Commissioner Plummer: At Dade Junior. Commissioner Dawkins: ... and you were training people to do this; am I correct? Captain Joseph Longueira (Deputy Cmdr., Police Support Svcs.): Commissioner, we did, if I can report on that. Commissioner Dawkins: All right. Now, if you... Correct. If you train them, you do not need to go out and spend a hundred and fifty thousand dollars ($150,000) with an outside agency. Capt. Longueira: Commissioner, if I could report on that and just tell you... Commissioner Plummer: Well, excuse me. If the matter is going to be deferred, it's going to be deferred. Commissioner Dawkins: That's all. Thank you. Vice Mayor Gort: All in favor state so by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-524 A MOTION TO DEFER AGENDA 30 (PROPOSED RESOLUTION TO AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, WITH INDIVIDUALS TO PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $150,000). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J.L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 93 July 11, 1996 ------------------------------------------------------- -------------------------------------------------------- 32. ACCEPT BID: BEST'S MAINTENANCE & JANITORIAL SERVICE, INC.-- FOR JANITORIAL SERVICES-- FOR POLICE DEPARTMENT --ALLOCATE FUNDS ($129,328). Commissioner Plummer: Move thirty-one. Vice Mayor Gort: Thirty-one. Commissioner Carollo: Second. Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Commissioner Plummer: I vote yes. Commissioner Carollo: Second. The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-525 A RESOLUTION ACCEPTING THE BID OF BEST'S MAINTENANCE & JANITORIAL SERVICE, INC., A FEMALE/DADE COUNTY VENDOR, FOR THE FURNISHING OF JANITORIAL SERVICES, IN AN ANNUAL AMOUNT OF $129,328, FOR THE ADMINISTRATION BUILDING OF THE MIAMI POLICE DEPARTMENT FOR A ONE (1) YEAR PERIOD WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE FY '95-96 OPERATING BUDGET, ACCOUNT CODE NO, 290201-775; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND THEREAFTER TO EXTEND THIS CONTRACT FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICES, TERMS AND CONDITIONS, PURSUANT TO BID NO. 95-96-068, SUBJECT TO THE AVAILABILITY OF FUNDS. 94 July 11, 1996 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ------------------------------------------------------------ --------------------------------------------------- 33. ACCEPT BID: CLUB CAR, INC.--FOR LEASING OF SEVENTY (70) GOLF CARS AND FOUR (4) UTILITY VEHICLES --FOR DEPARTMENT OF PUBLIC WORKS --TWO (2) GOLF CARS FOR DEPARTMENT OF ASSET MANAGEMENT --ALLOCATE FUNDS ($50,176.56) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Thirty-two. Commissioner Dawkins: Move it. Commissioner Plummer: Second. Vice Mayor Gort: Its' been moved and seconded. Discussion? Being none, all in favor state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. 95 July 11, 1996 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-526 A RESOLUTION ACCEPTING THE BID OF CLUB CAR, INC. A NON- MINORITY/NON-LOCAL VENDOR, FOR THE LEASING OF SEVENTY (70) GOLF CARS AND FOUR (4) UTILITY VEHICLES TO THE DEPARTMENT OF PUBLIC WORKS TO BE USED AT THE MIAMI SPRINGS GOLF COURSE, AND TWO (2) GOLF CARS TO THE DEPARTMENT OF ASSET MANAGEMENT TO BE USED AT THE MIAMI RIVERSIDE CENTER FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS AT A TOTAL PROPOSED ANNUAL AMOUNT OF $50,176.56; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF PUBLIC WORKS, ACCOUNT NO. 580203-610 ($48,913.68) AND THE DEPARTMENT OF ASSET MANAGEMENT, ACCOUNT NO. 921135-610 ($1,262.88); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICES, TERMS, AND CONDITIONS PURSUANT TO BID NO. 95-96-078, AND SUBJECT TO THE AVAILABILITY OF FUNDS. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Thirty-three. Commissioner Plummer: It's been deferred hasn't it? Mr. Cesar Odio (City Manager): Yes, withdrawn. Commissioner Plummer: Withdrawn. 96 July 11, 1996 ---------------------------------------------------------------- ------ - 34. GRANT REQUEST BY HUGHES COVE OWNERS ASSOCIATION, INC. ("THE ASSOCIATION") TO INSTALL AN IDENTIFICATION SIGN FOR THE HUGHES COVE SUBDIVISION: NORTHERLY SIDE OF DEVON ROAD EAST OF MAIN HIGHWAY. Vice Mayor Gort: Thirty-four. Commissioner Dawkins: What is this Mr.... Commissioner Plummer: I don't know why we would have any objection to this. Commissioner Dawkins: I don't... what is it? Mr. Cesar Odio (City Manager): But it has to be done by you. Commissioner Carollo: Move, move. Commissioner Dawkins: OK. Move it. Commissioner Plummer: Second. Vice Mayor Gort: It's been moved and seconded. Any further discussion? Be it none, all in favor state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 96-527 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE REQUEST OF HUGHES COVE OWNERS ASSOCIATION, INC. (THE "ASSOCIATION") TO INSTALL AN IDENTIFICATION SIGN FOR THE HUGHES COVE SUBDIVISION WITHIN THE DEDICATED PUBLIC STREET RIGHT-OF-WAY ON THE NORTHERLY SIDE OF DEVON ROAD EAST OF MAIN HIGHWAY, MIAMI, FLORIDA, SAID APPROVAL CONTINGENT UPON THE ASSOCIATION (1) ASSUMING ALL COSTS FOR THE DESIGN, MANUFACTURE, INSTALLATION, MAINTENANCE, AND RELATED INCIDENTAL EXPENSES FOR SAID SIGN; AND (2) EXECUTING A COVENANT RUNNING WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 97 July 11, 1996 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 35. AUTHORIZE MANAGER TO ISSUE REQUEST FOR PROPOSALS ("RFP") -- TO INDIVIDUALS / CORPORATIONS/LEGAL ASSOCIATIONS j INTERESTED IN LEASING / MANAGING / OPERATING A RESTAURANT, i FOR FIFTEEN YEARS, AT 1000 SOUTH MIAMI AVENUE (FORMERLY t KNOWN AS FIREHOUSE FOUR). i ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Unanimous. Thirty-five is being withdrawn. Thirty-six. Commissioner Plummer: Thirty-five has been withdrawn? Thirty-five has not been withdrawn. Commissioner Carollo: No, I don't believe it has. Commissioner Plummer: Thirty-six has. I'll move that 35 be put out to an RFP. That's what it's for. Mr. Cesar Odio (City Manager): Firehouse 4. Vice Mayor Gort: Is there a second? This is Firehouse 4 on Miami Avenue. Commissioner Carollo: Move. Vice Mayor Gort: It's been moved and seconded. Any discussion? Commissioner Plummer: Yes. No. Discussion, no. I vote yes. Commissioner Carollo: The discussion now. Vice Mayor Gort: All in favor state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. 98 July 11, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-528 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, AND IN ACCORDANCE WITH THE REQUIREMENTS OF CITY OF MIAMI CHARTER SECTION 29-B FOR PURPOSES OF SOLICITING PROPOSALS FROM QUALIFIED INDIVIDUALS, CORPORATIONS, OR OTHER LEGAL ASSOCIATIONS INTERESTED IN LEASING, MANAGING AND OPERATING A RESTAURANT, FOR A TERM OF FIFTEEN YEARS, WITH RENEWAL OPTIONS, AT CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, UNDER THE TERMS AND CONDITIONS SET FORTH IN SAID RFP; FURTHER APPOINTING MEMBERS OF A REVIEW COMMITTEE TO EVALUATE AND RANK SAID PROPOSALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Plummer: Thirty-seven. NOTE FOR THE RECORD: At this point, Vice Mayor Gort recognizes his father. Vice Mayor Gort: At this time I'd like to recognize the Colonel Sanders, who is standing in the corner. It's not really Colonel Sanders. That's my dad. Commissioner Plummer: And that ain't Chicken Little. Commissioner Dawkins: If thirty-six is... Vice Mayor Gort: Thirty-six. Commissioner Dawkins: I guess we'll have to wait for... Vie Mayor Gort: That's being withdrawn. 99 July 11, 1996 Commissioner Dawkins: ... We have to wait for Mr. Cook. Vice Mayor Gort: That's been withdrawn. Yes. Commissioner Dawkins: OK. That'll be... Commissioner Plummer: Thirty-seven withdrawn? Vice Mayor Gort: No thirty six. Commissioner Carollo: Thirty-six has been withdrawn. ---------------------------------------------------------------------------------------------------------------- 36. (A) DISCUSSION CONCERNING COCONUT GROVE STREET NAME CHANGES --SCHEDULE PUBLIC HEARING FOR 9/12/96, AT 2:00 P.M. (B) BRIEFLY DISCUSS POLICE COMPLAINTS ABOUT LACK OF VISIBILITY OF HOUSE NUMBERS IN COCONUT GROVE. -- DIRECT ADMINISTRATION TO INSTRUCT PROPERTY OWNERS IN COCONUT GROVE TO MAINTAIN THEIR HOUSE NUMBERS VISIBLE FROM THE STREET. ---------------------------------------------------------------------------------------------------------------- Commissioner Carollo: Thirty-seven. Commissioner Plummer: Is there anybody here on 37? Vice Mayor Gort: Item 37, this is something that I inherited. My understanding is that neighbors from this residential area, I think they're here? (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Vice Mayor Gort: No. That's not. They're not here. Item 37. My understanding is this is an item that has been discussed with the... It was handled by the Mayor's office, and it was given down to me. This is a group of neighbors that live within the Coconut Grove area and their streets... They have street numbers, rather than street names, and they had requested to change this to street names to feel a part of Coconut Grove. Commissioner Plummer: Well, can I suggest that we schedule a public hearing on it? Because there's going to be some... Anything you do in the Grove, there are very, very strong opinions as to what should happen. Vice Mayor Gort: OK. Commissioner Plummer: And I would move that at this time we schedule a public hearing on September the 12th at 2 o'clock in the afternoon. Vice Mayor Gort: Shouldn't we let the NET (Neighborhood Enhancement Team) do it first? Commissioner Plummer: What? Vice Mayor Gort: Have the public hearings through the NET. 100 July 11, 1996 Commissioner Plummer: In NET? Vice Mayor Gort: The NET office. Let Coconut Grove has the pubic hearings through NET. Commissioner Plummer: Oh, that doesn't preclude them having one in advance. Vice Mayor Gort: Right. OK. Commissioner Plummer: You know, one of the things that I hope that they will discuss, Wally... Wally, listen to me please. Especially in Coconut Grove. Police departments are constantly complaining that people in Coconut Grove do not have the number of their house visible from the street. And when they are trying to find, in an emergency situation, that this is the address that I'm going to, and there is a lot of foliage, a lot of shrubbery, which is fine, but they need to put something out at the street so that the policeman can see that this is 3005 and it's not next door. So I hope that that matter will be discussed at the same time. Mr. Wally Lee (Assistant City Manager): OK. And I think there are steps we can take, Commissioner Plummer, to push this along. Commissioner Plummer: Are we going into pocket items, Mr. Gort? Ms. Joyce Nelson: May I speak on that item please? Commissioner Plummer: No. It's going to be a public hearing. Ms. Nelson: Can I speak regarding the item? Commissioner Plummer: Willy, she wants to talk on 37, even though it's going to be two public hearings. Ms. Nelson: I wanted to comment on this item because this item was, as I believe, part of the planning study and it was brought up in the public hearings that were done with the planning study that these people wanted to change their street numbers back to the historic names of the streets. And it was recommended in the planning study. Is that what we're talking about? Vice Mayor Gort: Yes. Ms. Nelson: OK. I think that's a wonderful idea. I don't know why we need another public hearing, since it was public. Commissioner Plummer: Because there are... yep. Vice Mayor Gort: Well, I've got signatures - you can have a copy of this - the signatures of all the neighbors within the area in approval for this. Ms. Nelson: Right. Commissioner Plummer: We'll still have a public hearing. It's Coconut Grove. Have a public hearing. Vice Mayor Gort: OK. We'll go ahead and have the public hearing. OK. There's a motion to have the public hearing on September the 12th. 101 July 11, 1996 i Commissioner Plummer: Yes. Commissioner Carollo: I so move. Commissioner Plummer: Second. Vice Mayor Gort: It's been moved and seconded. Is there any further discussion? Commissioner Dawkins: What are we on? I Commissioner Plummer: On item 37. Vice Mayor Gort: On item 37. Commissioner Plummer: Are we ready for pocket items? Vice Mayor Gort: OK. Wait a minute. Mr. Cesar Odio (City Manager): I need to do item 6. I think Commissioner Dawkins is willing to bring it back. The water heater at... j Vice Mayor Gort: All in favor on item 37, all in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous, 27. I Commissioner Plummer: Oh, that's a very expensive water heater. Mr.Odio: Thirty-seven. Vice Mayor Gort: Twenty... 37. I'm sorry, 37. Commissioner Carollo: That was 37. I'm in favor of this. The only question that I have... Vice Mayor Gort: No, we're going to have a public hearing to this. Commissioner Carollo: OK. Good. Vice Mayor Gort: They will still have a public hearing on September the 12th. Commissioner Carollo: OK. 102 July 11, 19� The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 96-529 A MOTION SCHEDULING A PUBLIC HEARING ON SEPTEMBER 12, 1996, BEGINNING AT 2 P.M., CONCERNING PROPOSED COCONUT GROVE STREET NAME CHANGES; FURTHER DIRECTING THE ADMINISTRATION TO INCLUDE IN SAID PUBLIC HEARING A DISCUSSION CONCERNING STREET ADDRESS NUMBERS APPEARING ON RESIDENCES THAT ARE NOT VISIBLE TO EMERGENCY VEHICLES FROM THE STREET. Direction to Administration: from Commissioner Carollo to refer proposed name changes for certain streets in Coconut Grove to the Miami Street Codesignation Committee. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Carollo: Well, and not only that, but we have to make sure it goes through the Codesignation Review Committee that we have. Vice Mayor Gort: They will have to go through. Commissioner Plummer: It's not for codesignation. It's not for codesignation. Commissioner Carollo: Yeah, if we can make sure that it goes through them also. I mean... Commissioner Plummer: Joe, this is not for codesignation. This is changing one concept to another. Commissioner Carollo: I understand that, but they also usually handle changes of names like this, too. Commissioner Plummer: You mean the Memorial Committee. Commissioner Carollo: The Memorial Committee, the... Commissioner Plummer: Oh, OK. Vice Mayor Gort: Yeah, they will have to go through the whole procedure. OK? 103 July 11, 1996 ------------------------------- ------- -------------------------------------------------------------------------- 37. (CONTINUED)-- APPROVE ACQUISITION FOR WATER HEATER --FROM KEN CLARY AND COMPANY --FOR POLICE DEPARTMENT --ALLOCATE FUNDS ($5,523.04).--(SEE LABEL 7). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Is there any other items? Mr. Manager? Mr. Cesar Odio (City Manager): Yes, sir. Item 6. Commissioner Plummer: Item six. Mr. Odio: Commissioner Dawkins is waiting to consider... the water heaters at the Police Department. Commissioner Dawkins: Move it, move it. Commissioner Plummer: Second. Vice Mayor Gort: Item six has been moved and seconded. Any further discussion? All in favor state by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO.96-530 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF A WATER HEATER FOR THE POLICE ADMINISTRATION BUILDING FROM KEN CLARY & COMPANY, A NON -MINORITY, NON/LOCAL VENDOR IN THE AMOUNT OF $5,523.04; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE FY '95-96 OPERATING BUDGET, ACCOUNT CODE NO. 290201-850. 104 July 11, 1996 (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None, ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 38. AUTHORIZE THE ENGAGEMENT OF THE LAW FIRM OF HOLTZMAN KRINZMAN, EQUELS AND FARIA AS THE CITY'S LOBBYIST IN TALLAHASSEE CONCERNING THE PARROT JUNGLE BOTANICAL GARDENS ON WATSON ISLAND PROJECT. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Pocket items. Commissioner Carollo: I have one, Commissioners, that... Commissioner Plummer: I've got three. Commissioner Carollo: Well, I've got more than one, but I've got one that's a real special one. Vice Mayor Gort: Go ahead, sir. Commissioner Carollo: It really is Commissioner Dawkins'. I have been meeting with the different people that helped us get on the agenda in Tallahassee before the Cabinet for July 23rd. Commissioner Plummer: On the Parrot Jungle. Commissioner Carollo: Well, not only on the Parrot Jungle issue, but it's really on all of Watson Island. It represents a lot more to the City of Miami than only the Parrot Jungle development there. Through the efforts and help of Bob Levy and Sonny Holtzman, we were able to get this on the ballot, on the agenda... Commissioner Plummer: Agenda. Commissioner Carollo: ... for the meeting of the Cabinet on the 23rd. Now... Vice Mayor Gort: You couldn't get them to change the date? Commissioner Plummer: No, you... Commissioner Carollo: Frankly, that was a tough decision for me, because I had to make call... either I'd have them place it in their agenda on the 23rd, or in September. I would hav: 105 July 11, 1996 preferred for myself in September. I think you all know why. But for the City, it was best to have in on the 23rd, so it's going to be on the 23rd. Commissioner Plummer: Joe, just... Commissioner Carollo: That's why I asked them to put it on the 23rd. Commissioner Plummer: Just for your information, you know... and Miller can attest to the fact that when it goes up before the Cabinet, it's decided. The staff has the right at any time to pull an item from the agenda if they're not satisfied. I would say to you, Jack, your staff meeting is on June the 16th. That's when the staff will be meeting and Jack will be meeting with them. The only thing that we have up in the air at this time is, how much percentage is the City going to pay them for the waiver fee? At one time, we had negotiated it down, Jack and I, from fifty percent where it started, down to 15, and you felt that you possibly, through your sources, could do better. Now, the question is, when Jack goes back on the 16th, as to where we are. That's the staff meeting. Commissioner Carollo: Well, J.L., the bottom line is that what we stand... First of all, the problem that we had originally was even to get it on the agenda up there. Commissioner Plummer: No, we were scheduled for the agenda. We were already scheduled, and it was pulled off on the previous agenda. Commissioner Carollo: But they had pulled us out. Commissioner Plummer: Oh yes, they had pulled us off because you wanted to try to see if you didn't have... Commissioner Carollo: Well, there was even more than that, because we were under the impression that we were on, but we were not on. We had some problems there. But beyond that, the City stands to lose throughout the years, not only in Parrot Jungle, but on the developments that we have there, significant dollars. We could have an opportunity, like I think we do, to get it below the 15 percent that they came back to us with. I'd like to suggest and present a resolution to the problem. There's a tremendous amount of work that we need to do up there. All of us really have to be part of this to try to make sure that we have the best opportunity to get the best percentage for the City, below 15 percent. I will personally fly to Tallahassee next week to meet with some of the Cabinet members whose staff people have been recommending 25 percent, instead of even 15. Commissioner Plummer: They want more? Commissioner Carollo: Well, sure. Well, that was the case from day one, and that's why we need to do this. Even if we would have agreed to the 15 percent, there were some there that wanted 25, so... Commissioner Plummer: But they had agreed to the 15. Commissioner Carollo: No. Commissioner Plummer: The head of the department agreed to accept the 15. Commissioner Carollo: J.L., no matter what staff would agree to, it's up to the Cabinet. 106 July 11, 1996 Commissioner Plummer: Oh, of course, it is. Commissioner Carollo: And individual members of the staff of some Cabinet members were still recommending to them that they would approve 25 percent. The motion that I would like to make is that we do a full pressed... a full court press up in Tallahassee, that we hire our own lobbyist, especially for this issue up there, so that we can get this below the 15 percent. And I would like to make a motion that we hire the law firm of Holtzman, Krinzman, Equels and Faria, Sonny Holtzman's law firm. This will include all expenses for them to be going up there. So then they can spend all of next week up there, whatever amount of time they need in lobbying and meeting and setting up meetings for each of us with the individual Cabinet members up in Tallahassee. The amount that I would like to suggest would be fifteen thousand dollars ($15,000) for this. We are going to save a heck of a lot more than that in this alone. Commissioner Plummer: I don't know who the firm is. Joe, I'm sorry, but I don't know that firm. Vice Mayor Gort: Excuse me. Excuse me a minute. Commissioner Dawkins. Commissioner Carollo: This is Sonny Holtzman's firm, J.L. Sonny has... Commissioner Plummer: He was previously a lobbyist for the City? Commissioner Carollo: No, no, he was not previously a lobbyist. I am suggesting that we hire them for the City of Miami, fifteen thousand dollars ($15,000), all expenses included, to lobby for the City on this issue. Sonny, when the Governor was first elected, was in charge of his transition team at the time. He's extremely close to the Governor, to many members of the Cabinet, and they will put a team together for us that I think would be the best team to lobby the Cabinet members and for us to go up there. Vice Mayor Gort: Commissioner Dawkins. Commissioner Dawkins: We've got to either second Joe's motion for discussion... Vice Mayor Gort: OK. Is there a second to the motion? Commissioner Plummer: You know, I don't want to say no, but I just don't know who these people are, and for me to approve someone that I don't know or know their qualifications, you know, I've just... I've got a problem with that. Commissioner Dawkins: OK. I second the motion. Vice Mayor Gort: Seconded. OK. Discussion. Commissioner Carollo: I'm sorry Commissioner, I was under the impression that you knew Mr. Holtzman well, and who he was. Commissioner Plummer: No, sir. Commissioner Dawkins: Well,he doesn't. So he doesn't. Vice Mayor Gort: Mr. Dawkins. Commissioner Dawkins: OK. Under discussion. I need to put on the record now, so that everybody will know where I am. When I ran in 1981, my campaign slogan was, "Keep Watson 107 July 11, 1996 Island clear of development and open for the public to know what open land is all about." When Mr. Levine and all came before the Commission to put Parrot Jungle and everything else, the RV (recreational vehicle) and everything on Watson Island and every place else, I voted no. So 1 have no problems with being in the no vote now. But my vote will always be to vote that Watson Island remain water -oriented, sport -related and that will always be my vote. So those of you going up to the Legislature or wherever you're going to negotiate, always remember that, if there's a close vote here when you get back, which I don't think it will be, mine will be a negative vote. Mr. Odio: I'll tell Bert to train some parrots to water ski. Vice Mayor Gort: Let me tell you, I can understand what Commissioner Dawkins has stated, but I'm... being a photographer, and taking a lot of pictures, and using all of our parks, and visiting all of our parks... and unfortunately people don't use the parks as much as they should. And the best example that we have is Bayfront Park, itself. We had a beautiful park there and it was not used by anyone until we created Bayside. Bayside is bringing in over ten million people a year to Bayside, and it's created about 1.2 to 1.3 million dollars for the City of Miami. The public uses Bayside a lot more now. I think Watson Island has been under utilized. It's not being used. I think Parrot Jungle is an excellent prospect for that area. It's not a development, it's maintaining an additional tourist attraction so much needed for Downtown Miami. That was the reason why I was so much in favor of it. And I will continue to fight for it, because I think it's a great prgress there. So I'm ready to move on this. Concerning the... Commissioner Dawkins: I have no problems... Vice Mayor Gort: Excuse me, excuse me. Commissioner Dawkins: ... with anybody who wants to fight for it, and I wish you would not put me down because I don't want to fight for it. OK? Commissioner Carollo: No, no, no. Vice Mayor Gort: I'm sorry, Commissioner Dawkins. Commissioner Dawkins: OK, now, I mean... OK, everybody up here is entitled to fight for it, if they want to, but don't make me look like I'm an ogre because I'm not in favor of it. Commissioner Carollo: No, no. Vice Mayor Gort: Commissioner Dawkins, that was not my intention. Commissioner Dawkins: Well, that's the way it's sounding, sir. Vice Mayor Gort: And my apologies if you took it that way. That was not my intention. Commissioner Carollo: No. Commissioner Dawkins: OK. Vice Mayor Gort: My intention is to clarify the reason why I voted for it, and I will fight fo this. Commissioner Carollo: Commissioner... 108 July 11, 1996 Vice Mayor Gort: It was not my intention to put you down at any time because I respect you very much and you know that. Commissioner Carollo: Commissioner Dawkins... Vice Mayor Gort: At the same time, I'd like to add that this was taken to the voters, and it was approved by the voters of the City of Miami. Commissioner Carollo: Maybe I can clarify this, Commissioner Dawkins. By you voting for this, in no way will it change your statement that you will vote against it later on. Basically, what you will be saying in this is that you made your statement that you will not vote for any development on Watson Island unless it's water -oriented, but, nevertheless, if the rest of the Commission votes to approve Parrot Jungle there, or any other project... Commissioner Plummer: The referendum did. Commissioner Carollo: ... then what we're saying here is that if we vote for this, we're going to make sure that we're going to get the maximum amount of revenue for the City of Miami out of this project... Commissioner Plummer: I'll tell you how I'll vote for it, Joe. Commissioner Carollo: ... which is, you know, what you've always wanted, anyway. Commissioner Plummer: Ill tell you how I'll vote for it. Make it an incentive. Give them ten thousand dollars ($10,000). If they succeed in reducing it below the 15, we give them another five. Give an incentive to do a good job. Commissioner Carollo: OK. That's fine. I'll accept that. Commissioner Dawkins: Accept that amendment. Vice Mayor Gort: OK. Seconded. Is there... Commissioner Plummer: That will be a thousand dollars above, up to 15 for every percent they reduce it down. Vice Mayor Gort: And Commissioner, believe me, Commissioner Dawkins, it's not my intention to put you down. Understand that. Commissioner Plummer: Give an incentive. Commissioner Dawkins: Mm-hmm. Call the roll. Mm-hmm. Vice Mayor Gort: OK. All in favor state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. 109 July 11, 1996 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 96-531 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH HOLTZMAN, KRINZMAN, EQUELS & FURIA, P.A., TO PROVIDE SPECIAL LEGISLATIVE CONSULTANT SERVICES CONCERNING A PARTIAL MODIFICATION OF RESTRICTIONS TO DEED NO. 19447 BETWEEN THE CITY OF MIAMI AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, WHICH DEED GOVERNS THE USE OF WATSON ISLAND AND THE CONSIDERATION TO BE PAID BY THE CITY OF MIAMI TO THE STATE OF FLORIDA; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $15,000.00 INCLUDING EXPENSES, FROM THE LEGISLATIVE LIAISON GENERAL FUND FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Plummer: Can I do my pockets... Vice Mayor Gort: No. Wait a minute. Commissioner Plummer: ... that are not mine? Vice Mayor Gort: Joe's still doing his. We got Dawkins, and then you go. Commissioner Dawkins: No. Joe still has, Joe's still got... Commissioner Carollo: Well, you all go ahead and do yours, and I'll come back to the others that I have afterwards. Commissioner Plummer: All right. Just, just for the... Vice Mayor Gort: Commissioner Dawkins, we're going by alphabetical aorder. Commissioner Plummer: Huh? Commissioner Dawkins: I yield to Commissioner Plummer. He's the oldest one up here. 110 July 11, 1996 Commissioner Plummer: Well, just so you know, none of these are actually mine. This comes from the Administration. A resolution... Commissioner Dawkins: Why? Why is it... Commissioner Plummer: Because I sit over here. Commissioner Dawkins: Yeah, but why is it at every Commission meeting, you have to be the gopher for the Administration? Commissioner Plummer: Because they don't have the authority to do so. Commissioner Dawkins: He does. The Manager's got two pocket items. Commissioner Plummer: No, he can't do,... Commissioner Dawkins: He can present two pocket items, J.L. Commissioner Plummer: Well, why in the hell am I doing... He's got his full and he wants me to do the others. Mr. Odio: Because he likes to talk. ---------------------------------------------------------------------------------------------------------------- 39. WAIVE CODE REQUIREMENTS LIMITING NUMBER OF SPECIAL EVENTS IN THE COCONUT GROVE SPECIAL EVENT DISTRICT AND FEES RELATED TO THE THIRD ANNUAL DOMESTIC VIOLENCE AWARENESS WALK-A-THON CONDUCTED BY THE DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE, TO BE HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT (OCTOBER 26, 1996), WITH CONDITIONS. ---------------------------------------------------------------------------------------------------------------- NOTE FOR THE RECORD: At this point, Commissioner Plummer rea s the propose reso ution into the public record. Commissioner Plummer: I so move. Commissioner Dawkins: I second and under discussion. Commissioner Plummer: OK. Commissioner Dawkins: Mr. Manager, why would you do that? Mr. Odio: What, sir? Commissioner Dawkins: Whatever Mr. Plummer just said. ill July 11, 1996 Mr. Cesar Odio (City Manager): That's because... Commissioner Dawkins: That's not you, that's not your item. That's J.L. Plummer's item. Mr. Odio: I don't even know... Commissioner Plummer: I'll be damned. Commissioner Dawkins: Yes, it is. It is. It is your item. Commissioner Plummer: Call the roll. Vice Mayor Gort: It's been moved and seconded. All in favor state so by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-532 A RESOLUTION RELATED TO THE THIRD ANNUAL DOMESTIC VIOLENCE AWARENESS WALK-A-THON, CONDUCTED BY THE DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE, TO BE HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT ON OCTOBER 26, 1996; WAIVING THE REQUIREMENTS CONTAINED IN SECTION 54-171 (B) (1), (2) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH (A) LIMITS THE NUMBER OF EVENTS THAT MAY BE HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT (B) ESTABLISHES THAT ONLY ONE OF THE TWO EVENTS MAY INVOLVE STREET CLOSURES; AND (C) ESTABLISHES THAT THE TWO EVENTS SHALL NOT TAKE PLACE ON SUCCESSIVE WEEKENDS; FURTHER, WAIVING ALL WAIVABLE FEES AS PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SAID WAIVERS CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 112 July 11, 1996 Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort i NAYS: None. ABSENT: None. ----------------------------------------------------------------------------------------------------------- 40. WAIVE FEES RELATED TO A COMMUNITY PICNIC SPONSORED BY THE COCONUT GROVE FAMILY AND YOUTH INTERVENTION CENTER, TO BE HELD AT ELIZABETH VIRRICK PARK (AUGUST 24. 1996), WITH CONDITIONS. NOTE FOR THE RECORD: At this point, Commissioner Plummer read the proposed resolution into the public record. Commissioner Plummer: I so move. Commissioner Dawkins: i second. Mr. Cesar Odio (City Manager): That's one I... Commissioner Plummer: OK. Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Being none, all in favor, state so by saying "aye." The Commission (Collectively): Aye. 113 July 11, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-533 A RESOLUTION RELATED TO A COMMUNITY PICNIC, SPONSORED BY THE COCONUT GROVE FAMILY AND YOUTH INTERVENTION CENTER, A SUBSIDIARY OF THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, TO BE HELD AT ELIZABETH VIRRICK PARK ON AUGUST 24, 1996; WAIVING ALL WAIVABLE FEES AS PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SAID WAIVERS CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; (3) PROVIDING FULL CLEANUP SERVICES FOR SAID EVENT; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Plummer: Hold on. Let me find the resolution on this one here on the Historic District. Let somebody else go ahead. Vice Mayor Gort: Commisioner Dawkins. Commissioner Plummer: I don't have anything. 114 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 41. (A) AUTHORIZE MANAGER TO NEGOTIATE MODIFICATION OF LOAN MADE BY MIAMI CAPITAL DEVELOPMENT, INC., (MCDI) TO FALAH ENTERPRISES, INC. (JIHAD RASHID) -- PROVIDE A ONE TIME ONLY WORKING CAPITAL LOAN FOR $42,400 -- FURTHER AUTHORIZE MCDI TO APPROVE LOAN IN ACCORDANCE WITH U.S. HUD GUIDELINES. (B) COMMENTS FROM COMMISSIONER PLUMMER CONCERNING THE GARCES COMMERCIAL COLLEGE LOAN. ---------------------------------------------------------------------------------------------------------------- Commissioner Dawkins: At the last Commission meeting, we asked that Mr. Cisneros work out a plan to assist Mr. Rashid, and he has it before him now. If you'll read the reso... Did you give the resolution to the City Attorney? Mr. Cesar Odio (City Manager): Yes, he has one Commissioner. Commissioner Dawkins: Give it to him and let him read it. Would you read the resolution, Mr. City Attorney, please. NOTE FOR THE RECORD; At this point, the City Attorney read the proposea resolution into the public record. Commissioner Dawkins: So moved. Commissioner Plummer: OK. Vice Mayor Gort: It's been moved. Is there a second? Commissioner Plummer: Second. Under discussion. Vice Mayor Gort: Discussion. Commissioner Plummer: Mr. Cisneros, I am aware of the past history of this loan. What have you done in this particular case to assure this Commission that what has happened with this loan in the past will not happen in the future? Mr. Pablo Cisneros: Well, there is no... I cannot give you guarantees. There's nothing that I can give you guarantees on, but I had a very meaningful conversation with the staff of the City of Miami, with Mr. Rashid, with the people of Coconut Grove, with Commissioner Dawkins, and Mr. Rashid understands that it is very important, and this is an example. We're going to try to make his business succeed. This is going to be like an icon to that part of Coconut Grove. We're going to give him all the support we can. He has to make good. He understands that. Commissioner Plummer: OK. Mr. Cisneros: We're giving the opportunity. He has to make good. 115 July 11, 1996 Commissioner Plummer: OK. Mr. Cisneros: And it is a compromise. Commissioner Plummer: Now, after we vote on this, then I want to make another discussion so it in no way relates to him. OK? Mr. Cisneros: Sure. Commissioner Dawkins: Under this, Mr. Rashid has an outstanding loan with us, with Miami Capital? Commissioner Plummer: Oh yeah. Mr. Odio: No, no, with the City of Miami, Commissioner. Commissioner Dawkins: OK. With the City of Miami? Mr. Cisnseros: Mm-hmm. Commissioner Dawkins: What is it? Mr. Cisneros: Three thousand six hundred dollars ($3,600), Commissioner. Commissioner Dawkins: Three thousand six hundred dollars ($3,600). Commissioner Plummer: Yeah. Mr. Cisneros. Yeah. Commissioner Plummer: And it's... Commissioner Dawkins: So we're jeopardizing a forty-two thousand dollar ($42,000,000) loan for three thousand ($3,000). Mr. Cisneros: That's been taken care of in our discussions with the City of Miami. Commissioner Dawkins: Yeah, but you see, the press and the people watching do not understand that we are talking about three thousand dollars ($3,000), where we're attempting to loan a business forty-two thousand dollars ($42,000) to survive. Mr. Cisneros: The original... Commissioner Dawkins: See, when the statement is made by Commissioner Plummer that we ' want to know what covers his other indebtedness, it looks as if he's got sixty or a hundred thousand dollars worth of indebtedness, which he's only got three thousand dollars ($3,000). So put that in the record. OK. Call the roll. Commissioner Plummer: It was not that at all, Mr. Dawkins. Commissioner Dawkins: OK. What is it? What is it, Mr. Plummer? Commissioner Plummer: It was the history. 116 July 11, 1996 Commissioner Dawkins: OK. Commissioner Plummer: The history without collateral. And I'm not going to go into it, OK? Commissioner Dawkins: Mr. Plummer, nobody knows... OK, I'll wait. Like you said, after the vote we'll go through that. Commissioner Plummer: Sure. Commissioner Dawkins: Let's go through the vote. Commissioner Plummer: Sure. Vice Mayor Gort: Is there any further discussion? Being none, all in favor state so by saying 'aye. The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-534 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO WORK OUT A MODIFICATION TO THE LOAN COMMITMENT MADE BY MIAMI CAPITAL DEVELOPMENT, INC. (MCDI), TO MR. JIHAD S. RASHID, FOR FALAH ENTERPRISES, INC., DATED APRIL 18, 1996, TO PROVIDE A ONE-TIME ONLY WORKING CAPITAL LOAN, IN THE AMOUNT OF $42,400.00, FROM THE MCDI MICROENTERPRISE LOAN FUND AND OTHER CONDITIONS AS HEREIN SPECIFIED; FURTHER AUTHORIZING MCDI TO APPROVE SAID LOAN IN ACCORDANCE WITH THE APPLICABLE ECONOMIC DEVELOPMENT GUIDELINES FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD). (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Dawkins: Mr. Plummer. Commissioner Plummer: Yes, sir. 117 July 11, 1996 Unidentified Speaker: Thank you. Commissioner Dawkins: You and and I have been here the longest. You and I voted not to give a half a million dollar loan to a section of this City. We're the only two THAT voted. OK? And I said, I refused to jump through the hoop. Didn't I say that? Commissioner Plummer: They did it at election time. Commissioner Dawkins: OK. Commissioner Plummer: It was political blackmail. Commissioner Dawkins: Mr.... Mr. other Rashid.., Printess Rashid came in here and told me and you, standing right there, that, "You had known I didn't have any money when you loaned it to me. What do you want from me? I ain't paying nothing," and walked out. Commissioner Plummer: Yeah, but also... Commissioner Dawkins: And walked out. Commissioner Plummer: Also, for the record, he drove here in a Rolls Royce that he used part of the money for to tell us he had no money and could not repay the loan. Commissioner Dawkins: OK. All right. Commissioner Plummer: Now, the point I'm trying to get to, Mr. Cisneros... Mr. Cisneros: Yes, sir. Commissioner Plummer: ... it's in my craw, because I took tremendous heat on Garces College, OK? Mr. Cisneros: That's correct. Yes, sir. Commissioner Plummer: Those people beat you and beat us, the City, for over a hundred and fifty thousand dollars ($150,000). Mr. Cisneros: Correct. Commissioner Plummer: And they are laughing at you. They think you are a fool. Not you, Miami Capital, OK? And if we go down that list, and see how many times we have been a fool... Mr. Cisneros: Marti. Commissioner Plummer: OK? As Mr. Carollo says, I hope it's going to stop. Mr. Cisneros: I certainly hope so, too, Commissioner. Commissioner Plummer: All right? Commissioner Dawkins: All right. 118 July 11, 1996 Commissioner Plummer: Enough is enough. ---------------------------------------------------------------------------------------------------------------- 42. (A) EMERGENCY ORDINANCE: AMEND CAPITAL IMPROVEMENTS 11337 -- INCREASE APPROPRIATION TO CIP PROJECT 331364 (TACOLCY PARK C.D. IMPROVEMENTS) FROM $315,000 TO $415,000 FOR BELAFONTE-TACOLCY CENTER, PROJECT 702701, FOR STRUCTURAL IMPROVEMENTS TO PROPERTY AT 6161 NW 9TH AVENUE. (B) RATIFY MANAGER'S EMERGENCY FINDING FOR CONSTRUCTION IMPROVEMENTS AND REPAIRS AT THE BELAFONTE -TACOLCY CENTER (6161 N.W. 9TH AVENUE) -- WAIVE COMPETITIVE SEALED BIDS -- AUTHORIZE MANAGER TO SOLICIT QUOTES AND TO ENTER INTO CONSTRUCTION AND PURCHASE OF MATERIALS CONTRACTS --ALLOCATE $200,000 FROM CIP ORDINANCE 11337, PROJECT 331364. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Commissioner Dawkins. Commissioner Dawkins: OK, all right. Now, the other one I have is... Vice Mayor Gort: Wait a minute. We all got pocket items, too. Commissioner Plummer: I'm not going anywhere. Vice Mayor Gort: OK. Commissioner Dawkins: The other pocket item... Yes, sir, go ahead, Mr. Manager. Mr. Cesar Odio (City Manager): No, no, no. Commissioner Dawkins: I yield. The other pocket item I have is this... I'm doing this against my better judgment. Commissioner Plummer: Then don't do it. Commissioner Dawkins: OK. I asked... I have to do it though, Mr. Manager. I asked the Manager to sit down and work out an agreement with Tacolcy, where the City of Miami would bring the property up to code and what have you. Then they come back today, somebody comes back and tells me - and I don't even know what we're talking about - I've got one emergency ordinance that says we're going to spend four hundred and fifteen thousand dollars ($415,000) at Tacolcy Center. Then they give me another resolution that says, we're going to appropriate not to exceed two hundred thousand ($200,000). I mean, four hundred and fifteen thousand ($415,000), two hundred thousand ($200,000). But when I tell people, "Leave it alone, I'll work it out, I can handle it," nobody believes me. Now what is correct, two hundred thousand ($200,000) or four hundred and fifteen thousand ($415,000)? Ms. Lori Lutes: The first item you have is an emergency ordinance increasing the capital improvement project a hundred thousand ($100,000). The Commission had already allocated three hundred and fifteen thousand ($315,000) previously, and based on items we've brought to the Commission previously, have purchased the tot lot, we are finalizing the roof, a new roof on 119 July 11, 1996 the daycare. We've been purchasing air conditioning units and replacing some that have been stolen. So some of that three hundred and fifteen thousand ($315,000) has been spent. And out of the balance that is remaining of the three hundred and fifteen thousand ($315,000), there's approximately a hundred thousand dollars ($100,000) left. The City would like to take that hundred thousand ($100,000) remaining, plus the hundred thousand ($100,000) increase we're talking about, asking you to approve today, and not issue two hundred thousand ($200,000). Commissioner Dawkins: Oh, that's not... OK, that's not my... That was not the intent of this Commission. And see, and that's when people get out and don't come back to this Commission. The intent of this Commission was for you to go out and do whatever you had to do to bring the building up. You were not supposed to come back and tell me you were short a hundred thousand dollars ($100,000), you're trying to find twenty thousand dollars ($20,000) over there, thirty thousand dollars ($30,000) over there. Mr. Odio: No, no, that's not what we've done. Commissioner Dawkins: But the people out there refuse, you know, to give us credit for knowing what we're doing up here. And then when election time comes, you know what they say, Mr. Manager? Look at that building, they didn't do nothing in it. Mr. Odio: No, sir. Sir, you're right. All we're doing is transferring money so we can do the work they told us to do. That's all we're doing, transferring monies to the account. Commissioner Dawkins: But you see, when you pass one resolution, that says four hundred and fifteen thousand ($415,000). Mr. Odio: You're right, what we... No. Commissioner Dawkins: ... then you pass another one that says not to exceed two hundred thousand ($200,000). I don't know what we're doing. Mr. Odio: No, no. Let me explain it in simple... What I have in front of you... Commissioner Dawkins: No, no Mr. Manager. I'm going to pass this and you work it out. Mr. Odio: OK. OK. Commissioner Dawkins: I'm not going through this. I'm not going through this, OK? Mr. Odio: Yes, sir, but I just want to... Commissioner Dawkins: I pass... Which one you got to read Mr. City Attorney, or both of them? A. Quinn Jones, III, Esq. (City Attorney): An emergency ordinance, that's the only one I have. Is there another one? Commissioner Dawkins: Oh, you've got to read both of them, Mr. City Attorney. Commissioner Plummer: For what? Mr. Odio: Both. Mr. Jones: I don't have but one. 120 July 11, 1996 : Let me see. Let me clarify this. I asked Mr. Lee to make sure that you were notified that we had to have an emergency finding to do the improvements at Belafonte Tacolcy, because I had promised you... Wally move please. Commissioner Dawkins: OK. Mr. Odio: ... that I had promised you that I would not have an emergency in order to do what you... You told us to proceed on an emergency basis in the last Commission meeting, Commissioner. Commissioner Dawkins: This, I have... I have no... Mr. Odio: So that's all we're saying here, is ratifying the emergency finding. Commissioner Dawkins: Where? Where are you saying that? Mr. Odio: On this memo that you have in front of you. Commissioner Dawkins: No, no, I'm not reading... OK. But all I'm saying is, Mr. Manager... Mr. City Attorney... Mr. Jones: Yes, sir. Commissioner Dawkins: I have two resolutions. Mr. Odio: Then you have to pass the two resolutions. Commissioner Dawkins: Do I have to read one of them or both of them? Mr. Jones: You have a reso and you have an emergency ordinance. Commissioner Dawkins: All right. OK, now the emergency ordinance is... Mr. Jones: Both. Commissioner Dawkins:... is emergency finding, that's the memo. That's a resolution. Mr. Jones: That's a resolution which needs four -fifths voted, as well. Commissioner Dawkins: OK, but, wait a minute, Mr. City Attorney. Am I talking of six hundred and fifteen thousand dollars ($615,000), if I add two hundred to four -fifteen, or am I talking about four hundred and fifteen ($415,000) minus two hundred ($200,000)? Mr. Odio: The total is four hundred thousand. Commissioner Dawkins: Huh? Mr. Odio: The total is four hundred and fifteen thousand dollars ($415,000) of the work. Commissioner Dawkins: All right. So, I don't need this. Mr. Odio: No... 121 July 11, 1996 Commissioner Dawkins: So you don't need the two hundred. Mr. Eduardo Rodriguez (Director, Assest Management): Let me explain, Commissioner. Commissioner Dawkins: No. Yes, you may. Mr. Rodriquez: OK. The ordinance is putting the money for later on the resolution awarded. It's very simple. Commissioner Dawkins: Mr. City Attorney,... Mr. Rodriguez: ... You have to have the money in place to be able to award the contract. Commissioner Dawkins: Mr. City Attorney, what is he saying? Mr. Jones: Basically, you've got... You're transferring money into the capital... I mean the capital improvement project to the tune of a hundred thousand dollars ($100,000). The other reso, basically, is an amount not to exceed two hundred thousand dollars ($200,000.00) for work that was done on an emergency basis for the... Was it for the root`? For the roof. Commissioner Dawkins: OK. i Mr. Rodriguez: For the job that you wanted. Commissioner Dawkins: OK, so we pass the... If you... Mr. Jones: And by Code, you have to prove that. Commissioner Dawkins: OK, you read the ordinance, and then we'll pass that. And then I'll read the resolution, and we pass that. OK. Go right ahead Mr. City Attorney. NOTE FOR THE RECORD: At this point, the City Attorney reads the propose emergency ordinance into the public record. Vice Mayor Gort: Now, that was moved by Commissioner Dawkins and seconded by Commissioner Plummer. Is there any further discussion? Being none, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. Commissioner Dawkins: OK, now... Mr. Walter Foeman (City Clerk): No, it's an emergency, Commissioner, and they have two readings. Commissioner Dawkins: Now we need the resolution, right? Vice Mayor Gort: No, this is a reading... I mean ordinance. Mr. Foeman: It's two roll calls. 122 July 11, 1996 Mr. Jones: It's an emergency. You need two roll calls. Vice Mayor Gort: Ordinance. We need a roll call. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING THE APPROPRIATION TO EXISTING CAPITAL IMPROVEMENT PROJECT NO. 331364, ENTITLED: "TACOLCY PARK C.D. IMPROVEMENTS" FROM $315,000 TO $415,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Dawkins 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11380. 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. NOTE FOR THE RECORD: At this point, Commissioner Dawkins rea s a propose reso ution into the public record. Commissioner Dawkins: I so move. 123 July 11, 1996 Commissioner Plummer: Second. Vice Mayor Gort: Moved and seconded. Any discussion? Being none, this being a resolution, all in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-535 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT A VALID EMERGENCY EXISTS AND WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR IMPROVEMENTS AT THE BELAFONTE-TACOLCY CENTER, LOCATED AT 6161 NORTHWEST 9TH AVENUE, MIAMI, FLORIDA, CONSISTING OF (1) RE -ROOFING OF THE ADMINISTRATION BUILDING, (2) INSTALLATION OF A NEW SECURITY FENCE TO REPLACE AN EXISTING PERIMETER FENCE, AND (3) PROVISION OF OTHER MISCELLANEOUS REPAIRS AND ADDITIONS IN ORDER TO MEET ALL CODE REQUIREMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO SOLICIT FOR QUOTES AND TO AWARD AND ENTER INTO CONSTRUCTION AND PURCHASE OF MATERIALS CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID IMPROVEMENTS AS DEEMED APPROPRIATE, IN AN AMOUNT NOT TO EXCEED $200,000.00; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, PROJECT NO. 331364. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 124 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 43. DIRECT ADMINISTRATION TO SCHEDULE A DISCUSSION CONCERNING THE FLAGLER STREET MARKET PLACE FOR THE JULY 25, 1996 MEETING. ----------- ---------------------------------------------------------------------------------------------------- Commissioner Dawkins: I have another one, the Flagler Street Marketplace, but it's almost noon and Plummer says he wanted to leave at eleven, so I'll bring this up at the next Commission meeting. Thank you. Mr. Odio: I have one, when you have a chance. Commissioner Plummer: Wait a minute, hold on, I've got this. Vice Mayor Gort: The order of it has Commissioner Plummer's got one that... ---------------------------------------------------------------------------------------------------------------- 44. WAIVE FEES RELATED TO FLOREXPO '96 INTERNATIONAL FLOWER SHOW, SPONSORED BY THE FLORIDA FEDERATION OF GARDEN CLUBS, INC., TO BE HELD AT THE COCONUT GROVE EXHIBITION CENTER (NOVEMBER 1-4, 1996), WITH CONDITIONS. ----- ---------------------------------------------------------------------------------------------------------- Commissioner Plummer: This is a Centennial event, which is the Floral Expo '96 as to waiving of the fees of the exhibition hall. Of course, they will have to provide the insurance and the normal scenarios over there. And I... for November 1, 2, 3, and 4, and one of the days, let it be noted, is a students day, and as far as I'm concerned, I move it. I think it's a very fine thing. I move it if I can get a second for it. Commissioner Dawkins: No, no second for you. Commissioner Plummer: No second. Commissioner Carollo: Yes. Mr. Cesar Odio (City Manager): The Centennial, I thought it was over on July 28th. Commissioner Plummer: As far as I'm concerned, it is. Commissioner Dawkins: Second. Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Commissioner Plummer: What is it? What did I second? Commissioner Plummer: This is for the flower show that's part of the Centennial. You want to go against the garden clubs? Commissioner Carollo: Second, second. 125 July 11, 1996 Commissioner Plummer: You do -dos. Commissioner Carollo: I'm all for flowers. Mr. Odio: The Centennial goes on forever. Vice Mayor Gort: OK. There being no discussion, all in favor state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-536 A MOTION CONFIRMING RESOLUTION 95-381, PASSED AND ADOPTED ON MAY 11, 1995, WHICH HAD WAIVED ALL WAIVABLE USER FEES AS PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN THE AMOUNT OF $2,954, FOR THE FLORIDA FEDERATION OF GARDEN CLUBS, INC. PRESENTATION OF FLOREXPO '96 TO BE HELD NOVEMBER 1-5, 1996 IN THE COCONUT GROVE CONVENTION CENTER; SAID WAIVER CONDITIONED UPON THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. Upon being seconded by Commissioner , the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 45. GRANT TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION A SIX MONTH EXTENSION FOR SINGLE FAMILY HOUSING PROJECT IN ALLAPATAH. ---------------------------------------------------------------------------------------------------------------- Commissioner Carollo: I have one final pocket item... Vice Mayor Gort: Yes. Commissioner Carollo: ... before the Manager brings up an item, I think. This has to do with the Rafael Hernandez Housing Development Corporation. Be it resolved that they be permitted an extension of six months from September 14th, 1996 to construct, finance, and sell housing units on City -owned vacant lots in the Allapattah neighborhood. 126 July 11, 1996 Commissioner Plummer: Joe, we gave them originally 12 months, didn't we? Commissioner Carollo: This is for the scattered housing units we're talking about. Vice Mayor Gort: They've got finances. Commissioner Dawkins: That's the same thing I tried to do this morning, I'm going to see what J.L. Plummer is going to do with this one. Commissioner Plummer: No, well, I'm just asking. I thought that we gave a 12-month opportunity about a month ago, and now they're back asking for six months extension. Commissioner Carollo: No, this is for their six new single family houses that they're working on. You're thinking about the bigger project, I think. Commissioner Plummer: Excuse me, Mr. Dawkins, this is a non-profit group, as opposed to this morning, which was a profit group. Commissioner Dawkins: That's all we've been... And how much money, Mr. Hepburn, have we given this non-profit group to build housing? How much? Mr. Jeffrey Hepburn (Assistant Director, NET/Housing): All of them? Commissioner Dawkins: Yeah. No, no, no. This one. Commissioner Plummer: Oh, we've given an awful lot. Commissioner Dawkins: No, this one. Mr. Hepburn: This particular one? Commissioner Dawkins: Yes. Mr. Hepburn: We've only given them, I think, a hundred and fifty thousand dollars ($150,000) for administration. Commissioner Dawkins: OK, a hundred fifty thousand ($150,000). But here's a man that's going to come in and build houses free, and we want to know what, what's his motive. What he's got hidden against him. OK. Commissioner Plummer: Well, no, he's not building them for free. Commissioner Dawkins: No, not you. I'm talking about The Miami Herald, not you. Commissioner Plummer: What Miami Herald? Commissioner Dawkins: Because you read it in The Miami Herald, you said. Commissioner Plummer: No. What I read in The Miami Herald, that I will bring out, is that the amount of money that the City is to receive was half, 50 percent, and there was another developer who was quoted as saying - and I read it this morning, and the reason I asked for the deferment - that he would pay a lot more than what this so-called gentleman had offered. 127 July 11, 1996 Commissioner Dawkins: Yeah. But these people are paying nothing. Commissioner Plummer: These people are not -for -profit. Commissioner Dawkins: But they're paying nothing. Commissioner Plummer: The item before us of this morning was for profit. Commissioner Dawkins: They're paying nothing, J.L., and they're building houses with my money. Commissioner Plummer: They are not for profit, and as such, can be usually sold cheaper. Vice Mayor Gort: Excuse me. Commissioner Dawkins: OK. Well, I'll tell you what. After this, there will be no more not -for - profit, if I can vote on it. Commissioner Plummer: I've got no problem with that. Vice Mayor Gort: OK. Is there a second to Carollo's motion? Commissioner Dawkins: Yes. Vice Mayor Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor state so by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 96-537 A RESOLUTION GRANTING A SIX (6) MONTH EXTENSION, FROM SEPTEMBER 14, 1996 TO MARCH 14, 1997, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, A NOT -FOR -PROFIT CORPORATION, IN WHICH TO COMPLETE CONSTRUCTION, FINANCING, AND SALES OF SIX (6) NEW SINGLE-FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON FIVE (5) VACANT PARCELS LOCATED IN THE ALLAPATTAH NEIGHBORHOOD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 128 July 11, 1996 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Carollo: Thank you. Commissioner Dawkins: And you can tell that guy... Commissioner Carollo: Mr. Manager, do we need to handle that item now or not? Mr. Odio: Yes, sir. 46. DIRECT MANAGER TO PROVIDE COMMISSIONER DAWKINS WITH A REPORT REFLECTING STEPS TAKEN TO INFORM OWNERS OF PROPERTY LOCATED AT 5500 NW 17 AVENUE (HARDEMON MARKET) WHAT THEY NEEDED TO DO TO BRING THE BUILDING UP TO CODE COMPLIANCE WITHIN SIX MONTHS OR ELSE THE BUILDING WOULD REVERT TO THE CITY -- ALSO, REPORT SHOULD REFLECT THAT OWNER UNDERSTOOD WHAT NEEDED TO BE DONE. ---------------------------------------------------------------------------------------------------------------- Mr. Cesar Odio (City Manager): I had... We went out. As you know, Billy Hardemon had received a loan from the City on the market. We had to take the property back because of failure to pay. And Commissioner Carollo, when we brought this acceptance of the bid on the house, said he wanted incorporated that it would not be used for a homeless facility, or drug rehab, or something like that. Unfortunately, the Law Department says that we cannot incorporate that. So either we have to... I ask that we accept this bid as it was, so we can take our losses and just put this to rest. So it's a resolution that... Vice Mayor Gort: Excuse me. We have what? Mr. Odio: This is on the property at 5500 Northwest 17th Avenue, rescinding Resolution 96-425 adopted on June 13th, in its entirety, and substituting in lieu of the herein resolution accepting the bid of Lake Paul for the purchase of the City -owned property located at 5500 Northwest 17th Avenue, Miami, Florida. Commissioner Plummer: What are you going to do with it? Mr. Odio: They are going to build a... What are they going to put in there? A market? Unidentified Speaker: I think they're going to put a restaurant. 129 July 11, 1996 i Mr. Odio: A restaurant. A restaurant. Commissioner Dawkins: And he's going to bring it up to code. Mr. Odio: They have to. Commissioner Plummer: Who is? Mr. Odio: This Lake Paul... Commissioner Dawkins: You keep telling me... I told you to bring me something in writing. I told you to bring me something in writing where this fellow understood what he had to do to this building before he obtained it, so that later on, he couldn't tell me he didn't know. Now, where is that? Mr. Odio: That's right. He did say that and... Mr. Eduardo Rodriguez: Yeah, he said that. Commissioner Dawkins: Well, where is it? Mr. Odio: Wait, you're right Commissioner... Commissioner Dawkins: But, see, I say things Mr. Manager, and don't nobody hears me. Where is it? Commissioner Plummer: Then bring it back at the next meeting. Vice Mayor Gort: Excuse me. Mr. Odio: You are right. I would... No, we'll lose the deposit if we have that... Mr. Rodriguez: We have deposit money. Commissioner Dawkins: Well, give him his deposit back. If he wants it that bad, he could buy it again. Commissioner Plummer: That's it. That's it. Mr. Odio: OK, fine. Commissioner Plummer: Mr. Vice Mayor. Vice Mayor Gort: Excuse me. Commissioner Dawkins: Land don't spoil. Mr. Odio: He's right. Commissioner Dawkins: It will not spoil. The land will sit there. Mr. Odio: He's right. He's right. END OF DISCUSSION -- NO ACTION TAKEN 130 July 11, 1996 ---------------------------------------------------------------------------------------------------------------- 47. (A) DISCUSSION CONCERNING NEGOTIATIONS BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE PANTHERS RELATIVE TO A LEASE RENEWAL FOR THE PANTHERS AT THE MIAMI ARENA. (B) DEFER CONSIDERATION OF APPOINTMENTS TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) BOARD UNTIL THE MEETING OF JULY 25, 1996. Commissioner Plummer: Mr. Vice Mayor. Vice Mayor Gort: OK. Yes. Commissioner Plummer: I asked Commissioner Carollo... I don't know if all of you have had the same heat that I've had about this that appeared in the paper yesterday, about the Panthers being evicted, and all I'm asking is if Commissioner Carollo can give us a report, so that we'll be able to answer the people that are calling our office screaming and hollering. (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Commissioner Plummer: You ain't got a board yet? Unidentified Speaker: No. Commissioner Plummer: Let me... Joe, let me ask a question aside from this. Commissioner Carollo: I'm sorry, I was with some of the people that represent the Panthers on the phone right now. Commissioner Plummer: Didn't we appoint certain members to the board? Commissioner Carollo: Not yet, but... Let me explain this to you, J.L., without getting into details. I will... Commissioner Plummer: Just send me a report. Commissioner Carollo: Yeah, I will send you a report as to - and each of the members of the Commission - as to what our position is. We... (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Commissioner Plummer: Wait, wait, wait. Excuse me, Joe, excuse me. What do you mean, "no"? He can't send me a memo that is a public record? A. Quinn Jones, III, Esq. (City Attorney): No. Commissioner Plummer: Why? Mr. Jones: Because that's communication between two Commissioners. Commissioner Carollo: Well, Quinn I tell you what, I'll send it to you and you can send it to them. 131 July 11, 1996 Mr. Jones: Send it to me and I'll send it to them. Commissioner Carollo: OK? Mr. Jones: OK. Commissioner Carollo: Fine. I don't agree with you but... Commissioner Plummer: That is stupid. Commissioner Carollo: Well... Mr. Jones: That's the law. Your brother helped write it. Commissioner Carollo: You know, let me just make it quick J.L. In fact, we don't have to send a report. I'll tell you where we're at. It is their full intention to negotiate a new lease with the Panthers. Commissioner Plummer: That's what I thought. Commissioner Carollo: That's the bottom line. The article, whatever it says there, that we're going to pull the rug from under their feet, supposedly, at midnight Monday, that is not so. Whoever wrote that article, did not speak to me about it. If he would have, I would have clarified it. I left him a message yesterday on his answer machine at The Miami Herald. There are some areas that we need to discuss with the Panthers, because, frankly, they were the ones that made it clear to us that they were not interested back in... last year sometime, I think June... Commissioner Plummer: I remember. Commissioner Carollo: ... in negotiating an extension with us. Commissioner Plummer: OK. Commissioner Carollo: Therefore, our position is that, you know, they're the ones that said no to the license, but nevertheless, we want to negotiate with them to give them an extension. The other problem that we had was that we were told by Leisure Management - and we have it in letters - that we would be involved - the Sports Authority - in all negotiations of the new lease extension with the Panthers. We were never included in any such negotiations. And then at the last second, in a form that was not proper or right, we got a hold of the extension that had been signed by them, without our participation in the process. Vice Mayor Gort: I got two pocket items. Yeah, two. Tell people not to leave. Commissioner Carollo: So what we're saying to them is that we need to sit down. We need to negotiate this. We will do so, and we hope to have a mutually agreed upon agreement with the Panthers, so they can play additional years in the Miami Arena. And if their arena in Broward County is not built for whatever reasons, we hope to keep them here. Commissioner Plummer: The only thing, the other question I have, I thought we did appoint some members to the board. Commissioner Carollo: Not yet, J.L. That has not been done. 132 July 11, 1996 Vice Mayor Gort: No, we haven't. Commissioner Carollo: Yeah. Commissioner Plummer: All right. When are we going to do it? Commissioner Carollo: Whenever the Manager would like to place it on the agenda, when, you know... Mr.Odio: (Unintelligible.) Commissioner Plummer: Well, excuse me. You know the way we operate, I don't know about the bylaws... Commissioner Carollo: I'm not getting involved in the midst of that, you know. I'm ready to go. Commissioner Plummer: I understand that. The bylaws - I don't know about in the Sports Authority - anyone that is appointed serves until their successors have been... Commissioner Carollo: No, no. Commissioner Plummer: That's not the case? Commissioner Carollo: Not with the action that we took before, J.L. Mr. Jones: No. You disbanded the... Vice Mayor Gort: We did away with that. Commissioner Carollo: Frankly, you guys got me in this mess, you know, so I hope you find a way to get me out of it. Commissioner Dawkins: I'm prepared to appoint a temporary person, right today. I mean... Commissioner Plummer: So am I. Commissioner Dawkins: I mean, hey, I'm prepared to appoint a temporary person now. Commissioner Plummer: Are you, Willy? Vice Mayor Gort: Yeah, a hundred percent. I have no problem. Commissioner Plummer: I'm ready to make appointments. Commissioner Carollo: I would be happy if you all would. Commissioner Dawkins: OK? All right. Mr. Jones: It's not to brag about. Commissioner Carollo: Excuse me? Vice Mayor Gort: Let me ask you a question. 133 July 11, 1996 Mr. Odio: No, no, no. To appointment someone... I'm not a lawyer. Vice Mayor Gort: Excuse me. Mr. Odio: I'm not a lawyer. And it's for one year. Commissioner Plummer: That's correct. Mr. Odio: You cannot appoint a temporary, Commissioner. Let me... be careful. Commissioner Dawkins: Oh, well, I'll put the same one I had then. So what? So what? But, you see, I hear Plummer, and nobody don't seem to hear. We don't have a board, so therefore, what we're doing is not legal. Commissioner Carollo: No, no, no, no. Commissioner Dawkins: Mm-hmm. See, all we've got is a Chairperson. Mr. Odio: No, but the only actions that have been taken, that I know of, are by lawyers. Commissioner Carollo: Yeah, that's right. Commissioner Dawkins: Yeah, but, I'm saying though, there's going to come a time... Commissioner Plummer: (Unintelligible.) Commissioner Dawkins: There's going to come a time when you need a vote, Joe, with a board. You got to have a board. Commissioner Carollo: Well, you've got an Executive Director, J.L., that's been the one that's - according to the bylaws - making the decisions, which he would normally otherwise. Commissioner Plummer: No, that is not... The Executive Director, if there was a board in place... Commissioner Carollo: J.L., we need that in place. And the sooner that we could name the other members, the happier we'll be. That's why I said if you got your names, let's do it now. Commissioner Dawkins: OK. OK. Commissioner Plummer: I proffer the name of Bob Ratiner. Mr. Odio: Who? Commissioner Plummer: Bob Ratiner. Commissioner Dawkins: His son-in-law. You know who it is. Commissioner Carollo: I second that motion. Commissioner Dawkins: All right, I third it. OK, I put Tyrone Williams back. Commissioner Plummer: Very good man. 134 July 11, 1996 Vice Mayor Gort: We need to inform the City Clerk, what's taking place is the appointments of the Sports Authority members. Commissioner Plummer: He knows what's going on. Mr. Odio: May I bring back... Vice Mayor Gort: She's asking over there. Mr. Odio: Commissioner, may I bring back on July 25th, an official... Vice Mayor Gort: I think you have to publicize this, don't you? Mr. Odio: ... appointments? Commissioner Plummer: No, you don't have to publicize it. Mr. Odio: You don't? Commissioner Plummer: Let's do it. We've been deferring it and deferring it. Vice Mayor Gort: OK. Commissioner Dawkins: Say what, now? What are you going to do here? Commissioner Plummer: We're going to do it. Mr. Odio: We're going to do it right on July 25th, bring it back. Commissioner Dawkins: On July 25th? That's good. Mr. Odio: Let's do it that way, Commissioner. Vice Mayor Gort: Bring it back on the 25th. Commissioner Dawkins: OK. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 48. WAIVE FEES RELATED TO THE '96 AMERICA'S SOCCER INTERNATIONAL WORLD DIVISION SOCCER GAME SPONSORED BY THE AMERICAN SOCCER INTERNATIONAL ORGANIZATION (SOCCER BENEFIT CONDUCTED BY WORLD VISION), TO BE HELD AT THE ORANGE BOWL. Vice Mayor Gort: I've got two pocket items, guys. Commissioner Plummer: Oh, I'm sorry. Vice Mayor Gort: Please. 135 July 11, 1996 Commissioner Plummer: Go. Vice Mayor Gort: One of them is... you have it in front of you. it's the... I'd like to bring this pocket item and request of the waiver of fees for the use of the Orange Bowl in the amount of five thousand dollars ($5,000) for the American Soccer International Organization. All the benefits that come out of this will go for the World's Vision, which is the people that take care of kids throughout the world. Commissioner Plummer: Second the motion. Vice Mayor Gort: You make the motion? You second? Commissioner Dawkins: Yeah, I second. No problem. Vice Mayor Gort: OK. Commissioner Dawkins: No, he said he seconds it. I thought you made it. Vice Mayor Gort: All in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-538 A RESOLUTION RELATED TO THE SOCCER BENEFIT, CONDUCTED BY WORLD VISION, TO BE HELD AT THE ORANGE BOWL ON OCTOBER 2, 1996; WAIVING ALL WAIVABLE FEES AS PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN AN AMOUNT NOT TO EXCEED $5,000; SAID WAIVER CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. 136 July 11, 1996 (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 49. GRANT REQUEST BY FERNANDO GONZALEZ FROM "VECINOS EN ACCION, FOR A PLAQUE IN A CITY OF MIAMI PARK ON BEHALF OF THE CHILD BERNABE RAMIREZ, MURDERED IN LITTLE HAVANA IN RIVERSIDE PARK. Vice Mayor Gort: The second one is, I have a request from Mr. Fernando Gonzalez from "Vecinos En Accion" requesting to allow a plaque to be placed in the City of Miami park - that's the park on... Riverside Park on 7th, 8th Avenue - on behalf of Ber Nabe Ramirez, who was the child that was murdered in the streets of Little Havana in that little park. They want to put a little angel there with the plaque in his behalf. Commissioner Plummer: Move it. Commissioner Dawkins: Second. Vice Mayor Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor, state so by saying "aye." The Commission (Collectively): Aye. 137 July 11, 1996 1\ The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-539 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOW VECINOS EN ACCION TO PLACE A PLAQUE IN MEMORY OF BERNABE RAMIREZ, A CHILD MURDERED IN THE STREETS OF LITTLE HAVANA, IN RIVERSIDE PARK; SAID AUTHORIZATION CONDITIONED UPON VECINOS EN ACCION (1) PAYING FOR ALL COSTS ASSOCIATED WITH THE PLACEMENT OF SAID PLAQUE AND (2) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Thank you. You all have a good weekend, now. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 12:04 p.m. WIFREDO GORT VICEMAYOR ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 138 July 11, 1996