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Home My WebLink AboutCC 1996-10-10 Minutesli r f OF ZING HELD �4 OCTOBER 19, 1996 REGULAR '"�-- PREPARED BY THE OFFICE OF THE CITY CLERKC II TY HALL WALTER J. FOEMAN CITY CLERK �i ITEM SUBJECT NO. 1. 2. 3. PRESENTATIONS / PROCLAMATIONS -- DISCUSSION 1 ELIZABETH GROTHE DAY -- ON MRS. 10/10/96 g' ELIZABETH GROTHE'S 100TH BIRTHDAY. r,. (A) AUTHORIZE/DIRECT MANAGER TO R 96-703 2-9 USE ORDER, NOT TO EXCEED THIRTY M 96-704 t MILLION DOLLARS ($30,000,000) IN 10/10/96 '. CONNECTION WITH TAX ANTICIPATION NOTES -- FURTHER, ENGAGE COUNSEL OF JANET O'BRIEN OF ECKERT, SEAMANS, CHERIN & MELLOTT. (B) AUTHORIZE/DIRECT MANAGER TO 4 NEGOTIATE EXTERNAL AUDITING FIRMS KPMG PEAT MARWICK AND ARTHUR r ANDERSEN & CO. FROM PRIOR YEAR 1994 SELECTION PROCESS -- IF { INITIATIVE FAILS, BRING BACK TO ! CITY COMMISSION FOR FURTHER CONSIDERATIONS -- FURTHER DIRECT CITY ATTORNEY TO INCLUDE LANGUAGE THAT WILL KEEP COMMISSION INFORMED AT ALL TIMES -- FURTHER q DIRECT MANAGER TO WAIVE i COMPETITIVE BIDDING PROCESS AS MORE FULLY OUTLINED IN CALL FOR I, FISCAL EMERGENCY. (C) DIRECT ADMINISTRATION BY j COMMISSIONER PLUMMER: REQUEST INFORMATION OUTLINING KEY 1 DISCUSSION ITEMS CONCERNING i MEETING BETWEEN MAYOR CAROLLO,' CITY MANAGER STIERHEIM AND DADS LEGISLATIVE DELEGATION IN CONNECTION WITH STATE REVENUE SHARING/GASOLINE TAX REVENUES AND OTHER REVENUE SOURCES NEEDED TO r. HELP BALANCE CITY OF MIAMI BUDGET. CONSENT AGENDA DISCUSSION 10-12 10/10/96 . k 1 3.1 ACCEPT BID: BOWNE OF MIAMI, R 96-705 13 INC. -- FOR PRINTING / BINDING 1 10/10/96 SHIPPING OF OFFICIAL STATEMENTS FOR BOND FINANCING -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTER, z GRAPHICS DIVISION -- ALLOCATE FUNDS ($21,476.70, FINANCE DEPARTMENT ACCOUNT CODE NO. 269901-680, PROJECT 311028) ORGANIZATIONS THAT FUNDING REQUEST MUST GO TO THE ADMINISTRATION PRIOR TO APPEARING BEFORE THE COMMISSION. 3.2 ACCEPT BID: BEST'S MAINTENANCE & R 96-706 14 JANITORIAL SERVICE, INC., FOR 10/10/96 } CUSTODIAL SERVICES FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, MANUEL ARTIME COMMUNITY CENTER -- ALLOCATE FUNDS ($40,540, MANUEL ARTIME COMMUNITY CENTER ACCOUNT CODE 350509--340, PROJECT 450001). 3.3 ACCEPT BID: WESTINGHOUSE R 96-707 14; INTELLIGENCE DEVICES, INC., FOR 10/10/96 UNITIZED MICROWAVE VIDEO -- FOR DEPARTMENT OF POLICE -- ALLOCATE FUNDS ($10,495, HAITIAN NARCOTICS s GRANT, PROJECT 110060, ACCOUNT: CODE 290473-840). f 3.4 DISCLAIM ANY INTEREST IN A R 96-708 F 15 1 PORTION OF UNPLATTED ALLEY OWNED 10/10/96 BY METROPOLITAN DADE COUNTY -- LOCATED NORTH OF AND PARALLEL TO F NORTHEAST 31 STREET, EAST OF NORTHEAST 7 AVENUE. 3.5 ESTABLISH SPECIAL R 96-709 15 CHARGES/TERMS/CONDITIONS FOR USE 10/10/96 OF ORANGE BOWL STADIUM BY INTERNATIONAL SOCCER TOUR, INC., -- FOR PRESENTATION OF INTERNATIONAL SOCCER TOUR '96 ON OCTOBER 26, 1996 -- EXECUTE AGREEMENT BETWEEN CITY OF MIAMI AND INTERNATIONAL SOCCER TOUR, INC. SUBJECT TO ORGANIZERS OBTAINING INSURANCE TO PROTECT CITY. i _i �i 3.6 ACCEPT $100,000 GRANT FROM U.S. R 96-710 ENVIRONMENTAL PROTECTION AGENCY 10/10/96 (EPA) REGION IV -- FOR REGIONAL BROWNFIELDS DEMONSTRATION PILOT -- FOR REHABILITATING PARCELS OF LAND IN WYNWOOD FOR COMMERCIAL/INDUSTRIAL DEVELOPMENT. 4. DISCUSS/DEFER CONSIDERATION OF DISCUSSION REQUEST FROM BRUCE WILSON FOR 10/10/96 PERMIT TO PLACE A MUSIC BAND ON PARKING SPACES ADJACENT TO TAURUS RESTAURANT. 5. DISCUSS BRIEFLY AGENDA ITEM 39 DISCUSSION (ACCEPT BID OF INTERAMERICAN 10/10/96 PROTECTIVE SERVICES) -- MAYOR CAROLLO DIRECTS ADMINISTRATION TO BID ALL SECURITY GUARD CONTRACTS AT ONE TIME IN ORDER TO BE MORE COST EFFECTIVE. (See label 7 and 50) 6. DISCUSS/DEFER TO OCTOBER 24, DISCUSSION 1996 -- NOMINATION TO PERFORMING 10/10/96 ARTS CENTER TRUST (PACT) -- COMMISSIONER PLUMMER EXPRESSES INTENT TO RESIGN AS MEMBER OF PACT. 7. DISCUSS/TABLE CONSIDERATION OF DISCUSSION BID FROM INTER-AMERICAN 10/10/96 PROTECTIVE SERVICES FOR SECURITY GUARD SERVICES CITYWIDE. (See label 5 and 50) 8. DISCUSS/DEFER TO AFTERNOON DISCUSSION SESSION APPOINTMENTS TO INSURANCE 10/10/96 BROKER SELECTION COMMITTEE -- COMMISSIONER PLUMMER REAPPOINTS RON WILLIAMS. (See label 80) 9. DISCUSS BRIEFLY/DEFER UNTIL DISCUSSION BEGINNING OF 1997 FORMATION OF 10/10/96 CHARTER REVIEW COMMITTEE -- DISTRICT ELECTIONS -- STRONG MAYOR -- PROCEDURE TO FIRE CITY MANAGER. 16 16-18 18-19 19-21 21-24 25-26 26-27 a q S ?' 10. DISCUSS FORMATION OF BUILDING AND DISCUSSION 27-29 ZONING COMMITTEE WITH MAIN 10/10/96 PURPOSE BEING TO EXPEDITE PROCESS OF BUILDING PERMIT -- RECOMMENDED FIVE MEMBERS FROM OUTSIDE CITY GOVERNMENT BY COMMISSION MEETING j OF OCTOBER 24, 1996. 4 11. DESIGNATE MIAMI DADE CRIMINAL R 96-711 29-30 JUSTICE COUNCIL AS REQUIRED 10/10/96 ADVISORY BOARD FOR LAW { ENFORCEMENT BLOCK GRANT PROJECT. 12. (A) DISCUSS / CONTINUE TO M 96-712 30-37 SCHEDULED MEETING OF OCTOBER 24, 10/10/96 1996 -- AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT i FOR BOATYARD FACILITY / ANCILLARY MARINE -RELATED RETAIL I FOOD SERVICE / RECREATIONAL USE ON APPROXIMATELY 6.6 ACRES OF CITY - OWNED WATERFRONT PROPERTY -- AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY -- INCLUDE OPTION FOR DEVELOPMENT OF ADDITIONAL 21.448 ACRES OF CITY -OWNED PROPERTY KNOWN AS RICKENBACKER MARINA -- AT 3301 RICKENBACKER CAUSEWAY FOR MARINA / BOATYARD / ANCILLARY MARINE -RELATED RETAIL / FOOD SERVICE / RECREATIONAL USAGE. (B) COMMENTS BY STATE REPRESENTATIVE CARLOS LACASA REGARDING APPOINTMENTS TO BOARDS DEALING WITH FUNDS FOR DOWNTOWN AREA AND THE COMMUNITY REDEVELOPMENT AGENCIES. 13. RATIFY / APPROVE / CONFIRM R 96-713 37-38 I EMERGENCY FUNDING -- WAIVE 10/10/96 COMPETITIVE SEALED BIDS -- APPROVE LEASING ONE TSE FORKLIFT FROM GALLO FORKLIFT OF FLORIDA FOR DEPARTMENT OF CONFERENCES I - CONVENTIONS / PUBLIC FACILITIES -- ALLOCATE FUNDS ($34,800, CODE 350508-610, j PROJECT 402003). z' l' 1 14. RATIFY / APPROVE / CONFIRM R 96-714 38-39 EMERGENCY FUNDING -- WAIVE 10/10/96 1 COMPETITIVE SEALED BIDS -- APPROVE EMERGENCY REPAIR OF ROOF ON WEST END PARK POOL BUILDING ' PRIOR TO BEGINNING SUMMER POOL SEASON BY EDDY'S ROOFING -- ALLOCATE FUNDS ($14,900 SPECIAL PROGRAMS AND ACCOUNTS, INDEX 921002-70). 15. FORWARD RELEVANT LEGISLATION DISCUSSION 39-40 CONCERNING FUNDING OF DESIGNATED 10/10/96 , CITY PROJCTS TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) TO ASCERTAIN POSSIBLE FUNDING BY MSEA FOR ITEMS DEALING WITH SPORTS / RECREATION. (See label 13 and 14) 16. (A) INCLUDE THE ADMINISTRATION DISCUSSION 40-44 RECOMMENDATION OF APPROVAL OR 10/10/96 DENIAL OF PERSONAL APPEARANCE ITEMS ON FUTURE AGENDAS. (B) FUNDING REQUEST DENIED TO ANDRE AND PATRICIA CAMPO (AYESHA) VARIETY AND FRAGRANCE SALES COMPANY. 17. REQUIRE COLLATERAL BE POSTED BY M 96-715 45-53 MR. MARTIN S. TRITT (D/B/A WATSON 10/10/96 ISLAND FUEL AND SUPPLY) IN AMOUNT EQUAL TO WHAT HE OWES THE CITY (INCLUDING CURRENT DEBT PURSUANT TO 1994 AUDIT, PLUS CURRENT AMOUNT OWED FROM 1995) WITH INTEREST -- IF AFOREMENTIONED j ARRANGEMENT FOR PAYMENT DUE THE CITY IS UNSUCCESSFUL, DIRECT CITY ATTORNEY TO TAKE LEGAL RECOURSE. 18. PERSONAL APPEARANCE: MS. SONDRA DICUSSION 53-54 WALLACE REQUEST FOR FUNDS FOR 10/10/96 i HEAD START PARADE / FESTIVAL, OCTOBER 19, 1996 -- REQUEST - DENIED. t r, I j i l i f( E F 1 i 1i 19. PERSONAL APPEARANCE: MS. NORA HERNANDEZ HENDRIX CONCERNING RE- ESTABLISHMENT OF CITY RESIDENCY REQUIREMENTS FOR CITY WORKERS -- EXPLORE ESTABLISHMENT OF COMPUTER FEE FOR ALL NONCITY RESIDENT WORKERS -- CONSIDER RESIDENCY OF ALL NEW HIRES -- DEPARTMENT DIRECTORS / ADMINISTRATORS BE GIVEN TWO ( 2 ) YEARS TO MOVE INTO CITY OF MIAMI. 20.. COMMISSIONER PLUMMER INQUIRES WHY REFURBISHMENT OF POLICE DEPARTMENT VEHICLES DOES NOT SHOW CITY AUTO REPAIR (LOCAL) VENDORS. (See label 52) 21. SCHEDULE PUBLIC HEARING DECEMBER 12, 1996 FOR APPROVAL OF NAME CHANGE OF FLAGLER MINI TERRACE PARK / CODESIGNATION OF FIVE (5) STREETS ADJACENT TO PARK AT S.W. 3 STREET AND 55 AVENUE ROAD (HOWARD F. ANDERSON WAY). 22. CHANGE FROM NOVEMBER 21, 1996 TO OCTOBER 24, 1996 TO HEAR MR. BRUNO CARNESELLA REGARDING FARMER'S MARKET AT GRAND AND MCDONALD IN COCONUT GROVE. (3240 Florida Avenue) 23. DENY MIAMI BOOK FAIR INTERNATIONAL REQUEST FOR FEE WAIVERS FOR NOVEMBER 17-24, 1996 EVENT. 24. PERSONAL APPEARANCE: MR. SELMAN LEWIS, PRESIDENT OF CARIBBEAN AMERICAN CARNIVAL, REQUEST FOR RENTAL FEE WAIVER FOR OCTOBER 10- 12, 1996 EVENT AT COCONUT GROVE EXHIBITION CENTER -- REQUEST DENIED. 25. APPROVE LAW FIRM OF SWEETAPPLE, BROEKER & VARKAS AS OUTSIDE LEGAL COUNSEL IN CONNECTION WITH NUISANCE ABATEMENT BOARD LAWSUIT OF CYNTHIA JORDAN ET AL. VS. CITY OF MIAMI. ON M 96-716 10/10/96 DISCUSSION 10/10/96 M 96-717 10/10/96 M 96-718 10/10/96 DISCUSSION 10/10/96 DISCUSSION 10/10/96 R 96-719 10/10/96 54-69 69-71 71-74 74-81 m. M. s [A 26. EMERGENCY ORDINANCE: AMEND E ORDINANCE 87-94 SECTION V OF 11337 (CAPITAL 11402 IMPROVEMENTS APPROPRIATIONS 10/10/96 ORDINANCE) -- INCREASE APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT 418402 MERRILL STEVENS GROUNDS 7 PARKING AREA (PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE) -- FROM $110,400 TO $249,400 -- MAYOR REQUEST DEPARTMENT OF OFF-STREET PARKING AND OTHER CITY AGENCIES TO ASSIST CITY FINANCIALLY USING FUND BALANCE. 27. (A) ACCEPT BID: P.N.M. R 96-720 95-96 CORPORATION -- FOR MERRILL 10/10/96 STEVENS GROUNDS AND PARKING AREA 7 (H-1091) AKA DINNER KEY RECREATIONAL FACILITY PARKING LOT AREA (PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE) -- ALLOCATE FUNDS ($246,594.30, FROM DSR 03041, PROJECT 418402 AS APPROPRIATED BY FY'95-96 CIP ORDINANCE 11337. (B) INCLUDE IN AGENDA NAMES OF PRINCIPALS OF CORPORATION BEING AWARDED CITY CONTRACTS -- ALSO LIST LAS FIVE CONTRACTS SAID CORPORATION HAD WITH CITY. 28. AUTHORIZE MANAGER TO EXECUTE R 96-721 96-98 AGREEMENT WITH OFF-STREET PARKING 10/10/96 (DOSP) FOR MANAGEMENT / OPERATION OF PARKING LOTS LOCATED AT COCONUT GROVE CONVENTION CENTER, NORTHEAST CORNER OF PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE -- s WITH DOSP CONTRIBUTING UP TO $65,000 TOWARD CONSTRUCTION -- DISCUSS USE OF TROLLEY SERVICE FROM PARKING LOTS TO DOWNTOWN COCONUT GROVE -- DISCUSS USE OF 8-HOUR PARKING METERS AND DECAL PARKING FOR LOTS. ti 29. SECOND READING ORDINANCE: AMEND ORDINANCE 98-100 SECTION 2-452 OF CODE (TERM OF 11403 OFFICE OF MEMBERS OF OVERTOWN 10110/96 ADVISORY BOARD) PROVIDE THAT MEMBERS SERVE FOR ONE (1) YEAR. t 1 F i 30. SECOND READING ORDINANCE: AMEND ORDINANCE 100-103 ARTICLE IV, CHAPTER 54, SECTION 11404 54-84 OF CODE (NAMES OF DRIVES 10/10/96 i AND ROADS) -- CHANGE NAME OF s SOUTH BAYSHORE DRIVE BETWEEN SOUTHEAST 8TH STREET AND SOUTHEAST 15TH ROAD TO BRICKELL BAY DRIVE. 31. AMEND ARTICLE IV, CHAPTER 54, ORDINANCE 103-105 SECTION 54-91 OF CODE (STREET 11405 CODESIGNATION) -- AMEND CRITERIA 10/10/96 FOR STREET CODESIGNATION TO PROVIDE THAT NUMBERED STREETS SHALL NOT BE CODESIGNATED WITH NAMES OF LIVING INDIVIDUALS -- DISCUSSION CONCERNING NAMES OF STATE ROADS. 32. SECOND READING ORDINANCE: AMEND ORDINANCE 105-106 CAPITAL IMPROVEMENTS ORDINANCE 11406 11337 -- CONTINUE/REVISE 10/10/96 PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS -- ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN FY°95-96 FOR SHENANDOAH, CURTIS, CORAL GATE AND KINLOCH PARKS. 33. SECOND READING ORDINANCE: AMEND ORDINANCE 106-107 SECTION 37-59 OF CODE -- REPEAL 11407 SAID SECTION IN ITS ENTIRETY -- 10/10/96 REPLACE IT WITH NEW SECTION 37-59 (PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION, LEWDNESS; SOLICITING OR MANIFESTING AN INTENT TO SOLICIT PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION OR LEWDNESS). { 34. SECOND READING ORDINANCE: ORDINANCE 107-108 ESTABLISH NEW SPECIAL REVENUE 11408 FUND (SOLID WASTE REDUCTION: 10/10/96 RECYCLING AND EDUCATION (FY`97] APPROPRIATE $464,814 FOR DEVELOPMENT/IMPLEMENTATION OF SAME IN ACCORD WITH F.S. 403.706(4) -- CONSISTING OF RECYCLING PROGRAM GRANT FROA4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION IN ACCORD WITH STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE s 17-716 AND F.S. 403-7095. 35. FIRST READING ORDINANCE: AMEND ORDINANCE 108-110 CHAPTER 30, ARTICLE 1, SECTION FIRST 30-2 OF CODE (USE OF COMMUNITY READING BUILDINGS, BANDSHELL, ETC.) -- 10/10/96 FOR PURPOSE OF UPDATING CONDITIONS AND ADJUSTING RENTAL FEES FOR SHOWMOBILE, BLEACHERS, PUBLIC ADDRESS SYSTEM -- FURTHER i AMEND CHAPTER 38, ARTICLE 1, SECTION 38-7 (FEES FOR USE OF JAPANESE GARDEN AT WATSON PARK AND ALL CITY PARKS FOR WEDDINGS/SOCIAL FUNCTIONS) TO GENERALLY FORMALIZE/ADJUST FACILITY RENTAL FEES CHARGED FOR ` USE OF ALL CITY PARKS FOR SPECIAL EVENTS/SOCIAL FUNCTIONS. 36. AUTHORIZE MANAGER TO EXECUTE R 96-722 110-111 AGREEMENT WITH MARK S. ISRAEL, 10/10/96 WASHINGTON REPRESENTATIVE -- TO PROVIDE CITY WITH WEEKLY WASHINGTON OFFICE REPORT -- ALLOCATE FUNDS ($4,800) FROM LEGISLATIVE LIAISON FUND ACCOUNT. 37. APPROVE MOTION FOR COMMISSIONERS M 96-723 111-112 TO SUBMIT APPOINTMENTS TO CITY 10/10/96 CLERK FOR REVIEW COMMITTEE TO EVALUATE/RANK PROPOSALS IN RESPONSE TO REQUEST FOR PROPOSALS (RFP) FOR LEASE / MANAGEMENT / OPERATION OF A RESTAURANT AT 1000 SOUTH MIAMI AVENUE (CITY -OWNED PROPERTY KNOWN AS FIRE HOUSE 4). (See label 77 and 78) 38. DISCUSS / DEFER CONSIDERATION DISCUSSION 113-115 OF AGENDA ITEM 32 REQUEST FOR 10/10/96 CDBG FUNDS $673,100) FOR SIX (6) NOT -FOR -PROFIT ORGANIZATIONS -- I TO IMPLEMENT PHYSICAL IMPROVEMENT PROJECTS.) -- ADMINISTRATION TO STUDY WAYS OF USING FUNDS TO COVER CITY'S OWN PHYSICAL IMPROVEMENT NEEDS. i - j �i i s 39. APPROVE CITY REVISED AFFORDABLE. R 96-724 115-116 HOUSING INCENTIVE PLAN PURSUANT 10/10/96 f TO IMPLEMENTATION OF STATE OF } FLORIDA HOUSING INITIATIVES i PARTNERSHIP (SHIP) PROGRAM -- AUTHORIZE MANAGER TO SUBMIT SAID PLAN FOR REVIEW / APPROVAL BY STATE OF FLORIDA HOUSING FINANCE AGENCY. 40. AUTHORIZE MANAGER TO EXECUTE R 96-725 117-118 LEASE AGREEMENT BETWEEN CITY AND 10/10/96 f BAYVIEW ASSOCIATES INC. -- FOR LEASING 6,164 SQUARE FEET OF OFFICE SPACE AT DUPONT PLAZA CENTER, 300 BISCAYNE BOULEVARD WAY -- FOR EIGHT MONTHS -- j ALLOCATE FUNDS ($45,202.64 FROM 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, INDEX CODE 452163, PROJECT 799626). 41. APPROVE DESIGNATION OF WIND & R 96-726 118-120 RAIN, INC. (PROJECT SPONSOR) TO 10/10/96 DEVELOP SIX (6) NEW SINGLE FAMILY, LOW I MODERATE INCOME AFFORDABLE HOUSING ON FIVE (5) CITY -OWNED VACANT PARCELS IN COCONUT GROVE NEIGHBORHOOD -- DIRECT PROJECT SPONSOR TO FINALIZE PLANS / SPECIFICATIONS / CONSTRUCTION SCHEDULE FOR COMPLETION WITHIN TWELVE (12) MONTHS FROM DATE OF CONVEYANCE, ESTABLISHING $24,900 AS REIMBURSEMENT AMOUNT TO BE PAID BY WIND & RAIN, INC. TO CITY OF MIAMI -- FURTHER ESTABLISH $80,990 AS MAXIMUM SALE PRICE. G i 42. TABLE CONSIDERATION OF SECURITY DISCUSSION 121 z f GUARD SERVICES FROM INTER- 10/10/96 AMERICAN PROTECTIVE SERVICES.. (See labels 5, 7 and 50) i ` 43. ALLOCATE $18,000 FROM FY196-97 R 96-727 121-123 BUDGET OF CIVIL SERVICE OFFICE, 10/10/96 i ACCOUNT 240101-250, FOR PAYMENT TO SPECIAL COUNSEL FOR CIVIL M SERVICE BOARD (INCLUDING POSSIBLE LITIGATION). 1 4 1 44. AUTHORIZE SETTLEMENT (WITH R 96-728 123-124 EXHIBITS): OVERTOWN VENTURES, 10/10/96 INC. TO RESOLVE PENDING LITIGATION AND ARBITRATION -- CASE NO. 94-13825 CA 02, ND AAA ARBITRATION, CASE NO. 32 115 00122 95 BB. 45. ALLOCATE $18,000 FROM FY'96-97 R 96-729 124-125 BUDGET OF HEARING BOARDS OFFICE, 10/10/96 ` ACCOUNT 560602-250, PROJECT 421001, FOR PAYMENT TO SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD (INCLUDING POSSIBLE LITIGATION). 46. ALLOCATE $18,000 FROM FY'96-97 R 96-730 125-127 r BUDGET TO SPECIAL COUNSEL FOR 10/10/96 NUISANCE ABATEMENT BOARD (INCLUDING POSSIBLE LITIGATION). 47. AUTHORIZE INCREASE OF $17,726.58 R 96-731 127-128 FROM $511, 949 TO $529, 675.58 IN 10/10/96 CONTRACT BETWEEN CITY AND PING- FONTICIELLA CONSTRUCTION CORPORATION FOR ALLAPATTAH - COMSTOCK RECREATION BUILDING, B- 3248 -- (CAPITAL IMPROVEMENT 331309). 48. APPROVE 1/2 FUNDING (MINUS 150) R 96-732 128-133 FOR BELAFONTE TACOLCY CENTER, 10/10/96 INC. FOR IMPLEMENTATION OF SPORTS DEVELOPMENT PROGRAM FOR LIBERTY CITY. 49. ASSIGN COMMISSIONER DUNN AND R 96-732 133-143 TERESITA GYORI (STAFF) TO MEET R 96-733 WITH LUIS VALDES AND ANTHONY 10/10/96 RIVAS REGARDING MAINTENANCE AND ` OPERATION OF MAXIMO GOMEZ PARK -- ALLOCATE 1 / 12 FUNDING MINUS 15% TO LITTLE HAVANA DEVELOPMENT• AUTHORITY, INC. FOR PARK OPERATION / MANAGEMENT OF SAID PARK. i 4, li 50. ACCEPT BID: INTER-AMERICAN R 96-734 PROTECTIVE SERVICES 10/10/96 (HISPANIC/DADE COUNTY VENDOR) FOR FURNISHING OF SECURITY GUARD SERVICES TO VARIOUS CITY DEPARTMENTS AT A TOTAL ESTIMATED ANNUAL AMOUNT OF $175,000 FOR DEPARTMENT OF FINANCE -- INCLUDE LANGUAGE GUARANTEEING $6.00 PER HOUR FOR UNARMED GUARDS -- FURTHER REQUIREMENT OF DRUG TESTING VERIFICATION AS TERMS OF SAID AGREEMENT -- ALLOCATE FUNDS ($175,000, DEPARTMENT OF FINANCE AND FROM FY '96-97 OPERATING BUDGETS OF USING DEPARTMENTS). 51. ACCEPT BID: SUN CHEVROLET INC., R 96-735 ANGEL BUICK OLDSMOBILE, INC. AND 10/10/96 GRAND PRIZE MOTORS, INC. FOR FURNISHING OEM PARTS/REPAIRS FOR DEPARTMENT OF POLICE VEHICLES AND MOTORCYCLES -- ALLOCATE FUNDS ($120,000 PER YEAR FROM FLEET SERVICE CENTER GENERAL OPERATING BUDGET, ACCOUNT NO. 421701-670). 52. ACCEPT BID FROM LOCAL VENDORS: R 96-736 NU -WAY AUTO SERVICE / MOLINA 10/10/96 GARAGE / WORLD MOTOR CORP. / CRONY BODY SHOP FOR POLICE VEHICLES, BODY WORK REPAIR / REFURBISHMENT / PAINTING -- ALLOCATE FUNDS FROM FLEET SERVICE CENTER ACCOUNT 421701-702 -- FURTHER, READVERTISE FOR MORE LOCAL VENDORS -- RETURN BEFORE COMMISSION BY NOVEMBER 21, 1996 WITH ADDITIONAL NAMES. 53. ACCEPT BID: FLORIDA LEMARK R 96-737 CORPORATION ($66,900) -- FOR 10/10/96 WATERPROOFING CITY HALL EXTERIOR, H-1.093, -- ALLOCATE FUNDS ($73,008.60 TOTAL COST FROM I PROJECT 311926FINANCE NO. 11337) AS AMENDED ($37,650.60) AND FROM REPAIRS/MAINTENANCE ACCOUNT, CODE NO. 580701-670 ($29,250) AND $6,108.60 TO COVER ESTIMATED EXPENSES FOR $73,008.60 TOTAL COST. 144-151 151-155 156-159 159-160 [i I 54. NOMINATE INDIVIDUALS FROM WHICH R 96-738 i 161-163 SAID NOMINEES, THE BOARD OF 10/10/96 COUNTY COMMISSIONERS WILL SELECT TWO INDIVIDUALS FROM EACH NEIGHBORHOOD TO FEDERAL ENTERPRISE COMMUNITY COUNCIL: ANGEL GONZALEZ, CARLOS RODRIGUEZ- QUESADA, RALPH PACKINGHAM, GRADY MOHAMED, AND JOSH MORALES. 55. APPOINT IVONNE BACARISSE, HERB R 96-739 163-164 BAILEY AND ANITA RODRIGUEZ-TEJERA 10/10/96 ` TO AFFORDABLE HOUSING ADVISORY COMMITTEE. 56. APPOINT CLIFTON ADDISON TO MIAMI R 96-740 165-166 AUDIT ADVISORY COMMITTEE. 10/10/96 57. APPOINT MICHEL LUBIN TO BAYFRONT R 96-741 166-167 PARK MANAGEMENT TRUST. 10/10/96 58. APPOINT RICHARD BERKOWITZ AND R 96-742 167-168 VALRIA C. SCREEN TO BUDGET AND 10/10/96 FINANCES REVIEW COMMITTEE. 59. APPOINT DOROTHY QUINTANA, M 96-743 168-169 COMMISSIONER DUNN, IRBY MCKNIGHT 10/10/96 AND CONFIRM ELECTION OF MARIANO i CRUZ, FRANKIE S. ROLLE, ELEANOR KLUGER, FERNANDO GONZALEZ, z LORENZO JACKSON JR., AND BALAM WELCOME TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. 60. APPOINT FRANKIE ROLLE TO COCONUT R 96-744 169-170 GROVE STANDING FESTIVAL 10/10/96 COMMITTEE. 61. APPOINT JEAN WHIPPLE, ANNETT M 96-745 4 170-172 j EISENBERG, ROSIE GORDON WALLACE, 10/10/96 CLARA PORTER, NILSA VELASQUEZ, MARIE ROSY TOUSSAINT, SONIA YAHR- SCHNEIDA, PAULINE RAMOS, LUISA GARCIA-TOLEDO, POLA REYDBURD, CRYSTAL GRIGGS, NORA SWAN, JANET COOPERT, JANET LAUNCELOT, AND SHEILA ZEMSKY TO COMMISSION ON THE STATUS OF WOMEN. (See label 79) i #E S E� E [i 62. APPOINT AMANCIO SUAREZ, JOSE PEPE M 96-746 172-175 ALVAREZ, MEGAN KELLY, JOHNNY 10/10/96 WINTON, CASTELL BRYANT, GREGG BORGOGNONI, JEFF BERCOW, THOMAS POST, AN.NETTE EISENBERG, ELEANOR KLUGER, TIM PRUNKA AND MARK SMITH TO DOWNTOWN DEVELOPMENT AUTHORITY. (See label 65) 63. APPOINT COMMISSIONER DUNN AS R 96-747 175-176 CHAIRPERSON OF BOTH SOUTHEAST 10/10/96 OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (SOPW/CRA) AND OMNI COMMUNITY REDEVELOPMENT AGENCY (OMNI/CRA). 64. (A) AMEND 94-313, 95-509 AND 96- R 96-748 176-178 402 TO CORRECTLY REFLECT TERMS OF M 96-748.1 CERTAIN MEMBERS TO HEALTH 10/10/96 FACILITIES AUTHORITY. (B) CONFIRM APPOINTMENT OF MIKE DE CARDENAS AS MEMBER OF HEALTH FACILITIES AUTHORITY BOARD. 65. (A) RECONSIDER APPOINTMENT TO M 96-749 178-179 DOWNTOWN DEVELOPMENT AUTHORITY. R 96-749.1 (B) APPOINT AMANCIO SUAREZ, JOSE 10/10/96 PEPE ALVAREZ, MEGAN KELLY, JOHNNY WINTON, CASTELL BRYANT, GREGG BORGOGNONI, JEFF BERCOW, THOMAS j POST ANNETTE EISENBERG, ELEANOR KLUGER, MARK SMITH AND TIM ti PRUNKA TO DOWNTOWN DEVELOPMENT AUTHORITY. 66. APPOINT GARY SIPLIN, IBRAHIM R 96-750 179-180 MALKI-KAWA, RINGO CAYARD, ANTONIO 10/10/96 LLANO MONTES, JOHN GALE AND RICARDO NUNEZ-PORTUONDO TO INTERNATIONAL TRADE BOARD. r 67. APPOINT LUCRECIA MACHADO, MARIO R 96-751 180-181 PESTONIT AND ORLANDO NARANJO TO 10/10/96 LATIN QUARTER REVIEW BOARD. 68. APPOINT EDDY LACASA, MONIQUE R 96-752 181-183 mnvr_nn 7%AM Dnr rnTnn nVT rnnn Mn I { 70. APPOINT PEDRO ROIG TO PLANNING R 96-754 184-186 ADVISORY BOARD. 10/10/96 71. APPOINT DARRYL SHARPTON AND R 96-755 186-187 CARLOS DE ZAYAS TO PROPERTY AND 10/10/96 ASSET REVIEW COMMITTEE. 72. APPOINT ORVILL DWYER TO TAX - R 96-756 187-188 EXEMPT PROPERTY STEERING 10/10/96 COMMITTEE. 73. APPOINT WILLARD HART AND LORETTA R 96-757 188-190 ZHOU TONG TO BOARD OF DIRECTORS 10/10/96 OF THE UNITY COUNCIL OF MIAMI (TUCOM) -- APPOINT VICE -MAYOR GORT AS CHAIRPERSON. 74. APPOINT RICHARD BUNNELL, JAMES R 96-758 190-191 WELLINGTON, MIKE BRESCHER, PHIL 10/10/96 EVERINGHAM AND BOB LEWIS TO WATERFRONT ADVISORY BOARD. 75. APPOINT SHIELA ZEMSKY AS R 96-759 192 ALTERNATE MEMBER TO CODE 10/10/96 ENFORCEMENT BOARD. 76. (A) APPOINT MIGUEL SECO, KENNETH R 96-760 193-196 MERKER, JOSEPH RICHARDS AND RAUL M 96-760.1 RODRIGUEZ TO HISTORIC AND M 96-761 ENVIRONMENTAL PRESERVATION BOARD; 10/10/96 [AG2.23,96-760.1] FURTHER PROFFERING NAMES OF DOROTHY FIELDS AND CLYDE KILLENS FOR APPOINTMENT SUBJECT TO RECEIPT OF APPLICATION. (B) WAIVE RESIDENCY REQUIREMENT FOR RAUL RODRIGUEZ. 77. DISCUSS BRIEFLY APPOINTMENTS TO DISCUSSION 197 REVIEW COMMITTEE TO EVALUATE / 10/10/96 RANK REQUESTS FOR PROPOSALS (RFP) FOR RESTAURANT AT 1000 SOUTH MIAMI AVENUE (FORMERLY FIRE HOUSE 4) --(See label 37 and 80) 78. APPOINT PRESIDIANO FALCON TO R 96-762 197-198 CITYWIDE COMMUNITY DEVELOPMENT 10/10/96 ADVISORY BOARD. (See label 59) 79. APPOINT SALLY JUDE TO COMMISSION R 96-763 198-199 ON THE STATUS OF WOMEN -- SEE 10/10/96 LABEL 61. i �i 80. up 82. am ME Rps - F 1 (A) APPOINT MANNY ALONSO POCH AND R 96-764 200-202 LORETA COCHRAN TO REVIEW M 96-764.1 COMMITTEE TO EVALUATE REQUEST FOR 10/10/96 PROPOSALS (RFP) -- FOR LEASE / MANAGEMENT / OPERATION OF A RESTAURANT AT 1000 SOUTH MIAMI AVENUE (FORMERLY KNOWN AS FIRE HOUSE 4). (See labels 37 and 77) (B) COMMISSION TO SUBMIT NAMES TO CLERK OF APPOINTMENTS TO INSURANCE BROKER SELECTION REVIEW COMMITTEE. AUTHORIZE CITY MANAGER TO ACCEPT R 96-765 202-203 MONTHLY PAYMENTS NOT TO EXCEED 10/10/96 $36,000 FOR A THREE MONTH PERIOD FROM MIAMI CENTENNIAL ' 96 --- FOR REIMBURSEMENT FOR SALARIES / BENEFITS OF ASSIGNED CITY EMPLOYEES. AUTHORIZE EXTENSION OF CONTRACT R 96-766 203-204 WITH MARTIN'S LAMAR UNIFORM -- 10/10/96 FOR POLICE DEPARTMENT -- FOR $50,000. DENIED REQUEST BY SOUTH RIDGE DISCUSSION 204-207 HIGH SCHOOL (SRHS) FOR REDUCED 10/10/96 FEES AT THE ORANGE BOWL FOR SRHS FOOTBALL GAME. APPOINT MIRIAM MAER AS GENERAL R 96-767 207-208 COUNSEL FOR MIAMI SPORTS AND 10/10/96 ` EXHIBITION AUTHORITY (MSEA). APPOINT KENDALL COFFEY AS OUTSIDE R 96-768 208-210 COUNSEL FOR MIAMI SPORTS AND 10/10/96 EXHIBITION AUTHORITY (MSEA). PLUMMER BIDS FAREWELL TO DISCUSSION 210-211 CHRISTINA CUERVO-MIGOYA ON HER 10/10/96 DEPARTURE FROM CITY. GRANT REQUEST WITH CONDITIONS TO R 96-769 211-213 CARIBBEAN CARNIVAL ASSOCIATION -- 10/10/96 FOR PARKING ON WATSON ISLAND ON OCTOBER 13, 1996 FOR FESTIVAL -- $1,500. t 5 is MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the loth day of October, 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 9:19 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Tomas Regalado Commissioner Richard P. Dunn, 11 i Commissioner J.L. Plummer, Jr. ALSO PRESENT: Merrett Stierheim, City Manager Christina Cuervo, Assistant City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Commissioner Dunn, after which Mayor Carollo led those present in a pledge of allegiance to the flag. R t ------------------------------- ------------------------------ --------------------------- ------------------------ 1. PRESENTATIONS / PROCLAMATIONS -- ELIZABETH GROTHE DAY -- ON MRS. ELIZABETH GROTHE'S 100TH BIRTHDAY. ti ---------------------------------------------------------------------------------------------------------------- i j A. Proclamation presented to Elizabeth Grothe on the occasion of her 100th birthday f naming October 13, 1996 as "Elizabeth Grothe Day." i E F NOTE FOR THE RECORD: Prior to the beginning of the meeting, the City Manager, by memorandum, Administration withdrew the following items: CA-4 CA-5, CA-7, CA-9, 11, 20, 23, 38, 40, 41, 42, 49. { I � K -1 .October 10 1996 y l -------------------- --------------------------------------------------------------------------------------- --- 2. (A) AUTHORIZE/DIRECT MANAGER TO USE ORDER, NOT TO EXCEED THIRTY MILLION DOLLARS ($30,000,000) IN CONNECTION WITH TAX ANTICIPATION NOTES ••- FURTHER, ENGAGE COUNSEL OF JANET O'BRIEN OF ECKERT, SEAMANS, CHERIN & M>✓LLOTT. (B) AUTHORIZE/DIRECT MANAGER TO NEGOTIATE EXTERNAL AUDITING FIRMS KPMG PEAT MARWICK AND ARTHUR ANDERSEN & CO. FROM PRIOR YEAR 1994 SELECTION PROCESS -- IF INITIATIVE FAILS, BRING BACK TO CITY COMMISSION FOR FURTHER CONSIDERATIONS -- FURTHER DIRECT CITY ATTORNEY TO INCLUDE LANGUAGE THAT WILL KEEP COMMISSION INFORMED AT ALL TIMES -•- FURTHER DIRECT MANAGER TO WAIVE COMPETITIVE BIDDING PROCESS AS MORE FULLY u OUTLINED IN CALL FOR FISCAL EMERGENCY. (C) DIRECT ADMINISTRATION BY COMMISSIONER PLUMMER: } REQUEST INFORMATION OUTLINING KEY DISCUSSION ITEMS CONCERNING MEETING BETWEEN MAYOR CAROLLO, CITY MANAGER STIERHEIM AND DADE LEGISLATIVE DELEGATION IN ; CONNECTION WITH STATE REVENUE SHARING/GASOLINE TAX REVENUES AND OTHER REVENUE SOURCES NEEDED TO HELP BALANCE CITY OF MLAMI BUDGET. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Is Richard Montalbano here? Mr. Montalbano: Yes. Mayor Carollo: Richard, can you come up please. We're going to take 6-13, the tax anticipation notes first on the agenda, going to item 6 on the regular Commission agenda. Mr. Merrett R. Stierheim (City Manager.): Mr. Mayor before Mr. Montalbano begins can I just brief the Commission? At the Mayor's request of the Chairman of the Delegation, Senator Ron Silver, a meeting was held yesterday, late afternoon in the Mayor's conference room. We had, I would say, at least eight or ten members of the delegation. Mayor Carollo: It's about a dozen actually, I think Mayor. Mr. Stierheim: Right. A dozen. I see representative Lacasa here, he was there along with several others. We were in conference call with the Governor's office, also the Governor's Aide was there in present. We discussed the possible acceleration of State Revenue sharing, sales tax and gasoline tax to the City now, for those dollars that we would otherwise receive during the fiscal year. And we also discussed the acceleration of those dollars that could come from the following State fiscal year which begins on July 1st, but for which we have three months left in the current fiscal year, which would help us in the balancing of the budget. We also discussed a host of other issues. There were requests for legal opinions that will be drafted. Representative Lacasa and the chairman will be sending that up. The reason I'm briefing you on that is twofold. We discussed the emergency chapter of the State Statutes, which is in Section 218. And, the action that the Commission took in declaring the true fiscal emergency, was specifically for the collective bargaining process. That is the language out of the collective bargaining process. You did not, by your action, trigger 218. We had a lengthy discussion on that. That is something that, I think the Mayor described as the last resort. And at this point, we do not intend 2 October 10, 1996 -i to do that. The reason for this briefing before Mr. Montalbano speaks is that if, in fact we do receive eighteen to twenty million dollars ($18,000,000 to $20,000,000) in accelerated funding, that relieves some of the pressure for the issuance of tax anticipation notes. So you will note in the resolution that the language is specific. That it is not to exceed thirty million ($30,000,000). And in fact, it could be considerably less than that. Mayor Carollo: Right. Mr. Stierheim: So with that as a kind of introduction Mr. Mayor, if we can refer to Mr... Commissioner Plummer: 1 have a question, if I may... Mayor Carollo: Thank you, Mr. Manager, and if you... You have a question, Commissioner? Go ahead. Commissioner Plummer: Yeah. It's a request, not a question. Mayor Carollo: Go ahead. Commissioner Plummer: I think that the rest of this Commission, let me speak for myself. I would like to be informed by memo, or however you find it's hest for you, of what is actually going on at these meetings so that we can be just as informed at the time it comes to a vote as anybody else. And I think that. Here again I'll speak for myself but I think we should be informed of what's transpiring at these meetings so that when we're asked questions all day long, that we don't have to say "I don't know." At least we can say "Hey, we're getting information." Mr. Stierheim: I'll take care of that. Mayor Carollo: Commissioner, you're absolutely correct. The only reason you haven't had a memorandum to read is that this meeting was finished after hours where the rest of us kept working until late in the evening. I'm sure that the minute that this meeting is over today, the manager will send a memorandum outlining the key discussion items that we had. Commissioner Plummer: I understand. Mayor Carollo: So that's the only reason. Commissioner Plummer: Understand, I'm not finding fault. Mayor Carollo: I understand. Commissioner Plummer: I just want to be among the well informed. Mr. Stierheim: Sure. Mayor Carollo: And you're absolutely correct in the request that you've made. We've always done that since we've been here. The Manager will do that. Unfortunately, there is only one Manager, one Mayor and 24 hours in the day is not enough anymore, for us to do everything that we have to do in the City of Miami. So before the end of the day, I'm sure you will have the memorandum that you requested that was going to be sent. Thank you. Mr. Montalbano. Mr. Mantalbano: Good Morning, Dick Montalbano and I'm serving on Merrett's finance task force. And with me is Janet O'Brien who is with Eckert Seamans who was appointed previously 3 October 10, 1996 E j j Li as a City's bond counsel in this transaction and staff from PEAT. Over the last two weeks we've been looking at the process and the legal requirements which would be required to do a tax anticipation note financing. For the new Commissioners, I would just like to... a little background. The City has done this for the last five or six years in a public forum, in a public offering. Our first consensus was that you could not do a competitive public offering given the lack of information we have to disclose and comply with the Securities and Exchange Commission disclosure requirement. So the extent that the City did do a Tax Anticipation Note program, or as was referred to as TAN, it would be, done by either one or a consortium of local banks. So the first document you have before you is just authorizing and delegating to the Manager, subject to signatures by the delegated parties, an amount not to exceed thirty million ($30,000,000) to comply with Federal Tax law the amount that's actually borrowed would be a reflection of the true projected maximum deficit during the year. And as the Manager has indicated to the extent that the City does receive advance funding of State revenues, well that would reduce the maximum. And while we don't know what that number is today, the process, Commissioner Plummer that we've taken just to inform the major lending institutions is... I've contacted, and so has the Manager, the four major institutions just to determine their level of interest. And all four have responded positively. They've asked to come in and do some due diligence. We said that it would not be appropriate until after today's meeting to determine whether this resolution was passed, what we would do if this is in fact adopted is either starting tomorrow or first thing next week is start a due diligence to provide the four major institutions in Miami. Background information as to the budget and the cash flow requirements. The actual execution would be done subsequently once the Manager working through this body determines the need for such short term financing and also, the amount of such financing. So we don't know whether you will even need to borrow and certainly our staff the ad hoc committee's recommendation is to the extent that you have accelerated funding from the State and don't need to borrow. Let's not borrow. Mr. Stierheim: But this resolution will authorize us if we do need it to proceed. Commissioner Plummer: Well, Merrett I think it will be interesting for you or Richard to put on the record which you have already said. Really in fact was, that has been done for years in the past and the real reason for this, is what you didn't say and I think it's important to note and that is, to cover between the time when ad valorem taxes are put forth and when the City actually receives its money in January. This is the cash flow that we've always used. In fact carries us over from October 1 until we receive the money from the County for the taxation or the ad valorem. It is also something we do with the Downtown Development Authority every year. In which we give them a lump sum of money and they pay interest on it, to carry them over, until they receive their taxes from the County. So 1 think it's important to tell the people of the community, why this is being done and that it is short term, and it is a reason for it to be done. Mr. Montalbano: Very good point. Your budget reflects a tax levy of ad valorem of approximately 105, 106 million dollars ($105,000,000, $106,000,000) tax collections, from the County Tax Collector, starts coming in the last week in November. But, most of your tax come in after the month of December. Your fiscal year began October 1, so the first two months of the fiscal year you really have very little cash flow and virtually no ad valorem taxes. So the amount that the City has borrowed in the past is about a fifth to no more than 25 percent of your total maximum levy. And again in this year, we're talking about twenty-five to thirty million ($25,000,000 to $30,000,000) versus one hundred and five million ($105,000,000). So from a security perspective, if you do this transaction, the lender would have a lot of security. Almost four times coverage, or four dollars ($4) of revenues for every dollar borrowed. Mayor Carollo: Well, the bottom line is, that this is something that is no unusual. This is done by many cities across the country. In fact, it is very common to do this type of tax anticipation notes. The only question that I want to get from you on the record, Mr. Montalbano, because of 4 October 10, 1996 some of the problems that we've had with some of the other things that we know are going on right now, can you guarantee this Commission, that by the way we will be doing this now and the disclosures that we have to make, that there would not be any violations whatsoever of any Securities and exchange Commission rules or regulations? Mr. Montalbano: I think that question will be appropriately answered by your bond counsel. I'd like to turn it over to Janet O'Brien. Ms. Janet O'Brien: Thank you. We were concerned specifically about that question. And th is why we've discussed it and we've determined that it would be better to go to the banks. If y offer the tax anticipation notes in a private placement, is the term that's used in the securiti laws, to a limited number of financial institutions, you're exempted from the requirements make certain kinds of disclosures. They will come in and do their own due. diligence. They w get comfortable themselves with what they're going to be buying. Rather than in the norm case, when we do a public offering, we have to prepare, the team has to prepare a disclosu document that the bond holders would review, and that is the problem. We wouldn't reall we're not real clear what we would be able to say today, to make sure we would not cau additional... Some securities law violation, if we had to do a public offering. Going with tl banks, we're we fit into a lot of exceptions under the securities laws, that are clearly permit± and so there should be no problem. I can't... I envision that there will be a problem wi securities laws if we go in this manner. o at u es to ; ill al re Y, se ie ed th Mayor Carollo: That's fine. I will just request that you put that in writing for us so that we could also have it on the record for the future. Any further questions from any members of the Commission? Commissioner Plummer: Move it. Mayor Carollo: There's a motion to approve the resolution. Is there a second? Commissioner Dunn: Second. Mayor Carollo: Second by Commissioner Dunn. Can you read the resolution, Mr. Clerk? Do you have a copy of it? Mr. Walter Foeman (City Clerk): No, I do not Mr. Mayor. Mayor Carollo: Let me give it to you. Commissioner Plummer: I'll read it for you. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: OK, it was passed unanimously. Thank you. 5 October 10, 1996 Mayor Carollo: That's fine. I will just request that you put that in writing for us so that we could also have it on the record for the future. Any further questions from any members of the Commission? Commissioner Plummer: Move it. Mayor Carollo: There's a motion to approve the resolution. Is there a second? Commissioner Dunn: Second. Mayor Carollo: Second by Commissioner Dunn. Can you read the resolution, Mr. Clerk? Do you have a copy of it? Mr. Walter Foeman (City Clerk): No, I do not Mr. Mayor. Mayor Carollo: Let me give it to you. Commissioner Plummer: I'll read it for you. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: OK, it was passed unanimously. Thank you. 5 October 10, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-703 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $30,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF MIAMI, FLORIDA, TAX ANTICIPATION NOTES, SERIES 1996 FOR THE PURPOSE OF MEETING CERTAIN OF THE CITY'S CASH FLOW REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997; AUTHORIZING THE NEGOTIATION AND SALE OF THE NOTES TO ONE OR MORE FINANCIAL INSTITUTIONS; FIXING CERTAIN DETAILS OF SAID NOTES INCLUDING APPROVING THE FORM THEREOF; PROVIDING FOR THE RIGHTS AND SECURITY OF ALL NOTEHOLDERS PURSUANT TO THIS RESOLUTION; PROVIDING FOR THE APPOINTMENT OF A PAYING AGENT AND CUSTODIAN FOR THE NOTES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE ON BEHALF OF THE CITY TO DETERMINE THE FINAL DETAILS OF THE NOTES WITHIN THE PARAMETERS ESTABLISHED BY THIS RESOLUTION; AUTHORIZING REQUISITE ACTIONS AND THE EXECUTION OF DOCUMENTS BY THE MAYOR OR VICE MAYOR, CITY MANAGER OR HIS DESIGNEE, AND THE CITY ATTORNEY; AUTHORIZING THE OFFICERS OF' THE CITY TO TAKE ALL, OTHER ACTIONS NECESSARY IN CONNECTION WITH THE ISSUANCE OF THE NOTES; ! MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SAID NOTES; AND PROVIDING SEVERABILITY AND 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 Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Stierheim: One more item Mr. Mayor, if I may, With regard to the action taken by the Commission at the previous meeting on the disengagement of our external auditor. That letter has been sent terminating the contract. The Commission, Clerk, and City Attorney have been copied. Secondly, I ask pursuant to our discussion and your instructions for Mr. Montalbano assisted by Rachael Baum who is the Deputy Finance Director for Metropolitan Dade County and Robert Vachlinger who is the Finance Director for Miami Beach who have been pro bono to us along with members of our staff to review the auditing requirements and they have a recommendation for you at this time, in which I concur. Mr. Montalbano: We as, the three of us, including the other two individuals that the Manager has just indicated, met with your staff and, your accounting staff in total, and taken a look at the preplanning for this year's audit. There was no preplanning on the part of the external auditors yet: Internal controls that were established .on your new information; management information system -that was implemented October. 1st and the closeout of the prior year. And an. overall just - 6 - October 10, 1996 r .11 N o of the staffing organization within the Finance department. It is our joint recommendation that we proceed immediately in selecting auditors to begin the new year audit and reviewing all internal controls of all operating procedures within the Finance department and to assure you of the controls over your new information system. At the meeting two days ago there was some discussion of just hiring a special purpose audit team to come in now while you proceed under your normal procurement process. We reviewed that in detail and Our conclusion is the fact that you would have a significant dual cost. If you bring; in an audit firm now, to review the controls and the audit procedures while you go through your procurement process, your new firm should it not be the same firm, would have to duplicate all of that work, and it would delay the ultimate audit and given the extend of what has occurred, any audit firm that is engaged by the City today will have to extend the procedures. As you heard from Deloitte & Touche, normal audit standards are statistical samplings. So they determine what a materiality threshold is on a transaction, what dollar amount and then use statistical sampling. Well, given what has occurred and what has been in the media, and the information we know today. that threshold of materiality will be reduced, which means more transactions would be selected from their statistical sampling. In some areas they are not going to do statistical sampling. 'They are going to completely audit all the transactions and our biggest concern is the integrity of closing out the new year and then the control of data into the new system, to make sure internal controls. And the system itself. So our recommendation is that you allow the manager to proceed to negotiate with the first and second ranked firms from the prior selection process. I mean, it's subjective as to who you select. We thought to avoid such subjectivity, it was an extensive process in the past. Let's talk to the number one ranked firm. To the extent that either they don't have the time or can't resolve all items, then proceed to the second ranked firm. Mr. Stierheim: There were two. In '94 you had a ranking Deloitte & Touch was number three. Then you had another ranking in '95 - am I right? - '95 and Deloitte & TOUche were number one. So I'm suggesting we take the two top firms from those rankings which were a response to our RFP (Request for Proposals). Determine the availability of their top staff. I mean it's essential that we move quickly on this and get these people in there and negotiate cost. And then bring a recommendation back to the Commission. We've discussed with the attorney the emergency action that's necessary. Mayor Carollo: For the record, can anybody give me the names of the number two and number three firm in 1995? Mr. Stierheim: I believe it's Peat Marwick and Arthur Anderson, am I correct? Ms. Christina Cuervo (Assistant City Manager): Arthur Anderson was number two and Peat Marwick is number one. Mr. Stierheim: Arthur Anderson was number two in '95, and Peat Marwick was number one in ' 94. Commissioner Plummer: Mr. Mayor I... Both of the firms are of course of the "big six," or commonly referred to as the "big six." I normally would be very hard-nosed about going out to a biding procedure. But in this particular case, where both of the firms that are recommended are of top notch firms in. reputation. I would acquiece to the Manager's request that we get it in and get it going as quickly as possible. Mayor Carollo: Is there a motion to that effect, Commissioner? Commissioner Plummer: I would make a motion that the Manager be empowered to sit and negotiate number one with Peat Marwick Mitchell, and if that fails then, number two. He would go to Arthur Anderson and number three if he was unable to negotiate what he felt was a fair and equitable deal for the City, he would then come back to this Commission. 7 October 10, 1996 1i Mayor Carollo: It's very appropriate motion. Commissioner Dunn: Let's. Commissioner. Mister, mister. Vice Mayor Gort: Second. Mayor Carollo: Well, this motion has been made. It's been second by Vice Mayor Gort. Now it's open for discussion. Go ahead, Commissioner. Commissioner Dunn: Mr. Manager, Mayor. I noticed that in the previous agreement there was space for minority involvement. Will that be applied in this instance? Mr. Stierheim: That would be complied with. That's a policy of the Commission and we would - comply with that. Commissioner Dunn: OK. Commissioner Plummer: I have one other request. In the old contract it said "and City Commission, if requested." In the new contract I would demand it be "City Commission at all times." Mr. Stierheim: And first, I would hope. Commissioner Plummer: I'll buy that also. Mayor Carollo: They didn't even comply with the specifications in the old contract as they admitted themselves here, Commissioner, if you recollect. Commissioner Plummer: I very well. Mayor Carollo: When I asked the questions. Any further questions from the members of the Commission? Mr. A. Quinn Jones, III (City Attorney): Yes, Mr. Mayor. Mayor Carollo: Mr. City Attorney, go ahead. Mr. Jones: Yeah, Mr. Mayor., if I might. I think you need to modify the motion to waive competitive bidding and also there needs to be stated for the record the emergency that necessitates the waving of competitive bidding in this instance. Commissioner Plummer: Didn't I include that in my motion? I thought I did. Of course. Mayor Carollo: Any further discussions? The seconder of the motion of course agrees with that provision. OK. Mr. G. Goenaga. Two minutes. Mr. Goenaga: Yes. There's no doubt that number one and number two are top notch law firms and I strongly recommend. Mayor Carollo: They are not law firms, CPAs firms. Mr. Goenaga: Pardon me. #511� Mayor Carollo: CPA firms. W Mr. Goenaga: CPA firms, I understand that. And, but nonetheless, they have been sued, many of them for negligence. So in the study we have to be extremely careful and get that specific questions, how many law firms of those... I mean CPA firms have been sued, for how much they have settled because they are plenty. I mean just being top notch doesn't mean that you are proper. And Mr... if we would have asked full, fair and honest disclosure like Mr. Plummer did for many years ago, and as I have done here, we wouldn't have got so many problems today. Mayor Carollo: OK. Any further discussions from the Commission? Hearing none, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: Show a unanimous vote, Mr. Clerk. Mr. Stierheim: Thank you Mr. Mayor. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-704 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED TO NEGOTIATE WITH THE FIRST AND SECOND RANKED EXTERNAL AUDITING FIRMS (NAMELY KPMG PEAT MARWICK AND ARTHUR ANDERSEN & CO., RESPECTIVELY), FROM THE PRIOR YEAR 1994 SELECTION PROCESS IN THE FOLLOWING MANNER: FIRSTLY, THE MANAGER BE INSTRUCTED TO NEGOTIATE WITH KPMG PEAT MARWICK, AND IF CONTRACTUAL NEGOTIATIONS FAIL, THEN WITH ARTHUR ANDERSEN & CO.; FURTHER STATING IF SAID INITIATIVE AGAIN PROVES UNSUCCESSFUL, THEN BRING SAID MATTER BACK BEFORE THE CITY COMMISSION FOR FURTHER CONSIDERATION; FURTHER DIRECTING THE CITY ATTORNEY TO INCLUDE LANGUAGE IN THE NEW CONTACT THAT WILL ENSURE RECEIPT OF THE COMPREHENSIVE ANNUAL REPORT BY THE COMMISSION FURTHER DIRECTING THE CITY MANAGER TO WAIVE THE COMPETITIVE BIDDING PROCESS, AS MORE FULLY JUSTIFIED IN THE CALL FOR A TRUE FISCAL EMERGENCY. Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Any further items that you need Mr. Manager? 0i October 10, 1996 4 s. NOTE FOR THE RECORD: ON A MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE- t MAYOR GORT, THE COMMISSION APPROVED THE MINUTES L OF THE SEPTEMBER 4, 1996 SPECIAL MEETING. -- - - - -- -------- 3. CONSENT AGENDA. ----------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. We're in the Consent Agenda now. If we could just take a couple of minutes to make sure everyone goes over it. If there are any items that you need to be taken out, please notify me. Commissioner Plummer: I would like further discussion Mr. Mayor, whether it's today. And I know there's time frame on CA-8. Mayor Carollo: Pull it out. CA-8? Commissioner Plummer: Yeah. There were somethings that we discussed about renaming of the Orange Bowl and things that I've not received any follow-up on. I mean, maybe I overlooked it or I haven't seen it. } Ms. Christina Cuervo (Aisstant City Manger): That's not in connection with this contract. Ms. Christina Abrams (Director, Conferences, Conventions, Public Facilities): Commissioner, this is a separate event. This is a different event. Commissioner Plummer: This is not the other one of the league? Ms. Abrams: No, no. Commissioner Plummer: This is a one time event? Ms. Abrams: Fight. And the net revenue projected is eighty-six seven hundred and fifty ($86,750). They're not asking for any fee waivers, other than establishing a cap of ten thousand dollars ($10,000) which is... Commissioner Plummer: A cap of payment to the City? Ms. Abrams: Well, the use fee is five thousand ($5,000) to ten percent of gross ticket sales. Commissioner Plummer: OK. And the surcharge? i Ms. Abrams: And they've asked us to set a cap of ten thousand ($10,000). They're paying the full service charge. They're paying all the parking, concessions. They are paying all expenses. Commissioner Plummer: I withdraw my request. Mayor Carollo: OK. 10 October 10, 1996 ' fl f Ms. Abrams: OK. Commissioner Regalado: The only problem on all these is that on page ten. We say City Manager, Cesar Odio. It should have been written in the new Manager's name. And also, it has the wrong address of Risk Management Division, now at Riverside Building. Since we need to do everything now, very clearly. Ms. Abrams: OK. Thank you. Sorry for the oversight. Commissioner Plummer: If nothing further. Oh, I'm sorry, he wants to speak. I was ready to move it. Mayor Carollo: No, I'm still going over a couple here. All right, are there any items from the Commission that they would like to pull out. Commissioner Regalado: I'd like to, Mr. Mayor, defer number 33. Commissioner Plummer: Thirty-three? That's a regular agenda, isn't it? Mayor Carollo: A regular agenda. I was referring to the Consent Agenda right now. Commissioner Plummer: Consent. Commissioner Regalado: Well the regular agenda. I'm sorry. I talking, OK, the Consent. Yeah, OK. Mayor Carollo: OK, Commissioner Dunn any items that you need to defer? Vice Mayor? Commissioner Dunn: No. Vice Mayor Gort: No. Mayor Carollo: OK, let me open it up before we take any motions to the public. Two minutes. Mr. Manuel Gonzalez-Goenaga: Yes, my name is Manuel Gonzalez-Goenaga. On September. I'm speaking on CA-4. On September 26th. Mayor Carollo: CA? Mr. Goenaga: CA-4. The Caleka, CALEA (Accreditation for Law Enforcement Agencies). Ms. Cuervo: CA-4 was withdrawn. Commissioner Plummer: CA-4 has been withdrawn. Mayor Carollo: Yeah. Mr. Goenaga: Oh, I'm sorry. CA-4 is withdrawn. Commissioner Plummer: Yes, sir. Mr. Mayor, you might call to anybody's attention the board to over to our right and their left which show which items have been withdrawn prior to the meeting. 11 October 10, 1996 �i Mr. Goenaga: I am sorry I'm not as knowledgeable as you are Mr. Plummer of the City business f from way behind. Commissioner Plummer: Thank you, sir. Mayor Carollo: All right gentlemen. That's enough. Thank you. i Commissioner Plummer: Don't every forget it. Mayor Carollo: Is there a motion to approve the Consent Agenda, please? t Vice Mayor Gort: Move it. Mayor Carollo: There's a motion. l Commissioner Plummer: Second. 1 Mayor Carollo: Second. Hearing no further discussion, all in favor signify by saying "aye." f The Commission (Collectively): Aye. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WA DETERMINED THAT ANY CONSENT AGENDA ITEM, WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED, AS A REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA. A'Y'ES: NAYS: ABSENT: THEREUPON MOTION DULY MADE BY COMMISSIONER AND SECONDED BY COMMISSIONER, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo None. None. 12 �i 3.1 ACCEPT BID: BOWNE OF MIAMI, INC. -- FOR PRINTING/BINDING/SHIPPING OF OFFICIAL STATEMENTS FOR BOND FINANCING -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, GRAPHICS DIVISION -- ALLOCATE FUNDS ($21,476.70, FINANCE DEPARTMENT ACCOUNT CODE NO. 269901-680, PROJECT 311028).ORGANIZATIONS THAT FUNDING REQUESTS MUST GO TO THE ADMINISTRATION PRIOR TO APPEARING BEFORE THE COMMISSION. RESOLUTION NO. 96-705 A RESOLUTION A RESOLUTION A RESOLUTION ACCEPTING THE BID OF BOWNE OF MIAMI, INC., FOR THE PRINTING, BINDING AND SHIPPING OF OFFICIAL STATEMENTS FOR BOND FINANCING ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (10 YEAR PERIOD, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, GRAPHICS DIVISION, AT A UNIT COST OF $7,158 PER BOND ISSUE, WITH AN ANTICIPATED TOTAL OF THREE BOND ISSUANCES PER YEAR, AT A TOTAL PROPOSED ANNUAL, COST OF $2.1,476.70; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF FINANCE ACCOUNT CODE NO. 269902-680, PROJECT NO. 31.1028; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICES, TERMS AND CONDITIONS, AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) i 13 October 10, 1996 I i 3.2 ACCEPT BID: BEST'S MAINTENANCE & JANITORIAL SERVICE, INC., FOR , CUSTODIAL SERVICES FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, MANUEL ARTIME COMMUNITY 4 CENTER -- ALLOCATE FUNDS ($40,540, MANUEL ARTIME COMMUNITY i CENTER ACCOUNT CODE 350509-340, PROJECT 450001). RESOLUTION NO. 96-706 A RESOLUTION ACCEPTING THE BID OF BEST'S MAINTENANCE & JANITORIAL SERVICE, INC., FOR THE FURNISHING OF I CUSTODIAL SERVICES FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, MANUEL ARTIME COMMUNITY CENTER, AND TO PROVIDE OPTIONAL CLEANING SERVICES ON AN AS -NEEDED BASIS TO THE AUDITORIUM, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT AN ESTIMATED TOTAL ANNUAL AMOUNT OF $40,540.00; ALLOCATING FUNDS THEREFOR FROM THE MANUEL ARTIME COMMUNITY CENTER ACCOUNT CODE NO i 350509-340 PROJECT NO. 450001; 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 AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICES, TERMS AND CONDITIONS, PURSUANT TO BID NO. 95-96-116, SUBJECT TO TIIE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of ' the City Clerk.) 3.3 ACCEPT BID: WESTINGHOUSE INTELLIGENCE DEVICES, INC., FOR UNITIZED MICROWAVE VIDEO -- FOR DEPARTMENT OF POLICE -- ALLOCATE FUNDS ($10,495, HAITIAN NARCOTICS GRANT, PROJECT 110060, ACCOUNT CODE 290473-840). RESOLUTION NO. 96-707 } A RESOLUTION ACCEPTING THE BID OF WESTINGHOUSE _ E INTELLIGENCE DEVICES, INC., FOR THE FURNISHING OF A UNITIZED MICROWAVE VIDEO SURVEILLANCE SYSTEM TO t THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $10,495.00; ALLOCATING FUNDS THEREFOR FROM THE HAITIAN NARCOTICS GRANT, PROJECT NO. 110060, ACCOUNT CODE NO. 290473-840; AUTHORIZING THE CITY i 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.) 14 October 10, 1996 i 3.4 DISCLAIM ANY INTEREST IN A PORTION OF UNPLATTED ALLEY OWNED BY METROPOLITAN DADE COUNTY -- LOCATED NORTH OF AND PARALLEL TO NORTHEAST 31 STREET, EAST OF NORTHEAST 7 AVENUE. t RESOLUTION NO. 96-708 A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.5 ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY INTERNATIONAL SOCCER TOUR, INC., -- FOR PRESENTATION OF INTERNATIONAL SOCCER TOUR '96 ON OCTOBER 26, 1996 -- EXECUTE AGREEMENT BETWEEN CITY OF MIAMI AND INTERNATIONAL SOCCER TOUR, INC. SUBJECT TO ORGANIZERS OBTAINING INSURANCE TO PROTECT CITY. s. RESOLUTION NO. 96-709 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS, AS SPECIFIED HEREIN, FOR THE USE OF THE ORANGE BOWL STADIUM BY 4 INTERNATIONAL SOCCER TOUR, INC., FOR ITS PRESENTATION OF THE INTERNATIONAL SOCCER TOUR '96 ON OCTOBER 26, 1996; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND INTERNATIONAL SOCCER TOUR, INC., FOR SAID PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS 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.) 15 October 10, 1996 17 0 3.6 ACCEPT $100,000 GRANT FROM U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) REGION IV -- FOR REGIONAL BROWNFIELDS DEMONSTRATION PILOT -- FOR REHABILITATING PARCELS OF LAND IN WYNWOOD FOR COMMERCIAL/INDUSTRIAL DEVELOPMENT. RESOLUTION NO. 96-710 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $100,000, FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) REGION IV FOR A REGIONAL BROWNFIELDS DEMONSTRATION PILOT FOR THE PURPOSE OF REHABILITATING CERTAIN PARCELS OF LAND IN THE WYNWOOD AREA MAKING THEM SUITABLE FOR COMMERCIAL/INDUSTRIAL DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: Item numbers 10, 19, 33 and 35, were deferred until t e next Commission Meeting of October 24, 1996. ---------------------------------------------------------------------------------------------------------------- 4. DISCUSS/DEFER CONSIDERATION OF REQUEST FROM BRUCE WILSON FOR PERMIT TO PLACE A MUSIC BAND ON PARKING SPACES ADJACENT TO TAURUS RESTAURANT. Vice Mayor Gort: Mr. Mayor I don't know which item it was. But, I had a request from the representatives, some of the Coconut Grove citizens, the Taurus item for the use of the parking lots of the... Commissioner Plummer: What about it? Vice Mayor Gort: They would like to have it deferred. Mayor Carollo: Which item? Commissioner Plummer: It's a personal appearance. Vice Mayor Gort: Is it personal appearance? Commissioner Plummer: Yeah. 16 October 10, 1996 d Mayor Carollo: Personal appearance items? Commissioner Plummer: Item .13. Mayor Carollo: Is it 13? Commissioner Plummer: The applicant in the request that it came from is here present in the audience. Bruce Collins. Commissioner Gort is saying that somebody in the Grove asked that, that matter be deferred. Mayor Carollo: OK, Who? Commissioner Plummer: Excuse me. Mr. Mayor if I may. Mr. Collins, what was the dates that you're asking for? What would be the first date that you would be asking for, October 31st? Oh, so it is time so... Mr. Bruce Wilson: Morning, Bruce Wilson. Yes, the first one comes up on the 31st which is Halloween night. The others are in December, January and February. Commissioner Plummer: Mr. Mayor, may I make a suggestion? i Mayor Carollo: Absolutely, Commissioner. Commissioner Plummer: In the backup material that I received from the Administration, their main concern was liability on public right-of-way. And I don't think you've... Have you discussed that with him? Ms. Ellie Haydock (North/East Coconut Grove NET): We did have one conversation earlier, this week. Commissioner Plummer: About that issue? ? Ms. Haydock: I believe I mentioned it. That for anything to be on the streets or sidewalks, it has to be through permits, special event office. It's nothing that we would ever want, without those conditions. Insurance. Commissioner Plummer: Might I suggest Mr. Mayor that Mr. Collins and Ellie sit down and talk about it and come back to us at the end. Wait a minute, excuse me. You don't want it at all? i Ms. Haydock: There are other issues with the noise ordinance. Commissioner Plummer: Well. i Capt. Joe Longueira (Deputy Commander, Police Support Services): Sir, we recommend denial. They're talking about keeping the street open and putting people in those parking spaces in front of the restaurant. There is a great, great liability to danger to somebody. Commissioner Plummer: Hey, I understand. ` Capt. Longueira: A car could lose control. One of their customers could walk out from behind the band or whatever into the lane of traffic. Our recommendation is denial G Ms. Haydock: And the residents too. l 17 October 10, 1996 t z t i Commissioner Plummer: Well, excuse me. Mr. Mayor, I did not mean to get into the issue at this point. I was trying to find a, hopefully a solution that would answer Commissioner Gort's request for a deferral. Mr. Wilson: If, I. Mayor Carollo: I understand, Commissioner. What is the will of the Commission in this matter? Vice Mayor Gort: I would like to ask it be brought in the next meeting. I'd like to have the public's understanding that an attorney was hired. The attorney unfortunately was hired last night and they was not able to be here today. And they requested to be heard. Mayor Carollo: OK. This item will be deferred for the next meeting, October 24th. Ms. Haydock: Could we request it be in the evening, so that the residents could attend? That was one of their requests. Mayor Carollo: That's no problem. Let's put it in the agenda at a time that it will be in the later part of our meeting. Ms. Haydock: OK, great. Thank you. Ms. Cuervo: You have several items in the evening that day. Just so you know. Commissioner Plummer: Well, OK. But I would ask the administration to please sit with the gentleman. OK. And explain all of the areas that you have concern with. The Police Department and now I understand that the City Attorney has a concern that he's whispering in my ear. That you have a meeting with the man and you explain to him what your concerns are. Ms. Haydock: Yeah, we'd be happy to. Mayor Carollo: All right. Any other items in the regular commission agenda that need to be deferred? ------------------------------------------------------------------------- 5. DISCUSS BRIEFLY AGENDA ITEM 39 (ACCEPT BID OF INTERAMERICAN PROTECTIVE SERVICES) -- MAYOR CAROLLO DIRECTS ADMINISTRATION TO BID ALL SECURITY GUARD CONTRACTS AT ONE TIME IN ORDER TO BE MORE COST EFFECTIVE. (See label 7 and 50) Commissioner Regalado: Mr. Mayor there is an item 39 and it's about accepting a bid. Commissioner Plummer: He must don't like the 30s. You don't like the 30s. Everything you... Commissioner Regalado: Yeah, I'm on the 30s. Thirty-nine. Commissioner Plummer: Defer? Commissioner Regalado: Well, I don't know if the will of the Commission is to discuss this but I don't see it very clear, this contract. Because it says on a needed basis. 18 October 10, 1996 t Eli El Commissioner Plummer: So defer it. Mayor Carollo: Well, you're correct. But then again some times you don't know when you might need some of this service. The only problem that I see is. And this is not your Fault, Commissioner. Because you weren't here when this was approved, neither was Commissioner Dunn. A few months ago we approved a contract for security service at the new administration building. At it would seem to me that instead of do}ing these contract piecemeal at a time, the City should be able to get a better price, if all the security services that we will have, we will put it out to a bid at one time. It would make it easier for the companies to provide better service and at tile same time, they will be in a position to give a better price. Whereas, we're going piecemeal in providing it to a variety of companies, instead of providing the whole contract. We're going to end up paying more at the end and have a lower duality service than we normally would be able to get. Commissioner Regalado: Sir, I don't have any problems with that. -------------------------------------------------•--------------------------------------------------------------- 6. DISCUSS/DEFER TO OCTOBER 24, 1996 -- NOMINATION TO PERFORMING ARTS CENTER TRUST (PACT) -- COMMISSIONER PLUMMER EXPRESSES INTENT TO RESIGN AS MEMBER OF PACT. Commissioner Plummer: M..r. Mayor, if I may. I don't know who put on here, "Discussion concerning the nomination of an individual to serve on the Performing Arts Trust." I assume the Administration put that on? Ms. Christina Cuervo (Assistant City Manager): We received a request from the Performing Arts Trust and there is an attachment with their names to be selected from. Commissioner Plummer: OK. All right. The point I'm trying to make. Mr. Mayor. Mayor Carollo: Yes, sir. Go ahead. Commissioner Plummer: 1 would ask that any other member of this Commission who could serve in that capacity, please consider being appointed and that my name be withdrawn. The reason for it, is that they are having so... And I want to tell whoever might consider it. Their meetings are numerous. And i mean they're eight o'clock in the morning and they run an hour, two hours and you know, it's just that I just don't have the time. Mayor Carollo: I certainly can understand that, Commissioner, and I for one will ask our colleagues, if there is anyone here that will like to serve in that board now. Because I certainly don't have any more time. Commissioner Plummer: Well, excuse me. OK. There's a process that you have to go through. Mayor Carollo: Absolutely. You have to be nominated, you have to be put in the selection committee. Commissioner Plummer: You have to be nominated, agreed to by them. And I don't think that it has to be a Commissioner. I think it's preferably that it be a commissioner. And I'm not saying that because I didn't go to the meeting yesterday. And I read in the paper today, they're 19 October 10, 1996 1i El E looking for sixty million dollars ($60,000,000) more. That's not my reason for wanting to get off. Mayor Carollo: Well, so are we. Commissioner Plummer: But it's just their meetings are so nurne.rous, that it's incredible. So if anybody has that ability to have that time to serve, I'll surrender my letter of resignation. Don't everybody say at once now, OK. I'm sorry, I told you the bad with the good but. Ms. Cuervo: Commissioner Plummer I believe that there is two names in addition. And I believe this is submitted by the Performing Art Center. Commissioner Plummer: But that's for the one appointment. OK. Ms. Cuervo: These are at large appointments. Vice Mayor Gort: Point of order, Mr. Mayor. Ms. Cuervo: And if you see the attachment. This was forwarded to us and I think the Clerk is actually... Mayor Carollo: All right let's. Let's defer this item please, OK. Ms. Cuervo: Fine. Mayor Carollo: it's taking more time that it should. Let's defer it and meet with Commissioner Plummer and then bring it back in the proper way. Ms. Cuervo: OK. Mayor Carollo: Vice Mayor. Vice Mayor Gort: Christina a question I want to ask. I was under the impression that we had nominated Fred Joseph from the... Commissioner Plummer: Yeah, but he was turned down I believe. Vice Mayor Gort: He was turned down? Ms. Cuervo: The Clerk put this item on. So maybe lie can speak to this item. Mr. Walter J. Foeman (City Clerk): This is for one vacant appointment. The Commission has to recommend one name, send it to the Performance Arts Center Trust and they'll come back with the slate with three names for the Commission to vote on. Vice Mayor Gort: Well, my understanding is. I don't know if you recall. Well, you are going to defer it until next week? Commissioner Plummer: Yeah. Mayor Carollo: That's correct. Vice Mayor Gort: My understanding is, Mr. Joseph was part of the remaining 20 October 10, 1996 r Elf Mr. Foeman: Fred Joseph is one appointee to the PACT. Vice Mayor Gort: So he was appointed then. Commissioner PIwnme.r: He is there. Mr. Foeman: That's accepted. Yes, sir. Vice Mayor Gort: That's accepted, OK. Mayor Carollo: Yeah, that was one appointment. Commissioner Plummer's was the second. Commissioner Plummer: Was the second, right. Mayor Carollo: OK, so. Commissioner Plummer: Just for the record, Mr. Mayor. I have informed the CEO (Chief Executive Officer) of my intentions two weeks ago. I missed two meetings in one week. And I think that almost made me ineligible to serve and before I get thrown out I'd like to walk out. Mayor Carollo: OK. Mr. Foeman: Mr. Mayor, just for clarification. There are three appointees from the Commission to the PACT. Mayor Carollo: Very good. Mr. Foeman: OK. Mayor Carollo: All right, that's withdrawn also, now. ---------------------------------------------------------------------------------------------------------------- } 7. DISCUSS/TABLE CONSIDERATION OF BID FROM INTER-AMERICAN PROTECTIVE SERVICES FOR SECURITY GUARD SERVICES CITYWIDE. (See label 5 and 50) i - ---------------------------------------------------------------------------------------------------------------- } Ms. Abrams: Mr. Mayor do you want us to clarify on item 39, that Commissioner Regalado brought up? Mayor Carollo: Commissioner, what is your request on item 39? Ms. Abrams: Commissioner this is a citywide bid. Ms. Judy Carter (Chief Procurement Officer): This is citywide bid sir. Commissioner Regalado: Ah, right. That's... 1 f Mayor Carollo: Yeah, but it might be a citywide bid but does this include the new Administration Building in the bid that we gave out before? F Ms. Carter: No. The one that we did before, good sir, was an RFP (Request for Proposals). It was based upon some special needs that have been expressed to us, by Asset Management as it 21 October 10, 1996 t: 1i relates to the requirements, which were quite different. This particular bid is a very basic routine monitoring of facility grounds. There's minimum impact with any people at all. And as a result we went out with very minimum requirements that were needed for this hid. As a result we did get a very competitive price. However, the previous contract, which was requested by Eduardo Rodriguez required some other kinds of needs that went far beyond the basic. It also required certain years of experience which was far more than what we had requested here. Mr. Eduardo obviously should be in a position to share why he wanted to have these particular requirements for that particular contract. But I assure you, this one was a basic bid requiring only one year's experience and the appropriate license and as a result we of course, received a competitive price. Particularly as it relates to an analysis that was done previous to this to show and demonstrate and be assured that we were getting a good price. However we've got to keep in mind that the MRC (Miami Riverside Center) requires far more, at least the department desires that particular, than to provide more. As you know, when you go in there, there are certain requirements that particular security guard service must provide in the way of dealing with people. In this instance, we are not even dealing with people. We're basically monitoring the grounds of any one given building. And that is all this particular requirement has to offer. So to compare the two, it may be a little different and I think you know more than I do in terms of what the requirements are for one contract, versus the other. Mayor Carollo: That's why I was asking the questions that I was and I appreciate your input. And I know it sounds well, but I don't buy into it all. I do know the business a little bit. Commissioner Plummer: Joe, let me ask you. Mayor Carollo: Mr. Rodriguez can you come up here please? Mr. Eduardo Rodriguez (Director/Office of Asset Management and Capital Improvements): Yes, sir. Mayor Carollo: What is the cost, I don't recollect, the cost per hour for the Riverside Building? Mr. Rodriguez: Going back to the point and I will answer your question. Mayor Carollo: No, can I get the cost per hour for the other building? Mr. Rodriguez: What do you, what do you...? Mayor Carollo: What was the hourly cost for the contract? Mr. Rodriguez: The hours? Mayor Carollo: Yeah. The hourly cost. How much are we paying per hour? Ms. Carter: The hourly rates. Mr. Rodriguez: The hourly cost is nine dollars eight cents ($9.80) sir. Mayor Carollo: It's nine eighty ($9.80). Now, based on that, we had stipulated in the contract that they had to pay a minimum price. A minimum hourly rate rather for each person over there. Mr. Rodriguez: Exactly, right. Mayor Carollo: If I remember, it was six dollars an hour. 22 October 10, 1996 r E Mr. Rodriguez: Six dollars an hour ($6) or six fifty ($6.50), something like that. Mayor Carollo: Yeah, a minimum. Somewhere in that area. The bottom line is, that the kind of people that you will he getting will depend on whet you pay them per hour. A dollar difference per hour can be a night and day difference in the quality of personnel that you will have. Obviously you want people that can do a little more than chew bubble gum and walk at the same time for our administration building. And that's why I stipulated a minimum of six dollars ($6) an hour. At the same time, I realize that if basically what you're going to have is a night watchman type for some other City properties, you don't need someone that might be as alert or might have the personal appearance that we would need at the Administration Building. But nevertheless, you need people that are truly qualified. And that will meet above and beyond what the State requirements are fora security officer. Mr. Rodriguez: Correct. For that reason, we request an RFP in reality for qualification. Mayor Carollo: Are there any other - guard contracts whatsoever besides these two that the City needs now or contemplates it needs? Ms. Carter: No, sir. That was one of the things that we wanted to do when we went out with this. Mayor Carollo: OK. Ms. Carter: Was to combine those smaller requirements of other departments to ensure that all those needs are in fact addressed. And I assure that this is the only other security guard bid that would come before this City Commission, this year. Mayor Carollo: OK, now what is the hourly rate that they are guaranteeing this City under the contract that they will pay to security officers? Commissioner Plummer: According to the bid in here I'm looking at is eight dollars and twenty cents ($8.20). Mayor Carollo: This is what they're going to charge the City. I'm talking about what they're going to pay. Ms. Carter: Pay that particular security guard. I must admit I don't have that information. However, if you will allow me to make a call, I will certainly find that information out for you. Mayor Carollo: OK. If you want to deal with it later on, I would appreciate it. Ms. Carter: I appreciate that opportunity. Mayor Carollo: And based upon the hourly rate that they are charging us, I will tell you now that they're going to have to pay to try to get at least someone that is descent and be able to get from a pool of better quality people at least five to five fifty an hour ($5 to $5.50). Ms. Carter: OK, sir. Mayor Carollo: And they could still make a profit with what they're charging us. Ms. Carter: I appreciate that. And allow me to come back and I'll be able to share it with you. Mayor Carollo: Thank you. 23 October 10, 1996 Ms. Carter: All right. t Mayor Carollo: All right, 39 is going to be deferred until later this afternoon. Any other items? NOTE FOR THE RECORD: AT THIS POINT OF THE MEETING E F?5LLOWING RE ULAR AGENDA ITEMS WERE DEFERRED TO THE SCHEDULED MEETING OF OCTOBER 2.4, 1996: AG10 (INCREASE CONTRACT OF CONSOLIDATED BUILDERS ENTERPRISES, INC. FROM $165,266 TO $195,266); AG13 (PERSONAL APPEARANCE: MR. BRUCE WILSON , REQUESTING PERMIT TO PLACE A BAND ON PARKING SPACES ADJACENT TO PROPERTY LINE IN FRONT OF THE TAURUS RESTAURANT); AG19 (REQUEST FROM CENTRAL SHOPPING PLAZA FOR APPROVAL OF AMUSEMENT RIDES FROM OCTOBER 25 THRU NOVEMBER 3, 1996); - AG33 (AMEND R 95-662 AND INCREASE CONTRACT OF VENECON, INC. NOT TO EXCEED $59,182); AG35 (AUTHORIZE AGREEMENT WITH YWCA OF GREATER i MIAMI, INC. TO REFURBISH THE OVERTOWN/CULMER CHILD DAY CARE CENTER), Mayor Carollo: OK. Let's go back to the scheduled items. For the record, item 10, 19, 33, 35, and 13 will he withdrawn to the October 24th, Commission Meeting. And item 39 will be withdrawn until later this evening, or afternoon. Ms. Abrams: And item-4, the Performing Arts Center Trust. Mayor Carollo: OK, that was item-4. You're correct. Item-4 will also be deferred until October 24th. OK, now we're at item-2. Two one, the appointments of boards and committees then. Would you all like to go through these now, or would you like to just leave it towards the day and we'll deal with them? Commissioner Plummer: I'm only going to be making two out of the total package. i Mayor Carollo: Yeah, why don't we leave all of the appointments towards the end of the day because I don't want to hold up individuals here any longer than we have to. They're waiting for... Commissioner Plummer: I have no problem. i Mayor Carollo: OK. 24 October 10, 1996 41'.. ------- ..-------------------------------------------------------------------------------------------------------- 8. DISCUSS / DEFER TO AFTERNOON SESSION APPOINTMENTS TO INSURANCE BROKER SELECTION COMMITTEE -- COMMISSIONER PLUMMER REAPPOINTS RON WILLIAMS. (See label 80) Commissioner Plummer: So then we go over to item-3. Mayor Carollo: Let met see where we're at. OK, we're in item-3 right now. Discussion concerning current employments for the insurance broker selection committee. If the administration can come up and give us some further feedback on this. This is also an item gentlemen, that came up before both of you were on the Commission. The lobbyist that was representing one of these firms was someone that had not registered to lobby as he was supposed to. And, he is not currently active these days. By that I mean that he was arrested in operation "Green Palm" So... Ms. Christina Cuervo (Assistant City Mangaer): Mayor and Commissioners. Mayor Carollo: ... if you could explain to us what is the status of this. Ms. Cuervo: I believe that appointments need to be made to this selection committee and that's the purpose of this item here today. And, you can see the prior appointments that were made and if there is a vacancy obviously under Commissioner Regalado, Commissioner Dawkins appointments now would be Commissioner Dutin's appointment. And so we respectfully request that you submit those appointments so we can proceed with this item. Commissioner Plummer: As far as my appointments, I'll reappoint Mr. Ron Williams. Mayor Carollo: Chief Rollason can you come up here for a second? How far along is this process? Has this board or the appointments rather that we made, have they met yet to review this or not, or? Chief Frank K. Rollason (Deputy Chief/Risk Management/Fire-Rescue): We've met twice. And they have received the packets. They have done reviews of those packets, the original proposals that were submitted. The question then came back before the Commission as to what their flexibility was to ask further questions. And this Commission gave direction to them back in. Let's see when did we do that? - back on the 13th of June and the Commission gave them the direction that they could pursue further areas to clarify what they wanted to pursue. There were some areas beyond the questions that we originally had. Since that item, we have not met. The summer vacations came. Then we got the resignation from one of the members in September and then the other things happened here that... Mayor Carollo: Who was that, that resigned in September? Chief Rollason: Frank Angonie resigned. Mayor Carollo: That's right, I forgot about that. That was Mayor Clark's appointment. Chief Rollason: Right. So now, with the changes in the Commission, and that's really where we are. 25 October 10, 1996 Mayor Carollo: OK. Would it be the will of the Commission to leave the appointments on this item also, for the end of the day? Commissioner Dunn: Yes. Commissioner Plummer: If you wish. Mayor Carollo: OK. All right. Thank you very much. We'll leave item-3 towards the end of the day when we make appointments to other boards. Thank you. Chief Rollason: Thank you. Mayor Carollo: Item-4. ---------------------------------------- -------------------- ---------------------------------------------------- 9. DISCUSS BRIEFLY/DEFER UNTIL BEGINNING OF 1997 FORMATION OF CHARTER REVIEW COMMITTEE -- DISTRICT ELECTIONS -- STRONG MAYOR -- PROCEDURE TO FIRE CITY MANAGER. . Commissioner Plummer: Five. Mayor Carollo: Yeah, four was withdrawn. Five. Vice Mayor Gort, the Charter Review Committee that we had discussed about. There is no question in my mind that it's something that this City needs. We have to review the Charter. There are many areas of the Charter that are very outdated. And frankly some that were outdated and should not have been in the Charter from the Day 1 that they were written. Unfortunately, throughout the years, there have been revisions of the charter, I believe the last ones that we had, the major ones were around 1972 or so. This is a major task. It's a task that is going to take not only a lot of time, but a lot of consideration. It will take public hearing and due process. What I would recommend is, that with all that we're facing now, and the finances of the City being the utmost importance for all of us. That we might wait until the beginning of the new year for us to bring this up again and discuss it. It's a very important area that we have to go back and look at. But I think that frankly our plates are truly full right now. But I will leave it up to this Commission and the will of the majority of the Commission. Vice Mayor Gort: Mr. Mayor, my understanding in discussion with the City Attorney. He informed me that the process will be long in putting this committee together. And I agree with you. We're going through a lot of changes right now. And I think that a lot of the changes that we're going to be doing now, could be incorporated in the new Charter so on the new... Sol don't have any problem going to the beginning of the year. I think a lot of the things that is going to happen now, and what we've learned, not only for now. But I did, I've done some research from way... From '55. And a lot of the problems that we have today, the had the same, similar problem back in '55 and the '70s. And maybe now, by doing this review and putting the criteria and the guidelines, we'll avoid that this will ever happen again. So I'm in agreement with you now. Mayor Carollo: Well, those are the things that we will need to look at. For instance, we will need to look at areas of the Charter as to elections by district. Changing the form of the charter, if it's the will of the Commission to put it up to a vote. Not only for the districts but either to an executive mayor, a strong mayor for the next 100 years. So that whomever sits up here, the buck will stop here. We don't have this back and forth situations that we've had in past years with 26 October 10, 1996 E managers that have not been elected by the public. Actually being a super strong mayor. We need to change the charter provisions as to the dismissals of city managers. What we have now is one that was written by a former city manager when lie was changed in 1972. And it made it next to impossible to dismiss a city manager. For instance, just to give you an idea of how many things there are in the Charter that needs to he changed. Can any of you imagine one of the top companies, or even a small company. That you would fire a CEO, the Chief Executive Officer of that company, and after you fire him, he has to stay on for 30 days. You can't get rid of him for 30 days. And he's going to be in charge Of your company for 30 days after you fire him. And then an top of that, after the 30 days are up, he has the right to come this Commission and ask for no less than 20 days or no more than 30, a public hearing. Well this is what this Commission has to live with if it ever wants to fire a manager. Maybe you all could understand now, why someone could survive for so many years with some of the problems that we now all know that we have because of the former Charter that we've had. Once the Commission names the manager, it becomes very, very difficult, extremely difficult to fire and dismiss that manager. So there are many things that need to be revised in our Charter but it takes time. We can't rush into changing things overnight. It's going to take a lot of public hearings, and due process. And 1 complement Vice Mayor Gort and my colleagues for being concerned and wanting to change the Charter. But as Vice Mayor Gort stated. Some of the procedures that we're going to be looking at now will be more helpful so that when we meet again earlier in the year, and we've hopefully have done the things that we need to start putting this City back in a strong, financial position, then we could deal with this afterwards. Commissioner Plummer: What are you doing? Are you formulating a committee, or? ---------------------------------------------------------------------------------------------------------- 10. DISCUSS FORMATION OF BUILDING AND ZONING COMMITTEE WITH MAIN PURPOSE BEING TO EXPEDITE PROCESS OF BUILDING PERMIT -- RECOMMENDED FIVE MEMBERS FROM OUTSIDE CITY GOVERNMENT BY COMMISSION MEETING OF OCTOBER 24, 1996. Vice Mayor Gort: Number 6. Mayor Carollo: We're in six now. Vice Mayor Gort: Mr. Mayor, if you recall this was presented about two meetings ago. We discussed the idea of trying to get our building department to move on a little faster and give them a little help. And the suggestion was to put an ad hoc committee together. So that they can meet with staff, look at the procedures and see if they could maybe make some recommendations where we can expedite some of the permits. You know the industry, we get a lot of complaints sometimes that it takes too long to get the permits and so on. Mayor Carollo: Well, I like the idea, but what I'd like to do is to be able, not just to go inside house and get opinions. But we also need to get some opinions from outside of the City. And what I would suggest maybe that we might go to some of our other governmental bodies, Dade County. We'd go to some that are as strict as Coral Gables and others. And see if we could find one of the key individuals from each of those departments that might want to serve in this committee. So that we could have a balance of opinions from people from within and people from outside to see if we could find the best way to expedite this. Vice Mayor Gort: That's what, this letter that's sent to you. That's what I suggested. We select people, five individuals and this would be at the end of... We want them to come up within three 27 October 10, 1996 [i *at, k,; months with some suggestions to be implemented. And you're right. I think we should get professionals and one of the visits that I did, was the City of Orlando, and I walked through the Administration Building. And the Building Department the way, the procedure they have there is a very good one. Mayor Carollo: Well, Mayor Hood from Orlando is a very sharp mayor. They have a very efficient process in Orlando. What is your motion? Vice Mayor Gort: Well, I think what we need right now is to move, and each one of us recommend names. And that's what it says on this memo. We want professionals to be recommended and maybe by next meeting we can come up with the names. Mayor Carollo: OK. Let's then leave this for next meeting. Each of us will come up with a name for the next meeting. What I suggest that we do is, that out of the names that we come up t and each of us should be prepared to In at least a couple or names. Three members from the committee would he from outside of the City of Miami and no more than two from within the City of Miami. Vice Mayor Gort: When you mean from the City of Miami, I'm not talking about in... Mayor Carollo: No, no. I'm not talking about residency. I'm talking about from within the actual government of the City of Miami. It we're going to choose anyone here... Vice Mayor Gort: Well, no. 1 wasn't. No, this individual is to be independent. These five members will be independent. Mayor Carollo: Well, it's going to be independent but. Vice Mayor Gort: Working very closely with the City staff. E Mayor Carollo: I understand that. But from what I was reading I was gathering that you might want to have appointed some people from within staff to the committee. Commissioner Plummer: A staff person. Vice Mayor Gort: A staff person will be working with them. Mayor Carollo: OK. ` Vice Mayor Gort: I think that the Director of the Department should work with this committee. But I think it should be all outside. s Mayor Carollo: That's fine. I think that's better. Commissioner Plummer: And I do think, Commissioner Gort. That one person on that f committee, regardless of who makes the appointment should be from the industry, OK. Vice Mayor Gort: Of course. { Commissioner Plummer: I think that's very, very important. That they can give insight as to the problems that they incur on a daily basis or on a permitting basis. I think it's very, very important that a member of the industry be involved. Vice Mayor Gort: I think all of them should be part of the industry because this is a very particular industry. f 28 October 10, 1996 i; r El Vice Mayor Gort: Well, again each of us should be prepared to bring in a couple of names so that we could have a balanced committee and it is of the utmost importance that the Zoning and Building Department can expedite permits as quickly as possible. The complaints that all of us have been getting for months, I think require that we look at this. At the same time, we have many other areas there that we need to expedite. Particularly in getting inspectors out to be able to inspect work and projects once they are done. So having said that, we'll then bring up item-6 again in the next meeting, the 24th. Vice Mayor Gort: Thank you, Mr. Mayor. -- - ---------------------------- 11. DESIGNATE MIAMI DADE CRIMINAL JUSTICE COUNCIL AS REQUIRED ADVISORY BOARD FOR LAW ENFORCEMENT BLOCK GRANT PROJECT. Mayor Carollo: Sure. 6-A. Ms. Christina Cuervo (Assitant City Manager): Mayor and Commissioners, pursuant to the law enforcement grant program that the Federal government has we have to appoint an advisory committee. So the Law Department is making a recommendation on that advisory committee and I'll let Chief Martinez. Commissioner Plummer: We don't have it in front of us. Vice Mayor Gort: Yeah. Ms. Cuervo: Item 6-A. Vice Mayor Gort: Six -A. Ms. Cuervo: Six -A. Commissioner Plummer: I'm sorry. Vice Mayor Gort: The Miami Dade Criminal Justice Council. Mayor Carollo: Did the Miami Dade Criminal Justice Council offer to do this for us, sir? Al Martinez (Assistant Police Chief): Yes, sir. Yeah, they sent us a letter offering their services to us; and offering to serve as the committee. Mayor Carollo: I have no problem in letting them do that. Vice Mayor Gort: So move. Commissioner Plummer: Second. Mayor Carollo: There's a motion. There's a second. Hearing no further discussion, all in favor signify by saying "aye." 29 October 10, 1996 F i t a k i i i I, i L 44 a The Commission (Collectively): Aye. The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-711 A RESOLUTION DESIGNATING THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL AS THE REQUIRED ADVISORY BOARD FOR PURPOSES OF THE LAW ENFORCEMENT BLOCK GRANT PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 12. DISCUSS / CONTINUE TO SCHEDULED MEETING OF OCTOBER 24, 1996 -- AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) -- FOR UNIFIED DEVELOPMENT PROJECT FOR BOATYARD FACILITY / ANCILLARY MARINE -RELATED RETAIL / FOOD SERVICE / RECREATIONAL USE ON APPROXIMATELY 6.6 ACRES OF CITY - OWNED WATERFRONT PROPERTY -- AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY -- INCLUDE OPTION FOR DEVELOPMENT OF ADDITIONAL 21.448 ACRES OF CITY -OWNED PROPERTY KNOWN AS RICKENBACKER MARINA -- AT 3301 RICKENBACKER CAUSEWAY FOR MARINA / BOATYARD / ANCILLARY MARINE -RELATED RETAIL / FOOD SERVICE / RECREATIONAL USAGE. ----------------------------------- ---------------------------------------------------------------------------- Mayor Carollo: OK. All right. And 6-13 we had done already. We're in item 7. Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor and Commissioners, I believe that Representative... Well, Carlos Lacasa would like to request a deferral until this afternoon. That's what he just indicated. So I don't know if you'd like to grant that request. Mayor Carollo: OK. What would you like? Representative Carlos Lacasa: Yes. Good morning. 30 October 10, 1996 [i Mayor Carollo: Good morning, sir. Representative Lacasa: We just received this morning From Ms. Abrams the... her revised projections and estimates, and we need time to review them. They're pretty thick. It's about 30 pages. And I was hoping; that we could defer this to the 24th. I would like to give a responsible response. Mayor Carollo: I have no problem in doing that. Commissioner Plummer: Just for the record, we also received it this morning. Mayor Carollo: Yeah. Representative Lacasa: Yes. Ms. Christina Abrams (Director, Public Facilities): Just for the record, we finished it last night at twelve -thirty. Representative Lacasa: They worked very hard, there's no question about it. I have one, thank you. Vice Mayor Gort: Well, I haven't seen that. Commissioner Plummer: You haven't seen yours? Mayor Carollo: For the record, that was exactly what I was trying to accomplish at the last meeting when we met on this, was to give ample time to everybody to look it through and find the best solution for the City. Ms. Abrams: Mayor Carollo, sir, could we distribute a copy to the Commission of our financial analysis? Mayor Carollo: Could you what, now? Ms. Abrams: Would you like us to distribute a copy of our financial analysis for the Commission now? Mayor Carollo: I would like for you to, but we are not going to take it up, since they're asking for a deferral. Commissioner Plummer: It's in the book, right? Ms. Abrams: OK. It will give you a chance to review it. Commissioner Plummer: Isn't it in the book we received? Ms. Abrams: You didn't give him a blue book this morning'? I gave him... Mayor Carollo: What's important for the City of Miami, Representative Lacasa, is that we look at the whole picture of what we're doing out there. Unfortunately, that's one of the most valuable pieces of properties that the City has - thank you - and we've been piecemealing it for many years. If there is an opportunity to combine all these properties together... Commissioner Plummer: You got an extra one? If you got an extra one, I'_ll take it. Thank you. 31 October 10, 19.96 Mayor Carollo: ... or a portion of them and be able to not only make them more appealing to the public, make them into properties that the residents of Miami are going to he proud of, not the way that some of them look right now. And at the same time, it's going to overall increase the revenue to the City. That's what we're interested in hearing. Maybe, maybe not. I don't know. I have to see what staff is bringing. The small parcel where... which presently the City of Miami is running, being run by the City might make more money. I don't know, I can't answer that. But at the same time,, we have to look at the whole picture. It might be that if we combine that parcel with other parcels, if you have a joint operator, if that is possible to do, that the City might end up in the long run and short run, making more money, if the other parcels are operated, whereby operating the other parcels, they will produce more income for the City of Miami. So then what we will have to do is to look at the overall picture of actually what we are getting in all parcels. And that is important for the City. But I think you know what my position is. I want to find the most revenue that I can for the City of Miami, at the same time that we're upgrading our properties to look like the properties that a City that is part of the first world should have. And when we have properties out there that are full of trailers, on waterfronts, just falling apart, you have cats all over the place, you have, in some cases, racks that were falling down. People weren't even caring if there were boats there or not. And the City was the one losing the revenues. It was just a situation that should not have occurred. And frankly, it was another example of the way business was being run at City Hall. So I think that what you're requesting is the proper way of going about this, you know, for you to have ample time to read this, meet with staff. At the same time, if there are any other people interested in possibly bidding for this, if the City puts it out, I will instruct staff through the Manager to do the same. Sit down with them, answer any of their questions, and then come back to this Commission, so that we can make the most intelligent decision, if this is going to be put out for an RFP (Request For Proposals) or not. Ms. Abrams: Sir, would you like me to review our findings to date, or defer the whole issue? Mayor Carollo: I'd like to defer the whole issue. It doesn't make any sense to review the findings right now, if they are asking for a deferral. At the same time, what I would suggest is that after you meet with all the interested possible parties that might want to hid in an RFP, for you to meet with each member of the Commission, so that we could understand exactly what's before us. At the same time, I would like for Jack Luft to go with you, so lie could explain to the members of the Commission any other plan or ideas that have been proposed to him by anyone else. And at the same time, Jack, last but not least, I want you to come back to us with hard, concrete plans or how we can proceed with going through the State procedures to try to put a 2,500 split marina at the horseshoe there. We have discussed this. I mean, the minutes are here from years ago when I brought the plan of making that into Marina Del Rey. Actually it would be better than Marina Del Rey. And I would like to see something concrete from the City. The possible revenues that the City of Miami can receive in the future, if we would be successful in getting State permission to do this, would be in the millions per year. It would be the best marina anywhere in the country, and not only that, but the property around it... Did you kill it? Good. You don't get a raise for that, Mr. City Attorney. Commissioner Plummer: Get the little men with the white coats, please. Mayor Carollo: But anyway, if you could come back to us on that, Jack, I would appreciate it. Mr. Jack Luft (Director, CPR Dept.): We'll certainly do that. And if you or any of the Commissioners wish to take a tour of Virginia Key, we can arrange that. Mayor Carollo: I need to do that. �i } Mr. Luft: All right. Mayor Carollo: I've asked you to do that, and if I can't find time between now and the next meeting during the daytime hours, if we got to go there at midnight, we'll do it. But we'll get to it, I assure you. Mr. Luft: OK, sir. Mayor Carollo: Thank you. Thank you. Any further statements? Representative Lacasa: Mr. Mayor, one final comment. It's my hope that we can have a meaningful dialogue and devote the time this is going to need on the 24th. We're going to come in with a full presentation, charts and so forth, and highlight each and every fine point. Mayor Carollo: If you like, what we could do is specify more or less the time that you need to make your presentation in, let staff figure out flow much time they need, and then both of you come back and recommend a time that you need. And what we might want to do is leave this towards the afternoon part or late afternoon part of our meeting, so that we can give more time to it. Representative Lacasa: OK. After the motion and the vote, there's something else I'd like to address the Commission about very briefly, about an agenda item. Mayor Carollo: OK, gladly. Representative Lacasa: If I could, it will take me two minutes. j Mayor Carollo: There is a motion for deferral on this item. k Vice Mayor Gort: Move it. i Commissioner Plummer: Second. Ms. Cuervo: Mr.. Mayor, I would ask that you continue it, so that way, we don't have to advertise the public hearing again. r Mayor Carollo: OK. Very good, a motion to continue it. Vice Mayor Gort: Move to continue. i Commissioner Plummer: Second. 4 i 33 October 10, 1996 f 6 t The following motion was introduced by Vice Mayor Gort, who moved its adoption: is MOTION NO.96-712 A MOTION A MOTION TO CONTINUE TO OCTOBER 24, 1996, LATE IN THE AFTERNOON, CONSIDERATION OF AGENDA ITEM 7 (PROPOSED ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT OF BOAT YARD AT VIRGINIA KEY); TO ALLOW STAFF TIME TO MEET WITH INTERESTED PARTIES AND MEMBERS OF THE COMMISSION CONCERNING WORT{ PERTAINING TO AUTHORIZATION TO ISSUE RFP FOR VIRGINIA KEY BOAT YARD; FURTHER DIRECTING CITY MANAGER TO INSTRUCT MR. JACK LUFT TO EXPLAIN ANY NEW IDEAS AND TO BRING BACK SAME BEFORE THE COMMISSION, ANY CONCRETE PLANS ON WHEN WE CAN PRODUCE A 25-SLIP MARINA IN THE HORSESHOE AREA ON PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, (VIRGINIA KEY MARINA) AND ADDRESS PROJECTED REVENUES WHICH COULD ENSUE IF CITY PROCEEDS WITH SAID INITIATIVE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Ms. Abrams: Mayor Carollo, if I may make one request. Since we have explained, you know, explained to them all our numbers, if they can also do the same for us, so we can have a collective presentation at the next Commission meeting. Representative Lacasa: Certainly. Absolutely. Mayor Carollo: I think it's a good idea. Ms. Abrams: Thank you. Commissioner Plummer: Well, I think, Mr. Mayor, also, that it should be known, and hopefully, through Channel 9 broadcasting this right now, if there are... other interested parties should have { the same opportunity to sit down and speak... r Mayor Carollo: Exactly. Commissioner Plummer: ... with you, and voice their concerns, so that when it comes back here, Carlos gets up and says, this, this, this and this. And somebody else is screaming from the other side, "Well, we didn't get the opportunity." Since the RFPs have not gone out, I think it would be well to try to find out if there are other people who are interested, and at the same time, give them the same opportunity. 34 October 10, 19.96 - Mayor Carollo: Exactly so. And that's what I talked about before, Commissioner. Mayor Carollo: Jack. Mr. Luft: I have a related issue on a boatyard for Dinner Key Boatyard, next door. I would like to distribute to you the Manager's recommended list of names for a selection committee so that you could initial the name of your selection. Mayor Carollo: All right. If you could pass that out. Mr. Luft: OK. Lo --------------------------------------------------------------------------------------------------------------- 12. COMMENTS BY STATE REPRESENTATIVE CARLOS .LACASA REGARDING APPOINTMENTS TO BOARDS DEALING WITH FUNDS FOR DOWNTOWN AREA AND THE COMMUNITY REDEVELOPMENT AGENCIES. Mayor Carollo: Commissioner Lacasa, Representative Lacasa. Mr. Carlos Lacasa: Yes, as you know, being a state legislator is a part time job. I'm an attorney licensed in Florida and in that capacity I come on behalf of my clients who would... are interested in this marina project. But now I would like to address you as a state representative, as a member of our community very briefly. You have today on your agenda the nomination of various people to various boards in the City of Miami. Included there are the Downtown Development Authority, The Community Redevelopment Boards that have to do with Omni and Park West Overtown. Last year I filed legislation trying to improve the amount of money and the structure of those community redevelopment boards to facilitate development in blighted areas such as Park West Overtown and the Omni area. Today when you make your nominations, I am certain and I hope that you pick the absolute best people for those boards. People that are going to he a lot more aggressive than what I've seen up until now. And that's not meant as a negative criticism. But I think that right now we all have to stress a lot of effort on the part of these boards. They hey are very important to encourage development in these areas. The bill that I filed dies in subcommittee last year. I'm hoping that this time we can work out the details with those who were not in favor of the bill and get it passed. Mayor Carollo: I thank you for those comments and they're well taken. And at the same time, I'll to acknowledge here to the public and my colleagues the hours and hours and work that you have put in trying to help the City of Miarni with your colleagues in Tallahassee. You have been one of the key members of the Dade delegation that's taken up our cause. You have spent many hours in trying to help the City of Miami and I think it's important that it's acknowledged. Thanks to some of the efforts that you've made already, I am sure, had a lot to do with the Governor's office taking the steps they did also, in advancing some of the monies that we are going to be receiving earlier. And at the same time, I'd like to acknowledge the work that our whole Dade delegation has done. From the Chairman, Ron Silver, to each and every member of the Dade County delegation. Not only those whose districts cover part of the City of Miami but even those that their districts do not. They have all come to the City's aid. They are all extremely sincere in helping the City of Miami and it's warm hearted to see that when you're need that many of your colleagues in government are coming to give of their time, letting you 36 October 10, I noA know that they're willing to help in every way that they can. And we've taken a first concrete step, a very positive step in the monies that we're going to he receiving in advance from the State but we all know that we need additional help from the State and hopefully through some of the areas that we identified yesterday, that will be forthcoming in the future. So again, I thank t you. Mr. Lacasa: Thank you Mr. Mayor, Commissioners. Have a good day. Mayor Carollo: Sure. ---------------------------------------------------------------------------------------------------------------- 13. RATIFY / APPROVE / CONFIRM EMERGENCY FUNDING -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE LEASING ONE TSE FORKLIFT FROM GALLO FORKLIFT OF FLORIDA FOR DEPARTMENT OF CONFERENCES / CONVENTIONS / PUBLIC FACILITIES -- ALLOCATE FUNDS ($34,800, CODE 350508-610, PROJECT 402003). ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move number 8. Mayor Carollo: There is a motion to approve number 8. { Commissioner Dunn: Second. Commissioner Plummer: It's an emergency four fifths. Mayor Carollo: There is a second. Any further discussion? Hearing none, all in favor signify by saying "aye." The Commission (Collectively): Aye. t F 4 k f R j r 37 October 10, 1996 ti El The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-713 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 AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE LEASING OF ONE TSE 120 FORKLIFT FROM GALLO FORKLIFT OF FLORIDA, A NON -MINORITY NON -LOCAL VENDOR LOCATED AT 12500 N.W. 35 STREET, CORAL SPRINGS, FLORIDA, 33065, IN THE ANNUAL AMOUNT OF $34,800; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES GENERAL OPERATING BUDGET, CODE NO. 35050£1- 61.0, PROJECT NO. 402003; FURTHER RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE ORDER 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 Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 14. RATIFY / APPROVE / CONFIRM EMERGENCY FUNDING -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE EMERGENCY REPAIR OF ROOF ON WEST END PARK POOL BUILDING PRIOR TO BEGINNING SUMMER POOL SEASON BY EDDY'S ROOFING -- ALLOCATE FUNDS ($14,900 SPECIAL PROGRAMS AND ACCOUNTS, INDEX 921002-70). Commissioner Plummer: I move 9. Mayor Carollo: There is a motion on 9. Commissioner Dunn: Second. Mayor Carollo: There's a second by Commissioner Dunn. Commissioner Plummer: It's also four fifths (4/5ths). 38 October 10, 1996 ri El El Mayor Carollo: A four fifths (4/5ths) vote, any further discussion? All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-714 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY REPAIR OF THE ROOF ON THE WEST END PARK POOL BUILDING PRIOR TO THE BEGINNING OF THE SUMMER POOL SEASON BY EDDY'S ROOFING, IN THE AMOUNT OF $14,900; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, INDEX NO. 921002-70; FURTHER RATIFYING, APPROVING AND CONFIRMING THE ISSUANCE OF A PURCHASE ORDER FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on Pile in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------- 15. FORWARD RELEVANT LEGISLATION CONCERNING FUNDING OF DESIGNATED CITY PROJCTS TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) TO ASCERTAIN POSSIBLE FUNDING BY MSEA FOR ITEMS DEALING WITH SPORTS / RECREATION. (See label 13 and 14) Mayor Carollo: If I may before we proceed to the next item. If the City Administration can forward some of these bills to the Sports Authority to see if there's possible ways that we might be able to use some of the monies to pay for these. For instance, this last one that we voted upon, item-9 has to do with the Westend Park pool building that needs a new roof. You know, that has to do with sports and recreation in the City of Miami which can fall within our charter to do. Even the item number 8, might be one that could possibly fall within those guidelines to. 39 October 10, 1996 Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor, on both items-S and item-9, were ratifications. So they were items that were already paid and already done. And that's why we didn't bring it up, but. Mayor Carollo: I understand but we could still discuss reimbursements. Ms. Cuervo: Staff is asking those questions and we're asking; staff those questions on each and every item. And we went through each and every item to ask whether it was absolutely necessary to expend these finds. Is there any other possible source? Is there a lesser scope of work that can be done? So as you go through each item if you have airy of those questions, I feel confident that staff can answer it. But in those two particular ones, that was the situation so. Mayor Carollo: Well S, we need it because it's going to be bringing income to the City of Miami, so. Ms. Cuervo: Exactly. Mayor Carollo: And 9, there's no other way of getting around it. Ms. Cuervo: Exactly. Mayor Carollo: OK, we're back on 1.0. Ms. Cuervo: Ten was withdrawn. Commissioner Plummer: Twelve. Yeah we're up to 12. Mayor Carollo: Good. Ten was withdrawn. That's right. Ten was withdrawn. Commissioner Plummer: Eleven was withdrawn Ms. Cuervo: Eleven was withdrawn. Mayor Carollo: Eleven was withdrawn also. ---------------------------------------------------------------------------------------------------------------- 16. (A) INCLUDE THE ADMINISTRATION RECOMMENDATION OF APPROVAL OR DENIAL OF PERSONAL APPEARANCE ITEMS ON FUTURE AGENDAS. (B) FUNDING REQUEST DENIED TO ANDRE AND PATRICIA CAMPO (AYESHA) VARIETY AND FRAGRANCE SALES COMPANY. ----------------------------- ----------------------------------------------------------------------------------- Ms. Christina Cuervo (Assistant City Manager): Item-12 just because my name is referenced there, I'd just like to clarify. Ms. Ayesha had been calling our office and requesting some funding and I explained to her that there is no funds in the discretionary account to be forwarded. She then requested an appearance in front of this Commission and so that's the purpose of this memo. And obviously like we've said before... Mayor Carollo: Sure. :1 October 10, 1996 [i Ms. Cuervo: ... we are not going; to deny anyone the ability to appear in front of us. Mayor Carollo: Well, I remember you precisely asked me about these items and I told you that if they insist in coming before the Commission they have that right to. So I told you to bring them before the Commission. But what I'd like, it' it's possible is that, for the Administration when they put people in the agenda that request to come before us, to also include right here in the personal appearance section the recommendation, denial or approval. Ms. Cuervo: What we've done in many and excuse me, because on this one I know we didn't. We forwarded memos to each of the Commissioners and the Mayor on each personal appearance telling you what the Administration's recommendations was. On this particular item, I failed to forward a memo. But our recommendation is to deny the request. Mayor Carollo: I appreciate that but what I'd like to do is to have it printed here also. Because this is what usually.... Ms. Cuervo: OK. Perfect. Mayor Carollo: ... the public gets. Commissioner Plummer: Much more effective. Ms. Cuervo: Well, what we'll do is put it... Mayor Carollo: The public doesn't see or get many of the backup materials sometimes because it's a lot more expensive to print so much of it. So we should have it clearly in this small area of our agenda. Ms. Cuervo: What we could do is put Administration recommendation, yes or no. Or you know Mayor Carollo: Right. Like you did with the Zoning Board, Planning Board. Ms. Cuervo: Exactly: Perfect. Mayor Carollo: OK, yeah. All right ma'am, go ahead please. Ms. Patricia Campo: I was, I'm not understanding all the technical talk you were just doing. I'd like to say good morning to the Honorable Mayor Carollo and to the Honorable Commissioners Plummer, Gort, Dunn and Regalado. Mayor Carollo: Thank you. Good Morning. Could you lower the mike so you could speak a little better? And we'll need your name and address for the record ma'am. Ms. Campo: Certainly, certainly. Mayor Carollo: Thank you. Ms. Campo: My husband was supposed to be here. Mr. and Mrs. Andre and Patricia Campo, known in the community, the black community specifically as Ayesha. And we've been street vendors, Mayor, for going on 13 years now, not by our choice but by the City of Miami circumstances. I think Mr. Dunn here, is one of my customers if I may. I've seen you many times pass us there. Commissioner Plummer: And what is the name of the fragrance that you use? 41 October 10, 1996 Commissioner Dunn: That's a secret. Mayor Carollo: Maybe they'll get you in the next, maybe they'll get you in the next letter. Ms. Campo: How much time do I have? Because I don't want to disrespect anything here Mayor Carollo: Well. Ms. Campo: Because I do have a story to tell. But I'm not going to Mayor Carollo: Normally we give two minutes. But let's, you know, give you at least five minutes. OK. Ms. Campo: OK. I'm going to be as brief as possible. This problem that I'm having with my firm. I'm not a street vendor by choice. I am a Dade County school teacher but I am an entrepreneur and my husband and I have had a firm as I indicated, in Liberty City, right by Southern Bell and FP&L (Florida Power and Light) for 11 years. We were there protesting the Martin Luther King Economic Development Center which was funded by the City of Miami. Mr. Plummer, you remember Mr. Mason. And to no avail. We were able to buy the... Mayor Xavier Suarez came to Liberty City. He sat, talked with the vendors and I was chosen to represent those people that wanted to get help as entrepreneurs in that area. Luckily enough through Illy effort, five hundred and seventy-five thousand dollars ($575,000) was hrought into that area at that time under the title of the Model City Loan Pilot Program. We went through the screening committee which was headed up i)}, the MLK (Martin Luther King) program. Certain people got monies. As you know, and as I have been watching the television. Today, speaking on the, unfortunately the corruption that has been taking place.. Unfortunately, my firm falls into that category. Through the office of... I would say. I don't want to call any names. I'd just say that we fall into that category and were like kicked by the wayside. My firm was approved for twenty thousand ($20,000). I have it in writing from Frank Castaneda's office. I have the application from the loan pilot program of which we applied for forty thousand ($40,000) for our firm. Many companies in that area received up to seventy-five thousand dollars ($75,000). A firm such as Popeye Fried Chicken. But that should not have... to me been a part of low income people that are trying to do business. We're trying to do business in the community, provide jobs in the area of retail sales. We had a hot dog cart. We went so far as to attract the attention of the Wall Street Journal, New York City. I didn't call them. Somebody brought me this article and I would like to make it available to the Mayor and to the City Commission. The title article stating "Black entrepreneurs face huge hurdles in places like Miami." I don't want to make this a racial issue. I just want to bring to the attention that we have suffered for 13 years as street vendors. I am only asking for what I was approved for. My husband right now is not here, he's holding down the fort with our business of 13 years. The people of the community will support us. Because they know... They come to us now, children, teenagers wanting jobs. We can apply them, give them jobs but we need a place, a building in which... This is what we're asking. So that we can come off of the street and do business like they do business in South Miami, in Coconut Grove, in Coral Gables. We just need the support of the City, this one time. This is what we're asking. We've done it ourselves for 13 years and we've been successful. We've not had to... The only time that we had to close up, in my conclusion, is when they finally decided that the area was not zoned for vending. If you go in Coconut Grove you see the areas that have the push carts, very beautiful. This is what I had asked for as well. MLK - Martin Luther King Economic Development which did nothing. Now, we're setup right there. It grew up to about 12 vendors on that block. So one morning after 11 years we came to work. Police said if you don't move, we're going to confiscate your merchandise and you have to go. So this type of treatment is something that I'm familiar to living with at the young age of, but when I was in the 7th grade I was in North Carolina, 1 went into a rib place to get something to eat. My mother 42 _ October 10, 19.96 r had sent me to a private school and I was told I couldn't sit down in there. So I'm going to private school and I'm wondering well, why is he telling me I can't sit down in here. He says "You're black." He says "you're not, this is. We don't allow sit-ins." So I'm using this scenario to express to this Honorable Commission that black people in business that are trying to do business, we're no different than our counterparts in other areas and we just would like to get some respect. I'd like to see my husband and myself be able to help the black community in giving them jobs. We have ideas for secretarial service for the youngsters coming out of high school. We have ideas for retail sales people. Such as they did in the five and ten cents (5 and 10 cents) stores. We just need to have your support. We are asking for the monies that we were approved for from Frank Castaneda's office. It was twenty thousand dollars ($20,000). We were approved. We went through the screening process. All we ask is justice and I thank you very much for your time and for your ear. Mayor Carollo: Thank you for your presentation ma'am. Commissioner Dunn: Commissioner. Mayor Carollo: Go ahead Commissioner Dunn. Commissioner Dunn: OK. I wanted to say Ms. Campo and I understand. I know you have a reputable business. I know, I can attest to the fact that you have a good, clean and honest, hard working business. However, as I have been telling everybody that's tried to come and see me these past couple of weeks, right now it's just no money available. And it hurts me. It hurts me but, we're at a point in time now, for mere survival and there's just no funds available. 1, you know, I don't know what else to say, other than at this time is just not the right time. I understand. I sympathize with you. I will be a supporter of whatever I could for persons like yourself and your husband. People who run hard, honest, clean businesses in our community. We need that. We know for a fact that we have not always gotten what we deserve but the time right now for money is just, it's not there and you know, that hurts me. But that's reality. Ms. Campo: All right. Based on that, Commissioner Dunn, can we stay in communication with you... Commissioner Dunn: Certainly. Ms. Campo: ... and when the time comes when there are funds available. Or if we can get help in terms of a building. You know there's one ownership there it seems like, in Liberty City which is located in Hialeah. A building even would be better than dollars. Because we can work and the people support us. What do you think about? Commissioner Dunn: Only thing that I could suggest to you, I'll recommend that my staff work with you and at a better time we could look into whatever possibilities may be available. I will support whatever I can legally and rightfully. But, as I stated, the time for right now is terrible. There are some other groups that probably will be here later on today, youth groups. And I'm an ardent supporter of young people because I know that it's better to, what is it, an ounce of prevention is better than a pound of cure. And, but just the timing right now is just bad for all of us, trust me. Ms. Campo: I absolutely understand that and I was very reluctant to come today because I've been watching the news. I know the situation. But, I must admit that even though so much is going on in the City with the monies not being handled properly. We still have a 13 year old problem and that didn't just start. So we have suffered and we continue to suffer so. Commissioner Dunn: I understand. I understand. 43 October 10, 1996 �i Mayor Carollo: Well, look Ayesha... Ms. Campo: Yes. Mayor Carollo: I don't want you to leave here with a false impression. Ms. Campo: Yes, sir. Mayor Carollo: Nor do I want anyone out there to get any kind of false impression. There a no monies, there are not going to be any monies for some time. In fact I wouldn't be looking 1 the City of Miami for help at least until the next century coming. And even once we € ourselves back into a strong financial situation, which we will. And it will be I feel within t next several years. In order to keep Miami strong financially, we have to change the w business was done in the past really. So there are going to be very strong guidelines that will implemented for this Commission and future Commissions to come. The City of Miami has be run more as a regular business. Obviously there are areas that we can't run it like a regul business because we have responsibilities that a normal business does not have. But we have run our monies just like if it was a normal business. So I appreciate you coming. I sympathi with the hardship that you have and many people have but the City of Miami has got no mane And once we get ourselves back in financial stability again, we will have to be very careful z how we spend those monies so that we do not find ourselves in this situation ever again. Ms. Campo: All right. Mayor Carollo: Thank you ma'am. Ms. Campo: On leaving I would like to ask if in the future you might send someone to where v are working so that they can view for themselves what goes on, seven days a week. From nine five and has gone on for... Even though they have moved the vendors we have relocated. Ai we've been there 13 months. So I would just like to ask that. Mayor Carollo: Thank you ma'am. Commissioner Dunn expressed that his office will wo with you on that. Ms. Campo: OK. Mayor Carollo: Thank you. Ms. Campo: Thank you and have a good day. 44 ,4 October 10, 1996 r 1 -------------------'----'----------------------------------------------------------------------------------------- 17. REQUIRE COLLATERAL BE POSTED BY MR. MARTIN S. TRITT (DB/A WATSON ISLAND FUEL AND SUPPLY) IN AMOUNT EQUAL TO WHAT HE OWES THE CITY (INCLUDING; CURRENT DEBT PURSUANT TO 1994 AUDIT, PLUS CURRENT AMOUNT OWED FROM 199.5) WITH INTEREST -- IF AFOREMENTIONED ARRANGEMENT FOR PAYMENT DUE THE CITY IS UNSUCCESSFUL, DIRECT CITY ATTORNEY TO TAKE LEGAL RECOURSE. Mayor Carollo: OK, 13 we defer. We're in item 14 now. Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor and Commissioners, the Administration recommends against the request of Watson Island Fuel and Fishing Supplies. They're asking for a deferral on their payments. And I don't know if they're here to make their presentation. Mayor Carollo: They are, I see. Ms. Cuervo: Yes. Commissioner Plummer: I have nothing other than a request for an appearance. So I have no idea. Ms. Cuervo: Right. They are requesting a deferral on nine thousand dollars ($9,000) of unpaid rent, I believe. Commissioner Plummer: Well, I would hope Christina that the Administration in the future would give us just more in our backup. More than just a letter asking for the appearance. No, you, the Administration. Because the new policy of this Commission is, that nothing gets in as a personal appearance without first going before the City Administration. So if they are going to go to you, whether you give it to us or whether they give it to us. I think we ought to have more than just a letter so we'll have something to digest. And if they want to defer it. You want to defer it, or they do? Mr. Martin Tritt: No, we don't want to defer it. Commissioner Plummer: Huh? Vice Mayor Gort: He wants to defer a payment. Commissioner Plummer: No, no, no. Did you want to defer this item today? Ms. Cuervo: No. They are asking for a deferral on payment, I'm advising you what they're asking. This is, you know. They request a personal appearance. Commissioner Plummer: All right, OK. All right, all right. Mayor Carollo: They want an IOU (I owe you). Commissioner. To put it in plain English. Commissioner Plummer: A what? 45 October 10, 1996 r Mayor Carollo: An IOU. Commissioner Plummer: Yeah, uh-huh. Mr. Tritt: My name is Martin Tritt. I live at 5261 Lagorce Drive. I am a native born Miamian, 63. I have running Watson Island Fuel and Fishing Supply for 18 years in spite of the City. In the past two years, I have paid dawn from seventy-two thousand dollar ($72,000) debt to forty- five thousand ($4.5,000). After much to do with trying to find the fifteen thousand dollar ($15,000) payment that I made, they finally found it and agreed that for the 1994 audit, I owe nine thousand two hundred and ninety-nine dollars ($9,299). I am asking you to add this to the amount that's left remaining on the monies that I am paying at two thousand dollars ($2,000) a month. Which will make it thirty-six thousand dollars ($36,000). Making complete payment to the City in 18 months. I've already dissipated almost all of my personal funds that I had before, from my mother's inheritance and things like that. I have had to put a thirty thousand dollar ($30,000) mortgage on my home to get a Small Business Administration loan, in order to fix my docks from the hurricane. This will be a deferral of six months. You're making anywhere from two thousand to five thousand dollars ($2,000 to $5,000) a month from me, in addition to the two months that I am... in addition to the two thousand dollars ($2,000) that I am paying on the old debt. This will just extend it by six months. I don't think that's unreasonable. Business is the worst it's ever been. The Causeway has dissipated my income a great deal. Nobody comes from any of the islands anymore. I had a good many customers before the people at DOT (Department of Transportation) refused to give us a traffic light at that location. There was another accident there last night. The signage on the road. My signage was there for many years and those other pictures that you have there, you'll see a yellow sign that I had made to replace the sign that was destroyed by the people building the road... I've not been able to get any cooperation from Mr. Rodriguez's office. As far as having a sign by the road, Pan Am Airlines has one. The Fisherman have one. There is another one that doesn't even belong there. The helicopters .have all the signs that they want and I can't get permission to put a sign there. Not having a sign and having a hig hedge of trees which was put there by Miami Vice, practically makes my place invisible to the public. I'm asking you to add this nine thousand dollars ($9,000) on to the current debt that I owe. I'm keeping current with my present payments. I don't think it's an unreasonable request and I can only assume with all of the inundations of inspectors and things that we have, that there isn't any government in the sunshine in Miami. Because otherwise I would be able to find out who sets off these things. Every time that the police come and get rid of all the homeless around my store, I have a break-in into my locks or something like that. There are fuel deliveries on public property. There are vendors that come in every Saturday and Sunday that take away a good part of my business. I call the police at one o'clock, at seven o'clock at night they call me back. And they say, do I still want the police? Hell no, I don't want the police because it's already nighttime. There used to be four or five hundred (400 or 500) people on Watson Island every weekend to enjoy the view of the bay, the view of the port. There are hardly anybody there any more. I'm just asking you to extend my payments for the short period of time, and for a City that has no income from Watson Island with the exception of the new lease with the Parrot Jungle and the lease with the Outboard Club, I would think that you would want me to stay in business. I'm trying to figure out a way how I can have some public days to abate some of my rent. Mayor Carollo: Mr. Rodriguez. And let me say this. That a couple of statements that Mr. Tritt made, that in spite of the City of Miami, he's been holding and working in the store there. The City of Miami hasn't put a bun to your head to do business there. You could have left anytime you wanted. Mr. Tritt: No, sir, they haven't. But I haven't been able to talk any intelligence to DOT, or to DERM (Department of Environmental Resources Management) or to any of these people that are causing me a great deal of expense. Also... 46 October 10, 1996 r Mayor Carollo: Very goad, sir. Yeah, you know you. It's fine to throw the blame at everybody else and you know we've been getting a lot of that lately. Mr. Tritt: Now, there's one other thing I'd like to point out. OK. Mayor Carollo: Hold on fora minute. You had your time to speak. Now let me speak. Mr. Tritt: All right. Mayor Carollo: The basic problem we have here is that you have not been forthright to the City of Miami for quite a few years, and this is why you're paying these extra monies. This is one audit in '94 that there was some nine thousand plus dollars that was found that you owed the City. But how many more audits have there been before that, that lie was not forthcoming to the City of Miami in telling us how much money he owed? Mr. Eduardo Rodriguez (Director, Asset Management): Before that? Yes, sir. Before we find out, seventy-one thousand dollars ($71,000) before that. Mayor Carollo: What year? Mr. Rodriguez: 1990 to 1993. Mayor Carollo: 1990 to 1993. IMr. Rodriguez: We're auditing now, 1995... Mayor Carollo: OK, now that's the problem. See it's not our fault. Maybe you've had accounting problems. Maybe not, but the bottom line is, that those were monies that you owed the City of Miami. Now, you're coming to us trying to throw the blame at us. l think the City of Miami has been quite patient with the situation there. Now, as I see it, the only decision that we need to make here today, is a business decision. You're wrong. You're dead wrong in this. You owe us money. We don't have to extend monies that are awed to us by you, at all. But the only decision that we have to make is, what is in the best interest of the City now? To say no, and either tell you pay up or you're out, or is it in the City's best interest to try to extend this at this point in time? And that's really the bottom line of the recommendations that I'd like to hear from staff. What is the best interest of the City of Miami? What course of action would be the best course of action to protect the most revenue to the City of Miami? Obviously he's got his assets well protected. You heard him, you know, with the stories that he gave here. So, if he walks out now, you are not going to be able to collect a penny from him. Mr. Rodriguez: Correct, that's the point. Mayor Carollo: But in the meantime, he's operating there and he's bringing in money every day. And what 1 see that we are doing here is, that we keep extending payments and then putting more payments that are owed to this City on top of past payments. But in the meantime, we're not getting the payments that are owed to us. Mr. Rodriguez: Correct sir. This is a recurring problem since 1990. You know, we want the percentage that belongs to us. With the agreement that we have, he had to pay it. The last time that we came here, it was two years ago. The Commission gave him a payment plan. No interest was charged to that money. So he's paying two thousand dollars ($2,000) on that money. We another audit now for 1995 is another nine thousand dollars ($9,000). 1 don't know what the 1995 audit is going to show but... 47 October 10, 1996 Mayor Carollo: That's not been completed yet. Mr. Rodriguez: Not yet. But we're in the process of doing that. I think my recommendation to you at this point is, you know, lie has to pay the nine thousand dollars ($9,000). We want to keep him on site, doing business. We're making money out of this operation also. And this is in Watson Island. Basically, if we actually evict him out of there, we don't have any other option but to close up business at this point. So at the same time the. Development Department is working on a master plan for development of the whole island. It's worth it for us to keep it on site, at this point. My recommendation. Mayor Carollo: But at the same time, since he knows that, what he's basically telling us, he don't want to pay the nine thousand plus. Based upon what I've heard is, that if he wants to operate there, he's going to have to pay that money now. Mr. Rodriguez: That is my recommedation. Mr. Tritt: May I say something... Mayor Carollo: How much time do we have to give him if he doesn't pay that money to get him out of there? Mr. Rodriguez: Thirty days. Mayor Carollo: Thirty days. Well, that's going to be my position. I'll open it up for further discussion to the Commission. Commissioner Plummer: I got a question. Mr. Rodriguez: But I want to point out sir, that we're going to lose the balance that we have from before, that is twenty-six thousand dollars ($26,000). From the prior audit. He still owes us twenty-six thousand ($26,000). Mayor Carollo: I understand what you're telling me but... Mr. Tritt: Plus the nine thousand dollars ($9,000) which I'm willing to pay. Mayor Carollo: Sir, sir, you're out of line. Once we're done talking. I'll give you some time again to talk. Now, the bottom line is, that we can't be dealing with a gun over our heads. That money is there due to us. If we don't give him an extension for the 1994 monies that were due to us that he won't pay monies that are due from 1990, '91, '92 and '93. And on top of that, you're telling me that even for the year of 1995, we don't know what monies lie might owe us or not owe us from 1995. And here's 1996, it's almost over. So, we have another year, at least three- quarters of the year that we don't know how much more monies might be owed to us. Because it seems that he has had a pattern that year after year we have been short changed into payments that have been due to the City. So the bottom line is that, he might be saying, well you're going to lose twenty-six thousand dollars ($26,000) if you get me out of here. Well, then again he's going to lose everything else he's making there. Mr. Rodriguez: Correct, sir. Mayor Carollo: So he could make up the decision. 48 October 10, 1996 12 Mr. Rodriguez: Another option that we have is as a security on this money. And in the prior money that he owes us. Personal security. And in that way we're security, he leave the site, we're going to collect. Mayor Carollo: When you say. What securities do we have there? Mr. Rodriguez: None. We don't have any security on that money that is owed to us. Ms. Cuervo: I think lie's asking for collateral. Mr. Rodriguez: Collateral. Ms. Cuervo: I think that's. Commissioner Plummer: No, well I asked for that before. Two years ago, when he was here before that he was willing to put up his house and he was going to take a gamble. And the Commission did not agree to that and that was the reason I voted negatively. Again, there's couple of things here. My first is a question to you, sir. You know your books, or I think you know your books. Do you owe any money for the year '95? Mr. Tritt: I don't believe that I owe any money for the year '95 or '96. I've been paying from two thousand to five thousand dollars ($2,000 to $5,000) on the... Commissioner Plummer: That's paying off the old debt, now. Mr. Tritt: No, no, sir. On the current rent. In addition, I'm paying two thousand to the old debt. Business is the worst that it's ever been. And that's largely because of the traffic situation at Watson Island. The roadway under the bridge is almost complete. The curbs and everything are put in. If the City has no money to do the asphalt, then a small layer of tar will hold it together until the City has time to do it. Commissioner Plummer: Sir, you're going far field of my question. Thank you. My second point to my colleagues is very simple. If things are as bad as what lie says they are, and the picture that he paints is so dark, why do we Peel that he's going to be doing any better in the year to come? Now, I'll give you my bottom line. If lie wants to stay there, I'm back where I was two years ago. Either he's got to put up something in equivalent of collateral of what the City is due and owed or let's file a lawsuit against him and put a lien against his house. Which I don't want to do, but, I think he's got his options. Either put up a collateral that is equivalent to what he owes the City or let's file a lawsuit. Because, as I said to this Commission, the other day, any contracts in the future that we sign, we should have, at least, no less than a six-month deposit. And on the third month, if they're in arrears over three months, that's when you start foreclosure action and hopefully by the sixth month it will be resolved one way or another. If we'd had done that here, we'd had never been in this problem today. So, my vote is predicated on collateral equal to what he owes the City or let's go the other route. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Commissioner. Commissioner Dunn: I believe that we have to send a message to everyone in the City that we mean business. And we can no longer, for a lack of a better term, be Santa Clauses to people who are not helping the City. It's about a business, that's the way the City has got to be run. When I was appointed, I said I would be fair to everybody. I'm going to do that, God's willing. But at the same time, we have to be firm and I support doing whatever we can to show fiscal 49 October 10, 1996 [A i 04 prudence as well as to do what's best for the City of Miami. So I support the Mayor as well as Commissioner Plummer. We need to do something and we need to start right now. Mayor Carollo: Is there a motion Commissioner Plummer? Commissioner Plummer: If you... I thought I. Yeah, I'll make a motion in which I said previously. Mr. Tritt: Do I get a chance to talk before you vote? Mayor Carollo: Sir, you're out of order. We're going to make a motion. Mr. Tritt: Oh, OK. Mayor Carollo: If there is a maker of the motion, it's going to be second. Then I'll open it up for discussion. You'll have two final minutes. Commissioner Plummer: My motion is very clear. That the Administration immediately forthwith try and establish a collateral in the amount of no less than what the City is owed, plus interest. And if unable to do that, that we immediately proceed to take legal recourse to try and recover those monies that are owed to the City. I so move. Commissioner Dunn: I second it. Mayor Carollo: Is part of your motion Commissioner, that we implement the 30-day clause, to remove him from there? Commissioner Plummer: Well, I didn't say that. I thought I was broad coverage by instigating legal action. And whatever he can do within 30 days or less or more, would be up to him. Mayor Carollo: That's fine. Mr. Rodriguez: A clarification. This is for the nine thousand dollars ($9,000) or for the prior balance also? Commissioner Plummer: Sir, I thought I was clear. Let me clarify it again. It is for collateral for whatever monies he owes the City. Mr. Rodriguez: OK. Mayor Carollo: Everything. Commissioner Plummer: OK. Now, I heard a number of thirty-six thousand ($36,000). I'm not saying what the amount is. You know what the amount is and, excuse me, so there's no misunderstanding that would include what he owes from '95. When that audit is completed if it's necessary to go that step further. His belief is that he doesn't owe anything, so maybe that's what it is. But anything that he owes, he either gives, establishes collateral or let's take legal action. Mr. Rodriguez: All right. Mayor Carollo: All right. Sir. Mr. Tritt: Yes. I have only this to point out. I am paying the two thousand dollars ($2,000) on the debt that I have already. If I have to, I will pay the nine thousand ($9,000) something at a 50 October 10, 1996 1i great deal of personal difficulty to myself. Like I told you, I have already put a thirty thousand dollar ($30,000) mortgage on my house for the Small Business Administration loan for damage to my dock. I haven't been able to find out, and I wish somebody would tell me if FEMA (Federal Emergency Management Agency) has given the City money for the damage to my dock that I never was able to recuperate. I knew that the inspectors were coming over there and working on it. The agreement that I have already, allows me to pay the balance of the twenty- nine thousand dollars ($29,000) at two thousand dollars ($2,000) a month. So if I. Commissioner Plummer: That's already changed, sir. My motion changes that. Mr. Tritt: Why would you change an agreement that you have with me? Commissioner Plummer: To protect the City's amount of money due. Mr. Tritt: You have been paid for the last year and a half, forty-five thousand ($45,000) on the seventy-five thousand dollar ($75,000) debt. You have been paid anywhere from... Vice Mayor Gort: Excuse me, let's not go back and forth. Commissioner Plummer: OK. I'm not going back and forth. Vice Mayor Gort: Go ahead sir. Mr. Tritt: You've have been Maid anywhere between two and five thousand dollars ($2,000 and $5,000). I can't get a sign by the road. I put a sign out and the next day it was destroyed. Mr. Terkeurst told the that he destroyed it after he ordered me off of his property, because I brought up the fact that he's living in a bus over there. I've been trying for 18 years to become one of the good old boys in this City, but I don't see how anybody can do it. However, I have been running a very good business at reasonable prices to all the people of the City of Miami. I was born in Miami. I'm probably the most qualified person to he there, the City will never find anyone who will run the business with as much work as I've put into it. And you are getting back your money. And I think fora City that's worrying about money, there are all kinds of ways... There was supposed to be a flower vendor by the road. Laurie Lutes tells me that it would take a vote of the City to get flower vendors. You've got kite vendors. You could get all kinds of extra income there. I've offered the City to take care of the Marina over there. Vice Mayor Gort: Sorry sir, your two minutes are up. Mr. Tritt: Sir? Commissioner Plummer: Mr. Vice Mayor. Vice Mayor Gort: Yes. Commissioner Plummer: I would ask of the Administration... Hello, hello, calling collect. I would also ask you that when you come back to the City Commission that you give me the assessed value of his home on Lagorce Drive. Mr. Rodriguez: OK. Commissioner Plummer: Thank you. Vice Mayor Gort: OK. 51 October 10, 1996 Mr. A. Quinn Jones, III (City Manager): Mr. Vice Mayor. Vice Mayor Gort: Is thereany further discussion? Yes. Mr. Jones: Yes. Mr. Vice Mayor, on the twenty-six thousand ($26,000), if we've already got an agreement that has been entered into, you can't just unilaterally change that. Vice Mayor Gort: Commissioner Plummer? Commissioner Plummer: Sir. Vice Mayor Gort: It's important you listen to the legal opinion. Commissioner Plummer: What is that? Mr. Jones: On the twenty-six thousand... Commissioner Plummer: Yes, sir. Mr. Jones: ... that we've agreed to a payment plan or whatever else, that just can't be unilaterally changed. That would have to be a mutual change. Commissioner Plummer: That would be what? Mr. Jones: A mutual change. Commissioner Plummer: Well, you know, that's all well and good. But let me tell you my problem there. At the time that we made that agreement he was not an additional nine thousand dollars ($9,000) in debt. He is not in current as what we agreed. Sir, excuse me. Mr. Tritt: No, I was seventy-two thousand dollars ($72,000) in debt at that time. Vice Mayor Gort: Sir, you are out of order. Excuse me. Commissioner Plummer: At the time we made that agreement, he would stay current plus pay off the debt. Now, from what I've been told and I'm using their numbers, he went an additional. So, in my estimation, he breached the contract or the agreement he had with this City. And when he did such, it's why it's before us today. And as such, that's why my motion was very, very clear. To say the total amount of money owed to the City and I included by the way, so ! there's no hidden agenda, plus interest. OK. Mayor Carollo: Well, the bottom line is, that the message that this Commission is sending is that business as usual is not going to go on anymore in the City of Miami. If we have contracts on City properties and people owe us money, they're going to have to pay up, or they are not going to be having those contracts any longer. So I call the question. We have a motion. There's a second to the motion. All in favor signify by saying "aye." The Commission (Collectively): Aye. i i 52 October 10, 1996 t [i The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-715 A MOTION REQUIRING THAT CERTAIN COLLATERAL BE POSTED BY MR. MARTIN S. TRITT (D/B/A WATSON ISLAND FUEL AND SUPPLY) IN AN AMOUNT NOT LESS THAN WHAT HE OWES THE CITY (INCLUDING HIS CURRENT DEBT OF MONIES DUE PURSUANT TO THE 1994 AUDIT, PLUS THE CURRENT AMOUNT OWED FROM 1995) WITH INTEREST; FURTHER STIPULATING THAT IF THE AFOREMENTIONED ARRANGEMENT FOR PAYMENT OF MONIES DUE TO THE CITY PROVES TO BE UNSUCCESSFUL, THEN THE CITY ATTORNEY SHALL BE DIRECTED TO TAKE LEGAL RECOURSE TO RECOVER SAID MONIES. Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayer Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 18. PERSONAL APPEARANCE: MS. SONDRA WALLACE REQUEST FOR FUNDS FOR HEAD START PARADE / FESTIVAL, OCTOBER 19, 1996 -- REQUEST DENIED. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. Thank you. We go to item number 15. Ms. Christina Cuervo (Assitant City Manager): Mayor and Commissioners, item-15 is a request for in -kind services for the upcoming parade and festival that's put on by the Community Action Agency, Head Start Program and the Administration did forward a memo on this and recommends denial on their request for in -kind services. The Police Department, however, is going to provide two police cars on duty - on duty? - on duty to the parade. Mayor Carollo: Ma'am, I'll give you some time to give your presentation but I think you've seen the situation that we have here and I don't think you'll be getting any waivers. We can't afford it anymore. But I'll give you the opportunity to speak. Ms. Sondra Wallace: OK. I didn't realize. Good morning Commissioners and Mayor. I didn't realize, you know. Mayor Carollo: I'm sorry, we need your name and address for the record. Ms. Wallace: I'm. My name is Sondra Wallace. My address is 395 N.W. First Street and I work for the Dade County Head Start Program. We had started this planning process in May and 0 53 October 10, 1996 �i was not aware of the financial crisis that the City is in. And in addition to that, I did not realize that it had been denied or deferred. Otherwise, you know I would not have come. Mayor Carollo: All right, ma'am. Ms. Campo: It is a program. The festival really is for the children and families. Not only within this area but throughout Dade County. And in the past year, the last two years, we've had up to maybe about three thousand families and children throughout the County there participating in it, so this was... Mayor Carollo: Well, we appreciate and applaud your work and efforts but I hope that you could understand our position and our situation. Ms. Campo: OK. Mayor Carollo: Thank you ma'am. Ms. Cuervo: Mr. Mayor I just want to clarify that we did call and advised them that we were going to be recommending denial. So I'm sorry if there was a miscommunication. Ms. Wallace: Oh no. Yeah. Ms. Cuervo: So we are going to make a point of that, obviously before every personal appearance that's requesting this. Mayor Carollo: OK, we're on item-16. Ms. Wallace: So we have the Police, we have two cars. Ms. Cuervo: Two cars on duty. Ms. Wallace: OK. Mayor Carollo: Yes, OK. Thank you ma'am. ---------------------------------------------------------------------------------------------------------- 19. PERSONAL APPEARANCE: MS. NORA HERNANDEZ HENDRIX CONCERNING RE-ESTABLISHMENT OF CITY RESIDENCY REQUIREMENT FOR CITY WORKERS -- EXPLORE ESTABLISHMENT OF COMMUTER FEE FOR ALL NONCITY RESIDENT WORKERS -- CONSIDER RESIDENCY OF ALL NEW HIRES -- DEPARTMENT DIRECTORS/ADMINISTRATORS BE GIVEN TWO (2) YEARS TO MOVE INTO CITY OF MIAMI. Mayor Carollo: Item-16. Ms. Christina Cuervo (Assistant City Manager): Mayor and Commissioners, we also forwarded a recommendation on this. And it was probably received in your office yesterday. But after their presentation I'll let either Angela, or Sue Wella or Judy Carter speak to them. Mayor Carollo: Sure. Your name and address ma'am. 54 October 10, 1996 1i Ms. Nora Henandez Hendrix: I'm Nora Hernandez Hendrix, I live at 3898 Northwest 1st Street, Miami and I serve as Chairperson of the City of Miami Affirmative Action Advisory Board and I'm here before you in that capacity today. The Affirmative Action Advisory Board sent to the Commission at the time in July a letter regarding Resolution 95-79 which dealt with city residency for City employees. And within the context of wanting to ensure representation within the City workforce and quality of life for employees as well as all residents of the City of Miami, we have been discussing this issue. As City tax paying and voting residents and as your appointees to the Affirmative Action Advisory Board, we're concerned with policies and practices that impact on the hiring and promoting of City employees. We believe we express the feelings of many other tax paying and voting residents of Miami who are outraged at City employees who are recipients of City resources, yet invest their money, time and interest in other communities. Those of us who work and live within the City produce bllSineSS and pay the taxes and fees that support City government. At night we are members of our neighborhoods, our homeowners associations, our parent -teacher organizations, our crime watch groups, as are you. If the sole purpose of affirmative action legislation was to secure jobs for members of adversely impacted minority groups, the program would be myopic. Complete fulfillment of the objectives of this social legislation can only be accomplislied when we examine all of the policies and practices that continue to serve as barriers to or that fail to ensure complete improvement of the quality of life for City employees and City residents at large. The arguments against the residency requirement appear to conceal other underlying problems. These arguments have been successful because of a lack of scrutiny and creativity rather than actual validity. As a group of citizens we are confident that it is possible to identify a large number of trainable City residents from our neighborhoods who would be able to become effective workers for the City and who also live, vote and pay taxes in the City. We believe that because they live in the City the quality of work provided while on the job and their commitment to the City might actually improve over that provided by non -City residents. By eliminating the residency requirement, we are telling our employees that they need not live with the results of their work. A comprehensive plan to improve the quality of life in the City is required. The plan should attract employees and others back to the City. We believe that in the spirit of not doing business as it has been before, that this should enter the dialogue as well. Thank you. Commissioner Plummer: May I speak to the issue? Mayor Carollo: Go ahead Commissioner. Commissioner Plummer: You know 1 couldn't concur with you more about we, sitting here, have to live in the City, the pride that you have in your home and the surroundings. But I guess in my longevity here the problem has always been the same. We instigate these kind of policies. We encourage these kind of policies and within a matter of months, the Administration is t coming back and saying we can't get anybody, we can't get anybody. I remember when we did it with the Police Department. We didn't have any real applicants that we could get to put into the schools. The Fire Department. Now, I have no problem instigating a policy of all future hirings being in the City of Miami. But you've got to part a provision that in this situation where you cannot get residents of the City of Miami, that there is an out for the City Manager to come before the City Commission. It's just got to be. I can remember the days when we used to recruit four people for the Police Academy to get one in. The last that I've heard. And maybe it's different today, good or worse is that you've got to recruit almost 20 to get on in the academy. And there's a number of reasons, background and other things that create the problem. I think what you're saying here today sounds great. I think it is a good thing, if it were humanly possible. But all I'm saying is, that time over the past has shown that it creates problems. And I think that what you have to do, if you do put in such a policy as we did before. Is an out on individual cases, that in fact the City Manager can come before this Commission and say, 1 "gentlemen we've looked all over and -advertised to get an air-conditioning mechanic repairman October 1.0, 191, - 1 and we have none available." So I'm just saying that this is really nothing new. It's been done before and we've had problems with it. Even though, it. is very desirous. Ms. Hendrix: Mister.... Commissioner. Regalado: Mr. Mayor. Mayor Carollo: Let me. Go ahead, Commissioner. Commissioner Regalado: Mrs. Hernandez is very right is saying that there is a lot of good people in the City of Miami. People that could be trained. At the same time, we recognize that we have a problem with housing here. That many employees go out to the suburbs to get affordable housing. But I believe that the people who work for the City of Miami should have the pride of living in the City of Miami and in many ways we can include some kind of provision that said, "Well, those who apply and who live in the City of Miami will have priority to be hired on an any new jobs." Mr. James Mann (Vice President, Fraternal Order of Police): You have that in place already Commissioner. Commissioner Regalado: I'm sorry. Mr. Mann: That's in place already Commissioner. Ms. Curevo: There is preference in place for City residents on employment with this City. There was preference before. There was just a plain, all out residency requirement. And if you want, staff can advise you. Commissioner Regalado: Can we know what the results of that...? Ms. Joni Jones -Harris (Employment Manager, Human Resources): Yes, sir. My name is Joni Harris. I'm representing Angela Bellamy from the Department of Human Resources. And we have lived through this experience and as Commissioner Plummer has indicated, we have found that we have had very severe difficulties recruiting, particularly for certain classifications. For instance, our trade inspectors which are revenue generating positions. We had to recruit for two years before we could fill one building inspector lI structural position. Positions that were typically easy in the past for us to recruit for such as a typist clerk. We had to recruit for two years, ten times. Twelve times, excuse me. Ten times on a open basis to try to generate enough applicants in order to fill positions. But you do need to understand that we are in agreement. And we do support what the Administration has implemented, which is a preference clause for City residents. Which, basically has the effect of not delaying the effective delivery of services but at the same time, giving the residents of the City of Miami an opportunity to apply. We have looked at the numbers before. We understand that we have quite a few well skilled persons within the City but you also need to understand that all of those employees are not going to apply necessarily to work for the City of Miami. Commissioner Regalado: But, excuse... Ms. Harris: For instance, 69 percent of Coral Gables employees are City residents. Commissioner Regalado: Right. But excuse me. Have we made any effort to see that employees of the City of Miami on their own have made any effort at all, to seek housing within the City limits of the City of Miami. Do we have any mechanism built in our regulations to see. OK, you are a very qualified person. But can you show us that you have tried to look for a home 56 October 10, 1996 1i within the City limit. That you have tailed. But can you tell us, if you have done that within the period of. I don't know 18 months, 24 months. I see a lot of houses for rent, in the City of Miami. I see a lot of houses for sale in the City of Miami. Yes, there are areas where housing is very expensive and probably old houses that need repair. And then, you're better off going out to Kendall, Cutler Ridge and buying a new home for what you would pay in the City of Miami. But, in gas, insurance... I mean, that's an economic consideration. We have a lot of good housing in the City of Miami. In tact if people were to he asking or looking for real estate in the City of Miami there will he more developers interested in building more buildings, new buildings or new housing in the City of Miami. Ms. Harris: Commissioner, I believe when we first started looking at this issue of residency, some seven or eight years ago. At that time, I think the Biscayne Park and the Arena Park Towers facilities was going up into City. And there was some incentives looked at, in terms of being able to give employees a certain amount off if they would move there. You're talking about current employees who already have residences and there was no money available at that time and I would imagine certainly not at this time to give City employees relocation expenses. It's very expensive to relocate from one home to another if you've already invested and have been there for some time. And I know. Commissioner Regalado: Urn saying that we should pay. What I'm saying is, they should show that they have made at least an effort. At least just go around and see if they have some houses for sale or apartments for rent. And the reason I'm saying this, is not because one wants to pressure residents of other areas, who are also employees of Miami to come and live here. The reason is, because we're in the tnidst of a crisis and because we, the residents of the City of Miami are going to take the heat for the financial crisis that we have in the City of Miami. And it would be the best thing for any employee of the City of Miami to live now, in this day and age in the City of Miami so they can realize that we, thee residents of the City of Miami would have to pay more for services and we're going to have to cut services. So you know, in this crisis we should encourage our employees to at least try to make an effort. And show the administration that they're making an effort to come back or come to the City of Miami to live. I mean, we live here. We're going to have to pay more if the Commission decides and the Administration decides. So I think that as employees, we should share everything, the good and the bad. Ms. Harris: OK. I just want to make sure that as you Commissioners and Mayor decide on the issue of residency, that you are fully informed as to the impact that it has had upon us previously. And in terms of the number, Commissioner Plummer, the ratio, the selection ratio of persons recruited versus persons selected for police officer is 35 to one. As opposed to 20. Commissioner Plummer: It's 35 now. Ms. Harris: Yes. OK. Just so that you know. We've just had the most, the largest recruitment for police officer in the history of the City, I believe. And we had 3,327 applicants who applied. Of those that applied, I think 500 of those were City residents. And of those 500, 300 passed the test. Now, from the 300 that passed the test and that we can certify to the Police Department, the ratio of selection is ten to one. So, from all those 3,000 applicants that we have gotten and that we are going to try to fill positions, or we had the intent of filling positions to come up to an appropriate staffing level to he able to deliver services to City residents, we would barely be able to get one class out of that recruitment, if we only restricted it to City residents. However, you do need to understand that City residents are given preference in the process. So those persons, once you look at City employees then, the City residents are given preference before persons who live in Dade County or other municipalities. The other thing that you should be aware of is that 70 percent of your City employees are non -City residents. Certainly, it is encouraged. And I think the last time that you had a residency ordinance the stipulation was that in the event that those employees relocated that those persons would have to move into the City. So, the 57 October 10, 1996 �i P 00 preference issue is one that allows us, to give City residents preference in the process. While at the same time making sure that the residents of the City don't have their services delayed. And also, that the City does not lose money from not being able to fill revenue generated positions. Commissioner Regalado: OK. You're right in everything that you're saying. But, it, what I'm saying is that we should include: some provisions that say that "the City employee living outside the City limits should, maybe not must, but should make an effort to see about the possibility of moving. Its doesn't have to be tomorrow. But I mean this is nice City. It's a very beautiful City. I mean, why not look for some place to move. It doesn't have... We don't have to give them an exact time. Just make an effort. And that I think will raise the morale of many of the citizens of the City of Miami. I don't see any harm in that. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Commissioner. Commissioner Dunn: In all honesty, Mayor and Commission and staff and to Ms. Hendrix, I don't know what the feasibility would be in terms of those persons who are already currently employed. I heard that in your presentation. But certainly... Mayor Carollo: But you can't force them. Commissioner Dunn: No, I understand. Mayor Carollo: Commissioner. Commissioner Dunn: I understand. That's where I'm going. So I would kind of, more or less count that as water under the bridge. So to speak. But I would like to see from the personnel end of it a strong enforcement of that preferred, you know. Because certainly, it's really, to be honest, it's unfair for a person to eat from an area and then take the goodies somewhere else. And I think that's the whale issue. Mayor Carollo: It very much is. But, the problem lies that we've become a City of either the very rich or the very poor. The middle income housing is very limited. And it's very difficult to require of employees that are making middle income salary to have to either move to an area that they can't afford. That's very expensive. Or to move into other areas that is a lot less of a home in quality that they might be able to afford by moving outside of the City of Miami. I for one, have always wanted to have employees that work in the City, live in the City. But it's very... It is a very difficult situation and what it will accomplish will be it is going to put us in a situation that we will not be able to hire the very best employees for the City. Many people that would otherwise apply to come work in the City of Miami, won't. If you put them into a situation that it would be very difficult to find housing, it's going to limit us tremendously. At the same time, we have to look for other ways to remedy that. And one of the ways of doing it is by trying to create programs that we can redevelop old neighborhoods of the City of Miami. For instance, we have some new housing that's being built in different parts of the City that are one and two bedroom affordable apartments. We need to also look into other areas that we can build housing that is more affordable. But we have to keep in mind that when you talk about cities like Miami. We don't have room to grow except up. And we don't have more land to spare. What land we have, is land that we can build apartment buildings. And the County has all West Dade County to expand, South Dade County. We don't have that. So we're limited in the kind of affordable housing that we can give. Let me try to move this along because we have a long agenda and we need to bring this to a head. And let me say this for anybody else that's here or that's listening to this and come in the afternoon. For the remaining portion of the meeting, we have a tremendous amount of personal appearance. More than I've seen in a long, long time. I'm going to limit 58 October 10, 1.996 anyone to two minutes of what they need to present and two minutes rebuttal. And we need to move the agenda quickly. Otherwise, we're going to he here until midnight. Mr. Mann. Mr. Mann: Mr. Mayor, Commissioners, Madam Manager. My name is James Mann. I'm here on behalf of the Fraternal Order of Police, located at 710 Southwest 12th Avenue. I'm not going to repeat a lot of what Commissioner Plummer has said or Ms. Harris. It would be repetitive. I would like to point out for the Commission though, for the Commissioners that were not there. The City made residency part of Our contracts. By your action the other day, you authorized the Manager to engage in goad faith negotiations with the unions on our contracts. You placed a lot of faith in the Manager's ability. The message that's being sent is that there's a lack of good faith because residency is a part of our contract. We did not want it. The City wanted residency in our contract. We pointed out to the City that by putting residency in our contract you make it subject to negotiations rather than leaving it out and allowing the Commission the latitude to do what you've indicated you would like to do. But understanding your concern and you're wanting to get residents in, our contract allows for a hiring preference for equally qualified persons who live within the City. It allows for a hiring preference. It gives the City the latitude to expand their pool. A problem that came up in 1993 and 1994. The reason that they did some changes oil that, is they were having to turn away qualified minority applicants because they did not live within the City of Miami. So you have the latitude currently in your contracts. The only other think I need to do is, I need to take exception with the comments that have been made, that if employees live within the City, they are going to give better service. You have professional employees working for you. They are professional. By trying to insinuate that they're giving less quality service by virtue of their residency is insulting to them. We ask, and we demand that they act as professionals. They do. They take pride in their job. And it's insulting to try and insinuate that they do less. Or they take less pride in their job because they don't live in the City. Some of us lived in the City and same of us had to move out for personal reasons. The fact that we had to move out doesn't lessen the pride that we have that we work for the citizens of Miami. And it doesn't lessen our dedication to the citizens of Miarni. Mayor Carollo: I don't think anyone here has said that, Mr. Mann. On the contrary. You know, I think you've misunderstood any statements that were made. But I'm curious on a couple of things. For instance, do you live in Dade County? Mr. Mann: I live in Dade County. Yes, sir. Mayor Carollo: Obviously you don't live in the City of Miami from what... Mr. Mann: When I was employed prior to graduating from the Police Academy I moved into the City of Miami. During the course of my employment, my mother nearly died prior to my becoming a City employee. The result of her illness, she developed a permanent respiratory condition, Mayor Carollo: Well, I'm sorry to hear that. But you don't need to explain why you moved. Mr. Mann: And it. But what happened was necessitated my... I felt as a son, who is proud of his mother and owes her what she's done for me, throughout her life. I moved out to move in with her, to help take care of her and that's what happened. And when I was looking to move back into the City, Hurricane Andrew came along and the people that were displaced were within the City of Miami and I could to find housing in the City of Miami. Mayor Carollo: And that's very understandable. You should be commended for doing what every son should do. I understand, I think more than most people here. That it is impossible to make a resident requirement, at least to the front line employees. It's one thing when you have City department heads, top City administrators that might be making from seventy thousand 59 October 10, 1996 �.i ($70,000) and up. That's a different area altogether and it should be separated. Because there you're getting into salary ranges that people can afford to move into the City and find adequate housing. And that's one area that I for one, would like to see that all new hires in the future, we can try to develop a reasonable criteria that whether it's a department director or top administrator. That if they're making above a certain amount, maybe they'd figure it might be seventy ($70,000) and above. That we give them two years time to move into the City of Miami. I know the Police Chief recently did that. I think it serves for better services if the department heads live within the City and go out and shop with the rest of us every day. They see what's happening; in our City every day. And they just don't come from South Dade, West Dade or North Dade or Broward County. They spend the amount of hours they do in an office or in other areas and they see a limited amount of what happens in their City sometimes. But when you're talking about the rank and file that might be making twenty plus thousand ($20,000 plus), thirty plus thousand ($30,000 plus), forty plus thousand ($40,000 plus), even fifty thousand ($50,000, I don't it would be fare to the employees or the City of Miami itself and their residents to force that. It's going to limit us in getting the hest qualified people for the. City. I wish it wasn't the case. I wish that we would Have ample housing in the City so that we could say that "Yes, you must live in the City." But we all know we don't have sufficient housing in the City and that's why I feel this way. But at no time, has anyone from this Commission made any statements that should be interpreted as you might have, to the work force. Mr. Mann: That was not from comments made by the members of the Commission, sir. Mayor Cari)llo: Let's see if... Commissioner Plummer: Mr. Mayor, 1 have a question. Mayor Carollo: Go ahead, Commissioner. Commissioner Plummer: I am upset about your comment of 35 to one. Now, I take it, it's correct. What's upsetting me is the other numbers that I used to remember. To process one person was eight thousand dollars ($8,000). I assume by now that number is ten thousand dollars ($10,000) and that means if you process 35 to get one. Thirty-four were not acceptable at ten thousand dollars ($10,000) per denial, comes to three hundred and forty thousand dollars ($340,000) to get one person in the... I mean, am I completely out of the ball park? Ms. Harris: I don't know that the figure of ten thousand dollars ($10,000) is accurate in terms of the recruiting cost. It's... Commissioner Plummer: No, this was to put them through the process. Ms. Harris: You mean through backgrounds, for medicals, through training, through... Commissioner Plummer: Background checks and all of that was like eighty-two hundred ($8,200) or eighty-four hundred dollars ($8,400), the last time I heard. You got 16 policemen as I recall, doing nothing but background checks. Capt. Joseph Longueira (Deputy Commander, Police Support Services): No. Commissioner I think where you might be mistaken is. And I'd have to go back and check this but it's... Commissioner Plummer: Well excuse me. I don't want to take the Commission's time. Just send me a memo, please. Thank you. Capt. Longueira: OK. :1 October 10, 1996 A do a Mayor Carollo: All right. Can I see the hands of the people that would like to address this item? One, two. We have three, four more people. Anybody else? OK. I'm going to limit everyone to two minutes. Commissioner Plummer: Are we going to break for lunch? Mayor Carollo: Yes, we are. Commissioner Plummer: And what time do we anticipate coining back? Mayor Carollo: Well, I think we should come back, Commissioner, by two thirty. We have a lot to work on the agenda. Commissioner Plummer: Is that tiempo Latino? Mayor Carollo: No, that's you know, City of Miami time. Go ahead, sir. Name and address. Mr. Jesus Rois: Thank you, Mr. Mayor. My name is Jesus Rois. 358 Southwest 22nd Road, Miami. Good Morning, Mr. Commissioners. What we have, what we are looking at here is the fox looking after the chicken. All I hear is a humongous smooth talk and smoke screen. We're in a very tough situation and someone has to take a stand on behalf of the City. The City is paying about, for 199.5, one hundred and ninety-four million dollars ($194,000,000) in salaries and benefits. I just gave you a graph that shows that the average salary taken by an employee in the City of Miami is forty to forty-two thousand dollars ($40,000 to $42,000). It you add the benefits, that's about fifty-eight thousand dollars ($58,000) per year, that is being paid... Mayor Carollo: I'm sorry. Let me interrupt you for a second and I apologize. With benefits it doesn't bring it up to fifty-eight thousand dollars ($58,000) a year. Mr. Rois: Close to. Mayor Carollo: It might bring it up somewhat close to that with, for a few employees but no all of them. For instance, I'll tell you now. Mr. Rois: We're talking average, Mr. Mayor. Mayor Carollo: The increase for all the employees that all of us have hired is at most, 19 percent for each dollar we pay. The problem is, and this is another problem that we have in our system. The Finance Department has never given to each department a percent of the benefits for each dollar that, that department pays out. So that in itself, would make it almost impossible to really balance your budgets in each department. Because if you're paying out salaries but you don't know what you're paying out in benefits for each dollar, it was very hard to do. When I asked for that from my office, I was told 46 percent. Well I knew that couldn't be right. And finally after working it out, we knew that it was no more than 19 percent. So that, you know... And the percentages that you've given is not quite adequate in that. Mr. Rois: All right, it's not. I don't have access to those figures. You do not even know, the City Administration doesn't even know what the figures are. How could I have it myself. Mayor Carollo: Well, that's what I'm telling you. Yeah. Mr. Rois: This is what the Finance Department gave me. But anyway, we're talking about forty ($40,000), fifty ($50,000), maybe sixty thousand dollars ($60,000) in some cases. That are being paid by residents who have an average income of under ten thousand dollars ($10,000). And 61 October 10, 1996 household family income for the last census of below seventeen thousand dollars ($17,000). And in this stuff that I give you, you can also see that the average value of a home in the City of Miami is about forty thousand dollars ($40,000). So it's not that difficult to find housing in here. Most of all, what we need is investment in the City of Miami to increase the tax base. We need people to come in here and pull permits. To pay the City for those permits and improve the tax base, OK. Now, I would like to address some of the comments that I heard as to the quality Of the employees that that City needs and the quality of" the professional work that they provide to us. i wonder how much training, or what is the purpose of the training for an inspector. It takes two years training to allow single family homes becoming rooming houses? Which is happening in the City of Miami. What is the tremendous professional training of the City of Miami of Police to have a response time between thirty minutes and seven hours, as this gentleman said in here? We do not really need such a fancy staff in the City of Miami to break the City of Miami as it is happening right now. Commissioner Plummer: Wait, wait. Mr. Mayor, excuse me. Excuse me, I cannot allow as a... :J Mr. Rois: Because the City of Miami is being broken by the City of Miami employees. Now, we required all this quality staff to put us in the situation that we are right now. We have to take a stand. We have to save the City. There's a movement right now to dissolve the City of Miami and I came here with a purpose of saving the City. This is a suggestion for you under the new contract negotiations to require the City of Miami employees, most of them this year. Because you have one year to solve the budget problems. You can give them six months to move back into the City and to pull permits. And use this as a litmus test to decide who is going to be laid off and who is not going to be laid off. Otherwise, the City of Miami residents are going to go back and raise the twelve thousand signatures to eliminate the City of Miami. Mayor Carollo: Sir, your time has expired some time ago and I appreciate... Mr. Rois: Sorne of the time was taken by you Mr. Mayor, with your permission. Mayor Carollo: I appreciate your feelings and your time. Mr. Rois: OK. Thank you. Mayor Carollo: And I also understand the frustrations that you along with many others have. But the way that we're going to stabilize the City financially and in other ways. Has to be through an orderly process. We can't shoot from the hip and do things that instead of helping resolve the problem, short term and long term. We cannot take actions that on the contrary will create more of a crisis, more chaos than help in the short or long run. When you say that the average price of the City on houses is forty thousand dollars ($40,000). Let me ask you this. What, for instance in the home that you live in, what is the assessment value? S Mr. Rois: Eighty ($80,000) something. Mayor Carollo: Eighty ($80,000) something. Mr. Rois: Uh-huh. Mayor Carollo: That's the assessment value that it is? Mr. Rois: That's right. Eighty-three ($83,000), eighty ($80,000) something. Mayor Carollo: Yes. Which means that it's probably worth in the market today, one hundred and twenty thousand ($1.20,000) at least. 62 October 10, 1996 El E7 Mr. Rois: The figures I gave you are from the census. The 1990 census. Mayor Carollo: But what I'm saying is that I'm sure that the home that you're living in is worth about one hundred and twenty thousand ($120,000). You can go through many of the homes here in Coral Gate, the northern part of, or southern part of little Havana, and you're had pressed to find homes there that cost less than one hundred thousand dollars ($100,000). The problem is, that we have many very, very poor areas. That if you lumped it altogether, maybe that's where you come with the assessment of forty thousand dollars ($40,000). But you cannot. You know, one of the most important things to have productive employees is that they have to be able to also live in an atmosphere that they can afford, that they can have some tranquility at home also now. Now, if you're going to force employees to go into areas that you or I would not want to live in those areas. The people that live in those areas, that are very poor. Some are called ghettos, rightly so. On the contrary would want to find the resources for they, themselves to move into a better area. Because sufficient help is not coming to rebuild their neighborhoods. I don't think that's a constructive way of resolving the problem. And I don't see how that in itself is going to resolve the financial crisis that we have. What we have to do, is to find constructive ways that we're going to resolve that. By people coming and threatening well, if you don't do this, you don't do that. We're going to get signatures and dissolve the City of Miami. That's not constructive. What that's doing is on the contrary. It's creating more of a chaos than we've seen already. Mr. Rois: Mr. Mayor, excuse me. The reason why I had that abrupt answer is because you cut me off. But there are many reasons. This is not something that has to be thought of as a solution to the financial problem. This is something that has been going on for many years. There have been ordinance required since 1993, with previous Commissions that later was removed and this is all done.. The rernoval of this requirement is done by the administration to please the employees. We are not looking at the financial problem only. From the Affirmative Action point of view you have a mandate to hire black and Hispanic employees. Then, when you hire these black and Hispanic employees and they start making the humongous amount of money they make compared to the rest of the City. Then they can just move away from the City and forsake their own neighborhoods. We have blighted areas because we do not have the investments. The City employees are not required to move into a crime ridden area or to move into the very expensive area. They could come here and invest. That's exactly what we need. They should bring back the money that they're taking away from us. They're taking about one hundred and ninety-five million dollars ($195,000,000) every year from us. And they're taking the money and investing it somewhere else. We need that money back in the City and it's only fair if they do it. Mayor Carollo: Well, what.. Mr. Rois: This is something that we've been discussing for many years. In 1990 there was a humongous debate about it and I think there should another one. Mayor Carollo: What I would suggest you do and I think you have the best interest of the City at heart. I believe that. And you've mentioned some things that you're absolutely right. Many single family residents that have been chopped up into rooming homes. And that we should have... Mr. Rois: By that highly trained professional staff.. Mayor Carollo: ...much better enforcing of that. But what I would suggest that you do is, you spend the time - and you seem like a very intelligent, professional individual - spend the time, to put in writing different ideas of how this situation could be reversed and I'll be happy to look at 63 October 10, 1996 11 it once you have something in writing. I'll be happy to bring up people from the Administration to sit down with you to discuss it. But, what we need are concrete solutions. Again, I understand the frustration level that's out there. I am also frustrated at some of the things that I've seen. Because a lot of what we have is part of the system. And that's what we have to change also. But, we need to work together, not go at each other and create more problems instead of salving them. But if you would do that, I will be happy to give you the time so we can look at it and... Mr. Rois: I will. Mayor Carollo: Maybe we won't agree on all of your suggestions but maybe we'll find some there that might help the City along. Mr. Rois: I'll give you something this month. Mayor Carollo: Thank you very much, sir. Mr. Rois: Thank you. Mayor Carollo: Sure. Go ahead. Mr. Bob Valledor: Mr. Mayor, Commissioners, thank you very much. My name is Bob Valledor. I live at.3324 Southwest 20th Street. My office is at 1450 Coral Way, both in the City of Miami. I've. lived in the City of Miami since 1952. And I've also worked there since the last 23 years, some odd years. I'm also a member of the Affirmative Advisory Board. I'm also a member and the current Chairman of the Nuisance Abatement Board for the City. One of the things that this has come about is because of the frustration. I don't want to repeat everything that's been said. But one of the things that's come about is the frustration that we've heard is that people like to leave or he employed by the City, then they go home to Broward or to West Miami, or Coral Gables, or South Miami, whatever. And that's where the services are better and all. And we've asked the people, and I've asked them, why, as a City employee why do you live there? He says, "It's a better place." Why can't you move in to Miami? Well the question is as was mentioned here earlier. Either you have a higher income area that people can't afford: the Grove, morningside, parts along Brickell. Or you have the lower income areas which is, you're taking your life in your own hands. And you don't want to bring your family and friends in that kind of situation, at jeopardy. So and as was mentioned here, that the middle class areas are limited and it seemed to be squeezed more and more for various reasons. Some of the suggestions that we came up with. Maybe instead of having the requirement that you have to be a resident of the City of Miami as soon as you're employed. Because I don't think people want to uproot their families to take a job that they're not sure that they are going to be with another year or two years or even like. Maybe in two years after you're employed then you're required to move into the City. This would be under the "New Hires." Maybe you can offer an economic incentive to encourage people that are under the employment of the City right now to move into the City. Whatever that economic incentive is, whatever we can afford to do in the future. But the suggestion would be is not to make any critical decisions today. Think this thing through and work it out together. And I want to thank you very much for your time. Mayor Carollo: Thank you, sir. Name and address please. Mr. Patrick McCoy: My name is Patrick McCoy. I live at 679 Northeast 58th Street, in the City of Miami. First of all I would just like to say very quickly I'm disappointed to hear that the City of Miami cannot fill it's own vacancies by residents of this City. I would hope that this City Commission in the spirit of doing business in a new way could somehow find a way to create an enticement for people to come back to the City. For people to fill the vacancies that are created 64 October 10, 1996 r in the City by residents. And also, in the interim, I understand there is a problem about you know, having people live in the City while we live outside. the City. But it' 70 percent of the City employees now live outside the City, and in view of the fiscal crisis that the City has. I would like to see the City Commission consider limiting or at least restricting the rolling stock that leaves this City every day at five o'clock. That must be an enormous amount of money that we pay for. Mayor Carollo: Well, that's one of the areas that we're working on right now in limiting the City properties that are going outside the City limits after the normal work day. Mr. Me Coy: And just one quick thing is. The fact that we can't fill our positions within the City. Is that indicative of how bad off we really are in the City of Miami? Mayor Carollo: While the statement in itself sounds alarming, we could also say that the same thing could be said of Dade County. We have a majority of many areas of the Dade County workforce that don't live within unincorporated Dade County. Maybe this is why you have at least 150,000 people coming to Dade County to work from Broward County everyday that live up there. The same thing could be said of Broward County. You have a lot of people in Broward County that work in Dade County or in Palm Beach County. And this is part of unfortunately, modern day life. Tile City of Miami is limited in size. We have no room to grow but up. It's a City that needs to rebuild itself. We have to build a new Miami, but we're not going to be doing it overnight. The easiest thing in the world to do, is to come and complain and show things that might need, or do need to be redone. But what we need are solutions. You know and again, I think you're also someone that cares, for this City, that has the best interest of the City at heart. But we need solutions. Give us some hard core solutions and answers and I assure you that we will be willing to look at those. To sit down and try to find the best ways of improving our City form top to bottom. But the truth of the matter is that we will hurt the City of Miami tremendously, tremendously, if we force all departments to have to hire from the City of Miami only. Not only that but we will discriminate against some of the best people that can apply to us in many instances. We'll discriminate against Anglos, Hispanics and Blacks that could work for us, that would he great employees, that we would not be able to hire otherwise. Mr. McCoy: Sir, I appreciate the discussion and I look forward further Mayor Carollo: Thank you, sir. Mr. Shorty Bryson (President, International Association of Firefighters): How are you doing Mayor, Commissioners? Shorty Bryson, Miami Firefighters. You know, I heard some good suggestions. Firefighters will be sitting down at the table next contract. That's one of our articles. I look at the encouragements, I don't see a problem with talking about that. I also think that in these times of concessions being talked about, it's a very bad time to be bringing up issues that are things that can be discussed at the appropriate time. It's very tough oil the employees watching out there to hear get ready to give up some pay and benefits you've been promised in your contract. And by the way, let's hit hard on this issue now. Timing is not good. But, I always believe in turning a negative into a positive. And the positive here is that instead of the Affirmative Action Board that I sat on, six or seven years ago. Coming here and having to talk about discrimination, diversity and reflecting our community. That Board is now talking about residency, take home cars, etc. That kind of, I guess shows how far we've come. We are the workforce now that's right near 90 percent minority and female. And I think if we've come to that level, one of my very first suggestions for expense cutting will be the Affirmative Action Board. That'll save us about ten grand ($10,000) a year. Commissioner Plummer: Uh-huh, Uh-huh. 65 October 10, 1996 f El Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Commissioner, go ahead Vice Mayor Gort: To me one of the incentives we had. One of the things the State is looking at, and they made a presentation to the DDA (Downtown Development Authority) is to stop the expansion to the west. And they're talking about affordable housing and housing in the center core of the City and next would be transportation. I think we have a lot of nonprofit corporations that's building houses, affordable housing in the City of Miami. And somehow we should circulate to the unions the ability of housing being provided by the City. So give the opportunity to some individuals to invest within tale City and move into the City. So this is something that's one of the incentives that I think we should look at. And I agree with you Mr. Mayor. Right now, to this position would be very difficult for the City. Mayor Carollo: Any further statements from the Commission? Commissioner Dunn: Mr. Mayor. Mayor Carollo: Commissioner. Commissioner Dunn: Very briefly I just wanted to say, it's been really mentioned but I wanted to reiterate the fact that we have to remain calm and collective under the pressure that we're under and to suggest any rash actions at this point in time would just send this whole City into a tail spin. So I, you know. Mayor Carollo: Well, you're very correct Commissioner and this is the difference from true leadership and no leadership. Shorty can you come up here again for one moment? And who do we have from the. Police Department here, do we have an Assistant Chief here or Longueira, Captain? Mr. Rois: Excuse me, Mr. Mayor. If I could have a 30 second rebuttal? Mayor Carollo: Sir, we really. We really are... Mr. Rois: It's very important as to the timing. Mayor Carollo: I am sorry sir, you're out of order. You've been given some time. We need to move ahead, I apologize. Mr. Rois: The... Mayor Carollo: Sir. Mr. Rois: ... the timing issue. I need to tell you that in public. Mayor Carollo: Sir, you're out of order sir. You're out of order. Mr. Rois: The reason why we couldn't bring this in... Mayor Carollo: Sir, you're out of order, please. I was very courteous to you, gave you plenty of time. We need to move on. If I may ask both of you the following question. Captain. Chief Longueira: Yes, sir. Z. October 10, 1996 1i f - t Mayor Carollo: We must have in the City of Miami at least a couple of hundred thousand people per day that come to work in our City. The bulk of them downtown, Miami. That don't live in the City of Miami. Chief Longueira: Yes, sir. F Mayor Carollo: I would say that maybe a quarter of them, maybe more, are not even from Dade County? Chief Longueira: Yes. Mayor Carollo: Don't we provide constant service, Police service to many of these people that some you know, whether they have an accident in the street. They might have numerous police related matters that our Police Department provides to them. They come to our City to work here, to make money in our City. But in fact, they don't pay any taxes at all in our cities. Chief Longueira: Yes, sir. Mr. Bryson: Mr. Mayor, that number is daytime population, close to a 1,000,000. Nighttime about 400,000. Three hundred and fifty to 400,000. So 600,000. Mayor Carollo: Fire probably provides as much service if not more sometimes than Police. Because we have Fire Rescue involved with that. Am I right to make the statement that I've made, Shorty, that we provide a tremendous amount of services to non -City residents that come to work in the City of Miami from other areas? Mr. Bryson: Yes, sir. Everyday. And not only them but non-paying tax entities, like the jail system, the County, the State Buildings that we transport from, hill them and they won't pay us even a transport fee. r Capt. Longueira: Mayor Carollo. Mayor Carollo: Yes, sir. Capt. Longueira: One of the things we proposed to the Manager in looking at our fiscal crises. Like cities like Detroit, Philadelphia, Denver. i Mayor Carollo: This is where. Capt. Longueira: They have commuter taxes. Mayor Carollo: This is where I'm coming to. Capt. Longueira: Yes, sir. Mayor Carollo: We spent a significant amount of time last night, the Manager, myself and the Police Chief, discussing new ways that we can raise revenues. Obviously, some of these ways are going to be new and maybe for the first time to be used in the State of Florida. We have to be extremely cautious of the legal steps that we can take to implement them. What I would like to ask the City Attorney and I will make that in the form of a motion is to look at all the possible legal ways within the present State laws and City Code and ordinances. And if we need to F change any City Code or Ordinance so let us know. To establish a fee in the City of Miami for all non -City residents that come to work in the City of Miami. And that fee will be a fee for the service that the City provides in Police, in Fire and other possible services. We're talking about f t F, 67 October 10, 1996 5 a commuter fee that is being implemented in ether cities of the country at this very moment. I think that's one way that this City can take action. That we could bring additional revenues to our City. That it's not going to affect the people that have been the most affected in the past, and will be the most affected in the future. That's our City residents. Again, we're talking about a commuter fee. It could hee implemented in different ways. The most direct way will be that whatever fee we establish will come out of the direct payroll of the non -City resident employees that come to work in the City. We will have to establish a very thorough system to make sure that every business will comply with it. And I think that can bring the City of Miami a tremendous amount of revenues in the future. Maybe as much as twenty million dollars ($20,000,000) or more a year. Now, at the same time, we have a lot of state property, private properties in the City that are not carrying their weight. They're not paying any taxes whatsoever. Capt. Longueira: Yeah, I believe it's 40 percent of the properties in the City. Mayor Carollo: Well, some say 40, some say 30. We're not really sure what the amount is. But we know it's a significant amount of dollars that this City is losing. We need for the City Attorney - and I'll help incorporate that into my motion also - to sit down with the Fire Chief and the Police Chief and try to work out an ordinance that will put a user fee on these properties so that the City of Miami can be reimbursed for the Police and Fire services that we are providing to a lot of other governmental entities and a lot of people in the private sector that are not paying their fair share. In these two ways alone, I think this will go a tremendous way for the future in helping the City of Miami to he on its way to a strong, financial future. Mr. City Attorney, if you would like, you can meet with me after today's meeting and I could expand even more so on the motion that I made. But in the meantime I'll give the gavel to the Vice Mayor and I've made that in the form of a motion. Vice Mayor Gort: There's a motion. Is there a second? Commissioner Dunn: Second. Vice Mayor Gort: Discussion. Any discussion? All in favor say so by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Mayor Carollo, who moved its adoption: MOTION NO. 96-716 A MOTION TO EXPLORE ALL OF THE POSSIBLE LEGAL WAYS WITHIN THE PRESENT STATE LAW, CITY CHARTER CODE OR ORDINANCES TO ESTABLISH A COMMUTER FEE IN THE CITY OF MIAMI FOR ALL NON -CITY RESIDENT WORKERS, SAID FEE WOULD COVER COSTS FOR POLICE, FIRE AND OTHER SERVICES PROVIDED BY OUR MUNICIPALITY TO SAID COMMUTERS, (INCLUDING GOVERNMENTAL ENTITIES AND THE PRIVATE SECTOR WHO ARE NOT PAYING THEIR FAIR SHARE FOR SAME). October 10, 1996 k Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, 11 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: OK. This Commission will break now for lunch and we will reconvene at two thirty in the afternoon. NOTE FOR THE RECORD: Thereupon, the City Commission went into recess at 12:13 p.m, and reconvened at 2:35 p.m., with all members of the City Commission, excepting Commissioner Dunn and Mr. Merrett R. Stierheim, City Manager found to be present. Ms. Christina Cuervo sat in as Assistant City Manager. ---------------------------------------------------------------------------------------------------------------- 20. COMMISSIONER PLUMMER INQUIRES WHY REFURBISHMENT OF POLICE DEPARTMENT VEHICLES DOES NOT SHOW CITY AUTO REPAIR (LOCAL) VENDORS. (See label 52) Commissioner Plummer: When it comes up I want to why the instructions of this Commission weren't followed. When we instructed the Administration that we would only accept vendors for repair of cars from the City. And when it comes back, it's showing Dade County vendors. So just be prepared when item-51 comes up, I'm going to hit somebody with a bib stick. Ms. Christina Cuevo (Assitant City Manager): I sent you under, what? Unidentified Speaker: We have local and Dade County. Commissioner Plummer: No, no, no. The Commission... Ms. Cuervo: I member that you wanted to know. Commissioner Plummer: ... instructed City vendors only. And that's not the case. OK. So I just want to prepare you in advance. Ms. Cuervo: Yes. A. Quinn Jones, III (City Attorney): Commissioner, you can't prohibit them from bidding. You know, you can give preference to City bidders. But you can't just eliminate them. 69 October 10, 1996 Commissioner Plummer: Then I'm going to vote only for the City vendors, OK. Ms. Cuervo: I think that has an explanation why we're getting non -City vendors. Commissioner Plummer: We've got a lot of people in the auto repair business that are starving in this town. Fifty-one. I'm not voting for 51 as prepared. Ms. Cuervo: He says that why. Why legally. He said that he only wanted it for City members only. Commissioner Plummer: That's right. That was the instructions. Ms. Cuervo: ... I can't do it that way. We can't just do it... Capt. Joseph Longueira (Police Department): No, that was not your instructions. Only City vendors. Commissioner Plummer: Mr. Clerk, would you please pull the previous minutes on item-51 when it came before the City Commission? I think we will find out that I was correct and if I'm not, I'll stand corrected. Capt. Longueira: I know that. Ms. Cuervo: Why I was going to get... Commissioner Plummer: We told you the reason we deferred it at that time was simply because we wanted City vendors. Capt. Longueira: You wanted us to use City vendors, if possible. Commissioner Plummer: Nope. Didn't say that at all. Capt. Longueira: OK. Ms. Cuervo: You asked for an analysis... Commissioner Plummer: You stretched it. Ms. Cuervo: You asked for analysis and... We don't have it... The City Manager... Commissioner Plummer: I'll bring it up at this time. Vice Mayor Gort: What item are we on? Commissioner Plummer: No, we're on item.. Ms. Cuervo: Item-17. Commissioner Plummer: ...Seventeen. Mayor Carollo: Mr. City Attorney, can I see you for a minute sir. Thank you. We'll start in a minute. I wish I could but I don't have it. There's only one of me. 70 October 10, 1996 LA El El Commissioner Plummer: They're either competitive or they're out the door. They give us absolute guaranteed prices and that's it. Joe, I'm tired of sending my money out of the City. I'm tired. I've got a lot of City people starving to death. You told me before because you took it off of the Dade County contract. Capt. Longueira: Right. Commissioner Plummer: OK. Capt. Longueira: Right. Commissioner Plummer: And we said no. Capt. Longueira: Right. Ms. Cuevo: Right, so we... Commissioner Plummer: Go back and get City vendors. That's what we. Let's say I was wrong. He saying if, I said if possible. Capt. Longueira: You didn't say put out the bid... NOTE FOR THE RECORD: Thereupon, The City Commission went into a brief recess at 2:38 p.m. and reconvened at 2:42 p.m. with all members of the City Commission found to be present. Ms. Christina Cuervo is sitting in as Assistant City Manager. (Mr. Merrett R. Stierheim was absent). ---------------------------------------------------------------------------------------------------------------- 21. SCHEDULE PUBLIC HEARING DECEMBER 12, 1996 FOR APPROVAL OF NAME CHANGE OF FLAGLER MINI TERRACE PARK / CODESIGNATION OF FIVE (5) STREETS ADJACENT TO PARK AT S.W. 3 STREET AND 55 AVENUE ROAD (HOWARD F. ANDERSON WAY). Mayor Carollo: The regular City Commission meeting will now begin. We're back to personal appearances. We're in item-17. Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor, this is an item requesting the naming of a park. And it's also requesting some street codesignation and my understanding is that... And this is from a that staff sent out to you that unless the park is renamed then they don't... If we rename... If the Commission decides to rename the park then they want to pursue the street codesignation. If we are going to do that, I just recommend that you read ordinance, which is item number 26, which is on the street codesignation, first, before adopting this, because... Mayor Carollo: Well, what we need is for the Administration not to tell us to read. But to tell us exactly what the ordinances say. And let us know what we could do about it. 71 October 10, 1996 �i 010 4 Ms. Cuervo: Well, ordinance number 26 is the ordinance that you asked us to bring back. It's the second reading, not allowing street names to be changed for living people, only for non- living people. So, if we... If you decide to favorably go for this, then I recommend that you read ordinance number 26 first. Mayor Carollo: OK. Now, have these four names gone through any of the committees that we have established? Ms. Cuervo: Yes, sir. Mayor Carollo: And it's been approved? Ms. Cuervo: It has been approved based on, that if the codesignation of the five streets adjacent to the park would take place after the City Commission had acted on the renaming of the park. And there is no set policy, and that's my understanding from staff on renaming parks. It's just been a policy that the Commission has, you know. The renaming of a park has come in front of the Commission and the Commission has decided whether to act favorably or disfavorably on it. Mayor Carollo: OK. Do we have to meet any other guidelines for the naming of the park? Ms. Cuervo: Not that I'm aware of. Mayor Carollo: OK. Ms. Cuervo: And, Albert Ruder might be able to. Mr. Albert Ruder (Director, Parks and Recreation Department): No. No. We checked the deed and there were no restrictions as to the current name of that park, which is Flagler Mini Terrace Park. So, we don't see any problems. Mayor Carollo: OK. That's fine. OK, can the Administration give us a recommendation, if you have any? Mr. Ruder: Well, again we don't see any problems at times the Commissioners have set a public hearing when something like this has come up to see if anyone from the neighborhood has any objections. They have made it like a second step after they've heard the initial request. Mayor Carollo: And if I remember that was a request that Commissioner Plummer made 14 years ago, 15 years ago. Commissioner Plummer: Absolutely. We all recall what happened with Cuban Memorial Boulevard. i Mayor Carollo: That's the one. Commissioner Plummer: That's the one. And let me tell you. You've got to give the people the right to speak. I have no problem with this item but it's got to go. And the people have the right to speak to it. f Mayor Carollo: OK. You want to go ahead and designate a date for a public hearing then on ! this. Ms. Cuervo: All right. We can schedule a public hearing for the first meeting in November because I believe we won't meet the advertising... 1 72 October 10, 1996 { t r i ?r Commissioner Plummer: Well, excuse. Woo, Woo, woo. There's only one meeting now. Ms. Cuervo: Well excuse me. For the... Commissioner Plummer: That's going to be a crowded agenda. Ms. Cuervo: ... For the only meeting in November or the first meeting in December, whatever your preference is. Commissioner Plummer: There's only one meeting in December. Mayor Carollo: And really for the Administration, we're getting a lot of personal appearances that should go through staff. It shouldn't be up here. It's taking up a lot of our time. So I really would appreciate it if the people, the Administration would try to handle a lot of these in-house so we don't have to take the time here. I understand there's a lot of changes but we do need some help. And we do have some other Assistant City Managers as yourself, Christina. Mr. Cuervo: I understand that Mayor. Commissioner Plummer: Mr. Mayor I move. Mayor Carollo: What I mean. What I mean to say is, that there are other people who can help you. And a lot of the work is falling on you and we need some other people that are out there to come in. And I certainly wouldn't mind, if we can have some of the others that could come up here and try to help out with some of these meetings, so that some of the others that are working in some of the other key issues that we need to work on today can have more time to do it. Ms. Cuervo: Gladly. Commissioner Plummer: Mr. Mayor I move item-17 as proposed be scheduled for a public hearing. Mayor Carollo: There's a motion. Commissioner Plummer: At December the 12th meeting. Mayor Carollo: There's a motion to have the public hearing on December 12th. Vice Mayor Gort: Second. Mayor Carollo: Second by Vice Mayor Gort. All in favor signify by saying "aye." i The Commission (Collectively): Aye. I Commissioner Plummer: See you then. Mr. Ruder: OK. i Mayor Carollo: Thank you very much. Mr. Ruder: Thank you. Commissioner Plummer: Thank you gentlemen. 73 October 10, 1996 1i The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-717 A MOTION SCHEDULING A PUBLIC HEARING DATE OF DECEMBER 12, 1996 IN CONNECTION WITH PETITION APPROVED FOR CHANGE OF NAME OF FLAGLER MINI TERRACE PARK AND CODESIGNATION OF FIVE STREETS ADJACENT TO SAID PARK LOCATED IN THE AREA OF S.W. 3 STREET AND 55 AVENUE ROAD (HOWARD F. ANDERSON WAY). Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ------------------------------ --------------------------------------------------------------------------------- 22. CHANGE FROM NOVEMBER 21, 1996 TO OCTOBER 24, 1996 TO HEAR MR. BRUNO CARNESELLA REGARDING FARMER'S MARKET AT GRAND AND MCDONALD IN COCONUT GROVE. (3240 Florida Avenue) Mayor Carollo: Item-1.8. Mr. Bruno Carnesella: Good afternoon, members of the Commission, Mr. Mayor. My name is Bruno Carnesella, 3838 Irvington Avenue. We request that you take a vote on these items so we can appear on the front of the City Commission, this October. We will notify all the different associations and group and residents and so forth and so. The request was based when we were in July, there wasn't a full board. So we just. In June. Now we request it for October. And we need to get a vote to do so. This can only be done by the City Manager. Mayor Carollo: Yeah, I'm sorry Bruno. What is it exactly you're requesting? Mr. Carnesella:: The Farmer Market item was deferred in November. Because at the time there wasn't a full Commission. Since we have a full Commission now, we request this item to be heard in October. We already speak with staff and we have enough time to put the publication in the newspaper and to communicate all the information to the different groups. The reason why I'm in front of you is the only way that this can happen, is through your vote. We need that. Mayor Carollo: Yeah, when do you want to hear it? Mr. Carnesella: In October 24th. Mayor Carollo: OK. I have no problems with this to be heard on October 24th. But, you know. It's up to the will of the Commission. 74 October 10, 1996 1i Commissioner Plummer: Neither do I. Do you all have problems with it moving up to October 24th? Mr. Willie Leonard: Yes, we do. Commissioner Plummer: Yes, we do. Then I was ready to make a motion. I'm glad I looked up. Mr. Leonard: Mr. Mayor, Commissioners, the people and residents of that area, we may have a problem with that continuance to. Commissioner Plummer: Sir, we need your name and address. Mr. Leonard: My name is Willie Leonard. I'm pastor of St. Matthews Baptist Church, president of Ministerial Alliance. And, we had a continuance on this item till November. And the people have not been informed of a change of this hearing for October. We have a slight problem with this being... Appearing in October and not giving the residents that is concerned an opportunity to respond to this. This is the problem that we have with this change of continuance for November. Commissioner Regalado: Reverend, can you not advertise that in your churches or bulletin boards throughout the neighborhood? Mr. Leonard: I can't. I don't understand. Commissioner Regalado: Would you? Can you not announce the meeting in your church activities or bulletin hoards? Mr. Leonard: Yes. I announced a meeting in my church and the rest of the pastors announced the meetings in their church. But we were here and we've been here many times. And we came the last time we was here and this were. The people were told that the continuance would be to November. First they said October, and because the Commission wanted to wait until after the election they put it to November. Now most of the people expect this to be heard in November. It's concerning that parcel of land which is very important to both communities, both West Grove and East Grove. And I think that it would be only fair to give them an opportunity to respond to this hearing. Mayor Carollo: Well, what I'm at lost is. What's the difference if it's in November or October, as long as you've got at least several weeks to advertise it and inform people. And if you have it on October the 24th, you have a couple of weeks in between, which is more than sufficient time to notify everyone. If you have it in November you still have time. I mean, I don't understand, I would understand that if we were going to hold the hearing today and the people weren't informed. But if we're going to hold it October the 24th... Mr. Leonard: But that's. Mayor Carollo: ... and today is, I think the loth. That's two weeks between now and then There should be plenty of time for you all to inform everyone. Mr. Leonard: Mr. Mayor, that's the same thing I felt when we were hear before. And when the people had a chance, an opportunity to respond. It takes time to get message out to the community and for them to respond. I will be announcing it from my pulpit but I can't say for, the rest of the community whether they will be informed. We were told that it would be 75 October 10, 1996 r continued till after the election in November and that's what the people probably are thinking about this, hearing on that piece of property. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Yeah. Go ahead, Commissioner. Commissioner Dunn: From my end of it and, it probably if it's possible now. I believe that a two -week time frame. Two weeks may not seem like a lot of time but it. I know sometimes you can get a lot once it gets and hits the grapevine. I believe logistically and particularly as it relates to me, it probably would he better. I don't know if I should say that but, it probably would be better in October. I just, you know which would give you two weeks. Commissioner Plummer: Wait a minute, I'm reading between them lines. Mr. Leonard: But still. Still if I may. If I may Commissioner Dunn: I'm just you know, for your consideration. Commissioner Regalado: This Commission will be meeting on a Thursday, on an election, probably on an election day in the City of Miami. So if we have to wait after the election we will have to do it in December. So I don't understand. Ms. Esther Mae Armbrister: Excuse me, good afternoon. My name is Esther Armbrister. I live at 3350 Charles Avenue. I don't think that you realize that people have jobs that they are committed to work at a certain length of time. Everybody is not a domestic in Coconut Grove. We have professional people work there also. And they have to give their supervisor notice of when they would like to get off Instead of just jumping up and say they coming down here to listen at you all day. No, this is what you do. Mayor Carollo: Sure. Commissioner Dunn: Good. Mayor Carollo: Mrs. Armbrister we'll be happy to hold the meeting at late in the evening. This way the people can come to it. Commissioner Regalado: Absolutely. Ms. Armbrister: Evidently, I am not making myself plain. I told you there are professional people also just like you. You sitting up there. There are days you cannot come to. You cannot at all times, on all. You're not there all the time. Because somebody got to go out of state or some other place to a meeting that is important to you. There are working people who have to give two to three weeks notice. Have you been on those jobs where you have to give two... And they in turn got to get somebody to replace you? Well, there are people the same way in Coconut Grove. Even though we are poor and all this sort of good stuff. There are people who have to notify their supervisor of time. I don't know why you cannot. You extend it for him so why can't you extend it for us? You let him lap over, lap over, lap over, lap over. Until it's convenient for him. Now it's convenient for him to have it when he wants it but you cannot shift it around for the people in the Grove. You know this is. No, no. That's not democratic. Mayor Carollo: Ms. Armbrister. Commissioner Dunn: Mr. Mayor one more. Let me try one more time. 76 October 10, 1996 r Mayor Carollo: Go ahead, Commissioner. Commissioner Dunn: One more try. OK. Ms. Armbrister: I heard you loud and clear. Commissioner Dunn: OK. OK. But pastor, you'll help me out here. Ms. Armbrister: No, no, no. They're in the pulpit. I'm up here for the... They can't talk like I talk. Commissioner Dunn: Let. I understand. I understand. Ms. Armbrister: Because they got the congregation to go to. Commissioner Dunn: I believe. Ms. Armbrister: I don't. Commissioner Plummer: Don't preach to the Choir. Commissioner Dunn: I believe that it would he to the best interest. This is just my opinion and you're entitled to yours. And I respect your opinion. I understand loud and clear what you're saying and I respect. But I'm saying, I would believe it would be to the best interest of all parties involved if we moved it to, back. Which will mean the decision will be made sooner and it wouldn't be lingering. And also from a logistics standpoint, as it relates to this Commission. It would be better I think, if we. That's just. Ms. Armbrister: Well, wait a minute. OK. I was just informed by my pastor. Let it go for the present time but we will be right back if it doesn't come out right. Commissioner Plummer: I want to tell you that's the first time I've ever heard you admit that you listened to somebody. Ms. Armbrister: I'll get you round the corner. Commissioner Dunn: Commissioner Plummer, I knew how to pull rank on her. I'm just teasing, just teasing. Just teasing. Ms. Armbrister: No, no. He did that 'cause he's my minister. Commissioner Dunn: I understand. Ms. Armbrister: But wait until I get him on the outside. I'm not kidding. This is strictly business. Commissioner Dunn: Thank you. Thank you. Mayor Carollo: Thank you. Ms. Armbrister: 'cause you've been taking advantage of us so long until it's... Commissioner Dunn: No. That won't happen. I can assure you. 77 October 10, 1996 Ms. Armbrister: Oh, I'll remember that if I go to your church and you get up there and say something... Commissioner Dunn: That will not happen. Ms. Armbrister: I know it. Commissioner Dunn: All right. Ms. Armbrister: All right. Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Yes, go ahead. Vice Mayor Gort: I'll go ahead and make the motion but at the same time I'll like to suggest to the applicants. You've had every since I was in the Zoning Board, that parcel of land has had a lot of opposition. And there's a lot of people looking at it. My suggestion is you try to get together with the neighbors and try to work something with them. So, I ready to move to hear it on the 12th. Mr. Carnessella: Thank you. Commissioner Dunn: Twenty forth. Mayor Carollo: Twenty forth. Vice Mayor Gort: October the 24th, I'm sorry. Commissioner Plummer: Eli, will you take a friendly amendment? Vice Mayor Gort: Yes, sir. Commissioner Plummer: And then I. I guess I'll second it. And then will you take a friendly amendment? At the owner's expense or the applicant's expense, he will put a sign on Grand Avenue no smaller than two feet by two feet announcing the time and the date of this meeting. Mr. Carnesella: We will comply. Ms. Cuervo: And... Can, can. Commissioner Plummer: Can we waive the permit fee? Ms. Cuervo: Can I clarify? No, OK. Clarify it for the record that we are advertising for the... If you pass this today, we would be advising for the October 24th meeting. Staff has already prepared the advertisement in anticipation of this item. If we go to the November meeting, that was continued from June 26th. At the June 27th Commission meeting it was continued, there would be no advertisement for the November meeting. So I would just like to put that on the record. There will be an advisement if it goes in October. Commissioner Plummer: And I would assume it will also be on Channel 9. 78 October 10, 1996 Ms. Armbrister: And I would also like to say there's more than only one spot in Coconut Grove that you need to put a notice on. We have more than one street in Coconut Grove and Grand Avenue. k Commissioner Plummer: I'm saying on the property itself. 4 Ms. Armbrister: On the property. On all of his... Mayor Carollo: Commissioner, that cannot be done. Ms. Armbrister: All right. Well [. 1 Mayor Carollo: He would need a permit to do that. That cannot be done. Ms. Armbrister: Can't you afford a permit? Mayor Carollo: We can't do it, ma'am. Commissioner Plummer: You can't post it with a sign that big? Ms. Cuervo: We do postings, the normal public notice postings that we do on the property. Commissioner Plummer: No, look I'm just. I'm trying to he. I'm trying to be the helpful I can, if you can't do it, you can't do it. But I think that what we're trying to say here, is that we're trying to let the people of the community know that the date has changed. If you can do it with a permit and the permit is expedited in two or three days then he could still do it. If you can't, you can't. Ms. Cuervo: And please advise if you want a time certain on this item. I Commissioner Plummer: It's got to be after five o'clock, right? Mayor Carollo: That's correct. That's what we said. Ms. Cuervo: You had it set at four in November. If you'd like it at that time or a later time. Mayor Carollo: All right, let's move on then. That is the motion. There's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. t i 4 f f t 4 { LO The following motion was introduced by Vice Mayor Gort, who moved its adoption: MOTION NO. 96-718 A MOTION APPROVING CHANGE OF DATE (FROM NOVEMBER 21, 1996 TO OCTOBER 24, 1996, AFTER 5 P.M.) FOR MR. BRUNO CARNESELLA TO ADDRESS THE COMMISSION REGARDING THE FARMER'S MARKET PROPERTY LOCATED AT GRAND AND MCDONALD IN COCONUT GROVE; FURTHER DIRECTING THE ADMINISTRATION TO MEET WITH AREA RESIDENTS AND PLACE A TWO -BY -TWO SIGN ON PROPERTY ANNOUNCING DATE OF MEETING AND TO NOTICE ON NET CHANNEL 9 (AT THE APPLICANT'S EXPENSE). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: f. AYES: Commissioner Tomas Regalado i Commissioner Richard P. Dunn, II t Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayer Joe Carollo NAYS: one. ABSENT: None. Mayor Carollo: Next item. Mr. Carnesella: Thank you. Mayor Carollo: Thank you all. Commissioner Plummer: Miami Book Fair. Ms. Cuervo: What did they say, four? Unidentified Speaker: At five. Ms. Cuervo: You want it at five p.m. then? Mayor Carollo: After five p.m. Don't matter, you know. Commissioner Plummer: Fine to me. Mayor Carollo: Item number 19. Ms. Cuervo: Number 19 is withdrawn and deferred. Commissioner Plummer: Wait, woo, woo. What 19, deferred? Ms. Cuervo: Nineteen is continued. Excuse me, to October 24th. Mayor Carollo: Continued. 0 r i f Commissioner Dunn: Beautiful. Commissioner Plummer: Yeah. Mayor Carollo: Yeah, twenty eh. ----------------------------------------------------------- --------------- -------------------------------------- 23. DENY MIAMI BOOK FAIR INTERNATIONAL REQUEST FOR FEE WAIVERS FOR NOVEMBER 17-24, 1996 EVENT. Commissioner Plummer: We're on 20-A. Mayor Carollo: Yeah, 20 has been withdrawn, 20-A. Commissioner Plummer: Book Fair. Nobody here? Ms. Cuervo: Twenty A, is a request for waiving of fees and again we recommend denial. Mayor Carollo: There's no more waiver of fees. Commissioner Plummer: There's no one here. I move to deny. Commissioner Dunn: Second. Mayor Carollo: Well, there's no need to move to deny. It's been denied. Commissioner Dunn: Yeah, OK. ---------------------------------------------------------------------------------------------------------------- 24. PERSONAL APPEARANCE: MR. SELMAN LEWIS, PRESIDENT OF CARIBBEAN AMERICAN CARNIVAL, REQUEST FOR RENTAL FEE WAIVER FOR OCTOBER 10-12, 1996 EVENT AT COCONUT GROVE EXHIBITION CENTER -- REQUEST DENIED. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Twenty B. Ms. Cuervo: Twenty B is also a request for a waiver of fee. A fee waiver for the use of the Coconut Grove Convention Center. And we forwarded a memo... Commissioner Plummer: And I don't see him here. Mayor Carollo: Are they here? No. Commissioner Plummer: Move to deny. Mayor Carollo: Move to deny it. Please make it sure to everyone. That we are not going to approve any fee waivers. That we are not going to be giving any monies out. 81 October 10, 1996 �i r.. Ms. Cuervo: Mr. Mayor and Commissioners let met me assure you. We called every single personal appearance. Many of these have been deferred from prior meetings. But we called every single one and told them that we were going to recommend denial here. And they insisted that they still wanted to come before you. Mayor Carollo: I understand and I told you that if they so insist, we have to give them the time. But I just want to make sure that they understand it from day one, that they're coming here to be told no, again. Ms. Cuervo: Yes. ---------------------------------------------------------------------------------------------------------------- 25. APPROVE LAW FIRM OF SWEETAPPLE, BROEKER &. VARKAS AS OUTSIDE LEGAL COUNSEL IN CONNECTION WITH NUISANCE ABATEMENT BOARD LAWSUIT OF CYNTHIA JORDAN ET AL. VS. CITY OF MIAMI. Mayor Carollo: Thank you. Twenty. Ms. Cuervo: Twenty C. Mayor Carollo: Twenty C. You want money too, but for a different cause. Mr. Douglas Broeker: Well, I want the City to pay some money... Mayor Carollo: I understand. Mr. Broeker: ... to somebody else in litigation, instead of to me as an attorney. Let me introduce myself for the two Commissioners who I've never appeared before. I'm Douglas Broeker. I live at 538 Northeast 55th Terrace here in the City of Miami. I'm an attorney Downtown at 66 West Flagler Street with the firm is Sweetapple Broeker and Varkas. It's been my privilege to be the legal counsel to the City of Miami's Nuisance Abatement Board since its inception in 1991 through the present. I'm here today to talk about a pending Federal litigation, called Cynthia Jordan and others against the City of Miami. Through happenstance I ended up representing the City in the Federal litigation because an injunction action came in. In August the prosecutor from the City Attorney's office was not licensed in the Federal Court. I was. We prosecuted it. We originally got the case dismissed on abstention doctrine grounds by Judge Nesbit in the Federal Court. It was appealed. On appeal the case was reversed on the issue that the plaintiffs were permitted to bring some damage claims to trial. Now what's this case about. Cynthia Jordan and others, 24 plaintiffs represented by Legal Services of Greater Miami. Are suing, saying that they were bodily removed from the Dubari Apartments when the Nuisance Abatement Board closed Dubari down. Dubari was a horrible slum lord run apartment complex that the board closed down. And since the Dubari has been a success story it's been rehab, reopened under new ownership. But these individuals said they couldn't find another place to live after Hurricane Andrew and that they lost their possessions. The case is difficult factually, involves 24 different plaintiffs. It would be very costly to defend and we have a judge who has appealed to me saying "Counsellor, can the City came up with a little money to settle this case?" Basically the plaintiffs are collectively willing to accept twenty-four thousand eight hundred dollars ($24,800). They wanted to keep it under the jurisdiction of what was necessary to come before this Commission but I think we all want a little guidance from you as to where to go. For 82 October 10, 1996 r me, if I were outside counsel defending this case through trial. It would probably cost twenty- five thousand dollars ($2.5,000), just in attorney's fees and costs to defend the case. That doesn't even include the time of the City administrators who would be necessary to prepare evidence and be as witnesses. Nor does it even take into consideration the potential that if a jury was sympathetic, they might rule for the plaintiffs and they might fine a much larger amount on the case. So I... Mayor Carollo: Now, who handled this case on the City's behalf? Mr. Broeker: Well, originally the Assistant City Attorney, who is the prosecutor, David Forestier, was with me in the trial court. Then when it went up on appeal, the City Attorney's office, Kitty Pecko handled the appeal. Mayor Carollo: OK, how come they are not here? Mr. Broeker: Well it's... Mr. A. Quinn .Tones, III (City Attorney): Mr. Mayor, let me. Mr. Mayor, let me see if I can explain, kind of put this in perspective. I agree with what Mr. Broeker said but do understand that we prosecutors, the City Attorney's office. We do prosecute the cases before the board. The board has its own independent counsel which is Mr. Broeker. Now what happened was that this case arose out of an order from the board which ordered this place, this particular Dubari Apartments closed down. The fact of the matter is that... And i felt this way and I still feel this way. That because the decision emanated from a decision of the hoard, which Mr. Broeker represent. It would be his responsibility as outside counsel to handle that. The problem comes about is that there is a limitation. And this is the truth of the matter, is that the Commission two years ago or a year ago, whatever approved thirty thousand dollars ($30,000) for the.... as a cap on the fees for each of the counsel representing the three individual boards. The dilemma of course, came about that as would with any of the other boards. If there is litigation involving a decision of the board as would be the Civil Service Board or the Code Enforcement Board. Whether in fact representation of that particular matter would he above and aboard the thirty thousand dollars ($30,000). So, it was basically my opinion that it didn't make sense for us to go in because, in fact it would be a conflict of interests of sorts. Because it wasn't as prosecutorial... It wasn't a decision that we as prosecutors made the decision of the board. But getting back to the heart of the matter and the reason I asked that, and thought it was proper that it come before you. Because this was a matter that was being handled by board counsel. Certainly, he's absolutely right that Judge Nesbitt has indicated that the case should be settled. The problem with the case is that I don't know whether we'll be able to prove or disprove the items that these tenants claimed that were lost. I think they'll probably make a very sympathetic case and the jury will probably come back with something. The problem is, that it will cost probably that much to try the case. You're talking probably about at least, Doug would you say a week trial? Mr. Broeker: Yeah. A five day trial. Mayor Carollo: Who is the judge in this case? Mr. Broeker: Judge Lenore Nesbitt. And she. You know she already went for us once and... Mr. Jones: And also too. The other thing, the other important thing that you need to keep in mind. Even if they recover a dollar. They'd still be entitled to attorney's fees. So they could get that much in attorney's fees alone. That's the... Mayor Carollo: What is the will of the Commission? 83 October 10, 1996 r Commissioner Plummer: Mr. Mayor, I met with these people this morning and basically I asked a few, simple, basic, fundamental questions. Did we throw the people out? There's no proof. There's nothing that says that we did. Did we throw their belongings out? We did not. There's no proof that we did. Then what did we the City, do wrong? We were there and we ordered the place closed. And Code Enforcement and Nuisance Abatement Board. Now, if we don't have that right, then let's eliminate the. Nuisance Abatement Board. Let's eliminate Code Enforcement. Because we didn't go in there and throw these people out. All we did, and you correct me if I'm wrong. In which you told me, we did go there and informed the people that this place was condemned and they were to move out. That's as far as we went. We didn't physically throw them out. We didn't physically throw their stuff out. And I said listen. My philosophy is simple. If I did something wrong, tell me and I'll negotiate. If I didn't do anything wrong. Then I don't want to negotiate. My father taught me, I paid for my mistakes, you pay for yours. Mayor Carollo: Excuse... Commissioner Regalado: Commissioner. Commissioner Plummer: If we didn't make a mistake. Mayor Carollo: Let's get to the bottom line. Gentlemen, what do you want to do with this? Commissioner. Commissioner Regalado: I just want to say that, the other day I spent very sad moments in Moussa Isle a complex of apartment owned by Dade County and operated by HUD (Department of Housing and Urban Development). And because they had some leaks in the roof, the HUD people went there and told all these elderly people who had been living there for 21 years they just have to go. And, members of the County Commission were there, and we were there. Graciela Carollo was there, because she knows all these people and they just had to go. Nobody forced them out but they were told to go. I wonder like J.L. said, if we took them out by force, then we did something wrong. But how many times are we going to settle in the City of Miami and not defend our case? Mr. Jones: Commissioner, if I might. That's not the issue, whether we threw them out. The issue is, is whether they were afforded due process and notice to come before the Nuisance Abatement Board and be heard before the board issued an order that the building be closed down. That's the issue. Whether they were afforded their constitutional guarantee, which they were not. Commissioner Plummer: They don't advertise... Mr. Jones: That's not in dispute. That's indisputable. That's what they... That's the Civil Right's claim that will be before the jury. Whether in fact they were given procedural due process before they were evicted. It doesn't matter who evicted... Whether the City evicted them or whoever evicted them. That's the issue is at hand. Commissioner Plummer: The question I ask again. Don't you advertise your meetings? Mr. Broeker: Yes, we do. Yes, we do. But. Commissioner Plummer: And they are advertised like anything to everybody? Mr. Jones: Well, well. 84 October 10, 1996 rA Mr. Broeker: Yes, we do. And they were there. They were represented by counsel. There are some issues. 'They allege that they were bodily removed. We say they weren't. And that's an issue of fact for the jury. They alleged that their belonging were thrown out.. We say that they weren't. But our documentation, I think the Police documentation, the other City administration documentation of that, was not made in anticipation of litigation and like I said, this case is different fl•om other cases, in the sense that we've already gotten the judge at one time to throw this case out with prejudice. Say this case is done, it's over. And that happened in September of 1993. But, then the case came back to life in 1995 and so the case was reversed. It's back in front of the judge so the judge is going to take the case to trial. We've got these issues of fact, we have these practical proof problems. We've got the sympathies of these plaintiffs who are back before the jury. So, this isn't just the City buckling down to just anybody. You're buckling down to somebody you hung on, got a case dismissed against them. Took it up on appeal, got it reinstated and now they are looking at taking us to trial. So this is really more of a practical issue of judicial administration and the business of -defending the City in the courts when a case is about to go to trial and there are certain merits to it and lack of merit to it. And there's a certain settlement proposal that's on the table that's less than what it's going to cost us to defend it and far less than our exposure. So this is really more about a business decision of judicial administration and. Mayor Carollo: I understand it about the business decision. But I think if maybe the lawyers in Miami will get the message that we're not going to be making those business decisions. In other words, we're going to he taking cases all the way through. We're not going to be settling beforehand. In the long run, maybe we might save more money. Mr. Broeker: If that's the will of the Commission, I... Commissioner Plummer: That's it. That's it. Thank you. Mr. Broeker: You know for me as your outside counsel, I can't justify saying OK, I'm happy to take this case to trial and charge you more money than it would cost you to defend it, to settle it. But if you want to hire me or if you want to have the, you know, resources of the City go after that. Then that's, you know, that's the will of the Commission. I need some direction though because I need to either know that we can settle this case or I need to know that I'm hired as your lawyer to go ahead and bring in all the people from the City administration who were involved with this. Get their testimony ready, get everybody set to go to trial. Take the depositions of the plaintiffs, incur the cost. Get the case worked up. Is that? You know, like I said, I budget that as a twenty-five thousand dollar ($25,000) item. Personally, I can't recommend that you pay me when you could pay to take this case, go through all the trouble of going to trial, perhaps lose. When you can take that same amount money, pay the plaintiffs and put this case behind you. Commissioner Plummer: We did nothing wrong. Mr. Broeker: But if that's the will of the Commission. I'm a litigation, I love to go to trial. I'd love to be your guy. So. Mayor Carollo: What is the will of the Commission? Mr.. Carlos Smith (Assistant City Manager): Mr. Mayor could I add something to this item? Mayor Carollo: If you could, I'd be very happy. Mr. Smith: We, when the decision was made by the Nuisance Abatement Board to vacate the building and close it, we worked very closely with Dade County HUD and we actually set up 85 October 10, 1996 5 tables there and had people from Dade County taking applications. We had people being taken to see and visit available apartments, available places that they could stay, so they could determine whether they would take them or not. I mean, we spent weeks in there trying to move those people out. As far as I know there was nobody thrown out. Absolutely nobody. Vice Mayor Gort: What he is saying is, you've got enough documentation to defend this? Mr. Smith: I believe we do have enough documentation, yes. Commissioner Regalado: So, we need not throw them out. If we let them be part of the process. Why should we. settle? Mr. Smith: No, no. I'm not. Commissioner Regalado: No, I mean I'm asking that. I heard what you said, Carlos. But the Mayor said "What's the will of the Commission?" I say. Commissioner Plummer: I'll give it to you. You ready? I make a motion at this that item-20 - C as in Charlie. That the City Attorney be instructed to find proper legal counsel to defend the City in this lawsuit. I so move. Mayor Carollo: There's a motion. Vice Mayor Gort: Second. Mayor Carollo: There's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-719 A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF SWEETAPPLE, BROEKER & VARKAS, TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN CONNECTION WITH THE NUISANCE ABATEMENT BOARD RELATED LAWSUIT, CYNTHIA JORDAN, ET AL, VS. CITY OF MIAMI, UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO 93-1469-CIV-NESBITT; WITH FUNDS THEREFOR HEREBY ALLOCATED, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 62103-661. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 86 October 10, 1996 �i Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Thank you, I appreciate it. Mr. Broeker: Yep. That's for hearing me. Commissioner Plummer: And you know, if we lose, at least we went down trying. Mayor Carollo: Well. ---------------------------------------------------------------------------------------------------------------- 26. EMERGENCY ORDINANCE: AMEND SECTION V OF 11337 (CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE) -- INCREASE APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT 418402 MERRILL STEVENS GROUNDS & PARKING AREA (PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE) -- FROM $110,400 TO $249,400 -- MAYOR REQUEST DEPARTMENT OF OFF-STREET PARKING AND OTHER CITY AGENCIES TO ASSIST CITY FINANCIALLY USING FUND BALANCE. ---------------------------------------------------------------------------------------------------------------- Ms. Cuervo: Items 21, and Item 22 are companion items on the parking lot of Pan American Drive and South Bayshore Drive. Mayor Carollo: Explain the difference in the amounts here. Commissioner Plummer: More than double. Mr. Grant Sheehan (Support Services, Fire): No. What happened is, FEMA (Federal Emergency Management Agency) has given us one hundred ten thousand dollars ($110,000) to restore that corner out there to the existing conditions prior to the storm. The contract to restore it came to two hundred and forty-nine thousand dollars ($249,000). I went back to FEMA, I received another seventy-four thousand dollars ($74,000) to pay for the code upgrades and then the balance to be picked up by Off -Street Parking. Commissioner Plummer: Are you talking about the end of the Pan American Drive on the right? Mr. Sheehan: Yes, sir. Commissioner Plummer: What was there to restore there? What was there before that needed restoring? FM October 10, 1996 r Mr. Sheehan: There were some pavement. There were some areas back in there, and sidewalk and landscaping. Commissioner Plummer: A quarter of a million dollars worth? Mr. Sheehan: No. In order for us to go back and put in a lot, a parking lot in there, I have to meet all the current codes and standards. I have to meet all the handicap, the drainage, the trees, the landscape and the lighting, and all of that. So to absorb to... FEMA has agreed to give us one hundred eighty something thousand dollars ($180,000) toward the replacement of that lot. Commissioner Plummer: Now this is to propose to be managed by Off-street Parking? Mr. Sheehan: That's correct. Mayor Carollo: That is correct. Commissioner Plummer: And how long is it going to take them to get their money back, a quarter of a million dollars... Mayor Carollo: No, that's not so. Commissioner Plummer: ... after they deduct... Mayor Carollo: Seventy-four thousand dollars ($74,000). Mr. Sheehan: Sixty ($60,000). Mayor Carollo: FEMA. Vice Mayor Gort: Sixty-five ($65,000). Ms. Christina Cuervo (Assistant City Manager): Sixty-five thousand ($65,000). Mayor Carollo: Or sixty-five. FEMA is paying for the rest. Sixty-five ($65,000) is what... Mr. Sheehan: Sixty-five thousand dollars ($65,000). Ms. Cuervo: Item-52 is the contract between Off -Street Parking and the City of Miami for the operation of these lots. Mayor Carollo: Yeah. Mr. Clark Cook (Director, Off -Street Parking Department): Commissioner Plummer we've estimated that... to do it over a two year period. It could take longer depending upon the volume of business there. Whatever it takes. Commissioner Plummer: Are you putting in meters? Mr. Cook: We're putting in a master meter, yes, sir. Commissioner Plummer: What is a master meter? Mr. Cook: It's one meter instead of the individual poles by each parking space. It's one meter where you go down. Like you similarly do in the Metrorail when you ride the Metrorail station. 88 October 10, 1996 We believe that we'll pick up the parking from the Convention Center as well as pick up the parking from the office building across the street that is now on Pan American Drive. We put no parking signs up, and they... Commissioner Plummer: All right. All right. Mayor Carollo: The meters there are fine but, how often are you going to be enforcing that? How often are your people coming by? Mr. Cook: I don't know the schedule but I can assure you, it will be adequate. We will not leave it unprotected. We would not be very smart to do that. We will not do that. Mayor Carollo: This is why I want to get it on the record then. It would be once at least every half hour, or once every twenty minutes, once every hour? Mr. Cook: Commissioner, I don't have the schedule. Excuse me. Mayor, I don't have the schedule. I'll send you a schedule in the mail. I promise you it will all our... We will not let that go incorrectly protected which I think we have a track record of that in protecting those type things. And we will follow, we will use the enforcement officer that works the Grove and that'll be part of his or her regular route. Mayor Carollo: If you do, Mr. Cook we'll call Rodney, he'll take care of it. Mr. Cook: I'm sure he would sir. He'd be glad to. Mayor Carollo: Seriously now. Do you feel that it would be about two years or so? Mr. Cook: It will two to three years to get our money back, in my opinion. Maybe get it back. You know I'd love to have it back in one year but we'll work with Christina to resolve this. Vice Mayor Gort: Christina looks amazed. Ms. Christina Abrams (Director, Public Facilities): I understand that we are going to pay all revenues from that tot to Off -Street Parking until we pay them off on the money we borrowed. If it takes two or three years, I'll be a little concerned. Mayor Carollo: We'll pay all the revenues from that lot until. Ms. Abrams: Until we pay them off for up to sixty-five thousand ($65,000). Mayor Carollo: Well, let me ask this to you. On the 80/20 deal that we were talking about. Mr. Cook: Actually we went to a... We restructured it at the City's request. The City requested us to look at it and to shape it much like the private sector does. The private sector... And also to include it into the area that with the Convention Center. So the contract you have in front of you calls for the City to get 60 percent and for us to get 40 percent. Of that 40 percent we have to pay all of our expenses. In other words, for the cashiers that are cashiering the lot and all those lines. I think that's very, very close to what the... not very close. It is exactly what the private sector does. It's the first one we've done like this. I think that Christina did a great deal... Ms. Abrams did a great deal of study on that and came back, and we looked at it and we said fine, if that's what you'd like us to do. We'd like to be of help to the City on this. Commissioner Plummer: If you have a master meter, why do you need a cashier? 89 October 10, 1996 APO Mr. Cook: That includes the lots for... and I'll let Christina explain that since it's her... Ms. Abrams: That parking lot is used when we have events at the Coconut Grove Convention Center. And for these cases we're going to charge admission per vehicle and lie needs to staff that for that purpose. Mayor Carollo: That's basically at night only and weekends. And, but. Ms. Abrams: And we've projected we'd pay them off in six months. Vice Mayor Gort: Tell us more. Mayor Carollo: Well, somewhere we lost 20 percent though Clark. No matter what you tell me. We had originally talked 80/20. Ms. Abrams: Mayor, if I can explain. They had their contract. They paid the City 80 percent and they kept 20. But before they got to that point, they first deducted from gross all their operating expenses of which they didn't define. It would be whatever operating expenses came up. And also a two percent management fee. And after all that was deducted then they would give us 80 percent. And we felt that it was better right up front to determine what we were going to get from gross. Mayor Carollo: What... Mr. Cook: I think you got a better deal. Ms. Abrams: And that's according to... Mayor Carollo: How much money does the Off -Street Parking have at the bank? Mr. Cook: Commissioner I'd have to. Mr. Mayor I'll be glad to take a look at it. The Off -Street Parking will probably have somewhere in the vicinity of... A non -restricted, we have some restricted funds for Garage I somewhere in the neighborhood of five million ($5,000,000). We have some, probably another five million ($5,000,000) non -restricted. Somewhere in those areas. I'd have to look at it. I'd be glad to write you a letter. Mayor Carollo: You have about nine million ($9,000,000) non-restrictive. p Mr. Cook: We have some that's restricted. I don't know the exact balance between the two. I'd be glad to respond to you in writing. ; Mayor Carollo: But approximately off the top of your head. How much of that money is not restricted? r: Mr. Cook: Probably five ($5,000,000). Five to six million ($5,000,000 to $6,000,000). E i Mayor Carollo: Five to six million ($5,000,000 to $6,000,000). Mr. Cook: I'm guessing at that Mayor. And I hope you understand that. i Mayor Carollo: I understand. It would seem to me that if everyone, everyone is going to sacrifice to help the City of Miami now, one of our own agencies can give us a better deal where you just break even. And at least for the first three to four, if not five years. You do this for F your City as a break even basis. r 90 October 10, 1996 t. Mr. Cook: Commissioner, 1. And I don't have any problem renegotiating the deal in any way the City wants to re -negotiate it. I will tell you based on, and I want to give M.S. Abrams credit. She drove a very good deal. Her 60/40 deal is better than the 80/20 deal, for the City. I am not trying to make money on this lot. We have projected, we will not make money on this lot. And I'll be glad to sit down and lay out all the expenses. And if we make money on this lot, I'll be glad to sit down with you, and with the staff and chisel a new deal immediately. Mayor Carollo: You still. You still don't understand, Clark. Mr. Cook: Well, I do understand. You asked... Mayor Carollo: You've got five or six million dollars ($5,000,000 or $6,000,000) there, that are not restricted. That is just sitting there making interest. That could help the City a tremendous amount. Mr. Cook: I. And I've talked. Mayor Carollo: What I'd really like for you to do is to back to your board and see how in one way or another. Not just in this small lot here... Mr. Cook: That's the point. Mayor Carollo: ... but in all the other lots that you have for the City of Miami. How can you structure things in a way that the City can get some of that money that you have sitting there? Mr. Cook: Mayor, we have talked to Merrett about that. He told me, lie would call me, we would sit down. I told him we were ready to sit down. We wanted to help this City. My board has expressed a desire to help the City. I don't think anybody is running from that at all. The comment about the small lot is what I thought you were talking about. The lot that we're talking about, we're talking about a very small amount of money. I truly believe that we will be lucky to break even. And if we don't I be glad... I'll show Christina every year exactly where everything goes and if I find... Mayor Carollo: Well, what I'd like for you to do is to put exactly how many people will be working in that lot. Give us some guidelines. Because you know well that the quickest way to bring more money to your side is by putting people that are on the high end as being the ones that are handling that lot, or shifting some of the other cost to us. You said, you... Mr. Cook: That won't. That will not happen in this situation. Mayor Carollo: You said for the record that you do not want to make a penny on that lot. And that's what I would like to see as part of that contract. That you wouldn't make a penny of it. You said that you won't. I have taken you on your word. Let's put it in the contract so that anything over that 60/40, then the City will get back. Mr. Cook: Commissioner... I mean Mayor, could... I apologize for that. Mayor Carollo: Same thing. It doesn't matter. Mr. Cook: I don't mind it. The only problem I have with that. You're taking away any incentive. I've got to really get out there and hassle with that lot. And there are some things that can be done with that lot that can make it more profitable. 91 October 10, 1996 r Mayor Carollo: Clark, the incentive is your City. The City of Miami. Mr. Cook: And I'm. I have that incentive. Mayor Carollo: That's the incentive. That you're doing something to help your City. See, you're not in the private sector. Mr. Cook: I understand that. Mayor Carollo: You're still an agency of the City of Miami. Mr. Cook: I understand that. I'm not trying to dodge that at all. Mayor Carollo: Because it... Frankly, you know we might be better off putting it out to bid and seeing who in the private sector might give us a better deal. And frankly, you know maybe if I did sit down with Rodney Barreto, he might give us a better deal. And if lie did, hey I'd be happy to let him come and take it over or whoever else in the private sector. But the time has come that we need all the City agencies that are semi-independent to come forward and whatever monies they have in reserve to help the City of Miami, first and foremost with those monies. And secondly, in what other, whatever business arrangements they're having with the City to make sure that you are going to give the City everything that you can. You are still going to have your job. All the people there are still going to have their jobs. But when you tell me that you have no incentive. What better incentive is there, then you're going to be helping your City get back on its feet again. Mr. Cook: Mayor, I understand exactly what you say. Believe me, I'm not worried about my job. That's not my major concern here. Urn worried about the basic principle of how the system works. If you want us to commit that we won't make money on that lot, I can do that. I just think there's a great deal of opportunity there to try to help the City. I'll go on any contract that you want to try. The board is very supportive of this City and has expressed that more than once, and wants to help the City. If you want us to have a lot, to manage the lot and say that we'll make no money, I'll he glad to do that. But, I think it's the wrong way to go about it. But, I will be glad to do it. If that's what you, as Mayor, would like us to do, I'd be glad to do it. Mayor Carollo: I will like to see something in the contract Mr. Cook. That during the next four to five years, the City would be guaranteed that the Off -Street Parking Authority won't make a penny more than its expenses on that lot. Mr. Cook: Yes, sir. I have no problem with that. Mayor Carollo: Thank you. Thank you, sir. Vice Mayor. Vice Mayor Gort: Mr. Mayor, I had the opportunity to talk to the Chairperson in your board. And some of the people in your board, and they're willing to work with us. Mr. Cook: We've said that. We've talked to Merrett, and we want to support that. And I think... Vice Mayor Gort: The City needs it right now. The Mayor is right on that. Mr. Cook: Yeah, fine. All right, then we commit to that situation. Mayor Carollo: Vice Mayor, what I'd like to do. I'd like to assign you to sit down with the chairman of the Off-street .Parking Authority, since you had worked with them closely in the 92 October 10, 1996 past. To find every way possible that we can receive help from them including some of the monies they have in reserve. Vice Mayor Gort: Yes, sir. Mayor Carollo: Thank you very much. If there is a motion to approve 21, with the provisions that we've given. Vice Mayor Gort: So move. Mayoo Carollo: There is a motion by Vice Mayor Gort. Mr. Manuel (Boom -Boom) Gonzalez-Goenaga: May I address the Commission? Mayor Carollo: Yes. Right after we make sure we have a second for it. Commissioner Dunn: Second. Mayor Carollo: Second by Commissioner Dunn. OK, go ahead, sir. Mr. Goenaga: Well, my name is Manuel Gonzalez-Goenaga. And I hear so many pro bond employees. And I hear about angel FEMA. Well thanks to FEMA we did not fall down like the titanic before hand. And so we have to praise FEMA. But you know, there is a proverb that says "sometimes the fools, are right sometimes." And I consider, or I have been considered here like a fool. And I am a pro bona fool. And you can rest assured that I have been in both sides of the equation. In the construction business and in the banking side of the construction business. And what we have to he extremely extra here is to try to control the. expenses. When I worked in the bank, and I am not an engineer. We hired an engineer to supervise the drawing on every single contract and this goes to all construction contracts that are built. Because at the end, who pays? Tile citizens. So let's start the serious business. We have been going on for ten years in monkey business. Thank you very much. Mayor Carollo: Thank you for your time, sir. Now hearing no further discussion on item-21, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mr. Walter J. Foeman (City Clerk): It's an emergency ordinance, Mr. Mayor. Commissioner Plummer: Was that an ordinance? Mr. Foeman: Yes, sir. Mayor Carollo: Excuse me. That is an ordinance. Mr. City Attorney if you will read it for us. It's been a long day. Go ahead, it's been a long day. Call the roll please. 93 October 10, 1996 (` (, An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION V OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING THE APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT NO. 418402, ENTITLED "MERRILL STEVENS GROUNDS & PARKING AREA" FROM $110,400 to $249,400; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vide Mayor Gort and seconded by Commissioner Dunn, 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 Tomas Regalado Commissioner Richard P. Dunn, II j Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Vice Mayor Gort, and seconded by Commissioner Dunn, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado 7 Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. i ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11402. 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. is r i i k f k i i i 94 October 10, 1996 5 x r W1- W 27. (A) ACCEPT BID: P.N.M. CORPORATION -- FOR MERRILL STEVENS GROUNDS AND PARKING AREA (H-1091) AKA DINNER KEY RECREATIONAL FACILITY PARKING LOT AREA (PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE) -- ALLOCATE FUNDS ($246,594.30, FROM DSR 03041, PROJECT 418402 AS APPROPRIATED BY FY'95-96 CIP ORDINANCE 11337. (B) INCLUDE IN AGENDA NAMES OF PRINCIPALS OF CORPORATION BEING AWARDED CITY CONTRACTS -- ALSO LIST LAS FIVE CONTRACTS SAID CORPORATION HAD WITH CITY. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Item-22 is a companion item to this ordinance. r` Mr. Wally Lee (Assistant City Manager): Yes, Mr. Mayor. This is the award of the contract to P.N.M. Corporation for the construction of the parking lot. Vice Mayor Gort: Lowest bidder. So moved. Mr. Lee: We received 11 bids on this job and P.N.M. was the low bidder. Mayor Carollo: P.N.M. Corporation. Where have I seen that name before? Mr. Lee: They are City of Miami. One second please, sir. A Mr. Naranjo is president. Mayor Carollo: What's the first name? Vice Mayor Gort: I think... they're the one that did the whole renovation 8th Street and... Mr. Lee: Pedro Naranjo Mueller. Mayor Carollo: OK. All right. Mr. Lee: And they're located within the City limits. Mayor Carollo: OK. What I would like to do from now on, is that every time we award a { contract. If you could include in the agenda the names of the people that own the corporations !' and also if they could be made public here at the meetings. Because I think the public will be best served, if they know that when we're awarding contract, they are hearing more than just a name of the company. They're hearing names of the owners associated with this company too. Commissioner Plummer: I'll tell you we used to do that. And I'll also tell you what I think is { very important. To list the last five contracts they've had with the City of Miami. Mayor Carollo: If they've had five. Commissioner Plummer: Oh yeah. They all have. PNM has had a hundred. { Mayor Carollo: Yeah, OK. With the years. That'll be fine. OK. All right, any further discussion on this? Hearing none, all in favor signify by saying "aye." r, 1i The Commission (Collectively): Aye. The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-720 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $225,126.75, BASE BID OF THE PROPOSAL FOR THE PROJECT ENTITLED: "MERRILL STEVENS GROUNDS AND PARKING AREA, H- 1091" ALSO KNOWN AS DINNER KEY RECREATIONAL FACILITY PARKING AREA, WITH MONIES THEREFOR ALLOCATED FROM D.S.R. 03041 - PROJECT NO. 418402 AS APPROPRIATED BY THE FISCAL, YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $225,126.75 TO COVER THE CONTRACT COST AND $21,467.55 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $246,594.30; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 28. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH OFF-STREET PARKING (DOSP) FOR MANAGEMENT / OPERATION OF PARKING LOTS LOCATED AT COCONUT GROVE CONVENTION CENTER, NORTHEAST CORNER OF PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE -- WITH DOSP CONTRIBUTING UP TO $65,000 TOWARD CONSTRUCTION -- DISCUSS USE OF TROLLEY SERVICE FROM PARKING LOTS TO DOWNTOWN COCONUT GROVE -- DISCUSS USE OF 8-HOUR PARKING METERS AND DECAL PARKING FOR LOTS. Mayor Carollo: All right let's jump back to item-52. The last on the agenda that it's another companion to the ones that we just did here. Commissioner Plummer: I have a question on 52. Is Clark Cook still here? Mayor Carollo: I think he is. October 10, 1996 Commissioner Plummer: There was discussion prior about a trolley service between Downtown Coconut Grove and the parking lots for many reasons. To try to relieve some of the pressure in the Grove. To... Is that still being pursued? Mr. Clark Cook (Director, Off -Street Parking Department): My recommendation was at the time Commissioner, that we look at that once we got the new lot built, and we have a controlled situation. That we would look at that and I would get the parking trust fund board to recommend it, and we would certainly try it. I made a commitment to that. But we need to get it under control first. We need to get the new lot built. We'll use that lot as a control -lot because we can police it well at night. It's easy to police. And that's the lot we plan to use for that. Commissioner Plummer: OK. Commissioner Regalado: Just another question. I think we're coming back to the question that we had, I don't know about a month ago, or something like that, on the parking meters. How long are they going to be, like how may hours? You said eight, eight hours? Mr. Cook: Yes, sir. We would have some meters for eight hours and some for a shorter time. But, predominantly eight hours because that will be people who will be parking there. Many of those people who will be parking there, they work... They work eight hours so you've got to have an eight or nine hour meter. Commissioner Regalado: You talking about, how much a quarter for an hour or? Mr. Cook: I think I sent you a memo that gave the breakdown on what the hourly rates were in the Grove. It would be that same rate. I believe it is at that rate. Commissioner Regalado: OK. Vice Mayor Gort: Let me ask you a question. Are you in both lots, are you going to try to have decal parking? Mr. Cook: Yes, sir. Vice Mayor Gort: OK. Mr. Cook: Absolutely. That would be very beneficial for the office building, as you know and I know. Vice Mayor Gort: Thank you. Mayor Carollo: And what's the will of the Commission? Commissioner Plummer: Move it. Commissioner Dunn: Second. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: OK. 97 October 10, 1996 W ia The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-721 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), FOR A PERIOD OF FIVE YEARS WITH AN OPTION TO EXTEND THE TERM FOR AN ADDITIONAL FIVE YEARS, FOR THE MANAGEMENT AND OPERATION OF THE PARKING LOTS LOCATED AT THE COCONUT GROVE CONVENTION CENTER AND AT THE PARKING LOT LOCATED AT THE NORTHEAST CORNER OF PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE, COCONU`h GROVE, MIAMI, FLORIDA, SAID AGREEMENT TO INCLUDE THE FUNDING REQUIRED FOR IMPROVEMENTS AT SAID LOTS, WITH DOSP CONTRIBUTING UP TO $65,000 TOWARD CONSTRUCTION. (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 Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wit -redo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: We go back to item-23. On item-52, for the record that was approved as amended before with the stipulations that Mr. Cook offered to be included in the contract. Christina can you make sure that that's the case? Ms. Cuervo: Yes, sir. ---------------------------------------------------------------------------------------------------------------- 29. SECOND READING ORDINANCE: AMEND SECTION 2-452 OF CODE (TERM OF OFFICE OF MEMBERS OF OVERTOWN ADVISORY BOARD) PROVIDE THAT MEMBERS SERVE FOR ONE (1) YEAR. Mayor Carollo: Thank you. Item-23, I believe has been taken out. Is that correct? Ms. Cuervo: It's withdrawn, yes. Mayor Carollo: Thank you. We're in item-24. October 10, 1996 a Commissioner Regalado: Mr. Mayor, I had a visit from members of this board and they feel that they rather not have their elections on the same year. So they have different members. I don't know if they have seen the rest of the Commission. Mayor Carollo: Well, this was a policy that was established by the Commission earlier this year, which I think is a good policy. To make sure that we have terns of only one year for all boards. Before we had some boards that had different amount of times where people would serve. In this way we know that all the boards should be one year. The problem is, we start staggering terms, it again would make it somewhat inconsistent with the other boards. But if there is a way of doing it, without making it inconsistent with the other boards, I would be happy to hear it. Commissioner Plummer: I think. Isn't there a difference here in the fact, that they elect their own? Commissioner Dunn: Yes, yes. Commissioner Plummer: We don't appoint, we only ratify. Commissioner Regalado: They do have an election. Commissioner Plummer: That's the... Yeah, but I don't think... The policy that we... Commissioner Regalado: We do not appoint. Commissioner Plummer: Tomas, the policy we established a while back, was that all appointments would be one year or as long as the Commissioner. Commissioner Regalado: Right. Commissioner Plummer: OK. That was the ones that we appoint. Here is where they elect their own and merely ratify. Same with the Off-street Parking. They elect theirs and we ratify yes or no. Ms. Cuervo: Reducing the term from three years to one year per their own election. Commissioner Plummer: I have no problem with that. Mayor Carollo: OK. Commissioner Plummer: I think it's a good idea. I'll move it. Mayor Carollo: All right there's a motion. Commissioner Regalado: I'll second it. Mayor Carollo: Second by Commissioner Regalado. Commissioner Regalado: Yes. Mayor Carollo: Is this an... Mr. Jones: An ordinance. Mayor Carollo: ...ordinace? October 10, 1996 r j r Mr. Jones: Yes. Mayor Carollo: If you can read it Mr. Attorney, Mr. Jones: OK. Mayor Carollo: Roll call please. An Ordinance entitled - AN ORDINANCE RELATED TO THE TERM OF OFFICE OF THE MEMBERS OF THE OVERTOWN ADVISORY BOARD, AMENDING SECTION 2-452 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT THE MEMBERS OF SAID BOARD SHALL SERVE FOR A TERM OF ONE (1) YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of July 25, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort s Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11403. i 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. ---------------------------------------------------------------------------------------------------------------- 30. SECOND READING ORDINANCE: AMEND ARTICLE IV, CHAPTER 54, SECTION 54-84 OF CODE (NAMES OF DRIVES AND ROADS) -- CHANGE NAME OF SOUTH BAYSHORE DRIVE BETWEEN SOUTHEAST 8TH STREET AND SOUTHEAST 15TH ROAD TO BRICKELL BAY DRIVE. ---------------------------------------------------------------------------------------------------------------- } Mayor Carollo: OK, we're in item-25 now. Second reading Ordinance. Is there a motion for it please? Commissioner Dunn: So moved. c Commissioner Plummer: Yeah, wait. I i I 100 October 10, 1996 4 �i Vice Mayor Gort: Second. Commissioner Plummer: Hold on. Mayor Carollo: OK, hold on. There's a motion, there's a second. Now let's open it up to discussion. Commissioner Plummer: OK. I received a letter from, was it the Four Ambassadors? I thi we all did. And the question that they raised, and I'm doing it for the record. They were v concerned about the fact they were going to have to change all their stationery, all of th advertising and listing a new street name. And I think for a company that large. Have we ha public hearing on this? Mr. Jim Kay: We've had several meetings on this in the past. Commissioner Plummer: No public hearing. Mr. Kay: A public hearing is. This is the first public hearing but we've had meetings in neighborhood before on this. Commissioner Plummer: OK. I know most of the people are in favor... nk ery eir da r the Mr. Kay: Yeah. Commissioner Plummer: ... and I have no problem with it. But I'm merely putting on the record that I think that it was worth the consideration of the Four Ambassadors who it's going to cost a considerable amount of money to change all of their format even though they are, you know. Vice Mayor Gort: Commissioner. Commissioner Plummer: Yeah. Vice Mayor Gort: My understanding is, by the time you go through the procedure and you get the names up, it will be at least six months or seven months. I'm sure they don't have material for that long of a time. Commissioner Plummer: OK. I merely am putting on the record that they sent a letter and they did have a concern. Take it away. Mayor Carollo: Would you like to make a statement, sir? Mr. Keith Reynolds: Yes, sir. Mayor Carollo: If you could state your name and address for the record please? Mr. Reynolds: My name is Keith Reynolds and my address is 520 Brickell Key Drive, Miaj Florida. I've been asked to read a letter which Mr. Calvin said he presented to the Mayor and the Commissioners. Unfortunately, Mr. Zemski (phonetic), has had an emergency medi problem and he's asked me to read this letter. Mayor Carollo: We're sorry to hear that. Mr. Reyholds: And the letter is to his Honor, Mayor Joe Carollo, City Hall, 3500 Pan Americ Drive, Miami, Florida. Reference Name Change of South Bayshore Drive to Brickell K ey r Drive. Ordinance Section Item-25, J 96-567. Your Honor. I'm here this morning to talk against the changing of the name of South Bayshore Drive to Brickell Key Drive. My name is Calvin Zemski. I'm the president of the Brickell Key I Condominium Association as well as president of the Brickell Key Home Owners Association, which consists of Brickell Key I Condominium and Brickell II Condominium Associations. I'm a member of the Board of Directors at the Brickell Key Master Association, Brickell Area Association and the Brickell Homeowners Association. I am also a program vice president of the Downtown Bay Forum. The reason for opposing the name change are many. South Bayshore Drive starts at Southeast 8th Street and ends at Southeast 14th Street. The portion between Southeast 14th Street and Southeast 15th Road is known as Bayshore Drive. Please refer to the copy of the map accompanying this letter. A person driving east on Southeast 8th Street will encounter a sign that says Brickell Bay Drive. I and the Brickell Condominium Board firmly believes that this will confuse the many visitors and delivery persons that come to Brickell Key. Although Mr. Jack Lowell, agent for the Brickell Bay Office Building who has requested the name change, has contacted the condominiums between Southeast 14th Street and Southeast 15th Road... "Well, basically, in summing this up, it's... "He didn't approach the Four Ambassadors and they were the... the manager there was quite concerned. And once again, you have a copy of the letter and I think Mr. Zemski is going on record as opposing this. We thank you very much." Mayor Carollo: Thank you for your time, sir. Any further statements? Mr. Kay: I would also like to mention one of the reasons why the name change is being proposed, is that South Bayshore Drive begins just south of Southwest 8th Street. It also is South Bayshore Drive in front of Pointview. And it's also South Bayshore Drive right out here at the end of Pan American. So, people who are proposing this felt that there was confusion with South Bayshore Drive out here. When you compare it to the area up near Pointview and Southwest 8th Street. So he felt that by naming it Brickell Bay Drive, if we change the name to that, why it would create less confusion. Mayor Carollo: OK. Ms. Zamora would you like to make a statement? Ms. Nolly .Zamora: Good afternoon. I'm Nolly Zamora, 1408 South Bayshore Drive. I'm the president of Brickell Bay Towers Condominium Association as well as Pointview Association, and representing all the residential condominiums in the area. And we talking about 1,000 units. And if you're thinking of expense, we are willing to flop put up with it. We're tired of being confused. Bayshore is Coconut Grove. It's great. We don't want to continue being called Bayshore. If we're going to change we want to be changed to Brickell Bay Drive which is the correct name for our street. We're the Bay Drive of the Brickell section. That's what we want to be called. As far as these people, they live in Brickell Key. To get to Brickell Key, you have to go all the way down 8th Street, which has several names. And no one has ever been confused by it. You have to cross a bridge and you have to cross a gate. I think that the affluent people that live in that area will not be confused. Thank you. Mayor Carollo: OK. Thank you ma'am. There a motion, there's a second. Well... Mr. Goenaga go ahead. Mr. Manuel Gonzalez-Goenaga: Well, just a comment. Harry S. Truman, one of the experts, answer. If you cannot convince them confuse them." Thank you. Mayor Carollo: There's a motion, there's a second. Hearing no further discussion. Can you read the ordinance, Mr. Attorney? Mr. Jones: Yes, sir. 102 October 10, 1996 �i y Mayor Carollo: OK. Call the roll please. Mr. Foeman (City Clerk): Roll call. An Ordinance entitled - AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 54, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTION 54- 84 ENTITLED: " NAMES OF DRIVES AND ROADS" BY CHANGING THE NAME OF SOUTH BAYSHORE DRIVE BETWEEN SOUTHEAST 8TH STREET AND SOUTHEAST 15TH ROAD TO BRICKELL BAY DRIVE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR INCLUSION IN THE CITY CODE. passed on its first reading, by title, at the meeting of July 25, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Dunn, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, 11 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11404. 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. ---------------------------------------------------------------------------------------------------------------- 31. AMEND ARTICLE IV, CHAPTER 54, SECTION 54-91 OF CODE (STREET CODESIGNATION) -- AMEND CRITERIA FOR STREET CODESIGNATION TO PROVIDE THAT NUMBERED STREETS SHALL NOT BE CODESIGNATED WITH NAMES OF LIVING INDIVIDUALS -- DISCUSSION CONCERNING NAMES OF STATE ROADS. Mayor Carollo: Twenty-six. Second reading ordinance. Vice Mayor Gort: Move it. Commissioner Dunn: Second, Commissioner Regalado: Second. 103 October 10, 1996 1i W Mayor Carollo: Second. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLI RECORD BY TITLE ONLY.) Mayor Carollo: Call roll please. Commissioner Regalado: Mr. Mayor before... If I can ask the City Attorney whether we hai any saying in the streets being named by the State Legislature, within the City limits of the Ci of Miami? Mr. Jones: Not that I am aware of, no. Commissioner Regalado: We cannot refuse a name for a state. Mr. Jones: Well, if they are state. I guess if they're state roads, yeah. Mr. Jones: We have state roads within the City of Miami. Commissioner Regalado: Right. Mr. Jones: And to that extent, that they would have control over. I am sure that you cou', suggest. Commissioner Regalado: I know seven. Mr. Jones: You could suggest and... Commissioner Regalado: The reason I'm saying this is that there could be cases where the Cif will have a name of a living person, plus the City may be embarrassed some day by the namir of one street. We had one case several years ago, if you all remember. Commissioner Plummer: What's that on? Commissioner Regalado: Martinez Road. Leonel Martinez. So what I'm saying... Mr. Jones: I understand. Commissioner Regalado: ... is whether we have the right to come before the State Legislatui and say that we have this ordinance that only people... Mr. Jones: Yeah. I don't see Commissioner. I don't see that there will be anything to prohib this Commission from partitioning the legislature giving the ordinance and ask them to confori whatever designation there is to comport with our ordinance. I think that the best that we coul at this point. Mayor Carollo: Call the roll please? Rather read the ordinance. Mr. Foeman: Its been read, Mr. Mayor. Roll call. 104 October 10, 1996 C I , f An Ordinance entitled - AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTION 54- 91 "STREET CODESIGNATION" THEREBY AMENDING THE CRITERIA FOR THE CONSIDERATION OF PROPOSALS FOR STREET CODESIGNATION TO PROVIDE THAT NUMBERED STREETS SHALL NOT BE CODESIGNATED WITH THE NAMES OF LIVING', INDIVIDUALS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of September 12, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Gort, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II I Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort ! Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11405. 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. i , i ------------------------------------------------------.--------------------------------------------------------- f 32. SECOND READING ORDINANCE. AMEND CAPITAL IMPROVEMENTS ORDDINANCE 1037 -- CONTINUE/REVISE PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS -- ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN FY'95-96 FOR SHENANDOAH, CURTIS, CORAL GATE AND KINLOCH PARKS. Mayor Carollo: Twenty-seven. Ordinance, second reading. Commissioner Plummer: Move it. ! Vice Mayor Gort: Second. f i t 1 t i l f 105 October 10, 1996 4 1i An Ordinance entitled - AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1995-1996, FOR SHENANDOAH, CURTIS, CORAL GATE AND KINLOCH PARKS, PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of September 12th, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Vice Mayor Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11406. 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. ---------------------------------------------------------------------------------------------------------------- { 33. SECOND READING ORDINANCE: AMEND SECTION 37-59 OF CODE -- f REPEAL SAID SECTION IN ITS ENTIRETY -- REPLACE IT WITH NEW SECTION 37-59 (PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION, LEWDNESS; SOLICITING OR MANIFESTING AN INTENT TO SOLICIT PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION OR LEWDNESS). ---------------------------------------------------------------------------------------------------------------- i Mayor Carollo: Item-28 is an ordinance, second reading. f Vice Mayor Gort: This is Lt. Longueira's ordinance. I move it. f Commissioner Dunn: Second. t i 1 i 106 October 10, 1996 �i IR An Ordinance entitled - W AN ORDINANCE AMENDING SECTION 37-59 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, THEREBY REPEALING SAID SECTION IN ITS ENTIRETY AND REPLACING IT WITH NEW SECTION 37-59 ENTITLED: "PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION, LEWDNESS; SOLICITING OR MANIFESTING AN INTENT TO SOLICIT PROSTITUTION, SEXUAL ACTIVITY, ASSIGNATION, OR LEWDNESS"; PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. passed on its first reading, by title, at the meeting of September 12th, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Gort, seconded by Commissioner Dunn, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11407. 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. ---------------------------------------------------------------------------------------------------------------- 34. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND (SOLID WASTE REDUCTION: RECYCLING AND EDUCATION [FY'97] APPROPRIATE $464,814 FOR DEVELOPMENT/]MPLEMENTATION OF SAME IN ACCORD WITH F.S. 403.706(4) -- CONSISTING OF RECYCLING PROGRAM GRANT FROM STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION IN ACCORD WITH STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-716 AND F.S. 403-7095. Mayor Carollo: Twenty-nine. Ordinance, second reading. Vice Mayor Gort: Accepting money. Move it. Commissioner Plummer: Second. 107 October 10, 1996 1i N An Ordinance entitled - W AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED; "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY '97)", AND APPROPRIATING FUNDS FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATUTES, IN THE AMOUNT OF $464,814.00 CONSISTING OF A RECYCLING PROGRAM GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, IN ACCORDANCE WITH THE STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-716 AND SECTION 403.7095, FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of September 12th, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11408. 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. ---------------------------------------------------------------------------------------------------------------- 35. FIRST READING ORDINANCE: AMEND CHAPTER 30, ARTICLE 1, SECTION 30-2 OF CODE (USE OF COMMUNITY BUILDINGS, BANDSHELL, ETC.) -- FOR PURPOSE OF UPDATING CONDITIONS AND ADJUSTING RENTAL FEES FOR SHOWMOBILE, BLEACHERS, PUBLIC ADDRESS SYSTEM -- FURTHER AMEND CHAPTER 38, ARTICLE 1, SECTION 38-7 (FEES FOR USE OF JAPANESE GARDEN AT WATSON PARK AND ALL CITY PARKS FOR WEDDINGS/SOCIAL FUNCTIONS) TO GENERALLY FORMALIZE/ADJUST FACILITY RENTAL FEES CHARGED FOR USE OF ALL CITY PARKS FOR SPECIAL EVENTS/SOCIAL FUNCTIONS. Commissioner Plummer: Move 30. Mayor Carollo: Thirty, is first reading. Commissioner Plummer: Move it. 108 October 10, 1996 7 Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor and Commissioners, I think it's important just to mention that this is estimated to generate an additional thirty to forty thousand dollars ($30,000 to $40,000) annually for the City. Vice Mayor Gort: Second. Mayor Carollo: That's very good. Commissioner Plummer: And I'm not sure that, that's really enough. But it's a good start. Mayor Carollo: There's a motion. There's a second. Hearing no further discussion, can you read the ordinance please? Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING CHAPTER 30, ARTICLE 1, SECTION 30-2 ENTITLED: "USE OF COMMUNITY BUILDINGS, BANDSHELL, ETC." OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF UPDATING CURRENT CONDITIONS AND ADJUSTING THE RENTAL FEES FOR THE SHOWMOBILE, BLEACHERS AND PUBLIC ADDRESS SYSTEM; FURTHER AMENDING CHAPTER 38, ARTICLE I, SECTION 38-7 ENTITLED "FEES FOR USE OF JAPANESE GARDEN AT WATSON PARK AND FOR USE OF ALL CITY PARKS FOR WEDDINGS AND OTHER SOCIAL FUNCTIONS" OF THE CODE OF THE CITY OF MIAMI, FL.ORIDA, AS AMENDED, TO GENERALLY FORMALIZE AND IN SOME CASES ADJUST THE FACILITY RENTAL FEES CHARGED FOR USE OF ALL CITY PARKS FOR SPECIAL EVENTS AND OTHER SOCIAL FUNCTIONS; MORE PARTICULARLY BY REPEALING SECTION 38-7 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 38-7; AND FURTHER AMENDING CHAPTER 38, ARTICLE I1, SECTION 38-49.1 ENTITLED "SALE OR DISPENSING OF BEER AND/OR WINE FOR SPECIAL EVENTS OR PROGRAMS IN CITY PARKS; OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SAID AMENDMENT FOR THE PURPOSE OF PROVIDING CLARIFYING LANGUAGE AND ADJUSTING THE FEE TO SELL BEER AND WINE IN APPROVED CITY PARKS; AND FURTHER AMENDING CHAPTER 38, ARTICLE II, SECTION 38-45 ENTITLED "PEDDLING, VENDING AND MERCHANDISING' TO BETTER DEFINE THE CRITERIA USED IN ESTABLISHING THE FEES ADDRESSED IN SAID SECTION; FURTHER PROVIDING FOR ANNUAL REVIEW AND ADJUSTMENT OF SAID FEES BY THE CITY MANAGER, IF NECESSARY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. r e t 109 October 10, 1996 �i f was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II ComniissionerJ.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 36. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MARK S. ISRAEL, WASHINGTON REPRESENTATIVE -- TO PROVIDE CITY WITH WEEKLY WASHINGTON OFFICE REPORT -- ALLOCATE FUNDS ($4,800) FROM LEGISLATIVE LIAISON FUND ACCOUNT. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move item-31. Commissioner Dunn: Second. Mayor Carollo: There's a motion, there a second in 31. It is a resolution authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney with Mark S. Israel, Washington Representative to provide the City of Miami with a weekly Washington office report. Allocating funds therefor in an amount not to exceed four thousand eight hundred ($4,800) dollars annually, payable in monthly installments of four hundred ($400) per month from the Legislative Liasion Fund Account. Hearing no further discussion, all in favor signify by saying "aye." The Commission (Collectively): Aye. 1 i 1 f C 110 October 10, 1996 4 i, ; �i i The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-722 A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. - --------------------------------------------------------------------------------- 37. APPROVE MOTION FOR COMMISSIONERS TO SUBMIT APPOINTMENTS TO CITY CLERK FOR REVIEW COMMITTEE TO EVALUATE/RANK PROPOSALS IN RESPONSE TO REQUEST FOR PROPOSALS (RFP) FOR LEASE / MANAGEMENT / OPERATION OF A RESTAURANT AT 1000 SOUTH MIAMI AVENUE (CITY -OWNED PROPERTY KNOWN AS FIRE HOUSE 4). (See label 77 and 78) ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Thirty-one A. Office of Asset Management. Commissioner Plummer: I'll surrender a name tomorrow. Mayor Carollo: Hold on for a minute. We'll come back to this one or... Mr. City Attorney, would we be able to submit names, and the names that we submit, be the ones to be accepted, or } do we have to bring it back? 111 October 10, 1996 Mr. Mr. A. Quinn Jones, 11I, Esq. (City Attorney): Well, it's your choice. 4 r Mayor Carollo: OK. But let's make a motion Commissioner, if you would? Commissioner Plummer: How do you want it? Mayor Carollo: That the Commission would submit the names to the City Clerk. 4 Commissioner Plummer: I so move. ` Mayor Carollo: There's a motion second by Commissioner Regalado. ti Commissioner Regalado: Yes. } Mayor Carollo: OK. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-723 A MOTION STIPULATING THAT EACH MEMBER OF THE CITY COMMISSION WILL FORWARD TO THE CITY CLERK NAMES IN CONNECTION WITH A REVIEW COMMITTEE TO EVALUATE AND RANK PROPOSALS IN RESPONSE TO THE REQUEST FOR PROPOSALS (RFP) ISSUED BY THE CITY OF MIAMI ON JULY 25, 1996 FOR THE LEASE, MANAGEMENT AND OPERATION OF A RESTAURANT LOCATED ON CITY -OWNED PROPERTY AT 1000 SOUTH MIAMI AVENUE. (Note: See later R 96-764.) t Upon being seconded by Commissioner Regalado, the motion was passed and adopted by ' the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn,1I Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. I k i } 112 October 10, 1996 '' r. r ------------------------------------------- -------------------------------------------------------------------- 38. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 32 REQUEST FOR CDBG FUNDS $673,100) FOR SIX (6) NOT -•FOR -PROFIT ORGANIZATIONS -- TO IMPLEMENT PHYSICAL IMPROVEMENT PROJECTS.) -- ADMINISTRATION TO STUDY WAYS OF USING FUNDS TO COVER CITY'S OWN PHYSICAL IMPROVEMENT NEEDS. --------------------------------------------- - -- - c Mayor Carollo: OK. We're in item-32. Resolution. Mr. Elbert Waters (Director, NET Community Development Department): Mr. Mayor, members of the Commission. The administration respectfully requests the approval of item-32. Approving six hundred and seventy-three thousand one hundred dollars ($673,100) of our twenty-second year CD (Community Development) allocation regarding funding for nonprofit organizations and asking furtherance for the Manager to approve these agreements with those said organizations. Attached are the list of those organizations that are being recommended for funding. You may recall that in March, our consolidated plan was approved by this Commission and what we're... Mayor Carollo: Let me ask you something. Mr. Waters: OK. Mayor Carollo: I'm sorry to cut you off. Can't we use, and this is a legal opinion that we need from the City Attorney. Can't we use this money for own physical improvements? Commissioner Plummer: Sure. i Mr. Waters: Yes, you. Yes. Mayor Carollo: Well, gentlemen we've got a sixty-eight million dollar ($68,000,000) deficit now. Why if we could use it for own physical improvement, why do we want to give it to worthwhile organizations that they are, but still we're in more need now than any of them? Mr. Waters: What we've done, Mr. Mayor. We've submitted to the City Manager our recommendations to assist us on the capital improvement side which would not impact these organizations that are presently before you. And we've not had an opportunity to go through that in detail but we are certain that those recommendations for funding on the capital side will be something that we can do. Mayor Carollo: I for one would like to sit down with the Manager and Ms. Cuervo to go over this. If we can use all this money fully for the City of Miami to do its own fiscal improvements. I would not be voting with this motion. No matter how worthy some of these organizations might be. Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor, I had asked this question. If not, I would not have allowed this item to get on the agenda. And what I had been told was that it was part of the consolidated plan. It was recommended the CDBG Review Committee, was accepted by the Commission. In order to go back and rescind all of those actions, it would be very, very difficult. So, I totally concur with you and if that's what you'd like to do, I think that we should we definitely have to relook... 113 October 10, 1996 12 Mayor Carollo: We have six hundred and seventy-three thousand dollars ($673,000)... Ms. Cuervo: Complete... Mayor Carollo: ... here... Mr. Waters: What we're. Mayor Carollo: ...and change. Mr. Waters: Mr. Mayor, if I may? I understand. Ms. Cuervo: All right. Mr. Waters: What. This is from our twenty-second year, Mr. Mayor. The twenty-third year is what we're... We're in that process. Mayor Carollo: Well, you know I don't care what year it's from or whatever it's from. We can't afford this anymore, simple as that. We need it more than anybody that we could give it to. So the bottom line is that, unless a majority of my colleagues want to overrule me, and they have that right. We want to send this to the Manage, for the Manager to show this Commission how we could use if for own physical improvements that we need. Mr. Waters: We will come hack to you Mr. Mayor and the Commission, with that. We will be meeting with the Manager in order to come forward with recommendations that I think this Commission would be... Mayor Carollo: But I want you to understand this. I think it is the will of this Commission not to give one more penny out that we could use ourselves first. If it's money that we have no choice because of grants... Mr. Waters: Right, sir. Mayor Carollo: ... that we must give out, that's one thing. But if they are monies that we could use ourselves, that's a different story. Mr. Waters: I understand. Ms. Cuervo: OK. Mayor Carollo: Thank you. Commissioner Plummer: Well, Mr. Mayor if I may, please? You know Bert, I'm not trying to deny the Coconut Grove Cemetery Association any dollars. But we've just recently seen the dilapidated scenario of our own cemetery for which we're responsible for. And we're being told there's no money to take care of that which is our responsibility. The City Cemetery Downtown. And yet Coconut Grove Cemetery Association, I'm assuming by state law, complied with the state law. That the sale of every grave 15 percent has to be put into a perpetual trust fund. The bottom line, and. I'm not trying to deny them, is that, that's not our responsibility. Help if we can, but that which is our responsibility, we don't have the money for. So I'm just using that as an example I think, of what the Mayor is trying to say. Mayor Carollo: Right. 114 October 10, 1996 r Commissioner Plummer: So we... Vice Mayor Gort: I also have a question. Mayor Carollo: Go ahead, Commissioner. Vice Mayor Gort: And when you go back and sit with the Manager, could you revise the check that all funds come with the CDBG to start having restrictions, to be Gearmarked to us. Not all facilities that are being used that is nonprofit. So we will continue to maintain these facilities. Ms. Cuervo: Let us withdraw this item and we'll come back to you with a better recommendation, Mr. Mayor. Mayor Carollo: Thank you. Item-33 has been... Commissioner Plummer: Deferred. ------------------------------------------------- --------------------------------------------------------- 39. APPROVE CITY REVISED AFFORDABLE HOUSING INCENTIVE PLAN PURSUANT TO IMPLEMENTATION OF STATE OF FLORIDA HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM -- AUTHORIZE MANAGER TO SUBMIT SAID PLAN FOR REVIEW / APPROVAL BY STATE OF FLORIDA HOUSING FINANCE AGENCY. Mayor Carollo: We're in item-34. A resolution approving the City of Miami revised affordable housing incentive plan. Mr. Elbert Waters (Director, NET / Community Development Department): Yes, sir. Item-34. What we're doing here Commissioner, is recommending that you approve the revised housing incentive plan. This plan is regarding our SHIP (State Housing Initiatives Partnership) program. These are dollars that we use from the State of Florida in order to further affordable housing within the City and as a part of this documentation, what it does is afford us an opportunity to further that, through that incentive plan. There is a group, a Commission that was set up through this body in order to further that and the staff is recommending approval. Commissioner Plummer: Move it. Mayor Carollo: This is one of those, that there's nothing that we can do but spend it for what the State has given us the money. Mr. Waters: Yes, sir. Mayor Carollo: And this is one point three million dollars ($1.3 million). Commissioner Plummer: It's a dock stamp. Mayor Carollo: And the focus on it, and I think we need to keep that mind, is for very, very low income housing. Mr. Waters: Yes, sir. 115 October 10, 1996 i Commissioner Plummer: And Mr. Mayor, we also have to always at the time that we award this money thank Marty Fine. Mayor Carollo: Absolutely. Commissioner Plummer: For he was the man who went to the bat, to get this money there. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-724 A RESOLUTION WITH ATTACHMENTS, APPROVING THE CITY OF MIAMI REVISED AFFORDABLE HOUSING INCENTIVE PLAN, PURSUANT TO THE IMPLEMENTATION OF THE STATE OF FLORIDA HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM IN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO SUBMIT SAID AFFORDABLE HOUSING INCENTIVE PLAN, ATTACHED HERETO AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY THE STATE OF FLORIDA HOUSING FINANCE AGENCY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CARRY OUT THE, TERMS AND CONDITIONS OF SAID PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. t ABSENT: None. j f r f L E 116 October 10, 1996 i r r ------------------------------------ -- -- -------------------------------------------------------------- 40. AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT BETWEEN CITY AND BAYVIEW ASSOCIATES INC. -- FOR LEASING 6,164 SQUARE FEET OF OFFICE SPACE AT DUPONT PLAZA CENTER, 300 BISCAYNE BOULEVARD WAY -- FOR EIGHT MONTHS -- ALLOCATE FUNDS ($45,202.64 FROM 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, INDEX CODE 452163, PROJECT 799626). i Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, 11 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. j---------------------------------------------------------------------------------------------------------------- j 41. APPROVE DESIGNATION OF WIND & RAIN, INC. (PROJECT SPONSOR) i TO DEVELOP SIX (b) NEW SINGLE FAMILY, LOW / MODERATE INCOME AFFORDABLE HOUSING ON FIVE (5) CITY -OWNED VACANT PARCELS IN COCONUT GROVE NEIGHBORHOOD -- DIRECT PROJECT SPONSOR TO FINALIZE PLANS / SPECIFICATIONS / CONSTRUCTION SCHEDULE FOR COMPLETION WITHIN TWELVE (12) MONTHS FROM DATE OF CONVEYANCE, ESTABLISHING $24,900 AS REIMBURSEMENT AMOUNT TO BE PAID BY WIND & RAIN, INC. TO CITY OF MIAMI -- FURTHER ESTABLISH $80,990 AS MAXIMUM SALE PRICE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move item-37, this was an action of this Commission previously. Commissioner Dunn: Second. Commissioner Plummer: Under discussion, Mr. Mayor. To the administration, there were a great deal of other lots that were in Coconut Grove and other lots that were in fact... that this Commission... Vice Mayor Gort: There's an RFP (Request for Proposals) being prepared. Commissioner Plummer: There is an RFP being prepared? Do we know when...? I've had calls and people want to know when is the RFP coming out? Mr. Waters: The date is November the 15th Commissioner. t Commissioner Plummer: All right. f { Mr. Waters: ... for the RFP. ` F Commissioner Plummer: Now, excuse me, did we yet approve, because I think according to } legal standards, don't we have to first declare these lots surplus before we can put them out for sale? Mr. Waters: No, this is for housing. t Commissioner Plummer: OK. No, not this one. The one that we're going out with, because that was sixty -some lots or so. Mr. Waters: Twenty-five. Commissioner Plummer: Twenty-five additional lots. Mr. Waters: Yes, correct. Mayor Carollo: OK. Commissioner Plummer: I moved it. Mayor Carollo: There's a motion from Commissioner Plummer. Commissioner Dunn: Second. Mayor Carollo: Second by Commissioner Dunn. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-726 A RESOLUTION WITH ATTACHMENTS, APPROVING DESIGNATION OF WIND & RAIN, INC. ("PROJECT SPONSOR"), A FOR -PROFIT CORPORATION, AS SPONSOR TO UNDERTAKE THE DEVELOPMENT OF SIX (6) NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON FIVE (5) CITY -OWNED VACANT PARCELS LOCATED IN THE COCONUT GROVE NEIGHBORHOOD, WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, SUBJECT TO SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING; DIRECTING THE AFOREMENTIONED PROJECT SPONSOR TO FINALIZE HOUSING PLAINS AND SPECIFICATIONS, CONSTRUCTION SCHEDULE FOR COMPLETION WITHIN TWELVE (12) MONTHS FROM THE DATE OF CONVEYANCE OF PARCELS BY THE CITY; ESTABLISHING $24.900 AS THE REIMBURSEMENT AMOUNT TO BE PAID BY WIND & RAIN, INC. TO THE CITY OF MIAMI FOR SAID PARCELS FOR ITS COST OF SITE ACQUISITION; FURTHER ESTABLISHING $80,990.00 AS THE MAXIMUM SALE PRICE FOR EACH NEWLY CONSTRUCTED SINGLE FAMILY HOME TO BE SOLD TO THE PROSPECTIVE HOMEBUYER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE LEGAL DOCUMENTS IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, CONVEYING SAID PARCELS, SUBJECT TO CERTAIN TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 119 October 10, 1996 7A W ,® Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Manuel Gonzalez Goenaga: Could I make a clarification on this particular issue? i i Mayor Carollo: Go ahead, sir, two minutes. Mr. Goenaga: Thirty-seven. For heavens sakes. I cannot understand that there is an affordable housing at eighty thousand dollars ($80,000) price. I have come here on Steve Clark's time. I made a presentation that with the help of the lots, I could build my people. From Mr. Solomon from Washington, D.C. could build houses as has been built in Puerto Rico for a maximum of thirty thousand dollars ($30,000) after construction. Approved by the government of Puerto Rico as real affordable housing. I cannot understand, and we are fooling ourselves if we consider eighty thousand dollars ($80,000) selling price an affordable housing. I strongly recommend that we go back to the affordable housing that has been given in Miami. If we are losing money, I think there are many projects that are still pending for sale, for the problem is the essence, the price. Mayor Carollo: Mr. Bert. Mr. Bert Waters. Mr. Goenaga: Price and price. Mayor Carollo: Mr. Bert Waters, can you meet with Mr. Goenaga sometime next week. 4 Mr. Waters: Oh, sure. Mayor Carollo: So he could present you the program that he discussed here to see if indeed we could build housing in the City of Miami for the amount that he's saying, under the terms that he described. Mr. Waters: Yes, sir. We will gladly do so. E Mayor Carollo: OK. OK, Mr. Goenaga can you contact him to see when both of you have time available next week? ? i E Mr. Goenaga: No, I can't do it next week... Mayor Carollo: Very good. If you could do it now, it's even better. (. Vice Mayor Gort: Also there's an RFP that's going to be coming out, where you're going to be 1 able to bid also. I Mayor Carollo: Thirty-eight has been withdrawn. 120 Fd t ------------------------------------------- - -- 42. TABLE CONSIDERATION OF SECURITY GUARD SERVICES FROM INTER-AMERICAN PROTECTIVE SERVICES. (See labels 5, 7 and 50) ------------------------------------------------------------------------------------------------------------------ Commissioner Plummer: Thirty-nine. Mayor Carollo: Thirty-nine. Commissioner Plummer: The people are here now. Mayor Carollo: Was the one that we had discussed before and I think that the representatives are here. Ms. Judy Carter (Chief Procurement Officer): Yes, sir. The owner, Manuel Rodriguez is here and he will place on the record the hourly rate, that he'll be paying the guard. Mayor Carollo: I am sorry. I apologize. Commissioner Regalado was one of the ones that wanted to discuss this item. He had to step out for a minute. Let's move on to the next one. The minute he comes back we'll take it right up again. Thank you. --- ---- ------ ---- --- - 43. ALLOCATE $18,000 FROM FY'96-97 BUDGET OF CIVIL SERVICE OFFICE, ACCOUNT 240101-250, FOR PAYMENT TO SPECIAL COUNSEL FOR CIVIL SERVICE BOARD (INCLUDING POSSIBLE LITIGATION). ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move item-43. Commissioner Dunn: Second. Mayor Carollo: There's a motion. There's a second. All in favor signify by saying "aye." Ms. Christina Cuervo (Assitant City Manager): Mayor. Excuse us for one minute. Did you want to. offer? I believe that we... the attorneys, the counselors that we have on these boards are willing to do it for less. We have staff, in conjection with the City Attorney's office, has asked them to put in... i Commissioner Plummer: Move to defer until the next meeting. s i Mr. A. Quinn Jones, III (City Attorney): We need them. We need them now. Ms. Cuervo: I think that we are willing to pass it now because we need them now for the boards. But they are willing to do this for eighteen thousand dollars ($18,000). Mayor Carollo: What we have here is thirty thousand and... Commissioner Plummer: What is she recommending? 121 October 10, 1996 t, i 1i Ms. Cuervo: And they're willing to do it for eighteen thousand ($18,000). Mr. A. Quinn Jones (City Attorney) Commissioner, Oh, I'm sorry. Go allead. Mayor Carollo: OK. Hey, if they're willing to do it, take it out. I'm not voting for it now, you know. Mr. Jones: Commissioner, I was told in the midst of the directive for... Mayor Carollo: I compliment you if you got it down to eighteen thousand ($18,000). i Mr. Jones: Yeah. That's what it was originally. ` Commissioner Plummer: That's what it was before without benefits. Mr. Jones: Yeah. Mayor Carollo: Great, OK. Without. That's what it was originally? r Mr. Janes: Yes. Mayor Carollo: Yeah, this will apply to how many? Mr. Jones: Civil, Civil Service Board, Code Enforcement Board and the Nuisance Abatement Board. (INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC ; RECORD.) , Mr. Jones: Well, it's not here but you know, if you're going to do it for two... 3 Mayor Carollo: OK, very good. Mr. Jones: ... you need to do it for across the board. Mayor Carollo: Sure, that's savings. Mr. Jones: The only thing I'd ask is for a clarification for you, so we don't have this problem ; again like we had this afternoon. I mean it's... for the eighteen thousand dollars ($18,000), Is it your expectation and that attorney, will handle any and everything including litigation... t s Commissioner Plummer: Of course. Mr. Jones: ...that arises. Because that's the problem we've had for the last couple of years. Mayor Carollo: Yeah, otherwise it's going to end up costing us more money at the end, Quinn. I Commissioner Plummer: That's right. Mr. Jones: Yeah, Yeah. So they need to understand... Mayor Carollo: Sure. Mr. Jones: ... that, that's. OK. 122 October 10, 1996 FA Commissioner Plummer: Well, make it understood to them. Mr. Jones: All right. Commissioner Plummer: All right. I'll move it. Predicated on the eighteen thousand with the understand that, that includes all of their fees including any litigation. Mayor Carollo: All right. There's a motion with these stipulations made. There's a second by Vice Mayor Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-727 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM FY '96-97 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 24101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES, FOR THE CIVIL SERVICE BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) E Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II 7 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo i NAYS: None. ABSENT: Commissioner Tomas Regalado ---------------------------------------- --------------------------- --------------------------------------------- 44. AUTHORIZE SETTLEMENT (WITH EXHIBITS): OVERTOWN VENTURES, INC. TO RESOLVE PENDING LITIGATION AND ARBITRATION -- CASE ' NO. 94-13825 CA 02, ND AAA ARBITRATION, CASE NO. 32 115 00122 95 1 BB. ---------------------------------------------------------------------------------------------------------------- , Mayor Carollo: Item-44. Authorizing the City Attorney and City Manager to enter into a ! stipulated settlement. It's a resolution. Commissioner Plummer: Mr. Mayor, if you want an explanation, I'll hold my motion but I assume all of us have had the meetings with the attorney's office. I'm not so really over greatly enthused that it will be successful but I think it's the only thing we have left to do. And at this particular time, I'll move it. F t 123 October 10, 1996 } j I I Commissioner Dunn: I'll second it. Mayor Carollo: OK. There's a motion, there's a second. Any further discussion? Hearing none, all in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-728 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO ENTER INTO A STIPULATED SETTLEMENT (WITH EXHIBITS) WITH OVERTOWN VENTURES, INC., TO RESOLVE PENDING LITIGATION AND ARBITRATION PROCEEDINGS, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS ASSERTED AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 94-1.3825 CA 02, AND AAA ARBITRATION, CASE NO. 32 115 00122 95 BB. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II iCommissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado -------------------------------------------------------------------------------------- 45. ALLOCATE $18,000 FROM FY'96-97 BUDGET OF HEARING BOARDS OFFICE, ACCOUNT 560602-250, PROJECT 421001, FOR PAYMENT TO SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD (INCLUDING POSSIBLE LITIGATION). ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Forty-five we're reducing to eighteen thousand also, right, including... Ms. Cuervo: Yes, thank you. Commissioner Plummer: ... Including. I'll move it. Mayor Carollo: Second by Vice Mayor Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. S i 124 October 10, 1996 i t �i The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-729 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM FY '96-97 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT CODE NO. 560602-250, PROJECT NO. 421001, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES, FOR THE. CODE ENFORCEMENT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, 11 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado --------------------------------------- - 46. ALLOCATE $18,000 FROM FY'96-97 BUDGET TO SPECIAL COUNSEL FOR NUISANCE ABATEMENT BOARD (INCLUDING POSSIBLE LITIGATION). ---------------------------------------------------------------------------------------------------------------- Mr. A. Quinn Jones, : Mr. Mayor, could I have a separate motion on the... For the light for the Nuisance Abatement Board Counsel. Commissioner Plummer: So move. Mayor Carollo: Second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. I j t P t { r IN The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-730 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM FY '96-97 BUDGETED FUNDS OF THE NUISANCE ABATEMENT BOARD FOR PAYMENT OF COMPENSATION TO SPECIAL, COUNSEL, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES, FOR THE NUISANCE ABATEMENT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: ABSENT: None. Commissioner Tomas Regalado Commissioner Plummer: We already voted on item-45. Commissioner Plummer: The City Attorney now has pocket items. Mr. Doug Broeker: Mr. Mayor, if I could just be heard on that. Doug Broeker, I'm the legal counsel for the Nuisance Abatement Board. I was just here before you about the Dubari and I think we discussed just how expensive that was going to be. So I wanted to clarify that, if I'm the person to be appointed for the Nuisance Board that the Dubari litigation would not be... Commissioner Plummer: Outside. Vice Mayor Gort: Sure. Mr. Broeker: ...part of that. Right that would be outside of that. Commissioner Plummer: We'd turn it over to the City Attorney. Vice Mayor Gort: Right, yeah. Mr. Broeker: Right, what's that? Right. So if he chooses to retain us, that would separate from this. Because we have in the past years, handled some of the appeals that have come out of that, but a Federal Court litigation would be separate. Commissioner Plummer: It is. Mr. Broeker: But we are willing, you know. As I said I'm a resident of the City and I work here in the City. I know what the financial crisis is, and although in times, it's probably been more than thirty thousand ($30,000) in the last few years. I'm happy to roll it back as a show of 126 October 10, 1996 } f i i i -i i } i i i r i support for what you all are doing and recognizing the trouble that you all face. So, I just want to pass that along to you. Thank you. --------------------------------------- 47. AUTHORIZE INCREASE OF $17,726.58 FROM $511,949 TO $529,675.58 IN CONTRACT BETWEEN CITY AND PINO-FONTICIELLA CONSTRUCTION CORPORATION FOR ALLAPATTAH - COMSTOCY RECREATION BUILDING, B-3248 -- (CAPITAL IMPROVEMENT 331309). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Forty-five, we did, 46. Commissioner Plummer: Why the increase? Mr. Alberto Ruder (Director / Parks and Recreation Department): We've found some unexpected conditions related to the deterioration of two bridges and it's all grant funds. Commissioner Plummer: Move it. Vice Mayor Gort: It's all grants? Mr. Ruder: Yeah. It's not general fund, it's grant funds. Vice Mayor Gort: Second. Mayor Carollo: There's a motion. There's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: } i RESOLUTION NO. 96-731 A RESOLUTION (Pending the Law Department.) 127 October 10, 1996 i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo None. Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 48. APPROVE 1 / 2 FUNDING (MINUS 1.5Q/o) FOR BELAFONTE TACOLCY CENTER, INC. FOR IMPLEMENTATION OF SPORTS DEVELOPMENT PROGRAM FOR LIBERTY CITY. Mayor Carollo: Item forty-seven. Commissioner Plummer: Move it. Mayor Carollo: No. Commissioner Plummer: No, OK. Mayor Carollo: Discussion. Commissioner Plummer: Discussion. Where are the funds coming for this contract? Mr. Alberto Ruder (Director, Parks Department): For both this contract and... Mayor Carollo: And 48. Mr. Ruder: ... and the next contract, they have been in our general fund budget for the last several years, both for Tacolcy and both for Little Havana. This year the amount that you see here is what... the same amount they got last year. They had originally asked for ten thousand ($10,000) more. We cut the... Mayor Carollo: Yeah. See, this is the area that I'm having problems with now. With the situation that we have, we're using General Fund funds to handle some of these contracts. And these are the only two with... Mr. Ruder: Yeah, in my budget. Mayor Carollo: ... in your budget, in Parks and Recreation with the private sector. Have these gone out to bid at all? 128 October 10, 1996 4 f i i iv t `1 t (Ft' 4' Mr. Ruder: They have not gone out to bid, in the past. If we were to do it, it would probably cost us more. I mean, we would just have to budget our General Fund. And if we had to use... Mayor Carollo: Well see, Al, that's always the excuse. Remember that was the excuse for giving Melreese away. Thank God, the Coconut Grave Civic Club has it in the Third District Court of Appeals. But how do we know if it's going to cost more, without having competitive bidding? Mr. Ruder: Well, I think it's a good point especially now with the City's financial situation. This is already programmed to be in our budget and obviously we could bid it out. If we do, we do have to make a decision as to what we do right now with the park because we don't have the staff to run either one of these parks, right now. Commissioner Plummer: Well, there's an answer to that but I'm not sure that I want. The answer is, you fund them one -twelfth, one -twelfth, one -twelfth. But, you know I think what we really need to talk about is that these have been very successful programs. Mr. Ruder: Yes. Mayor Carollo: Still Commissioner, we're not questioning that. We're questioning that if we're going to maybe ask every other group or organization within the City's General Budget to have to cut back, they are going to have to cut back too. And then if we approve this like this, then it's approved. We can't come back until a year from now. Commissioner Plummer: If they cut back, can we survive? Can they survive? Mr. Ruder: We have asked them to cut back, I'm sorry. OK. Commissioner Plummer: And, let me tell you something. I remember when we started making the agreement with Tacolcy, it was because they could do it cheaper than what we were doing it. And they did a lot better job. I also remember the other item on Domino Park. We were having major problems, and CAMACOL went in there on a contractual basis and straightened the thing out. So I guess, you know we all understand the financial crunch. If you want to go out to bidding, I've never had a problem with bidding procedures. Mr. Ruder: Yeah. We have asked them... Commissioner Plummer: It's the only way you'll ever know whether you could do better. Mayor Carollo: See the problem that I have here, with Tacolcy, I've been one that in the past has always been here to help them. I think they've done a good job in many of their projects including this one. But, the problem that I have is, that we're in a time in the City of Miami that we have to cut back everywhere. And the monies that they're paying out here, as I am reading it. This is where part of these funds are being charged to. For instance, you have Social Service Support individual that makes forty thousand ($40,000) annual salary. I believe 20 percent of his salary is being charged to the City. Mr. Ruder: Right. Mayor Carollo: You have executive director, fifty-five thousand ($55,000). Five percent is being charged to the City. Clerk typist, fourteen thousand three hundred ($14,300). Five percent is being charged to the City. Two administrative assistants, one at twenty-five thousand ($25,000) plus and the other at twenty-two thousand ($22,000) plus. Five percent is being charged to the City. The Accounting Manager, thirty thousand ($30,000). Five percent being 129 October I.0, 1996 P charged to the City. The accountant, twelve thousand ($12,000). Five percent being charged to the City. general secretary, maintenance supervisor, accounting clerk, five percent is being charged to the City. Commissioner Plummer: Yes, I've seen it. Mayor Carollo: You have a lot of other activities here that they're still charging a percentage to the City of Miami in doing this. And we really need to get down to a bare knuckles budget. Mr. Ruder: OK. We have asked both of them to cut their budget and they, both groups... And they have both said that they could cut it by five percent even though. I mean, I'll let them speak. Tacolcy says it's going to have a small impact on their programs. Little Havana says that they'll still provide the same service which includes seven days a week. But I'm just giving you that for your information. Mayor Carollo: Yeah, but you know what they... You'll need to realize in the Little Havana Development Authority that's coming up right after your item too, is that the whole City is having an impact. You know, we need to cut more. Five percent is really you know, the minimum. We need to see some concrete savings. The Manager had asked every department to give five, ten, fifteen and you know five percent is really a minimum amount. Mr. Clyde Judson: Mr. Mayor and Commissioners, we do appreciate the problem that the City of Miami is having. As a board member at Tacolcy and one of the kids that grew up at Tacolcy, and the kinds of things that Tacolcy does, I'm living evidence standing before you. I have a private business that operates in the City of Miami and I have to say honestly that I probably could be a liability to the City of Miami, as a young black man. And because of Tacolcy, I'm an asset. And so I know you appreciate that, and we do appreciate t11e problem and we're willing; to make some cuts. But I heard you mention a couple other things that... A couple other issues that are kind of... that we would like to be very clear on. One of them is, if you bid Tacolcy out right now you'd be putting an organization that's been operating at that particular location over 30 years in a competitive position with other people. Now, we're not worried about bidding, because we don't think that anybody can do a better job than us. And we think we'd win from that. But if you ask in terms of just dollar values, then we can't compete with other people from that standpoint because the program is operating below what it needs right now. In addition, what you're looking at in terms of our budget please consider that in the light of Tacolcy's total budget. What you have, is the City of Miami giving Tacolcy ninety-two thousand dollars ($92,000) and we have a million dollar ($1,000,000) program. So, we've taken your ninety-two thousand ($92,000) and leveraged that into a much larger program that provides a much larger service to the community. So, from that standpoint, we're not worried about competing with anybody for the use of the facility. But our Executive Director can tell you better what we can do in terms of cutting the budget. And we're willing to do that. You know, we understand the problem quite well and we're willing to do that. Mayor Carollo: Well, what I'm saying is that accounting managers, accountants, other positions that you have here, that you're only charging five percent of their salaries to this budget. Those are some that really you, at this point in time should be charging to some of your other accounts. And this is where we could maybe look to see if we could bring this down to, instead of a five percent cut, a 15 percent cut. You all have done a wonderful program there and we know that. But at the same time, so have many other people that are just as much in need across all of Miami and we need to start cutting everywhere, not just in some areas. Mr. Judson: We'd be glad to go back and take a closer look at that. But, we'd like for you to also appreciate that normally that this funding would have been approved before October 1. And we're in the process of carrying the program on these other funding sources until you approve our funding. 130 October 10, 1996 F Commissioner Plummer: You want to move to defer? Mayor Carollo: Commissioner, I'll defer to you. Commissioner Dunn: You know, this is as we stated earlier today. We're really in a hind. It's a terrible, terrible spot to he in. There's nothing; inure that I'm concerned about than young people. And I too know the history of Tacolcy. I mean it's right down the street from where I grew up, attended school, pastured a church even. Sol know the situation. But I think, we've got to send a message that this situation that we're facing; in the City of Miami is real. It's you know, it is indeed real. However, I do understand that you're having a problem now with operations as we embark into the new fiscal year. I don't know. I don't know where we... Mr. Judson: I might offer a suggestion that mister. Actually it was Mr. Plummer's suggestion that we... that at least until something else happens or something else is resolved that we at least give one -twelfth of that to carry us through the month of October. Mayor Carollo: OK. But let's... I will be willing to with the one -twelfth minus a discount in percentage -wise from your previous years budget. I think you can could certainly Iive with a fifteen percent. Mr. Judson: We'll go back and do our very best to do... Mayor Carollo: OK. So let's approve. Commissioner Dunn: We need your help. Commissioner Plummer: I'll move item-47 for one -twelfths of its funding, which will carry them through the month of October, '96. Commissioner Dunn: I second. Mayor Carollo: Minus the 15 percent, Commissioner. Commissioner Plummer: Minus, yeah of course. Commissioner Dunn: Minus. Yeah, sure. Mayor Carollo: That's fine. Commissioner Dunn: I'll second that. Mayor Carollo: Thank you. Mr. Ruder: OK. And then you want us to come back to you with a new figure. Mayor Carollo: A new figure, if you would. I appreciate your understanding and your help throughout the years. Thank you all. Commissioner Dunn: Mr. Mayor, one other point, if I may please. I think it's a matter of 15 percent or no percent, you know. And I think, you know that's where we are. It's a matter of survival. Vice Mayor Gort: Mr. Mayor. 131 October 10, 1996 Mayor Carollo: Yes, sir. Vice Mayor Gort: The meetings that we've had with some of these organizations. One of the suggestions is that I told them that I will work with them. And I'm sure all of us will work with them. Where we can get the private sector to get some sponsorship. We'll give them some credit. And we can go through their Marketing Department and I am sure there's a lot of vendors that are willing to do that and. Mayor Carollo: Thank you. Mr. Ruder: Thank you. Commissioner Dunn: Thank you. Mayor Carollo: OK. Thank you very much. Unidentified Speaker: Thank you for your support. Commissioner Dunn: You're welcome. Commissioner Plummer: Call the roll. Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-732 A RESOLUTION (Pending the Law Department.) 132 October 10, 1996 LIN N W Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 49. ASSIGN COMMISSIONER DUNN AND TERESITA GYORI (STAFF) TO MEET WITH LUIS VALDES AND ANTHONY RIVAS REGARDING MAINTENANCE AND OPERATION OF MAXIMO GOMEZ PARK -- ALLOCATE 1 / 12 FUNDING MINUS 15% TO LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. FOR PARK OPERATION / MANAGEMENT OF SAID PARK. Mayor Carollo: Forty-eight. Commissioner Plummer: Move under the same set of conditions. Commissioner Dunn: Second. Mayor Carollo: There's a motion. There's a second. Under discussion. Commissioner Regalado: Mr. Mayo, this is Domino Park and I spoke to Dolores, she's the attendant there. And she mentioned that the only thing that they needed is to have 30 hours of security guard reinstated. My understanding, after talking to Mr. Ruder is that, that situation has been resolved and that the park, Domino Park will be open on Sundays. They do need the security guard because of many reasons. We all know that, that area is a high crime area. But we also need to know and well, I guess we all do, that a lot of tourist go by that park. They go in... and see the members of the park playing domino. Plus we have the national media focus on that park. My understanding is that the organization that operates that park has agreed to cut down on the budget. But they still will have the park open seven days. Sunday until six o'clock. Mr. Alberto Ruder (Director, Parks & Recreation Department): Yeah, but what they have cut is five percent so far. And I think the... Commissioner Regalado: OK. Mayor Carollo: But, I have a question here. What? Mr. Rivas can you come to the mike and identify yourself? Mr. Anthony Rivas: Sure. My name is Anthony Rivas. I'm the Director of Little Havana, which is the one that had the monitor in the park. And I want to excuse Mr. Luis Sabines, he wanted to come but he couldn't make it. 133 October 10, 1996 Mayor Carollo: I understand. It's the Little Havana Development Authority. What is your total budget please? Your total budget that you have in the Little Havana Development Authority. Mr. Rivas: Sixty-nine thousand five hundred ($69,500). Mayor Carollo: This is from the City's. But your total budget overall. Mr. Rivas: Oh, about. For all the grants I have received for different things. About almost three hundred and forty-eight thousand ($348,000). Mayor Carollo: OK. Three hundred and forty-eight thousand ($348,000). OK. The difference that I'm seeing is when... The previous group that was here from Tacolcy, they were getting ninety-two thousand seven hundred (92,700) per year versus your sixty-nine thousand five hundred ($69,500). But they have a huge park to take care of. They have all kinds of programs. I mean it's a very active program where they have hundreds of kids that come. And they're doing a tremendous task. Domino Park is a small park that we have, it's a very highly used park by many of our elderly citizens to play dominos and go there just to have a relaxing time. I really need to know what we're providing to them for sixty-nine thousand five hundred dollars ($69,500). Mr. Rivas: OK. Mayor Carollo: We should be having a tremendous amount of activities there, at Domino Park for the amount of money that we're providing. Mr. Rivas: Yeah, we provide. Well, first let me tell you that you see in the breakdown here, that we have a security agreement almost twenty-five thousand dollars ($25,000), which we pay... Mayor Carollo: OK, for the security. Well that's what I need. Mr. Rivas: Yeah. Mayor Carollo: Security is twenty-five thousand ($25,000). Mr. Rivas: Yes, twenty four, twenty-four thousand four hundred ninety dollars ($24,490). Mayor Carollo: OK, that's for security. Mr. Rivas: That's right there. And... Mayor Carollo: Do you know what you're paying the security guard per hour? Mr. Rivas: Because, you see... Yeah, seven dollars per hour. Mayor Carollo: Seven dollars per hour? Mr. Rivas: Yes, sir. Mayor Carollo: Very good. Mr. Rivas: You see they are from nine to six, seven days a weeks. Mayor Carollo: Uh-huh, right. 134 October 10, 1996 Aft Mr. Rivas: That's why it takes that. much. Mayor Carollo: OK. All right. Mr. Rivas: And ... But we do once a month something else. For example, now we have the Tournament of the Coin inissioners. That, some of you fellows have been there, on the 18th. You all are invited. And of course if you want to. And what we do, we get amounts from private business people and we give a price. We also give a "jabas" every year and we do almost every month, we do something for the people there. Does that answer your question? Mayor Carollo: OK. Mr. Rivas: And we put in black and white. Mayor Carollo: Commissioner. Commissioner Regalado: But... Mr. Mr. Rivas: Yeah, we open the park nine to six, seven days a week. That's a lot of hours. Commissioner Regalado: Mr. Rivas, the "jabas" are being given by the Chamber of Commerce. Mr. Rivas: The what? Commissioner. Regalado: The "jabas, los regalos." Mr. Rivas: Yeah, has been given by the Chamber. Oli yeah, yeah, yeah. Commissioner Regalado: By the Chamber. By the Latin Chamber of Commerce. Mr. Rivas: It's not, it's not in here. Commissioner Regalado: Oh, OK. Mr. Rivas: Even the tournament of the domino. For example the prices, is from private people. For example, this year it's going to be the Sun Bank. Some other year, it's Hamilton Bank, and different people. That, I'm not talking about. Mayor Carollo: Well... Mr. Rivas: You see according by the contract there has to be 12 community events at the park during the term of the agreement. Which wouldn't cost the City anything. Mayor Carollo: The bottom line is, that you are going to have to come down with at least 15 percent as we asked for Tacolcy. And at the same time, I expect the park to be opened the same hours. If you're going to have to cut, you're going to have to cut from some of the other areas that you're contributing to the park. Mr. Rivas: Well, I would try my best. The only thing I can do is pass this... whatever you want to our chairman Mr. Sabines and let him decide. Mayor Carollo: Well, I understand that. And if for any reason you feel that you can't do it for the amount of monies that we're stipulating that will be the most that we will give. We have no problem in taking it back and we'll run it ourselves. Because... 135 October 10, 1996 [i f Mr. Rivas: OK, I'll let the boss decide what to do. Mayor Carollo: Sure. Well, that's right. Mr. Rivas: I have no... Vice Mayor Gort: Mr. Mayor. Commissioner Dunn: I just. What we're trying to do basically is be consistent with everybody. We want everybody across the board to understand because we don't want to show any ' favoritism or biasness to anyone. We are broke. The City is broke. Mr. Rivas: I know, I know. Commissioner Dunn: ... and we're doing the very best. We know this is a valuable program. We respect and admire it, but it's important, it's imperative, it's highly necessary that we show consistency. Mr. Rivas: Uh-huh, well. Mayor Carollo: That we have to. Let's... Commissioner, go ahead. Vice Mayor Gort: Mr. Mayor, I think what Commissioner Dunn just stated is very important. And I think we're setting standards and guidelines and those standards and guidelines have to be applied to everyone. Mayor Carollo: Absolutely. j Vice Mayor Gort: And this is the only way we are going to function. Now, you as the... I was one of the creators at Domino Park and one of the reasons we had to do the changes, is because in 1980 we had a lot of problems in there. So we had to place individuals there to supervise the activities of the park. Commissioner Plummer: That's right. Vice Mayor Gort: And that's the reason that it was done. It known throughout the world... Commissioner Plummer: Because there a lot of problems. Vice Mayor Gort: ... to newspapers, reporters and visitors. I'm sure through the Chamber of Commerce and through Little Havana Development Authority, that you can get the private sector to sponsor... Mr. Rivas: The rest. Vice Mayor Gort: ... some of the money that you're going to be missing. I Mayor Carollo: Sure. Mr. Rivas: We would try, we would try very hard. Vice Mayor Gort: And this is one of the things that we need to do. The nonprofit corporations I are also going to start tapping the private sector. And I know you have the ability to do that. I 136 October 10, 1996 L" i A: Mr. Rivas: OK. Let me go back to see what we can do. Vice Mayor Gort: So let your board know that. The City needs help and we all have to work together. Mr. Rivas: We all... We all work together, OK. We'll try very hard. Mayor Carollo: We appreciate that now. Vice Mayor Gort: Hope you open... next week. Mr. Rivas: Sure Mayor, sure. Mayor Carollo: Now, we are going to listen if you stay by, OK. We're going to listen from some of the people that play there that wanted to come and talk. Mr. Luis Valdes: Buenas tardes. My name is Luis Valdes, I live 1403 N.W. 7th Street. I not too much speak English. If possible, SI HAY UN INTERPRETE. Mayor Carollo: OK. Christina, could someone translate please? Commissioner Regalado: I'll translate for him. Mayor Carollo: OK. [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY COMMISSIONER REGALADO.[ Mr. Valdes: VOY A EXPLICARLES, EN ESPANOL NO PUEDE SER. VERDAD? Commissioner Regalado: SI, SI, HABLE EN ESPANOL Y YO TE LO VOY A TRADUCIR. Mr. Valdes: YO TENGO LA FIRMA DE TODOS LOS MIEMBROS DEL DOMINO, A DONDE AH1 SE HA VIOLADO POR LO MENOS LA LIBERTAD DE NOSOTROS, LOS VIEJOS. ENTONCES NOS HAN SUSPENDIDO UNA HORA DURANTE EL DIA Y LOS DOMINGOS LO HAN TRANCADO SIN NOTIFICAR NADA A NINGUNO DE LOS MIEMBROS. PARTICULARMENTE, SE ESTA PAGANDO UN PROMEDIO DE $69,500 AL ANO PARA EL MANTENIMIENTO DEL DOMINO. SE HA SUSPENDIDO EL JUEGO DE LA BARAJA, A DONDE NO SE JUEGA INTERES POR CULPA, YO NO SE POR QUE MOTIVO. EXACTAMENTE, AHI, VAYA, ME PARECE QUE EN EL ANO 1.991 EL PARQUE RECIBIA UN PROMEDIO DE $35,000 PARA EL MANTENIMIENTO DE EL. EL SERVICIO NO ES APROPIADO. MUCHAS VECES FALTA EL PAPEL. TENEMOS TAMBIEN PROBLEMAS CON EL JABON, VAYA, PARA PODERNOS LAVARNOS LAS MANOS CUANDO SE TERMINA DE JUGAR. ME PARECE QUE NO ES SUFICIENTE EL MANTENIMIENTO, QUE TANTO DINERO PARA EL JUEGO DEL, PARQUE. ACTUALMENTE AHI HAY UN TRATO QUE VAYA, QUE LOS VIEJOS SE VEN COHIBIDOS A VECES DE HACER -COMO SE PUEDE DECIR?- CUANDO JUEGA UN 137 October 10, 1996 DOMINO, QUE GANA, Y SE ALZA LA VOS, ENTONCES QUIEREN SUSPENDERLO POR UNA SEMANA, O QUINCE DIAS, NOS HAN SUSPENDIDO LA VIGILANCIA POR LA MANANA AL DOMINO QUE HABIA UN POLICIA. ACTUALMENTE NO HAY CUSTODIA POR LA MANANA. EL DOMINO ES UN ENTRETENIMIENTO PARA PERSONAS YA DE CIERTA EDAD QUE LLEGAN A LAS NUEVE DE LA MANANA Y SE VAN A LAS CINCO DE LA TARDE, PORQUE ES LA UNICA DISTRACCION QUE TIENEN. SI NO HUBIERA NINGUN INCONVENIENTE, QUISIERA VER SI POR LO MENOS HAY ALGUNA INSTITUCION QUE SE HICIERA CARGO DEL DOMINO PARA TENER MAS EXPANSION EN EL MISMO. ESTA BIEN. YA ESTA ESO, NADA MAS. Translation: I have the signatures of all the members of Domino Park. Whereas, where the freedom of all the people that attend there has been violated. They have cancelled one hour and they have shut down the park on Sunday, and we never were notified. The City's paying sixty- nine thousand five hundred dollars a year (` 69,500) a year to maintain the park. They have cancelled the card games, he doesn't know why. He remembers that in 1991, the park only received thirty-five thousand dollars ($35,000) for maintenance and services. We have problem with the restrooms, no toilet paper, nor soap. He thinks it's a lot of money. That they don't need that much money to maintain that park. He said that when people, the people that are playing there are somehow scared because if they win one set of games and shout or say something out loud. They are suspended by the person attending the park for one week. The domino is a form of entertainment for people that are retired. That arrive there nine o'clock and leave at five and they do not have security guard or any security during the morning hours. He's asking that another institution will take care of Domino Park so we will have more freedom to be there. Commissioner Regalado: YA? DE.IA LA CARTA ESA AHI. Mayor Carollo: Well this... Mr. Pedro Duran: Excuse me. It's just a little mistake. He says that in the letter, there are all the members there. No. We are about 1,001. One hundred and... 1,000 members, not just. Let's say about 200 signatures because we took it in a couple of days. Mayor Carollo: Uh-huh. Mr. Duran: Thank you. Commissioner Plummer: It would be awful crowded if they all showed up. Mayor Carollo: The information that we are receiving here certainly makes, I think, this situation somewhat different from the one before. Obviously people are satisfied with the way that Tacolcy is running the park there. Some people are expressing satisfaction, the way this park is being run. And that the one thing that have concerned me the most that I've heard is if you have a park attendant there - And I don't know who the person might be. If it's a he or a she - that are not even taking the time to make sure that the bathrooms there are going to have sufficient toilet paper, soap. That if some of these senior citizens that we have in an open park, because they win a domino game, showed some joy, is going to be screaming at them, telling them they can't express that and threatening to close them down for a week. We have a problem with that. And either maybe, whomever the park attendant or helper or both need to be changed or we need to take some other action on the situation. I don't know what's going on there, because I haven't been there recently. But obviously you have a problem there. These are some of the people that play there. They use the park regularly. They have given us a list here that has several hundred names. And... Mr. Rivas: But Mr. Mayor, we never hear that before. 138 October 10, 1996 1i Mayor Carollo: Well. Mr. Rivas: That's the first. This is the first time. Did you hear anything about this? Mayor Carollo: It might be the first time, but nevertheless, you knew, you're hearing it now. I'm sorry that it has to he heard in this fashion. I Wish We Could have handled it in a different fashion. But, this is something that I find totally unacceptable and the City of Miami carries the responsibility and liability there also. So, I'd like to hear from my colleagues what they would like to do and which Way they would go, they will like to go about it. Mr. Rivas: Mr. Mayor, may I, may I? Mayor Carollo: Yes. Mr. Rivas: I want to call the attention that from September the 23rd, the lady and all the people that work there haven't had received a penny yet. And they're working voluntarily. Not voluntarily, they're expecting to, for them to collect the money later on. But they're working and they understand that it's a way to be some voluntary, because they love the park very much. And we love the park very much and we try to do the best all the time. We always try to do something. And the park when you go there is very, very, very clean. I don't see any reason for no paper and no soap, that. And I never heard that before. They never came to me. I go to the park almost every day. Go in, go out and bingo. And they never stop me or any complaints at all. In writing or verbally. Mayor Carollo: I think Mr. Rivas what you need to do is. You need to have to. You, yourself. Not send anybody else to do it, have a meeting with some of the people that are using the park, and you need to listen to them. And then see if you could work out an agreement that will satisfy everyone and will give them the dignity and respect that they deserve while they're playing there and then come back to this Commission so that we can finalize it. At the same time, whatever agreement that's going to be made, you have to keep in mind that it's going to have to be 15 percent less than what you've received last year. And we expect that the parks will be open until 6:00 p.m. Mr. Rivas: OK. Mr. Ruder: OK. Commissioner Plummer: I move. Commissioner Regalado: Mr. Mayor. Commissioner Plummer: One twelfth. Commissioner Regalado: And on Sunday of course. Mayor Carollo: Of course. Commissioner Regalado: On Sunday. Commissioner Plummer: I'll move one -twelfth, less 15 percent. Until they come back with the final agreement. Mayor Carollo: With the provisions that the park stay open until 6:00 p.m. and on Sundays. 139 October 10, 1996 1i Commissioner Dunn: I'll second it. Commissioner Plummer: That's correct. Vice Mayor Gort: Discussion. My suggestion also. My understanding, most of the regulations that were established in there, were established the users themselves. Because of recent. Because of the problems that we had in the '80s. So some of the regulations that they have now, might not be necessary now, because that has been cleaned up quite a bit. Mayor Carollo: That's correct. Vice Mayor Gort: So my suggestion is, you get together with them. Go over the different... Because I know you all had a set of rules in order to get set in certain order because of the problem that we had there. And maybe some of those rules can be changed now. But make sure you sit down with them and you get the input from them, at the same time try to have a suggestion box. Sometimes that helps and keep your communication open. I think it's important. Mayor Carollo: And part of the motion, Commissioners, is that they be instructed to meet and come back to an agreement to this Commission. Commissioner Plummer: Yeah. They that's. They only got one twelfth funding, they better meet and come back pretty quick. Ms. Christina Cuervo (Assitant City Manager): Can I just add something for the record, just so that you're informed and also that we put it on record so that the programs know. There's a section in the contract where we disperse these funds through which is Section 3.5 in both the Belafonte contract and this one which is a contingency clause, that it's subject to the availability of funds. So, there is an ability to terminate at some future date if you know, we feel the need to, because of a lack of funds. Commissioner Plummer: I'd sure hope that's in every contract. Mayor Carollo: Very good. Very good, let... Ms. Cuervo: Yeah. And that's something important to point out and put on the record. Vice Mayor Gort: Mr. Mayor, I also would like to see if Parks Department, and this is happening in many other cities. Somehow, this Domino Park is a very popular place, visited by the press and by tourists. Or maybe, instead of the City doing the... funding this operation, that they can come up with sponsors. I don't think the City will have any problem, and let the sponsor pay for it. Let them use it as a marketing... Mayor Carollo: Well, this might be one again that we could send to the Sports and Exhibition Authority. Commissioner Plummer: That's true. Mayor Carollo: That would be within the guidelines of promoting conventions, exhibitions... Vice Mayor Gort: Conventions and tourism. Mayor Carollo: ... tourism in Miami. 140 October 10, 1996 r. r Vice Mayor Gort: Part of the service they do there also, and correct me if I'm wrong. At least we used to do it when we first opened up, is Tourist Information Booth. Where we have... t Commissioner Plummer: It's been moved. Vice Mayor Gort: That was removed? Commissioner Plummer: Uh-huh. You were there for it. Down there close to McDonalds. Mayor Carollo: Let me explain to them, Commissioners, what we have agreed upon. And basically I'm going to explain to them so I won't have to translate hack again what we have agreed and instructed Mr. Rivas to do to sit down with them and to negotiate. BASICAMENTE, EL ACUERDO QUE HEMOS OBTENIDO CON EL SENOR RIVAS ES QUE SE VAN A REUNIR USTEDES CON EL Y ESPEREMOS QUE LLEGUEN A UN ACUERDO Y REGRESEN A LA COMISION PARA QUE LA COMISION TOME UNA DESICION FINAL. LO QUE LES HEMOS APROBADO AHORA ES LO SIGUIENTE. VAMOS A PAGARLE POR UN MES NADA MAS DE LOS DOLE DEL ANO, MENOS 15 PORCIENTO DE LO QUE SE LE ESTABA DANDO ANTES, PERO TIENEN QUE DAR LOS MISMOS SERVICIOS EN CUANTO MANTENER EL PARQUE ABIERTO HASTA LAS SEIS DE LA TARDE, Y ABIERTO LOS DOMINGOS. PERO UNO DE LOS REQUISITOS ES QUE SE TIENEN QUE REUNIR CON USTEDES. LAS QUEJAS QUE TENGAN, SEAN CUAL SEAN, Y SI NO ESTAN CONTENTOS CON LAS PERSONAS QUE ESTAN EN EL PARQUE,. ETC., SE LO EXPLICAN A EL, PARA VER SI LLEGAN A UN ACUERDO Y AHI NECESITAMOS QUE TANTO USTEDES Y LOS OTROS QUE NO ESTAN AQUI, COOPEREN CON EL, Y QUE EL COOPERS CON USTEDES. Y REGRESEN A LA COMISION DE MIAMI PARA VER SI PODEMOS RESOLVER ESTO EN UNA FORMA AMICABLE. Mr. Valdes: OIL, BIEN, MUCHAS GRACIAS. Mr. Rafael Ochoa: RAFAEL OCHOA, LA 2401 S.W. 68 STREET. YO NO CREO QUE EL SENOR RIVAS ES EL APROPIADO PARA REUNIRSE CON NOSOTROS, PORQUE EL ES MUY PARTIDARISTA Y NOSOTROS NO ENTENDEMOS DE ESO. NOSOTROS QUEREMOS UNA PERSONA MAS CONSERVADORA, QUE NOS LLEVE A UNA REUNION CON ELLOS, ENTONCES VAMOS. SINO, YO NO VOY CON EL SENOR RIVAS. MUCHAS GRACIAS. Mayor Carollo: Bueno... Why don't you go ahead and translate that. Commissioner Regalado: Yeah, he's expressing... He feels that he doesn't want to meet with Mr. Rivas. He says that Mr. Rivas is biased and that he needs another person to meet. If it's Mr. Rivas, the person that is going to be having the meeting, he will not attend. Commissioner Plummer: It's his choice. Commissioner Regalado: QUE PERSONA? USTED QUIERE UN REPRESENTANTE DE LA OFICINA DEL ALCALDE O DE LA OFICINA DE... QUE ESTE PRESENTE EN ESA REUNION? Mayor. Commissioner Plummer: Send Sabines. Mayor Carollo: I would offer myself but frankly I have so much in my plate now, that I don't know if I would be available. 141 October 10, 1996 L-W Commissioner Dunn: Mr. Mayor, I would need some help with translation, but I would be glad to meet with them. I'm serious. Mayor Carollo: Commissioner, I think that's a wonderful idea. Commissioner Dunn: I'd be glad to. Vice Mayor Gort: Good choice. Mayor Carollo: I will assign you to be the referee or mediator. And I'll assign someone from my staff. Someone that has been mentioned in radio quite a bit by some former employees that we had here before. That is, has been mentioned because she is very effective and that's something that bothered people. Commissioner Plummer: I thought you were going to send me as a translator. i Mayor Carollo: Teresita Gyori, she will be assigned to you so that she could help you and I translate. But, again I want to stipulate that both parties have to deal with each other with self- respect and open minds. Not only from the Little Havana Development Authority... Mr. Rivas: I never met that gentleman. Mayor Carollo: ... but from them also. Let me explain to them what we're doing. LO QUE VAMOS A HACER ES LO SIGUIENTE. YO VOY A NOMBRAR AL COMISIONADO DUNN QUE SEA EL QUE... SER EL PUENTE ENTRE USTEDES Y Little Havana Authority CUANDO SE REUNAN CON EL SENOR RIVAS. AL MISMO TIEMPO, LES VOY A DESIGNAR A TERESITA GYORI, DE MI OFICINA, PARA QUE LE PUEDA TRADUCIR A EL. LO QUE SI QUEREMOS ES QUE PRESENTEN LAS QUEJAS, PERO TRATEN DE VERDAD DE BUENA FE DE LLEGAR A UN ACUERDO QUE SEA JUSTO. ASI QUE, SI PUDIERAN, ANTES DE IRSE, ACORDAR FECHAS EN QUE SE PUEDEN REUNIR USTEDES, SE LO DEJAN SABER A MI OFICINA PARA COORDINARLO CON LA OFICINA DEL COMISIONADO DUNN Y SE REUNAN LO MAS ANTES POSIBLE. OK. All right. Very good. Mr. Valdes: Thanks very much. Mayor Carollo: Thank you all very much. Commissioner Dunn: MUCHAS GRACIAS. Mr. Valdes: Graeias. Mayor Carollo: Sure. Commissioner Plummer: Move the funding as recommended. Mayor Carollo: One twelfth minus 15 percent. Commissioner Plummer: That's correct. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. October 10, 1996 W ----------------------------------------------------------- -- - 50. ACCEPT BID: INTER-AMERICAN PROTECTIVE SERVICES (HISPANIC / DADE COUNTY VENDOR) FOR FURNISHING OF SECURITY GUARD SERVICES TO VARIOUS CITY DEPARTMENTS AT A TOTAL ESTIMATED ANNUAL AMOUNT OF $175,000 FOR DEPARTMENT OF FINANCE -- INCLUDE LANGUAGE GUARANTEEING $6.00 PER HOUR FOR UNARMED GUARDS -- FURTHER REQUIREMENT OF DRUG TESTING VERIFICATION AS TERMS OF SAID AGREEMENT -- ALLOCATE FUNDS ($175,000, DEPARTMENT OF FINANCE AND FROM FY '96-97 OPERATING BUDGETS OF USING DEPARTMENTS). i Mayor Carollo: Let's jump to these gentlemen here, they have been waiting and we skipped them by, while we're waiting for Commissioner Regalado. It's item-39. Correct. 4 Unidentified Speaker: That's correct. Mayor Carollo: OK. That's the one for the security guards. Ms. Judy Carter (Chief Procurement Officer): Yes, sir. For Citywide Services, we have Manuel Rodriguez who is the owner and he is here to publicly indicate the hourly rate that he will be paying his guards. Mayor Carollo: OK. What is the insurance that you have for the City and these cars? Mr. Manuel Rodriguez: We have a million dollar ($1,000,000) general liability insurance. Mayor Carollo: OK. So you have the minimum state requirement basically. Mr. Rodriguez: Right. Commissioner Plummer: How long have you been in business? Mr. Rodriguez: Seven years, sir. Commissioner Plummer: And do you handle any other City accounts? Mr. Rodriguez: No, we don't sir. Commissioner Plummer: What is the largest account you handle? Mr. Rodriguez: Eh, we... Commissioner Plummer: Beside the City. Mr. Rodriguez: We have various accounts everywhere. We... Commissioner Plummer: What is the largest account that you handle? Mr. Rodriguez: Largest. Shopping centers, mostly. 144 Commissioner Plummer: And, do you have, I mean is it a hundred thousand dollar ($100,000) account? Is it fifty thousand dollar ($50,000) account? Mr. Rodriguez: Oh, money -wise it's a... It's about one hundred and fifty thousand ($150,000) a year. Commissioner Plummer: Do you have any legal action against your company in the past five years? Mr. Rodriguez: No, sir. Never. Commissioner Plummer: Good. Now the only question that I'm going to ask is that we're assuming that we can do this out of house cheaper and better than we can do it in-house. Ms. Carter: We don't have any guards in-house. Commissioner Plummer: Well, we've got PSAs (Public Service Aids). And you know, I... Let me be honest with you. I'm really seriously questioning why we need as heavy security at the MRC (Miami Riverside Center) building as what we have. Ms. Carter: This isn't for MRC. Ms. Christina Cuervo (Assistant City Manager): No, this is... This company... Commissioner Plummer: This item doesn't include MRC? Ms. Carter: No, sir. No, sir. This no, no, no. Commissioner Plummer: Oh, that means there's another one. Ms. Carter: No, this has to do with citywide needs. One project in particular has to do with the St. Hugh Oaks homes that are needed... Commissioner Plummer: Isn't that now being occupied? If that's being occupied, why do you ,. have to continue to have...? Mr. Elbert Waters (Director, NET (Neighborhood Enhancement Team) Community Development Department): It is being occupied as we sell those units off but we still have vacant units that are up for sale, Commissioner. And therefore, this security contract has already expired. What we've been attempting to do is to have Police do a watch order. But that may not be sufficient, so. Commissioner Plummer: Well, but wait a minute. Either it is sufficient, or it's not. How much> is for the St. Hugh Oaks. How much of that of this contract? Ms. Cuervo: Seventy-two thousand ($72,000). Mr. Waters: Seventy... Ms. Cuervo: Seventy-two thousand ($72,000). 5 Commissioner Plummer: Seventy-two thousand ($72,000). Ms. Cuervo: It's twenty-four hours, right. r: 145 October 10, 1996 Mr. Waters: Yes. Twenty-four hours. Ms. Cuervo: Twenty-four hours. Commissioner Plummer: OK, the question I'm asking is, why? I don't understand. It's being occupied and I don't see it as any different than any other housing around. Ms. Cuervo: Coin niissioner, I believe it's because all the units have not been sold. However, once all the units are sold, then we would discontinue the service. This is on an "as needed" basis. So it's a maximum contract of one hundred and seventy-five thousand ($175,000) annually. It's divided amongst many projects. Commissioner Plummer: No, no, no. I'm reading here, what he said St. Hugh Oaks is how much for security? Seventy-two thousand ($72,000). Mr. Waters: Seventy... Yes, sir. Seventy-two thousand. We've had... Commissioner Plummer: I don't understand that. I really don't know why you need that. Mr. Waters: Well, it's our asset right now because we're responsible for the project as a condominium and there are certain responsibilities that... Commissioner Plummer: How many of the units have been occupied? Mr. Waters: I don't know right now, Commissioner. I can get that information back to you. Commissioner Plummer: Is this on a basis when we agreed to this. That if in a month from today, we don't need it any further, we can cancel it? Ms. Carter: Absolutely, sir. I predicated in the document that it be as needed, when needed only. Commissioner Plummer: OK. My next question is, Community Development. What, where are you requiring twenty thousand dollars ($20,000) of security? Ms. Waters: These are Citywide projects within our CD (Community Development) targeted areas. Commissioner Plummer: No, sir. That's a different. That's a different thing. Community Development, twenty thousand ($20,000). Where is that being used? Public Facilities is another j thirty-two thousand ($32,000). { Ms. Cuervo: That's Manuel Artime (phonetic). The thirty-two thousand ($32,0000 is for Manuel Artime. i Commissioner Plummer: You know we really don't have other than Mike Shapiro here at City Hall. And all of these other places are like fortresses. s Vice Mayor Gort: Shapiro is pretty good. G Commissioner Plummer: Mike does a tremendous job. Of course, you know you have to understand, and this is for public announcement. No crime can take place after 3:15 p.m. because that's when Mike goes home. Other than that don't come to City Hall. P Ms. Christina Abrams (Director, Conferences, Conventions and Public Facilities): Right. Can I answer your question regarding the Public Facilities? This is... Commissioner Plummer: No, I asked about Community Development. I'm waiting for that answer first, and then after that we can go. Mr. Waters: Again, Commissioner are your aware that we have projects throughout the City? Commissioner Plummer: No, I'm obviously not aware. That's why I'm asking the question. Mr. Waters: And what we're doing is recommending that those twenty thousand dollars ($20,000) be Citywide or an as needed basis. So, we estimate that it's in that amount. And so what we're trying to do is provide securities for those projects that will be citywide. Commissioner Plummer: You know, when we make this approval here, we lose total control as to saying "yes" or "no" on any given project. Now, you know unless you can be for me more definitive. I mean you know, you give me a thing here that says other departments not listed who will have the need of these services for sixteen thousand dollars ($16,000). Ms. Carter: Yes, we put that in there, sir as a contingency. If in fact, there is any department that has a need. If there is any vandalism that takes place, and they have no one to guard the area until such time as a window is replaced, then we will not be able to provide the guard services because you would have approved that we could not go over that certain amount. So I'm providing a contingency for the unknown. This is on an "as needed", "when needed" basis. If those monies are not needed, they will not be used. And the vendors understand they do not have a contract for a hundred and seventy some odd thousand dollars ($170,000). They have an as needed" and only when it's needed usability for the City of Miami when it's needed. Ms. Cuervo: And... Commissioner Plummer: Is there a minimum amount? Ms. Carter: No there is no minimum amount. It can be determined that we don't need it. And therefore, they have no contract. Ms. Cuervo: And remember, J.L., that we did this on a Citywide basis, other than the MRC (Miami Riverside Center). So that's why if we go out every single time we need security guard services and bid it out, it would not be as economical as doing a Citywide bid like we've done. Commissioner Plummer: I'll tell you. I'll vote for it, under the following conditions. Ms. Carter: Yes, sir. Commissioner Plummer: That I want a monthly report of what has been used and a projected 30-day advance what you will be using. Ms. Carter: OK. That's no problem. Commissioner Plummer: OK. Mayor Carollo: I need to get more information on that. What kind of a background check do you do on the individuals that you hire? 1.47 October 10, 1996 ff Mr. Rodriguez: We do a local police background check. Mayor Carollo: A local police background check. In other words, you ,just send the prints to be checked through NCIC (National Crime Information Center). OK. Do you do anything else? Mr. Rodriguez: No, we don't. No, sir. Mayor Carollo: OK. Before you put people on duty, do you do that? And you get a reading on them, before you do that? Mr. Rodriguez: Yes, sir. Before we send. anybody out, you know, to work, we make sure to do a criminal background check and a personal background check also. Mayor Carollo: That I want to be part of the contract with them. That they will do that before anyone is sent out there. And particularly in light that really a million dollars ($1,000,000) is kind of low to cover the City. I'm not lisippy with that. To provide security to the City really should be higher than that. A million dollars ($1,000,000) is the minimum that basically the State requires now, if I understand it correctly. The other thing that I'd like to find out is, on the amounts that you're charging, you have "unarmed" as eight twenty ($8.20) and "armed" eight forty ($8.40) an hour. Mr. Rodriguez: That's right. ' Mayor Carollo: That part of armed really concerns me. That's where you have the biggest liability. Where do we need armed guards at? Ms. Carter: We may very well not have it, sir. We had various items. Until such time as the department makes a request. We simply identified the potential. It does not mean we will use it. Mayor Carollo: I think that if we get to the point that we need somebody armed, we are better off going through our Police Department, because we might save a little money. But, then if we have a real situation, it might end up costing us a lot more. Ms. Carter: Uh-huh. I understand. Mayor Carollo: Like we're seeing with the constant lawsuits against the City. Ms. Carter: I assure you that when requisitions do come, that we will ensure that no department asks for any guard with guns. Mayor Carollo: OK. So the contract that we're really discussing then should specify, will be strictly for unarmed guards. Mr. Carter: Yes, sir. And probably the need for the radio, two-way radio. Mayor Carollo: OK. Now, on the unarmed guards, and you have to make a profit in this, I understand that. What do you anticipate paying your guards at eight, if you're being paid by the City eight twenty ($8.20) an hour. What do you anticipate paying your guards? Mr. Rodriguez: Their starting rate will be six dollars ($6.00) an hour. Mayor Carollo: What are your costs, if you pay a guard six dollars ($6.00), with Workmens' Compensation, FICA (Federal Insurance Contribution Act), insuranc? What is you cost per guard at six dollars ($6.00) an hour? Per hour? In other words, if you're paying them six dollars ($6.00), what additional cost that you have per that hour? What are the breakdowns? 148 October 10, 1996 r Mr. Rodriguez: Right. I made a price breakdown. The six dollars ($6.00) an hour will be wages, insurance cost per hour is sixty-five cents ($.65). Uniform cost per hour is fifteen cents ($.15). And payroll taxes per hour is forty-five cents. ($.45). Mayor Carollo: How much? Mr. Rodriguez: Forty-five ($.45). Mayor Carollo: Forty-five cents ($.45) for payroll. That's your FICA. Mr. Rodriguez: Right. That's a total of seven twenty-five ($7.25) per hour. Mayor Carollo: How about your Workmens' Compensation in here? Mr. Rodriguez: That's included with the insurance cost. Mayor Carollo: OK. That's all your insurance costs in there. Mr. Rodriguez: Right. Correct. Mayor Carollo: Workmens' Compensation and regular liahility insurance. Mr. Rodriguez: Right. Mayor Carollo: OK. Your uniform you're putting fifteen cents ($.15) per hour and your payroll forty-five cents ($.45) per hour. OK. Mr. Rodriguez: Correct. That's total of seven twenty-five ($7.25) per hour. It leaves ninety- five cents ($.95) per hour. Mayor Carollo: OK. Seven twenty-five ($7.25) per hour. Mr. Rodriguez: Right. I Mayor Carollo: OK. Now what happens if you run into overtime, that's not our fault. It's your fault, because of your scheduling problems. i Mr. Rodriguez: If I run into overtime you know, I would pay the time and a half. But I try to keep everybody with just 40 hours a week. Mayor Carollo: OK. What I'd like to have also in the contract, to specify that six dollars ($6.00) per hour is what the individuals will be paid. And at the same time we need something to guarantee the City that the individuals are. That are working for us will be paid six dollars ($6.00) an hour. Before the City will issue payment, we need something to show proof that they're paid six dollars an hour. I think the price that they're charging the City is a very fair price and they're paying the guards six dollars ($6.00) an hour. The profit that they're making, is reasonable. They are cutting it close. Very close. So, I have no problem with what they've offered us. If indeed, they provide that. We just want to stipulate it in the contract. Ms. Carter: No problem. Mayor Carollo: Very good. 149 October 10, 1996 Commissioner Plummer: Am I to assume that all of the people that you propose to work for you are drug tested and do pass a drug test? Mr. Rodriguez: Yes, sir. They all are. Commissioner Plummer: And you'll furnish that on every person that you do provide? Mr. Rodriguez: Yes, we could furnish that. Mayor Carollo: And of course, the contract I'm sure will stipulate that they have all the appropriate licenses. The company and the guards themselves? Ms. Carter: That was part of the bid package. Mayor Carollo: Sure. Very good. Well, thank you very much for coming. f Mr. Rodriguez: Thank you. Thank you, sir. Mayor Carollo: Surely. Good luck to you. Mr. Rodriguez: Thank you. ;! Commissioner Plummer: I'll move it with the stipulations or the amendments so stipulated. t Mayor Carollo: There's a motion. Is there a second? Commissioner Regalado: Second. i Mayor Carollo: Second by Commissioner Regalado. All in favor, signify by saying "aye." The Commission (Collectively): Aye. i i i rd The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-734 A RESOLUTION ACCEPTING THE BID OF INTER-AMERICAN PROTECTIVE SERVICES FOR THE FURNISHING OF SECURITY GUARD SERVICES TO VARIOUS CITY DEPARTMENTS, ON AN AS NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL, (1) YEAR PERIODS, AT A TOTAL ESTIMATED ANNUAL AMOUNT OF $175,000 FOR THE DEPARTMENT OF FINANCE; ALLOCATING FUNDS THEREFOR FROM THE FY '96-97 OPERATING BUDGETS OF THE USING DEPARTMENTS AS NEEDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES AND THEREAFTER TO EXTEND SAID CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICE, TERMS, AND CONDITIONS, STIPULATED ON BID NO. 95-96-1.17, 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 Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 51. ACCEPT BID: SUN CHEVROLET INC., ANGEL BUICK OLDSMOBILE, INC. AND GRAND PRIZE MOTORS, INC. FOR FURNISHING OEM PARTS / REPAIRS FOR DEPARTMENT OF POLICE VEHICLES AND MOTORCYCLES -- ALLOCATE FUNDS ($120,000 PER YEAR FROM FLEET SERVICE CENTER GENERAL OPERATING BUDGET, ACCOUNT NO. 421701-670). Mayor Carollo: OK. We're back to... Commissioner Plummer: Item-50. Mayor Carollo: Yes, 49 was withdrawn. Forty-eight was the last one we did and we're at 50. Commissioner Plummer: Did this go out to other biders? October 10, 1996 Ms. Judy Carter (Chief Procurement Officer): Yes, sir. We mailed out... i Commissioner Plummer: You don't? Ms. Carter:... bids to... Capt. J. Longueria (Police Department): This is item 50? Ms. Carter: Yes, item-50. Fifty-nine, and we received responses. Commissioner Plummer: No, I'm talking about item-50 in particular. Ms. Carter: Yes. Commissioner Plummer: How many bids went out? Ms. Carter: Fifty-nine. J Commissioner Plummer: Fifty-nine? f Ms. Carter: Yes. Commissioner Plummer: And I guess, it's ironic that none of these are in the City of Miami. Ms. Carter: Well... Commissioner Plummer: And we have dealers in the City. Are you telling me then? Captain Longueira: Yes, sir. Ms. Carter: We've spoken to them. Commissioner Plummer: No excuse me. If I may? Ms. Carter: I'm sorry. Commissioner Plummer: I know that Anthony Abraham Chevrolet is in the City of Miami. Capt. Longueira: Sir, they chose not to respond. When they are prepared to respond, this RFQ (Request For Qualifications) allows us to add them to the process at a later date. But at this time, we specifically talked to them. I'd rather not on the record talk about it. But they're not prepared at this time to respond. Commissioner Plummer: Well, seeing as how you're in my office every day for coffee, we'll talk about it tomorrow. Capt. Longueira: Yes, yes. That's fine. And I'll be willing to talk to everyone of the Commissioners. Commissioner Plummer: No, I'm ready to defer it. I want to tell you. Unidentified Speaker: Oh, come on. Capt. Longueira: Commissioner, we need the parts. All I can say, is we're having a problem getting cars in the street. We got officers doubled up. We need to get the cars out. 1 Commissioner Plummer: J.L., what part of the problem - And I agree with you know, where you're coming from - but part of the problem that we were having in the motor pool, the reason why we were backed up so much - and I found that out when I went there personally, myself - was that they had basically no spare parts stored away. So, we were spending; hours and hours, and hours sending people to get spare parts and then vehicles were staying; there for additional days they didn't have to stay there. Commissioner Plummer: What happened to the fact that we were going into a leasing program and also a maintenance bumper to bumper fora two year contract? What happened to that? Capt. Longueira: For those vehicles that have that, we still do that. They're covered under the i warranty. Yes. i Commissioner Plummer: Wouldn't we be smart to think about doing it for all? Capt. Longueira: I believe we do... Ms. Christina Cuervo (Assistant City Manager): We're doing... Going forward on any new purchases. Commissioner Plummer: Well that might... That has nothing to do with right now. My other question is, I see nothing here to buying parts for motorcycles. There is no motorcycle company listed here. So, in other words you're forgetting about them? Capt. Longueira: I don't. I don't believe on... In this particular one we're dealing with car parts. Commissioner Plummer: Sir, it says here. Repair. Furnishing OEM (Original Equipment Manufacturer) Parts and Repairs for vehicles and motorcycles. I didn't know Sun Chevrolet sold motorcycles. Capt. Longueira: Yeah. - Mayor Carollo: Do you want parts for motorcycles? Commissioner Plummer: Right now I need a whole bunch of them. Right. Mayor Carollo: Can you make sure that you... f Commissioner Plummer: Mines is since 1979. t Mayor Carollo: ... that you include in this resolution that you will have sufficient motorcycles available for funeral processions. x Commissioner Plummer: All right. Mr. Mayor, you know. Again, I like to do business with home folks. OK. I really, if you say it's necessary and you are going to come explain it to me + that you can't add more and hopefully they're going to be City vendors. I'll move item-50. Ms. Carter: Yes, sir. r Capt. Longueira: Yes. Ms. Carter: This particular solicitation does allow us to add ... 153 October 10, 1996 Commissioner Plummer: OK. All right. I'm going to eat you alive on the next one. Mayor Carollo: Very good. Thank you. There's a motion. Commissioner Regalado: Mr. Mayor, last year paid half a million dollars for services on... to Anthony Abraham for the Cavaliers and the other cars for the Police Department. So these are not the ones that you're requesting parts for? No, not the 1.00 Cavaliers nor the 160 Caprice? Capt. Longueira: No. Ms. Carter: That's not... Capt. Longueira: I don't believe so sir. Those, that's for the bumper to bumper warranty. Ms. Carter: ... warranty. Commissioner Regalado: Right. Which was half a million dollars ($500,000). Capt. Longueira: Right. Ms. Carter: Yes. Mayor Carollo: How many City vehicles do we have, including trucks, vans, you name it. So that the Commission could get an idea of why we need one hundred and twenty thousand dollars ($120,0000) for this item, for spare parts. Capt. Longueira: I think it's like 14 - 1,500 vehicles. Mayor Carollo: But is... Commissioner Plummer: Oh, Joe. It's got to be... Mayor Carollo: But that's beyond, that be... Commissioner Plummer: It's got to be over 2,000. Capt. Longueira: Two thousand. Commissioner Plummer: Oh, yeah. You got what? You got 1,200 in the Police Department. { Capt. Longueira: Right. Mayor Carollo: Yeah, basically for the Police Department, you're almost there. r Capt. Longueira: Yeah, 2,000. Mayor Carollo: OK. All right. So you all get an idea of why we need the spare parts. At the ! end if we don't have the spare parts, it's going to cost us more in manpower, because people can't go out and do their jobs and do inspections, bring fines, monies from fines from inspections into the City coffers. There's a motion by Commissioner Plummer. Is there a second? t Commissioner Dunn: Second. s 154 October 10, 1996 W Mayor Carollo: Second by Commissioner Dunn. Is there any further discussion? Hearing none, all in favor signify by saying; "aye." The Commission (Collectively): Aye. Mayor Carollo: Captain please make sure that in items like this, you go to the members of the Commission that need further explanation. Capt. Longueira: Prior. Mayor Carollo: And explain it to them before hand. Capt. Longueira: Yes, sir. Mayor Carollo: Thank you. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-735 A RESOLUTION ACCEPTING BIDS FOR THE FURNISHING OF OEM PARTS AND REPAIR FOR VEHICLES AND MOTORCYCLES FROM SUN CHEVROLET, INC., ANGEL BUICK OLDSMOBILE, INC., AND GRAND PRIZE MOTORS, INC., FOR THE DEPARTMENT OF POLICE FLEET SERVICES CENTER, ON AN AS - NEEDED BASIS, AND PROVIDING FOR THE INCLUSION OF ADDITIONAL VENDORS, FOR A ONE (1) YEAR PERIOD WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $120,000; ALLOCATING FUNDS THEREFOR FROM THE FLEET SERVICE CENTER GENERAL OPERATING BUDGET, ACCOUNT NO. 421701-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE, TERMS AND CONDITIONS, 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 Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 155 October 10, 1996 l i r f -- ------------------------------------------------------------------------------------------------------------- 52. ACCEPT BID FROM LOCAL VENDORS: NU -WAY AUTO SERVICE / MOLINA GARAGE / WORLD MOTOR CORP. / CRONY BODY SHOP FOR POLICE VEHICLES, BODY WORI{ REPAIR REFURBISHMENT / PAINTING -- ALLOCATE FUNDS FROM FLEET SERVICE CENTER ACCOUNT 421701-702 -- FURTHER, READVERTISE FOR MORE LOCAL VENDORS -- RETURN BEFORE COMMISSION BY NOVEMBER 21, 1996 WITH ADDITIONAL NAMES. ----------------------------------------------------------------------------------------------------------------- Mayor Carollo: Item 51, a resolution... Commissioner Plummer: Mr. Mayor, on 51, I really am upset about the tact that when this matter came before us on April the 25th of this year, it was Fully, in the minutes here, very clear... Mayor Carollo: Absolutely. i Commissioner Plummer: ... that don't... We told Mr. Longueira, "Don't come back with any companies that don't exist in the City of Miami." And yet, they come back, and let me tell you j what's ironic. They have 13 companies that they're recommending. Three out of the 13 exist in the City of Miami. It's three. OK? Now... I Mayor Carollo: I think at this point, Commissioner, you might want to defer it, if that's the case. Commissioner Plummer: No. What I would like to do, and I'm told by the City Attorney that I can, is that I can approve those three that do exist in the City. And those three are Nu -Way Auto Service, Molina Garage... Wait a minute, I'm sorry, it's four. World Motor Corp. and Crony - an old Crony - Body Shop, right? Body works. And that's what I would like to do at this time. t Ms. Judy Carter (Chief Procurement Officer): Sir, you forgot Tropical Chevrolet. Captain Longueira: No, they're not... Commissioner Plummer: It's not on here. Captain Longueira: Yeah, number 11. Commissioner Plummer: Is that in the City? Huh? Captain Longueira: I don't think they're in the City. I don't... No, they're outside the City. { F s Commissioner Plummer: I don't think it's in the City. Commissioner Dunn: It's right on the line, isn't it? k Vice Mayor Gort: It's just outside of the City. i Commissioner Dunn: Oh, it's right outside. 4' Commissioner Plummer: I think it's right... just a block north. It's a block north, yeah. l i 156 October 10, 1996 y Commissioner Dunn: Oh. 87th is where it's... Commissioner Plummer: And I don't understand how this thing was printed up, and I guess I'm not really going to ask a question, how number 13 was typed in at the last minute. It's obviously different from the rest. Ms. Carter: Yes, we can always... Captain Longueira: This is an RFQ (Request for Qualifications), also, where additional City vendors, if they qualify, could be added to this list, and that's probably what happened to this. Commissioner Plummer: OK. We never saw what the qualifications were, and I'd like to see a copy of those. OK? i Captain Longueira: OK. No problem. Commissioner Plummer: But what I'm saying is, is to go out... approve those four. OK? And to go back out and to readvertise, and hopefully come back with more names. Captain Longueira: They sent... Commissioner Plummer: Because you don't tell me in the backup of how many invitations you sent out. Captain Longueira: Seventy... Ms. Carter: I can share that with you. We sent out 75, and of the 75, we sent to every local vendor in the Yellow Pages. Captain Longueira: There were 33. i Ms. Carter: Thirty-three. + Commissioner Plummer: Well, I can tell you of three vendors who have called me who did not receive it, who do exist in the City of Miami. OK? Ms. Carter: Well, I'm going to ask... I would be more... Commissioner Plummer: I'm not going to give you their names. Ms. Carter: If you'd let me know the names...? Commissioner Plummer: I will not give you the names. All right? r Commissioner Plummer: But I'm telling you, I will go back... Mayor Carollo: They didn't receive it? Commissioner Plummer: I will go back myself, personally, and I will check the Yellow Pages. All right? Ms. Carter: OK. Sure. f f f r 157 October 10, 1996 r r Commissioner Plummer: Now, you know, my problem, also... Let me go a little bit further. When you have a company - and I'm not even going to mention the name. They exist in Hialeah - and you ask them the question of what additional discount they will give you if awarded all the items. And their answer was, "considerable." Now, you know, I can understand five percent, and two percent, and ten percent, but I got a hard thing to go to court and tell the judge, "They want to give me considerable discount." Mr. A. Quinn Jones, III, Esq. (City Attorney): They didn't want to lock themselves in. Commissioner Plummer: And it's in black and white, OK? I can't accept that. Ms. Carter: What I'd like to he able to give you, the copy of the RFQ as it relates to what was the criteria that we used to qualify them. Commissioner Plummer: OK. Look, I'm... If the Mayor is ready, I am ready to move those four names to accept, and we'll funnel all the work that they can do for us immediately, to get those cars back out on the street. And hopefully, by November the 21st, you're going to come back with at least another... names and we'll consider those. Captain Longueira: We have 40 vehicles waiting to go out for repair. Commissioner Plummer: OK. Well, that's ten each right now. Mayor Carollo: Would anybody from the public like to make a statement on this item? I Mr. Dave Miller: My name is Dave Miller. I'm with Nu -Way Auto Service. I haven't received 4 any City vehicles in a while, since the last... i Commissioner Plummer: You're on this list, and you're smart to keep your mouth shut. Mr. Miller: Yes, sir. Thank you. Captain Longueira: I've already talked to Mr. Miller and gave him the person to contact to pursue this item. Commissioner Plummer: All right. I mean, you know. Who is he? Mr. Robert Molina: I'm Robert Molina from Molina Garage. I'm living at 6835 Southwest j 1.12th Street. I working for the City before. I got a plan to keep the work. I'm the vendor for the City of Miami for 3.5 years. Thank you. Vice Mayor Gort: You may get more now. Commissioner Plummer: God bless you. Mr. Molina: Thank you. Commissioner Plummer: Mr. Mayor, I so move. _r Vice Mayor Gort: Second. Mayor Carollo: Anybody else who would like to make a statement? OK. Hearing none, all in favor, signify by saying "aye." 158 October 10, 1996 FA The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-736 A RESOLUTION ACCEPTING BIDS FOR THE FURNISHING OF BODY WORK REPAIR, REFURBISHMENT AND PAINTING OF CITY VEHICLES FOR THE DEPARTMENT OF POLICE, FLEET SERVICES CENTER, FROM NU -WAY AUTO SERVICE, MOLINA GARAGE, INC., WORLD MOTOR CORP., AND CRONY BODY WORKS, INC., ON AN AS -NEEDED BASIS, AND PROVIDING FOR THE INCLUSION OF ADDITIONAL VENDORS, FOR ONE (1) YEAR PERIOD WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL, AMOUNT OF $500,000.00; ALLOCATING FUNDS THEREFOR FROM THE FLEET SERVICE CENTER GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 421701-702; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICES, TERMS AND CONDITIONS, 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: F.30-1,30219 None. Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 53. ACCEPT BID: FLORIDA LEMARK CORPORATION ($66,900) -- FOR WATERPROOFING CITY HALL EXTERIOR, H-1093, -- ALLOCATE FUNDS ($73,008.60 TOTAL COST FROM I PROJECT 311926FINANCE NO. 11337) AS AMENDED ($37,650.60) AND FROM REPAIRS / MAINTENANCE ACCOUNT, CODE NO. 580701-670 ($29,250) AND $6,108.60 TO COVER ESTIMATED EXPENSES FOR $73,008.60 TOTAL COST. Commissioner Plummer: I move .53, which is the last item on the regular agenda. Commissioner Dunn: Second. Commissioner Plummer: With the exception of the appointments. 159 October 10, 1996 ro Mayor Carollo: There's a motion, there's a second by Commissioner Dunn. All in favor signify by saying "aye." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-737 A RESOLUTION ACCEPTING THE BID OF FLORIDA LEMARK CORPORATION, IN THE PROPOSED AMOUNT OF $66,900.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED: "CITY HALL EXTERIOR WATERPROOFING, H- 1093, SECOND BIDDING"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311926, IN THE AMOUNT OF $37,650.00 (CONTRACT COST) AND $6,108.60 (EXPENSES), AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED AND FROM THERE REPAIRS/1MAINTENANCE ACCOUNT, CODE NO. 580701-670, IN THE AMOUNT OF $29,250.00 (CONTRACT COST), FOR AN ESTIMATED TOTAL COST OF $73,008.60; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo i r NAYS: None. ABSENT: Commissioner Tomas Regalado l r 1i ---------------------------------------------------------------------------------------------------------------- 54. NOMINATE INDIVIDUALS FROM WHICH SAID NOMINEES, THE BOARD OF COUNTY COMMISSIONERS WILL SELECT TWO INDIVIDUALS FROM EACH NEIGHBORHOOD TO FEDERAL ENTERPRISE COMMUNITY COUNCIL: ANGEL GONZALEZ, CARLOS RODRIGUEZ- QUESADA, RALPH PACKINGHAM, GRADY MOHAMED, AND JOSH MORALES. ---------------------------------------------------------------------------------------------------------------- (VOTE FOR THE RECORD: Commissioner Dunn left the meetng j at 5:09 p.m. I Mayor Carollo: OK. Let's go back to the appointments. Commissioner Dunn has to leave so I'm going to read his appointments. Before he goes now. Let me ask you this, Mr. City Attorney. Can we read all the appointments at one time, for each Commissioner to different boards, or do they have to be done individually? Mr. Mr. A. Quinn Jones, III (City Attorney): I think that for clarity's sake, they should be done individually. Mayor Carollo: All right, now let me... What? Captain what do you have here now? Capt. Joseph Longuiera (Police Department): This is a pocket... Commissioner Plummer: Well, just for the record a lot of this is brought to me because I am the closest over here. Capt. Longuiera: Yes. Commissioner Plummer: And I've told them all that... Mayor Carollo: Can we send him to the Fire Department, so that we don't get these all the time? Commissioner Plummer: Don't bring... Mayor Carollo: I never see these from the Fire Department. Commissioner Plummer: Mr. Mayor, I've told them don't ever bring them here. That the City Manager has not seen and approved. Ms. Christina Cuervo (Assistant City Manager): Yes, he has seen this. Capt. Longuiera: Yes, he has seen this. We've talked to him. Commissioner Plummer: OK. So I don't see his initials on it. But, I'm going to take his word that he did. Capt. Longuiera: Yes, he has seen it. 161 October 10, 1996 7;_ Ms. Cuervo: Well... Yes, lie wanted the Captain just to make sure we needed him before the next Commission meeting and we do. Commissioner Plummer: OK. All right. Hey. But don't have him accusing me that they're my pocket items. Two point one. Commissioner... You want me to read Dunn's in as we go along. Mayor Carollo: Yeah, why don't you go ahead and do it. You have it there? Commissioner Plummer: All right. Mayor Carollo: Yeah. Good. Commissioner Plummer: Commissioner Dunn has nominated for the Federal Enterprise. Is that 2.1? Yes, the Federal Enterprise, wants Angel Gonzalez from Allapattah Ralph, Packingham from Model Cities, Quesada- Rodriguez from Little Havana, Grady Mohamed from Overtown, and Josh Morales from Wynwood. Those are his... Vice Mayor Gort: Grady Mohamed? Commissioner Plummer: Right. Did you get a copy of this? I'll give you a copy of this when I'm finished with it. Mayor Carollo: You are... Commissioner Plummer: Regalado's. Is he here? Mayor Carollo: We're at two... Commissioner Plummer: Two point one. Mayor Carollo: one? OK. Commissioner Plummer: Is... where's Tomas? Mayor Carollo: I don't have anyone to make. Mr. Walter J. Foeman (City Clerk): Mr. Mayor, excuse me. At the meeting of July, the Commission said that they were going to forward their appointments to the Clerk, the three sitting Commissioners at the time. Mayor Carollo: Are you saying the ones for 2.1? Mr. Foeman: Yes. Two point one we have Commissioner Regalado and Commissioner Dunn's. But the other remaining Commissioners were going to forward that to the Clerk. Mayor Carollo: OK. Well, I don't have my name here so. I understand what you're saying. That's fine. We'll forward it then. You have both Commissioner Regalado's and Commissioner Dunn's. Do we need to approve it here then? Mr. Foeman: Yes. Yes we do. Commissioner Plummer: So moved. Mayor Carollo: So moved. There's a motion. Second by Vice Mayor Gort on 2.1. All in t. favor, signify by saying "aye." 162 October 10, 1996 4 F The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-738 A RESOLUTION NOMINATING TEN INDIVIDUALS TO REPRESENT THE NEIGHBORHOODS OF' ALLAPATTAH, LITTLE HAVANA, MODEL CITY, OVERTOWN AND WYNWOOD, FROM WHICH SAID NOMINEES, ALONG WITH THOSE NOMINEES PROFERRED PURSUANT TO RESOLUTION NO. 96-573 ON JULY 25, 1996, THE BOARD OF COUNTY COMMISSIONERS WILL SELECT TWO INDIVIDUALS FROM EACH NEIGHBORHOOD TO SERVE ON THE FEDERAL ENTERPRISE COMMUNITY COUNCIL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ` Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II Commissioner Tomas Regalado -- ------------------------------•--------------------------------------- 55. APPOINT IVONNE BACARISSE, HERB BAILEY AND ANITA RODRIGUEZ-TEJERA TO AFFORDABLE HOUSING ADVISORY COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OIL. Now we're in 2.2. i Commissioner Plummer: Two point two, Commissioner Dunn wishes to appoint Herb Bailey. 1 Is that a problem with him being a City employee? Mayor Carollo: There might be, I think. I don't know. Mr. Jones: Two point. Two point what? Ms. Cuervo: Two point two. Commissioner Plummer: Two point two. i 4 Mr. Foeman: No Herb Bailey. Excuse me. Commissioner Plummer: Affordable Housing Advisory Committee and he's recommending Herb Bailey. 163 1 Mr. Foeman: Herb Bailey was previously on the committee. Mayor Carollo: OK. And advisory. Commissioner Plummer: So, there's no problem. Mayor Carollo: OK, my appointment... Commissioner Plummer: Wait a minute, Carollo. Mayor Carollo: Yeah, my appointment will be Ivone Bacarisse. She's the FIU (Florida International University) Associate Dean. Vice Mayor Gort: My appointment will be Anita Rodriguez Tejera. Commissioner Plummer: I'll hold mine till later. I'll move the names submitted be accepted. Vice Mayor Gort: Second. Mayor Carollo: OK. There's a motion, there's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-739 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFORDABLE HOUSING ADVISORY COMMITTEE 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. j Vice Mayor Wifredo Gort Mayor Joe Carollo } NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II 164 October 10, 1996 k 4 i i ----------------------------------------------- 56. APPOINT CLIFTON ADDISON TO MIAMI AUDIT ADVISORY COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Two point three. Commissioner Plummer: Commissioner Dunn recommends for the Audit Advisory Committee, Clifton Addison. Mayor Carollo: Clifton Addison. Commissioner Plummer: Carollo and Regalado have other appointments. Mayor Carollo: Who was the appointment that. you had for Mayor Clark before on this committee? Mr. Foeman: Juan Sanchez was the previous appointment. Mayor Carollo: OK. Commissioner Plummer: Joe, you have an appointment ready, or not? Mayor Carollo: I will skip on this one. Commissioner Plummer: I'll move the name submitted by Commissioner Dunn be accepted. Vice Mayor Gort: Second. Mayor Carollo: OK. Is there...? Does Commissioner Dunn have an appointment for this one? Commissioner Plummer: Yes, he appointed. This is 2.3 which is Clifton Addison. We've not voted on it yet. Mayor Carollo: All in favor signify by saying "aye." i The Commission (Collectively): Aye. i 165 October 10, 1996 I 1i The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-740 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II ---------------------------------------------- -- - 57. APPOINT MICHEL LUBIN TO BAYFRONT PARK MANAGEMENT TRUST. ------------------------------------------------------------- --------------- ------------------------------------ i Commissioner Plummer: Two point four. Bayfront Park Management. Commissioner Dunn is the only one who has an appointment and he recommends Michel Lubin. i Vice Mayor Gort: Moved. Commissioner Plummer: L-U-B-I-N. I second the motion. Mayor Carollo: OK. Gort makes the motion, Plummer seconds it. All in favor signify by saying "aye." The Commission (Collectively): Aye. I _-r The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-741 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II ---------------------------------------- ---------------------------------------------------------------- -------- 58. APPOINT RICHARD BERKOWITZ AND VALRIA C. SCREEN TO BUDGET AND FINANCES REVIEW COMMITTEE. Commissioner Plummer: Two point five. Commissioner Dunn recommends for the Budget and Finance Review, Valaria C. Screen. S-C-R-E-E-N. Also Commissioner Carollo and Regalado have appointments. Mayor Carollo: I will be appointing Richard Berkowitz. Commissioner Plummer: Berkowitz? Mayor Carollo: Richard Berkowitz. Commissioner Plummer: OK. And Regalado is not here. I'll move that the names surrounded to be approved. Vice Mayor Gort: Second. Mayor Carollo: There's a motion, there's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. 167 October 10, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-742 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE BUDGET AND FINANCES REVIEW COMMITTEE 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II -- -------------------------------------------------------------------------------------------------------------- 59. APPOINT DOROTHY QUINTANA, COMMISSIONER DUNN, IRBY MCKNIGHT AND CONFIRM ELECTION OF MARIANO CRUZ, FRANKIE S. ROLLE, ELEANOR KLUGER, FERNANDO GONZALEZ, LORENZO JACKSON JR., AND BALAM WELCOME TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. Commissioner Plummer: Two point six. Commissioner Dunn. Citywide Community Development Advisory Board recommends himself as one appointment and Irby McKnight as the second. Mayor Carollo has two appointments and Regalado has one. Mayor Carollo: OK. I will name Dorothy Quintana as one of my appointments. And I'll reserve the other appointment before I make it. Commissioner Plummer: I'll move that the names surrounded be accepted. Vice Mayor Gort: Second. Mr. Foeman: Excuse me, Mr. Mayor. Mayor Carollo: Yes. Mr. Foeman: On this particular item, we had the confirmation of eight target area elections that were held. There were two target areas where one area, I believe it's was Edison Little River, we had a tie vote and the other target area, Wynwood, there was no action taken at all. So, I think the Commission can make appointments... 168 October 10, 1996 Commissioner Plummer: I'll approve the names that have been elected by those CBOs (Community Based Organizations) be approved with the two remaining to be approved later. I so move. Vice Mayor Gort: Second. Mayor Carollo: The motion is second by Vice Mayor Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: i MOTION NO. 96-743 i A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO SERVE AS MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD: , DORO'THY QUINTANA (nominated by Mayor Carollo) COMMISSIONER DUNN AND IRBY MCKNIGHT (nominated by Commissioner Dunn) AND CONFIRMING THE ELECTION OF THE FOLLOWING INDIVIDUALS TO SERVE AS MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD: MARIA O CRUZ (elected to represent the Allapattah area) FRANKIE SHANNON ROLLE (elected to serve the Coconut Grove area). ELEANOR KLUGER (elected to represent Downtown area) FERNANDO GONZALEZ (elected to represent Little Havana area) LORENZO JACKSON, JR. (elected to represent Model City area) BALAM WELCOME (elected to represent Overtown area) j (Note: The essence of Motion 96-743 is more fully contained in R 96-762). Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. i ABSENT: Commissioner Tomas Regalado i Commissioner Richard P. Dunn, II i i ---------------------------------------------------------------------------------------------------------------- f 60. APPOINT FRANKIE ROLLE TO COCONUT GROVE STANDING FESTIVAL COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Two point seven. Commissioner Dunn recommends for the Coconut Grove Standing Festival Committee, Frankie Rolle. Mayor Carollo has an appointment and i f Regalado. 'r. i { 169 October 10, 1996 4 51 Mayor Carollo: Let me hold off on making an appointment until I see what Commissioner Regalado will be doing in that appointment. Commissioner Plummer: I'll move that those names surrendered... Mayor Carollo: So, we'll leave it status quo in the meantime. Vice Mayor Gort: Second. Commissioner Plummer: I'll leave those members that have been proffered be accepted. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-744 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carolllo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 61. APPOINT JEAN WHIPPLE, ANNETT EISENBERG, ROSIE GORDON WALLACE, CLARA PORTER, NILSA VELASQUEZ, MARIE ROSY TOUSSAINT, SONIA YAHR-SCHNEIDA, PAULINE RAMOS, LUISA GARCIA-TOLEDO, POLA REYDBURD, CRYSTAL GRIGGS, NORA SWAN, JANET COOPERT, JANET LAUNCELOT, AND SHEILA ZEMSKY TO COMMISSION ON THE STATUS OF WOMEN. (See label 79) { ---------------------------------------------------------------------------------------------------------------- {` Commissioner Plummer: Two point eight. There is a Commission on... Mayor Carollo: The members of that committee that are there now, stays as is. The ones that were appointed before by myself. Mr. Clerk. i Mr. Foeman: Yes, Mr. Mayor... Commissioner Plummer: Jean Whipple is.... 170 October 10, 1996 ri t. Mayor Carollo: The appointment that I have made before stays as is. Mr. Foeman: OK. Mayor Carollo: OK. All right. Two point eight. Commissioner Plummer: Commissioner Dunn recommends Jean Whipple, Annette Eisenberg, Rosa Lee Gordon -Wallace, Clara Porter, Nilsa Vasquez. Vice Mayor Gort: Velasquez. Commissioner Plummer: Velasquez. Commissioner Plummer recommends Dr. Marie Rosie Toussant and Sonia Yahr-Schneider and Pauline Ramos. C: Vice Mayor Gort: Commissioner Gort is Luisa Garcia Toledo, Pola Reyburd and Crystal Griggs. Commissioner Plummer: You have... Vice Mayor Gort: I have one more that I'll save. Commissioner Plummer: Mayor Carollo, do you have any? Mayor Carollo: OK. My appointments will be Nora Swan, Janet Cooper, Jean Whipple... Did you? Commissioner Plummer: Wait, wait, wait. Dunn did Whipple. Mayor Carollo: OK. He did Whipple. OK. That gives me another one. Sheila Zemsky will be one and Janet Launcelot would be my fourth. Commissioner Plummer: You want to leave your fifth one open) I Mayor Carollo: Let me leave my fifth one open on this one here. Commissioner Plummer: Tomas? Commissioner Regalado: If I may go back to 2.6. 1 just need to. The Citywide Community Development Advisory Board. Commissioner Plummer: Joe, we need to finish this one up before he goes back. Mayor Carollo: Yeah, we need to finish this one up though before you go back. Commissioner Regalado: OK. You're ... Which one you on, sorry? Commissioner Plummer: Two point eight. Vice Mayor Gort: Status... 2.8. Mayor Carollo: Two point eight. Status... 2.8. Commissioner Regalado: OK. No, I will defer that. 171 October 10, 1996 y f Mayor Carollo: OK. All in favor signify by saying "aye" in this one. The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-745 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO SERVE AS MEMBERS ON THE COMMISSION ON THE STATUS OF WOMEN: JEAN WHIPPL E (nominated by Commissioner Dunn) ANNEl rE EISENBERG (nominated by Commissioner Dunn) ROSIE GORDON WALLACE (nominated by Commissioner Dunn) CLARA PORTER (nominated by Commissioner Dunn) NILSA VELASQUEZ (nominated by Commissioner Dunn) MARIE ROSY TOUSSAINT (nominated by Commissioner Plummer) SONIA YAHR-SCHNEIDER (nominated by Commissioner Plummer) PAULINE RAMOS (nominated by Commissioner Plummer) LUISA GARCIA-TOLEDO (nominated by Vice Mayor Gort) POLA REYDBURD (nominated by Vice Mayor Gort) CRYSTAL GRIGGS (nominated by Vice Mayor Gort) NORA SWAN (nominated by Vice Mayor Gort) JANET COOPER (nominated by Mayor Carollo) JANET LAUNCELOT (nominated by Mayor Carollo) SHEILA ZEMSKY (nominated by Mayor Carollo) (Note: the essense of this motion is contained in R 96-763.) Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ---------------------------------------------------------------------------------------------------------------- 62. APPOINT AMANCIO SUAREZ, JOSE PEPE ALVAREZ, MEGAN KELLY, JOHNNY WINTON, CASTELL BRYANT, GREGG BORGOGNONI, JEFF BERCOW, THOMAS POST, ANNETTE EISENBERG, ELEANOR KLUGER, TIM PRUNKA AND MARK SMITH TO DOWNTOWN DEVELOPMENT AUTHORITY. (See label 65) ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Two point 6. Mayor Carollo: OK. Let's just move forward and then we'll go back to the ones you need, Commissioner. 172 October 10, 1996 i t Commissioner Plummer: Oh, OK. Mayor Carollo: Two point nine. Commissioner Plummer: Two point nine. Downtown Development Authority. Commissioner Dunn recommend Castell Bryant and Greg Borgognoni. Commissioner Plummer recommends Jeff Bercow and Tom Post. Mayor Carollo: OK. Commissioner... Commissioner Regalado: We already named two persons at a previous Commission meeting... Commissioner Plummer: That's all you get. Commissioner Regalado: ... for the Downtown Development Authority. Mayor Carollo: Who have you named, if I may ask? j Commissioner Regalado: I think Annette... Mayor Carollo: OK. You named Annette. Vice Mayor Gort: Annette Eisenberg. Mayor Carollo: And who else is the other appointment? Vice Mayor Gort: The representative from the OMNI. Mr. Foeman: I believe it was Eleanor Kluger. ti Commissioner Regalado: Yeah. Which one. OK, OK. Yes, Ms. Kluger, right. Mayor Carollo: OK, you have Ms. Kluger there. Commissioner Regalado: Right, right. Mayor Carollo: OK. So we have Ms. Eisenberg and Ms. Kluger on those two appointments. So I don't know but, Commissioner Dunn's. I think he... Vice Mayor Gort: He's got his. Commissioner Regalado: He's got his. Mayor Carollo: He's got his to go on there... Commissioner Plummer: Yeah, Commissioner Dunn, on DDA (Downtown Development Authority)? Commissioner Regalado: No, because I heard you've mention Annette Eisenberg. I don't know if she can be in two... i Commissioner Plummer: No, Annette Eisenberg he recommended on the Status of Women. t t i 173 October 10, 1996 f Commissioner Regalado: Oh, Oh. OK. Mayor Carollo: OK. I will name then, my original appointment that I had as Commissioner, Amancio Suarez. And I'll also name to this board Pepe Alvarez. Jose Pepe Alvarez. Commissioner Plummer: I'll move that the names proffered... Vice Mayor Gort: Wait a minute. May I make my appointments? Commissioner Plummer: Oh, I'm sorry. Go. Vice Mayor Gort: Thank you, sir. Megan Kelly, Johnny Winton. Then I'd like at large, we have two at large. I would like to recommend Mark Smith and Tim Prunka. These are people that are being serving for... under property... large property owners in Downtown. Commissioner Plummer: Move the names proffered to be accepted. Mayor Carollo: If I could go back to the... Well, let's keep moving forward and then we will go back. Do we have a motion and a second. Vice Mayor Gort: Second. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-746 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO SERVE AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY: AMANCIO SUAREZ (nominated by Mayor Carollo) JOSE PEPE ALVAREZ (nominated by Mayor Carollo) MEGAN KELLY (nominated by Vice Mayor Gort) JOHNNY WINTON (nominated by Vice Mayor Gort) CASTELL BRYANT (nominated by Commissioner Dunn) GREGG BORGOGNONI (nominated by Commissioner Dunn) JEFF BERCOW (nominated by Commissioner Plummer) THOMAS POST (nominated by Commissioner Plummer) ANNETTE EISENBERG (nominated by Commissioner Regalado) ELEANOR KLUGER (nominated by Commissioner Regalado) MARK SMITH (nominated by Commission at -large) TIM PRUNKA (nominated by Commission at -large) (Note: This motion was modified by M-96-749 and later more fully contained in R 96-749.1.) October 10, 1996 - 1i Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ---------------------------------------------------------------------------------------------------------------- 63. APPOINT COMMISSIONER DUNN AS CHAIRPERSON OF BOTH SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY (SOPW / CRA) AND OMNI COMMUNITY r REDEVELOPMENT AGENCY (OMNI / CRA). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. Two... Commissioner Plummer: Two ten. Mayor Carollo: Two ten. Commissioner Plummer: Commissioner Dunn recommends himself for the CRA (Community Redevelopment Agency). Mayor Carollo: There's a motion, there's a second by Commissioner Regalado. All in favor signify... Commissioner Plummer: I would. Excuse me, I would assume that's for both. Mayor Carollo: Of course. Commissioner Plummer: For Southwest, Overtown. Park -West, Overtown. Even thought it S doesn't say it here. Mayor Carollo: Yes. } Commissioner Regalado: Yes. Mayor Carollo: All in favor signify by saying "aye." 1 The Commission (Collectively): Aye. i r i F 175 October 10, 1996, '! 11"*N The following resolution was introduced by Coin inissioner Plummer, who moved its adoption: RESOLUTION NO. 96-747 A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS CHAIRPERSONS OF THE SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY (SOPW / CRA) AND OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (OMNI / CRA) 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 Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ----------------------------------------------------------------------------- ---- - - -- -------------- 64. (A) AMEND 94-313, 95-509 AND 96-402 TO CORRECTLY REFLECT TERMS OF CERTAIN MEMBERS TO HEALTH FACILITIES AUTHORITY. (B) CONFIRM APPOINTMENT OF MIKE DE CARDENAS AS MEMBER OF HEALTH FACILITIES AUTHORITY BOARD. Commissioner Plummer: On 2.12 - wait a minute - 2.11, 2.11, he doesn't have any recommendations on this sheet. Ms. Christina Cuervo (Assistant City Manager: It's a resolution. Two -eleven is a resolution that you need to pass before you do 2.12, I believe. Commissioner Plummer: I'll move 2.11. I'll move that. Commissioner Regalado: I think on the Health Authority, we made the appointment last meeting. Ms. Cuervo: Right, you're correct. Commissioner Regalado: And I think it was passed. Yeah, last meeting. But do you have a quorum now? You do. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) 176 October 10, 1996 [A i Commissioner Regalado: OK, OK, that's fine. Commissioner Plummer: All right. So who... What are we doing here? Ms. Cuervo: Yeah, there's no appointment. You need to pass the resolution. Commissioner Plummer: We're... What are we doing? Ms. Cuervo: This is just a resolution that... I know Miriam knows about this. Mayor Carollo: It's just a resolution, Commissioner. Commissioner Plummer: That does what? } Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah. { Unidentified Speaker: It's a resolution... i Mr. Jones: Go ahead... i Ms. Cuervo: Go ahead. Commissioner Plummer: Don't argue. Unidentified Speaker: It's a housekeeping resolution that just... Excuse me, I'm losing my voice. It puts the terms of the members of the Health Facility Authority at four years, keeping in mind... Commissioner Plummer: So move. So there's no appointments to be made to this item. Unidentified Speaker: Yes, there is a... fill in appointments in that resolution, itself for 1 Commissioner Regalado. It Commissioner Plummer: Oh. OK. Dr. Beber is still there? j i Unidentified Speaker: Yeah. Commissioner Plummer: OK. I'll move the 2.11 to set the terms and conditions of the appointment, and Commissioner Regalado, if you want to mention the name, we'll do it all in one swoop. f Commissioner Regalado: Yes. The appointment that was approved last meeting is Dr. Mike De 1 Cardenas. I remember that I said no relation. f Commissioner Plummer: Move it. Mayor Carollo: I have an appointment to make there, too, don't I? Commissioner Plummer: No. There's only one, he said. Mayor Carollo: There's only one left that was there? Mr. Walter Foeman (City Clerk): There was only one, Mr. Mayor. 177 October 10, 1996 i 1i R Mayor Carollo: OK. All right. The following resolution and motion were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 96-748 A RESOLUTION RELATED TO THE HEALTH FACILITIES AUTHORITY; AMENDING RESOLUTIONS NOS. 94-313, 95-509 AND 96-402 TO CORRECTLY REFLECT THE TERMS OF CERTAIN MEMBERS APPOINTED PURSUANT TO SAID RESOLUTIONS. , (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 96-748.1 A MOTION CONFIRMING THE APPOINTMENT OF MIKE DE CARDENAS AS A i MEMBER OF THE HEALTH FACILITIES AUTHORITY. Upon being seconded by Vice Mayor Gort, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Tomas Regalado NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo j None. Commissioner Richard P. Dunn, II s I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - y I 65. (A) RECONSIDER APPOINTMENT TO DOWNTOWN DEVELOPMENT AUTHORITY. (B) APPOINT AMANCIO SUAREZ, JOSE PEPE ALVAREZ, MEGAN i KELLY, JOHNNY WINTON, CASTELL BRYANT, GREGG BORGOGNONI, JEFF BERCOW, THOMAS POST ANNETTE EISENBERG, ELEANOR KLUGER, MARK SMITH AND TIM PRUNKA TO DOWNTOWN DEVELOPMENT AUTHORITY. -------------------------------------------------------------------- Commissioner Plummer: All right on 2.12. Vice Mayor Gort: Mr. Mayor, before we go to 2.12. I'd like to ask. On the Downtown { Development Authority. The ones at large, I'd like at this just name one if possible, please. Mark Smith and save the other one. i Mayor Carollo: OK. Vice Mayor Gort: All right. I 178 October 10, 1996 "s Mayor Carollo: That's fine. There's a motion by Commissioner Plummer. i Commissioner Plummer: So moved, second. I Commissioner Regalado: Yeah, second. Mayor Carollo: Second by Regalado. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following motion and resolution were introduced by Vice Mayor Gort, who moved their adoption: i MOTION NO, 96-749 A MOTION APPOINTING MARK SMITH TO SERVE AS A MEMBER, APPOINTED AT -LARGE, OF THE DOWNTOWN DEVELOPMENT AUTHORITY f AND DEFERRING THE NOMINATION OF THE SECOND AT -LARGE MEMBER. (Note: The essence of this motion is contained in R 96-749.1.) RESOLUTION NO. 96-749.1 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR TERMS AS DESIGNATED HEREIN. r Upon being seconded by Commissioner Regalado, the motion and resolution were passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II -------------------------------------------------- -------------------------------------------------------------- 66. APPOINT GARY SIPLIN, IBRAHIM MALKI-KAWA, RINGO CAYARD, ANTONIO LLANO MONTES, JOHN GALE AND RICARDO NUNEZ- PORTUONDO TO INTERNATIONAL TRADE BOARD. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK, we're at 2.12. Commissioner Plummer: Two twelve is International Trade. Commissioner Dunn recommends Gary Siplin, Abrahim Marlki-Kawa... Vice Mayor Gort: Kawa. Commissioner Plummer: ... and Ringo Cayard. And Commissioner Carollo has three appointments. 179 October 10, 1996 - k t f F r Mayor Carollo: Which were the three that you named, Commissioner Regalado? Commissioner Regalado: Raul Godoy. If I remember correctly it was Raul Godoy and Mr. Escarra and the other... I have to look for the other appointee. But we've made the appointments already. Mayor Carollo: OK. Let me go ahead. You have one more you'll make.. Let me go ahead and name the ones that I had previously there. I will name Judge John Gale, Ricardo Nunez- Portuondo and Antonio Llano-Montes. Commissioner Plummer: Who was the last one? Mayor Carollo: Llano-Montes. Antonio Llano-Montes. Commissioner Plummer: I'll move the names proffered to be accepted. Commissioner Regalado: Second. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-750 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE INTERNATIONAL TRADE BOARD 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 Regalado, the resolution was passed and adopted by the following vote: f AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: ABSENT: None. Commissioner Richard P. Dunn, II ---------------------------------------------------------------------------------------------------------------- 67. APPOINT LUCRECIA MACHADO, MARIO PESTONIT AND ORLANDO ! NARANJO TO LATIN QUARTER REVIEW BOARD. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Two. Two thirteen. Mayor Carollo: Two thirteen. Commissioner Plummer: Commissioner Dunn for the Latin Quarter Review Board recommends } Mario Pestonit and Orlando Naranjo. Carollo has two and Regalado has two. 180 October 10, 1996 1i Commissioner Regalado: OK. I'm naming Lucrecia Machado. Lucrecia Machado and the other one I will defer. Commissioner Plummer: Defer. Mayor Carollo: I will defer both of mine... Mr. Foeman: Yes. Commissioner Plummer: I move that the names proffered so far be accepted. Mayor Carollo: We're at... Commissioner Plummer: You've got to call roll call on 2.13. Mayor Carollo: I'm sorry. Yeah. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-751 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE LATIN QUARTER REVIEW BOARD 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 Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ---------------------------------- ----------------------------------------------------------------------------- 68. APPOINT EDDY LACASA, MONIQUE TAYLOR AND ROLANDO DELGADO TO NUISANCE ABATEMENT BOARD. --------------------- ------------------------------------------------------------------------------------------ Commissioner Plummer: Two fourteen, Nuisance Abatement. Commissioner Dunn recommends Monique Taylor. There is a spot opened for the Mayor and Regalado. Commissioner Regalado: Is it 2.14, you said. 181 October 10, 1996 Commissioner Plummer: Yes, 2.14. Commissioner Regalado: OK. It's Mr. Rolando Delgada Mayor Carollo: On this particular board, is there a residency requirement? Commissioner Plummer: I don't think so. Mayor Carollo: Is there a residency requirement on this board? Ms. Cuervo: Yes. I think all the boards, right? Mr. Mr. A. Quinn Jones, III (City Attorney): Yeah, see... Yeah, it's all the boards. It's either a resident, own property or have a principal place of business. Ms. Cuervo: Business. Commissioner Plummer: Yeah. Mayor Carollo: OK. So either one. Mr. Jones: Yeah. Commissioner Plummer: Yeah. Mayor Carollo: OK. I will name to this Board, Eddy Lacasa. Mr. Jones: Nuisance Abatement. Commissioner Plummer: Move the names that've been proferred be accepted. Vice Mayor Gort: Second. Mayor Carollo; All in favor, signify by saying "aye." The Commission (Collectively): Aye. i 182 October 10, 1996 VAN r. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-752 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ------------------------------------------- 69. APPOINT CAROLYN SIMMONS DE ZAYAS AND LORI WELDON TO STREET CODESIGNATION REVIEW COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Two fifteen. Commissioner Dunn for the Miami Street Codesignation Review Committee, recommends Lori Weldon. Mayor Carollo: OK. I will name mine, Carolyn Simmons Zayas. Commissioner Plummer: Tomas. Commissioner Regalado: Defer on that one, please. i Commissioner Plummer: I'll move that the names proffered be accepted. i Vice Mayor Gort: Move. Mayor Carollo: Second by Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. i j ri The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-753 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: i AYES: Commissioner Tomas Regalado NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo None. Commissioner Richard P. Dunn, II 70 - APPOINT PEDRO ROIG TO PLANNING ADVISORY BOARD. ---------------------------------------------------------------------------------------------------------------- i Commissioner Plummer: Two sixteen, Commissioner Dunn has no appointment. Vice Mayor Gort: I have Pedro Roig... Mayor Carollo: Two sixteen. It's the... Ms. Christina Cuervo (Assistant City Manager): Planning and Advisory Board. Mr. A. Quinn Jones, III (City Attorney): Planning and Advisory Board. Mayor Carollo: ... members of the Planning and Advisory Board. Commissioner Plummer: Yours is the alternate... Y Mayor Carollo: Did I get the "X" on that one...? Commissioner Plummer: I guess it's the one that's expired. Mayor Carollo: Yeah, you forgot. Commissioner Plummer: The "X" out of the coffee can. Yes. Mayor Carollo: Yeah, you remember that one. j 184 i 1 i i Commissioner Plummer: Yes, yes, yes. No, that was Zoning Board. Mayor Carollo: If it's the Zoning Board, I don't know. But, you know it's... Mr. Foeman: For the record, Mr. Mayor, we only had two applicants for that. For the record we only had two applicants... Commissioner Plummer: Huh? I wish you were my appointment. Oh. Mayor Carollo: Who is the alternate member presently, right now on this board? The one that I will be replacing on the board. Commissioner Plummer•: Yeah, yours is Pedro Roig. Mr. Foeman: It's vacant. It's a vacancy. S Mayor Carollo: There's no one there? i Mr. Foeman: No. Mayor Carollo: OK. �II Commissioner Plummer: Are you going to appoint or are you going to defer? i Mayor Carollo: All right, I leave this one for the following meeting. Commissioner Plummer: I'll move the names submitted by Vice Mayor Gort be accepted. Vice Mayor Gort: Second. Mayor Carollo: There's a motion. There's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. I i i 185 October 10, 1996 { r The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-754 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS A REGULAR MEMBER AND AS AN ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: t AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, 11 - --------------------------------------------------------------- 71. APPOINT DARRYL SHARPTON AND CARLOS DE ZAYAS TO PROPERTY AND ASSET REVIEW COMMITTEE. Commissioner Plummer: Two seventeen. Commissioner Dunn, Property and Asset Review Committee, Darryl Sharpton. I Mayor Carollo: Where's my list? Commissioner Plummer: The Mayor and Tomas each have an appointment. Commissioner Regalado: OK. I will be appointing Carlos de Zayas. Mr. A. Quinn Jones, III (City Attorney): How do you spell de Zayas. Mayor Carollo: OK. I'm going to have to skip on this one. i Commissioner Plummer: Move that the names that have been proffered be accepted. Commissioner Regalado: OK. Mayor Carollo: Hearing no further discussion on this item. All in favor signify by saying "aye." The Commission (Collectively): Aye. 1 186 October 10, 1996 l { 1i The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-755 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE PROPERTY AND ASSET REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, emitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II 72. APPOINT ORVILL DWYER TO TAX -EXEMPT PROPERTY STEERING COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Two eighteen. Commissioner Dunn recommends for the Tax Exempt Property Steering Committee Ovrill Dwyer. Mayor Carollo: OK. Commissioner Regalado, do you have anyone for that? r Commissioner Regalado: No, Mayor. I rather defer that one. Mayor Carollo: There's a motion. Vice Mayor Gort: Second. Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. t t i 1 187 October 10, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 96-756 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE TAX-EXEMPT PROPERTY STEERING COMMITTEE 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo None. Commissioner Richard P. Dunn, II ------------- ---- 73. APPOINT WILLARD HART AND LORETTA ZHOU TONG TO BOARD OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI (TUCOM) -- APPOINT VICE -MAYOR GORT AS CHAIRPERSON. } ---------------------------------------------------------------------------------------------------------------- f Commissioner Plummer: Two nineteen. Commissioner Dunn's recommendation for the Unity Council of Miami, Willard Hart. Mayor Carollo: What is the Unity Council of Miami exactly? Commissioner Plummer: That's Mr. Gort. Mayor Carollo: And how much is it costing us? Vice Mayor Gort: That was created. It's not going to cost us anymore. That was done away. I'm working with the County right now to try to try to put it all together. 1 Mayor Carollo: Right. Vice Mayor Gort: At meetings we had... a few seminars where we brought the different ethnic groups together and we're going to continue to work on that. Mayor Carollo: OK. I will nominate Loretta Zhou Tong. Did Commissioner Dunn have someone for that? Commissioner Plummer: Yes, Commissioner. This is 2.19? i F Mayor Carollo: Right. Vice Mayor Gort: Yes. Commissioner Plummer: He recommended Willard Hart. 't Mayor Carollo: All right. Commissioner Regalado do you have someone? Commissioner Regalado: No, I do not. Mayor Carollo: All right. Mr. Foeman: Excuse me, Mr. Mayor. Commissioner Plummer: Move that the names that have been proffered be accepted. Mr. Foeman: You also have one more appointment. Mayor Carollo: Excuse me? Mr. Foeman: The chairmanship also, is your appointment. Mayor Carollo: OK. I get to name the chair on that. Mr. Foeman: Yes. Mayor Carollo: So I have a second appointment besides the one I have here. All right. Well, Vice Mayor Gort has been the chair of that. So, I think it's only proper that he be the chair. And he's certainly done an excellent job in running it and he has my full confidence. So I'll like to name Vice Mayor Gort to keep chairing it. Commissioner Plummer: Move the name be accepted. r F.. Vice Mayor Gort: Thank you. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. r s i 189 October 10, 1996 f The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-757 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS CHAIRPERSON AND AS MEMBERS OF THE BOARD OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI ("TUCOM") 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ---------------------------------------------------------------------------------------------------------------- 74. APPOINT RICHARD BUNNELL, JAMES WELLINGTON, MIKE BRESCHER, PHIL EVERINGHAM AND BOB LEWIS TO WATERFRONT ADVISORY BOARD. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Two point two oh. Commissioner Dunn recommends for the Waterfront Advisory Board, Mike Breshner and Phil Everingham. Commissioner Plummer recommends Bob Lewis. The Mayor has two. Regalado has one. Mayor Carollo: John Brennan. John who nominated you to the board? Mr. John Brennan: Commissioner Gort. Mayor Carollo: OK. You're still his appointment? Good. Thank you Mr. Brennan: Thank you. Mayor Carollo: I will renominate. Unless Commissioner Regalado is going to rename them. And this is why I have been holding back with some appointments because I don't know on some of my former appointments. Some he's renamed. Some he hasn't. So, I've been waiting for those that he doesn't rename that I name in my present position. Richard Bunnel and James Wellington, did you rename them or not? Commissioner Regalado: No, no. We haven't... Mayor Carollo: OK. I will rename James Wellington and Richard Bunnel as my appointments. Thank you. 190 October 10, 1996 Alms Commissioner Plummer: Tomas. jCommissioner Regalado: Defer on that one. Commissioner Plummer: Move the names proffered be accepted. Vice Mayor Gort: Second. Mayor Carollo: Moved and second by Vice Mayor Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-758 i A RESOLUTION .APPOINTING CERTAIN INDIVIDUALS TO SERVE AS REGULAR MEMBERS OF THE WATERFRONT ADVISORY BOARD 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: i AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. G ABSENT: Commissioner Richard P. Dunn, II i Commissioner Plummer: Two point two one is mine. And I move to defer. j' Mayor Carollo: OK. I I I I ------------------------------- - 75. APPOINT SHIELA ZEMSKY AS ALTERNATE MEMBER TO CODE ENFORCEMENT BOARD. t Commissioner Plummer: Two point two two. Code Enforcement. Commissioner Dunn recommends Sheila Zemsky. And I will defer on my appointment at this time. I Mayor Carollo: All right. Commissioner Plummer: Tomas. Commissioner Regalado: Eh,.., Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 96-759 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS A REGULAR MEMBER AND AS AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD 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 Vice Mayor Gort, the resolution was passed and adopted by the I following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II I 192 October 10, 1996 I t j 76. �w(A) APPOINT MIGUEL SECO, KENNETH MERKER, JOSEPH RICHARDS AND RAUL RODRIGUEZ TO HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD; [AG2.23,96-760.1] FURTHER PROFFERING NAMES OF DOROTHY FIELDS AND CLYDE KILLENS FOR APPOINTMENT SUBJECT TO RECEIPT OF APPLICATION. (B) WAIVE RESIDENCY REQUIREMENT FOR RAUL RODRIGUEZ. --------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Two point two three. Commissioner Dunn on a Historic Environmental Preservation Board recommends Dorothy Fields and Clyde Killan. Vice Mayor Gort: You're too late. Commissioner Plummer: Why? What? Mayor Carollo: I'm going to defer with mine here. Commissioner Plummer: Commissioner Plummer will recommend Joseph Richards and Raul Rodriguez. Vice Mayor Gort: I'll recommend Miguel Seco and Kenneth Mecker. { Commissioner Regalado: I will defer that, J.L. i Commissioner Plummer: All right. Move that the names be proffered be accepted. Vice Mayor Gort: Second. f i Mayor Carollo: All in favor, signify by saying "aye." { The Commission (Collectively): Aye. i j 193 October 10, 1996 The following resolution and motion were introduced by Commissioner Plummer, who moved i their adoption: RESOLUTION NO. 96-760 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 96-760.1. A MOTION PROFERRING THE NAMES OF DOROTHY FIELDS (RESTORATION ARCHITECT / ARCHITECTURAL HISTORIAN) AND CLYDE KILLAN (CITIZEN CATEGORY) TO BE CONSIDERED AMONG THE APPLOICANTS FOR APPOINTMENT TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, SUBJECT TO RECEIPT OF APPLICATION. Upon being seconded by Vice Mayor Gort, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II Mayor Carollo: Ma'am, I'm sorry. Can... Commissioner Plummer: According to this, I think that on the remaining portion of this list that he has here, Joe. He's already appointed to the Sports Authority, Danny Couch. Mayor Carollo: Yeah. That, he has yeah. Commissioner Plummer: And a review committee to evaluate proposals for RFP (Request For Proposals) for the FireHouse, Manny Alonso Poch. P-O-C-H. And I don't know what number that is. Is there a number to it? Mayor Carollo: I'm not sure either, what number that's in the agenda. But, hold on for a minute. Ma'am. Ms. Mary Thornbach: I'm here on the Historic Environmental Preservation Board. I am Mary Thornbach and I live at 655 Northeast 55th Terrace... Mayor Carollo: Yes, ma'am. Ms. Thornbach: ... for 28 years. I object to Steve Polakoff being appointed to the board. 194 October 10, 1996 Commissioner Plummer: Was he appointed? Ms. Thornbach: He was nominated. Commissioner Plummer: Who nominated him? Ms. Thorbach: I don't know. That's why. I didn't hear it this afternoon. Commissioner Plummer: Mr. Clerk. I didn't hear that name. Mayor Carollo: I didn't hear that either. Mr. Walter J. Foeman (City Clerk): No. I think what happened. And this is the administration's item but, we received applications. He may have been one of the applicants that... I don't think you proffered his name in the nominations. Commissioner Plummer: Well, I think lie's there now. Is it not, that they were thinking he was going to be reappointed? Mr. Foeman: No. Ms. Thornbach: He's not there now. Commissioner Plummer: He's not there now. Ms. Christina Cuervo (Assistant City Manager): These are... There are applicants to serve on this board. He is one of the applicants. Commissioner Plummer: He's just an applicant, ma'am. Ms. Cuervo: He's just an applicant. He wasn't... Commissioner Plummer: He was not appointed. Ms. Thornbach: He's not going to be appointed. Commissioner Plummer: Well, let's see. Is there any openings that weren't filled? Ms. Cuervo: Yes. I believe. I don't believe you've made all of the appointments on that board. Commissioner Plummer: I made my two. Ms. Cuervo: It's up to the Commission. Commissioner Plummer: That was which one? Mr. Foeman: That was 2.23. Commissioner Plummer: Two point two three. Yeah, my... Mayor Carollo: I have not made mine. And I don't know the gentleman, so. Vice Mayor Gort: What's the gentleman's name? 195 Ms. Thornbach: Steve Polakoff. Mayer Carollo: Steve Polakoff. Ms. Thornbach: He went before the Commission and Mr. Gort recently attended a meeting that we had in the Morningside area. Since moving into the area, Mr. Polakoff thinks that the rules that apply to the rest of us do not apply to him. And he applied. He has applied for variances. And I think the person that sits on the board should really say the rules apply to me too. You know, that he's not above the rest of us. l Vice Mayor Gort: He hasn't been nominated. Ms. Thornbach: All right. I hope that, that's the way it stays. That he is not nominated. Because he has caused much unhappiness in the Morningside Community. And I think with the condition the City is in right now, you should look for people with high ethical standards who will adhere to the rules, when you appoint them to the Board. Mayor Carollo: Thank you for your statements ma'am and your time here. Ms. Thornbach: Thank you. Commissioner Plummer: On my second appointment, Mr. Raul Rodriguez. A well -know architect, I am told we need a waiver and I would so move at this time. Mayor Carollo: All right. There's a motion. There's a second by Vice Mayor Gort. All in favor signify by saying "aye." i The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-761 A MOTION TO WAIVE THE RESIDENCY REQUIREMENT FOR RAUL RODRIGUEZ TO SERVE AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. i Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: ti AYES: Commissioner Tomas Regalado I Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II i , i i 196 October 10, 1996 ti ---------------------------------------------------------------------------------------------------------------- 77. DISCUSS BRIEFLY APPOINTMENTS TO REVIEW COMMITTEE TO EVALUATE / RANK REQUESTS FOR PROPOSALS (RFP) FOR RESTAURANT AT 1000 SOUTH MIAMI AVENUE (FORMERLY FIRE HOUSE 4) --(See label 37 and 80) ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Now, I'm finding 31-A, is the area of this last thing that Commissioner Dunn spoke of. Vice Mayor Gort: That's the. Commissioner Plummer: Thirty-one. Ms. Christina Cuervo (Assistant City Manager): Those are the appointments to the Fire House for review. Commissioner Plummer: That's a review committee for the Fire House 4. And that's where Commissioner Dunn recommended Manny Alonso Poch. P-O-C-H. Mayor Carollo: Manny Alonso Poch. Commissioner Plummer: OK. And I'll hold my appointment, as I've said. And give it to the Clerk tomorrow. Vice Mayor Gort: I nominate Loreta Cochrin. Commissioner Regalado: Can we go back one to...? I missed one. Mayor Carollo: OK. Let's move on quickly, gentlemen, so we can end this. I have three affairs to go to tonight. And I'll be lucky if I'm done by twelve, so. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 78. APPOINT PRESIDIANO FALCON TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. (See label 59) ---------------------------------------------------------------------------------------------------------------- Commissioner Regalado: The only one I missed is 2.6. Mayor Carollo: What is 2.6? Commissioner Plummer: Two point six was the Citywide Community Development Advisory Board. Vice Mayor Gort: Excuse me. Excuse me. Commissioner Regalado: Community Development Advisory. 197 October 10, 1996 N Mayor Carollo: Well go ahead, if whoever you like appoint them. We'll move ahead. Commissioner Regalado: OK. Presidiano Falcon. Mayor Carollo: OK. Presidiano Falcon. There's a motion. Second by Vice Mayor Gort. All i favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 96-762 A RESOLUTION APPOINTING AND CONFIRMING THE ELECTION OF CERTAIIS INDIVIDUALS TO SERVE AS MEMBERS OF THE CITYWIDE COMMUNITS DEVELOPMENT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the Cit Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by th following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ------------------------------------------------------------------------------------------------------- 79. APPOINT SALLY JUDE TO COMMISSION ON THE STATUS OF WOMEN -- SEE LABEL 61. Vice Mayor Gort: We didn't vote on the last one? Commissioner Plummer: What's the last one? Vice Mayor Gort: The South Miami Avenue, the Review Committee. Commissioner Plummer: Yes, we did. Mayor Carollo: OK. Commissioner Plummer: I've. Manny Alonso Poch was one. Vice Mayor Gort: Did we vote on that? 198 October 10, 1996 n Mayor Carollo: No. OK. Commissioner Plummer: And I said, I would surrender mine. Mayor Carollo: On... Commissioner Plummer: Oh, we didn't vote on it. Mr. Foeman: We didn't vote on it. We need a roll call. Commissioner Plummer: I'm sorry. I'm sorry. Mayor Carollo: On 2.8, the Status of Women. My last appointment I'lI name Sally Jude. Commissioner Plummer: Very good. Mayor Carollo: There's a motion from myself. Commissioner Plummer: Move it. Mayor Carollo: Commissioner Plummer seconds it. Vice Mayor Gort, can you call the roll. Vice Mayor Gort: All in favor signify by saying "aye" The Commission (Collectively): Aye. The following resolution was introduced by Mayor Carollo, who moved its adoption: RESOLUTION NO. 96-763 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. 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 Tomas Regalado Commissioner J.L. Plummer, Jr. i Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II 199 October 10, 1996 i ---------------------------------------------------------------------------------------------------------------- 80. (A) APPOINT MANNY ALONSO POCH AND LORETA COCHRAN TO REVIEW COMMITTEE TO EVALUATE REQUEST FOR PROPOSALS (RFP) -- FOR LEASE / MANAGEMENT / OPERATION OF A RESTAURANT AT 1000 SOUTH MIAMI AVENUE (FORMERLY KNOWN AS FIRE HOUSE 4). (See labels 37 and 77) (B) COMMISSION TO SUBMIT NAMES TO CLERK OF APPOINTMENTS TO INSURANCE BROKER SELECTION REVIEW COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: We need to vote now, Mr. Mayor, on the Review Committee. Commissioner Plummer: Which one? t Vice Mayor Gort: Review Committee. Mr. Foeman: Thirty-one A. Vice Mayor Gort: Thirty-one A. Commissioner Plummer: That's the one we just talked about. Mayor Carollo: WeII. Which Review Committee are we talking about now? Commissioner Plummer: All right. Ms. Christina Cuervo (Assistant City Manager): Yeah, the Fire House 4, 31-A. Mayor Carollo: The review committee for Fire House. Vice Mayor Gort: Right. Commissioner Plummer: I'll surrender mine tomorrow. Mayor Carollo: OK. He'll surrender his tomorrow. So would I. Now, in as far as, Merryl Stevens here, we can submit the names... Ms. Cuervo: Right. Mayor Carollo: ... tomorrow also. Ms. Cuervo: Yeah. And initial their names. There is a Iist of names that were submitted to you. You initial them and return them to myself or to... Mayor Carollo: OK. How about that other committee that we had. I think, was it three that we're looking at, the one for the insurance? Commissioner Plummer: Yes, it's number three on the regular agenda. Mayor Carollo: We'll be submitting that also. Was that agreed? Or do we have to deal with that? Ms. Cuervo: Does that have to be on the record to... Mayor Carollo: Can we just submit the names tomorrow for that one? Ms. Cuervo: Just submit... Mayor Carollo: OK. Commissioner Plummer: Well, I've already submitted my name, which is Ron Williams, who was formerly the chairman and has accepted to do it again. Mayor Carollo: All right. I'll be submitting my name on that one tomorrow. ' Ms. Cuervo: OK. Commissioner Plummer: Are we ready for pockets? Vice Mayor Gort: No, we have to vote on the last one. We have not voted yet. Commissioner Plummer: OK. Mayor Carollo: Remind me, remind me. Excuse me. Mr. Mr. A. Quinn Jones, III (City Attorney): What 2.8 or 31 A? Ms. Cuervo: 31-A. Mr. Jones: 31-A. Commissioner Plummer: Which one is he talking about? Vice Mayor Gort: 31-A. Mr. Jones: 31-A. Commissioner Plummer: 31-A. All right. Vice Mayor Gort: I Move it. Commissioner Plummer: Second. Mayor Carollo: A motion, second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 201 �i The following resolution and motion were introduced by Vice Mayor Gort, who moved their adoption: RESOLUTION NO. 96-764 A RESOLUTION APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE AND RANK PROPOSALS IN RESPONSE TO THE REQUEST FOR PROPOSALS ("RFP") ISSUED BY THE CITY OF MIAMI ON JULY 25, 1996, FOR THE LEASE, MANAGEMENT AND OPERATION OF A RESTAURANT, LOCATED ON CITY -OWNED PROPERTY AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 96-764.1 A MOTION STIPULATING EACH MEMBER OF THE COMMISSION WILL SUBMIT A NAME IN WRITING TO THE CLERK MAKING APPOINTMENTS TO THE INSURANCE BROKER SELECTION COMMITTEE. Upon being seconded by Commissioner Plummer, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ------------------------ --------------------------------------------------------------------------------------- 81. AUTHORIZE CITY MANAGER TO ACCEPT MONTHLY PAYMENTS NOT TO EXCEED $36,000 FOR A THREE MONTH PERIOD FROM MIAMI CENTENNIAL '96 -- FOR REIMBURSEMENT FOR SALARIES / BENEFITS OF ASSIGNED CITY EMPLOYEES. I Commissioner Plummer: Are you ready for pockets, Mr. Mayor? Mayor Carollo: I am. Go ahead. Commissioner Plummer: "A resolution attached, the City Manager to accept monthly payments for a three month period, October 1, 1996 to December 31st, in the amount not to exceed thirty- six thousand ($36,000) for said period from Miami Centennial '96, Inc. Is reimbursement for salaries and benefits for the City of Miami's employees currently assigned to City of Miami Centennial Office. Further authorizing the City Manager to execute any necessary documents in a form acceptable to the City Attorney for acceptance of said funds." What this basically is to my colleagues. This is money that was left over from the monies we generated and this is going 202 October 10, 1996 f l i i to pay the salaries which the City had originally agreed to, to pay in kind. We're now giving money back, so that the salaries can be paid from the excess funds that we've been able to salvage. I so move. Mayor Carollo: There's a motion. Is there as second? Vice Mayor Gort: Second. Mayor Carollo: Second by Vice Mayor Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-765 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ACCEPT MONTHLY PAYMENTS FOR A THREE-MONTH PERIOD (OCTOBER 1, 1996 TO DECEMBER 31, 1996), IN AN AMOUNT NOT TO EXCEED A TOTAL OF $36,000 FOR SAID PERIOD, FROM MIAMI CENTENNIAL '96, INC., AS REIMBURSEMENT FOR SALARIES AND BENEFITS OF CITY OF MIAMI EMPLOYEES CURRENTLY ASSIGNED TO THE MIAMI CENTENNIAL OFFICE; FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II ---------------------------------------------------------------------------------------------------------------- 82. AUTHORIZE EXTENSION OF CONTRACT WITH MARTIN'S LAMAR UNIFORM -- FOR POLICE DEPARTMENT -- FOR $50,000. Commissioner Plummer: A resolution authorizing the City Manager to extend the contract in a form acceptable to the City Attorneys in the same price, terms and conditions with Martin Lamar Uniforms for the provision of police uniforms and leather goods for a four month period beginning on October 1, 1996 and ending on January 31, 1997. Allocating funds therefore in amount not to exceed fifty thousand ($50,000) from the Police Department general operating budget. Index Code number 290201-075. 1 so move. 203 October 10, 1996 Vice Mayor Gort: Second. Commissioner Plummer: This comes with the approval of the City Manager. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-766 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND TI CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND i THE SAME PRICE, TERMS AND CONDITIONS, WITH MARTIN'S LAM/ UNIFORMS, FOR THE PROVISION OF POLICE UNIFORMS AND LEATHI GOODS FOR A PERIOD OF FOUR (4) MONTHS, BEGINNING ON OCTOBER 1996 AND ENDING JANUARY 31, 1997; ALLOCATING FUNDS THEREFOR, AN AMOUNT NOT TO EXCEED $50,000 FROM THE POLICE DEPARTMEP GENERAL OPERATING BUDGET, INDEX CODE 290201-075. (Here follows body of resolution, omitted here and on file in the Office of the C Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort IMayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II i ---------------------------------------------------------------------------------------------------------------- i° 83. DENIED REQUEST BY SOUTH RIDGE HIGH SCHOOL (SRHS) FOR REDUCED FEES AT THE ORANGE BOWL FOR SRHS FOOTBALL GAME. -----------------------------------------------••---------------------------------------------------------------- Mayor Carollo: OK. Any other pocket items. ity the Vice Mayor Gort: Yes, sir. I got one that comes from the... Ms. Christina Abrams, Director of Conference and Conventions Public Facilities has requested that I bring up this pocket item. It is for the approval of fee reduction of the Southridge High School Football game at the Orange Bowl Stadium. Ms. Abrams has explained that the estimated revenue for this event is sixteen thousand dollars ($16,000). She also added that the organizers requested a two thousand dollars ($2,000) reduced fee. In turn, the organizer would pay all game days expenses estimated to be fourteen thousand dollars ($14,000). I'll ask Ms. Abrams to further explain. 204 October 10, 1996 Commissioner Plummer: These numbers just don't hold water. We'll I've got your numbers here, but they just don't hold water. Mayor Carollo: Yeah. Vice Mayor Gort: Now, you know if Commissioner Gort thinks it's a... The only question I have, these numbers don't hold water, OK. No way shape and form. Mayor Carollo: Yeah. Commissioner Plummer: Twenty thousand people, less than a dollar a person. No. Mayor Carollo: I ah... Ms. Christina Abrams (Director, Conferences, Conventions, Public Facilities): If I can clarify that? Commissioner Plummer: My question is. Is there a game immediately following the next night? Or that weekend? We saw what happened this weekend at the, what's it now called? Pro Player Stadium. That field was completely torn up. And I'm concerned whether or not there is in fact, a university game the following night? Ms. Abrams: I knew that... Commissioner Plummer: This is a Friday. And I'm sure, November 8th. I sure would like to know that, that field for a University of Miami game, of which we have contractual agreements is going to be in good shape. Ms. Abrams: If I... Mayor Carollo: Who are they playing, if I may ask? Ms. Abrams: It's a high school football game. It's Southridge High School versus Killian High School. Commissioner Plummer: No, that's not... Mayor Carollo: OK. Southridge against Killian. Ms. Abrams: Yes. And all they're asking is for a reduction in the use fee, rather than the five thousand dollar ($5,000) minimum, or five percent. They're asking for two thousand ($2,000). Now, they are going to pay the ticket surcharge. They're going to pay all expenses. Commissioner Plummer: What? Mayor Carollo: Christina, I'm sorry. You know we've established I think, some pretty clear ground rules for everybody. We are not waiving any fees, we're not going to reduce fees. If this is a case where it was a contract that they were going to be playing every year, for several games a year, it would be something different that we could negotiate. Ms. Abrams: Fine. Mayor Carollo: But as far as fee reductions, we can't afford to do that. M1 Ms.. Abrams: All right. Mayor Carollo: And if we start giving them for this, before you know it, we are going to be giving in for some other things and then we're... I Ms. Abrams: Mayor Carollo, if I could just same something to clarify. A lot of times we negotiate different rates depending on the event if we feel we can get the revenue in concessions or parking. Mayor Carollo: I understand. Ms. Abrams: I mean we're willing to waive the rent of five thousand dollars ($5,000) if we're going to get 50,000 people and make concessions of seventy ($70,000), eighty ($80,000), ninety thousand ($90,000). So we want to have the flexibility to negotiate. Mayor Carollo: Yeah, but the problem here is, Christina, that this is these numbers that we're ' getting are based upon them bringing so many people. Commissioner Plummer: Twenty thousand. Ms. Abrams: Ten thousand. Mayor Carollo: Now, what happens is, if they don't bring so many people, and I doubt it. I doubt it very much if they'll bring 20,000. They still going to get their two thousand dollars ($2,000) and we're left holding the bag. You know they still get two thousand dollars ($2,000) reduction and we're left holding the back, that we don't get all that was promised. Ms. Abrams: OK, no. They have to pay two thousand dollars ($2,000) use fee. That they have to pay. Mayor Carollo: Well. Commissioner Plummer: Yeah, but Christina. l Ms. Abrams: So rather than four thousand ($4,000). They're paying us two thousand ($2,000) Commissioner Plummer: Christina. If there's 20,000 people and each person expects to pay three dollars ($3) for the concessions. We get 41.2% of the concessions. That is not ninety-eight j hundred dollars ($9,800). It's got to be more. Ms. Abrams: No, it's the... The projected revenue is sixteen thousand eight hundred ($16,800). You're looking at the one early this morning. Commissioner Plummer: Well, look. If it was Miami High, Jackson, Edison, Northwestern, or a jMiami City limit school, I think, I'd think differently. One of the reasons we spent - what was it? Five million dollars ($5,000,000) in redoing Curtis Park was to give High Schools a place to play where it wasn't so damn expensive for them to have to come up with all of the money. And you know, these two schools exist in the County, and I'm not trying to put them down. They got a playing field at Tropical Park... r ` Ms. Abrams: Right. Commissioner Plummer: ... and they've got other playing fields. And my concern is, is that L Orange Bowl looks good for university games and especially if they might be on television. I' f 206 October 10, 1996 E 1 Because boy, I'll tell you. The last Dolphin game, they got a lot of work to do to get that one back in... Ms. Abrams: All right, Commissioner. Thank you for bringing it up. jMayor Carollo: Thank you Christina. ---------------------------------------------------------------------------------------------------------------- 84. APPOINT MIRIAM MAER AS GENERAL COUNSEL FOR MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA). Mayor Carollo: Any other pocket items? I have two. They are house-cleaning pocket items. One pocket item is to accept Miriam Maer as the City Attorney's designee to serve as the general counsel for the Miami Sports and Exhibition Authority. Commissioner Plummer: You could not do better, and I so move. Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I may, can I please... Mayor Carollo: There's a motion. Yes. Mr. Jones: If I can modify that to make the City Attorney's Office as counsel to MSEA (Miami Sports and Exhibition Authority). Commissioner Plummer: I'm not going to buy that. Mr. Jones: Well, I mean, I'm saying in the event that there is someone who leaves or whatever else, then you'd have to come back. Mayor Carollo: Well, then, we'll bring the other person back. Commissioner Plummer: 1 so move. Mayor Carollo: OK. There's a motion by Commissioner Plummer... Commissioner Regalado: Second. Mayor Carollo: ...Accepting Miriam Maer from the City Attorney's Office as their designee to serve as general counsel for MSEA. Commissioner Plummer: I would hope, in all honesty, that the Sports Authority would definitely be compensating the City Attorney's Office for the designated time that she does spend for the Sports Authority. Mayor Carollo: OK. Commissioner, we're hoping that we can reimburse the City in a lot more than that. Commissioner Plummer: I hear you. But in particular... Mayor Carollo: And tomorrow, we're having a major meeting with the County to look over the Sports Authority as one area where we could get additional dollars from. 207 October 10, 1996 9 Commissioner Plummer: I hear you. Mayor Carollo: There's a motion and there's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-767 A RESOLUTION(Pending the Law Department.) ) f (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II - ------------------------------------------------------------------------ 85. APPOINT KENDALL COFFEY AS OUTSIDE COUNSEL FOR MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Now, this is another one for the Sports Authority. "A resolution accepting Kendall Coffey to serve as the outside counsel to handle all litigation for the Miami Sports and Exhibition Authority for outside litigation." This has to do with the lawsuits that the Sports Authority is presently defending, or has made. Vice Mayor Gort: So move. i 208 October 10, 1996 1 Commissioner Plummer: Excuse, me. That's ratification of course, and I have no problem. T only question I'm asking is. Is there a number, a dollar sign been attached to it, not to excee which is the norm? Mayor Carollo: No, Commissioner. Not on this. It's impossible to attach number signs to And this is monies that are coming from the Sport Authority but I assure you that it's going to extremely reasonable. Mr. Mr. A. Quinn Jones, III (City Attorney): There are three separate cases pending right now. Commissioner Plummer: OK. OK, usually when an outside counsel comes, it's so much hour. And it's usually a designated, not to exceed. Mayor Carollo: Well the hourly rate is one hundred and seventy-five ($175) standard. But it not going to be with the clock running. Commissioner Plummer: Can you give me? Mayor Carollo: Like it's ran some additional times. Commissioner Plummer: Joe can you give me a rough idea? Are you talking about twenty-fi thousand ($25,000), forty ($40,000)? Mayor Carollo: J.L., I cannot. There is really four cases going on. I cannot give you an amou But again, I think we're losing track of the situation. These are Sports Authority Funds that a not City of Miami funds. So I don't want anyone to confuse that issue at all. Commissioner Plummer: I'm not confusing the issue. I just always have a problem with writi a blank check without knowing the max. Mayor Carollo: But on this one, you're not writing a check. Is what I'm saying. Commissioner Plummer: Well, I'm asked to vote on it. Mayor Carollo: Listen, talk to your son-in-law. Find out from him. You know, we just need t approval and whatever he tells you is fine with me. Commissioner Plummer: We'll be so informed, I assured. Vice Mayor Gort: Move it. Mayor Carollo: Thank you. There's a motion, there's a second. All in favor signify by sayi 11aye .11 The Commission (Collectively): Aye. 209 he Per d, it. be s ve nt. re ng he ng October 10, 1996 [i The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-768 l A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: ABSENT: None, Commissioner Richard P. Dunn, II -- ------------------------------------------------------------------------------------------------------- 86. PLUMMER BIDS FAREWELL TO CHRISTINA CUERVO-MIGOYA ON HER DEPARTURE FROM CITY. Mayor Carollo: OK. Any further pocket items, Christina? Commissioner Plummer: The only one that I would like to bring up Mr. Mayor. I don't think we can let the day go by without saying to Christina. We're going to miss her. That she's going to be doing, still work in Dade County. And that it has been my pleasure, and I'm sure I speak for the rest of this Commission that all she has done for this City and continues to do, and will do in the future. That we're thankful, we're grateful and we wish you the very, very best. Ms. Christina Cuervo (Assistant City Manager): Thank you. Thank you, very much. (APPLAUSE) October 10, 1996 Vice Mayor Gort: I'd like to add that I'm sure that she's going to be looking for the City and all those business she's going to bring from the outside. You're going to look at the Downtown, the Little Havana and the Wynwood and all that area. Mayor Carollo: This meeting is adjourned. Thank you, and good luck to you Christina ---------------------------------------------------------------------------------------------------------------- 87. GRANT REQUEST WITH CONDITIONS TO CARIBBEAN CARNIVAL ASSOCIATION -- FOR PARKING ON WATSON ISLAND ON OCTOBER 13, 1996 FOR FESTIVAL-- $1,500. ---------------------------------------------------------------------------------------------------------------- Ms. Cuervo: No. We have one item. I'm sorry. Mayor Carollo: Before the meeting is adjourned, one last item. Ms. Cuervo: I'm sorry. And this is an item that just came to the Parks Director from Commissioner Ferguson at the County and they would like to use Watson Island for parking on Sunday for the Caribbean Carnival Association. Wet set a use fee of fifteen hundred dollars ($1,500), plus expenses. This typically always comes to the Commission, since it's Watson Island. And this is always, you know a point of contention. Mayor Carollo: Where are tile), going to be holding that at? Mr. Albert Ruder: I think the event is being held in Miami Beach but they need a parking area. And the Watson Island is the closest one. Commissioner Plummer: Is this the one that we turned down today? Mayor Carollo: No, no. Mr. Ruder: I'm not sure if it's the same one. This is just for. They're willing to pay a fee. They're going to pay fifteen hundred dollars ($1,500) per day. Mayor Carollo: OK. If they're willing to pay a fee. Mr. Ruder: Fifteen ($1,500) plus expenses. Mayor Carollo: Yeah. Commissioner Plummer: They're going to pay a fee. They're going to pay insurance? Mr. Ruder: Sure. Commissioner Plummer: They're going to pay for security? Mr. Ruder: Sure. Commissioner Plummer: Adequate security? Mr. Ruder: Sure, OK. October 10, 1996 Commissioner Plummer: Now, make sure. Don't say sure because they've been having a lot of problems over there, with cars being broken into. (INAUDIBLE BACKGROUND COMMENT) Commissioner Plummer: And they're going to come against us. Mr. Ruder: OK. Commissioner Plummer: So make sure there's adequate security, adequate liability insurance... Mr. Ruder: OK. Commissioner Plummer: ... and you also make them pay for the policeman out on the Boulevard to get the traffic in and out. With that I'll vote for it. Vice Mayor Gort: Second, Mayor Carollo: Any other further stipulations or comments? Commissioner Plummer: It's a bargain. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-769 A RESOLUTION RELATED TO THE CARIBBEAN FESTIVAL TO BE CONDUCTED BY THE CARIBBEAN CARNIVAL ASSOCIATION ON OCTOBER 13, 1996; AUTHORIZING THE USE OF WATSON ISLAND FOR PARKING FOR SAID EVENT; SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (1) PAYING THE AMOUNT OF $1,500 FOR THE USE OF SAID FACILITY FOR SAID PURPOSE; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; 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.) 212 Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner. I.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II i ---------------------------------------------------------------------------------------------------------------- 88. CHANGE MEETING TIME OF REGULAR COMMISSION MEETING OF OCTOBER 24, 1996 TO BEGIN AT 9:00 A.M. -- SCHEDULE PLANNING AND ZONING TO BEGIN AT 2:00 P.M. -- MAYOR CAROLLO DIRECTS ADMINISTATION TO MEET WITH COMMISSIONERS INDIVIDUALLY TO REVIEW VIRGINIA KEY PARK ISSUES. ---------------------------------------------------------------------------------------------------------------- Ms. Cuervo: We need to set a start time for the regular agenda on October 24th. The Planning and Zoning agenda is starting at 2:00 p.m. But in light of the fact that we've deferred many items. We also have the Virginia Key item and we are going to have the Badminster item, I understand so... Mayor Carollo: Well you better leave sufficient time for the Virginia Key. You better put at least... Ms. Cuervo: I recommend that we start at nine. Mayor Carollo: ... an hour. Bedminister at least an hour, if not more. Ms. Cuervo: I recommend that we start at nine that morning. The Planning and Zoning is starting at two. Mayor Carollo: We have to start at nine that morning. Vice Mayor Gort: Sure. Mayor Carollo: Yeah. Commissioner Plummer: Mr. Mayor let me ask you a question. Vice Mayor Gort: Two o'clock. 1 Ms. Cuervo: No, Planning and Zoning is two o'clock... Commissioner Plummer: You made mention of the fact the other day, and I'm just wondering, do we want to start thinking about. We've talked about the RV (Recreations Vehicles) Park on Virginia Key as a very good source of revenue. Now, do we want to start on that now? Do you want to delay it? I'm just thinking that, you know Jack Luft has a lot of the things that have to be modified. We understand that because it was turned down before. tober 10 1996 213 Oc , [i Mayor Carollo: Now, Commissioner you talked about the RV Park as a good source of revenue. Commissioner Plummer: No, you also talked... Mayor Carollo: I talked about the Ecological Center as being a better source of revenue. Together with a theme park, Waterfront Theme Park... Commissioner Plummer: Fine. Mayor Carollo: ... and many other things. But maybe we can find a common ground there. Commissioner Plummer: That's fine. Mayor Carollo: The bottom line is, we're both wanting to do what we have been talking about and that's to find new sources of revenue for the City of Miami. Commissioner Plummer: What I'm asking is, do you want to get it started? And if so, let's turn it over to the Administration and ask them to start thinking about and working on to come back to this Commission. Mayor Carollo: I think on that particular idea, the bulk of what they need is really there already. It's just deciding which way did we want to go. Commissioner Plummer: Well, you want to bring it up in November or December? Mayor Carollo: What I prefer to do is, for the Administration to sit down with each and every one of us and go over what they have. Commissioner Plummer: Fine. Mayor Carollo: And then we bring it up at the time when all of us are ready to discuss it. But, what that goes in hand is what I asked Jack Luft at the last meeting that we look at the whole Virginia Key as a whole and not doing it piecemeal anymore. Vice Mayor Gort: Mr. Mayor, it's my understanding we need to take a vote on the change of hours for the next meeting. So I make a motion to nine o'clock. Mayor Carollo: There's a motion that we start the meeting at nine in the morning. Second by Commissioner Regalado. Commissioner Plummer: Can help you if you made it at ten. i Mayor Carollo: Well, you could be late. We've got a long meeting. Commissioner Plummer: If it's ten o'clock I can... Ms. Cuervo: And the Planning and Zoning will still start at two. Vice Mayor Gort: Right. Ms. Cuervo: Only the regular agenda will start at nine. Mayor Carollo: There's a motion. There's a second. Hearing no further discussion or complaints, all in favor signify by saying "aye." Li L� The Commission (Collectively): Aye. The following motion was introduced by Vice Mayor Gort, who moved its adoption: MOTION NO. 96-770 A MOTION TO SCHEDULE THE OCTOBER 24, 1996 COMMISSION MEETING TO BEGIN AT 9 A.M. FOR REGULAR ITEMS AND TO BEGIN AT 2 P.M. FOR PLANNING AND ZONING ITEMS. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Richard P. Dunn, II Mayor Carollo: This meeting is now officially adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:56 P.M. ATTEST: Walter J. Foeman CITY CLERK Josephine M. Argudin ASSISTANT CITY CLERK JOE CAROLLO MAYOR 215