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HomeMy WebLinkAboutCC 1995-05-25 MinutesCITY OF MEETING FIELD ON MAY 25, 1995 PLANNING AND ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER J. FOEMAN CITY CLERK ITEM NO. INDEX MINUTES OF PLANNING AND ZONING MEETING May 25, 1995 SUBJECT LEGISLATION 1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS. 2. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATIONS -- ADMINISTRATION STATES THAT THERE WILL BE A 7% REDUCTION IN ALL ALLOCATIONS TO EXISTING SOCIAL SERVICE AGENCIES -- DIRECT ADMINISTRATION TO TRY TO IDENTIFY $50,000 FOR THE SPECIAL OLYMPICS PROGRAM. (A) ALLOW INTERNATIONAL TRADE BOARD (ITB) TO SUBMIT FEDERAL GRANT APPLICATION ($100,000), SUBJECT TO THE CITY PROVIDING $200,000 MATCH, TO BE HELD IN RESERVE PENDING RECEIPT OF GRANT. (B) ALLOCATE $100,000 TO BORINQUEN HEALTH CARE CENTER, INC. FROM 21ST YEAR CDBG FUNDS -- DIRECT ADMINISTRATION TO PROVIDE FINANCIAL RELIEF ($100,000) TO BORINQUEN HEALTH CARE CENTER CONCERNING PAYMENT OF ITS $200,000 LOAN DUE TO MIAMI CAPITAL DEVELOPMENT CORPORATION (MCDC) -- FROM A FUTURE YEAR CDBG PROGRAM. PAGE NO. DISCUSSION 1 5/25/95 M 95-408 M 95-409 M 95-409.1 M 95-410 M 95-411 M 95-412 R 95-413 R 95-413.1 5/25/95 2-84 w (C) GRANT FINANCIAL RELIEF TO LEWIS BARBECUE IN CONNECTION WITH PAYMENT OF MCDC LOAN (SAME TERMS / CONDITIONS AS BORINQUEN CLINIC) -- VICE MAYOR PLUMMER RESERVES RIGHT OF DISAPPROVAL IF NOT FULLY SATISFIED AFTER CLARIFICATION OF THIS ISSUE. (D) ALLOCATE $100,000 TO HOPE CENTER, INC. FROM 21ST YEAR CDBG FUNDS -- FOR DORM FACILITIES RENOVATIONS. (E) DIRECT ADMINISTRATION TO FUND: (1) D.D.A. FLAGLER MARKET PLACE, AND (2) DOWNTOWN MIAMI SIGNAGE GATEWAYS -- STIPULATE VICE MAYOR PLUMMER BE GIVEN BREAKDOWN OF PROJECT COST, WITH RIGHT TO DENY APPROVAL, IN WHICH CASE IT WOULD BE BROUGHT BACK BEFORE THE COMMISSION. (F) AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENTS TO FY 1995-96 PROPOSED CONSOLIDATED PLAN FOR: (1) CDBG, (2) HOME INVESTMENT PARTNERSHIPS (HOME), (3) EMERGENCY SHELTER GRANT (ESG), AND (4) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS -- EXECUTE AGREEMENTS. (G) DIRECT ADMINISTRATION TO REPLACE LIGHTS IN HADLEY PARK AS SOON AS POSSIBLE. 3. VICE MAYOR PLUMMER CONGRATULATES DISCUSSION 84 THE MANAGER AND CITY OF MIAMI 5/25/95 POLICE DEPARTMENT ON MEDIA REPORTS THAT FT. LAUDERDALE NOW HAS HIGHER CRIME RATE THAN MIAMI. 4. AUTHORIZE ISSUANCE OF REQUEST FOR R 95-414 84-114 PROPOSALS (RFP) (MAY 30, 1995) -- 5/25/95 FOR UNIFIED DEVELOPMENT PROJECT (UDP) CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL / RECREATIONAL USES ON CITY -OWNED WATERFRONT PROPERTY AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY -- PROVIDE FOR POSSIBLE LEGALIZED GAMBLING. 1 5. AUTHORIZE ISSUANCE OF REQUEST FOR R 95-415 114-116 PROPOSALS (RFP) (MAY 30, 1995) -- 5/25/95 FOR UNIFIED DEVELOPMENT PROJECT (UDP) CONSISTING OF DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION AND RELATED USES ON CITY -OWNED WATERFRONT PROPERTY AT WATSON ISLAND. 6. (1) APPOINT ROBERT MENDITO, AND R 95-416 116-117 (2) CONFIRM SELECTION OF JAMES 5/25/95 REID BY LIUNA BARGAINING UNIT -- AS MEMBERS OF BOARD OF TRUSTEES OF GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. 7. ACCEPT DADE COUNTY'S RESOLUTION R 95-417 117-118 512-95 DECLARING JULY 13TH AS THE 5/25/95 DAY OF CUBAN GENOCIDE, IN REMEMBRANCE OF THE SINKING OF "13TH OF MARCH" TUGBOAT (JULY 13, 1994). 8. AUTHORIZE MANAGER TO EXECUTE R 95-418 118-119 INTERLOCAL AGREEMENT WITH 5/25/95 SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND COMMUNITY REDEVELOPMENT AGENCY FOR OMNI REDEVELOPMENT DISTRICT TO PROVIDE STAFF AND FINANCIAL SUPPORT FOR BOTH COMMUNITY REDEVELOPMENT AGENCIES -- AMEND BUDGET APPROVED PURSUANT TO RESOLUTION 95-268. 1.l 9. AUTHORIZE MANAGER TO ENTER INTO PURCHASE / SALE AGREEMENT WITH METROPOLITAN DADE COUNTY -- TO CONVEY TO COUNTY PARCEL OF LAND IN VIRGINIA KEY -- GRANT COUNTY: (1) TWO TEMPORARY CONSTRUCTION EASEMENTS; (2) NON-EXCLUSIVE INGRESS / EGRESS EASEMENT, AND (3) NON-EXCLUSIVE UTILITY EASEMENT -- COUNTY TO PROVIDE CITY: (1) $217,350 ($110,000 IN CASH AT CLOSING AND $107,350 IN KIND); (2) ACCESS AGREEMENT OVER / ACROSS COUNTY PROPERTY WHEREIN VIRGINIA KEY SEWAGE PLANT IS LOCATED, TO FACILITATE CITY'S INGRESS / EGRESS TO CITY COMPOST FACILITY, AND (3) NON-EXCLUSIVE ACCESS EASEMENT AGREEMENT IN / ALONG CERTAIN COUNTY PROPERTY ALONG WEST PROPERTY LINE OF SEWAGE PLANT, FOR VEHICULAR INGRESS / EGRESS WHERE CITY OPERATES COMPOSTING FACILITY AND FILL SITE. R 95-419 5/25/95 10. AUTHORIZE ISSUANCE OF CITY'S R 95-420 GENERAL OBLIGATION -BONDS -(SERIES_ 5/25/95 1995) IN -AGGREGATE_ PRINCIPAL- - AMOUNT OF _$22;5001000 -= TO PAY FOR- CERTAIN SANITARY -SEWER IMPROVEMENTS . _ 11. ACCEPT BID:-- _RICH -LAND UNIFORM,- R- 95-421- INC._ ---- FOR FURNISHING --158-_ EMS 5_'/25-/95'" SURVEILLANCE VESTS -- FOR -FIRE RESCUE DEPARTMENT -- ALLOCATE FUNDS ($102,700). 12. ACCEPT BID: SOUTHERN R 95-422 AMBULANCE -- FOR 10 NEW RESCUE 5/25/95 VEHICLES (UTILIZING EXISTING CITY OF JACKSONVILLE BID NO. SC-0540- 93) -- FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($1,000,000). 13. ACCEPT PLAT: JEFFERSON REEVES HEALTH CENTER SUBDIVISION. 14. ACCEPT PLAT: WOODLAWN PARK CEMETERY 1ST ADDITION. 120-123 123-125 126 127-142 R 95-423 143 5/25/95 R 95-424 144 5/25/95 Y 15. GRANT REQUEST -- WAIVE ALL R 95-425 145-146 WAIVABLE FEES IN CONNECTION WITH 5/25/95 GOOMBAY FESTIVAL -- DEFER ALL PAYMENTS DUE TO CITY FOR 30 DAYS -- CITY TO HAVE FULL AUDIT AND VETO RIGHTS -- CITY TO BE REIMBURSED IF FESTIVAL REALIZES PROFIT. 16. BRIEF COMMENTS BY VICE MAYOR DISCUSSION 146-147 PLUMMER CONCERNING CERTAIN 5/25/95 STATEMENTS MADE BY DOWNTOWN VENDORS. 17. AMEND RESOLUTION 95-407 -- R 95-426 147-148 RESCHEDULE PLANNING AND ZONING 5/25/95 PORTION OF JUNE 1ST COMMISSION MEETING TO COMMENCE AT 11 A.M., SOLELY TO CONTINUE ENTIRE AGENDA TO JULY 27TH MEETING, COMMENCING AT 4 P.M. 18. ACCEPT BID: DEMOLITION R 95-427 148-149 MASTERS -- FOR DEMOLITION OF TWO- 5/25/95 STORY UNSAFE STRUCTURE -- FOR PLANNING, BUILDING & ZONING DEPARTMENT -- ALLOCATE FUNDS ($49,720) FROM COMMUNITY DEVELOPMENT BLOCK GRANT DEMOLITION FUND. 19. ALLOCATE $12,600 FROM COMMUNITY R 95-428 150-151 DEVELOPMENT BLOCK GRANT (CDBG) 5/25/95 FUNDS -- FOR REHABILITATION OF NINE BUSINESS IN LITTLE HAVANA (PEQUENA HAVANA) TARGET AREA -- UNDER COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM (RECOMMENDED BY EAST LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT TEAM [NET) SERVICE CENTER). 20. ALLOCATE $25,000 FROM R 95-429 151-153 INTERNATIONAL TRADE BOARD (ITB) 5/25/95 FUNDS -- FOR PROMOTION OF CANADIAN FOOTBALL LEAGUE GAMES IN MIAMI. 21. GRANT SPECIAL EXCEPTION FROM ZONING ORDINANCE (11000), ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN 5,000 SQUARE FEET -- ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA -- FOR TWO LOTS WITH NET LOT AREA OF 22,960 SQUARE FEET AT 3060 ORANGE STREET (ZONED R-2 TWO FAMILY RESIDENTIAL), WITH CONDITIONS. (Applicant: Luise Dominguez & Ken Rampone for Central Grove Property, Inc. Appellant: Gerald C. Marston & Carlos Rodriguez.) 22. GRANT SPECIAL EXCEPTION FROM ZONING ORDINANCE (11000), ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES -- TO ALLOW A HEALTH CLINIC AT 2035 N.W. 4 COURT (ZONED R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL), WITH CONDITIONS AND COVENANT. (Applicant: Armando Vidal for Dade County HUD [owner] and Anthony DeFurio for Health Foundation of South Florida [lessee].) 23. (A) CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF PORTION OF N.W. 3 AVENUE BETWEEN N.W. 29 AND 30 STREETS -- AS CONDITION FOR APPROVAL OF TENTATIVE PLAT NO. 1469: BUENA VISTA ELEMENTARY SCHOOL -- PAYMENT IN LIEU OF TAXES MUST BE GIVEN IN LIKE AMOUNT TO THE CITY -- INCLUDE REVERTER CLAUSE. (Applicant: School Board of Dade County.) (See label 25) (B) BRIEF COMMENTS CONCERNING RANGE PARK (ADJACENT TO EDISON ELEMENTARY SCHOOL) WHICH STILL NEEDS TO BE RESODDED. R 95-430 5/25/95 R 95-431 5/25/95 R 95-432 5/25/95 153-157 158-159 159-163 k,r 24. BRIEF COMMENTS CONCERNING APPEAL DISCUSSION 163 OF VARIANCE AT 2927 SHIPPING 5/25/95 AVENUE. (See label 26) 25. (Continued discussion) BRIEF DISCUSSION 163-164 ADDITIONAL COMMENTS CONCERNING 5/25/95 CLOSURE OF PORTION OF N.W. 3 AVENUE BETWEEN N.W. 29 AND 30 STREETS. (See label 23) 26. (A) (Continued discussion) DENY R 95-433 164-169 VARIANCE FROM ZONING ORDINANCE M 95-434 (11000), ARTICLE 9, SECTION 5/25/95 908.11.2, VISION CLEARANCE AT INTERSECTIONS, SUBSECTION 908.11.2.2, AT INTERSECTIONS OF DRIVEWAYS WITH STREETS, R-2 TWO- FAMILY RESIDENTIAL, PERMITTED USES -- TO ALLOW CONSTRUCTION OF AN EIGHT FOOT' CBS WALL (WITH VISIBILITY TRIANGLE OF ZERO) AT 2927 SHIPPING AVENUE (ZONED R-2 TWO-FAMILY RESIDENTIAL). (Applicant / Appellant: Gary L. & Anne S. Baumgartner.) (See label 24) (B) REQUEST PLANNING DEPARTMENT TO CHANGE RULES / REGULATIONS IMMEDIATELY TO PREVENT FUTURE APPLICATIONS TO CONSTRUCT WALLS AT INTERSECTIONS OF DRIVEWAYS WITH STREETS WITH A VISIBILITY TRIANGLE OF ZERO. 27. SECOND READING ORDINANCE: AMEND ORDINANCE 169-170 ZONING ORDINANCE 11000 ATLAS -- 11265 CHANGE DESIGNATION AT 2728 S.W. 5/25/95 12 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO 0 OFFICE. (Applicant: Francisco T. Valdes.) 28. SECOND READING ORDINANCE: AMEND ORDINANCE 170-172 MIAMI COMPREHENSIVE NEIGHBORHOOD 11266 PLAN (MCNP ORDINANCE 10544) 5/25/95 FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 5600-5664 W. FLAGLER STREET FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL, WITH PROVISOS. (Applicant: Joseph & Karen Lawrence, owners.) 29. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ATLAS -- CHANGE DESIGNATION AT 5600-5664 W. FLAGLER STREET FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL, WITH PROVISOS. (Applicant: Joseph & Karen Lawrence.) 30. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE MAP TO CHANGE LAND USE DESIGNATION AT 2725 N.W. 6 STREET FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: G. Palbicke & Fiduciary Trust Int. of the South & H. Tannen, trustees.) 31. DENY PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 ATLAS TO CHANGE DESIGNATION AT 2725 N.W. 6 STREET FROM R-1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: G. Palbicke & Fiduciary Trust Int. of the South & H. Tannen, trustees.) 32. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ATLAS -- REMOVE THE PRIMARY PEDESTRIAN PATHWAY DESIGNATION FROM PORTIONS OF: (1) MARY STREET BETWEEN FLORIDA AVENUE AND OAK AVENUE, (2) OAK AVENUE BETWEEN RICE STREET AND MARY STREET, COCONUT GROVE. (Applicant: Planning, Building & Zoning Dept., as requested by Off -Street Parking Dept.) ORDINANCE 11267 5/25/95 M 95-435 5/25/95 M 95-436 5/25/95 FIRST READING ORDINANCE 5/25/95 172-173 174-177 178 179-180 33. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401 -- ALLOW CONTAINER YARDS AS A CONDITIONAL PRINCIPAL USE IN THE I -INDUSTRIAL ZONING DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY -- ADD NEW SECTION 942 (CONTAINER YARDS) TO IDENTIFY / SPECIFY LIMITATIONS / CONCERNS ASSOCIATED WITH THE USE -- AMEND SECTION 2502 TO DEFINE CONTAINER YARDS. (Applicant: Planning, Building & Zoning Dept.) 34. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401 -- CLARIFY LIST OF PERMISSIBLE USES WITHIN C-2 LIBERAL COMMERCIAL ZONING DISTRICT -- AMEND SECTION 906 TO ADD LANGUAGE REGARDING ALLOWABLE SIZES OF ACCESSORY STRUCTURES -- AMEND SECTION 915 TO LIMIT OVERALL HEIGHTS OF BUILDINGS WITHIN R-1 AND R-2 ZONING DISTRICTS -- AMEND SECTION 917 TO ADD LANGUAGE REGARDING ALLOWABLE PARKING MANEUVERS WITHIN RESIDENTIAL DISTRICTS -- AMEND SECTION 2502 TO PROVIDE DEFINITION AND METHOD OF CALCULATION FOR BUILDING HEIGHT. (Applicant: Planning, Building & Zoning Dept.) 35. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT -- AMEND SECTION 608, SD-8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT -- ALLOW OUTDOOR PHOTOGRAPHIC STAGE SETS AS A CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT -- AMEND SECTION 2502 TO DEFINE OUTDOOR .PHOTOGRAPHIC STAGE SETS. (Applicant: Planning, Building & Zoning Dept.) ORDINANCE 11268 5/25/95 ORDINANCE 11269 5/25/95 ORDINANCE 11270 5/25/95 180-181 182-183 183-184 k a-. 36. DENY PROPOSED FIRST READING M 95-437 184-187 ORDINANCE TO AMEND ZONING 5/25/95 ORDINANCE 11000 TEXT, (1) ARTICLE 6, SECTION 607, BY ADDING HELISTOPS AS A CONDITIONAL ACCESSORY USE BY SPECIAL EXCEPTION ONLY WITHIN SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL ZONING DISTRICT, AND (2) ARTICLE 9, SECTION 933 TO INCLUDE THIS SPECIAL DISTRICT. (Applicant: Planning, Building & Zoning Dept.) 37. FIRST READING ORDINANCE: AMEND FIRST 187-189 ZONING ORDINANCE 11000 TEXT -- READING AMEND SECTION 401 (SCHEDULE OF ORDINANCE DISTRICT REGULATIONS) -- ALLOW 5/25/95 MAJOR SPORTS FACILITIES AS A CONDITIONAL PRINCIPAL USE WITHIN THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY MAJOR USE SPECIAL PERMIT ONLY. (Applicant: Planning, Building & Zoning Dept.) 38. COMMISSION EXPRESSES ITS DISCUSSION 189-190 GRATITUDE AND THANKS TO JOSEPH W. 5/25/95 McMANUS, DEPUTY DIRECTOR, PLANNING & ZONING DIVISION, FOR HIS YEARS OF INVALUABLE SERVICE TO THE CITY. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of May, 1995, 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 9:07 a.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner Miller J. Dawkins ALSO PRESENT: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, Assistant City Clerk ABSENT: Matty Hirai, City Clerk An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Commissioner Dawkins recognizes Dan Ealey, who recently retired in 1990 after 23 years as a City of Miami employee. ---------------------------------------------------------------------------------------------------------------- 1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS. ---------------------------------------------------------------------------------------------------------------- (A) Commendation: Officer Freddy D'Agostino -- Most Outstanding Officer (March 1995). (B) Commendations: Pablo Alfonso, Annya Hernandez and Kristi Quairoli -- winners of the Florida League of Cities, Inc. 1995 City Citizenship Award Program. (C) Commendation: Javier Marques -- for his commitment and dedication to community service. (D) Certificate of Appreciation: (1) Landmind, and (2) New World School of the Arts -- for their participation in creating Brittle Star Park (319 N.E. 2 Avenue). 1 May 25, 1995 -----------------------------------------------------------------------------•----------------------------------- 2. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATIONS -- ADMINISTRATION STATES THAT THERE WILL BE A 7% REDUCTION IN ALL ALLOCATIONS TO EXISTING SOCIAL SERVICE AGENCIES -- DIRECT ADMINISTRATION TO TRY TO IDENTIFY $50,000 FOR THE SPECIAL OLYMPICS PROGRAM. (A) ALLOW INTERNATIONAL TRADE BOARD (ITB) TO SUBMIT FEDERAL GRANT APPLICATION ($100,000), SUBJECT TO THE CITY PROVIDING $200,000 MATCH, TO BE HELD IN RESERVE PENDING RECEIPT OF GRANT. (B) ALLOCATE $100,000 TO BORINQUEN HEALTH CARE CENTER, INC. FROM 21ST YEAR CDBG FUNDS -- DIRECT ADMINISTRATION TO PROVIDE FINANCIAL RELIEF ($100,000) TO BORINQUEN HEALTH CARE CENTER CONCERNING PAYMENT OF ITS $200,000 LOAN DUE TO MIAMI CAPITAL DEVELOPMENT CORPORATION (MCDC) -- FROM A FUTURE YEAR CDBG PROGRAM. (C) GRANT FINANCIAL RELIEF TO LEWIS BARBECUE IN CONNECTION WITH PAYMENT OF MCDC LOAN (SAME TERMS / CONDITIONS AS BORINQUEN CLINIC) -- VICE MAYOR PLUMMER RESERVES RIGHT OF DISAPPROVAL IF NOT FULLY SATISFIED AFTER CLARIFICATION OF THIS ISSUE. (D) ALLOCATE $100,000 TO HOPE CENTER, INC. FROM 21ST YEAR CDBG FUNDS -- FOR DORM FACILITIES RENOVATIONS. (E) DIRECT ADMINISTRATION TO FUND: (1) D.D.A. FLAGLER MARKET PLACE, AND (2) DOWNTOWN MIAMI SIGNAGE GATEWAYS -- STIPULATE VICE MAYOR PLUMMER BE GIVEN BREAKDOWN OF PROJECT COST, WITH RIGHT TO DENY APPROVAL, IN WHICH CASE IT WOULD BE BROUGHT BACK BEFORE THE COMMISSION. (F) AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENTS TO FY 1995-96 PROPOSED CONSOLIDATED PLAN FOR: (1) CDBG, (2) HOME INVESTMENT PARTNERSHIPS (HOME), (3) EMERGENCY SHELTER GRANT (ESG), AND (4) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS -- EXECUTE AGREEMENTS. (G) DIRECT ADMINISTRATION TO REPLACE LIGHTS IN HADLEY PARK AS SOON AS POSSIBLE. Mayor Clark: Ladies and gentlemen, this is going to be a very difficult day. We ask you to keep your talk down and pay attention. Now, this program is divided into four sections: Social programs, economic development, housing and public facilities improvements. What we're going to do, because most of our seniors are here early - they usually are, and God bless them - we'd like to start with the social programs first, and then after that, we'll follow the line down the road. Now, we're going to do this. There are so many requests here today, it's going to be one person to speak - not ten - on the same item. One person. You pick out who you may want to have speak, and you're going to speak for no more than five minutes, because we've got 80 people today, 80 addresses to make to this Commission. We'd last for four or five days here. I know you don't want to wait that long. So the group, you pick one person out of that group. I know this... De Hostos, you have probably - wait a minute, just a minute - probably ten people 2 May 25, 1995 who want to speak on it. It's just redundant and repetitive. We're trying to get down to the basics of it right now. But Frank, go ahead. Mr. Frank Castaneda: Commissioners, in the social service area, we basically recommended the funding of all the existing programs, with a reduction of seven percent, in order to come within the cap. And that's under Community Development. Under the emergency shelter grant - and it's different this year because we're looking at all four funding sources today - under the emergency shelter grant, we are basically recommending monies for homeless programs, which were... Most of the money will be going to the City of Miami's homeless program in downtown Miami, at the level of two hundred seventy-one thousand three hundred dollars ($271,300). In the HOPWA (Housing Opportunities for Persons With AIDS) area, where we have a controversy, we are recommending the funding of two programs that applied under Community Development. One is the Center for Haitian Studies, which deals with AIDS in the Haitian community, and the program, Cure AIDS Now, to the level of twenty-nine thousand two hundred and eighty-one dollars ($29,281). That is a feeding program for AIDS victims. The HOPWA Board has recommended against funding these two programs. However, we feel that they should be funded. Vice Mayor Plummer: Let me ask a question. That comes out of which area? The housing area? Mr. Castaneda: It comes out of the Housing Opportunities for People with AIDS grant, which is a seven million dollar ($7,000,000) grant, Commissioner. Vice Mayor Plummer: That's out of the area of the... It's not in social services. Mr. Castaneda: It is not under the social service cap of 50 percent under Community Development. That's why we... Vice Mayor Plummer: That's the point I'm trying to make. Mr. Castaneda: Yes, it is. Vice Mayor Plummer: OK. And how much are you recommending go to Cure AIDS Now? Mr. Castaneda: Cure AIDS Now, basically, what they received last year, which is twenty-nine thousand two hundred and eighty-one dollars ($29,281). Vice Mayor Plummer: And the other program, and the Haitian program? Mr. Castaneda: The other program is ninety-two thousand five -fifty-six ($92,556). Vice Mayor Plummer: OK. And the Cure AIDS Now is going for what purpose? Mr. Castaneda: For feeding individuals that have AIDS. Vice Mayor Plummer: OK. And you feel that that is adequate. Mr. Castaneda: Well, that is the amount that they received last year. Vice Mayor Plummer: Yeah, but you remember, they came in twice after that, saying that they were running out of money, and that if we didn't find allocations for more money that they would have to stop... The problem, basically, was the delivery more so than anything. May 25, 1995 I._ Mr. Castaneda: Right. Commissioners, under that particular program, you know, we have seven point seven million dollars ($7.7 million). The two grant years have basically shrunk. You might recall that last week, you were discussing the funding of AIDS programs under the last year, so I believe that there is plenty of money, and if the Commission would like to increase the funding of Cure AIDS Now under the HOPWA category, I would have no problem with that. Vice Mayor Plummer: All right. Thank you, sir. Mayor Clark: Thank you. Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes, Mr. Dawkins. Commissioner Dawkins: Now, Mr. Castaneda, you recommended that these two programs be funded from the HOPWA funds; is that correct? Mr. Castaneda: That's correct, Commissioner. Commissioner Dawkins: And the HOPWA people rejected your request; is that correct? Mr. Castaneda: That is correct, Commissioner. Commissioner Dawkins: Now, how do we legislate or ensure that these two agencies whom we're speaking of providing funding today get that funding? Mr. Castaneda: Well, Commissioners, the HOPWA Board is an advisory board. You are the final word on this, as in the City Advisory Board situation. If you determine to do that, obviously, we will make sure that that happens, Commissioner. Commissioner Dawkins: So what you're saying is the HOPWA Board is an advisory board to this Commission. Mr. Castaneda: That is correct, Commissioner. Commissioner Dawkins: And this Commission has the authority to override a decision of that advisory board. Mr. Castaneda: That is correct. Commissioner Dawkins: So therefore, the only action that's needed is to direct you to do that, pass a resolution to do that, or just sit by and watch you do it. What should we do? Mr. Castaneda: No, no. You would have to approve the plan as you would do with the Community Development Block Grant, and that's why we are presenting this as a united package. Commissioner Dawkins: OK. Mr. Castaneda: OK. Commissioner Dawkins: Thank you. Mr. Castaneda: Thank you. 4 May 25, 1995 Mayor Clark: Thank you. Now, we have a lot of people here from De Hosots. You want to let them... I'm going to give you the names that are signed up for that so far, and pick out one to speak. Leonard Jenkins, Martha Smith, Osvaldo Borges, Clara Mae Jenkins, Dorothy Quintana. One speaker, five minutes. Vice Mayor Plummer: Mr. Mayor. Mayor Clark: Yes, sir. Vice Mayor Plummer: I think, you know, how we do it at the TDC (Tourist Development Council) would be - for me - would be very much appreciated, understanding that every one of you, everyone is going to get cut seven percent. That has to be across the board, according to Frank. Mayor Clark: That's not our decision, that's the Government's decision, Federal Government. Vice Mayor Plummer: That's correct, sir. OK? Now, if, in fact, you're happy with your allocation, go to the microphone, and say, "thank you," and sit down. OK? So all I'm saying is, it really cuts through the time of people having to speak. Now, you know, you can say more, but sometimes, you take the chance... Mayor Clark: Wait, now, wait a minute, Dorothy. Vice Mayor Plummer: ... you take the chance of saying more of losing more. So I just would say that under those circumstances that if you're happy, just say, "thank you," and sit down. Mayor Clark: All right. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: Could we also, for a better understanding for ourselves and everyone else, let Frank explain the reason why it's being reduced seven percent across the board? Mr. Castaneda: Yes. Commissioners, last year, we overallocated our allocations for public services. In order to bring all the agencies back into the cap, basically, we had to do a seven percent reduction. That's actually 6.9 percent, and we went straight across the board on every agency. Mayor Clark: All right. Vice Mayor Plummer: OK. But I think, for the record, what we're all trying to say to these people so that they understand loud and clear is that it's not our decision, it is a mandate that has to be done. Mr. Castaneda: That's correct. Vice Mayor Plummer: OK. Somebody... Would you say it in Spanish, please, so they also understand that? Mr. Castaneda: SI. LO QUE ESTAMOS DICIENDO ES QUE PARA MANTENER EL DINERO QUE ESTA PARA LOS PROGRAMAS SOCIALES, PARA MANTENER A TODOS 5 May 25, 1995 tr- LOS PROGRAMAS EXISTENTES, HAY QUE CORTAR LOS PROGRAMAS SIETE PORCIENTO, PORQUE SI NO, NO HABRIA DINERO PARA CUBRIR A TODO LOS PROGRAMAS Y HABRIA QUE CORTAR ALGUN OTRO PROGRAMA UNA CANTIDAD MAS ALTA. Vice Mayor Plummer: And is there anybody here that can say it in Creole? OK. Is there anyone from the Little Haiti... Mayor Clark: You speak Creole, don't you? Vice Mayor Plummer: I speak only Greek. Mayor Clark: All right. Give us your name and the organization you're representing, and the time, Mr. Clerk, is five minutes. Dr. Robert Arias: I'm Dr. Arias, the chief administrator at De Hostos Senior Center, and I've been chosen to thank you. I feel that we've made some inroads into improving the quality of life for the folks... Mayor Clark: Pull the mike up a little bit. Dr. Arias: ... of the folks in the Wynwood area, and we have expanded our services there to the tune of 137 people during this fiscal year. And these people here are very thankful. They came here to show their appreciation for you folks that are the ones that are keeping us in business. So thank you. Mayor Clark: Thank you. Now, that's... Now, that gets the business. I (APPLAUSE) Mayor Clark: No, no. You on social services? Mr. Mariano Cruz: No. I come also for the physical improvement. Mayor Clark: Well, for what group? Vice Mayor Plummer: No, he's doing social services first. Mr. Cruz: Yeah, for the Allapattah neighborhood. Mayor Clark: We'll get to you in just a moment now. Mr. Cruz: OK. Mayor Clark: De Hostos has been represented, and Frank, you want to tell them what has been recommended? Mr. Castaneda: SI. EL PROGRAMA ESTE HA SIDO RECOMENDADO Y VA A RECIBIR FONDOS. They're asking whether they can leave? Mayor Clark: Sure, you can leave. Mr. Castaneda: OK. 6 May 25, 1995 11 A Mayor Clark: We want to get you in, and let you get back and have your CAFE CON LECHE. Unidentified Speaker: Thank you. (APPLAUSE) Mr. Castaneda: GRACIAS. Mayor Clark: OK. Thank you. Thank you all. Please let the people out. They want to leave. Commissioner Dawkins: What's the next... Frank, Frank, what's the next one? Mr. Castaneda: I'm sorry? Commissioner Dawkins: I mean, no, I mean the next agency. Mr. Castaneda: No, the Mayor has the list. Commissioner Dawkins: OK. What's the next area. Vice Mayor Plummer: Of speakers. Mayor Clark: The next area is economic development. Commissioner Dawkins: Economic development. OK. Mayor Clark: But we got some more on social services right now. All right. OK. On social services, you going to speak now? Frank, this gentleman behind you wanted to speak. Let him represent the organization. On social services. Mr. Cruz: Well, I'd like to thank that allocations going to Allapattah are being kept now the way it is, like everybody, because the only thing we're asking is that we're being treated with parity and equality. Mayor Clark: Excellent. Thank you. Vice Mayor Plummer: Mariano, you're only supposed to speak at budget time. Mayor Clark: Yes. i Mr. Cruz: Well, this is budget. t Mayor Clark: All right. On social services, the next speaker will be Mr. Rick Gelinas, representing Little Acorns. Is Rick present? Mr. Rick Gelinas: Yes, I'm here. Mayor Clark: All right. Mr. Gelinas: Good morning, and thank you for permitting me to speak this morning to the City Commission. On behalf of the funding request that was made to support the crime prevention training program for parents of high risk children and those children, and it's called Little Acorns. This is a program that takes place strictly within the City limits. I mean, the money we're asking you for will be spent only within the City limits of Miami. 7 May 25, 1995 i �- Vice Mayor Plummer: For the record, have you been recommended, sir? Mr. Gelinas: I was recommended by the Citywide Advisory Board. Vice Mayor Plummer: What I had before me. Mr. Gelinas: But not by staff. Vice Mayor Plummer: OK. Thank you. Mayor Clark: Well, we get that later. You made your pitch. Go ahead. Mr. Gelinas: All right. If we are funded, we will be able to put programs in Wynwood, Model City, Edison/Little River, Little Havana. This is our tenth year of service. For ten years, we've been pouring services into the neighborhoods in the City, and we've never asked the City to help pay for it. The State has helped, the County has helped, other agencies and private foundations, the Knight Foundation has helped. We've never before asked the City. If you do help us, you're going to be leveraging your money five to one. In other words, our budget at the moment is five hundred thousand dollars ($500,000). We asked you for two hundred thousand ($200,000), and your advisory board had recommended that we get a hundred thousand ($100,000), but because of the budget shortfall here, your staff had said otherwise. But if you give us a hundred thousand dollars, you're going to be leveraging your money five dollars ($5) for one ($1). This is very cost effective for you, for the City. It's cost effective in the short-term in that services are being delivered for less than five dollars ($5) an hour, per contact hour. It's cost effective in the long- term when you view people as resources instead of as tax burdens. We turn people into resources, Now, let's talk about these children. I've got a kid in my program who's eight years old, he's in the second grade, he's been arrested twice for armed robbery. When you ask him to describe himself, he uses terms that are similar to what you might hear from a career criminal. This child has skipped school almost half of the days this year, but he still gets "As" and "Bs" on all his school work, "As" and "Bs". This is a brilliant child who's gone terribly wrong awfully fast in life. We picked that child up because we thought we could help him in the program, and we're training his parents to be better parents. I think it will make a big impact. I got a call the other day from a school principal, a woman. She was in tears on the phone. She said, "I got a young girl out here in the waiting room to see me. She's 13 years old, she's pregnant, and she thinks it's cool that she's pregnant. And the person responsible is 23 years old, he's a drug dealer with a long rap record, and this girl thinks it's cool." See, that kind of attitude is destructive to her and to her unborn baby. We're changing attitudes in people like that. Now, this is a partnership program, make no mistake. We're in partnership with the City of Miami Police Department for law enforcement and law education in those neighborhoods to help people understand their rights and their responsibilities as citizens. We're training these people to be more effective as parents. We are getting funding from the Governor's Drug -Free Communities Program, the Attorney General Community Partnership, Metro Police Trust Fund, HRS (Housing and Rehabilitative Services) Family Preservation, Metro Department of Human Resources, Metro Office of Justice Assistance, and eight foundations, and 32 corporations, for a total amount of four hundred and ninety-nine thousand dollars ($499,000). We're asking you to add one hundred thousand ($100,000) to that so that we can open programs in those neighborhoods. This is a fixed program with a fixed curriculum, pre- and post -testing used to determine measureable outcome. This isn't, "Let's blow some sunshine up somebody's skirt." This isn't an after school, "Let's keep the kids busy" program. This isn't, "Let's preach at them." We're training people. This is a training program, first and foremost. Training, training, training. I can't emphasize this enough. And our focus is not only the child in trouble, but the parents of that child. What good does it do to help a kid if he's going to go back to the same problems at home? Please, I know you've got more programs out here than you can handle, than 8 May 25, 1995 you've got money for. I know that. But it makes sense in those circumstances to put money where you've got a proven result. Miami -Dade Community College came out. They were hired by the Governor to evaluate us. We got a "B+". The school system evaluated us twice, because they put money in the program. Both times, they gave us an "A." You know, where do you find evidence like this in the City of Miami? I dare say, we're the only one that's been evaluated scientifically by a disinterested third party and come up with these kind of results, doing this kind of work, training parents. Please give us the hundred thousand ($100,000). We had asked you for two -ten. We'd be delighted with a hundred, and we'll make it work for you. Vice Mayor Plummer: Have you applied at all to the Law Enforcement Trust Fund? Mr. Gelinas: Not City, but Metro, yes, and we are funded by them. Vice Mayor Plummer: But you have not... Why haven't you applied to the City? Mr. Gelinas: We didn't even know there was one - I mean a trust fund with the City of Miami Police. Vice Mayor Plummer: My final question is, what percentage of your participants actually live in the City of Miami? Mr. Gelinas: One hundred percent of the participants that would be funded, if you grant us this money, will be City of Miami people. And without your funding, at the present time, 32 percent are living in the City. You know, people we're already serving, 32 percent of them are living in the City. But if you give us the hundred thousand, I'll spend every nickel on people that live within the City. Mayor Clark: All right. Thank you, sir. Mr. Gelinas: Thank you. Mayor Clark: All right. Now, we have, representing the South Florida Jail Ministry, Agape Women's Center, Reverend Jose Hernandez. Reverend Jose Hernandez: Excuse me, Mayor. Mayor Clark, Commissioners, first of all, on behalf of South Florida Jail Ministry and the Board of South Florida Jail Ministry and the staff, we want to thank you so much for your support and your commitment to women's issues, especially to those women that have had problems with substance abuse. As you know, we represent here a drug program called Agape Women's Home. It's a residential drug treatment program that has been serving this community for ten years. We have outreach in St. Luke 78th Street - Avenue - Church. We have worked there. We are working in Faith Tabernacle, in Miami Edison, and the Women's Shelter in the Salvation Army area. Our clients from those areas are a hundred percent City of Miami residents. We have, in Agape Women's Home that is in the Goulds area, we have close to 17 percent from the City of Miami. Therefore, we're asking you to consider this program. As you know, we were destroyed by the hurricane. We received a grant from the State of Florida for nine hundred and fifty thousand dollars ($950,000). We have a beautiful property. Mayor Clark, you have been there. You have seen the clients. They are in great need. We don't charge anything for our clients. We are there to serve those individuals that have a tremendous need and have nowhere to go, and we're asking this... the Mayor and the great Commissioners that are here serving the City of Miami to support us and to help us, as you have supported us in the past. Any questions? Mayor Clark: Frank, they have not been recommended, right? 9 May 25, 1995 V, Mr. Castaneda: That is correct, Mayor. Mayor Clark: Well, that will be discussed at anything further from Reverend Hernandez? discuss that. Thank you very much. Reverend Hernandez: Thank you so much. the end of this meeting here today. Is there They don't have a recommendation, so we'll Mayor Clark: Thank you, Carol. The next person to speak concerning social services is Josefina Carbonell, representing Little Havana. She's running late. Commissioner De Yurre: She doesn't want the money as much as... Vice Mayor Plummer: Ha -ha-ha. Mayor Clark: Well, we'll hold her for a while. Vice Mayor Plummer: Right. Mayor Clark: Representing the Haitian Support, Incorporated, Nancy Allen. Is Nancy Allen present? Ms. Nancy Allen: Yes. Mayor Clark: Please identify yourself. You have five minutes to explain your recommend - your program. Ms. Allen: Thank you. Mayor Clark: Pull the mike down a little bit. Ms. Allen: Thank you. Good morning. My name is Nancy Allen, and it is my pleasure to present to you some information on a very important project for the Haitian community of Dade County. Haitian Support, Incorporated is a private nonprofit organization dedicated to improving the lives of Haitian refugees and their families by providing moral and emotional support through a support hot line and diverse educational programs. The project which we are proposing for funding is educational in nature, and will provide needed information to Haitian refugees about life in the United States. Because of low levels of education and literacy, slides and audio tapes featuring Haitian Creole volun... Creole -speaking volunteers, rather, as actors will be used to supplement the classes. Examples of the courses are what to expect at a parent/teacher conference, what to expect if approached by a law enforcement officer, how to use household appliances, and what to expect at a doctor's visit. We will serve about 1800 persons during the first year of this grant. We will establish small classes that will be about one and a half hours long, and that will meet once a week for 12 weeks. Two project managers will teach up to five classes per week, and videos and audio tapes and slides will be used to supplement the information being provided. Those persons who have attended the courses may then be called on to serve in the cadre of volunteers which Haitian Support, Incorporated makes available to social service agencies who need translators, mentors, or persons sensitive to the needs of Haitian refugees and immigrants. During its first month of operation, An Nou Koze, which is a support hot line for Haitians, was able to service the emotional counselling and referral needs of 90 persons. We started with five volunteers and currently have 66 volunteers. We have three phone lines and handle an average of 100 calls per week. We also have a toll free number 1-800-443-2951. The problems faced by the Haitian community are varied and numerous. We receive calls from persons who have serious concerns, who are suffering from 10 May 25, 1995 mental anguish or depression, and who believe that they have nowhere else to turn. We also service those individuals who need information on services available from local, State and Federal government. Children and young adults call An Nou Koze for help with family problems, and questions relating to school policies and problems with their friends. We are closely affiliated with programs and organizations who are sensitive to the needs of the Haitian community, and are often called on to provide emotional support, translations or additional information to their Haitian clients. Please note that the An Nou Koze phone lines were used for special events, such as the Summit of the Americas, and times of political turmoil in Haiti, to serve the Haitian community. We anticipate that our services would be used to disseminate any information of concern for public interest to the Haitian community. We are confident that this is just the tip of the iceberg. The more persons we have answering the phones, and the more phone lines we have available would double or even triple the number of persons to whom we can provide assistance. Mayor Clark: Have they been recommended? Mr. Castaneda: No, they have not, Mayor. This is the... You're the Haitian Refugee Center? Ms. Allen: No. We are Haitian Support, Incorporated. Mayor Clark: Haitian Support, Incorporated. Vice Mayor Plummer: I had that on there, on the list. Mayor Clark: Did you make application? Ms. Allen: Yes, we did. Mr. Castaneda: I'm sorry. You're item number 36, and they are requesting a hundred and ninety thousand dollars ($190,000). We just did not have the ability to fund new programs under this parameter. We are cutting agencies by seven percent. Mayor Clark: OK. Just whether they're funded or not funded. Mr. Castaneda: They are not funded. Mayor Clark: All right. Thank you, ma'am, for your presentation. It will be noted. Ms. Allen: Thank you. Mayor Clark: The next person to speak, representing Cure AIDS Now, Incorporated, Dominick Magarrelli. Mr. Dominick Magarrelli: Good morning. From what I understand from Mr. Castaneda and from the rest of the gentlemen, the Commissioners and the Mayor, all I'd like to say is, thank you very much. Mayor Clark: That was a short presentation. You're welcome. Thank you, sir. Next person, representing the Center Communitaire on Education, a social program, Barbara Howard. Have you been listed, Barbara? Are you listed on the application? Ms. Barbara Howard: No, sir. Mayor Clark: Did you make an application? 11 May 25, 1995 A Ms. Howard: Yes. We... Pastor Gregory is the person listed on the application. Mayor Clark: Have they been recommended or not? Mr. Castaneda: I'm sorry, what is your agency? Ms. Howard: This is... The person who signed for the application, there is an application... Vice Mayor Plummer: Barbara, what's the name of the... Mr. Castaneda: What is the agency name? Ms. Howard: The agency is Center Communitaire de Education. Mr. Castaneda: No, it is not recommended for funding. Ms. Howard: It's not recommended for... The... Mr. Castaneda: They requested fifty-one thousand one hundred and... Vice Mayor Plummer: What item? What number, Frank? Mr. Castaneda: Item number 12. Vice Mayor Plummer: OK. And it's basically an educational, vocational and job placement program. We just did not have any money for new programs, Commissioner, Mayor Clark: Barbara, you can say what you want to for five minutes. Ms. Howard: We just wanted you to reconsider that decision. The Haitian Community Center is a job placement program, an economic development program, and it's the only one of its kind in that area, and we would really appreciate your reconsidering. We've had to request from several of the Commissioners some emergency assistance for them, and I was very happy, and would like to publicly thank Commissioner Plummer and Commissioner Dawkins for coming through for them, and Commissioner De Yurre has promised some funding, and we would like to note, too, for you to really reconsider recommending some funds, if not all of the fifty-one thousand ($51,000), but some funds to the Haitian Community Center. Thank you. Mayor Clark: Thank you, Barbara. Next person to speak, representing Borinquen Clinic, Emilio Lopez. Is Emilio here? Vice Mayor Plummer: Yeah. Mayor Clark: All right. Mr. Emilio Lopez: Good morning. My name is Emilio Lopez. I'm the president of Borinquen Health Care Center. I have requested funds for a social service program, and I know the needs, I know the needs of the community, so we are withdrawing that part of the social services. But we requested funds, and if you want to wait for later on, on the other issue that has to do with capital improvements. Mayor Clark: Well, we're handling it through districts now, so you better wait on it. 12 May 25, 1995 k' i Mr. Lopez: OK. The social services, we withdraw our petition in that, but I would like to come back, then, in the area of the capital improvement. Is that... Mayor Clark: Public facility improvements? Mr. Lopez: Yes. Mayor Clark: All right. Very good. Mr. Lopez: Thank you. Vice Mayor Plummer: Well, wait a minute. I need to know, when you say you withdraw on the social programs, which program in particular? Mr. Cesar Odio (City Manager): We are willing to recommend... He needs mammography equipment. Mr. Lopez: Right, right. The board recommended for us a hundred thousand ($100,000). Mr. Odio: And we are willing to recommend that later on capital improvements. Mayor Clark: All right. Thank you. Thank you, Emilio. Mr. Lopez: OK. Vice Mayor Plummer: Well, wait a minute, wait a minute. So the only thing that was... Number 10 was recommended, but no funding. There was a request, but no funding. Mayor Clark: Under social services. Mr. Castaneda: No. He made two requests, one under social services and one under physical improvements. Vice Mayor Plummer: OK. But the one that he's saying that they withdraw, on number 10, was not recommended. Mr. Castaneda: It's the social services, right. Vice Mayor Plummer: OK. Mr. Lopez: The social services. I know the needs of the residents, and I think we can handle that. OK. Mayor Clark: We got you. We got your schedule. Vice Mayor Plummer: OK. Mayor Clark: On social programs, representing Operation Save Eyes, Incorporated, Camille Merilus. Mr. Camille Merilus: Good morning, Mr. Mayor. Good morning, Commissioners. Mayor Clark: Yes, sir. 13 May 25, 1995 Mr. Merilus: My name is Camille Merilus, and I am the founder and the executive director of Operation Save Eyes, Inc., founded in May of 1991. We have served not just Haitians, but we serve everyone with eye care and other health problems, such as breast cancer prevention program, ...(UNINTELLIGIBLE)... cancer prevention program, and since we are located at Liberty City Health Center Services, we coordinate eye care and all of these health care services for anyone, black, white, Hispanics, et cetera. We have been applying for CDBG (Community Development Block Grant) funding ever since we have been in service, Honorable Mayor, Honorable Commissioners. We have been turned down by Mr. Castaneda ever since. Mr. Castaneda is against our institution. He is against all the good services we are providing to our community. Mayor Clark: Now, don't start that. Mr. Odio: Now, just a minute, sir. Mr. Merilus: Yes, yes. Mr. Odio: Let me tell you something. You should not come here and point fingers at any of my directors. If you have a problem with your funding, address the Commission with the issues, and not Frank Castaneda. Mr. Merilus: OK. The reason why I'm saying that is because he is in charge of the Department of Community Development. That means he is directly working with community CBOs (community -based organizations). OK. So I am here today to ask you to reconsider the decision made by the Department of Community Development to reject us, because these people that we serve, we are the only one to provide these services to them. We work closely with the American Cancer Society to call upon these women to come for mammogram testing every month. We just had one last Friday. So which means we are the one to provide services to these men over 50 years old from our community to ask him to come for prostate screening. Nobody else does that, Honorable Mayor and Honorable Commissioners. So which means we need the money to continue this noble work. But, unfortunately, because we're not the super lobbyists, we cannot get the money from the City of Miami to provide these services to our people. We are calling upon you today to reject the decision which was made before, and to provide us the money that we need to continue this noble work. I have to... (COMMENTS MADE OFF THE RECORD). Mayor Clark: Very good. Thank you. I see it, yes. Mr. Merilus: We are in the City. Why the City choose to do something which is ... (UNINTELLIGIBLE) ... Sohelp us continue the work that we are doing. Mayor Clark: Have you made application to the County for CDBG funds? Mr. Merilus: Yes. The County funds us. We are ... (UNINTELLIGIBLE) ... So that's what we are. We are (UNINTELLIGIBLE) ... today for some money. For four uears we are applying, Mr. Castaneda (UNINTILLIGIBLE). Mayor Clark: All right. All right. OK. Thank you, sir. Thank you very much. The next person to speak under social services programs, Overtown Neighborhood Partnership, Norma Jean Walker. Ms. Norma Jean Walker: Good morning. I'm Norma Jean Walker. I'm the Overtown Neighborhood Partnership community outreach coordinator. Mayor Clark and Commissioners, I'm here this morning to ask for two hundred thousand dollars ($200,000) for a project for 14 May 25, 1995 landscaping and daycare in the Overtown area. These projects will help residents who are 18 years old to become trained in daycare and landscaping. It would also bring the Overtown area... Commissioner Gort: Excuse me, Mr. Mayor. I don't think you're under social services. Ms. Walker: Economic development? Mayor Clark: No. Ms. Walker: OK. It's my first time. Commissioner Gort: Yes, you've got to wait until economic development comes. It's later. Ms. Walker: You want me to come back? Mayor Clark: I told them that the social programs... Don't come back, just wait a round. Ms. Walker: OK. Thanks. Mayor Clark: Social programs, David Powell, Miami Outreach Education. All right. Mr. David Powell: Good morning, Commissioners and Mayor. I'm representing Miami Outreach Education, and that deals with the Special Olympics, and getting a lot of the kids in the Overtown/Wynwood area and Liberty City to participate in these different events that they have year-round for the kids that are handicapped or mentally retarded. We're looking for funding for this to get the kids involved, instead of going to Landmark and other schools that they have - there's a lot of kids that are unidentifiable, that I can't identify - to where we can get these kids in a program and get them to participate, to give them self-esteem and get their families to grow closer together. Also, in this component, we have the Best of the Rest Stars, which has been in existence for seven years in seven states. It's run by Ms. Susan Summons (phonetic) out of Kendall, and Wally Jones, for the Miami Heat. It's a worthwhile program where we can educate kids from eight years old through high school on job training skills for college through education, through conflict and resolution, on how to deal with different things that they face on a day-to-day basis. We're asking for this to be funded so that we can contribute in the Overtown/Liberty City area. It's a very worthwhile program, and as I said, we'll be working under the umbrella of Ms. Georgia Ayers, to help us complete the things that we're trying to do, and she's a very willing participant to work with us in the future, to make sure that we run it properly and getting a chance to fund it. Right now, we're not funded, but we're asking for the City Commissioners and the Mayor to fund us with the Special Olympics, because there's a lot of kids that do need this service. Commissioner Dawkins: Sir, are you seeking funding for yourself, or are you seeking funding for Ms. Georgia Jones Ayers to work with you? Mr. Powell: No. I'm seeking funding for ourselves. Commissioner Dawkins: All right. Mr. Powell: But we're going to be with her, under her building where she's at to... Commissioner Dawkins: See, you must understand that you need funding for you. Mr. Powell: Correct. 15 May 25, 1995 Commissioner Dawkins: OK? You cannot go over to any place expecting to go over with ten dollars ($10) and being able to spend thirty dollars ($30), just because you're tied into another agency. Mr. Powell: OK. Commissioner Dawkins: Now, Mr. Manager. Mr. Odio: Yes, sir. Commissioner Dawkins: We get money from the Federal government or the State of Florida. It's called Handicap - what do we get, the handicap funds that we get? - to provide recreational, training or something for handicapped people? What is that money called? Mr. Odio: Yes, we do, we do. I have to find out. It's through the Parks Department. Commissioner Dawkins: OK. Yes. Mr. Odio: We do get some money. Commissioner Dawkins: All right. We do get money. How money are you talking about? Mr. Powell: OK. For the one project, Miami Outreach Education for the Special Olympics, we're asking for a hundred and twelve thousand ($112,000). Commissioner Dawkins: Well, OK, we can't give you a hundred and twelve thousand ($112,000), OK? Mr. Mayor, may I suggest to the Manager that this gentleman meet with the Manager or whomever the Manager designates, and see if we can come up with fifty thousand dollars ($50,000) earmarked to assist with the handicapped youth to attend this Olympics? And I'm not making a motion, Mr. Manager, because you may not be able to do it. I'm just suggesting that you try to do it. Mr. Odio: Yes, sir. Mayor Clark: Meet with him. All right. Commissioner Dawkins: Thank you, Mr. Mayor. Mr. Powell: OK. And as I said... Vice Mayor Plummer: Mr. Dawkins, what about the grants that they get for the handicapped from the State of Florida? Mr. Odio: That's what I'm going to check. I don't know the amount offhand. It's through the Parks Department. So I... Vice Mayor Plummer: Yeah, I understand that. Mr. Odio: I have to find out how much money. Vice Mayor Plummer: But, you know, there might be an additional grant if we put in an application. Mayor Clark: All right. Will you check back with the Manager, Mr. Powell? 16 May 25, 1995 Mr. Powell: Yes, sir. Mayor Clark: All right. Thank you very much. Mr. Powell: Thank you. Mayor Clark: Under the social programs section, Overtown Community Net (Neighborhood Enhancement Team), Leroy Culver is it? Mr. Leroy Colyer: Colyer. Mayor Clark: Colyer. All right. Now, first of all, we'll start it out like this, Mr. Colyer. Have you made application? Mr. Leroy Colyer: Yes, I have. Mayor Clark: And has there been any recommendation, Frank? Mr. Colyer: No, it was not. Mr. Castaneda: I'm sorry, which program are you... Mr. Colyer: Overtown Community Health Center. Mr. Castaneda: That's correct. Overtown, they requested... Vice Mayor Plummer: What number? Mr. Colyer: Five. Mr. Castaneda: Oh, the Ann Marie Adker Health Center. It's two hundred thousand dollars ($200,000) that they're requesting. Mayor Clark: All right, sir, proceed. Mr. Colyer: Hi, good morning. The more we do, the more we find we must do. Since its beginnings in 1991, the Ann Marie Adker Health Center has treated more than 14,000 people. That is up until April of last year. However, a lot more needs to be done in Overtown. Now, I do not profess to sit here and tell you that every patient we have seen comes from Overtown. They do not. We get patients from West Dade, North Dade, South Dade. Even though I'm asking the City for two hundred thousand ($200,000) to fund a part of the medical treatment facility of it, I cannot guarantee that every person we see will be from the City of Miami. We have always operated under the premise of trying to tell people, "Yes, if you walk through that door, you will be seen." We like for you to have an appointment, but if you can't, we see a limited amount of people on a walk-in basis. The Ann Marie Adker Health Center, like the namesake, Ann Marie Adker, is a center that says, "We want to do what's best for the community." We're trying to, and again, like I said, the more we do, the more we find that must be done. I am asking the Commission to reconsider its decision not to fund the Ann Marie Adker Health Center. We do believe we're providing a much needed service, not only to the citizens of Miami, but also to the citizens of Dade County. Questions, if any. Vice Mayor Plummer: Well, Mr. Mayor, I can't let the record go by without saying, you know, one of the problems that happened here is the same that happened to a lot. When they wanted to 17 May 25, 1995 put the penny on the ballot for the medical services, they refused to put the other half a penny, which would have funded organizations like that, and that's why these people are hurting. Metro had the opportunity where they could have put it on and did not do it, so that's why there's a lot of these organizations out there today that, through the refusal of not putting the additional half penny, killed the whole issue, is why they're here. Mayor Clark: All right. Thank you, Mr. Colyer. You're noted as to your request. We thank you for being here. Under social programs, Douglas Gardens Senior Adult Center, Ruth Wells. Ms. Ruth Wells: Yes. I'm Ruth Wells, the nurse manager and project director of the Douglas Gardens City of Miami Senior Adult Day Center, and I would just like to thank Mr. Mayor and the Commission for helping to keep us in business for the past 19 years. And I would also like to mention that in the last fiscal year, we have enrolled seven members of the Haitian community in our program. Mayor Clark: Very good. Ms. Wells: Thank you. Mayor Clark: Thank you, ma'am. Yes, sir. Commissioner Dawkins: Mr. Manager, the gentleman was at the podium, and I suggested that he get with your staff, what did we do with him? Mr. Odio: I asked Mr. Ruder to meet with him right away. I don't... Commissioner Dawkins: All right. Where is he and Mr. Ruder? Mr. Odio: I hope they're meeting. Mayor Clark: David Powell. Mr. Odio: I told Mr. Ruder to go and look for him. Mayor Clark: Mr. David Powell. All right. Under social programs, Southwest Social Services, Angela Vazquez. Ms. Angela Vazquez: Good morning. I would like to thank you all for your support over the years, but I would like you to remember, I know you have nothing to do with the cut, but if you ever find any money any place, that every mill we lose from the City of Miami, we lose nine mills from the Federal government. Mayor Clark: All right. Ms. Vazquez: So if you find any money any place, please consider us, and we have a waiting list of over 200 elderly right now. Thank you. Mayor Clark: Thank you, ma'am. Under social programs, First Methodist Church. Anatolia Patino. Ms. Anatolia Patino: Good morning, Mayor and Commissioners. My name is Anatolia Patino. I'm at the First United Methodist Church. We feed 100 elderly people every day, and we are going to cut twelve hundred dollars ($1200), and I would like you to consider if it is ossible to keep us in the same amount that we were receiving the past year, seventeen thousand (V7,000). 18 May 25, 1995 M Mayor Clark: Mr. Castaneda, has she been funded? Mr. Castaneda: Yes, she is funded, $15,900. Mayor Clark: All right. Ms. Patino: But we... Mayor Clark: Thank you, ma'am. Ms. Patino: Thank you. Mayor Clark: All right. The Alternative Program, Incorporated, Ms. Georgia Jones Ayers. Have you been funded, Georgia? Ms. Georgia Jones Ayers: Yes, sir, thank you. But... Vice Mayor Plummer: Uh-oh. Ms. Ayers: Unfortunately, I can't tell the people when they come to me, "I can't service you." I'm asking for additional funding. I have been receiving the same funding from you since day one, and I just don't think it's fair for me to put all of my energies into saving this County, and not getting additional funding to do what I'm doing. I don't get one dime from Dade County. All of the work that I do is from the heart. I'm not paid for what I do, and I can't tell these people when they come to my office that, "I'm sorry, I don't have enough money, I can't help you." I do it anyway. I'm on call 24 hours a day. Vice Mayor Plummer: She is. Ms. Ayers: And I just don't think it's fair, when you have problems out there... I know that I'm in the forefront, and I just don't think it's fair to me, as an old woman now - I came when I was a young woman, you've just about worn me out - I just don't think it's fair for me. I take on all the problems. Everything these people up here are talking to you about, I'm involved in it, one way or the other, and I just don't think it's fair for me to be funded at the same level year in and year out. Thank you. Vice Mayor Plummer: Well, wait a minute, Georgia. Hold on, now. How much are you asking for? Ms. Ayers: Tell him what I asked. Frank knows what I asked for. I asked for one million dollars ($1,000,000) to help refurbish the old... You asked me, and I'm going to tell you. Vice Mayor Plummer: Maybe I should have not asked that. Ms. Ayers: Well... Vice Mayor Plummer: No, the point I'm... Ms. Ayers: The location where I am, Commissioner, I have outgrown the old MLK (Martin Luther King) Building. When I moved there in 1987, in the City of Miami, I had a staff of seven. I now have a staff of 40 people. You're not the only one that I get funding for. I try to make everybody, every other County take their load. 19 May 25, 1995 1l Vice Mayor Plummer: The point I'm trying to come up with is, you do get additional funding from the Law Enforcement Trust Fund, don't you? Ms. Ayers: Yes, yes. Vice Mayor Plummer: How much do you get there? Ms. Ayers: About seventy thousand ($70,000). Vice Mayor Plummer: OK. And you get forty-six thousand ($46,000) from us. Ms. Ayers: Yes. 1 Vice Mayor Plummer: OK? Now, where are you getting the rest of the money from? Ms. Ayers: The City and the County. Vice Mayor Plummer: How much are you getting from the County? Ms. Ayers: One eighty-one. Vice Mayor Plummer: So you're getting a hundred thousand ($100,000) from us and one eighty-one from there. Ms. Ayers: Yes. Vice Mayor Plummer: OK. What I would suggest to you is, is try to make the allocation for the trust fund larger. You are aware here that unless you come in under capital improvements, we can't do it from social services. You can't do it. Ms. Ayers: I asked, and I was turned down flatly and... Mr. Castaneda: No, no. She's also coming in asking for a million dollars ($1,000,000), which we're not recommending. Vice Mayor Plummer: But not under social services. That's under a different category. Ms. Ayers: OK. If I can get that, I... OK. The young man that came before you... Vice Mayor Plummer: I'm not saying you're going to get it, but you can't get it here. Ms. Ayers: Well, I'll ask, Commissioner. You can't tell me nothing but no. Vice Mayor Plummer: Well... Commissioner Dawkins: He's telling you no now, but he's telling you in a nice way. Ms. Ayers: Well, I'm still going to... Commissioner Dawkins: He's telling you in a nice way, instead of just telling you no. Vice Mayor Plummer: No, I... Mayor Clark: All right. All right. 20 May 25, 1995 kr Vice Mayor Plummer: OK. I just think that you ought to try to make your allocation, which this Commission controls... Ms. Ayers: I did. Well, I asked for a million, and Frank has been to the building. We have outgrown the space where we are, and he knows that. He told me no. He said it wouldn't work, but I want you to know, as of today, we will be moving in, because I used prisoners from the courts to come in and help rehabilitate that building. However, I can only occupy two of the floors, because there's no elevator there. And if I am putting all of this in to save this County and to save the people from robberies and this kind of thing, I just feel that I should be given more consideration. Thank you. Mayor Clark: All right. Thank you, Georgia. Social programs, African -American Council, David Solomon: Mr. David Solomon: Good morning. David Solomon, with the African -American Council of Christian Clergy Youth Intervention Program. It is a fact that the majority of the inmates are illiterate. It is a lack of education that reduces the options of careers. Sometimes, that extra help can make a big difference, and what we'd like to do is establish a program that will help youth who are having problems, give them one on one help; classroom help, whatever it takes to help them begin to realize that they can be successful in life, and that success and education becomes the cornerstone of success in life. And we think that funding this type of problem will make a great difference in what happens in crime prevention and the overall quality of life in the community. Mayor Clark: Have you made application? Mr. Solomon: Yes, for seventy-four thousand five hundred ($74,500). Commissioner Gort: They are not recommended. Mr. Castaneda: Right. It's item number 2, and they are requesting seventy-four thousand five hundred dollars ($74,500). We are recommending no new programs, Mayor. Mayor Clark: No new programs. All right. Vice Mayor Plummer: Can I establish a record? Mayor Clark: Yes. Vice Mayor Plummer: And you correct me if I'm wrong, that there are absolutely no new programs funded with the exception of two, which are not coming out of the social services money. So let it be understood that there are no additional funds for new programs as it stands in this document we have before us. Is that... Mr. Castaneda: That is correct. Vice Mayor Plummer: OK. So, I mean, you know, sometimes, I don't think people believe that. Mayor Clark: Mr. Gort. Commissioner Gort: Also, I think it would be very important, Frank, that you let the people know what agencies and what services are being provided in each community, because a lot of times, we get duplications. I think it's very important to understand, that the people understand that, what services are in existence that they can take advantage of. 21 May 25, 1995 k.- Mayor Clark: Thank you, Under social services, the name of the agency, FACE (Family and Children's Enrichment) Program, Laura Bethel. Is she present? Vice Mayor Plummer: What number? Mayor Clark: What number is that FACE Program, Frank? Vice Mayor Plummer: Did you apply, ma'am? i Y Y Ms. Laura Bethel: Yes, I did, under the FACE Program. Vice Mayor Plummer: And the name of your organization is? Ms. Bethel: The FACE Program. It's housed at Mount Zion Baptist Church. Mayor Clark: Face, F-A-C-E. Ms. Bethel: Family and Children's Enrichment Program. Vice Mayor Plummer: We don't have it. Could it be by another name? Mayor Clark: You've got Mount Zion Baptist Church on this. Vice Mayor Plummer: You're saying F - as in "Frank" - A-C-E? Ms. Bethel: Yes. Mayor Clark: Yeah. F-A-C-E. Vice Mayor Plummer: We don't have it. Mayor Clark: Did you make application? Ms. Bethel: We did. We complied with all of the deadlines and made the application. Vice Mayor Plummer: Have you been funded previously? Ms. Bethel: Not by this... Not by the City, no. But we are working with local effort, and we need to be funded, because we have some very pressing... Vice Mayor Plummer: Family and... Ms. Bethel: Children's Enrichment Program in the Overtown area. Mayor Clark: Family Enrichment. Ms. Bethel: Ninth Street and 3rd Avenue. Vice Mayor Plummer: Is that under Mount Zion? Ms. Bethel: Yes. Vice Mayor Plummer: Number 53, Mr. Mayor. 22 May 25, 1995 1 Mr. Castaneda: Mount Zion Family Approach... Ms. Bethel: Exactly. Mr. Castaneda: OK. Number 53. Ms. Bethel: Yes. Mr. Castaneda: Four hundred and ninety-two thousand dollars ($492,000). Ms. Bethel: We understand that there are no new programs funded, but we want you to reconsider not funding this program. It is very critical that you reconsider this, even if it's for fifty thousand dollars ($50,000). We are providing services with local efforts. We are volunteering night and day to feed these people and get them into social services such as getting them off of the streets into some housing, providing employability skills and networking to provide HIV counselling, and meals, and we are also tutoring the children and doing parent education programs. We do not think it is fair for you not to consider funding us, at least to the level of fifty thousand dollars ($50,000). We'd like to be reconsidered. Mayor Clark: All right. We thank you. We thank you so much for your... It will be considered. Ms. Bethel: Thank you. Mayor C k: Under the Dominican -American Fund, Rhadames Peguero. Are they present? Unidentified Speaker: Yes. Mayor Clark: Well, please come forward. Give us your name for the record. Mr. Rhadames Peguero: Good morning, Commissioners. My name is Rhadames Peguero, from the Dominican -American National Foundation. Mayor Clark: Let me ask you, did you make application? Mr. Peguero: Yes. Mayor Clark: Under this name, the Dominican -American Fund? Mr. Peguero: The Dominican -American National Foundation. Vice Mayor Plummer: What number? Mr. Castaneda: Item number 23, a hundred and two thousand dollars ($102,000). Mayor Clark: No recommendation? Mr. Castaneda: No recommendation. Mayor Clark: All right. Mr. Peguero: I'm just here to ask you to follow the board recommendation. We were recommended for funds for the neighborhood . We've been working in Allapattah for the last five years. It's a very depressed area. We do need help in order to continue doing our social programs over here. I would appreciate your time and your consideration. 23 May 25, 1995 o.— Mayor Clark: Thank you, sir. Thank you very much. All right. Next in the social program, Toddler Educational Learning Center, 3000 Biscayne Boulevard. You got that listed, Frank? Vice Mayor Plummer: What number? Mayor Clark: Toddler - I don't have any numbers on here, just the name - Toddler Educational Learning Center. T-O-D-D-L-E-R. Vice Mayor Plummer: Seventy-two, Mr. Mayor. Mayor Clark: Thirty-two... Seventy-two. Mr. Castaneda: Seventy-two, a hundred and four thousand four hundred dollars ($104,400). Mayor Clark: Diane James. Yes, ma'am. Ms. Diane James: Good morning, Commission. Mayor Clark: Have you made application? Ms. James: Yes, we have made an application, and no, we have not been recommended. However... Mayor Clark: Is this your first year? Ms. James: Yes, this is our first year. Mr. Castaneda: We are recommending no new programs. Mayor Clark: I hope that everyone understands what Commissioner Plummer said a while ago. We are funding no new programs this year. Ms. James: Yes, Commissioner Plummer, I do understand that. However, there is an employee office in the next building that is located next to me, 3050, that are looking for child care and preschool services which we offer. There is a great need in that area. There is another preschool in the area, however, they have a waiting list of over 200. OK? And I am aware that there are no funds available in CDBG, however, I am aware of other monies - for instance, like discretionary funds - that I'm urging that you would highly reconsider us... Vice Mayor Plummer: Wait, wait, wait a minute. So that nobody goes away with a misconception, what is discretionary funds? Ms. James: Well, other funding areas. Vice Mayor Plummer: Such as? Ms. James: Monies that are not noted, is what I mean by "discretionary." They may be... Vice Mayor Plummer: What are you talking about? Ms. James: There may be monies... Vice Mayor Plummer: Because you obviously know something I don't. 24 May 25, 1995 Ms. James: Plummer, Commissioner Plummer, please, if you would allow me to speak. Vice Mayor Plummer: Yes, ma'am. Ms. James: There may be monies in other areas that may, you know, that we may not be aware of, or other people may not be aware of that maybe you can maybe take and donate to the program is what I mean by that. Vice Mayor Plummer: Are you finished? Ms. James: Yes. Vice Mayor Plummer: OK. Just so you understand, under Federal regulations, this Commission is maxed at 15 percent, period. Ms. James: Yes. Vice Mayor Plummer: We cannot exceed 15 percent. Your program fits into this category. We cannot fund... Ms. James: OK. Other... Vice Mayor Plummer: Let me finish now. Ms. James: Mm-hmm. Vice Mayor Plummer: We cannot fund it from any other source of these grant funds. All right? And if we were to take an give you money, then we've got to take it from one of the existing programs which are being cut seven percent today. So, you know, I only made it on the record for the point that everybody understood the dilemma that this Commission finds itself is that everybody is being cut seven percent, and there are no new programs. But any new program would have to take money from an existing program, because you cannot exceed the 15 percent under any circumstance. Ms. James: I do understand that, and if you would allow me to continue. For instance, like in State monies... And there are monies... What I also meant by "discretionary," for instance, the employee service that has asked me do have monies set aside and are available, and that is what I am, you know, what I'm coming here and I'm asking. Commissioner Gort: I wish you could do me a favor. If you could let me know where those funds are at, because that's what... Ms. James: I will be happy... I will be happy to meet with each and every one of you... Commissioner Gort: Point it out. No, no, just it out. Ms. James: ... and I'll be able to pinpoint, you know. Commissioner Gort: Well, you're on the record right now. Why don't you point out where those funds are at so we can go after them. Vice Mayor Plummer: We'd like to know right now. 25 May 25, 1995 1 -- Ms. James: OK. For instance, like I did state to you, the funding... There is a program right next door to me. It's a City program, it's one of your programs. The employee service is there. There are monies there that can be applied to this program. Vice Mayor Plummer: That are being used. Mayor Clark: What is the program? Ma'am, ma'am, what is the program? Mr. Odio: I think she's talking about our daycare centers. Vice Mayor Plummer: Yeah, but those funds are presently being used by the City to provide this service. So what you're saying is, if we give you the money, we've got to take it from the City's program, which is a daycare program, also. Mr. Castaneda: And close our daycare. Ms. James: OK. Vice Mayor Plummer: But wait a minute. Ms. James. No. No. Vice Mayor Plummer: I don't understand. But if that's what she's referring to as discretionary funds, how do you take it from one daycare program... Mr. Odio: Commissioner, I think she has... Vice Mayor Plummer: Well, please straighten me out. Mr. Odio: ... misunderstood the terminology. If you... What she's saying is we do have a program next to hers... Ms. James: Yes. Mr. Odio: ... that is funded by us, and she wants us to take money from there and put it over there. We can't do that, ma'am. In fact, we just raised the fees, to be able to keep the daycare centers open. Mayor Clark: All right. Ms. James: OK. Mayor Clark: Thank you, Ms. James. Ms. James: Thank you. Mayor Clark: Little Havana Activities Center, Josefina Carbonell. Vice Mayor Plummer: She's here now. I saw her. Mayor Clark: I saw her earlier, yes. Vice Mayor Plummer: Yes. 26 May 25, 1995 Ms. Josefina Carbonell: Good morning, Mr. Mayor and Commissioners, Mr. Manager. First of all, we want to thank you for the opportunity to have been of service to the City residents in this past year, and we know this is going to be a very challenging year, in what lies ahead both at the =r�:;^' ` Inte, and, of course, at the local picture. We are proud to have served in the last 32,000 meals in four sites in the City of Miami, at Saint Dominick's, Smathers, Peters Plaza, and the Blight Program, and have serviced over 1900 unduplicated clients in the City of Miami. Also, we want to thL k you for the matching funds that we have received for the Pro Salud Primary Health Care Clir-c which go to match federal funds, and we've been able to serve over 1,095 clients, City residents, which encompassed the only primary or the only public primary health care clinic in the Little Havana area that is growing very much. We have requested additional dollars for this year. We understand the economic situation of the City, and the tightness of budgets that are going around, and we welcome the opportunity, if additional dollars are identified, to be able to expand. We requested the same amount of dollars for the primary health care clinic for next year, because we were able to secure more Federal funds, but we ask your reconsideration on the regular meal programs, because these are matching funds, so therefore, any cuts that are received, whether 6.9 or more, will directly impact the direct services for the elderly clients. Mayor Clark: Thank you, Josefina. You're doing a great job down there. We're going to do the best we can. All right. The next one of the two persons, Marlene Arribas or Ruth Quese (phonetic), one of the two, concerning the Hispanic Coalitions. One may speak. Ms. Marlene Arribas: Good morning, Commissioners, City Manager. I want to thank you for supporting us in the past, and I hope you continue to support our services. Because of the new cuts and the new rules and regulations in the immigration laws, we have seen over 10,000 people in the last four months in our office. And in our job placement program, we completed our contract within three months, putting people to work. So I would like to thank you once again, and I'm hoping for your continued support. Mayor Clark: Thank you, ma'am. Haitian -American Civic Association, Ricot Fertil. Mr. Ricot Fertil: Good morning, Honorable Mayor and Commissioners of City of Miami. My name is Ricot Fertil, and I am executive director of Haitian -American Civic Association, Inc., HACAI, which is located at 8340 Northeast 2nd Avenue, Suite 235. On behalf of HACAI, a nonprofit organization which has been successfully providing child abuse prevention service for more than 20,000 families for the past four years. I have the honor and privilege to appear before you today to thank you for your continued support to the Haitian -American Civic Association. Due to your support, Commissioners and Mayor, we have been able to convince approximately 100 youth from becoming first time criminal offenders. Also, most of the families who are participating in our parenting educational skill classes have become more sensitive to the need of their children and to care for them. In addition, they have decided to change their attitude about how to punish their children. Commissioners, since we are the sole agency that provide child abuse and crime prevention in the Haitian community, the neighborhood clients refer to us on a daily basis exceed our handling capability. We also come here today to urge you, Commissioners, Mayor and staff of City of Miami to support us again this year, so we can continue to provide different services in the Haitian community. Thank you very much. God bless you all. Mayor Clark: Thank you, sir. Now, have all the persons filled out a slip on social services? j You haven't filled out a slip... I only have one left, and that will be... We'll go to the next item after that. The next person, representing Centro Mater, Miriam Roman. Ms. Miriam Roman: My name is Miriam Roman, Centro Mater, 418 Southwest 4th Avenue. I would like to thank you, the Commissioners, for the past help throughout more than 25 years, 27 May 25, 1995 and I know these are very difficult times, and very worse times for child care nationwide. The only thing I would like to ask is if other funding are available, you can help us to identify, mostly for the after school and teenage prevention, we'll be very happy to be able to continue serving our youth in the Jose Marti Park as this previous year, because this program has been very successful, and has really reduced criminality in the area, and we would welcome any way to continue the program at the same level. Thank you. Commissioner Gort: Mr. Mayor. Mayor Clark: Thank you, ma'am. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: In reading through some of these applications, I see a lot of the social services programs for crime prevention. I think - I don't know if the people are aware - they can also go to the Police Trust Fund, and there's other sources. If you have police crime prevention programs built in with the social services, there are other sources where you can also apply. Mayor Clark: All right. Thank you. Vice Mayor Plummer: Well, Mr. Mayor, I think another thing that you got to put on the record, and that is that we have this year to allocate two million fifty-six thousand dollars ($2,056,000). That's the total amount of money that Federal people will allow us to dedicate to social service programs. Now, you ready for the shocker? The requests, only the requests that are before us today, amount to - I feel like a telethon - nine million eighty-seven thousand dollars ($9,087,000). Almost... Mayor Clark: J.L., that's one part of it, but the total program... Vice Mayor Plummer: No, Mr. Mayor, I'm talking only about social services. Mayor Clark: Yeah, but the total program is forty-three million. dollars ($43,000,000) in requests, when you only have twelve million dollars ($12,000,000) to give out. I think that's a tragedy. Vice Mayor Plummer: Well, it's about the same ratio. Mayor Clark: That's it. Vice Mayor Plummer: But, I mean, people have to understand that, Mr. Mayor. They don't want to understand it, and I don't want to understand it, but our hands are tied. Mayor Clark: Reverend Jean Remelus with Little Haiti Youth. Reverend Jean Remelus: Good morning, ladies and gentlemen, Honorable Mayor. My name is Reverend Jean Remelus. I'm representing Little Haiti Youth Development Center. It's been four years since we are very active in the Little Haiti area, providing services to the youth. On my 25 years on the state, I wonder why we are, Haitians, the least one on the list that never get, really, a piece of the pie. Mr. Castaneda: I'm sorry. What is your agency? 28 May 25, 1995 Reverend Remelus: Little Haiti Youth Development Center. We are dealing with young people. As a boy scout master, I know what it takes to help the young people. Mr. Castaneda: Forty-three. Reverend Remelus: Very often, we're talking about crime in the City, but you don't realize that in order to fight crime, you've got to take it from the roots. Any dropout will commit a crime, Mr. Mayor and Mr. Commissioners, but if the guy have a bachelor degree, if he got a Ph.D. degree, he's not going to commit any crime, because he got self-esteem, he's got prestige, he's got something to look for. So our program is a social program dealing with dropouts, counselling youth program, in order to keep the young people in the proper framework to be a better citizen to serve the City. Ten years from now, you, Commissioners, you, Mayor, you're not going to be here. The young children I have, 15 years old, in my hand, that's the ones who are going to take over. If we don't properly prepare them to take over, to do a proper and decent job to the City, we've already lost the City of Miami already. Thank you very much for your support. Mayor Clark: Thank you, sir. Reverend Remelus: We are asking only for three hundred thousand dollars ($300,000). Thank you very much. Mayor Clark: Thank you, Doctor. Thank you, sir. Guy Gerald Victor, Haitian Refugee Center. I hope that everyone under the category of social programs made an application. This is the last one. Then we go to economic development after that. Yes, sir. Mr. Guy Gerald Victor: Mayor Clark, City Commissioners, City Manager, City Clerk, good morning. I would like to thank you for giving me the opportunity to present you this project. The title of the program is Social Integration Project for Haitians. It's a project that will begin with approximately 70 families and about 280 individuals. The primary service to be provided, educational and vocational counselling program to low and moderate income Haitians living in Miami for less than five years. The target areas is Little Edison River and Model City areas. The Haitian Refugee Center has been providing services for the Haitian Community for the last 15 years. The Haitian Refugee Center is a trusted organization in the Haitian community that is in a unique position to provide social and employment service to its constituency. Only in the year 1994, 16,000 clients have been served by the center in the immigration area. The purpose of this project is to provide initial social integration needs, assessment, acreditation training to assist assimilation, referral to appropriate agencies, and job placement. The contrast between the American culture and the Haitian culture is significant. Many persons who have fled to the United States have a difficult time understanding this new living situation, and an even more difficult time finding employment. Social integration and training is essential to maintain intact Haitian families. Employment is crucial to the economic well being of families and the strength of the neighborhood. Haitians who are economically and personally self- sufficient do not use the public resources of the community. Haitians who are employed contribute to the economic stability of the City of Miami. The City of Miami is enhanced by the presence of a stable Haitian population. Haitians are familiar with the center, and feel comfortable there, when dealing with receptionists, social worker, job developer, counselor, who are dedicated and familiar with their problems. This grant will allow the respected Haitian organization to provide services which will have a significant impact on the lives of the Haitians and upon the economic stability of their community. These services are vital for the Haitian community, and must be provided to ensure that the Haitian community is viable and stable. For the last 15 years, the Haitian community has been working hard, providing services without the help of neither the City, the State or the Federal government. So this is why this year we are coming to ask the City to help us. Thank you very much. 29 May 25, 1995 1 Mayor Clark: Thank you, sir. We're now moving out of the social program section to economic development. Vice Mayor Plummer: Mr. Mayor. Mayor Clark: Yes, sir. Vice Mayor Plummer: Prior to your starting, you folks have sent me to do a job called mission impossible, and I would want my other two colleagues to be here, and that is in the International Trade. Charity starts at home. During the problem of economic problems - and the Manager, I congratulate for doing a tremendous job - has found it really difficult to fund the ITB (International Trade Board). I am asking that consideration by this Commission be given that we have the availability in ITB to make a grant to the Federal government for their kind of activities for a hundred thousand dollars ($100,000), but we must match that grant with our own monies of two hundred ($200,000). 1 would ask that this Commission would give consideration - and I will make the motion - that the two hundred thousand dollars ($200,000) be allocated from this source. According to Mr. Castaneda, that's where it would have to come from. He didn't say he recommended it, Mr. Manager. Don't get upset. Mr. Odio: (COMMENT OFF RECORD). Vice Mayor Plummer: Not yet. We'll fire both of you, don't worry about it. And that we take and make application for this grant. Needless to say, if we do not get the grant, then this allocation would go back into the fund of the City. I will assure my fellow colleagues - I have called the first meeting for next week - that we are going to, and understand, we are going to cut ITB to the bone. But we've got to have some funds to operate on, so that we can, hopefully, accomplish what this Commission had recommended, and that is that within a one-year period, that ITB would be funded by the private sector. So I will be making, or I'll make it at this particular time, Mr. Mayor... Commissioner Dawkins: Under discussion. Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: It was a thought in the recommendation of the Manager that ITB be disbanded, in that there was no money to fund the ITB operation. What did the operational amount, J.L., for ITB itself, what was that for last year? Vice Mayor Plummer: Well, Victor can tell you closer, but I think it was about three -forty. Victor, am I correct? The operational cost. Commissioner Dawkins: Operational cost of ITB. Vice Mayor Plummer: Yes, sir. Commissioner De Yurre: That included monies that were given up for different purposes and programs and things. It's not salary, per se. Commissioner Dawkins: OK. All right. Total, Mr. Frank Castaneda, or through the Manager to Frank, what is the total amount of monies that were placed in the account called International Trade Board, the total? Mr. Odio: Nine hundred and eight -seven thousand dollars ($987,000). 30 May 25, 1995 Commissioner Dawkins: Thank you. Now, of that nine hundred thousand ($900,000), Mr. Manager... Vice Mayor Plummer: Six hundred went... Commissioner Dawkins: ... how much of it went to directly fund ITB operations? Mr. Odio: I believe you have to deduct about two hundred thousand dollars ($200,000) from that, and you end up with seven -eighty, around seven -eighty ($780,000). Commissioner Dawkins: Hmm? Mr. Odio: You takeout... You have to take out CAMACOL and Brigade 2506. Commissioner Dawkins: OK. And Dorothy Baker. Mr. Odio: ... which is two hundred thousand dollars ($200,000). Commissioner Dawkins: And Baker, and Dorothy Baker, fifty thousand ($50,000). Mr. Odio: So that's... And Miami -Dade, yes. Commissioner Dawkins: OK. So that takes out how much? Mayor Clark: Takes out about three hundred thousand ($300,000), doesn't it? Vice Mayor Plummer: They're out of three hundred thousand dollars ($300,000). Mr. Odio: Around... You have to... Commissioner Dawkins: So you take three hundred ($300,000) from six... from nine hundred ($900,000), and they got six hundred thousand dollars ($600,000). Vice Mayor Plummer: When other, where? Mr. Odio: Six hundred and eighty thousand ($680,000). Commissioner Dawkins: Now, now we see we don't have that. Now, Commissioner Plummer says, "Come up and give me three hundred thousand ($300,000), and I can run it." Vice Mayor Plummer: No, no, no. Mayor Clark: He said two hundred thousand ($200,000). Commissioner Dawkins: OK. No, tell me... Vice Mayor Plummer: Oh, wait a minute, no, he's right. He's right, he's right. Commissioner... Commissioner Dawkins: He's saying three hundred thousand ($300,000). He said, "Give me a hundred, and I'll apply for a grant for two hundred ($200,000)." Two and one is three. Vice Mayor Plummer: Just in... Just in reverse, Commissioner. What I'm saying is that the Federal grant potential is one, one hundred thousand ($100,000), but the requirement and 31 May 25, 1995 mandate is that you have to match it with two. Now, to say that we could operate for less is probably true, and I have given you my pledge that that's the only way that it will happen, if you want me to try to do it. Now, the point I'm trying to make is you cannot make the application for less. That's what the application is. Now, it's up to you. If you all want it... I think it's important to this community to have international trade. Commissioner Dawkins: It's no more important to this City than to have everything else we have cut. Do not put Miller Dawkins on the spot as saying Miller Dawkins is anti saving the City of Miami. OK? Vice Mayor Plummer: I would never say that. Commissioner Dawkins: OK. Well, I mean, but this is the way it's coming out across there to the people watching it on TV. Mayor Clark: Well, I think what you should do... Commissioner Dawkins: What I'm saying is that I don't see how the Manager can recommend that we fire everybody he fired, we lay off everybody that he laid off, and then you come back and want... an operation that he says you do not need, you give it three hundred thousand dollars ($300,000). I don't see how. Mayor Clark: Let me make a suggestion, fellows. Vice Mayor Plummer: Sure. Mayor Clark: Let's just postpone this for a while and let's go back to the meeting here. Commissioner Dawkins: Oh, no, no, no. I'm going to go along with J.L., Mr. Mayor, because if J.L. says he's going to cut it, and it gets to the point where it's not going, I can come back here and say, "Well, J.L., it's not going that way," make a motion, and he'll second the motion, and we'll wipe it out. I don't have a problem with it. Vice Mayor Plummer: OK. I'll make the motion, just... Mr. Mayor, because I think it's important, when you're developing in this particular segment of economic development, that we know what we got to work with. And I'll make a motion at this time that a reserve be allocated for two hundred thousand dollars ($200,000) for the potential of the Federal grant. Commissioner Gort: This is on economic development. Vice Mayor Plummer: Economic development. And here again... Mayor Clark: All right, OK. Vice Mayor Plummer: ... if the grant is not forthcoming, Mr. Mayor, then this money will go back into the pot. Mayor Clark: All right. Very good. It goes back, great. Vice Mayor Plummer: I so move. Commissioner De Yurre: OK. Second. Commissioner Dawkins: I second the motion, and under dis... Oh, go ahead. You second? 32 May 25, 1995 V, Commissioner De Yurre: Yes, I did. Commissioner Dawkins: All right, under discussion. How many personnel are you talking about now? Vice Mayor Plummer: We're talking eight presently that are there now. Commissioner Dawkins: See, no, I can't go for that. Vice Mayor Plummer: No, no, that's what... You asked me what's there now? Commissioner Dawkins: Then you're doing nothing, J.L., but retaining what's there. Vice Mayor Plummer: Absolutely not. You asked me what's there now. What you should have asked me... Mayor Clark: Well, listen, listen, wait a minute. How many are you going to have? Vice Mayor Plummer: I think, Mr. Mayor, at least 50 percent of those will be gone, if not more. Commissioner Dawkins: Fifty... Oh, so you're talking about operating with four. Vice Mayor Plummer: That's correct, sir. Commissioner Dawkins: Oh, you said eight. Vice Mayor Plummer: No, eight... You asked me how many are there now. Mayor Clark: Eight at the present time. Commissioner Dawkins: No, I said how many are you going to have there after we... Mayor Clark: He misunderstood you. Vice Mayor Plummer: It is my desire, after we can put this thing together, to have no more than four people there. Commissioner Dawkins: All right. Now, their contract runs out with this fiscal year. So therefore, you're saying at the beginning of the fiscal year, you'll have four people. Vice Mayor Plummer: Nope. No, sir. Commissioner Dawkins: What are you saying? Vice Mayor Plummer: I'm saying before that, because every one of those contracts has a 30-day cancellation clause. Commissioner Dawkins: OK. All right. Vice Mayor Plummer: OK? Commissioner Dawkins: OK. I... No further questions. 33 May 25, 1995 4>- Vice Mayor Plummer: And I assure you that right off the bat... Commissioner Dawkins: I'll take you at your word. I'm through with that. Mayor Clark: All right. Call the roll. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-408 A MOTION AUTHORIZING THE INTERNATIONAL TRADE BOARD TO SUBMIT A FEDERAL GRANT APPLICATION FOR $100,000, SUBJECT TO THE CITY PROVIDING A $200,000 MATCHING FUND REQUIREMENT, FROM AN IDENTIFIABLE SOURCE, WHICH WILL BE HELD IN RESERVE PENDING APPROVAL AND RECEIPT OF SAID GRANT AMOUNT; FURTHER STIPULATING THAT IF THE CITY DOES NOT RECEIVE SAID GRANT FUNDING, THEN THE MATCHING AMOUNT WOULD RETURN BACK TO THE CITY'S COFFERS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Dawkins: And they do need some people to do international trade in Africa. Vice Mayor Plummer: Sir, you put it to that board, and we'll be looking at you. Commissioner Dawkins: No, I don't have to put it to no board. I'm putting it to you, the Chairperson. Vice Mayor Plummer: You got it. Mayor Clark: All right. Commissioner Dawkins: All right. Mayor Clark: All right. Economic development, Bill Rios, Wynwood. He's not here? Vice Mayor Plummer: No, he's here. Mr. Bill Rios: Commissioners, Mayor, my name is Bill Rios. I'm the executive director of the Wynwood Community Economic Development Corporation. Thank you for having me back after an absence of two years. I'm here to request funding for both the Wynwood Community Economic Development Corporation's administrative funding, and monies for our housing development project. For the last 15 years, Wynwood Community Economic Development 34 May 25, 1995 k- Corporation has been funded... For the last two years, we have not been funded, and unfortunately... Commissioner Dawkins: Can I cut you off, Mr. Rios? Mr. Rios: Yes, sir. Commissioner Dawkins: May I cut him off, Mr. Mayor? I'd like to, as past experience, I want everybody up here to understand. Listen closely and respond accordingly, because when you hear it again or see it in the paper, it won't be like you're saying it up here. Go ahead, Bill. Mayor Clark: All right. That's a little in-house joke. Go ahead. Mr. Rios: Thank you, Mr. Mayor. At this time... Vice Mayor Plummer: In-house or an out house. Mayor Clark: Come on, now, let's carry on. People here, you're wasting their time. Mr. Rios: Thank you, Mr. Mayor. Commissioners and Mayor, we're asking for funding for the Wynwood Community Economic Development Corporation, both for a housing program that we're trying to undertake... Mayor Clark: Have you made the request? Mr. Rios: Yes, sir, we have. Mayor Clark: What's the amount? Mr. Rios: Seventy-five thousand ($75,000) and seventy-five thousand ($75,000). Mayor Clark: What have you recommended? Mr.Odio: Zero. Mr. Castaneda: Zero. Mayor Clark: Zero. OK. Go ahead, if you want to continue. Mr. Rios: Yes, I do. For the last 15 years, Wynwood Community Economic Development Corporation has been funded by the City to do economic development in the community of Wynwood. For the last two years, we have not been funded, and there has been no economic development taking place in the community of Wynwood. We have projects that have been underway that were let go, and we have resolved a lot of the issues, you know, graciously, with the City Commissioner, and with the City Administration, and we'd like to get back Wynwood into developing the community of Wynwood by providing economic development assistance to the community. And at this time, we would like to strongly suggest that you reestablish economic development initiatives in the community of Wynwood through the Wynwood Community Economic Development Corporation. Mayor Clark: All right. Thank you. Any further comment? Mr. Rios: Thank you. 35 May 25, 1995 s 1 Mayor Clark: Thank you, Mr. Rios. We'll take that into consideration. Claudette Freeman, Haitian Organization of Women, on economic development. Vice Mayor Plummer: Item 15. Frank, I'm going to ask you, before she starts. She's asking for a revolving loan fund for Micro... Mr. Castaneda: Enterprise, correct. Vice Mayor Plummer: ... Enterprise. And now, we see down here in item number 20... Mr. Castaneda: Right. Vice Mayor Plummer: ... that Miami Capital is asking for a Micro Enterprise fund, also. Mr. Castaneda: That's correct. That's correct. Vice Mayor Plummer: So this would be a duplication of that? Mr. Castaneda: In our opinion, it would be. Vice Mayor Plummer: OK. Well, you didn't say it. I had to dig it out, so that's why I'm asking. Mr. Castaneda: Oh, no. Well, I'm sorry. Vice Mayor Plummer: Thank you. Mayor Clark: Good digger. You're a good planter, too. Yes, ma'am. Ms. Claudette Freeman: Yes. We are asking to bring our service from Homestead to the... Mayor Clark: You're Claudette Freeman? Ms. Freeman: Yes, I am. I'm sorry, I didn't introduce myself. We're asking to bring our services from Homestead, and to replicate what we've done there in the little Haiti area. We have a big difference between what we do and what Miami Capital Development do. Miami Capital Development loan money. We loan money to people and help them become entrepreneurs, help them to make their enterprise an effective business so that they can get themselves off of the welfare rolls, so that they can become productive citizens. We also do things differently in the area that we provide what - the Micro loan program called Services Plus - human capital development. It's a lot more important, and it's a lot different from just giving someone some money. Most of the people we serve are grass roots people who have very, very small businesses, five hundred dollar ($500) businesses, and they need more than money. They need to know how to keep this business afloat, how to stay economically solvent, and how to manage what they have, in order to become a productive enterprise. I think we offer a little more than Miami Capital Development, and I think what we offer is very important, especially when your population is grass roots people. Mayor Clark: You actually loan money to people? Ms. Freeman: Yes, we do. We actually loan poor people, who have zero income, five hundred dollars ($500), and we get out there in the community with them, and help them start a business on that five hundred dollars ($500). We pioneered this concept in Dade County with a small loan from... with money from the Dade Foundation. We were the first to do it, especially with the human capital development piece. And so we've had... We've been very successful. We're highly successful, as far as Metro-D bed is concerned. 36 May 25, 1995 1N Mayor Clark: What's your recommendation, Frank? Mr. Castaneda: Commissioners, we are already funding Miami Capital Development, Inc. Miami Capital is the lending arm for the City of Miami, where we believe that that would be duplicitous in services, and therefore, we are not recommending this program. Mayor Clark: All right. Thank you, ma'am. Thank you very much. Oliver Gross, Urban League. Oliver Gross. 1 i Unidentified Speaker: He was here somewhere. Mr. Oliver Gross: Here. Mayor Clark: Come forward. Give us your name, please, for the record. Mr. Gross: Good morning. Oliver Gross. I'm on behalf of the Urban League of Greater Miami. Let me catch my breath a second. I'd first like to say to the Commission and to the Administration, thank you for the recommendation for housing effort. We also made an application for some funds for economic development as part of our back to basics concept which was enacted by our board at our last annual meeting to redevelop and redesign the 15th Avenue Corridor. In conjunction with the Urban League's holistic approach at developing our target area, our child development zone, we think that the redevelopment and redesign of 15th Avenue is important in terms of stabilizing the tax base in an area that is clearly blighted. We think it goes a long way toward beginning to involve other sectors of the community. We have formed some partnerships, not only with the City of Miami, but both Dade County and some other private entities in pursuit of, again, trying to reestablish and stabilize an area that for so long has been neglected and blighted. We think that with what's happening at Northwestern and along the 7th Avenue corridor, that it begins to kind of mesh, again, the overall effort of economic development and community development in Liberty City, and I would ask that you would reconsider that. i Mayor Clark: Thank you, sir. Mr. Gross: You're welcome. Mayor Clark: Thank you very much. Next person, economic development, New Woman Enterprise Center, Selma Billingsly. Is she present? Ms. Selma Billingsly: Yes. Good morning, gentlemen. My name is Selma Billingsly. This is Bettina Rodriguez-Aguilera, and she is going to speak first. Mayor Clark: Only one person speaks. Go ahead. Ms. Billingsly: Oh, only one person speaks. Mayor Clark: Yeah, one person. Ms. Billingsly: I'm representing the New Woman Entrepreneur Center. I am on the board as secretary, and what we do is, we provide women, as well as gentlemen, the opportunity to establish their own business. We supply office equipment to them, as well as office space, rental. We help them acquire their occupational licenses, so forth and so on. I'd like to say that we-pres-ently- have had -the success of having four of our offices rented. One is Nursing Care of America, a Hispanic- female; the other -one is CGA, also _Hispanic _female, which- is an 37 : May 25, 1995 immigration service. I'm sorry. And we do have - sorry - Advanced Business Systems, and that is owned by a black male. So we don't discriminate. We hold seminars which help get the information to the people in related fields, and I would sincerely appreciate... I, myself, am starting a secretarial service, and if it weren't for the help of Ms. Bettina Rodriguez and the center, I would never have gotten it off the ground. All I had were ideas, and no money, and there, I was able to, with basically no money, start my business. And I see a lot of vision for the center as far as helping women, as well as men, to establish their business. Mayor Clark: All right. Thank you for your input. Frank, there's no recommendation? Mr. Castaneda: Right. They submitted four proposals. We're not recommending any new programs, and this is a new program, Mr. Mayor. Mayor Clark: Thank you, ma'am. Bettina Rodriguez-Aguilera, New Woman Enterprise. Oh, that was you. Ms. Bettina Rodriguez-Aguilera: Yes. Thank you. Mayor Clark: Only one person on this subject, but you hurry it up. Ms. Rodriguez-Aguilera: Yes, sir. I would like to add to what Selma was saying. This is the second year that we have requested funds from the City. Last year, we... the City, the Commissioners voted to find - to try to assist us in finding funds elsewhere for sixty-five thousand dollars ($65,000), but we have not been able to do so yet. And the uniqueness of this center is that although loans are necessary, we have a premise that you can start many, many businesses without any money. And we have not only said that, we - and Selma is one of them. There are five businesses at the center that have started without any money, because businesses can be started with home base, as long as you give the person technical assistance, and also assistance in how to then get monies from Miami Capital and other funding agencies, since we are located inside an enterprise zone. So at this point, what I would like to see is if you can please make a reconsideration for funding for the New Woman Entrepreneur Center. Mayor Clark: All right. Thank you, ma'am, for your appearance. Charles Stafford, St. John CDC (Community Development Corporation). Mr. Castaneda: St. John CDC is recommended for funding. Vice Mayor Plummer: CD... Number 29 is not recommended. Mr. Castaneda: It is. Vice Mayor Plummer: Excuse me. Are we talking about under economic development? My number 29 is St. John Community Develop Corp. Mayor Clark: He also is... J.L., he's also under housing, but I called economic development. Mr. Castaneda: No, no. Commissioner, let me explain to you. Ones that have double asterisks and that, let me explain what this means. Vice Mayor Plummer: Yeah, please. Mr. Castaneda: OK. What we did was that all the agencies under economic development, per directive from the City Commission, are funded based on productivity. At the time that this item was prepared, we did not know what the productivity .was going to be for the fiscal year. We set _ - 38 _ - May 25, 1995 aside seven hundred and thirteen thousand seven hundred and fifty dollars for this spot of funds in which agencies would be funded based on productivity. St. John Community Development Corporation would be getting fifty-two thousand five hundred dollars ($52,500), based on the productivity of this fiscal year. Vice Mayor Plummer: Are you telling me this has now gone - which sounds good - to an incentive program, the ones that do better get more money? Mr. Castaneda: That's correct, Commissioner. Vice Mayor Plummer: Finally. Mayor Clark: All right. Are you satisfied? Vice Mayor Plummer: Never. Mr. Charles Stafford: Yes, sir, but I'm here also to speak on behalf of the housing portion as well. Mayor Clark: Well... Commissioner Dawkins: What are we on now, please? Mayor Clark: We're on economic development. He wants to speak on housing. Go ahead and say your... Commissioner Dawkins: On economic development? Mr. Stafford: OK. Well, first of all, my name is Charles Stafford. I'm the executive director of the St. John CDC. I bring you greetings from the board of directors as well as the staff there at the CDC. I would like to extend our appreciation to the City of Miami for allowing us to get involved with the facade program. This is our first year involved with the program, and as you know, we have exceeded our goals there, and as of today, we have exceeded those goals, and as of the end of this fiscal year, those goals will be exceeded even further. But my main concern is to plead to the City Commission to reinstate the ninety thousand dollar ($90,000) funding level for housing, as opposed to de -funding us to fifty thousand dollars ($50,000). We are in the process, however, of putting together some programs, Mr. Mayor, that would tend to help us become self-sufficient in the future. But until that time, until that comes to fruition, we need to continue to plead with the City of Miami for additional fundings, especially at the existing level of ninety thousand dollars ($90,000). And I certainly hope that you will give that some serious consideration for us. Mr. Castaneda: Commissioners, basically, in the housing area, we are recommending the funding of all the agencies at fifty thousand dollars ($50,000) with the exception of Greater Miami... an agency that basically provides technical assistance to the agencies, which is Mliami - Greater Miami Neighborhoods. All the other agencies are funded at fifty thousand dollars ($50,000). We agree... Commissioner Dawkins: What item are we on? What item is this that he comes under? What number on here? Mr. Castaneda: He is talking about housing at this time, even though we're in economic development. We agree with him that we should go into a system that rewards people for productivity and so forth. 39 May 25, 1995 Vice Mayor Plummer: That's for sure. Mr. Castaneda: And we are coming out with a setup for next year in which agencies would be funded like economic development agencies, based on productivity. Since we have implemented this in economic development, we have seen a tremendous increase in the production of the agencies, Commissioners, and we will be doing the same thing in housing. We are just not ready to do that till next year. Vice Mayor Plummer: Cesar, I need your help. Mayor Clark: All right. Thank you, Mr. Stafford. Mr. Stafford: Thank you. Well, in the meantime, we'll continue to struggle. Mayor Clark: All right. Economic Development, Anna E. Ward, is it? Ms. Anna E. Ward: Yes, it is, Mayor. Mayor Clark: Martin Luther King. Ms. Ward: Good morning. I am Ana E. Ward, president and chief executive officer of Martin Luther King Economic Development Corporation. In the interest of time, we have been funded. I invite you to come out to 7th Avenue and blst and see what we've done out there, and what we intend to continue to do. Thank you very much. Mayor Clark: Thank you, ma'am. Now we're going... That's the end of economic development. Commissioner Dawkins: Question. Mayor Clark: Yes, sir. Commissioner Dawkins: Mr. Castaneda or Mr. Manager. Mr. Castaneda, on this economic development, 33, read 33 out to me. Mr. Castaneda: Right. The economic development CBOs (community -based organizations) incentive fund. That's the money to pay for all the community -based organizations in that particular fund. After adding up the productivity of all the agencies, I believe that there is forty thousand dollars ($40,000) left over. Commissioner Dawkins: What's the difference between that fund and the 29 that you're giving the fifty thousand dollars ($50,000) to St. John, what's the difference between the money? Mr. Castaneda: I'm sorry. Vice Mayor Plummer: Incentive. Mr. Castaneda: St. John is not getting fifty thousand dollars ($50,000). Vice Mayor Plummer: Incentive. Mr. Castaneda: St. John is getting fifty-two thousand five hundred ($52,500). Basically, what... 40 May 25, 1995 k,- 0 , Vice Mayor Plummer: Frank, do we have... Excuse me. Do we have anywhere the allocation to the double asterisks? Mr. Castaneda: We have it now for you. Vice Mayor Plummer: I don't. Mr. Castaneda: No, no. I can give it to you right now. Vice Mayor Plummer: We could have maybe avoided a lot of trouble if we had that. Please. Mr. Castaneda: Let me read it into the record. Vice Mayor Plummer: Thank you. Mr. Castaneda: Allapattah Business Development... 4 Commissioner Dawkins: Tell me what it is. We got people out here and we need to get out. Just tell me what it is. Vice Mayor Plummer: Well, you want me to tell you? I got it here. I'll read it in the record so everybody will know. Commissioner Dawkins: No, I don't, I don't... I'm a Commissioner like you. I don't need you to tell me nothing. Vice Mayor Plummer: Well, if you want it done right. Commissioner Dawkins: All right then. Go ahead. Mayor Clark: Next case, let's go. Come on. Commissioner Dawkins: Go ahead. Mr. Castaneda: OK. Allapattah Business Development Authority, 59... Commissioner Dawkins: What is the difference in the money, Mr. Castaneda? Mr. Castaneda: No, the difference in the money is forty thousand dollars ($40,000). Commissioner Dawkins: No. What is the difference in the funds there? Vice Mayor Plummer: How did you allocate what you allocated? Mr. Castaneda: The funding for the community -based organizations is coming from the seven hundred and thirteen thousand seven -fifty ($713,750). Commissioner Dawkins: Now, so that means that the seven hundred and thirteen thousand seven hundred and fifty dollars ($713,750) goes to the CBO. Mr. Castaneda: Correct. Commissioner Dawkins: All right. Now, how many CBOs is it? 41 May 25, 1995 t� Vice Mayor Plummer: Ten. Mr. Castaneda: Ten. Commissioner Dawkins: So therefore, each CBO gets $70,000 for incentives. Mr. Castaneda: No, Commissioner. Commissioner Dawkins: Why not? Mr. Castaneda: Because based on their productivity... Vice Mayor Plummer: It's based on incentive. Mr. Castaneda: ... they will get more or less money, depending on how much they produce. Commissioner Dawkins: OK. Now, so if I'm... Mr. Odio: Wait, wait, let him answer the question. Commissioner Dawkins: Go ahead, go ahead. Say what she told you. Mr. Castaneda: No, let... Commissioner Dawkins: No, say what she told you. Then I need to know what she told you. Mr. Castaneda: Well, I couldn't listen to either one. Commissioner Dawkins: All right. Go ahead, tell him. Tell him what you got to tell him. Mr. Castaneda: Yeah, the base is fifty thousand dollars ($50,000), and then based on productivity above the base, they get additional money. Mayor Clark: The base is fifty ($50,000). Commissioner Dawkins: How can 17th Avenue compete with Flagler Street in incentives, according to your criteria. Vice Mayor Plummer: It's CBOs, Miller. i Commissioner Dawkins: It's a CBO dealing with Flagler. The DDA (Downtown Development Authority) is a CBO. Vice Mayor Plummer: No. Commissioner Dawkins: We give it money. Mr. Castaneda: No. Vice Mayor Plummer: No, no, that's not a CBO. Mr. Castaneda: The Downtown Miami Partnership is a community -based organization. Commissioner Dawkins: OK. Good, good. 42 May 25, 1995 - Vice Mayor Plummer: Ah, ah, OK, OK. Commissioner Dawkins: How can a CBO dealing with 17th Avenue from 36th Street to 54th Street, how can they compete in incentives with people doing business on Flagler Street? Mr. Castaneda: Well, Commissioner, there's no doubt that there's more economic development activity in some areas than others. However... Commissioner Dawkins: So therefore, the people on 17th Avenue will constantly continue to play catch up. Unidentified Speaker: Right. Mr. Castaneda: Not necessarily, because in some neighborhoods, the County is participating with us more than in others. Commissioner Dawkins: I don't want to know anything about the County. Tell me how we are spending City funds. I don't care about the County funds. Mr. Castaneda: The... The system... Commissioner Dawkins: OK. Mr. Mayor, I'll be sending a memo to the Manager telling the Manager that these funds should be distributed equally between the target areas. Thank you. Mayor Clark: OK. Relax. Commissioner Dawkins: Thank you. Mayor Clark: On housing, Bill Rios, is he back again? I think he left. Vice Mayor Plummer: I'm totally opposed to that. Mayor Clark: On housing, we're on the housing section now. Robert A. Godoy, Model Housing Cooperative, Incorporated. Vice Mayor Plummer: Mr. Mayor, while he's coming up, I'd like to ask a question. Mayor Clark: OK. Vice Mayor Plummer: Frank, with all of these organizations... You know, every one of the Commissioners sitting up here, I bet, almost on a daily basis get calls for public assistance housing. OK? I mean, there's not a day that goes by that I don't have somebody calling me, asking for, "Can you help me?" And you know what we can do, really? We can write a letter to HUD (Housing and Urban Development) asking that this application be considered. Why wouldn't this Commission, in cases where we allocate money for housing, reserve the right to designate percentage of housing that we finance for this City Commission be delegating persons that we can put in there who qualify. Who qualify, now. OK? In other words, I got a call the other day in reference to a man who is a quadriplegic. He is a well known Bay of Pigs veteran. That has really nothing to do with it. The man is solely surviving on disability, and he can't afford an apartment. And yet, when he applies, he's turned down. Now, why couldn't this Commission have the availability of saying that we want ten percent, five percent, or some percent of the funding which we are putting out for housing where the Administration and the Commission could say to that person who is getting the funds, this person does qualify - you'd 43 May 25, 1995 k.- have a set of standards - this person does qualify and we want that person to be placed. It just seems like to me it makes good sense, you know. Mayor Clark: OK. Check into it. Vice Mayor Plummer: So I'm saying to you that that's what I'm going to be considering. Mr. Castaneda: Commissioner, let us look into it. There has to be a waiting list for most cases, but let's see within the... Vice Mayor Plummer: That's with HUD. I'm saying, we have our own waiting list. OK? You set the standards or we set the standards for our waiting list, because I just don't think there is any reason why, if we're funding these housing projects, that we can't reserve ten percent of them to the ones that we want to set aside. Mr. Castaneda: Let's look into the legal requirements, and we'll come back to you with something. Mayor Clark: All right. Thank you. All right. Mr. Godoy, you're on. Vice Mayor Plummer: Well, I want you to... I'm going to be pursuing it. Mr. Roberto Godoy: My name is Robert Godoy. I am an attorney, but I am here as the new executive director of Model Housing Cooperative, Inc. Mayor Clark: Your father was the former director. Mr. Godoy: Yes. I think, as you are aware, my father passed away... Mayor Clark: Yes, we know that. Mr. Godoy: ... last March the 29th. I left with you, Mr. Mayor, and with all the Commissioner, two letters, memorandums in which I explained all the details of what we have been doing since 1991. This is not a new project. Already... When I was aware that they did not recommend this forty-five thousand ($45,000) that we're asking, I was really surprised, because you all helped us in the past. Right now... Not only you help us in the past, you are helping us in the present. Right now, we are... You gave us one hundred and ten thousand dollars ($110,000) for buying property and for rehabilitation of those properties. We are doing that already. The County is helping us to buy in other properties. We already... We bought two properties, and with the help of the County, with the help of the City of Miami, right now, we already... Three months ago, we went to Tallahassee, and in Tallahassee, we are requesting to fund for this project to buy property, and these people that they are now tenants will be owners. The only surprise was when we requested forty-five thousand ($45,000) to pay for the expenses of the office, to pay for the expenses of the people that are working there, I don't understand. You know, you gave the money to buy the property. We bought the property. With the help of the City, we are rehabilitating those properties. And you gave a loan - excuse me, it was a grant - with the condition that if we complied with everything, we don't need to pay that loan, and will be a grant. But we need to have, you know, the money to pay for... I already gave in detail, because we presented this, how that money, the forty-five thousand dollars ($45,000) are... You know, we need to have those monies to pay for the expenses of the office, to pay for the expenses of the people that work in there. You know, according to the... You know, we have the certificate. There are 21 certified community development corporations in Dade County. Only two of those 35 community development corporations are cooperatives, Model House Cooperative, and Florida Housing Cooperative. I don't know if you gave the money to the other one, but that is 44 May 25, 1995 LIM not my concern. But you are giving the money in one hand to buy the property and to rehabilitate it. And we did that already. But in the other hand, we are asking forty-five thousand ($45,000) to pay for the expenses of the office. We have a lot of people there working part-time. Like I said before, I am an attorney, but I am working there full-time, because I don't want... This was the dream of Dr. Roberto Godoy to build this property. Like I put there in my report, it's not that we are asking for to do something in the future. We are doing it already. We have two builders building already, and we are buying another one. The only thing that we are requesting is forty-five thousand dollars ($45,000) to provide the expenses. Mayor Clark: I think you've made that very clear. Mr. Godoy: OK. Thank you, Mr. Mayor. Mayor Clark: Thank you, sir. Frank. Mr. Godoy: Mr. Mayor, can I ask you... Mayor Clark: No recommendation? Mr. Castaneda: No funding. Mr. Godoy: Can I ask you, why was... If you gave us the total amount for everything else, the only thing that you have not complied... Mayor Clark: Sir, he just told you there's no money. Mr. Castaneda: The agreement was that we gave you the land, but you were not going to ask for money for administration. And now, you're asking. Mayor Clark: That was the agreement? Mr. Castaneda: Yeah. Mr. Godoy: I've been reviewing all the information, everything, and everything that you gave us was to build the... to buy the property for rehabilitation. It was nothing there. I checked all the paper. I checked everything, and I would like that you show me where they say that it's an agreement or was something where the City would not pay for the expenses. I would like to have that. I don't have that information. Mayor Clark: OK. Commissioner Dawkins: Hold it, hold it. Mayor Clark: Yes. Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes. Commissioner Dawkins: If you will come to my office, I will assure you that I will provide you with documentation showing where from the first day you came here and got money, you were not supposed to get any more money, and each year, you came and got money. I'll provide you with that. 45 May 25, 1995 kI Mr. Godoy: Sir, sir, the only... Commissioner Dawkins: I will provide you with that information. Mr. Godoy: No, to answer, please, don't get confused with Florida Housing and Model Housing. They are two different institutions. You provided before to Florida Housing. This is a different one. Commissioner Dawkins: You come. I will provide you with the documentation I have, and you can show me where I'm wrong. Mayor Clark: OK. Mr. Godoy: With Florida... It's a confusion. Commissioner Dawkins: OK. Thank you. Mayor Clark: Next case. Thank you. Reverend John White. Reverend John White: Thank you, Mr. Mayor and Commissioners. I want to thank you for your very gracious and kind allocation for the BAME (Bethel African -Methodist Episcopal Church) Development Corporation. We are in the process of doing some single-family housing in Overtown, and I just want to thank you for the recommendation. Thank you, sir. Mayor Clark: Thank you, Reverend. Now we have Mariela Gabela on housing. Ms. Mariela Gabela: Good morning, Mayor. Good morning, Commissioners. Good morning, City Manager. OK. Community Health Care Prevention and HIV Assistance Program. Community Health Care is a nonprofit organization, the Community Health Care Prevention and HIV Assistance Program, Incorporated has been... Mr. Castaneda: Mr. Mayor. Mayor Clark: Just a moment. Mr. Castaneda: Excuse me a second. Let me just explain. This is not a program under community development. They basically had applied to HOPWA (Housing Opportunities for Persons with AIDS), but were not funded, and are coming here asking for money under the HOPWA grant. Commissioner Dawkins: And did you suggest to them that they go to HOPWA? Mr. Castaneda: Well, you're the final voice on HOPWA. Commissioner Dawkins: No, no, that's not what I asked you. Mayor Clark: Recommendation. Commissioner Dawkins: Did you recommend to them that they go to HOPWA, or did you recommend that they come here? Mr. Castaneda: No, no. I saw them here today, and they explained to me what they were doing, Commissioner. 46 May 25, 1995 k._ Commissioner Dawkins: Thank you. Mayor Clark: Where do they most qualify, Frank? Commissioner Dawkins: Well, what is your recommendation to the Commission now? Mr. Castaneda: My recommendation is that we're going to go through an RFP process for the money that you're approving under HOPWA to let them participate in that, and we should have a funding determination by September, we will say, after review, and that's probably the best solution, Commissioner. Commissioner Dawkins: What is your recommendation to the Commission? Mr. Castaneda: That is my recommendation. Commissioner Dawkins: What is your recommendation to the Commission? Mr. Castaneda: For them to go through the process of the HOPWA funding. The RFP will be going out in the next 60 days, and we should have a recommendation back to you by September. Commissioner Dawkins: Mr. Mayor, I move... I mean, let's refer this to the Manager for further study, and let the Manager bring back a recommendation to us. Mr. Castaneda: OK. Mayor Clark: All right. Where are they at? They're off in another tangent somewhere. Commissioner Dawkins: Mm-hmm. Mayor Clark: There's no need to proceed, ma'am. Commissioner Dawkins: Do you understand what he said? Ms. Lisette Rodriguez: Yes, yes, I understood. Thank you. Vice Mayor Plummer: That's a safe way to approach it. Commissioner Dawkins: While we're waiting for the next group, Mr. Manager, under 4, Citywide Code NET (Neighborhood Enhancement Team) Enforcement, it says four hundred and fifty thousand dollars ($450,000). Is that to be divided equally between all of the NET offices? Mr. Castaneda: No, Commissioner. That was on a first come, first serve. Commissioner Dawkins: OK. That's all right. I'll send a memo to divide it. Under lot clearance, you got a hundred and fifty thousand ($150,000). You got NET. Is that to be divided equally between each NET office? Mr. Odio: Well, the lot cleaning, it depends on where they are. I mean, if.. We may have more in one area. You don't want to limit that, Commissioner. Commissioner Dawkins: But I have more in one area now, because it had been limited to not cleaning in that area. Commissioner Gort: Northwest area has a lot of need for that, a lot more than southwest. 47 May 25, 1995 Commissioner Dawkins: Thank you. Where we live. That's right, a lot more. Mr. Odio: So then we should go into that area more than... Commissioner Dawkins: No, no, I would rather that I send a memo and you allocate "X" dollars for each NET office. And then when I've used mine up in my area, if nobody else has used it up, I'll come over and get some of that. OK? Mr. Odio: I have no problem with that. Vice Mayor Plummer: May I inquire Miller? Commissioner Dawkins: Yes, go ahead. Mr. Odio: I have no problem with it. Vice Mayor Plummer: Mr. Manager, why is it costing the City taxpayers any money at all to go clean the lots of people who own them but refuse to do it? Mr. Odio: Because by the time you find whoever it is... And we put liens on properties, and this is a revolving account. Vice Mayor Plummer: OK. Are we doing that through the private sector that comes in and does... Mr. Odio: We have a new contractor. Vice Mayor Plummer: You have a contractor. Mr. Castaneda: Yes. We have contracts on all the properties. Vice Mayor Plummer: OK. Now... OK. Then let me go to the other subject. The other subject is... Mr. Odio: I need to have... Excuse me, Commissioner. Mayor Clark: Let's get finished with this program here first. Mr. Odio: I need to have some funds in place so that I can do it, and then... I Vice Mayor Plummer: Well, Mr. Mayor, that's the point I'm trying to make. The second point that I have is, you have liens of a hundred million dollars ($100,000,000) in Code Enforcement. Now, why are you asking for additional monies? Why aren't you collecting the... Mr. Odio: This is for the inspectors. Vice Mayor Plummer: I understand that, but that's the program... Mr. Odio: We cannot use the hun... You cannot use those monies for what we're talking about here. Vice Mayor Plummer: Oh, yes, you can, sir, yes, sir. The Code Enforcement liens that are presently out there, I'm told are in excess of a hundred million ($100,000,000). Now, if, in case, you were to collect those liens, you wouldn't need any money at all from this Commission. 48 May 25, 1995 k, i Mr. Odio: We can, but we need this four -fifty. Mayor Clark: All right. You ready? i Vice Mayor Plummer: Mr. Mayor, I want the opportunity later... You know, for whatever reason Code Enforcement has refused to allow to give these liens out to attorneys on a i percentage basis for collection. i Mayor Clark: Well, we're going to do it ourselves. i Mr. Jones: Commissioner, we've all... Vice Mayor Plummer: OK. Well, you know, if you do that, you've got a hundred million dollars ($100,000,000) in liens. A. Quinn Jones, 11I, Esq. (City Attorney): Commissioner, whoever told you there's a hundred million, that's absolutely ridiculous. Vice Mayor Plummer: Yes, because I was told it was two hundred, but I accept a hundred. Mr. Jones: Well, that's absolutely ridiculous, but just to let you know that, we're in the process of starting foreclosures. That was the whole purpose of getting the... going on line with Commonwealth, so we could do the title searches at a reduced cost, and we're proceeding and hoping we'll collect on some of them. Vice Mayor Plummer: Well, Mr. City Attorney, you know, I'm going to go into it later, but you hired somebody. Mr. Jones: That's correct. Vice Mayor Plummer: I'm saying, let law firms out there who don't get a dime... Mr. Jones: Well... Vice Mayor Plummer: Excuse me. ... that they can pursue. Mayor Clark: All right. May we get back to... Vice Mayor Plummer: If they don't collect, they don't get a dime, and that's what I want to do, when you got 4,000 cases. Mr. Jones: Well, there's no firm out there that would take a case like that, especially a foreclosure action. Vice Mayor Plummer: You'll never know unless... Mayor Clark: All right. Next case, next case. Lisette Rodriguez. Ms. Lisette Rodriguez: I represent Florida Housing Co -Op. Commissioner Dawkins: Pull the mike up, Miss, please. 49 May 25, 1995 k, Ms. Rodriguez: I represent Florida Housing Co -Op. We were recommended by the City staff, but we were not recommended by the Countywide Advisory Board for fifty thousand dollars ($50,000). Mayor Clark: How much? Ms. Rodriguez: Fifty thousand. Vice Mayer Plummer: What's your recommendation, Frank? i fMr. Castaneda: No. We're recommending funding at fifty thousand dollars ($50,000). Commissioner Dawkins: And she doesn't... She's arguing about... Ms. Rodriguez: I just wasn't sure what was happening, since on one side we were recommended, and by the board, we weren't recommended. So thank you. Commissioner Dawkins: Thank you. Mayor Clark: All right. Thank you, ma'am. Laisner Denavar, Little Haiti Housing Authority. Mr. Laisner Denavar: Good morning. Mayor Clark: Good morning. Mr. Denavar: My name is Laisner Denavar. I live at 20 Northeast 49th Street, and I'm a board member of Little Haiti Housing Association. I'm also a homeowner, because of Little Haiti Housing Association. With me are Maranatha (phonetic), Maranatha and also Geodorne Fausten (phonetic). Both are homeowners as well. And also, we have David Harder, the executive director of Little Haiti Housing Association. We thank you for your support and... Mayor Clark: Have you received funding? Mr. Denavar: Yes. Commissioner Gort: Recommended fifty thousand ($50,000). Mr. Castaneda: I'm sorry, which program are you? Mayor Clark: Are you happy with that? Mr. Denavar: Excuse me? Commissioner Gort: Little Haiti Housing Association. Little Haiti Housing Association. They're being recommended, I think. Mr. Castaneda: Oh. Yeah, they are recommended for funding, fifty thousand dollars. Mayor Clark: Well, what do you need now? Mr. Denavar: We just want to thank you for... because we received that recommendation for this year. We just want to thank you. Mayor Clark: All right. Thank you, sir. Thank you very much. 50 May 25, 1995 Mr. Denavar: Thank you very much. Thanks. Mayor Clark: All right. Now, we're moving out of the housing market. We're getting into public facilities. First person is Rosario Kennedy. Vice Mayor Plummer: Where are we? Commissioner Gort: Public facilities. Vice Mayor Plummer: Public facilities. Mayor Clark: Public facilities. Vice Mayor Plummer: Does that include our offices? Mayor Clark: All right. We'll hold up on Rosario. Commissioner Gort: There she is. Mayor Clark: All right. Ms. Rosario Kennedy: Good morning, Mr. Mayor and members of the Commission. For the record, I'm Rosario Kennedy, with offices at 2601 South Bayshore Drive. And with me is Dr. Judy Holland (phonetic). Would you come here, please, Judy. As some of you may know, I've spent the past two years as chairperson of Governor Chiles' Health and Human Services Board for Dade and Monroe Counties. In that role, I've really seen the tremendous help for health and mental health services in our community, for the people who must learn to cope with their disabilities, learn how to make a living and take care of themselves until they are old. It's a very simple equation. The better we prepare these people for the future, the better they are able to take care of themselves, and the less of a burden for the taxpayers. I'm here representing the Hope Center, which is one of the successful, stable and long-established learning centers for the mentally handicapped. Its building is in dire need of major repairs. The plumbing is rusted out in many places, the bathrooms are leaking, and these people have patched until they can patch no more. The total renovation cost is approximately six hundred thousand dollars. We're seeking funds from charitable foundations, but we're asking the City of Miami for a hundred and forty- seven thousand five hundred ($147,500). Staff did not recommend us because this is the first time that we have applied. Your advisory board, however, recommended a hundred thousand dollars, and we are very happy, and we can live with that amount. In relative terms, it's a small contribution towards giving these Miamians an opportunity to better themselves and to integrate themselves into our society. They need the Hope Center because they work, these people give them jobs, they train at the Hope Center, and this is the place that they call their home. Thank you very much. Mayor Clark: Thank you. Yeah, we know Hope Center pretty well. Vice Mayor Plummer: I was there when I was in Commissioner Gort: Yeah. Vice Mayor Plummer: Yeah. Mayor Clark: Are you on this item also, public facilities? 51 May 25, 1995 k _- j Ms. Kennedy: Forty-two years. Vice Mayor Plummer: Forty-two years would be '53. Mayor Clark: Public facilities, jump up. Mr. Emilio Lopez: Again, my name is Emilio Lopez. I'm the president of Borinquen Health Care Center. Vice Mayor Plummer: '42, yeah, because I was there in '47. Mayor Clark: We'll consider that, don't worry. Go ahead, Emilio. Mr. Lopez: I'm the president of Borinquen Health Care Center, and we requested some funds. First of all, let me thank all of you for the time that you provide for us, the parking lot a few years ago. I will invite all of you, and the Manager, and all the staff that would like to come and see the new clinic. It's a 35,000 square feet facility, and it's real modern, and we are serving 18,000 clients a year, and we give about 65,000 encounters a year. We see on a daily basis between 250 to 350 people. My request to you was in two areas. It was to help me solve the problem... For the first time in 23 years, I've been in the red, and I needed some funds. I came and asked for half a million dollars, and I know that the staff didn't recommend any money for the facility, but the board... Vice Mayor Plummer: Well, Emilio, let me try to cut you short. Mr. Lopez: OK. Fine, simple. Vice Mayor Plummer: Mr. Mayor, I had the opportunity of going up there this last week, and I got to tell you something. That, without a doubt, is a first class outfit. Now, Mr. Manager, the question I've got to ask is of you. We got him, through Miami Capital, last year, a loan of two hundred thousand dollars ($200,000). Is there any way that this City Commission, who funds Miami Capital, can say, "We want you to resolve and absolve this clinic of that loan"? Mr. Odio: Oh, there is one way. You give the Miami Capital two hundred thousand dollars ($200,000), and they will waive it. Vice Mayor Plummer: Well, you know, you can laugh about it, but let me tell you... Mr. Odio: No, I'm not laughing. I'm serious. That's the way... Vice Mayor Plummer: I'm serious, Mr. Mayor. Mr. Odio: That's the only way you can do it. Vice Mayor Plummer: If anything that I have seen in this community is something that is for the community that is incredible, it has been what I saw there. Mr. Odio: But, you know, Commissioner... Vice Mayor Plummer: Can I ask Pablo? Mr. Odio: Yeah. Vice Mayor Plummer: Pablo, am I that far off base? I mean, if the loan was the City, I wouldn't even give a second thought to saying that's it. 52 May 25, 1995 Mr. Pablo Perez -Cisneros: Well, it is a loan through CDBG funds, Commissioner, and I have a fiduciary responsibility to collect that loan. I cannot grant monies. Vice Mayor Plummer: OK. So then, see, what I've got to do is, I've got to cut you here in your funding from the City by two hundred... Mr. Perez -Cisneros: Well, there is another way of doing it, if you want to do it that way. Vice Mayor Plummer: All right, tell me. That's why I'm asking the questions. Mr. Odio: May I, Pablo, please? Mr. Perez -Cisneros: Sure. Mr. Odio: Remember, you had here the Ann Marie Adker Health Clinic. There are many other health clinics that are in there. So if you start doing it with one, we better start doing it with the other... Vice Mayor Plummer: No. The problem here is, he is not getting funding from the other sources that these are getting funding from. The other problem is, Mr. Manager, he is in the red. OK? He is in the red. All I'm saying to you is, I'd like to hear from you, if there's another way to do it. We've helped everybody else out here, and I would like to help in this particular case. Commissioner De Yurre: Mr. Mayor, if I may suggest something. Vice Mayor Plummer: All right. Commissioner De Yurre: Why can't... And what I'm suggesting for Borinquen, I'm also suggesting for Hope Center, because they're also recommended for a hundred thousand dollars ($100,000) from the CD Board, and that would be that we can allocate monies from future CDBG allocations, that we can allocate one hundred thousand ($100,000) from next year, and another hundred thousand ($100,000) from the following year, to go to Borinquen, and also one hundred thousand dollars ($100,000) from next year to go to Hope, and they could get those monies now. Vice Mayor Plummer: When you speak, Victor, of next year, you're speaking of the funding we're talking about now, as the first year. Commissioner De Yurre: No, no, I'm talking about next year, the 22nd and the 23rd year, but they can get those funds now. It's just like getting it in advance, and then, obviously, it's a hundred thousand dollars ($100,000) less that are going to be available next year, because they're already getting it now in the pot. So that pot is reduced by the hundred thousand dollars ($100,000), because it's future money that's being given right now. The same thing would happen with Hope, and this way, they can get their two hundred thousand dollars ($200,000), take care of that debt that they have, and it doesn't cost us, because it's the CDBG money from next year, and the one after that, from their funding. Vice Mayor Plummer: Victor, that's fine with me. It accomplishes the same thing, that it gets them off the hook for that loan, and that's what I told him I would bring to this table and try to do. Frank, is that acceptable? Mr. Castaneda: Well, Commissioner, I'm confused. Are we talking about the loan, or are we talking about the mammographic machine, or are we talking about both things? 53 May 25, 1995 Mr. Lopez: Well, when I made the... Vice Mayor Plummer: What I'm talking about is two hundred thousand dollars ($200,000). You call it what you may. Mr. Castaneda: OK. My conversation with Emilio was a hundred thousand dollars ($100,000) for a mammographic machine, and I understood that that would resolve the problem. Mr. Lopez: No. Mr. Castaneda: No? Vice Mayor Plummer: He can't pay the loan, Frank. Mayor Clark: You got to... Vice Mayor Plummer: OK. Commissioner Dawkins: Mr. Mayor, Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Dawkins: I'm happy to see this, because I was getting ready to go to Mr. Castaneda. There is a gentleman who has been trying to build a barbecue stand sales place on 8th and 3rd since 1981. And he has acquired - I mean, and being God-fearing and religious, this man has been paying a mortgage - I mean interest on a loan at twelve hundred and forty dollars ($1240) a month, since 1981, out of his pocket. So when you find the methodology for - in the CDBG, as Commissioner De Yurre said - to underwrite his loss, I want you to underwrite Mr. Lewis' loss. Vice Mayor Plummer: Well, you know... Commissioner De Yurre: But let me state for the record that what Miller is talking about is, you know, it's something that you got a businessman there that borrowed money to expand his business. He expanded the business, and now, he can't get the permits to open up because of some Code issue that exists, which is really, you know... Commissioner Dawkins: Our fault. Commissioner De Yurre: We need to address that problem, and I want to talk about something else, aside from what the issue is here today. But I would address that the Administration deal with this matter and come with some solutions for that gentleman. Mr. Odio: May I offer a solu... Commissioner Dawkins: OK. He's talking about solving an opening problem. I'm talking about solving the financial problem. OK? Now, we're talking about solving his financial problem. I'm not going to let us separate Mr. Lewis' financial problem aside from his financial problem, and discuss an opening problem with Mr. Lewis. OK? Mayor Clark: In the meantime... Commissioner Dawkins: We're going to tie these two together, or neither one of them. 54 May 25, 1995 k r Mayor Clark: And in the meantime, the Hope School's down the drain. Commissioner Dawkins: That's right. There you go, Mr.... All right. Mayor Clark: Wait. Commissioner Dawkins: And by the way, while you're at this, Mr. Frank Castaneda and Mr. Manager, we will not... You need to hear this, because this deals with your salary, OK? OK. All right. Vice Mayor Plummer: Uh-oh, you got his attention. Commissioner Dawkins: There's another gentleman on 54th and 2nd Avenue, has Omega Tayloring Shop. Mr. Odio: See what you opened up? Vice Mayor Plummer: Sure, I opened it up. Had to. Commissioner Dawkins: For six years, that man has been trying to borrow two hundred and fifty thousand dollars ($250,000) from the City of Miami - I mean Miami Capital. At the next Commission meeting, I'm going to make a motion that Miami Capital does not be funded one penny, not 'nary penny for nothing until that man's problem is solved. So that will cut off everybody's checks, and then perhaps this man can get his loan. Mr. Odio: May I? As a compromise on his problem is that we have... He makes no payments on his loan for six months, defer any payments so he has time to recover, but that we do not give him any monies, and that we do recommend that we give him a hundred thousand dollars ($100,000) to buy the mammograph equipment. Mr. Lopez: That would help me solve part of the problem. But whatever, you know... Vice Mayor Plummer: Well, excuse me. Look, you know... Mr. Lopez: I don't want to create any problems for any other people. Vice Mayor Plummer: Let's stop playing games with each other. OK? You want to give him a hundred thousand ($100,000) from here? Then Victor's idea, we carry the hundred thousand ($100,000) over till the next year. Mr. Odio: No, no. I'm recommending to buy the mammography equipment. Vice Mayor Plummer: 1 hear what you're saying. The bottom line is two hundred thousand dollars ($200,000). He's off the hook for two hundred thousand ($200,000). A hundred for the machine, and a hundred that we'll take out of the loan. That's where I'm go... You know, look. You know, I've been here a long time, and let me tell you something. I've said it before, and I'm going to say it again. My priorities are set on taking care of the sick, feeding the hungry, and if anything is left over, we'll talk about it. OK? But let me tell you something... Commissioner Dawkins: No, you said take care of the children, and then what's left, talk about it. Vice Mayor Plummer: Yes, of course, all right? Because you can't work without the kids having some place to go. 55 May 25, 1995 Mayor Clark: Just a minute, now, please. What are we going to do here, now? The vacillation and rhetoric is just kind of overflowing into lunch. Vice Mayor Plummer: Victor, you want to make a motion, or I will? I'll make a motion at this 1 time that a hundred thousand ($100,000) definitely be granted, and that a hundred thousand ($100,000) come from future or next year's allocation for this Borinquen Clinic. I'll make that t as... Commissioner De Yurre: J.L., they both come from future. You know, they won't come from this year. Vice Mayor Plummer: No. One's already recommended. Commissioner De Yurre: There's no money for this year. They will come from not this year, but the following two years at a hundred thousand ($100,000). Vice Mayor Plummer: OK, that's fine. That's fine. Mayor Clark: Is that your motion? Vice Mayor Plummer: Yes, sir. I'll move it. Commissioner De Yurre: And I would also add that Hope get a hundred thousand ($100,000) from next year's also. Mayor Clark: Well, keep these two separate. Let's don't get them together. Mr. Odio: Commissioner, may I? All he needs to amortize his loan is six thousand dollars ($6,000). Commissioner Dawkins: Call the roll. Mr. Castaneda: For this year. Mayor Clark: Roll call. 56 May 25, 1995 k, The following motions were introduced by Vice Mayor Plummer, who moved their adoption: MOTION NO. 95-409 A MOTION DIRECTING THE ADMINISTRATION TO MODIFY THE 21st YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS, THEREBY ALLOCATING $100,000 TO BORINQUEN HEALTH CARE CENTER, INC. [#9*]. (*Note: The number within the bracket at the end of the agency's name [followed by the asterisk] designates the number which was assigned to the project in the booklet entitled "Community Development Consolidated Plan 1995-1996," which is part of Resolution No. 95-413, amending the FY 95-96 HUD Consolidated Plan.) MOTION NO. 95-409.1 A MOTION DIRECTING THE ADMINISTRATION TO PROVIDE FINANCIAL RELIEF IN THE AMOUNT OF $100,000, TO THE BORINQUEN HEALTH CARE CENTER, IN CONNECTION WITH PAYING OFF ITS LOAN ($200,000) OWED AND DUE TO MIAMI CAPITAL DEVELOPMENT CORPORATION, BY IDENTIFYING FUNDING FROM A FUTURE YEAR CDBG PROGRAM FUNDS. Upon being seconded by Commissioner De Yurre, the motions were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort Commissioner Dawkins: Mr. Mayor, I make a motion... Mayor Clark: No, please. Commissioner Dawkins: I make a motion that the same deal that was set up for Emilio Lopez be established for Mr. Lewis on whatever way we have to do it, and I so move. Mayor Clark: Is there a second? I second it. Commissioner De Yurre: Well, I'll second that, because we need to help that man out. Vice Mayor Plummer: OK. Mayor Clark: Call the roll. Vice Mayor Plummer: Wait a minute, wait a minute, wait, please. Mr. Dawkins, I have no objections to it, but in all reality and practicality, I must know what we're talking about, and I would ask that it be brought back, or at least inform this Commissioner... 57 May 25, 1995 Commissioner Dawkins: OK. I'll pass it as an emergency on the first and second reading as an emergency, and give Commissioner Plummer the right to veto it, if he is dissatisfied with it after it's explained to him, and I so move as an emergency. Vice Mayor Plummer: Thank you, sir. Well, it's not an ordinance. Commissioner Dawkins: Call the roll as an emergency. Vice Mayor Plummer: It's not an ordinance. It's a resolution. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 95-410 A MOTION GRANTING FINANCIAL RELIEF TO MR. LEWIS, A BUSINESSMAN (LEWIS BARBECUE), WHO CURRENTLY IS IN DEFAULT FOR NONPAYMENT ON HIS LOAN FROM MIAMI CAPITAL DEVELOPMENT CORPORATION (MCDC); SAID FINANCIAL RELIEF TO BE UNDER THE SAME TERMS AND CONDITIONS AS PROVIDED TO THE BORINQUEN HEALTH CARE CENTER, INC. FOR ITS DELINQUENT LOAN ON THIS SAME DATE; FURTHER STIPULATING THAT SAID MEASURE BE PASSED ON AN EMERGENCY BASIS, SUBJECT TO VICE MAYOR J.L. PLUMMER RESERVING THE RIGHT OF DISAPPROVAL IF NOT FULLY SATISFIED AFTER CLARIFICATION OF SAID ISSUE HAS BEEN GIVEN TO HIM. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort Commissioner Dawkins: Second roll call. Commissioner De Yurre: Mr. Mayor... Commissioner Dawkins: Hold it! Vice Mayor Plummer: No, it's a resolution. Mr. Jones: It's no emergency. It's a regular resolution. Commissioner Dawkins: OK. All right. OK. Mayor Clark: All right, now... Commissioner De Yurre: Mr. Mayor, if I... Mayor Clark: Please, now. There's a motion in order to take care of Hope School. 58 May 25, 1995 Commissioner De Yurre: Of Hope School for a hundred thousand dollars ($100,000) from... not the year that we're discussing now, but from the following year. Vice Mayor Plummer: Second. Commissioner Dawkins: Second. Vice Mayor Plummer: Third it, fourth it. Mayor Clark: Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 95-411 A MOTION DIRECTING THE ADMINISTRATION TO MODIFY THE 21st YEAR CDBG PROGRAM FUNDS, THEREBY ALLOCATING $100,000 TO HOPE CENTER, INC. DORM FACILITIES RENOVATIONS [#25*]. (Note: The number within the bracket at the end of the agency's name [followed by the asterisk] designates the number which was assigned to the project in the booklet entitled "Community Development Consolidated Plan 1995-1996," which is part of Resolution No. 95-413 amending the FY 95-96 HUD Consolidated Plan.) Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort Mr. Castaneda: Commissioners, for clarification purposes, I want you to understand what I will do to carry out your intent is that I will be allocating a hundred thousand dollars ($100,000) for Hope School, and a hundred thousand dollars ($100,000) for the clinic in this year. Then I will... I will... What I will fool around is with the expenditures in Parks. Vice Mayor Plummer: No. You're not going to "fool around" with anything. Mr. Castaneda: No, no, no. Vice Mayor Plummer: You will equate. Mr. Castaneda: I will equate with the expenditures in Parks in order to carry out those activities during the year, and carry the expenditures into the following year, and that way, meet the intent of your actions. Mayor Clark: Very good. Vice Mayor Plummer: Which is exactly what you did because of a seven-year - a seven percent cut deficit this year. We understand. 59 May 25, 1995 Mr. Castaneda: That's correct. Commissioner Dawkins: Now, did you hear us say, "Mr. Lewis"? Did you hear this Commission say, "Do something for Mr. Lewis"? Mr. Castaneda: Well... Commissioner Dawkins: Did you hear us say that? Mr. Castaneda: Yes. Commissioner Dawkins: Well, now, explain, on the record, what you plan to do for Mr. Lewis. Vice Mayor Plummer: Find the money for next year. Mr. Castaneda: Well, in the "Mr. Lewis" situation, we will look to see what part we can turn into a grant to resolve your particular problem. Mayor Clark: All right. Commissioner Dawkins: Thank you. Vice Mayor Plummer: We got anybody else, Mr. Mayor. Mayor Clark: Next person to speak, sir. Mr. Sam Johnson: Good morning. My name is Sam Johnson, and I represent the Liberty City Optimist Club, one of the largest and most successful... Mayor Clark: Sir, just a moment. You're out of order for a moment. Did I call your name? Mr. Johnson: No, sir. Mayor Clark: Just a moment. Have a seat for a moment. Mariano Cruz, we'll get with you in a minute. Vice Mayor Plummer: Uh-oh. Commissioner Dawkins: Santa Clara godfather. Mayor Clark: Allapattah. Mr. Mariano Cruz: Allapattah. Mariano Cruz, 1227 Northwest 26th Street, in Allapattah. And I say my name and the address I live, because I see many people here, they come here, and you don't... they don't say wherever they live, so I don't know if most of them live out of the City limits, and that's what happens here. You got a lot of executive directors, all different programs, that don't even bother living within the City limits. They take the money out of the City. Well, it's a sad state of affairs that I have to come lobbying again for the park, of the building of the Comstock Park. This year, the community recommended two hundred thousand dollars ($200,000), and it was taken away. I come here because the building is needed there, and we were here two years ago, and five hundred thousand dollars ($500,000) was allocated, I remember in May 13, 1993. Three of the Commissioners are still here. And four hundred thousand dollars, and nothing made. Now I'm talking about an actual physical structure or 60 May 25, 1995 anything there at the park. Studies and more studies, and more design, and all that, nothing being done. It's more than two years already, and now, they're asking two hundred thousand dollars ($200,000), for what? On the account of inflation? The delay? We need... There's a reason that we need two hundred thousand ($200,000) in the building. The money was allocated in 1993. How come it takes so long? I mean, what about the Department of Public Works of the City? What about the other departments? So many engineers and architects, what they do? And we're getting fed up there. When people ask me questions, that's why I am here. When is the building coming up? The same thing my wife asked me, nagging me, "What about the produce market? What's going on over there?" No, the same thing. And people ask me questions, I come here. I should be today working there, making money still here. But if they ask me questions, "Don't worry, I'll be at City Hall today, and I'll be asking why the building is not being built, why the trash wasn't picked up for one week there in Allapattah?" That doesn't happen in Coconut Grove, but there, they leave the trash for one week on the street, and people come. And then if you put that trash one day before, the inspector is likely to come and give you a ticket. Now, but if the City does it, now we have a new schedule, blah, blah, blah, the people, employees or whatever it is. And that's... Wait a minute, I still have two more minutes. That's why I shouldn't be coming here in the first place. I should be able... or anybody there should be able to get a phone or something, and call the City or whatever, and do the job. The other night at ten p.m., I was calling Commissioner Gott house. Commissioner Gott: I'm changing my number. I want you to know that. Mr. Cruz: Right. Don't worry about it. I was calling because you are a public servant, too. Vice Mayor Plummer: What? Mr. Cruz: And one thing, to make sure. We go walking in Moore Park. We wonder, where is the money that was allocated for the resurface of that track is going to be done? When that track? It will take two years, like Allapattah Comstock. Vice Mayor Plummer: No, no, excuse me. We just allocated that at the last Commission meeting. Mr. Cruz: Yeah, but you know, this was allocated May 13, 1993. Still, nothing is being done. Commissioner Gott: Mr. Mayor. Mayor Clark: All right. Hold on a minute, Mariano. Commissioner Gott: Mariano's got the... When they had the economic development meeting in Allapattah... Mr. Cruz: Right. Commissioner Gott: ... I happened to be there. At that time, they were trying to select the architect to do the drawing in order to do the plan. They decided they already had done a plan, they already did a building in another park, and they said, "Let's utilize the same model, since it's an open area"... Mr. Cruz: Yeah, the Morningside, I know. Commissioner Gott: ... "so we can save time and expedite the"... Mr. Cruz: Over a year ago was that. 61 May 25, 1995 Commissioner Gort: And this has been about two years now. Mr. Cruz: Now. Commissioner Gort: So we're using the same architectural drawing that the City already has. Mr. Cruz: Sure, save a lot of time. Commissioner Gort: And this is one of the problems that we have, the gap, the time gap that exists between decisions and implementation. And this is where people get desperate, because in the private sector, when you get something done, you get it done right away. Mr. Cruz: And then you get two hundred thousand ($200,000) extra for inflation. Commissioner Gort: For some reason, it takes too long for us to get things done, and this is what people complain about. Mayor Clark: OK. Commissioner Dawkins: Commissioner... Commissioner Gort: The second thing I'd like to address, and I talked to Ron Williams the other day, whenever we have a change, and whatever changes we do in services, we have to find an adequate way to inform individuals. People are not aware. We put it in the Herald and the different papers, but not everybody has time to read the papers. So we've got to find a way. Maybe we can do a home delivery, use one of those home delivery systems, which is a lot... Mr. Cruz: Post office. Commissioner Gort: No, a post office is too expensive, and they get lost. Mr. Cruz: Bulk rate. Commissioner Gort: You've got the home services that they can provide door to door, and I think we should do that. Commissioner Dawkins: Are you making a motion, Mr. Gort, that... Commissioner Gort: Not a motion. I'm just making a recommendation. Commissioner Dawkins: Are you making a motion or a recommendation that we instruct the Manager to do whatever he has to do as an emergency to use the present plans that are available and get a bid on those so that we can get started, or are you going to allow them to go back out for another architect and take another two years... Commissioner Gort: No, no. My understanding is that has been done already, and my understanding is... Mr. Cruz: That was awarded to Pino Fonticela Company. Mayor Clark: One at a time, now, please. I can't take this all together. Commissioner Gort: My understanding is the plan has been accepted, they had to do some changes in the plan in order to comply with the land that was going to be used. And my 62 May 25, 1995 , understanding, also, was that funds were allocated for the building itself, and I think they've already been going out for bids. Mr. Odio: We're going out on bids, contractor building out, and like I said, the plans were the problem, and they are finished. Commissioner Gort: What are we going to do for bids on the contract itself for the building? Mr. Odio: Let me find out. I don't want to say something... Mr. Jim Kay: We have a contractor selected for that job already, and so... Commissioner Gort: You already have? When are they going to start? Commissioner Dawkins: But you're thinking, but do you know? Mr. Kay: We're getting ready to... Within one or two months, they should be getting started. Commissioner Gort: OK. One or two months, they should get started. The contract has been awarded for the park, for the construction. Mr. Kay: Actual construction. Mr. Cruz: Another thing. I'd like to know if the two hundred thousand dollars ($200,000) will go from the City Commission to that specific building, if from out of the one million ($1,000,000) that the City staff recommended, you can get earmarked already two hundred thousand dollars ($200,000) specifically for that building, just in case they spend the money. Mr. Odio: Not coming out of those funds. Mayor Clark: All right. Thank you, Mariano. Mr. Cruz: Thank you. Mayor Clark: Helena del Monte, you want to speak on public facilities improvements? Ms. Helena del Monte: Yes. My name is Helena del Monte. I'm assistant director for the Association for the Development of the Exceptional. And as... Thank you very much for the opportunity, Mayor and Commissioners. ADE (Association for the Development of the Exceptional) has been established in the City of Miami in the Wynwood area for 25 years, and we service low income high level developmentally disabled adults. And presently, we are in dire need of expanding two classrooms and also for an AC (air conditioning) unit for our work shop area. What we do is, we train these high level developmentally disabled adults in job employability skills, and then we place them in the community through supportive employment services. Commissioner Gort: Are you asking for public improvement, or are you asking for operation funding? Ms. del Monte: For public improvement. Actually, I'm asking for thirty thousand dollars ($30,000) under social services, but, you know, that, I was recommended for fifteen. I wonder if, you know, there's any surplus of funds. So... But right now, the category is for facility improvement. 63 May 25, 1995 Commissioner Gort: Facility improvement. Ms. del Monte: Mm-hmm. Mayor Clark: Frank, what's your request? Mr. Castaneda: Well, she requested a hundred and twenty-five thousand dollars ($125,000) for it. We did not have funding to allocate for that particular project, Mayor. Ms. del Monte: But we reviewed the budget, and, you know, the dire, dire need would be fifty thousand ($50,000). Mayor Clark: Can we do this? This is for the retarded people of Dade County. Commissioner Gort: We gave them ninety-two thousand dollars ($92,000) last year. Mr. Castaneda: That's correct. Mayor Clark: What was that for? Mr. Castaneda: For an elevator. Mr. del Monte: And also for the bathrooms, to turn them into ADA (Americans with Disabilities Act). Mayor Clark: Was that completed? Was that... Ms. del Monte: That's in the process of being completed. Mayor Clark: Well, everybody's jumping on Hope School and Emilio. What about this retarded children's operation? Do I have any jumpers here? Vice Mayor Plummer: I'm sorry, I didn't hear you, Mr. Mayor. Mayor Clark: I said everybody's jumping on Hope School and jumping on Borinquen, and now nobody's... Commissioner Gort: You're saying you need thirty thousand dollars ($30,000) to do what, in specific? I'm sorry. Ms. del Monte: No. The thirty thousand dollar ($30,000) request was in social services. Commissioner Gort: You already got it. What you're requesting right now. Ms. del Monte: What I'm... Mr. Castaneda: She's requesting fifty, I believe. Ms. del Monte. Fifty... Well, actually, I requested a hundred and twenty-five... Vice Mayor Plummer: What number, Frank? Ms. del Monte: ... and when it was negated, then we went back and reduced my budget, our budget for fifty thousand dollars ($50,000). 64 May 25, 1995 Mr. Castaneda: Number 5. Commissioner Gort: To do what? Mayor Clark: You've recommended fifteen thousand ($15,000), right? Mr. Castaneda: Right. Ms. del Monte: We need expansion of two classrooms, so we can accommodate 40 more students. Mr. Castaneda: But that's under the public service category. Commissioner Gort: Forty... How many students? Ms. del Monte: Presently, we have 110. Commissioner Gort: But you're going to add to other classrooms to add 42 students; is that what you're saying? Ms. del Monte: Yes. Actually 40, There's 20, 20 in each. Commissioner Gort: Forty students. You're going to have an additional 40 students and you have the money for the support for that. Ms. del Monte: Yes. Commissioner Gort: You only need the money for the classroom expansion. Ms. del Monte: Exactly. Vice Mayor Plummer: Have you verified, Frank, that the cost of that would be... how much money? Mr. Castaneda: Well, again, what she originally requested was a hundred and twenty-five thousand dollars ($125,000). Vice Mayor Plummer: That's not the point. Mr. Castaneda: I do not know whether it can be done with the fifty thousand dollars ($50,000) that she is now requesting. I would have to review that. Mayor Clark: Can you review it and come back to us with it, Frank? Mr. Castaneda: Sure. Commissioner Gort: Why don't you get back with us, Frank. Mr. Castaneda: OK. Mayor Clark: Please. All right. Thank you, Helena. Ms. del Monte: Thank you. 65 May 25, 1995 Mayor Clark: Where is that gentleman? Yes, sir. Mr. Johnson: Good morning. My name is Sam Johnson, and I represent the Liberty City Optimist Club, one of the largest and most successful youth programs in this area. I would like to respectfully request that you allocate an amount not to exceed a hundred and fifty thousand dollars ($150,000) to upgrade the ball field lights at Hadley Park. They badly need this work, as they are one of the older light systems currently in the Parks Department. Also, we've just been awarded for the first time a bid to host the Little League Allstar Baseball Tournament on July 1st at Hadley Park. As a result, we would like you to authorize the City Manager to bid this work on an emergency basis so this work can be done immediately and be completed before July. Thank you. Mayor Clark: Thank you, sir. Thank you very much. Vice Mayor Plummer: Well, Mr. Mayor, we're seeing here, without any designation, a million - one -fifty for the Parks Department. Is any of that going to Hadley Park lighting? Mayor Clark: No. Mr. Castaneda: Commissioner, the Parks Department recommendation is to put three hundred thousand dollars ($300,000) for the Hadley Park Building out of that one point one... Mr. Odio: If you remember, you asked us to build a community building... Vice Mayor Plummer: I understand that. Mr. Odio: And a NET office. Vice Mayor Plummer: Again, my question was simple, and I wish the answer was. Is any... Mr. Castaneda: No. Vice Mayor Plummer: Thank you. Mayor Clark: OK. Anything further? All right. Patricia Allen, is she here? Vice Mayor Plummer: Oh, no, she gets nothing. No, no. Give her the time of day and send her home. Mayor Clark: Downtown Development Authority. Go ahead. Commissioner Dawkins: Commissioner Gort says you don't deserve anything. Ms. Patricia Allen: My name is Patricia Allen. I'm the executive director of the Downtown Development Authority, and we're here for continuation of funding under CDBG. Commissioner Dawkins: Mr. Mayor, I want you to... Let me tell you, I'm not going through this, OK? If you got... Make your respects... and I'm with you, but I'm not going to sit through no hour and a half or what have you. OK? Now, I'm going to tell you now. Ms. Allen: I got four slides. Commissioner Dawkins: What? 66 May 25, 1995 Ms. Allen: Four slides. Commissioner Dawkins: You got four minutes. Ms. Allen: OK. Commissioner Dawkins: OK? Ms. Allen All right. Commissioner Dawkins: All right. Let's go. Ms. Allen: The clock starts now, OK, all right. Commissioner Dawkins: Because we got all these other... We got to hear all these other people. Vice Mayor Plummer: Wait, wait. What are we addressing here, Patty? Ms. Allen: Yeah. Real quick, what we're asking for is one point six million dollars ($1.6 million) to leverage four point five million ($4.5 million). Vice Mayor Plummer: Wait, wait, wait. You have no application before us for that. Ms. Allen: Yes, we do. Commissioner Gort: DDA Flagler Market Place. Vice Mayor Plummer: That's only a million ($1,000,000). She's saying a million -six ($1,600,000). Ms. Allen: Five... Go ahead. Vice Mayor Plummer: Huh? Mr. Adam Lukin: Commissioner, we have three applications in. One is for... Vice Mayor Plummer: Sir, I'm telling you what's before us. DDA Flagler Market Place is the biggy, is a million ($1,000,000). Ms. Allen: Up there. Mr. Lukin: Yes. That is one of our three applications, the one million dollars ($1,000,000) for the Flagler Market place. Vice Mayor Plummer: Yeah, OK. And twenty-five thousand ($25,000) for environmental and public art improvements. Mr. Lukin: That's not DDA application. The... Vice Mayor Plummer: Sir, on my list here, are you not DDA, Downtown, number 17? r Commissioner Gort: Eighteen and 19. 67 May 25, 1995 Ulm Mr. Lukin: We're here... Vice Mayor Plummer: Is not... Is DDA Downtown different than what you are? Ms. Allen: What we have is a million dollars ($1,000,000) for streetscape... Vice Mayor Plummer: Excuse me. I'll ask my question simply again. Mr. Odio: That's it, that's it. Vice Mayor. Plummer: And ask, is that you or is it not you? Mr. Odio: That's the DDA. Ms. Allen: Right. Mr. Lukin: Yes, that is. Vice Mayor Plummer: Because they're saying no. Mr. Odio: What are you? Vice Mayor Plummer: Well, sir, make up your mind. Yes or no. Are you 17 or not? Mr. Lukin: Yes, we are. Vice Mayor Plummer: Now, you've changed your mind. Fine. Thank you, sir. Mayor Clark: All right. Ms. Allen: OK. Let me just go over our request for funding. Vice Mayor Plummer: I still don't understand where the hell... Ms. Allen: OK? We have a million dollars ($1,000,000) for streetscape, for lighting, kiosks, signage and pavement. We have five hundred thousand (500,000) for downtown signage, and we have a hundred thousand ($100,000) for the downtown enhancement team, which are the homeless people that we've put to work. We want to go over the leverage funding request. We have one point four (1.4) leveraged against commitments we've already received from the County. I want Adam to go over through the MPO (Metropolitan Planning Organization) process that's already awarded us those dollars. Mr. Lukin: The Metropolitan Planning Organization has granted us eight hundred and sixty thousand dollars ($860,000) to do some operational improvements on Flagler Street. It includes making Flagler Street a two-way operation. Mayor Clark: Metropolitan Planning Organization from where? The County? Vice Mayor Plummer: Yeah. They have full control. Mr. Lukin: Yes, Dade County, Dade County MPO. Within their transportation improvement program is funding... Mayor Clark: I never heard them give anybody a dime. 68 May 25, 1995 Vice Mayor Plummer: No. No. They've got plenty of money. Ms. Allen: They gave us eight hundred and sixty thousand dollars ($860,000) last... the beginning of this month. Mr. Lukin: In their five-year transportation improvement program, yes. Vice Mayor Plummer: Yeah, but we don't have, by the way, Mr. Manager, we do not, no longer, from what I hear, have any representation there. Mr. Suarez... Who is our representation? Mr. Lukin: The City does not have representation. Vice Mayor Plummer: Mr. Suarez was on that board. No longer. Mr. Odio: And the Governor appointed somebody else. Vice Mayor Plummer: Say what? Mr. Odio: The Governor appointed somebody else, not from the City. Vice Mayor Plummer: Well, I think it should be brought to the Governor's attention that this City, who is the most vital part of this community has no representation to fight for our needs. Mayor Clark: He don't care, J.L. What the hell are you worried about? Vice Mayor Plummer: Well, OK. Hey. The signage program, when you say signage, isn't that the full responsibility of... Ms. Allen: We're going to show you what that is. Adam, can you... Vice Mayor Plummer: No, Patty, my point is, all the signage for streets, as far as I know, is Metropolitan Dade County Traffic and Transportation. Commissioner Gort: The City has it, too. Ms. Allen: Wait a minute. Go to the signage... right, the ones that are of the different people. OK. That one. Mr. Lukin: The portion which we are calling the City and DDA's jurisdiction and responsibility are for sector signage that identify different sectors in downtown Miami. These would be colorful symbols and colors that would be on utility poles that help visitors understand where they are in downtown, and helps create an image. That portion of the signage project we're calling the City DDA jurisdictional responsibility. Vice Mayor Plummer: What are you getting from Merrett Steirheim for that? He is directly responsible for the problem of crime and tourism. This is what it... Well, I assume for not only directional purposes, but to reduce the crime aspect. What are they contributing? Mr. Lukin: We've worked with the Greater Miami Visitors and Conventions Bureau. We have... Vice Mayor Plummer: My question is simple, sir. How much are they contributing? 69 May 25, 1995 Mr. Lukin: We don't have any financial contribution, no. Vice Mayor Plummer: So the answer is none. Mr. Lukin: Yes. Vice Mayor Plummer: OK. The second question is, have you put in an application? Mr. Lukin: No, we haven't. Vice Mayor Plummer: Why not? Mr. Lukin: Because we've been working with the County and the State on their responsibilities for signage, for other portions. Vice Mayor Plummer: But why? If you're asking of us, without going to that scenario that has the funding, why are you coming to us first, instead of going to them, when it's their direct responsibility, and they have... Mayor Clark: Hold it, hold it. Willy. Vice Mayor Plummer: They have twelve million dollars ($12,000,000). Commissioner Gort: This is something that we inherited. The study has been going on for quite a bit. Everybody is asking the question, the improvement of downtown Miami, what we need to do on Flagler. I think the Manager has talked to them. What we're trying to do, since it's the responsibility of different jurisdictions in there, we just want to make sure that everybody complies with the funding. I'll let the Manager explain that to you. What we want to do is put the whole package together. In order to get the funding from the State, the County and the Federal government, we need to put some matching funds ourselves. Vice Mayor Plummer: Willy, it's a tremendous idea. But what I'm saying to you is, is that a great deal of the signage program came through the Greater Miami Convention. They've got twelve million dollars ($12,000,000). OK? And I think without making application to them is... You know, if you don't make the application, they're not going to run out with a check and say, "Hey, here it is." You know that and I know that. Commissioner Gort: We're going to make an application with everyone concerned with the downtown area. Mr. Odio: Well, the first thing is, Commissioner, Flagler is our main... Flagler Street is our main street. They first came to me and another, Commissioner Gort, on doing a half job on Flagler Street. Mayor Clark: See, that's how poor we are. They're turning the lights off on us now. Mr. Odio: Flagler would have looked exactly... Mayor Clark: That's how bad a shape we're in. Mr. Odio: After we spent a million dollars ($1,000,000) that they were proposing, Flagler would have looked exactly like it looks now. So I told the architects that what they should do, if they're going to do something there, is do a complete renovation of Flagler, to make it look like the main street of the City of Miami. And this is part of a program. They needed to identify 70 May 25, 1995 kr-. from us, from the State... They know that. But if you don't approve this, there is no sense in them going forward. This is our main street, ours, not the... you know. So... Mayor Clark: If we don't approve what? Mr. Odio: Approve the concept first; and second, that we will try to fund it in some way. Commissioner Dawkins: Mr. Manager. Mr. Odio: And then they go and get... Commissioner Dawkins: We approve this, we find something in some way. Explain to me how that's going to enhance the area to make businesses move on Flagler Street. Now, if you can prove that to me, you got me. Mr. Odio: Well, if we can prove that... Commissioner Dawkins: It's no sense in us doing all these beautiful streets and all what he's talking about if we're not going through a concentrated effort to get merchants on Biscayne - on Flagler Street. Mr. Odio: Well, if we do, I am convinced, after going through with the architect and designers, that if you do this in Flagler, Flagler will be one... the key marketplace of all of Dade County. Right now... Commissioner Dawkins: You're hearing me, and I'm hearing you, and we're all together. Mr. Odio: But I... Commissioner Dawkins: What are you... Who are you assigning... What are you saying to your department is... We're going to do this. It's up to you to be sure that these stores are rented out. Who's going to be assigned to do that? Go ahead, Mr. Gort. Commissioner Gort: Commissioner, I can answer that. This is the study that's going through the DDA board, it's going through the DDA staff, and the DDA will be in charge to make sure that this gets done. This before has come in front of us, as being going through the property owners in the area. You know, I know a lot of people that are not aware that DDA... Commissioner Dawkins: I second it, I second it Mr. Gort's motion. Commissioner Gort: ... DDA is funded by a fund... it's an extra tax that people downtown pay. Commissioner Dawkins: I second Mr. Gort's motion. Vice Mayor Plummer: What is the motion? Mayor Clark: All right. Commissioner Dawkins: I don't know, whatever it is, make that... I second. Commissioner Gort: The motion is to approve the concept of the marketplace, the Flagler Marketplace, the signage programs, and the City Manager will work with our staff to make sure that we can get the funding through other sources and whatever we can from the City. 71 May 25, 1995 Mayor Clark: Great, somebody paid the bill. Commissioner Dawkins: I second. Vice Mayor Plummer: Mr. Gort, I'm going to vote for it, but I want to reserve the right to be afforded a copy of the total breakdown of the program, which I have not received at this point. Commissioner Gort: Right. Vice Mayor Plummer: That program... That vote of mine will be containing a veto, that if don't I understand it, I have the right to bring it back to this Commission. I have not seen this program, other than what's here in numbers alone. Commissioner Gort: Right. The reason they can't make a full presentation today - and we didn't expect them to make so, but I hope you sent an information package to all the Commissioners so that they can understand it. Mayor Clark: Call the roll. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 95-412 A MOTION APPROVING CONCEPT OF (1) THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FLAGLER MARKET PLACE [#8*] AND (2) DOWNTOWN MIAMI SIGNAGE GATEWAYS [#19*]; FURTHER DIRECTING THE CITY MANAGER TO FUND SAID PROJECTS FROM AN IDENTIFIABLE FUNDING SOURCE; FURTHER STIPULATING THAT VICE MAYOR J.L. PLUMMER BE GIVEN A TOTAL BREAKDOWN OF PROJECT COST AND THE RIGHT TO DENY APPROVAL, IN WHICH CASE SAID MATTER SHALL BE BROUGHT BACK BEFORE THE COMMISSION FOR FURTHER CONSIDERATION. (*Note: The numbers in brackets at the end of the agencies' names [followed by the asterisk] designates the number which was assigned to the project in the booklet entitled "Community Development Consolidated Plan 1995" which is part of Resolution 95-412, which amends the FY 95-96 HUD Consolidated Plan.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Ms. Allen: Thank you. Mayor Clark: Carolyn Nesbitt. 72 May 25, 1995 M Vice Mayor Plummer: Wait a minute. Mr. Mayor, did Mr. Alonso want to speak? God knows, if anybody should have the right to speak, he is probably one of the biggest merchants down there, and I think we would like to hear - I'd like to hear what he has to say. Mayor Clark: Well, listen. Mr. Tony Alonso: Well, if we... My name is Tony Alonso. I'm the owner of La Epoca Department Store. I am the proud owner of the Walgreen's Building on Flagler Street. I do have a question, because I was going to support what the Manager was saying, but... We got the votes, but what did we get? Did we get approved for funding through CDBG funds? Vice Mayor Plummer: If you figure it out, you let me know. Mr. Alonso: Well, I... Commissioner Gort: Sir, you got approval of the concept and the City Manager is going to work with us to secure and find the funding to do the program. Mr. Alonso: Then I'll make my comments. I think Flagler Street should be the most beautiful street in Miami. I've been saying that for many years when my store has been a block away from Flagler. Now, I am the proud owner of what I think is the most beautiful building on Flagler Street, where, come this fall, I'm going to move my store over there. I'm going to start and move, and as much of a modest investment as is, as much as I can, to see how we're doing, because retail has gone through a crisis in downtown Miami. I am going to stage this project and open up the atrium of that building, and renovate and make a sizeable investment. But it all is contingent on how well I do in the store. And I think and I am convinced that my store, as well as other stores downtown, are going to do well only if Flagler Street is renovated, so that we can compete with the malls, and we can make that the most beautiful retail street in all of Florida, if possible. This project will do it. The monies that are being requested through funding through CDBG are the matching funds from the City of Miami. We've already got commitments from the State, from the County. The City needs to make its down payment. The City needs to make this commitment, and this is the monies that need to be allocated through this source. Otherwise, it's not going to happen, and we're going to keep talking about it, and the stores... Vice Mayor Plummer: How much is that down payment? Mr. Alonso: Stores as mine are not going to thrive. Mayor Clark: A million dollars ($1,000,0000). Mr. Alonso: And if I don't thrive, I'm not going to make the sizeable investment in that building, as well as other people, in order to continue. Vice Mayor Plummer: How much is the down payment? Mr. Alonso: One million dollars ($1,000,000) for the street. The total funding is 1.6 through the slide that it was made. Vice Mayor Plummer: Let's get some answers, am. Mr. Manager, without the down payment, from? That's a simple question. Don't let the man walk away as confused as I we lose. Where is the down payment coming Commissioner Dawkins: Before you do that, J.L., what do we lose if we don't come up with the down payment? That's the first thing I need to know. 73 May 25, 1995 Vice Mayor Plummer: We lose him and his business, to begin with. Commissioner Dawkins: Yeah, but he said... But now, wait now, because maybe I... Maybe I've been here a little too long today. He said Dade County has already given a commitment. He said the State of Florida has given a commitment. The only commitment we don't have is the City. Now, if he knows that the County has given a commitment, if he knows that the State of Florida has given a commitment, he must know how much. Vice Mayor Plummer: Well, he said a million dollars. Commissioner Dawkins: No, he did not. Vice Mayor Plummer: Oh, how much they're making? I'm sorry. Commissioner Dawkins: See, you're the one who's been here a little too long this morning. Mr. Lukin: Commissioner, I can answer that question. Mayor Clark: Yes. Commissioner Dawkins: No, no, you don't. See, why is it that I've got staff, we got a gentleman here who made the statement, and you've got to answer? Somebody, come on. Vice Mayor Plummer: I, personally, I'd rather hear from the chairman, Mr. Gort. OK? Commissioner Dawkins: OK, me too. That's who I'm following... I'm following his directions. Vice Mayor Plummer: Mr. Gort, I would prefer to hear from you as chairman of the committee. Commissioner Gort: You already heard from me. I already made a motion, I'll pass it down... Vice Mayor Plummer: No, sir. The question that my colleague has asked is, how much commitment from the State and how much from the County? Mr. Alonso: Four point five million dollars ($4.5 million) are contingent on this project moving. Commissioner Dawkins: OK. That's what I need. That's all I need, Tony. Vice Mayor Plummer: And what you're saying is, that is a definite if we make our commitment. Mr. Alonso: That is correct. Vice Mayor Plummer: I go back to my question. Commissioner Dawkins: One point five (1.5) generates four point five (4.5); that's what you're saying? Mr. Alonso: That's correct. Commissioner Dawkins: That's all I ask. Vice Mayor Plummer: I go back to my question. 74 May 25, 1995 Mayor Clark: Where's the money? Vice Mayor Plummer: Mr. Manager, where is the money coming from? Mr. Odio: Well, let me... Let me answer. I want to say on the record, though, that if we commit to the half a million dollars we had talked about on the CD float loan, that the Flagler Street will be renovated according to this plan, and not use the four and a half million dollars to do a half job. That's what I said all along, Patty. Now, I haven't heard you... See, I will recommend the half a million dollars CD loan so that you can get the four and a half, provided you use the four and a half to a full plan, and not... Ms. Allen: That's exactly what we wanted to show you, Cesar. That's why we're here. I sure will show you that in the presentation. That's what Commissioner... Commissioner Dawkins: But all you have to tell him is yes. You don't have to show him. Tell him yes. Ms. Allen: Yes. Vice Mayor Plummer: Now, let me ask another question. Is there any truth to what I've heard, a rumor that says that Flagler Street is going to be closed to vehicles? Mr. Odio: No. They are proposing, as a matter of fact... Ms. Allen: No. It's going to be two-way. Mr. Odio: ... a two-way street on Flagler and remove... Vice Mayor Plummer: And not a mall. Mr. Odio: ... ask the buses to go on the side street, and really do something nice there. But at first, they were talking about just leaving it like it was, but doing some improvements, but that's not what you should do. Ms. Allen: That's what we wanted to walk you through. Vice Mayor Plummer: OK. j Mr. Odio: Maybe... I have sat through their presentation. It's very... You should... Maybe they can schedule in your offices to see it with all the slides. j Commissioner Dawkins: I think they've been to every office, Mr. Manager. Mr. Odio: OK. Mayor Clark: Yeah, I've seen it before. Commissioner De Yurre: Just to be clear, are you saying that with a loan guarantee of half a million dollars... Mr. Odio: Then they can draw up to four and a half. Commissioner De Yurre: Is that all it takes? 75 May 25, 1995 k,r Mr. Odio: No. Mr. Alonso: No. It's one million dollars ($1,000,000). Mr. Odio: It's going to take 13 but... Mr. Alonso: One million dollars ($1,000,000), not half. Mr. Odio: What do you want? A million dollar float? Mayor Clark: One million ($1,000,000). Commissioner Gort: What do you want, a million dollars ($1,000,000) committed today? Because I'm not ready for that. Mr. Odio: I thought it was... Commissioner Gort: I, as the chairman, am not ready for that, so I will not make that motion. Mr. Alonso: OK. Mr. Odio: I thought we were talking about half a million dollar loan today so you can get your four and a half million, you can do the planning, and everything else. Commissioner De Yurre: OK. Now, that is my question. Does the half a million dollar loan, is that what is needed to obtain this four and a half million? Now, he's saying no, and, you know, so I... If we're going to give a loan, is it going to accomplish what we want to set out or not? If not, then there's no reason to do that. Mayor Clark: Well, let me... Commissioner De Yurre: What will half a million dollars do? Ms. Allen: The half a million... Go ahead, Adam. Mr. Lukin: We are requesting one million dollars in our grant application for streetscape improvements, which is a component of the project. The funding we have from County and State is purely operational. It's to turn Flagler Street from a one-way to a two-way street, and it's also to change some curbs to allow for an electric shuttle bus system in future. The County and State funding is purely an operational improvement. We're looking to the City to do the streetscape improvements, of which we're asking for one million dollars ($1,000,000) for streetscape, and half a million dollars for signage, sector signage for downtown. Commissioner De Yurre: So then you're telling me that the four and a half million dollars is not to physically improve Flagler Street, just to change the way it's run. Mr. Lukin: The State and County funding is purely for operational changes. Commissioner De Yurre: OK. Nothing physical. Ms. Allen: The enhancement has to come from the City, right. Mr. Lukin: Well, it requires changes to curb lines, it requires changes to signals, it is physical. 76 May 25, 1995 Mayor Clark: Please, please, please. Your chairman has stated he is not going to vote for that today, and I am going to call this session into recess until 2 o'clock. Vice Mayor Plummer: Mr. Mayor, excuse me. Can we reserve these funds? Because if you don't, they're going to be gone. I would say if we don't vote on it today, we've got to reserve the funds. Commissioner Dawkins: I'll follow the chairman... Mayor Clark: We'll be back here at two o'clock, folks. Vice Mayor Plummer: OK. Commissioner Gort: Mr. Mayor, I got one item that needs to be heard before we break. Commissioner Dawkins: No. Vice Mayor Plummer: No. When the Mayor says we're gone, we're gone. Bye-bye, adios, I'll see you at two -thirty. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11:57 A.M. AND RECONVENED AT 3.01 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER DE YURRE. Vice Mayor Plummer: Mr. Mayor, if I may, for the announcement, I just received a call that the Mayor of - excuse me - the President of San Jose - the President of Costa Rica was involved in a plane crash. I'm happy to report that it was a light plane, he was flying into Limon, the plane ran off the end of the run strip, he does have some minor injuries, it's nothing serious, and to say thank God. And I express that on behalf of this Commission to the consul here in Miami, and ask them please to convey on. Commissioner Dawkins: Is that the plane you went to the airport on yesterday? Vice Mayor Plummer: No, sir. Commissioner Dawkins: OK. Vice Mayor Plummer: I don't go in light planes. Commissioner Gort: He was around the plane. I saw him. Vice Mayor Plummer: The only problem they have in Limon, Commissioner, is that everything is great if they get the cows off of the runway. If they don't, God bless them. Mayor Clark: All right. Where are we? Is everybody here? Vice Mayor Plummer: The ones that care. Mayor Clark: All right. The hour is three-o-two. Now, there's got to be a motion in order now to... with the exceptions that... concerning Hope School and that we vote on... Vice Mayor Plummer: Well, Mr. Mayor, I think that it's duly recorded by the Clerk of the exceptions that have been voted on and changed by this Commission, and at such time, I am 77 May 25, 1995 ir- ready to offer a motion that, in fact, the budget which has been presented, and also those amendments which have been agreed upon to be moved as approved, and I'm ready to make that motion. Commissioner Dawkins: Then the public hearing is closed and there's no one else to be heard? Mayor Clark: No. Vice Mayor Plummer: It was my understanding... Mayor Clark: Not on this, sir. Commissioner Dawkins: OK. OK. No, no, no. We've closed. Mr. Manuel Gonzalez-Goenaga: I didn't have the opportunity tomorrow - this morning. Commissioner Dawkins: You weren't here, that's all. That's not our problem. Mayor Clark: Sir... Mr. Gonzalez-Goenaga: A closing statement regarding all that was discussed tomorrow - this morning. May I address the Commission for one minute? Mayor Clark: One minute. Mr. Gonzalez-Goenaga: We heard... My name is Manuel Gonzalez-Goenaga. I reside at 2469 Southwest 14th Street. I was watching this morning what was said here, begging and giving thanks. No, that's not the way, because it's not their money, it's our own money, Federal money. Basically, we are the taxpayers. The thing is that the money that was given this morning, Santa Claus normally gives money, gives to somebody that voluntarily gives. But here, these five Santa Claus are giving taxpayers' money. And then to finish, what is needed, Commissioners, is to give money and accountability of the money to the... And give the money to the less fortunate people, that this money must be guaranteed that goes directly to the needed and recipients, not to expenses, salary expenses of the people that were here very well dressed. And I would like to know... A question. What is the amount of money on all these agencies that is expense in salaries and people? In other words, the percentage of overall grants that go to administrative expenses of every single agency. A ball park figure. Vice Mayor Plummer: They're limited. Mr. Castaneda: Most of the money goes to pay for salary or operating expenses for the agency. Mr. Odio: Of the CBOs, fifty thousand dollars ($50,000) we give them... Vice Mayor Plummer: That's not what he's saying. Mr. Gonzalez-Goenaga: No, no, no. Overall. Mayor Clark: All the different... All the different grants. We got you and we appreciate... Mr. Gonzalez-Goenaga: OK. Well, to the last point, this City management, the way it resolves the problems with the Commissioners is by seducing them. And I sincere... Mayor Clark: OK, all right. 78 May 25, 1995 A Mr. Gonzalez-Goenaga: some of the Commissioners. And I sincerely hope, since I am not respected here in this Commission, that the State Attorney's Office will investigate what's going on in the City of Miami... Mayor Clark: Thank you. Mr. Gonzalez-Goenaga: ... and if she doesn't have the guts - because she doesn't have guts - let's have the U.S. Attorney, Mr. Kendall Coffey. Mayor Clark: Thank you. Mr. Gonzalez-Goenaga: Thank you very much. Commissioner Dawkins: Let's have both of them investigate us. Mayor Clark: All right. Now, the motion is made by Mr. Plummer. Vice Mayor Plummer: I made the motion, Mr. Mayor. Mayor Clark: Is there a second to the motion? Commissioner Dawkins: What is the motion, J.L.? Vice Mayor Plummer: To make... To accept the recommendations, excluding and including... Mayor Clark: The amendments we made this morning. j Vice Mayor Plummer: ... the amendments which were voted upon by this Commission here this morning. Commissioner Dawkins: OK. I second the motion and add to that that I will be sending the Manager a memo about the distribution of certain funds between the target areas equally. Mayor Clark: All right. Vice Mayor Plummer: I would add to that motion that what you do is, in fact, send the Manager that memo immediately so he would not disburse in those areas that you have questions on. Commissioner Dawkins: Thank you. Mayor Clark: All right. Call the roll, Mr. Clerk. NOTE FOR THE RECORD: Commissioner De Yurre entered the Commission UhambWr at 3:06 p.m. 79 May 25, 1995 The following resolutions 'fie introduced by Vice Mayor Plumme ''ho moved their adoption: RESOLUTION NO. 95-413 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT(S) TO THE CITY MIAMI'S FY 1995-96 PROPOSED CONSOLIDATED PLAN FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), EMERGENCY SHELTER GRANT (ESG), AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS, APPROVED AND ATTACHED TO RESOLUTION NO. 95-179, ADOPTED MARCH 9, 1995, IN AMOUNTS AS SPECIFIED BY THE CITY COMMISSION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID AMENDMENTS. RESOLUTION NO. 95-413.1 A RESOLUTION, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SEVENTY (70) NEIGHBORHOOD ORGANIZATIONS FOR THE PURPOSE OF IMPLEMENTING NEIGHBORHOOD ECONOMIC DEVELOPMENT, SOCIAL SERVICES, AND HOUSING DEVELOPMENT PROGRAMS; ALLOCATING FUNDS, THEREFOR, FROM THE TWENTY-FIRST (21) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FOR AMOUNT AS SPECIFIED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolutions were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: Before I vote, I'd like to clarify one point, which is that we are not able to fund if it was not amended, but I'd like to see the Hadley Park that... something for the Parks Department to do with those lights. We got a lot of kids that are working in there. They got a great program where they're keeping the kids after school, entertaining them and doing the right thing, so I'd like for that to take place. Yes. Commissioner Dawkins: Which program is it, Mr. Gort? Commissioner Gort: The lights for the Hadley, for the park right across from your house. 80 May 25, 1995 Commissioner De Yurre: For Hadley. Commissioner Gort: Hadley Park. Mayor Clark: We'll work on that very diligently. Vice Mayor Plummer: Yeah, work on the distribution of the Park money. Mayor Clark: Continue the roll call. Vice Mayor Plummer: The million -one -five. Commissioner De Yurre: Following this same line, it's my understanding, Frank, that you can make the money available to put up those lights immediately. Is that the case? Mr. Castaneda: We have one million -one -fifty in there, and we can do that. Yes, Commissioner. Mayor Clark: All right. Commissioner Dawkins: Wait a minute. You did not answer his question. Mr.Odio: Yes. Mr. Castaneda: Yes, Commissioner De Yurre: OK. And it's going to be done? Mr. Odio: You're talking about... You're talking about Miller Dawkins Park. Commissioner Dawkins: Yes, he's talking about my park, and that light means I will not have to burn the lights in my house, which will reduce my light bill every month. Mayor Clark: OK. Commissioner Dawkins: And I'm in favor of that. Commissioner De Yurre: OK. So with that understanding, I vote yes. Mayor Clark: I vote yes, and I wish you would give the del Monte lady on the Department of Retarded Children, a look at that. Mr. Castaneda: We'll look at that. Mayor Clark: Capital improvement. Mr. Castaneda: And we'll take care of that. Mayor Clark: All right, fine. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: Mr. Mayor, if I may. May 25, 1995 Mr. Castaneda: Commissioner, excuse me a second. Vice Mayor Plummer: Go ahead. Mr. Castaneda: Could you also authorize me to enter into contract with the social service agencies, economic development and housing agencies? If not, I will have to come back here next week again. Vice Mayor Plummer: I would suggest that you enter into the agreements and send them to us, and then we will tell you whether to bring it back next week or not. Mr. Odio: In other words, as an exception, if he's... Vice Mayor Plummer: That's whether or not we have... If we have any problems, then we'll tell you so. If not, then next week after that Commission meeting, you're done. Mayor Clark: All right. Mr. Jones: Part of... Mayor Clark: I vote yes, with that... Commissioner Dawkins: OK. The roll has been called. Mayor Clark: Yes, sir. Commissioner Dawkins: Now, Mr. Manager, you said that you're going to spend a hundred and fifty thousand dollars ($150,000) to fix the lights in Hadley Park? Mr. Odio: I understand it costs up to three hundred thousand ($300,000). Commissioner Dawkins: All right. So you're going to spend three hundred thousand ($300,000)? Mr. Odio: We have to if that's what you order me to do. Commissioner Dawkins: All right. We're going to spend three hundred thousand dollars ($300,000) to fix the lights. All right. Come to the mike, Mr. Johnson. Mr. Johnson: Good afternoon. My name is Sam Johnson. Commissioner Dawkins: OK. The letter that you received said the lights should be operational by when? Mr. Johnson: By July 1st. Commissioner Dawkins: All right. Now... Mayor Clark: I don't think you can do that. Vice Mayor Plummer: Noway. Commissioner Dawkins: But see, that's my point, see. We... M. May 25, 1995 Mr. Odio: Commissioner, may I clarify, please? Mayor Clark: Let's see, Miller. Just a minute. Commissioner Dawkins: OK. Wait a minute. Wait a minute. OK, go ahead. Mr. Odio: If I may clarify. We have placed here on the capital improvements, it says Hadley Park lighting and irrigation and fencing, so - for three hundred and thirty-five thousand ($335,000) - so if you approve up to three hundred thousand ($300,000), we can do the complete job. Vice Mayor Plummer: Of course. Commissioner Dawkins: Mr. Johnson came and asked for lights. Mr. Johnson gave each of these Commissioners a cost breakdown of a hundred - estimate of a hundred and fifty thousand dollars ($150,000); am I correct, Mr. Johnson? Mr. Johnson: That's correct. Commissioner Dawkins: Now, so therefore, we just said that we are going to fix the lights. Now, Mr. Johnson says we... that the lights need to be fixed by July 1. Mayor Clark: Can you do that? Commissioner Dawkins: Around here, every time you want something done, it gets done as an emergency, and bring it back after the fact. Mr. Odio: I would like for you to approve an emergency. I told you I would not approve emergencies. Commissioner Dawkins: That's right. All I'm trying to say is, I don't want Mr. Johnson to leave here not knowing the date the lights will be completed and turned on. And when I say me, I mean all five of us. I don't mean "me." Vice Mayor Plummer: Well, I have to ask a question. Commissioner Dawkins: Go right ahead. Vice Mayor Plummer: What does doing an emergency cost extra? Mr. Odio: No, it won't, because what we do is, we get... Commissioner Dawkins: Nothing, because you got other people doing electrical... You know what? That's what I'm saying. When other emergencies come up here, nobody is concerned if it costs extra, if it costs less, if it costs the same. But now, because of this one, we want to know if it costs extra. Mr. Odio: No, it won't. Vice Mayor Plummer: Well, I'm just asking, if you go into overtime, it always costs extra. And I'm asking... Mr. Odio: No, no, what we... The only difference is, Commissioner... 83 May 25, 1995 Vice Mayor Plummer: ... whether or not it is. Mr. Odio: ... when we go into an emergency, is that I can go ahead and today go out and contact the companies that do the work, get a price, and our... Commissioner Dawkins: You can go out, Mr. Manager, and get three telephone bids and get the work done. 'That's all I'm saying. Mayor Clark: All right. Commissioner Dawkins: Wait a minute. What do you say, now? Vice Mayor Plummer: That's fine. Commissioner Dawkins: Huh? Starting today. Mr. Odio: We're have it July the 1st. Commissioner Dawkins: Beg pardon? Mr. Odio: We'll have the lights ready on July 1st. Vice Mayor Plummer: You better be out there with matches otherwise. Mayor Clark: All right. Commissioner Dawkins: Go over there and make sure that we know what they're saying, man. Mayor Clark: All right. ---------------------------------------------------------------------------------------------------------------- 3. VICE MAYOR PLUMMER CONGRATULATES THE MANAGER AND CITY OF MIAMI POLICE DEPARTMENT ON MEDIA REPORTS THAT FT. LAUDERDALE NOW HAS HIGHER CRIME RATE THAN MIAMI. Vice Mayor Plummer: Mr. Mayor, if I may. Mayor Clark: Yes, sir. Vice Mayor Plummer: I think it is worthy of note, and we should congratulate the Manager and the Police Department that they have passed the torch on as being number one in crime to Fort Lauderdale. I don't feel that Fort Lauderdale really appreciates that. My good friend, Jim Naugle, the Mayor of Fort Lauderdale, will probably punch me in the nose the next time I see him. But let me tell you something. That stigma which we have had, in my estimation, for so long a period of time, which I don't think was realistic, because as you know, whenever we hear anything that says - what is the word I want? - Dateline, Miami, you know, it's 60 miles away, but Miami is the closest City, and CNN carries it worldwide that it's Miami. We get unjustly, in my estimation, crucified. But it doesn't come about easy to get that reduced. They have done it, they have taken it and run with it, and I want to congratulate both the Manager and the Police Department for doing a job that really proved in the ultimate, all that ends well is well. I'm looking for you to drop down to at least number five by the end of the year. 84 May 25, 1995 --- ------------------------------------------------------------------------------------------------------------ 4. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) (MAY 30, 1995) -- FOR UNIFIED DEVELOPMENT PROJECT (UDP) CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL / RECREATIONAL USES ON CITY -OWNED WATERFRONT PROPERTY AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY -- PROVIDE FOR POSSIBLE LEGALIZED j GAMBLING. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. Let's move that - that's all, Frank. Let's move that Resolution Number 2, authorizing the issuance of a Request for Proposals. Is there a motion on this item? Moved by Mr. De Yurre. Vice Mayor Plummer: Yes. Mayor.Clark: Second. Call the roll, Mr. Clerk. Mr. Walter Foeman (City Clerk): Roll call. Commissioner De Yurre. Commissioner De Yurre: Yes. Mr. Foeman: Vice Mayor Plummer. Vice Mayor Plummer: Yes. Mr. Odio: I need to make five amendments on this RFP, please. Vice Mayor Plummer: Five? Mr. Odio: It's very short amendments. May I put it on the record? Mayor Clark: What are they? Quick. Mr. Odio: OK. Number... OK, you go ahead. Mr. Courtney Allen: The lease term. We're adding two five-year extensions to the 30-year based lease term. l Commissioner Dawkins: Why? Why? Why? You've already given it to them for 30 years. Now you're going to give it to them for 40? Mayor Clark: No. Commissioner Dawkins: No, no, no. It's not - no amendment. Mr. Allen: OK. Mr. Odio: It's only... Commissioner Dawkins: Go ahead, Mr. Manager. May 25, 1995 k, Mr. Odio: We don't have to do it, Commissioner, but it was just to give us us leeway in negotiations, in case we didn't get enough bidders. That's all we're asking here. It's not the contract that we're asking for, but a leeway. Commissioner Dawkins: I'm sorry. Ain't no sense in bothering with this. jMr. Odio: We'll have to come back to you. Mayor Clark: OK. Go ahead. What is the rest? Mr. Allen: The financial return to the City, the base rent payment is allowable to be deferred for up to ten years, based on... Commissioner Dawkins: There you are. Now, you're going to give them the land, and then they don't pay you nothing. You're going to give them the land for 40 years, and they don't give you nothing for ten years. Naw. Mr. Allen: It's an allowance for a deferment, based on investment. Mr. Odio: Please, let me explain this. Let me explain this. What we were asking in the original... Mayor Clark: Why do we come up with all these amendments today, now? Commissioner Dawkins: That's right. Mr. Odio: Because if we don't, the RFP would be... Mayor Clark: Well, why didn't you put them in the RFP to start with? Commissioner Dawkins: To begin with. Mr. Odio: Because... We had to amend it because after a meeting with proposers, and then we would not get any proposals. Mayor Clark: All right, all right. What's the other one? I 1 Mr. Odio: What we're saying is, if you invest a million and a half, you pay minimum rent, period. But if you want to invest more to make the property worth more, and if you invest, let's say, one million dollars ($1,000,000) over what we are asking you to do, we'll reduce the rent i payments for ten years, defer them for ten years so that you can pay for that capital improvement. Commissioner Dawkins: OK. Mr. Mayor, I want to say one thing. Mr. Odio: And then we get our money back. Commissioner Dawkins: I'm going to say one thing, and keep quiet. Mr. Odio: OK. Commissioner Dawkins: This is the kind of business that does not give credibility to us. Now, you've come along, and you go out with an RFP (Request for Proposals). Most minorities do not 86 May 25, 1995 k�- bid on it, because they can't handle it. Then when the RFP gets out and the minorities have forgotten all about it, then you come in because the big developers say, "I cannot bid on it unless you add these caveats." Now, you're going to add these caveats. The big developers got what they want, and the little minority people don't have anything. Now, I'm finished, Mr. Mayor. Mr. Odio: Commissioner, that... a Mayor Clark: All right. Other than that, what's the amendment. Mr. Odio: The other one is... Vice Mayor Plummer: Well, wait a minute, wait a minute, whoa, whoa, whoa. When you say you are deferring the base rent, are you talking about the minimum... Mr. Odio: Of a portion. Vice Mayor Plummer: Let me ask my question, please. Mr. Odio: OK. I'm sorry. Vice Mayor Plummer: Are you saying the minimum annual guarantee, which is rent, is that what you're going to defer for ten years? Mr. Odio: No. Let me... OK. If the minimum rent - excuse me - is one hundred and eighty thousand ($180,000), and they invest - that's for a million and a half dollars - if they go ahead and invest a million dollars ($1,000,000), we would defer a portion of that minimum payment so that they can pay for the additional capital improvements there. That's deferred. Vice Mayor Plummer: Is that out of the minimum annual guarantee? Mr. Odio: Yes. That means it would be reduced to... The minimum guarantee would be reduced from one -eighty to about one hundred and twenty dollars ($120), approximately - a hundred and twenty thousand dollars ($120,000). Vice Mayor Plummer: But at the end of ten years, they would pay another lump sum? Mr. Odio: They would then pay... They would have to pay us back. Vice Mayor Plummer: Plus interest? Mr. Odio: That's negotiable, yes. Vice Mayor Plummer: No, it's not negotiable. Mr. Odio: Yes. Vice Mayor Plummer: You either put it in the RFP... Mr. Jack Luft: All right, with interest. Mr. Odio: Yes. Vice Mayor Plummer: ... that it is a known factor, or it's not. 87 May 25, 1995 Mr. Odio: Yes. Vice Mayor Plummer: OK. Mr. Odio: Thats all it means if they don't invest a million dollars ($1,000,000), we get our minimum payment, period. Mayor Clark: All right. What's the next one? Mr. Odio: It's to incite them to invest more monies in the program. The other one is that... Commissioner De Yurre: Hold it, hold it, I have a question on that one, Mr. Mayor. You say that it will be deferred for a period not to exceed ten years. Mr. Odio: Correct. Commissioner De Yurre: What happens, let's say, after that tenth year? How are we going to get the money? Are we going to get one lump sum payment? Mr. Odio: They have to pay us back, yes. Commissioner De Yurre: In one shot, immediately. i Mr. Odio: Yes, sir. Well, not necessarily a lump sum. They can add up to the minimum payment. What we could do, and this is... Commissioner De Yurre: Then you're deferring it for 20 years. Vice Mayor Plummer: No, no, no. No, no. Mr. Odio: No, no, because we... It's negotiable. Mayor Clark: No, no. If you say this, you're not saying reduce anything. You're saying defer, that's all. Mr. Odio: Defer, defer. Mayor Clark: Not reduce. Vice Mayor Plummer: Yeah, but, you know, when you say to me right now... Mayor Clark: I swear to Christ. I can't make sense of this next damn thing. Vice Mayor Plummer: ... that anything here is negotiable, how does a bidder know what is negotiable and what's not? Mr. Odio: Well, we're saying it up front. They will be told up front that when you sit down and negotiate a contract, once you are the lowest bidder or the approved bidder, that we expect that if you're going to invest two and a half million dollars, we have to negotiate what your minimum payment will be, or what portion will be deferred. Mayor Clark: And it all has to come back here, J.L. Vice Mayor Plummer: Yeah, Steve, I understand, but... 88 May 25, 1995 S Mayor Clark: It all has to come back here before it goes out. Vice Mayor Plummer: Look, if I'm sitting here and if I'm a proposed bidder - OK? - I've got to know the rules of the game. Mr. Odio: They will be... Vice Mayor Plummer: And that's what I'm trying to establish here; that if, in fact, I am a bidder, how do I know when you want the money back, OK? You got to tell me in the initial RFP that at the tenth year, I expect it back in one lump sum... Mr. Odio: Fine. Vice Mayor Plummer: ... or it's negotiable and we can prorate it out at "X" percent, but you've got to tell me that. Other than that, I can't put my numbers together. Mr. Odio: We'll put it... Mr. Luft: We'll state it is paid within ten years. Mr. Odio: Yes, sir. Commissioner De Yurre: So we will put that at the end of the, at most, the ten-year period... Mr. Luft: Right. All deferral payments. Commissioner Dawkins: Balloon note. Commissioner De Yurre: We get a one payment for the total amount that's been deferred... Mr. Odio: Right, correct. Commissioner De Yurre: ... within, you know, immediately. I don't want to hear... Mr. Odio: Let me say something else. Vice Mayor Plummer: Plus interest. Mr. Odio: And I didn't want to say it because it may confuse you. Vice Mayor Plummer: Plus interest. Commissioner De Yurre: Oh, yeah. Mr. Odio: Necessarily, if they're doing very well, we may be talking about not the minimum payment, but a percentage of whatever gross business they do. So this may not come into play at all, you understand. Commissioner De Yurre: No, no, but hold it. You're going... You're saying that if we have a hundred eighty thousand ($180,000) minimum guaranteed payment annually... Vice Mayor Plummer: Correct. 89 May 25, 1995 11\ Commissioner De Yurre: ... of which you're telling me now that you will negotiate how much is going to be deferred; is that what I'm hearing? Mr. Luft: No, sir. Vice Mayor Plummer: No, no. Let's have another understanding, I mean, because that's another major... Commissioner De Yurre: Well, J.L., J.L., hold it a second. Hold it a second. Vice Mayor Plummer: OK. Go ahead. Commissioner De Yurre: OK. You're telling me, then, that of the hundred and eighty minimum guarantee, part of that may be deferred, including... Mr. Luft: If there's... Commissioner, if I may. Mr. Odio: Wait, wait, let him finish, because I want to hear him. Commissioner De Yurre: ... including whatever additional monies we'd be getting, based on the percentage. Mr. Odio: No, no, sir, that's not. Commissioner De Yurre: OK. So what would we be deferring? Mr. Odio: It's the minimum payment guarantees. Commissioner De Yurre: Up to a hundred and eighty thousand dollars ($180,000)? Mr. Odio: Up to a hundred... If we... If they invest another million dollars, the minimum guarantee may become a hundred and twenty thousand ($120,000), say. So you are deferring sixty thousand dollars ($60,000). Commissioner De Yurre: OK. Now... Mr. Odio: In the meantime, they may very well do better than just the minimum payments, because the business is doing well. Commissioner De Yurre: And that's my question. Let's say that instead of one -eighty they're making two -twenty. Mr. Odio: Two -twenty. Commissioner De Yurre: Are we then deferring a hundred thousand dollars ($100,000) and getting one -twenty? Mr. Luft: No. Mr. Odio: The deferred portion, to make it simple, would be sixty thousand ($60,000). Commissioner De Yurre: OK. If you tell me... Mr. Odio: It's fixed. It's fixed. 90 May 25, 1995 r Commissioner De Yurre: If you're fixing it at sixty.,. I Mr. Odio: It's fixed. Commissioner De Yurre: ... then we know that. We don't have to play games about negotiating. We know that sixty is going to be deferred for up to ten years, at most, and at the end of the tenth year, we get six hundred thousand dollars ($600,000)... Mr. Luft: Six hundred. Mr. Odio: Plus interest. Commissioner De Yurre: Plus interest. Now, what interest are we going to determine? Is it going to be market rate, floating? Ms. Linda Kearson (Assistant City Attorney): I would recommend market rate interest. Mr, Luft: Prime plus two. Ms. Kearson: Yeah, absolutely. Whatever the prevailing interest rate is, absolutely. Commissioner De Yurre: OK, Like... It's going to be like adjustable annually; is that what we're saying? Ms. Kearson: That's what I would recommend. Commissioner De Yurre: OK. So an adjustable annual rate. Ms. Kearson: That's what I would recommend. Vice Mayor Plummer: So what we're doing, in effect, is giving them the money to build. Commissioner De Yurre: OK. Vice Mayor Plummer: All right. My question is... Commissioner Gort: Someday, you'll let me ask one. Vice Mayor Plummer: ... the percentage of deferred amount of rent. What percentage of the deferred rent can they do? Can they do 20 percent? There's got to be a maximum. What is the amount, percentage of deferred that they can defer? I don't want them to defer 100 percent. What is the minimum? Mr. Odio: That's what I was saying. If the minimum rent is one -eighty, the most I would see them dropping down is to one -twenty. Vice Mayor Plummer: Sir, forget about the one -eighty. What in percentage is the minimum amount that we will tolerate? Is it 20 percent? Is it 30 percent? What is it? Mr. Luft: Not less than 50 percent. Vice Mayor Plummer: Not less or not more? 91 May 25, 1995 Mr. Luft: We would not receive less than 50 percent of the minimum guarantee but... Vice Mayor Plummer: So you're saying maximum deferred would be 50 percent of the annual? Mr. Luft: Up to 50 percent. Vice Mayor Plummer: That's... I won't go along with that. I'll go along with 25, but I won't go with 50. Mr. Luft: Twenty-five percent. Commissioner De Yurre: Hold it. J.L., I don't understand what we're saying here. We just talked about sixty thousand dollars ($60,000) flat, right? Mr. Luft: No. OK. Commissioner De Yurre: Because that's the end, that... Vice Mayor Plummer: No, I'm not talking... Mr. Luft: That's 30 percent. Vice Mayor Plummer: Victor, you can't talk sixty thousand dollars ($60,000) flat, because that's minimum annual. That's the next thing I'm getting to. It could be two hundred thousand dollars ($200,000). Commissioner De Yurre: So we get one -forty. Mr. Odio: Why don't we do that, J.L.? Mr. Luft: Explain why we do this, and I'll tell him why. Mr. Odio: J.L., why don't we do that. Why don't... You could... It's easier that you... If the minimum payment is one -eighty... Vice Mayor Plummer: Right. Mr. Odio: ... you would allow the deferment of down to one -twenty. Vice Mayor Plummer: That's fine. OK. Mr. Odio: And it's a fixed thing. And then we know they owe us at ten years six hundred thousand dollars ($600,000). Vice Mayor Plummer: OK. The next thing. Commissioner De Yurre: What about the excess over the minimum? Mr. Odio: Now, the excess, we expect to get. Vice Mayor Plummer: They have to pay us. Commissioner De Yurre: OK. So then we're just talking about the same thing, sixty thousand dollars ($60,000). Now, that is if they kick in an additional million dollars, at least. 92 May 25, 1995 Mr. Odio: Oh, they have to invest in the property over one and a half million dollars. Commissioner De Yurre: OK. What determines the investment? Mr. Odio: That's to... I think they have to be in physical improvements to the property. Mr. Luft: Right. Mayor Clark: It says very clearly, the estimated cost is a million -five. Vice Mayor Plummer: That's minimum, Mr. Mayor. Mr. Luft: Right, that's the minimum. Mayor Clark: That's their estimated cost. Vice Mayor Plummer: No. That's nowhere near what it's going to be when you put in a restaurant. You put in a restaurant, you're talking about a couple of million dollars alone just for the restaurant. Mr. Luft: Yeah, yeah. But that's not required. Commissioner De Yurre: Mr. Mayor, because my... My question is, Cesar... Cesar, my question is, are you talking about actual money invested... Mr. Luft: Correct. Commissioner De Yurre: ... or that they put the equivalent of two and a half million dollars, and they finance 90 percent of it? Mr. Odio: No, no, no. We have to get physical improvements in the property. Mr. Luft: Construction bill. Commissioner De Yurre: No, no, but I'm saying that are free and clear. I don't want to put in two and a half million dollars and then... How much are they actually putting in? Mr. Odio: Yeah, but... Commissioner De Yurre: Two hundred and fifty thousand ($250,000)? Commissioner Dawkins: You know what, Mr. Mayor? This is confusing to me. Mr. Luft: No. Construction dollars, sir. Mayor Clark: Wait a minute. Just one at a time, please. Commissioner Dawkins: OK, all right. All right. Go ahead, Mr. Gort. Then I'll go. Vice Mayor Plummer: Well... Commissioner De Yurre: I just want... 93 May 25, 1995 Commissioner Dawkins: I'm sorry, when Commissioner De Yurre... Go ahead, you were first. Commissioner De Yurre: Because I want to know how... What is the minimum investment, cash, that they have to put into it? Vice Mayor Plummer: And how long do they have to spend it? Mr. Luft: Right. Commissioner De Yurre: Well, before they open up. Vice Mayor Plummer: Well, no, that's not... I don't think that's necessarily fair, because remember what they're looking at here, Victor - and I don't mean to interrupt - but they're looking at two things. Most of the people will be looking at, one, a boatyard, and second, a possible restaurant. So they could do the boatyard, and within a year, start to work on the restaurant. That's why I'm asking, when you talk these numbers and you go forward, are they spending a total of three million dollars ($3,000,000) on both items, and how long do they have to start it? You know, what you can see is what we've seen happen before. Yeah, they spend the additional two million dollars ($2,000,000), but they don't start it for ten years down the road, and then we don't get the annual percentage. That's the point I'm trying to make. Commissioner De Yurre: Well, certainly, if they money... If they haven't put up the money, then this doesn't trigger at all. But my question goes back to... Vice Mayor Plummer: No, they guarantee you they will, but they don't tell you when. Mr. Luft: Commissioner, the RFP says that any and all proposed improvements must be completed within 18 months. Vice Mayor Plummer: From the time of what? Mr. Luft: From the time of execution of the lease, from transfer of the leasehold interest. Vice Mayor Plummer: Now, also, does the RFP clearly state that there is a minimum percentage, or "no less than" percentage? Mr. Luft: Ten percent on the boatyard, seven percent on all other gross retail sales. Vice Mayor Plummer: OK. No, no, no, you're not listening to me. Does it say that we will accept no less than that? Mr. Luft: That's right. That's the minimum. Vice Mayor Plummer: Doesn't mean they can't offer more. Mr. Luft: Minimum guaranteed, and it says we prefer more, we are encouraging more, but... Vice Mayor Plummer: Well, the usual... Mr. Luft: ... minimum base. Vice Mayor Plummer: The usual terminology, so there's no confusion, "no less than," OK? Mr. Luft: That's what it says, minimum base guaranteed. 94 May 25, 1995 Vice Mayor Plummer: Now, on both... Well, a percentage and... Mr. Luft: And there's a... Vice Mayor Plummer: ... and base guarantee. Mr. Luft: There is a fixed number, and there is a percentage of gross, and those are minimums. Vice Mayor Plummer: All right. What have you put in there in reference to ad valorem taxes? Mr. Luft: As you requested on the last RFP, sir... Vice Mayor Plummer: OK, go ahead. Mr. Luft: We put in here that the estimated property taxes, based on 31 mills for this property, with a one and a half million dollar investment, is sixty-five thousand dollars ($65,000). Vice Mayor Plummer: Now, Jack, that's not what I told you. What I told you before was, is what you should put in there is what the taxes are as of today. What investment they put in there, they'll have to deal with later, but today, the taxes are "X". Mr. Luft: It's tax-exempt. They don't assess boat racks. Vice Mayor Plummer: Jack, excuse me. State law says that any governmental properties that are leased to a profit -making corporation pay tax. Mr. Luft: That's correct, sir, but we're requiring a minimum investment. Vice Mayor Plummer: What? Mr. Luft: We're requiring a minimum investment in this property. Vice Mayor Plummer: OK. But it could be... Mr. Luft: So the real issue is, what are the taxes on that minimum we're requiring? Vice Mayor Plummer: OK. Fine. And how much is that? Mr. Luft: Sixty-five thousand dollars ($65,000). Vice Mayor Plummer: And how did you come about that? Mayor Clark: Because 31 times... Mr. Luft: You do an... You take 31 mills times 100 percent of the value. Eighty percent is what the tax appraiser usually works with, and you multiply that times 31 mills. Vice Mayor Plummer: OK. What about the property, Jack? Mr. Luft: Pardon? Vice Mayor Plummer: What's the property worth? 95 May 25, 1995 i i Mr. Luft: That's land and improvements, sir. Vice Mayor Plummer: You're saying that a million and a half minimum of build, and that the property is only worth five hundred thousand dollars ($500,000). Six acres of waterfront property... j Mr. Luft: Total value, sir, land and improvements, is two million, one hundred and twelve thousand dollars ($2,112,000). Vice Mayor Plummer: Tell me what is your appraisal for the value of the land. Mr. Luft: One million one hundred and forty thousand dollars ($1,140,000). Vice Mayor Plummer: Land alone. Mr. Luft: Land alone. Vice Mayor Plummer: OK. Mr. Luft: Land alone. Vice Mayor Plummer: That's a million -one. Now, we're talking about a million -one in improvements. Mr. Luft: A million -five. Vice Mayor Plummer: A million -five. So now we're up to a minimum of two and a half million. Mr. Luft: Correct. Vice Mayor Plummer: OK. Mr. Luft: And normal of tax appraisals are eighty percent of that value. Vice Mayor Plummer: Sixty-eight. Mr. Luft: Two million one hundred and twelve thousand dollars ($2,112,000) at 31 mills is sixty-five thousand dollars ($65,000) a year. Vice Mayor Plummer: OK. It's on the record. Mr. Luft: It's inhere. Vice Mayor Plummer: Whatever it is, they got to pay it. Mr. Luft: Page 6, Page 6, that's correct. Mayor Clark: All right. Moving on... Vice Mayor Plummer: What's the next item? Commissioner Dawkins: Willy's trying to say something. 96 May 25, 1995 ty. y A Mayor Clark: Willy, what are you saying? Commissioner Gort: Well, you know, at first, I understood this, when the amendment... With the questions, interruption, I really got confused. You know, I'm not too sharp, so I have to ask you to be very patient on these things here. My question... Let me see if i understand this correctly, because now that J.L.'s taken over, I've gotten more confused. My understanding is anything in excess of one point five (1.5) is what we'd be returning. Mr. Odio: Yes, sir. Commissioner Gort: We'd give credit. Anything above one point five (1.5). i Vice Mayor Plummer: Deferred. Over... They have to send - invest money above the one point five million ($1.5 million). Commissioner Gort: OK. Can we make a minimum of - a maximum of 30 percent? Mr. Odio: Deferred? Commissioner Gort: Deferred. Mr. Odio: You can. Mr. Luft: Yes, you can. That's correct. Commissioner Gort: Which I think is about the percentage that we should, 30 percent. Vice Mayor Plummer: Thirty? Mr. Odio: I'd prefer... My advice is to use a round dollar number. Commissioner Gort: When you're talking about 60, 180, it's 30 percent. Mayor Clark: Well, wait a minute. He's made... He wants 30 percent. We can stand that. Mr. Odio: OK, 30 percent, fine. So that's... Commissioner Gort: And what I would like, Mr. Mayor... Commissioner De Yurre: Thirty percent of what? Commissioner Gort: ... for the sake of us and all the people listening to us, that we allow people, if we ask a question, to' be answered, and not to interrupt, because we tend to get confused when we interrupt each other. Commissioner De Yurre: Well, Commissioner Gort, 30 percent of what? So I can understand. Mr. Luft: Of the minimum base payment. Commissioner Gort: Of the minimum wages, what we've been talking about. My under... Vice Mayor Plummer: Minimum annual return. Mr. Luft: A hundred and eighty thousand ($180,000). 97 May 25, 1995 Commissioner De Yurre: Of the one and a half... Commissioner Gort: The minimum rent, the minimum rent. We have a minimum rent of a hundred and eighty thousand dollars ($180,000). The only amount that we can defer is a maximum of 30 percent. Commissioner De Yurre: Of the hundred and eighty. Mr. Luft: Correct. Commissioner Gort: Of the hundred and eighty. Commissioner Dawkins: Of any, whatever the total is. Vice Mayor Plummer: Or more. Mayor Clark: Cannot exceed 30 percent. Commissioner Dawkins: Whatever the... Commissioner De Yurre: OK. Commissioner Gort: Cannot exceed. Mr. Luft: All right. Mr. Odio: It's fifty-four thousand dollars ($54,000). Commissioner Gort: OK? Mayor Clark: All right? Go ahead. Vice Mayor Plummer: All right. Next item. Commissioner Dawkins: OK. Now, I have one question. Mayor Clark: All right. Commissioner Dawkins: If you... Mr. Luft: With... Mayor Clark: Please. Commissioner Dawkins: If you're deferring - not "you" - we are deferring 30 percent of whatever the maximum is, what does that bring us to? Mayor Clark: Three -eighteen. Mr. Luft: A hundred and twenty thousand dollars ($120,000) or a hundred and twenty-five thousand ($125,000). Commissioner Dawkins: A hundred and twenty thousand dollars ($120,000). All right. Rent is a hundred and twenty thousand dollars ($120,000) a year. 98 May 25, 1995 Mayor Clark: If they exceed the million dollars. Mr. Luft: If they put in more investments and pay more taxes - we'll be getting more taxes - then a portion of that payment is for... Commissioner Dawkins: OK. All right. I'll go... All right. I'll do it this way. We've just decided that they can defer 1X of 4X; is that a fair statement? Mr. Luft: Correct. Commissioner Dawkins: Now, so that's 3Xs they owe; is that a correct statement? Mayor Clark: Goodenough. Commissioner Dawkins: All right. Now... And that's deferred for ten years. Mayor Clark: If they... Mr. Luft: Up to that, or they may make incremental payments over those ten years. Commissioner Dawkins: OK. Now... Mr. Luft: ... and pay it back. Commissioner Dawkins: Now, in the event that this group goes out of business the eighth year and they owe me eight times four, which is 32Xs, how do I get my 32Xs? Mr. Odio: We keep the investments in the property. Commissioner Dawkins: Beg your pardon? Mr. Odio: We keep the properties, the equipment... Commissioner Dawkins: I mean, I don't have a problem with that. The City of Miami sells all the property it gets its hand on. It don't keep nothing. Mr. Odio: No, no. I mean... I mean... Commissioner Dawkins: It doesn't keep any property. Mr. Odio: I mean the equipment alone. Commissioner Dawkins: What equipment? Mr. Odio: Forklifts, restaurant equipment, et cetera that we will have there. Commissioner Dawkins: Well, I don't know that... All right. Perhaps the forklifts and all of that may be worth 1X. You still owe me 2X. Mr. Odio: Yes. We also have a bond. We also have a performance bond. Commissioner Dawkins: OK. Go ahead, man, go ahead. Mm-hmm. 99 May 25, 1995 k,- Commissioner De Yurre: You know, also, that's where, Mr. Mayor, the point comes in, is if they finance 90 percent of this, there's nothing for us to take back, is there? Hello? Mr.Odio: Yes. Commissioner De Yurre: So what security do we have? Mr. Odio: A performance bond. Vice Mayor Plummer: Well, how much... That's the question I want to know. How much is the performance bond? Mr. Luft: The performance payment bond is in the full cost of the project as proposed. Vice Mayor Plummer: What happens to the money they owe us for the ten years? What happens with... Mr. Luft: They have to provide us 50 percent of the first year in a bond, first year's payment to assure that the project will get built. Vice Mayor Plummer: And you're giving them 18 months? Mr. Luft: Eighteen months, yes. Vice Mayor Plummer: So is my math bad? Mr. Luft: No. Vice Mayor Plummer: I mean, 18 is... Eighteen... And a year is 12 months. What happens to the other six months? Is that a freebie? Mr. Luft: No. Vice Mayor Plummer: No, I'm asking. Mr. Luft: For the first... For the first year's payment, when they sign the contract, they give us a bond... Vice Mayor Plummer: 1 understand. That's 12 months. Mr. Luft: ... for 50 percent of those first... for the first 12 months. Vice Mayor Plummer: Why a bond? No, no, no. Not a bond. Remember, I have said to this Commission, an we agreed upon that the first... We're going to get in all future contracts the first year in advance. Mr. Luft: Yes. You get... Vice Mayor Plummer: OK? Vice Mayor Plummer: So that... You don't need a bond for the first year. Mr. Luft: You get... May 25, 19.95 Vice Mayor Plummer: We're going to get at least a hundred and twenty (120) or a hundred and eighty (180) in advance. OK? Jack, did we not learn anything from Firehouse? Mr. Luft: Yes, sir. Vice Mayor Plummer: I mean... Mayor Clark: All right. What about the other items, now? Mr. Luft: We had... Commissioner Dawkins: And you're going to do this with each one of these RFP's? You're going back to adjust each one of them? Vice Mayor Plummer: That, too. Mr. Luft: No, sir. Vice Mayor Plummer: They've already been all thrown out from the beginning. Every... This is the second time... go around for this. Mr. Luft: No. This is a year later. The other one was... We are working with 296 vessels, which is what DERM (Department of Environmental Resource Management) and the State of Florida recognizes as an existing limit on that boatyard. However, rather than limiting it to 296 vessels as we had in the original draft, we would like to put language for the maximum permitted by law, so that if the proposer is successful in achieving additional permits for vessels, which may be forthcoming, they can go beyond the 296 numbers, which his giving them that flexibility. OK? Vice Mayor Plummer: Fine. I have no problem with that. Mayor Clark: All right. Vice Mayor Plummer: I hope they get 596. Mr. Luft: And for the convenience food market, we would like to increase the potential maximum size from 1,000 to 3,000 square feet. OK? And no... On the restriction of overnight docking of vessels, we would say otherwise... unless otherwise permitted by law. Vice Mayor Plummer: Well, now, I've got to ask this question. Mr. Luft: We're trying to conform with today's guidelines with DERM and the way they regulate these slips. What we would like to build in language is what you're suggesting now, that gives us the flexibility so if that law changes in the future, we can change as well. Vice Mayor Plummer: Jack, to what extent... Mr. Luft: That's what this does. Vice Mayor Plummer: You know, we've never really and technically had wet slips over there. What area... Mr. Luft: As far as DERM is concerned, they don't care whether it's wet or dry. 101 May 25, 1995 I Vice Mayor Plummer: No, I do, because that would mean the area that's going to be used. Mr. Luft: No. Vice Mayor Plummer: Are you talking about any wet slips would exist inside of that little island? Mr. Luft: Right now, we're only looking at docking for the - in and out on the boatyard for hauling vessels. Vice Mayor Plummer: At the bulkhead only. Mr. Luft: At the bulkhead only. Vice Mayor Plummer: OK. Now, I have another question. What have you written in there in reference to, if anything, that if gambling were to be approved? Mr. Luft: We don't address gambling. Vice Mayor Plummer: Well, you've got to address gambling. Mr. Luft: In the... Vice Mayor Plummer: I'm asking what... Mr. Luft: In the RFP, we don't. In the lease agreement, we always put in a clause in... Vice Mayor Plummer: Well, but, you see, unless you tell people from the RF... Mr. Luft: But... Mayor Clark: Well, what do you mean by "address gambling"? How do you... What... Vice Mayor Plummer: Mr. Mayor, if gambling were to be approved, this City Commission for this City, in my estimation, would be, if they're to be allowed on that property to exist with gambling, that we would get additional revenues. OK? I think it's only right. Mr. Luft: Yes. Vice Mayor Plummer: It's like we're talking about those gaming boats. Mr. Luft: We can put it in the RFP. We put those in leases, and that's always subject to zoning wherever we allow gambling to occur in zoning. Vice Mayor Plummer: OK. Well, but Jack, what I'm saying, I think it's proper that you put in the RFP that if gambling is approved by state law, that it would force a renegotiation, if they wish to take advantage of that. Mr. Luft: All right. Mayor Clark: Include that in the RFP, Jack. Vice Mayor Plummer: Yeah; that's fine. -102- May 25, 1g95 Mr. Luft: All right. Vice Mayor Plummer: OK? Now, what else did I have? We got the money up front for the first year. All right. What else do we need to know? I don't see anything - have you spoken to it? - the restaurant. Mr. Luft: What about it? Vice Mayor Plummer. Well, I mean, have you got a square footage on that? Mr. Luft: That's the maximum enclosed, interior square footage of 10,000 square feet. Vice Mayor Plummer: Ten thousand. Mr. Luft: Correct. Vice Mayor Plummer: OK. And parking is included in that area. Mr. Luft: Parking is included in the overall site. Vice Mayor Plummer: All right. And there was one other question I had in reference to that. What happens in the area of default? What guarantee that if, like Victor said, that they're mortgaging 90 - not mortgaging, but financing 90 percent of this, and they fail, where does the City stand? Mr. Luft: The full cost that we're talking about executing the contract, they deliver a performance... Vice Mayor Plummer: They spend five million dollars ($5,000,000) in improvements... OK. Mr. Luft: First, they give us a performance and payment bond that guarantees that if they default in the first year before the project is completed, it will be completed and constructed to that full amount. Vice Mayor Plummer: That's not my question. Mr. Luft: OK. I'm sorry, Commissioner. Vice Mayor Plummer: My question is, they spend three million dollars ($3,000,000). Mr. Luft: Correct. Vice Mayor Plummer: The third year, Cod forbid, they go into default. Mr. Luft: All right. Vice Mayor Plummer: The project is 90 percent financed. According to Firehouse, we got to buy out that financing, or the finance company owns it. How is the City protected, if, for whatever reason, they go under? Mr. Luft: The Firehouse was different because there was a clause... Vice Mayor Plummer: OK. Forget about the Firehouse. That's another bad issue. 103 May 25, 1995 k, A Mr. Luft: ... in there about subordination of the land. OK? It was different. Vice Mayor Plummer: All right. What I'm asking again, hypothetically, they put three million ($3,000,000) in improvements. They finance 90 percent of it. In the third year of ten, they go into default. What happens with the City? What's guaranteed the City, that - not only the deferred payments that we gave to them - what guarantees the City that that matter will be resolved? Huh? Mr. Odio: What do you recommend that we... Vice Mayor Plummer: Sir, I pay you to recommend. Mr. Luft: Where is the section? Wait a moment. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) Vice Mayor Plummer: Whatever it is. Commissioner Gort: You could put a bond to guarantee the payment. That's... Ms. Kearson: A performance bond. Vice Mayor Plummer: What's in the RFP? Nothing is in the RFP. Mr. Jones: That would be part of the contract. Ms. Kearson: Right. It would be part of the contract. But you can require person... Vice Mayor Plummer: But you got to say that. Ms. Kearson: ... personal guarantees. The only way, Commissioner, you would be protected, in the event of a default, is if you had personal guarantees. Otherwise, we'd have to take our chances in court. Vice Mayor Plummer: Ms. Kearson. Ms. Kearson: Yes, sir. Mayor Clark: Well, let me say this. Please, now. Vice Mayor Plummer: Sure, go ahead. Mayor Clark: First of all, the RFP is not what you live by. The contract is what you live by. Vice Mayor Plummer: Sir, I fully understand that. Mayor Clark: And that... You put this in a contract, then they've got to live by that, or you can sue them. Vice Mayor Plummer: OK. Mr. Mayor, my point simply is that when you, as a proposer, try to put some numbers and aspects together, you've got to know all the rules of the game. If they've got to go out and they've got to give a performance bond to back 90 percent of three million dollars ($3,000,000), they can get a number on that. They can get a figure. 104 May 25, 1995 Mr. Odio: Can I reason for one second? Vice Mayor Plummer: Sure. Mr. Odio: If you are a proposer, and you come in and invest two and a half million dollars, it's that you expect to have a return for that money. Nobody comes in thinking, "I'm going to walk away from this." Vice Mayor Plummer: Nobody does. Of course not. Mr. Odio: OK. Vice Mayor Plummer: But that happens. Mr. Odio: Now, the only thing we can protect us is from getting our rent money. If they walk away from it, what do you lose? We didn't invest one dollar ($1). Vice Mayor Plummer: We could lose our property by foreclosure if the people... Mr. Odio: No, you don't lose the property. Mr. Luft: You cannot subordinate the property. Mr. Odio: We are not subordinating the property. Mr. Luft: You cannot. Vice Mayor Plummer: So what are we... Mr. Odio: We are not at all. So all you lose is rent monies, and then... Vice Mayor Plummer: Well, what do we do? We tell the bank, then, that "Your 90 percent of three million dollars ($3,000,000), if that's the number, is bye-bye." Mr. Odio: No. What we do is exactly what we did just now. And now, we learned something from this takeover. We are running a boatyard, and we didn't pay one cent for the... no investment there, and we're having revenues from the property. Now, the racks are fixtures to the property. They cannot rip them off. So if they walk away from their investment, we have a full service boatyard in place that we can just put people in there and keep running it. Vice Mayor Plummer: Then I will expect in the RFP that that will be made very, very clear. Mr. Odio: Fine. Fixtures cannot be removed. Vice Mayor Plummer: And in the case... In the case of default... Mr. Odio: Fixtures cannot be removed. Vice Mayor Plummer: ... that nothing of the City's can be confiscated, no subleasing in any way, shape or form. OK? Mr. Odio: That... Yes. Vice Mayor Plummer: OK. Now, the other portion. All right. What can you do about transferring? 105 May 25, 1995 �.f r:;,, .r. Mr. Odio: Transfer of ownership? It has to be approved by the Commission. Vice Mayor Plummer: Any and all? Mr. Luft: Yes. Mr. Odio: Any and all. Vice Mayor Plummer: I think that's unfair. I think anything over five percent, I think, is fair. Mr. Odio: Well, then, fine. Vice Mayor Plummer: OK. Anything over five percent should be approved by this Commission. That's my personal opinion. Mr. Odio: We can put that into the contract... Vice Mayor Plummer: OK. Mr. Odio: ... when we come back to you with a contract for you to approve. Vice Mayor Plummer: Any sub... Commissioner Dawkins: How are you going to put it in the contract and negotiate it, when the guy says, "Well, that's not what I bid on"? i Vice Mayor Plummer: See, that's my point, but they're talking otherwise, and, you know, I think that what they're doing is just going to throw it out again. What are you doing about subleasing? Mr. Luft: It says that subleasing must be... Any and all subleases are subject to approval by the City. Vice Mayor Plummer: Well, do we get any revenue out of the sublease? Mr. Luft: Yes. Subleases are all part of the gross revenue. Vice Mayor Plummer: Well, let me use... Mr. Luft: Gross revenues from the property. Vice Mayor Plummer: Let me use the boatyard right here. What is this? Mr. Luft: Go ahead. Vice Mayor Plummer: Dinner Key? Mr. Luft: Grove Key. Vice Mayor Plummer: OK. Mr. Odio: Spencer Meredith Boatyard. Fine guy, OK? Good to the City. But let me tell you, let's remember what happened, OK? We got shafted. 106 May 25, 1995 k> Mr. Odio: But that will never happen again. Vice Mayor Plummer: But not by him. All good intentions. Chart House went in, they subleased from him, they pay him a percentage, and we get only a percentage of a percentage. I'm asking, what is happening here, so that it doesn't happen again? Mr. Luft: We're getting a percentage, our percentage, seven percent of all gross revenues from all operations on the site. Vice Mayor Plummer: But, you see, if they pay their revenues to whoever the awardee is, then we get seven percent of that, and they've already taken theirs out. Mr. Luft: No. We get seven percent of what the restaurant makes, what the jet ski makes, seven percent of what any operation on that site makes. Mayor Clark: Gross? Mr. Luft: Gross. Gross numbers. Commissioner Gort: OK. Vice Mayor Plummer: All right. hey, if that's the case, look, I just hope that this particular time, things fly. Mr. Luft: Yes. Vice Mayor Plummer: All right? And I just hope that it's understood that, in fact, that we have more than three proposers, because I think in the last go around, what happened was... Unidentified Speaker: One. Vice Mayor Plummer: No. Not only did we have one, but the reason... a lot of the reason was that people were confused. Mr. Luft: Yeah. Vice Mayor Plummer: OK? Now, you know, the sooner, the better, as far as I'm concerned. Mayor Clark: Mr. Dawkins. Commissioner Dawkins: Madam City Attorney, I hear something that I don't believe, so you have to help me out. Ms. Kearson: OK. Commissioner Dawkins: Mr. Luft and the Manager says that if the bank finances 90 percent of the improvements, that - and if the developer walks away - that the City gets the property. If the bank finances 90 percent of the construction, and the bank accepts the lease as collateral... Vice Mayor Plummer: Can't do that. Commissioner Dawkins: ... and the... 107 May 25, 1995 Vice Mayor Plummer: No, you can't. Commissioner Dawkins: ... and the developers walk away, who has the lease? Ms. Kearson: Well, the bank's interest, if the bank finances 90 percent, the bank's interest would supersede any interest the City of Miami would have. Mr. Luft: In the improvements, not in the land. Ms. Kearson: On the improvements, we're talking about - now, see, that's what we're talking about, the improvements. Commissioner Dawkins: All right but... Ms. Kearson: But... Mr. Luft: All right, this Commissioner... Commissioner Dawkins: No, wait a minute. Let the City Attorney answer me, and then you guys can philosophize or expand on it. Ms. Kearson: Right. We're talking about the improvements. If the bank, in fact, finances 90 percent... Commissioner Dawkins: Yes, ma'am. Ms. Kearson: ... of the improvements... Commissioner Dawkins: Yes, ma'am. Ms. Kearson: ... those improvements will be owned by the bank. They would have first priority. Commissioner Dawkins: And if the bank has accepted the lease as collateral... Ms. Kearson: Well... Commissioner Dawkins: The bank has to get something. Ms. Kearson: No. Vice Mayor Plummer: No, there's no subordination. Commissioner Dawkins: Well, wait a minute. Let me... See, maybe you understand it. You've been here 30 years, J.L. Maybe you... I don't understand it. See? Let the City Attorney try to help me understand it. OK now? Madam City Attorney, now, are you going to explain it to me or to the Manager, Madam City Attorney? Who are you talking to, me or the Manager? See, because, I mean, well, I'll ask him the legal part of it instead of you. Mr. Odio: May I, Commissioner, please? Commissioner Dawkins: No, no, no. Not till I finish here, please. Ms. Kearson: Right. 108 May 25, 1995 k, N Commissioner Dawkins: Now, go ahead, Madam City Attorney. Ms. Kearson: I'm done. I mean, you asked me what would happen to the... You're talking about the fixtures, the improvements. If they finance those fixtures and they pay for them, for those improvements, they would have priority. Commissioner Dawkins: So therefore, all we get back is the land. Ms. Kearson: Right. Commissioner Dawkins: Huh? Why? Vice Mayor Plummer: What about the... Commissioner Dawkins: Why would we get the land back? Ms. Kearson: Well, because we own the land. Mr. Luft: Because it cannot be subordinated. Commissioner Dawkins: Say what, Madam City Attorney? Ms. Kearson: Because we own the land. Commissioner Dawkins: That's right. And the fixtures... Ms. Kearson: No, but they... Commissioner Dawkins: No, you explain it to me. Ms. Kearson: Well, they're talking around me here. Commissioner Dawkins: Well, let them talk around you. You're the City Attorney. The Manager and the... Well, all right. Let the City Attorney sit there, then, because if he... Hold it. Madam City... Mr. Jones. Mr. Jones: Yes, sir. Commissioner Dawkins: Let Mr. Jones come answer this, because he seems to be able to know more than you. Sit down, Mr. Jones. Vice Mayor Plummer: Oh, you're going to pay for that one. Commissioner Dawkins: OK. Now, what were you trying to tell the City Attorney, sir? Mr. Jones: What was I trying to tell her? Commissioner Dawkins: Yes, sir. Mr. Jones: No. The only thing I... In response to the question you were asking, and more possibility than not, the developer is going to get a loan contingent upon the improvements is what you said, the fixtures. They would want a security interest in there, so which means that the City's interest would be subordinate to the bank's interest. 109 May 25, 1995 k,- Vice Mayor Plummer: You just said no subordination. Commissioner Dawkins: Subordinate? Mr. Luft: On the land. Mr. Jones: On the land, yeah. Mr. Luft: We lose the land is what you said, and I said we cannot lose the land. Mr. Odio: What I was trying to say, Commissioner Dawkins... Commissioner Dawkins: OK. Go ahead, sir. Mr. Odio: Maybe in simple terms, if they default and they owe them two million dollars ($2,000,000)... Commissioner Dawkins: Listen to what he's saying, because I want you to... You will have to OK this, Mr. City Attorney. Go ahead. Mr. Odio: From a business side. Commissioner Dawkins: We're going to listen. Mr. Odio: If they come in and put a two million dollar ($2,000,000) building there... Commissioner Dawkins: Right. Mr. Odio: ... with racks inside... Commissioner Dawkins: Right. Mr. Odio: ... and they default... Commissioner Dawkins: Yes. Mr. Odio: ... the developer defaults... Commissioner Dawkins: Right. Mr. Odio: ... that bank... The bank does have a note on that building. OK? And on the lease, leasehold. The only thing that I think they can do is say, "We'll take over the lease and keep operating the boatyard, and keep making the payments." Commissioner Dawkins: Right. Mr. Odio: If they deny the use of the lease, if they said, "No, we don't want the lease," they cannot take the building with them. The building stays in the property. Commissioner Dawkins: Yeah, but you still... The bank comes in after making the loan... Mr. Odin: Right, sir. Commissioner Dawkins: ... and takes... accepts the lease on the terms that you just said. Whatever terms you gave the... 110 May 25, 1995 .N Mr. Odio: Yes. Commissioner Dawkins: Now, but the bank does not owe you the nine years - eight years rent, see. Mr. Odio: That's correct, sir. Commissioner Dawkins: 5o you're going to lose that. Vice Mayor Plummer: Oh, no. They assume... Commissioner Dawkins: Oh, yes. Mr. Odio: No, sir. No. If they assume... Vice Mayor Plummer: No, no. When they assume the lease, they assume the obligation. Mr. Odio: Excuse me. No, Commissioner Dawkins, it's a good question. If they assume the lease... Vice Mayor Plummer: They assume the obligation. Mr. Odio: ... they assume all responsibilities for that lease, so they still owe us the deferred i payment. Commissioner Dawkins: If that was structured in the agreement for the loan. Mr. Odio: Well make sure it's... Commissioner Dawkins. No, no, I'm talking about with the bank. You can't tell the bank how to loan its money. Commissioner De Yurre: Mr. Mayor. Miller... Commissioner Dawkins: Go ahead, go ahead. Commissioner De Yurre: How much minimum guarantee have we been receiving from the 1 Firehouse 4? Vice Mayor Plummer: Four thousand dollars. Mr. Odio: What does... Jack Luft: Zero. Commissioner De Yurre: How much have we been getting from the bank? Mr. Odio: Nothing. Commissioner De Yurre: Why? i Mr. Odio: Because... Well, that was a complicated deal there. 111 May 25, 1995 Commissioner De Yurre: But it's a lease. They took over the lease, which is what you're saying right now. Mr. Jones: No, no, no. They threatened a lawsuit and all the rest of that stuff. Mr. Jones: No, no. Commissioner, Commissioner, that was a different situation. Vice Mayor Plummer: OK. Commissioner De Yurre: Well, the thing is that if they have a leasehold interest, and somebody defaults, they can't take our land, but de facto they've got everything, because they run the show with what's setting on that land. Mr. Luft: That's correct. Vice Mayor Plummer: But they are... Mr. Jones: They would have the leasehold interest. That's what they would take over. Vice Mayor Plummer: Yeah, but they would assume the same obligations as the City. Mr. Jones: They would step into the shoes as the original developer. Vice Mayor Plummer: All right. Let me tell you where I was confused by what Jack said. Jack said there was no subordination. Mr. Luft: On the land. Commissioner Dawkins: What are you worried about... Mayor Clark: Hey, hey, hey! Be quiet! Vice Mayor Plummer: The subordination was, in fact, not on the land, but it could be on the lease. Mayor Clark: I know it. Vice Mayor Plummer: OK? Other than... Mr. Luft: Yeah. We would have to allow that. Vice Mayor Plummer: All right. Well, if you'd have said that from the beginning, that's a different scenario. Mr. Luft: But you brought up the Firehouse, which is what the problem was on that. Mayor Clark: All right. Let's move forward. Either move forward here... You offered a motion, J.L., with those stipulations? Vice Mayor Plummer: Mr. Mayor, with the clarifications that have been drawn at this table, I move the issue. When will this thing be put out, when will it come back, the dates, and when would we approve it? Commissioner Gort: August 30th, it's got to be back. 112 May 25, 1995 k..- Vice Mayor Plummer: August the 30th? Mr. Luft: It would be May 31st. Vice Mayor Plummer: I don't know, I'm asking. Mayor Clark: All right, let's... Mr. Luft: This goes out May 30th. They're due on August 30th. Vice Mayor Plummer: They're due back in. Mr. Luft: August 30th. Vice Mayor Plummer: OK. Then when are we to look... What you're actually saying is if there's less than three bids, there's no way you're going to make the referendum. Mr. Luft: Yes, we can. It's going to be very tight, sir, but what we will do is, we would come back to you at the second meeting in September. Vice Mayor Plummer: OK. Hey, if you say it's possible... Mr. Luft: Which is presumably September 22nd. We have... Vice Mayor Plummer: If you say it's possible, you're on the record. Mr. Luft: Our deadline is October 7th. Vice Mayor Plummer: OK. Hey. Mr. Luft: I've gone through this with the elections clerk. Vice Mayor Plummer: Have you appointed a committee yet for evaluation? Mr. Luft: I've gone through this with the elections clerk. It will be very tight. Vice Mayor Plummer: Have you appointed a... Mayor Clark: Is there a second to Mr. Plummer's motion? Commissioner Gort: Second. Vice Mayor Plummer: What I'm asking, Mr. Mayor, have you appointed an auditing firm yet? Mr. Luft: No, sir. Vice Mayor Plummer: Have you appointed a... Mr. Luft: Selection committee, no, sir. Vice Mayor Plummer: ... selection committee? Mr. Luft. We're coming back to you in July for that. 113 May 25, 1995 i k-- Vice Mayor Plummer: OK. Mayor Clark: Call the roll, Mr. Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-414 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP") ON MAY 30, 1995, IN SUBSTANTIALLY THE FORM ATTACHED, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF A BOATYARD FACILITY, AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL AND RECREATIONAL USES ON APPROXIMATELY 6.632 ACRES OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA, AS REQUIRED BY CITY CHARTER SECTION 29 A(c) AND CODE SECTION 18.52.9. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 5. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) (MAY 30, 1995) -- FOR UNIFIED DEVELOPMENT PROJECT (UDP) CONSISTING OF DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION AND RELATED USES ON CITY -OWNED WATERFRONT PROPERTY AT WATSON ISLAND. Mayor Clark: Item number 3. Vice Mayor Plummer: Without going through all of the other rig-amarole, do we have any changes in this one? Mr. Luft: Only we need to change the issuance date by one day, so it's not a holiday. We're going to put it on May 30th, rather than the 29th. Mr. Odio: OK. -- 114_ .May 25, 1g95 k_ 1_:_ _. Mr. Luft: And we would like to have the presubmission conference on June 28th, rather than the 13th. Vice Mayor Plummer: All right. And all of the built-in protections that we asked for that are normally there. Mr. Luft: Yes. Commissioner Gort: Should be there. Vice Mayor Plummer: ... should be there. I move item 3. Commissioner Gort: Second. Mayor Clark: Call the roll, Mr. Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-415 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP") ON MAY 30, 1995, IN SUBSTANTIALLY THE FORM ATTACHED, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION AND RELATED USES ON APPROXIMATELY 19 ACRES OF CITY - OWNED WATERFRONT PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, AS REQUIRED BY CITY CHARTER SECTION 29A(c) AND CODE SECTION 18.52.9. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Now, this one here, it should be noted in the RFP (Request for Proposals), Jack, to the proposers... Mr. Luft: Must go to referendum. Vice Mayor Plummer: ... that this one takes one more. before the State Cabinet. 115 No, no, no. ... that this one has to go May 25, 1995 Mr. Luft: It's in there. Vice Mayor Plummer: OK. just want to make sure. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Clark: Item number 4. Vice Mayor Plummer: Withdrawn. --------- ------------------------------------------------------------------------------------------------- 6. (1) APPOINT ROBERT MENDITO, AND (2) CONFIRM SELECTION OF JAMES REID BY LIUNA BARGAINING UNIT -- AS MEMBERS OF BOARD OF TRUSTEES OF GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. Mayor Clark: Number 5. Who is this gentleman? Commissioner Gort: Fill the vacancy of the existing... Mr. Cesar Odio (,City Manager): She has submitted the six names, Commissioners, Mr. Mayor. You have to select one of ahem. Mayor Clark: Who is that fellow? Vice Mayor Plummer: Well now, wait a minute, now. Who is James Reid? That's the one they're suggesting, correct? Mr. Odio: No. They are suggesting... The second appointment, they are recommending James Reid. The other one, you submit six names, and you choose one. Vice Mayor Plummer: And you're saying that by contract, they have that right to designate two. Mr. Odio: Yes, sir. Vice Mayor Plummer: That's correct? A. Quinn Jones, III, Esq. (City Attorney): Correct. Mr. Odio: Yes, sir. Vice Mayor Plummer: And the other one is Mendito. I so move. If they have that right, so be it. Mayor Clark: Second? Commissioner Gort: I'll second. Mayor Clark. Call the roll. 116 May 25, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-416 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEE'S AND SANITATION EMPLOYEE'S RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN; FURTHER, CONFIRMING THE SELECTION OF AN INDIVIDUAL BY THE LIUNA BARGAINING UNIT, AS A MEMBER OF THE CITY OF MIAMI GENERAL EMPLOYEE'S AND SANITATION EMPLOYEE'S RETIREMENT TRUST, FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 7. ACCEPT DADE COUNTY'S RESOLUTION 512-95 DECLARING JULY 13TH AS THE DAY OF CUBAN GENOCIDE, IN REMEMBRANCE OF THE SINKING OF "13TH OF MARCH" TUGBOAT (JULY 13, 1994). Mayor Clark: Item 6. Vice Mayor Plummer: Mr. Gort, it's your item. Commissioner Gort: This is... I got a pocket item. I received this copy from Commissioner Reboredo. This is a resolution that was passed at the County. Mayor Clark: Do you move it? Commissioner Gort: I move it. Vice Mayor Plummer: Second. Mayor Clark: If there's no exception, cast a unanimous ballot. 117 May 25, 1.995 k, The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-417 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING JULY 13TH AS THE DAY OF CUBAN GENOCIDE IN REMEMBRANCE OF THE CUBAN GOVERNMENT'S SINKING, ON JULY 13, 1994, OF THE "13 OF MARCH" TUGBOAT; FURTHER SETTING FORTH OTHER DECLARATIONS AS HEREIN SPECIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 8. AUTHORIZE MANAGER TO EXECUTE INTERLOCAL AGREEMENT WITH SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND COMMUNITY REDEVELOPMENT AGENCY FOR OMNI REDEVELOPMENT DISTRICT TO PROVIDE STAFF AND FINANCIAL SUPPORT FOR BOTH COMMUNITY REDEVELOPMENT AGENCIES -- AMEND BUDGET APPROVED PURSUANT TO RESOLUTION 95-268. Mayor Clark: Item number 7. Vice Mayor Plummer: Dawkins. Commissioner Dawkins: This is just to get approval for two scrivener's errors that we had in the other budget that was passed. We substituted one name for another, and added seven thousand dollars ($7,000) to the budget, and I ask that we approve those two. Mayor Clark: Motion? You move it? Commissioner Dawkins: Yes, sir. Vice Mayor Plummer: Second. Mayor -Clark: Cast a unanimous ballot; Mr: Clerk, with no exception. 118 May 25, 1995 ffl= The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-418 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND THE COMMUNITY REDEVELOPMENT AGENCY FOR THE OMNI REDEVELOPMENT DISTRICT, IN SUBSTANTIALLY THE FORM ATTACHED, PROVIDING STAFF AND FINANCIAL SUPPORT FOR BOTH COMMUNITY REDEVELOPMENT AGENCIES; FURTHER AMENDING THE BUDGET APPROVED PURSUANT TO RESOLUTION NO. 95-268 TO BE CONSISTENT WITH THE BUDGET ATTACHED TO SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 119 May 25, 1995 ---------------------------------------------------------------------------------------------------------------- 9. AUTHORIZE MANAGER TO ENTER INTO PURCHASE / SALE AGREEMENT WITH METROPOLITAN DADE COUNTY -- TO CONVEY TO COUNTY PARCEL OF LAND IN VIRGINIA KEY -- GRANT COUNTY: (1) TWO TEMPORARY CONSTRUCTION EASEMENTS; (2) NON-EXCLUSIVE INGRESS / EGRESS EASEMENT, AND (3) NON-EXCLUSIVE UTILITY EASEMENT -- COUNTY TO PROVIDE CITY: (1) $217,350 ($110,000 IN CASH AT CLOSING AND $107,350 IN HIND); (2) ACCESS AGREEMENT OVER / ACROSS COUNTY PROPERTY WHEREIN VIRGINIA KEY SEWAGE PLANT IS LOCATED, TO FACILITATE CITY'S INGRESS / EGRESS TO CITY COMPOST FACILITY, AND (3) NON-EXCLUSIVE ACCESS EASEMENT AGREEMENT IN / ALONG CERTAIN COUNTY PROPERTY ALONG WEST PROPERTY LINE OF SEWAGE PLANT, FOR VEHICULAR INGRESS / EGRESS WHERE CITY OPERATES COMPOSTING FACILITY AND FILL SITE. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 8. Vice Mayor Plummer: Mr. Mayor, I ask that this be deferred until the next meeting. I'd like to go over... They didn't have the regular aerial that I asked for, and I would like to make sure of certain things that are existing over there. Mr. Cesar Odio (City Manager): This is... Let me... Can I ask a favor, please, Commissioner? Vice Mayor Plummer: Sure. Mayor Clark: Let me ask... Mr. Odio: I would ask you to pass this, and... Because, let me tell you, they need to do this, pumping things, and they need... They need this quickly, and they cannot... Vice Mayor Plummer: Mr. Manager, I will accept it being approved subject to my veto within the next three... Well... Commissioner Gort: Move it. Vice Mayor Plummer: ... next Wednesday or Thursday... No, next Wednesday. Mr. Odio: Wednesday. Vice Mayor Plummer: See, we got the holiday in there. That's the problem. Mayor Clark: Let me ask a question, Cesar. Mr. Odio: Yes, sir. Mayor Clark: You know, in the entrance off of the causeway into Marine Stadium, did we annex that property? Mr. Odio: We annexed... 120 May 25, 1995 Vice Mayor Plummer: No. Mr. Odio: We annexed the Marine Stadium properties all the way to the road. But let me... Mayor Clark: Do we have to go across County... Mr. Odio: Where is Luft? I don't remember where the line crossed, but we annexed all the Marine Stadium proper, and the Virginia Beach, the Virginia Key, where the campground is going. Vice Mayor Plummer: The question is the 50 feet off the road? That's not been annexed. Mr. Odio: Only the 50 feet? Vice Mayor Plummer: The 50 feet on each side of the road. Mr. Odio: Everything else is on City limits now. But that road going into the plan is within the City limits. Vice Mayor Plummer: They held that up. That was ransom. Mayor Clark: Did you move this item number 8, Mr. Gort? Commissioner Gort: Yes. Vice Mayor Plummer: OK. But I would like, Mr. Mayor, the right of veto on it, if I may. I'd like to actually go over there, because this is... Commissioner Gort: You have it. Commissioner Dawkins: You move... Defer it? Vice Mayor Plummer: No, go ahead and approve it, and if I have any objection, I'll bring it back on the next agenda. Mr. Luft: Annexation officially occurred November 11th. Commissioner Dawkins: OK. All right. I second J.L.'s motion that we pass this, and if he finds something wrong with it, he has the right... Vice Mayor Plummer: To bring it back. Commissioner Dawkins: ... to bring it back to the next Commission. Vice Mayor Plummer: Right. Thank you, sir. Mayor Clark: Cast a unanimous ballot, then, Mr. Clerk. Mr. Odio: Mr. Mayor, it does go right up to the Rickenbacker. Mayor Clark: Yes. Vice Mayor Plummer: To the causeway? 121 May 25, 1995 Mr. Luft: To the right-of-way of the causeway. Vice Mayor Plummer: The County gave you that? Mr. Luft: Yes. Mr.Odio: Yes. Vice Mayor Plummer: OK. Because the last time the County told you... Mayor Clark: There was a strip in there they didn't have authority for. Vice Mayor Plummer: Well, the problem was, Mr. Mayor, Mr. Luft... Commissioner Dawkins: If it's not, you bring it back. Vice Mayor Plummer: No, no. This is in reference to what he asked of the Administration. Commissioner Dawkins: Yeah, but you just keeping me here for another 30 minutes. Vice Mayor Plummer: Mr. Luft gave them or tipped their hand about the fact of the use of that property... Mayor Clark: Come on, let's go. Yeah, we got it. Mr. Luft: Which one? Vice Mayor Plummer: ... on... for marine -related uses. 122 May 25, 1995 k, The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-419 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY (THE "COUNTY") FOR PURPOSES OF CONVEYING TO THE COUNTY A PARCEL OF LAND SITUATED IN VIRGINIA KEY, MORE PARTICULARLY DESCRIBED HEREIN, AND GRANTING TO THE COUNTY TWO TEMPORARY CONSTRUCTION EASEMENTS, A NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT AND A NON-EXCLUSIVE UTILITY EASEMENT OVER, ALONG, AND UPON CERTAIN PARCELS OF CITY -OWNED LAND SITUATED IN VIRGINIA KEY, MORE PARTICULARLY DESCRIBED HEREIN; THE COUNTY TO PROVIDE THE CITY AS CONSIDERATION THE FOLLOWING: (1) THE SUM OF $217,350 ($110,000 IN CASH AT CLOSING AND $107,350 IN KIND), (2) AN ACCESS AGREEMENT OVER AND ACROSS THE COUNTY PROPERTY WHEREIN THE VIRGINIA KEY SEWAGE PLANT ("SEWAGE PLANT") IS LOCATED TO FACILITATE CITY'S INGRESS AND EGRESS TO CITY COMPOST FACILITY, (3) A NON-EXCLUSIVE ACCESS EASEMENT AGREEMENT IN AND ALONG CERTAIN COUNTY PROPERTY LOCATED ALONG THE WEST PROPERTY LINE OF THE SEWAGE PLANT, FOR VEHICULAR INGRESS AND EGRESS TO CITY PROPERTY WHEREIN THE CITY PRESENTLY OPERATES A COMPOSTING FACILITY AND FILL SITE. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 10. AUTHORIZE ISSUANCE OF CITY'S GENERAL OBLIGATION BONDS (SERIES 1995) IN AGGREGATE PRINCIPAL AMOUNT OF $22,500,000 -- TO PAY FOR CERTAIN SANITARY SEWER IMPROVEMENTS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 10. Commissioner Dawkins: No, 9, sir. Vice Mayor Plummer: Nine. 123 May 25, 1995 Mayor Clark: Nine? Vice Mayor Plummer: Nine. Commissioner Dawkins: Before we get to 9, may I ask the Manager a question? CDG is not the bond... our financial advisor, right, on this? OK, thank you. Go ahead. Vice Mayor Plummer: You choose whoever we approve. Mayor Clark: Is there a motion to approve it? Vice Mayor Plummer: On 9? Mayor Clark: Yeah. Vice Mayor Plummer: I so move. Mayor Clark: Is there a second? Vice Mayor Plummer: And let it be understood, Mr. Mayor, these are bonds that were approved before. Commissioner Gort: In 1980. Vice Mayor Plummer: And all this is doing is selling approved bonds. Commissioner Dawkins: You know... Mayor Clark: Is there a second? Commissioner Dawkins: Yes, second and under discussion. I don't care whether they were approved or not approved, it's still bond debt. But I'm not going to argue. Go ahead. Call the roll, Mr. Mayor. 124 May 25, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-420 A RESOLUTION, INCLUDING EXHIBITS A, B AND C, OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION BONDS, SERIES 1995 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $22,500,000 FOR THE PURPOSE OF PAYING THE COST OF CERTAIN SANITARY SEWER IMPROVEMENTS; FIXING CERTAIN DETAILS OF SAID BONDS, INCLUDING THEIR FORM; CONFIRMING THAT SUCH BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY; AGREEING TO COMPLY WITH CERTAIN TAX REQUIREMENTS; APPOINTING A BOND REGISTRAR AND PAYING AGENT; APPOINTING BOND COUNSEL; DIRECTING AND AUTHORIZING SALE OF THE BONDS BY PUBLIC BID AND DIRECTING PUBLICATION OF A SUMMARY NOTICE OF THE SALE OF SAID BONDS AND ESTABLISHING THE DATE AND TIME FOR SUCH SALE AND THE PROCEDURE FOR AWARDING SAID BONDS; APPROVING THE USE OF BOND INSURANCE AS REQUESTED BY THE PURCHASER OR DETERMINED BY THE CITY TO BE DESIRABLE; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID BONDS AND AUTHORIZING THE DISTRIBUTION THEREOF TO PROSPECTIVE PURCHASERS; AUTHORIZING ACTIONS AND EXECUTION OF DOCUMENTS BY OFFICIALS OF THE CITY; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 125 May 25, 1995 ---------------------------------------------------------------------------------------------------------------- 11. ACCEPT BID: RICHLAND UNIFORM, INC. -- FOR FURNISHING 158 EMS SURVEILLANCE VESTS -- FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($102,700). Mayor Clark: Item 10. Is there a motion on 10? Commissioner De Yurre: Move it. Mayor Clark: Is there a second? Second on 10? I'll second 10. Call the roll. Vice Mayor Plummer: There's a motion made, duly understood. Is there any discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-421 A RESOLUTION ACCEPTING THE BID OF RICHLAND UNIFORM, INC., FOR THE FURNISHING OF ONE HUNDRED FIFTY-EIGHT (158) EMS SURVEILLANCE VESTS FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL PROPOSED COST OF $102,700; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 280601-075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Clark, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Walter Foeman (City Clerk): Commissioner Plummer. Vice Mayor Plummer: Yes. No. I didn't vote. I... Yes. No. I'm not sure, but maybe. 126 May 25, 1995 ---------------------------------------------------------------------------------------------------------------- 12. ACCEPT BID: SOUTHERN AMBULANCE -- FOR 10 NEW RESCUE VEHICLES (UTILIZING EXISTING CITY OF JACKSONVILLE BID NO. SC- 0540-93) -- FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($1,000,000). ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 11. Vice Mayor Plummer: Mr. Mayor, on item 11, I have asked that, that matter, we approve it, subject to the Chief and the people of the industry sitting down before the next meeting and see if there's not a way that we can save on the purchase of these trucks. It has been indicated to me that we have a potential savings, but it was not aware of the fact that there was extra equipment that was being put on them, and I would be... ask that that meeting take place on Tuesday or Wednesday, and that I be in... NOTE FOR THE RECORD: At this point, a momentary electrical outage was experienced in the Commission Chamber. Vice Mayor Plummer: ... and I move it subject to those provisions. Mayor Clark: All right. Is there a second? Commissioner Dawkins: Second. Under discussion. Chief, would you provide me with the information I requested, please? Chief Gimenez: Sure. Mayor Clark: All right. Call the roll. Commissioner Dawkins: No, no. Show me what I asked you for. Chief Gimenez: It's coming. Commissioner Dawkins: OK. Bring it up, then. Commissioner De Yurre: Mr. Mayor, if I may add something. J.L., you're saying that you're approving this, subject to a meeting taking place next week. Vice Mayor Plummer: And if they cannot produce, and, in fact, show whether we can save the money, the matter is approved. Commissioner De Yurre: What if the other party doesn't show up next week? Vice Mayor Plummer: Then it's approved. Commissioner De Yurre: Automatically. 127 May 25, 1995 Vice Mayor Plummer: Yes, sir. Commissioner De Yurre: OK. Mayor Clark: Well, there you are, J.L., there's your... Vice Mayor Plummer: In other words, the other party has indicated, Victor, that they can ppossibly provide the same for six or six hundred and fifty thousand dollars ($600,000 or $650,000), and if there's a possibility that we can save three hundred thousand dollars ($300,000), that's what I'm looking for. Commissioner De Yurre: That's all right. Chief Gimenez: I have no problem with that. Vice Mayor Plummer: If they can't prove it, this one's approved. Commissioner De Yurre: OK. Chief Gimenez: Fair enough. Mayor Clark: Now, what do you want to see here, Miller? Commissioner Dawkins: I want... Vice Mayor Plummer: A dog and pony show. Commissioner Dawkins: That's right, that's what it is, a dog and pony show. Chief Gimenez: At the request of the Commission, we were asked to come back with a presentation as to what the service deliveries will be after October 1. The first chart you see up there indicates that last year, our EMS (Emergency Medical Service) calls were roughly 84 percent of all the calls for service that we received in the department. Mayor Clark: Correct. Chief Gimenez: Sixteen percent were for fire. At the current time, we have 26 fire apparatus and ten rescue vehicles. So approximately 70 percent of our apparatus are really meant for fire suppression, and over 80 percent of our people are meant for the same purpose. However, as you can see, most of the requests for service, over 84 or close to 84 percent is for EMS. The second chart... Vice Mayor Plummer: Why are you putting 17 firemen... Commissioner Dawkins: Hey, this is not... Wait a minute. You said this was... Vice Mayor Plummer: I can ask a question. Commissioner Dawkins: No, no. You said this was my dog and pony show. i j Mayor Clark: I'm going to cancel the meeting right now if we don't get some decorum here. Commissioner Dawkins: OK. -128_ May 25, 1995 k., Vice Mayor Plummer: Sounds like... Chief Gimenez: The second chart shows what the pumpers we have are actually going on. In the... The red shows that they're responding on EMS calls, and the blue shows they're responding on fire calls. As you can see, the majority of the responses, even for our fire suppression units, are EMS. What we are going to do to redistribute our forces is to place in service 19 EMS units and 17 fire suppression units, to more closely align with what our service level demands are. The next chart will show dispatches by the hour of the day. And as you can see here, we have a tremendous increase starting around eight in the morning, and it starts to taper off after about six o'clock at night. As part of our redeployment, what we're going to do is, we're going to have a different shift which will cover the hours from seven -thirty to six, and we will fully staff or have everything up in service during those times. Commissioner Dawkins: Run that by me again. Chief Gimenez: Well, what happens now is that in the daytime hours, we have... Most of our units that are going to be out of service are out of service during those times for training, because that's when the training takes place for recertification, for paramedic, EMT (Emergency Medical Team), HAZ-MAT (hazardous material), all those things that are State required. Those are done during the daylight hours, because that's when the institutions provide the training. So most of our units are out of service... The ones that are going to be out of service are out of service in the daytime, when it is... when, in fact, that's when they're needed the most. So what we're going to do is have what we call a training shift of 20 personnel that will maintain all the number of units in service during the daytime hours, which is the time that we need them the most. When those people come back from training, then the daylight... the training shift will be able to go home. And they work a four -day week, and they work ten and a half hours a day. Commissioner Dawkins: OK. How many members of the Fire Department will be in this training unit, or whatever you call it? Give me... Chief Gimenez: Twenty, 20 fire fighters. Commissioner Dawkins: Twenty fire fighters. Chief Gimenez: Twenty fire fighters. Commissioner Dawkins: OK. Now, when these 20 fire fighters... When all the training is over, these 20 fire fighters - what? Chief Gimenez: They go home. They go home, and then the fire fighters that were training come back to the fire station and put those units in service. Commissioner Dawkins: And so this 20 fire fighters is assigned to training relief for 365 days a year. Chief Gimenez: Well, they're assigned to training relief for four days a week. We will have the training four days a week, from seven -thirty to six. Commissioner Dawkins: All right. Will the training be 12 months a year, three months a year, or what? Chief Gimenez: They'll be on a 12-month... 12 months a year. Commissioner Dawkins: All right. So therefore, these 20 fire fighters are on training relief 365 days. 129 May 25, 1995 Chief Gimenez: No, they're not, sir, because you have four times 52 is... Commissioner Dawkins: OK, I'll rephrase it, I'll rephrase it. How many working days a year does a fire fighter work... days a year? Chief Gimenez: On a... Well, it depends. If they're on a 48-hour schedule, they work about 121 tours. Commissioner Dawkins: All right. Well, let me stop you there. Chief Gimenez: OK. Commissioner Dawkins: The fire fighter trainees relief will be on how many hours a week work shift? Chief Gimenez: A 42-hour week. Commissioner Dawkins: So therefore, a person on a 42-hour work week works how many days a year? Chief Gimenez: Two hundred and eight. Commissioner Dawkins: All right. So therefore, these fire fighter reliefs will be on fire fighter relief 208 days a year. Chief Gimenez: That's correct. Commissioner Dawkins: So that's 20 fire fighters that will be... OK. Go ahead, now. Go ahead. I'm sorry, go ahead. Chief Gimenez: All right. The next chart shows again the company dispatches, and again, you can see that the vast majority of our calls happen from eight a.m. to midnight. And again, that's another reason why we're putting the training shift in, so that we can have the majority of our trucks, all of our trucks in service during the times that they're needed the most. Mayor Clark: That's it. Chief Gimenez: OK? Well, that's not all. We got... We now have how we are going to redistribute the apparatus at each particular station. Commissioner Dawkins: OK. All right. Now, that's Station 1. Chief Gimenez: Station 1. Commissioner Dawkins: All right. Where is Station 1 on this map? Chief Gimenez: Station 1 is the downtown station. It should be located on Northeast 1 and 5th Street. Commissioner Dawkins: OK. Take a pencil, Chief, and mark a big "1" by that, please. Commissioner Gort: You said "pencil" so you can erase it. 130 May 25, 1995 Commissioner Dawkins: No, no. You don't have to erase it. That's mine anyway. They're going to give it to me. No, no, put the "1" right next to it. I need to know... OK, that's 1. All right. Go ahead, sir. Chief Gimenez: OK. The present delivery system consists of two pumpers, an aerial, a rescue, an air truck, and a HAZ-MAT truck. The proposed or the new configuration will include one pumper, one aerial, one rescue, an air truck, a squad, and a HAZ-MAT truck. Commissioner Dawkins: All right. What's the difference between a squad and a rescue? Leave it up there, Chief. Chief Gimenez: A squad is... will be the staffing levels. Now, squads are ALS (Advanced Life Support) capable. OK. Squads are ALS capable, but they're going to carry two people. The rescue car handles the more serious types of EMS calls, and they have three people on board, and that's the difference. Commissioner Dawkins: OK. Then you'll have five people on the shift responding to either the squad rescue or the rescue rescue. Chief Gimenez: That's correct. And then once we go past that in that particular station, then we go back and we send fire trucks on EMS calls. Commissioner Dawkins: OK. Chief Gimenez: What's happened now is since you only have one rescue call, the second call, you get dispatched a fire truck with four people, and you're running a five hundred thousand dollar ($500,000) piece of apparatus. With the new configuration, on your second call, you will get the ALS squad unit with two people at a hundred thousand dollar ($100,000) cost. Commissioner Dawkins: Why do we send the pumper or the aerial on the call? Chief Gimenez: Because we don't... Commissioner Dawkins: What demands that? The Charter, or what? Chief Gimenez: No, because we don't have enough rescue units in order to handle the EMS calls. If you refer back to your first chart, 84 percent of our calls are EMS. Mayor Clark: That's the reason we tried to turn this thing around. Commissioner Dawkins: Eighty percent of our calls are... Chief Gimenez: Eighty-four percent of our calls are EMS. Mayor Clark: Emergency medical service. Where is the next one, Station 2? Chief Gimenez: And the bulk of our resources are in fire suppression. Commissioner Dawkins: So therefore, you are cutting the staff in here by four people. Chief Gimenez: That's correct, in this particular station, because the HAZ-MAT truck will not be fully staffed 24 hours a day. The HAZ-MAT team will be housed at Station 1. They'll take the HAZ-MAT truck when it's necessary. 131 May 25, 1995 Mayor Clark: All right. Commissioner Dawkins: Well, wait now. No, no, no, I don't follow you now. Chief Gimenez: There are two people right now assigned to the HAZ-MAT truck. Commissioner Dawkins: Right. Chief Gimenez: On a full-time basis. Commissioner Dawkins: Right. Chief Gimenez: We feel we can do without that, that the HAZ-MAT team on the new station will be able, when they get a HAZ-MAT call, will be able to jump into the HAZ-MAT truck, and take the HAZ-MAT truck, when it's necessary. Commissioner Dawkins: Although... Then every... Four, eight, eleven... All 13 of those members will be trained with the HAZ-MAT. Chief Gimenez: That's correct. Commissioner Dawkins: OK. No problem. Go ahead. Chief Gimenez: Station 2. It's located on 19th Street and North Miami Avenue. Commissioner Dawkins: OK. Let me cut through some of this. Chief Gimenez: OK. 1 Commissioner Dawkins: OK? How many fire fighters do you have, all total? Chief Gimenez: We are going to be budgeted for 602 fire fighters. Commissioner Dawkins: How many fire fighters do you have? Mr. Odio: Six-o-two, six-o-two (602). Chief Gimenez: Well, at this point, we've had some retirements. We have approximately five - ninety (590). Commissioner Dawkins: Beg pardon? Chief Gimenez: Five -ninety (590). Commissioner Dawkins: Five -ninety (590). Chief Gimenez: That's correct. Commissioner Dawkins: And you have how many stations? Chief Gimenez: Twelve. Commissioner Dawkins: And so... All right. Of the five -ninety (590), how many are actually fire fighters? 1.32 May 25, 1995 Chief Gimenez: Those are fire fighters. Commissioner Dawkins: All right. Well, who's in administration? Chief Gimenez: I'm counting five -ninety as us, also, administration. i Commissioner Dawkins: Well, I won't... But, see... Chief Gimenez: In the Emergency Response Division, we'll have 516 fire fighters. Commissioner Dawkins: Five hundred and sixteen. Chief Gimenez: Five hundred and sixteen, and you'll have 20 in the training staff, so it'll be 536 will be in the Emergency Response Division. Commissioner Dawkins: And that's what you have today. Chief Gimenez: I have what today? I don't understand the question. Commissioner Dawkins: OK. All right. I'll rephrase it and break it down so that I'll be sure you understand it. You said that presently, the City of Miami has 590 employed fire fighters. Of that 590, 536 are actual fire fighters, and the other 54 are what we classify as supervisors or administrators. Chief Gimenez: Well, that's not entirely accurate. There are... A number of them are in the Fire Prevention Bureau, and they're not supervisors. They're actually doing inspection work. And we're going to be placing seven more inspectors in service, in order to make sure that everybody that requires an inspection gets an inspection on a yearly basis. Commissioner Dawkins: And those seven inspectors come from the 536 fire fighters? Chief Gimenez: No. When I told you on the 536 was what we will have in the Emergency Response Division come October 1. Commissioner Dawkins: Al right. The additional seven inspectors, where will they come from? Chief Gimenez: They'll be coming from the other total that you had, the 40 something. Commissioner Dawkins: What 40 something? Chief Gimenez: Well, we subtract five -ninety (590) from five -thirty-six (536). From the 54. Commissioner Dawkins: OK. All right. You're confuse... Wait a minute, now. I'm getting confused. Mayor Clark: He said a total of five -ninety-six and then five -thirty-six. Commissioner Dawkins: All right. Fifty... Chief Gimenez: Right. In the 54 is your people for the Fire Prevention Bureau. Commissioner Dawkins: All right. 133 May 25, 1995 Chief Gimenez: Five -thirty-six is what's going... Commissioner Dawkins: So seven from 54 leaves 47. What do the other 47 do? Chief Gimenez: We have individuals that do training for the fire fighters, those that are assigned to the Training Division. We have people that are in the Technical Services Division, which provide quality assurance. They also provide research and development. We have a certain number... We will have five division chiefs, three deputy chiefs, the Fire Chief, two executive assistants in the Management Services Division. We have another fire fighter that does personnel. I mean, those are the types of things that those fire fighters do. The bulk of those, though, happen to actually be doing some line functioning, such as the Fire Prevention Bureau. Commissioner Dawkins: What is the Dive Team? Chief Gimenez: The Dive Team will consist of members from Station Number 5 that will be manning other apparatus, but when there's a dive incident, they will take the Dive Team boat and the Dive Team equipment, and respond to an incident such as somebody in the water or a car in the water. Commissioner Dawkins: OK. How many aerials do we have now? Chief Gimenez: Nine. Commissioner Dawkins: OK. How many pumpers do we have? Chief Gimenez: Seventeen. Commissioner Dawkins: How many Rescue vehicles do we have? Chief Gimenez: Ten. Commissioner Dawkins: Ten. And you're going to purchase ten, giving us 20. Mayor Clark: Some of those are going out of service. Chief Gimenez: We will purchase ten rescue vehicles, and we'll add those to the fleet. Actually, we have 22 vehicles - OK? - right now. Commissioner Dawkins: Twenty-two vehicles, doing what? Mr. Odio: We have spares. Commissioner Dawkins: Let... Chief Gimenez: We have ten of them on front line. Commissioner Dawkins: That's what I'm saying. Chief Gimenez: All right. Commissioner Dawkins: And you're going to buy ten. Chief Gimenez: And we're going to buy ten. _ --134_ _ May 25, 19.95 _ k.-_ Commissioner Dawkins: So that's 20. Now, where does the 22 come from? Chief Gimenez: We currently have 22 transport vehicles, in order to keep ten in service. Commissioner Dawkins: And so you're going to buy... Chief Gimenez: That's the kind of running that they get, and the kind of wear and tear that happens on them. Commissioner Dawkins: So therefore, you have 22 and we're going to buy ten. It'll give you 32. Chief Gimenez: Right. And with 32, we should be able to put the 19 vehicles in service and keep them up 24 hours a day. That's the kind of wear and tear that these trucks get. Commissioner Dawkins: OK. All right. Now, so that's 20... That's 34. Thirty-four, right? Thirty-four rescue units. Right? Chief Gimenez: No, 32. Commissioner Dawkins: Thirty-two. And of that, 19 will be active; is that correct? Chief Gimenez: I'm sorry? Nineteen will be active, yes. Commissioner Dawkins: And we have how many fire stations? Chief Gimenez: Twelve. Commissioner Dawkins: So each station will have a minimum of one rescue squad. Chief Gimenez: Each station except for Station 11. Commissioner Dawkins: Station 11. Mayor Clark: Where is Station 11? Chief, where is Station 11? Chief Gimenez: Station 11 is located at 59th Avenue and Flagler Street. Mr. Odio: Hadley Park. Mayor Clark: Oh, yeah, it's down on Flagler Street there. Mr. Odio: Hadley Park. Commissioner Dawkins: OK. All right. So Station 11 will just have a pumper. Chief Gimenez: No. They'll have a paramedic pumper and... Commissioner Dawkins: All right. Wait a minute, now. Now, you've got me thoroughly confused. OK? We got pumpers, we got E-2 pumpers, we got aerials and we got rescue squads. Now, you're telling me there's such a thing as a paramedic pumper. What is that? Chief Gimenez: OK. A couple of years ago, we placed in service at Station 11 a paramedic pumper, and what that does is that particular unit is able to handle fire suppression calls, but it 135 May 25, 1995 k. - also is staffed with paramedics, so that if you get an EMS call there, they're able to handle it with advanced life support capability. They have defibrillators, they can start I.V.s (intravenous), they can intubate. All those things that a Rescue unit can do, this unit can do, except they don't transport. Commissioner Dawkins: Why wouldn't we put paramedic pumpers at each station, instead of adding ten new rescue vehicles? Chief Gimenez: Well, because what's going to happen, our goal, ultimate goal, is to make everybody in the department a paramedic, and do just that. However, at this point, we don't have enough paramedics to do that in the department. Commissioner Dawkins: So if you don't have enough paramedics to do that, you don't have enough paramedics to man the vehicles that we're purchasing. Chief Gimenez: No, we do. We also... What we're... Commissioner Dawkins: No, you... Well, either you do or you don't. Chief Gimenez: No, we do. We have enough paramedics to do, with the squad concept, what we want to do. Commissioner Dawkins: OK, OK. Chief Gimenez: And also, with the squad concept, we'll be able to get to the scene, put the patient in the truck, and transport them, and generate the revenue for the City of Miami. Commissioner Dawkins: All right. Of the 17 pumpers, how many of them are you declaring surplus? Chief Gimenez: We will probably declare about four or five surplus. Commissioner Dawkins: Five surplus. All right. Of the aerials, how many are you going to declare surplus? Chief Gimenez: Two or three. Commissioner Dawkins: No. You see, I need exact answers. I don't need you to guess for me, OK? Now, either you sat down and you figured this out, or you didn't. So you either tell me two, or you tell me three. Don't tell me two or three. Chief Gimenez: At this point. Commissioner Dawkins: I defer this until the Chief can get his act together. Chief Gimenez: At this point... Commissioner Dawkins: I defer this until the Chief can get his act together, and answer me and what I..., what I declare a respectful way. Chief Gimenez: Two. Two. Commissioner Dawkins: I move that this be deferred until the Chief can come back and answer this. 136 May 25, 1995 Mr. Odio: But we can't... Chief Gimenez: You want a straight answer? I'll give you two, right now. Commissioner Dawkins: No, I don't want you to answer me like that. You should... You should have it down. I asked you for this. You called me and I told... Chief Gimenez: You didn't ask me for that particular question, sir. Commissioner Dawkins: OK. Well, I move to defer. Vice Mayor Plummer: Mr. Mayor, before this matter gets out of hand, my colleague has asked that it be deferred. I move it to be deferred. I second the motion. Mr. Odio: What? Vice Mayor Plummer: The matter to be deferred. Mr. Odio: I need to put something on the record. Vice Mayor Plummer: Put whatever you want on the record, sir. Mr. Odio: We have a labor contract that was ratified by the members and approved by this Commission. If we don't have the equipment here by the end of the summer, we will be in violation of our labor contract. Mayor Clark: Where is Victor? Commissioner De Yurre: I'm here. I'm listening to the Manager. Commissioner Dawkins: You see, I don't care who comes up here. Mr. Mayor, it's a certain amount of respect that's due each Commissioner. See, now, you can... I know you got four votes. I don't have a problem with it, OK? Mayor Clark: Oh, no, I... Commissioner Dawkins: Yes, you do. You call, "Where is Victor?" so you can have four votes. Mayor Clark: I wasn't going to... Vice Mayor Plummer: Mr. Dawkins... Commissioner Dawkins: All right. Now, let me make sure that I'm understood, OK? Vice Mayor Plummer: But how can you have four votes, when I seconded the motion? Commissioner Dawkins: OK, that's all right, no problem. I'm going to say what I've got to say, and you all do what you want to do. Vice Mayor Plummer: I count bad. Commissioner Dawkins: Mr. Chief. 137 May 25, 1995 Chief Gimenez: Yes, sir. Commissioner Dawkins: You're going to pull "X" number of equipment out of service. What are you going to do with it? Chief Gimenez: We will put some of those trucks to use as spares, and then the... Commissioner Dawkins: As what? Chief Gimenez: As spare apparatus, spare apparatus, so that when one truck breaks down, we go into another one, and we continue the service. And some of the other will be declared surplus. Those will be inventoried, and the ones that are in the worst shape will be declared surplus. Commissioner Dawkins: And when they're surplus, what are you going to do with them? Chief Gimenez: We're going to try to sell them. Commissioner Dawkins: And what will you... Mr. Odio: Commissioner, you can sell it, or you can send it to sister cities, as a charitable cause. Commissioner Dawkins: OK. Let me say this. You are going to pick up people who are j injured, so you guys say. What do you expect to generate through picking up these people? Chief Gimenez: OK. Our revenue projections are, on the BLS (Basic Life Support) side, one point eight million ($1.8 million). Vice Mayor Plummer: No, that's just unreasonable. Commissioner Dawkins: One point eight million ($1.8 million)? Chief Gimenez: One point eight million ($1.8 million). Commissioner Dawkins: OK. Vice Mayor Plummer: From what? Chief Gimenez: From the transport of these patients. Vice Mayor Plummer: With the new stuff in effect? Chief Gimenez: Yes. Vice Mayor Plummer: No, no, no. That's a million -eight additional. Chief Gimenez: Yes, that's correct. Vice Mayor Plummer: Over the two and a half that you're already doing. Chief Gimenez: That's correct. This is additional, right. I'm sorry. Commissioner Dawkins: Well, I want to know total. Vice Mayor Plummer: Well, if it's... 138 May 25, 1995 Commissioner Dawkins: Two point eight (2.8) or three point eight (3.8)? Chief Gimenez: We have approximately... We generate approximately two million dollars ($2,000,000) right now, so we'll be generating an additional one point eight million ($1.8 million) just from the BLS transports, and we... Commissioner Dawkins: So that's three point one (3.1) ... that's three point eight (3.8). Chief Gimenez: Three point eight (3.8). And we anticipate another six hundred thousand ($600,000) in additional fees from the ALS transports, from the fee increases that we received some time ago. Commissioner Dawkins: Now, for the benefit of those of you who were not here, when we started this... Is there a firm that the fire Department contracts with as a collection agency that collects past due bills? Vice Mayor Plummer: Yes. Chief Gimenez: There are two firms. Commissioner Dawkins: Two firms. Now, why is it necessary to have these two firms? Vice Mayor Plummer: Can I clarify that, if I may? Commissioner Dawkins: Yeah, go right ahead. Vice Mayor Plummer: Because that could be very misleading. Chief Gimenez: Go ahead. Vice Mayor Plummer: When you say past due bills, let's also remember that there is a proposal that we... The people that are residents of the City of Miami, we send them a bill, and we hope that they have insurance or something to pay it. Commissioner Dawkins: OK. Vice Mayor Plummer: If they don't, we realize that they are taxpayers. If we transport someone who does not reside in the City of Miami, we send them a bill, and if they don't pay it, we go after them with one of these two companies. So I think there's a big difference there, and I didn't want anybody to be misled. Commissioner Dawkins: OK. I'm still headed where I was started. The editorial is good. Approximately what is the rate, collection rate for the collection company? Chief Gimenez: About 40 percent. Commissioner Dawkins: They collect 40 percent. Chief Gimenez: Yes, sir. Commissioner Dawkins: OK. So therefore, if half of this three point eight (3.8) was turned over to them, 40 percent of it goes to them for collections, if they collect it. 139 May 25, 1995 Chief Gimenez: No, no. That's the collection rate. That's not what they get paid. That's how much... Of the billing that they put out, that's how much they get back; 40 percent of the collection rate, is their experience. That's how much money comes back to the City. Commissioner Dawkins: All right. What is their rate in dollars for collection? Chief Gimenez: It's a sliding scale, depending on... The better they do, the more they collect. I don't have that information with me at this time, exactly how much it is that they get paid. Commissioner Dawkins: But as J.L. has said - he got to a point that I wanted to get to - we have said that any indigent person who lives in the City of Miami who is transported and cannot be paid will not be paid. Chief Gimenez: Well, what we do is, there's no extraordinary collection efforts. And what they do is, they send a bill. If you don't pay it and you're a resident of the City of Miami, there's no extraordinary collection efforts to try to get the money. Commissioner Dawkins: What percent of the three point eight (3.8) have you determined may be no -pays? Chief Gimenez: No. The one point eight (1.8) takes into account a 40 percent collection rate. Mr. Odio: Oh, yeah, that's net. Chief Gimenez: That's net, yes. Commissioner Dawkins: Now, how are you going to compete with the other ambulance services? Explain that to me. Chief Gimenez: What do you mean by "competing" Commissioner Dawkins: OK. Now, when 9-1-1 comes over space, we go get it. I don't know how the City of Miami can have a monopoly on accidents in the City of Miami. I don't know that. Chief Gimenez: We've always had... Commissioner Dawkins: I can understand us having a monopoly on going to the homes of our residents, but I don't see... How are you going to get that part of the accidents that we usually get - I mean get more than that? Chief Gimenez: We respond... Mayor Clark: Can I say something, Miller? Commissioner Dawkins: Yes, sir. Mayor Clark: Please, Chief, please. Commissioner Dawkins: Go ahead, Mr. Mayor. Mayor Clark: At the present time, when a 9-1-1 call comes in, the first one generally there is the Fire Department. They stabilize the patient. And then the ambulance comes along and picks the patient up, and takes it to the hospital. They don't stabilize the patient, the ambulance doesn't. The Fire Department stabilizes the patient. 140 May 25, 1995 Chief Gimenez: That's correct. Mayor Clark: If you stabilize the patient, why can't you just put him in the truck and take him to the hospital? Why do you have to lay him down, put him in another truck, and everything else? That's the reason. Vice Mayor Plummer: Well, that's not the reason, Mr. Mayor. Mayor Clark: What is the reason? Vice Mayor Plummer: Mr. Mayor, the reason is, there is a State law that says if we put a needle in them, we got to transport them. And that's the reason why you're doing a lot more transporting today. Before that State law, you could put a needle in them, and give them an I.V. or whatever, and you could have an ambulance transport them. Now, I've argued this out before, but there is presently a State law that says if you put a needle in them, you've got to transport them, and that's what's happening. We put a needle in them, we're transporting. Mayor Clark: OK. Commissioner Dawkins: No further questions. Mayor Clark: All right, on the item, on item number 11, with the caveat that J.L. had. You moved it with the caveat, right, J.L.? Vice Mayor Plummer: Yes, sir. Mayor Clark: Do you second it? Miller seconded. All right. No further discussion. Call the roll, Mr. Clerk. 141 May 25, 1995 V The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-422 A RESOLUTION ACCEPTING THE BID OF SOUTHERN AMBULANCE FOR THE PURCHASE OF TEN (10) NEW RESCUE VEHICLES UTILIZING EXISTING CITY OF JACKSONVILLE, FLORIDA BID NO. SC-0540-93, AT A TOTAL PROPOSED COST NOT TO EXCEED $1,000,000.00, FOR THE DEPARTMENT OF FIRE - RESCUE; ALLOCATING FUNDS THEREFOR FROM AN ACCOUNT TO BE DESIGNATED BY THE DIRECTOR OF FINANCE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: I wish to just make a very simple statement to my colleague, Commissioner Dawkins. Commissioner, at any time that this doesn't meet three votes of approval of this Commission, we'll change it. I vote yes. COMMENTS MADE FOLLOWING ROLL CALL: A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, could I get one quick clarification, please? Was that passed with the stipulation that you had mentioned earlier about sitting down with... Mayor Clark: Yes. Vice Mayor Plummer: Yes, yes. He said, "as amended." 142 May 25, 1995 ---------------------- ----------------------------------------------------------------------------------------- 13. ACCEPT PLAT: JEFFERSON REEVES HEALTH CENTER SUBDIVISION. Mayor Clark: All right. Number 12, is there a motion? Vice Mayor Plummer: Move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot, no exception. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-423 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED JEFFERSON REEVES HEALTH CENTER SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 143 May 25, 1995 ------------------------- ----------------- ------- --------------------------------------------------------------- 14. ACCEPT PLAT: WOODLAWN PARK CEMETERY 1ST ADDITION. Mayor Clark: Item. number 13. Commissioner Gort: Move it. Vice Mayor Plummer: Second. Mayor Clark: If there's no exception, cast a unanimous ballot. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-424 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED WOODLAWN PARK CEMETERY 1ST ADDITION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: The hour is now four -twenty-five. We've got five minutes before we go. Commissioner Gort: I've got a pocket item I'd like to get out out of the way. 144 May 25, 1995 ---------------------------------------------------------------------------------------------------------------- 15. GRANT REQUEST -- WAIVE ALL WAIVABLE FEES IN CONNECTION WITH GOOMBAY FESTIVAL -- DEFER ALL PAYMENTS DUE TO CITY FOR 30 DAYS -- CITY TO HAVE FULL AUDIT AND VETO RIGHTS -- CITY TO BE REIMBURSED IF FESTIVAL REALIZES PROFIT. Mayor Clark: What is it, Willy? Pockets... Take your pockets back in your office. Vice Mayor Plummer: I'll give you a pocket, Mr. Mayor. Mr. Mayor. Mayor Clark: All these pockets. What is it? Vice Mayor Plummer: As you know, or I think you were at the meeting of the TDC (Tourist Development Council), in reference to Goombay. Goombay is in financial straits. At TDC, we said that the only way that we would give them money is to let Mr. Merrett Steirheim and others get involved. I would like to propose today the following. That the City waive all the fees that we normally waive. Second of all, that any payments due the City we defer for a period of 30 days. Their problem is that some of their prime sponsors, like the Lotto and others, do not pay for 30 days. And thirdly of all, that we have full right of audit and veto, that any profit that they make, that the City will get its money back up and beyond the fees. And I would move under those circumstances that we try to keep in this community at least one more year Goombay. If it doesn't make it this year, it's gone. But Merrett Steirheim and others are running the show. Mayor Clark: I'll second your motion, J.L. Vice Mayor Plummer: So what I'm saying is... Do you understand, Mr. Manager? What I'm saying is that the fees, I think, which are about forty-eight hundred dollars ($4800) would be waived automatically. The remaining part of the cost, City cost... Mayor Clark: Will be deferred. Vice Mayor Plummer: ... would be deferred for 30 days, and at any expense... Any profit at all would be paying back first and foremost the City's involvement up to 100 percent. Mayor Clark: Call the roll. 145 May 25, 1995 N__ The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-425 A RESOLUTION RELATED TO THE 1995 MIAMIBAHAMAS GOOMBAY FESTIVAL TO BE CONDUCTED BY MIAMIBAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC. ON JUNE 3 AND 4 1995; WAIVING ALL WAIVABLE FEES ALLOWED BY CITY CODE; SAID WAIVER CONDITIONED UPON: (1) THE CITY HAVING THE RIGHT TO AUDIT THE ORGANIZERS' RECORDS; AND (2) THE ORGANIZERS: (A) PAYING FOR ALL OTHER NECESSARY FEES ASSOCIATED WITH SAID EVENT; (B) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (C) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; FURTHER, PERMITTING ORGANIZERS TO DEFER PAYMENT TO THE CITY FOR CITY SERVICES FOR THIRTY (30) DAYS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Clark, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 16. BRIEF COMMENTS BY VICE MAYOR PLUMMER CONCERNING CERTAIN STATEMENTS MADE BY DOWNTOWN VENDORS. Vice Mayor Plummer: Mr. Mayor, only for reasons of information, I gave each one of you a copy of this thing that is being distributed by the vendors in downtown Miami. I think, at best, this is dirty pool. I think it is wrong for them to go down and make such statements that, in fact, are not true. Commissioner Gort has worked with these people, absolutely bent over backwards, and I... He's not going to say it because he's too much of a gentleman, but I guess I'm not. I'm going to say, in my estimation, this that they are putting out is dirty, dirty pool, and I want people to remember that this Commission is not putting anybody out of work. What we're saying is nobody has an absolute right and guarantee to have City property at whatever cost they want, whenever they want. People pay franchise fees in this community, and if they're not happy, let me tell you something. I'll go on record right now. If they're not happy with what Commissioner Gort has said, I think they ought to go to Broward County. I'm just doing it for informational purposes. Anybody else want a copy, I'll give it to them. 146 May 25, 1995 M Mayor Clark: Thank you. ---------------------------------------------------------------------------------------------------------------- 17. AMEND RESOLUTION 95-407 -- RESCHEDULE PLANNING AND ZONING PORTION OF JUNE 1ST COMMISSION MEETING TO COMMENCE AT 11 A.M., SOLELY TO CONTINUE ENTIRE AGENDA TO JULY 27TH MEETING, COMMENCING AT 4 P.M. Mayor Clark: Mr. Attorney, you've got a pocket there. Read it into the record, will you, please. A. Quinn Jones, III, Esq. (City Attorney): This is a resolution changing the scheduled time for commencing the second meeting of June 1st, the P&Z (Planning and Zoning) portion, from four - thirty p.m. to eleven o'clock a.m., said second meeting being solely for the purpose of continuing the entire Planning and Zoning agenda to July 27, 1995, to four o'clock p.m. This amends previous resolution number 95-407. Mayor Clark: Motion to move it? Vice Mayor Plummer: Move it. Commissioner Gort: Second. Mayor Clark: Seconded. With no exception, cast a unanimous ballot, Mr. Clerk. All right. Thank you, Mr. Attorney. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-426 A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 95-407, ADOPTED MAY 11, 1995 THEREBY CHANGING THE SCHEDULED TIME FOR COMMENCING THE SECOND REGULAR COMMISSION MEETING OF JUNE 1, 1995 (THE PLANNING AND ZONING MEETING) FROM 4:30 P.M. TO 11:00 A.M.; SAID SECOND MEETING BEING FOR THE SOLE PURPOSE OF CONTINUING THE ENTIRE PLANNING AND ZONING AGENDA TO JUG Y 27, 1995 AT 4:00 P.M. (Here follows body of resolution, omitted here and on file in the Of ik e of the City Clerk.) 147 May 25, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 18. ACCEPT BID: DEMOLITION MASTERS -- FOR DEMOLITION OF TWO- STORY UNSAFE STRUCTURE -- FOR PLANNING, BUILDING & ZONING DEPARTMENT -- ALLOCATE FUNDS ($49,720) FROM COMMUNITY DEVELOPMENT BLOCK GRANT DEMOLITION FUND. Mayor Clark: Yes, Will. Commissioner Gort: Yes, I have a pocket, two pocket items. One is acceptance of bid number 9495149 for furnishing of all labor, material and equipment to provide demolition service on a short-term contract... Commissioner Dawkins: Move it. Commissioner Gort: ... for the Department of Planning and Building Department. Commissioner Dawkins: Move it. Mayor Clark: Second. Cast... Vice Mayor Plummer: Just a question. What are they demolishing? Commissioner Gort: A home that has been sited, that's been... Vice Mayor Plummer: Is it a residence? Commissioner Gort: It's not a residence. It's a business. Commissioner Dawkins: Yes. Two-story structure. Two-story structure. OK. Vice Mayor Plummer: But, I mean, was it, in fact, a crack house or something, Mr. Mayor Clark: Cast a unanimous ballot, Mr. Clerk. We'll move on. Vice Mayor Plummer: OK. I'd like an answer, please. Mayor Clark: All right. 148 May 25, 1995 k__ c. �iA Mr. Sergio Rodriguez (Assistant City Manager): It was full of vagrants, and it was in bad shape, so we had to demolish it. Vice Mayor Plummer: Fine. Thank you. Commissioner Gort: It was an unsafe structure. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-427 A RESOLUTION ACCEPTING THE BID OF DEMOLITION MASTERS FOR THE DEMOLITION OF ONE (1) TWO-STORY STRUCTURE LOCATED AT 2136 N.W. 1ST AVENUE, MIAMI, FLORIDA, AT A TOTAL COST OF $49,720, FOR THE DEPARTMENT OF PLANNING, BUILDING AND ZONING; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT DEMOLITION FUND, INDEX CODE NO. 455017, PROJECT NO. 799206; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 149 May 25, 1995 k. ---------------------------------------------------------------------------------------------------------------- 19. ALLOCATE $12,600 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS -- FOR REHABILITATION OF NINE BUSINESS IN LITTLE HAVANA (PEQUENA HAVANA) TARGET AREA -- UNDER COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM (RECOMMENDED BY EAST LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT TEAM (NET] SERVICE CENTER). Commissioner Gort: The second one is. Mayor Clark: It is respectfully... Go ahead, Will. Go ahead. Commissioner Gort: I'm sorry, Mr. Mayor. The second one is the commercial rehabilitation. This is from Community Development. You all have a copy of this. This is for the rehab. Commissioner Dawkins: Move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. Commissioner Gort: Thank you. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-428 A RESOLUTION AUTHORIZING THE ALLOCATION OF $12,600 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, ACCOUNT NO. 799602, FOR THE REHABILITATION OF NINE BUSINESSES LOCATED IN THE LITTLE HAVANA TARGET AREA UNDER THE COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 150 May 25, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ------------------------------------------- -------------------- ----------------------------------- -------------- 20. ALLOCATE $25,000 FROM INTERNATIONAL TRADE BOARD (ITB) FUNDS -- FOR PROMOTION OF CANADIAN FOOTBALL LEAGUE GAMES IN MIAMI. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Did you read this one, Will? Vice Mayor Plummer: Which one? Commissioner De Yurre: Mr. Mayor, I have a resolution requesting the City Commission approval of twenty-five thousand dollars ($25,000) from the International Trade Board's fund for the promotion of Canadian Football League games in Miami. I so move. Commissioner Dawkins: Move it. Vice Mayor Plummer: What? Commissioner De Yurre: That was the Canadian Football League. Mayor Clark: Cast a unanimous ballot. Commissioner Dawkins: Where is it coming from? Where is the money coming from? Commissioner De Yurre: Canada. Mayor Clark: Victor's relief fund. Vice Mayor Plummer: He's giving twenty-five thousand ($25,000) of ITB (International Trade Board) away. i 151 May 25, 1995 k.a- The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-429 A RESOLUTION APPROVING ALLOCATION OF $25,000 FROM THE INTERNATIONAL TRADE BOARD PROMOTIONAL ACTIVITIES BUDGET, INDEX CODE NO. 921084-690, FOR THE PROMOTION OF CANADIAN FOOTBALL LEAGUE GAMES IN MIAMI, FLORIDA. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Dawkins: Any other pockets? Mayor Clark: Any other pockets? Vice Mayor Plummer: Mr. Mayor, the only one I had was Goombay. Mayor Clark: Do we have any other pockets? Vice Mayor Plummer: I don't, sir. Mayor Clark: Mr. Dawkins? Commissioner Dawkins: No, sir, Mr. Mayor. Mayor Clark: Mr. De Yurre? Commissioner De Yurre: No. Mayor Clark: Amendments to Virginia... Oh, let's don't go with that. Commissioner Dawkins: OK, OK. We recess for five minutes? Mayor Clark: Well, we're on duty now. Commissioner Dawkins: OK. Go ahead, then. Let's go. 152 May 25, 1995 �r [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of May, 1995, 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 4:30 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner Miller J. Dawkins Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ---------------------------------------------------------------------------------------------------------------- { 21. GRANT SPECIAL EXCEPTION FROM ZONING ORDINANCE (11000), ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN 5,000 SQUARE FEET -- ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA -- FOR TWO LOTS WITH NET LOT AREA OF 22,960 SQUARE FEET AT 3060 ORANGE STREET (ZONED R-2 TWO FAMILY RESIDENTIAL), WITH CONDITIONS. (Applicant: Luise Dominguez & Ken tRampone for Central Grove Property, Inc. Appellant: Gerald C. Marston & i Carlos Rodriguez.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: This is Part B of the public hearings. It's four -thirty, an appeal of the Zoning Board's decision. Where is our Zoning Board people? Sergio, are you here? All right. Where is the man out front? OK. 153 May 25, 1995 Vice Mayor Plummer: Who took the appeal? You took the appeal? Unidentified Speaker: I did not represent him. Mr. Sergio Rodriguez (Assistant City Manager): Give me a minute, one second, please. Mayor Clark: Just a moment, sir. Just a moment, please. Mr. Rodriguez: On PZ-1, sir, you asked us to meet in the neighborhood and try to see if we could find a solution to the difference that we had between the neighbors and the appellant and the applicant. We met at the site, and we went through the proposal that we had in that area, and we came to the conclusion that we could support the changes that were there with the following conditions: The tree that was the part of the subject argument from everybody is going to be preserved, the oak tree. In addition to that, we have been asked to identify those limbs of the tree that have to also be preserved, and they have been marked on the site after we had a meeting with landscape architects and tree specialists. In addition to that, there will be a minimum of 15 feet separation between the two buildings adjacent to the tree so that we can preserve the specific tree. If there is any loss of any other trees in the area, there will be a mitigation plan that has to be approved by the director of the Planning, Building and Zoning Department. In addition to that, we also ask them to provide an additional parking space that the applicant has shown in the site plan, in addition to the two extra that they provided above the minimum requirement. In addition to that, we asked them to plant some trees or landscaping in the swale area to avoid any parking in the area, and the applicant has also agreed to modify the roof of the building, and if necessary, change the location of the second floor of the building to accommodate the... and try to discourage the cutting of any other limbs in the tree. So with all those arrangements that we made on the side, again, the Planning Department recommends approval of the proposal. I believe there is a person here representing the opposition to the site that would like to add some statement on that particular issue of whether we're going to have any follow-up on the conditions that we have imposed. Mayor Clark: Where is that person? Right here? Give us your name for the record. Mr. John Riordan: Yes. My name is John Riordan. I'm a registered landscape architect. I live at 3141 McDonald Street in the Grove. I wrote the initial letters on this oak tree. We... It's caused a lot of problems. Vice Mayor Plummer: Mr. Mayor, I think they need to be sworn in. Mayor Clark: I know. I was just going to do that. Let's get rid of this first. Mr. Riordan: We realize that there are many of these heritage sized trees around the Grove that have no protection. And what's done on this will be a precedent for other trees in the area. I volunteered to help supervise and be on hand for the care of the tree when it's going on. The other thing that we are concerned about is we know that the builder will do his best to protect the tree at this point, and it would be all right. But what we worry about is later, when the apartments or the townhouses are sold, somebody moves in, and we get a "campesino" haircut. You know, it's not unusual in the Grove to have trees hacked. Mayor Clark: Well, diligence, diligence, you got to be diligent. Mr. Riordan: And we would like... It's been suggested that there be a covenant going with the property to protect the tree, with a bond posted for the value of the tree that would revert to the City, should any damage occur of this nature. 154 May 25, 1995 Mayor Clark: I've never of any covenant going with a tree. Mr. Riordan: I know. That's why I said this is a... This is an unusual situation. But there are many trees of this diameter in that area, and it poses a hazard for the future. Mayor Clark: Just a moment, before we proceed any further. All the persons that may testify tonight, please raise your right hand to be sworn by the Clerk. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: All right. Mr. Rodriguez: Mr. Mayor, in relation to what the gentleman was talking about, we had recommended as part of the mitigation a plan that we have, requesting from the applicant that if any of the trees or the tree were to die, for whatever reason, that there will be a mitigation plan in place that will substitute for a number of other trees, of specimen trees on site. And we believe that is an appropriate condition to be there. Mayor Clark: Mitigation, yeah. I think you're protected there. Vice Mayor Plummer: What about ten years down the road? Mr. Rodriguez: Well, let me tell you something. When we... I went to the site with the tree expert, and they told me, for example, that the tree itself, the present tree, it's not a completely healthy tree there. There are some problems already. Trees die. Some trees die from time to time. There is a protection up to a point. Now, I feel that we have really gone out of our way in looking at the tree and trying to protect it. Mayor Clark: I think you've done enough there. All right. There's a motion in order according to these... Mr. Riordan: One other thing, if I may. DERM (Department of Environmental Resource Management) has a policy now... Mayor Clark: Don't kill the tree here, now. Mr. Riordan: DERM has a policy that it's the value of the tree in compensation, not the diameter. Mayor Clark: All right. Let's see this gentleman have a word. Give us your name and address. Mr. David Gell: Good afternoon. My name is David Gell. I live at 3290 Matilda Street, and I am president of Center Grove Neighborhood Association. I simply want to make a point, and that point is that nine units on these particular three lots is cramming people together in an unnecessary way. It is... It may be true - and I have not done the mathematics - it may be true that if you take all three lots and you put them together as one parcel that under the old rules, before the ordinance was changed, that there was a right to have nine units, I'm not sure that that is accurate. I'm not sure that that is the intent or the spirit of the ordinance, and I'm not sure that it should be allowed to have nine units on three lots, when those lots have not been unified. Mayor Clark: Well, let me say this. This was worked out by Mr. Sergio Rodriguez, and he is the most conservative, tight-fisted man you could ever come across. He said "It's OK with me, you've got my word." I said, "I'll support your claim." And he's an expert. He's been... 155 May 25, 1995 Mr. Gell: With all due respect... Mr. Rodriguez: In relation... Mr. Gell: With all due respect to the City and the good work that the Administration does... Believe me, I work with them, and I know that they care a lot. Vice Mayor Plummer: But Mr. Gell, why would you bring up this "may be" or "could be" if they're not, in fact? I mean, you're... Doing that... Mr. Gell: Because I, personally, as I said... Vice Mayor Plummer: You know, what you should have done - and I would have appreciated if you had done - that these questions that you raised that maybe "could be," that you would have gone to the Administration first, because when you come here and you do this in front of the Commission, you cloud the issue that, you know, it's an innuendo that it could be, when you could have gone to the Administration, asked the question, got a definite yes or no, and if it was yes, put it on the record. If it's no, keep your mouth shut. Mayor Clark: All right, let's go, let's move forward. Mr. Gell: Let me clear up what I do know, and that is that those three lots are not unified, and that those three lots individually would not allow three units to each lot. Only one lot qualifies for three units. The other two only qualify for two units each. Vice Mayor Plummer: What is it, a PUD (Planned Unified Development)? Mr. Rodriguez: And one of the conditions that we have is that the property be replatted so the application... The approval of this is subject to a replatting of the project. Mr. Gell: No, I... Mayor Clark: Unification of the lots. OK. Fine. Vice Mayor Plummer: I move the subject with all conditions that have been, I assume, agreed upon, that subject to all agreed conditions, will be surrendered in writing to the Administration, and subject to the approval of the Administration and the Legal Department, at such time that that is that this matter be approved, I so move. Mayor Clark: Is there a second? Call the roll. 156 May 25, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-430 A RESOLUTION, WITH ATTACHMENT, AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN FIVE THOUSAND (5,000) SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA FOR TWO LOTS WITH A NET LOT AREA OF 22,960 SQUARE FEET FOR A PROPOSED PROJECT OF NINE (9) UNITS FOR THE PROPERTY LOCATED AT 3060 ORANGE STREET, MIAMI, FLORIDA, ZONED R-2 TWO FAMILY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO THE CONDITIONS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, AND WITH A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Wifredo Gort ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: Mr. Mayor, I have to be consistent with this. I voted at the first Zoning Board meeting that they had here, I voted no, because I don't believe in that. I believe we passed an ordinance to do away with a third unit in this type of thing. For that reason, I vote no. Mr. Price: Thank you very much. Mayor Clark: Thank you all for coming down. 157 May 25, 1995 ---------------------------------------------------------------------------------------------------------------- 22. GRANT SPECIAL EXCEPTION FROM ZONING ORDINANCE (11000), ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES -- TO ALLOW A HEALTH CLINIC AT 2035 N.W. 4 COURT (ZONED R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL), WITH CONDITIONS AND COVENANT. (Applicant: Armando Vidal for Dade County HUD [owner] and Anthony DeFurio for Health Foundation of South Florida [lessee].) Mayor Clark: Item number 2. Ms. Lourdes Slazyk: PZ-2 is a request for a special exception for a health clinic to be housed in a remodelled apartment unit. The address of the property is 2035 Northwest 4th Court. The Planning, Building and Zoning recommendation is for approval with conditions. This is based on findings that the use is greatly needed within the area and will be beneficial to the community. Vice Mayor Plummer: He wants approval, right? Ms. Slazyk: The conditions that we recommend are that all exterior improvements or modifications be visually minimized in order for the existing structure. Vice Mayor Plummer: Steve, I move it subject to the conditions. Mayor Clark: All right. It's moved subject to the conditions. Is there a second? Mr. Sergio Rodriguez (Assistant City Manager): I don't know if there is anybody on this issue here, but just in case... Vice Mayor Plummer: No one approached the microphone. Mayor Clark: With no exception... You're not objecting, are you? OK, cast a unanimous ballot, Mr. Clerk. Vice Mayor Plummer: God help them if they do. Item 3 (sic) has been approved, subject to those conditions. No signs in the Commission room, sir. Vice Mayor Plummer: That of course... Mayor Clark: Item number 3. Vice Mayor Plummer: Item number three, I have to add to that - Item 2 - a covenant is to be requested and demanded on item 2. That's at the request of the Law Department. All right. 158 May 25, 1995 t_. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-431 A RESOLUTION, WITH ATTACHMENTS, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A HEALTH CLINIC FOR THE PROPERTY LOCATED AT 2035 NORTHWEST 4TH COURT, MIAMI, FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO: (1) THE CONDITIONS SET FORTH ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF; (2) A COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING ALL THOSE CONDITIONS SET FORTH ON EXHIBIT "B"; AND (3) A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 23. (A) CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF PORTION OF N.W. 3 AVENUE BETWEEN N.W. 29 AND 30 STREETS -- AS CONDITION FOR APPROVAL OF TENTATIVE PLAT NO. 1469: BUENA VISTA ELEMENTARY SCHOOL -- PAYMENT IN LIEU OF TAXES MUST BE GIVEN IN LIKE AMOUNT TO THE CITY -- INCLUDE REVERTER CLAUSE. (Applicant: School Board of Dade County.) (See label 25) (B) BRIEF COMMENTS CONCERNING RANGE PARK (ADJACENT TO EDISON ELEMENTARY SCHOOL) WHICH STILL NEEDS TO BE RESODDED. Mayor Clark: Item number 3. Mr. Jim Kay: Mr. Mayor and members of the Commission, PZ-3 is a public hearing for the vacation and closure of Northwest 3rd Avenue between Northwest 29th and 30th Street in 159 May 25, 1995 connection with the Buena Vista Elementary School tentative plat and... Vice Mayor Plummer: What are we getting in return? Mayor Clark: The shaft. You hear me? Vice Mayor Plummer: Yeah, I heard you, but I don't agree with it. OK. I will make it under two conditions. Number one, that the new PILOT (Payment in lieu of Taxes) committee has said that whatever the value of this is in the way of taxation, that they must, in fact, give a like amount to the City of Miami in revenue. OK? Commissioner Gort: Mr. Mayor. Vice Mayor Plummer: And second of all, there be a reverter clause that if, for whatever reason that, if, in fact, this property is vacated by them, it reverts back automatically free of charge to the City of Miami. Mayor Clark: All right. Mr. Gort. Commissioner Gort: Mr. Mayor, one of the things that I've done since I've been aboard here, I've being working with the School System in being able to provide affordable parks, City of Miami Parks educational and food programs for the kids sent to school to help them do the homework. My understanding is, hopefully, God willing, we will have this program in all our parks. I think that's a great collaboration we're getting from them. Mayor Clark: All right. Commissioner Dawkins: Mr. Mayor. Commissioner Gort: I would be against the amendment myself. Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Dawkins: I'm going to vote no. I've told the School Board over and over, we keep giving land, and every time I go to the School Board and ask for land, I don't get anything in return. We gave them... We closed five streets, Mr. Gort, for the School Board to build Northwestern High School. We asked for a plot of land on the side to put affordable housing on, and they told me no. Then they came back down and told me they needed a street closed someplace else. I said, OK, I'll go along with it, because you're going to build a new school. What was it? What is that new School? Buena... What was that? Santa Cla... What is the school on 2nd Avenue? No, I'm talking to the gentleman from the School Board. What's the school on 2nd Avenue? Mr. Michael Levine: This is about a month or several of months ago? Commissioner Dawkins: Yes. Mr. Levine: Santa Clara Elementary. Commissioner Dawkins: Oh, Santa Clara. All right. We closed the street for Santa Clara, because he knows, and I went along with it, the School is... If a school is needed anywhere in Miami, it's there. OK? 160 May 25, 1995 Mayor Clark: OK. So now, the School Board... See, now, I don't know what you're going to do, but I'm going to... Don't come back down here anymore for any street closures, unless you're going to give the City of Miami something in return. Vice Mayor Plummer: Well, Commissioner, you passed the PILOT. Commissioner Dawkins: That's right. Vice Mayor Plummer: And that will apply here that they have to give the City annually the like amount of money of what would be or could be produced by revenue from taxation. So all you have to say now, from now on out to any other nonprofit entity, if they get City property, number one, it has a reverter clause to the City, and number two, that they must make a like donation annually in whatever the taxes would have been. Mayor Clark: All right. Commissioner Dawkins: OK. Mayor Clark: Call the roll. Mr. Walter Foeman (City Clerk): I need a movement. Commissioner Dawkins: OK. Mr. Joel Maxwell (Deputy City Attorney): J.L., that doesn't do that. You need a clarification on the record. It doesn't really do that. Vice Mayor Plummer: Go to the PILOT. Mr. Maxwell: The PILOT doesn't do that. Commissioner Gort: I got a question. My understanding is... I can understand that, if it's a taxpaying property, but the roads does not pay taxes. Vice Mayor Plummer: No, it's not. It's any... Any governmental agency that, in fact, receives from the City, free of charge, that they will pay the equivalent of whatever. For example, Willy - and I hate to go through this - but if we sold this property outright, we would be getting taxes back for it. And that's the reason that you created the PILOT committee, was that 31 percent of your taxable base is tax-free, be it tax-exempt. And so all we're saying is, is that whatever that property would have brought us in, if we sold it to a private company or to a private sector, whatever those taxes are, this entity or any others would have to give a like amount so we can continue to provide municipal services. Mayor Clark: Call the roll. Mr. Foeman: I need a second, Mr. Mayor. Mayor Clark: I'm seconding it. Commissioner Dawkins: Second. Anybody... I second it, Mr. Mayor doesn't have to second it. Mr. Foeman: OK. 161 May 25, 1995 k" The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-432 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHWEST 3RD AVENUE LYING BETWEEN NORTHWEST 29TH STREET AND NORTHWEST 30TH STREET, (THE "PROPERTY") SAID ACTION BEING A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1469 "BUENA VISTA ELEMENTARY SCHOOL", SUBJECT TO THE FOLLOWING CONDITIONS: (A) IN THE EVENT THE USE OF THE PROPERTY AS A SCHOOL IS TERMINATED THE TITLE TO THE PROPERTY SHALL REVERT AUTOMATICALLY, WITHOUT COMPENSATION, TO THE CITY AND (B) ANNUAL PAYMENT TO THE P.I.L.O.T. PROGRAM OF THE CITY BY THE DADE COUNTY SCHOOL BOARD OF AN AMOUNT OF MONEY EQUAL TO THE AMOUNT OF TAXES WHICH WOULD HAVE BEEN GENERATED HAD THE TITLE TO THE PROPERTY REVERTED TO A PRIVATE TAXPAYER. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Dawkins: Before the gentleman leaves, will somebody in the Administration tell me why is it, for once, I sat down with the School Board, we decided, the School Board and the City, that we would go over to Range Park and resod Range Park behind Range... I mean... What's the name of the school over there? Edison Elementary. That we would resod Edison, and the School Board was going to provide people to... maintenance lawn personnel, and that was 14 months ago. And you could drive by there now, and no... The City of Miami or whoever was supposed to plant the grass has not planted it. Nobody knows where the sprinkler heads are. Can somebody in the Administration tell me why? Mr. Sergio Rodriguez (Assistant City Manager): No. But we will follow up with the Parks Department and see what happened there, sir, and I will get back to you. Commissioner Dawkins: Can we get... Mayor Clark: Get an answer back. Commissioner Dawkins: Well, somebody get with him and get this done before the summer starts, and the kids are out there trying to play, and we got the park all squared up. Would you get with somebody and get that done, sir? 162 May 25, 1995 Mayor Clark: Hurry up, because summer is about over. Mr. Levine: Could I ask for one clarification though, Commissioner? Commissioner Dawkins: Yes. Mr. Levine: I'm sorry. The nature of the vote that was just taken is subject to those two conditions and no others? Commissioner Dawkins: Mm-hmm. Yes. Mayor Clark: All right? Commissioner Dawkins: OK. ----------------------------------------------------- ---------------------------------------------------------- 24. BRIEF COMMENTS CONCERNING APPEAL OF VARIANCE AT 2927 SHIPPING AVENUE. (See label 26) Mayor Clark: Call item 4. Appeal. Vice Mayor Plummer: Is there anybody here? Mayor Clark: Is there anybody here on item 4? Commissioner Dawkins: I move that the model area... the Administration's recommendation to deny. [AT THIS POINT, THIS ITEM WAS TABLED. SEE LABEL 26.] ---------------------------------------------------------------------------------------------------------------- 25. (Continued discussion) BRIEF ADDITIONAL COMMENTS CONCERNING CLOSURE OF PORTION OF N.W. 3 AVENUE BETWEEN N.W. 29 AND 30 STREETS. (See label 23) Mr. Sergio Rodriguez (Assistant City Manager): Mayor Clark, there are some people here from Buena Vista that... Mayor Clark: Well, wait a minute. I'm here on item number 4. Mr. Rodriguez: I know. On item number 3, the lady was approaching me now saying that she would like to speak on the issue, on PZ-3. Commissioner Dawkins: OK. Let her speak. Mayor Clark: On item 3. 163 May 25, 1995 Ms. Lucille Pereira: Thank you. Good afternoon. Vice Mayor Plummer: Are you opposed to it, ma'am? Ms. Pereira: No, sir. I'm the principal of Buena Vista Elementary, and I have... Vice Mayor Plummer: Well, we've already passed it. Mr. Rodriguez: It's approved. Ms. Pereira: OK. Mayor Clark: It's already been passed. Ms. Pereira: I just wanted to show you something. The community took the time to sign the petitions. I have 450 signatures. All I want to do is... Mayor Clark: Let the Mayor have those. Ms. Pereira: ... give it to you so you know how the community supports the City of Miami. Vice Mayor Plummer: Thank you. Commissioner Dawkins: And we just supported the community by closing the streets. Ms. Pereira: Thank you. Mayor Clark: Father, you sat there and didn't hear this at all? You win. ---------------------------------------------------------------------------------------------------------------- 26. (A) (Continued discussion) DENY VARIANCE FROM ZONING ORDINANCE (11000), ARTICLE 9, SECTION 908.11.2, VISION CLEARANCE AT INTERSECTIONS, SUBSECTION 908.11.2.2, AT INTERSECTIONS OF DRIVEWAYS WITH STREETS, R-2 TWO- FAMILY RESIDENTIAL, PERMITTED USES -- TO ALLOW CONSTRUCTION OF AN EIGHT FOOT CBS WALL (WITH VISIBILITY TRIANGLE OF ZERO) AT 2927 SHIPPING AVENUE (ZONED R-2 TWO-FAMILY RESIDENTIAL). (Applicant / Appellant: Gary L. & Anne S. Baumgartner.) (See label 24) (B) REQUEST PLANNING DEPARTMENT TO CHANGE RULES / REGULATIONS IMMEDIATELY TO PREVENT FUTURE APPLICATIONS TO CONSTRUCT WALLS AT INTERSECTIONS OF DRIVEWAYS WITH STREETS WITH A VISIBILITY TRIANGLE OF ZERO. Mayor Clark: Item number 4. Ms. Lourdes Slazyk: PZ-4 is... Commissioner Dawkins: Is there anybody here to speak against this? 164 May 25, 1995 Vice Mayor Plummer: For or against. Commissioner Dawkins: OK. Ms. Slazyk: The Department is against it. Commissioner Dawkins: OK. What's the recommendation of staff? Ms. Slazyk: We recommend denial of the variance, denial of appeal. Commissioner Dawkins: I move the recommendation of staff. Vice Mayor Plummer: Well, wait. Are we going to hear... Commissioner Dawkins: Go right ahead, Mr. City... Joel Maxwell (Assistant City Attorney): It's a public hearing, Mr. Commissioner. You should hear the applicant. Mayor Clark: Well, we asked if anybody wanted to speak to it. Commissioner Dawkins: I asked if anybody wanted to speak. Mr. Maxwell: There's a gentleman right there. Commissioner Dawkins: OK. Come right ahead, sir. Ms. Slazyk: This is a request for a variance of a visibility triangle at 2927 Shipping Avenue. The Department recommends denial for the variance, based on the fact that a reduction of the visibility triangle will create a very dangerous situation for potential vehicular and pedestrian conflicts along the front of the property. There is no hardship to justify this variance, especially since there are alternate solutions. Instead of doing a solid wall up for six to eight feet, you could do a combination wall with aluminum picket fence, which allows for visibility and security of the property. Therefore, we recommend denial. It's a very dangerous situation. Mayor Clark: Where do you stand on this issue, sir? Are you the petitioner? Mr. Gary Baumgartner: Sir, I am the property owner there. And, of course, I want the wall to be solid, not an open grille that people can look through. i Commissioner Dawkins: Pull the mike to you, sir, please. OK. i Mayor Clark: Give us your name for the record, please, sir. Mr. Baumgartner: My name is Gary Baumgartner. j Mayor Clark: Yes, sir. Mr. Baumgartner: We're asking for this variance based on our belief that the only way we will have security in that property, in that area, is to have a solid wall, not one that is open to either view or people climbing over it very easily, as they can, with any wrought iron grille work that's in a wall like this. Mayor Clark: All right. 165 May 25, 1995 Mr. Baumgartner. Our pictures that I have here show, contrary to what the City Department says, that the vehicle can exit this wall. Mayor Clark: Let's see the pictures. Mr. Baumgartner: Yes, sir. Mayor Clark: Let's see the pictures. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Vice Mayor Plummer: You've got to be on the record, sir. Mayor Clark: Oh, well, don't you think he's gotten on record enough? Mr. Baumgartner: The other two pictures are the properties across the street from us where we have five addresses that all have solid walls with no visibility triangles. We are not asking for anything that has not been granted to our neighbors in the area. We are not changing the scope of the walls in the area. Mayor Clark: All right. I i Mr. Baumgartner: We do have a horrendous crime problem in the area. Commissioner Dawkins: One question, sir. What they are asking for has been granted to his neighbors? Mr. Sergio Rodriguez (Assistant City Manager): Not that I'm aware of. I believe that some of the neighbors might have been building things without a permit. Vice Mayor Plummer: Joe? Mr. Rodriguez: What we have been made aware of by the Law Department is that we have several challenges legally that by permitting things in other parts of the City, we have been going to court and being sued, and we have been affected by this, and maybe Mr. Maxwell can tell you about this. Mr. Maxwell: Yes. Mr. Mayor and Commissioners, our experience has been of late that the City has been found liable or the potential for being found liable in cases where we have allowed intrusions of this type into the visibility triangle. Although it might have occurred in the past, and the City might have approved it, our experience now would lead us to conclude that that is a bad idea. And the City Attorney's Office intends to recommend to the Planning staff that they bring an amendment to you that would preclude any variances of that type. So we would recommend that you follow the Planning Department's recommendation and the Zoning Board's i recommendation in denying this variance and any in the future on visibility triangle intrusions. Mayor Clark: Give me a motion. Commissioner De Yurre: Mr. Mayor, if I may ask a question. Mayor Clark: All right. Commissioner De Yurre: There's other properties here that have done this. Now, you're saying they don't know if they did it with a permit or without a permit. 166 May 25, 1995 Mr. Rodriguez: I couldn't answer that, no. Commissioner De Yurre: Don't you think that that would be something that you should have checked out before you came here with this item today, so that we have an idea of what's been going on in the area? Mr. Rodriguez: Let me see if... Commissioner De Yurre: Because if it's done without a permit, then I just vote against this, and that's the end of that. But if they've been getting a permit to do it, then that's a different ball game, in my estimation. Mr. Rodriguez: Let me get... Yeah. Let me get the NET (Neighborhood Enhancement Team) Administrator, which is the one handling that part of the issue, and I... I couldn't give you an answer. I thought she might be here. Commissioner De Yurre: Why don't we defer this thing so they can go out and look at it. Ms. Slazyk: They've going to check if she's here. Mr. Rodriguez: She's coming now. Huh? Mayor Clark: Why don't we defer this thing. We... I'll go out and look at it myself. Vice Mayor Plummer: Well, is that really the question? I mean the question... Mayor Clark: Well, Victor has a point, though, J.L. If they approved it before, how can we turn them down now? Vice Mayor Plummer: Well, you can always change the rules, Mr. Mayor. Commissioner Dawkins: But the City Attorney has a point, also. Mayor Clark: Yes, he does have a point. Commissioner Dawkins: And the Mayor is correct. Let's go out and see if it's others out there. Then we have to vote that they be removed also. Mr. Maxwell: Mr. Mayor, I don't think you could... If they rightfully got the variances that they have there now, they would be grandfathered in. The City would have very... It would be almost impossible for us, if they were properly there, to have them removed. And even if the City has properly issued permits in the past for those, and his neighbors have them now, the situation is that the conditions have changed because of the experiences we've had, and you would be totally within your rights to deny this application. Mayor Clark: Well, give me a motion, give me a motion. Somebody give me a motion. Commissioner Gort: I move to deny the appeal. Mayor Clark: You move to uphold the Planning Advisory Board's recommendation, right? Commissioner Gort: Right. 167 May 25, 1995 V -. Ms. Slazyk: The Zoning Board. Mayor Clark: Call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-433 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 908.11.2, VISION CLEARANCE AT INTERSECTIONS, SUBSECTION 908.11.2.2, AT INTERSECTIONS OF DRIVEWAYS WITH STREETS, R-2 TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO ALLOW THE CONSTRUCTION OF AN EIGHT FOOT (8') CBS WALL WITH A VISIBILITY TRIANGLE OF 0%0" (10'-0" REQUIRED ON BOTH SIDES) FOR THE PROPERTY LOCATED AT 2927 SHIPPING AVENUE, MIAMI, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NAYS: Mayor Stephen P. Clark ABSENT: None. Vice Mayor Plummer: Now, Mr. Mayor, I'll make a motion at this time that the Planning Department be recommended to change the rules and regulations immediately, as soon as possible, to prevent this from being a variance, or in any way being an application in the future. I so move. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. 168 May 25, 1995 5,� The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-434 A MOTION REQUESTING THE PLANNING DEPARTMENT TO CHANGE THE RULES AND REGULATIONS AS SOON AS POSSIBLE TO PREVENT FUTURE APPLICATIONS FOR WALLS AT INTERSECTION OF DRIVEWAYS WITH STREETS WITH A VISIBILITY TRIANGE OF ZERO. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 27. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ATLAS -- CHANGE DESIGNATION AT 2728 S.W. 12 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO O OFFICE. (Applicant: Francisco T. Valdes.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: On to item number 5. Vice Mayor Plummer: Is there anyone here speaking opposed to 5? Let the record reflect no one came forth. It is the second reading. Mr. Mayor, I will move it. Mayor Clark: Is there a second? Commissioner Gort: Can I ask a question, Mr. Mayor? Would it affect the architect any if we had the east side one foot maintained residential, to avoid any scaling into the neighborhood, into the residential area? Unidentified Speaker: No, I don't mind one foot. Commissioner Gort: Can the maker of the motion add that to his motion? Mayor Clark: All right. Read the ordinance. Vice Mayor Plummer: One foot? Commissioner Gort: Yeah. Vice Mayor Plummer: OK. 169 May 25, 1995 k- Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO O OFFICE FOR THE PROPERTY LOCATED AT 2728 SOUTHWEST 12TH STREET, MIAMI, FLORIDA EXCEPT FOR A 1' STRIP ALONG THE EASTERN BOUNDARY LINE; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 40 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of May 19, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11265. 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. --------------------------------------------------------------------------------------------------------------- 28. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 5600-5664 W. FLAGLER STREET FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL, WITH PROVISOS. (Applicant: Joseph & Karen Lawrence, owners.) Mayor Clark: Item number 6. Vice Mayor Plummer: Did we work something out on a compromise here? Thank God. Hey, I told you it could work. No one here is in opposition? The City Attorney has the conditions, I'm sure, that were the area of compromise. Mr. Sergio Rodriguez (Assistant City Manager): We had a meeting with them, as you instructed us, and there are three points that we agree at the meeting. 170 May 25, 1995 k. Vice Mayor Plummer: Read them quick. Mayor Clark: Did they agree to it? Mr. Rodriguez: Yes, I believe they agreed. The only thing that I want to clarify, one of them in your package says that the changes of the covenant will be subject to my approval, and I believe that is incorrect. I cannot change a covenant that has been approved by you. You cannot delegate that authority, so this is... Vice Mayor Plummer: Well, I would say that "subject to your approval" means that everything is contained in there that they agreed to. Mr. Rodriguez: No. In the future, if they want to change the covenant, they have to come back to the City Commission for approval. That's my point. Vice Mayor Plummer: Oh, to change it. All right. Mr. Rodriguez: Other than that, the three conditions which are in the package on page number 3, which means... It reads that the site plan and the signage of the proposed improvement will be reviewed and approved by the Planning Department; and that there will be a covenant to allow the City Commission to notify all property owners within a radius of 375 feet prior to the change made by the Commission in the future, if any; and third, that the Lawrences will request on the Commission of today that there will be a no parking sign installed in the alley so there will be a restriction of parking between the hours of twelve midnight and six a.m. Mayor Clark: Call the roll... Read the ordinance. Vice Mayor Plummer: Move it. Mr. Joel Maxwell (Deputy City Attorney): We also ask that they have executed documents to the City Attorney's Office within 30 days, Mr. Mayor. Mayor Clark: You understand? Vice Mayor Plummer: The State Attorney's Office? Mr. Maxwell: The City Attorney's Office in 30 days. Vice Mayor Plummer: Oh. Mayor Clark: Read it. Call the roll. 171 May 25, 1995 k I An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT 5600-5664 WEST FLAGLER STREET, BY CHANGING THE LAND USE DESIGNATION FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of May 1, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11266. 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. ---------------------------------------------------------------------------------------------------------------- 29. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ATLAS -- CHANGE DESIGNATION AT 5600-5664 W. FLAGLER STREET FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL, WITH PROVISOS. (Applicant: Joseph & Karen Lawrence.) Vice Mayor Plummer: Seven, it says also related. I move 7. Mayor Clark: Any changes in that? Mr. Sergio Rodriguez (Assistant City Manager): No. Actually, the changes relate to number 7, sir. Mayor Clark: All right. Commissioner Gort: Second. Mr. Joel Maxwell (Deputy City Attorney): One foot. Mr. Rodriguez: And minus one foot on the... number 7. Remember, that was discussed before. 172 May 25, 1995 Vice Mayor Plummer: That's part of it. Mayor Clark: All right. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 5600-5664 WEST FLAGLER STREET, MIAMI, FLORIDA, EXCEPT FOR A V STRIP ALONG THE NORTHERN, SOUTHERN, EASTERN AND WESTERN BOUNDARY LINES; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 31 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of May 1, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11267. 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. Mr. Lawrence: Thank you. 173 May 25, 1995 ---------------------------------------------------------------------------------------------------------------- 30. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE 10.544) FUTURE LAND USE MAP TO CHANGE LAND USE DESIGNATION AT 2725 N.W. 6 STREET FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: G. Palbicke & Fiduciary Trust Int. of the South & H. Tannen, trustees.) Mayor Clark: Item number 8. Mr. Robert Lavernia: Items number 8 and 9 are companion items. It's petition for a land use change and zoning change. Vice Mayor Plummer: Can I see that on the map, please? Where is it? Commissioner Gort: It's right off 7th Street and 27th Avenue. Commissioner Dawkins: Is there anyone in the public who wants to be heard on this? Mayor Clark: Item number 8. Vice Mayor Plummer: It's on 6th Street. How far in from the avenue? Mayor Clark: Are you in favor, or are you in opposition? Mr. Edward Schack: I'm in favor, Your Honor. Commissioner Dawkins: All right. Who's opposed? Vice Mayor Plummer: May I ask a question? Ms. Maria Luisa Herrera: We're against it. Commissioner Dawkins: You're opposed. Mayor Clark: Well, let the applicant make his presentation first. Vice Mayor Plummer: Would you show me, please, on the map, how far in this subject property is. Which lots? Mr. Sergio Rodriguez (Assistant City Manager): It's the one adjacent to the alley, which is adjacent to the commercial zoning which is on 27th Avenue. Vice Mayor Plummer: It's just one lot? Mr. Rodriguez: It's one lot that they want to change from residential to commercial. Vice Mayor Plummer: All right. But now, what... Oh, on the top side it is already commercial. Mr. Rodriguez: It's already commercial because it's facing Northwest 7th Street. 174 May 25, 1995 k, i Vice Mayor Plummer: Yeah. Are you recommending denial? Mr. Rodriguez: We're recommending denial. Vice Mayor Plummer: OK. Mayor Clark: Give us your name and address for the record. Mr. Edward Schack: I'm Edward Schack, 1320 South Dixie Highway in Coral Gables. Mayor Clark: All right. Mr. Schack: I'm speaking on behalf of the owners of the property. The owners of the property own all of those lots that are shown in green. The lots along Northwest 7th Street and the commercial lots along 27th Avenue. The lot in question is a vacant lot behind a commercial strip of stores. The lot has been vacant for some time. It attracts refuse, it attracts vagrants, it's a problem for the owner, as well as for the surrounding community, and that's why we're here making this application. First of all, the lot's zoned residential right now, and it can't really be built. There's not going to be a house on it. So what we propose to do is to put a parking lot on it. And... Vice Mayor Plummer: What's on that corner now? Mr. Schack: The corner on 27th Avenue... In fact, 27th Avenue, the entire block is a strip store, strip mall. Vice Mayor Plummer: Isn't there a grocery store there? Mr. Schack: I believe there is a grocery store as one of the tenants. Vice Mayor Plummer: On this corner. Mr. Schack: I'm not sure exactly where it is. I think it is the northeast corner, Commissioner. Vice Mayor Plummer: OK. Mayor Clark: All right. Mr. Schack: By the way, the widening of 27th Avenue has caused a need for additional parking, as well. So what we want to do is pave the lot, put a greenway around it, and transform an eyesore into something that, one, would create a buffer for commercial intrusion. Mayor Clark: Can you condition commercial zoning for parking only? Mr. Schack: Well, we propose a covenant. Mr. Rodriguez: He can proffer a covenant, if he were to do it, saying that they would use it for parking only. Mayor Clark: Let's hear from the people here that want to... are opposed to this. Mr. Schack: If I could reserve, Mr. Mayor. 175 May 25, 1995 Mayor Clark: You'll get a chance. Give us your name and address, please. Ms. Maria Luisa Herrera: My name is Maria Luisa Herrera, and I live at 4331 Southwest 2nd Terrace. I'm speaking on behalf of the neighbors of that. neighborhood. I used to live there. My mother still lives in that block, and that's why... If you can see, we passed around some... the letter from the neighbors of the area, and also there are some signatures attached, and we stated the reasons why we feel that a parking lot in that corner would not be advisable at this point. It is all in the letter in front of you. There was... Let me mention that before - the lot is now vacant - but before, it used to be a residential - I mean, a residence there, and it was torn down. The commercial area is in the back facing 7th Street, and we're aware of that. But that part of the street, 6th Street is a residential area. It's an old neighborhood, it is well upkept. The neighbors in there have been living there for a long, long time, and they want to keep it like that. And there is very well... You know, another residence can go up there. Our City is growing, and we need more houses, so I don't see any reason why, you know... Mayor Clark: Thank you, ma'am. Ms. Herrera: Thank you. Mayor Clark: All right. You've got a moment of rebuttal here, sir, and then we'll come to a decision. Mr. Schack: Let me make just a couple of points. One, there's not going to be a residence there. It's not economically feasible to build one. Two, what we're creating here is a buffer with landscaping between residential and commercial areas. Most of the time, you're just going to have air. The covenant forbids construction of any commercial structure. And I think, with the covenant, I think we're really helping the neighborhood. It's unfortunate that we haven't gotten the message across, although we've tried. Thank you very much. Mayor Clark: All right, sir. Fine. The public hearing is closed. Pleasure? Vice Mayor Plummer: I move... Commissioner De Yurre: Mr. Mayor, I used for a couple of years right around that area, and right along this lot and up and down the streets, there is an alley that separates the residential area from the business area, so there's a physical divider that goes along there. I think that this would be an intrusion on to the west side, which is where you have the residential, and I would move to uphold the recommendation of the board in denying this. Mayor Clark: Denying. Is there a second? Vice Mayor Plummer: Oh, second. Mayor Clark: Call the roll. Mr. Walter Foeman (City Clerk): It's an ordinance. Mayor Clark: You got to read the ordinance? Mr. Foeman: I'm sorry. No, it's a motion. Mr. Joel Maxwell (Deputy City Attorney): It's a motion to deny. Mr. Foeman: Yes. I'm sorry. 176 May 25, 1995 The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 95-435 A MOTION TO DENY AGENDA ITEM PZ-8 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 2725 N.W. 6 STREET FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: I've got to ask a question. De Yurre, you lived all over this City. Last I heard, you lived at the Orange Bowl. Commissioner De Yurre: That's how I know it so well. Vice Mayor Plummer: Oh, yeah, OK. Yeah, I vote yes. Commissioner Gort: See, as a kid, he used to ride his bicycle, and he still runs around, so he knows. I vote yes. My suggestion to you is the Republic Bank has got a lot, parking lot right on 7th street, which is about one fourth used. Maybe you can make a deal with the Republic Bank to use their parking space. Commissioner Dawkins: Well, I've never lived there, but I may live there next week, if they let me, so I vote yes. COMMENTS MADE AFTER ROLL CALL: Mayor Clark: The item has been denied. 177 May 25, 1995 N ---------------------------------------------------------------------------------------------------------------- 31. DENY PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 ATLAS TO CHANGE DESIGNATION AT 2725 N.W. 6 STREET FROM R-1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: G. Palbicke & Fiduciary Trust Int. of the South & H. Tannen, trustees.) Commissioner De Yurre: Move to deny number 9, Mr. Mayor. Mayor Clark: On item number 9. Vice Mayor Plummer: Second. Mayor Clark: Same situation, Mr. Schack. Motion is to deny it, and there's a second. Commissioner Dawkins: Second. Mayor Clark: Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 95-436 A MOTION TO DENY AGENDA ITEM PZ-9 (PROPOSED FIRST READING ORDINANCE TO AMEND THE ZONING ATLAS OF ORDINANCE 11000 AT APPROXIMATELY 2725 N.W. 6 STREET FROM R-1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Thank you for coming down. Both items have been denied. Thank you, folks, for being here. 178 May 25, 1995 k, ---------------------------------------------------------------------------------------------------------------- 32. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ATLAS -- REMOVE THE PRIMARY PEDESTRIAN PATHWAY DESIGNATION FROM PORTIONS OF: (1) MARY STREET BETWEEN FLORIDA AVENUE AND OAK AVENUE, (2) OAK AVENUE BETWEEN RICE STREET AND MARY STREET, COCONUT GROVE. (Applicant: Planning, Building & Zoning Dept., as requested by Off -Street Parking Dept.) Mayor Clark: Item 10. Vice Mayor Plummer: Is this for the new parking garage? Ms. Lourdes Slazyk: Right. It's to remove the... Vice Mayor Plummer: Move it. Commissioner Gort: Second. Commissioner Dawkins: New parking garage. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Mayor Clark: All right. Commissioner Dawkins: It's going to put a parking garage for how many cars? Vice Mayor Plummer: They're not sure yet, I don't believe. How many cars? Mr. Clark Cook: Sixty-seven, to be exact. Mayor Clark: All right. Vice Mayor Plummer: But more importantly, we get rid of those four coke dealers that operate off that corner. Mr. Sergio Rodriguez (Assistant City Manager): This is the first one of the parking garages that will be built with the Park Improvement Trust Funds from the Grove that you approved. Mr. Cook: Yeah. The parking... Mayor Clark: Motion and a second. Call the roll. Vice Mayor Plummer: Did you read it? Mr. Joel Maxwell (Deputy City Attorney): Yes. 179 May 25, 1995 I I- ,S An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, BY REMOVING THE PRIMARY PEDESTRIAN PATHWAY DESIGNATION FROM THOSE PORTIONS OF MARY STREET, LOCATED BETWEEN FLORIDA AVENUE AND OAK AVENUE; AND FURTHER BY REMOVING THE PRIMARY PEDESTRIAN PATHWAY DESIGNATION FROM THOSE PORTIONS OF OAK AVENUE, LOCATED BETWEEN RICE STREET AND MARY STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. ---------------------------------------------------------------------------------------------------------------- 33. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401 -- ALLOW CONTAINER YARDS AS A CONDITIONAL PRINCIPAL USE IN THE I -INDUSTRIAL ZONING DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY -- ADD NEW SECTION 942 (CONTAINER YARDS) TO IDENTIFY / SPECIFY LIMITATIONS / CONCERNS ASSOCIATED WITH THE USE -- AMEND SECTION 2502 TO DEFINE CONTAINER YARDS. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item number 11. It's after five. Mr. Joe McManus: PZ-11 is a second reading ordinance. It makes a conditional use... Commissioner Dawkins: Anybody here to speak against it? Anybody... I move it on the second reading. Vice Mayor Plummer: Well, excuse me. Mr. Mayor, are we getting back into a Buena Vista scenario? Mr. Joe McManus: This deals with the Buena Vista container yard. Vice Mayor Plummer: OK. But what I'm saying is, you know, are there rules and regulations when these are allowed, even in an industrial area, that they've got to have landscaping... 180 May 25, 1995 k__ Mr. McManus: We've got the whole nine yards in here. Vice Mayor Plummer: ... they've got to keep down the dirt... Mr. Sergio Rodriguez (Assistant City Manager): All of that is there. Vice Mayor Plummer: All of that is there. Mr. McManus: All is there. Mr. Rodriguez: Right. Vice Mayor Plummer: OIL. Mr. McManus: All spelled out. Vice Mayor Plummer: I'll move it, Mr. Mayor. Mayor Clark: It's been moved. You going to second? Vice Mayor Plummer: Second it. Mayor Clark: Read the ordinance. OK, call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401 TO ALLOW "CONTAINER YARDS" AS A CONDITIONAL PRINCIPAL USE IN THE I -INDUSTRIAL ZONING DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY; BY ADDING A NEW SECTION 942, ENTITLED "CONTAINER YARDS," TO IDENTIFY AND SPECIFY LIMITATIONS AND CONCERNS ASSOCIATED WITH THE USE; AND AMENDING SECTION 2502 TO DEFINE "CONTAINER YARDS"; 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 May 1, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Dawkins, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11268. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 181 May 25, 1995 ---------------------------------------------------------------------------------------------------------------- 34. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401 -- CLARIFY LIST OF PERMISSIBLE USES WITHIN C- 2 LIBERAL COMMERCIAL ZONING DISTRICT -- AMEND SECTION 906 TO ADD LANGUAGE REGARDING ALLOWABLE SIZES OF ACCESSORY STRUCTURES -- AMEND SECTION 915 TO LIMIT OVERALL HEIGHTS OF BUILDINGS WITHIN R-1 AND R-2 ZONING DISTRICTS -- AMEND SECTION 917 TO ADD LANGUAGE REGARDING ALLOWABLE PARKING MANEUVERS WITHIN RESIDENTIAL DISTRICTS -- AMEND SECTION 2502 TO PROVIDE DEFINITION AND METHOD OF CALCULATION FOR BUILDING HEIGHT. (Applicant: Planning, Building & Zoning Dept.) Commissioner Dawkins: Item 12 is approved by the Administration. Anybody here to speak against it? I move it. Mayor Clark: Is there a second? Vice Mayor Plummer: Second. Mayor Clark: Read the ordinance. Vice Mayor Plummer: Let him sweat. Commissioner Gort: We vote against it. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, TO CLARIFY THE LIST OF PERMISSIBLE USES WITHIN THE C-2 LIBERAL COMMERCIAL ZONING DISTRICT; BY AMENDING SECTION 906 TO ADD LANGUAGE REGARDING ALLOWABLE SIZES OF ACCESSORY STRUCTURES; SECTION 915 TO LIMIT OVERALL HEIGHTS OF BUILDINGS WITHIN R-1 AND R-2 ZONING DISTRICTS; SECTION 917, TO ADD LANGUAGE REGARDING ALLOWABLE PARKING MANEUVERS WITHIN RESIDENTIAL DISTRICTS; AND BY AMENDING SECTION 2502 TO PROVIDE A DEFINITION AND METHOD OF CALCULATION FOR "BUILDING HEIGHT”; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 182 May 25, 1995 k, passed on its first reading, by title, at the meeting of May 1, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Dawkins, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11269. 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. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT -- AMEND SECTION 608, SD-8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT -- ALLOW OUTDOOR PHOTOGRAPHIC STAGE SETS AS A CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT -- AMEND SECTION 2502 TO DEFINE OUTDOOR PHOTOGRAPHIC STAGE SETS. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item 13. Mr. Joe McManus: Item 13 is a second reading ordinance. It allows outdoor photographic stage sets in the SD-9 Design District. Vice Mayor Plummer: OK. Mr. Mayor... Mayor Clark: Moved and seconded. Vice Mayor Plummer: So be it, but let me discuss this. Is there a limit to how many locations they can use in a given year? These are temporary, right? I Mr. McManus: This... They would own the property, and they would be... i Vice Mayor Plummer: Oh, these are permanent? Mr. Sergio Rodriguez (Assistant City Manager): Permanent. Mr. McManus: Mm-hmm, yeah. Vice Mayor -Plummer:- Oh,- OK. They're_ not the temporary ones. - Because let me tell you; thbre's-one house in my neighborhood- that's continuously getting... being used for commercials, -183_ May 25, 1995 ''A and my neighbors are getting a little uptight about it, so, but if this is permanent, that's no problem. Mayor Clark: All right. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 608, "SD-8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT," TO ALLOW "OUTDOOR PHOTOGRAPHIC STAGE SETS" AS A CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT; BY AMENDING SECTION 2502 TO DEFINE "OUTDOOR PHOTOGRAPHIC STAGE SETS"; 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 May 1, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11270. 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. DENY PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TEXT, (1) ARTICLE 6, SECTION 607, BY ADDING HELISTOPS AS A CONDITIONAL ACCESSORY USE BY SPECIAL EXCEPTION ONLY WITHIN SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL ZONING DISTRICT, AND (2) ARTICLE 9, SECTION 933 TO INCLUDE THIS SPECIAL DISTRICT. (Applicant: Planning, Building & Zoning Dept.) Commissioner Dawkins: Item 14, what's the recommendation of staff? Mayor Clark: Approval. Ms. Lourdes Slazyk: The Department is recommending approval. This is to add... Commissioner Dawkins: I so move with the staff's approval. 184 May 25, 1995 Mr. Sergio Rodriguez (Assistant City Manager): I want to put something on the record, though. I don't have a copy here. I understand that Mr. Bermello was going to send a letter in opposition to this ordinance. Commissioner Gort: Helistop. Vice Mayor Plummer: Who sent a letter? Mayor Clark: Are you on this one? Ms. Lucia Dougherty: Yes, sir. Mr. Rodriguez: Mr. Bermello, asking to put it on the record. Vice Mayor Plummer: Well, I'll tell you... Commissioner Dawkins: What is your recommendation? Mr. Rodriguez: We recommend approval anyhow. Commissioner Dawkins: Oh, OK. Mayor Clark: I hate to vote against this. Ms. Dougherty: Mr. Mayor, members of the Commission, my name is Lucia Dougherty. I'm with law offices at 1221 Brickell Avenue. I'm here today representing Brickell on the River, Inc., which is a subsidiary of Pacific Equities, who has purchased the property immediately west of the subject property, which is the Customs Building that wants this helicopter pad on it. We have submitted a major use special permit for five hundred and thirty-eight residential units, three hundred and fifty hotel units. We think this is a wholly incompatible use with this district. There isn't another residential district in the City that you have this kind of conditional use permitted. We would ask your indulgence, and ask you to vote against this ordinance, and not pass it. You're just walking into a situation where you... Mayor Clark: You're not in favor of this? Ms. Dougherty: I am not. Mayor Clark: For the heliport back there? Ms. Dougherty: That's correct. Mayor Clark: I'm on your side for the first time. First time. You're right, because let me tell you what would happen. Any further development down in that area, any high-rise development would be taboo. Commissioner Dawkins: Well, for once, I'm voting with the administration. I think you are right. I don't own a helicopter, and I don't live in that area. Be my guest. Vice Mayor Plummer: Well, let me, Mr. Mayor, if I may. You know, we're putting in a heliport in here and a heliport there, and we're just going to have these things multiplying like rabbits for the convenience of these jet -setters. I think you just... All you're doing is creating a problem. I mean, it's a dangerous situation. 185 May 25, 1995 i,� t.. t11 ' Mayor Clark: Oh, it is, downtown especially. Vice Mayor Plummer: And as far as I'm concerned, if they can't land over on Watson Island... Mayor Clark: That's where they should land. Commissioner Gort: Or next to the river. Vice Mayor Plummer: You know... Mr. Rodriguez: But if I may add something. Over here, we've not approving this, right. They would have to apply for a special exception, and would have to come before the City Commission to get approval. Commissioner Gort: We don't want it. Vice Mayor Plummer: No, no. Mayor Clark: But don't get them that... Don't get them that far. Vice Mayor Plummer: No, no, no. i Mayor Clark: You're egging them on. Commissioner Gort: Don't even give it to them. Mayor Clark: I move to deny the petition. Vice Mayor Plummer: That's it, move to deny. Mayor Clark: Give me a second. Commissioner Dawkins: Willy seconded it. Mayor Clark: You second it, Willy? Commissioner Gort: Yes, sir. Mayor Clark: All right. Call the roll. 186 May 25, 1995 x - 'S The following motion was introduced by Mayor Clark, who moved its adoption: MOTION NO. 95-437 A MOTION TO DENY AGENDA ITEM PZ-14 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 IN ORDER TO ADD HELISTOPS AS A CONDITIONAL ACCESSORY USE BY SPECIAL EXCEPTION ONLY WITHIN THE SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL - RESIDENTIAL ZONING DISTRICT). Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Ms. Dougherty: Thank you very much. Vice Mayor Plummer: Who did I vote for that time? ---------------------------------------------------------------------------------------------------------------- 37. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT -- AMEND SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- ALLOW MAJOR SPORTS FACILITIES AS A CONDITIONAL PRINCIPAL USE WITHIN THE G/I GOVERNMENT AND { INSTITUTIONAL ZONING DISTRICT BY MAJOR USE SPECIAL PERMIT ONLY. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Fifteen. Fifteen. Ms. Lourdes Slazyk: PZ-15 is a request to amend the Zoning ordinance to allow major sports facilities as a conditional principal use in the GI (Government/Institutional) District by major use special permit. The GI District, the intent of the district is consistent with sports facilities of this nature, and by requiring a major use special permit, we ensure that they go through all the proper procedures regarding parking, and we were able to put conditions on them to... Vice Mayor Plummer: Is there any reason why this suddenly came up? Ms. Slazyk: This came as a request to the Department by the Department of Development regarding Virginia Key and the Marine Stadium on GI... Vice Mayor Plummer: I move it. Mayor -Clark: Is there a second? - 187 . May 25, 1995 Commissioner Gort: Second. Mayor Clark: Call the roll. I mean read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Commissioner Dawkins: What date are we meeting on, may I ask? Mayor Clark: June the 1st. Commissioner Dawkins: June the 1st. All right. That's what I needed to know. Mayor Clark: June the 1st. Vice Mayor Plummer: No, that was changed. The Mayor had a problem and we went back to the 1st. Commissioner Gort: Make it an easy agenda, will you? It's my anniversary. Mayor Clark: No, it's all right. We'll make it fast. Vice Mayor Plummer: Make it long. His... Mayor Clark: But this is not a bad day today, is it? Commissioner Dawkins: OK. Vice Mayor Plummer: Make it long. His wife don't want him home. Commissioner Dawkins: Did you call the roll yet? Mr. Walter Foeman (City Clerk): No. Commissioner Dawkins: Call the roll. 188 May 25, 1995 N An Ordinance entitled - AN ORDINANCE AMENDING ZONING ORDINANCE NO. 11000, BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW MAJOR SPORTS FACILITIES AS A CONDITIONAL PRINCIPAL USE WITHIN THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY MAJOR USE SPECIAL PERMIT ONLY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Before I vote and everybody runs helter-skelter, Mr. Mayor... Well, I got to... I can't do that. I vote yes. ---------------------------------------------------------------------------------------------------------------- 38. COMMISSION EXPRESSES ITS GRATITUDE AND THANKS TO JOSEPH W. McMANUS, DEPUTY DIRECTOR, PLANNING & ZONING DIVISION, FOR HIS YEARS OF INVALUABLE SERVICE TO THE CITY. Vice Mayor Plummer: Mr. Mayor, before everybody runs helter-skelter, I think it should be noted with pride that this is Joe McManus' last meeting. He is going to take advantage of the early retirement. Mayor Clark: Oh, Joey. Vice Mayor Plummer: And I think we should thank him for all that he has done for this City, this Community. As I said at his retirement lunch, when things get a little hectic up here, and blow out everything, he has always been the voice of reason. Mayor Clark: He brings them back to the ground. Vice Mayor Plummer: And I've appreciated him being here, and I wish him nothing but the very, very best. Mayor Clark: Congratulations, Joe. 189 May 25, 1995 k� Commissioner Dawkins: Enjoy your retirement. Commissioner Gort: Best of luck. Mr. McManus: Thank you. Thank you very much. Commissioner Gort: I'm sorry I missed your luncheon. It's one of the few that I missed. Mayor Clark: Yeah, a lot of us missed it. We're sorry we did. Vice Mayor Plummer: Couldn't afford it. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:15 P.M. ATTEST: Walter Foeman ASSISTANT CITY CLERK Stephen P. Clark MAYOR 190 May 25, 1995 k,