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Home My WebLink AboutCC 1995-09-14 MinutesCITY OF X' ti f•s r ~T �` � OF 1+ O ING HELD ON B ER 14 19 9 5 REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK ciTY HALL m WALTER J. F©EMAN CITY CLERK ITEM SUBJECT NO. INDEX MINUTES OF REGULAR MEETING September 14, 1995 LEGISLATION PAGE NO. 1. CONSENT AGENDA -- MISCELLANEOUS DISCUSSION 2-6 COMMENTS ON CA-16, CA-21, CA-26, 9/14/95 i AND CA- 31. 1.1 ACCEPT BID: CASCADE DEVELOPMENT, R 95-602 7 INC. -- FOR FURNISHING BAR CODE SCANNER 9/14/95 DEVICES / ACCESSORIES -- FOR FIRE- ___.__ .. _... __. .... RESCUE DEPARTMENT -- ALLOCATE $8, 948 FROM CIP 313825. 1.2 ACCEPT BIDS: (1) JET'S FLORIDA R 95-603 7 OUTDOORS ($276.93); (2) SPORTSMASTER 9/14/95 ($6,350); AND (3) ACE HARDWARE SHELL j LUMBER ($266.85) -- FOR FURNISHING CAMP EQUIPMENT -- FOR FIRE -RESCUE DEPARTMW -- ALLOCATE $6,893.78 FROM CIP 313825. 1.3 ACCEPT BID: ZIP MAILER, INC. -- FOR R 95-604 8 FURNISHING MAILING SERVICES -- FOR 9/14/95 DEPARTMENT OF FINANCE / TREASURY MANAGEMENT DIVISION -- ALLOCATE $6,019 -- MUM SERVICE FOR TWO ADDITIONAL ONE-YEAR PERIODS AT SAME PRICE / TERMS / CONDITIONS, SUBJECT TO AVAILABILITY OF FUNDS. 1.4 ACCEPT BID: LEADER CORPORATION -- FOR R 95-605 8 FURNISHING / INSTALLATION OF PLAYGROUND 9/14/95 EQUIPMENT AT HENDERSON PARK -- FOR PARKS & RECREATION DEPARTMENT -- ALLOCATE $24,960 FROM CIP 331356. L 1.5 ACCEPT BID: LEADER CORPORATION -- FOR FURBISHING / INSTALLATION OF PICNIC TABLES AT VIRRICK PARK -- FOR PARKS & RECREATION DEPARIMM -- ALLOCATE $13,930 FROM CIP 331316. 1.6 ACCEPT BID: COMPLETE BUSINESS SYSTEMS -- FOR FURNISHING PLAIN PAPER COPIER AND AUTOMATIC FEEDER -- FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE $19,039. 1.7 ACCEPT BID: RANGE MANAGEMENT SERVICES -- FOR FURNISHING RANGE LEAD CLEANUP -- FOR POLICE DEPAR MWr -- ALLOCATE $23,950 FROM CIP 312019. 1.8 ACCEPT BID: LAWMEN'S & SHOOTERS SOUTH, INC. -- FOR FURNISHING TRUNK ORGANIZERS -- FOR POLICE DEPARTS= -- ALLOCATE $6,085.50. 1.9 ACCEPT BID: CENTRAL SAFETY -- FOR FURNISHING GAS MASK CANISTERS -- FOR POLICE DEPARTMENT -- ALLOCATE $5,178 . 1.10 RESCIND AWARD TO TRADE SERVICES -- FOR FURNISHING CUSTODIAL SERVICES TO POLICE SOUTH SUB -STATION AND OVERTOM MINI - STATION -- FOR FAILURE TO MEET CITY'S SPECIFICATIONS (BID 94-95-015M/WBE) -- RESCIND 95-114 -- AWARD BID: AFTER HOURS CLEANING SERVICE -- FOR DEPARTMENT OF FERAL SERVICES / SOLID WASTE -- ALLOCATE $19,691 (FOR BALANCE OF YEAR) -- OMM SERVICE FOR ONE YEAR AT $33,756, SUBJECT TO AVAILABILITY OF FUNDS. R 95-606 9 9/14/95 R 95-607 9 9/14/95 R 95-608 9 9/14/95 R 95-609 10 9/14/95 R 95-610 10 9/14/95 R 95-611 11 9/14/95 1.11 APPROVE, IN PRINCIPLE, DESIGNATION OF R 95-612 12 THE RAFAEL HERNANDEZ HOUSING AND 9/14/95 ECONOMIC DEVELOPMENT CORPORATION -- AS SPONSOR TO UNDERTAKE DEVELOPMENT OF 6 NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES / INDIVIDUALS OF LOW / MODERATE INCOME, ON 5 CITY -OWNED VACANT PARCELS IN ALLAPATTAH (SUBJECT TO CORPORATION PROVIDING ACCEPTABLE EVIDENCE OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING) -- DIRECT CORPORATION TO PREPARE / FINALIZE HOUSING PLANS / SPECIFICATIONS / CONSTRUCTION / PERMANENT FINANCING / CONSTRUCTION SC MULE FOR COMPLETION WITHIN 12 MONTHS -- ESTABLISH $40,465 AS THE REIMBURSEMENT AMOUNT TO BE PAID BY SPONSOR TO CITY FOR SAID PARCELS -- AUTHORIZE MANAGER TO EXECUTE APPROPRIATE LEGAL DOCUMENTS. 1.12 AUTHORIZE MANAGER TO MAKE. PURCHASE R 95-613 13 OFFERS / EXECUTE AGREEMENTS WITH OWNERS 9/14/95 OF 3 VACANT PARCELS WITHIN EDISON / LITTLE RIVER CODM4UNITY DEVELOPMENT TARGET AREA -- TOTAL PURCHASE PRICE $40,290 -- TO BE USED FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR IOW / MODERATE INCOME FAMILIES IN CONNECTION WITH SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM -- ALLOCATE FUNDS FROM CDBG PROGRAM (PROJECT 705214) -- AUTHORIZE MANAGER TO CLOSE ON SAID PARCELS AFTER EXAMINATION OF ABSTRACTS AND CONFIRMATION OF TITLE. 1.13 AUTHORIZE MANAGER TO ISSUE REVOCABLE R 95-614 14 PERMIT FOR FIVE YEARS WITH OPTION FOR 9/14/95 FIVE ONE-YEAR RENEWAL PERIODS (ANNUAL FEE $10,000) -- TO MCCAW ,COMMUNICATIONS OF FLORIDA, INC. -- FOR USE OF 192 SQUARE FEET OF ROOF TOP SPACE FOR INSTALLATION OF ANTENNAS AT POLICE DEPARTMENT GARAGE (400 NW 2 AVENUE). 1.14 ALLOCATE $40,600 FROM CDBG FUNDS R 95-615 14 (PROJECT 799602) -- FOR COMPREHENSIVE 9/14/95 CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM FOR COCONUT GROVE TARGET AREA. 1 1.15 CLAIM SETTLEMENT: ROSE FELTMAN R 95-616 15 ($25,000). 9/14/95 1.16 CLAIM SETTLEMENT: LINDA ROSALYN SMITH R 95-617 15 ($30,750). 9/14/95 1.17 CLAIM SETTLEMENT: DAVID RITCHEY R 95-618 15 ($35,000). 9/14/95 1.18 APPROVE ENGAGEMENT OF WEISS, SEROTA & R 95-619 16 HELFMAN, P.A. -- TO SERVE AS COUNSEL 9/14/95 j FOR COMMISSIONER VICTOR DE YURRE BEFORE ! U.S. DISTRICT COUNT FOR PRETRIAL LITIGATION SERVICES IN CONNECTION WITH CASE: GERALDO LOPEZ MORALES ET AL. v. CITY OF MIAMI, CESAR H. ODIO AND VICTOR DE YURRE (95-1584-CIV-MORENO) - i ALLOCATE $15,000 (INTERIM FEE). 1.19 AUTHORIZE MANAGER TO EYYECUTE AGREEMENT R 95-620 16 WITH: HOUSING OPPORTUI'�ITIES PROJECT FOR 9/14/95 EXC_A'.r LF'NCE, INC. ( HOPE) -- TO PROVIDE AN ADMINISTRATIVE GRANT ..($50,000) (PROJECT 799302) -- FOR IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT, EDUCATIONAL OUTREACH ACTIVITIES AND INVESTIGATION DISCRIMINATION COMPLAINTS WITHIN CITY'S HOUSING PROGRAMS FOR LOW / MODERATE INCOME PERSONS -- ALLOCATE FUNDS FROM UNEXPENDED 21ST YEAR CDBG. 1.20 ALLOCATE UNEXPENDED 21ST YEAR CDBG R 95-621 17 FUNDS ($100,000) -- FOR RENOVATION OF 9/14/95 THE HOPE CENTER BUILDING FACILITY (PROJECT 799404) AT 666 SW 4 STREET -- EXECUTE AGREEMENT WITH HOPE CENTER, INC. 1.21 AUTHORIZE MANAGER TO EXTEND CONTRACTS R 95-622 17 (AT SAME PRICE / TERMS / CONDITIONS) 9/14/95 WITH MARTIN'S LAMAR UNIFORMS -- FOR POLICE UNIFORMS AND LEATHER GOODS (TO SEPTIIMBER 30, 1996) . 1.22 AUTHORIZE MANAGER TO ENTER INTO MUIUAL R 95-623 17 AID AGREEMENT WITH FLORIDA CITY POLICE 9/14/95 I DEPARTMENT -- TO IMPLEMENT THE FLORIDA MUTUAL AID ACT PRDCRAM. __j 1.23 RATIFY MANAGER'S EMERGENCY ACTION IN R 95-624 18 DECLARING AN EXEMPTION FROM 9/14/95 PROHIBITIONS IN CODE SECTION 36-4(a) (NOISE ORDINANCE) -- IN CONNECTION WITH FEATURE LENGUH FILM: "THE SUBSTITUTE" -- AT MIAMI SENIOR HIGH SCHOOL. 1.24 RATIFY MAIV,GER'S ACTION IN ACCEPTING R 95-625 18 TEMPORARY DONATION OF: (1) HISTORICAL 9/14/95 MURALS DEPICTING GROWTH OF CITY OF MIAMI DURING ITS 100 YEAR HISTORY (FROM THE HISTORICAL MUSEUM OF SOUTH FLORIDA) -- TO BE DISPLAYED IN THE COMMITTEE OF THE WHOLE (C.O.W.) ROOM, CITY HALL, AND (2) SERVICES NECESSARY TO PROVIDE LIGHTING FOR SAID MURALS FROM MIAMI STAGE LIGHTING, INC. -- DISPLAY TO BE EXHIBITED AUGUST, 1995- DECENMBER, 1996. 1.25 CODESIGNATE NW 11 AVENUE FROM NW 14 R 95-626 19 STREET TO NW 14 TERRACE AS: BUONICONTI 9/14/95 DRIVE. 1.26 ACCEPT PLAT: LA PLAYA ESTATES. R 95-627 19 9/14/95 2. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE 19-20 SECTION 2-13 (ORDER OF BUSINESS AND 11293 RULES OF PROCEDURE) -- CHANGE 9/14/95 REQUIREMENT OF READING MINUTES AT COMMISSION MEETINGS -- CHANGE TIME ITEMS MAY BE SCHEDULED. 3. (A) RATIFY MANAGER'S FINDING OF R 95-628 21-23 EMERGENCY -- WAIVE SEALED BIDS -- 9/14/95 AUTHORIZE MANAGER TO ACCEPT LOWEST RESPONSIVE / RESPONSIBLE INFORMAL BID -- FOR CONSTRUCTION OF CITY STORM SEWERS AT NW 34 STREET AND NW 9 AVENUE, NW 29 AVENUE AND NW 36 STREET -- ALTACATE $130,000 FROM CIP 352295 -- EXECUTE CONTRACT. (B) COMMISSIONER DAWKINS REQUESTS MEETING WITH ADMINISTRATION TO REVIEW LACK OF SEWERS AND CURBS AT NW 17 TO 18 AVENUES AND NW 41 TO 54 STREETS AREA. (A, M 4. (A) DISCUSS AND DEFER FOR MORE DISCUSSION 23-31 INFORMATION AGENDA ITEMS 10, 11 & 12 9/14/95 CONCERNING THE GOOMBAY PLAZA PROJECT. (B) VICE MAYOR PUM ER REQUESTS THAT THE TIME CLOCK BE MOVED TO A MORE VISIBLE LOCATION FOR THE AUDIENCE. 5. RATIFY MANAGER'S FINDING THAT EMERGENCY R 95-629 31-32 NEED EXISTED -- WAIVE COMPETITIVE 9/14/95 SEALED BIDS -- APPROVE REPAIR OF THE AIR CONDITIONING SYSTEM AT FIRE STATIONS 1 AND 5, AND FIRE TRAINING FACILITY BY TOTAL AIR SERVICES, INC. -- ALSACATE $121,800 (FROM FIRE -RESCUE DEPAR'IIME'NT FY 1994-95 GENERAL FUND FIRE BUDGET AND HURRICANE ANDREW INSURANCE PROCEEDS). 6. AUTHORIZE NEGOTIATION OF $30,000,000 R 95-630 33-35 LOAN -- FROM THE SUNSHINE GOVERNMENTAL 9/14/95 FINANCING COMMISSION (1) TO REFUND CERTAIN OUTSTANDING OBLIGATIONS INCURRED TO FINANCE CERTAIN. CAPITAL IMPp,ovaa OPTS, AND (2 ) ACQUIRE / CONSTRUCT / ERECT CERTAIN OTHER CAPITAL IMPROVEMETI.'S -- APPROVE EXECUTION / DELIVERY OF LOAN AND TAX REGULATORY AGREEMENTS. 7. DISCUSS AND TEMPORARILY TABLE DISCUSSION 35-36 CONSIDERATION OF PROPOSED EMERGENCY 9/14/95 ORDINANCE TO ESTABLISH NEW SPECIAL REVENUE FUND: THE UNITY COUNCIL OF MIAMI (TUCOM). (See label 10 & 76) 8. BRIEF COMMENTS CONCERNING AGENDA ITEM DISCUSSION 36-38 19 (AILED 'n POLICE BRUTALITY. (See 9/14/95 label 27) 9. PRESENTATIONS, PROCLAMATIONS & SPECIAL DISCUSSION 39 ITEMS. 9/14/95 10. (A) (Continued Discussion) EMERGENCY ORDINANCE 39-42 ORDINANCE: ESTABLISH NEW SPECIAL 11294 REVENUE FUND: THE UNITY COUNCIL OF M 95-631 MIAMI (TUCOM) -- APPROPRIATE FUNDS 9/14/95 RECEIVED AS SPONSORSHIPS AND FINANCIAL SUPPORT FOR ORGANIZATION / DIRECTION / OPERATION OF SAID COUNCIL. (See label 7) (B) APPOINT WILLARD HART AND JAMES SIMMONS TO SERVE ON THE UNITY COUNCIL OF MIAMI (UrM). (See label 76) _j ME 11. EMERGENCY ORDINANCE: AMEND 11167, ORDINANCE 43-44 WHICH ESTABLISHED INITIAL RESOURCES / 11295 APPROPRIATIONS FOR SPECIAL REVENUE 9/14/95 FUND: OPERATION C.A.R.S. -- PROVIDE FOR INCREASE OF $44,546 AS RESULT OF SUCCESSFUL GRANT APPLICATION FROM FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY -- AUTHORIZE MANAGER TO EXECUTE NECESSARY DOCUMENTS. 12. EMERGENCY ORDINANCE: AMEND 10934, ORDINANCE 44-47 WHICH ESTABLISHED INITIAL RESOURCES / 11296 APPROPRIATIONS FOR SPECIAL REVENUE 9/14/95 FUND: DRUG FREE NEICHBORHOOD TASK FORCE -- PROVIDE FOR INCREASE OF $47,090 AS THE RESULT OF A SUCCESSFUL GRANT APPLICATION -- AUTHORIZE MANAGER TO EXECUTE NECESSARY DOCUMENTS. 13. EMERGENCY ORDINANCE: AMEND 11205 ORDINANCE 47-51 (CAPITAL IMPROVEMENTS ORDINANCE) -- 11297 ESTABLISH NEW CAPITAL PROJECT 311045: 9/14/95 MIAMI RIVERSIDE CENTER ACQUISITION -- APPROPRIATE $15,700,000. 14. DISCUSS AND TEMPORARILY TABLE DISCUSSION 51-53 CONSIDERATION OF PROPOSED EMERGENCY 9/14/95 ORDINANCE TO AMEND CODE ARTICLE IV CHAPTER 40 (PENSION AND RETIRIIMENT PLANS, DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST). (See label 30) 15. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 54-55 SECTIONS 35-91, 35-92, AND 35-93 -- 11298 CHANGE RATES AT CERTAIN ON -STREET 9/14/95 PARKING *METERS AND CERTAIN OFF-STREET LOTS -- CHANGE RATES AT MUNICIPAL PARKING GARAGES -- PROVIDE FOR RATE CHANGES TO BECOME EFFECTIVE OCTOBER 1, 1995 -- RATIFY ALL ACTS OF OFF-STREET PARKING BOARD AND ITS EXECUTIVE DIRECIOR AS TO RATES HERETOFORE CHAR® -- AUTHORIZE OFF-STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND INITIATE RATES FOR NEW FACILITIES DURING FY. L o- 16. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 55-56 CHAPTER 54.5 (SUBDIVISION 11299 REGULATIONS) -- SECTION 54.5-16 9/14/95 (VACATION AND CIMM OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT) -- CLARIFY PROCEDURE AND ESTABLISH A 3- YEAR PERIOD THAT COMMISSION APPROVAL OF A REQUESTED VACATION AND CUOSURE REMAINS VALID. 17. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 56-57 CHAPTER 54 (STREETS AMID SIDEWALKS), FIRST READING SECTION 54-104 (NONSTANDARD STREET 9/14/95 WIDTHS) -- MODIFY WIDTH OF NW 1 STREET BETWEEN NORTH MTAMI AVENUE AND NW 1 AVENUE. 1$. VICE MAYOR PLUMMER ASKS ADMINISTRATION DISCUSSION 57 FOR THE STATUS OF HIS REQUESTED 9/14/95 ORDINANCE CONCERNING UGLY WALLS AND WALLS WITH SPIKES. 19. .. (A) FIRST READING ORDINANCE: . ESTABLISH SPECIAL REVENUE FUND: SAFE HAVEN'S GRANT FOR OUTREACH TO MENTALLY ILL INDIVIDUALS -- APPROPRIATE $72,550, CONSISTING OF A GRANT FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVEL017P T (HUD) THROUGH NORTH WEST DADE MENTAL HEALTH CENTER -- AUTHORIZE MANAGER TO ACCEPT GRANT AWARD AND TO EXECUTE NECESSARY DOCUMENTS. (B) COMMISSIONER DAWKINS DIRECTS CITY ATTORNEY TO HAVE THE ASSISTANT CITY ATTORNEY RESPONSIBLE FOR REPRESENTING THE CITY ON THE HOMELESS ISSUE BEFORE JUDGE ADKINS, CONCERNING TWO PROPOSED SAFE NEIGHBORHOOD ZONES, TO COME BEFORE THE COMMISSION FOR FURTHER CLARIFICATION AT NEXT COMMISSION MEETING. ORDINANCE 58-59 FIRST READING 9/14/95 20. AUTHORIZE MANAGER TO EXECUTE AMENDMENT R 95-632 TO PROFESSIONAL SERVICES AGREEMENT WITH 9/14/95 A. FOSTER HIGGINS & CO., INC. -- INCREASE MAXIMUM AMOUNT OF COMPENSATION TO $70,000. 60-61 -j 21. AUTHORIZE MANAGER TO NEGOTIATE / R 95-633 61-76 EXECUTE THE FOLLOWING WITH METROPOLITAN R 95-634 DADE COUNTY ENSURING THAT CONTRACTS ARE R 95-635 CONTINGENT UPON CITY'S PURCHASE OF R 95-636 MIAMI RIVERSIDE CENTER: R 95-637 (A) LEASE AGREEMENT, WHEREBY CITY SHALL R 95-638 LEASE PARCEL OF VACANT LAND BETWEEN NW R 95-639 2 AND 3 AVENUES AND FRONTING ON NW 3 9/14/95 STREET. (B) LEASE AGREEMENT, WHEREBY CITY SHALL LEASE THE CITY ADMINISTRATION BUILDING (275 NW 2 STREET). (C) AGREEMENT, WEiEREBY CITY SHALL SELL ITS CENTRAL TRASH TRANSFER STATION (1150 NW 20 STREET). (D) AGREEMENT, WHEREBY CITY SHALL SELL ITS MUNICIPAL PARKING NO. 5 (270 NW 2 STREET). (E) FIRST INTERICCAL AGREEMENT TO PROVIDE FOR DISPOSAL, AT COUNI.'Y'S SOLID WASTE MANAGEMENT SYSTEM FACILITIES, OF MUNICIPAL SOLID WASTE MATERIALS COLLECTED IN/BY CITY. (F) SECOND INTERLOCAL AGREEMENT TO PROVIDE FOR SUSPENSION / TERMINATION OF CERTAIN TERMS / CONDITIONS SET FORTH IN FIRST INI'ERLOCAL AGREEMENT WITH COUNTY CONCERNING DISPOSAL OF SOLID WASTE MATERIALS COLLECTED IN/BY CITY. (G) AUTHORIZE MANAGER TO NEGOTIATE / EXECUTE AMENDED / RESTATED AGREEMENT WHICH CLARIFIES / AMENDS EXISTING AGREEMENT WITH BEDMINSTER SEACOR SERVICES MIAMI CORPORATION CONCERNING DISPOSAL AT BEDMINSTER'S FACILITY OF MUNICIPAL SOLID WASTE MATERIALS COLLECTED IN/BY CITY. 22. PRESENTATION: ENVIRO COPS PROGRAM -- DISCUSSION 76-79 MIRAMAR F'T.F'N►ENTARY SCHOOL. 9/14/95 23. (A) DISCUSSION CONCERNING ST. DISCUSSION 79-88 AGNES RAINBOW VILLAGE DEVELOPMENT 9/14/95 CORPORATION (240 NW 11 STREET). (B) COMMISSIONER DAWKINS DIRECTS CITY ATTORNEY TO PREPARE LEGISLATION WHEREBY ANY PROPERTY WHICH IS DONATED BY THE CITY, AND WHICH IS TURNED INTO A SOCIAL SERVICE SHELTER, SHALL REVERT BACK TO THE CITY. (C) VICE MAYOR PLUMMER DIRECTS CITY ATTORNEY TO DRAFT AN ORDINANCE GIVING COMMISSION DISCRETION TO GRANT SPECIAL EXCEPTIONS FOR ANY KIND OF SHELTER FACILITIES IN THE CITY. 24. (Continued Discussion) BRIEF COINS DISCUSSION 88 BY MANAGER ON DADE COUNPY'S APPROVAL OF 9/14/95 PROPOSED AGREEMENT TO PURCHASE CITY'S CENTRAL TRASH TRANSFER STATION, AND TO PROVIDE FOR DISPOSAL OF MUNICIPAL SOLID WASTE MATERIALS AT COUNTY FACILITIES. (See label 21) 25. DISCUSSION CONCERNING THE CITY OF MIAMI DISCUSSION 88-91 SPRINGS' OFFER / LETTER OF INTENT TO 9/14/95 PURCHASE MIAMI SPRINGS GOLF COURSE AND COUNTRY CLUB FOR $2,450,000. 26. DISCUSSION CONCERNING LOCATION OF DISCUSSION 91-93 OFFICES FOR THE MAYOR AND CCMISSIONERS 9/14/95 IN NEW ADMINISTRATION BUILDING. 27. (Continued) DISCUSSION CONCERNING DISCUSSION 93-99 ALLEGED POLICE BRUTALITY. (See label 9/14/95 8) 28. DISCUSSION CONCERNING THE SPRING GARDEN DISCUSSION 99-102 PRESERVATION LEAGUE. 9/14/95 29. PERSONAL APPEARANCE: REVEREND HENRY DISCUSSION 102-103 W. DANIELS CONCERNING THE ST. JOHN 9/14/95 COMMUNITY DEVELOPMENT CORPORATION. 30. (Continued Discussion) EMERGENCY ORDINANCE 103-104 ORDINANCE: AMEND CODE ARTICLE IV 11300 CHAPTER 40 (PENSION AND RETIRaFm 9/14/95 PLANS, DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST) -- ADD NEW SECTIONS 40-212(D)(3), 40-212(E)(6), 40- 212(F)(4), 40-212(G)(8), 40-212(I)(4), 40-212(L)(3), AND 40-212(P) -- AMEND SECTIONS 40-200 AND 40-213(C)(17). (See label 14) 31. ACCEPT PLAYGROUND EQUIPMENT AND SITE R 95-640 105-107 IMPROVEMENT FROM KIWANIS CLUB OF LITTLE 9/14/95 HAVANA FOR JOSE MARTI PARK. 32. DISCUSSION CONCERNING PROPOSED FIRST M 95-641 107-121 READING ORDINANCE RELATING TO ISSUES OF 9/14/95 DISCLOSURE BY INDIVIDUALS / ORGANIZATIONS APPEARING BEFORE THE CITY COMMISSION AND/OR BOARDS -- DIRECT CITY ATTORNEY TO PREPARE LEGISLATION (TO BE CONSIDERED AT SEPTEMBER 28TH .MEETING) REQUIRING REPRESENTATIVES OF ORGANIZATIONS APPEARING BEFORE THE COMMISSION TO PROVIDE AN AFFIDAVIT FIVE DAYS PRIOR TO A COMMISSION MEETING STATING COMPLETE DETAILS OF THE ORGANIZATION, AND REQUIRING ALL, ORGANIZATIONS WHICH HAVE APPEARED BEFORE THE COMMISSION TO FILE ANNUAL REPORTS. 33. DISCUSSION CONCERNING ANTICIPATED DISCUSSION 121-128 RELOCATION OF ROBBERY UNITS. 9/14/95 34. PERSONAL APPEARANCE: THE CURRY-GRICE DISCUSSION 128-130 TRACK CLUB CONCERNING REQUEST FOR 9/14/95 FUNDS -- REFER TO MANAGER. 35. GRANT REQUEST FROM THE MODEL CITY CRIME R 95-642 130-132 PREVENTION SUB -COUNCIL FOR DONATION OF 9/14/95 FOUR SURPLUS CITY VEHICLES. I 36. REFER TO CITY ATTORNEY REQUEST FROM M 95-643 132-136 RONALD J. COHEN, ESQ. CONCERNING 9/14/95 PAYMENT OF ATTORNEYS FEES IN CONNECTION: (1) RETIRED MIAMI POLICE LIEUTENANT MICHAEL CHRISTOPHER j ($100,000); (2) DOUGLAS RASMUSSEN i ($11,442.15); (3) OFFICER JESUS AGUERU ($147,206.25), AND (4) APPROVAL OF AN ATTORNEY FOR OFFICER TOM TRUJILLO -- REQUEST CITY ATTORNEY'S RECOMMENDATION TO BE PLACED ON AGENDA FOR SEPTEMBER 28TH COMMISSION MEETING. 37. GRANT REQUEST FROM CATHOLIC SERVICES OF R 95-644 136-138 LITTLE HAVANA FOR RENEWAL OF RENTAL FEE 9/14/95 WAIVER FOR OFFICE AND CLOSET SPACE AT MANUEL ARTIME COMMUNITY CENTER -- FOR SOCIAL SERVICES RENDERED TO RESIDENTS. 38. (Continued Discussion) BRIEF COMMENTS DISCUSSION 138 CONCERNING DONATION OF PLAYGROUND 9/14/95 EQUIPMENT / SITE IMPROVO4RU BY KIWANIS _� ._........._ _.... CLUB OF- LITTLE HAVANA FOR JOSE MARTI PARK -- CONFIRM NAMING OF PARK IN HONOR OF CARLOS ERUMMNN. (See label 31) 39. PERSONAL APPEARANCE: GIFFORD M. TABOR DISCUSSION 139-140 CONCERNING CRIME RELATED ISSUES IN THE 9/14/95 CRYSTAL COURT NEIGHBORHOOD. 40. APPROVE MODIFICATION TO PURCHASE / SALE R 95-645 140-141 AGREEMENT WITH FLORIDA POWER AND LIGHT 9/14/95 a COMPANY AND ALA=, INC. FOR PURCHASE OF MIAMI RIVERSIDE CENTER -- PROVIDE FOR TESTING PROTOCOL PERTAINING TO ENVIRONMENTAL MATTERS AND FOR REIMBURSEMENT OF SELLER'S ENVIRONMENTAL I` TESTING COSTS (UP TO $50,000) -- PROVIDE FOR (1) CERTAIN REMEDIES IF ANY PORTION OF PROPERTY IS NOT IN COMPLIANCE WITH APPLICABLE ENVIRONMENTAL STANDARDS; AND (2) RIGHT j OF FIRST OPPORTUNITY UNDER CERTAIN CONDITIONS. 41. APPROVE EXPENDITURE OF $130,000 FOR R 95-646 141-142 CONSTRUCTION OF CENTENNIAL PLAZA IN 9/14/95 BAYFRONT PARK -- ALLOCATE FUNDS FROM 1994-95 CIP. 42. ALLOCATE $335,000 CDBG FUNDS: (1) $100,000 TO CATHOLIC COMMUNITY SERVICES, INC. / SAN JUAN DAY CARE AND NEIGHBORHOOD CENTER -- FOR CONSTRUCTION OF NEIGHBORHOOD CENTER; (2) $85,000 TO GREATER MIAMI YOUTH SERVICE CORPS, INC. -- TO COMPLETE PUBLIC IMPROVEMENTS; (3) $100,000 TO BORINQUEN HEALTH CARE CENTER, INC. -- TO ACQUIRE CAPITAL FIXTURES EQUIPMENT FOR MAMMOGRAPHY EXAMINATIONS; AND (4) $50,000 TO ASSOCIATION FOR DEVELOPMENT OF THE EXCEPTIONAL, INC. -- TO EXPAND EXISTING FACILITY -- AUTHORIZE MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS. 43. (A) AUTHORIZE MANAGER TO ALLOCATE / DISBURSE FUNDING ($50,000) FROM CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM TO URBAN LEAGUE OF GREATER MIAMI, INC. -- TO DEFRAY COSTS ASSOCIATED WITH PREDEVELOPMENT ACTIVITIES -- FOR DEVELOPMENT OF A 90-UNIT AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT, TO BE KNOWN AS: KNIGHT MANOR HOMES PROJECT, ON 11-ACRE PARCEL IN MODEL CITY (NW 67 AND 69 STREETS BETWEEN NW 7 AND 10 AVENUES) -- ALLOCATE PRELIMINARY COMMITMENT FOR PROTECT CONSTRUCTION OF $2,375,000 OVER 2-YEAR PERIOD FROM CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM AND/OR CDGB PROGRAM -- SUBJECT TO URBAN LEAGUE SECURING ADDITIONAL PROJECT FUNDING COMMIUVEMS IN EQUAL A4MU FROM METROPOLITAN DADE COUNTY AND/OR STATE OF FLORIDA, AMID SATISFACTORY RESOLUTION OF ANY ENVIRONMENTAL ISSUES ASSOCIATED WITH DEVELOPMENT SITE -- AUTHORIZE MANAGER TO EXECUTE NECESSARY DOCUMENTS. ( See label 45) (B) COMMISSIONER DAWKINS DIRECTS ADMINISTRATION TO EARMARK $4 MILLION FOR CONSTRUCTION OF TOWNHOUSES WITH GARAGES BY THE URBAN LEAGUE AND LHL HOUSING CORPORATION -- SCHEMATICS FOR PROTECT MUST BE PRESENTED TO COMMISSION WITHIN NEXT TWO MEETINGS -- ALLOCATE $2 MILLION NOW AND PLACE $2 MILLION IN TRUST FOR COMPLETION OF PROJECT. R 95-647 142-143 9/14/95 R 95-648 144-160 9/14/95 44. AUTHORIZE MANAGER TO ACCEPT $352,834 R 95-649 GRANT FROM FLORIDA DEPARTMENT OF STATE, 9/14/95 DIVISION OF HISTORICAL RESOURCES -- FOR REHABILITATION OF THE HISTORIC TOWER THEATER IN LITTLE HAVANA -- AUTHORIZE MANAGER TO EXECUTE GRANT AGREEMENT. 45. AUTHORIZE PAYMENT FOR ADDITIONAL R 95-650 ARCHITECTURAL / ENGINEERING SERVICES / 9/14/95 REIMBURSABLE EXPENSES IN ACCORDANCE WITH PROVISIONS STIPULATED IN PROFESSIONAL SERVICES AGREEMENT WITH AERMELO, AJAMIL AND PARTNERS -- FOR TOWER THEATER REHABILITATION PROJECT -- ALLOCATE $15,000 FROM CIP 321038 (LATIN QUARTER SPECIALTY CENTER): $7, 680 FOR ADDITIONAL SERVICES, $7,320 FOR REIMBURSABLE EXPENSES. 46. SCHEDULE PUBLIC HEARING (SEPTEMBER 28, R 95-651 ' P.M.) TO TAKE' TESTIMONY 9/14/95 .I.._ .,...__ ...1_ REGARDING FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION. 47. ISSUE $20,000,000 IN AGGREGATE R 95-652 PRINCIPAL AMOUNT OF CITY OF MIAMI TAX 9/14/95 ANTICIPATION NOTES, SERIES 1995 -- TO MEET CITY'S CASH FLOW REQUIREMENTS FOR FY ENDING SEPTEMBER 30, 1996. 48. AUTHORIZE DEPARTMENT OF OFF-STREET R 95-653 PARKING TO CONSTRUCT / OPERATE 47 ON- 9/14/95 STREET PARKING SPACES ON AVAILABLE PUBLIC RIGHT-OF-WAY ON SOUTH SIDE OF SW 27 STREET WEST OF SW 22 AVENUE -- TO SERVE PARKING NEEDS OF AREA BUSINESSES / VISITORS -- AUTHORIZE MANAGER TO ENTER INTO PARKING AGREEMENT WITH DEPARTMENT OF OFF-STREET PARKING AND FINANCIAL DATA PLANNING CORPORATION FOR USE OF 40 ON -STREET PARKING SPACES IN SAID AREA. 49. ACCEPT DONATION FROM NIKE, INC. -- TO R 95-654 RESURFACE 5 TENNIS COURTS AND INSTALL 9/14/95 NEW WIND -SCREENS AT MOORE PARK (VALUE: $150,000). 161 162-163 164-165 165-170 170-171 171-172 50. ACCEPT BIDS: (1) J.R. ALVAREZ R 95-655 ($48,756); (2) J.W. MAINTENANCE 9/14/95 ($10,800); (3) RIPLEY`S LAWNCARE ($25,140); AND (4) CANO LANDSCAPING ($5,400) -- FOR FURNISHING GROUNDS MAINTENANCE SERVICES FOR CITY,S 55 PARKS (FOR ONE YEAR WITH OPTION TO EXTEND CONTRACT FOR ONE YEAR AT SAME PRICE / TERMS / CONDITIONS, SUBJECT TO AVAILABILITY OF FUNDS) -- ALLOCATE $90,096. 51. ACCEPT BID: MURRAY FENCE COMPANY -- R 95-656 FOR FURNISHING / INSTALLATION OF CHAIN 9/14/95 LINK FENCING AT THE AUTO POUND -- FOR POLICE DEPARTMENT -- ALLOCATE $90,925.05 FROM CIP 312012. 52. ACCEPT BID: VENECON, INC. ($200,000, R 95-657 TOTAL BID) -- FOR GIBSON PARK 9/14/95 RECREATIONAL BUILDING RENOVATION, B- 6228 -- ALLOCATE $120,000 FROM CIP 331384, $56,000 FROM CIP 331341, AND $64,660 FROM NEIGHBORHOOD PARK RENOVATION PROGRAM, TO COVER $200,000 CONTRACT COST AND $40,660 ESTIMATED EXPENSES, TOTALING $240,660 -- AUTHORIZE MANAGER TO EXECUTE CONTRACT. 53. TRANSFER PORTIONS OF RIGHT-OF-WAY OF NE R 95-658 37 STREET TO JURISDICTION OF STATE 9/14/95 HIGHWAY SYSTEM (IN CONFORMANCE WITH SECTION 337.29, F.S.) -- AUTHORIZE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD RIGHT-OF-WAY MAP OF SUBJECT ROAD IN DADE COUNTY PUBLIC RECORDS. 54. AUTHORIZE MANAGER TO EXECUTE AGREEMENT R 95-659 WITH MARK ISRAEL -- TO CONTINUE 9/14/95 REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. -- ALLOCATE $48,000 PLUS $4,000 FOR REIMBURSABLE EXPENSES FROM LEGISLATIVE LIAISON GENERAL FUND. 55. WAIVE SEALED BIDS -- APPROVE PURCHASE / R 95-660 INSTALLATION OF 47 PALM AND SHADE 9/14/95 TREES -- FROM BANNERMAN LANDSCAPING, INC. -- ALLOCATE $11,065. 56. BRIEF COMMENTS CONCERNING DISCUSSION OVERTOWN SHOPPING CENTER 9/14/95 IMPROVEMENTS. (See label 59) 172-173 173-174 174-176 176-177 177-178 178-179 179-180 __1 57. EMERGENCY ORDINANCE: AMEND 11205 ORDINANCE 180-182 (CAPITAL IMPROVEMENT APPROPRIATIONS 11301 ORDINANCE), THEREBY INCREASING 9/14/95 APPROPRIATIONS ($79,893) FOR PROJECT 322059: OVERTOWN SHOPPING CENTER RENOVATIONS. 58. ALLOCATE $15, 000 (AS SEED CAPITAL R 95-661 182-183 FOR A CIVIC LUNCHEON) IN 9/14/95 CONNECTION WITH THE 50TH j ANNIVERSARY OF THE UNITED NATIONS -- GRANT REQUEST FOR USE FEE WAIVER (GUSMAN CENTER). 59. AMEND 95-235 -- INCREASE CONTRACT R 95-662 184-185 AMOUNT FROM $213,320 TO $252,031 -- 9/14/95 ALLOCATE FUNDS FROM CDBG PROGRAM -- EXTENID AGREEMENT WITH VENECON, INC., j GENERAL CONTRACTORS, TO COMPLETE OVERTOWN NEIGHBORHOOD ENHANCEMEW TEAM .,„.y... ... t ) . 'OFFICE IN OVERT1 W "� M6PPING l . CENTER (1490 NW 3 AVENUE), TO BE SHARED ___..WITH_ ___REPUBLIC NATIONAL BANK.— ( See label 56) 60. (A) ALLOCATE $29,400 FROM CDBG FUNDS TO R 95-663 185-187 REHABILITATE 21 BUSINESSES IN LITTLE R 95-663.1 HAVANA TARGET AREA UNDER COMPREHENSIVE 9/14/95 CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM. (B) ALLOCATE ADDITIONAL $25,000 FROM 20TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO THE SMALL BUSINESS OPPORTUNITY CENTER, INC. (SBOC) -- TO EXPAND SBOC'S ECONOMIC DEVELOPMENT PROGRAMS -- EXECUTE AMENDMENT TO EXISTING AGREEMENT. 61. DISCUSSION CONCERNING NATIVE AMERICAN DISCUSSION 188 CULTURAL FOUNDATION OF FLORIDA, INC.'S 9/14/95 REQUEST FOR FEE WAIVERS IN CONNECTION j WITH SECOND ANNUAL NATIVE AMERICAN CULTURAL FESTIVAL,. 62. (A) EMERGENCY ORDINANCE: APPROVE ORDINANCE CREATION OF SPECIAL, TAXING DISTRICT BY 11302 METROPOLITAN DADE COUNTY -- BRICEELL 9/14/95 AVENUE BETWEEN SE 32 AND 26 ROADS -- IN ORDER TO PROVIDE 24-HOUR SECURITY GUARD SERVICE. (B) COMMENTS MADE BY MAYOR CLARK ON THE NEW TIMES ARTICLE CONCERNING CORSICA TRIP AND HURRICANE WARNINGS IN MIAMI. 63. DISCUSSION CONCERNING DATES FOR OCTOBER DISCUSSION CCMMISSION MEETINGS. (See label 74) 9/14/95 64. PUBLIC HEARING CONCERNING FY'96 TENTATIVE BUDGET. 65. ALLCX'rATE $142,000 FOR OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS FOR FY 1995-96 -- ACCEPT $50,000 DONATION FROM SYLVESTER STALLONE -- TO BE PLACED IN A FUND FOR OPERATION OF GUSMAN CENTER BEYOND FY'96 -- REQUEST --.-DEPARTMENT OF OFF-STREET PARKING TO REQUEST INDUSTRY OFFICIALS TO ASSIST IN PREPARATION OF RFP TO ADDRESS CITY'S SUBSIDY BEYOND FY'96. 66. (A) CONTINUED DISCUSSION CONCERNING FY'96 BUDGET. (B) BRIEF REPORT FROM GUY SANCHEZ, MEMBER OF THE BUDGET AND COMMITTEE. FINANCE (C) FIRST READING ORDINANCE: FIX MILLAGE AND LEVY TAXES IN CITY OF MLAMI FOR FY OCTOBER 1, SEPTE BER 30, 1996. (D) FIRST READING ORDINANCE: MAKE APPROPRIATIONS FOR FY OCTOBER 1, 1995- SFpTEMBFR 30, 1996. 67. (A) PUBLIC HEARING CONCERNING PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR DOWNTOWN DEVELOPMENT AUTHORITY (DDA). (B) FIRST READING ORDINANCE: FIX MILLAGE AT FIVE -TENTHS (.5) MILLS AND LEVY TAXES IN DOWNTOWN DEVELOPMENT DISTRICT FOR FY OCTOBER 1, 1995- SEPTEMBER 30, 1996. (C) FIRST READING ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY FOR FY OCTOBER 1, 1995-SEPIUMR 30, 1996. DISCUSSION 9/14/95 M 95-664 9/14/95 ORDINANCE FIRST READING 9/14/95 ORDINANCE FIRST READING ORDINANCE FIRST READING 9/14/95 189-191 191-193 193-197 197-204 205-222 223-226 m 68. APPROVE MIAMI SPORTS AMID EXHIBITION R 95-665 AUTHORITY PROPOSED 1995-1996 OPERATING BUDGET. 9/14/95 69. APPROVE BAYFRONT PARK MANAGEMENT TRUST R 95-666 OPERATING AND MAINTENANCE BUDGETS FOR 9/14/95 FY 1995-96. 70. APPROVE ANNUAL BUDGET OF DEPARTMENT OF R 95-667 OFF-STREET PARKING FOR FY OCTOBER 1, 9/14/95 1995-SEPTEMBER 30, 1996, IN THE AMOI.INr OF $767,606, EXCLUDING DEPRECIATION -- TO PROVIDE FOR OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. 71. VICE MAYOR PLUMMER THANKS DISCUSSION MANAGEMENT AND BUDGET DEPARTMENT 9/14/95 FOR COMMENDABLE JOB ON FY'96 BUDGET. 72. WAIVE COMPETITIVE SEALED BIDS FOR R 95-668 EMERGENCY REPAIR OF IRRIGATION 9/14/95 SYSTEM AT CURTIS PARK -- AUTHORIZE MANAGER TO AWARD CONTRACT ($15,000) EXPEDITIOUSLY. 73. CHANGE STARTING TIME FOR SFtxrr• MBER 28TH R 95-669 COMMISSION MEETING TO 3:00 P.M. 9/14/95 74. (Continued Discussion) SCHEDULE BOTH R 95-670 REGULAR AND PLANNING & ZONING MEETINGS 9/14/95 IN OCTOBER ON THE 26TH. (See label 63) 75. (A) (Continued Discussion) AMEND 95- R 95-671 456, ESTABLISHING THE UNITY COUNCIL OF R 95-671.1 MIAMI (M M) -- APPOINT EARL CARROLL 9/14/95 TO SERVE ON TUCOM. (See label 10) (B) APPOINT SANTIAGO ECOMMIA TO SERVE ON THE MIAMI RIVER COORDINATING COMMITTEE. 226-228 228-229 229-230 231 231-232 232-234 234-236 236-238 M I MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of September, 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 9:05 a.m. by Vice Mayor J.L. Plummer, Jr. with the following members of the Commission found to be present: Vice Mayor J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Miller J. Dawkins ._ALSO.. PRESENT:_..__... _.. Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk j Maria J. Argudin, Assistant City Clerk 4111.1-i"ZUTA Mayor Stephen P. Clark Commissioner Victor De Yurre An invocation was delivered by Vice Mayor Plummer who then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Prior to the beginning of the meeting, Administration Rad with raven the following agenda items: CA-5, CA-7, CA-9, CA-22, CA-23, 3, 34, 49 and 50. Item 55 was deferred at the request of the Coral Gate Homewoners Association. NOTE FOR THE RECORD: At this point, it was announced that Mayor Clark would e de ayed because he was attending the U.S. Commission on Civil Rights meeting, on Racial and Ethnic Tension in American Communities. September 1-4, 1995 - NOTE FOR THE RECORD: On a motion duly made by Commissioner aw ms and seconded by Commissioner Gort, the minutes of Commission meetings of May 11, May 25, June 1 and July 13, 1995, were approved by the Commission. (Mayor Clark & Commissioner De Yurre were absent.) ---------------------------------------------------------------------------------------------------------------- 1. CONSENT AGENDA -- MISCELLANEOUS COMMENTS ON CA-16, CA-21, CA-26, AND CA-31. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Again, let me very quickly run through the consent items that have been withdrawn. The consent items withdrawn are CA-9, CA-22, CA-23, CA-5, and CA-7. As a matter of policy, those items will automatically be withdrawn and taken over to the next regular Commission agenda as a regular agenda item. Commissioner Dawkins: Pull 26, please. Vice Mayor Plummer: -Item 26 is also pulled. Commissioner Dawkins: CA-26. Vice Mayor Plummer: I'm sorry, just 26? Commissioner Dawkins: CA-26. Vice Mayor Plummer: CA-26. Commissioner Dawkins: Thank you. Vice Mayor Plummer: Is there anything, anyone else? OK. Those items are withdrawn. Does any Commissioner wish to speak on any item on the consent agenda? Does anyone of the public wish to speak on any item on the consent? Mr. Benjamin? For the record, if you would give us your name and mailing address, please. Mr. Donald F. Benjamin: My name is Donald F. Benjamin, 417 Northwest 6th Street, 33136. Vice Mayor Plummer: The item which you wish to speak on? Mr. Benjamin: CA-16. One question. Vice Mayor Plummer: CA-16? Mr. Benjamin: Yes. Vice Mayor Plummer: All right, sir. CA-16 is the installation of antennas on the top of the Police Department. Your question is what, sir? Mr. Benjamin: Is this the same as the Cellular One issue? 2 September 14, 1995 Vice Mayor Plummer: Is this the Cellular One issue? Yes. Mr. Benjamin: So they've changed the name to McCaw now. Ms. Lori Lutes: That's the name of the company that... Vice Mayor Plummer: Excuse me. For the record, your name and... Ms. Lutes: Lori Lutes, City of Miami Asset Management. Vice Mayor Plummer: OK. Mr. Benjamin: But substantially, this deals with an appeal that we had that the Overtown Advisory Board filed some time ago. Is that so? Ms. Lutes: That's correct. Vice Mayor Plummer: See how easy it is to win here? Mr. Benjamin: Thank you. Mr. Cesar Odio (City Manager): Commissioner Plummer, on CA-29. Vice Mayor Plummer: CA-29? Mr. Odio: We just have to change two dates there, or add two dates. Vice Mayor Plummer: CA-29. All right, sir. What are your two dates? Mr. Odio: The 27th of September and the 28th. Vice Mayor Plummer: The 27th and 28th of December. Mr. Odio: Yeah. September. Vice Mayor Plummer: September. Mr. Odio: Right. That's all. Vice Mayor Plummer: All right, sir. Someone in the Fire Department... Was that a regular item that you had that you wished to add? Commissioner Dawkins: What did the Manager say? Vice Mayor Plummer: On CA-29, Commissioner, change the dates to Sep... Mr. Odio: Add the dates... Vice Mayor Plummer: Adding the dates of September 27 and 28. Mr. Odio: ... of September 27th and 28th. They had had some delays because of rain. Vice Mayor Plummer: OK. 3 September 14, 1995 Commissioner Dawkins: Oh, no problem. NOTE FOR THE RECORD: Commissioner De Yurre entered the Commission Chamber at 9:06 a.m. Vice Mayor Plummer: Commissioner De Yurre, do you have any items you wish to pull? Commissioner De Yurre: No. Vice Mayor Plummer: Is there anyone else of the public who wishes to speak on a consent agenda item? Sir? Unidentified Speaker: Yes, sir. Vice Mayor Plummer: Your name, mailing address, and the item you wish to speak on. Unidentified Speaker: I don't need to talk? OK, fine. OK. Commissioner Dawkins: For what? For what? Unidentified Speaker: OK. Commissioner Dawkins: Who else? Who else? Vice Mayor Plummer: I mean, obviously, it's going to be approved. Commissioner Gort: That's right. Commissioner Dawkins: Yes, it is. It is. Vice Mayor Plummer: Oh. All right. Commissioner Dawkins: All right, what is... Dr. Daniels, what item are you here on? Dr. Henry W. Daniels: Number 15. Commissioner Dawkins: No, sir. Vice Mayor Plummer: Regular item or CA? Does any member of the public wish to speak on any consent agenda item, for the last time? Sir, Robert. Mr. Robert Dobiecki: Good morning. Vice Mayor Plummer: Your name and mailing address, and item which you wish to speak on. Mr. Dobiecki: Robert Dobiecki,100 Edgewater Drive, Coral Gables, Florida. Vice Mayor Plummer: Yes, sir. Mr. Dobiecki: OK. I have... 4 September 14, 1995 Vice Mayor Plummer: What item do you wish to speak on? Mr. Dobiecki: On item... Let's see here. Vice Mayor Plummer: Hello? Mr. Dobiecki: Yes. CA-31. Vice Mayor Plummer: Thirty-one. That is Northwest 11th Avenue from 14th Street to 14th Terrace, designating that as Buoniconti Drive. What is your problem? Mr. Dobiecki: No, I just... I wanted to introduce to the Commission a rendering that I brought over for the Miami Project Building. Vice Mayor Plummer: We're going to approve it if you keep your mouth... Commissioner Dawkins: What is that... You want us to look at that and disapprove of it? Mr. Dobiecki: No. Commissioner Dawkins: Well, why would looking at it help us approve it any better? Mr. Dobiecki: All right. OK. Commissioner Dawkins: OK, thank you. Vice Mayor Plummer: No commercials, no commercials. Mr. Dobiecki: OK, all right. Vice Mayor Plummer: Would you please call the roll on the consent agenda as modified with the deletions so noted. Call the items. Mr. Walter Foeman (City Clerk): Can I have a movant, please? Commissioner Dawkins: Move it. Move the consent agenda. Vice Mayor Plummer: It was moved by Dawkins, seconded by Gort. Mr. Manuel Gonzalez-Goenaga: May I say something? Commissioner Dawkins: Why not? This is America. J 1 Vice Mayor Plummer: Excuse me. You have every right to, sir. For the record, state your name, mailing address and the item which you wish to speak on. Mr. Gonzalez-Goenaga: My name is Manny "Boom -Boom" Gonzalez. My address is 2469 Southwest 14th Street. And I want to speak on item on the agenda, CA-20... Vice Mayor Plummer: CA-20? Mr. Gonzalez-Goenaga: No, no, no, 21. 5 September 14, 1995 __ J Commissioner Dawkins: Twenty-one. Mr. Gonzalez-Goenaga: Twenty-one. Vice Mayor Plummer: Twenty-one is the engagement of a law firm to defend certain actions of City officials. Item CA-21, yes, sir. Mr. Gonzalez-Goenaga: Well, Commissioners and citizens of Miami, here we go again. Every time - and I will be able, hopefully, to speak in the issue 19 - every time there is a crime here in Miami, and the citizens sue, or there is a civil action, these people are defended. They get good lawyers, top-notch lawyers, and they get defended at our expense. And here, we have a case that Mr. Victor De Yurre, he is an attorney himself... Every time I am arrested, my friends, ten times in this town, I have to defend myself, because I do not have money. And now, recently, I was accused of many crimes by the emperor of this City, and I have a free attorney so far. It's a Cuban lady by the name of Emilia Diaz, and I will reserve... 1 Vice Mayor Plummer: Mr. Gonzalez... Mr. Gonzalez-Goenaga: Well, the thing is that this is obscene. Vice Mayor Plummer: All right, sir. ..-.___._..__.....Mr._Gonzalez-.Goenaga: And any Commissioner that.approves this does not deserve to be sitting in those chairs. Thank.you very much. Vice Mayor Plummer: Thank you, sir. All right. Call the roll, please. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WA TERMINED THAT ANY CONSENT AGENDA ITEM, WHICH IS PULLED_ BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED, AS A REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER GORT, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort j Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NAYS: ABSENT: None. Mayor Stephen P. Clark .6 September 14, 19.95 1.1 ACCEPT BID: CASCADE DEVELOPMENT, INC. -- FOR FURNISHING BAR CODE SCANNER DEVICES / ACCESSORIES -- FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE $8,948 FROM CIP 313825. RESOLUTION NO.95-602 A RESOLUTION ACCEPTING THE BID OF CASCADE DEVELOPMENT, INC. FOR THE FURNISHING OF BAR CODE SCANNER DEVICES AND ACCESSORIES FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL PROPOSED AMOUNT OF $8,948.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 313825, ACCOUNT CODE NO. 802801-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.2 ACCEPT BIDS: (1) JET'S FLORIDA OUTDOORS ($276.93); (2) SPORTSMASTER ($6,350); AND (3) ACE HARDWARE SHELL LUMBER ($266.85) -- FOR _ .._. FURNISHING... CAMP EQUIPMENT --.. FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE $6,893.78 FROM CIP 313825. RESOLUTION NO. 95-603 A RESOLUTION ACCEPTING THE BIDS OF JET'S FLORIDA OUTDOORS IN THE AMOUNT OF $276.93, SPORTSMASTER IN THE AMOUNT OF $6,350, AND ACE HARDWARE SHELL LUMBER IN THE AMOUNT OF $266.85, FOR THE FURNISHING OF CAMP EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL PROPOSED COST OF $6,893.78; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 313825, ACCOUNT CODE NO 802801-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 September 14, 1995 1.3 ACCEPT BID: ZIP MAILER, INC. -- FOR FURNISHING MAILING SERVICES FOR DEPARTMENT OF FINANCE / TREASURY MANAGEMENT DIVISION -- ALLOCATE $6,019 -- EXTEND SERVICE FOR TWO ADDITIONAL ONE-YEAR PERIODS AT SAME PRICE / TERMS / CONDITIONS, SUBJECT TO AVAILABILITY OF FUNDS. RESOLUTION NO. 95-604 A RESOLUTION ACCEPTING THE BID OF ZIP MAILER, INC., FOR THE FURNISHING OF MAILING SERVICES FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR THE DEPARTMENT OF FINANCE/TREASURY MANAGEMENT DIVISION, AT A TOTAL PROPOSED FIRST YEAR COST OF $6,019; ALLOCATING FUNDS THEREFOR FROM 1995-96 DEPARTMENT OF FINANCE, GENERAL FUND, ACCOUNT CODE NO. 260301-533; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO EXTEND SAID SERVICE FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.4 ACCEPT BID: LEADEX CORPORATION -- FOR FURNISHING / INSTALL.ATION OF PLAYGROUND EQUIPMENT AT HENDERSON PARK -- FOR PARKS & RECREATION DEPARTMENT -- ALLOCATE $24,960 FROM CIP 331356. RESOLUTION NO. 95-605 A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT AT HENDERSON PARK, FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED AMOUNT OF $24,960.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 331356, ACCOUNT CODE NO. 589301-860; 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.) 8 September 14, 1995 1.5 ACCEPT BID: LEADEX CORPORATION -- FOR FURNISHING / INSTALLATION OF PICNIC TABLES AT VIRRICK PARK -- FOR PARKS & RECREATION DEPARTMENT-- ALLOCATE $13,930 FROM CIP 331316. RESOLUTION NO. 95-606 A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION FOR THE FURNISHING AND INSTALLATION OF PICNIC TABLES AT VIRRICK PARK FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED AMOUNT OF $13,930.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 331316, ACCOUNT CODE NO. 589301-830; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.6 ACCEPT BID: COMPLETE BUSINESS SYSTEMS -- FOR FURNISHING PLAIN PAPER COPIER AND AUTOMATIC FEEDER -- FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE $19,039. RESOLUTION NO. 95-607 A RESOLUTION ACCEPTING THE BID OF COMPLETE BUSINESS SYSTEMS FOR THE FURNISHING OF A PLAIN PAPER COPIER AND AUTOMATIC FEEDER FOR THE DEPARTMENT OF PUBLIC WORKS, AT A TOTAL PROPOSED AMOUNT OF $19,039.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 310301-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.7 ACCEPT BID: RANGE MANAGEMENT SERVICES -- FOR FURNISHING RANGE LEAD CLEANUP -- FOR POLICE DEPARTMENT -- ALLOCATE $23,950 FROM CIP 312019. RESOLUTION NO. 95-608 A RESOLUTION ACCEPTING THE BID OF RANGE MANAGEMENT SERVICES FOR THE FURNISHING OF RANGE LEAD CLEANUP FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $23,950.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 312019, ACCOUNT CODE NO. 299901-270; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID SERVICE. 9 September 14, 1995 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.8 ACCEPT BID: LAWMEN'S & SHOOTERS SOUTH, INC. -- FOR FURNISHING TRUNK ORGANIZERS -- FOR POLICE DEPARTMENT -- ALLOCATE $6,085.50. RESOLUTION NO. 95-609 A RESOLUTION ACCEPTING THE BID OF LAWMEN'S & SHOOTERS SOUTH, INC., FOR THE FURNISHING OF TRUNK ORGANIZERS FOR THE DEPARTMENT OF POLICE, AT A TOTAL PROPOSED AMOUNT OF $6,085.50; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.9 ACCEPT BID: CENTRAL SAFETY -- FOR FURNISHING GAS MASK CANISTERS -- FOR POLICE DEPARTMENT -- ALLOCATE $5,178. RESOLUTION NO. 95-610 A RESOLUTION ACCEPTING THE BID OF CENTRAL PUBLIC SAFETY FOR THE FURNISHING OF GAS MASK CANISTERS, FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $5,178.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-719; 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.) 10 September 14, 1995 1.10 RESCIND AWARD TO TRADE SERVICES -- FOR FURNISHING CUSTODIAL SERVICES TO POLICE SOUTH SUB -STATION AND OVERTOWN MINI - STATION -- FOR FAILURE TO MEET CITY'S SPECIFICATIONS (BID 94-95- 015M/WBE) -- RESCIND 95-114 -- AWARD BID: AFTER HOURS CLEANING SERVICE -- FOR DEPARTMENT OF GENERAL SERVICES / SOLID WASTE -- ALLOCATE $19,691 (FOR BALANCE OF YEAR) -- EXTEND SERVICE FOR ONE YEAR AT $33,756, SUBJECT TO AVAILABILITY OF FUNDS. RESOLUTION NO. 95-611 A RESOLUTION RESCINDING THE AWARD TO TRADE SERVICES INDUSTRIES ("TSI"), FOR THE FURNISHING OF CUSTODIAL SERVICES TO THE POLICE SOUTH SUB -STATION AND THE OVERTOWN MINI -STATION FOR FAILURE TO MEET THE CITY'S SPECIFICATIONS SET FORTH IN BID NO. 94-95-015M/WBE AND RESCINDING RESOLUTION NO. 95-114, ADOPTED FEBRUARY 9, 1995, IN ITS ENTIRETY, AWARDING SAID BID TO TSI; FURTHER APPROVING THE AWARD OF SAID BID TO AFTER HOURS CLEANING SERVICE, THE SECOND LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, AT A PROPOSED AMOUNT OF $19,691.00 FOR THE BALANCE OF THE YEAR, FOR THE DEPARTMENT OF GENERAL SERVICES/SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 421001-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO EXTEND SAID SERVICE FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT A COST OF $33,756.00, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 11 September 14, 1995 1.11 APPROVE, IN PRINCIPLE, DESIGNATION OF THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION -- AS SPONSOR TO UNDERTAKE DEVELOPMENT OF 6 NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES / INDIVIDUALS OF LOW / MODERATE INCOME, ON 5 CITY -OWNED VACANT PARCELS IN ALLAPATTAH (SUBJECT TO CORPORATION PROVIDING ACCEPTABLE EVIDENCE OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING) -- DIRECT CORPORATION TO PREPARE / FINALIZE HOUSING PLANS / SPECIFICATIONS / CONSTRUCTION / PERMANENT FINANCING / CONSTRUCTION SCHEDULE FOR COMPLETION WITHIN 12 MONTHS -- ESTABLISH $40,465 AS THE REIMBURSEMENT AMOUNT TO BE PAID BY SPONSOR TO CITY FOR SAID PARCELS -- AUTHORIZE MANAGER TO EXECUTE APPROPRIATE LEGAL DOCUMENTS. RESOLUTION NO. 95-612 A RESOLUTION, WITH ATTACHMENTS, APPROVING IN PRINCIPLE, THE DESIGNATION OF THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, A NOT -FOR -PROFIT CORPORATION, AS SPONSOR TO UNDERTAKE THE DEVELOPMENT OF SIX (6) NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON FIVE (5) CITY -OWNED VACANT PARCELS LOCATED IN THE ALLAPATTAH NEIGHBORHOOD, WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A," SUBJECT TO SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING; DIRECTING RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION TO PREPARE AND FINALIZE HOUSING PLANS AND SPECIFICATIONS, CONSTRUCTION AND PERMANENT FINANCING, AND CONSTRUCTION SCHEDULE FOR COMPLETION WITHIN TWELVE (12) MONTHS FROM THE DATE OF THIS ACTION; ESTABLISHING $40,465 AS THE REIMBURSEMENT AMOUNT TO BE PAID BY THE SPONSOR TO THE CITY OF MIAMI FOR SAID PARCELS FOR ITS COST OF SITE ACQUISITION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE LEGAL DOCUMENTS IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, CONVEYING SAID PARCELS, SUBJECT TO CERTAIN TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 12 September 14, 1995 L 1.12 AUTHORIZE MANAGER TO MAKE PURCHASE OFFERS / EXECUTE AGREEMENTS WITH OWNERS OF 3 VACANT PARCELS WITHIN EDISON / LITTLE RIVER COMMUNITY DEVELOPMENT TARGET AREA -- TOTAL PURCHASE PRICE $40,290 -- TO BE USED FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW / MODERATE INCOME FAMILIES IN CONNECTION WITH SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM -- ALLOCATE FUNDS FROM CDBG PROGRAM (PROJECT 705214) -- AUTHORIZE MANAGER TO CLOSE ON SAID PARCELS AFTER EXAMINATION OF ABSTRACTS AND CONFIRMATION OF TITLE. RESOLUTION NO.95-613 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE PURCHASE OFFERS, AS SPECIFIED HEREIN, AND EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OWNERS OF THREE (3) VACANT PARCELS OF LAND LOCATED WITHIN THE EDISON/LITTLE RIVER COMMUNITY DEVELOPMENT TARGET AREA AND MORE PARTICULARLY AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, FOR A TOTAL PURCHASE PRICE OF $40,290, SAID PARCELS TO BE USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW AND .MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PURSUANT TO RESOLUTION NO. 93-444, FOR PROJECT NO. 705214; AUTHORIZING THE CITY MANAGER TO PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACTS AND CONFIRMATION OF TITLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 13 September 14, 1995 1.13 AUTHORIZE MANAGER TO ISSUE REVOCABLE PERMIT FOR FIVE YEARS WITH OPTION FOR FIVE ONE-YEAR RENEWAL PERIODS (ANNUAL FEE $10,000) -- TO McCAW COMMUNICATIONS OF FLORIDA, INC. -- FOR USE OF 192 SQUARE FEET OF ROOF TOP SPACE FOR INSTALLATION OF ANTENNAS AT POLICE DEPARTMENT GARAGE (400 NW 2 AVENUE). RESOLUTION NO. 95-614 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, TO McCAW COMMUNICATIONS OF FLORIDA, INC. ("McCAW") FOR THE USE OF APPROXIMATELY 192 SQUARE FEET OF ROOF TOP SPACE FOR THE INSTALLATION OF ANTENNAS AT THE POLICE DEPARTMENT GARAGE, LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, SAID REVOCABLE PERMIT TO BE: (1) FOR A PERIOD OF FIVE YEARS WITH THE OPTION FOR FIVE ONE-YEAR RENEWAL PERIODS; (2) AT AN ANNUAL FEE OF $10,000.00; AND (3) WITH ALL TERMS AND CONDITIONS AS SET FORTH IN SAID REVOCABLE PERMIT. (Here follows. body of resolution, omitted here and on file in the Office of the City Clerk.) 1.14 ALLOCATE $40,600 FROM CDBG FUNDS (PROJECT 799602) -- FOR COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM -- FOR COCONUT GROVE TARGET AREA. RESOLUTION NO. 95-615 A RESOLUTION ALLOCATING $40,600 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (PROJECT NO. 799602) FOR THE COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM FOR THE REHABILITATION OF 29 BUSINESSES LOCATED IN THE COCONUT GROVE TARGET AREA, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14 September 14, 1995 L 1.15 CLAIM SETTLEMENT: ROSE FELTMAN ($25,000). RESOLUTION NO. 95-616 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROSE FELTMAN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $25,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 94-04187-CA(21), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND, INDEX CODE NO. 620101.-653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.16 CLAIM SETTLEMENT: LINDA ROSALYN SMITH ($30,750). RESOLUTION NO. 95-617 AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LINDA ROSALYN SMITH, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $30,750.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 94- 2436-CA 32, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND, INDEX CODE NO. 620101-651. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.17 CLAIM SETTLEMENT: DAVID RITCHEY ($35,000). RESOLUTION NO.95-618 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DAVID RITCHEY THE SUM OF $35,000.00, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT CASE NO. 95-00089 CA (10), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR, FROM THE CITY OF MIAMI INSURANCE AND SELF-INSURANCE TRUST FUND, INDEX CODE NO. 620101-652. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) .15 _ September 1-4, 19.95 L 1.18 APPROVE ENGAGEMENT OF WEISS, SEROTA & HELFMAN, P.A. -- TO SERVE AS COUNSEL FOR COMMISSIONER VICTOR DE YURRE BEFORE U.S. DISTRICT COURT FOR PRETRIAL LITIGATION SERVICES IN CONNECTION WITH CASE: GERALDO LOPEZ MORALES ET AL. v. CITY OF MIAMI, CESAR H. ODIO AND VICTOR DE YURRE (95-1584-CIV-MORENO) -- ALLOCATE $15,000 (INTERIM FEE). RESOLUTION NO.95-619 A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW FIRM OF WEISS, SEROTA & HELFMAN, P.A. TO SERVE AS COUNSEL FOR VICTOR H. DE YURRE, CITY OF MIAMI COMMISSIONER, BEFORE THE UNITED STATES DISTRICT COURT FOR THE PRE-TRIAL LITIGATION SERVICES IN CONNECTION WITH THE CASE OF GERALDO LOPEZ MORALES, ET AL. V. CITY OF MIAMI, CESAR H. ODIO AND VICTOR DE YURRE, CASE NO, 95-1584-CIV-MORENO, WITH THE INTERIM FEE FOR SUCH SERVICES NOT TO EXCEED $15,000.00; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.620101-661. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.19 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH: HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE) -- TO PROVIDE AN ADMINISTRATIVE GRANT ($50,000) (PROJECT 799302) -- FOR IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT, EDUCATIONAL OUTREACH ACTIVITIES AND INVESTIGATION DISCRIMINATION COMPLAINTS WITHIN CITY'S HOUSING PROGRAMS FOR LOW / MODERATE INCOME PERSONS -- ALLOCATE FUNDS FROM UNEXPENDED 21ST YEAR CDBG. RESOLUTION NO.95-620 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. ("HOPE"), TO PROVIDE AN ADMINISTRATIVE GRANT, IN THE AMOUNT OF $50,000.00 ( PROJECT NO. 799302), FOR THE IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT, EDUCATIONAL OUTREACH ACTIVITIES AND INVESTIGATION OF HOUSING DISCRIMINATION COMPLAINTS WITHIN THE CITY'S HOUSING PROGRAMS FOR THE BENEFIT OF LOW AND MODERATE INCOME PERSONS; ALLOCATING FUNDS THEREFORE FROM UNEXPENDED 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 16 September 14, 1995 P 1.20 ALLOCATE UNEXPENDED 21ST YEAR CDBG FUNDS ($100,000) -- FOR RENOVATION OF THE HOPE CENTER BUILDING FACILITY (PROJECT 799404) AT 666 SW 4 STREET -- EXECUTE AGREEMENT WITH HOPE CENTER, INC. RESOLUTION NO. 95-621 A RESOLUTION ALLOCATING UNEXPENDED 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $100,000.00 FOR THE "RENOVATION OF THE HOPE CENTER BUILDING FACILITY (PROJECT NO. 799404)", LOCATED AT 666 SOUTHWEST 4TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE HOPE CENTER, INC. FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.21 AUTHORIZE MANAGER TO EXTEND CONTRACTS (AT SAME PRICE / TERMS / CONDITIONS) WITH MARTIN'S LAMAR UNIFORMS -- FOR POLICE UNIFORMS _ _ AND- LEATHER GOODS (TO SEPTEMBER.30, 1996). RESOLUTION NO. 95-622 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND AT THE SAME PRICE, TERMS AND CONDITIONS; WITH MARTIN'S LAMAR UNIFORMS FOR POLICE UNIFORMS AND LEATHER GOODS TO SEPTEMBER 30, 1996; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE 290201-075. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.22 AUTHORIZE MANAGER TO ENTER INTO MUTUAL AID AGREEMENT WITH FLORIDA CITY POLICE DEPARTMENT -- TO IMPLEMENT THE FLORIDA MUTUAL AID ACT PROGRAM. RESOLUTION NO. 95-623 A RESOLUTION, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON BEHALF OF THE CITY OF MIAMI WITH THE FLORIDA CITY POLICE DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE FLORIDA MUTUAL AID ACT PROGRAM WITH SAID LAW ENFORCEMENT AGENCY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) I 17 September 14, 1995 L 1.23 RATIFY MANAGER'S EMERGENCY ACTION IN DECLARING AN EXEMPTION FROM PROHIBITIONS IN CODE SECTION 36-4(a) (NOISE ORDINANCE) -- IN CONNECTION WITH FEATURE LENGTH FILM: "THE SUBSTITUTE" -- AT MIAMI SENIOR HIGH SCHOOL. RESOLUTION NO.95-624 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY ACTION IN DECLARING AN EXEMPTION FROM THE PROHIBITIONS CONTAINED IN SECTION 36-4(a) OF THE CITY CODE (THE "NOISE ORDINANCE") FOR DATES SPECIFIED HEREIN IN CONNECTION WITH THE FILMING OF CERTAIN ACTION SEQUENCES FOR THE FEATURE LENGTH FILM ENTITLED "THE SUBSTITUTE" AT MIAMI SENIOR HIGH SCHOOL; FURTHER, APPROVING AN EXEMPTION FROM THE NOISE ORDINANCE FOR THE FILMING OF CERTAIN ACTION DATES SPECIFIED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.24 RATIFY MANAGER'S ACTION IN ACCEPTING TEMPORARY DONATION OF: (1) HISTORICAL MURALS DEPICTING GROWTH OF CITY OF MIAMI DURING ITS 100 YEAR HISTORY (FROM THE HISTORICAL MUSEUM OF SOUTH FLORIDA) -- TO BE DISPLAYED IN THE COMMITTEE OF THE WHOLE (C.O.W.) ROOM, CITY HALL, AND (2) SERVICES NECESSARY TO PROVIDE LIGHTING FOR SAID MURALS -- FROM MIAMI STAGE LIGHTING, INC. -- DISPLAY TO BE EXHIBITED AUGUST,1995-DECEMBER, 1996. RESOLUTION NO.95-625 A RESOLUTION RATIFYING AND APPROVING THE CITY MANAGER'S ACTION IN ACCEPTING THE TEMPORARY DONATION OF (1) HISTORICAL MURALS DEPICTING THE GROWTH OF THE CITY OF MIAMI DURING ITS 100 YEAR HISTORY FROM THE HISTORICAL MUSEUM OF SOUTH FLORIDA, SAID MURALS TO BE DISPLAYED IN THE CONFERENCE OF THE WHOLE ("C.O.W.") ROOM AT CITY HALL AND (2) THE SERVICES NECESSARY TO PROVIDE LIGHTING FOR SAID MURALS FROM MIAMI STAGE LIGHTING, INC., SAID DISPLAY TO BE EXHIBITED FOR THE PERIOD COMMENCING AUGUST 1995 AND ENDING DECEMBER 1996. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 18 September 14, 1995 1.25 CODESIGNATE NW 11 AVENUE FROM NW 14 STREET TO NW 14 TERRACE AS: BUONICONTI DRIVE. RESOLUTION NO.95-626 A RESOLUTION CODESIGNATING NORTHWEST 11TH AVENUE, FROM NORTHWEST 14TH STREET TO NORTHWEST 14TH TERRACE, MIAMI, FLORIDA, AS "BUONICONTI DRIVE." FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.26 ACCEPT PLAT: LA PLAYA ESTATES. RESOLUTION NO. 95-627 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED LA PLAYA ESTATES, 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; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; 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.) ---------------------------------------------------------------------------------------------------------------- 2. EMERGENCY ORDINANCE: AMEND CODE SECTION 2-13 (ORDER OF BUSINESS AND RULES OF PROCEDURE) -- CHANGE REQUIREMENT OF READING MINUTES AT COMMISSION MEETINGS -- CHANGE TIME ITEMS MAY BE SCHEDULED. Vice Mayor Plummer: Item 2, emergency ordinance amending the Code of the City of Miami entitled "Order of Business and Rules of Procedure." It also goes on to reading the minutes of the Commission meeting and change the time at which items may be scheduled for a Commission meeting. I think, for the edification of the public, this would eliminate people having to sit here all day when we have gaps in our agendas. Does anybody wish to speak on item number 2? Regular Commission agenda. Commissioner Gort: Move it. 19 September 14, 1995 I 14* Vice Mayor Plummer: Moved by Commissioner Gort. Seconded by? Hello? Commissioner Dawkins: By Commissioner Plummer. Vice Mayor Plummer: Commissioner Plummer, the Chair. Read the ordinance, please. Call the roll for an emergency matter. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 2-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ORDER OF BUSINESS AND RULES OF PROCEDURE, TO (1) CHANGE THE PROCEDURE REQUIRING THE READING OF MINUTES AT A COMMISSION MEETING, AND (2) CHANGE THE TIME AT WHICH ITEMS MAY BE SCHEDULED AT A COMMISSION MEETING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort and seconded by Vice Mayor Plummer, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: NAYS: ABSENT: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. None. Mayor Stephen P. Clark Whereupon the Commission on motion of Commissioner Gort and seconded by Vice Mayor Plummer, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11293. 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. 20 September 14, 1995 ----------------------------------------------------------------------------------- -- 3. (A) RATIFY MANAGER'S FINDING OF EMERGENCY WAIVE SEALED BIDS -- AUTHORIZE MANAGER TO ACCEPT LOWEST RESPONSIVE / RESPONSIBLE INFORMAL BID -- FOR CONSTRUCTION OF CITY STORM SEWERS AT NW 34 STREET AND NW 9 AVENUE, NW 29 AVENUE AND NW 36 STREET -- ALLOCATE $130,000 FROM CIP 352295 -- EXECUTE CONTRACT. (B) COMMISSIONER DAWKINS REQUESTS MEETING WITH ADMINISTRATION TO REVIEW LACK OF SEWERS AND CURBS AT NW 17 TO 18 AVENUES AND NW 41 TO 54 STREETS AREA. Vice Mayor Plummer: To my colleagues, would you like to hold the personal items until the Mayor arrives... Commissioner Gort: Yes. Vice Mayor Plummer: ... or do you want to proceed with them? OK. He should be here for these, so we'll go over. The next item we will work on is item number 9, regular agenda item .__.-_..—..number 9. This is accepting responsible bids for the. -construction of storm sewers on Northwest _- 34th Street and 9th Avenue and 29th Avenue and 36th Street. The cost, a hundred and thirty thousand ($130,000). Is there anyone. here wishing to speak on item number 9? Commissioner Dawkins: I... I'm sorry, I'll wait. Vice Mayor Plummer: No one has appeared to show any objection or approval. Is there a motion? Commissioner Gort: Yes. If you recall, this is one of the actions taken because of the presentation that was made by the 36th Street merchants, the problems that we're having in that area. For that reason, I move it. Vice Mayor Plummer: Moved by Gort. Seconded by... Commissioner Dawkins: Dawkins, under discussion. Vice Mayor Plummer: Dawkins. Under discussion. Go ahead, sir. Commissioner Dawkins: I constantly sit here, and I constantly see waiving the requirements for competitive sealed bids. I constantly sit here and tell you, all of us, that from 17th Avenue and 41st Street to the middle of 18th Avenue, which is the City limits, from 41st Street to 54th Street, there are no sewers, no curbings, and there are no storm sewers. And I never see a competitive bid bypassed in order to put curbing in that area. Now, at the next Commission meeting, Mr. Manager, I want you to have your Public Works Department meet with me, and I'm going to ride out there with them, and show them these areas that need these same types of services. And we will bring it back at the next Commission meeting with waiving the requirements for competitive bids, pass it, and get the work done. That's my... Mr. Cesar Odio (City Manager): Just for the record, we did get competitive bids. The only thing is... 21 September 14, 1995 L. J I Commissioner Dawkins: No, no, no, sealed competitive bids. OK? Mr. Odio: OK. But we did get... Commissioner Dawkins: No, see, but... Mr. Odio: No, that's OK. Commissioner Dawkins: OK, let me ask you a question, see, because I don't want to get into this. Mr. Odio: Fine. We'll do it in the next meeting, Commissioner. l Commissioner Dawkins: OK? OK? In the area where you are, it's fine. Of the sealed j competitive bidders, how many of them were female? The three, the ones that you called. Now, see, these are ones you called. You did not put it out competitively. You called to get competitive prices. How many of them were female? Mr. Jim Kay: There were no females. Commissioner Dawkins: How many of them were black? Mr. Kay: There were no black ones. Commissioner Dawkins: OK. But they're out there. So now, let's find... I will sit with you and see that when we call, we call some of these people, that's all I'm saying. Thank you. No further discussion. Vice Mayor Plummer: You make your point very clear. Commissioner Dawkins: Thank you. Vice Mayor Plummer: All right. Call the roll. It's a resolution. 22 September 14, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-628 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTS, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE INFORMAL BID FOR THE CONSTRUCTION OF CITY STORM SEWERS AT N.W. 34 STREET AND N.W. 9 AVENUE AND AT N.W. 29 AVENUE AND N.W. 36 STREET, MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $130,000, FROM PROJECT NO. 352295 AS APPROPRIATED BY THE CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER. (Here follows body of resolution, omitted here and on file in the Office of the City - Clerk.) ___.___..__..-....... __.... Upon.-being..seconded by Commissioner Dawwkins, 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: None. ABSENT: Mayor Stephen P. Clark -------------------- -------------------------------------------------------------------------------------------- 4. (A) DISCUSS AND DEFER FOR MORE INFORMATION AGENDA ITEMS 10, 11 & 12 CONCERNING THE GOOMBAY PLAZA PROJECT. (B) VICE MAYOR PLUMMER REQUESTS THAT THE TIME CLOCK BE MOVED TO A MORE VISIBLE LOCATION FOR THE AUDIENCE. t---------------------------------------------------------------------------------------------------------------- I Vice Mayor Plummer: Item number 10. Do you want to take that up now, or do you want to wait for the Mayor? Commissioner Dawkins: No, no, we can take that up. Vice Mayor Plummer: OK. Item number 10 is a 108 loan in the amount of two million dollars for the Coconut Grove Local Development Corporation for the development of the Goombay Plaza Project from a- 108 loan, an Economic Development Initiative Grant of three hundred thousand ($300,000) from the U.S. Department'of Housing and Urban Development. Is there j 23. _ September 1.4, 1995 L PAO anyone here to speak on item 10? Mr. Alexander, approach the podium. OK, you all can approach the podium and that will just help us speed things along, and I'm going to take ladies first. Frankie Rolle. For the record, tell us who you are and your mailing address. Ms. Frankie Rolle: My name is Frankie Rolle. I reside at 3430 Williams Avenue. I have a real problem. Vice Mayor Plummer: Excuse me for one moment, Frankie, if you would. Mr. Clerk, would you put the clock on, sir. Two minutes for each speaker. I'm sorry, proceed. Ms. Rolle: I have a real problem with 9, 10 and 11. The reason... Well, I'll just talk on 9. Vice Mayor Plummer: Wait, wait a minute. Nine? Mr. Frank Castaneda: No, it's 10, 11 and 12. Ms. Rolle: OK, 10, 11 and 12. I hadn't checked it. I'm sorry. Vice Mayor Plummer: All right. Bingo. Ms. Rolle: We have, in our community, a Community City Advisory Board. I sit on the Community Development Advisory Board, and in all the meetings that I have attended, I've heard nothing. concerning this item. There has been no_ community meeting held on this item, and I feel that it's no more than fair that the people in the community, as Mr. Smith wrote in his article, the street people have a chance to know what's going on in our community. I feel that our community is being raped, so to speak, by a special interest group at the behest of. the Community Development Corporation. I feel that some of the applications they have submitted have been fraudulent applications, and we are going a little bit further than this Commission. And I just want to say to the Commissioners that if you investigate into these application blanks and things, you'll find a whole lot of fraudulent information, and a whole lot of people stand to gain from these, and naturally, when people have their money invested, they want a return. But they shouldn't have a return standing on somebody else's back. And you can... You all are privileged to do whatever you choose to do about it, but please don't believe that this will be the end of this situation. Vice Mayor Plummer: Thank you. Mr. Cesar Odio (City Manager): Commissioner, may I, sir? Vice Mayor Plummer: Mr. Odio. Mr. Odio: Mrs. Rolle, I was told... The first thing I always ask is, "Has this been through the neighborhood?" You chaired a meeting three months ago on this subject. Mr. Castaneda: Yeah. Mr. Odio: So how can you say we didn't meet with the neighborhood? Ms. Rolle: The meeting that was held - and I have a copy of the letter that was sent out - the letter... Mr. Odio: Did you not chair that meeting? Ms. Rolle: Wait a minute. 24 September 14, 1995 4 4, � . Mr. Odio: Just answer my question. Ms. Rolle: I was there, yeah. The meeting that was held, there was a letter sent out by the LDC (Local Development Corporation) to Mr. Green, asking all the people of the GUTS (Grovites United to Survive) Committee to be sure and be there and have their families. I happened to accident up in the center at that time, and asked what was going on. I was not notified that there was a meeting being held. And I approached Frank, and I told him that, that I did not appreciate him having a meeting in our community. That meeting resolved nothing, resolved nothing, absolutely nothing. Vice Mayor Plummer: OK. Thank you. Next speaker. Mrs. Gibson, you wish to speak? Ms. Thelma Gibson: I'd rather the opposition go first. Vice Mayor Plummer: We got a double barrel. Now we got Billy Rolle. Don't you all argue. One of you step up and take over. You know Madam - I keep saying Madam Clerk - Mr. Clerk. Mr. Walter Foeman (City Clerk): Yes, sir. Vice Mayor Plummer: You know what you need in this auditorium? You need that clock up here so that speakers can see how much time they have left. They can't look at us and back there at.the same. time... Airs.__Gibson, your name and mailing address, please. Ms. Gibson: I'm Thelma Anderson Gibson from 3661 Franklin Avenue, Coconut Grove, 33133. Phone number is 442-9613. And I'm here to speak on behalf of this item primarily because we've been at this for ten years. And this community has been well aware of the fact that the GUTS Project has been out there. They know that we have borrowed money from the City. We've got a loan from the City that we can't even begin to pay back, and I think that it's important that everybody realizes that any loan that we get, we expect to pay it back. Now, there are 20 black members of GUTS. We're all black. There's no interest that I know of except those of us who put our little monies in there. We're all poor people that came up with some money, and put it together, and decided we wanted to do something on the corners of Grand and Douglas. There was a perception of Grand and Douglas, and more than just a perception. I think everybody who's sitting here knows what happened on Grand and Douglas. For many, many years, we had many people who were afraid to come on Grand and Douglas because they would have their purse snatched, or their jewelry taken away, or something would happen to them as they come through there. And we were about self-determination, so that, yes, I was the person that went to the blacks in the community and asked them... I've been criticized for this. I have a person standing there who said that I went out and found people that didn't have any idea of economic development, and had them to put some monies together and did what we were doing. Now, we had a lot of people that we asked to put monies into that, and they didn't have it, and so we went about getting those people who could come up with five thousand dollars T$5,000). And we found 20 people who could do that. So we had the hundred thousand dollars 00,000), and we decided we wanted to do something. Now, anybody sitting here cannot say that something hasn't been done to clear up the situation on Grand and Douglas. And that was monies... Vice Mayor Plummer: Ten seconds to wrap up, please. Ms. Gibson: Well, you know, I can't say it all in two minutes. I'm sorry, Mr. Vice Mayor. I have to tell this whole story, because it's history, and the history needs to go down in the book, because, you know, I get tired of people always saying it's Thelma Gibson wanting one thing and Frankie Rolle wanting another thing. 25 September 1.4, 1995 - L Vice Mayor Plummer: OK. Run the clock the other way. We've got to give equal time. Ms. Gibson: And I need... You know, I need you to know that I want what's best for Coconut Grove, for the Community of Coconut Grove, not for Thelma Gibson. I think all of you who realize, I'm already 68 years old, will be 69 in December, and I don't have but so much longer to live. But somebody's children will enjoy being able to live in Coconut Grove, in a safe community, where they could walk Grand and Douglas and not have to be afraid there. So all we want to do is to clean up that area and continue to do what we've been doing. And the Goombay Plaza is the thing that will help to do that. And I would ask the Commission if they would look favorably upon this loan, because all we want to do is to finish what we started ten years ago. Thank you. Vice Mayor Plummer: Thank you, ma'am. Do you kids want to go back to school? I mean, if you're in a hurry to go back to school, I'll take you next. Are you really in a hurry to go back to school? Commissioner Dawkins: No. J.L.... Vice Mayor• Plummer: I thought you wanted to get out of here and go back to school. Commissioner Dawkins: J.L., J.L. Vice Mayor Plummer: Sir. Commissioner Dawkins: They have to be the next item. Vice Mayor Plummer: Why? Commissioner Dawkins: In that we are overcrowded, and I would hate for Chief Gimenez to come up here and tell us you got to vacate the building. Vice Mayor Plummer: Well, I was going to get the Chief to sit up in the middle of them there and protect each and every one of them. Commissioner Dawkins: OK. Well, bring in... Where is the Chief of Police - I mean Fire Chief? Come sit in the middle so you - we can say you were a part of it. Vice Mayor Plummer: All right. You guys don't want to be next? You're in no hurry to get back to school? No. Now, you're sure? Huh? I mean, if you get back by lunchtime, that will be all right? How about for physical education, is that even better? Unidentified Speaker: Hey, yeah. Vice Mayor Plummer: OK. All right. We're going to give you a reprieve for a couple of minutes. Mr. Rolle, I would ask you, sir, for your name, your mailing address and to be brief, and not repetitious, please. Mr. William Rolle: William Rolle, 3430 Williams Avenue, Coconut Grove. I come representing a few black merchants on Grand Avenue that have not been counted. If we say what... Goombay Plaza has nothing to do with Goombay Festival. In some cases, the developer uses Goombay, and at some sites, they use Tikki Property. The main thing is, you can use the name, but that it has nothing to do with the festival people. It wants to be a restaurant and a bar. Now, the late Commissioner Gibson fought to move four bars from that corner. Now, we are 26 September 14, 1995 slipping another bar on the corner in the name of Tikki Property in Goombay Plaza. The last meeting we had on this item was October 25th at the resource center. Mr. Castaneda was there from the City. The item failed in that little meeting there. The next time we heard of this meeting was in the Neighbors on August 31st, as to the public hearing here. There have been no studies or traffic survey, parking, density, nothing of that sort. We know when you go in, you have all these things for other developments, the developer, the City and the neighborhood. Like they passed out a paper on a situation where really GUTS are selling out to LCD. This is the letter I will pass to you. Vice Mayor Plummer: Excuse me. For my edification, who is Mr. Walter Green? Mr. Rolle: President of GUTS. Vice Mayor Plummer: OK. Mr. Rolle: What happened, I think they asked for the loan, the 108 grant, in the name of GUTS. Vice Mayor Plummer: You have... We're giving you an additional 40 seconds because of the previous speaker. Mr. Rolle: OK. And what's happening now is, after the grant looks like it's coming through, they want to buy GUTS out for a 49-year lease, pay all the five thousand ($5,000) they put in and solve.the debt.that_they owe the City. I wish I could -do that, but I couldn't. I was foreclosed on. And they're scot free after ten years, five thousand dollars ($5,000). We put up two hundred thousand ($200,000), and it's gone and it's lost. But they're going to receive the five thousand ($5,000), you're helping them pay it off. That's a sweet deal. Thank you. Vice Mayor Plummer: Thank you. Just for the record, if we may, and Mr. Rolle presented this, the actual notification in the Miami Herald of this meeting today in reference to this subject. Mr. McKnight, if you would for the record, sir, your name and mailing address. You have two minutes. Mr. Irby McKnight: Irby McKnight, 1600 Northwest 3rd Avenue. Mr. Castaneda, is this an issue for the Citywide Advisory Board? Mr. Castaneda: No, not really. This project has been in the Coconut Grove community for a number of years. We had meetings in the Coconut Grove area. Frankie Rolle was there, and she chaired that meeting, and we discussed the issue. I know that there is disagreement in the community about this project. Vice Mayor Plummer: Castaneda, his question could have been answered with "yes" or "no." Mr. Castaneda: No. The answer is no. No. Vice Mayor Plummer: OK? If you want to editorialize, do it after the meeting is over, please. Mr. McKnight, do you have further questions? Mr. McKnight: No, thank you. Vice Mayor Plummer: Thank you, sir. And here comes... Ms. Esther Mae Armbrister: Armbrister. Vice Mayor Plummer: There she is. Ms. Armbrister, for the record, your name and mailing address, and you have two minutes, ma'am. 27 September 14, 1995 I Ms. Armbrister: Good morning. My name is Esther Armbrister. I live at 3350 Charles Avenue, Coconut Grove, zip code 33133. 1 cannot understand how... This has been going on so long until it's pitiful. You continue to let these people occupy those buildings and put that blasted parking lot behind them, and the parking lot that you allowed them to build there for further parking has caused nothing but trouble in Coconut Grove. You have people there who are shooting up and doing other little things that, you know, you don't want to hear about, and here, it's in a residential area, and they are not going to do any darn thing about the thing. The building has been vacant for the past 15 or 20 years. You keep on throwing money into something that is not creating anything but problems, and I wish you would dismiss that, and the part of the money, the two million dollars ($2,000,000) that you're planning to give or loan or whatever, please talk to the people in the community before you do it, so we can get some of it. Thank you. Vice Mayor Plummer: Thank you, ma'am. May I please request that everybody that is standing in the back, make the policeman's life a lot easier by coming in and having a seat, and closing the doors. Again, please come in and have a seat. There's no extra charge. Sir, your name and mailing address for the record. Mr. Mustafa Amin: My name is Mustafa Amin. I live at 3841 Charles Terrace in the West Grove target area. My... I came here today because for the past 12 years, we in Coconut Grove area, the target area, we've gone through this development illusion. And yesterday, in _..______....Washington,..-we __-filed a complaint before HUD .(Department of Housing and Urban Development) through the law firm of Edward, Bennett, Williams and Conley, because we're a little tired of what's happening down in our area. The City of Miami needs to get up off of their ends and come and find out what's going on, because there's a lot of misrepresentation here, and even to the point of criminality and fraud. And then we can have the people come here and ask the City of Miami to give two point three million dollars ($2.3 million) of the public money to people who are under serious question. We have brought some serious things to the attention of HUD yesterday, in Washington. If it need to be, we'll bring a lawsuit in Federal court to stop it. And all I'm asking the City of Miami - we've asked Dade County before, also, too. We're not getting what's due. You're being misled and deceived, and the people in our community know that they're being misled and deceived. Vice Mayor Plummer: Thank you, sir. Mr. Amin: And all we ask you, this Commission, is to take time to do the proper investigation, so that we have the proper development program. Because, believe me, we will bring the lawsuit in Federal court if we have to. Thank you, sir. Vice Mayor Plummer: Thank you, sir. Henry, your name and mailing address, please. Mr. Henry Lee Gibbons: Good morning. My name is Henry Lee Gibbons. My address is 10500 Southwest... Vice Mayor Plummer: He makes the best conch chowder in town. Mr. Gibbons: You can tell.... Southwest 149th Street, Miami, 33176. My mother, the late Miriah Louise Gibbons, was one of the founding members of GUTS. It was my mother's intention, along with four or five other members of that organization who are no longer with us, to try and do something that was positive, and that was good, and that would be for the benefit of the entire community, with emphasis on the Afro-American community. My mother, along with Mrs. Gibson and the rest of the investors of that organization has asked for nothing for themselves. The only thing they have asked is that this community and this Commission support 28 September 14, 1995 r them in trying to create a better atmosphere for the entire community of Coconut Grove. Thank you. Vice Mayor Plummer: Thank you, sir. Mr. Alexander, you're going to wrap it up, sir. You have two minutes. For the record, your name and mailing address, please. Mr. David Alexander: Good morning. My name is David Alexander. I'm executive director of Coconut Grove Local Development Corporation. In deference to the opposition, may I say that this project has been under careful scrutiny by HUD, by the City of Miami, and supported by both organizations for the past eight and a half years. We have so far spent about four hundred and fifty thousand dollars ($450,000) in acquisitions related to the Goombay Plaza Project. We've had three civil disturbances in this community in six months. Last week, Thursday night, we had another store window at Grand and Douglas smashed and robbed. We must do something to change the character of this community. This project will create 114 jobs. It will create 17 small businesses, and contrary to what has been said today, we are not asking for a grant. This is a loan backed by the full faith and credit of the City of Miami, and we ask you gentlemen to support us. Thank you very much. Vice Mayor Plummer: All right. I'll close the public hearing at this time and ask for comments of the Commission. Mr. Gort. Commissioner Gort: About two weeks ago, I had a meeting with a group of individuals from _....._...._ . _ Coconut _Grove,._ and we discussed... and this item came up, and I asked at that time... I understand and I've heard about... I've been hearing about this program for a long time now, but I actually did not see the proposal itself, and I don't know if the other Commissioners have seen it, and I don't know if we have a problem with time, but I would like to, personally, I would like to defer, and look at it in detail, because I know I've heard about this, and we've been talking about this being done for the last ten years, like you said, but I haven't seen any actual program, how it's going to go, the feasibility study or any of that. Mr. Alexander: May I respond, Commissioner? Vice Mayor Plummer: Yes, go ahead. Commissioner Gort: Yes, he can respond, but I haven't seen it. Mr. Alexander: The problem is, we're not in a position today to present a program to you, because we have to complete design development and our development plan, and our intention today is to ask you to approve the loan and the grant, and then we can move forward to produce such documentation at which time we'll come back to the Manager and the Commission. Vice Mayor Plummer: I think that... Mr. Gort, if I may. Mr. Manager, I think he expresses a great concern, and I share with him. Is there a second bite of the apple? If we were to approve the loan today, prior to receiving the full plan, is there a way that this Commission can say stop, we don't want it? Mr. Manager, Frank? Mr. Castaneda: If that is the wish of the Commission, we can approve the loan and put in the contract phases which would need to come to the City Commission before we proceed to a second phase or a third phase. Vice Mayor Plummer: OK. Mr. Gort, whatever you want to do. Commissioner Gort: You guys have been here longer than I have. You have looked at it, I imagine, and... 29 September 14, 1995 Vice Mayor Plummer: It's up to you, sir. What do you want to do? You've got the floor. Commissioner Gort: I would like to defer this matter until the next meeting. Vice Mayor Plummer: There is a motion on the floor. Commissioner Dawkins: Second the motion. Vice Mayor Plummer: There is a motion to defer. Is there a second? Commissioner Gort: And I'd like to get... Excuse me. Vice Mayor Plummer: OK. Commissioner Gort: The reason I'd like to defer this meeting is because I'd like to get more information on the project itself. Vice Mayor Plummer: Is there a second for the motion to defer? Commissioner Dawkins: If the Commissioner feels that he needs more time to review the information, I must concur with the Commissioner, because he is a newly elected Commissioner. isn't familiar with this, and we owe him that right to.have everything in his hand to look at, so that he can intelligently make a decision, and I second the motion. Vice Mayor Plummer: All right. There's a motion and duly seconded. Is there, to the maker of the motion, do you want this back on the 28th, or do you want it back... Commissioner Gort: I want it back on the 28th if they can get the information to me. Vice Mayor Plummer: All right. So then... Commissioner Dawkins: Mr. Alexander, can you get the information back on the 28th, or do you need longer? Mr. Alexander: We can get it, Commissioner. Vice Mayor Plummer: All right. Well, I think, in all honesty, that that information, whatever you're going to provide, should be in the hands of the City Commissioners five days prior to the meeting, which would be the 21st. No. Commissioner Gort: The 22nd. Vice Mayor Plummer: The 22nd. And as such, a copy should be made available to the general public through your office, Mr. Castaneda. OK? And the public will have the right to go to your office from the 22nd day up until the hearing to look and to offer comments and criticism at the Commission. The motion is now to defer. Call the roll. Commissioner Dawkins: Can I add one thing? Vice Mayor Plummer: Yes, sir, of course, Mr. Dawkins. Commissioner Dawkins: Instead of Mr. Castaneda's office, a copy should be available... copies should be made available at the Clerk's Office. - 30 September 1-4, 1995 i Vice Mayor Plummer: All right, sir. How about both? Commissioner Dawkins: OK, both. Vice Mayor Plummer: All right, sir. Call the roll, please. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER GORT AND SECONDED BY COMMISSIONER DAWKINS, ITEMS 10, 11, AND 12 WERE DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark Vice Mayor Plummer: Mr. Gort, I'm understanding that that was item 10, 11 and 12, since they're all companions. . Commissioner Gort: They're all companions. Vice Mayor Plummer: Mr. Clerk, would you so note? Mr. Walter Foeman (City Clerk): Yes. Vice Mayor Plummer: Ten, 11 and 12, all... OK. So we will be back on the 28th, hopefully, if all of the information is here. ----------------------------------------------------------------------------------------------------------- 5. RATIFY MANAGER'S FINDING THAT EMERGENCY NEED EXISTED -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE REPAIR OF THE AIR CONDITIONING SYSTEM AT FIRE STATIONS 1 AND 5, AND FIRE TRAINING FACILITY BY TOTAL AIR SERVICES, INC. -- ALLOCATE $121,800 (FROM FIRE -RESCUE DEPARTMENT FY 1994-95 GENERAL FUND FIRE BUDGET AND HURRICANE ANDREW INSURANCE PROCEEDS). Vice Mayor Plummer: Item number 13, a resolution ratifying and confirming the City Manager's finding for Fire Stations 1, 5 and fire training facility to replace the air conditioning at a cost of a hundred and twenty-one thousand eight hundred dollars ($121,800). Commissioner Dawkins: What item? Vice Mayor Plummer: Item number 13. Is there any discussion? Is there a motion? Commissioner Dawkins: Thirteen. 31 September 14, 1995 Commissioner Gort: Move it. Vice Mayor Plummer: Moved by Gort, seconded by Dawkins. I've already put the fire training facility in it. Lt. Joseph Longueira: Thank you, Commissioner. Vice Mayor Plummer: Send me part of your salary. OK, call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO.95-629 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE REPAIR OF THE AIR CONDITIONING SYSTEM AT FIRE STATIONS 1 AND 5 AND THE FIRE TRAINING FACILITY BY TOTAL AIR SERVICES, INC., AT A COST OF $121,800.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF FIRE -RESCUE FY 1994-95 GENERAL FUND FIRE BUDGET AND HURRICANE ANDREW INSURANCE PROCEEDS; 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. NAYS: None. ABSENT: Mayor Stephen P. Clark COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: Again, here we go with this noncompetitive bid. I need to see some people, what we're talking about, sir. Mr. Cesar Odio (City Manager): The reason for this emergency was... Commissioner Dawkins: No, no, no. I'm not... I know what the emergency is. OK? But just like we called who you called, we need to call some other people, Mr. Manager. Mr. Odio: OK. 32 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 6. AUTHORIZE NEGOTIATION OF $30,000,000 LOAN -- FROM THE SUNSHINE GOVERNMENTAL FINANCING COMMISSION (1) TO REFUND CERTAIN OUTSTANDING OBLIGATIONS INCURRED TO FINANCE CERTAIN CAPITAL IMPROVEMENTS, AND (2) ACQUIRE / CONSTRUCT / ERECT CERTAIN OTHER CAPITAL IMPROVEMENTS -- APPROVE EXECUTION / DELIVERY OF LOAN AND TAX REGULATORY AGREEMENTS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Item 14. We're trying to find the Mayor, and we're holding these kids here with a big rope, and we don't want you to go nowhere but back to school, and when the Mayor gets here, he's going to say hello to each and every one of you. Item 14. Mr. Cesar Odio (City Manager): Commissioner Plummer, that was your work at the State level. Remember, we had the... refinanced the Orange Bowl. Vice Mayor Plummer: That is correct, sir. Mr. Manuel Gonzalez-Goenaga: May I say something?. _ Mr. Odio: And we appreciate your work there, because this would have come due now as a lump sum payment. Thanks to your work in that committee, we have been able to refinance this. Vice Mayor Plummer: All right. Mr. Goenaga, sir, for the public hearing, item number 14, if you will, state your name and your mailing address, please. You have two minutes. Mr. Gonzalez-Goenaga: My name is Manny "Boom -Boom" Gonzalez. My address is 2469 Southwest 14th Street. Well, I just want to make a point that we are borrowing again from Peter to pay Pan. And of course, because of the availability of government authorities, we will be paying a small interest rate. But I wonder - and please correct me, because with the lack of the information that I have been provided when I have made plenty of public record requests, and they are never answered, or they are delayed, and when I get them, I get misleading information - I would like to know if you consider the pensions of ten million dollars ($10,000,000) that have to be paid as a capital improvement. Because I am so... so concerned. Vice Mayor Plummer: Mr. Gonzalez. Mr. Gonzalez-Goenaga: Yes. Vice Mayor Plummer: You're asking on pension matters relating here? Mr. Gonzalez-Goenaga: Well, because we have a cash flow problem. Do you accept that, Mr. Plummer? Well, if you are not... Vice Mayor Plummer: Well I... Mr. Gonzalez-Goenaga: I don't know if you are knowledgeable of it. But Mr. Odio... Vice Mayor Plummer: I am very knowledgeable, sir. 33 September 14, 1995 Mr. Gonzalez-Goenaga: Well, are we...? Do we have a cash flow problem, yes or no? Vice Mayor Plummer: No, no more so than we normally have at tax time, when we are waiting for people to pay their taxes and the County to pay us the money. Mr. Gonzalez-Goenaga: Could I have... Vice Mayor Plummer: Nor the reserve of five percent for those people who are dirty scoundrels who don't pay their taxes. No, sir, that's the only time that we have a cash flow. Mr. Gonzalez-Goenaga: Could I... Vice Mayor Plummer: May I finish? You asked me a question. Mr. Gonzalez-Goenaga: I'm sorry. Vice Mayor Plummer: The item that I would appreciate you speaking to, which is the item before us, sir, is a loan directly related to the Sunshine State. It has nothing to do with pensions. It is an item relating solely, in most cases, to the Orange Bowl. Mr. Gonzalez-Goenaga: Well, I'm glad you make this disclosure, and please, Mr. Odio, give me an answer to my previous requests for the ten million dollars ($10,000,000). No, no, in papers. I _... _ .. don't trust... Mr. Odio: I'll give you... Mr. Gonzalez-Goenaga: No, no, no. Everything in paper. Commissioner Dawkins: I cannot... I cannot sit here - hold it, Manny - and allow Manny to go away with that answer. Vice Mayor Plummer: All right, sir. Commissioner Dawkins: Manny, in the backup information, in Attachment A, it said, "Description of project to be required under construction, five rescue vehicles, acquisition, one million dollars ($1,000,000). Merrill Stevens Boatyard, one million dollars ($1,000,000). Orange Bowl improvement, one million six hundred thousand dollars ($1,600,000)." Mm-hmm. "Police headquarters building and parking, one million dollars ($1,000,000). Police cars, four and a half million dollars. Marina, one point two million dollars ($1.2 million). Computer equipment, four million two hundred thousand dollars ($4,200,000)." That is not all Orange Bowl renovations. Vice Mayor Plummer: Well, Sunshine, yes. All right, you got your answer, I think. Mr. Gonzalez-Goenaga: No, no, no. I am more confused than ever, because the Administration said they were for the Orange Bowl. You see, my citizens, this is the kind of... Well, but when I ask it in writing, why haven't you provided this before? Mr. Frank Castaneda: You never asked for it. Mr. Gonzalez-Goenaga: Oh, come on. This is a... a management of fraud and deceit. Vice Mayor Plummer: All right, all right. Mr. Gonzalez, have you got your answer now in writing, I believe? 34 September 14, 1995 Mr. Gonzalez-Goenaga: Yes, yes, finally. Vice Mayor Plummer: Thank you, sir. Commissioner Dawkins: Move the item. Vice Mayor Plummer: The item is moved by Commissioner Dawkins, seconded by the chair. Is there any further discussion in reference to the item? If not, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-630 A RESOLUTION WITH ATTACHMENTS AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $30,000,000 FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS INCURRED TO FINANCE CERTAIN CAPITAL IMPROVEMENTS AND FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND ERECTING CERTAIN OTHER CAPITAL IMPROVEMENTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND A TAX REGULATORY AGREEMENT; PROVIDING FOR THE REPAYMENT OF SUCH LOAN FROM CERTAIN LEGALLY AVAILABLE REVENUES OF THE CITY OF MIAMI; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. (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: None. ABSENT: Mayor Stephen P. Clark ---------------------------------------------------------------------------------------------------------------- 7. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED EMERGENCY ORDINANCE TO ESTABLISH NEW SPECIAL REVENUE FUND: THE UNITY COUNCIL OF MIAMI (TUCOM). (See label 10 & 76) Vice Mayor Plummer: OK. We're now going to jump over, and here again, we're waiting for the Mayor, who has asked to be here to be with the kids. Commissioner Dawkins: I don't think... Oh, that's right, that's Mayor Clark's request. OK. 35 September 14, 1995 Vice Mayor Plummer: Well, I'm going to jump over personal appearances, Mr. Dawkins. Commissioner Dawkins: OK. Go right ahead. Vice Mayor Plummer: I'm going to go to item 24. Item 24, an emergency ordinance establishing a new revenue fund entitled "The Unity Council of Miami." Mr. Gort, I... Commissioner Dawkins: Miami. Vice Mayor Plummer: Miami. Commissioner Dawkins: Miami. Vice Mayor Plummer: No, I'm not a tourist. Commissioner Gort: Miami. Vice Mayor Plummer: All right. Commissioner Gort: If you all recall, this is... Vice Mayor Plummer: All right. Mr. Gort, this is your item. Commissioner Gort: Yes. If you all recall... ------------------------------------------------ --------------------------------------------------------------- 8. BRIEF COMMENTS CONCERNING AGENDA ITEM 19 (ALLEGED POLICE BRUTALITY. (See label 27) Vice Mayor Plummer: Sir, are you here speaking on this item? Mr. J. Alex: I'm here speaking about the police killing of the black children. That's what I want to speak about. Vice Mayor Plummer: Sir, sir, excuse me. If you'd have a seat, please. We'll hear... Are you a scheduled item on the agenda? Mr. Alex: Sir? Vice Mayor Plummer: Are you a scheduled item on the agenda? Mr. Alex: I don't know. I haven't seen the agenda. But I do... I Vice Mayor Plummer: All right, sir. I suggest... I would suggest that you get a copy of the agenda... Mr. Alex: I want to ask permission to speak. I want to ask permission to speak. Vice Mayor Plummer: ...and see if you are listed on the agenda. We would ask you to do that, sir, and not disrupt the meeting at this time. 36 September 14, 1995 �., Mr. Alex: Well, I'm asking for permission to speak. Vice Mayor Plummer: I would ask that you please take a seat. Mr. Alex: I'm not disrupting the meeting. I'm asking for permission to speak about the police killing of our children. Vice Mayor Plummer: Sir, sir, I am not going to let you stand up there and speak without having procedure followed. Procedure says, again... Mr. Alex: Well, if that's the procedure, I'm asking for permission to speak. Vice Mayor Plummer: .... I ask you to look at the agenda to see if you're on there. If you're not, pocket items come after eight o'clock this evening, sir. And I would ask you to please abide by the rules and procedures of this Commission, as everybody else does. Mr. Alex: Well, I would like to ask a vote... I would like to ask a vote of this Commission as to whether or not we will be able to speak regarding the issue of police brutality and the killing of our children. Commissioner Dawkins: Have a seat. You will... Vice Mayor Plummer: Sir, you are out of order. Mr. Dawkins, Commissioner Dawkins: Mr. Alex, Mr. Alex. Mr. Alex: Yes, sir. Commissioner Dawkins: Item 8, as per Commissioner Dawkin's request, is a discussion regarding anticipated relocation of the robbery unit. That has to do with crime. If you would wait until that time, I will ask to hear you at that time. Vice Mayor Plummer: OK. That will be fine, sir. Mr. Alex: Item what, sir? Vice Mayor Plummer: Mr. Alex, you understand that? Commissioner Dawkins: Item 8. Vice Mayor Plummer: That will be fine, sir. Thank you. We're now talking, Mr. Gort... Mr. Manuel Gonzalez-Goenaga: And furthermore, in my item 19, I defer to him. Vice Mayor Plummer: Sir, you are out of order at this time. He can look at the agenda, which I asked him to do. Mr. Gort, please. Commissioner Gort: Let's... I understand the Mayor is going to be delayed. We have a lot of people here waiting. Why don't we do the ceremonies and get this thing so we can get the kids out of here. Vice Mayor Plummer: Is there anybody who is to be part of a ceremonial that wishes to be done at this time with the Mayor's absence? Is there anybody here who is of a time frame? We don't 37 September 14, 1995 1 know. The Mayor is testifying before a Senate committee. He could be here in two minutes, or he could be here in 20. I don't know. We've tried to find out. Is there, once again, is there anybody who is listed for a ceremonial service who cannot wait? Commissioner Dawkins: No. What's wrong with the Vice Mayor doing that which is ceremonial, presenting ceremonial items? Vice Mayor Plummer: I have no problem. Commissioner Dawkins: Well, let's go then. Commissioner Gort: The kids are willing to wait. Vice Mayor Plummer: They've said they'll wait. Commissioner Gort: No, they said they'll wait. Vice Mayor Plummer: Hey, Miller, what am I going to do? They want to wait. I work here. How come they don't pay me? All right. Again, let's proceed with item 24. ---------------------------------------------------------------------------------------------------------------- 9...... PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS. (A) Proclamation: Interamerican Association of Businessmen -- on its 35th anniversary. (Presented by Commissioner Gort.) (B) Commendation: Ramon J. Iglesias, M.D. -- for his numerous endeavors on behalf of the needy. (Presented by Commissioner Gort.) (C) Commendation: Nicholas C. Mazorra -- for his efforts and commitment to citizens, especially as Executive Assistant of the Cuban Refugee Fund Office. (D) Proclamation: Ex -Political Cuban Prisoners Day -- saluting the patriotism of thousands of Cubans who have suffered in Castro's jails. (Presented by Commissioner De Yurre.) (E) Plaque: Elio Peres -- for his numerous contributions to the community. (Presented by Commissioner Gort.) 38 September 14, 1995 ------------------------------- -------------------------------------------------------------------------------- 10. (A) (Continued Discussion) EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: THE UNITY COUNCIL OF MIAMI (TUCOM) -- APPROPRIATE FUNDS RECEIVED AS SPONSORSHIPS AND FINANCIAL SUPPORT FOR ORGANIZATION / DIRECTION / OPERATION OF SAID COUNCIL. (See label 7) (B) APPOINT WILLARD HART AND JAMES SIMMONS TO SERVE ON THE UNITY COUNCIL OF MIAMI (TUCOM). (See label 76) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Now we go back to item 24. Twenty-four. Commissioner Gort: Why 24? Vice Mayor Plummer: Twenty-four is the next item that's not under a personal appearance. Commissioner Gort: OK. Vice Mayor Plummer: And that is your item of TUCUM (The Unity Council of Miami), Mr. Commissioner Gort: The Unity Council of Miami, if you will recall, we discussed this, and it I was approved in concept by you all. What you have in front of you is part of the funding, and the way that it's going to be funded is through the private sector. So my understanding of what we have in front of you today is the ordinance establishing that account. Vice Mayor Plummer: All right, sir. Do you move it? Commissioner Gort: I move it. Vice Mayor Plummer: Is there a second? Commissioner Dawkins seconds it. Call the roll. That's an ordinance. I'm sorry. Read the ordinance. Wait, wait, wait. We got a problem. We don't have four -fifths. Mr. Cesar Odio (City Manager): Yes, you do. Vice Mayor Plummer: Oh, Victor's here. OK. Go ahead, I'm sorry. Go ahead. For the record, declare the emergency. Hello? Commissioner Gort: We need to expedite this as soon as possible, so when we receive any donations or any contribution, it could be put in the account. Vice Mayor Plummer: Thank you. Call the roll. 39 September 14, 1995 An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "THE UNITY COUNCIL OF MIAMI" ("TUCOM") AND APPROPRIATING FUNDS RECEIVED AS SPONSORSHIPS AND FINANCIAL SUPPORT FOR THE ORGANIZATION, DIRECTION, AND OPERATION OF TUCOM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Dawkins, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11294. 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: Wait. For the record, would you announce the first vote, please. Mr. Walter Foeman (City Clerk): Announce the first vote, or do you want me to repeat it? Vice Mayor Plummer: Would you announce the results of the vote. Mr. Foeman: Four -zero, unanimous. Vice Mayor Plummer: Thank you, sir. Which way? Mr. Foeman: In favor. 40 September 14, 1995 j Vice Mayor Plummer: Thank you. COMMENTS MADE AFTER ROLL CALL: Commissioner Dawkins: My appointment to... Commissioner Gort: No, wait a minute. That comes next. Commissioner Dawkins: OK. Vice Mayor Plummer: All right. Item 25. Commissioner Gort: No, wait a minute. I need now a resolution. You all received a booklet, and Gerald went by and talked to all of you on how the procedure for the appointments, how it's going to take place, and it's a resolution in front of you. I said it was a pocket item, but I thought I'd bring it up with this. 1 A. Quinn Jones, III, Esq. (City Attorney): You want me to read it into the record, Commissioner? Commissioner Gort: Could you, please? _.__.._ Mr. Jones:_ Yes...___.__ _ .. AT THIS POINT, THE CITY ATTORNEY READ THE ' RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY. Vice Mayor Plummer: OK. That requires a vote, I assume. Commissioner Gort: Move it. Vice Mayor Plummer: Moved by Gort, seconded by Dawkins. Call the roll. NOTE FOR THE RECORD: At this point, a brief mechanical malfunction occurred during the tape recording of the Commission meeting. Commissioner Dawkins: 1875 Northwest... Vice Mayor Plummer: I'm appointing Mr. James Simmons. Commissioner Dawkins: ... Northwest 56th Street, 33142, and I am removing him from the Nuisance Abatement Board to place him on this board. Vice Mayor Plummer: OK. Unidentified Speaker: You can't do that. Commissioner Dawkins: Yes, I can. 41 September 14, 1995 Vice Mayor Plummer: I assume that's no problem. All right. Are there any other appointments? Mr. De Yurre? Commissioner De Yurre: I'll do it later on in the day. Vice Mayor Plummer: OK. So then we have... How many members of the board? Commissioner Dawkins: Let the record reflect I asked Mr. Hart to resign, and he resigned so that I could place him on this board. Vice Mayor Plummer: Very well, sir. Commissioner Gort: I'll have mine in the afternoon. Vice Mayor Plummer: OK. The following motion was introduced by Commissioner Gort, who moved its adoption. MOTION NO.95-631 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE UNITY COUNCIL OF MIAMI (TUCOM): WILLARD HART (nominated by Commissioner Dawkins) JAMES SIMMONS (nominated by Vice Mayor Plummer) (Note for the record: See later formalizing Resolution 95-671.) 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. NAYS: None. ABSENT: Mayor Stephen P. Clark 42 September 14, 1995 I --j -- ------------------------------------------------------------------------------------------------------------- 11. EMERGENCY ORDINANCE: AMEND 11167, WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: OPERATION C.A.R.S. -- PROVIDE FOR INCREASE OF $44,546 AS RESULT OF SUCCESSFUL GRANT APPLICATION FROM FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY -- AUTHORIZE MANAGER TO EXECUTE NECESSARY DOCUMENTS. Vice Mayor Plummer: Item 25. An ordinance, Operation... Mr. Cesar Odio (City Manager): This is to receive a grant. Vice Mayor Plummer: ... C.A.R.S. for forty-four thousand dollars ($44,000). Mr. Odio: This item is being presented to you as an emergency on the grounds of urgent public need for the preservation of peace, health, safety... Vice Mayor Plummer: OK. Moved by Dawkins, seconded by Gort. Read the ordinance. Call _..._ __... the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMENDING ORDINANCE NO. 11167, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "OPERATION C.A.R.S.," TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $44,546 AS THE RESULT OF A SUCCESSFUL GRANT APPLICATION FROM THE FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Dawkins and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark 43 September 14, 1995 Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11295. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: Now, this is another addition to the budget, and I don't understand it, but I'll vote yes. Mr. Odio: It's the receipt of a grant. Commissioner Dawkins: OK. I vote yes. ---------------------------------------------------------------------------------------------------------------- 12. EMERGENCY ORDINANCE: AMEND 10934, WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: DRUG FREE NEIGHBORHOOD TASK FORCE -- PROVIDE FOR INCREASE OF $47,090 AS THE RESULT OF A SUCCESSFUL GRANT APPLICATION -- AUTHORIZE MANAGER TO EXECUTE NECESSARY DOCUMENTS. Vice Mayor Plummer: Item number 26, adopted November 14, 1991, a special resource entitled Drug -Free Neighborhood Task Force for the amount of $47,090. Mr. Cesar Odio (City Manager): We received a grant of this amount. Commissioner Gort: Move it. Commissioner Dawkins: Second it. The money will be used for what, Mr. Manager? Mr. Odio: Drug -free Neighborhood Task Force. Vice Mayor Plummer: OK. Commissioner Dawkins: To help them fly from here to Spain? Pay them overtime? Have them buy lunch? To do what with it, Mr. Manager? 44 September 14, 1995 C Mr. Odio: Well, I don't think you can go to Spain over lunchtime. Commissioner Dawkins: I don't either, but you ought to know what you're going to do with it, Mr. Manager. Mr. Odio: There is... Commissioner Dawkins: I mean, if I ask you... Mr. Odio: There is a need to... Commissioner Dawkins: ... if you are appropriating money... Mr. Vice Mayor, I think... Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: I think it's an intelligent, adequate question, if it's not spelled out in the legislation, what the money is going to be used for. I do not think I should get a frivolous answer... Vice Mayor Plummer: OK. Mr. Odio: No, sir. I'll be glad to... Commissioner Dawkins: ... of what any of... Vice Mayor Plummer: Mr. Manager... Mr. Odio: I'll be glad to have the Chief address the specifics. Vice Mayor Plummer: Mr. Manager, we will ask that this item you will forward to the members of the Commission exactly how this money will be used. It's a legitimate question. And I would assume, Commissioner Dawkins, that you will approve it now and subject to your objection, it would be approved within 48 hours if you... Commissioner Dawkins: No, I have no objections, but tell me we're going to buy gloves so that they don't catch AIDS (Acquired Immune Deficiency Syndrome), or we're going to buy gasoline, or what you're going to use it for, because... Vice Mayor Plummer: All right. Chief Brooks. For the record, your name. Commissioner Dawkins: No, no, no. You see, I want the Manager to tell me these things, OK? Vice Mayor Plummer: OK. Mr. Manager. Commissioner Dawkins: I pay the Manager to tell me these things. I do not... If the Manager has not gotten this from Chief Brooks before he got here, then Chief Brooks don't have to tell it to me. Vice Mayor Plummer: Mr. Manager, are you prepared? If not, we'll defer the item. Mr. Odio: Yes, yes, I am. Vice Mayor Plummer: Please explain to him what you're using the money for. 45 September 14, 1995 Mr. Odio: This Drug -Free Neighborhood Task Force targets specific areas of the City to combat drugs. This will cover payment of debts that we incurred, payments of employees and officers that might be involved in the task force, and we will buy goods and supplies as needed, to be able to keep that task force in operation. Vice Mayor Plummer: Does that answer your question? Commissioner Dawkins: Yes, sir, that's all I asked for. Mr. Odio: And the first task force, by the way, is going to attack Model City. Vice Mayor Plummer: Read the ordinance, please. Commissioner Dawkins: That's all, that's all I asked for. Vice Mayor Plummer: Motion understood. Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10934, ADOPTED ON NOVEMBER 14, 1991, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "DRUG FREE NEIGHBORHOOD TASK FORCE," TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $47,090 AS A RESULT OF A SUCCESSFUL GRANT APPLICATION, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO ACCOMPLISH THE ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Dawkins, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark 46 September 14, 1995 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11296. 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. ---------------------------------------------------------------------------------------------------------------- 13. EMERGENCY ORDINANCE: AMEND 11205 (CAPITAL IMPROVEMENTS ORDINANCE) -- ESTABLISH NEW CAPITAL PROJECT 311045: MIAMI RIVERSIDE CENTER ACQUISITION -- APPROPRIATE $15,700,000. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Here we go. Item 27. Mr. Cesar Odio (City Manager): This is authorizing us to proceed... Vice Mayor Plummer: Mr. Manager, it's an emergency ordinance. Mr. Odio: ... proceed to close... We need to close by October 15. The money is already in the bank. This is in order for us to appropriate those monies to be able to close on the transaction with the FP&L Building. We're also increasing the appropriation by ninety-three thousand seven hundred and fifty-two ($93,752), which includes the architect's firm that will do the architectural design and interior work for the building. Vice Mayor Plummer: Let me ask, for the record, since it's a well known fact that there was a problem in relating to the environmental hazardous waste, has that... Mr. Odio: There is an... Vice Mayor Plummer: Has that been to the point where the City people have had the full right to go in and to make all the examinations that they want? Mr. Odio: If you so choose, you... Commissioner Dawkins: What is the relationship between 27 and 41? Mr. Odio: Forty-one is precisely what Commissioner Plummer's question... the answer to Commissioner Plummer's question. We amended the contract with Florida Power and Light to make sure that we're protected against any environmental problems in that building. Vice Mayor Plummer: That's not my question. My question is, have they acquiesced to the City's legitimate request... Mr. Odio: Commissioner, I'm answering your question. Vice Mayor Plummer: All right. Mr. Odio: Item 41 addresses that question. We are now testing the property, and this addresses the whole issue of testing, so that we are all protected. Vice Mayor Plummer: Without restriction. 47 September 14, 1995 L k, Commissioner Dawkins: What happens, Mr. Manager, if in - as 41 - the testing procedure exceeds fifty thousand dollars ($50,000), what happens? Mr. Odio: They have to pay for that. Commissioner Dawkins: It doesn't say that in here. Mr. Odio: Yes, sir. We are... Anything above fifty thousand, they pay for. Commissioner Dawkins: It doesn't spell that out in 51 - in 41. Mr. Odio: Well, it's capped at fifty thousand dollars ($50,000). If there is an emergency... Commissioner Dawkins: Hmm? It's capped, it's capped at fifty thousand. Mr. Odio: We're telling you, sir, that you are only responsible for fifty thousand dollars ($50,000). Any other testing that needs to be done, they would have to pay for it, and that's what's... Vice Mayor Plummer: It's part of the record. Mr. Odio: Part of the record. Commissioner Dawkins: And you have that in writing that they will pay for it. Mr. Odio: Yes, sir. Commissioner Dawkins: All right. I'll defer this until this afternoon, and bring it back and tell us that. Vice Mayor Plummer: All right, sir. The matter is deferred until this afternoon. Commissioner Dawkins: OK. Vice Mayor Plummer: The next item is item 28. Commissioner Dawkins: No, no, did we move 27? A. Quinn Jones, III, Esq. (City Attorney): No. Vice Mayor Plummer: That is 27, wasn't it? Commissioner Gort: No. Commissioner Dawkins: No, I mean... No, that's 41. That was 41. Mr. Jones: No. You were discussing 41. Vice Mayor Plummer: I'm sorry. Commissioner Dawkins: Move 27. Commissioner Gort: Second. September 14, 1995 Mr. Jones: An emergency ordinance... Vice Mayor Plummer: Wait, wait a minute. I'm confused, now. Mr. Jones: They're two companion items. Vice Mayor Plummer: You're bringing back 41 this afternoon? Commissioner Dawkins: Yes. Vice Mayor Plummer: Oh, OK. I'm sorry. On 27. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY. Mr. Odio: I'd like to... Vice Mayor Plummer: Mr. Manager. Mr Odio: Please, it's important that we clarify that we need to have the... authorizing us to enter 'into-a'contract-with-the architect, Vice Mayor. We added the ninety-three thousand, seven hundred and fifty-two ($93,752) so he can start work as soon as we close, inside the building, Commissioner Dawkins: You amended... You amended twenty... Vice Mayor Plummer: Well... Mr. Odio: Yes, sir. That's why I wanted to make sure I put on the record that we're authorizing that, too. Vice Mayor Plummer: OK. But let's understand, for the record, not one dime of 27 will be spent until we have the answer in the complete positive on 41. Mr. Odio: Commissioner, we will not... We will not close... Vice Mayor Plummer: In other words, you're not going to buy anything until you have a report saying there's no hazardous waste. Mr. Odio: We will not close unless everything is clear. Vice Mayor Plummer: OK. Mr. Odio: We cannot close. Vice Mayor Plummer: What I'm saying again is the fact there will be none of the money spent until you have a clean bill of health on the environmental. Mr. Odio: We will not spend one dollar until we close. That's the answer to your question. Vice Mayor Plummer: Well, now, are we playing semantics? 49 September 14, 1995 f! I Mr. Odio: Except we are doing the testing now. Commissioner Gort: Yes. Vice Mayor Plummer: OK. Again, it will be a clean bill. of health. Mr. Odio: Of course. Vice Mayor Plummer: OK. Fine, thank you. It's very simple. You could have said that before. Commissioner De Yurre: Are we on target to close on the 2nd? Mr. Odio: On the 15th. Commissioner Gort: The 15th. Mr. Odio: Realistically, because we need time to do all the environmental testing that is being done right now. We should close by October 15th. Vice Mayor Plummer: That's fine. Any further questions? It's an emergency ordinance moved by Gort, seconded by Dawkins... OK. In reverse. Read the ordinance. Mr. Jones: It's already been read. Vice Mayor Plummer: All right. Call the roll on first reading. This is item 27. Mr. Walter Foeman (City Clerk): Yes. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 11205, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY ESTABLISHING NEW CAPITAL PROJECT NO. 311045, ENTITLED "MIAMI RIVERSIDE CENTER ACQUISITION" AND APPROPRIATING FUNDS IN THE AMOUNT OF $15,700,000.00, FOR SAID PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Dawkins and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark 50 September 14, 1995 Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. NAYS: None. ABSENT: Mayor Stephen P. Clark SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11297. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 14. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED EMERGENCY ORDINANCE TO AMEND CODE ARTICLE IV CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST). (See label 30) Vice Mayor Plummer: Item 28. Mr. Cesar Odio (City Manager): This is in order to comply with our agreement with the Fire Fighters Union and Police Retirement Trust, we have to bring this amendment to the ordinance. This is to establish the drug program that was approved in their contract. It's as simple as that. Vice Mayor Plummer: OK.. Mr. Gonzalez wishes to speak. Mr. Manuel Gonzalez-Goenaga: Yes, sir, Commissioner. Vice Mayor Plummer: For the record, sir, your name, mailing address, and you have two minutes, sir. Mr. Gonzalez-Goenaga: For the third time, Manny "Boom -Boom" Gonzalez. Well, there is a Boom -Boom Room at the Fountainebleau Hilton anyway. My address is 2469 Southwest 8th Street. Citizens, here we go again. This is the poorest City in the whole Dade County, with the best salaries for the top management. I have heard that ten million dollars ($10,000,000) that have to be borrowed, and I don't know if this is in relation to that. And I tell you, I have said this before. Governments, like trees, start to decay from the top down. And this is a government that has been said before - not by me, by other people - of fraud and deceit. Continue, Commissioners, spending money on rugs, spending money on cellular phones, and let me tell you, the only thing I bring here today as protection is a chastity belt. Thank you. Mr. Odio: I need to... Vice Mayor Plummer: Thank you, sir. 51 September 14, 1995 L Mr. Odio: Commissioner, I need to clarify for the record, since we do have... Vice Mayor Plummer: Mr. Manager, go ahead and prolong the misery. Mr. Odio: OK. No, I don't want to, because he's putting things on the record. Since he shows his ignorance of City subjects, we might as well explain to the public that these are the type of people that are running for office that have no idea what they're talking about. Vice Mayor Plummer: No, no, no. You are out of order, sir. Mr. Odio: OK, OK. I take it back. Vice Mayor Plummer: Do not make this personal. Mr. Odio: I take it back. I will say this for the record. This item has nothing to do with pension monies or anything like that. We agreed with the Fire Fighters Union that when officers chose early retirement and they had a lot of expertise going for them, that they could choose to stay with the City of Miami, that they would accept retirement as of that date, and because of that, their pension fund would be frozen at that level that they are now, but they would work for three more years without any benefits. That way, we keep their expertise within the City of Miami Fire Fighters, which is the best Fire Department in the country. Vice Mayor Plummer: Thank you for prolonging the misery. Item 29 is a second reading of an ordinance on the Off -Street Parking Authority. Commissioner Gort: Wait a minute. We haven't moved on 28. Mr. Odio: Twenty-eight. Vice Mayor Plummer: I'm sorry. Why did I not have 28? Commissioner Gort: I don't know. That's the one we were just discussing. Vice Mayor Plummer: Oh, did we have a roll call? I'm sorry. Commissioner Gort: No, we did not. I'll make the motion, then. In making the motion, I'd like to make this statement. Vice Mayor Plummer: All right. Commissioner Gort: This Commission here... Vice Mayor Plummer: I got confused with the Manager editorializing. Commissioner Gort: May I finish, sir? Vice Mayor Plummer: Yes, sir. Mr. Odio: Well, I have a right to... Commissioner Gort: I think it's important... Mr. Odio: I think you do it all the time. 52 September 14, 1995 Commissioner Gort: I think it's important that we clarify this, because a lot of people don't understand that we, this Commission, inherited a lot of the pensions and the problems that we have today, and I think we have worked together to solve a lot of these problems, and that will be shown in next year's budget. I move it. Vice Mayor Plummer: Moved by Commissioner Gort. Seconded by De Yurre. Any further discussion? Hearing none, call the roll. AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY. Vice Mayor Plummer: Call the roll in a hurry. Mr. Walter Foeman (City Clerk): Roll call. Commissioner Gort? Commissioner Gort: Yes. Mr. Foeman: Commissioner Dawkins. Dawkins: No. Vice Mayor Plummer: Excuse me. Mr. Foeman: Four/fifths vote. Vice Mayor Plummer: Excuse me, hold it. The matter is deferred until the arrival of the Mayor. Thank you. Mr. Odio: Yes, please. NOTE FOR THE RECORD: ON MOTION DULY MADE BY COMMISSIONER GGRT AND SECONDED BY COMMISSIONER DE YURRE, THE MOTION FAILED AND THE ITEM WAS TABLED. 53 September 14, 1995 014 -- ------------------------------------------------------------------------------------------------------------- 15. SECOND READING ORDINANCE: AMEND CODE SECTIONS 35-91, 35-92, AND 35-93 -- CHANGE RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS -- CHANGE RATES AT MUNICIPAL PARKING GARAGES -- PROVIDE FOR RATE CHANGES TO BECOME EFFECTIVE OCTOBER 1, 1995 -- RATIFY ALL ACTS OF OFF- STREET PARKING BOARD AND ITS EXECUTIVE DIRECTOR AS TO RATES HERETOFORE CHARGED -- AUTHORIZE OFF-STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND INITIATE RATES FOR NEW FACILITIES DURING FY. Vice Mayor Plummer: The next item is 29. Mr. Gort, you moved it before. Mr. Dawkins, you seconded it, the rates of the Off -Street Parking Authority. Commissioner Gort: Move it, move it. Vice Mayor Plummer: Is there anyone wishing to discuss item 29? Read the ordinance. Call the roll. Mr. Walter Foeman (City Clerk): I need a movant, sir. Vice Mayor Plummer: Moved by Gort, seconded by Dawkins. An Ordinance entitled - AN ORDINANCE AMENDING SECTIONS 35-91, 35-92 AND 35-93 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS; CHANGING THE RATES AT MUNICIPAL PARKING GARAGES; PROVIDING FOR SAID RATE CHANGES TO BECOME EFFECTIVE OCTOBER 1, 1995; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS EXECUTIVE DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER AUTHORIZING THE OFF-STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of July 13, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner De Yurre Mayor Stephen P. Clark 54 _ September 1-4, 1995 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11298. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 16. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54.5 (SUBDIVISION REGULATIONS) -- SECTION 54.5-16 (VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT) -- CLARIFY PROCEDURE AND ESTABLISH A 3-YEAR PERIOD THAT COMMISSION APPROVAL OF A REQUESTED VACATION AND CLOSURE REMAINS VALID. Vice Mayor Plummer: Item 30, vacation and closure of right-of-way of platted easement by plat, clarifying the procedure, establishing a three-year time period that the City Commission requested vacation and closures remain valid, containing a repealer provision and severability clause and an effective date. It was moved previously by Gort and seconded by Dawkins. Commissioner Gort: Move it. Vice Mayor Plummer: I got a question. I don't remember being absent. Why am I listed... Did I go to the bathroom or what? Commissioner Gort: You might have had to go somewhere. Mr. Walter Foeman (City Clerk): We'll check it for you. Vice Mayor Plummer: Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SUBDIVISION REGULATIONS," BY AMENDING SECTION 54.5-16 ENTITLED: "VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT," BY CLARIFYING THE PROCEDURE AND ESTABLISHING A THREE (3) YEAR TIME PERIOD THAT CITY COMMISSION APPROVAL OF A REQUESTED VACATION AND CLOSURE REMAINS VALID; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 55 September 14, 1995 passed on its first reading, by title, at the meeting of July 13, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Victor De Yurre Mayor Stephen P. Clark THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11299. 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: Is De Yurre here? But this is not a four/fifths vote, so we're not... Mr. Walter Foeman (City Clerk): No. Vice Mayor Plummer: OK. I just want for the record, in 25 years that I've sat in this seat, I've missed two Commission meetings. That's why I'm asking why I was shown absent here. Commissioner Gort: You were doing something we can't do for you. Vice Mayor Plummer: Hey, that's probably the case, but I... Commissioner Dawkins: They did not say that you were not at the meeting. Vice Mayor Plummer: It says I was absent. Commissioner Dawkins: The minutes reflect that you were absent for that vote. Vice Mayor Plummer: OK. -- ------------------------------------------------------------------------------------------------------------- 17. FIRST READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS), SECTION 54-104 (NONSTANDARD STREET WIDTHS) -- MODIFY WIDTH OF NW 1 STREET BETWEEN NORTH MIAMI AVENUE AND NW 1 AVENUE. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Item 31, entitled "Streets and Sidewalks," amending the City Code, Chapter 54. Commissioner Dawkins: Move it. 56 September 14, 1995 N Vice Mayor Plummer: Moved by Dawkins, seconded by Gort. Read the ordinance. Anyone wishing to discuss item 31? If not, call the roll. An Ordinance entitled - AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS A11ZD SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED "NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTHS OF A CERTAIN STREET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Dawkins, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Victor De Yurre Mayor Stephen P. Clark 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. ---------------------------------------------------------------------------------------------------------------- 18. VICE MAYOR PLUMMER ASKS ADMINISTRATION FOR THE STATUS OF HIS REQUESTED ORDINANCE CONCERNING UGLY WALLS AND WALLS WITH SPIKES. Vice President Plummer: Mr. McManus - Mr. Wally Lee. Mr. Wally Lee: Yes, sir. Vice Mayor Plummer: What happened to the ordinance I asked you to bring back about ugly walls and people's spiked walls? That was supposed to be coming back to the Commission. Mr. Lee: I believe that was a Building and Zoning item. I believe that was a Building and Zoning item. These are walls for private property. Vice Mayor Plummer: You know, I've got a feud in my neighborhood over this, and I'm sure there's feuds everywhere else, that if people put up a wall, and on their side, they paint it and on the other side, it's ugly as hell, then there should be a law against it, and so that's why I asked you to bring it back. OK? Mr. Lee: OK. Yes, sir. 57 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 19. (A) FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: SAFE HAVEN'S GRANT FOR OUTREACH TO MENTALLY ILL INDIVIDUALS -- APPROPRIATE $72,550, CONSISTING OF A GRANT FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THROUGH NORTH WEST DADE MENTAL HEALTH CENTER -- AUTHORIZE MANAGER TO ACCEPT GRANT AWARD AND TO EXECUTE NECESSARY DOCUMENTS. (B) COMMISSIONER DAWKINS DIRECTS CITY ATTORNEY TO HAVE THE ASSISTANT CITY ATTORNEY RESPONSIBLE FOR REPRESENTING THE CITY ON THE HOMELESS ISSUE BEFORE JUDGE ADKINS, CONCERNING TWO PROPOSED SAFE NEIGHBORHOOD ZONES, TO COME BEFORE THE COMMISSION FOR FURTHER CLARIFICATION AT NEXT COMMISSION MEETING. Vice Mayor Plummer: All right. Next item is 32. Item 32, first reading ordinance relating to the amount of seventy-two thousand five hundred and fifty dollars ($72,550), the United States Department of Housing and Urban Development through Northwest Dade Mental Health Center. Mr. Cesar Odio (City Manager): This is a grant, and this will guarantee that our Office of Homeless Programs will utilize those funds to expand and specialize its outreach services to make sure the homeless people in the City... Commissioner Gort: Move it. Vice Mayor Plummer: Moved by Gort, seconded by Dawkins. For the record, let... Commissioner Dawkins: It comes to our agency, right, Mr. Manager? Mr. Odio: Yes, yes, yes, sir. Commissioner Dawkins: Second. Vice Mayor Plummer: Does that mean, for the record - and I just want to establish it. Yesterday, I was... At the invitation of Alvah Chapman and Armando Codina, I appeared before the Community Partnership and asked to clarify my position, which I did. And very basically, I did not change any iota of my stand. I still said that I thought that the place was in the wrong location, but now that it was a reality, that I had an obligation, moral and ethical, to go back and make sure that that area stayed in a safe environment, and to do what any Commission would do on any given area. That was my appearance yesterday. All right. On 32... Commissioner Dawkins: Well, I would like to put in the record... Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: ... the next Commission meeting, I want the City Attorney, to have the City Attorney come here who was directed by Judge Adkins to come up with two safe zones. Now, at the next Commission meeting, I'm going to name two safe zones. If the rest of the 58 September 14, 1995 Commissioners do not go along with it, that's fine with me. But I am, you know, I'm tired of every time we go downtown to try to stop the homeless people from doing something, the Judge has an order that we cannot move them, we cannot put our hands on them, we cannot do this because we have not created that which he requested, a safe zone. And I'm going to tell all of you now, my first safe zone is across the street in that vacant lot from Judge Adkin's office. That's my first safe zone. Vice Mayor Plummer: Would you like to vote on that today? Commissioner Dawkins: No, no, next meeting. Vice Mayor Plummer: Do it while you got a unanimous vote. OK, 32. Read the ordinance. Any further discussion? Call the roll. An Ordinance entitled - AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "SAFE HAVEN'S GRANT FOR OUTREACH TO MENTALLY ILL INDIVIDUALS" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $72,550 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("USHUD") THROUGH NORTHWEST DADE MENTAL HEALTH CENTER; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM USHUD AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort, seconded by Commissioner Dawkins, 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. NAYS: None. ABSENT: Mayor Stephen P. Clark 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. 59 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 20 AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH A. FOSTER HIGGINS & CO., INC. -- INCREASE MAXIMUM AMOUNT OF COMPENSATION TO $70,000. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Item 33. Commissioner Dawkins: Mr. Plummer. Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: Oh, 33, I'm sorry. Vice Mayor Plummer: Thirty-three. Mr. Cesar Odio (City Manager): This is our... Commissioner Dawkins: Move it. Vice Mayor Plummer: Moved by Dawkins. Seconded by... Commissioner Gort: Gort. Vice Mayor Plummer: ... Gort. Any further discussion? Anyone wishing to discuss item 33? It's a resolution. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-632 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT WITH A. FOSTER HIGGINS & CO., INC., INCREASING THE MAXIMUM AMOUNT OF COMPENSATION TO AN AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS ($70,000); ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 60 September 14, 1995 ,1 21. 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. NAYS: None. ABSENT: Mayor Stephen P. Clark --------------------------------------------------------------------------------------------------------- AUTHORIZE MANAGER TO NEGOTIATE / EXECUTE THE FOLLOWING WITH METROPOLITAN DADE COUNTY ENSURING THAT CONTRACTS ARE CONTINGENT UPON CITY'S PURCHASE OF MIAMI RIVERSIDE CENTER: AGREEMENT, WHEREBY CL,TY SHALL LEASE PARCEL OF VACANT LAND BETWEEN NW 2 AND 3 AVENUES AND FRONTING ON NW 3 STREET. (B.)_. _ . _. LEASE. AGREEMENT, WHEREBY... CITY SHALL LEASE THE CITY ADMINISTRATION BUILDING (275 NW 2 STREET). (C) AGREEMENT, WHEREBY CITY SHALL SELL ITS CENTRAL TRASH TRANSFER STATION (1150 NW 20 STREET). (D) AGREEMENT, WHEREBY CITY SHALL SELL ITS MUNICIPAL PARKING NO. 5 (270 NW 2 STREET). (E) FIRST INTERLOCAL AGREEMENT TO PROVIDE FOR DISPOSAL, AT COUNTY'S SOLID WASTE MANAGEMENT SYSTEM FACILITIES, OF MUNICIPAL SOLID WASTE MATERIALS COLLECTED IN/BY CITY. (F) SECOND INTERLOCAL AGREEMENT TO PROVIDE FOR SUSPENSION / TERMINATION OF CERTAIN TERMS / CONDITIONS SET FORTH IN FIRST INTERLOCAL AGREEMENT WITH COUNTY CONCERNING DISPOSAL OF SOLID WASTE MATERIALS COLLECTED IN/BY CITY. (G) AUTHORIZE MANAGER TO NEGOTIATE / EXECUTE AMENDED / RESTATED AGREEMENT WHICH CLARIFIES / AMENDS EXISTING AGREEMENT WITH BEDMINSTER SEACOR SERVICES MIAMI CORPORATION CONCERNING DISPOSAL AT BEDMINSTER'S FACILITY OF MUNICIPAL SOLID WASTE MATERIALS COLLECTED IN/BY CITY. ---------------------------------------------------------------------------------------------------------------- Commissioner Dawkins: Mr. Vice Mayor. Vice Mayor Plummer: Yes, sir, Mr. Dawkins. Commissioner Dawkins: I move that 35, 36, 37, and 38 be deferred until the next regular scheduled Commission meeting, and that in that interim, the City Clerk and the City Manager come to me with the kind of an agreement that we usually have when we do this. That agreement, or whatever, is not in the backup. The only thing it says here is because the... 61 September 14, 1995 "Substantially the same terms set forth in the memorandum," and I just don't have enough to go on to allow the Manager to come back and execute nothing without my knowing what we're doing, so I so move. NOTE FOR THE RECORD: Mayor Clark entered the Commission c am er at 10:27 a.m. Vice Mayor Plummer: All right. Just for the record, there is a motion made to defer 35, 36, 37 and 38. Is there a second? Commissioner De Yurre: Well, I'm not going to second because I think what Miller... Vice Mayor Plummer: How about second it for discussion? Commissioner De Yurre: Discussion, to discuss. Because I think what Miller's concern is... Vice Mayor Plummer:: OK? Now under discussion. Mr: De Yurre. Commissioner De Yurre: What Miller's concern is, from what I gather, is the fact that he doesn't want the City Manager to have the ability to just go ahead and execute an agreement that --'— - ---we -have: no idea -what it's going to be. Mr. Cesar Odio (City Manager): Fine. Commissioner De Yurre: So I don't think that we would have a problem in instructing him to go ahead and negotiate and then bring it back to us. Commissioner Dawkins: What can he negotiate? I don't know what he's negotiating, Mr.... All right. Take 37, for the sake of discussion, all right? What I don't understand. "Authorizing the City Manager to negotiate and execute an agreement - all right? - between the City and Metropolitan Dade County, whereby the City of Miami shall sell to Metropolitan Dade County the City of Miami's central trash transfer station." Every day, you're giving the County our property. Somewhere in here... There's no reverter clause that if the County no longer uses this for a transfer station, it should revert back to the City of Miami. None of that is in here. So the Manager can't go and negotiate that if that's not in the contract. I'm just... But you... I mean, you guys do what you want to do up here. But I am not comfortable with what I have in front of me, Mr.... that's all. Mr. Odio: Commissioner Dawkins, if you remember, I briefed you in your office about this transaction. On item 37, we are actually selling outright the transfer station. The County has a lease until the year 2007, and they've been paying us one dollar ($1) a year. In this total packet that we have negotiated with the County - a very fair packet, by the way, for both sides - the purchase price, they're offering us five million seven hundred thousand dollars ($5,700,000) for that site, and it's much more than the appraised value. So... Commissioner Dawkins: But if they no longer use it for a transfer station, then the value of the land goes up. Mr. Odio: No, sir. Commissioner Dawkins: And it should come back to the City. OK. Well, that... 62 September 14, 1995 ij 1 Mr. Odio: Well, we are selling... Commissioner Dawkins: OK, that's just my feeling. Mr. Odio: Yeah, well, Commissioner, as I explained to you... Commissioner Dawkins: OK, they can do what they want. I made a motion, it didn't get a second, so it died, that's all. Mr. Odio: We're selling the property, so there's no reverter clause. Vice Mayor Plummer: Excuse me, it was seconded for purposes of discussion. Commissioner Gort: Second. Vice Mayor Plummer: OK? Now, Mr. Manager, you're over here in this left ear telling me that you can't defer it. Mr. Odio: We have been negotiating with the County over three months. This total... It's not only one item. It's the 35, 36, 37 and 38. They are tied together. This packet means to the City of Miami taxpayers a savings of a million dollars ($1,000,000) a year, just alone on the deficit of the parking garage. You have instructed me for years to get rid of parking garage number five. Vice Mayor Plummer: Sir, I would ask you... Mr. Odio: Let me... Can I finish, sir? Can I finish it? Vice Mayor Plummer: No. I would ask you to speak to the issue of the deferment. Mr. Odio: I'm asking you not to defer, because this contract is supposed to start October 1st, because of the solid waste agreements. Vice Mayor Plummer: OK. Mr. Odio: And we are supposed be dumping trash in the County starting October 1st, not solid garbage. So they are going, the County... Vice Mayor Plummer: All right. Then my question is, can you... Mr. Odio: Can I finish, sir, with your answer? The County is taking up the same number of items today and we were supposed to have them approved in the same day. Vice Mayor Plummer: OK. Mr. Dawkins, you heard the Manager. Commissioner Gort: Let me ask you a question. Vice Mayor Plummer: Mr. Gort. Commissioner Gort: I've read those documents, and I've gone through it, and I think we've got a pretty good deal. But if you're asking for a deferral, I think... Would you be comfortable with somebody getting with you at lunch, and you go over it, and then we can vote on it this afternoon? 63 September 14, 1995 L j 1 Vice Mayor Plummer: Well, what I would prefer to do, if it's agreeable with Mr. Dawkins, is the Manager will buy Mr. Dawkins lunch. We will approve it now. If after lunch it does not settle well with desert... Commissioner Dawkins: No, I'm going to do better than this. I will leave the chamber, and you guys do what you want to do with this. I'm not going to be a party to this. Mayor Clark: What item is this? Vice Mayor Plummer: Mr. Mayor, this is items 35, 36, 37 and 38. This is the total package, sir, relating to the FP&L Building, the swap of property with Dade County, and the other areas. Mayor Clark: Yes, I know about it. Very good. Vice Mayor Plummer: Now... Mayor Clark: Is there a motion? A. Quinn Jones, III, Esq. (City Attorney): And 39-A. Vice Mayor Plummer: And 39-A? Mr. Jones: Thirty-nine and 39-A, as well. Vice Mayor Plummer: Well... Mr. Jones: Those are the interlocals. Commissioner Dawkins: Before I leave... Vice Mayor Plummer: Well, now, wait a minute. Mr. Dawkins... Commissioner Dawkins: Mr. City Attorney, Mr. City Attorney... Vice Mayor Plummer: In all fairness to you, sir, 39 and 39-A, is that also a part... Commissioner Dawkins: Yes, sir. Vice Mayor Plummer: OK. Commissioner Dawkins: Mr. City Attorney, did you work up this that was given to us today and pass it in as this is what you approve of? Did you do that? Mr. Jones: Did I work up the memo that's in the package? Commissioner Dawkins: Yes. Mr. Jones: No. Commissioner Dawkins: OK. So therefore, this has not been to the City Attorney... Mr. Jones: Mr. Dawkins, Commissioner... 64 September 14, 1995 Commissioner Dawkins: ... but yet, you people want me to sit up here and vote on something that the City Attorney has not approved. That's unfair. Mr. Jones: No, he said the memo... Vice Mayor Plummer: All right. If we could have one person at a time, please. Commissioner Dawkins: That's unfair to me. Vice Mayor Plummer: All right. Well, hold on. Now, Mr. Gort. Commissioner Gort: My understanding, in reading my memorandum, my understanding is this is subject to being accepted and drafted by our Attorney. In other words, the final stage is going to be by our attorneys. Commissioner Dawkins: But it's supposed to be done before it comes here. Commissioner Gort: No, my understanding is, in my practice - and I'm sorry, Mr. Dawkins - n my practice, when I negotiate a deal, I negotiate a deal, I make the transactions, and after I have the facts, then I go to my attorney and I tell my attorney, this is what we should do. Vice Mayor Plummer: Can I make a suggestion? I think this is so important, Mr. Mayor, that whatever time it takes for the Administration to sit with Mr. Dawkins and at least try to give him all of his answers before we leave here today... Commissioner Dawkins: No good. It's three votes up here to pass this. Why waste my time? Vice Mayor Plummer: No, no, no, no. If you come back... Commissioner Dawkins: This is a done deal. Go ahead and pass it, and I'll be out of the chamber, and then you will have done just what you wanted to do, without me. That's all. Now, you all go ahead. NOTE FOR THE RECORD: Commissioner Dawkins exits the Commission Chamber at 10:31 a.m. Mayor Clark: Is there a motion on the floor? Vice Mayor Plummer: There was a motion, sir, starting with item 35, and it is items 35 through 39-A. Mayor Clark: Is there a second to the motion? Any further discussion. Commissioner De Yurre: Well, what was the motion? Mr. Walter Foeman (City Clerk): Excuse me. Vice Mayor Plummer: The motion was made by Gort and seconded by De Yurre for purposes of discussion. Correct? 65 September 14, 1995 Commissioner Gort: The motion to defer was made by Commissioner Dawkins. Vice Mayor Plummer: Motion to defer, I'm sorry. That's the motion on the floor. Commissioner Gort. Right. Commissioner De Yurre: I pull back my second on that. Vice Mayor Plummer: OK. Mayor Clark: Is there a motion to move it? Vice Mayor Plummer: Then there... Commissioner Gort: Mr. Mayor. Mayor Clark: Yes. Commissioner Gort: I will make a motion to move, but I would like for the Manager and staff to take their time and explain each one of these deals, and at the same time, explain that these deals will have to go to our attorney, and our attorney is the one that will have to draft the documents, who will have to come back to us, and we will have to approve those documents. Mr. Odio: I'd be glad to do that. By the way, the contracts... Commissioner Gort: I think... Excuse me. Mr. Odio: Yes, sir. Commissioner Gort: I think it's very important that every item gets explained so that everyone will understand it. Mr. Odio: Yes, it's very important. It is important that the people of Miami know what we're talking about, especially the... First, that the contracts were drafted by Dade County. They were submitted to our attorneys. Our attorneys and staff have been working for a week in making the changes and amendments necessary. We did not agree on a few issues. We went back to meet with the County Manager. They were resolved. And the contracts, in fact, have been finalized in writing, and they will make them available to you, of course. We just didn't have the five days before the Commission meeting to make it part of the packet. On item 35, we are receiving a parcel that was next to the police station that has never been in our possession. In exchange for that, on item 36... And we will be paying a dollar a year for 30 years, and that land we can do whatever improvements we want to it, but at the end of 30 years, it will revert back to the County. But we have had that land next to our police station for years without being able to resolve the control of that property. On item 36, we are moving to the FP&L Building, as you approved on item 28, so we needed to find a purpose for the Administration Building. The Administration Building will be leased, according to item 36, to the County for 30 years at one dollar ($1) a year, and we will recontrol the property after 30 years. It will revert back to the City of Miami, and any improvements made in that property will be the property of the City of Miami. Mayor Clark: All right. Before we move forward now, sir, did you want to say a word? Mr. Odio: May I finish, because I may lose the train and then... 66 September 14, 1995 Mayor Clark: All right. I thought you were finished. Go ahead. NOTE FOR THE RECORD: Commissioner Dawkins entered the Commission chamber at 10:39 a.m. Mr. Odio: Item 37 is the outright sale of the transfer station to the County. The transfer station has been in their possession, anyway, for years, and all the City has been getting out of that transfer station is one dollar ($1) a year. We're now going to receive five million seven hundred thousand dollars ($5,700,000) for that property, and it's more than the appraised value. The appraised value was three million -four, I believe. The item 38 is garage number 5. Now, for years, the Commission has instructed the Administration to make sure that garage number five was sold, or that the City would not be responsible. I need to put on the record... And these are the things that we've been struggling for the last ten years, and especially last two years. Since 1984, this parking garage number five, the City of Miami taxpayers and the Administration and the Commission have had to put in there a deficit, cover a deficit of twelve million one hundred and ninety-five thousand dollars ($12,195,000). That's more than what the parking garage cost to build. We have put, since 1984, twelve million one hundred and ninety-five thousand dollars ($12,195,000) into that parking garage. The projected deficit until the year 2008, when the bonds would be paid, would be an additional, additional fifteen million one hundred thousand dollars ($15,100,000). The County is now going to pay us in cash nine million -five ( 9,500,000), which wevould place in a trust account so that the bond holders are secured, and we would pay the debt service out of that. And the interest generated from that will be ours also. So what this means is that the City of Miami is getting rid of a deficit of another fifteen million dollars ($15,000,000) until the year 2008, and we are receiving the cash to pay for it, as part of this whole package. We also... That goes to 37, Mr. Mayor. Vice Mayor Plummer: Thirty-eight, 39, and 39-A, it's all part of the... Mr. Odio: And 38, and it covers all the way to 38. OK. Now, on item 39, and this is a total packet, the County has had troubles since the City of Miami pulled out and began to dump our garbage trash outside of the County. The County bond rating was dropped. We feel we have an obligation to work with the County to make sure that they can salvage those bonds, and it's important for them to get our garbage and trash back, the flow back. We have an agreement with them that we will dump, starting next... October 1st at the trash station in Medley or in North Dade at forty-five dollars ($45) a ton, and we will be dumping our garbage in Broward County at thirty-two ($32) a ton. That's an average of forty dollars ($40) a ton to dispose our garbage. Two years ago, we were paying the Count yy sixty-eight ($68) a ton. So we have gone from sixty- eight dollars ($68) a ton to forty dollars ($40) a ton to dump our trash, with substantial savings. And that's why the budget of the Solid Waste Department has gone from thirty-three million ($33,000,000) to sixteen million ($16,000,000) between the reduction of people and the reduction of the solid waste disposal. Mayor Clark: From thirty-three to sixteen? Mr. Odio: Yes, sir, to sixteen million ($16,000,000). This is an agreement with the County for 20 years. However, it is clear in the contract that they have to respect the Bedminster contract, which we have, and you will see here today we are amending the Bedminster contract in our favor. So if the Bedminster plant is built in Medley, by the year '97, the contract with the County ceases to be. If Bedminster at any time should go out of business, we would revert back to the contract with the County at the same prices. So the only increase in the price... The second and third year will be at forty dollars ($40) a ton, by the way, with the County. So I think 67 September 14, 1995 —1 it's a very favorable contract. It's something that is covenient. It's a win -win for both Metropolitan Dade County and the City of Miami. We're going to get rid of a deficit of over a million dollars ($1,000,000) a year, plus we are assured that we won't have to increase any garbage fees for many, many years to come. Commissioner De Yurre: Mr. Mayor, I have one concern. Mayor Clark: All right. Commissioner De Yurre: And that has to do with the FPL (Florida Power and Light) Building. Everything that is being done here - we're talking about six items all together - is contingent on the FPL Building being acquired. Mr. Odio: Yes. Vice Mayor Plummer: Of course. Commissioner De Yurre: Is there a clause conditioning all this whole transaction on the acquisition of the FPL Building? In other words, if, for whatever reason, the FPL Building is not acquired, do these deals go back to zero and everybody goes back home? Mr. Odio: No. What I would like to see is that the Administration Building only would be excluded, but that we do go ahead with the parking garage and the transfer station, and et cetera, because we certainly do not want to keep the parking garage. Commissioner De Yurre: But the thing is, is the County willing to do that? You know, I just want to make sure. I'm just putting it on the record... Mr. Odio: I... We'll make sure. Commissioner De Yurre: ... that I don't want a situation wherein all of a sudden, the FPL Building was not acquired because of environmental problems, or whatever, and then we're left out in the cold. Mr. Odio: I'll make sure of that, sir. Commissioner Gort: Make that part of the motion for the attorneys who have to draft it. Commissioner De Yurre: No, that is. I'll make it part of the motion. Vice Mayor Plummer: All right. Mayor Clark: All right. Let's hear from the public, now, for a minute, and then... Commissioner Dawkins: OK, OK, one minute. All this, the Manager said, is what I was trying to tell everybody, and nobody listened. Now, I'm going to read you the first sentence. "Authorizing the City Manager to negotiate and execute." Nowhere did that say he comes back and explain none of that that he just explained to anybody, and that's all I asked. And I said that I felt that it should come back to me so that I could do that. That's all I asked. But here, it says, give the City Manager the power to negotiate, and after he negotiates, execute and do not come back to the Commission for anything, and that was my problem, Mr. Mayor. That's all. Mayor Clark: Well, we have that provision now. Let's hear from the public. Your name and address for the record. 68 September 14, 1995 A Mr. Manuel Gonzalez-Goenaga: For the first time to you, Mr.... because I have said it three times before, before this Commission. My name is Manny "Boom -Boom" Gonzalez. Mayor Clark: Boom -Boom. All right. Mr. Gonzalez-Goenaga: Yes. And 2469 Southwest 14th Street. I don't want to delay these kids here anymore. I would like that their item be heard. Also, my item 19, and I beg you, I think I filed a letter, because I have a two o'clock appointment with my lawyer, who is defending me against the stalking case. So I'd love to be heard in the morning before twelve o'clock. Thank you very much. Mayor Clark: Thank you, sir. Did you have something to add, sir? Mr. J. Alex: Yes, sir. I was interested in item 19 being considered, since there are... Mayor Clark: Give us your name, please. Mr. Alex: My name is J. Alex, and Mr. Gonzalez has... We had... He had filed to speak, and he had deferred the item number 19, because we're speaking on the same subject, and there are a lot of other people who have come because of that same issue, and we would like to have an opportunity to speak now regarding that item. Mayor Clark: All right. Thank you, sir. We're discussing this item now. We'll get back with you. Yes, sir, Doctor. Mr. Alex: And we would... Mayor Clark: We'll get back with you. We're not on this issue. It's on another issue. All right. Mr. Alex: OK. Can we speak next after this issue? Mayor Clark: No, not right now. Wait just a few moments. Just wait around. Would you please wait, sir. We'll take care of you. If you don't like it, you can go outside. All right? Don't start to ordering us what to do. All right. Mr. Clerk, is there a motion on this item? Mr. Walter Foeman (City Clerk): There's a motion. We need a seconder, Mr. Mayor. Mayor Clark: Is there a second? Mr. Odio: Are you taking them one at a time or the... Commissioner Gort: One at a time. Mayor Clark: Can we do them all at one time? A. Quinn Jones, III, Esq. (City Attorney): You should vote on each of them individually. Mayor Clark: All right. Moved and seconded. Call the roll. Mr. Jones: On item 35, Mr. Clerk? Mr. Foeman: Yes, sir. 69 September 14, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-633 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND IN SUBSTANTIALLY THE TERMS SET FORTH IN THE MEMORANDUM, ATTACHED HERETO AND MADE A PART HEREOF, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, WHEREBY THE CITY OF MIAMI SHALL LEASE A PARCEL OF VACANT LAND LOCATED BETWEEN NORTHWEST 2ND AND 3RD AVENUES AND FRONTING ON NORTHWEST 3RD STREET, MIAMI, FLORIDA, FROM METROPOLITAN 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 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. Mayor Clark: Next item. Mr. Jones: Thirty-six. Commissioner Gort: Thirty-six. Move it. 70 September 14, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO.95-634 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND IN SUBSTANTIALLY THE TERMS SET FORTH IN THE MEMORANDUM, ATTACHED HERETO AND MADE A PART HEREOF, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, WHEREBY THE CITY OF MIAMI SHALL LEASE TO METROPOLITAN DADE COUNTY THE CITY ADMINISTRATION BUILDING, LOCATED AT 275 NORTHWEST 2ND STREET, MIAMI, FLORIDA. (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. Vice Mayor Plummer: Thirty-seven, I'll move. Commissioner Gort: Second. Mayor Clark: Call the roll. 71 September 14, 1995 —! The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-635 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND IN SUBSTANTIALLY THE SAME TERMS SET FORTH IN THE MEMORANDUM, ATTACHED HERETO AND MADE A PART HEREOF, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, WHEREBY THE CITY OF MIAMI SHALL SELL TO METROPOLITAN DADE COUNTY THE CITY OF MIAMI'S CENTRAL, TRASH TRANSFER STATION, LOCATED AT 1150 NORTHWEST 20TH STREET, MIAMI, 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. Vice Mayor Plummer: I'll move 38. Commissioner Gort: Second. Vice Mayor Plummer: I don't know why we've got to do them individually. Call the roll. 72 September 14, 1995 I_ J The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-636 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND IN SUBSTANTIALLY THE TERMS SET FORTH IN THE MEMORANDUM, ATTACHED HERETO AND MADE A PART HEREOF, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, WHEREBY THE CITY OF MIAMI SHALL SELL TO METROPOLITAN DADE COUNTY THE CITY OF MIAMI'S MUNICIPAL PARKING GARAGE NO.5, LOCATED AT 270 NORTHWEST 2ND STREET. (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. Vice Mayor Plummer: I move 39. Commissioner Gort: Second. Mayor Clark: Call the roll. 73 September 14, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-637 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FIRST INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, FLORIDA (THE "COUNTY"), TO PROVIDE FOR THE DISPOSAL AT METROPOLITAN DADE COUNTY SOLID WASTE MANAGEMENT SYSTEM FACILITIES OF MUNICIPAL SOLID WASTE MATERIALS COLLECTED IN AND BY THE CITY OF MIAMI. (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. Vice Mayor Plummer: I move 39-A. Commissioner Gort: Second. Vice Mayor Plummer: Call the roll. 74 September 14, 1995 R The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-638 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SECOND INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, FLORIDA (THE "COUNTY"), TO PROVIDE FOR THE SUSPENSION OR TERMINATION OF CERTAIN TERMS AND CONDITIONS SET FORTH IN THE FIRST INTERLOCAL AGREEMENT WITH THE COUNTY CONCERNING THE DISPOSAL OF SOLID WASTE MATERIALS COLLECTED IN AND BY THE CITY OF MIAMI. (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. Vice Mayor Plummer: Mr. Mayor, if I may, 40 is tied to... Mayor Clark: Who offers 40? Commissioner Gort: The Bedminster Seacor agreement. Mayor Clark: You offer 40? Vice Mayor Plummer: Move 40. Mayor Clark: Call the roll. 75 September 14, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-639 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDED AND RESTATED AGREEMENT WHICH CLARIFIES AND AMENDS THE EXISTING AGREEMENT (THE "AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND BEDMINSTER SEACOR SERVICES MIAMI CORPORATION, THEREBY AMENDING CERTAIN TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT CONCERNING THE DISPOSAL AT BEDMINSTER'S FACILITY OF MUNICIPAL SOLID WASTE MATERIALS COLLECTED IN AND BY THE CITY OF MIAMI. (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. ----------------------- ---------------------------------------------------------------------------------------- 22. PRESENTATION: ENVIRO COPS PROGRAM -- MIRAMAR ELEMENTARY SCHOOL. Vice Mayor Plummer: Mr. Mayor, awaiting your arrival, sir, these kids have been just absolutely... Mayor Clark: I understand that, and they are from the Enviro Cops Program, which was implemented by 22 City of Miami Parks last summer. Vice Mayor Plummer: And they have been beside themselves. They've just been dying to get back to school, and they were impatient to get back. They just couldn't wait for you to be here. Mayor Clark: Would you all rise? Would you young people rise and get a round of applause from everybody here today. (APPLAUSE) Mayor Clark: Now you can go back to school. 76 September 14, 1995 Vice Mayor Plummer: All right. Ma'am, did you want to make some kind of a statement? Ms. Ana Marie Moreras: Yes. First of all, I want to thank you for your patience in having us here so long. I'd like to thank Mayor Clark, all of the Commissioners, the City Manager, Cesar Odio and his staff, who have been so cooperative in making sure that this program was implemented. Chief Warshaw, without him, this would not have worked. Al Ruder and Pat Quintana at the Parks Department, and all of you for being so patient. We have a very short presentation for you. OK? Could I have the sign? Boys and girls with the sign, please, will you stand in front of the Commission with the sign. Commissioner Gort: Why don't you have them come around. Have them come around and give it to the Mayor. Mayor Clark: They could take it back there if... hold it right up front. Ms. Moreras: All the boys and girls stand and face the audience, please. Commission, please excuse their backs. Vice Mayor Plummer: Let all the Commission... Come back, come back. Commission, we'll stand up. Ms. Moreras: Move back against... Vice Mayor Plummer: OK, look at that ugly guy in the back with the camera. See that ugly guy back there? You see that ugly camera man. Commissioner Gort: I want you to know, for having this amount of kids in here, they were very well behaved. Ms. Moreras: Thank you, Commissioner Gort. The Enviro Cops Mentors Program was implemented in 22 City parks, and we will recite one of the very few things that we learned, but this is a very powerful pledge that was written by Mayor Robert Ingraham. I would appreciate for everyone here to please stand and raise your right hand, and repeat after Keeyana Ahmad Childs, who attended African Square Park this summer. It would be very appreciated if the audience would stand also and raise their right hands. Thank you. Vice Mayor Plummer: The last time I did this, I got married. Ms. Moreras: You're going to be pledged into something better. Vice Mayor Plummer: They're both environmentally dangerous. Mayor Clark: Let's go. Ms. Keeyana Ahmad Childs: I stand up tall. The Audience: I stand tall. Ms. Childs: I reach for the sky. The Audience: I reach for the sky. Ms. Childs: I am an enviro cop. 77 September 14, 1995 The Audience: I'm an enviro cop. Ms. Childs: I police pollution. The Audience: I police pollution. Ms. Childs: And arrest waste. The Audience: And arrest waste. Ms. Childs: I'm an enviro cop. The Audience: I'm an enviro cop. j Ms. Childs: I recycle my tools. l The Audience: Recycling is my tool. Ms. Childs: I'm no fool. The Audience: I'm no fool. Ms. Childs: There is no doubt. The Audience: There is no doubt. Ms. Childs: I won't cop out. The Audience: I won't cop out. Ms. Childs: Thrifty is how I'll be. The Audience: Thrifty is how I'll be. Ms. Childs: Reduce, reuse, recycle, you'll see. The Audience: Reduce, reuse, recycle, you'll see. Ms. Childs: No to drugs. The Audience: No to drugs. Ms. Childs: No to guns. The Audience: No to guns. Ms. Childs: I'm an enviro cop on the run. The Audience: I'm an enviro cop on the run. Ms. Childs: Make no mistake. The Audience: Make no mistake. 78 September 14, 1995 Ms. Childs: I've got what it takes. The Audience: I've got what it takes. Ms. Childs: I believe. The Audience: I believe. Ms. Childs: I will achieve. The Audience: I will achieve. Ms. Childs: I believe. The Audience: I believe. Ms. Childs: I will achieve. The Audience: I will achieve. Ms. Childs: Thank you. Ms. Moreras: And you all will. Thank you. (APPLAUSE) Ms. Moreras: We have Mr. Miami Parks with a special presentation for Mayor Steve Clark, and all of you up here who have been so cooperative have a little gift coming to you from our children. Boys and girls that have a little gift, go see them, and thank you. ---------------------------------------------------------------------------------------------------------------- 23. (A) DISCUSSION CONCERNING ST. AGNES RAINBOW VILLAGE DEVELOPMENT CORPORATION (240 NW 11 STREET). (B) COMMISSIONER DAWKINS DIRECTS CITY ATTORNEY TO PREPARE LEGISLATION WHEREBY ANY PROPERTY WHICH IS DONATED BY THE CITY, AND WHICH IS TURNED INTO A SOCIAL SERVICE SHELTER, SHALL REVERT BACK TO THE CITY. (C) VICE MAYOR PLUMMER DIRECTS CITY ATTORNEY TO DRAFT AN ORDINANCE GIVING COMMISSION DISCRETION TO GRANT SPECIAL EXCEPTIONS FOR ANY KIND OF SHELTER FACILITIES IN THE CITY. Vice Mayor Plummer: Mr. Mayor, once again, we had promised Father Barry, immediately upon your return, which is item 5, and any persons wishing to testify. It was at your request that this item be brought back today. Mayor Clark: All right. Please give us your name and address for the record if you're going to speak. Irby. Mr. Irby McKnight: My name is Irby McKnight. 79 September 14, 1995 Mayor Clark: Push it up a little bit, Irby. Mr. McKnight: I live at 224 Northwest 12th Street. I'm here on behalf of the tenants at 240 Northwest 11th Street, at their request. We have an attorney, Phillip Volvo, who had to go to court today. So the only thing that we want to convey to you is that when the tenants approached me on the issue, it was already in progress, and basically what had occurred had already happened. And when we looked into it and realized that this facility was being used as a shelter, and we are a neighborhood of shelters, we thought that we would oppose other shelters coming to our community in December, and we did. We lost, but you said that we wouldn't get any more. Since that time, Better Ways opened a shelter on 17th Street and 6th Avenue, and now this one on 240 11th Street, and of course, 1217 2nd Avenue is still being used as a renegade shelter. So while the Commission had us believe one thing, something else actually occurred. We don't know how, nor why, but we do know that it was your suggestion that no other shelters would be supported for the Overtown community. And while we did not want the 1550 Miami Avenue shelter, we did accept defeat gracefully. But we had no idea that this would still be pound upon us. Otherwise, we may not have been so graceful with that defeat. But today, we would like to ask that the City reconsider the properties at 240 Northwest 11th Street and deal with the covenant and the deeds that was already there when these properties were donated to the City of Miami. Thank you. Mayor Clark: Thank you, sir. Thank you, Mr. McKnight. Yes, ma'am. Ms. Christina Mansfield: My name is Christina Mansfield, and I live at 240 Northwest 11th Street. And I was very happy renting from the City of Miami, and I wondered why, because the City turned over the building, that I have to get out of my apartment. It don't... To put homeless in and put me out, it don't make no sense. I pay my rent, and the City... I gave each one of you a packet to show that the City had a contract that was given to Father Barry, and he's not honoring that, and it has a reverter clause in it. And I would like, you know, for the Commission to do something about it, because it's supposed to provide housing for low income families. And to be served with a notice that says get out, I don't see where that's helping anybody. Thank you. Mayor Clark: Thank you, ma'am. Yes, ma'am. Ms. Sharon Dames: My name is Sharon Dames. I live at 240 Northwest 11th Street, Apartment 5, and the same thing that we are talking about today, is that like in the... in the order of what Father Barry is saying, on August the 31st, we have to get these people out and put the homeless in and the mentally ill people in. And I don't think it's fair, because I'm a home... You can put me out, and my family. Now, my family is homeless, too. Mayor Clark: All right. Thank you, ma'am. Yes. Ms. Patricia Payne: Hi. My name is Patricia Payne, and I'm here speaking on behalf of my mother, Florence Woods, that has been a tenant at 240 Northwest 11th Street for... I'm 36 years old, and she's been there for 36 years. And I want for... for the purposes of this organization, what they got now, with New Horizon and with the City of Miami, we really don't know definitely the changes, and what's really going on, because Father Barry and nobody have really came out to talk to the people that stay at 240 Northwest 11th Street. I think things haven't been done in a professional way to let us know what's the consequences, if we do have to get out, you know. Mayor Clark: Mr. Dawkins, do you have any response here? 80 September 14, 1995 Vice Mayor Plummer: Father Barry is here. Commissioner Dawkins: Mr. Mayor, Father Barry is here. I think we should hear from Father Barry and then we should respond, Mr. Mayor, I think. Mayor Clark: Father Barry, are you still with us? Vice Mayor Plummer: Yeah, he's here. Mayor Clark: Yes, Father Barry. Father Richard L.M. Barry: Yes. I'm Richard Livingston Marquest Barry, the rector of Saint Agnes Church. Let me say that I did not request an appearance before the City Commission. Frankly, I don't think I have any business with the City Commission, In January of this year, when the properties at 240 11th Street were conveyed to Saint Agnes Church, a letter was sent out to all of the tenants of 240 that the properties were being conveyed, changes would be made. Right from the beginning, it was no question that we were going to make changes. Now, let's look at the 240 Building. There are eight units, four of which are occupied. Two -bedroom, wall to wall carpet, central air and heat. Some of the tenants are paying forty dollars ($40) a month, one of whom has yet, since January, to pay anything. We have one apartment that brings a hundred and four dollars ($104) a month. That person is consistent with their rent. We have an elderly person there who can very easily be placed in senior folk facilities. I look at all of that. I've.spoken personally.._with Mrs. Mansfield, with the daughter of the elderly person, and I told them that we would do everything we could, and we did, to intercede for them with HUD (Department of Housing and Urban Development) to have them relocated. None of them went to HUD. OK. Did you go apply? Ms. Mansfield: When I went to HUD, they told me that I had to be in a wheelchair or on crutches, because they have over five thousand (5,000) applications, and I was a working person, and they couldn't do anything for me. I explained to them that I'm a low income working person. Father Barry: But we did intercede. We tried to get those persons who were honestly looking for housing into HUD. Now, what it boils down to is, really, it's a matter of economics. The 240 building, at the rate it is going, will bring less than - less than two thousand dollars ($2,000) a year. When the City sends us the tax bill, we can't come to the City and say, the building is occupied by four people. When the insurances are due, sixteen and some thousand dollars, we can't say, the building is occupied by four people. When the building falls below minimum standard for housing, we can't come and say, the building is occupied by four people. The other problem we have there is that the 240 building is drug infested. It is so bad in that area that I called Chief Warshaw and I asked him to go in that area and clean it up. I sat in my car and watched drugs being sold out of two apartments in the 240 building. Chief Warshaw did go down in there. He sent - I think his name was Lieutenant McKennon. He gave that responsibility to him. They sent an officer down there in plain clothes. He went down there and got robbed. Vice Mayor Plummer: What? He got robbed? Father Barry: One of the assailants ran into the 240 building - one of those apartments - I know the apartment, and all of that - and one got away, but one was arrested, I think. It's a disgrace down there, and I'm saying to you that we have a responsibility to the City of Miami to make that property - put it on the tax rolls, to keep it up, and be responsible for the trust you have reposed in us. And it's simply a matter of economics. It is not my desire to displace anyone, but it's also my responsibility to live up to the trust that you have reposed in us. 81 September 14, 1995 C Mayor Clark: Thank you, Father Barry. Ms. Payne: Excuse me, but I don't know if Father Barry or Perry know that when the robbery took place, that happened on the corner of 3rd Avenue, and the people that... They had part, like he said, half apartments, four apartments is full with the rehab, drug rehab mental patients. One of them had their door open. They came off the avenue and ran into the building because those that's in the program had their door wide open. So they ran around on the other side of the fence and came into one of these person's door, apartment, who they rent out the apartments to. It's supposed to be a drug rehabilitation for mentally disturbed people. That's what... I guess they're with New Horizon also. But we have people that's in that program protesting against the program saying, why have a drug rehabilitation center right in the middle when people is rehabilitating themselves from drugs and mental problems, and it's right in the area, right in the community of one of the biggest drug problems it is, right there on 11th Street? You see, why put drug rehabilitation people in a drug infested area? That's not helping them rehab. You see, if you could come and if you could see the people that they're putting in the apartments, half of them have left already, because they're supposed to be rehabbing, but they're not rehabbing, not in the area where they put them at. So. Mayor Clark: All right. Ms. Payne: And my mother, she's a tenant at 240 Northwest 11th Street for 36 years. Her... all —her —rent —receipts from the 36 years that she's. been there. We have been there since the building was remodelled. We had to move out and the building got remodelled. We moved back in. My mother has all her rent receipts. Yet, the air conditioner is not fixed. It hasn't been fixed... Since these people have been here, everything have... They fixed apartment 1, apartment 8 and 3. We have all our rent receipts. Our air conditioner has been out for maybe almost a year after the City of Miami had them. Nothing has been fixed. So what do you do about the people that do pay their rent on time? You know what I'm saying? Do they get any service? You pay your rent, and you don't get no service. Like we're just trying to get shipped out. Mayor Clark: Let me say this. The property has been turned over properly to Father Barry and his group. It is now my understanding that that's now owned by New Horizons. Ms. Payne: Right. Mayor Clark: What is the position of the City, Mr. Attorney? Mr. Cesar Odio (City Manager): We support Father Barry's project there, absolutely. Ms. Arrington Copeland: I'm Arrington Copeland, and I'm speaking on behalf of everyone there. The building was given to the City of Miami - I mean was given to Father Barry. If the City would have given the building to the tenants that's already.., the four tenants that's already been there, and probably would have gotten a power of attorney, let them pay the expenses, and let them move other people in the four apartments that's already now available. Those... The City of Miami was kind enough to come and fix the whole apartment buildings up. Father Barry and New Horizon did not have to do anything. They come in and they just collect the money. I can understand it's an economic thing, but the problem is, is if you're saying it's drug infested, that's understandable, but those are not the people who are bringing in the drugs or whatever else. He hasn't come out on a one-on-one basis and speaking to neither one of these tenants, nor have... the City of Miami could have just talked with the tenants and tell them, this is the situation going on. If the building was purchased by Father Barry or whomever privately, then that would have been understandable. But if the building was granted to Father Barry under 82 September 14,1995 —J nonprofit organization, then if it's nonprofit and for low income, these people are low income, and they don't have anywhere to go. I mean, I can understand he's trying to do something right for the community, but if he's trying to do something right for the community, come out and speak with the tenants. Come out and speak with the tenants. The building was fixed up, and the building has no... nothing wrong with the building. You know, these people lived here over 30 some odd years. I mean, it wasn't too much for the City of Miami could have... I mean, it wasn't too much that Father Barry had to do to the building in order for the... it would have been expenses corning out of their pockets. Mayor Clark: Let me say this. We're all here today as a result of a request by Commissioner Dawkins to me, stating that the CRA (Community Redevelopment Association) is not involved in the transaction. "The CRA requests that you schedule the discussion item for the September regular Commission' meeting to invite Father Barry, Ms. Woods, the City Manager and others to come and voice their concerns on both sides." You've voiced your concern, Father Barry has voiced his concern. What's the situation? Ms. Payne: Could it be any power that the City of Miami could do... Mayor Clark: They own the building. Ms. Payne: I mean, not saying that they own the building, but the building was given to him. I mean, is there any way the City of Miami can help these people get replaced or anything? Mayor Clark: That might be possible. Ms. Payne: I mean, speak with... you know. Vice Mayor Plummer: I don't see what you can do. Mayor Clark: That may be a possibility, but that's not the case why we're here today. Ms. Payne. Right. That's... I mean, that's what we thought we was here for today or whatever. Mayor Clark: Mr. Manager, can you assist? Ms. Payne: I mean, could you assist us on anything... Mr. Odio: I don't want to mislead them. Mayor Clark: Can you assist in finding them something? Ms. Payne: That's what I mean... Mr. Odio: In finding another place to go to? Mayor Clark: Yeah. Mr. Odio: Sure, we can help them out. Mayor Clark: That's what they're asking. Mr. Odio: But not to... Father Barry is running that place. He decides. Vice Mayor Plummer: Well, but if I may say, just for one thing, you know, and I don't have... 83 September 14, 1995 Ms. Payne: I mean, that's not right, man. Vice Mayor Plummer: Father Barry is a big boy. j Mayor Clark: Please. Vice Mayor Plummer: This property was not given to Father Barry. It was given to the church, OK? And I don't want anybody to leave here with the misconception that this is his personal property... Ms. Payne: Oh, I'm sorry. I'm sorry, I misstated that. I'm sorry. Vice Mayor Plummer: ... and that he's putting money in his pocket. This was given to the church. Father Barry might be there next year or ten years, and then he'll be gone, and there will be others that will be there for that church. Ms. Payne: That's understandable. Vice Mayor Plummer: It belongs to the church. Mayor Clark: Go ahead. Vice Mayor Plummer: He represents the church. Mr. McKnight: Commissioner Plummer, sir, we're aware of the fact that the property was given to the CDC (Community Development Corporation) and Saint Agnes Rainbow Village. Vice Mayor Plummer: OK, OK. But it's not personal, Irby, is what I was bringing out. Mr. McKnight: We understand that, too, sir, but we also understand that it is being used as a shelter for mentally impaired individuals. Mr. Odio: Mr. McKnight, we checked that out. You know, the apartments were rented, two apartments were rented. They are paying full rent, and they are entitled to live somewhere. Mr. McKnight: Sir, we did not say they weren't entitled to live somewhere, but couldn't that "somewhere" be Brickell Avenue? They'd like that better than Overtown, and we would, too. So we're aware of the fact that they have to be somewhere. But again, when will you end dumping all these people into Overtown? Mayor Clark: Thank you, Mr. McKnight. Mr. Manager, you were... Yes, Willy. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes. Commissioner Gort: I have a question of staff. When we gave this to the CDC, did we add certain conditions to it? My understanding is, the biggest complaint here, Father Barry, is that this is being used for homeless or... Mr. Frank Castaneda: No. Commissioner, my understanding is that the biggest complaint is that many of the tenants there have not paid rent for a long time. Father Barry is displacing them for lack of rent payment, and is finding other people to rent. In the particular case, he has rented two units, I believe, to Horizon, New Horizon. 84 September 14, 1995 Mr. McKnight: Four units, sir. There's only four units occupied. Two people are current. Commissioner Gort: Excuse me. I've still got the floor, please. Mr. McKnight: OK, Commissioner Gort: Did we add any conditions when we turned over this building? Mr. Castaneda: To rent to low and moderate income individuals. That was basically the condition. Commissioner Gort: Thank you. Mayor Clark: It's in the... It's a warranty deed, and I got a copy of it right here. Mr. McKnight: Yeah, and we got a copy of it. Mayor Clark: All right. Commissioner Dawkins: Let me say this. Father Barry is my friend, Talmidge Fair is my friend, Evelina Bestman is my friend. But I, for one, am fed up with Father Barry, Talmidge Fair or Evelina Bestman. bringing individuals into the community that are not wanted. Every time you look, it's this community that bears the brunt of these individuals. Now, they decided to share the burden. They are now putting them in Wynwood. So we aren't by ourselves any longer. But Mr. Manager, I, for one, would like for you and the City Attorney to draw up legislation where any property that belongs to the City that's donated to any nonprofit organization and that organization decides to turn it into a shelter of any kind, it reverts back to the City. I mean, this is history, Mr. Manager. I mean, this has been done, there's nothing we can do about it. But let's make sure that this does not occur again. Mayor Clark: Thank you, Mr. Dawkins. All right, folks. I think we've gone as far as we can. Mr. McKnight: I have a question, sir. Mayor Clark: One question. Mr. McKnight: Commissioner Dawkins, how would that be different from the reverter clause that's already there? Commissioner Dawkins: Mr. McKnight, you spoke with me about the reverter clause. I told you that there is an arbitrator in America. The arbitrator is called the courts of the United States of America. If you feel you have been wronged, get you a lawyer and go to court. That's what I told you. Now, that's all I can tell you. Mr. McKnight: Thank you. Commissioner Dawkins: We up here, we cannot serve as judge, jury or condemnor. We can only go by what we have. So if you feel that you have a legitimate legal problem, you have to get you a lawyer. Even though this is a lawyer, he can't deal with it, because he's serving as the City Attorney. Mr. McKnight: We have an attorney, sir. He had to go to court today and couldn't be here. And that is our next step. As a matter of fact, we provided copies of our correspondence. 85 September 14, 1995 A Mayor Clark: Very good. Commissioner Dawkins: Well, that's what you have to do. You have to get you... Go to court and come back, and do whatever you have to do. But we have gone... This was done legitimately, and you have to go back and go to court and try to unlegitimize it, if you can. Mayor Clark: All right. Thank you. Mr. McKnight: Thank you. Mayor Clark: Thank you all, folks. Vice Mayor Plummer: Mr. Mayor, Mr. Mayor, if I may. Mayor Clark: Yes, sir. Vice Mayor Plummer: Mr. City Manager, you know, what happened? We had a thing here in the City of Miami where no more programs could come into the City of Miami until other communities under Dade County accepted their fair share of the burden. You don't find one of these in Miami Shores. You don't find any programs in El Portal. Commissioner Dawkins: Key Biscayne. Vice Mayor Plummer: Or Key Biscayne, you know. And I don't want to pick on any individuals, but we made an absolute that there would be no more in the City of Miami. You cannot convince me that... Kids in Coral Gables have a problem, but you don't find a program in Coral Gables. We need to do something. We have over sixty some of these facilities in the City of Miami. Now, I don't know what we're going to do. But if we... Mr. Odio: We do. We are doing exactly what you ordered us to do. Commissioner Gort: Commissioner... Mr. Odio: Any time the City has to approve a facility of those kinds, we don't. Commissioner Gort: I think we need to do that, and I've got the charts here that can show you the facilities that we have within the City of Miami as compared to the rest of the City. Vice Mayor Plummer: Incredible. Commissioner Gort: I've got the two charts right here. Vice Mayor Plummer: And not only have we got the problem there, each one of those are non... are tax exempt. Mr. McKnight: That's right. Vice Mayor Plummer: And you know, but there's got to be somewhere, a way that we can... Mayor Clark: We must move forward. Vice Mayor Plummer: ... force other people to assume their obligation as we are assuming ours. And Mr. Manager, I think that you can come up, I'm not sure, with an ordinance, Madam City 86 September 14, 1995 R Attorney, that says that this Commission reserves the right to OK on special exception any kind of facility that is applying for an area in the City of Miami. We've got to do it. We can no longer... Commissioner Dawkins: Is that legal, Madam City Attorney? Vice Mayor Plummer: Well, I'll ask that it be looked at, and she can come back to us. Commissioner Dawkins: OK. Thank you. Vice Mayor Plummer: I think she knows the sense of this Commission that says enough is enough. Commissioner Gort: I got a question. Mayor Clark: What is it, Willy? Commissioner Gort: My understanding is if any of those programs were established, they have to be licensed by us, and they have to be licensed by HRS (Department of Housing and Rehabilitative Services). Am I correct? Mr. Odio: Some of them. I mean, there are some that can move into an apartment and live there, which is the case.here. Commissioner Dawkins: And there's nothing you can do about it. Mr. Odio: Now, if they're going to come in to us for approval of any kind, we're denying them. We have the whole program to show everything that has come through us that was going to be placed within the City limits, we have denied. Mayor Clark: All right. Let's move forward. Commissioner Dawkins: Commissioner Gort, the answer to this is for all of us who reside in the City of Miami to encourage individuals to move into the City of Miami. If there is no vacant spot, Mr. Mayor, no vacant house, nobody can put nothing in it. Mayor Clark: That's right. Commissioner Dawkins: But as long as it's vacant, HRS, the State of Florida, anybody can come, and we cannot stop them, Mr. Mayor, Vice Mayor Plummer: And it's low rent. Mayor Clark: And let me tell you, the Supreme Court of the United States has just recently ruled in that area. Commissioner Dawkins: See? So the key to this is find houses and find somebody to move into them, and then there will be nothing vacant for these kind of things to go into. Mayor Clark: All right. Thank you, Mr. McKnight and ladies. Thank you. Father Barry, thank you very much. END OF DISCUSSION -- NO ACTION TAKEN September 14, 1995 NOTE FOR THE RECORD: At this point, Vice Mayor Plummer recognizes the presence of John Cavalier, Mayor of Miami Springs, in the Commission Chambers. ------------------------------------ (--------------------------------- 24. Continued Discussion) BRIEF COMMENTS BY MANAGER ON DADE COUNTY'S APPROVAL OF PROPOSED AGREEMENT TO PURCHASE CITY'S CENTRAL TRASH TRANSFER STATION, AND TO PROVIDE FOR DISPOSAL OF MUNICIPAL SOLID WASTE MATERIALS AT COUNTY FACILITIES. (See label 21) ---------------------------------------------------------------------------------------------------------------- Mr. Cesar Odio (City Manager): Just for the record, Mr. Mayor and Commissioners, I was just notified the County approved all the items on the garbage and the transit station. Mayor Clark: That's good. We're in good shape. 25. DISCUSSION CONCERNING THE CITY OF MIAMI SPRINGS' OFFER / LETTER OF INTENT TO PURCHASE MIAMI SPRINGS GOLF COURSE AND COUNTRY CLUB FOR $2,450,000. Vice Mayor Plummer: Is Mayor Cavalier ready? Mayor Clark: Johnny, please come up. What kind of a checkbook does he have? Mayor John Cavalier: Mr. Mayor, members of the Commission, my name is John Cavalier, City of Miami Springs Mayor. I have with me here this morning, we have our Council Member Richard Wheeler who is here, and our City Manager Frank Spence, we have our Recreation Chairman, Doug Orr, and we have a former employee of the County, Jim Caudle, who is also a resident of our City. Vice Mayor Plummer: Do you also have a big check? Mayor Cavalier: Well, we'll talk about the size of the check. Just to give a brief history: in 1923, the Curtiss Bright Company sold to the City of Miami the golf course, 186 acres, for the amount of seventy-five thousand dollars ($75,000). Now, when your City announced that you had an interest in selling, we had an interest in buying. So we ordered two appraisals, as required by law, and we received the two appraisals, of which you have a copy. One was for two point nine million ($2.9 million), and the other was for two million ($2,000,000). We subsequently approved, offering the City the purchase price of two million four hundred fifty thousand dollars ($2,450,000), which we feel is a fair offer. We would purchase the property subject to referendum by our citizens, and subject to securing a general obligation bond. As you know, the property is in terrible condition, and really does need attention. We would upgrade the course and the facilities from its present condition. We would use part of the course, the September 14, 1995 __J property, for an enhancement of our recreational facilities. In our city, we're landlocked, and the City only owns three point six acres of land for recreational purposes. If we are able to secure the golf course, this will help us relieve the pressures of our recreational facilities. The golf course is zoned for public recreation use, and it will remain a golf course, and no portion of the land will be used for private commercial development of any kind. We appreciate your allowing us here today to make our presentation. Before I close, very briefly, I would like you to just hear a few words from our Rec. Commission Chairman, Doug Orr. Very quickly, just a few comments. Mayor Clark: I know he can tell you a lot about plumbing. Mr. Douglas Orr: Yeah, plumbing and recreation, those are my two expertises. Mayor Clark: Good. Mr. Orr: Thanks for having us here. I've been a Recreation Commission Chairman for many years in Miami Springs. I was born in Miami Springs, lived there all my life, which is quite a few years, and the recreational program in Miami Springs is something we've been real proud of, but we do have a land problem. As John mentioned, we only have three point six acres dedicated to Recreation Department use, and we have a revitalization of young people again in Miami Springs, which is a good problem to have, and we're glad to have it, but we don't have any land to put them on. And we've been trying to work deals with the School Board to use their fields, and so forth, and there's all sorts of liability.. problems and legal problems. And we want to expand our program and, the only place we can go to is the golf course. Now, as the Mayor knows, I play that golf course every week, at least once, and have been doing that for over four years, and I've spent some time there with the Mayor, himself. And the golf course now is in terrible condition. And we understand it, we know how budgets go and where money has to go, but we want to improve the golf course, bring it back to what it was. And the golf course, I believe, is the oldest existing golf course in Dade County. Mayor Clark: Probably is. Mr. Orr: Yeah. I think Biltmore came right afterwards. But we just... We feel like we're making a fair offer, and we're also looking to the City of Miami to help us be able to make it a better facility and remain a golf course, and help our young people in the future. So that is our position. Mayor Clark: Mr. Manager, are you listening? Mr. Cesar Odio (City Manager): I listened to every word. I sure did. I'm not buying... I'm not selling, I'd say. I cannot recommend this at all. Mayor Clark: You know, I think we ought to be able to work out some type of a deal with the City of Miami Springs so they don't have to go into a lot of debt, and a referendum, and everything else. You know what I'm talking about, Manager? Mr. Odio: Yeah. If they could pay five million dollars ($5,000,000), it's no problem. We have an offer from the private sector to pay seven for this property. I think to accept their offer, with due respect - I do care for them a lot - it's that we cannot. Two million four fifty is just not enough for a valuable property like that. I'm sure that maybe they can look in their budget again and look for five. Vice Mayor Plummer: Well, I think, in all fairness, if five is the number - and I'm not sure that it is - they're willing to pay two point nine, is what I understand, is what they were ready to write 89 September 14, 1995 a check for this morning. Why couldn't you work something out of a payment over 20 years? Then each year thereafter, they pay... I mean... Mr. Odio: It's cheaper for them to sell bonds. Vice Mayor Plummer: I understand that, but that... Mr. Odio: They could sell revenue bonds on that. Vice Mayor Plummer: Look, I'm not saying that you've got to sell it - OK? - in any way, shape or form. What I'm saying is, and I think that the Mayor has made very clear, is sit down and negotiate, and see if there's some kind of a compromise that you can come back with that possibly benefits them, benefits us, and benefits everybody. I'm not saying that it's a done deal. I'm not saying... I don't want to say it's a closed deal. Commissioner Dawkins: Mr. Mayor. Vice Mayor Plummer: I'm saying sit down and talk. Mr. Odio: But didn't you give me instructions to sell it for five? Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Dawkins: Here we go. The City of Miami and Dade County, give it away. Mayor Clark: We're not doing anything... Commissioner Dawkins: Now, here we come, Miami Springs, the City Manager says, in my opinion, professionally, this is what I recommend. Now we're saying, oh, no, we can't kiss this one. We got to let the Manager... No, don't do professionally what he did with the other four this morning. We must send him back and do what we want him to do. Mayor Clark: No. I believe he said, Mr. Commissioner, that he would not recommend this. That's all he said. Nothing else. Commissioner Dawkins: But... OK. But when he recommended the one this morning, and I didn't recommend it, it went through. He did not recommend this one, and it's going through. Now, that's what I said. Mayor Clark: But after he talked to you, you voted for it. God bless you. Vice Mayor Plummer: Mr. Mayor, I'll make you a motion that a committee be established to sit down with the good people of Miami Springs to try to see if there's some area of compromise that could be reached on both parties' sides, and to report back to this Commission as soon... Mayor Clark: May I serve that? May I serve on that committee? Vice Mayor Plummer: If you didn't, I'd be disappointed. Mayor Clark: All right. I'll serve on that committee. 90 September 14, 1995 Commissioner De Yurre: Well, Mr. Mayor, if I may, first of all, I think we should know if there's an interest in selling, period, before we establish any kind of committee about negotiating something that may not have three votes to do. Mayor Clark: Well, I'm not... The Manager says he's not willing to sell. I didn't see anybody up here was willing to sell. We're going to work out some kind of arrangement where we can get the golf course back in decent shape. It can be an asset to the City of Miami Springs, not only to the City of Miami. And it's in deplorable condition now from what it used to be. All right. Let me handle it. Can I handle this thing? Mayor Cavalier: Sure. Mayor Clark: All right. Next case. Thank you, Mr. Mayor. Thank you, Mr. Spence. Thank you, Doug. Thank you. END OF DISCUSSION -- NO ACTION TAKEN •--------------------------------------------------------------------------------------------------------- 26. DISCUSSION CONCERNING LOCATION OF OFFICES FOR THE MAYOR AND COMMISSIONERS IN NEW ADMINISTRATION BUILDING. Mayor Clark: All right. We have... Mr. Manager, you have an architect here? Mr. Cesar Odio (City Manager): Item 4, Mr. Mayor. Mr. Manuel Gonzalez-Goenaga: Excuse me. I need... I have a two o'clock appointment with my attorney. Mayor Clark: Sir, I... Mr. Gonzalez-Goenaga: Could I be heard before twelve, please, a time certain? Thank you. Mayor Clark: Right after this, we'll hear you, right after this. Vice Mayor Plummer: Item 4. Mr. Odio: Yes, sir. Yes, we are planning to close by the 15th of October. I think it's... I cannot make a decision for the Commission. I want to get a policy decision on what the wish of the Commission is as far as the office space for yourselves, or whether you... Vice Mayor Plummer: I don't. Mr. Odio: So I do need guidance on that. Mayor Clark: I'd like to have a spot down there to hang my hat. Vice Mayor Plummer: Mr. Mayor, let me make my thoughts known, first and foremost, very quickly. I don't want to move out of this building. It's been my home for 25 years. I love no change. I do feel, as I have said before to the Manager, that each one of us should have a small office there, not with staff, and a conference room, where if we wanted to meet there, that we had the availability of such. But I think that Dinner Key is our home, and I wish to stay here. That's for me. 91 September 14, 1995 Commissioner Dawkins: Mr. Mayor, I am moving if anybody else moves. Commissioner Plummer is staying here, so that's one here and one gone. OK. Vice Mayor Plummer: I've been trying to get rid of you for a long time. Commissioner Dawkins: And I will have a satellite office here. Mayor Clark: Yes, that's correct. Commissioner Dawkins: But if anybody moves into that new FPL (Florida Power and Light) Building, Commissioner Miller Dawkins will have an office there. Vice Mayor Plummer: I think that's great. Commissioner Dawkins: Thank you. Mayor Clark: That's fair enough if you like that. What about you, Bill? Commissioner Gort: Mr. Mayor, I think I was the first one who said I was willing to move. It's very convenient to me. It's in downtown, it's close to my office, about four blocks away from my office. It's great. But at the same time, I think the reason we bought the building and looked at the space that we'd have, I first, I thought we had a. lot of space. My understanding is, if we really want to put all our departments together, there's no way we can have the two things, for all of us to have all our offices there and have all the departments. My understanding is, the feedback that I've received is, if we all were going to have the same type of office that we have here, one or two of the departments would not be able to fit in the building. So my thinking is, I'd love to have a satellite office there, maintain an office here, and I can have a lot of my meetings here, and I think that could be accommodated. And I think those are the things we have to look at. I mean, a lot of the reasons we're doing the things that we're doing is to meet fiscal responsibility. And if we have to rent in other places, then it doesn't make sense. Vice Mayor Plummer: De Yurre. Mayor Clark: Victor. Commissioner De Yurre: I enjoy where I'm at. I feel that there's a tradition that goes along with this place, there's a lot of history that goes along with this place, and I think there's an aura about City Hall. And certainly, I feel that I would like to have a space available if for... It doesn't have to be a particular space for me, but maybe we can have like a central area, because we're not going to be all five there at the same time. I can't see that happening much at all. Just an area that can be used for the Commissioner's office that we can share. They can have the equipment that we may need to transact some kind of City business there at the time. Otherwise, I'm quite pleased, and my staff is pleased, and we have functioned well for eight years at this location. So I have no problem staying exactly where I'm at. Mayor Clark: I feel the same way. And I think Miller has made his position clear, and God bless him. He's all for it. The Miller Dawkins Building. OK? Very good. Anything else you need? Mr. Odio: So I understand, then, that we provide one office to each Commissioner and a conference room, and a common area? Mayor Clark: No. Miller wants his main office there. 92 September 14, 1995 Vice Mayor Plummer: No, he wants his office there. Mayor Clark: He wants his main office there. Is that right, Mr. Dawkins? Commissioner Dawkins: That's right, Mr. Mayor. Mayor Clark: And he wants to have a satellite office here. Mr. Odio: We do have... OK, all right. I think the City Manager should stay here. Vice Mayor Plummer: I agree. Mayor Clark: You got to, you got to. Commissioner De Yurre: Does that mean we have extra space now when he moves out or how is that going to work? Mayor Clark: Sir? Commissioner Dawkins: I'll have a satellite office. Vice Mayor Plummer: Hey, hey, hey. You all are on that side of the building. Commissioner Dawkins: I'll have a satellite office on the roof, if that's where you want to put it. It does not matter to me. Mayor Clark: No, no. We'll treat you fine. OK. Thank you. Thank you, Mr. Manager. ---------------------------------------------------------------------------------------------------------------- 27. (Continued) DISCUSSION CONCERNING ALLEGED POLICE BRUTALITY. (See label 8) Mayor Clark: Now, Mr. Manolo "Boom -Boom." What have you got? Now, we're not going to run for two hours on this thing, I'll tell you. Mr. Manuel Gonzalez-Goenaga: Oh, I don't think I will speak... I will speak less than you will allow me. Mayor Clark: All right. Mr. Gonzalez-Goenaga: And I hope you don't interrupt. Mayor Clark: Don't say that. You might not be finished. Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I am president and founder of Citizens United Against Police Brutality. We are going... What I'm going... I'm going to be very short, but to the point. We are talking here all day long about dollars and cents. But I am going to talk here about persons, human nature. That's more important than dollars and cents. When we have a Police Department, my dear friends, and this is a fact, that is an assassin, and on top of that, a liar, and is a convicted felon, like Pablo Camacho, and he is allowed to retire with 93 September 14, 1995 I thirty thousand dollars a year, if I were a member of the police force, I tell you, I would... that cheap silver badge, I will throw it away. There is... The biggest problem in Miami is crime, but crime at the police. These things start from the top down. When we hear of... How many claims do we have for police brutality? Half, half of the budget of the Police Department. Mayor Clark: Mr. Gonzalez-Goenaga, would you address the... Mr. Gonzalez-Goenaga: These are facts. Mayor Clark: Would you address the Commission, please. Mr. Gonzalez-Goenaga: I have tried. Mayor Clark: I can't see you out there. Mr. Gonzalez-Goenaga: I have tried to address this Commission, not you, only once, and thrice, you have not done a thing. It's about time the citizens get together. Let's make a coalition between PULSE (People United to Lead the Struggle for Equality), NAACP (National Association for the Advancement of Colored People), the... even the Hispanic community, because let me tell you, I am not a Cuban patriot. I am an American patriot. My uncle gave his foot, the life, to defend this country. My grandfather urged their children, even though he was a Spaniard, to fight for this country. I don't give a damn. And I feel sorry for the Cubans, but this is supposed to. be American patriots day, and I am proud to be an American, and I remember when my uncle said during the Korean War, during the Korean war, Puerto Ricans and blacks fought shoulder to shoulder against communism without, suffering. Let's do something about it, my friends. Time is of the essence. And I... You all have my posture, performance, or my testimony. Back in 1991, before the public hearings of the NAACP on police brutality, a report came out, 240 pages. It was filed during ex -Mayor Suarez, it was filed here. We were here, Reverend James Cash was here. He passed away. And police brutality continues. I feel sorry for the Envinocops police. Let's clean the police. They are our servants, and they think they are our owners. I call them... In Cuba, they are called "avispas negras." In Miami, let's call them "avispas azules." Thank you very much. Mayor Clark: Thank you, sir. Are you on this item, sir? Mr. J. Alex: Yes, sir. Mayor Clark: All right. Give us your name and address. Mr. Alex: My name is J. Alex. Mayor Clark: Yes. Mr. Alex: My mailing address is 345 Northwest 54th Street. Mayor Clark: Thank you. Mr. Alex: I would like to give you a copy of this journal, this newsletter, so that all of you can have a copy. It has to do with the police brutality that is meted out continuously against our community. Police brutality by a government is nothing new. Three thousand six hundred years ago, a government decree came down that all the little kids were to be killed, and that decree that was passed and implemented by the police was designed to weaken a nation of people. It was designed to destroy a nation of people. When this happened back there, little did they know, the perpetrators, what the outcome would be. So the efforts of that powerful government was 94 September 14, 1995 R1 doomed to fail, because God, the "Great I am," considers all the little children as His, and they are His property, and He does not acquiesce, or condone, or approve any one of them being needlessly killed. He is going to deal with anyone who perpetrates violence against the children. Due to the state of civil disobedience of the midwives, they refused to kill the little children. In disobedience, they were put to death if they were caught, but their civil disobedience continued. And so the lives of the little children were spared, and because of that, the descendents of those children came to be another child, who was Christ, Jesus. And He, too, was ordered to be killed when He was a little baby by the government of that time. Now, He was not doing anything wrong, but He was a threat to that government and to the people who were in power. Well, today, it is no different. Killing of children and young people continues. And Torry Jacobs in Coconut Grove was the victim of that same kind of despotic, racist killing of young people. He was unarmed. Seven shots were fired at him. He did not fire back. He was not confronting the police, and he was not violent towards the police officer. But the police officer continued to fire at him until he took his life. And he was only 17 years old. Now, "I Am" is watching what happens. And even though the efforts of the Miami Police Department is to brush this under the carpet - and right now, they're engaged in a cover-up - "I Am" is not going to forget the name of Torry Jacobs, because his name is written in Heaven. But it is time for an accounting to be given by those responsible for the continuous killing of our children and our young people. The Police Chief, who is condoning the cover-up, should resign. We call for his resignation. Anybody else who is involved with this continuous trend - that goes for the City Manager - they should resign. And the reason why they should resign is so that they don't have to meet up with "I Am" the same way that Pharaoh met up with "I Am." Now, what we need to do here is to set the record straight, and be very .frank about it, that this community needs to be brought together in unity so that it can move forward into the 21st Century. And we cannot do that and move it together in peace, unity, prosperity, economic success as long as they keep killing up all of these children without provocation, and without reason, and then the City of Miami have to pay seven million and eight million to Antonio Edwards, pay out two million to Lozano lawyers, and pay out millions and millions in costs, tens of other millions. How many youth centers for the children could be built in the poor communities if this money was spent building our children and building our community? And the police just keep killing up all of these children. And I think that all of the police are not into that mind set, but if only ten percent of them are, that ten percent is enough to wreck the future prosperity of Dade County. Mayor Clark: All right. Mr. Alex: And I really would like to call on this body to act now. Make these people responsible for this, account for what they're doing, and then they won't continue to do it. Mayor Clark: Thank you, Mr. Alex. Mr. Alex: We have Torry Jacobs family. Would Torry Jacobs' family please come up here, please. Would they please come up. This is Torry Jacobs' family, and this is the rest of his family. They are very grieved over what took place here, and I think we should hear just a little idea of how they feel. Mayor Clark: All right. Thank you. Give us your name and address, please. Ms. Portia Jacobs: My name is Portia Jacobs, and I'm Torry Jacobs' mother. And on behalf of my son, and he was 17 years old, in a killing death in Coconut Grove, and I just want you to hear the plea, that we're not going away, we're going to continue this plight, not only for my son, but for every male in the United States of America and Miami, and they will hear from us. This is my son, and I want you to understand that he will not go away. His name will be broadcast, the word will be out, and we're not going to forget, and we're not going to let you forget, and I hope that there will be a change from this moment on. Thank you. 95 September 14, 1995 Mayor Clark: Thank you, Ms. Jacobs. Reverend Dr. Thomas Ferguson: To the Mayor and the Commissioners, I'm the Reverend Dr. Thomas Ferguson, president of Republican Black Caucus, elected national, associate pastor of Canaan Missionary Baptist Church, which all of you have been there and have been elected from. And representing the family, as well as the minister's name and association, I'm here with compassion for justice. For justice for the family, for justice for America, for justice for our community. Now, no one has informed us as it relates to what steps are being taken, as it relates to the conduct that has been done to this young man. We have not received any kind of information or explanation as it relates to the killing of this young man. It seems like the black community is being set aside. It seems that the priority as taxpayers, as citizens of this country, citizens of this community, as well as taxpayers, it seems like the black community has less priority than any ethnic community that exists within the City of Miami. I have been in the midst of every riot. The last riot, Mr. Mayor, I lost my brother, who happened to be one of your best friends. Mayor Clark: That's right. Reverend Ferguson: My family was in grief. He died from smoke that was brought down from an airplane, from a helicopter, from the City of Miami. He died in vain. We're not going to let this young man's death be in vain. We're asking you with compassion to take steps to give us a _____...._._.....solution to.the.problem..of policemen with the kind..of..brutality mentality to go around looking for blacks like they're on a hunting mission. We are tired of it, Mr. Mayor. And you have been the best thing that's happened to this City, and Dade County and the City of Miami. I supported you personally from church from church. And I'm saying to you today, we need steps to be taken, to go and find out, and let us know what's going on, what is being said, what is being done as it relates to this young man's death. We're not going away, Mr. Mayor. And I'm saying to you today and the rest of the Commissioners and the City Manager, we need an explanation from the Police Chief on down. You are their boss. But we will no longer tolerate the shooting of our young men. If we have to go to the streets, we will go to the streets to get our demands, Mr. Mayor. But we are here with compassion, we're here with the nonviolent concept. But don't let that fool you that we're cowards. Shakespeare says a coward dies a thousand deaths, a brave man but one. I fought for this country for 22 years, in Vietnam, Korea, and I'm willing to put my life on the line for our young men. And my Bible says, "thou shalt not kill." And he was killed, and we need an answer, and we need an answer as soon as you can get us an answer. Mayor Clark: All right. Thank you doctor. (APPLAUSE) Ms. Patricia Bush: My name is Patricia Bush, and I'm the aunt of Torry Jacobs, who resides at 3453 - who resided at 3453 Charles Avenue. Looking at the statements the police officer made, he looks as though he was stopping and frisking Torry. Your stop and frisk statute does not include deadly force. Your deadly force statute states deadly force means "Force which is likely to cause death or great bodily harm, and includes but is not limited to the firing of a firearm in the direction of a person to be arrested." Torry was not being arrested. He was being stopped and frisked. And in this stop and frisk, he was killed. This officer simply saying, when Torry supposedly stopped and picked up this gun, he turned around and there was no type of cover, the lighting wasn't good. I went to the scene last night, and I took pictures, and these are night pictures with the lighting. And with these pictures, there was enough light to see. There was also a place for the officer to take cover, and not take this person's life. I will not sit back and accept the officer's story, as it is his story. I plea that there be further investigation of this, and also an outside investigation. 96 September 14, 1995 Mayor Clark: All right. Thank you, ma'am. Mr. Cesar Odio (City Manager): Mr. Mayor, if I may, before she testifies, we have... The FBI (Federal Bureau of Investigation) has stepped into this investigation. We welcome the FBI to investigate this shooting. Vice Mayor Plummer: A real quick question. Was I mistaken? Was there not at least two meetings with the community... Chief Donald Warshaw: Yes. Vice Mayor Plummer: ... at the 37th Avenue that took place? Chief Warshaw. Yes. And with all due respect to the minister who spoke, I'd like to... Vice Mayor Plummer: OK. I just... I wanted to make sure that there were meetings that took place. Chief Warshaw: I'd like to state for the record that the black community and myself, particularly the black community in Coconut Grove and I have met on numerous occasions for breakfast, sir, with all due respect to you, and that includes the Coconut Grove Ministerial Alliance.. And I..have. been meeting with them regularly, _as well as having met with members of the clergy from the Grove in my building, in which we shared with them as much as we could, as openly as we could, everything about this investigation, which now is in the hands of the State Attorney's Office. And further to that, I welcome, we'll be looked at by the Federal Bureau of Investigation. So I'd just like to say for the record that we have been meeting with the black community, and that's a very big part of my agenda, who I am and what I stand for, and I'm not in any way running from the black community or any other community. I mean, I want this to be open, and I want to tell you, also, that myself - and speaking for everyone in the Police Department - I understand that when anyone is killed by the bullet of a police officer, it certainly strikes in the hearts of every one of us, including police officers. And I want you to know that every member of the department, including officers who are involved in shootings grieve and go through a process that is not pleasant for them, and certainly is terribly unpleasant for victims. But we have nothing to hide about this. We want to make it open, and I'm not hiding anything from you, and I'd be more than happy to answer and respond. And I've never had a request from you, sir, to meet with me, ever before. Reverend Dr. Ferguson: We have asked three times for you to meet. Personally, I know this. Mayor Clark: That's not the case, now. Reverend Dr. Ferguson: And you all have failed to attend all three times. And I think... I thought this was a chance for the community to be heard, and the family to be heard, but I'd like to know - beg to differ. We have personally asked three times, the last of which was last Saturday at the Canaan Missionary Baptist Church. And we called the police. We called your office and notified them. We had another meeting before that, and we asked for you all to be represented, and you all promised to be there, but you all never showed up. Chief Warshaw: Sir, sir, with all due respect to you, number one, I don't even know who you are. And number two, I have never had any request to meet with you, ever. Reverend Dr. Ferguson: No, you... Well, if we keep shooting these children, you will know who I am, because I'm going to keep coming down here, and I'm going to ask for your resignation. 97 September 14, 1995 Mayor Clark: All right. That's enough. That's enough. Chief Warshaw: And I refuse to resign. Let me also say, Mr. Mayor - and I'd like to state something for the record, because the flier that this group put out talked about the indiscriminate killing of black juveniles and black youth by Latin and white police officers. And I'd like you to know that in 1995, we did have four fatal shootings, two of whom were Hispanic males who were killed by Hispanic male police officers. This one incident, a black male was killed by a white male, and one white male, who was killed by a white male. And in 1994, we had no fatals. And with all due respect, this Police Department has not been, is not engaged in indiscriminate killing of any group of people, not only black males, but white males or anyone else, and I want to state that for the record. Reverend Dr. Ferguson: Well, I beg to differ. Mayor Clark: All right. That's enough, that's enough. (APPLAUSE) Reverend Dr. Ferguson: Clement Lord and Allen Blanchard were indiscriminately killed. Mayor Clark: Sir, you have spoken. Sir, you have spoken. Do the ladies want to say a word or two so we can... Yes, ma'am, your name. Ms. Marion Jenkins: I'm Torry's grandmother, Marion Jenkins. Mayor Clark: Yes. Ms. Jenkins: And I love Torry. I miss Torry. Torry was not a bad child at all. And I really don't like what happened, and I hope that justice will prevail for that policeman. Mayor Clark: I'm sure that... Ms. Jenkins: ... and he gets everything that's coming to him, just like anybody else. Mayor Clark: Thank you, ma'am. Yes, ma'am. Ms. Cindy Burgess: My name is Cindy Burgess. I live at 4625 Northwest 15th Avenue for 24 years. I took to the street trying to clean up the neighborhood. I had 18 robberies, I filed for bankruptcy, they took the mail out my mailbox, and I lost my house. In February, I was in the neighborhood driving. I saw a car in an empty house. I called the police to get the car. It was stolen. A few days after, I drive in, and two black kids, they shot at me, and shot my car out, my window. I had to go down and pretend like I got shot. I had a bottle of nail polish in my pocketbook. I took it out and put over my clothes and pretend. When the police came, the kids was there, and the parents and everybody, and no one would identify the kid. I lost my house because of my own black people. So I would advise if you see a gun, whether toy or real, use your gun if you have one. I don't care if you're black, white, pink, yellow. When you break the law, you should be punished. Mayor Clark: Thank you, ma'am. Ms. Burgess: And that is it. Mayor Clark: Thank you. All right. 98 September 14, 1995 Reverend Dr. Ferguson: Thank you very much, Mr. Mayor. And for the Police Chief, the black community, we have not seen you in our black community. You might have gone to Coconut Grove. And you're trying to justify your staff and your position. You just recently became the Police Chief, but we've had this kind of problem for the last ten years, as it relates to police misconduct. I have seen in riots, in riots in Liberty City where the policemen was calling, "niggers, niggers," and had their guns and their sticks out. I was there. Chief Warshaw: And I think you know I don't condone that. Reverend Dr. Ferguson: I'm not saying you condone that, but don't try to justify the Police Department, because there are individuals in your department that you cannot control, only that justice could control it. Chief Warshaw: Sir, I didn't try to justify anything. I simply told you that I have met with the black community. Reverend Dr. Ferguson: Thank you very much, Mr. Mayor. We are nonviolent here. But don't try to say you came to the community. The community is Liberty City. Chief Warshaw: And sir, I spend an awful lot of time in Liberty City, an awful lot of time. I might not have been with you personally. Commissioner Gort: I haven't seen him at any crime watches. Mayor Clark: Thank you. I know where it's at. Thank you all, folks. Thank you. ---------------------------------------------------------------------------------------------------------------- 28. DISCUSSION CONCERNING THE SPRING GARDEN PRESERVATION LEAGUE. Mayor Clark: All right. Item number 6. We've got a few minutes. Commissioner De Yurre: At this time, Mr. Mayor, we have a group of citizens... Mayor Clark: Yes, sir. Commissioner De Yurre: ... from the Spring Garden area, and the Spring Garden Preservation League, and they came to me a while back - in fact, if you all come up, and you can present your case here also - with the idea of acquiring a piece of property on 11th Street between loth Avenue and loth Court, I believe. Mr. John Kneski: That's correct. Commissioner De Yurre: To go through the process at Tallahassee to obtain the funding to acquire the land and turn it into a park. And I told them that I would bring this before the body here for consideration, if you want to go ahead. Mr. Kneski: All right. Well, I'd like to apologize for the late date that the Commissioners received their proposals, and I've prepared something sort of to explain. 99 September 14, 1995 I Vice Mayor Plummer: I got it, but I haven't read it. Mr. Kneski: You haven't gotten it? Vice Mayor Plummer: Yeah, I have it, but I haven't read it. I mean, I just received it. Mr. Kneski: Yeah. Yeah, I know. I'm sorry about that. The purpose for bringing the proposal before you... Reverend Dr. Ferguson: Sir, would you instruct Chief Warshaw to come and meet with the black community? Vice Mayor Plummer: Well, wait, wait, wait, sir. Mayor Clark: Please. Vice Mayor Plummer: This man has the floor. Commissioner Dawkins: Write a letter requesting that to all the Commissioners and the Manager. Mayor Clark: And we'll get it done. All right? Thank you. Mr. Kneski: All right. We'd like to thank the Commission for taking the time to listen to our concerns today. We are working in a neighborhood that is trying to pick itself up by the bootstraps as we speak right now. Commissioner De Yurre: Please state your name and address for the record. Mr. Kneski: John Kneski, Northwest loth Avenue, 980. We're working in a neighborhood that is trying to pick itself up by the bootstraps, as we speak right now, but we need the municipality to help us resolve our identity as a neighborhood in order to survive. We're particularly ` concerned about the future development of the parcel in question, which is on 11th Street, between 10th Avenue and 10th Court, because of the tremendous strain that has already been placed on our neighborhood along 11th Street. These strains have included zoning changes which resulted in a hotel that has changed names four times in the last two years, and can't even afford to cut the grass. The development of the Water Department's pump house on 11th Street into a huge industrial materials and equipment depot with nothing to separate the neighborhood from it other than a chain link fence has further... Mayor Clark: Sir, I don't want to shoot you down. Mr. Kneski: Yes. Mayor Clark: Let me tell you what we should do with this. Mr. Manager, Jack, Cesar? Have you seen this? Mr. Cesar Odio (City Manager): We have, and we are prepared to recommend not to buy the property. Vice Mayor Plummer: Well, is that with a request? I thought it was going to be of the Coral Committee of the State to acquire. Mr. Odio: No. From what I understand from this is that they want us to buy this property and ' make it into a park. The appraisal is coming in at two hundred thousand ($200,000). The 100 September 14, 1995 owners want four hundred thousand ($400,000). I also understand there is a group in the community that do not want this to happen, and that the owner simply wants to sell his property to us, and we don't want to buy it. That's my recommendation. Mayor Clark: Well, I would like to go over this more. Can you give us a response back in writing? Mr. Odio: Yeah. I will be glad to do that, Mr. Mayor. Vice Mayor Plummer: Well, let me ask this. Mayor Clark: You've read all of this. Vice Mayor Plummer: Victor, is there a possibility of the Coral? Commissioner De Yurre: My understanding is that what we were doing here is joining, as far as saying that if the State provides the money, that we have no problem with turning that into a park. Mr. Odio: As long as we don't buy it. What I am saying is that the... But I also understand that the neighborhood doesn't want this to happen, so maybe you should have a public hearing out by the neighborhood and find out what... Commissioner De Yurre: Well, what... Our NET (Neighborhood Enhancement Team) office over there, do you have any input into this situation? Ms. Miranda Albury: Yes. Good morning. I'm Miranda Albury, the Overtown NET Administrator. I've talked with the Spring Gardens Community Association. They are not in favor of the project as it is here. They are meeting this evening at 7:00 p.m., and I think it would be helpful if the gentleman would be- and he's participated on those committee meetings - be there and present the project. Commissioner De Yurre: Do you have a problem with that? Mr. Kneski: I'm the vice president of the Civic Association. I had no idea that you had been in contact with me. I mean, so I don't know how you... Ms. Albury: I've been in contact with Ms. Rodell and Ernie Martin, various members of the community, and again, they are not aware of all of the particulars, and the specifics with this project, and would like it to be brought forth to the community. Commissioner De Yurre: And they're meeting tonight at seven o'clock? Ms. Albury: Tonight at 7:00 p.m. at the Travel Lodge Hotel. Commissioner De Yurre: OK. Why don't you all get together tonight and come to some decision, and then bring it back to us, and you can go through my office, and we'll bring it back again. Mr. Kneski: All right. Well, we're prepared - excuse me - we're prepared to offer the Commissioners a petition from the entire neighborhood if that would help the process. The problem is, is that several individuals who are leading the Civic Association often are not in favor of projects that the neighborhood is in favor of, is the problem. 101 September 14, 1995 Mayor Clark: Commissioner Gort. Commissioner Gort: Mr. Mayor, I had... Commissioner De Yurre: Well, you all try to work it out. Mayor Clark: Please. Commissioner Gort: I had the pleasure of going to one of the meetings, I think it was one of the first meetings, and they've got to have several meetings before they come to some conclusions. That's the conclusion I got out of the first meeting I went to. Even there was argument, you know, among the board of directors. Mr. Kneski: Yeah, that's exactly what I'm talking about. Commissioner Gort: So I think that they need to get back and get their act together. Mr. Kneski: That's exactly what I'm talking about. Vice Mayor Plummer: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner De Yurre: Well, bring it back to us then. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 29. PERSONAL APPEARANCE: REVEREND HENRY W. DANIELS CONCERNING THE ST. JOHN COMMUNITY DEVELOPMENT CORPORATION. Vice Mayor Plummer: Mr. Mayor, before we break for lunch, one of the items that we deferred that needs to be taken up is item number 10. Item number 10... Hey, you're not going to make it. You'll be here after lunch. See you at three. Item number 10 is the item... Unidentified Speaker: Excuse me. Vice Mayor Plummer: Is it not 10? No, it's item 10, relating to the firemen's pension. Unidentified Speaker: That's Goombay. Mr. Cesar Odio (City Manager): Twenty-eight. Reverend Henry Daniels: Excuse me, Mayor Clark. Vice Mayor Plummer: Twenty-eight. I'm sorry, I stand corrected. That was the one we jumped over. They're here, they would like to go, and I think we can take it in a matter of minutes. Reverend Daniels: I cannot come back after lunch. 102 September 14, 1995 Mayor Clark: What item are you here on, sir? Vice Mayor Plummer: What item? Reverend Daniels: Item 15. Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes. Commissioner Dawkins: Item 15, they'll be given the money, and I'll explain to the Manager, and he'll explain to everybody. Mayor Clark: Community development? Reverend Daniels: Saint John Community Development Corporation. Commissioner Dawkins: Saint John Community, fifty thousand dollars ($50,000)... What is it, fifty, Henry? What is it, fifty thousand ($50,000)? Reverend Daniels: Yes, it's fifty. Commissioner Dawkins: For fifty thousand. We will give it to them, and I'll sit down and explain it, and I'll explain it to the Manager so that he can explain it to each one of you. Mayor Clark: All right. Commissioner Dawkins: OK. Thank you. Reverend Daniels: Thank you. Mayor Clark: Thank you very much. Commissioner Dawkins: Go ahead. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 30. (Continued Discussion) EMERGENCY ORDINANCE: AMEND CODE ARTICLE IV CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST) -- ADD NEW SECTIONS 40-212(D)(3), 40-212(E)(6), 40-212(F)(4), 40-212(G)(8), 40-212(I)(4), 40-212(L)(3), AND 40-212(P) -- AMEND SECTIONS 40-200 AND 40-213(C)(17). (See label 14) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Item 28 is the item reference to the things that we deferred until your arrival. Mr. Cesar Odio (City Manager): Yeah, the drug program, part of the labor contract with the Fire Department. Vice Mayor Plummer: Correct. 103 September 14, 1995 Mayor Clark: Well, let's move it and get it on. Vice Mayor Plummer: I move it, Mr. Mayor. Mayor Clark: Is there a second? Call the roll, Mr. Clerk. Vice Mayor Plummer: It's an ordinance. Item 28 is an ordinance. Please read it. Mayor Clark: Read the ordinance. Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY AMENDING ARTICLE IV OF CHAPTER 40, ENTITLED: "PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST"; MORE PARTICULARLY BY ADDING NEW SECTIONS 40-212(D)(3), 40-212(E)(6), 40-212(F)(4), 40-212(G)(8), 40-212(I)(4), 40-212(L)(3), 40-212(P) AND AMENDING SECTIONS 40-200 AND 40-213(C)(17); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR EFFECTIVE DATES. was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Whereupon the Commission on motion of Vice Mayor Plummer and seconded by Commissioner Gort, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11300. 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. 104 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 31. ACCEPT PLAYGROUND EQUIPMENT AND SITE IMPROVEMENT FROM KIWANIS CLUB OF LITTLE HAVANA FOR JOSE MARTI PARK. ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: Mr. Mayor, Mr. Mayor, wait a minute. I'd like to hear item 22. This is the Kiwanis Club of Little Havana. They're going to spend two hundred and fifty thousand dollars ($250,000)... Vice Mayor Plummer: What? What? Commissioner Gort: ... in fixing Jose Marti Park. Vice Mayor Plummer: What? Commissioner Gort: This will only take a minute. Mayor Clark: They're going to put up the money? Commissioner Gort: Yes, sir, they're putting in all the money. They're going to do it. Commissioner Dawkins: Move it. Vice Mayor Plummer: Second. Mr. Jose Marban: Mr. Mayor... Mayor Clark: Call the roll. Mr. Cesar Odio (City Manager): They're going to do Marti, Jose Marti Park, but they need encouragement. Mayor Clark: Wait a minute, now, just a moment, please. Vice Mayor Plummer: I understand. That's fine. That's great. Mayor Clark: Please. On item 22, there's been a motion and a second. Mr. Marban: The only thing I'd like to, Mr. Mayor, I would like to clarify that the playground that we're going to do, we want to name it under one of our members. I just want to go on record that it will be named Kiwanis of Little Havana, as I distributed over there. Also showing you... Vice Mayor Plummer: Well, wait a minute. You can't rename the park. Mr. Marban: No, no, no. The playground. Just the playground. Vice Mayor Plummer: Play area. Mr. Marban: Right. 105 September 14, 1995 1 Vice Mayor Plummer: Yeah, that's fine. Mr. Odio: But it's going to be... It's in memory of one of the... Herman that... Mayor Clark: Call the roll. Call the roll. A. Quinn Jones, III, Esq. (City Attorney): There's nothing to vote. on. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-640 A RESOLUTION ACCEPTING A DONATION FROM THE KIWANIS CLUB OF LITTLE HAVANA FOR SITE IMPROVEMENTS AND A NEW PLAYGROUND TO BE LOCATED IN JOSE MARTI PARK, SAID PLAYGROUND TO BE KNOW AS THE "KIWANIS CLUB OF LITTLE HAVANA - PLAYGROUND IV, IN MEMORIAM OF CARLOS ERDMANN--, SAID DONATION, FOR THE DEPARTMENT OF PARKS AND RECREATION, VALUED AT APPROXIMATELY $180,000. (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. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: Mr. Mayor, for your edification, and my colleagues on the Commission, the Bayfront Park Trust is in the process, through the family and the Foundation of Claude Pepper, of moving the statue from Jose Marti Park down to the park that is named after him and his wife, and hopefully, we will be doing it somewhere and have it complete about July the 4th. Commissioner Gort: And he'll be able to keep his glasses. Vice Mayor Plummer: He'll keep his glasses on, for sure. 106 September 14, 1995 _j Commissioner Gort: Good. Mayor Clark: Very good. Thank you. Vice Mayor Plummer: That's just for your information. Mayor Clark: We're in recess until three o'clock. Mr. Marban: Thank you very much. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12 NOON AND RECONVENED AT 3:05 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 32. DISCUSSION CONCERNING PROPOSED FIRST READING ORDINANCE RELATING TO ISSUES OF DISCLOSURE BY INDIVIDUALS / " - -- r, - ORGANIZATIONS APPEARING BEFORE •THE CITY COMMISSION AND/OR BOARDS -- DIRECT CITY ATTORNEY TO PREPARE _ - LEGISLATION. (TO BE CONSIDERED AT SEPTEMBER 28TH MEETING) REQUIRING REPRESENTATIVES OF ORGANIZATIONS APPEARING BEFORE THE COMMISSION TO PROVIDE AN AFFIDAVIT FIVE DAYS PRIOR TO A COMMISSION MEETING STATING COMPLETE DETAILS OF THE ORGANIZATION, AND REQUIRING ALL ORGANIZATIONS WHICH HAVE APPEARED BEFORE THE COMMISSION TO FILE ANNUAL REPORTS. Mayor Clark: All right. Ladies and gentlemen, let's have your attention. Vice Mayor Plummer: Back over here, somebody needs to realize we've got a meeting going on. Mayor Clark: We are now considering item number 7. Vice Mayor Plummer: Number 7. Mayor Clark: Number 7 is the... Do we have any objectors on this item? Please, please. Do we have any objectors on item number 7? I know we have a lot of supporters here. If there's no objectors on item number 7, we're going to consider it, and get a motion, and move it. It's been endorsed by everybody but President Clinton, I believe. Could I get a motion? Commissioner Gort: What are we considering? Mayor Clark: This is the ordinance including the... Do you have a copy of it? A. Quinn Jones, III, Esq. (City Attorney): Item 7, Commissioner. Vice Mayor Plummer: Item 7. 107 September 14, 1995 Mr. Jones: Yeah. This is what I... Vice Mayor Plummer: Mr. Mayor, I was approached by Elena, and she makes some very good points. We also have something that the Clerk wants to speak on, because he is very concerned about all of the massive amount of data that would be required. It would overload his computers. Basically, here's what I understand. Many times, people stand before this Commission, and they say they represent "X," and when we really look into it, "X" was three people who got together over a cup of coffee and come forth and say that, with all of the magnitude that they represent, and they are big, and they are powerful, and really, it was two or three people. What they're saying is that when we have an application for a zoning matter, or variance, that we require full disclosure. Are you involved? What are you involved in? Yet, when somebody takes out an appeal, they don't have to do full disclosure. I think there are some very fine aspects to this case, that we have the right to know this organization they represent has five members, or 50 members, or 500 members. I think we have the right to know. Are they speaking for a massive group of people, or are they speaking for three, or four, or five people? And I think that's what this Commission has the right to know. Some people have said that this is a tyrant type of thing. Others have said it's not enough. I think it has merit. I can't say that I adopt it 100 percent, but in fact, I think it does. We have the right to know - we, the voting people sitting up here - who they actually represent when they say they represent an organization. We've heard people come up here many, many times and make the statement, "I represent 16 different clubs," you know. Well, did 16 different clubs have a meeting and speak to the issue? Did they know the facts? And I think these are all part and parcel of what is trying to be accomplished. And so all I can tell you is, at this particular point, Elena can speak more to it than that. It was her idea. There are some people here from the Chamber who would like to speak to it. There are some people here who would like to see it in a modified form, and I'm sure there are probably going to be some people here that don't like the idea at all. So at that particular point... Mayor Clark: Well, let's find out what they want. Vice Mayor Plummer: Elena, you're on. Commissioner De Yurre: Before she says anything, Mr. Mayor, you know, also, even if there are 5,000 members in an organization, there has to be an order to things. There has to be a meeting. There has to be... Mayor Clark: Resolutions passed. Commissioner De Yurre: ... a resolution adopted. And then people come and represent that resolution. It isn't a matter of saying, "Hey, I'm taking it upon myself to represent these people," when, so what? I mean, like, do they know what's going on? Which is what you're alluding to right now. So it's not a matter... There may be three members or there may be 3,000 members. But yet, there has to be a procedure established that at least we know how much credence to give to those that come before us, as far as what they're saying. Mayor Clark: All right. Let's proceed. Vice Mayor Plummer: Elena. Ms. Elena Carpenter: Elena V. Carpenter, 3838 Irvington Avenue, Coconut Grove. Mr. Mayor and Commissioners, City Manager, Mr. City Attorney, thank you for letting us be here - and City Clerk, excuse me. Thank you very much for allowing us to be here, and thank you, Vice Mayor Plummer, for listening to our concerns and presenting it before the Commission today. This 108 September 14, 1995 began as a small grass roots concern, basically, because I think you're all real aware that for quite some time, people have been appearing before you claiming to represent all of us or most i of us, either individually or under the names of organizations that sound like they perhaps should represent all of us. And a number of us felt and feel very strongly that those representations may not necessarily be the case. Today, as we sat here this morning, I was smiling because it came up a number of times. One of them - and I bring it up because I can't forget a person who identifies himself as "Boom -Boom" before a Commission, but Mr. Boom -Boom Gonzalez came here and said, "I am the president of" - I don't even remember the organization. I think not only you, but I was interested in knowing which one, and who are they, and what are they here for. Mr. Cesar Odio (City Manager): He's from Puerto Rico... Ms. Carpenter: Hey, I was raised in Puerto Rico. Vice Mayor Plummer: You know, Manager, you never give up, and you never learn. Mayor Clark: Listen. All right, now, let's move on. Are you satisfied with this ordinance as drawn? Ms. Carpenter: I am very satisfied. I think Commissioner Plummer brought up a concern from the City Clerk insofar as the processing of it. I would love to have an opportunity of perhaps arriving at something that might not stress the City of Miami, and at the same time, would accomplish what we're. trying to do. I think that what we're talking about is not necessarily a computerized organization here that's going to output on demand, but perhaps the establishment 1 of 20, 30 files, manila folders with information on these organizations, that if I am interested in finding out who they are, I can go to his office or somebody else's office and say, hey, I'd like to see the file of the Cliff Hammocks Homeowners' Association. Who are they? How often do they meet? I don't think that we are asking for something that would be too cumbersome, so I'd love to have the opportunity of maybe finding him an alternative solution. Vice Mayor Plummer: I think we need to hear from the Clerk, and I think we need to hear from I the City Attorney. i Mayor Clark: Well, wait a minute. Before we do that, Mr. Clerk, as the ordinance is written, are you satisfied with this? Mr. Walter Foeman (City Clerk): Yes, I am, Mr. Mayor. Vice Mayor Plummer: Mr. City Attorney, are you satisfied with this? A. Quinn Jones, III, Esq. (City Attorney): Yes. Mayor Clark: We don't have to hear from them. I'm going to get a motion. Now, if we have to amend this later on, fine. But this is the step, the proper step that you're trying to take at the present time. I'm looking for a motion now. Is there a motion? Commissioner Gort: Before I vote on this, I want to know what the ordinance is saying, because the letter says one thing, and the ordinance is saying another thing. Mr. Jones: Well, OK. That's what I wanted to clarify, because I... Commissioner Gort: I want this point clarified before I vote on it, Mr. Mayor, because you've got two different things in here. 109 September 14, 1995 L Mr. Jones: Mr. Mayor and Commissioner Gort, you raised a point, and I hope that, Ms. Carpenter, you're not laboring under the assumption that the ordinance reflects what you submitted in terms of what you wanted to see in the ordinance. You know that we've met, and I told you the problems that I had with what you had proposed, in that they were too intrusive, and, in my opinion, would not withstand constitutional muster, because what you had proposed, really, is tantamount to prior restraint. So the middle ground that we basically tried to find was a procedure that the - and which this ordinance adopts - is basically the procedure that the County Commission follows, which, I think, is less intrusive. It serves the need that you wish to accomplish without having a constitutional infirmity, so I just... Mayor Clark: Well, let's don't shoot the messenger. Let's move on with this. Go ahead. Commissioner Gort: OK. This is an ordinance. It's going to have two readings, am I correct? Mayor Clark: Yes. Mr. Jones: Yes. Vice Mayor Plummer: Yeah. Any ordinance does. Commissioner De Yurre: But what is the actual language that we're talking about, quickly? Mr. Jones: The actual .procedure is basically, any_ person coming before this Commission who purports to represent an organization would indicate the members of that organization, the names of the members, such information as the dues, when they've held their most recent meeting, what the policy of that organization is, with respect to the issue before the Commission, and, of course, whether that individual has a financial or personal stake in the outcome of the pending matter, and, of course, it goes on and requires that the person's remarks be confined essentially to the matter before the Commission. Commissioner De Yurre: OK. Bottom line - because I haven't understood a word you said - do they have to provide a resolution? Mr. Jones: Excuse me? Commissioner De Yurre: Do they have to show evidence of a resolution allowing the representative... Mr. Jones: No, they don't. No, they don't. Commissioner De Yurre: Why not? Mr. Jones: Why not? Commissioner De Yurre: Yes. Mr. Jones: Because, as I indicated before, I think when you get to the point... First of all, it's contrary to the Dade County Bill of Rights, which mandates that all citizens, regardless of whether they're a member of the Communist party or whatever else, if they want access to their elected body, they have the right to access. Commissioner De Yurre: Quinn, Quinn, Quinn, time out. Mr. Jones: Yes. 110 September 14, 1995 Commissioner De Yurre: They can come here in their individual capacity and say, I'm here saying "A," "B," "C." But if they come here and say, I represent Entity X, then they better be ready to show evidence that they are entitled and authorized by that entity through a resolution, a corporate resolution, to speak on behalf of that entity. Mr. Jones: But Commissioner, what you're doing is, you're placing the responsibility on the j City to monitor whether "X" person who comes before speaks the truth. The truth of the matter +I is, is that any item that's going to affect the organization, they know well in advance. Commissioner Gort: Just show a statement. Mr. Jones: And the onus on them... Vice Mayor Plummer: Why not an affidavit? Mr. Jones: The onus is on them to make sure that they send a representative who is authorized to present the position of that organization. I mean, you cannot... You cannot expect every organization or every person to come here... Commissioner Gort: You got a hundred homeowners' associations. ......___ Mr. Jones: ... to be in a situation where... _ Commissioner Gort: You got about 100 homeowners' associations. Mr. Jones: ... you know, they've got to satisfy that. I mean, they know in advance, and that's their problem. Mayor Clark: This is all right. This is good. This ordinance is good. Mr. Dawkins, you have the floor. Vice Mayor Plummer: Can't we... I'm sorry, go ahead. Commissioner Dawkins: Mr. Quinn, what is the difference in this, what you are saying and what we are already doing? When individuals come, usually, and say they're with the Roads Homeowners' Association, usually, they have a petition that says, I have been authorized to speak for the Roads Homeowners' Association. Commissioner Gort: Or a resolution. Commissioner Dawkins: They give the petition to the Clerk, and they speak. Now, what's the difference in that and what we're trying to do? Vice Mayor Plummer: They don't. Mr. Jones: Well, the difference is, you don't have... Right now, you don't have any written rules that govern that procedure. Commissioner Dawkins: So you're writing a rule now that justifies that that we are already doing. Mr. Jones: This is a procedure that would be codified. 111 September 14, 1995 L Mayor Clark: To guarantee it. Vice Mayor Plummer: Well, I think it goes a little further. Mayor Clark: It guarantees it. Vice Mayor Plummer: I think they need to provide the City Clerk with a petition or an affidavit saying that they met on such a date, they addressed this issue, that there was, in fact, a quorum present, and this is the result of what the quorum voted upon. And I think that's where the real gut of the problem is. You know, if it's a conflict of interest, that's a different story. Mayor Clark: If it's not... Commissioner Dawkins: OK. Then are you... Then will you have a provision where, when that is presented, if there is a minority point, the minority group can also get up and say, this is a minority report, we do not agree with the majority report? Vice Mayor Plummer: Absolutely. Absolutely. Mayor Clark: Always have that, always have that. All right. Vice Mayor Plummer: Sure. Well, if... Now, I'm saying to you, Quinn, that I want in this ordinance - OK? - and.I think it is what I was hearing my colleagues say - we want to know the name of the organization, the address, the phone number, how many members, who are the members, when did they... what date did they address this issue, OK? That there was a quorum present, which I assume is called for by most all bylaws, and here is the results of what the action of the quorum present wants the City Commission to know in their deliberations. OK? Mr. Jones: You want all this in the form of an affidavit. How far in advance of the... Vice Mayor Plummer: I... Say five days, which is the rule around here for anything, five days. Mayor Clark: All right. Can you... Vice Mayor Plummer: Five days prior to it being a Commission action. Mayor Clark: As amended, Mr. Jones, read the ordinance. Mr. Jones: I have to bring it back, Commissioner, because, I mean, that... those are substantial changes. Commissioner De Yurre: Well, bring it back by this evening. Mr. Jones: Commissioner, I need to go back and draft this, you know, myself. I can't do it right here. Mr. Al Cotera: Mr. Mayor, under discussion. Commissioner De Yurre: You know, Mr. Mayor, the problem is, like in eight years that I've been in office, I have yet to have been invited to, nor do I have the ability to go to any of these meetings that these particular homeowners' associations, you know, say that they have, theoretically. Back in 1985, I went to one, and I filed, I left the money for my application to become a member. I never heard from them again. That was ten years ago, you know? 112 September 14, 1995 I_ J Vice Mayor Plummer: They don't like you. Commissioner De Yurre: That may be the case. Commissioner Gort: You haven't gotten the message in eight years? Mr. Jones: So can I just answer? Vice Mayor Plummer: He didn't agree with them. Mr. Jones: Mr. Mayor, can I, without delaying you... Mayor Clark: Yes, sir, you have the floor. Mr. Jones: Just briefly, does that mean, for instance, if Mr. Cotera comes up here representing the FOP (Fraternal Order of Police), he's got several items on the agenda. You expect him to produce an affidavit from the body. Vice Mayor Plummer: I'm sure he'd be happy to. Mr. Jones: Well, I think that's taking it a bit to being ludicrous, really. ' Mayor Clark: He has a_blanket application. Go ahead. Mr. Cotera: The reason that I want to comment is just that, sometimes, we have several issues on the agenda. Vice Mayor Plummer: Well, let me take Al... Mr. Cotera: You know, you'd ask for the names of my members. I've got 1500 members. We'll be here till tomorrow, you know? Vice Mayor Plummer: Let me take you off the hook. It was my intention... Commissioner De Yurre: They have their board of directors. Mr. Cotera: I mean, not only that, I think the State statute also says that we're recognized by PERC (Public Employees Relatioons Commission), along with the fire fighters and the other unions, you know, Charlie Cox and the other unions. Vice Mayor Plummer: Mr. Mayor, it was my intent... Mr. Cotera: And I think that you need to include something in there to exclude us as the... Because we are the bargaining agents of a great number of people. Vice Mayor Plummer: It was my intent, Mr. Mayor, this only related to zoning and planning, OK? Commissioner Gort: No, no, no. Vice Mayor Plummer: Why? What's... Commissioner Gort: I want it to be to everything. 113 September 14, 1995 Mr. Cotera: What happens sometimes is it gets overdone. Commissioner Gort: I want it to be to everything. We got a lot of people here coming and representing any item that we're talking about. Why should it be only zoning and planning? No, no, no. I got a problem with that. Commissioner Dawkins: In fact, we had a group here this morning on police brutality that had nothing to do with housing and what have you. Commissioner Gort: If it's just zoning and planning, I got a problem. Vice Mayor Plummer: No, no, no, I hear you, I hear you. Commissioner Gort: You lost me. Vice Mayor Plummer: You want it for the entire... Do you want to try it? Commissioner Gort: If we got to do it for some, well, we got to do it for everything. Mr. Jones: You got a real problem here. Mayor Clark: Why don't we try it... Commissioner Gort: You can't be selective. Mayor Clark: Why don't we try it for building and zoning. That's... That's zoning and planning, first of all. That's where... Commissioner Dawkins: Then we go into court for discrimination. Mayor Clark: No, we don't. Commissioner Dawkins: That's right. Mayor Clark: They had this in the County and it hasn't been contested in court at all. Mr. Jones: Well, the County is... Mr. Mayor, what I'm trying to say to you is the County's procedure, which is encompassed within the ordinance before you is less intrusive, and I would dare say that Mr. Ginsberg recognized that once you start being more intrusive in terms of limiting accessibility to government, by virtue of placing restrictions before you can speak, then you've got a constitutional violation. It's as simple as that. Mayor Clark: Well, what is your sug... Vice Mayor Plummer: The problem I see, Mr. Mayor, Al... Let's use Cotera. All right. He's sitting there and... Mr. Cotera: Don't use me. Vice Mayor Plummer: We'll use you in more ways than one. He's sitting here, and all of a sudden, one of us brings up a pocket item relating to the Police Department. OK? Now, he can't run out the door, get his membership to vote on the issue and come back and report to us, all right? I mean, it's impossible. He can't do it. But yet, he is expected by his membership, and rightfully so, to speak on the issue and defend his people. So I've got... You've got to have some flexibility in here. 114 September 14, 1995 Mr. Jones: That could almost happen with any group. Mayor Clark: Should be building and zoning only. That's the way it is in the County. Commissioner De Yurre: Mr. Mayor, if I may, if I may add something. We can take this thing and turn it around... Vice Mayor Plummer: Turn it around. Commissioner De Yurre: ... in the sense that we can say if you expect us to believe that you represent "X" number of people, you better have the evidence to back it up. If not, we're just going to take it for what it is, one individual speaking for themselves and not representing anybody other than themselves. Mayor Clark: Al right. Commissioner De Yurre: So it could go either way. If I see somebody here and says, I represent 400 members, I want to know, OK, where is the evidence that you represent these 400 members? Where are they today? Are they not here? Do you have something in writing from them? Do you have something to show that you do represent their voice on this issue? And if not, I'll just take it for what it's worth, one individual stating their personal position, and leaving it at that. Mayor Clark: Bill. Commissioner Gort: Mr. Mayor, I'm not an attorney, but I'm in the street all the time. I want to ask you a question. My understanding is any time anyone speaks in here, it's a sworn statement, they're sworn in. Mayor Clark: No, they're not all sworn in. Vice Mayor Plummer: On zoning, on zoning. Commissioner Gort: On zoning, they're all sworn in. Mr. Jones: Only when... Only when it's a capacity of a quasi-judicial hearing. Commissioner Gort: But when you're talking about zoning and planning, which I think is what everybody is worrying about, people have to be sworn in. In other words, whatever statement they make, they're under oath, and all you have to request is that those people state, whoever comes here, whatever homeowners' association, state their name, that they represent that homeowner association, and that a vote took place in such and such a date. And then it's up to someone, if they don't believe it, to challenge them. Mr. Jones: And that's what you have before you now. Vice Mayor Plummer: Yeah, but that... It's not working out. You know, it sounds good on paper. Commissioner Gort: And that, I would like to see in every... because we get people coming up here all the time saying, I represent so and so, and we don't even know who they represent, not only in zoning and planning, but in many other matters. Vice Mayor Plummer: Well, we've got other people who want to speak, Mr. Mayor. 115 September 14, 1995 L Mayor Clark: All right, sir. Mr. Louis Wechsler: Mr. Mayor, having formed a... Mayor Clark: We got your letter, Mr.... Mr. Wechsler: Thank you, sir. Mayor Clark: We got your letter. Mr. Wechsler: I know you did, and I think that the thrust of the original concept was to say just what J.L. and Commissioner Gort were saying. Commissioner Dawkins: Pull the mike up. Mr. Wechsler: We're not really trying to say, "I had a meeting," no more than this gentleman has to have some executive privilege, whether he be a hired executive director, or/and empowered by his board of directors, or whether he is the president and the executive committee. What we really want to see is bona fide organizations who come before this - and not some popinjay from the street. I think this Commission has gotten a whole new level of credibility in this community, and we want to maintain that. We want to see credible organizations here who represent people, and that's the purpose of this, Vice Mayor Plummer: Well, you know, that's all well and good, my friend, but let me tell you where I have the failing, OK? My failing is, when I know and I heard that there were four people that had a cup of coffee, and they come here and stand before this Commission and say, I represent Club X, and I know that there's five, six hundred members, and 496 of those members don't even know what the hell they're talking about, but they come here with the impetus and the power that we are huge, we are humungus, and you better listen to us, because we represent 500 people. Four hundred and ninety-six don't even know what they're talking about. So what I'm saying to you, we've got to know that in advance. Mr. Wechsler: But J.L., is Club X a bona fide corporation? Does it have a non -tax - a tax- exempt status? Does it hold open meetings? Vice Mayor Plummer: They can do that the first day of every year. On January the 1st, they can file an affidavit that Club X is, in fact, a legitimate club, we have "X" number of members, we meet, we have a set of bylaws, and all of that, one time. Do it once a year, OK? Now... Mr. Wechsler: Well, there is a club, in fact... Vice Mayor Plummer: The thing that we're really talking about is the fact, on a given issue. That's what we're talking about. Mayor Clark: Well, after 27 minutes of beating this thing around, what's the pleasure of the Commission? What do you want to do? Vice Mayor Plummer: Well, I... You know, I don't want... I'm not trying to push it through, but I'd like to see it the way I said it, you know. I'll move it that way. Commissioner Gort: Well, the way you said is different from what is written here. Vice Mayor Plummer: Well, Willy, the problem is... 116 September 14, 1995 h%�-"M Commissioner Gort: Like the Mayor said... Yeah, I can't vote on that. Vice Mayor Plummer: OK. The problem is, if you modify it and you can't bring it back next time in the second reading giving more to it - you can give less, but you can't give more. So what I would like to do is give more now, and on the second reading, if you want, modify it down then, but I don't know how else you can do it. Mayor Clark: All right, sir, let's hear from you. Mr. Allen Sweeny: Thank you. Allen Sweeny, 2000 South Bayshore Drive. I am the current president of the Coconut Grove Chamber of Commerce. And our board of directors, which represents our membership of some 1,200 members, met on August 21st. They reviewed, discussed and deliberated the proposed ordinance that you now consider, and they issued a resolution urging its adoption. We feel it is a practical step. When we come here to speak, we know to whom we speak. Although in many other instances, we come here, and we don't know, and perhaps many times, you don't know to whom you are listening, and all this attempts to do is to provide a little more information to facilitate that process. If the ordinance is adopted, as we would urge, we will readily and gladly and quickly provide you with the very basic information that is being requested. Thank you so much. Mayor Clark: All right. Mr. Plummer... Did you want to add something, sir? Mr. Jack King: Yes, please. Vice Mayor Plummer: Jack. Mr. King: Yes. My name is Jack King, 3549 Loquat Avenue. I'm the publisher of the Coconut Grover, and I hope you do something with this, because I've tried for years with some of these groups to find out who they are and what they are. When you have a developer that comes before you and says, we are developing this piece of property, Mr. Plummer, the first one, always says, who are the principals involved in this corporation? Who are you guys? What are your financial situations? What's going on with this? All right. It only seems fair to do it the other way. I also... I take exception with Mr. Jones, prior restraint, because I don't believe that there is. No one is precluding anyone from speaking here, under any circumstances. All we're saying... Mr. Jones: But if you understand the case law, and if you're telling me you've reviewed the cases, as I have, I mean, it's good for you to take exception, but any time you start placing restrictions that will impede someone's ability to speak, then it becomes a prior restraint. Mr. King: I understand your argument, but what I'm saying to you is that anyone can walk up here and speak. We just... All we're saying is that we want to know who these people are. I mean, I tried to find some of them. I mean, there are groups in Coconut Grove that speak here regularly, say they... People come up here and say we're... this club is in favor of this, or this organization is in favor of this. I can't find. them. They haven't had meetings in years. Mayor Clark: Jack, this will straighten that out. This will straighten that out. Mr. King: All right. That's all we're saying, is to take it, take it, we want to know. Vice Mayor Plummer: Mr. Mayor. Mayor Clark: Yes, sir. 117 September 14, 1995 Vice Mayor Plummer: Let me try to word it for you, because the City Attorney is saying... And I'm doing it fully, with the full knowledge that I'm doing the full on first reading, and the second reading, we can modify or we can change. Mayor Clark: All right. Do it. Vice Mayor Plummer: Number one, that any and all organizations who regularly appear before the Miami City Commission shall, on the 1st day of January, file with the Clerk the organization's name, address, membership - full membership - and bylaws. OK? Number two, Channel B, and any time that that organization comes before this Miami City Commission to state a position of their organization, they will provide to the Clerk five days - the agenda clerk or whatever - five days prior to the meeting an affidavit stating when the club took up this issue, the date that at least a quorum of their members were present, and a resolution stating the outcome of the vote of their membership, with a proviso that there can be a minority report given on the same affidavit. Now, that, I think, covers pretty much everything, Mr. Mayor. I know that maybe Mr. Gort would like it a little simpler, but I'm only doing it in the essence of time. You can always take from an ordinance, you can't add to it, so that would be my motion whenever anybody is ready. Mayor Clark: So you moved it? Mr. Jones: Mr. Mayor, -may I suggest something? Mayor Clark: Yes, sir. Mr. Jones: Since we have a meeting, and I realize you want to get this done quickly, but you... What you propose is really more than substantial change, so if I could work on it and bring it back on the 28th... Commissioner Dawkins: Mr. Mayor... Vice Mayor Plummer: Oh, absolutely. Mr. Jones: OK. Commissioner Dawkins: ... may I explain to the City Attorney that this is a resolution that was drafted by Commissioner Plummer. It has been drafted over your objections, time and time again. Vice Mayor Plummer: That's not true. Commissioner Dawkins: Why are you sitting over there and not acknowledging that a City Commissioner said this is what he wants, and let it alone? Vice Mayor Plummer: Excuse me. Let me correct you very quickly, Mr. Dawkins. This is not drafted by Commissioner Plummer. You're looking at it the first time that I am. Elena came to my office to ask for help to get this thing done. I immediately sent her to the City Attorney's Office. I said, you work with the City Attorney, and you bring to this Commission anything that is agreed upon for our discussion. Commissioner Dawkins: I second what... Vice Mayor Plummer: I never spoke to the City Attorney. 118 September 14, 1995 Mayor Clark: All right. Very good. Commissioner Dawkins: I second what Commissioner Plummer presented, and let's call the order of the day and move to the next item on the agenda. Mayor Clark: Read it, read it, Mr. Quinn Jones. Commissioner Gort: It's an ordinance. Mr. Jones: Mr. Mayor, I can't read it because it has to be revised. What I'm saying to you is I can bring back a revised ordinance ready for reading on the 28th. Vice Mayor Plummer: It's a resolution. All right, it's a resolution to be sent back on the 28th. Mr. Jones: It's not a resolution, it's an ordinance. It's an ordinance. Commissioner Gort: It's an ordinance. It's not a resolution, you guys. Come on. Vice Mayor Plummer: OK. It's an ordinance to be brought back on the 28th of this month, and I so move, Mr. Mayor. Mayor Clark: Do you have to read the full copy right now? Mr. Jones: No. Vice Mayor Plummer: Well, he doesn't have it. Commissioner Gort: What they got here is completely different from what is being said. Mayor Clark: Can we vote on it? Mr. Jones: No. Commissioner De Yurre: We can vote on the concept, and you put it together. Mr. Jones: Commissioner, you... What you have and what was part of the package that was advertised, there's been substantial changes. It's not the same item. So that's why I'm telling you that the changes that have been suggested by Commissioner Plummer are substantial changes which need to be revised and properly advertised. I can have it for you, duly advertised and ready for first reading at the meeting of the 28th. Commissioner Gort: Right. Mayor Clark: Mr. Dawkins. Commissioner Dawkins: But this... What J.L. has presented is that which the citizens brought to you - I mean, I'm sorry - brought and said this is what they wanted. And the citizens were told to work it out, and this is what they want. So now... Mr. Jones: Commissioner, what was brought to me was the proposal Ms. Carpenter had. I met with her for - at length. Vice Mayor Plummer: And for the record, you never spoke to me about it. 119 September 14, 1995 Mr. Jones: And I never spoke to Commissioner Plummer. Vice Mayor Plummer: I just want it on the record. Mr. Jones: I prepared a document which I thought would pass constitutional muster. That's what I prepared and that's what you have in your package. Now, what I'm prepared to do is what Commissioner Plummer has proposed, is to come back with the substantive changes in the form of an ordinance that you can vote on, on the 28th, that has been properly advertised. Mayor Clark: Mr. Jones, can we vote on the ordinance before us now, and amend it when it comes up for the second reading? Mr. Jones: I'm telling you you can't, because it's substantially changed. It's not the same thing that you have that's been advertised in your package. Vice Mayor Plummer: He can't. He can't do it. Commissioner Gort: That's what I've been saying from the beginning. Vice Mayor Plummer: OK. Commissioner De Yurre: OK. Mr. Mayor, I move that we instruct the City Attorney to prepare an ordinance for first reading at the next meeting with - as outlined - and that's the end of that. Mayor Clark. You got it? Is there a second? Cast a unanimous ballot. Thank you all, folks. Let's move to item 8. Ms. Carpenter: Thank you. Mayor Clark: We'll have it right soon. 120 September 14, 1995 The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 95-641 A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE APPROPRIATE LEGISLATION TO BE CONSIDERED AT THE SEPTEMBER 28, 1995 COMMISSION MEETING WHICH WOULD REQUIRE REPRESENTATIVES OF ORGANIZATIONS APPEARING BEFORE THE CITY COMMISSION TO PROVIDE AN AFFIDAVIT TO THE AGENDA CLERK (FORMALLY REFERRED TO AS THE LEGISLATIVE COORDINATOR FOR REGULAR MEETINGS AND CHIEF OF HEARING BOARDS FOR PLANNING AND ZONING ISSUES) FIVE DAYS PRIOR TO THE COMMISSION MEETING STATING: (1) THE NAME OF THE ORGANIZATION, ITS ADDRESS AND TELEPHONE NUMBER; (2) HOW MANY MEMBERS COMPRISE EACH ORGANIZATION, AND A LISTING OF THE ORGANIZATION'S MEMBERSHIP; (3) THE DATE THE SPECIFIC ISSUE APPEARING ON THE AGENDA WAS ADDRESSED BY ORGANIZATION; (4) THE DATE THAT A QUORUM WAS PRESENT REGARDING SAID ISSUE; (5) A COPY OF THE RESOLUTION OR ACTION TAKEN BY SAID ORGANIZATION REGARDING SAID ISSUE, WITH A PROVISO STATING THAT A MINORITY REPORT CAN BE GIVEN ON THIS ISSUE IN THE SAME AFFIDAVIT; FURTHER REQUIRING ALL ORGANIZATIONS WHICH HAVE APPEARED BEFORE THE CITY COMMISSION TO FILE A REPORT WITH THE CITY CLERK ANNUALLY ON JANUARY 1ST OF EACH YEAR STATING: (1) THE ORGANIZATION NAME AND ADDRESS; (2) ITS MEMBERSHIP; AND (3) THE BYLAWS OF THE ORGANIZATION. 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. ---------------------------------------------------------------------------------------------------------------- 33. DISCUSSION CONCERNING ANTICIPATED RELOCATION OF ROBBERY UNITS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 8. Dawkins, Mr. Dawkins. Vice Mayor Plummer: Dawkins. Commissioner Dawkins: Somebody explain it to me, please. Vice Mayor Plummer: Oh. Well, I know what the issue is. You want me to speak to it? 121 September 14, 1995 I Commissioner Dawkins: No, no, no. I don't want you to, no. I want the Police Department, please, J.L. Let the Police Department explain it to me. Now, if you already know, they don't have to explain it to you. Mayor Clark: Let's move forward. Assistant Chief John Brooks: Good afternoon, Commissioner. John Brooks, Assistant Chief, Miami Police Department. Right now, this issue is being looked at. The Chief of Police has not made a decision on that. There has been some discussion about the recentralization of robbery. This did not include the recentralization of any of the other detective functions that have been placed out into the districts. Robbery was looked at, and the Chief has not made a final decision on this as of yet. Commissioner Dawkins: Why would you want to consider this? Assistant Chief Brooks: Well, Commissioner, there's several issues... There's several issues that we looked at. One was the support that we were able to lend to the different detective bureaus. Recently, we went into a 12 configuration, going into the NET (Neighborhood Enhancement Team) service areas. That broke away from the district concept, if you will, went into policing by neighborhoods, which is a community -oriented policing tactic that the Miami Police Department believes in. We think it's become effective. We think it's doing some positive things. But non -neighborhood related .crimes, crimes that, like robbery, that are transient, that cross jurisdictional boundaries, crimes, like robbery, that are not specific to a particular neighborhood, we believe, need to be looked at, needed addressed, and... There were several issues. Standardization, training, some of the different federal initiatives that we're looking at to try to bring into play. One of the things that we found out in dealing with violent habitual career criminals is that they're repeat offenders, and they do the crime over, and over, and over again. Just today, we picked up the newspaper and saw that the prison population was significantly reduced. We believe with some of these different violent habitual offender laws that are going to be taking place that are in process, i.e., the Gort Bill, 924-C, which is a federal initiative, the Hobbs Act, which is another federal initiative, can be dealt with to deal with these violent habitual offenders. We think that if it's done... Commissioner Dawkins: Wait, now, wait, now. What does violent offenders have to do with robbery? I mean, I'm asking for information, Chief. Assistant Chief Brooks: Sure, yes, Commissioner. Commissioner Dawkins: OK. Now, we're talking about moving a robbery unit. Now, you're telling me about violent offenders. Now, tie that in for me, please. Mr. Cotera: You get shot when they rob you. Assistant Chief Brooks: All we're looking at is the crime of robbery, not burglary, not theft from neighborhoods, not any of the general investigative unit... Commissioner Dawkins: OK. Now, I'm a layman, now. Go back with me. Assistant Chief Brooks: OK. Commissioner Dawkins: Robbery, OK? Robbery. Assistant Chief Brooks: We're looking about a crime... a crime... threat... 122 September 14, 1995 --1 Commissioner Dawkins: It's robbery, OK? Assistant Chief Brooks: Yes, sir. Commissioner Dawkins: Now, what's the difference in if they steal my car from in front of my house and take it to Coconut Grove, that's a car theft, but it's robbery, isn't it? Vice Mayor Plummer: No. Assistant Chief Brooks: It depends. Commissioner Dawkins: Well, why not? Assistant Chief Brooks: If there's force, fear or intimidation that used to do that... Commissioner Dawkins: All right. He used a gun and stole my car. Vice Mayor Plummer: Robbery against person, burglary against material. Assistant Chief Brooks: Yes, sir. If they... Commissioner Dawkins.: What is that? Assistant Chief Brooks: That's a robbery. Commissioner Dawkins: OK, now, so therefore, it's... The violence is about the gun. Assistant Chief Brooks: Yes, sir. Commissioner Dawkins: OK. Go ahead. Vice Mayor Plummer: Well, it could be more than a gun. Assistant Chief Brooks: We're looking at the assignment of cases, the number of cases assigned. We're looking at trying to get better prosecutions with more time, so we don't have to keep arresting the same offender over and over again. There's certain things that, by combining robbery up under Major Brown that we're able to accomplish. When we have a violent robbery in which the victim is shot or injured, we have... When it's all under the same major, it makes for a better investigative effort if that crime eventually goes over to homicide, or it goes over to the assault squad, or any of the other detective functions that are under Major Brown. Commissioner Dawkins: OK. How many... How many persons make up the robbery unit? Assistant Chief Brooks: Approximately 14 detectives make up the robbery unit. Commissioner Dawkins: Fourteen. Assistant Chief Brooks: Yes, sir. Commissioner Dawkins: And those 14, now, are presently housed where? Vice Mayor Plummer: Spread out. i 123 September 14, 1995 I Assistant Chief Brooks: Well, in the North District, we have one lieutenant, one sergeant, and seven investigators that currently handle all general investigations. Commissioner Dawkins: So we got eight officers in the North District. Assistant Chief Brooks: Correct. Commissioner Dawkins: OK. All right. Assistant Chief Brooks: That handle robbery, and burglary, and thefts, and general investigations. Commissioner Dawkins: Chief, you have to go along with me. I can't understand that. OK? Assistant Chief Brooks: OK. Yes, sir. Commissioner Dawkins: How many persons do we have in the robbery unit detail? How many people work in robbery? That's all I need to know. Assistant Chief Brooks: In the North District or in the City, sir? Commissioner Dawkins: The total City. Assistant Chief Brooks: Fourteen. Commissioner Dawkins: All right, 14. Now, of that 14, how many of them are in the North District? Assistant Chief Brooks: Five. Commissioner Dawkins: Five. How many are in the South District? Assistant Chief Brooks: Four. Commissioner Dawkins: Four. How many in the Central District? Assistant Chief Brooks: Five. Commissioner Dawkins: OK. Now, you're going to move all of them where? Assistant Chief Brooks: They would be moved under Major Brown in the criminal investigation section at the Central District station. Commissioner Dawkins: At the Central. All right. What would I used to replace the four bodies that you're moving from each of these other stations? Assistant Chief Brooks: Well, first of all, Commissioner, the plan has not been approved. It's one that's just being looked at. Commissioner Dawkins: No, no, no. I understand that. I'm just... We're just trying to make sure that when it happens, we know what we're doing, Chief. That's all I'm trying to find out. OK? Assistant Chief Brooks: Right. 124 September 14, 1995 Commissioner Dawkins: Now, we're short policemen now, OK? Assistant Chief Brooks: Correct. Commissioner Dawkins: And you... The Police Department is attempting to utilize that manpower that it has. OK? Assistant Chief Brooks: Yes sir. Commissioner Dawkins: I understand that. But when a person calls me and says, I was robbed - OK? - and you allowed four policemen from the North Station to be moved, which meant the North Station is four persons down, and I'm getting less police service, I have to have an answer. Mr. Al Cotera: Commissioner. Commissioner Dawkins: Hold it, let me hear from... Yeah, Al, go ahead. Mr. Cotera: Yeah. Al Cotera, president, Fraternal Order of Police. Needless to say, you're asking an Assistant Chief a question of politics, so I guess I'll jump in there... Commissioner Dawkins: Politics? Politics? Mr. Cotera: All right. You know what you tell that person? You tell that person that they're getting better service and better response because the guy who lives in Overtown does the robbery in Liberty City, he doesn't do it in Overtown, and vice versa. Commissioner Dawkins: Well, wait, but I cannot... I cannot allow... Mr. Cotera: The guy who does the robbery in Flagami lives in Little Havana. Commissioner Dawkins: I cannot allow you to stand here and tell me something I asked is political. I can't let you do that. Mr. Cotera: Well, what I'm saying is this. What I'm saying is very simple. Commissioner Dawkins: Now, if you want to tell me you want to explain it as a policeman, now, I can understand that. But you can't tell me that you're going to explain it to me as a politician, Al. That's not fair. Mr. Cotera: No, I didn't say that. Commissioner Dawkins: When you say it's political, then you're answering it as a politician. Mr. Cotera: I'm saying you're asking a political question or... Commissioner Dawkins: No, no, no. Mr. Cotera: Well, you're the one that brought out the fact that your constituent is going to call you. Commissioner Dawkins: No, no. All the constituents, all the constituents. Mayor Clark: Please, let's end this. 125 September 14, 1995 L Mr. Cotera: And whenever a constituent calls a Commissioner, you have a reason for it. Commissioner Dawkins: Al, I said the South Station and the North Station. I did not... They're all my constituents. Everybody voted for me. Mr. Cotera: Commissioner Dawkins, what I'm saying is this. What I'm saying is that as an ex - robbery detective for three years - all right? - I can tell you from the point of view of my membership, because that's who I represent. I don't represent the Police Department. I represent my members. OK? I can tell you that it will work better if it is centralized, because it's an economy of scale. Commissioner Dawkins: Nobody up here has disputed that. Mr. Cotera: It's really that simple. Commissioner Dawkins: Nobody up here has disputed that yet. Mr. Cotera: OK? That's what I'm saying. Commissioner Dawkins: Yet. Yet. Mr. Cotera: Now, what I'm also saying is this. As a matter of policy, I think it has been the policy of this Commission... Since when did you guys tell us, you know, how... tell the Police Department or the Fire Department how to deploy? That's their job. That's what you pay them for. Commissioner Dawkins: Are you finished? Mr. Cotera: They're the ones that have got to make that decision. But I see it on the agenda here. Commissioner Dawkins: Are you finished? Mr. Cotera: Yes, sir. Commissioner Dawkins: OK. Thank you. Mr. Cotera: You're welcome. Commissioner Dawkins: Chief, back to you, Chief. Assistant Chief Brooks: Yes, sir. Commissioner Dawkins: We're taking four persons from the North Station, we're taking four persons from the South Station, which means the work force has been decreased by four individuals at each work station. Iis that a correct statement, sir? Vice Mayor Plummer: No. No. Assistant Chief Brooks: No, it's not. Commissioner Dawkins: OK. Tell me why. What's wrong with it? 126 September 14, 1995 Assistant Chief Brooks: Because when we went into the NET (Neighborhood Enhancement Team) configuration, Commissioner, with the 12 separate NET areas, we placed more resources into the North District and we placed more police officers on the street, in the NET configuration, in those NET areas in the North District. Commissioner Dawkins: OK. Now, I'll get to the question where I was trying to get. OK? If you can decentralize the robbery unit, and move the robbery unit to the Central Station, why can't you decentralize the drug unit and move it to the North Station? Assistant Chief Brooks: First of all, Commissioner, the drug unit has been decentralized. Commissioner Dawkins: And political, nonpolitical or straight, it doesn't matter. Assistant Chief Brooks: Well, the drug unit has been somewhat decentralized, in that we've created crime suppression teams for each district. Each district has plain clothes, tactical response teams for each district, and that is in place, and appears to be working. The street level narcotics function is centralized, does work out of SIU, (Special Investigations Unit) and the reason we do that is for safety of the police officer, safety of the undercover officer in making narcotics purchases. We feel that the correct deployment there is a centralized response. Commissioner Dawkins: OK. No further questions. Thank you. Mayor Clark: No further questions? Next item. Assistant Chief Brooks: Thank you. Mayor Clark: Thank you. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I'd like to make a little statement, you know, being the new guy on the block, and I'll keep saying that for the next three years, Victor. My understanding of us here - and Miller, correct me if I'm wrong - is to dictate policy. I think we've got to go to the Chief of Police. I'm not an expert in police, and I don't think you are, or any of us up here. And we've got to tell the Chief of Police we want crime in the City of Miami to come down. I don't think we should tell the Chief how to do it, or where to put it, because as I visit all the different neighborhoods, every one, every one of the neighborhoods are beginning to play the numbers game now. Well, how many officers you got here, how many you got there? And my response to them, constantly, is, look... And I have police officers coming to me, because with the changes that are taking place, a lot of people are not happy with the changes. Some people will have to put different hours, and I've got a lot of them coming to me and complaining. And my response to them is, all I want is the Chief to do his job. If he cannot do his job, then we'll get somebody else. But I'm sure not going to tell him how to do it, because if I tell him how to do it, how to deploy his people, then he can come back to me and say, I'm not functioning because you told me how to do it. Commissioner Dawkins: No. The Charter specifically says the Manager manages, and the Commission is supposed to legislate. Mayor Clark: Set the policy. Commissioner Dawkins: Now, no Commissioner can tell anybody other then the City Attorney, the City Manager, and the City Clerk how to function. That's the only thing we do. But I would 127 September 14, 1995 be remiss to sit here and have some questions in the back of my mind that I need answered, and if someone in the community, or in the Police Department, or anywhere else wants to think that because I am seeking information that I am attempting to run a department, so be it. And I will continue to ask questions from now until November of '97 that I think are germane to my being able to adequately assess the situation and make a vote. Mayor Clark: All right. Thank you. Thank you folks. Vice Mayor Plummer: Mr. Mayor, can I ask a quick question? Mayor Clark: No, you can't. Damnit, let's move forward. Vice Mayor Plummer: Well, OK, I'll get it later then. Mayor Clark: All right, fine. On item 14, agenda item for the City Commission. We've got to move this thing on. We can't be here for four years. Commissioner Gort: Mr. Mayor... Vice Mayor Plummer: Oh, I expect to be here longer, much longer. ---------------------------------------------------------------------------------------------------------------- 34. PERSONAL APPEARANCE: THE CURRY-GRICE TRACK CLUB CONCERNING REQUEST FOR FUNDS -- REFER TO MANAGER. Mayor Clark: Item 14. Vice Mayor Plummer: Sixteen, isn't it? Mayor Clark: Fourteen was not heard today. Mr. Cesar Odio (City Manager): No, we passed 14. Vice Mayor Plummer: Huh? Commissioner Dawkins: We passed 14, Mr. Mayor. Vice Mayor Plummer: We've done 14, Mr. Mayor. Mr. Odio: We're on 16, Mr. Mayor. Vice Mayor Plummer: We're on 16. Mayor Clark: All right, 16. Vice Mayor Plummer: Gort with his track club. Mayor Clark: Is this yours, Willy? Vice Mayor Plummer: Sixteen, Willy, is yours. 128 September 14, 1995 _j Mayor Clark: Willy? Commissioner Gort: As you recall, the Subcouncil of the Model City was here, and we discussed the idea of getting an additional four surplus car... Vice Mayor Plummer: Willy, that's 17. Sixteen, Willy. Commissioner Gort: Sorry about that. Been sitting in that chair for too long. Well, Mr. Richard Curry wrote me a letter and he wanted a personal appearance. That's why he's here. Mayor Clark: What item are we on, Willy? Vice Mayor Plummer: Sixteen. Commissioner Gort: Sixteen. Mayor Clark: What's the story? Name the price. Mr. Richard Curry: Ha -ha-ha. Are you willing to give it? 3070 Hibiscus Street, Richard Curry, 33133. I'd like to thank Commissioner Gort for giving me this opportunity to speak to the Commission. I am the cofounder and coach of the Curry-Grice Track Club. The Curry-Grice Track Club, Inc., is a nonprofit youth development organization targeting youth in the Coconut Grove and Coral Gables area. We have 40 current participants between the ages of six and 18. Our organization functions on two types of developmental activities. The first activity is the development of skills in track and field. Participators receive instructions in running, and field event techniques, Mondays through Thursdays, for two hours each day. Every Saturday, members compete in local tract meets held in various locations throughout the South Florida area. The second activity is the development and enhancement of academic skills. Participants and other interested youth receive tutoring instructions in subject areas as needed. Our goal is to emphasize the importance of an education, high self-esteem and to continue self-improvement. We continue to reinforce that, that they can make a difference in Coconut Grove. OK. During our five years of existence, we have accomplished some things out of the Grove. There have been a lot of negative things that have been said about the Grove, but in our five years, we have accomplished quite a bit. OK. In five years, we have taken kids to California twice, we have taken them to Texas once, we have taken them to Tennessee once, we have taken them to New Orleans once. Right now, we are hurting for funds, and we need funds to continue on. Vice Mayor Plummer: How much? Mr. Curry: Now, we're in the process of homework assistance. We... Vice Mayor Plummer: How much? How much? Mr. Curry: How much? Ha -ha-ha. Mayor Clark: Please, sir. Now, we're moving forward. Mr. Curry: OK. Right now, I... Commissioner Gort: Excuse me. Mr. Manager, let me ask a question. Have you been with staff? Have you sat down with staff and the Manager? Mr. Curry: Yes. 129 September 14, 1995 6 Commissioner Gort: Yes. OK. You've put a budget together? Mr. Curry: No, I didn't enter a budget because we don't start our budget until January. That's when our fiscal year ends. But what we're asking for is for the Commission to set aside some funds for these type of operations. Mr. Cesar Odio (City Manager): Send him back to us. Mayor Clark: Go back to the Manager and come back here. Commissioner Gort: Go back to the Manager and come back, and this could be... Mayor Clark: He'll have a recommendation for us. Commissioner Gort: ... crime prevention or whatever. OK? Mayor Clark: Thank you, Mr. Curry. Mr. Curry: Thank you. Commissioner Dawkins: Mr. Manager, are you going to refer him to the LETF (Law Enforcement Trust Funds) funds? Because this is crime prevention. Commissioner Gort: Right. Mr. Odio: I... We can resolve this. ---------------------------------------------------------------------------------------------------------------- 35. GRANT REQUEST FROM THE MODEL CITY CRIME PREVENTION SUB - COUNCIL FOR DONATION OF FOUR SURPLUS CITY VEHICLES. Mayor Clark: All right. Item number 17. Thank you, Mr. Curry. Mr. Curry: And I thank the Commission. Mayor Clark: Yes, sir. Vice Mayor Plummer: Willy Gort's agenda. Mr. Cesar Odio (City Manager): A resolution on this one. Mayor Clark: What is this, Willy? Vice Mayor Plummer: Willy? This is Model City. Commissioner Dawkins: They left and I think... Commissioner Gort: This, we discussed it, if you remember, we discussed it and we agreed that we're going to give these cars to this Crime Watch Subcouncil of Model City... 130 September 14, 1995 Mr. Odio: But it was never voted on. Commissioner Gort: ... but we never voted on it. So I'm making the motion to go ahead and do so. This is four surplus cars for the Crime Prevention Program in Model City. Vice Mayor Plummer: What do they do? Mayor Clark: Second to the motion? Commissioner Gort: They were all here, but they had to go. Commissioner Dawkins: Yeah, they had to leave. Vice Mayor Plummer: What does this do? Commissioner Gort: Gives them four surplus cars. Commissioner Dawkins: They had a group here this morning, but they had to leave. Mayor Clark: Is there a second to the motion? Commissioner Dawkins: Second. Vice Mayor Plummer: Yes, of course. Mayor Clark: All in favor signify... Vice Mayor Plummer: As long as they fully understand they've got to provide total, full liability and assume all expenses and obligations. I second the motion, third the motion. Call the roll. Mayor Clark: With no exception, cast a unanimous ballot. Vice Mayor Plummer: So be it. 131 September 14, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO.95-642 A RESOLUTION CLASSIFYING FOUR (4) SURPLUS POLICE VEHICLES AS CATEGORY "A" SURPLUS STOCK SHOULD SUCH VEHICLES BECOME AVAILABLE; FURTHER DONATING THE SAME, IF AVAILABLE TO THE MODEL CITY CRIME PREVENTION SUB -COUNCIL, TO ASSIST IN SAID ORGANIZATION'S EFFORTS TOWARD DETERRING CRIME, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN SEPTEMBER 14, 1995 AND SEPTEMBER 13, 1996; AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE RELEASE DOCUMENTS. (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. ---------------------------------------------------------------------------------------------------------------- 36. REFER TO CITY ATTORNEY REQUEST FROM RONALD J. COHEN, ESQ. CONCERNING PAYMENT OF ATTORNEY'S FEES IN CONNECTION: (1) RETIRED MIAMI POLICE LIEUTENANT MICHAEL CHRISTOPHER OFFICER JESUS A�GUERO);($147, 06.2 )A AND 4) APPROVAL $4OF5)AN ATTORNEY FOR OFFICER TOM TRUJILLO -- REQUEST CITY ATTORNEY'S RECOMMENDATION TO BE PLACED ON AGENDA FOR SEPTEMBER 28TH COMMISSION MEETING. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Item 20. Mayor Clark: Is it 20? Unidentified Speaker: Mr. Mayor, may I just get Al? He's right out here. 132 September 14, 1995 Vice Mayor Plummer: Well, let me ask you, Mr. City Attorney... Commissioner Dawkins: Wait a minute. What are we on now? Vice Mayor Plummer: Item 20. Commissioner Dawkins: Mr. Manager, on 17... Mr. Cesar Odio (City Manager): I can read the resolution we have prepared here. That would be easier. Commissioner Dawkins: On 17? Vice Mayor Plummer: We just passed 17. Mr. Odio: Seventeen, yeah. Unidentified Speaker: They just passed it. Mr. Odio: Oh, OK. Vice Mayor Plummer: Mr. City Attorney, item 20. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir. Vice Mayor Plummer: Have you gone over all of these items, and have you made a determination that the fees herein indicated are in the ball park of being fair and equitable? Mr. Jones: Commissioner, the only thing I have are the letters. I haven't had... The only case that we've had discussions about were, I think it was Mr. Rasmussen. Vice Mayor Plummer: Wait a minute, wait a minute. Rasmussen? Mr. Jones: Yes. Vice Mayor Plummer: Is the eleven thousand four four two ($11,442). Mr. Jones: Yeah. Vice Mayor Plummer: OK. Mr. Jones: I think they're asking for an additional eleven, yeah eleven -four. The others, I haven't had any conversation... Vice Mayor Plummer: What about... The other two, you haven't. Mr. Jones: No, I have not. Vice Mayor Plummer: OK. Mr. Mayor, I will move... I'm assuming you're saying that the eleven is equitable? Mr. Jones: I haven't even reviewed that. We agreed initially, and we paid some initial fees with the understanding at some point there would be additional fees incurred. I would like the opportunity to sit down with Mr. Cohen and Mr. Cotera, and we can go through it and come to some resolution, but I cannot, without any backup on a request for... 133 September 14, 1995 Vice Mayor Plummer: All right. I will move that item 20 be referred to the City Attorney who will come back without question on the 28th with his recommendation for this Commission. I so move. Commissioner Gort: Second. Commissioner Dawkins: That's on all of the issues that are... Vice Mayor Plummer: All three of them. He said he hasn't reviewed any. I Commissioner Dawkins: How many you got, Al? Vice Mayor Plummer: Three. Commissioner Gort: Second. Mr. Al Cotera: Under discussion. Under discussion. Mr. Mayor, Commissioners, the Rasmussen case had already priorly been approved, and it was approved under the directions of this Commission that we were going to fund the attorney during the case for the civil end of it. i Vice Mayor Plummer: Did we... Mr. Cotera: That's that eleven thousand dollars ($11,000). Vice Mayor Plummer: Did we set a maximum? Mr. Jones: Was that by resolution? Mr. Cotera: That was... Mr. Jones: Was that by resolution? 1 Mr. Cotera: That's the direction of the Commission. Mr. Jones: No. Was that by resolution? Anything... Mr. Cotera: Well, I go by the direction of the Commission. Mr. Jones: When I spoke... Mr. Cotera, when I spoke to Mr. Cohen initially, and as you well know, I can engage legal counsel up to forty-five hundred dollars ($4,500). OK? Mr. Cotera: That's correct. Mr. Jones: And that was the understanding that this representation was undertaken. Mr. Cotera: That's correct. Mr. Jones: It was only later that I found out from Mr. Cohen, by letter, that there were some additional sums that were incurred, whatever else. Mr. Cotera: That's correct. And that's why it's... i Mr. Jones: I do not recall a resolution being authorized by this Commission for payment. i _ .134_' September 14, 19.95 L Mr. Cotera: Right. And that's why it's here in front of the Commission. Mayor Clark: Please, please, now. One at a time. Vice Mayor Plummer: I move my motion. Mr. Cotera: Well, I'm not going to even deal with the issue of the funds right now, and I'll be more than happy to sit down with Mr. Jones and go over the entire bill. But following the direction of this Commission, Commissioner Plummer and the rest of you, I am asking for attorney's fees for a case that we're now beginning to handle. You're the one that said before j we pay any more, we have to bring it in front of you. That is part of that item. I suggest that you separate them and give me the approval on that item so that... You know, don't box me in. The man needs an attorney now. You know, we can't be waiting 90 days, or 40 days, or 30 days. Vice Mayor Plummer: Al, Al, I don't remember... Mayor Clark: Wait a minute. Mr. Gort has the floor. Vice Mayor Plummer: Go ahead. Commissioner Gort: My understanding is, whichever matter, the Attorney, our Attorney has got _._.to.tell us that he agrees on the figure that they're going to -discuss. Mr. Cotera: I'm not arguing about a figure. This is a case that hasn't even... You know, it's starting. Commissioner Gort: No, I understand, but I think we've got to put a cap to that or something now, so we'll have an idea of what the case is going to be, or how much. Vice Mayor Plummer: I don't... Al... Mr. Cotera: Unfortunately, I can't give you a number. Vice Mayor Plummer: I don't remember... Mr. Cotera: We don't know. Nobody knows. It depends. You know, they may... They may settle. Vice Mayor Plummer: I don't remember this matter coming before us, because I think one of the things that when we say you go to the outside counsel, we're going to set a maximum fee. OK? I'm saying to you again, we're talking about two weeks. I'll move it with a mandate that he must come back with a recommendation in two weeks. Mr. Cotera: I can live with that. No problem. OK, thank you. Mayor Clark: Is there a second? Commissioner Gort: Yeah, second. Mayor Clark: Any exception? Anyone to oppose? Cast a unanimous ballot of those present. 1 The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-643 A MOTION REFERRING TO THE CITY ATTORNEY AGENDA ITEM 20 (REQUEST BY RONALD J. COHEN, ESQ. TO ADDRESS THE COMMISSION REGARDING PAYMENT OF ATTORNEY'S FEES FOR RETIRED POLICE LT. MICHAEL CHRISTOPHER, $100,000; DOUGLAS RASMUSSEN VS. CITY OF MIAMI, $11,442.15; AND MIAMI POLICE OFFICER JESUS AGUERO, $147,206.25; INCLUDING APPROVAL OF AN ATTORNEY FOR OFFICER TOM TRUJILLO); FURTHER, REQUESTING THE CITY ATTORNEY TO COME BACK AT THE NEXT COMMISSION MEETING (PRESENTLY SCHEDULED FOR SEPTEMBER 28TH) WITH HIS RECOMMENDATION IN CONNECTION WITH MR. COHEN'S REQUEST FOR PAYMENT OF SAME. 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. ---------------------------------------------------------------------------------------------------------------- 37. GRANT REQUEST FROM CATHOLIC SERVICES OF LITTLE HAVANA FOR RENEWAL OF RENTAL FEE WAIVER FOR OFFICE AND CLOSET SPACE AT MANUEL ARTIME COMMUNITY CENTER -- FOR SOCIAL SERVICES RENDERED TO RESIDENTS. Vice Mayor Plummer: All right. We're on item number 21, is it? Commissioner Gort: We moved... No. Mayor Clark: Did you move 21? Commissioner Gort: No, no, 21 is different. Ms. Alicia del Toro: Good afternoon, Mr. Mayor, Vice Mayor, Commissioners, City staff. My name is Alicia del Toro from Catholic Service of Little Havana, 970 Southwest 1st Street. I'm here to request... Vice Mayor Plummer: Did you move it? What did you recommend? The Manager recommends it, Mr. Mayor. I move it. Mr. Cesar Odio (City Manager): Wait, wait, with one condition. 136 September 14, 1995 Vice Mayor Plummer: With one condition. Mr. Odio: We're telling everyone there that we have an RFP (Request for Proposals) that's going out, hopefully, next week. We intend to bring back to you, giving that property to the private sector, so we don't have a five hundred thousand dollar ($500,000) a year deficit there. Vice Mayor Plummer: They've all been notified of that? Mr. Odio: I hope that you have been notified. Vice Mayor Plummer: OK. I'll move it under those conditions. Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot, if there's no exception, Mr. Clerk. Thank you. It's been approved. Ms. del Toro: Thank you very much, and if you need the affidavit, I have it here. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: i RESOLUTION NO.95-644 i A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF OFFICE AND CLOSET SPACE OCCUPIED AT THE MANUEL ARTIME COMMUNITY CENTER BY CATHOLIC SERVICES OF LITTLE HAVANA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 137 September 14, 1995 7 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. ---------------------------------------------------------------------------------------------------------------- 38. (Continued Discussion) BRIEF COMMENTS CONCERNING DONATION OF PLAYGROUND EQUIPMENT / SITE IMPROVEMENT BY KIWANIS CLUB OF LITTLE HAVANA FOR JOSE MARTI PARK -- CONFIRM NAMING OF PARK IN HONOR OF CARLOS ERDMANN. (See label 31) Mayor Clark: Item 22. Vice Mayor Plummer: Mr. Mayor, somebody brought me... Commissioner Dawkins: That was done, Mr. Mayor. Commissioner Gort: That was done. Vice Mayor Plummer: No, excuse me. Here, here. Somebody gave the name, by the way. I know that's what I saw. The Kiwanis want the playground for in memory of Carlos Erdmann, spelled E-R-D-M-A-N-N. I'm assuming he was a member. A. Quinn Jones, III, Esq. (City Attorney): You passed that. Mr. Odio: You passed that already. Commissioner Gort: He was a prior member. He passed away. Vice Mayor Plummer: OK. Mr. Jones: You passed it before lunch. Vice Mayor Plummer: Huh? Mr. Jones: You passed it before lunch. Vice Mayor Plummer: With this name attached to it? Mr. Jones: Yes. Vice Mayor Plummer: I didn't see it. I'm sorry. I stand corrected. 138 September 14, 1995 No ---------------------------------------------------------------------------------------------------------------- 39. PERSONAL APPEARANCE: GIFFORD M. TABOR CONCERNING CRIME RELATED ISSUES IN THE CRYSTAL COURT NEIGHBORHOOD. Mayor Clark: Item 23. Mr. Tarbor - Tabor. Mr. Gifford Tabor: Gifford Tabor, 3520 Crystal Court. Good afternoon. Thank you for the opportunity to address you. We have a little neighborhood park which is bayfront, and an asset to our neighborhood is quickly turning into a nasty little liability. We've got a continual crime problem developing there with trespassing, engaging in drug abuse, alcohol consumption, trash dumping, lewd and lascivious behavior, and also the illegal taking of sea life and... Mr. Cesar Odio (City Manager): May I correct you? Mr. Tabor: Yes. Mr. Odio: It is not a City park. That's a piece of property that's owned by the subdivision owners. It is not a City park, and we have no right to go onto that property. Mr. Tabor: I believe I said neighborhood park. I believe I said neighborhood park. Mr. Odio: A neighborhood park. It is owned by the owners and not by us, and we have no... We are not going to spend any monies there. Mr. Tabor: OK. Well, we'd love to have it declared that. If so, then we can do what we wish. But there seems to be some sort of conflict of opinion there. Mr. Odio: It's owned by the owners of the neighborhood, the property owners. Vice Mayor Plummer: It's Ripuarian rights. Mr. Odio: That's right. So you would have to get together with your neighbors and put some money up. Mr. Tabor: Well, we've been together, and we're all willing to do that, but there seems to be some sort of conflict of opinion, and we'd be very happy for you to declare and say, yes, it's a neighborhood park, we can do... Mr. Odio: No, no, it's not a City park. We have enough parks. It is a property owned by the neighbors, and you may get together and clean it up. Mr. Tabor: OK. It's not a matter of cleaning up. We're just seeking to put a fence across it and be able to lock it at sunset. Vice Mayor Plummer: I don't think they can do that. Mr. Odio: Let's meet him with the staff and we'll help you, guide you through this procedure. Mr. Tabor: Who should I go to? 139 September 14, 1995 ONO Mr. Odio: Right there, the NET (Neighborhood Enhancement Team) Office. Vice Mayor Plummer: This is a Ripuarian right piece of property. Mr. Tabor: OK. Very good. Thank you. Commissioner Gort: For which address? Vice Mayor Plummer: Oh, hold on. ---------------------------------------------------------------------------------------------------------------- 40. APPROVE MODIFICATION TO PURCHASE / SALE AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY AND ALANDCO, INC. -- FOR PURCHASE OF MIAMI RIVERSIDE CENTER -- PROVIDE FOR TESTING PROTOCOL PERTAINING TO ENVIRONMENTAL MATTERS AND FOR REIMBURSEMENT OF SELLER'S ENVIRONMENTAL TESTING COSTS (UP TO $50,000) -- PROVIDE FOR (1) CERTAIN REMEDIES IF ANY PORTION OF PROPERTY IS NOT IN COMPLIANCE WITH APPLICABLE ENVIRONMENTAL STANDARDS; AND (2) RIGHT OF FIRST OPPORTUNITY UNDER CERTAIN CONDITIONS. Mayor Clark: What's the next item, J.L.? Vice Mayor Plummer: The next item, Mr. Mayor, is going to be item 41. Mayor Clark: All right. That's a good jump. Vice Mayor Plummer: Forty-one is the hazardous cleanup of the FP&L (Florida Power and Light) property. Mr. Cesar Odio (City Manager): No, no, don't say that because there is no... We have no knowledge of... Vice Mayor Plummer: OK. The hazardous testing. Mr. Odio: OK. And that's the amendment to the FP&L purchase contract to make sure that... Vice Mayor Plummer: And I so move at this time, Mr. Mayor. Mayor Clark: Is there a second? Commissioner Gort: Second. Vice Mayor Plummer: It's a resolution. Mayor Clark: Any exception? Mr. Odio: And we will not spend over fifty thousand dollars ($50,000) for the testing, Commissioner. Vice Mayor Plummer: Anything over that, FP&L has to pay. Right. 140 September 14, 1995 Mr. Odio: That's correct. Mayor Clark: No exception. Cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-645 A RESOLUTION, WITH ATTACHMENTS, APPROVING A MODIFICATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PURCHASE AND SALE AGREEMENT, ENTERED INTO WITH FLORIDA POWER AND LIGHT COMPANY AND ALANDCO, INC., DATED JULY 13, 1995, FOR THE PURCHASE OF REAL PROPERTY COMMONLY KNOWN AS THE MIAMI RIVERSIDE CENTER; SAID MODIFICATION PROVIDING FOR A TESTING PROTOCOL PERTAINING TO ENVIRONMENTAL MATTERS AND FOR REIMBURSEMENT OF SELLER'S ENVIRONMENTAL TESTING COSTS UP TO A MAXIMUM OF FIFTY THOUSAND ($50,000) DOLLARS; PROVIDING FOR CERTAIN REMEDIES IN THE EVENT THAT THE PROPERTY OR ANY PORTION THEREOF IS NOT IN COMPLIANCE WITH APPLICABLE ENVIRONMENTAL STANDARDS; PROVIDING FOR A RIGHT OF FIRST OPPORTUNITY UNDER CERTAIN CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 41. APPROVE EXPENDITURE OF $130,000 FOR CONSTRUCTION OF CENTENNIAL PLAZA IN BAYFRONT PARK -- ALLOCATE FUNDS FROM 1994-95 CIP. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Forty-two is to help out at Bayfront Park. I move it. Commissioner Gort: Wait, wait, hold it, hold it. What is this now? Mr. Cesar Odio (City Manager): I don't recommend it. Commissioner Gort: Second. 141 September 1-4, 19.95 004 Mayor Clark: You second it? You better call the roll on this. There's some money involved. Vice Mayor Plummer: You dirty devil. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-646 A RESOLUTION APPROVING AN EXPENDITURE, IN THE AMOUNT OF $130,000, FOR THE CONSTRUCTION OF CENTENNIAL PLAZA IN BAYFRONT PARK; ALLOCATING FUNDS THEREFOR FROM THE FY 1994-1995 CAPITAL IMPROVEMENT PROGRAM. (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. ---------------------------------------------------------------------------------------------------------------- 42. ALLOCATE $335,000 CDBG FUNDS: (1) $100,000 TO CATHOLIC COMMUNITY SERVICES, INC. / SAN JUAN DAY CARE AND NEIGHBORHOOD CENTER -- FOR CONSTRUCTION OF NEIGHBORHOOD CENTER; (2) $85,000 TO GREATER MIAMI YOUTH SERVICE CORPS, INC. -- TO COMPLETE PUBLIC IMPROVEMENTS; (3) $100,000 TO BORINQUEN HEALTH CARE CENTER, INC. -- TO ACQUIRE CAPITAL FIXTURES EQUIPMENT FOR MAMMOGRAPHY EXAMINATIONS; AND (4) $50,000 TO ASSOCIATION FOR DEVELOPMENT OF THE EXCEPTIONAL, INC. -- TO EXPAND EXISTING FACILITY -- AUTHORIZE MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Move 43. Mayor Clark: Forty-three has been moved by Mr. Plummer. Commissioner Gort: Second. Mayor Clark: Any exception? Hearing none, cast a unanimous ballot. 142 September 14, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-647 A RESOLUTION ALLOCATING $335,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS FOLLOWS: $100,000 TO CATHOLIC COMMUNITY SERVICES, INC./SAN JUAN DAY CARE AND NEIGHBORHOOD CENTER FOR CONSTRUCTION OF A NEIGHBORHOOD CENTER; $85,000 TO THE GREATER MIAMI YOUTH SERVICE CORPS, INC., TO COMPLETE PUBLIC IMPROVEMENTS; $100,000 TO BORINQUEN HEALTH CARE CENTER, INC., TO ACQUIRE CAPITAL FIXTURES EQUIPMENT FOR MAMMOGRAPHY EXAMINATION; AND $50,000 TO THE ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL, INC., TO EXPAND EXISTING FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE AFOREMENTIONED AGENCIES. (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 September 14, 1995 —1 004 ---------------------------------------------------------------------------------------------------------------- 43. (A) AUTHORIZE MANAGER TO ALLOCATE / DISBURSE FUNDING ($50,000) FROM CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM TO URBAN LEAGUE OF GREATER MIAMI, INC. -- TO DEFRAY COSTS ASSOCIATED WITH PREDEVELOPMENT ACTIVITIES -- FOR DEVELOPMENT OF A 90-UNIT AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT, TO BE KNOWN AS: KNIGHT MANOR HOMES PROJECT, ON 11-ACRE PARCEL IN MODEL CITY (NW 67 AND 69 STREETS BETWEEN NW 7 AND 10 AVENUES) -- ALLOCATE PRELIMINARY COMMITMENT FOR PROJECT CONSTRUCTION OF $2,375,000 OVER 2-YEAR PERIOD FROM CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM AND/OR CDGB PROGRAM -- SUBJECT TO URBAN LEAGUE SECURING ADDITIONAL PROJECT FUNDING COMMITMENTS IN EQUAL AMOUNT FROM METROPOLITAN DADE COUNTY AND/OR STATE OF FLORIDA, AND SATISFACTORY RESOLUTION OF ANY ENVIRONMENTAL ISSUES ASSOCIATED WITH DEVELOPMENT SITE -- AUTHORIZE MANAGER TO EXECUTE NECESSARY DOCUMENTS. (See label 45) (B). _COMMISSIONER DAWKINS DIRECTS ADMINISTRATION TO EARMARK $4 MILLION . FOR CONSTRUCTION OF TOWNHOUSES WITH GARAGES BY THE URBAN LEAGUE AND LHL HOUSING CORPORATION -- SCHEMATICS FOR PROJECT MUST BE PRESENTED TO COMMISSION WITHIN NEXT TWO MEETINGS -- ALLOCATE $2 MILLION NOW AND PLACE $2 MILLION IN TRUST FOR COMPLETION OF PROJECT. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: I move 44. Commissioner Gort: Second. Commissioner Dawkins: Under... Hold it. Under discussion. Vice Mayor Plummer: Under discussion. Mayor Clark: On 44, discussion by Mr. Dawkins. Commissioner Dawkins: Forty-four was originally scheduled to be a townhouse project in which homes would be built around the sixty thousand dollar ($60,000) Northwestern High School to enhance that neighborhood. At the time, I asked L and... LHL Housing, to develop a proposal to provide townhouses in that area, and it's amazing how certain areas in Miami, people dictate what that neighborhood will or will not purchase. So when LHL came back with townhouses, we sat down, and we said that there would be two bedrooms with two and a half baths, and a garage, and with the money that was subsidized from the City of Miami, they could sell the two -bedroom, two bath townhouse for sixty-five thousand dollars ($65,000). There was another three -bedroom, two and a half bath with a garage, which should be subsidized for eighty-six thousand, eight hundred and fourteen dollars ($86,814). At that time, we also agreed that no bedroom would be less than ten -by -ten. Every time we build something in that neighborhood, it's always, if you put a dresser and a bed in there, you cannot turn around. So it 144 September 14, 1995 was agreed that these townhouses would be built. Since LHL was from Fort Lauderdale, I asked ` them to get with the Urban League, which was a local unit, and develop a plan for the townhouses. The Urban League, instead of developing the townhouses, decided that it, the Urban League, did not want to build townhouses. It, the Urban League, decided that townhouses would not sell in that area. And it, the Urban League, said, well, we aren't going to build no townhouses, we don't care what Miller Dawkins says. Now, that's unfair, and I could understand them being this way if the City of Miami and the Urban League had not worked collectively to provide decent, affordable housing in the City of Miami. In fact, right now, the City of Miami has given the Urban League property known as - what is it, Spring Gardens? Unidentified Speaker: Highland Park. Commissioner Dawkins: - Highland Park, in which to put affordable rental housing. We have given them lots to put affordable housing within the City of Miami. And why would the Urban League decide that it would take these units that were earmarked for them to work in conjunction with LHL Housing. to build townhouses, and now decide that they are going to built whatever they're going to build? Now, Mr. Manager, in '92/93, we got five million dollars ($5,000,000) for housing. This Commission voted to put two million ($2,000,000) into new construction, two million ($2,000,000) to rehab, a half million to first time buyers, and five hundred thousand ($500,000) to CHODOS (Community Housing Development Organizational Services.) In the rehab '92/93 budget, we spent three million seven hundred and forty-two dollars ($3,000,742), yet only two million dollars ($2,000,000) were budgeted. And first time homeowners only got a and.sixteen.thousand dollars ($116,000), OK?_ One million two hundred and ninety seven thousand one hundred and forty dollars ($1,297,140) was transferred from someplace. It came from new construction. '93/94, the allocations, three million four hundred and ninety-three dollars ($3,000,493). This Commission directed that first-time buyers get a half a million dollars, CHODOS gets five hundred thousand ($500,000), rehab gets one million one hundred nineteen thousand ($1,119,000), and new construction get one million nine hundred thousand ($1,900,000). Yet, no new construction - new - has been built in the area that I'm talking about at all. No new construction has been built in Wynwood. No new construction has been built in the Allapattah/Santa Clara area. But when I say put townhouses, brand new townhouses in this area, we get static. Now, it's four million dollars ($4,000,000) allocated for these houses. Now, whether I get the vote or not, I would like to move, Mr. fellow Commissioners, that the Urban League and LHL be instructed to go to the Manager, develop townhouses with the two million we're going to give them, and hold the other two million in reserve. After they build and sell the first phase for two million dollars ($2,000,000), we will know if townhouses will sell or if they won't. If they won't, you take the second two million ($2,000,000) and build what they want to build. But I would like to move that the four million dollars ($4,000,000) that was earmarked for the Knight Manor Project at first, that two million dollars ($2,000,000) today be given to LMH and the Urban League, and that they be instructed to come back to this Commission either at the next Commission meeting or at the following Commission meeting with a schematic showing us that they have townhouses, whether they are two -house townhouses connected, three -house townhouses connected and a garage. In that area, you must have a garage in which to put a car. My car has been stolen three times from in front of my house So don't tell me that we do not need garages. So I would like to move that the Urban League and LHL be given the two million dollars ($2,000,000) with a reserve of four million ($4,000,000) to build townhouses, and that as of today, the object code or whatever you put money in will be established, and I so move. Mayor Clark: All right. Yes. Mr. Cesar Odio (City Manager): I need a clarification. What we're trying to do today was just getting fifty thousand dollars ($50,000) allocated so that we could do some testing to make sure that property is not polluted, and also to do the market research, and then come back. So you... OK. 145 September 1.4, 19.95 Vice Mayor Plummer: Well, I don't see anything where that would be in conflict with what's been said here today. It's fifty thousand ($50,000) to get the process started. That which Commissioner Dawkins has proposed, I spoke with these people in the last couple of days, and I did not personally like the concept of townhouses, but I did feel that they could reconfigure their project as they had it down, and instead of everything being a single floor, have individual private residences, two stories, and they doubled their green recreational space. Now, I'm not an expert on townhouses or not, but I can tell you something. That which they brought me looked crowded, and I said that, and I felt that the way to eliminate the crowding was to go two stories, rather than a single, which is like a townhouse, but a single unit for private ownership, which would immediately double the green area. Now, that all can be discussed. What we're here today about is fifty thousand ($50,000) to get started. Commissioner Dawkins: Why do we need fifty thousand dollars ($50,000) to survey an area, where for three years, I've been discussing putting townhouses in it? They're building an eighty million dollar ($80,000,000) high school. Vice Mayor Plummer: A hundred. Commissioner Dawkins: The Urban League just built a tot lot that was needed in the area so the youth could have something to play in. And you're going to say you got to study? If you're going to give the Urban League fifty thousand dollars ($50,000)... Vice Mayor Plummer: They're studying the soil. Commissioner Dawkins: Give the Urban League fifty thousand dollars ($50,000) and do a feasibility study on the - what's that, King Heights or what is it? Mr. Frank Castaneda: King Heights. Commissioner Dawkins: No, no, that other one. Mr. Castaneda: Oh, Highland Park. Commissioner Dawkins: Give them fifty thousand dollars ($50,000), and I agree. I'll move. Give them fifty thousand dolars ($50,000) to study the King Heights site, and do a feasibility study, and see what you're coming up with. I so move. Mr. Castaneda: Commissioners, the purpose of the fifty thousand dollars ($50,000) was two parts. One, to determine if there is any pollution on the site before they move on it. Commissioner Dawkins: OK. How large is the site? Mr. Oliver Gross: The site is approximately eleven acres. Mr. Castaneda: Ten acres. Commissioner Dawkins. I'm not talking to you, sir. Mr. Gross: Pardon me. Commissioner Dawkins: OK? How large is the site? Mr. Castaneda: Eleven acres, ten to... 146 September 14, 1995 I Commissioner Dawkins: Beg your pardon? 1 Mr. Castaneda: About eleven acres. Commissioner Dawkins: Eleven acres. Is the whole... Do you think the whole eleven acres is contaminated? Vice Mayor Plummer: Don't know. `i Mr. Castaneda: I think we believe that only one corner of it is. I Commissioner Dawkins. All right. What quarter is it; the first quarter, the second quarter, or the last quarter? Mayor Clark: You don't know until you get in there. Commissioner Dawkins: Wait a minute. Mr. Jeff Hepburn: From what I understand, it abuts 7th Avenue Northwest between 67th and 69th Street. ._—__._.___.Commissioner_.Dawkins: So we can... So that's the last quarter. _. Mr. Hepburn: Yeah, but... Commissioner Dawkins: Let's say that's the north quarter. Mr. Hepburn: Yes. Commissioner Dawkins: What's wrong with building on the three quarters south while you test the three quarters north? I'm talking to the Manager now, Mr. Castaneda or somebody. Mr. Hepburn: Well, I can answer that question. Commissioner, from what I understand about the site, there was another developer who planned to develop it at one point in time. Commissioner Dawkins: Mm-hmm. Mr. Hepburn: There was a problem with the pollution, as far as I know, as far as Dade County. Commissioner Dawkins: A part of what now? Mr. Hepburn: That site may need to be cleaned before we can do anything on the full site. Mayor Clark: Any part of it. Mr. Hepburn: The whole site may need... You know, before you can develop the whole site, that pollution part has to be addressed. Commissioner Dawkins: Mr. Hepburn, you are right. For three years, we've been dealing with this, and because of where it is, nobody has made an effort to see whether it's clean or contaminated. But the minute I say put townhouses, now, you guys go and find all these restrictions. OK? But yet, we give... A certain area six million dollars ($6,000,000) of new housing, another one got three million dollars ($3,000,000), but when I say put some new houses over here, you come up with all these restrictions. - - _ - - 147 September 14, 1995 - Mayor Clark: Well, let's move on now, Commissioner. Mr. Hepburn: Commissioner, we don't have a problem with that. We want to make sure... Commissioner Dawkins: Well, then, tell me that you're going... Mr. Hepburn: We want to make sure we don't make a mistake up front, and that's what we're concerned about. Mayor Clark: If it's polluted and you get started on it, man, you've got a problem forever. Commissioner Dawkins: Yeah, but if it's not polluted, I waited four more years for nothing, Mr. Mayor. Mayor Clark: He believes it is, part of it. Commissioner Dawkins: Part of it, but all... Mayor Clark: The whole site has to be cleared by the DERM (Department of Environmental Resource Management). ..._._-._....CammissionaxDe_Yurre: Mr. Mayor, if I may. I'm a little bit confused here. Vice Mayor Plummer: Ha. Join the crowd. Commissioner De Yurre: I met with this gentleman and Mr. Fair in the last few days. They came to me with a plan to build a residential single-family home neighborhood, which, when I saw it, it looked great from a physical aspect. Commissioner Dawkins: They are. They're beautiful. Commissioner De Yurre: I got into the issue of, how are we going to sell this, and what it's going to be based on, do we have feasibility studies, do we know what the market area is? I certainly do not want... I personally don't want to get stuck with another St. Hugh Oaks situation. For me, it's embarrassing. As a person that deals... I make my living doing transaction work as an attorney. It's embarrassing to see 20 some units'sitting there, built, and they have yet to close. And I do not want to see this happening here. My understanding is that there is a private group involved in this effort. I received assurances that they will use their expertise as far as making profit, and not falling back on the pitfalls that we do as government to make sure that this is a successful product, and that it's sold. When you look at it, you've got a brand new high school being built. You see land, eleven acres, approximately, right adjacent to it, practically, that if you look at it, you have to say to yourself, it has to be a win/win situation. People will want to move into this area so that their children can go to the high school right next door. However, what we may think may not be the case, and that's why we have reasons to do a study. I£.. This land is not owned by this group right now; is that correct? Mr. Gross: No, sir, not owned. Commissioner De Yurre: It's not owned. I find it difficult to believe that the people that own it right now are going to say, hey, start building on three -fourths of it, and let's leave this fourth, and we don't know, and we'll see what happens. Either you buy it or you don't, but that's certainly issue, and if the environmental problem is an issue, we have to deal with it up front, because then, you have to reconfigure whatever that's going to look like if you're going to make 148 September 14, 1995 some kind of arrangement as to buying part of the land and not the totality of it, and leaving the area that has some environmental issues aside. So needless to be said, we need to move. It's... From my view, and I think the view of this Commission as a whole, it's a good deal, it looks good, it looks like it's going to be very positive. However, let's take it step by step, and let's do it thinking like the private sector does. Let's take it a step at a time to make it happen. Mayor Clark: All right. One more shot at it, and then I want to get a motion. Go ahead. Commissioner Dawkins: OK. The St. Hugh property problems were not created by this Commission. The St. Hugh problems were not created by this Administration. The St. Hugh properties were built with a promise of our selling them for ninety thousand dollars ($90,000). Along came Hurricane Andrew, the cost of construction went up, and this Commission knew that in order to get the money out of it that we had invested in the land, the price of the units had to go up. We asked the City Attorney were we on solid ground? He said yes. We raised the price of the units. Individuals in the neighborhood who felt they had a right to sue the City for us to go back and make us sell them the units at ninety thousand dollars ($90,000). That, we could not do. Now, Mr. Jones, will you tell me what the courts said about the lawsuit? A. Quinn Jones, III, Esq. (City Attorney): Well, it went up to... What they had filed was injunctive relief, asking for declaratory judgment to overturn the decision of this Commission in terms of the price that you had set. Furthermore, I think there was a request in there that there be a certain amount of homes set aside for African -American residents in the Grove, whatever else. Commissioner Dawkins: And that was illegal. Go ahead. Mr. Jones: So essentially, what the court did is they threw it out. They threw the... They denied the writ, and we're seeking attorney's fees, for which we haven't had a ruling on yet. Commissioner Dawkins: And that's why they have not been sold. Now, Mr. Frank Castaneda, how many of the townhouse units built on Melrose have not been sold and are boarded up because they can't sell them? Mr. Castaneda: They have all been sold. Commissioner Dawkins: All right. So, you see, you can't tell me that townhouses will not sell in Miami. They can only not sell in a neighborhood where nobody wants to put them, and you find a reason not to put them there. Mayor Clark: All right. Commissioner Dawkins: OK. Now, my motion is that - and I think I hear a second out of Commissioner De Yurre - the Urban League and the private concern get together and they come up with a plan, they be given two million dollars ($2,000,000) now that you have, and the other two million be placed in a trust fund... Mayor Clark: Where's the Manager? Commissioner Dawkins: ... in which... out of all these monies here that's available, that it be placed in a trust fund which perhaps won't come on line until two years from today. So the two million dollars ($2,000,000) is there. You're giving them two million now, and the two million is in place when the land is... Now, if the land is contaminated, Mr. Gross... And where is the gentleman from the LHL? OK? Stand. If the land is contaminated, 1 would hope that you two would find apiece of property which you can take two million dollars ($2,000,000), and.build some homes, on in that area .that are complementary to. that area, and that's my motion. -149" -. _ September 14, 1995 Mayor Clark: Is there a second to that motion? Commissioner Gort: Mr. Mayor, I think that's what this document here says. Mr. Carlos Smith: If I could clarify it. What the document says is the fifty thousand dollars ($50,000) to do the study, as Frank was saying, plus a preliminary commitment of two point three million dollars ($2.3 million) contingent... Commissioner Gort: That's what you got here. I second that motion. Mr. Smith: ... contingent upon them getting some money from the County and the State. Commissioner Gort: That's what's here. I'll second that motion. Commissioner Dawkins: Thank you, sir. Mayor Clark: Any further discussion? Commissioner De Yurre: OK. Now, are we seconding what was on the agenda? Commissioner Gort: It's the same thing that he stated. Commissioner De Yurre: OK, fine. Mayor Clark: Call the roll. Vice Mayor Plummer: I don't think that's exactly what lie said, but... Commissioner Gort: Yes, it is. Mr. T. Willard Fair: No, that's not. No, no, no. Vice Mayor Plummer: Well, no. What I heard him say was two and two, two million up front, and two million to be in reserve. Commissioner Dawkins: That's right. Vice Mayor Plummer: And this speaks to more than two million on the first initial blush. Commissioner Gort: It says two. Vice Mayor Plummer: It's two million three hundred and seventy-five thousand, is what I see here. Commissioner Dawkins: Yeah, well, I'm going to have to... All we - I'm interested in is the two million... Well, give us two... Commissioner Gort: Over a two-year period from the City. Come on, read it. Commissioner De Yurre: Mr. Mayor, I'm interested in finding out what is underneath that ground, that's number one. Vice Mayor Plummer: Absolutely. 150 September 14, 1995 ,��h 00 �.0 Commissioner Dawkins: OK. Mayor Clark: You can't do... Commissioner De Yurre: Before we give one additional cent on the two million... Commissioner Dawkins: But Mr.... Commissioner De Yurre: If you want to reserve the two million and say, hey... Commissioner Dawkins: That's what I... Commissioner De Yurre: ... this is here for you... Commissioner Dawkins: That's what I said. I said if... Commissioner De Yurre: ... pending the result of the environmental study, that's it. Commissioner Dawkins: No, no, no. I said we would earmark the two million for the homes. Commissioner De Yurre: OK. Commissioner Dawkins: Now, in the event that it's nothing there... No, we're going to earmark four million dollars ($4,000,000) for the homes. That's what we said, OK? Now, and I don't know why they're standing over there... And if you guys come to my office, I'll show you where you got the money, OK? I have facts here where you got the money, HUD (Housing and Urban Development) money, where you all have trickled it around, and put it in Administration and every place else, where we can take it out. OK? But I said, and this is my motion, Mr. Commissioner, two million dollars ($2,000,000) be given to them now, and fifty million dollars ($50,000,000) be spent to... Commissioner De Yurre: Fifty thousand. Commissioner Dawkins: No, fifty thousand be spent to see if it's contaminated. Mayor Clark: First. Commissioner Dawkins: If it is contaminated - listen closely - Commissioner Gort: That's what you recommended. Commissioner Dawkins: - then this group will go and find some land on which to take the four million dollars ($4,000,000) and build some affordable housing. Now, that's what I said. Commissioner De Yurre: OK. Now, Mr. Mayor, if I may... Commissioner Dawkins: The two million... Go ahead. Commissioner De Yurre: You know, Miller, we have to understand one thing. First of all, we've got a nonprofit entity that's trying to do the right thing in our community. Commissioner Dawkins: Right. 151 September 14, 1995 ! fx A * Commissioner De Yurre: OK? Additionally, it is joining in in a joint venture or whatever, j partnership or whatever the relationship is with the private sector. Commissioner Dawkins: Right. Commissioner De Yurre: Now, I need to know what the private sector is putting into this deal, because four million dollars ($4,000,000) is going to cover a lot of the cost of building. So I need to know where it is that they're going to be coming in, what kind of profits they're going to be expected to take back, and all those things before I can say, hey, here's four million dollars ($4,000,000), go with it. Commissioner Dawkins: Commissioner... Commissioner De Yurre: Now, hold it, hold it. That's number one. Commissioner Dawkins: OK, go ahead. Commissioner De Yurre: Number two is, if for some reason this land is not available, we're giving them carte blanche to say, instead of developing 80 or 90 units, developing 40 units, which is going to cost way less than four million. So automatically, there's a profit injected into the deal. I mean, like, we're not there yet, as far as looking at committing these monies. _._...___ Commissioner Dawkins: We are there. We are there, where we're going. Now, let me ask you one question. Mayor Clark: I ain't gonna vote... Commissioner Dawkins: Do you know about the Olympic Building, Mr. Commissioner? Are you aware of the Olympic Building? Commissioner De Yurre: I've heard about it. Commissioner Dawkins: OK. In the Olympic Building... Vice Mayor Plummer: The roof collapsed. Commissioner Dawkins: ... we have taken six million dollars ($6,000,000) of housing money to rehab the Olympic Building... Vice Mayor Plummer: Oh, no, no, the Olympic Building downtown he's talking about. Commissioner Dawkins: ... at sixty-five thousand dollars ($65,000) per unit, with a one - bedroom efficiency, and the private developers put nothing in the deal. Now, why is it all of a sudden, I've got to have... You see, it doesn't equate up. Commissioner De Yurre: Who owns the Olympia Building? Vice Mayor Plummer: Off -Street Parking. Commissioner De Yurre: Huh? Commissioner Dawkins: It doesn't matter who owns it. Vice Mayor Plummer: Off -Street Parking. 152 September 14, 1995 Commissioner Dawkins: It doesn't matter who owns it. Commissioner De Yurre: We own it. Commissioner Dawkins: But you still gave six million dollars ($6,000,000) to a developer with no money. And when I say give four million for some houses over here, they got to come up with some money. Commissioner De Yurre: No. Miller, Miller, it's not a matter that... I just want to know what the deal is, because at this point, I don't know what the deal is. Commissioner Dawkins: OK, all right. Well, do the deal, and let them come back at the next Commission and... No. OK. The motion is four million dollars ($4,000,000) be made available, two million now, and at the next... And I said it at the beginning. This group gets together and come back with a rendering. As J.L. Plummer said, he wants green space. I want a garage. You want to be sure how this money is invested. When they come... Commissioner De Yurre: I want a jacuzzi. Commissioner Dawkins: A jacuzzi? No. No, we can't have that, no, not in that neighborhood. OK. Vice Mayor Plummer: I'm the only one sitting up here that specializes in underground housing, permanent. Commissioner Dawkins: OK. As the Mayor said, I move that the two groups be directed to take the two million dollars ($2,000,000) with a four million dollar ($4,000,000) reserve, and that they come up with that which... that everybody says will sell or won't sell in the neighborhood. But I'm not going to allow you not to earmark four million dollars ($4,000,000) for that neighborhood and spend it someplace else. Now, I want it earmarked now, and you come back at the next Commission meeting and tell me how you're going to spend it, and that's my motion. Mayor Clark: Willy. Vice Mayor Plummer: There's nothing wrong with that. Commissioner Gort: Well, let me tell you, I started understanding this item. Now, after a discussion for about 20 minutes I'm more confused than when I started. My understanding is the Administration's idea is to have this four million being spent there. That's my understanding and my interpretation for this. You have a commitment of two, and they're supposed to get two more. Commissioner Dawkins: Two now and two more later, yes, sir. Commissioner Gort: OK. Unidentified Speaker: Two point three seven five. Commissioner Gort: And I'd like to hear from staff, and I'd like to hear from the Urban League, also... Commissioner Dawkins: And I'd like to hear from the other group. 153 September 14, 1995 0111 . Commissioner Gort: ... if you don't mind, sir. Commissioner Dawkins: No. And hear from the other group. Mr. Smith: Let me say, number one, we support the project. Number two, what we propose here is that we give them a preliminary commitment of two point three million dollars ($2.3 million). And with that preliminary commitment from the City, let them go to the State and the County and get the other half, the other two point three, to make up the four point seven, which they were requesting four point seven five, I think. That was our proposal today. Mr. Castaneda: In addition to fifty thousand dollars ($50,000)... Mr. Smith: In addition to the fifty thousand to do the preliminary study, environmental study and feasibility study. Vice Mayor Plummer: What control does this Commission have over the final product? Assuming we give them money, they get the State money... Commissioner Dawkins: No, come on, come on. Commissioner Gort: Miller's problem, and I can understand what Miller's problem is. He would like to see - and I agree with him - four million dollars ($4,000,000) committed for housing within that area, which is much needed. Am I correct, Miller? -• Commissioner Dawkins: That's all, Mr. Commissioner. Commissioner Gort: That's all he's asking. In other words, it might not be this project, it could be another one, but he wants... What he wants for now is a commitment that four million dollars ($4,000,000) will be spent in that neighborhood. Commissioner Dawkins: Would you yield to me, sir? Commissioner Gort: Yes, sir. Commissioner Dawkins: OK. You know, why are you taking me through these changes? OK? Mayor Clark: You're doing a pretty good job of jumping the hoops. Commissioner Dawkins: Downtown Miami Coalition was given six hundred and sixty-seven thousand dollars ($667,000) to build 130 rental units. You all didn't say nothing about that. East Little Havana Community Development, one point two million dollars ($1.2 million) to build 60 units of new homes. You didn't say nothing about that. East Little Havana Community Development Corporation, six hundred thousand dollars ($600,000) to build 80 units of new construction. You all didn't say nothing about that. BAME (Bethel African Methodist Episcopal Church), Reverend White, a hundred and twenty-five thousand dollars ($125,000) to build 40 units of elderly housing. You didn't say nothing about that. The Coconut Grove LCD : well, y'all turned that down this morning - to give them preconstruction money for 65 townhouses. A home site, East Little Havana Community Development, one million for new homes. But you can't earmark four million dollars ($4,000,000) for over there. Why? Mr. Castaneda: Commissioner, we've been working... Commissioner Dawkins: And you got the money. 154 September 14, 1995 —1 Mr. Castaneda: ... with Urban League... Commissioner Dawkins: The money is here. Mr. Castaneda: ... for this project. We're supportive of the project. We just think that we should work on steps. First of all, we determine the amount, and we're telling you that you're giving a preliminary commitment, depending on what they can find... Commissioner Gort: Miller, Miller, my understanding is the four million dollars ($4,000,000) for that neighborhood is going to be leveraged maybe to bring twelve. Commissioner Dawkins: OK. But the one point... All this money wasn't leveraged for nothing. Commissioner Gort: They... Mayor Clark: Well, it's gone now. Let's go, let's go forward. Commissioner Gort: They're all leveraged. They were all leveraged, Miller. Commissioner Dawkins: No, no, no. Mr. Castaneda: That money was also leveraged, Commissioner. Commissioner Dawkins: All right. I'll tell you, give them the four million, and we'll take four million more and leverage twelve. I'll go for that. Vice Mayor Plummer: What? Mayor Clark: Jesus. Commissioner Dawkins: Give them this four million, and then out of the next year's funding, take... I'll ask, just take three million and see what we can leverage it into in that neighborhood. Commissioner De Yurre: OK. Mr. Mayor, how much money do we have all together for this coming year, from where this four million dollar theoretically... Mr. Castaneda: Commissioners, a lot of this money is dependent on what Congress is going to be doing. We believe that we can take out two point three million dollars ($2.3 million) for this activity. And we're saying that this money will come from the following two years. And maybe we can even come out with a lot more of that. I'm... We're just saying that at the preliminary state that we are in, we are saying that this Western State Project, or whatever you want to call it... Mr. Hepburn: Knight Manor. Mr. Castaneda: Knight Manor. It's a good project. It is next to the school. I think it is a very important project for the redevelopment of that area. We are very supportive of it. We'd like to do a study to find out if there are any environmental problems, any design issues that might be added, we'll know where it is, we'll have more stronger costs, and then we'll make another commitment. Commissioner De Yurre: OK. Now, are you saying that the money... Let me tell you, first of all, when you tell me a two-year project for 80 or 90 units, you're making a big mistake. If he can't sell 80 units in one year, you're in trouble. 155 September 14, 1995 _J Commissioner Dawkins: That's right. Thank you. Mr. Castaneda: Well... Commissioner De Yurre: You're in trouble. I mean, like it's a matter, you buy the land, you start selling, and you got... within six months, you're closing, because you've built them like that, in four to five months they have to be done, and by the end of the year, you have to have sold the 80 units. If not, then you're hurting with interest payments, and that's what derails these projects. Mr. Castaneda: No, no, Commissioner. Commissioner Dawkins: And, you know, and here you... Let me show you... Wait a minute. Let me tell you why you... Mayor Clark: Wait a minute. We're not getting anywhere. Now, I'm going to take a little control here now. Commissioner Dawkins: Go ahead. Right. Mayor Clark: We've argued this damn thing back and forth. Commissioner Dawkins: OK. I'll... Mayor Clark: I think what we should do is vote on the motion and get on with this thing. Commissioner Dawkins: OK, all right. Mr. Castaneda: Yeah. Commissioners, they don't have the design work yet, and what we want to do is get the project started... Commissioner Gort: I'd like to hear from the proponent. Mr. Castaneda: Yeah. Commissioner Dawkins: Well, let me say one thing, and I'll be finished, Mr. Mayor. Mr. Frank Castaneda, of the units that you have built and loaned money on, what's the amount of money that we have in hand now that's interest collected on loans we've made? What's the amount? Mr. Castaneda: We get about one point two million dollars ($1.2 million) a year from... Commissioner Dawkins: What do you have on hand now? Mr. Castaneda: I don't know. Mr. Hepburn: Probably, roughly, about two million dollars ($2,000,000) right now. Commissioner Dawkins: Two million. You see, I keep saying, Commissioners, there's money, and they keep telling me there is no money, and there's money here. So what... OK. I'm with the Mayor. Call the motion. Whatever happens happens. Vice Mayor Plummer: What is the motion? 156 September 14, 1995 I Commissioner Gort: No, wait, wait. I want to hear... Mayor Clark: It was a motion you made. Commissioner Gort: Mr. Mayor, Mr. Mayor, I'm sorry. I want to hear what the proponent that's been working with the... Commissioner Dawkins: Yes, sir. Go right ahead, let... Go ahead. Mayor Clark: Willy. Mr. Fair: Mr. Mayor and members of the Commission, my name is T. Willard Fair, and I'm the president and Chief Executive Officer of the Urban League of Greater Miami. Let me be very clear about what is our role in this whole process. We are an advocate for expanding the inventory of low and moderate income housing in Liberty City. We are the not -for -profit entity that has joined ranks with a for -profit partner. It is the kind of partnership that makes it possible for us to do housing at an affordable level so that persons can rent and/or purchase. We come to you in this particular deal, because if we're going to make the numbers work, it is important that we have your participation. We, therefore, are, at your behest, to decide whether or not you want to do the project. As to whether or not it's four million versus two million, that is not a question for us to debate. The question for us is, once you have decided whether or not it's four million or two million, whether or not we can make the numbers work, with the proviso that we get money from the County and from the State. We think that that is a fair position for us to be in at this point, because we do not know, based on what we don't know about the land, as to whether or not we can go forward and build anything at this point, so we're very much aware that the first step is to make sure that we determine whether or not the piece of land is developable. We shared this with each of you over the last few weeks. We have taken into consideration the comments that have been made by each of you, and prior to this meeting, had already said to our architect that we met with Commissioner Dawkins, and there is a great concern about the need j for us to have townhouses with garages in the final product, and he has so been instructed to see how we make that happen in the entire project. We met with Commissioner Plummer, and he shared with us his concern about the lack of green space, and how, in his judgment, it makes the project much more attractive if we can provide some additional green space. We, therefore, said I to our contractor and to our architect that we need to also include that in the final rendering. Mr. Mayor, the point I make is that we're doing the things that we are supposed to do in order to satisfy our for -profit partners, and in order to satisfy those of you who have to make the final decision as to whether or not, when you put your money into the pot, it is the kind of housing that you are going to be proud of. Mayor Clark: Mr. Fair, are you satisfied with this resolution? Commissioner Gort: My... My question is, Mr. Mayor... Mayor Clark: Wait a minute. Wait a minute. Are you satisfied with this resolution he's offered? Mr. Walter Foeman (City Clerk): Am I satisfied, Mr. Mayor? Mayor Clark: No. I'm talking about Mr. Fair. Mr. Foeman: Oh. Mayor Clark: Two million three hundred thousand dollars ($2,300,000) up front, the first fifty thousand... 157 September 14, 1995 Mr. Fair: I'm satisfied with his resolution, for as I understand it - and once again, I can get confused as I've listened to this back and forth - but as I understand what his intent is, is that somewhere in the deliberations of this Commission, there was an agreement or at least there was the appearance of an agreement that four million dollars ($4,000,000) should be allocated for new housing in this area. As I understand his position, he wants to make sure that that four million dollars ($4,000,000) is in place for this area. If it can be used at this site, with the proviso that we do not get the additional money that we're looking for from other sources, then the four million dollars ($4,000,000) could, therefore, be spent on this site. I do not understand his position to say that we would not go forward and try to find additional monies from the County and from the State. So as I understand the motion, and if my understanding is correct, I have no problems with it. Mayor Clark: All right. Vice Mayor Plummer: I have a question, Mr. Mayor. Mayor Clark: All right. Vice Mayor Plummer: Very simply. If, in fact, for whatever reason, this site is not the one that is to be chosen to be built upon, does that not bring it back to this Commission for approval of any other site? Mr. Fair: I would certainly hope so, sir, and I would not... Vice Mayor Plummer: Well, I'm just... Commissioner Gort: Everything has got to come back. Vice Mayor Plummer: I want to make sure of that. Mr. Fair: Yes, I would certainly hope so. We would want to do that, whether the motion spoke to that, not because whatever we do... Vice Mayor Plummer: Thank you. Mr. Fair: ... in the final analysis, you have to be held accountable for it. Vice Mayor Plummer: Thank you. Mayor Clark: Mr. Clerk, call the roll. Commissioner De Yurre: Well, what's the motion? Commissioner Gort: Wait a minute. No, no, what's... Mayor Clark: The motion is on the floor, Mr. Dawkins' motion. Commissioner Gort: I'm sorry, I... I don't understand the motion. Mayor Clark: You seconded the motion. Commissioner Gort: I did, I seconded the motion, but my seconding of the motion was of my own interpretations that we're talking about the same thing they were saying here. 158 September 14, 1995 Mayor Clark: Yeah. i Commissioner Gort: We're going to give them the commitment of four million dollars ($4,000,000) for affordable housing in that area, but we have a procedure that has been established of how we're going to utilize those four million dollars ($4,000,000). And I think they have worked with that procedure, and they're in agreement with that procedure. Commissioner Dawkins: Well, he just... Mr. Fair just said that he agreed with what we have here. The only thing... Mr. Fair, you need to hear me. Mr. Fair: Yes, sir. ! Commissioner Dawkins: The only thing Mr. Fair said was he did not want us to limit him and this developer to not being able to leverage the four million dollar ($4,000,000). Mayor Clark: The four million dollars ($4,000,000). That's right. , Commissioner Gort: All right. Commissioner Dawkins: That's all. Commissioner Gort: OK. Mayor Clark: Roll call. Commissioner De Yurre: Now, this money is going to be set aside till after the environmental study. Mayor Clark: It has to be, it has to be. Commissioner Dawkins: Yes, yes. Object code or whatever... Where is Mano? Mano? Mr. Manohar Surana: Yes, sir. Commissioner Dawkins: What do you put money in to spend it? Object code, account number, or what? Mr. Surana: For what purpose? Commissioner Dawkins: No, to spend money, period. I don't care how you spend it. Out of your... OK, we got a tub of money - not a tub - OK? And then you got a profit and loss sheet. All right. What account will this money be put in? I mean, what... Will you put this in an account? Mr. Surana: Which money, sir? I'm sorry. Commissioner Dawkins: Housing money. Mr. Surana: Housing money is a trust and agency account. It's accounted separately. Vice Mayor Plummer: Put it in J.L. Plummer's slush fund. Commissioner Dawkins: OK. All right. We'll get it straight. 159 September 14, 1995 Mr. Surana: We can set aside. Commissioner Dawkins: Thank you. Call the roll, Mr. Mayor. Mayor Clark: All right. Roll call. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-648 A RESOLUTION RELATING TO THE DEVELOPMENT OF A 90 UNIT AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT, TO BE KNOWN AS "KNIGHT MANOR HOMES PROJECT", PLANNED FOR DEVELOPMENT BY THE URBAN LEAGUE OF GREATER MIAMI, INC. ("CORPORATION"), ON AN ELEVEN (11) ACRE PARCEL LOCATED IN THE MODEL CITY NEIGHBORHOOD, AT NORTHWEST 67TH AND 69TH STREETS BETWEEN NORTHWEST 7TH AND 10TH AVENUES, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO ALLOCATE AND DISBURSE FINDING FROM THE CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM, IN AN AMOUNT NOT TO EXCEED $50,000, TO SAID CORPORATION TO DEFRAY THE COSTS ASSOCIATED WITH REDEVELOPMENT ACTIVITIES IN CONNECTION WITH SAID DEVELOPMENT; AUTHORIZING THE CITY MANGER TO ALLOCATE FUNDING AS A PRELIMINARY COMMITMENT FOR PROJECT CONSTRUCTION, IN AN AMOUNT NOT TO EXCEED $2,375,000 OVER A TWO YEAR PERIOD FROM THE CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM AND/OR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, SUBJECT TO SAID CORPORATION SECURING ADDITIONAL PROJECT FUNDING COMMITMENTS IN AN EQUAL AMOUNT FROM METROPOLITAN DADE COUNTY AND/OR THE STATE OF FLORIDA AND A SATISFACTORY RESOLUTION OF ANY ENVIRONMENTAL ISSUES ASSOCIATED WITH THE DEVELOPMENT SITE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE URBAN LEAGUE OF GREATER MIAMI, INC. TO IMPLEMENT SAID ALLOCATIONS FOR SAID PROJECT. (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. 160 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 44. AUTHORIZE MANAGER TO ACCEPT $352,834 GRANT FROM FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES -- FOR REHABILITATION OF THE HISTORIC TOWER THEATER IN LITTLE HAVANA -- AUTHORIZE MANAGER TO EXECUTE GRANT AGREEMENT. --------------- ------------------------------------------------------------------------------------------------ Vice Mayor Plummer: Move item 45. Commissioner Dawkins: Second, whatever it is. Mayor Clark: Grant Tower... Is there a second? Commissioner Dawkins: Twenty-five? Commissioner Gort: Second. Vice Mayor Plummer: Forty-five. Commissioner Dawkins; Forty-five. Commissioner Dawkins: Second. Mayor Clark: No exception? Cast a unanimous ballot, if there's no exception. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-649 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $352,834 FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, FOR THE REHABILITATION OF THE HISTORIC TOWER THEATER LOCATED IN "LITTLE HAVANA ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND SUBJECT TO THE CITY ATTORNEY'S APPROVAL, FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. 161 September 14, 1995 --------------------------------------------------- ------------------------------------------------------------ 45. AUTHORIZE PAYMENT FOR ADDITIONAL ARCHITECTURAL / ENGINEERING SERVICES / REIMBURSABLE EXPENSES IN ACCORDANCE WITH PROVISIONS STIPULATED IN PROFESSIONAL SERVICES AGREEMENT WITH BERMELLO, AJAMIL AND PARTNERS -- FOR TOWER THEATER REHABILITATION PROJECT -- ALLOCATE $15,000 FROM CIP 321038 (LATIN QUARTER SPECIALTY CENTER): $7,680 FOR ADDITIONAL SERVICES, $7,320 FOR REIMBURSABLE EXPENSES. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: I move item 46. Commissioner Gort: Second. Mr. Manuel Gonzalez-Goenaga: Yes. May I make a comment? Mayor Clark: Yes, sir. First today. Mr. Gonzalez-Goenaga: In the afternoon. I had cesar salad for lunch. Incidentally... Vice Mayor Plummer: What? Mayor Clark: Please don't burp. Mr. Gonzalez-Goenaga: Whatever comes free from the State, I don't have any problem. My concern is the way it's spent. So if I am elected or if I am not elected, I will propose that we have here, subject to the Commissioners, an Inspector Clouseau to review, responsible directly to the Commissioners, to make this government accountable to the people. Mayor Clark: Thank you, sir. Commissioner Gort: Very good. Mr. Gonzalez-Goenaga: Independently of the Administration. Mayor Clark: Thank you very much. Mr. Jack Luft: Mr. Mayor... Mayor Clark: Item 46, a motion by Mr.... Vice Mayor Plummer: I move it. Mr. Luft: Mr. Mayor. Mayor Clark: Second? Mr. Luft: I would respectfully ask if we could increase that by twelve thousand seven hundred and thirty-five dollars ($12,735). 162 September 14, 1995 Vice Mayor Plummer: No, you can't do that. Mr. Luft: Because we have additional services. Vice Mayor Plummer: Bring in another resolution. Mr. Luft: OK. I'll bring it back. Thank you. Vice Mayor Plummer: You can drop it down, you cannot take it up. Mr. Luft: I'll bring it back. Thank you. Mayor Clark: Motion and a second. Cast a unanimous ballot of the preparation. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-650 A RESOLUTION AUTHORIZING PAYMENT FOR ADDITIONAL ARCHITECTURAL AND ENGINEERING SERVICES AND REIMBURSABLE EXPENSES IN ACCORDANCE WITH PROVISIONS STIPULATED IN THE PROFESSIONAL SERVICES AGREEMENT DATED MAY 6, 1993 WITH BERMELLO, ...AJAMIL AND PARTNERS FOR THE TOWER THEATER REHABILITATION PROJECT; SAID PAYMENT TO BE AS FOLLOWS: $7,680 FOR THE ADDITIONAL SERVICES AND NOT MORE THAN $7,320 FOR REIMBURSABLE EXPENSES FOR A COMBINED TOTAL OF $15,000; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 321038, ENTITLED "LATIN QUARTER SPECIALTY CENTER." (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. 163 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 46. SCHEDULE PUBLIC HEARING (SEPTEMBER 28, 1995, 4:30 P.M.) TO TAKE TESTIMONY REGARDING FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: I move 47. Mayor Clark: Forty-seven, by Mr. Plummer. Commissioner Gort: Second. Mayor Clark: You just passed 46. Vice Mayor Plummer: We did 46. Commissioner Gort: We did 46. Vice Mayor Plummer: I move 47. Commissioner Gort: Second. Mayor Clark: Is there a second on 47? Mr. Walter Foeman (City Clerk): Yes. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-651 A RESOLUTION SCHEDULING A PUBLIC HEARING FOR SEPTEMBER 28, 1995, AT 4:30 P.M., TO TAKE TESTIMONY REGARDING THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION, WHICH EXTENSION FOR A ONE YEAR PERIOD WAS INITIATED BY RESOLUTION NO. 95-102, ADOPTED FEBRUARY 9, 1995; PROVIDING THAT AT SUCH TIME ALL PROPERTY OWNERS OR ANY OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY, ADVISABILITY AND COST OF MAKING SUCH IMPROVEMENTS AGAINST EACH PROPERTY SO IMPROVED. 164 September 14, 1995 (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 Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre ---------------------------------------------------------------------------------------------------------------- 47. ISSUE $20,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI TAX ANTICIPATION NOTES, SERIES 1995 -- TO MEET CITY'S CASH FLOW REQUIREMENTS FOR FY'ENDING SEPTEMBER 30, 1996. Mayor Clark: Forty-eight. Vice Mayor Plummer: Move it. Hold on. Commissioner Gort: TAN. This is TAN (tax anticipation notes). Vice Mayor Plummer: Somebody wants to speak on... This is 48. Commissioner Gort: Forty-eight, yeah. Mayor Clark: Oh, here's our budget expert. Yes, sir. Mr. Jim McMaster: I'm trying. Every year, the City of Miami... Vice Mayor Plummer: Your name and address for the record. Mr. McMaster: Jim McMaster, 2940 Southwest 30th Court. Vice Mayor Plummer: You know the procedure. Mr. McMaster: I am not here speaking for any civic group, club, chamber of commerce, technical group. Vice Mayor Plummer: Did a majority of your family recommend that you be here? Mr. McMaster: Yes, sir, yes, sir. Vice Mayor Plummer: That's fine. Mayor Clark: You know, in the future, you've got to have proof of substance here, but go ahead. 165 September 14, 1995 L Mr. McMaster: Proof of? Mayor Clark: Representing any group. Mr. McMaster: Oh, I... I don't. I very rarely come up and say I represent any group. Mayor Clark: Proceed. Mr. McMaster: So on these tax anticipated notes, I think, to put it in a nutshell, the City of Miami doesn't have enough money at the beginning of every year to pay its employees or pay the money for the products they need. And I find it very unusual for a City of this size, that in 1989, you floated fourteen million nine hundred and sixty thousand dollars ($14,960,000); in '90, you floated fifteen million ($15,000,000); in '91, you floated twenty-five million ($25,000,000); in '92, you floated thirty million ($30,000,000); in '93, you floated thirty million ($30,000,000); in '94, you floated twenty-five million ($25,000,000), and today, you're floating twenty million ($20,000,000), for a grand total of a hundred and fourteen million nine hundred and sixty thousand dollars ($114,960,000) in the last seven years. Mayor Clark: These are paid back during the year. Vice Mayor Plummer: They're paid back every year. Mr. McMaster: They are paid back every year by September. You borrow them at the beginning of the year, you pay them back over the year. And my question is... Mayor Clark: Standard practice. Mr. Cesar Odio (City Manager): And we make a profit. Mr. McMaster: Yes, sir. And my question is, in a City of this size, don't we have a reserve fund? How many cities in this County or State resort to this sort of financing? Mayor Clark: Well, several of them. Vice Mayor Plummer: We have a six million dollar... Mayor Clark: Almost all the cities in the United States. Mr. McMaster: Yeah, well, I think... Commissioner Gort: For your information, why don't you read the Bond Buyers and the report from Moody's, Standard and Poore's, the people that do the rating on these type of transactions, and if you look at it, the improvements that have been made over the last two years are very favorable, and some of the bonds are going to be upgraded. Vice Mayor Plummer: Yeah, but wait a minute. One of the other factors that you've got to know, and that is that we force the Administration at all times to keep a six million dollar ($6,000,000) reserve. OK? And they cannot touch that six million dollar reserve without four - fifths of the vote of this City Commission. Now, in the same way that... Well, every year... In the same way, every year that we have to give the Downtown Development Authority a loan in advance that they pay us back on - the only difference is we charge them interest - it's the same thing here. There's that time element in between. 166 September 1.4, 19.95 Mr. McMaster: But my question is, you know, does your average citizen or resident have to go out and borrow money against next year's paycheck? I just think... Well, you know, the bottom line is, we don't have the money to pay our bills without borrowing every year. And we have... Mayor Clark: Our paycheck in the City doesn't come in all at one shot. Mr. McMaster: You know, we have for the last seven years. Mayor Clark: All right, thank you, sir. Mr. McMaster: I'd also like to ask... Mr. Odio: I... Mr. McMaster, please, sir. I want you to know, we just came back from New York about three weeks ago, and we are doing very, very well. OK? We are one of the precious few cities that is rated "A," in spite of the doom sayers that keep saying - and I listen to the radio every day - that the City of Miami is broke, we are not. We are financially very stable, and the financial reports from New York will show that. And on top of that, they keep saying that the City of Miami is the fourth poorest City in the country. That is not so, either. What they should say is that Miami has a lot of poor people living in the City of Miami. And the City of Miami right now is very rich. Our pension monies alone are close to a billion dollars ($1,000,000,000), and we have six hundred million dollars ($600,000,000) in property. So we are not that poor. -........ Mr. McMaster: No, I do understand that. But they. were floating Orange County until it went belly up. But I think the bottom line... Mr. Odio: That's not what Orange County did. Don't compare that, because you are not... Mr. McMaster: The revenues. You're right, sir. I admit, you're right. OK. Mayor Clark: All right. Make your point, because we've got to move on. Mr. McMaster: OK. I think the point is that I looked at the last two agendas, and putting the tax anticipated notes aside, in the last two agendas, this City is floating a hundred and thirty-two million dollars ($132,000,000) worth of bonds. Now, I understand you have the Gates case and you have pension cost, and I'm not going to argue with that. I understand you're buying a new City Administration building. It's about time. You know, we've been losing a lot of money for a long time. But there's also twenty-two million dollars ($22,000,000) for other Administration buildings. You know, it's... This just... Commissioner Gort: Those are revenue bonds. My suggestion to you is, when you look at your tax bill, you know, there's a segment of the tax bill that is for general obligation bonds that increases or decreases. Mr. McMaster: But I'm speaking of... Commissioner Gort: Has that increased? Now, you're talking about taxpayers and what is concerned about taxpayers. Mr. McMaster: Right. Well, you're talking about the ones that are voted on. I'm talking about the one that aren't voted on, that are done in-house. Commissioner Gort: That... Mayor Clark: All right, all right, let's continue this. 167_ September 1.4, 19.95 __J Commissioner Gort: The ones that are not voted on, they're paid by the revenue that's produced by the machine that does it. Those are called revenue bonds. Mr. McMaster: Right. And last but not least, I would like to remind the City Manager, the Motion 94-652 invited me... Well, I'll read it to you. "A motion authorizing the City Manager to invite Jim McMaster to join designated City staff at City's expense on his next trip to New York for purposes of assessing the City's bond rating." This was September 8, 1994. So the next time you go, I would like to go. Thank you. Mayor Clark: Thank you. Mr. Odio: You know what? You know something, seriously? It would do you a lot of good to listen to the financial experts and not the demagogues in this town for a change, so that you would believe that the City of Miami is financially very solid. Mr. McMaster: I'll respond at budget time. Thank you very much. Mr. Manuel Gonzalez-Goenaga: Well, I am going to address this particular issue. I have my consultants and experts also. Mr. Gonzalez-Goenaga: One is Walter Mercado. And I, just by chance, even though I have requested it more than a week ago, I see that the twenty million dollars ($20,000,000) is bridge cash flow gap at the beginning of fiscal '95/96, and to prepay pension contributions. To start with, let me tell you something. Every time you borrow money, there is no way, my friend, that you can earn a profit, because you have to pay interest. When you... This is a disturbed interest, because if you are paying six percent, and then you borrow at four to pay that note, you are not earning two percent. Mayor Clark: Hey, Boom -Boom, talk to us, will you? Mr. Gonzalez-Goenaga: No, no, these... I'm talking... Mayor Clark: If you want to talk to these people, take them outside and talk to them. Mr. Gonzalez-Goenaga: Well, I'm addressing the sophisticated Commissioners with all... There's not even a quorum here right now. Mayor Clark: Yeah, we got a quorum. Yes, we do. Mr. Gonzalez-Goenaga: Let me tell you something, my dear Commissioners. God forbid that I sit in one of those chairs, because let me tell you... Mayor Clark: Oh, boy, you're not kidding. Mr. Gonzalez-Goenaga: Let me tell you, I am going to work for the citizens. It's the City, of course, who are rich here. You know who are broke? The citizens. Mayor Clark: Thank you. Thank you. Mr. Gonzalez-Goenaga: The employees are earning marvelous salaries and marvelous pensions, better than the State and the... 168 September 14,1995 Mayor Clark: "Hasty luego." Mr. Gonzalez-Goenaga: ... sometimes the President of the United States, that Mr. Cesar called him a traitor. Mayor Clark: Thank you, Boom -Boom. Item 48, it's a motion and a second. Call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-652 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $20,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF MIAMI, FLORIDA, TAX ANTICIPATION NOTES, SERIES 1995 FOR THE PURPOSE OF MEETING CERTAIN OF THE CITY'S CASH FLOW REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1996; FIXING CERTAIN DETAILS OF SAID NOTES INCLUDING APPROVING THE FORM THEREOF; PROVIDING FOR THE RIGHTS AND SECURITY OF ALL NOTEHOLDERS PURSUANT TO THIS RESOLUTION; PROVIDING FOR THE APPOINTMENT OF A PAYING AGENT AND CUSTODIAN FOR THE NOTES; AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER TO TAKE ANY ACTION NECESSARY TO QUALIFY THE NOTES FOR DEPOSIT WITH THE DEPOSITORY TRUST COMPANY; DIRECTING AND AUTHORIZING SALE OF THE NOTES BY PUBLIC BID AND DIRECTING PUBLICATION OF A SUMMARY NOTICE OF SALE OF SAID NOTES; APPROVING THE PROCEDURE FOR AWARDING SAID NOTES; AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER TO ESTABLISH THE DATE AND TIME OF SUCH SALE; AUTHORIZING THE DISTRIBUTION TO PROSPECTIVE PURCHASERS OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER TO APPROVE THE FORM THEREOF AND OF THE FINAL OFFICIAL STATEMENT; AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER ON BEHALF OF THE CITY TO DETERMINE THE FINAL DETAILS OF THE NOTES WITHIN THE PARAMETERS ESTABLISHED BY THIS RESOLUTION; AUTHORIZING REQUISITE ACTIONS AND THE EXECUTION OF DOCUMENTS BY THE MAYOR OR VICE MAYOR, CITY MANAGER OR ASSISTANT CITY MANAGER, AND THE CITY ATTORNEY; AUTHORIZING THE OFFICERS OF THE CITY TO TAKE ALL OTHER ACTIONS NECESSARY IN CONNECTION WITH THE ISSUANCE OF THE NOTES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SAID NOTES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 169 September 14, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Mayor Clark: Forty-nine. Vice Mayor Plummer: Forty-nine and 50 have been deferred. Fifty-one is Off -Street Parking, to start, construct and operate on 22nd Avenue and Southwest 27th Street. ---------------------------------------------------------------------------------------------------------------- 48. AUTHORIZE DEPARTMENT OF OFF-STREET PARKING TO CONSTRUCT / OPERATE 47 ON -STREET PARKING SPACES ON AVAILABLE PUBLIC _._.__..._...... RIGHT-OF-WAY ON SOUTH SIDE OF SW. 27 STREET WEST OF SW 22 AVENUE -- TO SERVE PARKING NEEDS OF AREA BUSINESSES / VISITORS -- AUTHORIZE MANAGER TO ENTER INTO PARKING AGREEMENT WITH DEPARTMENT OF OFF-STREET PARKING AND FINANCIAL DATA PLANNING CORPORATION FOR USE OF 40 ON - STREET PARKING SPACES IN SAID AREA. Commissioner Gort: Move it. Vice Mayor Plummer: Move it for sure. I second it. Mayor Clark: Cast a unanimous ballot if there's no exception. 170 September 14, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-653 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING TO CONSTRUCT AND OPERATE FORTY-SEVEN (47) ON -STREET PARKING SPACES ON AVAILABLE PUBLIC RIGHT-OF-WAY ON THE SOUTH SIDE OF S.W. 27 STREET WEST OF S.W. 22 AVENUE TO SERVE THE PARKING NEEDS OF AREA BUSINESSES AND VISITORS; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A PARKING AGREEMENT BETWEEN THE CITY OF MIAMI, THE DEPARTMENT OF OFF- STREET PARKING AND FINANCIAL DATA PLANNING CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF FORTY (40) ON - STREET PARKING SPACES IN SAID PARKING AREA, MORE PARTICULARLY DESCRIBED IN EXHIBIT A OF THE ATTACHED 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. --------------------------------------------------------------------------------------------------------------- 49. ACCEPT DONATION FROM NIKE, INC. -- TO RESURFACE 5 TENNIS COURTS AND INSTALL NEW WIND -SCREENS AT MOORE PARK (VALUE: $150,000). Vice Mayor Plummer: Fifty-two is to take a donation from Nike. I... Commissioner Gort: Move it. Vice Mayor Plummer: ... move it - second. Mayor Clark: Cast a unanimous ballot: 171 September 14, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-654 A RESOLUTION, ACCEPTING A DONATION, FROM NIKE, INC. TO RESURFACE FIVE TENNIS COURTS AND INSTALL NEW WIND -SCREENS AT MOORE PARK, VALUED AT $150,000.00, FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION. (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. ---------------------------------------------------------------------------------------------------------------- 50. ACCEPT BIDS: (1) J.R. ALVAREZ ($48,756); (2) J.W. MAINTENANCE ($10,800); (3) RIPLEY'S LAWNCARE ($25,140); AND (4) CANO LANDSCAPING ($5,400) -- FOR FURNISHING GROUNDS MAINTENANCE SERVICES FOR CITY'S 55 PARKS (FOR ONE YEAR WITH OPTION TO EXTEND CONTRACT FOR ONE YEAR AT SAME PRICE / TERMS / CONDITIONS, SUBJECT TO AVAILABILITY OF FUNDS) -- ALLOCATE $90,096. Vice Mayor Plummer: Accepting the bids of Alvarez for forty-eight million ; other bids, Ripley Lawncare, Cano Landscaping in the amount of fifty-four hundred for City's 55 Parks. I second it. Mayor Clark: Cast a unanimous ballot. Mr. Walter Foeman (City Clerk): Excuse me, Mr. Mayor. We need a seconder. Commissioner Gort: I second it. Vice Mayor Plummer: He seconded it. Mr. Foeman: OK. All right. 172 September 14, 1995 .I The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-655 A RESOLUTION ACCEPTING THE BIDS OF J.R. ALVAREZ IN THE AMOUNT OF $48,756.00, J.W. MAINTENANCE IN THE AMOUNT OF $10,800.00, RIPLEY'S LAWNCARE IN THE AMOUNT OF $25,140.00, AND CANO LANDSCAPING SERVICE IN THE AMOUNT OF $5,400.00 FOR THE FURNISHING OF GROUNDS MAINTENANCE SERVICES FOR THE CITY'S FIFTY-FIVE PARKS FOR A ONE (1) YEAR PERIOD WITH THE OPTION TO EXTEND SAID CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD, FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL ANNUAL COST OF $90,096.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 580302-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. ---------------------------------------------------------------------------------------------------------------- 51. ACCEPT BID: MURRAY FENCE COMPANY -- FOR FURNISHING / INSTALLATION OF CHAIN LINK FENCING AT THE AUTO POUND FOR POLICE DEPARTMENT -- ALLOCATE $90,925.05 FROM CIP 312012. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Fifty-three is a chain link fence to lock up all the policemen behind the fence for ninety thousand. That's cheap at any price. Commissioner Dawkins: Move it. Vice Mayor Plummer: Second. Mayor Clark: Cast a unanimous ballot, Mr. Clerk. 173 September 14, 1995 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-656 A RESOLUTION ACCEPTING THE BID OF MURRAY FENCE COMPANY FOR THE FURNISHING AND INSTALLATION OF CHAINLINK FENCING AT THE AUTO POUND FOR THE DEPARTMENT OF POLICE, AT A PROPOSED COST OF $90,925.05; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 312012, INDEX CODE NO. 299301-830; 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 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. ---------------------------------------------------------------------------------------------------------------- 52. ACCEPT BID: VENECON, INC. ($200,000, TOTAL BID) -- FOR GIBSON PARK RECREATIONAL BUILDING RENOVATION, B-6228 -- ALLOCATE $120,000 FROM CIP 331384, $56,000 FROM CIP 331341, AND $64,660 FROM NEIGHBORHOOD PARK RENOVATION PROGRAM, TO COVER $200,000 CONTRACT COST AND $40,660 ESTIMATED EXPENSES, TOTALING $240,660 -- AUTHORIZE MANAGER TO EXECUTE CONTRACT. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Gibson Park... Commissioner Dawkins: Move it. Vice Mayor Plummer: ... for two hundred thousand. Second. Commissioner Dawkins: Is that going to put a roof on that building eventually? Vice Mayor Plummer: I sure hope so. Mayor Clark: Eventually. Mr. Cesar Odio (City Manager): It's both exterior and interior work. It includes general painting, repair of entrances, with new security gates, additional lighting, and interior scope of 174 September 14, 1995 work shall also include general painting of the... and ADA (Americans with Disabilities) complying, a new ceiling, and general repairwork. Commissioner Dawkins: New ceiling? Vice Mayor Plummer: Fifty-five and fifty... Mr. Odio: New ceiling, yeah. Commissioner Dawkins: Yeah, but the roof is leaking, man. Mr. Odio: We repaired the roof already. The roof is leaking? Unidentified Speaker: No. Mr. Odio- No. Vice Mayor Plummer: Fifty-five and 56 have been deferred by action of the Commission. Mayor Clark: Fifty-four, cast a unanimous ballot, Mr. Clerk. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO.95-657 A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE PROPOSED AMOUNT OF $200,000, TOTAL BID OF THE PROPOSAL, FOR "GIBSON PARK RECREATIONAL BUILDING RENOVATION, B-6228; ALLOCATING FUNDS THEREFOR FROM CAPITAL PROJECT NO. 331384, IN THE AMOUNT OF $120,000; CAPITAL PROJECT NO. 331341, IN THE AMOUNT OF $56,000, AS APPROPRIATED BY THE 1994-95 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, AND FROM THE NEIGHBORHOOD PARK RENOVATION PROGRAM, ACCOUNT CODE NO. 589301-860, IN THE AMOUNT OF $64,660 TO COVER THE CONTRACT COST OF $200,000 AND $40,600 TO COVER ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $240,660; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. 175 September 14, 1995 NOTE FOR THE RECORD: At this point, agenda items 55 and 56 were deterred. ---------------------------------------------------------------------------------- 53. TRANSFER PORTIONS OF RIGHT-OF-WAY OF NE 37 STREET TO JURISDICTION OF STATE HIGHWAY SYSTEM (IN CONFORMANCE WITH SECTION 337.29, F.S.) -- AUTHORIZE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD RIGHT-OF-WAY MAP OF SUBJECT ROAD IN DADE COUNTY PUBLIC RECORDS. Vice Mayor Plummer: Fifty-seven, transferring portion of the right... Commissioner Dawkins: Move it. Mr. Cesar Odio (City Manager): Excuse me, excuse me. Fifty-six was not deferred. That's the Shorecrest study. Vice Mayor Plummer: The Shorecrest people wanted it deferred. Mr. Odio: They didn't say that. Vice Mayor Plummer: Cesar, they wanted it deferred. This was a study, correct? Mr. Odio- Now... Vice Mayor Plummer: And they said, let's go to court and fight, let's don't get the study. Mr. Odio: OK. Mayor Clark: Fifty-seven. Vice Mayor Plummer: I said to them on the record up there - you heard it - that I think they're personally making a mistake, that they should, in fact, try and find a compromise. But they said no, they didn't want to do the study. They got 180 days to win or lose their case. Mayor Clark: Fifty-seven, is there a motion? Vice Mayor Plummer: Move it. Commissioner Dawkins: Second. Mayor Clark: Fifty -seven -A... Vice Mayor Plummer: Call the roll. Mayor Clark: Cast a unanimous ballot. 176 September 14, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-658 A RESOLUTION, WITH ATTACHMENT(S), TRANSFERRING PORTIONS OF THE RIGHT-OF-WAY OF NORTHEAST 37TH STREET WITHIN THE CITY OF MIAMI, FLORIDA, TO THE JURISDICTION OF THE STATE HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29, FLORIDA STATUTES; FURTHER AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT ROAD 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 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. ---------------------------------------------------------------------------------------------------------------- 54. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MARK ISRAEL -- TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. -- ALLOCATE $48,000 PLUS $4,000 FOR REIMBURSABLE EXPENSES FROM LEGISLATIVE LIAISON GENERAL FUND. ------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Fifty -seven -A, move it. Commissioner Dawkins: Second. Mayor Clark: Cast a unanimous ballot. 177 September 14, 1995 A The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-659 A RESOLUTION, WITH ATTACHMENT(S)„ AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MARK ISRAEL, TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C.; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $48,000.00 FOR SAID SERVICES, AND AN AMOUNT NOT TO EXCEED $4,000.00 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON FUND ACCOUNT. (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. ---------------------------------------------------------------------------------------------------------------- 55. WAIVE SEALED BIDS -- APPROVE PURCHASE / INSTALLATION OF 47 PALM AND SHADE TREES -- FROM BANNERMAN LANDSCAPING, INC. -- ALLOCATE $11,065. Vice Mayor Plummer: A resolution authorizing the waiving of sealed bids in the purchase of 47 palm and shade trees for a total of $11,065 from Bannerman Landscaping, Inc. Mayor Clark: Do you move it? Vice Mayor Plummer: I second it. Commissioner Dawkins: Move it. 178 September 14, 1995 _1 Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-660 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS, AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS FOR THE PURCHASE AND INSTALLATION OF FORTY-SEVEN (47) PALM AND SHADE TREES FROM BANNERMAN LANDSCAPING, INC., AT A PROPOSED COST OF $11,065; ALLOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS, ACCOUNT CODE NO. 310101-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FRO SAID ACQUISITION. (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. -- ------------------------------------------------------------------------------------------------------------- 56. BRIEF COMMENTS CONCERNING OVERTOWN SHOPPING CENTER IMPROVEMENTS. (See label 59) Vice Mayor Plummer: The purchase and installation... Wait a minute. What the hell is this? That's the same thing. Is there just one? Oh, there's just one, that's it. Commissioner Dawkins: OK. Mr.... Where is Ms.... Mayor Clark: Well, if they got pockets... 179 September 14, 1995 Commissioner Dawkins: I have one pocket item, sir. Mayor Clark: Go ahead, sir. Commissioner Dawkins: Where is Ms. Albury? Mayor Clark: Go ahead, read it. Commissioner Dawkins: OK. Mr. Manager, Ms. Albury gave me a pocket item here for amendment to the Capital Improvement for the Overtown Shopping Center. Mayor Clark: Hey, don't leave. J.L. Commissioner Dawkins: And she wants... You need seventy-nine thousand eight hundred and ninety-three dollars ($79,893). I so move. Vice Mayor Plummer: Second. Mayor Clark: Cast a unanimous ballot. -------------- ------------------------------------------------------------------------------------------------ 57. EMERGENCY ORDINANCE: AMEND 11205 (CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE), THEREBY INCREASING APPROPRIATIONS ($79,893) FOR PROJECT 322059: OVERTOWN SHOPPING CENTER RENOVATIONS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: I got a pocket item here about... attached. You know about this, Mr. Manager. Commissioner Dawkins: I move it. Mayor Clark: Mr. Manager, this is on the United Nations Association. Mr. Cesar Odio (City Manager): Excuse me, Mr. Mayor. That item on the Overtown Shopping Center... Commissioner Dawkins: Yes. Mr. Odio: ... has to be an ordinance. Mr. Frank Castaneda: There has to be an ordinance because it's a receipt of money from Republic Bank. Mr. Odio: We're receiving... We are receiving forty-five thousand from Republic Bank, and we need to add to it so we can finish the job. Mayor Clark: Who else is going to be here? Christ, it's like a stranger in paradise. Did you get this item on United Nations? Mr. Odio: Yes, sir. 180 September 14, 1995 1 Mayor Clark: You know about that. I move it. Is there a second? Commissioner Dawkins: Second, I second it. Mayor Clark: All in favor... Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 11205, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING APPROPRIATIONS TO CAPITAL IMPROVEMENT PROJECT NO. 322059, ENTITLED: "OVERTOWN SHOPPING CENTER RENOVATIONS", IN THE AMOUNT OF $79,893.00; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Mayor Clark and seconded by Commissioner Dawkins, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Whereupon the Commission on motion of Mayor Clark and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: ABSENT: None. Commissioner Victor De Yurre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11301. 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 September 14, 1995 Mr. Manuel Gonzalez-Goenaga: May I say something? This is an emergency hearing on a pocket item. This is back form of government. Commissioner Dawkins: Yes, it is. Mayor Clark: Next case. When you're elected, you can run it your way. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, there's also... -- ------------------------------------------------------------------------------------------------------------- 58. ALLOCATE $15,000 (AS SEED CAPITAL FOR A CIVIC LUNCHEON IN CONNECTION WITH THE 50TH ANNIVERSARY OF THE UNITED NATIONS -- GRANT REQUEST FOR USE FEE WAIVER (GUSMAN CENTER). Mayor Clark: City Manager, now listen. On this United Nations pocket, give this... A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Mayor Clark: You know about it? Mr. Cesar Odio (City Manager): United Nations, yes. Vice Mayor Plummer: That's a hell of a way to do business. y Mayor Clark: Cast a unanimous ballot. 182 September 14, 1995 The following resolution was introduced by Mayor Clark, who moved its adoption: RESOLUTION NO. 95-661 A RESOLUTION RELATED TO THE EVENTS TO BE HELD IN THE CITY OF MIAMI, FLORIDA, IN OCTOBER 1995, IN CELEBRATION OF THE 50TH ANNIVERSARY OF THE UNITED NATIONS ("UN50") TO BE CONDUCTED BY THE UNITED NATIONS ASSOCIATION OF THE UNITED STATES OF AMERICA, GREATER MIAMI CHAPTER, AUTHORIZING THE FOLLOWING: (1) ALLOCATION OF AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921002-690, AS SEED CAPITAL FOR A CIVIC LUNCHEON TO BE HELD AT THE CROWN PLAZA HOTEL ON OCTOBER 24, 1995; (2) USE OF THE CITY LOGO ON PROMOTIONAL MATERIALS AND INVITATIONS FOR SAID LUNCHEON; (3) WAIVER OF ALL WAIVABLE FEES FOR USE OF THE GUSMAN CENTER FOR A UN50 CEREMONY ON OCTOBER 24, 1995, SAID WAIVER BEING CONDITIONED UPON THE ORGANIZERS: (A) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE 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; AND (4) ISSUANCE OF A CITY PROCLAMATION IN RECOGNITION OF THE UN50; FURTHER, DIRECTING THE CITY MANAGER TO PROVIDE SECURITY, AS NEEDED, FOR THE OFFICIALS ATTENDING SAID EVENTS. (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. 183 September 14, 1995 -1 ---------------------------------------------------------------------------------------------------------------- 59. AMEND 95-235 -- INCREASE CONTRACT AMOUNT FROM $213,320 TO $252,031 -- ALLOCATE FUNDS FROM CDBG PROGRAM -- EXTEND AGREEMENT WITH VENECON, INC., GENERAL CONTRACTORS, TO COMPLETE OVERTOWN NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICE IN OVERTOWN SHOPPING CENTER (1490 NW 3 AVENUE), TO BE SHARED WITH REPUBLIC NATIONAL BANK. (See label 56) A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Mayor Clark: Yes, sir. Give that to the Clerk, will you? Mr. Jones: Mr. Mayor, in conjunction with the ordinance that you just read for the Overtown Shopping Center, there apparently is a corresponding resolution that needs to be passed. A resolution authorizing the City Manager in a form acceptable to the City Attorney to amend Resolution Number 95-235 for the purpose of increasing the contract amount from $213,320 and $252,031, said funds appropriated and allocated from the Community Development Block Grant Program which would cover interior construction costs and all associated public work fees; further extending the_. agreement with Venecon, general contractors, for the purpose of completing the Overtown Neighborhood Enhancement Team Office, where space will be shared with Republic National Bank, in Overtown Shopping Center, located at 1490 Northwest 3rd Avenue, Miami, Florida. Commissioner Dawkins: So move. Mayor Clark: Is there a second? Second it, Willy. Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. 184 September 14, 1995 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO.95-662 A RESOLUTION AMENDING RESOLUTION NO. 95-235, THEREBY AUTHORIZING AN INCREASE IN THE EXISTING CONTRACT WITH VENECON, INC., IN AN AMOUNT NOT TO EXCEED $38,711, TO COVER COSTS ASSOCIATED WITH THE CONSTRUCTION OF THE OVERTOWN NEIGHBORHOOD ENHANCEMENT TEAM ("NET") OFFICE WHICH IS INCLUDED IN THE PROJECT KNOW AS THE "OVERTOWN SHOPPING CENTER -EMERGENCY REPAIRS, PROJECT NO. B-624011, LOCATED AT 1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, AND ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, FOR SAID COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (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. ---------------------------------------------------------------------------------------------------------------- 60. (A)ALLOCATE $29,400 FROM CDBG FUNDS TO REHABILITATE 21 BUSINESSES IN LITTLE HAVANA TARGET AREA UNDER COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM. (B)ALLOCATE NAL $25,000 FROM 20TH YEAR COMMUNITY EVELOPMENNTDBLOCK GRANT (CDBG) PROGRAM TO THE SMALL BUSINESS OPPORTUNITY CENTER, INC. (SBOC) -- TO EXPAND SBOC'S ECONOMIC DEVELOPMENT PROGRAMS -- EXECUTE AMENDMENT TO EXISTING AGREEMENT. Mayor Clark: Your item has been passed. The Clerk has a copy of it. It's been approved. Vice Mayor Plummer: Are we adjourned until what, five-o-five? Commissioner Gort: I got pocket items here. Vice Mayor Plummer: Oh, no. 185 September 14, 1995 Commissioner Dawkins: OK, go ahead. Mayor Clark: Hurry up, folks. Get it, Willy, let's go. Commissioner Gort: OK. This one is the... You all got a fax from the Small Business Opportunities Center, which they need to... You know, they do the fronts of the businesses, the list of facades that have to do with the Little Havana. Mayor Clark: What do they need? Commissioner Gort: This is recommended. It's a resolution approved by the staff. Mayor Clark: Pay attention here, staff. Commissioner Gort: Staff. Vice Mayor Plummer: What is it for? Commissioner Gort: This is for the facade for the Small Business Opportunities Center. They have come to... They have 21 different businesses that need to be renovated, and we need to pass this so that they can get going. Vice Mayor Plummer: Is that... Mr. Frank Castaneda: We have checked it out, and there's no problem with that, Commissioner. I've given a copy of the resolution to the City Attorney. Commissioner Gort: You all have a copy of this. Vice Mayor Plummer: Yeah, but they're also in need of twenty-five thousand for administration of this on the fourth floor, and I would hope that that would be included. Commissioner Gort: That's not what I'm bringing to you. What I'm bringing to you is this facade treatment... Vice Mayor Plummer: Let's do both. Commissioner Gort: Let's vote. Vice Mayor Plummer: OK? Commissioner Gort: OK. Mayor Clark: Moved and seconded. Cast a unanimous ballot. 186 September 14, 1995 _-j The following resolutions were introduced by Commissioner Dawkins, who moved their adoption: RESOLUTION NO. 95-663 A RESOLUTION ALLOCATING THE AMOUNT OF $29,400 TO THE SMALL BUSINESS OPPORTUNITY CENTER, INC., (SBOC) FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799602, FOR THE PURPOSE OF REHABILITATING 21 BUSINESSES LOCATED IN THE LITTLE HAVANA TARGET AREA UNDER THE COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION FACADE TREATMENT PROGRAM. RESOLUTION NO. 95-663.1 A RESOLUTION, WITH ATTACHMENT, ALLOCATING THE ADDITIONAL AMOUNT OF $25,000 TO THE SMALL BUSINESS OPPORTUNITY CENTER, INC., (SBOC) FOR THE PURPOSE OF EXPANDING SBOC'S ECONOMIC DEVELOPMENT PROGRAMS; ALLOCATING FUNDS THEREFOR FROM THE 20TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT WITH SBOC FOR THIS PURPOSE. (Here follows body of resolutions, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, 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. 187 September 14, 1995 I ---------------------------------------------------------------------------------------------------------------- 61. DISCUSSION CONCERNING NATIVE AMERICAN CULTURAL FOUNDATION OF FLORIDA, INC.'S REQUEST FOR FEE WAIVERS IN CONNECTION WITH SECOND ANNUAL NATIVE AMERICAN CULTURAL FESTIVAL. ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: We've got two things. The other one is, if you all recall, last year, when we had the Native American Festival to take place at the Northeast, this was something that was very successful. They need some help for now, so I don't know if they've come to... they've talked to the Manager. What I would like to do is, they need some assistance, I'd like to have them meet together with the Manager. This is the Native American Cultural Foundation for the Northeast, and maybe if... We're going to do a study on this. This might become a permanent site for a tourist attraction in the northeast section. Mayor Clark: Out there at American Legion Park? Commissioner Gort: Yes. Mayor Clark: OK. Very good. Commissioner Gort: OK? Mr. Manager, we're going to start them to get together with you. Mr. Cesar Odio (City Manager): If it's money... Mayor Clark: At American Legion Park. Mr. Odio: They don't have to meet with anybody. Commissioner Gort: Yeah, American Legion Park and the Native Americans. 188 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 62. (A) EMERGENCY ORDINANCE: APPROVE CREATION OF SPECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY -- BRICKELL AVENUE BETWEEN SE 32 AND 26 ROADS -- IN ORDER TO PROVIDE 24-HOUR SECURITY GUARD SERVICE. (B) COMMENTS MADE BY MAYOR CLARK ON THE NEW TIMES ARTICLE CONCERNING CORSICA TRIP AND HURRICANE WARNINGS IN MIAMI. Mayor Clark: What else you got, Willy? Commissioner Gort: The last one that I have is, I'd like to bring as a pocket item an emergency ordinance approving the creation of a special taxing district by Metropolitan Dade County for the area of Brickell Avenue between Southeast 32nd Road and Southeast 26th Road for the purpose of providing 24-hour security guard service, subject to compliance with the applicable City of Miami/Metropolitan Dade County requirement, containing a repealer provision, severability clause, and providing for an effective date. I'm attaching a copy of the ordinance for your review. And I think each one of you have got a copy of the ordinance. Vice Mayor Plummer: Well, can I ask a question? Commissioner Gort: Yes, sir. Vice Mayor Plummer: I would hope that that ordinance has been discussed among the people of the Roads, and that they have had the opportunity to vote on it. I personally like it. I think it's a great idea, but I sure hope the people who are going to be taxed have had the opportunity to speak to the issue. Commissioner Gort: I was at a meeting... I was at a meeting with all the property owners within that district. They're in favor of it. Vice Mayor Plummer: Has there been a vote taken of the property owners? Mr. Wally Lee: Mr. Ziff informed us that they were 100 percent in favor of this. Vice Mayor Plummer: That's all I wanted to hear. That's fine. Mayor Clark: Anything else, Willy? Commissioner Gort: No, that's it. Vice Mayor Plummer: Because you're going to have a lot more of them... Mayor Clark: Let me ask a question. Commissioner Gort: You got to read the ordinance, though. A. Quinn Jones, III, Esq. (City Attorney): I don't have it. Mayor Clark: Let me ask a question. Is the representative of the New Times Newspaper present? 189 September 14, 1995 Commissioner Gort: We got to read the ordinance, Mr. Mayor. Mayor Clark: Just a minute. Is the representative of the New Times Newspaper present? Mr. Cesar Odio (City Manager): He was here. Mayor Clark: Well, I'm going to make a statement right now. It was printed in the New Times that I was not present during the Andrew Hurricane, and I was not present when a hurricane was about to approach Miami. On August 29th, my wife and I were married, and I was gone for about five days to Corsica on our honeymoon. I was in constant contact with the Manager's office and my staff. If a hurricane would have come anywhere near close, I would have been here. And I think it's a very cheap shot when a man is away on his honeymoon, as the Mayor of the City of Miami, to say that he won't be here for the hurricane. Hell, I've been here before that newspaper ever got to be life in the community, and through a hundred hurricanes in this community. So it's a damn cheap shot for that newspaper to take that... And if you got a chance, Joanne, you tell them that. They said that I wasn't here for the hurricane. There was no hurricane in Miami. Mr. Odio: Mr. Mayor, Mr. Mayor. Mayor Clark: Yes. Mr. Odio: Let me remind you, sir, that Hurricane Erin, when we received storm warnings and then we went right from warnings to hurricane warnings, that you immediately went to the Emergency Center of the City of Miami... Commissioner Gort: I was there with him. Mr. Odio: ... with some of the Commissioners, and you participated in the planning sessions with the staff. You were totally, at all times, in touch with the Administration. You went there every day until the hurricane warning was lifted. And I think it is a cheap shot to say that you were not present. Mayor Clark: Well, that's... I got that off of my surface and everything... Commissioner Gort: Mr. Mayor, we have to read the ordinance, and I have another thing also. Mayor Clark: All right, sir, read the ordinance. All right. Call the roll, Mr. Clerk. Mr. Walter Foeman (City Clerk): I need a seconder, Mr. Mayor. Commissioner Gort: Plummer seconds that. Vice Mayor Plummer: I second. 190 September 14, 1995 L An Ordinance entitled - AN EMERGENCY ORDINANCE APPROVING CREATION OF A SPECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY FOR THAT AREA OF BRICKELL AVENUE BETWEEN SOUTHEAST 32ND ROAD AND SOUTHEAST 26TH ROAD, FOR PURPOSE OF PROVIDING TWENTY-FOUR HOUR SECURITY GUARD SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND METROPOLITAN DADE COUNTY REQUIREMENTS; CONTAINING A REPEALER PROVISION; SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort and seconded by Vice Mayor Plummer, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Miller J. Dawkins Whereupon the Commission on motion of Commissioner Gort and seconded by Vice Mayor Plummer, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Miller J. Dawkins SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11302. 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. ---------------------------------------------------------------------------------------------------------------- 63. DISCUSSION CONCERNING DATES FOR OCTOBER COMMISSION MEETINGS. (See label 74) ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: Mr. Mayor, I also have a trip, unfortunately, on the first meeting of October. I have a conflict. I'm going to be out of the country on October the 11th. Mayor Clark: Folks, let's have some control in here, please. This is not a circus. Rocky, we're going to have to bring you up here to make sure that they all see you. 191 September 14, 1995 Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I'm going to be out of the country the 10th through the Ath, and we have a meeting on the 12th. I would like to change that, if possible. Mayor Clark: All right with me. Change it from what to what? Commissioner Gort: The meeting is on the 12th, and I'm going to be out of the country at that time. Mayor Clark: That's Columbus Day. Commissioner Gort: So either the 5th or the 19th? Mayor Clark: It's all right with me. Commissioner Gort: Mr. Manager... Vice Mayor Plummer: Willy, I've got fundraisers all through there. I can't answer. I got fundraisers. Mayor Clark: Mr. Manager. Vice Mayor Plummer: I know I've got it on the 5th. Commissioner Gort: Mr. Manager. Mayor Clark: Change the meeting from the 12th to the 19th of October. Mr. Cesar Odio (City Manager): I... Vice Mayor Plummer: I've got a problem. The 12th to the 19th... I have to get a calendar, Willy. I know I can't do it on the 5th, I know that. Commissioner Gort: Can we do them both on the 26th? Vice Mayor Plummer: Let's try it on the 19th, an then if we have to, I can let you know before the meeting ends. Commissioner Dawkins: I can't do it the 27th. That's my wedding anniversary, and I plan to take my wife someplace. So I will be here the 26th. Mayor Clark: Well, let me ask you, can you do them both on the 26th? Mr. Cesar Odio (City Manager): You want to combine both meetings? Vice Mayor Plummer: On what? Mr. Odio: We can combine both meetings. Commissioner Dawkins: We can? 192 September 14, 1995 Mr. Odio: Yeah. Let's do it. Mayor Clark: Yeah, to October the 26th. Clerk, you got that? Both meetings in October, October the 26th. Mr. Walter Foeman (City Clerk): OK, Mr. Mayor. Vice Mayor Plummer: Yeah, bring me an October calendar. ---------------------------------------------------------------------------------------------------------------- 64. PUBLIC HEARING CONCERNING FY'96 TENTATIVE BUDGET. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. We're going into the budget now, Manager. All right, folks, let's be quiet. We have enough consternation down here. Commissioner Dawkins: Five-o-five, J.L. Vice Mayor Plummer: Yeah, I hear you, five-o-five. Mayor Clark: What is this, the pink slip line over here, or what? There's plenty of seats. Mr. Cesar Odio (City Manager): This is budget time. Vice Mayor Plummer: Yeah, I'm beginning to wonder if this is budget time. I mean, are we serious about this, or are we not? Mr. Odio: About what? Vice Mayor Plummer: About budget time. I mean, I realize that... Commissioner Dawkins: That's a fan club. That's a fan club. Mr. Odio: I think they are here not to listen to the budget, but to look at Stallone. Mayor Clark: All right. Let's proceed. OK, Mano. Mr. Manohar Surana: Mayor and Commissioners, for the record, item number 58, discussion of proposed millage rate and tentative budget for the City of Miami. "A," percentage increase in millage over rolled back rate. Response: Five and seventy-three one hundredths of one percent. "B," specific purpose for which ad valorem tax revenues are being increased. Response: Purpose, partial funding for public safety service, Police and Fire. Cost, five million five forty- one three hundred eighty-nine dollars. Percentage, a hundred percent. Item C, City Commission listens and responds to citizens. Mayor Clark: What action you need now? Public hearing? Vice Mayor Plummer: Public hearing. Mayor Clark: All right. You'll have your two minutes. Please take your cap off for the ladies present. 193 September 14, 1995 Mr. Manuel Gonzalez-Goenaga: Well, I'd love them to see. United We Stand, America. Mayor Clark: OK. Mr. Gonzalez-Goenaga: Divided, we fall. Mayor Clark: A minute and a half left. Mr. Gonzalez-Goenaga: Well, Mr. Stallone, I am from Puerto Rico, but I don't... I am not one of these machines, you know. I love you. We Puerto Ricans, with a few exceptions... but don't worry, you know, peace and love. Mayor Clark: Come on. Mr. Gonzalez-Goenaga: Well, this is a circus. I'm glad we have a movie actor here. I did some movies... Well, no, theater with Raul Julia. We went to school together. And I performed Julius Cesar, and we have an emperor in Miami, there. And they consider me a Brutus. No, yet Brutus said Cesar was ambitious. If it were so, it was a grievous fault, and grievously is Cesar going to pay for it. Thank you very much. Mayor Clark: Thank you. That's... set a record. Are there persons to speak on the budget? Oh, yes, Mr. M. J. Mariano Octavio Cruz. Mr. Mariano Cruz: No, Jose Vila. Mayor Clark: Jose Vila, yes. Mr. Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street. I don't come here to complain about my taxes. I think they're necessary taxes - taxes and death - but I got a few questions about the way my taxes are used. First, the Police Department. Sometimes, I see Lieutenant Longueira over there. He asks for more money for complex and protracted investigation of complex, and what about the simple and fast investigations in the neighborhood? My house has been broken in two or three times, my radio stolen. The only thing, the police officer goes there and make a report. I never hear any more about them. They never call me anymore. They never do anything. Just report takers. Now, if I were Stallone, the Chief would go right there to the house, because that's what happens. Then you give some equipment or whatever for the gym. Another thing, on the patrol cars taking out of the City limits. I see them all over the place. Like just now, outside, there was one with the air conditioner running, nobody in the car, no... It was no K-9 car or anything, just running there to be cool when the guy gets out of here. The people are complaining in the neighborhood that many of the police officers, they just drive by. They never stop to say hello or see what's wrong. They want, like in 17th Avenue and 36th Street, people stop in there and going like before with a horse, or a bicycle or whatever, patrolling the street, the beat. Now, one other thing about trash pickup. On last June 29 to July 14, we were without trash pickup in our neighborhood. And I went to other addresses you will know. 1607 Micanopy, 2666 Halisee, 3625 Curtis Lane, 1385 50th Street, 1101 Northwest 29th Avenue, Shenandoah, Little Havana, and all those places were clean. The only one that was dirty, because it was in my neighborhood, was 2660 14th Avenue. But all... For two weeks, between June 29th an July 14th, Saint Peter and Saint Paul was still no trash pickup. Maybe Allapattah is going to get a rebate for those two weeks that they didn't get it. Vice Mayor Plummer: I didn't get it. 194 September 14, 1995 Mr. Cruz: No rebate or credit? Because if I don't get phone service for two weeks, I get a credit. And, you know, last... Yesterday, the trash wasn't picked up either. This morning, I left at five -forty-five. The trash was still there. I put my recycle out. It's still there, I think. Mayor Clark: Thank you. Mr. Cruz: And one other thing. Of the private... Of the City cars being taken out. Like on August the 30th, I saw a City car, six -forty-two p.m., at 436 Northeast 125th Street, North Miami, at the Country Club Dry Cleaners that was in Aries, Dodge Aries, number 4241, license tag 81024, with a... It was a driver, a pregnant lady. She was picking up dry cleaning. Is that a function of the City? Is that helping me? My tax money is helping somebody using a City car to do an errand? I mean, that gets me mad, when they're talking about that you need money for the City and all that. I mean, I understand police cars or K-9 cars, but, you know, but any other... using them for that, that's wrong. And now, last Sunday, there was an article about the City and the liens on property. The City should start by cleaning their own lots, that they have a lot at 31 Street Northwest 27 Avenue that was given to the City a few months ago in lieu of a lien, and that lot is not taken care of. The County has a house 3013 13 Avenue there. Both of them full of weeds. Go to the other government and tell them, you have to abide by the Court. The County, City, State or Federal, they have to follow the Code that we follow. Or are they different? And that's one other thing. I am... Last but not least, for my wife that's probably watching me, she's complaining that Moore Park, still the track hasn't been fixed, and it's been months and months since the money was allocated. And it's a lot of people walking there. And she's also .complaining_ about.. the -produce market, that something is being done, but not enough. Like I said before, I don't complain about my taxes, but I don't like to be subsidizing Coconut Grove, because on the trash pickup, we pay the same amount per household, a hundred dollars ($100), a hundred and sixty dollars ($160) a year that a house in Allapattah pays, or a house in the Grove that produce 20 times more trash, that house there, and dust. If they're going to clean their neighborhood, I want my neighborhood cleaned, too. Mayor Clark: All right. Mr. Cruz: Parity. Mayor Clark: Thank you, sir. Mr. Cruz: Thank you. Mayor Clark: Thank you. Ladies and gentlemen, on the budget, how many people wanted to speak on the budget? Just a moment. Would you relax a moment? Relax. Are you here on the budget, sir? Mr. Calvin C. Reed: Yes, sir. Mayor Clark: Please have a seat for just a moment. Mr. Reed: She told me to stand over here, sir. Mayor Clark: That's all right. I'm the Mayor. I'll tell you what to do. Mr. Reed: I understand that, sir. I respect that. Mayor Clark: Please have a seat. Mr. Reed: I will, sir. 195 September 14, 1995 Mayor Clark: We'll be with you very shortly. Mr. Reed: Right now, my back is hurting me because I went through so much outside. Mayor Clark: Go ahead and speak, if you're in better shape. Don't die on us here. Go ahead. Give us your name. Mr. Reed: My name is Calvin Clarence Reed, most famously known as CC Reed. I'm here today because satan is very busy outside that door, sir. I wanted to get here earlier, but you'd be surprised what I've been through to get here through transportation. Now, I am a taxpayer, I am 1 a concerned citizen, and I only feel that you will never know what would happen the next second. I started out this morning at six o'clock p.m. (sic) to get to this meeting here, and thank God, Almighty, I made it. But it's a shame when you have a bus driver that's paid by taxpayers' money that don't even know where is Miami City Hall. And thank God for the children. That's how I was able to get here, sir. And that really hurts. It hurts, sir. But I can only thank one God Almighty. He's real. We have to save these children, sir, and I mean right this second. And I don't know... I mean, I've been in this world 37 years, OK? And I know I'm going to make it another 35, because it took me 35 years to go through what I've been through, and believe me, these past two years, I thank God for the children, really. I mean, not all of them are good, but there are some bad ones that could be dealt with. All it is is that you have to teach them, teach them from right and wrong. Mayor Clark: All right. Vice Mayor Plummer: Mr. Mayor, I... Mr. Reed: It really hurts. Vice Mayor Plummer: Mr. Mayor. Mayor Clark: Thank you, sir. Mr. Reed.: When you got adults that don't even know where the Miami City Hall is, to have a bus number 7031, Metro -Dade County bus. It hurts. Mayor Clark: All right. Mr. Reed: And then when the kids on the bus, they know more than the driver. And then, when the driver puts me off at a stop, then a kid did put me off nearby here, an I went to Monty Trainer's, where you got students there working, and those students led me here, sir. Mayor Clark: All right, thank you. Mr. Reed: Even though I already knew how to get here by car, if I had a car of my own, but I use public transportation. And I'm only coming before you, Mayor Steve Clark, and also the Commissioners, and also everyone else here, "Hola, como estas?" I mean... (APPLAUSE) Mayor Clark: Thank you, sir. Thank you very much. Thank you, sir. Thank you. Commissioner De Yurre: Mr. Mayor, if I may. 196 September 14, 1995 L Mayor Clark: Yes. Commissioner De Yurre: Before we have to figure about a ride back. Mayor Clark: Will you people here on the... on the budget, you've been here, you started at five o'clock. You're only 17 minutes into it now. ---------------------------------------------------------------------------------------------------------------- 65. ALLOCATE $142,000 FOR OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS FOR FY 1995-96 -- ACCEPT $50,000 DONATION FROM SYLVESTER STALLONE -- TO BE PLACED IN A FUND FOR OPERATION OF GUSMAN CENTER BEYOND FY'96 -- REQUEST DEPARTMENT OF OFF-STREET PARKING TO REQUEST INDUSTRY OFFICIALS TO ASSIST IN PREPARATION OF RFP TO ADDRESS CITY'S SUBSIDY BEYOND FY'96. Mayor Clark: We've got a situation here. We've got a very prominent gentleman who lives in our community here, and he's sponsoring a program which some of us love, and some do not _..—._____..____.love.._..That's_the Gusman Hall. We're going to handle that here for about five minutes. That's about all the time it's going to take, so relax. Relax. Mr. Clark Cook, are you the intro to Mr. Stallone? Commissioner De Yurre: Not quite, Mr. Mayor. If I may. Mayor Clark: All right. Are you the... Commissioner De Yurre: I'm the one that more or less has been in the papers recently trying to find the hundred and forty-two thousand dollars ($142,000) that the Off -Street Parking Authority says they're going to be short this year to maintain the Gusman. Vice Mayor Plummer: Fantastic. Commissioner De Yurre: And certainly, it's more than a fifty percent reduction from the three hundred thousand we normally have been paying annually over the years, and we've accepted that. If we start going to the history, there's no... There's no better person here that can tell us about the history of the Gusman than the Mayor himself, and this dates back to the '20s. And I've seen pictures of it when it was there, and the big shows. And recently, the Miami Herald had a front page shot when in World War II, we were celebrating the 50th, commemorating the 50th anniversary of that, and it was downtown with the theater right there in the back drop of Flagler Street. And, yeah, J.L. was probably there. Vice Mayor Plummer: I was there for the last live show in the Olympia Theater. Commissioner De Yurre: OK. So there's a lot of history that that building brings to us, and certainly... And Willy; who chairs the DDA (Downtown Development Authority), knows very well that there are many things that bring people to downtown Miami, or that keep people in downtown Miami at night. But certainly, the Gusman is one facility that does do that, and it does it very well. The .Miami Film Festival, many other shows and events that take place there, and I believe that it is the jewel of downtown Miami, and certainly one of the jewels of Miami and South Florida in general. 197 September 14, 1995 (APPLAUSE) Commissioner De Yurre: We have many friends here tonight, Mr. Mayor, of the Gusman, and that are going to speak, and not too many are going to speak, but they're going to be behind this effort. I just want to say that as far as I'm concerned, I want to make sure that the Gusman stays open this one year. And it may be that this is the last year that we can subsidize it to any degree, and the word has to be there that maybe friends of Gusman need to get together over the coming year to get the backing that they need financially, and get creative, as far as keeping it going henceforth. But certainly, it is incumbent upon us... It's not incumbent upon the Off -Street Parking Authority, it's not incumbent upon the community. It is our building, it is the City's building, that we have to be ultimately responsible to make sure that it stays a viable positive thing for our community. Mayor Clark: We could make this very short and sweet, Victor. Commissioner De Yurre: I know, but, you know, we got to build it up a little bit. I'd just like to present at this point in time, Mr. Mayor, Rosario Kennedy, former Commissioner and dear friend of ours, who is going to make a presentation. Ms. Rosario Kennedy: Thank you, Commissioner. Good afternoon, Mr. Mayor and Commissioners. I'm here today wearing my hat as honorary chairperson of the Miami Film Festival,.as a resident.of the City of Miami, and a.firm.supporter of Gusman. As you know, the Miami Film Festival has held its festivals in Gusman for the past ten years. Each year, the Film Society, which runs the Film Festival, rents Gusman for ten days and nights, not only to showcase a film, but the majesty of the theater, as well. I cannot imagine the film festival staged at a multiplex in a shopping center. The festival is synonymous with Gusman and downtown Miami. Last year, we brought 35,000 national, international and local visitors and media to Gusman and downtown Miami. As a resident of Miami, I am hopeful that downtown will take on a new life with the Performing Arts Center, with the completion of Miami -Dade Community College's expansion, with plans for creating a film district, with a new trade center, and the growth of the New World School of the Arts. While the City, understandably, looks for means to cut its expenditures, it should not be shortsighted in relegating Gusman into an old abandoned building. Gusman should be treasured with the same reverence as the art deco buildings are in Miami Beach. In this: year of celebrating the City's 100th birthday, it behooves us to preserve what is left of our City's heritage. The Gusman is part of Miami's history and could be part of the future generationsi as well. I urge you to explore other alternatives, rather than closing it down. Give Gusman an opportunity to take a breath, because it needs to keep on running. And now, I'd like to present a friend of mine whom I asked to come. He has made Miami his home, he wants to be part of this community, and he just accepted the title of Honorary International Chair of the Miami Film Festival, a man who needs no introduction, Mr. Sylvester Stallone. (APPLAUSE) Mr. Sylvester Stallone: That's very nice. Mayor and Commissioners, fellow neighbors, having just come from Los Angeles, I realize how important it is to keep history intact. And we have lost many, many theaters out in Los Angeles, but now, they're revered, and they've poured in great sums of money to resuscitate them, like the El Capitan, and Ming's Chinese Theater, the Pantageous. Well, we don't have that many theaters here to really to be that free to have them go the way of the dinosaur, to become extinct. So whatever I can do to put my weight behind this to try to bring light to this, I think a dilemma, because Miami, it's very, very important that Miami begin to settle into a cultural center for cinema. Because we have such diverse nationalities down here, it can only be, in an artistic sense, exuberant, exciting, multifaceted, and without any finish line, as Nike would say. I just see the future as looking beautiful. So to lose 198 September 14, 1995 the Gusman is something that you really cannot duplicate. And I believe in putting one's money where their mouth is, so at this point, I would be willing to personally donate fifty thousand dollars ($50,000) to the support of the theater, and hopefully... (APPLAUSE) Mr. Stallone: And I know... (APPLAUSE) Mr. Stallone: Thank you. Thank you. And I know the City is, as most cities are, have... you know, plagued with problems, but that, unfortunately, comes with being alive. And I know that there's many, many important things that the Commissioners have to deal with every day. So if this can take a little weight off, and maybe help give us some breathing space so we can eventually put together some formula that it will be self-perpetuating, and not call upon so much tax dollars in the near future, this is something that I hope will be able to leverage us in that direction. In other words, let's just take the money and run. Thank you very, very much. (APPLAUSE) Vice Mayor Plummer:. Let me ask you a question. Oh,..you.have a question. You're not supposed to do that. Vice Mayor Plummer: That's the prerogative I reserve as a Commissioner. Would you be willing to head up a fund-raising drive? And I'm sure with your backing... Mr. Stallone: Mm-hmm. Vice Mayor Plummer: ... that one gala event could raise the other hundred thousand dollars that is needed, if you would lend your support to head up such a fund-raising drive, on a date convenient, absolutely, to you? Mr. Stallone: Should I answer it before you ask your question? Commissioner Dawkins: No.. Please wait till I ask mine. Mr. Stallone: OK. Commissioner Dawkins: You know... I am... Vice Mayor Plummer: How come he gets to ask a question before I get an answer? Commissioner Dawkins: I am thrilled by your generosity. It is those like you who make it easier for the rest of us. But it's unfair for me to ask you to head an organization to raise a hundred thousand dollars. That's unfair to you. Now, I was going to say this, and I will say it now. Gusman must be saved. I don't know how we're going to do it, but unless there is a Gusman, the Performing Arts Theater will mean nothing. We have little black boys and girls who do not know anything about the ballet, they do not know anything about an opera, they do not know anything about a symphonic band. And the only place that they can come on field trips from Miami -Dade schools is to a Gusman Hall facility that has the acoustics, the seats, and et cetera. So my hope is that you and other friends of Gusman will start a fund... Vice Mayor Plummer: That's what I was talking about. 199 September 14, 1995 L 14 Commissioner Dawkins: ... and put the money in the fund, and the interest from the money comes to operate the facility. Vice Mayor Plummer: That's damn good. That's a good idea. Commissioner Dawkins: People die. They leave the University of Miami millions and millions of dollars. They don't leave one penny to Gusman Hall. They leave millions and millions of dollars to Barry University. They don't leave one dollar to Gusman, because we have not awakened them that there is a need. So I think, sir, that if you were to get a group and lead that charge, I think we could develop a fund, trust fund... Mr. Stallone: Mm-hmm. Commissioner Dawkins: ... and even if we have to have an annual event to donate to the fund... Mr. Stallone: Mm-hmm. Commissioner Dawkins: ... and take the interest... Mr. Stallone: Right. Commissioner Dawkins-- ... from the fund to make sure that little boys and girls have a site like the Gusman to go into. Vice Mayor Plummer: Where eventually, there would be adequate funds to maintain the necessary revenue that is needed. Mayor Clark: I'm going to... Vice Mayor Plummer: I'm not trying to put a burden on you in any way, shape or form. Knowing the ability of Rosario and some of the members who could put the organization together for a fund-raiser, I merely asked if you would lend your support, which would automatically be a very fine factor... Commissioner Gort: Mr. Mayor. Vice Mayor Plummer: ... and almost an immediate success. That was what I was asking of you. Mayor Clark: Are you going to move it? If not, I am. Commissioner Gort: I'm going to make a motion. No, I'll let somebody make the motion. But before we do make the motion, I really appreciate what you all are doing here. This is a one-shot deal. The thing that I'd like to see, because I sat at the Board to oversee the Gusman for many years. We had a lot of marketing study, we had a lot of studies. Nobody came out with a plan to make it self-sufficient. And I think with the talent that we have in this room today, if we all get together, we can come up with a different place... And I'm not an expert. I'm very ignorant in this type of business, in this industry. But I think if we get the right people in the right place, like you say, you bring 30,000 people to your event. Why can't we have that event taking place every month or every other month? These type of events will bring the people and become self- sufficient. And I agree with Commissioner Dawkins. We need to educate our community. I think one of the reasons that we have a lot of problems in the arts, a lot of the unfortunate kids do not get a chance, and do not get exposed to it. I think we should go beyond that and we should... My understanding is Clark Cook was going to have a plan for us today where this could become 200 September 14, 1995 self-sufficient, and with the assistance and the help that we have of everybody that's here today, I'm sure it can be very successful. Commissioner Dawkins: The only thing I say to that is, Clark Cook and those haven't done anything now. If you're going to start an organization... Commissioner Gort: Well, you put a lot of pressure on him this year, so I'm sure he's going to... Commissioner Dawkins: If you let somebody else... Let somebody else have it, because Clark Cook... Mayor Clark: All right. Let me handle it for a moment. Vice Mayor Plummer: You can't do it. You can't do that. Mr. Jim McMaster: Commissioner, may I have a quick motion - a quick question? The Omni Redevelopment District which the City and County got together and formed in 1986/87, the interlocal agreement hasn't been signed since 1987. I know there's a problem with the homeless center, et cetera, et cetera. The City is every year putting seven hundred and thirty thousand dollars ($730,000) that would go into the Omni Redevelopment Trust Fund toward the Performing Arts Center into the general fund. My suggestion would be that, like the County, the County has been taking its half million a year and putting it into the Museum of Science and into their theaters. Why don't... Mayor Clark: If you go out to the Omni District and try that, you won't come back with your head on. Mr. McMaster: No, I'm just saying, I'm saying why doesn't the City commit to putting that seven hundred and fifty thousand dollars ($750,000) into the Gusman? Commissioner De Yurre: Just for the record, we've taken the money, we've earmarked the money, like you're saying, for fixing up the park and things of that nature right around the Omni area. Mayor Clark: Let's try to bring this to its end. Commissioner De Yurre: Mr. Mayor, if I may make a motion. Mr. McMaster: I'm urging you to put it towards the theater. Mayor Clark: I'm going to make a motion. Let me have... I haven't said a word yet. You know, we have a very busy day, we're very busy people, and Clark Cook tells me they need a hundred and forty-two thousand dollars ($142,000) to run it this year. Is that right? Mr. Clark Cook: That's right. Mayor Clark: Stand up and tell everybody then. Vice Mayor Plummer: You have it in writing. Mr. Cook: Yes, sir. I think I have presented the budget to the City Manager in which we require a hundred and forty-two thousand dollar ($142,000) deficit to break even. To operate Gusman as a rental hall, and as a rental hall, we'll have approximately 140 nights of being rented. Obviously, anything else that can be done... We can use a producer who did one, and had no risk, would be fine. 201 September 14, 1995 L Mayor Clark: I hope that... Mr. Cook: My plan... My plan is very... And I was very straightforward with the City Manager and with Cesar, I said a hundred and forty-two will strictly be as a rental house. We will not exceed that. We're not going to take any risk, as we've done before, trying to make this thing pay. It just has not worked for us, and the City has borne the consequences of that, and I think this Commission has a right to be concerned. I can assure you, my Board has a right... is concerned. But a hundred and forty-two thousand dollars ($142,000) should take us through this year as a rental hall. Long-term, as I have told Commissioner Gort and several other Commissioners, I would be willing... We are putting out an RFP (Request for Proposals) to find a private developer. I would be very sincere in doing that. The comment from Mr. Stallone is certainly fascinating, and the outpouring of the public. We may see a totally different change in the ability of the friends of Gusman to raise the funds that they need to support this theater. I promise you that I will... Obviously, you see me every month, and I will be back to report to this Board exactly where I stand on a monthly basis, if you so desire. Mayor Clark: All right. Victor, you can make the motion. I'll second it. Commissioner De Yurre: Mr. Mayor, my motion is that we provide the hundred and forty-two thousand dollar ($142,000) shortfall, and that Mr. Stallone's... Mr. Stallone's fifty thousand ($50,000) go for next year's, when we will not give another penny. Commissioner Dawkins: Second the motion. Commissioner De Yurre: This is the last year. You got fifty already to run for the following year, and that's the way we're going to do it from now on. Mayor Clark: That's a good nest egg to start with. Commissioner Dawkins: Second the motion. Vice Mayor Plummer: OK. Commissioner Gort: Discussion. Mayor Clark: Yes. Vice Mayor Plummer: Under discussion. Commissioner Gort: Clark, when you put the RFP together, I'd like to have people within the Industry to be part of putting the RFP together. Mr. Cook: I met with Professional Management Corporation of America yesterday out of Providence. They look... They made some suggestions. I promise you, the Industry will be involved, and we'll find some expertise to help us put that RFP together. Mayor Clark: All right. Vice Mayor Plummer: Mr. Cook, it's my understanding, and your promise to me, that if this were to pass, that, in fact, you will make it absolute that they will not exceed a hundred and forty-two thousand dollars ($142,000). Mr. Cook: I believe that is exactly what I said. 202 September 14, 1995 Vice Mayor Plummer: All right, sir. Second of all, Victor, my understanding is that this is the last year of City subsidy; that they understand fully that after this year, it must be just like the International Trade Board, it's got one year to try to make it in the private sector, and if they don't, they are out of the question. Mayor Clark: I think that's a fair statement. Vice Mayor Plummer: OK? Mayor Clark: Call the... Vice Mayor Plummer: Now, the only question I had, Mr. Manager wanted to make a statement. I'd like to hear what he has to say. Mr. Cesar Odio (City Manager): No. I just wanted to say that since I am the bad guy - and I don't mind, I get paid to be that way - that I have achieved what we wanted to have achieved. Vice Mayor Plummer: Absolutely. Mr. Odio: Is to have all these people here. We only had three people last year in the budget hearings, so maybe we should do Gusman every year. Commissioner De Yurre: Trust me, they're not here because of us. Mr. Odio: And I know that by having - Mariano, how are you? - and having Mr. Stallone here. But, you know, at some point, we had to address the issue of Gusman, and you're doing the right thing now, the Commission and the public, by being here. You could not ask the taxpayers of Miami to continue paying deficits. We have paid over two point five million dollars ($2.5 million) in deficits since 1989. So it's finally here. I have been begging for years, since we have no authority over the management of it, to do something about this building. Mayor Clark: All right. Mr. Odio: And maybe now is the right time. Vice Mayor Plummer: I think, Mr. Mayor, it has to be said, that this was the year that the Manager went the full length and said, no more subsidy to the parking structures, no more subsidy to the other structures that were taking up dollars. Commissioner Dawkins: One final statement, Mr. Mayor. One final statement. We must save Gusman Hall. J.L. Plummer said he was there in the '20s, and I want to make sure we can put his body... Vice Mayor Plummer: I did not say that. Commissioner Dawkins: I want to make sure we can have his funeral in Gusman, so please help me save Gusman. Vice Mayor Plummer: I did not... "Oye." (APPLAUSE) Mayor Clark: All right. Mr. Clerk... 203 September 14, 1995 t Vice Mayor Plummer: Mr. Mayor, the last show in Gusman Hall... Mayor Clark: Please, please. Vice Mayor Plummer: ... a few people don't know that it was Elvis Presley. Mayor Clark: Don't kill it now when you got it alive. I know you want him dead. Call the roll, Mr. Clerk. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 95-664 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $142,000 FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS FOR FISCAL YEAR 1995-96; FURTHER, ACCEPTING THE AMOUNT OF $50,000 AS A DONATION FROM MR. SYLVESTER STALLONE, TO BE PLACED IN A FUND TO ADDRESS THE OPERATION OF GUSMAN CENTER BEYOND FY'96; AND FURTHER REQUESTING OF THE DEPARTMENT OF OFF- STREET PARKING TO REQUEST THAT INDUSTRY OFFICIALS ASSIST IN THE PREPARATION OF AN RFP TO ADDRESS THE CITY'S SUBSIDY TO THE GUSMAN CULTURAL CENTER BEYOND FY'96. 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. Mayor Clark: Thank you all, folks, for coming down. Commissioner Dawkins: Thank you very much. Vice Mayor Plummer: Now, let's finish up the budget. Mayor Clark: We'll give you about two minutes so we can clear the room. All right. Folks, we got other items we've got to discuss now. Please leave the room quietly. Shh. Vice Mayor Plummer: I want to go home. Mayor Clark: Please leave the room quietly. If you're going to leave the room, please leave it quietly. 204 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 66. (A) CONTINUED DISCUSSION CONCERNING FY'96 BUDGET. (B) BRIEF REPORT FROM GUY SANCHEZ, MEMBER OF THE BUDGET AND FINANCE COMMITTEE. (C) FIRST READING ORDINANCE: FIX MILLAGE AND LEVY TAXES IN CITY OF MIAMI FOR FY OCTOBER 1, SEPTEMBER 30, 1996. (D) FIRST READING ORDINANCE: MAKE APPROPRIATIONS FOR FY OCTOBER 1, 1995-SEPTEMBER 30, 1996. Mayor Clark: Did you want to speak on the... Mr. Paul Berry: Yes, sir. Mayor Clark: The Gusman Hall is finished. Mr. Berry: Yes, sir. If I could just speak for one minute on Gusman Hall. Vice Mayor Plummer: I'd sure like to be able to hear you, if everybody would be quiet. Mr. Berry: Just one minute, please, please, Mr. Mayor. Mayor Clark: Come on. Ms. Jane Davis: I believe I'm ready. Mr. Berry: Mr. Mayor, I have a very short... Mayor Clark: Just a... We'll be with you in just a moment. Ms. Davis: OK. Mayor Clark: I told you about ten minutes. That's what you've had. Go ahead. Ms. Davis: I don't need ten minutes. Mr. Berry: I have a very short comment, and I would just like to protest what you have all just said about Gusman Hall right now. Ms. Davis: Oh. Mr. Berry: It's very nice that people of wealth and power... Vice Mayor Plummer: Sir, would you state your name for the record. Mr. Berry: Yes. My name is Paul Berry. I live in the Overtown section of Miami. This is a very grave situation we are entering into in which our elected officials are saying there will be no funding from the general public by the private citizen for the arts. And I think this idea of tying your funding to a deadline next year and saying that myself and other taxpayers in Miami will not be able to contribute to the Gusman is wrong. That's what I'd just like to protest. 205 September 14, 1995 Vice Mayor Plummer: Sir, you... Let me just... Let me just.., one... Mayor Clark: Come on, leave it alone, J.L. Come on. Vice Mayor Plummer: One item. A hundred and seventy-two million is going for Performing Arts. That's all your tax dollars, sir, and you'll be able to enjoy that. Now, that's just for starters. Commissioner Dawkins: And if you come back next year, I'm pretty sure you're going to find the same help here next year. Come on back. Vice Mayor Plummer: Yeah, right. Mayor Clark: Yes, ma'am. Your name for the record. Ms. Davis: Yes, sir. I'm Jane Davis, and I'm here with many of my neighbors. Vice Mayor Plummer: Oh, no. Ms. Davis: I live at Brickell Townhouse. Mayor Clark: Yes, ma'am. Ms. Davis: And we were extremely damaged by Hurricane Andrew, and our taxes have reflected that damage for a couple of years. But all of a sudden, this year, we've gotten a huge increase, and we're also facing a four million dollar ($4,000,000) assessment, because we're not anywhere near through with the repairs. Mayor Clark: One question. Did the increase come of a change in assessment? Vice Mayor Plummer: Obviously. Ms. Davis: Yes. Mayor Clark: It didn't come through raising taxes in Miami. You know, the assessment is not handled by the City of Miami. Ms. Davis: You mean I'm in the wrong place? Mayor Clark: Yes, ma'am. That's Dade County. Vice Mayor Plummer: Board of Equalization. Ms. Davis: We've already been there, we've all filed. But we thought it might do some good if we told you about our problem. Mayor Clark: I appreciate your problem. Ms. Davis: OK? Vice Mayor Plummer: Would you like to hear about ours? Ha -ha-ha. Mayor Clark: It's probably our problem too, but that's where you get the adjustment. 206 September 14, 1995 Ms. Davis: We hope we get it. Mayor Clark: We appreciate it. Thank you, ma'am. Ms. Davis: Thank you. Mayor Clark: Now, sir, you spoke once. Do you have something to add? Mr. Calvin C. Reed: Yes sir. Vice Mayor Plummer: Reference to budget? Mr. Reed: Yes, sir. I do. Again, I forgot to mention before, my address is 1601 Northwest 1st Court, Miami, Florida... Mayor Clark: Yes, sir. Mr. Reed: ... 33136-1941. I must say, Mayor Steve Clark, this morning as I was walking through my neighborhood, sir, I must thank the City of Miami Police Department, and I commend them highly through Chief Donald Warshaw, because of the fact, sir, I am presently filming the CC Show, and what's happening is that people is having a misperception of my show, sir. And what's happening is that due to the crime -or the criminal activity in the area, my life is at stake, because this morning, sir, they was about to gun me down - OK? - in my neighborhood. But thanks to the young boy that said "nine," and when he said "nine," there was a City of Miami police car turning the corner, sir. It's very, very serious in Overtown Miami, Dade County, Florida. Now, this may be the last time that I may be alive, because I got to go back home to 1601 Northwest 1st Court, Apartment 201, Miami, Florida, 33136-1941. Now, I been here, as I said before, 37 years. Now, I don't know if you all... You know, maybe your life is OK, but I can only stand up for my life, and the life that's being held or being lived in my community, sir. We are in fear of our lives, sir, and I speak for my neighborhood because of the fact when Miller Dawkins came to the Overtown Center, Culmer Center, he said to bring people here. The thing is, I tried, sir, and when I tried, those people don't care, the ones, because they've been made promises, and promises, and promises, and they haven't gotten anything, sir. They don't see no type of improvement at this particular time. The thing is, is that we have been promised enough. And right now, I must say, you know, I cannot depend on the City of Miami no more, so I'm trying to make a plea to the world, please, help Overtown. We need one hundred million dollars ($100,000,000) right this second, sir. We need help, not yesterday, not tomorrow, right this second, sir. Mayor Clark: Thank you. Mr. Reed: But I tell you what... Mayor Clark: Thank you, sir. Mr. Reed: If I die, I'm going to hold all of you accountable, because I have been here 37 years of my life in this area, and it seems like nobody don't care. Everybody think it's a joke. Mayor Clark: All right. Fine, sir. We appreciate your thoughts. Mr. Reed: Everybody think, you know... Mayor Clark: You're going to be all right. 207 September 14, 1995 4{ Y t I 1 j Mr. Reed: When... Every time I get up here to discuss this, and now you're trying to cut me off. Mayor Clark: I'm not trying to cut you off, but you've been on for ten... Mr. Reed: Because right now, I'm talking for my life, sir. I'm talking for my life, and also the life of my community. Mayor Clark: Thank you. Thank you, Mr. Reed. Thank you. Mr. Reed: Thanking me is not enough. I need something now... Commissioner Gort: Well, let me ask you a question. What... Mr. Reed: Right this second, sir. Commissioner Gort: OK. Hey... Mr. Reed: ... because I'm tired of waiting. You know, what do you want to do, go to my funeral? You want to go to my funeral? Commissioner Gort: What do you want us to do now? What do you want us to do now? Mr. Reed: Well, I'll tell you what, don't go to my funeral. Commissioner Gort: OK. Mr. Reed: Don't attend my funeral. Mayor Clark: Calm down. Mr. Reed: Oh, you're going to take me on, sir? You going to take me on? I'm in fear of my life right this second. You want to take me on by the police car? You want to move into my apartment? Mayor Clark: Go on, let's go. Unidentified Speaker: Come on, let's go have a drink of water. Mr. Reed: A drink of water? Mayor Clark: Yes, ma'am. Jesus. Ms. Doris Dodyk: I'm Doris Dodyk, and I live in the Brickell Townhouse. Oh, this one. I live in the Brickell Townhouse for at least 15 years. I think you misunderstood my friend. Mayor Clark: What is your name, please? Ms. Dodyk: Doris Dodyk. I live in the Brickell Townhouse for 15 years. Mayor Clark: Yes. Ms. Dodyk: We got a tax increase this year, and the building is still very much damaged. We cannot sell our apartments. 208 September 14, 1995 Vice Mayor Plummer: Ma'am, we have nothing. You have to go to the County. Ms. Dodyk: But it says right on here... Vice Mayor Plummer: That's only part of it. Mayor Clark: Let me see that. Let me see that. Vice Mayor Plummer: It is the Board of Equalization. We have no power to turn that around, none. Ma'am, you can have your voices heard, but you understand, we can't do anything about it. Ms. Dodyk: It says right here for millage. Vice Mayor Plummer: That's for the millage, the overall millage. Commissioner Gort: That's on the millage. Vice Mayor Plummer: Can I ask you a question, ma'am? You have an assessment value of your unit. Would you accept that amount of money that they have assessed you for? Ms. Dodyk: No. Vice Mayor Plummer: OK. You see, that's where your problem is. You're automatically wrong by virtue of the fact the State law now says your assessment shall be 100 percent of value. That's State law. And the first question they ask you when you go down there, will you accept the price of the assessment for your unit? And everybody says no, because reality is, it's about 67 or 68 percent of what value is. But more importantly, what I'm trying to say to you is the fact if we wanted to, we do not have the authority... Mayor Clark: To change the assessment. Vice Mayor Plummer: ... in any way to take and change assessments. Mayor Clark: Your home... Your property... Ms. Cristina Fernandez: Why we have an appointment for today here? Mayor Clark: Please, please, now, one at a time. Your apartment is... Your unit is appraised at a hundred and seventeen thousand dollars ($117,000). What's it worth? Ms. Dodyk: Right now, a hundred seven to a hundred thousand. Mayor Clark: Well, you better go to the County, because they made the assessment. We didn't make the assessment. Vice Mayor Plummer: Yeah, well, they did go to the County, didn't they? Mayor Clark: No, they didn't get heard. Vice Mayor Plummer: Did you all go to the County? Ms. Dodyk: We tried. No, we... 209 September 14, 1995 LE Vice Mayor Plummer: Oh, well, that's where you'll be heard. Mr. Cesar Odio (City Manager): You have to go to the Value Adjustment Board. Ms. Fernandez: Excuse me. Vice Mayor Plummer: Yeah. Mr. Manohar Surana: Monday to apply. Ms. Dodyk: Thank you very much. Ms. Fernandez: Can you explain why you give us the possibility to come here today, sir? Vice Mayor Plummer: Yes, ma'am. Everybody has the right to come here and voice their opinion in reference to the millage. Our millage has not changed. Commissioner Gort: Why don't you explain to them about the millage. They don't understand what the millage is. Why don't you explain the process to them. Mayor Clark: It's the Tax Adjustment Board of Metropolitan Dade County. Commissioner Gort: No, no. Why don't you do it publicly, since a lot of people have the same questions, if you don't mind, Mr. Mayor. Mayor Clark: Go ahead. Mr. Surana: OK. Commissioner Gort: Mano, excuse me. He's going to try and explain to you how the procedure... We have not increased, from my understanding, taxes for the last three years. Mr. Surana: OK. Your tax is based on the millage times the value of your property. In the City of Miami, we kept the millage the same. If your property goes up, your tax... If your assessment goes up, your tax goes up. If your assessment goes down, then your tax goes down. Assessment is done by Dade County Property Appraiser's Office. So if you have any question about the assessment, contact that office. Ms. Fernandez: Yes, but my question is, you give us an explanation of how our total amount comes, no? Some things go to the County, some things go to the City, something goes to the school. Mr. Surana: Right. Ms. Fernandez: You give us the possibility to come to every meeting and discuss that portion that belongs to you. Mr. Surana: Yes, yes. You can come, yes. Mayor Clark: Our millage has not changed. Commissioner Gort: Yes. They can discuss that portion to us. 210 September 14, 1995 Mr. Surana: The millage, millage for City of Miami only, you can discuss with us. Ms. Fernandez: So we can discuss with you the portion of the Miami City... Mr. Surana: Right. Ms. Fernandez: ... but you cannot take any action in diminishing or... Mr. Odio: Ma'am, you can come here and discuss the portion that we are responsible for. Mr. Fernandez: Mm-hmm. Mr. Odio: We are responsible to set the millage. The millage is... the formula you see is nine point five nine nine (9.599). Ms. Fernandez: Mm-hmm. Mr. Odio: We cannot set the value of your home. That's set by the County. The value of your home went up. Ms. Fernandez: Mm-hmm. Mr. Odio: The only, only authority that can change that is the Value Adjustment Board at Dade County. Vice Mayor Plummer: Cesar. Mr. Odio: The assessor's office. Vice Mayor Plummer: Cesar, the lady is asking, why does she have the right to come here? Mr. Odio: She has the right... Vice Mayor Plummer: Let me try to give you an example, if I may. If you don't like the money we're spending in the Police Department and you want to say that it should be spent in the parks, that's your right to be here. Ms. Fernandez: Mm-hmm. Vice Mayor Plummer: If you don't like the money we're spending in the Fire Department and you think it ought to be spent in the Police Department, that's why you have the right to be here. Ms. Fernandez: Mm-hmm. Vice Mayor Plummer: You have the right to come and speak to one, the millage - you can like it or not like it - and second of all, as to how the Commission will spend its money in this coming year. That's why you're invited to come here. Ms. Fernandez: Mm-hmm. Right, I understand now. Vice Mayor Plummer: OK. Mayor Clark: Thank you very much. Other persons... Yeah, we'll remember you, Brickell Townhouse. 211 September 14, 1995 Vice Mayor Plummer: I might want to tell you that there are some very fine lawyers who will take your case before the County that have very good experience and have a tremendous track record. Ms. Fernandez: How do we get one? Mayor Clark: There. Now you opened your Pandora's box. Call up Plummer's office. He's got a list of them. All right. Vice Mayor Plummer: The one I used wasn't bad, I'll tell you, man. Mayor Clark: All right. Thank you all, folks. Yes, sir. Mr. McMaster: Part of the problem the ladies have is they live in the wrong municipality. The City of Miami is, according to the County statistics, the millage rate for the City of Miami is 12.4 for... Mayor Clark: No, no. Now, the millage rate, that... Part of that is debt service. Vice Mayor Plummer: That's debt service. Mr. McMaster: Well, that includes the debt, includes debt service. Coral Gables is 4.2, { Unincorporated Dade is 2.3... Vice Mayor Plummer: Oh, Jim, now, be fair. Mr. McMaster: That's... Well, there is some... Vice Mayor Plummer: Ah, but tell the whole story. Mr. McMaster: OK. If you add it all up, the Gables and the County are about five, and the City is 12. Vice Mayor Plummer: No, sir, absolutely wrong. Mr. McMaster: Yes, sir. Vice Mayor Plummer: In Coral Gables, you're now paying how much for garbage? About six i hundred dollars ($600)? Mr.Odio: Yes. Vice Mayor Plummer: OK. You're also paying special assessments. Tell the whole story, Jim. Be honest. Mr. McMaster: I... I... Well, that's one thing that I am going to try and get into. I do want to find out, seriously. If you live in a multifamily unit in the City or commercial, your garbage is not picked up, so you don't get the advantage of our very low garbage fees. It's a hundred and sixty dollars ($160) a year, it's subsidized by the general fund... Vice Mayor Plummer: That's right. Mr. McMaster: The County is three hundred and fifty or something, and they're lowering it by fifty. 212 September 14, 1995 I Mayor Clark: Four hundred and sixty. Vice Mayor Plummer: It's four -sixty and going to six hundred. Mr. McMaster: No, they're going down. Vice Mayor Plummer: No, they're going up. Mr. McMaster: The County. But what I would like to find out is, how does our tax rate match other municipalities? Because when you get your tax bill, you see Dade County. And the fact is, Dade County does the schools, they do the libraries, they do the water and sewer, they do the major streets. You know, Dade County, because of our unique... Mayor Clark: What do you mean they do the schools? The School Board does the schools. Vice Mayor Plummer: The school has their own, Jim. Mr. McMaster: Then I'm saying Dade County and the School Board handle many of the areas that the City of Miami used to handle. What we have come down to is... Mayor Clark: How can you say that? Mr. McMaster: Pardon me, sir? Mayor Clark: How can you say that the School Board... we handled those obligations there? Mr. McMaster: No, no, I'm sorry, I'm just speaking too fast. What I'm saying is... Mayor Clark: Well, just be perfect and don't stumble. Mr. McMaster:... is the City of Miami does not have its own schools. It does not... Mayor Clark: Never did. Mr. McMaster: It does not have its own water and sewer department. Mayor Clark: It did. Mr. McMaster: It does not have its own courts. Mayor Clark: No. Commissioner Gort: Right. Mr. McMaster: It does not have its own library system. Commissioner Gort: Right. Vice Mayor Plummer: We gave it away. Commissioner Gort: Wait, wait a minute. Mr. McMaster: I mean, you can go down the list. And what I'm getting to is, we have a special form of County Government where, when you get your tax bill, there is a large County tax bill 213 September 14, 1995 on there, the large school tax bill, as we all know, and then there's also a large City tax bill. The fact is, is that if you look at what the City is providing the average resident at 12 mills... Commissioner Gort: Well, let me stop you for a minute. Let me stop you for a minute. I'd like to do a comparison. What does the County provide for you? Do they provide police, fire, sanitation and... Mr. McMaster: Yes, mm-hmm. Commissioner Gort: They do that? Mr. McMaster: Mm-hmm. Commissioner Gort: In the City of Miami? Mr. McMaster: No, no. What... What I'm saying is we are being doubly taxed. Commissioner Gort: Well... Vice Mayor Plummer: No. Mr. McMaster: That if tomorrow, the City of Miami didn't exist, our tax rate would be much lower. Vice Mayor Plummer: No, no, no. Wait a minute. Commissioner Gort: Your taxes would go up, because then in order to provide the services that we provide, they would have to pay for it. Come on, you know that. Vice Mayor Plummer: Jim, are you aware the County has two taxing bills? Mr. McMaster: Right, I do know, yes, yes. Vice Mayor Plummer: They have one for regional services, and they have one for municipal type services that they provide. Now, what does the County provide for us? They provide the regional services of the bridges, main arterials, the jail, the courts and all of that through the Regional Home Rule Charter. This man is an expert on that. Mr. McMaster: Right. Vice Mayor Plummer: The extra one, which Dade League of Cities was the one that implemented, was, in fact, the one that says, hey, fire service, police service that you provide exclusively in the unincorporated area, separate tax bill. Mayor Clark: That's right. Vice Mayor Plummer: OK? Mr. McMaster: Right. Vice Mayor Plummer: Now, let me give you one other example, and maybe it will help you. The difference between the City of Miami and the City of Coral Gables. Mano, what is the average assessed value of a home in the City of Miami? 214 September 14, 1995 L Mr. Surana: Seventy... Vice Mayor Plummer: Give it to me. Hey, I don't need it to the exact penny. Mr. Surana: OK. Our taxable base is sixty-three thousand. Vice Mayor Plummer: OK. I think that you will find in the City of Coral Gables, and the reason their millage is able to be lower is because of the fact their average home is in the neighborhood of about a hundred thousand dollars ($100,000). They raise more money with less millage because their assessments are so high. OK? So just... I'm trying to help you. Mr. McMaster: Well, no, I do understand, but I think that's the problem we are facing. Everyone is picking on the City Manager after what's happening with Gusman, but we are... Vice Mayor Plummer: That's what we pay for, to pick on him. Mr. McMaster: ... we are finally at the point where... You know, my point is, the City just doesn't have the money. Let... Mr. Odio: Well, you keep saying that, and I keep telling you, you are wrong. And I don't know what you are an expert in... Mr. McMaster:. OK. Now, my... Mr. Odio: ... but in finances, you are not. Mr. McMaster: My understanding, the six million dollars ($6,000,000) from the Motor Pool that you sold recently went directly into the general fund. I heard you say that at a recent Commission meeting. Mr. Odio: Yes, I did. And we saved four million dollars ($4,000,000) by combining the Motor Pools and did not build a new one. You need to get more information before you stand up here, and you make accusations or affirmations on which you don't know anything about. Mr. McMaster: But why didn't the six million go in the reserve fund? If we have all this money, the six million should have been in the reserve fund. Mayor Clark: All right. Mr. Odio: Sir, you... Again, I'll repeat. I haven't seen you for a year. You were here last year, but I haven't seen you all this whole year. You want me to tell you the story about the City of Miami, what we have done this year? And then you can come here. Mr. McMaster: No. I know you're moving very quickly, but I also know that you're selling Garage number five, you're selling the Central Trash... the Central Trash Station. You're... Mayor Clark: We're not getting anything for the Garage. Mr. McMaster: I know, sir. It loses seven hundred and fifty thousand dollars ($750,000) a year. Mayor Clark: We're putting that money in trust. Mr. McMaster: You're selling the Miami Springs Golf Course. 215 September 14, 1995 Mayor Clark: We're not... Mr. McMaster: I mean, the City is moving very quickly... Mayor Clark: Where are you getting all your information? You're just going off half cocked every place you turn. Mr. McMaster: Today... Mayor Clark: Who said we're selling the Miami Springs Golf Course? Mr. McMaster: Was it on today's agenda, sir? Mayor Clark: Yeah, but does that mean we sold it? Mr. McMaster: Well, you're talk... you're discussing it. Mayor Clark: Oh. Commissioner Gort: Mr. Mayor, why don't you let him finish with his presentation. That's it. Mayor Clark: OK. Mr. McMaster: What I actually came up here to say was that when I was up here last year, I brought up the issue of the debt service and the park bonds went up 50 percent in one ,year. Commissioner Gort: How much longer are we going to be here? Mayor Clark: I don't know. Mr. McMaster: The debt service went up two hundred and eighty thousand dollars ($280,000) in one year. Sunshine State bonds went up two hundred and thirty. The debt service in that went up two hundred and thirty thousand in one year, for a total increase, just in those two, of a half a million dollars a year that the general fund has to pay on debt service. Mr. Odio: In the meantime, Mr. McMaster, the budget went down thirty-six point four million dollars ($36.4 million). Now, you can say that all you want, but you tell the public that we reduced the budget by thirty-six point four million dollars ($36.4 million), sir. Mr. McMaster: I understand you had to. Mr. Odio: OK, so... We didn't have to. We did it because we're being more efficient. Mr. McMaster: I must say, Mr. Surana's quote in the article about the Miami City... Miami government became too bloated with City workers to function effectively, I mean, that's... Mayor Clark: OK. All right. Listen, we're talking about the budget. Anything further, Jim? Vice Mayor Plummer: Can I... Mr. McMaster: Yes, sir, yes, sir, I have something further. Vice Mayor Plummer: Can I make a statement to correct the record? I'm informed by two residents of Coral Gables that I downgraded them. The average assessment in Coral Gables is 216 September 14, 1995 close to one seventy, a hundred and seventy thousand dollars ($170,000), or roughly a hundred thousand more than the City of Miami, so I stand corrected. Mr. McMaster: No, I do understand. That's the problem of most cities in this country, is they have a tax base problem. Their tax base is shrinking. Vice Mayor Plummer: Well, let me give you one other. Mayor Clark: Well, what's your other... Wait a minute. What's your... We have other people who want to speak here. Vice Mayor Plummer: Well, I think it's important that he knows some of the facts, OK? No City in the State of Florida that I have researched has the major problem that this City has, and that problem is that out of a possible fifteen billion dollar ($15,000,000,000) assessment in this City, in real estate, ad valorem, 31 percent is tax exempt. No other City in the State of Florida has as much Federal buildings, hospitals. Commissioner Dawkins: You exempt... And you're exempting more by giving the County more buildings off the tax roll. Go right ahead, J.L. Vice Mayor Plummer: Sir, you know, you're talking about hospitals, churches, twenty-five thousand. Every time you turn around... Do you know, for example, profit -making cemeteries _ __._...._....._ . that are worth twenty -million dollars ($20,000,000) are tax exempt? Do you know private schools, who are making a great profit, are tax exempt? Because the legislature has a thing that says if you are providing a public service, you can file for tax exemption. Thirty-one percent of our taxable base is exempt. That is incredible. There's no other City in the State of Florida like that. And yet, we can't change it, because it's the State legislature who passed that. I don't know that the City of Coral Gables has five percent of their property exempt. Mayor Clark: Jim, you got anything further? Mr. McMaster: Yes, sir. Well, that's my whole point. I think the City has to accept the fact that with the decrease in Federal funding, which is going to continue to go down, with the decrease in State funding, with the falling tax base, that the City of Miami has to accept the fact that one by one, the services are being taken over by the County or privatized. We're... Mr. Odio: That is incorrect, sir. Mr. McMaster: We're discussing privatizing. We privatized garbage collection... Mr. Odio: We are not privatize... We are not giving any services to the County. Mr. McMaster: Garbage collection was privatized last year... Mr. Odio: No, we did not, sir. Mr. McMaster: ... for multifamily and for commercial. Mr. Odio: Where have you been? Mayor Clark: I don't know where you're getting all this information. You come off like a wild man out of a Borneo, you know, somewhere. Mr. McMaster: Yeah, but, sir, sir you picked up multifamily garbage all the last couple of years... 217 September 14, 1995 i I Mayor Clark: Who said we're giving away the Garbage Department? Y g Y Mr. McMaster: Pardon me? Commissioner Gort: You're talking about tipping fee. Mayor Clark: Who said we're selling the golf course? You come up with all these... You're trying to confuse the people. Mr. McMaster: No, I'm talking about all those green bins that had the City of Miami seal on them. You were picking up multifamily and commercial garbage for many years, and losing money, and so you dropped it. Mayor Clark: Why, sure. That's the smart thing to do. Mr. McMaster: You know, you only pick up single-family and duplex garbage in the City of Miami. Mr. Odio: Yes, so does the County. Mr. McMaster: And we do very well. As I mentioned a little earlier, at the last two meetings, you floated a hundred and twelve million two hundred thousand dollars ($112,200,000) worth of bonds. That does not include the refinancing of fifteen million -five. It does not include the tax anticipated notes. So in two meetings, you float a hundred and twelve million two hundred thousand dollars ($112,200,000) in bonds, and how much is this going to cost us in every year? Can we afford to goat more bonds and pay the debt service? Commissioner Gort: If you look at your chart, we have not increased it any. We have reduced it. Mr. McMaster: No, I... Commissioner Gort: The debt service, look at it. Mr. McMaster: I'm saying the Sunshine State pool, the stuff you approved today. Commissioner Gort: Look at it, look at it. And then when you look at it, you can analyze it and come back. Mr. McMaster: Well, you're right. Commissioner Gort: Your answer is right there. Mr. McMaster: In the budget, these two figures are being refinanced, so it does go down to zero. But next year, we'll have more figures. I thank you. Commissioner Gort: Next year we'll see. Mr. McMaster: Thank you. Commissioner Gort: Next. Mr. Mariano Cruz: No, I heard something about mentioning relations with the County. How come the City is always even helping the County, and these other cities and State and School 218 September 14, 1995 Board? Because like in Allapattah, I mean, Northwest 20th Street, it's a major arterial, and you drive 20th Street, and, you know, it needs marking, they need a lot of work on that street. Even right there across from the Burger King, 1301 20th Street, it's a pothole which got grass growing there. I think it's up to somebody from the NET (Neighborhood Enhancement Team) to go drive by there every day, and you see there potholes on 20th Street, no markings on the street, you know. It's a major arterial. The other day I was visiting somebody in Jackson Hospital. There was a hazardous material leak from there. When I came out, there were about eleven pieces of fire equipment from the City of Miami. Does Jackson pay anything to the City? Vice Mayor Plummer: On false alarms, yes., Mr. Cruz: They pay... No, no, no. Vice Mayor Plummer: If it's a false alarm, yes. The same as Mercy Hospital and the rest of them do, yes, sir. Mr. Cruz: They pay... No, no, but it was... It was a leak. I mean, some kind of gas. Commissioner Gort: If there's a fire. Vice Mayor Plummer: If there's a fire, no. That's what they're there for and they pay their taxes for. Mr. Cruz: They pay taxes, Jackson? Vice Mayor Plummer: Well, I'm sorry. That's where the public... Mr. Cruz: Well, that's what I'm mentioning. But what I'm saying is... But eleven pieces of equipment, "mira," that's a lot of... And... Vice Mayor Plummer: We had a major problem at Mercy, and that problem was, in fact, because they were having false alarms. Mr. Cruz: Another thing with the School Board. You were a witness to that. Vice Mayor Plummer: Oh, yeah. Mr. Cruz: Because the School is always asking the City for things. And I remember October 1978... Vice Mayor Plummer: Excuse me, excuse me. May we show the speaker a courtesy, please? Commissioner Gort: Right. Vice Mayor Plummer: Thank you. Mr. Cruz: I remember October 1978, when you went in front of the School Board asking for the land of the Highland Park Elementary, and that lot is still vacant there. They never gave it to you to do anything with that. I was there, I remember that. So they always asking us, and whenever the City goes there, they never give us anything. It is time to go tic for tac, a two-way street, with every... in County, Federal or State or whatsoever it was. Because, I mean, we can't afford to be subsidizing all these other places. Vice Mayor Plummer: OK. Thank you, sir. You finished? 219 September 14, 1995 Mr. Odio: I just want to say something. Vice Mayor Plummer: Let me commend him. You know, he is the only one that, as many years as I've been around here, who has the interest of this community to come here when... might not agree with him, but by God, he represents the community for which he comes from. He represents them well, and I'll tell you something, I take my hat off to you. We agree most of the time. We agree most of the time. But let me tell you, you're the only one that's consistent. All right. Who else wishes to speak? Guy? Mr. Odio: I need to say something, please, because, Commissioner, you know, there are things that are said here that... This Commission meeting is shown over and over on TV, and there are some people that are trying to mislead the public. The debt ratio of the City of Miami right now is one point seven percent of the 15 percent allowable. We are allowed to have a debt by... and this is by the rating agencies who are experts in the financial field, and who recommend to the bond buyers to buy or not to buy bonds from the City of Miami. We could sell two point six billion dollars ($2.6 billion) in debt and still be within the framework that we're given. So let's not mislead the public by throwing numbers around, especially when you don't know what you're talking about, please. Thank you. Vice Mayor Plummer: Guy Sanchez. ___-._.._Mayor Clark: All -right— What else do we have? We.got.these... Yes. Mr. Guy Sanchez: Yes. Vice Mayor Plummer: I'm sorry. I didn't know you were back, Mr. Mayor. Mr. Sanchez: Mr. Mayor and City Commission, my name is Guy Sanchez. I'm a member of the Budget and Finance Review Committee. Mayor Clark: Yes, sir. Mr. Sanchez: I'm speaking on behalf of the committee and the Chairman, Richard Berkowitz. He could not be here today because he's in Australia, so I'm doing the report for him. I'll be short and sweet. You have a copy by now of the report... Mayor Clark: We have it. Mr. Sanchez: ... of the things we did this year. As you know, the Committee was formed in 1994. It was too late to do anything with the '94195 budget, so at that time, we set the objectives for the future of the Committee. This year, we met with seven different departments of the City, and we want to appreciate the cooperation given by the City Manager's staff, especially the Budget and Finance Department, Mano and Dipak Parekh and Phil Luney, the cooperation given to us. I think it was a very educational year, and the exchange we had with the different departments in requesting information and exchanging comments and suggestions was very beneficial for the City and for ourselves. I am not going to be going into specifics, but if you look at the recommendations we have in the report, you will find our comments that were mostly two or three philosophical and practical recommendations in regards to the budget process, and a couple of recommendations in regards to the preparation of the budget books. Cesar, I hope you take it not as a criticism, but an enhancing couple of points in showing additional... Mayor Clark: I think one of the best parts of this thing is I like to see when other people are involved. It says, "The support, assistance and cooperation of the full Union appears to be invaluable." 220 September 14, 1995 _1 Mr. Sanchez: Right. That's a very critical one. Mayor Clark: "We do not believe the City Administration could present a budget containing a thirty-six point four million dollar ($36.4 million) reduction without the cooperation and support of the Unions. This invaluable relationship must continue for the City to meet the many challenges of the future." Excellent. You know, that's that. Thank you. Mr. Sanchez: So if you have any questions, we'll be available at any time to answer them, but I appreciate again the cooperation and for the way the budget was prepared, and we wish you a good budget year. Thank you. Mayor Clark: Guy, you're invaluable. We appreciate it. Mr. Sanchez: Thank you. Mayor Clark: Thank you, sir. All right. You have these ordinances to pass now? Mr. Surana: Yes, sir. Item number 58-A, adoption of the millage. Vice Mayor Plummer: I so move. _..__...... -Commissioner Gort: ..Second. Mayor Clark: Read the ordinance. Call the roll, Mr. Clerk. An Ordinance entitled - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; CONTAINING A SEVERABILITY CLAUSE. 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 Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 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. 221 September 14, 1995 NOTE FOR THE RECORD: Although --absent during roll call, Commissioner De Yurre requested of the Clerk to be shown in agreement with the motion. Vice Mayor Plummer: What's the next item? Mr. Surana: Item number 58-B, adopting the budget. Vice Mayor Plummer: So move. Commissioner Gort: Second. i Mayor Clark: All right. Read the ordinance. All right. Call the roll, Mr. Clerk. An Ordinance entitled - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1996; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner De Yurre requested of the Clerk to be shown in agreement with the motion, -- 222- - _ September 1.4, 19F95 - t F - --------------------- 67. (A) - --- -- --- - -- - -- PUBLIC HEARING CONCERNING PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR DOWNTOWN DEVELOPMENT AUTHORITY (DDA). (B) FIRST READING ORDINANCE: FIX MILLAGE AT FIVE -TENTHS (.5) MILLS AND LEVY TAXES IN DOWNTOWN DEVELOPMENT DISTRICT FOR FY OCTOBER 1, 1995-SEPTEMBER 30, 1996. (C) FIRST READING ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY FOR FY OCTOBER 1, 1995-SEPTEMBER 30, 1996. Mayor Clark: Next item, Mr. Surana. Vice Mayor Plummer: What's the next item, Mano? Mr. Surana: It's the DDA (Downtown Development Authority). Vice Mayor Plummer: No, no, no. We're going to... We're going to defeat DDA. Commissioner Gort: Move it. Vice Mayor Plummer: That was in the past. Second. Mayor Clark: Is there an ordinance? Vice Mayor Plummer: Well, does anybody wish to speak on the DDA budget? Let the record reflect no one came forth. Mayor Clark: Read the ordinance. Vice Mayor Plummer: Mano, this is only first reading. This is only first reading. Don't congratulate yourself. Mayor Clark: Call the roll, Mr. Clerk. 223 September 14, 1995 An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE TAXES SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, 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 Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner De Yurre requested of the Clerk to be shown in agreement with the motion. Mayor Clark: What's the other item? Vice Mayor Plummer: What's the next one? A. Quinn Jones, III, Esq. (City Attorney): 59-B, which is the appropriations of DDA. Vice Mayor Plummer: Move it. Commissioner Gort: Which one? 224 September 14, 1995 Vice Mayor Plummer: Appropriations. Commissioner Gort: Second. Mayor Clark: For the Downtown Development Authority? Mr. Jones: Yes. Mayor Clark: It's a resolution, right? Mr. Jones: No, it's an ordinance. Vice Mayor Plummer: One is the budget, one is the appropriations. Mayor Clark: Please be quiet, folks. Vice Mayor Plummer: Hey, guys, slow down. Mayor Clark: Call the roll, Mr. Clerk. An Ordinance entitled - AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING' SEPTEMBER 30, 1996 FOR THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 225 September 14, 1995 f, I 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. ----------------------------------------------------------------------------------------------------------------- 68. APPROVE MIAMI SPORTS AND EXHIBITION AUTHORITY PROPOSED 1995-1996 OPERATING BUDGET. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Next item. Mayor Clark: It's a resolution, right? Mr. Manohar Surana: It's the budget for the Miami Sports Authority. Vice Mayor Plummer: Oh, no, turn it down. Mayor Clark: What is this here? A resolution of the Board of Directors approving the annual budget of the Downtown Development Authority. This is Resolution Number 95... Do we have to pass that? Commissioner Gort: I don't know. Mayor Clark: No, this, is a... It's in the book. We need a motion on this, Willy? Vice Mayor Plummer: What? Move it. Mayor Clark: It's a resolution here. Vice Mayor Plummer: For what? Commissioner Gort: Second. Vice Mayor Plummer: For the DDA (Downtown Development Authority) or... Mayor Clark: Yeah, for the DDA. Mr. Surana: For the Sports Authority. A. Quinn Jones, III, Esq. (City Attorney): Sports Authority. 226 September 14, 1995 Commissioner Gort: We passed the DDA. Vice Mayor Plummer: We passed that, Mr. Mayor. Mayor Clark: Look at this damn thing, will you. For Christ's sake, you blind? Vice Mayor Plummer: The Mayor is asking a question. j Mr. Jones: Item 60 is a resolution approving the administrative budget for the Sports and Exhibition Authority. Vice Mayor Plummer: That's not what the Mayor is talking about. Mayor Clark: You didn't pass this resolution. You passed two ordinances. Vice Mayor Plummer: Don't look at me. You're the high priced help. Commissioner Gort: What's the problem? Vice Mayor Plummer: What is it he's got there? You all are congratulating yourselves and you haven't even gotten through the first motion. It's not theirs, Mr. Mayor. Mayor Clark: Well, who... Vice Mayor Plummer: It's from Pahokee, Florida. Who the hell... Commissioner Gort: We passed it already. Mayor Clark: We didn't pass that. Vice Mayor Plummer: What is it? Mr. Jones: That's... Mr. Mayor, that's DDA. You've passed both ordinances setting the millage and the appropriations for DDA. Mayor Clark: All right. The Miami Sports Authority. Vice Mayor Plummer: I move it. 1 Commissioner De Yurre: Second. Mayor Clark: All right. Read the ordinance. Vice Mayor Plummer: For half the amount. Mayor Clark: Read the ordinance. Mr. Jones: It's a resolution. Vice Mayor Plummer: It's a resolution. Call the roll in a hurry. 227 September 14, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-665 A RESOLUTION WITH ATTACHMENT(S), APPROVING THE MIAMI SPORTS AND EXHIBITION AUTHORITY PROPOSED OPERATING BUDGET FOR YEAR ENDING SEPTEMBER 30, 1996, ATTACHED HERETO AND INCORPORATED HEREIN. (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 Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Miller J. Dawkins ------ ---------------------------------------------------------------------------------------------------- 69. APPROVE BAYFRONT PARK MANAGEMENT TRUST OPERATING AND MAINTENANCE BUDGETS FOR FY 1995-96. Mayor Clark: Is that all we have? Vice Mayor Plummer: What's the next one? Mr. Manohar Surana: Bayfront. Vice Mayor Plummer: I move Bayfront Park. Commissioner Gort: Uh-uh. 228 September 14, 1995 L Vice Mayor Plummer: No. Then I want to go back and talk about the other two. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Is that an ordinance or resolution? A. Quinn Jones, III, Esq. (City Attorney): It's a resolution, Mr. Mayor. Mayor Clark: Cast a unanimous ballot, if there's no exception. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-666 A RESOLUTION, WITH ATTACHMENT, APPROVING THE BAYFRONT PARK MANAGEMENT TRUST OPERATIONS AND MAINTENANCE BUDGETS FOR FISCAL YEAR 1995-1996 (ATTACHED HERETO AND MADE A PART HEREOF). (Here follows body of resolution, omitted here and on file I 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: None. Commissioner Miller J. Dawkins ---------------------------------------------------------------------------------------------------------------- 70. APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FY OCTOBER 1, 1995-SEPTEMBER 30, 1996, IN THE AMOUNT OF $767,606, EXCLUDING DEPRECIATION -- TO PROVIDE FOR OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. Mayor Clark: Next item. Mr. Manohar Surana: Gusman budget. Vice Mayor Plummer: What? A. Quinn Jones, III, Esq. (City Attorney): Gusman and Olympia Enterprise Fund Budget. Commissioner Gort: No passing. 229 September 14, 1995 Vice Mayor Plummer: Well, I thought we'd already done Gusman. Commissioner De Yurre: We're done. Mr. Surana: That's not general fund. This is their budget. Vice Mayor Plummer: Then I move it. Let's get it over with. Commissioner De Yurre: Second. Mayor Clark: Is it an ordinance or a resolution? Mr. Jones: It's a resolution. Mr. Surana: Resolution. Mayor Clark: If there's no exception, Mr. Clerk, cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-667 A RESOLUTION, WITH ATTACHMENT, APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996 IN THE AMOUNT OF $767,606, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. (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 Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Miller J. Dawkins 230 September 14, 1995 ---------------------------------------------------------------------------------------------------------------- 71. VICE MAYOR PLUMMER THANKS MANAGEMENT AND BUDGET DEPARTMENT FOR COMMENDABLE JOB ON FY'96 BUDGET. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Mr. Mayor, let me just say to the staff of the Management and Budget Department, you have carried us a long way, and year after year, you have done a job that is to be commended. I got to tell you that I don't know of any other City that has been able to hold the line with things as tough as they are, and 1, for one, as a taxpayer and a homeowner in this City, I want to say thank you. Commissioner Gort: Aye, aye. ---------------------------------------------------------------------------------------------------------------- 72. WAIVE COMPETITIVE SEALED BIDS FOR EMERGENCY REPAIR OF IRRIGATION SYSTEM AT CURTIS PARK -- AUTHORIZE MANAGER TO AWARD CONTRACT ($15,000) EXPEDITIOUSLY. ---------------------------------------------------------------------------------------------------------------- Commissioner De Yurre: Mr. Mayor, I have two pockets, quickly. A resolution... Mayor Clark: Forget it, no. Vice Mayor Plummer: No, no, you've got to be kidding. No, no, no. Commissioner De Yurre: They have nothing to do with me. I need them. Vice Mayor Plummer: No, no. Commissioner De Yurre: By a four -fifths vote, affirmative vote of the City Commission waiving formal competitive bidding procedure for emergency repair of the irrigation system at Curtis Park, authorizing the City Manager to proceed with an award of a contract as expeditiously as practicable in an amount not to exceed fifteen thousand dollars ($15,000). Vice Mayor Plummer: Thirty thousand for irrigation? Commissioner Dawkins: How much? Commissioner De Yurre: Fifteen. I would so move. Commissioner Dawkins: Move it. Commissioner De Yurre: They need it for the football season. They need to fix up the field. Commissioner Gort: Second. Commissioner Dawkins: Second. Mayor Clark: Cast a unanimous ballot. 231 September 14, 1995 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-668 A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE CITY COMMISSION, WAIVING FORMAL COMPETITIVE BIDDING PROCEDURES FOR THE EMERGENCY REPAIR OF THE IRRIGATION SYSTEM AT CURTIS PARK; AUTHORIZING THE CITY MANAGER TO PROCEED WITH HE AWARD OF A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $15,000 AND IN AS PRACTICABLE AND EXPEDITIOUS A MANNER AS POSSIBLE; ALLOCATING FUNDS THEREFOR FROM A FUNDING SOURCE TO BE IDENTIFIED BY THE CITY MANAGER. (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. ---------------------------------------------------------------------------------------------------------------- 73. CHANGE STARTING TIME FOR SEPTEMBER 28TH COMMISSION MEETING TO 3:00 P.M. Mayor Clark: What else? Commissioner De Yurre: Second, an emergency ordinance amending Section 1 of Ordinance Number 11205, as amended, adopted November 17, '94, the capital improvements appropriation ordinance, thereby increasing appropriations in an amount not to exceed seventy-nine thousand eight hundred ninety-three dollars ($79,893) for the capital improvement project entitled "Overtown Shopping Center Renovations," Project Number 322059, containing a repealer provision and a severability clause... Vice Mayor Plummer: We already done that one, Victor. Commissioner Dawkins: We already did that. 232 September 14, 1995 Vice Mayor Plummer: We've already done it. A. Quinn Jones, III, Esq. (City Attorney): We took care of that, Commissioner. Commissioner De Yurre: OK, wonderful. Mr. Jones: Mr. Mayor, before you adjourn, you need to take a roll - excuse me - a vote on changing the meeting of, I guess it's September 28th to start at three o'clock. Commissioner Dawkins: September or October? Mr. Jones: No. September 28th is being changed to start at three o'clock. Vice Mayor Plummer: So move. Commissioner Dawkins: Second. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-669 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF SEPTEMBER TO TAKE PLACE ON SEPTEMBER 28, 1995, COMMENCING AT 3:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 233 September 14, 1995 ` 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. I ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 74. (Continued Discussion) SCHEDULE BOTH REGULAR AND PLANNING & ZONING MEETINGS IN OCTOBER ON THE 26TH. (See label 63) ---------------------------------------------------------------------------------------------------------------- A. Quinn Jones, III, Esq. (City Attorney): And you need to take a vote on... Mayor Clark: To one meeting in October, October 26th. Mr. Jones: October 26th. Vice Mayor Plummer: Mr. Mayor, is it possible... Mayor Clark: Is there a motion and a second? Vice Mayor Plummer: Let me ask a question. Is it possible we can combine to one meeting in October? Mr. Jones: We did. Mayor Clark: That's what we're doing. Commissioner Dawkins: That's what he... Where have you been? That's what he just said. Mr. Jones: That's what you're doing. Vice Mayor Plummer: Oh. Mr. De Yurre and I... Mr. De Yurre and I are going to be busy during that month. Mayor Clark: October the 26th. Well, I'll just be... Vice Mayor Plummer: That's right. Are we adjourned? Mayor Clark: Yes, sir. Mr. Jones: Did you take a roll call, a roll call on the vote? Commissioner Dawkins: I vote yes. 234 September 14, 1995 I Mayor Clark: Listen, wait a minute, Miller. Mr. Walter Foeman (City Clerk): I need a roll call, Mr. Mayor. Mayor Clark: On the 26th. 26th. Commissioner De Yurre: Meanwhile, I appoint Earl Caroll to the TUCOM (The Unity Council of Miami) Committee. That's my appointment. Mayor Clark: Cast a unanimous ballot. Mr. Jones: Unanimous ballot on both. OK. Mayor Clark: Call the roll on that change to the 26th of October. Roll call. Mr. Walter Foeman (City Clerk): You want me to call the roll call on it? Mayor Clark: Yes, sir. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-670 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF OCTOBER TO COMMENCE AT 9:00 A.M. ON OCTOBER 26, 1995; FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF OCTOBER TO COMMENCE AT 4:30 P.M. ON OCTOBER 26, 1995. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 235 September 14, 1995 —1 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort NAYS: ABSENT: Mayor Clark: Cast a unanimous ballot. Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark None. None. ---------------------------------------------------------------------------------------------------------------- 75. (A) (Continued Discussion) AMEND 95-456, ESTABLISHING THE UNITY COUNCIL OF MIAMI (TUCOM) -- APPOINT EARL CARROLL TO SERVE ON TUCOM. (See label 10) (B) APPOINT SANTIAGO ECHEMENDIA TO SERVE ON THE MIAMI RIVER COORDINATING COMMITTEE. Commissioner De Yurre: I also appoint Santiago Echemendia to the Miami River Coordinating Committee. Commissioner Dawkins: Second. Mayor Clark: Cast a unanimous ballot. 236 September 14, 1995 The following resolutions were introduced by Commissioner De Yurre, who moved their adoption: RESOLUTION NO. 95-671 A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 95-456, ADOPTED JUNE 1, 1995, RELATING TO THE ESTABLISHMENT OF THE UNITY COUNCIL OF MIAMI ("TUCOM") THEREBY (A) AMENDING THE REQUIREMENTS FOR MEMBERSHIP IN TUCOM, (B) PROVIDING FOR THE ESTABLISHMENT OF A BOARD OF DIRECTORS CONSISTING OF ELEVEN (11) MEMBERS; FURTHER APPOINTING THE MEMBERS OF THE BOARD OF DIRECTORS OF TUCOM. RESOLUTION NO.95-671.1 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI RIVER COORDINATING COMMITTEE FOR A TERM OF OFFICE AS SPECIFIED HEREIN. (Here follows body of resolutions, 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. Vice Mayor Plummer: I move we adjourn. 237 September 14, 1995 Mayor Clark: It's six -thirteen. Show us adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:13 P.M. Stephen P. Clark MAYOR ATTEST: Walter Foeman CITY CLERK Maria Josephine Argudin ASSISTANT CITY CLERK 238 September 14, 1995