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Home My WebLink AboutCC 1994-09-08 MinutesMYAMI c 0 m ISSION A I T UE VaLL OF MEETING HELD ON SEPTEMBER 8, 1994 REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk ITEM NO. 1. E 2(A) 2(B) 2(C) 2(D) SUBJECT INDEX MINUTES OF REGULAR MEETING September 8, 1994 LEGISLATION PAGE NO. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION SPECIAL ITEMS. 9/8/94 GENERAL COMMENTS ON CONSENT DISCUSSION AGENDA ITEMS. 9/8/94 BRIEF COMMENTS CONCERNING DISCUSSION PROPOSED RESOLUTION TO ACCEPT BID 9/8/94 OF ACTION LAND DEVELOPMENT CORPORATION FOR HAULING 140 LOADS OF RUBBLE FROM A PUBLIC WORKS STORAGE AREA TO A LEGITIMATE DUMP SITE. (See label 2.3) DISCUSS AND DEFER CONSIDERATION DISCUSSION OF PROPOSED RESOLUTION TO 9/8/94 AUTHORIZE PAYMENT OF ADDITIONAL FEES TO McCRARY AND MOSLEY TO CONTINUE ITS REPRESENTATION OF THE CITY OF MIAMI WITH RESPECT TO THE ST. HUGH OAKS VILLAGE PROJECT. CLARIFYING COMMENTS CONCERNING DISCUSSION PROPOSED RESOLUTION TO AUTHORIZE 9/8/94 AGREEMENT WITH PEER CONSULTANTS, P.C. TO PROVIDE TECHNICAL SUPPORT IN DEVELOPMENT / PERMITTING OF THE VIRGINIA KEY YARD WASTE MULCHING AND COMPOSTING FACILITY. 1-2 2-3 4-5 �3 C� DISCUSS AND DEFER CONSIDERATION M 94-605 9-11 OF PROPOSED RESOLUTION TO 9/8/94 INITIATE APPROPRIATE LEGAL r PROCEEDINGS AGAINST RALPH D. AND GAIL PACKINGHAM (D/B/A HAIRSTYLES BY MR. RALPH) TO RECOVER LOAN FUNDS. 2(E) 2(F) 2(G) 2(H) 2(I) CLARIFYING COMMENTS CONCERNING DISCUSSION 11-12 PROPOSED RESOLUTION TO EXECUTE 9/8/94 AGREEMENT WITH DOWNTOWN MIAMI t PARTNERSHIP FOR PURPOSE OF REHABILITATING 18 BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE TREATMENT PROGRAM. [Note: Item later adopted - see label 2.11.] BRIEF COMMENTS CONCERNING DISCUSSION 12-13 PROPOSED RESOLUTION TO NEGOTIATE 9/8/94 / ENTER INTO LEASE AGREEMENT WITH BEACON PROPERTY MANAGEMENT CORPORATION (D/B/A BEACON MANAGEMENT COMPANY OF MASSACHUSETTS LIMITED PARTNERSHIP), AGENT FOR CRUZ DEVELOPMENT & ASSOCIATES LTD., FOR THE CITY'S USE OF ROOFTOP SPACE AND INTERIOR EQUIPMENT ROOM FOR CITY -OWNED COMMUNICATIONS EQUIPMENT IN THE BISCAYNE VIEW APARTMENTS BUILDING (915 N.W. 1 AVENUE). (See label 2.17) BRIEFLY DISCUSS AND TEMPORARILY DISCUSSION TABLE CONSIDERATION OF PROPOSED 9/8/94 RESOLUTION TO EXECUTE AGREEMENT WITH ANDRES VARGAS-GOMEZ, CONSULTANT, FOR PROMOTIONAL SERVICES TO BE PERFORMED IN CONNECTION WITH PRE AND POST SUMMIT OF THE AMERICAS 1994 EVENTS. [Note: Issue to be taken up with regular agenda item 33 - see label 34B.] MAYOR CLARK QUESTIONS DISCUSSION ADMINISTRATION ON PROPOSED 9/8/94 RESOLUTION TO AUTHORIZE FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL. (See label 2.5) BRIEF COMMENTS CONCERNING DISCUSSION PROPOSED RESOLUTION TO ACCEPT 9/8/94 DONATION OF CAPITAL IMPROVEMENTS / REPAIRS TO THE MIAMI-ICHIMURA JAPAN GARDEN ON WATSON ISLAND, FROM RICOH, SAN-AI-KAI. (See label 2.13) 13 14 14 2(J) COMMISSIONER PLUMMER QUESTIONS DISCUSSION 14-16 ADMINISTRATION CONCERNING PEOPLE 9/8/94 PRESENTLY LIVING IN RECREATIONAL VEHICLES ON WATSON ISLAND, WHO ARE NOT HOMELESS. 2(K) BRIEF COMMENTS CONCERNING DISCUSSION 16-17 PROPOSED RESOLUTION TO EXECUTE. 9/8/94 LEASE AGREEMENT WITH GROVITES UNITED TO SURVIVE (GUTS), FOR USE BY THE CITY OF SPACE AT 3686 GRAND AVENUE AS A RECREATIONAL FACILITY. (See label 2.15) 2(L) CONSENT AGENDA. DISCUSSION 17-18 9/8/94 2.1 ACCEPT BID: EDWIN M. GREEN, R 94-606 18 INC. -- FOR FURNISHING / 9/8/94 INSTALLATION OF SWIMMING POOL HEATER AND REPLACEMENT OF COOLING AND BUTTERFLY VALVES AT JOSE MARTI POOL -- FOR DEPARTMENT OF PARKS & RECREATION (CIP 331099). 2.2 ACCEPT BID: MIRI CONSTRUCTION, R 94-607 19 INC. ($18,835, TOTAL BID) -- FOR 9/8/94 S.W. 28 AVENUE ALLEY PAVING PROJECT B-4564 -- ALLOCATE FUNDS FROM CIP 341175 -- EXECUTE CONTRACT. 2.3 ACCEPT BID: ACTION LAND R 94-608 19 DEVELOPMENT CORPORATION -- FOR 9/8/94 j HAULING 140 LOADS OF RUBBLE FROM DEPARTMENT OF PUBLIC WORKS' SOUTH FORK STORAGE YARD TO A LEGITIMATE / LEGAL DUMP SITE -- ALLOCATE FUNDS. i 2.4 AUTHORIZE FINAL PAYMENT TO R 94-609 t 20 ANALYSIS CENTRAL SYSTEMS -- FOR 9/8/94 COMPUTER MAINTENANCE SERVICES AND TECHNICAL ASSISTANCE RENDERED TO DEPARTMENT OF POLICE -- ALLOCATE �. FUNDS FROM LAW ENFORCEMENT TRUST FUND (LETF). 2.5 FUND DADE-MIAMI CRIMINAL JUSTICE R 94-610 20 COUNCIL -- ALLOCATE $35,000 FROM 9/8/94 LAW ENFORCEMENT TRUST FUND (LETF). i .. 2.6 FUND VOICES FOR CHILDREN OF DADE R 94-611 20-21 COUNTY, INC. -- ALLOCATE $18,000 9/8/94 FROM LAW ENFORCEMENT TRUST FUND (LETF), 2.7 FUND SPONSORSHIP OF YOUTH CRIME R 94-612 21 WATCH OF AMERICA PROGRAM 9/8/94 ($25,000) -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND (LETF). 2.8 PURCHASE ONE ADDITIONAL SKID R 94-613 21 STEER LOADER (UNDER CITY BID NO. 9/8/94 93-94-098) FOR DEPARTMENT OF PUBLIC WORKS -- FROM NORTH AMERICAN EQUIPMENT SYSTEMS, INC. (D/B/A BOBCAT OF MIAMI) - ALLOCATE FUNDS. 2.9 AUTHORIZE CITY MANAGER TO MAKE R 94-614 I 22 PURCHASE OFFERS AND EXECUTE 9/8/94 AGREEMENTS WITH OWNERS OF FOUR VACANT PARCELS OF LAND LOCATED WITHIN THE CITY'S COMMUNITY DEVELOPMENT TARGET AREAS -- TO BE USED FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW / MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED } SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM -- ALLOCATE FUNDS FROM CDBG PROGRAM. 2.10 RATIFY CITY MANAGER'S EMERGENCY R 94-615 22 ACTION IN AUTHORIZING PURCHASE OF 9/8/94 OFFICE FURNITURE (UNDER EXISTING DADE COUNTY BID NO. 1072-1/95) FROM OFFICE CONNECTION -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE FUNDS. j 2.11 EXECUTE AGREEMENT WITH THE R 94-616 23 DOWNTOWN MIAMI PARTNERSHIP -- FOR 9/8/94 REHABILITATING 18 BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE TREATMENT PROGRAM -- ALLOCATE FUNDS FROM CDBG COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS. i i i; CENTER FOR MUNICIPAL DEVELOPMENT, 9/8/94 INC. TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. BY MR. MARK ISRAEL -- ALLOCATE $38,800, PLUS $4,000 EXPENSES FROM LEGISLATIVE LIAISON GENERAL FUND. 2.13 ACCEPT DONATION OF CAPITAL R 94-618 24 IMPROVEMENTS / REPAIRS (VALUED AT 9/8/94 $38,000) TO THE MIAMI-ICHIMURA JAPAN GARDEN ON WATSON ISLAND FROM RICOH, SAN-AI-KAI -- TO ASSIST CITY IN CONNECTION WITH POST -HURRICANE RESTORATION. (See label 21) 2.14 ACCEPT GRANT ($100,000) FROM R 94-619 24 y' STATE OF FLORIDA DEPARTMENT OF 9/8/94 ENVIRONMENTAL PROTECTION, UNDER THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR IMPROVEMENTS TO PEACOCK PARK -- EXECUTE NECESSARY DOCUMENTS. 2.15 EXECUTE LEASE AGREEMENT WITH R 94-620 25 METROPOLITAN DADE COUNTY FOR 9/8/94 RENTAL OF 4,088 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE) -- AUTHORIZE MANAGER TO GRANT LESSEE OPTION TO y EXTEND. I 2.16 EXECUTE LEASE AGREEMENT WITH R 94-621 25 GROVITES UNITED TO SURVIVE (GUTS) 9/8/94 i FOR USE BY THE CITY OF SPACE AT 3686 GRAND AVENUE, AS A RECREATIONAL FACILITY -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND (LETF). 2.17 AUTHORIZE CITY MANAGER TO R 94-622 NEGOTIATE / ENTER INTO A 15--YEAR 9/8/94 LEASE AGREEMENT WITH BEACON PROPERTY MANAGEMENT CORPORATION (D/B/A BEACON MANAGEMENT COMPANY OF MASSACHUSETTS LIMITED PARTNERSHIP), AGENT FOR CRUZ DEVELOPMENT & ASSOCIATES, LTD. -- FOR THE CITY'S USE OF ROOFTOP SPACE AND AN IN1TERIOR EQUIPMENT ROOM FOR CITY -OWNED COMMUNICATIONS EQUIPMENT IN THE BISCAYNE VIEW APARTMENTS BUILDING (915 N.W. 1 AVENUE) -- ALLOCATE FUNDS. (See label 2F) 2.18 EXECUTE AGREEMENT WITH FILOMENA R 94-623 CERVONE D'URSO, CONSULTANT -- TO 9/8/94 PERFORM THE SERVICES OF INTERNATIONAL TRADE SPECIALIST (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $36,000 FROM INTERNATIONAL TRADE BOARD BUDGET (FY '94-95). 2.19 EXECUTE AGREEMENT WITH CHRISTINA R 94-624 PRADERE -- FOR RECEPTIONIST 9/8/94 SERVICES AT THE INTERNATIONAL TRADE BOARD (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $17,000 FROM ITB BUDGET. 2.20 EXECUTE AGREEMENT WITH MANUEL J. R 94-625 GONZALEZ, CONSULTANT -- TO 9/8/94 PERFORM SERVICES OF SENIOR STAFF MARKETING (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $45,000 FROM INTERNATIONAL TRADE BOARD BUDGET. 2.21 EXECUTE AGREEMENT WITH ROBERTO R 94-626 BERRIOS, CONSULTANT -- TO PERFORM 9/8/94 SERVICES OF ECONOMIC AND TRADE DATA ANALYST (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $31,920 FROM INTERNATIONAL TRADE BOARD BUDGET. �y 26 r { f { 1 y L I 26 i 27 27 28 i• 2 2.22 EXECUTE AGREEMENT WITH OMAR DIAZ- R 94-627 28 SALINERO, CONSULTANT -- TO 9/8/94 PERFORM SERVICES OF GRANT SPECIALIST (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $30,000 FROM INTERNATIONAL TRADE BOARD BUDGET. 2.23 EXECUTE AGREEMENT WITH PEER R 94-628 29 CONSULTANTS, P.C. -- TO PROVIDE 9/8/94 TECHNICAL SUPPORT IN DEVELOPMENT AND PERMITTING OF THE VIRGINIA KEY YARD WASTE MULCHING AND COMPOSTING FACILITY (3851 RICKENBACKER CAUSEWAY) -- ALLOCATE $40,500 FROM FY'94 RECYCLING AND EDUCATION GRANT FUND (PROJECT: 197006) -- FOR DEPARTMENT OF GSA & SOLID WASTE. (See label 2C) 2.24 RATIFY CITY MANAGER'S EMERGENCY R 94-629 30 ACTION AS FOLLOWS: (A) RESCIND 9/8/94 BIDS OF TRADE SERVICES INDUSTRIES AND ALLPRO JANITORIAL -- FOR FURNISHING JANITORIAL SERVICES TO SIX OF THE CITY' S NET OFFICES FOR FAILING TO PROVIDE REQUIRED INSURANCE CERTIFICATE -- FOR DEPARTMENT OF GSA & SOLID WASTE; AND (B) AWARD BID TO BEST MAINTENANCE AND JANITORIAL, THE THIRD MOST RESPONSIVE RESPONSIBLE BIDDER, FOR FURNISHING SAID SERVICES. 2.25 RATIFY CITY MANAGERS'S EMERGENCY R 94-630 31 ACTION IN .AUTHORIZING CLEAN UP OF 9/8/94 THE STORM SEWER OIL -WATER SEPARATOR (UNDER EXISTING DADE j COUNTY BID NO. 1251-4/89-2), BY PETROLEUM MANAGEMENT, INC. -- FOR DEPARTMENT OF GSA & SOLID WASTE / FLEET MANAGEMENT DIVISION -- ALLOCATE $48,896. t 3 . 4. 5. 6. 7. 8. GRANT REQUEST BY MRS. VERA R 94-631 31-32 BARROUIN MACHADO, CONSUL GENERAL 9/8/94 OF BRAZIL, FOR FEE WAIVER IN CONNECTION WITH USE OF COCONUT GROVE EXHIBITION CENTER TO ENABLE REGISTERED BRAZILIAN VOTERS RESIDING IN SOUTH FLORIDA TO VOTE IN THEIR ELECTION FOR PRESIDENT (OCTOBER 3, 1994). PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 32 SPECIAL ITEMS. 9/8/94 DISCUSSION CONCERNING THE VESSEL DISCUSSION 33-39 "CELEBRATION" -- DIRECT 9/8/94 ADMINISTRATION TO SIT DOWN WITH MR. MIKE DUDIK TO NEGOTIATE A SLIP THAT WILL ACCOMMODATE HIS VESSEL BY NEXT COMMISSION MEETING. ALLOCATE $62,000 IN SUPPORT OF R 94-632 i 40-43 HERMANOS AL RESCATE (BROTHERS TO 9/8/94 THE RESCUE), WHOSE PRIMARY PURPOSE IS TO AID POLITICAL REFUGEES WHO SEEK REFUGE BY CROSSING THE FLORIDA STRAITS Mn COVER PAYMENT OF RENTAL FEES FOR HANGARS AT OPA-LOCKA AIRPORT -- STRONGLY URGE METRO-DADE COUNTY TO MATCH THE CITY'S ALLOCATION. BRIEFLY DISCUSS AND WITHDRAW CONSIDERATION OF STATUS OF MINORITY TENANTS AT BAYSIDE MARKETPLACE -- DIRECT ADMINISTRATION TO PLACE ITEM ON AGENDA FOR FIRST MEETING IN OCTOBER. DIRECT ADMINISTRATION TO COME BACK WITH THE FOLLOWING INFORMATION: (a) TOTAL COST FACTORS ASSOCIATED WITH PRESENT HEALTH INSURANCE BENEFITS EXTENDED TO CITY BOARD MEMBERS, WHICH SPECIFIC BOARD MEMBERS PRESENTLY ENJOY SAID BENEFITS, AND A LIST OF SPECIFIC BENEFITS PRESENTLY BEING GRANTED; AND (b) TOTAL CITY COST IF PRESENT BENEFITS WERE TO BE EXTENDED TO ALL BOARD MEMBERS. DISCUSSION 44 9/8/94 M 94-633 44-48 9/8/94 r 9. (A) RATIFY CITY MANAGER'S FINDING R 94-634 48-50 THAT EMERGENCY NEED EXISTED -- 9/8/94 WAIVE COMPETITIVE SEALED BIDS -- APPROVE INSTALLATION OF FENCE AT BICENTENNIAL PARK BY CARLSON FENCE COMPANY, INC. -- ALLOCATE $12,700 FROM BICENTENNIAL PARK OPERATING BUDGET. (B) STIPULATE NEW CITY COMMISSION POLICY THAT, IN ALL OF THE CITY MANAGER'S FINDINGS THAT AN EMERGENCY EXISTS, ADMINISTRATION IS EXPECTED TO ROTATE SAID AWARDING OF CITY CONTRACTS AMONGST LATINS, BLACKS AND FEMALE OWNED FIRMS. f 10. WAIVE REQUIREMENTS OF CITY CODE R 94-635 50-51 SECTION (2-302) PROHIBITING AN 9/8/94 } EMPLOYEE FROM TRANSACTING BUSINESS WITH THE CITY -- AS IT APPLIES TO MS. DOREEN T. BARHAM TO ALLOW HER. PARTICIPATION IN THE CITY'S SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM. 11. BRIEFLY DISCUSS AND DEFER DISCUSSION CONSIDERATION OF PROPOSED 9/8/94 RESOLUTION TO RATIFY CITY MANAGER'S FINDING OF EMERGENCY AS TO PURCHASE OF 20 MOTORCYCLES FROM SOUTHWEST CYCLE COMPANY, INC., FOR POLICE DEPARTMENT ($149,980). 12. RATIFY CITY MANAGER'S FINDING R 94-636 THAT EMERGENCY NEED EXISTED -- 9/8/94 WAIVE COMPETITIVE SEALED BIDS -- APPROVE REPAIR OF THREE POLICE PATROL VEHICLES -- ALLOCATE $16,044.45 FROM DEPARTMENT OF GSA & SOLID WASTE / MOTOR POOL DIVISION. 13. RATIFY CITY MANAGER'S FINDING R 94-637 THAT EMERGENCY NEED EXISTED -- 9/8/94 WAIVE COMPETITIVE SEALED BIDS -- APPROVE REPAIR OF CITY LEASED VEHICLE FROM TAMIAMI AUTO GROUP -- ALLOCATE $4,844.05 FROM DEPARTMENT OF GSA & SOLID WASTE / MOTOR POOL DIVISION. 51-52 52-53 54-55 14. RATIFY CITY MANAGER'S FINDING OF R 94-638 55-57 SOLE SOURCE -- WAIVE COMPETITIVE 9/8/94 SEALED BIDS -- APPROVE ACQUISITION OF A SERVICE MONITOR FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. -- FOR DEPARTMENT OF GSA & SOLID WASTE / ' COMMUNICATIONS DIVISION -- 1 ALLOCATE $23,850. 15. RATIFY CITY MANAGER'S FINDING R 94-639 57-59 THAT EMERGENCY NEED EXISTED -- 9/8/94 WAIVE COMPETITIVE SEALED BIDS -- APPROVE GRINDING OF LARGE LOGS AND STUMPS STORED AT VIRGINIA KEY YARD WASTE FACILITY BYVOLUME REDUCTION SERVICES - FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $17,700 FROM THE RECYCLING AND EDUCATION GRANT. 16. DENY PAYMENT OF LEGAL FEES TO R 94-640 60-72 BLACK & FURCI FOR REPRESENTATION 9/8/94 OF WILLIAM LOZANO (CASE NO. 89- 2972). 17. BRIEF CLARIFICATION AS TO DISCUSSION 72-73 WITHDRAWAL, BY APPLICANT 9/8/94 (NATIONAL WASTE RECYCLING J.V.), OF CONSIDERATION OF DEBRIS REMOVAL TREE TRIMMING AND MULCHING SOLICITATION AT VIRGINIA KEY BEACH AND VIRGINIA KEY (BID NO. 93-94-168R-M/WBE). 18. AUTHORIZE ADMINISTRATION TO ADD R 94-641 73-75 NEWSPAPERS (a) "EL ESPECIAL" AND 9/8/94 (b) "ACTUALIDAD" TO THE LIST OF NEWSPAPERS WHICH CITY DEPARTMENTS ARE PRESENTLY PERMITTED TO USE FOR PUBLISHING OF PUBLIC NOTICES -- SUBJECT TO VERIFICATION BY GSA (OFFICE OF PROCUREMENT) THAT BOTH NEWSPAPERS MEET PRESENTLY ESTABLISHED CITY ELIGIBILITY CRITERIA AND COMPLIANCE WITH GENERAL CIRCULATION REQUIREMENT. t t F, i ,t j' ti fz s. j': 19. GRANT FUNDING REQUEST ($50,000 R 94-642 75-78 FOR BUILDING IMPROVEMENTS) BY 9/8/94 CONCERNED AFRICAN WOMEN IN CONNECTION WITH THEIR YOUTH PAC PROGRAM -- DIRECT ADMINISTRATION TO RENEGOTIATE PRESENT CITY LEASE WITH A VIEW TOWARD PURCHASE OF SAID SITE -- MANAGER TO COME BACK WITH REASONABLE CRITERIA. 20. GRANT REQUEST BY CARIBBEAN R 94-643 78-89 AMERICAN CARNIVAL FOR FEE WAIVERS 9/8/94 ($9,500) IN CONNECTION WITH THEIR CARNIVAL EVENT (OCTOBER 7-9, 1994), SUBJECT TO PROVISOS. 21. BRIEF COMMENTS BY COMMISSIONER DISCUSSION 90 PLUMMER CONCERNING THE POOR 9/8/94 CONDITION OF CURTIS PARK. 22. TENTATIVELY GRANT REQUEST BY DADE R 94-644 91-92 COUNTY ALLIANCE AGAINST DOMESTIC 9/8/94 VIOLENCE FOR WAIVER OF ALL FEES / COSTS FOR USE OF BAYFRONT PARK AMPHITHEATER FOR THEIR WALK-A- THON AND RALLY EVENTS (OCTOBER 1, 1994), SUBJECT TO BAYFRONT PARK TRUST'S APPROVAL. 23. INSTRUCT ADMINISTRATION TO PUT M 94-645 92-96 ALL SUPPLIERS OF PAY TELEPHONES 9/8/94 IN THE CITY OF MIAMI ON NOTICE THAT THE COMMISSION EXPECTS, WITHIN 60 DAYS FROM THIS DATE, THAT ALL PHONES IN AREA DESIGNATED BY THE POLICE DEPARTMENT WILL BE ELECTRONICALLY MODIFIED TO BLOCK ALL INCOMING CALLS -- STIPULATE THAT IF ANY t TELEPHONE SUPPLIER FAILS TO i COOPERATE, SAID AGENCY IS TO COME !, BEFORE THE COMMISSION WITHIN 60 t DAYS. 24. GRANT REQUEST BY KIWANIS CLUB OF M 94-646 96-98 j CORAL GABLES (LATIN) FOR A FREE- 9/8/94 OF -CHARGE VACCINATION PROGRAM TO E BE AVAILABLE TO CHILDREN OF ALL k AGES (SEPTEMBER 10, 1994), ?, SUBJECT TO CITY ADMINISTRATION MAKING SURE THAT THE CITY'S LIABILITY IS FULLY COVERED. x 1 s. 25. GRANT REQUEST BY DADE COUNTY R 94-647 98-99 SICKLE CELL FOUNDATION, INC. FOR 9/8/94 FEE WAIVERS IN CONNECTION WITH THE 10K WALK -FOR• -SICKLE -CELL - DISEASE AT PEACOCK PARK (SEPTEMBER 17, 1994). 26. EMERGENCY ORDINANCE: AMEND ORDINANCE 99-103 10021, WHICH ESTABLISHED INITIAL 11173 RESOURCES / APPROPRIATIONS FOR 9/8/94 THE LAW ENFORCEMENT TRUST FUND (LETF) -- PROVIDE FOR INCREASE OF $1,434,236 AS A RESULT OF ADDITIONAL MONIES DEPOSITED DUE TO SUCCESSFUL FORFEITURE ACTIONS. 27. DISCUSSION CONCERNING PROPOSED DISCUSSION 103-110 EMERGENCY ORDINANCE TO ESTABLISH 9/8/94 INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: POLICE HIRING SUPPLEMENT, ACCEPTING GRANT OF $1,950,000 FROM U.S. DEPARTMENT OF JUSTICE. [Note: At this point, the roll was called, but the ordinance was not read by title into the public, record. The ordinance was duly read later on - see label 42.] 28. SECOND READING ORDINANCE: AMEND ORDINANCE 110-111 10840, WHICH ESTABLISHED INITIAL 11174 APPROPRIATIONS FOR THE COCONUT 9/8/94 GROVE SPECIAL EVENTS DISTRICT FUND - FY 90-91 -- PROVIDE FOR INCREASE OF $70,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED DUE TO SUCCESSFUL COLLECTION OF COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEES. r`! t 29. FIRST READING ORDINANCE: AMEND ORDINANCE 111-113 11130, WHICH ESTABLISHED FIRST STANDARDS FOR CREATION AND REVIEW READING OF BOARDS, BY: (1) PROVIDING THAT 9/8/94 STANDARDS, AS CONTAINED IN ARTICLE XIII, CHAPTER 2 OF THE CODE, SHALL NOT APPLY TO CITY BOARDS WHEN THERE IS A CHARTER PROVISION TO THE CONTRARY; (2) PROVIDING THAT THOSE PERSONS OWNING REAL PROPERTY IN THE CITY OF MIAMI ARE ELIGIBLE FOR MEMBERSHIP ON CITY BOARDS; (3) PROVIDING FOR PROCEDURE FOR REMOVAL OF BOARD MEMBERS WHO CEASE TO COMPLY WITH ELIGIBILITY REQUIREMENTS; (4) PROVIDING THAT THE CITY CLERK SHALL INFORM THE CITY COMMISSION WHENEVER A BOARD MEMBER HAS RESIGNED FROM A BOARD; AND (5) PROVIDING THAT THE REQUIREMENT THAT EACH NET ADMINISTRATOR SHALL BE A LIAISON TO BOARDS WHICH OPERATE WITHIN ITS GEOGRAPHICAL AREA OF RESPONSIBILITY DOES NOT PRECLUDE THE APPOINTMENT AS LIAISON OF ANY OTHER PERSON WHICH THE COMMISSION OR ADMINISTRATION MAY WISH TO APPOINT TO SERVE IN SAID CAPACITY -- AMEND SECTIONS 2-425, 2-428, 2-433 AND 2-435. 30. FIRST READING ORDINANCE: AMEND ORDINANCE 113-115 CODE, ARTICLE IV, CHAPTER 40 FIRST (PENSION AND RETIREMENT PLANS, READING DIVISION III), SECTIONS 40-250 9/8/94 AND 40-255. 31. FIRST READING ORDINANCE: AMEND ORDINANCE 115 CODE, ARTICLE IV, CHAPTER 40 FIRST f (PENSION AND RETIREMENT PLANS, READING DIVISION 2. CITY OF MIAMI GENERAL 9/8/94 EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST) -- i ADD SECTION 40-247. E. 32. FIRST READING ORDINANCE: AMEND ORDINANCE 116 CODE, ARTICLE IV, CHAPTER 40 FIRST (PENSION AND RETIREMENT PLANS, READING DIVISION 2. CITY OF MIAMI FIRE 9/8/94 FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST) -- ADD SECTION 40-220 AND SUBSECTION 40- 212(H)(3). 33. AUTHORIZE CITY MANAGER TO R 94-648 117 NEGOTIATE RESTRUCTURING OF A 9/8/94 $117,000 LOAN FROM THE CITY OF MIAMI TO THE SMALL BUSINESS OPPORTUNITY CENTER. 34. (A) EXECUTE AGREEMENT WITH NORA R 94-649 118-121 SWAN ($25,000, PLUS $5,000 OUT- R 94-650 OF -POCKET EXPENSES) FOR 9/8/94 PROFESSIONAL SERVICES FOR PROMOTING THE FILM, TELEVISION AND RECORDING INDUSTRIES FOR ONE YEAR COMMENCING SEPTEMBER 1, 1994. (B) EXECUTE AGREEMENT WITH ANDRES VARGAS-GOMEZ, CONSULTANT ($36,000) FOR ONE YEAR COMMENCING OCTOBER 1, 1994 -- FOR PROMOTIONAL SERVICES IN CONNECTION WITH PRE AND POST "SUMMIT OF THE AMERICAS 1994" EVENTS. 35. RESCIND RESOLUTION 94-587, R 94-651 122-123 WHEREBY THE CITY COMMISSION 9/8/94 ACCEPTED THE PROPOSAL SUBMITTED BY VIRGINIA KEY MARINE GROUP, INC. FOR THE UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BOATYARD PROPERTY (3501 RICKENBACKER CAUSEWAY), SAID ACCEPTANCE CONTINGENT UPON APPROVAL OF SAID PROPOSAL BY THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION. t W 36. DISCUSSION CONCERNING PROPOSED RESOLUTION TO RESCIND RESOLUTION 94-588, WHEREBY THE CITY COMMISSION CALLED A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1994, FOR THE PURPOSE OF SUBMITTING TO QUALIFIED ELECTORS FOR THEIR APPROVAL / DISAPPROVAL THE CITY ENTERING INTO LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. (PROPOSED LESSEE) TO OPERATE A BOATYARD, RESTAURANT AND MARINE - RELATED RETAIL FACILITY ON CITY - OWNED WATERFRONT PROPERTY ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON SOUTHERLY SHORELINE OF MARINE STADIUM BASIN (VIRGINIA KEY BOATYARD PROPERTY). (Note: This item was later properly passed and adopted -- see Resolution 94- 657 -- See label 41.] 37. (A) AUTHORIZE CITY MANAGER TO INVITE JIM McMASTER TO JOIN CITY ADMINISTRATION STAFF ON ITS NEXT TRIP TO NEW YORK, AT THE CITY'S EXPENSE, WHEN THERE IS DISCUSSION WITH THE CITY'S BOND UNDERWRITERS CONCERNING THE PRESENT CITY BOND RATING. (B) AMEND RESOLUTION 94-576 WHICH AUTHORIZED AND PROVIDED FOR ISSUANCE OF $18,000,000 SPECIAL NON -AD VALOREM REVENUE BONDS, SERIES 1994, TO FINANCE FUNDING OF A SELF INSURANCE CLAIMS RESERVE FUND OF THE CITY -- DELEGATING THE MAYOR OR THE CITY MANAGER THE AUTHORITY TO AWARD A NEGOTIATED SALE OF THE BONDS TO WILLIAM R. HOUGH & CO., REPRESENTING THE UNDERWRITING GROUP; ETC. (C) APPROVE APPOINTMENT OF SQUIRES, SANDERS & DEMPSEY AS BOND COUNSEL IN CONNECTION WITH ISSUANCE OF $25,000,000 CITY OF MIAMI TAX ANTICIPATION NOTES, SERIES 1994. DISCUSSION 123 9/8/94 M 94-652 124-132 R 94-653 9/8/94 38. 39. 40. 41. AUTHORIZE PURCHASE OF ONE CREW R 94-654 133-134 CAB PICKUP TRUCK (UNDER EXISTING 9/8/94 BID NO. 92-93-104) -- FROM WHITE GMC OF PALM BEACH -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $19,040.45. CLASSIFY TWO CITY OF MIAMI POLICE R 94-655 134-135 PATROL SPECIFICATION CARS AS 9/8/94 CATEGORY "A" SURPLUS STOCK, SHOULD THEY BECOME AVAILABLE WHEN AVAILABLE, VEHICLES TO BE DONATED TO "ALL POLICE CHARITIES" TO BE USED BY THEM TO REPRESENT THE CITY AT THE ANNUAL POLICE CHARITY DEMO DERBY AND STOCK CAR SHIELD RACE. ACCEPT BID: TERRATECH, INC. -- R 94-656 135-141 FOR REMOVAL OF DEBRIS AND 9/8/94 TRIMMING OF HAZARDOUS TREE LIMBS AT VIRGINIA KEY BEACH -- FOR DEPARTMENT OF PARKS AND RECREATION -- ALLOCATE $333,983.60. (Continued) RESCIND RESOLUTION R 94-657 94-588, WHEREBY THE CITY 9/8/94 COMMISSION CALLED FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1994, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE THE QUESTION OF THE CITY ENTERING INTO A LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. TO OPERATE A BOATYARD, RESTAURANT, AND MARINE -RELATED RETAIL FACILITY ON CITY -OWNED WATERFRONT PROPERTY ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN (VIRGINIA KEY BOATYARD PROPERTY). [Note: At this point, the roll was officially called on this issue, full discussion of which can be found under label 36.] 142-143 42. 43. 44. 45. (Continued) EMERGENCY ORDINANCE: ORDINANCE 143-144 ESTABLISH INITIAL RESOURCES / 11175 APPROPRIATIONS FOR SPECIAL 9/8/94 REVENUE FUND: POLICE HIRING SUPPLEMENT -- ACCEPT GRANT OF $1,950,000 FROM U.S. DEPARTMENT OF JUSTICE -- EXECUTE NECESSARY DOCUMENTS. [Note: At this point, the City Attorney merely read the ordinance by title into the public record prior to official adoption. Full discussion on the herein item may be found in label 27.] ACCEPT BID: G. FAMILY R 94-658 145 ENTERPRISE, INC. -- FOR REMOVAL 9/8/94 OF SOIL STORED AT VIRGINIA KEY YARD WASTE FACILITY FOR TRANSPORTATION TO MELREESE GOLF COURSE -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $298,568.50 (TO BE REIMBURSED BY FEMA FROM DSR 35023). AUTHORIZE FUNDING OF THE KIDS OFF R 94-659 146 STREETS PROGRAM -- ALLOCATE 9/8/94 $15,000 FROM LAW ENFORCEMENT TRUST FUND (LETF). AMEND RESOLUTION 86-665 (RELATING R 94-660 147 TO ALLOCATION OF ADDITIONAL FUNDS 9/8/94 FROM LAW ENFORCEMENT TRUST FUND [LETF]) -- FOR CONTINUATION OF THE FORFEITURE FUND DETAIL -- ALLOCATE ADDITIONAL $430,000 FROM LETF TO CONTINUE ACTIVITIES OF SAID FORFEITURE FUND DETAIL. 46. (A) DISCUSSION AND WITHDRAWAL OF DISCUSSION 148-150 PROPOSED RESOLUTION TO ACCEPT BID 9/8/94 OF ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 5 (SECOND BIDDING) B-4558 (CIP 341175). (B) DISCUSSION AND WITHDRAWAL OF PROPOSED RESOLUTION TO ACCEPT BID OF ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 12 B-4576 (CIP 341175). (C) DISCUSSION AND WITHDRAWAL OF PROPOSED RESOLUTION TO ACCEPT BID OF ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 10 B-4572 (CIP 341175). 47. (A) DISCUSS AND DEFER DISCUSSION 151-153 CONSIDERATION OF PROPOSED 9/8/94 RESOLUTION TO ACCEPT BID OF BANNERMAN LANDSCAPING, INC. -- FOR CITYWIDE; SIDEWALK REPLACEMENT PROJECT -PHASE 11 B-4575 (CIP 341175). (B) DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BID OF LEWIS GREEN CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 9 B-4571 (CIP 341175). 48. ACCEPT BID: M. VILA & R 94-661 153-154 ASSOCIATES, INC. ($1,531,135, 9/8/94 TOTAL BID) -- FOR TAWRENCE STORM SEWER RETROFITTING PROJECT PHASE II B-5608 -- ALLOCATE FUNDS FROM CIP 352202 -- EXECUTE CONTRACT. 49. AUTHORIZE / PERMIT MIAMI--DADE R 94-662 154-155 COMMUNITY COLLEGE (MDCC) TO 9/8/94 CONSTRUCT / MAINTAIN A PEDESTRIAN OVERPASS AND WALKWAY OVER AND ACROSS N.W. 10 AVENUE (BOB HOPE ROAD) SOUTH OF N.W. 20 STREET BETWEEN EXISTING MEYERS HALL BUILDING AND PROPOSED PHASE III BUILDING OF MEYERS HALL BUILDING, WITH CONDITIONS. 50. APPOINT IL•EANA HERNANDEZ AS A R 94-663 155-157 REGULAR MEMBER OF THE ZONING 9/8/94 BOARD. 51. APPROVE DEPARTMENT OF OFF-STREET R 94-664 158 PARKING ANNUAL BUDGET FOR FY 9/8/94 OCTOBER 1, 1994 - SEPTEMBER 30, 1995. 52. DEPARTMENT OF OFF-STREET PARKING R 94-665 159-160 BUDGET FOR OPERATION OF GUSMAN 9/8/94 CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING FOR FY OCTOBER 1, 1994 - SEPTEMBER 30, 1995. 53. ACCEPT DONATION OF MISCELLANEOUS R 94-666 160-162 SUPPLIES FROM CORPORATE AND 9/8/94 INDIVIDUAL DONORS TO BE DISTRIBUTED TO CUBAN AND HAITIAN REFUGEES AT KROME DETENTION CENTER AND THE U.S. NAVAL BASE, GUANTANAMO, CUBA, AS PART OF THE CITY'S REFUGEE RELIEF EFFORT. 54. ALLOCATE $15,000 TO THE LATIN R 94-667 162-164 CHAMBER OF COMMERCE (CAMACOL) IN 9/8/94 SUPPORT OF A MURAL TO BE PAINTED TO COMMEMORATE THE UPCOMING i "SUMMIT OF THE AMERICAS." i 55. INSTRUCT ADMINISTRATION TO M 94-668 i 164-165 E PUBLICLY DISPLAY THE NAMES OF 9/8/94 INDIVIDUALS CONVICTED OF SELLING / BUYING DRUGS, ON NET CHANNEL 9. 56. ALLOCATE $50,000 FROM LAW R 94-669 166-167 ENFORCEMENT TRUST FUND (LETF) TO 9/8/94 S BOYS' CLUB OF SOUTHWEST MIAMI FOR A PROJECT TO PROVIDE UNIFORMS AND EQUIPMENT FOR CARVER SCHOOL, TO BE ADMINISTERED THROUGH THE BOYS' i CLUB AND WEST GROVE NET OFFICE. 57. BRIEF DISCUSSION ON THE FY 1994- DISCUSSION 167-169 95 MIAMI SPORTS AND EXHIBITION 9/8/94 AUTHORITY ADMINISTRATIVE } BUDGET -- ITEM DEFERRED TO NEXT MEETING. i t F i.. 1 1 � 58. (A) DISCUSSION OF PROPOSED DISCUSSION 170-190 MILLAGE RATE AND TENTATIVE BUDGET ORDINANCE FOR THE CITY OF MIAMI (FY 1994- FIRST 95). READING (B) PUBLIC HEARING HELD. ORDINANCE (C) FIRST READING ORDINANCE: FIRST DEFINING / DESIGNATING READING TERRITORIAL LIMITS FOR THE CITY M 94-670 OF MIAMI FOR THE PURPOSE OF ORDINANCE TAXATION -- FIXING MILLAGE AND FIRST LEVYING TAXES FOR FY BEGINNING READING OCTOBER 1, 1994 - SEPTEMBER 30 9/8/94 1995. (D) FIRST READING ORDINANCE: MAKING APPROPRIATIONS CITY OF MIAMI FOR FY ENDING SEPTEMBER 30, 1995. (E) RECONSIDER PRIOR VOTE ON FIRST READING ORDINANCE MAKING APPROPRIATIONS FOR CITY OF MIAMI FY 1994-95 BUDGET. (F) FIRST READING ORDINANCE: MAKING APPROPRIATIONS FOR CITY OF MIAMI FY 1994-95 BUDGET. 59. (A) RESCHEDULE FIRST CITY R 94-671 COMMISSION MEETING IN OCTOBER TO R 94-671.1 TAKE PLACE ON OCTOBER 27TH, R 94-671.2 TOGETHER WITH PLANNING & ZONING 9/8/94 MEETING. (B) RESCHEDULE BOTH CITY COMMISSION MEETINGS IN NOVEMBER TO TAKE PLACE ON NOVEMBER 17TH. (C) RESCHEDULE FIRST REGULAR CITY C014MISSION MEETING IN DECEMBER TO TAKE PLACE ON DECEMBER 1ST -- RESCHEDULE SECOND MEETING IN DECEMBER (PLANNING & ZONING) TO TAKE PLACE ON DECEMBER 8TH. 60. AUTHORIZE AND DIRECT CITY DISCUSSION ATTORNEY TO PREPARE AND PRESENT 9/8/94 HIS YEARLY DEPARTMENTAL BUDGET, TOGETHER WITH A POSITION PAPER JUSTIFYING MID -YEAR SALARY RAISES GIVEN IN HIS DEPARTMENT, AT THE NEXT BUDGET HEARING. 61. COMMISSISONER PLUMMER INTRODUCES DISCUSSION INTO THE PUBLIC RECORD THE FY'94- 9/8/94 95 REPORT OF THE BUDGET AND FINANCES REVIEW COMMITTEE. 190-191 192-194 194-195 62. DISCUSSI CONCERNING PROPOSAL BY i L _)CUSSION 195-198 KEY BISCAYNE VILLAGE MANAGER THAT 9/8/94 THE CITY OF MIAMI ENTERTAIN THE POSSIBILITY OF BUILDING A RECREATIONAL, VEHICLE PARK IN VIRGINIA KEY BEACH, ON CITY -OWNED PROPERTY -- BRIEF DISCUSSION CONCERNING RFP TO BE ISSUED IN CONNECTION WITH THE VIRGINIA KEY BOATYARD. 63. COMMISSIONER PLUMMER GIVES STATUS DISCUSSION 198 REPORT CONCERNING TAX-EXEMPT 9/8/94 STEERING COMMITTEE -- BRIEF DISCUSSION CONCERNING PROPOSED CORPORATE VOLUNTARY TAXATION. 64. VICE MAYOR DAWKINS REQUESTS DISCUSSION 199-200 ADMINISTRATION NOT TO WAIT UNTIL 9/8/94 THE LAST MINUTE TO PRESENT THE YEARLY BUDGET TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION. 65. (A) BRIEF COMMENTS BY DISCUSSION 200-201 COMMISSIONER PLUMMER CONCERNING 9/8/94 RECENT PHOTOGRAPH PUBLISHED BY THE MIAMI HERALD. (B) MAYOR CLARK RECALLS THE SALARIES AND SIZE OF THE CITY BUDGET WHEN HE WAS LAST MAYOR. 66. (A) DISCUSSION OF PROPOSED DISCUSSION 201-204 MILLAGE RATE AND TENTATIVE BUDGET ORDINANCE FOR FY 1994-95 FOR THE DOWNTOWN FIRST DEVELOPMENT AUTHORITY. READING (B) PUBLIC HEARING HELD. ORDINANCE (C) FIRST READING ORDINANCE: FIRST DEFINING / DESIGNATING READING TERRITORIAL LIMITS OF THE 9/8/94 DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI -- FIXING MILLAGE AND LEVYING TAXES IN SAID DISTRICT FOR FY BEGINNING OCTOBER 1, 1994 - SEPTEMBER 30, 1995. (D) FIRST READING ORDINANCE: MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT DISTRICT FOR FY BEGINNING OCTOBER 1, 1994 - SEPTEMBER 30, 1.995. 67. CITY COMMISSION QUESTIONS DISCUSSION 204-206 ADMINISTRATION AS TO WHETHER THE 9/8/94 CITY SHOULD CREATE A QUARTERLY RESERVE TO COVER LOSS OF REVENUE INCURRED AS A CONSEQUENCE OF CITIZENS' SUCCESSFUL ASSESSMENT CHALLENGES. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of September, 1994, 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 9:04 a.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Mayor Stephen P. Clark Vice Mayor Miller J. Dawkins Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. ALSO PRESENT: Cesar Odio, City Manager A. Guinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. ---------------------------------------------------------------------------------------------------------------- (A) Proclamation: Fire Fighter Appreciation Week -- recognizing fire fighters' efforts in collecting funds to fight Muscular Dystrophy. (B) Certificates of Appreciation: (1) Angel Rodriguez (McDonald's Restaurants); (2) Steve Kneapler (Monty Trainer's Restaurant); (3) Rus Garber (Hooter's); and (4) Roberto Jimenez (R.V. Martin Hardware) -- for their contributions to the success of the First Biannual Palm Tree Weekend Picnic. 1 September -8, 1994 uW NOTE: On a motion duly made by Commissioner Gort and seconded by Vice Mayor Dawkins, the minutes of Regular Commission Meetings of May 5, 1994, June 9, 1994, July 14, 1994; Special Commission Meeting of July 5, 1994; and the Planning and Zoning Commission Meetings of May 23, 1994, June 30, 1994 and July 26, 1994 were approved by the Commission. -----------------------------------•----------------------------------------------------------------------------- 2. GENERAL COMMENTS ON CONSENT AGENDA ITEMS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: On the consent agenda. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: Point of order. I'd like to ask you a question on the consent agenda. My understanding is we made a decision that if we had a question, on any one item, it would automatically be pulled off. Can we just ask a question and bring it right back? Mayor Clark: If there's any... What's... Say it again? Vice Mayor Dawkins: You can ask, state it for discussion. Commissioner Gort: Yeah. All I want to do is ask a question on one of the items here. Vice Mayor Dawkins: Well, you know, I'm the one who said that if it's questionable, you know, it... Commissioner Gort: Well, it's not questionable. Vice Mayor Dawkins: ... it should be heard by the general public. You know, if it raises any question. .2 September .8, 19.94 P Commissioner Plummer: Well, and I think it also reserves the right unto a Commissioner to have it put over on a regular agenda, also, was an alternative. Vice Mayor Dawkins: Yeah, we had an alternative. You could either do it here or put it over. Mayor Clark: Can I get a motion to approve the agenda? And then we'll do that. Mr. James McMaster: Excuse me, Mr. Mayor. Mayor Clark: Yes, sir. Mr. McMaster: Could I request that Consent Agenda Number 3... Vice Mayor Dawkins: Wait, I'm not... No, no, wait a minute. I'm not clear here yet. OK? Will you wait till we get clear? Mr. McMaster: OK. Vice Mayor Dawkins: Now, what are you saying, Commissioner Gort, sir? Commissioner Gort: No, go head. Vice Mayor Dawkins: No, no. What are we going to do? Commissioner Gort: No, I had a question, but I had to find the item which I had a question on. Vice Mayor Dawkins: Oh. It's on the consent agenda? Commissioner Gort: Yes. Vice Mayor Dawkins: OK. That's OK. All right. So we can't do anything, Mr. Mayor, till he gets his... Commissioner Gort: No, that's... It's not... big deal. It's no, no big problem. Vice Mayor Dawkins: OK. Go ahead. I'm sorry, go ahead. Mr. McMaster: Good morning. Jim McMaster, 2940 Southwest 30th Court. Could you pull Consent Agenda 3, 14 and 2S for discussion, please? Mayor Clark: This is the... Hauling rubble, is that it? Mr. McMaster: Right. And 14, which is St. Hugh Oaks; and 25, which is the Virginia Key recycling permitting. Vice Mayor Dawkins: Pull what, now? Mr. McMaster: Three, 14 and 25. Mayor Clark: All right. r Ms. Master: Thank you. 3 September 8, 1994 i 2(A) BRIEF COMMENTS CONCERNING PROPOSED RESOLUTION TO ACCEPT BID OF ACTION LAND DEVELOPMENT CORPORATION FOR HAULING 140 LOADS OF RUBBLE FROM A PUBLIC WORK'S STORAGE AREA TO A LEGITIMATE DUMP SITE. (See label 2.3) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Now, go back to 3. What do you want to say on 3? All right. Pose your question, and I'll have the Manager answer it. Mr. McMaster: CA-3 is just the Public Works Department getting funding to haul rubble out of their south fork storage yard at the south fork of the Miami River on Northwest 11th Street and 22nd Avenue. And I've been reviewing what the City has been doing with the park system recently. And in this case, as you see on your Zoning Ordinance 11000 map, the City, several years ago, rezoned the old nursery site that was zoned park for townhouses, which are now under construction. Mayor Clark: Right. Mr. McMaster: So we lost that area, as far as "park" is concerned. And south of the river, the area in yellow is the storage yard, and as you see, it's zoned park. Commissioner Plummer: What's the problem? Mr. McMaster: I have the permitted used for park, and a dump is not one of them. Mayor Clark: Mr. Manager? Mr. Cesar Odio (City Manager): I don't know what he's talking about. We are cleaning this up. Mr. Jim Kay: Mr. Mayor... Mr. Odio: So, I don't know what he's talking about. Mr. Kay: Mr. Mayor and members of the Commission, Jim Kay, Public Works. That is a... It is zoned park, but it is an area which has been, for the last forty to fifty years, been used as a material storage site for the Public Works Department. Commissioner Plummer: That was where the nursery was. i Commissioner Gort: No, across from the nursery. Mr. Kay: It used to be where... Across from the nursery, yes. Commissioner Plummer: Yeah. Mr. McMaster: No. The nursery now has townhouses on it. That was rezoned R-3. Mayor Clark: OK. Wait just a... Please, now, let's... Jim. Mr. Kay: And we've gotten to the point now where it's been difficult for us to maneuver around on that site. We need to remove some of the debris that's there right now, and that's what this 4 September 8, 1994 contract is about. I think Mr. McMaster's point is that the City is using it for something other than park use. As I said, it's been used for this purpose for the last forty to fifty years, to my knowledge. Mayor Clark: All right. Mr. McMaster: I think my question would be, we're in the year of development, and I look at the budget, and what we're developing is our park system. And I'm concerned that in the future, we're not going to have a park system, we're going to have a lot of concrete and no open spaces. So the City needs to put its house in order. If this is going to be a storage yard, they need to rezone it to GI, which would be the logical zoning for it. Mayor Clark: Well, that's not the case of this resolution, though. Mr. McMaster: But I'm just saying, I would... If you could... Commissioner Gort: We're aware of it, and we're working on the parks, and we're going to create more parks. Mr. McMaster: Oh, OK. Because... Commissioner Gort: Thank you. Mayor Clark: Next item. Mr. McMaster: ... it's an issue that I will bring up with the City Manager again. Mayor Clark: All right. Mr. McMaster: Thank you. ---------------------------------------------------------------------------------------------------------------- 2(B) DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE PAYMENT OF ADDITIONAL FEES TO McCRARY AND MOSLEY TO CONTINUE ITS REPRESENTATION OF THE CITY OF MIAMI WITH RESPECT TO THE ST. HUGH OAKS VILLAGE PROJECT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item. What are the other items you have? Commissioner Gort: Fourteen. Mr. McMaster: My question on St. Hugh Oaks is, this is a sixty-five percent increase over what they requested before, and it's a rather simple project, twenty-three homes. Does this have anything to do with the lawsuit that's been filed against the City on St. Hugh Oaks? Mayor Clark: Where is Mr. Bailey? A. Quinn Jones, III, Esq. (City Manager): This has nothing to do with the lawsuit that's been filed. Commissioner Plummer: Well, wait a minute, wait a minute. Excuse me. Mr. Mayor. 5 September 8, 1994 A Mayor Clark: Yes, sir. Mr. Herb Bailey: This is a Law Department item. Commissioner Plummer: What's the lawsuit? What lawsuit has been filed? Commissioner Gort: We're being sued... Mr. Bailey: There seems to be... Mr. Jones: Approximate... Go ahead. Mr. Bailey: There seems to be some... Mr. Jones: Go ahead. I can explain. The approximate... Commissioner Plummer: No, no, you know, I'm wondering why we haven't been informed of a lawsuit. Mr. Jones: This is a lawsuit that was filed approximately a week to ten days ago. Commissioner Plummer: And it takes that long for somebody to communicate with the Commission? Mr. Jones: Well, you know, Commissioner, I don't inform you every... of every lawsuit that's filed. I mean, I treat this lawsuit like any other. If you were... Of course, if you were named as an individual Commissioner, in your official capacity, which I think you may have been, I'm not sure... Commissioner Plummer: That's nice. Mr. Jones: ... but the gist of the lawsuit is that they're challenging the Commission's decision to set the prices, as you so did. I think the lawsuit is totally meritless, it's not going anywhere. But of course, this CA-14 item has nothing to do with that. What this, simply, CA-14 is requesting at this point in time - and certainly, you have to, with all due respect, with any project, whether it be simple or complex - there comes a point in time where there may be unexpected legal work on matters that have to be dealt with, and this is what the case presents itself here. Mr. McMaster: No. My concern was that th--y have St. Hugh Oaks coming, the funds coming out of target area money, and it's not in the target area. They have it listed under 381, when it's actually in the South Grove. Mr. Bailey: It's not target area money, sir. Mr. McMaster: None of it was target area money? Mr. Bailey: No, no, it is not. Mr. Jones: It's from affordable renting housing program. Mr. McMaster: Oh, no, no. I mean the money that actually built St. Hugh Oaks in the past. Mr. Bailey: No, that is not target... That is not CD (community development) target area money. 6 September 8, 1994 Mr. McMaster: Oh, OK. Well, thank you. That answers my question. c Commissioner Plummer: May I inquire who filed the lawsuit? Mr. Jones: It would have been... I've forgotten the guy's name. The guy who was standing here... Mr. Bailey: It was the attorney who was here, Shiver. Mr. Jones: Was it Shiver? Shiver. On behalf of... Commissioner Plummer: And basically, the lawsuit pertains to the ability of the Commission to set the price? Mr. Bailey: That's correct. Mr. Jones: Absolutely, that's it. Commissioner Plummer: Is he contending that we're too low or too high? Mr. Bailey: It's too high. Mayor Clark: Well, that's his opinion. Commissioner Plummer: Well, yeah. Mayor Clark: All right. What else do we have? Is that all you have? What's your other item? Mr. McMaster: CA-25. Commissioner De Yurre: Mr. Mayor, if I may. Mayor Clark: Yes, sir. Commissioner De Yurre: What have they done for the money they've received already? Mr. Jones: What have they done? Commissioner De Yurre: Yes. Mr. Jones: As far as I can... As far as I know, Commissioner De Yurre, the initial condominium documents were prepared. I can give you a detailed listing of what they've prepared to date, and what has been paid. I do know approximately all of the twenty-three thousand has been paid. Mayor Clark: All right. Mr. Jones: And I can give you, I can provide you with a breakdown of exactly what's been done. Commissioner De Yurre: Please do, because let me tell you, the condominium documents are pretty much boilerplate, number one. Number two, preparing a contract for sale, that's boilerplate. Number three, serving as escrow agent, you know, what are you going to charge? Twenty-five dollars per account. Preparing closing documents, boilerplate. Title insurance, 7 September 8, 1994 once you prepare one, you've got all twenty-three. You know, twenty-three thousand dollars already, plus fifteen, I'd like to see, before this gets approved, I'd like to see a detailed billing of exactly where the twenty-three thousand have gone. Commissioner Plummer: So pull it. Commissioner De Yurre: So I'd like to, you know, defer this item. 4 Mayor Clark: Second. Cast a unanimous ballot, Madam Clerk. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY MAYOR CLARK, ITEM CA-14 WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Wifre.do Gort Commissioner Victor De Yurre i Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. I ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 2(C) CLARIFYING COMMENTS CONCERNING PROPOSED RESOLUTION TO AUTHORIZE AGREEMENT WITH PEER CONSULTANTS, P.C. TO PROVIDE TECHNICAL SUPPORT IN DEVELOPMENT / PERMITTING OF THE VIRGINIA KEY YARD WASTE MULCHING AND COMPOSTING FACILITY. Mayor Clark: All right, sir. Mr. McMaster: And CA-25 is just about the composting facility out on Virginia Key. And my question would be that the City... It was zoned park, and it's been rezoned government institutional. So a composting facility is an allowed use in government/institutional, but if you look at the handout I gave you, page 112 of Ordinance 11000, under GI, under conditional principal uses, solid waste facilities of any type, by special exception with City Commission approval. So I... Maybe I missed it. Did... I know it's going for permitting now with DERM (Department of Environmental Resources Management) and everybody, but has it ever come through the Commission for a special exception? Mayor Clark: Mr. Manager, your assistance. Mr. Odio: I'd have to look into that. We've been composting out there now for quite a long time, so... Mr. McMaster: About two years in this location. t' s 8 September 8, 1994 _ l Mr. Odio: Yeah, yeah. Commissioner Plummer: Well... Mr. Odio: That's where we intend to stay. Mr. McMaster: Yeah. So, right, since they changed the ordinance. Mr. Odio: That's where we intend to stay. i Mr. McMaster: Well, that's fine, but I... Have you gotten a special exception on this site? Mr. Odio: Well, if that's... Mr. McMaster: Well, we have an ordinance, and we want it enforced. i Mr. Odio: I'll talk to my Planning and Zoning director, right after this meeting. Mr. McMaster: Oh, OK. I'll get together with Sergio and question him, also. Thank you. Thank you very much, gentlemen. Mayor Clark: Thank you. Yes, sir, this gentleman. ---------------------------------------------------------------------------------------------------------------- 2(D) DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AGAINST RALPH D. AND GAIL PACKINGHAM (D/B/A HAIRSTYLES BY MR. RALPH) TO RECOVER LOAN FUNDS. ---------------------------••------------------------------------------------------------------------------------ Mr. Ralph Packingham: Good morning. My name is Ralph Packingham, and I'm here on Consent Agenda Item Number 25. I mean, I'm sorry, item CA-29. First of all, I was never notified that this proceeding was going to happen today. Second of all, when I sold the property, Community Development held my money hostage until I paid thirty-eight thousand dollars in City loans. This was the only remaining one that was left. Third, Hairstyles Mr. Ralph no longer exists. That business, that has gone out of business. That business was closed approximately five years ago. It was in the flea market, 1100 Northwest 54th Street. I have had problems to pay this account, due to the fact that inasmuch as I moved two years ago from the location where I was located, it has been hard to generate business. Mr. Pablo Cisneros is aware of this. However, he is suing here for interest in which he indicates in his notices that there would be a fifty dollar a month penalty. So I'm asking that this be pulled. Commissioner Plummer: Did you agree to that? Mayor Clark: Did you sign it? Mr. Packingham: Yes, I did sign it. Commissioner Plummer: I mean, did you agree to the penalty, if you didn't comply? Mr. Packingham: I did sign the agreement. 9 September 8, 1994 { Mayor Clark: Well, how can we pull it now? Mr. Packingham: Well, I think that... Mayor Clark: What do you need? Commissioner Plummer: Buyer beware. Mr. Packingham: I think that if you look at, on the agenda, item number 32, where you have SBOC (Small Business Opportunity Center), they are asking to restructure a hundred and seventeen thousand dollar loan that goes back to 1988. Then, why can't I have that same consideration? Mayor Clark: Did you request it before? Mr. Packingham: No, I have not. Mayor Clark: Well, the door is almost closed now, so. Mr. Packingham: Well, the point of it is, I was never notified that this action was taking place today. Commissioner Plummer: Do you... What do you want? The chance to pay it? Mr. Packingham: I want a chance to... to restructure. Vice Mayor Dawkins: I move that this be deferred until Mr. Packingham can sit down with the Manager, and the Manager and Mr. Packingham come back at the next meeting with a... Commissioner Plummer: Fine. Vice Mayor Dawkins: ... a move to settle it or not settle it. I at least would like to give him the privilege to attempt to have whatever he doesn't understand explained to him, and I so move. Commissioner Plummer: Fine. 1 Mayor Clark: OK. Is there a second? Commissioner Plummer: Second. Mayor Clark: With no exception, cast a unanimous ballot, Madam Clerk. i Mr. Packingham: Thank you. s i Mayor Clark: For the next meeting. 10 September 8, 1994 The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 94-605 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM CA-29 (PROPOSED RESOLUTION TO AUTHORIZE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST RALPH AND GAIL PACKINGHAM [DBA "HAIRSTYLES BY MR. RALPH"] AS OWNERS AND INDIVIDUALLY TO RECOVER LOAN FUNDS IN THE AMOUNT OF $6,947.28, PLUS INTEREST MADE TO SAID INDIVIDUALS VIA THE CITYWIDE SMALL BUSINESS DEVELOPMENT LOAN PILOT PROGRAM); DEFERRING THIS ITEM UNTIL SUCH TIME AS THEY CAN SIT DOWN WITH THE CITY MANAGER TO EXPLAIN CIRCUMSTANCES SURROUNDING THIS ISSUE; FURTHER DIRECTING THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 2(E) CLARIFYING COMMENTS CONCERNING PROPOSED RESOLUTION TO EXECUTE AGREEMENT WITH DOWNTOWN MIAMI PARTNERSHIP FOR PURPOSE OF REHABILITATING 18 BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE TREATMENT PROGRAM. Commissioner Plummer: Is that... Mr. Mayor, I'd like to ask on item 12, Mr. Gort, that's money for the Dade Partnership. Is that out of DDA, or is that a separate amount of money? Twenty- five thousand, two hundred, is that... Mr. Odio: This comes from the block grant facade program. Commissioner Plummer: All right. So then that's there... that still leaves the money in the DDA (Downtown Development Authority) for others? Mr. Odio: Yes. Commissioner Plummer: Is that... is that... Mr. Odio: This is not from DDA money. This is facade. Community block grant. 11 September 8, 1994 Commissioner Plummer: OK. Mayor Clark: All right. ---------------------------------------------------------------------------------------------------------------- 2(F) BRIEF COMMENTS CONCERNING PROPOSED RESOLUTION TO NEGOTIATE / ENTER INTO LEASE AGREEMENT WITH BEACON PROPERTY MANAGEMENT CORPORATION (D/B/A BEACON MANAGEMENT COMPANY OF MASSACHUSETTS LIMITED PARTNERSHIP), AGENT FOR CRUZ DEVELOPMENT & ASSOCIATES LTD., FOR THE CITY'S USE OF ROOFTOP SPACE AND INTERIOR EQUIPMENT ROOM FOR CITY -OWNED COMMUNICATIONS EQUIPMENT IN THE BISCAYNE VIEW APARTMENTS BUILDING (915 N.W. 1 AVENUE). (See label 2.17) Commissioner Plummer: On item 19, on item 19, do we... I've never known where we've paid a fee to have antennas on top of a building. Why are we... We paid the expense to put them there, but why... Mr. Odio: This is... Commissioner Plummer: ... why are we paying a fee? Mr. Odio: Commissioner, this is the backup antenna for our total communications system. Commissioner Plummer: I understand that. Mr. Odio: OK. Commissioner Plummer: But my question is, why are we paying a fee? Ms. Ana Sardina: Because it's a lease agreement, and the building manager has asked us for a price. We started out at eight thousand dollars. That's what he originally asked for. We negotiated him down to six thousand, and now, we're trying to get it for a dollar, because we've learned that as a condition of... Commissioner Plummer: Excuse me. If you get it for a dollar, I have no problem with it. Ms. Sardina: Well, we're trying. Commissioner Plummer: Well, when will we know? Mr. Odio: We're doing it. Pass it... Commissioner Plummer: All right. Ms. Sardina: Well... Commissioner Plummer: All right. I'll approve 19 at one dollar a year fee, and I think that's fine. That's usually... Every building that I know of that's ever gone up donated it without any problems, as long as we paid for the electricity and the installation. Mr.... I'll move 19 at... September 8, 19.94 Mayor Clark: OK. We'll do that when we approve the complete agenda, if you're just in favor of it. All right. Commissioner Plummer: As a dollar a year. That's fine. That's the only ones I have, Mr. Mayor. Vice Mayor Dawkins: OK. Mr. Mayor. Mayor Clark: Yes, sir. ----------------------------------------------------------------------------------------------------------- ---- 2(G) BRIEFLY DISCUSS .AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE AGREEMENT WITH ANDRES VARGAS-GOMEZ, CONSULTANT, FOR PROMOTIONAL SERVICES TO BE PERFORMED IN CONNECTION WITH PRE AND POST SUMMIT OF THE AMERICAS 1994 EVENTS. Vice Mayor Dawkins: I'd like for item CA-26 to be discussed with the regular item 33, if possible. Mayor Clark: Professional services agreement with Vargas... Andres Vargas -Gomez, is that what you're talking about? Vice Mayor Dawkins: Yes, sir. Mayor Clark: On item 33 on the regular agenda? Vice Mayor Dawkins: Yes, sir. Mayor Clark: All right. We'll just pull that out and discuss it at the same time. Vice Mayor Dawkins: Thank you, sir. Mayor Clark: Anything else? Vice Mayor Dawkins: No, other than that... Mayor Clark: All right. Vice Mayor Dawkins: ... other than 20... 19, 21, 22, 23, and 24, I asked the chairperson for information about the consultants and what have you, and he provided me with such, so I have no questions now. 13 September 8, 1994 ------------------------------------------------------------- -------------------------------------------------- 2(H) MAYOR CLARK QUESTIONS ADMINISTRATION ON PROPOSED RESOLUTION TO AUTHORIZE FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL. (See label 2.5) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right, sir. Now, on item number 6, what is the... What does the Dade... Miami Criminal Justice Council do on behalf of the City? I understand that Dade Criminal Justice has been very involved on behalf of the County crime bond issue. Haven't helped us at all. Commissioner Plummer: In what? Mayor Clark: Help us with our bond issue. You know, contribute it to... Somebody's trying to shoot us down or what? Lt. Joseph Longueira: Mr. Mayor, the Criminal Justice Council is involved in a lot of things countywide, to do with the whole criminal justice system. They are participants, as you say, in the County bond. I believe their director is very active in that bond,. We are not a part of that Dade Partners Group. Mayor Clark: But they accept our contributions with open hands, huh? Lt. Longueira: Yes, sir. Mayor Clark: Yeah. Well, let's see what happens today at the polls. Lt. Longueira: I know that Chief Warshaw... We have a relationship with them, and this is an annual payment we make to them, and I'm sure in this coming year that we'll be giving them directions on some concrete things that they can provide the department. ---------------------------------------------------------------------------------------------------------- 2(I) BRIEF COMMENTS CONCERNING PROPOSED RESOLUTION TO ACCEPT DONATION OF CAPITAL, IMPROVEMENTS / REPAIRS TO THE MIAMI-ICHIMURA JAPAN GARDEN ON WATSON ISLAND, FROM RICOH, SAN-AI-KAI. (See label 2.13) 2(J) COMMISSIONER PLUMMER QUESTIONS ADMINISTRATION CONCERNING PEOPLE PRESENTLY LIVING IN RECREATIONAL VEHICLES ON WATSON ISLAND, WHO ARE NOT HOMELESS. Mayor Clark: All right, sir. Thank you. On item number 18 - on item number 15, Mr. Manager. Mr. Odio: Yes, sir. Mayor Clark: I'm glad to see that the Ricoh Corporation is committed to the City of Miami, to the Ichimura-Miami Japan Garden on Watson Island. 1 want you to assure Ricoh that Watson Island will be cleaned, up once and for all, so they have confidence that the investment they're about to make in the City of Miami... And I would appreciate a comprehensive status report on Watson Island at the first meeting in October. 14 September 8, 1994 Mr. Odio: Yes, sir. But remember, I just want to remind you that we are now as a staging area for that bridge construction. Mayor Clark: I understand. Mr. Odio: And the park is a mess until they finish that bridge. So. Mayor Clark: We've got to assure them that that's going to be all cleaned up. Mr. Odio: Yes, sir. Yes, sir. Commissioner Gort: I'm sorry, Mr. Mayor. Which item is that? Mayor Clark: Item number 15. Commissioner Plummer: Fifteen. Did we do anything about removing the... You know, what's over there on the tip of that island is not homeless. Mr. Odio: Yeah. Commissioner Plummer: Those people are encampments. They've got trailers over there, they've got vans over there. These are not homeless people. And I'm wondering why we can't move those people out. They're just parking over there. Mr. Odio: We have moved quite a few times... Commissioner Plummer: They've even... Mr. Odio: ... campers or trailers. Commissioner Plummer: Mr. Manager, they've even got boats. Mr. Odio: I've seen it. We have a plan now, hopefully, with the Homeless Trust, to start dealing with the homeless there, but first, we're going to start in downtown Miami, and then hit Watson Island. We need to... Commissioner Plummer: Well, these people, I got to assure you, from what I see, are not homeless people. I mean, so it's not going to be... Mr. Odio: There's some there that are... that are definitely not. Ms. Johnson: There are. s Mr. Odio: We can go back and remove them, but... Commissioner Plummer: Well, there's trailers. i Ms. Johnson: Yes, there are. There are some large... Commissioner Plummer: They're living out of trailers, they've living out of vans. Ms. Johnson: We'll look into it with the Police Department. 15 September 8, 1994 Commissioner Plummer: I mean, it's... You know, I'm... You've got to comply with a federal edict, I understand that. But these, to me, are not the same category as what we saw before. Mr. Odio: We'll put them on notice that they have to leave. Commissioner Gott: Mr. Mayor. Mayor Clark: Yes, Mr. Gott. Commissioner Gott: I want you to know, we, through the DDA, we requested that the priority be set up by the Homeless Trust to eliminate some of the sites on 3rd Avenue and 14th Street, and 2nd Avenue and 2nd Street. Commissioner Plummer: Whew. Horrible. Commissioner Gott: We need to deal with those areas. Those areas should be our priority, and then we should go to Watson Island. I want you to know that, that was requested by DDA, and I requested to be in front of the Homeless Trust to request those two sites to be done immediately. Mayor Clark: All right, sir. Thank you. Commissioner Plummer: Mr. Gott, let me tell you something. The ones under the 3rd Avenue expressway are definitely homeless people. Commissioner Gott: Right. That's... Commissioner Plummer: The ones on Watson Island aren't. They're just the campers that are taking advantage for free. Commissioner Gort: No, I understand what you're saying, and I agree with you. I think the ones that are not homeless should be taken out. Mayor Clark: OK. All right. Commissioner Plummer: Have fun. --------------------------------------------------------------- ------------------------------------------------ 2(K) BRIEF COMMENTS CONCERNING PROPOSED RESOLUTION TO EXECUTE LEASE AGREEMENT WITH GROVITES UNITED TO SURVIVE (GUTS), FOR USE BY THE CITY OF SPACE AT 3686 GRAND AVENUE AS A RECREATIONAL FACILITY. (See label 2.15) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Mr. Manager, on item number 18, I want you to give me some background on Grovites United to save Coconut Grove, on how this property was acquired. And now the... Did the City give them the property or the money to buy the property? Mr. Odio: We... Commissioner Plummer: Eighteen. Mr. Odio: Go ahead. 16 September 8, 1994 Ms. Lori Lutes: The City initially entered into a four-year lease with Grovites United to Survive back in 1988, and we invested thirty-five thousand dollars worth in capital improvements for that four-year period. That lease agreement provided that we could renew it at the prevailing market rate, which it has been renewed for two years. We're now proposing that a new lease be entered into. It would be for one year, with three one-year options at eight hundred dollars a month. Mayor Clark: Did we buy the land or give the land to them? Ms. Lutes: I'm not... I don't know. I can find out for you, though. Mayor Clark: Mr. Manager? Mr. Odio: I think the money we gave them at one time was to buy the Tiki Bar across the street. Commissioner Plummer: That was five hundred thousand. Mr. Odio: It was five hundred thousand dollars for the Tiki Bar. Commissioner Plummer: Yeah. Mayor Clark: Well, and now... Mr. Odio: We did not give them the money to buy this particular boxing site. Mayor Clark: OK. That's all I wanted to know. Mr. Odio: It was across the street, Mr. Mayor. ---------------------------------------------------------------------------------------------------------------- 2(L) CONSENT AGENDA ---------------------------------------------------------------------------------------------------------------- Mayor Clark: A motion to approve the consent agenda as amended. Commissioner Plummer: So move. Mayor Clark: Is there a second? With no exception, cast a unanimous ballot. Now, that only took thirty minutes. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY IT A. DETERMINED THAT ANY CONSENT AGENDA ITEM, WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED, AS A REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA. 17 September 8, 1994 THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER GORT, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: i AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. 2.1 ACCEPT BID: EDWIN M. GREEN, INC. -- FOR FURNISHING ! INSTALLATION OF SWIMMING POOL HEATER AND REPLACEMENT OF COOLING AND BUTTERFLY VALVES AT JOSE MARTI POOL -- FOR DEPARTMENT OF PARKS & RECREATION (CIP 331099). RESOLUTION NO. 94-606 A RESOLUTION ACCEPTING THE BID OF EDWIN M. GREEN, INC. FOR THE FURNISHING AND INSTALLATION OF A SWIMMING POOL HEATER AND FOR THE REPLACEMENT OF THE COOLING AND BUTTERFLY VALVES AT JOSE MARTI POOL FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF $31,202.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331099, ACCOUNT CODE NO. 589301-830; 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.) 18 September 8, 1994 2.2 ACCEPT BID: MIRI CONSTRUCTION, INC. ($18,835, TOTAL BID) -- FOR S.W. 28 AVENUE ALLEY PAVING PROJECT B-4564 -- ALLOCATE FUNDS FROM CIP 341175 -- EXECUTE CONTRACT. RESOLUTION NO. 94-607 A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $18,835.00, TOTAL BID OF THE PROPOSAL, FOR "S.W. 28 AVENUE ALLEY PAVING PROJECT B-4564"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341175, AS APPROPRIATED BY THE FISCAL YEAR 1993-1994 CAPITAL, IMPROVEMENT ORDINANCE NO. 11139, AS AMENDED, IN THE AMOUNT OF $18,835.00 TO COVER THE CONTRACT COST AND $4,852.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $23,687.00; 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.) 2.3 ACCEPT BID: ACTION LAND DEVELOPMENT CORPORATION -- FOR HAULING 140 LOADS OF RUBBLE FROM DEPARTMENT OF PUBLIC WORKS' SOUTH FORK STORAGE YARD TO A LEGITIMATE / LEGAL DUMP SITE -- ALLOCATE FUNDS. RESOLUTION NO. 94-608 A RESOLUTION ACCEPTING THE BID OF ACTION LAND DEVELOPMENT CORPORATION FOR THE HAULING OF ONE HUNDRED AND FORTY (140) LOADS OF RUBBLE FROM THE DEPARTMENT OF PUBLIC WORKS' SOUTH FORK STORAGE YARD TO A LEGITIMATE, LEGAL DUMP SITE, FOR THE DEPARTMENT OF PUBLIC WORKS, AT THE UNIT COST OF $195.64 PER LOAD, FOR A TOTAL COST OF $27,389.60; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF PUBLIC WORKS CONTRACT SERVICES ACCOUNT, ACCOUNT CODE NO. 310501-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID SERVICE. r (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 19 September 8, 1994 2.4 AUTHORIZE FINAL PAYMENT TO ANALYSIS CENTRAL SYSTEMS -- FOR COMPUTER MAINTENANCE SERVICES AND TECHNICAL ASSISTANCE RENDERED TO DEPARTMENT OF POLICE -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND (LETF). RESOLUTION NO. 94-609 A RESOLUTION AUTHORIZING THE FINAL PAYMENT TO ANALYSIS CENTRAL SYSTEMS, IN AN AMOUNT NOT TO EXCEED $9,200, FOR COMPUTER MAINTENANCE SERVICES AND TECHNICAL ASSISTANCE RENDERED TO THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.5 FUND DADE-MIAMI CRIMINAL JUSTICE COUNCIL -- ALLOCATE $35,000 FROM LAW ENFORCEMENT TRUST FUND (LETF). RESOLUTION NO. 94-610 A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE- MIAMI CRIMINAL JUSTICE COUNCIL AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE 932.7055, AND BEING SUBJECT TO APPLICABLE CITY CODE PROCUREMENT PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.6 FUND VOICES FOR CHILDREN OF DADE COUNTY, INC. -- ALLOCATE $18,000 FROM LAW ENFORCEMENT TRUST FUND (LETF). RESOLUTION NO. 94-611 A RESOLUTION AUTHORIZING THE FUNDING OF VOICES FOR CHILDREN OF DADE COUNTY, INC., AND ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $18,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED AND BEING SUBJECT TO APPLICABLE CITY CODE PROCUREMENT PROVISIONS. September 8, 1994 E El (Here follows body of resolution, omitted here and on file in the Office of t' the City Clerk.) 2.7 FUND SPONSORSHIP OF YOUTH CRIME WATCH OF AMERICA PROGRAM ($25,000) -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND (LETF). RESOLUTION NO, 94-612 A RESOLUTION AUTHORIZING FUNDING FOR THE SPONSORSHIP OF THE YOUTH CRIME WATCH OF AMERICA PROGRAM, AT A COST NOT TO EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH EXPENDITURE(S) HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE CHAPTER 932.7055, AND BEING SUBJECT TO APPLICABLE CITY CODE PROCUREMENT PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.8 PURCHASE ONE ADDITIONAL SKID STEER LOADER (UNDER CITY BID NO. 93-94-098) FOR. DEPARTMENT OF PUBLIC WORKS -- FROM NORTH AMERICAN EQUIPMENT SYSTEMS, INC. (D/B/A BOBCAT OF MIAMI) -- ALLOCATE FUNDS. RESOLUTION NO. 94-613 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE ADDITIONAL SKID STEER LOADER UNDER CITY BID NO. 93-94- 098 FOR THE DEPARTMENT OF PUBLIC WORKS FROM NORTH AMERICAN EQUIPMENT SYSTEMS, INC. D/B/A BOBCAT OF MIAMI AT THE TOTAL PROPOSED COST OF $14,527.99; ALLOCATING FUNDS THEREFOR FROM PUBLIC WORKS NEW EQUIPMENT ACCOUNT NO. 310501-840; 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.) 2.9 AUTHORIZE CITY MANAGER TO MAKE PURCHASE OFFERS AND EXECUTE AGREEMENTS WITH OWNERS OF FOUR VACANT PARCELS OF LAND LOCATED WITHIN THE CITY'S COMMUNITY DEVELOPMENT TARGET AREAS -- TO BE USED FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW / MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM -- ALLOCATE FUNDS FROM CDBG PROGRAM. RESOLUTION NO. 94-614 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKKE PURCHASE OFFERS, AS SPECIFIED HEREIN, AND EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OWNERS OF FOUR (4) VACANT PARCELS OF LAND LOCATED WITHIN THE l CITY'S COMMUNITY DEVELOPMENT TARGET AREAS AND MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE { ATTACHED EXHIBIT "A", FOR A TOTAL PURCHASE PRICE OF $32,200, SAID PARCELS TO BE USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED SITE i AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PURSUANT TO RESOLUTION NO. 93-444 UNDER PROJECT' NO. 705214; AUTHORIZING THE CITY ATTORNEY 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 fife in the Office of the City Clerk.) 2.10 RATIFY CITY MANAGER'S EMERGENCY ACTION IN AUTHORIZING PURCHASE OF OFFICE FURNITURE (UNDER EXISTING DADE COUNTY BID NO. 1072-1/95) -- FROM OFFICE CONNECTION -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE FUNDS. RESOLUTION NO. 94-615 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY ACTION IN AUTHORIZING THE PURCHASE OF OFFICE FURNITURE, UNDER AN EXISTING DADE COUNTY BID NO. 1072-1/95, FROM OFFICE CONNECTION AT A PROPOSED AMOUNT OF $8,586.48 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 921002-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 22 September 8, 1994 R 2.11 EXECUTE AGREEMENT WITH THE DOWNTOWN MIAMI PARTNERSHIP -- FOR REHABILITATING 18 BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE TREATMENT PROGRAM -- ALLOCATE FUNDS FROM CDBG COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS. RESOLUTION NO. 94-616 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DOWNTOWN MIAMI PARTNERSHIP FOR THE PURPOSE OF REHABILITATING EIGHTEEN (18) BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE TREATMENT PROGRAM, WITH FUNDS THEREFOR, IN THE AMOUNT OF $25,200.00, BEING HEREBY ALLOCATED FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.12 EXECUTE AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. -- TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. BY MR. MARK ISRAEL -- ALLOCATE $38,800, PLUS $4,000 EXPENSES FROM LEGISLATIVE LIAISON GENERAL FUND. RESOLUTION NO, 94-617 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, MR. MARK ISRAEL; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $38,800 FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED $4,000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 23 September 8, 1994 2.13 ACCEPT DONATION OF CAPITAL IMPROVEMENTS / REPAIRS (VALUED AT $38,000) TO THE MIAMI-ICHIMURA JAPAN GARDEN ON WATSON ISLAND -- FROM RICOH, SAN-AI-KAI -- TO ASSIST CITY IN CONNECTION WITH POST - HURRICANE RESTORATION. (See label 21) RESOLUTION NO. 94-618 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE DONATION OF CAPITAL IMPROVEMENTS AND REPAIRS, VALUED AT $38,000, TO THE MIAMI-ICHIMURA JAPAN GARDEN LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, FROM RICOH, SAN-AI-KAI FOR THE PURPOSE OF ASSISTING THE CITY IN THE POST -HURRICANE RESTORATION OF SAID FACILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID DONATION AND IMPLEMENT THE RESTORATION PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.14 ACCEPT GRANT ($100,000) FROM STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, UNDER THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM -- FOR IMPROVEMENTS TO PEACOCK PARK -- EXECUTE NECESSARY DOCUMENTS. RESOLUTION NO. 94-619 A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $100,000 FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR IMPROVEMENTS TO PEACOCK PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT AND IMPLEMENT THE PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - - 24 El 2.15 EXECUTE LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR RENTAL OF 4,088 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE) -- AUTHORIZE MANAGER TO GRANT LESSEE OPTION TO EXTEND. RESOLUTION NO. 94-620 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY ("LESSEE") FOR THE RENTAL OF 4,088 SQUARE FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER, LOCATED AT 1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FOR A TERM OF THREE YEARS FROM JULY 23, 1992 THROUGH JULY 22, 1995, AT $5.25 PER SQUARE FOOT FOR A TOTAL ANNUAL RENT OF $21,462 AND PAYABLE WITH AN INITIAL LUMP SUM OF FORTY TWO THOUSAND, NINE HUNDRED TWENTY FOUR DOLLARS ($42,924.00), FOR THE PERIOD FROM JULY 23, 1992 TO JULY 22, 1994, WITH THE REMAINDER OF THE TERM PAYABLE IN TWELVE EQUAL MONTHLY INSTALLMENTS OF $1,788.50; AUTHORIZING THE CITY MANAGER TO GRANT LESSEE THE OPTION TO EXTEND SAID LEASE FOR AUTOMATIC ONE (1) YEAR PERIODS, UPON THE SAME TERMS AND CONDITIONS, EXCEPT FOR POSSIBLE RENTAL INCREASES AS SPECIFIED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.16 EXECUTE LEASE AGREEMENT WITH GROVITES UNITED TO SURVIVE (GUTS) FOR USE BY THE CITY OF SPACE AT 3686 GRAND AVENUE, AS A RECREATIONAL FACILITY -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND (LETF). RESOLUTION NO. 94-621 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GROVITES UNITED TO SURVIVE ("GUTS"), FOR THE USE BY THE CITY OF THE SPACE AT 3686 GRAND AVENUE, MIAMI, FLORIDA, AS A RECREATIONAL FACILITY, AND PROVIDING THAT THE USE OF SAID SPACE SHALL BE AT AN INITIAL COST OF $800.00 PER MONTH; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH STATE STATUTE 932.7055. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 25 September 8, 1994 2.17 AUTHORIZE CITY MANAGER TO NEGOTIATE / ENTER INTO A 15-YEAR LEASE AGREEMENT WITH BEACON PROPERTY MANAGEMENT CORPORATION (DB/A BEACON MANAGEMENT COMPANY OF MASSACHUSETTS LIMITED PARTNERSHIP), AGENT FOR CRUZ DEVELOPMENT & ASSOCIATES, LTD. -- FOR THE CITY'S USE OF ROOFTOP SPACE AND AN INTERIOR EQUIPMENT ROOM FOR CITY -OWNED COMMUNICATIONS EQUIPMENT IN THE BISCAYNE VIEW APARTMENTS BUILDING (915 N.W. 1 AVENUE) -- ALLOCATE FUNDS. (See label 2F) RESOLUTION NO. 94-622 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT ("LEASE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BEACON PROPERTY MANAGEMENT CORPORATION, D/B/A BEACON MANAGEMENT COMPANY OF MASSACHUSETTS LIMITED PARTNERSHIP, AGENT FOR CRUZ DEVELOPMENT & ASSOCIATES, LTD., FOR THE CITY'S USE OF ROOFTOP SPACE AND AN INTERIOR EQUIPMENT ROOM FOR CITY -OWNED COMMUNICATIONS EQUIPMENT IN THE BISCAYNE VIEW APARTMENTS BUILDING, LOCATED AT 915 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FOR A FIFTEEN (15) YEAR PERIOD, WITH A FIVE (5) YEAR EXTENSION AT THE CITY'S OPTION, AT AN ANNUAL RENT OF ONE DOLLAR ($1.00); ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 420601-620. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.18 EXECUTE AGREEMENT WITH FILOMENA CERVONE D'URSO, CONSULTANT -- TO PERFORM THE SERVICES OF INTERNATIONAL TRADE SPECIALIST (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $36,000 FROM INTERNATIONAL TRADE BOARD BUDGET (FY '94-95). RESOLUTION NO. 94-623 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FILOMENA CERVONE D'URSO, CONSULTANT, TO PERFORM THE SERVICES OF INTERNATIONAL TRADE SPECIALIST, FOR THE PERIOD COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, AT A FEE IN THE AMOUNT OF $36,000.00; ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET, FISCAL YEAR 1994-1.995. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 26 September 8, 1994 Ell 4 2.19 EXECUTE AGREEMENT WITH CHRISTINA PRADERE -- FOR RECEPTIONIST SERVICES AT THE INTERNATIONAL TRADE BOARD (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $17,000 FROM ITB BUDGET. RESOLUTION NO. 94-624 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CHRISTINA. PRADERE, FOR RECEPTIONIST SERVICES AT THE INTERNATIONAL TRADE BOARD, FOR THE PERIOD OF OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, IN THE AMOUNT OF $17,000; ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET, FISCAL YEAR 1994-1995. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.20 EXECUTE AGREEMENT WITH MANUEL J. GONZALEZ, CONSULTANT -- TO PERFORM SERVICES OF SENIOR STAFF MARKETING (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $45,000 FROM INTERNATIONAL TRADE BOARD BUDGET. RESOLUTION NO. 94-625 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MANUEL J. GONZALEZ, CONSULTANT, TO PERFORM THE SERVICES OF SENIOR STAFF MARKETING, FOR THE PERIOD COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, AT A FEE IN THE AMOUNT OF $45,000.00; ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET, FISCAL YEAR 1994- 1995. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 27 September 8, 1994 2.21 EXECUTE AGREEMENT WITH ROBERTO BERRIOS, CONSULTANT -- TO PERFORM SERVICES OF ECONOMIC AND TRADE DATA ANALYST (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $31,920 FROM INTERNATIONAL TRADE BOARD BUDGET, RESOLUTION NO. 94-626 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ROBERTO BERRIOS, CONSULTANT, TO PERFORM THE SERVICES OF ECONOMIC AND TRADE DATA ANALYST, FOR THE PERIOD COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, AT A FEE IN { THE AMOUNT OF $3.1,920,00; ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET, FISCAL YEAR 1994-1995. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.22 EXECUTE AGREEMENT WITH OMAR DIAZ-SALINERO, CONSULTANT -- TO PERFORM SERVICES OF GRANT SPECIALIST (OCTOBER 1, 1994 - SEPTEMBER 30, 1995) -- ALLOCATE $30,000 FROM INTERNATIONAL TRADE BOARD BUDGET. RESOLUTION NO. 94-627 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH OMAR DIAZ-SALINERO, CONSULTANT, TO PERFORM THE SERVICES OF GRANT SPECIALIST, FOR THE PERIOD COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 199.5, AT A FEE IN THE AMOUNT OF $30,000.00; ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET, FISCAL YEAR 1994- 1995. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 28 September 8, 1994 2.23 EXECUTE AGREEMENT WITH PEER CONSULTANTS, P.C. -- TO PROVIDE TECHNICAL SUPPORT IN DEVELOPMENT AND PERMITTING OF THE VIRGINIA KEY YARD WASTE MULCHING AND COMPOSTING FACILITY (3851 RICKENBACKER CAUSEWAY) -- AL,LOCATE $40,500 FROM FY'94 RECYCLING AND EDUCATION GRANT FUND (PROJECT: 197006) -- FOR DEPARTMENT OF GSA & SOLID WASTE. (See label 2C) RESOLUTION NO. 94-628 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PEER CONSULTANTS, P.C., FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE TO PROVIDE TECHNICAL SUPPORT IN THE DEVELOPMENT AND PERMITTING OF THE VIRGINIA KEY YARD WASTE MULCHING AND COMPOSTING FACILITY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIA I1, FLORIDA; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $40,500.00, FROM THE FY 94 RECYCLING AND EDUCATION GRANT FUND, PROJECT NO. 197006, EXPENDITURE INDEX CODE NO. 421304-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SERVICES RENDERED IN ACCORDANCE WITH SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 29 September 8, 1994 2.24 RATIFY CITY MANAGER'S EMERGENCY ACTION AS FOLLOWS: (A) RESCIND BIDS OF TRADE SERVICES INDUSTRIES AND ALLPRO JANITORIAL -- FOR FURNISHING JANITORIAL SERVICES TO SIX OF THE CITY'S NET OFFICES FOR FAILING TO PROVIDE REQUIRED INSURANCE CERTIFICATE -- FOR DEPARTMENT OF GSA & SOLID WASTE; AND (B) AWARD BID TO BEST MAINTENANCE AND JANITORIAL, THE THIRD MOST RESPONSIVE / RESPONSIBLE BIDDER, FOR FURNISHING SAID SERVICES. RESOLUTION NO. 94-629 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY ACTION IN RESCINDING THE BIDS OF TRADE SERVICES INDUSTRIES AND ALLPRO JANITORIAL FOR THE FURNISHING OF JANITORIAL SERVICES TO SIX (6) OF THE CITY'S NET OFFICES FOR FAILING TO PROVIDE THE REQUIRED INSURANCE CERTIFICATE FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/PROPERTY MAINTENANCE DIVISION AND AWARDING THE BID TO BEST MAINTENANCE AND JANITORIAL, THE THIRD MOST RESPONSIVE AND RESPONSIBLE BIDDER, FOR FURNISHING JANITORIAL SERVICES TO SIX (6) CITY NET OFFICES AT A. TOTAL PROPOSED ANNUAL COST OF $19,320.00; 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 THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here fellows body of resolution, omitted here and on file in the Office of the City Clerk.) 30 September 8, 1994 2.25 RATIFY CITY MANAGERS'S EMERGENCY ACTION IN AUTHORIZING CLEAN UP OF THE STORM SEWER OIL -WATER SEPARATOR (UNDER EXISTING DADE COUNTY BID NO. 1251-4/89-2), BY PETROLEUM MANAGEMENT, INC. -- FOR DEPARTMENT OF GSA & SOLID WASTE / FLEET MANAGEMENT DIVISION -- ALLOCATE $48,896. RESOLUTION NO. 94-630 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE EMERGENCY ACTION OF THE CITY MANAGER AUTHORIZING THE CLEAN UP OF THE STORM SEWER OIL - WATER SEPARATOR, UNDER AN EXISTING DADE COUNTY BID NO. 1251-4/89-2, BY PETROLEUM MANAGEMENT, INC., AT A TOTAL PROPOSED COST OF $48,896,00, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/FLEET MANAGEMENT DIVISION; ALLOCATING FUNDS THEREFOR FROM THE FY '93-94 GENERAL SERVICES ADMINISTRATION AND SOLID WASTE OPERATING BUDGET, ACCOUNT CODE NO. 42161-340 FURTHER RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION IN AUTHORIZING 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.) ---------------------------------------------------------------------------------------------------------------- 3. GRANT REQUEST BY MRS. VERA BARROUIN MACHADO, CONSUL GENERAL OF BRAZIL, FOR FEE WAIVER IN CONNECTION WITH USE OF COCONUT GROVE EXHIBITION CENTER TO ENABLE REGISTERED BRAZILIAN VOTERS RESIDING IN SOUTH FLORIDA TO VOTE IN THEIR ELECTION FOR PRESIDENT (OCTOBER 3, 1994). ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Let's see how long this takes. Item Number 2. Commissioner Plummer: Move it. Mayor Clark: Is there a second? Brazilian concert fee waiver. Commissioner Plummer: They're going to use it for an election. Mayor Clark: Is there a second? Vice Mayor Dawkins: Can you waive the fee on the use of that facility, Mr. Manager? Mr. Cesar Odio (City Manager): On that one, yes, sir. Mayor Clark: For voting purposes, only to vote. Mr. Odio: Only for that, yes. 31 September 8, 1994 i Mayor Clark: OK. With no exception, cast a unanimous ballot, Madam Clerk. The following motion was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-631 A RESOLUTION WAIVING THE RENTAL FEE FOR USE OF SPACE AT THE COCONUT GROVE EXHIBITION CENTER TO PERMIT THE CONSULATE OF BRAZIL TO CONDUCT A PRESIDENTIAL ELECTION ON MONDAY, OCTOBER 3, 1994; SAID WAIVER CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark R NAYS: None. ABSENT: None. .--------------------------------------------------------------------------------------------------------------- 4. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. --------------------------------- ------------------------------------------------------------------------------ Commendation: Betty Amos, President of Fuddruckers Restaurants -- for her contribution to the success of the First Biannual Palm Tree Weekend Picnic. 4 5. DISCUSSION CONCERNING THE VESSEL "CELEBRATION" -- DIRECT I ADMINISTRATION TO SIT DOWN WITH MR. MIKE DUDIK TO I NEGOTIATE A SLIP THAT WILL ACCOMMODATE HIS VESSEL BY i NEXT COMMISSION MEETING. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 3. Commissioner Plummer: Mr. Mayor, that was my request of the boat, the "CELEBRATION." I met with the owner of the boat, and... Monk Terry, is he here, Mr. Manager? Mr. Tony Pajares: He has not arrived, Commissioner. Commissioner Plummer: Then, I would ask this be held and... Well, let me ask a question. Mike, has this been resolved or not? Mayor Clark: For the record, you... Commissioner Plummer: Very quickly. Mayor Clark: For the record, your name. Mr. Mike Dudik: For the record, I met with Monk Terry... Vice Mayor Dawkins: Your name and address. Mayor Clark: Your name, please, sir. Mr. Dudik: Michael Dudik, 3239 West Trade Avenue, Coconut Grove. Mayor Clark: All right. Mr. Dudik: I met with Monk Terry yesterday for about five and -a -half-hours. I did receive a phone call this morning that said the Administration did not want to do anything with it till after they figure out what they want to do with the marina. Commissioner Plummer: OK. Then. Mr. Dudik: So that's basically where it stands at this point. Commissioner Plummer: Mr. Mayor, the reason I asked this to be brought back, there were some statements made before this Commission that were not quite correct, and they were detrimental to the side of the gentleman who is trying to apply for space. One, it was said that Bayside had the right of approval over who went inside of that marina, and subsequently, it has been shown that they do not have that right. The second item was, is that Hard Rock Cafe was opposed to this gentleman bringing his boat inside, and he now has a letter which he has sent to each one of us from Hard Rock Cafe that they have no objection. And so for that reason is the reason I asked that it be brought back before the Commission. I thought that were... statements that were made that were not true statements. This man should have his day in court. He... f i Mayor Clark: Well, if, J.L., if the permission was granted, you would have to have it granted with a proviso that work started in there, he'd have to remove himself from there so he wouldn't be in the way. Commissioner Plummer: Absolutely no question about that, Mr. Mayor. Mayor Clark: Understand that, Mr. Manager? Mr. Odio: Except I think you should listen to staff for a minute, because where he wants to put that boat cannot be done, Mr. Mayor and Commissioners. You have a letter from Hard Rock Cafe. You also have seen a letter from twenty other businesses there that do not want him there. So... Vice Mayor Dawkins: But is there any other boats in the vicinity where you don't want him. Not... I'm sorry, Mr. Manager, not you. Where he's not supposed to go. I don't want to personalize this. Mr. Odio: Well, that's why I wanted to say that they explain why... Vice Mayor Dawkins: No, no, no. I just need another answer, yes or no. Are there any vessels within the area where it is said this vessel cannot go? Mr. Lawrence Terry: There are two. Mr. Odio: There are two. Vice Mayor Dawkins: So, now, why is it that the other two have priority or have a right to be there, and he does not have a right to be there, his vessel? Mr. Odio: If you want to explain it because... Mr. Terry: There are two vessels now that are... Mayor Clark: Give us your name, please, sir. Mr. Terry: My name is Lawrence Terry, and I work in the Marinas Division for the Department of Conventions. There are currently now two boats, and I have a schematic here which I will hand out to you, because I think this will make it, this will help make it clear. Commissioner Plummer: By the way, if the rest of the Commission are not aware, which I was not, they now have a new plan that is being thought about for the marina, which this Commission, to my knowledge, or at that time, I had never seen. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.) Commissioner Plummer: Well, there's now discussion going on about something else, about moving the charter boatmen out of where they are, which they have... Mr. Odio: That's not what we're doing. Commissioner Plummer: Well, I... Mr. Odio: That's some civilians coming around, trying to propose that. f Commissioner Plummer: Oh, OK. Well... s Mr. Odio: That's not the plan that we have. Commissioner Plummer: Excuse me. There is a second proposal that's trying to be pushed. Mr. Odio: Oh, well, that's... Commissioner Plummer: So take it from there. Mr. Odio: I saw that, and I told them that we already had a plan. Commissioner Plummer: Fine. Mayor Clark: All right. Continue. Mr. Terry: The second piece of paper I just gave you is the plan that was approved by the Commission, which shows the slips that are... the permanent slips and the... On the south side you see, which are floating docks. As you see, this current plan calls for floating docks exactly where Mr. Dudik would like to put his vessel. We... The other slip that you have shows that on... Vice Mayor Dawkins: Just a minute, sir. The floating docks are A-1, 2, 3, 4, 5, 6, 7, 8 and 9? Those are the floating docks, or are those permanent docks, on this plan here? Mr. Odio: The one with the solid line. Mr. Terry: It's the solid lines without the finger piers. Mr. Odio: Right coming up, on the Reflections there, Hard Rock Cafe. Vice Mayor Dawkins: On this page. Mayor Clark: This one here. See the long black lines? That's the floating dock. I don't know where you got this. Vice Mayor Dawkins: The floating docks? Mr. Terry: These are the floating docks. Vice Mayor Dawkins: And how many are there? How many floating docks will be there? I Mr. Terry: Those are the three. There are three floating docks. Vice Mayor Dawkins: And how many berths... How many ships can berth at each dock? Mr. Terry: On the floating pier? Vice Mayor Dawkins: Yes, or whatever you have here, yes. Mr. Terry: The idea of the floating piers is... Vice Mayor Dawkins: How many vessels will be able to berth at each floating pier? Number of vessels. 35 September 8, 1994 t Mr. Terry: There's a total of seventeen hundred feet of floating piers, which, depending on the size of the boats, which are usually going to be eighteen feet or twenty feet, so... Vice Mayor Dawkins: All right. So with eighteen feet, how many vessels will berth there? Mr. Terry: You're talking about sixty or seventy boats possible at one time. Mayor Clark: This is only temporary dockage. j i Vice Mayor Dawkins: OK. Mr. Terry: This is temporary docking for the small boaters to come in to visit Bayside. i Vice Mayor Dawkins: This will not be for commercial buses like the "CELEBRATION"? i Mr. Terry: No, sir. Vice Mayor Dawkins: That's what I'm trying to get through. OK. Commissioner Plummer: And those boats that are presently there know they've got to move? i Mr. Terry: The... Commissioner Plummer: The big catamaran sailboat? i Mr. Terry: The "PAU HANA", which is the catamaran sailboat, and the "ISLAND PRINCESS" - or the "HERITAGE," rather, are both sailboats which have been there for many years. We also have the gondolas that... Commissioner Plummer: But, I mean, they're going to have to move by virtue of these floating docks. Mr. Terry: They're going to have to move. Vice Mayor Dawkins: Where will they go to, Mr. Plummer? r Commissioner Plummer: I don't know. I'm just asking. Mr. Terry: We are working on the working drawings for the marina now, and we're trying to resolve that problem. Vice Mayor Dawkins: So when will that, the working drawings, will be completed when? Mr. Terry: Probably by November. Vice Mayor Dawkins: Of what year? Mr. Terry: Of this year. Vice Mayor Dawkins: OK. Mr. Dudik: Commissioner, if I may input here. A� Vice Mayor Dawkins: No, no, no. You and J.L. Plummer... Commissioner Plummer: Well, you know, if it's... Vice Mayor Dawkins: OK. Now, when you move the vessels that are there now, the commercial vessels, you're going to have how many slips for them to go into? - to operate from... November, now, is the tourist... height of the tourist season. Mayor Clark: He said that's when the plan will be finished. Mr. Terry: Well, that's when the working drawings will be completed. The building will not start until next spring or late spring. Vice Mayor Dawkins: All right. So now... Thank you, Mr. Mayor. You got where I was trying to get. So this gentleman has no place to place his boat until we finish with the working drawings, and make assignments and what have you; is that right? Mr. Terry: Right now, he has a dock, which is on the outside of this wall, which is marked on... Vice Mayor Dawkins: Well, but, you see, I've been telling you this, and everybody don't seem to understand this. This man has been waiting for, quote/unquote, a choice spot for three years. And for some reason, other people come behind him, receive a choice slot, and you still leave him on the outer edges. Now, you're telling me that you're going to give him another slip on the outer edges, and leave him out there for another nine months, where everybody inside will make more money than... because that's the name of the game - more money than - he's making money, but make more money than him. I'm sorry. I'm finished, Mr. Plummer. Commissioner Plummer: Well, my... Commissioner Gort: Mr. Mayor. Commissioner Plummer: You know, it's very simple. This man has applied, and been turned down, turned down, and turned down, for reasons that were given that do not exist, and I think it's been to his detriment. Now, you know, I... Some of these other people, Mr. Manager, are friends of mine, also, that you're talking about letters that are in opposition. But they're competitors, and that's understandable. They don't want any further competition. I mean, I'd like to be a sole source that they find around here once in a while, but it just seems like this man has not had a fair shake, and I want to know why. I mean, it should be that he should have the same right to go in here as the others have. And yet, every time he does, lie turns around, and he's zapped. It doesn't make sense to me. Mr. Terry: The vessel "CELEBRATION" has... When he first came into Bayside, which was four years ago, four and -a -half years ago, he had a slip on the old piers, which is on one of the T- heads, which is not in any of these two drawings you have. He left town with the vessel. When he came back, that slip was no longer available. At that point, the City allowed him to... Actually, the City built a dock for him at Dinner Key Marina, which he still has, and at that time, he was happy with it. He did request other slips, if they came available, which they did not. And since then, lie has been... He used the "BOUNTY" slip when it was available, and currently, he has a slip at Bayfront Park, which he has continued to use over the last several months and years. So he has had a slip there. Now, what he wants now is a slip on the inside. Commissioner Plummer: Of course. That's where the money is. Mr. Dudik: May I put a few... input a correction, please? That slip that everybody keeps talking about was in 1988. It was fora six-month period. I came back in 1988, in late fall, and that slip 37 September 8, 1994 1 was given to my competitor. Because of the actions, the way it happened, I physically went to the Code book, the Charter. I followed the rules and regulations set forth, filed with the City of Miami in 1990, put the applications down, with letters, hand -carried, certified, to the City of Miami, so it would not happen again. Since then, there were seven other boats - excuse me - four other boats and then three in the Pier Five Association that were placed in front of me. This has no bearing whatsoever to do on a T-head of a slip that was back in 1988. If you look at the applications, you look at the deposits, look at the monies received by the City of Miami. These were given in 1990. Again, no bearing on that slip, and for the record, that slip was destroyed by the hurricane. Commissioner Plummer: Well, I think the man has a very legitimate complaint. I really do. And I think that the Administration needs to sit down and find a way. I'll tell you what I would... I'd like you to sit down between now and the next Commission meeting and come back and tell me where he can be put inside of this, "inside." I think he has that right. Mr. Terry: We have actually offered him several slips on the inside. Commissioner Plummer: Inside? Mr. Terry: Inside, in some other Pier Five slips. Mr. Odio: It has to be where he wants it, or none at all. Commissioner Plummer: Excuse me. Where in the Pier Five? Mr. Terry: You see where it says "SEAHAWK" and "PEGGY JOAN"? Commissioner Plummer: Yeah. Mr. Terry: It's in that area. Commissioner Plummer: Well, those are fishing boats. That's not... Mr. Terry: Those are fishing boats, but some of those slips are currently available. I forget which number. I think it's 16, number 16. Mayor Clark: Well, let him go in there. Mr. Terry: He has been told that he could go in there, but he does not want to go in there, because that's not where the action is. Mr. Dudik: If I may input, I was never offered any slip on Pier Five Association, ever. Mayor Clark: You are now. Mr. Dudik: Secondly, a vessel of my caliber does need a finger pier to walk the people off on. We also need twenty-one feet wide for accessibility. Mayor Clark: All right, now, we're not getting anywhere with this argument. Now, I'm going to close it up in about two seconds. Mr. Gort. Commissioner Plummer: OK, Well, I will ask the Administration to come back at the next meeting, to sit down and negotiate with him a slip that will accommodate his boat on the inside. OK? OK? 38 September 8, 1994 Mayor Clark: All right. Mr. Gort. Commissioner Plummer: His boat is larger. Mr. Terry: We can try. Commissioner Gort: Mr. Mayor, I'd like to have some standard in this, because I had someone visit me when I recently got elected that was willing to make an investment of five to seven million dollars, and this; boat was to take trips to the Everglades, which is something different than what we have there. Now, my understanding is, when I sent him over and told him to deal with the Administration. with Bayside, he was told... He wanted the same site. He was told that, that site could not be used. So I want you, if that is the standard of the City, to put it down in paper, in black and white, so everybody would understand and we won't have this confusion. Mr. Pajares: Commissioner, there is a memo saying we will not take any more vessels inside that area until the marina is finished. Commissioner Gort: All right. Well, make sure you let everybody know. Mr. Pajares: Now, this gentleman, also, the size of his boat has a lot of bearing for the location of that boat, because the small gondolas in that area, there's other... The "PAU HANA" is there, and when he turns the boat, it could be dangerous. He has got a ninety -foot vessel. Isn't it ninety foot? It's not a small float. Commissioner Gort: Just make sure you put it in black and white, because he's telling me you all offered, and he said he's never been offered, so somewhere there's got to be documentation following that up, please. Mr. Pajares: Fine. I just want you to know, as of two months ago, the Manager, himself, offered him dockage outside, where he claimed he wanted, where the "BOUNTY" was. He also refused that offer. We've sat down three or four times trying to work this out. Mayor Clark: Tony, Tony, you got a new method now. Try to work out something in two weeks on the inside. Commissioner Plummer: You know what... I think you know what I'm looking for. Mayor Clark: All right, fine. We'll dispose of it, then. There's no action necessary on this, Madam Clerk. Commissioner Plummer: No. Mr. Dudik: 'Thank you. END OF DISCUSSION -- REFERRED TO CITY MANAGER 39 September 8, 1994 } ---------------------------------------------------------------------------------------------------------------- 6. ALLOCATE $62,000 IN SUPPORT OF HERMANOS AL RESCATE (BROTHERS TO THE RESCUE), WHOSE PRIMARY PURPOSE IS TO AID POLITICAL REFUGEES WHO SEEK REFUGE BY CROSSING THE FLORIDA STRAITS, TO COVER PAYMENT OF RENTAL FEES FOR HANGARS AT OPA-LOCKA AIRPORT -- STRONGLY URGE METRO- DADE COUNTY TO MATCH THE CITY'S ALLOCATION. Mayor Clark: Item Number 4. Commissioner De Yurre: Yes, Mr. Mayor. Mayor Clark: Brothers to the Rescue. Commissioner De Yurre: That's my item. We have here Brothers to the Rescue, "Hermanos al Rescate," and needless to be said, we know the work that they've been doing, saving lives on a daily basis; not just so much now, during the crisis, that it's come to be known, the work that they do, but throughout the years that they've been operating. And though the perception may be that it's a Cuban op. -ration, there are non -Cubans at work for Hermanos al Rescate, and it isn't a matter of just saving Cubans out there. They're saving all kinds of people that are out there seeking freedom, and seeking the right to live in a free, democratic society. Mayor Clark: What they need, Victor, is a resolution. Commissioner De Yurre: They need money, Mr. Mayor. You know, they have a hangar out at Opa-Locka, where they operate from, which cost them sixty-two thousand dollars a year. They have tried to obtain a waiver of the rental fee from the Dade County Government, but in a letter that I have here, legally, that cannot be done, and... Mayor Clark: Why? Commissioner De Yurre: It says here, Aviation Administration grant assurances, 49 USC Section 2210-A, in the contractual agreement with the airlines prohibit discrimination the rent and charges assessed at the airport. It says here, in fact, that Metro -Dade Police, a Dade County agency, pays the same market rental rate like, for the same like premises at an adjacent building. So it seems like they have no latitude as far as waiving any rentals, any rental fees. Miller. Vice Mayor Dawkins: Mr. Mayor, they have no latitude for waiving, but they have all the latitude in the world of dipping into their contingency fund and paying it. Mayor Clark: The County. Vice Mayor Dawkins: Yes, sir. Mayor Clark: Yes, sir. They give away money down there like they're giving away soap at a bath convention. Commissioner De Yurre: Mr. Mayor, what I want... What I would like to do is, understanding that, because I'm sure there are ways that, if they want to, that they can give a grant or they can do a number of things. I don't want to... understanding the work that they're doing, and the 40 September 8, 1994 emergency situation that we have, the sixty-two thousand dollars means a number of additional flights that are necessary, particularly for this year, of what... in this emergency situation. So I would like... I would make a motion that we be in a position to give them the sixty-two for this year, and also at the same time, if the County... if we can get the County to give it, then, you know, we won't have to give that money, but at least that they know that they're going to get the sixty-two, either from the City or from the County, for this one-year period, and to urge the County to grant them that money, or give them some kind of assistance of that nature. But I want to make sure that they walk out of here knowing that they have that money at their disposal, to put it to work, they way they've been doing it so far. Mayor Clark: Mr. Dawkins. Commissioner Plummer: Well, why... Mayor Clark: Please, wait a minute. Wait a minute. Vice Mayor Dawkins: The only reason I can go along, the only way I'll go along with this is that we, as a unit, go to the County and have the County pick up its fair share. Everybody cannot continue to come to the City of Miami and get a free handout. I am in favor of this, because that's the only way the Haitians get through, is that the Brothers spot Cuban rafters and tell the Coast Guard, "They're over here," and the Coast Guard leaves that spot vacant, and the Haitians slip through. OK? So I want them to put as many planes up there as they can, and continue to point out the Cuban rafters, and the Haitians will be able to go around the corner, and come on in. So I'm with you a hundred percent. OK? But I still think, Mr. Mayor, and fellow Commissioners, that the County must assume its humane, Mr. Manager, responsibility. Commissioner De Yurre: And I'm in full accord with you... Commissioner. Gort: Mr. Mayor... Commissioner De Yurre: ... except that we, as a community, cannot afford to wait for the County to do what they should do, and I think it's incumbent upon us, maybe to show some leadership, in the humanitarian aspect of saying, "Hey, go do the job you need to do. We'll back you up, up to that sixty-two thousand. We'll work with the County and try to see - make them see the light and understand the gravity of the situation." But we need to move on this, and it's quite urgent that we do it today. Mayor Clark: Offer the motion. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I'll second the motion with the condition that the City Manager sits down with the County and see how we can get the funds from them. Commissioner Plummer: Why am I missing something? Why... You know, they are relieving or substituting for the Federal Government. Why isn't the Federal Government supplying part of the money for them? I mean, what they're doing is helping the Coast Guard. The Coast Guard is a federal agency. Arid I just don't see how, you know, that they're not making application to the Federal Government,: which should be paying the whole tab. Mr. Jose J. Basulto: Mr. Mayor and members of the Commission, respectfully, I'd like to say to you that we have refused help from the Federal Government. We do not feel that it's incumbent 41 September 8, 1994 to the Federal Government to do something that belongs to the community and is being done by the community, thereby, we simply are not in agreement with going to the Federal Government for funds. Vice Mayor Dawkins: I beg to differ with you. It is the Federal Government' responsibility, but if we five Commissioners cannot demand from the Federal Government that it picks up its fair share of covering for the refugees who come in here, sir, I would not dare embarrass you by having you, one individual, go ask them for nothing. Commissioner Gort: Mr. Mayor. Mayor Clark: All right. Yes, sir. Commissioner Gort: My understanding is the institution itself did not want to be involved with the... accepting directly money from the Federal Government because of the criteria and the guidelines that the Federal Government set up, and they might limit the amount of work they do. Maybe the suggestion could be. that maybe the City, working with the County, you can all get the funds and... Mayor Clark: All right. Let's see... Commissioner Gort: Through the City and through the County, we'll give it to them. Mayor Clark: Let's see how we'll work. Call the roll, Madam Clerk. Commissioner Plummer: Wait a minute, excuse me. What was... Mayor Clark: He's put the provisos in there. Commissioner Plummer: Is that a matching grant of thirty-one and thirty-one? Commissioner De Yurre: No, right now, it's... J.L., my motion is the sixty-two and... Commissioner Plummer: Ha-ha. You're giving them the money. Don't kid yourself. I mean, you know, the County... If we uo it, the County is not going to give a damn dime, and you know it. Vice Mayor Dawkins: That's right. That's why I said... Commissioner Plummer: Let's understand what it is. Vice Mayor Dawkins: I said sixty-two and sixty-two. Commissioner Plummer: It is a grant of sixty-two, period, amen, that's it. I'll vote for it. Vice Mayor Dawkins: Yeah. We give sixty-two, and have the County give sixty-two. If the County gives sixty-two, they got a hundred and four - a hundred and twenty-four. If they don't give anything, they still got the sixty-two. Commissioner De Yurre: That's the way it goes. Mayor Clark: What do you say? Vice Mayor Dawkins: Would you accept that amendment? 42 September 8, 1994 Mr. Basulto: Beautiful. Beautiful. Commissioner De Yurre: That sounds very good. Vice Mayor Dawkins: OK. Second it? Mayor Clark: Seconded by Mr. Gort. Commissioner Plummer: Yeah. Mayor Clark: Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-632 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $62,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF HERMANOS AL RESCATE" (BROTHERS TO THE RESCUE) TO DEFRAY THE COSTS OF RENTAL SPACE AT THE OPA-LOCKA AIRPORT, SAID SPACE BEING REQUIRED FOR STORAGE OF' RESCUE AIRPLANES USED BY SAID ORGANIZATION; CONDITIONING SAID ALLOCATION UPON COMPLIANCE WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI; FURTHER, URGING METROPOLITAN DADE COUNTY TO ALLOCATE MATCHING FUNDS FOR SAID PURPOSE; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. 43 September 8, 1994 7. BRIEFLY DISCUSS AND WITHDRAW CONSIDERATION OF STATUS OF MINORITY TENANT'S AT BAYSIDE MARKETPLACE -- DIRECT ADMINISTRATION TO PLACE ITEM ON AGENDA FOR FIRST MEETING IN OCTOBER. Vice Mayor Dawkins: Why was item 5 pulled from the agenda? Mr. Cesar Odio (City Manages): Yes. Commissioner, the City... Their attorney requested that it be withdrawn. We are going to put it in the first meeting of October. They needed to prepare a full report, sir. That's why. Vice Mayor Dawkins: OK. Thank you, Mr. Manager. END OF DISCUSSION -- NO ACTION TAKEN Mayor Clark: Item 6. Status of health insurance benefits for the City boards. Commissioner Plummer: Wait a minute, excuse me. What happened with 5? Mayor Clark: Withdrawn. Mr. Cesar Odio (City Manager): No, we're going to put it in the first meeting of October. Commissioner Plummer: OK. All right. Mr. Odio: Lucia has requested that. Commissioner Plummer: Fine, fine, just asking. ---------------------------------------------------------------------------------------------------------- 8. DIRECT ADMINISTRATION TO COME BACK WITH THE FOLLOWING INFORMATION: (a) TOTAI. COST FACTORS ASSOCIATED WITH PRESENT HEALTH INSURANCE BENEFITS EXTENDED TO CITY BOARD MEMBERS, WHICH SPECIFIC BOARD MEMBERS PRESENTLY ENJOY SAID BENEFITS, AND A LIST OF SPECIFIC BENEFITS PRESENTLY BEING GRANTED; AND (b) TOTAL CITY COST IF PRESENT BENEFITS WERE TO BE EXTENDED TO ALL BOARD MEMBERS. Mayor Clark: All right. On Item Number 6. Commissioner Plummer: Where is your insurance person? Mayor Clark: Mr. Manager. Mr. Odio: Yes, sir. 44 September 8, 1994 1 i i Commissioner Plummer: Item 6. Mayor Clark: You know, back a number of years ago, we never had this before. When did this start, insurance for board members? Commissioner Plummer: Well, it hasn't started. Mr. Odio: It has not, M_-. Mayor. Commissioner Plummer: They want to start it. Mr. Odio: There are some boards that do have benefits. This came about because I believe the transition team, or that ordinance that was passed when we revamped the boards eliminated all group insurance benefits, and that's why this needed clarification. Am I right? Yeah, that's why. Commissioner Plummer: So what are you saying? Mr. Odio: What we're saying is, you'd have to make a decision whether some boards will have health insurance benefits for board members or not. Commissioner Plummer: Well, isn't this the one that we asked you to come back and give us an estimated cost on? Mr. Odio: We have that estimated cost now. It's in the package. Commissioner Plummer: And has it been delineated as to all boards, some boards, staff included of the boards, outside counsel of the boards? You know, what are we looking at, as a bottom line number? - I guess is what I'm asking. Mr. Odio: Well, the bottom line is this. You... It's a policy decision, really. Since the ordinance was passed, it eliminated all group benefits to all boards. You might decide you want to do it to two or three boards, because... The cost is right here in your package. You're talking practically about, I think the annual contribution is around eight thousand dollars, per. Vice Mayor Dawkins: Per board, or per board member? Commissioner Plummer: Oh, no. Per member. Mr. Odio: Per board member. Per board member. Commissioner Plun►me,: Per member. Mr. Odio: Per member. Mayor Clark: It's expensive. Mr. Odio: So for instance, on the Zoning Board, you have ten members. You're talking eighty thousand dollars right there. Commissioner Plummer: Plus staff. Mr. Odio: But again, you can decide to provide it to... 45 September 8, 1994 Commissioner Plummer: I tell you what I would like to see, and maybe the others would like to see, is who had it previously, and what benefits, and then a total package of what it would to apply to, if we were to grant it, and how much that would cost. Now, I think that's... Mayor Clark: You've got to do it that way. You've got to get the final, you've got to get the bottom line. Commissioner Plummer: You can't set policy without knowing the numbers. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: The information I'd like to get is, what does it cost presently with the people we're giving it to? Commissioner Plummer: Well, I asked that. Commissioner Gort: Right. And what would be the addition if you put all the board members? Two differences. Mayor Clark: I think this is the only City that does this. And these board members, many of them are paid. Commissioner Plummer: Only three boards, Mr. Mayor. Planning Board, Zoning Board, and Civil Service Board. Mayor Clark: Well, that's three of them. Commissioner Plummer: Yeah. Mayor Clark: Planning Board - I mean the Zoning Board is eighty thousand dollars. Commissioner Plummer: Only if they had the life insurance, or the health insurance, which they were eliminated in that committee restructuring. And that's why it's here before us today. Mr. Odio: Now, pension was excluded, I believe, so the Pension Board was excluded. So we're talking about the... and Fire and Police. Commissioner Gort: If they don't take insurance, it's two thousand per... Mr. Odio: Yeah. Mayor Clark: All right. Will you... Mr. Odio: In fact, Commissioner, if you look at your packet, it's broken down there very clearly. Commissioner Plummer: OK. Mayor Clark: Mr. Plummer, you request a... 46 September 8, 1994 Commissioner Plummer: I would like to see, as I said, Mr. Mayor, a sheet showing what benefits were received by who, prior to that change, and how much; and then, what is being proposed at the utmost now, if, in fact, it was granted, I guess, as what is before us today. Mayor Clark: All rigY.t. Is there a motion? Is that a motion? Commissioner Plummer: That would be a motion, yeah. They have quite a bit of this already, but they don't have totals on it. Mr. Odio: Let me put... We have one problem, and maybe we can do it now. It's that when one of the attorneys was hired, he was promised by the prior City Attorney - Mayor Clark: But not in writing. Mr. Odio: No, sir. But, you know, when you shake hands, you shake hands - that he was getting a packet with group benefits. And that's what the problem is here. And maybe we can take care of the whole thing by dealing with that problem first, if he was promised that by the City Attorney or not. I wasn't there, so. Mayor Clark: As somebody said, it's always nice to have... Vice Mayor Dawkins: Well, we're going to have a problem in a few minutes with the budget. Who controls the City Manager's - the City Attorney's budget, the City Manager or the City Attorney? Mr. Odio: The City Attorney, Vice Mayor Dawkins: So if the City Attorney didn't approve that, who's going to pay it? Mr. Odio: Not me. Vice Mayor Dawkins: OK. 'When he's not going to pay it. So. Mayor Clark: All right. Please, at the next meeting, have this information, Mr.... That's a motion and a second, and codified by approval, Madam Clerk. Vice Mayor Dawkins: We do what, sir? What's the motion? Mayor Clark: Have all the numbers before us next meeting. Vice Mayor Dawkins: Thank you, sir. Commissioner De Yurre: So then we're going to hold back on... Commissioner Plurnmer: Well, that would also, Mr. Mayor, include who got benefits prior to the change in the ordinance, and how much they were - the cost was then. Mayor Clark: All right. Commissioner De Yurre: So that includes, then, Mr. Mayor, the situation with Bucelo, which... Mayor Clark: Yeah. Commissioner De Yurre: All along, we said we'd deal with it at budget time. Today is budget time, so I want to make sure there's no misunderstanding. 47 September 8, 1994 WE Mayor Clark: First reading on the budget. All right. Cast a unanimous ballot, Madam Clerk. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-633 A MOTION DIRECTING THE CITY ADMINISTRATION TO BRING BACK TO THE NEXT CITY COMMISSION MEETING, ALL PERTINENT COST FACTORS ASSOCIATED WITH HEALTH INSURANCE BENEFITS PRESENTLY BEING OFFERED TO CERTAIN DESIGNATED BOARD MEMBERS AND WHAT SPECIFIC BENEFITS ARE COVERED, THE TOTAL COST OF SAID HEALTH BENEFITS PACKAGE, THE COST OF THE TOTAL PRESENT HEALTH BENEFITS PACKAGE PRESENTLY BEING PROPOSED, AND HOW MUCH WOULD BE THE ADDITIONAL COST IF ALL BOARD MEMBERS WERE TO BE INCLUDED. 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 9. (A) RATIFY CITY MANAGER'S FINDING THAT EMERGENCY NEED EXISTED -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE INSTALLATION OF FENCE AT BICENTENNIAL PARK BY CARLSON FENCE COMPANY, INC. -- ALLOCATE $12,700 FROM BICENTENNIAL. PARK OPERATING BUDGET. (B) STIPULATE NEW CITY COMMISSION POLICY THAT, IN ALL OF THE CITY MANAGER'S FINDINGS THAT AN EMERGENCY EXISTS, ADMINISTRATION IS EXPECTED TO ROTATE SAID AWARDING OF CITY CONTRACTS AMONGST LATINS, BLACKS AND FEMALE OWNED FIRMS. Mayor Clark: Item Number 7, Commissioner Plummer: Move it. Mayor Clark: Is there a second? Vice Mayor Dawkins: Second vnd under discussion Mayor Clark: Go ahead. 48 September 8, 1994 Vice Mayor Dawkins: When you were there, Mr. Plummer, wno oraerea inis r Commissioner Plummer: Mr. Dawkins, it was actually ordered by the City, as I recall, for the purposes of doing the construction inside, so that nobody would go in there and be hurt. That was my understanding. Vice Mayor Dawkins: OK. How did we arrive at using this individual as the emergency provider? Commissioner Plummer: Sir, 1 can only tell you what. I think I remember, and that was that they are the ones who had always done it for the Grand Prix, and the Bayfront Park, itself, and that they were the most familiar with it. And at one time, Mr. Manager, don't I .recall that you negotiated with this corapany to leave fencing there, that it was already in place, from the Grand Prix? I think. Mr. Cesar Odio (City Manager): After the last Grand Prix, we tried to keep some fences up. Commissioner Plummer: Miller, I'm not absolutely sure on that. I was gone by then. You were already there, I think. Vice Mayor Dawkins: OK. Well, there will be a new policy that when it comes emergency, the emergencies should he rotated to a black firm, a white firm, and a female firm. Mayor Clark.: OK. Vice Mayor Dawkins: I don't... I get tired of emergencies being the same individuals who were there. Commissioner Plummer: Yeah. Let me... Mr.Odio: Mr.... Vice Mayor Dawkins: There are some black fencing firms, some female fencing firms, and some Latin fencing firms. Mayor Clark: OK. Everything after this, right? Vice Mayor Dawkins: Yes, sir. Yes, sir. Commissioner Plummer: Well... Mayor Clark: All right. Motion and a second. Commissioner Plummer: Yeah. Mayor Clark: All in favor, signify by saying "aye." Commissioner Plurnmer: Aye. Mayor Clark: Opposed, like sign. So ordered. 49 September 8, 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-634 I A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE INSTALLATION OF A FENCE AT BICENTENNIAL PARK BY CARL SON FENCE COMPANY, INC. IN THE AMOUNT OF $12,700; ALLOCATING FUNDS THEREFOR FROM THE BICENTENNIAL PARK OPERATING BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark i NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 10. WAIVE REQUIREMENTS OF CITY CODE SECTION (2-302) PROHIBITING AN EMPLOYEE FROM TRANSACTING BUSINESS WITH THE CITY -- AS IT APPLIES TO MS. DOREEN T. BARHAM TO ALLOW HER PARTICIPATION IN THE CITY'S SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item Number 9. Vice Mayor Dawkins: Eight was pulled? Commissioner Plummer: Eight is pulled? i; Mayor Clark: No, it wasn't. No, that's right. Commissioner Plummer: Move it, 8. Mayor Clark: Move 8. Is there a second? Vice Mayor Dawkins: Second. 50 September 8, 1994 l Mayor Clark: With, no exception, cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-635 A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, AND BASED UPON THE FINDING THAT IT WOULD BE IN THE BEST INTEREST OF THE CITY, THE REQUIREMENTS SET FORTH IN SECTION 2-302, OF THE CITY CODE, AS AMENDED, THAT PROHIBIT A CITY EMPLOYEE FROM TRANSACTING BUSINESS WITH THE CITY, TO PERMIT MS. DORL=' EN T. BARHAM, A CITY EMPLOYEE, TO PARTICIPATE IN THE CITY'S SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM ADMINISTERED BY THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded icy Vice Mayor Dawkins, the resolution was passed and adopted by the following; vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 11. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO RATIFY CITY MANAGER'S FINDING OF EMERGENCY AS TO PURCHASE OF 20 MOTORCYCLES FROM SOUTHWEST CYCLE COMPANY, INC., FOR POLICE DEPARTMENT ($149,980). Mayor Clark: Item Number 9. Commissioner Plummer: I ask that that be deferred until the next meeting, please. Vice Mayor Dawkins: Second. Mayor Clark: Motion to defer. Cast a unanimous ballot. 51 THEREUPON, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR DAWKINS, ITEM 9 WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Piummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 12. RATIFY CITE' MANAGER'S FINDING THAT EMERGENCY NEED EXISTED -- 'WAIVE COMPETITIVE SEALED BIDS -- APPROVE REPAIR OF THREE POLICE PATROL VEHICLES -- ALLOCATE $16,044.45 FROM DEPARTME>\ T OF GSA & SOLID WASTE / MOTOR POOL DIVISION. ----------------------------.. ------- ---------------------------------------------------------------------------- Mayor Clark: Item 10. Commissioner Plummer: Mm,,e it. Vice Mayor Dawkins: I second, under discussion. Mayor Clark: Discussion. Yes, sir. Vice Mayor Dawkins: At sixteen thousand dollars to repair three vehicles, that's five thousand dollars a vehicle. Somebody explain to me how this is less expensive than having individuals in- house prepare... I mean, you can almost buy a vehicle for five thousand dollars. Mr. Cesar Odio (City Manager): Oh, no, you can't. Vice Mayor Da-,vkins: So expiain to me why it's less expensive to do it this way than the other way. Mr. Ron Williams (Assistant City Manager): Because this is extraordinary, and unusual, Mr. Vice Mayer. We often have accidents, as you well know, with police vehicles, but this amount or this amount of damage was a bit unusual, and that's why it's so high. Often, they're accidents that we're able to repair in-house and get the vehicle back on the road. These were extraordinary, extraordinary damages here, and we thought it best to do it this way. Vice Mayor Dawkins: What do we pay for police pursuit vehicles, Mr. Williams, when we buy them wholesale:' Mr. Williams: I think approximately twelve thousand. Vice Mayor Dawkins: Twelve thousand? 52 September S, 1994 Commissioner Plummer: Plus outfitting. Mr. Williams: Right. Mr. Odio: Twelve thousand, plus. Mr. Williams: Right. But that's just the vehicle itself, Mr. Vice Mayor. Mayor Clark: All right. A.ny further discussion? Is there a motion on the item? Commissioner Plummer: Move i:. I already moved it. Vice Mayor Dawkins: I seconded it. Mayor Clark: All right. Cast a unanimous ballot, Madam Clerk, if there is no exception. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-636 A RESOLUTION BY A 4,15THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING TIE CITY MANAGER'S FINDINGi THAT AN EMERGENCY NEED EXISTED, WAIVING COMPETITIVE SEALED BIDS AND APPROVING THE REPAIR OF THREE (3) POLICE PATROL VEHICLES, AS HEREIN SPECIFIED, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID 'JVASTE/MOTOR POOL DIVISION AT A TOTAL PROPOSED AMOUNT OF $16,044.45; A- LLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION ACCOUNT CODE 421701-670, PROJECT CODE NO. 503001; AUTHORIZING TIIE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREIViEiNT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE REPAIRS. (Here follows hcdy of resolution, omitted here and on file in the Office of the City Clerk.) Upon tieing seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vo`e: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins '.Mayor Stephen P. Clark t F NAYS: None. ABSENT: None. i F. E is 53 September 8, 1994 ---------------------------------------------------------------------------------------------------------------- 13. RATIFY CITY MANAGER'S FINDING THAT EMERGENCY NEED EXISTED -- WA.IVE COMPETITIVE SEALED BIDS -- APPROVE REPAIR OF CITY LEASED VEHICLE FROM TAMIAMI AUTO GROUP -- ALLOCATE $4,844.05 FROM DEPARTMENT OF GSA & SOLID WASTE MOTOR POOL DIVISION. ------------------------------------ ---------------------------------------------------------------------------- Mayor Clark: Item Nurnber 11. Vice Mayor Dawkins: Same question. I move. Who seconded? Commissioner Plummer: I'll second it. Vice Mayor Dawkins: UnCer... the same question. Why are we continuing to not have employees in the City of Miami who can make these repairs? Mr. Cesar Odio (City Manager): Sir, this was a... What happened with this particular case is they stole this jeep, and it was really badly, badly damaged. This is a case where the vehicle was stolen. When we found it, it was practically destroyed. Vice Mayor Dawkins: All right. When you lease vehicles, we need to purchase insurance to cover this. Commissioner Plummer: It usually comes with insurance. Mr. Ron Williams (Assistant City Manager): We do, yes. Vice Mayor Dawkins: All right. So this is covered by insurance? Mr. Williams: Well, it... I'm not sure if it's fully covered, Mr. Vice Mayor, but certainly, our Insurance Department will be recovering some of this expense, and I don't know exactly how much. Vice Mayor Dawkins: Well, put that in here. Mr. Williams: But we have to... We have to take the lead and get it fixed in the short term. Vice Mayor Dawkins: OK. No further questions, then, Mr. Mayor. Mayor Clark: Cast a unanimous ballot, Madam Clerk. 54 September 8, 1994 i The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-637 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING} COMPETITIVE SEALED BIDS AND APPROVING THE REPAIR OF THE CITY LEASED VEHICLE FROM TAMIAMI AUTO GROUP, AT A TOTAL PROPOSED AMOUNT OF $4,844.05, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION ACCOUNT CODE 421701-670, PROJECT NO. 503001; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following; vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre f Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ------------------------- ----------------------••---------------------------------------------------------------- 14. RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF A SERVICE MONITOR FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. -- FOR DEPARTMENT OF GSA & SOLID WASTE / COMMUNICATIONS DIVISION -- ALLOCATE $23,850. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item Number 12. Sole source. Commissioner Gort: Motorola. Excuse me. Commissioner Plummer: Yeah. What choice do we have? Sole source. Boy, I'll tell you something. For a company that's uoing bad... Mr. Cesar Odic, (City Manager): But I want you to know, Mr.... We received a letter from the State Department... 55 September 8, 1994 Commissioner Plummer: Yeah. Mr. Odio: ... saying that the), have reviewed all the communications systems in Dade County, and in Florida, and that we have the best, most advanced system in the country. Vice Mayor Dawkins: And do we get a cash bonus for that? Commissioner Plummer: Yeah... Mr. Odio: Well, no, we get to lend them our system for the summit. Commissioner Plummer: And that's why last Saturday, we went into fail soft three times. We got the best. That doesn't say it's good. We got the best of a bad lot. Mr. Odio: Well... Mayor Clark: Where was that? Where was that, in Melbourne? Commissioner Plummer: No, here, here. Mr. Odio: But... Mr. Ron Williams (Assistant City Manager): But certainly, Commissioner, we did go into fail soft, but we have the appropriate backup, and we recovered. Commissioner Plummer: Excuse me. Mr. Williams, you got the best of a sorry lot. Motorola ain't what it used to be. OK? Mr. Odio: Comparing with the General Electric contract in the County, they cannot even... Commissioner Plummer: Excuse me. I'm not saying that theirs is any better. You got the best of a sorry lot. Mayor Clark: Motion and a second, cast a unanimous ballot. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-638 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDINGS OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF A SERVICE MONITOR FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., THE SOLE SOURCE PROVIDER FOR THIS EQUIPMENT, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/COMMUNICATIONS DIVISION, AT A PROPOSED ESTIMATED COST OF $23,850.00, ALLOCATING FUNDS THEREFOR FROM THE GENERAL SERVICES ADMINISTRATION AND SOLID WASTE ACCOUNT CODE NO. 420601-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. 56 September 8, 1994 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. -------------------------------- -------- ------------------------------------- 15. RATIFY CITY MANAGER'S FINDING THAT EMERGENCY NEED EXISTED -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE GRINDING OF LARGE LOGS AND STUMPS STORED AT VIRGINIA KEY YARD WASTE FACILITY BY VOLUME REDUCTION SERVICES -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $17,700 FROM THE RECYCLING AND EDUCATION GRANT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item Number 13, Ratification Emergency... Commissioner Plummer: Move it. Mayor Clark: Is there a second? Vice Mayor Dawkins: Explain it. Mayor Clark: Explain it to Mr. Dawkins. Mr. Ron Williams Aassistant City Manager): Mr. Vice Mayor, this is a situation where we had to remove a tremendous amount of major logs and trees from our golf course and deliver them to Virginia Key. It required substantial outside support to get those ground up and stumped... grounding up in a manageable condition. The stumps and logs were too large and outside the capacity of our in-house. equipment. Vice Mayor Dawkins: Mr. Williams, how many log -grinding machines were purchased by us? Mr. Williams: I believe two, Vice Mayor. Vice Mayor Dawkins: Two. And neither one of them is capable of grinding these logs, the logs that you are talking about? Mr. Williams: Not at this size, the logs and stumps were too big. 57 September 8, 1994 l Vice Mayor Dawkins: Then there is no such thing as taking a chain -saw or something and splitting the log down making it smaller so that it would fit into those two grinders that we have purchased? Mr. Williams: Well, we certainly have to do that any way, Vice Mayor, but in this particular... Vice Mayor Dawkins: Well, if me have to do that, why don't we go ahead and grind them, Mr. Williams, instead of paying? (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Vice Mayor Dawkins: We got people out there working... OK, no further questions, but it doesn't make sense to me for us to have bought equipment to do this same work and then we go and... Mr. Williams: Yeah, Mr. Vice Mayor, just for a point of clarification, I would like for you to know that we have equipment that handles the normal trimmings and cuttings that we pick up on a weekly basis around our neighborhoods. This was hurricane damaged logs and trees that were down and we really were not prepare to handle that. Vice Mayor Dawkins: Who won the bid? Since it was an emergency, who was it awarded to? Mr. Williams: Volame Reduction Services. Vice Mayor Dawkins: Who was that? Mr. Williams: This is a coral any, I think their home office is in Jacksonville, they've been here... Vice Mayor Dawkins: Jacksonville, Florida? Mr. Williams: Jacksonville, Florida, yes. They've been in here, and they bring in specialized equipment throughout Dade County to handle these kinds of large unusual situations. Vice Mayor Dawkins: So we are going to pay somebody out of Jacksonville with our tax dollars here in Dade County to do work that we could do here with machinery we already have. Mr. Williams: They're our tax dollars, but reimbursed by the State Grant, Vice Mayor. Vice Mayor Dawkins: r pay Federal... Mr. Williams: Absolutely. Vice Mayor Dawkins: ... State and local taxes... - Mr. Williams: Absolutely. Vice Mayor Dawkins: ...they are my dollars... Mr. Williams: They are tax dollars, yes. Vice Mayor Dawkins: ...and everybody up here. OK. Thank you. Mr. Mayor, I vote for this one, I just... don't bring :nothing like this back again, please. 58 September 8, 1994 Mayor Clark: All right, a motion and a second by Mr. Plummer and Mr. Dawkins. Vice Mayor Dawkins: I'll move it. Commissioner Plummer.: Yeah. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-639 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING COMPETITIVE SEALED BIDS, AND APPROVING THE GRINDING OF LARGE LOGS AND STUMPS STORED AT THE VIRGINIA KEY YARD WASTE FACILITY BY VOLUME REDUCTION SERVICES, AT A TOTAL AMOUNT OF $17,700.00 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM THE RECYCLING AND EDUCATION GRANT PROJECT NO. 197006, ACCOUNT CODE NO. 421304-340; 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 Vice Mayor Dawkins, the resolution was passed and adopted by the followin- vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ------------------ ------------- ------ ----------------------------------------------------------------------------- 16. DENY PAYMENT OF LEGAL FEES TO BLACK & FURCI FOR REPRESENTATION OF WILLIAM LOZANO (CASE NO. 89-2972). Mayor Clark: Item Number 14, authorization... Commissioner Plummer: Mr. Mayor, on this item, we would ask the City Attorney to go in and to make findings. I have not received what I was looking for. The findings that we had asked for, number one, was whether or not the City had a legal obligation. And number two, to review the bills that were involved in this issue. Now, I have not seen that evaluation, I am assuming you have all of the particulars, and I think it is most important that we have all of that information. I'm just put`-ing that on the record. Mayor Clark: Mr. Dawkins. Vice Mayor Dawkins: The last time this was here I was told to meet with Mr. Black to see how to bring this to closure. Mr. Black and I met and we agreed to bring it back, and Mr. Black was to tell you his side of the closure. Now, I would hope, in all sincerity, that we would settle this and get it through with beeause eery time Mr. Black comes here his fee goes up. Although I don't intend to pay him, liiS fce goes up. Now, I need to know one thing from the City Manager - I mean the City Attorney. You explained to us that the statutes said the municipality had the right to pay Mr. Black or not to pay Mr. Black. Is that a correct statement? A. Quinn Jones III, Esq. (City Attorney): Yes, the statute says it is discretionary on the part of this... Vice Mayor Dawkins: What does discretionary mean? Mr. Jones: Means that you can either decide to pay it, or you can decide not to pay it. Vice Mayor Dawkins: OK. Now, in the cases like this that the City of Miami paid... the City of Miami exercised its discretionary powers to pay, would that be a correct statement? Mr. Jones: That would be a corn--ct statement. Vice Mayor Dawkins: Now, in the cases where the City of Miami decided not to pay, then the City of Miami utilized its discretionary powers not to pay. Mr. Jones: That's correct. Vice Mayor Dawkins: So, if you get to court it all would depend on how the jury felt about it perhaps? Mr. Jones: I don't think it would be a jury, it would basically be a question of law to be decided by a judge as opposed to a jury. Vice Mayor Dawkins: UK, tiiark you. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. W Commissioner Gort: Being that I was not here before, I'd like to know from the attorney, sometime during his presentation, I'd like to know what has been the standard in the past in dealing with cases like this one; what have been the procedures in the past, and what are our responsibilities and what has been experienced. I'd like to get a recommendation from our attorney's office. Commissioner Pl►. rnmer: I would like to also ask one other question. Commissioner Gort: Sure, Commissioner Plummer: To your knowledge, has there ever been a case in which a matter such as this was talon to court? Mr. Jones: Yes, sir. Commissioner Plummer: And what happened? Mr. Jones: Let me... let me just back up, I guess I've been with the office going 12 years now, and of course City Attorney thanks to you for three years. To the best of my recollection, Commissioner Gort, there has never, really been any set pattern over the years until very recently. There has been occasions where the Fraternal Order of Police has come before this Commission, not necessarily this duly constituted Commission, but Commissions over the years, where they have presented claims for enlitlement or reimbursement for legal fees. They've been advanced on behalf of officers when the final analysis have been charged with criminal misconduct in the course and scone of their employment and acquitted. That's how the statute reads. There has been occasions that the Commission a, that particular time denied payment, or there have been occasions where they may have paid. It's been only recently within the last year that there has been some sor! of pattern, ifyou want to call it a pattern. In each individual case it's been a case by case analysis as to whether in fact the Commission wants to pay. I think the most recently if you... I think that this Commission '1ppr0Ved, I ;uess back in January, maybe not January, maybe it was later th,,n January, but I recall there were six officers that you decided to pay and reimburse including one who was Officer Lozano's partner, Don Campbell. Just to digress for a second to answer Commissioner Plummer's question, there was a case involving an Officer Sadlier and this was prior in time to you sitting on the Commission and Mayor Clark... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) i Mr. Jones: ...no, this would have been last year, as a matter of fact. And what happened... Mayor Clark: Wllat dire l do? Commissioner Plummer: Prior :o... Mr. Jones: And what happened was that this particular officer was involved in an off -duty incident up in Hollywood at a Dar where lie was alleged to have been working in exchange for drinks or whatever else. Re. fot into an altercation with someone in the bar; went to his car, got a gun and shot the guy dead. The FOP (Fraternal Order of Police) appeared before the Commission at th,a ► wt► , which was Mayor Suarez and Dr. Alonso and the other three Commissioners. that claim, the Commission denied it. I advised you at that particular point in time, which 1 have clone over the years that the statute does make it discretionary on their part. The FOP at that Buie ,.)ok an appeal to Circuit Court asking the Circuit Court to review it. there. was a hearing; bcfcn-e Judge Goldman. Judge Goldman found in favor of the City t t: f 61 September 8, 1994 I' basically stating the same thing that I told you that the statute makes it discretionary on the part of the municipality to pay. Some months later after you came aboard and Mayor Clark, the FOP again appeared before the Commission and asked that you reimburse the FOP for expenses advanced in that case. You approved that. Commissioner Plummer: Ina number of cases. Mr. Jones: No, you... that was the first one. But you made it contingent upon the fact that the FOP dropped their appeal which they did drop the appeal. Then it was several months later where you did approve approximately six or seven additional officers that they came before you and sought approval. Now, one thing that I have to tell you and tell you again, because the constant reference to THORNBERt which is a Supreme Court case which involved the City of Fort Walton Beach and some public officials who were charged with misconduct, and of course in the scope of their employnnent as Commissioners or City Council people, they sought is reimbursement, of course, and were denied. Of course they appealed the decision to the Florida Supreme Court. The statutory provision that the Supreme Court decision addresses reimbursement of general employees as opposed to specific employees like police officers. There is a specific section of Fiorida Statutes that relates solely to police officers which says that when they are found not guilty, or acquitted, then you have the discretion to pay. Now, that case - and Mr. Black will probably tell you, Ms. Dougherty will probably tell you, that THORNBER stands for the proposition that any time that you have a common-law obligation - there was a common-law obiigation on the part of the municipality to reimburse its employees for legal expenses incurred as a result of defending his or herself as a result of being charged of misconduct. That's the only section that, that particular case addresses. What is important which is... has been a failure to mention every time the case is brought up, there is a caveat there in that particular Supreme Court holding that says where you have a statutory provision that is so repugnant to the common-law, then or course, the statutory provision will prevail. I've advised you that this particular statutory provision which governs only police officers, only police officers, and makes it discretionary, in my opinion, is so repugnant to the common-law that a court can only rule in one way, ;md that is that the statutory provision prevails in that the legislature has seen fit to provide or make provisions for a distinct group of employees, i.e. police officers, which allows you to have the discretion to pay. That argument can be made, how can you let the.rn or any other employees who have been found not guilty or acquitted, how can you not pay it, or whatever else. I'll only say to you; and I think it's no secret, you know the number of cases that the City :.s involved in where we are sued because of alleged misconduct on the part of police officers whatever else. I'm not making any judgement as to whether right or wrong, but I only tell you that yot, need to look at it in terms of the amount of dollars because what you are seeing is ,i grovmlu . nu►nher of cases wherein before the City denied payment for these officers. You're seeing a growing number that's coming to you for approval, and I only ask you to consider mis in terms of what the... what your obligation is in terms of what the statute provides. t' cow, Con111ussiotier Gort, you asked me for a recommendation, and of course, Commissioner Plunirner ltas asked me for a recommendation in the past. I was very sarcastic at one point, and i think that Coniniissioner Plummer remembers this when I told him that the only decision - that the only recomn-iendation - I can give you is that you either decide to pay or not to pay. However, ill' you :. e goii li tc be consistent with the action you've taken, you can pay and feel comfortable with that. 1-iowever, you still should know in the back of your mind and the front of your mind that i feel very strongly that it is discretionary on your part to pay, and I have no reservation that if this we.r° t:i,allenged in court, that the court would find in our favor. Vice Mayor Dawkins: Ylr. Nlayo,. Mayor Clark: Let nie �i5k a question. Let me ask a quick question. Mr. Attorney. Mr. Jones: Yes, Mayer. 62 September 8, 1994 Mayor Clark: Is Mr. Lozano in a lawsuit against the City of Miami at the present time? Mr. Jones: Mr. lawsuit... Mr. Lozano is presently challenging his decision to terminate him which is before an arbitrator. Mayor Clark: How is this... Commissioner Plummer: Wait, wait. But I'm sorry, Mr. Mayor. The arbitration is on what, Mr. Lozano and the City'? Mayor Clark: His discharge. His uischarge from employment. Commissioner Plummer: Oh, the discharge. All right, I'm sorry. Mayor Clark: Doesn't that muddy this up pretty well? Can we take any action here today on this? Is that still in lintbo? Mayor Clark: I'm sorry, Mr. Mayor. Mayor Clark: Doesn't that kind of muddy this situation up? - we are acting on this when he's got a lawsuit against us'? Mr. Jones: Well, 1 think not. I think you have to look at... you look at the discharge of employment as a separate matter. The provision regarding the payment of attorney's fees simply relates to a criminal matter. Mayor Clark: Trial. Mr. Jones: OK. For which, as you know, he in the second trial was acquitted, in the first trial he was found guilty. Mayor Clark: All right. Commissioner Plummer: There is... Mr. Mayor, there is one other thing that has to be put on the record. And that is... is the fact that this Commission did in fact after this came before us and in the settlement of all of the cases with FOP, that in fact in the future the policy now before this Commission that any employee, I think it was any employee, that seeks outside counsel that they are expecting the City to pay for, must come before the City Commission and must be approved to allow them to go 'to an outside counsel; and number two, that a maximum fee would be approved by [his Commission. So, in the future, anyone that goes to outside counsel without coming before this Commission first absolutely knows they are on their own tab. There is no way that this Commission is going; to pay it. Now, there is one other thing I'd like to ask of the City Attorney. One of the things I asked you to look at, Mr. Black contended to me that in effect his asking for $710,000 was it hargain. I'm not going to argue at this point. That in fact he felt that his legitimate fee if he went to court would be approximately a million and a half, in that general area, give or take $i00,000. Now, I asked you to sit with Mr. Black and make a determination as to what you felt that those fees that were legitimate. I will tell you that Mr... I'm not going to menti,_)n any names, but a couple of Mr. Black's competitors have said to me those fees are ridic..ilous, they are not justifiable. So that's why I asked you before to look into the matter and to report back to this Commission. And I still would like to hear what you feel if you had the opportunity to sh down and go over the hours and whatever else is involved in the coming about of this fee to determine that those fees are legitimate or they're not. r 63 September 8, 1994 Mayor Clark: Mr. Dawkins. Vice Mayor Dawkins: Mr. Mayor, we have been here with this I don't know how many times. It is time now to make a decision... Mayor Clark: "Fish of cut bait." Vice Mayor Dawkins: ...if you are going to pay Mr. Black that's good. If you are not going to pay Mr. Black then that's good. Mr. Black, as you said, has the right to go to court. I move that we deny the payment of his legal fees and get :id of this once and for all and end up in court or what have you. I move to deny the payment. Mr. Roy Black: Mr. Mayor, before anything is heard I request an opportunity to be heard. Vice Mayor Dawkins: Wait a minute. No, sir. Mayor Clark: Please, NIT got as motion on the floor. Vice Mayor Dawkins: Wait a minute. No, sir. Mayor Clark: Please. Vice Mayor Dawkins: We got a motion on the floor, if it gets a second, then you can discuss it, sir. Mayor Clark: Yeah. Vice Mayor Dawkins: Cf it doesn't get a second, there is no sense of discussing it, Mr. Black. Mayor Clark: All right. Is there: a second? Mr. Black: Thank you, Mr. Dawkins. Commissioner De Yurre: Second, for discussion. Mayor Clark: Secended for discussion. All right, Mr. Black, would you like to say something? Mr. Black: Thank you, Mr. i1f ayor and members of the Commission. Your attorney has told you that in the past you've paid all the legal fees of police officers. He's told you that in the past you even paid the lega fees of a City of Miami police officer who was off duty and in Broward County at the time of the shooting. He has told you've even paid the legal fees of Don Campbell who was my clients partner. And the question comes down, and the question that is presented to you this morning is why are you going to deny this benefit to William Lozano? What makes him different than all the others in which you've paid, and whether or not... and the real question here is whether or not you are properly exercising your discretion, or is this closer to the situation like Perry AriCL'ersou who filed a civil right's case in the United States District Court, in the Federal Courts. The issue presented, I think, this morning to this Commission is whether it's acceptable to you as tl:e Coll,rnissioners and the representatives of this City to abandon this police officer and this c_-rie only hr..cause he happened to be unpopular, because it is politically incorrect, that it sumehow embarrassing to some people of this City, and that some members of this community are upset over the case that he was involved in. And the question is, can you properly administer your dis; retion by denying this man the same rights that you've given to everybody else': And I suggest that it is not. And to give you an example of this - I think all of you are probably %veil aware of what happened in Eastern Europe several years ago when 64 September 8, 1994 Communism fell - there was a couple by the name of Elena and Nicolae Ceausescu who were the dictators of Romania for some 30 years. These people once their government fell were put on trial by the people who took over the new government, and I've actually seen the video tape of this trial in which they show these two people sitting in a court room by themselves and two men come in and spend 30 seconds with them, prior to the beginning of their alleged trial, talking to them. And then their trial begins, and it starts with the judges saying to Nicolae Ceausescu, "How could you kill all those protestors at Timisoara?" And lie gets up and objects and says, "Well, you can't try me. I'm the President of Romania, and only the Congress can try me." His own lawyer stands up and says to the court, "Will the court please advise my client that lie is no longer the President and the Constitution no longer applies to him." Another judge asks the question of Elena Ceausescu and says, "Isn't it true that you've stolen money from the people of Romania and you have it hidden in bank accounts?" Her lawyer gets up and says to the tribunal, "Would the tribunal please ask my client whether or not she is insane?" We soon find something very strange about this alleged trial. There is not a single witness, there is no evidence, nothing ever happens except accusations by the judges, and then the trial ends and the lawyers are asked to make a summation. I don't waist to rnisquote them here, so I'll read to you what was said because I watched this tap,;. Tile first lawyer for Nicolae stands up and says, "We have looked into this matter carefully and have determined that all procedural requirements have been complied with. These people are guilty and they have no defense." Elena's lawyer stands up and says, "It's difficult to know what to say about people who even in the face of justice refuse to recognize the crimes they have conlinitted. This defendants should be punished for strangling the spirit of Romania and smothering the soul of the Romanian people." The judges without leaving the courtroom find two of them guilty and sentences them to death. Their lawyers stand up and say they are waiviog an appeal - which is necessary under Romanian law, otherwise you'd be an automatic stay of their execution - and these two people are taken out in the street and shot, and tne. carnera - the film - ends showing their bodies lying in the street bleeding. And this government send out this '.ape as an example of their justice, of how they treat people, that we give them a fair trial in Romania. And the question comes in this case because of its popularity, because of the way thin,7�s happen, because they were rioting, because there were articles in the newspape-, because there were years of publicity, what do we do with people like William Lozirio? Do we Deny them an even basic right on our Constitution to defend themselves? Commissioner De Yurre: Excuse me. Tile attorneys get their legal fees? Mr. Black: I`'m sorry? Commissioner De Yurre: Did the attorneys get their legal fees paid? Mr. Black: I have; no idea, but I don't even rind it funny to be honest with you. Commissioner De Yurre: Oh. Vice Mayor Dawkins: Jule are not being funny, Mr. Black. Let me say something, Mr. Mayor. Commissioner De Yurre: Let me tell you... Vice Mayor Dawkins: We t,re not being funny, but this is the same way you won the case in Orlando. Mr. Black: Yes, it is called lcpic. Vice Mayor Dawkins: You went to Orlando, you condemned Overtown, you did not defend Lozano in my opinion. Here you are not saying that the City Commission has a right to pay you 65 September 8, 1994 or not to pay you. You are citing a lot of legal studying that you have done to prove your point. See, either... what I need to hear from you is, "Miller Dawkins, you have a right to pay me because... Miller Dawkins, you do not have a right to pay me because..." You can cite all of the case -law and that's for him, and for him. That doesn't mean anything to me. All I know is the law says I don't have to pay you or I do have to pay you. Now, convince me one way or the other. Mr. Black: Commissioner Dawkins, we live in a democracy, and I think one great thing in a democracy... Vice Mayor Dawkins: As long as you are white. As long as you are white. When you are not white, it's not a democracy, it's discrimination. See, if you want to get into this, I'll get into it with you. Now, I hope we doli't. OK. Mr. Black: In a democracy even people who are stating unpopular positions have a right to state their position. Vice Mayor Dawkins: Sometimes they get hung.., sometimes they get hung or murdered for it. Mr. Black: You may rule against one. You may rule against me. You have told me from the beginning because of racial politics in Nliami you cannot vote for me, and I am not going to in any way get into those matters, but all I ask... Vice Mayor Dawkins: I beg to differ, let the record reflect that it's not because of racial pressure, it's because of black manhood that I don't vote for you. I do not feel as a black man that you were honest and above board winning your case. And I must say for the record, you are not a racist, you are not prejudiced, you are a professional. And you went about, sir, winning the case professionally. But I take exception to it. Mr. Black: Thank you, sir. Mayor Clark: Listen, I'm no-r. going to get into a long wrangle about this thing right now. I'm ready to make a decision. Mr. Black: Well, Mr. Mayor, I would ask an opportunity to have my say. I spent four and -a -half years defending one of your employees, I spent an enormous amount of time and effort. I would think the Commission could at leas, give me a few minutes to present my position. I think I have paid for it. Mayor Clark: Ail right. Tell the... you paid for it'? Mr. Black: Yes, because I spent four and -a -half years defending this man. It has cost us a huge amount of money and staff and time: and effort. and I know that you have a lot of business, but I think it's only fair that at leas' I be given an opportunity to address you. Mayor Clark: You have: till i.0:45 a.m. All right, sir. Mr. Black: Thank you, sir, In our Country, no matter how unpopular you may be, our Constitution, the Bi l I of R ights, has a provision called the Sixth Amendment, in which it says the accused shall enjoy the assistance of' counsel. And without having a lawyer who cares about you, who fights for you, who is willing to defend you, then all the other rights that we have are meaningless. And I know thit, for whatever, reason this position is very unpopular in this City today, but let me dell you one of the problems with this case, you all know that for government to function the people who work. Lor g,)ve,:nment cannot think that their own personal fortunes, 66 September 8, 1994 their own lives are on the line every time they make an action. If every time some employee here took some action within the scope of his duties and was not entitled to a defense, and had his whole life at stake. hoer could we expect our employees to do an honest job? How could we expect you members of the Commission to function without having; a City Attorney? You even have your City Attorney here today to give you advice on things. And, yet, this police officer who by himself couldn't defend himself from a ►misdemeanor case, let alone the biggest criminal case in the history of Florida would be totally without any defense whatsoever unless he had an opportunity to have his legal fees and expenses reimbursed. I know that this is a highly unpopular thing, but we; have to remember the people who work for government have to know that if they get into a controversial situation, they are going; to have a defense. Can you imagine if the message we are going to send out to police officers is that we will back you up so long as what you do is popular. it' YOU g;o in there and rescue someone in a hostage situation, if it's a good hostage we'll hack you up. If there is an arm robbery going on, and you go in and risk your life, we are going; to back you up unless somebody unfortunate get shot. If we don't sent out that kind of message to the police in this community, you will find out as many other communities have that nobody gets sued sitting; in the doughnut shop. It's the police officers who aggressively bo out there and do their job, who risk their lives, who get in the middle of difficult situations, those are the ones who are going to :jet into the controversies. And if we send the message to them that it is better to play it safe, that we are not going to back you up, then you are going to get the kind of polictl officers some other communities have, not the kind of police that this community has and that we are all proud of, Now, I know this issue has come up and Mr. Mayor, you have mentioned it I think, or perhaps Commissioner Plummer, about the reasonableness of these `::es, and I've prepared a chart in which we spell out... in which we have listed the events. This case more than any other in the history of criminal jurisprudence in this community has taken more tine, more effort because the State Attorney's Office put on unlimited resources, unlimited numbers of lawyers, unlimited amounts of investigators, there is no one single person in this community, I don't think, who could have stood up to the kind of effort that was put into this by the prosecutors. We went through two trials that were approximately two months each. We had two motions far change of venue that were five days each. There were 241 depositions taken in seven different states, depositions that were long as nine days a piece. There were ten appeals taken in this case, some of enormous amount of time and effort. Anybody, I would challenge anyonee, to conic to my office and take a look at the files in this case. I know that nobody has, I ve made this invitation numerous times, so I've taken a photograph of the files in this case that take up 501 storage boxes, and we finally had to order and pay for a storage room to put these files in. They are the largest set of files that I've ever accumulated in 24 years of practice of criminal law. If anybody wants to come over and look at any of those tiles, way.ts to talk to anyone in my office, any one of the tens of people who worked on this case, ware free to do so, and I wili give full permission for any examination of these matters. We have; t_Ibsolutely no reason to hide any of this matter at all. One of the issues that was brougut up w,;:; 1-he uaymeut in other cases. And this - excuse me - this Commission just recently paid for 1eg;ai representation in these four cases. One of them, in Mr. Baez' case, you paid a hundred and sixteen ii-i:nrsand, two hundred and nine dollars and thirty-seven cents. There was never even a trial in this cruse. This case was nog-prossed before it even went to a trial. Nobody challenged that amount of a hundred and sixteen thousand. There were no two two -month trial,: and tern appeals involved in that case. Commissioner Plumm er: Mr. Black, that's not a true statement. Excuse me, sir. Mr. Black: 'Yes, sir. Commissioner Plumrne.r: I'liat lxundred and sixteen thousand is not lawyer fees. It was challenged by me on three <litf'ercnt occasions. This was a settlement out of court, because a witness died, and we nad no substantial witness to verify, yes or no, what happened. So I have to call your hand on that, sir, that ii,, at's not a trut: statement. There was no court trial. There was no lawyers to pay. 67 September 8, 1994 Mr. Black: Was there... There was lawyers to pay. You paid for the pretrial work that was done for the lawyer on behalf of... Commissioner Plummer: A hundred and sixteen thousand? Mr. Black: Yes, sir. Mr. Baez' lawyer was paid a hundred and sixteen thousand... Commissioner Plummer: That's not what I was told. Mr. Black: ... for taking; the depositions, and there was no trial in that case. Commissioner Plummer: ;Sir, I could stand corrected. But from what I remember, the Baez case, which was on 2nd Street and 6th Avenue - OK? - is that the guy went to turn his head, another scenario 'like that, and it was a settlement with the families, not a lawyer. Mr. Black: No, this is for t-ie payment of the fees of the criminal lawyer who was defending Mr. Baez. His lawyer, without a trial... I'm talking about without a criminal trial. What I was comparing it to is the amount of work, Mr. Commissioner. Commissioner Plummer: OIS.. All right, all right. Mr. Black: Ferhaps it was my mistake, I was not being clear. Commissioner Plurarner: Ali right. Mr. Black: His criminal iawyer was pail that amount of money without there being a single trial involved. This is not the. civil case. I think we're talking about two different cases. Vice Mayor Dawkins: Perhaps it's best that we did, because we'd have had a seven hundred thousand dollar bill, likee, you got. Mr. Black: Well, I sort of... Ferhaps you're right. But I'll tell you this. They did not have the amount of work that was involved in our case. Mayor Clark: All right. Five minutes left, now, let's go. Mr. Black: Thank you. J�xid the cases are set out as well. I know the City Commission is familiar with the fees that were paid there, for a far less amount of work than was done in Mr. Lozano's case. I don't want to take atiy more of your time. I appreciate what you have done in listening to me here tod2y. I know that it may be a futile request, but this has been a long and difficult case. i spent four and-a-1'•alf years defending this man under some of the most difficult times you can imagine. flies e. wci-c so many people against us. The State Attorney's Office admits that they spent ever two r.,i;lion dollars prosecuting this case, and that doesn't include all the manpower that they used tl-at's already paid for by the State. And a question comes now, isn't it time foi us tc" pul this h('FiAJ I_IS? Isn't it time to finally settle this matter? Are we going to go on in further litif-ration f-,r gears, and reopen the wounds of this case? And I would hope that when you consider this matter, that you'll consider what we've all been through in this long and difficult, sometimes hrutm, totally politically incorrect case. But the only thing that I can finally say, and thy+ ;a•:' wo,-d, again, i wanted to make, one further example that I think applies here. There was a youti- mat; who was a carpenter, who was walking in the woods, didn't have any job, was lool:ir,�-, f( t• , omepiac< to stay. And he goes up to a farmer's house, and he knocks on the door and Lle says to the farmer, "book, I have no money, I have no food, I have no place to stay. If you would put Etta up, I'll do any kind of work that you want." And the farmer said, "All 68 right. I have something that needs to be done, and I'll have you do this job, and I'll let you stay here, and I'll feed you, and I'll pay you for your services." And he took him around his - to the back of his farm, and he si:owed him a huge ditch that had been dug between this farm and the second farm. And this ditch was ten feet wide and about thirty feet deep. And the farmer says to the young; carpenter, "I used to be best friends with the man who lives on that farm, but we had a falling out, and lie built this ditch so nobody could go from my farm to his farm, and I'm sick and tired of this man. And I have a pile of wood here, and I'd ask that you build a fence, so I never have to look at1his man again for the rest of my life. And I'm going to town, and when I come back, I want to see this fence up. And the farmer goes to town, and he comes back, and he walks around his farmhouse, and lie looks out, and lie sees the carpenter just finishing a bridge that he has built over this ditch. And the farmer is outraged. And he starts running up to yell at the carpenter. P,nd is he,; does so, the other farmer is walking across the bridge with his hand out. And the sec( au i'armer coi7tes up to him and says, "My God, I can't believe what you have done. I have built tiii, u� y ditch. I have caused this rift between us. I've never tried to make up our differ noes. And yet, you, wao are a far better man than I am, have paid to have this bridge built so we can he together again. You don't know how much I appreciate what you have done, and how, in my hurt 1 fcel for you. ✓1nd the two farmers start talking, and they become good friends again. Am' as they're doing; it, the young carpenter is picking up his tools, and he's getting; ready to icave. And the farniers say to him, "Look, why are you leaving? You've done such Cl m..gnificcrit jolt). Why don't you stay here and do some more work for us." And the young carpc.later says, "I'd really like to stay here, because I like both of you, but I have other bridges tc) build." Ano I think it's time in this community that we start building bridges, that we start puttinc; this f, ti 1' behind us, that we put it aside, these four and -a -half years of litigation, and I think it's time d),it this matter is settled. I said all along that anybody who wants to can examine our hook:_ .i nci records and see what the fees are involved in; that this man had to undergo a deferise like none, other in tlj(: history of this community. And I think it's time for all of us to put this behind us, slid I thing: that this City Commission ought to examine this and should grant sortie relief` hwe, Anci as I said, i appreciate you listening to me today, and at least, I've had my sa),. Thank you vefy hutch. Mayor Clark: Thole, yu._i, sir. Thank you. Did you want to add something, sir? Mr. James Ma -iv: ',�'es �Jr. 'vl y narre. is James Mann, I'm with the Fraternal Order of Police, Miami Lodge 10, 39') :�cu.it} tiyc:,t :3rd Avenue, Miami, Florida. The only thing I wanted to add, Mr. Mayor, when, the (i,,v Att(:rnev was talking about the past legal fees that were paid, those officers had requested :epresr;lt,)ti_7n from the City Attorney's Office prior to seeking outside counsel. And I may be wron , but I Officer Lozano also made a similar request prior to going to Mr, tSl.icl;. And ;ilso, I wanted to correct one other thing on the record that the City Attorney had ir►entiom�d- Ile r:.11-ntic,ned, when lie was talking about different cases, that Officer Sadlier, that there ,vm, .:oine ?n{'urni,,tion that Officer Sadiier had been an employee of that bar in that incident h(- wa:; invo',vcd ii,. There was on;y one individual that made that claim, and later took back that clain-1, <;ncl: _o rorthi and so on. It was proven that Officer Sadlier was not an employee of tbo b,r when Ih:)t nc;:icrit occurred, and I just wanted to correct that for the record. Thank you for your flmi% Idir. iVE;voi. Vice Mayor Ri%vkiiis: One othC: statement, Mr. Mayor. Commissioner I'luirurt�� Can we. ask that the question that just made... Vice Mayor hawk. is: Nli. Ni,iym. orie other statement, please. Mr. City Attorney, does the statute that you read refer to i an officer had permission from the City Commission, or if an officer did not have perrrlis;�ior. from the City Commission, that you had the permission to pay or that you just. Iiad th:; r'�;rri+ssiori i0 pay at your discretion? 69 September 8, 1994 Mr. Jones: No. It simply deals with, as you indicated, your discretion. What that... Vice Mayor Dawkins: OK. So the statement made by the union representative, saying that he thinks that Mr. Lozano asked for us to assist him with defense, and we said no, has nothing to do with the statute that says the City of Miami has the right to pay or not to pay. Mayor Clark: Discretion. Mr. Jones: It doesn't have anything to do with that. Vice Mayor Dawkins: Thank you. Mr. Jones: In fact, if I can just add... Mr. Mann: Mr. Vice Mayor, the reason... Mr. Jones: If I can just add one thing to the record, and it's really a nullity anyway, because ii there is any police officer that approaches our office which involves a criminal matter, we're nol going to represent them anyway, because we don't handle criminal cases. Now, what I meant tc mention to Commissioner Plummer when we were on this whole subject was that you directed myself and Mr. Cotera to sit down and come up with a policy as to how we're going to handle officers in the future who had been charged with crimes, whatever else, and how we were going to handle representation. Now, what has been formulated is as follows: When that officer whc is charged whatever, he lets the FOP (Fraternal Order of Police) know, the FOP will let me know. There's a list of seven or eight attorneys that we've agreed upon that can be used. The rates have been negotiated such that you won't see a big disparity between the two, or whatever. And I think it will... Commissioner Plummer: On criminal? Mr. Jones: What? Commissioner Plummer: On criminal? Mr. Jones: On criminal cases. Mr. Mann: Yes, sir, we have a list of attorneys. Mr. Jones: So... Commissioner Plummer: Is... Excuse me, Mr. City Attorney. Mr. Jones: Yes. Commissioner Plummer: Isn't it the policy of this Commission today that any City employee, which includes police... Mr. Jones: Yes. Commissioner Plummer: ... that wished to go to outside counsel has to get it approved by this Commission, and the fee would be approved by this Commission; am I correct? Mr. Jones: You set that resolution. But what I'm saying to you... 70 September 8, 1994 Commissioner Plummer: That was part of the thing of settling the other cases. Mr. Jones: Yeah. But what I'm telling you is that subsequent to that, you asked us, this Commission asked me to sit down with the FOP, and the FOP attorney, and deal specifically with how police officers were going to be dealt with. That still does not negate the policy that you've had, that you passed relatively to employees in general. Mayor Clark: All right. Anything further? Mr. Mann: Mr. Vice Mayor, I just... I didn't mean to give the impression, - and if I did, I apologize - that, that was part of the State statute. The reason I brought that up, that was a policy that had been established by Mayor Suarez in his tenure, that if the officer had requested representation from the City Attorney first, and then was denied, it was a policy established by the former Mayor, and that's why I brought it up. If I caused some confusion, I apologize for the confusion. Vice Mayor Dawkins: Thank you very much, sir. Mayor Clark: All right. No further discussion. Commissioner Plummer: Mr. Black has the right, Mr. City Attorney, that if it's denied here, to go to court and... Mayor Clark: Oh, sure. Vice Mayor Dawkins: Under the first law of America. Commissioner Plummer: OK. Mayor Clark: No further discussion. Call the roll, Madam Clerk. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-640 A RESOLUTION DENYING THE PAYMENT OF LEGAL FEES, IN THE AMOUNT OF $710,000.00, TO THE LAW FIRM OF BLACK & FURCI FOR REPRESENTATION OF WILLIAM LOZANO IN THE CASE OF THE STATE OF FLORIDA V. WILLIAM LOZANO, CASE NO. 89-2972, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 71 September 8, 1994 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: I'd explain my vote. It was stated here that we're not giving the rights to police officers. I want you to know that since we got here, we set up standards, which is something that I've talked about, not to have any problem in the past, and being emotional on the issues. We had to set up standards to proceed from those standards, and that would keep us from being emotional. I think we have not abandoned our officers. I think we have told our officers, we've got to stand up, we're going to follow them, we're going to back them up, and I think both the Mayor and I have proven that before. So I have to vote with the motion on this one, also. COMMENTS MADE AFTER ROLL CALL: Mayor Clark: Thank you Mr. Black. Mr. Black: Thank you, Mr. Mayor. ---------------------------------------------------------------------------------------------------------------- 17. BRIEF CLARIFICATION AS TO WITHDRAWAL, BY APPLICANT (NATIONAL WASTE RECYCLING J.V.), OF CONSIDERATION OF DEBRIS REMOVAL TREE TRIMMING AND MULCHING SOLICITATION AT VIRGINIA KEY BEACH AND VIRGINIA KEY (BID NO. 93-94-168R- MtWBE). Mayor Clark: And our next item is Item Number 16. This bid... Any discussion on item 16? Commissioner Plummer: Move it. Ms. Matty Hirai (City Clerk): Mr. Mayor. Vice Mayor Dawkins: He's... It's for discussion. Mayor Clark: It's up for discussion. Are they present? Vice Mayor Dawkins: Moved and... Commissioner Plummer: Wait, wait, wait. I have a question. 1 Vice Mayor Dawkins: Isn't this something you've got to have, Mr. Manager? Is this something you have to have, Mr. Manager? Mr. Cesar Odio (City Manager): No. This is a request from Paul Bannerman, that lie wanted... Commissioner Plummer: Who is he? Mr. Odio: He must have been a bidder. Ms. Hirai: Excuse me, Mr. Manager and Mr. Mayor. Mr. Block just called over the phone, and he would like to have this item removed. He is the president of the company. He said that he will schedule... He will address the Commission at a future agenda, but he wishes to withdraw item. 16. Vice Mayor Dawkins: Well, I'm always... Mr. Mayor, please, a point of special privilege. Mayor Clark: Sure. Vice Mayor Dawkins: I'm always after the Manager about people not getting - black people not getting fair trial. This is a gentleman... I guess he withdrew because the Manager has awarded him a contract somewhere in here. So I guess that's why he withdrew. Mayor Clark: All right. Next item. 4 i Vice Mayor Dawkins: OK. Thank you. r Mayor Clark: Motion to withdraw, seconded, cast a unanimous ballot. AT THIS POINT, ITEM 16 WAS WITHDRAWN. ---------------------------------------------------------------------------------------------------------------- 18. AUTHORIZE ADMINISTRATION TO ADD NEWSPAPERS (a) "EL ESPECIAL" AND (b) "ACTUALIDAD" TO THE LIST OF NEWSPAPERS - WHICH CITY DEPARTMENTS ARE PRESENTLY PERMITTED TO USE FOR PUBLISHING OF PUBLIC NOTICES -- SUBJECT TO VERIFICATION BY GSA (OFFICE OF PROCUREMENT) THAT BOTH NEWSPAPERS MEET PRESENTLY ESTABLISHED CITY ELIGIBILITY CRITERIA AND COMPLIANCE WITH GENERAL CIRCULATION REQUIREMENT. ----------------------------------------------- ----------------------------------------------------------------- t Mayor Clark: Item 17. i Vice Mayor Dawkins: Seventeen? i Mayor Clark: Yes, sir. Commissioner Plummer: Madam Clerk, have you met with these people? Because there's one, two... There's two of these requests. Do both of these newspapers meet the requirements set forth by the City? Mr. Mayor, prior to your coming back to the Commission, and Mr. Gort, the City established a criteria, and I don't remember what the criteria was, but it was something similar, that they had to be a weekly distribution, they had to have thirty thousand... I 73 September 8, 1994 Ms. Matty Hirai (City Clerk): General circulation. And GSA (General Services Administration), Mr. Williams' office handles that aspect of it. Commissioner Plummer: OK. My question is, do they meet the requirements as set forth, as a minimum criteria to be considered? That's my question, in each case. I mean, both of them. Ms. Judy Carter: Well, let me just say something. Mayor Clark: Do they? Ms. Carter: Sir, I have not been... These two particular papers have not broached our office with regards to determining the extent to which they do meet the criteria. I do have the criteria with me, and obviously, if they meet the criteria, we would be more than happy to include them in the process. But I am not aware of these two... Commissioner Plummer: Yeah, yeah. I'll defer it, Mr. Mayor, that they sit with her, and if they meet the criteria, my vote at the next Commission meeting, they would share equally with everybody else. Commissioner De Yurre: Why don't we make a motion that they be included subject to meeting the criteria? It doesn't have to come back. Commissioner Plummer: That's fine with me. I have no problem with that. Mayor Clark: No exception, cast a unanimous ballot. Thank you. Commissioner Plummer: Yeah. That's 17 and 18. Unidentified Speaker: Thank you. Mayor Clark: And 18. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-641 A RESOLUTION AMENDING RESOLUTION NO. 89-154, AS AMENDED, ADOPTED FEBRUARY 9, 1989, WHICH RESOLUTION LISTED THE NAMES OF THE CITY NEWSPAPERS WHICH CITY DEPARTMENTS AND OFFICES ARE PERMITTED TO USE FOR PUBLISHING PUBLIC NOTICES, THEREBY ADDING "EL ESPECIAL" AND "ACTUALIDAD" TO SAID LIST OF NEWSPAPERS, USE OF SAID NEWSPAPERS CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY THE FLORIDA STATUTES AND ALL APPLICABLE CITY CHARTER AND CODE PROVISIONS. 74 September 8, 1994 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 19. GRANT FUNDING REQUEST ($50,000 FOR BUILDING IMPROVEMENTS) BY CONCERNED AFRICAN WOMEN IN CONNECTION WITH THEIR YOUTH PAC PROGRAM -- DIRECT ADMINISTRATION TO RENEGOTIATE PRESENT CITY LEASE WITH A VIEW TOWARD PURCHASE OF SAID SITE -- MANAGER TO COME BACK WITH REASONABLE CRITERIA. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Now we are on Item Number 19. Mr. Cesar Odio (City Manager): I will recommend 19. We have met with them, and I think this is something that is needed. And I will recommend that we... Commissioner Plummer: Let me ask a question. Mr. Odio: ...you give them $50,000. Commissioner Plummer: I have a problem with that, Mr. Manager. Mr. Odio: It's in the City of Miami. Commissioner Plummer: No, it's not. Mr. Odio: I was told... Commissioner Plummer: No, sir, it's up in the north end of town. Commissioner Gort: It's 82nd and... Mr. Odio: They are building this building in Little Haiti. Commissioner Gort: The building is in Little Haiti. Commissioner Plummer: They are going to build it. All right. 75 September 8, 1994 I Mr. Odio: In Little Haiti. Commissioner Plummer: With the proviso that the money not be given to them in a lump sum, but they surrender invoices... Mr. Odio: Fine. Commissioner Plummer: ...and you pay from legitimate invoices. Mr. Odio: Fine. We'll have to do it that way. Yes. Mayor Clark: Motion? Commissioner Plummer: It is... Mr. Odio: You heard? That's fine. Commissioner Plummer: OK. Mayor Clark: You understand that, ladies? Commissioner Plummer: Now also, Mr. Manager, I want - and this is not just for them, it's on every contract that I've sat with - that if for whatever reason that building is sold, that the City gets its money back from the sale of the building. Mr. Odio: Fine. On any other, and... Mayor Clark: What you will have to do to receive this money, you have to present bills. Commissioner Plummer: Well, that's what we've been doing. Mayor Clark: The City will pay the bills up to $50,000. Unidentified Speaker: Yes, sir. Commissioner Plummer: Approved bills, Mr. Mayor. Vice Mayor Dawkins: OK. Mayor Clark: Approve for payments. Vice Mayor Dawkins: You explain to me that this money is for renovations. Unidentified Speaker: Yes, sir. Mr. Odio: That is what I was going to say, rehabilitate. Vice Mayor Dawkins: All right. OK. OK. Now, do me a favor, get the bids from the contractor of the amount of money, present them to Commissioner Plummer showing that it's a legitimate company, and that they are bids... Unidentified Speaker: OK. Vice Mayor Dawkins: But J.L. just raised the same concern I'm raising. We are making $50,000 worth of improvements to somebody else's building. 76 September 8, 1994 Commissioner Plummer: Is this a leased building, or do you own it? Vice Mayor Dawkins: Yes, you got a three year lease. Mr. Odio: A lease. Mr. Frank Castaneda: Then you can't do that. Commissioner Plummer: A three year lease. Wow! Vice Mayor Dawkins: So what you need to do is, if your program goes, you need to sit down with somebody and try to find out how at the end of the three years you should have a lease to buy lease. Commissioner De Yurre: Or certainly, Mr. Mayor, there should be renegotiations of the present lease in order... Commissioner Plummer: That's... Commissioner De Yurre: ...to make that kind of investment. Commissioner Plummer: You can't amortize that out that quick. Not rationally. Mayor Clark: That's what he said. Have a... Mr. Odio: OK. Frank, work with him on that. Commissioner Plummer: All right. Mr. Mayor, I would make a motion at this point that the thoughts of the Commission have been made known to Mr. Castaneda, and that he sit down and come out with a reasonable criteria, it relieves our anxiety over the expenditures. I will so move. Mr. Castaneda: I'll do that, Commissioner. Vice Mayor Dawkins: That does not mean stop work and wait until you've reached an agreement. Mr. Castaneda: No. Vice Mayor Dawkins: That means do the work while we are reaching an agreement. i Mr. Castaneda: Of course. Vice Mayor Dawkins: OK. All right, sir. Mayor Clark: All right. Get back to us on that. Mr. Castaneda: I'll do that. r i 1 i i 77 September 8, 1994 r The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-642 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000 FROM 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, LITTLE HAITI AND WYNWOOD RESERVE, IN SUPPORT OF CONCERNED AFRICAN WOMEN'S (C.A.W.) "NEW DIMENSIONS IN COMMUNITY EDUCATION PROGRAM", FOR THE REHABILITATION OF A BUILDING TO BE USED BY C.A.W. FOR SAID PROGRAM; SAID ALLOCATION CONDITIONED UPON: (1) C.A.W. SUBMITTING INVOICES TO THE CITY MANAGER OR HIS DESIGNEE FOR PAYMENT APPROVAL; (2) C.A.W. PROVIDING ASSURANCES TO THE CITY, IN A FORM ACCEPTABLE TO THE CITY MANAGER, THAT SAID ALLOCATION SHALL BE REIMBURSED TO THE CITY IN THE EVENT THAT C.A.W. REALIZES ANY PROFITS FROM THE SALE OF SAID REHABILITATED BUILDING; AND (3) C.A.W. COMPLYING WITH ANY OTHER CONDITIONS OR LIMITATIONS AS MAY BE PRESCRIBED 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 Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 20. GRANT REQUEST BY CARIBBEAN AMERICAN CARNIVAL FOR FEE WAIVERS ($9,500) IN CONNECTION WITH THEIR CARNIVAL EVENT (OCTOBER 7-9, 1994), WITH STIPULATIONS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 20. Mr. Cesar Odio (City Manager): They are requesting close to... they are requesting $31,000 plus $9,500 in fee waivers. Vice Mayor Dawkins: Who... Mayor Clark: How much are they asking for on item 20? Mr. Odio: Thirty-one thousand dollars plus $9,500 in fee waivers. I will recommend the waivers of fee, but not the cash because... 78 September 8, 1994 i Vice Mayor Dawkins: What fees are we waiving? Mr. Odio: Here you have fees for the barricades and... Mayor Clark: Police. Mr. Odio: ...park fees, concessions fees, and... Vice Mayor Dawkins: Well, why are you... and I'm not being... why are you waiving fees for concession when the concession is going to make money? Mr. Odio: Well, we normally. Vice Mayor Dawkins: I'm asking you, Mr. Manager, I just need to know. Mr. Odio: ...we normally get a concession fee. Vice Mayor Dawkins: But why? Commissioner Plummer: Is this in Bicentennial? Mr. Odio: Yes, this is in Bicentennial. Commissioner Plummer: Has it been taken before your board? Mr. Odio: I mean... Vice Mayor Dawkins: No. Mr. Odio: No. See, it should go... Commissioner Plummer: But wait, wait a minute. How can... Vice Mayor Dawkins: Well, it hasn't been... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Why is it coming here and not before their board? Mr. Odio: They are coming here to ask for money first, and then go there and ask for the park. I guess, I don't know. They have... they requested to be here. Mayor Clark: Let's ask this gentleman. Vice Mayor Dawkins: Let's hear from Mr. Selman. Mr. Selman Lewis: As discussed, this is the 10th anniversary of the festival, and we've always come before the City Commission to ask simply for the rental waivers. We pay all the labor charges, we pay all other charges, simply the rental fee of the facilities and the barricade waivers. That's all we've come before this Commission. Vice Mayor Dawkins: But you are not being fair with my fellow Commissioners, OK. The reason that you have not been here, you had a deficit with the City of how much money? 79 September 8, 1994 Mr. Lewis: Ah. Mr. Odio: Fifteen thousand. Vice Mayor Dawkins: Wait a minute. No, no, let him speak, Mr. Manager. Mr. Lewis: No, it was a deficit of 21,000 which we've paid. Vice Mayor Dawkins: All right. When did... OK, fine. Mr. Lewis: OK. Vice Mayor Dawkins: When did you pay it? Mr. Lewis: We paid a portion of this after the festival, and we completed the payment a day ago. Vice Mayor Dawkins: How much a day ago did you pay? Mr. Lewis: Yesterday. Vice Mayor Dawkins: How much? Mr. Lewis: Seventeen thousand dollars. Vice Mayor Dawkins: So yesterday, now, you paid $17,000. Mr. Lewis: Yes, sir. Vice Mayor Dawkins: And you were told by Bayfront Park... Mr. Lewis: Yes. Vice Mayor Dawkins: ...that you could not use the City facility until you paid up. Mr. Lewis: We were told that we could... Vice Mayor Dawkins: And now you paid up yesterday, and you are in here today, you know, and nobody has had a chance... your check may bounce. I mean, I hope not. See. Mr. Lewis: No, no, no. We paid with a cashier's check to the City. But... Vice Mayor Dawkins: OK. See, well... But, J.L., the reason he has not been before us, he came before and we said he could not. He owed the City $21,000, and he... Mayor Clark: Twenty-one thousand. Vice Mayor Dawkins: ...could not have those facilities until he paid the 21,000. Now, you paid it yesterday, I don't know what he is asking for. Commissioner Plummer: I would... Mr. Lewis: Let me just clear it out, Commissioner. September 8, 1994 Mr. Odio: May I for just one second, please? Mr. Lewis: Yeah. Mr. Odio: Also, Commissioner, the problem last year was that they were told because of the Hispanic Heritage Festival... Commissioner Plummer: Parade. Mr. Odio: ...that they had to start at a certain time... I... because I am going by memory here. I remember I was in the middle of the street, that I... Commissioner Plummer: No, they were supposed to be finished by a certain time. Mr. Odio: ...and they started... they started three and -a -half hours late. And that... Remember that problem? Vice Mayor Dawkins: OK. Mr. Lewis: Yeah, I remember. Commissioner Plummer: Is that... is the Hispanic Heritage already booked for the... Mr. Odio: See, so they need to coordinate with the park. Vice Mayor Dawkins: Yeah, OK. But... Mr. Ira Katz: The Hispanic Heritage is at Bayfront, and this is at Bicentennial. Commissioner Plummer: What? Is it the same dates? Mr. Katz: Yes, sir. Vice Mayor Dawkins: Yes, but see... Commissioner Plummer: It can't be. It can't be the same dates. Vice Mayor Dawkins: OK. Well... Commissioner Plummer: No. Mr. Dawkins, let me tell you from experience, the parade which they have goes right in front of Bicentennial. Mr. Lewis: No, it does not. It does not. Commissioner Plummer: They've changed it? Mr. Lewis: You requested, Commissioner, that we change the parade route which we did. So it in no way affects the Hispanic Heritage. Vice Mayor Dawkins: Mister, I have said... Mayor Clark: Now, let's come to some decision here. Everybody has got different opinions. One at a time. 81 September 8, 1994 Commissioner Plummer: How... Mr. Manager, what do you recommend? Mr. Odio: The $9,500 in waiver provided they go to the Trust and work out the arrangements with the park. We don't... Commissioner Plummer: What... Vice Mayor Dawkins: OK. Number one... Number one, J.L., I have already worked out an agreement with the Hispanic Heritage that they are going to alternate these days. I've already worked that out. Commissioner Plummer: OK. I... Vice Mayor Dawkins: No, no, not this one, the next one. OK. Commissioner Plummer: Yeah. Vice Mayor Dawkins: Now, that's number one. Number two, when is your affair, Mr.? Mr. Lewis: October 8th and 9th. Vice Mayor Dawkins: October 8th and 9th. Mr. Lewis: Seven, eight and nine. Vice Mayor Dawkins: All right. Now, it's impossible for you to start that parade at 9 o'clock. Mr. Lewis: We have the parade starting at 12 o'clock, Commissioner. Vice Mayor Dawkins: Twelve o'clock, OK. Mr. Lewis: Yes. Vice Mayor Dawkins: All right. Start at 12, end at what? Mr. Lewis: On the streets at 6:00 p.m. Commissioner Plummer: Six hours you are going to tie up the Boulevard? Mr. Lewis: We don't tie up the Boulevard, if you read last year's police report, Commissioner, the Boulevard, we provided marshals, we provided security people... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Ah? Mr. Lewis: ...and the Boulevard was not tied up. Commissioner Plummer: OK. Well, you cross it. Mr. Lewis: We are on N.E. 2nd Avenue. 82 September 8, 1994 '. Commissioner Plummer: You cross the Boulevard, but it'll be opened up? Mr. Lewis: We cross at 14th Street, and we provided police officers and security people so that the Boulevard kept flowing, so that we did not tie up the Boulevard, Commissioner. Commissioner Plummer: How much money did you make last year? Mr. Lewis: We did not.. unfortunately, we didn't make any money last year. Commissioner Plummer: Do you have an audited statement? Mr. Lewis: I don't have an audited statement with me, but we can provide you with one. Commissioner Plummer: Mr. Katz, if I may ask of you? What would be required in the way of police and other services without the waiver, or with the waiver, what other services... the amount of money would be required for... Has this been three days in the past? It looked to me it was one day. Mr. Lewis: No, no. It's been a week of events. It starts the week before. What we require from the City is simply the use of the Bicentennial Park and the Coconut Grove Exhibition Center. And that's the weekend of the 7th, 8th, and 9th. Commissioner Plummer.: Well, this doesn't say anything about the Exhibition Center. This says only for Downtown. Mr. Lewis: But that's included. Commissioner Plummer: This has only for the park, this has nothing to do with the auditorium. Mr. Katz, approximately what would be the amount of money other than the $9,000 fees? Mr. Katz: Sir, I can't answer that because our department didn't handle this event until this year. And the Police Department has those figures. Commissioner Plummer: All right, what I would want, Mr. Manager... Mr. Lewis: Commissioner, I can... I received a fax of... when we requested the amount of money as it relates to Bicentennial Park from the Trust, we received a fax that says: There is a charge of $10,000 for these services from... for Bicentennial Park. Commissioner Plummer: But that's what you are asking of the waivers. What I am saying is Police, Sanitation, cleanup, and all of that... Mr. Lewis: No, no, we pay for that. Commissioner Plummer: How much is it? Mr. Odio: Thirty-one thousand dollars. Commissioner Plummer: Then what are we going to require them to put up in a deposit before they go into that park so that we don't have to worry about being paid the day before they come again? Mr. Lewis: OK. Commissioner, can I just say something before you answer that? 83 September 8, 1994 Commissioner Plummer: Fine. Mr. Lewis: OK. The system employed by Bayfront Park is that they collect, they handle all of the moneys that are collected for entrance fees to the event. Commissioner Plummer: What happens if it's not sufficient like it wasn't last year? Mr. Lewis: The question is, was not the entrance to the park the number of people in terms of the overall event making money? Commissioner Plummer: Yes. Mr. Lewis: We had over 15 to 20,000 people in that park. Commissioner Plummer: OK. Mr. Lewis: That by far five times all ways what we will pay to the City of Miami. And the City takes its money out and gives us the difference. Commissioner Plummer: Well, then how could we expect you to pay up a deficit? Mr. Lewis: That has never been done before. Commissioner Plummer: How can we expect you that you had a deficit, if in fact, there was more than enough money? Mr. Lewis: That system had never been utilized before, Commissioner. Commissioner Plummer: But you still had a deficit. Mr. Lewis: What I'm saying to you is that the City of Miami has never in the past handled the money for any events at Bay... Bicentennial Park. Commissioner Plummer: Mr. Mayor. Mr. Lewis: That is being employed this year. Commissioner Plummer: Mr. Manager, are you recommending the waiver of the $10,000? Vice Mayor Dawkins: Ten thousand for what? Mr. Odio: For what? Commissioner Plummer: For the waiver of the park... Mr. Odio: No. Commissioner Plummer: ...the barricades, the other stuff"? Mr. Odio: I recommended $9,500 in waivers of fees, max. Commissioner Plummer: OK. Mr. Mayor, are you ready for a motion? 84 September 8, 1994 Vice Mayor Dawkins: Wait a minute. Before you make a motion. Mr.Odio: But... I... Vice Mayor Dawkins: Mr. Pajares, come to the mike, Tony. The event that was held... Commissioner Plummer: It has nothing to do. Vice Mayor Dawkins: ...at the Bayfront... Mr. Tony Pajares: Coconut Grove Convention Center. Vice Mayor Dawkins: ...was it packed? Mr. Pajares: Yes, sir, it was. We estimated there were... Vice Mayor Dawkins: Did they sell alcoholic beverages? Mr. Pajares: Yes. Vice Mayor Dawkins: OK. And, yet, they didn't make any money. OK. All right. How have they requested the use of this facility? Mr. Pajares: Commissioner, yes. As a matter of fact, I just want to clarify whether the waiver includes the waiver of the fees of the Coconut Grove Convention Center? Vice Mayor Dawkins: No. Commissioner Plummer: No. No, it's not on the agenda. You can't even do it if you wanted to. Mr. Pajares: Well, that's the way it was last year, and it was waived. Vice Mayor Dawkins: Well, we are not doing it this year. Commissioner Plummer: No, that's out. Mr. Pajares: OK, sir. Vice Mayor Dawkins: All right. And how, in the event that we allow them to use it... Mr. Pajares: Yes, sir. Vice Mayor Dawkins: ...how do you make sure that you are going to take up all the ticket... I mean, how do we make sure we are going to get our money? Mr. Pajares: Well, we just... Vice Mayor Dawkins: The deposit? Mr. Pajares: We just simply rent it. The rental fee for what... the main hall they want is about $6,500. Vice Mayor Dawkins: OK. So, he... September 8, 1994 i Mr. Pajares: And they would have to pay it. Vice Mayor Dawkins: ...has to pay you that before he can use it? Mr. Pajares: Wes, sir. Vice Mayor Dawkins: Thank you. Commissioner Plummer: OK. Vice Mayor Dawkins: Go ahead, make your motion. Commissioner Plummer: Now, let me make you a motion as far as Bicentennial. Vice Mayor Dawkins: No, no, no. Make the motion in... Mr.Odio: Waiver. Vice Mayor Dawkins: ...because I am the Chairperson... Commissioner Plummer: OK. Vice Mayor Dawkins: ...and I'm not letting you do this. j Commissioner Plummer: All right. Vice Mayor Dawkins: Now, you make your motion and carry it all or none of it, Commissioner Plummer: All right, let me tell what I have in mind. Vice Mayor Dawkins: OK, go ahead. Commissioner Plummer: Then you make the motion. Vice Mayor Dawkins: OK. Commissioner Plummer: OK. You are saying that the Bayfront... the Bicentennial Park takes i up the tickets and sells the tickets, is that correct? So they have full control of the cash. Am I correct? Mr. Lewis: Yes. Commissioner Plummer: OK. Mr. Katz? I Mr. Katz: That's correct. Commissioner Plummer: We grant the $9,500 waiver, OK. They take up and get the rest of their money from the concessions, OK. If in fact this event makes money from an audit, you release the funds beyond. If it does not, then you do not. But if they make money, the City gets back its $9,500. That's my feeling. Vice Mayor Dawkins: I'll second the motion, under discussion. For Bicentennial, how do you account for the pre -sales, how are you going to get money out of pre -sales, J.L.? 86 September 8, 1994 1 Commissioner Plummer: They have to justify it to Mr. Katz that they made "X" number of pre - sales, and if they don't come with a true audit, he doesn't give them any money. Mr. Lewis: Wait a minute. Mr. Commissioners, what you are saying to us is this, we bring a lot of people into this community. This festival is the 1Oth anniversary of the festival. Last year the Greater Miami Convention and Visitors Bureau said, "The Caribbean American Carnival is one of the top 13 conventions. It over sold its room blocks in the City of Miami." Here it is that we are saying that for 10 years we've waived the fees... Commissioner Plummer: Excuse me, how much money did... Vice Mayor Dawkins: Hold it, hold it. Then how much did you get from them? Commissioner Plummer: How much did you get from them? Vice Mayor Dawkins: How much money you got from them? Commissioner Plummer: How much money did you get from them? Vice Mayor Dawkins: How much money did you get from... Mr. Lewis: I am answering you, Commissioner. Vice Mayor Dawkins: No, no, no. I'm asking... you are telling me what a great thing they say you are and what you can do, how much money did they give you? Mr. Lewis: No money directly... Vice Mayor Dawkins: No money. Mr. Lewis: No. But that is not the way it works. It works that the Convention Bureau gives money to the Cultural Affairs Council. Vice Mayor Dawkins: Well, then they... Mr. Lewis: And we get our money from the Cultural Affairs Council. Commissioner Plummer: And we gave you money. Yeah. Vice Mayor Dawkins: How much have you gotten from them? Mr. Lewis: Five thousand dollars. Commissioner Plummer: Excuse me. You are absolutely bass-ackwards. We give money to them from the TDC (Tourist Development Council) and the two percent bed -tax. So don't think that they are beneficial, they are not. OK. Look... Vice Mayor Dawkins: Go right ahead, sir. Commissioner Plummer: ..all I'm saying to you is if you want us to waive the fee, we waive the fees. If there is more than that is made, we get our money back. Mr. Lewis: But I'm saying, Commissioner, what I came here for is to ask this City that we are out there promoting the City of Miami, and I'm saying it's a good festival. We are doing something for us and for the City of Miami. 87 September S, 1994 i Commissioner Plummer: Then go to the TDC, that's what their money is for. Mr. Lewis: OK. But I am saying simply we are paying all charges. We are paying for the cleanup, we are paying for everything else. We are paying for the police, we are paying... Commissioner Plummer: Sir. Mr. Lewis: ...all I want is the rental fees waived. Commissioner Plummer: You know, I didn't want to say this, but now I got to. Mr. Odio: Let me say... Commissioner Plummer: No, no, no, wait a minute. Wait a minute. You know, people are known around here by their past history, OK? You have owed this City $21,000 for over a year... Vice Mayor Dawkins: And before that... before that... Commissioner Plummer: ...and you run in here at the last minute to try to come in with clean hands to get another amount of money, I'm sorry. The City has dealt with you before when we went to take, and we went to say please cooperate with us and hold your parade, and have it finished by noon, you didn't even start until... Mr. Odio: Commissioner, Commissioner, please, look, he had to sit down and analyze what we were giving... Commissioner Plummer: I made a motion, OK? Vice Mayor Dawkins: It was seconded. I call the order of the day. S Commissioner Plummer: All right. Mr. Katz, you understand it? Mr. Katz: Yes, sir. Commissioner Plummer: Thank you. Vice Mayor Dawkins: Mr. Katz... You don't work... He's no longer the chairperson. You don't have to understand a damn thing with him. You have to understand with me. Mr. Katz: Yes, sir. Vice Mayor Dawkins: He's not the chairperson over there any longer. Mr. Katz: Yes, sir. Vice Mayor Dawkins: OK? Thank you. Commissioner Plummer: Do you hear an echo over there? Vice Mayor Dawkins: All right. And I want you to have him understand that. I am the chairperson over there now. Mr. Katz: That's correct, sir. I } i i Vice Mayor Dawkins: All right. OK. Go right ahead. Commissioner Plummer: My name is Toby. Vice Mayor Dawkins: OK. Call the roll, Mr. Mayor, please. Mayor Clark: Roll call. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-643 A RESOLUTION RELATED TO THE CARIBBEAN AMERICAN FESTIVAL, CONDUCTED BY THE CARIBBEAN AMERICAN FESTIVAL COMMITTEE, TO BE HELD OCTOBER 7-9, 1.994; WAIVING ALL WAIVABLE USER FEES, AS PERMITTED BY THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SAID WAIVER CONDITIONED UPON THE ORGANIZERS: (1) PAYING REQUIRED RENTAL FEE FOR THE USE OF COCONUT GROVE EXHIBITION CENTER; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF i CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) 4- OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (5) REIMBURSING THE CITY IF ANY PROFIT IS REALIZED BY THE ORGANIZERS FROM SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Now, you see what runs these meetings so long? Vice Mayor Dawkins: Yes, sir. Mayor Clark: Don't accomplish a damn thing. Vice Mayor Dawkins: Well, we're going to let you take over now. Run them through, Mr. Mayor. 89 September 8, 1994 f i -------------------------------------.--------------------------------------------------------------------------- 21. BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING THE POOR CONDITION OF CURTIS PARK. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Well, we got 21. Commissioner Gort: It's withdrawn. On 22. Mayor Clark: Twenty-one has been deferred. It's withdrawn. Commissioner Plummer: Twenty-one was what? Mr. Cesar Odio (City Manager): Withdrawn. Mayor Clark: Withdrawn. Commissioner Plummer: Mr. Manager, the Mayor and I went by Curtis Park, going up to the Allapattah Chamber of Commerce. Sir, it's a disgrace. The fences are down, cars are parking in the basketball court, including City vehicles, and I'm telling you that somebody needs to go up there and clean that park up. Mr. Odio: Well, before you make a statement like that, Commissioner, have you been in the park, or just drove by? Commissioner Plummer: Yes, sir, I went all around the park, and walked from the back over to the Community Center. I Mr. Odio: Then I need to go back to that park, because that's not the way I saw it. Commissioner Plummer: OK. Go look on 20th Street. The fences are all down. Mr. Odio: OK. Commissioner Plummer: There's people parking in there, and that's what I've seen. Mayor Clark: It's a mess, it's a mess. Mr. Odio: OK. Commissioner Plummer: It is a mess. Yeah, it is, Cesar. END OF DISCUSSION -- NO ACTION TAKEN 90 September 8, 1994 22. TENTATIVELY GRANT REQUEST BY DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE FOR WAIVER OF ALL FEES / COSTS FOR USE OF BAYFRONT PARK AMPHITHEATER FOR THEIR WALK-A- THON AND RALLY EVENTS (OCTOBER 1, 1994), SUBJECT TO BAYFRONT PARK TRUST'S APPROVAL. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. Item 22. We got an item... We got a motion on 22? Mr. Cesar Odio (City Manager): Oh, on 22, Mr. Mayor, this should go to Bayfront Park Trust, not here. Mayor Clark: Fee waiver of six hundred dollars. Mr. Odio: We cannot recommend that, because this should go to the Bayfront Park Trust. Commissioner Plummer: Very definitely. Mayor Clark: When are they going to meet? In October? When is your next meeting, Mr. Dawkins? When do you meet again? Vice Mayor Dawkins: OK. We'll waive it on the... Traditionally, and if the Bayfront Park Trust does not accept it, then we'll come back. Commissioner Plummer: Is this on a weekend? See, this is where you... You get these free event days. Those are the revenue days. Mayor Clark: Please, please, please. Vice Mayor Dawkins: Well, we can give them a free day. Mayor Clark: Now, let's... Vice Mayor Dawkins: We can give them a free day, Mr. Mayor. Mayor Clark: OK. Commissioner Plummer: OK then. Mayor Clark: Well, make a motion. Let's get a motion. Vice Mayor Dawkins: I made a motion. Commissioner Plummer: Second, second. Mayor Clark: Second. Call the roll. All in favor, signify by saying "aye"; opposed, like sign. So ordered. Thank you, ladies. 91 September 8, 1994 The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-644 A RESOLUTION RELATED TO THE DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE WALK-A-THON AND RALLY TO BE HELD AT THE AT&T AMPHITHEATER AT BAYFRONT PARK AND VICINITY BY THE DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE ON SATURDAY, OCTOBER 15, 1994; WAIVING ALL, WAIVABLE FEES AND COSTS RELATED TO SAID EVENT; SAID WAIVER CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL OTHER COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS , DESIGNEE. i Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ' ABSENT: None. --------------------------------------------------- ------------------------------------------------------------ 23. INSTRUCT ADMINISTRATION TO PUT ALL SUPPLIERS OF PAY TELEPHONES IN THE CITY OF MIAMI ON NOTICE THAT THE COMMISSION EXPECTS, WITHIN 60 DAYS FROM THIS DATE, THAT ALL PHONES IN AREA DESIGNATED BY THE POLICE DEPARTMENT WILL BE ELECTRONICALLY MODIFIED TO BLOCK ALL INCOMING CALLS -- STIPULATE THAT IF ANY TELEPHONE SUPPLIER FAILS TO COOPERATE, SAID AGENCY IS TO COME BEFORE THE COMMISSION WITHIN 60 DAYS. i -------------- ------- ------------------------------------------------------------------------------------------- t 1 Vice Mayor Dawkins: Twenty-three. Mayor Clark: Twenty-three. Commissioner Plummer: You give away those weekend days... Mr. Cesar Odio (City Manager): By the way, Commissioner, on the fence of Curtis Park, that was damaged by Andrew. It's in the last package of FEMA (Federal Emergency Management Agency), and we should be doing it soon. Mayor Clark: Who's here on item 23? Please, let's move on. 92 September 8, 1994 Ms. Lucia Dougherty: Mr. Mayor, my name is Lucia Dougherty, with law offices at 1221 ` Brickell Avenue. I'm here today representing the Florida Pay Telephone Association. With me is Lance Norris, the executive director of this organization. And at your last City Commission meeting, there was some... some concern expressed by the Commission as to the pay telephones on public rights -of -way, and whether or not they somehow attract criminals. And my client would like to address this issue and tell you about some of the programs they have to address your concerns. Mayor Clark: All right. Mr. Lance Norris: Thank you, Commissioners. My name is Lance Norris. Excuse me, I'm a little nervous here. I'm president of the Florida Public Telecommunications Association. We're formerly the Florida Pay Telephone Association. Our offices are located at 315 South Calhoun Street, Suite 710, in Tallahassee, Florida. The FPTA represents approximately one hundred companies, ranging in size from an operator of five or less pay telephones to the largest pay telephone provider, which is People's Telephone Company, with over forty thousand pay telephones nationwide. But the majority of the membership comprised in our association operate less than twenty-five pay telephones, and the majority of them are also located down into the South Florida area. But of the thirty-two thousand independent pay telephones in the State of Florida, our association represents approximately twenty-two thousand of them. Commissioners, I come today to say that the FPTA is in support of Ordinance 11099, and also, its latest amendments. The ordinance does a good job in balancing the need for free enterprise to work, but at the same time, prevents too many pay telephones from cluttering the sidewalks. While the majority of pay telephones are used for legitimate and lawful purposes, we are aware that some locations where the criminal element has become an overriding problem. Simply eliminating or removing the pay telephone only penalizes the law-abiding and the taxpaying business owner, while the criminal moves to another location, or goes to using other telecommunications means, such as cellular phones. The FPTA, in cooperation with Public Works of the City of Miami, has pending before the Florida Public Service Commission a request to block incoming calls from certain designated pay telephones. Additionally, in the near future, we will jointly ask the Public Service Commission to allow the deadening of a key pad after an initial call is made, preventing pay telephones from delivering digital messages. Plus the FPTA has advised Police Chief Warshaw that we can become an aid to law enforcement. As the sign on the phone reads - this is an enhanced size of it, this is the actual size that will appear onto the pay telephone - it says it's Operation Handcuff. "Notice to drug dealers: All numbers, along with the date and time dialed from this pay phone, using coin, credit card and collect are recorded automatically, and subject to subpoena by law enforcement officials." The FPTA wants to assist in stopping the criminal use of pay telephones. We strongly feel that it's in the public's best interest to leave phones in place, and block incoming calls, and deadening of the key pad, in order to deter criminal activity, as opposed to removing the phones all together. Public access phones are vital instruments to be used during police and/or health emergencies by people who otherwise may not have access to a telephone at all. Plus a great number of citizens do not have home phone service, and depend on pay telephones as their means of communications with their loved ones. An example of this is Lynn McLellan, who is the president of Liberty Tel. It's a small operator of pay telephones in the Liberty City area. She placed telephones there after there was virtually no pay telephones, some years that they had gone with it. And very many of the citizens there depend on her phones for the use of being able to make local calls, as well as calls to... Mayor Clark: Excuse me, sir. Mr. Norris: Yes, sir. Mayor Clark: Lucia, what's the bottom line here? What are you looking for? 93 September 8, 1994 Commissioner Plummer: No, it's what the City's looking for, Mr. Mayor, but the problem existing is the problem that we all are much aware of. What's happening, for example, on Grand Avenue, as the example, and I'm sure it's happening on many other main streets. Mayor Clark: Thank you, Lucia. Commissioner Plummer: Those public phones are nothing more than substations for drug distribution. One of the things that I heard the other day, Mr. Mayor, I think may be interesting, that they can make phones that cannot receive calls, only send calls. Mr. Norris: That's what we were talking about, blocking. Commissioner Plummer: Oh, I'm sorry. I was in the bathroom. Mr. Norris: Blocking incoming calls. Commissioner Plummer: Yeah. Mr. Norris: As well as the deadening of the key pad, so after you make your initial call, then you cannot put any additional digits, like to work a pager, along those lines. Commissioner Gort: Why don't you go to the Operation Handcuff? Mr. Norris: In addition to that. Commissioner Gort: I think this is important. Mr. Norris: This actually is placed on the front of the phone, which gives notice that the calls from our pay telephones, the numbers are automatically recorded. The difference between our pay telephones and traditionally the phones provided by the local exchange company is all the intelligence resides within the phone, and all this information is recorded, and is able to be retrieved and held for record keeping. So if a law enforcement agency wanted to see where the... Commissioner Plummer: Fine. Commissioner Gort: That's great. Mr. Norris: ... local calls or even the long distance calls were going, they can get date and time, and even duration of those calls. Commissioner Plummer: Can we do the same thing with Southern Bell? Can we require Southern Bell to do that, or lift their franchise? Let's do it. Mr. Norris: You can request it of Southern Bell, and Southern Bell would be able to provide it to you on a going forward basis, as I understand. Commissioner Gort: Yeah. It would be a great tool for the police officers. Commissioner Plummer: Well, Mr. Mayor, I make a motion at this time the Administration be instructed to put all suppliers on notice that this one here has given a great idea, and that as far as we're concerned, that we expect within the next sixty days that all phones in areas designated by the Miami Police Department will be for purpose of sending only, without additional digits on the number, and that they not be able to receive calls. I so move. 94 September 8, 1994 Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Any exception? Commissioner De Xurre: Discussion, Mr. Mayor. I have no problem in casting a unanimous ballot on that, that's fine. But my issue is, Sunday, I was in the corner of 16th Avenue and 3rd Street Northwest, the Orange Bowl corner where we put in the new softball there, the baseball field for kids. Now, we have over seventy children there, actively playing there, every afternoon and on weekends. And I was there with my wife, and while I was talking with the kids, she was standing under a tree there next to a pay phone that is right there on the corner. She couldn't believe the activity that was going on. And forget about calling and beeping. The guy was... They were beeping him. He was making the calls, come by... The cars were coming by, opening the trunk, delivering, taking key... gold chains, marijuana, whatever you wanted. It was unbelievable. And, you know, it's all great to have the ability to use the phone and call your dear mother, or grandmother, or children, you know. That's all fine and dandy, but not when you have seventy kids there that are, you know, eight, nine, ten, eleven, twelve year olds, and you got that kind of activity right there next to you. The parents were horrified, and we saw it, you know, we were watching it right before our eyes. So I would like to have... And this is all great, and, hopefully, it will work. But meanwhile, I would like to have that phone removed from that location. Go ahead. Ms. Dougherty: There is a process for doing that. Mr. Norris: I would have to find out who owned that phone. Commissioner Plummer: As I said, you know, we don't want all phones removed, OK? Or we don't want all of them blocked, but those that are designated by the Police Department. Mayor Clark: Just give me a little piece of rope and the address. I'll remove them in five seconds. I'll drag that thing down and go away. Mr. Dougherty: We understand entirely, and that's precisely what we're trying to address, and... Mayor Clark: All right, now, fine. Motion... Ms. Dougherty: ... and there is a mechanism to do exactly what you said. Mayor Clark: There's a motion and a second. Cast a unanimous ballot, Madam Clerk. Commissioner Plummer: Mr. Mayor, that does carry that if the other companies do not cooperate, that they are to come before this Commission within sixty days. Mayor Clark: I believe they will cooperate. Don't worry. You know, we've got the next item, 24. The people have left. Mr. Norris: I have one question, if I may ask, in regard to that, on a clarification. Mayor Clark: Sir? Mr. Norris: Are you asking that all public telephones in the City of Miami block incoming calls, or just certain ones designated? 95 September 8, 1994 Commissioner Plummer: No, sir. As designated by the Miami Police Department. Mr. Norris: OK. Thank you. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-645 A MOTION INSTRUCTING THE ADMINISTRATION TO PUT ALL SUPPLIERS OF PAY TELEPHONES IN THE CITY OF MIAMI ON NOTICE THAT THE CITY OF MIAMI COMMISSION EXPECTS THAT WITHIN 60 DAYS FROM THIS DATE ALL PHONES IN AREAS SPECIFICALLY DESIGNATED BY THE CITY OF MIAMI POLICE DEPARTMENT WILL BE ELECTRONICALLY MODIFIED FOR PURPOSES OF ONLY ALLOWING CALLS TO BE MADE FROM THEM, WHILE AT THE SAME TIME BLOCKING ALL INCOMING CALLS; FURTHER STIPULATING THAT IF ANY OF SAID TELEPHONE SUPPLIERS FAILS TO COOPERATE, SAID AGENCY IS TO COME BEFORE 'THE CITY COMMISSION WITHIN 60 DAYS. 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 24. GRANT REQUEST BY KIWANIS CLUB OF CORAL GABLES (LATIN) FOR A FREE -OF -CHARGE VACCINATION PROGRAM TO BE AVAILABLE TO CHILDREN OF ALL AGES (SEPTEMBER 10, 1994), SUBJECT TO CITY ADMINISTRATION MAKING SURE THAT THE CITY'S LIABILITY IS FULLY COVERED. Mayor Clark: All right. This is a request by the Kiwanis of Coral Gables. Mr. Cesar Odio (City Manager): Yes, sir. Mayor Clark: The only thing that bugs me now is that they're not here. You sure that this is a legit operation? You know, on television the other day, they had some of these vaccination spots that turned out to be death traps. Mr. Odio: Well, they come from the Kiwanis of Coral Gables. They had to leave because they had another meeting to go to. i Mayor Clark: I know that, but can they get assurance from the hospital trust or someone that they're qualified to do this? i Mr. Odio: I... Mayor Clark: You know what I mean? Mr. Odio: That's a good question. Commissioner Plummer: What about indemnification? Mr. Odio: I don't know. Maybe it was... Commissioner De Yurre: Well, Mr. Mayor, I think we have to presume that they're not the ones that are going to be giving the shots. Mr. Odio: Right. Commissioner De Yurre: So it has to be a health -related organization, government, or something. Mayor Clark: Please, please. Because, man, you know, that could cause us a lot of headaches. Motion on the item? Commissioner Plummer: Approve it. Mayor Clark: Second? Commissioner Plummer: Subject to the Administration checking that the City is protected. Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-646 A MOTION GRANTING REQUEST RECEIVED BY THE KIWANIS CLUB OF CORAL GABLES (LATIN) TO OFFER A FREE -OF -CHARGE VACCINATION PROGRAM TO CHILDREN OF ALL AGES ON SEPTEMBER 10, 1994; SUBJECT TO THE CITY ADMINISTRATION ENSURING THAT THE CITY IS PROTECTED AGAINST ANY POTENTIAL LIABILITY. 97 September 8, 1994 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 25. GRANT REQUEST BY DADE COUNTY SICKLE CELL FOUNDATION, INC. FOR FEE WAIVERS IN CONNECTION WITH THE 10K WALK -FOR - SICKLE -CELL -DISEASE AT PEACOCK PARK (SEPTEMBER 17, 1994). ---------------------------------------------------------------------------------------------------------------- i Vice Mayor Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. i Vice Mayor Dawkins: I've received a request from the Sickle Cell Foundation. I Mayor Clark: Yes, sir. Vice Mayor Dawkins: And they say it's an emergency, because they want to have their scheduled Walk-A-Thon Saturday, September the 17th. I would like to move this with the provision that Mr. Astrid Mack come with the Manager, and we give the same services we gave last year from the Public Safety, Fire Rescue, and Public Works. Mayor Clark: Second on the motion. Commissioner Plummer: Second. i y Mayor Clark: With no exception, cast a unanimous ballot. Thank you, Mr. Dawkins. September 8, 1994 I' i The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-647 A RESOLUTION RELATED TO THE WALK FOR SICKLE CELL ANEMIA, CONDUCTED BY THE DADE COUNTY SICKLE CELL FOUNDATION, TO BE HELD IN THE COCONUT GROVE DISTRICT AREA ON SEPTEMBER 17, 1994; ALLOCATING AN AMOUNT NOT TO EXCEED $4,565 FROM SPECIAL PROGRAMS AND ACCOUNTS TO COVER THE COSTS OF THE CITY SERVICES AND APPLICABLE FEES IN SUPPORT OF SAID EVENT, CONDITIONED UPON THE ORGANIZERS (1) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND (2) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------- 26. EMERGENCY ORDINANCE: AMEND 1.0021, WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND (LETF) -- PROVIDE FOR INCREASE OF $1,434,236 AS A RESULT OF ADDITIONAL MONIES DEPOSITED DUE TO SUCCESSFUL FORFEITURE ACTIONS. ---------------------------------------------------------------------------------------------------------------- Mayor Clerk: Item 25. Amending ordinance. Mr. Cesar Odio (City Manager): This is the appropriations for the law enforcement. Commissioner Plummer: I'll move it... Mayor Clark: Yeah. Give me a motion on this. Commissioner Plummer: I'll move it subject to that each and every disbursement has to be approved by the City Commission. Mr. Odio: They always have to. This is just to put the money in the fund. 99 September 8, 1994 Commissioner Plummer: Just under... F Mayor Clark: Second. Cast a unanimous ballot, Madam Clerk. Item 26. Commissioner Plummer: No, wait, wait a minute. It's an ordinance. Mr. Odio: No, sir. You have to read it. Commissioner Plummer: It's an ordinance. Mayor Clark: Read it. Mr. Odio: Twice. 1 Vice Mayor Dawkins: What item are we on, Mr. Mayor? i 4 Mayor Clark: Twenty-six - 25. All right. Call the roll. Vice Mayor Dawkins: No, no, wait. Please, please, one question before they go. Commissioner Plummer: Go. Vice Mayor Dawkins: Of the one million and-a-lialf dollars, Mr. Manager, how much is going to be in, put in crime prevention programs, and not in supplies and equipment? 1 Mr. Odio: You mean on this? Can we give them a breakdown on this? 1 Lt. Joseph Longueira: Yeah, I'll give it, I have a breakdown. Mr. Odio: OK. Go ahead and... Vice Mayor Dawkins: No, no, just give me an amount. Mr. Odio: Go ahead and tell him the amount. Vice Mayor Dawkins: Give me an amount. One fourth, one third, two thirds, one fifth. Commissioner Gort: Are we on 26? Commissioner Plummer: We're on 25. Major R. Martinez: By State Statute, Mr. Commissioner, we have to give fifteen percent minimum, and we far exceed that. Vice Mayor Dawkins: Now, see, that's what... I'm getting off the minimum. OK? I need to know where you plan to go to the maximum. Commissioner Plummer: Is that of this amount of money? Major Martinez: Yes, sir. Commissioner Plummer: The one million -four? r r 100 September S, 1994 r Commissioner Gort: That's about two hundred and something, if it's fifteen percent. Commissioner Plummer: This doesn't distribute any of the monies. Vice Mayor Dawkins: No, no. That's why I'm trying to see how much. OK. You got robbery tactical, career criminals. I don't know... What is that? Lt. Longueira: That's where we target career criminals that are arrested... Vice Mayor Dawkins: OK. That has nothing to do with prevention, with children. OK? Or scanner, nothing to do. Quest of South Florida, that may be a... What is that? Lt. Longueira: That one, the City Attorney has still got to make a determination on. That's a program, a diversion program. It was on the agenda once before. It was pulled, and the City Attorney is working on it. Vice Mayor Dawkins: Conversion of what? Mayor Clark: Diversion. Lt. Longueira: A juvenile diversion program. Vice Mayor Dawkins: All right. So that may be one. Handgun exchange has nothing to do with children. Model Cities... Commissioner Gort: Where are we at? Commissioner Plummer: He's on twenty... I would... Lt. Longueira: That's crime prevention. I... Mr. Dawkins... Vice Mayor Dawkins: Yes, sir. Commissioner Plummer: I'd like to defer this. Vice Mayor Dawkins: OK. Commissioner Plummer: I would... I didn't know this was any monies being disbursed, and I didn't understand it as such. I would ask that 25 be deferred, Mr. Mayor. Commissioner Gort: That's my understanding. I don't see any... Vice Mayor Dawkins: Second. Lt. Longueira: No, Commissioner, this is not the disbursement. Commissioner Plummer: Well, here's... Now, they give us the disbursements at the meeting. Lt. Longueira: No, it's not the disbursement. In other words, for every one of these projects, we come before you for an approval by resolution. Commissioner Plummer: We might not agree with this, Joe. OK? Lt. Longueira: Exactly. And if you don't, then you deny it. 101 September 8, 1994 I Commissioner Plummer: Then... Mayor Clark: Let's get the program started. Lt. Longueira: If you don't approve it, you deny it. Commissioner Plummer: All right. Get the program started, but this list here, fully understand, has no bearing on the final disbursements. Commissioner Gort: I don't have that list. Lt. Longueira: Right. Each one comes back to you for approval. Commissioner Plummer: Well, sure. The reason, they didn't want you to see it. What are you, kidding me? i Mayor Clark: All right. Motion and a second on the item itself. But the disbursement comes in on... Commissioner Plummer: Yeah. Well, none of this money can be disbursed to anyone... i Lt. Longueira: Right. Commissioner Plummer: ... even in-house, without Commission approval. OK. Mayor Clark: Cast a unanimous ballot, Madam Clerk. Commissioner Plummer: You can't... Mayor Clark: Call the roll. An Ordinance entitled - i AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021, I ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $1,434,236 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 102 September 8, 1994 was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11173. 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. ---------------------------------------------------------------------------------------------------------------- 27. DISCUSSION CONCERNING PROPOSED EMERGENCY ORDINANCE TO ESTABLISH INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: POLICE HIRING SUPPLEMENT, ACCEPTING GRANT OF $1,950,000 FROM U.S. DEPARTMENT OF JUSTICE. [Note: At this point, the roll was called, but the ordinance was not read by title into the public record. The ordinance was duly read later on - see label 42.] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: What are you here on? Mr. James McMaster: Twenty-six. Mayor Clark: Twenty-six. Let's go to 26. Mayor Clark: Ordinance establishing a special revenue fund. Commissioner Plummer: All right. On 26, is this the crime bill money coming down the pike? Mr. Cesar Odio (City Manager): This is the crime bill money, sir. 103 September 8, 1994 Commissioner Plummer: All right. 1 Mr. Odio: We need to hire the additional police officers. Commissioner Plummer: All right. My question, sir, is, after you hire the policemen, this money is gone, how are you going to pay them? Commissioner Gort• That's a commitment we of to make g Mr. Odio: That's a good question. That's something that we have been... Commissioner Plummer: No, no, sir. I think we need a good answer. Mr. Odio: Wait, wait, just a minute, will you? At least we get a free year out of police officers. Lt. Joseph Longueira: Four years. Mr. Odio: And we also have... Vice Mayor Dawkins: I think the Manager is saying to you that we are going to take this money and utilize it in the manner where when the money is short, we will have utilized it and got the maximum out of it... Mr. Odio: Exactly. Vice Mayor Dawkins: ... and it will not show up of as a heck of a shortage when it stops. Mr. Odio: Yeah. Sir, I also want to tell you, the crime bill was passed, and this would resolve this issue in the future. Mayor Clark: All right. Is there a motion on the item? Vice Mayor Dawkins: Yes, sir. Move it. Mayor Clark: Moved. Mr. James McMaster: Excuse me, gentlemen. Commissioner Plummer: Excuse me. It's not signed. Mayor Clark: Second? Commissioner Plummer: Wait, whoa, whoa. I got further questions. Can this be money... Mayor Clark: Let's get it on the floor for your question. Commissioner Plummer: Oh, I'm sorry. I thought... Commissioner Gort: Discussion. Mayor Clark: All right. Commissioner Plummer: I'd be happy to. Can this money, Mr. Manager, as you sent me the memo this morning, be used to hire PSAs (Public Safety Aides)? 104 September S, 1994 Mr. Odio: No. Lt. Longueira: No, sir. Mr. Odio: You have to be a police carrying gun, with guns. Commissioner Plummer: And how many policemen will this hire, Mr. Manager? Mr. Odio: Twenty-six. Lt. Longueira: Yes. Commissioner Plummer: Twenty-six. Mr. Odio: Twenty-six. Lt. Longueira: And they have to go to community police programs. Mr. Odio: They have to be in the neighborhoods. They have to be assigned to the neighborhoods. Commissioner Gort: They have to be assigned to the NETs (Neighborhood Enhancement Teams). Commissioner Plummer: In other words, that could be SROs (School Resource Officers)? Mayor Clark: NET, NET. Mr. Odio: They have to be NROs (Neighborhood Resource Officer). Lt. Longueira: No. The NROs. Mr. Odio: NRO. Commissioner Plummer: Could they be SROs? Are they not neighborhood community programs? Mr. Odio: What is an SRO? Commissioner Plummer: School Resource Officers. Mr. Odio: No, sir. Lt. Longueira: Commissioner, not under this funding, one point nine million. OK? It was specific, awarded one point nine million for a particular program. Commissioner Gort: Neighborhoods. Lt. Longueira: That was the NRO program. Commissioner Plummer: And when will this pro... When will this class start? Mayor Clark: Yesterday. 105 September 8, 1994 Lt. Longueira: It's already started, and we actually start receiving money October 1. They have to... f Commissioner Plummer: This class will graduate when? Lt. Longueira: They just graduated. (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Lt. Longueira: Yeah, yeah. In other words... Commissioner Plummer: This twenty-six just grad... Lt. Longueira: No. Thir... Commissioner Plummer: In other words, you had them in, and without any money. Lt. Longueira: Thirteen... Commissioner Plummer: Now, when this money comes down the pike, you use this, rather than the money that you had before. Lt. Longueira: No. Understand... Mr. Odio: We had a class going in. We had a class going in, and this money will pay for that class. Thank God that it came down. If not, we would have had to pay it, because there were additional officers... Vice Mayor Dawkins: No. Well, that means you're going to add twenty-six more that you will have to pay for. Mr. Odio: That's right. Commissioner Plummer: OK. You know, because... I'll ask at budget time this afternoon. We appropriated money for a hundred and fifty PSAs last year in the budget. All right? You got seventy. I want to know where the other eighty... money went to. It obviously disappeared. Mayor Clark: All right. Let's hear... Commissioner Plummer: So I'll be asking it this afternoon. Mayor Clark: Please, please. Yes, sir. Mr. Jim McMaster: I'm all for this. Anything that puts more police on the streets is a good thing. My only concern would be that... And I'm not very familiar with the Police Department or their budget, but, you know, they have a budget, and we need to ensure that when the federal... we get these federal funds that they supplement and are in addition to the existing budget, and aren't, in effect, cut out. My specific concern is, the crime bill has passed. However, the funding for it has not been granted. Supposedly, they're going to, as they get rid of federal employees, that's going to fund it. They've got to decide how to disburse the money. It's a long time before this money comes down to us. My concern would be that if you look at the budget, the nine million, three thousand dollars in the budget on page twenty... 106 September 8, 1994 Mr. Odio: I think the budget hearing is this afternoon at five. Mr. McMaster: Right, but I think it goes right into this. The fact is, on page 21, it's grant summary proposed for uses other than general operating, and that's fine, nine million, three thousand. However, if you go to page 9, where it says general fund revenues, intergovernmental revenue, crime bill, nine million, three thousand, it appears that you have the nine million from the crime bill in the general fund for '94/95. And I want to ensure that that is taken out. I mean, the police need all the help they can get, you know. It needs to be supplemental, not... Mr. Odio: That's not going to be taken out. When the nine million -three... Vice Mayor Dawkins: Mr. Manager, I think we need to explain to Mr. McMaster, because I agree with him in principle, but I think we need to explain to him that this money, we already have been appropriated this money or given this money. This is crime money that they freed up prior to the beginning of the discussion of the crime bill money in Washington. This money... Mr. McMaster: Oh, the one million plus, yes. But the nine million is... Vice Mayor Dawkins: Yeah, yeah, OK, uh-huh, yeah. But, Tim (sic), this money is not the money that they're arguing about freeing up for crime bill fighting in Washington now. Mr. McMaster: Oh, no, I agree with you entirely. Vice Mayor Dawkins: OK. Mr. McMaster: I was just saying, I'm happy with this, but let's make sure that... Vice Mayor Dawkins: So therefore, the Manager has this money in hand. That's why the Manager has budgeted it, because he has it in hand. Mr. McMaster: Right. Vice Mayor Dawkins: So it's not... Mr. Manager, you better listen to me so if I'm wrong, you can tell him I'm wrong. OK? This is not money that the Manager is substituting in the budget for, which I don't want, either. Mr. McMaster: Oh, no, sir. I'm sorry there was a misunderstanding. I'm not questioning number 26. I'm happy with it. It's great. I'm just saying that let's make sure that the crime bill, the nine million comes the same way. Mr. Odio: The crime bill... Vice Mayor Dawkins: But I'm trying to tell you that it is not a supplementary. OK? He already has it, and he has budgeted it, because he had it in hand. Mr. McMaster: Right. Vice Mayor Dawkins: OK? Mr. Odio: Now, the crime bill is different. Y Vice Mayor Dawkins: Yeah, the crime bill is different. Mr. Odio: And we work - we've been working with Washington since they started talking about the crime bill. 107 September 8, 1994 Vice Mayor Dawkins: And I'll be up there Monday, again. Mayor Clark: Give them hell. Mr. Odio: Because the crime bill will pay for existing services, and we need that. If not, you could not maintain the level of services we have. Mayor Clark: All right. Vice Mayor Dawkins: OK? Call the roll. Mayor Clark: All right. Let's move forward. Vice Mayor Dawkins: Are you finished, Mr. McMaster? Mr. McMaster: Thank you. Vice Mayor Dawkins: Are you finished? Mr. McMaster: Yes, sir. That's fine. Mayor Clark: Manuel. Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners. Vice Mayor Dawkins: Good morning, sir. Mr. Gonzalez-Goenaga: I am Mr. Manuel Gonzalez-Goenaga, and I am a registered lobbyist - even though I don't like that word, "lobbyist" - for Citizens United Against Police Brutality. My concern - and it has been a very valid concern all along - is that we have to have a total integration. We must... We cannot take these things piecemeal. We need a total overview of the Police Department, and I have said this over, and over, and over again. There are many things here that are piecemeal, and, of course, the more we get from the Federal Government, which comes from our own pockets, the better. But the problem is strict accountability. Strict accountability. And that's what you are here for, Commissioners. I sincerely hope that you are extremely well aware of every single penny that is spent of people's... Mayor Clark: We've got to be. We've got to he. Mr. Gonzalez-Goenaga: Well, got to be, but not... It doesn't play.., goes out that way. Mayor Clark: Different, different day today. OK? Mr. Gonzalez-Goenaga: Well, that's why this Commission is today, because today, we are supposed to be voting, and the least people that come here, the better. Mayor Clark: Well, we got to get out of here to vote. All right. On the motion, on the motion. Vice Mayor Dawkins: Call the roll. Mayor Clark: Call the roll. Ms. Matty Hirai (City Clerk): Excuse me, Mr. Mayor. I need a motion. 1: September 8, 1994 Commissioner Plummer: I move it. Mayor Clark: Motion by Mr.... Mr. Plummer, Mr. Dawkins. Vice Mayor Dawkins: Second. Mayor Clark: Call the roll. Ms. Hirai: An emergency... A. Quinn Jones, III, Esq. (City Attorney): The ordinance has already been read. [NOTE: At this point, the roll was called, but the ordinance was later read into the public record, was passed and adopted as Emergency Ordinance 11175, See Label 42. Vice Mayor Dawkins: A point of special privilege, Mr. Mayor. Mayor Clark: Yes, sir. Vice Mayor Dawkins: I'd like to recognize the new head of the sanitation workers, Mr. Norman Charles. Mayor Clark: Where is Norman? Vice Mayor Dawkins: There he is. OIL. Mayor Clark: Norman's my buddy. Vice Mayor Dawkins: And I'd also like to ask - I know she's busy with the semester just starting - 1 see Ms. Arcie Ewell here, and I don't know... What item are you here on, Mrs. Ewell? Mrs. Arcie Ewell: Item 51. Vice Mayor Dawkins: Number 1? Mrs. Ewell: Fifty-one. Vice Mayor Dawkins: Fifty-one? Mrs. Ewell: Yes. Mayor Clark: Well, we'll see you this afternoon. Vice Mayor Dawkins: OK. Well, you come back at about three o'clock, and I'll try to see if we can't have it first, because we will not get to 51 before lunch. We break at twelve o'clock for lunch. Mrs. Ewell: Thank you. 109 September 8, 1994 2 Mayor Clark: All right. Vice Mayor Dawkins: OK. ---------------------------------------------------------------------------------------------------------------- 28. SECOND READING ORDINANCE: AMEND 10840, WHICH ESTABLISHED INITIAL APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND - FY 90-91 -- PROVIDE FOR INCREASE OF $70,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED DUE TO SUCCESSFUL COLLECTION OF COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEES. Mayor Clark: All right. Item 27. Commissioner Plummer: Move it. Mayor Clark: Is there a second? Commissioner Gort: Second, Vice Mayor Dawkins: J.L. moved it. I'll second it. Mayor Clark: Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 10840, ADOPTED ON FEBRUARY 14, 1991, AS AMENDED, WHICH ESTABLISHED INITIAL APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND - FY 90-91, RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO, 10764, ADOPTED JULY 12, 1990, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $70,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE; PROVIDING FOR FURTHER APPROPRIATIONS AND CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE, passed on its first reading by title at the meeting of July 14, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor. Stephen P. Clark NAYS: None. ABSENT: None. 110 September 8, 1994 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11174. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ----------------------------------------------------------------------------------------------------------- 29. FIRST READING ORDINANCE: AMEND 11:130, WHICH ESTABLISHED STANDARDS FOR CREATION AND REVIEW OF BOARDS, BY: (1) PROVIDING THAT STANDARDS, AS CONTAINED IN ARTICLE XIII, CHAPTER 2 OF THE CODE, SHALL NOT APPLY TO CITY BOARDS WHEN THERE IS A CHARTER PROVISION TO THE CONTRARY; (2) PROVIDING THAT THOSE PERSONS OWNING REAL PROPERTY IN THE CITY OF MIAMI ARE ELIGIBLE FOR MEMBERSHIP ON CITY BOARDS; (3) PROVIDING FOR PROCEDURE FOR REMOVAL, OF BOARD MEMBERS WHO CEASE TO COMPLY WITH ELIGIBILITY REQUIREMENTS; (4) PROVIDING THAT THE CITY CLERK SHALL INFORM THE CITY COMMISSION WHENEVER A BOARD MEMBER HAS RESIGNED FROM A BOARD; AND (5) PROVIDING THAT THE REQUIREMENT THAT EACH NET ADMINISTRATOR SHALL BE A LIAISON TO BOARDS WHICH OPERATE WITHIN ITS GEOGRAPHICAL AREA OF RESPONSIBILITY DOES NOT PRECLUDE THE APPOINTMENT AS LIAISON OF ANY OTHER PERSON WHICH THE COMMISSION OR ADMINISTRATION MAY WISH TO APPOINT TO SERVE IN SAID CAPACITY -- AMEND SECTIONS 2-425, 2-428, 2-433 AND 2-435. Mayor Clark: Next item. Vice Mayor Dawkins: Twenty-eight. Commissioner Plummer: What does that do? Commissioner Gort: Move it. Commissioner Plummer: Yeah, well, let's understand, for one time, and one time only. Commissioner Gort: Mm-hmm. Ms. Matty Hirai (City Clerk): Commissioner, your microphone, please. Commissioner Plummer: And if I under... Let me say what I understand, and you tell me if I'm right or wrong. A. Quinn Jones, III, Esq. (City Attorney): OK. Commissioner Plummer: For a person to serve on a board or a committee appointed by this Commission, they must either live, own or work in the City of Miami; is that correct? Mr. Jones: Or maintain a business. Commissioner Plummer: OK. law] September 8, 1994 Commissioner Plummer: Well, is that not work, maintaining a business? Mr. Jones: Not necessarily. Commissioner Plummer: Well, OK. In other words, they could be a slum landlord and still be appointed. Mr. Jones: It's own real property... Commissioner Gort: If he owns property. Mr. Jones: ... work, or maintain a business... Commissioner Plummer: If he owns property. Mr. Jones: ... in the City of Miami. Commissioner Plummer: OK. Now, this also contains a provision that if they don't, no longer qualify under one of those three provisions, they automatically come off the board. Mr. Jones: Mm-hmm. There's a provision for that. Commissioner Plummer: OK. Mr. Jones: Now, the other thing you should be aware of, as well, to the extent that you have boards that have specific qualifications, in terms of membership, then that would govern, Specific Charter provisions that call specifically for certain provisions. Commissioner Plummer: Such as? Mr. Jones: Such as Charter provisions specifically dealing with Civil Service Board... Commissioner Plummer: How does that differ from what is proposed here? Mr. Jones: These particular boards, I think the only thing that was pointed out, these particular boards, in and of themselves, have specific provisions that are provided for by Charter, as opposed to many of the other boards and committees that have membership requirements that are provided for by Code. So we just put a caveat in there to the extent that there may be anything inconsistent with any of the membership provisions as provided for these Charter created boards then those, of course, would prevail. Commissioner Plummer: So in other words, Charter boards would take a referendum to change. Mr. Jones: Yeah, yes. Commissioner Plummer: OK. Mr. Mayor, I move item 28. Mayor Clark: Is there a second? Commissioner Gort: Moved and seconded. September 8, 1994 l Mayor Clark: Read the ordinance. All right. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO, 11130 WHICH ESTABLISHED THE STANDARDS FOR CREATION AND REVIEW OF BOARDS BY: (1) PROVIDING THAT SAID STANDARDS, AS CONTAINED IN ARTICLE XIII OF CHAPTER 2 OF THE CODE OF' THE CITY OF MIAMI, FLORIDA, AS AMENDED, SHALL NOT APPLY TO CITY BOARDS WHEN THERE IS A CHARTER PROVISION TO THE CONTRARY; (2) PROVIDING THAT THOSE PERSONS OWNING REAL PROPERTY IN THE CITY OF MIAMI ARE ELIGIBLE FOR MEMBERSHIP ON CITY BOARDS; (3) PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF BOARD MEMBERS WHO HAVE CEASED TO COMPLY WITH THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP OF CITY BOARDS; (4) PROVIDING THAT THE CITY CLERK SHALL INFORM THE CITY COMMISSION WHENEVER A BOARD MEMBER HAS RESIGNED FROM A BOARD; AND (5) PROVIDING THAT THE REQUIREMENT THAT EACH NET ADMINISTRATOR SHALL BE A LIAISON TO BOARDS WHICH OPERATE WITHIN ITS GEOGRAPHICAL AREA OF RESPONSIBILITY DOES NOT PRECLUDE THE APPOINTMENT AS LIAISON OF ANY OTHER PERSON WHICH THE CITY COMMISSION OR 'THE CITY ADMINISTRATION MAY WISH 'TO APPOINT TO SERVE IN SAID CAPACITY; MORE PARTICULARLY, BY AMENDING SECTIONS 2-425, 2-428, 2-433 AND 2-435 OF THE CITY CODE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and 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 J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins 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. ------------------------------- -------------------------------------------------------------------------- 30. FIRST READING ORDINANCE: AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION III), SECTIONS 40- 250 AND 40-255. Mayor Clark: Item 29. Vice Mayor Dawkins: Under 29, Mr. City Attorney. A. Quinn Jones, III, Esq. (City Attorney): Yes. 113 September 8, 1994 Vice Mayor Dawkins: Now, I was informed that since I may live long enough to be a recipient of this... Mayor Clark: You better abstain. Vice Mayor Dawkins: ... then I may... I abstain. Mr. Jones: Yeah. You, Commissioner, and Commissioner Plummer, will have to abstain in voting on this, because it would inure to your personal benefit. Mayor Clark: All right. Is there a motion on the item? Commissioner Gort: I don't know. We have to think about it. Mayor Clark: Moved and seconded. You have to think about it. Call the roll. Mr. Jones: Before you do that, let me do this. Commissioner Gort: Second. Mayor Clark: Call the roll, Madam Clerk. An Ordinance entitled - AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 40 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PENSION AND RETIREMENT PLANS, DIVISION III, MORE PARTICULARLY AMENDING SECTIONS 40-250 AND 40-255; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner De Yurre and 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. ABSTAINED: Commissioner J.L. Plummer, Jr. Vice Mayor 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. 114 September 8, 1994 ---------------------------------------------------------------------------------------------------------------- 31. FIRST READING ORDINANCE: AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST) -- ADD SECTION 40-247. ----------------------------------------------------------------------------------------------------------------- Mayor Clark: Item Number 20 - 30, rather. Vice Mayor Dawkins: Same thing. Mayor Clark: You have to abstain. Commissioner Gort: Thirty, I want it explained to me. Mayor Clark: Thirty? A. Quinn Jones, III, Esq. (City Attorney): Yes. Let me read the ordinance. Mayor Clark: All right. Call the roll, Madam Clerk. An Ordinance entitled - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AMENDING ARTICLE IV OF CHAPTER 40, ENTITLED, "PENSION AND RETIREMENT PLANS, DIVISION 2, CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY ADDING A NEW SECTION 40-247; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE FOR SECTION 40-247 ON SEPTEMBER 30, 1996. was introduced by Commissioner De Yurre and 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 Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Vice Mayor 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. 115 September 8, 1994 ---------------------------------------------------------------------------------------------------------------- 32. FIRST READING ORDINANCE: AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST) -- ADD SECTION 40-220 AND SUBSECTION 40-212(H)(3). ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Thirty-one. All right. Commissioner Plummer: Move it. Mayor Clark: Is there a second? Call the roll, Madam Clerk. An Ordinance entitled - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 A NEW SECTION 40-220 RIND A NEW SUBSECTION 40-212(H)(3); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR EFFECTIVE DATES UPON ADOPTION AS TO SECTION 40-212(H)(3) AND AN EFFECTIVE DATE FOR SECTION 40-220 ON SEPTEMBER 30, 1996. was introduced by Commissioner Plummer and 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 J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins 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. 116 September 8, 1994 ---------------------------------------------------------------------------------------------------------------- 33. AUTHORIZE CITY MANAGER TO NEGOTIATE RESTRUCTURING OF A $117,000 LOAN FROM THE CITY OF MIAMI TO THE SMALL BUSINESS OPPORTUNITY CENTER. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Thirty-two. Commissioner Plummer: Why are we restructuring this loan? Mr. Pablo Perez -Cisneros: Commissioner, this... We are restructuring the loan because this is the CAMACOL Building, and they had some difficulties in the last two years, and they came to us after Hurricane Andresw and told us... Commissioner Plummer: You think it's fair? Mr. Perez -Cisneros: Yes, sir. I think it's very fair. Commissioner Plummer: I move it. Mayor Clark: Is there a motion? It's been seconded by Mr. Gort. Call the roll, Madam Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-648 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE RESTRUCTURING OF A $117,000 LOAN FROM THE CITY OF MIAMI TO THE SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC"), EVIDENCED BY A LOAN AGREEMENT BETWEEN THE CITY AND THE SBOC, DATED APRIL 1, 1988; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LOAN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: ABSENT: None. None. 111FA W ---------------------------------------------------------------------------------------------------------------- 34. (A) EXECUTE AGREEMENT WITH NORA SWAN ($25,000, PLUS $5,000 OUT-OF-POCKET EXPENSES) FOR PROFESSIONAL SERVICES FOR PROMOTING THE FILM, TELEVISION AND RECORDING INDUSTRIES FOR ONE YEAR COMMENCING SEPTEMBER 1, 1994. (B) EXECUTE AGREEMENT WITH ANDRES VARGAS-GOMEZ, CONSULTANT ($36,000) FOR ONE YEAR COMMENCING OCTOBER 1, 1994 -- FOR PROMOTIONAL SERVICES IN CONNECTION WITH PRE AND POST "SUMMIT OF THE AMERICAS 1994" EVENTS. Mayor Clark: Item 33. Vice Mayor Dawkins: I move it with discussion. Commissioner Plummer: Second it with discussion. Mayor Clark: All right. Vice Mayor Dawkins: Every year, we have two contracts that come before us, and only one of them gets discussed and jerked around, and what have you. That is the contract of Nora Swan and the contract of Mr. Andres Vargas -Gomez. OK? Now, let me read to you from the record. Resolution 92-773 - that's in the year '92 - a resolution with attachment authorizing the City Manager to execute an agreement in substantially the attached form with Andres Vargas -Gomez, consultant, to perform the services of international protocol specialist for the period of October 1, 1992 through September 30, 1993,.in the amount of thirty-six thousand dollars. That's passed. That's '92. Let me go to '93. All right, '93. Executive agreement with Andres Vargas -Gomez, consultant, to perform the services of international protocol specialist, October 1, '93, September 30, '94, subject to the International Trade Board's approval. Now, we come to '94. Authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney with Andres Vargas -Gomez, consultant, in the amount of thirty-six thousand dollars - same amount of money each year - and for the period October 1, '94 through September 30, '95, for promotional services to be performed in behalf of the City of Miami, and particularly in connection with pre - and past -Summit of the Americas 1994 events. Now, each year, this is passed without an argument. And Nora Swan has to come down here, he buffered, beat around, and what have you. Now, it can't be age, because they're about the same age. So it has to be gender, because she's female and he's a male. So I would ask that both of these be approved or none of them, neither one of them be approved. Mayor Clark: So moved. Second? Commissioner Plummer: Well, now, hold on, Mr. Mayor. Commissioner Gort: Mr. Mayor, are they going to put us up to date on this? Commissioner Plummer: What? Commissioner Gort: No, no, go ahead. 118 September 8, 1994 Commissioner Plummer: No, I... I would hope that this position, which is a very important position to this community, be put under PIO (Public Information Office). I don't think that this has any bearing... Mr. Cesar Odio (City Manager): Which one? Commissioner Plummer: Nora Swan's position with the film. Mr. Odio: Well, I've been working ... Commissioner Plummer: ... of being in Housing Development Bureau. Mr. Odio: I have no problem in being in... I want the Film Office to be over here. Commissioner Plummer: That's it, that's it, but under the PIO. Who's head of PIO. Mr. Odio: Under the Film Office I will create. Vice Mayor Dawkins: As long as she gets a check to go to Publix each pay period, I couldn't care where you house her. Mr. Odio: That's all she wants. Commissioner Plummer: Who is in charge of PIO? Mr. Odio: Vivian Pombo. Vivian Pombo. Commissioner Plummer: OK. Mayor Clark: All right. Please, now, one at a time, because this is so... Commissioner Plummer: All right. Mr. Odio: Vivian Pombo. Commissioner Plummer: My problem, Mr. Mayor - and I don't want to go into detail, but I will if I have to... Vice Mayor Dawkins: Well, please do. Mr. Odio: Just approve it. Commissioner Plummer: The expenses that are incurred by her are approved by who? Mr. Odio: By the department head. Commissioner Plummer: OK. I want you to remind that department head that one thing in particular I'm going to be looking at, and you better remember, is public relations. I'll say no more. You know damn well what I mean. Mr. Odio: OK. Look, Tony Pajares is the department head there and... Commissioner Plummer: OK. I'll say no more. I'll say no more. But let me just have a full understanding. 119 September 8, 1994 j Vice Mayor Dawkins: Call the roll, Mr. Mayor. Mayor Clark: What's it run in the past? Commissioner Plummer: Hey, listen. Mayor Clark: All right. Commissioner Plummer: I've covered it. I've covered it. Mayor Clark: Motion and a second. Mr. Odio: Yes, sir. You're dealing with two items, Mr. Mayor, CA-26 and 33. Mayor Clark: Yeah. OK. A. Quinn Jones, III, Esq. (City Attorney): It's a separate vote. Commissioner Plummer: Twenty-six? Commissioner Gort: Yeah. Commissioner Plummer: Oh, OK. Vice Mayor Dawkins: CA-26 and 33, yes. j Commissioner Plummer: Yeah, well, he said he joined them together. Vice Mayor Dawkins: Move them both. Commissioner Plummer: He joined them together. They... Mr. Jones: Separate votes. Mayor Clark: Cast a unanimous ballot, Madam Clerk, if there's no exception. Vice Mayor Dawkins: On both of them. Count a separation motion on both of them. Mayor Clark: Second? Vice Mayor Dawkins: Yes, sir, on the second one. Commissioner Plummer: Yeah, second. Mayor Clark: Unanimous ballot. i 120 September 8, 1994 i. The following resolutions were introduced by Vice Mayor Dawkins, who moved their adoption: RESOLUTION NO. 94-649 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NORA SWAN, AN INDIVIDUAL, IN AN AMOUNT NOT TO EXCEED $25,000 PLUS OUT-OF-POCKET EXPENSES NOT TO EXCEED $5,000, FOR PROFESSIONAL SERVICES FOR A ONE-YEAR PERIOD COMMENCING SEPTEMBER 1, 1994; ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1994-95 BUDGETED FUNDS OF THE DIVISION OF DEVELOPMENT, DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 94-650 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ANDRES VARGAS-GOMEZ, CONSULTANT, IN THE AMOUNT OF $36,000 AND FOR THE PERIOD COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, FOR PROMOTIONAL SERVICES TO BE PERFORMED ON BEHALF OF THE CITY OF MIAMI AND PARTICULARLY IN CONNECTION WITH PRE AND POST "SUMMIT OF THE AMERICAS 1994" EVENTS; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921002-270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolutions were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort NAYS: ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark None. None. September 8, 1994 I --------------------------------------------------- -- -- 35. RESCIND RESOLUTION 94-587, WHEREBY THE CITY COMMISSION ACCEPTED THE PROPOSAL SUBMITTED BY VIRGINIA KEY MARINE GROUP. INC. FOR THE UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BOATYARD PROPERTY (3501 RICKENBACKER CAUSEWAY), SAID ACCEPTANCE CONTINGENT UPON APPROVAL OF SAID PROPOSAL BY THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 34. Mr. Cesar Odio (City Manager): This is rescinding the RFP (Request for Proposals), unified development project. Commissioner Plummer: We have no choice. I move it. Vice Mayor Dawkins: On 34, what are you moving, J.L.? Mayor Clark: It's all right. Cast a unanimous ballot. Commissioner Plummer: The Virginia Key Marina, 34 and 35. You got to do it. Vice Mayor Dawkins: All right. Second. Unanimous. Go ahead. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-651 A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 94-587, ADOPTED JULY 26, 1994 WHEREBY THE CITY COMMISSION ACCEPTED THE PROPOSAL SUBMITTED BY VIRGINIA KEY MARINE GROUP, INC. FOR THE UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BOATYARD PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, SAID ACCEPTANCE CONTINGENT UPON APPROVAL OF SAID PROPOSAL BY THE ELECTORATE OF THE CITY OF MIAMI AT A SPECIAL MUNICIPAL ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 36. DISCUSSION CONCERNING PROPOSED RESOLUTION TO RESCIND RESOLUTION 94-588, WHEREBY THE CITY COMMISSION CALLED A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1994, FOR THE PURPOSE OF SUBMITTING TO QUALIFIED ELECTORS FOR THEIR APPROVAL / DISAPPROVAL THE CITY ENTERING INTO LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. (PROPOSED LESSEE) TO OPERATE A BOATYARD, RESTAURANT AND MARINE - RELATED RETAIL FACILITY ON CITY -OWNED WATERFRONT PROPERTY ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON SOUTHERLY SHORELINE OF MARINE STADIUM BASIN (VIRGINIA KEY BOATYARD PROPERTY). [Note: This item was later properly passed and adopted -- see Resolution 94-657 -- See label 41.] --------------------------------- ------------------------------------------------------------------------- Vice Mayor Dawkins: Thirty-five, move it. Commissioner Plummer: Second. Mayor Clark: Cast a unanimous... Mr. Manuel Gonzalez-Goenaga: Could I have an explanation on why this was withdrawn and all of that? Mayor Clark: Because it was not properly advertised. OK? Mr. Gonzalez-Goenaga: Oh. Mayor Clark: Oh. Oh. Mr. Gonzalez-Goenaga: I'm not surprised. Mayor Clark: You got your answer, "Oh, oh." END OF DISCUSSION -- NO ACTION TAKEN (See Label 41) ------------------------------------------------------------------`--------------------------------------------- 37. (A) AUTHORIZE CITY MANAGER TO INVITE JIM McMASTER TO JOIN CITY ADMINISTRATION STAFF ON ITS NEXT TRIP TO NEW YORK, AT THE CITY'S EXPENSE, WHEN THERE IS DISCUSSION WITH THE CITY'S BOND UNDERWRITERS CONCERNING THE PRESENT CITY BOND RATING. (B) AMEND RESOLUTION 94-576 WHICH AUTHORIZED AND PROVIDED FOR ISSUANCE OF $18,000,000 SPECIAL NON -AD VALOREM REVENUE BONDS, SERIES 1994, TO FINANCE FUNDING OF A SELF INSURANCE CLAIMS RESERVE FUND OF THE CITY -- DELEGATING THE MAYOR OR THE CITY MANAGER THE AUTHORITY TO AWARD A NEGOTIATED SALE OF THE BONDS TO WILLIAM R. HOUGH & CO., REPRESENTING THE UNDERWRITING GROUP; ETC. (C) APPROVE APPOINTMENT OF SQUIRES, SANDERS & DEMPSEY AS BOND COUNSEL IN CONNECTION WITH ISSUANCE OF $25,000,000 CITY OF MIAMI TAX ANTICIPATION NOTES, SERIES 1994. Mayor Clark: All right. Item number 36. Mr. Cesar Odio (City Manager): This is just amending the... You issued... We already have permission to... on the eighteen million dollar bond issue. Would you explain, Carlos, briefly. Mr. Carlos Garcia: Yes. Mr. Mayor and Commissioners, we needed... the bond counsel advised that we need to clarify some terms in the resolution that was approved by this City Commission in the last meeting, and that's why we have item 36 in front of you. There are just some minor technical changes that need to be made. Mayor Clark: All right. Mr. Garcia: It doesn't change any of the terms and conditions of the original reso. Mayor Clark: All right. Is there a motion on the item? Motion by... Mr. Jim McMaster: Excuse me, Mr. Mayor, I'd like to make a quick comment on this issue. Mayor Clark: All right. Mr. McMaster: I've been listening to these meetings for years, and I know J.L. has been pointing out for years the financial status of the City, and I know we have a bond issue going out today. What I'm concerned with is that this Commission, in the last year and -a -half, has issued sixty - well, ninety-three million dollars in different kinds of bonds and paper, thirty million of which is paid back in the one year through tax anticipated notes, which leaves sixty-three million dollars; 6/29/93, twenty million dollars, Florida League of Cities; 9/7/93, five million dollars, community disaster loan from FEMA (Federal Emergency Management Agency); 9/27/93, five million dollars for its municipal loan counselor, which was DOSP (Department of Off -Street Parking) money which went to the City; 9/27/93, thirtv million dollars in tax -anticipated nc)te.- 12/17/94, fifteen million dollars, Sunshine State Governmental Financing Commission; 7/26/94, this eighteen million dollars. I'm just concerned. The City is awash in debt. I mean, you know, how are we funding all of this? 124 September 8, 1994 Mayor Clark: Noway. Mr. Odio: If you read your tax bill, you will see your millage went down, sir. The debt service of the City is going down. Mr. McMaster: I'm not talking about the millage, sir. Mr. Odio: No, I am talking about the millage. Mr. McMaster: During the budget this afternoon, I will bring... I've got the County budget. It lists the municipalities in Dade County, and the majority of them have no debt at all. Mayor Clark: Well, that doesn't make any difference. Mr. Odio: We have the lowest debt ratio of any large City in the country. Commissioner Plummer: Well, wait. You're talking about two different things. Mayor Clark: Yeah, way off, way off. Commissioner Plummer: You're talking... You know who the pain in the side is, but you're talking about two things. One is bond indebtedness, OK? And the other is ad valorem. Ad valorem, we cannot be in debt, just for your information. We all are removed if we end in a deficit. Some people would love that. OK? Mayor Clark: There's no deficit spending in this State. Mr. McMaster: Right. Commissioner Plummer: But as far as debt service is concerned, that is a different ball game. Now, let me tell you the reality. The reality is at this particular time, this City's got to go out for a hell of a lot more bonds. And that's why I have been cautious to say that we have two million coming in the County, we got more coming in the City, the School Board raising eighty. Now, that's my statement, is why you see so many homes for sale. But you're talking about two separate deals. Mr. Master: Well, no, I do understand they are two separate deals, but they still have to be paid. Mayor Clark: Well, sure, they got to be paid. Commissioner Plummer: Ha-ha. Mr. McMaster: And, you know, fifty-one percent of our revenues come from ad valorem taxes, government, the State share is going down. Everything seems to be dissolving, you know. Commissioner Plummer: This has nothing to do with ad valorem. Mayor Clark: Sir, these bond issues were voted on by the public. Mr. McMaster: Oh, no, these are not. 125 September 8, 1994 i Commissioner Plummer: No sir. Not... Mr. McMaster: There are two different - there are several different kinds. I... Commissioner Plummer: Mr. Mayor... Mayor Clark: What? What, revenue issues? Commissioner Plummer: Mr. Mayor, not all bond issues. Mr. McMaster: No, no. All of the... Mayor Clark: I said general obligation bond issues are voted on by the public. Commissioner Plummer: Oh, GO (General Obligation), yes. Mr. McMaster: Right, but. No, sir, the ones I just read, none of these are approved by the public. They're a different kind of bond. Commissioner Plummer: Yeah. Mr. McMaster: And I'm just concerned that the tax -anticipated notes, I don't know if we're floating thirty million of those again this year. - Vice Mayor Dawkins: Yes. Mr. McMaster: Well, when you... Apparently, it's not... It's a question, is it legal or isn't it legal? Can you... Mr. Odio: They are paid for every year. I don't... I thought you were a zoning expert, but now... Mr. McMaster: I'm switching. I'm a chameleon. Mr. Odio: ... we need to sit down with you and explain to you finances also. But... Mr. McMaster: Yeah. I need to learn. I'm... Mr. Odio: Yeah. I think before this afternoon, maybe Carlos Garcia can sit down with you. Mr. McMaster: But I do think the thirty million dollars went to the pension fund and... Mayor Clark: Listen, why don't you talk one at a time? How in the hell do you think we understand two people talking at the same time? Mr. McMaster: Yes, sir. Mayor Clark: Be courteous. Mr. Odio: I will tell you we meet with New York twice a year, and that the debt ratio that the City has, the City of Miami has, is one of the best in the country. So you need to get information. Mr. McMaster: Well, I can assure you, I will be speaking with the Finance Director in the future. Thank you very much. Vice Mayor Dawkins: I'm going to make a motion. Commissioner Plummer: Well, listen. Just... Vice Mayor Dawkins: Wait a minute, I'm going to make a motion. Commissioner Plummer: Let me clarify on this one, Vice Mayor Dawkins: Wait a minute, J.L. J.L., wait a minute, wait a minute. Mr. Manuel Gonzalez-Goenaga: Excuse me. Commissioner Plummer: Go ahead. Vice Mayor Dawkins: I make a motion... Mr. Gonzalez-Goenaga: Excuse me. Vice Mayor Dawkins: ... that when the City of Miami goes to Washington - I mean to New j York to discuss bond rating, that they invite Mr. Tim (sic) McMaster to accompany them. Commissioner Plummer: At City expense. Vice Mayor Dawkins: At City expense. Commissioner Plummer: I second the motion. Mr. Gonzalez-Goenaga: Excuse me. Commissioner Plummer: I've never been. Vice Mayor Dawkins: Call the roll. Call the roll. Mr. Gonzalez-Goenaga: I am Mr. Manuel Gonzalez-Goenaga and I'm... I will be... I would like... Commissioner Plummer: No, we're going to send you somewhere, but not New York. Ha -ha- ha. Mr. Gonzalez-Goenaga: No, no, no. Let me tell you, I pay for my own expenses, because I am a "contrarian" (sic), but I am a man who speak the truth, the truth, and nothing but the truth. So I might be wrong many times; for you guys, a hundred percent of the times. But... Commissioner Plummer: You express your opinion. Mayor Clark: Twenty seconds. Mr. Gonzalez-Goenaga: Twenty seconds. What are the uses? I know that the problem here is that according to the financial statements of the City of Miami, there are sixty million dollars in the... on claims unpaid. And what are the uses of these bonds? Commissioner Plummer: Claims on what? 127 i Mr. Gonzalez-Goenaga: To pay negligence, police brutality, basically. Commissioner Plummer: No. Mr. Gonzalez-Goenaga: Am I right or wrong? Commissioner Plummer: No. Mr. Gonzalez-Goenaga: Please, the truth... j Mayor Clark: You're either right, or you're wrong. Thank you for your presentation. Mr. Gonzalez-Goenaga: No, no, I would like to know, because the citizens have a right to know what is this issue of eighteen million dollars are going to be used for. And we, I think that we have, and we pay him handsomely, a financial advisor to the City of Miami, and I think that he is the proper person, Mr. Howard Gary, who should be present here - lie gets very well paid by the citizens - to answer the legal and valid questions from us. I think this is a mockery, and I don't think that you are acting properly. Thank you very much. Mayor Clark: OK. You're finished. Commissioner Plummer: I have a question, Mr. Mayor. How was William R. Hough, not a local company, chosen to be the underwriters? Mr. Garcia: Commissioner, as you recall, this transaction is being done through the Florida League of Cities, and the Florida... Commissioner Plummer: Is this the same issue? Mr. Garcia: Yes, sir, it's the same issue. Commissioner Plummer: Who, whoa, whoa! The issue was thirty million before the Florida League of Cities. Mr. Garcia: And then it came down to eighteen million dollars. Your last resolution was for eighteen million dollars, and it's still at eighteen million dollars. Commissioner Plummer: Oh. Well, then we had no choice on the selection. Mr. Garcia: Yes, sir. That's right. Commissioner Plummer: OK. That's what I wanted to know. Mayor Clark: Motion and a second. Cast a unanimous ballot for whatever we're voting on, more or less. September 8, 1994 The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 94-652 A MOTION AUTHORIZING THE CITY MANAGER TO INVITE JIM McMASTER TO JOIN DESIGNATED CITY STAFF AT CITY'S EXPENSE ON ITS NEXT TRIP TO NEW YORK FOR PURPOSES OF DISCUSSING THE CITY'S BOND RATING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Commissioner Plummer: Yeah. Mr. Jones: Mr. Mayor. Mayor Clark: Yes, sir. Mr. Jones: If I might, you had previously, the Commission had previously authorized us to go out and solicit bids on the issuance of twenty-five million in tax TANS (tax anticipation notes), and - if we could - and I've been advised by Finance that they really wanted to get you to select counsel today so that they can move forward and lock in the rates. We had six responses. The lowest, of course, was from Adorno and Zeder, George Knox and Dave Kaplan, who were previously Kubicki and Draper, at a fee of $9,999, and expenses of two thousand. However, the firm of Adorno and Zeder is not on the Commission's list of qualified firms to do bond work that you approved almost two and -a -half years ago. That being the case, then the next, the actual lowest would Squire, Sanders. Ken... Vice Mayor Dawkins: That's who you recommend? Mr. Jones: ... Ken Myers, ten thousand and two thousand. Vice Mayor Dawkins: That's... Well... Mr. Jones: No, I just wanted to... I just wanted to bring to your attention, Commissioner Dawkins. Vice Mayor Dawkins: Don't bring... See, that's how we... Just argue with the Manager. Mr. Jones: OK. Vice Mayor Dawkins: You bring us people who are not qualified, and you get me to discussing them. For what? 129 September 8, 1994 Mr. Jones: Commissioner, I... Vice Mayor Dawkins: If he doesn't meet the requirements, Mr. City Attorney, don't bring him. Mr. Jones: Yeah. And the only reason I brought it to your attention, Commissioner Dawkins, is because they did write a letter to your attention, pointing out that to you. Vice Mayor Dawkins: Well, did I ask you to respond to it? Mr. Jones: No, no. Vice Mayor Dawkins: Well, I'm not interested. Mr. Jones: OK. Vice Mayor Dawkins: OK. But now, another thing. Mr. Jones: Yes. Vice Mayor Dawkins: Say it for the record, so Mr. McMaster, and others in the audience, and the viewing audience understand what "TANS" are. Mr. Odio: Tax anticipation notes. Vice Mayor Dawkins: Beg your pardon? Mr. Odio: Tax anticipation notes. Vice Mayor Dawkins: OK. That's the same thing he just said we keep selling over, and over, and over. Mr. Odio: It is not a debt. What happens is, the cash flow of the City of Miami is very slow during the first few months while you're paying taxes. We don't... Our heaviest cash flow comes in after the end of December. You have a... So from October through December, you have a shortage of cash flow, which is dollars coming in to pay. Vice Mayor Dawkins: And each year, the shortage increases. Mr. Odio: No, we do not... Vice Mayor Dawkins: We sell more bonds each year. Mr. Odio: And they are paid for during the year. Vice Mayor Dawkins: OK. All right. And we have a savings, which I never see. Commissioner Plummer: Well, you also better be aware, McManus (sic) that none of the stuff that you're looking at today, if these two bond issues pass is in this obligation. The additional fifty-six million that this City is going to need for paying off claims against liability is not included in this. OK? Now, that's just the City. The problem that I have, overall, if we were just the City, if we were the only one taxing, that's one thing. You got the County going out with a two billion dollar issue, you got the School Board going out with a hundred and seventy- six million dollar issue. 130 September 8, 1994 Vice Mayor Dawkins: And the State got two pennies. Commissioner Plummer: And they're going up eight... thing... And they're going... The bond issue... I didn't even know... Mr. Mayor, did you know that the County, today, on the ballot has bond issues, today'? Mayor Clark: Half a billion. Commissioner Plummer: They got two of them. One is a half a billion. One is a half a billion. I mean, it's getting really, really, really. Mayor Clark: Well, it "beats a raft out in the ocean," so let's go. Commissioner Plummer: Well. Mr.Odio: Thirty-seven. Mr. Jones: We need to take a vote, Mr. Mayor. ' Commissioner Plummer: Thirty-seven. Mr. Jones: No. Would you take a vote on this, please? Commissioner Plummer: On which one? Mayor Clark: Call the one? Mr. Jones: It would be Squire, Sanders, with ten thousand dollars in fees and... Commissioner Plummer: Why were they... Mayor Clark: Yeah. Motion and a second. Cast a unanimous ballot. Commissioner Plummer: No, no, no, whoa, whoa, whoa! Why was Squire, Sanders chosen? Are they next on the list? Mr. Jones: They were lowest, yes. Commissioner Plummer: Thank you. Mayor Clark: He said that earlier, if you would have been listening. Commissioner Plummer: Well, I didn't hear him, sir. I'm sorry. fVice Mayor Dawkins: Yes, sir, yes. OK. Yes, he did. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-653 A RESOLUTION AMENDING RESOLUTION NO. 94-576 (THE "ORIGINAL RESOLUTION") DULY ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, ON JULY 26, 1994, AND ENTITLED: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $18,000,000 SPECIAL NON -AD VALOREM REVENUE BONDS, SERIES 1994, OF THE CITY FOR THE PURPOSE OF FINANCING THE FUNDING OF A SELF INSURANCE CLAIMS RESERVE FUND OF THE CITY; PROVIDING FOR THE PAYMENT OF THE BONDS FROM NON -AD VALOREM REVENUES AVAILABLE TO THE CITY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE MAYOR OR THE CITY MANAGER THE AUTHORITY TO AWARD A NEGOTIATED SALE OF THE BONDS TO WILLIAM R. HOUGH & CO., AS REPRESENTATIVE OF THE UNDERWRITING GROUP AND APPROVING THE CONDITIONS AND CRITERIA OF SUCH SALE; ACCEPTING A COMMITMENT FROM THE BOND INSURER FOR A MUNICIPAL BOND INSURANCE POLICY TO INSURE TIIE BONDS; ACCEPTING A COMMITMENT FROM FINANCIAL GUARANTY INSURANCE COMPANY FOR A RESERVE FUND INSURANCE POLICY FOR THE 1994 RESERVE ACCOUNT; APPROVING THE FORM AND AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DISTRIBUTION OF A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; PROVIDING AN EFFECTIVE DATE; AND PROVIDING CERTAIN OTHER DETAILS," THEREBY AMENDING SECTION 2.01, 6.03 AND 9.01 OF THE ORIGINAL RESOLUTION AS MORE FULLY OUTLINED HEREIN BELOW. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. 132 September 8, 1994 r W ---------------------------------------------------------------------------------------------------------------- 38. AUTHORIZE PURCHASE OF ONE CREW CAB PICKUP TRUCK (UNDER EXISTING BID NO. 92-93-104) -- FROM WHITE GMC OF PALM BEACH -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $19,040.45. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right, the next item. What is it 38? Commissioner Plummer: Thirty-seven, Mr. Cesar Odio (City Manager): Thirty-seven, sir. Mayor Clark: Thirty-seven. Commissioner Plummer: Thirty-seven, isn't it? I move 37. Mayor Clark: Second. Cast a... Vice Mayor Dawkins: OK. Under... OK. Under... Go ahead. I'll... Ask for the vote. Cast a unanimous vote. Mayor Clark: Yeah. Cast a unanimous vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-654 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) CREW CAB PICKUP TRUCK, UNDER EXISTING BID NO. 92-93-104, FROM WHITE GMC OF PALM BEACH AT A PROPOSED AMOUNT OF $19,040.45 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM THE FY' 94 RECYCLING AND EDUCATION GRANT, PROJECT NO. 197006, ACCOUNT CODE NO. 421304- 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.) 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. 133 September 8, 1994 W Vice Mayor Dawkins: Why is it we started buying Mack trucks, and now, we're going back to buying a white GMC. Why didn't we buy another Mack? Mr. Odio: No, no, sir. This is... This is a small truck. This is to pull... Vice Mayor Dawkins: Oh, OK then. All right, no problem. Mr. Odio: This is to pull the... Vice Mayor Dawkins: No problem. That's the answer. Thank you. Mr. Odio: OK. ---------------------------------------------- --------------------------------------------- --------------------- 39. CLASSIFY TWO CITY OF MIAMI POLICE PATROL SPECIFICATION CARS AS CATEGORY "A" SURPLUS STOCK, SHOULD THEY BECOME AVAILABLE -- WHEN AVAILABLE, VEHICLES TO BE DONATED TO "ALL POLICE CHARITIES" TO BE USED BY THEM TO REPRESENT THE CITY AT THE ANNUAL POLICE CHARITY DEMO DERBY AND STOCK CAR SHIELD RACE. Mayor Clark: Thirty-eight. Vice Mayor Dawkins: Move it. Mayor Clark: Thirty-eight. Commissioner Plummer: Who is All Police Charities? Vice Mayor Dawkins: Mr.... What's the name of the president of the... Al Cotera's fund. Commissioner Plummer: Who is it? Lt. Joseph Longueira: It's made up of representatives from law enforcement agencies that put on these... Commissioner Plummer: And what do they do? And what are they doing with the surplus cars? Vice Mayor Dawkins: They said they were going to take the surplus funds and add... Lt. Longueira: They do the stock car races, and they raise money. Vice Mayor Dawkins: ... and add it to the fund that you have to make rewards to apprehend criminals. That's what they said. Where were you when they said that, Mr. Plummer? Commissioner Plummer: How many of these cars are you going to be requiring, and how many are available? Lt. Longueira: I believe it's two we're asking for. Commissioner Plummer: Two? Two cars only, fine. No problem. Thank you, Mr. Mayor. I move it. 134 September 8, 1994 1 Mayor Clark: Motion and a second by the two speakers. { Vice Mayor Dawkins: Unanimous. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-655 A RESOLUTION CLASSIFYING TWO (2) CITY OF MIAMI POLICE PATROL SPECIFICATION CARS AS CATEGORY "AllSURPLUS, SHOULD SUCH VEHICLES BECOME AVAILABLE; FURTHER STIPULATING THAT, IN SUCH CASE, SAID VEHICLES SHALL BE DONATED TO "ALL POLICE CHARITIES," A NOT -FOR -PROFIT ORGANIZATION, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN JULY 14, 1994 AND JULY 13, 1995, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS; SAID VEHICLES TO BE USED BY "ALL POLICE CHARITIES" TO REPRESENT THE CITY OF MIAMI IN THE ANNUAL. POLICE CHARITY DEMO DERBY AND STOCK CAR } SHIELD RACE. i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted i by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ' ABSENT: None. 40. -ACCEPT BID: TERRATECH, INC. --- FOR REMOVAL -OF DEBRIS AND TRIMMING OF HAZARDOUS TREE LIMBS AT VIRGINIA KEY BEACH FOR DEPARTMENT OF PARKS AND RECREATION -- ALLOCATE $333,983.60. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item Number 39. l S A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Vice Mayor Dawkins: I move that this be deferred. Commissioner Plummer: OK. The only question I have... 135 September 8, 1994 1 mayor cuiartc: wait a minute. Just a moment. Mr. Cesar Odio (City Manager): I need to put this on the record. Mayor Clark: Yes, we're going to lose our money. Mr. Odio: If we don't award this bid today, we will lose three hundred and thirty-three thousand dollars. Vice Mayor Dawkins: You know, every time you come before me, and I complain because black - I feel - that black contractors did not get a fair share of the monies, you always come with the last item, with a little bit of money, and you tell... Now, you never tell me up front, when you got all of the money, that if we don't do this, we're going to lose this money. It's always the last pot of money. Then I look like a bad fellow, but I don't mind being a bad fellow, but the rest of the Commissioners don't want to be a bad fellow. I feel that I don't care if you lose this, because I've been telling, you ever since Hurricane Andrew hit, that black contractors were not moving enough of this material and making money, and nobody heard me. Ms. Judy Carter: Yes, sir... Vice Mayor Dawkins: No, I... Mr. Manager, I don't want to hear from her. I want to hear from you. Mr. Odio: Well, I think we have given out fair amounts of contracts to black contractors. Vice Mayor Dawkins: I have no problem with that. Mr. Odio: This is... Let me... If I may, this is a black female contractor, black and female. Mayor Clark: Now, now what happened? Mr. Odio: No? Ms. Carter: This was set aside, sir, for black and females. Mr. Odio: And females. And this is a female. Ms. Carter: The lowest bidder, unfortunately, was not a black vendor. Vice Mayor Dawkins: All right. I will pass this with the understanding that you bring the black female to see me, and I can see that she is black. Ms. Carter: Not, that is in... Mr. Odio: No, let me explain. Ms. Carter: No, no, sir. Please. Mr. Odio: This was... Vice Mayor Dawkins: OK. Well, OK. All right. See? Ms. Carter: Please, allow me to speak. 136 September 8, 1994 �w i Vice Mayor Dawkins: Let... See, Mr. Manager, that's why I need to talk with you. Commissioner Plummer: I got a bigger problem than that. Vice Mayor Dawkins: See, you work with me... Mr. Odio: This is a black, slash... Mayor Clark: Please, now, please. One at a time. Mr. Odio: This is a black, slash, female set aside. Ms. Carter: Yes, sir. i Mr. Odio: We are awarding to the female. Ms. Carter: Because they were the lowest bidder. Mayor Clark: OK. Well, wait a minute. i Vice Mayor Dawkins: I move that it be deferred. Commissioner Plummer: Whoa, whoa, whoa. Let's... Mayor Clark: Listen. Let me tell you something right now, all of my colleagues. I'm not going to stand this any longer. People are watching this thing on television. We're making a damn fool out of ourselves by hollering back and forth, and back and forth, and I'm not going to stand it. I'll cancel the damn meeting! Commissioner Plummer: Mr. Mayor. Mayor Clark: Now, you have the floor. Commissioner Plummer: Thank you, sir. The lowest bidder... And what I'm concerned about is what you're recommending as the bid be awarded to a company called Terratech for three hundred and thirty-four thousand dollars. I am concerned that there was another bid for two hundred... Vice Mayor Dawkins: Thirty-nine, Mr. Plummer. Commissioner Plummer: Two hundred and thirty... No, no, no. Hold on. Two hundred and thirty-six thousand dollars cheaper. Now, we... It's my understanding that this Commission has the right to take the lowest and - and - most responsible bid. Ms. Carter: Absolutely. Commissioner Plummer: My question to you is, is the bid of ninety-eight thousand, as opposed j to three hundred and thirty-four thousand, a responsible bid? Did they meet the requirements that were put forth in the bidding procedure, yes or no? Ms. Carter: I have no... I have no knowledge of that bid. That bid was not received, because that bid was late. 137 September 8, 1994 Commissioner Plummer: I understand that. I said that from the beginning. Ms. Carter: Therefore, I have not reviewed that. Commissioner Plummer: The question... Ms. Carter: It is nonresponsive, sir. Commissioner Plummer: Excuse me. For the time... Mayor Clark: One at a time, please. Commissioner Plummer: For the time, it is nonresponsive, but is it a... What I'm trying to get at is, why are we paying two hundred and thirty-six thousand dollars more, if this was, in fact, met the specs? I'm not talking about the time. Because I'm going to tell you something. If that met the specs, I'm going to throw it all out. Cesar, whether it comes from Federal or whether it comes from here, it's tax money. Mr. Odio: The thing is, Commissioner... Commissioner Plummer: Excuse me. Mr. Odio: ... if they were not in time with their bid, they are not responsive. We cannot consider them at all. Commissioner Plummer: Mr. Manager, nobody around here absolutely defends the integrity of the bidding procedure, all right? i Mr. Odio: You would be altering that integrity. Commissioner Plummer: No, sir. I'm throwing it out and starting anew. Mr. Odio: You would lose FEMA (Federal Emergency Management Agency) funding. All right. Fine. Commissioner Plummer: Sir, I am not going to be accused of wasting two hundred and thirty- six thousand dollars of tax money, and that's what you're doing. Mr. Odio: Well, what I will do is this, that somebody is going to pay to clean up this debris and this mess, and it will be the City of Miami with general fund monies. Commissioner Plummer: How long have you known, Mr. Manager, that these bids were coming down, that we'd come to a day that we've got "to fish or cut bait" on today, or we're bad guys? How long ago was this approved by FEMA? Chief Frank Rollason: Yesterday at a meeting that I had with FEMA, they informed me of some new changes that they've had, and this particular issue was one that they wanted to know what the resolution was going to be. Commissioner Plummer: And FEMA, you're saying to me, that if they found out that you are going to pay $334,000 for a job that could be done at $98,000, they're going to tell you to go ahead and do it? Chief Rollason: Here's the position they took... 138 September 8, 1994 Commissioner Plummer: Just answer my question. Chief Rollason: I'll tell you exactly, that this conversation took place exactly yesterday with the people from FEMA to DFO (Disaster Field Office). We took out the bid packages to them through our bidding procedure. They examined the bid packages. They concurred with the low bidder being disqualified. They went to the second bidder. They wrote the DSR (Damage Survey Report) to the exact dollar amount of the second bid, and they asked me yesterday, "Is the Commission going to award this bid?" I said... Commissioner Plummer: Chief... Chief Rollason: Commissioner, let me give you the whole picture of what we're looking at. I explained to them that the Commission can do whatever the Commission wants to do. I said, "Chances are that they are going to award this bid," but, I said, "There's no given until they take a vote." They explained to me, "Look, here's the position we're in. You are way past the time for emergency work. If the Commission decides to throw this out again tomorrow" - and this is our third bid on this project - "If the Commission..." Commissioner Plummer: We threw it out? Mr.Odio: Yes. Chief Rollason: "...If the Commission decides to throw this out, they're sending a signal to FEMA that this is not an emergency, and therefore, it does not qualify for emergency funding." They also said to me that if the Commission awards this bid, and the work is not completed by November 30th, that, "We are not going to pay for work under this contract past November 30th." So even though you award it for the three -thirty, whatever, "If the people do not accomplish the work by November 30th, whatever work is done up to that point, we'll pay. After that point, we're not going to pay." Commissioner Plummer: My question is, did they see the bid from National Waste? Chief Rollason: They did not, because it is not part of the package. Commissioner Plummer: OK. OK. What I'm saying is, I can't envision that FEMA, who are supposed to be responsible, who are now, got their proverbial on fire because of some of the decisions they have made, can sit there and tell you to spend two hundred and thirty-six thousand dollars more money, if this bid met the requirements. Chief Rollason: But... Commissioner Plummer: Something, Chief... Mayor Clark: They saw the other bid, though, J.L. They said it was a nonresponsive bid. Chief Rollason: That's right. They went along. They didn't award to the low bidder of two hundred and something. Commissioner Plummer: What I'm saying is that if the job could be done for that amount of money - and I don't know that it can - I have to question, and I'm sure FEMA should question that these bids are totally out of character. Now, you know, if you come back and you tell me that you look at the ninety-eight thousand and that doesn't meet the requirements, then I have no argument. But two hundred and thirty-six thousand dollars difference, I'm telling you... 139 September 8, 1994 Mr. Jorge Noya: Hello. Can I... Can I say something, please? Commissioner Gort: Mr. Mayor. Mr. Noya: My name is Jorge Noya, from Terratech. And the day of the... the bid went public, it was advertised in the newspapers, we had only three bidders at the time, and I came in second. The first bidder was disqualified, and I never saw any other bidders of the three that were present at that day. Commissioner Plummer: Why was the one disqualified? Mr. Noya: I... You know, it was closed envelope. I mean... Ms. Carter: No, no, no. No. The first... Yeah, let's get straight here in terms of who we're dealing with. First of all, as it relates to this ninety-eight thousand dollars bid, we never received that, Commissioner Plummer. It was late. When it is late, we do not look at it. It never came to us from the City Clerk's Office. The particular low bid that this gentleman is speaking of is one that we did receive. However, that first low bidder, and the only lowest bidder that I'm speaking of, was deemed nonresponsive because those blacks and/or females that participated in that project were not certified. Therefore, I deemed then nonresponsive, because they did not meet the minority participation requirements of this bid. Commissioner Plummer: Look, what I'm saying to you, and what I've been handed here, if it's true numbers, the same job, there is a discrepancy of right at four hundred thousand dollars. And between that other bid of ninety-eight and the three -thirty-four, is two hundred and thirty-six thousand. I'm going to tell you that if I find out that the other bid is a realistic, fair bid - I'm not going to say that it's anything else - fair, and FEMA does not look at that bid and see the difference, then I'm going to ask about FEMA. Chief Rollason: Commissioner Plummer... Commissioner Gort: Mr. Mayor. Commissioner Plummer: That's all I got to say. I got nothing else to say. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I'd like to ask you a question, because when I look through the agenda, I've seen that a lot of times when we're looking at the bids for the project, the department has a... Mayor Clark: An estimate. Commissioner Plummer: Yeah. Commissioner Gort: An estimate at what it's going to cost. What's the estimate for this, the cost of this? Because the guy, J.L., he can come back and say fifty thousand dollars, but is it reasonable? So what is the estimate of doing this job, and what has been the past history of this? Ms. Diane Johnson: We dealt with FEMA for a long time. We had placed the estimate for this job in the area of three hundred thousand dollars. Mayor Clark: All right. Is there a motion on this item? 140 September 8, 1994 Commissioner Gort: I move for approval. Mayor Clark: Is there a second? Commissioner De Yurre: Second. Mayor Clark: Call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-656 A RESOLUTION ACCEPTING THE BID OF TERRATECH, INC. FOR THE REMOVAL OF DEBRIS AND TRIMMING OF HAZARDOUS TREE LIMBS AT VIRGINIA KEY BEACH FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED AMOUNT OF $333,983.60 ALLOCATING FUNDS FROM HURRICANE RECOVERY FUND, PROJECT NO. 058527, ACCOUNT CODE NO. 588627-340, 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 De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Mayor Stephen P. Clark NAYS: Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins ABSENT: None. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:08 P.M. AND RECONVENED AT 3:35 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER DE YURRE, FOUND TO BE PRESENT. i i 141 September 8, 1994 f ------------------------------------------------------------------`--------------------------------------------- ...,... 41. (Continued) RESCIND RESOLUTION 94-588, WHEREBY THE CITY COMMISSION CALLED FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1994, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE THE QUESTION OF THE CITY ENTERING INTO A LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. TO OPERATE A BOATYARD, RESTAURANT, AND MARINE -RELATED RETAIL FACILITY ON CITY -OWNED WATERFRONT PROPERTY ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN (VIRGINIA KEY BOATYARD PROPERTY). [Note: At this point, the roll was officially called on this issue, full discussion of which can be found under label 36.] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: We have a quorum present. Item 35 did not have a roll call. Could we have a roll call now? Commissioner Plummer? Thirty-five? Mayor Clark: Yeah. You moved it and... Miller moved it and you seconded it. Call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-657 A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 94-588, ADOPTED JULY 26, 1994 WHEREBY THE CITY COMMISSION CALLED AND PROVIDED FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1994, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL OF THE CITY ENTERING INTO A LEASE AGREEMENT WITH VIRGINIA KEY MARINE GROUP, INC. (THE "PROPOSED LESSEE") TO OPERATE A BOATYARD RESTAURANT, AND MARINE -RELATED RETAIL, FACILITY ON CITY -OWNED WATERFRONT PROPERTY OF APPROXIMATELY 5.41 ACRES LOCATED ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE MARINE STADIUM BASIN, MIAMI, FLORIDA, MORE COMMONLY KNOWN AS THE "VIRGINIA KEY BOATYARD PROPERTY," FOR A TERM OF 20 YEARS, SUBJECT TO THE CITY'S RECEIPT OF MINIMUM RENT TOTALING $5,720,000 OVER SAID TERM, AND THE PROPOSED LESSEE MAKING CAPITAL AND EQUIPMENT INVESTMENTS OF $3,566,943, AND SUBJECT TO SUCH ADDITIONAL REQUIREMENTS, IF ANY, AS MAY BE DETERMINED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 142 September 8, 1994 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. i ABSENT: Commissioner Victor De Yurre Commissioner Plummer: Thirty-four and 35 were the same, basically. Mayor Clark: Yeah. I A. Quinn Jones, III, Esq. (City Attorney): Yeah. Mr. Mayor. ---------------------------------------------------------------------------------------------------------------- 42. (Continued) EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: POLICE HIRING SUPPLEMENT -- ACCEPT GRANT OF $1,950,000 FROM U.S. DEPARTMENT OF JUSTICE -- EXECUTE NECESSARY DOCUMENTS. [Note: At this point, the City Attorney merely read the ordinance by title into the - public record prior to official adoption. Full discussion on the herein item may be found in label 27.] ----------- ---------------------------------------------------------------------------------------------------- Mayor Clark: Number 26. A. Quinn Jones, III, Esq. (City Attorney): Yes. I'm going to read it. Mayor Clark: Needs to be read into the record. Commissioner Plummer: Twenty-six? Mr. Jones: I'm going to read the ordinance. Commissioner Plummer: I move it, Mr. Mayor. Mayor Clark: Second. Call the roll. i r i l i f C 143 September 8, 1994 } e An Ordinance entitled - AN EMERGENCY ORDINANCE, ESTABLISHING INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "POLICE HIRING SUPPLEMENT," ACCEPTING A GRANT IN THE AMOUNT OF $1,9.50,000 FROM THE U.S. DEPARTMENT OF JUSTICE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11175. 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. 144 43. ACCEPT BID: G. FAMILY ENTERPRISE, INC. -- FOR REMOVAL OF SOIL STORED AT VIRGINIA KEY YARD WASTE FACILITY FOR TRANSPORTATION TO MELREESE GOLF COURSE -- FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $298,568.50 (TO BE REIMBURSED BY FEMA FROM DSR 35023). ---------------------------------------------------------------------------------------------------------------- I Commissioner Plummer: I move 41. Did we miss 40? Hold on. OK, I move 40. Mayor Clark: Forty. Commissioner Plummer: I thought we'd done that. Mayor Clark: Second on that. Call the roll. Commissioner Plummer: I knew we did 39. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-658 A RESOLUTION ACCEPTING THE BID OF G. FAMILY ENTERPRISE, INC. FOR THE REMOVAL OF SOIL STORED AT THE VIRGINIA KEY YARD WASTE FACILITY FOR TRANSPORT TO MELREESE GOLF COURSE FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT A TOTAL PROPOSED COST OF $298,568.50; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 422417 TO BE REIMBURSED BY FEMA FROM DSR 35023, 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 Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre ti 145 September 8, 1994 W ---------------------------------------------------------------------------------------------------------------- 44. AUTHORIZE FUNDING OF THE KIDS OFF STREETS PROGRAM -- ALLOCATE $15,000 FROM LAW ENFORCEMENT TRUST FUND (LETF). ------------------..--------------------------------------------------------------------------------------------- Commissioner Plummer: Move 41. Mayor Clark: Forty-one. Resolution, Kids off Streets Program. Commissioner Plummer: Is that the One Art? Unidentified Speaker: Yeah, it is. Commissioner Plummer: OK. Commissioner Gort: Second. Commissioner Plummer: With the assurance, Mr. Mayor, that that's going for programs and not brick and mortar, I vote yes. Mayor Clark: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-659 A RESOLUTION AUTHORIZING THE SUPPORT OF THE KIDS OFF STREETS PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $15,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Mayor Clark: Forty-two has been withdrawn. Commissioner Plummer: Withdrawn. ADDITIONAL FUNDS FROM LAW ENFORCEMENT TRUST FUND [LETF]) -- FOR CONTINUATION OF THE FORFEITURE FUND DETAIL -- ALLOCATE ADDITIONAL $430,000 FROM LETF TO CONTINUE ACTIVITIES OF SAID FORFEITURE FUND DETAIL. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Forty-three, I move it. Wait, wait, wait a minute, wait a minute. Yeah, but is that... Those monies have not been allocated? Mr. Cesar Odio (City Manager): No. Commissioner Plummer: And it will have... Every one of the allocations will have to come before this Commission. I move it, Mr. Mayor, or second it. Mayor Clark: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-660 A RESOLUTION AMENDING SECTION 5, RESOLUTION NO. 86-665, ADOPTED SEPTEMBER 11, 1986, AS AMENDED, RELATING TO THE ALLOCATION OF ADDITIONAL FUNDS FROM THE LAW ENFORCEMENT TRUST FUND FOR THE CONTINUATION OF THE FORFEITURE FUND DETAIL, THEREBY ALLOCATING AN ADDITIONAL AMOUNT OF $430,000 FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND TO CONTINUE THE ACTIVITIES OF SAID FORFEITURE FUND DETAIL, UPON SUCH COSTS AND EXPENSES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH THE FLORIDA STATE STATUTE 932.7055. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 147 September 8, 1994 t i ---------------------------------------------------------------------------------------------------------------- ; 46. (A) DISCUSSION AND WITHDRAWAL OF PROPOSED RESOLUTION TO ACCEPT BID OF ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 5 (SECOND BIDDING) B-4558 (CIP 34.1175). (B) DISCUSSION AND WITHDRAWAL OF PROPOSED RESOLUTION TO ACCEPT BID OF ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 12 B-4.576 (CIP 341175). (C) DISCUSSION AND WITHDRAWAL OF PROPOSED RESOLUTION TO ACCEPT BID OF ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 10 B-4572 (CIP 341.175). Mayor Clark: Forty-five has been withdrawn. Commissioner Plummer: It's been withdrawn? Mayor Clark: Forty-four has. Forty-five has been withdrawn, also. Commissioner Plummer: May I ask why it was withdrawn? Mr. Jim Kay: We're having some difficulty verifying primary office location for people who have asked for local preference, and we're in the process of straightening that out. Commissioner Plummer: OK. Let me... I've made Mr. Lee aware that I'm receiving, because there... One of the areas they're working in is my area. OK? And I want to tell you that we've been getting some complaints, and I spoke to the owner of the company yesterday. Some of the complaints are that the work that they're doing is not coming out smooth, and Dr. Fitzgerald, in particular, showed me where they did it very roughshod over there. Another complaint came from Lenny - what's the hell is Lenny's name? - next to where Ferre used to live. They tore up his sprinkler system. OK? They were over in Bay Heights, at 111 Shore Drive. I gave that to you, and they're refusing to do anything there. It might be legitimate, but I'm telling you, these are complaints that have been received. I gave them to the owner of the company yesterday. He promised he would look into them. So I'm asking you do the same. Vice Mayor Dawkins: What area is phase five? Mr. Kay: Commissioner, I don't... I don't have phase five down. Vice Mayor Dawkins: Why? It's 45. Mr. Kay: Forty-five, 46 and 47 have been withdrawn. Vice Mayor Dawkins: What areas are they supposed to be done in when we put them back on the agenda? Mr. Kay: Commissioner, I'll have to get that information for you on those three. Vice Mayor Dawkins: All right. 148 September .8, 1994 Mr. Kay: The other two, we want... Vice Mayor Dawkins: Please provide me with a detailed map of area five - project phase five, phase 12-13, phase 10-13, and phase 11, phase 9-B. Let me know. Give me a detailed map of where they are, please. Mr. Kay: Yes, sir. Commissioner Plummer: Miller, is that 48 and 49? Vice Mayor Dawkins: Forty-eight, 49, 47 and 46. Commissioner Plummer: So you want to defer those? Vice Mayor Dawkins: No. I think... No, they've been... Some of them were... Some of them... Mr. Lee: Forty-eight and 49 are ready. Commissioner Plummer: Forty-eight and 49 are not withdrawn. Mr. Cesar Odio (City Manager): For instance, Commissioner... Mayor Clark: Please, now, please. Mr. Odio: For your information, if you'd look at the packet, on the first page, for instance, it says the project consists of removal at Northwest 46th Street, northern City limits to Interstate 95 on Northeast 2nd Avenue. That's the first phase... 11 or 2? Is that 2? I guess it's 11. They are described... That's what we have here on item 48, for instance. Vice Mayor Dawkins: Forty-eight? Hold on. Mr. Odio: It's northwest... Vice Mayor Dawkins: Well, you didn't get to 48 yet, right? Mr. Odio: Oh. Vice Mayor Dawkins: What did you defer? Mr. Odio: OK. We're deferring 48, also. Mr. Kay: No, no, no. Mr. Odio: No? Mr. Kay: Forty-five... Mr. Odio: OK. On fif... For instance, 47 is Northwest 54th Street to Northwest 36th Street to Interstate 95 on the western City limits. So it's that area between 54th Street to Northwest 36th Street. Vice Mayor Dawkins: What... what... which... Mayor Clark: West, west of the expressway? 149 September 8, 1994 Mr. Odio: Exactly. Vice Mayor Dawkins: What is that? What number is that? y Mr. Odio: That's phase 10. Vice Mayor Dawkins: What number on the agenda? Mr. Odio: Forty-seven. Vice Mayor Dawkins: and you're going to do from the... Mayor Clark: Further. Vice Mayor Dawkins: ... from 36th Street... Mr. Odio: To 54th Street, sir. From I-95... Vice Mayor Dawkins: To the City limits. Mr. Kay: That is correct. Mr. Odio: To the City limits. Vice Mayor Dawkins: And you're going to repair all of that for a quarter of a million dollars. Mr. Odio: Yes, sir, two hundred and seventy-five thousand. And then we have on 46, goes from Northeast 36th Street to the northern City... Vice Mayor Dawkins: Defer these, Mr. Manager, till the next meeting. I mean, you have to have this? Mr. Odio: No, no, we're withdrawing them because... Vice Mayor Dawkins: Well, I said... OK. Well, we'll withdraw all of them, and then we can sit down. Mr. Odio: OK. Vice Mayor Dawkins: Because there ain't no way in the world you can do all that needs to be done in that area for a quarter of a million dollars. Mr. Odio: No, it's the name... The contractors are saying they're locals, and we can verify that. Vice Mayor Dawkins: OK. Well, they're local and I'm local, so we... [END OF DISCUSSION -- ITEMS WITHDRAWN] 150 W ---------------------------------------------------------------------------------------------------------------- 47. (A) DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BID OF BANNERMAN LANDSCAPING, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 11 B-457.5 (CIP 341175). (B) DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BID OF LEWIS GREEN CONSTRUCTION, INC. -- FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 9 B-4571 (CIP 341175). --------------------------------------------------------------------------------------------------------------- Mayor Clark: What about 48? Mr. Walderman Lee (Assistant City Manager): Forty-eight, we're requesting approval of this contract, Mr. Mayor. Vice Mayor Dawkins: Forty-eight? Mr. Lee: Yes, sir. Commissioner Gort: Mr. Mayor. Vice Mayor Dawkins: What section is that? Mr. Lee: That's approximately a hundred and fifty thousand square feet of sidewalk in the area bordered by Northwest 46th Street to the northern City limits, Interstate 95, and Northeast 2nd Avenue. I believe that's the Model City area. Vice Mayor Dawkins: Mr. Manager, we have money left, or money available for the placing of sidewalks and gutters. We do have some money in that fund, don't we? Mr. Lee: No, sir. These monies are coming from... Vice Mayor Dawkins: See, see? I did not ask you where this money was coming from. I did not ask you that. Mayor Clark: Do you have money in that fund? Vice Mayor Dawkins: We do have money left in sidewalk gutter funds. Mr. Lee: We have nothing. These are impact fee monies, gentlemen. Vice Mayor Dawkins: OK. Mr. Lee: We have no GO (general obligation) bond money left. Vice Mayor Dawkins: Mr. Wally Lee. Mr. Lee: Yes, sir. Mr. Odio: Just tell him we need to know how much money... 151 September 8, 1994 t Y Vice Mayor Dawkins: When you and I sat down to discuss citizens' complaints that up around the Northwestern High School, in that little part in there that belongs to us, we did not have any storm sewers, and there were no drainage, and at that time, we found some money that was available. What happened to it? Mr. Lee: That was storm water utility fund money. Vice Mayor Dawkins: Sir? Mr. Lee: Storm water utility fund money. Vice Mayor Dawkins: Storm sewer, and utility. Mr. Lee: Yes, sir. Vice Mayor Dawkins: They still do not have, in this area that you're just talking about, they don't have storm sewers and drainage. So why can't we combine, Mr. Manager, why can't we combine, since we got a little money for storm sewers and drainage, why don't we combine the project within the storm sewers and drainage and sidewalks, and be through with it? Commissioner Gort: It makes sense. Mr. Odio: That makes sense. We need to look at that, and we'll come back. Commissioner Gort: Makes a lot of sense. Mr. Odio: It makes sense. Commissioner Plummer: Yeah, fine. Vice Mayor Dawkins: That's all I'm asking, Mr.. Manager. Mr. Odio: Yes, sir. Commissioner Plummer: Do it all at one time. Mayor Clark: Did we defer 48, then, too? Commissioner Plummer: Forty-eight and 49. OK. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I've got a question. I'd like to find out what's the procedure that you use to determine where to go, and what are the priorities. How do you prioritize the sidewalks to be done, and so on? Mr. Lee: We inspect them. Commissioner Gort: Well, I don't need it now. Mr. Lee: OK, 152 September 8, 1994 Mr. Lee: OK. Commissioner Gort: And then I don't know where you guys got the addresses, but I've checked in my package. I don't have any information where the sidewalks are going to go. Mr. Odio: It's in the second page in this fact sheet, in the second page, right in here. Commissioner Gort: OK. "Okie-doke." [AT THIS POINT, ITEMS 48 AND 49 WERE DEFERRED.] ---------------------------------------------------------------------------------------------------------------- 48. ACCEPT BID: M. VILA & ASSOCIATES, INC. ($1,531,135, TOTAL BID) FOR LAWRENCE STORM SEWER RETROFITTING PROJECT PHASE II B- 5608 -- ALLOCATE FUNDS FROM CIP 352202 -- EXECUTE CONTRACT. --------------------------------------------------------------------------------------------------------------- Mayor Clark: Can we work on item 50 now? Storm sewer retrofitting, phase 2. Commissioner Plummer: Move it. Mr. Cesar Odio (City Manager): How about 49? Forty-nine, you want to... Commissioner Plummer: No. They withdrew that, also. Mayor Clark: Holdup 49. Commissioner Plummer: I move 50. Mayor Clark: Is there a second? Seconded. Any discussion? Call the roll. September 8, 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-661 A RESOLUTION ACCEPTING THE BID OF M. VILLA & ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $1,531,135.00, TOTAL BID OF THE PROPOSAL, FOR "LAWRENCE STORM SEWER RETROFITTING PROJECT PHASE II B-5608"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 352202 AS APPROPRIATED BY THE 1993-94 CAPITAL IMPROVEMENT ORDINANCE NO. 1.1139, AS AMENDED, IN THE AMOUNT OF $1,531,135.00 TO COVER THE CONTRACT COST AND $168,865.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $1,700,000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort NAYS: ABSENT: Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark None. Commissioner Victor De Yurre ---------------------------------------------------------------------------------------------------------------- 49. AUTHORIZE / PERMIT MIAMI-DADE COMMUNITY COLLEGE (MDCC) TO CONSTRUCT / MAINTAIN A PEDESTRIAN OVERPASS AND WALKWAY OVER AND ACROSS N.W. 10 AVENUE (BOB HOPE ROAD) SOUTH OF N.W. 20 STREET BETWEEN EXISTING MEYERS HALL BUILDING AND PROPOSED PHASE III BUILDING OF MEYERS HALL BUILDING, WITH CONDITIONS. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move 51. Mayor Clark: Fifty-one. Pedestrian overpass and walkway at Northwest 10th Avenue, Bob Hope Road. Vice Mayor Dawkins: Second. Mayor Clark: Cast a unanimous ballot. There's no exception. Commissioner Plummer: Good-bye. 154 September 8, 1994 L] The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-662 A RESOLUTION AUTHORIZING AND PERMITTING MIAMI-DADE COMMUNITY COLLEGE (MDCC.), TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS AND WALKWAY OVER AND ACROSS NORTHWEST 10TH AVENUE (BOB HOPE ROAD), APPROXIMATELY 200 FEET SOUTH OF NORTHWEST 20TH STREET BETWEEN THE EXISTING MEYERS HALL BUILDING AND THE PROPOSED PHASE III BUILDING OF THE MEYERS HALL BUILDING WITH A MINIMUM CLEARANCE OF 16.5 FEET ABOVE THE SURFACE OF NORTHWEST 1 OTH AVENUE (BOB HOPE ROAD), CONDITIONED UPON MDCC EXECUTING A COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING THAT: (1) MDCC SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF MIAMI AND (2) THERE SHALL BE A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS AND WALKWAY UPON FAILURE OF MDCC TO MAINTAIN SAID OVERPASS AND WALKWAY: FURTHER PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE OVERPASS AND WALKWAY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre ---------------------------------------------------------------------------------------------------------------- 50. APPOINT ILEANA HERNANDEZ AS A REGULAR MEMBER OF THE ZONING BOARD. Mayor Clark: Fifty-two. Commissioner Plummer: Mr. Mayor, that does it, doesn't it? Fifty-two... Commissioner Gort? Fifty-two, I... Commissioner Plummer: Oh, 52. Commissioner Gort: I move it. Commissioner Plummer: Who, the name? 155 September 8, 1994 Commissioner Gort: Ileana Hernandez. Commissioner Plummer: I second it. Mayor Clark: Who's the appointment, Willy? Commissioner Gort: It's my appointment. Mayor Clark: Who is it? Commissioner Gort: Ileana Hernandez. Commissioner Plummer: Item 52. Commissioner Gort: Item 52. Mayor Clark: OK. Vice Mayor Dawkins: Whose appointment is it? Commissioner Plummer: Willy's. Vice Mayor Dawkins: OK. Who do you appoint? Commissioner Gort: Ileana Hernandez. Vice Mayor Dawkins: He seconded it? Commissioner Plummer: Yes. Mayor Clark: No exception. Cast a unanimous ballot. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-663 A RESOLUTION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE ZONING BOARD OF THE CITY OF MIAMI, FLORIDA, TO SERVE A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 156 September 8, 1994 Mayor Clark: Fifty-three. F; Commissioner Plummer: We can't do that until five o'clock, Mr. Mayor. Vice Mayor Dawkins: We can't have 53 till five o'clock, Mr. Mayor. P Commissioner Plummer: Can we bring up some pockets? } Mayor Clark: I have a pocket right here. Mr. Cesar Odio (City Manager): You can do 55, Mr. Mayor. Mayor Clark: Fifty-five? For what? Vice Mayor Dawkins: Let's go to 55, Mr. Mayor. Commissioner Plummer: What is 55? Now, 55, I would ask that, that be deferred at this at this time, Mr. Mayor. Vice Mayor Dawkins: Second. Commissioner Plummer: Till the next meeting. Mayor Clark: What? The... Commissioner Plummer: Sports Authority. r Mayor Clark: Till the next meeting? Commissioner Plummer: Yes, sir. Mayor Clark: It will have to be done before you have the... Commissioner Plummer: Yes, sir, they can do it, because under their provisions, they provide on the same budget they are operating on without any changes. Mayor Clark: All right. With no exception, cast a unanimous ballot. NDTE- t this point, consideration o e Miami Sports and Exhibition Authority FY 1994-95 Administrative Budget was deferred to the next City Commission meeting (9/22/94). 157 September 8, 1994 ---------------------------------------------------------------------------------------------------------------- 51. APPROVE DEPARTMENT OF OFF-STREET PARKING ANNUAL BUDGET FOR FY OCTOBER 1, 1994 - SEPTEMBER 30, 1995. Mayor Clark: Fifty-six, Off -Street Parking budget. Commissioner Plummer: Can we do that? Mr. Cesar Odio (City Manager): Yes. Commissioner Plummer: Move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-664 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995, AS MORE PARTICULARLY SET FORTH AND ATTACHED HERETO, IN THE AMOUNT OF $7,519,956, TO PROVIDE FOR THE OPERATION OF THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, EXCLUDING DEPRECIATION AND OTHER NON -OPERATING EXPENSES OF $1,872,327. (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 158 September 8, 1994 --------------------------------------------------------------------------------- ------------------------------ 52. DEPARTMENT OF OFF-STREET PARKING BUDGET FOR OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING FOR FY OCTOBER 1, 1994 - SEPTEMBER 30,1995. ------------------------------------ --------------------------------------------------------------------------- Mayor Clark: Item 57. Commissioner Plummer: Move it. Mayor Clark: Is there a second? Commissioner Plummer: Mr. Mayor, I think that it should be announced, if any members of the public... Do they have to be less? Not the five-o-five. OK. I'm sorry. Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. Commissioner Plummer: That's it. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-665 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995, AS MORE PARTICULARLY SET FORTH AND ATTACHED HERETO, IN THE AMOUNT OF $1,752,023, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION OF THE 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 Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Commissioner Plummer: So we got 53, 54. Commissioner Gort: What happened to DDA (Downtown Development Authority)? 40 September 8, 1994 Commissioner Plummer: I don't know where DDA is. Commissioner Gort: Where's the DDA budget? A. Quinn Jones, III, Esq. (City Attorney): DDA... Commissioner Plummer: Oh, it's an "A". Mr. Jones: It will be after five. Commissioner Plummer: Yeah, 54-A, Vice Mayor Dawkins: Fifty -four -A? Commissioner Plummer: Yeah. It's on the back of the page. That's a... Vice Mayor Dawkins: I don't even... What unit is that? I don't even know what unit that is. Where does it come from? Commissioner Plummer: DDA? Vice Mayor Dawkins: Yeah. Commissioner Plummer: That's that high priced organization downtown. Commissioner Gort: It used to be, before J.L. got a hold of it. Vice Mayor Dawkins: You move it, Mr. Chairperson? Commissioner Plummer: No, you can't till five-o-five. Commissioner Gort: You have to wait till five o'clock. Vice Mayor Dawkins: OK. Mayor Clark: All right. ---------------------------------------------------------------------------------------------------------------- 53. ACCEPT DONATION OF MISCELLANEOUS SUPPLIES FROM CORPORATE AND INDIVIDUAL DONORS TO BE DISTRIBUTED TO CUBAN AND HAITIAN REFUGEES AT KROME DETENTION CENTER AND THE U.S. NAVAL BASE, GUANTANAMO, CUBA, AS PART OF THE CITY'S REFUGEE RELIEF EFFORT. Commissioner Plummer: You got a pocket, Mr. Mayor? Mayor Clark: Yes, sir. This is a resolution accepting the donation of miscellaneous supplies from corporate and individual donors to be distributed on an equitable basis to refugees at the Krome Detention Center and the United States Naval base in Guantanamo, Cuba. It's for the Cubans and for the Haitians, as part of the City's refugee relief effort, authorizing the Manager to execute the necessary documents in a form acceptable to the City Attorney for this purpose. 160 September 8, 1994 f Commissioner Plummer: Second the motion. Mayor Clark: OK. All in favor, signify by saying "aye." Commission Collectively: "Aye." Mayor Clark: Opposed, like sign. So ordered. The following resolution was introduced by Mayor Clark, who moved its adoption: j RESOLUTION NO. 94-666 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION OF MISCELLANEOUS SUPPLIES FROM CORPORATE AND INDIVIDUAL DONORS TO BE DISTRIBUTED ON AN EQUITABLE BASIS TO CUBAN AND HAITIAN REFUGEES AT KROME DETENTION CENTER AND THE ! UNITED STATES NAVAL BASE IN GUANTANAMO, CUBA, AS PART OF THE CITY OF MIAMI'S REFUGEE RELIEF EFFORT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. {{{� ABSENT: Commissioner Victor De Yurre Mayor Clark: Cesar, can you give us an update on what we have received so far? Mr. Cesar Odio (City Manager): Kind of been... I know we received one donation along from Greyhound over a hundred thousand dollars in merchandise, and the others have been... Avon was another company that... Mayor Clark: Two hundred thousand. Mr. Odio: I'm going from memory. But I would have to get a list. We may be able to get a list out from the back room. 161 September 8, 1994 r Mayor Clark: I mean we got maybe... Commissioner Plummer: Yeah. I'm going to bring mine up. I need you here, Mr. Odio: It's been constantly coming in. Mayor Clark: ... ten thousand pairs of shoes. Mr. Odio: Ten thousand pairs of shoes. And now we... Mayor Clark: And the ladies down there, the ladies went down there, and they used their own money and went out to K-Mart or somewhere and bought I don't know how many pairs of ladies' underwear. Mr. Odio: Panties. That was Monday. Commissioner Plummer: Yeah, but that was half off. Mayor Clark: No, that was... They did that on their own, too. Mr. Odio: Ninety-nine cents apiece. Commissioner Plummer: Half off. Mayor Clark: Half off, yeah. ---------------------------------------------------------------------------------------------------------------- 54. ALLOCATE $15,000 TO THE LATIN CHAMBER OF COMMERCE (CAMACOL) IN SUPPORT OF A MURAL TO BE PAINTED TO COMMEMORATE THE UPCOMING "SUMMIT OF THE AMERICAS." ---------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: You got another pocket, Mr. Mayor? Mayor Clark: Yeah. I got five about five pockets here. Vice Mayor Dawkins: OK. Well, give me one of them. Mayor Clark: All right. Go ahead. Vice Mayor Dawkins: OK. Thank you. Mr. Sabines. The Latin Chamber of Commerce came to me before to do a mural to commemorate the... Mayor Clark: This is beautiful. Vice Mayor Dawkins: ... the... And so since they didn't... they're not come... What you need? How much? Unidentified Speaker: Fifteen thousand. Commissioner Plummer: Oh, wait a minute. Big money. 162 September 8, 1994 Vice Mayor Dawkins: Seventy-five thousand? Commissioner Plummer: How much? Unidentified Speaker: It's a big amount but... Commissioner Plummer: I'll get the three kids with the spray can. i Vice Mayor Dawkins: I would so... Mr. Manager, can we find... Mayor Clark: We can find that. Commissioner Gort: Carlos might be able to do it. Mr. Cesar Odio (City Manager): Next year's budget. Mayor Clark: Spell my name right. i Commissioner Plummer: Carlos who? (INAUDIBLE COMMENTS NOT INCLUDED IN THE PUBLIC RECORD) Commissioner Plummer: Miller, did you move it? Vice Mayor Dawkins: Yes. M Commissioner Plummer: I second. Vice Mayor Dawkins: OK. Mr. Manager, you will perhaps have to fund this from somewhere, borrow the money, and then we get it out of the next year's budget, because today is budget time. Mr. Odio: You want the money now? Vice Mayor Dawkins: Yes. Can you handle that? I mean, we don't want to put you in a bind. Mayor Clark: Appropriation of fifteen thousand dollars offered by Mr. Plummer, seconded by Mr. Dawkins. Call the roll. 163 September 8, 1994 The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-667 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AN ACCOUNTS TO THE LATIN CHAMBER OF COMMERCE ("CAMACOL"), IN SUPPORT OF A MURAL TO BE ERECTED COMMEMORATING THE UPCOMING SUMMIT OF THE AMERICAS; CONDITIONING SAID ALLOCATION UPON COMPLIANCE WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Unidentified Speaker: Thank you, Mayor. Thank you, Commissioners. Commissioner Plummer: We've come full circle. ---------------------------------------------------------------------------------------------------------------- 55. INSTRUCT ADMINISTRATION TO PUBLICLY DISPLAY THE NAMES OF INDIVIDUALS CONVICTED OF SELLING / BUYING DRUGS, ON NET CHANNEL 9. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, I have two pockets. Mayor Clark: All right. Commissioner Plummer: Mr. Mayor, we have seen what has happened with the program on Channel 9, in reference to the publishing of the names of the people who have been convicted in the prostitution. I approached Carlos and asked if that program has been successful, why aren't we doing the same thing in a little bit of embarrassment for the people who are arrested and convicted for buying or selling drugs? He has checked with the City Attorney. There is absolutely no reason that we can't, and Dade County will provide us the list of those, as they do in the prostitution cases, and I would like to move that we start a program, as they do right now on Channel 9, in reference to the prostitution, that they start one to publish the names of those convicted for selling drugs. 164 September 8, 1994 Mayor Clark: Excellent. Second the motion. Commissioner Plummer: And I will move that at this time. Mayor Clark: Second the motion. All in favor, signify by saying "aye." (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Commissioner Plummer: What? Selling or buying, yes. i Mayor Clark: All opposed? Commissioner Gort: And convicted. t Commissioner Plummer: Of course, convicted, absolutely. OK? Mayor Clark: Cast a unanimous ballot. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-668 A MOTION INSTRUCTING THE ADMINISTRATION TO PUBLICLY DISPLAY THE NAMES OF INDIVIDUALS CONVICTED OF SELLING AND/OR BUYING DRUGS, ON NET CHANNEL 9. Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre i 165 September 8, 1994 t } i ---------------------------------------------------------------------------------------------------------------- . 56. ALLOCATE $50,000 FROM LAW ENFORCEMENT TRUST FUND (LETF) TO BOYS' CLUB OF SOUTHWEST MIAMI FOR A PROJECT TO PROVIDE UNIFORMS AND EQUIPMENT FOR CARVER SCHOOL, TO BE ADMINISTERED THROUGH THE BOYS' CLUB AND WEST GROVE NET I OFFICE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayer, I would like to at this time ask the indulgence of this Commission. The Boys Club of Southwest Miami, which is probably one of the finest organizations we got going - Willy Gort is an alumni - are starting a project for Carver in West Grove. They don't have uniforms, they don't have equipment. And I would ask, and I have asked the Manager, realizing everything, that if we could put out the fifty thousand dollars which he hopes to get back from Law Enforcement Trust Funds, and I would ask at this time that this Commission approve to get that program off the ground. There's like three hundred kids involved in that program. It would be administered through the regular Boys Club, which is an I established organization, and I would move at this time that the City grant that application. is Vice Mayor Dawkins: I would... I second, and under discussion. 1 i Mayor Clark: Yes, sir. f Vice Mayor Dawkins: I would like for it to be the Boys Club and the NET (Neighborhood s Enhancement Team) operator, Thelma. i Commissioner Plummer: I have no problem with that, sir. Mayor Clark: All right. All in favor of the motion, signify by saying "aye." Commission Collectively: Aye. Mayor Clark: Opposed, like sign. So ordered. i i { i 166 September 8, 1.994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-669 A RESOLUTION AUTHORIZING FUNDING OF THE BOYS AND GIRLS CLUB OF MIAMI'S "POP WARNER FOOTBALL PROGRAM", IN AN MOUNT NOT TO EXCEED $50,000; AND ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921002-930. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 3:54 P.M. AND RECONVENED AT 5:04 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING VICE MAYOR DAWKINS, FOUND TO BE PRESENT. --------------------------------------------------------------------------------------------------------------- 57. BRIEF DISCUSSION ON THE FY 1994-95 MIAMI SPORTS AND EXHIBITION AUTHORITY ADMINISTRATIVE BUDGET -- ITEM DEFERRED TO NEXT MEETING. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: The hour is five o'clock. Mr. Clerk, call the roll. Mr. Joel Maxwell (Assistant City Attorney): Call the roll on what? Commissioner Plummer: Call the roll on what, Mr. Mayor? We're going home, due to the lack of interest today? 167 September 8, 1994 Mayor Clark: You want to move the budget? Commissioner Plummer: Mr. Mayor, I will... We have to go back now, because we were doing things differently than what was on the agenda. Item 50... No. Item 55, 56, and 57, is that the ones? No. Fifty-four, 55, 56, and 57, Mr. Mayor, unfortunately, on this agenda, cannot be heard until six-o-five. (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD) Commissioner Plummer: Excuse me? Well, now who's telling me what, please? Mayor Clark: Is that right or wrong? Commissioner Plummer: Here. See here? It says 6:05 p.m. Mr. Cesar Odio (City Manager): But that is the DDA (Downtown Development Authority). Mr. Maxwell: But that's DDA. Mayor Clark: Five-o-five... Commissioner Plummer: That's DDA only? Mr. Maxwell: The regular budget. Commissioner Plummer: Only? The other items can be heard, 55, 56, and 57? (INAUDIBLE RESPONSE) Commissioner Plummer: OK. If you're telling me that, that's all I want to know. I asked you, Mr. City Attorney. Mr. Mayor, I have been requested, and I will do such, that the Sports Authority Budget be approved on first reading, with the full idea that the areas that I did not wish to go into in long detail today, that we will try to work them out between now and second reading; that if, in fact, it is not worked out by second reading, it will be deferred on the second hearing. I have no problem with that. There are just the areas that I feel that definitely have to be changed, and I've told Mr. Perry that I asked that a meeting be called of the board next week. Mayor Clark: Well, you have a board down there. You work that out with that board. Commissioner Plummer: Yes, sir. And also, just for the record, the City Administration, Mr. Manager, on the record, has requested of MSEA (Miami Sports and Exhibition Authority) for a hundred thousand dollars of reimbursement on security money. And I will be bringing that before the board. Mr. Cesar Odio (City Manager): Well, that's the issue of the police officers doing the games, that we've been doing that for years. And I wanted to see if MSEA had more money than we have, that they could pick up that tab. Commissioner Plummer: All right. Well, that will be on the agenda, Mr. Manager, as another one of the items of concern. Mr. Odio: OK. No, I did request that in writing. 168 September 8, 1994 Commissioner Plummer: Mr. Mayor, I guess... Do we have to reconsider? Mayor Clark: Motion to reconsider. A. Quinn Jones, III, Esq. (City Attorney): Yeah. Commissioner Plummer: I will make a motion to reconsider item number 56. Mayor Clark: Is there a second? Mr. Jones: Fifty-five. Vice Mayor Dawkins: Second. Mr. Jones: Isn't it 55? Commissioner Plummer: Fifty-six... I'm sorry. Fifty-five, Mr. Mayor. I'm sorry. Mr. Jones: And it is a reso. You'd indicated that you would approve it on first reading, but it's a reso, which means if you adopt it today, it's adopted. f Mayor Clark: Motion to reconsider. Commissioner Plummer: W211, wait, wait, wait. Excuse me. Now, what are you saying? Mayor Clark: Relax. Mr. Jones: What I'm saying to you, MSEA's budget is basically a resolution approving the budget of the Miami Sports and Exhibition Authority. Commissioner Plummer: Are you saying to me that we can pass that on the next meeting without any problem? It only takes one reading? Mr. Jones: That's all it is. Commissioner Plummer: Then I'll leave it as it is. That's no problem. There is no second reading, so we just leave it as it is. And I still will come back between the next meeting and hopefully with the help, we will be able to resolve those issues that are issues. Mayor Clark: All right. l Commissioner Plummer: I'll still call the meeting. Thank you, Mr. Mayor. END OF DISCUSSION -- NO ACTION TAKEN F 169 September 8, 1994 k A i ---------------�-------_^--------- 58. (A) DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR THE CITY OF MIAMI (FY 1994-95). (B) PUBLIC HEARING HELD. (C) FIRST READING ORDINANCE: DEFINING / DESIGNATING TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION -- FIXING MILLAGE AND LEVYING TAXES FOR FY BEGINNING OCTOBER 1, 1994 - SEPTEMBER 30, 1995. (D) FIRST READING ORDINANCE: MAKING APPROPRIATIONS CITY OF MIAMI FOR FY ENDING SEPTEMBER 30, 1995. (E) RECONSIDER PRIOR VOTE ON FIRST READING ORDINANCE MAKING APPROPRIATIONS FOR CITY OF MIAMI FY 1994-95 BUDGET. (F) FIRST READING ORDINANCE: MAKING APPROPRIATIONS FOR CITY OF MIAMI FY 1994-95 BUDGET. Mayor Clark: All right. Proceed, Mr. Manager. Mr. Cesar Odio (City Manager): Mr. Mayor, before we proceed, I'd like to, since both you, sir, and Commissioner Gort may not have an opportunity to have met the department heads, I want you to know they're all here, and if you want, they can introduce themselves one at a time, so you get to know who they are. Mayor Clark: All right. Mr. Odio: Before we get to the budget. Commissioner Gort: May I ask a question, Mr. Mayor? Mayor Clark: Yes, sir. Commissioner Gort: What's the procedure that was done in the past? Mr. Manohar Surana: Usually, this item number 53 on the agenda, we follow the procedure for the budget hearing. Commissioner Gort: With the procedure in the budget hearing, do we go into specifics, item by... department by department, or do we just come up with questions in general? Mr. Odio: No, sir. Mr. Surana: No, we don't. We don't. Mr. Odio: No, sir. You can ask any questions you may want, but normally, we do not get into department by department. Commissioner Gort: OK. So thank you. 170 September 8, 1994 NOTE FOR THE RECORD: Commission Dawkins entered the Commission am er at 5: 0 p.m. Mayor Clark: All right. Commissioner Plummer: All right. The first item, what did we do? Mayor Clark: It's to amend the tentative budget, if necessary. Commissioner Plummer: I move it. Mr. Jones: You need to pass the millage first before you get to deal with the budget. Mayor Clark: All right. Give us some instructions here. Mr. Jones: OK. I'll read the ordinance that establishes the millage. Then you... Mr. Mayor, this entire ordinance has to be read into the record, as required by State law. Mayor Clark: Proceed. Commissioner Plummer: Excuse me, Mr. Mayor, before you do that. If the bond issues pass today, does that change the millage? Mr. Odio: No, sir. Mr. Surana: No. Commissioner Plummer: It does not. Thank you. Commissioner De Yurre: Let me ask a question, Mr. Mayor. Does this have to be approved today? Mr. Jones: Millage, yes. Commissioner De Yurre: Why? Mayor Clark: Millage has to be approved today. Mr. Surana: It's the law. Mr. Jones: Put it this way. It has to be adopted by the 18th. OK? Which means... Commissioner De Yurre: By the... Mr. Jones: By the 18th. Am I right? The 18th. That's set by... The time parameters are set by State law. Commissioner Plummer: That's Sunday? Mr. Surana: No, no, no. 171 September 8, 1994 Mr. Jones: It's not the 18th? 22nd? Mr. Surana: We had to follow the procedure... Mr, Jones: I'm talking about the tentative. Mr. Surana: Oh, the tentative. Mr. Jones: The tentative has to be done by the 1.8th. The dates that have been set have been such that they don't coincide with the dates that the County is having their reading of the millage, or the School Board. Then, of course, you have to allow for the provisions for advertising, which says it can't be advertised any less than two, nor any more than five. So those, all those time parameters, if you were to change it or whatever else, you'd have to call a special meeting. Mayor Clark: Well, let's proceed today on this. Read it into the record. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD IN ITS ENTIRETY.] Mayor Clark: Is there a motion? Commissioner Plummer: Move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll. 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, 1994 AND ENDING SEPTEMBER 30, 1995; CONTAINING A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and 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 J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins 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. 172 September 8, 1994 Mayor Clark: Proceed, Mr.... Commissioner Plummer: What's the next item? Mr. Jones: The next item is the budget. Mr. Surana: Budget ordinance, item number "B." Mayor Clark: Do you read this ordinance again? Commissioner Plummer: Move it. Mayor Clark: Is there a second? Vice Mayor Dawkins: Second. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins 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. Commissioner Plummer: Now, just for the record, it is the understanding that at the second hearing, we can reduce it, but we can't up it; is that correct? Mr. Jones: That's correct. Mr. Odio: You can reduce, but not up. Commissioner Plummer: Thank you. Mayor Clark: J.L., you can up it if you win Lotto this week. Commissioner Plummer: Yeah. If I win Lotto this week, Mr. Mayor, I won't be here to worry about it. 173 September 8, 1994 Mayor Clark: All right, proceed, Mr. Attorney. I Mr. Jones: On what? Yeah, is there anyone here who wants to speak on it... Commissioner Plummer: Is there anyone here? Mr. Manuel Gonzalez-Goenaga: I defer to you, Mr.... Mayor Clark: No, you go ahead. Commissioner De Yurre: What are we on now? Commissioner Plummer: Public hearing. Mr. Gonzalez-Goenaga: I think that we're on number 3. Mayor Clark: Give us your name and address. Mr. Gonzalez-Goenaga: My names is Manuel Gonzalez-Goenaga. My address... Commissioner De Yurre: Hold it, hold it a second, please. What item are we on? Commissioner Plummer: Fifty-three. Mayor Clark: On the budget. Mr. Jones: You're still on item 53-13, which is the public hearing, related to the budget. Mr. Gonvilez-Goenaga: Fifty-three-C. Mr. Jones: Fifty-three-C. Mr. Gonzalez-Goenaga: OK. You stand corrected. Commissioner De Yurre: OK. Just for the record, I'm going to be asking to defer this item, 4 because I need more information on it. Commissioner Plummer: Fifty-three-C? Mr. Gonzalez-Goenaga: Yes. Mayor Clark: Fifty-three-B? Commissioner De Yurre: On the budget. Mayor Clark: You're asking us to defer it now? Commissioner De Yurre: Yeah. Mr. Jones: No, it's 53-B. It's part of "B." It's part of the public discussion on the budget. Commissioner Plummer: Expenditures. i Mr. Odio: The citizens' response to the 53-B. 174 September 8, 1994 Commissioner Plummer: Right. Commissioner De Yurre: Well, I'm just stating for the record that I'm going to ask to defer this 1 budget vote at this point. We can hear whoever we want, but I'm just going to do that. ICommissioner Plummer: Of course. i Mayor Clark: Proceed. Go ahead. Mr. Jones: Commissioner, excuse me. You've already vote... You've already passed it on first reading. Commissioner De Yurre: I voted on the maximum millage rate, right? Mr. Jones: No. You voted on both. You voted on the millage, and you also voted on the budget. Commissioner Plummer: Right. Commissioner De Yurre: Well, then, I move to reconsider. Vice Mayor Dawkins: Second. Mayor Clark: What is this now? Commissioner De Yurre: If we're going to play games, we're going to play games. And if we want to be serious, we'll be serious. I vote to reconsider. Commissioner Gort: To reconsider what? The vote? Commissioner Plummer: Yeah. Mr. Jones: Reconsider the vote on the millage or on the budget? Commissioner De Yurre: On the budget. Commissioner Plummer: Well, the millage... Mr. Jones: That would be a motion to reconsider 53-B. Commissioner Plummer: Excuse me. Just for the legal part of it, the millage is already... What he's asking for is the appropriations. Mr. Jones: A reconsideration of the appropriations. Commissioner Plummer: Exactly. But the millage has already complied with the law. . t t Mr. Jones: Yes. Commissioner Plummer: OK. i Commissioner De Yurre: I mean the maximum millage. 175 September 8, 1994 Commissioner Plummer: Yeah. That's already been... That's established. Commissioner De Yurre: We can always reduce millage. Commissioner Plummer: That's correct. And we can always change the appropriations. Commissioner De Yurre: Yeah. Mayor Clark: All right. What are we doing now? Let's do something. Let's get off center field. You got a motion and a second to reconsider. Mr. Walter Foeman (Assistant City Clerk): Yes. Commissioner Plummer: To reconsider the appropriations. Mayor Clark: Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 94-670 A MOTION TO RECONSIDER PRIOR VOTE ON ADOPTION OF FIRST READING ORDINANCE (AGENDA ITEM 53-B) (AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995). (Note for the Record: Immediately thereafter, said item was passed and adopted on first reading, following lengthy discussion.) Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark 1 NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: If Commissioner De Yurre that he's not well informed at this time, yes. I very definitely will vote for it. Commissioner Gort: I guess I have to go with it. COMMENTS MADE AFTER ROLL CALL: Commissioner De Yurre: I move to defer the budget vote. Vice Mayor Dawkins: Till when, Mr. De Yurre? r Commissioner De Yurre: Till the next hearing. 176 September -8, 1994 I. W Commissioner Gort: What's the legal requirement? Mayor Clark: What are the limitations there? Commissioner Plummer: On the treillage? Mr. Surana: We have to adopt a budget today, and we have to comply with the Trim Bill law, which meant... Commissioner De Yurre: How many days do we have? Mr. Surana: No. We have to adopt a budget today. Commissioner De Yurre: Why today? Mr. Surana: That's the law, Trim Bill. Commissioner De Yurre: Today, the 8th. Mr. Surana: Today is the first public hearing, and first public hearing. Commissioner De Yurre: Uh-huh. Mr. Surana: ... City Commission must adopt a tentative millage and a tentative budget, and that's the law. Commissioner Plummer: Yeah. Commissioner De Yurre: Well, why today? Hold it. Let me ask my City Attorney. Mr. Jones: My understanding, it has to be adopted by the 18th, not later than the 18th. Am I correct? Vice Mayor Dawkins: And may I ask, Mr. Mayor? Mayor Clark: Yes, sir. Vice Mayor Dawkins: Mr. Manager or somebody, OK? Mr. Odio: Yes, sir. Vice Mayor Dawkins: It said that you must adopt the budget today. OK? Somebody had to know that today was "the" day. Why did you wait until today as "the" day to bring it here, knowing that somebody may decide to do what was just done? Mayor Clark: To reconsider it. Vice Mayor Dawkins: That's right. You know, there has to be, and I... And, see, I'm glad... I've been saying this ever since we've been here - OK? - that we should never come to this Commission Chamber with a budget hatchet hanging over our heads, saying that you must pass this today. And I've been here thirteen years, and thirteen years, it has been the same thing. Commissioner Plummer: Well, let me ask this question, if I may. We've already adopted at one reading the millage. Correct? 177 September 8, 1994 4 z Mr. Surana: Right. Commissioner Plummer: Now, that locked us in at that point that we can never go above it without going through a procedure that nobody here would want to go through, I'm sure. We can reduce it. This is the second reading of the millage; is that correct? Mr. Surana: No. This is... Mr. Jones: No, this is first reading. Commissioner Plummer: OK. But the millage is already locked in. Mr. Surana: Yes. Mr. Jones: Yes. Commissioner Plummer: So what is the problem? What he has asked is the appropriations portion to be deferred, which I voted for. Mr. Jones: Which I'm saying to you that the law requires that a tentative appropriations budget be passed not later than the 18th, or you won't be in compliance with the State statute. Commissioner Plummer: What did we just reconsider on? i Mr. Jones: On the appropriations, which is the budget. i Commissioner Plummer: OK. That's fine. Mayor Clark: We have a motion and a second. Commissioner Plummer: To do what, now? Vice Mayor Dawkins: And a motion, seconded and passed. Mayor Clark: No, not... That's reconsideration. Commissioner De Yurre: Yeah. Commissioner Plummer: Oh, OK. Mayor Clark: This is a motion now ... { Commissioner Plummer: This is a motion for... OK. Mayor Clark: ... to defer the budget. Commissioner De Yurre: To defer. Commissioner Plummer: Call the roll. Mr. Foeman: I need a second here, Mr. Mayor. r h Mayor Clark: Second? 178 September 8, 1994 Commissioner Plummer: I moved it. Mr. Jones: Well, you know, let... No, let me caution... Let me caution you. I mean, I hear what you're saying, what you want to do, but again, I must tell you that you're not going to be in compliance with the State statute. What you're going to have to do... Commissioner Plummer: You're not sure how the motion is going to go. Mr. Jones: ... to defer it is readvertising, the whole works. There's no way, there's no way, unless you set a special hearing, a special Commission meeting, that you're going to be in compliance with the statute. Vice Mayor Dawkins: But you just said, Mr. City Attorney, that we have until the 18th to be in compliance. Is that a correct statement, sir? Mr. Jones: What I'm telling you is... Vice Mayor Dawkins: Well, is that a correct statement, sir? Mr. Jones: Commissioner, it is. And what I'm telling you is that... Vice Mayor Dawkins: OK. Well, see... Mr. Jones: Commissioner, if you would, there's... There are certain time parameters that you have to comply with within the statute. That's what I'm telling you. Vice Mayor Dawkins: OK. Well... Mr. Jones: Unless you set... Unless you set a date specific now, because what you've done, in effect, is you've got to readvertise it. Vice Mayor Dawkins: Well, then, you're telling me how to do it. Don't tell me that it can't be done. You just told me that I can do this, and I can do it if I set a certain date, and advertise it, and this will be heard again by the 18th. Didn't you just tell me that, sir? Mr. Jones: That's correct, sir. Vice Mayor Dawkins: Well, that's what you're telling me. Mayor Clark: Now, we have a motion on the floor to defer this budget. See if that passes. Commissioner Gort: Mr. Mayor. Mayor Clark: Go ahead. Commissioner Gort: Question. My understanding, this is first reading? Commissioner Plummer: Correct. Commissioner Gort: Anything can be changed from here until the second reading? Commissioner Plummer: Correct. 179 September 8, 1994 Commissioner Gort: Any information we needed can be done? Mayor Clark: Yes. Commissioner Plummer: Correct. Commissioner Gort: OK. Mayor Clark: Call the roll. Commissioner Gort: Now, the motion here now is to defer... Mayor Clark: Till a date certain. Commissioner Gort: ... the public hearing. OK. Mayor Clark: Wait, wait. Mr. Jones: Well, you need... What I'm saying to you is you need to set a date certain. I mean, unless you set a date certain, then you can't... Commissioner Gort: We're going to see if it passes first. Mayor Clark: Call the roll THEREUPON, ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY VICE MAYOR DAWKINS, THE PROPOSED DEFERRAL OF ITEM 53-B FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins NAYS: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Mayor Stephen P. Clark ABSENT: None. [NOTE: Commissioner De Yurre left the Commission Chamber at 5:30 p.m. Mayor Clark: All right. Let's proceed, Mr. Attorney. Commissioner Gort: Hear from the public. Commissioner Plummer: No. It failed. Mayor Clark: Now we'll hear from the public. Please give your correct name, not your... 180 September 8, 1994 Mr. Mariano Cruz: Oh, I remember. Jose Vila. Mayor Clark: ... your Mickey Mouse names. Mr. Vila: I don't have to use it. I will run in the County. Mayor Clark: Yeah. Mr. Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street, Allapattah, Miami, Florida. I got nothing against the millage or taxes. i think they are pretty fair. Anyway, there is no... There is no free lunch. The only ones that get free lunch are the tax men, the bond lawyers. They get free lunch. Commissioner Plummer: The what? Mayor Clark: Those people who work for the post office. Mr. Cruz: Right. Mayor Clark: I've known this guy a hundred years. OK, Mariano. Mr. Cruz: Every year, I come here because I want to give some input to the Commission and to the department heads there, because according to the charts, the City of Miami Table of Organization, the ones on top are the residents of Miami. Right on top. Then comes the City Commission, employees, and everybody, according... Mayor Clark: That's the... You got a chart. Mr. Cruz: Yeah. Residents of Miami. Voters, no voters, taxpayers, homeless, residents of Miami. And just a few things here. One thing, I am happy and glad to see there is one million dollars extra, more, going to the Parks Department for programs and that. But we're still waiting for our building in Allapattah Comstock. Now, that building, the money was allocated last year, May 13 through CD (Community Development) money. Half a million dollars were allocated for the building. We are still waiting for the... to start the building there, to start building. And also, two years after Andrew, more than two years after Andrew, the west fence of the park is still down, with a tree there. And you go to Curtis Park, the north fence still down, two years after Andrew. You go there... And I read here they recovered a lot of money from FEMA (Federal Emergency Management Agency) and all that. But two years or more... Mr. Odio: Mariano, you're right, you're right. Mr. Cruz: OK. Mr. Odio: Let him tell you this. The design aspects have been concluded, and the building will be finished by when, Alberto? Mr. Alberto Ruder: We're working very close with Public Works to hopefully have the building done within a year's time. Mr. Cruz: OK. Mr. Ruder: Maybe sooner. And we'll keep you informed. Mr. Cruz: No. The people ask me questions. 181 September 8, 1994 Mr. Ruder: Right, right. Mr. Cruz: The people, especially from the Dominican community. Mr. Ruder: Right. Mr. Cruz: They ask questions about the building. Mr. Odio: You're right on the delay. You're right about the delay. It was delayed. Mr. Cruz: OK. Now, I come here and look at NET (Neighborhood Enhancement Team). NET, they say, although I don't officially agree, that no City can prosper if its residents and neighborhoods are being overrun by crime, neglect and decay. I think the Neighborhood Enhancement Team, NET, is a practical approach in the delivery of services. But today, I get to my house, I say, if I go there oil the sidewalk, still the bin that I put this morning at ten minutes to six for the recycle is still there. The whole block full of bins. The same thing happened last Thursday. And we go through the whole thing every week. I have to call. I call the NET, 571- 5128. They refer me to 365-0978, and the whole thing is happening. See, but people get frustrated with the system. And... Now, see, that's one of the big problems that we got in our neighborhood, the cleaners. We have a big problem with the produce market there, with the dumping of the people there, illegal dumping. Get to ... Get somebody on the corner there and catch them doing that, because they do it. They do that. And that's one of the quality of living. Because we live there, my wife Iive there, she worries about that. I can live anyplace, but I choose to live there. Mayor Clark: OK. Mr. Cruz: Clean neighborhood. That's... Keeping the neighborhood clean. Now, illegal dumping, that's what they're doing there. The plan to eliminate illegal dumping of trash and garbage, residents and business alike. That's got to be implemented there. One entry I got here that - it surprised me when I saw it, too - the police, the visibility of the police take-home cars. What visibility? They have no policemen living in my neighborhood. Maybe they live in Broward County, like my son-in-law that live in Miramar, you know. The other one live in Hialeah. They don't live in the City. So I don't know what about the visibility in the neighborhood. They don't get any visibility. They go I-95, or turnpike, Miramar, that's it. They don't even stop in Allapattah. And one other thing that I was going to question is that every time I receive the City agenda, I see a lot of money being paid to law firms from the outside. I mean, it's being jobs that being farmed out. And we have a Department of Law, according to here, we got about twenty-five lawyers, and so many assistants. Why we need so many lawyers? So many... so much of the work is being farmed out. Get an administrator and decide, this goes with... We settle out of court, this is going to be litigation, or that. How much money we spend every year paying people outside? I am glad to see that item 14, it say deny payment, because that's our money. Then when you spend that money in lawyer's fee, you don't put... You don't put that money in a park program. So the money's going; to all these places, and the money's going to Coral Gables, or going to Washington, or wherever it's going. I'm tired of seeing that. Get... We're going to have litigation. Litigation. And recover some of the money that people that have accidents that are at fault with the City, sue them. We can sue them. Get that money back. And then... It's easy to be sitting here and say, OK, no, we'll... Let's pay this and let's pay that. No. That money's coming... "Porque" remember that Miami, besides a few pockets of rich people, mostly poor people out there. You go Grove Isle, you go Bay Heights, Bay Point, very... North Grove, few... Now, you go to Allapattah. Mostly it's poor people there. So you got realize that the people out there of the City of Miami, they pay a high proportion of the income in taxes to the City, or to the Federal Government, to State, or to other places. Like I 182 September 8, 1994 said at the beginning, I got no quarrel with my taxes. The only thing is the delivery on taxes. And one thing about NET. The other day I called, and some of the people there told me, no, Fred Fernandez is in vacation. I don't know anything. If Fred Fernandez is in vacation, you got to put somebody to take over Fred Fernandez there, or whoever it is. Mayor Clark: Well... Mr. Cruz: Because if I go on vacation, somebody delivers my route. Mayor Clark: Mariano, I think you've made a good approach to this, and we thank you for your input. Thank you, sir. Mr. Cruz: That's it. Thank you. Mayor Clark: All right, Mr. "Loffenbach". Mr. Gonzalez-Goenaga: Gonzalez-Goenaga, Manuel. I reside out of the City of Miami, yet I am speaking on behalf of Citizens United Against Police Brutality. I am a registered lobbyist under Citizens United Against Police Brutality, and Citizens United Against Government Corruption. fMayor Clark: Two minutes. Mr. Gonzalez-Goenaga: Less. Knowing... Mayor Clark: All right. Fine. I'm happy. Mr. Gonzalez-Goenaga: Knowing what I have seen here today, that everything, very few people, with a few exceptions, know what's going on here, I am going to quote Harry S. Truman, a simple fellow, a popular fellow who did say, "If you cannot convince them, confuse them." But this is worse than confusion. This is deception. What has been presented here, very few people know what's going on, and let me tell you publicly that I have... Mr. De Yurre, for me, has grown up very highly, along with Mr. Miller Dawkins for petitioning a deferral. If we don't know what's going on here, if the Commissioners are not satisfied, I tell you, if I were in charge of this City, I would immediately fire the City Manager. Thank you very much, and good luck. Mayor Clark: Merry Christmas. Other persons want to speak on the budget process? The budget process. Yes, ma'am. For the record. Ms. Nancy Brown: Thank you. Nancy Brown, president of Friends of the Everglades, and I'm speaking for Friends of the Everglades today. Mayor Clark: Nancy, speak up a little louder, will you, please? Vice Mayor Dawkins: Hold the mike to you, ma'am. Ms. Brown: OK. Thank you. A year and a half ago - it seems longer than that - Friends of the Everglades filed a letter of intent to sue Dade County Water and Sewer Authority, the County itself, the County Manager, everyone who was suable, for failing to properly maintain its water and sewer utility, and for, also, serious violations of the clean water act, in which they were bypassing the storm - the sewage treatment system, and discharging storm water into Biscayne Bay, into the Miami River. Now, that suit has been attenuated by the EPA (Environmental Protection Agency). The EPA took over the case and they have imposed certain requirements on Dade County, and the Dade County Water and Sewer Authority, and on and on. But I just want to express to you Friends' concern. We've been involved in the State's... what's called a SWIM 183 September 8, 1994 plan - Surface Water Improvement Management. It's a plan whose principal concerti is to see that there is an input to the discharge of storm sewers and sewer sewers into the bay and into the Miami River. So we have watched the SWIM plans as they have evolved over a very long period of time. I think '79 or '80 was the first SWIM plan. The second SWIM plan has just come out, and it still emphasizes that nothing much has been done on the discharge of pollutants into the Miami River and into Biscayne. Bay. So State law has authorized the assessment of storm water fees to assist the County and the City of Miami in taking care of their storm water problems. I presume that the City Code, Section 53.5-28, regarding storm water utility trust funds, tracks the State statute. And that states that these funds are for the exclusive use of the Public Works Department for storm water projects, and for no other purpose. Commissioner Plummer: Are we collecting them? Ms. Brown: Pursuant to all of this, I noted on page 12 of your budget under general revenues that the environmental storm water sewer revenues were four million, one hundred thousand dollars. But on page 98 of the same budget, the storm water utility expenses were a million - eight -sixty-seven, so say they were a little under two million dollars expended, and four million dollars taken in. Now, that's a shortfall of two million dollars, as I see it. And nowhere does it explain where that shortfall went. So between revenues and expenditures, there was a gap. Since so many of the outfalls to the river and the bay are within the City of Miami - at least that's what Dade County always says, "We can't do much about it, they're all in the City" - we would hope that the City will commit the maximum revenues to cleanup of these outfalls. This is a process which has dragged along for nearly fifteen years, with Dade County and the City both committed to cure the problem, and it's still a long way from complete. The storm water fee does bring in a lot of revenue, and perhaps there is no incentive to ever finish the job. But the State and City codes are very specific on how that money should be spent. Tile State Attorney and the State Accountancy would both be very much concerned to know that this money is spent only for the purpose for which it was collected. And that's what I'm here to talk about, and I hope that... We will send you a letter to that effect, and, you know, I would hope in the next few weeks, before your final hearing, there will be some explanation of the difference. Mayor Clark: Thank you, Nancy. Ms. Brown: Yes, sir. Mayor Clark: Thank you very much. Mr. Jim McMaster: I'm Jim McMaster, 2940 Southwest 30th Court. I'd just like to add to what Nancy said. What I handed out to you is the years '89 through '92 of the Storm Water Sewer Trust Fund. And if you notice, 1-A is storm water operations, maintenance and overhead, which went to Public Works, six million dollars plus; 1-B, additional contribution to Citywide Administration, four million, nine hundred and eighty-three thousand dollars. And the next couple of years... It appears that there's three or four million more every year going into Citywide Administration. And what we're asking for is for the Administration to back track, and for the first four years, did they put five million dollars of this trust money that we all pay through our water and sewer bills into the general fund? And that is the question. I don't know if they have an answer for that right... Mayor Clark: You want to respond, Mr. Manager, or Wally? Mr. Jim Kay: To the initial speaker's comments, I'd just like to make the statement that the City has worked very hard and very successfully in getting the SWIM monies that she had mentioned as matching grants to do a number of capital improvement projects to clean up its storm water system. It discharges into the bay. And secondly, we still have a problem of... That pertains to 184 September 8, 1994 water quality. And secondly, we still have the problem of drainage problems in the City that we have to address, as well. So a lot of these monies are being spent for capital improvements, and some of the monies are also being spent for operational costs, operating our storm water utility system. Mayor Clark: Did you answer his questions? Ms. Brown: I would assume that all those monies go into the Public Works fund, and that's where the discrepancy is, regardless of the project. Mayor Clark: Yes, go ahead. Mr. Surana: I think we can sit down and review all the numbers with you tomorrow. We can show you what is... where it went. Mayor Clark: Anything further? Mr. McMaster: Yes, sir. Earlier today, the City Manager and I were talking about the City floating ninety-three million dollars worth of paper in the last year and -a -half. And the City Manager was saying that, well, this really didn't mean much. If you look at page 101 of the budget, debt service on park bonds, '94, five hundred and twenty-two thousand dollars; '95, eight hundred and three thousand dollars, an increase of fifty percent; Sunshine State bonds, '94, two hundred and thirty-one thousand dollars; '95, four hundred and sixty-one thousand dollars, an increase of one hundred percent. So clearly, all this paper that's being floated does have an impact. Mayor Clark: Please, please, Jim. Mr. McMaster: That's another half million dollars that the general fund has to absorb every year. Mayor Clark: Mr. Manager, respond to that. Mr. Odio: I think I mentioned this morning, I didn't discuss with you ninety-three million dollars, but I told you that the debt service is going down, and the millage shows you that our debt has been lowered, and that the debt... Mayor Clark: That's part of our debt. Mr. Odio: That's what I said this morning. Mr. McMaster: Right. All right. Mr. Odio: And this is all part of the debt, and that the debt ratio to total assessment value is one of the lowest ones in the country. Mr. McMaster: Well, as we discussed, I'm going to... Mr. Odio: It's one point... What is it? Unidentified Speaker: It's one point six. Mr. Odio: One point six, to a total assessed value of what ? - eleven million or something? 185 September 8, 1994 Mayor Clark: And, really, if you wanted to indebt yourself to the limit, what percentage could we go to, fifteen percent? Mr. Odio: Fifteen percent. And we are at one point six percent. Mr. McMaster: Right. Seven -four, in the budget. As far as the thirty million dollars of tax anticipated notes that were floated last year that were going to tide you over in those couple of months, on page 48 of your budget, the Department of Finance is very proud to tell you that they sold thirty million dollars of tax anticipation notes at two point seven -eight percent interest, thus allowing a one-time payment of the pension actuarial requirement, and avoiding approximately six hundred thousand dollars in interest. Mr. Odio: That's right. That's right. Mr. McMaster: Well, but you're not using it month to month. It's, you know... Mr. Odio: Do you know what cash flow is, sir? Mr. McMaster: I know cash flow. Mr. Odio: I told you this morning that we had a shortage of cash flow. Part of the City's indebtedness - not from me - the pension Gates case made us make payments on pension at a certain date. And that date is October 1st, I believe, Carlos? I'm going by memory. If we don't have the money to pay that pension fund, we are in violation, and we have to pay a high interest on that money. Mayor Clark: And the money flow doesn't come in. ' Mr. McMaster: Right. Well, I know there's a great... Mr. Odio: So by borrowing money and making the payment on that case, we save money. Mr. McMaster: I know there's a great deal outstanding. I have one more issue. Mayor Clark: I thought we explained that to you today. Mr. McMaster: (Inaudible.) Mayor Clark: Yeah, well, you'll be an expert. Commissioner Plummer: I hear you. Mr. McMaster: (Inaudible.) Mayor Clark: All right. All right, proceed. Mr. McMaster: My question on this - and I brought it up this morning - if you look at the budget, under proposed, for uses other than general operating, you have the crime bill, nine million, three thousand, eight hundred and sixty-two dollars. Commissioner Plummer: That number has now changed to nine million, six hundred thousand. Mr. McMaster: OK. Now, this budget was drawn up before June 30th. The crime bill passed August 25th. 186 September 8, 1994 r 5 W, Mr. Odio: That's right. Mr. McMaster: OK. The money has not been budgeted in Washington yet. Mr. Surana: It will be. Mr. McMaster: My understanding is the bill has passed, the money is not budgeted. My understanding is, there will be a formula, and we will get a great deal of money, because it's a matter of how high is your crime, and, you know, whatever. Mr. Odio: We have a good magic ball then. Mr. McMaster: Right. Mr. Odio: We had to prepare a budget in May, and we projected that we would get the crime bill. Now, if we had not, we would not have a balanced budget, obviously, but we did. Mr. McMaster: Well, my question is, the Federal Government can be very slow dispensing funds, and we are concerned that the Police Department get more, not that this be used to cut back on them. This, hopefully, will come down in block grants that you... The one you voted on this morning, for over a million dollars. Commissioner Plummer: Can I try to help you? Mr. McMaster: Sure. Commissioner Plummer: Let me tell you that I have already the allocations to be distributed. And what this crime bill will do for the City of Miami, it will give an additional - not "instead of"' or "replacement thereof" - an additional one hundred and seventy-four positions in the Police Department, and it's broken down in the following way: Police officers will be fifty additional police officers; public service aides, forty; and civilians, eighty-four. Now, what is not being said here, of the civilians, will be releasing police officers to go back out and do law enforcement work. So you're looking at nine million, six hundred thousand from the crime bill, which will be the allocation for the City of Miami. Mr. McMaster: And this will be supplemental to our budget. Commissioner Plummer: That's in addition to. This is just the police budget. Mr. McMaster: That... My real question is that this... Vice Mayor Dawkins: You know, I could go along with what J.L. is saying, if it was produced to you in writing. This is the same method of budget balancing we do each year. OK? Now, you see it; now, you don't. OK? That nine million dollars will never show up anyplace but on paper, and it will be shifted around from place to place - tell Commissioner Plummer I said it -- be shifted around from place to place, and you will never see nine million dollars in place one time. Mr. McMaster: Well, that's my concern. Vice Mayor Dawkins: That's right. I know that. Mayor Clark: Well, I'm happy that you're concerned. :l September 8, 1994 c Commissioner Plummer: Tell my colleague it goes back to his old saying of "voodoo economics." Mr. McMaster: Well, I'll get the information from one of your people. In second reading, we can talk about it further. And also, I know this is one of your pet peeves. Government Center parking garage, are we over ten million dollars in losses now on that? Commissioner Plummer: It's costing us a million dollars a year. Mr. McMaster: Well, I understand we have convention centers... You know, a lot of things lose money. They're complicated to operate. But I... Commissioner Plummer: Well, now, wait, whoa. Are you speaking of the convention center or... Mr. McMaster: No, no. I'm just saying, sir, that a lot of things lose money, and it's understandable, they're complex, there's tourism back and forth, but a concrete parking garage. Commissioner PIummer: Yeah. Mr. McMaster: How can someone go out and put a parking garage downtown and lose ten or eleven million dollars in ten or eleven years? Commissioner Plummer: Well, it's nice that you bring that up, and it is my pet peeve every year, because we're still paying a million dollars in subsidy for that. But what happened is two things, just very quickly. Number one, what we were promised by the County when that thing was built did not become a reality; that they would take at least half of that garage, and that would pay the expenses. And the other part of it is, is the fact that they put a provision for a daycare center in there that was never used, and as such, it is not a compatible building for what is normally a parking structure. Mayor Clark: Next case. Mr. McMaster: Oil. Vice Mayor Dawkins: And I think... Commissioner Plummer: Just for your information... Vice Mayor Dawkins: I think, Mr. Plummer, you should also say that in less than a hundred yards from there, the County went and built another parking garage, on Flagler and... Commissioner Plummer: As well as a surface parking. Mr. McMaster: Well, if you build a City Administration building down there, you can then save a million dollars on rent, and save the million on... Commissioner Plummer: Well, interesting you bring that up, because let me tell you, something. Off -Street Parking has, on three occasions, tried to sell it, and nobody is interested in buying it. Mr. McMaster: Well, you've said it before. Get rid of it. Thank you. Commissioner Plummer: I'd love to. Mayor Clark: Thank you, sir. Yes, ma'am. - Commissioner Plummer: What are we going to do with it? The debt still runs on. Mayor Clark: OIL. Let's go. Yes, ma'am. Vice Mayor Dawkins: Pull the mike to you, ma'am. Ms. Yvonne McCullough: I'm Yvonne McCullough, from the Tacolcy Center of Liberty City. I'm here to ask that the budget process be extended to include an increase in our parks and recreation budgeted amount. Now, we've been approved for ninety-two thousand, and we are requesting a hundred and twenty-five thousand. So it's thirty thousand, thirty-two thousand dollars that we are asking for increased funding for Fiscal Year '95. i Mayor Clark: All right. You made your request, and we appreciate it. Thank you, ma'am. Ms. McCullough: Thank you. Mayor Clark: Other persons wish to speak on this item? Other persons wish to speak on the budget item here tonight? That's a record. I used to have five, six hundred down in the County. (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD.) Mayor Clark: Yeah. This man... Let me tell you about this fellow, Mariano Cruz. He would fill about four cards, M.J. Cruz, M.J. Cruz, Sr., M.J. Cruz, Jr. Four different cards. He was up there four times a night, but we kept him till midnight sometimes. All right. Any other matters, Mr. Attorney? What do we have? Mr. Jones: You need to vote again on whether you're going to adopt a tentative budget. Mayor Clark: All right. Commissioner Plummer: I move it. Mayor Clark: Moved. Is there a second, Willy? Commissioner Gort: Second. Mayor Clark: All right. Call the roll, Mr. Clerk. I September 8, 1994 An Ordinance entitled - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL. YEAR ENDING SEPTEMBER 30, 1995; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Mayor Stephen P. Clark Commissioner Miller J. Dawkins 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. Mr. Odio: Mr. Mayor, just to, if I may, to satisfy Belafonte Tacolcy, I... We may want to tell them that... And once we get the regulations from Washington on the crime bill, there are monies there for prevention, especially in parks programs, and at that time, we should consider them, and not before, because we don't know exactly how the regulations on parks will be. Mayor Clark: All right, fine. ---------------------------------------------------------------------------------------------------------------- 59. (A) RESCHEDULE FIRST CITY COMMISSION MEETING IN OCTOBER TO TAKE PLACE ON OCTOBER 27TH, TOGETHER WITH PLANNING & ZONING MEETING. (B) RESCHEDULE BOTH CITY COMMISSION MEETINGS IN NOVEMBER TO TAKE PLACE ON NOVEMBER 17TH. (C) RESCHEDULE FIRST REGULAR CITY COMMISSION MEETING IN DECEMBER TO TAKE PLACE ON DECEMBER 1ST -- RESCHEDULE SECOND MEETING IN DECEMBER (PLANNING & ZONING) TO TAKE PLACE ON DECEMBER 8TH. Mayor Clark: Let me make an announcement. The month of October, it will be one meeting, October the 27th. The month of November, one meeting, November the 17th. The month of December, two meetings, first and second... Commissioner Plummer: Mr. Mayor, please. Mayor Clark: What? Commissioner Plummer: In the month of October, we will have two meetings on the 27th. In the month of November, we will have two meetings on... I'm sorry. In October, we'll have two meetings on October the 27th. In November, we will have two meetings on November the 17th, because of Thanksgiving. It is proposed to have two meetings in December, the first and second Thursday of December, because of the Christmas holidays. 190 September 8, 1994 Mayor Clark: Do you move it? Commissioner Plummer: Yes, sir, I move it. Mayor Clark: Second? Vice Mayor Dawkins: Yes, sir. Mayor Clark: Cast a unanimous ballot, Mr. Clerk. You got those dates? The following resolutions were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 94-671 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN OCTOBER, 1994, TO TAKE PLACE ON OCTOBER 27, 1994, COMMENCING AT 9:00 A.M; AND RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN OCTOBER, 1994, TO TAKE PLACE ON OCTOBER 27, 1994, COMMENCING AT 4:00 P.M. RESOLUTION NO. 94-671.1 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN NOVEMBER, 1994, TO TAKE PLACE ON NOVEMBER 17, 1994, COMMENCING AT 9:00 A.M; AND RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN NOVEMBER, 1994, TO TAKE PLACE ON NOVEMBER 17, 1994, COMMENCING AT 4:00 P.M. RESOLUTION NO. 94-671.2 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN DECEMBER, 1994, TO TAKE PLACE ON DECEMBER 1, 1994, COMMENCING AT 9:00 A.M; AND RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN DECEMBER, 1994, TO TAKE PLACE ON DECEMBER 8, 1994, COMMENCING AT 4:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolutions were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 191 September 8, 1994 W ------------- --------------------------------------------------------------------------- -------- AUTHORIZE AND DIRECT CITY ATTORNEY TO PREPARE AND I PRESENT HIS YEARLY DEPARTMENTAL BUDGET, TOGETHER WITH A POSITION PAPER JUSTIFYING MID -YEAR SALARY RAISES GIVEN IN HIS DEPARTMENT, AT THE NEXT BUDGET HEARING. Mayor Clark: Yes, sir. Vice Mayor Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. Vice Mayor Dawkins: We told the City Attorney to sit down and come back with a budget, and I'd like for him to present what he brought back so that we can do something with it here. Commissioner Plummer: I haven't seen it, the City Attorney's budget. A. Quinn Jones, II1, Esq. (City Attorney): Commissioners, I... It's... I sent you back in May a proposed budget, which is the same budget... Mayor Clark: That's in the budget now. Mr. Jones: ... that I gave you here, which is... which totals three point nine million. Commissioner Plummer: How much? Mr. Jones: Three point nine million. Commissioner Plummer: Is that dollars? Mr. Jones: Yes. Now, what the Manager has included in his budget package to you is roughly three million dollars, whatever. Commissioner Plummer: That's too much. Mr. Cesar Odio (City Manager): I allocated the funds that I had. It's up to you. If you want to take it from somewhere else and add it, I'll be... Commissioner Plummer: All right. Mayor Clark: All right. We can do that between now and the next hearing, right? Mr. Jones: Yeah. Mayor Clark: OK. Commissioner Plummer: All right. Mr. Mayor, just for the record, I'm not going to take up the time today. I have asked the City Attorney before the reading of his budget that I would like a position paper and a justification paper of the raises that were given during the middle of the budget year, and a rationale of why, and I will accept that paper from him, rather than taking up your time to do it here today. 192 September 8, 1994 101.) ,r--N Mayor Clark: All right. Vice Mayor Dawkins: I don't have any problem with that, and I want the Manager to present the same thing for his shop, ever since we've been here, the raises he's given, why. Commissioner Plummer: So be it. Vice Mayor Dawkins: If you're going to do it in one shop, do it in all. Commissioner Plummer: So be it. Mayor Clark: All right. Any further matter? Commissioner Gort: Yes, sir. Mr. Mayor, we have the DDA (Downtown Development Authority)... Mayor Clark: Six-o-five for... Vice Mayor Dawkins: Oh, DDA budget? Commissioner Plummer: For the one budget? Vice Mayor Dawkins: Oh, we got... Wait, you have to pass this. A. Quinn Jones, III, Esq. (City Attorney): So you're deferring this to the next meeting? Vice Mayor Dawkins: Beg your pardon? Commissioner Plummer: What's that? Mr. Jones: Are you deferring approval or disapproval till the next meeting? Vice Mayor Dawkins: No. What the Mayor said, and I'm going to repeat it, is that at the next hearing, we will make what adjustments we have to make. Commissioner Plummer: Of course. Vice Mayor Dawkins: That's what the Manager said. Commissioner Plummer: Yeah. Vice Mayor Dawkins: I mean the Mayor said. Mayor Clark: That's exactly right. That's what it's for, too. Vice Mayor Dawkins: Yeah, that's right. Commissioner Plummer: All right. Can I ask, what do we... Do we have to wait for six-o-five for anything? Mayor Clark: We approved that budget. Mr. 3ones: That's the advertised time for it. That's the time it's advertised for. 193 September 8, 1994 Vice Mayor Dawkins: For what? Commissioner Plummer: For DDA. Mr. Jones: For DDA. Commissioner Plummer: Item 54. Mayor Clark: Yeah, that's Downtown Development. Well, that's only a few minutes. Speed that clock up, Mariano. END OF DISCUSSION -- NO ACTION TAKEN i ---------------------------------------------------------------------------------------------------------------- 61. COMMISSISONER PLUMMER INTRODUCES INTO THE PUBLIC RECORD THE FY'94-95 REPORT OF THE BUDGET AND FINANCES REVIEW COMMITTEE. ---------------------------------------------------------------------------------------------------------------- { { Commissioner Plummer: Mr. Mayor, I think, in all honesty, we should make a part of the document I think we all, actually, unfortunately, received today a paper from the Budget and Finance Review Committee. Does anybody want to make that a part of the minutes? I think it should be. i Mayor Clark: Yes, sir. Is Mr. Berkowitz the chairman? Commissioner Plummer: Yes, sir. You want me to read it into the record? Mayor Clark: You don't have to read it into the record. We all have copies. Commissioner Plummer: OK. I'll give my copy to the Clerk so they can make a copy of it to attach to the record. Mayor Clark: All right. Vice Mayor Dawkins: God bless you. Mayor Clark: All right. END OF DISCUSSION -- NO ACTION TAKE i NOTE FOR THE RECORD: At this point, Mayor Clark requests all Department Directors to stand and introduce themselves to the City Commission, Mayor Clark: How many of you people attended the picnic last Saturday? Mr. Jones: I didn't get a hamburger. 194 September 8, 1994 Commissioner Gort: It was good. Mayor Clark: What we're going to try to do somewhere, we're going to try to scrape up fifty thousand dollars next year to hold two picnics, one in December, and one in May; not in July or August. Jesus. It will be warm, but it won't be as hot as it was Saturday. But it was beautiful. I had a good crowd out there, and everybody enjoyed it. Fudrucker's Restaurant, the hamburger manufacturer gave all of that food. Can you imagine? Five thousand hamburgers. Commissioner Gort: They were impressive, worked all day long. Mayor Clark: Yeah. They worked, the owners of the company worked right there, the blonde lady, just worked all day long, all afternoon. A great day. ----------------- ------------------------- --- ------------------------------------------------------------------- 62. DISCUSSION CONCERNING PROPOSAL BY KEY BISCAYNE VILLAGE MANAGER THAT THE CITY OF MIAMI ENTERTAIN THE POSSIBILITY OF BUILDING A RECREATIONAL VEHICLE PARK IN VIRGINIA KEY BEACH, ON CITY -OWNED PROPERTY -- BRIEF DISCUSSION CONCERNING RFP TO BE ISSUED IN CONNECTION WITH THE VIRGINIA KEY BOATYARD. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, while we're waiting, can I ask a question of the Administration? Mayor Clark: Yes, sir. Commissioner Plummer: Mr. Manager, the RFP (Request for Proposals) for the RV (recreational vehicle) Park on Virginia Key, I don't know whether I'm a little upset or not, but I read in the paper where we have not seen this RFP, that somebody from the Administration made the comment to the people of Key Biscayne that there would be fifteen acres provided for them to have baseball diamonds and soccer, and we, the Commission, have not even seen this proposal. Mr. Cesar Odio (City Manager): No, no, no. OK. I'm glad you... Commissioner Plummer: And I would like, for some reason, somebody to explain to me why these kind of comments were made that people will naturally assume that this is the case, and we, the Commission have not decided, yes or no. Did you see that, Mr. Mayor? Mr. Odio: Well, let me... Let me explain to you. I had a request for a meeting with Betty Sime, and the Key Biscayne (Village) Manager. They wanted to... They wanted to propose that we entertain the idea of building a park that... in Virginia Beach, for the use of Key Biscayne and the rest of the public, too. Mayor Clark: Let me tell you, they have a ten -acre site there they paid millions for, and they don't want to use it for a park. Commissioner Plummer: Yeah. Mr. Odio: That's what the project... 195 September 8, 1994 WK Mayor Clark: Now, they want to come back and tell us to use our park site. Mr. Odio: They did not come to demand. They said that they would like to see if we could work together, and they would support us on other things that we're trying to do in that area, if a park could be developed for all of the public to use. Commissioner Plummer: Well, Mr. Manager... Mr. Odio: There is an area, by the way, Commissioner... Commissioner Plummer: Did we make... Mr. Odio: ... that cannot be used for anything right now. That is the landfill. Commissioner Plummer: OK. Mr. Odio: And that could be an ideal site for a... Commissioner Plummer: My problem is, a person of... a City employee making a statement - and I'm not taking the Herald as being gospel - that when they requested the fifteen acres, said that we can accommodate you. Mr. Odio: They met with me. Mr. Odio: Now, you know, without the Commission making that decision... Mr. Odio: Nobody told them we could accommodate them. Commissioner Plummer: OK. Then you... Mr. Odio: I don't know what the word "accommodation" means. It means that we were willing to talk to them, but it doesn't mean that we made any commitments. Commissioner Plummer: Well... Mr. Odio: i cannot make a commitment for the City or anybody else. Commissioner Plummer: OK. I hope it is understood by those people that, that is not the case, because my immediate reaction is, if they want fifteen acres of our property, we'll take fifteen acres of theirs. So I mean, you know, swap a fair trade. I have no problem with that. I'll take the fifteen acres of the beach, if that's what they want. But like the Mayor says, they've got property, and, of course, they want it for their own development, and God bless them. But as far as I'm concerned, I think we have to utilize our property which is best utilization for this City. Mr. Odio: What I'm trying to tell you, that maybe, just maybe that landfill, which cannot be used for anything, could be a nice park. Commissioner Plummer: OK. My next question... Mr. Odio: For the use of everyone, not just Key Biscayne. Commissioner Plummer: Mr. Manager, my next question is, how soon will we be going back out with the RFP for the Virginia Key Marina? 196 September 8, 1994 Mr. Odio: The boatyard. Commissioner Plummer: That was to be three hundred thousand dollars minimum annual guarantee. And every day that goes by, that is revenue that we're not going to be getting. How soon will we have the new RFP ready, that we can go out with it, so we can start thinking about that revenue? Mr. Odio: Well, first, I need to correct the editorial the Herald wrote this morning. Commissioner Plummer: I didn't see it, so I'm not guilty. Mr. Odio: Well, I did, and they are completely misinformed. We had, even though we did not properly advertise, as required by law, we had more requests for this RFP than in the history of... since we've been issuing RFPs. Over forty-eight I believe we had, which is uncalled for a type of project like this. So clarifying that, we now have a technical problem, which is that the tenants that are in the boatyard now have gone into bankruptcy court, and we cannot issue an RFP until that matter is resolved in court. Commissioner Plummer: Well, wait a minute. Let me ask this question. Why can't we issue the RFP, but not award it until that matter is resolved? Vice Mayor Dawkins: Because the guy in the bankruptcy court may want to bid, and he can't, because he doesn't know what he's going to do while he's in bankruptcy court. I suggest we let the Manager do it the way he's doing it. Commissioner Plummer: OK. Commissioner Dawkins, my only concern is the three hundred and sixty thousand dollar minimum we were going to get for this City. Vice Mayor Dawkins: You know, if that was the only thing the City of Miami was losing, was three hundred and sixty thousand dollars, you would have me. OK? We're losing much more than that, and nobody's been sitting up here concerned. Commissioner Plummer: What about if I don't want your... Vice Mayor Dawkins: OK, all right, OK. No problem. Mayor Clark: Please, now, let's don't get out of control. We're very happy. Just be quiet. Commissioner Plummer: No, I just... END OF DISCUSSION -- NO ACTION TAKEN 197 September 8, 1994 W go NOTE FOR THE RECORD: At this point, the Commission expresses its appreciation to is ar Berkowitz, Chairman of the Budget and Finances Review Committee. ---------------------------------------------------------------------------------------------------------------- 63. COMMISSIONER PLUMMER GIVES STATUS REPORT CONCERNING TAX-EXEMPT STEERING COMMITTEE -- BRIEF DISCUSSION CONCERNING PROPOSED CORPORATE VOLUNTARY TAXATION. Commissioner Plummer: Mr. Mayor, if I may, I'd like to report to you, sir, on the committee that we formulated for the purposes of trying to go out and get corporate Miami to join us in a voluntary program of the taxation where we have so much of it that is tax exempt. We have had our first meeting, and it went over very, very well. We had all but one member present, and the staff has done an excellent job. We will be meeting twice a month to put this program together. And our only problem now is that how do we go out and invite these people to pay taxes that they don't have to. Mayor Clark: Well, they don't have to. But let me give... Commissioner Plummer: We hope, we hope that they will understand the need. Mayor Clark: You've got to give them the other side of it, too. This City has assessable land of fifteen billion dollars. But five billion dollars worth of land is nontaxable. That shows you how much we miss, about fifty... How much the taxes? Mr. Cesar Odio (City Manager): About four billion... I got... No. Commissioner Plummer: No, there's five billion that... Mr. Odio: Five billion. Commissioner Plummer: Thirty-one percent. Mr. Odio: Thirty-one percent, that's correct. Mayor Clark: That shows you. Commissioner Plummer: Well, this program, I think, is very appropriately called "PILOT," Payment In Lieu Of Taxes. Mayor Clark: Because they have to use the Police Department, the Fire Department, the hospital, everything else that we serve them with, and no taxes whatsoever. That's what this program is all about. END OF DISCUSSION -- NO ACTION TAKEN 198 September 8, 1994 W ---------------------------------------------------------------------------------------------------------------- 64. VICE MAYOR DAWKINS REQUESTS ADMINISTRATION NOT TO WAIT UNTIL THE LAST MINUTE TO PRESENT THE YEARLY BUDGET TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION. Vice Mayor Dawkins: OK. Mr. Mayor, I have one statement to make. Mayor Clark: Yes, sir. Vice Mayor Dawkins: For thirteen years, I've sat here, and I have begged the Administration not to come here the last day to present a budget, telling me that this budget must be passed, and they do it every year, simply because you do not have time to argue and bicker with them, because J.L. Plummer makes his annual statement, "I am not going to be the one who causes the State of Florida to lose this money, because we do not have a budget." I would hope, Mr. Mayor, that you would inform the Manager that there is March, April, May, June and July in which to present us with a working budget that we could look at and work with, with the Manager telling us that this is a budget projection, and it's only for your... your working papers, and you can work with it and get back to us. Mayor Clark: We should have... Vice Mayor Dawkins: I don't think, Mr. Mayor, that they should bring, each year, at the... in September, knowing we don't meet in August, a budget up in the first meeting in September, and tell me we've got to pass it. Mayor Clark: Excellent thought. Mr. Odio: Mr. Mayor, I beg to differ with the Commissioner. We handed a budget June 30th. You had the budget July, August, and now, until now. This budget, we had a projection... We had to make a projection during May and June, not knowing if we had to have a crime bill, not knowing what the assessed value would be. We had to project a budget, and yet, we hit it right on the head. I don't know what he wants. I have given him a budget June 30th. That's three months, almost three months prior to you having to approve this budget. We had budget workshops at the Dupont Center where every department of the City made a presentation, line item by line item, every Commissioner here and the Mayor chose to send their staff there but you, Commissioner Dawkins. So it is not lack of information that you have had, sir. Vice Mayor Dawkins: That's your opinion, which in America, you have a right to. Mr. Odio: That's why we're all here, right? Vice Mayor Dawkins: That's right. OK? Commissioner Plummer: Mr. Mayor, can I have a point of personal privilege? Vice Mayor Dawkins: I fought in three wars for you to have that right. OK? Mr. Odio: Me too. Vice Mayor Dawkins: All right. No, you didn't fight in three, now. You got here after the second two, after the first... 199 September 8, 1994 1 Mayor Clark: All right. i Vice Mayor Dawkins: ... Second World War and the Korean conflict, then you came here. Mayor Clark: All right, please, please. Commissioner Plummer: Yeah, but he fought the battle of San Rafael and Galiano. END OF DISCUSSION -- NO ACTION TAKEN -- ------------------------------------------------------------------------------- 6S. (A) BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING RECENT PHOTOGRAPH PUBLISHED BY THE MIAMI HERALD. (B) MAYOR CLARK RECALLS THE SALARIES AND SIZE OF THE CITY BUDGET WHEN HE WAS LAST MAYOR. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, I have two points. The first point is that I was very happy to see that the morning tabloid, suddenly, after years, woke up and realized that we have a crime problem in this town, and more so, a problem with the courts that are turning prisoners loose. I don't know where they've been for the last ten years, but they suddenly got a scoop and put out a new program. Second of all, Mr. Mayor, they put my picture in the paper... Mayor Clark: Yeah, you gave... Commissioner Plummer: ... in reference to the commercial accounts which we all voted for. That picture was forty years ago, and forty pounds, and I am suing them for defamation of character. Thank you. Mayor Clark: It looked like you had just been... It looked like you had just been embalmed, J.L. Blew you up with that juice. Well, it's six-o-three. Next year, let's... We'll do something different on our budget next year. I'm going to be involved in this thing... Vice Mayor Dawkins: Thank you, sir. Mayor Clark: ... for the next hundred years, anyway. Commissioner Plummer: At least. And you'll be out of business. Mayor Clark: To give you an idea, when I was the Mayor of the City of Miami back in the '60s, our budget was thirty-two million dollars. The Manager made fourteen thousand, fire chief made twelve thousand, police chief made thirteen thousand. Commissioner Plummer: Yeah, but Mr. Mayor, let me tell you something. Back when you were the Mayor, we had a guy around here called MelReese. God rest his soul. He always used to say, "You didn't pay me to be a nice guy. You pay me to be an SOB." Mayor Clark: He was that, double. Commissioner Plummer: And we always asked the question, "Why do we get more than our money's worth?" 200 September 8, 1994 Mayor Clark: But that's what relativity is all about, other times and other customs. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 66. (A) DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE f BUDGET FOR FY 1994-95 FOR THE DOWNTOWN DEVELOPMENT AUTHORITY. (B) PUBLIC HEARING HELD. (C) FIRST READING ORDINANCE: DEFINING / DESIGNATING TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI -- FIXING MILLAGE AND LEVYING TAXES IN SAID DISTRICT FOR FY BEGINNING OCTOBER 1, 1994 - SEPTEMBER 30, 1995. (D) FIRST READING ORDINANCE: MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT DISTRICT FOR FY BEGINNING OCTOBER 1, 1994 - SEPTEMBER 30, 1995. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Fifty-four. Mayor Clark: Matthew, you didn't introduce yourself. It's not six-o-five yet. Mr. Matthew Schwartz: Oh, I'm sorry. Mayor Clark: Not yet. Well, we'll give you... Go ahead, Matthew. r ( Mr. Schwartz: Matthew Schwartz, Executive Director of the Downtown Development Authority. Commissioner Gort: Matthew, let me save you some time. Mr. Mayor, the committee was formed and the Finance Committee worked together with staff in putting this proposal together. So I think... Commissioner Plummer: Excuse me, Mr. Mayor and Mr. Gort. fCommissioner Gort: Yes. l Commissioner Plummer: According to protocol, you have to read the millage first. i Commissioner Gort: OK. 4 [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD IN ITS ENTIRETY.] Commissioner Plummer: Willy moves it? Commissioner Gort: Move it. Commissioner Plummer: I second. 4 201 September 8, 1994 i Mayor Clark: Call the roll. Commissioner Plummer: No. Don't you have to go to public hearing? Don't you have public... A. Quinn Jones, I1I, Esq. (City Attorney): He can go ahead and pass it. You can pass it. Commissioner Plummer: Pass it, he said. Vice Mayor Dawkins: Pass it. No one speaks. No one came forward, Mr. Mayor. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT(S), 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, 1994 AND ENDING SEPTEMBER 30, 1995, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WIITHIN 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 Commissioner Gort and seconded by Commissioner Plummer and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre The City Attorney read the ordinance in its entirety into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Gort: Can we make a motion now on the budget, itself? Mr. Mayor, the process that we used, we had a Finance Committee that met with the staff, and they're the one that put the budget together for the first time. It was open to the public, and anybody was welcome to come in. And this is the budget that was adopted for the... by the Board of Directors. For that reason, I move to approval. 202 September 8, 1994 i 1 �\, Vice Mayor Dawkins: Second. Under discuss... Wait a minute. Mr. Jones: Let me read the ordinance and then... Or are we going to discuss first? You want to discuss first? Vice Mayor Dawkins: No, read it. Mr. Jones: Read the ordinance? Vice Mayor Dawkins: Yes. Vice Mayor Dawkins: Call the roll. Mayor Clark: Call the roll. 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, 1994 AND ENDING SEPTEMBER 30, 1995; 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, 1994 AND ENDING SEPTEMBER 30, 1995 FOR THE OPERATIONS OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort and seconded by Vice Mayor Dawkins and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins 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. Vice Mayor Dawkins: Mr. Gort, prior, when J.L. Plummer was over there, Mr. Schwartz, each year... Commissioner, you were not here, but there was a request made to advance the DDA a hundred thousand dollars until the revenue that was collected by the City - County - comes in. Commissioner Gort: Yes, sir. Vice Mayor Dawkins: So if you want that, you move that. I'll second it. 203 September 8, 1994 W Commissioner Gort: No. We did... My understanding is we already passed that last month but... Vice Mayor Dawkins: WHAT? Commissioner Gort: Fortunately, I don't think we're going to need it this year. Vice Mayor Dawkins: You already did that? Commissioner Gort: Yes, sir. i S Vice Mayor Dawkins: OK. Mr. Schwartz: Thank you. Commissioner Gort: Thank you very much. t ---------------------------------------------------------------------------------------------------------------- 67. CITY COMMISSION QUESTIONS ADMINISTRATION AS TO WHETHER THE CITY SHOULD CREATE A QUARTERLY RESERVE TO COVER LOSS OF REVENUE INCURRED AS A CONSEQUENCE OF CITIZENS' SUCCESSFUL ASSESSMENT CHALLENGES. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Manager, let me ask you a question, and I think it might or might not have a bearing or concern. Because of this new provision that the millage would not be more than three percent - I'm sorry, the assessment... Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Plummer: ... should not be raised more than three percent, everybody that I have talked to are filing objections to challenge their assessment, because they know that if they get a reduction now, that it holds for three percent a year thereafter. Do you feel that we should be concerned about that? And if so, should we think about a bigger reserve, or a bigger contingency that... I'm just asking for the record. Because I can tell you, up and down my block, out of ten houses, eight are already asking for it. Mayor Clark: Boy, that's a tough thing.... Mr. Odio: As far as the... You're talking about City budget, the general fund? Commissioner Plummer: The Dade County budget doesn't affect me. Mr. Odio: OK. Commissioner Plummer: I'm worried about the City of Miami. Commissioner Gort: Your ad valorem taxes are going to be... Mr. Odio: If that passes, our growth... 204 September g, 1994 ! Commissioner Plummer: It could be devastating to this City. Mr. Odio: What it will do... Well, Commissioner, remember, for the last three years, we haven't had any growth. In fact, we had reductions. So we... And we absorbed that. What happened - and this is off the cuff - is that your services will be limited as to where you are right now. Commissioner Plummer: Cesar... Mr. Odio: How can you increase police officers or fire... Commissioner Plummer: You can't. You can't. Mr. Odio: That's what it would do. Commissioner Plummer: Sir, again, my concern is people whose assessment this year is the same as it has been for three years. Mr. Odio: Yeah. Commissioner Plummer: And because of that three percent increased assessment per... lock in... that they're all going for a reduction this year. Mr. Odio: That doesn't necessarily mean they will get it, though. They have to have rights... You know, they have to have good reason. Commissioner Plummer: OK. Well, I'm just asking, should we be concerned? Is it a red flag that we should do something about? Mayor Clark: Sure. Oh, yeah. Commissioner Plummer: Should we have a larger contingency than we have presently? I'm concerned about it. Commissioner Gort: You should be. Mr. Odio: We should be concerned. In this budget, there is a contingency that is subject to another transaction we have pending for next year that I did not include in this budget on purpose. Commissioner Plummer: OK. I'm just bringing it up for the record. Mr. Odio: By the way, we have been present at all those meetings. Mayor Clark: Yeah. Commissioner Plummer: But we're locked in. Mr. Odio: It hasn't passed yet. Commissioner Plummer: I can tell you this, Mr. Mayor. At the Florida League of Cities Convention, they were petrified. Vice Mayor Dawkins: Yes, they were, J.L. 205 I i Commissioner Plummer: They were petrified over there. i Mr. Odio: But what I'm saying is two things. We are going to... When they go to appeal, we j are there, also. OK? And... But the logic... You are right in being concerned. Mayor Clark: OK. 3 i Mr. Odio: More than you think. i Mayor Clark: We're going to adjourn right now, folks. We're going to be adjourned. It's six- i thirteen. END OF DISCUSSION -- NO ACTION TAKEN J THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:13 P.M. i� Stephen P. Clark t 1 MAYOR ATTEST: t Matty Hirai CITY CLERK I Walter J. Foeman ASSISTANT CITY CLERK a,. 11 1 21 206 September 8, 1994