Loading...
HomeMy WebLinkAboutCC 1993-01-14 Minutesun ILI 0 rr NUTE OF METING HELD ON JANUARY 14, 1993 REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk ITEMS SUBJECT NO. INDEX MINUTES OF REGULAR NEETING JANUARY 14, 1993 LEGISLATION PAGE NO. 1. (A) CITY MANAGER ANNOUNCES PROMOTIONS DISCUSSION 2-3 IN POLICE DEPARTMENT: (a) CHIEF DONALD 1/14/93 WARSHAW NOW IN CHARGE OF ADMINISTRATIVE DIVISION; (b) LIEUTENANT WILLIAM O'BRIEN PROMOTED TO MAJOR. (B) COMMISSIONER PLUMMER EXPRESSES HIS CONFIDENCE IN POLICE CHIEF CALVIN ROSS AND DISCOUNTS RUMORS THAT HE MAY SOON BE LEAVING THE POLICE DEPARTMENT. 2. (A) ANNOUNCEMENT CONCERNING PROMOTION DISCUSSION 3-4 OF TERRENCE GRIFFIN AS ASSISTANT 1/14/93 DIRECTOR OF PARKS AND RECREATION DEPARTMENT -- KEVIN SMITH APPOINTED AS DIRECTOR OF PARKS FOR MIAMI BEACH (See label 46). (B) COMMISSIONER PLUMMER QUESTIONS CITY MANAGER CONCERNING RECENT SALARY INCREASES IN LIEU OF CAR ALLOWANCES. (C) COMMENDATIONS: (a) OFFICER RICHARD GENTRY -- MOST OUTSTANDING OFFICER (DECEMBER, 1992); (b) OFFICERS RAFAEL MASFERRER AND ELADIO PAEZ -- MOST OUTSTANDING OFFICERS (NOVEMBER, 1992 - UNDERCOVER). 3. CONSENT AGENDA. DISCUSSION 4-5 1/14/93 3.1 ESTABLISH SIX-MONTH PERIOD OF TIME IN R 93-1 5 WHICH SWORN POLICE PERSONNEL MAY 1/14/93 PURCHASE A SECOND ISSUED WEAPON, WITH PROVISOS. 3.2 ACCEPT BID: TEAM EQUIPMENT, INC. -- R 93-2 6 FOR FURNISHING 225 FIREFIGHTER PERSONAL 1/14/93 ALERT SAFETY SYSTEM UNITS (CIP 313237). 3.3 ACCEPT BID: PUBLIC SAFETY DEVICES, R 93-3 6 - INC. -- FOR FURNISHING 100 GAS MASKS 1114/93 FOR DEPARTMENT OF POLICE. _- 3.4 ACCEPT BID: PITMAN PHOTO, INC. -- FOR R 93-4 7 FURNISHING PHOTOGRAPHIC SUPPLIES, ON A 1/14/93 CONTRACT BASIS, FOR DEPARTMENT OF POLICE. 3.5 ACCEPT BID: OCE' BRUNING -- FOR R 93-5 7- FURNISHING SHEET AND ROLL PAPER FOR 1/14/93 =_ BLUEPRINT REPRODUCTION, ON A CONTRACT —_ BASIS, FOR DEPARTMENT OF PUBLIC WORKS. 3.6 ACCEPT BID: BENSON ELECTRIC, INC. -- R 93-6 8 ($40,360, TOTAL BID) -- FOR LUMMUS PARK 1/14/93 REDEVELOPMENT - LIGHTING 1992 B-6203-A - (CIP 331042) -- EXECUTE CONTRACT. 3.7 ACCEPT BID: LEADER CORPORATION -- FOR R 93-7 S = FURNISHING AND INSTALLATION OF 1/14/93 _ PLAYGROUND EQUIPMENT AT LUMMUS PARK (CIP 331042). 3.8 RATIFY EXISTING CONTRACTS ISSUED FOR R 93--8 9 FURNISHING LEASED VEHICLES USED BY CITY 1/14/93 OFFICIALS, ON AN AS NEEDED/WHEN NEEDED BASIS -- DIRECT CITY MANAGER TO ENTER INTO COMPETITIVE NEGOTIATIONS FOR r FUTURE ACQUISITION OF SUCH VEHICLES. 3.9 RATIFY CITY MANAGER'S WAIVER OF RENTAL R 93-9 9 FEES FOR USE OF ORANGE BOWL STADIUM BY 1/14/93 MIAMI JACKSON SENIOR HIGH SCHOOL FOR A FOOTBALL GAME (See label 6). 3.10 RATIFY CITY MANAGER'S WAIVER OF RENTAL R 93-10 10 FEES FOR USE OF ORANGE BOWL STADIUM BY 1/14/93 - MIAMI SENIOR HIGH SCHOOL FOR TWO FOOTBALL GAMES (See label 6). 3.11 AUTHORIZE CITY MANAGER TO EXECUTE R 93-11 10 AGREEMENT WITH DAVID M. GRIFFITH & 1/14/93 ASSOCIATES, LTD. -- TO PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN -_ FOR THE PURPOSE OF RECOVERING OVERHEAD COSTS FROM GRANTS FOR FY 1992. _ 3.12 AUTHORIZE CITY MANAGER TO EXECUTE R 93-12 11 AGREEMENT WITH ALLAPATTAH BUSINESS 1/14/93 DEVELOPMENT AUTHORITY, INC. -- TO ASSIST IN IMPLEMENTATION AND COORDINATION OF A COMPREHENSIVE COMMERCIAL FACADE EXTERIOR REHABILITATION PROGRAM. 3.13 APPROVE GRANT OF TEMPORARY CONSTRUCTION R 93-13 11 EASEMENT ON WATSON ISLAND TO FLORIDA 1/14/93 DEPARTMENT OF TRANSPORTATION -- FOR USE AS STAGING AREA FOR BRIDGE GIRDERS, CONCRETE BRIDGE SEGMENTS AND OTHER RELATED WORK FOR CONSTRUCTION OF MACARTHUR CAUSEWAY HIGH LEVEL BRIDGE AND APPROACHES. 3.14 APPROVE, IN PRINCIPLE, DESIGNATION OF R 93-14 12 THE EAST LITTLE HAVANA COMMUNITY 1/14/93 DEVELOPMENT CORPORATION AS SPONSOR TO UNDERTAKE DEVELOPMENT OF A LOW DENSITY RESIDENTIAL HOMEOWNERSHIP PROJECT AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME -- ON SEVERAL VACANT CITY -OWNED PARCELS IN EAST LITTLE HAVANA NEIGHBORHOOD (S.W. 2 AND 3 STREETS BETWEEN S.W. 4 AND 5 AVENUES). 3.15 AUTHORIZE CITY MANAGER TO APPLY FOR A R 93-15 12-13 HIGHWAY BEAUTIFICATION GRANT FROM 1/14/93 FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BRICKELL AVENUE MEDIAN FROM S.E. 15 ROAD THROUGH S.E. 26 ROAD BEAUTIFICATION PROJECT. 3.16 APPROVE USE OF STREETS / THOROUGHFARES R 93-16 13 DURING JOSE MARTI PARADE TO BE 1/14/93 CONDUCTED BY BIPRISA. 3.17 CONFIRM REAPPOINTMENT OF CERTAIN R 93-17 13 INDIVIDUALS TO OFF-STREET PARKING BOARD 1/14/93 (Reappointed were: Olivia B. Peart, Arthur H. Hertz). 3.18 REAPPOINT CERTAIN INDIVIDUALS TO THE R 93-18 13-14 FIRE FIGHTERS' AND POLICE OFFICERS' 1/14/93 RETIREMENT TRUST (Reappointed were: Al Gurdak, Charlie Hall). 3.19 CLAIM SETTLEMENT: BARBARA LEVENSON, R 93-19 LEONARD J. COOPERMAN, AND AMERICAN 1/14/93 POLITICAL SIGNS OF FLORIDA, INC. ($12,580) (CASE NO. 92-1394-CIV- ATKINS). 4. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION ACCEPTANCE OF BID OF MIAMI FIRE 1/14/93 EQUIPMENT -- FOR FURNISHING INSPECTION, TESTING AND REPAIR SERVICES TO CITY FIRE EXTINGUISHERS (See label 52). 5. ESTABLISH SPECIAL CHARGES FOR USE OF R 93-20 BOBBY MADURO MIAMI BASEBALL STADIUM BY 1/14/93 CENTRAL AMERICAN SOCCER ASSOCIATION, INC. FOR PRESENTATION OF AMATEUR SOCCER GAMES -- EXECUTE AGREEMENT. 6. (Continued Discussion) CONCERNING DISCUSSION REQUESTS FROM: (a) MIAMI JACKSON SENIOR 1114/93 HIGH SCHOOL, AND (b) MIAMI SENIOR HIGH SCHOOL FOR WAIVER OF RENTAL FEES FOR USE OF ORANGE BOWL (See labels 3.9 and 3.10) 7. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION RESOLUTION CONFIRMING CITY ATTORNEY'S 1/14/93 REAPPOINTMENT OF SWEETAPPLE, BROEKER, VARKAS, PA TO SERVE AS SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD (See label 45). 8. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONSIDERATION OF PROPOSED RESOLUTION TO 1/14/93 UPHOLD PUBLIC WORKS DIRECTOR'S DECISION TO DENY A SIDEWALK CAFE PERMIT FOR SIDEWALK AREA ADJACENT TO ELENA'S ITALIAN RESTAURANT, INC.'S LEASEHOLD (d/b/a CAFE SCI-SCI) (See label 39). 9. (A) AUTHORIZE CITY MANAGER TO ACCEPT R 93-21 GRANT ($50,000) FROM STATE OF FLORIDA 1/14/93 DEPARTMENT OF COMMUNITY AFFAIRS, ENTITLED: OVERTOWN NEIGHBORHOOD PARTNERSHIPS -- APPROVE EXPENDITURE OF $16,667 FROM LAW ENFORCEMENT TRUST FUND AS CITY OF MIAMI POLICE DEPARTMENT'S LOCAL AGENCY REQUIRED MATCH -- AUTHORIZE EXECUTION OF ALL DOCUMENTS. (B) DISCUSSION CONCERNING FUNDS FOR POLICE DEPARTMENT'S FLOAT. 14 14-16 17-29 29-32 32-33 33 34-36 jok v 1fl. (A) AUTHORIZE ISSUANCE OF $20,000,000 ORDINANCE 36-41 PARKING SYSTEM REVENUE BONDS (IN ONE OR 11033 MORE SERIES) FOR PURPOSE OF REFUNDING DISCUSSION CITY'S: (a) $16*276,000 PARKING SYSTEM 1/14/93 REVENUE BONDS (SERIES 1986); AND (b) $2.000,000 SUBORDINATED PARKING SYSTEM REVENUE BONDS (SERIES 1986). (8) DISCUSS PROPOSED PLAN TO HIRE WACKENHUT TO PATROL BISCAYNE BOULEVARD PARKING MEDIAN TO PROTECT THE PUBLIC FROM INDIVIDUALS OFFERING TO "PROTECT" CARS FOR A FEE. (C) COMMISSIONER DAWKINS INSTRUCTS DEPARTMENT OF OFF-STREET PARKING TO GO EASY ON TOWING AWAY CARS WITH OUT-OF- STATE LICENSES, BECAUSE OF POTENTIAL EFFECT ON TOURISM. 11. PRESENTATION OF AN AWARD BY LUIS DE DISCUSSION 41-42 ROSA, MANAGING DIRECTOR OF THE PUERTO 1/14/93 RICAN CULTURAL FOUNDATION, INC, TO THE CITY OF MIAMI AND CITY COMMISSION FOR THEIR SUPPORT OF THE 1992 ANNUAL PUERTO RICAN CULTURAL PARADE / FESTIVAL. 12. FIRST READING ORDINANCE: ESTABLISH NEW ORDINANCE 42-43 SPECIAL REVENUE FUND: DADE COUNTY EMS FIRST READING GRANT AWARD (FY 193) -- APPROPRIATE 1/14/93 $223,937 FOR ITS OPERATION CONSISTING OF: (a) $136,703 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) UNDER FLORIDA EMERGENCY MEDICAL SERVICES GRANT PROGRAM FOR COUNTIES; AND (b) $87,234 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT AWARD AND ENTER INTO NECESSARY LETTER OF UNDERSTANDING. 13. DISCUSS AND TEMPORARILY TABLE DISCUSSION 44-47 CONSIDERATION OF PROPOSED FIRST 1/14/93 READING ORDINANCE ESTABLISHING NEW SPECIAL REVENUE FUND: TRANSPORTATION PLANNING AND COORDINATION (See label 49). 40 14. DENY PROPOSED FIRST READING ORDINANCE TO AMEND CODE SECTION 6-1 (RESTRICTIONS ON KEEPING POULTRY, FOWL OR GRAZING ANIMALS) BY AMENDING THE TERM "GRAZING ANIMALS" TO INCLUDE "PIGS", AND TO ALLOW MINIATURE, DOMESTICATED, POTBELLIED, VIETNAMESE PIGS IN THE CITY. 15e (A) FIRST READING ORDINANCE: AMEND CODE SECTIONS 2-313, 2-314, 2-316, 2-318 AND ADD 2.319 BY ADDING ! AMENDING DEFINITIONS, EXPANDING LOBBYIST REGULATIONS TO INCLUDE ACTIONS, DECISIONS AND RECOMMENDATIONS OF CITY COMMISSION, CITY STAFF AND CITY BOARDS -- PROVIDE A FEE FOR LOBBYIST REGISTRATION -- REQUIRE CITY CLERK TO PUBLISH PERIODIC LOGS -- PROVIDE EXCLUSIVE PENALTIES, PROHIBIT CONTINGENCY FEES, PROVIDE A SAVINGS CLAUSE. (B) CITY COMMISSION REQUESTS CITY ATTORNEY TO CLARIFY JENNINGS INTENT -- DIRECT ATTORNEY TO DESIGN A FORM TO BE PLACED IN EACH COMMISSIONER'S OFFICE TO BE SIGNED BY ALL WHO LOBBY IN CONNECTION WITH QUASI JUDICIAL MATTERS. 16. (A) DISCUSS AND (DEFER PROPOSED FIRST READING ORDINANCES: (a) TO AMEND CODE SECTION 2-422(b)(1) BY REQUIRING THAT THE TERM OF CITY COMMISSIONER SERVING AS CHAIRPERSON OF INTERNATIONAL TRADE BOARD BE REVIEWED BY CITY COMMISSION ON OR ABOUT JUNE 1ST EACH YEAR; AND (b) TO AMEND CODE SECTION 14-26(c)(1) BY REQUIRING THAT THE TERM OF CITY COMMISSIONER SERVING AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD BE REVIEWED BY THE CITY COMMISSION ON OR ABOUT JUNE 1ST EACH YEAR (See label 50). (B) COMMISSIONER ALONSO DEMANDS EQUAL RIGHTS AND OPPORTUNITY TO BE CHAIRPERSON OF A CITY BOARD NEXT JUNE. Ll M 93-22 1/14/93 ORDINANCE FIRST READING 1/14193 DISCUSSION 1/14/93 48-51 51-58 59-65 Ll 17. DISCUSSION CONCERNING ONGOING NEGOTIATIONS WITH AT&T CONCERNING THEIR PROPOSED SUBSIDY, AND A ROLLING MARQUEE BOARD TO BE INSTALLED AT THE ENTRANCE OF BAYFRONT PARK TO ANNOUNCE EVENTS TAKING PLACE IN THE PARK -- COMMISSIONER PLUMMER SEEKS DIRECTION CONCERNING NEGOTIATIONS. 18. (A) SET POLICY OF THE CITY COMMISSION THAT THE CITY SHALL NOT ARREST ANY HOMELESS INDIVIDUAL SOLELY ON THE GROUNDS OF BEING HOMELESS. (B) APPROVE $100,000 FROM LAW ENFORCEMENT TRUST FUND FOR PURPOSE OF RELOCATING HOMELESS PEOPLE OUT OF THE "MUD FLATS" AND INTO REHABILITATION CENTERS -- DIRECT CITY MANAGER TO PLACE $100,000 IN RESERVE, AS THE CITY'S PORTION, UNTIL MATCHING CONTRIBUTIONS FROM THE STATE AND THE COUNTY ARE IN PLACE. 19. DIRECT CITY MANAGER TO IDENTIFY AND MAKE AVAILABLE A SITE WITHIN CITY LIMITS AS LONG AS, CONCOMITANTLY THEREWITH, METROPOLITAN DADE COUNTY IDENTIFIES TWO OTHER EXACT SITES WITHIN THE COUNTY, FOR PROPOSED CONSTRUCTION OF CENTERS TO PROVIDE ASSISTANCE / SERVICES TO THE HOMELESS. 20. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CERTAIN CITY - OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSAL (RFP) FOR A UDP -- CONCERNING DEVELOPMENT OF IMPROVEMENTS TO THE SAILING CLUB ON WATSON ISLAND CALLED: MIAMI YACHT CLUB. 21. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CERTAIN CITY- -,, OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE CITY MANAGER TO PREPARE A DRAFT REQUEST =; FOR PROPOSAL (RFP) FOR A UDP -- CONCERNING DEVELOPMENT OF IMPROVEMENTS r; TO MOTORBOAT PROPERTY ON WATSON ISLAND CALLED: MIAMI OUTBOARD CLUB. DISCUSSION 1/14/93 M 93-23 R 93-24 1/14/93 R 93-25 1/14/93 R 93-26 1/14/93 R 93-27 1/14/93 66-68 68-85 86-120 120-124 124-125 11 21.1 MAYOR SUAREZ INFORMS THOSE PRESENT THAT DISCUSSION THE DELAY IN STARTING THE AFTERNOON 1/14/93 SESSION WAS BECAUSE SOME OF THE COMMISSIONERS WERE LISTENING TO PRESIDENT-ELECT CLINTON SPEAKING ON THE HAITIAN ISSUE, ETC. 22. AUTHORIZE PURCHASE OF APPROXIMATELY 225 R 93-28 PROTECTIVE CLOTHING ENSEMBLES FROM 1/14/93 GLOBE FIREFIGHTERS SUITS (UNDER EXISTING BROWARD COUNTY BID NO. M-08- 91-20-12). 23. (A) DISCUSS AND DEFER, FOR FURTHER DISCUSSION INFORMATION, PROPOSED RESOLUTION TO 1/14/93 APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST BY ADVANCED DATA PROCESSING, INC. (IN CONNECTION WITH RFP 92-93-015 FOR MEDICAL TRANSPORTATION BILLING AND COLLECTION SERVICES). (B) DISCUSS AND DEFER, FOR FURTHER INFORMATION, PROPOSED RESOLUTION TO ACCEPT PROPOSAL OF CONSOLIDATED MEDICAL SERVICES TO FURNISH MEDICAL TRANSPORTATION BILLING AND COLLECTION SERVICES TO DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. 24. AUTHORIZE PURCHASE OF 170 1993 R 93-29 CHEVROLET CAPRICE PURSUIT VEHICLES 1/14/93 (UNDER EXISTING DADE COUNTY BID NO. 3407-OEC-CW) FROM ED MORSE CHEVROLET -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE. 25. (A) AUTHORIZE PAYMENT OF $76,994.76 TO R 93-30 BLACK AND FURCI, PA -- FOR ATTORNEYS R 93-31 FEES AND COSTS INCURRED BY DR. LUIS 1/14/93 PRIETO-PORTAR, DIRECTOR OF DEPARTMENT OF PUBLIC WORKS (State of Florida vs. Luis Prieto-Portar and Elio Rojas, Circuit Court Case No. 92-1452). (B) STIPULATE THAT NO CITY EMPLOYEE SHALL AVAIL HIMSELF/HERSELF OF OUTSIDE COUNSEL SERVICES UNLESS PRIOR APPROVAL IS OBTAINED FROM CITY COMMISSION. 126-127 127-128 128-137 137-150 150-165 26. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONSIDERATION OF PROPOSED RESOLUTION TO 1/14/93 APPOINT AN INDIVIDUAL TO SERVE ON THE COCONUT GROVE STANDING FESTIVAL COMMITTEE (See label 29). 27. APPOINT AN INDIVIDUAL AS ONE OF THE R 93-32 CITY'S REPRESENTATIVES TO THE METRO- 1/14193 DADE COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE (Appointed was: Gladys Margarita Diaz). 28. APPOINT INDIVIDUALS TO SERVE AS MEMBERS R 93-33 OF THE AFFIRMATIVE ACTION ADVISORY 1/14/93 BOARD (Appointed was: Gloria Rosello; one appointment still pending). 29. (Continued Discussion) APPOINT R 93-34 INDIVIDUAL TO SERVE ON THE COCONUT 1/14/93 GROVE STANDING FESTIVAL COMMITTEE (Appointed was: Joseph Bardinella) (See label 26). 30. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION PROPOSED RESOLUTION TO APPOINT AN 1/14/93 INDIVIDUAL AS MEMBER OF THE HEALTH FACILITIES AUTHORITY. 31. APPOINT / REAPPOINT INDIVIDUALS TO R 93-35 URBAN DEVELOPMENT REVIEW BOARD 1/14/93 (Reappointed were: Willy Bermelto, Jose Ferradaz & Humberto Alonso; appointed was: Oscar Gonzalez, Sr.) 32. APPOINT / REAPPOINT INDIVIDUALS TO R 93-36 SERVE AS REGULAR / ALTERNATE MEMBERS OF 1/14/93 ZONING BOARD (Reappointed were: Arsenio Milian, Osvaldo Moran & Gloria Basila). 33. DISCUSSION CONCERNING VICE MAYOR DE DISCUSSION YURRE'S REQUEST TO HAVE ZONING BOARD 1/14/93 AND PLANNING ADVISORY BOARD MEMBERS' TERMS COINCIDE WITH APPOINTING COMMISSIONERS' TERMS. 34. APPOINT / REAPPOINT INDIVIDUALS TO R 93-37 SERVE AS REGULAR / ALTERNATE MEMBERS OF 1/14/93 THE PLANNING ADVISORY BOARD (Reappointed were: W. Tucker Gibbs & Mertis C. McCants; one appointment still pending). 166 166-167 166-169 169-170 170-171 171-172 172-173 173-175 175-178 _u s4 Am- _k 3S. APPOINT J REAPPOINT INDIVIDUAL TO SERVE R 93-38 179-180 AS MEMBER OF MIAMI SPORTS AND 1/14/93 - EXHIBITION AUTHORITY (Reappointed was: _ Julius "Skip" Shepard). - -}' 36. APPOINT / REAPPOINT INDIVIDUAL TO SERVE R 93-39 180-181 = =+ AS MEMBER OF THE COMMISSION ON THE 1/14/93 STATUS OF WOMEN (Reappointed was: Monna _- Lighte). - - 37. DISCUSS AND DEFER FURTHER DISCUSSION DISCUSSION 181-202 RELATING TO VEHICULAR PURSUIT AND 1/14/93 LATERAL VASCULAR RESTRAINT PROCEDURES _ PRESENTLY IN USE BY POLICE DEPT, 38. DISCUSSION CONCERNING PROPOSED REVISION DISCUSSION 202-216 TO CITY'S PROCUREMENT PROCEDURES. 1/14/93 zommom - -�f - - 39. (A) (Continued Discussion) UPHOLD R 93-40 216-247 PUBLIC WORKS DIRECTOR'S DECISION TO 1/14/93 - DENY A SIDEWALK CAFE PERMIT FOR A SIDEWALK AREA IMMEDIATELY ADJACENT TO — ELENA'S ITALIAN RESTAURANT, INC.'S — A LEASEHOLD (d/b/a CAFE SCI-SCI) (See _ label 8). (B) MAYOR SUAREZ INTRODUCES THE = HONORABLE MARTIN LUTHER KING, III, COMMISSIONER FOR FULTON COUNTY, GEORGIA. - 40. DISCUSS AND DEFER FURTHER DISCUSSION DISCUSSION 247-249 CONCERNING THE SPRING GARDEN 1/14/93 - NEIGHBORHOOD'S CONCERNS AND THE PROBLEM _- OF CRIME, DUE TO NONAPPEARANCE BY - INTERESTED PARTIES. 41. DECLARE CITY OF VARNA BULGARIA AS A M 93-41 249-250 - SISTER CITY OF THE CITY OF MIAMI -- 1/14/93 — CITY OF MIAMI TO SEND A LIAISON TO - EVALUATE THEIR HOUSING NEEDS. —= 42. DISCUSS AND REFER TO CITY MANAGER M 93-42 250-252 REQUEST BY REPRESENTATIVES OF THE NEW 1/14/93 - WORLD FOUNDATION FOR PROPOSED PLACEMENT - OF THE NEW WORLD STATUE (OF CHRISTOPHER - COLUMBUS) ON CITY -OWNED LAND -- REQUEST =G' MANAGER TO MAKE RECOMMENDATIONS. 43. DISCUSSION CONCERNING C.C.A.L. (d/b/a DISCUSSION 252-259 MIAMI STADIUM FLEA MARKET) -- ALLOW 1/14/93 C.C.A.L. TO CONTINUE TO OPERATE ON SIDEWALK, PENDING CLEANUP OF HURRICANE DEBRIS IN THE AREA. 44. DISCUSSION CONCERNING MR. ART DISCUSSION 260-269 MARTINEZ'S COMPLAINTS CONCERNING TOTAL 1/14/93 LACK OF SECURITY, AND SAFETY PROBLEMS ASSOCIATED WITH HIS HOUSING PROJECTS (MIAMI LIMITED AND MIAMI LIMITED II) -- ADMINISTRATION DIRECTED TO ASSIST IN EVERY POSSIBLE WAY. 45. (Continued Discussion) CONFIRM CITY R 93-43 269-271 ATTORNEY'S REAPPOINTMENT OF SWEETAPPLF, 1/14/93 BROEKER, VARKAS, PA TO SERVE AS SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD (See label 7). 46. (Continued Discussion) CITY COMMISSION DISCUSSION 271-273 INTRODUCES TERRENCE GRIFFIN, THE NEWLY- 1/14/93 APPOINTED ASSISTANT DIRECTOR OF PARKS AND RECREATION -- COMMISSIONER DAWKINS POINTS OUT THAT MR. GRIFFIN IS THE FIRST BLACK ADMINISTRATOR IN PARKS DEPT. (See label 2A) 47. AUTHORIZE INCREASE (NOT TO EXCEED R 93-44 273-274 $125,000) FOR CONTRACT WITH ROENCA- 1/14/93 DADE, INC. -- FOR THE SOUTH FLAGLER SANITARY SEWER IMPROVEMENT B-5540. 48. WAIVE REQUIREMENTS FOR COMPETITIVE R 93-45 274-275 SEALED BIDS -- APPROVE PURCHASE OF A 1/14/93 CRASH KIT: FOR UNINTERRUPTED POWER SUPPLY (UPS) SYSTEM OF FIRE DEPARTMENT'S COMMUNICATIONS CENTER -- FROM ELGAR CORPORATION, SOLE SOURCE VENDOR. 49. (A) FIRST READING ORDINANCE: ESTABLISH R 93-46 276-270 NEW SPECIAL REVENUE FUND: ORDINANCE TRANSPORTATION PLANNING AND FIRST READING COORDINATION -- APPROPRIATE $156,000 FOR OPERATION, CONSISTING OF: (a) $120,000 GRANT FROM METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA MPO; AND (b) $35,000 FROM PRIVATE DEVELOPER -- AUTHORIZE ACCEPTANCE OF GRANT. (B) (Continued Discussion) AUTHORIZE EXECUTION OF INTER -LOCAL AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, CITY OF HIALEAH, AND CITY OF HOMESTEAD -- TO IMPLEMENT THE RECONSTITUTION OF THE METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE MIAMI URBANIZED AREA (See label 13). 50. (Continued Discussion) FIRST READING ORDINANCE 279-281 ORDINANCE: AMEND CODE SECTION 2- FIRST READING 422(b)(1) -- REQUIRE THAT TERM OF 1114/93 COMMISSIONER SERVING AS CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD BE — REVIEWED BY THE COMMISSION ON OR ABOUT _ JUNE 1ST EACH YEAR, RESULTING IN =_ SELECTION OF A NEW CHAIRPERSON OR REAPPOINTMENT OF EXISTING CHAIRPERSON (See label 16A). 51. (Continued Discussion) FIRST READING ORDINANCE 281--282 - ORDINANCE: AMEND CODE SECTION 14- FIRST READING 26(c)(1) -- REQUIRE THAT TERM OF 1/14/93 COMMISSIONER SERVING AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD BE REVIEWED BY THE COMMISSION ON _ OR ABOUT JUNE 1ST EACH YEAR, RESULTING IN SELECTION OF A NEW CHAIRPERSON OR { REAPPOINTMENT OF EXISTING CHAIRPERSON (See label 16B). 52. (Continued Discussion) ACCEPT BID OF R 93-47 282-204 MIAMI FIRE EQUIPMENT -- FOR FURNISHING 1/14/93 INSPECTION, TESTING AND REPAIR SERVICES - TO CITY FIRE EXTINGUISHERS (See label =_ 4) . 7 7 `i 4 53. EXECUTE ADDENDUM TO LEASE AGREEMENT R 93-48 284-290 (JUNE 27, 1991) WITH BAYVIEW 1/14/93 - ASSOCIATES, INC. IN LEASING ADDITIONAL SQUARE FOOTAGE BY FEMA AT DUPONT PLAZA TO BE USED BY CITY'S HURRICANE RELIEF - TASK FORCE. 54. URGE MIAMI SPORTS AND EXHIBITION M 93-49 290-293 _ AUTHORITY'S BOARD TO FIND A WAY TO 1/14/93 CONTINUE FINANCING THE MIAMI MILE PROJECT AS IT REPRESENTS A FINE ENDEAVOR FOR THE CITY OF MIAMI. -_ 55. DISCUSS, AND REFER TO CITY MANAGER, DISCUSSION 293-294 LOW CLAIM BY THE CHILD ASSAULT PREVENTION 1/14/93 ASSOCIATION THAT MONIES WHICH HAD BEEN PLEDGED TO THEM TO PAY FOR THE USE OF GUSMAN CENTER ON APRIL 3, 1993 HAD NOT =- BEEN RECEIVED. 56. (A) STIPULATE THAT CITY OF MIAMI R 93-50 294-297 = RECOGNIZES, IN PRINCIPLE, THE RIGHTS OF DISCUSSION THE HOMELESS TO PERFORM BASIC DAILY 1/14/93 LIFE -SUSTAINING FUNCTIONS AND ACTIVITIES WITHIN JURISDICTION OF THE CITY. (B) DISCUSSION CONCERNING PROBLEM! CAUSED BY LOW WATER PRESSURE IN THE CITY DUE TO THE HOMELESS USING HYDRANTS- TO BATHE. 57. RATIFY ACTION TAKEN BY CITY MANAGER BY R 93-51 297-299 EXTENDING, TO APRIL 13, 1993, THE 1/14/93 REQUEST FOR PROPOSALS SUBMISSION- DEADLINE FOR THE UNIFIED DEVELOPMENT OF CITY -OWNED WATERFRONT PROPERTY AT 2640 = SOUTH BAYSHORE DRIVE. 58. URGE FLORIDA STATE LEGISLATURE TO R 93-52 299-300 - SUPPORT ADOPTION OF A MUNICIPAL CLERKS' 1/14/93 -_ CAPITAL EQUIPMENT MODERNIZATION TRUST FUND. _ 59. GRANT REQUEST BY MIAMI DADE COMMUNITY R 93-53 301-302 COLLEGE FOR CLOSURE OF DESIGNATED 1/14/93 STREETS CONCERNING THE WOLFSON CAMPUS GROUND -BREAKING CEREMONY (PHASE III) ON - FEBRUARY 3, 1993, WITH PROVISOS. 60. AUTHORIZE CITY MANAGER AND DOWNTOWN R 93-54 DEVELOPMENT AUTHORITY TO APPLY FOR A 1/14/93 HIGHWAY BEAUTIFICATION GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BRICKELL AVENUE MEDIAN PROJECT (FROM 5TH STREET TO 15TH ROAD). 61. AUTHORIZE CITY MANAGER TO ENTER INTO A R 93-55 HIGHWAY MAINTENANCE MEMORANDUM OF 1/14/93 AGREEMENT WITH FLORIDA DEPARTMENT OF 'TRANSPORTATION FOR )HE BRICKELL AVENUE MEDIAN PROJECT (FROM 5TH STREET TO 15TH ROAD). 62. GRANT REQUEST BY MIAMI FILM FESTIVAL R 93-56 FOR CLOSURE OF DESIGNATED STREETS 1/14/93 CONCERNING CONCERNING THEIR CLOSING CEREMONY, WITH CONDITIONS. 63. RESCHEDULE JANUARY 28TH COMMISSION R 93-57 MEETING (PLANNING AND ZONING) TO 1/14/P3 COMMENCE AT 3:00 P.M. 302-303 304-305 305-307 308-310 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of January, 1993, 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 9:10 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Xavier L. Suarez Cesar Odio, City Manager Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ASSENT: Vice Mayor Victor De Yurre A. Quinn Jones, III, City Attorney An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. u NOTE FOR THE RECORD:By memorandum from City Manager Cesar 6dio, agenda Tfems 3 and 19 were withdrawn. ---------------------------------------------------------- i January 14, 1993 I. (A) CITY MANAGER ANNOUNCES PROMOTIONS IN POLICE DEPARTMENT: (a) CHIEF DONALD WARSHAW NOW IN CHARGE OF ADMINISTRATIVE DIVISION; (b) LIEUTENANT WILLIAM O'BRIEN PROMOTED TO MAJOR. (B) COMMISSIONER PLUMMER EXPRESSES HIS CONFIDENCE IN POLICE CHIEF CALVIN ROSS AND DISCOUNTS RUMORS THAT HE MAY SOON BE LEAVING THE POLICE DEPARTMENT. ------------------------------------------------------------------------------ Mayor Suarez: Mr. Manager, we have, I know, a couple of announcements and if you would like to introduce the newly promoted staff members of the Police Department. Mr. Cesar Odio (City Manager): Mr. Mayor, I'd like to introduce newly appointed Chief Don Warshaw and now... Mayor Suarez: The Chief will be in charge of administrative... Mr. Odio: ...an administration and... Mayor Suarez: ...administration division... Administrative division. Mr. Odio: ...ex -lieutenant O'Brien, now Major. Congratulations. Mayor Suarez: And I've been warned not to let Lieutenant O'Brien, now Major O'Brien say anything, because he can be pretty talkative. But overall I think the changes have reduced the amount of verbosity in the Police Department. With no further elaboration of what I mean by that, we have a few commendations also for police officers. Outstanding officer of the month, coincidentally... Is Officer Richard Gentry here? Officer, would you come — around the back? Commissioner Alonso: We are extremely pleased to see this. Congratulations. d And also it is in order to say that, at least for one vote, I'm very much behind Chief Ross. It has, I believe, the overwhelming support of all of us in the City of Miami. Mayor Suarez: Sometimes it becomes necessary to make those clarifications. God knows why. But... — — Commissioner Alonso: Indeed. Indeed. Otherwise you get calls at 11:00 — o'clock at night... MEC Mayor Suarez: Yes. The media... Commissioner Alonso: ...from TV stations, asking you what's your stand. -_ Mayor Suarez: We refer them all to M.J. here, but... Commissioner Plummer: Well, you know, it's obvious to some people's advantage -_ to do that around here when they're trying to stir the pot and keep things } uneven. And I'm sure they're doing it for their best advantage. I was asked - _' 2 January 14, 1993 the other night, the same as I'm sure all of you were, as to whether or not I had heard... not just was the Chief leaving, but was Mr. Odio leaving. And I said, you know, we're not that lucky. But the truth of the matter is, and I stated it then, I'll state it again, that I think that the Police Department, the Chief is doing a good job. But because maybe that I disagree with something they do doesn't mean that he's going to get fired. But I will always reserve my right to do what I think is right and to disagree when I think it should be disagreed. 2. (A) ANNOUNCEMENT CONCERNING PROMOTION OF TERRENCE GRIFFIN AS ASSISTANT DIRECTOR OF PARKS AND RECREATION DEPARTMENT -- KEVIN SMITH APPOINTED AS DIRECTOR OF PARKS FOR MIAMI BEACH (See label 46) . (B) COMMISSIONER PLUMMER QUESTIONS CITY MANAGER CONCERNING RECENT SALARY INCREASES IN LIEU OF CAR ALLOWANCES. (C) COMMENDATIONS: (a) OFFICER RICHARD GENTRY -- MOST OUTSTANDING OFFICER (DECEMBER, 1992); (b) OFFICERS RAFAEL MASFERRER AND ELADIO PAEZ -- MOST OUTSTANDING OFFICERS (NOVEMBER, 1992 - UNDERCOVER). Mayor Suarez: Ladies and gentlemen... Mr. Odio: Mr. Mayor, if I may, please. Mayor Suarez: Yes. Commissioner Plummer: People could capitalize on that. Mr. Odio: Just another promotion and he's not here. The Department of Public... Parks and Recreation lost Kevin Smith, who was appointed Director of Parks and Recreation for the City of Miami Beach and in his place we have promoted Terry Griffin, who happens to be, I think, a great guy. I wish he was... I'm going to ask Ruder to bring him in here because you'll like this young man. He has a hell of a good future ahead of him. Commissioner Plummer: Mr. Manager. Mayor Suarez: Very good. Yes, Commissioner. Commissioner Plummer: Through you... Mr. Mayor, through you... I congratulate all of these people that are getting these promotions, but I have to go back and ask. At the beginning of the year you told me, and this Commission, that you were going to start cutting down on promotions and cutting down. And yet I hear continuously nothing but promotions, increases in salaries, and I want to get to later on being told that we the Commission passed a policy in reference to take-home cars, and now people have been paid in dollars the equivalent of a take-home car that was taken away. I don't know what we accomplished, if it's true. But just for the record, it's my understanding in the budget of last year, before Saint Andrew hit here and saved us for this particular year... I don't see any cutting. I... 3 January 14, 1993 2 �_•�` y. m}.t..b�.a�AlFmre,.nati:�.Cln+�pk+M � Mayor Suarez: Can we hold the thought until we complete the presentation to Officer Gentry, please? Commissioner Plummer: Sure, sure. 1. Commendation to Officer Richard Gentry for having been selected Most Outstanding Officer for the month of December 1992. 2. Commendations to Officers Rafael Masferrer and Eladio Paez for having been selected Most Outstanding Officers for the month of November 1992. (Officers Masferrer and Paez could not accept publicly because they are undercover agents.) — ----------------------- NOTE FOR THE RECORD: On a motion duly made by Commissioner Plummer and seconded by Commissioner Alonso, the minutes of Planning b Zoning Commission meeting of October 22, 1992 were approved by the Commission. 3. CONSENT AGENDA. Mayor Suarez: We have the consent agenda, which is comprised of items CA-1 through CA-23. Ladies and gentlemen, this consent agenda is going to be voted on collectively, unless anyone wants to hear any of the items individually. So, if you do, please step forward. And since no one did, we will entertain... Yes, Mr. Lee. Any items that have been removed? Mr. Wally Lee (Assistant City Manager): Yes, Mr. Mayor. Not withdrawn, but just to clarify - item CA-15, we need a signature block for the State of Florida to sign - just a small modification. - Mayor Suarez: All right. That sounds like the kind of insubstantial change that should not create any problem. — Commissioner Plummer: CA-15? '- Mayor Suarez: Just a signature blocks, that's all? The State of Florida? OK. Any other items? Commissioner Plummer: Well, I have... Mayor Suarez: Clarifications or otherwise? Commissioner Plummer: ...a question on 15. Commissioner Dawkins: I've got a question on 3. Mayor Suarez: OK. On CA-3. 4 January 14, 1993 Mayor Suarez: Twenty-one and 23, Commissioner Dawkins? Commissioner Dawkins: Three, please. Mayor Suarez: CA-3. All right. As to items CA-1 through CA-23, with the exception of 3, 16, 21 and 23, I'll entertain a motion. Commissioner Plummer: So moved. Commissioner Alonso: Moved Mayor Suarez: Moved. Second. Call the roll, please. THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, THE CONSENT AGENDA ITEMS WERE PASSED AND ADOPTED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre 3.1 ESTABLISH SIX-MONTH PERIOD OF TIME IN WHICH SWORN POLICE PERSONNEL MAY PURCHASE A SECOND ISSUED WEAPON, WITH PROVISOS. RESOLUTION NO. 93-1 A RESOLUTION ESTABLISHING A SIX-MONTH PERIOD OF TIME, COMMENCING WITH THE ADOPTION OF THIS RESOLUTION, IN WHICH SWORN POLICE PERSONNEL MAY PURCHASE A SECOND ISSUED WEAPON, PROVIDED THAT MORE THAN ONE WEAPON HAD BEEN ISSUED TO SAID PERSONNEL AND THAT SUCH WEAPON IS AVAILABLE, AT A PRICE WHICH IS EQUAL TO OR GREATER THAN THE AMOUNT THAT WOULD BE REASONABLY ANTICIPATED FROM THE SALE OF SUCH WEAPON THROUGH PUBLIC AUCTION; FURTHER ACTIONS TAKEN BY THE CITY MANAGER AUTHORIZING THE PURCHASE OF SUCH WEAPONS BY SWORN POLICE PERSONNEL FOR THE PERIOD OF TIME FROM THE EXPIRATION OF RESOLUTION NO. 91-502 TO THE ADOPTION OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 January 14, 1993 3.2 ACCEPT BID: TEAM EQUIPMENT, INC. -- FOR FURNISHING 225 FIREFIGHTER PERSONAL ALERT SAFETY SYSTEM UNITS (CIP 313237). RESOLUTION NO. 93-2 A RESOLUTION ACCEPTING THE BID OF TEAM EQUIPMENT, INC. FOR THE FURNISHING OF TWO -HUNDRED AND TWENTY-FIVE (225) FIREFIGHTER PERSONAL ALERT SAFETY SYSTEM UNITS AT A PROPOSED AMOUNT OF $18,900.00 FOR THE DEPARTMENT OF FIRE RESCUE AND INSPECTION SERVICES; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 313237, ACCOUNT CODE NO. 289401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.3 ACCEPT BID: PUBLIC SAFETY DEVICES, INC. -- FOR FURNISHING 100 GAS MASKS FOR DEPARTMENT OF POLICE. RESOLUTION NO. 93-3 A RESOLUTION ACCEPTING THE BID OF PUBLIC SAFETY DEVICES, INC. FOR THE FURNISHING OF ONE -HUNDRED (100) GAS MASKS AT A PROPOSED AMOUNT OF $10,240.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE 1992-93 POLICE DEPARTMENT OPERATING BUDGET ACCOUNT CODE 290201-719; 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.) 6 January 14, 1993 3.4 c ACCEPT BID: PITMAN PHOTO, INC. -- FOR FURNISHING PHOTOGRAPHIC SUPPLIES, ON A CONTRACT BASIS, FOR DEPARTMENT OF POLICE. RESOLUTION NO. 93-4 A RESOLUTION ACCEPTING THE BID OF PITMAN PHOTO, INC., FOR THE FURNISHING OF PHOTOGRAPHIC SUPPLIES ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $84,656.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES AND THEREAFTER TO EXTEND THIS CONTRACT AT THE SAME PRICE, TERMS AND CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.5 ACCEPT BID: OCE' BRUNING -- FOR FURNISHING SHEET AND ROLL PAPER FOR BLUEPRINT REPRODUCTION, ON A CONTRACT BASIS, FOR DEPARTMENT OF PUBLIC WORKS. RESOLUTION NO. 93-5 A RESOLUTION ACCEPTING THE BID OF OCE' BRUNING FOR THE FURNISHING OF SHEET AND ROLL PAPER FOR BLUEPRINT REPRODUCTION ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT OF PUBLIC WORKS AT A PROPOSED AMOUNT OF $6,200.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 310101-700; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT AND THEREAFTER TO EXTEND THIS CONTRACT AT THE SAME PRICE, TERMS AND CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 January 14, 1993 3.6 3.7 ACCEPT BID: BENSON ELECTRIC, INC. -- ($40,360, TOTAL BID) -- FOR LUMMUS PARK REDEVELOPMENT - LIGHTING 1992 B-6203-A (CIP 331042) -- EXECUTE CONTRACT. RESOLUTION NO. 93-6 A RESOLUTION ACCEPTING THE BID OF BENSON ELECTRIC INC., AN AMOUNT NOT TO EXCEED $40,360.00, TOTAL. BID OF THE PROPOSAL, FOR LUMMUS PARK REDEVELOPMENT LIGHTING-1992 B-6203-A; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO. 331042, IN THE AMOUNT OF $40,360.00 TO COVER THE CONTRACT COST AND $9,092.91 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $49,452.91; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ACCEPT BID: LEADEX CORPORATION -- FOR FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT AT LUMMUS PARK (CIP 331042). RESOLUTION NO. 93-7 A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT AT LUMMUS PARK FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED AMOUNT OF $37,195.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 331042, ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT AND SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) E. January 14, 1993 3.6 RATIFY EXISTING CONTRACTS ISSUED FOR FURNISHING LEASED VEHICLES USED BY CITY OFFICIALS, ON AN AS NEEDED/WHEN NEEDED BASIS -- DIRECT CITY MANAGER TO ENTER INTO COMPETITIVE NEGOTIATIONS FOR FUTURE ACQUISITION OF SUCH VEHICLES. RESOLUTION NO. 93-8 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING EXISTING CONTRACTS ISSUED FOR THE FURNISHING OF LEASED VEHICLES USED BY CITY OFFICIALS ON AN AS NEEDED, WHEN NEEDED BASIS; DIRECTING THE CITY MANAGER TO ENTER INTO COMPETITIVE NEGOTIATIONS FOR THE FUTURE ACQUISITION OF SUCH VEHICLES ON AN AS NEEDED, WHEN NEEDED BASIS; ALLOCATING AN AMOUNT NOT TO EXCEED $49,000.00 ANNUALLY FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, FLEET MANAGEMENT DIVISION OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE VEHICLES AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.9 RATIFY CITY MANAGER'S WAIVER OF RENTAL FEES FOR USE OF ORANGE BOWL STADIUM BY MIAMI JACKSON SENIOR HIGH SCHOOL FOR A FOOTBALL GAME (See label 6). RESOLUTION NO. 93-9 A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL FEES FOR THE USE OF THE ORANGE BOWL STADIUM BY MIAMI JACKSON SENIOR HIGH SCHOOL FOR A FOOTBALL GAME PLAYED AGAINST MIAMI NORTHWESTERN SENIOR HIGH SCHOOL ON NOVEMBER 21ST, 1992, SAID WAIVER CONDITIONED UPON MIAMI JACKSON SENIOR HIGH SCHOOL PAYING THE AMOUNT OF $4,200 TO COVER PARTIAL COSTS AND EXPENSES FOR SAID EVENT; ALLOCATING AN AMOUNT NOT TO EXCEED $3,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE BALANCE OF COSTS, TICKET SURCHARGE AND GENERAL EXPENSES FOR SAID FOOTBALL GAME; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI JACKSON SENIOR HIGH SCHOOL FOR SAID USE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9 January 14, 1993 3.10 RATIFY CITY MANAGER'S WAIVER OF RENTAL. FEES FOR USE OF ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL FOR TWO FOOTBALL GAMES (See label 6). RESOLUTION NO. 93-10 A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL FEES FOR THE USE OF THE ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL FOR TWO FOOTBALL GAMES HELD ON NOVEMBER 6TH AND 20TH, 1992, SAID WAIVER CONDITIONED UPON MIAMI SENIOR HIGH SCHOOL PAYING THE AMOUNT OF $2,000 PER GAME TO COVER PARTIAL COSTS AND EXPENSES FOR SAID EVENTS; ALLOCATING AN AMOUNT NOT TO EXCEED $7,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE BALANCE OF COSTS, TICKET SURCHARGE AND GENERAL EXPENSES FOR SAID FOOTBALL GAMES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI SENIOR HIGH SCHOOL FOR SAID USE. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) 3.11 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD. -- TO PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN FOR THE PURPOSE OF RECOVERING OVERHEAD COSTS FROM GRANTS FOR FY 1992. RESOLUTION NO. 93-11 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF DAVID M. GRIFFITH & ASSOCIATES, LTD., TO PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN FOR THE PURPOSE OF RECOVERING OVERHEAD — COSTS FROM GRANTS FOR FISCAL YEAR 1992; ALLOCATING - FUNDS THEREFORE, IN AN AMOUNT NOT TO EXCEED $15,000, 3 FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921002-270. i (Here follows body of resolution, omitted here and �j on file in the Office of the City Clerk.) -_ 10 January 14, 1993 3.12 AUTHORIZE CITY MANAGER DEVELOPMENT AUTHORITY, COORDINATION OF A REHABILITATION PROGRAM. 11 TO EXECUTE AGREEMENT WITH ALLAPATTAH BUSINESS INC. •-- TO ASSIST IN IMPLEMENTATION AND COMPREHENSIVE COMMERCIAL FACADE EXTERIOR RESOLUTION NO, 93-12 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., FOR A PERIOD OF ONE YEAR AND IN THE AMOUNT OF $67,200.00, FOR THE PURPOSE OF ASSISTING IN THE IMPLEMENTATION AND COORDINATION OF A COMPREHENSIVE 1 COMMERCIAL FACADE EXTERIOR REHABILITATION PROGRAM WITH BUSINESSES AND PROPERTY OWNERS LOCATED WITHIN THE -° ALLAPATTAH TARGET AREA; ALLOCATING MONIES THEREFOR 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.) 3.13 APPROVE GRANT OF TEMPORARY CONSTRUCTION EASEMENT ON WATSON ISLAND TO FLORIDA DEPARTMENT OF TRANSPORTATION -- FOR USE AS STAGING AREA FOR BRIDGE GIRDERS, CONCRETE BRIDGE SEGMENTS AND OTHER RELATED WORK FOR CONSTRUCTION OF MACARTHUR CAUSEWAY HIGH LEVEL BRIDGE AND APPROACHES. RESOLUTION NO. 93-13 A RESOLUTION, WITH ATTACHMENT, APPROVING THE GRANT OF A TEMPORARY CONSTRUCTION EASEMENT, ON WATSON ISLAND, TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ITS USE AS A STAGING AREA FOR THE BRIDGE GIRDERS, CONCRETE BRIDGE SEGMENTS AND OTHER RELATED WORK FOR THE CONSTRUCTION OF THE MACARTHUR CAUSEWAY HIGH LEVEL BRIDGE AND APPROACHES; FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID GRANT OF TEMPORARY CONSTRUCTION EASEMENT IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY. (Here follows body of resolution, omitted here and on file fin the Office of the City Clerk.) t 11 January 14, 1993 3.14 APPROVE, IN PRINCIPLE, DESIGNATION OF THE EAST LITTLE HAVANA COMMUNITY -- DEVELOPMENT CORPORATION AS SPONSOR TO UNDERTAKE DEVELOPMENT OF A LOW DENSITY RESIDENTIAL_ HOMEOWNERSHIP PROJECT AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME -- ON SEVERAL VACANT CITY -OWNED PARCELS IN EAST LITTLE HAVANA NEIGHBORHOOD (S.W. 2 AND 3 STREETS BETWEEN S.W. 4 AND 5 AVENUES). } 4 RESOLUTION NO. 93-14 _ A RESOLUTION, WITH ATTACHMENTS, APPROVING IN PRINCIPLE, THE DESIGNATION OF THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, A NOT -FOR --PROFIT CORPORATION, AS SPONSOR TO UNDERTAKE THE DEVELOPMENT OF A LOW DENSITY RESIDENTIAL HOMEOWNERSHIP PROJECT AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME, ON SEVERAL VACANT CITY -OWNED PARCELS IN THE EAST LITTLE HAVANA NEIGHBORHOOD, LOCATED AT SOUTHWEST 2ND AND 3RD STREETS BETWEEN SOUTHWEST 4TH AND 5TH AVENUES, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO); SUBJECT TO SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS OF FUNDING FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING; DIRECTING EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION TO PREPARE AND FINALIZE PROJECT PLANS AND SPECIFICATIONS, CONSTRUCTION AND PERMANENT FINANCING, CONSTRUCTION SCHEDULE AND MANAGEMENT PLAN TO BE SUBMITTED WITHIN TWELVE (12) MONTHS OF THE DATE OF THIS RESOLUTION FOR FINAL CONSIDERATION AND APPROVAL BY THE CITY COMMISSION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH SAID CORPORATION A FAIR RETURN TO THE CITY FOR THE VALUE OF SAID PARCELS, PREDICATED ON A LAND REIMBURSEMENT PROVISION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.15 AUTHORIZE CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BRICKELL AVENUE MEDIAN FROM S�E. 15 ROAD THROUGH S.E. 26 ROAD BEAUTIFICATION PROJECT. RESOLUTION NO. 93-15 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE "BRICKELL AVENUE MEDIAN FROM SOUTHEAST 15TH ROAD THROUGH SOUTHEAST 26TH ROAD BEAUTIFICATION PROJECT"; FURTHER, DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. 12 January 14, 1993 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.16 APPROVE USE OF STREETS / THOROUGHFARES DURING JOSE MARTI PARADE TO BE CONDUCTED BY BIPRISA. RESOLUTION NO. 93-16 A RESOLUTION APPROVING THE USE OF STREETS AND THOROUGHFARES DURINGI THE JOSE MARTI PARADE TO BE CONDUCTED BY BIPRISA / ON JANUARY 28, 1993, BETWEEN THE HOURS OF 8:00 A.M. AND 1:00 P.M., SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO BE UTILIZED AS PART OF THE PARADE ROUTE; -- FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL -_ NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES AND SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO — PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. - 1 This acronym stands for Bilingual Private Schools Association. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.17 CONFIRM REAPPOINTMENT OF CERTAIN INDIVIDUALS TO OFF-STREET PARKING BOARD (Reappointed were: Olivia B. Peart, Arthur H. Hertz). RESOLUTION NO. 93-17 A RESOLUTION CONFIRMING THE REAPPOINTMENT OF CERTAIN INDIVIDUALS TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.18 REAPPOINT CERTAIN INDIVIDUALS TO THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST (Reappointed were: Al Gurdak, Charlie Hall). RESOLUTION NO. 93-18 A RESOLUTION REAPPOINTING CERTAIN INDIVIDUALS AS =_ MEMBERS TO THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, FOR TERMS AS DESIGNATED - HEREIN. 13 January 14, 1�93 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.19 CLAIM SETTLEMENT: BARBARA LEVENSON, LEONARD J. COOPERMAN, AND AMERICAN POLITICAL SIGNS OF FLORIDA, INC. ($12,580) (CASE NO. 92-1394-CIV- ATKINS). RESOLUTION NO. 93-19 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO BARBARA LEVENSON, LEONARD J. COOPERMAN, AND AMERICAN POLITICAL SIGNS OF FLORIDA, INC., THE SUM OF $12,580.00, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 92-1394-CIV-ATKINS, SAID PAYMENT TO BE MADE UPON THE EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS SAID FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4. DISCUSS AND TEMPORARILY TABLE PROPOSED ACCEPTANCE OF BID OF MIAMI FIRE EQUIPMENT -- FOR FURNISHING INSPECTION, TESTING AND REPAIR SERVICES TO CITY FIRE EXTINGUISHERS (See label 52). ------------------------------------------------------------------------------ Mayor Suarez: On item 3. Commissioner Dawkins: No, I'll wait. I'll yield. Mayor Suarez: OK. Yield to Commissioner Plummer. Commissioner Dawkins: Go ahead, J.L. Commissioner Plummer: No, just very simply, what's the total amount not to exceed? And have we considered, like many other departments around the United States, doing it in-house? CA-3. Ms. Judy Carter: Fifteen thousand dollars, sir. Commissioner Plummer: How much? Ms. Carter: Fifteen thousand. Commissioner Plummer: We can't do it in-house? Commissioner Dawkins: Evidently, we can... 14 January 14, 1993 Ms. Carter: No, sir. Commissioner Dawkins: I mean... I'll wait until J.L. finishes. Ms. Carter: These are fire extinguishers. They must be... Commissioner Plummer: I'm well aware it's fire extinguishers. Many departments around the United States do it and make revenue for their department. We can't even do our own in-house? Mr. Ron Williams (Assistant City Manager): Commissioner, I believe there is a certification required. I'll have to ask the Fire Department if we have that necessary in-house certification on those fire extinguishers, to make sure they meet whatever that fire safety code is. Commissioner Plummer: Well I'm sure, Mr. Williams, $50,000 is not a lot of money to you when you... Mr. Williams: Fifteen. Commissioner Plummer: Fifteen is not a lot of money to you. You deal in millions and you couldn't care less, but I think it's worth looking into. Mr. Williams: Well, certainly, I'll talk to the Fire Department and see if we have that certification. It's a safety item, Commissioner Plummer, and we want to make sure that the fire extinguishers are properly, you know, filled, tested, and available if needed. Commissioner Plummer: All right, sir. I was just trying to find ways of saving money. Commissioner Dawkins: I'd like to know... I don't have my package here, but on the bid sheet, the company that you are giving the bid to has no charges for about 30 of the items and the other people are charging. Now explain to me, one of you who got this bid... Commissioner Plummer: Thank you. Commissioner Dawkins: ...how this company can service these units for no charge and the other units have to charge for the service. Somebody explain that to me. And I don't have my package in my hand. I'll borrow J.L.'s. Mayor Suarez: Here. Commissioner Dawkins: OK. I'll borrow the Mayor`s. OK. I got one, Mr. Mayor. It says, Miami Fire. It says CA25 number, inspection only, Miami Fire - no charge; inspection refill - no charge; additional costs to hydrotest - no charge. But Fire Defense Center, to inspect they charge $2.50; inspection refill is $9.00; additional costs to hydrotest - $10.00. Ten - no charge; 15 - no charge. All of these other people have got the charge. Then when it gets down to 20 pounds, whatever that means, they charge $1.00 for inspection, $10.00 to refill, and these other people go up. But out of all these charges, Miami Fire does not charge for one, two, three, six, nine, 11, 15 January 14, 1993 � t xs..mt!"i if kau1.uM++i,+kM1it.&tw 4h F%4^�j- # st 4r r 14, 15, 160 17, 18, 21, 24, 270 30, 330 35 of the things that we're asking that be done to fire extinguishers, Miami Fire Equipment does not charge for it, but the other people have to charge. Explain that to me. Mayor Suarez: Why do some of the bidders charge for those individual procedures and some others do not? If we know. Mr. Williams: We don't know the answer to that, Commissioner Dawkins. Commissioner Plummer: So, defer it, until you get an answer. Mayor Suarez: Is it important enough? Commissioner Dawkins: Yes, it's very important, and it may be cost... Commissioner Plummer: Second. Commissioner Dawkins: Mr. Ma or... See what I'm saying. See this says no charge, no charge. This guy �2(40, $9.00 and $10.00. And yet this guy, with all these no charges, ends up with the bid. But he's not charging us anything. Mayor Suarez: Does it scare us... Does it not scare us that if he's not charging for so many of the different procedures, that maybe they won't be doing all those different procedure, or we won't have assurance that they will? Mr. Odio: He has to certify every fire extinguisher that he does. I remember, he has to put his tag to it that certifying that this fire extinguishers. So, that's all that we can... We have to go... Commissioner Dawkins: Defer... I move it be deferred. _ Mayor Suarez: All right. Move to defer the item. Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, ITEM CA-3 WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor Be Yurre 16 January 14, 1993 5. ESTABLISH SPECIAL CHARGES FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY CENTRAL AMERICAN SOCCER ASSOCIATION, INC. FOR PRESENTATION OF AMATEUR SOCCER GAMES -- EXECUTE AGREEMENT. _----------------------------------.-------.----------------..-------- Mayor Suarez: Item CA... Commissioner Plummer: CA-10 I pulled, Mr. Mayor. Mayor Suarez: Oh, ten. Yes. Commissioner Plummer: Mr. Manager, I'm concerned. What revenue will the City make out of giving this organization 48 event days? Mr. Cesar Odio (City Manager): They're paying $250 a game. Commissioner Plummer: And does that cover all costs? Mr. Odio: We will get $24,000 out of this and yes, it will cover the cost. Commissioner Plummer: Is this a profit making organization? I Mr. Odio: I don't know. I have to ask that question to... I Commissioner Plummer: Well, it just doesn't seem reasonable to me to tie up... Mr. Odio: Is it profit? Mr. Max Cruz: Nonprofit. Mr. Odio: It's a nonprofit. Commissioner Plummer: It is a nonprofit? Ms. Matty Hirai (City Clerk): Is that... Is that CA-10 one of the... Commissioner Dawkins: Yeah. Commissioner Plummer: And nobody is making any money out of this? Mr. Cruz: According to their statement, nobody is making any money. Mr. Odio: And... Commissioner Plummer: And nobody is making big salaries, or director's fees, or any of that? And are we assured that the 48 days that they're using are not other days that we could get much greater revenue out of? Mr. Odio: We don't get much more revenue out of that. 17 January 14, 1993 e`77 -. krE'.^un.M•�iY Fnx,wn�a.$rA+au.:7#h '., ; RIN Commissioner Plummer: Well... Mr. Odio: This is a good use for that stadium for now. Commissioner Plummer: I guess, really, it's time to ask this question. Is it worthwhile to this City to actually fix up the Bobby Madura stadium? For the little bit of use that we're getting out of it, is it smart to go through a scenario... From what I understand, there's a great deal of money that has to be spent to bring that up to par. Mr. Odio: FEMA (Federal Emergency Management Agency)... Commissioner Plummer: Plus it's a lot of money to keep it on an ongoing... Is it being used 48 days for $24,000? Mr. Cruz: Commissioner, Max Cruz from the Orange Bowl. The Bobby Maduro stadium is used almost daily by Miami Dade Community College, by soccer, by... Commissioner Plummer: And how much revenue do we get from that? Mr. Cruz: We get approximately, all combined, including the outside flea market and everything, somewhere around, I would say close to $100,000. Commissioner Plummer: Which... Mayor Suarez: A year, minus expenses... Mr. Cruz: A year. Commissioner Plummer: Yeah. Mayor Suarez: ...which are roughly... Commissioner Plummer: Which, you know... Mr. Odio: We have a deficit in that stadium. Mayor Suarez: We have a deficit? Mr. Cruz: Right. Mr. Odio: Yes. At some point a decision on the stadium's future has to be made. Mayor Suarez: That's operating expenses, not including, let's say, a percentage of Max's salary, and a percentage of your salary, and all the other administrators that deal with... Mr. Odio: No, they have a deficit. They're running at a deficit. Mayor Suarez: To clarify, it is a deficit not even including... Commissioner Plummer: That's why I'm... 18 January 14, 1993 Mayor Suarez: ...salaries of administrative personnel, who might from time to time have to deal with the facility. Commissioner Plummer: What do you anticipate, Mr. Manager, this - just use this year - as subsidy that will be required? I'm not talking about the problems that were incurred by the hurricane. Mr. Odio: No. I... Very small... Commissioner Plummer: Mr. Mayor, do you understand what I'm saying? Mayor Suarez: Oh, yeah. Absolutely. I'm for... the same wavelength. Commissioner Plummer: Is it worthwhile to go through the process... Mr. Cruz: We plan to break even. About breaking even. Commissioner Plummer: ...of fixing this place up, if what we're looking, at best, is more subsidy? Mayor Suarez: I would love to see that facility... Mr. Odio: The decision has to be made on that facility, as a matter of fact. Commissioner Plummer: I'm sorry? Mayor Suarez: ...available to the private sector... Mr. Odio: We need... Mayor Suarez: ...to buy, available to the universities to put something, available to somebody to do something with it. Mr. Odio: I... Commissioner Plummer: Well, Mr. Mayor, they can still have a farmer's market = there. They can still play soccer there. Mr. Odio: I would give it to the Sports Authority. Commissioner Plummer: But the stadium facility... No, we're not going to — give a damned thing to them. Commissioner Alonso: Oh, please. - Commissioner Plummer: We'll sell it to them. _ Mr. Odio: I mean... Commissioner Alonso: Let's give the City away. Mr. Odio: No, I mean, the... 19 January 14, 1993 i Commissioner Plummer: Heyi We'll sell it to them maybe. Mr. Odio: They're... Coomissioner Plummer: Look, all I'm saying, I think we need... Mayor Suarez: What is it that you don't want... that you want to hold off on this item? What improvements? Commissioner Plummer: Well, I don't want to get locked in to - what is it? - a half a year here, or 48 days, and then my hands are tied and I can't do anything. Mr. Odio: But this is an important item for the... Commissioner Plummer: ...we have this before? Mr. Odio: ...for the Haitian community. Mr. Cruz: No, sir. Mayor Suarez: Forty-eight event days from... Commissioner Plummer: We didn't have this same group before? Mayor Suarez: ...February 6th through December 18th. Mr. Cruz: No. This is a new group that just started and they have talked to Commissioner Dawkins about it. And they have talked to us. I don't have the contract here with me, but the understanding that if we bring a major event - a concert - where we make money, we'll notify them and they will postpone the date. That is the understanding that we have. Commissioner Plummer: Max, that's not my problem. We spent a lot of money in Curtis Park, we and the Sports Authority, as I recall - near $3,000,000 - and it was for the purposes of these ones... Some of these games, Mr. Mayor, last year at the baseball stadium, when I went by, didn't have 100 people there - didn't have 100 people in attendance. Mayor Suarez: For soccer? Commissioner Plummer: For baseball. Mayor Suarez: Oh, the... Mr. Odio: Soccer brings a lot of people. Commissioner Plummer: OK? And... Mayor Suarez: The Caribbean series? Commissioner Plummer: But that's, Mr. Manager... 20 January 14, 1993 M� � R� L9 Mayor Suarez: You're talking about the Caribbean series? Commissioner Plummer: That's what I voted on, the reason to spend the money at Curtis Park. Mr. Odio: That was never,.. Mr. Cruz: Curtis Park is not ready. Mr. Odio: Curtis Park was never tied to Bobby Maduro stadium. Commissioner Plummer: Curtis Park has been ready three times and destroyed three times. OK? Mr, Odio: The only damage that,.. Commissioner Plummer: Look! Hey, guys, all I'm trying to do... Mayor Suarez: Do you think the commitment is too long through December? Is that what you're saying? Forty-eight days? Commissioner Plummer: Do you want to go until... That's what I'm saying, Mr. Mayor. It's another year. Commissioner Alonso: Commissioner, what do you mean destroyed three times? Commissioner Plummer: Well, every time you turn around, they're going out and spending more money at Curtis Park. Commissioner Alonso: I see. Commissioner Plummer: That's my point. Look, I would rather go on a month to month basis on this, so that we don't... If we want to do something we're not tied up until December. Mr. Odio: They cannot plan... It's not fair to them. I might as well tell them not to use it. Commissioner Plummer: Excuse me. What do you mean not fair to them? How about the people who are paying the money to keep the damned place open? Mr. Odio: The stadium is going to be there, Commissioner. Mayor Suarez: Modification... Proposed modification. How about if we give them half of the season and then he... Commissioner Plummer: That's fine. Try that. Mayor Suarez: All right. ...negotiates the other half. Do you think you can work with that, Max? Commissioner Plummer: I'll go along with that. Mr. Cruz: Yes. 21 January 14, 1993 Mx�„f 3i orRal 4 L -7 Mayor Suarez: All right. Mr. Cruz: Yes, sir. Commissioner Plummer: Now, but I want a study done, Mr. Mayor - I think this Commission does... Mayor Suarez: Yes, we do. Commissioner Plummer: ...as to the feasibility of keeping that stadium open and rebuilding that stadium. OK. I think that... Mr, Cruz: Commissioner Plummer, if I might. I had a meeting with Miami Dade Community College and I think they are planning to come to this Commission to either purchase or rent Bobby Maduro for their... have their baseball programs.. Commissioner Dawkins: If they come... If the City... If Miami Dade Community College comes to rent or purchase, make sure they bring money and not promises. Commissioner Plummer: Yeah. Mayor Suarez: All right. With... Commissioner Plummer: Like they rent Bayf ront Park... Commissioner Dawkins: All right. Commissioner Plummer: ...or Bicentennial Park. Commissioner Dawkins: It's just that simple. Mayor Suarez: All right. Commissioner Alonso: Max, I'd like you to come and explain to me about these discussions, before it comes to the Commission. Mr. Cruz: Yes, ma'am. Mayor Suarez: All right. Commissioner Plummer: So, it's for a half a year. I so move. Mayor Suarez: So moved on CA-10 with the modification that it's half of the 48 dates, which would be, I guess 24 and then renewable... Mr. Odio: You know... Commissioner Plummer: Well, but... Mr. Odio: ...let me say this. When you have people come to the stadium... 22 January 14, 1993 0 Commissioner Dawkins: Ten. That's on CA-10. Mr. Odio: ...we own the concessions, and every time that somebody buys a Coca Cola, or a hot dog, or something, we're making money at it. If you don't have people coming to that stadium at all, the deficit will increase. I don't know what the problem is. The stadium is not going to put out... Commissioner Plummer: Mr. Manager... Mayor Suarez: The long-term commitment of 48 dates... Commissioner Plummer: Excuse me. Mayor Suarez: ...when we may want to do something else with that facility that's losing money, and it doesn't look like much. Commissioner Plummer: Mr. Manager, with that kind of thinking... Commissioner Alonso: ...do what she explained... Commissioner Dawkins: Mr. Manager, you're beginning to sound like J.L. Plummer on Issues. Commissioner Plummer: With that kind of thinking... Commissioner Dawkins: You're really getting to sound like him. Yakkity-yak- yak. Commissioner Plummer: ...Mr. Manager, this City is destined to go broke. Mr. Odio: Mr... Commissioner Plummer... Commissioner Plummer: When you're sitting here telling me selling a Coca Cola brings money of revenue, but you're sitting here also telling me the bottom line is it requires 200,000... Mr. Odio: No, I didn't. I didn't say that. Commissioner Plummer: May I finish? -= Mr. Odio: I didn't say that. I didn't say 200,000. Commissioner Plummer: It requires $200,000... Mr. Odio: I didn't say that. Commissioner Plummer: ...of subsidy. Sir, you can't sell that money Coca = Colas. _ Mr. Odio: I did not say we had a $200,000 deficit. Commissioner Plummer: Excuse me. When you asked Mr. Budget Director... =g - --i 23 January 14, 1993 = 0 Air Mr. Odio: He said... He just told me they were breaking even this year or a minimum deficit, but we do have a deficit. — Commissioner Alonso: Now, if I didn't... I believe I understood you to say that if we don't have people there, we don't have activities, we are losing more money. Commissioner Plummer.- Sure. Mr. Odio: Sure. Commissioner Alonso: So, in fact, if we keep these activities, we will have people coming into the facility and we will be making some money, number one. Also, I heard... Max said that if we had another activity, in which we would make money, these people are willing to change the dates. So, we have nothing to lose. These people will make arrangements and change the dates. Mayor Suarez: OK. Commissioner Plummer: No, what... Commissioner Alonso: So, we will not be losing any more money, but making some in the meantime. If we, in fact, cut the activity... Mr. Odio: You decide to... Commissioner Plummer: Madam Commissioner... Commissioner Alonso: ...we don't gain anything. Mr. Odio: If you... Commissioner Plummer: ...have you been over to... = Commissioner Alonso: Is that exactly what you have said? Mr. Odio: And if you decide to demolish the stadium, or do whatever with the stadium, they... Commissioner Plummer: You didn't go far enough. Commissioner Alonso: And in the meantime... Mr. Odio: ...they will go away. Commissioner Alonso: ...we go ahead with the study and so on. Commissioner Plummer: No, we're... Madam Commissioner, you didn't go far enough. Have you been over there? i' Commissioner Alonso: Of course, many times. All the time. Commissioner Plummer: I... No, no. Excuse me. -f 24 January 14, 1993 Commissioner Alonso: I even throw balls there. Commissioner Plummer: Excuse me. Since the hurricane? Commissioner Alonso: Oh, yes. Yes. — Commissioner Plummer: And do you realize the amount of money that has got to be spent to bring that facility up to par? That's where my contention is. _- Commissioner Alonso: But that has nothing to do with this activity. It... Commissioner Plummer: Of course it does. Commissioner Alonso: How? — Commissioner Plummer: If you don't fix it up, you don't have to spend the money. OK? That's the point I'm trying to make is it is going to take literally... Commissioner Alonso: Would you... Commissioner Plummer: ...hundreds of thousands of dollars to fix that facility up and put it where it's not even dangerous. Commissioner Alonso: Mr. Odio, would you listen to this? I think you should respond to this. Commissioner Plummer: Mr. manager, give me an estimate of what it's going to cost to bring that stadium up to a safe condition. Mr. Odio: The stadium is safe now. The only thing that needs to be done, covered by FEMA, is to put the press box back... Please. And... —= Commissioner Alonso: We have had activities after Andrew. Mr. Odio: We... Commissioner Alonso: I've been there at least - what? - two or three times. And it seems to me that it's safe. Some areas are not open to the public, Mr. Cruz: The press box is the only thing... Commissioner Alonso: Exactly. Mr. Odio: The press box 1s being... It's closed. Commissioner Alonso: But they are not going to use that. Mr. Odio: No. Commissioner Alonso: We are not going to fix this for them. Are we? Mr. Odio: They're not... The press box will be paid for by FEMA, if we decide to put it back up. 25 January 14, 1593E — Commissioner Alonso: way we go. 11 All right. And we will retake a decision before... which Mr. Odio: And that decision has to be made. Commissioner Alonso: Exactly. OK. Mr. Odio: But I don't know... Commissioner Plummer: I have a final question, Mr. Manager. Is the Central American Soccer Association a City of Miami organization? Commissioner Dawkins: OK. Mayor Suarez: All right. _ Mr. Odio: I know there's a group... He was telling me, there's a group of... Commissioner Dawkins: We're still on item 10? - Mayor Suarez: CA-10. Yes. — Commissioner Plummer: I'm just asking the question if it's a City -- organization. Mr. Odio: ...of blacks in Liberty City... 'There's a group of blacks from Liberty City and some Latins who have gotten together and created this league. —= Plus we also have the Haitian league. Commissioner Plummer: Send me the answer. Commissioner Dawkins: Creative what, now? Mayor Suarez: Soccer. Mr. Odio: It's a group of black... Commissioner Alonso: It's a group that went to see Commissioner Dawkins, I believe. Mr. Odio: ...group from Liberty City and some Latins that got together. And then you also have the Haitian Soccer League, so you do... — Mayor Suarez: OK. So we certainly have a multi -ethnic soccer league here... Commissioner Alonso: Yes. Mr. Odio: Yes. - Mayor Suarez: ...and even if it was not, we'd be willing to support it, - --F but... —='` 26 January 14, 1993 Commissioner Dawkins: Well, it's worth the 24 days, if black people are going to learn to play soccer. Mayor Suarez: Al right. We could make the argument that some of the greatest soccer players in history were black, but... COMMisgioner Dawkins: Not... OK. I mean black with an American birth certificate, which says "Made in the U.S.A. of America." Mayor Suarez: All right. Commissioner Dawkins: That's what I mean. Commissioner Plummer: Thank you, Bruce. Commissioner Dawkins: Ail right. No problem. Mayor Suarez: With regards to the item then, we're going to go with six months, or roughly half of... twenty-four out of 48 dates, renewable by the Administration... Co:rmissioner Plummer: That's fine. Mayor Suarez: ...in case that we have no better plans for Maduro at that Point. So moved by Commissioner Plummer. Commissioner Plummer: But hopefully, Mr. Mayor, I will be getting a study report back within 90 days. Mayor Suarez: Yes. Yes, please, I think we need to know about what the best use of that facility is. Commissioner Plummer: Right. Mayor Suarez: Seconded? Commissioner Aionso: Yeah. I think it was moved and seconded before. Was it not? ------------------------------------_ NOTE FOR THE RECORD: Commissioner De Yurre entered the mee ng a a.m., and City Attorney A. Quinn Jones, III, entered the meeting at 9.33 a.m. Carrmi ssioner Plummer: I moved i t. Ms. Matty Hirai (City Clerk): Commissioner Plummer moved it, we just need a second. Commissioner Alonso: Yeah. OK. Mayor Suarez: Seconded, Commissioner De Yurre. Mayor. 27 Call the roll. ...Vice January 14, 1993 RESOLUTION NO. 93-20 A RESOLUTION ESTABLISHING SPECIAL CHARGES FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY CENTRAL AMERICAN SOCCER ASSOCIATION, INC. FOR SAID ORGANIZATION'S PRESENTATION OF AMATEUR SOCCER GAMES ON APPROXIMATELY TWENTY-FOUR (24) EVENT DAYS DURING THE PERIOD FROM FEBRUARY 6 THROUGH AUGUST 18, 1993; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND THIS AGREEMENT AT THE SAME PRICE, TERMS, AND CONDITIONS FOR AN ADDITIONAL TWENTY- FOUR (24) EVENT DAYS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins —" Commissioner J. L. Plummer, Jr. = - Vice Mayor Victor De Yurre — Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item C... Commissioner Plummer: Mr. Manager? Excuse me, Mr. Mayor. Mr. Manager, I would also like a study on the Orange Bowl. It's my understanding we're using that facility 26 days out of the year, and we're not pushing as we have in the - past for additional concerts. Mr. Odio: Who told you this? I mean, why didn't you ask me that? We have been trying to pursue concerts... Commissioner Plummer: OK. Mr. Odio: ...as many as we can. We have teen under construction for a year and... _ — Commissioner Plummer: The proof of the pudding is that we're not... 28 January 14, 1993 Mr. Odio: The proof of the pudding is we... Commissioner Plummer: All I'm asking is a report. Mr. Odio: OK. Well... Commissioner Plummer: Can I not ask for reports? Mr. Odio: Out you're making a statement that we have not pursued something. Commissioner Plummer: I'm making that based on that we have no results. Mr. Odio: That is because we've been under construction, sir. Commissioner Plummer: Thank you. All I asked for is a report. ------------------------------------------------------------------------------- 6. (Continued Discussion) CONCERNING REQUESTS FROM: (a) MIAMI JACKSON SENIOR HIGH SCHOOL, AND (b) MIAMI SENIOR HIGH SCHOOL FOR WAIVER OF RENTAL FEES FOR USE OF ORANGE BOWL (See labels 3.9 and 3.10) ------------------------------------------------------------------------------ Mayor Suarez: All right. On item CA-21, there was Clarification, I think requested by Commissioner Plummer. Commissioner Plummer: Mr. Mayor, I would just like to ask of the City Attorney on 11 and 12... Commissioner Dawkins: Eleven and twelve? Commissioner Plummer: I am very much concerned that we are starting to waive the surcharge on tickets, which was the money that was supposed to be not waivable for paying off the indebtedness of the Orange Bowl fixing up. And here we are now on 11, and on 12, waiving the surcharge. They're asking for the Pig Bowl to be waiving the surcharge. Commissioner Dawkins: But I think, Mr. Plummer.,. Commissioner Alonso: We are not. We're giving... Commissioner Dawkins: ...that it says the surcharge will be paid from special programs on account - three thousand dollars for 11. Commissioner Alonso: Yeah. Commissioner Dawkins: ...and 12, $7,000 would be paid for the surcharge. Commissioner Alonso: Um-hmm. Commissioner Plummer: But it's coming City monies to pay it off and... 29 January 14, 1993 ff Commissioner Plummer: Do you understand what I'm saying is? That the monies were supposed to come from the promoters to pay off the indebtedness created in fixing up that facility. Now, in... We're seeing more and more that they're not coming from the promoters, it's coming from the City general funds. Commissioner Dawkins: OK. All right. Mayor Suarez: All right. Commissioner Plummer: And under those circumstances, I don't think we're accomplishing anything. Commissioner Dawkins: Well, it's already been done. Commissioner Plummer: And it surely was not the intent at the time we created the surcharge. Commissioner Dawkins: OK. A. Quinn Jones III, Esq. (City Attorney): Commissioner, with respect to the Pig Bowl, it's my understanding that the Pig Bowl was exempt froze the surcharge. Now with respect to the other events, if you wanted to waive it, of course, you'd have to change the ordinance. That would be the only way you'd be able to do that. Commissioner Plummer: Well, but you see, that's not my point, Mr. Jones. My = point is that we imposed a surcharge to pay for the improvements that we were =- doing to the orange bowl. Now, here are two items on our agenda that is not _= waiving that, it's giving them money to pay for it, which is not being done by the promoters who are using the facilities, and that's what the intent was of this Commission. And we're seeing... Mr. Mayor, do you understand what I'm saying? We're seeing this more, and more, and more, and more, and I tell you, it will become a habit, and I'm very concerned. Mayor Suarez: The items... The specific waivers here are... Commissioner Plummer: No. It's not a waiver. We're giving them the money to pay it... Mayor Suarez: Well, the specific... Commissioner Plummer: ...which is worse. Mayor Suarez: ...ways around the waiver here are for the Pig Bowl and what _. else? Mr. Cesar Odio (City Manager): Miami Nigh game. It's a high school game. That's all. 30 January 14, 1993 = i- Mayor Suarez: 'these are two kind of traditional ones. Is it fair to say that we don't have a domino effect taking place here? Mr. Odio: Yes. We do not have a... We do not. Mayor Suarez: We have two dominos and the rest of the dominoes are separated by a sufficient gap... Mr. Odlo: Right. Mayor Suarez: ...that we're not going to have this become an avalanche of dominoes. Mr. Odio: I'm against any avalanche like that. We never have been in favor of something like that. Mayor Suarez: I guess... Mr. Odio: But you people... Some of these requests come directly from the Commission. Commissioner Plummer: Yeah, but... Mr. Odio: No, you... Commissioner Plummer: I understand that. But you know, you... Mr. Odio: Do you want me to say it? Mayor Suarez: You're not going to call us " nit an le" now are ou? • y P P y Mr. Odio: That's right. Mayor Suarez: You people. —: Commissioner Plummer: Well, it's just... Mr. Odio: Not you people, but some of them do come from the Commission. -3 Mayor Suarez: You, Commissioners? ^' Mr. Odio: Yes, they do. Mayor Suarez: This is one of those days. I can see the way it's beginning. Mr. Odio: I know. Mayor Suarez: All right. Folks... Commissioner Plummer: OK. I didn't pull it, but I was just asking, Mr... _ iµ Mayor Suarez: OK. Do you want to move the item and... Commissioner Plummer No, it was approved in the initial sweep. _ �=�= 31 January 14, 1993 VW Mayor Suarez: It was approved? All right. 7. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION CONFIRMING CITY ATTORNEY'S REAPPOINTMENT OF SWEETAPPLE, BROEKER, VARKAS, PA TO SERVE AS SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD (See label 45). Mayor Suarez: CA-21. Commissioner Plummer: Mr. Mayor, I pulled this item because I want this item tied, if I may, Mr. Manager, with item number 40 on the regular agenda. Mr. Arturo Martines will be here this afternoon and I think we need to talk about this Nuisance Abatement Board in general. My concern is that Mr. Martinez has cried out for help to the Miami Police Department, and he'll tell you all this this afternoon, without any success whatsoever and yet the Nuisance Abatement Board turns around and writes him notices of violation for allowing drug dealers to be around and he can't get help according to what he's going to tell you this afternoon. I assume what he told me, what the hell does he do? And my question is, why isn't the Nuisance Abatement Board trying to help rather than going and writing notices of violation for a man who is crying out for help? It doesn't make sense to me. So that why I'm asking that this item be deferred until we have the Item 40 also heard. Commissioner Dawkins: I agree with what Commissioner Plummer is saying and I have a very big problem with the Nuisance Abatement Board. After it had worked like hell on Biscayne Boulevard providing everything that's needed to get the "hookers" off. Get everybody off of Biscayne Boulevard and not once = at all has the Nuisance Abatement Board been out there to even look at this —_ gentleman's place. They haven't even been out there. I go out there, J.L., — the man cries for help. The City Commissioner Miller Dawkins went out there. Used my car phone and called for police officers, because they were getting — ready to beat me up, and it took 35 minutes for a policeman to come to help - rescue the Commissioner. Now, what about the private citizen? _ Commissioner Plummer: They're trying to tell you something. a Commissioner Dawkins: They are? Commissioner Plummer: Yeah. —9 _ Commissioner Dawkins: Well, they told me. I got the message. Commissioner Plummer: Yeah. Commissioner Dawkins: See, but I agree. It's something that the Nuisance -� _ Abatement Board and I'm ready to tell all of you. You haven't done a damn —_ - thing out there to help that gentleman as you did on Biscayne Boulevard. = Commissioner Plummer: Well, I think we need to talk about it and maybe set some new directions. 32 January 14, 1993 NVY Commissioner Dawkins: OK, OK. Commissioner Plummer: The reason I'm asking... Co:missioner Dawkins: I'm ready this afternoon,.. Commissioner Plummer: Let's take it all together. Commissioner Dawkins: OK. I have no problem with it because... Commissioner Plummer: I move that CA-21 be deferred until item 40 1s taken up in the afternoon, Mayor Suarez: So moved. Actually, we'll just table it. You don't need to have a motion. Commissioner Plummer: OK, fine. [AT THIS POINT, THIS ITEM WAS TABLED.] ------- ---------------------------------------------------------------------- B. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO UPHOLD PUBLIC WORKS DIRECTOR'S DECISION TO DENY A SIDEWALK CAFE PERMIT FOR SIDEWALK AREA ADJACENT TO ELENA'S ITALIAN RESTAURANT, INC.'S LEASEHOLD (d/b/a CAFE SCI-SCI) (See label 39). ------------------------------------------------------------------------------ Mayor Suarez: Announcement, item 22 which I understand to be a fairly controversial item. Counselor, you think there maybe an agreement on it or is it just an agreement on postponing consideration until after 4:00 p.m.? Commissioner Plummer: On 22? Ms. Lucia Dougherty: The parties are talking but there's only an agreement at this time to postpone it until after 4:00 p.m. Mayor Suarez: All right. I didn't think it was an agreement. On the merits, we will take it up after 4:00 p.m. We may not have taken it up before 4:00 P.M. in any event. So, I don't even know why this has to be brought up but it got to be... Commissioner Plummer: I noted with interest that Judge Atkins once again is the presiding jurist in this case. Commissioner Dawkins: We finished with the Consent Agenda? Mayor Suarez: Yes, I believe so, Commissioner. Commissioner Dawkins: OK. Where are we now? 33 January 14, 1993 ------------------------------------------------------------------------------- 9. (A) AUTHORIZE CITY MANAGER TO ACCEPT GRANT ($50,000) FROM STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, ENTITLED: OVERTOWN NEIGHBORHOOD PARTNERSHIPS -- APPROVE EXPENDITURE OF $16,667 FROM LAW ENFORCEMENT TRUST FUND AS CITY OF MIAMI POLICE DEPARTMENT'S LOCAL AGENCY REQUIRED MATCH -- AUTHORIZE EXECUTION OF ALL DOCUMENTS. (B) DISCUSSION CONCERNING FUNDS FOR POLICE DEPARTMENT'S FLOAT. ------------------------------------------------------------------------------ Commissioner Plummer: We're on 23. Mayor Suarez: OK, last item on the Consent Agenda, you want a clarification? Commissioner Plummer: Yeah. Mr. Manager, we were told... We, the Y� Commission, were told that if this Commission did not approve the $35,000 for the float in the Orange Bowl parade of the Police Department that it could not be in the parade and we said if you wanted to you took the money from the General Fund. They said, absolutely not. Now, I saw the float of the Police Department in the parade and I would like to know where the monies came from and what funds they came from... Commissioner Dawkins: How much was it? Commissioner Plummer: ...after this Commission was told there was no way that that float would appear in the parade. And I would like to know the source of = funds since we didn't approve the $35,000 from the... No, I'm using this to bring up that... " Lt. Joe Longueira: Sir, I believe when the item was passed, you agreed to pay half from the General Fund and half from LETF (Law Enforcement Trust Fund). -� Commissioner Dawkins: No, no, we did not, Commissioner Plummer: Nope, Nope, we did not. Lt. Longueira: We'll need to get a transcript. Commissioner Plummer: Will you get us a transcript and I would expect the -- reply... Commissioner Dawkins: Wait a minute. You don't need that. Commissioner Plummer: OK. Commissioner Dawkins: But get it anyway. It was said, you can not take the money from LEA [sic]. It was said, right, take the money from the Police General Fund. Number two, if the Police Department feels that this is something they want to do and that it is an annual event... It should be budgeted in the police budget as a reoccurring annual expense. That what was said. Then somebody... I don't have to say somebody. The Chief comes to me and says, that we are going to do the float and the $35,000... $55,000 we are 34 January 14, 1993 W going to use will be one policeman. And I told him, we did not tell you to cut the personnel budget, we told you, take it out of the take-home car budget. Now, get the minutes. Commissioner Plummer: OK. I would ask for an answer... Lt. Longueira: Commissioner... Commissioner Plummer: ...within seven days and I would like to see the cancelled check of how it was paid for and what source it came from. Lt. Longueira: Commissioner, just further clarification. Commissioner Plummer: Sure. Lt. Longueira: You said from the General Fund and it only... What happened was the people making the float agreed to reduce the cost of the float so we only had to pay that seventeen five and I believe it came out of General Fund. Commissioner Plummer: Fine. If... Commissioner Dawkins: What General Fund? The police fund, right? Lt. Longueira: Well, the general fund portion of the police budget. Commissioner Plummer: You'll send me a copy of the cancelled check, I would like to see it and what fund it came from. Lt. Longueira: We'll get you the documentation. Commissioner Plummer: I move Item 23. Mayor Suarez: So moved. Seconded by Commissioner Dawkins. He moved forward and I always take that as an indication of a second. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-21 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, ENTITLED "OYERTOWN NEIGHBORHOOD PARTNERSHIPS", IN THE AMOUNT OF $50,000; FURTHER AUTHORIZING THE ALLOCATION OF $16,667 FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 69001, INDEX CODE 029002-247, AS THE CITY OF MIAMI POLICE DEPARTMENT'S LOCAL AGENCY MATCH; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 35 January 14, 1993 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 10. (A) AUTHORIZE ISSUANCE OF $20,000,000 PARKING SYSTEM REVENUE BONDS IN ONE OR MORE SERIES) FOR PURPOSE OF REFUNDING CITY'S: (a) 16,275,000 PARKING SYSTEM REVENUE BONDS (SERIES 1986); AND (b) $2,000,000 SUBORDINATED PARKING SYSTEM REVENUE BONDS (SERIES 1986) . (B) DISCUSS PROPOSED PLAN TO HIRE WACKENHUT TO PATROL BISCAYNE BOULEVARD PARKING MEDIAN TO PROTECT THE PUBLIC FROM INDIVIDUALS OFFERING TO HPROTECT" CARS FOR A FEE. (C) COMMISSIONER DAWKINS INSTRUCTS DEPARTMENT OF OFF-STREET PARKING TO GO EASY ON TOWING AWAY CARS WITH OUT-OF-STATE LICENSES, BECAUSE OF POTENTIAL EFFECT ON TOURISM. ------------------------------------------------------------------------------ Mayor Suarez: Item 2. Commissioner Plummer: Mr. Mayor, in reference to item 2. Is Clark. Cook here? I asked the Manager to put an item on the agenda. Anna Marie, the Manager wants you. Which unfortunately, I'm told that my request was received by the Administration the same day the agenda was printed. I think we furnished all of you copies. I am concerned about Biscayne Boulevard in the median where there are people there selling parking spaces and getting compensated for protection. I guess nobody is interested. What really bother me when I asked Mr. Cook what was being done because people are calling my office that are literally scared to death to park their cars in that median because of a request for money to protect their cars. Mr. Cook said that he addressed the issue by talking with Wackenhut for $100,000 because when he calls the Police Department they won't respond anymore. Based on the fact that they're taken and released almost immediately, that they feel it's a waste of time and I can understand that, possibly. But I'm very concerned that we're going to spend possibly $100,000 for scenario that I think should be a police activity and not paying Wackenhut another $100,000. So, I'm very concerned about this... Did I send all of you? I don't know if I sent you the memo or not. I will send it to you today. I think that this Commission better address it. I think we better address that issue because I can tell you... Mayor Suarez: I tell you I dealt personally with it. 36 January 14, 1993 Mayor Suarez: My wife and I have dealt with people who are doing that. Give -A them some money to carry them over the weekend until Monday and try to get 41 them some housing. Some of them are homeless people. But that cannot go on and I just don't know what better way there is then what is being proposed. j Commissioner Plummer: $100,000 to Wackenhut? Mayor Suarez: I'm just saying, I don't know if we can handle 1t as a police matter. Mr. Manager, the inquiry has been made that as an alternative to spending $100,000 for private security to protect the City of Miami streets from people who would charge to do surveillance of automobiles that are legally parked on parking meters that we should simply have the police somehow handle that and not spend $100,000. 1 think you are to hear this discussion. Mr. Cook. Mr. Clark Cook: Yes, just a few minutes of clarification, Mr. Mayor. We have a proposal for $100,000. We haven't said we were going forward and we are working very closely with the police. Commissioner Plummer: Oh no, I didn't say that. Mr. Cook: Actually after Commissioner Plummer, and I was very appreciative, he had called us. We recognized this as a serious problem shortly after the hurricane. It began to appear and got worse and worse. These people... Fact, last Friday one of our enforcement officer was attacked down there by one of those people. They're very aggressive. We had talked to the Downtown Businessman Association and DDA (Downtown Development Authority) about what could be done. Wackenhut put in a proposal but at the same time the Police Department has been working to find out how serious the problem is. They're down there this week with plain clothes people. Mayor Suarez: May we assume that the idea is that these security people would not simply be just dealing with the few individuals who are charging to protect automobiles, but they would be providing security in the general downtown area, the tourists and otherwise, helping being like courtesy facilitators for all of Miami's downtown? Commissioner Plummer: Is that a nice way of saying extortion? Because that's what they are doing. Mayor Suarez: No, but I mean. We can always use more security presence whether it private or public to enhance the downtown's overall security. I mean I can't imagine that the $100,000 will be needed just to keep a few people off the parking meters there. Commissioner Dawkins: $100,000? Mr. Cook: If I may make a suggestion, I would like to get the report back from the police on this situation based on the information they have today and come back to you on the 28th and respond... 37 January 14, 1993 11 Mayor Suarez: OK. You need more time then. You're not proposing to spend $100,000 just yet. Mr. Cook: I would like to respond to you. At least make a recommendation to you to what I think should be done. Commissioner Plummer: Mr. Mayor, Mr. Manager, I would hope... Mayor Suarez: Yes, Commissioner Plummer and then Commissioner Dawkins wants to inquire. Commissioner Plummer: I would hope, Mr. Manager, that you will invite the Police Department to go down there because I want to tell you to wait another two weeks for the purposes of tourists being absolutely petrified. I want to tell you I think 1t begs out for attention. So, I would hope that something would be done between now and the 28th. Mayor Suarez: OK. Commissioner Dawkins. Commissioner Dawkins: Mr. Cook. Mr. Cook: Yes, sir. Commissioner Dawkins: Who is the bond counsel and all in this deal? Mr. Cook: The bond counsel is Marty Fine, Fine Jacobs. They bid the contract. You passed it, it was one of the lower bids that we had received. Remember that the financial people are consortium of local people involved. Commissioner Dawkins: You know, I keep saying this and nobody seems to hear me or nobody seems to care. OK. The City of Miami continues to refinance and re -bond off-street parking, sport authority and the DDA and I have yet to see anybody come in here with a black firm or Latin firm or female firm as lead counsel for these bonds. Now, you can't tell me, I mean, can't make me believe that we constantly refinance bonds and it's the same people who are coning in with big firms, making the money where the little firms that this money would keep the lights on and telephone paid and they are not getting the work. Mr. Cook: Barnes McGhee 1s also the underwriters' attorney. The underwriters In this case, Commissioner Dawkins, are all local underwriters and they contain a number of minority companies involved. But the attorney for the underwriters is a minority firm, Barnes McGhee. Commissioner Dawkins: OK. You see I have to tell you. This is the first time I told you. But let me tell you like I tell all of them. I am tired of black, Latin and women working on the plantation. I want them to own the plantation so they can hire some workers. OK? Mr. Clark: I understand. Commissioner Dawkins: All right. Now, the second thing I have is, is there any way, Mr. Clark, you can instruct your employees that the basic income for 38 January 14, 1993 the City of Miami is tourism? And when they see a car with license plate which says Oklahoma, Wyoming, don't put a ticket on it and have it towed away. I mean, who in the hell is going to come back to the City of Miami when they had to spend two and a half days running around over Miami to get their car 1 that was parked somewhere for a lousy $2.00? So, I wish you would relndoctrinate or orient your people that tourism is our thing. Mr. Clark: I will certainly do that. I Commissioner Dawkins, When a tourist is parked some place, give it a break. -{ Mr. Clark: We do that periodically but I'll reinforce that. Commissioner Dawkins: Let's do it all the time. Mr. Clark: I will reinforce that. Commissioner Dawkins: OK, thank you. Mr. Clark: I have one error, typographical error I would like to correct. The lawyer suggested that we correct. Mayor Suarez: On which item? Mr. Clark: On item 2. It should read 1993-•A bonds, instead of 1992-A. It was just a typographical error. Mayor Suarez: All right. We got the interdelineation, as they used to call It. On item 2 then I'll entertain a motion. Commissioner Dawkins: Move it. Mayor Suarez: Moved. Commissioner Plummer scribbled something that sounds close enough to a second. Commissioner Plummer: Second. Mayor Suarez: Thank you. Any discussion? Now, phase read the Ordinance. Call the roll, please. 39 January 14, 1993 AN ORDINANCE -- AN ORDINANCE, WITH ATTACHMENTS, AUTHORIZING THE ISSUANCE OF PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA UNDER ORDINANCE NO. 10115 ENACTED ON JUNE 26, 1986, IN AN AGGREGATED PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, IN ONE OR MORE SERIES, FOR THE PURPOSE OF REFUNDING THE CITY'S $16,275,000 PARKING SYSTEM REVENUE BONDS SERIES 1986 AND THE CITY'S $2,000,000 SUBORDINATED PARKING SYSTEM REVENUE BONDS, SERIES 1986; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL AND THE INTEREST ON SUCH BONDS FROM NET REVENUES DERIVED BY THE DEPARTMENT OF OFFSTREET PARKING OF THE CITY OF MIAMI, FLORIDA FROM ITS PARKING SYSTEM AND CERTAIN INVESTMENT INCOME; PROVIDING FOR THE ISSUANCE OF SAID BONDS ON A PARITY WITH THE CITY'S PARKING SYSTEM REVENUE BONDS, SERIES 1992A; AWARDING THE SALE OF SAID BONDS ON A NEGOTIATED BASIS; AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER TO APPROVE FINAL PRINCIPAL AMOUNTS, MATURITIES, INTEREST RATES, REDEMPTION PROVISIONS, AND AMORTIZATION REQUIREMENTS, IF ANY; APPROVING THE FORM OF AND AUTHORIZING THE MODIFICATION AND EXECUTION OF A BOND PURCHASE AGREEMENT RELATING TO SAID BONDS; APPROVING THE FORM OF A PRELIMINARY DRAFT PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID BONDS AND AUTHORIZING THE APPROVAL AND DELIVERY OF A FINAL OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE MODIFICATION AND EXECUTION OF AN ESCROW DEPOSIT AGREEMENT AND DESIGNATING AN ESCROW AGENT THEREUNDER; DESIGNATING A BOND REGISTRAR, AUTHENTICATING AGENT AND PAYING AGENT FOR SAID BONDS; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO EXECUTE ANY DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ANY ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SAID BONDS AND THE REFUNDING OF BONDS TO BE REFUNDED WITH THE PROCEEDS THEREOF; AND PROVIDING AN EFFECTIVE DATE. —3 Passed on its first reading by title at the meeting of December 10, 1992, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: s �I 40 January 14, 1993 'ME AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor Do Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11033. 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. ------------------------------------------------------------------------------- 11. PRESENTATION OF AN AWARD BY LUIS DE ROSA, MANAGING DIRECTOR OF THE PUERTO RICAN CULTURAL FOUNDATION, INC. TO THE CITY OF MIAMI AND CITY COMMISSION FOR THEIR SUPPORT OF THE 1992 ANNUAL PUERTO RICAN CULTURAL PARADE / FESTIVAL. Mayor Suarez: Luis De Rosa, I see you are with us a little bit late due to the closing of some street. Whichever reason it may be, you wanted to make a presentation because of our participation, cooperation and support of the 1992 Annual Puerto Rican Culture Parade Festival. It one of the most elegant and fun events in the City. Mr. Luis De Rosa: If I may, I will only take a minute of your time, if I may. Happy New Year to all and especially the City of Miami. On behalf of the grand marshal of last year who was Senator Enrique Rodriguez Ligon from the government of Puerto Rico, representing governor -elect Rosello. He asked that I express my appreciation to the City Administrators and the City Commissioners in particular. And also I do thank Commissioner De Yurre who was the one Commissioner met with him and attended the parade. Publicly, also, in appreciation for your outstanding contribution on behalf of our foundation and our community, I personally also would like to thank you. As you know, I have been before you many Limes before and I would like to report to you that this year, although I'm just coming back for the permits, I'm not coming back for any financial support. Mayor Suarez: Very good. Mr. De Rosa: So, obviously, we received the support of the corporate America, and of course, thank you very much, City Manager, for your support throughout the years. Mayor Suarez: Luis, will you work with our office and maybe on behalf of the entire Commission to congratulate... to send a letter congratulating the new governor and inviting him to coma to our City for... 41 January 14, 1993 _i Mr. De Rosa: That would be a very good idea. In fact there is talk that for =' this year's event, Rosello will be down... I know the Secretary of Commerce - for Puerto Rico who is looking to promote both markets, in terms of trade -° between Miami and Puerto Rico which is the honorable Elliot Rivera has - intentions to make a presentation before the Puerto Rican Chamber of Commerce =_ -' sometime in March, but the Governor is looking. We are looking at talking -f sometime in November to have him come before the City. Mayor Suarez: Very good. I know the Mayor San Juan was in town too. I didn't get a chance to meet with him. All right. ---------------------------------------------------------- NOTE FOR THE RECORD: At this point, agenda item 3 was withdrawn. ----------------------------------------------------------- 12. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: DADE COUNTY EMS GRANT AWARD (FY '93) -- APPROPRIATE $223,937 FOR ITS OPERATION CONSISTING OF: (a) $136,703 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) UNDER FLORIDA EMERGENCY MEDICAL SERVICES GRANT PROGRAM FOR COUNTIES; AND (b) $87,234 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS -- AUTHORIZE CITY MANAGER TO ACCEPT GRANT AWARD AND ENTER INTO NECESSARY LETTER OF UNDERSTANDING. ------------------------------------------------------------------------------ Mayor Suarez: Item 4, first reading ordinance, establishing a new special revenue fund entitled, Dade County EMS Grant Award. Mr. Cesar Odio (City Manager): This is a grant award for the EMS purposes. =` Mayor Suarez: Total amount of $223,000 etcetera from the State of Florida } Department of Health and Rehabilitative Services. I'll entertain a motion of Item 4. Commissioner Alonso: Move. Commissioner Plummer: Move it. ={ Mayor Suarez: Moved. �i =j Commissioner Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Now, please read the ordinance. -- Cali the roll, please. 42 January 14, 1993 SIM AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DADS COUNTY EMS GRANT AWARD (EY193)" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE TOTAL AMOUNT OF $2239937, CONSISTING OF A $1389703 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES UNDER THE "FLORIDA EMERGENCY MEDICAL SERVICES _ `? GRANT PROGRAM FOR COUNTIES", AND $87,234 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS, s: AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY LETTER OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND/OR METROPOLITAN DADE COUNTY, IN A FORM ACCEPTABLE 1 TO THE CITY ATTORNEY AND SUBJECT TO APPLICABLE CITY CODE PROVISIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed an its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins -- Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: 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 Dawkins: I don't know why but the last six votes you voted to call me first. Try going the other way around and let me come second, please. OK? Ms. Matty Hirai (City Clerk): Yes, sir. Commissioner Dawkins: All right. I don't care... I don't care... — Mayor Suarez: He's voting twice over at the end. All right. 443 January 14, 1993 =:y: s- t ^4 .:Lax �. .. .. •€-. -� 13. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE ESTABLISHING NEW SPECIAL REVENUE FUND: TRANSPORTATION PLANNING AND COORDINATION (See label 49). Mayor Suarez: Item 5, first reading ordinance, establishing a new special =— revenue fund entitled "Transportation Planning and Coordination" et cetera, Metropolitan Planning Organization... Commissioner Plummer: Can I ask where these funds are going? — Commissioner Dawkins: No, it's not either. Commissioner Plummer: I have a request... Commissioner Alonso: Me too. Commissioner Plummer: ...from my staff of ITB (International Trade Board) that why can't staff of the ITB be granted some of these funds for their planning activities especially in the Allapattah area. Commissioner Alonso: I'm glad you're saying that. Mr. Joe McManus: These funds are coming from the... Commissioner Alonso: Yes. I was going to suggest also that area. I think that feasibility study is in order for the areas of Allapattah and Wynwood. The I-95 entrance is going to enhance the area tremendously and if some of this funding is applied for this purpose, I think it is very well deserved. Commissioner Plummer: Well, I'll move item 5 with a provision that says at least a third of the funds go to ITB for their ongoing study of the Allapattah and Wynwood area. They have been engaged now for about three months and I'll —_ be coming to the Commission within the next month of so, showing you some - things that they have been doing down there for the merchants on 20th Street particularly. Mayor Suarez: No, this is related to transportatio:. _ Mr. McManus: ...transportation. — Commissioner Plummer: Yes, sir. But that's a part and parcel of the overall — - study that ITB is doing to try to encourage and enhance international people = - to get involved in that particular area. So what I would like to see, Mr. Mayor, is that a third of these funds could go to the ITB for their use of that continuing study. That would be my recommendation. Mayor Suarez: Can we table the item? Let me tell you what I think we ought — to try to work up, so that we can adjust to the Commissioner's wishes, is the -- '. kind of wording that will make 1t fit under the purpose of the MPO s (Metropolitan Planning Organization). I think there is enough in the area of __ 44 January 14, 1993 transportation planning that we ought to do for that area, that I think we can do that. Don't you think, Clark? Mr. Clark Turner: Yes, I think so, Mayor. The alternative would be to allow _ us to expend funds... to instruct us to expend funds within the guidelines of the Section 9 - the Transportation Act Grant. The grant under... Mayor Suarez: Which is fairly generic? Mr. Turner: That's right. Well, the guidelines are fairly broad but they also... =r Mayor Suarez: So what I think he's thinking about is of course, the linkage between trade and transportation. I mean, logical linkage and we got the issue of rail connectors for the Wynwood Foreign Trade Zone, etc. Mr. Turner: That's a perfectly logical connection and I think there's a considerable work that could be done that direction that would be eligible. However, I couldn't say that we would be able to expend one third of the funds —_ for that because I'm not sure that would fit within the eligibility requirements. Mayor Suarez: Could we just leave it as a little bit more ambiguous request _ rather than specify a third so that we won't run afoul of the MPO legislation? Commissioner Alonso: I think that area has a pressing transportation problem. Mr. Turner: Yes, there is no question about it. —`' Commissioner Plummer: Well, I will be happy to go with the Mayor and = deferring it out. Because I want to tell you, Mr. Mayor, for your information, we have had the support of two people from Planning assisting ITS In this study and I think that the delegation of the funds can go through =- those two people who are working with our staff for more enhancement. -i Mr. Turner: Mr. Mayor, could I point out a... t Mayor Suarez: Very good. If you do want to table the item, maybe be we �y can... or even defer it, maybe we can act on the MPO inter -local... It's not really the inter -local agreement I don't think. Let me try to characterize it =, correctly. What we've done in the MPO, Commissioners, I think will make you happy. You know my membership in the MPO is by virtue of gubernatorial appointment. What we now have is a new agreement by the MPO governing board which so far has been the nine County Commissioners plus myself and a private sector representative. Mr. Jones is going to make it all quite kosher and proper by the time we are through with this new resolution. What we have done, J.L. and Commissioner... ...and Miller, what we have done is to revamp - -' the membership in the MPO so that four cities are guaranteed membership in - the MPO and the respective Mayors of the cities nominate... the Commissions - have to approve the appointments and in my case I would be inclined if you approve this new agreement, to resign as the member of the MPO who in effect has been representing the City and nominate one of our own members for your approval and that ordinance... Is that in the form of an ordinance? Am I _•' stating it correctly or is that a resolution? 45 January 14, 1993 Mr. Turner: Resolution. Mayor Suarez: That this Commission has to approve and I would like to distribute it with a brief explanatory cover letter which I have not yet drafted. But it's basically going to say what I just stated. Instead of = having to depend on... Oh, the League of Cities also get two appointees, by the way, but up to now it's been just one public sector appointee from all of Dade County and that appointed by the Governor. I managed to get that appointment and I served on for a couple of years, but I think it more fair that four cities... and I think the cities are the four that have the greatest transportation needs. I think they're Hialeah, Miami, Miami Beach and Homestead. And then, of course, two representatives from League of =x Cities, I think in addition. So all of a sudden, it goes from being something the County Commission sort of controls with nine out of eleven members to -" something a little more broadly participatory and... Commissioner Plummer: Well, that's... In the Florida League of Cities, they have a similar setup, Mr. Mayor. By virtue of the fact that they go as a board --- of directors, one from each congressional district. To make it fair, they take one representative from each of the ten largest cities. And what you are _ saying is basically the same concept and the same formula. Mayor Suarez: And it wasn't easy. I mean, there was some resistance on the County Commissioners to expanding the membership in this way. So, I would hope that I can get those documents before you, maybe even later today. If he's satisfied on the issue of the wording that we can spend some of the monies as much as a third for issues related to the transportation planning of the neighborhood. You were talking about Wynwood, right? Commissioner Alonso: Wynwood and Allapattah. Mayor Suarez: Wynwood and Allapattah, God knows those areas need a tot of transportation planning. Commissioner Alonso: Yeah. Mayor Suarez: That then the money would flow through ITB... —�j Commissioner Alonso: They have a serious transportation problem and they have to go from... Instead of going through the main entrance of 1-95, they have to go around from small streets and it does create serious problem of transportation. I think it's long overdue. — Mayor Suarez: Could we try to get the whole package together and maybe approve this afternoon if you can come up with some wording? — Commissioner Alonso: I think it'll be good if 1t could be done today because =-- it was postponed before. - �} o i Mayor Suarez: I have on my desk the package on the new ordinance for the Commission to approve and you can work on the wording that says that we will spend a third on transportation planning through ITB for those areas. All right. Thank you both. That then tables item 5. We're on item 6, first reading ordinance amending the Code of the City of Miami.., 46 January 14, 1993 - Commissioner Plummer: Mr. Mayor, is there any problem with my concerns or my request that we can't go ahead and establish the funds? It just a matter that this Commission would reserve the right for the disbursement of those monies with the deterred potion of it. f; Mayor Suarez: I think it's better for handling of it from your prospective if we go ahead and pass the ordinance already with the definition and it doesn't have to come back to this Commission. Commissioner Plummer: As long as 1t is understood that... See, I'm asking for a third of that money. Is that understood? Mayor Suarez: Yeah. Just give me to the rest of... till the afternoon and we can pass with already that wording and it flows through the ITB. Commissioner Plummer: That's fine. That's fine. Mr. Cesar Odio (City Manager): Excuse me. Why don't you pass it on the first reading. You will have to bring it back for a second reading. Mayor Suarez: Right. I'm just asking for a few hours so that I can also get the other package in and we can get that resolved. Mr. Odio: Sure. Commissioner Plummer: So what do you want to do? You want to... Mayor Suarez: Table 1t until this afternoon and we get that wording... Commissioner Plummer: That's fine. Mayor Suarez: and hopefully I can get that other memo out to you so we can get the resolution approved. The two things kind of go together. I don't think it clarified here. The County Commission revamped the membership of the MPO at the same as this allocation of funds was made. It wasn't... one thing was not unrelated. [AT THIS POINT, THIS ITEM WAS TABLED.] 47 January 14, 1993 14. DENY PROPOSED FIRST READING ORDINANCE TO AMEND CODE SECTION 6-1 (RESTRICTIONS ON KEEPING POULTRY, FOWL OR GRAZING ANIMALS) BY AMENDING THE TERM "GRAZING ANIMALS" TO INCLUDE "PIGS", AND TO ALLOW MINIATURE, DOMESTICATED, POTBELLIED, VIETNAMESE PIGS IN THE CITY. M;;jor Sua,,ez: Item 6, first reading ordinance amending Section 6-1 of the Code of the City of Miami, et cetera, amending the terms "Grazing Animals" to include "gigs"... We are really doing this? Commissioner Plummer: I move to deny. Mayor Suarez: ...to allow miniature, domesticated, potbellied, Vietnamese pigs... Commissioner Plummer: Hey. Mayor Suarez: Why am I reading this? Mr. Joe McManus: By way of reminder... Commissioner Plummer: Are they here? Mr. McManus: ...the pig appeared at the Commission meeting of November 12th. Mayor Suarez: Yeah. I remember the pig. Commissioner Plummer: Pork Chop. Mr. McManus: This Commission directed the Administration to prepare legislation. Commissioner Plummer: We sent it to you to try to get rid of them. Mayor Suarez: It sat up in the front row there and behaved better than a lot of the people that sometimes attend these meetings without any specific names. Yes, Commissioner Dawkins. Commissioner Dawkins: I'll be voting against this. Mayor Suarez: Right. Commissioner Dawkins: If anything happens. Mayor Suarez: All right. Commissioner Dawkins: Because it says grazing animals. According to Webster, graze means to feed on growing herbage to crop and eat in the field. I do not - �° know a pig that grazes like a cow, crops and eats in the field. So now, I don't know how the Administration or anybody else expects me to vote on an animal that you want to call a grazing animal that I don't see as a grazing animal. - �s 48 January 14, 1993 SAY -i� i 4 .e.....�.m.. A Mayor Suarez: This is really quite an issue the last time, Joe. You just missed the meeting, you know, you came here afterward, you don't have the props anymore, the pig is not here, the guy is not here. Very flamboyant guy with escorts, et cetera. What does the Commission want to do with this item. Mr. Manager? Commissioner Plummer: I move to deny. Mayor Suarez: Moved to deny. F. Vice Mayor De.Yurre: Why don't we have a... set up a blue ribbon committee to study this. -- Mayor Suarez: Blue Ribbon Committee, Jill Dunroe as the chairperson, obviously accepts. Commissioner Plummer: What? -..a Mayor Suarez: We're going to set up a Blue Ribbon Committee. You're going to be the chairperson to... Commissioner Plummer: The hell you say. �q Mayor Suarez: Move to deny, is it seconded? He moved to deny. You second? =` Commissioner Dawkins: Yeah, yeah to deny. Mayor Suarez: Moved and seconded. Any discussion? Now, please, ca11 the roll. Commissioner Plummer: I was told by a great number of my constituents that =� are of Hispanic background to give the pig to them and they would show you what will be proper for that ordinance to create. It's called apple in mouth. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-22 A MOTION TO DENY AGENDA ITEM 6 (PROPOSED FIRST READING ORDINANCE) SEEKING TO AMEND SECTION 6-1 OF THE CODE BY AMENDING THE TERM "GRAZING ANIMALS" TO INCLUDE "PIGS" AND TO ALLOW MINIATURE, DOMESTICATED, POTBELLIED, VIETNAMESE PIGS, ETC. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: '' 49 January 14, 1993 - W AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez. ABSENT: Commissioner Miriam Alonso COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: On the "lechon," yes. Why do you keep trying to demote him? I mean, you're trying to tell him something? Mayor Suarez: I'm going to vote no. particular preference for... Commissioner Plummer: You like pigs. This is not... I'm not showing a Mayor Suarez: ...domesticated pigs or otherwise. It just seems like we could probably have this ordinance without any great disaster happening in the Citj of Miami but I recognize my colleagues' concern. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Be Yurre: Well, the thing is that if you allow pigs and somebody comes in with some other type of animal, what are we going to say to them? Mayor Suarez: Well, if they come here and do a show like the other guys did... Commissioner Plummer: No, let's be honest with each other. Mr. Mayor, would you want a yard of pigs next door? Mayor Suarez: No, please, guys. I just want... Can I just vote no on one thing without engendering a major discussion here? It seems like that was a fine domesticated animal and I guess we're defining that kind of domesticated animal out of our code. I don't think we are, as a matter of fact, maybe that's why my vote is symbolic. I think they can have that domesticated pig in their homes without any problem. Commissioner Dawkins: I have no problem with them having the domesticated pig any place he desires to have it, but on the other side of 1385 N.W. 50th Street. Either side of that I don't want it. Any place else that he wants it, is fine but... Mayor Suarez: Within a one mile radius of Hadley Park and 1385... Commissioner Dawkins: ...do not call it a grazing animal, that's all I'm saying. Like you say, if you want to call it a domesticated animal and bring It back and see if that will fly, that's fine. Mayor Suarez: All right, I'm afraid to ever bring it back. But, maybe, Joe, 1f they felt that this was really needed for, you know, all kind of public purposes... No, Sergio? Then the logical question is if it wasn't needed, 50 January 14, 1993 a then why did you put it on the agenda? Why didn't you convince this gentleman that maybe he could go ahead and have his domesticated pig without a new ordinance? Mr. Sergio Rodriguez (Assistant City Manager): Because you instructed us to do so. Mayor Suarez: You struggled to do so? Against... Mr. Rodriguez: You asked us to come over here and bring it before you because you... Mayor Suarez: We asked you this? Mr. Rodriguez: Yes, sir. So that's why we were bringing it. Commissioner Plummer: Yeah, we were trying to get rid of these publicity seekers and the only way we could do it was to sluff it off with the department and say, please get rid of these people and get them out of here. Mayor Suarez: All right. Commissioner Plummer: The whole thing was a publicity stunt. Mr. Rodriguez: You said he behaved like a pig. Mayor Suarez: He behaved... He did not behave like a pig. Well, he did behave like his pig, because his pig behaved quite well. Commissioner Plummer: You noticed with no cameras here, they're not here. ------------------------------------------------------------------------------- 15. (A) FIRST READING ORDINANCE: AMEND CODE SECTIONS 2-313, 2-314, 2- 316, 2-318 AND ADD 2.319 BY ADDING / AMENDING DEFINITIONS, EXPANDING LOBBYIST REGULATIONS TO INCLUDE ACTIONS, DECISIONS AND RECOMMENDATIONS OF CITY COMMISSION, CITY STAFF AND CITY BOARDS -- PROVIDE A FEE FOR LOBBYIST REGISTRATION -- REQUIRE CITY CLERK TO PUBLISH PERIODIC LOGS -- PROVIDE EXCLUSIVE PENALTIES, PROHIBIT CONTINGENCY FEES, PROVIDE A SAVINGS CLAUSE. (B) CITY COMMISSION REQUESTS CITY ATTORNEY TO CLARIFY JENNINGS INTENT -- DIRECT ATTORNEY TO DESIGN A FORM TO BE PLACED IN EACH COMMISSIONER'S OFFICE TO BE SIGNED BY ALL WHO LOBBY IN CONNECTION WITH QUASI JUDICIAL MATTERS. ------------------------------------------------------------------------------ Mayor Suarez: All right. Item 7, first reading ordinance, expanding lobbyist regulations to include actions, decisions and recommendations... Is this where they would have to pay? Ms. Matty Hirai (City Clerk): Mr. Mayor, Commissioners, on item 7. Mayor Suarez: Yes. 51 January 14, 1993 y Commissioner Plummer: Yeah. Ms. Hirai: After we forwarded to the Commission a copy of this thing through the agenda, we invited the comments of several of the attorneys that regularly make presentations before the City Commission and we're very grateful for their suggestions and comments. We tried to interlineate some of those comments in the versions that we forwarded to your offices a couple of days ago and now we're open for your decisions as to those comments and the context. Mayor Suarez: What do you do with the non -attorneys, non -high powered lobbyist, the citizens that might want to lobby us on a matter? Commissioner Plummer: I think we just should outlaw them all. Ms. Hirai: If they are compensated, then they would... Mayor Suarez: They are not affected by this because they are not compensated? Ms. Hirai: to pay... If they are compensated, they are a lobbyist and they would have Mayor Suarez: If they are not compensated? Ms. Hirai: If they are not compensated... Mayor Suarez: They are not affected by this ordinance? Ms. Hirai: They are affected, some of them, for instance, on page S. Mayor Suarez: Can you tell me that if they are not compensated, they're not affected by this ordinance? En Ms. Hirai: Yes, they are, Mr. Mayor. Some of them... ---- Mayor Suarez: You can't tell me that. So, therefore, they are. So, therefore, I'm going to vote against the ordinance. I don't need for myself to impose any more regulations on citizens who come here and who are not compensated and who want to tell us how they think we ought to vote. I don't want to regulate them at all. I think they ought to have absolute right to do that. I don't think they ought to be sworn in, I don't think... they are just citizens who want to tell us what to do. So I put my vote... m� Ms. Hirai: The person who represents their own... on their own behalf, and they are not required to file at all. Mayor Suarez: Can you tell me that if a person is not compensated, that they will not be affected by this ordinance at all? Ms. Hirai: They will not be affected by the ordinance if they are not compensated, Mr. Mayor. 52 January 14, 1993 M Mayor Suarez: things... That's all I was asking and you kept saying... Vice Mayor De Yurre: Including if they are lobbyists by profession? Ms. Hirai: Pardon, sir? Vice Mayor De Yurre: Including if they are lobbyists by profession? read some -- Mayor Suarez: Yes, suppose there's a lobbyist who makes a living being a lobbyist and yet wants to come on an item that, not for compensation, and convinces us of something? —_ Ms. Hirai: If it's on a pro bono basis, they would not be affected by this. — jMayor Suarez: It's on a pro bono basis. All right that means that if they don't get compensated for that particular item, they will not be affected by this? Ms. Hirai: Yes, sir. Mayor Suarez: And whose idea was this? Ms. Hirai: The ordinance was in existence, Mr. Mayor. Mayor Suarez: Right, but I mean as far as charging now. Ms. Hirai: Well, the County charges and we did a little research nationwide and most of them do charge for the registration. So, we felt the attorneys have not had any... Mayor Suarez: And figure this is a good way to get our hands on some of their money. Ms. Hirai: ...negative comments about..♦ the charge is very nominal. Mayor Suarez: They very... How nominal is nominal? What is it a hundred... Ms. Hirai: It is a $100 a year. Mayor Suarez: A year? Ms. Hirai: Yes, sir. Mayor Suarez: All right, Commissioners. I have talked enough on it. How do you feel? Item 7. Commissioner Plummer: Let me tell you how I feel. I have mixed emotions. I think I would be happy to move it on first reading but before second reading I want a public hearing for all parties involved to come and testify before this Commission. Mayor Suarez: Would you want that... It is obviously going to be a public hearing. Are you indicating that you want to notify... �" { 53 January 14, 1993 k bi Ll Commissioner Plummer: Yes, sir. Mayor Suarez: ...for example, all the people who have been lobbyists gay during 1992, for example? Commissioner Plummer: people... That's fine. Whoever we feel would be the potential v Mayor Suarez: Affected people. Commissioner Plummer: ...who will be appearing here in the future. Mayor Suarez: With some procedural safeguards for the affected class to at least be notified that this is going to impinge on them, Commissioner Plummer moves it on first reading. We have a second? Vice Mayor De Yurre: Second. Mayor Suarez: Second. Any discussion? If not, please read the ordinance. Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE RELATED TO LOBBYISTS AND AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY: ADDING AND AMENDING DEFINITIONS, EXPANDING LOBBYIST REGULATIONS TO INCLUDE ACTIONS, DECISIONS AND RECOMMENDATIONS OF CITY COMMISSION, CITY STAFF AND CITY BOARDS, PROVIDING A FEE FOR LOBBYIST REGISTRATION, PROVIDING EXCEPTIONS; REQUIRING THE CITY CLERK TO PUBLISH PERIODIC LOGS, PROVIDING EXCLUSIVE PENALTIES, PROHIBITING CONTINGENCY FEES, AND PROVIDING A SAVINGS CLAUSE; MORE PARTICULARLY BY AMENDING SECTIONS 2-313, 2-314, 2-316, AND 2-318, AND BY ADDING NEW SECTION SECTION 2-319; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Vice Mayor De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez. ABSENT: Commissioner Miriam Alonso. 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. 54 January 14, 1993 COMMENTS MADE DUPING ROLL CALL: Commissioner Plummer: May I inquire... Sorry. Mayor Suarez: Put me down as a no on that. Yes, Commissioner. _21A COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: May I inquire, Mr. City Attorney, I don't know about my colleagues, but I'm somewhat confused on this Jenkins [sic] issue. Commissioner Dawkins: On what now? Commissioner Plummer: The Jenkins [sic], of who can come see me about... Jennings is it? I'm sorry. I don't understand it and I want to be honest with you. I don't want to have someday... Miller, do you understand it? Miller. Mayor Suarez: In matters of zoning - right? - we are not supposed to be approached by either party. Commissioner Plummer: Let me tell you, I don't want to wake up tomorrow morning by opening my door to people who have the right to cane talk to me and find my name in an indictment because I did something wrong. I truthfully _ don't understand who can and who cannot come and talk to me and what and why w and what about. A. Quinn Jones III, Esq. (City Attorney): Commissioner, if I might, if it would help you, I'll give you a copy of the memorandum that I sent to each of —` you when Jennings decision was rendered. Contrary to the belief that it only applies to zoning, it is my belief that it may have far reaching kinds of consequences other than zoning matters. As I read it, it really pertains to any matters where you may act at a quasi-judicial capacity. Hence, the caveat that anyone who comes to speak with you or approaches you relative to any matter 1n which you may be acting in your capacity as Commissioner voting on whatever, you should make note of it, as I indicated in the memo, inform the clerk of the various boards, so that if anyone should challenge you, you will have made a public record showing that "X" person had approached you regarding "X" issue on "X" date and of course, what the court has indicated in that — regard is that anyone who may challenge you, would have the full benefit of that and have the full benefit of cross-examining you as well as that = particular individual or individuals that have approached you. - Commissioner Plummer: Are you in effect saying that anybody that speaks to me — should go to the clerk and tell the clerk that they came to see me and what _ time they came to see me and what they discussed just to get it on record to = protect myself? Mr. Jones: No. I'm not saying that they should. I'm saying that you should make a record of some sort indicating who this individual is and the nature of the issue that this person approached you about. For instance, if it's a zoning matter whatever, you could do a memo in effect saying on "X" date you were approached by "such and such" person regarding "X" issue, send a copy of that to the Clerk of the Zoning Board. 55 January 14E, 1993 Commissioner Plummer: I'll be honest, I don't understand it. Commissioner Dawkins: You know, J.L. is correct. I'm confused more so than �.j anybody else. There is an item on the agenda this afternoon because of that confusion. A gentleman came to see me about the flea market at the baseball stadium. OK. I don't know what to tell him, so I say put it on the agenda - and let everybody come before the Commission and voice... and then another gentleman called me and said it has no business on the agenda because I'm against it. So I say, hey, the only thing I can do is... } Commissioner Plummer: You know, I'm getting the same thing. Mr. Jones: Commissioner, the guiding principle should be that any matter that you expect or anticipate to be voting on concerning that particular issue in your capacity as City Commissioner, particularly quasi-judicial matters. It doesn't pertain to legislative matters, whatever quasi-judicial, where you in effect are exercising some sort of judicial power making a final determination whatever else. That is guiding principle. Of course, it would be ludicrous for you to have to keep record of each and every individual that approached you, because your constituents approach you on a daily basis. Mayor Suarez: What is quasi-judicial? I mean, why do they define us as being quasi-judicial when they want to impose on us rules about not meeting with people ex parte, as the courts like to say. And yet, when they want us to be subject to public records taw request, to subpoenas, to every other kind of =_ thing, Ethics Commission complaints, et cetera, all of a sudden we are almost like nonentities. We just like private citizens and yet when all of a sudden, we are quasi-judicial. I mean I would love to have some of the power the court have to tell people to go jump in a lake whenever they start prying into their affairs. We can't do that. Judges can seal off their court rooms - can == they not? - so that the media 1s not in there pretty much when they think it's a matter that should be kept confidential. We don't have a right to do that. �- This is ridiculous. I mean they are trying to impede government. Now, what kinds of things does it apply to? Zoning cases? Mr. Jones: This particular case, of course, dealt with the variance so you're talking about things like rezoning, special exceptions, variances... Mayor Suarez: You know what worries us, for example? Commissioner Alonso: Zoning is in effect right now. Mr. Jones: Excuse me? Commissioner Alonso: If zoning and all items related to zoning is in effect right now. Mr. Jones: Yes. It applies to those. Mayor Suarez: Well, it is in effect in what sense you mean? Commissioner Alonso: We don't meet with them. J 56 January 14, 1993 - t Commissioner Plummer: I understand that too. s Mayor Suarez: If you're walking down the street and/or your house, like Plummer... J.L. says, Commissioner Plummer says and somebody commas to you mm house and says, by the way, we are kind of worried about the planning study on 27th Avenue. Commissioner Plummer: Yeah. Mayor Suarezt What you suppose to do? Not talk to them? Commissioner Alonso: It is, in effect. Mr. Jones: I think the decision... Commissioner Alonso: We're bound by it... the law. Mayor Suarez: Yeah, I know. But at somo point, some of us may have to say we're not going to abide by that. We have a constitutional right as legislators and as citizens to speak to other citizens about important matters. Commissioner Plummer: Well, you're also... Commissioner Alonso: This was one of the point that was brought to the County Commission at the time 1t was discussed how dangerous it could be and it is. You're preventing the citizens to talk to you about issues that are important =} to them. Commissioner Plummer: It goes a step further and it's another side of that coin. It 1s the people you are telling it to think that you are arrogant, they think that you are not doing you job, that you don't want to listen to them and more importantly, it is suspicion that you are helping the other side and that is why you don't want to talk to them. Commissioner Alonso: You're right. Commissioner Plummer: OK. Somewhere along the line, Mr. City Attorney, whether it is somebody 1n your office who we got to send and get a note from the teacher that we can talk to them legally... there's got to be some way because let met tell you something I don't want to wake up one morning and see that I violated a law that I don't know about and I am putting fully on the record that I don't understand. So somewhere or another... Mayor Suarez: In that connection, to put a specific item on the board here for consideration. What about the item 22? The one we postponed for this afternoon after 4:00, Cafe Sci Sci. Does that come under quasi-judicial? Commissioner Plummer: Item 22? Oh, that was on the Consent Agenda. Mr. Jones: That's a good question. Mayor Suarez: No, it's a regular agenda. 57 January 14, 1993 Mr. Jones: It's on a regular agenda. It's not really a zoning matter of sort even though... Mayor Suarez: Is that a quasi-judicial? Because we certainly have been contacted by both sides on that, at least I have. What am I suppose to do tell them off with your head, otherwise I can't talk to you? Mr. Jones: let me just say this... Mayor Suarez: Mr. City Attorney, can you give us an opinion, a hint as what you feel about that particular kind of matter? Mr. Jones: What I would do, Mr. Mayor, if you have that grave a concern. I would put on the record, when that discussion comes up, the fact that you have been approached or been contacted by "V number of persons and what the extent of that contact was so if the other side or any other interested parties wish to cross examine or question them further... Mayor Suarez: Oh, you're going to give me the very conservative approach assuming that It may be under the Jennings guideline and assuming that it is kind of ex parte and not doing it. That's not what I want. I want the more liberal interpretation. I want us to be able to go as far as we possible can without ending up in jail. Mr. Jones: Well, I understand what you're saying. I'm trying to give you the full parameters, and at the same time protect you. Mayor Suarez: Well, is the Cafe Sci Sci matter, the interpretation of a law that has to do with sidewalk cafes, is that a quasi-judicial? Mr. Jones: I don't think it's a... It's not a quasi-judicial decision of sorts, but you do have to make a decision on it. Mayor Suarez: Thank you. So we can freely speak on that and assume that you will defend us in court later. Mr. Jones: Absolutely. Commissioner Plummer: Mr. City Attorney, from my benefit would you prepare some kind of form that I can have in my office, and other Commissioners if they wish. Number one, outlining what you feel is the interpretation of that law, and number two, a form who people would be coming to my office would sign with the date, the time and what they're there to talk about and whatever else is necessary to cover our red behinds as far as the law is concerned. Mr. Jones: I will prepare a form. Commissioner Plummer: And I think that would go a long way. You know, I, like the Mayor, I don't want to be walking down Flagler Street and be stopped by saying, "Hey, I got a hand full of these things. Sign them." But I don't know how else we're going to protect ourselves and I'm sure not want to get into trouble. So, I hope to proceed from there. Mayor Suarez: Thank you. All right. 58 January 14, 1993 16. (A) DISCUSS AND DEFER PROPOSED FIRST READING +ORDINANCES: (a) TO _ AMEND CODE SECTION 2-422(b)(1) BY REQUIRING THAT THE TERM OF CITY COMMISSIONER SERVING AS CHAIRPERSON OF INTERNATIONAL TRADE —_ BOARD BE REVIEWED BY CITY COMMISSION ON OR ABOUT JUNE 1ST EACH _ YEAR; AND (b) TO AMEND CODE SECTION 14-26(c)(1) BY REQUIRING THAT THE TERM OF CITY COMMISSIONER SERVING AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD BE REVIEWED BY THE CITY COMMISSION ON OR ABOUT JUNE 1ST EACH YEAR (See label 50). (8) COMMISSIONER ALONSO DEMANDS EQUAL RIGHTS AND OPPORTUNITY TO BE CHAIRPERSON OF A CITY BOARD NEXT JUNE. =I NEOPPOWAW, - Mayor Suarez: On Item 8. Is that what we are on? Amending the Code of the City of Miami requiring... Commissioner Plummer: Yeah. Commissioner Dawkins: So move. Commissioner Plummer: No, no. I want to change this wording. I thought we were going to rotate. Commissioner Dawkins: No, we didn't say that. Commissioner Plummer: Why didn't we? Commissioner Dawkins: Well, it can be rotated... Commissioner Plummer: I thought it was rotation with a possible continuance. Mayor Suarez: They are one-year appointments and reappointments. Is that what you mean by rotation? Commissioner Plummer: Mr. Mayor, according to my good friend, Mr. De Yurre, whether he's Vice Mayor or not, this was instigated to be where these chairmanships would rotate. OK. That is not what this is saying. This is saying to review and I think the word should be rotate and possible reappointment. Commissioner Dawkins: OK, no problem. Mayor Suarez: You know the wording can just be simply to reappoint meaning to have a new appointment. Commissioner Plummer: Reappoint would be to me the person who is there to be reappointed. Mayor Suarez: Oh, I see what you're saying. All right, the wording can be... Commissioner Alonso: I think it should be at that time and the Commission will make the decision which way to go. —1 - -r 59 January 14, 1993 Mayor Suarez: To have new yearly appointment. You want to have that kind of wording? To have a 12-month appointment. However you want to word it. Commissioner Dawkins: Review at the end of the year and make an appointment. Mayor Suarez: Make an appointment. Commissioner Dawkins: period. Mayor Suarez: OK, All right. Commissioner Plummer: AK. Commissioner Alonso: Yeah. Commissioner Plummer: When I voted with De Yurre on this item, I did it because I thought it was a good way of doing things. All people would get involved in all boards. Commissioner Dawkins: J.L., we're ready to vote. Mayor Suarez: If you're satisfied, we're ready to vote. Vice Mayor De Yurre: The thing is also, Mr. Mayor, that there has to be some sense of continuity to some degree. Because really in one year you can start projects but if you know you can be there For at least a good two years, you can accomplish a number of things. And by the time it takes his six months to learn the ropes... Commissioner Plummer: Well, Victor, when you say that then it... two ears three years and you, like I say, hey, give me another four years to the public because I started and am not finished and I've been saying that for twenty- three years. OK. How many years are you going to say it on the chairmanship? Vice Mayor De Yurre: And it has worked out for you. No, what I'm saying is to make it the review kind of thing. Don't obligate the Commission to make changes because there may be circumstances that's better to keep going. Commissioner Plummer: Well, let me go on the record and say, when you proposed this before, it was to change the chairmanship so that each Commissioner had a full knowledge of what each board was doing. And I agreed with you at that time and voted for it and I still think it's a good thing. Hey, my promise to this Commission in reference to Bayfront Park, hopefully, by the end of this week will be my obligation that I made a pledge to you to be in the black ink, it's going to happen this week. I'm almost certain and I would like to move on to another board. Commissioner Dawkins: We don't want you on another board. Commissioner Plummer: I know you don't, but I'd like to. Mayor Suarez: All right. With that modification of the wording, Mr. City Attorney, are we in the position to... 60 January 14, 1993 77777 N.1z s = Commissioner Plummer: That would apply to both 6 and 9. - Mayor Suarez: Right. t A. Quinn Jones 111, Esq. (City Attorney): What's the modification of the t wording, Mr. Mayor? << Mayor Suarez: The modifl-,tions we want to have wording, table it, maybe we need to unless you have it quite ready, that indicates there is a whole ? reappointment process, a whole new appointment pp process at the end °!— of each — — H twelve-month period. F Commissioner Plummer: For the chairman. Mayor Suarez: Right. Commissio.ier Plummer: As relate to the Commission chairman. - Mayor Suarez: Right. Commissioner Plummer: And Mr... you never brought back as to the Commission Chairman of the Bayfront Park. Mayor Suarez: Some Commissioners would like to build in the thinking that -1 s it's a rotating thing meaning it's not the same one from year to year. Other Commissioners would like to build in the assurance that it can be, C-A-N, the same one from year to year. t Commissioner Dawkins: Can or cannot be. Mayor Suarez: That it can.. 1411".Commissioner Dawkins: Can or cannot be. -= Mr. Jones: With respect to the Bayfront Park Trust... - _ Mayor Suarez: That it can be or cannot be. And maybe the most neutral - - wording you can come up with but clarify that there is a wholesale review of = the process not a simple reaffirmation or something is what we need. -= Commissioner Dawkins. There you are. Mr. Jones: With respect to Bayfront Park Trust, which you made reference to, there is no Commissioner that is chairman. Commissioner Plummer: I understand that. Mayor Suarez: That's the one we are going to make for life anyhow. Commissioner Plummer: Excuse me, Mr. Mayor. My understanding was that it was _ - going to be put into effect that a Commissioner who served on that board. F Mr. Jones: We prepared that but you tabled it. 61 January 1.4, 1993 •Ltd �-L + Commissioner Plummer: I tabled that to the implementation date that it would be implemented at the end of the date of the person who is presently serving. That's fine. - Vice Mayor De Yurre: if you want, J.L., come review time in June or whatever, we'll switch boards. I'll take ITO and you can take DDA. Commissioner Plummer: You got it. Oh, but yes. Mayor Suarez: As to the ordinances, are we in a position that we can vote on both of these, or do you need more time? Mr. Jones: Let me do this, Mr. Mayor. Let me work on the language and bring it back. Mayor Suarez: It has to be as neutral as possible, please. Commissioner Plummer: Move to defer 8 and 9. Mayor Suarez: All right, so move. Well, we just table, J.L. Commissioner Plummer: Wait a minute, now. Hey, if I don't have a shot as being chairman of the DDA, there's going to be some problems around here. Mayor Suarez: You definitely have a shot at it. Commissioner Plummer: I want my shot of having the opportunity to serve as chairman... Commissioner Dawkins: Why do you have different wording for 9 and 8? - and it's the same thing. Mayor Suarez: It should be both the same thing. Commissioner Alonso: If 1 may at this time ask a question and ask from my — fellow Com!nissloners to think for a few minutes about this. Have you thought that I never had one of these boards? And you people are talking about taking �- one more and don't think that there is... I know but the problem is... Have you thought about this? And have you considered that all members of this Commission were elected by the public, by the citizens and that I have equal rights to each and every one here. And I think this is very unfair. This is a picture because when you look at this you should look on fair basis and not i want to do this for myself but for the experience of the person representing Seat 4. I'm sitting here and I think I have equal opportunity to all the _ members who have been addressed before. Maybe because I look a little bit different to the rest of you, it doesn't mean that I should not have the experience and I think it has been long overdue and I want to advise all of you that I have every intention in the world to demand, if takes that term to ;{ have this opportunity the same way that some of my fellow Commissioners have had over and over and over again. ;1 Commissioner Plummer: Madame Commissioner, you will see on my agenda that was why I struck the word "review" and inserted the word "rotate." — z 62 January 14, 1993 Commissioner Alonso: Commissioner, I understand that that have been your position, but it's not the same position that it has been taken before. For example, the Mayor went as far as to change who was Chairman of DDA to dive Commissioner Be Yurre the opportunity to be chairman of DDA because he claimed that he did not have one board at that particular time. At the same time I have been here for three years and I did not have the opportunity and it was not offered to me. And I respect... Mayor Suarez: That's not the reason I did it. That's not a correct characterization at all. Commissioner Alonso: Mr. Mayor, but it did happen. He claim and... Mayor Suarez: Yeah, but you just didn't describe what happened. You described why you think it happened. Commissioner Alonso: No, no. It was the wording what Commissioner De Yurre said at that time. He said, finding myself without a board, and you look for the record and request the transcripts of that particular meeting, you will find that was the wording that he used. And I don't want to make a big issue of that. What I want to emphasize is that come June, I would like to have that opportunity as well to serve as well as the rest of the members of the Commission. I think it is a fair request on my part. Mayor Suarez: The problem is that we got two boards that have a certain amount of desirability to be chairperson of it and I was by law, by ordinance of the City of Miami, Dade jury or whatever the correct term is, ex-officio Chairman of one of those boards and I resigned to make it available to a member of this Commission. There are only two that particularly desirable. There is one we would love to appoint you or anyone else to which of course is the Bayfront Park Management Trust. Nobody particularly wants that. Commissioner Alonso: Well, actually that's not a chairman, Mr. Mayor. Mayor Suarez: We're in the process of making it. Commissioner Alonso: It does not have a vote. That is why Commissioner Plummer doesn't want to be there. Mayor Suarez: I know. We also tried with the Off -Street Parking Authority and of course it failed the approval of voters. I will say this to the extent as chairman I had occasion either working with other municipalities or ad hoc Committees or whatever to appoint people and to suggest to this Commission and to submit to your vote the appointment of any one of our members to chair ad hoc Commissions. I think I have been more than fair in that with all the members. But there is a problem that we have two desirable boards, a trust, I guess, which is the Sport and Exhibition Authority and the Downtown Development Authority. One of which was for the Mayor to serve in that capacity and I ultimately yielded that position by suggesting a change in the taw and for whomever would be appointed, in this case, Commissioner Be Yurre. Yes, Commissioner Dawkins. 63 January 14, 1993 3 j Commissioner Dawkins: I agree with Commissioner Alonso that everybody should have the opportunity to serve on a board and therefore, the wording for S and 9 should be drafted which says that in June each chairperson position will be evaluated and anybody who is getting three votes becomes the chairperson. Mayor Suarez: OK. That's about as neutral a way as phrasing as you can possible do it. So... Commissioner Plummer: Excuse me. That goes without saying, we still operate on the Holy Ghost, behind trinity of Father, Son and Holy Ghost, three votes. So, you're really not saying anything by saying the Commission by three votes. That what it is anyhow at all time. Mayor Suarez: All right. It reflects reality at least. Mr. Jones: That what we have... Commissioner Dawkins: It reflects that you will take each board individually and nobody, as Commissioner Alonso said, will say, you are the Holy Ghost, son, be here and you're it. Commissioner Plummer: OK. Mr. Jones: Commissioner, that what you have essentially before you now. Commissioner Plummer: Exactly. Mayor Suarez: We need the inspiration of the Holy Spirit to get out of this one. All right. You will be drafting that wording for afternoon passage of the ordinance, I hope. Commissioner Plummer: I' l l tell you something. I want it fully known right now. I am going after being chairman of ODA. Mayor Suarez: There we go. Mr. Jones: Mr. Mayor, the problem with the four boards... Commissioner Dawkins: You are going chairman to what? Commissioner Plummer: I'm going after being chairman of ODA. Vice Mayor De Yurre: J.L. Commissioner Dawkins: You can have it. You got my vote, my brother. Commissioner Plummer: So be it. Mr. Jones: Mr. Mayor, with the four boards, it's going to take a little more time because you're going to have to tailor it to each group and make it work out right. I don't know... no, it can't pass on the first reading. Mayor Suarez: No, no. All we want to do on these two to put wording that clarifies as was just stated by Commissioner Dawkins that this is a wholesale 64 January 14, 1993 evaluation on a yearly basis and appointment of a new chairperson by the Commission or a chairperson to serve for that next twelve months. You want to word it so that it as neutral as you can be as to the issue whether the same person will be or not be reappointed. Vice Mayor De Yurre: May I clarify one thing. Is it open that three votes here determine that the person should remain in that position, that it can be so, or does 1t have to be changed automatically? Three votes dictate. r Commissioner Dawkins: Three votes. oil Mayor Suarez: Right. Vice Mayor De Yurre: OK. Fine. Commissioner Plummer: Well, Victor, like he said, three votes can change anything, but I think it the intent we are trying to establish here in these ordinances today. When you came here, it was you who brought before this Commission, what I thought were very good suggestions, these things should be rotated to give each Commissioner the experience of what each board does. Now, you can't do that.., like Miriam have not served on any of them. Now, that's not going to stop her, I'll tell you that. You know that and I know It. But it still the idea that you operate from within rather than having to operate from without. Commissioner Dawkins: As you said, it was Commissioner De Yurre's idea to do this and he was the first one that didn't want to give up a board. Vice Mayor De Yurre: Review, review. Commissioner Plummer: Shame on you. Call Channel 6. Mayor Suarez: Items 8 and 9 are tabled. Item 10. [AT THIS POINT, ITEMS 8 AND 9 WERE TABLED.] 65 January 14, 1993 ---------------------------------------------------------------------------- 17. DISCUSSION CONCERNING ONGOING NEGOTIATIONS WITH AT&T CONCERNING THEIR PROPOSED SUBSIDY, AND A ROLLING MARQUEE BOARD TO BE INSTALLED AT THE ENTRANCE OF BAYFRONT PARK TO ANNOUNCE EVENTS TAKING PLACE IN THE PARK -- COMMISSIONER PLUMMER SEEKS DIRECTION CONCERNING NEGOTIATIONS. ------------------------------------------------------------------------------ Commissioner Plummer: Now, Mr. Mayor, could I ask a personal privilege, please? I am on the horns of a dilemma. Mr. Manager, you all have to help me out. As you are presently aware, I am negotiating a very, very large contract with a very well known phone company for Bayfront Park, who could, in fact, by the end of this week, if we meet terms, could take Bayfront Park out of red ink Into black. Here is what I have to have an answer, because it is the key point. Mr. Manager, they are demanding - and I have no problem with it - that a board... marquee board would be placed in front of that park, which without question would have their name on it, but it would be a rolling marquee to announce the events that are taking place in that park, that would announce... that we could sell the commercial space on to derive revenue, and I have to know from this Commission, do I have the authority to say to this company that you can install that sign on Biscayne Boulevard, in the park area? Because if the answer is negative... Mr. City Attorney, I hope you're listening. A. Quinn Jones III, Esq. (City Attorney): Yes, I am. Commissioner Plummer: If the answer is negative, I can almost, without question, tell you that the negotiations cease immediately. Commissioner Alonso: What is the size of the... Commissioner Plummer: Miriam, roughly the size of the marquee is five foot high, the sign of their commercialism, which also, by the way, says 'Bayfront Park - Claude and Mildred Pepper" and then uh-uh-uh Commercial is the third line, 1s the same five foot. Now, it would be... I'm guessing, it's approximately 15 feet off the ground. it's the idea, can we erect... I can change the size. OK? Can we erect a sign on Biscayne Boulevard? Do I have the latitude to so negotiate? And I don't know. And I've got to have an answer today, because the people are here from New Jersey wanting to finalize this contract before they go home tomorrow. Mr. Jones: Commissioner, who would erect the sign? Would it be the City? Commissioner Plummer: They would pay for the sign. We're talking $100,000 marquee. Mr. Jones: Because there is... And I brought it to your attention before. There is a case out of Santa Rosa County and I'd have to go back and check on it, but my recollection serves me that the City of Santa Rosa was challenged on a very similar thing, using City right-of-way to erect such a sign. Commissioner Plummer: No, this would not be in the right-of-way. Mr. Jones: It wouldn't be in the right-of-way? January 14, 1993 Commissioner Plummer: No. This would be in the park. Mr. Jones: On the City property? Commissioner Plummer: Yes, sir. My concern 1s, there was, according to Wally 1 Lee - I don't know how he got into this picture - he made a comment to someone that it was in the master plan of Bayfront Park that a marquee kind of sign would be there. Now, if it's in a master plan, then is it said that it could Ere done? I've got to have an answer. Mr. Mayor, we're talking about a proposal for five years of $1,000,000. OK? So, I've got to have an answer and I'd like to have an answer before 6:00 tonight. Commissioner Dawkins: What's the difference... Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: What's the difference, J.L., in the Challenger's Memorial, which is on Biscayne Boulevard and would be the marquee? Commissioner Plummer: Well, there are a number of differences. Commissioner Dawkins: What are they? Commissioner Plummer: OK. Number one, the Challenger Memorial is not a commercial venture. Commissioner Dawkins: But it's still... Commissioner Plummer: This would have the name of a commercial organization, profit making. Commissioner Dawkins: No, no. But see, I could very easily go and put a commercial on the Challenger. Commissioner Plummer: Agreed. Commissioner Dawkins: OK. So what's the difference? Commissioner Plummer: The difference is we're going to get revenue from this. Commissioner Dawkins: OK. Well, so we go the U.S. army and tell the U.S. army, you can recruit with this sign for X number of dollars a year. Commissioner Plummer: All right. Mr. Manager, and Mr. City Attorney, is it possible that I could have an answer by 6:00 o'clock this evening? OK? Commissioner Dawkins: If you don't bring it up again until then, yes. Commissioner Plummer: Excuse me? Commissioner Dawkins: If you do not bring it up again until then, yes. But if you bring it up again, no. 67 January 14, 1993 4 Commissioner Plummer: Oh, I'm sorry. Commissioner Dawkins: OK. All right. Commissioner Plummer: All right? So, I'll then have an answer... Tell them I'll have an answer by 6:00 o'clock. Thank you, Mr. Mayor. 18. (A) SET POLICY OF THE CITY COMMISSION THAT THE CITY SHALL NOT ARREST ANY HOMELESS INDIVIDUAL SOLELY ON THE GROUNDS OF BEING HOMELESS. (B) APPROVE $100,000 FROM LAW ENFORCEMENT TRUST FUND FOR PURPOSE OF RELOCATING HOMELESS PEOPLE OUT OF THE "MUD FLATS" AND INTO REHABILITATION CENTERS -- DIRECT CITY MANAGER TO PLACE $100,000 IN RESERVE, AS THE CITY'S PORTION, UNTIL MATCHING CONTRIBUTIONS FROM THE STATE AND THE COUNTY ARE IN PLACE. Mayor Suarez: All right. On item 10, Pottinger versus City of Miami. Commissioner Dawkins: Somebody. Mr. Cesar Odio (City Manager): Mr. Mayor, on item 10, I put this item on because I felt... I would like to recommend to you that we pass... Commissioner Dawkins: You put it on? Mr. Odio: ...a resolution today to make it official what our policy has been now for at least two years, and send this to Judge Atkins, which is that we have not been arresting people for being homeless. I think it's important that we legalize that and make it into a form of a resolution, so that it's very clear what our policy has been now. Commissioner Dawkins: Yeah. But... Mr. Odio: We are not arresting people for being homeless. Commissioner Dawkins: Mr. Manager's Mr. Odio: Yes. Commissioner Dawkins: We are under a court order not to put hands on them, not to stand in the way as they pass by, don't push them off the sidewalks. And we have been abiding by that court order. So, now why is it... I mean... So that means if we are abiding by the judge's order, why is it necessary to cane back and say by resolution that we are going to obey the law of the courts. A. Quinn Jones III, Esq. (City Attorney): Because, Commissioner, you've never, as a Commission, expressed, in terms of a policy, what your position is. And it's very important that there be... 68 January 14, 1993 Yal�w'r"e'.wewro L:� Commissioner Dawkins: Mr. City Attorney? Mr. Jones: Yes. Commissioner Dawkins: As a lawyer, you have right... you may be right, but i did not express that I wouldn't. So, all right. So now, don't... I mean... Mr. Odio: So.. ' Commissioner Dawkins: Don't put it in the realm of where it doesn't make sense. Now, I did not... We never said we would not adhere to the judge's ruling, which means we would. Now you're saying I never said I would, so I may not. Commissioner Plummer: Well, are we not talking about that we simply will not arrest them for being... Commissioner Dawkins: We are not arresting them now, J.L. Commissioner Plummer: No, no. But other violations... If they commit other violations of the law, we will arrest them... Mr. Odio: We are not... Anybody will be... Anybody that breaks... Commissioner Plummer: ...like providing protection to the cars on Biscayne Boulevard. Mr. Odio: Anybody that breaks the law will be arrested. Commissioner Dawkins: You can't... OK. When they urinate on the streets, is that breaking the law? Mr. Odio: No, sir. Commissioner Dawkins: Yes, it is. Mr. Odio: If they are home... Commissioner Dawkins: You cannot arrest them. Mr. Odio: No, sir, if they are homeless. And that's... It's a long... Vice Mayor Be Yurre: I think... Mr. Odio: ...complicated... Commissioner Dawkins: If you are home... Wait a minute. Mr. Odio: If we provide them an alternative... Commissioner Dawkins: Wait a minute. Wait a minute, Mr. Manager. Wait a minute. If you do anything - throw paper - do anything - cause litter - you broke the law. 69 January la, 1993 Mr. Odio: Let me... Commissioner Dawkins: Now the judge says that we cannot touch them, in view of his ruling, which... Now the judge ruled this. Right? It doesn't necessarily have to be the law of the land. The law of the land is the supreme court. Mr. Odio: Well... Right. Commissioner Dawkins: So, as long... And I go along with you. I mean, I want you to... I'm with you 100 percent. Whatever it takes... i I Mr. Odio: OK. Commissioner Dawkins: ...for the word to get out that we are not doing the i things that you say... But see... Mr. Odio: That's what... Commissioner Dawkins: But I want it understood that I'm not passing a law today to say that we are not going to arrest the homeless. I want 1t understood. We are not doing it, because it's already under court order. Mr. Odio: Correct, sir. But you're making a statement and so let everybody know that we are not arresting the homeless. Commissioner Dawkins: OK. Now, I don't have a problem with that. Vice Mayor De Yurre: First of all, we need to be clear on what the judge said, because the judge did not say that you could not arrest a homeless if he commits any legal act. Mr. Odio: That's correct. Vice Mayor De Yurre: What the problem is, that because they're homeless, there are certain laws... Mr. Odio: Bodily functions... Vice Mayor De Yurre: ...which become unconstitutional when it comes to them, because of their status. Because they... For example, they have to sleep somewhere. They have to... You know, they have necessities that have to be addressed that they have to take care of. And that may be constitutional, and there may be laws against the average citizen doing it, but because of their situation, they have to do certain things that are illegal to us, but to them they have to be legal, because of their status. Mr. Odio: Unless we provide an alternative. Vice Mayor De Yurre: Unless we provide "a safe haven" or an alternative, which we will be talking about in the next item. So, what we need to understand is for example, panhandling - there is no law, no judge's order or anything that days that we should allow panhandling. But for some reason, because they are homeless, or people who act as homeless are doing it, you 70 January 14, 1993 know, nobody stops the panhandling out in the street. And that is a nuisance to this community. Now, I don't believe that the judge would have the intention of saying, "Heyl You have to allow panhandling to go on, because It's being done by homeless." That is an illegal act that is constitutionally prohibited whether you're homeless or not. Commissioner Plummer: It doesn't mean a thing. Mr. Odio: I think that's why... Commissioner Plummer: No, no. Excuse me, Mr. Manager. You know, Victor, if I didn't sit at the entrance to I-95... or 395, in front of a sign that said, "City of Miami ordinance prohibits windshield washing," with three guys there washing my windshield... You know, a law is no better than the enforcement of it. Commissioner Alonso: Indeed. Commissioner Plummer: And, you know, you're saying, "Oh, hey, panhandling 1s = illegal." Well, you know, our Police Department has got a lot more to worry about than a panhandler. You know, to me they're obnoxious, but they are not =_ sticking a gun in my face. Commissioner Dawkins: Mr. Manager... Wait. Mr. Mayor, we're off the point. Commissioner Plummer: Are we? Commissioner Dawkins: We're on the point of getting... Mr. Odio: OK. I... _ Commissioner Dawkins: Yes, we are. Mr. Odio: So, my recommendation... Commissioner Dawkins: We're supposed to be talking about passing a resolution, and let's pass that... Mr. Odio: Let's pass that. Commissioner Dawkins: ...and go to the next item. We'd be here all day. Mr. Odio: And I... Commissioner Plummer: Move it. Vice Mayor De Yurre: Well, what's the... Mr. Odio: OK. Vice Mayor De Yurre: What's the motion? Commissioner Dawkins: What's your... What's the Manager's recommendation? 71 January 14, 1993 E 4 y F4 f Commissioner Plummer: That we're not arresting homeless for being homeless. Mr. Odio: A motion that the City of Miami policy is that we will not arrest... Commissioner Dawkins: No, no. Mr. Odio: ...someone for being homeless. Right? Commissioner Dawkins: Al right. No, I'd rather say that... I will go along... Mr. Odio: OK. Commissioner Dawkins: I'll second his motion, which says... Mr. Odio: OK. Commissioner Dawkins: ...the Miami... City of Miami does not arrest the homeless... Mr. Odio: OK. Commissioner Dawkins: ...and we will not arrest the homeless. Mr. Odlo: OK. That's fine. Commissioner Plummer: No. Excuse me. Commissioner Dawkins: Unless they break the law. Commissioner Plummer: My motion was we will not arrest the homeless for being homeless. Commissioner Dawkins: OK. I second that motion. Mr. Odio: Fine. That's fine. Commissioner Dawkins: OK. I second that. Vice Mayor De Yurre: OK. We have a motion and a second. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: 3 MOTION NO. 93-23 A MOTION STATING A POLICY OF THE CITY COMMISSION THAT = - — THE CITY OF MIAMI SHALL NOT ARREST ANY HOMELESS INDIVIDUAL SOLELY BECAUSE HE/SHE IS HOMELESS. Upon being seconded by Commissioner Dawkins, the motion was passed and �- adopted by the following vote: 72 January 14, 1993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Motion 92-23, above, was later formalized as eso u ion 93-50. See label 56. Mr. Odio: The second part, if I may... Commissioner Plummer: What is this... What... Tell... Mr. Odio: If I may, is we now have a commitment. And I think it's important that we follow up on this. It's to begin to move people out of the mud flats, as we did in the front part of I-395, which worked well. The State has committed funds to this, the County. And they have asked us to commit from the Law Enforcement Trust Fund $100,000 so we can begin to place these people in rehabilitation centers, or beds, whichever 1t might be. And they are willing to start immediately, of course, subject to having to go to the judge to ask permission to proceed. Commissioner Plummer: Excuse me. Is this the Governor's Commission? Mr. Odio: The homeless... No. That proposal came from the City, and County, and State... Commissioner Plummer: What... Mr. Odio: ...separate from that commission. Commissioner Plummer: Where is the Governor's Commission? Mr. Odio: Where is it what? Commissioner Plummer: On the homeless? Mr. Odio: They are supportive of this plan. Commissioner Dawkins: With how much money are they supporting it with? Commissioner Plummer: }low much are they putting up? Mr. Odio: Well, they don't have any funds. That Homeless Coalition has no... Commission has no funds at this time. They are pursuing revenue producers now. 73 January 14, 1993 Y Commissioner Plummer: Well, why wouldn't the State of Florida put up the money? Mr. Odic: They are putting up money. Commissioner Plummer: All of it? Mr. Odic: Well, I think... I recommend that we share into this, and that... _ we do have Law Enforcement monies, and better use than this, you couldn't find. _ Commissioner Dawkins: You know, Mr. Manager... Commissioner Plummer: This is crazy.- Commissioner Dawkins: I get... I mean, I'm beginning to get very annoyed with you... Mr. Odic: I am used to that. Commissioner Dawkins: ...because every time I look up, you want Law Enforcement funds. _— Mr. Odic: Well, because this... Commissioner Dawkins: I mean, I'm getting very... I mean, I'mgetting annoyed every time I look up. Mr. Odio: What better use... Commissioner Dawkins: And you know what annoys me? Mr. Odic: What? Commissioner Dawkins: You constantly say these are free dollars. Mr. Odic: Well, they are free for us. Commissioner Dawkins: No, they're not. Mr. Odic: Because they don't come from general fund. Commissioner Dawkins: There's no such animal as free dollars. Mr. Odio: No, they're not, but at least they don't come out of general fund and property taxes. These are from drug dealers, and what better use for drug monies than to put some people who need rehabilitation... Commissioner Plummer: I'll give you a better use and that's reduce taxation by using the dollars for things that you're using other tax dollars for. Nice Mayor De Yurre: You can't do that legally. Mayor Suarez: And getting a change in taw to accomplish it. 74 January 14, 1993 Commissioner Plummer: Well, let's do it. Commissioner Dawkins: Go right ahead, Mr. Manager. Go ahead. Mr. Odio: I would recommend we start doing this. We cannot keep the... Commissioner Dawkins: What are you going to do with the $100,000? Mr. Odio: They will be... It will be used to begin placing these people under the mud flats into rehabilitation... into a rehabilitation process. Commissioner Dawkins: OK. So therefore, the $100,000 - and I'm just... I'm asking a question. Mr. Odio: Yes, sir. Commissioner Dawkins: ...fifty thousand dollars of it could be given to Miami Rescue Mission. Ten thousand... Twenty thousand dollars could be given to Beckham Hall and ten.., twenty thousand dollars to... What's the doctor's name who treats the homeless? Mr. Odio: Joe Greer. Commissioner Plummer: Greer. Commissioner Alonso: Dr. Greer. Commissioner Dawkins: Dr. Greer. So, you're saying that the $100,000 could be divided between these existing agencies. Mr. Odio: Well... Commissioner Dawkins: Are you saying... Or are you saying, take $100,000 and attempt to create new agencies? Mr. Odio: No, sir. No new agencies. We're going to use the... Commissioner Plummer: I'm not voting for it. Mr. Odio: ...providers that are now in place, and if you have a person who needs drug treatment, would go to... Commissioner Dawkins: No, I don't... See, let's not talk about the persons. Let's talk about the place that's going to provide the service. Mr. Odio: The providers will be the same... will be the same as we have now. Commissioner Dawkins: OK. Mr. Odio: There will be no new providers. Commissioner Dawkins: Yeah. But how do I understand how you plan to get the $100,000 to the provider, and what providers are you going to use? 75 January 14, 1993 Mr. Odio: Well, when you,.. Let's suppose you identified a drug user, you would have to call the agency that deals with that, and you have to pay them directly for that service, for that .. for whatever they're going to provide to that individual. Commissioner Dawkins: So... Mr. Odio: That's why I don't know right now... Commissioner Dawkins: Wait a minute. All right. Who else is putting money? I mean, I'm with you. OK? -- Mr. Odio: The State and the County. Commissioner Dawkins: The State? All right. Each one is putting $100,000. Mr. Odio: Yes, sir. Commissioner Dawkins: So... Commissioner Plummer: How much are you getting from the Gables? Mr. Odio: Coral... Who? Commissioner Plummer: Coral Gables? Mr. Odio: Not a penny. Commissioner Plummer: How much are you getting from Miami Shores? Mr. Odio: I... Look... Commissioner Plummer: Is it not their problem also? Mr. Odio: Of course, it's everybody's problem. Commissioner Plummer: Then why should I... Why should the people of my City be burdened with the sole responsibility that is a total County problem... Mr. Odio: Because... Commissioner Plummer: ...and the rest of these cities get off scot-free? Mr. Odio: Because you are a... Commissioner Plummer: That's wrong. Mr. Odio: You're a born leader, Commissioner. Commissioner Plummer: I'm a what? Mr. Odio: We have to lead. 76 January 14, 1993 Commissioner Plummer: Born leader. Mayor Suarez: I want that exchange. I want to keep that for posterity... Commissioner Plummer: Yeah. I want the recording of that exchange. Mayor Suarez: ...and maybe have it in big, large print. Commissioner Plummer: We'll use 1t as his eulogy. Mr. Odio: That's fine with me. — Commissioner Dawkins: You know... — Mr. Odio: I'll die being a leader. - -' Commissioner Dawkins: You see, I can... I go along with you, Mr. Manager. Mr. Odio: Yes, sir. Commissioner Dawkins: If we... Mr. Odio: Look, Mr. Commissioner... Commissioner Dawkins: ...localize... Mr. Odio: May I... Commissioner Dawkins: If we identify an area, $100,000 is not a lot of money to address this problem. Mr. Odio: It's nothing. It's nothing. You're talking... Commissioner Dawkins: So, if you are going to take... - Commissioner Plummer: You haven't got insurance, they aren't coming back. Commissioner Dawkins: ...your $100,000... Mr. Odio: Yes. Commissioner Dawkins: I'm just... and deal with shelters, I've got no �E problem with it. If the County is going to take its $100,000 and deal with — the drug abuse, I`ve got no problem with that. If the State of Florida is going to take its $100,000 and deal with the mothers with children... Mr. Odio: Right. Commissioner Dawkins: ...then I've got no problem with that. Mr. Odio: Why don't we leave ours and we will use it for drug rehab? Ours? 7 Commissioner Dawkins: No. See... 77 January 14, 1993 Mr. Odio: If you want.,. _ y� - ,# Commissioner Dawkins: You see... - Mr. Odio: Because that way 1t meets criteria of LETF (Law Enforcement Trust Fund), - Commissioner Dawkins: Yes. No. I really don't think that, in my opinion, drug rehab is more important than a mother... Mr. Odio: I agree. :.` Commissioner Dawkins: ...that I see over there when we... Thanksgiving Day. - Mr. Odio: Right. Commissioner Dawkins: The mothers who have five or six kids, and they're homeless. Mr. Odio: Do you understand, Commissioner... Let me say this, and I know the question... Mayor Suarez: Well, is there a consensus... Because I missed a little bit of the discussion. Mr. Odio: Yeah. Mayor Suarez: Is there a consensus that the relocation of people from the mud flats is one of the most important... Mr. Odio: Yes. Mayor Suarez: .,.law enforcement issues that we've got facing us right now? Mr. Odio: I hope... It is. Mayor Suarez: I mean, is there anybody who has a problem with that allocation of funding, assuming that the Chief recommends it and we otherwise go through... Commissioner Plummer: Well, no. I have a problem, Mr. Mayor. I have a problem to this extent... Mayor Suarez: Apparently, a lot hinges on this decision that we would make today, whether the County and the State would then cooperate in the process and... Commissioner Plummer: Yeah. But, Mr. Mayor, you see, I'm being asked as a City Conmissioner, representing the people who I represent, to put up the money for the rest of the people of this County who are not putting up a :lime. Mayor Suarez: I thought it was a hundred, a hundred, and a hundred. Isn't it? 78 January 14, 1993 F Commissioner Plummer: Well, no. That's the City, the County and the State. ` Mayor Suarez: Right. Commissioner Plummer: All right? I want to know how much is E1 Portal LLB: putting up. How much is Miami Beach putting up? - who supposedly, allegedly bring their homeless over to Miami by bus and drop them off. --" Mayor Suarez: Well... Commissioner Plummer: How much is Hialeah putting up? Mr. Odio: Wait. Commissioner Plummer: This is a total County problem. Mayor Suarez: By the way, Hialeah... Mr. Odio: That's been addressed. Commissioner Plummer: It is unfair... —' Mayor Suarez: Hialeah signed an agreement by which all of their CDBG —' (Community Development Block Grant)... �. Commissioner Plummer: It is... Mayor Suarez: ...funds, the new CDBG funds that they're getting... Commissioner Plummer: Heyl Mayor Suarez: ...all of them will be for homeless programs. That's $500,000. Commissioner Plummer: Mr. Mayor... Mayor Suarez: I just want you to know about Hialeah. Commissioner Plummer: Mr... Mayor Suarez: Miami Beach hasn't signed yet, so if you can... Commissioner Plummer: I will do my fair share, but damn it, the rest of them have got to do theirs. Mayor. Suarez: OK. But this is tha County, the City and the State of Florida. The downtown... The mud flats, are part of the downtown, an adjacent area, for the State of Florida, the County and Miami. They are... Commissioner Plummer: The mud flats are under... Mayor Suarez: Those are the three... Commissioner Plummer: ...Florida... State of Florida property. j 79 January 14, 1993 Mayor Suarez: Right. 'k Commissioner Plummer: So why aren't they paying the total... Mayor Suarez: And actually, the mud flats are even more of the State, because they are actually, technically their property. But I mean, they're downtown. ' It's Miami's downtown, the County's downtown and the State's downtown. So, if -' we went in this formula on a one hundred, and one hundred, and one hundred basis... Commissioner Plummer: Where... Mayor Suarez: ...and then we went to all of the other cities... Commissioner Plummer: Where does it come that I've got to subsidize these people who never contribute a thing to this community? Mayor Suarez: Well, in this case it's not a matter of subsidizing anybody. In this case it's a matter of... Commissioner Plummer: It is subsidizing. Mayor Suarez: ...taking care of a major law enforcement problem, and a health care problem, and a legal problem that we've got in downtown. Commissioner Plummer: Did the... Commissioner Dawkins: And a social problem. Mayor Suarez: And a social problem that we've got in Miami, whether we like... we wish that it were located in... you know, as it's been suggested here a couple of times by my brother Commissioner, Miller Dawkins, that we wish that some of this was resolved by using the Biltmore Hotel in Coral Gables. You know... Commissioner Plummer: I agree. Commissioner Alonso: And we are giving... Mayor Suarez: And yourself, I think. Commissioner Alonso: ...a hundred thousand and the State is giving? Commissioner Plummer: The same. Big old state. Commissioner Alonso: And... Exactly. And the County? Mr. Odio: The County. Yes. Commissioner Alonso: A hundred thousand. Commissioner Plummer: They rob us every week with the lottery. 80 January 14, 1993 - Commissioner Alonso: What are we going to do with this? Mr. Odio: This is a drop 1n the bucket. We need millions of dollars for... to deal with the... Mayor Suarez: We know that; but what is this going to resolve? Mr. Odio: This, we hope, will move the people from under the mud flat into beds, or rehab. Yes. Mayor Suarez: Into facilities? Mr. Odio: That's what we are trying to do. Commissioner Alonso: But we have heard this many times before. Mr. Odio: Well, we did... We worked very well in the first part. Commissioner Alonso: And we see them back... Mr. Odio: No, they did not come back. Commissioner Plummer: And you know what? Commissioner Alonso: ...into the area of downtown Miami. Commissioner Plummer: Let me tell you. The minute this gets on CNN nationwide, it is an invitation, "Come on down." Mr. Odio: Would you rather do this or have safe zones? Commissioner Plummer: Come on down! Commissioner Dawkins: OK. Let's pass this or turn it down so that we can get to 10. I mean 11. Mr. Odio: OK. Mayor Suarez: Al right. I... Hopefully, it won't have that effect. Hopefully, 1t won't be a magnet. I think if and when people continue to see the conditions of the mud flats, I can't imagine anybody being attracted to there, but I... In any event, we've got to act on this, and so, Mr. Manager, what exactly is the formal... 81 January 14, 1993 Mr. Odio: I need permission to rise $100,000 from the Law Enforcement Trust Fund to put into this... into the program under the mud flat. Mayor Suarez: And it will presumably work like CHAP (Comprehensive Homeless Assistance Plan), where people were relocated... Mr. Odio: Yes. Mayor Suarez: ...and ultimately... Mr. Odio: Exactly like... Mayor Suarez: ...ended up in treatment facilities. --- Mr. Odio: ...the first part. -- Commissioner Dawkins: OK. I'll move the motion with this amendment, not amendment, but a suggestion. Mr. Odio: OK. Commissioner Dawkins: That the Mayor... the Manager be instructed to take $100,000, hold it in reserve to put it with the other $200,000 and once the $300,000 is in place... Mayor Suarez: Then we spend it all. Commissioner Dawkins: ...then you spend it. Mr. Odio: Fine. Mayor Suarez: All right. Yeah. Make sure that the rest is... Commissioner Plummer: But... All right. Mayor Suarez: ...obtained. —� Commissioner Plummer: May I... Well, see if you get a second. = Commissioner Dawkins: Go ahead, J.L. Mayor Suarez: I'll second. Vice Mayor De Yurre: Second. Commissioner Plummer: OK. Mayor Suarez: All right. Seconded. Commissioner Plummer: May I inquire? You're not going to address the horrible conditions at Bicentennial Park. Commissioner Dawkins: Under 11. - a 82 January 14, 1993 x i w n.� Commissioner Plummer: You're not going to address the.., Commissioner Dawkins: Under 11. ' Commissioner Plummer: ...horrible conditions that are now existing in Wainwright Park. _ Commissioner Dawkins: Under 11. Commissioner Plummer: You're not going to address the horrible conditions existing right across the parking lot here, at the Dinner Key Auditorium. -. Mr. Odio: We are... Yes. Mayor Suarez: We're going to address them one at g 9 a time. I mean, this is... Mr. Odio: Commissioner, you are addressing that. Commissioner Plummer: No you're not. f Mr. Odio: Believe me, you are. - Commissioner Plummer: It's... You know, the Police... -- Mayor Suarez: We're going to 11. Commissioner Plummer: ...have a thing they call the balloon theory. Mr. Odio: Commissioner... _ —= Commissioner Plummer: What you are doing, Mr. Manager, you're going to squeeze them out from under the mud flats and they're going to be at Dinner Key Auditorium. Mr. Odio: No, we're not going to squeeze them out. Commissioner Plummer: They're going to be at... - Mr. Odio. I don't want that word to be used. Commissioner Plummer: Oh, excuse me. - j Mr. Odio: We are not squeezing them out. _ Commissioner Plummer: You are going to encourage them out. Mr. Odio: We are going to... — Commissioner Plummer: All right? - - Mr. Odio: ...with them, work... - Commissioner Dawkins: Mr. Plummer... _ 83 January 14, 1993 Commissioner Plummer: Sir? Commissioner Dawkins: You've been here 20 years, and if anybody here is aware that as we move one individual out from under 395, or out of what they refer to as the mud flats, two others are going to come in their place. Commissioner Plummer: You know it. Commissioner Dawkins: You understand that. So... Commissioner Plummer: You know it. Commissioner Dawkins: So, why are you going to prolong this? Mayor Suarez: Prolong the agony. let's see if we can... Mr. Gonzalez Goenaga, we'll be pleased to hear from you, sir, after 3:00 p.m. Mr. Manuel Gonzalez-Goenaga: On this item? Mayor Suarez: Yes, sir. Any items you want. On the item before us. We have a motion and a second. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-24 A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF $100,000 FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX CODE 029002-247, SUCH FUNDS HAVING BEEN APPROVED BY THE CHIEF OF POLICE, FOR THE PURPOSE OF RELOCATING AND ASSISTING HOMELESS PERSONS RESIDING IN THE AREA UNDER 1-395, ALSO KNOWN AS THE "MUD FLATS"; SAID ALLOCATION CONTINGENT UPON FUNDS IN THE AMOUNT OF $100,000 EACH FROM THE STATE OF FLORIDA AND METROPOLITAN DADE COUNTY BEING PLACED IN AN ACCOUNT PRIOR TO THE CITY OF MIAMI'S ALLOCATION FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: $4 January 14, 1993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Wait a minute. This is not an agenda item, correct? Mayor Suarez: Right. Commissioner Dawkins: Yes, it is. i Commissioner Plummer: OK. Ms. Matty Hirai (City Clerk): It is. Commissioner Dawkins: No, it's not. Ms. Hirai: Yes. Commissioner Dawkins: This is the Manager's pocket item. Commissioner Plummer: OK. Mr. Odio: No, no. Ms. Hirai: It's 11. Mr. Odio: No, no. Commissioner Dawkins: Yes, it is. Mr. Odio: This is item 10. Commissioner Plummer: No, it's not. Commissioner Dawkins: But it doesn't... Mayor Suarez: Did you schedule it as an agenda item? It looks like it is. All right. Mr. Odio: Agenda... Commissioner Dawkins: He said... other item... That's right. He said... Mr. Odio: Dealing with the Pottinger case. 85 January 14, 1993 - ---------------------------------------------------------------------- - 19. DIRECT CITY MANAGER TO IDENTIFY AND MAKE AVAILABLE A SITE WITHIN CITY LIMITS AS LONG AS, CONCOMITANTLY THEREWITH, METROPOLITAN DADE COUNTY IDENTIFIES TWO OTHER EXACT SITES WITHIN THE COUNTY, FOR PROPOSED CONSTRUCTION OF CENTERS TO PROVIDE ASSISTANCE / SERVICES TO THE HOMELESS. ------------------------------------------------------------------------------ Mayor Suarez: Item 11. OK. Now we go argue some more. Commissioner Dawkins: Now we're wide open. Vice Mayor De Yurre: Mr. Mayor? Mayor Suarez: Yes, Vice Mayor. Vice Mayor De Yurre: On this item 11, I don't know how many of my fellow j Commissioners have had a chance to go up to Orlando to visit the project that _ they're doing up there in helping the homeless. If you haven't been there, I urge you to go, because it provides an alternative to what is out there today. They have a program wherein they're providing shelter on a 24 hour round -the- clock basis for those that need a place to sleep in. Mayor Suarez: The shelter is kind of like the bare minimums, right? Vice Mayor De Yurre: Well, that component of it. What they have there is a big area wherein, in fact, they have no beds or anything. I guess you bring, you know, some sleeping cot, or whatever you can muster, and you can sleep there, and at least you have a roof over your head. It's a situation wherein you don't see 1n Orlando homeless out in the street, because... during the day, because they have a place to be at night, which is something that we do not have here in this community. You can go up to Seattle, you can go to San Francisco - any of our major cities - and you're going to see that they have round-the-clock shelters, wherein you don`t see that many people outside steeping on bus benches and things of that nature, because they can go to these locations and sleep, if they want, during the day. It turns out that some individuals, who are homeless because they can't make enough to have a place to live in, actually work at night and yet they don't have any place to sleep during the day. So that's a problem for some individuals, certainly not all of them. That's for sure. Mayor Suarez: So, it's not your classic stereotype of someone... Commissioner Plummer: Cesar, where is this thing... Mayor Suarez: ...who is unemployed, or may be addicted, or may be sick... Commissioner Plummer: ...that he's proposing? Mayor Suarez: ...but actually is employed. He just doesn't have a place they can afford to... OK. 86 January 14, 1993 Vice Mayor De Yurre: That is one of... Some of those individuals are in that situation. Others are your basic homeless... Commissioner Plummer: Yeah. Vice Mayor De Yurre: ...are out there, that we see out there everyday. Commissioner Plummer: Across the river? Vice Mayor De Yurre: That's number one. Commissioner Plummer: They're living there now. - c - Vice Mayor De Yurre: Secondly, they have a component which is rehabilitative ' in nature. They identify those that can be helped and they give them the detox program. They give them... If they're alcoholic, they deal with that. If they're drug abusers, they deal with that. They even have areas wherein... k Because I think there has to be an awareness that a lot of these homeless are not just men... single men. We have women and we have families. There are women with children out there. There are men with children out there. They = have also a component that takes care of the family aspect of these homeless. They have even a classroom wherein they teach the children lessons and things of that nature, until they get their feet on the ground again. This facility that they have has also a component for those that are being rehabbed, wherein they have an arrangement of a 30 day, 60 day, 90 day period that they live like in a dormitory kind of area while they're going through this program. And, to tell you the truth, it's a program that's being funded by what they - call the Homeless Coalition in Orlando. It's not funded by government. I've been looking at one situation wherein... since we last had the situation wherein Allapattah, just like every other area, doesn't want them 1n their own backyard that... And this was presented to the DDA (Downtown Development Agency) and was approved unanimously by the DDA that we have to face the fact, especially pending the judge's order, that all downtowns it major cities have shelters. They have a facility to deal with the homeless. I believe that we have to accept that fact and we have to deal with it. And, you know, I understand the concept of, you know, let Hialeah do their thing, and what _ about Miami Beach and Sweetwater and all that, but we have to start somewhere. And I think that if we're the flagship City of this community, of South Florida, that we have to do something to show an initiative and hopefully = _ others will and should follow. Now, what I have done is I asked the Administration to identify locations in the downtown core wherein property '- would be suitable to build a facility similar to what they have in Orlando. I have looked into the possibility of saying the $5,000,000 that were supposed to go to Camillus House, the $3,000,000 loan, the $2,000,000 grant from the federal government, that that be used to construct this facility and to ask - _ Camillus House to run it. — Commissioner Plummer: Why? Commissioner Dawkins: You're out of order. Vice Mayor De Yurre: Well, first of all, the $2,000,000 from the federal 7 government are contingent on Camillus House moving from their present- location. e 87 January 14, 1993 = Commissioner Plummer: Out I don't see why Camillus House has to operate it. Mayor Suarez: Commissioner Dawkins has patiently been holding his hand up... Commissioner Plummer: Oh, I'm sorry. Excuse me. Mayor Suarez: ...until the Commissioner Be Yurre has completed his report and his... it's his item so, let's please... Vice Mayor De Yurre: OK. Commissioner Plummer: OK. Vice Mayor De Yurre: The advantages of having Camillus House run it - first of all, they have the expertise; secondly... Commissioner Plummer: I question that. Vice Mayor Be Yurre: ...one of the things that we need to do is to get them out of the area where they're presently located, around the Arena, so we can ggo ahead and continue the economic development of that sector. Thirdly, the a2,000,000 which is part of the five that I'm talking about is contingent on them moving from their present location. The area that has been identified by the Administration as a possible location is an area which happens to be on the outskirts of the downtown area. It isn't in the middle, in the core, of the downtown area, which is something that is on a positive note for the, you know, commerce in downtown, for the business community in the downtown area. This is bordered by the river. It's... There's no actual happening in that area, except for the FPL (Florida Power & Light) building about a block or two away. It's an area that's quite desolate. There's... It's underneath, or next to, the underpass, or the overpass, of the expressway. So, it's an area that would lend itself for this type of activity. You received a packet with this, which it kind of shows you what could oe done. I have Sergio Rodriguez here who will explain in more detail, from a leVal standpoint in form, from a development standpoint, what can be done and what it would take to get it accomplished. J.L... Miller? Commissioner Dawkins: Mr. Manager, through you to Mr. Luft. Mr. Luft, how many municipalities are in Dade County? Mr. Cesar Odio (City Manager): Twenty-seven. Commissioner Dawkins: OK. Commissioner Plummer: Twenty-eight. Mr. Odio: Twenty-eight, I'm sorry. Commissioner Dawkins: Twenty-eight. What square miles are in unincorporated Dade? Commissioner Plummer: Thirty-nine. S8 January 14, 1993 Commissioner Dawkins: Thirty-nine square miles. OK? Is that...? Mr. Jack Luft: Unincorporated Dade? Commissioner Dawkins: Yes. Mr. Luft: Much more than that. Commissioner Dawkins: Dade County. Dade County itself. Mr. Luft: Dade County? Commissioner Plummer: Oh, just Dade County alone? Commissioner Dawkins: No. Dade County outside of the municipalities. Commissioner Plummer: Dade County total? Commissioner Dawkins: No, no. Outside of the municipalities. — Commissioner Plummer: Oh, I can't answer that. Mr. Luft: There's about... She's about 2,000 square miles. Commissioner Dawkins: OK. All right. OK. Good. Mr. Luft: The size of a state. Yeah. Commissioner Dawkins: Two thousand total. Commissioner Plummer: Outside of the municipalities? Mr. Luft: No. Two... Commissioner Dawkins: OK. All right. Mr. Luft: Two thousand square miles. C i i Al D th i t d ? WWII ss oner onso* o you mean a un "corpora a area Commissioner Dawkins: OK. Fine. OK? Commissioner Plummer: OK. Commissioner Dawkins: Now, I have to differ with Commissioner Be Yurre when i he says Orlando has the only downtown service center. In downtown Miami we have... Vice Mayor Be Yurre: No, I didn't say that. I said that they have a facility which I'm trying to bring forth and explain down here. - { Commissioner Dawkins: OK. All right. —'' Commissioner Plummer: It's ridiculous. 89 January 14, 1993 Commissioner Dawkins: In downtown Miami we have the Miami Rescue Mission which houses, treats... Commissioner Plummer: Xavier, this is playing right into the secession of Coconut Grove, the secession of Allapattah. It's playing right into their hands. Commissioner Dawkins: ...feeds and covers homeless. Downtown Miami. Downtown Miami you have the Camillus House which services, feeds, cares for the homeless. Commissioner Plummer: What I'm saying is when you go and your spending money down there and they're a City unto themselves, they haven't got any problem with the homeless. Commissioner Dawkins: You have the Salvation Army inside the City of Miami caring for the homeless. Mayor Suarez: I know. J; Commissioner Plummer: OK. They've got... Commissioner Dawkins: Now, let's say for the sake of discussion... I don't understand why the judge, the ACLU (American Civil Liberties Union), and everybody does not tell the other twenty-seven municipalities, if you just take 150 of the homeless in your municipality, then the City of Miami will not have all of those people in the City of Miami that all of you are pointing to -_ saying the City 1s doing nothing with them. If Dade County, with all the space that it has, took 1,500 or 2,000 of them and decided we're going to take this 2,000 and disperse them in Dade County, then the City of Miami would not have the problem. But everybody wants to put everything in the City of Miami, including Commissioner De Yurre. OK? The City of Miami has its fair share of facilities. And I'm going to say to Commissioner De Yurre, as I have said over and over, the federal government, through the McKinney Act, makes all federal property available to the homeless - Homestead Air Force Base is i available. There's all the land that you need to put any kind of — demonstration project that's needed to serve the homeless. Mr. Odio: Krome Avenue. Commissioner Dawkins: No, I don't know about Krone. Krone is good. But why Is it that this Dade County in itself cannot band together with the $5,000,000 that Commissioner De Yurre has identified, with the millions that are coming from the state, and from the other millions of dollars, to take free land at Homestead... in Homestead, at the Homestead Air Force Base, build five, six or eight barracks, a hospital and they've even got land where they can grow their own food. And yet everybody tells me that the services have to be where the people are. No. The people have to go where the services are provided and we have irregardless of what ACLU and anybody else says... in the City of Miami you've got the Miami Rescue Mission, you've got the Camillus House and the Salvation Army, and we have... What's the name of that center, Jack, over there up on 37th Street and First Avenue, that's a family shelter center that the City of Miami provided the money for? 90 January 14, 1993 VTR Mr. ©dio: Thirty-seventh Avenue? Commissioner Dawkins: Thirty-seventh Avenue and N.N. First Street, right under the expressway. Commissioner Plummer: No, that's not under the expressway. Commissioner Dawkins: I mean under the 39th... Yes. Right... Commissioner Plummer: No. Commissioner Dawkins: Right between Denny's... Mr. Mayor, what's the name of that facility? Commissioner Plummer: You're saying First Avenue or First Street? Mr. Luft: Thirty-sixth... Thirty-seventh Street. Commissioner Dawkins: First Avenue and Thirty-seventh Avenue. Commissioner Plummer: Ah. Commissioner Dawkins: Thirty-seventh Street and First Avenue. Commissioner Plummer: Avenue, N.W. First... Commissioner Dawkins: You know, where we gave the money to the people to put up the... Mr. Odio: New Life? Commissioner Plummer: New Life. Commissioner Dawkins: New Life. Vice Mayor De Yurre: That's Channel 10, isn't it? Commissioner Dawkins: New Life Center. We gave the money and that's a center -- _ for family members. So don't tell me... Mayor Suarez: It's run by the Christian Community Services. Commissioner Dawkins: That's right. Commissioner Plummer: Can I ask... : Mayor Suarez: It's a beautiful facility. Fourteen... J Commissioner Dawkins: Yeah. Go ahead, J.L. I'm finished. Commissioner Plummer: Mr. Mayor... Somebody please tell me why the judge -_ _ f representing federal court, who is mandating this City, why when the feds did —=rF their thing, they put Krome out in the country? Now why can't they establish 91 January 14, 1993 - that same kind of facility out where they have Krome Avenue? You know, they didn't establish Krome Avenue in the City limits. Mr. Odio: Krome was there when they... Vice Mayor De Yurre: Because those people have no status in this country. Commissioner Plummer: But why can't they establish a homeless facility out at Krome, just like they have a facility for immigration? Mr. Odio: Oh, I agree that Krome should become that. Commissioner Plummer: Why... Excuse me. Let me go a step further. You know, we gave them the right to build this facility downtown, take the doors off of being a jail. It's a thousand bed facility. It meets the criteria of the judge for the feeding and the medical, and don't use it as a jail. If the federal bureaucracy 1s concerned, let therm put them in that facility. They've got their own. Mr. Odio: That's downtown. Commissioner Plummer: That's downtown, but they'll... You know, why isn't the judge considering that facility? Just don't use it as a jail. Use it to supply the homeless. Mr. Odio: The governor... Commissioner Plummer: I don't understand how this City can be expected to put up the financial wherewith to address a problem that 1s not totally our problem. We don't have the dollars. Mr. Odio: The governor's commission has approved three sites. They want one in... They want three sites away from the City. Commissioner Plummer: They're talk. Commissioner Dawkins: Now, wait a minute. Commissioner Plummer: They're talk. _ Mr. Odio: Two of them are away from the City. — Commissioner Dawkins: The governor... They didn't approve. They're requesting three sites. t Mr. Odio: They're requesting three sites. One of them is in the City and the — ` other ones outside of the City. — —; Commissioner Plummer: Mr. Manager, where are the dollars? It is... _ =s Mr. Odio: The dollars have been identified... _t - Commissioner Plummer: It is totally unfair to ask the taxpayers of this City... 92 January 14, 1993 Vice Mayor Be Yurre: J.L., under this program there is no local money. It's all federal money and they run it with their own money. Commissioner Plummer: Then why aren't they doing it? Why do we have to do it? Vice Mayor Be Yurre: Because they have... We are the conduit. Commissioner Plummer: We're not the conduit. Vice Mayor Be Yurre: We are the conduit. _ Commissioner Plummer: It is State of Florida property. It is State and federal money. Why don't they do it? Vice Mayor Be Yurre: No, it's City of Miami property what we're talking about right now. Commissioner Plummer: No, it is not. It is under the expressway which is the State of Florida. — Vice Mayor Be Yurre: No, it's not under. _ Commissioner Alonso: He's talking about the river. =f t Vice Mayor De Yurre: It s next to the underpass. �-' Commissioner Plummer: That's what I'm talking about. Under the State... Under expressways is not City of Miami property. Vice Mayor De Yurre: Our... �4 Commissioner Plummer: No, sir. We lease it. Off -Street Parking leases it. �s Vice Mayor De Yurre: No, it's the property next to it, J.L... which is right next to it. Commissioner Plummer: Oh, you're not talking about under the expressway. Vice Mayor Be Yurre: No, no. It's right next to it. Commissioner Plummer: Well, why not put it under the expressway? Vice Mayor Be Yurre: Because you can't go that high. Commissioner Plummer: Hey, you know, listen... Vice Mayor Be Yurre: Well, anyway... Commissioner Plummer: ...the people of this town are crying out for tax relief. Vice Mayor Be Yurre: Well, this doesn't affect them at all. 93 January 14, 1993 Vice Mayor De Yurre: Out you're not taxing them with this. Commissioner Plummer: It's wrong, Vice Mayor De Yurre: Let's... Can we go ahead, Sergio? Can you explain, basically, what the details of this... Commissioner Plummer: I just for the life don't understand. Mr. Sergio Rodriguez (Assistant City Manager): Following the request from Commissioner De Yurre to look at the property that the City owned in... adjacent to the river, on N.W. North River Drive between Second and Third Street... It's a property that has come before you in the past. We looked at the lot and the zoning to try to identify what were some of the constraints that the property might have. The property is the one... Maybe we can put it in the transparency. It's the one that before you authorized some bids to be advertised... some RFPs (Requests for Proposals) to be advertised and we're expecting to receive responses on these on February the Tth... the 8th, excuse me. The lot itself is about .75 of an acre and if we were to develop, use this property for a homeless facility, it would require the following: a change of zoning, or a change of the zoning law to allow that kind of use in that particular type of property, and a special exception in Class Two, and probably approval from the Waterfront Board. It also might require that we go with an RFP. I'm not sure about the legal requirements on this, because the property being on the waterfront, might require, through the Waterfront Amendment, that we go through that process. Now, the property itself, if it were to be used, would allow a building - and this is just estimates because we haven't really looked into this into that level of detail of having design analysis of this - but it would allow a building that would be 50 by 100, that if you were to build to the maximum height that would be allowable here, it would be approximately up to 10 stories in height. This would be able to accommodate between 288 and 1,152 homeless, depending on how the beds are arranged. If you were to arrange there in individual or double units, or dorm types, you would be able to accommodate only 288. If you were to place them in bunk beds, and allow them to be placed in beds, as compared to laying the floor, you can go as high 1,152 possible people that could be accommodated in the facility. The building, if that were your desire, will allow also the possibility of having a cafeteria, having social services in the building, and other facilities that will support providing services for the homeless. I believe you have on the screen the location of the site. The property is a property, as I mentioned before, owned by the City. It's adjacent to the area under the expressway, which is under lease by the department of Off -Street Parking, where there is parking now. On the other side of the property you have FP&L (Florida Power & Light). On the side adjacent to it we have property which is owned, I believe, by East Coast Fisheries, And I believe it's used now by Haitian boats. And as you continue north along the river, you would go to the area where you have East Coast Fisheries. Just to give ,you an idea where the location is. Mayor Suarez: I have a question... 94 January 14, 1993 EA Mr. Rodriguez: Yes, sir. Mayor Suarez: ...when you finish, and to the Vice Mayor. Suppose any one of us, 1n this case myself, was supposed to be... was going to be supportive of this concept. Suppose I love the Orlando plan and suppose I want to have a recreation of the Orlando plan in the City of Miami, close to downtown - all the parameters the Vice Mayor spoke about. Being, Mr. City Attorney, Mr. City Manager, under a court order that says we're supposed to be creating safe zones - at least two of them - 1n the downtown area, and seeing that the so- called mud flats are presently a habitat for homeless, and keeping in mind the parameters of the Orlando plan - OK? - even assuming we get all of the money that we are trying to get to and that we are able to relocate with or without court approval - it isn't clear when it's DOT (Department of Transit) property - that we need to get the court's permission to relocate those people, particularly if they're willing to go voluntarily, wouldn't it make more sense to say, well let's do the Orlando plan exactly in the underpass, and show people that all that the Orlando plan is, is a glorified safe zone, but it is not the ultimate solution. It is not what we want to do in our community. We do not want to have another facility with three to 500 homeless housed, or treated, or to be referred, or otherwise being... having their cases reviewed in the downtown areas, in the core areas of Miami. We do mind 300, let's say, right now, under... I think close to 300 in the mud flats area. So, as to those, we provide the Orlando plan components, if we have to. I mean I'd much rather use this money that we previously approved to see if we can relocate them into really humane facilities, with a real roof, you know, and a real shelter, and real treatment, and real food, and real bathrooms - not portable toilets. But if not, if people want to try out the Orlando plan, why not do it within the constraints of the Court order, and the reality of having people already sort of have a quasi -roof, which is the overpass, and we could build some walls and put some toilets. And they, in the Orlando plan, I understand they don't even have cots. They sleep on the floor? Mr. Odio: They sleep on the floor. Mr. Rodriguez: Right. I understand that it's on the floor. Commissioner Alonso: They bring their own... Mr. Odio: They sleep on the floor. Mayor Suarez: Oh, they bring their own? Mr. Rodriguez: I haven't been there, but I understand it's on the floor. Mayor Suarez: You know, and... Mr. Odio: No, I was there. Mr. Rodriguez: They sleep on the floor. Mayor Suarez: But this lot... This facility you're talking about here, which we own... Right? 95 January 14, 1993 S 7T77- Mr. Rodriguez? The property is the City's. Yeah. Mayor Suarez: ...we would have to do zoning. We would have to go through some kind of RFP (request for proposals) process, before we decide who is going to use it and operate it. Mr. Rodriguez: That's not sure, but I think they have to. Commissioner Alonso: But not only... But not... Mayor Suarez: We would undergo the opposition of the neighboring commercial establishments. Commissioner Alonso: And not only that, Mr. Mayor, thinking of the future of Miami. This is important land for the future of Miami. We are thinking of the homeless. This is a problem of the few. But we have to look at the larger problem. It's the citizens of Miami, and the future, and the potential of that area. We will be killing development in that area. The river is very Important for the citizens of Miami. It means the future. It's coming out of poverty, fourth place in the nation, to being a City as Miami deserves to be. Looking at the future, if we have this facility, we will be saying no to that area. We will be killing the potential of bringing in money. We have services to provide to the citizens of Miami. We have to be very careful what we do with our land. The few properties that we own, and the potential that this City has, this is a great City and we have to make it as vital as possible. If we build this facility in that location, we will be saying no to the river and all of the things that we will be... we have been talking for the longest time. I don't think this is an appropriate location, because we have to look for the overall of the citizens of Miami and not only this problem. I think we have to look at the problem of Dade County when 1t comes to the homeless and do our part, but have a location that is appropriate. This definitely is not the place, because it will interfere with the future of Miami and the potential that it has. And if we do this, all that we are saying is, continue to give away Miami and Miami will disappear soon. It will not be a City any longer. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Mr. Manager, what is meant by the term "safe zone"? Mr. Odio: As I understand it 1fl my meeting with Ben Waxman, ACLU, is that in a particular... and they were talking about 23 acres when we were... they were defining... Oh, yeah. Two of them. Two safe zones. That they will be able to be there like if they were in their own homes. Commissioner Plummer: Like they own the property. Commissioner Dawkins: Well, with... What's the difference between... Mr. Odio: Or that, or providing shelter. Commissioner Dawkins: What is the difference between providing two safe zones and following the judge's order of not to touch them. That creates the whole City of Miami as a free zone, does it not? 96 January 14, 1993 Mr. Odio: As a... Yes. Commissioner Dawkins: Sir? Mr. Odio: Yes, it does. Commissioner Dawkins: So, what are you saying then that if we create "two safe areas" that the homeless can only be restricted to those two safe zones? Mr. Odio: Well, that... Yeah. Commissioner Dawkins: Or are you creating two safe zones and the City of Miami, the total City of Miami, will still be a free zone? Mr. Odio: Yeah, but we... As I understand it, Commissioner, we need it... the appeal is important, because we do not understand the concept ourselves. Mayor Suarez: But if I may follow up on what the Commissioner's saying, is... Mr. Odio: We do not know... Mayor Suarez: When the judge says we cannot touch the homeless... Commissioner Dawkins: That's right. Mr. Odio: That's correct. Mayor Suarez: They're sort of immune from our normal laws that say you cannot be vagrant, or you cannot panhandle, or you cannot destroy public property by... Vice Mayor De Yurre: No, I don't think about panhandling has nothing to do with that. Mayor Suarez: OK. All right. Or bathing, or sleeping on public property, which sometimes involves some destruction. I mean, if you build a little shelter... When the judge says that, he's saying that as to our entire ,jurisdiction. And then at the same time, he's saying however... Mr. Odio: Create the... Commissioner Plummer: Little shelters? Mayor Suarez: ...now I want you to create two areas in which that will be the case. Isn't there... Mr. Odio: There is a... Mayor Suarez: ...some contradiction there? I mean... Mr. Odio: Yes. That's why... 97 January 14, 1993 Mayor Suarez: I mean, I'm pleased, in a sense, that he's going to limit all - of this ruling to Lvo safe tones. Commissioner Plummer: One of them in Bayfront Park, now has a dock in front of it. Mayor Suarez: If that's the case, we should be embracing the safe zones and saying well that's better than the whole City. - - Commissioner Dawkins: That's right. Mr. Odio: Well, before you do that, we need to... I think the appeal is important, because we need to clarify what they mean. Commissioner Dawkins: Oh, we... No, no. We're going to appeal. We're going to appeal, period. - Mr. Odio: In that... In the appeal, we should get the answer. Commissioner Dawkins: OK. We're going to... But yet, and still, I don't understand, Mr. Manager, as the Mayor... And the Mayor is... -- Mr. Odio: You see we... Let me... Wail:, - Commissioner Plummer: Mr... Wait a minute. I've got to take exception with the Mayor. Mr. Rodriguez: Hold it, please. eft Mr. Odio: Wait. Commissioner Plummer: Mr. Mayor, have you been to Bicentennial Park? Mr. Rodriguez: Other places. They understand that. They are just... — Commissioner Plummer: When you speak about these little structures? Mayor Suarez: No, they do damage. Commissioner Dawkins: Yeah. Commissioner Plummer: Huh? Have you seen the one that has their own private dock? - Mr. Odio: Well, however... Commissioner Dawkins: See, but no. But see, I'm confused... Mr. Odio: Commissioner, in answer to your question... Commissioner Dawkins: OK. _ Mr. Odio: ...the way I saw it, and I understand it, you create the two safe zones, does that mean then that I can go and... there's a homeless outside of the safe zone, pick him up and put him over there? 98 January 14, 1993 �4+ Commissioner Dawkins: Yeah. — Mr. Odio: Does that mean that I can arrest him? a Mayor Suarez: That's what we're asking. _z =' Commissioner Dawkins: That's what I'm asking you. Mayor Suarez: That's what we're asking. Mr. Odio: We do not know what they mean by that. .� Commissioner Dawkins: Well, why do you... Well, then how can you expect me, Mr. Manager, to vote for something that you don't know? Mr. Odio: Well, we do know that it's important that we send a message that we are not arresting the homeless... Commissioner Dawkins: Well, that's fine. But see... - Mr. Odio: ...for being homeless. = Commissioner Dawkins: I don't mind that. a = Mr. Odio: Right. Commissioner Dawkins: But is the judge saying... or whomever, now... saying =4 to the City of Miami... Mr. Odio: Yes, sir. Commissioner Dawkins: OK? ..."I place you under an order, hands off of the homeless"? But in the event... Mr. Odio: He didn't quite... Commissioner Dawkins: In the event... Commissioner Plummer: Yes, he has. Commissioner Dawkins: ...that you create two safe zones... Mr. Odio: Well, he created these safe zones. Commissioner Dawkins: ...then the homeless have to have hands off of Miami and stay in the free zones. Mr. Odio: No, you see, in fact, he created two safe zones. Commissioner Dawkins: He who? —= Mr. Odio: He said, "While you're negotiating, Bicentennial Park and I-395 are safe zones." Now... 99 January 14, 1993 Mr. Odic: That's right. Commissioner Dawkins: So, then... Mr. Odic: Now, we don't know... Commissioner Dawkins: So, in the event that if you want it... asking, because see this is coming up... Mr. Odic: Yeah. Commissioner Plummer: Destroying this City. Commissioner Dawkins: ...if this comes to a vote. Mr. Odic: Right. Commissioner Dawkins: Bicentennial Park, right? Mr. Odic: It is a safe zone. Commissioner Dawkins: It's a safe zone. Mr. Odic: As of right now. Commissioner Dawkins: So, therefore, Biscayne Boulevard to 15th Street. the safe zone can go straight down Mr. Odic: Sure, you can... Commissioner Dawkins: OK? Which means I could take in the parking lot of the Miami Herald as a safe zone. Mr. Odic: Sure. - Commissioner Dawkins: OK. That's all right. No problem. '— Commissioner Plummer: Now, you know, I wonder if the judge really realizes... Mr. Rodriguez: You can't do that. You cannot do that. Commissioner Plummer: ...he is absolutely destroying this City. I wonder if he realizes that. Mr. Odic: I would suggest that we wait, before we say anything else in this -_ Commission, because... Commissioner Plummer: Well, Mr. Manager, let me... Mr. Odic: I think that there are a lot of questions that are legitimate that _ the City has that need to be answered, and the clarification on the safe zones is one. 100 January 14, 1993 rion v�ov � - Mr. Odio: But, since we are appealing, that could all be moot, until... Commissioner Plummer: Mr. Manager... Mr. Odio: I suggest that we wait for the appeal process to go through. Commissioner Plummer: That's fine. But for the record, let me say to you and to my colleagues, I will not vote as a City Commissioner, for another dime to address this issue, without the rest of the municipalities in this County doing their pro rata share of obligation to address this issue. Yes, we are. You've asked us and you've got a vote here of $100,000. Mr. Odio: We have that. But I mean... Commissioner Plummer: OK? Commissioner Alonso: I'm not... It's not the first time the Commissioner... Commissioner Plummer: I'm just saying to you that I think that this is a Countywide... It's even really bigger than a Countywide problem. Commissioner Alonso: Um-hmm. Commissioner Plummer: But let me tell you something. There are cities in this County that are much more affluent than we are and they are not putting up a dime to address the problem. Commissioner Dawkins: Name two of them. Commissioner Plummer: What? Commissioner Dawkins: Name two of them. Commissioner Plummer: Coral Gables and Miami Shores. Commissioner Dawkins: OK. Thank you. Thank you. Commissioner Plummer: Much more affluent than we are. Commissioner Dawkins: But, J.L., let me say one thing, cut you off. I'm like... Commissioner Plummer: I'm just putting it on the record. Commissioner Dawkins: I'm like J.L. Commissioner Plummer: The next time you come back here and ask me to vote on my City's taxpayer's dollars to get my vote, I want you to tell me the pro rata share that the other people, dollars or otherwise, are picking up that live in this community, that I'm saddled with their problem, that they're not even having the problem, much less giving me dollars to help address the problem. 101 January 14, 1993 Commissioner Dawkins: OK. Well, let me go on record as saying that I commend p Commissioner De Yurre for working to find a solution. Commissioner Plummer: But... Commissioner Dawkins: But since three sites... Mayor Suarez: That's where I'm... Commissioner Dawkins: ...where three sites were selected... Mayor Suarez: Right. Commissioner Dawkins: I will not vote for any site in the City of Miami, until the... Wait a minute. Let me rephrase that. Mayor Suarez: That's where I'm headed. Commissioner Dawkins: The other two sites must be used, prior to coming to see if I'll vote for another one in the City of Miami. Mayor Suarez: Yeah. Mr. Odio: That's very fair. Mayor Suarez: And maybe a modification of that, and I'll plead with my colleague to my right, maybe a little bit less burdensome on the rest of the community, but very similarly to the prior motion, where we took $100,000 and we said, put it to a place where the other $200,000 will come in. When we've got all 300, we'll spend it. If what you want is a resolution, and Mr. Vice Mayor, where we say we would make, very possibly, this land available and go through an RFP process, whatever we have to do, as soon as two other homeless assistance center facilities outside of the City of Miami have been identified and equally made available to go through the process at the same time... Commissioner Plummer: Oh, that's great. Commissioner Dawkins: No, no. Completed. Commissioner Plummer: Oh, opened up. Mayor Suarez: Then that would be a great message to send, J.L. Commissioner Alonso: Yes. Commissioner Plummer: Yeah. We're simultaneous. Yes, sir. Mayor Suarez: I have no problem with simultaneous. Commissioner Plummer: That's exactly what I've been trying to say. Mayor Suarez: I have no problem with simultaneous. And we are on record as saying, of course we understand that we have three to 500 homeless downtown, 102 January 14, 1993 almost all of the time. Those are the people we sort of own, as our homeless, but so does Miami Beach, and Hialeah, and Coral Gables, et cetera. In fact, Miami Beach feeds every day about 300, I'm told by the Mayor. Hialeah, I won't tell you the figure that they're giving, because it's a very small figure, but they understand they have some homeless that are out there. North Miami Beach said 100. They understand they have 100 homeless, their homeless. So, if all of a sudden we have two other homeless assistance center sites... Commissioner Plummer: But in Hialeah they're all city officials. Mayor Suarez: ...identified, we'd beat the rest of the community in identifying a major new site in the general area of the core of Miami,. somewhat away from the areas that have been affected by the Camillus House waiting line, which I think Camillus House is happy about, and so are the business people 1n that area and residents, in Overtown, Park West, et cetera. And yes, we'd be inclined to make this site available... Commissioner Plummer: Fine. Mayor Suarez: ...as soon as the other two sites are available and at the same exact... Commissioner Plummer: Fine. Mayor Suarez: ...rate of implementation as ours, we would do three. Because I can't imagine that this one would be nearly as desirable as the other two. For one thing, they would be less expensive than ours. Commissioner Plummer: Mr. Mayor, it's exactly what I'm saying. Let the rest... Mayor Suarez: Yeah. They will be in areas which are more congenial. I mean, let's face it. This... If I was treating people for alcohol or drug addiction, I wouldn't want them in this area, as much as I would like them in a pastoral setting. Commissioner Alonso: Of course not. Mayor Suarez: I would like them out in the countryside, as far from any place where they may be able to get substances that are affecting these people, as possible. That's the old, traditional model for treatment of addiction of any sort. And, you know, there will be many, many other parameters that I think will show that the other ones are more desirable. So, maybe when the RFP process begins, we'll find that those other two sites - let's say one at S.W. Bth, perhaps somewhere 1n the vicinity of the Air Force Base, or whatever, perhaps one in West Eight. West Eight has areas that have no population, that have no one affected almost by, you know, the wandering souls that we're dealing with here, many of whom really, really have serious psychiatric and addiction problems. Not that that's the way they should be treated anyhow. They should be, really, in a residential facility, well supervised, the ones that have a problem - mental or addictive. As to, you know, the rest of the parameters, I think the Vice Mayor is exactly on target. I think it's got to look as much like the Orlando one as possible. Although I think, in the City of Miami, we ought to also say, and I heard the Manager say this and I've 103 January 14, 1993 liked what you said, just providing a floor for people to sleep on, and four walls, and a bathroom facility is hardly what this community can do. Commissioner Dawkins: .,.shower. Mayor Suarez: And a shower. Commissioner Alonso: Mr. Mayor, but we should be saying we will make land available... Mr. Odio: That's fine. Commissioner Alonso: ...but not this land available. Mayor Suarez: Well, I would even go so far as to say that this is as good as any, but... Commissioner Alonso: Well, the problem is we have to hear from the citizens. We cannot possibly say... Mayor Suarez: We can have hearings. Of course. Commissioner Alonso: ...we will make this land available. Mayor Suarez: We can have hearings. Mr. Odio: No, no. Commissioner Alonso: We should say we will make land available. Commissioner Dawkins: That's what we're saying. Vice Mayor De Yurre: Mr. Mayor, so we can wrap this up... Commissioner Alonso: No, he said this land available. That's why... Mayor Suarez: I would be willing to say this one. Commissioner Alonso: Yes. Mayor Suarez: But I understand that this has to go through zoning, I think. Doesn't it? Didn't you say that? Commissioner Alonso: Not only zoning, but the public and it's... Mayor Suarez: Yeah. So, you will have plenty of public input and hearings, et cetera. Mr. Rodriguez: You have to go through a hearing process anyhow. Commissioner Alonso: So, we say "land." Mayor Suarez: Mr... 104 January 14, 1993 Mayor Suarez: Mr. Vice Mayor. Vice Mayor Be Yurre: First of all, let me ask the Administration. How many offers have there been tr do anything on this piece of land, over the years? Mr. Odio: We went out on an RFP and we got no reply. Vice Mayor Be Yurre: No replies. Mr. Odio: No reply. In that... Vice Mayor Be Yurre: And what is difficult... You know, we understand the importance of the river, but that particular piece of land next to the overpass and the expressway is not desirable at all. And you can see that for over the years that nothing has been developed in that sector. Commissioner Plummer: if you put the homeless there, it sure won't be. Commissioner Dawkins: Well, but at one time Manny Medina wanted to develop near that. Vice Mayor Be Yurre: But not there. Commissioner Dawkins: And one time somebody else wanted to put a restaurant down there. So, don't say that it has never been desired. It has... Vice Mayor Be Yurre: Zero... Mr. Odio: Weil... Commissioner Alonso: Yeah, the problem was in the worst time economically in the country, number one. Second to that, the area looks terrible. It has to be cleaned in order to be able to have some response to the RFP. And you know that the conditions that were placed, it was not very appropriate. That's why we did not get responses to... Commissioner Plummer: Is there any reason why the City has not gone down there along the river, into that particular area, and enforced those people to clean up the area? Mr. Odio: The County... Well, we should. And we will. But the County's responsible for that. Commissioner Plummer: Along the river? Mr. Odio: Yes, sir. Commissioner Plummer: Where the property is in the City of Miami? Commissioner Alonso: On our side of the river? Mr. Odio: The County has responsibility to clean up the river. 105 January 14, 1993 Commissioner Plummer: I'm not talking about under their expressway. I'm talking about all the way along the river. When I drove there the other day there were trucks that were backed up in that Off -Street Parking... Commissioner Alonso: It's terrible. Commissioner Plummer: .,.and they were dumping debris. Nobody stopped them. Mr. Odio: And we're trying to enforce that. You have to catch them. We learned in Washington that the cleanup of the river is going to be approved... Commissioner Alonso: Yes. Commissioner Plummer: I'm not talking about the river, Mr. Mayor. Mr. Odio: ...by next year. Commissioner Plummer: ...Manager. Commissioner Alonso: He's talking about the area. Mr. Odio: You're talking... Commissioner Plummer: I'm talking about the area around... Commissioner Alonso: ...given lists of locations to be cleaned... Mr. Odio: The... Commissioner Plummer: There are derelict boats. Mr. Odio: Yes, there are. Commissioner Plummer: There are derelict cars. Commissioner Alonso: ...and Code Enforcement... Mr. Odio: Yes. Commissioner Plummer: Trash galore. Mr. Odio: That's why... Commissioner Plummer: I mean it's incredible. Mr. Odio: There is a... The Miami River Coordinating Committee has been working diligently with that, and the County, and us. And we have picked up some boats. The State has. But it's very difficult to remove boats. Commissioner Plummer: Mr. Manager, I'm not talking about in the water. Mr. Rodriguez: Land. He's talking about the land. 106 January 14, 1993 Mayor Suarez: We have a... I think, a consensus evolving here. Can be somebody give it form? Mr. City Attorney, I think I hear that this Commission is willing to go on record, and we may have a little bit of a slight discrepancy that we may have to submit to a vote, on whether we specify this particular piece of property or not. But that... Vice Mayor De Yurre: Well, Mr... Mayor Suarez: ...a downtown or core of Miami facility can and should be built to refer, and transfer, and house, temporarily, homeless individuals, in a humane way... Mr. Rodriguez: Could you say "refer"? Mayor Suarez: ...so long as... and at the same time as two other sites are identified in suburban areas, outlying areas of the City - of Greater Miami, that is - all to be implemented at around the same time. Why, of course. Commissioner Plummer: Well, are you saying that the Miami site would not be operational until the other two sites are operational? Commissioner Aionso: Of course. Mayor Suarez: Yes. In all respects it would be simultaneous... Commissioner Plummer: No, no. Operational. Mayor Suarez: ...the operations, the bidding, the... Commissioner Plummer: Because they can identify sites from now until hell freezes over and not do anything. Mayor Suarez: Well, we are already ahead... By this motion, we will already be ahead in the area of general identification of a site. Commissioner Alonso would like not to specify this site. That's fine. We could make it generally the downtown area, this being one of the possibilities, 1f you want to leave it that way. Commissioner Dawkins: Well, if this lays on until November, even... I can argue with it until November. Now, if I'm reelected in November, I will not vote for any construction to start on any facilities, until all three ground breakings occur simultaneously, and we go piece by flow... by floor, by floor... Mayor Suarez: Within reasonable limits that bidding... Commissioner Dawkins: So that when the one is completed, all three of them are completed. 107 January 14, 1993 Mayor Suarez: ...construction, and operation be simultaneous. I mean, can we make that into the form of a motion? Commissioner Dawkins: Yes, I so move. No, let J.L... Commissioner Plummer: Well, excuse me. Mayor Suarez: And we finesse the issue of the location... Commissioner Plummer: Excuse me. Mayor Suarez: ...Commissioner Alonso, by saying the general core area of downtown Miami. - _ Commissioner Plummer: Let's be very, very clear that the other two sites shall be as large in scope as the Miami site. —`' Commmissioner Alonso: Oh, yes. -` Mayor Suarez: Same general parameters. Commissioner Plummer: OK? Mr. Odio: I... Commissioner Plummer: If it's 1,128 in the City site... Mr. Odio: You get the same. Commissioner Plummer: ...it's going to be 1,100 in each of the other two sites. Mr. Odio: That's no problem. Commissioner Plummer: And they must be filled proportionately. Mr. Odio: Well, you... Mayor Suarez: Well, I'm sorry, I hope nobody has the idea that we would ever have 1,128 people in any, you know, new homeless assistance center in downtown Miami. Commissioner Plummer: Well, one of the things that... Mayor Suarez: The discussion that's going on right now is whether you can ever have more than 300, let alone 500 or 1,100. Commissioner Plummer: Excuse me. That which was presented by Commissioner De Yurre spoke... Mayor Suarez: I know. But... Commissioner Plummer: ...one of the scenarios to 1,128. 108 January 14, 1993 Mayor Suarez: We wouldn't want to give the impression that you need a total of 3,300 beds throughout Dade County for this project. Mr. Odio: Mr. Mayor? Mr. Rodriguez: I agree. Mr. Odio: You could... Mayor Suarez: You know, that... Mr. Odio: You could word it where the CO (Certificate of Occupancy) will not be issued until the other two have also been issued. Commissioner Dawkins: No, sir. I want... No, sir. Mayor Suarez: He wanted the whole process to be simultaneous. Commissioner Dawkins: I will not move it like that. Commissioner Plummer: Yeah. But, Mr. Mayor, my fear... Mayor Suarez: He wants the whole process to be simultaneous. Commissioner Dawkins: I will not word it like that. Mayor Suarez: We stated it very well. Commissioner Plummer: My fear, Mr. Mayor, is whatever... If each one of the facilities, let's say, are 300... OK? Mayor Suarez: Right. Commissioner Plummer: I don't want the City of Miami one to be filled to the capacity and the other two empty. Mayor Suarez: Operational and filled to capacity in the same exact rate of speed. I mean, that's the way it should say. Constructed, permitted, put out to bids... Mr. Rodriguez: ...use. Mayor Suarez: .,.and operated at exactly the same speed with... Commissioner Plummer: That's right. Mayor Suarez: ...within reasonableness, obviously, and with the same capacity of occupants. Vice Mayor De Yurre: Now, Mr. Mayor... Mayor Suarez: Yes. Is that something .you'd be willing to move, Mr. Vice Mayor? 109 January 14, 1993 Vice Mayor De Yurre: That's something that we can work with. I just want to point out a couple of things. Mayor Suarez: But, I mean, is the basic thrust of that agreeable? Vice Mayor De Yurre: Well, that's fine. Now... Yes. I'm agreeable to that and we'll fine-tune it a little bit further. But one of the important things that we have to deal with is... You know, we're talking about preserving Miami's future. Commissioner Dawkins: Nappy New Year. Vice Mayor De Yurre: And we're all 1n agreement with that. But in order to have a future, we have to deal with the present. And this is a problem that we have to face up to. Now, the advantage that the Orlando program has 1s that the police works hand -in -hand with the homeless advocates in maintaining the streets clean, because they see that there is good faith in providing facilities to take care of the problem. Commissioner Plummer: Yeah. They don't have a... Mayor Suarez: One reason the police likes that is that the... Vice Mayor De Yurre: And 'they pick them up and they take them in. Mayor Suarez: ...people are in the facility all day. Vice Mayor De Yurre: That's right. Mayor Suarez: They're not kicked out at 6:00 a.m. as many, many programs in the City right now. Commissioner Dawkins: You know, I hate... I have to... hate to argue with this. Atlanta, Georgia does not have a facility and it does not have a homeless downtown program. Commissioner Plummer: Sure. It snows there. It gets cold there. Vice Mayor De Yurre: Now, Mr. Mayor... Commissioner Plummer: They're not going to stay there. They're going to come down here where it's warm. Vice Mayor De Yurre: So we can wrap this up, the purpose of me bringing this before this Commission today was to get, if there was a consensus, to put this before a public hearing. Seeing that what... the way we're headed is that yes... Commissioner Plummer: A public hearing for what? Commissioner Alonso: For the center. Vice Mayor De Yurre: ...we're willing to go ahead with a downtown facility ... 110 January 14, 1993 Commissioner Plummer: Oh, no. Vice Mayor De Yurre: ...to provide this situation, that I would suggest the _ following: that we start working towards the end of getting a puce ready to go, as far as we can take it, with the understanding that we will not construct anything until we see... — Commissioner Dawkins: OK. Mayor Suarez: Yeah. And that the other ones will be promoted at the same rate of speed as to availability, bidding, construction and operation. Vice Mayor De Yurre: Yeah. I... _ — Commissioner Dawkins: I can only vote for that, Commissioner De Yurre, 1f you go back to your committee, identify the other two sites that you have iderr`ified... Vice Mayor De Yurre: Well , I'm not part of any committee. Commissioner Dawkins: and say... ...our site, and then come back before the Commission Commissioner Plummer: That's right. Commissioner Dawkins: ...we have the three sites. Commissioner Plummer: That's right. Commissioner Dawkins: These are the three sites. Now I wish you would give a =_ vote for this in principle, to along with, then you've got my vote. Other than that I can't vote with you, sir. Vice Mayor De Yurre: Well, the thing is we have to identify our site in order to come up... Commissioner Dawkins: We do not have to identify our site... Vice Mayor De Yurre: Sure. Commissioner Dawkins: ...until they identify theirs, sir. Vice Mayor De Yurre: Then we have to start going through our process of identification. Commissioner Dawkins: No, no. OK. I'm going to tell you about my vote. Commissioner Plummer: Well, let me just... Vice Mayor De Yurre: Why don't we take some leadership on this? Commissioner Dawkins: I'm telling you about my vote. We're taking the leadership. 111 January 14, 1993 - Commissioner Plurriner: Let me go one step further. OK? And, Victor, this is not to you as chairman of the DDA (Downtown Development Authority). But I want to express on the record again, I am sick and tired of DDA going out there and creating problems for this Commission. They're the ones that created the incinerator site, and then it fell in our lap, and we said no. We were the bad guys. I would ask my colleague, Mr. De Yurre, to tell the DDA that if they're going to address it, address it and leave us alone. But I am damned sick and tired of them creating a problem for this Commission by going out and trying to do something as totally contrary to what this public wants, and what this Commission wants, and then when we say no, everybody says, "Oh, you are bad guys." So, you for one... Mayor Suarez: Well, but they do have to ultimately come to this Commission for approval. Vice Mayor De Yurre: That's why I'm here today, J.L., to see if there's a consensus on this. Mayor Suarez: You know. You don't... Commissioner Plummer: Mr. Mayor, let me tell you. Let's remember what happened before. This Commission was not apprised of what was going on. Mayor Suarez: Yeah. Commissioner Plummer: When it fell into our lap, it was a done, completed, so-called deal and we voted no, and we were the bad guys. I don't want that to happen again. Mayor Suarez: I think the consensus, Commissioner... Vice Mayor De Yurre: Well, that's why we're doing this now. Mayor Suarez: Yeah. The consensus would be, if you would be inclined to make a motion in this way, that we will be prepared to identify a site in the general area of downtown Miami and the river, put it to bidding process, as needed under our Code, construct and operate and fill, as long as the two other areas are identified simultaneously, put to bid simultaneously... Commissioner Plummer: No way. Mayor Suarez: ...constructed simultaneously, and operated and filled to a similar capacity as ours, at the same time. Vice Mayor De Yurre: I would move... I would so move that, with the following change. And that is that we at least go ahead and go through the process of identifying our piece of land. Say hey, this is the one that we're talking about. Commissioner Plummer: All you're going to do is excite the damned people in the area. Vice Mayor De Yurre: Now, you guys identify yours and once you've identified yours, then we'll proceed together through the process of going out to bids... 112 January 14, 1993 Commissioner Plummer: Yeah. And, Victor... Vice Mayor De Yurre: ...or whatever the procedure is. Commissioner Plummer: ...the minute you identify the site, you're going to have thousands of angry people down here screaming at us. L _ Vice Mayor De Yurre: That's right. Mayor Suarez: All right. Vice Mayor De Yurre: So, let's bypass that;. Mayor Suarez: Let me... Vice Mayor De Yurre: Why don't we get it over and done with? Mayor Suarez: Let me say, I agree with that and I'm dealing with the... Commissioner Plummer: Hey, let me tell you. I'm the only one... Mayor Suarez: ...with the consensus that we have. If you want to move that and see if you get a second, move that. And then, if... I would ask, you, or SOL- any other member of the Commission, to entertain the more generic statement - that I just stated. Hopefully, that will pass. Vice Mayor De Yurre: Well... Mayor Suarez: Because we've got to... We've got make it... Vice Mayor De Yurre: My motion is what you stated, with the fact that we proceed with... Mayor Suarez: ...with the specific site in mind. Vice Mayor De Yurre: No. No, with a downtown site. That we go ahead and entertain from the Administration possible sites and have... hold public hearings, because we're going to... It's going to take a year ,just to get through that process. Mayor Suarez: Oh, that's not a problem. That's in line with the motion then. Vice Mayor De Yurre: You know, and come up with a site. Mayor Suarez: If you're not saying that this is the site that we are now identifying, then there is no... Vice Mayor De Yurre: No, I'm saying that this is one of possible, many sites - -- that could be in the... that could be proposed, but I'm not... I don't want to exclude this one. Mayor Suarez: But I would suggest to you that, so we don't confuse the issue, that you don't say this is one of the possible sites. Any site that we own in 113 January 14, 1993 } e` downtown is going to be preferred, because it would be ideal not to have to — - buy one, obviously. Bite Mayor De Yurre: I just don't want to exclude this one from being... Mayor Suarez: No, it's not excluded. — Vice Mayor De Yurre: OK. Mayor Suarez: Understood that it's not excluded. �— Vice Mayor De Yurre: OK. Commissioner Dawkins: It's excluded 1f you don't get three votes. -- Vice Mayor De Yurre: Well, that's right. Commissioner Dawkins: OK. All right. Vice Mayor De Yurre: But 1 don't want to... Mayor Suarez: But we're not voting at this point... -- Conmissioner Dawkins: Yes, we are. Mayor Suarez: ...on the specific site. Vice Mayor De Yurre: We're not. Commissioner Plummer: Call the question. Commissioner Dawkins: Go ahead. Mayor Suarez: We're just saying generically... Commissioner Dawkins: Go ahead. Mayor Suarez: ...downtown and the river. Commissioner Plummer: Call the question. Commissioner Dawkins: Go right ahead. Mayor Suarez: Right? Vice Mayor De Yurre: In the core... Commissioner Plummer: Call the question. Vice Mayor De Yurre: ...downtown core, that we go ahead and proceed to identify... Commissioner Plummer: Xavier, you don't have the votes. 114 January 14, 1993 Vice Mayor De Yurre: ...a piece of land to be made available. Commissioner Plummer: Don't push a dead dog. You don't have the votes. Vice Mayor De Yurre: That once we've identified that piece of land, then in conjunction with two other sites that may be presented by the County, or other municipalities, that then we proceed in uniform... Commissioner Plummer: OK. All right. I've had it. Vice Mayor De Yurre: ...timeliness to get it approved. Commissioner Plummer: Mr. Mayor, at this time, my motion... 1 make a motion this matter be tabled until further study can be done and accomplished by this Commission. I so move. Vice Mayor De Yurre: Well, I have... Commissioner Alonso: Second. Commissioner Plummer: You heard... What do you mean wait? Mr. Odio: I wanted to ask a question. Mayor Suarez: Moved and seconded. But I would... Commissioner Dawkins: Who seconded? Commissioner Alonso: I did. Mayor Suarez: Commissioner Alonso seconded. Commissioner Alonso: Yeah. To table this item. Mayor Suarez: I would ask my colleague, dice Mayor De Yurre... Commissioner Plummer: You're push... Mayor Suarez: ...if he wants to make a substitute motion... Mr. adio: Leave it as Dawkins had it. Mayor Suarez: ...make it. It will be voted on, if it gets a second before the motion before us to table. And then I will ask... Commissioner Plummer: Doesn't a motion to table take precedence? Mayor Suarez: At that point, I will ask some other things of my colleagues to my left. Commissioner Alonso: We have a motion and a second. Vice Mayor De Yurre: Well, I've made the motion, Mr. Mayor. 115 January 14, 1993 F Mayoi, Suarez: Because I do think we have a consensus here. Commissioner Dawkins: OK. All right. Vice Mayor De Yurre: I've made the motion. Commissioner Dawkins: What is the motion now? Mayor Suarez: The motion right now on the table is to table all consideration of this. Commissioner Plummer: Which takes precedence. Commissioner Alonso: Yes. Mayor Suarez: If you're telling me that takes precedence, Mr. City Attorney... Commissioner Plummer: Doesn't the motion to table take precedence? A. Quinn Jones III, Esq. (City Attorney): I'm not sure. Commissioner Plummer: You're not sure? Mayor Suarez: Yeah. That's against a substitute motion! Commissioner Alonso: Who is sure? Comissioner Plummer: Would you like to get ar outside law firm to give you an opinion? �s i Mayor Suarez: Folks... Commissioner Dawkins: Well, that's... =i Mayor Suarez: ...we're all headed in the same direction, but we should have... Commissioner Alonso: ...an outside opinion? Mr. Jones: I am not a parliamentarian. Ma. or Suarez: Please. Commissioner Plummer: He's going to get an outside law firm to... Mayor Suarez: Please. Either way, we achieve the same effect, which is to show that we don't want to get into a site identification right now, and that we do have a consensus on the rest of the package. Now, how do you want to phrase it? Mr. Vice Mayor, do you want to pnrase your motion and see if it gets a second? Commissioner Plummer: I can get you a good law firm outside... 116 January 14, 1993 Mr. Jones: You need a parliamentarian. Mayor Suarez: That we don't have to argue. Vice Mayor De Yurre: My motion is that we proceed to identify a location in the downtown area to propose as a site for this project. Commissioner Plummer: Victor, you're pushing a loser... — Mayor Suarez: Wait, wait. Commissioner Plummer: ...by a downtown site. Mayor Suarez: Wait, wait. Please. Do we have a second on that motion? Commissioner Plummer: Oh, I'm... Mayor Suarez: Do we have a second on that motion? Going for a thirds.. second time. Do we have a second on that motion? We do not have a second on the motion. We have a motion to table. Commissioner Plummer, 1 would ask you = to please withdraw... Commissioner Dawkins: Table or defer? Mayor Suarez: ...your motion... Commissioner Plummer: Whatever you want. Mayor Suarez: ...and instead permit a motion to be made, and I'll make it myself if I have to. Mr. Jones: It says it yields to all previous motions. Commissioner Plummer: I'll be willing to listen. Mayor Suarez: Thank you. ...which would... Commissioner Plummer: Did you pay the fee for a lobbyist? Mayor Suarez: ...say that the Miami City Commission is proceeding to make available, and to identify ultimately, some site in the general area of downtown and the river, as long as... Commissioner Plummer: You're losing me. You're losing. Commissioner Alonso: You mentioned the river? Commissioner Plummer: The minute you identify an area, you lose me. Mayor Suarez: No, downtown. The general area of downtown. We previously said that that was the consensus. Commissioner Plummer: Within the City of Miami. OK? 117 January 14, 1993 F� r Commissioner Alonso: That's all. Commissioner Plummer: Now, that doesn't mean it excludes downtown. Mayor Suarez: All right. Within the general area of Miami, so we can the get the most... Commissioner Plummer: Fine. Go ahead. Mayor Suarez: ...as long as... Commissioner Plummer: You're still winning. Mayor Suarez: ...simultaneously we have moving to ultimately build the homeless assistance centers in two other areas of the County; the identification of the site, simultaneously with ours; the bidding process, simultaneously with ours; the construction, simultaneously with ours; and ultimately, operation and filling to a similar capacity as ours, simultaneously with ours. Commissioner Plummer: With that, I withdraw... With that motion, I will withdraw... Mayor Suarez: Thank you. Commissioner Plummer: ...my request for table. Mayor Suarez: Will you make that motion then, so it could be your motion? Commissioner Plummer: Sure. Mayor Suarez: Thank you. Commissioner Plummer: Why not? Mayor Suarez: Do we have a second? Seconded my Commissioner Alonso. All 1n favor? No. You don't just signify by saying aye. Commissioner Plummer: Who seconded it? Mayor Suarez: Call the roll. Commissioner Alonso: I did. Because it's basically what we said before. Commissioner Plummer: Oh, OK. Commissioner Alonso: It was basically what we said before. 118 January 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-25 A RESOLUTION COMMITTING, IN PRINCIPLE, THE AVAILABILITY OF CITY -OWNED LAND IN THE DOWNTOWN CORE _ AREA OF THE CITY OF MIAMI FOR THE CONSTRUCTION OF A = HOMELESS ASSISTANCE AND SHELTER FACILITY; SAID LAND _ AVAILABILITY TO BE CONTINGENT UPON THE CONSTRUCTION - AND OCCUPANCY OF TWO OTHER SITES OF SIMILAR SIZE AND - - NATURE TO BE DEDICATED AND CONSTRUCTED OUTSIDE THE - JURISDICTION OF THE CITY OF MIAMI BUT WITHIN METROPOLITAN DADE COUNTY FOR THE SAME PURPOSE, WITH THE BID AND CONSTRUCTION PROCESSES AND OCCUPANCY OF _ ALL THREE FACILITIES TO PROGRESS AND TAKE EFFECT SIMULTANEOUSLY; FURTHER REQUIRING AS PART OF SAID LAND COMMITMENT THAT ALL THREE FACILITIES BE MAINTAINED AND = OCCUPIED AT APPROXIMATELY AN EVEN RATE AT ALL TIMES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: On my motion? Ms. Matty Hirai (City Clerk): Yes, sir. Commissioner Plummer: Made my the Mayor? Ms. Hirai: Yes, sir. Mr. Rodriguez: SI. ..."ENCONTRAR" UN site. Commissioner Plummer: And passed by all of the lobbyists who are here? I vote yes. Mr. Odio: QUE? Mr. Rodriguez: "PARA ENCONTRAR UN" site EN UN AREA TAN GRANDE. 119 January 14, 1993 Vice Mayor De Yurre: I'm going to vote no and I'm going to vote no because I think that what is being proposed here is something that realistically is not going to happen. Mr. Rodriguez: ESPERATE UN MOMENTICO. VOY A... Vice Mayor De Yurre: If it happens, it will be five years down the road. We need some action now and I'm sorry to have to vote no at this time. 20. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CERTAIN CITY -OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSAL (RFP) FOR A UDP -- CONCERNING DEVELOPMENT OF IMPROVEMENTS TO THE SAILING CLUB ON WATSON ISLAND CALLED: MIAMI YACHT CLUB. Mayor Suarez: OK. We've got item 12 we can maybe take up before lunch. Commissioner Plummer: Mr. Mayor, I would ask that in these... twelve and 13... I may be in violation of Jennings, Mr. City Attorney. I have met with one representative from the Yacht Club, no one from the Outboard Club, and they are asking to be a part of the formation of an RFP (Request for Proposals). And I think that no one knows that property better than they do, that they're not going to be on the selection committee, but for input of information, I think it would be nice to have one representative from each one of those organization to be giving input... Cmmissioner Dawkins: You know... Commissioner Plummer: ...informational wise. Commissioner Dawkins: The only thing I find wrong with that, J.L., is that we did the same thing with the Waterfront Board and the Waterfront Board really - and I say this with tongue in cheek - gets away from being advisory to policy making and I would hate to have somebody over there trying to make policy. Commissioner Plummer: Well, all I'm... It's not making policy. Remember, this is just to bring about an RFP. Commissioner Dawkins: But aren't they going to be one of the ones bidding on it? Commissioner Plumper: They could very easily be. Yes. All right. Then let me... Let me try this on. At least let theme be a part and parcel of having input to the RFP. Commissioner Dawkins: Why? Commissioner Plummer: Why? Because I think, Mr. Dawkins... Mr. Jack Luft: Commissioner... 120 January 14, 1993 Commissioner Plummer: I'm not saying that they have a vested interest... Mr. Luft: Commissioner... — Commissioner Plummer: ...hut I think it's a part of this community. — Mr. Luft: Commissioner... Commissioner Dawkins: What... Commissioner Plummer: And I think that no one knows that... —_- Commissioner Dawkins: What do they pay for rent now, J.L.? Commissioner Plummer: Nothing. Commissioner Dawkins: All right. So, why... - Commissioner Plummer: One dollar. Commissioner Dawkins: OK. One dollar. Mr. Luft: No, they pay $15,000. Commissioner Dawkins: So, naturally, they're going to want... Huh? Mr. Luft: Fifteen thousand dollars. Commissioner Dawkins: A year? Commissioner Plummer: Is that what it is? Mr. Luft: A year. Commissioner Plummer: OK. Commissioner Dawkins: They pay $15,000 a year? Mr. Luft: Fifteen hundred a month, yes. - Commissioner Plummer: They've expressed to me... — Mayor Suarez: Fifteen hundred a month? - Commissioner Plummer: ...they full understand that that gravy train is not going to continue. Mr. Luft: Yeah. Commissioner Plummer: They understand that. Mr. Luft: Could I... - 121 January 14, 1993 Commissioner Plummer: OK? Mr. Luft: Commissioner, maybe I could... Commissioner Plummer: Sure. Mr. Luft: As a solution, on Tuesday the Waterfront Board asked each of the clubs to prepare a list of recommendations to the Waterfront Poard, in writing, so that they could have input on what the clubs felt would be parameters or suggestions for an RFP. Commissioner Plummer: That's fair. Mr. Luft: OK? The Waterfront Board, in turn, to me suggested that they would pass along those ideas... Commissioner Plummer: No, no. As long as... Mr. Luft: ...to the Administration. Commissioner Plummer: ...they would supply them to the Waterfront Board and to you, I don't want the Waterfront Board, or anyone else, to have the ability to withdraw items they might recommend. So, if they... Mr. Luft: No, I'm just saying, they wanted to communicate to the Board, who would provide... Commissioner Plummer: Yeah. Mr. Luft: ...to the Administration, the suggestions, their ideas. And I think that's... Commissioner Plummer: All right. That's fine. I just want them to have some... Mr. Luft: ...that's one to accomplish this. Commissioner Plummer: ...say in making recommendations that don't have to be followed, that's fully understood. We're not talking about a private making corporation. I think it's been fully established over the years, in the period, that there is no discrimination on membership anymore. That was made very, very clear. That was one of the greatest concerns of this Commission over the period of years - that the gravy train is over, that they're going to have to pay more. I even suggested to the gentleman who came to see me that they ought to go see what was done with Coconut Grove Sailing Club, because that came out to be a pretty fair formula, and that might even be considered 1n this case. But with the fact that they have the right of giving the Administration, as well as the Waterfront Board, input, it's fine with me. I'll accept that. And I'll move item 12. Mayor Suarez: So moved. Commissioner Alonso: Second. 122 January 14, 1993 Mayor Suarez: Seconded. Were you going to state support of the... Mr. David Quick: I just wanted to... I'm from the Miami Yacht Club. I'm David Quick. I just wanted to answer any questions... Mayor Suarez: Right. And if you'd like to put your name on the record and _ address, so that we have that. Mr. Quick: Yes. My name is David Quick My address is 1271O S W 72nd • . . Avenue. I am Treasurer of the Miami Yacht Club and I came in connection with this Resolution 12 to answer questions and to request that we do have some Input into the development of the RFP. Mayor Suarez: Absolutely. All right. So moved and... Commissioner Plummer: Quit while you're ahead. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-26 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CERTAIN CITY -OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT ("UDP"); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSAL ("RFP") FOR A UDP; SCHEDULING A PUBLIC HEARING FOR FEBRUARY 11, 1993 AT 3:00 P.M. TO TAKE TESTIMONY REGARDING SAID RFP FOR DEVELOPMENT OF IMPROVEMENTS TO THE SAILING CLUB WATERFRONT PROPERTY AT WATSON ISLAND KNOWN AS THE "MIAMI YACHT CLUB", SAID PROPERTY CONSISTING OF 2.60 ACRES OF UPLAND AND 7.34 ACRES OF SUBMERGED LAND FOR A TOTAL OF 9.94 ACRES; AND AT THE CONCLUSION OF THE PUBLIC HEARING, IF THE CITY COMMISSION IS DISPOSED TO PROCEED, AUTHORIZE THE ISSUANCE OF AN RFP, THE SELECTION OF A CERTIFIED PUBLIC ACCOUNTING FIRM AND THE APPOINTMENT OF MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT THEREON TO THE CITY MANAGER AS REQUIRED BY CITY CHARTER SECTION 29-A(c) AND CITY CODE SECTION 16-52.9. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: 123 January 14, 1993 AYES: NOES: ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xav'er L. Suarez None. None. 21. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CERTAIN CITY -OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSAL (RFP) FOR A UDP -- CONCERNING DEVELOPMENT OF IMPROVEMENTS TO MOTORBOAT PROPERTY ON WATSON ISLAND CALLED: MIAMI OUTBOARD CLUB. Commissioner Plummer: And I move 13. Commissioner Dawkins: It's 12:00 o'clock. Mayor Suarez: So moved as to 13. I guess you made it by hall' a minute. At least it was moved at 12:00. Commissioner Plummer: Oh, well, they're companion, really. Mayor Suarez: It probably should have been at 11:59. Commissioner Dawkins: Seconded. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Commissioner Plummer: What time are we caning back? 124 January 14, 1993 RESOLUTION NO. 93-27 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CERTAIN CITY -OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT -�= PROJECT ("UDP"); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSAL. (RFP) FOR A UDP; SCHEDULING A PUBLIC HEARING FOR FEBRUARY 11, 1993 AT 3:05 P.M. TO TAKE TESTIMONY REGARDING SAID RFP FOR DEVELOPMENT OF IMPROVEMENTS TO THE MOTORBOAT PROPERTY �3 AT WATSON ISLAND KNOWN AS THE "MIAMI OUTBOARD CLUB", SAID PROPERTY CONSISTING OF 4.48 ACRES OF UPLAND AND 1.76 ACRES OF SUBMERGED AREA FOR A TOTAL OF 6.24 ACRES; AND AT THE CONCLUSION OF THE PUBLIC HEARING, IF THE CITY COMMISSION IS DISPOSED TO PROCEED, AUTHORIZE THE ISSUANCE OF A RFP, THE SELECTION OF A CERTIFIED PUBLIC ACCOUNTING FIRM AND THE APPOINTMENT OF MEMBERS = TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT j' THEREON TO THE CITY MANAGER AS REQUIRED BY CITY j; CHARTER SECTION 29-A--(c) AND CITY CODE SECTION 18-52.9 I! (Here follows body of resolution, omitted here and on j file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed _ and adopted by the following vote: ;± AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. -- Vice Mayor Victor De Yurre 1� Mayor Xavier L. Suarez NOES: None. ABSENT: None. —'3 THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:01 P.M. AND RECONVENED AT 2:31 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER ALONSO. 125 January 14, 1993 L� 21.1 MAYOR SUARE2 INFORMS THOSE PRESENT THAT THE DELAY IN STARTING THE AFTERNOON SESSION WAS BECAUSE SOME OF THE COMMISSIONERS WERE LISTENING TO PRESIDENT-ELECT CLINTON SPEAKING ON THE HAITIAN ISSUE, ETC. Mayor Suarez: Let us reconvene and be called to order. We've got... Commissioner Plummer: And he said something about he ranted to bring it back - up this afternoon. Mayor Suarez: ...three Commissioners and we could probably dispose of a few items. I think Commissioner De Yurre... Vice Mayor De Yurre is right close by. Commissioner Plummer: Mr. Mayor, while we're waiting... -= Mayor Suarez: If, ladies and gentlemen, if we step out for a couple of minutes it will be because of the presidential news... president-elect's news = conference... Commissioner Plummer: No, he said he was going to bring it up. Mayor Suarez: ...in the Committee of the Whole room back here, or Commissioner Plummer's office, or any other place you might want to see it. We just want to see if there's going to be any pronouncements on the issue of = Haiti and the potential Haitian influx. Commissioner Plummer: Mr. Mayor... Mayor Suarez: Yes, sir. Commissioner Plummer: ...if I may, in waiting for our fifth Commissioner, I have a request and I think it went to the rest of the you. Mayor Suarez: Yeah. We're not really waiting, but if you want to go ahead and take up something... Commissioner Plummer: Two seconds, please. Vice Mayor De Yurre: No pocket items, now. Commissioner Plummer: No, it's not a pocket item. It's an emergency item. Commissioner Dawkins: No, no. No emergency items either. Vice Mayor De Yurre: Because I've got four. Commissioner Plummer: I'll bring it up at the end of the day, if you want. Mayor Suarez: Could you please? We can go through these. 126 January 14, 1993 Commissioner Pltmmer: Sure. Mayor Suarez: That way it will... Mayor Suarez: All right. Item 14. Commissioner Plummer: You just lost $12,000,000, but that's all right. Mayor Suarez: We will regroup and try to get that. 22. AUTHORIZE PURCHASE OF APPROXIMATELY 225 PROTECTIVE CLOTHING ENSEMBLES FROM GLOBE FIREFIGHTERS SUITS (UNDER EXISTING BROWARD COUNTY BID NO. M- 08-91-20-12). ------------------------------------------------------------------------------ Mayor Suarez: Item 14, authorizing the purchase of approximately 225 protective clothing ensembles from Globe Firefighters, et cetera. Commissioner Plummer: Move it. Mayor Suarez: I'll entertain a motion. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll on item 14. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-28 A RESOLUTION AUTHORIZING THE PURCHASE OF APPROXIMATELY TWO -HUNDRED AND TWENTY-FIVE (225) PROTECTIVE CLOTHING ENSEMBLES FROM GLOBE FIREFIGHTERS SUITS UNDER AN = EXISTING BROWARD COUNTY BID NO. M-08-91-20-12 AT A TOTAL PROPOSED AMOUNT OF $122,827.50; ALLOCATING FUNDS THEREFOR FROM THE FY' 1992-93 OPERATING BUDGET, ACCOUNT CODE NO. 280601-075; AUTHORIZING THE CITY = MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO - ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso 23. (A) DISCUSS AND DEFER, FOR FURTHER INFORMATION, PROPOSED RESOLUTION TO APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST BY ADVANCED DATA PROCESSING, INC. (IN CONNECTION WITH RFP 92-93- 015 FOR MEDICAL TRANSPORTATION BILLING AND COLLECTION SERVICES). (B) DISCUSS AND DEFER, FOR FURTHER INFORMATION, PROPOSED RESOLUTION TO ACCEPT PROPOSAL OF CONSOLIDATED MEDICAL SERVICES TO FURNISH MEDICAL TRANSPORTATION BILLING AND COLLECTION SERVICES TO DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. ------------------------------------------------------------------------------- Mayor Suarez: On item 16, we're expected to reject the protest. Is the protesting entity here? Sir, if you give us your name and address and tell us why you're protesting. Mr. Paul Franzelas: Yes, sir. My name is Paul Franzelas. My business address is 520 N.W. 165th Street, Miami. Do you want my home address too, sir? Mayor Suarez: That's fine. Mr. Franzelas: OK. Mayor and City Council, my name is Paul Franzelas, like I said. I am the co-owner of Advanced Data Processing in Miami. I recently had the opportunity to bid... Mayor Suarez: I'm sorry. Was that Miami, Miami or Miami, Greater Miami? Mr. Franzelas: Greater Miami. Mayor Suarez: All right. Mr. Franzelas: OK. Metro... Commissioner Plummer: His office is not in Greater Miami. What's your address again? Mr. Franzelas: No, I'm in Metropolitan. I'm not in the City of Miami. Commissioner Plummer: Oh, no. Mayor Suarez: Greater Miami. 128 January 14, 1993 Commissioner Plummer: of North Miami? No, no. He's in North Miami. Aren't you in the City Mr. Franzelas: No, I'm in the County. Commissioner Plummer: One hundred and thirty-fifth street? Mr. Franzelas: One hundred and sixty-fifth street. Commissioner Plummer: Oh, OK. Mr. Franzelas: OK. Commissioner Plummer: That's plum nearly. Mr. Franzelas: OK. Commissioner Plummer: Plum out of the City and nearly out of the County. NOTE FOR THE RECORD: Commissioner Alonso entered the meeting at 5 p.m. Mr. Franzelas: Just pretty close. OK. What I'd like to do is present my case to you all so you have all the information as to why I'm here protesting today. I've never protested an RFP (Request for Proposals), but I feel that I can prove today that the Fire Chief never had any intention of changing vendors that he never considered me as a vendor, and therefore, I was treated unfairly and as a result, I think the City of Miami is going to spend a substantial amount of money for the same services. I'd like to start off with that I got involved with the RFP and I called Chief Mestas. Chief Mestas came to may office and he reviewed with me my procedures, what we do, what kind of connections we have with the local hospitals. And at that time, I explained to him everything that we did and he told me during that conversation, he said that one thing that we're concerned about at the Fire Department is that we're reasonably happy with the service we're getting now, but we feel we're spending too much money. So, I went through and he told me what kind of money they were paying, and I told him. I said industry -wide, within South Florida, you're paying substantially too much, I know I can do better for you. Well, I submitted my RFP. Chief Mestas called me back, and he said, "I'm sorry, you were not selected." I said, "Well, why not? What happened?" He said, well first of all, he said, the Fire Chief felt that the other people had a better incentive to collect more money, because they're going to charge us more. I said, "Well, I don't understand." I said, "I'm offering to do this at an optional method at seven percent." He said, "Yeah." He said, "Well, their method goes from eight to 12 percent." Twelve percent, if they collect, I believe, up to $25,000 on any given month. I mean, I can collect $25,000 by putting my pants on in the morning. Commissioner Plummer: Let me ask you, are you saying your proposal was a flat seven percent across the board? 129 January 14, 1993 Mr. Franzelas: Yes, sir. A flat seven percent. So, the... I'll tell you what, Mr. Plummer, what actually really rubs me about this, because I know that price isn't the only criterion used to select a vendor. The other one is experience and qualifications. I am the billing and collection agent for Metropolitan Dade County. They transport over 30,000 transports annually. I gave, during... In my RFP, I gave a listing of who they should call in Metro Dade and ask them what kind of guy I am, ask them what kind of connections we developed in all of these hospitals and find out a little bit about me. Nobody called that Individual. He was never given a call to find out am I any good, am I bad, how can I do it at seven percent and the other company do it at eight to 12 percent. That was never done. In addition to that, there is another option on this RFP that would have let the City of Miami off the hook for eight and a half percent. And all the Fire Chief had to do was select that method. And that method... There were three methods plus an optional method you could give. One of the methods was the straight line method - they were going to do it for eight and a half percent. But the Fire Chief felt, and he said, "Well, I want to give these people more money, because they're going to do a better job if they get 12 percent, versus eight point five percent." Well, I could name you cities in South Florida, where the average is about seven percent. OK? Not 12 percent. Commissioner Plummer: What is your collection rate in the County? Mr. Franzelas: I'm doing about between 50 and 55 percent in the County. Mayor Suarez: All right. Is that pretty much the substance of your protest? Mr. Franzelas: Well, that's pretty much the substance here. I feel that we do the same... I know you've got a lot of important things to do here, but my company does everything the other company does. And in addition to that, what we do, which the City of Miami, I know, is currently having a problem with, we file electronically to Medicare. Medicare can pay as soon as 15 days. The City of Miami currently has a problem with Medicare, the way they are billing. Mayor Suarez: All right. Mr. Franzelas: OK. So, I'll cut it short right here. I'll... What One last thing I want to say, that I feel that before they approve number 11 on this agenda, I think an unbiased committee should review this and take a look at what you're looking at, because if you're willing to pay somebody $120,000 a year, based that they collect at a certain rate they say, or you anticipate they're going to do, and you take that 12 percent and bring it down to seven percent, you're talking tens of thousands of dollars a year. In over three years you're talking you could build something very nice. Mayor Suarez: All right. Mr. Franzelas: Thank you. Commissioner Plummer: Let me ask you a question, sir. Mr. Franzelas: Yes, sir. 130 January 14, 1993 Commissioner Plummer: What is the... Because I see it here in the backup material. What is the minority involvement in your company? Mr. Franzelas: My wife has 51 percent and she is an active member of our organization. She is in charge of our billing and collections. Commissioner Plummer: Thank you. Mayor Suarez: That's another exchange that I'd love to have transcribed. What is the minority involvement in your company? Answer: My wife has 51 percent. Now many contradictions are there in that whole analysis? Women being, of course, the majority of the population and then in this particular case having 51 percent, but more importantly, it's basically the same family. So, I don't know what we accomplish with that if... Commmissioner Plummer: Well... But, Mr. Mayor, in this... Mayor Suarez: No, no. I understand your Question. I'm.. Commissioner Plummer: In this particular case, you know, what we did come about was that 1t had to be a... the person who was the 51 percent or the sole owner had to hold a degree of competency issued by Dade County. I don't think that's the case here that anybody is. Mayor Suarez: In his case, obviously, the only person with the competency is his wife. Commissioner Plummer: Yeah. Well, this is... Mr. Juan Mestas: I'd like to answer some of the allegations that Mr. Franzelas is making, not only of me, but of the Fire Chief. To begin with, I did visit his site and I never saw his wife being involved in any of this. I saw approximately four to six employees in the office, and I did do a site inspection of the person that does the billing for us now. Mr. Franzelas... Mayor Suarez: Obviously, you're going to tell us about the single -most... Commissioner Plummer: Can I ask a question, Mr. Manager? Mayor Suarez: Mr. Commissioner Plummer, I love you to death, but if I could... You cut me off right in mid -sentence. Commissioner Plummer: I'm sorry. Mayor Suarez: You are going to tell us about the percentage issue. I mean, he's saying that the company you selected is the one that's going to charge more and he charges less. And then Commissioner Plummer is going to... Mr. Mestas: I'll get into all of that, but Mr. Franzelas was saying... Commissioner Dawkins: But you don't need... Mr. Mestas: ...that the Fire Chief.... that I told him that the Fire Chief said that he wanted to choose these other people and I'm not sure he's... 131 January 14, 1993 Mayor Suarez: I presume that his characterization of what the Chief said was the reason is not necessarily 100 percent accurate, but more importantly and to the issue, is it the case that he 1s going to be charging eight percent and — the other company eight to twelve? Or he's seven... Mr. Franzelas: Seven. Mayor Suarez: ...and they're eight to 12, rather. Mr. Mestas: If we're looking strictly at what he is charging, theoretically, if Mr. Franzelas' company did bring 1n the exact same amount that the other company brings in, we would be paying less for Mr. Franzelas services. Commissioner Dawkins: OK. Well, how would you know that he will not bring 1n that amount? Mr. Mestas: Mr. Franzelas' company did business with us from 1986 until 1989. During that period, Mr. Franzelas' company gathered, at his best... the best he did for the City of Miami was an... was a net of three... was a net of $295,000. Commissioner Plummer: What is that percentage? That doesn't tell us anything. =� Mr. Mestas: The percentage of collection? = Commissioner Plummer: Yeah. - Mr. Mestas: The percentage of collection we don't have with these figures. = However, the following year... Commissioner Plummer: What does that mean? Commissioner Alonso: ...the percentage? Commissioner Plummer: So, he collected three hundred and some... Mr. Mestas: If I... If I may go on, so I can tell you what I have. Commissioner Plummer: No. But, no, you can't go on without telling me what you're talking about. Mr. Mestas: The best that Mr. Franzelas did with the City, I don't have the figures on here, but was 25 to 30 percent. Commissioner Dawkins: Of what? Mr. Mestas: Percentage of collections. Commissioner Dawkins: Of what? Commissioner Plummer: Of what? 132 January 14, 1993 Mr. Mestas: Percentage of collections. We bill a certain amount... A bill is sent out... = Commissioner Plummer: No, you see... Let me tell you something. Something — is wrong here. Back at that time that you're talking about - 186... Mr. Mestas: Eighty... Commissioner Plummer: ...tell us what the policy was about collections. You're not telling me that. Mr. Mestas: Eleven eight -nine is what I'm looking at right here. November of '89. Commissioner Plummer: Tell me what the policy was in relation. It was a different policy. Commissioner Alonso: Yes, because it was changed... Unidentified Speaker: What do you mean by policy? Mr. Mestas: I'm not sure. Commissioner Plummer: It was a different policy, because we were not billing at that particular time on City residents and non -City residents. When did that policy change? Chief Carlos Gimenez: No, that policy... The policy has always been consistent. We have always billed everybody. We have not aggressively collected on City... Commissioner Plummer: On City. Chief Gimenez: ...and we still don't. That has never changed. Commissioner Alonso: No, but I believe that the policy was changed... =_ Commissioner Plummer: No, no. —. Chief Gimenez: No. Commissioner Alonso: ...in the last three years. Chief Gimenez: No. Commissioner Plummer: That's correct. And we went aggressively on people that were nonresidents, very aggressive. Chief Gimenez: That's correct. We did. - Commissioner Plummer: We did not do that in the beginning. Chief Gimenez: No. 133 January 14, 1993 - Commissioner Plummer: You were not Chief. Chief Gimenez: No, you're right. We didn't aggressively... Commissioner Plummer: OK. So, don't... So, give me the full scope. When — did that policy change? OK? Chief Gimenez: No. Commissioner Plummer: No, it wasn't last year. It was two years ago. Chief Gimenez: I don't believe... I think we did... Commissioner Alonso: Two years ago, I think. Commissioner Dawkins: Two years. Commissioner Plummer: It was two years ago. Commissioner Dawkins: It was at the very beginning of this contract... Commissioner Plummer: Prior... Commissioner Dawkins: ...this... whoever this is. Commissioner Plummer: It was prior to this contract is correct. Commissioner Dawkins: That's right. Commissioner Alonso: Two years ago. Commissioner Plummer: OK? Mayor Suarez: But the basic answer now, mathematically, for us is that for whatever reason, you anticipate that even though they take a lower percentage in their fee, they also collect a lower percentage. And you think that the person who's going to get the award is going to collect. Why do you think the person getting the award is going to collect at a higher percentage? What makes you think that? Commissioner Plummer: It's an incentive. Chief Gimenez: I'll answer it, OK. It's... Mayor Suarez: And also answer his second point, which had to do with your not checking with his performance with the County, if,,.. since he made that point and we ought to get a rebuttal on that. 134 January 14, 1993 Ea Mr. Mestas: All right, if I can go on. The highest figure Mr. Franzelas got for the City was a net of $295,000. The following,.. Commissioner Dawkins: Under what conditions? Mr. Mestas: Let me go on. Commissioner Dawkins: No, I won't let you go on. Commissioner Plummer: No, tell us what you are saying. You're throwing numbers out here without backing 1t up. Commissioner Dawkins: What are you basing it on? You're not basing it on facts. Mr. Mestas: If I can. I have checked. Mr. Franzelas is saying that he's getting... Commissioner Plummer: What is 295, sir? Mr. Mestas: Let me go into... Commissioner Plummer: Mr. Mayor, can you ask this gentleman through the manager please to tell us what... Mayor Suarez: Chief, Chief, if he gives... Commissioner Plummer: Tell us what you're saying.. Mayor Suarez: ...us a 295 figure again, at least give us what the total amount of collectibles was in relation... If you have it. Chief Gimenez: I got it. It means he collected $333,007 in 1988 and 89 and out of that was a $37,000 free that went back to him... Commissioner Plummer: OK and chief... Chief Gimenez: So the net proceed was $295,000 to the City. Commissioner Plummer: What percentage of the total was that? Mayor Suarez: ...the total collectibles was that? Commissioner Plummer: Was it 50%, 40%... Chief Gimenez: No, we have never had that high collectibles. It was like... Mayor Suarez: What was the total collectible that year? Chief, what was the total collectible that year? They want to do the math here. Roughly. Chief Gimenez: You're asking the total bill, how much we got, back the percentage? That's what you're asking? 135 January 14, 1993 a Mayor Suarez: That's only percentage we been dealing with. We're dealing with two kind of percentage - a percentage commission and percentage collected out of the total. If you have it. Chief Gimenez: I guess the commis... Well, the return to the City was 89%. Mayor Suarez: See, what happened is he answered on his allegation that they charged less as a percentage. His answer is yes, but these people don't collect as high a percentage of the total collectibles. If so, you have to be able to back that up. Commissioner Plummer: Mr. Mayor, I move the item be deferred. Commissioner Alonso: Yes, this is the best because we need to have the _ ! information... Commissioner Plummer: We don't have answers. Commissioner Alonso: ...so we can compare on an equal basis and then make a decision. I second the motion. Mr. Franzelas: I would appreciate that. Commissioner Plummer: And I would ask when it comes back before this City Commission, I question why the Fire Department is really negotiating this. It should be, in my estimation, the Finance Department, Mr. Manager. Mr. Cesar Odio (City Manager): Ron Williams. Commissioner Plummer: This, Ron Williams... But why is the Fire Department doing the negotiation instead of the department that normally does it? Commissioner Dawkins: Why in the hell is she explaining it then? Commissioner Plummer: Why isn't she standing at the microphone? Commissioner Dawkins: Come onl Heyt Come oni Mr. Gimenez: Commissioner Plummer, Commissioner Plummer, I think I have the percentage. Commissioner Dawkins: Call the roll, Mr. Mayor. Mayor Suarez: Please, please, we asked question, we left them pending and... Commissioner Plummer: A motion on the floor to defer. Mayor Suarez: All right. She have a motion to defer. Remember, Commissioners, the item before us is a rejection of the protest. On that, we better at least hear... Do you want to hear or not from the Procurement Officer? Commissioner Plummer: Sir, I want it deferred so that we can get answers to know whether it is a legitimate protest or not. As it stands right now we're not getting the answers. 136 January 14, 1993 Mayor Suarez: All right. We have a motion to defer and it been seconded. I have a feeling, given the degree of confusion of all of this, it may not be a bad idea and why argue about it. Commissioner Plummer: And Mr. Mayor, if you want to try to speed it up, it's 16 and 17. I'm deferring both. Mayor Suarez: Move to defer 16 and 17. Any discussion? If not, call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, ITEMS 16 AND 17 WERE DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. S ABSENT: None. - — ---------------------------------------------------------- -�i 24. AUTHORIZE PURCHASE OF 170 1993 CHEVROLET CAPRICE PURSUIT VEHICLES (UNDER EXISTING DADE COUNTY BID NO. 3407-OEC-CW) FROM ED MORSE CHEVROLET -- FOR �I DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE. --� -----w--wwr-w---rw-rr-r--rrr w----wri rrr --r-wr r-- ------------------------------- Mayor Suarez: Item 16, accepting the purchase of a... Mr. Cesar Odio (City Manager): This is the purchase of the pursuit vehicles for the Police Department, Mr. Mayor, Commissioners. This is the lowest bid in the County. Commissioner Plummer: Mr. Manager, under our agreement with the Police Department, it was my understanding that you were trying to negotiate with the Police Department because of their understanding, as I understood correctly, if I did, that the policy presently with the City will break us. OK. I'm still here now wondering when I walk through the motor pool and I find 104 smashed cars. What are the negotiations you told us in the past that you're trying to work out before we go and order... How many cars? Mr. Odio: We need to order this fleet. Commissioner Plummer: How many cars in this order? Mr. Odio: 170. Commissioner Plummer: 127? 137 January 14, 1993 Mr. Odio: 170. Commissioner Plummmer: One seven zero. Now, excuse me. What happened with 104 smashed police cars? Mr. Odio: I tried to explain to you the other day was some of them are very old, some of them have already been written off and been cannibalized. Co ahead and explain the rest. Commissioner Plummer: Tell me, if you will, Mr. Williams, to start off with, how many of them of the new variety... that are smashed? Mr. Williams: When you say new variety, let me give you the... Commissioner Plummer: The Chevy Classic, is that what it is? Commissioner Alonso: We seem to have a lot of those... Mr. Williams: The Caprice Classic. -t. Commissioner Plummer: Caprice. I'm sorry. Yeah, 54 of those? Mr. Williams: Right. Commissioner Plummer: That a half million dollars of smashed automobiles. Then we got 50 more of the others. Mr. Williams- Right. Of which though several of them have really been removed from service and replaced. t Commissioner Plummer: But they are still on the property? Mr. Williams: Yes, they need to be sold off or scrapped. Commissioner Plummer: So, what I'm asking, and Mr. Cotera is now here, you've Informed this Commission that you were trying to work out some agreement with the union, realizing that the policy presently is one that is a policy that will eventually financially, as you said, possibly break this City. So 1 am asking again, have you worked out anything with the FOP (Fraternal Order of Police)? Is there any change in the policy? Or are we still looking at your comment that said, nif something doesn't change, we're in serious trouble"? Mr. Odio: Well, if we have to buy so many cars a year, we're in trouble and he knows that. What we are trying to do, we have talked about changing the policy of replacement, but this one needs to be purchased. Commissioner Plummer: Mr. Manager, that's exactly the wording, same statement I heard a year ago. Now, I'm asking what... I'm assume what you telling me is the bottom line that nothing has been worked out. Mr. Odio: Yes and no. Because when we work something out, then something else is added. We have to... Of this car, some of them are take home cars and we are still behind... We promised the police officers that if they lived in the City, they can take a car home. We're 19 short right now. 138 January 14, 1993 11 Mr. Williams: That's right. Mr. Odio: And we are behind... Commissioner Plummer: Mr. Manager, if the way we're going and the instructions... Mr. Odio: We're behind in replacement according to the policy right now. Commissioner Plummer: Charlie, is it a true statement that at best our motor pool presently with what we have, cannot handle more than two wrecks a week? Is that a fair statement? Mr. Charlie Cox: I would suggest they can handle one wreck a week. Commissioner Plummer: One wreck a week? Mr. Cox: You only have one body -man. Commissioner Plummer: So basically, when we looking at 104 cars... Commissioner Dawkins: Now, wait J.L.. He did not say complete one wreck a week. He said worked on one wreck a week. Commissioner Plummer: Let's accept that he completes one. So based on the numbers that mean what we presently have, if they never wreck another car that it's going to be two years before they're fixed. Now, something is not making sense. Now, all I'm asking... And by the way, just for the edification of the Commission, what we're referring to in these numbers are only police cars marked. I don't know if there are unmarked police cars and it does not involved the other City vehicles. Many of the other City vehicles are smashed. But I'm speaking in these numbers - Am I correct? - that these are police cars. Mr. Williams: These were either, you know, police cars that are in service and have been damaged or police cars we pulled out of service. Commissioner Plummer: They're marked patrol cars. Mr. Williams: At one time they were marked. Commissioner Plummer: Yes, OK. So, what I'm saying is we're now talking about an item here of over $2,000,000 for a City that has some financial problems, that's the reason I asked my question. Is there anything being done to try and give a little relief on this item? Mr. Williams: Commissioner Plummer, if I may. I do know that the Manager has had discussions regarding that and certainly he and Mr. Cotera can speak to that. On this particular item the 170 cars we're proposing to be replaced now are due per the present policy and certainly any changes or any adjustments in that agreement will have to be outside of the present policy, because we are before you on the present policy. 139 January 14, 1993 Commissioner Plummer: Ron, I understand that, let me tell you, my problem is what are you going to do with the 104 that are there? Vice Mayor De Yurre: How many of those 104 are suppose to be replaced.,. Mr. Williams: 65... Vice Mayor De Yurre: ...with the 170? Commissioner Plummer: The way we're going... Victor, My problem is what we have in the shop people working today... And by the way I want to agree with the Manager. The smartest move he ever made was turning that shop over to the mechanics. Those guys are busting their humps and doing a hell of a good job. But, the body shop a is a body shop and at best they can do one car a week. We would never get it done and if... - Mr. Al Cotera: They're going outside, J.L., they're going outside. Mr. Odio: We are sending them outside. Commissioner Plummer: When? Mr. Williams: Some... Commissioner Plummer: I mean, you're running out of room where to stack them. Mr. Williams: Some are already being sent out, Commissioner Plummer. We are starting to do that on some kind of gradual basis. There are two issues on that. One, to send them outside... must be competed, which we want to do, and the other side of it is QC (quality control) making sure the work was done and it's fixed under the paint when it's returned to the City. Commissioner Plummer: Ron, if you had 50... Let me just pull a number out of the air. If you had 50 of those fixed today, you wouldn't need this, would you? Not in the numbers that you have. Mr. Cotera: Yes, you do. Mr. Williams: Well, yes, we would, because... Commissioner Plummer: Well, there's a way somewhere. You're in a trap now. Mr. Williams: OK, let me explain it to you. Commissioner Plummer: You've been had. Mr. Williams: Let me explain it to you. Commissioner Plummer: No, you're in a trap. Mr. Williams: Whether or not the car is damaged or not, it is still subject to the Commission's adopted replacement policy. Certainly, we should fix them and make more cars available, but if the car is three years old and damaged, it is stilt due to be replaced in accordance with the policy. 140 January 14, 1993 Commissioner Plummer: Ron, the Caprices are not three years old. Mr. Williams: Oh, yes. Commissioner Plummer: The ones that I looked at in the first line which there are twenty-four, and they are all of the newer model.., Mr. Williams: Certainly, several of the newer one, but we have 189 Caprices, 190 Caprices, 191 Caprices and 192s. Vice Mayor De Yurre: How many of the 104 are scheduled to be taken off the pool? Mr. Williams: Of that amount, Mr. De Yurre, about 35 or either already have been retired. In other words, we have no plans to fix them or they will be replaced as a part of this because we may have total within that number. Vice Mayor De Yurre: OK. So if 104-35 are discarded. Mr. Williams: Exactly, we don't plan to fix them. Vice Mayor De Yurre: OK. So, we're left with 64 or 69. Mr. Williams: 69. Vice Mayor De Yurre: Yeah, we got 69. At one per week, eventually, there's going to be number of them that will never get out of there because they will also get to the third year. Mr. Williams: Exactly. If we do them in-house, you are absolutely correct, but we're at - per the Manager's direction, and we have already begun the process - we're sending a lot of cars out. As a matter of fact, I think the number you approved was up to 75 outside to have repaired at outside body shops. Commissioner Alonso: Have we sent any of the ones that are in the shop at the present time? Mr. Williams: We have taken bids. I don't know if they're gone as of this afternoon. Not for certain 1f we had vendors to come by and give us prices on the repair. Vice Mayor De Yurre: By when do you expect to have them repaired then? Mr. Williams: The entire... Vice Mayor De Yurre: 169. They're repairable. I imagine when they are being repaired is because they can be repaired. Mr. Williams: I think it is reasonable that... Commissioner Plummer: Victor, just for your information, the front line of 24 has been there for any number of months-- months... 141 January 14, 1993 Vice Mayor De Yurre: So, what are you looking at time wise? _ Mr. Williams: I would estimate within 60 days if we use multiple vendors, we should be able to get those vehicles repaired on the outside. Vice Mayor De Yurre: And then on top of that, you have 135 that are slated to be replaced which are in good condition. - I mean, which the third year is up Mr. Williams: That's right. Vice Mayor De Yurre: OK, Miller, Commissioner Dawkins: Mr. Williams, what kind of vehicles, I mean, by the _ line, does Florida Highway Patrol use? Dodge? Mr. Cotera: Uses the Caprices. Mr. Odio: They are using Caprices. Commissioner Dawkins: That's all? Mr. Odio: No, they are also using the Mustang... Commissioner Plummer: Yeah, they use a little Mustang. Commissioner Dawkins: What else do they use? Then they are using another one. They use a Ford. Mr. Cotera: They are phasing therm out... Mr. Odio: I don't know if they have the Crown Victoria. Mr. Cotera: ...and they are going to the Crown Victorias. Mr. Williams: I've seen some Fords. Commissioner Dawkins: They are using what, Mr. Williams? Mr. Williams: I think, as the Manager said, they use a combination. Some Fords, some Caprices and I know they are using the small Mustang also. Commissioner Dawkins: What cars are purchased by the County? Mr. Williams. The Caprices. Commissioner Dawkins: And what else? Mr. Williams: For the most part this last contract, they... Commissioner- Dawkins: No, no, not the most part. What automobiles were purchased? 142 January 14, 1993 _ a . Mr. Williams: The new order was Caprices, Commissioner Dawkins. Commissioner Dawkins: That's all? Mr. Williams: I'm sorry? Commissioner Dawkins: That's all? Mr. Williams: For patrol, yes. Commissioner Dawkins: OK. Miami Beach? i Mr. Williams: Taurus, right. _ Commissioner Dawkins: OK. Hialeah? Mr. Williams: I don't know what Hialeah purchased the last time. They have in their fleet now a combination. — Commissioner Dawkins: Did your Procurement Officer check to see if we could have purchased Fords cheaper than this... Mr. Williams. Yes. Commissioner Dawkins: ...or we could have gotten, I don't mean the tittle mustang, I'm talking about pursuit automobiles... Mr. Williams: Right. Commissioner Dawkins: ...we could have gotten cheaper than this. Mr. Williams: We did check, yes, and the Crown Victoria, by memory, is more like two to three thousand dollars more expensive than the Caprice. Commissioner Plummer: Yeah, but also tell him on the record the amount of problems you been having with the Caprice. Commissioner Dawkins: That's right. Mr. Williams: Well, we've had problems with the Caprice, Commissioner - Plummer, but I must say that working with the officers and working with Chevrolet, we have had them addressed. I think the principal issue had been a -� Something involving the brakes, the hub caps. We think that the unit is doing fine now and certainly we have the regional office of Chevrolet working with use Commissioner Dawkins: Would you say, sir, that by purchasing the Caprice and saving 0$2,000" you broke even for the amount of down time that the Caprices _ were down and out of use? Mr. Williams: I'm not certain if it would be even, Commissioner Dawkins, but - certainly the savings would be real. 143 January 14, 1993 AN Commissioner Dawkins: OK, there again, I need to know why somebody didn't - think of this and do this comparison. Mr. Williams: The comparison of the Ford versus ... _= Commissioner Dawkins: Paying a $1,000 more, getting a vehicle , lack of a— better word, less trouble free, that you wouldn't have much down time with and lose all that down time with an automobile sitting up waiting for the brakes to be fixed or what have you. Mr. Williams: Commissioner Dawkins, we don't think that we had... Commissioner Dawkins: I do. Mr. Williams: ...had an extraordinary amount of down time because of mechanical program with the Caprice. There was a problem that seemed to be an issue with Chevrolet. They came in and worked with us and it got resolved. I must say also, at no cost to the City. Commissioner Plummer: Can I ask a question? Commissioner Dawkins: Yes, you don't want to let anybody else talk. Go ahead. Commissioner Plummer: I'm sorry, I thought you had finished, sir. Commissioner Dawkins: No, go right ahead. I'll yield to you. Commissioner Plummer: Well, then shut up. Of these 170 automobiles, are they all going into patrol? Mr. Williams: Yes, sir. Commissioner Plummer: What kind of automobiles are the investigators driving? Mr. Cotera: Broken-down ones. Commissioner Plummer: Broken-down? Asst. Chief Raul Martinez. I would say, basically are the ex -patrol cars that were taken out of the patrol fleet and some 187 K (K-frame) cars that we have had for a few years. Commissioner Dawkins: 187? 187? Commissioner Plummer: Thank you. Mr. Odio: Well, the patrol car we take out and recycle. Commissioner Plummer: Mr. Manager, let me tell you what I was getting at, OK. Using the Coconut Grove detail. In the Coconut Grove detail, you're providing a new Classic Chevrolet, three of them, for the guy to drive from Beacon and Flagler to Coconut Grove and park it all day long. I don't think you need a new car for that. It makes no sense to me that that patrolman who is 144 January 14, 1993 - basically a walking beat, as what I understand, could not be given a car that runs but it doesn't have to be a new car which doesn't make sense to me. To me it would be a savings to give a walking beat patrolman a car that's what you call a used car because it's just parked there all day long. It doesn't make any sense to me. Commissioner Dawkins: Mr. Manager, Commissioner Plummer just commended you and I think the total Commission commends you for giving the men at the motor pool job security and et cetera, for doing a good job. But how can you justify giving the unit to the men, telling the men that if they work they will preserve their jobs and instead of giving them men, material and equipment to repair the wrecked automobiles, you're sending them outside to be repaired, therefore, eventually the repairs will all be caught up or else you'll constantly have to send them out. So how are we accomplishing anything If we turn the department over to the men themselves and we, the City Commission, do not help you provide the individuals with that which they need to do the job. Mr. Odio: You're right. The point is that the decision - and it's important that you hear this - the decision made to send the cars out was made by the employees with us. In other words, they're running the shop and the only way... Commissioner Dawkins: But were it made because they had enough men to do the job or was it made because they did not have enough men to do the job? let's talk about apples and apples. Mr. Odio: let's put it this way. You would have to hire 15... You don't have the capacity. We have to catch up. Commissioner Dawkins: Say what? Mr. Odio: We have to catch up and give them the shop with something they can work with. They cannot deal with 70 wrecked cars no matter how many employees you bring in new there, number one. Number two, it's not cost feasible. It will cost a fortune to hire 15 body mechanics there and to work in there. We don't have the room to do it. We don't have the equipment to do it. So, in order to catch up and give them a shop that they can deal with, they... in fact they sent me a list of things they wanted and that was one of them. They said we need to send these cars out. So we're doing... We're working together on what needs to be done there. Miller, in other words, to catch up, to deal with 70 wrecked cars and some of them are pretty bad is a major undertaking and the only way to do this is spread the work around town at quality shops within the City limit and make sure that we can get them fixed. Commissioner Plummer: And yet FHP (Florida Highway Patrol) has less wrecked cars than we do, they put in a pursuit policy... Mr. Odio: That's another issue, Commissioner. Commissioner Plummer: and my department says that they don't want to adopt... Mr. Odio: They did not say that. 145 January 14, 1993 Commissioner Plummer: ...that because that policy is too restrictive. Mr. Odio. They did not say that. That's another issue. Asst. Chief Martinez: Commissioner Plummer, the Police Department is definitely not saying that. Mr. Odio: That' another issue. ;k Commissioner Dawkins: Mr. Mayor, Mr. Plummer is out of order. That's an item that's Scheduled for discussion later on. Ask him to please wait. Mr. Odio: Al, when do you think we can bring back a change in the policy on replacements? Mr. Cotera: I spoke to the Chief about it the other day and what we are waiting for is the Chief of Police of Dade County to establish a policy... Mr. Odio: I don't mean the pursuit... Mr. Cotera: The pursuit policy. Mr. Odio: I mean the replacement policy on vehicles. Mr. Cotera: Let me give... Commissioner Plummer: The pursuit policy, Metropolitan Dade County has already adopted and so have FHP. Mr. Cotera: What we're trying to do is find uniformity and that's the way it was explained to me. Commissioner Plummer: What? Mr. Cotera: Uniformity within the different municipalities... Commissioner Plummer: Excuse me. I don't know where you would compare the City of Miami with any other municipality. I think you can compare the City of Miami with Metropolitan Dade County. I think you can compare it with FHP. They have adopted a very fine policy and yet I'm told that our department wants to formulate their own. I can't understand why they want to reinvent the wheel. It doesn't make any sense to me. It seems like - I assume we have all read the policy - it seems like a very reasonable policy to me and yet there is a resistance to accept it. I don't understand. Yet when you walk through the motor pool, it is incredible 104 smashed automobiles, yet their policy is too restrictive? Asst. Chief Don March: Mr. Commissioner, that's listed else where in the agenda on the pursuit policy. Commissioner Plummer: Which item is that? I'm trying to find it. Asst. Chief March: It is 32, I believe. We're prepared to address it at that time or we can address now if you like. 146 January 14, 1993 Ogg Commissioner Plummer: No, I'll wait until 32 because It just simply that I'm going to make a motion that we adopt the County... the FHP policy. Mayor Suarez: It's going to be painful enough at the appropriate time without anticipating it. Why don't we vote on the item at hand here which is 18. I think we're... Yes, sir. Anything pending? Any other questions that have to be answered? Mr. Cotera: Beat a dead horse. Mr. Odio: When do you think we can bring back a more cost-efficient replacement? Commissioner Plummer: Excuse me. May I correct the record, just so that there is no misunderstanding? May I read from the Chief's memo? Commissioner Dawkins: On what? Commissioner Plummer: The new policy of the Florida Highway Patrol has been reviewed and been found... Commissioner Dawkins: That's 32, J.L. Mayor Suarez: Can we wait to get to that so we can try to deal with 18? Commissioner Plummer: I just want to correct the record. Let me read this -= and I'll shut up. Mayor Suarez: All right. Commissioner Plummer: The new policy of the Florida Highway Patrol has been reviewed, has been found to be a very restrictive one. Thank you, sir. Mayor Suarez: On the item at hand, does any Commissioner have any question? Does the Union need to make any statement? Do you not support the purchase of the automobiles, item 18? If no one has any questions, we just take up the item and vote on it. Moved? Commissioner Plummer: Mr. Mayor, I don't think we have any choice. Mayor Suarez: Thank you. Commissioner Plummer: We have an agreement with FOP (Fraternal Order of Police). They say they are trying to help us out and the Manager... The only thing I'm saying is after a year I'm hearing the same rhetoric and it's about time that I think that somebody consider the tax payers in this City. Mayor Suarez: All right. Commissioner Plummer: We have no choice. Mayor Suarez: I'll take that as a second of the motion by Vice Mayor De Yurre. You say you don't have no choice, that sounds like you're seconding. Call the roll on item 18. 147 January 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 93-29 A RESOLUTION AUTHORIZING THE PURCHASE OF 170 1993 CH€VROLET CAPRICE PURSUIT VEHICLES UNDER AN EXISTING DADE COUNTY BID NO. 3407-OEC-CW FROM ED MORSE CHEVROLET AT A PROPOSED AMOUNT OF $2,151,203.80, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE; SAID VEHICLES TO BE ACQUIRED THROUGH A 36-MONTH LEASE PURCHASE PLAN OFFERED BY A FINANCIAL INSTITUTION; ALLOCATING FUNDS THEREFOR FROM THE GENERAL SERVICES ADMINISTRATION AND SOLID WASTE DEPARTMENT OPERATING BUDGET, ACCOUNT CODE NO. 420901- 880; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING THE ROLL CALL: Commissioner Dawkins: I'm voting yes, but I'm going to tell Mr. Williams and the manager I would like to see some other models of cars purchased. OK? COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Mr. Manuel Gonzalez-Goenaga, sir. What item did you... Mr. Manuel Gonzalez-Goenaga: I understand because I am a little late, your honor. Mayor Suarez: What item, sir, did you want to comment on? Mr. Gonzalez-Goenaga: On the... what? Additional cars for the police? Mayor Suarez: Yes, sir. 148 January 14, 1993 Mr. Gonzalez-Goenaga: Oh, I'm an expert with the cockroaches. Anyway, I hope all the Cwnissioners hear me. I understand from what I have heard here in this Commission and I was present when we approved many thousands and thousands of dollars to buy new police cars - Caprice Classic 1992. And out of those cars - please correct me if you know, Major. - two-thirds of that fleet is in bad shape. Right or wrong? Mayor Suarez: Two-thirds? Mr. Gonzalez-Goenaga: I heard... at least have some problems. Because, of course, some of those cars have murdered innocent bystanders. Other cars have... Mayor Suarez: Sir. Mr. Gonzalez-Goenaga: Wait, let me. Is this a place... Mayor Suarez: Sir, please stick to the issue of whether we are going to... Mr. Gonzalez-Goenaga: No, the issue is... I'm giving you the background, Mayor. Mayor Suarez: There's a point at which your statements are so preposterous that they become inflammatory and we are simply not going to entertain them. So, get back to the point of item 18. Mr. Gonzalez-Goenaga: The point is that if we're going to agree to give, I don't know the different between 192 and 193 cars. I understand even the policemen were complaining that the Caprice Classic 1992 were not such a good car for the police but now apparently it's excellent. Anyway, but that is the point because the citizens are never given the truth. Anyway what is the use of giving these blue angels two and a half additional dollars to start... CHICO, CHOCANDO. How do you say that in English? Mayor Suarez: Having wrecks, go ahead. Mr. Gonzalez-Goenaga: Pardon. Mayor Suarez: Having wrecks, having accidents, go ahead. Mr. Gonzalez-Goenaga: Crashes, and being always in the car with the marvelous conditioning, instead of being in the streets persecuting the real criminals, the drug dealers like Mr... the money launderer like Mr. Felipe Vallas and a few other gangsters of this town. Thank you very much. Mayor Suarez: All right, have a seat:. Make the record replete with the defamatory material, pretty soon we are going to be in court all the time with just copying and recopying all of the libel and slander that you engage in. Commissioner Plummer: Mr. Manager, Mr. Mayor. Mayor Suarez: Yes, sir. 149 January 14, 1993 0 Plummer: Mr. Manager, I want to remind you when item 32 comes the pursuit policy, I have asked that you have available risk Mayor Suarez: Please, yes. Commissioner Plummer: ...the insurance people and all of the dollars that are going to be involved and the total cost of not having an adequate pursuit policy. Please, remember that they will be here. ---------------------------------------------------------- NOTE FOR THE RECORD: At this point, Commissioner Plummer directs m n s ra ion to make sure that, at the time agenda item 32 comes up for discussion, representatives of Risk Management and the Insurance Manager be present for discussion of the police pursuit policy. ---------------------------------------------------------- 25. (A) AUTHORIZE PAYMENT OF $76,994.78 TO BLACK AND FURCI, PA -- FOR ATTORNEYS FEES AND COSTS INCURRED BY DR. LUIS PRIETO-PORTAR, DIRECTOR OF DEPARTMENT OF PUBLIC WORKS (State of Florida vs. Luis Prieto-Portar and Elio Rojas, Circuit Court Case No. 92- 1452). (B) STIPULATE THAT NO CITY EMPLOYEE SHALL AVAIL HIMSELF/HERSELF OF OUTSIDE COUNSEL SERVICES UNLESS PRIOR APPROVAL IS OBTAINED FROM CITY COMMISSION. Mayor Suarez: Item 20. Commissioner Dawkins: Twenty, I move it. Commissioner Plummer: Nineteen, isn't it? Commissioner Dawkins: Nineteen was withdrawn. Commissioner Plummer: Oh, I'm sorry. Mayor Suarez: Item 20. Payment of seventy-six thousand, et cetera, for ! attorneys fees and costs in the Luis Prieto-Portar matter. Commissioner Plummer: My understanding is we have no choice, is that correct? Commissioner Dawkins: That's correct. _ Mayor Suarez: Is that exactly correct? Commissioner Dawkins: Yes. ok A. Quinn Jones, III, Esq. (City Attorney): Let me see if I can explain it to - _= you. Under the statutory provision for public employees for a situation like � S 150 January 14, 1993 this, only pertains to civil cases where they have to be defended or they defend their positions. Having a Florida Supreme Court has ruled in the case of Thornburgh vs. City of Ft. Walton Beach, there is a common law duty on the part of Lhe municipality to provide defense or to pay for attorney's fees where a public official officer has been charged in connection with alleged misconduct arising out of the course and scope of his or her employment. So the Supreme Court decision does suggest that we have no obligation but to pay. Commissioner Plummer: Well, you know I thought we had adopted, and I'm sure 1t was after this, a policy that said that anyone who goes out to private counsel and does not use the City will have to be approved by this Commission prior to going out or we would not pay for their legal fees on the outside. Now, in this particular case I guess there were no choice that they had to go out but it seem like to me that it is improper or it's not good business procedure that they come back after the fact and they tell us what they going to pay and they settle this out where if it came to us first we could negotiate with a law firm and say, hey, what are you going to charge? I think that's a reasonable fee to ask. How do I know that, in fact, this amount of money is a legitimate fee to pay for this defense? How do I know that they didn't go overboard in their discoveries, their depositions and everything else they did, I don't know that. I don't have anything to tell me in a way of a breakdown that this fee which is being asked for here is a legitimate fee? I just don't know. I'm not trying to infer. Have you gone through all of the documents and established... How much was their hourly rate? Mr. Jones: Commissioner, I can't even tell you what the hourly rate here. I went through the backup that was... Commissioner Plummer: In other words... Excuse me. Mr. Jones? Mr. Jones: Yes. Commissioner Plummer: I don't think that we have to sit here, as City Commissioners, and if the lawyer says, "I charge $400 an hour," that we have to accept that. I don't think that's the case. And yet, I'm not finding fault with you, sir, because you're saying we have to do this, but you're telling me you don't know what the hourly fee is. Mr. Jones: No, I... There's no indication here, I just suggest someone of Mr. Black's reputation and caliber... Commissioner Plummer: Why are my two lawyers on the Commission being quiet here? Is there a reason For that? I mean... Commissioner Dawkins: What? Commissioner Plummer: Don't you11 have any questions about... Mr. Jones: Look... Commissioner Dawkins: The only thing ... No. I'm quiet because we do it for the police every day, we do... Every time I look up, the policemen are being defended, and you're paying. Now, here's another employee of the City of 151 January 14, 1993 Miami who was falsely accused, and he went out, ,just like the police, gist_ somebody to help him to prove that he was innocent, and I say the reason we paid it for everybody else... and until this Commission establishes a policy that you are not going to pay, we have to be consistent. Commissioner Plummer: Excuse me. Mr. Mayor, did we not do that within the — last couple of months? Mr. Jones: You've never... You've never set anything... Commissioner Plummer: I thought the policy was... Mr. Jones: ...by resolution. You've never adopted a formal policy. You've = had several discussion relative to it. Commissioner Plummer: Well, then I'm confused, because I thought... - Mr. Jones: You've had several discussions. Commissioner Plummer: ...that there was a policy that said that anyone wishing to go to the outside for counsel would have to get approved by this -' Commission before they went out. = . Commissioner Dawkins: Well, if it did, it was before this gentleman... -a Commissioner Plummer: I told... =a Commissioner Dawkins: What... This one's on for about - what? - 14 or 15 months. So, I'm sure if a policy was adopted... Commissioner Plummer: OK. Mr. Jones: Commissioner.... - Commissioner Dawkins: ...it was adopted after this gentleman did what... Commissioner Plummer: Miller, I have no problem. Mr. Jones: Commissioner Plummer... _ Commissioner Plummer: I just would like to know that the breakdown is legitimate charges. Vice Mayor De Yurre: .And that's... Commissioner Plummer: And I think I have that right. . Vice Mayor De Yurre: And that's all right. There's nothing wrong with that. But let me tell you something, if somebody gets arrested, you know, does he have to wait to get out of jail, until we have a hearing here, and then decide that he can have an attorney? You know, there... Commissioner Plummer: I don't think that... _ 152 January 14, 1993 � Y Vice Mayor De Yurre: We have to consider a number of things that have to be realistic in fact. Commissioner Plummer: I don't think that that's really the case. No. I think if he's arrested, and if it is a case of the City being involved, that the t City Attorney immediately go to his aid. OK? Vice Mayor De Yurre: Do we have any criminal attorneys in our... Mr. Jones: Well, let me... Let me... Commissioner Plummer: Hey! Mr. Jones: The City Attorney's offices have traditionally never represented City employees in criminal matters. It has always been civil cases. Commissioner Plummer: You do... Oh, OK. Mr. Jones: And quite frankly, I would have a serious problem with... and I'm sure as would the employee, of having someone who perhaps has had some criminal defense practice, but I would have a serious problem in terms of malpractice, or whatever else. And I'm not quite sure that ethically... Commissioner Plummer: But you don't buy something without knowing the cost. Mr. Jones; ...you could pursue a criminal defense on behalf of City employees. Mayor Suarez: Well... Commissioner Plummer: I ask again, and then I' l l be quiet. Do you have a breakdown of what this cost factor of $76,000 is? Mr. Jones: The breakdown is included within your package. Every itemized... It's itemized as to what the expenditures were made on behalf of Dr. Prieto's defense. And again, I can't tell you what Mr. Black charged him as an hourly rate. Commissioner Dawkins: As the maker of the motion, I amend the motion to say that the City Attorney provide each Commissioner with a breakdown from Mr. Roy Black of the charges. I so move. Does the second... Mayor Suarez: So moved. Yes, absolutely. Commissioner Plummer: OK. Let me ask this question of you. Mayor Suarez: Yeah. We need the complete backup... I don't think we need a motion for that, Commissioner. Commissioner Plummer: OK. Mayor Suarez: You're welcome to make it In the form of a motion, if you'd like. When you're finished inquiring, let me know, because I do have a few... quite a few questions. 153 January 14, 1993 6 Commissioner Plummer: No, go ahead. Mayor Suarez: OK. A couple of questions. First of all, now these are monies that we're paying, if we approve it, for legal fees. What other claims, or. what other remedies, or what other consequences to the City are there from Dr. Prieto's status? Have... Does he waive any claims against the City, or our agents who, presumably, testified against him? Mr. Jones: No, certainly, if he feels that he has some basis to pursue other avenues of relief, certainty, he can do that. I can tell you that I don't... Mayor Suarez: But what 1s the evaluation then on the City Manager and the City Attorney... Mr. Jones: Well, if you'd let me finish, Mr... - Mayor Suarez: ...of the City's entire handling of this matter... Mr. Jones: Well... — Mayor Suarez: ...because we have other agents then who... they will claim, within the scope of their employment, they testified and if they're now sued civilly by Dr. Prieto, or if the City is sued, we've got another liability there, do we not? Mr. Jones: Well, simply because these... Mayor Suarez: Potential liability, of course. Mr. Jones: No, I would tend to disagree, simply because these people, these employees were subpoenaed and testified in his trial against him, or for him, or whatever the case may be, does not in and of itself... Mayor Suarez: All right. Mr. Jones: ...give rise to any liability. Mayor Suarez: I see what you're saying. =,r Mr. Jones: I can tell you that based on my analysis of the case, I don't see... Excuse me. I don't see any liability on the City's part for anything. Mayor Suarez: I understand. OK. I've... —' Mr. Jones: The City hasn't done anything wrong. - 4 -- i" Mayor Suarez: 'fiery good. And then to finalize that aspect of it, what is the City's determination as to any disciplinary measures that would be taken? G. Does the City have a finding, as part of our procedures, as to Dr. Prieto's conduct... E. Commissioner Plummer: He was... He was found innocent. 154 January 14, 1993 1 Mayor Suarez: ...of the department? Commissioner Plummer: He was found innocent. Not guilty, right? - Mr. Jones: Yeah. _= Mayor Suarez: No, from the administrative standpoint though. 4 Mr. Odio: We have put him back to work. — Mayor Suarez: Is Dr. Prieto then returned to being director of the department? Mr. Odio: He has been returned. - Mayor Suarez: Is Dr. Prieto the director of the department... Mr. Odio: Yes. Mayor Suarez: ...as before? -- -- Mr. Odio: Yes, he is. Mayor Suarez: So, we may now, on all matters having to do with Public Works, deal with Dr. Prieto? He's the director of the department? Mr. Odio: Yes, he is. _ Mayor Suarez: For the indefinite future. Do you have, Mr. Manager, or Mr. City Attorney, any of the depositions, or any of the trial testimony in this cause that could be made available to us? Mr. Jones: No. Certainly, I can attempt to retrieve it, whatever, and make 1t available to you. Mayor Suarez: Could you, please? But you don't have it. You haven't looked at it. E Mr. Jones: No. Mayor Suarez: You don't know what... how the testimony went. Commissioner Plummer: Mr. Manager, may I ask, please... and I can't speak for the others, but I've asked before, obviously we have better photostat machines than this. We got from who? Well, would you then ask... I mean, to give me something like this is to give me nothing. I can't read that. — q, Mr. Odio: You always blame the City. That came from them. Commissioner Plummer: Then tell me that, sir. Mr. Odio: I'm telling you that. _ Commissioner Plummer: I happen to believe it came from you. 155 January 14, 1993 E Mr. Odio: That did not come from us. Commissioner Plummer: OK. You know, it's what I see here, just for the record, the attorney's fees amounted to a total - just the attorney's fees - of $70,000. But yet, 1t doesn't tell me... It gives me dates and days, but it doesn't tell me how many hours are involved. They charged us for parking fees. Vice Mayor De Yurre: V-_11! gat it waived by Off -Street Parking, give them a credit. Commissioner Plummer: They charged us for copies of... color copies of graphics. They charged us, I guess, CG Bank interest on attorney fee loan. What would that be? Mayor Suarez: Well, ask him. Commissioner Plummer: Can somebody tell me what is CG Bank interest on attorney fee loan? Is that the attorney loaned the man money? And it's the... Vice Mayor De Yurre: Oh, what happens there, I think, is they advance the money for costs, and then they've got to get reimbursed, plus interest. They =m probably have a. line of credit there, I would imagine. Mayor Suarez: Is Dr. Prieto, by the way... does he have the same powers? I mean, there is no City Manager, Assistant City Manager, that somehow is q director of that department, or is somehow overseeing that department? He is back exactly where he was before? Mr. Odio: Yes. Mayor Suarez: So, Wally Lee is no longer acting director of that department. Mr. Odio: Wally Lee is Assistant City Manager and Dr. Prieto reports to him. 5-- Mayor Suarez: But he's not, in any way, the acting director of that department? Mr. Odio: No, Dr. Prieto is the director of the department. Mayor Suarez: All right. Commissioner Plummer: I would ask, if you could... the rest of it seems like... except for, I think, fax expenses and things of that nature, I'd like - to know the amount of hours and what we paid on an hourly rate. I think we're - entitled to know that. Let me ask a dumb question, and I guess it's dumb _ -_` because I don't know the answer. We did not indict the individual, he was indicted by the State Attorney's office. Since he was found innocent, is there any possibility of suing them to recover costs? They created the... Vice Mayor De Yurre: No, the problem was created when people, fellow employees, went to the State Attorney's office. 156 January 14, 1993 t F� Commissioner Plummer: Excuse me. Vice Mayor De Yurre: That's when it was created. -- Commissioner Plummer: They did not indict him to make him get a lawyer. They went to the State Attorneys office, and I know that. Vice Mayor De Yurre: The same day, if I'm not mistaken. Commissioner Plummer: What I'm saying is the indictment, which caused him to engage an attorney was the indictment - not the people going to the office, not anything related to the City... Mayor Suarez: Yeah. I mean, what worries us - I think I'm heading 1n the same direction you're heading in - is that anyone then, who is charged with a crime, misdemeanor or felony... Commissioner Plummer: Do you understand what I'm saying? =a Vice Mayor De Yurre: Yeah. But for that matter then, do you sue the other guys? Is Mayor Suarez: ,..and that is abjudicated not guilty, for anything that can conceivably be related to City functions that that person was performing... even though, obviously, the indictment in this case was not for doing something within the scope of his authority, because presumably, the driveway in question was private property, et cetera... then we pay attorney's fees. I mean... Mr. Jones: Well... Well, it was... Mayor Suarez: Are you saying that the reading that you have of that case says that... _ Mr. Jones: The allegation was related to his position as department director and having ordered it by virtue of his position as Director of Public Works. So, that's the correlation there. But yes, what I'm telling you is that any public officer, any City of Miami official officer employee who is charged somehow with misconduct, is indicted, goes to trial... Mayor Suarez: And yet... Mr. Jones: ...is successful by the Supreme Court decision - Thornberg versus City of fort Walton Beach - we would be obligated to pay for that person's... _ either provide counsel for that individual, or pay that individual's attorney's fees. 7- Mayor Suarez: And yet, when we, fully with our powers, totally without any personal gain or interest, whatsoever, as Commissioners, act in this = Commission, and somebody files... Mr. Jones: An ethics... 157 January 14, 1993 M1 .f e Mayor Suarez: ...an ethics violation complaint against us, we are expected to provide our own attorneys... Commissioner Plummer: Not at our cost. Mr. Jones: No, no... _ Mayor Suarez: ...the City will not provide us attorneys... Commissioner Plummer: No, not at our cost. Mr. Jones: No, no. That's not true. You would be entitled to the same level of representation. What I Indicated to you was that there was a Florida bar _ opinion that indicates that it would be a conflict of interest for... Mayor Suarez: Oh, so we go out and hire private attorneys... _ Mr. Jones: ...so you would get your own attorney but the City would still... Mayor Suarez: ...and then charge the City when we win the case. Mr. Jones: The City would be obligated to pay your legal expenses as well. Mayor Suarez: I hereby waive any and all such claims. If I did that... Commissioner Plummer: Yeah, that's fine. You're a lawyer, to defend you. What do I do? Mayor Suarez: Yeah. That's right. I'll defend you, too. Commissioner Alonso: Yes. Commissioner Plummer: What do I... Maybe I don't want you. Mayor Suarez: What a system, folksl Commissioner Plummer: Let me ask this question. Mayor Suarez: What a system. I mean, I'm led to... Commissioner Plummer: Where you asked... i Mayor Suarez: ...pursue the same line of argument that you're pursuing, which is whoever messed up here, you know, should pay. Why should it be the �a citizens of Miami? Commissioner Plummer: Well, here's what I've not had the answer. Mayor Suarez: We've got some employees alleging something against another employee. The State Attorney has moved to indict somebody. They go through =1 the whole trial, everybody pays attorneys, and then the citizens of Miami pay at the end. It doesn't make any sense. Commissioner Plummer: Mr. City Attorney. 158 January 14, 1993 Mr. Jones: Yes, sirs Commissioner Plummer: Did Dr. Prieto ask you, at any time, to defend him? Mr. Jones: Not me personally, no. Commissioner Plummer: The Department? Mr. Jones: Not that I'm aware of, no. Commissioner Plummer: See, that's where I think the breakdown comes, because, legally, you could defend him. Mr. Jones: Not 1n a criminal matter. This was a criminal matter and as I Indicated, traditionally we've represented City employees in civil lawsuits, whatever else, but I foresee a problem in undertaking any representation of criminal... In fact, you'd have to look at 1t from a conflict of interest standpoint, too. Because even if you undertook the representation of a criminal case, invariably... especially with police misconduct cases, invariably there is a civil lawsuit that would arise as a result of that particular action. So, on the one hand, you're representing this particular individual in a criminal defense, you cannot turn around and represent that same person, whose interests may conflict against the City's in a civil liability lawsuit. So, you've got a real problem there. Mayor Suarez: All right. Commissioner Plummer: Well... Mayor Suarez: Anything further on the item? Commissioner Plummer: I'd like this matter to be deferred, until we get more... Mr. Jones: Hours? Do we get... hourly rate? Commissioner Plummer: Well, the hours and hopefully, you can provide me with a copy that can be read. This is chicken scratch here and I can't read it, and I think we're entitled to the information and the breakdown of the hourly... Mr. Jones: Mr. Mayor, while you're on this issue, going back to something that Commissioner Plummer addressed earlier, so that it will be crystal clear for myself and others who may follow, I would appreciate if you would adopt a formal resolution... Commissioner Plummer: Mr. Mayor, I'll... Mr. Jones: ...as to what your intent is with respect to all City employees... Mayor Suarez: I'm not going to do that myself. You're not going to get me voting that way. As it is, this is a very painful case. I happen to be familiar with some of it and I'm ready to vote on it favorably, but I'm not going to... 159 January 14, 1993 Mayor Suarez: I'm not voting for a policy. Commissioner Plummer: OK. I am. Mayor Suarez: No way and I don't understand that case to say exactly what you said it says, no disrespect to you, because I haven't read through it. But the last time the issue came before us, I read your opinion on whether we were required to pay, and you had a lot more gray areas than you've stated today, $o... Mr. Jones: That dealt with police officers, Mr. Mayor... Mayor Suarez: Oh, so if it's another employee, they have more... Mr. Jones: ...and I still... There's a separate statute that governs police officers. Commissioner Plummer: He's saying civilly. There's a difference between civil and... Mr. Jones: Separate statute... Mayor Suarez: I just... Mr. Jones: ...which makes it discretionary. Commissioner Plummer: OK. Mayor Suarez: I'm not ready to make into a policy. I wish we didn't even have to vote on this one matter, but at least I know in this case that... you know, from my perspective, as one vote on this Commission, some injustice was made and I... you know, I just don't know that I'm ready to just sort of write a blank check. Commissioner Plummer: I'm ready... Mayor Suarez: Any time somebody gets indicted for anything that could even conceivably be related to their actions as a City official, and they prevail, the standard that they have to - and again, nothing to do with Dr. Prieto - the standard that they... that the State Attorney has to meet is to prove, beyond a reasonable doubt... beyond a reasonable doubt, and I think we have unanimous juries in criminal cases, do we not? So you have to convince, beyond a reasonable doubt, every single member of that jury, and if you can't and the person is found not guilty, even though every other fact indicates that there's a real good chance that the person did something improper, we have to pay attorney's fees. And you want to make that into a policy for the rest of our careers? I'm not voting for that. Commissioner Plummer: No, sir. Mr. Jones: No, no. 160 January 14, 1993 Commissioner Plummer: That was not what I'm going to offer a motion on a policy is. The motion I will offer to bring about, and fully understand, which I thought had been done previously... Commissioner Dawkins: There is a motion on the floor. Commissioner Plummer: ...the policy... Sir? Commissioner Dawkins: There is a motion on the floor. Commissioner Plummer: I understand, I am only referring to what the City Attorney, I think, was asking for. That in the future, that any City employee who is asking for counsel to represent them in the future, must first avail themselves of the office of the City Attorney, and in lieu of that, come before this Commission, before they engage outside counsel expecting this Commission to pay for it. I would so move. Mayor Suarez: How would that have worked in this case, for example? Commissioner Plummer: It wouldn't, because this is a criminal case. Mayor Suarez: Oh, you're talking about civil cases. OK. Commissioner Plummer: I'm talking about cases... Mayor Suarez: Oh, the least they can do is... Yeah. Commissioner Plummer: OK? In civil cases, before they go outside, this Commission has to approve them to go out. Because today, they're going out, they're engaging and they're sending us the bill. Mayor Suarez: All right. Commissioner Plummer: We have no control over the bill. We have no control over the cost. And they're just saying, "Hey, we expect you to pay it.,, So, I offer that in the form of a motion. Mayor Suarez: So moved. I'll second. Vice Mayor De Yurre: Any further discussion? Call the roll. Commissioner Plummer: Come here. That's right. Commissioner Alonso: Come in front of the Commission? Commissioner Plummer: That's it. Right here. 161 January 14, 1993 El The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-30 A RESOLUTION PROVIDING THAT ANY CITY OF MIAMI EMPLOYEE WHO SEEKS PAYMENT FROM THE CITY OF MIAMI FOR REASONABLE ATTORNEY'S FEES AND COSTS ASSOCIATED WITH THE EMPLOYEE'S DEFENSE IN A CRIMINAL ACTION WHICH INVOLVES CHARGES AGAINST THE EMPLOYEE ARISING FROM THE PERFORMANCE OF THE EMPLOYEE'S DUTIES WITHIN THE SCOPE OF HIS/HER EMPLOYMENT MUST OBTAIN APPROVAL FROM THE CITY COMMISSION PRIOR TO ENGAGING SUCH LEGAL COUNSEL; FURTHER PROVIDING THAT ANY CITY OF MIAMI EMPLOYEE WHO SEEKS PAYMENT FROM THE CITY OF MIAMI FOR REASONABLE ATTORNEY'S FEES AND COSTS ASSOCIATED WITH THE EMPLOYEE'S DEFENSE IN A CIVIL ACTION WHICH INVOLVES ALLEGATIONS AGAINST THE EMPLOYEE ARISING FROM THE PERFORMANCE OF THE EMPLOYEE'S DUTIES WITHIN THE SCOPE OF HIS/HER EMPLOYMENT MUST FIRST AVAIL HIMSELF/HERSELF OF THE SERVICES OF THE CITY ATTORNEY'S OFFICE; DIRECTING THE CITY MANAGER, IN CONJUNCTION WITH THE CITY ATTORNEY, TO ESTABLISH A PROCEDURE FOR THE PAYMENT OF ATTORNEY'S FEES AND COSTS APPROVED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. Mayor Suarez: OK. On this matter, we have a motion on the floor, I believe... Commissioner Plummer: On the... Mayor Suarez: ...do we, Madam City Attorney, to approve? Commissioner Plummer: The other one we have no choice. Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor. Commissioner Alonso: This will not... 162 January 14, 1993 j Commissioner Plummer: This is criminal. This is not civil. Commissioner Alonso: It is criminal, Commissioner Plummer: Yeah. We have no choice. Mayor Suarez: What is... OK. On this matter, we have a motion and a second, do we? Ms. Hirai: Yes. Mayor Suarez: Any further discussion? Mr. Gonzalez-Goenaga? Commissioner Plummer: I would only ask again, Mr. Mayor, because I never — really clearly heard - is it the possibility, since this matter was created by the indictment, can the City, 1n any way, try to recover this amount of — dollars from the person who brought about the indictment? Mr. Jones: Well, you have... The thing about it you have to realize is you have citizens who comprise the Grand Jury who have found, or who were charged with the responsibility of determining whether there 1s adequate evidence to bring the indictment in the first instance. So my answer to your question is there is no process in place that would allow us to recoup that, because it happens more times than not, even with people in... Commissioner Plummer: What does a poor man do? What does a man do that has no money? Mr. Jones: He gets the best representation he possibly can get, provided... f Commissioner Dawkins: He mortgages his home and goes and gets a lawyer. Commissioner Plummer: He sure... —=} Mr. Jones: He doesn't get equal justice. -` Commissioner Plummer: He sure doesn't get a Roy Black. = Mr. Jones: Well, 1 agree with you there, Commissioner Plummer: OK. Thank you, Mr. Mayor. _ Mayor Suarez: OK. Mr. Gonzalez-Goenaga. _- Mr. Manuel Gonzalez-Goenaga: Well, I think I know a little bit about this, because I have been arrested, as you know, and I have been acquitted in two -_ trials before, being and representing myself, without hiring an attorney. And in this particular case, and I'm supposed to be the court jester of this == honorable Commission, I suggest that - And let's use a little bit of common sense, starting with the lawyers, please - if the State Attorney, the State of _ ` Florida was the one who brought this action, and they are acquitted, and I don't have any reason to doubt that... because I don't even know the facts, I don't even know Mr. Prieto, I think that what they should do is sue the State of Florida. If their actions were because they were citizens of Miami... - 163 January 14, 1993 Remember, Commissioners, that you represent the citizens, and every time you disburse or approve one penny out of this Commission, it's the people's money, not your money. You should know, and I don't have to tell you, that you should be more careful, more careful with the people's money than your own money. Now I am asking you, Commissioners, if you were to disburse this money personally, what would you do? Welt, whatever you do, then you have to think - because that's your obligation - we have to be more strict then, because of the position of trust that you have with the people's money. I don't care if Mr. Suarez spends his money on lawyers, on Roy Black, or whoever, but please, you have a position of trust, which rewires that every cent that you approve here, you have more responsibility than if it were your own money. Thank you very much. Mayor Suarez: All right, sir. Thank you. We have a motion and a second. Call the roll, please, Madam City Clerk. The followin, :solution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-31 A RESOLUTION AUTHORIZING THE PAYMENT OF $76,944.78 FOR ATTORNEYS FEES AND COSTS INCURRED BY DR. LUIS PRIETO- PORTAR, DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS, CITY OF MIAMI, FLORIDA, IN THE CASE OF STATE OF FLORIDA VS. LUIS PRIETO-PORTAR AND ELIO ROJAS, CIRCUIT COURT CASE NO. 92-1452, TO THE LAW FIRM OF BLACK & FURCI, P.A.; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: And counselor... Mr. City Attorney, I presume that as we vote on these matters, and subject to the standard in the case that you cited - the name escapes me - there is some discretion on the amount, and I do join my brother Plummer here in saying that, you know, people better document and better find reasonable attorneys, and Roy Black, of course, is supposed to be one of the best. Seventy-five thousand dollars, for the case as I know the facts of it, seems like an incredible amount of money and an all-around disaster for everybody. 164 January 14, 1993 0 Mayor Suarez: Item 21. Commissioner Alonso: Yeah, the problem is, Mr. Mayor is... Commissioner Plummer: Been agreed upon to... Mr. Cesar Odio (City Manager): I'd like to pull. Commissioner Plummer: ...be withdrawn. Mr. Odio: I'll withdraw it. Commissioner Alonso: ...that people try to get the best representation they can... Mayor Suarez: Yeah, that's... Commissioner Alonso: ...especially when it's their profession, their lives... Mayor Suarez: That's their lives in there. Commissioner Alonso: ...their livelihood... Commissioner Plummer: Fully understand... Mayor Suarez: Their reputations and the whole bit. Commissioner Plummer: ...and please, don't let any comment that I made here be inferred that it has any inference on Dr. Prieto at all. It's the idea that uncontrolled costs, that we have no control over yet, we're asked to pick up the tab is the point... Mayor Suarez: Yeah, I mean, suppose somebody does this and then comes up with... Commissioner Plummer: ...the point I was trying to make. Mayor Suarez: ...a bill that reflects $500 an hour, or something. I mean, we're just not going to go on and on and on. Commissioner Plummer: OK. Mayor Suarez: It's not going to be an unlimited blank check, by any means. ---------------------------------------------------------- NOTE FOR THE RECORD: At this point, agenda item 21 was withdrawn, and agenda item 22 was tabled to 4:00 p.m. ---------------------------------------------------------- 165 January 14, 1993 U - - ---- - -. - ------- -.. -----------------------........----....---.... -- -- 26. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO APPOINT AN INDIVIDUAL TO SERVE ON THE CUCONUT GROVE STANDING FESTIVAL COMMITTEE (See label 29). ----------------------------------------------------- ------------------------ - Mayor Suarez: Item 23 then. Coconut Grove Standing Festival Committee, who is being recommended? Commissioner Plummer: Oh, where's my list here? — Commissioner Alonso: Plummer, I think, has... a' Commissioner Plummer: I have one appointment on that, and it would be... Where is it? r �A Mr. Odio: Ratiner Transenfeld, is that what you... Commissioner Plummer: No, no. She wanted off. Mr. Odio: Oh. Commissioner Alonso: She resigned. Commissioner Plummer: Oh, damn it. Mr. Mayor, I'll have to find it. I have an appointment to make on there. _ [AT THIS POINT, THIS ITEM WAS TABLED.] s =' --------------------------------------- _ 27. APPOINT AN INDIVIDUAL AS ONE OF THE CITY'S REPRESENTATIVES TO THE METRO- DADE COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE (Appointed was: Gladys Margarita Diaz). ------------------------------------------------------------------------------ Mayor Suarez: OK. Item 24. The Biscayne Bay Shoreline Development Review - Committee. Do you have a recommendation, Mr. Manager? Joe? Is that how we - usually do it? - —s Mr. Joe McManus: Mr. Mayor, there's a very fine lady architect, Gladys Margarita Diaz, who works for Urbaniza. She's done work for Downtown - Development Authority. I believe the most recent one was on the Shipper's Row 9 project there. Mayor Suarez: This person would not be compensated in any way, but seeks to participate as an active citizen with a certain amount of knowledge of shoreline issues? Mr. McManus: Yes. 166 January 14, 1993 0 Mayor Suarez: I'll entertain a motion on her. Vice Mayor De Yurre: Moved. Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor De Yurre, who — moved its adoption: - _ RESOLUTION NO. 93-32 A RESOLUTION APPOINTING AN INDIVIDUAL AS ONE OF THE - CITY OF MIAMI'S REPRESENTATIVES TO THE METRO DADE COUNTY BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE; AND DIRECTING THE CITY MANAGER TO INSTRUCT — THE DIRECTOR OF THE BUILDING, PLANNING AND ZONING DEPARTMENT TO TRANSMIT A COPY OF THIS RESOLUTION TO - THE HEREIN NAMED AGENCIES. —_ (Here follows body of resolution, omitted here and on — file in the Office of the City Clerk.) ` Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: — AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre — Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Joe, I want to commend you for hawing a name for us on some of - these fairly esoteric boards. Commissioner Alonso: Because that particular one has been a nightmare. Mayor Suarez: Yeah. We sometimes don't get that kind of help from staff. - r �' 167 January 14, 1993 ;r 28. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE AFFIRMATIVE ACTION ADVISORY BOARD (Appointed was: Gloria Rosello; one appointment stilt pending). ------------------------------------------------------------------------------ Mayor Suarez: Item 25. Appointing certain individuals to serve as members of the City of Miami Affirmative Action Advisory Board. Mr. Cesar Odio (City Manager): Alicia Baro resigned, Mr. Mayor. That was your appointment. Commissioner Alonso: I will reappoint Gloria Rosello. Mr. Odio: And that was your appointment. Mayor Suarez: I'm sorry. We have a reappointment? Commissioner Alonso: Yes. Gloria Rosello. Mayor Suarez: Gloria Rosello and then Alicia was my appointee? Mr. Odio: Alicia Baro. Commissioner Alonso: Yes. Commissioner Plummer: But she resigned, you said. Commissioner Alonso: Yes. Mayor Suarez: I nominate Danny Couch. Mr. Odio: Danner Couch? Ms. Hattie Daniels: Yeah. No, Danny Couch is already a member of this board. Mayor Suarez: I'll nominate him to have two votes. Commissioner Plummer: Well, he serves... He votes twice. He votes twice. Mayor Suarez: OK. I'll hold on mine, I guess, until I come up with a name. We have a motion and we have... Do we have a second? Call the roll on that one appointment, please. Commissioner Plummer: That's the Affirmative Action? Mayor Suarez: Yes. Commissioner Plummer: OK. 168 January 14, 1993 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-33 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS OF OFFICE 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 29. (Continued Discussion) APPOINT INDIVIDUAL TO SERVE ON THE COCONUT GROVE STANDING FESTIVAL COMMITTEE (Appointed was: Joseph Bardinella) (See label 26). ------------------------------------------------------------------------------ Mayor Suarez: Item... Commissioner Plummer: Mr. Mayor, on 23, my appointment to the Coconut Grove Standing Festival is Mr. Joe Bardinella. Mayor Suarez: So moved. Seconded? Commissioner Alonso: Second. Commissioner Dawkins: Seconded. Mayor Suarez: Call the roll. 169 January 14, 1993 r� r 'J3 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-34 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE ON THE COCONUT GROVE STANDING FESTIVAL COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ASSENT: None. ------------------------------------------------------------------------------ _ 30. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO APPOINT AN INDIVIDUAL AS MEMBER OF THE HEALTH FACILITIES AUTHORITY. Mayor Suarez: Item 26, Health Facilities... Mr. Cesar Odio (City Manager): Commissioner Alonso. Commissioner Alonso: meeting. It's my appointment and I will make it next Commission Commissioner Plummer: On 26th, is what? Mayor Suarez: OK. Commissioner Alonso: Twenty-seventh. Mr. Odio: Commissioner Alonso. Commissioner Plummer: Oh, Health Facilities? Commissioner Alonso: It was my appointment. Mayor Suarez: Passing up on 26, until... Commissioner Dawkins: Twenty-six? 170 January 14, 1993 7 ,. Mayor Suarez: ...Commissioner Alonso makes her nomination. - [AT THIS POINT, THIS ITEM WAS DEFERRED.]------------------------------------------------------------------------------ 31. APPOINT / REAPPOINT INDIVIDUALS TO URBAN DEVELOPMENT REVIEW BOARD (Reappointed were: Willy Bermello, Jose Ferradaz Humberto Alonso; - appointed was: Oscar Gonzalez, Sr.) ------------------------------------------------------------------------------- Mayor Suarez: Item 27. — Commissioner Plummer: I reappoint Willie Bermello. Mayor Suarez: Urban Development Review Board. So nominated. Commissioner Alonso: Yes. Mayor Suarez: Do we have a second? Seconded. Call the roll. _ Commissioner Alonso: Yes. I will also reappoint Jose Ferradas. And I will appoint Oscar Gonzalez. _ Commissioner Dawkins: Are you going to reappoint your... Mayor Suarez: Yes. Thanks. I'll reappoint, or renominate, Humberto Alonso. Anyone else? Call the roll on those items. _ The following resolution was introduced by Commissioner Plummer, who moved its adoption: - — RESOLUTION NO. 93-35 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS TO CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD FOR TERMS OF OFFICE 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 Alonso, the resolution was passed and adopted by the following vote: _4 171 January 14, 1993 y F3 r AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins ' Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez j NOES: None. =� ABSENT: None. -----------•--------------•----------------------------------------------------- 32. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS REGULAR / ALTERNATE MEMBERS OF ZONING BOARD (Reappointed were: Arsenio Milian, Osvaldo Moran $ Gloria Basila). - ------------------------------------------------------------------------------ Mayor Suarez: The Zoning Board. _ Commissioner Plummer: I appoint... reappoint, with pleasure, Ms. Gloria Basila. Vice Mayor De Yurre: How many years has she been there now? About 10, 12... =' Commissioner Plummer: Not enough. Vice Mayor De Yurre: No, just wondering. e Commissioner Plummer: Better be quiet. You're talking about the Mayor's neighbor. Vice Mayor De Yurre: Because I was with her... -- Commissioner Plummer: And also, I will remind you, she's bigger than you are. Vice Mayor De Yurre: Takes up more room. Because I was with her when I was c on the Zoning Board, way back in... Commissioner Plummer: Yeah. She told me. - Vice Mayor De Yurre: Eight -four, or eighty-three, something like that. e Commissioner Plummer: She told me. Vice Mayor De Yurre: OK. I'll reappoint Osvaldo Moran. Mayor Suarez: I'll reappoint Arsenio Milian. ,- Vice Mayor De Yurre: Moved. Commissioner Plummer: Second. -q t ='r 172 January 14, 1993 Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-36 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE ZONING BOARD OF THE CITY OF MIAMI, FLORIDA, FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ---------------------------------------------------------------------- 33. DISCUSSION CONCERNING VICE MAYOR DE YURRE'S REQUEST TO HAVE TONING BOARD AND PLANNING ADVISORY BOARD MEMBERS' TERMS COINCIDE WITH APPOINTING COMMISSIONERS' TERMS. ------------------------------------------------------------------------------ Vice Mayor De Yurre: Now, are we going to this concept of two years, like we spoke about before, or what's the story with this? Commissioner Plummer: As 1 recall it, their terms would coincide with the Commissioner who appointed them, on two year terms. Are you talking about the Sports Authority? Vice Mayor De Yurre: In general. Commissioner Plummer: Oh, it's immaterial to me. Vice Mayor De Yurre: Because I thought we talked about... Commissioner Plummer: How do you want to do it? It's fine with me. However you want to do it. One year, two years, four years, 103? What's the policy? Vice Mayor De Yurre: I thought we had talked about saying that we would do it In such a way that eventually it would coincide with each Commissioner. 173 January 14, 1993 i. Ms. Matty Hirai (City Clerk): The City Attorney was supposed to come back... Vice Mayor De Yurre: Coming back... A. Quinn Jones III,F_sq. (City Attorney): You have a Code provision that specifies how it's going to be. So you'd have to change... I don't have the Zoning Code with me. Commissioner Dawkins: That was for the Sports Authority only. That had nothing to do with any other... Vice Mayor De Yurre: No, we talked in general. Mayor Suarez: I wouldn't necessarily bring that Into these. These are heavy, heavy responsibilities for people. Commissioner Alonso: Um-hmm. Vice Mayor De Yurre: No. The issue was to have them expire on the term of the Commissioner that appointed them. Commissioner Plummer: The issue was brought up by Commissioner Alonso, who stated very clearly that there were holdovers of who she replaced, and their appointments had not been replaced and that's basically... Mayor Suarez: I would strongly recommend that we not do that as to Planning and Zoning Boards... Commissioner Alonso: No, probably not. Mayor Suarez: ...which are quasi-judicial determinations and people are supposed to be there a period of time, regardless of who appointed them. It's not just policy. It's not advisory. Vice Mayor De Yurre: Well, is there a particular reason why it's three years as opposed to two, for example? Mayor Suarez: Oh, I... Vice Mayor De Yurre: That's what I'm... Mayor Suarez: No problem making it two, as opposed to three. Vice Mayor De Yurre: That's my... Basically, that's what we're looking at. Mayor Suarez: I guess continuity is the only reason, so they learn the issues that come before them. Commissioner Alonso: It takes time. Mr. Joe McManus: I think there were ten members and if there's a three year term, then there are three cycles where you have three members reappointed and then one cycle where you have four members. 174 January 14, 1993 ��=,•mom;--.^ � �` � $���f,���g.,. �a Mayor Suarez: They are... Mr. McManus: So, it's spread... Mayor Suarez: They are staggered terms, Joe? Mr. McManus: And they are all staggered terms. — Vice Mayor De Yurre: Doesn't say much but... Well, whatever. Mayor Suarez: All right. On these items, have we voted on all of them, Madam City Clerk? Commissioner Alonso: And we are not ready for that. Mayor Suarez: Do we need any... Commissioner Plummer: No, we're not finished. 34. APPOINT 0 REAPPOINT INDIVIDUALS TO SERVE AS REGULAR i ALTERNATE MEMBERS == OF THE PLANNING ADVISORY BOARD (Reappointed were: W. Tucker Gibbs b Mertis C. McCants; one appointment still pending). -- ------------------------------------------------------------------------------- Mayor Suarez: Oh, Planning. Commissioner Alonso: Twenty-nine. Commissioner Plummer: Let me ask a question. On planning. -a } Mayor Suarez: Did we call the roll? I'm sorry. Excuse me, Commissioner Plummer. Did we call the roll on 28? Ms. Matty Hirai (City Clerk): Yes, sir. We did. Commissioner Alonso: Yes. Twenty-nine. Mayor Suarez: OK. Twenty-nine then. I'm sorry. Commissioner Plummer: On Planning, I thought I had an appointment there. Mr. Cesar Odio (City Manager): Dawkins and Suarez... Commissioner Plummer: No, no. What's his name? Mayor Suarez: I think you said yes. Commissioner Plummer: That went to the State? Commissioner Alonso: Armesto. 175 January 14 1993 S { r Commissioner Plummer: Armesto. He can't hold both. Commissioner Alonso: He has to resign. Commissioner Plummer: He was resigning he told me. I mean, it... A. Quinn Jones III, Esq. (City Attorney',, ?ell me what... Planning Advisory? Mr. Odio: It's an advisory... Mr. Jones: It's an advisory board, so there's no problem. As long as he... the dual office holding provision would not relate to one of the positions he has, if it's only an advisory board. So, he's a member of PAB (Planning Advisory Board) and what's the other board? Commissioner Plummer: State legislature. Mr. Jones: No, there wouldn't be any... There wouldn't be any conflict of interest. That wouldn't violate the dual office holding provision. Commissioner Plummer: Well, OK. He told me he was going to resign. Mr. Jones: He wouldn't have to, now. If he served on... Mr. Joe McManus: We haven't received any letter. Mr. Jones: If he served on a board other than an advisory board... Commissioner Plummer: OK. Mr. Jones: ...that would pose a problem. Commissioner Alonso: Representative Barreiro had to resign. Mr. Jones: Who? �I Commissioner Alonso: Representative Bruno Barreiro. He resigned from the Health Facility Authority. Mr. Jones: Uh-uh. That's a different type of board. That's not an advisory -- board. Commissioner Alonso: So, in his case, he had to resign. In the Planning Advisory Board... Mr. Jones: No, that's a purely advisory board and it wouldn't violate the dual office holding provisions. Commissioner Alonso: It seems to me it should be the other way around, but anyway. ,,., Commissioner Plummer: I agree. �— 176 January 14, 1993 Commissioner Alonso: OK. a Commissioner Plummer: Well, then... All right. What I'm going to do... I was going to appoint Santiago to that board, but now that I can't, because there's not a resignation... I have an opening on the Nuisance Abatement Board, is that correct? No. I'd hoped to... All right. Just hold it over until the next meeting. I'll work 1t out. I'm almost certain I do. OK. Mayor Suarez: OK. On the item 29, I'm holding off on my renomination and we've got Commissioner Dawkins, right? Commissioner Dawkins: I reappoint Mertis... Ms. McCants. Commissioner Plummer: Second. Mayor Suarez: Oh, and I do renominate Tucker Gibbs. Mayor Suarez: Second the motion. Mayor Suarez: And Tucker Gibbs I do renominate, so... Vice Mayor De Yurre: Well, isn't Tucker Gibbs moving to Broward County? Commissioner Plummer: Second the motion. Mayor Suarez: Then I'll hold off on both of mine, until I figure that out. Vice Mayor De Yurre: You should. Because I think he was moving out of town. Mayor Suarez: Yeah. Commissioner Plummer: Come on. Let's go home. Mayor Suarez: Al right. Moved and seconded as to Commissioner Dawkins'... Is it Miss... Commissioner Dawkins: Mrs. McCants. Mayor Suarez: ...McCants. So moved and seconded, call the roll. Ms. Teresita Fernandez: May I say something? What about Miss Ofelia Tavares Fernandez? Mayor Suarez: She's my appointee... Ms. Fernandez: Oh. Mayor Suarez: ...and I want to think all of this over, until... Ms. Fernandez: You're going to hold on to that? Mayor Suarez: Yeah. I'm surprised. Usually when PAB board members' terms are ready to expire, they call and seek very incessantly and strenuously to be reappointed, but I didn't get that this time, or maybe we missed something along the way. Joe? 177 January 14, 1993 Mr. McManus: A point of information. intends to stay within Miami. It's my understanding that Mr. Gibbs Mayor Suarez: OK. And it sounds like a plea to try to keep him on, because you need to have a functioning board, is that... All right. On that assumption, I'll renominate him and if there's any problem with that, I'm sure he'll have to... He'll fail. He just won't qualify, right? Is that... He has to resign automatically, right? OK. So, as to Tucker Gibbs then, I'll renominate him. Commissioner Plummer: Second the motion. Mayor Suarez: Cali the roll then, as to those two. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-37 A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS REGULAR MEMBERS AND AN ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, EACH TO SERVE A TERM ENDING DECEMBER 31, 1995. (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 Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 178 January 14, 1993 ------------------------------------------------------------------------------ 35. APPOINT / REAPPOINT INDIVIDUAL TO SERVE. AS MEMBER OF MIAMI SPORTS AND EXHIBITION AUTHORITY (Reappointed was: Julius "Skip" Shepard). ------------------------------------------------------------------------------ Mayor Suarez: Item 30. Who is Julius Shepard? Commissioner Plummer: On 30 is only Victor's appointment. Mr. Cesar Odio (City Manager): Commissioner De Yurre. Mayor Suarez: Who's Julius Shepard? I never heard of anybody like that. Commissioner Dawkins: Me either. Commissioner Plummer: Who? Mr. Odio: Julius Shepard? Mayor Suarez: Julius Shepard. Commissioner Dawkins: Yeah, we know Skippy. I know a Skippy Shepard. Mr. Odio: Alias Skippy. Commissioner Plummer: Julius Shepard - Skippy. Mr. Odio: Julius, Skippy. -a Commissioner Plummer: J.J. 3 Commissioner Dawkins: Julius. Mayor Suarez: Julius? Commissioner Plummer: Dy-no-mite. Mayor Suarez: Very good. All right. As to Skip... Vice Mayor De Yurre: And my other appointment, that one's not up? Mr. Odio: Who? Vice Mayor De Yurre: My other appointment. Mr, Odio: You have one. Vice Mayor De Yurre: Just one? OK. I'll reappoint Skip. fe Commissioner Dawkins: Second. 179 January 14, 1993 '!0M 1 Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-38 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM OF OFFICE 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 36. APPOINT 1 REAPPOINT INDIVIDUAL TO SERVE AS MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN (Reappointed was: Manna Lighte). Mayor Suarez: All right. As to item 31, Commission on the Status of Worm, I'll entertain a motion to reappoint Ms. Light. Vice Mayor De Yurre: Moved. Commissioner Alonso: Move it. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Oh, that's on 31? Mayor Suarez: Yes, sir. Commissioner Alonso: Yes. Commissioner Plummer: OK. A. Quinn Jones III, Esq. (City Attorney): I think you're right. 180 January 1.4, 1993 E r] The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-39 A RESOLUTION REAPPOINTING A CERTAIN INDIVIDUAL FOR A SECOND AND FINAL THREE (3) YEAR TERM TO SERVE AS A MEMBER ON THE COMMISSION ON THE STATUS OF WOMEN OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 37. DISCUSS AND DEFER FURTHER DISCUSSION RELATING TO VEHICULAR PURSUIT AND LATERAL VASCULAR RESTRAINT PROCEDURES PRESENTLY IN USE BY POLICE DEPT. Mayor Suarez: Commissioner Plumner's request, relating to vehicular pursuit and lateral vascular restraint. Commissioner Plummer: Well, excuse me, my part of that was the vehicular pursuit, predicated on a memo sent out by Commissioner Dawkins. Mr. Mayor, I am concerned about the vehicular pursuit, and I sure hope the Police Department will be coming out here to try and defend the position of not instigating a policy that has already been established. I call to all of your attention, Mr. Mayor, in particular yours, about the program that was previously on Channel 7. I'm sure that most all of you read, with interest, these very revealing stories in the Miami Herald about the fact of police pursuits. I personally feel that the policy which has been instigated by the Florida Highway Patrol, and adopted by Metropolitan Dade County, is a very fine policy. Basically what it says 1s this, that in the cases there will no longer be pursuits relating to traffic. That's it. Forget it. You're not going to injure or kill people, and I think it has to be remembered that in the United States last year, that more than one innocent person per day, who never knew what hit them, was killed as the result of a pursuit. Plus, we lost, I think, thirty some police officers in pursuits. I think that policy is very good there. The other part of the policy, which I think is an 181 January 14, 1993 "'S extremely good policy, if that a pursuit is allowed when a known infraction has incurred, relating to a serious crime. The point that I feel that is very good, this policy adopted by them restricts it to two vehicles of pursuit - two. Where you have acknowledged by the dispatcher, those are the only two cars that can be pursuing the vehicle in question. Now, I was as... My colleague who sent out the memo was concerned that our department said that that policy was too restrictive, and yet, wanted to try to equate the City of Miami with other municipalities, which I don't think any of them come up to the same as we do, as far as the number of people, the problems incurred in this community. And the bottom line, in my estimation, is very simple. You merely have to walk through the motor pool to know that it begs out for a better policy than what we presently have... is not working. I have asked that we be informed... I was hoping to get before today the total involvement of what it costs this City for not having this policy. We know that there is near $1,000,000 worth of vehicles in the motor pool that are not being used. But I have asked, and not received, and I don't know if the people are here to answer the questions, is the amount of injury insurance that has been paid out, nor the amount of money that has been paid out in lawsuits and legal fees, in the absence of a very strong policy. Nationwide, they are all adopting very strong and restrictive pursuit policies. Why must we reinvent the wheel? FHP (Florida Highway Patrol) are very fine people. They established that policy. Metropolitan, who... Dade County, who I feel is the only one you can really compare the City of Miami to, adopted the policy of the Florida Highway Patrol. Yet, we're being told no. Vice Mayor De Yurre: Let me ask you something, J.L., so I can understand this. Commissioner Plummer: And I have... I'm sorry that I didn't... I thought all of you had all of these articles out of the Herald. I did notify each one of your offices about the pursuit policy that was on Channel 7... Mayor Suarez: Yes. Commissioner Plummer: ...and asked you to please watch it. And if that doesn't do it... Vice Mayor De Yurre: Are you saying that... Let me reiterate what I think you said. Commissioner Plummer: Sure. Vice Mayor De Yurre: That only two pursuit vehicles can be involved in a chase and they have to be dispatched? Commissioner Plummer: No, sir. They would be recognized and acknowledged by the dispatcher. The problem that you're having... For example, the other morning on I-95 a man was being pursued by a police car, who indicated on the radio that he had been run off the road by this car. At the time when this man was apprehended, there were 11 police cars on the scene. Now, that would stop. That would stop. You would have two cars in pursuit, and they would pursue the offender. In this particular case, I don't know how it would be determined whether or not that that was solely a traffic offense, or whether it was an attempt to bring about bodily harm to the police officer. But whatever it was, there would not be nine to it police cars in pursuit. 182 January 14, 1993 Vice Mayor De Yurre: That's when it's a non -serious offense that we're talking about? Commissioner Plummer: I'm... Victor, I'm not even speaking to whether that was serious or not serious. Vice Mayor De Yurre: No, I'm talking about now, what is being proposed here. Commissioner Plummer: Oh, what is proposed here by FHP and Metropolitan Dade County is there will be no pursuits for traffic only. That the pursuits would only be in the area of known serious crime committed. Vice Mayor De Yurre: So, anybody can run a red light and not expect to be chased. Commissioner Plummer: That is correct, sir, under this policy that says that a life is not worth losing for a traffic light violation. Now, that's... Vice Mayor De Yurre: And... Commissioner Plummer: That's their policy. OK? Commissioner Dawkins: Mr. Mayor... I don't know, for a number of years I've sat here and tried to get the City of Miami Police Department to stop chasing people who spit on the sidewalk, for the lack of a better word, and we constantly haven't had anybody to hear us. Now they say that two other law enforcement agencies that operate within Dade County have said that they too feel that the pursuit policy is dangerous, and that we do not need to kill innocent people if we can help it, which nobody has done intentionally. But somewhere along the lines, you're going to have to stop just getting in a car, because you're a policeman putting a light on going down the streets. I mean, hey, we've got to stop that. And I'm the one who put on the air about the choke hold. Ever since the incident happened... Mayor Suarez: Did we put - what? A moratorium on it? Commissioner Dawkins: We thought we did, but every time I asked, nobody, Mr. Mayor, can tell me from the Department that yes, we have put out a directive; yes, we have a memorandum to the police; yes, we say that if you use this, you will be fired. Nobody... I haven't... Nobody's given me that. Now, if that memo has been given to the troops, please provide me with it, so... with all the memorandums that you have put out saying that the City of Miami no longer allows the use of this restraint. Yes, Mr. Manager. Mr. Cesar Odio (City Manager) : Commissioner, I just had a call that PULSE would like to be here when you discuss the choke hold. Commissioner Dawkins: PULSE can request from my office... Mr. Odio: Yeah. Commissioner Dawkins: ...any member of this... or your office, to get on the agenda. 183 January 14, 1993 3rkp Mr. Odic: OK. Commissioner Dawkins: Mr. Odic: No... a I put this on the agenda... Commissioner Dawkins: ...because I need clarification. Mr. Odic: No, I know. But they... OK. Commissioner Dawkins: OK? All right? You see, now, when you clear it for me, I can understand that you're going to have to clear 1t for the public... Mr. Odic: Where's that memo? Commissioner Dawkins: ...but the only way, Mr. Manager, I get answers... Commissioner Plummer: Here. Commissioner Dawkins: ...to my questions is to put it on the agenda. Commissioner Plummer: Well, it wound up on the agenda as Plummer... Mr. Odic: Let me... Commissioner Plummer: ...as Commissioner Plummer's request... Commissioner Dawkins: But it's mine. Mr. Odic: But it was his. Mayor Suarez: ...a piggyback. Commissioner Plummer: OK. Mr. Odic: And I want to read what the policy statement was made by the Police Department and they should give you a copy. Commissioner Dawkins: What date? What's the date on it? Mr. Odic: I just got this memo today. It says, "It is the policy... Commissioner Dawkins: What is the date on the memo, Mr. Manager? Commissioner Plummer: What... Excuse me. What date? Mr. Odic: January the 12th. Commissioner Plummer: Oh, OK. That's then... Commissioner Dawkins: So that's the policy today. Commissioner Plummer: Yeah, that's a new... That's another one. 184 January 14, 1993 Mr. Odio: Well, it was issued before. I'd like to read it. "It is the policy of the Miami Police Department to ban the general abuse of the lateral vascular neck restraint in apprehending or controlling offenders. It is to be used as a deadly force technique only." Commissioner Dawkins: Why... What does that mean, Mr. Manager? Mr. Odio: That means if they want to kill somebody, they can use it. That's what it means. Mr. Al Cotera: Basically what it comes down to. M, Commissioner Dawkins: So it means that if you... It, he's using deadly force and he should be fired. Mayor Suarez: Unless he's in... Mr. Odio: Well, not if it's life... Commissioner Dawkins: No, no. I if I see a policeman using Mayor Suarez: Unless he has to. Unless he's... using deadly force. Mr. Odio: If it was life... If his life was threatened, it's the same as using a gun. Mayor Suarez: like if the guy's got a gun. Commissioner Dawkins: Wait a minute. Wait a minute. I mean, you lost me. OK? Mr. Odio: Well, you can use a gun to shoot someone... Commissioner Dawkins: Yes. Mr. Odio: ...if they're going to shoot at you. Commissioner Dawkins: Yes. Mr. 0dio: So, if a police officer, in the performing of his duties, somebody is trying to kill him with a knife, he will kill him with... by the neck, I'm sure. Mayor Suarez: Oh, he'll try not to, but he'll use that restraint. Mr. Odio: Or he'll try not... Assistant Chief Raul Martinez: Yeah. Mr. Odio: ...but he's going to use that as a deadly force technique. Because his life is threatened. Mr. Cotera: I'm all for it. 185 January 14, 1993 Commissioner Dawkins: And there are no other methods of self defense that a law enforcement officer can be taught to protect himself from bodily harm but the choke hold? Assistant Chief Martinez: No, Mr. Dawkins, we are still looking.,. Commissioner Dawkins: No, wait. Answer my... No, first answer my question. Yes or no? Assistant Chief Martinez: Are there other methods? Commissioner Dawkins: Yes. Of martial arts, I don't care what you call it, == but self defense, where my police officers in the City of Miami could be taught to protect themselves against a death threatening situation, other than the choke hold. A. Quinn Jones III, Esq. (City Attorney): Commissioner, before... Assistant Chief Martinez: I'm... Commissioner Dawkins: OK. Go right ahead, sir. Mr. Jones: Excuse me, Commissioner, before... I just want to caution you, you know that we have a pending lawsuit now involving this hold... Commissioner Dawkins: Oh, no. Well, I... All right. I'll... No further discussion on this. After the... I'll come back to it at a later date. Thank you. Mayor Suarez: All right. Thank you. Commissioner Plummer: Mr. Mayor,.. Commissioner Dawkins: Thank you, Mr. City Attorney. Mayor Suarez: Thank you, Commissioner. Commissioner Plummer: Mr. Mayor, at this time, I would offer that we adopt... Commissioner Dawkins: We'll get to it later, Chief. Commissioner Plummer: ...the policy of this Commission that has been adopted by the Florida Highway Control and Metropolitan Dade County, in relation to the pursuit policy. I so move. Commissioner Dawkins: Second. Mayor Suarez: So moved. Seconded. You have not... Mr. Cotera: Discussion. Assistant Chief Don March: Can we... 186 January la, 1993 Ms545r 15 - , Mayor Suarez: Yeah, obviously. We have not correctly stated on portion of _ it, I don't think. If I heard you correctly, you were saying that there is no f pursuit at all of minor traffic infractions. That's not the case. There's - pursuit, ,just not... Commissioner Plummer: No pursuit, sir. Mayor Suarez: ...you know, unlimited, ten cars... Commissioner Plummer: No, sir. — Mr. Cotera: No. - Assistant Chief March: No, that's... Commissioner Plummer: There is no pursuit for the... —= Mayor Suarez: Why wouldn't you radio ahead to the next area... Commissioner Plummer: Oh, you can... Mayor Suarez: ...of town and say there's some nut going, you know... - -"`` Commissioner Plummer: No, sir. You can... Mayor Suarez: ...a hundred miles an hour, and you ought to try to stop him. — J.; Commissioner Plummer: You can radio ahead. You can radio ahead, sir, but you're not going to chase him at 100 miles an hour for running a traffic light. — -4.1Mayor Suarez: That's different. But you might have another patrolman pick up him at the next... i, Commissioner Plumper: Pursuit by radio is fine. — Mayor Suarez: ...district. -1W Commissioner Plummer: Pursuit by radio is fine. It doesn't work, but if you sot want to do it, that's fine. OK? What it says is that you will not endanger a person's life for a traffic violation, and nobody can deny that there were 471 people killed, in the United States last year... ' Mayor Suarez: I understand, because that's sort of a total pursuit, you know, at all costs stop this person, as many cars as are available... That was some - [ of the stuff you sent me, you know. { _-_ Commissioner Plummer: Yes, sir. Mayor Suarez: Eight and ten cars going 80, 90, 100 miles an hour, I mean, no 3 Ilimitations. But I thought this sought to limit that, constrain it, and make - ' it more safe for everybody all around, but not to simply sa Y y p y y good-bye, the - best we're going to do is to radio to the next jurisdiction and say... 187 January 14, 1993 Commissioner Plummer: On traffic... Mayor Suarez: ...you've got some nut coming to your jurisdiction. Commissioner Plummer: On traffic, yes. Mayor Suarez: On traffic? Commissioner Plummer: That's what 1t says. Mayor Suarez: I didn't think so, but... Commissioner Plummer: OK? Assistant Chief March: Wait, wait. If I... Commissioner Plummer: On a violation other than traffic, of a known offense occurred, yes, they can pursue, but no more than two police cars. Assistant Chief March: Mr. Mayor, if I could address this... Commissioner Plummer: I sent... Didn't I send each one of you a copy? Mayor Suarez: Yeah. I... Commissioner Plummer: I did. Mayor Suarez: Maybe I misunderstood something... Commissioner Plummer: Yeah. Mayor Suarez: ...or maybe they can clarify. Chief? t Assistant Chief March: I want to correct the impression that we're resisting change to the pursuit policy. That's not true. The Dade Chiefs, an 4 organization of all the police chiefs, the policy committee convened in November and worked on a recommended pursuit policy for adoption by all agencies. We do that in serious policies because of the fact that we're adjacent, we want to have similar practices from jurisdiction to jurisdiction. In December, a... Commissioner Plummer: Metro Dade County and FHP are not a member? Assistant Chief March: Yes, sir. I'd like to... It's just going to take me a second here. Commissioner Plummer: Sure. Assistant Chief March: ...but they were invited to participate. Metro Dade participated at the first meeting, but the personnel involved in that committee that represented the County are also involved in some other things, and they didn't participate in some of the meetings in early December. A policy was recommended to Dade Chiefs in December, mailed to all of the chiefs, and came before the executive board there as a draft, to come back and 188 January 14, 1993 M be voted on next week, in January.., the week of January 20th, I believe, is the date of the meeting. We continue to have meetings in the policy committee, after distribution to other agencies, in the event that any one agency had a problem with the language. Independent of that effort, last week - And I believe the policy came out of staff on January 5th and I think we signed it the 7th. - Director Taylor issued a formal policy. They had earlier issued a memo, until such time as they drafted a formal policy. FHP did come up with a directive. Other departments, in anticipation of this Countywide policy, came up with interim directives and they're all different, — waiting for something that we could all adopt together. Our agency, which has —_ a pursuit policy, which restricts the number of cars, and has for years, to -_ two... And, incidentally, in the Pinellas Park decision, two of the agencies had written policies that were very restrictive. One of the problems in that case was the fact that the officers apparently in the way they conducted themselves set aside the written policies. The third agency involved had a prohibitive policy that was an oral policy. That was a 25 mile chase. There were multiple vehicles involved, none of which is OK with our current policy, and something that is definitely not OK with the policy that is recommended. What we are doing in the Dade Chiefs, in addition to coming forth with this policy that is scheduled to be voted on January 20th and which we have - supported, is we are also looking for legislation that punishes people who would flee. We're working through the Florida Police Chiefs Association on that and just this week we passed a resolution incurring... encouraging the legislature to enact legislation that is punitive for those who would flee from police officers. We're looking at alternatives to pursuit. My most recent discussion with Director Taylor was in Orlando, this week, in which he's looking at putting helicopters in the sky, so that we can come as close as we can to have... Mayor Suarez: Mr. Assistant Chief March, Mr. City Attorney, Mr. City Manager, am I missing something here? Do we not have before us... I could have sworn I heard a motion that would change our policy. Do we not have the authority to do that - this Commission? Commissioner Plummer: Well, my question was going to be - You asked me to wait. - does the Dade County Police Chief set our policy or do we? Mayor Suarez: Yeah. I mean, Chief, we've got to.. Commissioner Plummer: Because if they do, then I want them to pay our bill. Mayor Suarez: We've got to address the motion that seems to be, I don't want to say railroading through here, but it has got a motion and a second right now and I think it's about... Assistant Chief March: Well, you're going to enact FHP's policy and I will suggest to you that there is one that I've seen more recently that is more comprehensive and that is... Commissioner Plummer: Well, then in the future, Don, if you want to, even though you'll be gone... if you want to enhance it by adopting another policy after this one that's more restrictive, that you can come before this Commission and justify, I think that's great. But let's put it the way that we do things around here once in a while is, no less than this policy of FHP. 189 January 14, 1993 y Mayor Suarez: And let's get everybody's attention. I... Mr. Manager, we really need you in this, sir. Mr. Manager? Mr. Odio, sir. Something's rotten here. We've got a motion, that I think is a radical change in our policy, I think, Mr. City Attorney, that we have a right to do. Mr. Jones: And you should do, because of... Mayor Suarez: Oh, and you're recommending it. Mr. Jones: Yeah. I'm telling you... Not necessarily as... I'm recommending a change because the Florida Supreme Court has... the law has changed significantly, and now that these officers can be held personally liable, sovereign immunity doesn't... Commissioner Plummer: That's right. Assistant Chief March: And we are supporting a change. Mayor Suarez: All right. But, wait... Mr. Jones: It does not shield them anymore. So there has to be... Mayor Suarez: Wait. We're going to do this discussion, folks - which I think is a very important item - correctly. We've got the police union head, who apparently wants to give us his views, and I presume he feels strongly. Do you, Al, about this? Mr. Cotera: Yes, I do. Mayor Suarez: Yes, I thought so. We've got Management.,. -It has got Risk Management issues to consider. We've got all of us up here, who have to answer to our constituents as to law enforcement issues. We've got the Police Department and the chiefs. I'm really... To tell you the truth, Chief March, I'm a heck of a lot more interested, myself, as to what you think, and what Chief Ross thinks, than I am about the association, although that's indicative, too, and helpful. We've got to make a decision. I think this is a very important issue and let's cut through the history and get to what we're talking about. What exactly is the difference between what the chiefs are recommending, and I presume you're adopting, on behalf of Chief Ross. Assistant Chief March: We're... Mayor Suarez: You are speaking on behalf of Chief Ross, are you not? Assistant Chief March: Yes, sir. We're encouraging the change. Mayor Suarez: Because we're not that interested in the Association of Chiefs. We're interested in our chief and what he thinks. Assistant Chief March: In know, but we're helping that association come forth with that policy. 190 January 14, 1993 0 Mayor Suarez: Please don't tell me any more about the association. I personally don't care about the association. I care about Chief Ross. Miami 1s a city with peculiar conditions... Commissioner Plummer: That's... Mayor Suarez: ...with a peculiar history... Commissioner Plummer: ... exactly what I've been trying to say. a Mayor Suarez: ...of accidents. I personally, recently sent a memo to the Chief and the Manager complementing a particular situation where a chase took place, and I happened to listen to it on the radio, and 1 thought it was well — - done. Now, maybe I happened to pick a good one, you know. And maybe, as Commissioner Plummer is indicating, the norm is much more destructive of the s peace and serenity of our community, and people's lives and automobiles, than that particular one I heard that day. In which case, I would like to be edified on that. Please let's all carry this on in as logical and as incisive a way as possible. What do you find objectionable to the motion that is before us and how would you amend it, in case some of us are inclined to amend it? 6r how would you change 1t if you could, Chief? Assistant Chief Ross: The... I would want not to be directed to adopt a policy that's written for another agency, for FHP. The one that Metro Dade just came out with last week, which is over and above the memo they came out with about a month ago... Mayor Suarez: In other words, they superseded their prior memo with a whole new policy? Assistant Chief March: Yes, sir. They just came out with it. Mayor Suarez: What does that one say? Because the County is obviously relevant to us. Assistant Chief March: It's the same... same kind of restrictions, but it has a more comprehensive set of definitions as to what officers can and cannot do. Mayor Suarez: Are they easily intelligible? I mean, because that's another issue here. We don't want the officer to get so confused now as to what the policy is that pretty soon they're going to try and figure out who to chase and who not to chase. Assistant Chief March: Right. Along with our recommendations is that significant training effort has to be made. The County policy, if I have one criticism of it, it's thick... Mayor Suarez: And you could tell us, very quickly, how it differs from the motion that is before us. Assistant Chief March: It details more specifically definitions of things like pursuit, and it makes it clearer as to what every word means in the policy. From reading it, and I just got it, I don't know that it is any less 191 January 14, 1993 restrictive than FHP's policy, but it's just organized much differently. And I think it may be better. Mayor Suarez: That may be a little bit too subtle for us here. We're trying to set general policy. We need to know what kinds of chases will take place, by whom, and by how many automobiles, and under what circumstances, and with what kind of information about the criminal violation that has taken place before the chase and might take place after the chase. Assistant Chief March: Right. Our intent is to support a policy, and enact a policy, that continues to limit pursuits to two vehicles, as we always have, and to... Mayor Suarez: OK. We have the two vehicles? The one I heard on radio, it was a bunch of vehicles involved. Assistant Chief March: Well... Commissioner Plummer: Are you saying our present policy is that anything beyond two vehicles is a violation of departmental policy? Assistant Chief March: We have primary... Mr. Cotera: Yes, it is. Assistant Chief March: ...secondary and backup units. Commissioner Plummer: Well... OK. Assistant Chief March: A backup unit is not actually involved in pursuit. Commissioner Plummer: And... Assistant Chief March: And we have primary and secondary who are. Commissioner Plummer: And you're telling me that to the best of your knowledge within the past 12 months, there has been no discipline given to officers who violated that policy? Mr. Cotera: None whatsoever. Assistant Chief March: OK. I don't know the answer to that question, but I cannot recall any instances of violations of that policy.., Mr. Cotera: No. Assistant Chief March: ...any discipline. I don't know of any. I can ask... Mr. Cotera: Commissioner Plummer, Assistant Chief March: I don't know of any discipline. Now... Mr. Cotera: He doesn't recognize my... 192 January 14, 1993 Assistant Chief March: But remember what I said earlier, if you would, that in the Pinellas Park case they had multiple violations that occurred. Commissioner Plummer: For the record, if I may... Assistant Chief March: That's a four to three opinion. Commissioner Plummer: For the... Assistant Chief March; We're not resisting the change, but that's a four to three opinion. The dissenting opinions... In the dissenting opinions the judge has expressed as a concern, for what we expect of police officers when dealing with criminals. But we do intend to restrict, at present, our officers to pursuing violent offenders. Commissioner Plummer: No question about that. Assistant Chief March: And that... Commissioner Plummer: I don't think anybody has in any way tried to say anything to the contrary. For the record, according to the Miami Herald, a December 20th chase killed two motorists, who were hit broadside by two burglary suspects fleeing from Fort Lauderdale police. Jackson... Mayor Suarez: Those are burglary suspects? Commissioner Plummer: Yeah. They were fleeing from... Assistant Chief March: They would not be pursued... �= Commissioner Plummer: OK. -24 Assistant Chief March: ...under the FHP... zz Commissioner Plummer: OK. Under the FHP they would be pursued. That is correct. Assistant Chief March: No, they would... Mr. Cotera: No, they would not. Assistant Chief March: No, they would not be. Commissioner Plummer: If it were known that they were burglars. Mr. Cotera: They would not. Assistant Chief March: No. Mr. Cotera: No, they would not. law Assistant Chief March: No, sir. They would not be. 4Mr. Cotera: That's a property crime. 193 January 14, 1993 hE - gK Assistant Chief March: That's a property crime. W Mr. Cotera: It's a property crime. Assistant Chief March: It's not a violent offense. They would not be pursued. Commissioner Plummer: All right. Then I stand corrected. Jacksonville Beach police chief... Mayor Suarez: And, by the way, J.L., they just told me that one of the things that we're trying to formulate is on pure, mere traffic offenses - somebody speeding - that we would just... that the approach would be... Mr. Cotera: You say good-bye. Mayor Suarez: ...to get the license plate information... Commissioner Plummer: It's already being done, sir. Mayor Suarez: Right. Commissioner Plummer: OK. Let me... Mayor Suarez: And cite the car owner, and... Commissioner Plummer: May... Mayor Suarez: ...approach it that way, rather than chase whoever that individual is driving that particular car... Commissioner Plummer: May I read on, sir? Mayor Suarez: ...and get killed in the process sometimes. Yes. Commissioner Plummer: May I read on? Assistant Chief March: ...legislation... Commissioner Plummer: Jacksonville Beach Police Chief Bruce Thompson recently surveyed 100 Florida police agencies. Of the 47 who responded, 14 had recently revised their policy. Of those, 10 have almost the same policy as FHP. I rest my case. All you have to do is to walk through the motor pool and look at 104 police cars and I think it begs out for a policy change. Assistant Chief March: Might I... Mr. Cotera: Mr. Mayor... Assistant Chief March: Might I suggest that the... Mr. Cotera: ...am I going to be recognized, or do I sit down? 194 January 14, 1993 Mr. Cotera: Commissioner Plummer, I understand the position that the Commission wants, believe me, and I'm not in dispute with it. When the Pinellas County case first arose, I had our attorneys research it, report to our executive board. I personally went to roll calls and advised our officers, at that time, that until a policy was changed, my recommendation to them, as the union president, was not to get involved in any type of chase whatsoever. Unless a violent crime was involved - a robbery, a sexual battery, a known murder offender, something involving guns - that the probability of endangering the public was great. That was our recommendation at that time. I am against the idea of limiting cars to two, for the simple reason that if you... Number one, it's impossible, because policemen, by nature, are going to go to help other policemen. Impossible to do and I'm sure the Administration knows that, and everybody knows that. That's reality. But here you have a situation where you're going to limit police officers to chasing only violent criminals, say two bank robbers. OK? Now, you're limiting the number of policemen that can get involved in a chase with, supposedly, two other people. So, the odds there are two to two. I don't want that. I want as many policemen there, to make sure that nobody gets hurt except the bad guy. We have the perfect example of the FBI (Federal Bureau of Investigations) trying to stop two armed robbers and they ended up shooting the hell out of six or seven policemen. So, I'm against the idea of limiting it to two, because as you, yourself, have just said, chasing people on radios does not work. I want as many guys behind me as possible. And that's going to happen. I don't care what kind of policy you put into writing. It's not going to be enforceable. What you put in writing and what is considered an official policy will differ, is what I'm trying to say. What I have suggested is that if this is what the public wants, and the courts, whether it be four to three, or seven to zero, the courts are saying, "We will make policemen liable personally, if you get involved into something like this and cause injury to anyone." Again, remember, if you limit it not to the number of police people involved, but to the types of crimes that you want the offender caught, until the pendulum swings back. When we are asked not to chase burglars, not to chase stolen cars... You know, I mean... I pull you over, you know you're in a stolen car, you're going to hit the road. You're not going to pull over and say, "Arrest me." I still recommend policemen not to chase those people, because Janet Reno's office doesn't prosecute them anyway. They're out the door before you get done with your paperwork. Why involve yourself in a chase where you may hurt yourself, where you may end up killing some innocent bystander, when nothing's going to happen to the bad guy? So, our recommendation is limit it not to the number of people that get involved in the chase, but to the type of crime that you want stopped the most. And that is not property crimes. That's what insurance was invented for. Mayor Suarez: All right. Assuming we agree on that, what about the situation where the... And maybe you have some other hypothesis here for us, because I have a feeling we're missing a few. What about the situation where the individual is driving so recklessly... Mr. Mario Soldevilla: Let me answer that. 195 January 14, 1993 Mayor Suarez: ...that that individual 1s himself, or herself, a hazard to — everybody and should be pursued or stopped or something. Asst. Chief March: This... What you're saying now... Mr. Cotera: It won't happen. _ Asst. Chief March: ...is one of the criticisms of the court decision, that was in one of... I believe it was Justice Overton's dissenting opinion. The extent to which officers will now be restricted and actually cannot take any action. I want to just read to you the policy change that we're supporting: "Criteria for initiation. Officers may engage in pursuits when they have a reasonable belief that the fleeing suspect has committed, or attempted to commit, a violent felony. All other pursuits are prohibited." Now, we are supporting that change. _ Commissioner Plummer: Mr. Mayor, I have heard with interest the defense of the Police Department. I don't have to sit up here and say any more than go look at the motor pool. If other agencies, who are very reputable agencies, are putting 1n such a policy, why do we have to reinvent the wheel? Something... Excuse me. Let me, if I may. Mr. Manager... Mayor Suarez: Well, it's different for the Florida Highway Patrol... Commissioner Plummer: Risk Management here? Mayor Suarez: ...than it is for the City of Miami just by the nature of the layout of the kinds of areas that they cover and the kinds of crimes they deal with on a... Commissioner Plummer: No, sir. They deal with all kinds of crimes. Mr. Cotera: Sir, I take offense to that. Commissioner Plummer: To what? Mr. Cotera: When was the last time an FHP (Florida Highway Patrol) arrested a burglar? Come on. Commissioner Plummer: They do it all... Mr. Cotera: They don't... That are they burglarizing? Commissioner Plummer: Al... Mr. Cotera: The expressway? Commissioner Plummer: Al, in other suburbs... Mayor Suarez: The tollbooth. Commissioner Plummer: ...suburb areas, they do make burglary arrests. 196 January 14, 1993 Mr. Cesar Odio (City Manager): May I suggest that by the next Commission meeting... — Mr. Cotera: Maybe in Pohokie. Mr. Woo. ...you will have witti plenty of time the draft policy... Commissioner Plummer: I would like to get... Can I get my answer? Mr. Odio: ...and then you can approve it, than have it done here in piecemeal... Commissioner Plummer: I asked five days in advance, Mr. Manager. I would ask on the record right now of Risk Management, the Insurance Division, the Legal Department to give me the answers that I ask for. Mr. Odio: You asked them that... Commissioner Plummer: How much, in the past 12 months... Mr. Odio: You have it? Commissioner Plummer: ...has it cost this City for a non -strong pursuit policy. Now, I know that we've lost millions in lawsuits. OK? We have lost countless thousands of man hours in employees, and benefits, and insurance claims. And, you know, these things have got to be known. Mr. Odio: When did we find out about this pursuit policy? Did something just -= happen or has this been happening forever? Commissioner Plummer: Sir, it... At the time that the FHP put out this policy, I requested from them and got a copy, within three days afterwards... Mr. Odic: I mean, why did the FHP just do it now and didn't do it 20 years ago? Commissioner Plummer: Because they finally recognized the need for it, sir. Mr. Odio: Because times change and things change. Commissioner Plummer: That's right. But we don't recognize it. We want the Dade County Police Chief to set our policy, rather than us. Mr. Odio: But the FHP does not do the same work that we do. Commissioner Dawkins: Well, why 1s it... Why is it, Mr. Manager, I've been begging for this to be addressed, long before FHP and everybody else addressed it, and nobody addressed it? Mr. Odio: But it has been addressed, Commissioner. It's now finalized, and if you allowed us to do that, you will have a draft in your hands next week - and you can approve it in the next Commission meeting. If you want to change it, then fine. But have something in front of you... 197 January 14, 1993 Commissioner Dawkins: No. Well, why can't you take my policy that we just... — that we got on the board now... Mr. Odio: Which is... Commissioner Dawkins: ...and put it into effect and then you adjust to that. Why must I adjust to what you want? Mr. Odio: Because you don't have the expertise in Police work that they have. Commissioner Dawkins: But I was elected to help the Police police. Mr. Odio: But you... We're depending... - Commissioner Dawkins: I was elected to help the Police police. Mr. Odio: Sure. But they are experts in the field... Commissioner Dawkins: OK. All right. OK. Mr. Odio: ...and but you... OK. Mr. Mario Soldevilla: I don't want any... Commissioner Dawkins: I don't know... We don't... I don't know if we've got_ the votes or not, but let's see what we got so that we can go to something else. _ Commissioner Plummer: Well, you know... Excuse me. I have no waiting for two weeks. OK? But I will tell you... problem Commissioner Dawkins: Well, I do. But I'll be voting no, so that's... I mean... You change in the middle of the stream. I don't have any problem with that. Commissioner Plummer: No, I'm not going to change in the middle of the stream... Commissioner Dawkins: You just did, J.L. You just did. Commissioner Plummer: ...because I want to tell you in two weeks I'm going to vote that there has got to be a very restrictive policy. Commissioner Dawkins: OK. All right. Commissioner Plummer: I think it begs... Commissioner Dawkins: Whatever... OK, whatever. Let's call the roll, Mr. Manager, so we can get... Because it will be 9:00 o'clock. Mayor Suarez: Well, he may be in the posture now of then... Commissioner Plummer: Well, I don't want to leave my colleague in the... 198 January 14, 1993 Mayor Suarez: ...withdrawing the motion and taking then extra two weeks. And we're all going to have to be very well schooled in this issue, it sounds like, because it's a tricky one. _ Commissioner Plummer: Well, but you see, I can't answer... To be honest with you, I asked for answers and I'm still waiting for them. I'm waiting to hear what is reality. Mr. Soldevilla: In the last 12 months, we had one... Mr. Odio: Say it on the record. Mr. Soldevilla: I'm sorry. In the last 12 months, we've had one payout. Commissioner Plummer- And how much was that? Mr. Soldevilla: Two hundred thousand. Commissioner Plummer: Two hundred thousand. You have had no other payouts in - lawsuits, or insurance claims, or any of that? Mr. Soldevilla: We've had... Payouts in the last 12 months? No, we have not. That's the only one that we have had. Commissioner Plummer: Payouts relating to how? Mr. Soldevilla: From a chase. Commissioner Plummer: From a chase? Mr. Soldevilla: Correct. Commissioner Plummer: OK. And we've had no lawsuits, to your knowledge? Mr. Soldevilla: No. None that we're aware of. Commissioner Plummer: OK. And injuries? Mr. Soldevilla: There were three injuries... Commissioner Plummer: All total now. I'm talking about civilians as well as police that were... How many do you know... do you... Of the Police accidents that were involved in pursuits, how many of them cost the City money? Mr. Soldevilla: Now many of them cost the City money? Commissioner Plummer: Yeah. Mr. Soldevilla: I can't give you an answer on that. Worker's comp... You know... Commissioner Plummmer: Don't say that on the record. OK. Look... 199 January 14, 1993 U L] Mr. Odio: If an officer is hurt... Mr. 5oldevilla: You know, that's... Mr. Odio: If an officer is hurt... Commissioner Plummer: If an officer is hurt... Mr. Odio: ...then he's covered by... Commissioner Plummer: ...and he requires medical attention... Mr. Odio: He's covered by workman's compensation. Commissioner Plummer: ...as a result of a pursuit, how much money did we pay out? Mr. Odio: He's covered by workman's compensation. Commissioner Plummer: How much was paid out, is what I'm asking? Mr. Odio: I don't know. Do you have that number? Commissioner Plummer: Workman's comp is where... We're in-house on workman's comp. Lt. Joseph Longueira: Commissioner, we don't disagree with you. This is important. Commissioner Dawkins: Now, he pulled his motion... So there's no action. Mayor Suarez: No action. Except Gonzalez-Goenaga will overthrow the president. Commissioner Dawkins: Next item. Let's go to the next item. Lt. Longueira: Just understand, no matter what the policy is, and it will probably be only violent felonies that we're looking at - OK? - when there is a chase, 90 percent of the time, when the accident occurs, it's by the offender's vehicle and the lead Police vehicle. Commissioner Plummer: No question... Please. I'm not finding fault with that. Lt. Longueira: Whether there's two vehicles, three vehicles, four, It's the first two that primarily causes. Commissioner Plummer: But if you didn't... Mayor Suarez: Well, what he's saying is even the ten percent is... Commissioner Plummer: If you didn't have the chase, nobody would have been hurt. 200 January 14, 1993 = �i — Lt. Longueira: Yes, and we are looking to restrict it. Mayor Suarez: All right. Commissioner Plummer: That's the point. Mayor Suarez: And since we're going to be arguing about this some more... Lt. Longueira: And we are going to restrict that. Mayor Suarez: ...hopefully, a lot of this can take place directly between Commissioners and the; department, with all of the manuals, and so on, in front of you, to the extent that we need to go that far. Thank you, Chief. Commissioner Plummer: Mr. Mayor, if I may ask of my colleague who seconded the motion, let's wait and get all of the answers in two weeks. I would be happy to do that, sir. Mayor Suarez: All right, sir. So the motion's withdrawn. Commissioner Dawkins: OK, Commissioner Plummer: Yes, sir. Commissioner Dawkins: I have one question... Mayor Suarez: Thank you, Chief. Commissioner Dawkins: ...to ask of the Police Department. It's been said up here that once two cars are identified in a chase, all other cars should back off. Does that include J.L. Plummer? I'm serious. Mayor Suarez: Item... Mr. Soldevilla: Actually, we're hoping he'd get a tittle closer. Commissioner Dawkins: I'm serious. You know, because usually when you get chased, there's J.L. Plummer. Right when you get there J.L. Plummer's there now. So, if J.L. Plummer calls in, one of you Police have got to fall off. OK? Mayor Suarez: All right. He's counted as one of the first three, because he usually is one of the first three. Commissioner Plummer: If I call in, you don't need either one. Mayor Suarez: All right. Item 33. Mr. Manuel Gonzalez-Goenaga: Excuse me. No input from the citizens on this issue? Mayor Suarez: No, sir. We're going to take it up at the next meeting. We're not taking action today. 201 January 14, 1993 38. DISCUSSION CONCERNING PROPOSED REVISION TO CITY'S PROCUREMENT _— PROCEDURES. Mayor Suarez: Item 33. If... Mr. Cesar Odio (City Manager): Mayor, I brought it back because I want to get clear directions from this Commission on what changes you would like to see in the procurement procedures. Mayor Suarez: OK. Now, you understand, Mr. Manager, that when you want a clear direction on a matter... Mr. Odio: I know. Mayor Suarez: ...of this complexity... Mr. Odio: It is not... Mayor Suarez: ...it's not easy for us... Mr. Odio: Maybe what we can do is... Mayor Suarez: ...but remember some of the pitfalls we've had. Mr. Odio: That's right. Mayor Suarez: One of the worst ones, for me, is one of these variable bids where you can bid on A or B, but not C; A and B, but not either one; where one party comes in and does real well on A, but the other one does better in A and B, and then we take the A and B. You know... Mr. Odio: Could we do this maybe... Mayor Suarez: ...the issue of residency... You heard that individual today on minority... Mr. Odio: Yeah. Mayor Suarez: ...participation. You know, well, my wife has 51 percent of my company. If that's what he understands to be minority participation, that means that every single individual who happens to have a spouse, who happens to be a female, all he has to do is give that spouse 51 percent of the company. and they all become minorities? Commissioner Plummer: Yeah. But, Mr. Mayor, that... Mr. Ron Williams (Assistant City Manager): Mr. Mayor, but that... 202 January 14, 1993 0 Mayor Suarez: A majority becomes... No? Mr. Williams: No. No, that would have to be a certified minority, fir. Mayor. Ccnissioner Alonso: The person holding. Mr. Williams: And this... that particular... Commissioner Alonso: Certified. Commissioner Plummer: Mr. Mayor, that's not where I brought up the question here. Mayor Suarez: OK. And then, I forget some of the other things. I think there was an issue of the timing of protest. Mr. Williams: Yes. Mayor Suarez: It seems like we first award... Mr. Williams: Yes. I believe this... Commissioner Plummer: Oh, no question. Commissioner Alonso: Award the contract, and then... Mr. Williams: I believe this is where they're started. Mayor Suarez: ...and then we get the protest afterward. Commissioner Alonso: Exactly. That's one of the worst. Commissioner Plummer: That's crazy. OK? Mayor Suarez: That's three concerns right there. Commissioner Plummer: You know, the protest can be heard under the old policy, after we are asked to make a decision. Mr. Mayor, we're... I think that we have to come about, because we're rapidly becoming a City with champagne ideas on a beer pocketbook. I don't think that we can continue to afford... Mayor Suarez: That's not too bad, actually. Champagne ideas on a beer —� pocketbook. _ Commissioner Plummer: Yeah. Mayor Suarez: I like that. Commissioner Plummer: Yeah. Mr. Odio: That's California champagne. _ 203 January 14, 1993 j Commissioner Plummer: Not if you're paying the bills, you don't. And you are paying the bills. if you look at some of the requirements that are written into specifications, you will find it - or at least I find - that some of them go to every extreme to try to say you are going to fail. You take, as I did - a and I continuously use this as the criteria... When a friend of mine called me and he said, "You insult me," and I said, "Why?" He said, "I sell motorcycles. The Police asked me to bid on motorcycles and they took the bid specifications out of the back of the Harley book and I sell Kawasakis." You -_ take Police uniforms. If you look at to the extent of what they go extremes in those uniforms, and we never see that. And I would say to you that I have been told, in reference to Police uniforms, Ron, that if we adopt the policy that is presently by Metropolitan Dade County, that we could save almost 30 _= percent of a million dollars. I'm saying these are the areas that have got to —_ be explored, that we're not exploring, because times are getting tougher, our revenues are going down, our expenses are going up, and our level of service =_ to the community is going down. So we've got to find ways to cut corners. And that's the only thing I'm trying to say, that we've got to find... whether we've got somebody... One of the things I think that you could do, that has been said to me any number of times - if there was someone who was in your shop, or 1n the City, that was totally independent, where people could call in and get information about bids, which they can't so much... so do this day, according to the people who have talked to me, then I think that == that might be of great help. Not helping them to get the bid, but getting information so they can bid properly. Mr. Williams: We certainly can make sure that's available and get it publicized. Commissioner Plummer: Ron, you know, it's very difficult for me to sit here, knowing the economic conditions that are existing today, and see a half a million dollars worth of auto rentals, and we only get one bid. One bidl Knowing the cutthroat competition that exists among auto rental agencies. A half a million dollars. And I'm saying to you that I think that almost every bid that we go out with, first and foremost needs to be examined to say, "Hey, is this the best bank for the buck that we can get? Is 1t luxurious above what we can afford? Is it realistic? Can it be got here locally and save money?" Dade County, for example, the police uniforms, it's my understanding they get uniforms and they get an allowance to get them tailored and they don't have to take off from duty to do it. They can use that money for tailoring. They can use that money for cleaning, for dry cleaning, or whatever they want to do with it. With us it's not the case. I had one Policeman tell me, you give me... What is it three pairs of pants a year? I said I've got a closet full of pants. I don't need any more. But your policy is I get pants every year. Mr. Williams: That particular case, Commissioner Plummer, might be a contract item, but I hear you loud and clear. I see that we could put in place, probably, an in-house specification review effort, that we might not have addressed closely enough. Commissioner Plummer: Well, but I think it goes further. Mr. Williams: And then to insure that those specifications that are... 204 January 14, 1993 a Commissioner Plummer: As they go out. L] Mr. Williams: ...finally on the street, represent the best bank for the buck for the City, within the confines of the procurement procedures, within the Code and State law. Certainly, we can give that some additional effort and might very well result in different kinds of specifications that are left. - Commissioner Dawkins: We11, I have a problem and will continue to have a problem until your department puts out a bid, and when I come over and ask them what black, Latin, or female firms did you contact, until they can pull a list out and say, "These are the individuals," rather than pulling out a list telling me, "We mailed out 38 responses and only 12 people responded," I'm going to have a problem with it. Now, I've been asking you ever since I've been here, and every since you've been there, to develop some kind of a mechanism, some procedure, or something, sir, where somebody in your office is responsible for finding out what Latins sell Ouijas, what Blacks sell Ouijas, what female groups sell Ouijas, and I will go get these Ouijas from them. Commissioner Plummer: Piccolo Pete. Commissioner Dawkins: OK. And I... Vice Mayor De Yurre: You know, Miller, I think that we need to go a little bit beyond that, because we need to find out not only who sells this item, or who works in this line of work, but why are they not getting involved 1n the process. Because once you identify the company that does... the minority that sells shoes, and you sent them the information and invite them to bid, and they don't bid, then there has to be a problem there. So, I think we need to go out there and maybe we should direct the Administration to contact these... you know, the list that we have of minorities for all of these different items, and find out... get suggestions from them... first find out why they don't do it and what would they like to see happen so that they can become part of this process. Commissioner Dawkins: To piggyback on what the Commissioner is saying, we constantly buy automobile tires. We've got Latin stores out there who sell automobile tires. We've got black companies that sell automobile tires. And every year it's the same firm that ends up with the bid. And when I say, "Well, how did this happen?" Well, we mailed out the correspondence. Well, why d,dn't the Latin or the black bid? I don't... Like he said, we don't know. In other... And you know what the attitude is? We don't care. Mr. Williams: Well, Commissioner Dawkins, certainly we care. And certainly the staff has made very, you know, aggressive efforts in that regard. We have included, I know, very recently - and quite frankly, at your request - reasons why certain vendors may not respond. And we've tried to capture those in an abbreviated fashion and provide it to you. We recognize the concerns here. You guys get a tot of protests. You know, vendors are hungry out there. They disagree with some of the decisions we make. We'll take into consideration all of the issues about specifications. We will continue to be aggressive through our seminars. I know Commissioner Alonso has been interested in that. We held some programs, I know, along with a company that the Mayor got us involved with. We will continue to do that. Certainly, we want to improve the numbers, particularly when it comes to our minority procurement vendors in 205 January 14, 1993 _i[ our numbers. But as it relates to the procedures and the process itself, we've done very good, I think, in terms of representing the integrity of the process, abiding by the City Code. Commissioner Dawkins: You know, representing the integrity of the.., of the whatever, the process, and black, Latin and female business in the City of Miami are going out because you are protecting the integrity, I haven't accomplished anything. Mr. Williams: Well, Commissioner Dawkins, you're absolutely right. We come to you all of the time. We don't get all of the business we want to in those segments of the community, but we'll continue to strive to do it. Commissioner Dawkins: OK. Thank you. Thank you. Commissioner Plummer: Let me... Mr. Manager, you promised this Commission at budget time that we were going to go to a central dispatch of Police and Fire. Mr. Odio: Oh, yes we are. We're working on that diligently. We have a consultant. Commissioner Plummer: Well, then why on... Mr. Williams, and here's another area, I think, that gives you the example that irritates me. On item 35, you're proposing to spend, I think, $14,000 for a backup communications system in... Mr. Odio: Because... Let me tell you what can happen. Commissioner Plummer: ...in Fire, where if it was a combined dispatch, it would be one system. You wouldn't need a backup system for the Police. You wouldn't need a separate one for Fire. Mr. Odio: I will not assume the responsibility of something happening - loss of power, and we use all of our communications and we cannot respond. Commissioner Plummer: No, no. All I'm saying, Mr. Manager... Mr, Odio: And... Commissioner Plummer: ...if you had combined dispatch... Mr. Odio: But we are combining, but you don't do that overnight. Commissioner Plummer: When...? Mr. Williams: I believe we'll get that preliminary report next week, Mr. Manager. Commissioner Plummer: On the combined? Mr. Williams: Yes. Commissioner Plummer: OK. 206 January 14, 1993 Mr. Odio: Yeah. We have a consultant that you hired. Commissioner Plummer: OK. Mr. Williams: Right. And that report is due next week, the preliminary report. Commissioner Plummer: Mr. Manager, then let me ask... Let me try to give you another example. We spent almost $90,000 earlier this day, in reference to photographic equipment. Why don't we have a combined photographic in the Police, Fire and Publicity - is that what it is? Why has each department got to have its own photo department, its own whatever department. Mr. Odio: Do you know... You know more about Police work than I do. They have a photo lab to the Police Department that specializes in crime... Commissioner Plummer: But why aren't we buying in a single source, is what I mean? We buy office equipment 1n a one bulk. Yet we buy photographic equipment for Police, for Fire, and for general use. Mr. Manager, the people of this City are fed up. Somebody better remember who we're working for. Mr. Odio: You know, but you keep saying that... Commissioner Plummer: Dollars are short. Mr. Odio: You keep saying that, Commissioner, like if we don't care. Commissioner Plummer: I keep saying it because the people of this community are in constant contact, I'm assuming, with other offices, like they are with mine. Mr. Odio: Is that about photographic equipment? Commissioner Plummer: No, sir. About the level of service going down? Mr. Odio: I don't think it has gone down. I think it has... Commissioner Plummer: Well, sir, there are a lot of people 1n this community who disagree with you and they're paying your salary. Mr. Odio: Well, I... Commissioner Plummer: OK? Mr. Odio: That's the good thing about the democracy. Commissioner Plummer: I have given you today three letters from citizens, one who is a very well known individual, who will tell you in a whole lot of terms that the level of his service went down when he was confronted. OK? And I... Mr. Odio: Confronted with what? Commissioner Plummer: A Police officer. 207 January 14, 1993 Mr. Odio: Oh, I... Commissioner Plummer: OK? mention any names on the air. You know who it is and Joe... I don't want to - OK? Lt. Joseph Longueira: Right. But that's a performance complaint on an individual and we'll investigate that. Commissioner Plummer: Look... _ Commissioner Dawkins: But I do not have any Police. Commissioner Plummer: It's... Commissioner Dawkins: I've got people saying that garbage hasn't been picked UP, I've got people saying the sidewalks are broken. I've got people who say... - Commissioner Plummer: That's right. And the... Commissioner Dawkins: I have people saying that... Commissioner Plummer: That's right. The parks are not clean. Commissioner Dawkins: ...tots are not being cleared. That the parks are not... Hey, so I... They're... J.L. is not lying. My office also... And I have document... I can give you a list, Mr. Manager, of the complaints. Commissioner Plummer: We cannot continue to sit here and allow business as usual. Commissioner Dawkins: But there again, Mr. Manager, in all fairness to you... Conrnissioner Plummer: Don't you get them? Commissioner Dawkins: ...I can't expect the level of services to increase when the revenue doesn't increase. Commissioner Plummer: That's right. But you've got. Commissioner Dawkins: OK? All right. That's all. Mr. Odio: Yeah. Because... You know... Commissioner Plummer: You've got to cut corners. Commissioner Dawkins: That's all. Mr. Odio: I reminded the Commissioner at lunchtime that the City of Miami is performing the same level of services... Commissioner Dawkins: No. Mr. Odio: ...with 1,100 employees less. 208 January 14, 1993 Commissioner Dawkins: You're not. Commissioner Plummer: No, they're not. No, you're not. Commissioner Dawkins: You're not providing the same... Commissioner Plummer: That's the problem. Mr. Odio: Eleven hundred employees less. Commissioner Dawkins: You're not providing the same level of service. Commissioner Plummer: You've got less employees, but the level of... Mr. Manager, I've said this on the record at budget time. I'm going to say it again. I'm a businessman. In the first time in 23 years that I've sat on this Commission, I was faced with a budget that was less than the year previous. Total dollars to the City, not raising in millage, or lowering millage, but total dollars - less revenue spendable dollars. First time in 23 years. Yet the cost of goods went up. And the amount of revenue went down. Mr. Odio: If you remember... Commissioner Plummer: In business, Mr. Manager, that only spells disaster. Mr. Odio: You say you're a businessman, but traditionally... And I looked back for 20 years. I like to look back. The policies here were instead of cutting expenses, all you did was raise the millage year, after year, after year to put us to the limit. Commissioner Plummer: Those days are gone, sir. LE Mr. Odio: And that's what we inherited here. And we haven't raised millage in eight years. Commissioner Plummer: But I think, Mr. Manager, that we've got to find ways to cut corners. `. Mr. Odio: When you could... Vice Mayor De Yurre: J.L., dealing... Mr. Odio: When it should have been done... Vice Mayor De Yurre: Guys, dealing with this matter, do we have any directives, any motions so that we can move on? Commissioner Plummer: Hey... Commissioner Alonso: I want at this time to ask a question that will mean a savings for the City and I recall, in the last session 1n July, we instructed the Administration to come back in September with the request for proposals for the garbage. What has happened? It was supposed to come to us in September, meaning a savings - tremendous savings - millions of dollars, to 209 January 14, 1993 : .1 the citizens of Miami. And what has happened? Why did it never come back to us in September? Mr. Williams: let me tell you... Commissioner Alonso: Here we are in January and still it is not with us. What has happened? Mr. Williams: Let me tell you exactly what happened and just briefly give you the chronology. The bids were due in, I believe, the Monday after the storm... Commissioner Alonso: September, yes. Mr. Williams: ...and to be here. They were going to be opened here. Commissioner Alonso: Yes. Mr. Williams: In City Hall. As you well know, there was no access to City Hall. We quickly, you know, worked out a way where we got those bids held, not opened, so we wouldn't have any problems down the tine. Subsequent to that time, we've been using Virginia Key which has... as you well know, has been a prime, potential location for this project. We're beginning to clean that out. The bids have gone back out. They're due in February 3rd of this next month and we have put together our evaluation team again. Most... Those citizens have agreed to work with us. And we will be bringing that to you. I think I gave the Manager a potential schedule, some time late in February. Commissioner Alonso: That's very important. It means millions. Mr. Williams: I certainly recognize that it is. I met yesterday with Dade County on the Citizens Task Force. They are willing to work very closely with us on that, because not only does that help us, but that helps the Countywide problem of waste stream reduction. So, we will be... Commissioner Alonso: You're putting out the same RFP. Mr. Williams: Oh, well, with minor changes, based on some discussion with Dade County, but essentially, where we would operate our own site and Dade County has dropped a tremendous amount of those potential obstacles that we have mentioned to you before. But we're back on target with that. Commissioner Alonso: Virginia Key, I think, was the site that was originally... Mr. Williams: That was a potential site. Commissioner Alonso: ...considered. Mr. Williams: Certainly, we did not restrict the vendors that may have had some other... something else to offer. In other words, build one in the City of Miami and someplace else, if you so desire. Commissioner Plummer: ...speaking of the Recycling Board... 210 January 14, 1993 5 C 1 fJ�^k Commissioner Alonso: No, it's not recycling. It's the entire process. Commissioner Dawkins: Unposted... Commissioner Alonso: It's.,. Mr. Williams: Right. The entire MSW process. Commissioner Plummer: Are we... Commissioner Alonso: It's... Remember that it was a savings from sixty some one proposal, to 37... 30, the other company. Mr. Williams: There were people that felt they could save as much as $6,000,000. Commissioner Alonso: Tremendous savingsl Commissioner Plummer: Well, of course, you know, the thing that appealed to me was the fact that you had one company here who said you send out one truck and pick up everything, and our equipment will separate it. That realty interested me. Mr. Williams: Sure. Commissioner Plummer: And that's savings instead of... Vice Mayor De Yurre: And that's coming back the third of February, right? Mr. Williams: No, it will not be back to you on the third. We will receive our proposals back on the third, Commissioner. Vice Mayor De Yurre: OK. So sometime in February... Mr. Williams: Right. Vice Mayor De Yurre: ...it will come to us. OK. Wonderful. Commissioner Alonso: That's very important. Mr. Williams: We will begin the evaluation process and get it to you as quickly as possible after that. Vice Mayor De Yurre: OK. Do... Mr. Williams: No later than the first of March. Commissioner Alonso: Well, I... Vice Mayor tie Yurre: Do we have any motions on this item? Commissioner Alonso: Well, I would like to emphasize again what I have said a million times. I have told you, I have mentioned many, many times at City 211 January 14, 1993 Commission meetings. I think the process has to be open. We have to look at ways, as Commissioner Dawkins has expressed many, many times, as well, that it reaches more people, that we go more to the citizens of Miami. I think it has improved... Mr. Williams: Thank you. Commissioner Alonso: ...in the last two years. We're having more minorities, more local businesses, and that's the most important thing. Mr. Williams: That has been your concern, Commissioner. Commissioner Plummer: Are what? Commissioner Alonso: Local businesses. I think it's important for us that the process ends and... begins and ends in the City of Miami and that our own people get the business that we generate, and that's our first priority. Because then it will create jobs... Commissioner Plummer: Then they had it. Now we don't. Commissioner Alonso: ...and it will help the City of Miami. I think that's... And the process has to be... Commissioner Plummer: It's true. Commissioner Alonso: ...worked out in a way that they understand the process, therefore they participate in higher numbers. Mr. Williams: Sure. As you know, we have done that. Commissioner Plummer: Oh, you can't do that. Mr. Williams: And I appreciate your complement. And we are also trying to get with you again to get some additional thoughts from you as to how to do that. With regards to the local issue, we've instructed staff to always apply the ten percent local preference and award the bid to that vendor that's within ten percent. So, that is helping with the local, meaning Miami, company. Commissioner Plummer: Well, personally... Commissioner Alonso: Actually, what we have to do more... We did this last session - telling the Administration to come back with suggestions, and proposals, and changes in the process. So, we are doing exactly the same thing we did last time. Do you understand a little bit better what is the intent of this Commission? Mr. Williams: Well, I hear two or three things coming through loud and clear - certainly, the issue of minority vendors, and we are working with that, and I think you know... Commissioner Alonso: Local businesses. 212 January 14, 1993 Mr. Williams: Right, local business. That basically is being applied. What we need to do is try and identify more local business. We hear that... We hear, certainly, Commissioner Plummer's thoughts about the specifications, and the openness of them, so that they can be competitive. And as Commissioner De Yurre continues to tell us, the issue of protests and how people respond to our documents, certainly have to be clearer and we'll make an effort in-house with our in-house staff to work that out. Commissioner Alonso: Have you been able to find any explanation through the seminars why some people, that even though they would like to do business with the City of Miami, they don't? They don't participate in the process. Have you heard concrete information about why it 1s not done? Mr. Williams: A couple of things that shine through are - and one of them is kind of an intangible, it deals with the perception of... or lack of communication, that dealing with the City is difficult. And these seminars are beginning to break that down. Commissioner Plummer: Yeah. Mr. Williams; The perception that the City pays slow... Commissioner Plumner: Slow pay. Mr. Williams: ...is out there and the Finance Department has been working with us to try and move that up. The things that we're accomplishing in there are clearing up the specifications... Vice Mayor De Yurre: Is that a perception or a reality? Mr. Williams: Well, it was a reality Vice Mayor, but we think that we're getting... Commissioner Plummer: Are you a winner or a loser? Mr. Williams: We think we're getting better with that. And, particularly, through our Office of Minority and Women Affairs, when there is a problem of a payment hanging out there, we've been able to work with the vendor and the Finance Department to get that resolved. So, some of... And let me not miss the last one, the issue of it being very complicated, of our documents have too much stuff in there, and our boiler plate general language or general conditions has too much, and that's an ongoing effort to try and clear that up. Vice Mayor De Yurre: And do we have... Like, for example, talking about seminars. Do we have seminars to teach these companies how to fill out the forms and make their bids? Mr. Williams: We have had those. The participation has not been what we'd like for it to be. We will continue to have those. We had a couple of very good ones last year, that we got a lot of people in. We'll just have to do more, Vice Mayor. 213 January 14, 1993 Vice Mayor De Yurre: What about bonding capacity? Is that a companies to get involved? Mr. Williams: On the larger issues, yes. But, as you well kn we've come up with... The Commission policy has done some thin under $200,000 and waivers there, so we've been able to work wit the bigger projects, you know, all of those external issues, s know, loans, and banking Industry, and redlining, and those thin there that we can't control. But on those smaller pure bid items, bonding is not a problem. Cash flow has been a problem. We've w couple of minor situations where we worked with the supplier for try and solve that short term problem. So, you know, they continu there and we've got a good group of people working on it, I believe Vice Mayor De Yurre: OK. h problem for ow, I think gs about... that. On �- uch as, you gs are out naturally, _= orked out a _ a vendor to e to be out Commissioner Plummer: Can I ask Ron why we're not getting as much backup as we used to get? Just looking here at item 14, using that as an example, firefighters protective clothing. It used to be that we, the Commission, knew how many people bid, how much their bids were... Mr. Williams: You should have that. Commissioner Plummer: Well... OK. I agree with you, I should. Mr. Williams: Yeah. Commissioner Plummer: But why don't I? Ms. Judy Carter: They're buying the suits under a Broward County contract. Commissioner Plummer: Are we sure we got the best buy? Ms. Carter: Yes, we are sure that we got the most competitive price available for those particular suits that the Fire Department has requested. Commissioner Plummer: And bidding would not have possibly given you a better price. Ms. Carter: Excuse me? Commissioner Plummer: Bidding would not have given you, possibly, a better price? Ms. Carter: No, we... Well, they did bid. Broward County did bid and... Commissioner Plummer: That's not my point. Ms. Carter: Well, no. Commissioner Plummer: Let me give you an example. Ms. Carter: I feel that the Broward County... 214 January 14, 1993 L7 Commissioner Plummer: Excuse me. Ms. Carter: OK. O Commissioner Plummer: Government policy in prices are not necessarily the best thing in the world. Let me give you an example. I went to buy, for my personal use, a photostat machine. And I asked the City where - because I had no idea where to go - where was the best, because I wanted one similar to what I had at my office. And they said to go to Philip Morris, I believe, was the company on 36th Street and Biscayne Boulevard. So I called on the phone and I asked the company how much was the photostat machine and they said X number of dollars. And I don't remember exactly what it was. And when I went there they said, "You're from the City?" I said, "Yes." They said, "No, no. We gave you the wrong quote." And I said, "Well, what does that mean?" Well, if you're buying under the City's purchase order, it was the equivalent of $44 more, because the City had a guaranteed price. They could not sell it for = less, nor more. Yet, as an individual, I could walk in that store, because there had been a reduction in the price, and I could have bought it for $44 = cheaper than what if I'd bought it on City purchase order. I ask my question again. Did you bid it out to see if there was possibly the chance of getting a better price, rather thin taking the easy road and say, "Here's Broward County and I guess they did the best that they could." You know, it doesn't necessarily... Broward County might have had specs for 50 of the items and we're looking for 300 and surely people do better prices on volume. All I'm saying... And Chief, before you get all upset, I just used that particular one I turned to here. I'm not finding fault with you. Please don't be paranoid on me. All right? I'm just saying that because it's a Broward County bid don't mean it's the best deal. Mr. Williams: That's true. That's true, Commissioner Plummer, and we do make that evaluation. Commissioner Plummer: Fine. Vice Mayor Be Yurre: OK. Moving right along. Commissioner Dawkins: OK. Mr. Vice Mayor... Vice Mayor Be Yurre: Do you have a motion? Commissioner Plummer: I would only ask one other thing. Mr. Manager, until further notice, I would appreciate the first day of every month, a report on what is being done on the central dispatch, until it is accomplished. would you please forward that to my office? Thank you. Commissioner Dawkins: Mr. Vice Mayor? Vice Mayor Be Yurre: Yes. Commissioner Dawkins: Mr. Manager... Commissioner Plummer: Yes, sir. And I'll be glad to return it in the same manner to you. 215 January 14, 1993 Commissioner Dawkins: Commissioner Plummer: Mr. Odio: In English. Commissioner Plug: Mr. Odio: Yes, sir. OK. Mr. Manager... In Spanish or in English... ...whichever you prefer, sir. Commissioner Dawkins: On the pursuit policy, we said they were going to bring it back and since PULSE is concerned about the choke hold... Mr. Odio: Choke hold. Commissioner Dawkins: ...would you notify them that this will be discussed at the next meeting also, Mr. Manager? Mr. Odio: Yes. I'll call Reverend Chase. Commissioner Dawkins: OK. Thank you. ------------------------------------------------------------------------------ 39. (A) (Continued Discussion) UPHOLD PUBLIC WORKS DIRECTOR'S DECISION TO DENY A SIDEWALK CAFE PERMIT FOR SIDEWALK AREA IMMEDIATELY ADJACENT TO ELENA'S ITALIAN RESTAURANT, INC.'S LEASEHOLD (d/b/a CAFE SCI-SCI) (See label 8). (B) MAYOR SUAREZ INTRODUCES THE HONORABLE MARTIN LUTHER KING, III, COMMISSIONER FOR FULTON COUNTY, GEORGIA. Vice Mayor De Yurre: OK. Let's go back to item 22. Commissioner Plummer: Twenty-two? Mr. Cesar Odio (City Manager): What's that? Vice Mayor De Yurre: Department of Public Works, sidewalk cafe permit, Cafe Sc1 Sci .. Commissioner Plummer: What is... What is 22? Commissioner Dawkins: That's where you took the people's sidewalk tables away from... Commissioner Plummer: Oh, no. I didn't take them away... Commissioner Dawkins: Yes, you did. Commissioner Plummer: ...but it was my understanding that we were going to do a total study on this thing. 216 January 14, 1993 T a.1^Kk +t Commissioner Dawkins: It was ray understanding that we were going to do a - total study and take them back from all... everybody, because the City streets belong to the City. Commissioner Plummer: Well, that might be the end of the study, but at this _ particular point... Excuse me. Did we not... Oh, we don't have a City Manager? Do we have a City Manager? Commissioner Alonso: Yes. Commissioner Plummer: Do I pay a City Manager? Commissioner Dawkins: No. t;omrmissioner rmummer: 13 tnere anyone sitting that acts like a City Manager? Is there a vacant chair for some reason? Commissioner Alonso: They will get their act together in the next few minutes. Mr. Ron Williams (Assistant City Manager): Can we answer your question, Commissioner Plummer? One of us. Commissioner Plummer: Thank you, sir. I'll ask my question again. It was my under... It only took five minutes to get a City Manager, but that's fine. Aren't we doing a total study of the sidewalk ordinance relating to fees, and the entire ordinance? Isn't it under study? Mr. James Kay: Mr. Commissioner, I believe there are... Commissioner Plummer: I didn't know you were a City Manager, sir. Mr. Kay: ...there are... Oh, I'm sorry. Mr. Wally Lee (Assistant City Manager): Yes, we are from... Commissioner Plummer: You'd probably give me a better answer, but... Vice Mayor De Yurre: Let me ask a question, if I may. Commissioner Plummer: Can I get an answer to mine? Vice Mayor De Yurre: Yeah, I know, but before we get into that, I see that the Director of the Department of Public Works... It is a Public Works item, isn't it? Mr. Kay: Yes, it is. Vice Mayor De Yurre: He's not here. So the reason why he's not here? Commissioner Alonso: He's on vacation. Mr. Lee: The director's on vacation. 217 January 14, 1993 Vice Mayor- De Yurre: On vacation? Mr. Lee: Yes. Vice Mayor De Yurre: OK. Mr. Lee: And will return Tuesday. Nice Mayor De Yurre: OK. Great. Go ahead. Commissioner Plummer: Again, it was my understanding that w►e were doing an entire study on sidewalk cafes, in general, and I'm wondering why one, in particular, came up as a separate item, and not the total overall picture, Mr. Lee. Mr. Lee: Commissioner, we are studying it. We're working with it with the Law Department, trying to develop some variations which you instructed us to as a percentage of gross and so on. However, the Cafe Sci Sci is a completely different situation and that's why it's standing alone right now. Commissioner Plummer: What you're saying is that this particular item, you don't feel comes under the umbrella of the study? Mr. Lee: No, sir. This is a violation. Commissioner Plummer: Sir, the violation might be part of the study... Mr. Lee: Well... Commissioner Plummer: ...that 1t might not, if we look at it... might not be a violation, or 1t might be a more serious violation... Mr. Lee: Well, under the present ordinance, that's what this situation is about. I mean, this is prior to your request. Commissioner Plummer: OK. Mr. Kay: The item before you today is a resolution to uphold the director's decision to deny a permit renewal to Cafe Sci Sci. Cafe Sci Sci has, since 1988, operated a sidewalk cafe in front of its establishment, and also in front of an adjacent and contiguous property on the sidewalk area as well. That adjacent and contiguous property owner had previously given permission to Cafe Sci Sci to operate in that area of the sidewalk. There is a new landlord now and the owner, who is Janmar property, has requested that the City not renew the permit in front of the area of their property and has, therefore, not given its consent to Cafe Sci Sci to set up its business as a sidewalk cafe in that area. And, in accordance with the City Code, we must not. Vice Mayor De Yurre: Yeah. Reasons for the request? Mr. Kay: Pardon? Vice Mayor De Yurre: Do you have reasons for the request? 218 January 14, 1993 ku 1, ,f Mr. Kay: No, no. It's just that they are required to have the adjacent owners' consent. Bice Mayor De Yurre: They don't have the adjacent owners' consent? Mr. Kay: Not at this point. No. Commissioner Plummer: Is there... Is this unique? Someone said to me the other day, and I don't remember, both parties have been to talk to me, let me put it on the record. Both parties have had a shot at me, so they've had equal opportunity. Somebody, and I don't remember, said that there was uniqueness here due to the fact that these tables and chairs were not totally on public right-of-way, that the first 10 feet from the building line out was the owners' property and not public right-of-way. Is there any truth to that? Mr. Kay: Yes, sir. There is. The ordinance, however, addresses the sidewalk area and the sidewalk goes all the way, at the present time, to the face of the building, at the base building line. Commissioner Plummer: But isn't the contention presently, the tables and chairs in that ten foot area, just as well as it is out on the swale area? Mr. Kay: I'm sorry. I didn't understand the question. Commissioner Plummer: Well, up against from the building... the base building line, down for ten feet, is not City property. No, on the other side. That... I don't think there's any contention over there. Go to your right. There. OK. Is not the first ten feet of that the owner's property? Mr. Kay: Yes, sir. The owner presently owns that first ten feet. Commissioner Plummer: OK. So, the first ten feet are not, in my understanding, in contention. It's the outer area, from the sidewalk out, which is public right-of-way, which is in fact the contention. Is that correct? Mr. Kay: Well, I don't want to add any confusion here, but the... Commissioner Plummer: You'd better add some facts. Mr. Kay: ...the ordinance addresses the sidewalk area and that is, indeed, in the zoned public right-of-way. The zoned public right-of-way, however, there 1s some private property within that zoned public right-of-way that we've never received dedication on. And so, I mean, you're correct when you say that some of those tables and chairs are actually on private property. Commissioner Plummer: But that's nog the subject of the permit that was issued or revoked. Mr. Kay: No, that's not. Commissioner Plummer: OK. So that's... Just to clarify where we are. So, the matter before us was brought by who? 219 January 14, 1993 III Mr. Kay: The Director of Public Works issued a decision and this matter 1s being appealed by the owners of Cafe Sci Sci. Vice Mayor De Yurre: Well, let's hear from them. A. Quinn Jones III, Esq. (City Attorney): There's also a legal proceeding pending. Commissioner Plummer: Well, then, I think we, the Commission, should be aware of what is legal going on, and the legal proceedings. Should we not? Mr. Jones: Well, right now... Yeah. Well, you've been advised, Commissioner, through memorandum, whatever, but in any event, there has been an agreement between the parties to... And I'm sorry. Mr. Maxwell's not here, so I'm trying to give you the best of my recollection. There has been agreement between the parties to hold things in abeyance pending the outcome of what's before you. And, of course, they're required by law to exhaust the administrative remedies before... And of course we... before pursuing legal action. Of course, it's premature, on their part, at least we take the position it's premature - the lawsuit is premature - until such time as they've come before you and exhausted that remedy before going into court. So, 1n any event, you have to make a decision one way or the other. Either deny it or grant it, at some point in time... Commissioner Plummer: Is there any chance for compromise? Mr. Lee: No, Commissioner, based on my interpretation of the ordinance. Vice Mayor De Yurre: Well, the thing is that I don't think that's our position anyway. You know, we're not here to remedy a lawsuit, which is... the City's not a part of. Mr. Ed Kaufman, Esq.: No, they... Commissioner Plumper: Well, but I think, Victor, if there was an area of compromise between two parties, it would eliminate the lawsuit. I mean, I realize that lawyers want to go to court but, you know, the best thing for all concerned, if you can stay out of court, is to compromise. And I merely ask the question, was there an area of compromise and I'm told the answer is no? Mr. Kay: That is between the City... Commissioner Dawkins: I'm still at a loss. Somebody tell me. The sidewalk belongs to the building owner or the City of Miami? Who owns the sidewalk? Mr. Kay: The sidewalk was put in by the City of Miami. Commissioner Dawkins: No, no. In the City of Miami, period... Now, let's not... I don't want to be concerned with this issue... Commissioner Plummer: We're on item 22. Commissioner Dawkins: In the City of Miami, who owns the sidewalk - the City of Miami or the person that the sidewalk fronts their residence? 220 January 14, 1993 Mr. Kay: 0 The City of Miami. COWissioner Dawkins: OK. Now, so 1f the City of Miami owns the sidewalks in the City of Miami, how is it that individuals have to get permission from other individuals to use the City sidewalk and not get permission from the City of Miami? Explain that to me now. Mr. Kay: They ultimately get permission from the City of Miami by this permit. It's just that, in this particular case, when they ask... Commissioner Dawkins: Oh, Mr.... Please, please. See, because as our attorney has said... as this may end up in court, so let's... I'd like to generalize it. I don't want to get... If we can't... If not... If we can't, just tell me we can't and I'll stop. But I'm saying, in the City of Miami, 1f the City of Miami owns the sidewalks, why is it individuals can cone to me to get use of the sidewalk in front of my residence, which the City owns, yet if someone falls on that sidewalk, they don't sue me •- they sue the City of Miami. Mr. Kay: I think what we're doing is in fairness to the property owner who fronts the sidewalk. And that's the best I can answer you on that one, Commissioner. Mr. Jones: Commissioner, what you have is basically that the reason that they have to come to consent is because you've adopted an ordinance which requires that they cane... they come back to you through the permitting process and also requires the adjoining property owner's consent. The City does have a dedicated easement over the public right-of-way that's in question. There's no doubt about that. And of course, as part of holding that property in trust for the general public, we are charged with the responsibility of seeing that it is administered correctly. So, really, 1t becomes immaterial to a point to really think about who owns the property. The important thing is for the City to really take charge and say how this public right-of-way is going to be used, whether it's going to be effectively used, whether it's going to infringe upon someone else's rights or whatever else. That's the larger question. Commissioner Dawkins: So, what you're telling me, sir, is when the City of Miami granted the right for sidewalk cafes, the City of Miami drafted certain regulations, for the lack of a better word, which spelled out what had to be done for individuals to utilize that space for Cafe... Mr. Jones: That's correct. Commissioner Dawkins: Thank you. Vice Mayor De Yurre: OK. We'll hear your name and address. Mr. Kaufman: My name is Ed Kaufman. I represent Cafe Sci Sci and my address is 200 South Biscayne Boulevard, Miami, Florida. This is an appeal, and I think that's appropriate that we're up here first, because the Notice of Violation was submitted to us in August of 19... well, it was in June of 1992. Mr. Tunmolillo, Giovanni Tummolillo is the owner of Cafe Sci Sci, along 221 January 14, 1993 R • with his wife Elena. They have had an outdoor cafe, sidewalk cafe restaurant, since 1985. The ordinance was enacted, I believe, in 1987 and they required certain things. The ordinance is very specific as to what is required to apply for a permit at that time. Everything that was required to bn, done was done by Tunmolillo, and a permit was given to Cafe Sci Sci. One of those things was a consent of the landlord. The Janmar owner, at that time, or he's the agent... they were the ones that consented, we have a consent and we're prepared to put it in the record for the purposes of this hearing. I don't think there's any dispute about this. A consent to operate a sidewalk cafe in front of his restaurant and the adjacent parcel was given. Now, the question was asked - and I think it's appropriate - can this be settled? If you're talking about a landlord and tenant dispute... Mr. Jones: Exactly... So why is the City involved? Mr. Kaufman: ...and the reason that this dispute was occasioned... Mr. Jones: Exactly. So why is this... Mr. Kaufman: ...is because there is no longer the same landlord, because from 1987 and thereafter, all that had to be done with this cafe and for every single sidewalk cafe in this City, was to submit a fee for the permit that had already been applied for initially. When we submitted, back in 1987, the requirements that this ordinance talks about, that is the landlord's consent for the adjacent property - not the one right outside this cafe, but the adjacent property - and I'll... If there's any question about that, I'll go over to that map and show it to you. But it's not for the one right in front of Cafe Sci Sci. There is no argument about that. We're talking about the property right adjacent to that. That's exactly the parcel that's being discussed. The statute, the ordinance that this Commission adopted, speaks to that as saying a restaurant owner, just like Mr. Tummolillo is, can utilize that portion as well, that sidewalk... for sidewalk cafe purposes, as long as he has the landlord's consent, and he didl He had the landlord's consent and the landlord consented to a sidewalk cafe when they entered into this lease in the first place, to a cafe restaurant. And then he consented to the sidewalk cafe. But then, at the end of last year, there was a change in the landlord. Never before has this City ever required a new application, a new consent, from any sidewalk cafe owner in this City. But now, the new landlord, who is Cocowalk, or Constructa... one of their companies, or Grand Oaks, or whatever the case may be, writes a letter right before the annual fee is due. And all you do on an annual fee, up until this very moment, is submit a permit... submit your permit fee and you get a permit, because you have previously complied with everything in the ordinance. So, all that a person has to do to renew is to submit, of course, proof of insurance, and get his permit, as long as he pays the permit fee. There's an application fee of $150. That's the Initial application fee. What they're saying now is, and their interpretation of this ordinance is, that really what you have to do, every single sidewalk cafe owner in this City, is to go through the whole application process, which includes giving a site or space plan to the City for approval. Never before has that been required. Never before have they collected $150, as required by the ordinance, each year for this kind of a... for a permit for the following year. All that's required for an annual permit is to pay the fee and show proof of insurance. And that fee is spelled out in here. Not the $150 reapplication for permit tee, but just a new permit fee for the square footage 222 January 14, 1993 4. . in front of your unit. So, what we have here is, one landlord writes to the City and he says, "I withdraw the consent, essentially that was given by the landlord that was there previous," and for all the eight years that Mr. Tummolillo has run the Cafe Sci Sci in Coconut Grove, and I'm saying you cannot put up anything 1n front of... any sidewalk cafe tables in that adjacent area, just adjacent to the sidewalk cafe in front of Cafe Sci Sci. By the way, it's the same landlord. The same landlord owns that building. So, what you're talking about now is determining, and putting your City... your City officers right in front of landlord disputes, and it's going to come back and bite everyone, because everybody is going to say, "Whoa) What happened here?" We're going to have to reapply, and every landlord is going to say, "Heys They've got to reapply?" And you can see every one of them is going to be holding a club over every tenant. Now, that's not what was intended and for... and I can tell you right now... Commissioner Plummer% What's the alternative? Mr. Kaufman: ...that if you put it to your officers right over there, they'll tell you that once the application fee was paid for the initial permit, they never asked for and never collected another application fee. Now, Commissioner Plummer, you talked about some survey that has been done, and of course, there is something... Well, there is something that is going to be coming up here soon, but it relates to an amendment to this very ordinance that I'm talking about right now, and that ordinance is designed to do what these officers have done... these City officers have done. Now, if it was the case that I'm wrong and they're right, why did they have to have an amended ordinance? The reason for it is that the ordinance, as now drafted, and when my client submitted his application initially, and now he has permit after permit for year after year... There's no reason, under that ordinance, to deny him that permit. Now, I'm going to show you... Commissioner Alonso: I don't want to interrupt you, but may I ask a question? Mr. Kaufman: Surely. Commissioner Alonso: You say his application was reviewed year after year with the landlord consent. It was... Mr. Kaufman: No. Commissioner Alonso: Sir? Mr. Kaufman: Then I made a... Commissioner Alonso: It was given at the beginning. It was the same landlord. It was understood to be that the landlord has granted the permission and it was in effect. If at one point, at time renewal, that landlord felt that it was not appropriate for his or her business, they could take it away, couldn't they? Mr. Kaufman: That's... Now, when the Commission, in their wisdom, said you initially require an application to be submitted, they were avoiding... and I'm telling you, they were avoiding exactly what's coming up before you now - 223 January 14, 1993 landlord/tenant disputes. Now, this can go to the courts in terms of landlord and tenant disputes and probably will. This matter can go to the court and probably will. But the fact of the matter is that the City should not be in a landlord/tenant dispute and if this City has enforced its ordinance in this fashion, for all the years that it's been enacted, why now, with this one individual, with this one landlord, does it say he can withdraw consent? Now, your ordinance, and I'm saying in your wisdom, this ordinance tells you exactly what can be done to deny, revoke, or suspend the permit, and that's under 54-117 of your ordinance. And it says: "...the director may deny, revoke or suspend the permit for any sidewalk cafe authorized 1n the City, 1f it is found that..." And then it goes through seven areas. Not one talks about withdrawal of landlord consent. Now, one of the principles of law is that an ordinance has got to be clear. You cannot put words into an ordinance, and you can't assume that the Commission wasn't thinking in terms of avoiding landlord disputes and... landlord/tenant disputes, when it specifically took that out of the equation. Why would this City Commission want to be subject to this kind of argument between landlord and tenant? There are courts to determine that, not for this City. Why should this... Commissioner Alonso: Let me tell you how I see it, and maybe you can give me some ideas or explain to us what alternatives exist. Commissioner Plummer: Because he said, you've got to have the Administrative procedures first. Commissioner Alonso: I can see granting a sidewalk cafe to a business in front of the particular business, but when you are having it in front of the property adjacent to you, we are dealing with a different case. And I can see a landlord wanting ,after X number of years, wanting to change the use of his or her property, renting it, leasing it to a different type of business that would like to use that facility, which is a possibility. And then how in the world can the City of Miami say, "You have to maintain that use." Mr. Kaufman: Because the... Commissioner Alonso: Who are we to say that? Mr. Kaufman: May I... Let me answer that. Commissioner Alonso: OK. i Mr. Kaufman: If the landlord wants to do that, he doesn't have to go to the City. He can do it with his landlord, if his land... to his tenant. If the tenant does not agree, there is a court of law that can take care of that. That's what it's all about. Why should the landlord be able to use the City authorities to do something that is not appropriate under the ordinance that was drafted. And what you're going to do is you're going to have tenant after tenant coming in here, just the same way as we are, if this is to be enforced 1n the future. Look, since 1987, not one permit has been required to reapply. Not one in this entire City for sidewalk cafe permit. All you do is submit the fee once it is first approved. So, what I'm saying is and to specifically answer your question is, there are ways that landlords and tenants and people : who are using ; g property of others can handle that. Now, this is not for the City to get into. And that's why this was done in the fashion when 54-117 224 January 14, 1993 tells you that only under these circumstances can they deny, revoke or suspend, and it doesn't include withdrawal of landlord's consent, that's why this is a good provision, because it is keeping you out of. Commissioner Alonso: But the landlord's consent... The landlord's consent was part of... in order to get a license, or a permit to use the sidewalk cafe, you were supposed to have the landlord permit. Right? Mr. Kaufman: That's true. Commissioner Alonso: OK. Now... So, it is part of this and that's why the City of Miami has to be involved... Mr. Kaufman: No. Commissioner Alonso: ...because it was a part from the very beginning. If you have the consent of the landlord, you are allowed to have it. If you don't... Mr. Kaufman: No. Commissioner Alonso: ...that's it. That's exactly the way... Mr. Kaufman: Initially, 1t was for the application, but not every year. Commissioner Alonso: The application in order to have a license to operate. Mr. Kaufman: That was done initially, but not every year. Not for any year. In other words, once it is given, it is out of your hands. Commissioner Alonso: It's for life? Mr. Kaufman: It is for... No, it's not... It's not for life, because there are other tribunals, other entities, other people, other circumstances that take care of this issue, not this City Commission. You should not be involved in that. You should not have... For example, we submitted our request for the permit in May... April of 1992, and the landlord wrote his withdrawal consent... withdrawal of consent notice. It took until June 22 for the Public Works Department to tell us no, you cannot get it, because you don't have landlord's consent. This was not part of the equation. This is not part of the ordinance. And I submit to you that this is going to raise chaos between landlords and tenants in the City. Now, it is not this City... The City can move away from this, they can avoid it, and I'll tell you, they should. But can you imagine every sidewalk cafe tenant being told no, you've got to reapply every single year to this landlord, and this landlord knowing this. Commissioner Alonso: Do we have ways to find out how many cases similar to this exist in the City of Miami, with sidewalk cafes? This is not the common case. They are using their property plus the adjacent property. Right? And this is the problem. Vice Mayor De Yurre: Doesn't Sharkey's... Don't they do that, right? 225 January 14, 1993 Commissioner Alonso: And this is the problem. They have the permission to have it... Vice Mayor De Yurre: Sharkey's, I think, does that. Don't they do it? Commissioner Alonso: So, do you have any indication of how many cases? Mr. Kay: I don't think Sharkey's does it any more. To the best of Amy knowledge, this is the only... Vice Mayor De Yurre: But they have. Mr. Kay: They have in the past, but this is, right now, 1s the only case, which... Commissioner Alonso: The only case? Mr. Kay: Yes, in which we have... Unidentified Speaker: That's correct, Commissioner. Commissioner Alonso: We don't have anything similar to this. Vice Mayor De Yurre: Is there any... Mr. Kay: No, ma'am. Vice Mayor De Yurre: Let me see something here. Is there any provision in your lease that grants this right? Mr. Kaufman: The... No. The lease talks 1n terms of the grant of a cafe restaurant to Mr. Tummo11llo and this ordinance... this ordinance is designed only for permits between the City and the restaurant owner, and it does not include landlord... landlord's rights, except on that initial application. Now here's a... this landlord agreed, for eight years, because initially he gave us the authority to do this, he gave it to you. Now, a new landlord comes over and says, "No." For whatever reason. I can tell you that it is going to be a disputed reason. But this City should not be doing somebody's work for them. You should avoid these issues. I'm telling you, it's going to be like a plague. Commissioner Alonso: The problem is that we were involved from the beginning, as I see it, because when you grant the permit, you requested the landlord's consent. So, in my book, we were involved with the landlord and the tenant from step one. Mr. Kaufman: Initially, the initial application, but there has only been required one application. There is nothing here in 54-117 that says that you can deny, revoke, or suspend the permit of Mr. Tummolillo because of a withdrawal of landlord's consent. A. Quinn Jones III, Esq. (City Attorney): Dr. Laslo, let me see if I can... 226 January 14 1993 el Mr. Kaufman: Now, the lease has a... That's true. My client reminds me that there is a lease in existence between the two of them that lasts for another nine years. And, of course, that's why we have a major problem that you want to stay away from. I mean, because this is between the tenant and the landlord, _3 Commissioner Alonso: For that particular area, or for this property... Mr. Kaufman: The right to that... Commissioner Alonso: ...where he has the cafe? Mr. Kaufman: The right to use that as a cafe. Commissioner Dawkins: I think the City Attorney is trying to say something. Mr. Jones: Yeah. Commissioner Alonso: Just for that section? Mr. Kaufman: Yeah. Commissioner Alonso: I see. Commissioner Dawkins: Are you trying to... Mr. Jones: Dr. Alonso, we went through this discussion before, the last meeting, and I can't say that I have any better understanding of it today, but you should know... Commissioner Plummer: Thanks. Mr. Jones: ...you should know that the ordinance is crystal clear, at least in my mind, that it requires annual renewal. The ordinance is further clear as to what the standards are for permitting, one of which is the adjacent owner's consent. This gentleman makes a big to-do out of the argument about this whole process not having been required before, that it was an automatic renewal whatsoever. You heard testimony at the last Commission meeting that, while that may have been the case, or it may have been routine practice, whatever, that this practice is now being applied across the board. So to say, in effect, that because the City was not requiring all of these, or was not complying with each and every provision of its ordinance, that it poses a problem, or somehow it makes it impermissible, is far from the case. You have a validly enacted ordinance on the books. The City has decided to enforce the terms of this ordinance across the board. It is not being applied or... unevenly or underhandedly, it is being consistent in its application. And you have to interject yourselves into this because your ordinance requires you to. We are already in court on this matter, and as I indicated to you, that the court proceeding, of course, can't go forward, until you make a determination to uphold or to deny what has been the Public Works Director's decision, which again has been... under this particular ordinance, he can renew, revoke or deny and, of course, this is renewal. It would be absurd, I think, to think that the ordinance does not require annual renewal, and of course that would 227 January 14, 1993 be fraught with many problems if there were not annual renewal requirements as you go each step of the way. So, I don't know what else to tell you, other than the fact that you do have to make a decision in this regard, and it certainly is property before you the fact that there has been much reference to it being a landlord/tenant dispute, I think begs the matter. And, of course, because the tenant was negligent in not including this provision in his lease with the new owner, I mean, that's not our problem. The problem before you is one of either upholding what the Public Director has done or denying what he has done and let it go forward. It's as simple as that. Mr. Kaufman: There's no new... There is no new lease. This lease that we are operating on.,. Mr. Jones: But you have a new owner. Mr. Kaufman: ...was executed back in 1985, and it didn't require any renewed lease. Mr. Jones: But you have a new owner. Mr. Kaufman: In addition to which, under the proposed Chapter 54, according to the City Attorney that it is so clear, then why do you need a new and amended definition for permit, which says: "Permit means a grant of authority by the City of Miami to operate a sidewalk cafe, subject to compliance, as a condition precedent to the initial issuance of such permit, and any renewals thereof, with all requirements, conditions, or criteria set forth in this article, for the issuance and maintenance of a sidewalk cafe permit." Now, listen to this: "A permit shall be valid for a maximum of one year in duration and shalt be renewable on an annual basis upon full compliance with all application requirements." All of which, members of the Commission, was not in Ordinance number 54 at the time that my client made application for a new permit. This was done exactly because we... because of our situation. This is a Cafe Sci Sci amendment, that's what I'm telling you. Commissioner Plummer: Mr. City Attorney, have you given an opinion on this? I mean, who's right and who's wrong? I mean, you know, somewhere along the line we have some very learned counsels here... Mr. Jones: Yeah. Commissioner Plummer: ...and one of my colleagues left is a lawyer. I'm not, and I need help. Mr. Jones: Commissioner, the only thing I can tell you is that it is my opinion that the ordinance requires annual renewal; that there are certain standards, as I indicated to you before, that the ordinance requires in obtaining the permits, one of which is the owner's consent. And of course, as I indicated earlier, there had been much to-do about what the process was before, and I think that Mr. Kay and Mr. Lee can tell you, unequivocally, that since the policy has been to apply it across the board, and comply consistently, that it be done on that basis so as not to discriminate against any one entity or any one person, this is not any selective enforcement, as I think that is the picture that is trying to be painted. So, in my opinion, I think that the ordinance is clear as to what is provided, and clearly, when 228 January 14, 1993 the department asked him for the owner's consent, he has not been able to produce it, because they don't want to give him the consent and I can understand for obvious reasons. So, one way or the other, whether you, in your wisdom, in your considered opinions, decide to uphold the Department Director's denial, you have to make a decision one way or the other. Commissioner Plummer: Well, am I to understand then that you feel that the denial is what should have been done? Mr. Jones: Based on... Excuse me. Commissioner Plummer: You know, it really... When I'm sitting here being told that regardless of what happens this matter is going to go to court, I kind of feel like I'm spinning my wheels. Mr. Jones: Well, we are already in court. So, I mean, that... Commissioner Plummer: You know, because I see the only real answer 1s what Commissioner Dawkins said, and that's repeal the whole ordinance and nobody has sidewalk cafes. Commissioner Alonso: No, we couldn't do that. Commissioner Plummer: Then there's no more questions. I mean, it's all very much answered, cut and dry. Mr. Jones: My suggestion to you is if you're going to... If you're going to make a decision which comports with the provisions of the ordinance... Commissioner Plummer: All right. Are you saying... Excuse me. Let me interrupt you, sir. Are you saying that we don't have the privilege, the latitude of making no decision and letting the court decide? Mr. Jones: No, what could possibly happen is that you could be forced at some point to make a decision, but you've got to make a decision in order for the legal proceedings to go forth. So, of course, the greater delay benefits one party, and of course, I guess, haste... what may be deemed "haste" in making a decision may benefit the other party. But I think the equity is in totality with the... Commissioner Plummer: OK. Commissioner Alonso: Have they tried to resolve the problem and maybe something middle-of-the-road agreement, between the landlord and the tenant? Commissioner Plummer: I asked was there a compromise, the answer was no. Commissioner Alonso: Could it be done and maybe rather than going to the extreme, we can find happy solution? Mr. Kaufman: Well, I don't know whether we could do that over this microphone. 229 January 14, 1993 ,o- Vice Mayor De Yurre: Well, let's see before we continue if there's... Lucia, do you want to speak on this issue or are you just standing around? Ms. Lucia Dougherty: Commissioner De Yurre, we have been talking and we have made several offers to the other side, mainly that they get to continue to use that space 1n front of our property as long as we don't have a use for it, or we have not either remodeled the building, or otherwise put other tenants in front of the property, or in the space in front of which they have their tables, chairs and umbrellas, which have no access, no view, no nothing to our space. So, we have permitted... We would give them the permission to continue using that space, until such time as we either remodel or have a tenant. They have not agreed to that... Vice Mayor De Yurre: Let me ask you something. Where is the logic in bringing up this Issue now? Are you planning on remodelling right now? Ms. Dougherty: Mr. Steiner would like to talk, yes. Mr. Yaromir Steiner: I'm Yaromir Steiner, 2901 S. Bayshore Drive, officer of the owner of the property. We purchased the property a little bit over 13 months ago and we, in order to respect the lease of our tenant, who goes until the year 2001, we decided to leave him there. He occupies 2,000 square feet in the building out of 15,000. And to eventually remodel the building for use as a, what we call... I mean, small office space, incubator space, we call it, for small businesses who start and so forth, can go in there, like for example, the Engels Building is doing right now, and eventually turn the section which is in dispute right now, maybe to a small other tenant. When we took over the building, and we knew that that sidewalk was being used entirely by the restaurant, which is not in the lease, so it's not real estate I'm talking... I cannot turn you out, this is only personal deed, it's a license. Since 1t wasn't part of the real estate, we felt that we should be able to eliminate tables and chairs in front of that section. So what happened is when permit time came, we went to the City and said we are not giving our permission any more... That's the only area we can give permission or not. The rest is as of right. The ordinance gives them the right to put tables and chairs in front of their space. The reason we refuse that is because we want to remodel the building, and if we remodel the building, we want to have an access to it. We don't want it cluttered by tables and chairs. I don't want to... I mean, I have photographs and so forth, but not relevant. You just can drive by and you see how the tables really occupy the whole, you know, front of the building, and also, the little window space which is on the right side, for which we can find a tenant for some specific use. We do not have that tenant today, and we have not decided to make that remodelling this minute. So, we told the tenants that since we are not ready to go ahead and do that right now, we would allow them to use the sidewalk. That is, we give permission to the City, except that we want to have an agreement with them, clearly understanding that the moment we make that investment and remodel the building, or have a tenant for the other space, then, at that time, we would revoke that permit. I mean, we are... Our lease doesn't... I mean, when we acquired the building, we acquired the lease. That lease has no agreement for us giving forever the permission to use the sidewalk. I mean, if you do not support your Public Works Department and your Legal Department then, I mean, can someone explain to me how... I mean, how do I control the front of my building that I have not rented to them? That means that if I have a building 230 January 14, 1993 today... Someone has a building and has one restaurant tenant and allows them one time the use of all of the sidewalk in front of that building, then that will go forever? We are not coming in front of the City, it is not a landlord/tenant dispute that we are bringing 1n front of you. I do not play that game. The only reason today there is a lawsuit, the lawsuit is between the tenant and the City because, basically, they don't agree with your application of the ordinance. There is a requirement, which is every year we have to give our approval. You have not been applying maybe that rule, but that's not my fault. I'm simply saying that this year I do not want to give that permission. I do want you to come in the middle of this. The laws are very clear. When I don't give my permission, they cannot use that portion of the sidewalk. Because I might have another tenant who might want to use that portion of the sidewalk. I mean, how can I give that forever? I mean, it's a problem. I mean, you might... I mean, if you want to eliminate the ordinance, you can eliminate it, but I do not know how you can... I mean, how you can take away from the landlord the possibility of lending to another tenant that portion of the property? I repeat again, if there was in the lease agreement something saying that that landlord will give, for the duration of the lease, the permission to use the full sidewalk in front of the building, during the time of the lease, then I would be bound by that real estate obligation. But this is not in that lease. So, I mean... So, why, I mean, can't I simply say I don't want them to use that portion, if I want to lend it to someone else? And we can work with them. We'll let them use it and we're not being capricious. We might never remodel the building, but as an asset manager of this building, I have to preserve the rights of the owner, in case we do it. I have to be able to tell him, "Sorry, I'm going to stop now." You asked a very good question. What if the previous owner decided three years down the road that he didn't want them to use anymore that portion? He couldn't tell them no anymore? I mean, that sounds strange to me and, I mean, I totally, obviously, support the position of the Public Works Department, of the Legal Department, dnd I feel that the only unusual circumstances here, and which create that stupid question put to you, is simply because I think the tenant is requesting something very unusual. And this is why we are having this discussion here. I'm embarrassed to be in front of you arguing something so obvious. Vice Mayor De Yurre: Let me ask you this then, so I can understand this scenario. You are saying then, for example, 1f another business, such as another restaurant, would like to open in front of that space there and would like... let's say they would like to use that area for their own tables, that you would be prohibited from doing that because right now they, Cafe Sci Sci, has the right to use the whole area. Mr. Steiner: That's correct. And I would like... Vice Mayor De Yurre: And then you would not be able to rent it as desirably as you would like to, or make it as desirable for that... Mr. Steiner: Right. That's correct. But it is not the intention, because in that location a food operation is almost impossible. The only operation there can be a newsstand, can be a fuel processing facility. I mean, it can be one of those quick, in -and -out type operations, and obviously, you can imagine, I cannot rent that space if there are three tables in front of it. You cannot even get to the space. I mean, the sidewalk should be accessible by the 231 January 14, 1993 tenant who is leasing a space on the sidewalk. I mean, and the tables and chairs won't allow to do that. And that's why I would like to have that freedom. And we even started discussion with them about the possibility of renting them that space. And if such an agreement happens and we can lease them that space, then certainty they will get by right the right to use that sidewalk. And that's a possibility also. We are not denying it. I mean, it is not the issue. The issue is this... the public... Commissioner Plummer: Mir. Vice Mayor, where are we? Mr. Steiner: I mean, I know, it's embarrassing. Commissioner Alonso: I'm ready to make a motion. Commissioner Plummer: You know, we're going around in circles. Commissioner Alonso: No, I'm ready to make a motion. Vice Mayor De Yurre: I need to... You can make a motion, if you wish, but I need to clarify some more things from the City Attorney's Office. Commissioner Plummer: The more I hear, the more confused I am, I want to be honest with you. Vice Mayor De Yurre: Well, I'm trying to see what the issue is, as far as the reasons why this is here before us. Commissioner Plummer: Well, it's simple why it's here. Commissioner Alonso: Because the... Mr. Jones: Because the... Commissioner Plummer: There was a permit that was revoked and they don't like it. Mr. Jones: The Public Works Director denied the renewal of the permit, and the course to pursue that is to appeal to... Vice Mayor De Yurre: I know, but for example, Quinn... Mr. Jones: tkm-hnnm. Vice Mayor De Yurre: ...are we going under this ordinance, the 54-108? Is this what we are talking about... 108, 109, 110 through...? Mr. Jones: Yes. Yeah. Mr. Kay: Yes, sir, E-4-108, Article VI. Mr. Jones: Yeah. Chapter... Article VI, sidewalk cafes, 54-108... Vice Mayor De Yurre: OK. 232 January 14, 1993 Mr. Jones: C ...et sequel. Vice Mayor De Yurre: Because I'm reading, and I, you know... and I need your help, because I'm kind of breezing through this quickly. I'm looking for what the relief that they're seeking. You know, where does that allow? This here talks about permit... Mr. Jones: ...54-128. = Mayor Suarez: May I interrupt the Commission for a second? Vice Mayor De Yurre: That's more important than Cafe Sci Sci, so you'd better hold on a second. Mayor Suarez: Ladies and gentleman, Fulton County Commissioner, Martin Luther King, III. [APPLAUSE] Tell the... _ Reverend Dr. Preston Marshall, Jr.: Martin Luther King, III will be speaking at the Cheever's Hall tonight, located at 9309 N.W. 27th Avenue. We would _= like for everyone to come. If you don't have the money, just come on anyhow. Commissioner Plummer: Send the bill to Miller Dawkins. Reverend Marshall: You don't even have to worry. Be a guest of M.L.K. Parade and Festivities Committee and at the City's expense. You have no problem. _ Thank you. [APPLAUSE] Mr. Martin Luther King, III: Mr. Mayor, and City Commissioners, it is a great honor to be back in Miami, and certainly an honor to be here in the chambers where business is conducted for the people of this City. I serve in the capacity of Commissioner in Fulton County, as has been stated, and so I feel like I'm stilt at home at work, since I'm in a chamber. But in all seriousness, it is a great honor to be here at this time of the year as we approach the annual observance of the birthday of Martin Luther King, Jr. And I think, and I know that... and I hope that we all are hopeful as a nation this year, 1993. The birthday, of course, is observed on the third Monday of January, nationally, and so we will be in Atlanta, and some of us may be in Washington, with our new President-elect on the 18th. And I think, and hope that as a nation, we are all hopeful with the new administration coming in, because, as we all know, the tragic problems of all of our cities... Our cities have been abandoned for some years now and with new renewed hope, and with the new administration, it is the hope that our cities can be revitalized. This certainly is a great City. It is probably the second greatest City in America, after Atlanta. But I always... I remember coming here in 19729 I believe, the Democratic Convention was here, and I always have enjoyed visiting Miami, and I've always enjoyed sharing with the leadership... the elected leadership of this community. Finally, I want to thank the City, the Mayor, and the City Commissioners, and you for giving me an opportunity to say gust a few words. And I want to also invite you to come to Atlanta, and when you are in the Atlanta area, please come by the Martin Luther King, Jr. center, where we are trying to teach people how to live together, without destroying person or property. Thank you and God bless each and every one of you. 233 January 14, 1993 Mayor Suarez: The Commissioner would like to know, I am sure... would be interested in knowing that not only is Martin Luther King a holiday in this City as it is throughout the nation, but from the standpoint of our unions, it Is a paid holiday in our City. I think in Atlanta the Mayor has a mandatory eight year term. Is that correct? Unidentified Speaker: Four. It's four. Mayor Suarez: Two four-year terms as a constitutional maximum, so maybe we'll see Martin Luther King, III possibly running for Mayor of Atlanta soon and I hope Maynard Jackson doesn't take that to heart that I said that. But we are pleased and proud, once again, to host you. We have already given him the keys to the City and now I don't know what else we can give him, Mr. Vice Mayor. If you have any other ideas... The keys to our hearts on behalf of all of you. Very well said. [APPLAUSE] Commissioner Plumper: I think he's county. But Fulton is the county. Maynard Jackson is the mayor of the city. Yeah. Maynard Jackson is the mayor r of Atlanta. He is a county commissioner. Vice Mayor Be Yurre: For the record, the Mayor now is in charge of protocol and public relations, as he walks out again. We all chill out every once in a while. Where is Mr. Quinn? There he is. Can we continue on this item? I'm looking at the requirements... Mr. Jones: Looking at 54-118? Vice Mayor Be Yurre: What's that? Mr. Jones: 54-118. Vice Mayor Be Yurre: One nineteen? Mr. Jones: One eighteen. Mr. Kay: One eighteen. Vice Mayor Be Yurre: One eighteen. OK. What does it say? Mr. Jones: Appeals... Vice Mayor Be Yurre: Go ahead. Tell me about it. CormNssioner Alonso: ...one more time. Vice Mayor Be Yurre: Tell me... You see, from reading the first four pages here, I can see the requirements for applying for a permit. Mr. Jones: Right. Vice Mayor Be Yurre: You know, show me where it says where the City has a right to revoke or not give a permit. Mr. Kay: That is found in section 54-116, subparagraph 17. 234 January 14, 1993 Vice Mayor Be Yurre: OK. Mr. Kay: And I'll read it. It says, "The issuance of a sidewalk cafe permit does not grant or infer vested rights to use of the sidewalk area by the permittee.' Commissioner Plummer: Of all the things we've got to do, we've got to worry about a God damned sidewalk. Mr. Kay: 'The City retains the right to deny the issuance of a permit or the renewal of a permit." Period. Vice Mayor Be Yurre: And under what circumstances? Mr. Jones: 54-117. Mr. Kay: Well, certainly, that is a kind of a statement that's going to cover many things and you do have a 54-117, seven listed reasons. Vice Mayor De Yurre: OK. Doesn't have insurance, health permit... Mr. Kay: No. Vice Mayor Be Yurre: ...changing conditions of the pedestrian or walk areas, failure to correct violations, failure to take positive action, failure to make modifications... tables, chairs... You know, where does it say that... =1 Commissioner Plummer: What have we been on this thing? Over an hour? Vice Mayor Be Yurre: ...the OK is denied the owner's... you know, the owner's allowance to do this is denied as one of the reasons. Mr. Kay: Well, we're going back to... actually, in section 54-11, which we have an annual permit fee for establishing or maintaining a sidewalk cafe shall be $20 a square foot. Twenty dollars a square foot, we have to know what the square footage is. And in order to know what the square footage is, we have to have a plan presented to us every year... Vice Mayor Be Yurre: And is that done every year? Mr. Kay: ...to see how much we calculate that. Vice Mayor Oe Yurre: Is that done every year? Mr. Kay: It is now. Vice Mayor Be Yurre: No, no. Has it been done every year since this ordinance has been in place? Mr. Kay: It has not been done every year in the past. Vice Mayor Be Yurre: So, obviously, it's not a requirement. Right? 235 January 14, 1993 Vice Mayor Be Yurre: No. Mr. Kay: We have to know what the permit fee... Vice Mayor Be Yurre: Now many permits have you issued without little sketch? Each and every one. Right? Mr. Kay: On renewals, you mean. Vice Mayor De Yurre: On renewals. Mr. Kay: On renewals. Commissioner Plummer: Or a change. Mr. Kay: Or a change. Commissioner Plummer: I mean, if there was no change, why would you submit a new one? I mean, it would seem like that to me, that the sketch that was there the previous year would be the sketch you would continue on. You know, I just cannot sit here and believe that one hour of this Commission's time is being eaten alive by tables and chairs. Commissioner Dawkins: Not only Commission time but the citizen's time also. Commissioner Alonso: Second time. Commissioner Plummer: You know, I realize to the people involved it's a very important issue, but there has got to be an answer somewhere quicker than an hour. Vice Mayor Be Yurre: You know, let me tell you something, J.L. First of all, I fail to see the urgency of the matter when there are no plans to do any renovation at this point in time. In fact, I haven't seen, really, a reason for this... Mr. Jones: Yeah. Which is... Vice Mayor Be Yurre: ...except trying to protect a future rights, so timing... time is not of the essence here. I fail to see it. I fail to see that urgency. I do see, though, that this ordinance is lacking in a number of things. And I think also that we have not been, over the years, following the requirements of this ordinance. We've kind of let it slide and just get your permit, get your money in here and that has been it. So, seeing that there's no urgency, I think we need to go back to the issue of revamping this ordinance and bring it to us. Commissioner Plummer: Well, I understand what you're saying, Victor. OK? But yet, I have to come back to a man's right as a property owner and that's really what's in question here. Does he have the right to control his property and yet, in this particular case, I don't think what is clear cut, what is his property and what isn't? If it's his property, there is no question in my mind he has full control. 236 January 14, 1993 �ignr �c it tF �, k _ Ms. Dougherty: If I... Commissioner Plummer: any control. If it is not his property, then I don't think he has Ms. Dougherty: Mr. Vice Mayor? Vice Mayor De Yurre: Yes. Ms. Dougherty: As the representative of the landlord, may presentation, particularly for the record, at this point? Vice Mayor De Yurre: Oh, I thought you had. Ms. Dougherty: No, sir. Vice Mayor De Yurre: Oh, OK. Ms. Dougherty: I just answered a couple of questions for you. Vice Mayor De Yurre: OK. Commissioner Plummer: Here goes another 20 minutes. I make a Ms. Dougherty: Ho, this will be very brief, because I'm making this for the record. But one of the things that... One point I want to make to you is -- another condition that you have, that they have not requested on an annual basis proof of, is insurance. That's one of the requirements of the —_ application, 1s that you provide the insurance. Does it mean that when the insurance is revoked that he continues to have the cafe tables and chairs on - = there, even though he doesn't have insurance? The answer 1s no. On an annual basis, they should have to provide insurance. The permit is renewable on an = annual basis. It's only for one year. And, therefore, every year they still should have to have, and that's what your ordinance says, requirements that they have insurance as well as a requirement that you have the landlord's — permission. Now, the issue keeps arising as to why we have this requirement in the ordinance and the reason that you have a requirement for the consent of = —_ the adjoining property owner is because that property owner owns to the center _ line of the street. Now, I have two cases to say that. These are Florida cases. One of them says the purchaser of a lot, according to a plat which — shows that lot as bounded by a street, acquires title to the center line of the street on his side. He acquires an easement over the other parts of the proposed street where he doesn't own a lot. So, what occurs when you plat property is that the owner owns to the center line of the street. The City - has an easement over that ownership right for roadway purposes that he holds - in trust for the public, for street purposes. Tables and chairs are not street purposes. However, because your ordinance complies with the Constitution, you have said if the owner of that property gives permission to =_ the adjoining property owner to use his property for tables, chairs, — umbrellas, etcetera, then it's permitted. But the truth of the matter is, you can't permit somebody to use somebody else's property in front of their building. I have another case that says exactly the same... - 4 a 237 January 14, 1993 _ Commissioner Plummer: Let me tell you what's interesting. I ,just asked this question of the City Attorney and the City Manager and it was interesting what the answer... From the inception, if the landlord, at that time, did not want to grant to a Cafe Sci Sci, using them as the tenant, can they... could the landlord stop them from getting a permit for tables and chairs from the inception? And the answer from both is yes. That's interesting. Ms. Dougherty: That's precisely the point. Another case, generally abutting... Commissioner Plummer: No. Because it's not beside the point, Lucia. It's also the point where... Ms. Dougherty: No, I see. You're exactly correct. Commissioner Plummer: ...in fact, if he wanted to say, you know, no on the other side, and that's really what's in contention here, half of the building, does he have the right to say yes or no? And he is a property owner, are =� those his rights? That's where I think this whole thing is falling down, but... If it was asked in reverse, if in fact, from the inception, before a permit was ever issued, would the owner of the building have the right to say no, and they not get a permit from the inception? And the answer from learned over here is yes, he had that right. Ms. Dougherty: The point is, and both your City Attorney made it and so did Mr. Steiner, the lease between the landlord and Cafe Sci Sci could very well have provided that they continue to be able to use that property. It didn't. It didn't provide 1t. That's why we're here. It's clear in the lease that they don't have that right. Commissioner Plummer: Well, let me ask another question on the record. Vice Mayor De Yurre: It's clear that the owner doesn't have the right to give it either. Ms. Dougherty: No, it isn't. Vice Mayor De Yurre: They don't, that's why... Ms. Dougherty: You can't... You don't get property that you don't own... Commissioner Plummer: OK. Let me answer another question... Vice Mayor De Yurre: That's right. Ms. Dougherty: ...that you don't have a lease to. Commissioner Plummer: Vice Mayor De Yurre: neither the landlord, said. Mr. Steiner: No? ...of the Administration and the Law Department. I know, what I'm saying is that then we acknowledge that nor the tenant, own the sidewalk, based on what you've 238 January 14, 1993 Vice Mayor De Yurre: They have no control over it. They can't give it. Ms. Dougherty: I'm saying to you that the landlord owns in front of his property to the center line of the street. Vice Mayor De Yurre: But has no control over it. Ms. Dougherty: He does have control over it. Vice Mayor De Yurre: Then he could lease it. Right? No, he can't. Commissioner Dawkins: But Ms... Ms. Dougherty: Yes, he can. Commissioner Dawkins: But Counsel... Ms. Dougherty: He can get permission for that. Vice Mayor De Yurre: He can't lease the sidewalk. Commissioner Dawkins: Counsel... Vice Mayor De Yurre: He can't lease the sidewalk. Ms. Dougherty: No, he can't. Correct. Commissioner Dawkins: Counsel. Ms. Dougherty: Yes, sir. Commissioner Dawkins: If someone falls from the base of the building to the center of the street on that property, who usually does the person sue? Ms. Dougherty: The truth of the matter is they sue the City, the landlord, and the cafe owner. Commissioner Alonso: That's right. Commissioner Plummer: Under the... Commissioner Dawkins: All right. In front of my house, I don't have a cafe, and I don't have anything, a guy falls on the sidewalk in front of my house because the City didn't pick up the recyclabies, and some of the plastic felt, who do they sue? Commissioner Alonso: You and the City. Ms. Dougherty: Probably, they would sue you, as well as the City. They would say you left it out. 239 January 14, 1993 € r Al * sr vice Mayor De Yurre: ...collect it... Commissioner Dawkins: But who would be liable? Ms. Dougherty: It would be up to the court to decide. Commissioner Dawkins: Who would they collect from? Ms. Dougherty: The court to decide, or the jury to decide. Commissioner Alonso: Or both. Commissioner Plummer: They collect from the City, because you haven't got anything. Commissioner Alonso: He has a liability in homeowner's... Commissioner Dawkins: How true, how true, how true. Commissioner Alonso: Homeowner's insurance. Commissioner Dawkins: But you know, we need to do something with this, Mr. Vice Mayor. Now, it's no... Commissioner Plummer: Can I ask one other question, then I'll quit. Under the ordinance, as you read it right now, to the Administration and to the City Attorney's office, if the owner who presently is there says that he doesn't want Cafe Sci Sci to have any, even in front of their business, does he have the right to stop them from doing it? Ms. Dougherty: No. Commissioner Plummer: He doesn't have that right? Mr. Jones: Unless the original... Commissioner Plummer: But there's nothing in the lease. That's the point. Ms. Dougherty: No, we don't have that right. Commissioner Plummer: There's nothing in the tease. I'm not asking what he might or might not want to do, I'm asking legally, under your interpretation of the ordinance, can the landlord say I don't want you, Cafe Sci Sci, to operate tables and chairs... Mr. Jones: Sure. Commissioner Plummer: ...in front of this building. Mr. Jones: The owner could always say that. Commissioner Plummer: Is it enforceable? Mr. Jones: But if there's an agreement that says to the contrary... 240 January 14, 1993 Commissioner Plummer: There Is no agreement... Mr. Jones: OK. Commissioner Plummer: ...in the lease. Mr. Jones: Then the owner could do that. Commissioner Plummer: OK. Vice Mayor De Yurre: You know... Mr. Jones: That's my opinion. Vice Mayor De Yurre: If we're talking about a scenario wherein the sidewalk is the public domain... Commissioner Alonso: ...cannot withhold reasonable... That's reasonable... Vice Mayor De Yurre: ...controlled by the public and the City, and if we are talking about the interest of the front of that space being really the lessees =_ interest... And I think there's an issue that Miller raised at the last time is, where does the owner get as much authority as it seems to be that he has in this ordinance, to say yeah or nay? You know, really what interest is, of =_ the owner, the sidewalk, when it's not controlled by him? Commissioner Plummer: Oh, I would answer that by saying the availability of renting the other side of the building there, it's going to be much more advantageous if there are no restrictions or stumbling blocks. What happens, as said before, if he wanted to do to another restaurant, and it's already taken up by Cafe Sci Sci, nobody other restaurant 1s going to lease it. Vice Mayor De Yurre: So then... I would submit to you then that that lessee that would be 1n the other space, if he had the OK from that lessee there shouldn't be any problem. Why get the owner involved? If the lessee in the space there comes in and says, "I have no problem with those tables being there," who does 1t bother? I rent this place, I have no problem with it, I take it as is. Commissioner Plummer: But, that's... Victor, in my estimation, that takes away from the owner's right of his rights. I mean, you know, if you don't have certain rights 1n ownership, what do you have? Vice Mayor De Yurre: But then you're giving him ownership of the sidewalk. s Commissioner Plummer: Well, that's what's in question. Vice Mayor De Yurre: Well, that's what I'm talking about. Does he own the sidewalk or not? Or do we control it? Commissioner Plummer: Well, our... If the owner does not have the rights of the sidewalk, could he put Restaurant XYZ out there? Could the City license = XYZ to go out there in front of this building? - 241 January 14, 1993 - Commissioner Dawkins: Mr. City Attorney... Commissioner Plummer: Wait a minute. Can I get my answer? Commissioner Dawkins: You told me, just one more question fifteen minutes ago. Commissioner Plummer: Yeah. But you generated other thinking. Commissioner Dawkins: OK. All right. No problem. Co ahead. Commissioner Plummer: I asked a question. Mr. Kay: No, he can't. No. Commissioner Plummer: They cannot? Mr. Kay: No. Unless they have an establishment, a restaurant establishment in front... you know, on the private property in front of the sidewalk. Commissioner Plummer: OK. Vice Mayor De Yurre: OK. Well, let's move on. Commissioner Dawkins: OK. Mr. City Attorney... Vice Mayor De Yurre: Do you have anything else to say in rebuttal? Commissioner Dawkins: Wait, one question from the City Attorney. I heard somebody say this is going to court. Commissioner Plummer: It's already in court. Commissioner Dawkins: Now, if we... I mean, it's already in court, but what's h0 ding it up 1s a decision by this Commission. Is that correct? Mr. Jones: That's correct. Commissioner Dawkins: So, if we vote yes, it's in court. If we vote no, it's in court. Is that right? Mr. Jones: That's correct. Commissioner Plummer: Maybe. Commissioner Dawkins: Now, it's four of us up here, 1f it's a two -two tie, what happens? Mr. Kaufman: No, that's not correct. Commissioner Plummer: No action. Mr. Jones: Excuse me? 242 January 14, 1993 Commissioner Dawkins: I know what it means, J.L., but I'M saying what - happens? Commissioner Plummer: Defeat. Commissioner Alonso: We will call the Mayor, so that he can vote. Commissioner Plummer: The wisdom of Solomon. Vice Mayor De Yurre: No, he recused himself from this one... Mr. Kaufman: May I... Vice Mayor De Yurre: ...because his firm represents one of the parties. Commissioner Plummer: A two -two tie 1s a defeat. Commissioner Dawkins: The Mayor's firm represents one of these companies, so he can't... he has to... conflict of interests. Commissioner Plummer: Well, he didn't announce it. He should for the record. Commissioner Alonso: He did not. Yeah. Commissioner Plummer: Well, basically a two -two tie is a defeat, whatever the motion is. That's simple enough. Vice Mayor De Yurre: Well, then we make a motion to uphold the Department's recommendation. Commissioner Plummer: When that fails, you make one to the contrary. When that fails, it's no action. Vice Mayor De Yurre: OK. Commissioner Plummer: Does that mean they've exhausted their Administrative procedure? Ms. Dougherty: Mr. Vice Mayor, I believe this is their appeal and unless they get an affirmative three votes for their appeal, it's denied. Mr. Kaufman: May I address one thing that the City Attorney said, Commissioners? You asked for an opinion. I ask... The question was can the owner deny them the right to the adjacent property. I'm really shocked that the construction placed upon the ordinance that was in front of you, by... as made by the City Attorney... Under 54-114.1, under normal, usual statutory construction in any way, shape or form that I've ever seen, where you have a semicolon after the word "is issued", or within the contiguous sidewalk frontage of the building where the licensed restaurant or food service establishment is located, provided that the written approval is applied by the building owner and any affected lessee, I can't understand how you're getting that legal advice by your City Attorney. 243 January 14., 1993 d�F d Commissioner Plummer: Sir, we are getting more legal advice than we know what -- - to do with up here. All right? I mean, I gust... As I said before, the more _ legal advice I'm getting, the more confused I'm getting. Mr. Manuel Gonzalez-Goenaga: May I say something, as a citizen? — Commissioner Plummer: And how much are you being paid as a lawyer? Mr. Gonzalez-Goenaga: No, that's what I'm going to mention here. = Commissioner Plummer: Oh... Mr. Gonzalez-Goenaga: Look, I think that these Commissioners should do i whatever is best for the citizens, because let's realize there are conflicts of interest, not from one side, from the other side also... Commissioner Plummer: I never ate in Cafe Sci Sci. Mr. Gonzalez-Goenaga: ...because the law firm of Greenberg Traurig are a bunch of influence peddlers, and they contribute to every single Commissioner in this campaign thousands of dollars. Comni ssi oner Plummer: Manny... Mr. Gonzalez-Goenaga: So here, I never contribute to you people... Commissioner Alonso: They have never contributed to me. Commissioner Plummer: Manny, I'm happy... Mr. Gonzalez-Goenaga: ...and lend... Commissioner Alonso: They have yet to give me one... Commissioner Plummer: ...I'm happy to tell you that both sides contributed to My campaign. Mr. Gonzalez-Goenaga: Well, the... Well, so, you should pay more attention to what is more useful for the citizens, and I as a citizen love to have a few more tables there, and maybe we can settle that if the landlord goes and approves... because 1 don't like the name Cafe Sci Sci. In Puerto Rico it sounds... it's a bad word. Why don't you put Cafe Cha Cha Cha, and have another section for chairs, so the more, the better, and we get an improvement in the City, where the citizens can go there and enjoy themselves and dance to the Italian music, Cuban music and Haitian music, whatever. Come on, babies, let's stop this monkey business. I think that Martin Luther King, III - thank God he left, because I don't think he got the proper perception of what's going on here. It's no business, it's monkey business. Commissioner Dawkins: All right. Thank you, sir. Vice Mayor De Yurre: OK. Thank you very much. = Commissioner Plummer: Manny, you made my day. -4d = _ f 244 January 14, 1993 rA Commissioner Alonso: OK. I think I'm ready to make a motion to uphold the decision of the Department, the Public Works Director, and I so move. Vice Mayor De Yurre: Do we have a second? Commissioner Plummer: Mr. City Attorney, is that what you're recommending? Mr. Jones: Yes, as I indicated to you before, if... it comports with the provisions of your ordinance and... Yes. Commissioner Plummer: If that's your recommendation, I'll second. Vice Mayor De Yurre: OK. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-40 A RESOLUTION, WITH ATTACHMENTS, UPHOLDING AND AFFIRMING THE PUBLIC WORKS DIRECTOR'S DECISION TO DENY A SIDEWALK CAFE PERMIT FOR THE SIDEWALK AREA IMMEDIATELY ADJACENT TO ELENA'S ITALIAN RESTAURANT, INC., D/B/A CAFE SCI-SCI, LEASEHOLD, DUE TO THE INABILITY OF CAFE SCI-SCI'S OPERATORS TO OBTAIN THE REQUISITE CONSENT OF THE ADJACENT PROPERTY OWNER TO OCCUPY SAID SIDEWALK AREA; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. NOES: Vice Mayor Victor De Yurre ABSENT: Mayor Xavier L. Suarez COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Uh... The motion? Yes. I had to figure out... Hello? -- - - - - - - - - - - - - - Commissioner Dawkins: I've got mixed emotions to... (Votes yes.) Commissioner Plummer: So do I. I've got to be honest with you. 245 January 14, 1993 �i"q dil+ Vice Mayor Be Yurre: I'm going to vote no. I think this ordinance is lacking and really what is being voted on today, we don't have a right to do. it doesn't say that... It makes sense, but this ordinance does not allow for what we are doing here today. _ COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Two things. Number one, to the Administration, I think Commissioner De Yurre is absolutely correct and I think that's why we have asked for a study to be done of the overall ordinance relating to cafe... to = sidewalk cafes. Second of all, I think the department needs to send out a letter to remind the people who presently enjoy the privilege of sidewalk cafes, of the ordinance which says they shall leave a clear, six-foot, pedestrian walk-through, and that they shall not deny the public to sit at those tables without the requirement of having to order and spend money. Commissioner Dawkins: I would also like to say, Mr. City... Mr. Vice Mayor, that... Commissioner Plummer: Would you send me a copy of the letter that you send to them, please? Mr. Kay: Yes, sir. Commissioner Dawkins: ...the sidewalk cafes have become a trademark of the Grove, and as such, we should do all we can to encourage that this continues. But it doesn't make any sense for us, knowing that this was going to court... is in court, to spend an hour of the citizens' time discussing this when we've got almost 23 other items to be discussed today. Vice Mayor Be Yurre: So be it. Ms. Dougherty: Thank you very much. ---------------------------------------------------------- NOTE FOR THE RECORD: At this point, agenda items 34 & 35 were temporarily tabled. ---------------------------------------------------------- Vice Mayor Be Yurre: Item 34. Commissioner Plummer: Move it. Vice Mayor De Yurre: Moved. Do we have a second? Commissioner Dawkins: What is 34? Vice Mayor Be Yurre: We need 4/5 vote, so... Commissioner Dawkins: Well, they already paid him, so what else can we do? 246 January 14, 1993 y Commissioner Plummer: Well, wait a minute. Wait a minute. We don't have four votes here. Hold on. We only have three votes. 40. DISCUSS AND DEFER FURTHER DISCUSSION CONCERNING THE SPRING GARDEN NEIGHBORHOOD'S CONCERNS AND THE PROBLEM OF CRIME, DUE TO NONAPPEARANCE BY INTERESTED PARTIES. -_.---------------------------------------------------------.-__----____------- Commissioner Plummer: Let's move on to 36. Vice Mayor De Yurre: Move on, number 36... Commissioner Dawkins: Thirty-five has... You need two votes. OK. Thirty- six. Vice Mayor De Yurre: Commissioner Plummer's request, discussion relating to the Spring Gardens neighborhood. Commissioner Plummer: Mr. Vice Mayor, my request comes at the result of the letter generated by the people of Spring Gardens. Were they notified to the Administration? They were supposed to be... Vice Mayor De Yurre: Hold it, J.L. Is this like a brother thing? This beard? Huh? Commissioner Plummer: Mr... To the Administration, were... Commissioner Dawkins: Both of you are ugly. Commissioner Plummer: You should talk. Mr. Manager, were these people notified, that their item was on the agenda? They sent the letter. Unidentified Speaker: Yes, Commissioner. Commissioner Plummer: They were notified. Unidentified Speaker: Yeah. We normally call the people... Commissioner Plummer: The writer of the letter, you notified them of this being on the agenda and they didn't see fit to come here. Unidentified Speaker: That's what it appears. Commissioner Plummer: I withdraw the item. They were very bitterly complaining about crime in the area... Commissioner Dawkins: ...City program from somebody in there. Commissioner Plummer: ...and when I asked that it be placed on the agenda, I asked that it likewise, that they be notified and I guess maybe they are not interested, but I will be calling them to make sure. 247 January 14, 1993 � .eft {��'. �.�.'-.. -= Unidentified Speaker: OK. Commissioner Plummer: Because I surely asked that they be notified and I cannot believe that, as strong as that letter was, that they didn't actually show up here to make their case known but... Commissioner Dawkins: They could have been here, J.L., and got tired of waiting and left. - Commissioner Plummer: Well, they knew it was after five... after 4:00 o'clock. All right. I'll, at this point, ask for this matter to be deferred .:- until the next meeting. Commissioner Dawkins: Second. -- _ Commissioner Plummer: Where's 14r. Pajares? Would you meet me in my office, _ please, for a few minutes? ` Commissioner Dawkins: Your brother? Vice Mayor De Yurre: Do we have a motion and a second? Commissioner Dawkins: Yes. Vice Mayor De Yurre: OK. Call the roll. Commissioner Dawkins: J.L., you can't go any place. Commissioner Plummer: OK. No, I can't go. All right. Commissioner Dawkins: We only have three... THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEM 36 WAS DEFERRED TO THE NEXT CITY COMMISSION MEETING BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Commissioner Miriam Alonso Mayor Xavier L. Suarez COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Let's... Mr. Pajares, let me know when you can meet me in my office. Thank you, sir. This is in reference to 36? Vice Mayor De Yurre: Thirty-six. 248 January 14, 1993 ----------------------------------------------------------------------------- 41. DECLARE CITY OF VARNA, BULGARIA AS A SISTER CITY OF THE CITY OF MIAMI -- CITY OF MIAMI TO SEND A LIAISON TO EVALUATE THEIR HOUSING NEEDS. ------------------------------------------------------------------------------ Vice Mayor De Yurre: Thirty-seven. Commissioner Plummer: Who is proposing that? Commissioner Dawkins: Miller Dawkins. Commissioner Plummer: Then Miller Dawkins is responsible for the slste"r city program of this. You're making the motion? Commissioner Dawkins: Yes. So moved. Commissioner Plummer: I second it. Vice Mayor De Yurre: Discussion. What do they have they in common with us? Commissioner Dawkins: What do they have in common? Commissioner Plummer: Miller Dawkins. Commissioner Dawkins: They need to grow, as a possibility of reciprocal trade. Also, they ask that the City of Miami send someone to assist them in assessing their housing needs and development of their core area. Mr. Bailey was the individual sent by the Manager. Mr. Bailey came back with a request from them that they become a sister city with the City of Miami. They also were anxious to become a sister city with us so that they cancelled their city sisters affiliation with Jackson, Mississippi, because they were more desirous of being... of trying to be a sister city with us and develop a good relationship. Commissioner Plummer: To my colleague, Mr. Dawkins, sir, we are trying to bring sister city under the umbrella of international trade, which I think it rightfully belongs. But until such time, sir, we'll be more than happy to assist you in going through SCI (Sister City International), which is Sister City International, to tr.y to get the charter whenever you're ready, sir. Commissioner Dawkins: I move that we make this city a sister city with the City of Miami, with the understanding that all of the work would be done by J.L. Plummer and the International Trade Board and I just have to take the information to the city. So moved. Commissioner Plummer: Sir, we will be happy to do such for you. Commissioner Dawkins: Thank you, sir. Commissioner Plummer: And I'll even second the motion. 249 January 14, 1993 Vice Mayor De Yurre: OK. Call the roil. Commissioner Plummer: We'll send you a bill, but we'll be happy to do it. The following motion was introduced by Commissioner Dawkins, who moved Its adoption: MOTION NO. 93-41 A MOTION DECLARING THE CITY OF VARNA, BULGARIA AS A SISTER CITY OF THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO REFER THIS REQUEST TO SISTER CITIES INTERNATIONAL FOR ITS REQUIRED APPROVAL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Conmissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Commissioner Miriam Alonso Mayor Xavier L. Suarez 42. DISCUSS AND REFER TO CITY MANAGER REQUEST BY REPRESENTATIVES OF THE NEW WORLD FOUNDATION FOR PROPOSED PLACEMENT OF THE NEW WORLD STATUE (OF CHRISTOPHER COLUMBUS) ON CITY -OWNED LAND -- REQUEST MANAGER TO MAKE RECOMMENDATIONS. Vice Mayor De Yurre: OK. Item 39. Commissioner Dawkins: Thirty-eight. Vice Mayor De Yurre: New World Foundation. Commissioner Plummer: This is the one, I think... Paul, is this yours? This is the one for the statue of Christopher Columbus? Unidentified Speaker: Yes, sir. Commissioner Plummer: They are asking... They've been turned down in other places. They're asking only for the availability... You've probably all read about this, this Christopher Columbus statue that is being proposed for 250 January 14, 1993 South Florida. They are asking that they be given the right to discuss with — — the City Manager the possibility of finding a location within the City of Miami that could be suitable, which would be to the benefit of theirs, as well as to the benefit of the City of Miami. There are many aspects to this. This project is much larger than I ever envisioned. I think it's - what? Ten floors? Thirty floors? Unidentified Speaker: Yes, sir. Commissioner Plumper: It has the aspects of educational prospects with it. -= It has a lot of aspects, which they never asked to go into other than giving them the right to sit down and to negotiate, or talk with the City Manager about the possibility of bringing this to this community. I have no problem with giving them that right to talk, fully with their full knowledge that anything beyond talk would have to come before this Commission, so... Commissioner Dawkins: Well... Commissioner Plummer: ...if any of my colleagues have questions... Commissioner Dawkins: I explained to them that I wasn't talking about it at =` all, until I see the money. Once we see the money, I'm interested in finding a spot, or whatever they need, but, J.L. Plummer... Commissioner Plummer: Well, for my edification, delineate what you mean when you say the money. Are you talking about an annual guarantee? A lease? Commissioner Dawkins: I'm talking about the construction, building of, =� completion of, and ready to serve the citizens. I went through this with 3 Bayfront Park where the money was going to come up and we ended up... Commissioner Plummer: But you've got to wait a minute. —:A Commissioner Dawkins: ...getting $30,000,000 from the federal government and what have you, and I just don't... I told them in my office that I'm not __, discussing this, until they can assure me that they have the donations, or sponsorship, or whatever, and that's just my... Commissioner Plummer: Well, to my colleague, I think that's what they want the opportunity to have, is to sit with the Manager, to demonstrate that they do... without taking up our time, and I think we, as a Commission, should express to the Manager our concerns that we would want him to talk to these people about, get the answers, back up his opinions with the answers. And that's for the reason, as I say, the only thing I was willing to offer today, as I explained to them, was giving them the opportunity to go and to talk with the Manager. Now, if you want this other information up front, that's up to you. I thought we would get it when the Manager did his talk with these people. Commissioner Dawkins: OK. Vice Mayor De Yurre: Is that OK? Well, go ahead. 251 January 14, 1993 �f 1J 92 arc Commissioner Plummmer: Then I'll move at this time that they be given the opportunity to sit with the Manager and discuss this issue about the potential — furtherance of this before the City Commission. So moved. _ Vice Mayor De Yurre: We have a motion and a second. Please call the roll. - The following motion was introduced by Commissioner Plummer, who moved =- its adoption: — MOTION NO. 93-42 A MOTION REFERRING TO THE CITY MANAGER REQUEST BY THE NEW WORLD FOUNDATION FOR PROPOSED PLACEMENT OF THE CHRISTOPHER COLUMBUS NEW WORLD STATUE ON CITY -OWNED LAND; FURTHER INSTRUCTING THE MANAGER TO MEET WITH THE -� REPRESENTATIVES OF THE FOUNDATION TO REVIEW THEIR REQUEST AND COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: — AYES: Commissioner Miller J. Dawkins �- Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Commissioner Miriam Alonso Mayor Xavier L. Suarez - 43. DISCUSSION CONCERNING C.C.A.L. (d/b/a MIAMI STADIUM FLEA MARKET) -- ALLOW C.C.A.L. TO CONTINUE TO OPERATE ON SIDEWALK, PENDING CLEANUP OF = HURRICANE DEBRIS IN THE AREA. ------------------------------------------------------------------------------ Vice Mayor De Yurre: Item 39. Miller. You're on. Number 39. Commissioner Dawkins' request. Commissioner Hawkins: Yes, Arias, go right ahead. Mr. Tom Boreu: Good evening. We're here on an issue concerning the flea market over at the baseball stadium. What is the issue here is one of the side effects from Hurricane Andrew, I think, really. I think that things are well on their way to being resolved, and that as a result of the hurricane a lot of the debris were piled into the parking lot where this flea market was, and has been operating for approximately 12 or 13 years. You know, it's been close to five or six months now, and my clients have been forced to, at times, operate from the sidewalk, which they had been told that they could do. And then there was a bit of a mix up a couple of weeks back and the police came and pushed them off of these sidewalk areas, saying that they couldn't operate In the sidewalk area. They've tried to accommodate as best as they can, and 252 January 14, 1993 tried to operate from a small portion of the parking lot area, but it has not been the same as it was before the time of the hurricane. And they would like to have some type of an answer as to when they might expect d1i of the debris that's being stored there to be taken out, so that they can resume their functions as normal; and, part two, to formalize the contract which, in my understanding, was very close to being entered into. Vice Mayor De Yurre: Now, you didn't... Did you approach the Administration to get an answer? I mean, did it have to come to us? Mayor Suarez: It sounds like something that could be resolved administratively. Where are we on it, Wally? Max? Mr. Max Cruz: Well, the... Commissioner Dawkins: I asked them to come, because I've been disturbed because of all the debris that's stacked at Bobby Maduro Stadium, where they had the flea market. I explained to the Manager that that was a neighborhood that needed to be cleaned, just like this lot down here, across from the Grand Bay Hotel. We have yet, because of the location of that lot, which is in the middle of the black, the Latin, and the Puerto Rican, and everybody's neighborhood, they have not cleared that debris. Now, by not clearing that debris, those individuals who made a living and what have you in the flea market have been forced to attempt to find a solution to addressing their needs to make a living. And all we keep hearing is, they're going to move it tomorrow, they're going to move it the next day. And, Mr. Mayor, our Police Department, doing their job, went out and cited them for being on the right- of-way, on the sidewalk, disturbing the peace, or whatever. Mayor Suarez: They couldn't be anywhere else. Commissioner Dawkins: But there was no place else for them to be in the flea market. So, I need.., I'm the one who needs to know, you know, when are they going to be able to operate again as a flea market? Mr. Ron Williams (Assistant City Manager): Mr. Mayor, in response to Commissioner Dawkins' question with regards to the now chipped debris that's being staged there, as you well know, Commissioner Dawkins is correct, we use the area here on Sayshore Drive to stage debris, and we also use our parking lot at Bobby Maduro Stadium. That material now... Mayor Suarez: But this area here has been cleared now for a few weeks. Commissioner Dawkins: A whole... A few months, Mr. Mayor. Mayor Suarez: Yeah. Mr. Williams: Yeah. But the reason that... The reason that that has not been cleared, that was part of that chip, or not burn, burn discussion that was tied to Virginia Key. That material now has been chipped as part of the FEMA (Federal Emergency Management Agency) chipping program. It is now staged there in chips. We are presently working with some minority vendors, specifically black and female vendors, and FEMA, to try and get approval to give them a piece of that business to move that. It is anticipated that we'll have that done within two weeks. 253 January 14, 1993 1§ _ Commissioner Dawkins: Mr. Mayor, this is another example of my saying things and not being heard. Now, everybody up here heard me tell the Manager clearly, clean that lot, the same as you are cleaning the one down here in front of Bayside, because in that neighborhood we need it just as clean as this one. Here it is, August, September, October, November, December, January, and now you're... they tell me that they have just let some contracts to clear it. I mean... Mr. Williams: Commissioner Dawkins, let me explain to you. We did clear the problem debris that was in that lot. You raised the issue, because I think some residents were concerned that we had items other than pure organic chip debris there and that may have caused some other kinds of concerns. We did that, but at the same time this project was part of that chipping program. FEMA, like they said to you, and I believe I represented to the Commission, brought in their chipper, they have finished chipping that material. We've been trying to work through either taking that material to South Dade, or moving it out to the Dade County disposal facilities. Mayor Suarez: Very nice. Mr. Williams: We're now ready, through working with these vendors... And I must admit, we delayed it because we were trying to work with a specific group of individuals. Commissioner Dawkins: I under... All I'm saying to you is, sir... Mr. Williams: OK. And we're now ready to go with that. Commissioner Dawkins: All I'm saying to you, sir, is I would have felt much better, and been happier, if you and FEMA would have decided to use this lot In front of the Bayside Hotel, instead of the one where you are. Again, it's that neighborhood that nobody seems to care about, and it gets jerked around. Mr. Williams: Well... Commissioner Dawkins: I mean, whether... Mr. Williams: Commissioner Dawkins... Commissioner Dawkins: Whether it's perceived or real - OK? - it's there. Mr. Williams: Well, certainly, we care about that neighborhood. Conrnissioner Dawkins: OK? But it's perceived that you don't. OK? That's the perception. OK? Mr. Williams: That was... That's a piece of City property that we had available... Commissioner Dawkins: That's the... The neighborhood is the neighborhood. AK? They pay taxes, just like the Grand Bay Hotel. They pay taxes, just like the GDC Building. OK? They should not, Mr. Williams... And I'm sorry, I'm... They should not, Mr. Manager, have to worry about rats, rodents and 254 January 14, 1993 Mayor Suarez: May we assume... Mr. Williams; That problem was addressed, Commissioner Dawkins. That's not a problem. Mayor Suarez: Ron, but may we assume that the rest of the problem, what is left, what did not come to your attention until it was brought to your attention, perhaps, by this Commission, that it will be taken care of by the next meeting? You said two weeks. Mr. Williams: Yes. Mayor Suarez: Does two weeks mean two weeks? Mr. Williams: That means two weeks, Mr. Mayor. Mayor Suarez: Because the area does not look good. I don't want to say exactly what I'm thinking that it looks like, because... Mr. Williams: Well, the... Mayor Suarez: ...the words I would use would not be a good idea to use. You know, it kind of maintains an image... Mr. Williams: Certainly. Commissioner Dawkins: OK. Mayor Suarez: But it's a reality. It's more than an image over there... Mr. Williams: We... Mayor Suarez: ...at 28th Street and... all the way down to 20th and that whole area. As the Allapattah people told us when we were trying to relocate Camillus House, it just doesn't look good at all. And then on top of that, to have debris that is just sort of there, when everything else is clear, the one place where we still have it is Allapattah. Mr. Williams: I understand, Mr. Mayor, and we... Two weeks means two weeks. We resolved the immediate health concerns as raised by Commissioner Dawkins and the other issue we will have worked out. Commissioner Dawkins: OK. What can... All right. Now, what are we going to dog to assist these people to be able to operate their flea market until the debris is moved from where it is, so that they can go back to that part of the area that they have a license -- I'm sorry, Mr. Williams. - that they have applied for a license to operate in. Mr. Williams: We attempted to relocate the chips, Commissioner Dawkins. However, I must admit, we were not able to move enough of it out of the way. We need to get it out of there and that's what we'll do. 255 January 14, 1993 3 Commissioner Dawkins: OK. Now, somebody over there has to tell me how can we - OK... Tell them how many stalls, or merchants, or whatever you have, that they can operate with, and be off of the sidewalk, and out of the right- of-way, so that they can let the people who have been there... And 1 don't know. I'm just guessing. Somebody over there has to help me. ...the people who have been there the longest will be able to make a living. Mr. Williams: I don't know that, sir. Mr. Boreu: Well, if I could ask one question as well. For four or five months time, after the time of Hurricane Andrew when they were allowed to go back and try to function there, they had been operating from parts of the sidewalk. Is it not allowable for this two week period for them to work from the sidewalk? Commissioner Dawkins: It's illegal. Mr. Boreu: Is it? Commissioner Dawkins: Illegal. Mr. Max Cruz: OK. They have about 109 vendors that they have had for a long, long time - the last... about 10 years. What they are doing is they are rotating the vendors. One vendor is allowed one week and this guy cannot operate this weekend, he has to operate the next weekend, because they certainly cannot have all the vendors that they used to have doing business there. And they're getting the complaint from the vendors that they need to make a living. So, they have... I guess, two more weeks they will have the same problem, I would say. Commissioner Dawkins: For two weeks? So, for two weeks they have to put up, Max, with what we have. And at the end of two weeks, we'll be able to not solve the problem, but work the problem out by... with time. Is that what you're saying? Mr. Cruz: Well, see, the picking up of the garbage is not... We have to be... to listen... We have to listen to Ron Williams. He is the one that is in charge of that, so he said... Mayor Suarez: We heard from Ron Williams. On the part that has to do with you... Commissioner Dawkins: Thank you. Mr. Cruz: In the part that has to do with us, once the garbage is out, they can sign the contract that they have in their hands and move back in. Commissioner Dawkins: Now, wait a minute. Are you talking about garbage that's generated by the flea market... Unidentified Speaker: No, no. Commissioner Dawkins: ...or are you talking about the debris... 256 January 14, 1993 �rr Mayor Suarez: The debris. Debris. Mr. Cruz: Debris. Commissioner Dawkins: ...that was generated by... Mr. Cruz: ...debris that is there from the hurricane. Commissioner Dawkins: OK. All right. Now, I'm not interested in that right now, Max. I'm interested in space for the whatever percentage of the 109 people who need a stall, how can we accommodate them? That's what I'm asking. Mayor Suarez: And in view of the fact that we've had a lot of emergency solutions to problem - such as the trailers that we've allowed on certain people's properties, while they fix their, you know, homes, et cetera - you'd think that we could sort of, I don't want to say bend the rules, but that's what I'm thinking. Wally? Mr. Wally Lee: Mayor, I would suggest that they continue operating for... If it's a two week period, until we get their area ready, they continue operating on the sidewalks, as long as the citizens have access and ingress of the area. Mayor Suarez: Can I have a... Commissioner Plummer: You know what? Mayor Suarez: ...thorough... Commissioner Plummer: Why aren't you having those flea markets in downtown and Bicentennial Park? You know, you would absolutely help eliminate a very serious problem down there, if the activity was in the park. Really. Mr. Tony Pajares: Mr. Mayor... Commissioner Dawkins: Yeah. But then when you wanted them to move back to the area where they were, they may not want to move back, J.L. OK. Mr. Pajares: Mr. Mayor, I just wanted to say that the reason that they're working out where... out of the perimeter of the stadium was to accommodate them. We've had other facilities that were closed and other people have had to cancel their show. We allowed them on a... - and he knows it very well - we allowed them to do that. Mayor Suarez: Fine. But we want to get back to regular functioning of any and all things that keep people alive. Commissioner Dawkins: That's all. Mr. Pajares: Right in the parking lot. That's correct. Commissioner Dawkins: That's all. 257 January 14, 1993 t r r Mayor Suarez: And, Tony, as long as the Commissioner asked the question, and you and/or Parks, or someone, should really look to see what other... I mean, we should be thinking in a planning way. I'm not saying Bicentennial, but some area that might make more sense, and at some point could be made into... Mr. Pajares: Well* they love that particular... Commissioner Plummer: And bring activity back downtown. Mayor Suarez: Yeah. Closer to where you have, you know, larger numbers of people. Commissioner Plummer: We're putting a farmer's market in Bayfront Park. Mayor Suarez: Right. Commissioner Plummer: I don't even know that I really like that idea... Mr. Pajares: Well, it's up to them to... Commissioner Plummer: ...but it's activity. Mayor Suarez: You even got a positive article about that in the newspaper, which I was extremely surprised about. All right. I think we've acted pretty expeditiously on your concern, so... Mr. Boreu: I think that you have. There' some... Well... Mayor Suarez: And so, therefore, you are about to let us go to the next item, Tom. Mr. Boreu: That is true. If things are going to be cleared up in two weeks, I would ask if we could come back to the Commission again, just to see if there are any issues. Mayor Suarez: If need be. If need be. Commissioner Dawkins: OK. Mayor Suarez: The Commissioner can ask for it to be reviewed in two weeks, 1f he would like. Commissioner Dawkins: OK. Mr. Boreu: And there's one quick, quick point, and I'm not sure if this is the appropriate time or place, or if we can try to work it out with like Max and those folks. But as a result of storing all of the debris from the hurricane there, there were a lot of improvements that were made by them in the fence area and the parking lot area, which was part of the negotiations for them going in there. Commissioner Dawkins: FEMA will bring... FEMA will pay for it to be brought back up to the status that it was prior to the hurricane. 258 January 14, 1993 =- { Mr. Boreu: OK. Mayor Suarez: ►he'll work with you and FEMA, and by the way, we've got a great relationship with FEMA and, so far, have done really well on all the applications jointly with tenants of the City. Commissioner Dawkins: Mr... Tony, make sure, now, that we abide by the... Mr. Boreu: Great. Commissioner Dawkins: ...toilet requirements, because that was one of the beefs that the... Mr. Pajares: Yes. Commissioner Dawkins: ...residents around there were complaining about, there weren't enough toilets. Mr. Pajares: Yes, sir. Mayor Suarez: Very good. Mr. Boreu: So then, we're... it's understood that they can operate from the sidewalk area, until such time as the debris... Mayor Suarez: Yes. Now, you do have to work out the details with the Administration, but they've got the general policy indication from us. Commissioner Dawkins: And be sure you tell anybody who comes complaining that this is for two weeks only. Mayor Suarez: Please. Commissioner Dawkins: Because there are other people who are complaining that they don't want you there. Mr. Pajares: Yes. Mayor Suarez: Right. Unidentified Speaker: Thanks a lot. Mr. Boreu: Thank you very much. Commissioner Dawkins: OK. All right. OK. 259 January 14, 1993 44. DISCUSSION CONCERNING MR. ART MARTINEZ'S COMPLAINTS CONCERNING TOTAL LACK OF SECURITY, AND SAFETY PROBLEMS ASSOCIATED WITH HIS HOUSING PROJECTS (MIAMI LIMITED AND MIAMI LIMITED II) -- ADMINISTRATION DIRECTED TO ASSIST IN EVERY POSSIBLE WAY. Mayor Suarez: OK. Item 40, Very good, Commissioner. Item 40. Art... Is that a shortened version of Aristides? Mr. Art Martinez: Yes, Mayor. Commissioner Dawkins: Mr. Martinez, I don't even think you need to go into nothing. OK? Let me take... Let me tell them. Mr. A. Martinez: OK. Commissioner Dawkins: Mr. Mayor, and fellow Commissioners, and to the... Commissioner Plummer: They're saying I have no problem. That I can proceed to negotiate it. Unidentified Speaker: Great. Commissioner Dawkins: ...to the Nuisance Abatement Board. If anybody has tried to keep their property on target, and work hard to make affordable and decent housing for people, it has been Mr. Martinez. Out of all of the arrests that the City of Miami Police Department made for drugs in that area, Mr. Martinez called them. But yet, the Nuisance Abatement Board says the man didn't do anything. I have been out there. We have talked. We have walked. We have begged. We have pleaded. They have torn up the apartments. Mr. Martinez has taken money and fixed the apartments. But it's at a stage now where - and the Manager should be here - that something drastic has to be done. Now, if we're going to have to put a mini police station in one of Mr. Martinez's apartments, because he has fixed the gate six times and as he fixed the gate, they break the gate. And I can't prove it, but the people in the apartments cover for the people who are doing the illegal drugs. So, I need to know from this Commission what we can do to assist Mr. Martinez in removing the criminal element from his apartments... that is put a mini station, and he'll give us one of the apartments, we put a mini station in there, or what? Commissioner Plummer: I think you need to go one step further. And I've not been there and I readily admit it, but I take the man's word that I know as a long time as being honest. He's even put fences around the place. Commissioner Dawkins: Um-htrm. He has. Commissioner Plummer: I mean, metal fences around the place. He went to the expense of putting in central air, so they wouldn't have to be with open doors. He cannot control, nor does it seem like anybody can control this Jamaican gang that is existing in the area, who at will Just shoot up the area. And all I'm saying is here is a man who has gone to the Police Department, supposedly, and I'm sure he'll probably reiterate... 260 January 14, 1993 Mr. A. Martinez: Yes. Commissioner Plummer: ...and ask that the policemen, when they sit and make out their reports, please do it in front of one of his places... Commissioner Dawkins: You know... Commissioner Plummer: ...and was told by the Captain that they couldn't do that. The man is entitled, by being a virtue of a taxpayer, of police protection. And yet, instead of getting what he's asking for - the help, he's getting cited with Nuisance Abatement Board for this ordinance relating to known drug houses. Now, you know, he's invited them... Well, you go ahead _ and tell us. He's invited the police to come in to his place in there and help him clean it up. Commissioner Dawkins: And when we had the POP unit, I mean... Somebody, anybody back there in the Police Department. When we had the POP unit, the POP unit was helping to clean up the area. Then the Police Department got a bright idea to take the POP unit and take it over on Biscayne Boulevard... What do they call it, Joe, when they got it over on Biscayne Boulevard? The what kind of team? Mayor Suarez: Oh, yeah. That's another acronym. Lt. Joseph Longueira: Do we still have POP? Assistant Chief Raul Martinez: The other POP is still in... Commissioner Dawkins: No... Come on, now. Hey! Hey, I've been here longer than that now. When they... When it was POP, you moved it over there with i the neighborhood something. Lt. Longueira: No, we did for a while something called NEON, which is a special project... Commissioner Dawk°las: Ahht Thank you. That's it. Lt. Longueira: ...but POP continues in that target area. Commissioner Dawkins: See... But... Mayor Suarez: That's right, we're getting like the army. We have an acronym for everything. Commissioner Dawkins: But go ahead. Assistant Chief Martinez: Yeah. He's thinking of NEON. Commissioner Dawkins: But, I'm telling you, I was out there with him one day and I got into an argument with the neighbors. I go to my car phone - me, the Commissioner - and call for help. I called the Police Department and it was 35 minutes before a car came to help the Commissioner. 261 January 14, 1993 �t�s� �.3 Mr. A. Martinez: Yeah. Commissioner Dawkins: Now, what would the private... What did the private citizen get? Mr. A. Martinez: Well, first of all... Commissioner Plummer: Well, that's not really the point. The point is even a private citizen had to wait 35 minutes. He's most likely going to be dead. Private or public. Mr. A. Martinez: Yeah. To give the Commission... I think they need to have a little background that, you know, we're talking about approximately 260 apartment units that have approximately 556 little children that live there. Not too long ago, we had a car that went by and somebody stood through the sun roof and shot one of the buildings, while the children were playing in the parking lot. It has gotten to the point that today we were trying to get some of the tenants, the residents, to come here to speak to you and they are afraid for their lives. I am here to beg of you to provide us with police protection there on a permanent basis, a marked car with two policemen, four policemen, two marked cars. We have met with the police station, with Major Cheatham. We have a very good working relationship with him. He, of course, does not have the manpower to provide us with that. We have... He has other things that he has to... other emergencies that he has to attend to. But it seems to me that, you know, we could do in there the same thing that we're doing here in Coconut Grove with the NET (Neighborhood Enhancement Team) type of program,. And we need it, we have... Commissioner Plummer: We've got 14 policemen at Bayside. Mr. A. Martinez: This is one of the highest crime areas. We pay... These buildings, by the way... Commissioner Plummer: Fourteen policemen at Bayside. Mr. A. Martinez: ...are financed by the consortium of eight banks, eight local banks. Cmmissioner Plummer: Fourteen SWAT officers at Bayside. What's most important? Mr. A. Martinez: That 1f the people... The people really have not moved from these buildings, only because they do not have the means to move to another location, since all of these properties are subsidized. Mayor Suarez: And one of the things that we have to do, obviously, is just show a lot more police presence there. And this Commission is not necessarily the place to do it, but I think as much as we can give an indication to the Administration that you ought to try every kind of operation, POP, NEON and a few others. Mr. A. Martinez: But we need a... We need... Mr. Mayor, we do need the car. 262 January 14, 1993 Mayor Suarez: And if you can structure... Malt, wait, Art. And if you can structure a mini station, a permanent mini station of some sort, mini mini = station, like Rainbow Towers, Rainbow Village, or some of the other ones we've got... We've done those 1n residential facilities, residential projects. The manpower isn't quite what you would like the criminals to think that it is, but we don't need to tell them exactly what kind of manpower goes with that. A lot of times it's... It looks like more than waat it is. But it's... your —_ office of space is great and... Mr. A. Martinez: Yes. Mayor Suarez: ...that's part of the issue here. Mr. A. Martinez: The problem is that we have a situation where, you know, in my opinion, children are going to be killed in there, and if we do not have the manpower, if we cannot make... if this City Commission cannot make the manpower available... Mayor Suarez: We're going to try. Mr. A. Martinez: ...to this... Mayor Suarez: We're going to try. We technically... As you know, Art, we technically cannot tell them to assign one officer to there, as much as J.L. was just implying that we'd like to take maybe one out of the 14 that are at Bayside and move them over there, or, you know, one that is somewhere else. Mr. A. Martinez: I didn't know. Mayor Suarez: So, we don't have that, but we can certainly put, you know, as much importance on this as you are placing on it. And some of it doesn't always get announced right away, some of the operations that tell a gang this is not an ideal place for you to stage your activities, are not announced. Believe me, we know how to do them. And I think that they are well apprised of what's going on there and we're going to take action accordingly. And I'd like you to do the following: call any one of us, including Commissioner Dawkins who has taken an active interest in this, but also call my office by a week from this Friday, if you haven't seen a substantial improvement there. Mr. A. Martinez: OK. Mayor Suarez: Would you do that? Pierre? Doug? Are you guys set? Mr. Pierre Rutledge: We... Mr. A. Martinez: Now, the Nuisance Board thing, do I still have to go and appear there? Mr. Rutledge: Yes. Mayor Suarez: Yeah. That procedure goes on, Art. I don't really know what your rights and liabilities are, but we'll be hearing, possibly, afterwards from you, because I think appeals can be taken to this Commission. I'm not saying that you should. 263 January 14, 1993 ICJ' f i,, fj ANAL Mr. Rutledge: No. Mayor Suarez: Hopefully, you can work things out with the board. Commissioner Dawkins: OK. OK. Mr. Rutledge: The appeal process goes to lath Judicial Circuit Court. It does not come to the Commission. -- Commissioner Dawkins: OK. Well I'm going to tell you and the Nuisance Abatement Board, you did all you wanted to do on Biscayne Boulevard. You -- worked with the police, you set up things, you did everything to get the -- hookers off Biscayne Boulevard. And then, when you couldn't get... Commissioner Plummer: And they did a good job. Commissioner Dawkins: And then, when you couldn't get the hookers off, then you decided to close the motels, who were in business with the hookers all the time. Now, the Nuisance Abatement Board has not been out here to offer this man any assistance at all. But yet, you didn't offer him any assistance and now you want to cite him. But yet, you offered all the assistance you could offer on Biscayne Boulevard. That's not right. Mr, A. Martinez: Yeah. And I would like to just, for the record, for the Commission to know the things that we do, you know, in order to try to help the situation, you know. All of our tenants, before they move in, are checked for criminal background. And we are now doing this for the ensuing years as long as they are there. We have, as you have discussed, an eight foot high wrought iron fence around all of our buildings. Our lease provides that any drug activity at all is reason for eviction. We have signs in all of our buildings that authorize the police to enter the premises and arrest any suspected individual. This is in all of our buildings, as well as the phone number of the police... Mayor Suarez: Art, I strongly suggest you save this presentation to... for the Nuisance Abatement Board and also tell them that we have acknowledged some share of the problem. Because if you have third parties, outsiders, none of your tenants who are creating a problem... Mr. A. Martinez: Right. Mayor Suarez: ...that's our turf. That's our territory. So, you can use that testimony to your advantage. Commissioner Plummer: Yeah. But somewhere, Mr. Mayor, along the line, everything we do is a matter of priorities. You have 14 sworn police officers and three sergeants guarding Bayside, and we can't get one policeman to address this issue? Something's wrong. Something is wrong. Now, I have said to the Administration time and time again, we need to take those policemen out of Bayside. I thought 1t was a great thing to put the rangers down there, when the rangers no longer had their beats downtown. And the 14 officers and the three sergeants are still there. Now, you know... 264 January 14, 1993 Mayor Suarez: I'm not saying that's the ideal level of deployment.... Commissioner Plwmer: I don't understand. I don't hire... Mayor Suarez: ...but we do have... Commissioner Plummer: I don't hire policemen, I don't think, to be guarding Bayside. They're to enforce the laws. Mayor Suarez: We have 14,000,000 people a year going through Bayside, that works out to one officer for every 1,000,000 people over the life of... over the span of a year. Commissioner Plummer: Mr. Mayor, are you saying that we should supply 14 police, 17 policemen for every place that's busy? Commissioner Dawkins: J.L., I can't tell the Manager how to run the City... Commissioner Plummer: I can't either, but boy I can sure wonder about... Commissioner Dawkins: ...but I know that Major Cheatham knows what the hell he's doing, if you give him the manpower. Commissioner Plummer: Yeah. But his hands are tied. Commissioner Dawkins: I know that Lieutenant Christmas knows what he's doing... Mr. A. Martinez: Yes, sir. Commissioner Dawkins: ...if he gets the manpower. Mr. A. Martinez: Yes, sir. Commissioner Dawkins: I know that Lieutenant Dowling knows what he's doing out there, if he gets the manpower. But as J.L. said, you've got 90 policemen In Coconut Grove on the weekend... Commissioner Plummer: At time and a half. Commissioner Dawkins: ...at time and a half. Commissioner Plummer: After five years. Commissioner Dawkins: And then you've got 14 policemen in Bayside. But yet, in Liberty City where crime runs rampant, and where all you've got to do to stop all the drug sales is let a motorcycle cop... I mean, the motorcycle cop, is... he could just circle the block. But we, for some reason, somebody Is not listening to the street policeman. Mr. A. Martinez: Right. Commissioner Dawkins: Somebody who thinks they know about police work, who's sitting up making decisions, is not listening to the man in the street who 265 January 14, 1993 R • knows how to fight crime and telling you how to do it. And somebody needs to get that over to somebody. Because 1f this gentleman here... How many buildings have you got over there, Art? Mr. A. Martinez: Thirteen, sir. - Commissioner Dawkins: If this gentleman here decides to walk away from 13 buildings, you've got 13 vacant buildings that are going to be vandalized and maw we're in trouble. Plus, Mr... Where is Mr. Bailey? How much the federal government we... How much money would we owe the federal government, if he walked out, Mr. Bailey? Mr. Herb Bailey (Assistant City Manager): Approximately $4,000,000. Commissioner Dawkins: If he walked out on all 13 of them? Mr. Bailey: We'd lose it all on second mortgages. Commissioner Dawkins: See? I mean, so now... You all talk about saving money, until you get to Liberty City. When you get to Liberty City, you all don't want to... you won't talk about saving money. Commissioner Plummer: Art, my good friend, things are going to approve for two weeks, and I can assure you, it will be back to business as usual after that. Mr. A. Martinez: Well... Commissioner Plummer: OK? At least you get some relief for a couple of weeks. Mr. A. Martinez: I can only tell you that what Major Cheatham told me yesterday, or the day before yesterday when we met with him and Mr. Bailey. He says we have to have this presence here continued. If we only do it for two weeks, they're going to go out for two weeks and then they're going to come right back. So, I mean... Commissioner Dawkins: That's the drug flea market. You can get anything in there you want. It's a drug flea market. Mr. A. Martinez: ...this is a problem. Commissioner Plummer: That's right. Mr. A. Martinez: We have 556 kids there that are going to be killed, they're going to all die... Commissioner Plummer: You're kidding yourself. Mr. A. Martinez: ...and I just want everybody to know. Commissioner Plummer: Well, you know, it's the idea we've got to have policemen out in boats. I don't know why. 266 January 14, 1993 Mayor Suarez: Well... Commissioner Plummer: We've got policemen on mounted patrol who write nothing but parking tickets and I never saw a parking meter stick a gun in anybody's face yet - 18 of them. We've got 17 of them at Bayside, and I keep saying, as long as we are using... Commissioner Dawkins: Yeah, but Bayside... You need them to keep them from snatching pocketbooks and things. Commissioner Plummer: Well, hey, they've got security force there, like other businesses. OK? And I'm saying to you that as far as I'm concerned, we're continuing to use policemen to write reports, instead of going out enforcing the law. I keep trying to increase the public service aides. The faster we put them into the system, the faster they're disappearing. They're not out writing the reports. I don't know where they are. And we will never have enough policemen, because there's 50 percent of their time is secretarial. Mayor Suarez: All right. Commissioner Plummer: And yet, the people of this town continue to wonder. Mayor Suarez: The Nuisance Abatement Board, apparently, is going to be considering what aspects of your operation... Commissioner Plummer: Can I ask of the... Mayor Suarez: ...are violations of that ordinance and that's something that, you know... it's in the ordinance, so you're going to have to argue to them, Commissioner Plummer: What did... What did you cite him for? Mr. Rutledge: Drug related public nuisance. Commissioner Plummer: You cited the owner for drug related what? Mr. Rutledge: The property is cited for drugs related public nuisance. Commissioner Plummer: Drug related.,. In other words, you're holding him responsible for what goes on in the property, even though he has asked for help and gets none. Is that a true statement? Mr. Rutledge: Well, I can answer the first part of your statement. We are holding him responsible for what goes on his property. The answer to that is yes. The second half of the statement, I can't answer to that. Commissioner Dawkins: But, Mr. Rutledge, did you... Commissioner Plummer: Weil... Commissioner Dawkins: ...have you seen the police report to check to see if this gentleman attempted to have the police stop the drug sales in his area? Mr. Rutledge: I've seen about seventy something reports from this property. 267 January 14, 1993 x� . Commissioner Dawkins: Beg your pardon? Mr. Rutledge: I've seen about 70 reports from this property. Commissioner Dawkins: Who called to the police on the reports that you saw? Who actually asked the police to come? Mr. Rutledge: It varies. On some... There is one that we have that the management called the police. There are some 69 others that the police either responded to shootings, or made direct arrests on the property on their own. Commissioner Plummer: You've really got to feel sorry for the people who live there. Commissioner Dawkins: The shootings were on the property and not in the streets. Commissioner Plummer: That's who you've got to feel sorry for. Mr. Rutledge: I'm not... I couldn't tell you from looking at this right now. I'd have to do research. Commissioner Dawkins: OK. I know. Well, it was in the streets. Mr. Rutledge: Can I ask something? Commissioner Dawkins: Go right ahead, Mr. Rutledge. Mr. Rutledge: Just last night there was a drug seizure at this location. Mr. A. Martinez: Yeah. I'd like to add that... You know, Major Cheatham is here. We have called Lieutenant Christmas innumerable times to tell him where, you know, we think that they have stashed some of the drugs and so forth, you know. So, the people that are mentioned in the citation that you sent to me, none of them are residents of my building. I just wanted you to know. Commissioner Plummer: Can I ask, is Major Cheatham here? Major Bobby Cheatham: Yes, I am. Commissioner Plummer: Mr. Cheatham... Major Cheatham, for the record, sir... may I ask of you, just for the record, has this gentleman been in constant contact with you, asking for help? Major Cheatham: What Lieutenant Christmas made me aware of... today, before I came, I asked specifically that, as to the number of times that we've gotten information from him and he said... Commissioner Plummer: Or asking for help. Major Cheatham: ...or his... 268 January 14, 1993 Major Cheatham: ...people in the building, and he said personally, to his knowledge, he has received four or five calls from the owner, or his agent, but most of them were recent, since the nuisance type action started. Mr. Rutledge: And I have not heard from Mr. Martinez at all. Commissioner Plummer: ©K. Thank you. Major Cheatham: Commissioner Plummer, one of the things I'd like to address Is a citation to the board is to discuss the discontinuing of the nuisance, but also to find a remedy. It doesn't mean that he's going to be closed down. It's to discuss a willingness between the owner and the City to work out something to try and help him. You know, not all the time is it adversarial, but it's a way to bring the parties together in a legal format to work it out. We don't have... always have the concurrence of property owners to work with us. Mayor Suarez: And we've preempted some of that today, which really isn't quite the way it's supposed to work, but we did it out of courtesy to a citizen, and an important... Commissioner Plummer: Well, I sure... Mayor Suarez: ..builder in our community. Commissioner Plummer: 1 think we should be about the business, if it's possible, to try and help these people - If it's possible. Mayor Suarez: All right. Thank you. 45. (Continued Discussion) CONFIRM CITY ATTORNEY'S REAPPOINTMENT OF SWEETAPPLE, BROEKER, VARKAS, PA TO SERVE AS SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD (See label 7). Commissioner Plummer: Mr. Mayor, does that conclude the regular agenda? Mayor Suarez: Yeah. Except we've got a few items left... Commissioner Plummer: Oh, no. We've got to appoint their counsel. Unidentified Speaker: There was an item that we had on the consent agenda... Mr. A. Martinez: Thank you. Unidentified Speaker: ...CA-21 that was deferred. Commissioner Plummer: I move it. 269 January 14, 1993 S Commissioner Alonso: CA? Mayor Suarez: Twenty-one. Unidentified Speaker: Twenty-one. Commissioner Alonso: Oh. — Mayor Suarez: Moved and seconded by Commissioner Alonso. Commissioner Plummer: Excuse me. That was the recommendation of the board = that this firm be used. Commissioner Dawkins: What board? Unidentified Speaker; Yes. Along with the City Attorney. Commissioner Plummer: The Nuisance Abatement Board. Unidentified Speaker: Yes, sir. Commissioner Dawkins: OK. Mayor Suarez: Consent agenda item. Mr. Jones: With the concurrence of the City Attorney. Commissioner Dawkins: OK. Yes, it is. And we concur. Mayor Suarez: OK. We've got to vote on it, so.t. Commissioner Dawkins: OK. Mayor Suarez: Call the roll on CA... Commissioner Dawkins: I move it. Mayor Suarez: It has been moved and seconded. Call the roll on CA-21. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-43 A RESOLUTION CONFIRMING THE CITY ATTORNEY'S REAPPOINTMENT OF THE LAW FIRM OF SWEETAPPLE, BROEKER, VARKAS, P.A. TO SERVE AS SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD, AT THE RATE OF COMPENSATION SPECIFIED HEREIN; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $18,000, FROM F Y 192-93 BUDGETED FUNDS OF THE NUISANCE ABATEMENT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 270 January 14, 1993 Upon being seconded by Commissioner Alonso, the resolution was passed And adapted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None, COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Oh, no. Mayor, we've got two items. Thirty-four is it? 46. (Continued Discussion) CITY COMMISSION INTRODUCES TERRENCE GRIFFIN, THE NEWLY -APPOINTED ASSISTANT DIRECTOR OF PARKS AND RECREATION COMMISSIONER DAWKINS POINTS OUT THAT MR. GRIFFIN IS THE FIRST BLACK ADMINISTRATOR IN PARKS DEPT. (See label 2A) Commissioner Dawkins: We've got pocket items. I don't know where you all are going. Commissioner Alonso: In fact... Commissioner Dawkins: Mr. Terrence? Commissioner Plummer: No, we've got 34 and 35 of the regular agenda. Mayor Suarez: Please, please. Commissioner Dawkins: OK. Mr. Terrence, would you stand? Mayor Suarez: Please. Commissioner Dawkins: I would like to introduce the first black that was named as an administrator in the Parks Department. They finally decided to get one. Go right ahead, Mr. Manager. Mr. Cesar Odio (City Manager): No... Terrence... Please. Terrence Griffin, he's been a City employee for 16 years, and he's been promoted to Assistant Director of Parks and Recreation, and we are proud of him because he has came through the ranks in the City of Miami. Commissioner Plummer: Our condolences. 271 January 14, 1993 Mayor Suarez: Now are we doing on lights? Mr. Odio: You know, you have to deal with him. Mayor Suarez: Terry, how are we doing on lights - Virrick, and Shenandoah, and some of the other parks? We're still waiting for somebody to cane and sort of... Unidentified Speaker: FEMA (Federal Emergency Management Agency). Mayor Suarez: ...do a grid of some sort to show that the lights, if we turn them on, are not going to hurt somebody somehow? Commissioner Plummer: Florida Power and Light will tell you they can't have... stand for 38... Mr. Odio: We... Mayor Suarez: I shouldn't put that question to you. Mr. Ruder, as long as he's up there... Mr. Terrence Griffin: Yes. Unidentified Speaker: He just got in. Mr. Odio: He just walked in the door. Mr. Griffin: I'm not in yet. Not until Kevin Smith has left. Mr. Odio: We have a... DSRs, those are the forms we need to fill out for FEMA. Mayor Suarez: Yeah. That's all great. I wish you would just turn on the lights at Virrick Park, and Shenandoah, and if you tell me that it's because we can't just turn them on, we can't replace the lights because you've got to have a grid of some sort that looks to see if the lights are shining in all the right directions... Commissioner Plummer: Florida Power and Light... Mayor Suarez: ...because otherwise kids are going to fall, I heard you the first time telling me that. And I'm telling you what the kids are telling me is, please turn on the lights, never mind the grid, never mind FEMA, never mind an accident, there not going to have more accidents with more lights, I guarantee you. Commissioner Plummer: No, I brought that up this morning but... Mayor Suarez: I don't care if the lights don't point exactly right. Could we try to just be a little more common sensical about that, Mr. Ruder, sir? Commissioner Plummer: I... 272 January 14, 1993 Mayor Suarez: Before you go off to Miami Beach, too, like Kevin Smith back there, who seems so happy. Wait until you hear the problems at Miami Beach. Commissioner Plummer: With a little bit of luck, we're going to get rid of Diane, but... Mr. Odio: Let me tell you that Diane Johnson is going to... is an asset to the Parks and Recreation Department... Mayor Suarez: If all of these gentlemen can't solve the problem of the lights, the ones that are staying, the ones that are coming in, the ones that are leaving, Diane, would you try to solve the... Commissioner Plummer: Yeah. Mayor Suarez: Thank you. Commissioner Plummer: Roger Carlton has established the City of Miami in exile... Mayor Suarez: Congratulations, Terry. Commissioner Plummer: I move item 34. Mr. Griffin: Thank you. Mayor Suarez: You've been most eloquent today. 47. AUTHORIZE INCREASE (NOT TO EXCEED $125,000) FOR CONTRACT WITH ROENCA- DADE, INC. -- FOR THE SOUTH FLAGLER SANITARY SEWER IMPROVEMENT B-5540. Mayor Suarez: Item 34. Commissioner Plummer: 1 move it. Mayor Suarez: It needs a four -fifths vote before... Commissioner Plummer: It takes a four -fifths vote, right. Mayor Suarez: So moved and seconded. Commissioner Plummer: Public Works screwed up again. Mayor Suarez: Old. Call the roll on 34. 273 January 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION! NO. 93-44 A RESOLUTION AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $125,000.00, FOR THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND ROENCADADE, INC., DATED FEBRUARY 27, 1990, FROM $3,362,276.00 TO $3,485,276.00, FOR THE SOUTH FLAGLER SANITARY SEWER IMPROVEMENT B-5540, CAPITAL IMPROVEMENT PROJECT NO. 351168, WITH SAID FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10642 FROM FUNDS ALREADY APPROPRIATED TO THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT 'SHE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 48. WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS -- APPROVE PURCHASE OF A CRASH KIT: FOR UNINTERRUPTED POWER SUPPLY (UPS) SYSTEM OF FIRE DEPARTMENT'S COMMUNICATIONS CENTER -- FROM ELGAR CORPORATION, SOLE SOURCE VENDOR. Mayor Suarez: Item 35. Commissioner Plummer: Move 35. Thirty-five, I move. — Mayor Suarez: So moved. Commissioner Plummer: Public Works screwed up again. Mayor Suarez: Seconded by Commissioner Alonso, scratching the back of her head. That's close enough. Call the roll. 274 January 14, 1993 41, Commissioner Plummer: That's the third... The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-45 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF A CRASH KIT: FOR THE UNINTERRUPTED POWER SUPPLY (UPS) SYSTEM OF THE FIRE DEPARTMENT'S COMMUNICATIONS CENTER FROM ELGAR CORPORATION, THE SOLE SOURCE VENDOR FOR THIS EQUIPMENT AT A PROPOSED COST OF $14,000; ALLOCATING FUNDS THEREFOR FOR THIS PURCHASE FROM THE ENHANCED 9-1-1 PROJECT 506001, INDEX CODE NO. 420604- a40; 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.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 275 January 14, 1993 ;c:� ---------------wow--- n---.----a----.------------------------------------------- 49. (A) FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: TRANSPORTATION PLANNING AND COORDINATION -- APPROPRIATE $155,000 FOR OPERATION, CONSISTING OF: (a) $120,000 GRANT FROM -- METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA ` MPO; AND (b) $35,000 FROM PRIVATE DEVELOPER -- AUTHORIZE ACCEPTANCE OF GRANT. (B) (Continued Discussion) AUTHORIZE EXECUTION OF INTER -LOCAL — AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, CITY OF HIALEAH, AND CITY OF HOMESTEAD -- TO IMPLEMENT THE RECONSTITUTION OF THE METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE MIAMI -- URBANIZED AREA (See label 13). Mayor Suarez: Item 5. Commissioner Plummer: Are we now... Is that... Mayor Suarez: Item 5 from the morning. Commissioner Plummer: What regular or consent? Commissioner Alonso: Thirty-five? Mayor Suarez: Regular. Ms. Matty Hirai (City Clerk): Yes. Commissioner Alonso: Regular... Mayor Suarez: Joe McManus, this is your... Mr. Cesar Odio (City Manager): Oh, the one on the MPO (Metropolitan Planning Organization) . Commissioner Plummer: Oh... Mr. Joe McManus: I had the opportunity... Commissioner Plummer: Excuse me. The Mayor was the one who asked that he was going to come back later and he... Mayor Suarez: Yes, yes. The resolution... Commissioner Plummer: ...in the afternoon. Mr. Odio: Here... Mayor Suarez: ...that I would ask you to vote on, in addition to... Mr. McManus: Five. 276 January 14, 1993 Mayor Suarez; ...the one that you wanted, Commissioner Plummer, would read as follows... [AT THIS POINT, MAYOR SUAREZ READ PORTIONS OF THE RESOLUTION INTO THE RECORD.] ...we really haven't been. So I continue there, is a tittle bit of an exaggeration. I have been, by virtue of appointment by the governor, a member of the MPO government board... Commissioner Plummer: This isn't what you gave me. [AT THIS POINT, MAYOR SUAREZ CONTINUES TO READ PORTIONS OF THE RESOLUTION INTO THE RECORD.] Commissioner Plummer: Move it. Quit. Moved. Mayor Suarez: Thank you. Commissioner Alonso: Yes, but, all the things that we discussed in the morning are also... the money... this is the.., Mr. McManus: That's... This is the resolution... Mayor Suarez: Let's get this, if we may, and then we go to the money, to be sure that we're OK on the money. Mr. McManus: And then there's a... Commissioner Plummer: A third of the money goes to IT8 (International Trade Board). Yes. Commissioner Alonso: Yes. Mr. McManus: There is a separate ordinance, which is number five. Mayor Suarez: We've got to do that. Yeah. Please, let's... Commissioner Plummer: OK. Mr. McManus: And we had a... We had an agreement with ITS now. Mayor Suarez: ...pass this and then we can... Commissioner Plummer: All right. Fine. Commissioner Alonso: Yes. Meaning the feasibility study is going to be done for the area of... Mayor Suarez: Right. Commissioner Plummer: All right. So, we're moving this one now. Call roll on this one that you just presented. Mayor Suarez: Thank you. Moved and seconded by Commissioner Alonso. Call the roll on that. 277 January 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-46 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, METROPOLITAN DADE COUNTY, THE CITY OF MIAMI BEACH, THE CITY OF HIcALEAH AND THE CITY OF HOMESTEAD, SAID AGREEMENT TO IMPLEMENT THE RECONSTITUTION OF THE METROPOLITAN PLANNING ORGANIZATION ("MPO") FOR THE MIAMI URBANIZED AREA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Plummer: The pocket item... Mayor Suarez: Now, item 5... Commissioner Plummer: Now I move item 5. Mayor Suarez: Item 5. Commissioner Plummer: As amended. Mayor Suarez: As amended. Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Read the ordinance, please. Call the roll. 278 January 14, 1993 AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "TRANSPORTATION PLANNING AND COORDINATION”; APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $155,000 CONSISTING OF A $120,000 GRANT FROM THE METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA "MPO", $35,000 FROM PRIVATE DEVELOPER CONTRIBUTION, OF WHICH $5,000 IS AN OVERMATCH; MAKING APPROPRIATION; FURTHER, AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MPO; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: 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. 50. (Continued Discussion) FIRST READING ORDINANCE: AMEND CODE SECTION 2- 422(b)(1) -- REQUIRE THAT TERM OF COMMISSIONER SERVING AS CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD BE REVIEWED BY THE COMMISSION ON OR ABOUT JUNE 1ST EACH YEAR, RESULTING IN SELECTION OF A NEW CHAIRPERSON OR REAPPOINTMENT OF EXISTING CHAIRPERSON (See label 16A). ------------------------------------------------------------------------------ Mayor Suarez: Item 8. Commissioner Dawkins: Let's do... Commissioner Plummer: Item 8? What,,.. Commissioner Dawkins: Eight? Commissioner Plummer: Where do you get the... 279 January 14, 1993 �b y Mayor Suarez: Eight and nine from the morning have to be done. Commissioner Plummer: Where the hell are you getting these... Mayor Suarez: I think they have to be done. A. Quinn Jones III, Esq. (City Attorney): Here. Commissioner Alonso: Eight? Mr. Jones: It's eight and nine. I revised the language. Commissioner Plummer: Oh, yeah. Yeah. Mayor Suarez: You've got the wording on that, Mr. City Attorney? These are the ones that we needed to be neutral about who... Commissioner Plummer: First reading? Mr. Jones: Yes. Mayor Suarez: ...whether there would be a... Commissioner Plummer: First reading. I move 8. Mayor Suarez: ...reappointment of... with the new wording. Commissioner Plummer: Who cares? Mayor Suarez: Please. Commissioner Plummer: First reading. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - Alt right. So moved on first reading AN ORDINANCE AMENDING SECTION 2-422(b)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REQUIRING THAT THE TERM OF THE CITY COMMISSIONER SERVING AS CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD BE REVIEWED BY THE CITY COMMISSION ON OR ABOUT JUNE IST OF EACH CALENDAR YEAR, RESULTING IN THE SELECTION OF A NEW CHAIRPERSON OR THE REAPPOINTMENT OF THE EXISTING CHAIRPERSON; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: 280 January 14, 1993 Mayor Suarez: Eight and nine from the morning have to be done. Commissioner Plummer: Where the hell are you getting these... Mayor Suarez: I think they have to be done. A. Quinn Jones III, Esq. (City Attorney): Here. Commissioner Alonso: Eight? Mr. Jones: It's eight and nine. I revised the language. Commissioner Plummer: Oh, yeah. Yeah. Mayor Suarez: You've got the wording on that, Mr. City Attorney? These are the ones that we needed to be neutral about who... Commissioner Plummer: First reading? Mr. Jones: Yes. Mayor Suarez: ...whether there would be a... Commissioner Plummer: First reading. I move 8. Mayor Suarez: ...reappointment of... with the new wording. Commissioner Plummer: Who cares? Mayor Suarez: Please. Commissioner Plummer: First reading. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - Alt right. So moved on first reading AN ORDINANCE AMENDING SECTION 2-422(b)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REQUIRING THAT THE TERM OF THE CITY COMMISSIONER SERVING AS CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD BE REVIEWED BY THE CITY COMMISSION ON OR ABOUT JUNE IST OF EACH CALENDAR YEAR, RESULTING IN THE SELECTION OF A NEW CHAIRPERSON OR THE REAPPOINTMENT OF THE EXISTING CHAIRPERSON; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: 280 January 14, 1993 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. 51. (Continued Discussion) FIRST READING ORDINANCE: AMEND CODE SECTION 14- 26(c)(1) -- REQUIRE THAT TERM OF COMMISSIONER SERVING AS CHAIRPERSON OF 'THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD BE REVIEWED BY THE COMMISSION ON OR ABOUT JUNE 1ST EACH YEAR, RESULTING IN SELECTION OF A NEW CHAIRPERSON OR REAPPOINTMENT OF EXISTING CHAIRPERSON (See label 16B). Mayor Suarez: And item 9 the same... Commissioner Plummer: Move it. Mayor Suarez: ...as to the other board. Moved. Commissioner Alonso: Second. Mayor Suarez: Second. Read the ordinance. Call the roll. Commissioner Plummer: Did you insert J.L. Plummer's name in there for the DDA (Downtown Development Authority)? Mayor Suarez: Call the roll. Commissioner Plummer: I'm going after it this next go around. Mayor Suarez: All right. Commissioner Plummer: I've got your vote, Miller. Commissioner Dawkins: OK. You've got it. Mayor Suarez: Call the roll, please. l Mr. Odio: I'm voting against it. Mayor Suarez: Please. - -r' - 281 January 14, 1993 • AN ORDINANCE AMENDING SECTION 14-26(c)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REQUIRING THAT THE TERM OF THE CITY COMMISSIONER SERVING AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD BE REVIEWED BY THE CITY COMMISSION ON OR ABOUT JUNE 1ST OF EACH CALENDAR YEAR, RESULTING IN THE SELECTION OF A NEW CHAIRPERSON OR THE REAPPOINTMENT OF THE EXISTING CHAIRPERSON; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Aionso and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: With me the next chairman, I vote yes. So help me God. ----------------------------------------------------------------------7------- 52. (Continued Discussion) ACCEPT BID OF MIAMI FIRE EQUIPMENT -- FOR FURNISHING INSPECTION, TESTING AND REPAIR SERVICES TO CITY FIRE EXTINGUISHERS (See label 4). -------------------------------------------•------------------------------------ Commissioner Dawkins: Mr. Mayor, CA-3? Commissioner Plummer: What? Mayor Suarez: Yes. Commissioner Dawkins: Mr. Williams said that... Mayor Suarez: On item CA-3 from the morning that we had either deferred or tabled, we have... 282 January 14, 1993 syxr; Commissioner Dawkins: Yeah. Mr. Williams says that he does not want to be — responsible if a building caught on fire and... Mayor Suarez: Oh. — Commissioner Dawkins: ...the thing didn't work, so... Commissioner Plummer: All right. I will go along and second the motion to _ approve it, but I do feel that if that can be done in-house, like many others... — Commissioner Dawkins: No, no. That's a part from my motion. OK? Commissioner Plummer: All right. Commissioner Dawkins: I'm moving CA-3 for this time. Next time... Next year when this comes up, it will not be any renewal period, it must be done in- house. Commissioner Plummer: I can show you... operate the Fire Department on the proceeds of that. Commissioner Dawkins: Now, you're... You've got a whole year to train somebody, if you have to. Commissioner Plummer: Hey, they have an exclusive... Commissioner Dawkins: So moved. Mayor Suarez: It would seem that that might be... — Commissioner Plummer: Second. Mayor Suarez: ...an interesting way to go. Moved and second. Any discussion? If not, please call the roll. Yeah. Have the Chief figure out a way to do it. 283 January 14, 1993 t The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-47 A RESOLUTION ACCEPTING THE BID OF MIAMI FIRE EQUIPMENT FOR THE FURNISHING OF INSPECTION, TESTING AND REPAIR SERVICES TO THE CITY FIRE EXTINGUSIHERS ON AN AS NEEDED BASIS FOR A PERIOD OF ONE (1) YEAR AT THE PRICES STIPULATED IN BID NO. 92-93-018; ALLOCATING FUNDS THEREFOR FROM VARIOUS CITY DEPARTMENTS FY'92-93 OPERATING BUDGETS AS NEEDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AS NEEDED; FURTHER DIRECTING THE CITY ADMINISTRATION TO TAKE THE NECESSARY STEPS TO ENSURE THAT AT THE END OF THE CONTRACT YEAR APPROPRIATE CITY STAFF HAS BEEN TRAINED AND IS QUALIFIED TO PROVIDE THESE SERVICES. (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 Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 53. EXECUTE ADDENDUM TO LEASE AGREEMENT (JUNE 27, 1991) WITH BAYVIEW ASSOCIATES, INC. IN LEASING ADDITIONAL SQUARE FOOTAGE BY FEMA AT DUPONT PLAZA TO BE USED BY CITY'S HURRICANE RELIEF TASK FORCE. Commissioner Plummer: Are we now finished with the regular agenda? Mayor Suarez: Now, I am sure we have no other items, so we can adjourn at this point. Commissioner Plummer: No, no. Commissioner Dawkins: No, we've got pocket items. Commissioner Plummer: You don't do that to me. 284 January 14, 1993 RP Commissioner Dawkins: Yeah. You're,.. We're gone Commissioner Plummer: I had... Commissioner Dawkins: I move we adjourn. Commissioner Plummer: No, no. Easy. Down boy. You know, 1 thought you were going to pull on me it's not 8:00 o'clock. OK? Mayor Suarez: Since it's not 8:00 o'clock, we may adjourn at this point. Commissioner Plummer: Let me do the one for the Manager first. Commissioner Dawkins: Wait a minute. Now, you've only got two. Commissioner Plummer: I move... That's it. Commissioner Dawkins: OK. You've got two. Commissioner Alonso: No. How many does he have? Commissioner Dawkins: He... The Manager... Commissioner Alonso: He already did one. Commissioner Plummer: I've got... Commissioner Dawkins: You've got two. Commissioner Plummer: Well, let me get them out. Commissioner Dawkins: Well, all right. Commissioner Plummer: There is a request on behalf of FEMA (Federal Emergency Management Agency) that the lease at the Dupont Plaza needs to be expanded - Expanded, is that the word? Mr. Cesar Odio (City Manager): Well, we need to... Commissioner Plummer: ...increase the square footage... Mr. Odio: Five thousand square... Commissioner Plummer: ...so that FEMA will be able to have office space, not to exceed an additional 10,000 square feet. It is recommended by the Manager. Iso... Mr. Odio: It will be reimbursed by FEMA. Commissioner Plummer: I so move. Commissioner Dawkins: Wait now. All right. Now, wait now. Commissioner Alonso: The entire lease... 285 January 14, 1993 Commissioner Dawkins: Yeah. You're,.. We're gone Commissioner Plummer: I had... Commissioner Dawkins: I move we adjourn. Commissioner Plummer: No, no. Easy. Down boy. You know, 1 thought you were going to pull on me it's not 8:00 o'clock. OK? Mayor Suarez: Since it's not 8:00 o'clock, we may adjourn at this point. Commissioner Plummer: Let me do the one for the Manager first. Commissioner Dawkins: Wait a minute. Now, you've only got two. Commissioner Plummer: I move... That's it. Commissioner Dawkins: OK. You've got two. Commissioner Alonso: No. How many does he have? Commissioner Dawkins: He... The Manager... Commissioner Alonso: He already did one. Commissioner Plummer: I've got... Commissioner Dawkins: You've got two. Commissioner Plummer: Well, let me get them out. Commissioner Dawkins: Well, all right. Commissioner Plummer: There is a request on behalf of FEMA (Federal Emergency Management Agency) that the lease at the Dupont Plaza needs to be expanded - Expanded, is that the word? Mr. Cesar Odio (City Manager): Well, we need to... Commissioner Plummer: ...increase the square footage... Mr. Odio: Five thousand square... Commissioner Plummer: ...so that FEMA will be able to have office space, not to exceed an additional 10,000 square feet. It is recommended by the Manager. Iso... Mr. Odio: It will be reimbursed by FEMA. Commissioner Plummer: I so move. Commissioner Dawkins: Wait now. All right. Now, wait now. Commissioner Alonso: The entire lease... 285 January 14, 1993 Commissioner Dawkins: Before you move 1t, 1 need to know a clarification. Commissioner Plummer: All right, sir. Odi V h Commissioner Dawkins: The Manager has two pocket items. OK? Mr. Odio: That's one. Commissioner Dawkins: I'm not going to let you bring his... Commissioner Plummer: I only... Commissioner Dawkins: ...and then he brings another one. _ Commissioner Plummer: Sir, I have one other. Mr. Odio: No, I don't have any. Commissioner Plummer: It's not necessarily... I hope it's a pocket item, but it's basically discussion.. Commissioner Dawkins: But you see, the Manager's... E Mr. Odio: No, I don't have any. Commissioner Dawkins: The Manager is bringing three pocket items. Mr. Odio: No, no, sir. I... Commissioner Dawkins: He gives you one, he has two. Mayor Suarez: OK. This one is allocated to the Manager. OK. Commissioner Dawkins: OK. All right. -` A. -Quinn Jones III, Esq. (City Attorney): So what you need is a resolution -.-- authorizing... Commissioner Plummer: Then I only have one. - Mr. Jones: What you need is a resolution authorizing... Mayor Suarez: One and a half. = Mr. Jones: ...the Manager to amend the lease with... -_ Commissioner Plummer: I so move, not to exceed 10,000 square feet. Mayor Suarez: All right. So moved. Mr. Odio: Eight thousand... _ 286 January 14, 1993 Commissioner Dawkins: Second. Mayor Suarez: Seconded. Commissioner Plummer: That's what 1 was asked. Mayor Suarez: Call the roll on that. Vice Mayor De Yurre: Commissioner Alonso: Mr. Odio: Yes. OK. Now... And FEMA will pay for it. Commissioner Alonso: OK. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-48 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE LEASE AGREEMENT DATED JUNE 27, 1991, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY OF MIAMI AND SAYVIEW ASSOCIATES, INC. FOR THE PURPOSE OF LEASING ADDITIONAL SQUARE FOOTAGE OF OFFICE SPACE, NOT TO EXCEED 10,000 SQUARE FEET, FOR A MAXIMUM TERM OF THREE YEARS AT A RATE NOT TO EXCEED $11.00 PER SQUARE FOOT, SAID SPACE TO BE USED BY THE CITY'S HURRICANE RECOVERY TASK FORCE, WITH ALL RENTAL COSTS TO BE REIMBURSED TO THE EMERGENCY MANAGEMENT AGENCY ("FEMA°}Y BY THE FEDERAL (H ere Clerk.) here and on file in the Officof the City Cl Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Be Yurre: For how long a period of time is this? 287 January 14, 1993 - Commissioner Plummer: I don't know. Commissioner Dawkins: Five years. Commissioner Alonso: It's our money. Vice Mayor De Yurre: For how long? Mayor Suarez: Yeah. That's right. Mr. Odio: About three years. Commissioner Plummer: I don't know. Mayor Suarez: In another sense... Mr. Odio: I don't know the... Mayor Suarez: In another very, very true sense. Vice Mayor De Yurre: FEMA is going to pay for all three years. _ Commissioner Plummer: Yeah. Most likely. Mr. Odio: Three years he's going to go on for it. Vice Mayor De Yurre: No. Most likely, no. I mean, like... I don't want to get stuck with that space and then... Mr. Odio: I know we're going to be stuck there for three years. Coimmissioner Plummer: Our contract only runs three years. Mr. Odio: We're going to be there for three gears with FEMA. Mayor Suarez: Well, but this particular... Vice Mayor De Yurre: No, but I'm talking about this additional... The motion is... - Mayor Suarez: Keep it to as short a... Commissioner Dawkins: Ten thousand Square more feet. Vice Mayor De Yurre: ...I'll vote for it, provided that... Commissioner Alonso: Short term? Mr. Odio: You're going to see... Vice Mayor De Yurre: ...that whatever additional space is obtained for this purpose, that we are not held responsible... 288 January 14, 1993 Mr. Odio: No. Vice Mayor De Yurre: ...if FEMA doesn't pay. Mr. Odio: It will be reimbursed by FEMA. Because it's all FEMA reimbursements that we're dealing with. Commissioner Plummer: I can see Skippy running out right now. Mr. Odio: And it's three years that we're going to be dealing with FEMA, by the way. — Commissioner Plummer: OK. Vice Mayor De Yurre: As long as, you know, we're not stuck with that part of =_ the lease, if they walk out. I vote yes. Mayor Suarez: Yes. Work that in. Commissioner Plummer: I move it. — Mr. Jones: Is it three years? Commissioner Plummer: Yeah. Three years. Commissioner Dawkins: Second. Mr. Odio: Put it in writing. Mayor Suarez: And you had another item, Commissioner Plummer? Commissioner Dawkins: Did you call the roll? Commissioner Plummer: Did you call the roll? s Commissioner Dawkins: Call the roll. s Vice Mayor De Yurre: Yeah. We did. Ms. Matty Hirai (City Clerk): Yes. Mayor Suarez: It's just completed. Commissioner Dawkins: We did? Mayor Suarez: It's just completed, yeah. Commissioner Dawkins: OK. Go ahead. Go ahead, Mr. Plummer, with your last one. Commissioner Plummer: Did you call the roll? Mayor Suarez: Yes. 289 January 14, 1993 Ms. Hirai: Yes, sir. Commissioner Plummer: Oh. Commissioner Alonso: Yes. 54. URGE MIAMI SPORTS AND EXHIBITION AUTHORITY'S BOARD TO FIND A WAY TO CONTINUE FINANCING THE MIAMI MILE PROJECT AS IT REPRESENTS A FINE ENDEAVOR FOR THE CITY OF MIAMI. Commissioner Plummer: Mr. Mayor, and my colleagues, even though I was not a wholehearted supporter in the previous year, I became a wholehearted supporter of a thing called the Miami Mile. I think it was a tremendous good thing for this community. The person is Bob Rodriguez, who put this thing together, and in the previous year went before the Sports Authority and got a grant of $15,000, which I think spoke highly of the Sports Authority to support such an endeavor. This year, he went before them and they gave him nothing. Now, I'm not going to go into some things that may or may not have taken place. Mr. Manager, if in fact the Commission has not the authority to get that money from the Sports Authority for him, I think that we, the Commission, should do what we can to get the money for this endeavor. Mr. Cesar Odio (City Manager): But not... Commissioner Plummer: We got... Excuse me. Let me just finish and I'll be very brief. We got national publicity out of this thing last year, and I think it was an excellent thing for this community. If, in fact, sponsors hear that the City, i.e. the Sports Authority, withdraws its support, I think it's going to be shaky for the future. Because they'd like the idea of the City backing the event, it gives credibility. All I'm asking is, what latitude does this Commission have, if any, to help this, what I consider to be a very fine endeavor for this community? Mr. Manager, I'm asking. Commissioner Dawkins: Bob... Mr. Odio: Well, you've been teaching me all day on how to save money. Commissioner Dawkins: Bob, when... Mr. Odio: You've been preaching to me, "You have to be a good businessman." Commissioner Dawkins: Bob... Mr. Odio: And we have to save the money. We don't have any money. Commissioner Dawkins: Bob, when you went before the finance committee, what did they say? Commissioner Alonso: How much are they asking? 290 January 14, 1993 4 Commissioner Plummer: Fifteen. Mr. Bob Rodriguez: They basically said... By the way, my name is Bob Rodriguez and my address is 5999 Biscayne Boulevard. And before I say that, Commissioner Dawkins... Commissioner Plummer: That's what I asked. Mr. Rodriguez: ...I want you to know that when this company Natcom that I founded... — Commissioner Dawkins: Bob, Bob... Mr. Rodriguez: They said no. Commissioner Dawkins: We are familiar with... Mr. Rodriguez: OK. _ Commissioner Dawkins: ...the history of this. What did they say to you? Mr. Rodriguez: Commissioner Dawkins, they said "no." Basically, there was an issue with the executive director of the Miami Sports and Exhibition — Authority... Commissioner Dawkins: What did the Commission... What did the committee say? Mr. Rodriguez: The committee said "no." Commissioner Dawkins: All right. Now, if this body directs me to go back to the body.. Commissioner Plummer: Supposedly, a personality clash. Commissioner Dawkins: ...the board and suggest that we fund this, I have no problems with it. Commissioner Plummer: I will so move at this time, even though the event is this Sunday... Mr. Rodriguez: Next week. And I... Commissioner Plummer: Well, Bob, you know, we can only do what I can do. Fir. Rodriguez: No, I understand that. Commissioner Plummer: All right? I will make a motion... Mr. Rodriguez: Fifteen thousand. Commissioner Plummer: ...at this time, that this Commission recommends to the Sports Authority that they find a way to continue to finance this very good endeavor for this community, the Miami Mile. 291 January 14, 1993 Commissioner Dawkins: I'm not going to promise you I will continue to finance it, but I will promise you we will finance it this year. Commissioner Plummer° A11 right sir We'll fight next year, next year. , • Commissioner Dawkins: Al right. Let's fight... We'll fight again next year. OK. Commissioner Plummer: OK? I'll move it. Mr. Rodriguez: Thank you very much. Vice Mayor De Yurre: Second. Commissioner Dawkins: I second. OK. Moved and seconded. Vice. Mayor De Yurre: It's moved and seconded. Any further discussion? Call the roll. The Following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-49 A MOTION OF THE CITY OF MIAMI COMMISSION URGING THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO TRY TO IDENTIFY A WAY TO CONTINUE TO FINANCE THE MIAMI MILE PROJECT. Upon being seconded by Vice Mayor De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez Commissioner Plummer: Now, Sunday afternoon you invite Miller to run and he'll die on the spot, so... Mr. Rodriguez: We have the canine division. Vice Mayor De Yurre: Thank you. J.L., any further... =x Mr. Rodriguez: Thank you very much. Commissioner Plummer: I... Sir... That was... � Vice Mayor De Yurre: OK. Commissioner Alonso? 2 - —_ 292 January 14, 1993 0 Mr. Rodriguez: I appreciate it. Commis%inner Alonso: No. Commissioner Dawkins: OK. Vice Mayor De Yurre: OK. -_.� _ - ------_ - ---•-- ------------------------------------•-------- ---••_ �.--_ - �. 55. DISCUSS, AND REFER TO CITY MANAGER, CLAIM BY THE CHILD ASSAULT PREVENTION ASSOCIATION THAT MONIES WHICH 1AD BEEN PLEDGNOT ED TO THEMTO ED. PAY FOR THE USE OF GUSMAN CENTER ON APRIL 3, ------------------------ Commissioner Dawkins: I have two. Commissioner Plummer: Oh, no. Oh, no, no. Let's go. Mr. Cesar Odio (City Manager): No, we need to... Commissioner Plummer: Bye-bye. Adios. Oh, no. Mr. Odio: Commissioners, we need to change the... Commissioner Plummer: No way. Commissioner Dawkins: I've got two. Mr. Odio: ...the meeting starting time. Commissioner Dawkins: What? Mr. Odio: For the next meeting? Commissioner Dawkins: What? Commissioner Alonso: What? Mr. Odio: We can start the next meeting... Commissioner Plummer: Start late? Mr. Odio: ...late. Commissioner Dawkins: OK. Mr. Odio: 3:00 o'clock. Commissioner Dawkins: On the 30th of April, we promised $4,000 to the Child Assault Prevention Project, for the use of Gusman. And as of today, they have not gotten the money. I... They said because there was a motion, and we didn't do a resolution. 293 January 14, 1993 Commissioner Dawkins: OK. You got that. _ _ _--_-_ _ __ ___ _ ___________________________ ________ ____ t 56. (A) STIPULATE THAT CITY OF MIAMI RECOGNIZES, IN PRINCIPLE, THE RIGHTS OF THE HOMELESS TO PERFORM BASIC DAILY LIFE -SUSTAINING FUNCTIONS AND ACTIVITIES WITHIN JURISDICTION OF THE CITY. (B) DISCUSSION CONCERNING PROBLEM CAUSED BY LOW WATER PRESSURE IN THE CITY DUE TO THE HOMELESS USING HYDRANTS TO BATHE. Commissioner Dawkins: All right. The second one is... Mr. City Attorney, have you reviewed this lobbying ordinance? A. Quinn Jones III, Esq. (City Attorney): Yes, I have. Commissioner Dawkins: Has everybody up here reviewed it? The one Matty... the lobbying ordinance. Mr. Jones: Yes, item number 7? Commissioner Alonso: It's coming 1n the next... Commissioner Dawkins: Huh? Commissioner Alonso: ...Commission... Commissioner Dawkins: OK. Commissioner Plummer: Well, what is... Commissioner Dawkins: Well, I have nothing further. Commissioner Alonso: For the next... Vice Mayor De Yurre: I do. Mayor Suarez: We have a resolution formerly adopting... Commissioner Alonso: Commissioner... Mayor Suarez: ...what we did this morning on the homeless issue. Commissioner Alonso: She has something for you. Mayor Suarez: Is that one of the things, Mr. City Attorney? Do I need to read the title, or how do we do this? Mr. Jones: You can read the title. Yeah. 294 January 14, 1993 a47d4 Vi ry Commissioner Plummer: ...did a lot of things this morning. Mayor Suarez: This one is the one that says... [AT THIS POINT, MAYOR SUAREZ READ THE RESOLUTION INTO THE RECORD BY TITLE ONLY.] If you're concerned, Commissioner Plummer, that this means that somehow these people gain more — rights than a normal citizen, there is a provision here, very wisely drafted ... Mr. Jones: Thank you. 'G Mayor Suarez: ...very quickly drafted... Mr. Jones: Thank you. Mayor Suarez: ...by the City Attorney. Section 2 says, "Nothing in the foregoing statement of principle shall be construed as providing to any homeless person any rights greater than those accruing to other citizens. And r the foregoing statement of principle shall not apply to the performance by any homeless individual of any criminal activity, or for any conduct that is harmful to others or to him or herself." So, I mean, there's a pretty good clarification that... Mr. Odio: That is... - Commissioner Alonso: Excellent. Mayor Suarez: ...we're not protecting criminal activity. We're just saying that the mere fact of being homeless... Mr. Odio: That's verbatim from the... Mayor Suarez: ...and sleeping in public is not itself... Mr. Odio: It's a good... Commissioner Plummer: All right. Well... Mr, Odio: It's verbatim from the ,fudge's order, so... Mayor Suarez: And it's from the judge's order... [NOTE: The following statement by Commissioner Pier was not placed into the public record. Therefore, transcript may be missing a few words.] Commissioner Plummer: Mr. Manager? I wasn't going to bring this up, but now I have to... I've got to bring it up, because I was asked to by this... He called me and said he wanted my help... says it would be good to find out why the water pressure on the... was continually dropping... and he says reluctantly, they came over to our side of the bridge, and there's a thing called a stop check valve... 295 January 14, 1993 Commissioner Dawkins: Yeah. It's stuck. Commissioner Plummer: All right? Now I've got no problem with a person who wants to stay clean, but I've got a problem, Mir. Mayor, when you say that they have the right to - What is it? - to take a bath, but what do you say to the port, who says, wHey, they are dropping my water pressure." Commissioner Dawkins: Put a lock on... Commissioner Plummer: What do you in that case? Commissioner Dawkins: Put a no stop valve in. -� Mayor Suarez: A one way valve. Commissioner Dawkins: Yeah. Put the one way valve in. Commissioner Plummer: Hey, he calls me and he says, "I've got to have your — help again." — Commissioner Dawkins: OK. All right. No problem. Commissioner Plummer: I said, "What's the problem?" Commissioner Dawkins: Did somebody move that? Mayor Suarez: All right. Did we have a... Commissioner Plummer: He said we've got no lights on the... Commissioner Dawkins: Second. Mayor Suarez: May we assume that you're holding up that cup of coffee is a motion and... Commissioner Dawkins: Yeah. He moves. I second. Mayor Suarez: Yes. Thank you. Seconded by... Commissioner Dawkins: He moves, I second. Mayor Suarez: And as Commissioner Alonso was just worried, that life sustaining functions, Mr. City Attorney, does not mean life producing functions? Commissioner Dawkins: OK. Mayor Suarez: Do you know what I mean? Life procreating functions? Commissioner Dawkins: OK. Now... Mr. Odio: Yes. 296 January 14, 1993 Commissioner Dawkins: Here's my last one. The second one... Mayor Suarez: All right. With that understanding, we have a motion and a second. Any discussion? If not, please call the roll. It's an elegant way of clarifying something. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-50 A RESOLUTION RECOGNIZING, IN PRINCIPLE, THE RIGHTS OF HOMELESS INDIVIDUALS TO PERFORM BASIC DAILY LIFE - SUSTAINING FUNCTIONS AND ACTIVITIES AS ARE SET FORTH IN GREATER SPECIFICITY HEREIN WITHIN THE JURISDICTION OF 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 57. RATIFY ACTION TAKEN BY CITY MANAGER BY EXTENDING, TO APRIL 13, 1993, THE REQUEST FOR PROPOSALS SUBMISSION DEADLINE FOR THE UNIFIED DEVELOPMENT OF CITY -OWNED WATERFRONT PROPERTY AT 2540 SOUTH BAYSHORE DRIVE. Commissioner Dawkins: Here's my last one. I was the one with no... Mayor Suarez: Not related to maintaining the species. Commissioner Alonso: Provided we don't increase the population. Commissioner Plummer: Hey, wait a minute. You already had two. Commissioner Dawkins: I didn't. Commissioner Plummer: Yes, you did. That's the third one. 297 January 14, 1993 Mayor Suarez: This is that portion of the agenda that's dedicated to fighting up hars. Commissioner Alonso: This is 2A. Commissioner Dawkins: I am the one... Mayor Suarez: Would you please turn off that thing? Commissioner Dawkins: I am the one who held up the MerrylI Stevens property... I mean, everything saying that I wanted minority ownership. The Individuals who are bidding would like to change my 90 days to 30 days, because they have a commitment with the bank that they must fulfill in 30 days. If they do not fulfill it in 30 days,, they lose their money. And I wouldn't want them to lose the opportunity of getting the financing to do whatever for the RFP (Request for Proposals), that is. They aren't going to do... This is for the issuance of the RFP. Their commitment said that they must have an RFP or something in on the 30th, so I move that instead of the 90 days that we cut it to 30 days. And I so move. Mayor Suarez: So moved. Vice Mayor De Yurre: Second. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Seconded. Commissioner Dawkins: Now, that's... Commissioner Alonso: And I have one left. Commissioner Plummer: No, no. I'd like to get an answer. Mr. Erdal Donmez: It is feasible. Commissioner Plummer: It is feasible? Mr. Donmez: Yes, sir. Commissioner Plummer: Get your name on the record. Mr. Donmez: Erdal Donmez, from the Department of Development. Commissioner Plummer: Thank you. Commissioner Dawkins: Yeah. OK. Mayor Suarez: Call the roll on the motion before us. 298 January 14, 1993 RESOLUTION NO. 93-51 A RESOLUTION RATIFYING AND APPROVING THE ACTION TAKEN BY THE CITY MANAGER IN EXTENDING THE PROPOSALS SUBMISSION DEADLINE FOR THE UNIFIED DEVELOPMENT OF A CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FROM JANUARY 13, 1993 TO FEBRUARY 16, 1993 AT 2:00 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 De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 58. URGE FLORIDA STATE LEGISLATURE TO SUPPORT ADOPTION OF A MUNICIPAL CLERKS' CAPITAL EQUIPMENT MODERNIZATION TRUST FUND. ------------------------------------------------------------------------------ Commissioner Plummer: See you on the 28th. Mayor Suarez: Please, please. Real quickly... _ Vice Mayor De Yurre: Hold it. Hold it, man. I haven't done mine yet. 14 Commissioner Alonso: Yes, and I have one... One, one... Mayor Suarez: You haven't... Commissioner Plummer: No, Miller, you used up all of yours. Commissioner Alonso: Yes... ti Vice Mayor De Yurre: What about mine? [AT THIS POINT, COMMISSIONER ALONSO READ THE RESOLUTION INTO THE RECORD BY = ter? TITLE ONLY.] = 299 January 14, 1993 Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who - moved its adoption: RESOLUTION NO. 93-52 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA STATE LEGISLATURE TO SUPPORT THE ADOPTION OF "A MUNICIPAL CLERKS' CAPITAL EQUIPMENT MODERNIZATION TRUST FUND" (PROPOSED AS SECTION 119.0310, FLORIDA STATUTES), SPONSORED BY SENATOR FRED DUDLEY AND = REPRESENTATIVE JOHN COSGROVE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: — AYES: Commissioner Miriam Alonso — Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. =- - ABSENT: None. -k e �i =;1 300 January 14, 1993 — Mayor Suarez.- Commissioner De Yurre. Vice Mayor De Yurre: OK. Mr. Mayor, I have two. One is a street closure.., Commissioner Dawkins: I move it. -- Vice Mayor De Yurre: ...requested by Miami Dade Community College, for the — groundbreaking of Phase 3. They've worked out the details, I believe, with the Administration. So I so move. Mayor Suarez: So moved. _ Commissioner Dawkins: Second. Mayor Suarez: Seconded. Call the roll, please. - The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-53 A RESOLUTION RELATED TO THE MIAMI DADE COMMUNITY COLLEGE, WOLFSON CAMPUS, GROUND BREAKING CEREMONY i =_! (PHASE III) TO BE HELD ON FEBRUARY 3, 1993; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE - ORGANIZERS PAYING FOR ALL NECESSARY 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. _ (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: _:' 301 January 14, 1993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Mr. City Attorney... Vice Mayor De Yurre: And I've got one more. Mayor Suarez: ...may I assume that I reflect the consensus of this Commission that that kind of a street closure, with no beer and wine permit and all that, should be done by the Administration without our... A. Quinn Jones III, Esq. (City Attorney): I... Mayor Suarez: Please. Mr. Jones: My office... we prepared the necessary legislation and I — submitted it to the Manager. 3 Mayor Suarez: And the Manager has been sitting on it, because he doesn't want - that responsibility? Mr. Cesar Odio (City Manager): No. We're,.. I don't care. Mayor Suarez: There's Karen defending you. Isn't that sweet? All right. ----------------------------------------------------------- 60. AUTHORIZE CITY MANAGER AND DOWNTOWN DEVELOPMENT AUTHORITY TO APPLY FOR A j HIGHWAY BEAUTIFICATION GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION =' FOR THE BRICKELL AVENUE MEDIAN PROJECT (FROM 5TH STREET TO 15TH ROAD). ------------------------------------------------------------- ---------------- - Mayor Suarez: What else? Vice Mayor De Yurre: Then the other one that I have is broken down into two =_ resolutions from DDA (Downtown Development Authority). [AT THIS POINT, —1 COMMISSIONER DE YURRE READ THE RESOLUTION INTO THE RECORD BY TITLE ONLY.] Commissioner Alonso: This is a new one? Vice Mayor De Yurre: So move. Mayor Suarez: So moved. Commissioner Alonso: Second. This is a new one? What about the one before? This is another grant? — 302 January 14, 1993 Ms. Matty Hirai (City Clerk): This was... Mr. Matthew Schwartz: That was for Srickell Avenue from 15th Road to 25th. Commissioner Plummer: Oh, yeah. Ms. Hirai: Yes. Two different sections. Mr. Schwartz: This is the commercial district. Commissioner Alonso: OK. Fine. Yeah. Second. Ms. Hirai: You seconded, J.L.? Mayor Suarez: Call the roll, please. Ms. Hirai: Do you second? Commissioner Plummer: Yeah... money from State. Vice Mayor De Yurre: OK. Commissioner Dawkins: ...to move it? The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-54 A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE DOWNTOWN DEVELOPMENT AUTHORITY TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BRICKELL AVENUE MEDIAN PROJECT (FROM 5TH STREET TO 15TH ROAD); FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 303 January 14, 1993 th <t'T441 61. AUTHORIZE CITY MANAGER TO ENTER INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BRICKELL AVENUE MEDIAN PROJECT (FROM 5TH STREET TO 15TH ROAD). Vice Mayor De Yurre: OK. Part two. [AT THIS POINT, COMMISSIONER DE YURRE READ THE RESOLUTION INTO THE RECORD BY TITLE ONLY.] Commissioner Plummer: Hey, is this... Vice Mayor De Yurre: No, man. This is part A and B. Part A and B. Commissioner Alonso: This is... We are breaking the rules. Commissioner Plummer: Oh, no. No, no. What is this A and B? Commissioner Plummer: I invoke the rule. Commissioner Dawkins: A and B. A, B, C. Mayor Suarez: What is it? You guys are talking so much, over here we don't know what it is. Commissioner Alonso: What's... What is it? Mr. Matthew Schwartz: So, we agree... If we get the grant to maintain it, — and the DDA (Downtown Development Authority) would maintain it, cover the costs... That was the... Vice Mayor De Yurre: OK. And we have one more. Commissioner Alonso: You will maintain the median. _- Mr. Schwartz: We will... Yeah. If we receive the grant and do the -- improvements, yes. When they finally come to... - Commissioner Plummer: ...come June 1st... Commissioner Alonso: OK. Mayor Suarez: Call the roll, please on that. If it's... .� 304 January 14, 1993 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BRICKELL AVENUE MEDIAN PROJECT (FROM 5TH STREET TO 15TH ROAD); FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commnissioner Plumper, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J, L. Plunner, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 62. GRANT REQUEST BY MIAMI FILM FESTIVAL FOR CLOSURE OF DESIGNATED STREETS CONCERNING CONCERNING THEIR CLOSING CEREMONY, WITH CONDITIONS. ------------------------------------------------------------------------------ Vice Mayor De Yurre: And here's the last... Mr. Mayor, you have one? Mayor Suarez: Yes. Vice Mayor De Yurre: The Mayor has one. Mayor Suarez: Ms. Martino... —= Commissioner Plummer: What? - Mayor Suarez: ...needs a closing for Miami Film Society... street closure, have you worked those details out with the Administration. Ms. Stephanie Martino: I don't know. I'm sorry. Well, we'd like.. Commissioner Alonso: Well, we instruct them to work with the Administration, and if acceptable... 305 January 14, 1993 11 Yeah, then... Commissioner Alonso: .,.that would be approved. Mayor Suarez: OK. So moved. Commissioner Alonso: Yes. Commissioner Plummer: No, no. Hold on. Commissioner Alonso: Why? Commissioner Plummer: Hold on. What street? Ms. Martino: We would like to close off S. Miami Avenue, S.E. 6th Street to S.E. 7th Street in front of Tobacco Road for the closing night... -- Commissioner Plummer: No problem. The point I'm... The reason I'm calling it is that my neighbors are up in arms, on a certain house on Mi canopy who happens to be a friend of mine.,. Mr. Cesar Odio (City Manager): It's not my house. OK. = Commissioner Plummer: ...that they are using time and time and time again for filming. Mr. Odio: Oh, the one in the corner. Commissioner Alonso: Oh, I know. I know. Mr. Odio: Yeah, I know. Commissioner Plummer: Let me tell you, that's why I called you to find out where it was. Commissioner Alonso: I know. Mayor Suarez: Oh, OK. Commissioner Dawkins: You're angry because they're not paying you to use your house. Commissioner Alonso: And I thought people were happy with it. It's terrible. Mr. Odio: Wait. Before you leave... Mayor Suarez: Call the roll on that motion, Madam City Clerk. - Z - 306 January 14, 1993 A RESOLUTION RELATED TO THE MIAMI FILM FESTIVAL CLOSING CEREMONY TO BE HELD ON FEBRUARY 14, 1993; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL NECESSARY 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. (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 Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: That house... Commissioner Alonso: Yeah. Commissioner Plummer: Once a month. Mr. Odio: We only... 307 January 14, 1993 63. RESCHEDULE JANUARY 28TH COMMISSION MEETING (PLANNING AND ZONING) TO COMMENCE AT 3:00 P.M. Commissioner Alonso: That's it? Mayor Suarez: Yes. Commissioners, we need to schedule the January 28th wteting for 3:00 p.m. That means we're not meeting in the morning. Mr, Cesar Odio (City Manager): No. We only have one regular scheduled item, w'dich is the... Commissioner Alonso: No, we will have three more. Mr. Odio: Which are the three more? Commissioner Alonso: I'll give them to you. Mr. Odio: Well, then 3:00 o'clock. Three o'clock. Commissioner Alonso: Yes. Police related items. Mayor Suarez: But the entire meeting will start at 3:00? Mr. Odio: Yeah. Mayor Suarez: Why not 2:00 then? Commissioner Alonso: Police related items - three. = Mayor Suarez: If we have some other items... Mr. Odio: Well, because the only... Commissioner Alonso: I was going to bring it as pocket items, I'll have it as part of the regular agenda. Commissioner Plummer: We have one item? Mr. Odio: The only one we have is to bring back the pursuit policy, so we can... Commissioner Alonso: So, 3:00 o'clock, I don't see why not. Mayor Suarez: Well, you're the one... Commissioner Alonso: These three items of mine will pass like that. Mayor Suarez: Your three items will be nice and quick and dirty? Commissioner Alonso: Yes. 308 January 14, 1993 Commissioner Plummer: There are no zoning items? Commissl anAl If 1 A it ill t li - er onso# you peop a say y,.s, w go Jus ke that. Mr. Odio: No, no. You start zoning at 4:00. I mean regular scheduled items, is only one. Mayor Suarez: And if not, we throw away the Planning and Zoning agenda. Commissioner Alonso: Yeah. No, they are not. It's... No. Mayor Suarez: All right. As to... I'll entertain a motion by Commissioner - Alonso... Commissioner Alonso: I'll have three items, but they are not... Mayor Suarez: ...to schedule the meeting to begin at 3:00 p.m. Commissioner Alonso: They should pass easily. Right. Mayor Suarez: January 28th. So moved. Seconded. Call the roll. The following resolution was introduced by Commissioner Alonso, who :roved its adoption: RESOLUTION NO. 93-57 - A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY ^_ COMMISSION MEETING OF JANUARY, 1993 TO TAKE PLACE ON - JANUARY 28, 1993 COMMENCING AT 3:00 P.M. (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 Miriam Alonso -_ Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Mr. Cotera, before we adjourn, sir? Mr. Al Cotera: Yeah. I'd like to present Commissioner De Yurre with a small - plaque from the FOP (Fraternal Order of Police) for his tag and hopefully it will have some effect. 309 January 14, 1993 Mayor Suarez: I think this is an appropriate moment to adjourn. Commissioner Plummer: Mighty mouse. Mayor Suarez: That's it? I can't believe it. _ THERE BEING NO FURTHER BUSINESS TO COME BEFORE TIME CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:15 p.m. "= Xavier L. Suarez - MAYOR ATTEST: Natty Hirai - CITY CLERK - Waiter J. Foeman ASSISTANT CITY CLERK b �4 I NCORP 0RATEiD 18 96 _ 310 January 14, 1993