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HomeMy WebLinkAboutCC 1993-05-13 MinutesIAINU TES OF FEET ING HEW ON 14AY 13, 1993 REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk MAY 13, 1993 ITEM SUBJECT LEGISLATION PAGE NO. N0. i. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 2 SPECIAL ITEMS: 5/13/93 (A) DONATION ($1,180.99) TO THE CITY FROM FIFTH INTERNATIONAL CONGRESS OF ESTETIQUES, FRANCS, AND TWEEZERMAN CORP. OF GLEN COVE, NEW YORK, TO: THE BEAUTY RESCUE 92 HURRICANE RELIEF FUNDS. (B) PRESENTATION: MIAMI CHOSEN AS OUTSTANDING HOMETOWN FOR 1993 BY HOMETOWN U.S.A. (C) PRESENTATION: OUTSTANDING POLICE OFFICERS OF THE MONTH: JOSE GRANADO AND JACK GALVAR (FEBRUARY), AND JOSE PEREZ (MARCH). (D) PROCLAMATION: LUCITA HARDY-WAITE DAY. 2. MISCELLANEOUS COMMENTS: (a) DISCUSSION 3-5 COMMISSIONER DAWKINS PRAISES CITY 5/13/93 CLERK'S OFFICE FOR NEW AGENDA STATUS BOARD FOR IDENTIFICATION OF ITEMS ALREADY CONSIDERED; AND (b) COMMISSIONER PLUMMER STATES THE INTERNATIONAL TRADE BOARD PROGRAMS ON CHANNEL 9 WILL BE SEEKING DONATIONS FOR THE CLAUDE AND MILDRED PEPPER FOUNTAIN IN BAYFRONT PARK -- STATES BETTER TV COVERAGE OF THE PROCEEDINGS IS NEEDED. 3. (A) CONSENT AGENDA. DISCUSSION 5-8 (8) MISCELLANEOUS COMMENTS BY MANUEL 5/13/93 GONZALEZ-GOENAGA ON VARIOUS CONSENT AGENDA ITEMS. 3 � 361 ACCEPT BID: POSTAL WORLD SERVICES - R 93-273 9 FOR FURNISHING MAILING SERVICES FOR 5/13/93 FINANCE DEPARTMENT -- ONE-YEAR CONTRACT WITH OPTION TO EXTEND. 3.2 ACCEPT PROPOSAL: MORRIS AND McDANIEL, R 93-274 9 INC, -- TO CONDUCT JOB ANALYSIS FOR 5/13/93 CLASSIFICATION OF POLICE SERGEANT, TO DEVELOP WRITTEN TEST, AND TO CONDUCT AN ORAL BOARD ASSESSMENT -- ALLOCATE FUNDS ($40,501.44) -- EXECUTE AGREEMENT. 3.3 ACCEPT PROPOSAL: BOOTH RESEARCH GROUP, R 93-275 10 INC. -- TO DEVELOP / ADMINISTER A 5/13/93 CANDIDATE ORIENTATION PROGRAM AND A PROMOTIONAL EXAMINATION PROCESS (DEVELOPED FROM A RECOMMENDED PROMOTIONAL BOOK LIST) FOR THE CLASSIFICATION OF FIRE LIEUTENANT -- ALLOCATE FUNDS ($169400) -- ENTER INTO AGREEMENT. 3.4 AUTHORIZE AGREEMENT WITH COCONUT GROVE R 93-276 10 CEMETERY ASSOCIATION, INC. -- TO 5/13/93 PROVIDE A GRANT ($50,000) FOR CONSTRUCTION / SUPERVISION OF A CORAL ROCK WALL AND INSTALLATION OF AN IRON SECURITY GATE AT THE COCONUT GROVE AND FRANKLIN AVENUE CEMETERY (3670 CHARLES AVENUE) -- ALLOCATE FUNDS FROM 18TH YEAR CDBG PROGRAM. 3.5 AUTHORIZE PROFESSIONAL SERVICES R 93-277 11 AGREEMENT WITH BRANDELL STUDIOS, 5/13/93 INC. -- TO DESIGN AND FABRICATE SCULPTED METAL GATEWAY FEATURES (AS PART OF PREVIOUSLY APPROVED N.W. 2 AVENUE BEAUTIFICATION PROJECT IN WYNWOOD COMMUNITY) TO BE INSTALLED AT INTERSECTION OF N.W. 2 AVENUE AND 36 STREET AS PART OF AN OVERALL STREET IMPROVEMENT PLAN -- AUTHORIZE COMPENSATION ($10,000 -- FROM PREVIOUSLY ALLOCATED 17TH YEAR CDBG GRANT FUNDS). 3 3.6 AUTHORIZE PROFESSIONAL SERVICES R 93-278 AGREEMENT WITH JEAN CLAUDE RIGAUD -- TO 6/13/93 DESIGN / FABRICATE SCULPTED METAL GATEWAY FEATURES (AS PART OF PREVIOUSLY APPROVED N.W. 2 AVENUE BEAUTIFICATION PROJECT IN WYNWOOD COMMUNITY) TO BE INSTALLED AT INTERSECTION OF N.W. 2 AVENUE AND 29 STREET AS PART OF AN OVERALL STREET IMPROVEMENT PLAN -- AUTHORIZE COMPENSATION ($10,000 -- FROM PREVIOUSLY ALLOCATED 17TH YEAR CDBG GRANT FUNDS. 3.7 APPROVE AGREEMENT TO CONTINUE ENTITY R 93-279 KNOWN AS THE SOUTH FLORIDA EMPLOYMENT 5/13/93 AND TRAINING CONSORTIUM -- DESIGNATE CITY MANAGER TO CONTINUE SERVING AS CITY'S REPRESENTATIVE -- EXECUTE AGREEMENT. 3.8 SELECT QUALIFIED PROPOSERS IN R 93-280 ACCORDANCE WITH PROVISIONS OF THE 5/13/93 BANKING SERVICES REQUEST FOR PROPOSALS (RFP) -- AUTHORIZE CITY MANAGER TO PROCEED WITH FINAL SELECTION FROM PRE - QUALIFIED LIST OF BANKS (BARNETT BANK, FIRST UNION BANK AND SUNBANK), BASED ON A SEALED BID FOR PRICE ONLY. 3.9 AMEND RESOLUTION 93-195, WHICH DECLARED R 93-281 THAT MOST ADVANTAGEOUS METHOD TO 5/13/93 DEVELOP CERTAIN IMPROVEMENTS ON CERTAIN CITY -OWNED LAND WAS BY UDP -- RESCHEDULE PUBLIC HEARING TO CONSIDER ISSUANCE OF AN RFP FOR THE VIRGINIA KEY BOAT YARD. 4. AUTHORIZE PURCHASE OF 309000 CURBSIDE R 93-282 RECYCLING CONTAINERS (UNDER EXISTING 5/13/93 CITY OF JACKSONVILLE BID NO. XF-0568- 93) FROM REHRIG PACIFIC COMPANY FOR DEPARTMENT OF GSA AND SOLID WASTE -- ALLOCATE FUNDS ($899100) FROM FY 193 SOLID WASTE REDUCTION, RECYCLING AND EDUCATION SPECIAL GRANT FUND. 5. AUTHORIZE PAYMENT OF $300,000 TO R 93-283 JACKSON MEMORIAL FOUNDATION AS THE 5/13/93 CITY'S CURRENT YEAR CONTRIBUTION IN SUPPORT OF THE TRAUMA CENTER LOCATED IN JACKSON MEMORIAL HOSPITAL COMPLEX (PURSUANT TO RESOLUTION 89-830). 12 12 13 13 13-17 17-23 6. RATIFY, IN PRtNCtPLE, MEMORANDUM OF UNDERSTANDING WITH FRATERNAL ORDER OF POLICE, LODGE 020 AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 587 -- MODIFY FUNDING SECTION OF GATES SETTLEMENT --r REDEFINE CERTAIN FUNDING MECHANISMS RELATED TO COST -OF -LIVING ADJUSTMENTS AND ASSET VALUATION METHODS RESOLVE AMORTIZATION ISSUE RELATING TO FY '92-93 ACTUARIAL VALUATION REPORT OF FIRE FIGHTERS AND POLICE OFFICERS RETIREMENT TRUST TO SECURE APPROVAL OF MEMORANDUM OF UNDERSTANDING -- DIRECT CITY ATTORNEY TO DRAFT AN ORDINANCE IN ACCORDANCE WITH THE MODIFICATIONS OF SAID GATES SETTLEMENT AGREEMENT. 7. AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS) --CREATE A DIVISION III PURSANT TO SECTION 112.048 OF THE LAWS OF THE STATE OF FLORIDA, CREATING A SYSTEM OF RETIREMENT FOR ELECTED OFFICIALS WHO HAVE HELD AN ELECTIVE OFFICE FOR THE CITY FOR 20 OR MORE CONSECUTIVE YEARS. 8. AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST) -- PROVIDE FOR COMPLIANCE WITH INTERNAL REVENUE WITHHOLDING GUIDELINES, AS ENACTED BY CONGRESS -- PROVIDE FOR COST OF LIVING ALLOWANCES (COLA); ETC. 9. AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST -- PROVIDE FOR COMPLIANCE WITH INTERNAL REVENUE WITHHOLDING GUIDELINES, AS ENACTED BY CONGRESS; ETC. 10. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: OVERTOWN NEIGHBORHOOD PARTNERSHIPS - COMMUNITY CRIME PREVENTION PROGRAM -- APPROPRIATE FUNDS ($50,000) FROM STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF PUBLIC SAFETY MANAGEMENT. R 93-284 6/13193 FIRST READING 5/13/93 ORDINANCE FIRST READING 5/13/93 ORDINANCE FIRST READING 5/13/93 ORDINANCE 11063 5/13/93 23-42 42-53 53-55 55-56 56-64 f t- 11. FIRST LEADING ORDINANCE, AMEND CODE, ORDINANCE 64-69 - SECTION 18-56.1, PERTAINING TO: (a) FIRST READING — RIGHT TO PROTEST, (b) AUTHORITY TO 6/13/93 RESOLVE PROTESTSo AND COMPLIANCE WITH TIME REQUIREMENTS -- ADD NEW SUBSECTIONS: (a) STAY OF PROCUREMENTS '} DURING PROTESTS, AND (b) COSTS. 12. ESTABLISH A TAX-EXEMPT PROPERTY R 93-285 70-72 STEERING COMMITTEE OF THE CITY OF 5/13/93 MIAMI, PROVIDING FOR: (a) PURPOSE AND _ RESPONSIBILITY, (b) MEMBERSHIP AND 1v TERMS OF OFFICE, (c) IMPLEMENTATION OF — A PAYMENT -IN -LIEU OF TAXES (PILOT) _ PROGRAM, AND (d) ADMINISTRATIVE SUPPORT -- DIRECT CITY MANAGER TO _ — PREPARE RESOLUTION FOR APPOINTMENTS. -- 13. EXECUTE PROFESSIONAL SERVICES AGREEMENT R 93-286 72-73 WITH ELOY VAZQUEZ -- TO PROVIDE 5/13/93 MARKETING CONSULTANT SERVICES RELATED TO PROMOTION OF BAYFRONT PARK AMPHITHEATER -- ALLOCATE FUNDS ($69000) FROM BAYFRONT PARK MANAGEMENT TRUST OPERATING BUDGET. - 14. AUTHORIZE ACCEPTANCE FOR HOUSING R 93-287 74-75 OPPORTUNITIES FOR PERSONS WITH AIDS 5/13/93 (HOPWA) PROGRAM GRANT ($4,697,000) FROM U.S. DEPARTMENT OF HOUSING AND URBAN - DEVELOPMENT (HUD) -- EXECUTE NECESSARY CONTRACTS / AGREEMENTS. 15. DISCUSS AND TEMPORARILY TABLE DISCUSSION 75-76 CONSIDERATION OF PROPOSED RESOLUTION TO 5/13/93 AUTHORIZE CITY MANAGER TO TAKE NECESSARY ACTIONS TO EFFECT TOTAL OR PARTIAL REFUNDING OF: (a) OUTSTANDING f= PORTION OF THE CITY'S $1090009000 —_- GENERAL OBLIGATION BONDS (DATED AUGUST 1, 1987); (b) $189400t000 GENERAL OBLIGATION BONDS (DATED NOVEMBER 1, _ 1988); AND (C) $10,0009000 GENERAL OBLIGATION BONDS, SERIES 1991 (DATED JULY 1, 1991). (See label 17) r 16. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION 77-18 CONSIDERATION OF PROPOSED RESOLUTION TO 6/13/93 ACCEPT BIDS OF FIVE SUPPLIERS FOR FURNISHING CERTAIN STOCK AND NON STOCK OFFICE SUPPLY ITEMS TO GSA AND SOLID WASTE DEPARTMENT, PROCUREMENT MANAGEMENT DIVISION / CENTRAL STORES -- PREPARE NECESSARY DOCUMENTS FOR ISSUANCE OF THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 19939 NOT TO EXCEED $3090009000. (See label 19) 17. AUTHORIZE CITY MANAGER TO TAKE R 93-288 79-81 NECESSARY ACTIONS TO EFFECT TOTAL / 5/13/93 PARTIAL REFUNDING OF: (a) OUTSTANDING PORTION OF THE CITY'S $10,000,000 GENERAL OBLIGATION BONDS (DATED AUGUST 1, 1987); (b) $18,4009000 GENERAL OBLIGATION BONDS (DATED NOVEMBER 1, 1988); AND (c) $109000,000 GENERAL OBLIGATION BONDS, SERIES 1991 (DATED JULY 1, 1991) -- AUTHORIZE MANAGER TO PREPARE DOCUMENTATION NECESSARY FOR ISSUANCE OF CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993, NOT TO EXCEED $30,000,000 -- AUTHORIZE CITY ATTORNEY TO SEEK COMPETITIVE BIDS FOR BOND COUNSEL SERVICES -- APPOINT UNDERWRITERS. (See label 15) 18. APPROVE APPOINTMENT OF FINE, JACOBSON, R 93-289 81-83 SCHWARTZ* NASH & BLOCK AND THE MINORITY 5/13/93 FIRM OF MANUEL ALONSO-POCH -- TO PROVIDE BOND COUNSEL SERVICES FOR REFUNDING OF CITY'S OUTSTANDING INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 19859 IN APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $169750,0000 19. (Continued discussion) ACCEPT BIDS OF R 93-290 84-85 FIVE SUPPLIERS FOR FURNISHING CERTAIN 5/13/93 STOCK AND NON STOCK OFFICE SUPPLY ITEMS TO GSA AND SOLID WASTE DEPARTMENT, PROCUREMENT MANAGEMENT DIVISION / CENTRAL STORES. (See label 16) 20. AUTHORIZE CONTRIBUTION IN SUPPORT OF R 93-291 85-88 THE SAMARITAN SALT FACTORY -- ALLOCATE 5/13/93 FUNDS ($209000) FROM LAW ENFORCEMENT TRUST FUND. e4N 21. AUTHORIZE FUNDING OF THE EFFICACY R 93-292 INSTITUTE, INC. -- ALLOCATE FUNDS 5/13/93 ($26,000) FROM LAW ENFORCEMENT TRUST FUND. 22. AUTHORIZE CONTRIBUTION TO THE YOUTH OF R 93-293 AMERICA ROLE MODELS ACTIVITIES TRIP 5/13/93 (SPONSORECONOM CE DEVELOPMENTTHROUGH�CORPORATID ) KING ALLOCATE FUNDS ($49250) FROM LAW ENFORCEMENT TRUST FUND. 23. AUTHORIZE FUNDING OF THE METRO-MIAMI R 93-294 ACTION PLAN KINGIAN NON -VIOLENCE 5/13/93 WORKSHOP -- ALLOCATE FUNDS ($179550) FROM LAW ENFORCEMENT TRUST FUND. 24. AUTHORIZE FUNDING OF THE GUARDIAN AD R 93-295 LITEM PROGRAM -- ALLOCATE FUNDS 5/13/93 ($189000) FROM LAW ENFORCEMENT TRUST FUND. 25. AUTHORIZE PURCHASE OF 1,275 LAW R 93-296 ENFORCEMENT HANDBOOKS FROM METRO DADE 5/13/93 COUNTY POLICE DEPARTMENT -- ALLOCATE FUNDS ($109838). 26. APPROVE CHIEF PROCUREMENT OFFICER'S R 93-297 DECISION TO REJECT PROTEST OF 5/13/93 INTERCONTINENTAL LEASING, INC. (d/b/a INTERCONTINENTAL RENT -A -CAR) IN CONNECTION WITH BIDS FOR FURNISHING AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS. 27. ACCEPT BID: ROYAL RENT -A -CAR -- FOR R 93-298 88a99 89-90 90-91 91-92 93 94-98 99-100 FURNISHING AUTOMOBILE RENTAL SERVICE 5/13/93 (ON A CONTRACT BASIS) FOR DEPARTMENT OF POLICE -- ALLOCATE FUNDS ($5379845) -- EXTEND CONTRACT. �- 'i- 28. FUND LIBERTY CITY OPTIMIST CLUB, DRUG R 93-299 100-101 AWARENESS PROGRAM -- ALLOCATE FUNDS 5/13/93 ($399500) FROM LAW ENFORCEMENT TRUST FUND. 29. ACCEPT BID: TRIAD CANINE TRAINING, R 93-300 101-107 1 INC. -- FOR FURNISHING A BELGIUM 5/13/93 MANUIOS POLICE DOG TO POLICE DEPARTMENT -- ALLOCATE FUNDS ($6,250) FROM LAW ENFORCEMENT TRUST FUND. s Y � ` 30, PRESENTATION! MIDNIGHT BASKETBALL DISCUSSION LEAGUE -- TROPHIES PRESENTED. 5/13/93 31. DISCUSSION CONCERNING RESOLUTION TO DISCUSSION ACCEPT BID FROM AMERICAN PAGING FOR 5/13/93 FURNISHING PAGING SERVICES TO POLICE DEPARTMENT. (See Label 68) 32. RATIFY CITY MANAGER'S ACTION IN R 93-301 AUTHORIZING FLORIDA MEMORIAL COLLEGE TO 5/13/93 CONDUCT TWO PRE -ACADEMY ORIENTATION CLASSES -- ALLOCATE FUNDS ($139200) FROM LAW ENFORCEMENT TRAINING TRUST FUND. 33. RATIFY CITY MANAGER'S FINDING THAT U.S. R 93-302 UNDERGROUND, INC. HAS DEFAULTED ON ITS 5/13/93 SEPTEMBER 8, 1992 CONTRACT FOR CONSTRUCTION OF LOCAL DRAINAGE PROJECT E-699 B-5593 (CIP 352275) -- RESCIND AWARDING RESOLUTION 92-317 -- RATIFY MANAGER'S WRITTEN FINDING THAT AN EMERGENCY EXISTED, JUSTIFYING THE AUTHORIZATION FOR M. VILA AND ASSOCIATES, INC. TO PROCEED WITH CONSTRUCTION OF SAID PROJECT -- RATIFY EXECUTION OF CONTRACT. 34. ACCEPT BID: PINO FONTICIELLA R 93-303 CONSTRUCTION CORP. -- FOR MORNINGSIDE 5/13/93 PARK RECREATION BUILDING B-3239 ECIP 331313 ($384,000) 6 331303 ($4013)] -- EXECUTE CONTRACT. 35. DESIGNATE LAND SURVEYING SERVICES FOR R 93-304 CITY OF MIAMI PROJECT - 1994 AND 1995 5/13/93 AS A CATEGORY "B" PROJECT -- APPOINT CERTIFICATION COMMITTEE -- APPOINT PROFESSIONAL ENGINEER FROM DEPARTMENT OF PUBLIC WORKS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE -- APPROVE CITY MANAGER'S APPOINTMENT OF COMPETITIVE SELECTION COMMITTEE. 107-110 110-112 112-113 114-116 116-117 117-118 �m p . REVIEW YEARLY APPOINTMENTS OF CITY COMMISSIONERS TO CITY BOARDS, AS FOLLOWS: CA) APPOINT COMMISSIONER DAWKINS CHAIRMIAN OF MIAMI SPORTS AND EXHIBITION AUTHORITY. (8) APPOINT COMMISSIONER PLUMMER CHAIRMAN OF DOWNTOWN DEVELOPMENT AUTHORITY. CHAAPPOINT IRMANOF INTERNATIONALIRE TRADE BOARD. (0) APPOINT COMMISSIONER PLUMMER CHAIRMAN OF BAYFRONT PARK MANAGEMENT TRUST. 37. (A) DISCUSSION CONCERNING 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (See label 39) (B) ALLOCATE $4509000 FOR A RECREATIONAL BUILDING IN ALLAPATTAH COMSTOCK PARK IN WYNWOOD. JQ DIRECT CITY MANAGER TO EARMARK 2509000 FROM ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT FUNDS FOR ECONOMIC DEVELOPMENT PROGRAMS TO BE CREATED BY THE DOWNTOWN DEVELOPMENT AUTHORITY (ODA). 38. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE AGREEMENT WITH THE ALLAPATTAH PLAZA, INC. TO PROVIDE A COMMUNITY DEVELOPMENT FLOAT LOAN ($396009000) -- FOR CONSTRUCTION AND DEVELOPMENT OF A NEIGHBORHOOD SHOPPING CENTER FACILITY, INCLUDING A SUPERMARKET STORE AND RETAIL SHOPPING SPACE IN THE ALLAPATTAH NEIGHBORHOOD TARGET AREA, SUBJECT TO AVAILABILITY OF FUNDS AND CONTINGENT UPON APPROVAL OF AN AMENDMENT TO 18TH YEAR CDBG PROGRAM FUND STATEMENT; ETC. 39. (A) (Continued discussion) RECONSIDER AGENDA ITEM 30 (PROPOSED RESOLUTION TO APPROVE AMENDMENT TO THE CITY'S APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS). (See label 37) (B) APPROVE AMENDMENT TO APPLICATION OF CDBG FUNDS. R 93-305 119-128 - R 93-306 R 93-307 R 93-308 6/13/93 DISCUSSION 128-192 M 93-310 — 5/13/93 DISCUSSION 193-199 5/13/93 M 93-311 200-202 R 93-311.1 5/13/93 40, DISCUSSION CONCERNING PRESENTLY- DISCUSSION 202-206 INSTITUTED PREFERENCE TO LOCAL VENDORS 6/13/93 AND A NEWLY -PROPOSED AMENDMENT TO OFFER LOCAL VENDORS THE OPPORTUNITY TO MATCH THE LOW BIDo IF WITHIN A CERTAIN PERCENTAGE -- DISCUSSION CONTINUED TO A FUTURE MEETING. 41. (A) RECONSIDER COMMISSION ACTION ON M 93-312 206-222 AGENDA ITEM 23 OF APRIL 159 1993 R 93-313 MEETING ON A RESOLUTION REJECTING ALL R 93-314 BIDS RECEIVED FOR THE DINNER KEY MARINA 5/13/93 - RESTORATION - PHASE II REHABILITATION OF PIERS AND BAYWALK (H-1008) DAMAGED OR DESTROYED BY HURRICANE ANDREW. (B) RESCIND RESOLUTION 93-252 (ADOPTED - APRIL 151 1993) WHICH REJECTED ALL BIDS - RECEIVEDCONNECTION WITH DINNER KEY - MARINA RESTORATION - PHASE II FOR = REHABILITATION OF PIERS AND BAYWALK (H- 1008) DAMAGED OR DESTROYED BY HURRICANE - ANDREW. ACCEPTCONSTRUCTORS,CONE INC. 430) - FOR DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS AND BAYWALK (H- 1008) DAMAGED OR DESTROYED BY HURRICANE ANDREW -- SUBJECT TO CONE CONSTRUC IN TORS, INC.'S DISMISSAL OF PRESENTLY - INSTITUTED LAWSUIT. 42. DISCUSSION CONCERNING PROPOSED DISCUSSION 223-249 RESOLUTION CALLING FOR A SPECIAL 5/13/93 MUNICIPAL ELECTION TO BE HELD NOVEMBER- 2, 1993, FOR PURPOSE OF SUBMITTING TO THE VOTERS A BALLOT QUESTION AS TO E- WHETHER THE CITY OF MIAMI SHALL BE AUTHORIZED TO EXCEED THE CONSTITUTIONAL F;7: 10 MILES LIMITATION BY THE LEVY FOR AN ADDITIONAL AD VALOREM TAX OF NOT MORE t= THAN 2 MILLS, FOR A PERIOD NOT TO #- EXCEED TWO YEARS, FOR PROVISION OF ADDITIONAL SWORN POLICE OFFICERS AND RELATED EQUIPMENT FOR THE BENEFIT OF THE CITIZENS OF THE CITY OF MIAMI. r 43. DISCUSSION CONCERNING FLORIDA HOUSING DISCUSSION 249-256 COOPERATIVE, INC. -- DIRECT CITY 5/13/93 MANAGER TO TRY TO SECURE THE CITY'S POSITION WITH RESPECT TO LAND. w 3� 'f=f 44. RATIFY CITY MANAGER'S ACTIONS IN R 93-315 266-267 WAIVING COMPETITIVE BIDDING PROCEDURES 6/13/93 FOR FURNISHING AND INSTALLATION OF !' CARPETING IN CITY OFFICES ON AN EMERGENCY BASIS AND ISSUING PURCHASE ORDERS TO FLORIDA CARPET CORPORATION -- ALLOCATE FUNDS (s5,100). 46. DISCUSSION BY REPRESENTATIVES OF DISCUSSION 258-260 - FRIENDS OF HAITI NATIONAL FOUNDATION, 6/13/93 INC. CONCERNING THEIR REQUEST FOR SEED MONEY IN CONNECTION WITH ESTABLISHMENT OF A PROGRAM FOR YOUTH IN THE HAITIAN j- COMMUNITY -- REFERRED TO LAW +'r ENFORCEMENT TRUST FUND. 46. AUTHORIZE STATE OF FLORIDA TO ERECT AND R 93-316 260-263 MAINTAIN AN INFORMATION SIGN, AT THE 5/13/93 STATE'S SOLE EXPENSE, AT A LOCATION - WITHIN THE PUBLIC RIGHT-OF-WAY ON S.E. BAYSHORE DRIVE AT 14TH STREET, IDENTIFYING THE VIRGINIA KEY "BILL SADOWSKI" CRITICAL WILDLIFE AREA. 47. REFER TO CITY MANAGER REQUEST BY M 93-317 263-269 DOUGLAS BROEKER FOR DRAFTING OF AN 5/13/93 ORDINANCE WHICH WOULD PROVIDE TAX INCENTIVES TO OWNERS OF HISTORICALLY- — DESIGNATED PROPERTIES FOR IMPROVEMENTS MADE. 1 48. (A) DISCUSSION CONCERNING WYNWOOD M 93-318 COMMUNITY ECONOMIC DEVELOPMENT R 93-319 CORPORATION / SNID BOARD MEETING. R 93-320 (B) STIPULATE THAT CITY COMMISSION WILL 5/13/93 APPOINT FIVE OUT OF A 'TOTAL OF 12 MEMBERS OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. BOARD -- STIPULATE MEMBERS SHALL BE CITY RESIDENTS OR HAVE A PLACE OF BUSINESS IN THE CITY. (C) APPOINT INDIVIDUALS TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. BOARD. (Appointed were: Rev. Jose Luis Menendez, Luis De Rosa, Dr. Castell Bryant, and Pablo Perez -Cisneros; Commissioner Alonso's appointee to be submitted, in writing, at a later time.) (D) SUPPORT CITY'S JOINT APPLICATION WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. FOR A $5.5 MILLION GRANT FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION -- TO ASSIST WITH FINANCING OF THE WYNWOOD FOREIGN TRADE ZONE -- AUTHORIZE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS. 49. BRIEF STATEMENT BY COMMISSIONER DAWKINS DISCUSSION ANNOUNCING THAT AGENDA ITEM 37 (FUNDING 5/13/93 OF AMERICAN AIRLINES MIAMI MILE) HAD BEEN SETTLED -- ITEM WITHDRAWN. 50. BRIEFLY DISCUSS AND REFER TO CITY R 93-321 MANAGER FUNDING REQUEST BY CENTER FOR 5/13/93 VISUAL COMMUNICATIONS, INC. TO SUPPORT THE MARJORY STONEMAN DOUGLAS ART EXHIBITION AND 103RD BIRTHDAY CELEBRATION -- REITERATE POLICY OF COMMISSION THAT NO FUNDING REQUESTS ARE TO BE PLACED ON THE AGENDA UNLESS THERE IS A PRIOR POSITIVE RECOMMENDATION FROM THE CITY MANAGER. 51. DISCUSSION CONCERNING NEED FOR DISCUSSION COOPERATION BETWEEN THE AMERICAN 5/13/93 AUTOMOBILE ASSOCIATION (AAA) AND TOWING COMPANIES OPERATING WITHIN THE CITY -- REFER TO ADMINISTRATION. 270-299 299 300-307 308-311 §Z Y • $2. AUTHORI2E CITY MANAGER TO SUBMIT GRANT APPLICATION FOR $600*000 TO THE U.S ECONOMIC DEVELOPMENT ADMINISTRATION CONCERNING CREATION OF A FILM INCUBATOR / PRODUCTION AND INFORMATION CENTER TO 5E LOCATED AT 3930 N.E. 2 AVENUE -- ALLOCATE MATCHING FUNDS ($200,000) FROM 19TH YEAR CDBG FUNDS. 53. ACCEPT BID: AMERICAN ALUMINUM ACCESS, INC. -- FOR FURNISHING 28 K-9 CAGES TO BE INSTALLED IN POLICE PATROL CARS FOR DEPARTMENT OF GSA AND SOLID WASTE / FLEET MANAGEMENT DIVISION -- ALLOCATE FUNDS ($429728). 54. DISCUSS REQUEST RECEIVED BY MR. M.L. EASLEY AND MR. HENRY CRESPO FOR PROPOSED CODESIGNATION OF N.W. 55 STREET BETWEEN 17 AND 18 AVENUES AS: P.W. WILLIAMS STREET -- REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR THEIR REVIEW AND RECOMMENDATION. M 93-322 5/13/93 M 93-323 5/13/93 M 93-324 5/13/93 55. DISCUSS ISSUE OF UNLICENSED - ILLICIT DISCUSSION CAR WASHES OPERATING THROUGHOUT THE 5/13/93 CITY. 56. GRANT REQUEST FROM LATIN CHAMBER OF COMMERCE (CAMACOL) FOR: (a) DESIGNATION OF THE DAY OF TONY CUESTA'S DEATH AS: CUBAN EXILE DAY; AND (b) DESIGNATION OF SPACE ON CUBAN BOULEVARD BETWEEN S.W. 10 AND 13 AVENUES FOR ERECTION OF A DOUBLE OBELISK IN HONOR OF ANTONIO 14ACEO AND TONY CUESTA. 57. REFER TO CITY MANAGER REQUEST BY U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) FOR REESTABLISHMENT OF AN FAA AIR NAVIGATION FACILITY (VORTAC) ON VIRGINIA KEY -- INSTRUCT MANAGER TO NEGOTIATE TERMS AND COME BACK TO COMMISSION WITH RECOMMENDATION. R 93-325 5/13/93 M 93-326 5/13/93 311-313 313-316 315-316 317-326 326-327 328-331 $66 DISCUSSION CONCERNING FUNDING REQUEST DISCUSSION BY HOME FOR THE HOLIDAYS IN SUPPORT OF 5/13/93 THEIR NETWORK TELEVISION PRODUCTION AND MULTI -CITY FUND-RAISERS TO BENEFIT HOMELESS, HUNGRY AND FOR HURRICANE RELIEF -- REFER TO CITY MANAGER FOR NEGOTIATION. 59. GRANT REQUEST BY MIAMI / BAHAMAS R 93-327 GOOMBAY FESTIVAL IN COCONUT GROVE, INC. 5/13/93 FOR PERMISSION TO SELL ALCOHOLIC BEVERAGES AT THE GOOMBAY FESTIVAL. 60. WAIVE FEES FOR USE OF MIAMI MARINE R 93-328 STADIUM IN CONNECTION WITH THE 22NO 5/13/93 ANNUAL MIAMI BUDWEISER UNLIMITED HYDROPLANE REGATTA. 61. APPOINT SERGIO ROK TO THE DOWNTOWN M 93-329 DEVELOPMENT AUTHORITY BOARD (ODA) -- 5/13/93 NAME FORWARDED TO DDA FOR RATIFICATION. 62. COMMISSIONER PLUMMER ISSUES INVITATION DISCUSSION TO COMMISSION AND ADMINISTRATION TO 5/13/93 ATTEND THE AT&T PARTY AT BAYFRONT PARK AMPHITHEATER ON MAY 14TH. 63. DIRECT ADMINISTRATION TO ALLOCATE R 93-330 $19113.15 IN ORDER TO COVER SHORTFALL 5/13/93 INCURRED BY RESIDENTS OF THE NATOMA MANORS AREA IN GATHERING NECESSARY MONIES TO PERMANENTLY CLOSE DESIGNATED STREETS TO RESTRICT AREA TRAFFIC. 64. APPOINT MR. PATRICK O'BRIEN TO THE R 93-331 MIAMI RIVER COORDINATING COMMITTEE. 5/13/93 65. DIRECT CITY MANAGER TO PERMIT M 93-332 HELICOPTERS TO LAND ON THE FEC PROPERTY 5/13/93 UNTIL A MORE PERMANENT USE OF THE AREA IS INSTITUTED BY THE CITY COMMISSION. 331 -333 334-337 337-338 339-341 341-342 342-343 343-344 344-346 OW r 4 as. AUTHORIZE CITY MANAGER TO ENTER INTO A R 93-333 JOINT PARTICIPATION AGREEMENT WITH THE 5/13/93 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO IMPLEMENT THE WATSON ISLAND AIR TRANSPORTATION FACILITIES PLANNING PROGRAM AT ESTIMATED COST OF $150,000 -- FUNDING TO BE PROVIDED BY! (a) FEDERAL AVIATION ADMINISTRATION'S (FAA) ENTITLEMENT FUNDS FOR AIRPORT IMPROVEMENTS 1135,000); (b) STATE OF FLORIDA 7500�; AND (c) CITY OF MIAMI 7:500 . 67. SUPPORT CITY'S GRANT APPLICATION R 93-334 ($363,000) TO THE FLORIDA MOTOR VEHICLE 5/13/93 THEFT PREVENTION AUTHORITY -- FOR CITY'S IMPLEMENTATION OF COMPREHENSIVE AUTO RECOVERY STRIKE PROJECT -- EXECUTE NECESSARY DOCUMENTS. 68. (A) RECONSIDER AGENDA ITEM 24 M 93-335 CONCERNING PROPOSED RESOLUTION TO R 93-335.1 ACCEPT BID OF AMERICAN PAGING -- FOR 5/13/93 FURNISHING PAGER SERVICES TO POLICE DEPARTMENT. (8) ACCEPT BID: AMERICAN PAGING -- FOR FURNISHING PAGER SERVICES (ON A CONTRACT BASIS) FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($5,811) FROM LAW ENFORCEMENT TRUST FUND. (See label 31) 346-347 348 349-350 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 13th day of May, 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 9:08 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez Cesar Odio, City Manager Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present In a pledge of allegiance to the flag. r ----------------------.w...-----rr----­.r+r-----+rirrswr 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS: (A) DONATION ($1,180.99) TO THE CITY FROM FIFTH INTERNATIONAL CONGRESS OF ESTETIQUES, FRANCE, AND TWEEZERMAN CORP. OF GLEN COVE, NEW YORK, TO: THE BEAUTY RESCUE 92 HURRICANE RELIEF FUNDS. (B) PRESENTATION: MIAMI CHOSEN AS OUTSTANDING HOMETOWN FOR 1993 BY HOMETOWN U.S.A. (C) PRESENTATION: OUTSTANDING POLICE OFFICERS OF THE MONTH: JOSE GRANADO AND JACK GALYAR (FEBRUARY), AND JOSE PEREZ (MARCH). (D) PROCLAMATION: LUCITA HARDY-WAITE DAY. ------------------------------------------------------------------------------ 1. A donation was presented through the City of Miami Commission on Protocol by its chairperson, Virgilio Perez, for $1,180.99 to the "Beauty Rescue 92 Hurricane Relief Funds" to assist in the rebuilding efforts in the aftermath of Hurricane Andrew. These funds are being donated By Or. Rodolphe Le Grand, President of the 5th International Congress of Estetiques and Tweezerman Corp. of Glen Cover, New York. 2. A plaque was presented by Susan Gearou-Rogers to Mayor Xavier Suarez for his outstanding hometown for 1993 by Hometown U.S.A. 3. Commendations were presented to officers of the month; Jose Granado and Jack Galvar for the month of February 1993; Jose Perez for the month of March 1993. 4. Ms. Lucita Hardy -Wait was recognized by the American Association of University Women. A palm was named 1n Ms. Hardy-Wait's honor. Thursday, May 13, 1993 was proclaimed "Lucita Hardy -wait Day." NOTE FOR THE RECORD: On a motion duly made by omm ss oner ummer and seconded by Commissioner Dawkins, the minutes of Commission meetings of March 11 and 25, 1993, were approved by the Commission. ------------------------------------------------- EK 2 May 13, 1993 • Li ii i-ii ii i i--i--iTii.-i—i i. iiil iii�li i.-.Y iiiiif.,.ii ill�Gii yAr il-Yil ilY iY iYYilfilW YYY ii—•Yir-lflYA i-i- W �YF—.a ill lilt•-fYi ii 2. MISCELLANEOUS COMMENTS: (a) COMMISSIONER DAWKINS PRAISES CITY CLERK'S OFFICE FOR NEW AGENDA STATUS BOARD FOR IDENTIFICATION OF ITEMS ALREADY CONSIDERED; AND (b) COMMISSIONER PLUMMER STATES THE INTERNATIONAL TRADE BOARD PROGRAMS ON CHANNEL 9 WILL BE SEEKING DONATIONS FOR THE CLAUDE AND MILDRED PEPPER FOUNTAIN IN BAYFRONT PARK -- STATES BETTER TV COVERAGE OF THE PROCEEDINGS IS NEEDED. ------------------------------------------------------------------------------ Vice Mayor De Yurre: Mr. Mayor. Mayor Suarez: Yes, Mr. Vice Mayor. Vice Mayor De Yurre: Before we get into that, first of all, I want to commend the Administration for getting us the setup so that now we know what's withdrawn, what's still in place, what item we're on. Mayor Suarez: Very good. Vice Mayor De Yurre: And I think that's something that was needed here a long time ago. And secondly, Mr. Mayor, I would like to... Commissioner Plummer: Is that a pocket item? Vice Mayor De Yurre: No. At 5:00 o'clock this afternoon, if I may, I would like to bring up the issue of reconsidering of our decision at the last meeting of the Dinner Key Marina. Mayor Suarez: Very good. ------------------------------------------------- NOTE FOR THE RECORD: At this point, Vice Mayor De Yurre states a e w bring up the matter of the Dinner Key Marina restoration project at 5:00 p.m. ------------------------------------------------- Mayor Suarez: Mr. Gonzalez-Goenaga... Commissioner Dawkins: Also, Mr. Mayor... Mayor Suarez: Yes, Commissioner Dawkins. Commissioner Dawkins: Mr. Manager, I've gotten quite a lot of suggestions - not complaints - that as citizens are watching the televised hearings, they don't know what we're talking about because they just tuned in, so somehow, like they have those other captions, we should be able to put item so and so, or something, up under there, I don't know. Mr. Cesar Odio (City Manager):. Mr. Commissioner, I... Mayor Suarez: He wants a budget now. See, you've got to be careful with this guy. EK 3 May 13, 1993 Mr. Mot Watch him:, see him smiling? What happens is that.,. Mayor Suarez: He wants money. You should be able to do that without any great expenditure. Mr. Odio: ... we have to buy same equipment. We have the money, we think. Commissioner Plummer: All right. You know, I know that the Mayor has a probiem, but I want to tell you, my office has received comments that when they had the other cameras, that we got better coverage than what they had with the single camera. Mayor Suarez: No, no. I defer to the judgment of the expert on that item. Commissioner Plummer: Oh, OK. And I'm saying to you... Mr. Odio: if you want the full coverage, we can do it, and it's more professional. Commissioner Plummer: Mr. Manager, I'll say to you again as I said before. I am amazed at the amount of people that watch that program, and I'm even more amazed they find it interesting, OK? But it's the case, it's true. People actually watch it. Mr. Odio: No. They did, during the budget process, ask for some money to buy some equipment they need to be able to have the dual camera and all that. Right? Vice Mayor De Yurre: Well, my understanding was for about $50,000, we can have a tremendous set up system here that would really improve the quality of the programming, so 1f you... Mr. Odio: Yeah. When you approve the budget, you will approve that but... Vice Mayor De Yurre: You're going to have it in the budget. Mr. Odio: It is. Vice Mayor De Yurre: $50,000 to purchase... Mr. Odio: No, it's more than that. Vice Mayor De Yurre: How much is that? How much is it? Mayor Suarez: But it's not general revenues, is it? I mean don't we have it from the cable franchise? Mr. Odio: I'm looking for funds from the cable franchise, fifty to sixty thousand. Mayor Suarez: Yes, please. Commissioner Plummer: Well, can I clarify, Mr. Mayor? EK 4 May 13, 1993 \J Mayor Suarets Yea. Camissioner Plummer: White we're on the subject Mr. Manager, hello? You know, this Channel B, I have been, and in particular with the ITS, I have forced every imember of ITS to can up with a program that they would like to get on and I think some of the great programs they've had have been ITS. But I think we need to know how we can expand. For examrple, Mr. Manager, tell me now before 1 proceed. At gayfront Park, I was suggesting that we raise money with corporative sponsors for the fountain, and we'll - at a price to be determined, like $2,000 or $2,500 a week. Is Channel 9 available to say to the general public that the fountain was sponsored this week by "X" corporation? Mr. Odio: Yes, we can do that. Commissioner Plummer: OK. But those are the kind of things that I think we need to do. Mr. Odio: But let me tell you, Commissioner - you're right. Remember, we just tried this year what I - with this budget, we're taking care of it. There will be, inclusive in the fire college a studio where you could hold panels, if you so choose, about City business. And also... Commissioner Plummer: I'm just asking, how can we further expand the use of a good thing that we got going for us? Mr. Odio: The budget will take care of that. Commissioner Plummer: OK. I'll have them get in touch. 3.(A CONSENT AGENDA. (8 MISCELLANEOUS COMMENTS BY MANUEL GONZALEZ-GOENAGA ON VARIOUS CONSENT AGENDA ITEMS. Mayor Suarez: All right, very good. Mr. Gonzalez-Goenaga, what items did you want to hear individually? Mr. Gonzalez-Goenaga: Yes, I want to speak - well, good morning, first. Students, citizens, and lastly, the Commissioners. I want to speak or ask questions regarding CA-39 49 60 79 9 and 10. Commissioner Plummer: Manny, Manny, you and I are friends, but gentlemen do not wear hats inside of the house. Mr. Gonzalez-Goenaga: I am sorry. And the police, no. Mayor Suarez: sir. Items 3, 4, 5, 6, and 7, and 8. Go ahead and address those, EK 5 May 130 1993 Rz � zt- 'C i Mr. Gonzalez=Goenagas CK. Item.. Coeanissioner Plufner: Is that the Consent? Mr. 00026162-0661naga: Consent agenda, yes. Mayor Suarez: Well, he has - those are individual items. We may as well let him do all of them. Mr. Gonzalez-Goenaga: No, no. According to - 1f you read the agenda here... Commissioner Plummer: What happened to the consent agenda? Commissioner Alonso: This 1s the consent agenda. Mayor Suarez: Yes, yes. Commissioner Plummer: Aren't we on the consent agenda first? Commissioner Dawkins: That's what he's speaking on. Commissioner Alonso: This is consent agenda. That's exactly what it is. Commissioner Plummer: Oh, that's what I asked if he was on. Mayor Suarez: Oh, yeah, CA-3, 4, 5, 6, 7 and G. Commissioner Plummer: Fine. Mayor Suarez: Sort of a collective consideration of individual items that are supposed to be collectively voted on. Mr. Gonzalez-Goenaga: Well, I want to make an introduction to the students that are here today. What you study in the books about government is totally different from what you see here. What you study in government books is utopia. Here is a circus. Look at them. They are very well dressed today, and I call that this is kind of a - we are all in a ship of fools. Mayor Suarez: Mr. Gonzalez-Goenaga... Mr. Gonzalez-Goenaga: And he is the captain of the ship of fools, Mr. Suarez. OK, CA-3. Mayor Suarez: Right now, sir, you are contributing to make this, if anybody is, a circus is yourself. So please address the items. Mr. Gonzalez-Goenaga: Yes. We are talking here about a contract for police sergeant promotional process in the total amount of how many dollars? I saw $45,000, forty, and then on the lieutenant for the fire department, like 169000, something like that. Well, let me tell you something, and I'm speaking from my personal experience. I have dealt with two sergeants of the City of Miami who are - and I went through their records. They lack even education. They only have a high school degree from the Miami High, and you know sometime Miami High is Miami Low, because a lot of those River Cops came EK 6 May 139 1993 r .t out of that Miami Nigh. I don't know why these policemen, they are picked up from the Miami High. And I'm talking from knowledge and fact, not figures. Then secondly, I would like to minority females* I would like this Morris and McDaniel to interview me because I have been through the experience of police brutality by sergeants but not with a stick and a gun; with words, that sometime it hurt more than the stick. It's basically sensitivity, and thank God, the $300,000 contract was approved for the sensitivity study. Well, what 1s the difference between 60,000 that we lower this fire lieutenant and the 466000 that we have to pay a consultant? And also, I'm a consultant. I'd be doing it for free, I swear, or I will cooperate without being a minority consultant. I volunteer to be a minority consultant free of charge. Mayor Suarez. All right. And... Mr. Gonzalez-Goenaga: And, and... Mayor Suarez: Anything further? Mr. Gonzalez-Goenaga: You know, you learn more by experience than in the books. Remember that. Mayor Suarez: Very good. Mr. Gonzalez-Goenaga: Then on CA-6 and 7. I think I spoke on this issue. This is for the beautification, the external beautification of the Wynwood community. And I agree, I think that the prize is a little of the bit of the hands, two different consultants, the same contract, and 10,000 each. I'd love to have some more explanation on that. But the beautification is not on the outside. I love to see the beautification on the inside and the internal area, because what's the use of seeing a good facade when you go in there and everything you see 1n Wynwood is junk in the streets, and sometimes crime. And so, you see, the beautification has to be all over and I think we are spending too much money 1n this facade. I hate facades. i want to see the good heart and the waste department cleaning that Wynwood area. And then, on CA-9, now we have the bankers selecting committee for - I am not questioning the members of this appointed committee, but I would like to know if, to which bank are they in debt. My issue is full disclosure, and if this goes for everything. You see, I - the perception that the community gets is that these politicians are masters of deceit, and I have always and always emphasized full, fair, honest disclosure. It's nothing wrong to tell the truth, and accountability. So in all these contracts, I'd love to see not only the approval, let's have a good accountability, how the money is spent and everything and make a full disclosure to the citizens, so when we go to the voting place, only in next November, we will know for whom to vote for. I don't want to be more 1n the dark 1n the City of Miami Commission. And I am a constant, I come here every - almost on all Commissions. And they claim that I am a disruptive person and I am only allowed to speak five minutes, the most. And they spend in one item, and foolish items, whole - sometimes the whole day. Thank you very much. Mayor Suarez: Thank you, Mr. Gonzalez-Goenaga. Commissioner Plummer: Mr. Mayor. EK 7 May 13, 1993 Commissioner Plummer: If I May, there are some very important people, important because of the jobs that they do, but also important in the community. I would ask if we could take Mr. Ira Clark, the head of Jackson Hospital, and Mr. Jay Weiss, the head of the board of directors. They're here on an item before us in reference to the monies for the trauma center. Could we take them out of line so they can get back to work, Mr. Mayor? Mayor Suarez: That's fine with me. Commissioner Plummer: I'd appreciate it. Commissioner Dawkins: Right after we do the consent agenda. Mayor Suarez: Yes. And we've got, I understand, a motion on the consent agenda. Commissioner Plummer: Mr. Mayor, 1 would give you a motion with the exception of item 2. 1 would like to discuss item 2. Mayor Suarez: Items CA-1 through CA-10, item 2 exempted. Commissioner Plummer: Other than that, I will move it, Mr. Mayor. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. E ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, THE CONSENT AGENDA WITH ABOVE - EXCEPTIONS, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Ai onso z- Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins - ABSENT: None. EX 8 May 13, 1993 3.1 ACCEPT 9I0t POSTAL WORLD SERVICES -- FOR FURNISHING I4AILING SERVICES FOR FINANCE DEPARTMENT -- ONE-YEAR CONTRACT WITH OPTION TO EXTEND. RESOLUTION NO. 93-273 A RESOLUTION ACCEPTING THE BID OF POSTAL WORLD SERVICES FOR THE FURNISHING OF MAILING SERVICES ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR THE DEPARTMENT OF FINANCE AT A TOTAL PROPOSED COST OF $69592.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NUMBERS 260301-340 ($5,450.00) AND 260701-340 ($3,142.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.2 ACCEPT PROPOSAL: MORRIS AND McDANIEL, INC. -- TO CONDUCT JOB ANALYSIS FOR CLASSIFICATION OF POLICE SERGEANT, TO DEVELOP WRITTEN TEST, AND TO CONDUCT AN ORAL BOARD ASSESSMENT -- ALLOCATE FUNDS ($40,501.44) -- EXECUTE AGREEMENT. RESOLUTION NO. 93-274 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL OF MORRIS & MCDANIEL, INC., TO CONDUCT A JOB ANALYSIS FOR THE CLASSIFICATION OF POLICE SERGEANT AND TO DEVELOP A WRITTEN TEST CONSISTING OF 155 MULTIPLE CHOICE QUESTIONS DERIVED FROM A RECOMMENDED PROMOTIONAL BOOK LIST, AND TO CONDUCT AN ORAL BOARD ASSESSMENT OF THOSE DOMAINS OF THE JOB OF POLICE SERGEANT THAT ARE NOT EASILY ASSESSED USING TRADITIONAL PAPER AND PENCIL TESTS, FOR A TOTAL PROPOSED COST OF $40,501.44; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE NO. 290201-270; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MORRIS & McDANIEL, INC., FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) EK 9 May 13. 1993 so 3.3 ACCEPT PROPOSAL: BOOTH RESEARCH GROUP, INC. -- TO DEVELOP / ADMINISTER A CANDIDATE ORIENTATION PROGRAM AND A PROMOTIONAL EXAMINATION PROCESS (DEVELOPED FROM A RECOMMENDED PROMOTIONAL BOOK LIST) FOR THE CLASSIFICATION OF FIRE LIEUTENANT -- ALLOCATE FUNDS ($169400) -- ENTER INTO AGREEMENT. RESOLUTION NO. 93-275 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL OF BOOTH RESEARCH GROUP, INC., TO DEVELOP AND ADMINISTER A CANDIDATE ORIENTATION PROGRAM AND A PROMOTIONAL EXAMINATION PROCESS DEVELOPED FROM A RECOMMENDED PROMOTIONAL BOOK LIST FOR THE CLASSIFICATION OF FIRE LIEUTENANT FOR A TOTAL PROPOSED COST OF $161,400.00; ALLOCATING FUNDS FOR SAID SERVICES FROM THE CITY OF MIAMI DEPARTMENT OF P€RSONNEL `NANAG€MichT GENERAL OPERATING BUDGET, INDEX CODE NO. 270101-270; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BOOTH RESEARCH GROUP, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.4 AUTHORIZE AGREEMENT WITH COCONUT GROVE CEMETERY ASSOCIATION, INC. -- TO PROVIDE A GRANT ($50,000) FOR CONSTRUCTION 1 SUPERVISION OF A CORAL ROCK WALL AND INSTALLATION OF AN IRON SECURITY GATE AT THE COCONUT GROVE AND FRANKLIN AVENUE CEMETERY (3670 CHARLES AVENUE) -- ALLOCATE FUNDS FROM 18TH YEAR CDBG PROGRAM. RESOLUTION NO. 93-276 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COCONUT GROVE CEMETERY ASSOCIATION, INCORPORATED, A FLORIDA NONPROFIT CORPORATION, TO PROVIDE A GRANT IN THE AMOUNT OF $509000 FOR THE CONSTRUCTION AND SUPERVISION OF A CORAL ROCK WALL AND THE INSTALLATION OF AN IRON SECURITY GATE AT THE COCONUT GROVE AND FRANKLIN AVENUE CEMETERY LOCATED AT 3670 CHARLES AVENUE (REAR ENTRANCE), COCONUT GROVE, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) EK 10 May 13, 1993 3.6 AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH BRANDELL STUDIOS, INC. — TO DESIGN AND FABRICATE SCULPTED METAL GATEWAY FEATURES (AS PART OF PREVIOUSLY APPROVED N.W. 2 AVENUE BEAUTIFICATION PROJECT IN WYNWOOD COMMUNITY) TO BE INSTALLED AT INTERSECTION OF N.W. 2 AVENUE AND 36 STREET AS PART OF AN OVERALL STREET IMPROVEMENT PLAN -- AUTHORIZE COMPENSATION ($109000 -- FROM PREVIOUSLY ALLOCATED 17TH YEAR CDBG GRANT FUNDS). EK RESOLUTION NO. 93-277 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BRANDELL STUDIOS, INC., TO DESIGN AND FABRICATE SCULPTED METAL GATEWAY FEATURES, AS PART OF THE PREVIOUSLY APPROVED NORTHWEST 2ND AVENUE BEAUTIFICATION PROJECT IN THE WYNWOOD COMMUNITY, MIAMI, FLORIDA, TO BE INSTALLED AT THE INTERSECTION OF NORTHWEST 2ND AVENUE AND 36TH STREET AS PART OF AN OVERALL STREET IMPROVEMENT PLAN; FURTHER AUTHORIZING COMPENSATION FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED $10,000.00, FROM PREVIOUSLY ALLOCATED 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, FOR THE PERIOD COMMENCING UPON EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT AND ENDING UPON COMPLETION OF PROFESSIONAL SERVICES WITHIN THE SPECIFIED TERM OF SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 11 May 13, 1993 3.6 AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH JEAN CLAUDE RIGAUD == TO DESIGN / FABRICATE SCULPTED METAL GATEWAY FEATURES (AS PARS' OF PREVIOUSLY APPROVED N.W. 2 AVENUE BEAUTIFICATION PROJECT IN WYNWOOD COMMUNITY] TO BE INSTALLED AT INTERSECTION OF N.W. 2 AVENUE AND 29 STREET AS PART OF AN OVERALL STREET IMPROVEMENT PLAN -- AUTHORIZE COMPENSATION ($109000 -- FROM PREVIOUSLY ALLOCATED 17TH YEAR CDBG GRANT FUNDS) . RESOLUTION NO. 93-278 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JEAN CLAUDE RIGAUD, TO DESIGN AND FABRICATE SCULPTED METAL GATEWAY FEATURES, AS PART OF THE PREVIOUSLY APPROVED NORTHWEST 2ND AVENUE BEAUTIFICATION PROJECT IN THE WYNWOOD COMMUNITY, MIAMI, FLORIDA, TO BE INSTALLED AT THE INTERSECTION OF NORTHWEST 2ND AVENUE AND 29TH STREET AS PART OF AN OVERALL STREET IMPROVEMENT PLAN; FURTHER AUTHORIZING COMPENSATION FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED $10*000.00, FROM PREVIOUSLY ALLOCATED 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, FOR THE PERIOD COMMENCING UPON EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT AND ENDING UPON COMPLETION OF PROFESSIONAL SERVICES WITHIN THE SPECIFIED TERM OF SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.7 APPROVE AGREEMENT TO CONTINUE ENTITY KNOWN AS THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM -- DESIGNATE CITY MANAGER TO CONTINUE SERVING AS CITY'S REPRESENTATIVE -- EXECUTE AGREEMENT. RESOLUTION NO. 93-279 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE AGREEMENT TO CONTINUE THE ENTITY KNOWN AS THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; DESIGNATING THE CITY MANAGER TO CONTINUE SERVING AS THE CITY OF MIAMI REPRESENTATIVE TO THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO CONTINUE THE ENTITY KNOWN AS THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) EK 12 May 13, 1993 3.8 SELECT QUALIFIED PROPOSERS IN ACCORDANCE WITH PROVISIONS OF THE BANKING SERVICES REQUEST FOR PROPOSALS (RFP) -- AUTHORIZE CITY MANAGER TO PROCEED WITH FINAL SELECTION FROM PRE -QUALIFIED LIST OF BANKS (BARNETT BANK, FIRST UNION BANK AND SUNBANK), BASED ON A SEALED BID FOR PRICE ONLY. RESOLUTION NO. 93-280 A RESOLUTION SELECTING AND APPROVING QUALIFIED PROPOSERS IN ACCORDANCE WITH THE PROVISIONS OF THE BANKING SERVICES REQUEST FOR PROPOSALS AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE FINAL SELECTION, FROM THIS PRE -QUALIFIED LIST OF BANKS, BASED ON A SEALED BID FOR PRICE ONLY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.9 AMEND RESOLUTION 93-195, WHICH DECLARED THAT MOST ADVANTAGEOUS METHOD DEVELOP CERTAIN IMPROVEMENTS ON CERTAIN CITY -OWNED LAND WAS BY UDP RESCHEDULE PUBLIC HEARING TO CONSIDER ISSUANCE OF AN RFP FOR VIRGINIA KEY BOAT YARD. RESOLUTION NO. 93-281 A RESOLUTION AMENDING SECTION 4 OF RESOLUTION NO. 93-195 ADOPTED MARCH 259 1993 WHICH DECLARED THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CERTAIN CITY OWNED LAND WAS BY A UNIFIED DEVELOPMENT PROJECT (UDP) AND SCHEDULED A PUBLIC HEARING FOR MAY 13, 1993 AT 3:00 P.M. TO CONSIDER THE ISSUANCE OF AN RFP FOR THE BOAT YARD AT VIRGINIA KEY KNOWN AS THE VIRGINIA KEY BOAT YARD, MIAMI, FLORIDA; THEREBY PROVIDING THAT SAID PUBLIC HEARING BE RESCHEDULED TO JUNE 17, 1993 AT 3:00 P.M. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) TO THE 4. AUTHORIZE PURCHASE OF 309000 CURBSIDE RECYCLING CONTAINERS (UNDER EXISTING CITY OF JACKSONVILLE BID NO. XF-0568-93) FROM REHRIG PACIFIC COMPANY FOR DEPARTMENT OF GSA AND SOLID WASTE -- ALLOCATE FUNDS ($899100) FROM FY 193 SOLID WASTE REDUCTION, RECYCLING AND EDUCATION SPECIAL GRANT FUND. Commissioner Plummer: Mr. Manager, very quickly. Hello. Hello. Calling collect. Mr. Manager, my concern in item 2, I'm assuming that the purchase of $90,000 is, in fact, one bucket for every household. EK 13 May 13, 1993 Mr. Cesar Odio (City Manager): Yeah. We have got to have two buckets per household. This is going to full recycling. This is part of the deal we made With the SEA (Sanitation Employees Association), to buy the containers right away so that they can go - we want to be full recycling by next month. f Commissioner Plummer: OK. Just to note for the record, we will have two baskets when, per household? Mr. Odio: First, we're going to start with one. Commissioner Plummer: OK. Because one 1s inadequate. Mr. Odio: One sometimes. Commissioner Plummer: OK. In the County, I think you get three. Two. Mr. Odio: Two. Commissioner Plummer: OK. So I'm saying to you... Mr. Odio: This is to go to full when... Commissioner Plummer: ... at this particular time, if you take the morning paper, that will fill up, in the run of one week, that will fill up one bin, especially if you got it like I do, English and Spanish and a Sunday paper. Now, that leaves nothing for cans or bottles. So I'm saying to you that if - we're going to be honest with ourselves or going into this program in a good way, that we've got to have two baskets instead of one. Mr. Odio: OK. We should be going to two, but once we get the whole City by next month covered. Commissioner Plummer: OK. Mr. Mayor, with that understanding, I will move CA-2. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Call the roll. Mr. Odio: In Europe, what they do... Commissioner Dawkins: If you prolong it, you'll get the vote no. leave i t alone now. leave it alone. Commissioner Alonso: Just one question. This is part of the agreement, it's not an additional amount than the agreement? Mr.'Odio: This is part of the agreement. What I was going to say, we were looking at putting containers, recycling container bins in strategic areas of the City so that people can dui their stuff there and separate it, and then we don't have to have that many individual ones. EK 14 May 13, 1993 Matyor Suarez: All right, So moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Well, no. Let me let me r Mr. Manager, I brought this up before. And I'm sorry, Mr« Mayor. Mayor Suarez: All right, Commissioner Plummer. Commissioner Plummer: I put my bin right at the sidewalk, all right? Well, some of my neighbors are asking now, because I don't want a special privilege. Commissioner Dawkins: You will never get that. Commissioner Plummer: What is curbside? Mr. Odio: Between the street and the sidewalk. Commissioner Plummer: So in other words, keeping on the other side of the sidewalk, I'm then asking for a special privilege? Mr. Odio: Well, you're asking for a one man truck to actually, you know, 1t would - it's very minimal manning of the trucks. Commissioner Plummer: Can I say to you, I'll comply, all right? Mr. Odio: Thank you. Commissioner Plummer: But let me tell you something. When you drive down the street, if the buckets were green, it might look a little better, and I would suggest you consider that with the new ones. When you drive down the street and you see a whole bunch of blue buckets out in the middle of the street that stay there all day, because people don't come home, I don't think it's very, very aesthetically... what we're looking for. OK? Thank you, Mayor. Mayor Suarez: OK. I guess the blue was done in honor of the students from Silver Bluff. Commissioner Plummer: That's true. And it's the same color. Commissioner Alonso: Yes. Mayor Suarez: Second to the fifth grade. I want you to know you're only going to be here another few minutes. There are some interesting presentations about to be made. There was one that you just heard from Mr. Manolo Gonzalez-Goenaga. He comes to almost every Commission meeting. He says a lot of interesting things. And since you are elected members of the Student Council - right? That will show that sometimes you have to listen to people that you don't agree with, and do it as patiently, with as much understanding as possible, even though sometime he says things that are quite, quite outrageous and insulting. We also have... Commissioner Plummer: No. EK 15 May 13, 1993 10 _4h Mayor Suarez: ... today, this front row of people here are very important. They run Jackson Memorial Hospital. Fifty percent of all the patients there are estimated to be City of Miami residents, and the one here closest to the middle with mostly a head full of hair, but missing a few here and there, is Ira Clark. He directs the whole operation. And you have right behind him Sergeant Williams who, in addition to being a sergeant, is the head of the Police and Fire Fighters Union Pension Board, rather. So he has two hats. And then all the way to the back over there, those scruffy looking guys are the heads of the other unions, fire fighters, the solid waste guys kind of hiding back there and the General Employees Union guy, the scruffiest looking of the bunch, just walked out, but he'll be back, I'm sure. So there's some very important people present here because some important items are going to be taken up. The issue with Jackson Memorial has to do with the commitment made by the City of Miami to help them with the trauma center, and the fact that the funds that we were planning to use are given to us by the federal government to administer, it turns out now that what we wanted to do with those funds is not exactly within federal guidelines. So, you see, you have the federal goverment, the City of Miami; Jackson Memorial, which is a Public Health Trust administered agency of Metropolitan Dade County serving the City of Miami residents. It's a lot of linkages between different governmental agencies, and we're trying to struggle with them and serve the people as well as we possibly can. So at Commissioner Plummer's request, we'll take up that item. What item is it on the agenda? Commissioner Dawkins: Nine. Mayor Suarez: Thank you, Commissioner Dawkins. Ms. Matty Hirai (City Clerk): Excuse me, Mr. Mayor, we need to complete the roll call of the agenda. Mayor Suarez: Oh, I'm sorry. The following resolution was introduced by Commissioner Plummer, who moved its adoption: EK RESOLUTION NO. 93-282 A RESOLUTION AUTHORIZING THE PURCHASE OF THIRTY THOUSAND (30,000) CURBSIDE RECYCLING CONTAINERS UNDER AN EXISTING CITY OF JACKSONVILLE, FLORIDA BID NO. XF- 0568-93 FROM REHRIG PACIFIC COMPANY FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT A TOTAL PROPOSED AMOUNT OF $89,100.00; ALLOCATING FUNDS THEREFOR FROM THE FY-93 SOLID WASTE REDUCTION, RECYCLING 8 EDUCATION SPECIAL GRANT FUND, PROJECT NO. 197005, ACCOUNT CODE NO. 421303-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE CONTAINERS. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) 16 May 13, 1993 and ad on byinthe seconded onde byingvC issioner Alonso, the resolution was passed AYES: Commissioner Miriam Al oriso Commissioner Miller is Dawkins Commissioner J. L. Plummer, Jr. vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 5. AUTHORIZE PAYMENT OF $3009000 TO JACKSON MEMORIAL FOUNDATION AS THE CITY'S CURRENT YEAR CONTRIBUTION IN SUPPORT OF THE TRAUMA CENTER LOCATED IN JACKSON MEMORIAL HOSPITAL COMPLEX (PURSUANT TO RESOLUTION 89-830). ------------------------------------------------------------------------------ Mayor Suarez: OK. Item 9 then. Commissioner Plummer: Item 9, Mr. Mayor, please. Mayor Suarez: Who would be making the presentation, counselor? Commissioner Dawkins: You know what, Mr. Mayor? Mr. Mayor... Mayor Suarez: Yes, sir. Commissioner Dawkins: We've been through this. I move it. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Commissioner Plummer: Well, that's fine and under discussion. Ira and to Jay Weiss, the manager would like to discuss, and I think fully within the purview of a City Manager, that you all are trying to buy some property from the City, that in the years to come that we still owe the money, that the price of the property that we obviously are going to sell to you be deducted as our contribution of the $300,000 to this trauma fund. Just asking that you sit down and talk to it in the future, you're going to get your 300 now, OK? How much? The next... Mr. Cesar Odio (City Manager): 600,000. Commissioner Plummer: We have what; two more payments after this? Unidentified Speaker: We'd be glad to discuss that. Commissioner Plummer: Two more payments. That those payments be considered as part of the property that you're going to acquire in the amount of :honey. EK 17 May 13, 1993 rf . I think that's well within the reason of the Manager to ask such and with that, then Mr. Mayor, if you would call the roll* Mayor Suarez: What is the source of the funding? Mr. Odio: This was general fund. I have no choice. There are Special Programs and Accounts. Mayor Suarez: Does this entail a change in the budget ordinance then for the incoming year, or are we voting on next fiscal year? Mr. Odio: No, this is now. Commissioner Plummer: No, this was due last October, Mr. Mayor. Mr. Odio: This is from this budget, we'll take care of it, but for next year... _ Mayor Suarez: Where is the money going to come from within the budget, then? Where is the shift in the budget, then, that we should... Mr. Odio: If we can agree to one, if we can agree to this, the next 600,000, community development monies can be used then. Mayor Suarez: How is it going to be that we can use them in the... Mr. Odio: Because you're buying property, and then it qualifies. Mayor Suarez: I see. So you're saying that somehow we can make the adjustment in the future so that what we intended to be the source of the funds can be used by using it for property acquisition. Mr. Odio: Yes. Commissioner Alonso: But your question was this year. Mr. Odio: This year, we're stuck. If you pass this, I have to find in the Special Programs and Accounts, $300,000. Commissioner Alonso: Well, it should have been budgeted, first of all... Mr. Odio: Well, it was budgeted in community development. Commissioner Alonso: ... but it is my understanding that we have a saving of one million - where is Nano Surana? Mr. Odio: He's upstairs in a meeting. Mayor Suarez: Is there any cap - I'm sorry. Commissioner Alonso: I was told yesterday that we were going to have a saving with an item that we would hopefully pass today, and I was told that we were going to have a savings of over a million. So I suppose the money will come from the savings. EK 18 May 139 1993 Mayor Suarez: Mlhith item is that? Commissioner Alonso: Let me see what the number is. Can we get Nand Surana here? Mayor Suarez: Is it in the nature of a capital account or divestiture... Commissioner Alonso: It should go through the general fund. Mayor Suarez: ..a or savings of what sort? Commissioner Alonso: It was from the pension plan. Mr. Odio: No, no. Are you talking about the pension fund? Commissioner Alonso: Yeah. Mr. Odlo: That would be for next year and that will be... Commissioner Alonso: No, no, no, no, no, no, no. Mr. Odio: No, no. Yes, yes. it... Commissioner Alonso: I was told that the money was going to be a savings for this year. Mr. Odio: Well, let me explain, Commissioner. This proposal in front... Commissioner Alonso: Al. you were present at the meeting, were you not? Mr. Odio: This proposal in front of you today, Commissioner... Commissioner Alonso: Yes. Mr, Odio: ... will not be approved today. You will begin one approval, then it has to go to the court. When the court approves it, then it becomes effective, which we are hoping will be October 13t. Commissioner Plummer: Ira... Commissioner Dawkins: Hold it, hold it, hold it. Because I was busy. i Commissioner Plummer: Mr. Clark, will you promise me, sir, that if one of us comes to the trauma center, you won't take as long to treat us as it does to - get you your money?< Mr. Ira Clark: (Inaudible.) Commissioner Plummer: Thank you, sir. Commissioner Dawkins: OK. You know, what we are we saying? Commissioner Alonso: No, we gave them the money. X EK 19 May 139 1993 xv;._ Commissioner Dawkins: Do they get the money today or do they not? Commissioner Alonso: It's an understanding. Now we're discussing where the Money is Coming from. 'that's a different story. Mayor Suarez: All right. Commissioner Dawkins... Commissioner Alonso: That's a commitment that the City of Miami made and we honor our commitments, that's all. Commissioner Plummer: That's it. Mayor Suarez: Commissioner Dawkins. Commissioner Alonso: It's as simple as that. Commissioner Dawkins: Are we giving them the money now, or are we not giving them the money now? Commissioner Alonso: Yes. Mr. Odio: We have to give them the money now. Commissioner Dawkins: We are giving them the money now. Call the roll. Commissioner Plummer: This time, yes. Mayor Suarez: Excuse me, Commissioners. Are you finished with your inquiry? Commissioner Alonso: Yes. Mayor Suarez: Mr. Manager, once again, a very simrple question. If the answer 1s you don't know, then tell me you don't know. Where in this year's budget are you going to get the $300,000? Mr. Odio: It would be from the Special Programs and Accounts. Commissioner Dawkins: The slush fund. Mr. Odio: Whatever funds we have, and we will have a tine item that was not spent, or we have monies coming in from the federal government on loss of business for this year, so they will go 1n there and you can take it from there. I didn't want to do this. Now, don't ask me if I want to do this. I'll say one more time, we should not be doing this. Mayor Suarez: All right. Commissioner Plummer: Wait, wait, wait. Mr. Odio: Yes, I said that on the record and... Commissioner Plummer: We should not be doing what? EK 20 May 13, 1993 r- E Mr. Odio: giving the $300,000, Commissioner Ptummert Well, I'm sorry, touch disagreement on that, sir. Mr. Odio: We do. Whoa, whoa, whoa# We have a Very Commissioner Plummer: Forty-eight percent of their welfare cases come from within the City of Miami, OK? Mr. Odio: Yeah, Commissioner Dawkins: Wait a minute, J. L. Let's don't even go into that, OK? Commissioner Plummer: Well. No, no, no. I can't... Commissioner Dawkins: We need a trauma center, OK? Commissioner Plummer: I can't let that statement go without having a... Commissioner Dawkins: At the very beginning, this Commission said it supported a trauma center, because it was needed. And five members - I think it was five of us - agreed to provide 300. Now, the manager can disagree all he wants. The manager does not set the policy. The Manager implements the policies set by this Commission. This Commission decided to give $300,0000 and we just - and we're getting ready to vote to see 1f three members say so. If three members say so, let's get it over with and whatever - I hear the Manager say it, but we're finding money all the time. Every time I look up we're finding money. So the $300,000 will be found and cut out someplace else. Mayor Suarez: Mr. Manager, on the special programs, Special Programs and Accounts- is that the correct term? You know, for almost eight years, I have been arguing that that fund, which I think, when I first got elected, was almost $25,000,000 or even higher than that, should be basically apportioned into the various specific categories that are in the budget and that make sense to people who read the budget. And having a catchall phrase like that and a sort of slush fund or whatever, Special Programs and Accounts, is not good public accounting. Mr. Odio: it is not a slush fund, it is not. Now, you're asking me on one hand to find the money. I find the money, and then... Mayor Suarez: I haven't asked anything. Mr. Odio: Well I don't... Mayor Suarez: I made a statement, and I'm about to ask a question. In next year's budget, as you prepare it, do you have any estimate right now as to what the Special Programs and Accounts will contain? What the total amount will be, and categories included. Mr. Odio: We do, but I have a million numbers... EK 21 May 130 1993 Mayor Suarez: When you prepare that, preliminarily, I think Commissioner Dawkins has already put a rne:no out saying we haven't seen too many preliminary figures on the budget. Mr. Odio: You will have the budget finalized and handed to you by July 1st. Mayor Suarez: OK. I want, for myself, a separate analysis of the Special Programs and Accounts. I want you, for my vote, to reduce that and put it, apportion it among the various categories that are in the Special Programs and Accounts. It should be a minimal amount. It's like a miscellaneous fund for us, and having a miscellaneous fund of twenty five or thirty million dollars when your entire budget is 260,000,000 of good accounting, in my thinking. All right. Any further questions? If not, please call the roll on the item. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-283 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A PAYMENT SIN THE AMOUNT OF $300,000 TO JACKSON MEMORIAL FOUNDATION AS THE CITY OF MIAMI'S CURRENT YEAR'S CONTRIBUTION IN SUPPORT OF THE MEMORIAL HOSPITAL COMPLEX, PURSANT TO RESOLUTION NO. 89-830, ADOPTED SEPTEMBER 14, 1989; ALLOCATING FUNDS THEREFOR FROM THE SPECIAL PROGRAMS ACCOUNT. (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 Be Yurre NOES: Mayor Xavier L. Suarez ABSENT: None. Commissioner Dawkins: OK. For the youngsters, you've just heard a discussion on an item that was very controversial. The Jackson Memorial Hospital needed a trauma center. How many of you know what the trauma center is? OK. The trauma center is a center where catastrophic accidents and what happen are treated. And they take you there, because they have to stabilize you before they can even begin to treat you, and that's why it's called a trauma center; to reduce the trauma so that you can be treated for whatever, if you're in an automobile accident, or a burn, or what have you. So being a public entity, it had to raise money with which to build this trauma center. So the board asked each municipality to provide funding. At that time, the City of Miami promised $300,000. The Trust went ahead on our promise, built the trauma EK 22 May 13, 1993 C center, and they're still waiting for our $300,000. Welt, this morning, five Members up here told the Manager, we promised it, you give it to therm, so that if your parents, you, me, or anybody else need services at the trauma center, it's available. That's what we just did. Mr. Odio: May 1, Commissioner. Just for a second, I'm not looking like a criminal here, and like I don't want people to be treated at the trauma center. The reason I opposed that, kids, is that they passed a $20060000000 bond issue, and they are very rich, and they come here asking a little municipality for $300,000. Commissioner Dawkins: But don't -i you're correct. But they didn't do it. The County did it, Mr. Manager. The County passed the bond. The County reduced his contribution to them and therefore, that's why? Commissioner Plummer: Would you all leave, please, so we could stop this discussion. I mean, you know, as long as you sit here, they're going to talk about you. Mayor Suarez: Ira and Jay, as you leave, please extend, once again, to the youngsters, there's a good doctor over there who takes care of our police officers when they get, as Commissioner Dawkins explained, a trauma center is basically an emergency room, a sort of highfalutin emergency room, and there's a doctor there that we want to particularly convey our commendations and greetings, Dr. Gomez. I always forget his first name, but he has sewn up, and fixed up, and otherwise taken care of many of our police officers. And once again, convey to him our commendation for everything he does for our officers. All right. 6. RATIFY, IN PRINCIPLE, MEMORANDUM OF UNDERSTANDING WITH FRATERNAL ORDER OF POLICE, LODGE #20 AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 587 -- MODIFY FUNDING SECTION OF GATES SETTLEMENT -- REDEFINE CERTAIN FUNDING MECHANISMS RELATED TO COST -OF -LIVING ADJUSTMENTS AND ASSET VALUATION METHODS -- RESOLVE AMORTIZATION ISSUE RELATING TO FY 192-93 ACTUARIAL VALUATION REPORT OF FIRE FIGHTERS AND POLICE OFFICERS RETIREMENT TRUST TO SECURE APPROVAL OF MEMORANDUM OF UNDERSTANDING -- DIRECT CITY ATTORNEY TO DRAFT AN ORDINANCE IN ACCORDANCE WITH THE MODIFICATIONS OF SAID GATES SETTLEMENT AGREEMENT. ------------------------------------------------------------------------------ Mayor Suarez: Ladies and gentlemen, we're back to - we've finished the consent agenda, and we're on item 2, I believe, having taken up and passed item 9. The board is very helpful, Madam City Clerk. Ms. Matty Hirai: We're glad you like it, Mr. Mayor. Mayor Suarez: And it's particularly nice to have the items reflected and the action taken. Commissioner Alonso: Well done. EK 23 May 13, 1993 f C Mayor Suarez: And I guess she'll be focusing on then so that the general public then - Miss Lilly, do Y have that correct? There we go. Commissioner Plummer: Mr, Mayor, I move item 2 with discussion. Mayor Suarez: So moved. So moved. Commissioner Plummer: Hello? Is there anybody else hone? I move item 2. Commissioner Dawkins: All right, it's seconded, it's seconded. Mayor Suarez: Moved and seconded, thank you. Commissioner Dawkins: It's seconded. Mayor Suarez: All right. Discussion, Commissioner Plummer. Commissioner Plummer: Under discussion, let me congratulate the Administration, which I don't do very often, but they have done, in my estimation, a job which I think was absolutely going to be devastating to this City, had 1t not come about in some manner or form. There was no way that this City could continue with the Gates settlement because in the year 2000, there is no question, before the real crunch came in 2007, that this City would have been bankrupt. We just could not have made it. I have said it on the record before, we were sold - us, the Commissioners - a bill of goods by a man who would have done anything to go from the position of acting Manager to Manager. This is a settlement which in nay estimation could be worth in savings - not dollars in pocket, but savings to the taxpayers of this community, roughly $50,000,000 or more. There is no way, as I said, on the other hand, that this City could, in fact, meet the provisions, in my estimation, of the Gates suit. So I congratulate the Administration, in particular, Mr. Frank May, who has been at my door every day, making sure that we understood. It was also with pleasure that I found that the unions were very much interested'in seeing that this win -win, as Shorty said, came about. So I congratulate everybody involved, that they will, in fact, have a settlement which can be realistic. I only have one word of caution. As you probably are aware, this will create a fund of money for the COLA (cost of living allowance) of the people and the retirees. Mr. Manager, we have all, with some amount of shame, year after year, seen the retirees who had to be forced to come here with their hat in their hand. So I beg of you, sir, with the unions, and I made it clear to them that I feel that you have to be fair, not because they are a party to the class action, but in fairness in morality of what is right; that they have - they are the ones who kept this City alive for what we enjoy today. So that, in fact, as far as I'm concerned, that I hope that the fairness will be extended to the retirees, as well as the people who are presently there. Mr. Odio: Commissioner, thank you, but I want to say something on behalf of Mr. Bryson and Al Cotera and the members of the board that were in the negotiations. They practically came up with these ideas, and they deserve a lot of credit for this, and it will mean stability for the City 1n that area. I also want - Charlie Cox, on the other hand, and Lewis Watson have been trying to do the same with the other fund, but that's something that needs to wait a while. But they all are interested in resolving this. EK 24 May 13, 1993 As n Mayor Suarez: Any further questions, Commissioners, on the motion? Commissioner Dawkins: Yes. Mr. Manager, in the first paragraph of recommendations, the last three lines read: "And to resolve an issue relating to the fiscal year 192/93.0 What happens in 193/94? Mr. Odio: We had a position with our actuarial reports, and the board had another position, and we were contesting the amount that the board is saying we were supposed to pay. it was an amount of approximately what? -1.6 million dollars - 1.3, I'm sorry. 6y settling this case, they also agreed to settle the 1.3 million dollars. So the fact is, what this means is that this current year, we will not have to pay an additional 1.3 million dollars to the pension fund. Commissioner Plummer: What was that for? I'm sorry, I didn't hear you. Mr. Odio: It's the way you estimate, if you want to explain the technical terms... Commissioner Plummer: I'm sorry, Miller, I didn't hear what 1t was for. That's what I'm asking. Commissioner Dawkins: The question is, he says, this resolves the problem in the year, fiscal year 1992/93. Mr. Odio: Yeah, that's what I said. Commissioner Plummer: Right. Commissioner Dawkins: And I'm saying, what happens in the fiscal year 193/94, fiscal year 194/95? Commissioner Plummer: OK. Mr. Odio: You're settling two things. The first... Commissioner Plummer: What is the problem that this eliminates? Mr. Odio: OK. Let me explain. 1.3 million dollars we had to pay. Commissioner Dawkins: You know what, if J. L. would let you answer my question, I'd do better. Commissioner Plummer: OK, Commissioner Dawkins: And then J. L. can ask all the questions he wants. But I don't want J. L. continually prompting you to answer may questions. Thank you. Mr. Odio: The issue we had this year, this current year, 192/93, Commissioner? Commissioner Dawkins: Yes. rr— k-c EK 25 May 13, 1993 Mr, Odiot Was a difference of 1,3 million dollars. Commissioner Dawkins: OK. that's in 192I932 Mr. ©dint Yesb that's been settled. Commissioner Dawkins: That's been settled. Mr, Odio: Now, from here on out, starting next year... Commissioner Dawkins: Yes. Mr. Odio: ... soon as the court approves... Commissioner Dawkins: What now? Mr. Odio: When the court approves this settlement, and then your payments will stay around 10.3 million dollars a year in a straight line. Commissioner Dawkins: Stay at what now? Stay at what? Mr. Odio: 10.3 million dollars a year, on a straight line. Commissioner Dawkins: And you have the 10.3 1n hand to continue to pay? We will not have to go back and ask anybody... Mr. Odio: That's right. Commissioner Dawkins: ... to reduce or nothing? Mr. Odio: No. By doing this, you're saving... Commissioner Dawkins: No, no, no, no, no, no, no. I don't - I need to know. Mr. Odio: Yes, sir, you do. Commissioner Dawkins: You have 10.3 million dollars in 1992. Mr. Odio: Sure. Commissioner Dawkins: All right. Where will it be coming from? Mr. Odio: from the pension monies. Commissioner Dawkins: From the pension monies? Mr. Odio: From the - set aside in your budget to pay pensions. It's in the budget. Commissioner Plummer: Well, that's four mills. Mr. Odio: Yeah. EK 26 Macy 13, 1993 rvw,so�+u ,wz.n A� eays3s F)RYs'�yxuj Commissioner plutmter: OK. Commissioner Dawkins: All right. Mr. Odio: Commissioner, let me tell you why, let me explain. The 1063 million means a savings to the City next year of around 4.5 million dollars in payments.- 5o - and if you add all the years. Commissioner Dawkins: OK. You also say, in the COLA, and I'm reading from the text here, and I need a whole lot of explanation, so don't just give me no little rhetoric. To the extent necessary, the City shall fund that portion of the minimal annual payment not funded by excess investment returns. What does that mean in lay functions? Mr. Odio: Let me explain that, Commissioner. Commissioner Dawkins: What does that mean? Mr. Odio: Commissioner, the COLA fund up to now has been funded - has really not been funded completely. Retirees have been complaining about what they get paid, and they're right. What this does is, any excess earnings of the pension funds above the seven and a half percent, which is what we've been using... of the seven and a half percent we've been using as a formula, that's what we base our contributions on. Anything of excess earnings above the seven and a half to nine - to ten, I believe, the monies will go to fund the COLA fund. Commissioner Dawkins: What happens if the excess earnings does not reach the amount of money of which the unions say they will contribute - now, they've already said in here, that our excess earnings must be "X" dollars before we will contribute a penny. Then they say, if we do not contribute enough, who makes it up? Mr. Odio: If that should happen... Commissioner Dawkins: Who makes it up? Mr. Odio: The City would be... Commissioner Dawkins: All right. The City. Mr. Odio: The City would be bound by 2.5 million dollars. Commissioner Dawkins: No, no, you can't - OK. Then you're lying to the people receiving COLA. Mr. Odio: No, we're not. Commissioner Dawkins: Why not? Mr. Odio: Why are we tying to them? What does that have to do with anything? Commissioner Dawkins: Well, then, all right. So now, are you going to budget 2.5 million dollars... EK 27 May 13, 1993 Mr. Odiot No, sir. This,*, Commissioner Dawkins: Mr. Manager, you have to budget 2.6 to have it if they don't have i t Mr. Odio: No, sir. Commissioner Dawkins: OK. Tell me how you're going to do that. Mr. Odio: The way this works is, we're using the average of three years, and we know now that we do not have to budget two and a half million dollars because fund has been running around 12 percent. Commissioner Dawkins: Say what now? Mr. Odio: The fund has been running around 12 percent in return. So we know that for the next three years, we will not have that situation. Commissioner Dawkins: So now... Mr. Odio: Now, if we did have... Commissioner Dawkins: I don't understand it, but I'll go on to the next question. OK. It says that we increase 1t by five percent each year. OK? And the City's contribution will be required by 1.3 million dollars for the fiscal year 192/93. OK? Now, over there someplace else, you just gave me another figure. Now you're giving me a figure of 1.3. That's the City's contribution required for the fiscal year 192/93. Now, that's on page 3 of what you gave me. OK? Now, what will the 1.3 be, in 193/94, 194/959 195/96? Mr. Od1o: That has, from now on, starting next year, your payments will be straight line, they will be based on three-year averages, and they will be around 10.3 million dollars. If we had not had this settlement in front of you, the payments for next year would be around 14 and a half million dollars. Commissioner Dawkins: OK. How is that budgeted in the budget? Mr. Odio: It will be budgeted in the budget... Commissioner Dawkins: It's got to be somewhere in the budget. eG Mr. Odio: Yes, sir, for next year. Commissioner Dawkins: To have a balanced budget, it must be somewhere in the budget. Mr. Odio: But I'm just preparing next year's budget. How can I - and what we're going to - if this is approved, we will put in the budget 10.3 million dollars. Commissioner Dawkins: this? OK. Now, what did you tell me you're saving by doing EK 28 May 13, 1993 all Mf. Mot In the life of tha... Commissioner Dawkins: No, no, no, no, noi to this fiscal year. Mr. Odio: This current year? Commissioner Dawkins: Yes, Mr. Odio: 1.3 million dollars. Commissioner Dawkins: Huh? Mr. Odio: This current year... Commissioner Dawkins: Yeah. Mr. Odio: ... 1939 Commissioner Dawkins: Where is it? Mr. Odio: We don't have it? Commissioner Dawkins: Al right. So, now, how the hell do you have a balanced budget if you're 1.3 million dollars short? And now, you're telling me- that, here's a loaf of bread. If you take one slice out of i t , it will disappear. But if you leave it there and be hungry, it won't disappear. Mr. Odio: We've been fighting - we went... Commissioner Dawkins: No, Mr. Manager, wait now. Mr. Odlo: Wait, wait. Commissioner Dawkins: Wait, Mr. Manager. You told me... Mr. Odio: Commissioner... Commissioner Dawkins: ... that it's 1.3 million dollars you're saving. Mr. Odio: Yes, sir. Commissioner Dawkins: Now, you had 1.3 million dollars budgeted to have a E balanced budget. If you do not - if you have a balanced budget, then you got 1.3 million dollars. If your budget was unbalanced, then you have an A�v unbalanced budget that's a million -three short. Mr. Odio: But we're not, because we're going - I hope you're going to vote on this, and I hope you're going to approve it, OK? Commissioner Dawkins: But I'm not going to approve... Mr. Odio: And besides that, we had - we were going on our actuarial reports, that we did not own that 1.3. EK 29 May 139 1993 4_ r Commissioner Dawkins: All you can do - OK, I will not vote on this... Mr. Odio: Budgets are assumptions, Commissioner. Don't vote. Commissioner Dawkins: ... unless you can show me a million -three dollars in your budget is free and floating because you had a balanced budget, you got me. But 1f you're telling me I'm going through some more David Copperfleld, now you see it, now you don't. I can't vote for it, Mr. Manager. And that's just one vote. See, I'm not trying - that's just one vote now. But if you don't show me in your budget, and you can bring it, we can table this until this afternoon. If you don't show me where you got a million -three floating in your budget, then you don't have, you don't have it. Commissioner Plummer: Well, my I suggest since Commissioner Dawkins has some very serious questions to be answered. Excuse me, Mr. Manager. Let them go. He said table it till the afternoon. Let the actuary meet with him and answer his questions and come back with it this afternoon. Let's go on with the agenda. Mr. Odio: Well, but would that help, Commissioner? Because we can answer that right now 1n one second. Commissioner Plummer: I've never... Commissioner Dawkins: Where is the million three? Commissioner Plummer: I've never around here seen anything settled to one second, one minute. Go ahead. Mr. Kenneth Kent: My name is Kenneth Kent. I'm from Foster Higgins. I'm the City's actuary. Commissioner Dawkins, with regard to the 1.3 million dollars, when the actuarial report was first submitted to the City for this current fiscal year, we disagreed with some of the results of those reports. Commissioner Dawkins: Just a minute. Disagreed with whom? Mr. Kent: With the fund's actuaries report, stating how much the City would have to contribute. Commissioner Dawkins: All right. And who did you report that to? Mr. Kent: We reported it to the City... Commissioner Dawkins: What City? Mr. Kent: ... and worked through the Manager's office. Commissioner Dawkins: OK. Then the Manager never reported that to me. Mr. Odio: To me, to me. Commissioner Dawkins: I don't know about the rest of the Commission. Mr. Odio: To me. OK? EK 30 May 13, 1993 e Mr. Kent: The Oates settlwent provides that if there is a disagreement between the actuaries that there would be an arbitration procedure conducted in order to resolve it in which a third actuary would be hired to review the Issues and settle the arbitration. OK? What resulted from this whole process was, that 1.3 million dollars that was at issue was settled without going to - arbitration as part of the whole package. Mayor Suarez: OK. Anything further? If not... Commissioner Alonso: Yes, I... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes. Mayor Suarez: And then I've got a couple of inquiries. My favorite pension board chairperson is here. Commissioner Alonso: Going back to the 1.3. We are told that - and this was my previous question, that's why I wanted Mano Surana earlier here. It's exactly this 1.3. You call it a savings. In order to save something, you had something set aside to make payment. Right? Mr. Manohar Surana (Assistant City Manager): Right. Mr. Odio: Then it's a mistake, it should not be savings. Commissioner Alonso: We had... Commissioner Plummer: No, that is not correct. Mr. Odio: It should not be savings. It should be a settlement of a disputed amount... Commissioner Alonso: Then why... Mr. Odio: ... of 1.3 million. Commissioner Plummer: It was an anticipated pay out that's not going to occur. Commissioner Alonso: Then why do we have the wrong wording in the paper submitted to us? Commissioner Plummer: That's true. Commissioner Alonso: Plus, when... Mr. Odio: Well, no, Commissioner. Commissioner Alonso: Excuse me, excuse me. Mr. Odio: Let me put it on the record what it says here. EK 31 May 13, 1993 Mayor Suarez: please, yes. Commissioner Alonso: ... conduct My questioning? Mayor Suarez: Yes, ma'am. Commissioner Alonso: Because it's very difficult at this level, when you try to wait for your turn and ask questions in a normal fashion, and you expect to receive a reasonable answer. then, people don't want to listen to your question. Thank you. When I met with the Administration, as well as a representative of the unions, I was told that there was a saving of 1.3 million. I was told by Mr. May, Mano Surana, I mentioned this, the unions were present. We discussed this point thoroughly. Now, I need an explanation, because I was ready to vote for an item, and now I question, was something else explained to me that is not necessarily what I have now in front of me? Mr. Odio: In page... Commissioner Alonso: It makes me wonder whether the rest of the information provided to me is not accurate. And I have to say, then, I'm not ready to vote on this item, even though I am very supportive of the item, because I question the validity of the information provided to me. Mr. Odio: In page 3 of your package, page 3 of your package, it reads: "The City initiated formal arbitration proceedings with the FIPO (City of Miami Fire Fighters' and Police Officers' Retirement Trust) Trust, with respect to the past service amortization component of the City's contribution. The memorandum of understanding, which resolves the arbitration and delineates the City's contribution as the five percent increase in amortization approach resulting in a reduction in the City's contribution requirement by 1.3 million for fiscal year 192/93.0 The word "savings" was misused, and I apologize for that. But the language here 1s very clear. Commissioner Alonso: In this statement on page 3, it does not say "saving." In the discussions, it did say "saving," but it ends up in the same result, because if you advise me that you have set aside a certain amount because you had obligations at a given point in the year, then the end result, if I have funding available in one hand, then I was supposed to be making 1.3 million payment, indeed, if I don't have to produce that payment, in fact, it is a savings to the City. Now, I find that, no, what I thought it was, it is not. And then nay doubt comes from that fact. What about the rest of the information provided to me? What's going to happen next year. It is, 1n fact, that while waiving this responsibility for the City of Miami, what further responsibility are we getting into? And those are my doubts, and logical, because I felt I understood it quite well, and now I find that what I thought it was, it is not. And I have to produce a vote, and I like to give my votes on the basis of the information provided to me and accurate information. So I have problems with this. EK 32 May 13, 1993 47.+� F i $_ n _ ... pit ♦..t .. ., ...t.� weFt+�?*�f _ Mr. Shorty Bryson: Commissioner Alonso, could I respond? Thank you. Scruffy - I mean Shorty Bryson, Fire Fighters' Union. As a participant of that meeting, I definitely want to make sure that you felt you were dealing with a credible source, because we did go over a lot of thing. Very important vote today. On this arbitration, when we used the word "savings," if we - if the board prevailed on their side of the arbitration, the City would have to make that full payment. We felt the board would prevail. If this settlement is reached, there is a savings of 1.3 million dollars. You can call it i► whether it's budgeted or not, I don't now how that's done as far as that amount that was owed this year. The City was going to have to pay it. Now, they'll have to pay 1.3 million less. So, if the word "savings" isn't the right word, "reduction" is the right word, then it is a difference of 1.3 million that's not going to come out of the City coffers, OK? So that should show that we are credible in what we're saying. Commissioner Alonso: Thank you. Mr. - Mano, you told me there was going to be a savings and that the money was going back to the - it was going to stay in the City funding. Was 1t not budgeted? Mr. Surana: No, no. When I did the budget... Commissioner Alonso: It was not? Mr. Surana: It wasn't budgeted. Commissioner Alonso: Then we didn't have a balanced budget, did we? Mr. Surana: No. When we make a projection, we make a projection based on realistic expenses, realistic revenues. And when we got the actual report, we talked to our expert and they thought that we are going to be right and we will win, therefore, there was no need to put 1.3 million dollars extra burden on the taxpayers at that time. If I would have budgeted 1.3 at that time, then we had to give up something at that time. Commissioner Alonso: Mano, you know what I would have appreciated at the time you met with me? That you would have told me, even though, in fact, it represents a saving, because 1t was an obligation of the City of Miami, the money 1s not coming back to us, because it was not budgeted and it's not available. Therefore, in fact, in numbers, in reality, it was a City obligation. Therefore, it could be interpreted as a saving, but it's not actual money coming back to us. Because this ... oh, my God! Commissioner Plummer: What happened? Commissioner Alonso: Good luck. Mr. Odio: That's good tuck. Commissioner Alonso: Yes. Commissioner Plummer: In Nomine Patri, Filie Santos. A little holy water. Commissioner Alonso: ... so I think that clarification is in order when something as serious as this is discussed, because when I was making reference EK 33 May 13, 1993 today of money going back, i WAS talking about 1.3, and in reality, I felt, indeed, we had Some savings of 1.3, We even were delighted at the meeting, saying, well, money is coming back, and money was not coming back. Mr. Surana: We'll be more... Commissioner Alonso: In reality, it's a savings because it was a City obligation that we had to fund somehow. Mr. Surana: We'll be more careful next time. Commissioner Alonso: OK. Thank you. Commissioner Plummer: May I suggest next time we get a City Manager, we get one that's house broken. Mr. Odio: No, I needed to cool off. Mayor Suarez: Would the chairman of the FIPO Board come up to the mike, please? I have a couple of questions, sergeant. Where is the president of the police - of the FOP (Fraternal Order of Police)? Commissioner Dawkins: He went to Washington. Commissioner Plummer: Cotera, he's here somewhere. Commissioner Dawkins: No, he went to Washington. Mayor Suarez: Who is here on his behalf? Is there... Commissioner Plummer: Well, you got the... Unidentified Speaker: Yes, sir. Mayor Suarez: Thank you. Chairman, as you know, and Commissioners, I have been doing my best to understand the way this money is managed. I am pleased to see that the amounts keep going up and that the rough average, I think, for the last five, six years, about 12 percent return on investment on a yearly basis. But I also question two aspects of the management of this fund. One of them, I'm going to get to in a second. I just want everybody to know who is managing the fund. You had a very nice lady who is an executive director. Is that her title? Elena Rodriguez, 1s that? Sgt. Robert Williams: She's our administrator. Mayor Suarez: Administrator. She's not here today, obviously. I'm not sure why she's not here today, but maybe it's just as well. But you're here, and you're the chairperson, and you've been on the board for how long? Sgt. Williams: Four years. Mayor Suarez: And your term expires when? Sgt. Williams: Next December. Not this coming December; December of 194. EK 34 May 13, 1993 Mayor Suarez: And you're selected on what basis? How are you selected? Sgt. Williams: I'm selected through the - by ordinance, I'm elected through the Fraternal Order of Police. Mayor Suarez: And then this Commission kind of like approves it and makes it into some kind of a formal resolution, do we not? Sgt. Williams: Yes. Mayor Suarez: So we have some say, presumably. The one question I have been particularly interested in, you have a very large fund with current assets, by whatever valuation you want to use, roughly 500,000,000. Then, I ask for a breakdown. Where 1s this money Invested? Is 1t invested in bonds? Is it invested 1n fixed interest? Notes? Is 1t invested in the Stock market, equity? How is it invested? And I find, interestingly - we were talking about accounting before with this special programs and accounts, that there's one item that, by itself, without any breakdown, at least 1n the last report that I got from you, is $480,000,000. And it's referred to, believe it or not - I've never heard this term in my life. Maybe I just don't know enough about money management - as balanced managers, paren., stocks and bonds, end of paren., end of quote. Could you explain to me what that means, and then explain to me, if you know, or tell me how much of the $480,000,000 which constitutes - sounds like it constitutes -90 percent of the entire fund, is, in fact, in equity, in the stock market, or invested in some kind of stock somewhere, and how much is fixed interest bonds or obligations that we know for sure will be paid if the credit of the entities in question is good. Presumably, most of them are - I guess a tot of them are government bonds, I don't know. You tell me. Sgt. Williams: OK. Let me state nay name. Mayor Suarez: Please. Sgt. Williams: Let me state my name for the record. My name 1s Robert Williams. My address is 400 Northwest 2nd Avenue. I'm a sergeant with the police department. As the Mayor stated, I also serve now as chairman of the Fire Fighters' and Police Officers' Retirement Trust. I don't know what document you're referring to there exactly, so I don't know - OK. We're - our ordinance that governs how we operate establishes limits of how our money can be invested, and the ordinance - but it's a little more complicated than that, because the money that we give our - the money that we allocate to each money manager, it's up to them to invest it how they see fit within the... Mayor Suarez: Constraints of the ordinance. Sgt. Williams: Within the constraints of the ordinance. Mayor Suarez: Right. Sgt. Williams: So the ordinance basically states that we can't invest any more than 65 percent of our assets in stocks or equities, and no more than 35 percent in fixed income or bonds. EK 35 May 13, 1993 16 Mayor Suarez: All right. So presumably, that 480,000,000 figure, at amst, 65 percent is in equity or stocks? Sgt. Williams: Right, but - yes, basically, that's true. That's a little bit of an oversimplification, but basically, that's true. Mayor Suarez: OK. Do you know, in fact, how much is now invested in stocks, as opposed to bonds or other fixed interest securities? Sgt. Williams: I don't know exactly, but I would guess that approximately 60 percent would be invested in equity and... Mayor Suarez: OK. So we've got 60 percent of a 500, roughly $500,000,000 total asset fund, with about $300,000,000 in stocks. And I presume these are stock market type stocks, right? Sgt. Williams: Yes. Mayor Suarez: Any particular restriction as to what kind of stocks, in the ordinance? Sgt. Williams: Well, I don't believe in the ordinance but... Mayor Suarez: Your own rules? Sgt. Williams: New York, you know, Stock Exchange... Mayor Suarez: OK. Sgt. Williams: ... type stocks. Mayor Suarez: Suppose the stock market were to crash, then, and lose half of its value? Does that mean that you may end up with 150,000,000 where you now have 300? Sgt. Williams: It could mean that. Mayor Suarez: It could mean that. All right. The unions, presumably, are satisfied with that? I mean, you don't think that - you're satisfied? You're ready to go up to the mike, Shorty, and say that's great? Mr. Bryson: You bet. Mayor Suarez: You have no problem. You assume the stock market will continue to go up, which it has been doing since - what was it, Black Monday, 1987? Mr. Bryson: Mr. Mayor... Mayor Suarez: And we're all going to be very, very wealthy, and have a very healthy pension fund, and... Mr. Bryson: Because we've invested that way, we have a very healthy pension fund. We went from 30 percent funded to over 100 percent funded because of EK 36 May 13, 1993 0 then►, and because they invested in the stock market, and if they were in fixed assets right now, they wouldn't be up to 60 percent funding. So, yes, sir, we feel very comfortable with those nine people making those decisions. Sgt. Williams: We're very proud of our track record, and frankly, I think you should be very pleased, and I don't know why you aren't. Mayor Suarez: Because you're not giving me the answers that I am looking for. You're giving me a global answer of $480,000,000 and you're calling it balanced managers. I'd like to see what managers are now balanced. Sgt. Williams: Basically, what a... Mayor Suarez: Stocks and bonds, and you don't give me the breakdowns that I want. Sgt. Williams: Basically, a balanced manager, as we understand the term is - there are different types of money managers. We currently have mostly balanced managers, which, as we understand the term, is a balance between stocks and bonds. Mayor Suarez: All right. Sgt. Williams: 'they're all money management firms that only manage equity of stocks, and there are firms that only manage bonds. Mayor Suarez: But these great balance managers that you've got and this great system you have doesn't even, in your basic reports, the ones that come to us, doesn't even break down how much is in stocks and how much is in bonds. The one single thing that you guys ought to be concerned with is how much is, in fact, at risk in the stock market, as equity investments and how much is in fixed interest. I mean, just give - get that breakdown. Make sure you know it, Shorty, and if you're so convinced that it works, you know, hey it worked all the years so far, except for one. What was that great year where you had a 0.4 percent return on investment? That was a bad year. Sgt. Williams: Yes. Mayor Suarez: So that year, I did not hear from the unions any concern. Although later, I think one of you told me that some union president was defeated as a result of that bad investment year; at least that's what I remember hearing on the Commission. So I would just keep - be very attentive to that and give breakdowns, sergeant, that make sense for people who are lay people, you know, and who have to analyze these things. Sgt. Williams: Mr. Mayor, if you don't understand the reports we provide you, we'd be happy to explain them to you, and I think we... Mayor Suarez: Well, I was going to get to that. There's a young lady - now she's gone. Lisa Malamud from my staff, she's an attorney and she's with me, and she is calling you and from time to time asking you for information. Any cooperation you give her I'd appreciate. Now, folks, one other last point, and I don't think this one has an answer, but if you want to stay at the mike, you might be able to tell me something about it. For the rest of the EK 37 May 13, 1993 citizens - and I don't suspect the unions are too concerned about this, because that's not the thrust of what you're worried about, which is to make sure the funds are healthy - but for the rest of us ladies and gentlemen, your consultants, managers custodian consultant profile - I just got that - here is where they're from. These are the people that invest the money of the employees of the City of Miami Fire and Police: Alliance Capital Management, New York, New York; Barrow, Hanely, Mewhinney and Strauss, Dallas, Texas; Cadence Capital Management, Boston, Massachusetts; Kemper Financial Service, Chicago, Illinois; Sun Bank Capital Management, one in the State of Florida, Orlando. Not in the City. J. P. Morgan, New York. And by the way, they sound very impressive, you know. J. P. Morgan, et cetera, et cetera. These are the big boys. These are the people who supposedly know how to invest our money - your money - but they are also a lot of the same names you hear when you hear about the savings and loans disaster debacle that is causing this nation, I think, on a yearly average, close to $100,000,000,000 (a hundred billion) in losses; the same exact people with the same boards, with the same arcane terminology, like balanced manager, stocks and bonds, whatever that means. American Trust Company of Florida, American Trust Company of Florida in Boca Raton, affiliated with Bank Detroit. You could argue they're Florida or Detroit, I don't really know. Dorn, Helliesen and Cottle. Is that Dorn, Helliesen, and Cottle also what you refer to as a monitor, performance monitor? Sgt. Williams: Yes. Mayor Suarez: OK. The fees paid are as follows: $2769777; $2429086; $100,018; $269,269; $249,000, and so on, and so on, and so on. We have money managers, we have performance monitors, we have an executive director that you refer to as a secretary, I believe, Elena? We have... Sgt. Williams: She's the administrator. Mayor Suarez: Administrator, I'm sorry. You have actuaries, you have a board. The board doesn't get paid, do you? Sgt. Williams: No. Some members of the board do get paid. Mayor Suarez: Some members of the board do get paid. Sgt. Williams: Those members that are appointed through the unions do receive, I believe, the same compensation as those members of the Civil Service Board get. So it's not a lot of money but... Mayor Suarez: And you don't... Sgt. Williams: No. Mayor Suarez: ... in your particular case? Commissioner Plummer: Wait, wait. Can you tell me, when did that start? Unidentified Speaker: With Gates. Sgt. Williams: When did it start? EK 38 May 13, 1993 E x,,.v«R+'�v'�4�#3unw«'�4v++iw'A+SiJFoNS' 2 Commissioner Plumer: Gates mandated it? Unidentified Speaker: Yeah. Commissioner Plummer: OK. Because I don't ever remember approving a salary... Mr. Bryson: It's not the active, it's only the other appointees that you appoint off the list of six. Commissioner Plummer: I'm sorry, Mr. Mayor, I just - I didn't know that that was the case. Sgt. Williams: The ordinance provides that the active employees can do it on duty and it compensates the nonactive members of the board. Commissioner Plummer: It was mandated. That's why it never came here. Mayor Suarez: There are local people, there are local money management entities, they're probably our relatives, our friends, our neighbors. So far, none of them apparently have anything to do with the handling of 600 or $540,000,000 in your particular pension. Mr. Sgt. Williams: No, they don't, Mr. Mayor. I would like to make a statement about that. Mayor Suarez: Sure. Sgt. Williams: Because I know that's been a concern of yours, the fact that the Board doesn't currently use anyone that's local. The reason we don't is that we - our only concern is fiduciary, is the performance of the funds, and we have chosen those firms that we feel can provide us with the best performance. And I think over the years, our judgment as a board has been borne out by that fact. We've wiped out the unfunded liability. We've done well every year except for that - except for the one year which we had a poor year, but we didn't lose money, we just didn't make any money that year. So I'm a - I don't understand why you are so concerned about this. I frankly don't. And... Mayor Suarez: OK. The day that I met with your board, which you were gracious enough to hear me out, I made a suggestion on one local company that I was aware of. I will restate that local company's name. Actually, they're a national company. They have a local office. The City apparently does business with these folks. I think locally he goes by the name of Leo Guzman. The national company he's affiliated with is Amarindo. They have an Incredibly good track record; much better than what your performance has been. At the time, you objected to may mentioning any particular names so... Sgt. Williams: I still do. I think I - I... Mayor Suarez: And now you not only are objecting, but you are interrupting me in my own Commission when I try to tell you that I think it is entirely appropriate that I mention names and I will continue mentioning names. In EK 39 May 139 1993 fact, I will continue to send you referrals in the hope that someday, you and your board will see fit to consider a local company to do some of your pension money management. I think that they'll be just as good as the national ones that you've been using. I'd rather believe they'll be better. I also suggest to the unions that you figure out a way to cut out some of the middle man here. You've got a performance monitor - I think that's the correct term - in California, monitoring pension managers from throughout the United States on a matter that 1s - the money, the wealth is generated by Miamians working hard, and have a board composed essentially of Dade County people, and I think that's wrong. I think it's unnecessary. I'm a lay person, I'm not an expert In this field, but the more I learn of the field, the more I realize that it's multiplying, dividing, subtracting and adding, very simple math. Even the actuarial calculations are not very complicated mathematical formulas. In fact, they're a lot simpler than some of the ones that I have had occasion to teach at the college level. So I just don't think it's as complicated as they make it sound. The terms are very complicated, but when you sort of cut it out and reduce it to the bare essentials, it's just investing money and the two basic categories are fixed interest or equity. I think that you're overloaded on equity myself. I think the stock market is a very artificial contrivance of our economy. I think it's overplayed in the national media and by economists. I think the small companies are going to be the ones that are going to carry the economy. So I wonder about the wisdom of thinking that somehow, these are going to be the companies that are going to handle all of your funds and the ones in which you are investing, as opposed to small businesses. I also want to warn you that there's going to be legislation forthcoming, I am sure, in the next decade or so, that will require pension funds to invest substantial amounts of money in the community, and I'm going to certainly be strongly supporting that, and in the community, in the case of your pension, it would be defined by in projects, houses, for example, for your own members and businesses that will inure to the benefit of your very members. In other words, of the employees of these funds, so that credit not be so difficult for people for buying things that are as steady as investments as homes for individuals. So when all of that happens, I think maybe you will be surprised, but at least I could tell you that I predicted it on this day. The rest of it, ust please break it down so that we can understand it. I mean, to have a 1480,000,000 category when the entire fund is slightly over 500, that's not good accounting, that's not good disclosure. That's not the kind of disclosure that the unions are entitled to and that we - to the extent that we have anything to do with this. Now, 1n other cities, it doesn't work this way. In other cities, the Mayor basically decides to invest it, or the Commission does, all right, who manages the funds. Commissioner Plummer: Thank God, not here. Mayor Suarez: And I see the peanut gallery back there reacting. That's just the way it is, and you might not like it, but that's the way it is in other cities. I don't like the system here, frankly. I don't like the fact that I have nothing to say at all as to who you select for pension managers. Not that I would select in any way my friends or anything, but I would certainly select some local people. And I hope that you begin considering that. But at the very least, give us information that we can digest and understand. And for your own purposes, as chairman of the board, with your fiduciary obligation - and here, I'm sure you're going to want to answer this one. If I were you, sergeant, I would certainly require that these things be broken down EK 40 May 13, 1993 so that I can more quickly, readily understand it, because you have to satisfy that obligation, and I'm sure you have lawyers that would come to your rescue when I make that statement, but that's my view of things. Thank you. All right. We have a motion and a second. Any further discussion? If not, Please call the roll. Commissioner Plummer: Thank God. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-284 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING AND RATIFYING, IN PRINCIPLE, THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY MANAGER AND THE FRATERNAL ORDER OF POLICE, LODGE N20, AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #5879 MODIFYNG THE FUNDING SECTION OF THE GATES SETTLEMENT; REDEFINING CERTAIN FUNDING MECHANISMS RELATED TO COST -OF -LIVING ADJUSTMENTS AND ASSET VALUATION METHODS; RESOLVING AN AMORTIZATION ISSUE RELATING TO FISCAL YEAR 1992-1993 ACTUARIAL VALUATION REPORT OF THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AS SET FORTH IN THE TERMS AND CONDITIONS OF THE ATTACHED MEMORANDUM OF UNDERSTANDING; DIRECTING THE CITY MANAGER TO SECURE APPROVAL OF SAID MEMORANDUM OF UNDERSTANDING BY THE DIVISION OF RETIREMENT, SUBJECT TO ALL CONTINGENCIES CONTAINED THEREIN; FURTHER, DIRECTING THE CITY ATTORNEY TO PURSUE MODIFICATION OF THE GATES JUDGMENT AND TO DRAFT AN ORDINANCE IN ACCORDANCE WITH THE MODIFICATIONS OF SAID GATES SETTLEMENT AGREEMENT. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYESi: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Victor Be Yurre Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: What is it? EK 41 May 13, 1993 Mayor Suarez: To approve the resolution authorizing and ratifying the memorandum of understanding between the City Manager and Fraternal Order of Police, and International Association of Fire Fighters, modifying the funding section of the Gates settlement, et cetera. Commissioner Plummer: Item number 2. Commissioner Dawkins: And I voted no because I said until they explained to me the 1.3 million dollars, I was not prepared to vote on it, and the four Commissioners up here went right along and voted along with it, and I vote no. COMMENTS MADE AFTER ROLL CALL: Mayor- Suarez: I'm sorry. I'm willing to reconsider and table the item, if you'd like. Commissioner Dawkins: OK. The vote won't change, but at least, I should have had the courtesy to... Mayor Suarez: Well, I will be happy to extend that courtesy. Commissioner Dawkins: Well, that's all right, no. The vote won't change. Mayor Suarez: Well, but the courtesy of having the matter tabled till this afternoon, that's fine. Commissioner Dawkins: No, thank you. No, leave it alone. Mayor Suarez: All right. However you want. We'll be happy to reconsider the vote and table it. All right. Apparently, he's satisfied that he's not going to be satisfied by the explanation. 7. AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS) -- CREATE A DIVISION III PURSUANT TO SECTION 112.048 OF THE LAWS OF THE STATE OF FLORIDA, CREATING A SYSTEM OF RETIREMENT FOR ELECTED OFFICIALS WHO HAVE HELD AN ELECTIVE OFFICE FOR THE CITY FOR 20 OR MORE CONSECUTIVE YEARS. Mayor Suarez: All right, item 3, first reading. Is this a related ordinance? Commissioner Plummer: Mr. Mayor, let the record reflect that I am leaving the room and not voting on this item, because I am one of the affected parties by this item number 3. Mayor Suarez: Oh, this is the famous ordinance, OK. A. Quinn Jones, III, Esq. (City Attorney): You're abstaining. Commissioner Plummer: I abstain? EK 42 May 13, 1993 • s Mr. Jones: Yes. Commissioner Dawkins: Well, I better be included, so I better leave the room, too. [COMMISSIONERS MILLER DAWKINS AND J.L. PLUMMER EXIT THE CHAMBERS] Mayor Suarez: OK. I gather this is enabled by State law. Is it required or mandated by State law? Do we still have some discretion here? Mr. Jones: Well, as 1t starts out, the statute talks the intent of the legislature to provide a system for elected officials. My interpretation of reading it, whether you pass it or not, is that if any eligible Commissioner requests, as the statute says, a pension, it makes it mandatory on the part of the municipality to appropriate the money and include it in the budget. So in that sense, it 1s mandatory. Mayor Suarez: "In that sense," meaning? Supposing we just don't act. Are we 1n violation of State law? Mr. Jones: Well, if you don't act, the fact still remains that at whatever point the Commissioner decides to retire or resign, the statute makes it mandatory, if he so requests, that the City appropriate the money and fund it. Mayor Suarez: Is that right? Mr. Jones: Yes. Mayor Suarez: When did we find this out? Mr. Jones: Well, as I understand it, and it came as a surprise to me, apparently, this is - this particular statute is one that has been rarely used, and I guess it's one of the quietest kept secrets buried in the Florida statutes there. But it's there. Mr. Cesar Odio (City Manager): To be feel, and I still do, that anybody that terms, should be entitled to researching... That's my point of view. honest, Mr. Mayor and Commissioners, I stays here, in fact, for more than two pension like anybody else, and Mayor Suarez: Well, that's an interesting thought. What the heck does the Manager's view of what we should be paying to other elected officials by Commission have to do with the price of sugar? Mr. Odio: Well let me explain what I am saying is, that in researching of this, we discovered that statute. Commissioner Alonso: How did all of this come about? Mr. Jones: Well, let me just address that point too, because, well, I don't know when the Manager researched it, but of course, we did have discussions, entertained discussions on that. And, of course, the question was posed to me whether, in fact, our present pension system could be amended, such that if EK 43 May 13, 1993 the rest of the Commissioners did not fall within the State statute, whether our present pension ordinance could be amended to somehow include the other elected officials. And My answer to that is, no, because the Charter specifically indicates or designates the type of pension that you authorize to grant for City employees. It has one category, and it talks about establishing a pension fund for the classified service, and it also authorizes you as a Commission to establish a fund for other employees to contract with those firms that provide annuities or pension matters or whatever. That would basically cover the unclassified. Mayor Suarez: But don't you understand, as to elected officials, that we're an entirely different category... Mr. Jones: Absolutely. Mayor Suarez: and that the Charter says very clearly, you know, the compensation, and in the case of the Mayor, a $2500 a year expense account, and that's all it talks about in compensation, and we kind of bend the rules a little bit with issues of insurance, medical insurance, I guess a we cancelled it? Commissioner Alonso: What about the employees of the Commissioners and the Mayor, might have been working for the City for many, many years, and they are not included in a pension? Mr. Odio: I think it's wrong. I think it's wrong, and that's why we were doing some research to make it fair, and they keep saying... Mayor Suarez: I tell you what, if anybody lasts as an employee of one of the Commissioners or the Mayor for 20 years, they don't deserve a pension. They deserve a... Mr. Odio: A medal. Mayor Suarez: Yeah. Commissioner Alonso: Much more than that. Mr. Jones: The only way that you could provide for the other... Commissioner Alonso: But they need to be Included in the regular plans. You know, those are the only people that are not included. Some of these people... Commissioner Dawkins: Miller Dawkins, a private citizen. Commissioner Alonso: ... have worked for the City for many, many years. Some one way or another, even with different members of the Commission at different times. I have a person on my staff, Mary Wiison , she has worked for the City of Miami for many, many years, and she is not included in a pension plan. Commissioner Dawkins: Miller Dawkins, a private citizen. Mayor Suarez: Yes, sir. EK 44 May 13, 1993 t Commissioner Dawkins: Mr. City Attorney. Mr. Jones: Yes, sir. Comrrmissioner Dawkins: In the State of Florida, anywhere there is It Florida pension plan, anybody who has ten years can vest their interest. Is that a correct statement? Mr. Jones: I think that's correct. Commissioner Dawkins: Now, what's wrong with a ten-year vestment investing, in this instance? Mr. Jones: Commissioner, this particular statute, which you are obligated to follow, if you decide to pass this particular ordinance, you are obligated -to follow this in that under the municipal... Commissioner Dawkins: No, no, not me now, because I'm a private citizen now; they are. Mr. Jones: The Commission would be obligated to follow or track this particular section, in that under the Municipal Home Rule Powers Act, which we're subject to. you'd have - we'd put ourselves in a position where we do follow particular State statutes. And of course, this 1s the only particular statute within the Florida statutes that deals with the elected officials. Mow, this particular statute, of course, authorizes the Commission to do it, if it so desires, on the one hand. But I also indicated, while you were out, to the Mayor, that it's mandatory in the sense that even if you don't pass it and you have a Commissioner who at whatever point decides - who has - who is eligible, who has 20 years and who wants to retire or resign, if he or she so requests that particular pension, the municipality is mandated to appropriate the money and fund it. Commissioner Dawkins: OK. Well, what's the difference between the City of Miami's pension plan and the State of Florida, for the legislators, for that same pension plan? What's the difference? Mr. Jones: Are you talking about our present plan, the General Employees Pension? Commissioner Dawkins: No, sir. A legislator in the Florida State House, what pension plan do they can under? Mr. Jones: I would assume that they come under the Florida Retirement System. Commissioner Dawkins: Well, what is this? Mr. Jones: This would not be considered part of the Florida Retirement System. Commissioner Dawkins: Why not? Mr. Jones: This would... EK 45 May 139 1993 i 11 r � ,.,,, .,.;e.�a�. ,•r�. �� ins Comissioner Dawkins: Why not? Mr. Jonees You would be creating, to you are authorized here to create a fund specific only to the City of Miami. Then there's no way legally or illegally that this could be changed to the one for the State of Florida, so that we could comply and be within compliance? Mr. Jones: You could do one of two things. Commissioner Dawkins: Yes, sir. Mr. Jones: You could lobby the Florida Legislature to change it; or secondly, your alternative would be to amend your Charter so that it would allow you to establish such a fund. Commissioner Dawkins: OK. But to amend the Charter, you got to go to the voters? Mr. Jones: That's correct. Commissioner Dawkins: But if you go to the State of Florida, do you have to come back to the voters? Mr. Jones: No - well, no. Now, 1f you went to the State of Florida Legislature, and we were successful in lobbying and it passed, it passes. Commissioner Dawkins: OK. Thank you. Mayor Suarez: Is there any implication that there is a contradiction between what the State law provides and what our Charter provides, as to elected officials? Mr. Jones: No. There is no contradiction, because our Charter simply addresses employees, classified and unclassified, whereas this particular provision oniy pertains to elected officials. Keep in mind also that this particular section of the Florida statutes relating to pensions authorizes municipalities or whatever to set up their own retirement systems. Mayor Suarez: I guess I shouldn't have asked the question, because I got the answer that I thought you were going to give me, but I just don't agree with it. I think if a citizen challenged any allocation without an ordinance by this Commission on the basis that the Charter doesn't provide for it, they would prevail, as against that State law that you're referring to. But I say that without having researched it, so I'm doing it based on intuition, and how I understand the Charter to read. Mr. Gonzalez-Goenaga, we're not really in your section of the agenda... Mr. Gonzalez-Goenaga: Well, as a private citizen... Mayor Suarez: But we have heard a couple of other people... Mr. Gonzalez-Goenaga: Mr. Dawkins. EK 46 May 13, 1993 Mayor Suarez: At least one other acting as a private citizen, so what can we say? Mr. Gonzalez-Goenaga: I'm going to be very... Mayor Suarez: Go ahead, sir. Make a quick statement. Mr. Gonzalez-Goenaga: OK. Mr. Manuel Gonzalez, as a private citizen. Mayor Suarez: I have an idea what you're going to say, but go ahead. Mr. Gonzalez-Goenaga: In this particular instance, this would be like a grandfather clause for Commissioner Plummer, because I understand that he has been affected, because he has been in office for 20 years. Now, I hear Private Citizen Dawkins, for ten years. Does he want actually to lower the elected issue to ten years instead of 20? Commissioner Dawkins: No. Mr. Gonzalez-Goenaga: Then what's the issue? Commissioner Dawkins: OK. Mr. Gonzalez-Goenaga: Because I am more confused than ever. Commissioner Dawkins: Well, 1f you'll keep quiet, I'll unconfuse you. Mr. Gonzalez-Goenaga: OK. Commissioner Dawkins: OK? What I said is that in the State of Florida, if you have - if you're working like I did at Miami -Dade Community College, once you have ten years continuous employment at Miami -Dade Community College, you can vest your interest. Then you can leave Miami -Dade Community College and go someplace else. But the vesting means that you vest at a certain age, which means that if you vest - if the policy is that you vest your interest and you collect it at 60 years old, then you can come back at 60 years and collect what you have coming. If it's 65 years, you can come back at 65. No, you do not get it when you have ten years on the City Commission. Mr. Gonzalez-Goenaga: I see. But i understand that this particular ordinance or proposed ordinance is based on elected officials, and I don't think at the Miami -Dade Community College you were an elected official. And I am afraid that... Commissioner Dawkins: I put 22 years at Miami -Dade Community College, so I got my... Mr. Gonzalez-Goenaga: But as an elected official? Commissioner Dawkins: I earned my pension at Miami -Dade, 22 years. I didn't vest anything. Mr. Gonzalez-Goenaga: But not as an elected official, Commissioner Dawkins. This, as far as 1 am - if I know how to read - is basically for elected EK 47 May 13, 1993 officials, not employees for hire, as a professional instructor. i think that this particular proposed ordinance regards elected officials as Coronissionert Of the City of Miami. Commissioner Dawkins: When you posed the question to me, you did not pose the question as it referred to elected officials. You posed it to me as a person. Mr. Gonzalez-Goenaga: No, no, no, no. Commissioner Dawkins: t responded as a person. Mr. Gonzalez-Goenaga: No, no, no, I was referring to the - to the issue. Commissioner Dawkins: Oh, no, you did not. But you only referred to it... Mr. Gonzalez-Goenaga: Elected officials. I think... Commissioner Dawkins: You only referred to it, sir, after I had answered. Then you became - went into a dialogue. Come on. Mr. Gonzalez-Goenaga: Well, let's put it - let's go to the essence, to the bottom line. My understanding is for elected officials, and the only elected official in the City of Miami as City of Miami Commissioner that this thing would apply to if it passes, would be to Commissioner Plummer. And I hope that is the only one, because from now on, the way this government is going on, we must put a limitation on elected officials on consecutive years. Twenty years is too much, and, you know, after, maybe - I don't know - eight years, ten years, when you get so much power, you think you are the owner of the City or any...you know. We should put time limitations so this would not occur. And with a salary of $6,000, what kind of pension would Mr. Plummer get? A bigger pension than a salary being Commissioner? That's another important question because... Mayor Suarez: No, no, that's resolved. It's 50 percent of his salary, which is $25O0 a year. Mr. Gonzalez-Goenaga: OK. Commissioner Alonso: I have sane questions. Mayor Suarez: All right, Commissioner. Commissioner Alonso: Yes. You say the State law is in existence right now, so if anybody that is in this situation - let's say Commissioner Plummer, that is the one that applies in this case - requests this, he has a right? Mr. Jones: Yes. This specifically says that, yes. Commissioner Alonso: So it doesn't make a difference, whatever we do? Mr. Jones: Yes. Commissioner Alonso: The only problem, and I have some problems with this because it's - we don't set our salary. Therefore, you feel kind of EK 48 May 13. 1993 uncomfortable doing this, rather than the voters making the decision of what the citizens of Miami want or don't want. And since that applies for salariest it's understandable that it should apply also for all of the other rules and regulations. And since we are not affecting anybody by taking the position of, no, we are against these, or no action taken, then the issue is the same. It stays the same. Mr. Jones: The only thing 1s that you've got to have a - you've got to have a r if this particular Commissioner does request 1t, you've got to have some mechanism 1n place to pay it out. Commissioner Dawkins: Well, you just said, Mr. City Attorney, if we didn't do anything, J. L. Plummer was entitled to it. Now, you're saying that we have to pass... Mr. Jones: He is entitled to it. I'm just saying that you would have to have a vehicle for it to be paid out. Commissioner Dawkins: I move it. Mr. Jones: That's all I'm saying. Commissioner Alonso: Now, the other problem that for my vote, I have problems because I see that it could be that people working in, let's say Commissioner Plummer's Office, that have been here all of these years, they don't. They will receive 1t as well? Mr. Odio: Oh, they were City employees. All of your permanent employees... Commissioner Alonso: Excuse me... Mr. Odio: Joan and Gloria were City employees. Commissioner Alonso: Do they have the right... Mr. Odio: ... to pension. Commissioner Alonso: ... to pension? Mr. Odio: Sure. Commissioner Alonso: Are you sure? Mr. Odio: That's why - yes, I know. One of them retired - two of them retired. Commissioner Alonso: Well, let me tell you something. The understanding is, and at least for may staff, and Mary W11son , for example, 1s here, and she has been working for the City of Miami with all the Commissioners prior to try being elected, and she is not included. She was never given the option, and as I recall, even Mercy Lopez, when she came into my staff, she was receiving ten percent more, I believe it was, because she was not included at that time in the pension plan. Were they given the wrong information? EK 49 May 13 , 1993 ' f'R Ak s� Mr. Odio: Yes. They're given the option. And some people... Commissioner Alonso: Well, certainly, they were not, and given the wrong information. Mr. Mot Well, I'm sure... Commissioner Alonso: We have discussed this at a staff meeting in my office, and have felt all along that it was kind of unfair, because they were, in fact, City employees. Mr. Odio: They have the option, and if they choose not to be a part of the pension plan, then we don't deduct the ten percent or whatever, 12 percent - ten percent of their salary. So some people come in here thinking, well, I'm only going to be here two or three years, so I don't want that option. And then later on they say, oh, I wish - now I've been here ten years, I wish I had that option. OK? Commissioner Alonso: So they were - so when they were not given... Mr. Odio: They were given the option when they were employed, I'm sure of that. Commissioner Alonso: She certainly was not given the option, and - because she has discussed this with me recently again, and we have done that before, like a year ago. Mr. Odio: She was given the option. Commissioner Alonso: Then maybe she misunderstood. Mr. Odio: You were given the option. Commissioner Alonso: We have to go back and check that, if they were given, and if such an employee is then given a form to refuse that option, do you have a form? Ms. Sue Weller: Commissioner, I'm not sure what they're given when they go through orientation, and as well, the Pension Board or the Pension Administrator would also oversee that, as far as when they take - keep track of who has gone into the plan or not. Commissioner Alonso: May I suggest that If we don't have it, that we do a form. Well, that's fine, but if not, be certain that an employee signs a form refusing that option. Because this way, we will know for sure that it was not forgotten or misunderstood. Mr. Weller: Sure. No problem. Commissioner Alonso: OK. Thank you. Mayor Suarez: One last question. Are we to understand that this applies only if the individual resigns, but not if the individual... EK 50 May 139 1993 Mr. Jones: Resigns or retires. Mayor Suarez: but not if the individual runs for office, for reelection and 1S defeated? Mr. Jones: the language specifically says Oresigns or retires." Mayor Suarez: Is that his barren interpretation of the situation, in his typical Miami Herald perverted way of looking at things? Mr. Jones: No. The statute just says 1f you voluntarily resign or retire. Those are the two words. Mayor Suarez: So 1f you are defeated, that doesn't constitute... Commissioner Alonso: You can resign the day before. Mayor Suarez: You retire sort of involuntarily. That doesn't qualify? Mr. Odio: That's a resignation. Mayor Suarez: It's a strange - no wonder Shakespeare said what he said about the law, and lawyers and stuff. Wowl Mr. Jones: That would be an involuntary resignation. Mayor Suarez: Involuntary resignation, all right. Vice Mayor De Yurre: So basically, we're not here talking about adopting this Policy. It exists, and it's applicable. Mr. Jones: Yes, it is. Vice Mayor De Yurre: And all you have to do 1s determine a mechanism to put 1t Into play; is that it? Mr. Jones: Yeah. What's before you basically tracts exactly what the State statute provides. Vice Mayor Be Yurre: OK. So basically, we really have no choice? Mr. Jones: That's nay - he's entitled to it. Vice Mayor De Yurre: So there's a motion to approve it and I second It. ; Let's go. Mayor Suarez: Any further discussion? If not, read the ordinance. Call the roil. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 40 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PENSION ARID RETIREMENT PLANS," THEREBY ESTABLISHING AND CREATING DIVISION III, SECTION 40- 2509 ET SEQ., PURSUANT TO SECTION 112.048 OF THE LAWS OF THE STATE OF FLORIDA; CREATING A SYSTEM OF RETIREMENT FOR ELECTED OFFICIALS WHO HAVE HELD AN ELECTIVE OFFICE FOR THE CITY OF MIAMI, FLORIDA, FOR A PERIOD OF TWENTY (20) OR MORE CONSECUTIVE YEARS, MORE PARTICULARLY BY ADDING NEW SECTIONS 40-2501, 40-251, 40-252, 40-253, 40-2549 40-2559 40-256, AND 40-257; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins and seconded by Vice Mayor De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez. ABSTAINED: Commissioner J. L. Plummer, Jr. 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 Alonso: Yes, on the basis of the information provided to us that it's a vested right, I vote yes. Commissioner Dawkins: I was going to refrain from voting, but since they say that I am not eligible, I vote yes. Mayor Suarez: No disrespect to my colleague, but I vote no on this one. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: All right. Commissioner Plummer: May I. Just for the record, Mr. Mayor. Mayor Suarez: Yes, sir. Commissioner Plummer: I was totally unaware the statute existed, and I was informed by the Administration. I'm proud to say that I'm probably the only one that presently has been here for more than 20 - this is my 23rd year. EK 52 May 13, 1993 ncn amm�wi L-1 Prior to this, the longest longevity of any elected official in the City of Miami was 11.8. Commissioner Dawkins: Miami. Commissioner Plummer: And I want to tell you, sir, that at best, I don't plan on drawing any retirement from this Commission for at least another 25 years. Mayor Suarez: Oh, my God. Commissioner Dawkins: Now you talk about campaigning. You're talking about a campaign speech. Now, 1f that's not one, I don't know what 1s. Vice Mayor De Yurre: Then you're not going to start collecting till you're 90, so we got nothing to worry about financially, anyway. Mayor Suarez: The verdict is in. He's staying, and the sentence 1s another 25 years. - --- -------------•----------------------------- ---- r- S. AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST) -- PROVIDE FOR COMPLIANCE WITH INTERNAL REVENUE WITHHOLDING GUIDELINES, AS ENACTED BY CONGRESS -- PROVIDE FOR COST OF LIVING ALLOWANCES (COLA); ETC. Mayor Suarez: All right, tom 4, first reading. Ms. Sue Weller: Mayor and Commissioners, this particular ordinance change provides for two things. The first one, I'm going to explain deals with the change, or provides, rather, for a COLA (Cost of Living Allowance), a fixed annual COLA for the general enmpioyees, based on two percent of the employee's retirement benefit to a maximum of $200. This was negotiated within the COLA Committee, which consists of Charlie Cox, AFSCME (American Federal, State, County and Municipal Employees) president; Lewis Watson, SEA (Sanitation Employees Association) president; myself, and Frank May. Commissioner Plummer: May I inquire why this is coming up now, and it's not part of the negotiations, of the normal negotiation process? - Ms. Weller: Commissioner, under the Gates settlement, it provides for a COLA — Committee to determine how the distribution of the COLA funds - rather, how - the COLA funds will be distributed. Commissioner Plummer: So are you then saying to me that this provision here 1s mandated by the consent agreement of Gates? — Mr. Cesar Odio (City Manager): Yes, sir. Ms. Weller: Yes, Commissioner. - i Ek 53 May 13, 1993 o camissioner P1ur err: OK. I'll move it. Mayor Suarers So moved and seconded. Reed the ordinances please. (AT THIS BY TOTLEsRETHE CITY CORD ONLY ATTORNEY READ THE ORDNANCE INTO THE PUBLIC RECORD Mayor Suarez: I'm sorry, I didn't recognize you before. Mr. Marshall Litvak: Yeah. I'm Marshall Litvak, representing the City of Miami Retired Employees Association, and I have only one question with reference to the ordinance. On page 2, second paragraph, it states: Whereas the parties have negotiated certain cost of living allowances for future retirees. The ordinance goes on to state that it affects all retirees and their COLA benefit. But the statement saying future retirees only raises a question as to whether that's a mistake or the purpose of having the words, "future retirees," in there. A. Quinn Jones III, Esq. (City Attorney): Good question. Mayor Suarez: Do you have an answer to that, an interpretation of that? Mr. Litvak: It's page 2, second paragraph. Commissioner Plummer: Repeat the question. Mr. Litvak: Yes. The question is that the statement states that it provides cost of living allowance for future retirees. Ms. Weller: On what page, Marshall? Mr. Litvak: Page 2, second "whereas" clause. Ms. Weller: I would have to say that's a mistake in that particular section, because it does provide, the COLA current retirees will receive this COLA as well. Mr. Lltvak: Correct. That's what I understood from reading the balance of the ordinance. Ms. Wheeler: That's correct. Mr. Litvak: My only question is, why that statement was 1n there. Commissioner Alonso: Then amend it. Mr. Odio: It was inadvertent and we'll strike it. Mr. Litvak: Thank you. Mayor Suarez: Thank you. With that interdelineation we have a motion and a second, and the ordinance has been read with that provision or modification rather. Any further questions? If not, please call the roll. EK 54 May I39 1993 0 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV OF CHAPTER 40, ENTITLED "PENSION AND RETIREMENT PLANS, DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST", THEREBY: (1) PROVIDING FOR COMPLIANCE WITH THE INTERNAL REVENUE WITHHOLDING GUIDELINES, AS ENACTED BY THE CONGRESS OF THE UNITED STATES OF AMERICA PURSUANT TO UNEMPLOYMENT COMPENSATION AMENDMENTS OF 1992, AND (2) PROVIDING FOR COST OF LIVING ALLOWANCES (COLA); MORE PARTICULARLY BY AMENDING SECTIONS 40-239(I) AND 40-240(A); 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 Miriam Alonso Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 9. AMEND CODE, ARTICLE IV, CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST -- PROVIDE FOR COMPLIANCE WITH INTERNAL REVENUE WITHHOLDING GUIDELINES, AS ENACTED BY CONGRESS; ETC. Mayor Suarez: Item 5. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. EK 55 May 13, 1993 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV OF CHAPTER 40, ENTITLED "PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," THEREBY PROVIDING FOR COMPLIANCE WITH THE INTERNAL REVENUE WITHHOLDING GUIDELINES, AS ENACTED BY THE CONGRESS OF THE UNITED STATES OF AMERICA PURSUANT TO UNEMPLOYMENT COMPENSATION AMENDMENTS OF 1992; MORE PARTICULARLY BY AMENDING SECTION 40-212(I); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 0 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 J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 10. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: OVERTOWN NEIGHBORHOOD PARTNERSHIPS - COMMUNITY CRIME PREVENTION PROGRAM APPROPRIATE FUNDS ($50,000) FROM STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF PUBLIC SAFETY MANAGEMENT. Mayor Suarez: Item 6. Commissioner Alonso: Move it. Commissioner Plummer: Second. Mr. Ricardo Ruiz: Mr. Mayor? Mayor Suarez: Moved and seconded. Yes? Mr. Ruiz: My name is Ricardo Ruiz. I live at 3150 Southwest 15th Street, right next to Coral Gate Park. Even though I really think that this item should be approved, I have questions about not only item 6, but item 22 also, where I see that you have a certain amount of monies going to crime prevention EK 56 May 13, 1993 2- • • here, and also a certain amount of monies going for drug information and awareness on item 22 also. Our little area of town, especially Coral date Park, is having a major problem with drugs. Also on Coral Way and 16th, we're having a major problem with gangs and and drugs and whatever. We are not getting any response. We're getting broken into, all our homes. My house has been broken into twice, and I've gone through and knocked on each door of my neighborhood, and we've had major break-ins. One of my neighbors has been broken into six times. One elderly couple was broken into, and tied up while they were there. When do we become a high priority? Do we have to wait till 1t gets there to be looked at and have maybe the police department help us out in regards to what's going on with our neighborhood in Coral Gate Park and the surrounding area? Are we going to... Mayor Suarez: That's a fair question, and I think you phrased 1t correctly, rather than being negative about the other allocations. Commissioner Alonso: Yeah, well we should be supportive of this and inquire when... Mayor Suarez: Exactly. Commissioner Alonso: ... that process be initiated for these other areas. Mayor Suarez: And Coral Gate is a very stable, very desirable community, close to a major downtown, close to - it's in the inner city, you know, and the least we could do 1s try to preserve it that way. Lieutenant, do you have any... Commissioner Alonso: And having a lot of problems with gangs. Commissioner Plummer: Well, can I ask this question? Did we, in fact, try to get funds for other neighborhoods? Why is it just one neighborhood? Did they make an application? Lt. Joseph Longueira: All right. Commissioner Plummer, it's a grant from the State. Thy asked for certain conditions to be met. You have to target a certain area. This was, as I understand, requested by the Overtown community, = that we work with them on this, and we put together to target that area. It's Possible to target other areas. We targeted the North Liberty City area on a - drug grant that we're working with the County on. We do different types. You're not going to get a grant that will target the whole City though, you know, for something like this. They want you to be very specific, in certain = cases. But I'll certainly get with the man right after this. — Commissioner Plummer: What will these monies be used for? Lt. Longueira: Excuse me? Commissioner Plummer: What will these monies be used for? Lt. Longueira: Most of the money is used for overtime, for officers to work in crime prevention activities, and as I understand, it 1s up in the 27th Avenue and 20th Street area? No? OK. Captain Bennett can clarify that. EK 57 May 13, 1993 11 Capt. J. Mb Bennett: No, it's in the core Overtown area, And it provides for Certain overtime monies to be dedicated to instruction, and also to working hand in hand with community people, in getting their - getting them to work with us to a partnership, and also educating them in crime prevention techniques. Commissioner Plummer: I'm not 1n any way trying to divert funds from Overtown. No way. Mr. Cesar Odio (City Manager): No. Commissioner Plummer: it's very much needed. Mr. Odio: But if they have... Commissioner Plummer: But on the other hand, if you want to go and you want to speak, in my opinion, as Miller very well says, there's other drug centers In this community, some of them, in some ways, that are worse than Overtown. Mr. Odio: Well, if they apply... Commissioner Plummer: But how did these people know and the others don't know? It would seem like to me that if you have a NET (Neighborhood Enhancement Team) Program, that the NET Program should be bringing that to the individuals of that community that it's available, and they should be making an application for it. I'm losing something here, why one area gets it and either the others don't even know about it, or they're not applying. There's got to be a problem there somewhere. Captain Bennett: From a historical view, I think we should best go to the author for a historical view. Ms. Frances Brooks: This particular grant was applied for jointly between the City and Miami -Dade Community Colleges Overtown Neighborhood Partnerships Program. It is seen as a special Initiative, though I think there are probably opportunities for other communities to apply to this source in the same manner as this particular grant was applied for. The grant, itself, was actually awarded, you may recall, back in January, and the ordinance that's provided for today is now just to permit us to actually spend the money. But the program has been - Is in place and planning has been occurring for the past several months. But to answer your question directly, Commissioner, yes, I think there are opportunities to apply to the source for other targeted areas, and the County is the mechanism through which that is usually done. OK. Lt. Longueira: Commissioner, one other thing, if I could, is my unit is responsible for grants for the police department. We review all the announcements all the time. But this is a competitive process, and one of the things in the process is, you have to pick a risk area, and the risk has to be high risk. And when you get into the competitive, if you're not very high risk versus other areas of the State that are high risk, and we come in with an area that's not as high, we won't get the grant. So that's why sometimes, you see some areas of the City ending up - get more grants, because of the target, the at -risk of that neighborhood is so great, in order to be EK 58 May 13, 1993 `y f o11►etitive you hive to compete at that level. but I will get with this MAO after the meeting. We will set up meetings with him and we will see whet we can do to address his problem. Commissioner Alonsot Even though it's a very stable Community, I'm sure that if you look at the numbers of the crime... Mr. Ruiz: It's unreal. Commissioner Alonso: ... situation in that area, it's extremely high. Next to the shopping center, and in that location in Coral Way is extremely high. Mr. Ruiz: My home is next door to the park. I have two hones right next door to the park, and for the last seven years, it's been going downhill. One thing I wanted to ask is - I know the schools are drug free area zones or whatever, the parks designed or designated drug free zones? Mayor Suarez: I don't believe they're in the State legislation... Commissioner Alonso: We had discussed that at the City level and we thought at one time that that was going to be done, but it hasn't been. Lt. Longueira: It's a State law, the schools. I don't... Commissioner Alonso: Yeah, but we disussed the possibility of addressing that issue at the State level because of the importance of keeping it... Lt. Longueira: I don't know. I'll check. Mayor Suarez: It's a great idea. Commissioner Alonso: Yes. Mayor Suarez: And if it then happens that people logically say, well, if we do schools and parks, you know, then why not the entire connnunity and the — answer would be, yes, the entire community should be so defined with those kind of harsh boundaries so anybody who's dealing drugs, starting with schools... Commissioner Alonso: Of course, but you have lots of youngsters in those areas. Mr. Ruiz: Oh. they're smoking pot openly, openly. We've asked them to leave the park. We've asked them all kinds of things, and it just - last night, we called the police. Unfortunately, last night, they did not go. They were a group of five or six of them and down on the corner of Coral Way... Commissioner Dawkins: What park are you talking about? Mr. Ruiz: Excuse me? Commissioner Dawkins: What park? I'm sorry, sir. What park are we talking about? EK 59 May 130 1993 �s Mr. Ruiz] Coral Date perk, right on the corner of 32nd and 16th. Commissioner Dawkins: Coral Gate? OK. Mm-limmd Mr, Ruiz: And Also, on the corner of 32nd and Coral Way, behind the Mobile Stations they congregate. I mean, there's all kinds of them there* but we've been trying as much as we can, and I'm sorry I have to come here this often but... Commissioner Dawkins: Mm-hmm, I know. Mr. Ruiz: ... it's getting to the point that, you know, our homes are being broken into, our security and way of life is being disrupted, and we'd like something done. Commissioner Plummer: Unfortunately, sir, yours is not the only area. Mr. Ruiz: I know, sir. Commissioner Dawkins: Yeah, but, you know, as the gentleman said, I mean, it's really - as a private citizen, you know, I feel like he feels. You know, I get tired of having two or three burglaries in my block, a car stolen out of my block every other week. And ail we sit up here and say is that it's happening all over the City of Miami, and that doesn't resolve the problem. The problem is that we have to do something to make Miami safe for the citizens. And I don't know what the heck it is, because if I knew, we could do it. Now, I don't see - as the Manager said, you got drug free zones around the schools. Joe? Lt. Longueira: Yes, sir. Commissioner Dawkins: Now may people, off the top of your head, just off the top of your head, would you say we have arrested for selling drugs near a school? Lt. Longueira: Sir, I don't have any idea. Commissioner Dawkins: OK, just an idea. Many? Just an - many, none, some? Lt. Longueira: We have many. Commissioner Dawkins: Many, OK? And Mr. Mayor, according to the law, that's a mandatory - what, Joe? Lt. Longueira: I don't know what the penalty is. I know it's higher. Commissioner Dawkins: And they don't - Mr. Mayor, Mr. Mayor, they don't even stay 1n jail for trial. Lt. Longueira: Right, jail space is the problem. Commissioner Dawkins: But you see, when you made it a drug free zone, you did not make it a drug free zone contingent on there being space for the Individual selling drugs, be found space for. We didn't say that. We told EK 60 May 13, 1993 0 the neighborhood that this is a drug free zone, and if you get caught selling drugs in this neighborhood, you go to jail three to five years. And this is what us citizens are concerned about. And around My block, they shoot crap in the middle of the streets from 7:00 o'clock in the morning until 2:00 o'clock at night, and I don't understand why a motorcycle cop can't go through there, why somebody cannot stop then from shooting crap in the middle of the streets. That's on 50th Street and 15th Avenue. They shoot - if you go over there, I can take you over there right now. They're shooting crap right out there now, see? Now, what is this $50,000 going to do to prevent these sort of things from happening Overtown? Somebody tell me. Mr. Cesar Odio (City Manager): That's a drop... Commissioner Dawkins: That's right, I'm saying, I know. Mr. Odio: That's just a drop to the bucket. Commissioner Dawkins: Yeah, but how can you use it, Mr. Manager - and I'm not being picayune. Mr. Odio: No, no, I know. Commissioner Dawkins: But how can we maximize? What I'm trying to say is, how can we maximize it? Mrs. Brooks can tell you, right at 13th - what is it? 13th, 14th? What's the place that - two blocks up from you? Ms. Francena Brooks: Sixteenth. Commissioner Dawkins: Sixteenth? At 16th and 3rd Avenue, they sell drugs out there like they got a license. Capt. Bennett: Yes, sir, and as the City Manager just reminded me, we are hitting those spots with our IMPACT (Intensified Mobilization of Police Against Criminal Tactics) teams, and I will talk to your NET (Neighborhood Enhancement Teams) administrator and the police officers assigned to your area, as far as the shooting of the craps. Commissioner Dawkins: OK, but... Capt. Bennett: What this program, we're hoping to do with the State money that was actually originally federal money, the $50,000, what we're hoping to do is to have the community buy into this with us as a partnership. I'm told we have at least 40 community residents in this Overtown area that steadfastly have remained with us throughout, asking for this grant and working with us in the area, in trying to improve it, as far as crime goes. Commissioner Dawkins: So in other words... Capt. Bennett: We're very encouraged by that. Commissioner Dawkins: In other words, what we're going to do with the $50*000 is encourage citizens to accept the fact that we're going to arrest aggressively... EK 61 May 13, 1993 • Capt. Bennett: And that they're going... Commissioner Dawkins: We will only be as aggressive as you are resistant. Capt. Bennett: Exactly. Commissioner Dawkins: OK. Capt. Bennett: And they're going to help us do that. Commissioner Dawkins: OK, good. Because, you see, if you don't resist arrest, I don't have to use force to arrest you. The more you resist, the more force I have to use to arrest you, and then the citizens start saying police brutality, when ail, in reality, most of the time, all the policeman is doing is self-defense. Mr. Odio: Commissioner, I'm trying to confirm this, when you were saying before, an 65-year-old lady got murdered last night for $20... Commissioner Dawkins: That's right. Mr. Odio: ... Fort Lauderdale. And I have information that the kid that committed the crime, the guy had just been released a week before from jail. Commissioner Dawkins: Mm-hmm, see. Commissioner Plummer: Yeah, but what... Commissioner Dawkins: Now, I'm just saying, we just got... Commissioner Plummer: What do we do about it? Commissioner Dawkins: I don't know, I don't know what we can do, Mr. Manager, but - no more than we're doing. Commissioner Plummer: What do we do about it instead of sitting here and talking about it? Mr. Odio: The Committee - the State legislature has now committed, out of three of the four points that all the Dade police chiefs have proposed, and the State Attorney... Commissioner Dawkins: Did they give us any money to do it with? Mr. Odio: No. well - Commissioner, wait. It is going to have to go to the legislative session that's coming up in May or next week... Commissioner Plummer: Special session. Mr. Odio: Special session. And if they pass three out of four, those people will stay in prison. I hope. Commissioner Plummer: I doubt it. EK 62 May 139 1993 Commissioner Dawkins: Where are we going to put them? Mayor Suarers All right, on this item? Mr. Odio: We11, the thing is that - I hope and I'm saying - I'll say it publicly. The Governor, 1 mean, I know he likes it his way, but we needed the 7,000 beds that were in this bill that he vetoed, and I don't know how he vetoed that. I mean, we need those 7,000 beds. We need 21,000 beds right now. Commissioner Dawkins: Yeah, but you got 6,000 beds at Krome, at Krome Avenue. OK, go ahead, call the roll. Mayor Suarez: On item... Mr. Gonzalez-Goenaga: Excuse me, this is an emergency. Mayor Suarez: No, sir, have a seat. Mr. Gonzalez-Goenaga: This is for emergency. I'm supposed to speak if you're going to pass an emergency. Mayor Suarez: You will be able to speak after 3 p.m., Mr. Gonzalez-Goenaga, in accordance with our ordinance. OK. Item 6. We have a motion and a second. Have we read the ordinance already? AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "OVERTOWN NEIGHBORHOOD PARTNERSHIPS -COMMUNITY CRIME PREVENTION PROGRAM"; APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROGRAM IN THE AMOUNT OF $50,000 FROM THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF PUBLIC SAFETY MANAGEMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Alonso and seconded by Commissioner Plummer, adopted said ordinance by the following vote: EK 63 May 13, 1993 • AYES: CoMissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11063. 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. -----------------ri-r--------------- -----------------------------Y.rf ----- 11. FIRST READING ORDINANCE: AMEND CODE, SECTION 18-56.1, PERTAINING TO: COMPLIANCE WIRIGHT TH HP TIME REQTESTo UIREMENTSOR- ADD TO RESOLVE NEW SUBSECTIONS: (a) STAY (OF PROCUREMENTS DURING PROTESTS, AND (b) COSTS. Mayor Suarez: Item 8. Commissioner Plummer: I don't understand item 8. What is item 8? A. Quinn Jones, III, Esq. (City Attorney): Item 8, Commissioner, is in response to the bid protest. Commissioner Plummer: OK. Mr. Jones: You know that the way that the code is... Commissioner Dawkins: Mr. Manager... Mayor Suarez: Excuse me. Mr. Jones: The way the code is presently worded, we found ourselves, in more situations than not, where you're about to award a bid, and then you have a protestor, and, of course, you always question, you know, why wasn't this resolved before it was brought here, why is this? What this attempts to do, and I think it will go a long way toward resolving that problern, the three major revisions... Mayor Suarez: Please, excuse me. I need - OK. Please, because we can barely hear what he is saying. Commissioner Plummer: Go ahead. EK 64 May 13. 1993 do"' Mr. Jones: In the cover memo, it indicates that there are three major revisions here. What it will do is that the only person that will be able to file a protest would be - with regards to the invitation to bid - is a bidder who has been deemed to be responsible and responsive, and that particular person's bid is lower then the recommended vendor. Protests dealing with Request for Proposals would be - continued to be treated the same. The time requirements have changed considerably. What we are allowing for is a notice of protest, which must be filed within two days, and a formal written protest which is to be filed within five days after the notice of protest. Failure to file the notice of protest or the required written protest will result in an automatic dismissal of the protest. And in an effort to further reduce the number of what we regard as frivolous protests, there is a requirement that a bond be filed by the protestor in an amount equal to one percent of the amount of the bid or contract, or $5,000, whichever is less, and, of course, payment of all costs by the protestor. Now, in researching this, we checked with the State of Florida, and, of course, a tot of these provisions were basically taken out, with some modification, out of the model procurement code. But this bond requirement, apparently, as we understand it, and I think Dade County has it, as well, has cut down considerably on the number of protests, and it has really gone a long way towards making a more orderly transition in terms of getting the bids awarded more timely than it had been in the past. So I think that - and I think that the Administration would be in agreement with me, we worked on this together - I think this will resolve the problems that we've had in the past, and this is why it's here for your approval. Commissioner Plummer: One area - go ahead. Commissioner Alonso: I have one question. "A," you say limit the number of protests, because the only party that may protest is a bidder who has been deemed to be responsible and responsive, and also, whose bid is lower than the recommended vendor. Mr. Jones: Yes. That only relates to... Commissioner Alonso: The fact of the matter is, if it meets all of these criteria, it should have been awarded the bid to begin with. Mr. Jones: Well, there may be a situation where it's lower or whatever, but you decide to again, maybe applied the local preference. There may be other criteria that may be involved, where, for one reason or other, you may think that the firm does not have a commitment to minorities, whereas the firm whose bid it a bit higher is more responsive to community needs. So there could be any number of... Commissioner Alonso: So it could be a space of, it will be understanding and how to apply it, and then they will be granted that opportunity to protest. Mr. Jones: That's correct. Commissioner Alonso: OK. Thank you. Commissioner Plummer: Mr. City Attorney, on e EK 65 May 13, 1993 r this thing about they didn't file within the period of days, and I thought we were going to go to - or at least I hoped we were - to a notification by certified mail, establishing actually the date. Mr. Jones: Yeah6 there is a... Commissioner Plummer: Not by what they should have known. As I recall, one of the protestors... Commissioner Alonso: We notify them, don't we? Ms. Anne Whittacker: Excuse me. Yes, Commissioner Plummer, Anne Whittacker. Yes, sir, we do notify them by certified mail. Certified, return receipt, the green slip comes back... Commissioner Plummer: And that's when their time starts running? Ms. Whittacker: Yes, yes. Commissioner Plummer: To run their protest? Ms. Whittacker: Yes, unless we know that somebody from staff verbally spoke with somebody else. Commissioner Plummmer: No, that's not acceptable to me. That's not acceptable to me. I think that everybody should be notified by certified mail... Ms. Whittacker: We do. Commissioner Plummer: ... that they are not the awardee, and that their time of running for any protest starts upon receipt of that letter, and they have "X" number of days. Mr. Jones: It should be opening of the bid, that's where 1t really should run from. Commissioner Alonso: Then it exists, the possibility exists that they will not receive the information on time. They only have two days. So it's a very short period of time, and if we start counting from that time, in fact, it's possible that the individual had no way of knowing. Mr. Jones: Yeah, it's - I would agree with you and I would think that... Commissioner Plummer: I think they all should be notified of that. Mr. Jones: Yeah, it would be a good idea to notify them all. Commissioner Alonso: And it has to start counting from that specific time? Mr. Jones: It should be from the time that the bid is opened. That's the way I would... Commissioner Alonso: The bid is opened? EK 66 May 13, 1993 ■ s Mr. Jones: The date that the bid is opened. Mr. Ron Williams (Assistant City Manager): Or if I nay amend, in the Case of an RFP (Request for Proposals) or RFQ (Request for Qualifications), at the time the final ranking is presented and made public. Mr. Jones: Yeah, because they wouldn't know... Commissioner Alonso: Then, could we include a provision that says they have to send a representative or something so that we will have... (INAUDIBLE COMMENT) Commissioner Alonso: Exactly. Because otherwise we will not have it on an equal basis. You say we are doing it in a fair base, and that's exactly what we are trying to accomplish, avoid all these numbers of people that have no basis, really, to protest, and take so much of the time. But at the same time, we want to reserve the opportunity of those who have a valid complaint and we will be limited by saying two days, and from that time, if they have no way of really knowing, by the time you notify them, it might be past the two- day deadline. What do we do? Mr. Williams: Well, my thought would be, and I certainty would confer with the City Attorney, that they would have two days after that formal notification took place. And I certainly agree with you that when we... Commissioner Alonso: When you say "formal notification," it would be the certified letter? Mr. Williams: That notification from the City. Commissioner Alonso: OK. I have no problem with that. Mr. Williams: Yes. Then the clock starts even for everybody. Commissioner Alonso: OK. I have no problem with that. Commissioner Plummer: Well, that's the point I was trying to make. Mr. Jones: But, see, the only problem you have with that, Commissioners, is that you probably know as well as I do that a lot of people don't pick up certified letters, for fear that it might be a lawyer suing them or giving them notice or whatever the reason may be. So it actually should be two days from receipt. Commissioner Plummer: Well, excuse me. Have you got a better idea, or a better method of doing it? Mr. Jones: I think it should be sent by both certified and regular mail. Commissioner Plummer: OK, fine. Commissioner Alonso: OK. EK 67 May 13, 1993 Mr. Jones: Which is what we do... Commissioner Alonso: So then from the time they receive the first notification. Mr. Jones: No. It should run, the period should run from the date it's received. That's the way, because you don't know what tie-ups there may be in the mail or whatever else. Commissioner Alonso: But if they don't pick up the paper, there if a formal notification from the post office and they put a date on it. Mr. Jones: So you can send 1t return receipt. Commissioner Alonso: Return receipt? Do you have problems with that? OK, let's do it, because it seems that it's on a fair basis and we will not be running into, "Well, I did not receive the notification," or this or that, "it was sent to the wrong address," or what have you. Mr. Williams: That's true, Commissioner. We could make it very clear in our documents how and where; how we would notify you and where that notification should go, and the onus would be on the responding vendor, the bidder or the proposer to make sure that that address was clear and proper in their submission, so that we would respond only to that address. Commissioner Alonso: OK, yes. Mayor Suarez: OK, on the item... Commissioner Plummer: Well, you know, one of the other things that you might want to consider is that there be "X" number of days after the bids are received that that clock starts running on a notice of appeal. In other words, 1f the bids are open on the first day of the month, that the fifth day of the month, their time frame starts running and they have, you know, it's automatic. There's no notification or anything. It's just the idea, hey, in the bid, it is so spelled out very clearly. Commissioner Alonso: But do we follow a rule that it's not that way or... Commissioner Plummer: I'm saying - no, no, I'm saying that that's maybe the way we do it, because if people won't accept certified mail and they won't accept regular mail for whatever reason, then you've not accomplished anything. Mr. Williams: Commissioner, the concern there would be - that I would have with that is that often, there is internal analysis that has to take place, and conversation between departments where we determine the responsible and responsive... Commissioner Plummer: So make it ten days or whatever the days are, but I'm just saying - Ron, we've just heard too many times up here that I didn't have the time because I didn't know. EK 68 May 13, 1993 0 Mrl, Williams: AiQht. What we want to lock in is a consistent time for everyone. Commissioner Plummer: that's it. Mr. Williams: So that the clock starts for everyone. I don't know, I'd have to discuss it with the City Attorney, but maybe faxing would be an appropriate way to go. Commissioner Plummer: That's a possibility. All right, let's do this. Let's pass it on first reading. Commissioner Alonso: Yes. Commissioner Plummer: And then, you know, all of us can make our comments to you in the interim time before second reading. I so move. Mayor Suarez: All right. So moved. Commissioner Alonso: Yeah, second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCEAMENDING SECTION 18-56.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY AMENDING CERTAIN SUBSECTIONS PERTAINING TO: (A) RIGHT TO PROTEST, (B) AUTHORITY TO RESOLVE PROTESTS, (C) COMPLIANCE WITH TIME REQUIREMENTS, AND ADDING NEW SUBSECTIONS PERTAINING TO: (D) STAY OF PROCUREMENTS DURING PROTESTS, AND (E) COSTS; 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. EK 69 May 13, 1993 E • i��Gi iifii iN7YW ifr rYlf�if� ii+�►i YY ilYi riiirfir YiMiYiiliiilY ii if.iii---- r--r---W—mil i tr i----�..�ifrYidu�iir 12. ESTABLISH A TAX-EXEMPT PROPERTY STEERING COMMITTEE OF THE CITY OF MIAMI, PROVIDING FOR! (a) PURPOSE AND RESPONSIBILITY, (b) MEMBERSHIP AND TERMS OF OFFICE, (c) IMPLEMENTATION OF A PAYMENT -IN -LIEU OF TAXES (PILOT) PROGRAM, AND (d) ADMINISTRATIVE SUPPORT i- DIRECT CITY MANAGER TO PREPARE RESOLUTION FOR APPOINTMENTS* s�riUrYiYYiNii --r------- 0 — — - — - — r-Wr�i�iYii �IW/fiYWY Mayor Suarez: Item 10, establishing a committee. How would the committee be appointed? Commissioner Plummer: By us, one member each, isn't it? Mayor Suarez: One member each. Mr. Manohar Surana: Right. Mayor Suarez: I'll entertain a motion on it. I can't imagine we would lose anything by at least trying this. And finally, I figured out where the... Commissioner Piummer: I don't have my appointee today, but I would say, Mr. Mayor, that as long as the people reside in the City of Miami, that we merely surrender the names and addresses to the clerk, and they are automatically approved. Commissioner Alonso: Yes. Commissioner Plummer: I would move it under that scenario. Mayor Suarez: So moved and seconded. Mr. Joel Maxwell: Mr. Mayor? Mayor Suarez: Yes, sir. Mr. Maxwell: Pardon me. The resolution 1n front of you doesn't actually allow for you to appoint. What it does, 1f you see in the title, it would establish the committee, establish guidelines and criteria, and it would require the Administration to come back to you at the next meeting. But If you desire to appoint members now, if you're prepared to do that... Commissioner Plummer: I'm not. Mr. Maxwell: ... we have a resolution prepared. So your vote now would be... Commissioner Plummer: To establish the vehicle. Mr. Maxweli: ... to establish the committee. Commissioner Plummer: I so move. Commissioner Alonso: OK, yes. EK 70 May 131 1993 • Mayor Suarazi O+K, moved and seconded. Any discussion? If not, please tall the roil on item 10. Mr. Cesar Odio (City Manager): This is revenue, revenue, revenue. Mr. Surana: Joe, you have to change language, Section 2. Commissioner Plummer: Yes, I hear you. I brought this up to you a long time ago. Mr. Surana: If I may, I'd like to make some minor corrections to this resolution. In Section 2 and Section 5A-2, I'd like to include the word "existence." Section 4, I would like to add the language... Mr. Odio: Boston Program. Mr. Surana: Yeah, Boston Program. OK. Which will give authority to the Manager to negotiate all the contracts. Commissioner Plummer: Except those as corrections to the... Mr. Surana: Commissioners. Commissioner Plummer: ... to the resolution. Mr. Surana: Right. Commissioner Plummer: Call the roll. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-285 A RESOLUTION ESTABLISHING A TAX-EXEMPT PROPERTY STEERING COMMITTEE OF THE CITY OF MIAMI, FLORIDA (THE "COMMITTEE"), THEREBY PROVIDING FOR: (1) PURPOSE AND RESPONSIBILITY, (2) MEMBERSHIP AND TERMS OF OFFICE, (3) IMPLEMENTATION OF A PAYMENT -IN -LIEU OF TAXES ("PILOT") PROGRAM, AND (4) ADMINISTRATIVE SUPPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE PILOT AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; DIRECTING THE CITY MANAGER TO PREPARE A RESOLUTION FOR APPOINTMENTS TO SAID COMMITTEE; 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 Alonso, the resolution was passed and adopted by the following vote: EK 71 May 13, 1993 s AYESi Commissioner Miriam Aloft$0 Commissioner Miller J. Dawkins Commissioner J. L. Plummmer, Jr. Vice Mayor Victor be Yurre Mayor Xavier L. Suarez NOES: None. ASSENT: None. Mr. Joel Maxwell: I'm sorry, back on 10, do you want to appoint? Commissioner Plummer: No, Mr. Maxwell: If you want to do that now, you can do it; appoint members to it. Oh, you want to wait till next meeting? Mayor Suarez: Yeah, I don't think we're ready for it. Commissioner Plummer% Yeah, I'll wait till next meeting. ------------------------------------------------------------------ 13. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH ELOY VAZQUEZ -- TO PROVIDE MARKETING CONSULTANT SERVICES RELATED TO PROMOTION OF BAYFRONT PARK AMPHITHEATER -- ALLOCATE FUNDS ($6,000) FROM BAYFRONT PARK MANAGEMENT TRUST OPERATING BUDGET. ---------------'--------------------------------------------------------------- Commissioner Plummer: I move item 11, which comes recommended to you by the Bayfront Park Advisory Board. Mayor Suarez: OK. Item 11, resolution authorizing the Manager to execute a professional services agreement. Commissioner Dawkins: But why 1s is... Commissioner Plummer: Eloy Vazquez for six months for promotion. Commissioner Dawkins: For what? Promotion of what? Commissioner Plummer: Promotion of the park. Commissioner Dawkins: What park? Commissioner Plummer: Bayfront Park. Commissioner Dawkins: Where is that? Commissioner Plummer: Downtown Miami. Mayor Suarez: Is that the same City the rest of us know as Miami? EK 72 May 13, 1993 tMiasioner Plumper: the Dawkins MWrial. Mayor Suare: OK. Item 1I.., Commissioner Plummer: I move it. Commissioner Dawkins: Second. Mayor Suarez: Moved seconded. Any discussion? It not, please call the roll. Commissioner Plummer: It's for a period of six months. The following resolution was introduced by Commissioner Plwnner, who moved its adoption: RESOLUTION NO. 93-286 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ELOY VAZQUEZ, FOR THE PURPOSE OF PROVIDING MARKETING CONSULTANT SERVICES RELATED TO THE PROMOTION OF THE BAYFRONT PARK AMPHITHEATER; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $6000, FROM THE BAYFRONT PARK MANAGEMENT TRUST OPERATING BUDGET, LINE ITEM NO. 209, FOR SAID SERVICES. (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 Oe Yurre NOES: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: No disrespect to my colleague, I vote no on item 11. Commissioner Plummer: You voted "no" on 11, Mr. Mayor? Mayor Suarez: Yes, Commissioner. Right. I see that it's got the votes. EK 73 May 13, 1993 s 14, AUTHORIZE ACCEPTANCE FOR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS URBAN DEVELOPMENT (HUD) (4 EXECUTE) NECESSARY,CONTRACTS DEPARTMENT AG EEMENTS* OF HOUSING AND rririirrr.Y�rirwOr.iwrrrwrrriwwrrrriwr+wiwiwrriiwiiwrirwrrirrrwrriwr-irsrrrr�lY�iirrrrrr Commissioner Plummer: Move 12. Mayor Suarez: Item 129 City Manager... Commissioner Dawkins: You moved 12, J. L.? Commissioner Plummer: I moved 12, yeah. Commissioner Dawkins: Second. Mayor Suarez: Loved and seconded. Any discussion on 12? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-287 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ACCEPT A HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT IN THE AMOUNT OF $4,697,000 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR IMPLEMENTATION OF SAID PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE SAID FUNDS AND TO ENTER INTO AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AGENCIES FOR THE PROVISION OF SERVICES TO PERSONS WITH AIDS, SUBJECT TO CITY COMMISSION APPROVAL AND APPLICABLE CITY CODE PROVISIONS. (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: EK 74 May 13, 1993 .„3 AYES: Commissioner Miriaml Alonso Commissioner Miller J. bawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. r rLY.rrr.ri---i�lYrir----------------r-r----------- ..----------------------rr.rrrr 16. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE CITY MANAGER TO TAKE NECESSARY ACTIONS TO EFFECT TOTAL OR PARTIAL REFUNDING OF: (a) OUTSTANDING PORTION OF THE CITY'S $10,0009000 GENERAL OBLIGATION BONDS (DATED AUGUST 1, 1987); (b) $18,400,000 GENERAL OBLIGATION BONDS (DATED NOVEMBER 1, 1988); AND (c) $10,000,000 GENERAL OBLIGATION BONDS, SERIES 1991 (DATED JULY Is 1991). (See label 17) ---------------------------------- ------------------------------------------- Mayor Suarez: Item 13. Commissioner Plummer: Thirteen. Who is the... Commissioner Alonso: This will save 1,000,000? Mr. Cesar Odio (City Manager): This is - gives us permission to - the market is getting lower and lower - to go in... Mayor Suarez: The Commissioner asked if you estimate that it would save about $190004000? Mr. Odio: It would save approximately, over a million dollars, yes. Mayor Suarez: If the market conditions hold? Mr. Odio: Based on the market conditions. Mayor Suarez: All right. Commissioner Plummer: Who's the underwriter? Commissioner Alonso: And it will not extend the life of the original bond, right? Mr. Odio: The resolution will appoint a team composed of the firm of the First Boston Corporation, First Equity Corporation of Florida, Athemis Capital Group, Incorporated, Pryor, McClendon, Counts and Company, Inc., and Samuel A. Ramirez and Company, Inc. Commissioner Plummer: Who is the bond counsel? Mr. Odio: It's based on the rotating list. EK 75 May 13, 1993 Commissioner Plummer: Who is bond Counsel? Mr. Odio: who is the bond counsel on that? I don't know. I have to find that for you. Commissioner Alonso: Mr. Manager, will this extend the life of the band? Mr. Odio: No. Commissioner Alonso: Or not? Mr. Odio: No. All we're doing is just refinancing the... Commissioner Plummer, You're saying that the underwriters, Mr. Manager, are on the rotation list? Mr. Odio: Yes, sir. Commissioner Plummer: And do we have a negotiated fee as to what they will charge? Mr. Odio: I need to get that info for you. Commissioner Plummer: I move that this be deferred until the afternoon. Mr. Odio: Yeah, would you please. Commissioner Dawkins: You do what? Commissioner Plummer: Move it. They don't have the answers and the parties are not here. Commissioner Dawkins: So you move it? Commissioner Plummer: I asked that It be moved and deferred until I can get answers. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded to defer. Would you consider tabling the item for the moment, Commissioner? Commissioner Plummer: That's fine. I was just going to do it till the afternoon. Mayor Suarez: All right. So motion to... Commissioner Dawkins: Table it till this afternoon. Mayor Suarez: ... to defer is withdrawn and the item is tabled. Commissioner Plummer: That's fine. [AT THIS POINT, THE ITEM IS TABLED.] EK 76 May 13, 1993 F W W.�tiYNLiYYiiiYYi'iiiYiiGiiiiii Wi W il'iifii iY7iiiiii�iiY—iiY4iiYii`iiD i(�iiiiii�nbi iiiirwffifriiYiYiiiLyiii`il�l► 16. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BIDS OF FIVE SUPPLIERS FOR FURNISHING CERTAIN STOCK AND NON STOCK OFFICE SUPPLY ITEMS TO GSA AND SOLID BASTE DEPARTMENT, PROCUREMENT MANAGEMENT DIVISION / CENTRAL STORES -- PREPARE NECESSARY DOCUMENTS FOR ISSUANCE OF THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 19930 NOT TO EXCEED $306000,000. (See label 19) -------------i------------------------ --------------------------- ---------- ---- Mayor Suarez: Item 14. Commissioner Plummer: Move it. Commissioner Dawkins: Second. Mr. Mayor. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I think that although I am at odds with the Administration, I think for once, the Administration has heard this Commission up here, all five of us, because if you'll see, it says: "Accepting the bid of five suppliers; three black, one Hispanic, and one female." And before, you didn't even have any of this. So maybe our word is getting through. Commissioner Alonso: And one Miami and three Dade County, and only one nonlocal vendor, which is excellent. Mayor Suarez: Sounds like a good item to put out a press release on, Mr. Manager, Commissioner Dawkins: Yeah. Mayor Suarez: And particularly get into the hands... Commissioner Alonso: You know that we just don't do this in the City of Miami. Just the negative gets the information, because the positive very seldom is provided to the... Mayor Suarez: Isn't that a function of the Office of Public Information of the City to publicize some of these things that we do? Commissioner Alonso: Positive things that are done, and how things have changed to the positive. Mr. Odio: Yeah. In fact, well, we need to do that on Network 9, too, to explain to the public what happens with something like this. Mayor Suarez: But at least there, they're seeing it electronically. If we could get this into a press release - isn't that what OPI (Office of Public Information) should be doing? EK 77 May 13, 1993 W Mr. Odio: Yeah, they could send press releases out, but the press doesn't pick up good newt, you know. Mayor Suarezi In this case if you... Commissioner Alonso: But I read often about Cade County in the newspaper, somehow they get it published. Mr. Odio: I'd be glad to do it, but in the past, we did it. We sent out press releases after a Commission meeting. Mayor Suarez: Some of the specialized newspapers do. Miami Times, if it has great interest to the African American community, Diario Las Americas, if it has great interest to the Hispanic community. Mr. Odio: Miami Today is good. Diario will publish anything we send. But the Herald, only what he gets. Mayor Suarez: And Miami Times. Commissioner Plummer: What are you doing for the Miami Herald? Mr. Odio: Nothing. - Commissloner Alonso: Ask him for a raise for Chuck. Mr. Odio: He reports what he reports, but if we give him a press release on this... Mayor Suarez: Well, for every ten things you send in that are positive, they Publish one. So what you do is you keep sending them things, you know. Commissioner Dawkins: Send 20 things next time and we'll get two. Mayor Suarez: Right. [AT THIS POINT, THIS ITEM WAS INTERRUPTED.1 EK 78 May 13, 1993 i--i---------tl-�Y it---tliYflY--iMI-----i. Yi----tl-tl--------------------r------ 17. AUTHORIZE CITY MANAGER TO TAKE NECESSARY ACTIONS TO EFFECT TOTAL / PARTIAL REFUNDING OF: (a) OUTSTANDING PORTION OF THE CITY'S $10,000,000 GENERAL OBLIGATION BONDS (DATED AUGUST 1, 1987)1 (b) $18,4006000 GENERAL OBLIGATION BONDS (DATED NOVEMIBER It 1988); AND (c) $10,000,000 GENERAL OBLIGATION BONDS, SERIES 1991 (DATED JULY 1, 1991) -- AUTHORIZE MANAGER TO PREPARE DOCUMENTATION NECESSARY FOR ISSUANCE OF CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 19939 NOT TO EXCEED $30,000,000 -- AUTHORIZE CITY ATTORNEY TO SEEK COMPETITIVE BIDS FOR BOND COUNSEL SERVICES -- APPOINT UNDERWRITERS. (See label 15) ----------- -------------------------------------------------------------------- Commissioner Alonso: Oh, Carlos is here, Carlos is here. Mr. Carlos Garcia: I'm sorry, I was upstairs. Bond counsel still has to be selected, Commissioner. Mr. Cesar Odio (City Manager): No, the item is deferred until the afternoon. Commissioner Alonso: Well, if you can answer now... Mayor Suarez: It's up to... Commissioner Dawkins: J. L. was referring... Commissioner Plummer: Fine with me. I mean, I just ask for answers, whether you get them now or later is all right. Mr. Garcia: That's the answer, Commissioner. Commissioner Plummer: Bond counsel is? Mr. Garcia: It still has to be selected on a competitive bid basis, like the City Attorney has been doing. Commissioner Plummer: Well, that's not what he says. underwriters? Mr. Garcia: Bond counsel. Commissioner Plummer: OK. Mr. Garcia: Underwriters are all very... Mr. Odio: (Inaudible.) Mr. Garcia: Yeah. Commissioner Plummer: And is that for a negotiated fee? Bond counsel, or Mr. Garcia: The fee has to be back to you also. This is just a preliminary approval of the transaction. We'll have to come back with all the detailed information on that. . EK 79 May 139 1993 11 R E x Commissioner Plummers OK. And Who - now, how do we know - I'm assuaing then that it will be from the list of bond Counsel? A. Quinn Jones, III, Esq. (City Attorney): No. What we have, Commissioner... Commissioner Plummer: Why not? Mr. Jones: No, we don't have a list anymore. What happened, you decided that you wanted to do it on a competitive basis. What we did, we brought - we - the request... was the request for proposals...(INAUDIBLE)... firms? Unidentified Speaker: Yes. Mr. Jones: Yeah. There was a request for proposals, what? Over a year ago? Unidentified Speaker: October of last year. Mr. Jones: October of last year. We had seven firms. I think it was approximately seven firms that responded. What we've been using is basically those seven firms that were - because you asked me at that point in time whether they were qualified. We reviewed their credentials, whatever else. i Those are the seven firms that we've been sending packages to, to respond. Commissioner Plummer: Are they all seven local firms? Mr. Jones: They have local offices, yes. Commissioner Plummer: Thank you. I'll move it, Mr. Mayor. Item 9 wasn't it, or 11? Mr. Odio: Thirteen. Mayor Suarez: All right. Item 13 was moved and seconded. If not, please call the roll. Any discussion? EK 80 May 13, 1993 Lj u Y The following resolution was introduced by Commissioner Plummer, who moved its adoptions RESOLUTION NO. 93-288 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY AND APPROPRIATE ACTIONS TO EFFECT THE TOTAL OR PARTIAL REFUNDING OF THE OUTSTANDING PORTION OF THE CITY'S $10,000,000 GENERAL OBLIGATION BONDS, DATED AUGUST 1, 1987, THE $18,4009000 GENERAL OBLIGATION BONDS, DATED NOVEMBER 19 1988, AND THE $10,000,000 GENERAL OBLIGATION BONDS, SERIES 1991, DATED JULY 19, 1991; AUTHORIZING THE CITY MANAGER TO PREPARE THE DOCUMENTATION NECESSARY FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993s IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,0009000; AUTHORIZING THE CITY ATTORNEY TO SEEK COMPETITIVE BIDS FOR BOND COUNSEL SERVICES; FURTHER APPOINTING UNDERWRITERS 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. 18. APPROVE APPOINTMENT OF FINE, JACOBSON, SCHWARTZ, NASH & BLOCK AND THE MINORITY FIRM OF MANUEL ALONSO-POCH -- TO PROVIDE BOND COUNSEL SERVICES FOR REFUNDING OF CITY'S OUTSTANDING INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 19859 IN APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $ M 750,000. Mayor Suarez: Did we vote on 14, Madam City Clerk? A. Quinn Jones: Mr. Mayor, would it be proper to bring up a related item at this time? Mayor Suarez: Surely. EK 81 May 139 1993 Ll kVel Mr. Jones: ►'ve been asked - excuse me. as you know, you approved, I think it was the last noting or the meeting before the last, the - for us to go nuts the City Attorney, to solicit bids on the Bayfront park, and I've boon Informed, at least by Greenberg Traurig that time is of the essences, we've got six responses on that. Commissioner Plummer: What? Unidentified Speaker: Bayside. Commissioner Plummer: Bayside. Mr. Jones: Bayside, I'm sorry. Bayside. However, the lowest that came to - we had two firms that came in at the same price. Morgan Lewis came in at 17- 5, as did Fine Jacobson, in conjunction with Manny Alonso-Poch, at 17-5. Commissioner Dawkins: Split the work between the two of them. Mr. Jones: We can't split it. Can you? Commissioner Plummer: Now much are you talking about? Are you talking about a lot of money or peanuts? Mr. Jones: $17,500. Vice Mayor De Yurre: So what do you need for... Mr. Jones: I think the highest was like 27. Vice Mayor De Yurre: Is that an item on the agenda today, or are you just bringing this up? Mr. Jones: Nov I was just bringing it up since I was asked to because - if they want to take advantage of the interest rates? Vice Mayor De Yurre: And can we address that legally today, right now, and award it? Mr. Jones: Yeah, you can. Vice Mayor De Yurre: OK. And you say they're both at 17-5? Mr. Jones: Yeah, they're both at 17-5. Vice Mayor De Yurre: So you just need a motion from this Commission... Mr. Jones: As to which firm you want. Vice Mayor De Yurre: As to which one? �. Mr. Jones: Yes. Vice Mayor De Yurre: That's my motion. I move that we give it to Fine Jacobson and Alonso-Poch. EK 82 May 13, 1993 :. lw ' n NM f- 4, Mayor Suarez: So moved. Commissioner Plummer: Well o we don't - how can we ask for a recomenfation when they're both in At the $601 Mr. Jones: They both - both of the firms are qualified. ` Vice Mayor De Yurre: Manuel Alonso. They're both qualified, but at least I know this. I know the quality of work that this group does. Commissioner Dawkins: I don't know the work of none of them. I second it so we can go to the next item. Commissioner Alonso: But if the motion is to... Commissioner Plummer: To Fine. Fine Jacobson. Vice Mayor De Yurre: Call the roll. Commissioner Dawkins: Any further discussions? Mayor Suarez: Any further discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-289 A RESOLUTION APPROVING THE APPOINTMENT OF THE LAW FIRM OF FINE, JACOBSON, SCHWARTZ, NASH i BLOCK AND THE MINORITY FIRM OF MANUEL ALONSO-POCH TO PROVIDE BOND COUNSEL SERVICES FOR THE REFUNDING OF THE CITY'S OUTSTANDING INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $16975090009 WITH FUNDS FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED $17,500, PLUS .EXPENSES OF $590009 BEING ALLOCATED FROM THE PROCEEDS OF SUCH REFUNDING. (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: Commissioner Miriam Alonso ABSENT: None. EK 83 May 13, 1993 J i Y�liii►YiGiiiii�lYi�iisiii �7lf il�iffl/YiiiJiGieb ibidbiYYul4fYYYYYi(Y11Ytaii—iiiwii.ra`4iii—i�li�i�Y �irii iY+-trMiii(Yiiiii� 19. Continued discussion) ACCEPT BIDS OF FIVE SUPPLIERS FOR FURNISHING PERTAIN STOCK AND NON STOCK OFFICE SUPPLY ITEMS TO GSA AND SOLID WASTE DEPARTMENT, PROCUREMENT MANAGEMENT DIVISION / CENTRAL STORES. (See label 16) ------ ft--------------i--------------i------------- ------------i-------------W Mayor Suarez: What is the item that we're actually on? Did we ever vote on 14, Madam City Clerk? Commissioner Dawkins: Fourteen. Ms. Matty Hirai (City Clerk): We need to vote on 14, Mr. Mayor. Mr. Odio: It's 15, Mr. Mayor. Mayor Suarez: OK. We have a motion and a second before us? Commissioner Dawkins: Yes. Commissioner Plummer: Yes. Ms. Hirai: Yes, Mr. Mayor. Mayor Suarez: Call the roll on 14, please. The following resolution was Introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-290 A RESOLUTION ACCEPTING THE BIDS OF FIVE (5) SUPPLIERS, AS SPECIFIED HEREIN, FOR THE FURNISHING OF CERTAIN STOCK AND NON STOCK OFFICE SUPPLY ITEMS, AS NEEDED, ON A CONTRACT BASIS FOR ONE (1) YEAR TO THE GENERAL SERVICES ADMINISTRATION AND SOLID WASTE DEPARTMENT, PROCUREMENT MANAGEMENT DIVISION/CENTRAL STORES AT A TOTAL PROPOSED COST OF $►192,292.00; ALLOCATING FUNDS THEREFOR FROM THE 1992-93 INTERNAL SERVICE FUND - CENTRAL STORES ACCOUNT NO. 420801-700; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: EK 84 May 139 1993 P S� S3;.v✓.� AYES: CoMissioner Miriam Alonzo Ct issioner Miller J. Dawkins Commissioner J, L, Plummer, Jr. Vice Mayor Victor be Yurre Mayor Xavier L, Suarez NOES: None. ABSENT: None. 20. AUTHORIZE CONTRIBUTION IN SUPPORT OF THE SAMARITAN SALT FACTORY -- ALLOCATE FUNDS ($209000) FROM LAW ENFORCEMENT TRUST FUND, Mayor Suarez: Item 15. And this has been coming back and forth to us. I gather we're satisfied on all the "T's" being crossed and "I's" being dotted. And Commissioner Plummer, in particular, are you satisfied? We can then entertain a motion on the item. J. L., do you want to move it, since you've expressed the most concerns about it? Moved by the Vice Mayor. Commissioner Alonso: Second. Mayor Suarez: Seconded by Commissioner Alonso, and Plummer, obviously, is going to vote favorably. He's... Commissioner Alonso: You don't have any comments, Commissioner? Commissioner Plummer: Madam Commissioner, my comments remain the same. I think that we're getting a proliferation of administration costs that are eating up the money which should be going to the recipients. This one here, I think, takes care of what, Joe; seven or eight people? Lt. Longueira: I believe it's ten, sir. Commissioner Plummer: Ten people, yeah. And it's just getting to the point, somewhere along the line, this City can't be all things to all people, and I..« Commissioner Dawkins: Are you saying, J. L., that the $200000, it goes to pay salaries to seven people? Commissioner Plummer: I'm saying that there's administrative costs... Commissioner Dawkins: No, 1n this, 1n this. In this item here... Commissioner Plummer: Yeah. Commissioner Dawkins: ... is it correct for me to say that the $20,000 does not go to service to the client; it goes to people who service the clients? Commissioner Planner: They'd have to answer that, Miller. EK 85 May 13, 1993 r- oil ,.+ YffY�t7l Commissioner Dftkinss Somebody, Please - Commissioner Alonsos Yes. Commissioner Plummer: I mean, as you know, in most of these cases, there's administrative costs, there's overhead cost, and it has to tome from somewhere. Lt. Longueira: Sir, I have been advised that this money is for general operating expenses, renovation of property, lease, electric, utilities, those types of things. Commissioner Dawkins: The renovations to the property will make what happen? Make you be able to serve... Commissioner Plummer: To a better property. Commissioner Dawkins: ... make you be able to serve ten more clients, five more clients, no more clients? Commissioner Alonso: Could they answer that? Commissioner Plummer: As I recall in this particular case it... Lt. Longueira: It will raise... Commissioner Plummer: ... there was no guarantee that all their clients were of the City of Miami limits. Lt. Longueira: No, 1t will be ten clients, at the max. You have one more apartment... Commissioner Alonso: City of Miami? Lt. Longueira: ... to renovate, he says, and they'll be serving ten clients. Commissioner Plummer: Are all ten clients City of Miami residents? Commissioner Alonso: City of Miami? Mr. Hoffman: Well three of them - well, all of them are City - it's hard to say, to answer that question, because most of these people that are in there are from a homeless background, so, you know, so, you know, where do you start saying they're City of Miami residents? They're going to be living in the City of Miami. Mr. Odio: Mr. Cesar Odio (City Manager): Believe me, we got them. Mr. Hoffman: This evening, we've got one coming into the program from under 395 that completed a rehab program. Tomorrow we got one that completed the Spectrum program. At the end of the month, we got two more. If you didn'.t have a program like this, we just heard about 15 minutes ago, what are we going to do about crime in the City of Miami? Well, here's one program that EK 86 May 130 1993 • does just a little bit; not a whop bunch over the whole picture. But if thess tour fellows that arecoming in here in the next few weeks didn't have this place to go into, they'd be back under 395, under there buying drugs, selling drugs, perpetrating crime against the City of Miami... Commissioner Dawkins: What will you be back asking for... Mr. Hoffman: ..# and we're relieving just a little bit of a burden on the City of Miami Police Department. Once again, it's a very small amount, but we're just asking for this contribution to help us in our operating expenses. Commissioner Dawkins: Who moved it? Commissioner Alonso: How much is your total budget? Because this has come so many times, I just don't... Mr. Hoffman: Well, the total budget is $54,O00 complete. That includes $26,000 in proposed salaries, 1f we get enough donations from private sources. If we don't, there will be no salaries paid. Commissioner Dawkins: OK. And who moved it? Was it moved and seconded? Ms. Matty Hirai (City Clerk): Vice Mayor De Yurre. Mayor Suarez: Vice Mayor moved it and Commissioner Alonso seconded. Commissioner Dawkins: Call the roll. Mayor Suarez: Call the roll then. I'm sorry, Commissioner Alonso. Commissioner Dawkins: I'm sorry, Commissioner Alonso. Commissioner Alonso: To tell you the truth, the first time it came, I was very supportive of the program. Now, I have tremendous doubts. And when I see that they only have this kind of budget, are you confident that with this minimal amount they will be able to provide what you expect them to - or to serve ten people? Lt. Longueira: Commissioner, at one time, you asked Frank Castaneda from Community Development to have his people look at it. Commissioner Alonso: Yes. Lt. Longueira: They went up there. They looked at it, they wrote a favorable report. They said they could provide the services. Commissioner Alonso: Yes. Lt. Longueira: And they said that it complied. Mr. Odio: Commissioner, and also, it does something that will help us in the long run. When people are talking about one huge center to treat people, the more of these you have, and scatter to be providers, it might scatter the problem, too. EK 87 May 13, 1993 Mayor Suarez: All right, Call the roll on the item, please. The following resolution was introduced by Commissioner Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-291 A RESOLUTION AUTHORIZING A CONTRIBUTION IN SUPPORT OF THE SAMARITAN SALT FACTORY, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $2090009 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (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. ------------------------ -rr-r--r------- w-r-----rr-------rr--r-w-rrr----------- 21. AUTHORIZE FUNDING OF THE EFFICACY INSTITUTE, INC. -- ALLOCATE FUNDS ($259000) FROM LAW ENFORCEMENT TRUST FUND. --- ---------------- ------------- ----------------------- -------- ---- ------ Mayor Suarez: Item 16, Efficacy Institute, recommended for $25,000 LETF (Law Enforcement Trust Fund). Any discussion on the item? If not, I'll entertain a motion on it. Moved. Commissioner Alonso: I'll second. Mayor Suarez: Seconded. Call the roll, please. EK Be May 13, 1993 Fr The folloowing resolution was introduced by Vice Mayor be Yurre, who Mved its adoptiont RESOLUTION NO. 93-292 A RESOLUTION AUTHORIZING THE FUNDING OF THE EFFICACY INSTITUTED INC., AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (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. --------------------------------------- - 22. AUTHORIZE CONTRIBUTION TO THE YOUTH OF AMERICA ROLE MODELS ACTIVITIES TRIP (SPONSORED THROUGH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION) -- ALLOCATE FUNDS ($49250) FROM LAW ENFORCEMENT TRUST FUND. Mayor Suarez: Item 17. Commissioner Alonso: Move it. Commissioner Dawkins: Second. Mayor Suarez: Youth of America, moved and seconded. Any discussion? If not, please call the roll EK 89 May 13, 1993 The following resolution was introduced by Commissioner Alonso, who moved its adoptions RESOLUTION NO. 93-293 A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE YOUTH OF AMERICA ROLE MODELS ACTIVITIES TRIP, SPONSORED THROUGH THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, AND ALLOCATING FUNDS THEREFOR IN THE AMOUNT OF $4,250 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (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 Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ----------------------------------------------------------------------------- 23. AUTHORIZE FUNDING OF THE METRO-MIAMI ACTION PLAN KINGIAN NON -VIOLENCE WORKSHOP -- ALLOCATE FUNDS ($17,550) FROM LAW ENFORCEMENT TRUST FUND. ------------------------------------------------------------------------------ Mayor Suarez: Item 18. Commissioner Alonso: Move 1t. Mayor Suarez: MMAP (Metro -Miami Action Plan) Kingian Non -Violence Workshop. Moved and seconded. Any further discussion? If not, please call the roll. EK 90 May 13, 1993 • f The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-294 A RESOLUTION AUTHORIZING THE FUNDING OF THE METRO- - MIAMI ACTION PLAN KINGIAN NON -VIOLENCE WORKSHOP, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $17,i550, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA STATUTES. (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 Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. - - - - - - -------- 24. AUTHORIZE FUNDING OF THE GUARDIAN AD LITEM PROGRAM -- ALLOCATE FUNDS ($180000) FROM LAW ENFORCEMENT TRUST FUND. ---------------------------------- ---------------------------------------- Mayor Suarez: Mr. Manager, once again, on these, would you have the OPI (Office of Public Information) send out a press release? I think some of these are very significant. All right. Item 19 has been moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Guardian ad Litem Program. Juveniles that need to be placed under a guardian. Mr. Cesar Odio (City Manager): This is for abused children. Commissioner Alonso: Yes. Commissioner Dawkins: It's been moved and seconded? Commissioner Alonso: Yes. Commissioner Dawkins: OK. EK 91 May 13, 1993 a----------------------- b� Y 9 Mayor Suare>t: Cali the roil on the item. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-295 A RESOLUTION AUTHORIZING THE FUNDING OF THE GUARDIAN AD LITEM PROGRAM AND ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $18,0001, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA STATUTES. (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 Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: Yes, Lieutenant... Commissioner Dawkins: Weil do this and we'll move 20. Mayor Suarez: If I may, for a second. Commissioner Dawkins: I'm sorry, Mr. Mayor. Mayor Suarez: There's a recommendation trying to do something with the Guardian ad Litem 1n relation to Nova Law School. Would you try to get the information for may office and see if there's anything that we can connect up with, Major - Chief. Commissioner Dawkins: Is that on 20? Mayor Suarez: On 19. Just a suggestion, because it seems like a worthwhile thing. It has to do with a particular individual, and the fact that he used to go to law school. That's where it all comes from. I've never seen the funds used in that manner, for trying to promote the Guardian ad Litem Program, but who knows. Maybe it's worth considering. EK 92 May 13, 1993 16 i...�lYiiiGflH.i.tYlYiYiiii�iifiiD'iWrYY►1YiIGi�Wi�7uiiii+9�GiMf+iYitl�ii+f+YliiT.iii�iiiii�iiYi"iYilei www.lir(i/iiiiiriYi`G YifiiiGiilifi�TiYr�aD�ii 95. AUTHORIZE PURCHASE OF 19275 LAW ENFORCEMENT HANDBOOKS FROM METRO DADE COUNTY POLICE DEPARTMENT -- ALLOCATE FUNDS ($10,858). .y.,, . _ _ �....��.. ..W _ rr—rrrrwr.rrr�rrri'�rrYirrr—rrrrriYiYrilYrrririrww+Yri�rrrrrrrr��Y�rrr—�rrrrwrW�YildUi�tYr�Ifn��Y Mayor Suarez: item 20. Commissioner Dawkins: We do it every year. Commissioner Alonso: It's been moved and seconded? Mayor Suarez: Moved and seconded. Thank you. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-296 A RESOLUTION AUTHORIZING THE PURCHASE OF 19275 LAW ENFORCEMENT HANDBOOKS FROM METRO DADE COUNTY POLICE DEPARTMENT AT A TOTAL PROPOSED AMOUNT OF $10,838.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-760; 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 Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Mister J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. EK 93 May 13, 1993 20. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF INTERCONTINENTAL LEASING, INC. (dlb/a INTERCONTINENTAL RENT -A -CAR) IN CONNECTION WITH BIDS FOR FURNISHING AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS. w------ -------.0-- ---------"rrrWr--------------iii�s`b Yi�irii—i►iYiiY Mayor Suarez: Item 21-A. Commissioner Dawkins: Move it. Mayor Suarez: Moved. Do we have a second? Commissioner Alonso: Seconded. If there's not further discussion - yes, sir. Mayor Suarez: Yes, seconded. Mr. Dean Morton: My name is Dean Morton, and I represent Intercontinental Rent -a -Car. 1400 Northwest LeJeune. Looking at the resolutions this morning, the bid was awarded to Royal Rent -a -Car. There are some points that I'd like to bring out that I think everyone should be aware of, is that the initial bid, the cost is - this is in 21-8 - says it's at $5379845. The bid was sent out for 90 to 100 cars, which at 90 cars, it would have been, at the awarded big, $6289000. And that's quite a spread between what's allotted in the amount for the proposed resolution here. Mow, if it's at 100 cars, as also indicated in the bid, it would be at $698,000, which is even more of a spread, which is listed as what your budget is. Our bid... Mayor Suarez: What was that? I'm sorry, go ahead. Commissioner Alonso: Six -ninety-eight. Mr. Morton: The bid which was awarded at $635 per month, at 100 cars would cane out to... Mayor Suarez: Per month, per car? Mr. Morton: Per month, per car, for eleven months, as indicated here, would come out to $698,000. Our bid, which one of the reasons at the initial meeting said we were not responsive because we didn't - we included a mileage fee on our bid. However, we were nonresponsive. The City wanted an unlimited mileage, which in that case, they should not have included a little blank that said a mileage fee. Our rate... Mayor Suarez: Why did we include a little blank if we're saying it's going to be unlimited mileage for miles? Commissioner Alonso: That's right. Mayor Suarez: That sounds confusing. Mr. Morton: It was very confusing. EK 94 May 13, 1993 LJ qr} Mayor Suarez: Now, was that not clarified in the meetings that you had? I'm sure you talked to them about it, right? Mr. Morton: No, we had - there were no meetings. Now... Mayor Suarez: Was there a blank - excuse me. Excuse me, sir, so we can clarify that. Was there a blank included that gave the impression that you were supposed to charge on a per mile basis, even though the bid itself said there was supposed to be unlimited mileage? Lt. Joseph Longueira: There is a blank that shows a mileage charge. They're the first vendor I've ever seen that has done that, that has given a... Mayor Suarez: I guess it was otherwise explained that that - which is not applicable. What we're using some kind of form that contains that; is that the problem? Mr. Ron Williams (Assistant City Manager): Yeah. Mr. Mayor, it's really called an excess mileage line, and it's basically an optional item. Most vendors, as you well know, do not charge for an additional mileage at this point. However, it's there if you have an additional mileage charge or an excess mileage charge... Mayor Suarez: Beyond what... Commissioner Alonso: But you wanted unlimited mileage. Mr. Morton: Right. I think 1t created a little smoke. Commissioner Alonso: I agree. Mr. Morton: I would like to bring out the fact that Option A and Option B, we put a rate in as Option B to both include Option A and Option B. which our rate is lower, considering both rates. Now, I also asked for information after the last Commission meeting where we initiated a protest, I sent a letter a Judy Carter, relative to backup so that I could further analyze the whole costing process that the City would have done. And I asked for some of the statistics, and the number of monthly rentals, the number of weekly rentals, the number of days on daily rentals, the average number of miles driven on a daily basis, monthly and weekly basis, and the number of accidents in 190, 191, 192 and 193 for this lease. I was quickly responded to by the Risk Management Office that in 1990, there were 43 accidents for this bid; 1991, there were 35 accidents for this bid; and in 1992, there were 99 accidents in this bid. Since the bid has been on a temporary basis, I didn't take those numbers into consideration. But that gives an average of 59 accidents per year for the last three years. Calculating the $250 deductible that the City has had on the "B" portion of it, and the "A" portion, our option was at $100. The figures come out - our monthly rate was at 599, and Royal Rent -a -Car was at 635. That's 635, taking 90 vehicles for the eleven months, would have been 628.650. Ours would have been 593,000. And if you add the difference between the 150 deductible net, between the 100 and 250, our figure comes out just 673 - excuse me - 658 - 668, excuse me. And that's based on 100 cars. And theirs would have been 698. So there is a spread of $30,000. EK 95 May 13, 1993 Commissioner Plummer: How many cars are we talking about, Joe" Lt, Longueira: Ninety cars. Seventy-seven cars. Commnissioner Plummer: Why - let me ask this white he's trying to figure it out. Why do we need 77 cars when every day, I drive by the police station, I see" beaucoup" number of cars sitting under there doing nothing? Lt, Longueira: Sir, those are marked cars. These are unmarked rental cars that undercover... Commissioner Plummer: But why do you mark them? Why don't you leave them unmarked? Mr. Cesar Odio (City Manager): This 1s spy work. Vice Mayor De Yurre: How many do you see there, J. L., on a daily basis? Commissioner Plummer: Huh? Vice Mayor De Yurre: How many do you see there on a daily basis, parked? Commissioner Plummer: Anywhere from 50 to 200. Mr. Cesar Odio: No, but this is spy work. Lt. Longueira: I wish there were up to 200 sitting there. Mr. Odio: Oh, no. I wish there were. Commissioner Plummer: Plus the 114 in the motor pool that are wrecked. Mr. Odio: Not anymore. No, no, no, no. That has changed completely. Commissioner Plummer: You know, for the life of me - and that's "A." The "B" portion, to me, Is, I can't envision knowing how rental car companies are a dog eat dog kind of company, we only get two bids. For a half a million dollars worth of business... Lt. Longueira: This time we got three bids. You asked us to rebid it and we got three bids this time. Mr. Odio: We had three, but you know what I think it is? You know what I think it is? Because they are wrecked. They use them for two days and when they're turned in in bad shape, some people don't want their cars to be treated that way. And, you know, they have to have - you change cars every time they're on a different assignment, they go and turn the car 1n and get another one. Commissioner Plummer: I don't know. Mr. Odio: It's special conditions here. treated that way. I wouldn't want my cars to be EK 96 May 13, 1993 Commissioner Plum r: Yeah, but Mr. Manager, what I'm saying to you, a hall' a million dollars... s, Mr. Odio: I know, but... '! Commissioner Plummer: ,.. worth of business. Mr. Odio: Talking to one of the vendors once, he told me, "You should see 4 these cars when they come in. You know, maybe I don't make any money on this deal." Commissioner Plummer: Well maybe then the Manager needs to talk and find out what you can do to correct that situation, OK? I mean, you know, I mean, this is crazy. It's really crazy to me. Mr. Odio: This is his spy work. I mean, I'm not a spy. They have to change cars every other day because they're following somebody. Commissioner Plummer: Well, let's not go into that subject. This isn't all for spies, all right? Mr. Odio: It's all for spies? Commissioner Plummer: No, they're not all spies. Mr. Odio: 'Well, detectives. - Lt. Longueira: It's not all undercover. There are plain clothes units that are not spies. Commissioner Plummer: You don't want to touch that issue, Mr. Manager. Vice Mayor De Yurre: I want to move this item. Commissioner Plummer: Move it what? Vice Mayor De Yurre: Move the, you know, approving the... (INAUDIBLE COMMENT) Vice Mayor De Yurre: OK, well, let's go. Mayor Suarez: This is a motion to reject the protest on 21-A. Vice Mayor De Yurre: Yeah. Mayor Suarez: So moved. Commissioner Alonso: It's been Camino back and forth. Commissioner Plummer: It's about the fifth time. I don't see where we've got any choice, I really don't. EK 97 May 13, 1993 Vice Mayor De Yurre: 'then quit talking. Commissioner Plummer: I haven't heard anything in the presentation here today that says that their decision wasn't proper. I'll second the motion. Vice Mayor be Yurre: Well, let's do it. Mayor Suarez: Call the roll. Vice Mayor De Yurre: It's been thirded and fourthed. Mayor Suarez: 21-A. Commissioner Plummer: Maybe. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-297 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF INTERCONTINENTAL LEASING, INC., D/B/A INTERCONTINENTAL RENT A CAR ("INTERCONTINENTAL"), IN CONNECTION WITH BIDS FOR THE FURNISHING OF AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. (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. Mayor Suarez: In the future, 1f there is no option of excess mileage, don't include any tine or any reference to that. Commissioner Alonso: They do create problems with things like this. Mayor Suarez: I mean, I Just hope we're not challenged on. Ail right. Commissioner Alonso: I imagine it was explained. EK 98 May 139 1993 • i--ii�isrfsisls-i�iiiAtiiiGiY7fiiiilliiGiYilWiiiiiii7.i►flNt1►:iii�M�WidsY�i-G�rGi�►ii�ii�iYi! i�iiaLi�biiriLiGiYiiifrQ+i 27. ACCEPT BID: ROYAL RENT -A -CAR -- FOR FURNISHING AUTOMOBILE RENTAL SERVICE (ON A CONTRACT BASIS) FOR DEPARTMENT OF POLICE -- ALLOCATE FUNDS ($537,845) -- EXTEND CONTRACT. Kl----------- i--Y----------------------------------------.--------.-----+i-------- Mayor Suarez: Then, item 21-8 accepts the bid. Vice Mayor De Yurre: Move it. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. I presume the people who are here on their behalf don't want to be heard on the item since it seems to be moving forward. Call the roll then. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-298 A RESOLUTION ACCEPTING THE BID OF ROYAL RENT -A -CAR FOR THE FURNISHING OF AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS FOR A PERIOD OF ELEVEN MONTHS WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED INITIAL COST OF $537,845.00; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, ACCOUNT NOS. 290981-610 290959-610 ($273940) 0 2s90992 610 2 0933-610 ($27,940);( FURTHER ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 133001, ACCOUNT NO. 290448-610 ($55,880), SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE 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.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: EK 99 May 13, 1993 AYES: Comissioner Miriam Alonso Commissioner Millar J. Dawkins Commissioner J. L. PlWMr, Jr. Vice Mayor Victor be Yurre Mayor Xavier L► Suarez NOES: None. ABSENT: None. ------------------- ------- ------------------------------ m-------------�rir r�rrw. �rw 28. FUND LIBERTY CITY OPTIMIST CLUB, DRUG AWARENESS PROGRAM -- ALLOCATE FUNDS ($39,500) FROM LAW ENFORCEMENT TRUST FUND. ------------------------------ ------------------------------------------- Mayor Suarez: Item 22. Vice Mayor De Yurre: Second. Mayor Suarez: Liberty City Optimist Club. Commissioner Alonso: Move it. Mayor Suarez: Moved. Vice Mayor De Yurre: Second. Mayor Suarez: Seconded by Vice Mayor. Call the roil. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-299 A RESOLUTION AUTHORIZING THE FUNDING OF THE LIBERTY CITY OPTIMIST CLUB, DRUG AWARENESS PROGRAM, AND ALLOCATING FUNDS THEREFOR IN THE AMOUNT OF $39,500 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA STATUTES. (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: EK 100 May 13, 1993 WIN AYESi CofBmi ssi oner Miriam Al onso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. rr---r----rim-r--r-------r- -------- --------r�rrrrrrr lrr - 29. ACCEPT BID: TRIAD CANINE TRAINING, INC. -- FOR FURNISHING A BELGIUM MANUIOS POLICE DOG TO POLICE DEPARTMENT -- ALLOCATE FUNDS ($6,250) FROM LAW ENFORCEMENT TRUST FUND. ------ r.--"----rr------------r-r---------------r-----r-------------------------" Mayor Suarez: Item 23. Accepting... Commissioner Plummer: I got to tell you, I got a problem with this. Mr. Cesar Odio (City Manager): These dogs talk, I'm telling you. Commissioner Plummer: They talk? Mr. Odio: They talk. Commissioner Plwmmer: These dogs talk. Mr. Odio: I asked that question. CommlSSioner Plummer: Let me tell you something. Lt. Longueira: Commissioner, can I explain this item. Commissioner Plummer: For this amount of money, these dogs ought to have one - hell of a vocabulary. Mr. Odio: They talk, I'm telling you, but I was also - I asked the question { if they talk... I - Commissioner Plummer: Why do we need a dog that talks? Mr. Odio: We11, let me tell you why. If you don't buy a talking dog, then you have to train them in house, and by the time you put the police officers that you want out on the streets to do that, they cost you much, much more. Commissioner Alonso: They are house broken? Mr. Odio: So we better buy them already trained. Commissioner Dawkins: Why would it have to be a Belgian - whatever it is? EK 101 May 13, 1993 Mr. Odio: They sniff better. Comissioner Dawkins: They speak better English? Mr. Odio; They sniff by English. Commissioner Plummer: $6200 for a dog. Mr. Odio: I asked the question, I really did. Commissioner Dawkins: You know, now, you came up... Commissioner Plummer: For one dog. Lt. Longueira: Commissioner, it I could... Commissioner Dawkins: No, no, no. Wait. Commissioner Alonso: I guess because the local ones were misbehaving when they took them to houses around. Mr. Odio: They didn't speak English. Commissioner Plummer: I don't believe this. Commissioner Dawkins: You came here before and what did we buy the last time? Mr. Odio: about two... Commissioner Dawkins: No, no, no. The dog that we bought... Commissioner PIummmer: You know, when we started this program out... Lt. Longueira: Right. Last time we asked for permission to buy this dog. This is accepting the bid. But let me tell you, we have cane other... Commissioner Dawkins: Wait now. Whoa, whoa, whoa now. Back up. Commissioner Plummer: That was $12,000 for three dogs. Lt. Longueira: Right. Let me explain. Commissioner Plummer: Now, this is for one dog. Lt. Longueira: OK, let me explain. We have come to the... Commissioner Plummer: This one only speaks English, and we're in a bilingual city. Lt. Longueira: Commissioner, we have come here and asked to buy... Commissioner Plummer: I don't believe this. EK 102 May 13. 1993 11 Lt. Longueirat Commmissioner$ we have come here and asked to buy untrained dogs at a cost of $3500 each. When we buy a dog like thato we have to take a trainer off the street, plus another officer to work for 12 weeks with those dogs. Mr. Odio: Sees that's why I left this item... Lt. Lon ueira: The cost of those salaries and the cost of the dog comes out to $110800. By buying the dog for $250, and have two weeks of training with an officer that's already a K-9, we're saving money. Commissioner Dawkins: OK, let me ask you a question now. Commissioner Alonso: Fine. But next time, get local... Commissioner Dawkins: Let me see now. You're saving me money, and let me ask you a question. The dog is trained where, and by whom? Mr. Odio: The factory - I mean by... Commissioner Plummer: The factory? Commissioner Dawkins: The dog is trained... Lt. Longueira: Huh? Commissioner Dawkins: The dog is trained where? Lt. Longueira: By Triad, by Triad K-9 Training, the vendor that we're buying it from. Commissioner Dawkins: OK, they train him. Lt. Longueira: And then we send our officer to them for two weeks, and he trains with the dog. Commissioner Plummer: And where are they? Commissioner Dawkins: OK. Now, you answered my - now, that's the first part of my question, OK? Now, this dog is trained by somebody else and given to an officer. Why don't we have a permanent training officer who can train dogs that we buy for whatever you buy... Commissioner Plummer: We do. Commissioner Dawkins: Well, then, what - why - who said that? Commissioner Plummer: I did. Commissioner Dawkins: Well, why, you know, if the dog is trained by a stranger, and given to a policeman, why can't the City of Miami have a trainer who can train the dogs that we buy whose only duty is to train? It does not have to be a sworn officer. It could be anybody to train the dog, and I'm r sure that you could train dogs and get a better deal than this, Joe.= EK 103 May 139 1993 Lt, Longueir&! Not for $6260. An officer to train the dog, you pull him off 41 f the street to do that training for... Commissioner Dawkins: I didn't - see, you're like my wife. You are listening, but you are not paying attention. OK? Mr. Odio: You get a civilian, Commissioner, you are going to pay around 30,000, 20,000. Lt. Longueira: The numbers don't add up. Commissioner Plummer: You know, we had one of the most successful programs in the world, and we did it with donated dogs. Now, we've come full circle, and we're going to spend $6200 for a dog. Mr. Odio: No, but J. L., if you give me - if I give them my dog, then they're y r going to spend 12 months - 12 weeks of training with police officers to teach that animal how to talk. Lt. Longueira: We still do it the other way, Commissioner, where we have classes and train a group of dogs. In this case, we need one dog for an already experienced K-9 handler. This is a new type dog. We want to try it. Miami Beach has it, and the Secret Service uses this type dog exclusively. } ;11 Commissioner Plummer: What do smaller cities do? Mr. Odio: They don't have dogs. Commissioner Dawkins: OK. You see... Lt. Longueira: They have small dogs. Mr. Odio: Smaller cities use our dogs when they need... Commissioner Dawkins: You know, we're going to vote on this and go to lunch. But.I wouldn't have a problem with it if I did not know that you, the Miami City Police Department has eight units over there for K-9 use, and you do not have a cage in the back of them. But yet, my K-9 officers who are trained with a dog cannot get in these - and if I'm in error, you come back this afternoon and correct me. Lt. Longueira: Commissioner, I have a pocket item, so what I'm going to try and get somebody to do this afternoon, to install the cages. Commissioner Dawkins: But, you see, this should have been done before you want to buy a police dog to put in a car that does not exist. Lt. Longueira: No. We have an officer out there that needs a dog, a trained K-9 officer and needs a dog. Commissioner Dawkins: And he has a vehicle that this specially trained, highly selective dog can go into? EK 104 May 13, 1993 Commissioner Dawkins: And it's worthy of his presence? Lt. Longueira: Yes, sir. - Commissioner Dawkins: Who also was in it before him, or it? I don't know whether it's a "he" or a "she." Lt. Longueira: in that vehicle? Commissioner Dawkins: Yes. Lt. Longueira: No, it's one vehicle, one officer, and one dog. Commissioner Plummer: Is this a female dog or a male dog? Mr. Odio: In between. Commissioner Plummer: What? Lt. Longueira: Male dog. Commissioner Alonso: When they talk, are they bilingual? Mr. Odio: We don't look at sex. We are like the Army now. Commissioner Plummer: Wait a minute. Commissioner Dawkins: Move the item so we can... Commissioner Plummer: What about puppies that we can sell? Mayor Suarez: Do we have a motion and a second, Madam City Clerk? Commissioner Plummer: That's $6200. Ms. Natty Hirai (City Clerk): No, sir, we don't. Commissioner Dawkins: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second.. Mayor Suarez: Seconded. Any further discussion? roll. If not, please call the i aF The following resolution was introduced by Commissioner Dawkins, who Moved its adoption: RESOLUTION NO. 93`300 A RESOLUTION ACCEPTING THE BID OF TRIAD CANINE TRAINING, INC. FOR THE FURNISHING OF A BELGIUM MANUIOS — POLICE DOG TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $6,250.00; ALLOCATING FUNDS .' THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX CODE 290991-875, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA — STATUTES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER —. FOR THIS ACQUISITION, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: 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. Mayor Suarez: We will be back at 2:30. We are adjourned until 2:30. _ Lt. Longuelra: Commissioner, if you want to deal with that, the cages, I'll talk to you then during lunch. Mr. Odio: A pocket item to buy the cage for the... Lt. Longuelra: Yeah, I have the item to buy the cages for the cars. icy ------------------------------------------------- NOTE FOR THE RECORD: At this point, Commissioner Dawkins requests e nistration to submit (in afternoon `— session) information on total number of available police take-home cars. Commissioner Dawkins: Also, bring back this afternoon 1f you want me to do a pocket item, the number of cars that you've got for take home. We've got 39 officers that are supposed to be in a car for take home. Bring that back. EK 106 May 13, 1993 Mr. Odio: Commissioner, tat me tall your right now, they will be here, the new Can will be here - when do we get them? Lt, Longueira: They're here. We're working on swapping them out. Mr. Odio: We met with Al Cotera and with the Chief, and we're beginning to give them out. Commissioner Plummer: But these are not - wait, wait. There are not policemen living out of the City? Mr. 0dio: No. Commissioner Plummer: They've got to live 1n the City. Mr. Odio: Of course. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:05 P.M. AND RECONVENED AT 2:32 P.M., WITH ALL MEMBERS OF THE CITY COMiMISSION FOUND TO BE PRESENT. --------------- ------------ -------- ---------------- --------------------------- 30. PRESENTATION: MIDNIGHT BASKETBALL LEAGUE -- TROPHIES PRESENTED. --------- --------------------------------------------------------------------- Commissioner Dawkins: Mr. Mayor, we have a ceremonial item I'd like to do, please. Commissioner Plummer: Oh, God, another ceremonial item. Mayor Suarez: We are reconvened. Please come to order. Commissioner Dawkins. Commissioner Dawkins: Mr. Perry? Where is Mr. Perry? Commissioner Plummer: Is this a pocket item? Commissioner Dawkins: No. This 1s J. L. Plummer's retirement beneficiary. Commissioner Plummer: Bring it over here. Commissioner Dawkins: Come over here, Mr. Perry. Mr. Mayor, through the efforts of you, and this Commission, and the Miami Sports and Exhibition Authority, the Midnight Basketball League was started. We have four individuals here who participated, and I'd like for you to present these certificates to them to show them that we are behind them. Mayor Suarez: All right. I know that the finals were held recently at the Arena, and I gather we have the winning team, so if you'd come up to the dais here, we'd like to recognize you. And the first individual is Raymond - do I pronounce that "Bowleg"? OK. Roger McCullough. EK 107 May 13, 1993 Cotiim►lssionerj Dawkins: Cane on, 3oger. Mayor Suarez: Roger. Commissioner Plummer: Is that Bill Perry, the ex -director of the Sports Authority? Odalis, Odalis, come, come, Bill Perry says he wants to tell you bye-bye. Commissioner Dawkins: Odalis is going to be the director at the gate. Mayor Suarez: Derrick Darritty. OK. Jeffrey Hoskins. And Tyrone Turner is not here. Commissioner Dawkins: Wait a minute. Shake his hand. We want to get Richard shaking the Mayor's hand. Mayor Suarez: OK, Larry. Commissioner Plummer: Wait, wait, wait, whoa, whoa. Go for the gold, go for the gold. One more time for IRS. Sometimes the light works and sometimes it doesn't. Looks like a Miller Dawkins cheapy. A Miller Dawkins cheapy. Commissioner Dawkins: In order to bring the community closer together, we decided that... Commissioner Plumper: Who is "we"? Commissioner Dawkins: ... if the police department can have the Pig Bowl, then we would have the Basketball Bowl. So we decided that annually, the Midnight Basketball All-stars would play Miami's finest. So... Commissioner Plummer: Do we dare ask what they're going to play? Commissioner Dawkins: You ready, Al? Unidentified Speaker: We're ready. Ready. Commissioner Dawkins: OK. Now, the Mayor is going to present trophies to the winners, so, Mr. Mayor - where is the police department? Come on, you all. Mayor Suarez: Second Annual Midnight - Miami Midnight Basketball Allstar Game runners up. All-stars, 57; City of Miami Police, 52. You didn't do this. Commissioner Plummer: Sounds like it's rigged to me. Mr. Bill Perry: I would also like to let you all know, I think this is the third time in a row the Allstar team from the Midnight League has whipped the police department, for the record. EK 108 May 13, 1993 Comissioner Dawkins: And now, the Mayor will show the police department what they could have won* Mayor Suarez: Second Annual Midnight Basketball All-star Game Champions, May 6, 1093. All-stars, 57, City of Miami Police, 52o Commissioner Dawkins: Now, Mr. Jabali could not get off from work. His daughter is here representing him. They will take it back to her, and she will - come on up here - and she will take it to him. Now, one more thing to say, and that is, as the chairperson of the Sports Authority, we are going to call this from now on, the Xavier Suarez Cup. So each year, Suarez a trophy called the Xavier Suarez trophy will be awarded to the winners and the losers. Commissioner Plummer: Who's paying for it? Commissioner Dawkins: Huh? Commissioner Plummer: Who's paying for it? Commissioner Dawkins: J. L. Plummer's Funeral Home. Commissioner Plummer: Oh, is that what it is? Commissioner Dawkins: Mm-hmm. But I want to say to you, all of you, in the event that you guys allow the Mayor to play at all, then we will change the cup to the J. L. Plummer's Cup, from the Xavier Suarez Cup. Commissioner Plummer: There you go. Now you're getting smart. Commissioner Dawkins: OK, go ahead. Mr. Perry wants to say something to the executive... Commissioner Plummer: Is this his farewell speech? Mr. Perry: Also, I would like to acknowledge and hopefully get some support for the Law Enforcement Trust Fund, who has been actively involved with this league to also express to you all that Midnight Basketball is not just about basketball. It's about a mentoring program that has a very good cadre of corporate support that's represented here today by certain board members; Mr. Leonard Turkell, David Mikowski, Steve Appelbaum, and also representatives from the Miami Sports Exhibition Authority. I hope that the City will allow — us to - put us together with a $25,000 request that we put through the Trust Fund, and hopefully, we can match that at the Sports Authority this year. Thank you very much. Mayor Suarez: Very good. Commissioner Dawkins: Will the members of the Sports Authority stand, please, who are here. These are the members of the Miami Sports and Exhibition Authority. Will the gentlemen who agreed with me that my police department was breaking in uniforms for the guys at Gibson Park, will you stand. So therefore, he has raised money along with us to purchase uniforms for the City of Miami Basketball Team Police. So therefore, the $25,000 that Mr. Perry is asking for will not be used to purchase uniforms. Thank you. EK 109 May 13, 1993 — Mayor Suarez: Congratulations to everyone. I think that the program was somewhat of an Imitation of the Philadelphia one, and it's magnificent that we brought it to Miami. It's the innovation and creativity of the Sports and Exhibition Authority, Bill Perry, et cetera. Congratulations to all of you. ---..------------------------------------------ __.,__--_----------��. 31. DISCUSSION CONCERNING RESOLUTION TO ACCEPT BID FROM AMERICAN PAGING FOR FURNISHING PAGING SERVICES TO POLICE DEPARTMENT. (See label 60) ------------------------------------------------------------------------------ Mayor Suarez: 1 believe we're on item 24, thank you. Accepting the bid of - oh, the team knows, of course, that there's a real challenge left, and we'll be setting that up. The only thing I need to borrow from the City Manager in that particular challenge is his son. Commissioner Plummer: I have a question. I have a question on 24. Mayor Suarez: Yes. Commissioner Plummer: Mr. Manager, the City of Miami has a thousand pagers. Why are we going to the outside to get pagers, which obviously have got to cost more than the ones that we have in-house? Mr. Cesar Odio (City Manager): Joe, would you explain. Lt. Joseph Longueira: Commissioner, our pager system doesn't give us the range we need for investigators and... Commissioner Plummer: Excuse me. The range of all beepers today goes from Key West to Melbourne. Are you telling me that you're more than that? Lt. Longueira: Of the City beepers? Of the City beepers, the City system goes... Mr. Odio: ... to the Dade County Line. Commissioner Plummer: Well, would 1t not be smart, Mr. Williams, to me, to put in another antenna and not go to the outside? Then everybody would have better service on the City beepers. Mr. Ron Williams (City Manager): Commissioner Plummer, certainly, we could increase the range by, you know, repeaters or an additional transmitter site, but I think also, another issue relating to this has to do with the confidential nature of some of these beepers, and basically, how they are used within the police department. Certainly, I believe that where there is a need, where beepers can be used as part of the City system, certainly, they're being used. Commissioner Plummer: You know, you're spending may tax money. EK 110 May 130 1993 Mrs Williams: I know; sir, but it's something we need. Commissioner Plummer: Tax money is getting tighter and tighter, my friends. We're buying $6200 dogs, and we're buying beepers. You got people out there starving. May, go ahead, without my vote. Mayor Suarez: On item 24, do we have a motion? Vice Mayor De Yurre: Second - move. Mayor Suarez: Moved. Mr. Gonzalez-Goenaga: You know, what kind of a show is this? Mayor Suarez: Manolo Gonzalez-Goenaga... Mr. Gonzalez-Goenaga: You told me at 2:30. Mayor Suarez: It seems like 1t never ends with you, sir. Why don't you go ahead and make your presentation, sir, since we're very close to 3:00 p.m. Mr. Gonzalez-Goenaga: Well, I fully agree with Commissioner Plummer... Commissioner Plummer: Uh-oh. I'm in trouble. Mr. Gonzalez-Goenaga: ... and I'm going to add a little bit more. You know, we have given this morning a lot of money to the police. But it's not today, It's in every single Commission meeting. We are supposed to be - the police is supposed to be the protectors of the citizens; not the abusers of the citizens. They think that because they have a gun, a stick and handcuffs, they can do anything in this town. Of course, they have the power to arrest. We don't, the citizens when we are abused. They have marvelous commmunications, yet, I have five letters requesting information, stamped by the Chief of Police, and I'm going to ask the oldest one, and I'm just going to finish. The Chief of Police wrote me, after I met him, that the robbery of the $150,000 from the police safe was still under investigation. I proposed, and maybe you would not like it, Mr. Suarez, and Commissioners, that no - not a penny is given to the police until they find who the hell stole the $150,000 from the police safe, the marijuana, and the bicycles. Because if you steal a chicken - or any one of us, these angels immediately pick us up and send us to jail. Yet, they steal money, marijuana, and bicycles - probably they're in Cuba, and - because Fidel needs them - and nothing happens to them, and they keep asking money, and money, and money. These - let's - please, the buck must stop somewhere. Mayor Suarez: All right. Mr. Gonzalez-Goenaga: Thank you. Mayor Suarez: Thank you, sir. Item 24, we have a motion. Do we have a second? Ms. Natty Hirai (City Clerk): No, Mr. Mayor. We need a second. EK 111 May 139 1993 Mayor Suare2! I'll second the item. Comi ssioner Plummer: Call the roll. THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY MAYOR SUAREZ, ITEM 24 (PROPOSED RESOLUTION TO ACCEPT BID FROM AMERICAN PAGING FOR PAGING SERVICES TO POLICE DEPARTMENT) FAILED BY THE FOLLOWING VOTE: AYES: Vice Mayor Victor Be Yurre Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso Commissioner J.L. Plummer, Jr. ABSENT: Commissioner Miller J. Dawkins [Note: This item was hater reconsidered. See label 68.3 ------------------------------------------------- •------ ------------ 32. RATIFY CITY MANAGER'S ACTION IN AUTHORIZING FLORIDA MEMORIAL COLLEGE TO CONDUCT TWO PRE -ACADEMY ORIENTATION CLASSES -- ALLOCATE FUNDS ($130200) FROM LAW ENFORCEMENT TRAINING TRUST FUND. Mayor Suarez: Item 25, ratifying, approving and confirming the City Manager's action in authorizing Florida Memorial College to conduct two pre -academy orientation classes, et cetera, Law Enforcement Training Trust Fund. Commissioner Plummer: What happens if orientation and these people don't get accepted or don't pass the exams? Lt. Joseph Longueira: Commissioner, these are the people that have been accepted into the academy. Just before the academy starts, they get a two - week... Commissioner Plummer: How many people are involved? Lt. Longueira: We did a class of 28, I believe, and a class of 30. These are people that need help, you know, to prepare them for the academy. Commissioner Plummer: So it's not orientation then, it's tutoring. Lt. Longueira: Right, right. Conmissioner Plummer: That's a different ball game. Lt. Longueira: Right. EK 112 May 130 1993 • CMissioner Plummer: All right. Then I have no further questions if it's tutoring* that's tine. Mayor Suarez: OK. On item 26, Commissioner Plummer: I'll move it. Mayor Suarez: Moved, Commissioner Alonso: Second. Mayor Suarez: Seconded. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-301 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION IN AUTHORIZING FLORIDA MEMORIAL COLLEGE TO CONDUCT TWO PRE -ACADEMY ORIENTATION CLASSES; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $139200, FROM THE LAW ENFORCEMENT TRAINING TRUST FUND, PROJECT NO. 136002. INDEX CODE 290505-270 FOR SAID CLASSES. (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 J. L. Plummer, Jr. VJ __ U-..-- ,.. -a.-- ft- ----- ----------- -ice------ 33, RATIFY CITY MANAGER'S FINDING THAT U.S. UNDERGROUND, INC. HAS DEFAULTED ON ITS SEPTEMSER 89 1992 CONTRACT FOR CONSTRUCTION OF LOCAL DRAINAGE PROJECT E-69, 8-5593 (CIP 352276) -i RESCIND AWARDING RESOLUTION 92- 317 -- RATIFY MANAGER'S WRITTEN FINDING THAT AN EMERGENCY EXISTED, JUSTIFYING THE AUTHORIZATION FOR M. VILA AND ASSOCIATES, INC. TO PROCEED WITH CONSTRUCTION OF SAID PROJECT RATIFY EXECUTION OF CONTRACT. .._..------------------ -------------------- -_-_----------------------- ---------- Mayor Suarez: Item 26. Commissioner Alonso: Move it. A Quin Jones, III Esq. (City Manager): Is that an emergency, Madam Clerk? Commissioner Plummer: What? Mr. Jones: Does that need two votes? Commissioner Plummer: Twenty-five needs two votes. Ms. Matty Hirai (City Clerk): Twenty-five was a resolution. Mayor Suarez: OK. They've got the... Commissioner Plummer: For the record, on item 26 - oh, OK. I second the motion. Mayor Suarez: Moved and seconded. Any discussion on 26? If not... Commissioner Plummer: I'm assuming where we are suing that this is with the ratification of the City Attorney. Mr. Jim Kay: Yes, sir. Mayor Suarez: Which item are we talking about that involves a lawsuit now? Commissioner Alonso: Twenty-six. Mr. Cesar Odio (City Manager): They defaulted and we had to award it to somebody else, and we're going after them. Vice Mayor De Yurre: Did you say something about suing, somebody being sued? Mr. Odio: Yes. Mr. Kay: Yes. Vice Mayor De Yurre: Who's being sued, and... Mr. Odio: The original... EK 114 May 139 1993 Mr. JIM Key: U.S. UnderOroundi the original contractor. Vice Mayor De Yurret Is that the one that's getting this bid now? Mr. Odio: No. Mr. Kay: No, no, no, no. Vice Mayor De Yurre: So we're talking about something else. Mr. Kay: No, no, no. Mr. Odio: We gave it to somebody else, because - and then we are going to sue the ones that defaulted. Vice Mayor De Yurre: OK. Mayor Suarez: OK. As to 26, do we have a motion and a second? Do we, Madam City Clerk? Ms. Hirai: I have Vice Mayor De Yurre, and Commissioner Plummer seconded the... Commissioner Plummer: Yes. Ms. Hirai: Did you move it? Vice Mayor De Yurre: No matter, it's OK. Mayor Suarez: Call the roll, please. Ms. Hirai: I need a mover, Mr. Mayor. Did you move it, Commissioner? Commissioner Alonso: Yes, I did. Ms. Hirai: I am sorry. Commissioner Alonso and Commissioner Plummer. Commissioner Plummer: Yes. EK 115 May 139 1993 The following resolution was introduced by Commissioner Alonso, who (roved its adoption: RESOLUTION NO. 93-302 A RESOLUTION RATIFYING THE CITY MANAGER'S FINDING THAT U.S. UNDERGROUND, INC. HAS DEFAULTED ON ITS SEPTEMBER 8, 1992 CONTRACT WITH THE CITY OF MIAMI FOR CONSTRUCTION OF LOCAL DRAINAGE PROJECT E-699 B-5593, CAPITAL IMPROVEMENT PROJECT NO. 352275; RESCINDING RESOLUTION NO. 92-317, ADOPTED MAY 14, 1992, IN ITS ENTIRETY, WHICH RESOLUTION AWARDED SAID PROJECT TO U.S. UNDERGROUND INC.; RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT AN EMERGENCY EXISTED JUSTIFYING THE AUTHORIZATION M. VILA A ASSOCIATES, INC. TO PROCEED WITH CONSTRUCTION OF SAID PROJECT, IN THE AMOUNT OF $243,892.00; ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 109389 PROJECT NO. 352275, IN THE AMOUNT OF $243,892.00 TO COVER THE CONTRACT COST AND $60,962.96 TO COVER THE ESTIMATED EXPENSES FOR AN ESTIMATED TOTAL COST OF $304,854.96; RATIFYING THE CITY MANAGER'S EXECUTION OF A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH M. VILA 6 ASSOCIATES, INC. (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. 34. ACCEPT BID: PING FONTICIELLA CONSTRUCTION CORP. -- FOR MORNINGSIDE PARK RECREATION BUILDING B-3239 ECIP 331313 ($384,000) 5 331303 ($49013)3 -- EXECUTE CONTRACT. Mayor Suarez: Item 27. Commissioner Alonso: Move it. Mayor Suarez: Moved. EK 116 May 13, 1993 Commissioner Plummer: Second. Mayor Suarez: Second. Any discussion on 21? if not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-303 A RESOLUTION ACCEPTING THE BID OF PING-PONTICIELLA CONSTRUCTION CORP., IN THE PROPOSED AMOUNT OF $367,493.00 TOTAL BID OF THE PROPOSAL, FOR MORNINGSIDE PARK RECREATION BUILDING B-3239; ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO. 331313 ($384,000.00) AND PROJECT NO. 331303 ($4,013.00), SAID FUNDS TO COVER THE CONTRACT COST OF $367,493.00, AND ESTIMATED EXPENSES IN AN AMOUNT NOT TO EXCEED $20,520.00 FOR AN ESTIMATED TOTAL COST OF $388,013.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID 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. 35. DESIGNATE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECT - 1994 AND 1995 AS A CATEGORY "B" PROJECT -- APPOINT CERTIFICATION COMMITTEE -- APPOINT PROFESSIONAL ENGINEER FROM DEPARTMENT OF PUBLIC WORKS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE -- APPROVE CITY MANAGER'S APPOINTMENT OF COMPETITIVE SELECTION COMMITTEE. Mayor Suarez: Item 28. Commissioner Plummer: Move it. EK 117 May 130 1993 ti y Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Second on 28. Any discussion on 28? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-304 A RESOLUTION DESIGNATING THE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECT - 1994 AND 1995 AS A CATEGORY "B" PROJECT; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED PROFESSIONALS; APPROVING THE CITY MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS THAN SIX (6) MEMBERS; AND APPOINTING A PROFESSIONAL ENGINEER, FROM THE DEPARTMENT OF PUBLIC WORKS, CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE. (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. Plumper, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. EK 118 May 13, 1993 W -M�1. ir-ri--r-iri�ir�Y W �Y--s w�►iti-ii�r--ii iil fiY Wl �r �1-rHYrri �rr�M-iYYi �i� sir r1Y� W Yr--�--i►rYr--iY iY+wr SS. REVIEW YEARLY APPOINTMENTS OF CITY COMMISSIONERS TO CITY BOARDS, AS FOLLOWS: (A) APPOINT COMMISSIONER DAWKINS CHAIRMAN OF MIAMI SPORTS AND EXHIBITION AUTHORITYo (0) APPOINT COMMISSIONER PLUMMER CHAIRMAN OF DOWNTOWN DEVELOPMENT AUTHORITY. (C) APPOINT VICE MAYOR VICTOR DE YURRE CHAIRMAN OF INTERNATIONAL TRADE BOARD. (D) APPOINT COMMISSIONER PLUMMER CHAIRMAN OF BAYFRONT PARK MANAGEMENT TRUST. ------------------------------------------------------------------------------ Mayor Suarez: Item 29. Commissioner Dawkins: On the pagers, bring back - item what? No, leave it tied. Leave it tied. Mayor Suarez: Itern 29, then. Commissioner Plummer: On 29... Mayor Suarez: Are we supposed to go board by board; is that the idea? Commissioner Plummer: Mr. Mayor, I would assume - we're talking about... Mr. Cesar Odio (City Manager): We're talking about... Commissioner Plummer: Just for the record, we're talking about four boards, correct? We're talking about DDA (Downtown Development Authority), ITB (International Trade Board), Bayfront Park, and what's the other one? Mayor Suarez: And Sports Exhibition Authority. Commissioner Plummer: Sports Exhibition, yeah. Mr. Odio: And Coconut Grove Standing Festival Committee, and the Performing Arts Center Trust. EK 119 May 139 1993 b Commissioner Alonso: Those are not even ours. Unidentified Speaker: Where is Steve? Mayor Suarez: Performing Arts Center Trust... Commissioner Alonso: It's not even ours. Mayor Suarez: It doesn't have a Commissioner as a representative, does it? Mr. Odio: They were just - yes, you had two, Commissioner Alonso and Commissioner Dawkins. Commissioner Alonso: We're not chairmen of anything there. So it has no value of what we're discussing now. Mayor Suarez: And there 1s an ex-oficlo membership for us in the Performing Arts? Mr. Odlo: We have voting rights there. Commissioner Alonso: But we are not chairmen of anything. Mr. Odio: No, no, you wouldn't be chairpersons. You'll be another member of ... Commissioner Alonso: So it has not value on what we're discussing now. Mayor Suarez: Does the Trust, or what I refer to as the Advisory Board, does 1t even call - the Performing Arts Advisory Board, does it even call for a member of the Commission to be designated, or just any individual? Commissioner Alonso: It was the suggestion of Commissioner Plummer. Mr. Odio: Two members from the - appointed by the City of Miami. Commissioner Dawkins: Just any two members, Mr. Mayor. Commissioner Alonso: Yes. Mayor Suarez: Of the Commission? Mr. Odio: Of the City of Miami. Anybody that you choose to appoint. Mayor Suarez: Two appointees, appointed by the City of Miami Commission? Mr. Odio: Right. Mayor Suarez: They don't have to be City of Miami Commission members? Mr. Odio: That's correct, that's correct. Commissioner Alonso: No. EK 120 May 13, 1993 Vice Mayor De Yurra: But let me tall you... Co "issioner Plummers so basically, are we not speaking... Commissioner Alonso: We're talking about four... Vice Mayor De Yurre: For the record, let me just say that the feedback that I've gotten is that our two representatives are doing an excellent job there. Mayor Suarez: Who is that? Commissioner Alonso: Two. Vice Mayor De Yurre: Our two representatives. Mayor Suarez: Who are our two representatives? Commissioner Dawkins: Me, one. Commissioner Plummer: Who is the other one? Commissioner Alonso: I am the other one. Mayor Suarez: Commissioners Dawkins and Alonso? Commissioner Alonso: Yes. Commissioner Plummer: Oh, OK. Mayor Suarez: And what was the other one that is not one of the basic four that you were referring to, Commissioner? Commissioner Alonso: Coconut Grove Standing Festival. Commissioner Plummer: Standing Festival. Commissioner Alonso: Actually, we are talking about four, Mr. Mayor. Commissioner Plummer: Four, that's what I said, yeah. Commissioner Alonso: The ODA, Sayfront, International Trade and Miami Sports... Mayor Suarez: ... and Exhibition Authority. Commissioner Alonso: ... and Exhibition Authority. Four, actually. Commissioner Plummer: Yeah. Mayor Suarez: The idea is that every year we review... Commissioner Plummer: Correct. i f - EK 121 May 13, 1993 i x Mayor Suarez: And either replace or reappoint, as we may wish to do? Commissioner Plummer: Correct. Mayor Suarez: OK. I'll entertain motions on any one of the basic four, and then we can discuss the other two. Commissioner Plummer: I will move, to begin with, Miller remain... Commissioner Dawkins: Before you... Commissioner Plummer: ... Miller remain as chairman of the Sports Authority, Mayor Suarez: So moved. Vice Mayor De Yurre: Second. Mayor Suarez: Commissioner Dawkins? Vice Mayor De Yurre: Do you want to stay, Miller? Commissioner Dawkins: Yeah, I'll wait till you finish with that, yes. Vice Mayor De Yurre: You do? Commissioner Dawkins: Yes, I'll stay. Mayor Suarez: Call the roll on the motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-305 A RESOLUTION REAPPOINTING COMMISSIONER MILLER J. DAWKINS AS AN EX OFICIO VOTING MEMBER AND CHAIRPERSON OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A PERIOD OF ONE YEAR COMMENCING JUNE 1, 1993. (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. j Vice Mayor Victor De Yurre j Mayor Xavier L. Suarez #1 NOES: None. ABSENT: None. a EK 122 May 13, 1993 Y Commissioner Dawkins: Mr. Mayor? Mayor Suarev Commissioner Dawkins. Commissioner Dawkins., Point of special privilege. I was hoping before we appointed anybody... Vice Mayor De Yurre: OK* let's rescind that motion then. Commissioner Dawkins: OK. No problem - that Commissioner Alonso has never had a "significant board", and I - you know, I was thinking maybe she should be given the opportunity of picking one and see if the three votes are here for her to get it. That's just my opinion. Now, I don't know if everybody, anybody else up here feels like that or not. Mayor Suarez: Does anyone wish to address that, Commissioners? If not, I'll entertain motions on the remaining boards. We've got many, many important items. Vice Mayor De Yurre: Mr. Mayor, I'll make a motion to nominating J. L. Plummer to the DDA Board. Mayor Suarez: So moved. Commissioner Plummer: DOA. Mayor Suarez: Do we have a second on the motion for Commissioner Plummer as chairman of the Downtown Development Authority? That ordinance was changed to reflect that it didn't have to be the Mayor; is that correct? Commissioner Plummer: A year ago. Mayor Suarez: All right. Commissioner Alonso: Yeah, I'd like for the record to say that I would like to have DDA, as it's the only opportunity that I will have to have that experience. Due to the fact that I'm running for Mayor of the City of Miami, and these appointments that we're making today only are assigned to Commissioners and not the Mayor of Miami. If I am elected, I will not have the opportunity. If I am defeated, I will not have the opportunity. So either way, I will not have the opportunity to serve in any of the boards. So I wanted to have the opportunity to serve as the chairman of DDA. Vice Mayor De Yurre: OK. Mr. Mayor, as a point of correction, if we get - Mr. Quinn Jones - for a legal opinion. My understanding is that any member of this Commission can serve on any board. A. Quinn Jones, III, Esq. (City Attorney): On any board? Vice Mayor De Yurre: Particularly, the DDA. Mr. Jones: provides for Commission. Yeah, particularly the DDA. We amended the ordinance that DDA such that it could be the Mayor or a member of the EK 123 May 13, 1993 Vice Mayor Do Yurre: OK, just for the record. Mayor Suarez: Do we have a second on the motion of Commissioner Plummer for Chairman of ODA? Ms. Matty Hirai (City Clerk): No, Mr. Mayor. Mayor Suarez: I'll second the motion. Commissioner Dawkins: Moved and properly seconded that Commissioner Plummer be the chairperson for one year of the DDA. Any more discussion? Hearing none, call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-306 A RESOLUTION APPOINTING COMMISSIONER J. L. PLUMMER, JR. CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY, BOARD OF DIRECTORS, FOR A ONE YEAR TERM COMMENCING ON JUNE 1, 19939 PURSUANT TO SECTION 14-26 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. (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 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: Should I vote on that? Ms. Hirai: On accepting. Commissioner Plummer: OK, yes. I vote yes. Commissioner Dawkins: If he's confused, I am, too, yes. COMMENTS MADE AFTER ROLL CALL: EK 124 May 130 1993 s Mayor Suarez: Mr. Gonzalez-Goenaga, please, sir, keep your comments to yourself. All right. Sports Exhibition Authority, we've done$ DDA, we've donor. We need to do International Trade Board, Commissioner Plummer: I'll move Victor De Yurre for ITO. Mayor Suarez: So moved. Commissioner Plummers He's expressed a desire. Mayor Suarez: We have a second on that motion? Do we have a second on the motion of Commissioner De Yurre for chairman of the International Trade Board? Vice Mayor De Yurre: Second. Mayor Suarez: Any further discussion on that motion? If not, please call the roil. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-307 A RESOLUTION APPOINTING VICE MAYOR VICTOR H. DE YURRE AS MEMBER AND CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD, FOR A ONE YEAR PERIOD COMMENCING JUNE 1, 1993, FOR PURSUANT TO SECTION 2-44 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. (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 ROLL CALL: Mayor Suarez: Mr. Gonzalez-Goenaga, have a seat, sir. Commissioner Alonso: Yes. I'd like to make a statement for the record. It's not the most pleasant statement that I'm about to make. My son-in-law 1s the director of the Department, International Trade Board. It is a very well known fact that Commissioner De Yurre and I have differences of opinion. Commissioner De Yurre has been going around and it's been the rumor of the City that he's going to ITT (sic) "to clean the department." EK 125 May 13, 1993 Vice Mayor De Yurre: ITB. CoMissioner Alonso: I do not know that it is within our duties as chairmen of a board to clean any department, neither did I know that that department needs any cleaning. But I think it's important for me to state this on the record, ahead of time, because of possibilities of conflicts. I would like to be the chairman of ITT (sic). I know, I have checked with the legal department, I don't have any legal conflicts, but I felt that it was not appropriate for me to be chairman of a board where a relative of mine is working in that department. But I felt that it was necessary, and after knowing this, then the Commission can vote. Commissioner Plummer: I likewise think it would be very proper that you put on the record, Madam Commissioner, that your son-in-law was on that board prior to you becoming a Commissioner. Commissioner Alonso: That's right. Commissioner Plummer: It had nothing to do... Commissioner Alonso: Many years ago. Commissioner Plummer: ... nothing to do with politics. Commissioner Alonso: Thank you. Commissioner Dawkins: What was that, J. L.? I didn't hear, I was busy. Commissioner Plummer: I said that I thought where she put the record, it should be repleted that he was a member of that board prior to her becoming a Commissioner. Commissioner Alonso: Yeah, many years ago. Thank you. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: We have the Bayfront Park Management Trust. Historically, traditionally, this has been one that is still... Commissioner Dawkins: J. L.'s. I move it. Mayor Suarez: ... by default. Mayor Suarez: If Commissioner Alonso does not want it. Would you like to have that Board, Commissioner? Commissioner Alonso: No, I don't want that board. Commissioner Dawkins: All right. I move that J. L. Plummer be the permanent head of Bayfront Park. Commissioner Alonso: I second it. EK 126 May 13, 1993 11 Mayor Suarev 5o moved and seconded. Call the roll. Commissioner Plummer: That's a hell of a way to get even. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-308 A RESOLUTION APPOINTING COMMISSIONER J. L. PLUMMER* JR. AS AN EX OFFICIO VOTING MEMBER AND CHAIRPERSON OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM OF OFFICE EXPIRING ON MAY 31, 1994. fileeinothe Office f the City Cterk.;tted here and on Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. (IN JEST - LAUGHTER) ABSENT: None. Commissioner Alonso: Also, Mr. Mayor... Mayor Suarez: Yes, Commissioner Alonso. Commissioner Alonso: I would like to put on the record that in the three and a half years that I have been a Commissioner, I have not been given the opportunity to serve in one of the important boards. I want to note that I am a qualified professional, I have a Ph.D. in education, I was an educator for many years, I was selected by the citizens of Miami. I happen to be a woman, and as such, I have not been given the opportunity to serve in one of the important boards in the City of Miami. All my fellow Commissioners have had the experience, at least once. But this Commissioner has never been given the opportunity to serve in one of those boards, and I so state for the record. Mayor Suarez: All right, very well. Vice Mayor De Yurre: Let me just say for the record, Mr. Mayor, that Commissioner Alonso, the fact that she is a woman has nothing to do, as far as I'm concerned, with the fact that she hasn't served on any significant board. Mayor Suarez: OK. Mr. Gonzalez-Goenaga, you are a minute early for what I { remember to be the ordinance, and I don't know what the relevancy is of your comments, but, sir, we'll waive the minute if you promise to... Mr. Gonzalez-Goenaga: Yes, less than a minute. EK 127 May 13, 1993 _ x Mayor Suarez: be very short and to the point. Mr. Gonzalez-Goenaga: Yes. I want to congratulate Ms. Alonso for making a full disclosure of her relative in this board. And I wish that every single Commissioner here makes a full disclosure. I applaud and commend her because this is what the citizens want. It doesn't matter that you have a relative working for the City of Miami, if you are a Commissioner. 'there is nothing wrong. The wrongness or the - when there is a lack of disclosure and things are done even with some friends and relatives under the table or under the counter, instead of over the counter. That's why I urge every single Commissioner on their appointments, whatever conflict of interest they might have directly or indirectly, it's nothing wrong. The thing 1s that the citizens have a right to know. Thank you very much. Mayor Suarez: All right, sir. ------------------------------------- ---------------------- ------------------- 37. (A)DISCUSSION CONCERNING 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (See label 39) (B)ALLOCATE $4509000 FOR A RECREATIONAL BUILDING IN ALLAPATTAH COMSTOCK PARK IN WYNWOOD. (C)DIRECT CITY MANAGER TO EARMARK $2509000 FROM ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT FUNDS FOR ECONOMIC DEVELOPMENT PROGRAMS TO BE CREATED BY THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA). ------------------------------------------------------------------------------ Mayor Suarez: All right, sir. Item 30, 19th Year Community Development Block Grant Program. What do we need to hear from? And did we not close the public hearing on this? Do we have any group or individuals that for whatever reason, Mr. Manager, we must hear from? Mr. Cesar Odio (City Manager): Well, you don't have to. You distributed the monies that we had. In order to give monies to somebody else, you have to take them from who you already awarded the monies to. So if you want to open it... Commissioner Dawkins: So what is your recommendation? Mr. Odio: That you already voted on the monies awarded, that you stay with that vote. Commissioner Dawkins: OK. That's your recommendation, all right. Mr. Odio: Yes, sir. Commissioner Dawkins: All right. Mayor Suarez: All right. What groups need to be heard on SIC's course, Save Your Eyes here? I see the Haitian/American Foundation, I see Ann Marie on behalf of the clinic. Ms. Anne Marie Adker: The Overtown Clinic. EK 128 May 13, 1993 Commissioner Dawkins: OK, But I want you to - I want all of them to know, you know, before we speak, 1 am following the Manager's recommendation. OK? I don't want people to say that 1 led then astray by hearing them out and then voted differently. Mayor Suarez: Madam City Clerk, would you measure and restrict each speaker to no more than four minutes, please, and please keep your comments brief and to the point. Thank you. Go ahead, sir. Mr. Alex Prado: Yes, thank you. For the record, my name is Alex Prado, executive director of One Art, Incorporated. We're located at 180 Northeast 39th Street. And very simply, you all know what One Art is. Some of you have seen the works that this organization has done. Many of you also know what we're about to embark on as far as constructing a very important community center in this City, establishing it as a very vital center for all of Wynwood, Overtown, Liberty City, and Edison, Little River. This community center will provide educational programming, arts programming, all focused on keeping kids off the streets. And I'm here to inform you that last week, the Metro -Dade Board of County Commissioners joined One Art and supported this project, with a recommendation of $475,000 that the Administration had made in support of this project. Unfortunately, due to the defeat of President Clinton's stimulus package, we had suffered a toss, a terrible loss, in fact, of $175,000. We have been granted $300,000. This sum had been approved at the last Commissioners meeting last week. I'm here requesting that this Commission, this body support and help match this grant in the amount of $275,000. Unfortunately, the cost of the facility is $850,000, and we're in need to raise a substantial sum of funds in order to start this, the construction of the One Art Center, and we really need your help to make this vital, important facility for the children throughout these communities in the City of Miami. Thank you. Mayor Suarez: All right. Sir, do you want to address the Commission? Mr. Camille Merilus: Yes. Good afternoon, Commissioners, Mr. Mayor, Mr. Manager. So once again, we are here to make a request to the Commission so that we can pay some people to help us doing the good work that we have been doing for the last two years. We have several people here with us. And the Public Health Trust gave us $38,000, and they gave us a place to operate, but 1 we need some money so we can pay to some staff members, people who have been going to Bascom Palmer for us, going to doctors' offices with the people, and translating for them, people who have been there, all over the place with us, but they are doing the job on a voluntary basis because we don't have the money to pay them. So we have been giving a little bit of money from out of pocket. So I am here to make a request of $120,000, so that we can provide them the means of making a living themselves, and to continue the humanitarian work they have been doing along with us. And we have to say thank you, also, to the City Manager, who has been giving us a bit of help to meet our Save Eyes 1993 success on Saturday, May 1st. So thank you very much. Ms. Anne Marie Adker: I'm on now? EK 129 May 13, 1993 Colllliissioner Dawkins: Yes, ma'am6 M$. Adker: Good, I'm Ann Marie Adker, 407 Northwest 5th Street, and that's in Overtown. I don't know actually what's happening. I'm here in behalf of the Ann Mario Adker Overtown Health Clinic. I keep hearing from Community Development that you're not funding any new programs. I don't count the clinic as a program, per so. We'd asked for $246,150 to do an outreach program, and in order to do that, we would need a van and a driver, of course, and other things on that van. Now, the Board on which I sat gave us, I think it was 1830000 some odd dollars. 1 want to know, are you going to fund the health clinic at any cost? I want to know how much. Vice Mayor De Yurre: OK, Frank? Commissioner Plummer: According to what I have in front of me, it's zero. That's what I got in front of me. Ms. Adker: Mm-hmm, yeah. And - OK I'll... Commissioner Plummer: The question is, Frank, how much money are you giving her for the Overtown Clinic, or the health center? Ms. Adker: That's right. Mr. Frank Castaneda: We're not recommending the funding of any new program. Ms. Adker: Do you know what the Overtown Health Clinic is about? Mr. Odio: Yes, we do. Ms. Adker: You do? Mr. Odio: Yes, ma'am. Ms. Adker: Who answered that? I know it wasn't you, because you haven't been there. Mr. Odio: I have been there. You were not there. Ms. Adker: Oh, you have? Oh, I'm sorry. Mr. Odio: You have to took and see where you were, because I've been there. Ms. Adker: I'm sorry, maybe that was a day I wasn't there. You're not funding any new programs, but I've seen you kept unsuccessful programs on board, funded for 17 years. Commissioner Plummer: Hey, I didn't open it up. Ms. Adker: What's the matter with this? Mayor Suarez: Such as which one? Ms. Adker: Such as New Washington Heights. EK 130 May 13, 1993 e Mayor Suarez: t thought you were going to mention New Washington Heights, Commissioner Plummer: That's your favorite subject. Ms. Adker: That Is my favorite subject. Mayor Suarez: There's George Knox, Why don't you talk to George about that. All right. Commissioner Plummer: Mr. Mayor, can I interrupt for a minute? Mayor Suarez: Yes, sir. Commissioner Plummer: Annie, do you get any funding from the Public Health Trust? Ms. Adker: No - we get in -kind services from the Public Health Trust. Commissioner Plummer: Somewhere along the line, - and this is not going to be a popular statement - the people in this community have got to just realize we cannot be all things to all people. I think we have a million -eight to spend, and we had what? Four million in requests? Mr. Castaneda: That's correct, Commissioner. Mayor Suarez: The social services portion of the COBG (Community Development Block Grant), yeah. Commissioner Plummer: And there's just no way that we can do it. Now, you know, ... Mr. Castaneda: We had six million. Ms. Adker: We are taking care of people that live within the City of Miami. Commissioner Plummer: Annie, we just gave... Ms. Adker: And our clients come all the way from Southwest 4th Street, which is Little Havana. Commissioner Plummer: Annie, we just gave Jackson Hospital $300,000 this morning, and we got two more payments in the next two years. Now, look, there's no question where my loyalty lies. Ms. Adker. Yeah. Commissioner Plummer: But in the kind of service that you're providing... Ms. Adker: Yes. Commissioner Plummer: It would seem logical to me that the Public Health Trust should be funding you, OK. It just seems logical to me. EK 131 May 13, 1993 Ms. Adker: And it seems as though the City of Miami would at least have a little appreciation in helping us to do some of our outreach. Commissioner Plummer: I just don't know - you know, I'm glad we got the moneys t really am, because we're helping, but in some ways, I wish to god we never saw the money, because we just can't, we can't make silk out of a sow's ear. There's no way that we can make everybody happy. To make you happy or somebody else, we got to take it from somebody else. That's just pure and simply the whole nine yards. Ms. Adker: Could you answer me this? Commissioner Plummer: I'll try. Ms. Adker: There is one million, eight hundred dollars - eight hundred thousand, I believe. Commissioner Plummer: Correct, you're correct. Ms. Adker: Uh-huh, that 1s 1n reserve. Reserve for what? Commissioner Plummer: No, not reserve. Ms. Adker: To fund those same unsuccessful programs? Commissioner Plummer: In reserve? Commissioner Plummer: Oh, the reserve, you mean from the money we did not give to the homeless. Mr. Odio: Yes. Commissioner Plummer: Fine. But you can't use that for social services, that's the problem. Ms. Adker: You call - you call helping your people social service? Commissioner Plummer: That's what - no... Mayor Suarez: That's a category under the federal law. That's what he's... Commissioner Plummer: ... that's what the Feds call it, not what I call it. Mayor Suarez: It's either economic development or social services. If it's not social services, you have absolutely nothing to tell us, because then it doesn't even fall in the general category, Ann Marie. Mr. Odio: Mr. Mayor, excuse me. Out of the eight hundred - that's where I was talking this morning, about instead of taking money from the general fund, next year, to allocate 600,000 from that money that can be used to buy land for the hospital. Ms. Adker: To buy land for what hospital? EK 132 May 13, 1993 11 Mr. Odiat Jackson. Comissioner Plummer: Yeah, but that's next year, Cesar. Mr. Odiot Yeah* but - no, this is the allocation for next year. Codrnlssloner Plummer: What are you going to do about this year? Ms. Adker: You know, we have sick people now that we're treating. Mayor Suarez: OK, Ann Marie, complete your presentation... Ms. Adker: You know, we've run out of space. Mayor Suarez: Wait, wait, wait. Complete your presentation, OK? Whatever you have to say, say it, and don't argue with us. Just tell us what you want to say. Ms. Adker: OK. I have completed my presentation. Mayor Suarez: Very good.. Ms. Adker: I just want to know how much money would the good Mayor and Commissioners give to the Overtown Clinic. Mayor Suarez: What 1s the recommendation as of now? Commissioner Plummer: Zilch. Mayor Suarez: As of now, the recommendation is zero. Thank you for your presentation, OK? Ms. Adker: And that is the final word? Mayor Suarez: As of now. We haven't voted yet. Ms. Adker: OK. Ms. Jennifer Ashley Clark: Commissioners, Jennifer Ashley Clark; 1713 Northeast 71st Street. Commissioner Alonso: Mr. Mayor, let me put on the record something that is Important. There was a funding that we approved for HUD last year, and it was $8009000. Only about $200,000 has been given to them. If the money is not needed... Mayor Suarez: What happened to the rest of the money that we had pledged to the - to Little HUD? Commissioner Alonso: ... 1t should be available. We are talking about $6000000. If they didn't use it, then it should be put into good use as the clinic and other programs that really deserve to have the funding. Mayor Suarez: What happened to the $600,000? EK 133 May 13, 1993 0 Commissioner Dawkins: Mr. Mayor, that's why... Commissioner Alonso: So it's something that we should look into. Commmissioner Dawkins: What's why I said that I was voting the recommendations of the Manager, because it was said at the beginning, as Commissioner Alonso said, that there was - and I don't want to - the Manager or Mr. Frank Castaneda - no, not you, Mr. Bailey, you didn't say it. Somebody said it was either $600,000 or $800,000 available. Now, wait. I don't know if that was money from the President's stimulus package, I don't know if it was HUD money, but... Mr. Castaneda: OK. Commissioner Dawkins: ... explain to us... Mr. Castaneda: Right. Commissioner Dawkins: ... whether it was six hundred or eight hundred, and what it was. Mr. Castaneda: OK. From the physical - from the money that we had set aside to build the homeless shelter in downtown Miami, we had set aside $800,000. Commissioner Dawkins: OK. Commissioner Alonso: In addition. Mr. Castaneda: Right. The Commission said that they did not want to make that allocation to the homeless shelter. That money was moved to contingency, and there was already $80,000 in contingency, so there is $880,415 in contingency. Commissioner Dawkins: In contingency? Mr. Castaneda: Correct. Commissioner Dawkins: Now, and that money is to be allocated on the strength of need at a later date. Mr. Castaneda: That's correct. Mr. Odio: Yes, sir. Mr. Castaneda: For physical projects. Commissioner Dawkins: OK. That's for... Mr. Odio: And that's why I... Commissioner Dawkins: Wait a minute, now. Hold it, hold it, hold it. See, I'm getting to where Ms. Adker is. Additional projects, new projects, old projects, what projects? EK 134 May 13, 1993 s Mr. Ca&tanadat No, this 18 ?Or physical projects. Co nissioner Dawkins: HUh? Beg your pardon? Mr. Castaneda: this is for physical type projects. It is not for the public service Gap. Commissioner Dawkins: Wait, now. OK. OK. See, that's what we have to tell people here, so they'll know. Mr. Castaneda: For public service cap... Commissioner Dawkins: Now, what you're saying is that even with $800,000, if it's not bricks and mortar, they will get nothing. Mr. Castaneda: That's correct. Commissioner Dawkins: Therefore, Ms. - I'm not going to say this. The clinic... Mr. Castaneda: Would not be eligible for that money. Commissioner Dawkins: ..0 would not get a penny to give AIDS shots, or nothing else, because it's not bricks and mortar? Mr. Castaneda: That is correct. Commissioner Dawkins: Al right. Now, what will we put the money in, in bricks and mortar? Like what? Mr. Odio: Now, Commissioner... i _j Commissioner Dawkins: Like what? Mr. Odio: Remember this morning? We need to pay Jackson Memorial $600,000. What I suggested was, let us - he want - they want to buy a piece of property - from the City - that we use this money to offset that cost. That way, we can use Community Development monies. Commissioner Dawkins: But, you see, Mr. Manager, the problem I have is, all these residents are sitting here... Mr. Odio: Yes, sir. Commissioner Dawkins: ... hearing this rhetoric. And they don't understand it. Mr. Odio: I understand. Ms. Clarks No, I understand it. Commissioner Dawkins: Like when you said, $800,000, they assume it's $8009000 available. EK 135 May 13, 1993 r Mri Mot No, it Cannot be used... Coimissioner Dawkins: then you come back and say $800400 can only be used for bricks and mortar. Mr. Odio: for bricks and mortar, that's all. Commissioner Dawkins: So anybody up there that's not with bricks and mortar, then you come and say, no, we will not make it available for bricks and mortar, because we already promised it to Jackson Memorial Hospital for bricks and mortar. Mr. Odio: Yes, sir, but - yeah. Commissioner Dawkins: OK. All right. Hey, that's all. Mr. Odio: I didn't - you didn't promise that. I mentioned that this morning, because it's a way of paying Jackson without... Commissioner Dawkins: We did promise them, because we told Jackson we would do it, Mr. Manager. Mr. Odio: OK, Mayor Suarez: By the way, is... Commissioner Dawkins: Excuse me, Mr. Mayor. Mayor Suarez: Thank you. Is it the same pledge that we had made to the other cities and the County to expand for homeless facilities? Or do you have... Mr. Odio: No, Mr. Mayor. I left this $800,000 there with the hope that we could do something under the expressway... Mayor Suarez: Right, so that's for homeless... Mr. Odio: .. for homeless. Mayor Suarez: All right. Mr. Odio: But you decided not to do this. Mayor Suarez: We did? Mr. Odio: Yes, sir. Mayor Suarez: All right. Commissioner Plummer: Can I ask a question, Frank? let me ask a question an I want you to look at it and give me an answer. You know, my long standing has been from these monies, feed the hungry and take care of the sick, OK? Commissioner Dawkins: And the children next. EK 136 May 13 9 1993 w Commissioner Plummer: And Anything else left over, we'll talk about. Mr6 Odio: Yes, sir. Comissioner Plummer: Now, I'm going to ask you a question, four or five speakers down the line, how many of these categories do not qualify for either feeding or taking care of the sick? So be prepared to answer that in about five or ten minutes. As I'm looking down that list... Mayor Suarez: All right. Commissioner Plummer: ... I'm telling you, there's a lot there that don't qualify. Mayor Suarez: Please, let's try to let them make their presentation, and then we have our discussion. Commissioner Alonso: Mr. Mayor. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: This has to be clarified. There is a misconception that we have 880,000... Mr. Odin: No. Commissioner Alonso: ... available, when, in fact, we have an additional 6009000 that has not been used, and therefore, I would like to ask the Administration why this money cannot be used at this time. Let's talk about that. When we award certain funding... Mayor Suarez: Is that the 600,000, if we reduce everybody... Commissioner Alonso: ... and it's not used, I think that we have to move it to other projects. Mayor Suarez: Oh, you're talking about the HUD money that we didn't give then. Commissioner Alonso: Yes, 1 am talking about the HUD money. Mr. Odio: They were allocated to HUD. Commissioner Plummer: But here again, just for the record, that is money that cannot be used for - excuse me, Ms. Adker - social services, OK. Mr. Odio: That's all, brick and mortar, no sir. Commissioner Plummer: Cannot be used for that. We already had... Commissioner Alonso: But it can be used for other programs that are making requests. Commissioner Plummer: Economic Development or some other kind of program. EK 137 May 13, 1993 Ota� t Commissioner Alonso: Yess Commissioner Plummer: But not for the Adker program... Commissioner Dawkins: But you're confusing me. I know the residents are confused. Eight and six are 14. Commissioner Alonso: Exactly. Commissioner Dawkins: Now, we're talking about a million and four. Commissioner Alonso: That's right, Commissioner, that's what we're talking about. Commissioner Dawkins: I mean, so now, what are you going to do with a million -four, instead of discussing 600,000? Mr. 0dic: Well, let me... Commissioner Alonso: That's exactly... Commissioner Dawkins: I mean, I'm confused. Mr. Odic: The 600,000, Commissioner, you gave to HUD, Little HUD. Commissioner Alonso: We gave 800,000. Mr. Odic: And they took 200,000. Commissioner Alonso: And if they have not used it in two years... Mr. Odic: Fine, I'll take it back. Commissioner Alonso: ... it seems to me that the need 1s not there. Mr. Herb Bailey (Assistant City Manager): Commissioner, six months ago, the County came over to our office with a new schedule on the construction, for the public housing to use the money, and we have gone over that new schedule with them. They are spending the money now. And we made other agreements with them for allowing them to make the modifications, to do the work that they were supposed to do, because the time period was extending - was expiring. We also got under condition of that, about the transfer of maybe two and a half million dollars of other properties in Overtown that we're going to use for other housing, but that money is being used for its original purpose. Commissioner Alonso: How come they have not used the money up to now, and now, all of a sudden, they are going to be using the money? Mr. Bailey: Well,, there was a problem of scheduling the work in the units, there was a problem of getting the contractors, and then they had several i changes over at Little HUD. The director left, and they had some administrative difficulties, but the work is needed, and the work has been rescheduled to be done. EK 138 May 13, 1993 • Commissioner Alonso: Have they changed the work any from the original work that we thought 1t was going to be? Mr. Bailey: No, it has not changed from the original work. Commissioner Alonso: May I see the information? Because I do have problems, when we have organizations asking for funding, and then money has been sitting there for such a long time, I have problems with that. I voted for the money to be given to them. Mr. Bailey: Right. Commissioner Alonso: But I felt that there was a tremendous need, and when the time has gone, and they didn't use the funding, something is wrong somewhere. It was not the responsibility of the City of Miami, to begin with. We assumed the responsibility, thinking that the buildings are located in the City, and we made an exception, and we went along with it. But now, after such a long time... Mr. Bailey: There 1s a... Commissioner Alonso: ... you tell me the money is still sitting there? Mr. Bailey: There is a new schedule, and I will provide you with that information, and I'm sure those... Commissioner Alonso: Could you ask that your office fax the information so that I have it in front of me, before we make a decision today? Mr. Bailey: OK. Commissioner Alonso: Thank you. Mayor Suarez: I'd like to see it, too, Herb. I want to see where the work 1s being down, and how that money is being applied. All right? Quickly, through the presentations. Ms. Clark: I already stated my name for the record. I'll probably go home and may house will have been bulldozed by the City of Miami, but aside from that... Mayor Suarez: What did you say? What did you say? Ms. Clark: I said, I will probably go home and find my house has been bulldozed by the City of Miami. Mayor Suarez: Why would you make that as an introductory statement, before you make your pitch? Ms. Clark: Because, Mayor Suarez, after I wrote those letters to City Hall yesterday, six people from the Building and Zoning Department went out to may home yesterday morning again, even though we're in litigation, trying to gain - and I find it extremely offensive that when I try to express a EK 139 May 13, 1993 political opinion and a stance on the way the City is allocating HUD dollars, that the City attempts to take a strong arm approach. Mayor Suarez: Well, 1t would be... Ms. Clark: But that 1s not why I'm here. Mayor Suarez: No, wait, wait, wait. You made a statement and I want to answer you. It would really surprise me if any of the problems you may be having with Code enforcement or whatever have anything to do with this Commission, because I'm not aware of the letters you're talking about. I don't think any of this Commission is either. We're... Commissioner Plummer: May I inquire? How long have you been in litigation? Ms. Clark: I am in federal court, in suit against the Upper East Side NET (Neighborhood Enhancement Teams) Office, and one of its representatives. Commissioner Plummer: OK, OK. In other words... Ms. Clark: I have also been before the Code Enforcement Board. Commissioner Plummer: She - I just want to... Ms. Clark: That 1s on appeal in circuit court, and there is no reason - there is a stay 1n place for this hall here, under the auspices of Mr. Odio, or whoever his little cronies are underneath him that are doing this. I'm here to speak about CBO's. I'm here to speak about the way HUD dollars are being administered; not about the way this Administration is dealing with me. Mayor Suarez: All right. I guarantee you, ma'am, I guarantee you that whatever you say today will not result in any retaliatory action being taken against you or your home, OK? So that's not a good preamble. Commissioner Plummer: I'm trying to get - Mr. Mayor, I'm trying to get on the record. Mr. City Attorney, how long has this matter been in litigation? A. Quinn Jones, III, Esq. (City Attorney): The actual... Commissioner Plummer: Approximately. Mr. Jones: ... lawsuits, I guess approximately two, two and a half months. Commissioner Plummer: And she filed these letters yesterday? Mr. Odio: The letters... Ms. Clark: And immediately after that, sir... Mr. Odio: Excuse me, may I? The letter... Commissioner Plummer: But you've been in litigation for months. EK 140 May 13, 1993 Mr. Odio! The letter that I got yesterday was asking to appear in front of the City Commission. I don't know what she's talking about. Commissioner Plummer: It - wait. Excuse me. Aren't you the same woman about the university professor? Ms. Clark: Pardon me? Commissioner Plummer: Aren't you about... Ms. Clark: There is no university professor involved here. Commissioner Plummer: There's not a university professor that lives next door to you that you had an argument with? Ms. Clark: I do not have a university professor living next door to me. Commissioner Plummer: Did you have an argument with one of your neighbors? Ms. Clark: I have not had an argument with one of my neighbors. I called the police on one of may neighbors. Commissioner Plummer: Oh, OK9 it's an employee of the University of Miami fund-raiser. I'm sorry. But that's the same one, right? You're the same party? Ms. Clark: Yes, Commissioner. Commissioner Plummer: Thank you. Ms. Clark: May I continue? Commissioner Plummer: Sure. Mayor Suarez: Absolutely. Ms. Clark: For the past - over a decade, the City continues to get HUD dollars and misallocates then. You take 20 percent of almost $14,000,000, and you use it for administrative cost, which is Drank Castaneda's office. It's two and a half million dollars. Then again, you take CDBG Block Grant money, and you give it to CDC's and CBO's that do not have any kind of a track record - some of them don't, some of them may - I haven't seen the recent HUD monitoring report - that don't - that are not functioning. You have a lady that just came up before you, which I do not know, but apparently, there are needs in Overtown. The City continues - you know, Miriam Alonso, I'm going to get a little - Miriam Alonso just came back from Germany about the tourist thing, OK? If this City continues to set the example that it has been setting in the way it is expending HUD money, you're going to have more crime. You're abusing these dollars. You're not using them appropriately, and your own staff plays a shell game with it, with or without your consent. There's something wrong here. There's something very wrong here. I spent all last year coming here with HUD reports talking to you about this. I thought you were going to do the right thing this year. This year, once again, in the final program statement, the same organizations, the same waste of dollars, and nothing is being done. You guys have the power to fix this. EK 141 May 13, 1993 Ms. Clark: You've got two lawyers sitting up there. Mayor Suarez: Complete the presentation. Ms. Clarks You know what's going on. Mayor Suarez: Complete the presentation. Thank you. Ms. Clark: That's all I have to say, Mayor Suarez. Mayor Suarez: All right. Have a seat for a second. Let me te11 you something. The direction - the direction the Administration- right now in Washington, that you and the rest of the nation elected, seems to be taking as to these kinds of funds is that they're going to give us more discretion, rather than less discretion. So if you have - if you don't like that, take issue with the Administration. These are federal funds. We try to apply them to the best use as possible. Believe me, there's all kinds of reasons, as stated by Commissioner Plummer before, why we don't try to fund things that are classically should be under HRS and should be health concerns. We're trying to promote development, we're trying to promote improvement in the neighborhoods. Community development is what the funds are for. We think we do a pretty good job, but you have pointed out a lot of problems with your main beef, which is the Greater Biscayne Boulevard Association, I believe, and, you know, we've heard you, ma'am, more than any other citizen in any other city, in any other part of the world. If, ultimately, after making whatever corrections, improvements and additional oversights we deem appropriate for the agency that you complain about, we still decide to fund it - by the way, I think, with the support of most of the neighbors, and you don't agree with that's your prerogative. All right? No, no, that's my statement. Mr. Cayard. Commissioner Dawkins: Go ahead, Ringo. Mr. Ringo Cayard: Mr. Mayor, ladies and gentleman of the Commission, my name is Ringo Cayard. I'm representing the Haitian American Foundation, 47 Northeast 36th Street. I have to thank you for the invitation that I had last time to come back today to try to solve the problems. I want to assure you that as a citizen, when we arrive, and when we come here to see you, we basically expect to have something to take back to our organization. And we've been in existence for the past three years. The first year, thanks to some of you, and ultimately all of you, we received funding for $50,000 to put the foundation together. The reason why is because we need matching funds to make it happen. Since then, we've been having to fight, to come over here and have money, in order to have other agencies to pitch in, to help out. J. L. was talking about the sick and the hungry. We are the sick and the hungry in the Haitian community. It's very amazing to see that when they want to not let the Haitians in here, they always talk about the sick and the hungry, they are sick and hungry. When the federal government is giving the money to help the community with our sick and hungry, all of a sudden, Haitians disappeared. Nobody do anything. We have less than $200,000 out of the CDBG funds which is over $14,000,000. We have less than 200,000 for the whole community. That £K 142 May 13, 1993 • Includes all Haitian agencies. bade thought it was wise to put more funds City of Miami has more people... • County, which has a larger population for the Haitian community, and yet the Commissioner Plummer: Can I interrupt you? Frank, let me ask you a question. You know, to me - and Annie Adker and I don't always agree, but I think to term this as social services is a wrong terminology, OK? I think it's really supplying the needs of the community in these areas. To me, using that term should be feeding, medical and kids. Now, those are the three that I think really qualify for those monies. Are you indicating to me, Frank, that a foundation such as this cannot be classified as an economic development? Mr. Castaneda: No. HAFI (Haitian classified as an economic development been funded as a public service. American Foundation Inc.) has been when it has been funded. It's never Commissioner Plummer: Why 1s he here begging with his hat in his hand? Mr. Cayard: That's right. Mr. Castaneda: Because he likes to do that. Commissioner Alonso: Oh. Commissioner Plummer: Well, no, I don't think anybody likes to do that. Mr. Castaneda: No, no. Commissioners, we... Commissioner Plummer: He's damn good at it, but 1 don't think he likes to do it. Mr. Cayard: No. Let me rephrase that, Frank. Mr. Castaneda: No, no, Commissioners. For economic development, we've earmarked $800,000 in a fund, depending on what HUD is going to decide. HUD 1s now coming after - well June the 25th, by that time, we're going to have to be making the allocations. I guess the basic question is, do you want to include HAFI in the group of economic development reserve fund? Commissioner Plummer: Well... Mr. Castaneda: We already do fund a Haitian agency, which is the Haitian Task Force, 1n the Little Haiti area. I guess that's the key issue. Commissioner Plummer: I'm going to ask another question and then I'm going to ask the answer for 1t later. To me, the Haitian community and the downtown community don't get fair, proportionate dollars. So I'm going to ask you in a little while, how many dollars does the Haitian area receive, and how many dollars does downtown receive, because I think downtown gets a total, out of a million -eight, of $14,000, unless I'm... Mr. Odio: Little Havana... (Inaudible.) CK 143 May 13, 1993 i Commissioner Plummer: Cesar, I think they get a very good share of the monies. Mr. Odio: (Inaudible.) Commissioner plummer: Well,, I'm looking at the top. I'm going to start there. $308,000 for openers, that's number one on the top of the list, OK. I'm saying that I'm going to want to know that, Frank. So when you do, I think - you want to break it down? You used to do that. Mr. Castaneda: We - we... Mr. Cayard: May I finish? Mayor Suarez: Frank, as each presentation begins and you hear the name of the organization in question, tell us, because they're having a hard time deciding whether they're coming to apply under social services or economic development. Mr. Castaneda: Fine. Mayor Suarez: And tell us which it is, and please don't call out physical monies or something, because we're not sure what you mean by that, frankly. I mean, it's... Mr. Castaneda: OK. What I'm saying 1s HAFI would qualify under economic development. Mayor Suarez: All right. Ringo, you're very much at bat, it sounds like. And there's still how much unallocated of the 800,000? Mr. Castaneda: Well, what we have done is, we created a reserve fund of $800,000 to fund... Mayor Suarez: There 1s how much unallocated of that $800,000, Frank? Mr. Castaneda: There are two $800,000 Commissioners. Mayor Suarez: No, of the economic development monies for the Haitian community. Mr. Castaneda: Well, there's $800,000 in the pool. Mayor Suarez: I understand. Mr. Castaneda: Which there is 13... Mayor Suarez: How much is unallocated of that? Mr. Castaneda: Fourteen agencies, no? Fifteen agencies - there are 14 agencies, and there's $800,000, Commissioner. That... Mayor Suarez: How much is unallocated of that? Mr. Castaneda: We haven't allocated any money. EK 144 May 13, 1993 Mayor Suarei: The entire mount, all right. So he's at bat for the tOt OOo Mr. Castaneda: Yeah. Mayor Suarez: When are we supposed to make that determination? y Mr. Castaneda: in the June meeting. Commissioner Plummer: For 800,000? Mayor Suarez: All right. Ringo, you're at bat. Commissioner Plummer: Not for 800,000. Commissioner Dawkins: Hold it, hold it, hold it. Commissioner Plummer: That's not what you're at bat for. Mayor Suarez: For the next 30 days, all right? Commissioner Dawkins: I'm trying to get my - I'm trying to do it procedurally... Mayor Suarez: But please clarify. Commissioner Dawkins: But nobody don't want to recognize it. Mayor Suarez: So please clarify each one. OK, Commissioner Dawkins. Commissioner Dawkins: There was $200,000 allocated for the Haitian community. Is that a correct statement? Mr. Castaneda: That is correct, Commissioner. Commissioner Dawkins: Now, what was it allocated to do? Mr. Castaneda: We have made an actual allocation of $100,000 to HAFI for a loan to start a Salvation Army type of business. Commissioner Dawkins: To who? Mr. Castaneda: To HAFI, Haitian American Foundation. Commissioner Dawkins: All right. Now, so now, he's coming to get part of 800,000? Mr. Cayard: That's right. Commissioner Dawkins: For the same thing? Mr. Cayard: No. Mr. Castaneda: No. I assume that to do a community... EK 145 May 13, 1993 Commissioner Dawkins: No, I don't want you to assumm anything. I want you to know. Now, let's don't r see, because when they come... Commissioner Plummer: Then ask him. Commissioner Dawkins: When all these other people come back, and they say, well, you say, I assume for that. No. We need to know. �i Commissioner Plummer: Ask him. Commissioner Dawkins: No. No, no, no. I'm not going to embarrass - we pay him to know. Commissioner Plummer: I don't mind embarrassing him. Commissioner Dawkins: Well, I pay him to know. Mayor Suarez: If you know, Frank. Commissioner Dawkins: If you don't - if you don't... Mr. Castaneda: No, no. I don't know. Commissioner Dawkins: All right, we getting back. Now, was $200,000 allocated for the Haitian community? Mr. Castaneda: Right. Commissioner Dawkins: He got 1009000 - not he. The organization that he represents got 100,000. Mr. Castaneda: Uh-huh, right. ' Commissioner Dawkins: What happened to the other hundred thousand for the Haitian community? Mr. Castaneda: It is still unallocated. Commissioner Dawkins: Unallocated. And what is it for? Mr. Castaneda: For... Commissioner Dawkins: Social services, bricks and mortar? Mr. Castaneda: No, no. It's for brick and mortar or economic development type of an activity. Commissioner Dawkins: Brick and mortar, economic type of activity. So if an individual applied to us for a social service type thing and you wanted to give it brick and mortar, then you could take that money and get it out of the 800,000 and give then the brick and mortar money? Mr. Castaneda: That's correct. EK 146 May 13, 1993 Ca missloner Dawkins: Now, when Can this Commission report to these citizens how the $8009000 is going to be allocated? Mr. Castaneda: in the June meeting, we will make that determination. Commissioner Dawkins: No, no, wait. All right. Now, when you say you will make that determination - June what? Mr. Castaneda: In the June Commission - first meeting in June, Commissioners. That will be June the 17th. Commissioner Alonso: Seventeenth. Commissioner Dawkins% All right. June the 17th. Now, when will you have it in the hands of the Commissioners as your recommendations? Mr. Castaneda: The first week of June, Commissioner. Commissioner Dawkins: 13th of June? Mr. Castaneda: No, no. First week of June. No. Commissioner Dawkins: All right. The first week of June is one through five. What day in the first week of June? Mr. Castaneda: Yeah, by the first. Mayor Suarez: Try to get it by the 1st of June,•Frank, you know? Mr. Castaneda: By the ist of June, Commissioners. Commissioner Dawkins: By the first of June? Mayor Suarez: Right. Commissioner Dawkins: Now, so - and when you give it to us, they will get it? Mr. Castaneda: That's correct, Commissioner. Commissioner Dawkins: So they can start lobbying us, for what is what? Mr. Castaneda: That is correct. Commissioner Dawkins: But your recommendations will be in our hands as to what you feel is the best way to allocate the funds? Mr. Castaneda: That's correct. Mr. Cayard: May I finish my presentation? Mayor Suarez: I don't - Ringo, I love you to death. I love what you're trying to do, but what could you possibly add to this discussion? We've got social service applications behind you. You make a presentation every Commission meeting. EK 147 May 13, 1993 Mayor Suaret: And it's just not appropriate. Mr. Cayard: Mr. Mayor, I want to clarify that when I do come here, yes, I do come to beg. Mayor Suarez: What do you want to... Mr. Cayard: I do not get paid to beg. Mayor Suarez: All right. Mr. Cayard: I do not appreciate... Commissioner Dawkins: All right. That's not a good characterization. We're sorry, whoever made it. OK. Mr. Cayard: And also, the purpose of me being here is because that's the second - that's the third time I've been here on the same issue. It's not just HAfi I'm concerned about, it's all Haitian agencies do not receive the funds. Mayor Suarez: You're going to come an infinite number of times, if you come when we're not handling that particular matter. We're not handling that today. I thought when you called me outside and you asked me about it, I thought we were dealing with it today. Mr. Cayard: No. I come to have money, just like the other CDBG - I mean, the other agencies, to... Mayor Suarez: We're going to try to fit you in under the economic development. But believe me, the other groups that are here today are going to have a tough time getting any money. All right. Thanks. Commissioner Alonso: Mr. Mayor, I think it's important that we know exactly what he is requesting, because it has been so confusing with the interruptions and all. And when reference was made about the $200,000 that was set aside for the Haitian yommunity, because they were not getting anything, so we set aside 2009000, he had to come back here to receive the funding, because the money had been allocated, but not assigned to any specific organization., Then you came back. Mr. Cayard: We got a loan. Commissioner Alonso: And you were given a loan. Mr. Cayard: We can and we received a loan. Commissioner Alonso: Not even a grant. Mr. Cayard: Which, by the way, we never got in our hands. We never had one penny of that loan, so far. Two and a half months later. The Commission vote EK 148 May 13, 1993 on it, and we haven't received anything, and we complied with all the papers that we needed. So that's one issue. The second issue... Commissioner Alonso: That's something that we have to receive information. Mr. Cayard: ... the loan we got is one thing, and we were asking to be part of receiving funds to be able to pay the rent, the phones, in order to do social services, because we have... Commissioner Plummer: Worst thing ever happened to us. Mr. Cayard: ... a surplus of Haitians who need help in the community. And now, they want to do economic development. That's a different matter. Yes, we - the loan we have will go for economic development, but we do have our social services which is putting people to work, helping the people going here and there, you know, and trying to lift up the Haitian community. That's why I'm here today. I'm not here to receive funds for economic development. We got a loan for that. Now, all we're asking is, about $65,000 out of the total budget to help us going. Two years ago, June, two years ago, J. L. had to come and bail us out, and rescue us, you know, after he saw what we were doing. We came here. All of you voted to help us out. But now, in June, we're going to end up in the same problem again, if we don't have any help. Plus, we have the matching fund problems from Dade County, from PIC (Private Industry Council), and from all the other agencies who are helping us. If the City of Miami don't give, why would the other one give, when we have more Haitians in the City of Miami than everywhere else? That's the only problem that we're facing. Mayor Suarez: All right. Mr. Cayard: So that's why we're asking just 65,000, leaving enough for everybody out of that $800,000. Mayor Suarez: All right. Thank you. Mr. Godoy. Mr. Roberto Godoy: My name is Roberto Godoy. I am the executive director of Model Housing Cooperative. The City of Miami is in the midst of a major housing crisis, painfully visible by the tremendous shortage of decent, affordable housing for low income people. This problem grows daily, as owners of rental housing which comprise nearly one half of the housing stock in the City try to sell their property or convert it to some higher income use, or increase the rental. The victims of these first housing games are low income families. They are put out of their homes and neighborhood. Some move into overcrowded conditions. Some pay so much for shelter that they have little left for food, clothing and other essentials. Still, others are forced to leave the City. In accordance with the 1990 census, rentals in the City of Miami increased 81 percent for the period of 1980 to 1990, and due to Hurricane Andrew, there has been another increase of 15 percent for the last three years. That is a total of 96 increase for the last 13 years. Cooperative housing is the solution for the low income rental family who cannot afford to continue paying this increase in rentals. And to this effect, Model Housing Cooperative, a nonprofit corporation, tax-exempt under 501C-3 has been incorporated. Mayor and Commissioners, we sincerely believe that you can assist Model Housing Cooperative to develop the solution of EK . 149 May 13, 1993 converting rentals, low income families into owners. We hereby request that our petition of funding to the City of Miami for $40,000 under the Community Development 1993-1994 be granted, included in the Citywide Community Development Housing Reserve Fund Pool for $500,000. thank you. Mayor Suarez: Very good. ?hank you, Mr. Godoy. All right, sirs Mr. Castaneda: Commissioners, we have set aside half a million dollars for housing CBO's, and that, again, will be discussed in the Commission meeting in June. Mayor Suarez: What amount? Mr. Castaneda: Half a million. Mayor Suarez: All right. Explain, make sure somebody explains that to Mr. Godoy. Just as he was getting to the mike and getting ready to make his presentation, she has to tell him what to say. All right. Mr. Bernard Lack: Forgive me. Mayor Suarez: Name and organization, please. Mr. Lack: My name is Bernard Lack, L-A-C-K. I represent, I'm one of the directors of the Baccus Learning Centers. Commissioner Plummer: What? I'm sorry. You represent what, sir? Mr. Lack: the Baccus Learning Centers. Commissioner Plummer: Oh, thank you. Mr. Lack: Yes. I've been to the Commissioners many times. Some of you here, I have met personally. Some, I wasn't fortunate enough to reach, but I did talk to your aides. I just wanted to make a remark, and particularly to the Mayor, and I know what kind of job you people have. I wouldn't want your heads up on my shoulder. But to give you the compelling reason why this project should be funded, would have been well taken care of if the request that I had made this morning through the Mayor's office through one of his chief aides that Carrie Meek, our congresswoman, who has a good part of the target areas she represents in Washington has been a point person for us on the House Appropriations Committee, where she sits today trying to get through the stimulus package we all need. Now, here is the point I'm making. k asked personally for Congresswoman Meek, being on that committee, to find out where the money is that we so desperately needed. Now, I don't know why I, a lay person in the community, have to ask that question. And that's the first thing that came to my mind when I asked my board of directors that same question, and they got to work, because I thought there would be no public discussion today, until this morning when I got word that there would be, and I sent this letter to Mayor Suarez, through one of his aides, Lisa Maryland. "Please find the enclosed list of speakers or their aides requesting to be heard at the specified time frame, so as not to impede their abilities to perform their vital services to the community." That means these people wanted to be heard, or their aides, from their congress - Congresswoman Carrie EK 150 May 13, 1993 86 Meek, 17th District; Honorable Congresswoman Ileana Ros-Lehtinen, 18th District; Honorable Judge Thomas K. Peterson, 11th Circuit Court, Juvenile Division; Georgia J. Ayers, executive director of Alternative Program; T.S. Greer, deputy superintendent, Dade County Schools; Dr. James Mannis, supervisor, Department of Education, Dade County Schools; Senator Darrell L. Jones, District , promo Bator of the Family Transition Act; Mrs. Athalie M. Range, community activist; Dorothy Jacobs Fields, director of Afro- American Archives. Now, these people are people of fine repute that have served this community. I hadn't had any response. They were on call because Judge Peterson is in his chambers. Mayor Suarez: For whatever reason, sirs I have allowed you to give the entire list of the people that you think were going to be here on behalf of your particular presentation, but I am not going to now hear in each case why they're not here. Mr. Lack: I agree with you. Mayor Suarez: OK? I guarantee you that. So... Mr. Lack: I'm not - so I have to speak for them. Mayor Suarez: I am not sure what your program has to do with Community Development Block Grants... Mr. Lack: OK. I will explain. Mayor Suarez: ... and why it should be here instead of at the School Board or the U.S. Congress, but... Mr. Lack: Obviously, they can't be. There's Board of Education meetings; the Judge is in his chambers... Mayor Suarez: No, no, no, no. What does your program have to do with the Community Development Block Grant? Mr. Lack: OK. I - well, the point I'm making is, sir, I am speaking - I have to speak for these people, instead of them speaking for me. Mayor Suarez: Well, but that's obviously what we call in the law a moot question. Mr. Lack: OK, OK. Mayor Suarez: They're not here. What do you want to tell us about the program, quickly? Mr. Lack: OK. Well, I'm sorry that you didn't give them a chance. Here's my point... Mayor Suarez: No, I would have given - if any of those people had been here, I would have heard them. I mean, they're very... EK 151 May 13, 1993 Mr. Lack: Well, they couldn't be here, obviously. They have a service to perform... Mayor Suarez: Cr they don't think your program is one that they want to cow and necessarily support. They write letters supporting things. I mean, we write all kinds of letters. Mr. Lack: Welt, I want to tell you, some of these people are very incensed, and I'll tell you why. Mayor Suarez: No, no, I don't want to hear about those people. They're not here. Mr. Lack: Yeah. No, I'm... Mayor Suarez: I want to hear about your program and what it has to do with the City of Miami Community Development Block Grant. Mr. Lack: OK. Mayor Suarez, this project that we're talking about deals with human life, and that's a social service. We're talking about drugs, we're talking about juvenile offenders, we're talking about mugging in the streets, and Judge Peterson has gone all the way in recommending that the HUD projects, the HUD site projects - and I met with OTAC (Overall Tenant Advisory Council). It's the community - the Landlord/Tenant Association, and those people - and that president of that association, Helen Wack had pleaded and asked for $30,000, and not on our behalf, but she knows what's going on in these projects. Mayor Suarez: All right. Mr. Lack: And Judge Peterson says - told me to give you this message: That the Baccus Learning Centers, through, as an arm, almost, of Alternative Programs, and Georgia Ayers got up here and made that statement many a times. That the Baccus Learning Centers will interdict and dwell on prevention of these kids growing up without any self-esteem, without any education, that will resort to mugging tourists and breaking windows. Mayor Suarez: OK. George Ayers, by the way, received some funding, or traditionally has received funding from the Law Enforcement Trust Fund. If you want to check with the Administration as to how to do that, you might want to do that, OK? Thank you for your presentation otherwise. Reverend. Mr. Lack: But we have an indication through Carrie Meek's office that there 1s money here. Mayor Suarez: All right, sir. We've heard your presentation. I want to get to the next speaker. Mr. Lack: But what about the $4,000,000 that came down from Washington? Nobody... Mr. Castaneda: They did not. Mayor Suarez: I have no idea what those $4,000,000 are, sir. EK 152 May 13, 1993 Mr. Lack: Well, I'm identifying it. I am identifying it. Mr. Odic: Excuse me, excuse me, time out. We did receive monies, it's in here, $4,700,000 for housing of the AIDS, people that are sick with AIDS. Mr. Lack: Correct. Mayor Suarez: That may be the program that you're thinking about. Mr. Odic: That's in the agenda here today somewhere. Mr. Lack: Well, Judge Peterson asked me to deliver this message, if I may, and I'll step down. Mr. Odic: We did receive a grant. Commissioner Dawkins: OK. Take one back to him... Mr. Lack: That the AIDS epidemic... Commissioner Dawkins: Take one back to him that if any of the people you're talking about have AIDS, they can apply for this money. Mr. Odic: No, no, no. That is a grant we received... Commissioner Dawkins: Now, that's the one you take back to him. OK. Mr. Lack: No, it's not that, Commissioner Dawkins. I'm making the point that AIDS is contaminated - I mean it's getting contaminated through drugs and through needles and that's linkage. Commissioner Dawkins: But, sir... Mr. Lack: And we ask for - to prove a point. Commissioner Dawkins: Sir, the money is appropriated to build housing for people with AIDS. It's not provided to provide social services, medical help, or whatever to people with AIDS. The $4,000,000 is to assist in providing housing for people with AIDS. Mr. Odic: Mr. Commissioner, Commissioner, it's item 12. Commissioner Dawkins: I know, I read it. I have a copy of it. Mr. Odic: But it's not only City monies, it's for County, City, and the Beach, included 1n the four million -six seven. Mayor Suarez: Where is the Baccus Learning Center, by the way? Mr. Lack: Where is the Baccus Learning? It's seated in four areas of HUD sites. EK 153 May 13, 1993 Mayor Suarez: Not no. In Dade County, where is it now in operation, so I Can go see it? Mr. Lack: Right now, right now, we're set to go into Victory Gardens, Carol City. Mayor Suarez: Is it now functioning today? Tomorrow? Mr. Lack: No. Mayor Suarez: All right. Mr. Lack: It is not functioning because we don't have the money. Mayor Suarez: I just wanted to know if you were functioning. If you're not, that's a different thing from what I thought. Mr. Lack: How, how is - could I ask one last question, and I'll sit down. Mayor Suarez: Yes. Mr. Lack: What is the criteria of funding here? I'm a lay person, and I work very hard as a not for profit organization. Mayor Suarez: Well, we had actually closed the public hearings. We have given you an opportunity to speak along with some of the other groups. As Commissioner Plummer stated a few minutes ago, typically, we try to fund in a social service portion of the funding of community development, we try to fund things that have to do with health and feeding of people who are destitute. That's basically it. Mr. Lack: Is that the major criteria? Mayor Suarez: Yes, sir. Mr. Lack: In other words, the education and... Mayor Suarez: No. Education is classically a State concern, and a Dade County Public Schools concern; not a City of Miami Commission. Mr. Lack: And crime, crime is not included? Mayor Suarez: Oh, yes, crime is very important. That is why I mentioned, to the extent that you have have anything to do with crime prevention, you may be able to qualify for Law Enforcement Trust Funds. Mr. Lack: OK. Mayor Suarez: All right? Go ahead, Reverend. Commissioner Dawkins: Mr. Mayor. = Mayor Suarez: Commissioner Dawkins. EK 154 May 13, 1993 Commissioner Dawkins: Mr. Manager, I stilt think - Mr. Mayor - that we need to - I need to clear up the issue made* the money - see, people get half of information, and they read into the information that which they want to read into it. Now, the Manager just explained that $4,000,000 was given to Dade County, but yet, they come here to the City of Miami and say the City of Miami has $4,000,000. And the $4,0009000 1s not for anything other than assisting in providing housing to individuals with AIDS. So now, when people go out, they need to know that it's not the - the City of Miami did not make this recommendation. We did not make this law. The money was sent from Washington to Tallahassee to the City of Miami, with these specifications. This is what you do with this money. And that's why I said to you that anybody - if you're trying to help who has AIDS, who needs housing, then we can address that issue with this money. Other than that, we can't do anything with that 490000000. Now, there are other funds - I'm not trying to fluff it off. There are other funds that we should be doing some things with. But whoever told you to come et - and I don't care whether it's Judge Peterson or anybody - come get that 4900000009 it's only for housing for people with AIDS. Mr. Lack: I understand. I w111 advise Judge Peterson of that, and I thank you very much. I didn't mean to be so aggressive, but you know, we have a lot of zeal for this community. Mayor Suarez: I would think so. Commissioner Dawkins: Before you leave, please, go to the Manager, get a copy of what he has 1n his hand, and take that to Judge Peterson. You don't have to advise him, let him read it. Mr. Lack: OK. Thank you, Commissioner. Mayor Suarez: Who was the young man who graduated at the university at 16 years old? Is that... Mr. Lack: That's Dr. Baccus' son, Steven. Mayor Suarez: All right. Mr. Lack: That's Steven Baccus. He gave our community a very, very fine... Mayor Suarez: University of Miami Law School at 16 years old, I believe. Mr. Lack: Yes. Ms. Florence Baccus: Could I just say one thing? That the idea behind this... Mayor Suarez: Oh, my God. I opened up something here. Ms. Baccus: ... is why we are up here actually begging, because we know we could make a difference. We can get people off welfare, we can get children off drugs. Mayor Suarez: OK. EK 155 May 13, 1993 0 Ms. Baccus: We're both retired. We could do... Mayor Suarez: You wouldn't believe the number of programs that we fund that have to do with than. But typically... Ms. Baccus: Noj but this - if you read this, you know it will definitely happen. Mayor Suarez: No, no. Ma'am, I could not make that determination, and the police chief is the one that makes the recommendations that are typically funded by Law Enforcement Trust Fund monies; not the Community Development Block Grant. Ms, Baccus: You - you... Commissioner Alonso: I think they qualify for the Law Enforcement Trust Fund. Mayor Suarez: And you may qualify for that. Ms. Baccus: OK, thank you. Mayor Suarez: Law Enforcement Trust Funds monies. Commissioner Alonso: Yes. Ms. Baccus: OK. Thank you. Mayor Suarez: Do we have any staff person that can direct them to file an application with LETF? Commissioner Plummer: Mr. Mayor, let me go on the record for Baccus - not for or against them. But I think each and every one of us... Commissloner Dawkins: You have to pick one. Now, you got to be one or the other. Now, we're not going to let you get political... Commissioner Plummer: I'm like you, I'm a typical politician. Commissioner Dawkins: That's right. We're not going to let you be political and try to get reelected. Commissioner Plummer: Mr. Mayor, I want to just go on the record. Commissioner Dawkins: You got to be one or the other. Commissioner Plummer: The School Board has $1,00090009000 (one billion dollars) that they are raising in a fund. And 1n my estimation, when I started getting letters from the School Board members telling me that I ought to fund this, may immediate response in the mail to them was, how much are they giving, and the answer was, "nothing.' Mayor Suarez: All right. Reverend. EK 156 May 13, 1993 Reverend 5nedrick Gilbert: Mr, Mayor, Commissioners, officials, my name is the Reverend Snedrick Gilbert. I'm the assistant at Saint Agnes Episcopal Church. I am here to speak for Saint Agnes Rainbow Village Summer Recreation Program. There 1s a technicality that Frank advised me of, and I cannot understand why, because last summer, we served over 200 kids for a six -week period. This year, we plan to serve 200 plus kids over a nine -week period. Now, last year, $25,000 was left for us to kick off our daycare program, which will be kicked off sometime in the very near future. Those $25,000 we requested, and were granted permission to use those $25,000 in a daycare program. This year, I am requesting $30,000 for a nine -week period to serve more than 250 kids. We had a very successful program last year, and it is our hope that the Commissioners will consider this project sincerely, and try to not forget the youth of Overtown, because so far, I have seen nothing as far as the programs are concerned for the kids in Overtown. I ask you, please, to consider this request for $30,000. Mr. Castaneda: You're presently being recommended for 25. Reverend Gilbert: By staff or... Mr. Castaneda: Yes, by the Commission. You got $25,000 right now. Mayor Suarez: OK. Commissioner Alonso: Yes. Mayor Suarez: All right. Reverend Gilbert: So the other $5,000 will not be received? Mayor Suarez: Well, it's five sixes, you know, whatever that works out to be, I guess, 80 percent. All right. Reverend Gilbert: Thank you. Mayor Suarez: Reverend. Ma'am. Ms. Maritza Aragon: Good afternoon, Honorable Mayor and members of the City Commission. My name is Maritza Aragon. I'm director of operations for Christian Community Service Agency. I'm here on behalf of our request for a family shelter, which 1s the only family shelter 1n Dade County, serving and maintaining the integrity of the intact family. Mayor Suarez: All right. Let me ask a question, please, if I may interrupt you. Commissioner Alex Penelas from the County called a few minutes ago, and he was inquiring about what we were getting ready to do for your program, and I got all confused, and I asked Mr. Castaneda some questions about that. Any time a County Commissioner is interested, that sounds to me like they're also going to be anteing up, and I want to hear from the Administration. Make sure you're ready to answer the question of the Commissioner. Mr. Castaneda: Yeah, yeah. EK 157 May 13, 1993 MIR Mayor Suarel: And if this is somehow part of monies that we set aside or pledge from Community Development Block Grant monies for homeless programs, I'd like to know. Commissioner Plummer: And also remind than, we gave them money last year. Mayor Suarez: Yeah. Ms. Aragon: Uh-huh, Commissioner Plummer: The County gave it for them this year. Mayor Suarez: What was their... Mr. Castaneda: Right. Let me explain. last year, we gave them funds from the tax anticipation notes. We gave funds for Christian Community Service Agency, 1149269. And we also gave Little Havana Activities and Nutrition Center Pro Salud, 66,790... Commissioner Plummer: How much did this group get, Frank? Mr. Castaneda: 114,269. Commissioner Plummer: What are they recommended for this year? Mr. Castaneda: Zero. We're only recommending the.. Commissioner Plummer: All right, excuse me. As I know it - and you tell me where I'm wrong and why they don't deserve funding. This is the only organization that I know of, of all - and they're good organizations, all of them - that actually addresses the needs of the entire family. Not the man, not the woman, not the child, but ail. And how can you stand up there and say we're not going to take care of then, when you turned around and recommended a million dollars for a homeless shelter? Something doesn't make sense. Tell me, :rot friend. Commissioner Dawkins: Also, J.L., I don't understand, this shelter was started with City of Miami money. Ms. Aragon: Correct. Mr. Castaneda: That's correct, Commissioner. Commissioner Dawkins: The City of Miami felt the need to provide a shelter for mothers and children. We provided the money for the shelter. They came here last year with their hat in their hand saying that we have this need for these people, and we again gave them money. And now, here is a center in the City of Miami which the City of Miami funded and started, and then you tell them that we, the City of Miami, will not help them to continue to meet the needs of the people in the area? Why? Mr. Castaneda: Commissioners, two things. Again, we recommended maintaining the existing program because the addition of new programs causes us... Ek 158 May 13, 1993 t t I Commissioner Dawkins: Hold it, hold it. See, you... Mr. Castaneda: Otte second. Commissioner Dawkins: You go through this every time. We have a center, and you correct me now, show me where I'm wrong. Mr. Castaneda; Yeah, OK. Commissioner Dawkins: We have a center that the City of Miami built. Mr. Castaneda: Right. Commissioner Dawkins: We have a center that the City of Miami assists in funding. Mr. Castaneda: Right. Commissioner Dawkins: And then you tell me it's a new project. Now, explain that to me. Mr. Castaneda: Well, Commissioner, it was built with funds other than Community Development. It was built with McKinney Act money... Commissioner Dawkins: No, no, no, no, no, no, no. Now, it's in operation. How long, how many years have you been in operation? Ms. Aragon: Three years. Mr. Castaneda: Three years. Commissioner Dawkins: It's been operating three years, and then you come and say it was not funded because we are not funding any new programs. Now, explain that to me. Mr. Castaneda: Well, what I mean by no new programs, under the Community Development Block Grant Program, to fund Christian Community Service, and to fund little Havana would mean having to reduce other agencies. If you want, I can show you... Commissioner Dawkins: I don't want you to do anything but explain to me how an organization that's been operating for three years is classified as a new operation. That's what I need for you to explain to me. Mr. Castaneda: Well, because they haven ever been funded under the Community Development Block Grant Program. Commissioner Dawkins: Say what, now? Mr. Castaneda: They have never been funded under the Community Development Block Grant Program. Commissioner Dawkins: And that's a criteria that we set up to not fund any additional programs, is that if it has never been funded with Community EK 159 May 13, 1993 AM qV Development block Grants, therefore, it's a new grant, and we will not fund Mr. Castaneda: That's right. Commissioner Dawkins: That's the criteria we set up? Mr. Castaneda: That's right, Commissioner. Commissioner Dawkins: This Comission? Mr. Castaneda: No. That's what staff is recommending to you. Commissioner Alonso: His staff. Commissioner Dawkins: OK. But you see... Mr. Castaneda: But 1f you want... Commissioner Dawkins: You see, there again, you have to explain to the citizens. See, when you say this Commission set that policy, we didn't. Mr. Castaneda: No, you did not. Staff did. Commissioner Dawkins: Staff decided to do that. So therefore, the people should know that's staff's recommendation. Mr. Castaneda: Sure. Commissioner Dawkins: And that we don't necessarily go along with that. OK. Mayor Suarez: All right. By the way, needless to say, you are, I'm sure, up to bat with the County with the food and beverage tax, and McKinney Act funds, and anything else that we can get our hands on. Ms. Aragon: Absolutely. Mayor Suarez: OK. Did you want to just go ahead and state your need and see what... Ms. Aragon: Yes. We're requesting 100 and - I think the request this year is for $115,000. We do have a request pending before the County. They have not funded us out of CDBG money in the past, although we have a partnership with them for transportation and case work and all of that. Commissioner Plummer: In all fairness, they never had the two percent before either. Ms. Aragon: That's true. Commissioner Dawkins: And also, you go back and you tell them at the County, because I heard a Commissioner say that the City of Miami was supposed to take care of the City of Miami. Explain to them that when Miller Dawkins, a City resident gets his tax bill, on his tax bill, it says Dade County tax, and I EK 160 May 13, 1993 pay bade County tax also. So he should fund something, they should fund something in the City of Miami. Ms. Aragon: I think it also might help clarify a reason why New Life Family Center was not on the CBO funding roll for Community Block Grant social service money early on, and that was the first two years of operation, we were fortunate enough to be one of the agencies receiving Posner money. It was our decision at that time after talking with the City of Miami, that rather than touch public dollars that could be used elsewhere, we would make use of these private dollars while they were available. So, for two years, we did not have to come and ask for operations dollars, because we had that. That money is no longer available. Commissioner Plummer: Answer this question for me. Commissioner Dawkins: The $114,000 will service how many clients for the year? Ms. Aragon: It will serve over 500 families, sir. Commissioner Dawkins: And an average family 1s how many? Ms. Aragon: Five. Commissioner Dawkins: So you're talking about $114,000 for 2500 people? Ms. Aragon: That's correct. Mayor Suarez: That's incredible. OK. Commissioner Plummer: Can I ask you a question? Because you're more familiar than all my high priced help. How much is the proposal for the homeless tax? Mayor Suarez: The food and beverage tax, I think. Commissioner Plummer: Is it one or two percent? One? Ms. Aragon: One percent. Commissioner Plummer: Well. why did I pay two percent yesterday, other than I'm a big dummy? Mayor Suarez: Somebody stole it from you. Commissioner Dawkins: You're a funeral director. Commissioner Alonso: But it's not even enacted. Commissioner Plummer: I bought a cup of coffee yesterday at the Dupont Plaza. I paid six and a half percent, plus two percent. Ms. Aragon: Sir, I think they... EK 161 May 13, 1993 r , _ ,gyp t - Commissioner Alonso: Because you drank more than one cup. They charged you - for that. Ms. Aragon: Yeah, it's one percent for the homeless, one percent for cultural arts. Commissioner Plummer: That's the two? Mayor Suarez: No, no, the second part didn't pass. Commissioner Plummer: No, that's a different one. Ms. Aragon: That's a different part. Mayor Suarez: The second part didn't pass. Commissioner Plummer: And now Ron Silver is talking about one more sales tax? Mayor Suarez: Would you check why the Commissioner paid eight and a half percent? I have not heard of anybody paying eight and a half percent yet, because that hasn't even been promulgated yet at the County level. Thank you. I can't imagine that we would let Christian Community Services not be able to operate. Somehow between now and the end of the fiscal year in question, which is July, we'll have to figure out something, and you might be advised that in the battle between those who would want us to spend a food and beverage tax to create homeless assistance centers somewhere, sometime, and those who want to apply the money right away with the existing agencies to expand your capacity to take care of the homeless that we have in downtown Miami, we're making great progress, and I'm pleased to hear that certain County Commissioners are lining up, I think, to be supportive to the way that this Commission views it, and I certainly view it, and I think you view it, which is to go to the existing providers. I can tell you more about that privately. Ms. Aragon: Well, I think it's - I mean, I think this Commission should be very proud of the New Life Family Center and what the City was part of. And I think it's a model that we should now replicate with those additional dollars. Mayor Suarez: Very good. Ms. Aragon: And we know it works, so I think... Commissioner Dawkins: I agree with you totally, but you should represent - make duplicates in Miami Beach, Coral Gables... Ms. Aragon: Yes, sir. Commissioner Dawkins: Bal Harbor, and other areas that got tax bases much greater than the City of Miami. Ms. Aragon; Well, that's what we would like... Commissioner Dawkins: Especially Coral Gables. EK 162 May 13, 1993 Commissioner Plummer: they don't give out a dime. Ms. Aragon: that's why we would like to see some of that money used. Mayor Suarez: OK. Ms. Aragon: Thank you. Mayor Suarez: Ma'am. Ms, Lisa Scuddy: My name is Lisa Scuddy, and the address is 227 Northeast 17th Street, I'm with the Miami Coalition for the Homeless, and I spoke to the Commission on March 11th, and basically, the staff recommended that we do not get funding. We asked for $45,020, and the Commission recommended... Mayor Suarez: Oh, for the networking program, for the electronic... Ms. Scuddy: Yes. Mr. Castaneda: Commissioners, let me correct her. That has been changed. They are recommended right now for funding at $22,610. Mayor Suarez: We're going for half. Let's make sure the County gives you the other half. Ms. Scuddy: OK. Because I thought that it was going to be - we were going to get 25. Why 1s 1t less now? Mayor Suarez: Well, we can't spend the rest of the afternoon arguing about the difference between 22 plus and 25. So let's ,just make sure we get the 22 plus. Believe me, if it comes out to just that little difference, we'll find the money somewhere. Ms. Scuddy: OK. Thank you for your support. Mayor Suarez: All right. Mariano. Commissioner Plummer: So far, that's the only one went away happy so far. Mr. Mariano Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street. Commissioner Dawkins: In Miami? Mr. Cruz: In Miami, in Allapattah, right. And... Commissioner Plummer: I thought it was Comstock. Mr. Cruz: I reside there, in the City of Miami, since 1962 and in Allapattah since 1965. And also, I come here as a founding member of the Dominican Community Association, a member since 1967. Primer Festival de Merengue, First Merengue Festival. This year we will have the Seventh Festival of Merengue at Bayfront Park, August 15. I don't come here asking for any social program thing. The funding that we're asking is from the other 85 percent. Since I came, and during the City budget and they cut the Parks EK 163 May 139 1993 f budget. Nothing was done. And there is always money for something else, but no money for parks or for children, and that's one of the things that Commissioner Plummer mentioned, health and children. And it's very important, because we're not talking about taking care of people after the problem. Before. In a way, the parks are like a social program. The 85 percent capital improvement should be used for physical park. Many people have told me there to the neighborhood, you waste your time by going there to the City Commission. They never do anything here. They never will build anything in the park. You know why? Because many people come from the Dominican Republic, from Nicaragua, from Cuba, and they were used to the way things were done there, or the way things are done now. But we are - I told them, we are in the United States. We are in Miami. We don't live in Cuba, we don't live in the Dominican Republic, and we don't live in Central America. We live in Northwest 26th Street, 27th Street, 17th Avenue, whatever, in Allapattah, in Miami. And things are done according to the system. This is a country of laws, and the people have power. We have the power to come here. Digo, we pay taxes. Many people still - like to me and to Victor, it costs money to come here. So we don't - we don't lobby for us. We come lobbying for the children of the community. The voiceless children out there in the park playing now, the dysfunctional... Mayor Suarez: Well us though, Mariano, because you started off talking about the festival, and now you're talking about the park. Mr. Cruz: No, no, no, that's the introduction. Mayor Suarez: OK. Mr. Cruz: That's a - because you don't know the people. See, many of you are at the Dupont Plaza and Dinner Key, but never travel through the neighborhood. Mayor Suarez: OK. I got a quick question for the staff... Mr. Cruz: Right. Mayor Suarez: ... and the manager. When are we going to get the parks up to speed, Mr. Manager? I keep getting complaints. Allapattah Comstock, of course, is one of the parks that I keep getting complaints about. I hope that we don't keep hearing that it's somehow dependent on FEMA (Federal Emergency Management Agency.) Mr. Odio: No. We are... Mr. Cruz: No, no. He promised that years ago. He told me, you will get it. I'm still waiting for that. Mr. Odio: No, wait. Mr. Cruz: Yes. Mayor Suarez: No, no. But we're talking about now, at least to be back up to the level that we were before the hurricane. EK 164 May 13, 1993 ER" .. i - Mr. Odio: We have an issue - we have issued contracts on fencing, on lights. That has all been done. The trees have been replanted. Mayor Suarez: So as far as the physical plant, we are in the process of completing all the restoration* right back to where we were before the hurricane? Mr. Odio; Hopefully, Mr. Cruz: Wait a minute. Commissioner Dawkins: But you know what, Mr. Mayor? Mayor Suarez: Yeah. Commissioner Dawkins: Mariano... Mr. Odio: It will never be the same. Commissioner Aionso: It's not the same. Commissioner Dawkins: He comes here year after year, and we go through this, all right? There was a time when we had to fight to get money for Dorsey Park, Gibson Park and William Park. We fought. Then they came and said we were not doing anything in the Wynwood area, and we did for the Clemente Park. Mr. Cruz: One point... Commissioner Dawkins: Then they came and said we were not doing anything for Citrus Grove, and we spent $5,000,000 in Citrus Grove. We have yet to allocate or identify any substantial amount of money to upgrade Shenandoah Park. Now, it's time that a priority be set and that just like we did Morningside Park - we've done something in every park except this park. Mr. Cruz: Comstock Allapattah. Commissioner Dawkins: Comstock Allapattah. Mr. Cruz: Not Shenandoah. Commissioner Dawkins: I mean, and like he says, all we keep hearing is, we're going to get to it, and the Manager just said it will never be up to what it was, but somewhere along the lines - how much money... Mayor Suarez: The parks improvement program total was 8.3 million. Commissioner Dawkins: How much money did the City of Miami receive from FEMA for damages to City of Miami Parks? Mr. Odio: The total figure, I think the last number I saw... Mayor Suarez: That's the one he's asking for. Mr. Odio: ... the total figure was about $21,000,000. EK 165 May 13, 1993 1 5 Commissioner Dawkins: $21,000400. Mayor Suarez: No, no, parks, parks, parks, parks, please. Mr. Odio: Well, I have to break that down. Mayor Suarez! All right. Does somebody from the parks know? Commissioner Dawkins: No, no, wait a minute. Hold it, now. Now, wait now. Twenty-one is about right. Mayor Suarez: No, that's... Mr. Odio: We spent it - by the way, we just replaced the lights at Allapattah Comstock, $2609000. Commissioner Dawkins: See, but - see... Mr. Cruz: The fence is down, no security lights, no nothing, the bathrooms are closed. Mr. Odio: I just told you, we gave the... Mr. Cruz: ... on Sunday. Don't tell me that. Commissioner Dawkins. OK. Mr. Manager, Mr. Mayor, schedule for the next meeting somebody to come here and tell us with graphs... Mr. Cruz: A mi me paga el correo. A m1 no me paga el. The past office pays me. Commissioner Dawkins: ... what you're going to do at Comstock Park, with some benchmarks, so that each month, we can look at the chart and see where we are, and what we didn't do, and why. Can you do - would you do that at the next meeting? Mr. Odio: Yes. Mayor Suarez: And in line with the same thought, Commissioner Dawkins, in the next budget, let's see if we can't find some money to bring that park totally up to speed, just like we did 1n the past, wherever we have to find it, Including when we sell City land, when we sell some properties. Allapattah Comstock really, really should be in tip top shape. It's a magnificknt park and a... Commissioner Dawkins: Mm-loom, it should. Commissioner Alonso: Have they come with a budget of things that have to be done? Mayor Suarez: That might be helpful, Mariano, if you could prepare a budget. Commissioner Alonso: They have to do that. EK 166 May 13, 1993 Commissioner Dawkins: OK. Now..* Mr. Cruz: On Sunday afternoon, I was there 6:00 p.m. I went there, and t started counting people there, people playing soccer by... Mayor Suarez: It's incredible, it's Incredible, very active. Mr. Cruz: Now, when I get to 167 people, I stopped, and there still were a bunch of people playing softball in there. And the bathrooms were closed. Everything. You know why? I asked one of the part-timers another day. He said, well, the reason is because there 1s no part-time or anybody to take care after 6:00 here. We're here till 5:00. Then at 6:00, is - the park is supposed - summertime, it says specifically, sundown. And sundown is eight something. It's not 6!00, 5:30 p.m.. Because there is no money to pay part- timers, but there is big money to pay a lot of assistants that go around there with a clipboard, doing nothing. Mayor Suarez: Well, that's - that's the other - wait, Mariano. That's the other thing. Mr. Manager, the parks in the City of Miami, including the ability to use the bathroom facilities, should be included in the general operating budget of the City. I don't care if it means that we have to get rid of some planners, some community developers, some people in other staff, if you want my vote. We have to have this totally up to speed. Mr. Cruz: Right. And that's a City service. It's not - the City is not meant to take care of the... Mayor Suarez: Mariano, we're taking your side in this. Commissioner Dawkins: We're with you, we're with you. Mr. Cruz: OK. You know, one other thing I'd like to - in a way - because you're talking about social services, you know that the park, in a way, is a social service, a beginning social service. Commissioner Plummer: Boy, I'm sure glad the public hearing was closed. Mr. Cruz: Because a lot of the problems that we have with the crime come from the dysfunctional family. You go and look at - Vice President Quayle was right, because I've been to the park and coached leagues there, and many kids come to me, "Hey, daddy, daddy, how are you?" Because they - in a way, the coach and the people there act as foster parents, anyway. It's very important. Now, sure, there is - you know what happened? There 1s no money. There's no business in parks, because with a soccer ball, 1t costs very little, and with a few bats and a ball, you are in business. Commissioner Plummer: I'm sure glad we had no public hearing. Mr. Cruz: Or go to jail. Oh, that's big business. Consider that just one jail in my neighborhood got a $12,000,000 budget. That's one that - -South Florida Evaluation and Treatment Center - $12,000,000 budget. I'm not talking about- what's the name - Turner, Gilford Knight, and the other one that we got In the neighborhood there. Because we're talking about millions, and millions, and millions of dollars. EK 167 May 13, 1993 Mayor Suarez: All right. Mr. Cruz: Judges get money, police get money, expert witnesses, psychiatrists and psychologists, but there is no money in the parks. That's what the problem is. There's no money with children. Mayor Suarez: The best way to prevent people having to go into jail is to have programs for the kids. All right. Commissioner Alonso: OK. Now, in order to... Commissioner Dawkins: Mr. Mayor, Mr. Manager. Mayor Suarez: Yes. And then Commissioner Alonso. Commissioner Dawkins: What is the status of the repairs to Williams Park pool? Mr. Odio: I have to get that information. I don't know. Commissioner Dawkins: OK. All right. At the next meeting, tell me that it is ready and that it will open for the summer. Commissioner Alonso: May I respond to that, Commissioner? Commissioner Dawkins: Yes, ma'am. Go right ahead. Mr. Odio: We had - Williams Park has... Commissioner Alonso: I've been working with the Administration on Williams Park. Mr. Cruz: Go there on a Sunday. Mr. Odio: That was concluded. Commissioner Alonso: They prepared a list. They prepared a list. I went to the park. The neighbors and the Optimist Club that was just established, we worked together. We presented the list to Al Ruder. We've been working with the neighborhood, and I think he's ready to come up with all the information of the things that have to be completed. Mr. Alberto Ruder: Yeah. Commissioner Alonso: He told me the funding is available and that... Mr. Ruder: Yeah, the pool was finished last year, and it's going to be opening this summer. The Williams Park Pool, I'm talking about. Commissioner Alonso: Yes, but then there were a few things... Mr. Ruder: Yeah, there's some other... Commissioner Alonso: ... that had to be replaced. EK 168 May 13, 1993 w 11 Mr. Rudert Yeah, yeah. Commissioner Dawkins: Say what, Mr. Ruder? Say what? Commissioner Alonso: Some funding that I had available, I passed to the parks so that they can use it for furniture and so on. Commissioner Dawkins: What did you say, Mr. Ruder? Mr. Ruder: The pool will be open for the summer season in the next month, Just like all the other pools. It's in good shape. It's a brand new pool. Commissioner Dawkins: OK. And it is complete? The pool... - Mr. Ruder: For Williams Park, yeah. Commissioner Dawkins: The Williams Pool Park renovation is complete? Mr. Ruder: The pool 1s. There's still - there's still some other... Commissioner Alonso: There are things that have to be completed. It's not finished. Mr. Ruder: There's a basketball court that was awarded, I think, two meetings ago, and a basketball court that has to be built, and that there's some landscaping to do, but the pool is finished. Commissioner Dawkins: Well, OK. Then let me rephrase my statement. Will Williams Park be fully operational when the kids get out of school for the summer? Basketball courts, pool, baseball diamonds, and what have you? Mr. Ruder: The courts will probably not be done, but everything else will, and the park will be operational. Commissioner Dawkins: And why not? Why won't the courts be finished? Mr. Ruder: Well, the bid was just awarded. We were going to try to speed it up and tell - we're going to tell the contractor to do 1t right away, but it might not coincide exactly with the... Mayor Suarez: Well, see if you can make it coincide exactly. Mr. Ruder: OK. Yeah, we'll... Mayor Suarez: Ruder. Mr. Ruder: OK. Mayor Suarez: have it ready. Mr. Ruder: OK. You've been known to do that 1n other cases, rather well, Mr. And count on this Commission for whatever support you need to EK 169 May 13, 1993 Mayor Suarez: We want all the parks to be ready for the summer. Commissioner Dawkins: And we don't want anybody hurt trying to swim or play whiles.. Commissioner Alonso: It's not ready at the present time. Commissioner Dawkins: ... white somebody is out there fixing the basketball court, and the City gets sued. We don't need that, Mr. Ruder. Mr. Ruder: OK. Mayor Suarez: All right. Commissioner Dawkins: Thank you. Mayor Suarez: Thank you both. Thank you, Mariano. Commissioner Alonso: Mr. Ruder: Do you have the list as it was prepared? Mr. Ruder: Excuse me? Commissioner Alonso: Do you have the list? Mr. Ruder: I don't have it here with me, but... Commissioner Alonso: They gave it to you, with all the things that are Incomplete? Mr. Ruder: Yeah, yeah. Commissioner Alonso: Thank you. Mayor Suarez: All right. We have a couple of presentations left and we're finished with this item. Mr. Cruz: Money - no, no. Specific money, we're asking. I don't know how much money it cost, according to the park, but I think it cost over half a million dollars to - building and resurface the courts, the fence needs to be repaired, put up a new fence, like a soccer place there to play, and now, we even got trees down from Andrew still there. Still there in the park, the big trees. Still there in the park. Mayor Suarez: Yeah, yeah. Mr. Cruz Because I saw them, I saw them. I was there yesterday, I saw them. Commissioner Dawkins: But, Mr. Cruz, you've been coming here long enough not to go away like this, all right? Mr. Cruz: I know. No, but you know... Commissioner Dawkins: You know it takes... EK 170 May 13, 1993 111 Mr. Cruz: ... I am persistent. Commissioner Dawkins: Yeah, but 1t takes... Mr. Cruz: I go... Commissioner Dawkins: But listen, though. All right? If you leave here today, you need to know from the Manager what day they are going to put out the RFP (Request for Proposals) for an architect, landscape architect to come out and lay the park out. You're going to need an estimate. Then you're doing to need to know when they are going to put it out for bid. Because, you see, you'll come out here next time thinking that they've done this, and they'll say, oh, no, we've got to put out a bid for a landscape developer, and we won't get nothing done. So you need to go over there with them, and have them give you a timetable of what they're going to do. Mr. Cruz: Wait a minute. I'd like to know one thing. Is the money already allocated for that? Mr. Odio: Yes, and it's two weeks... Commissioner Dawkins: Mr. Cruz... Mayor Suarez: Now, we're talking about two different things. Commissioner Dawkins: Mr. Cruz... Mayor Suarez: Wait a minute. Commissioner Dawkins: Mr. Cruz, you've been coming down here long enough to know that if you get something on paper, you'll get the money. If you get the money, you may not get 1t on paper. Now, you've been coming here long enough to know that. OK? Mr. Cruz: But what answer do I give to the children when they ask me they are not able to do homework, because it is raining, and there is no recreation room there? Because they went to Grapeland and to Williams... Mayor Suarez: Mariano... Mr. Odio: Just a minute, Mr. Mayor. Mayor Suarez: Mariano, we've heard your item and we're going to do the best we can. It's not even particularly related to community development, although you... Mr. Cruz: Yes, CD (Community Development) money. Mayor Suarez: Wait, sir, Now, I'm talking. There is a memo on my desk responding to the U.S. Conference of Mayors, to make sure that the Community Development Block Grant monies can be used for recreational programs. You know, there was a great deal of battle on the Hill from the Republicans and from other people who felt that's not an appropriate use of the money. The EK 171 May 13, 1993 U.S. Conference of Mayors supported it. We're on your side. Locally, we're telling the Manager, do whatever you have to within our budget to make sure that we have enough for the recreational programs. That's been a battle of yours for many years. The physical plant of the City of Miami's parks, since you've been in that battle, at least since I've sitting on this chair, has improved enormously. What we now need to do is make sure that we're right back to where we were before the hurricane, and also have additional supervision and maintenance employees for the upkeep and for the bathrooms to be open, etcetera. So we're getting there. So you can tell that to the kids, and we don't always have a hurricane. This hurricane has given us the opportunity to improve the physical plant of a lot of City facilities, to the tune of 20 some million dollars. So... Mr. Odio: Mr. Mayor, let me tell you what he wants. He didn't say. What he wants is from the allocations that we have set aside on block, brick and mortar monies, to take 400 and - it's $450,000 to build a new recreation building over there. That's what he asking for. Mayor Suarez: I'm not sure if that's what makes sense to do, but I have no problem with 1t conceptually. I mean, it sounds like a good idea. Commissioner Dawkins: There you are, there you are. Mr. Cruz: Listen. The City, the County, the State, they spend millions and millions putting in Allapattah everything that nobody wants. We want something good. Mayor Suarez: You said that, you said that, you said that. And we heard you, we heard you. Mr. Cruz: Come on, don't give me that. Commissioner Dawkins: Everybody out there, everybody, go over to the Manager, get you some applications so that when the money that the Mayor is talking about comes down, you got a blueprint to spend it. Don't wait until the money gets here to come down here and start talking about getting an architect to draw the plans and put it out for bid. Get 1t on the drawing board now. Mr. Cruz: No, wait. The money I'm asking for is specifically the money on item 30, money from Community Development Block Grants. That's my money, too, because I send a lot of federal money to Washington. I want some of that. I pay not so much in City taxes, but I pay a lot 1n federal money, and my family. Mayor Suarez: All right, all right. Mr. Cruz: So I'd like some of that money going back to my neighborhood. Mayor Suarez: OK, Mariano. Have a seat. development money has not been allocated then? Mr. Odio: $850,000. How much of that economic EK 172 May 139 1993 s Mayor Suarez: And do you have any of that, in fact, contemplated for the use of the - Mr. Cruz, I love you to death. Have a seat, sir. Mr. Cruz: OK. Mayor Suarez: Your presentation is completed. Mr. Odio: Those monies have been - have not been allocated at all, and they could be used for the purpose of a recreation building. Mayor Suarez: All right. Does this Commission need to make a determination on that today? is that one of the things that is up for... Mr. Odio: You may do it today, or the next meeting, but... Mayor Suarez: 1 think that in Allapattah, any project of physical improvement, and if the parks department thinks that particular facility... Mr. Odio: I would recommend that we do the recreation building. I would. Mayor Suarez: I don't know. Do you need a vote from this Commission or do you want to... Mr. Odio: Yes. Mayor Suarez: ... put together something and have us vote on it in June? Mr. Odio: No, you need a vote. Commissioner Plummer: So move. Mr. Odio: Move 450,000 for the recreation building. Mayor Suarez: So moved. Commissioner Dawkins: Second. Mayor Suarez: It's from the economic development portion of Community Development. Mayor Suarez: That 800,000 has been bouncing around all day. Mr. Castaneda: Commissioner, it's from contingency. It is from contingency. Commissioner Plummer: Call the roll. Mayor Suarez: All right. So moved and seconded. Any further discussion? If not, please call the roll. EK 173 May 13, 1993 A. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-309 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $450,000.00 FOR THE CONSTRUCTION OF A NEW RECREATIONAL BUILDING IN ALLAPATTAH COMSTOCK PARK IN WYNWOOD FROM COMMUNITY DEVELOPMENT PHYSICAL IMPROVEMENT CONTINGENCY FUND. Upon being seconded by Commissioner Dawkins, 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 Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: I was going to vote against it, because he was being obnoxious, but I think it's really needed. So despite the fact that today he was a little bit out of hand... Commissioner Alonso: What is the vote for? Commissioner Plummer: $450,000 community center in Mariano's Park, from the 850 recreation. Commissioner Dawkins: But everybody needs to know, the 800,000 is down to 400,000. Mayor Suarez: Right. Commissioner Alonso: I vote yes. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Yes. And I hope that, Mariano, you are as intense about making sure that the expenditures get done, and the improvements get done, and the architectural renderings, and everything else. The next thing you're going to say is they need to hire an architect, and for that, they need to have RFP's. I have no idea why good old Mr. Ruder, and Diane and Jim Kay and them can't put together a nice little plan for community centers or recreational centers. They've done... Commissioner Dawkins: They could get it done pro Bono. EK 174 May 13, 1993 XV 1.. Mayor Suarez: Right, or get that done pro Bono. Who is our favorite architect that's been getting a lot of City business? Let's see if we can find somebody and do it. Got an idea? There we go. And we bypass the whole process of bidding. Commissioner Alonso: And I'd like to meet with you about Williams Park, because I thought that you had the situation a little bit more clear, and by your answers, I notice that you don't have it, even though we prepared a list of the items that we felt had to be completed. And there is a lot to be done. Mayor Suarez: And please bring Elaine and your daughter, your lovely daughter next time. Maybe they can kind of keep an eye on you so you don't get out of hand. All right, ma'am. Yes. Quickly, we've got to go through two or three more of these, and then we've got to go into some other items. Ms. Betzaida Ferrer: I am Betzaida Ferrer, the State director for the National Puerto Rican Forum. I have been in the Wynwood area for the last 16 years. I... Mayor Suarez: But do you live 1n the Wynwood area? Ms. Ferrer: Very close. Mayor Suarez: All right. Ms. Ferrer: But my son does live in Wynwood, OK. And I want to state for the record that we were funded by the County for $600,000 last year. We provide service of education training and employment to residents of the Wynwood area, and mainly City residents. Unfortunately, because of the hurricane and the power outages, all our computers not only were erased, but they were seriously damaged. We appealed to FEMA. It 1s at the State level, and they will help us repair the computers. However, for the funding that is to go into effect July ist, which the County has already awarded the first 153,000 to begin program start-up, I cannot get the educational system that went with the computers, because they are outdated, so I would have to buy a whole new curriculum, and I can't do it with the County funds, because they have a clause that says that they cannot have that type of expense within the monies coming in. Commissioner Alonso visited our center several years ago, and I have invited the Commission here. It puts us in a very difficult spot because we have the funding to begin, but now we don't have the software and the curriculum that would have to go with the computers that will be coming in. An IBM system will be coming in that FEMA will support, but I am going to need another additional 35,000 to just put our equipment, and we do from people who can't read or write all the way to college prep. I also want to let the Commission know here, the City of Miami, that our participants are from every ethnic group, and that, for example, now that we're running the emergency workers program, 50 percent of our population seeking appeals are Haitian, and we do the translation on the appeals for these people. The programs - 1t is crucial in the Wynwood area. We are the only service provider that provides that kind of training for the Hispanic and the Haitian. We now have another agency providing to the black population, but no other for the Hispanic or the Haitian population that has this type of program. I am therefore requesting two allocations, if possible from emergency funding, if you have a contingency fund. One is 35,000 to replace the software that goes with the educational EK 175 May 13, 1993 .. T— _ i — '�§ �' � f .' a' i•+?y".� ..hra�"i" � 777% � � � A packages to service the people from the City; and the second I$ MAN for a special counselor. We are getting a lot of people with AIDS, and the Emergency Workers Program ends May 31st. these people will be left out without - not only housing - without jobs, and with nothing, out on the street until the programs start up July 1st. Mayor Suarez: All right. Commissioner Piummer: Ma'am, you want $35,000. If you were sitting in my chair, who would you take it from? Ms. Ferrer: If it's in cement, and bricks and mortars, I certainly think that 1f you've got a lot of money, maybe a little of that can be applied. Mr. Castaneda: Commissioners, let me say something. Commissioner Plummer: Here's the list. Mr. Castaneda: They never applied. Mr. Odio: They never applied. Ms. Ferrer: Right. Commissioner Plummer: Here's a list. Who would you take it from. Ms. Ferrer: OK. Commissioner Plummer: It's got to come from somebody. Somebody's got to be cut to help you. Mayor Suarez: All right. In your particular case, you also have to make sure you apply within the fiscal year, and I think we're pretty close to beginning the process for the next fiscal year, so sometime in the fall you'll be able to apply. Ms. Ferrer: In June? When is... Mayor Suarez: I guess it's after July. Ms. Ferrer: After July. All right, thank you. Mayor Suarez: All right, Betzaida. Yes, sir. Mr. Odio: Tell Mariano Cruz we are going to name the building after him after he dies. Commissioner Plummer: Only if he dies this weekend. Mr. Odio: I think, Mr. Mayor, we should name the recreation building in Allapattah Comstock after Mariano Cruz when he dies. Mr. Cruz: Oh, my God! EK 176 May 13, 1993 11 Commissioner Plummer: Only if he doesn't make it this weekend. Mayor Suarez: Yeah, whichever comes first, let's hope that he... Mr. Odio: Mariano.., Commissioner Plummer: Watch your language. Mr. Odio: ... Mr. Plummer needs some business. Mayor Suarez: Yes, sir. Mr. Gary Jean Enard: Honorable Mayor, distinguished Commissioners, staff, my name 1s Gary Jean Enard. I am here on behalf of HACAD, the Haitian American Community Association of Dade County. We've been 1n existence for about 19 years now, and I see so many familiar faces when I come here. I would like to congratulate you for a tough, hard job you have been doing, and would like to thank you also for allowing me to express myself on behalf of my community here. We provide a long list of free services to the community. Employment services, counselling to AIDS patients and HIV infected Individuals and relatives. We are also... Commissioner Plummer: Sir, excuse me. Mayor Suarez: What is the recommendation in regards to HACAD? Mr. Odlo: We have recommended it. Commissioner Plummer: He's been recommended for funding. Mr. Castaneda: Yeah, them recommended it for funding. Mayor Suarez: OK. Mr. Odio: What 1s he talking about? Mr. Enard: OK. The recommendation 1s for 33,000 from 141 we requested. Mr. Odio: Look, I said... Mr. Enard: This situation is... Mr. Castaneda: 49,696 is the recommendation. Mayor Suarez: Forty -nine -six... Mr. Castaneda: Six ninety-six. Mayor Suarez: OK, that's almost $50,000. Mr. Odio: Mr. Mayor, and they need to get their act together. They have had some problems there. The executive director just resigned again or something. Mr. Enard: Yes, indeed. EK 177 May 13, 1993 Mr. Odio: And then after that, we should consider... Mayor Suarez: Who is the next executive director? Mr. Enard: We have an acting executive director, and we have been - we are under • we have been to conduct some interviews for a temporary appointment very soon. Mayor Suarez: It's extremely important that the organization be operated and managed very tightly; otherwise, it gets us very nervous about the funding. OK. Mr. Enard: Can I add something? Mayor Suarez: Sure. Mr. Enard: OK. I was not going to mention a litany of complaints such as police response and crime in the community, what have you. I was going to mention briefly that the requested - the amount we requested is very needed for the community as part of a long range of services that we're trying to provide. The board of directors and the staff have been very creative in supplying some of the services that we are not funded for, and since the recommendation is for the amount mentioned, I will not take any more of your time. I thank you. Mayor Suarez: Very good. Mr. Enard: And hopefully next year, we can have more to try to help and circumvent some of the problems we're having, such as younger - youngsters being arrested and spending time in jail. We think sincerely that we need some alternative programs to keep those youngsters from the streets, such as youth counselling so they will not be on the street committing crimes, and instead, being prepared to be productive members of the community. Mayor Suarez: Very good. All right. Mr. Turkel. Mr. Enard: Thank you. Mr. Leonard Turkel: Mr. Mayor and Conmissioners, my name is Leonard Turkel, 2871 Oak Avenue, Miami. I am the president of the Board of Directors of the Ann Marie Adker Overtown Community Health Center, and I would just like to _ take a minute. I know Ann Marie was up speaking earlier. I'd just like to take a minute to explain what we are, who we are, what we do and why we consider the funds important. The money that we requested has been recommended by the CDBG Board. We are on their list of recommended funding. We are not on the staff list, simply because the staff will not fund any new programs. We have been in business for a year and a half. Prior to our opening on November 20th of 1991, and for 20 years before that, there was no health care 1n Overtown at all; no public doctors, no private doctors, no clinics, and no health centers. So it meant that if you were sick and you lived in Overtown, you went to the emergency room at Jackson for your primary - care. And Jackson Emergency Room is a wonderful place, but it is not a place for you to go if you are pregnant, if you are elderly and have chronic EK 178 May 13, 1993 M illnesses, or if you are a young child and are sick and stay home from school. Since we have been open 18 months ago, we have treated more than 6,000 patients. Our funding - and we are the only community health center in South Florida that is in entirely 100 percent privately funded. We get no public funds, although we try. We failed recently with a federal grant application. We are going back this month again, as well as other attempts. You talk about community and economic development, and I just want to tell you a couple things about that. In our prenatal program, every child that has been born out of our prenatal program has been a full weight, full term baby. Now, I'm not sure if that's educational, or if that's economic, or if that will keep a kid from crime, or will keep them in school. We have an outreach program. We visit the elderly in Overtown. And all - we're 1n Phyllis Wheatley Elementary School doing free physical exams and immunizations. I think the question I have for you is, if you first of all take the staff's general recommendation that no new projects get funded, then you are turning off any kind of innovative or creative ways to help solve problems in our City. What we've done at the Ann Marie Adker Overtown Community Health Center was come up with a creative way to provide health care to a community that needed it. One more sentence, and I'm done. In addition, the Community Development Block Grant Advisory Board listened to our story and recommended that we get funding, so that a citizen's group from the community... Commissioner Plummer: I agree. Mr. Turkel: ...said that this is a project that ought to be funded. The money we're asking for is not to pay our everyday operating costs, but to let us get out in the community and bring immunizations to the babies, and to do the rest of the outreach and help education and disease prevention. Mayor Suarez: All right, thank you... Mr. Odio: You know, I was going to ask you, the money came from the... Mayor Suarez: Please, Mr. Manager. Mr. Odio: Oh, I'm sorry. It came from the State, the money came from the State to build the facility, and from the federal. Mr. Turkel: No, no. Mr. Odio: Where did you get the money? Mr. Turkel: For what? Mr. Odio: Where did you get the money to build the facility? Mayor Suarez: The construction funds were... Mr. Turkel: We did not build a facility. We are occupying a building... Mr. Odio: OK. I... Mr. Turkel: ... that Metropolitan Dade County is renting to us for $1 a year. EK 179 May 13, 1993 Mayor Suarez: Ms. Adker, please, where did the funding come from for refurbishing the facility? Mr. Odin: for refurbishing. Mr. Turkel: We i everything that's in the building, medical supplies* furniture` medical equipment... Mayor Suarez: Right. Mr. Turkels ... has been donated. Every inch in the building donated. Mayor Suarez: Who owns the building? i Mr. Turkel: Metropolitan Dade County. Mayor Suarez: All right. Go ahead. Mr. Odio: Why - why... Commissioner Plummer: They know they're tax exempt. Mr. Odio: ... when we do this, they don't plan ahead and say, if we're going to have a facility, where is the money going to come to operate it? Once you have the facility running, and then you come here and say, we need the money to operate. Why isn't that planned? Mayor Suarez: By the way, they're... Mr. Turkel: Excuse me. No, we do not need your money to operate. We have our operating money. Mr. Odio: What do you need the money for? Mr. Turkel: For an outreach program to do health education, and disease prevention in Overtown. Mayor Suarez: All right. Mr. Turkel: That's why. That, and... Mayor Suarez: By the way, there's many people who are behind a change in the County's policy of health care provision to the indigent that want to decentralize it. I didn't say this when the Public Health Trust people were here, because I don't think they're ail that supportive of that, and have primary care facilities that are fully funded throughout the county. And, of course, this is the classic, perfect primary care facility, the on that has the Ann Marie name on it. Mr. Turkel: You understand... Mayor Suarez: And that is, of course, a battle that we're engaged in as we speak. I met with the chairperson of the County's Health Care Committee, who is Natasha Millan, and she's very supportive of that concept. So I think EK ISO May 13, 1993 0 things Are going to Change a tittle bit in the County in the area of health Care delivery for indigents. Mr. Turkel: I only wanted to answer and say, yes, today we are a great collaborative. Commissioner Plummer: They're going to change, all right. A million -eight for just new offices. Mr. Turkel: The Health Trust supports us, as does the University of Miami, and Miami -Dade. Mayor Suarez: Well, but, you might need a little bit of money. Mr. Turkel: That's right. That's why we came to Community Development so that we could now spread health care out into the neighborhood, and that's where it needs to go. Mayor Suarez., I understand. Commissioner Plummer: Assessments will go up this year because they need more money than a million -eight for new Commission offices. Mr. Turkel: We don't need to have a doctor standing in a health care facility to take care of ailments. Eighty percent of those people can be treated quickly. Mayor Suarez: OK. You want outreach in the community for education, and it's a very worthy effort. Mr. Turkel: And for disease prevention. Mayor Suarez: Disease prevention. Very good. Matthew. Mr. Matthew Schwartz: Matthew Schwartz, representing the Downtown Development Authority and the Downtown Miami Business Association. I'd just like to remind you that downtown, the Community Task Force recommended over a million dollars - close to a million dollars for projects for downtown. At the present time, there are no projects being funded downtown. We'd like you to reconsider a portion of the request for the Interim homeless facility and I think most importantly right now is a 31gnage program for downtown, a pathway signage program because of the importance of the tourist market in downtown, and our stiff competition... Mayor Suarez: Can that homeless facility, Interim homeless facility be funded through economic development monies, or does it have to be social services? Commissioner Plummer: Mr. Mayor, why... Mr. Castaneda: No, that was a physical structure that they wanted to build, and it was $800,000 that we had allocated. Commissioner Plummer: That's what was changed. EK 181 May 13, 1993 0 Mr. Castaneda: At the last Commission meeting, the Commission avid to take it away. Mayor Suarez: OK. --but we still have some of that money still unallocated. Mr. Castaneda: Might, you... Mr. Odiot You just located four fifty, so you have half. Commissioner Alonso: Half of it. Mayor Suarez: Couldn't we allocate some for that facility in the downtown area? Mr. Castaneda: Yes, you can. Commissioner Plummer: Well, excuse me. Mr. Castaneda: The balance, I believe, is 450. Commissioner Plummer: Mr. Mayor. Mayor Suarez: Yes. Commissioner Plummer: Why would we be doing that, when you and I are both going to be paying the tax for all of the money for the homeless that's going to the County? I don't understand. Why would we as a City be giving money to that homeless scenario - I don't know how many millions they are going to raise with that penny tax. Mayor Suarez: It's a little bit over 7,000,000 a year. As soon as it gets underway and as soon as the County decides how to allocate it, with presumably our input, hopefully, if they listen to us... Commissioner Plummer: You and I are going to be paying that tax every day. Mayor Suarez: Absolutely, absolutely. But there's more money needed, and we've made a pledge to downtown and help them to solve the situation quickly, unless you want to sit around and wait for the other implementation. It's... At one point, there was a fractional millage rate imposition on the ballot that was going to be on March 26th. I'll never forget that date. Certain people took it upon themselves to decide that that should not be voted on by Dade County citizens, and unilaterally, without our consent, or even knowledge, pulled it off the ballot. Matthew, I'm more than willing to entertain a motion to earmark the monies and leave it to the Administration to work out whether it has to go for your particular programs or CCSC or... Commissioner Plummer: Are you talking DDA programs? Mayor Suarez: Yeah. It's got to be bricks and mortar, though. Commissioner Plummer: I don't have any problem with that. EK 182 May 13, 1993 0 Mr. Schwartz: We're looking for money to be allocated for the projects in downtown; not necessarily for DDA. Commissioner Plummer: Well$ if you're going to allocate the money for the homeless, I can't vote for 1t, all right? If you're going to do it for bricks and mortar programs... Mr. Schwartz: Yes. Commissioner Plummer: ... with the DDA, then I think it's well worthwhile. Mayor Suarez: But he's saying for homeless. DD - I mean, all the rest of the description... Commissioner Plummer: Well, that's - he could say what he wants, and I'm going to vote how I want. Mayor Suarez: I understand. Mr. Odio: Matthew, what 1s that homeless program? That's not Livia's program that we were having under the expressway; is that the one? Mr. Schwartz: It was to - originally, the concept was to develop to pay for trailers and... Mr. Odio: You cannot use this money for that, my friend. Mr. Schwartz: ... an interim facility until a facility is built - to build - no, to lease the facilities, to build... Mr. Odio: You cannot do that with this money. Mr. Schwartz: OK. Commissioner Plummer: You know, somewhere along the line, somebody's got to tell me where I'm crazy, all right? We are talking about taking care of the homeless, when we got our people here, and we don't have enough money to take care of them. You know, I don't understand. Charity starts at home. We got people here that don't have food on their table, don't have a good roof over their head, and we're worried about somebody that came from New York, Washington, or Boston, who came down here because the weather was warmer, and we're going to slight our own people? I just don't understand that. Mayor Suarez: Well, I'm not sure that you're going to make that distinction, but if you wanted to make it, I believe 75 percent of all the homeless that we've surveyed are, in fact, originating out of Dade County. So, I don't know - and the City of Miami. Commissioner Plummer: I don't know, I really don't know. Mr. Schwartz: Mayor, I think the - if it's possible, that a portion of this money just be allocated towards downtown projects, that you could decide at a later date what sort of - of the remaining... EK 183 May 13, 1993 Mayor Suarez: Within the correct parameters of the economic development. Commissioner P1:mmrers If you want i how much is left? Mayor Suarez: Four hundred. Mr. Castaneda: Four thirty. Commissioner Plummer: All right. How much do you want to allocate with this provision that we restrict it and reserve it for ODA programs to be approved by this Commission, on an individual basis? Mayor Suarez: I'll entertain a motion. Commissioner Plummer: You want to do half of it? You want to do all of it? What do you want to do? Mayor Suarez: I'll entertain a motion for whatever amount you want. Half is fine. Commissioner Plummer: Let's say $250,000 for programs to be developed by DDA, within the constraints, and they will have to be presented to this Commission on an individual basis for approval. Mayor Suarez: So moved. _ Vice Mayor Be Yurre: Second. -` Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The followingmotion was introduced 1 t oduced by Commissioner Plummer, who moved it's adoption: MOTION NO. 93-310 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EARMARK $2509000 FROM COMMUNITY DEVELOPMENT PHYSICAL IMPROVEMENT CONTINGENCY FUND FOR ECONOMIC DEVELOPMENT PROGRAMS TO BE DEVELOPED BY THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO BE INDIVIDUALLY BROUGHT BACK TO THE COMMISSION FOR APPROVAL. Upon being seconded by Vice Mayor Be 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 Be Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. EK 184 May 13, 1993 x 11 Mr. Schwartz: Thank you. Mayor Suarez: Mr. Gonzalez-Goenaga, we've heard you today probably seven times. We'll her you one more time, very briefly. Mr. Gonzalez-Goenaga: But as usual, Your Honor... Vice Mayor De Yurre: Excuse me. Matthew Schwartz, I want to introduce you to the new chairman over there. Mr. Gonzalez-Goenaga: Well, the - I reside... Mr. Schwartz: I've met him before. Vice Mayor De Yurre: You've met him before. Mr. Gonzalez-Goenaga: I reside in Coral Gables, and some days, the Dade County Jail. And the problem is very simple, Commissioners. Two plus two, I think is four. And four plus one is five. And five minus one is four. Well, it's very clear. Down to the point. Well, the issue - and I understand all these agencies, all these nonprofit organizations. The problem is money, right? So the big - the easiest solution to start with is, how many people, employees of the City of Miami earn more than $50,000? Am I guessing on the right track, if I say that it's like 290007 Mayor Suarez: No, but... Commissioner Plummer: No. Mayor Suarez: Not quite. Mr. Gonzalez-Goenaga: But, give me a ball park figure. Commissioner Plummer: Fourteen hundred. Mayor Suarez: No. I answered your question. You're not guessing right. I don't have a figure exactly on the top of my head, but... Mr. Gonzalez-Goenaga: Well, then, who - who the hell knows anything here in this town? Could you... Mayor Suarez: Mr. Gonzalez-Goenaga, you're not questioning anybody, you're not prosecuting anybody. You're... Mr. Gonzalez-Goenaga: Well, OK. No, no. I am just to give a solution so the money goes to the people who really need it. Mayor Suarez: All right. Mr. Gonzalez-Goenaga: And let's stop this middle management reading newspapers every day and earning - and this bureaucracy. And let's give the example, not from the top, because you people only earn, allegedly, $6,000. From the City Manager, down. And remember, my friends, governments, like trees, start to decay from the top down. Let's give the example, and after EK 185 May 13, 1993 e119 Mr. Suarez, I think, one next issue. You're not going to be the Mayor. You are retiring, and then you want to refurbish the office. Why don't you wait until the new Mayor comes into power, and so he can refurbish with the color that he likes? You like the green, and maybe that's the color of hope. And to end, my friend... Mayor Suarez: I was actually was going to go another 20 years with the same carpet that's been there since 1929, I think, when all of this originated. But apparently, we got some money from FEMA to... Commissioner Dawkins: Don't say it like that, Mr. Mayor. The carpet up there was damaged by the hurricane. Mayor Suarez: Oh, and I forgot, the water was coming into his office. Commissioner Dawkins: So therefore... Mayor Suarez: The whole place was like... Commissioner Dawkins: ... they got money to replace the damaged roof. Mr. Gonzalez-Goenaga: Geez, I must be... Commissioner Dawkins: That's not that nobody just did it, decided to put the rug in there. Mr. Gonzalez-Goenaga: I need to see my psychiatrist, after all these foolish explanations. Mayor Suarez: Oh, we all agree on that. We definitely agree on that. For once, we agree. All right. Thank you, Mr. Gonzalez-Goenaga. On item 30, I'll entertain a motion. Commissioner Dawkins: Item 30? Mayor Suarez: Wasn't it item 30? Commissioner Plummer: I would like answers to the questions that I previously asked, Mr. Mayor. With reference to the Haitian community, how much money have they received? Just put 1t on the record, sir. For the record - how do 1. You consider, what? Edison/Little River is Haiti? Mr. Castaneda: That's correct. That's Little Haiti. Commissioner Plummer: And social services - what? Commissioner Dawkins: Edison is what? Mr. Castaneda: Edison/Little River is the Little Haiti target area. Commissioner Dawkins: No. Edison/Little River is Edison/Little River. Mr. Castaneda: No, that's... EK 186 May 13, 1993 0 Commissioner Dawkins: Little Haiti is Little Haiti. Mr. Castaneda: They're in the same area, though. Commissioner Dawkins: Beg your pardon? Say what, now? Mr. Castaneda: They are in the same area, Commissioner. Mayor Suarez: talking about the community development target? Mr. Castaneda: That's correct. Commissioner Dawkins: That's a target? OK. Now, before Little Haiti became Little Haiti... Mr. Castaneda: That's correct. Commissioner Dawkins: ... Edison/Little River was there. OK? Mr. Castaneda: Uh-huh. Commissioner Dawkins: Then Northeast Miami was there. Mr. Castaneda: Right. Commissioner Dawkins: Then when the black people got into Little Haiti, you decided that would become Edison - when Haitians got up there, you no longer wanted it to be a part of northeast. So now, it's called the target area of Edison/Little River/Little Haiti; is that correct? Why didn't you leave it in Northeast Miami, in a target area? Because we had to lump all the black people together? Mr. Castaneda: The official name of file target are is Edison/Little River. It 1s commonly referred to as the Little Haiti area. Commissioner Plummer: All right. So what you're saying then, of the social monies, they and Edison get seven and a half percent? Mr. Castaneda: That's correct. Commissioner Plummer: And the downtown area gets less than one percent? Mr. Castaneda: That is correct, Commissioner. Commissioner Plummer: And you think that that's fair? Do you think that's fair? Mr. Castaneda: Well, Commissioner, besides the homeless problem in the downtown area, the population in the downtown area has gone down drastically and there is a very small... Commissioner Plummer: Let me ask you a question, Frank. Am 11n the ball park to say that you derive the funds somewhere on a formula of population? Mr. Castaneda: Yes. EK 187 May 13, 1993 Commissioner Plummer: OK. Mr. Castaneda: There is population, and distress, income categories of the area. Commissioner Plummer: Predicated on that, what, in fact, would be the percentage, if you were to take the population of Little Haiti... Mr. Castaneda: Right. Commissioner Plummer: ... compared to the money they get back in return? Do you understand what I'm saying? Mr. Castaneda: I understand what you're saying. Commissioner Dawkins: No, I do not. Commissioner Plummer: I mean, if you derive the money from that - and I can understand, to downtown, with so few people living in the downtown, but in Little Haiti, their density there is unreal, to go back and not give than a proportionate share of it. Mr. Castaneda: Commissioner, the problem is that most of the programs that we're funding lately are of a Citywide nature. The money that we give the Housing Department, for single or multi -family rehab, is on a Citywide nature, and they do significant numbers of housing in the different target areas. The money that goes to Miami Capital goes also under Citywide, and that's why you see a bond of 46 percent. Commissioner Plummer: Yeah, but when you say that, Frank, every one of these listed here have the same ability to apply for it. Mr. Castaneda: That's correct. Commissioner Plummer: OK? So don't say that one is getting an advantageous position over another. Mr. Castaneda: No, no. But what I'm saying is that there are more monies going into the area than what you see there, Commissioner. Commissioner Plummer: I just don't understand how you can sit here, dole out a million -eight, and give downtown $15,000, and say we're being fair. I just don't understand. I'm sorry, it doesn't make sense. Commissioner Dawkins: OK, let me help you. Commissioner Plummer: Please do. Commissioner Dawkins: First, before I help you, let me find out from Frank. Frank, you got economic development Citywide. Mr. Castaneda: Right. EK 188 May 130 1993 i6� C Commissioner Dawkins: Now, and yet, everything else, you broke down according to target areas. Now, why did you not break economic development down into target areas? Mr. Castaneda: Because we haven't broken down the amount of money that goes to the COO (Community Based Organizations). $800,000 of that will go to the community base organizations. The rest of the money basically goes to Miami Capital and to... Commissioner Alonso: How much to Miami Capital? (INAUDIBLE COMMENT) Commissioner Alonso: Well, it's a lot of money. Mr. Castaneda: Wait, wait. Miami Capital is two fifty for Administration and... Commissioner Dawkins: Now, why would you single out Miami Capital, when Miami Capital services Citywide? Mr. Castaneda: No, that's what I'm saying. That most - that most of the money... Commissioner Dawkins: But if you're going to single out Miami Capital, you need to give me Miami Capital's sheet of how much money they spent in -, Overtown... Mr. Castaneda: That's right. Commissioner Dawkins: ... how many businesses they funded 1n Little Havana, how many businesses they funded 1n Coconut Grove, and how many - if you're going to do that. Mr. Castaneda: No, we do have that, Commissioners, if you're interested. Commissioner Dawkins: But that's not what you're giving me here. Mr. Castaneda: No, no, no. Because - because what happened, what I'm saying is that we do not know how the... Commissioner Dawkins: OK, wait a minute, let's get back to Plummer's question. The - what funds are we discussing? Mr. Castaneda: I think Commissioner Plummer's was in reference to public service. Commissioner Plummer: Basically, it was broken down for me, Miller, into three areas. Commissioner Dawkins: Community Development Block Grant funds or what? Commissioner Plummer: Yes. It was broken... EK 189 May 13, 1993 Commissioner Dawkins: These funds are given on the strength of what? The num1ber... Mr. Castaneda: Weil, they are given in the strength of the poverty of the City of Miami. It's based on population, poverty, amount of distress, amount of impaction in the area. Commissioner Dawkins: What I need to know is, do we have the same amount of people distressed, underprivileged in the City as they have in the County? And does the County use our people who are in the housing projects to apply for these funds? Mr. Castaneda: No, they don't. The County doesn't use City's number to get their funding. They get their funding based on the unincorporated area, low income individuals. However, all City of Miami taxpayers are County taxpayers, as Commissioner Plummer points out all the time, and that's why they do allocate some of the Community Development Block Grant money inside of the City of Miami. Commissioner Dawkins: No further questions. Commissioner Plummer: You sure didn't help me. Commissioner Dawkins: No, he didn't. It didn't clear up nothing, but thank you. Vice Mayor Be Yurre: Do we have a motion then on item number 30? Commissioner Dawkins: Move it. Commissioner Alonso: Public facilities, Little Havana gets zero, and downtown zero. Public facilities. Mr. Castaneda: Right. Commissioner Alonso: And this page is what? Second page that I was given. The last one, the one they just gave me a minute ago? Mr. Castaneda: That's a cumulative sheet of - it's a compilation of the first page. Commissioner Alonso: The what? Mr. Castaneda: It's a compilation of social service, economic development, housing and public facilities. Commissioner Alonso: And the percentage that each area receives, including everything? Mr. Castaneda: That's correct, Commissioner. Commissioner Alonso: Some of the percentages are frightening. When you look at the numbers of poverty in the different areas. 2.1 percent, Mr. City Manager. Incredible. EK 190 May 13, 1993 Commissioner Plummer: I'M just going to go on the record. Frank, you know, I realize you have an impossible job, OK? $4,000,000 worth of requests with less than 2*0000000 to put out. But I'm going to tell you, I think you've got a lot more work to do. Commissioner Alonso: Yes. Commissioner Plummer: I think that there's just got to be more of an equitable distribution of these monies than what I see here presently. And, you know, I'm going to go back to my old theory, and I'm going to ask you again on the record with this here. My theory of feeding the hungry, taking care of the medical, how many of these things don't qualify, or how many do qualify? You know, I... Mr. Castaneda: Well, Commissioner, I know that we've gone back and forth through the years on this issue. We do find a number of daycare programs... Commissioner Plummer: You've gone back and forth. I've never deviated. Mr. Castaneda: No, no, I understand. Mr. Odio: We have always disagreed on daycare. Mr. Castaneda: On daycare. Do you consider that to be... Mr. Odio: I think daycare is of a vital importance for working mothers. Commissioner Plummer: Mr. Manager, there is no question it is important. But let me tell you something. Mr. Odio: These people would not be able to work if we didn't have daycare. Commissioner Plummer: The meanest man in the world is a man with an empty stomach. Mr. Odio: Commissioner, you have an empty stomach if you cannot work, and if you don't have a place to leave your children at so you can go to work, then you do have people with empty stomachs. Commissioner Plummer: Fine. Put daycare as number three. OK? Mr. Odio: Well, in my mind it's equal because... Commissioner Plummer: Mr. Manager, we cannot be all things to all people. Commissioner Alonso: But our children is one of the things that we have. Mr. Odio: Well, no, I agree on that. Commissioner Plummer: We don't have the money. Mr. Odio: That's why I told you at the beginning, you have already allocated monies with what we had, leave it alone. Because you cannot - if you open this, you'll have another $4,000,000 of requests, and we don't have the money. EK 191 May 139 1993 Commissioner Plummer: I'm not opening 1t back up, not at all. Vice Mayor be Yurre: OK, Commissioner Dawkins: I movet Vice Mayor De Yurre: We have a motion on item number 30. Do we have a second, to approve the recommendation of the Administration? Mr. Jones: You've already approved them. Mr. Odio: The changes that were made... Mr. Castaneda: Approving the amendment to the application. Vice Mayor De Yurre: As recommended. Mr. Castaneda: As recommended. Vice Mayor De Yurre: Is there a second? I'll second. Commissioner Plummer: There's a motion on the floor, and seconded. Is there any further discussion among the Commissioners? Hearing none, call the roll - excuse me. Is the Mayor - 1s he excusing himself? Vice Mayor De Yurre: No, I think he had to step out. Commissioner Plummer: All right. Call the roll and we'll reserve the decision to the Mayor, because I can tell you right now, it's two -two. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE MAYOR DE YURRE, APROPOSED RESOLUTION TO APPROVE AMENDMENT TO THE CITY'S APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre NOES: Commissioner Miriam Alonso Commissioner J.L. Plummer, Jr. ABSENT: Mayor Xavier L. Suarez Commissioner Plummer: The wisdom of the center chair, Solomon shall act in his great capacity. EK 192 May 13, 1993 E .Y-------------------------------------------------------------------- u-r------ 38. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE AGREEMENT WITH THE ALLAPATTAN PLAZA, INC. TO PROVIDE A COMMUNITY DEVELOPMENT FLOAT LOAN ($39600,000) FOR CONSTRUCTION AND DEVELOPMENT OF A NEIGHBORHOOD SHOPPING CENTER FACILITY, INCLUDING A SUPERMARKET STORE AND RETAIL SHOPPING SPACE IN THE ALLAPATTAH NEIGHBORHOOD TARGET AREA, SUBJECT TO AVAILABILITY OF FUNDS AND CONTINGENT UPON APPROVAL OF AN AMENDMENT TO 18TH YEAR CDBG PROGRAM FUND STATEMENT; ETC. -------------------------------------------- -------------------r--------------- Vice Mayor De Yurre: Meanwhile, moving right ahead, item number 31. Commissioner Alonso: I'd like this Item to be deferred. First of all, I have a recollection of some time ago when we had a similar item, and we did not inform the community about the system that the City of Miami has to follow in float loan monies. And at that time, we agreed that before awarding any of these contracts, we were going to inform the public about why and how, and really go over the subject before presenting these items to us. Number one, nobody came to explain this to me, even though we have said this before; and second, I think the community needs to be informed before we can possibly consider this float loan of one percent for a supermarket. Commissioner Plummer: The Miami Herald has never understood it, and neither do I, because - let me tell you why I don't understand it. Why would anybody want a loan of three point six million dollars that can be called in 48 hours without reason? Mr. Odio: J. L., this is Winn -Dixie. They have a lot of money and they can afford to gamble. If we don't call the note, they save a lot of money. And if we call it, they can pay. Commissioner Plummer: I don't understand. Why would Winn -Dixie even need a loan at all? Mr. Castaneda: Well, it's to encourage Winn -Dixie to do a major supermarket in the Ailapattah area on 35th and 17th. Commissioner Plummer: How do you do any kind of financial planning, that within 48 hours they can call the loan? Commissioner Dawkins: It's plain accounting 101. Commissioner Plummer: Yeah? Commissioner Dawkins: If I can borrow a million dollars for one - I mean $3,000,000 for one percent... Commissioner Plummer: Yeah. Commissioner Dawkins: And I can leave my money in the bank at six percent. Mr. Odio: Damn right. EK 193 May 13, 1993 Mayor Suarez: I make five percent an my money while I pay you one percent: Commissioner Plummer: Well, but that's not... Commissioner Dawkins: Accounting 101. Commissioner Plummer: Wait a minute. Let's go to accounting 102. You get this loan of three point six million dollars at one percent. It's called. Where do you turn next? Commissioner Dawkins: You go back and get that that you put up, that you're drawing five percent on, and take it down and you get nothing. Commissioner Plummer: You hope. That's not my point. That... Commissioner Dawkins: You know, I keep telling... Commissioner Plummer: Excuse me. Wait, wait a minute. Commissioner Dawkins: Mr. Plummer, I continue to sit here and tell you over and over, this was designed by the federal government to help rich people. Mr. Od1o: Absolutely. Commissioner Plummer: Oh. Commissioner Dawkins: This was never designed to help a poor person. Mr. Odio: That's correct. Commissioner Dawkins: Who has $3,000,000, poor to put up? Only a rich person with $3,000,000 can apply for this, and this is what it was designed for, and that's who would use it, and it's nothing me, you, or anybody else can do, because you and I, you can't even get $3 on your funeral home. - Vice Mayor De Yurre: OK. We have a motion and a second to defer it. Commissioner Plummer: It's like a bank loan, you know. You've got to prove you don't need it to get it. Vice Mayor De Yurre: To defer 31. The other one is due too. You've got to decide. - Mr. Castaneda: Well, but it makes a development project in a poor area more attractive to the banks to participate, because it reduces the construction costs. Commissioner Plummer: Thanks. Commissioner Alonso: about this item? When did they begin discussions with the Administration EK 194 May 13, 1993 O Mr. Castaneda: Commissioner, to tell you the truth, Reverend Pankey, which is here* has been working on this project at least for five or six years that I tan recall, no? Commissioner Alonso: How come - five or six years you been working on this one? Now come all of a sudden it appears in the agenda, and nobody takes the time after ail that we have said... Mr. Mariano Cruz: We didn't know in the community, we didn't know. Commissioner Alonso: ... and the community is not informed, after all that we said about items similar to this, I cannot understand it. Unidentified Speaker: How can you be against something like this? Commissioner Alonso: They like to know, they like to be informed, before, and I think they have every right. Mr. Cesar Odio (City Manager): They know. Commissioner Alonso: No, they don't. Mayor Suarez: Ultimately, it's inconceivable that they wouldn't support it. I mean, given that those are the federal... Commissioner Alonso: They have a right to know. Mayor Suarez: Those are the federal parameters, and there's not much that you can do about them. It is true that you have to be quite well off to be able to apply for this, or at least have some funds, some liquidity somewhere. But e I don't see why anybody would oppose it. I mean, we've seen editorials before. Commissioner Alonso: We had agreed that the communities were going to be informed, and then make the decision, whatever it might be. Reverend Richard Pankey: It's not me, it's Nationsbank backing it up. Mayor Suarez: Right, but the community is in the position now of asking whatever they want. Reverend, what is your involvement? Reverend Richard Pankey: Well, I'm surprised anybody would oppose it. Mayor Suarez: All right. Reverend Pankey: I mean, to me, it's... Mayor Suarez: But what is your involvement? Are you with the group that is proposing it? Reverend Pankey: Yes, sir, I am. Mayor Suarez: I wasn't aware of that. All right. Mariano, what do you want to ask about? EK 195 May 13, 1993 i �n W* Mr. Cruz: No, I just heard them asking the question of the - with the community. businessmen and people that know about that. But we didn't know anything until we looked at the agenda, that I received the agenda and looked at item 31. I say, what is being in community development? I didn't know anything. Mayor Suarez: Like the freedom Tower, like the Braman Cadillac thing, which never went through. The federal government apparently has some funds lying around which... - Reverend Pankey: 'there was an ad in the paper. { Mr. Odio: There was an ad in the paper. Mayor Suarez: which they are willing to lend at a very low rate of interest, as long as they fulfill economic development goals for the City of Miami. They'd be in a target area. Commissioner Plummer: She wants more information, Cesar. Mayor Suarez: They'd be for a useful purpose, and the person would be in a position of being able to guarantee repayment with, I think, 72 hours notice. Mr. Cruz: No, no. But there's a lot of factual errors in here, so there's - if - just looking around, like they say here, it is believed it is a viable and need project, since Winn -Dixie is the only - the only large grocer currently operating. So when I read this, I went to - La Mia - to see, maybe they bulldozed the store, because I didn't - according to here, 1t is the only, the only grocer. So I go there and I saw Nico outside, and I said, Nico, I came to see you because I thought, according to the paper of the City, of the memo, that it was no more store. Mayor Suarez: How big is Nico's? Unidentified Speaker: Six times bigger than La Mia, Mr. Cruz: About 40,000 square feet. And I bet he sells more than Winn -Dixie. Mayor Suarez: You have 100 employees? Unidentified Speaker: Already, now. Mayor Suarez: If you have sitting around in an account $3,000,000 or a letter of credit, you can get another one of these CO loan floats, if you wanted to expand. Commissioner Alonso: Come on, you know it's very difficult to get it, very difficult. You must have the money in the bank. Vice Mayor De Yurre: Mr. Mayor - Mr. Mariano, Mariano, hold it a second. Are we going to hear this item, or are we going to defer it? Because there is a motion to defer right now. Mr. Cruz: No, but it's good to know something, that's all. EK 196 May 13, 1993 Mayor Suarez: All right, OK. Because we can also table it and they can meet outside, and at least we... Commissioner Dawkins: No, no, no. Don't even... Vice Mayor De Yurre: Well, right now, there's a motion and a second to defer. Commissioner Alonso: No. defer the item. Mayor Suarez: All right. Commissioner Dawkins: Commissioner Alonso moved to defer, and I seconded. Mayor Suarez: All right. Vice Mayor De Yurre: OK. If there's no further discussion, please call the roll. Mr. Castaneda: Will we continue it to the next meeting? Commissioner Dawkins: I don't know. Mayor Suarez: Yeah, that's the idea. Commissioner Alonso: Yes. Vice Mayor De Yurre: That's usually the way it happens. Commissioner Dawkins: And if we don't have enough information by then, we continue some more.. Commissioner Alonso: Then we will defer the item again. Mr. Cruz: No. Listen, we would like something, the community development people to ask the businessmen about that. Tell the businessmen that these funds are available. Because, like I was talking to a gas station with a BP that he got to buy the gas station now, because BP is going out of business and he needs one hundred and - like $200,000. So... Mr. Odio: Mariano, Mariano, let me explain something to you. Mr. Cruz: Right. Mr. Odio: This type of a loan, in order to borrow $200,000, you would have to have $200,000 in the bank. It doesn't work for poor people and middle class people that Commissioner Dawkins... Right, OK. Well, at least inform the people, the business people of whatever 1t is... Mayor Suarez: That's fair enough. EK 197 May 130 1993 9 L.--A= Mr. Cruz: ..* and come to the community, and let the people know. Because we are like - there's a bunch of - like they say here, look at here, at the school that was there. It has a lot of errors. It says Allapattah Elementary, in the Allapattah. Anybody looking, they'd say, yes, sure, Atlapattah Elementary got to be in the Allapattah territory. But Allapattah Elementary is not in the Allapattah territory. You know where Allapattah Elementary is, in the Model City, 4700 12th Avenue, and you know. It's not there. Commissioner Dawkins: But, you know, what I think what I'm hearing is - now correct me, Mariano. Correct me. What I think I hear you saying, and if I'm in error, let me know. Meet with the area merchants. Mr. Cruz: Right. Commissioner Dawkins: And if this loan will cut competition with them... Mr. Cruz: Right. Commissioner Dawkins: ... and make them have to go out of business... Mr. Cruz: Right. Commissioner Dawkins: ... you don't want 1t made. Mr. Cruz: No, no. Just now, people are going there and telling the people, we are going to raise your rent, and people are scared. That's it. Mr. Odio: Weil, you tell that guy from BP to contact the Miami Capital. They have some money. Commissioner Plummer: BP, who? Mr. Odio: It's a garage, and I know what's happening. The... Commissioner Plummer: BP Oil is going out of business. Mr. Odio: That's why they need to buy their own service stations; to stay 1n business. And Miami Capital very well could help him out. Mr. Cruz: OK. One thing. Look, they tried to gather signatures of the people, and the only signature, they print the name of somebody that don't know how to read and write English, so they print his name here. Because they scared, the businessmen got afraid, because they're coming to - that he - I was there when the guy came to his place. Oh. I'm going - when 1 fix that, I don't know how much money I am going to charge you. People don't know. People have been there years. The Dominican people that have kept the business in Allapattah while everybody else left. They stay there. Mayor Suarez: Al right. But you're getting very excited about something that really cannot possibly hurt the community, once we explain it, I guarantee you, Mariano. EK 198 May 13, 1993 1W Mr. Cruz: No, no, no. Remember, Overtown Shopping Center. Don't tell Me about the people think... Mayor Suarez: I am glad we did the Overtown Shopping Center. I alb glad we did the Overtown Shopping Center. It's the best thing we could have done there. Mr. Cruz: OK, right, OK. Well, but they deal with the people in Overtown. Mayor Suarez: I'm sorry? Mr. Cruz: They talked to the people in Overtown when they did that. Mayor Suarez: They're happy that there's a shopping center there. All right. Mr. Cruz: But it was done with the people of Overtown giving... Mayor Suarez: Well, we're deferring the item. We're deferring it. Mr. Cruz: Right. Mayor Suarez: You're going to have plenty of time to give us input. Mr. Cruz: OK, that's it. Remember. Commissioner Alonso: Yes. Vice Mayor De Yurre: OK, call the roll, please. Please, please, please. THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY COMMISSIONER DAWKINS, ITEM 31 WAS 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. ASSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: What am I voting on? Vice Mayor De Yurre: Deferral. Ms. Hirai (City Clerk): It's a motion to defer. Commissioner Plummer: Defer the item to a colleague who requests further information, the answer is yes. EK 199 May 13, 1993 i n.riLi irrr�i�rriluw.fiUbiiirGiiL��rrrri--r ----------r—ri--rrrrrr r------Yr ------ Yirrilrr 39. (A) (Continued discussion) RECONSIDER AGENDA ITEM 30 (PROPOSED RESOLUTION TO APPROVE AMENDMENT TO THE CITY'S APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS). (See label 37) (B)APPROVE AMENDMENT TO APPLICATION OF CDBG FUNDS. r rrrrrrrrrrasrrY.rrrrr�rr�rrr -------------------------- r—rrrr—rarr—rr—r1r.rrr+.r Vice Mayor De Yurre: Mr. Mayor, we have a two/two tie on item number 30. It's up to you. Mayor Suarez: Motion to approve? Vice Mayor De Yurre: Motion to approve with the amendments that have been suggested by the Administration. Mayor Suarez: All right. I will... Commissioner Alonso: Mr. Mayor... Mayor Suarez: Yes. Commissioner Alonso: Please, hold your vote, Mr. Mayor. I think that the Haitian American Foundation made a request for $65,000. What is the possibility of including this request for social services and... Commissioner Plummer: Something else has got to give. - Commissioner Alonso: The Haitian American Foundation. Mr. Castaneda: Right. The Haitian American - well, the Commission discussed what's included. I mean, the economic development package. _ Mayor Suarez: But they then went on to say that they also were seeking it under social services. They also needed monies to operate. Mr. Castaneda: Well, that's another issue. For social services? Commissioner Alonso: Yes. Mayor Suarez: That's her question. Commissioner Plummer: Where does it come from? That's the bottom line. Mr. Castaneda: Well, you've got to cut somebody else. Commissioner Alonso: Would you look into that, and then in June, can we address this issue? Mr. Castaneda: OK. EK 200 May 13, 1993 f s Mayor Suarett All right. Commissioner Alonso: Yes, OK. Mayor Suarez: Please call the roll once again, if I may, just so I know. Commissioner Plummer: You are the only vote, Me. Mayor, not cast. Ms. Hirai: Agenda 30? Commissioner Alonso: Yes, I'm disappointed 1n the way this is divided. Many areas that should receive funding are not receiving the appropriate funding. Vice Mayor De Yurre: Go ahead. Mayor Suarez: You need to repeat, or call the roll, whatever is easier, Madam City Clerk. Ms. Hirai: Yes, we will call the roll again, Mr. Mayor. The following motion and resolution were introduced by Commissioner Dawkins, who moved their adoption: MOTION NO. 93-311 A MOTION TO RECONSIDER AGENDA ITEM 30 DEALING WITH PROPOSED AMENDMENT TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AS RECOMMENDED BY THE ADMINISTRATION, IN ORDER TO INCLUDE: (a) CONSTRUCTION OF A RECREATIONAL BUILDING IN ALLAPATTAH COMSTOCK PARK, AND (b) DEVELOPMENT BY THE DOWNTOWN DEVELOPMENT AUTHORITY OF ECONOMIC DEVELOPMENT PROGRAMS. RESOLUTION NO. 93-311.1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE APPROVED NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1993-1994 FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), THEREBY REALLOCATING $700,000 IN GRANT FUNDS FROM THE PHYSICAL IMPROVEMENT CONTINGENCY PROJECT TO FUND TWO (2) NEW PROJECTS, ALLAPATTAH COMSTOCK PARK, IN THE AMOUNT OF $450,0009 AND DOWNTOWN INCENTIVE FUND, IN THE AMOUNT OF /$2509000; FURTHER AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID AMENDMENT BY HUD, TO EXECUTE THE NECESSARY IMPLEMENTING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) EK 201 May 139 1993 r Upon bring seconded by Vice Mayor be Yurre, the motion and resolution were passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurrs Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I voted no and the primary reason for my no vote, I don't think there is a fair distribution of the funds, plus I think the Administrative costs are high. Commissioner Alonso: As I stated before, the reasons I am not satisfied, the way funding has been divided, and some organizations that I feel should recline funding are not receiving the appropriate funding at this time. I vote no. Vice Mayor Dawkins: I vote yes. I'm not satisfied with the way the money is parcelled out either, but I cannot continue to hold the organizations hostage by continually sitting here saying I'm dissatisfied with the way the money 1s broken up, so therefore, I have to vote yes, and let us come back and address whatever differences we have. I vote yes. Mayor Suarez: We've dealt with him before in court. ------ ----------------------------------------------------- - - 40. DISCUSSION CONCERNING PRESENTLY - INSTITUTED PREFERENCE TO LOCAL VENDORS AND NEWLY -PROPOSED AMENDMENT TO OFFER LOCAL VENDORS THE OPPORTUNITY TO MATCH THE LOW BID, IF WITHIN A CERTAIN PERCENTAGE -- DISCUSSION CONTINUED TO A FUTURE MEETING. Mayor Suarez: Item 32. Vice Mayor De Yurre: Mr. Mayor? Mayor Suarez: Yes, sir. EK 202 May 13, 1993 Vice Mayor be Yurre: If I may, if I could be allowed to cover what I requested this morning at 9:00 o'clock, the issue of the Dinner Key Marina? Mayor Suarez: Yeah. Excuse me for a second. Mr. Gonzalez-Goenaga, have a seat, sir. Vice Mayor De Yurre: Mr. Mayor and fellow Commissioners, at the last Commission meeting, an issue came up which I requested information from the City Attorney's Office, whether we could do something about this local preference situation wherein if you're within ten percent of the lowest bidder and you're a local company, we have the option to award you the contract; again, if you're within ten percent of that lowest bid. And I believe it's the right thing to do. I believe it's important to help our local companies. However, I've always been bothered by the fact that in trying to help the local companies, we end up paying more of the taxpayers' dollars in these situations, and I asked of the City Attorney's Office to research whether we could make a change to this ordinance that we use, and I believe that we wisely use, wherein instead of us going up to meet that bid of the local company - let's say going up to the 108th percent or the 107th percent, allowing them the opportunity to match the lowest price. That way, we save the taxpayers' dollars and allow them the opportunity to do the work. And after research from the City Attorney's Office, they came back that, yes, it can be done, and I would propose an ordinance that can be proposed either as a regular ordinance with two readings, or as an emergency ordinance today, either way, that would basically read as follows: "An ordinance amending Section 18-52.1H of the Code of the City of Miami, Florida, as amended by adopting a contracting procedure Implementing the local preference provision of Section 29-A of the Charter of the City of Miami, as amended, authorizing the City Commission when the low bid is received from a non -local vendor when contracting for personal property, or public works, or improvements, to offer a responsible and responsive local bidder the opportunity of accepting a contract at the low bid amount, provided the original bid from the local vendor does not exceed 110 percent of the low bid, containing a repealer provision, severability clause, and providing for an effective date." I believe that this serves the purpose of helping the local companies in the City of Miami, and at the same time, it saves the taxpayers' money. For example, in this case at hand, I believe that the difference over the Dinner Key Marina is about $259,000, somewhere about, if we were to go with the local company, if that were deemed to be a local company, without getting into that issue right now. So I believe that it would be important to implement an ordinance of this nature that can provide that kind of relief to the City of Miami of saving that kind of money while at the same time, affording the opportunity for local companies to gain jobs that are City -related. Mayor Suarez: All right, but what does that do to the dispute over the Dinner Key Marina, the restoration? r Commissioner Plummer: It has no bearing on it. `# Vice Mayor De Yurre: What's that? ?f. Commissioner Plummer: It has no bearing on it. EK 203 May 13, 1993 • Mayor Suarez: It has no bearing. Vice Mayor Be Yurre: It has no bearing up at this point in time. Commissioner Plummer: Let me understand. Mayor Suarez: Well, do you intend that it would have a bearing if we passed it on an emergency basis today? Vice Mayor Be Yurre: Well, if you were to pass it on an emergency basis, it could, and if we do it on separate readings, it wouldn't have a bearing, - according to the City Attorney's Office. — Mayor Suarez: But if you pass 1t on an emergency basis, you mean with the - idea of taking back a prior vote, which sent it back for rebidding, and then — giving 1t to the group that is allegedly or ostensibly a local bidder, and then buy an even lawsuit than we already have? Vice Mayor Be Yurre: No, no, I'm not saying that. I'm just saying that, =l that's why I'm suggesting that we can do it one of two ways. BVt I believe that it's important that we deal with this ordinance... a Mayor Suarez: I will tell you this, for myself, unless you had some idea that would settle this matter and would get this marina fixed up and built right quickly, we'd almost have to - if anybody invokes the rule, we'd have to invoke the rule. I thought that the idea was to settle this problem and resolve it. Commissioner Alonso: Yeah, I'm not ready to vote on this after - I haven't seen this. Vice Mayor De Yurre: And it is. This has nothing to do with the other matter. I just wanted to bring this up at this time. Commissioner Plummer: Mr. Mayor, this - I'm getting flack from both sides over here that this is going to take a Charter amendment to instigate this, and what I recall was, that it was a Charter amendment that did give a local preference. Now, how can you change it without going back to a Charter amendment change at the electric ballot? I don't understand that. Vice Mayor Be Yurre: Well, let me tell you, if - unless Mr. Quinn Jones has changed his legal opinion... Commissioner Plummer: Well, that's why I got this rattling over here. One says yes and one says no. Vice Mayor Be Yurre: And I'd like to deal with legal aspect of it. My understanding is, from what he explained to me, that the Charter requires the local preference. However, we, by Code, implement the local preference. A. Quinn Jones, III (City Attorney): 29-B. Commissioner Plummer: 29-A? May 13, 1993 EK 204 } Mr. Jones: Sub -Section 8- Commissioner Plumper: Oh, OK. Mr. Jones: Sub -Section A. Yeah, Commissioner, to address your concern, Charter Provision 29-A does provide a ten percent local preference to local vendors. What this does, and it was my determination that it was not necessary, it would be unnecessary to go for a Charter amendment, because essentially what you're doing, you're extending what's already provided, more or less implementing the local preference that's provided by Charter. So all this does is enhances and further clarifies what's already provided for. So I don't see any need for a Charter amendment 1n this regard. Vice Mayor De Yurre: Mr. Mayor, let me tell you, I have no problem, you know, whether we, you know, if we don't want to vote on it today, because, you know, we can - it's not going to be an issue at hand on this next matter. Mayor Suarez: I'm inclined to try anything that will get us to the point that -` I think we discussed before with the City Attorney whereby if, in fact, the local bidder is within ten percent, we give the award to the local bidder, and then ask the local bidder to reduce the contract price to the same amount as the lowest bid, which is what I gather your ordinance would... 3 Vice Mayor De Yurre: OK. Well, this allows us to say... Commissioner Plummer: Just in reverse. Vice Mayor De Yurre: ... hey, are you willing to come in? Mayor Suarez: Right. So there's no problem. a mean, at least for my vote, there's no problem with that. I just - I don't know why we have to do that today and why we can't just simply put that on the agenda. Vice Mayor De Yurre: Well, I'm saying if we want to do that, that's fine. There's not a great science to this, but... Mayor Suarez: I thought that there was some indication that we may be able to get ourselves out of the quagmire that we're in, in regards to the refurbishing back here. Vice Mayor De Yurre: And I think that we will, right after we finish with this item. So either we vote on it or we can just put it on the agenda for the next meeting for further consideration. Mayor Suarez: All right. Vice Mayor De Yurre: I'll make... Commissioner Alonso: If this is the way it's going to be done, I think we have to wait and place it on the agenda, and make a decision then, because I, for one, am not ready to vote on this. Mayor Suarez: OK. EK 205 May 13, 1993 c sK Vice Mayor De Yurre: OK, that's fine► Just make sure it's on the agenda, Mr. Wally Lee, for the next... Mayor Suarez: Schedule this for determination and have a copy of the ordinance for possible enactment at the - in accordance with whatever our rules are for enactment of an ordinance. Vice Mayor De Yurre: OK. Mayor Suarez: Do you want it as an emergency ordinance? Vice Mayor De Yurre: It doesn't matter to me. I think it's time that - we've been at 1t since I've been here, so it doesn't matter if it's an emergency or not. I think it's something that needs to be done. Mayor Suarez: OK. -------------------------r------------------------------------------------- 41.(A)RECONSIDER COMMISSION ACTION ON AGENDA ITEM 23 OF APRIL 15, 1993 MEETING ON A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS AND BAYWALK (H-1008) DAMAGED OR DESTROYED BY HURRICANE ANDREW. (B)RESCINO RESOLUTION 93-252 (ADOPTED APRIL 15, 1993) WHICH REJECTED ALL BIDS RECEIVED IN CONNECTION WITH DINNER KEY MARINA RESTORATION - PHASE II FOR REHABILITATION OF PIERS AND BAYWALK (H-1008) DAMAGED OR DESTROYED BY HURRICANE ANDREW. (C)ACCEPT MACONSTRUCTORS, RINA RESTORAT ON PHASEIl REHABILITA IO3 N OF PIERS R ERS AND BAYWA K (HDINNER Y 1008) DAMAGED OR DESTROYED BY HURRICANE ANDREW -- SUBJECT TO CONE CONSTRUCTORS, INC.'S DISMISSAL OF PRESENTLY -INSTITUTED LAWSUIT. Vice Mayor De Yurre: OK. Now, with the matter at hand, I would move, Mr. Mayor, that we reconsider the item in reference to the Dinner Key Marina repairs. Mayor Suarez: So moved. Commissioner Plummer: To reconsider, I'll be glad to reconsider, just to hear what has to be said. Mayor Suarez: Seconded. Call the roll on the motion to reconsider. Is it appropriate? A. Quinn Jones, III, Esq. (City Attorney): Yes, it is. Mayor Suarez: All right, call the roll. EK 206 May 130 1993 A -1 The following motion was Introduced by Vice Mayor be Yurre, who moved its adoption: MOTION NO. 93-312 A MOTION TO RECONSIDER PRIOR VOTE ON AGENDA ITEM 23 OF THE APRIL 151 1993 AGENDA, REJECTING ALL BIDS RECEIVED IN CONNECTION WITH THE DINNER KEY MARINA RESTORATION - PHASE II PROJECT FOR REHABILITATION OF PIERS AND BAYWALK (H-1005), WHICH WERE DAMAGED OR DESTROYED BY HURRICANE ANDREW. Upon being seconded by Commissioner Plummer, the motion 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. Vice Mayor De Yurre: Mr. Mayor, I've been - since we took that vote the last time, I've been thinking about it mor(o and more, to the point of requesting the tapes and listening again to the whole item as it was presented, and one of the main reasons, or the reason that I went along with the situation of throwing 1t out was that I felt that maybe we could get a better price. But more particularly, because I always try to go with what I deem to be the local company and try to help them as much as I can. But in listening to the tape, I realized that there was really never a determination made whether this was a total company or not. There was a lot of discussion, a lot of presentations, people were sworn in, a tot of statements were given. Mayor Suarez: We never reached that determination. Vice Mayor De Yurre: But we never did. Mayor Suarez: We never voted on that, I don't believe. Vice Mayor De Yurre: We never did. So in retrospect, when I start reassessing nay position, based on listening to the tape and all that, I see that the basis for which I was voting to throw everything out, really had not come to fruition; that we had never determined whether there was a local company that was in running in the second place. And if that determination has not been made, and it's not made, then based on the situation that we have at hand, the repairs that need to be made at this point in time, I would be 1n a position to change my vote, to go ahead and begin the repairs immediately. Mr. Jones: Mr. Vice Mayor, the one thing that you have to keep in mind, too, is the fact that that was one of the bases of the protest that was filed, and you might recall whether you - in making a decision to uphold the Chief Procurement Officer's decision to reject the protest, inherent in that was a EK 207 May 13, 1993 decision by this Commission that you Consider that issue in rejecting - in upholding your Procurement Officer. 5o you need to know that. Vice Mayor De Yurre: And? Mr. Jones: No, I'm just saying that you said that the Commission... Commissioner Plummer: Wasn't finding. Mr. Jones: Wasn't making - didn't make a determination. What I'm saying, inherent in your decision to uphold your Procurement Officer's decision to reject the protest, that issue was decided by your decision, your vote, in upholding the Procurement Officer's decision to reject the protest. Vice Mayor De Yurre: What was the protest? Mr. Jones: I don't have it before me, but, I'm saying that I know that was one of the issues. There were several issues that were involved. Commissioner Plummer: Yeah. Mr. Jones: One had to do, you will recall, with the language of the license. On Page 3 of the letter from the Procurement Officer to Mr. Weiss, who was Hayden's counsel, the second issue was the failure to award Hayden the local preference, pursuant to the City of Miami Charter. That was one of the issues. That was the second issue that they raised in their protest. And, of ►'i course, the Chief Procurement Officer's Response to that was as follows: It is to be noted that the bid document submitted by Hayden contained inconsistencies as to regards to firm's primary office. On the bid forms, Hayden listed two street addresses; 4532 Southwest 71st Avenue, in Unincorporated Dade County; and 3025 Blain Street, in Coconut Grove. However, { the Dade County Occupational License, Municipal Contractor's Occupational License, and the Certificate of Competency for Engineering Contracting all show Hayden's address at 4532 Southwest 71st Avenue. Even the telephone directory lists this address for Hayden. All I'm saying to you is that the decision that you made in - excuse me - in passing the resolution upholding the Procurement Officer's decision to reject this protest, you decided on the issue dealing with local preference. Vice Mayor De Yurre: And who made that protest? i Mr. Jones: The protest was filed by Hayden. Yeah, by Hayden, represented by, as I said, Richard Weiss, of Weiss Serota and Helfman. Vice Mayor De Yurre: OK. Now, they were the company that is a local company? i Mr. Jones: Yeah. They were claiming that they were entitled to local preference because their primary office... Vice Mayor De Yurre: OK. And they made a protest? Mr. Jones: Yeah. Vice Mayor De Yurre: And that protest was thrown out... EK 208 May 13, 1993 R3;a , . Mr. Jones: Yes, you... Vice Mayor be Yurre: ... by this Commission? Mr. Jones: Yes, it was. Vice Mayor De Yurre: Which then resulted in what; that we considered that they were not a local company? Mr. Jones: Yeah, because that was one of two issues that was decided in the protest that you voted on. Vice Mayor De Yurre: OK. Well then, that being the case, that there is no local company, then even more so, I'm willing to go ahead and award 1t to the lowest bidder, and if that's the case, I'm ready to make a motion that that be the case. Mr. Jones: Procedurally, what you'd have to do is, of course, you'd have to pass a resolution - well, no, you wouldn't, because you wouldn't be dealing with Hayden. Yeah, you can do that. Vice Mayor De Yurre: Can I do that? Commissioner Plummer: The lowest bidder was Cone. Mr. Jones: Cone, yeah, Cone. Cone Constructors. Commissioner Plummer: That was the lowest bidder. Mr. Jones: I might also advise you, too, so that you'll know this, I did send a memo to each of you when the lawsuit was filed, because Cone did file a lawsuit asking the court for a writ of mandamus, the effect of which would be to force the City to grant them the contract, 1n that they were the lowest bidder. The basis of their action, of course, is that they claim that the Commission's actions, in throwing out the bids and directing the Administration to start all over again were somehow arbitrary, capricious, whatever. We're prepared to defend on it. I mean, of course, obviously... Vice Mayor De Yurre: Well, the obvious part of this motion... Mr. Jones: Obviously, I think if you... Mayor Suarez: We are pretty sure you're prepared to defend on it, as always. Mr. Jones: We are defending it... Mayor Suarez: OK. Mr. Jones: Defending on it, because you reserve the right in the request for proposals that you could throw out all bids. That's what we do with every bid situation. Mayor Suarez: Right. Now, Mr. City Attorney... EK 209 May 13, 1993 Mr. Jones: Yes, sir. Mayor Suarez: One quick question, and one statement. It is true, I believe, that even 1f we had found his company to be a local bidder, that we still have discretion not to give - not to implement the local preference; isn't that correct? Mr. Jones: Yes, it's discretionary on your part. Mayor Suarez: A certain amount of discretion there. And of course, in this case, you are now telling us that we found that we were rejecting his protest, and therefore, that we didn't find that he met the local preference, local vendor criteria. My question is, supposing we were to move to award this to the lowest bidder, who also is 1n court now. Can we do 1t in a way that gives you or makes us subject to settling with the litigant, to make sure that there are absolutely no economic consequences to the City? Mr. Jones: Yeah. I was about to suggest that to you. Procedurally, what you'd need to do first though would be to pass a resolution rescinding your decision to throw out all bids. Mayor Suarez: Well, but I don't want to do anything until I'm sure that we... Mr. Jones: Yeah, OK. Mayor Suarez: ... in the final analysis, if we were inclined to award this thing. Mr. Jones: Yeah, I would... Mayor Suarez: You know, we have high paid lawyers here, three of them. I've litigated with some of them before, and I know all three, and they wear very expensive ties. Mr. Jones: Yeah. Mayor Suarez: I want to make sure that this is not going to cost us money, in addition to the aggravation that it's already cost us. Mr. Jones: No. I would have to agree with you wholeheartedly that there shouldn't be any award unless one of the contingencies is that the lawsuit that's been filed is dismissed with prejudice. I just have to tell you, too, that I think that in terms of the merits of the lawsuit, that it's totally baseless, it doesn't have any merit in law or in fact, and quite frankly, I think that we were going for Rule 11 sanctions, because, I mean, I think it was that ridiculous. Mayor Suarez: All right. Vice Mayor De Yurre: With all that in mind... Mayor Suarez: I hope that's true about some other cases we are defending, and } that you convince the judge and the jury of that. j { EK 210 May 13, 1993 Commissioner Plummer: Yeah. That's about as strong as I've ever heard the City Attorney... Mayor Suarez: Really, Commissioner Plummer: ..o take a position on. Vice Mayor De Yurre: All right, so what motion do we need now then? Mayor Suarez: What's the appropriate motion, assuming you want to do... Mr. Jones: The appropriate motion, you need to first, because as it stands right now, you don't have any bids. So you need to pass a resolution rescinding your decision at the last meeting to throw all bids out. Mayor Suarez: All right. Vice Mayor De Yurre: So moved. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: 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. 93-313 A RESOLUTION RESCINDING RESOLUTION NO. 93-252, ADOPTED APRIL 15, 1993, IN ITS ENTIRETY, BY WHICH SAID RESOLUTION REJECTED ALL BIDS RECEIVED IN CONNECTION WITH THE DINNER KEY MARINA RESTORATION -PHASE II REHABILITATION OF PIERS AND BAYWALK H-1008. (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. EK 211 May 13, 1993 jggi COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I am going to vote yes, but I thought we did that on the reconsideration vote. Mr. Jones: No, you just reconsidered - the motion for reconsideration was just to bring it up for discussion purposes. Commissioner Plummer: All right. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Now, the appropriate motion, if we wanted to award this to the lowest bidder would be? Mr. Jones: Would be a - which is a formal resolution that was prepared at the last meeting. We can use the same thing. It would be a resolution accepting the bid of Cone Constructors in a proposed amount not to exceed $2,875,430. Mayor Suarez: With no negative economic consequence to the City, whether related to the fact of a little bit later implementation of the agreement, or to the fact that there was litigation. Can we build that into the motion? Commissioner Plummer: Well, that was said before. Mr. Jones: Yea, but, I mean, that's also a contingency, that I would only advise you to pass this with. Mayor Suarez: OK. All right. Commissioner Dawkins: Also built into the motion that we're following the recommendation of the Administration. Mayor Suarez: All right. Mr. Johnson. Mr. James Johnson: Do you think that I'm going to let this go through, what you're just saying? Vice Mayor De Yurre: Well, I'm not through yet. Hold on a second. Mayor Suarez: We're certainly going to hear from you at the appropriate time. Vice Mayor De Yurre. Commissioner Plummer: There's not motion on the floor. Vice Mayor De Yurre: Do we add to this motion the fact also that it's contingent on the fact that they withdraw their action from court at no cost to the City? Mr. Jones: Yeah, that the action be dismissed with prejudice. Vice Mayor De Yurre: OK. EK 212 May 13, 1993 E El Mayor Suarets City Clerk? I think we do have a motion on the second, do we not, Madam Ms, Matty Hirai (City Clerk)! Not on the second motion, Mr. Mayor. Vice Mayor 0e Yurre: Well, that's a motion, and if we can second it. Commissioner Alonso: Move it. Mayor Suarez: All right. Moved and seconded. Mr+ Johnson: My name is James Hayden Johnson, Jr., and I am the president and owner of Hayden Enterprise, the other company that's involved in this. I think that at this time, I mean, I just found out about this at 11:00 o'clock that this was even going to come up today. So in my opinion, I think that Myself, plus other parties that are involved, because at this point, the new bid documents, we pick them up today, the bid will be out on the 28th of this month, which 1s 1n two weeks. I think that this got quite a bit out of hand because of friends of mine. I think that the people, if there is any influence peddling, it's on Adorno Zeder's part, and on Rojas and the people they had come here to intimidate the Commission, and not myself. I had to file a lobbying form so that I could go and talk to each Commissioner on my own. And when I went to talk to them, I started finding out that Cone had hired a law firm which is noted for this. I mean, I'm upset about the whole thing, because I really think that I should have been awarded the local preference. Monty Trainer has been made an issue by the Herald, and I think that that's poor, because they're not dealing with the issue and actually what is transpiring here. It's transpiring here that I'm a local company. There was some confusion, because I represent a black minority company. We didn't bid against Cone as the minority company, because of the bonding, and because Cone had sued the State, they have sued the City of Tampa, they are suing several minority companies right now, and only three or four weeks ago was their appeal to the State - and I'm not sure how this all goes, but I'm sure that I have attorneys that will pull it out. I have all of the documents that came from it. I've never sued anyone in my life, and never even hired an attorney until I thought that I was right in what I was doing at this time. With what's happening at the airport, now, I'm losing most of the contracts. I'm a local City of Miami Dade County resident and contractor for 22 years. It's like since the hurricane, all of the local contractors lose every job. We have problems with Jackson Memorial Hospital, we have problems with the parks. I'm here, and every bit of money that comes into my company stays in this town. At the last meeting, we agreed that we would lower our bid, to take the project. And if you look, if this comes back for reblds - and in fact, if you look 1n Engineering News Record, this month, you will see PCL, the contractor that wrote the letter, that didn't bid because of some of the other discrepancies. They're one of the largest 1n the country. At this point now, you're probably going to find out - I mean, I'm going to bid and try to get the project as low bidder, but you're going to find out that you're going to save at least ten percent, because everyone is going to come in lower. In fact, downtown, when the same licensing came about, when you had Cagefar and you had Recci and all the companies bid, and there was a question about the engineering contractor's license, those jobs came in at almost a million dollars less. At this point, I think that now that the bids are out, that this is the Commission, and I don't know how to deal with this, but I EK 213 May 139 1993 M don't think that you're in line on considering this now and giving this to Cone, because I have certain principles now which I cannot give up at this point. I have been attacked by the Herald, because they didn't even look at the issues. They were looking at something else. You people were intimidated by five or six of Adorno 2eder's people standing here along with Rojas It must have cost them a lot of money. The only money I spent was the attorney that I hired. And I am upset that they're even sitting here now... Mayor Suarez: Who is Rojas? Mr, Johnson: I would think he belongs in their firm. You - when he came into the meeting last time... Mayor Suarez: You mean the State representative? Mr. Johnson: The State representative, who stood over here with his arms folded through the whole proceedings, which he had no - he had nothing involved in this. Mayor Suarez: Nothing derogatory, but Ted Rojas wouldn't intimidate me. I forgot that he was with their law firm. Mr. Johnson: Well, they intimidated, to I assumed that that same thing happened with other people in the City or in the Commission. Mayor Suarez: All right. Mr. Johnson: I can only say that I didn't expect this kind of reaction. I didn't expect the things that Cone has been noted to have done throughout the State and in their part of the thing to carry on down here. That's why for myself, when all these contractors are gone and the money has left town, like it has on so many projects, I'm still here. When my men that are union go to Jackson or somewhere for their wives to have children or something, they have hospitalization and things that are paid for their effects. This is even a non -union company, if you want to get down to this part. But the thing is, It's like whatever it Is, whatever is spent with me is here and stays here. And it's like I am having so much trouble getting work because - and if you're a local contractor in the City and in the County, your liability insurance and all, they're much more than a contractor out of Tampa. They have said 1n the Herald this morning that they're going to use local people where they're a broker. Mayor Suarez: James, what is your current, main, principal business address? Mr. Johnson: 3025 Blain Street, in Coconut Grove, where it's been ail this time. Mayor Suarez: All right. Make sure that in all future applications for the City of Miami, you don't use a PO box, you use a nice street address that we can deal with, in an area that is appropriately zoned for whatever the business is that you're conducting. Mr. Johnson: It is, and it was on there. EK 214 May 13, 1993 Mayor Suarez: OK. Mr. Johnson: The thing that they picked up was that I listed both tOMp&hies. Mayor Suarez: Because we'd like to do business with you. You do good work. Mr. Johnson: Well, I listed both companies, because it said in the bid form that you need to have all companies involved. I listed my black minority company and my company. That's why I listed both addresses. Here is our minority status with Dade County that gives the address. Mayor Suarez: Don't say your black minority company, because that's sort of a contradiction in terms. Mr. Johnson: But that's the address... Mayor Suarez: But the company that you're affiliated that apparently has... Mr. Johnson: That I've been affiliated with, that is their address. Mayor Suarez: OK. So. but it's not yours, but it's a company in which you have a minority ownership. All right. Mr. Johnson: Exactly. And their address and their license is all there. The license they quoted is true and if they look, it's J. J. Shane, Incorporated. Mayor Suarez: But in this case, the issue is - has nothing to do with minority involvement. It has to do with local preference. Mr. Johnson: No, but you asked why there was... Mayor Suarez: And to qualify for local preference, you've got to have a Miami address in an area that is zoned appropriately, with a license that is appropriately obtained for the business in question. So make sure you have all your ducks in order... Mr. Johnson: I have that. Mayor Suarez: ... for future applications. We want to do business with local companies. Nothing wrong with Tampa. It's just we want to give a preference to local companies. That's what our ordinance seeks to do. OK. Anything further? Mr. Johnson: No, except in the Virgin Islands where I'm a contractor also. They give local preference ten percent automatically. Mayor Suarez: The Virgin Islands? Mr. Johnson: Automatically they get ten percent. Mayor Suarez: What does the Virgin Islands have to do with this? All right. We have a motion and a second. Any further discussion? Commissioner Plummer: Just for the record. EK 215 May 13, 1993 t J' F i Mayor Suarez: Commissioner Plummer. Commissioner Plummer: Mr. City Attorney, at the last hearing, we all know Mr. Dick Bunnell is a mer of the City of Miami Waterfront Board. It was not known by me or other members of this Commission till at the time of the hearing that he was a member of the recommended firm. Is 1t also the Cate that he presently is still a member, would take a four/fifths waiver of this Commission to award the bid? Mr. Jones: That's correct, sir. Commissioner Plummer: May I ask the Administration why that was not... Mr. Jones: The sub. You know something, it's the sub. Commissioner Plummer: So you don't have to give that? Why was it said at the last meeting? Mayor Suarez: Does that rule apply 1f it's a sub? Commissioner Plummer: Huh? Mayor Suarez: Does the rule apply if it's a subcontractor? Commissioner Plummer: I don't know, I'm asking. Mayor Suarez: Well, logically, is the subcontractor included in your bid to us? Mr. Jones: There really is no privity between the City and the sub. The privity is between the GC (general contractor) and the City. Mayor Suarez: What he means by that 1s the contractual relationship is with this entity, not the subcontractor, so therefore, there is no conflict. Commissioner Plummer: It was said at the last meeting, when suddenly it became obvious that he was a member of the team, that it was going to require a four/fifths vote of this Commission to provide a waiver. Now, I'm asking, is that still the case or not? Mayor Suarez: Right. And that's what I'm trying to get at. Mr. Jones: Does Bunnell have a company or what? Or is it he, himself, individually contracting? Mr. Wally Lee (Assistant City Manager): He's listed as a subcontractor. Mr. Jones: But I'm saying, is he listed individually, or does he have a company, or what? Mr. Lee: A company. Mayor Suarez: sense? Do you want to move the waiver, just in case? Does that make EK 216 May 13, 1993 C • Commissioner Plummer: I'm just asking, Mr. Mayor, what's required. Mr. Jones: Yeah, why don't we, just to play 1t safe, just grant a waiver se if there is any question, we've got a waiver in place. Commissioner Dawkins: If you move a waiver and the individual was influential in having this bid awarded, that's a conflict of interest. I don't care, you can't waive that. Mr. Jones! You're not doing a contract with him, Commissioner. You're doing a contract with the GC. He just happens to be one party involved where the _. work is being subbed out. The Code requires... Commissioner Dawkins: Then you don't have to waive anything. Mr. Jones: No, the Code... Commissioner Dawkins: If you give it to the contractor, the contractor has a right to hire who he wants. Mr. Jones: But the Code requires, the Code has specific provisions about doing business with one's agency. Technically, while there may not be a direct contractual relationship, he's benefiting from this, and all I'm telling you... Commissioner Dawkins: And that's a conflict of interest. Mr. Jones: ... just for purposes of being safe, in terms of any action you're taking, that you grant a waiver so that we'll be covered 1n any event. Commissioner Plummer: That's fine. All right, I'm just trying to establish it on the record, because 1t came up at the last hearing. Commissioner Dawkins: How can you waive a conflict of interest? Commissioner Plummer: "Is 1t a conflict of interest?" is the question. Commissioner Dawkins: Either it's a conflict or it's not. Mr. Jones: Why don't we do this, why don't we do this: You can award the bid, and before the contract 1s executed - because I understand the waiver has to be advertised. So before the contract is executed, we're going to have to advertise for the waiver, and of course, you'd have to... Commissioner Plummer: Mr. Jones. Mr. Jones: Yes, sir. Commissioner Plummer: That was one of the reasons that I voted at the last meeting to throw the bids out, because it had always been in the past if someone was going to be a part of a bid, the waiver was asked for in advance, so they could apply as part and parcel of a bid. Now, are you telling me at this particular time that it makes no difference? EK 217 May 13, 1993 E Mro Jonest In this particular situation, yes, it does make a difference. that's what I'm saying, Commissioner Plummer: Well, that's not what I was told at the last meetings I had two areas 1n which I predicated My vote on. One was that, because we were not made aware of it until the time of the meeting; and the second one was in relation to the wording relating to the licensing, which has been corrected, by the way, in the new bid, or the new bid procedures. but I can go to the record, and I know for a fact that it was said that it would require a four/fifths vote, an exceptional vote of - required for a waiver. Mr. Jones: We11, I apologize for any misinterpretation of whatever I gave you, but according to the law, if you are going to grant a waiver, it has to be advertised. Commissioner Dawkins: I call the order of the day. Mayor Suarez: All right. Which is the way that you suggest that we do it then, Mr. City Attorney, so that we can move on? Mr. Jones: But that doesn't preclude you from awarding... Commissioner Plummer: Huh? Mayor Suarez: We've got a Commissioner moving to close... Mr. Jones: That doesn't preclude you from awarding the bid. Commissioner Plummer: Well, put that on the --watt a minute. Excuse me, Mr. Mayor. Put that on the record, please. _ Mr. Jones: What I'm saying is, even though waiver is required, I said it doesn't preclude you from awarding the bid. Commissioner Plummer: What happens, for example, if the waiver is not granted? - Mr. Jones: Then he won't be doing work - if he does work, he'll be doing it illegally. Commissioner Plummer: Or they would have to drop him from the proposal? - Mr. Jones: Absolutely, yes. Mayor Suarez: By the way, needless to say, this 1s about the third or fourth time that we deal with a waiver of this sort. It is highly recommended, and for my vote in the future- -maybe we should adjust the ordinance accordingly - that you not - that you resign from the Waterfront Board, or any board of the City if you are going to be a subcontractor or a contractor. At least for my vote. Maybe that's a simpler way of doing it. Commissioner Plummer: Well, Mr. Mayor, you know, I would hope in the future two things, that maybe we've learned something by our past. Number one, if, in fact, that is the case, any waiver should be known up front, in advance, not at the time of the meeting. EK 218 May 139 1993 • Mayor Suarez: Well, it's conceivable in this case that they may have felt there was no issue of a waiver, because they're only a subcontractor. I don't know if that's... Mr. Johnson: See, the first phase bid that he had to get away from... Commissioner Plummer: Oh, I'm not finding fault with you. I'm just saying that that was Part of the vote, that I predicated my vote on at the last meeting. Commissioner Dawkins: Yeah, but if the gentleman resigns from the board, and the company he's with does not get the bid, he's resigned for nothing. So I call order of the day... Mayor Suarez: That's the other side of the issue. All right. How do you recommend that we do 1t then? We first vote on the award, correct? Mr. Jones: Madam Clerk, did we vote on - they made a vote on rescinding? Mayor Suarez: Yes, we did that. Ms. Hirai: Yes. Mayor Suarez: OK. Commissioner Plummer: OK, I've got one other question, and then I'm ready to vote. Mayor Suarez: All right. Commissioner Plummer: Mr. City Attorney, at the last meeting, as you know, my area of concern also was in the area of the licensing as requested in the RFP (Request for Proposals). That which was requested, even though you didn't feel there was a major problem, was, in fact, corrected in the new RFP, which 1s going out today, and made it extremely clear. Are you still of the feeling that, in fact, that the wording that was in the original RFP was complied with by Cone, where they registered, but did not receive a certificate of competency? Mr. Jones: Commissioner, based on the evidence that was submitted to me, and the opinions of the administrative staff who are familiar with this whole process, and who further indicated that they felt comfortable that this was the industry standard, I have to preface my decision as I did at the last meeting that, yes, I feel comfortable with it. Commissioner Plummer: Thank you, sir. Mayor Suarez: OK, we have a motion and a second. Any further discussion? If not, please call the roll. EK 219 May 13, 1993 «; The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-314 A RESOLUTION (ACCEPTING THE BID OF CONE CONstructors, INC., ("CONE")IN THE PROPOSED AMOUNT NOT TO EXCEED $2,8759430.000 TOTAL BID OF THE PROPOSAL, BASED BID PLUS ADDITIVE ITEM NO. 19 FOR DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS AND BAYWALK H-1008, DAMAGED OR DESTROYED BY HURRICANE ANDREW; FUNDS THEREFOR TO BE REIMBURSED FROM PENDING INSURANCE CLAIMS, THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND TO BE ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NOS. 414501 AND 414005, IN THE AMOUNT OF $2,875,430.00 TO COVER THE CONTRACT COST PLUS ANY ACTUAL REIMBURSABLE DESIGN AND ENGINEERING EXPENSES 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.) 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. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to vote yes, to get it off of dead center. I -_ just am finding out things today that I didn't know at the last meeting. Things are different in the way they're being professed here. Let's get it done and get it over with. COMMENTS MADE AFTER THE ROLL CALL: Mayor Suarez: Do we need to move any other items then related to the waiver at this point, or that the publication will be automatic? Mr. Jones: I think at the last meeting, it was advertised. Yeah, we could, we'll publish again. We should advertise. Mayor Suarez: OK. Do we need to do anything at this point? EK 220 May 13, 1993 qV Commissioner Plummer., Well, wait a minute, now. I'm concerned. If you got to publish this thing and we got to vote on it, I thought what we were trying to accomplish here today was to get this damn thing started. And now, we're going to be talking about publishing. Can you do it between now and the next two weeks? Mr. Jones: Commissioner Plummer... Commissioner Plummer: Because the one thing that I wanted to ask of either one of the bidders who were going to be successful... Mr. Jones: We need ten days. Commissioner Plummer: ... was, 1n fact, can they cut the time that they are going to require to bid and to do the work. I was hopeful that that could be the case. Commissioner Alonso: In cases in the past, have we followed this, that you are suggesting now? Mr. Jones: The advertising of the waiver? Commissioner Alonso: Yes. Mr. Jones: Yes. Commissioner Alonso: We did in every case? Mayor Suarez: Is there any way that we can implement this contract without undue delay, even with the publication issue? Mr. Jones: Yeah, you can start, yeah. Mr. Cesar Odio: Give it to the GC and they cannot approve (unintelligible) unless they get the waiver. And if they don't get the waiver... Mayor Suarez: And it cannot cause any delays... Commissioner Plummer: All right. Well then, what you're saying, Mr. Manager and Mr. City Attorney, do you concur that they have now just been given the award, that if the waiver has not come about, they are fully understanding, they cannot use that individual and would have to bring in another individual? Do they understand that, and do they agree to that? Mr. Odio: Do you agree to that? Mr. Henry Adorno: I'm not sure who I'm answering now. Commissioner Plummer: Well, I'm just trying to get this thing moving. Mr. Adorno: Commissioner, Commissioner, let me - I think I can answer your question. Notwithstanding that we disagree legally that a waiver is necessary because he's a subcontractor. We're not going to delay this job, and if the City Attorney says that a waiver is necessary, until such time as a waiver 1s EK 221 May 13, 1993 C a , $ r t obtained, he will not act as a subcontractor. If a waiver is not obtained# he will not act as a subcontractor. If a waiver is obtained, he will act as a subcontractor. Mayor Suarez: And what about the other possibility of him resigning? I man, is that a Choice, too? Mr. Adorno: It will not be a problem. Mayor Suarez: All right. And it will not cause any delay? Mr. Adorno: You give us the contract, we will start work immediately and make sure that we have no problems with the City Attorney with regard - regarding this issue, Mayor Suarez: All right. Now much does it usually take to bring him under contract, to prepare the documents? Mr. Jones: How long will it take? Mayor Suarez: Right. Wally. Mr. Jones: They should be already ready. Mr. Lee: It's ready. Mayor Suarez: It's ready, so that would not be an issue. All right. I think we have a lot of assurances on the record, I hope. Madam City Clerk maybe we ought to transcribe that last assurance that we received from Mr. Adorno and make sure that we have that handy, in case we have to remind him of what 1t is that he just said on the record. Mr. Adorno: For the record, 1t was Mr. Bloomberg who filed the lawsuit. Mayor Suarez: Yeah, I thought it was the heavy -set guy. Commissioner Plummer: We know the frivolous lawsuits. Mayor Suarez: We've dealt with him before in court. EK 222 May 13, 1993 �tv nv s a iu iiiirrirr—rf�—rirrrrrr-----is---------------- 42. DISCUSSION CONCERNING PROPOSED RESOLUTION CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 29 19939 FOR PURPOSE OF SUBMITTING TO THE VOTERS A BALLOT QUESTION AS TO WHETHER THE CITY OF MIAMI SHALL BE AUTHORIZED TO EXCEED THE CONSTITUTIONAL 10 MILLS LIMITATION BY THE LEVY OF AN ADDITIONAL AD VALOREM TAX OF NOT MORE THAN 2 MILLS, FOR A PERIOD NOT TO EXCEED TWO YEARS, FOR PROVISION OF ADDITIONAL SWORN POLICE OFFICERS AND RELATED EQUIPMENT FOR THE BENEFIT OF THE CITIZENS OF THE CITY OF MIAMI. rrrrrrrrrrrrrrrrrrrrrrr—rrrrrrrrrrrrrrr—rrrr—rrrrrrrr—rrr----r------- Mayor Suarez: Item 32. Commissioner Dawkins: Move it. Commissioner Plummer: What number? Commissioner Dawkins: Thirty-two. Mayor Suarez: The item, I believe, has to do with a special miilage imposition which would be earmarked for... Mr. Jones: Thirty-two is just a public discussion, because the only - you asked me to put this back on for discussion purposes. The earliest that you could adopt this would be at the July 8th meeting. Mayor Suarez: All right. Commissioner Plummer: This is in relation to the additional two mills? Mr. Jones: Yes. Commissioner Plummer: Well, let me just go on the record right now. I'm opposed to it. I will not vote for any increase in taxes, especially without showing some area of cutting. The police department today receives $90,0009000 plus. As you know... Mayor Suarez: I'm just wondering why the usually astute Michael Putney showed up here on this item. Commissioner Plummer: Well, I don't even know why, because he did his bit last night. But that's beside the point. Look, as far as I'm concerned... Mayor Suarez: He had a bad day, he had a bad day. Commissioner Plummer: I would like to finish. You know my argument, Mr. Manager. It is consistent, it is long-standing, that major changes needed to be made in the police department. You're talking about two mills for two years. That would equate itself to $40,000,000. Sir, I'm not - I'm just talking to you. What I'm saying is that the proposal, as skimpy as I saw it, showed 50 additional policemen. We know the old story in every major city when there is a problem. Throw more money and more policemen to cure it. It EK 223 May 13, 1993 doesn't work. But even 1f in fact that ware the case, and you increase 50 policemen, you're talking two and a half million dollars. Where is the other 36, 37 and a half million dollars going? So I'm saying to you that I, for one, as a Commissioner and a taxpayer, am damn sick and tired of tax increases, increases and increases. Now, Mr. Manager, let that be a warning to you, sir, that this year, I'm not running for reelection► I'm looking for a reduction in taxes. Commissioner Dawkins: I'm running for reelection, and I feel that 1f there is a $40,000,000, the $37,000,000 would allow you to hire 50 more policemen. Somewhere along the lines, somebody has to realize you can yell and scream no taxes all you want, but when you go to Publlx and fill that basket, if you don't want to pay the taxes, they tell you, put the goods back on the shelf. And it's that way here. Either we're going to have to find the money - and I have no problems, I am running for reelection, and if they want to call this tax, a user's fee, or anything, but this is a stand that Miller Dawkins is taking in an effort to find a solution to the criminal element and epidemic in the City of Miami. Commissioner Plummer: You died. Commissioner Dawkins: That's why you have five Commissioners up here, and three is a majority. If three members up here say they do not want to put this to the electorate, for the electorate to make a decision as to whether they feel that they would like to establish a $40,000,000 fund, which only the interest would be used to hire police, instead of spending - how much money do we spend in overtime in police now, Mr. Manager, to overtime? Mr. Cesar Odio (City Manager) Four million. Commissioner Dawkins: Instead of spending $4,000,000 in overtime, you take that $4,000,000 and hire additional police. You could also fund those policemen from that forty dollars [sic] fund. But there again, this is something that Miller Dawkins feels that it should be put to the electorate, and that the people who vote can make up their minds whether they want to provide the services to fight crime or not. Yes, as J. L. Plummer said, the budget 1s $909000,000. Commissioner Plummer: Plus. Commissioner Dawkins: Plus. But the $90,000,000 does not purchase the police service that's needed. When you first started, you did not have a crack epidemic, you did not have crack cocaine babies, you did not have a rash of snatch pursing [sic] and everything. You need people on the streets to fight crime. Commissioner Plummer: I agree. Commissioner Dawkins: And the only way to put them on there is get some money to pay them and get some people where you don't have to pay overtime for them to go - we lose people on the streets because when they make an arrest, they got to go to court, and when you go to court, you got to pay them overtime. But somewhere along the lines, it's up to the voter's, not to me. I'm a citizen, a taxpayer, I'll be - if this is put on the ballot, I'll be trying to EK 224 May 13, 1993 sell it. If it's not put on the ballot, I'll have to forget about it. Thank you. Commissioner Plummer: Let me commend Commissioner Dawkins for at least coming up with what he feels is a solution. But I have to go back to try long- standing before this Commission, I am still of the belief that if there were radical changes made in the police department, that tomorrow you could put 50 to 100 policemen on the street that are not there today. What - and it's a matter of priorities. It's just simply that. We have them at the present time. For every supervisor in the police department, they supervise four people. Four people. We've got a supervisor for every four. I don't think we need that. We've got 16 policemen doing background checks, when other people use civilians. We've got policeman out in Biscayne Bay when it's not our responsibility. We've got policemen on horseback, that are writing tickets in Coconut Grove. I can't remember the last time a parking meter stuck a gun in somebody's face. We've got policemen on the complaint board. We've got policemen doing everything - not everything, excuse me - a lot of them that are not doing policework. They were hired to enforce the taw; not a boxing program. We got policemen still in a boxing program. I'm saying to my colleagues on this City Commission as I have said, and consistently, we need radical change. We can't continue to do business as usual, and I will conclude by the same argument I use at all times. That any time I can walk out of this City Commission and in less than five minutes, go buy all the cocaine I want, only limited by the money I got in my pocket. And I'm not talking about driving a car. I'm talking about walking from this place. Something has got to change radically. Eighty percent of the crimes committed in this City today - and I'm sure others - are drug related. I can't remember the last time a sting was held in Coconut Grove. It doesn't happen. All I'm saying, again, as the Governor said and others, show me where you're willing to cut and Increase productivity, and then maybe I might talk about some additional funding. But until that time comes, let's remember, of the $90,000,000 in the police department, 90 percent of it is salaries and employee cost, and it's going to go up. Vice Mayor De Yurre: Let me say that, you know, I've said this before and I'll say it again. One of the most significant programs that we've had in the police department was one that we had last year when we had the additional police officers coming out with the overtime that basically doubled our police force to a great degree. And a couple of months ago, we allocated $800,000 to renew that program. Mr. Odio, do you have some statistics as to what impact that additional money and the additional program has had on the community? Mr. Odio: The report that I have, that I've seen is that crime has gone down 77.5 percent in the last month in the City of, Miami, 77.5 percent. Of course, somebody got mugged yesterday. That doesn't mean a damn thing to them. But that's a fact. Vice Mayor De Yurre: But you know, the - 77 - because I read that in the paper, too. Mr. Odio: 77.5 percent of the crimes have gone down. Vice Mayor De Yurre: That means that we're down to 23 percent of the crime? EK 225 May 13, 1993 xl . _7.0 Commissioner Plummer: Excuse me. What kind of crime went down 77 percent? Mr. Odio: I'll give you the detail if you like, Commissioner. Commissioner Plummer: It sure wasn't part one. Mr. Odio: If you want to get that, all the details... Commissioner Plummer: I mean, go ask those dead people whether or not they think that this - that... Mr. Odio: Commissioner, I told you just now... Commissioner Plummer: Well, I'm asking again. When you make a statement of 77 percent, the crime went down... Mr. Odio: Yes. Commissioner Plummer: They stole a car out of my neighbor's yard day before yesterday. Mr. Odio: But I told you, there is another 23 percent left. Commissioner Plummer: Your neighborhood and mine. I'm sorry, I can't believe... Vice Mayor De Yurre: Well, do we have statistics, guys, or not? Commissioner Alonso: 77 percent. Mr. Odio: I think it went... Commissioner Plummer: No way crime went down 70... Commissioner Alonso: That's impossible. Commissioner Plummer: Who gave you that statistic? I want somebody to back it up. Mr. Odio: I'll back it up. We'll back it up. Commissioner Plummer: I want to see a 77 percent drop in crime. Commissioner Dawkins: And where. Commissioner Alonso: No way. Commissioner Plummer: Yeah. Yeah. Commissioner Dawkins: And where. G Commissioner Alonso: No way. Mr. Odio: OK. - i i EK 226 May 13, 1993 i 11 Commissioner Plummer: That is a - I want to tell you, I'll sit here and eat my hat. Vice Mayor be Yurre: And a whole bunch of other things, too, for that kind of percentage. Ms. Georgia Lee Thomas Jones Ayers: Pardon me, Commissioners. My name is Georgia Lee Thomas Jones Ayers. Commissioner Plummer: I'm well aware of your name, and I'm aware of your fame. Ms. Ayers: And that's right. Well, I want you to know, you're the ones that told me two years ago, Georgia, there's money in the Law Enforcement Trust Fund, go and get some of it. OK. I have gotten what? $75,000 - $70,000, and I asked for an additional five. And the reason the chief and the major - welt, he's chief now - agreed to give that to me is because for the City of Miami - and I have the stats to prove it. Just come to my office, and you can see where - hold it, chief. Hold it, Commissioner - where we worked with the children, the youth that was doing a lot of the crime... Commissioner Plummer: Doing a hell of a good job. Ms. Ayers: ... in the Overtown area. Commissioner Plummer: I'm not speaking about one area. Ms. Ayers: OK. OK. Commissioner Plummer: I'm not speaking about one area. He's speaking Citywide. Ms. Ayers: OK, OK. Hold it, now, chief. Hold it. This is your meeting, but I'm a taxpayer. Hold it. I can take you to our area where we have been working 100 percent with the City of Miami Police Department and show you the statistics where we have brought down crime in these children. Another thing, you have to - hold it. You have to remember, a lot of these people, these children that are supposedly doing crime come from other areas. They don't do it in the area. You give me enough... Commissioner Plummer: We're not in disagreement. Ms. Ayers: OK. You give me enough money so I can put people in Coconut Grove, 1n other areas. Crime was here when we came, Mr. Plummer. Commissioner Plummer: Georgia, Georgia. Ms. Ayers: Yes? Commissioner Plummer: We're not in disagreement. Ms. OK. But I... EK 227 May 13, 1993 1 Wt, C x-i ". 6$3r �S. 4b CoMissioner Plumor: But don't tell Ole crime dropped 77 percent in this whole City. That's hogwash. Pleases I ask you to... Ms. Ayers: Chief, why don't you come out and see the statistics, J.L.? Come out to the community. Commissioner Plummer: Georgia... - Ms. Ayers: Get out there, walk around, and see what's really going on. Commissioner Plummer: Georgia, there's nobody - I'm not putting down any Commissioner here - that's more in that community every day on the street than me. OK? Vice Mayor De Yurre: Well, you know, J.L., if a 77 percent drop 1n crime happened this last month, either we have a tremendous program in place, or everybody went on vacation that... Commissioner Plummer: Yes, sir, I want to know what it is, because I'll sell it to every major city in the United States. Ms. Ayers: You need to put more money in there 1f you want - if you get some results, Mr. Plummer, if you get a result from community based programs... Commissioner Plummer: Georgia, we're not arguing about results. Ms. Ayers: OK. Then, well, don't be so down... Commissioner Plummer: We're arguing about 77 percent decrease. Ms. Ayers: That just came up. Come out there and see for yourself. Walk the streets with me. Vice Mayor De Yurre: OK. Mr. Gonzalez-Goenaga: I was not arrested last month, that's why. Vice Mayor De Yurre: Oh, that's a drop in crime. It. Joseph Longueira: Yeah, that's good. Mr. Odio: The impact... Commissioner Plusrmer: Maybe that was the first mistake. Mr. Odio: ... of hitting the hot spots... Vice Mayor De Yurre: Yeah. Mr. Odio: ... it's working. I'm not ready with the statistics from Raul, but the impact is working. And the fact that... Vice Mayor De Yurre: Well, I expect it to work. EK 228 May 13, 1993 Commissioner Alonso: We need an explanation. Commissioner Plummer: I don't disagree that it's working. Mr. Odic: Are we going to eradicate crime? We're not. We go back again to recidivism, OK? If we keep - rearresting over, and over, and over, the same people. Commissioner Plummer: Yeah, but Cesar... Commissioner Alonso: Mr. Manager, you said the crime dropped... Mr. Odic: Has shifted. Commissioner Alonso: ... 77 percent? Mr. Odle: 77.5 percent in the certain part - I'm trying to get the numbers now. Commissioner Alonso: That, I really have to receive a thorough explanation for. Mr. Odic: It came out in the Miami Herald. It already was published in the Herald. Commissioner Alonso: In the Herald? That means we don't believe it. Commissioner Plummer: So what if it came out in the Herald? So what? Commissioner Alonso: Don't give that as an example. Mr. Odic: And in the - Dade Countywide, it dropped 35 percent. Commissioner Plummer: Yeah, but Mr. Manager, excuse me. When you sit here and tell me that every arrest we make, whether misdemeanor or felony, cost a minimwn $1400, and then you go down there and you tell me that of seven arrests you made on Grand Avenue were for an open can of beer, and I sit down and look, that that's $10,000 just to get seven people with a can of beer... Mr. Odic: J. L., you sound like a recorder. We're not talking about that now. Commissioner Plummer: Damn right. I'm going to bring it up every time. Mr. Odic: And the yellow tails, too, I forgot. Commissioner Dawkins: But hold up. All I need to know is... Commissioner Plummer: What? What was your last comment? Mr. Odic: Yellow tails. You forgot that one. Commissioner Dawkins: I need to know... EK 229 May 13, 1993 s � q Commissioner Plummer: You got a good memory. Commissioner Dawkins: OK. Name me... Commissioner Plummer: But you don't do anything about it, but you got a good memory. Commissioner Dawkins: Name me the • how many areas of crime we got, like part one, part two, part three. Name me what we have. Lt. Longueira: There's seven part one crimes. Commissioner Dawkins: OK. Now, and you're tell me in the seven parts of crime, there was a 77 percent drop in all seven areas? Commissioner Plummer: No, no. Commissioner Alonso: No. Mr. Odio: No, it's just numbers... Commissioner Plummer: Oh. Commissioner Dawkins: Because, see... Mr. Odio: Wait a minute. Commissioner Dawkins: But yet and still, when the cameras pick this up, and it's flashed to people's houses and neighborhoods in the City of Miami, the manager said crime dropped 77 percent. Oooh! We're safe. Now, in what area did 1t drop 77 percent? Lt. longueira: Commissioner, I'll have to get you those numbers. I don't have - somebody gave him the number. Commissioner Dawkins: Gave who the number? Lt. longueira: The manager. Commissioner Plummer: Let me tell you what's really happening... Lt. Longueira: I have a feeling that it's robberies, and it's in a specific area. Commissioner Plummer: The police station that across the street yesterday, they had a purse -snatch right in front of the police station. Commissioner Dawkins: Huh? Lt. Longueira: I have a feeling it's robberies in a specific area that have dropped. Commissioner Dawkins: Well, then see, you need to say that. EK 230 May 13, 1993 Commissioner Plummer: Where? Commissioner Alonso: But it's not the City of Miami. Commissioner Plummer: Where? Lt. longueira: But I'll get that. I'll get that for you. Mr. Odio: Well, I - I didn't get a chance... Commissioner Dawkins: No, you • yes you did. You just didn't say it. You got a chance, now. Mr. Odio: Yeah, OK. Commissioner Dawkins: OK. All right. Don't... Mr. Odio: You know, it's... Lt. longueira: We'll get that. We'll prepare a report for the manager. Mr. Odio: I'll be glad to send you all a report of specific arrests, how many we have arrested, what the crimes have come down in, what areas, what type, et cetera. Vice Mayor De Yurre: OK. Commissioner Alonso: But it's important... Mr. Odio: But it 1s working. Commissioner Alonso: .. to the people that are here today and the people that are watching on TV... Commissioner Plummer: Hey, we had a drive -by shooting yesterday. Vice Mayor Oe Yurre: Hey, one meeting at a time, guys. Commissioner Alonso: ...you said that it dropped 77 percent. I think we need an explanation of what you meant by it. Mr. Odio: Yeah, but you know, Commissioner... Commissioner Alonso: Yea, but you see, this... Mr. Odio: On the other hand, they have been hearing for months that the crime 1s rampant, and that we're not doing the job, and it's ... (unintelligible). Well, it's not. We're doing the job and we're arresting people. Commissioner Plummer: Well, let me tell you something... Commissioner Alonso: Yeah, but say that 77... EK 231 May 139 1993 Nr Mr. Odio: And we have changed the police department considerably. Commissioner Plummer: It don't make sense. Mr. Odio: And we're stuck in gear here. I'll be glad to show you. When the budget book is finished, Commissioner, and I told you that the other day, and you told me you won't even read it, you will see the changes in the police department, page by page. Commissioner Plummer: I told you I don't read comic books. Mr. Odio: Well, it is - see, that's your attitude. If you don't read what we have done hours of work - and even Charlie Cox sat through it - one by one, we took every police officer and asked him what they were doing, and you won't even read it. So how can you - you stilt stuck with the yellow tail. Commissioner Plummer: Let me tell you something. Let me tell you something, Mr. Manager. With that kind of attitude from you and the police department, things are not going to get better. Until you and the police department, in my estimation and my opinion, which I am entitled to, until you change your thinking and realize that we've got a major problem... Mr. Odio: If we think like you, we're OK. Commissioner Plummer: ... I don't think things are going to get a damn bit better. Mr. Odio: But what you're saying is... Commissioner Plummer: You see, the thing that doesn't agree with you is not me. It's the results, and the people who call all of our offices day in and day out who are fed up to here. They're fed up. You're not listening. They pay your salary. Mr. Odio: Oh, no... Commissioner Plummer: We've got to remember who we serve. Mr. Odio: And who started this whole thing with the State and all these meetings we have had here trying to get the laws changed? Commissioner Plummer: Mr. Manager... Mr. Odio: Over and over, hour after hour. Why do you say we're not listening to the people? Commissioner Plummer: ... I will continue as long as I sit on this Commission... Mr. Odio: You don't want to listen to us, either. You will not accept that we have made radical changes in the police department. Vice Mayor De Yurre: Hey, "oye," time out, time out. Go ahead, name and address, please. EK 232 May 13, 1993 f Ms. Lisette Lopez: My name is Lisette Lopez, and I live at... Commissioner Plummer: In spite of all of this, he's still my friend. Ms. Lopez: And I live... Commissioner Dawkins: And I would hope we would not interrupt her. She's been here since 9:00 o'clock this morning, patiently waiting, so please, let her finish. Ms. Lopez: My name 1s Lisette Lopez, and I live at 2820 Southwest 36th Avenue. I live right off Douglas Park. There is no doubt in my mind the police officers of this community work very hard. The problem is, we do not have enough police officers. In my area alone, I have ridden as an observer, and I know, between 1:00 o'clock in the morning and 7:00 o'clock in the morning, there are only four police officers, OK? And that's all of the Grove, and all of the Douglas Park area, of Coral Gate area all the way up to the Brickell area. Four police officers, between 1:00 o'clock in the morning and 7:00 o'clock 1n the morning, normally. Maybe sometimes five. I don't think that is enough, when there is one call, you know, you get two or three police officers who go to one call, and who's taking care of the area, -you know? Maybe, yes, we don't want to raise taxes so much where, you know, to get 50 more police officers out, but maybe we can compromise and get 25 police officers, and get some of the ones that are inside, you know, that we can bring out, and hire some civilian people to do the things that, you know, that can be done with civilian people, rather than the police officers who are trained, as Commissioner Plummer said, to protect the City. You know, I am - I've been a citizen of Miami for nine years, and I have seen, especially 1n the Douglas Park area, the crime has gone - I mean, it got better for a while, but then, you know, it's right back up again. You have all these gang members, down the block from my house, there's a crack house. It's been busted several times, and still, they're still there, and, you know, there are still things going - cars being stolen 1n my neighborhood. You know, people are not even reporting 1t anymore, because they're getting tired of it. You know, I really would like to see more police officers out on the street. Vice Mayor De Yurre: Thank you. Mr. Dan Ricker: My name is Dan Ricker. I'm at 3696 Bayvlew, in the South Grove. Lt. Longueira: I'm going to step out of the way. Mr. Ricker: In this particular case, I can appreciate why we're having such trouble with Bosnia and getting a resolution there. It's an interesting situation here. I agree with Commissioner J. L. Plummer that, in fact, are we looking at all the alternatives? Just as businesses restructured in the 180s, we've leaned and asked ourselves who are our customers and everything else. My question to the City of Miami is: What is the City of Miami's commitment to excellence throughout its program? And specifically with the police, how are we motivating these officers who are in tremendous danger, in a very turbulent area, and we can all appreciate their issues, but how do we somehow restructure the fundamental police department that has probably existed over EK 233 May 13, 1993 the last ten or 30 years to be more responsive to the changing crime needs without constantly just throwing money at them? And that's - I feel like Ronald Reagan, and I wasn't a big Reagan fan. But, I mean, part of the problem is goverment, and just as industry 1s having to ask itself, why do we need to do this, why have we done this, I think all throughout the goverment, specifically in the police, how do we keep our best people? How do we get rid of the weaker sister or weaker members, but also, how do we fundamentally try to serve our community, given the financial restraints that we have? Thus, forcing us to perhaps make some hard choices, but always going down on the side of public safety. Commissioner Plummer: Sir, let me say to you, and let me go on the record very clearly. Of the police who are out on the street enforcing the laws, they're doing one fantastic job. It's the ones that are not that I have the problem with. I don't hire policemen for a boxing program. I don't hire them far... Mr. Odio: Commissioner, we don't have a boxing program anymore 1n the police department. Commissioner Plummer: Sir, sir... Mr. Odio: It was transferred to the parks department, Commissioner. Commissioner Plummer: Your latest - not yours - the chief's latest displacement of people shows a boxing program. Mr. Odio: I just did the budget... Commissioner Plummer: OK? Mr. Odio: ... and I am telling you, there are no police officers in charge of the boxing program. Commissioner Plummer: Mr. Manager, let me ask you a question, sir. We gave you 1n last year's budget, allocation for 150 PSAs, sir. How many have you hired? Mr. Odio: One hundred and ten. Commissioner Plummer: Not, what you're budgeted for, how many do you have working on the street? Let's remember, for every policeman, you have the same equivalent of three PSAs to go out, because 60 percent of a policeman's time is writing reports, and the State of Florida says that PSAs, 1n about 80 percent, can write reports and free that policeman up to go back out and do enforcement of the law. What I want to say to you, sir - because there are some policemen who feel that I'm putting the policemen down. No, no. The ones that are out on the street doing the enforcement of the law are doing one fantastic job, and I will tell you, sir, that their life is 1n danger because the others are not out there backing them up. That's my opinion, of which I'm entitled to. Mr. Odio: Commissioner, may I ask, my friend, Commissioner... EK 234 May 13, 1993 9 At Commissioner Plummer: Sir? Mr. Odio: May I ask a favor of you? Commissioner Plummer: Yes, sir. Mr. Odio: When the funny book is printed... Commissioner Plummer: Yes, sir. Mr. Odio: I would like to go over it page by page with you. Commissioner Plummer: You bet your bippy you will be, whether you'd like it or not. Mr. Odio: And you want to - and then you will see. Wait a minute (INAUDIABLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) Mr. Odio: Could you please excuse me, ma'am. Commissioner Plummer: Give him hell, Dorothy. Give him hell, Dorothy. Mr. Odio: Will you do me a favor, Commissioner? Commissioner Plummer: Sir. Mr. Odio: I will go page by page . You will see each function of the police department for the first time ever in one page, and you will see marine patrol has six people, what they do, how much it cost... Commissioner Plummer: Eight yellow tails, two barracudas... Mr. Odio: Excuse me, Commissioner. Commissioner Plummer: ... and three mermaids. Commissioner Plummer: ... let me finish, let me finish. I mean, I'm trying to be civilized here. One page for function of marine patrol, six police officers, how much 1t cost less the revenue that it brings in, and then you see the cost of the marine patrol. The same thing for every other function of the police department. Commissioner Plummer: Yeah, but wait, wait, wait. Don't give me this hogwash, all right? Mr. Odio: I'm not - I'm not... Commissioner Plummer: When you talk to me about the marine patrol... Mr. Odio: I didn't want to get into the specifics now. Commissioner Plummer: No, no, no, no. Let's get into a little specifics. Mr. Odio: I just wanted to go through every page. EK 235 May 13, 1993 t9 Commissioner Plummer: You're going to tell e►e the marine patrol responded to — a jet ski accident. They did. But you know where it was? it was on land. - They didn't need the marine patrol or a boat. Mr. Odio: A jet ski on land? Commissioner Plummer: Yeah, it was right there, yeah. The people were at the Bickenbacker Bridge. Mr. Odio: Oh. Well, I'm sorry, let me apologize. I didn't mean to get into the marine patrol. Commissioner Plummer: Now, wait a minute, let me go one step further. They called and said do you have any boats in the water? Ahhh. Boats in the water? They didn't have no boats in the water, so the marine patrol officer got 1n his vehicle, his car, and he drover over to the Rickenbacker. Lt. Longueira: But Commissioner, you know we got a problem with boats. Mr. Odio: Excuse me, excuse me. Commissioner Plummer: You got a problem with boats, but damnit, you got a bigger problem with people getting guns stuck in their face. That's where we disagree, OK? Mr. Odio: Commissioner, Commissioner... Commissioner Plummer: I'm sorry, there's a problem out there on the water, but it's not the problem of people in my neighborhood getting their cars stolen, getting guns stuck in their face, the 81 year old woman in Bay Heights that pulled in her garage, two people jumped her and broke her arm and broke her leg. No. I don't consider that out there on that water as important as I do that woman's safety, who was 80 years of age. She's your neighbor and my neighbor. I'm damn sick and tired of it. Mr. Odio: Scratch the marine patrol for a minute. I meant to say, you're going to have the budget of the police department by functions, page by page. We'll look at it, and you will see the changes. You will see them. Will they please you 100 percent? I doubt it. I doubt it. But at least give it a chance. I would be tickled pink with 80. Assistant Cheif Don Warshaw: Commissioner... Mr. Odio: You will be surprised. Assistant Cheif Don Warshaw: If I could answer the question about the PSAs. We currently have approximately 75 PSAs, and the reason that that number... Commissioner Plummer: Half of what we allocated. Assistant Cheif Don Warshaw: ... doesn't dramatically increase is because the PSA program is an entry level program to police officer. So the replenishment of police officer openings comes from the PSAs who are cycled through. So we EK 236 May 13, 1993 `3q t w �.a get up to 90, 95, and then we pull back down, because these people, attar they have served two years, are eligible to go into the police academy. Right now, we're budgeted for 110, We have a register that doesn't expire... Commissioner Plummer: No, sir, you are not budgeted for 110. You're budgeted for 160. Assistant Cheif Don Warshaw: OK. Mr. Odio: Now many are in the academy? Commissioner Plummer: No, he's got 75; 50 percent of what we budgeted him for. Assistant Cheif Don Warshaw: We have 75 right now, and an active register and recruitment that won't expire until sometime in late 1994. Commissioner Plummer: Don, my good friend, Don. All of you are my good friends, unfortunately. I'd love to be your enemy and I could fight you like a tiger. Let me tell you something. I've said it before and I'm going to say 1t again. As I sit and listen to the police radio, every time I hear a _ policeman dispatched that the State of Florida says a PSA could be doing, I _ get upset. And I want to tell you, I get upset literally hundreds of times a day. PSAs can write accident reports. Mr. Odio: I have the solution. We need to get you more bodies... Commissioner Plummer: More what? Mr. Odio: ... in the funeral home. We need to keep you busy. Commissioner Plummer: Thanks. How about yours? Commissioner Dawkins: Mr. Manager, you told Commissioner Plummer that when he = gets the... _ Mr. Odio: I'm going to do the same with all of you. I'm sorry, but I - I was trying to... Commissioner Dawkins: Did that answer my question? Mr. Odio: No, sir, I'm sorry. Commissioner Dawkins: OK. Well, let me - wait till I get my question out and _ then answer it. OK. You told Commissioner Plummer that you had gone through the police department and you have shown on paper how police are deployed; is that correct? Mr. Odio: Well, commissioner, we spent, I think 1t was eight hours, I asked the police department to break down the department by functions, and we did that. Commissioner Dawkins: OK. EK 237 May 13, 1993 Mr. Odio., And then I converted that into writing now, and in order to precisely avoid this constant "Where is who and what are the police doing," you will be able to see for yourselves. If you want to know how many people are on patrol and in what sector, you will have it 1n writing. If you want to see what people are in the planning unit, you will have it there. If you want to see how many are in communications or whatever, yes, you will see that. It has been done. Commissioner Dawkins: Does that tell me or J. L. Plummer how you are putting more sworn officers on the street... Mr. Odio: Yes. Commissioner Dawkins: ... to fight crime, or does it tell me why you got him sitting behind a desk? Because, I mean... Mr. Odio: No. It will show you precisely what you're asking. It will show how many police positions there were, how many we clvilianized and how many police officers have been placed on the streets. It will show you that. In fact... Commissioner Plummer: Let me tell you what it won't show you, and you want to ask the question. Of those that 1t shows you, tell me how many are actually working on a given day, OK? They might tell you that they got 30 policemen working this district, but you're going to have so many of them ill, you're going to have so many of them 1n court, you're going to have so many of them on "E" days, you're going to have... Commissioner Dawkins: And Major Brookes has got 120 that he has assigned to him. Commissioner Plummer: I'm not even starting with that. All right? Commissioner Dawkins: I am. Commissioner Plummer: But what I'm saying to you is, to get the real truth of how many you actually have on the street... Commissioner Dawkins: ... at any one time... Commissioner Plummer: ... you got to know the right questions to ask. Mr. Odio: Well, you know, I can only go and do the human thing, is to show you how many police officers we pay, how many officers are in that unit, how many civilians have replaced police officers, how many might have been removed from the buildings and put to work as police officers. That, we can show you. Now, how many get sick in a given day, or how many have vacation on a given day, of course not. Commissioner Dawkins: is... Mr. Odio: Yes, sir. Well, what you have to show me when you come to see me EK 238 May 13, 1993 r . Commissioner Dawkins: ... have the "P" sheets that show i especially the north district . and you have to show me the zones... Commissioner Plummer: I'll give you all you want. I got everything. Commissioner Dawkins: ... and you have to show me the zone that this young lady just spoke about, and prove to me that in each zone, like I know on a Saturday in Liberty City, there are four people for the whole night, just like she said on her street. Mr. Odio: Commissioner Dawkins, may I? Commissioner Dawkins: Yes, sir. Mr. Odio: I have to deal, to present to you a balanced budget, we have to deal with a revenue projection of $195,000,000. The $195,000,000 1s less revenue than we had I 1985. Yet, you have more police officers than ever before, and more PSAs, and more civilians in that department. Al your property taxes that we collect go to pay for the police department. Now, I have to prepare a budget based on revenue. Do we need more police officers? Of course, we could use a tot more police officers, they will tell you that. If I turn them loose, they will ask for 500 more police officers. Commissioner Plummer: That's always the answer. More money and more men. Commissioner Dawkins: OK, go ahead. Go ahead and - I'm to charge. Go ahead and finish. Mr. Odio: You know, that is true. So I will agree with you, Commissioner... Commissioner Dawkins: Go right ahead, sir. Mr. Odio: ... that, of course, we could use a lot more police officers. But we can't pay for them. Or you would have to make a decision. You are going to give all the money to the police department - you are already giving them all the property taxes. The police department takes - the bulk, folks, of your property taxes... Commissioner Plummer: The equivalent of. Mr. Odio: ... pay for police. You need $45,000,000 for fire. Never mind - I heard the planning department mentioned today, in 1985, the planning department had 65 people. In 1994, 1t has 26. We have eliminated - and Charlie will get up and say this - over 1200 jobs at the City of Miami in eight years. They are gone. Commissioner Dawkins: But you still... Mr. Odio: Yet, yet, yet... Commissioner Dawkins: You've done all of this, and we still don't have anymore... EK 239 May 13, 1993 p _ iif MIN Mr. Odic: Because... Commissioner Dawkins: ... any more additional police on the streets. Mrs Odic: You are right, Commissioner, beCausets. Commissioner Plummer: Oh, no, we got Wackenhut, because the policemen can't take care of downtown. Mr. Odic: But, Commissioner... Commissioner Plummer: We got Wackenhut for $100,000. We ought hang our heads in shame. Mr. Odic: Commissioner Dawkins, Commissioner, you are right. OK. Commissioner Plummer: We're paying $2500 a month to have a policeman drive up and down Poinciana Avenue. Now, this is crazy. Mr. Odic: Where is Lou? Come here, Lou. If... Commissioner Dawkins: But you see, Mr. Manager, you - you and I are on the same wave length, and I keep saying that we need more police, you cannot hire them without money, and everybody can sit up here and pretend that they know how to solve the problem without providing money to hire additional police. It won't work. Commissioner Plummer: That's right. Mr. Odic: I tell you, I wish - I wish - I really would wish... Commissioner Plummer: I do. I sure do. Mr. Odic: ... that we could take the time and really look at the budget that has already finished closely, so you will see the decisions that need to be made. Commissioner Plummer: Commissioner Dawkins... Commissioner Dawkins: Mr. Manager, I hate to cut you off. I'm not interested in no figures. I'm not interested in any graphs. I don't want to know anything but how the lady who lives three houses from me... Mr. Odic: Of course, you're right. Commissioner Dawkins: ... Friday morning, came out, started her car to go to work, got out of her car, took the water hose to wash off the windshield so she could see. A guy comes out of Hadley Park, pushes her down, steals her car, right four doors down the street from the Commissioner. Now, I want to know how to stop that. I don't need to see any graphs. I don't need to see nothing else. I need to know how this lady can walk out of her house on the weekend and see eight policemen instead of four. Commissioner Plummer: sir. Commissioner Dawkins, let me give you one suggestion, EK 240 May 13, 1993 i Commissioner Dawkins: Yes, sir. Now, you been here 20 years. It's about time you give something. Commissioner Plummer: Thirty-nine positions were audited in the police department to put back out on the street. Commissioner Dawkins: OK. I remember. Commissioner Plummer: Yeah? That's over four months ago, and it hasn't been implemented. Does that give you a good idea? Thirty-nine positions. Assistant Chief Warshaw: Commissioner, Commissioner, we have put well over 50 police officers back on the street, who were... Commissioner Plummer: Don, that's just a beginning, a drop in the bucket. Assistant Cheef Warshaw: You're right, and - you're right, and we are going through an audit process and a very aggressive civ111anizatlon program. Commissioner Plummer: But how long are you going to take? Assistant Chief Warshaw: Well, the civilians... Commissioner Plummer: I am losing my neighbors. They're building walls, they're putting on bars, they're buying burglar alarms, and I'm losing my neighbors. Assistant Chief Warshaw: And the civillanization effort continues on a daily basis, and every time a civilian 1s hired to replace a sworn officer, that sworn officer goes on the street. Mr. Odic: But Commissioner, nay friend, I didn't hear - you remember the arguments about clvilianization here, way back when Kenny Harms was here? Commissioner Plummer: Yes, sir. Mr. Odic: Why didn't they civilianlze then, and I didn't hear you screaming then? Commissioner Plummer: The simple reason, I'll tell you why. You weren't here, and you don't know, so I'll inform you. What happened was, the police department was cut to 600 men, and they had to use policemen to do the jobs, because they didn't have policemen or civilians. Now, the problem is, when they brought the force back up to its level, the policemen are still doing civilian jobs. Assistant Cheif Warshaw: Not anymore. Mr. Odic: Give me an opportunity to show you that the department had been turned upside down, and we still don't have enough police officers. EK 241 May 13, 1993 Commissioner Dawkins: OK. One more i Commissioner Alonso, would you like to respond to this? Commissioner Alonso: Yes, yes. I'd like to say, I cannot possibly support this item, because 1 think it's very risky to remove the existing cap that we have at ten mill. Even though we are saying in this item that it's going to be done only for two years, once it's removed, the Constitutional limitation that we have, it's going to stay. I think that we cannot continue to increase taxes to the people of Miami. I don't think that's something that they want. I would be happy to look at some other options to provide funding, appropriate funding for the police department. I also think that we have to look into the police department and have better distribution of police force, to have more policemen in the streets, and also, to increase the number that we have at the present time, and maybe additional funding is necessary, but not through removing the ten mill cap that exists at the present time. I don't think this 1s appropriate. I cannot vote for this item. I will not support it. Commissioner Dawkins: OK. Mr. Goenaga. Mr. Gonzalez-Goenaga: Yes. Weil, unfortunately, Mr. Suarez is not in, but I did consult with my psychiatrist, and he did say to me, give them hell. You have more common sense than all of them together. So my expression here, from experience, is as follows: I am against crime, I am pro police, but for a good police force. I have been reading a lot. I have suffered police brutality, very violent police brutality, and I have testified before the National Association for the Advancement of Colored People, before a full committee. I think that you got the report. You have my testimony there. I think it was 19 pages. And let me tell you something: This is a situation of a checks and balances between dollars and cents and policemen, good policemen. If we get rid of the bad apples within the police department, now, I know all the way to sergeants. If we get rid of some policemen that say, and I have infiltrated through friends of mine the police department, that say, "When there 1s a shooting northwest, I go southwest. I do not arrive at the shooting scene up until everything is quiet." There are some policemen that say that. OK? When you ask a policeman - and to give just one example. At the Latin American Cafeteria, five policemen to arrest this man who don't deal in drugs, who never speeds, who never drinks, who just uses his tongue and speaks his mind, and five policemen arrest me. And then they take me to the station, and they start laughing at me, and I got - I'm going to name them by their names, Officer Frank Montoto. Commissioner Dawkins: Mr. Gonzalez.... Mr. Gonzalez-Goenaga: No, no, no. OK. Well, the issue is... Commissioner Dawkins: You are not speaking to the issue. Mr. Gonzalez-Goenaga: OK. The issue is - OK. Commissioner Dawkins: Speak to the issue. Mr. Gonzalez-Goenaga: Before we raised taxes. Commissioner Dawkins: OK. Now, that's the issue. EK 242 May 13, 1993 -I Commissioner Dawkins: No, but either we have a motion on... Mr. Gonzalez-Goenaga: before we raise, before we increase taxes, going against the Constitution of the State of Florida that has limited, we have, I think, we might even have to go through a referendum in the whole State of Florida, because this maximum, I understand, 1s 1n the Florida Constitution. And if that is the case, I don't think that we can amend that unless there is a general referendum in the whole State of Florida. Mayor Suarez: No, no, no. It's provided by State law. Mr. Gonzalez-Goenaga: We can do 1t locally, locally. Well, we don't deserve it. Mr. Suarez: All right. Mr. Gonzalez-Goenaga: And that's why the way to solve this problem of the police department is that hopefully, next November, we will have Mr. Alfredo Bared sitting in this Commission. I wish we should have had him instead of Mr. De Yurre, but you can rest assured, that I will campaign very heavily for Mr. Bared. He knows the ins and outs of the police department, and I hope that by November, we find out the $150,000 that were stolen from the police department. Mr. Odio: He found the in and he found the out. Mr. Gonzalez-Goenaga: The bicycles are probably in Cuba, and the marijuana is probably being sold by the policemen. Commissioner Dawkins: Thank you, sir. Please... Mr. Gonzalez-Goenaga: There are crooked policemen within the police department right now. Commissioner Dawkins: Thank you, sir. Mr. Gonzalez-Goenaga: A few of them. Commissioner Dawkins: Thank you, sir. Mr. Gonzalez-Goenaga: But they damage the whole body. Commissioner Dawkins: Thank you. Very good. Mr. Juan Torres: Good afternoon. I'm Mr. Juan Torres. Not only am I a resident of the City of Miami, I also own two businesses in this community, and I also have my boat right behind here, in Pier 1, Slip 1. I don't have an issue with the City Commission, I don't have an issue with the police. I'm pro both of them, but I'm here to implore all of you to look hard at the area where we are in here, City Hall. We are deteriorating. We are having more EK 243 May 13, 1993 7 bathe on the South end of the Convention Center, hanging around in the late afternoons and at night. I like to come here and spend my weekends in My boat with rely family and my children I don't think it's that Safe anymore. Many of my neighbors in the marina..s Mayor Suarez: Do you support the implementation of a fractional millage rate? In other words, additional taxes for... Mr. Torres: Yes, I do. Mayor Suarez: OK. Mr. Torres: I support it. We cannot continue to take a free ride. You cannot continue to run a police department on pennies on the dollar, and if you need more force, well, we are going to have to pay for it or... Commissioner Alonso: Are you a resident of the City of Miami? Mr. Torres: No. I live 1n Unincorporated Dade County, but both my enterprises are here. Commissioner Alonso: OK. Mayor Suarez: All right. OK? Mr. Torres: Thank you very much. Mayor Suarez: There's one other way that we can do it, other than a fractional millage rate, and that's to tax businesses and commuters that don't live in the City of Miami, but come into the City so... Commissioner Alonso: That might be a possibility. Mr. Torres: Whatever has to be done, 1 think, at this time should be done. Commissioner Plummer: Yeah, it works in New York, but I... Commissioner Alonso: That might be a possibility. Why not try to do that. Mayor Suarez: We estimate we have a daily population of 820,000 in the City of Miami, as opposed to the permanent population of 358,000. Commissioner Alonso: Daily. Mr. Odio: Daily. We need to deal with them. Commissioner Alonso: Exactly. Mr. Odio: And nobody pays taxes about that, and on top of that, we get all the government buildings in downtown that don't pay tax. Commissioner Alonso: It's costing us. Commissioner Plummer: Now, that's what I'm working on. EK 244 May 13, 1993 Mr Torres: put a tax, put a tax on every discotheque. If you're going to go to a discotheque, you pay a minimum to go in and have a drink. Have a doilar of every drink that we have go to the police department. Mayor Suarez: OK. By the way, there will be, on those discotheques, there will be an additional cent imposed, and the money is earmarked for homeless issues, so you might want to go see your favorite County Commissioner and make sure that the money is spent wisely. Mr. Torres: Thank you. Mayor Suarez: All right. Lou. Mr. Louis Wechsler: I'm Lou Wechsler. I'm the president of the South Grove Homeowners Association, and a member of the Chamber of Commerce of Coconut Grove. We've had numerous meetings about this proposal that is being put forth today, and there has been quite a bit of discussion. One of the issues, of course, here today, is that in Mr. Dawkins' proposal, no one has spoken to the Citizen Advisory Board, which I think is part of that proposal. We certainly are in favor of that. I can tell you that through Cesar Odio and various other Cormissioners who have been helpful, we have met with the police chief, we have worked about deployment. We, for one, in our area, have hired off duty City of Miami policemen. We know we've got the finest. We don't hire Highway Patrol and we don't hire Wackenhut. We know what we can get. However, there is a shortage of those men available today. They don't want to work for regular time. They want overtime. There's a shortage. I understand that there are, and I've been told. I don't have privy to the same figures, since we are not an official Citizens Advisory Board, but I understand there are 60 open slots that haven't been filled. This is what we're told within the overall program. Commissioner Plummer: In the police department? Mr. Wechsler: We might have wrong information. Mr. Odio: We have right now, the last number I saw on Friday, we have on the payroll 1,060 police officers, and we have a class somewhere floating and coming in. So we have 1,060. Mr. Wechsler: Well, again, we don't have the same facts, and perception is really the problem. When a citizen walks into the City of Miami who lives there and goes into the Village, and goes to the post office, that's his contact. When he sees a uniform policeman standing next to an off street parking uniform other person, and a third person who's a PSA, and all three of them are giving parking tickets, what perception can he have? I can tell you that last Monday we had a meeting at the Glass House. There was a uniform patrolman that must have given out 15 to 20 overtime on parking tickets. I saw the same uniform patrolman in front of the post office, myself. I've listened to this complaint. You don't hear it from that standpoint. You do hear plenty of complaints. And I think the best part of your proposal is not the 20 percent tax increase that you're saying, but is the Citizens Advisory Board. I think you need input from other people who deal with it on a day to day basis. We're doing something about it. We've proposed in South Grove to EK 245 May 13, 1993 Oil . t form a special taxing district. We believe we're paying for it right now, why shouldn't we at least get better uses of our dollars? And we believe it will work. But we're leaving it to the people to vote on it, and we're doing our homework to get the numbers together. We ask to be included along with the City professionals, as well as elected officials in that decision. Thank you. Mayor Suarez: Very good. Doug, and then I guess that wraps up the public hearing aspect of this. Mr. Doug Broeker: Good evening. Doug Broeker, 538 Northeast 55th Terrace, City of Miami. As you know, I live and work - my home is in Morningside. My law firm is on Flagler Street. I think the Issues here are not whether the Commission is going to vote for higher taxes, but whether the Commission is going to let the voters decide whether we want higher taxes for a particular purpose, for a particular time. I think we ail agree we need more police, we need more PSA's, we need to have ongoing cadets in both the PSA academy and the police academy so that we're up to speed, and we need more. I don't think anybody 1s going to disagree with that. The money coming from the property owners, from my own prospective, I did the math, 200 bucks a year. I'd be happy to pay for it. I'm all in favor of it. The issue is whether the voters decide it, and I ask you to go ahead and let the voters decide. Let me speak to two particular issues. One is, well, the residency requirement. I'd encourage you to have a residency requirement. I think it's a great idea. I think it's critical that you require residency once the person accepts the job, not limit yourselves to hiring Miami residents. In other words, look everywhere for the best people, but require as a condition of them accepting the job that they be a resident in the City of Miami at the time they accept. I believe that's the procedure. I wanted to make sure that the same - it's not spelled out in the ordinance. Mayor Suarez: Yeah, you don't need to get too much into that, because that is now an established City policy. We're trying to get the unions to accept it, but anything like this would include that, but I... Commissioner Plummer: Yeah, but you're going to lose a lot of... Mr. Broeker: That's something - the Greater Biscayne Boulevard Chamber of Commerce is working with the police, to encourage the police to move into the northeast sector of Miami. In fact, some of the folks who own buildings in the northeast who are members of chamber have a program. Mayor Suarez: That kind of networking is important. Mr. Broeker: Yeah. Mayor Suarez: When you see the heads of the unions, discuss that with them so they don't... Commissioner Plummer: Well, yeah, Mr. Mayor... Mr. Broeker: Right. I've mentioned that to the police chiefs on several occasions. EK 246 May 13, 1993 i` Commissioner Plummer: Just for your information, and in his credit, one of the major problems in the PSA Program has not been able to be implemented* is because they were trying their best to get the PSAs from the City of Miami that live in the City, all right? And it's tough. And then when you run them through the regular gamut of the drug test and the physicals and the mental and all of that, it makes it even tougher. What are you going to do with the man who owns his home? I mean, are you going to say to him, there's no way you can be policeman? Because that's really what you're saying. Mr. Ddio: You know, J. L., you need to go through - I think it's 1000 to get to hire 20. - - Commissioner Plummer: Oh, yeah. Mr. Odio: We go through 100 people to hire 20. Commissioner Plummer: It's tough. Commissioner Dawkins: I had said I wasn't going to say anything. You know, I _ could go along with this if I didn't know that I can find you 100 Dade County policemen who live in the City of Miami, but you are always telling me you cannot find qualified City of Miami residents. And if you think I'm lying, give me a day, and I'll go around and show you in the City of Miami 100 Dade County Police personnel with cars parked in the City of Miami, who live in the City. Now, 1f Dade County can find 100, we can find 100. Commissioner Plummer: Out of 2200, 1 wouldn't be surprised. Mr. Broeker: The last item I want to speak to was your suggestion of establishing a Homeowners Association Advisory Board. I think it's a good idea to get citizen input in this, but I'm opposed to creating yet another board, if there 1s not a specific purpose for that board that is not already taken care of. You have a group of sub -councils for crime prevention. The Northeast Sub -Council for Crime Prevention Is active up in the northeast, and I know you have sub -councils all over town. I'd like you to look into the possibility of using your existing sub -council system as your vehicle for getting community involvement in the process. Commissioner Dawkins: OK. Well, Doug, my problem is not who it 1s or where it comes from, but the City Charter does not permit this City Commission from telling the Chief of Police what to do. This City Charter prevents this _ Commission telling the City Manager what to do. But if this was passed... - Commissioner Plummer: No, no, no, no. I don't agree with that statement. Commissioner Dawkins: If this was passed and we had the citizens dictating... Commissioner Alonso: The City Commission? He isn't talking about the City Comm ss i on? Commissioner Plummer: That's right. Commissioner Dawkins: ... to the Commission what they wanted done with this money, we'd get it done. Now, that's my feeling. EK 247 May 139 1993 a f � r v' �" cfE^'�i�'� �,„" d r�e x �t•'4�� ,fit �- Commissioner PIUMON We set the policy. If he doesn't follow, we get rid of him. Commissioner Dawkins: I don't care what the body is made up of. Commissioner Plummer: Excuse me. listen. Let's get another view here. My blue brother has made a statement I don't agree with. Commissioner Dawkins: OK. Commissioner Plummer: We set a policy. If that Manager doesn't follow our policy, three votes of this Commission tells him, Open up that golden parachute." Commissioner Dawkins: Yeah, but if he follows the dictates of three and don't follow the dictates of the other two, the other two are useless. Commissioner Plummer: Well, I don't disagree with that. Mayor Suarez: All right. Thank you, Doug. Mr. Broeker: Thanks very much. Mayor Suarez: We have Mary, and then we'll close the public hearing and vote on this matter. Ms. Mary Weber: Mary Weber, chairman of the Coconut Grove Village Council. We are absolutely 100 percent completely and totally opposed to this. Mayor Suarez: All right. What was the motion before us, Madam City Clerk? Ms. Matty Hirai (City Clerk): I'm sorry, Mr. Mayor? Commissioner Plummer: There was no motion. A. Quinn Jones, III, Esq. (City Attorney): There 1s none. The earliest... Ms. Hirai: There was no motion. Commissioner Alonso: Mr. Dawkins moved... Commissioner Dawkins: I made a motion that we put it to the voters. Commissioner Plummer: Oh, there was no second. Mr. Jones: No, no, no. No. Commissioner Dawkins: So moved, no second. I moved it, no second. Mr. Jones: Commissioner, Commissioner, Commissioner. The earliest you can put this - pass this - would be July 8th. EK 248 May 13, 1993 Mayor Suarez: All right. Motion that we pursue this to whatever the neat step is, was made by Commissioner Dawkins. He's trying to get a sense of the Commission as to whether there is support for this or not. Commissioner Plummer: OK. That's what I was getting at. Mayor Suarez: So if somebody would help us, rather than tell us what we cannot do all the time... Commissioner Plummer: Whether or not they're supportive. There's three people opposed to it, why go spin your wheels, is what I guess you're saying. Mayor Suarez: Do we have a second on the motion, that we should proceed to have an ordinance drafted and have public hearings, et cetera? Commissioner Dawkins: Second? Call it one more time. Mayor Suarez: Do we have a second on this motion? All right. Commissioner Dawkins: Motion dies for the lack of a second. 43. DISCUSSION CONCERNING FLORIDA HOUSING COOPERATIVE, INC. -- DIRECT CITY MANAGER TO TRY TO SECURE THE CITY'S POSITION WITH RESPECT TO LAND. Mayor Suarez: Al right. We're going to try to get very quickly to the item Involving the State Representative who is here and who has certain control over $33,000,000,000 (thirty-three billion dollars) of State of Florida money, and I know he's here on a pro bono basis, and the guy next to him smiles. Good old Carlos. Why don't you tell us what your statement is in deference to your State position. Mr. Luis Morse: Thank you, Mr. Chairman - Mr. Mayor, for your courtesy. Commissioners, I have come on issue 47. Commissioner Plummer: Wait, wait, wait, wait, Luis. "Mr. Chairman" is at the County. Commissioner Alonso: He corrected himself and said, "Mayor." Mr. Morse: I've got to realign, yes. Chairman is up there, and this is Mr. Mayor. Mr. Mayor, Mr. Commissioners, Madam Commissioner, thank you for your courtesy. I have come here to speak in behalf of Carlos Rodriguez-Quesada and the Florida Housing Co -Op, because for years, I have been helping him, and for years, 1n Tallahassee, we have been able to get sometimes some monies. Sometimes the monies were vetoed. Sometimes the money ran out and he was not able to obtain it. Sometimes he did obtain it and he was able to use it properly. As far as I know right now, the issue that he has is that the City of Miami provided some money to buy, to purchase some land to construct a housing co-op, and for some reason which I do not understand, there is a mortgage, or a balloon mortgage on that property, which was due now by the EK 249 May 13, 1993 owner of the property. And I am simply here to talk to you, because I would think it really doesn't make any sense for the City of Miami to have invested to up to $300#000 and now see the property revert to its original property owner, and the City be left with nothing whatsoever to show for it. I have - I believe that maybe when you listen to Mr. Rodriguez-Quesada, when you listen to the City Manager, that you might instruct the City Manager to find some way to buy that mortgage, and hold it in the City of Miami, for the City of Miami, so that 1f something cannot be done, that that property reverts to the City of Miami, and you, or us, the citizens of the City, do have some use for it. Commissioner Alonso: How much is the amount we are talking about? Mr. Cesar Odio (City Manager): $20,000. Commissioner Alonso: $209000. Well... Mr. Odio: $20,000. Commissioner Alonso: Didn't we, at one of the many presentations that Mr. Rodriguez-Quesada made, address this issue before, and agreed that it had to be paid by the City of Miami, in order to protect the interest that we have on this property? Mr. Jeff Hepburn: No, we - we... Commissioner Dawkins: No, he never told us. He never told us that there was a balloon mortgage. Mr. Hepburn: No, we never discussed... Commissioner Alonso: lies, yes, we knew about this balloon. Mr. Hepburn: No. Commissioner Dawkins: No, we didn't. Mr. Hepburn: We knew that there was going to be a mortgage placed on the property when it was purchased. Commissioner Alonso: Uh-huh, yes. Mr. Hepburn: There's a resolution that speaks to that, $20,000, and it was due in two years. We were hoping that the developer would have that project under construction, that that particular mortgage would have gotten paid off in the construction loan. Commissioner Alonso: Because of the money coming in from the construction? Mr. Hepburn: That's correct. Commissioner Alonso: Oh, I see. And then because of... Mr. Morse: But what your problem was also, the last time that I was able to put some money in the budget for the Florida Housing Co -Op, the money was EK 250 May 139 1993 34 t *+x n y there. It was not vetoed, but it was during the money crunch of the State when Monies started not appearing, and then the State simply . it was not vetoed, but simply was not able to be funded. So what they were counting on was money_ that was going to be corning from the State and simply did not materialize. Commissioner Alonso: Can we get... Mayor Suarez: Can we... Commissioner Dawkins: Who was the Governor then? Mayor Suarez: OK. Rather than arguing about this, if... Commissioner Alonso: From the money that is available, yes? Mayor Suarez: If saving the project, and saving the land, and saving our other prior investment requires us to come up and take the position of the mortgagor in this case - mortgagee, I'm sorry - couldn't we not do that, Jeff? Mr. Hepburn: I would think so. We can provide, I guess, a loan or whatever, to deal with this particular issue now, but... Mayor Suarez: OK, but see - but that... Mr. Hepburn: ... there's another issue. Mayor Suarez: When you say "a loan," the ideal way to do it is we pay off the existing mortgage, and we assume that position. Commissioner Alonso: We assume. Mr. Hepburn: That's correct. But there's another issue, Mr. Mayor. Commissioner Alonso: Of course. Mr. Morse: Assume. Assume, so the City's protected. If anything happens, the City does have the property... Commissioner Alonso: Of course, of course. Mayor Suarez: OK. Mr. Morse: ... the ownership, and you don't and up... Mr. Morse- I mean, we, the citizens, don't end up losing all the money. Commissioner Alonso: No question about that. Mayor Suarez: OK. So I gather we can do it. What do you need from us to do that, Jeff? Mr. Hepburn: There's another issue I've got to put on the record. There's also outstanding taxes of about $14,000... EK 251 May 13, 1993 � t4� Commissioner Pitmter: Whoa Mr. Hepburn: .., that needs to be addressed. Mayor Suarez: But the taxes are owed to us, so if anybody would... Mr. Hepburn: No, the County. Mayor Suarez: And us. Mr. Hepburn: And there's a tax certificate out there that's going to be called in. Mayor Suarez: There's already a tax certificate? Commissioner Alonso: They own the land? Mr. Hepburn: Yes. They should have never bought the property in their name. Normally, what happens when we work with nonprofit corporations, the City maintains control of the property until they're ready to start construction. We normally convey maybe 30 or 60 days before construction starts. Commissioner Plummer: Are you saying - I'm sorry, I was out of the room. Are you saying that the property was bought in the name of an individual, rather than the corporation? Mr. Hepburn: Name of the corporation, I'm sorry. It was bought in the name of Florida Housing Cooperative. Commissioner Plummer: And what is wrong with that? Mr. Hepburn: The problem is that they have to pay taxes, and that's one of = the problems... Commissioner Alonso: They do not. Commissioner Plummer: It's a nonprofit. Why would they have to pay taxes? 77 Mr. Hepburn: They still have to pay taxes. Commissioner Plummer: On - a nonprofit has to pay taxes? } Mr. Hepburn: I think so. I think only churches, maybe, and government does not pay taxes. Commissioner Plummer: Hey, I'm glad to hear you say that, because I'm going j after some others. But... _ Mr. Hepburn: Nonprofits pay taxes. (INAUDIBLE BACKGROUND COMMENT) EK 252 May , 131993 - i Commissioner Alonso: Where do you draw the line of distinction? Commissioner Plummer: Yeah. Would - would somebody... Mr. Hepburn: In outstanding taxes, and about $26,000 in the mortgage. Commissioner Plummer: Please do me a favor, Mr. Manager. I thought all nonprofits were tax exempt from ad valorem taxation. Where is the dividing line of those that are exempt and those that are not? How do you differentiate between the two? Are you a 501C? Mr. Hepburn: Yes, he is. Unidentified Speaker: Yes. Commissioner Plummer: OK. Now, I thought that automatically meant that they were taxed - not taxed, I mean. What draws the line between one and the other? Unidentified Speaker: Mr. Plummer, we have an agency, the National Council of Negro Women. We own the property, and we have to pay taxes on it. You don't pay taxes when you purchase something... Commissioner Plummer: But what makes the difference... Commissioner Alonso: But ad valorem... Unidentified Speaker: But if you own property, you - we must pay the taxes. Mayor Suarez: No, but he means - he's referring to - there's an exemption for - from property taxes, for certain - churches... Commissioner Alonso: Yeah, but I don't know how to make the distinction. Mr. Odio: Property - 501C's do pay taxes, property taxes. Commissioner Alonso: Who? Mr. Hepburn: Yes, charitable and religious organizations. Mayor Suarez: Yeah. Religious and what else? Mr. Hepburn: Charitable, charitable organizations. Mr. Odio: Oh, yeah. Believe me, I know from experience. Commissioner Plummer: Oh, charitable. Mr. Hepburn: Like they're not considered charitable. Commissioner Plummer: Charitable is the criteria? EK 253 May 13, 1993 Mr. Od Ot SOIC's Will pay property taxes. Mr. Hepburns Bight, it would be like... Mayor Suarez: OK. SOIC is a very generic category. Commissioner Plummer: But this serves the public purpose. Mayor Suarez: That includes churches and charitable, so be careful, Mr. Manager. All right. Commissioner Alonso: So the bottom line, we have here a problem of $14,000 in back taxes... Mr. Hepburn: Correct. Conmissioner Alonso: As well as $20,000... Mr. Odio: Right. Commissioner Alonso: ... for the balloon payment that is past due. Mr. Hepburn: $20,000, $27,000, somewhere there. Commissioner Alonso: I beg your pardon? Mr. Morse: Part of the... Mr. Hepburn: Somewhere around 26, 27, from what I understand. Mr. Morse: Part of the taxes also are owed to you, to the City itself, which you could, itself, waive. So it's not, you know, the full $14,000. What I think is that somehow, maybe the process would be to instruct the City Manager to find a way for the City to be able to take a position on the land and... Commissioner Alonso: We have to. Mr. Morse: ... and maybe write it in your rules for this not to happen again. Commissioner Alonso: Yeah. Mr. Odio: We need to take a position, because if not, everything that we put 1n there will be lost. Commissioner Plummer: Yeah. Commissioner Alonso: We have 300 and something. Mr. Odio: Three hundred and something thousand dollars. Commissioner Plummer: Yeah. Commissioner Alonso: We have to. EK 254 May 13, 1993 OW x N. Win Mr. Morse: Yeah, $3OO;OOil, our tax dollars. Commissioner Alonso: So we have to protect our own interest. Mayor Suarez: All right. let's just give the instructions then to the Administration to do it, identify the funds, protect our position. Commissioner Plummer: Thank you. Commissioner Alonso: Yes, Mayor Suarez: It would be helpful if the housing co-op folks would also have told us all of this and clarified it, and when they bring friendly advocates, State representative advocate, that they would also let him know that it's not really 20,000, but it's beginning to sound more like 409000. So it's twice the bite that we have to come up with, and we'll do the best we can. I don't think we ought to put it in the form of a motion at this point, because then it has all kinds of mandatory implications, but we're going to work with you on it. Commissioner Alonso: But it should come at the next Commission meeting, I suppose. Mr. Hepburn: Yeah. We'll try to identify the source of funding, and... Commissioner Plummer: Well, but what are you going to do if... Mr. Hepburn: ... heck of a resolution. Commissioner Plummer: ... if they're delinquent, how are you going to stop their taxes or their deeds from being sold? Mr. Odio: Do we need to bring it back or you want me to go ahead and take care of it? Mayor Suarez: Well, then, we're going to buy it off. We're going to buy it off. Mr. Hepburn: That has to be paid off, also. Commissioner Plummer: Are you telling me that the tax liens have already been sold? Mr. Hepburn: That's correct. Mayor Suarez: Yeah. The certificates have been sold. Commissioner Plummer: All right. Commissioner Alonso: We have to buy them back. Mr. Hepburn: But there's two years, I think it's two years before they can file for a tax deed. EK 255 May 139 1993 a F-1�� t j C nissioner Aloflso: We paid - this i3 a mess. Mayor Suarez: 'You've got tim to redeem it. You've got time to redeem it, all right. Mr. Odio: Do I have to bring it back, or can I take care of it? Commissioner Dawkins: Take care of it. Commissioner Alonso: Take care of it. Commissioner Dawkins: Get back to us that you took care of it. Mr. Odio: Take care of it, I'll do it. All right. Commissioner Alonso: Yes. It doesn't have to come back. Mayor Suarez: All right, very good. Mr. Morse: Thank you. Commissioner Dawkins: Thank you, sir. -----.._--....-------------------------- --------------------------__-__ 44. RATIFY CITY MANAGER'S ACTIONS IN WAIVING COMPETITIVE BIDDING PROCEDURES FOR FURNISHING AND INSTALLATION OF CARPETING IN CITY OFFICES ON AN EMERGENCY BASIS AND ISSUING PURCHASE ORDERS TO FLORIDA CARPET CORPORATION -- ALLOCATE FUNDS ($59100). Mayor Suarez: Item 33. Mr. Odio: I wanted to thank Luis Morse. Because of his fight up there in -- Tallahassee, we got a lot of money for the hurricane relief funds. Mayor Suarez: All right. Commissioner Alonso: Let's go to Tallahassee. Mayor Suarez: We thank the State representative for the $33,000,000,000, and whatever portion of it we're going to get. Commissioner Plummer: Since none of the carpeting is mine, I move 33. - Mayor Suarez: So moved. Commissioner Alonso: Second for carpets. It's the mayor's carpets. _ Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Commissioner Plummer: It's on that side of the building. EK 256 May 13, 1993 Commissioner Alonso: Yes. Mr. Oft: This 1s a FEMA project, folks. Mayor Suarez: 327 square. The following resolution was introduced by Commissioner Plummer, who moved its adoption: _ RESOLUTION NO. 93.315 A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTIONS IN WAIVING = COMPETITIVE BIDDING PROCEDURES FOR THE FURNISHING AND INSTALLATION OF THREE HUNDRED TWENTY SEVEN (327) — SQUARE YARDS OF CARPETING AT CITY OFFICES ON AN EMERGENCY BASIS AND ISSUING PURCHASE ORDERS TO FLORIDA CARPET CORPORATION FOR SAID PROCUREMENT AND INSTALLATION; ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $5,100.009 FROM 1992-93 PROPERTY MAINTENANCE _— DIVISION OPERATION BUDGET, ACCOUNT CODE NO. 420401-670 8050010) AN FE500)ROJECT NO. 311924, ACCOUNT CODE NO. 19. (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. EK 257 May 13, 1993 Yl-------------------------4._ - ------IIIY-IYY G�4YilY •.� . _ .. .... _,... _ _ _ ..v-__,_-.__.., a __ �_ . _ .._ . _ _....._. 45. DISCUSSION BY REPRESENTATIVES OF FRIENDS OF HAITI NATIONAL FOUNDATION, INC. CONCERNING THEIR REQUEST FOR SEED MONEY IN CONNECTION WITH ESTABLISHMENT OF A PROGRAM FOR YOUTH IN THE HAITIAN COMMUNITY -- REFERRED TO LAW ENFORCEMENT TRUST FUND. r---------------------------------------------- ------------------------------ Mayor Suarez: Item 35 Jacques Despinosse. Mr. Jacques Despinosse: Yes. Mr. Mayor, Commissioners and City Manager and staff, my name is Jacques Despinosse representing Friends of Haiti National Foundation, 7424 Northeast 2nd Avenue. I'm here to request the City to help us to gather $97,000 for seed money to save our children. We're talking about crimes, we're talking about jobs, here in Dade County. I think that crime is all over. The police cannot do 1t by themselves, and we need citizens like us, parents, to get involved to do the best as we can. I'm not saying Friends of Haiti National Foundation can solve the problem in Miami, but at least we're going to try our best to protect our community. The most crimes committed here are committed by youngsters with low self-esteem. Our program will be dealing with the Public Defender's Office, we'll be dealing with the City of Miami Police, the Metro Police, and all the law enforcement. Mayor Suarez: The only thing that sounds like to me would be the Law Enforcement Trust Fund. Do you want to refer the matter to the Law Enforcement Trust Fund for their consideration? Commissioner Plummer: Yeah, refer it. Mr. Cesar, Odio (City Manager): Yes, yes, lets do that. Mayor Suarez: If it's keeping kids out of trouble and otherwise entertained, and active, and being educated, that may qualify. Otherwise, we have no funds, Jacques. Mr. Despinosse: See, we have a - I had met with the Chief of Police for money and I was discussing the program and supporting the program, and this morning, I spoke with Bennett Brummer's office to give me in writing, they will - what we're trying to do is to get our kids to a clear-cut field. Clear-cut field means, you know, the kids will be training in computer and everything. Mayor Suarez: Do you gear it at... Mr. Odio: Let me - Jacques, let me ask you something. Where is - can you meet with the Jobs Program we have, Mr. Kearson and the people from Community Development, and see if this would qualify under those monies we are receiving from Washington for youth employment. Mayor Suarez: Just for the summer, or neighborhood job program? Mr. Despinosse: No, we're talking about - are you talking to me? Mayor Suarez: No. I was following up on the Manager's suggestion. EK 258 May 13, 1993 a rq Mr. Odio: You can also Make a presentation to the Chief of Law Enforcement, in writing. Mayor Suarez: You've met with the chief already about LETF (law Enforcement Trust Fund) funds? Mr. Despinosse: Yes, I met with Chief Ross for more than one hour, discussing the project, and he have it still, and maybe if he thinks it's a good program, he will work with us. Mayor Suarez: We don't have a recommendation, do we? Lt. Joseph Longueira: No, sir, we don't. I don't know if he submitted the thing in writing. I mean, we can't just talk about it and fund, you know. We - need a proposal. - Mayor Suarez: We're going to need a written application. You've got to show that somehow, this does not duplicate the Alternative Program or something else, Jacques, and... Ms. Georgia J. Ayers: Chief - Georgia Ayers, again. Jacques and I have met. Matter of fact, he's on the board. I think I can help him to minimize this if he were to get with me, and we meet with the police department. — Lt. Longueira: Great, thank you. — Mayor Suarez: I have a feeling - I don't know how many of the kids that you target are Haitians, but I have a feeling that we really could use... Ms. Ayers: I have asked for money to hire a Haitian, at least two Haitian persons. What happens, because we're both right at the Edison Middle and Edison Senior High School, which is a City within itself. I do get monies from the School Board to work 1n there, but I only have one person to work with about 4,000 children. I cannot relate to the Haitian population, because I don't have anyone that speaks Haitian or Creole. Mayor Suarez: That's the thing. I don't think we have any particular program like the Alternative Program, like Georgia's program and some of the other ones, that are specifically directed at the Haitian youth, and I think that would be worthwhile exploring. Commissioner Atonso: So they can work together, identify it, and present it to the police department. Mayor Suarez: But you're going to have to, you know, you have to give it form, and present 1t to the police chief for his action, and if you want us... Mr. Despinosse: I did. Mayor Suarez: But you have to give it form, Jacques. apparently, will help you with that. Do you need a... Commissioner Atonso: He needs a motion, no? And Georgia, EK 259 May 13, i993 Mayor Suarez! ..0 a motion of... Commissioner Alonsot Not really. Mayor Suarez: You don't need a motion of support. Commissioner Alonso: But he needs to prepare a formal presentation to the police Chief. Mayor Suarezt Out I cannot Imagine, if you present the right kind of program, I cannot imagine that it would be - it has to be recommended. It's a great need in the community, and you've attacked it very effectively here. Commissioner Alonso: Yes, it will, yes. Mr. Despinosse: But, you see, there's no way, you know, you can't afford - the police cannot be everywhere. Mayor Suarez: Right. Mr. Desptnosse: I think it's about time we concerned citizens get involved and see whatever we can do in this thing, because we are in it, like 1t or not. Crime, drugs, we are all in it. Mayor Suarez: Very good. Thank you, Jacques. We're going to work with you then, through LETF, and with the help of Georgia Ayers Jones. -r-rr-rwr---rrrr-r----rrrr-r-rrrr-rrrr----r-wrr rrr rrrr-rrrr rr r r r rr rr-w-r rrrr-- 46. AUTHORIZE STATE OF FLORIDA TO ERECT AND MAINTAIN AN INFORMATION SIGN, AT THE STATE'S SOLE EXPENSE, AT A LOCATION WITHIN THE PUBLIC RIGHT-OF-WAY ON S.E. BAYSHORE DRIVE AT 14TH STREET, IDENTIFYING THE VIRGINIA KEY "BILL SADOWSKI" CRITICAL WILDLIFE AREA. rr--------------r----------rrrr---------r-------r-r----rrrrrrr--wrr------rrrr- Commissioner Plummer: Mr. Mayor, may I, please? Mayor Suarez% Yes, OK. Commissioner Plummer: There's a gentleman here. We previously approved the Bill Sadowsky Critical Wildlife Area. Only thing they were left up to was as to a location. With the help of our staff and the Florida Game and Freshwater Commission, they've identified a site at 15th Road and the Water. I would move that we approve that site at this time, I so move. Mayor Suarez: Is that for a marker, or for what? Commissioner Plummer: Yes. Mr. Jack Luft: Yes. It's just a two foot -by -three foot sign. EK 260 May 13, 1993 01 Mayor Suarett OK. Moved and seconded. Any further discussion's If not, please call the roll. Cormissioner Plummer: Here, that's the marker, Mr. Mayor. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-316 A RESOLUTION AUTHORIZING THE STATE OF FLORIDA ("STATE") TO ERECT AND MAINTAIN AN INFORMATION SIGN, AT THE STATE'S SOLE COST AND EXPENSE, AT A LOCATION WITHIN THE PUBLIC RIGHT -OF -NAY ON SOUTHEAST BAYSHORE DRIVE AT 14TH STREET, MIAMI, FLORIDA, IDENTIFYING THE VIRGINIA KEY "BILL SADOWSKI" CRITICAL WILDLIFE AREA. (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 Be Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Jack... Commissioner Alonso: Wasn't this a pocket item? Mayor Suarez: Sounds like a pocket item. Commissioner Alonso: It sounds like a pocket item, but about two weeks ago I tried to present one. Commissioner Plummer: No, no, no, no, no. You're absolutely wrong. That was not a pocket item. Commissioner Alonso: I tried to present one, and I was not permitted to do so. Commissioner Plummer: That was a hip item. Commissioner Alonso: So we have to be consistent. Mayor Suarez: Let's be consistent. Mr. Manager... EK 261 May 139 1993 Commissioner Alonso: lies. Mayor Suarez: Mr, Les, Mr. Luft, Mr. Kay, I've been a one-man publicity agent on behalf of this Critical Wildlife Area, Commissioner Plummer: Oh, is this your pocket item? Mayor Suarez: No. Comissloner Plummer: Oh. Mayor Suarez: Could I get some help? OPI )Office of Public Information), whatever it is that they do the rest of the time... Unidentified Speaker: I have copies of it. Mayor Suarez: All right. Could you get them to constantly remind the media that this exists, and to... Commissioner Plummer: Oh, did you call the roll? Mayor Suarez: ..* somehow give a report of the kind of wildlife that we have out there? Last time I was out there, when I did that little film, 1t seemed like... Commissioner Plummer: I got all of that. - Mayor Suarez: ... there was an incredible amount of aquatic and... Commissioner Plummer: Didn't they call the roll? Mayor Suarez: ... bird life out there, and I... Commissioner Plummer: Did you call the roll? Commissioner Alonso: Yes, yes. Mayor Suarez: ... I presume after the hurricane, it's back. Mr. Luft: Square foot per square foot better than anything in the Everglades. Commissioner Alonso: Yes, she did, yes. Commissioner Plummer: Here's the resolution, (unintelligible) handed it out. Mayor Suarez: And the media doesn't know it. They don't talk about it. They think the bay 1s polluted. They say all kinds of things whenever they hear — about a problem with the water, with the sewer main. Instead of talking about —_ this incredible thing, which is a wildlife refuge, within a shout of a major metropolis, major downtown, it's just incredible. Commissioner Plummer: You're all... Mr. Luft: When we have the dedication of this sign on May 23rd... EK 262 May 13, 1993 �� _• - �-r.�x-ram Commissioner Pier: You're all invited on the 23rd, a Sunday, at 10:00 a.m., for the dedication. Mr. Lufts We'll have the press there, and we'll deliver that message. Commissioner Plummer: And, Mr. Mayor, we'll have you as a committee of one. Mayor Suarez: Just want to get our staff people to do their job and inform the media. Yeah, that's it. We don't send out the press releases. Commissioner Plummer: That's it. Mayor Suarez: That's it. We don't send out the press releases. Commissioner Plummer: Go, before somebody changes their mind. -------------- I* ------- -r--------------r-r--r-r--M----r----------------r-r r--= 47. REFER TO CITY MANAGER REQUEST BY DOUGLAS BROEKER FOR DRAFTING OF AN ORDINANCE WHICH WOULD PROVIDE TAX INCENTIVES TO OWNERS OF HISTORICALLY - DESIGNATED PROPERTIES FOR IMPROVEMENTS MADE. r--rrr--rr-------------------------------------------------------------------- Mayor Suarez: Thirty-six. Mr. Doug Broeker: Thirty-six. Doug Broeker, back on behalf of the Greater Biscayne Boulevard Chamber of Commerce. I very briefly want to talk to you about our mission conference... Commissioner Plummer: Thank God. Mr. Broeker... which was held on February the 3rd of this year. We had approximately 90 attendees, leaders of all of the eleven organizations in Miami's upper east side were represented. We went over four topics in detail: Law enforcement and crime prevention, beautification, economic development, and historic preservation. I just want to review with you very quickly what we did, and then I have one request for you. In the law enforcement and crime prevention area, in the future, we will be presenting to you a proposed comprehensive plan that the chamber is working on with the Northeast Subcouncil for Crime Prevention in the Neighborhood Groups. Basically, we want you to know that the Nuisance Abatement Board, together with the tactical units are doing a tremendous job in our area helping to eradicate the drugs and prostitution on the boulevard. It will take a sustained effort, but we've seen tremendous progress, and we think that if we keep it up, we can do a good Job. You know, a minute ago, we were talking about the tax millage. There's more than one way to increase the revenues for this City, and the way that we advocate is through revitalization of the properties. If the properties are revitalized, the neighborhoods and the boulevard are revitalized, the values are going to go up, and the tax revenues are going to go up, and that's really what we're looking for. We think it makes business sense for you to continue to support, and you do support us. In the area of beautification, we have a tree planting project that the City is currently working on, planting 100 EK 263 May 13, 1993 trees on Biscayne Boulevard. It originally Came out of a Northeast Task Force project, the Landscape Beautification Master plan that you passed last year, and that's going forward. We also have volunteer efforts on the boulevard chamber working with other groups. The median west of the boulevard from 54th to 56th... Mayor Suarez: Are you working with the Miami Beautification Committee? Mr. Brooker: Yes, I am. And we're working with them. Mayor Suarez: OK. Because Mr. Pierson is now the chairperson. Mr. Brooker: That's correct. Mayor Suarez: And he calls very excited about beautification projects, and it seems like he's got plenty of energy. So... Mr. Brooker: And he's doing a tremendous job. Mayor Suarez: All right. Commissioner Plummer: Yeah, seeing as how they have no money. Mr. Brooker: And Steve's philosophy is consistent with the chambers, and that is, take your existing groups, and then when you get... Mayor Suarez: Right, with no money, with no money, and that's fine. Commissioner Plummer: No money. Mayor Suarez: I don't have any problem with that, because it involves a lot of volunteer effort, and that's what most cities do for beautification. Mr. Brooker: Right. Mayor Suarez: Another question. Now, with money. The City of Miami is trying to improve - and I really would appreciate the Public Works people, Perez Lugones and everybody - the City is trying to improve the Biscayne Boulevard, downtown portion of it. Except something interesting happened the other day. Low and behold, it now appears that the Burle Marx concept, which isn't necessarily the part of it that I particularly am enamored with, Mr. Luft was at the County Commission the other day with the Metropolitan Planning Organization. It now appears, Mr. Manager, that the County, its chairman of the Commission, and some of the other members, the Transportation Committee, at cetera, are now inclined to try to take what we're trying to do from Biscayne Boulevard, north of Bayside to the Omni area, and take it all the way up to 79th Street or 87th, you know. I mean, it's a very exciting situation from their perspective, if they're willing to put money, which it sounds like they might be, and apply to the State of Florida, and all that. You could use your time more profitably dealing with the County Commission, because that's major monies that they're applying for, Doug. Mr. Brooker: Right. EK 264 May 13, 1993 Mayor Suarez: And I don't know 1f you even know that. And if you don't, then we're in trouble. Mr. Brooker: I'm aware of the suggestion and the overview. I'm not award of the details. I know it's very new. The City project... Mayor Suarez: well, in life, you know we have a lot of community groups, a lot of citizen and neighborhood associations that come to us and want us to do things for them. But sometimes, you have to follow the lead of a public official in this case, the chairman of the County Commission. Mr. Broeker: Right. Mayor Suarez: And if he is going to take the lead, and if he's going to make it his project, there's a certain amount of pride of authorship. You want to latch onto that. And, you know, we love your creativity, we love your spontaneity, but, you know, these are public officials with a great deal of power, a much bigger budget than we have and the chairperson - he's acting as chairperson of the Metropolitan Planning Organization. So all funding requests to the State and federal government have to be approved by that agency. Mr. Broeker: Right. Rest assured that we will do that, and we are not asking you for any money for beautification today. I just want you to be aware that there is a project in place. Mayor Suarez: I'm not talking about beautification. Mr. Broeker: All right. Mayor Suarez: I'm talking about a major widening and improvement of Biscayne Boulevard all the way up from downtown to 79th Street. Mr. Broeker: Right. Mayor Suarez: It's major, major monies. I don't know how else to phrase it. If you think that's beautification, then you must not have understood what I was saying. Mr.Jack Luft: It's part of a bus pull-out public transportation improvement corridor plan for the Boulevard that Commissioner Teele has now gotten approved. So there will be a master plan study done, and as a part of that, there will be ail types of enhancement designs done for the boulevard. So... Mayor Suarez: And that would help enormously with your main detractor, who was here this morning beating up on you, if you show her that you've got a handle on a major highway improvement for Biscayne Boulevard. We're talking a multi -million dollar project. Mr. Broeker: OK. Let me move forward, because one of the things that came out of our conference is not just what needs to be done for improvements to the boulevard, but what needs to be done for the surrounding neighborhoods. One of the main themes in the economic development portion of the conference EK 265 May 13, 1993 is that the boulevard is never going to be an attractive place for a business to come in unless the neighborhoods on both sides have an appearance of safety, and of serenity, and of some sort of beauty. And what the chamber has been doing is working with the Boulevard West neighborhood, where Morningside Elementary School is located. It's between the railroad tracks and the Boulevard, between 61st and the Little River. And on June the 8th, there will be an exposition that the chamber is hosting with the Biscayne West Neighborhood Association. It's a brand new organization of homeowners and residents in that area, at the Morningslde Elementary School, together with the local NET (Neighborhood Enhancement Teams) Office, and they will be bringing together the Dade County Housing and Finance Authority, financial institutions, and City programs for jobs, for seniors, and for housing, all together, to help the residents of that area improve that area. We're also working with the police for getting out the last of the crack houses and trying to cut down on the burglary 1n that area, in order to clean up that area, to work with all the residents. Because our feeling is, you work with all the residents in the area, and that w111 make the boulevard a more attractive place for people to do business. The last area 1s in the area of historic preservation, and the one request that I have for you tonight. We believe that revitalization of our area 1s going to happen through historic preservation. You've got beautiful buildings, houses. Whether a good neighborhood or bad neighborhood, they're great buildings, and if the buildings are run down, it's an opportunity. It's an opportunity to come in, revitalize, and that helps the value of the overall neighborhood. Last year, the State passed a statute which allows local municipalities to pass an ordinance allowing a tax credit for a limited period of time, for ten years, for people who come in and improve a historic property. Commissioner Plummer: You know, it's exactly what I have been saying ever since this thing came about. You've got to give people an incentive to want to do it. Up until that legislation, there was no reason. The only thing you did, you had the ability not to tear your place down for six months. There was no incentive to do - any reason to want to be a historic site. Mr. Broeker: Right. So I'm here tonight to ask you to direct your staff to go ahead and prepare the ordinance for the City to get on board with this program and allow for this kind of tax credit. Mayor Suarez: Are you talking about a tax abatement of what; the incremental real estate taxes or the entire? Mr. Broeker: No, the incremental real estate taxes, for the value of the Improvements of that particular structure. Mayor Suarez: For ten years? Mr. Broeker: For ten years, right. Commissioner Plummer: May I suggest, Mr. Mayor, as you know, you're formulating a committee to study tax-exempt properties, that that would fit right 1n with that committee. That's the opposing side of it, I guess, is tax incentives. Commissioner Plummer: No, not necessarily. EK 266 May 13, 1993 11 Mr. Broekers It's a relatively simple ordinance. In fact, the chamber has a draft of an ordinance that we would propose to the City staff. All we need is for you to direct the City staff to go ahead and take a look at it. Mayor Suarez: It's a relatively simple ordinance, he says. That's not the problem. The problem is not the ordinance. The problem is that we lose taxes for ten years on those properties. Mr. Brooker: Right, Mayor Suarez: And I don't know if we can afford that. Commissioner Plummer: Well, he's not talking about that, 1s he? Mr. Brooker: Well, the important thing, Mr. Mayor is... Commissioner Plummer: He's talking about improvements to the property. Mr. Brooker: ..e you may have a few properties in a neighborhood that take advantage of this... Commissioner Alonso: Improvements? Commissioner Plummer: Enhancements. Commissioner Alonso: Enhancements. Commissioner Plummer: Yeah. That's a big difference. Mr. Brooker: ... but the neighborhood, as a value, as a whole, goes up 1n value. Mayor Suarez: I presume that's why Commissioner Plummer 1s saying why don't we have the committee study 1t to see 1f one can assume that the tax increment that we are waiving for ten years produces more in overall tax revenues for the City. But that has to be looked at. I mean, it's not as simple as just passing an ordinance. Commissioner Plummer: But Mr. Mayor, excuse me. Commissioner Alonso: But he's talking about the enhancement. Commissioner Plummer: They're only speaking to the enhancement of the facility; not the overall taxes. Mr. Brooker: That's correct, that's correct. Commissioner Plummer: No, no, I couldn't vote for that. But it would basically freeze... Mayor Suarez: Yeah, but the tax abatement that he's talking about is real estate taxes. See, the other laws have been wiped off the books. EK 267 May 13, 1993 - rY Commissioner PIUMNO t understand that, but it's not the entire ad valorem tax, it's just... Mayor Suarez: No, right; the tax increment. But, I mean, it's... Commissioner Plummer: No, it's tax increment only on the portion that is the imnprovement, Mr. Broekert Exactly. Mayor Suarez: Right, right. So it's very strictly limited. Commissioner Plummer: Yeah, Mr. Brooker: So you put some money into a property and you improve it, you're not taxed on the improvement that you did to the historic property. So I'm asking you to simply direct staff to prepare an ordinance. Commissioner Plummer: Well, I think in all fairness, in all fairness, there would have to be in a given subdivision "X" number of houses that we could allow to qualify. Mayor Suarez: That's the point. Commissioner Plummer: I mean, you can't let every house in the whole district qualify. Mayor Suarez: That is the point. And that's why he's saying that maybe we ought to refer it to that committee. Mr. Brooker: The ordinance only applies to historic properties within historic districts, so there's only a few... Mayor Suarez: The ordinance only applies to historic properties, and that solves the whole quandary. You must be a lawyer. Mr. Brooker: Well, in historic districts, as well. Commissioner Plummer: Well, we control who 1s declared historic. Mayor Suarez: There you go. And what defines historic property? We've had a lot of problems here with that issue. All right. What do you propose, Commissioners? It sounds like an interesting idea to explore. Commissioner Alonso: Let the Ackninistration work with them on the idea and come back to us. Commissioner Plummer: I agree. I'll move that the matter be referred to the Manager to look into it, which is to serve as an incentive for historic designated properties to be given consideration relating to the recent ordinance - action by the State legislature. Mayor Suarez: OK. Is that a motion? EK 268 May 13, 1993 Commissioner Plumer: Yes, sir. Mro Broeker: Thank you, sir. Mayor Suarev Seconded? Commissioner Alonso: Yes. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 93-317 A MOTION TO REFER TO THE CITY MANAGER A PROPOSAL RECEIVED FROM DOUGLAS BROEKER, OF THE GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE, FOR THE DRAFTING OF A PROPOSED ORDINANCE WHICH WOULD PROVIDE TAX INCENTIVES TO HOMEOWNERS WHO MAKE IMPROVEMENTS TO THEIR HISTORICALLY -DESIGNATED PROPERTIES WITHIN HISTORIC DISTRICTS, SAID TAX INCENTIVES TO BE UP TO THE TOTAL COST OF IMPROVEMENTS MADE TO THE PARTICULAR HISTORIC STRUCTURE. Upon being seconded by Commissioner Alonso, 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 Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Broeker: All right, thank you very much. Mayor Suarez: Very good. Pursue the County thing, because that's major money. I mean, the rest of this is nice things that we could do, but... EK 269 May 13, 1993 I ili`------------r---------i--------rani---- 48.(A) DISCUSSION CONCERNING WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION / SNID BOARD MEETING. (B) STIPULATE THAT CITY COMMISSION WILL APPOINT FIVE OUT OF A TOTAL OF 12 MEMBERS OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. BOARD -- STIPULATE MEMBERS (C) APPOINT INDIVIDUALS TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. BOARD. (Appointed were: Rev. Jose Luis Menendez, Luis De Rosa, Dr. Castell Bryant, and Pablo Perez -Cisneros; Commissioner Alonso's appointee to be submitted, in writing, at a later time.) (0) SUPPORT CITY'S JOINT APPLICATION WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. FOR A $5.5 MILLION GRANT FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION -- TO ASSIST WITH FINANCING OF THE WYNWOOD FOREIGN TRADE ZONE -- AUTHORIZE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS. Mayor Suarez: Is Bill Rios back? Commissioner Alonso: Yes. Mr. Cesar Odio (City Manager): Thirty-four. Mayor Suarez: Where is Mr. Rios? How are we going to involve the City, Mr. Rios, in the economic development entity in an effective way, so that we can monitor what you're doing? Mr. Bill Rios: Well, we've... Mayor Suarez: How many different capacities, how many different hats you're wearing 1n relation to all this, et cetera. Mr. Rios: We have... Mayor Suarez: And continue the battle against the big boys that you know is raging as we speak, because there are certain people who would like our foreign trade zone not to get off the ground. Mr. Rios: Right now, I know that we're under the understanding that the City is going to appoint some representatives from the Commissioners to the board. Mayor Suarez: I believe Commissioner Dawkins has been negotiating with you. You have a recommendation as to how we would expand the board and where the members would come from? Mr. Rios: It's our understanding that the Commissioners want a 12-member board, with five appointed by the Commission and the seven members of the Wynwood Community Development Corporation. EK 270 May 13, 1993 . Mayor Suarez: Who are those members now? Mr Riost the current members? Mayor Suarez: Yeah. Mr, Rios: We have Ms. Montane%, Nilsa Velazquez, Gavaliel Rivera, Larry Mlzrach, and Pablo Negroni. Mayor Suarez: Pablo? Mr. Rios: Pablo Negroni. Mayor Suarez: And then we would suggest for your acceptance, five additional board members? Mr. Rios: Yes. Commissioner Plummer: What are we accomplishing by that? We still don't have control. Mayor Suarez: Well, when - somehow, I ended up being on the board. I obviously wasn't functioning as a board member. I was not attending the meetings. I didn't even know I was on the board. By having five people, presumably, who are really interested, and who are professional, and who are going to be wilting to monitor everything that Mr. Rios and the existing board does, you know, we will have a lot of oversight. It's not going to be a majority, but I don't think that it's a matter of, you know, necessarily imposing a majority. Commissioner Plummer: It was my understanding that what we were trying to accomplish, since we were the largest contributor besides the State, with a $4,0O0,000 piece of property, that we were going to gain control by the appointments to the board. Now, I don't see anything other than increasing the size of the board that you're doing by increasing 1t to 12. What have you accomplished? Maybe a little bit more monitoring? Mayor Suarez: And, of course, we have the ultimate weapon. I mean, remember there is a reverter 1n the deed of the land to them. If they don't comply with all of the intentions of that deed, we can and up owning the property. Commissioner Plummer: I don't agree with you, Mr. Mayor. Mayor Suarez: And of course... Commissioner Plummer: Tell me - let me ask the City Attorney if I'm wrong. Are they empowered, if they have this board, to sign contracts for 50 years? Mr. Odio: No. EK 271 May 13, 1993 Commissioner Plummer: You're not the City Attorney. Mr. Odio3 You mean lease of the property? Commissioner Piummer: I'm not talking about property. Mr. Odio: Oh. leasing the Commissioner Plummer: Can they, as a board, sign contracts for 50 years? Ms. Linda Kearson (Assistant City Attorney): Yes, they can. Commissioner Plummer: See, that's my point. My point is that it was my understanding that the City was trying to gain control of the board; not to the detriment of the board, but to gain control. And I still question what you accomplish by having a 12-member board... Mayor Suarez: OK. Let me try to answer that. How many of your board members are present here? Mr. Rios: At least two. Mayor Suarez: OK. Point them out, please. Mr. Rios: Larry Mizrach is on the board, Nilsa Velazquez. And you can have them come up. Mayor. Suarez: I mean, Commissioner Plummer, all I want to illustrate is that if these people, we know them, are going to earnestly participate in the board, and they're going to know that five other board members are people that we have suggested, I think that you have seven right there out of 12. I mean, I just can't believe that... Commissioner Plummer: Mr. Mayor, you're missing my point. You're saying to me in a roundabout way that we're going to put five people there, and If in fact, the barn burns down and the door is closed after the fact, we might do something. Mayor Suarez: Well, I'm saying the door is already closed... Commissioner Plummer: What I'm saying is... Mayor Suarez: ... and we're trying to reopen it somewhat. Commissioner Plummer: Excuse me, the door is not closed. Mayor Suarez: And we're trying to find some good decent people that are on the other side of the door that will work with our five and make sure that... EK 272 May 13, 1993 r Commissioner Plummer: Mr. Mayor... Mayor Suarers es. the matters are handled properly. Commissioner Plummer., .o. for this person's vote, OK? I have been one of the best supporters that there have been, but I can settle for no less than a 60/60 board; five of them, and five of our people. Now, that's what I'm saying. You all can vote the way you want. That's the way I feel. We are the largest contributor by virtue of the land, aside from the State of Florida, who is giving the grant, if they give it. Mayor Suarez: One other piece of the puzzle. Commissioner Plummer: Sure, Mayor Suarez: In addition to owning the land, and in addition to the monies that have already been spent to obtain and... Commissioner Plummer: You don't own the land anymore once they get the grant. Mayor Suarez: Right. Well, they have the land now, but I mean in addition... - Ms. Kearson: You don't own the land now. Commissioner Plummer: Yeah, they got a quitclaim... Mayor Suarez: ..o in addition to owning the land, 1n addition to having a federal franchise of a foreign trade zone, which are the kinds of things that make it sound like we've closed the door and they've got everything in there and we're outside, there's now an application, as you know, for five and a half million dollars in EDA (Economic Development Administration) monies. The understanding that I have, and I think Commissioner Dawkins, the Manager, many of us have been trying to make sure we don't lose that money, because like I said, there are other people who would like us not to get that money for that particular purpose. The understanding that I got yesterday in my conversation with the Commerce Department 1s that they would like, the Commerce Department would like us to be a co -applicant and somehow a co - venturer involved jointly. And so there is another oversight mechanism. Commissioner Plummer: Mr. Mayor, nobody wants to lose that money. Mayor Suarez: Now, all of this is being done after the fact. Commissioner Plummer: Nobody wants to lose that money. Mayor Suarez: Right. And the people are not on our side... EK 273 May 13, 1993 Commissioner Plummer: But I don't want to lose control. Mayor Suaraz: ..a are taking these Commission hearings, perhaps, and sort of broadcasting them all over Washington, D.C., which could jeopardize our EDA funding. Commissioner Plummer: What fear could anybody have if they appoint five and we appoint five? I don't think - see how there can be any fear. Mayor Suarez: Maybe I shouldn't speak for Mr. Rios. Maybe... Mr. Rios: The problem with the appointments, Commissioner, is that we would lose our status for applying for other funding from other sources, and it would currently violate some of our current funding. Our... Commissioner Plummer: Violate what? Violate funding? Mr. Rios: Sure. For example, we are a JUDO applicant, and for the Department of Housing, you might want to have the people from Housing explain. There is a requirement that the board has to come from the community, elected from the community, as our board is. And if you appoint more than 50 percent of the board... Commissioner Plummer: No, no, no. I'm not saying more than 50. Mr. Rios: You're saying... Commissioner Plummer: I'm saying 50/50. Mr. Rios: Right. If you appoint more than one third, not even 50, we would be disqualified from participating in those programs. Mayor Suarez: Is there any chance - just a hypothetical - that these two folks that are here would resign and would become two of our appointees? Is any... Mr. Rios: Sure. Mayor Suarez: You would be back to five, and we would appoint five, of whom two would be... Commissioner Plummer: Well, I'd like to have the manager's opinion. Mr. Manager? Mr. Odio: He is right to the - when I met with the attorney, Mr. _ Little and all of the people, they did tell me they would lose their status if they didn't have a seven/five. Commissioner Plummer: I'm not interested in seven/five. EK 274 May 13, 1993 Mr. Odio: That the community would have to select seven. Commissioner Plummer: I'm not trying to absolutely dictate. I'm - trying to say... Mr. Odio: I don't know if... Commissioner Plummer: ... that at five/five, I think is fair. Mr. Odio: Let me see if they would accept this. What if they - accept... Vice Mayor De Yurre: Well, let me ask, you know, what it is also is, what is the procedure for selecting the ones that are there now? - Mr. Odio: Well, that's - but I was going to suggest that. - Commissioner Plummer: Do owe have to approve them? Mr. Odio: Why don't we - I don't know if they will accept this. This is the first time I've thought of it. That they would present the names to you, and you would have veto power over that name and say, that's not acceptable, bring somebody else. - Vice Mayor De Yurre: Like the DDA (Downtown Development Authority)? — Mr. Odio: Like we do with Off-street and DDA and all of the people. - Commissioner Alonso: You mean for all of the members? Mr. Odio: For - you would appoint five. Commissioner Plummer: Well ours, we automatically would. Mr. Odio: And they will select seven, but you would have acceptance over the seven. Commissioner Plummer: What you're saying is that the seven they would appoint, we would have to approve. Mr. Odio: Like you do with the DDA, Off-street or whatever. Commissioner Plummer: And if we don't approve them... Mr. Odio: Then they bring somebody else. Mr. Rios: We have - it could work out, I don't have a problem. I think that the problem would be the elections. See, 50 - more than 50 percent of the board has to be elected by the community, and that comes from an election by the... EK 275 May 13, 1993 AWL Mayor Suare v gill, you don't want to get into the 136ue of how exactly it is that the community elects the seven that you have there, do you? Mr. Rios: I don't, but I'd be - I'd be = I don't have a problem with, you know, your making two of the people that are currently there your :elections. Mayor Suarez,. How is the election by the community any different than what we're talking about now? I mean, you don't have an election in the sense that every homeowner votes or every... Commissioner Plummer: It's damn tough. Mr. Rios: We have members of the community come and actually vote. Commissioner Alonso: What method did you use before for the election? Mr. Rios: I'm sorry, Commissioner. Commissioner Alonso: What method did you use before for the election? Mr. Rios: We have - elections are made by members of the organization. Wynwood Community Economic Development Corporation has members, and those members elect the board of directors. Commissioner Alonso: How many members do you have? Mr. Rios: Currently, 12. There are 12 active members. Commissioner Alonso: So those 12 elected the seven? Mr. Rios: That's right. Vice Mayor De Yurre: And how did the 12 become members? Mr. Rios: You subscribe to membership in the organization. We have a membership application. You come and you sign up 1f you are a resident of Wynwood. Vice Mayor Be Yurre: So then theoretically, we could have 20 people sign up, and all of a sudden, they control the organization. Mr. Rios: Membership controls the board of directors. Commissioner Alonso: Who decides that this 1s the method of an election? Mr. Rios: The State, and the different funding organizations. EK 276 May 139 1993 v, t j R";, - i Commissioner Alonso: the State, but that's whet they had in :Hind? terrific. Mr. Odio: But I think, folks, that this would be the best way to ga. You can have all your elections, and bring them here. If thay're not acceptable, we - because, see, the five and a half million dollars are right now... Mr. Rios: ... at risk. Mr. Odio: ... at a high risk. Commissioner Alonso: Very much so. Mr. Rios: That's the question. Mr. Odio: OK. I think Commissioner Dawkins, I witnessed his Calls to Washington, and Mayor Suarez, I heard the call. I got called from Connie Mack, and everybody up there has been visited. Mr. Rios: The Manager is correct. I mean, it's at risk right now. Mr. Odio: And you are fighting the big guys. But on the other hand, you're asking the City to put themselves at risk by saying, yes, go ahead and award this five and a half million dollars. It's already is under control here. Mayor Suarez: All right, Mr. Rios, we now... Mr. Rios: I would like to... Mayor Suarez: Let's let the Commission now decide something here. Mr. Rios: OK. Mayor Suarez: We've got one idea, which would be that you would accept five of our recommendations. That's the correct legal term, I believe. You've got another idea that your current seven board members who are appointed by your corporation members, who are like stockholders, except they don't own stock, because they can't earn any profit, that those seven would be submitted for us for our review and approval, and 1f we don't approve some of them, you would consider perhaps replacing those individuals with someone that would be acceptable to us. If the Commission wants to try putting that into a form of a motion, why not go for that? Now, you have - Mr. Santiago's involvement in this is a puzzle to me, because I don't think he's a member of the board. He may be a member of the corporation. Are you a member of the corporation? Mr. Rios: Here is a member of the corporation. EK 277 May 13, 1993 Mr. Fred Santiago: I'd like to express my Opinion. We are in court... Mayor Suarez: No, no, no. You're not to express your opinion. You're going to answer any question of what your standing is, Mro Santiago. Mr. Santiago: Please, I'm here as a concerned citizen, as a businessman and... Mayor Suarez: All right. We11, have a seat, as a concerned citizen. Mr. Santiago: Thank you. As a businessman... Mayor Suarez: Have a seat. Mr. Santiago: Thank you. I will. Mayor Suarez: Thank you. Now, we've had a lot of concerned citizens here express themselves on almost every issue. Commissioner Plummer: Well, Bill, the other problem I've got... Mr. Rios: Yes, sir. Commissioner Plummer: ... is that you're a member of the board. Mr. Rios: No, I'm not. Commissioner Plummer: Are you off now? Mr. Odio: No, he's not. He resigned. Commissioner Plummer: You resigned, all right. Mr. Odio: I have a letter that says he resigned. Commissioner Plummer: OK. So he doesn't sit on his own salary? Mr. Odio: That's correct. Commissioner Plummer: Are you receiving any other source, either now, or promised in the future, income from your involvement in this action? Mr. Odio: Commissioner Plummer, may I ask, as a matter of point of privilege. I would prefer that if we can decide on the board, and once that board is in place, that I'll bring back to you all of what has been agreed upon, any emoluments or whatever. I want to tell you something. Video tapes of our Commission meetings here have been shown to people in Washington, and whatever we say here could put... EK 278 May 13, 1993 Mayor Suarez; We said that Already. Now, the Commission is interested in inquiring on the financial relationships. To what extent you want to pursue that today? Commissioner Plummer: I'll wait till the next meeting. Mayor Suarez: All right. So we're back to the idea of the seven being submitted t0 us for our blessing, and five that we would submit to you, that you would hopefully incorporate into your board. Now does that sound? Mr. Rios: I would bring it back to the board. I might... Mayor Suarez: Commissioner Dawkins, would you recommend that? Commissioner De Yurre, as the Vice Mayor, you've been concerned about this whole situation. Vice Mayor De Yurre: Now, does that mean that under the bylaws of the entity that these five that we appoint or recommend, they also have to be members or have to become members of the organization? Mr. Rios: After the first year, they would have to be eligible for election by the members of the community, like everyone else. They would have to stand for election after the first year. Vice Mayor De Yurre: No, but then we lose the five that we recommended. Mr. Rios: No, not necessarily. Vice Mayor De Yurre: No? Mr. Rios: No, not necessarily. That's not necessarily true, Commissioner. Everyone stands for election, and... Commissioner Plummer: If those five don't win, do we get to name five others? Mr. Rios: Why not? Mr. Odio: No, those five win all the time. Thus, they don't have to go through any election. Vice Mayor Be Yurre: No, that's - that's what he's saying, they have to go to an election. Commissioner Plummer: That's not what he's saying. Mayor Suarez: Technically, under the corporate rules, they're going to have to be approved by the corporate members so... Mr. Odio: Fine, but I mean... EK 279 May 13, 1993 mp �aP7o x P L Ms. Kearson: But the bylaws could always be amended to delete that. t mean, if you're saying now that the Commission can appoint five board members, they don't have to stand for election if you amend your bylaws. Mr. Rios: 'that's in the bylaws. Ms. Kearson: No, but I'm saying, if you... Mr. Rios: But we can - we can - I don't want to... Mayor Suarez: But then - but then the board can always change the bylaws. Let's not give the impression that something like this would go on forever. If they wanted to oppose us, we could have a major battle here. But how about amending the bylaws to make it sound like what counselor 1s saying? Mr. Rios: I was going to say that, you know, we can try to amend the bylaws, if it's within the purview of our grant... Mayor Suarez: You're going to try very hard to amend your bylaws. Mr. Rios: Absolutely. Mayor Suarez: Very, very hard. Mr. Rios: I will try and make every effort to accommodate the Commission. Mayor Suarez: OK. Commissioner? Vice Mayor De Yurre: OK. Let me ask, when are we expected to get this money down from Washington? Commissioner Dawkins: As soon as - if we pass this resolution and it's agreed between the two entities, we will apply for the money. Commissioner Alonso: What resolution? Vice Mayor De Yurre: We'll apply for the money jointly? Commissioner Dawkins: Jointly. That's what the resolution says. Mr. Odio: Well, I'd like to pass - Commissioner Dawkins has at resolution. Vice Mayor De Yurre: OK. Now, let's say we go ahead and we agree on this five and seven scenario, and we agree to go ahead and apply jointly, to get this money down here. Then once this money is down here, we're going to get into the other issues about all these other corporations that I've been hearing about and all the other operations. EK 280 May 13, 1993 AlAA6 j} - -_ j Mr. Was Yes. Commissioner, once before that, once you... Commissioner Plummers Oh, this is fine with me. This is a joint application. That's fine. Mr. Odio: Yeah. Once the board is constituted, and Commissioner Dawkins and I will work on that, is we'd like to then, have to take some steps, like bringing the lease of the property to you for approval. Vice Mayor De Yurre: What's this 99-year lease I've heard? Commissioner Dawkins: All that will come up later. i Mr. Odio: That's the lease. We wilt have - but I think the best - thing to do is have the board formed and discuss all of this, and — then bring it to you. Vice Mayor De Yurre: But let me - let's be clear about one thing. I don't want... Commissioner Alonso: Yeah, but to that question, I'd like an answer. I'd like an answer also, to that question that Commissioner De Yurre asked. Vice Mayor De Yurre: I don't want to be put in a position that we get the money down here and then we're stuck with a 99-year lease that I would never, ever had approved. i Mr. Odio: I will assure you that you're not stuck with that; that you will not be. Vice Mayor De Yurre: Is that a legal opinion, or is that your... Mr. Odio: That's my lawyer here telling me. -� Vice Mayor De Yurre: Huh? Is that a legal opinion? i Mr. Odio: Believe me, we spent a lot of... 1 Commissioner Alonso: Did they change their mind in the previous - conversation that existed before? Mr. Odio: The bid restriction clearly states that we have to have approval of the City before any lease can be given, so... Commissioner Alonso: So whatever was done is not acceptable? Mr. Odio: It's not a - it's not finalized. Ms. Kearson: The lease has to come before you for approval. Commissioner Alonso: OK. EK 281 May 13, 1993 Mr. Odio: And I would like to do that, once the board is formed, discuss it, and then bring it to you. Vice Mayor De Yurre: is there anything, to your knowledge, that is not reversible, that has transpired to this point? Mr. Odio: Well, I don't know what to - I cannot tell you if - I don't know 1f I have full disclosure of what's transpired up to this moment. What I know of, I'm not sure of that. Vice Mayor De Yurre: OK. You're not sure of that. Mr. Odio: No. Vice Mayor De Yurre: Well, let's put it on the record. Is there anything that you have not told the Administration in this process? Mr. Rios: Nothing. Vice Mayor De Yurre: Nothing. So according to you, whatever knowledge they have is all there 1s to know? Mr. Rios: As far as I know, yes. Vice Mayor De Yurre: As far as you know? You better - you have to know everything, because you're the one that's running the show. Mr. Rios: Well, I know everything relative to our side of the - agreement. I can't speak for the investors and their role. I can only tell you what we've done and what we've agreed to. I've given that to your lawyers. Vice Mayor De Yurre: All that information has been given to the Administration? Mr. Rios: Everything. Commissioner Plummer: What are the investors? For what? (Inaudible response.) What's the five and a half million dollars? Vice Mayor De Yurre: OK. So then we will address this issue according to the Administration - Linda, for the record, based on -' the information, that Bill says that all he knows has been provided to the Administration, and I certainly assume that all that the Administration knows has been put to the City Attorney's -= Office for review. -' Mr. Odio: OK. Let me do this. She's been with me all the time and there are some contracts that are between other parties that we cannot do anything about. EK 282 May 13, 1993 Vice Mayor be Yurre: but not with this part? Mr. Odio: the problem is there are contracts. The lease has to come to you. Vice Mayor De Yurres Yes. Mr. Odio: but there are other contracts between other parties that... Mayor Suarez: You're talking about the operations for the Customs facility, for example? Mr. Odio: And - yeah - between their other corporations and have signed agreements between themselves, then we have no say on it. Ms. Kearson: There are... Vice Mayor De Yurre: Provided the 99 - provided there's a lease. If there's no tease... Commissioner Alonso: Correct. Vice Mayor De Yurre: ... then those contracts are null and void because there's nothing to do. Mr. Odio: If there is no lease, there 1s no investor. Let's put it that way. - Vice Mayor De Yurre: Right. So then basically, we sttl: noia control over everything. Mayor Suarez: Yeah, practical, effective control, you bet your life we still do. Mr. Odio: In a way, you do, yes. Yes, you do. Commissioner Plummer: I don't like the sound of this. Ms. Kearson: That's correct. There are four or five different leases, agreements that I have been reviewing for the _ Administration, but all of them are contingent upon there being a lease with the investor group. Mr. Odio: And your... Ms. Kearson: They're all interrelated. Mr. Odio: And your other control... Commissioner Plummer: Do we know - excuse me - do we know who the investors are? EK 283 May 130 1993 1 Mr. Odio: Yes, we do. We have met with them. They are... Commissioner Plummer: And have we done - excuse me, Mr. Manager, you know, because I've been... Mr. Odio: We are doing that. Commissioner Plummer: ... sometimes I've been around too long. Do we have a background check on these people? Mr. Odio: We are doing that. Commissioner Plummer: Do we know who they are, that they're clean, that there's no picking up tomorrow morning's paper and we're going to see that one of the investors is... Mayor Suarez: Commissioner, up to now... Commissioner Plummer: I don't know. Mayor Suarez: ... ail of those things have been basically on the other side of the door, in the sense that basically, it's their determination. We've not had an oversight over that. Mr. Odio: Now we are... Mayor Suarez: Now, we are exerting oversight. Commissioner Dawkins has been involved in it, the Manager has been involved in it, I've been trying to exert some oversight, and this Commission will have everything presented to it that you would like to read. Mr. Odio: There will be complete backgrounds on these people. Commissioner Plummer: Oh, OK, all right, but up to this point, there hasn't been. Mr. Odio: What I - yes, we have been doing it. I have somebody working on it. Commissioner Plummer: OK. Ms. Kearson: And also, because of the foreign trade zone status, they will have to undergo FBI (Federal Bureau of Investigation) investigations, as well as your appointees. Any appointee that you make will also have to undergo FBI investigation, because of the involvement with the foreign trade zone. Commissioner Plummer: That's nice to hear. Commissioner Alonso: Yeah, but, in fact, we are just - if we approve this resolution, but then other agreements are in effect between them and the investors... Mr. Odio: No, no, no. What - after... EK 284 May 13, 1993 �A k Ms. Kearson: but they're all contingent upon that 99-year lease... Mr. Odio: After, yeah. After they approve the lease. Ms. Kearson: ...that has to be approved by this Commission. Mr. Odio: And you will have, since it's a joint application, those monies will not be disbursed till you are satisfied that everything 1s OK. Vice Mayor De Yurre: The EDA (Economic Development Administration) requirements for giving us this money, how long do we have to operate this venture? Is there a time limitation? Ms. Kearson: I don't know the answer to that. We'd have to find out. Vice Mayor De Yurre: But there is... Commissioner Alonso: There's so much that we don't know. Vice Mayor De Yurre: There is a requirement? Ms. Kearson: We're in the process now of trying to get more information from EDA as to the grant itself and the requirements. Mr. Odio: Let me assure you, Commissioner Alonso, I've spent quite a lot of time on this this week, and I feel that we can move ahead with a new board. I feel that we should by all means make this project happen, and I feel that we should continue with the process of getting the monies 1n here, and make this happen, and I think the steps we are taking today will assure that this will be a good project, you know. Commissioner Alonso: I have always been very supportive, but -_ really, it makes me feel uneasy when I am approving something that I - there is so much that I don't know, and that it seems that some people have pieces of information. Some of us have a little bit. Then the people from Washington come to us, tell us things. Then the other Commissioner has a little bit, and then the Administration adds something else, and then I hear from the legal department, and then I hear very little from Bill, which is amazing, because before, he was over here all the time telling us somuch, and now, he's saying very little or nothing, and that makes me nervous as well. And then I hear that, yes, indeed, there is an agreement in existence, that there is nothing we can do about that. Mr. Odio: It will not be valid unless the lease is approved. Commissioner Alonso: So, you know. EK 285 May 13, 1993 Mr. Rios: Mr. Manager, may t make a comment? I think that a lot of what we want to try to do today, and why I've been so tow key is, there is opposition to what we're trying to accomplish here in the City to try to develop this project, great, very strong opposition. And the opposition has used this Commission meeting, and the proceedings, and tapes of you and I talking, and they've gone and they've portrayed us as not being cordial or as not being in agreement with each other, and so we've tried to keep as low key as possible and to release as little information that could be used to come back to haunt us, and that's what we've tried to do because of the opposition relative to the money that comes from EDA. Commissioner Dawkins: I can't buy that, Mr. Rios. Commissioner Alonso: Yes, but in the meantime... Mr. Rios: But, I mean, that's why... Commissioner Dawkins: I can't purchase that, I can't buy that. Now, when you and I went to Tallahassee, you and I were the best buddies in the world. We went foot to foot. Then you and I went to Washington. You got the free trade zone. It was no longer City of Miami; it was Bill Rios. Now, you have constantly said this Is your free trade zone, although if the City of Miami had not provided the money to get the application out to get it up there, we wouldn't have it. So all along, this was supposed to be a joint effort for the betterment of the Wynwood community. That's what you and I are committed to, and that's what you and I are going to see happen. But it cannot happen unless you and I sit down and agree that Wynwood is what we're concerned about, OK? If we develop Wynwood as we planned, as we said we were going to do, we'd provide - what did we say? Jobs, housing, and everything. But somewhere along the lines, as you said, somebody tripped the wire. Now, when you and I were 1n Washington, they told us that the Leyvas were doing all they could to stop our application, but because we said that this application was establishing a free trade zone where blacks and Latins could be introduced to international trade and freight forwarding, they said that we would get the permit; am I correct? Now, we have the permit. But as you said, we don't know what's happening. First, somebody comes to us and says, you transfer - which I don't come to you because I can't go through all of that. First they say you're going to move it to Opa Locka. Hey, I know, you've already said that an individuals are attempting to destroy the whole thing, and if we don't work together, we're going to lose it, see? So, now, whatever we have to do, Bi11, see, we need to do that, and do it in a hurry, because you know the Leyvas do not want us to have this free trade zone, and the longer we take to implement it, the greater chances we give them to stop it. So whatever the differences are, or whatever the dislikes are, who doesn't like whom, who is in love with whom, let's see if there's some kind of a way. Now, I hear everybody saying seven to five, five to seven. To me, saying that you EK 286 May 13, 1993 e can't have seven is indicative that there's not seven people out there who are not fair --minded and who will vote one way, irregardless of the consequences. I don't believe that. I believe if you've got seven members on the board, and it's five other people, and the other five people went to do something that's right, I don't believe that seven people would vote against that. I don't believe that, see? OK? But that's one, OK? So I have no problem with your having seven and we having five, if our five remain constant, because I do believe that we are in this together, and if the bottom line is the same, which is, bring Wynwood up, that we all got the same agenda. So I'm ready to do whatever we have to do. Commissioner Alonso: I have one more question. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: And it's in reference to the license. Mayor Suarez: And then we'll go to the motion. Commissioner Alonso: Do we have problems with the license? I've been told that the license has... Mr. Odio: The license 1s OK. Commissioner Alonso: We - the license, as... Commissioner Dawkins: ... belongs to the Wynwood Development Corporation. Commissioner Alonso: Right. But it's the proper license? Mr. Odio: Yes. Mayor Suarez: Now, the next time... Commissioner Alonso: It does what 1t says... Mayor Suarez: Let me, 1f I may, Commissioner. Next time we are interested in seeing the license or knowing the license, you get your fax machine, and you fax it to everyone here, and make sure we proclaim 1t 1n nice, big, bold letters; no problems with the license being disseminated to all of the Commissioners who want to took at it, and the City Manager, copies made, you know; nice, full disclosure, Bill. That's the way you've got to approach us. Commissioner Alonso: Yeah, that's a very good point, because I've been told by people from Washington that there were problems with the license, so the only way is to show us the license, so that we know for a fact that there is no problems with it. Mr. Rios: Commissioner, if you give me an opportunity, next week, I will bring you a... EK 287 May 13, 1993 Fk3sf7! Commissioner Dawkins: pull the mike up, Bill. We can't hear you. All right, thank you. Mr. Rios: Next week, starting Monday, what I'll do is, I'll schedule an appointment with every one of you and bring you up to date on the entire issue individually, and make a presentation individually to all of you with regards to all of the documents so that you can be aware, you know, the zoning application, and where that's at, and all of the certificates and everything else. I don't have a problem with that. I would start Monday, and Commissioner Alonso, you would be first. Commissioner Dawkins: Well, I'd like to see, Bill, the Manager recommend somebody, anybody, to meet with you weekly, so that you know where we are and we know where you are, and then 1f the two of you feel that there's something that's pressing, that you take it to the board, or you and them bring it to us, because we've got to get 1t started. So are you... Mr. Rios: We can meet with you weekly. Commissioner Dawkins: Are you willing - wait a minute, I'm sorry, Bill. Would you take it back to the board to amend the bylaws that the five people appointed by the Commission will be the Commission's appointees? I Mr. Rios: I'd be happy to take it back. Commissioner Dawkins: OK. Commissioner Plummer.- Well, I think it goes without saying, if that amendment is not made to the bylaws, we will not sign the lease. Commissioner Dawkins: OK, no problem. OK. All right. OK. Well, let's do this. Let's pass... Mayor Suarez: That's correct. It's not stated legally quite the way it would be, but we understand the meaning, that we will try to block the signing of the lease. Commissioner Dawkins: Mr. Mayor, Mr. Mayor... Commissioner Alonso: One last question. Commissioner Dawkins: Let's appoint whomever we want to appoint, and let's let Mr. Rios and his board members and the Manager meet, and then let them hammer out, because as Mr. Rios has said, we are being monitored, and the more ammunition we give people to beat us over the head with, the more there is. But if the board meets - the newly constructed board - there will be no TV'1ng of it, no what have you, and then when they come back to us, Mr. Mayor, at the next meeting, we will have a done deal. I mean, if that's agreeable to everyone up here. EK 288 May 13, 1993 z Mayor Suarez: Yeah. Commissioner Alonso: One last question for me. What about taxes? Is the property having any problems with the taxes? Mr. Odlo: No. They owe all the taxes, no question about it. Commissioner Alonso: Who is supposed to pay for these taxes? Mr. Odio: They are. Mr. Rios: We have had...(cough). Mr. Od1o: I made him lose his voice. Mr. Rios: I am. 1 guess I'm coming down with a cold. Commissioner Dawkins: Don't throw it over here. Mr. Rios: What I was going to say is, we have an understanding with the County that the taxes may actually not be owed, and starting 1n this year, we would be responsible for the taxes and would pay them, Commissioner. i i Commissioner Alonso: Why is that? Commissioner Dawkins: City of Miami property, the County told you you don't have to pay taxes? Mr. Rios: Yes. The taxes on the property, according to the County, Commissioner, they indicated to us that there were actually no taxes owed. Commissioner Dawkins: That's the first, that's the first item for the board to do... Mr. Rios: No, we're looking into this right now, and... - Commissioner Dawkins: Mm-hmm, I'm saying, but that's the first _ thing we need to clear up. Mr. Rios: Oh, yeah. Commissioner Alonso: You say that because of problems with the deed? - Mr. Rios: Yes, there were problems with the deed, and that's been corrected, and there's another subsequent corrected deed being issued to address that issue. Commissioner Alonso: So it is your understanding that you don't owe any taxes, because the property was not given to you at that period of time. You believe it was the property of the City of Miami; therefore, nontaxable. Is that the position... EK 289 May 13, 1993 Mr. Rios: Well, we're discussing that with the attorney with the City to clarify that. Regardless of whether it's now or - I don't there's going to be any taxes due, and in the future, any taxes that are due, you know, we would be responsible for the taxes. And matter of fact, one of the nice things about this particular project, Commissioner, and I want to be real brief, is a concern of Commissioner Plummer's, was that all of the City property that goes around without paying taxes, what we've done in this particular project 1s very interesting, in that we have gone ahead and relayed the taxes to the investor, to relate those back to the tenant. So actually, the taxes wilt always be paid on this property from now on in the future, because they're going to be forwarded to the tenant, and the tenant will actually be responsible for all of the property taxes. Mayor Suarez: Well, if taxes are payable, they will be passed through. I am sure you'll figure out a way to do that. — Mr. Rios: We've done that. That's exactly what I'm talking about. Commissioner Plummer's interest was that... Mayor Suarez: So we congratulate you for that, but that's nothing extraordinary. What the Commissioner was asking about is if any tax is delinquent right now and... Mr. Rios: If there's any taxes delinquent, they will be paid. Commissioner Alonso: There is a discrepancy on that. Mr. Odio: Let me clarify. There are taxes that are delinquent. Linda Kearson has talked to the County. It still - when we get 1t in writing, it's official that we won't have to pay them. Ms. Kearson: Right. I've spoken with Barbara Santos from the County Property Appraiser's Office. She informed me that the taxes will not have to be paid. Previous delinquent taxes will not have to be paid. That's what I was told. Mayor Suarez: All right, all right, OK. We'll get all of that resolved. Vice Mayor? Mr. Rios: I mean, I was under this impression, too. Vice Mayor De Yurre: Is this a venture that is going to be of such significance that maybe we should consider, just like some of the other boards that we have, members as chairman, that we should have a chairman from this Commission? Commissioner Dawkins: No. Vice Mayor De Yurre: Why not? I'm just throwing it out. Do we want to have some presence there that will represent us to that degree? I don't know. 1 EK 290 May 13, 1993 � �s Commissioner Dawkins: We want a presence, Commissioner De Yurre, but there again, we don't want to appear as if we're not going to work as a team, and that we are - you know, T don't - we don't need the appearance that we don't trust each other. T mean, don't know a better way to put it. Vice Mayor De Yurre: No, T'm saying to work together and, you know, just like you come back, you know, from the Sports Authority and bring back information and recommendations. You know, I feel more at ease when you say it, you know, a fellow Commissioner, than having to hear from other entities. I'm just throwing it out. If it's not a good idea, we'll just go right ahead. Commissioner Dawkins: I don't know. I mean, I would rather us try to get the free trade zone going and then when we get to that point, we'll Worry about trying to structure a... Vice Mayor De Yurre: OK. Commissioner Alonso: Maybe we should talk about that next Commission meeting. Vice Mayor De Yurre: OK. Well, but right now, what we're proposing then is a 12-member board; five to be recommended by this body, and seven to be elected by the membership; and this also is with the understanding that there is a lease that has yet to be approved by us. Commissioner Dawkins: And with that, I will present the resolution for the 5.5 million dollars after we appoint the people to the board. —i Commissioner Plummer: I got a question. c Commissioner Dawkins: Yes, sir, Mr. Plummer. Commissioner Plummer: Mr. Manager, I have a resolution in front of me talking about a joint application. Does "joint" in this instance mean 50/50? 1 Commissioner Dawkins: It means the City of Miami and the Wynwood... Mayor Suarez: Well, requiring a signing off by both. Commissioner Plummer: Whoa, whoa. All right, does it mean they are equal in standing? Mayor Suarez: They require signing off by both, yeah. Commissioner Plummer: Mr. Rios, do you understand that? EK 291 May 13, 1993 -- T Commissioner Plummer: Well, we'll read it to you. Mayor Suarez: Well, that's what it says. Commissioner Plummer: "A resolution supporting the City's joint application with the Wynwood Community Economic Development - Corporation, Inc., for a grant in the amount of $5.5 million, from the Economic Development Administration, to assist with the financing of the Wynwood Foreign Trade Zone, authorizing the City = Manager to execute the necessary documents in a form acceptable to the City Attorney, with such joint application." Now, do you understand, Mr. Rios, that this is a 50/50 standing? Mr. Rios: Sure, Commissioner Plummer: It's joint. Mr. Rios: That is what "co -applicant" means. Commissioner Plummer: OK. As long as that's understood. Commissioner Alonso: Meaning everything in the future is joint application? Commissioner Plummer: Not necessarily, but... Commissioner Alonso: Justified... Commissioner Plummer: In the application, it's 50/50, it's joint. Mayor Suarez: It's more than 50/50, really. Commissioner Plummer: But I want to make sure that it was understood that "50/50" meant "equal." Mayor Suarez: Yeah. It's more than 50/50. You technically have to sign off on it before the funds can be used. Either side can block it. Commissioner Plummer: Are you moving this resolution? Mr. Rios. Yeah. Actually, EDA doesn't disburse without having the work done. EDA is more... Mayor Suarez: Well, in this particular case, EDA, I don't think, will give the grant unless it is a joint application, because that's what they've indicated to us. Mr. Rios: Yeah. It's more - EDA is actually more stringent than the City, so it's not a problem. EK 292 May 139 1993 _�-•-• 6sa. k FZ "`L+ 8�" �i'N' `xr. _ �� aS; �' � _ �r Or Mayor Suarelt relit but we want to make sure you understand that that's the way the Commission wants to proceed; otherwise, we'll stop working to get the five and a half million dollar grant, Mr. Rios, and 1f it wasn't clear before today, I think it's pretty clear today. Commissioner Plummer, this resolution... Commissioner Plummer: OK. I can put a City employee on as my designated representative, correct? Mayor Suarez: Yes. Commissioner Dawkins: You can put any... Commissioner Plummer: I'm ready to put my person on. Mayor Suarez: All right, let's do this. Commissioner Dawkins: You can put anybody on there that's not in your business professionally. Mayor Suarez: I'll entertain a motion... Commissioner Plummer: That's a dead item. Mayor Suarez: ... that we proceed in accordance with everything that's been stated to nominate the five people, or recommend the five people, always subject to your board approving and of building it into its bylaws, and that with that assumption, we also will be in a position of voting on this resolution, because this resolution... Ms. Kearson: Excuse me, excuse me. Mr. Odio: Got a good point here. Ms. Kearson: We need to clarify what the qualifications will be for your appointees, because as it stands... Mayor Suarez: All right. What do you suggest them to be, quickly? Mr. Odio: I think anyone you want that you trust, that you know they will be consistently there... Commissioner Plummer: Warm and breathing. Vice Mayor De Yurre: Have to be living here or a business in the area. Mr. Odio: I don't agree that they should live in the area. Vice Mayor De Yurre: OK. EK 293 May 13, 1993 Mra adios I think you could bring expertise from outside the urea. Vice Mayor De Yurre: OK, fine, goad. Mayor Suarez: All right, Commissioners, what do you want to do on that? Commissioner Plummer: Move ito Mayor Suarez: What qualifications? People at our discretion? Commissioner Alonso: Yes, Commissioner Plummer: Yes. Persons - people that we feel are qualified. Mayor Suarez: Who are not disqualified, all right? And I... Commissioner Plummer: Well, Mr. Mayor, I do feel, as other boards, that they should reside in the City of Miami. Mayor Suarez: My appointee will reside there, but you're about to appoint someone from the City staff, unless you've got somebody who lives in Wynwood in mind. Commissioner Plummer: No, sir. I'm going to put Cisneros on there as my appointee. Mayor Suarez: But not in - he doesn't live in the area. Commissioner Plummer: No, 1t doesn't have to be 1n the area. Mayor Suarez: OK. That's what I thought... Commissioner Alonso: He lives in the City of Miami. Mayor Suarez: I thought you were saying that they would have to live 1n the area. Commissioner Plummer: City of Miami. Mayor Suarez: Oh, all right. Yeah, I'm... Commissioner Dawkins: Or business in the City of Miami. Mayor Suarez: OK. 4 - Commissioner Plummer: If you want. Mayor Suarez: OK. So moved by Commissioner Dawkins. Commissioner Plummer: Second. -+ EK 294 May 13, 1993 z" y3 Mayor Suares: Seconded by Commissioner Plummer. Please cell the roll. The following motion was introduced by Commissioner Dawkins# who moved its adoption: MOTION NO. 93-3113 A MOTION OF THE CITY OF MIAMI COMMISSION AGREEING TO PROCEED WITH ITS APPOINTMENT OF 5 OUT OF 12 MEMBERS OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION INC. BOARD; FURTHER STIPULATING THAT SAID APPOINTEES SHALL BE CITY RESIDENT OR HAVE A PLACE OF BUSINESS IN THE CITY OF MIAMI. Upon being seconded by Commissioner Plummer, 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 Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Dawkins: Are we going to appoint them now? Mayor Suarez: Yes. I'll entertain nominations. We have... Commissioner Alonso: I will not appoint mine today. Mayor Suarez: No? OK. Commissioner Plummer: I nominate Pablo Cisneros. Mayor Suarez: Pablo Perez -Cisneros, Commissioner Plummer. Commissioner Dawkins? Commissioner Dawkins: Dr. Castell Bryant, from Miami -Dade Community College. Mayor Suarez: Castell Bryant. Commissioner - Vice Mayor, do you have a nomination at this point? Vice Mayor De Yurre: Luis De Rosa. Mayor Suarez: Luis De Rosa. And you're going to love this one, now, Bill... EK 295 May 13, 1993 Commissioner Alonso: Luis who? Mayor Suarez: ... Father Jose Luis Menendez, just the person you'd love to have on your board. You have a reverend now, a Cleric. And he is accepted, by the way, so he's just dying to go to the first meeting. I'm sure you're going to be inviting him and... Commissioner Alonso: I'd like to submit my.... Commissioner Plummer: Who is it? Commissioner Alonso: name later on, so if it's possible do It that way. Commissioner Plummer: Oh, from Corpus Christi. 01, yoi yoil Mayor Suarez: Do we need to vote on those at this point, or do we just submit them? Commissioner Plummer: We're going to have a holy - it's... Mayor Suarez: Do we need to vote on the nominations, or we just submit them, do you think? Commissioner Plummer: We're going to have a holy free trade zone, huh? Mayor Suarez: Move them. Commissioner Dawkins: I move therq. Mayor Suarez: Move them. And Commissioner Alonso will do hers in writing. Commissioner Alonso: Yes. Commissioner Dawkins: I move that we accept the nominees. Mayor Suarez: OK, so moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Call the roll. EK 296 May 13, 1993 sfiy�,l F Tire following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-319 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS ON THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. BOARD. (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. Commissioner Plummer: I'm assuming now, Mr. Mayor... Commissioner Dawkins: I move the resolution... Mayor Suarez: To a joint application. Commissioner Dawkins: And the City resolution. We will... Commissioner Alonso: Second. Attorney will read the Mayor Suarez: It was read into the record by Commissioner Plummer. Commissioner Alonso: Yes, it was already read. Commissioner Dawkins: it was? Mayor Suarez: Do you want to... Ms. Kearson: He read it. Commissioner Plummer: I read it. I mean... Mayor Suarez: Do you want to do a caption, a quick caption, so we know for the record what we're voting on? EK 297 May 13, 1993 Y ICAT! MaHIS yorPUSLYCsRECORD SBYSTiTLECONLYITY jTTORNEY READ THE RESOLUTION Mayor Suarez: Call the roll, please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-320 A RESOLUTION SUPPORTING THE CITY'S JOINT APPLICATION WITH THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. FOR A GRANT, IN THE AMOUNT OF $5.5 MILLION, FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION TO ASSIST WITH THE FINANCING OF THE WYNWOOD FOREIGN TRADE ZONE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUCH JOINT APPLICATION. (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: Now, when do we get the approval on their seven members? Mayor Suarez: Please submit the names of the seven members as quickly as possible, and I'm sure that we'll get a chance to... Commissioner Plummer: Prior to signing the lease. Mayor Suarez: Yes. Ms. Kearson: We'd like to have a board meeting. We should have the meeting, a board meeting convened before we do anything else. Commissioner Plummer: Well, I... EK 298 May 13, 1993 Commissioner Plummer: It's my understanding that the two items, the approval of their board members and the amendment to the bylaws of our five appointments will be done prior to signing the lease. What's my understanding. Ms. Kearson: Within the next week, but we want to do bring the lease by May 27th, correct? Commissioner Plummer: So they better get busy. Mr. Odio: We'11 have the names of everybody by then? Vice Mayor De Yurre: Before we sign anything, I want to see everything that's going on. Commissioner Alonso: Oh, yeah. Mr. Odio: No, no, no. That, I can promise you, you will have that. No way. And I'm going to bring that here... Mayor Suarez: OK. It's - item - all right. Understood that no further legal action of any sort can be taken until we have seen those names and given our blessing. ---------------------------------------------------------------------- 49. BRIEF STATEMENT BY COMMISSIONER DAWKINS ANNOUNCING THAT AGENDA ITEM 37 (FUNDING OF AMERICAN AIRLINES MIAMI MILE) HAD BEEN SETTLED -- ITEM WITHDRAWN. ------------ rr-------------------r-r-----r----_r-_rrr--------- -rr-r-----err---_- Mayor Suarez: Item 37. Commissioner Plummer: Commissioner Dawkins, it is my understanding 37 has been resolved. Commissioner Dawkins: OK. I withdraw this. Mayor Suarez: OK. Commissioner Dawkins: It's been settled. Mayor Suarez: Very good. EK 299 May 13, 1993 i i. iilN irfYliY iti iiWY iIY.`i it illlifi -----------ii------------------------r--YiYYf.L- 60. BRIEFLY DISCUSS AND REFER TO CITY MANAGER FUNDING REQUEST BY CENTER FOR VISUAL COMMUNICATIONS, INC. TO SUPPORT THE MARJORY STONEMAN DOUGLAS ART EXHIBITION AND 103RD BIRTHDAY CELEBRATION REITERATE POLICY OF COMMISSION THAT NO FUNDING REQUESTS ARE TO BE PLACED ON THE AGENDA UNLESS THERE IS A PRIOR POSITIVE RECOMMENDATION FROM THE CITY MANAGER. ----------- -----r—r-----r---- -------- r-----.ter------------------- Mayor Suarez: Item 38. 1 Commissioner Plummer: I have received a call from some of the people of the organizations. Sir, I'm going to play it right out on the line for you. They say that this is a venture of yours; that the organizations that you listed didn't get any money; that it was using Mrs. Stoneman Douglas'name; and that, in fact, you said that this was going to raise money for charities, and none of them received any monies. Mr. Barry Fellman: I wish those people... Commissioner Plummer: So, sir, I want you to speak to that... Mr. Fellman: Sure. Commissioner Plummer: ... yes or no, and in some way, demonstrate, yes or no, because these people were most adamant. Mr Fellman: I wish, whoever these people are would contact us directly. My name is Barry Fellman. I'm director of the Center for Visual Communication. It's a nonprofit 501-C3 organization, and this is the third year we've done this exhibition and event, and we receive donations in kind and dollars from various - Bachelor Foundation this year was one of our sponsors. And the monies are used to put on the exhibition. This year, the funds that are raised from the sale of all the artwork go to the Everglades National Park directly. Commissioner Plummer: How much - no. Tell me about last year, sir. Of the monies that you raised last year, tell me how much went to each charity that you named. Mr. Fellman: Last year, the event did not have a profit so... Commissioner Plummer: Didn't what? Mr. Fellman: Last year, the event did not have a profit. It didn't have any surplus of monies that were raised. Commissioner Plummer: And how much money did you have last year for this project? We gave you how much? EK 300 May 13, 1993 rg 7 +x Mr. Fellman: $600006 Commissioner Plummer: And where did that money go? Mr. Fellman: It went to the various items which you can see are pretty much the same that are on this year's budget, on this part of your package, and cost relate to... Commissioner Plummer: Sir, what we - you know, to the members of - my colleagues on the Commission... Mr. Fellman: Mm-hmm. Commissioner Plummer: From the way he's speaking, he's telling me exactly what the people told me. They received no monies. Now, that may or may not be by design or accident. Mr. Fellman: Wells let me tell you the reason for that, Commissioner. It's because... Commissioner Plummer: Yeah, you didn't make any money. Mr. Fellman: No, the reason for that is that these people decided that we should not receive a grant for - remember, last year, you suggested we go to various other agencies, which we're in the process, and, in fact, I told you last year that we had applied to Dade County for a grant which would cover the basic costs for the exhibition and the event. Commissioner Plummer: I'd be better off giving the money direct. Mr. Fellman: But these people decided that they didn't like Dade County to spend money on artwork, or for some reason, they didn't want Dade County to spend money on this event, they decided. And they intervened, and Commissioner Ruvin at that time proposed to Dade County that the monies be provided for this event, like they do with other events. And these people... Commissioner Plummer: Well, sir, let me tell you what they told me, all right? That this Commission would be wiser to give the money directly to the charities, and then they would have something for sure, which they didn't get last year, you know. Mr. Fellman: This would be fine with me, because this year, all the monies that are related to most of the costs this year have been underwritten by other people and we're running very close. All the sales from the artwork this year are going to the Everglades National Park, and we hope that there will be a surplus as well, in the other monies. But one thing that I have a problem with is these people, who I only can guess at, have called - we've had many sponsors this year; Bachelor Foundation, AT&T; Bacardi provided the drinks, Channel 7 did news coverage; Channel 39 did a half hour program about the effects of the hurricane on the Everglades. We've had many people that have EK 301 May 13, 1993 come into the exhibit, that thought it was great. McDonald's gave the presentation and the prizes to the kids. It's a real large community effort, and I wish these people, whoever they are, instead of trying to knock this event down, would really get in and help participate. We had Kaleidoscope, La Festival, McDonald's, Red Lantern, San Michel, Winn -Dixie, all provide food... Commissioner Plummer: Sir, they're not trying to knock it down. Please don't misunderstand me. They said that you stood before this Commission last year, got funding predicated on donations to charitable institutions, and you named them. You are readily admitting here, sir, that they got no money, because you didn't make any money. Mr. Fellman: Well, let me explain again. Last year, per Marjory Stoneman Douglas, who I've known for many years, and the reason why this exhibition and event came off the ground in the first place, with her support, I proposed to her that the monies go to friends of the Everglades, and she said that would be great. And so Friends of the Everglades - when I proposed to have Dade County help sponsor the costs for last year's exhibition, Commissioner Ruvin said, this is a great idea, we want to be behind it, and I will present it to the Commission. These people from - certain people from Friends of the Everglades called Commissioner Ruvin and said, we don't want to be part of this event, "We don't want to be part of this event." Please don't don't propose that these people get money from the Commission. So Commissioner Ruvin said, OK, I don't want to create an enemy, and I'll take your item off the agenda. So $25,000 in funding from last year's event was taken off the agenda from Dade County. Commissioner Plummer: All right. Mr. Fellman: This year, we did not apply for funding from Dade County, because these people seemed to not want us to get it from Dade County. But the event has great community support. The pictures by the students are up at TOPA (Theater of the Performing Arts) for two months. Pictures by teachers at Dade County Schools are up in the gallery in Coral Gables for this two -month period, and we've had a lot of community support. It does take funding to put on this type of event, and we have to you our budget. And it's not a big budget. But it's an event that provides a lot of community visibility. Commissioner Plummer: Do you recommend it? Mr. Fellman: And it provides awareness about the importance of... Commissioner Alonso: We can send him to you. Commissioner Plummer: Yeah. I move that we send the proposal to the Manager to see if there is something that the City can participate in. 302 May 13, 1993 Mr. Cesar Odio (City Manager): My name is "Tote." Commissioner Plummer: Who 1s TOM Mayor Suarez: That's someone you always blame for everything. Mr. Odio: That's a Cuban name there. Commissioner Plummer: Mr. Odio: No, Tot1. I thought it was Papito. Commissioner Alonso: It's the first time it was used openly. Mr. Odio: It is not a bad word. It's not a bad word. Mayor Suarez: It's like when you pass the buck or blame the scapegoat. Mr. Fellman: Could I explain one thing to the Commission? Mayor Suarez: It's kind of a combination.of buck and scapegoat. Mr. Fellman: If I could please explain one thing to the Commission. At the meeting - Commissioner Ruvin set up a meeting between these people and our group last year, and they decided that they just didn't like the idea that Marjory Stoneman Douglas... Commissioner Alonso: Do you know who they are? Mr. Felliman: Well, I know last year. I don't know if it's the same people, because they don't come up and tell me these things. Commissioner Alonso: I see. Mr. Fellman: And hear things secondhand. I wish they would, if they have a problem, contact us directly. We'd be happy to give them any information and work out anything they want. But my gut feeling is they don't like the idea that Marjory Stoneman Douglas has lent her name to this event, is my gut feeling. But I have Marjory's approval. She came to the reception this year. She was on TV. She spoke to - Channel 6 and Channel 7 were both there. And we do everything on the up and up. I have nothing to hide; neither does the organization. So I don't completely understand why they're upset. But they, themselves, decided they didn't want - when we proposed to give them monies from the profits from last year's exhibition, if we could get granting, funding from Dade County, they said, no, we don't want to receive them. And those were the only people last year that were supposed to be getting funding from the sales of the art. So they, themselves, decided they did not want to have the funding. Commissioner Plummer: We're sending it to Toti? EK 303 May 130 1993 • Commissioner Alonso! Yes. Commissioner Plummer: Yes, Mr, Fellman: So of course, they didn't get the funding, they decided they didn't want to have it. That's why this year, we did not involve the friends of the Everglades, and the money is going directly to Everglades National Park. Mayor Suarez: Is there any person on this Commission that - I mean, I know that it's your request to have it here, I presume, because they requested to be heard - but that 1s proposing any City tangible help for this? Regardless of their relationship with Commissioner Ruvin, or the County, or whatever. I mean, that's all very well and good. Go do your good deeds. But we don't have any money here for this, if that's what you're going to be proposing at some point, you know, for anybody's birthday. Mr. Fellman: This is not... Mayor Suarez: Not even the City's birthday. We don't even have money to support the City's hundredth birthday. Mr. Fellman: This is not a birthday. Mayor Suarez: And we're getting hammered in the Miami Herald about that all the time. Mr. Fellman: OK. This 1s not a birthday party. This is a... Mayor Suarez: Well, whatever it is, related to the life and time or the arts, we just don't have the money. That's not what we do. So I mean, I don't know what we're talking about. You can refer whatever you want to the City Manager, but he's just going to meet with you, listen to you, and give you all kinds of letters of support. I'll give you letters of support. You don't need to talk to him about it. Mr. Fellman: The only reason I'm here, Commissioner, this year, is because you were very supportive last year. Everyone thought that the event was very beneficial to the City. It happens to honor a wonderful woman. This year, Dade County... Mayor Suarez: Must have been a four to one vote, because I'm pretty sure I didn't vote for it, if it meant any money from us. We have to run a City. Mr. Fellman: It was a unanimous vote last year, Mr. Mayor. Mayor Suarez: I'm sorry? Mr. Fellman: Last year's vote was a unanimous vote. EK 304 May 13, 1993 Commissioner Alonso: Yes* it was. Mr. fellmant And all the Commissioners voted for it. Mayor Suarez: Well, that was a mistake I must have made. I thought I voted against any of these funding$. We just don't have the money. Commissioner Plummer: Mr. Mayor, am I way off base? It was my understanding that none of these matters would come before the City Commission in a request for any funds without first making a full presentation to the Manager. Mayor Suarez: I thought that's what we tried to institute, that system. Commissioner Alonso: But that's not the way it is. Look at the agendas. Mayor Suarez: There 1s nothing... Commissioner Alonso: And every - and they come to us and they ask and... Commissioner Plummer: Yes. Commissioner Alonso: Yes. Mr. Odio: But put yourself in my position. I get a memorandum from one of you saying, please put this Item on the agenda, and I'm going to do it. Commissioner Plummer: Well, it would seem like. Commissioner Alonso: But that's the way it is. But you should call these people, and talk to them and... Mr. Odio: I will call them and tell them, we're not going to fund you, and they say, we still want to go. And I have to put them on. Mayor Suarez: Well, Mr. Manager, I've got an idea. This doesn't involve you, believe me. Commissioner Alonso: This is a method. Mayor Suarez: When you get those memos, if that's the consensus of this Commission... Commissioner Alonso: Sure. Mayor Suarez: ... OK? Refer them to me, and I will make sure that the Commissioner understands that this matter has got to have a recommendation from the Administration, otherwise... EK 305 May 13, 1993 OF hq_ "777 n Commissioner Plummer: Yeah. Mayor Suarez: ... on a funding request, we will not put it on the agenda. Commissioner Alonso: Yes. Commissioner Plummer: I thought that was the policy already. Commissioner Alonso: Unless we feel strongly about one of them and then make the presentation. Mr. Odio: No, no. You have stated such, but... Mayor Suarez: Having told the people that they have to go through that process, and having them either go through the process and not get recommended... Commissioner Plummer: I move, so it becomes official, that that process is now the policy of this Commission, I so move. Mayor Suarez: So moved. Commissioner Dawkins: Yeah, I can second that one. Mayor Suarez: Seconded. Commissioner Alonso: Yes. Mayor Suarez: Call the roll on that. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-321 A RESOLUTION OF THE MIAMI CITY COMMISSION REAFFIRMING ADMINISTRATIVE POLICY WHEREBY FUNDING REQUESTS SHALL BE PLACED ON THE CITY COMMISSION AGENDA: (A) ONLY UPON PRIOR APPROVAL AND RECOMMENDATION OF THE CITY MANAGER, OR (B) AT THE SPECIFIC REQUEST OF A CITY COMMISSIONER. (Here follows body of resolution, omitted here and on file in the Office of the City ' Clerk.) EK 306 May 13, 1993 � k d upon being sw nc was passed and adopted AYES: commissioner Commissioner Commissioner Vice Mayor V Mayor Xavier NOES: None. ASSENT: None. led by Commissioner Alonso, the resolution by the following vote: Miriam Alonso Miller J. Dawkins J. L. Plummer, Jr. ictor De Yurre L. Suarez Mayor Suarez: Wrong day at the wrong time for you. This 1s not reflective of your cause, I guarantee you. But... Mr. Fellman: Commissioner Plummer, I wish to clearly respond to the items you've brought... Mayor Suarez: Oh, yeah, but you're going to do that privately, sir. We... Mr. Fellman: But... Mayor Suarez: We've spent enough time on this, I'm sorry. Mr. Fellman: We11, but I just wish to clearly respond to the people who brought them up, and if you would be good enough to have them contact me or arrange so we could do that, because... Commissioner Plummer: I will contact them. If they're interested, they will do so. Mr. Feilman: OK, because the purpose for this is very positive, and by knocking this thing down, they don't... Commissioner Plummer: We fully agree. There's so many positive things being done out there, if we funded all of them we'd... Commissioner Plummer: You said knocking it down. They didn't knock 1t down. Mayor Suarez: ... have a bigger budget in the federal government, which is now one and a half trillion dollars. EK 307 May 13, 1993 - j '�2•' &�[ Y� r� � M1�AWL flii4iYiiifYiiiiii- .LW►Y.isiii iii iiilGili�tilliTi"1Giii,irir�irifiriY,wrrwwiwiwriiiwrwwwiwrrirrrrwir Alr+rriii�i r:'6fi: $$to CONCERNING NEED FOR COOPERATION BETWEEN THE AMERICAN AUTOMOBILE ASSOCIATION (AAA) AND TOWING COMPANIES OPERATING WITHIN THE CITY -- REFER TO ADMINISTRATION. rrrrrrdiri.�rrrrr�Yrrrrrrir.--rrr r r r- SwrrrirrrrrrwwrrrirtlY Mayor Suarez: Item 39. Lourdes Molina, represented by a familiar face around these parts. Good to see you here not serving subpoenas. Mr. Fernando Mata: Thank you Mr. Mayor. Commissioner Plummer: What item is this? Commissioner Alonso: Thirty-nine. Mr. Mata: My years with the FBI are behind me now, so... Mayor Suarez: I'm sorry? Mr. Mata: My years with the FBI, as an agent, that's over, in the past. Mayor Suarez: God, I remember you coming in here before I did at 7:00 a.m., and loaded with subpoenas. Commissioner Alonso: Yes. Mayor Suarez: And scaring the wits out of everybody. All right. Mr. Mata: I want to thank the Mayor and members of the Commission, and the City Manager, for the opportunity to speak to you. My name 13 Fernando Mata, and I am an attorney at 3501 Southwest Sth Street in Miami, and I represent Diaz Towing. And the reason I'm here is because of what I consider to be unfair practices by the towing - City -contracted towing services of Miami. As you well know, the City of Miami has divided the City into six towing areas, and the problem that has existed now for a while is that whenever Diaz Towing Service attempts to retrieve a vehicle from one of these six City -contracted towing areas which have a storage area - each one of them has a storage area - the managers, the owners of those entities simply refuse to release the vehicles that are there stored away, to Diaz Towing Service. Now, this is relevant and important, because it affects thousands of citizens of Miami. and the reason I say that is because Diaz Towing is the principal towing agent, towing representative for Triple A services of Miami. They... Mayor Suarez: What's the name? EK 308 May 13, 1993 i.. 9 �1 Mr. Mata: Diaz Towing. Mayor Suarez: Diaz, Mr. Mat&: Diaz. And they are the principal towing service agent for Triple A. They do approximately 30,000 towing pickups for - Triple A every year. to addition, this company represents the Florida Highway Patrol, and Randle Eastern Ambulance Service. So you're talking about a major, significant towing service 1n the = City of Miami. And the problem that exists is that whenever this company - as a matter of fact, whenever one of the citizens of Miami, of Dade County, who is a member of Triple A, sends a request that their vehicle, which has been picked up and stored away in one of these City -contracted, City of Miami contracted towing areas, whenever this company goes there to pick up, on behalf of the owner of the vehicle, they're simply told, this -_ company is told that they cannot pick up the vehicle, and that's It, even though this company attempts to pay fully for the towing and storage charges. They offer to pay with cash, or with money order, any way that is recommended by the owner. And they're arbitrary and capricious. They refuse... - Mayor Suarez: Why? Is it because of a problem of being afraid of wrong identification, and the car will go to someone that is not the owner, or why? _ Mr. Mata: No. Simply, capriciously, of their own pure whim, they decide not this... to release it to this company. At the same time Mayor Suarez: OK. Mr. Manager, Mr. City Attorney, can you work to implement a rule that would let the City contractees know that they have to release the cars? Commissioner Plummer: They take a written authorization. Mr. Mata: They have written authorization, they have received a fax... Mayor Suarez: Well, let's see if our City attorney can put a little bit of form to something that would... Commissioner Plummer: They take a written authorization and they're going to pay for it. How can they refuse not to release it? Mayor Suarez: God knows why. A. Quinn Jones, III (City Attorney): Well, they've got to verify the... Mayor Suarez: But could you check that out and solve it? EK 309 May 13, 1993 «..141 Mr. ,cones: Can you imagine someone showing up with a written authorization and they don't know whether it's valid or what. Commissioner Plummer: Oh, come one. What do you want, a notarized statement? f Commissioner Alonso: Oh, because of the legalities, that's what it it* Mayor Suarez: Yeah, that's the answer to most... Commissioner Plummer: Now far do you go? Mr. Mat&: They refuse to allow this company into the premises to retrieve the vehicle. Commissioner Plummer: Now, the point he's making is, to me, a technical point, is the fact that they have to verify the authorization of the document presented. And my question is, how far do you go to verify, OK? I mean, do you want a birth certificate? If you take a notarized statement to them, then to me, in my business, that's all you need. Now, I... Commissioner Alonso: The other company will be legally responsible. Commissioner Plummer: Nobody charges my customers storage. I mean, that's... Mayor Suarez: I thought the whole thing was to charge them storage in perpetuity. Commissioner Plummer: If I did I'd be better off. Mayor Suarez: Can you solve it, Mr. City Attorney? Mr. Jones: What we - what we call - we'll look into it, and why don't you get with me and we'll look and see what we can do. Mayor Suarez: It's going to require sending a circular letter which will have to probably be signed by the City Manager and/or the City Attorney, and they're going to have to give it form. They're going to need something that's going to protect them, but at the same time that puts teeth into it, rather than just a phone call to them or something. Mr. Mata: There will be some kind of an instrument or an ordinance drafted by the City telling those people to release the vehicles once there 1s proper authorization and identification. Mayor Suarez: I'd hate to have to put it into an ordinance. Mr. Jones: Yeah, you're really getting into a fine line there in dealing, telling these people how to deal with their businesses, and you've got a liability factor there as well. EK 310 May 130 1993 Commissioner Plummer: Yeah, well, we also hold the clout that they are under a City contract. Mr. Jones: Wells yeah, I understand that. Commissioner Plummer: They're towing because we... Mayor Suarez: That's why I'd prefer to do it by some kind of a letter that tells them, you know, how to handle that, because they'll take that to mean that that is part of the normal contractual relationship with us, that they must handle 1t 1n a certain fashion. Mr. Jones: Yeah, we'll... Mr. Mata: I think this will make the City of Miami... Mr. Jones: I think we can - we'll get the - we'll work something out. Mr. Mata: It will make the City of Miami look better 1n the eyes of the citizens. Mayor Suarez: Absolutely, absolutely. Mr. Mata: It will lessen the charges, you know... Mayor Suarez: Yeah. Mr. Mata: ... of having two services competing with each other, and I appreciate the... Mayor Suarez: Part of it is the legality of it, but the other part, I bet you, is arrogance and we can get that resolved, I think. Mr. Mata: Thank you very much, Mr. Mayor. Mayor Suarez: Thank you, Fernando. r-r--r--r------------r---r-r--r-----r-------------------r--r-rr-r-----r-rr-rr- 52. AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION FOR $600,000 TO THE U.S. ECONOMIC DEVELOPMENT ADMINISTRATION CONCERNING CREATION OF A FILM INCUBATOR / PRODUCTION AND INFORMATION CENTER TO BE LOCATED AT 3930 N.E. 2 AVENUE -- ALLOCATE MATCHING FUNDS ($200,000) FROM 19TH YEAR CDBG FUNDS. Commissioner Dawkins: Mr. Mayor, I got to pocket items. It's 8:00 o'clock. I got two pocket items. EK 311 May 13, 1993 ,At Commissioner Plummer: 1 got two pocket items too. Commissioner Dawkins: OK. All right. My first pocket item is an 6DA grant application. There's $6009000 available from the Economic Development Administration to establish a film incubator production information center, and we want to put 1t at 3930 Northeast 2nd Avenue in the Design District. Mayor Suarez: The resolution 1s only for the application to the EDA? Commissioner Dawkins: Yes, sir. Mayor Suarez: I'll entertain a motion. Commissioner Plummer: Second. Mayor Suarez: Moved by Commissioner Dawkins and seconded by Commissioner Plummer. Call the roll. [AT THIS POINT, COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.] Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-322 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE AND SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $6009000 TO THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE PURPOSE OF CREATING A FILM INCUBATOR/PRODUCTION AND INFORMATION CENTER, TO BE LOCATED AT 3930 NORTHEAST SECOND AVENUE, MIAMI, FLORIDA; ALLOCATING $200,000 FROM THE CITY'S NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO PROVIDE MATCHING FUNDS FOR SAID GRANT. (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: EK 312 May 13, 1993 1 � f 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. .._-------ft�-------------- ------------------------------------- ---------------- 53. ACCEPT BID: AMERICAN ALUMINUM ACCESS, INC. -- FOR FURNISHING 28 K-9 CAGES TO BE INSTALLED IN POLICE PATROL CARS FOR DEPARTMENT OF GSA AND SOLID WASTE / FLEET MANAGEMENT DIVISION -- ALLOCATE FUNDS ($42,728). Commissioner Plummer: What's the other one? Commissioner Dawkins: Well, the other one is K-9 dog cages. Commissioner Plummer: Oh, my God. Commissioner Dawkins: A resolution... Commissioner Alonso: Oh, God. He was serious. [AT THIS POINT COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY-] Commissioner Dawkins: I so move. Mayor Suarez: So moved. - Commissioner Plummer: How have we ever done without them before? i Mr. Cesar Odio (City Manager): These are for the talking dogs. Commissioner Plummer: For the talking dogs. =i -j Lieutenant Joseph Longueira: They don't talk. Don't bring that -1 up • Commissioner Plummer: I wish you all were spending your money. -t i Mayor Suarez: Seconded by Commissioner Plummer. - Commissioner Plummer: How long have we had K-9? And we've done without cages all of these years, and suddenly, we got to have... Lt. Longueira: No, we didn't. We've always had cages. We've _1 always had cages. -� EK 313 May 13, 1993 t s Commissioner Plummer: What? Mr. Ron Williams (Assistant City Manager): It's a separate fabrication for the dog. We've always had cages. Commissioner Alonso: And we don't have a local company? Commissioner Dawkins: The cage keeps the dog from biting the police. Lt. Longueira: Commissioner, a local company bid, but they weren't close enough. It's right in the document there, if you look at the last page. Mayor Suarez: OK. Commissioner Dawkins: Call the roll. Lt. Longueira: Or next to the last page. Commissioner Dawkins: Call the roll before J. L... Mayor Suarez: And we've got a few regular items, folks. I mean, the idea of waiting till eight is one thing, but the other thing is we've got regular Items of people that are scheduled here. We have a motion. Is it seconded? Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor. Mayor Suarez: Well, I said Commissioner Plummer, but he hadn't really seconded it. Commissioner Dawkins: You didn't second it? All right, it died for the lack of a second. Move the agenda. Mayor Suarez: All right. Item 40. Commissioner Plummer: Well, what about mine? I thought we were going to take up pocket items at 8:00 o'clock. Commissioner Dawkins: Yeah, well now, Commissioner De Yurre seconded it. Mayor Suarez: OK, Commissioner De Yurre seconds. Call the roll then on the item. EK 314 May 13, 1993 W The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-323 A RESOLUTION ACCEPTING THE BID OF AMERICAN ALUMINUM ACCESS, INC. FOR THE FURNISHING OF TWENTY-EIGHT (28) K-9 CAGES TO BE INSTALLED IN POLICE PATROL CARS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/FLEET MANAGEMENT DIVISION AT A TOTAL PROPOSED AMOUNT OF $42,728.00; ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1992-93 OPERATING BUDGET ACCOUNT CODE NO. 420901-840 PROJECT NO. 509000; 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 De Yurre, the resolution was passed and adopted by the following vote: 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. 54. DISCUSS REQUEST RECEIVED BY MR. M.L. EASLEY AND MR. HENRY CRESPO FOR PROPOSED CODESIGNATION OF N.W. 55 STREET BETWEEN — 17 AND 18 AVENUES AS: P.W. WILLIAMS STREET -- REFER TO MIAMI STREET CODESIGNATION REVIEW COOMMITTEE FOR THEIR REVIEW AND RECOMMENDATION. Mayor Suarez: Item 40. Commissioner Dawkins: Who is that for? Mayor Suarez: We'll get to the items real quick. Item 40. I just feel bad about the people who have been waiting. Commissioner Dawkins: I move it. Oh, he isn't - is he here? EK 315 May 13, 1993 Sly Mayor Suairal: is Reverend Easley here, or anyone on behalf of item 407 Commissioner Dawkins** No. Unidentified Speaker: It's got to go to the Memorial... Commissioner Plummer: Do you want to refer it to the Memorial Committee? Commissioner Plummer: Send it to the memorial. Commissioner Dawkins: Yes, I do. So moved, so moved. Mayor Suarez: With a favorable recommendation. Seconded by Commissioner Plummer. Call the roil. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 93-324 A MOTION GRANTING REQUEST BY MESSRS. M.L. EASLEY AND HENRY CRESPO FOR PROPOSED CODESIGNATION OF N.W. 55 STREET BETWEEN 17 AND 18 AVENUES AS "P.W. WILLIAMS STREET"; FURTHER REQUESTING THE ADMINISTRATION TO FORWARD SAME TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR ITS REVIEW AND RECOMMENDATION. 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 Mayor Xavier L. Suarez NOES: None. ABSENT: None. EK 316 May 13, 1993 ,t T. -li---i--w------- 55. DISCUSS ISSUE OF UNLICENSED / ILLICIT CAR WASHES OPERATING THROUGHOUT THE CITY. --------------------------i-i------ m--fir---------------------------r [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGL.ISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIG*5 WERE MADE BY MAYOR XAVIER L. SU1%REZ.3 Mayor Suarez: Item 41. Commissioner Alonso: She's been waiting for hours. Vice Mayor De Yurre: I don't know if there's anybody here from Miss Alvarez - oh, here they are. OK. Commissioner Alonso: That's a nightmare and spreading. Commissioner Plummer: Is any difference in the street wash? Vice Mayor De Yurre: If I can just get a quick briefing here of what the issue is. There seems to be a lot of illicit... Commissioner Alonso: All over the City. Vice Mayor De Yurre: ... illegal activities of car washing in this community, and certainly from an environmental standpoint, if not from a licensing and everything else, we have a great concern about this, and we need to put some teeth into some laws that will control the situation, but go right ahead. Mr. Fernandez Alvarez: COMO YO NO HABLO BUEN INGLES... Vice Mayor De Yurre: OK. Mr. Alvarez: ...VOY HABLAR EN ESPANOL. Commissioner Dawkins: It's OK, go right ahead. Mr. Alvarez: All right. HONORABLE SENOR ALCALDE Y COMISIONADOS. Vice Mayor De Yurre: Cesar... Mr. Alvarez: LES AGRADEZCO LA OPORTUNIDAD QUE ME DAN DE EXPONER MI CASO. Vice Mayor De Yurre: ESPERATE, DESPACIO. Mr. Odio: SENOR, SENOR. EK 317 May 13, 1993 Mayor Suarez: That's OK, that's OK. I'll do it, I'll do it. It will make it a little quicker. "Mr. Mayor and Commissioners, I ciate the opportunity of addressing you." Go ahead. Mr. Alvarez: QUE ES IGUAL QUE EL DE OTROS MUCKS DUENOS DE car wash. MI NOMDRE ES FERNANDO ALVAREZ. SOY OUENO DE LA PROPIEDA9, Y EL NEGOCIO DE car wash SITUADO EN EL 2000 SOUTHWEST OCHO STREET EN MIAMI. LLEVAMOS MAS DE CINCO ANOS, DANDO NUESTRAS QUEJAS, ENVIANDO CARTAS Y FOTOS A LOS DEPARTAMENTOS DE pollution, zoning, POLICIA, AGUA SOME LA PROLIFERACION DE TODOS PARA LAVAR CARROS SIN NINGUNA REGLAMENTACION, CONVIRTIENDOSE ESTO EN UNA COMPETENCIA DESLEAL. Y AUNQUE APARENTABAN OIRNOS, NO HAN RESUELTO NADA HASTA EL MOMENTO ACTUAL. Y TODO HA IDO A MAS, Y LOS QUE PAGAMOS IMPUESTOS, CUMPLIMOS CON LA LEY Y CUIDAMOS LA IMAGEN DE MIAMI QUIEBRAN, COMO HA SUCEDIDO CON MUCHOS, QUE PARA ELLOS, ESTA CITA LLEGO TARDE Y LOS QUE QUEDAMOS, YA NO POOEMOS MAS. Y SI VAMOS A PERDER NUESTROS NEGOCIOS, QUEREMOS EXPLICARLE A LA COMISION PORQUE LOS PERDEMOS. TRANSLATION: My plight is very similar to that of many other owners of car washes. My name is Fernando Alvarez. I'm the owner of the business located at 2000 S.W. 8th Street, in Miami. I've been there for five years, sending letters and photographs complaining to the various departments, including those related to air pollution or any kind of pollution, and police, et cetera about the proliferation of awnings and other facilities to wash cars without any license, which has then become unduly competitive and an unfair trade practice. None of the letters and complaints have gotten us anywhere until the present moment. Even worse, those of us who pay taxes and fulfill all of the legal obligations and otherwise care for Miami's image often go bankrupt and therefore, this particular hearing is a bit too late for them. Those of us who are left cannot deal with this anymore. And if we're about to lose our business, we're going to tell the Commission why we're losing our business. Mayor Suarez: Mr. Vice Mayor, sir, this is your request. This presentation is complex as he is making it. It's very flowery and it requires a translation. We had your initial presentation. He has stated in the last three minutes nothing to add to the basic presentation, except that he's a very nice man who obviously has a good business and is obviously concerned about this undue competition. What can we do that is reasonable to prevent illegal activities? Vice Mayor De Yurre: Well, I'il tell you what is reasonable. We need to create - I don't know if we have any ordinance in place to control this situation. Wherever you go, wherever there's a parking lot, you see people washing cars. Wherever there is a service station, you see even the corner providing... Commissioner Plummer: What about all the charitables? Commissioner Alonso: Or vacant lots. Commissioner Plummer: What about the high schools? Commissioner Alonso: Or even vacant tots. Vice Mayor De Yurre: All over the place. EK 318 May 13, 1993 Ctslrmiusioner Planner: Or the high schools that have car washes every week. Mayor Suarez: And what do we do with the ones that are done at gas stations by high school kids to raise money for a team or something? Are those technically illegal? Commissioner Alonso: Oh, he has a point. Commissioner Plummer: You can't control any of it. You can't control what you've got now. You know, let me ask a stupid question. How does this differ from the carts that are selling food in front of restaurants that have to go through all the process? Now, as you know, I'm opposed to that. I think a person that has a cart should have to have the same payments and _ responsibilities that that restaurant does. If the restaurant - we forced him to put in restrooms, pay sales tax and all of that. - Mayor Suarez: Commissioner, it's 8:14. It's very similar to that, and that's - what we're trying to figure out how to tackle. Vice Mayor De Yurre: But it goes beyond that, J. L. because you've got the environmental problem of all the stuff that goes into the ground. Mr. Cesar Odio: You got water. Mayor Suarez: In this case, on top of all the other... Commissioner Plummer: If you can't enforce that, how are you going to enforce this? Commissioner Alonso: This is the kind of business that has lots of controls. If you want to open this kind of business, you have to go through practically a nightmare. It's very difficult. The State regulations are very strict. Mayor Suarez: State and local DERM (Department of Environmental Resources Management), probably. Commissioner Plummer: Yeah. Commissioner Alonso: So maybe it has a different side to it. Commissioner Plummer: Well, the problem is as I said to the Commissioner, what do you do about, for example, these high schools that have car washes on the weekend to raise money for their bands? I mean, what do you do there? What? Mr. Odio: You don't do anything about them. Vice Mayor De Yurre: They have to get a permit. Commissioner Plummer: But, I mean, when you make a law, you've got to apply the taw across the board. Mayor Suarez: Well, but as a code enforcement matter, we would probably go after the ones that are a regular presence in the neighborhoods that are EK 319 May 139 1993 ar` n 0 polluting substantially. The ones that happen every once in a while, and probably don't Ivan use very strong detergent, probably don't Create the same kind of problem. Commissioner Plummer: Code enforcement just puts on a lien, that's all they do. Mayor Suarez: What can we do? Commissioner Plummer: $60,000,000 in liens. Mr. Juan Gonzalez: OK. To answer your question, Mr. Mayor - for the record, Juan Gonzalez, Planning, Building and Zoning. I believe the person before you 1s not really complaining of the special event where high schools car wash one day in a car garage. Commissioner Alonso: No, he's not. Mayor Suarez: We assumed that. Very good. Mr. Gonzalez: I'm assuming, and I'm pretty sure that's it. Mayor Suarez: Now, to the ones that he is complaining about. The ones he's complaining about 1s basically what you're seeing popping all over town, which is the canvas car wash. Mayor Suarez: Right. You're not going to describe the problem to us. We know the problem. You're going to describe a solution to us, aren't you? Mr. Gonzalez: OK. The solution is already on the books. There's no solution to be had. Basically... Mayor Suarez: OK. You don't think any law has to be passed to add teeth to it. You think that it's a matter of enforcement. How can we help you with 1t? Mr. Gonzalez: Yes, sir. We have all the laws on the books we need. In fact, we have the basic tools there. It's a matter of enforcement. In fact, the - recently, the deputy director of planning, Building and Zoning passed a procedures manual for what to inspect on car washes, and what criteria to look for. It's more of an enforcement problem than it is for new laws to be added to the books. Mr. Odio: Of DERM, and they're tough. Mayor Suarez: Do they have police officers who have authority - does DERM have authority to put an arrest on someone? Commissioner Alonso: We should involve DERM. It's the only way to stop this. Mr. Gonzalez: No, only when it bases to occupational license. In other words, we consider it a business. They have to have certificates of use and occupational license. If they do not have either one of the two, yes, it is an arrestible offense. EK 320 May 13, 1993 u Mayor Suarez: Yeah, but when we cite someone, we basically go and - like he's probably going to tell us what? Some of these people are kind of moveable, you know. I mean, they're in one place one day, so you give them a citation, and the next time, they're somewhere else. Commissioner Alonso: But some of them are at gas stations and they are not legal car washes. Mayor Suarez: They're not legal? Mr. Gonzalez: The law does allow accessory... Commissioner Alonso: They are not. They are just there. Mr. Gonzalez: Right. The law does allow, Madam Commissioner, the law does allow certain incidental car washes to gas stations. However, it is not the Intent to allow these canvas car washes. What they're talking about is when you fill your tank, it's one of those car washes that's incidental to the station - part of the station - and you drive through and you get your car washed. Mayor Suarez: All right. What about the idea of using DERM, as an additional enforcement mechanism? Mr. Odio: Let me tell you what I'd like to do, Mr. Mayor. Commissioner Alonso: They are really serious with this. Mr. Odio: If we keep putting liens on their property or fining their property for violating the ordinance, then we at that point decide, well, fine, we won't give you an occupational license the next time you come and get one. You have violated the law all the time, we fine you, you know, we won't give you another occupational license until you clean this up. Can we do that? OK? You know what I mean? Mayor Suarez: Yeah. Mr. Odio: They cannot operate without the occupational license. So if the liens are not doing any good and the fines are not doing any good, when it comes time to renew it and we have that on the record, sorry, you cannot get a license. Commissioner Alonso: Some of them don't even care about the license, to tell you the truth. Commissioner Plummer: They don't even know what it is. Commissioner Alonso: Exactly. Mayor Suarez: It sounds like what you need to do, in addition to having brought the problem to our attention, 1s work with the existing law, be very well connected to Mr. Gonzalez, and to all of the other code enforcement people in the various neighborhoods and make sure that we know, and the EK 321 May 13, 1993 S } A r mnagellent knows, and Mr. gOnzalez knows, and code enforcement knows the spetiflc constant violators, and at some point, we May be able to take away their license all together, if they have a gas station as an ancillary use. Mr. Carlos Cologne: He mentioned before that he has reported this to prior times, and nobody ever done anything about it. Mayor Suarez: Well, this time, we're going to do a lot about it. Mr. Colognes I just want to mention ... Mayor Suarez: This 1s not the kind of thing that... Commissioner Alonso: Wells the department has been placing liens. Mr. Cologne: I just want to mention something concerning here envirormentally, are you people aware of the sludge that is built in a car wash? What they have picked up by them itself, and these people - all the sludge is going into the ground, it's going into our sewer. This is just to be worried that they have received - because they have to pay for it to be picked up and everything, and... Commissioner Alonso: That's why DERM should be involved. Mr. Colognes ... it's amazing the amount of sludge that is coming on cars. Mr. Carlos Smith: Mr. Mayor, I just want to make a point that when we received the complaint that we received from Vice Mayor De Yurre's office, we have started a sweep through the areas, and in the Little Havana area we have cited eight illicit car washes. In the Flagami_ area I believe there's one. Mayor Suarez: Do you that list handy... Commissioner Alonso: He has pictures, I think. Mayor Suarez: ... that we can give him to make sure he's got every single one of the ones that he would... Vice Mayor De Yurre: But, you know, don't just do 1t in Little Havana, you - know. The environmental issue is a... Commissioner Alonso: Do it everywhere. Mr. Carlos: No, no, we've done 1t at Little Havana... Commissioner Plummer: Yeah, but these people here are about the only people that I know of that run... Commissioner Alonso: Yes. Commissioner Plummer: ... a very legitimate car wash. Commissioner Alonso: Yes, and they've been there for years. EK 322 May 13, 1993 a �S r`in:rr..,b`at - - 'Tf .� s3+ j 'i�w�fi'�r ;• ,Mt Comissinner Plumers On Oth Street. Unidentified Speaker: This is not only for the Little Havana, is it? Commissioner Piunrmer: Where are you? (INAUDIBLE BACKGROUND STATEMENT NOT ENTERED INTO THE PUBLIC RECORD.) Vice Mayor De Yurre: No. we're talking about the City. Commissioner Plummer: You're not even in the City, sir. Commissioner Alonso: He's not City. Mayor Suarez: Do you have a special rate for City of Miami Commissioners? No. just kidding. Unidentified Speaker: I wanted to see how the City handled it so I could go to... Mayor Suarez: Ahh, the old, "Let's see how the City does it so we can go to the County." Unidentified Speaker: And I have 1n Hialeah, too. Mayor Suarez: Hialeah is here too? Unidentified Speaker: Yes, everybody is here. Mayor Suarez: Oh, that's real cute. Unidentified Speaker: We have a car wash in Kendall. Mayor Suarez: Kendall? Unidentified Speaker: Kendall. It's 25 years old. Mayor Suarez: Geez, we're solving the problems of the County. Commissioner Alonso: Maybe Dade County should really address this issue as well. Mayor Suarez: OK. We know. All right. We've got the Little Havana situation under control, and Kendall, sir, you can send us your problem and we'll forward it to your favorite County - do you know who your County Commissioner is representing your area? Unidentified Speaker: No. Mayor Suarez: That's the first thing you have to find out. Unidentified Speaker: Yeah, but, sir, I'm sorry, sir. Everybody - I don't know my English... Mayor Suarez: What part of the County are you? EK 323 May 131 1993 f Mrs. Alvarez: Yeah. Let me see, it's not... Mayor Suarers What's your name? Ms. Alvarez: My name is Mrs. Alvarez. Mayor Suarez: You hang around with him? i Ms. Alvarez: I call everybody, you, and thank you, sir, thank you citizens of Miami. ESTO NO PUEDE SEGUIR, SENOR. ESTO NO PUEDE SEGUIR. ELLOS NO TIENEN RECICLAJE DE AGUA. TRANSLATION: This cannot continue. Mayor Suarez: I hope you don't make a testimony. Ms. Alvarez: ELLOS NO TIENEN SEGURO, NO TIENEN SOCIAL SECURITY. ESTAN POLUCIONANDO SU SUELO. POR FAVOR, AYUDENOS. ESTO NO PUEDE SEGUIR EN LA CIUDAD DE MIAMI. TRANSLATION: They don'.t have Social Security, they don't have insurance. Please help us, this cannot continue. Mayor Suarez: OK, we've got that, ma'am. Ms. Alvarez: It has too many people. Commissioner Alonso: Now, can we have something in effect that the time we go into this property, since this is a very serious problem, all through the environment, that they have to remove their operation. Mr. Odio: Clean it up. Commissioner Alonso: It's closed at that time, immediately. Mr. Odio: The more I think about it - and he just convinced me. We are going to call DERM tomorrow. Commissioner Alonso: And they will do it. Mr. Odio: And DERM will put the people away. Commissioner Alonso: They are very good at this. Ms. Alvarez: And who gives this licensing? Commissioner Plummer: Most of them aren't operating with a license. They're not operating with one. Commissioner Alonso: They should have licenses, and they don't have. Vice Mayor De Yurre: Guys, why- don't we have a Nuisance Abatement Board? Mr. Odio: Yes, we do. EK 324 May 139 1993 Vice Mayor Be Yurre: Can*t we do... Mr. Odiot But that doesn't... Vice Mayor De Yurre: What? Mr. Odio: That's not part of the nuisance - Commissioner Plummer: They have no license. Vice Mayor De Yurre: Why not? Mr. Odiot No, it will not cover that. It's code enforcement. Commissioner Alonso: They don't have licenses. Mayor Suarez: It's code enforcement. Mr. Odio: But I think, the more I think about 1t Commissioner, I think... Vice Mayor De Yurre: Well, but code enforcement, if you violate the code repeatedly with the same violation, you become a nuisance, don't you? Mayor Suarez: We could take away your license. Mr.-Odio: That's why - what I'm saying on that, if you keep repeating... Vice Mayor De Yurre: Yes. Mr. Odio: ... the offenses... Vice Mayor De Yurre: Yeah. Mr. Odio: ... we will not issue another occupational license. Vice Mayor De Yurre: But they do it "a la izquierda." What are you talking about, occupational license? Commissioner Dawkins: They do it without license. Mr. Odio: Then we can arrest them for not having - the occupational license changes. Mayor Suarez: I'll tell you, DERM is very effective if it's a gas station that has this ancillary use illegally, because they will... Mr. Odio: If you don't have an occupational license - I'm sorry, Mr. Mayor. If you don't have a license to operate, we can - the police can go 1n there and you are shut down, closed down. Mayor Suarez: I think DERM is inspecting them on a monthly basis, I believe. Commissioner Alonso: They cannot possibly have a license. There are so many requirements. They are not licensed. EK 325 May 13, 1993 Commissioner Plug: The problem is, most of them are operating under the auspices of a filling station. Commissioner Alonso: Yeah. Commissioner Plummer: They have an occupational license. Mayor Suarez: So you now have two agencies that are going to help you. We are going to help you, of course, with our code enforcement, and then there's the County BERM. And we've got to make sure, make sure that these people, Mr. Gonzalez, help you to know exactly who to call on BERM with a complaint, because BERM will shut down any kind of a gas station that has this as an ancillary use. Commissioner Alonso: Yes. Mayor Suarez: A parking lot, BERM will shut them down too. It's a little more difficult, because you can see what happens. Somebody can just come put one of these things on and start doing it, and you remove them, and then they come again. But they maybe can go after the owner. Commissioner Alonso: They do. Commissioner Plummer: Mr. Mayor, I've got two pocket items. Mayor Suarez: All right. Vice Mayor De Yurre: "Vamos a estar trabajando en eso, OK?" Mr. Alvarez: Thank you. Vice Mayor De Yurre: "Hasty luego." Mayor Suarez: We're giving you two avenues for one that you requested. 56. GRANT REQUEST FROM LATIN CHAMBER OF COMMERCE (CAMACOL) FOR: (a) DESIGNATION OF THE DAY OF TONY CUESTA'S DEATH AS: CUBAN EXILE DAY; AND (b) DESIGNATION OF SPACE ON CUBAN BOULEVARD BETWEEN S.W. 10 AND 13 AVENUES FOR ERECTION OF A DOUBLE OBELISK IN HONOR OF ANTONIO MACEO AND TONY CUESTA. Mayor Suarez: Can we just go through these real Commissioner Plummer, if you don't mind? Commissioner Plummer: Move item 42. Mayor Suarez: OK, so moved. Second. Commissioner Dawkins: It's Victor's. quickly, please? EK 326 May 13, 1993 N Commissioner Plummer: Oh, I'm sorry, it's victor request. Commissioner Dawkins: You can second it, no problem. Commissioner Plummer: I second the motion. Mayor Suarez: Call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-325 A RESOLUTION DESIGNATING (A) THE DATE OF THE DEATH OF TONY CUESTA AS "CUBAN EXILE DAY" AND (B) A SPACE ON CUBAN BOULVARD BETWEEN SOUTHWEST 10TH AND 13TH AVENUE FOR THE ERECTION OF A DOUBLE OBELISK IN HONOR OF ANTONIO MACEO AND TONY CUESTA. (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: Item 43, are they here? Vice Mayor De Yurre: Pulled, that's been pulled. Mayor Suarez: Pulled. ------------------------------------------------- NOTE FOR THE RECORD: At this point, agenda item 43 was withdrawn by applicant. ----------- ------------------------- ------------- EK 327 May 13, 1993 d y� 57. REFER TO CITY MANAGER REQUEST BY U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) FOR REESTABLISHMENT OF AN FAA AIR NAVIGATION FACILITY (VORTAC) ON VIRGINIA KEY INSTRUCT MANAGER TO NEGOTIATE TERMS AND COME BACK TO COMMISSION WITH RECOMMENDATION. --------- ------ ft----- "-------------------------r---------- -----------..ar.-----m— Mayor Suarez: Item 44. Mr. Jack Luft: Commissioner, this is a bit of an emergency item. Commissioner Plummer: How much are they going to pay us? Mr. Luft: This is an informational item so that we can come back to you in June with some sort of agreement to allow this project to proceed. After Hurricane Andrew, the VORTAC Radar Station which was prior - previously off of the end of Key Biscayne, out to Stiltsville, was destroyed. Since that time they've been without radar control for 15 flight paths coming into Miami International Airport. We need... Commissioner Plummer: That's an environmental area. Mr. Luft: No, it is not. They are looking for a location that they can put the radar facility. This is not a manned facility, and they need about two acres of land. Mayor Suarez: Is there an issue of height, Jack? -� Mr. Luft: There is not. There is an issue of height within a thousand feet - of this facility, so we tried to find a location that would not impact any potential plans or projects of the City, or any of our other lands. Two thirds of this area is in the wildlife preserve, in terms of the thousand foot radius, so there's nothing to impact it there. The other third is a portion of the marine stadium water area. Commissioner Plummer: How much are they going to pay us? Mr. Luft: Well, I told them that you would probably ask that. Commissioner Plummer: You bet your bippy. i Mr. Steve Duckett: My name is Steve Duckett. I'm a facility planner with the Federal Aviation Southern Regional Office located in Atlanta, Georgia. Commissioner Plummer: How much? Mr. Duckett: How much? We are willing - I'm not a real estate... 1 3 Mr. Luft: You're able to... Commissioner Plummer: How much? EK 328 May 13, 1993 . f 1 a� �i Mr. Duckett: fair Market value IS the MAXIMO we could offer. Commissioner Plummer: No, no, no. We're not going to sell them the land. Mr. Luft: No, no, it's a lease. Commissioner Plummer: A lease. Mr. Duckett% We're looking to lease, a 20•year lease with the City of Miami. The lease would include a thousand foot radius clear zone, meaning nothing could be built within that thousand foot radius that would exceed the height of our structure, and we would be willing to negotiate. Commissioner Plummer: Send him to the Manager for negotiation, I so move. _ Commissioner Alonso: Second. Commissioner Dawkins: OK, I second, under discussion. Is this a lease with the federal government or with Dade County? Mr. Luft: No, it's the Federal Aviation Administration. Commissioner Plummer: Federal government. Mr. Luft: Federal, yes, the federal government. Commissioner Plummer: Can I ask a question, Jack? Mr. Luft: Yes, sir. Commissioner Plummer: What I'm looking at there, is the middle of that — circle. Mr. Luft: Yes. - Commissioner Plummer: Does a thousand feet go beyond south of the sewage road? Mr. Luft: No, sir. Mr. Duckett: The blue, the outer blue ring... _ Mr. Luft: That blue circle is a thousand feet. Commissioner Plummer: Oh, the blue circle is a thousand feet? Mr. Luft: That's right. Commissioner Plummer: OK. All right. Mr. Luft: Nothing but mangroves and water. - ru Mayor Suarez: OK. EK 329 May 13, 1993 WMA • COMI ssi bner Pl Ummer: Well, the problem we also - well, of course, I don't know whether we have a problem or not Commissioner Dawkins: OK. Send it to the Manager. I second the motion to send it to the manager. Commissioner Plummer: You got it. Mayor Suarez: OK. With a sort of implication that we're looking... Commissioner Plummer: Mr. Manager, get plenty of money. They got plenty of money in the federal government. Mayor Suarez: ... to obtain fair market value for the rental, since the FAA (Federal Aviation Administration) has got all that - airplane field tax I think is one of the things it funds, you know. Mr. Duckett: Emplanement tax, field tax. Mayor Suarez: Emplanement tax. You got so many taxes. Commissioner Plummer: Get plenty of money. Mr. Duckett: Landing tax. Mayor Suarez: Landing tax. Mr. Luft: And I'd like to bring an item up later to get us some of that money, too, with your permission. Commissioner Plummer: Not today. Mr. tuft: Please, I have to, because I lose the grant by the 23rd. Commissioner Plummer: I've got two pocket items. Mayor Suarez: All right. On that item... Commissioner Alonso: What? What? What? Mr. Luft: It's very - it's just to accept the grant, to accept an FAA grant. Commissioner Alonso: Yes. Mayor Suarez: OK. Jack, don't argue with him. On that item before us, he's going to be nasty until we get his two items done, and then he'll be nice. All right. Vice Mayor De Yurre: I only have one. Mr. Cesar Odio (City Manager): Forty-five is easy. Denial. Commissioner Plummer: What? EK 330 May 139 1993 Mayor Suarez: On the item before us, please call the roll. I think we have a motion and a second. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-326 A MOTION REFERRING TO THE CITY MANAGER A PROPOSAL RECEIVED FROM THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) FOR THE REESTABLISHMENT OF AN FAA AIR NAVIGATION FACILITY ON VIRGINIA KEY (VORTAC); FURTHER INSTRUCTING THE MANAGER TO NEGOTIATE TERMS WITH THE FAA CONCERNING SAID PROPOSAL AND TO COME BACK BEFORE THE COMMISSION WITH A RECOMMENDATION. Upon being seconded by Commissioner Dawkins, 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 Mayor Xavier L. Suarez NOES: None. ABSENT: None. 58. DISCUSSION CONCERNING FUNDING REQUEST BY HOME FOR THE HOLIDAYS IN SUPPORT OF THEIR NETWORK TELEVISION PRODUCTION AND MULTI -CITY FUND- RAISERS TO BENEFIT HOMELESS, HUNGRY AND FOR HURRICANE RELIEF -- REFER TO CITY MANAGER FOR NEGOTIATION. Mayor Suarez: Item 45. Mr. Cesar Od10 (City Manager): They want $50,000. We told them no. Commissioner Plummer: Send them to the Manager. Mr. Odio: No, I already told him no. Commissioner Plummer: Send him back to the Manager. Mayor Suarez: You're such a nice lady but I... Ms. Patty Robinson: Did we pass your pocket items to get you in a good mood? Commissioner Alonso: I think so. EK 331 May 13, 1993 M Mr. Odio: it's now way now. Mayor Suarez: it's not going to get him into a $50,000 good mood, I'll tell you that. Commissioner Plummer: I want to tell you. Mayor Suarez: There is absolutely nothing to be done with this except= aggravate the Commission. So... - Ms. Robinson: Well, we've got a report card that is phenomenal. Mr. Odio: I have an idea. You know where you can go? Ms. Robinson: And we desperately need... '_- Mayor Suarez: And now, you know... Mr. Odio: No, wait. !et me tell you where you can go, seriously. This is a homeless - raising money for the homeless. Go to the - there's a Governor's — Homeless Commission, and they might be glad to fund you, to get money back. Vice Mayor De Yurre: Isn't this a downtown event? Ms. Robinson: This is one of the events all over Dade County... Vice Mayor De Yurre: Downtown, go to the DDA (Downtown Development Authority). Commissioner Plummer: No, no, no, no, no, no, no, no, no, no. ITS (International Trade Board) has money for this. Commissioner Dawkins: OK. Then refer it to the Manager and the Manager will tell her what we have, which 1s nothing. Commissioner Plummer: That's right, refer 1t to the Manager. Commissioner Dawkins: And that will be the end of that. Mayor Suarez: Please make your presentation to the Manager... Commissioner Plummer: Yeah, I second the motion. Mayor Suarez: ... tomorrow at 7:30, Grand Bay Hotel, breakfast. Ms. Robinson: Yes, that sounds good. Commissioner Dawkins: All right. Ms. Robinson: Except Suki is not there anymore. No, I just want to say one thing. Commissioner Dawkins: OK. EK 332 May 13, 1993 Ms. Robinson: You all have regeived a copy of the report card of what we've accomplished. NBC (National Broadcasting Company) hat given us the commitment. they're coming 1n June to start work on this. We've got the White House working on this with us, the Governor. There has been to much that's been done, and we are woefully understaffed and underfunded, and we really - it's time for you all to6.. Commissioner Alonso: She sounds like us. Mayor Suarez: You sound like us. Ms. Robinson: Well, I knew you could relate to that. So, I mean, funding assistance really is imperative. Mayor Suarez: "Ho hay dinero," as they say. Ms. Robinson: And you know that when we were here 1n December, we knew we were going to be at this point. Mayor Suarez: You sound like such a nice person. Commissioner Alonso: She is. Mayor Suarez: You have a beautiful program. Commissioner Alonso: She brought us presents and everything. Remember? Mayor Suarez: We just don't have any money. Ms. Robinson: If we raise $1,000,000, and we get matching federal funds for brick and mortar, and Commissioner Alonso said creative funding, we need solutions. And Commissioner De Yurre... Mayor Suarez: She meant to say creative funding, but not from this Commission; outside of these chambers. Commissioner Plummer: I got two pocket items, Mr. Mayor. Mayor Suarez: Item - thank you. EK --------------------------------------------•---- NOTE FOR THE RECORD: At this point, agenda item 46 was continued o a fufuFe meeting. 333 May 13, 1993 69. GRANT REQUEST BY MIAMI / BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC. FOR PERMISSION TO SELL ALCOHOLIC BEVERAGES AT THE GOOMBAY FESTIVAL. ..ariilriYrii.Giili.-f.Y'.r.l►irrilirr--Wrr-a---- i------�i_--------r--------------�f1iiWiY--i---- Mayor Suarez: Item 48. Commissioner Alonso: And 480 let's move. Commissioner Plummer: What? Mayor Suarez: Forty-eight, anything on 48? Commissioner Alonso: Yeah, I think it was - yes, it has your recommendation. Move it, Mr. Cesar Odio (City Manager): They need... Commissioner Dawkins: Yeah. Oh, I'm sorry. They asked me, they asked me... Mayor Suarez: Pass it over? Mr. Odio: Yes. Commissioner Dawkins: ... if I would pass this... Commissioner Alonso: Yes. Commissioner Dawkins: ... and - because they had to leave, they couldn't stay. So I would move 1f somebody seconds. Vice Mayor De Yurre: Second. Mayor Suarez: All right. Jack, you want to address this. i know you are concerned about some of their failure to provide accountability, et cetera. Mr. Jack King: Yes, sir, Mr. Mayor. My name is Jack King. I live at 3696 North Bay Homes Drive. Two years ago, the City Commission and the Mayor asked for an accounting from Goombay for past Goombay festivals. I came back again last year. You asked again. You told them never to come back again without the paperwork, and over the last year, we have gotten paperwork for 1988, 189 and 190, but still nothing for 191 and 192. incidentally, they - for 1990, they showed a profit, a net profit of $35,000, but yet, they came back to the Commission and asked for a waiver of all fees. And I stilt - I mean, this is the only... Mayor Suarez: I have to say that unless the complete accounting - don't they have to provide one to the City also? Mr. King: They were supposed to,'and haven't. EK 334 May 13, 1993 Mayor Suarez: Unless they have one for 191 and 1929 I'm - the only way I would vote for this, Commissioner, would be to do 1t on a conditional basis. Commissioner Plummer: Subject to? Mayor Suarez: Subject to. Commissioner Plummer: Yeah, that's all right. Commissioner Dawkins: OK. That's all right. Mr. King: This is the only group that puts on a festival in Coconut Grove that does not supply, at request, a complete financial accounting. Mayor Suarez: OK. We're making this subject to that, Jack. And work with the Administration, and make sure that that proviso is satisfied, and don't hesitate to call us, if you have to. Mr. King: Well... Commissioner Dawkins: What's the date of this, Jack? Mr. King: It is the second week - I think it's June 4th, something like that. Mayor Suarez: It's coming up. Commissioner Dawkins: So... Mr. King: It's coming up, yes. Commissioner Dawkins: But we still have - we still have the 27th for you to report back whether you have 1t or not, before we OK it. Mayor Suarez: All right. Mr. King: That's true. Incidentally, 1n the last two years that they gave me, 189 and 1909 they gave to the staff and they put that they had copied me, and never did. I got it from the City of Miami rather than from them. Mr. Odio: We have sent quite a few letters to them, and they have not replied. Mayor Suarez: Well, this time it's subject to. Commissioner Dawkins: That's right. Mayor Suarez: No money otherwise, no permission. Commissioner Dawkins: No, they're not asking for any money. Commissioner Plummer: No, they're not asking for money. Mayor Suarez: No, I'm sorry; no permission. EK 335 May 13, 1993 Commissioner Dawkins: No Permmission. They don't want any money. Commissioner Alonso: They're not asking for money, they ,are asking for the... Mayor Suarez: No permission. Commissioner Plummer: Fish or tut bait. Mayor Suarez: Ail right. So moved with that proviso and seconded, I believe. Commissioner Alonso: Second, yes. Mayor Suarez: Call the roil. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-327 A RESOLUTION RELATED TO THE MIAMI/BAHAMAS GOOMBAY FESTIVAL, TO BE CONDUCTED JUNE 5-6, 1993 BY THE MIAMI/BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC.- AUTHORIZING A TWO DAY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN THE AUTHORIZED AREA DURING THE EVENT, SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER CONDITIONED UPON THE ORGANIZERS PROVIDING THE CITY WITH OFFICIAL ACCOUNTING REPORTS OF PREVIOUS SAID FESTIVALS AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor 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. Mr. Frank Castaneda: Commissioners, let me tell you. What they are requesting is permission to sell alcoholic beverages. Commissioner Alonso: Yes. Mayor Suarez: Everything is subject to the conditions. EK 336 May 13, 1993 wxy Commissioner Alonso: Yes. rirrrririrrrrrrrr:rraerrr—rrrr------rrr----rrrrrr----. r..rrrrrrrr...----..r.r— — — — - - — - 60. WAIVE FEES FOR USE OF MIAMI MARINE STADIUM IN CONNECTION WITH THE 22NO ANNUAL MIAMI BUDWEISER UNLIMITED HYDROPLANE REGATTA. rr..rrrrrrrr�rr..rrgrrrr�rrwrrrYUrrrrrrrrr----rrrrrrrr.wrrrr—rr—rrirr------------- Vice Mayor De Yurre: It's pockets. Commissioner Dawkins: Pocket items, J. L. Vice Mayor De Yurre: Pockets. Commissioner Plummer: This is just a ratification of what we passed before. A resolution with... Commissioner Dawkins: No, no, no. Whatever it is, no. (COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.) COMMENTS MADE WHILE COMMISSIONER PLUMMER'S READING OF THE RESOLUTION: 1 Commissioner Dawkins: No. _1 Vice Mayor De Yurre: Oh, you've got to read that whole thing? Second. Commissioner Dawkins: Wait, no second, because I'm voting to deny. COMMENTS MADE AFTER COMMISSIONER PLUMMER FINISHED READING THE TITLE OF THE RESOLUTION: Commissioner Plummer: I so move. Commissioner Dawkins: I move to deny. 7 - Commissioner Plummer: Oh, you dirty devil. -� Mayor Suarez:. Moved and seconded by Commissioner Dawkins. Call the roll. EK 337 May 13, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-328 A RESOLUTION, WITH ATTACHMENT(S), RELATED TO THE 22ND ANNUAL MIAMI BUDWEISER UNLIMITED HYDROPLANE REGATTA ("REGATTA"), SPONSORED BY THE UNLIMITED RACING COMMISSION, TO BE HELD AT MIAMI MARINE STADIUM IN JUNE, 1993; WAIVING ALL FEES FOR THE USE OF THE MIAMI MARINE STADIUM; ACCEPTING AN AMOUNT OF $93,526.00 FROM SAID SPONSOR TO BE APPLIED TOWARD THE COSTS OF CITY FEES AND SERVICES PROVIDED BY THE DEPARTMENTS OF POLICE, FIRE, RESCUE AND INSPECTION SERVICES, AND GENERAL SERVICES ADMINISTRATION/SOLID WASTE, BASED UPON THE ATTACHED PROJECTED SUMMARY BUDGET, CONDITIONED UPON: (1) THE ORGANIZER REIMBURSING THE CITY UP TO ONE HUNDRED PERCENT (100%) FROM THE GROSS REVENUES, AS DEFINED IN THE AGREEMENT, GENERATED BY SAID EVENT, (2) THE CITY'S RIGHT TO AUDIT THE ORGANIZER'S ACCOUNTING RECORDS, (3) THE ORGANIZER OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND (4) THE ORGANIZER PAYING FOR ANY ADDITIONAL EXPENSES NOT CONTEMPLATED IN THE PROJECTED BUDGET; FURTHER CONDITIONED UPON THE ORGANIZER PROVIDING THE CITY WITH 100 COMPLIMENTARY TICKETS AND 25 PIT PASSES TO SAID EVENT, EXCLUSIVE OF AUTHORIZED MEDIA REPRESENTATIVES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE UNLIMITED RACING COMMISSION, FOR SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor 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. EK 338 May 13, 1993 ap r€ rli-YiiY iiYi i'P ill iiY�i"iWrrYY1►i.�Y7rY�ii �Y�iNYfifYi/iilWiGii�fe'YYii�ii►iii J�ii lfYdii�Ytl�ii�il i7L�Y1�fi i►�YYii �Ylllii��ii GiYirY iiiiriii6rilYi�Y6Y ------------------------- POO 61# APPOINT SERGIO ROK TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD (DDA) i- NAME FORWARDED TO ODA FOR RATIFICATION. --i---------------------------`r---------------- Commissioner Plummer: Mr. Mayor, I have an appointment to make that is mine, to the DDA, (Downtown Development Authority) and I'm nominating Mr. Sergio Rok of downtown as my appointment in place of... Commissioner Dawkins: You - boy, you're stacking the deck and you just got there. Commissioner Alonso: Do we do that? Commissioner Plummer: It's my appointment. Commissioner Dawkins: You're stacking the deck and you just got there. Commissioner Plummer: Wait. Commissioner Alonso: Why are we doing this this way? Commissioner Plummer: Because it's a vacancy that has to be filled and.I am making that as may appointment. Commissioner Alonso: I have one, too, but I think this is not the way we do it. Do we do it now? Commissioner Plummer: Why not? Commissioner Alonso: For DDA, I understood that's not... Mayor Suarez: Not at the ending of the term? Are you saying you had a mid- term vacancy? Vice Mayor De Yurre: What are you trying to do? Commissioner Dawkins: He's trying to stack the deck, man. He's stacking the deck. Commissioner Piummer: I have a vacancy on DDA. Vice Mayor De Yurre: OK, and who... Commissioner Plummer: Randy resigned, and I'm appointing this gentleman. Mayor Suarez: All right. Anybody else that has a mid-term vacancy, we can do it this way. Let's agree now. Vice Mayor De Yurre: You can suggest, you suggest a name. Is - was that your recommendation? EK 339 May 139 1993 Commissioner Alons©: That's the way the rule is, is that YOU suggest A Hama. Commissioner Plummer: Sergio Rok is what I'm suggesting. Vice Mayor De Yurre: You suggest the name? Commissioner Plummer: What? Vice Mayor De Yurre: You suggest the name. Commissioner Plummer: That's what I'm doing. Commissioner Alsono: Second. Mayor Suarez: All right. So moved and seconded. Vice Mayor De Yurre: OK, go ahead and suggest it. Mayor Suarez: Call the roll. Vice Mayor De Yurre: Commissioner Plummer: Vice Mayor De Yurre: Commissioner Plummer: Who are you suggesting? Sergio Rok. Sergio Rok? Yeah. Mr. Cesar Odio (City Manager): The old downtown Miami. Commissioner Plummer: His father. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-329 A MOTION SUBMITTING TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD FOR THEIR CONSIDERATION THE NAME OF MR. SERGIO ROK, NOMINATED BY COMMISSIONER PLUMMER, TO BECOME A MEMBER OF SAID BOARD. EK 340 May 13, 1993 - �� ` � Irk Upon being seconded by Commissioner Alonso, 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 Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Alonso: He owns downtown. Vice Mayor De Yurre: Mine is a lot simpler. `- ------------- rr-a.--------- i--------------------------------------------- 62. COMMISSIONER PLUMMER ISSUES INVITATION TO COMMISSION AND ADMINISTRATION TO ATTEND THE AT&T PARTY AT BAYFRONT PARK AMPHITHEATER ON MAY 14TH. Commissioner Plummer: Mr. Mayor, I want to make sure that it's a personal invitation to each memter of this Commission and the Administration. Tomorrow night, Thank God, Bayfront Park, we are joining hands with AT&T... Commissioner Dawkins: That's his third pocket item. Commissioner Plummer: ... for their - no, no, no. The hell with you. Don't come up. We don't want you there, we don't like you, we don't want you, and that's it. Vice Mayor De Yurre: OK. Commissioner Plummer: It's tomorrow night. The party starts at 5:00. The entertainment is at 7:00, and if you all don't want to show up, we won't miss you, because I'll just... Vice Mayor De Yurre: Where 1s the party at? Commissioner Plummer: The party is right at the amphitheater. Vice Mayor De Yurre: Right in the amphitheater? Commissioner Plummer: Yes, sir. Mayor Suarez: Commissioners, before you leave, please, it's very, very... Vice Mayor De Yurre: Mr. Mayor, I have another quickie. Commissioner Plummer: Now, wait a minute. Let me get my other pocket item in. EK 341 May 139 1993 Amok Vice Mayor be Yurre: well, that's four. How many are you going through? Commissioner Plummer: No, no, no, that was an invitation, you dummy. Mayor Suarez: We'll ask that you please not talk anymore for five minutes and let the rest of us get in a couple of... Commissioner Plummer: Mr. Mayor, 1f you ail would be quiet, I'll get finished in 20 seconds, if you agree with me. Mayor Suarez: All right. Vice Mayor De Yurre: Nineteen, 18, 17. --------------------------.-------------------------------------------------- 63. DIRECT ADMINISTRATION TO ALLOCATE $1,113.15 IN ORDER TO COVER SHORTFALL INCURRED BY RESIDENTS OF THE NATOMA MANORS AREA IN GATHERING NECESSARY MONIES TO PERMANENTLY CLOSE DESIGNATED STREETS TO RESTRICT AREA TRAFFIC. Commissioner Plummer: Mr. Mayor, I recommend that the people of Natoma Manor, like the people of the other side of 17th Avenue have gathered up all the money to close the opening, but in this particular case, like others, they have not been able to raise $1,113.15. 1 so move that this Commission put up that money with the rest of the money so that the Natoma Manors can enjoy the same luxuries that they have had at Taluga, Natoma, and other areas over there. I so move. Commissioner Dawkins: Well, that's your neighborhood, you donate it. Commissioner Plummer: What? Commissioner Dawkins: That's your neighborhood, you donate it. Commissioner Plummer: I so move that the City put that forward. Vice Mayor De Yurre: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roil. Vice Mayor De Yurre: That's not my neighborhood. Commissioner Plummer: It's the same thing that we - you know what it is. Ek 342 May 139 1993 The following resolution was introduced by Commissioner Plummer, r, who moved its adoption: RESOLUTION NO. 93-330 A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $19113.15, TO COVER THE SHORTFALL IN FUNDS COLLECTED BY THE NATOMA MANORS HOMEOWNERS ASSOCIATION ON BEHALF OF THE RESIDENTS OF THE NATOMA MANORS NEIGHBORHOOD FOR THE INSTALLATION OF A WALL TO BE LOCATED ACROSS ALATKA STREET AT ITS INTERSECTION WITH SOUTH DIXIE HIGHWAY; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS; FURTHER AUTHORIZING THE CITY MANAGER TO RELEASE SAID FUNDS TO THE NATOMA MANORS HOMEOWNERS ASSOCIATION. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez ABSENT: Commissioner Miriam Alonso ----------------------- ------------------------- --------�- 64. APPOINT MR. PATRICK O'BRIEN TO THE MIAMI RIVER COORDINATING COMMITTEE. Vice Mayor De Yurre: Mr. Mayor, a resolution appointing Pat O'Brien to the Miami River Coordinating Committee to serve as a specified term of office designated here in. Commissioner Plummer: Second. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Call the roll. Commissioner Dawkins: OK. Jack, what do you have before you? Mayor Suarez: Please, please, no, no, no, wait. I've got something for a change. a A EK 343 May 13, 1993 the following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-331 A RESOLUTION APPOINTING AN INDIVIDUAL TO THE MIAMI RIVER COORDINATING COMMITTEE TO SERVE A SPECIFIED 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 Plummer, 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 65. DIRECT CITY MANAGER TO PERMIT HELICOPTERS TO LAND ON THE FEC PROPERTY UNTIL A MORE PERMANENT USE OF THE AREA IS INSTITUTED BY THE CITY COMMISSION. ----------------.---------.----------------m---------------m--------mom.----- Commissioner Plummer: Good night. Vice Mayor De Yurre: Good night. Mayor Suarez: Commissioner Plummer... Commissioner Plummer: What? Mayor Suarez: ... and fellow Commissioners, as you know, and I think - Commissioner Dawkins has been briefed on this extensively, as the Chairman of the Sports Exhibition Authority, Mr. Huizenga has been agitating to see if he can get a place where he can land helicopters - not just himself, but other people. Commissioner Plummer: I thought we already talked about that. Mayor Suarez: Well, expect we haven't solved it as to a site. And the ideal site as recommended by the Manager - I think he discussed it with Commissioner Dawkins who... Commissioner Dawkins: And recommended by Dawkins. EK 344 May 13, 1993 Mayor Suarez: .6s is the FCC (Federal Communications Commmission) property, until the time that we begin to use that for a more permanent and... Commissioner Dawkins: I so move. Commissioner Plummer: I question - look, I don't have any problem with that except there is going to be an expense involved, OK? You cannot land there as it is right now. You would have a dust storm like you couldn't believe. Mayor Suarez: It will be some expense and... Commissioner Plummer: Who's going to pay the expenses? And you have to get that qualified by FAA. Mr. Cesar Odio (City Manager): We have talked to the FAA... Mayor Suarez: Yes. That's what we want to do, is make the application as quickly... Commissioner Plummer: Who's going to pay to take the dust bowl out of there? Mr. Odio: We have taken already, we have an opinion from FAA, we can do it, and it doesn't cost that much. We are going to clean 1t up. There is asphalt there, and all we have to do is paint it. Mayor Suarez: We're going to find an area that's already paved, put a little fence around it and... Mr. Odio: That's all. Commissioner Dawkins: Go ahead, Jack, what were you on? Mr. Jack Luft: All right, I... Commissioner Dawkins: What were you on; a motion, Mr. Mayor? Mayor Suarez: Yes, please. Commissioner Dawkins: I so move. Mayor Suarez: OK. Vice Mayor De Yurre: Second. Mayor Suarez: Seconded. Call the roll on that. Mr. Luft: This is a Commission authorization to accept $7500 from the State of Florida as a matching grant... Mayor Suarez: Jack, we have to move first on the use of the FEC property for the purpose indicated. Mr. Luft: Oh, I thought you did. I'm sorry. EK 345 May 13, 1993 Mayon Suarez: With term$ to be worked out by the Manager. Commissioner Dawkins: Call the roll. Mayor Suarez: Actually, we're using it ourselves, because it's our property, $ob The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 93-332 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PERMIT HELICOPTERS TO LAND ON THE FEC PROPERTY UNTIL SUCH TIME AS THE CITY DECIDES TO USE SAID LAND FOR A MORE PERMANENT PURPOSE. Upon being seconded by Vice Mayor De Yurre, 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 Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso ------- -------- ----------------------------------------------------------- - 66. AUTHORIZE CITY MANAGER TO ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION -- TO IMPLEMENT THE WATSON ISLAND AIR TRANSPORTATION FACILITIES PLANNING PROGRAM AT ESTIMATED COST OF $1501,000 -- FUNDING TO BE PROVIDED BY: (a) FEDERAL AVIATION ADMINISTRATION'S (FAA) ENTITLEMENT FUNDS FOR AIRPORT IMPROVEMENTS ($135,000); (b) STATE OF FLORIDA ($7,500); AND (c) CITY OF MIAMI ($79500) . -----IIID------- W------------ N-----------------N---------------------N Mayor Suarez: Now, we have a $75,000 grant... Mr. Jack Luft: $7500 grant, as a matching grant for our planning work on Watson Island for the seaplane base. We have 150,000 from the federal government, and this will match that, and it's a grant to the City... Commissioner Plummer: Seaplane? Mr. Luft: ... for the Chalks terminal for planning it... Mayor Suarez: The terminal that we have approved. EK 346 May 13, 1993 Mr. Luft: We're doing the planning on that. This saves the City $7600 and it is a grant, but I must have Commission acceptance of this before May 20th, Mayor Suarez: All right. I will to entertain a motion. Commissioner Dawkins: I move to accept. Mayor Suarez: Moved. Commissioner Plummer: Second. Mayor Suarez: Call the roll. Commissioner Plummer: Mr. Manager,Ao you recommend? Mr. Cesar Odio (City Manager): Yes. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-333 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF IMPLEMENTING THE WATSON ISLAND AIR TRANSPORTATION FACILITIES PLANNING PROGRAM, AT AN ESTIMATED COST OF $150,000.00, FUNDING FOR SAID PROGRAM TO BE PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION'S ENTITLEMENT FUNDS FOR AIRPORT IMPROVEMENTS, IN THE AMOUNT OF $135,000.00, THE STATE OF FLORIDA, IN THE AMOUNT OF $79500.00, AND THE CITY OF MIAMI DEPARTMENT OF DEVELOPMENT PROFESSIONAL SERVICES ACCOUNT NO. 590101- 280E IN THE AMOUNT OF $7,500.00 (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso EK 347 May 13, 1993 r r�i�iiri�Y�ir�iiriiiWY�a�r �i�YYrriri dU�Iliri�YriY OYrrrriYrY�IfriY—��LiYirMY��iY�YrrMi�iiirii�r r�Y �Y�iii�(�fir �lfYir 67. SUPPORT CITY'S GRANT APPLICATION ($363,000) TO THE FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY -- FOR CITY'S IMPLEMENTATION OF COMPREHENSIVE AUTO RECOVERY STRIKE PROJECT -- EXECUTE NECESSARY DOCUMENTS. s.�rrr�.rri�rrrrr-Yrrrrrr-rrr--------------------------------.rw - ---------------- Mayor Suarez: Commissioners, the Chief asked us to please pass a motion, a resolution that will support the City's grant application in the amount of $3639000 - we don't expect to get that much - to the Florida Motor Vehicle Theft Prevention Authority for the City of Miami's implementation of the Operation CARS, Comprehensive Auto Recovery Strike Force Project, authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney for said application. Commissioner Dawkins: So moved. Mayor Suarez: Thank you. Commissioner Plummer: Second. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-334 A RESOLUTION SUPPORTING THE CITY'S GRANT APPLICATION, IN THE AMOUNT OF $363,000, TO THE FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY FOR THE CITY OF MIAMI'S IMPLEMENTATION OF THE "OPERATION C.A.R.S." (COMPREHENSIVE AUTO RECOVERY STRIKEFORCE) PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID APPLICATION. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. EK 348 May 13, 1993 r rr w+r iiiwwYirir �fi lrri,Y ilY nYi iri iifYi iir -------------- r---- w—rilirwa 68. (A) RECONSIDER AGENDA ITEM 24 CONCERNING PROPOSED RESOLUTION TO ACCEPT _ BID OF AMERICAN PAGING -- FOR FURNISHING PAGER SERVICES TO POLICE DEPARTMENT. - (B) ACCEPT BID: AMERICAN PAGING .- FOR FURNISHING PACER SERVICES (ON A CONTRACT BASIS) FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($5,811) OFROM LAW ENFORCEMENT TRUST FUND. (See label 31) rr--------------------ri---------------------------------------------------- — Commissioner Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: There was a tie vote on the pagers, so if you want a revote, or shall I just vote no? Mayor Suarez: Was that a consent agenda item? What item was that? Lt. Joseph Longueira: Item 24, a regular item. Mayor Suarez: Reconsider or can we just vote? Mr. Cesar Odio (City Manager): It was a tie, it was a two/two tie. Mayor Suarez: So it didn't move, right? Commissioner Dawkins: I'll break the tie. Mayor Suarez: All right. Move it? Commissioner Dawkins: Yes. Mayor Suarez: So moved by Commissioner Dawkins. Seconded by Vice Mayor De Yurre. Call the roll. The following motion and resolution were introduced by Commissioner Dawkins, who moved their adoption: MOTION NO. 93-335 A MOTION TO RECONSIDER AGENDA ITEM 24 (PROPOSED RESOLUTION ACCEPTING THE BID OF AMERICAN PAGING FOR THE FURNISHING OF PAGER SERVICES ON A CONTRACT BASIS FOR A PERIOD OF ONE YEAR AT A TOTAL PROPOSED FIRST YEAR COST OF $5,811.00.) EK 349 May 13, 1993 RESOLUTION NO. 93-335.1 A RESOLUTION ACCEPTING THE BID OF AMERICAN PAGING FOR THE FURNISHING OF PAGER SERVICES ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED FIRST YEAR COST OF $5,811.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 6900019 INDEX CODE NO. 290904 -996, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN ADDITIONALA ONE (1) YEAR PERIOD, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the motion and 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 THERE BEING NO FURTHER BUSINESS TO CONE BEFORE THE CITY COpMISSION, THE MEETING WAS ADJOURNED AT 8:40 P.M. ATTEST: Natty Hirai CITY CLERK Walter J. Foam ASSISTANT CITY CLERK Xavier L. Suarez N A Y 0 R s 0q1:01010bI01AT(Eb I *