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HomeMy WebLinkAboutCC 1993-10-14 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF REGULAR MEETING October 14, 1993 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. CONSENT AGENDA AND MISCELLANEOUS DISCUSSION 2 COMMENTS BY INTERESTED PARTIES. 10/14/93 1.1 ACCEPT BID: LEADEX CORPORATION R 93-622 3 ($21, 400) -- FOR FURNISHING AND 10/14/93 INSTALLATION OF PLAYGROUND EQUIPMENT (FOR PARKS DEPARTMENT) (CIP 331309). 1.2 ACCEPT BIDS: (a) Z -MART R 93-623 3 DEPARTMENT STORE ($12,137); (b) 10/14/93 CONSOLIDATED OIL COMPANY ($23,911); (c) SALA INDUSTRIAL SALES ($25,416); (d) METAL LUBRICANT COMPANY ($1,510); AND (e) AMERICAN GENUINE, INC. ($253) -- FOR FURNISHING OILS AND LUBRICANTS (FOR DEPARTMENTS OF GSA AND SOLID WASTE, AND FIRE - RESCUE). 1.3 ACCEPT BID: MOTOROLA R 93-624 4 COMMUNICATIONS AND ELECTRONICS, 10/14/93 INC. -- FOR FURNISHING 100 BATTERIES FOR STX PORTABLE RADIOS (FOR FIRE -RESCUE DEPARTMENT). 1.4 EXECUTE PROFESSIONAL SERVICES R 93-625 4 AGREEMENT WITH A. FOSTER HIGGINS 10/14/93 & CO., INC. -- FOR EXPERT ACTUARIAL ASSISTANCE (OCTOBER 1, 1993 - SEPTEMBER 30, 1994). i 1.5 1.6 EXECUTE ONE-YEAR AGREEMENTS WITH: R 93-626 5 (a) ALLAPATTAH BUSINESS 10/14/93 DEVELOPMENT AUTHORITY, INC.; (b) DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC., AND (c) EDGEWATER ECONOMIC DEVELOPMENT CORP. -- TO ASSIST EACH ORGANIZATION IN THE IMPLEMENTATION OF A COMPREHENSIVE COMMUNITY FACADE TREATMENT PROGRAM -- ALLOCATE FUNDS FROM COMMERCIAL DEVELOPMENT BLOCK GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS. ESTABLISH SPECIAL CHARGES, TERMS R 93-627 5 AND CONDITIONS FOR USE OF ORANGE 10/14/93 BOWL STADIUM BY THE U.S. SOCCER FEDERATION FOR PRESENTATION OF INTERNATIONAL SOCCER GAME (DECEMBER 15, 1993) -- EXECUTE AGREEMENT. EXECUTE CORRECTIVE QUIT CLAIM R 93-628 6 DEED TO METROPOLITAN DADE COUNTY 10/14/93 FOR THE USE AND BENEFIT OF THE MIAMI-DADE WATER AND SEWER AUTHORITY, CONVEYING TITLE TO THE PROPERTY LEGALLY DESCRIBED IN SAID DEED TO CORRECT SCRIVENER'S ERROR. ACCEPT DONATION OF A HORSE R 93-629 6 TRAILER FROM MS. MARILYN PASSMORE 10/14/93 LAMP -- EXECUTE DOCUMENTS NECESSARY TO TRANSFER TITLE TO THE TRAILER -- ADD TRAILER TO POLICE DEPARTMENT'S INVENTORY FOR SERVICE PURPOSES. ACCEPT BID: LEADEX CORPORATION R 93-630 6-8 ($28,550) -- FOR. FURNISHING AND 10/14/93 INSTALLATION OF PLAYGROUND EQUIPMENT (FOR PARKS DEPARTMENT) (CIP 331316). RATIFY CITY MANAGER'S WAIVER OF R 93-631 9-10 RENTAL FEES FOR USE OF BOBBY 10/14/93 MADURO MIAMI BASEBALL STADIUI+I BY MIAMI-DADE COMMUNITY COLLEGE FOR BASEBALL PRACTICES AND GAMES (SEPTEMBER 1993 - APRIL 1994) -- EXECUTE AGREEMENT. 3. ESTABLISH SPECIAL CHARGES, TERMS R 93-632 10-12 AND CONDITIONS FOR USE OF CURTIS 10/14/93 PARK SPORTS COMPLEX BY MIAMI SENIOR HIGH SCHOOL, OR ANY OTHER DADE COUNTY PUBLIC SCHOOLS WITHIN CITY OF MIAMI, FOR IiOME FOOTBALL GAMES -- ALLOCATE $10,000 TO COVER COST OF TICKET SURCHARGE. 4. (A) APPROVE CITY MANAGER'S WAIVER R 93-633 13-19 OF RENTAL FEES FOR USE OF ORANGE 10/14/93 BOWL STADIUM BY MIAMI NORTHWESTERN SENIOR HIGH SCHOOL AND MIAMI JACKSON SENIOR HIGH SCHOOL. (B) APPROVE CITY MANAGER'S WAIVER OF USER FEES AT CURTIS PARK FOR USE BY MIAMI SENIOR HIGH SCHOOL --- ALLOCATE $10,000. (C) INSTRUCT ADMINISTRATION TO NOTIFY THE SCHOOL BOARD THAT ANY FUTURE HIGH SCHOOL GAME SHALL BE PLAYED AT CURTIS PARK AND THERE SHALL BE NO FURTHER WAIVING OF USER FEE CHARGES. 5. DISCUSS AND WITHDRAW CONSENT DISCUSSION 19-22 AGENDA 11 (CONSIDERATION OF 10/14/93 PROPOSED RESOLUTION TO GRANT EASEMENT TO METROPOLITAN DADE COUNTY, MIAMI DADE WATER AND SEWER AUTHORITY DEPARTMENT -- CONSISTING OF A 20 FT. STRIP OF LAND ON BICENTENNIAL PARK -- FOR INSTALLATION / MAINTENANCE OF A 36-INCH WATER MAIN). i 6. ( A ) ACCEPT PROPOSAL OF E. ROGER R 93-634 23-25 BUDNY, BUDNY AND HEATH, INC. -- 10/14/93 TO APPRAISE THE FAIR MARKET VALUE RENT OF THE MIAMI SPRINGS GOLF COURSE (650 CURTISS PARKWAY), SUBJECT TO ADMINISTRATION VERIFYING THAT NEEDED FUNDS ARE IN PLACE FOR PURCHASE OF SAID FACILITY. (B) COMMISSIONER PLUMMER DIRECTS THE CITY MANAGER TO OBTAIN A LETTER OF INTENT FROM THE CITY OF MIAMI SPRINGS PROVING THAT IT HAS THE WHEREWITHAL AND THE CAPABILITY OF PRODUCING AT LEAST $5,000,000 IN CONNECTION WITH PROPOSED ACQUISITION OF THE MIAMI SPRINGS GOLF COURSE, PRIOR TO THE CITY'S SPENDING $7,500 FOR THE REQUIRED APPRAISAL ON SAID PROPERTY. 7. DISCUSS AND DEFER TO NEXT MEETING M 93-635 26-30 AGENDA ITEM 2 (PROPOSED EMERGENCY 10/14/93 ORDINANCE TO AMEND CODE CHAPTER 54 [STREETS AND SIDEWALKS], THEREBY CHANGING THE STREET EXCAVATION PERMIT FEE TO ESTABLISH A FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATIONS SYSTEMS) FOR FURTHER STUDY. 8. EMERGENCY ORDINANCE: AMEND 10938 ORDINANCE 30-31 (AS IT PERTAINS TO SPECIFIED 11094 PROJECTS IN THE GENERAL 10/14/93 GOVERNMENT, PARKS AND RECREATION, PUBLIC FACILITIES, TRANSPORTATION AND PHYSICAL ENVIRONMENT PROGRAM AREAS) -- BY REVISING PREVIOUSLY APPROVED APPROPRIATIONS TO SCHEDULED CAPITAL IMPROVEMENT PROJECTS, ETC. 9. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE 32-34 CHAPTER 35 (MOTOR VEHICLES AND 11095 TRAFFIC), SECTION 35-193 OF 10/14/93 ARTICLE VIII (COCONUT GROVE PARKING IMPROVEMENT TRUST FUND) -- PROVIDE FOR ONE-YEAR TERMS OF OFFICE FOR ALL MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE. 10. CONFIRM APPOINTMENTS TO COCONUT R 93-636 34-35 GROVE PARKING ADVISORY COMMITTEE. 10/14/93 (Confirmed were: Robert Masrieh, Randy Hill, Tom Moore, David Gill, Tucker Gibbs, Rick Holton, Denise Wallace, Richard Curry & Ted Stahl.) 11. EMERGENCY ORDINANCE: AMEND ORDINANCE 35-39 11001 -- INCREASE FY'93 BUDGET 11096 APPROPRIATIONS FOR DEPARTMENTS 10/14/93 OF: POLICE; FIRE -RESCUE; PARKS & RECREATION; PUBLIC WORKS; CONFERENCES, CONVENTION AND PUBLIC FACILITIES; SOLID WASTE; GENERAL SERVICES ADMINISTRATION; PENSION AND SELF-INSURANCE -- AS A RESULT OF CONTINUED EXPENDITURES RELATING TO HURRICANE ANDREW AND OTHER BUDGETARY ADJUSTMENTS. 12. FIRST READING ORDINANCE: AMEND FIRST READING 40-44 CODE CHAPTER 54 -- ADD NEW ORDINANCE ARTICLE XI, THEREBY REQUIRING 10/14/93 THAT PAY TELEPHONE COMPANIES ENTER INTO PERMIT AGREEMENTS WITH THE CITY OF MIAMI FOR THE ERECTION / CONSTRUCTION / RECONSTRUCTION / INSTALLATION / OPERATION / MAINTENANCE / DISMANTLING / TESTING / REPAIR AND USE OF PAY TELEPHONES IN / UPON / ALONG / ACROSS / ABOVE / OVER AND UNDER PUBLIC RIGHTS -OF - WAY; SUBJECT TO CERTAIN CONDITIONS, AND SUBJECT TO REMOVAL OF DESIGNATED PAY PHONES AS REQUESTED BY THE ADMINISTRATION -- CITY TO KEEP CONTROL OF DESIGN OF THE BOOTHS. 13. FIRST READING ORDINANCE: AMEND FIRST READING 44-45 CODE SECTION 53-151 (RATES AND ORDINANCE CHARGES) , PERTAINING TO 10/14/93 PROCEDURES AND USER FEES AT THE COCONUT GROVE CONVENTION CENTER -- CHANGE FEES WIiICH ARE DETERMINED BY THE TYPE OF EVENT BEING HELD. 14. FIRST READING ORDINANCE: AMEND FIRST READING 45-46 CODE CHAPTER 2 (ADMINISTRATION) , ORDINANCE THEREBY PROVIDING FOR CHANGE OF 10/14/93 NAME OF THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT TO: THE DEPARTMENT OF FIRE - RESCUE. 15. (A) DISCUSS AND TEMPORARILY TABLE DISCUSSION 46-55 CONSIDERATION OF PROPOSED 10/14/93 RESOLUTIONi TO EXECUTE AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT WITH BOAT YARD MANAGEMENT COMPANY, INC. -- FOR MANAGEMENT / MAINTENANCE / OPERATION OF CITY - OWNED PROPERTY KNOWN AS THE DINNER KEY BOAT YARD (LOCATED AT 2640 S. BAYSHORE DRIVE). (B) DISCUSSION CONCERNING GARCES COMMERCIAL COLLEGE'S DELAY IN LOAN PAYMENTS. (See label 56) 16. DISCUSS AND TEMPORARILY TABLE DISCUSSION 55-59 CONSIDERATION OF PROPOSED 10/14/93 RESOLUTION TO REJECT PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD AT DINNER KEY, INC. -- FOR MANAGEMENT / MAINTENANCE / OPERATION OF CITY - OWNED PROPERTY KNOWN AS THE DINNER KEY MARINA AND BOAT YARD (LOCATED AT 2640 S. BAYSHORE DRIVE). (See labels 47 & 57) 17. APPROVE CITY OF MIAMI' S R 93-637 60-61 COMPREHENSIVE HOUSING 10/14/93 AFFORDABILITY STRATEGY (CHAS) FOR FISCAL YEARS 1994 - 1998 -- AUTHORIZE CITY MANAGER TO EXECUTE AND SUBMIT SAID CHAS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 18. ( A ) APPROVE FLAGLER CORE AREA R 93-638 62-65 ENHANCEMENT.' STRATEGY FOR DOWNTOWN R 93-639 MIAMI (DATED JUNE 1993) -- DIRECT 10/14/93 CITY MANAGER TO INITIATE IMPLEMENTATION OF SAID PLAN AND REPORT TO CITY COMMISSION WITHIN 90 DAYS -- NO MONIE S TO BE EXPENDED WITHOUT PRIOR COMMISSION APPROVAL. (B)AUTHORIZE EXPENDITURE ($97,266) FROM THE CAPITALIMPROVEMENT PROGRAM FOR SEMI- PERMANENT FENCING FOR BAYFRONT PARK. 19. EXECUTE AMENDMENT NO. 9 TO R 93-640 65-69 AGREEMENT WITH DELOITTE & TOUCI-iE 10/14/93 (CERTIFIED PUBLIC ACCOUNTANTS) IN ASSOCIATION WITH (a) SHARPTON, BRUNSON & COMPANY, P.A.; (b) VERDEJA, IRIONDO & GRAVIER; AND (c) WATSON & COMPANY, P.A. -- FOR EXTERNAL AUDITING SERVICES RELATED TO COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1993, ETC. 20. ACCEPT BID: ALANIS SECURITY, R 93-641 69-76 INC. -- FOR FURNISHING SECURITY 10/14/93 GUARD SERVICES TO VARIOUS CITY DEPARTMENTS (FOR DEPARTMENT OF GSA AND SOLID WASTE) -- LIMIT CEILING TO $100,000 WITHOUT COMMISSION APPROVAL. 21. CONFIRM CITY ATTORNEY' S R 93-642 76-79 REAPPOINTMENT OF LAW FIRM OF 10/14/93 SWEETAPPLE, BROEKER, VARKAS, P.A. -- TO SERVE AS SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD. 22. AUTHORIZE PAYMENT OF FINAL R 93-643 79-81 JUDGMENT TO GABRIEL CASTELLON 10/14/93 ($100,000). 23. AUTHORIZE FILING OF AN OFFER OF R 93-644 81-83 JUDGMENT TO JUAN AND CITA FRAIZ 10/14/93 ($75,000). 24. (A) AMEND RESOLUTION 91-502 R 93-645 83-88 ( RELATING TO DISPOSITION OF R 93-646 WEAPONS PREVIOUSLY ISSUED FOR 10/14/93 INDIVIDUAL USE BY SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT) -- ESTABLISH COMMISSION POLICY TO PROVIDE THAT IF MORE THAN ONE WEAPON HAD BEEN ISSUED TO SAID SWORN PERSONNEL, THEY SHALL HAVE THE RIGHT TO PURCHASE ONE SUCH OTHER WEAPON, PURSUANT TO THE HEREIN POLICY. (B) ACCEPT BID: GLOCK, INC. FOR FURNISHING 1300 UPDATED GLOCK GUNS (FOR POLICE DEPARTMENT). 25. VACATE / DISCONTINUE / ABANDON R 93-647 88-90 THE EAST 18 FEET OF LOT 8, BLOCK 10/14/93 1, AMENDED PLAT OF FLAGLER TERRACE -- EXECUTE A QUIT CLAIM DEED IN FAVOR OF OLGA RIANO (SUCCESSOR IN INTEREST OF THE DEDICATOR), WITH PROVISOS. 26. BRIEF COMMENTS AND DEFERRAL OF DISCUSSION 90 PROPOSED APPOINTMENT OF AN 10/14/93 INDIVIDUAL AS MEMBER OF THE NUISANCE ABATEMENT BOARD. (NO ACTION TAKEN) 27. (A) CONFIRM APPOINTMENT OF R 93-648 91-93 INDIVIDUAL TO OFF-STREET PARKING 10/14/93 BOARD. (Reappointed was: Dr. Eduardo Padron.) (B) DISCUSSION CONCERNING ONGOING CITY SUBSIDY OF THE GUSMAN BUILDING. 28. APPOINT INDIVIDUALS TO SERVE AS R 93-649 93-98 MEMBERS OF THE COMMISSION ON THE 10/14/93 STATUS OF WOMEN. (Appointed were: Shalley A. Jones, Leonor Lagomasino, Yvonne MacDonald, !` Gail Nedelman-Stone, Laura Perez 4 & Marian Smith; two appointments i still pending.) 29. APPOINT INDIVIDUALS TO SERVE AS R 93-650 98-100 REGULAR MEMBERS OF THE URBAN 10/14/93 DEVELOPMENT REVIEW BOARD. (Appointed was: Jose Estevez; one appointment still pending.) `i.� 30. BRIEF COMMENTS BY COMMISSIONER DISCUSSION 100-101 PLUMMER CONCERNING HIS PROPOSED NOMINATION OF BRIAN FLYNN GEENTY TO THE PLANNING ADVISORY BOARD -- ADMINISTRATION DIRECTED TO PROCESS HIS APPLICATION THROUGH REQUIRED CHANNELS. 31. APPOINT INDIVIDUAL TO PRIVATE R 93-651 101-103 INDUSTRY COUNCIL ( SOUTH FLORIDA 10/14/93 EMPLOYMENT AND TRAINING CONSORTIUM) -- RECOMMEND THAT HE BE APPOINTED VICE CHAIRMAN. (Appointed was: Luis Sabines.) 32. APPOINT / REAPPOINT / CONFIRM R 93-652 103-104 INDIVIDUALS TO SERVE AS MEMBERS 10/14/93 OF THE AFFIRMATIVE ACTION ADVISORY BOARD. (Reappointed was: Laurastine Pierce; confirmed was: Robert Cummings.) 33. CONFIRM APPOINTMENT OF R 93-653 104-106 INDIVIDUALS TO SERVE ON THE 10/14/93 NORTHEAST TASK FORCE. (Confirmed were: Eileen Bottari, Paul Arnold, Monique Taylor & Mort Koplo.) 34. APPOINT INDIVIDUALS TO SERVE ON R 93-654 106-108 THE INTERNATIONAL TRADE BOARD. 10/14/93 (Appointed were: Angel Medina, Ignacio Bustillo & Rafael Garcia - Toledo, Jr.; two appointments still pending.) 35. APPOINT INDIVIDUAL TO SERVE ON R 93-655 109-111 THE CODE ENFORCEMENT BOARD. 10/14/93 (Appointed was: Alfredo Hidalgo- Gato.) 36. CONTINUE TO NOVEMBER MEETING DISCUSSION 111-112 CONSIDERATION OF 1992 ANNUAL 10/14/93 REPORT BY THE AFFIRMATIVE ACTION ADVISORY BOARD AND THE BOARD'S GOALS FOR 1993-1994. 37. DISCUSSION REGARDING CONTINUED R 93-656 113-147 FUNDING TO ECONOMIC DEVELOPMENT R 93-656.1 ORGANIZATIONS AND SOCI:AL, SERVICE R 93-657 AGENCIES OUT OF 19TH YEAR R 93-658 COMMUNITY DEVELOPMENT BLOCK GRANT R 93-659 (CDBG) FUND. 10/14/93 (A) FUND ECONOMIC DEVELOPMENT ORGANIZATIONS FOR AN ADDITIONAL THREE MONTHS AND APPROVED SOCIAL SERVICE AGENCIES FOR SIX MONTHS, SUBJECT TO PROVISOS. (B) GRANT FUNDING REQUEST BY GEORGIA AYERS :TONES -- ALLOCATE $6,000 IN CONNECTION WITH ALTERNATIVE PROGRAMS. (C) APPROVE GEORGIA AYERS JONES'S FUNDING REQUEST OF $55,000 FROM LAW ENFORCEMENT TRUST FUNDS (LETF) IN CONNECTION WITH ALTERNATIVE PROGRAMS. (D) RECONSIDER THAT PORTION OF PREVIOUSLY ADOPTED RESOLUTION 93- 656 WHICH AUTHORIZED SIX MONTHS FUNDING FOR APPROVED SOCIAL SERVICE AGENCIES OUT OF 19TH YEAR CDBG FUNDS. (E) FUND APPROVED SOCIAL SERVICE AGENCIES FOR THE ENTIRETY OF THEIR FISCAL YEAR. 38. BRIEFLY COMMENT AND TEMPORARILY DISCUSSION 147-149 TABLE DISCUSSION CONCERNING 10/14/93 WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND WYNWOOD FOREIGN TRADE ZONE. (See labels 51 & 55) 39. (A) DIRECT CITY MANAGER TO M 93-660 149-161 INSTRUCT CITY' S PLANNING 10/14/93 DEPARTMENT TO PREPARE AN IN-HOUSE PUBLIC PLANNING STUDY PROCESS FOR THE VIRRICK GYM AND DINNER KEY WATERFRONT AREAS WITHIN 60 DAYS. (B) MAYOR SUAREZ CRITICIZES THE MIAMI HERALD'S RECENT EDITORIALS CONCERNING THE CITY OF MIAMI. 40. BRIEFLY COMMENT AND TABLE DISCUSSION 161-162 DISCUSSION CONCERNING 10/14/93 DESIRABILITY OF REMOVING PRESENT SANCTIONS AGAINST SOUTH AFRICA. (NO ACTION TAKEN.) 41. BRIEF DISCUSSION CONCERNING DISCUSSION 162-164 f POSSIBLE RESCHEDULING OF THE 10/14/93 l START TIME OF THE COMMISSION i MEETING PRESENTLY SCHEDULED FOR OCTOBER 21ST. (See label 62) 42. BRIEF DISCUSSION CONCERNING DISCUSSION 164-169 FAILURE OF CITY COMMISSION TO 10/14/93 RECOGNIZE JAMAICAN CONSUL GENERAL'S PRESENCE AT CITY HALL -- ISSUE DIRECTED TO OFFICE OF PROTOCOL. 43. WAIVE CITY CODE PROHIBITION R 93-661 169-171 ( SECTION 2-302) AS IT APPLIES TO 10/14/93 T. WILLARD FAIR IN RELATION TO THE URBAN LEAGUE OF GREATER MIAMI, INC., PROVIDING RECREATIONAL PROGRAMMING, AFFORDABLE DAY CARE SERVICES, MAINTENANCE AND OPERATION OF THE CITY -OWNED AFRICAN SQUARE PARK. 44. ISSUE REVOCABLE PERMIT TO URBAN R 93-662 172-173 LEAGUE OF GREATER MIAMI , INC. -- 10/14/93 E FOR ACCESS TO / USE OF SPACE AT CITY -OWNED AFRICAN SQUARE PARK. - 45. AUTHORIZE INCREASE IN CONTRACT R 93-663 173-175 WITH SHORELINE FOUNDATION, 10/14/93 INC. -- FOR ROBERT KING HIGH PARK - BRIDGE REPAIRS B-2950 (CIP 331315). 46. (A) DISCUSSION CONCERNING PRESENT R 93-664 175-206 RELATIONSHIP AMONGST THE 10/14/93 FRATERNAL ORDER OF POLICE (FOP), THE POLICE DEPARTMENT, THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) AND THE FIRE DEPARTMENT IN AN ATTEMPT TO EXPLORE EXISTING DIFFERENCES AMONGST SAID GROUPS. (B) REAFFIRM CITY COMMISSION'S COMMITMENT TO THE CONSENT DECREE -- SCHEDULE FURTHER DISCUSSION FOR COMMISSION MEETING r OF OCTOBER 21ST. 47. (Continued) DISCUSS AND TABLE DISCUSSION 206-231 CONSIDERATION OF PROPOSED 10/14/93 RESOLUTION TO REJECT PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD AT DINNER KEY, INC. FOR UNIFIED DEVELOPMENT OF DINNER KEY BOATYARD AND MARINA PROPERTY AT 2640 S. BAYSHORE DRIVE. (See labels 16 & 57) 48. GRANT REQUEST BY AMERICAN R 93-665 232-233 AIRLINES MIAMI MILE FOR: ( a ) 1-0/14/93 CLOSURE OF DESIGNATED STREETS CONCERNING AMERICAN AIRLINES MIAMI MILE FOR WEEKEND IN MONTH OF JANUARY 1995 - 1999 OCCURRING ONE WEEK PRIOR TO NFL SUPER BOWL; (b) GRANT MIAMI MILE'S REQUEST FOR EXCLUSIVITY AS THE ONLY DOWNTOWN FOOTRACE OF ANY LENGTH IN MONTH OF JANUARY FROM 1994 UNTIL 1999 -- EXTEND FOR 5 YEARS BASED ON PERFORMANCE OF STAGING A WORLD -CLASS TELEVISED RUNNING EVENT. 49. GRANT REQUEST BY THE CATHOLIC R 93-666 233-235 SERVICES OF LITTLE HAVANA FOR 10/14/93 RENEWAL OF RENTAL FEE WAIVER FOR OFFICE AND CLOSET SPACE OCCUPIED AT MANUEL ARTIME COMMUNITY CENTER TO PROVIDE SOCIAL SERVICES TO THE SOCIO-ECONOMICALLY DEPRIVED. 50. DIRECT CITY MANAGER TO WORK WITH M 93-667 235-243 COCONUT GROVE LOCAL DEVELOPMENT 10/14/93 CORPORATION TO DEVELOP AN APPLICATION TO FEDERAL GOVERNMENT FOR A SECTION 108 LOAN ($1,986,500) TO DEVELOP THE TIKI PROJECT, TO BE GUARANTEED BY CDBG FUNDS. 51. DISCUSS AND DEFER TO OCTOBER 21ST M 93-668 243-289 COMMISSION MEETING CONSIDERATION 10/14/93 OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND THE WYNWOOD FOREIGN TRADE ZONE. (See label 55) 52. DISCUSS AND REFER BACK TO M 93-669 289-318 PLANNING, BUILDING AND ZONING 10/14/93 DEPARTMENT REQUESTED APPROVAL OF A ZONING STUDY FOR THE BLOCK GENERALLY BOUNDED BY CORAL WAY (S.W. 22 STREET), S.W. 25 AVENUE, S.W. 22 TERRACE AND S.W. 27 AVENUE (APPROX. 2500-2698 S.W. 22 STREET) FOR POSSIBLY GOING BACK TO THE ORIGINAL ZONING. (Applicant: Planning, Building & Zoning Dept.) 53. INSTRUCT ADMINISTRATION TO BEGIN M 93-670 319-320 PROCESS TO PROHIBIT ACCESS TO (a) 10/14/93 S.W. 22 TERRACE 100' E. OF S.W. 27 AVENUE; AND (b) S.W. 25 AVENUE 100' S. OF CORAL WAY (S.W. 22 STREET), PER SECTION 54.17 OF THE CODE. (Applicant: Public Works Dept.) 54. PERSONAL APPEARANCE: MR. GEORGE DISCUSSION 321-323 STANLEY OF THE HADLEY PARK 10/14/93 RESIDENTS AND HOMEOWNERS ASSOCIATION TO DISCUSS DRUGS AND CRIME IN THE NEIGHBORHOOD. 55. (Continued) DISCUSSION OF DISCUSSION 324-333 PREVIOUSLY DEFERRED ISSUE 10/14/93 CONCERNING THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND THE WYNWOOD FOREIGN TRADE ZONE. (See label 51) 56. DISCUSSION CONCERNING BACK RENT DISCUSSION 333-334 OWED BY GARCES COLLEGE TO THE 10/14/93 CITY. (See label 15(B)) 57. (Continued) DISCUSSION DISCUSSION 334-335 CONCERNING PROPOSED RESOLUTION TO 10/14/93 REJECT PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD AT DINNER. KEY, INC. FOR UNIFIED DEVELOPMENT OF DINNER KEY BOATYARD AND MARINA PROPERTY AT 2640 S. BAYSHORE DRIVE -- DISCUSSION CONTINUED AND 58. PERSONAL APPEARANCE: MR. ERNESTO DISCUSSION 335-338 CAPOTE TO DISCUSS REQUESTED 10/14/93 MODIFICATIONS TO TEATRO MARTI REQUEST REFERRED TO ADMINISTRATION. 59. (A) APPROVE CLAIM SETTLEMENT: R 93-671 338-346 JUAN MENDEZ --- FOR ATTORNEY'S R 93-672 FEES ($3,000), SUBJECT TO CITY 10/14/93 ATTORNEY'S REVIEW AND APPROVAL OF THE BILL. (B) APPROVE CLAIM SETTLEMENT: GEORGE RUSSELL --- FOR ATTORNEY'S FEES ($4,000), SUBJECT TO CITY ATTORNEY'S REVIEW AND APPROVAL OF THE BILL. 60. AUTHORIZE TEMPORARY USE OF R 93-673 346-347 PARKING LOT #1 AT VIRGINIA KEY 10/14/93 BEACH BY GILBERT SOUTHERN CORPORATION FOR ITS OFFICE TRAILER AND EMPLOYEE PARKING DURING CONSTRUCTION OF DADE COUNTY'S NEW SANITARY SEWER FORCE MAIN. 61. ALLOCATE FUNDS IN SUPPORT OF R 93-674 348-350 MEDIA RECEPTION TO BE HELD IN 10/14/93 CONNECTION WITH THE CHAMPIONS CHALLENGE SOCCER EVENT (SPONSORED BY SOCCER MARKETING AND PROMOTIONS, INC.) TO BE HELD AT THE ORANGE BOWL (DECEMBER 15, 1993) AND TO BE TELEVISED INTERNATIONALLY, WITH PROVISOS. 62. RESCHEDULE OCTOBER 21ST R 93-675 350-351 COMMISSION MEETING TO BEGIN AT 10/14/93 4:00 P.M. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of October, 1.993, 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 9:12 a.m. by Mayor Xavier Suarez with the following members of the Conmission found to be present: Commissioner Miriam Alonso Comui.ssioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez ALSO PRESENT: iR� Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Commissioner Miller J. Dawkins An invocation was delivered by Mayor Suarez, after which, Vice Mayor De Yurre then led those present in a pledge of allegiance to the flag. ------------------------------------------------- NOTE FOR THE RECORD: By memorandum from the Administration, agenda items 15, 24, 35, 44 & PZ- 2 were withdrawn from today's agenda. ------------------------------------------------- NOTE FOR THE RECORD: On a motion duly made by Vice Mayor De Yurre and seconded by Commissioner Alonso, the minutes of Commission meeting of September 7, 1993, were approved by the Commission. NOTE FOR THE RECORD: Commissioner Dawkins entered the meeting at 9:13 a.m. 1 October 14, 1993 ------------------------------------------------------------------------------ 1. CONSENT AGENDA AND MISCELLANEEOUS COTS BY INTERESTED PARTIES. ------------------------------------------------------------------------------ Mayor Suarez: Ladies and gentlemen, the consent agenda consists of items CA-1 through CA-14. If anyone wishes to be heard on any of them individually - Mr. Gonzalez-Goenaga, which item, sir? Mr. Manuel Gonzalez-Goenaga: Four, five, eleven and twelve. Good morning, Mr. Mayor. Mayor Suarez: All right, sir, Good morning. Mr. Gonzalez-Goenaga: Four, five, eleven and thirteen. Mayor Suarez: Commissioners, if anyone wants to have an item clarified or... Commissioner Plummer: For further clarification, I would add to that six and nine. He's got eleven. Mayor Suarez: OK. With the exception provided, four, five, six, nine, eleven and twelve... Conmissiner Dawkins: Seven. Mayor Suarez: ...and seven, I'll entertain a motion on the rest of the consent agenda. Commissioner Plummer: So moved. Mayor Suarez: Moved. Vice Mayor De Yurre: Second. Mayor Suarez: Thank you. Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUVV ER AND SECONDED BY VICE MAYOR DE YURRE, THE CONSENT AGENDA WITH ABOVE EXCEPTIONS, WAS APPROVED BY THE FOLIAWING 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. 2 October 14, 1993 F; 1.1. ACCEPT BID: LEADEX CORPORATION ($21,400) -- FOR FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT (FOR PARKS DEPARTMENT) (CIP 331309). RESOLUTION NO. 93-622 A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR THE DEPARTWENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF $21,400.00; ALLOCATING FUNDS FROM CAPITAL IMPROVEMETI' PROJECT NO. 331309, ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQI.,TIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.2. ACCEPT BIDS: (a) Z-MART DEPARTMENT STORE ($12,137); (b) CONSOLIDATED OIL COMPANY ($23,911); (c) SALA INDUSTRIAL SALES ($25,416); (d) METAL LUBRICANT COMPANY ($1,810); AND (e) AMERICAN GENUINE, INC. ($253) -- FOR FURNISHING OILS AND LUBRICANTS (FOR DEPARTMENTS OF GSA AND SOLID WASTE, AND FIRE -RESCUE). RESOLUTION NO. 93-623 A RESOLUTION ACCEPTING THE BIDS OF Z-MART DEPARTMENT STORE IN THE AMOUNT OF $12,137.00, CONSOLIDATED OIL COMPANY IN THE AMOUNT OF $23,911.00, SALA INDUSTRIAL SALES IN THE AMOUNT OF $25,416.00, METAL LUBRICANT COMPANY IN THE AMOUNT OF $1810.00 AND AMERICAN GENUINE, INC. IN THE AMOUNT OF $253.00 FOR A TOTAL AMOUNT OF $63, 527.00 FOR THE FURNISHING OF OILS AND LUBRICANTS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO E]KI'E D FOR ONE (1) ADDITIONAL YEAR UPON THE SAME PRICE, TERMS AND CONDITIONS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE 1993-94 OPERATING BUDGET, ACCOUNT CODE NO. 420901-713 ($55,642.00) AND FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT OPERATING BUDGET, ACCOUNT CODE NOS. 280502-713 ($100.00) AND 280701- 713 ($7,785.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE 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.) 3 October 14, 1993 1.3. ACCEPT BID: MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. -- FOR FURNISHING 100 BATTERIES FOR STX PORTABLE RADIOS (FOR FIRE -RESCUE DEPARTMENT). RESOLUTION NO. 93-624 A RESOLUTION ACCEPTING THE BID OF MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR THE FURNISHING OF 100 BA7fiERIES FOR THE STX PORTABLE RADIOS TO THE DEPAR`i = OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED AMOUNT OF $5,896.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL FUND ACCOUNT CODE NO. 280401-722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.4. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH A. FOSTER HIGGINS & CO., INC. -- FOR EXPERT ACTUARIAL ASSISTANCE (OCTOBER 1, 1993 - SEPTEMBER 30, 1994). RESOLUTION NO. 93-625 i A RESOLUTION, WITH ATrACI-VENT (S) , AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF A. FOSTER HIGGINS & CO., INC. FOR EXPERT ACTUARIAL ASSISTANCE AT A COST NOT TO EXCEED $50,000, FOR THE PERIOD OF OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994; ALLOCATING FUNDS THEREFOR FROM THE PENSION ADMINISTRATION TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4 October 14, 1993 1.5. EXECUTE ONE-YEAR AGREEMENTS WITH: (a) ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.; (b) DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC., AND (c) EDGEWATER ECONOMIC DEVELOPMENT CORP. -- TO ASSIST EACH ORGANIZATION IN THE IMPLEMENTATION OF A COMPREHENSIVE COMMERCIAL FACADE TREATMENT PROGRAM -- ALLOCATE FUNDS FROM COMMERCIAL DEVELOPMENT BLOCK GRANT COMMERCIAL FACADE REVI'T'ALIZATION PROGRAM FUNDS. RESOLUTION NO. 93-626 A RESOLUTION, WITH ATTACHMENTM, AUTHORIZING THE CITY MANAGER TO EXECUTE ONE-YEAR AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., THE DOWNIUM MIAMI BUSINESS ASSOCIATION, INC., AND THE EDGEWATER ECONOMIC DEVELOPMENT CORP., FOR `THE PURPOSE OF ASSISTING EACH AFOREMENTIONED ORGANIZATION IN THE IMPLEMENTATION OF A COMPREHENSIVE COM[ERCIAL FACADE TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT.' NOT TO EXCEED $29,400.00 TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., $15,400.00 TO THE DOWNICWN MIAMI BUSINESS ASSOCIATION, INC., AND $5,600.00 TO THE EDGEWATER ECONOMIC DEVELOPMENT CORP., FROM THE COMMUNITY DEVELOPMENTN BLOCK GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.6. ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY THE U.S. SOCCER FEDERATION FOR PRESENTATION OF INTERNATIONAL SOCCER GAME (DECEMBER 15, 1993) -- EXECUTE AGREEMENT. RESOLUTION NO. 93-627 A RESOLUTION, WITH ATTAO-DlENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY THE U.S. SOCCER FEDERATION FOR THE PRESENTATION OF AN INTERNATIONAL SOCCER GAME ON DECEMBER 15, 1993; FURTHER AUTrIORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT TIE CITY IN AN AMOUNT 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.) 5 October 14, 1993 1.7. EXECUTE CORRECTIVE QUIT CLAIM DEED TO METROPOLITAN DADE COUNTY FOR THE USE AND BENEFIT OF THE MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT, CONVEYING TITLE TO THE PROPERTY LEGALLY DESCRIBED IN SAID DEED TO CORRECT SCRIVENER'S ERROR. RESOLUTION NO. 93-628 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXEC= A CORRECTIVE QUIT CLAIM DEED TO METROPOLITAN DADE COUNTY FOR THE USE AND BENEFIT OF THE MIAMI-DADE WATER AND SEWER AUTHORITI'Y DEPART= CONVEYING TITLE TO THE PROPERTY LEGALLY DESCRIBED IN SAID DEED, IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE ORIGINAL QUIT CLAIM DEED DATED MAY 27, 1975. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) I 1.8. ACCEPT DONATION OF A HORSE TRAILER FROM MS. MARILYN PASSMORE LAMP -- EXECUTE DOCUMENTS NECESSARY TO TRANSFER TITLE TO THE TRAILER -- ADD TRAILER TO POLICE DEPARTMENT'S INVENTORY FOR SERVICE PURPOSES. RESOLUTION NO. 93-629 l A RESOLUTION ACCEPTING THE DONATION OF A HORSE I TRAILER FROM MS. MARILYN PASSMORE LAMP; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO TRANSFER TITLE TO THE TRAILER; AND FURTHER PROVIDING THAT THE TRAILER BE ADDED BY THE FLEET MANAGER TO THE POLICE DEPA 'N='S INVENTORY FOR SERVICE PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.9. ACCEPT BID: LEADEX CORPORATION ($28,550) -- FOR FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT (FOR PARKS DEPARTMENT) (CIP 331316). RESOLUTION NO. 93-630 A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR TIIE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF $28,550.00, ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331316, ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. 6 October 14, 1993 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Mayor Suarez: Item 4. Mr. Gonzalez-Goenaga, sir, do you - are your remarks for all of them together? Commissioner Plummer: Of 2, or all of them? Mr. Gonzalez-Goenaga: Well, since I have such a limited time, I'd rather cover all in one statement. Mayor Suarez: All right, sir. Mr. Gonzalez-Goenaga: Good morning, citizens of Miami. Good morning, Commissioners. Commissioner Plummer: He's on 4. Mayor Suarez: He's commenting on 4 - I'm sorry, Mr. Gonzalez-Goenaga - on 4, 5, 11 and 12. Go ahead, sir, proceed. Commissioner Plummer: He's doing it all at the same time. Mr. Gonzalez-Goenaga: on number 4, specifically, a professional services agreement. Commissioner Plummer: Yes. Mr. Gonzalez-Goenaga: I know that you do not pay much attention to what I have always said, and the retiring Mayor has said that over, and over, and over again. Commissioner Plummer: OK. Let me look at it. I can maybe understand that. Mr. Gonzalez-Goenaga: When we need - and there is no doubt that we need professional services agreements for some things - but we have allegedly a professional Administration, and in the future, we should not need - when the new Commissioner - the new Commissioner and Mayor comes in, whoever the person will be, we should try to save money for the citizens. on number CA-5, again, facade beautification. That's the crux of the problem here with this Ccirmission and this leadership with the retiring Mayor. Everything is a facade, but when you go deep inside, why should we spend money in facades when you go into those community areas and it stinks? The whole community - not the persons - the - you're supposed to clean up the streets. The excuse of Hurricane Andrew is way over, and it was approved for Wynwood, and now, they want to approve it for many other areas. Beautification. Let's beautify the new Commissioners so they must give the example. So, my dear friends, I'm going now to CA-1, OK, an easement to Metro -Dade. But why, for the benefit of the citizens - not for the benefit of some people - why don't we determine also and try to negotiate with Metro -Dade, that whatever public works they I have to do, do it within a limited time, because, you know, look the problem that we have had with 8th Street. Take so much long. Let's put some condition-, to do it in a limited time. And then on CA-13, we are getting for the Police Department a horse trailer donated by Ms. Marilyn Passmore Lamp, 7 October 14, 1993 yes. But the thing is that within that horse trailer, we should put sane policemen, because they look - some of them, a few - they look more like animals than human beings. Mayor Suarez: All right. Mr. Gonzalez-Goenaga: Thank you very much. Mayor Suarez: Thank you, sir. Have a seat, Mr. Gonzalez-Goenaga. The word that you were using, I think, is a French word, and it's pronounced "facade," and that might help to straighten out the record and clarify it. But anyhow... Mr. Gonzalez-Goenaga: Well, I didn't go to Harvard. Mayor Suarez : ... it doesn't matter. In this community, I think, the more you speak different languages, the better. Mr. Cesar Odio (City Manager): For the record... Mayor Suarez: Yes, sir. Mr. Odio: For the record, on the actuarial assistance that we need, that's the most complex and... Mayor Suarez: Yeah. That is kind of an esoterical topic. Mr. Gonzalez-Goenaga: (Inaudible.) Mayor Suarez: No, sir. You're not on anymore, please. Mr. Odio: We are dealing with funds that are up to $500,000,000. We're dealing with payments that could be as high as $21,000,000 a year, and for that... Mayor Suarez: That is a very, very esoteric topic. Mr. Odio: And this report... Mayor Suarez: I do wish, however, that we did have our own in-house expert by now. Mr. Odio: I mean, that's an expertise... 8 October 14, 1993 ------------------------------------------------------------------------------- 2. RATIFY CITY MANAGER'S WAIVER OF RENTAL FEES FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY MIAMI-DADE COMMUNITY COLLEGE FOR BASEBALL PRACTICES AND GAMES (SEPTEMBER 1993 - APRIL 1994) -- EXECUTE AGREEMENT. Mayor Suarez: In any event, the next item, I think , that the Commissioners wanted to consider separately - I don't see Commissioner Plummer - was item 6. Commissioner Dawkins: Here he is. Seven and nine. We're waiting on you. I mean, whatever one you had. Commissioner Plummer: Item 6. Mr. Mayor - Mr. Manager, this is Community College. Are you assuring this Commission that they're going to be providing at this for no cost to the City? I mean, I don't think I should be subsidizing. Mr. Cesar Odio (City Manager): No, we're not going to subsidize them. Commissioner Plummer: But I mean, are they going to at least cover the City's cost? Mr. Odio: Yes. Commissioner Plummer: It will cost nothing to the City? Mr. Odio: That's correct. And what they've done is that... Commissioner Plummer: What is the $4,000? That will pay all of the cost? Mr. Max Cruz: That's correct, sir. Commissioner Plummer: OK. What about the surcharge? Mr. Cruz: They are not charging admission, sir, and when they charge admission... Commissioner Plummer: OK. There's no subsidy? Mr. Cruz: That's right. Commissioner Plummer: Mr. Mayor, I move item 6. Vice Mayor De Yurre: Moved. Is there a second? Commissioner Dawkins: Second it, Mr. Mayor. Vice Mayor De Yurre: Moved and seconded. Any further discussion? Call the roll. 9 October 14, 1993 J The following resolution was introduced by Commissioner Plumper, who moved its adoption: RESOLUTION NO. 93-631 A RESOLUTION, WITH ATTAOVErTI'(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL FEES FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY MIAMI-DADE COMMUNITY COL1,EGE FOR BASEBALL PRACTICES AND GAMES FROM SEPTEMBER 1993 THROUGH APRIL 1994, SAID WAIVER CONDITIONED UPON MIAMI-DADE COMMUNITY COLLEGE PAYING THE Ay0JNT OF $4,000 TO COVER PARTIAL COSTS AND EXPENSES FOR SAID USE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COrMMUNITY COLLEGE FOR SAID USE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Coninissioner 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 NOES: None. ABSENT: Mayor Xavier L. Suarez ------------------------------------------------------------------------------ 3. ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF CURTIS PARK SPORTS COMPLEX BY MIAMI SENIOR HIGH SCHOOL, OR ANY OTHER DADE COUNTY PUBLIC SCHOOLS WITHIN CITY OF MIAMI, FOR HOME FOOTBALL GAMES -- ALLOCATE $10,000 TO COVER COST OF TICKET SURCHARGE. ------------------------------------------------------------------------------ Vice Mayor De Yurre: What's your next item, J.L.? Have another one? Commissioner Plummer: My next item - only other item I have is the same questions in relation to number 9. Is Miami High playing at Curtis Park at no cost to the City? You know, I don't think I should have to subsidize the School Board. Mr. Alberto Ruder: The answer is yes, and we're even making money, depending on the attendance, because, for example, there's been - I have figures here on two games. On one game... 10 October 14, 1993 Commissioner Plummer: You don't have to go in... Mr. Ruder: OK. Commissioner Plummer: It's not costing the taxpayers of the City any money. I move item 9. Vice Mayor De Yurre: Moved, and .is theca a second? Mr. Cesar Odio (City Manager): I think by moving them to Curtis, we save the use of the Orange Bowl. Commissioner Plummer: I fully concur, Mr. Manager. Vice Mayor De Yurre: And then let me add, J.L., that... Commissioner Plummier: I just don't think that I should be subsidizing another agency of government who has the right to set a millage, whose mmillage is not at the max, like ours is. OK? Vice Mayor De Yurre: J.L., let me add that Miami High is elated with Curtis Park. They're really having a wonderful time there, and now, they finally consider that they have a home, and they're really making - in fact, the big game they had that they won, they thought about moving it to the Orange Bowl. About two or three weeks ago, they still played it at Curtis Park. They sold out the place, and it was really exciting for all the kids. Commissioner Plummer: Just for the record, also, Victor, my main concern in the inception of this was the problem of parking in and around that area, which has proven not to be that much of a problem. Vice Mayor De Yurre: Yeah. Commissioner Plummer: So for that, I'm also happy. Vice Mayor De Yurre: Particularly if we can get 75,000 people at the Orange Bowl, parking can't be much of a problem there. Commissioner Plummer: You're right. Vice Mayor De Yurre: OK. We have a motion. Is there a second? Commissioner Alonso: Yes, second. Vice Mayor De Yurre: Moved and seconded. Call the roll, please. 11 October 14, 1993 i The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-632 A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF CURTIS PARK SPORTS COMPLEX AND ITS FACILITIES BY MIAMI SENIOR HIGH SCHOOL AND/OR ANY OTHER DADE COUNTY PUBLIC HIGH SCHOOL LOCATED WITHIN CITY OF MIAMI CORPORATE LIMITS FOR HOME -BASED FOOTBALL GAMES; AUTHORIZING A GP.ANT(S), EFFECTIVE ONLY THROUGii OCTOBER 14, 1993, IN AN AMOUNT NOT TO EXCEED $4,000, TO COVER TICKET SURCHARGE COSTS FOR THE FIRST FOUR FOOTBALL GAMES, CONTINGENT UPON SAID GRANT(S) NOT EXCEEDING $1,000 FOR EACH OF THE FOUR GAMES; ALLOCATING FUNDS THEREFOR FOR SAID GRANT, IN AN AMOUNT NOT TO EXCEED $4,000, FROM FY193-94 SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND; AND AUTHORIZING THE CITY MANAGER TO ISSUE PARK PERMIT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). (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 NOES: None. ABSENT: Mayor Xavier L. Suarez 12 October 14, 1993 ------------------------------------------------------------------------------ 4.(A)APPROVE CITY MANAGER'S WAIVER OF RENTAL FEES FOR USE OF ORANGE BOWL STADIUM BY MIAMI NORTHWESTERN SENIOR HIGH SCHOOL AND MIAMI JACKSON SENIOR HIGH SCHOOL. (B)APPROVE CITY MANAGER'S WAIVER OF USER FEES AT CURTIS PARK FOR USE BY MIAMI SENIOR HIGH SCHOOL --- ALLOCATE $10,000. (C)INSTRUCT ADMINISTRATION TO NOTIFY THE SCHOOL BOARD THAT ANY FUTURE HIGH SCHOOL GAME SHALL BE PLAYED AT CURTIS PARK AND THERE SHALL BE NO FURTHER WAIVING OF USER FEE CHARGES. Commissioner Dawkins: OK. I pulled 7. Vice Mayor De Yurre: Go ahead. Commissioner Dawkins: Why is it that Miami High, a City of Miami school, is getting to play free in Curtis Park, and Miami Jackson and Miami Northwestern, City of Miami schools, are being - paying $4,000 to play in a City facility? I'd like to know that. Commissioner Plummer: May I ask a question, Miller? Commissioner Dawkins: Yes. Mr. Odio: The difference is... Commissioner Plummer: What is this that Miami High is playing free? Mr. Odio: No, no. Commissioner Plummer: I just asked the question. I... Commissioner Dawkins: They're going to allocate $10,000 from special appropriations to cover the cost. When you appropriate money, that's spending money. Commissioner Plummer: OK. Vice Mayor De Yurre: That's the surcharge. Mr. Odio: The difference, Commissioner Dawkins, is that when you play at the Orange Bowl, and you sell tickets, we have to have surcharge. So you... Commissioner Dawkins: Are they selling tickets at the Curtis Park? Mr. Odio: There is no surcharge at Curtis Park. Commissioner Dawkins: Are they selling tickets at the... Vice Mayor De Yurre: Well, I'm sure they're selling tickets at Curtis Park. Commissioner Dawkins: OK. Thank you. OK. Thank you. Hey, you and I both know that. Come on. 13 October 14, 1993 Mr. Odio: There's a surcharge at the Orange Bowl, that you agreed not to waive, to pay for the renovation of the Orange Bowl. Commissioner Dawkins: Are they selling tickets? .Are they selling tickets at Curtis Park? Mr. Alberto Ruder: Yes, yes, they are. Commissioner Dawkins: OK. Now, and they're selling tickets at the Orange Bowl? Mr. Odio: Yes. Mr. Max Cruz: That's correct. Commissioner Dawkins: Why would you have a surcharge at the Orange Bowl and not have a surcharge at Curtis Park? Commissioner Plummer: That's a damn good question. Mr. Odio: Besides the surcharge, there's additional expenses to run the Orange Bowl than there are at Curtis Park. Commissioner Dawkins: Wait now. Now, when you first... Mr. Odio: But the surcharge at the Orange Bowl, you - when we passed the surcharge, we agreed that it would never be waived, because you are paying for the renovation of the Orange Bowl. Commissioner Dawkins: OK. All right. Let's go back to 10. Commissioner Plummer: What about the renovation at Curtis? Commissioner Dawkins: You're not waiving - you're not waiving the surcharge at Curtis Park. You are appropriating $10,000 to cover the surcharge. Why can't you appropriate $10,000 to cover any surcharge for Miami High - I mean Miami Northwestern and Miami Jackson, if you're appropriating $10,000? Commissioner Plummer: Miller, let me tell you, I guess I'll take the opposite trek. Commissioner Dawkins: OK. Commissioner Plummer: You know, I don't think we should waive it for anybody; not for Miami High, nor for Northwestern. That is the money that when we spent to redo the facilities, we spent $17,000,000 on the Orange Bowl, and $5,000,000 on Curtis Park, and the surcharge monies was for purposes of reimbursing the fund of the monies that were spent. Commissioner Dawkins: I have no problem with what you said J.L., I'm in favor of it, but you just waived $10,000 for Miami High. Commissioner Plummer: Mr. Dawkins... 14 October 14, 1993 .:4iiht� S.s:lllihly_ Commissioner Dawkins: And now, you are telling me that - I mean, I'm going through all kinds of... I don't know what to keep from... Commissioner Plummer: No, no, no. I would like to reconsider item 7, and whatever is good for the goose is good for the gander. It's got to be. Mr. Ruder: Yeah. I just want to clarify something. In Curtis Park, this is not only for Miami High, but for any other high school within the City of Miami that plays in Curtis Park in the future, is going to play under the same deal. Commissioner Plummer: Excuse me. Vice Mayor De Yurre: Ideally, J.L., ideally, you know, we would like to have Jackson and Northwestern and all four of our... and Edison to play at that Curtis Park. It's made for them, and I think the issue... Commissioner Plummer: Well, why is Northwestern not at Curtis Park? Vice Mayor De Yurre: J.L., J.L., I think what we need to look at is, what is the actual cost of the Orange Bowl for a high school game. And... Commissioner Dawkins: No, Victor, no, I'm not going to let you all do that. You aren't going to do that. OK? Not this morning. Now, you may do this at i another meeting. OK? Now, you've sat up here and gave Miami High the Orange Bowl free... Commissioner Plummer: No, Curtis. Commissioner Dawkins:... and you're charging Miami Northwestern and Miami High $4,000 to play. Commissioner Plummer: No, Miami High is Curtis. Commissioner Dawkins: Now, you can't rationalize that away. OK? Now... Commissioner Plummer: Miami High is not going to the Orange Bowl. Mr. Cruz: Miami High is not playing at the Orange Bowl. Commissioner Alonso: Commissioner, what we can do is just move that it's given to them free. That's all. Commissioner Dawkins: And then, you can sit down with the School Board, Northwestern, and each athletic director from each school and tell there: "The City of Miami will make Curtis Park available to all of you. Now, what you have to do, School Board members, or School Board who, is make sure that each school works out its schedule to be able to play in that facility and there's no conflict." That's the way I would say to do it. Commissioner Plummer: How many people are expected for the Northwestern Game? Mr. Cruz: Commissioner, the Northwestern already went through. They had 3800 people at the game. The expenses that we're talking... 15 October 14, 1993 Commissioner Plummer: Thirty --eight hundred in the Orange Bowl? Mr. Cruz: Thirty-eight hundred at the Orange Bowl. Commissioner Alonso: Thirty-eight hundred? Mr. Cruz: I tried to move - I tried to send them to Curtis Park. They said that they couldn't move the date, because there was a game that day. I told them that the expenses were approximately $4,700. It was forty-seven something, $4717, expenses only. They agreed to pay the expenses. I told them the matter of the ticket surcharge. The ticket surcharge for that game went to $,1903, I believe, or $1917, something of that effect. That was the total amount of ticket surcharge. But expenses, only the expenses was $4,717. Commissioner Dawkins: OK. Is that less than $10,000, Mr. Cruz? The amount of money you're talking about, is that less than $10,000? Mr. Cruz: Yes, sir. Commissioner Dawkins: All right. You're giving $10,000 to Miami High, so why not give me $4,000? - not me, than. Vice Mayor De Yurre: It's not ten - it's a maximum of ten, and let me... Commissioner Plummer: Well, Miller, I'll tell you what. Vice Mayor De Yurre: J.L. Commissioner Plummer: I'll tell you what. Vice Mayor De Yurre: J.L., hold it. Commissioner Plummer: I'll go along to give them the $10,000, as long as it's understood this is the last time; that the School Board be instructed that any future games have to be played in Curtis; there will be no waiving of any charges; that the School Board will have to pick up those costs. They are a governmental agency with ten mills to spend like we do. Their millage is not L at max like ours. We can't be all things to all people. Commissioner Dawkins: But we can be some to one and not to the others, right? Do you agree? Do you agree? Commissioner Plummer: Did you hear my comment? Do this one. OK? Commissioner Dawkins: All right. Commissioner Plummer: Do this one with the full understanding that's the last time. From this... Commissioner Alonso: From this point, you explain to the School Board, as well as the different high schools. Commissioner Plummer: Very definitely. 16 October 14, 1993 Commissioner Alonso: They will have to be notified. Commissioner Plummer: Very definitely. Commissioner Alonso: So they'll have plenty of time to get the dates and coordinate. Commissioner Plummer: Miriam, it makes no sense to hold 3,800 people in the Orange Bowl. What does Curtis Park hold now? Mr. Ruder: Curtis Park holds about 4,000, and the attendance, for example, for one of the games was 948, and for the other one, it was 2,342. So it's just right for high schools. Commissioner Alonso: The Orange Bowl is a huge place. Commissioner Plummer: Oh, yeah, 75,000. Commissioner Dawkins: I agree, I agree. And I want the Miami Herald, the Miami Times, and everything else to understand. I agree with the concept. I do agree that we should not run up all those expenses at the Orange Bowl for the citizens of the City of Miami to pay for a high school game, but I'm still - all I'm saying is, if you're going to subsidize one, subsidize them all, or subsidize none. Commissioner Plummer: I will move at this time that both of these schools be granted the request as on the agenda, with the full understanding that the Parks and Recreation Department will so notify the School Board and the respective schools that from these games forward, they must expect to pay all expenses, including the surcharge. Commissioner Dawkins: I will vote for that motion, if you amend it to say that, 7, we will waive the four thousand seven - no, no, no - we will provide the funding to pay the $4,700 for Northwestern and Jackson, and we will make available the $10,000 to Miami High, since they have already scheduled their games to go in there, and we don't want to disrupt them. Commissioner Plummer: That's fine, sir. Commissioner Dawkins: OK. Commissioner Plummer: I have no problem with that, as long as it's understood that... Commissioner Dawkins: All right. I'll move it with the amendment. Commissioner Plummer: OK. Second. Commissioner Dawkins: I mean second it with the amendment. Vice Mayor De Yurre: OK. We have a motion and a second. Commissioner Alonso: He needs clarification. 17 October 14, 1993 Vice Mayor De Yurre: And just for the record, it says that - Miami High, I believe, play - what? Seven games at Curtis Park? Mr. Ruder: They're playing six and there's still three - about two more to go. So does this apply to next year's games, or does this apply to the next... Commissioner Plummer: I think it applies from this game forward. We're giving this one as a freebie. Mr. Ruder: OK. Commissioner Dawkins: Hey, we can't be all things to all people. Mr. Ruder: OK. Vice Mayor De Yurre: OK. We have a motion and a second. Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-633 A RESOLUTION, WITH ATTACHMENP(S), RATIFYING, APPROVING AMID CONFIRMING THE CITY MANAGER'S WAIVER FOR RENTAL FEES FOR THE USE OF THE ORANGE BOWL STADIUM BY MIAMI NORTHWESTERN SENIOR HIGH SCHOOL FOR A FOOTBALL GAME PLAYED AGAINST CAROL CITY SENIOR HIGH SCHOOL ON SEPTEMBER 3, 1993; AUTHORIZING THE ALLOCATION OF FUNDS THEREFOR, IN AN AMOUNP NOT To EXCEED $4,700, FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTIN= FUND, TO COVER GENERAL EXPENSES FOR SAID FOOTBALL GAME; AUTHORIZING THE CITY MANAGER TO EXEC't fI'E AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI NORTHWESTERN SENIOR HIGH SCHOOL FOR SAID USE, SAID AUTHORIZATIONS .AND APPROVALS CONTINGENT UPON MIAMI NORTHWESTERN SENIOR HIGH SCHOOL PAYING THE COSTS OF POLICE SERVICES AND ^lICKEP SURCHARGES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) m October 14, 1993 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez ------------------------------------------------------------------------------ 5. DISCUSS AND WITHDRAW CONSENT AGENDA 11 (CONSIDERATION OF PROPOSED RESOLUTION TO GRANT EASEMENT TO METROPOLITAN DADE COUNTY, MIAMI DADE WATER AND SEWER AUTHORITY DEPARTMENT -- CONSISTING OF A 20 FT. STRIP OF LAND ON BICENTENNIAL PARK FOR INSTALLATION / MAINTENANCE OF A 36-INCH WATER MAIN). Vice Mayor De Yurre: OK. Any further consent agenda items? Commissioner Plummer: I have no further ones. Vice Mayor De Yurre: OK. Commissioner Plummer: Wait a minute. On - did we discuss - he pulled 11. Mr. Manager, on 11, my question was, how much is the County paying us for that property? Hello? I'm calling collect. Mr. Cesar Odio (City Manager): They're not paying it. Commissioner Plummer: Why not? The taxpayers of this City paid millions of dollars for that property. Dade County doesn't give us a damn thing except the wrong time of day. Mr. Odio: Commissioner, this is where they're going to come in and put the pipe under, cover that. Commissioner Plummer: I don't care what they're doing. They're taking part of the City of Miami taxpayers' property. How much are they paying me for it? Mr. Odio: This is only an easement. This is just to put the pipe through it. Commissioner Plummer: That means I can't use it for what I want in the future. How much are they paying the City for that easement? Mr. Odio: I will withdraw the item until we - because this is for the sewer, the new lines. Commissioner Plummer: Mr. Manager, I understand that. 19 October 14, 1993 Commssioner Alonso: But can you build on top of an easement? You can. Mr. Odio: You can. Yes, you can. Yes, you can build... Commissioner issioner Alonso: So you're giving the line of the easement. Commssioner Plummier: Well., excuse me. Mr. Odio: Wait, excuse me. You can build on top of that easement. Commissioner Plummer: All of that pipeline is not going from downtown to Virginia Key underground. Commissioner Alonso: You can't. Mr. Odio: Yeah, he said we can. Commissioner Alonso: Excuse me. If you - excuse me, Commissioner. If you build on top of an easement and they have to go under... Commissioner Plummer: You pay for it. Commissioner issioner Alonso: ... whatever you have on top will have to cane down. Mr. Odio: But this is a park, Comdssioner. Commissioner Alonso: And it is your responsibility to put it back. Mr. Odio: But this is a park. Con dssioner Alonso: Because they couldn't care less. It is an easement, and if they do that on your property, regardless whether you are government or private citizen, the rules stand the same. Mr. Odio: This is a park, Commissioner. There is no future plans for building on top of it. Commissioner Alonso: You can never really be sure. Commissioner Plummer: Excuse me. Are we not talking with the Port of Miami about using Bicentennial Park? Commissioner Alonso: He doesn't know the location of the easement. Mr. Odio: Not me. Ms. Christina Cuervo: This doesn't fall in the area where that seaport expansion goes into. Mr. Odio: I'm not talking to the County about using Bicentennial Park. Commissioner Plummer: Hey, look. In the future, so you want to keep me quiet, don't cone before this Commission ever again giving something away without getting something in return. You know, I'm tired of going to the poor house in a limousine. 20 October 14, 1993 Mr. Odio: But wait, wait, wait. Commissioner Alonso: Ha -ha-ha. Mr. Odio: Because I think we are not giving anything away. I think we're getting something back in return. Without these lines, we're going to have a moratorium here for years to come. Commissioner Plummer: Mr. Manager, they use that threat and that kind of temperament every time they come here asking for something. Mr. Odio: It's not a threat. It's not a threat, Commissioner. It's a fact. Commissioner Plummer: $400,000,000 in the Water and Sewer Department. We gave it to them free. OK? Mr. Odio: All right, then, withdraw it. Mr. Jim Kay: Commissioners, we are getting some new pipelines and new water services over on Watson Island itself. Commissioner Plummer: OIC. Withdraw it from this agenda. Put it on the next one, and you come tell me what we're getting. Mr. Odio: The fact is, we're getting... Commissioner Alonso: And also, please, before you go, what is the exact location of this easement? Mr. Kay: It's on the north side of... Commissioner Plummer: ... the pumping station. Mr. Kay: ... of Bicentennial Park. It runs adjacent to the access road. Ms. Cuervo: It's in the attachment. Mr. Kay: It's right next to the Metromover. Commissioner Alonso: No, but I don't see it as clear. Commissioner Plummer: Well, that's on the very north side. Commissioner Alonso: The very end of it. Commissioner Plummer: Yeah. Well, also, Mr. City Attorney, I would hope that you would take Miriam's thoughts in mind and write in the contract that if we ever build on the top of it, and it has to be moved, it's going to be at their expense. Also, I would expect that there will be on everything that we do a reverter that if it's ever vacated, that it comes back to the City of Miami, that they can't sell it or give it away to somebody else. They have a great way of doing that - getting something from us, and then using it to negotiate something else. 21 October 14, 1993 Mr. Odio: By the way, they are - we had a problem at the Marine Stadium with water lines that was going to be costly to us and they are going to do that at their cost. So we are getting some other things. Commissioner Plummer: Yeah. No, no, that was for the other thing. Commissioner Alonso: We have given them twelve hundred million in property, so I think we have given enough. Commissioner Plummer: It wasn't in property. Commissioner Dawkins: Mr. City Attorney, don't waste too much time drafting anything that says they can't do what they want. The City of Miami gave - I mean, the City of Miami gave away multi- million dollars to the University of Miami, and got some half scholarships that ended up being nothing, and J.L. Plummer moved it. Commissioner Plummer: Hello? You need a taller logbook? Where are we, Mr. Vice Mayor? Commissioner Dawkins: On 11. Vice Mayor De Yurre: We're going to defer 11? Commissioner Dawkins: I'm not the Vice Mayor. Ms. Matty Hirai (City Clerk): It's been withdrawn. Commissioner Plummer: OK. Well, he was going to withdraw it till the next meeting, so that takes care of it. Mr. Odio: No. I'll withdraw it till November. Commissioner Plummer: OK. Vice Mayor De Yurre: OK. Item 11 is withdrawn. Vice Mayor De Yurre: Madam City Clerk, have we covered all of the consent agenda items? Ms. Hirai: If you would, Mr. Vice Mayor, one motion collectively to pass the all the items. 22 October 14, 1993 --------. ---------------------------------'-__-- 6. (A) ACCEPT PROPOSAL OF E. ROGER BUDNY, BUDNY AND HEATH, INC. -- TO APPRAISE THE FAIR MARKET VALUE / RENT OF THE MIAMI SPRINGS GOLF COURSE (650 CURTISS PARKWAY), SUBJECT TO ADMINISTRATION VERIFYING THAT NEEDED FUNDS ARE IN PLACE FOR PURCHASE OF SAID FACILITY. (B)COMMISSIONER PLUMMER DIRECTS THE CITY MANAGER TO OBTAIN A LETTER OF INTENT FROM THE CITY OF MIAMI SPRINGS PROVING THAT IT HAS THE WHEREWITHAL AND THE CAPABILITY OF PRODUCING AT LEAST $5,000,000 IN CONNECTION WITH PROPOSED ACQUISITION OF THE MIAMI SPRINGS GOLF COURSE, PRIOR TO THE CITY'S SPENDING $7,500 FOR THE REQUIRED APPRAISAL ON SAID PROPERTY. I----.--------------------------------------'---------------------------------- Commissioner Plummer: Can I say I made a mistake? Item 12. Mr. Manager, I'm concerned on the $7500 you're paying for an appraisal. That property has got to be worth in excess of $5,000,000. I would want some kind of a commitment before I spend $7500 of City money that the City of Miami Springs, who is the main person who - probably the only person who would buy it, because you can't build on top of a water shed - that they are capable of producing the amount of money around $5,000,000 that is going to take to buy that property. Mr. Cesar Odio (City Manager): Well, we have had, as you are aware, conversations with Dade County. At one time, they wanted to buy the golf course and keep it as a golf course. They came in with a low offer. We turned them down. Commissioner Plummer: Sure. They want everything for nothing. Commissioner Alonso: I remember. Mr. Odio: Now, the City of Miami Springs has also indicated they would be interested, and that's why we're doing appraisals. Commissioner Plummer: OK. Mr. Manager, what I'm saying to you is that on item 12, that prior to you signing a contract to spend $7500, you get a letter of intent from the City of Miami Springs that they have the wherewithal and the capability of producing at least $5,000,000 for the purchase, because I'm going to tell you right now, if they... Mr. Odio: Well, excuse me, save the appraisal. Let's save the... Commissioner Plummer: ...for this vote, if they don't have $5,000,000, they ain't buying that golf course. That is how many acres? Ms. Christina Cuervo: It's 183 acres. Commissioner Plummer: A hundred and 83 acres of prime land. Mr. Odio: Why are we bothering doing the appraisal, then? If that's your asking price, we don't need an appraisal. Why waste the $7500? If the appraisals come in at... 23 October 14, 1993 Commissioner Plummer: Excuse me. You didn't understand. No less than. I didn't say that was my price. No less than. Mr. Odio: Then I would suggest we don't appraise the property. Commissioner Alonso: The reason you are doing the appraisal is... Mr. Odio: ... is to find the real value. Commissioner Alonso: ... to sell or to rent? Ms. Cuervo: There's two reasons. We're primarily doing it to sell because the City of Miami Springs has expressed an intent to purchase the property, but if they don't go through with it... Commissioner Alonso: I couldn't care what is the intent that they have. I don't want to sell. But for my vote, I... Ms. Cuervo: OK. There is a second reason. If that does not go through and we don't like the offer they make us, then we would like to put out an RFP (Request for Proposals) so we can rent the facility. So we need an appraisal anyways for that purpose. And what we're asking for .in the appraisal is both market rent and a fair market value, so we can do either/or. Commissioner Alonso: Right. And when you rent the facility, you will include the expense of this $7,000 that you have used. Ms. Cuervo: In the RFP that we put out, we ask our proposers to cover all of our costs. Commissioner Plummer: You know, that's well and good. Are you going to spend the money to build a new clubhouse? Because I want to tell you something. It is an absolute disgrace to have the name of the City of Miami on the present clubhouse. Ms. Cuervo: Well, the roof has just been repaired, and that's something we'd look for in the PIT, if we put it out... Commissioner Plummer: That only took five years to get done, while the water came in all over everybody. Ms. Cuervo: I understand. Commissioner Plummer: Now, you know, to me, if you're not going to redo the clubhouse and you're not going to redo the facilities, don't rent it. Ms. Cuervo: That's the reason we'd go out for an RFP, so we could get somebody to go in there and redo it. Commissioner Plummer: OK. As long as it's understood I would want to see a letter that they have the ability and the capability of at least producing no less than $5,000,000, if that's acceptable, I'll move. Do I need to reconsider that, or just accept it as an ... accept it? Move it. I move that provision be included. 24 October 14, 1993 Vice Mayor De Yurre: OK. Is there a second? Commissioner Dawkins: Second. Vice Mayor De Yurre: OK. Now, as a total, we have a motion to approve the consent agenda as presented, except for item 11, which has been withdrawn. Ms. Hirai: Yes. Commissioner Plummer: Yeah. Vice Mayor De Yurre: Second. Commissioner Alonso: It was seconded. Vice Mayor De Yurre: OK. Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-634 A RESOLUTION, WITH ATTAO-IMENT, ACCEPTING THE PROPOSAL OF E. ROGER BUDNY, BUDNY AND HEATH, INC., A NON - MINORITY APPRAISER AND MEMBER OF THE APPRAISAL INSTITUTE, TO APPRAISE THE FAIR MARKET VALUE AND FAIR MARKET RENT OF THE MIAMI SPRINGS GOLF COURSE, LOCATED AT 650 CURTISS PARKWAY, MIAMI SPRINGS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FOR A FEE NOT TO EXCEED $7,500; ALLOCATING FUNDS THEREFOR FROM THE ACCOUNT ENTITLED "PROFESSIONAL SERVICES - APPRAISALS," ACCCxJrU NO. 590401-220, 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 De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez 25 October 14, 1993 i __-------.------------------------------------------------------------------'--- 7. DISCUSS AND DEFER TO NEXT MEETING AGENDA ITEM 2 (PROPOSED EMERGENCY ORDINANCE TO AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS], THEREBY CHANGING THE STREET EXCAVATION PERMIT FEE TO ESTABLISH A FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF - WAY BY PRIVATE COMMUNICATIONS SYSTEMS) FOR FURTHER STUDY. Vice Mayor De Yurre: OK. Item number 2, emergency ordinance. Commissioner Plummer: We're going to get out of here before 5:00. We've got to come back, but we'll get out before. Mr. Jim Kay: Mr. Vice Mayor and members of the Commission, this is an emergency ordinance which establishes a telecommunications... Vice Mayor De Yurre: Hold it, hold it. We need four votes for this, and we only have three up here so let's move on to item number 3. Is that an emergency? These are all emergencies. Commissioner Plummer: This is the balance the budget act. Vice Mayor De Yurre: OK. Commissioner Plummer: Isn't this on the telephone wires, and so vouch per foot? Mr. Cesar Odio (City Manager): We have an agreement with her clients there. Commissioner Plummer: OK. How much are we getting? Mr. Kay: Mr. Commissioner, everything in the ordinance, I believe, they agree with, with the exception of the annual fee shown on page 4 of the ordinance. Commissioner Plummer: Tell me how much. Mr. Kay: It is a graduated scale for the existing system, with all new systems or additional systems coming in at 75 cents a lineal foot. The graduated scale for the existing... Commissioner Plummer: Wait, wait, wait a minute. 75 cents a foot. What were you asking prior? Mr. Kay: For all new systems coming in. Commissioner Plummer: OK, new systems. Mr. Kay: For the existing system, we have a graduated scale, which changes annually, as of October 1st, and that is on October 1st of 1993, 15 cents a lineal foot; October lst of 1994, 25 cents a lineal foot. Commissioner Plummer: As opposed to what you were asking for at the last meeting. 26 October 14, 1993 Mr. Kay: Well, at the last meeting, the ordinance was presented as $1.65 a foot. Commissioner Plummer: We spoke in mileage at the last meeting. Mr. Kay: We had - as of that last meeting, we had negotiated, I think, about 85 cents. Commissioner Plummer: My question is, how much did you have to compromise? Mr. Odio: What is the agreement? Mr. Kay: Pardon? Mr. Odio: Tell him what you compromised. Mr. Kay: Well, we originally had started out at $1.65 a lineal foot in the original ordinance. Commissioner Plummer: And you're down to 15. Mr. Kay: Down to 15. Commissioner Plummer: I'd say that's a hell of a compromise. Mr. Kay: It sure it. Lucia Dougherty: Commissioner Plummer, you may recall, though, that State law gives them ten cents, and that's - we've really compromised quite a bit, as well. Commissioner Plummer: Mr. Manager, do you think that's fair? Mr. Odio: No. But I'd rather have this than nothing at all. Vice Mayor De Yurre: Mr. Mayor, I'd like to defer this item. Ms. Dougherty: This is 35 cents over five years. Vice Mayor De Yurre: Excuse me, excuse me, excuse me. Ms. Dougherty: Yes, sir. Vice Mayor De Yurre: Excuse me. I'd like to defer this item. Mayor Suarez: You don't mean "table," you mean "defer"? l Vice Mayor De Yurre: Defer it. Mayor Suarez: Moved to defer. Commissioner Plummer: Till the next meeting? 27 October 14, 1993 Vice Mayor De Yurre: Yeah. Commissioner Plummer: OK. Commissioner Alonso: How important is this funding to the City of Miami? Mr. Odio: All funding, all revenues are important, Commissioner. I'd rather have what we asked for. The reason that we brought back a compromise is that if we end up in court, it could take years before this is decided. So at least we're: getting some revenues now. But:... Commissioner Plummer: Yeah, but Mr. Manager, you were talking 2,000,000 before, and now, you're talking for the elephants, peanuts. Mr. Odio: It's true. It is true. I said it, you know. Commissioner Plummer: May I ask a question while we're on the subject? I assume we all read where TCI (Telecommunications, Incorporated)... Mr. Odio: ... was purchased by Bell South. Commissioner Plummer: ... is sold. Do they have the right to sell without this Commission's approval? I don't think so. Mr. Odio: TCI has to come here, I believe. Commissioner Plummer: Hello, Dolly. Miller, you hear that? Mr. Odio: Wait, wait, wait. He says I'm wrong, but I thought that they had to, before they transferred ownership. Commissioner Plummer: They cannot sell more than five percent of their stock without this Commission's approval, you know? Well, hello, Dolly. Mayor Suarez: You mean they can - it's not that they can't sell it. It's that they can't maintain the franchise agreement with us without our... Commissioner Plummer: They cannot transfer any stock. Mayor Suarez: All right. But, I mean, don't make it sound like, you know, TCI, which is one of the biggest cable companies in the world, cannot transfer a certain amount of stock without our approval. I mean, it would be nice if that were the case, you know. Commissioner Alonso: But what about the franchise? Commissioner Plummer: Mr. Mayor, unless they didn't put it in... Mayor Suarez: The franchise is what could be in jeopardy. Commissioner Plummer: Oh, oh, I'm sorry. A. Quinn Jones, III, Esq. (City Attorney): You're talking about the parent company, as opposed to the subsidiary. 28 October 14, 1993 Commissioner Plummer: I'm talking about the TCI franchise in the City of Miami. Mr. Jones: That's TCI of Miami. Commissioner Plummer: They could not transfer more than five percent of their stock. Mr. Odio: May I send you a report? I'll write a report today. Mr. Jones: Yeah. There is a stipulation on it. Commissioner Plummer: Well, you better tell them, before they accept a check, that we're looking. Commissioner Alonso: That's OK. They just don't have the franchise with the City of Miami. Commissioner Plummer: Good morning, sunshine. Commissioner Alonso: Ha -ha-ha. Mayor Suarez: What is the reason for the motion to defer? Vice Mayor De Yurre: I need to look at this further. I'm not sure that's a good deal for the City. Commissioner Plummer: Well, Mr. Mayor, you know, to back up my colleague, when you go from a dollar and what - proposed... Mr. Kay: A dollar sixty-five. Commissioner Plummer: From $1.65 down to 15 cents per linear foot, I kind of agree that we need to look. Ms. Dougherty: It's 35 cents a linear foot, on an average. It's not 15 cents. It's 35 over five years. Mr. Kay: It's a graduate scale. The first year starts out at 15; the next year, 25; the year after that, 35. Mayor Suarez: Does it work out to be 35, as counselor just... Commissioner Plummer: Over a five-year period, it works out to be 35 cents a linear foot. Commissioner Plummer: OK. Still, I think that, you know, where the Manager cam and said was it a good deal, his answer was no. Had he said yes, I might have thought differently. But with the Manager saying no, I think we need to go back and relook at it. Mayor Suarez: Moved and seconded for deferral. Please call the roll. 29 October 14, 1993 The .following motion was introduced by Vice Mayor De Yurre, who moved its adoption: MOTION NO. 93--635 A MOTION TO DEFER NEXT CITY COMMISSION MEETING CONSIDERATION OF AGENDA ITEM 2 (PROPOSED EMERGENCY ORDINANCE TO AMEND CODE CHAPTER 54 ( "STREETS AND SIDEWALKS") TO CHANGE TIME STREET EXCAVATION PERMIT FEE BY ESTABLISHING A FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATIONS SYSTEMS, ETC.) FOR PURPOSES OF FURTHER STUDY AND REVIEW BY THE ADMINISTRATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez ABSENT: Commissioner Miller J. Dawkins I Ms. Dougherty: Thank you. ------------------------------------------------------------------------------ 8. EMERGENCY ORDINANCE: AMEND 10938 (AS IT PERTAINS TO SPECIFIED PROJECTS IN THE GENERAL GOVERNMENT, PARKS AND RECREATION, PUBLIC FACILITIES, TRANSPORTATION AND PHYSICAL ENVIRONMENT PROGRAM AREAS) -- BY REVISING PREVIOUSLY APPROVED APPROPRIATIONS TO SCHEDULED CAPITAL IMPROVEMENT PROJECTS, ETC. ------------------------------------------------------------------------------ Mayor Suarez: Item 3. Emergency ordinance amending Section 1, et cetera. Commissioner Plummer: Move it. Mayor Suarez: Moved, seconded. Any discussion? If not, please read the ordinance. Commissioner Plummer: Excuse me. State the reason for the emergency. Mayor Suarez: Thank you. Mr. Eduardo Rodriguez: The emergency is declared - this ordinance is declared an emergency so that funds can be in place immediately for the continuation of 30 October 14, 1993 projects, you know, reconstruction projects, some hurricane construction projects, the payment of interest earning that we have to do to the State of Florida for grants, and the award of bids. Commissioner Plummer: I'd hate for you to have to defend that in court, but call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10938, ADOP11D DECEMBER 5, 1991, AS AMENDED, THE CAPITAL IMPROVEMENIS APPROPRIATIONS ORDINANCE, AS IT PERTAINS TO SPECIFIED PROTECTS IN THE GENERAL GOVERNMENT', PARKS AND RECREATION, PUBLIC FACILITIES, TRANSPORTATION AND PHYSICAL ENVIRONMENT' PROGRAM AREAS, BY REVISING PREVIOUSLY APPROVED APPROPRIATIONS TO SCHEDZJLED CAPITAL IMPROVEM1ENP PROJECTS AND BY ESTABLISHING NEW CAPITAL IMPROVED= PROJECTS BEGUN DURING FY'93, ALL IN THE AMOUNTS AID FROM THE SOURCES SPECIFIED HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITYY CLAUSE. Was introduced by Commissioner Plummer and seconded by Vice Mayor De Yurre, 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 J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor De Yurre, adopted said ordinance 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 SAID ORDINANCE WAS DESKNATED ORDINANCE NO. 11094. 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. 31 October 14, 1993 -------------------------------------------------------------------------------- 9. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC), SECTION 35-193 OF ARTICLE VIII (COCONUT GROVE PARKING IMPROVEMENT TRUST FUND) -- PROVIDE FOR ONE-YEAR TERMS OF OFFICE FOR ALL MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE. Mayor Suarez: Item 4. Commissioner Plummer: I don't find whose term are up. Mayor Suarez: Just a term issue is all it is here? Mr. Joe McManus: Item 4 is establishing all terms one year. Mayor Suarez: I'll entertain a motion on the item. Commissioner Plummer: Instead of what? Mr. McManus: Instead of staggering so many for one year, and so many for two years, and so many for three years. Mayor Suarez: That's good. Commissioner Alonso: That make sense, yes. Mayor Suarez: Any time we simplify the system and regularize the terms, that's... Commissioner Plummer: Well, Mr. Mayor, may I inquire at this point? This Commission had discussion before in reference to terms of boards' appointments running concurrent with the Commissioner who appointed them, and I think that's a pretty damn good idea. Mayor Suarez: Except I really would suggest you leave that battle for the future Commissions, please. Commissioner Plummer: The new Commission. OK. I still think it's a good idea. What would that - this is a one-year term? Mr. McManus: Everybody has a one-year term. Commissioner Plummer: OK. Mr. McManus: So they'll be back again in another year. Commissioner Plummer: I move it, Mr. Mayor. Mayor Suarez: So moved. Commissioner Alonso: Second. 32 October 14, 1993 Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENrITLED- AN EMERGENCY ORDINANCE A M11DING CHAPTER 35 OF IIHE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC" THEREBY AMENDING SECTION 35-193 OF ARTICLE VIII "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND" TO PROVIDE FOR ONE YEAR TERMS OF OFFICE FOR ALIT MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE, CU,1MENCING, WITH THE EFFECTIVE DATE OF THIS ORDINANCE. Was introduc d by Commissioner Plummer and seconded by Commissioner Alonso, 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 Plummer and seconded by Commissioner Alonso, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11095. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Plummer: Did we put on the record the reason for the emergency? Mr. McManus: The reason for the emergency... Commissioner Plummer: I mean, you've known about it for years, but now, it's an emergency. 33 October 14, 1993 Mayor Suarez: Yeah, please, please put that on the record. Mr. McManus: The reason for the emergency is that this is tied in with the Coconut Grove Parking Trust Fund, and funds based on... Commissioner Plummer: Which was established about six months ago. Mr. McManus: ... invoices were - funds began to accrue July 25th, and this committee was established to advise on those fund expenditures. ------------------------------------------------------------------------------- 10. CONFIRM APPOINTMENTS TO COCONUT GROVE PARKING ADVISORY COMMITTEE. (Confirmed were: Robert Masrieh, Randy Hill, Tom Moore, David Gill, Tucker Gibbs, Rick Holton, Denise Wallace, Richard Curry & Ted Stahl.) ------------------------------------------------------------------------------- Commissioner Plummer: You know, I appointed somebody to this committee, and I don't see the name here. How come it's not? Mr. Joe McManus: The committee appointments were by a formula, where the Coconut Grove Village Council offered names, the Coconut Grove Chamber of Commerce... i Commissioner Plummer: I'm sorry. I stand corrected. The name is here. It's on the top line. I'll move item 5. Mayor Suarez: All right. So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll on 5. The following resolution was introduced by Camiissioner Plummer, who moved its adoption: RESOLUTION NO. 93-636 A RESOLZTI'ION CONFIRMING APPOINTMENTS TO THE COCONUT GROVE PARKING ADVISORY COMMITTEE AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 34 October 14, 1993 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Conmi.ssioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 11. EMERGENCY ORDINANCE: AMEND 11001 -- INCREASE FY'93 BUDGET APPROPRIATIONS FOR DEPARTMENTS OF: POLICE; FIRE -RESCUE; PARKS & RECREATION; PUBLIC WORKS; CONFERENCES, CONVENTION AND PUBLIC FACILITIES; SOLID WASTE; GENERAL SERVICES ADMINISTRATION; PENSION AND SELF-INSURANCE -- AS A RESULT OF CONTINUED EXPENDITURES RELATING TO HURRICANE ANDREW AND OTHER BUDGETARY ADJUSTMENTS. Mayor Suarez: Item 6, emergency ordinance. Commissioner Plummer: Move it. Mayor Suarez: Moved. Mr. Manuel Gonzalez-Goenaga: Excuse me. Mayor Suarez: Technically, we don't hear from you at this time. Mr. Gonzalez-Goenaga: No, no, it's... Mayor Suarez: A point of clarification, or order, or whatever. What do you need, Mr. Gonzalez-Goenaga? Mr. Gonzalez-Goenaga: Well, the thing is, Mr. Mayor... Mayor Suarez: Yes, sir. Mr. Gonzalez-Goenaga: ... is that if it requires four fifths on an ordinance, and it's just going to be passed, I think that we need a public hearing. And then if you're going to have an emergency issue, it's a matter of procedure, and I'm not the attorney for the City of Miami, and I think I have a right to speak, if you guys are going to... Mayor Suarez: Go ahead and give your statement in two minutes or less, according to the code. It's just not worth it to argue with you, because it will take more than two minutes to argue with you. 35 October 14, 1993 Mr. Gonzalez-Goenaga: Well, I know I am always at a loss, Mr. Mayor, and as I did tell Steve Clark while he was Mayor of Dade County, you will leave... Mayor Suarez: Mr. Gonzalez-Goenaga, you've got two minutes for your remarks. I would suggest you stick to whatever it is about item 6 that you're concerned about. Mr. Gonzalez-Goenaga: Yeah. We are talking about big money here, regarding additional expenditures during fiscal year 1993. That ended already. Commissioner Plummer: That's from Andrew money. Mr. Gonzalez-Goenaga: The result of increased claim payments for vehicle liability, workmen's compensation, and court order legal cost. Anthony Edwards settlement and higher group insurance. Look, Commissioners, and I'm going to finish. Commissioner Plummer: Manny, are you aware that this is FEMA money that was sent to us to do the repairs? Mr. Gonzalez-Goenaga: Well, but FEMA money for vehicle liability, compensations, and other .legal costs. f Commissioner Plummer: Yes, sir. Mr. Gonzalez-Goenaga: In other - the Anthony Edwards issue is being paid by FEMA. Oh, they must be dumb! Commissioner Plummer: No, no. Well, I won't argue on that point. The point of it is that these are things that the Administration were doing to pay for in '93 the work that they did, from the money the received, either from FEMA or the insurance. That's all it is. Mr. Cesar Odio: This is just adjusting the books so that we can meet the internal auditors' request. We're spent monies that were not in the budget in the first place that were received from FEMA. We have to account for them, and that's all we're doing here. Mr. Gonzalez-Goenaga: Yes, I understand, but where it says here in the proposed ordinance that also, plus, you know - this issue - this is the vaseli.ne issue. I don't think that court order, legal cost... Mr. Odio: We had to pay the Anthony Edwards... Mr. Gonzalez-Goenaga: Edwards, Anthony Edwards settlement. Mr. Odio: It's adjusting those payments that we had to make. They were not in the budget, Manuel. They were not in the budget. Mr. Gonzalez-Goenaga: Oh, I see. And then one question. How many other things are not in the budget? Because when I read the financial statement of last year - the audited financial statements... 36 October 14, 1993 Commissioner Plummer: Things not in the budget were those wiped away by Andrew. Mr. Gonzalez-Goenaga: ... and I did learn in my stupidity that the first thing you read in a financial statement are the notes. And I did find in last year's notes of the financial statement that there are incurred, but unreported liabilities of $40, 000, 000. If I use some kind of common sense, and I don't... Mr. Odio: That's the self-insurance fund. Mr. Gonzalez-Goenaga: And what's the amount of the self-insurance fund right now? Mr. Odio: On the self-insurance, if you have the possibility of a lawsuit, they put it down, and we may or we may not have to pay. But the fact is that self - that's why the self-insurance fund... Mr. Gonzalez-Goenaga: But it says in the financial statements on page 56... Mr. Odio: Yes. Mr. Gonzalez-Goenaga: ... incurred, incurred, but not reported. And I don't think that the accountants are going to play around with the citizens. On page 56 of the 35 financial statements, it says liability incurred, but not reported. Mr. Carlos Garcia: Every year there is an actuarial report that is done on the self-i surance fund, and out of - last year, ther was $16,000,000 in liabilities incurred, but not reported. Mr. Gonzalez-Goenaga: Right. Mr. Garcia: In addition that, there were some other liabilities incurred and reported. Mr. Gonzalez-Goenaga: I see. Mr. Garcia: But there is an actuarial study that comes out with that number every year. Mr. Gonzalez-Goenaga: Well, the thing is that - and to finish, even though the Mayor is talking with his buddy - my dear friends, we should put into the record the series that the Miami Herald has said regarding the City, because it totally contradicts what the Mayor said in the state of the City. So this is a Tale of Two Cities, as the perception of the Miami Herald, and as the perception of the retiring Mayor of Miami. i i Mayor Suarez: Sir, since I'm retiring, you're retiring, too. Have a seat. That's the end of your two minutes. Mr. Gonzalez-Goenaga: OK. But I shall return, and you will not. Mayor Suarez: All right, sir. 37 October 14, 1993 0 Mr. Gonzalez-Goenaga: Thank you. Mayor Suarez: I'll be around, I'll tell you that. Mr. Gonzalez-Goenaga: But... Mayor Suarez: I have a feeling you and I are going to have some nice discussions over at E1 Pub. Have a seat for the meantime. Mr. Gonzalez-Goenaga: And I hope you help me, Mr. Mayor. Mayor Suarez: We've got people from the general public that need to be heard on other agenda items. Commissioner Plummer: Justify the emergency on 6. Mr. Odio: The item is being presented on an emergency basis due to the need to make adjustments to the Citywide financial records. Commissioner Plummer: I move it. Mayor Suarez: Moved. Somebody is shuffling papers. That sounds like a second. Thank you. Commissioner Alonso: Ha -ha-ha. Yes. Mayor Suarez: Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1, 2, 3, 4, 5 AND 6 OF ORDINANCE N0. 11001, THE ANNUAL APPROPRIATIONS ORDINANCE, ADOPTED SEPTEMBER 24, 1992, FOR THE PURPOSE OF INCREASING THE FY'93 BUDGET APPROPRIATIONS FOR THE POLICE, FIRE, RESCUE AND INSPECTION SERVICES, PARKS & RECREATION, PUBLIC WORKS, CONFERENCES, CONVVENTION AND PUBLIC FACILITIES, SOLID WASTE, GENERAL SERVICES ADMINISTRATION, PENSION AND SELF INSURANCE DEPARTMENTS AS A RESULT OF CONTINUED EXPENDITURES RELATING TO HURRICANE ANDREW AND OTHER BUDGETARY ADJUSTMENT'S THAT ARE REQUIRED FOR THE FY'93 BUDGET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 38 October 14, 1993 Was introduced by Commissioner Plummer and seconded by Commissioner Alonso, 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Alonso, adopted said ordinance by the following vote: { AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. i ABSENT: Vice Mayor Victor De Yurre SAID ORDINANCE WAS DESIGNATED ORDINANCE No. 11096. 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. 12. - FIRST READING ORDINANCE: AMEND CODE CHAPTER 54 -- ADD NEW ARTICLE XI, THEREBY REQUIRING THAT PAY TELEPHONE COMPANIES ENTER INTO PERMIT AGREEMENTS WITH THE CITY OF MIAMI FOR THE ERECTION / CONSTRUCTION / RECONSTRUCTION / INSTALLATION / OPERATION / MAINTENANCE DISMANTLING / TESTING / REPAIR AND USE OF PAY TELEPHONES IN / UPON / ALONG / ACROSS / ABOVE / OVER AND UNDER PUBLIC RIGHTS -OF -WAY; SUBJECT TO CERTAIN CONDITIONS, AND SUBJECT TO REMOVAL OF DESIGNATED PAY PHONES AS REQUESTED BY THE ADMINISTRATION -- CITY TO KEEP CONTROL OF DESIGN OF THE BOOTHS. ------------------------------------------------------------------------------ Mayor Suarez: Item 7, first reading. Commissioner Plummer: I'll move it, Mr. Mayor, with the following... Mr. Cesar Odio (City Manager): Mr. Mayor. Commissioner Plummer: What? Commissioner Alonso: This, we need to hear. Mr. Odio: Before you do, I had an all day meeting yesterday with some neighborhoods on some things, and we are having problems with telephones, public telephones in some areas that are being used for drug dealing. Mr. Jim Kay: Oh, yeah. Commissioner Plummer: Oh, ho! Grand Avenue? Mr. Odio: No, no - yeah. Commissioner Plummer: Every one of them is a switchboard for the distribution and sale of cocaine. Commissioner Alonso: Yes, I know. Mr. Odio: Well, that's one of it. We have asked the telephone company to remove them. They are refusing to do so. Mr. Kay: This is in our - for any pay telephones in the right-of-way, we do have the authority to, because they're a nuisance, and remove them. Commissioner Plummer: Excuse me. You know how - let me tell you. It's a very simple thing how you beat it, all right? Make them put in rotary phones, not touchtone. OK? Mr. Odio: Right, but we... Commissioner Plummer: And then they can't use them for coke sales. 40 October 14, 1993 Mr. Odio: But right now, we asked them to remove ten telephones, and they are refusing to do so, and I want to see... Commissioner Plummer: Who? The phone company? Mr. Odio: Yes. Commissioner Plummer: I move to deny - I move to defer. Unidentified Speaker: Oh, no, no, no. Mr. Lucia Dougherty: Mr. Mayor... Mr. Odio: Wait before you do that, because we need this, but I just want to make sure that we have the right, and you are here, to remove phones that we - the Police Department considers that they are a civic nuisance. Mr. Kay: That is in the ordinance. Ms. Dougherty: Absolutely, absolutely. Commissioner Plummer: Well, just take them out and send them back to them. Ms. Dougherty: No, there's no question that you do under this ordinance. Commissioner Plummer: OK. The problem... Mr. Odio: No. Lucia, before you leave, I want it heard, is, I will give you a list of the phones we want removed within a week. Ms. Dougherty: Mr. Manager, I represent the Florida Pay Telephone Association. This is the very first ordinance of its kind in the State of Florida. It is - we worked it out - it's a very, very generous commission to the City of Miami, and we want to self police ourselves. And we totally agree with the Manager, if they are a public nuisance, you give us a list, and we'll police ourselves and remove those phones. Mr. Odio: I want to make sure you said that. Commissioner Plummer: Is this other than Southern Bell and AT&T (American Telephone and Telegraph)? Ms. Dougherty: Everybody but them. Commissioner Plummer: Everybody but them. Ms. Dougherty: But Southern Bell will come under this ordinance when their franchise is over. Mr. Odio: And you will have... Commissioner Plummer: OK. My question is - go ahead, you finish, then I'll go. 41 October 14, 1993 Mr. Odio: No. I want to give her a list today. Ms. Dougherty: I'll take it, absolutely. We are totally committed to do that. Mayor Suarez: Yeah. In fact, we can pass it subject to that. We can pass it subject to that, Mr. Manager. Commissioner Plummer: OK. Commissioner Alonso: Exactly, exactly. Commissioner Plummer: That's right. Mayor Suarez: We can pass it subject to that. That way, we'll know that right of the bat, it's working correctly. Commissioner Plummer: To the Administration, are we getting a percentage? How do we derive our revenue from this source? Ms. Dougherty: You get 17 percent of our gross sales, not discounting anything. Commissioner Plummer: Is that gross, in other words interstate? Mayor Suarez: That's what she just said, yeah. Ms. Dougherty: That's what I just said. Mayor Suarez: Not discounting anything. Commissioner Plummer: Interstate, as well? Long distance, as well as local. Ms. Dougherty: Everything, everything that we get, you get... Mr. Kay: It is gross, gross revenue. Ms. Dougherty: It is gross. Commissioner Plummer: OK. "(.gross" tans everything. Mr. Kay: It's on page 6, yes, sir. Mr. Odio: For the record, Lucia... Commissioner Plummer: All right. My... Mr. Odio: Oh, I'm sorry, Commissioner. I'm sorry. Because... Commissioner Plummer: My concern is still, as I brought up here once before, some of these companies are putting up billboards to say, here is a phone, and that ad they got up there in the air is nothing more than a legal billboard. I would want control that we have the little Southern Bell - excuse me - the little pay phone booth that we've always known, and none of this stuff reaching up to the sky with free billboard advertising. 42 October 14, 1993 Mayor Suarez: Can you control that under existing ordinances, Jim; the placement of signs that make it seem like it's a whole billboard, instead of just a little sign indicating there's a phone there? Mr. Kay: The Department for Phones and the Right -of -Way will set standards as established in the ordinance for those phones. Commissioner Plummer: OK. And write into it that we keep control over design. All right? Mr. Kay: Yes, sir, we do. We do. Commissioner Pliumler: Because let me tell you what happened in this particular case that I brought, Mr. Mayor. Commissioner Alonso: The first time we discussed this, I think we took this up, and you told us that it was taken care of. Mr. Kay: It is taken care of. Commissioner Alonso: All right. Mr. Kay: We do control... Commissioner Plummer: The case came about at Isla Canaria. They went over there and put a sign in front of his sign, OK? And that's wrong. OK? Commissioner Alonso: That's very wrong. Ms. Dougherty: It's totally controllable under this ordinance. Commissioner Plummer: All right, control design. Mr. Odio: Now, Lucia, this is firs rearling. By the second reading, the phones that we're going to give you today will be removed. Ms. Dougherty: Yes. 1` Commissioner Plummer: I move it. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. i Commissioner Plummer: It's way past due. 43 October 14, 1993 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CI-IAPPER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING NEW ARTICLE XI, THEREBY REQUIRING THAT PAY TELEPHONE COMPANIES ENTER INTO PERMIT AGREEMEVPS WITH THE CITY OF MIAMI FOR THE ERECTION, CONSTRUCTION, RECONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, DISMANTLING, TESTING, REPAIR AND USE OF PAY PHONES IN, UPON, ALONG, ACROSS, ABOVE, OVER AND UNDER PUBLIC RIGHTS -OF -WAY, SUBJECT TO REGULAATIONS, CERTAIN CONDITIONS AND THE PAYMENT OF' PERMIT AND USER FEES; PROVIDING DEFINITIONS AND BY SETTING FORTH TERMS AND CONDITIONS BY WHICH PERMITS MAY BE ISSUED TO PAY TELEPHONE COMPANIES; MORE PARTICULARLY BY ADDING NEW SECTIONS 54-192 THRaJGH 54-210; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. f Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on first reading, by title only, 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 CamLission and to the public. ------------------------------------------------------------------------------ 13. FIRST READING ORDINANCE: AMEND CODE SECTION 53-151 (RATES AND CHARGES), PERTAINING TO PROCEDURES AND USER FEES AT THE COCONUT GROVE CONVENTION CENTER -- CHANGE FEES WHICH ARE DETERMINED BY THE TYPE OF EVENT BEING HELD. ------------------------------------------------------------------------------ Mayor Suarez: Item 8. ConTLissioner Plummer: Move it. I Mayor Suarez: Moved. Commissioner Alonso: Second. 44 October 14, 1993 Mayor Suarez: Seconded. Any discussion on a-t ii noL, pieabe ieau wit ordinance. Commissioner Plummer: It gives Pajares more money to waste. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 53-1.51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "RATES AND CHARGES," PERTAINING TO PROCEDURES AND USER FEES AT THE COCONUT GROVE CONVENTION CENTER THEREBY CHANGING FEES WHICH ARE DETERMINED BY THE TYPE OF EVENT BEING HELD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by CoMissioner Alonso and was passed on first reading, by title only, by the follcyling 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. ------------------------------------------------------------------------------ 14. FIRST READING ORDINANCE: AMEND CODE CHAPTER 2 (ADMINISTRATION), THEREBY PROVIDING FOR CHANGE OF NAME OF THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT TO: THE DEPARTMENT OF FIRE -RESCUE. ------------------------------------------------------------------------------ I Mayor Suarez: Item 9. Commissioner Alonso: Move it. Comnissioner Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. 45 October 14, 1993 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY PROVIDING FOR THE CHANGE OF THE NAME OF THE "FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT" TO THE DEPARTMENT OF FIRE - RESCUE"; FURTHER PROVIDING FOR AMENDING ALL ORDINANCES OR PARTS THEREOF AND ALL SECTIONS OF THE CITY CODE OR PARTS THEREOF CONTAINING REFERENCES TO THE "FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT" TO HAVE SUCH REFERENCES SUBSTITUTED WITH 'DiE TERM "DEPAR!IWINT OF FIRE -RESCUE"; MORE PARTICULARLY BY AMENDING THE TITLE OF DIVISION 3. AND SECTION 2-81; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso and seconded by Commissioner Plummer and was passed on first reading, by title only, 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. ------------------------------------------------------------------------------ 15.(A)DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT WITH BOAT YARD MANAGEMENT COMPANY, INC. -- FOR MANAGEMENT / MAINTENANCE / OPERATION OF CITY -OWNED PROPERTY KNOWN AS THE DINNER KEY BOAT YARD (LOCATED AT 2640 S. BAYSHORE DRIVE). (B)DISCUSSION CONCERNING GARCES COMMERCIAL COLLEGE'S DELAY IN LOAN PAYMENTS. Mayor Suarez: Item 10 now. Did the Waterfront Board recommend this? Mr. Cesar Odio (City Manager): No. All we're doing here, Mr. Mayor and Commissioners... Mayor Suarez: Yes. Mr. Odio: ... is legalizing those people that are running the boatyard now until we can decide - today, I hope - that we're going to run... 46 October 14, 1993 ' Mayor Suarez: OK. And there are no built-in... Mr. Odio: Nothing. Mayor Suarez: ... no modifiable provisions here that later gets us stuck with... Mr. Odio: No. A. Quinn Jones, III, Esq. (City Attorney): It's a month to month. Commissioner Plummer: This is month to month. Mayor Suarez: OK. Mr. Odio: They can be dismissed at any time. Mayor Suarez: OK. Commissioner Plummer: Have we collected any of the ten percent above 50,000? Mr. Odio: They still owe us money, and we are doing that now. Commissioner Plummer: What? Mr. Odio: They still owe us money. Commissioner Plummer: Well, wait a minute. Wait a minute. Why - you got 40 people over there running assets management, or whatever the hell you call it. Mr. Odio: Forty or two? Commissioner Plummer: How do people wind up owing us money? Mr. Odio: How about 40 or three? Commissioner Plummer: Forty-three. Mr. Odio: They grew from 40 to three people? Commissioner Plummer: Regardless of how many you got they're awfully high- priced people. Mr. Odio: It's only three people. Commissioner Plummer: Why do people owe the City money? Mr. Odio: Because you didn't even - when you did this - OK. Commissioner Plummer: Why don't we collect our money up front? Mr. Odio: First of all - OK. 47 October 14, 1993 t Ms. Christina Cuervo: Commissioner, they haven't made over $50,000 a month, not in one single month. 'lfie highest they ever made was... Commissioner Plummer: Ma'am, how can they owe us money? 1 Ms. Cuervo: Because there was a minimum. Commissioner Plummer: Did you not get the first month's rent in advance? Ms. Cuervo: Yes, the first month's rent was paid in advance. Commissioner Plummer: Then they didn't pay the second month? Ms. Cuervo: Yes, they paid the second month. Commissioner Plummer: Where do they owe us the money from? Ms. Cuervo: In the fifth and sixth months, their sales dropped. Commissioner Plummer: Throw these out! Unidentified Speaker: Excuse me. Commissioner Plummer: Excuse me. Either they owe us and pay us, or get rid of them. I don't want them! Ms. Cuervo: Commissioner Plummer, if I may. Right now, there's not any revenues on the slips, and therefore, they're not able to cover their - they're not covering their operating expenses. They've agreed - they've increased some sales now. They've agreed to pay us $7,000 a month. They carry insurance... Commissioner Plummer: They agreed to pay $13,000 a month? Ms. Cuervo: They agreed that back in December. Commissioner Plummer: Well, are they that - under that same contract? Ms. Cuervo: That contract expired in June. Commissioner Plummer: Who gave the City Administration the right to renegotiate and not collect what was justly due to this City? Ms. Cuervo: We have collected - we have collected everything but, I believe, $13,000 up until now, which is one month's rent, and what... Commissioner Plummer: Then why won't you put them out? I don't want to renew a contract with them, if they owe me money now. Ms. Cuervo: They provide a vital public service to the boat docks that are there right now, and we'd prefer to have somebody in there until we can put out an RFP (Request for Proposal). Commissioner Plummer: Call the limousine. We're going to the poor house again. 48 October 14, 1993 Mr. Odio: If you decide on the next two items, then - I mean in the next item, then we can go ahead and do something there. Ms. Cuervo: Commissioner Plummer... Commissioner Plummer: That's a hell of a way to do business. Garces College owes us $100,000 in back rent, and nobody's putting the screws to them to pay it. Commissioner Alonso: Next item is a rejection. Mr. Odio: What? Ms. Cuervo: Who? Commissioner Plummer: This is another item. OK? Mr. Odio: Oh wait - yeah. Commissioner Plummer: This one here is $13,000. You owe us, you don't pay us. How the hell do you do business? Mr. Odio: I don't know what you're talking about. Vice Mayor De Yurre: Who owes $100,000? Mr. Odio: No, that's not - I don't... Ms. Cuervo: They are paying us, Commissioner Plummer. Vice Mayor De Yurre: Cesar, hold it, hold it, hold it. Hold it a second! Commissioner Plummer: Garces College owes Miami Capital $100,000. Mr. Odio: Then don't say "us"! We don't control Miami Capital. Commissioner Plummer: I corrected it. I'm sorry. Don't get so upset. Get upset about this one, and collect it. Mr. Odio: I have to get upset, because you say things on the record that makes us sound like we are... Vice Mayor De Yurre: So what does Miami Capital do about collecting $100,000? Commissioner Plummer: I asked Miami Capital, and I continue - we'll get into that later on. OK? Mr. Odio: That's somebody else. Commissioner Plummer: $100,000. They're three months in arrears, and Miami Capital is not doing a damn thing about it. But let's get to this one. Let me tell you... 49 October 14, 1993 Vice Mayor De Yurre: Well, hold it, hold it, J.L. Hold it a second, now! Can we get somebody from Miami Capital. this afternoon here to explain this? Mayor Suarez: Yeah, please, let's do that, as long as that inquiry is leading in that direction, and fairly, so that we find out about that. Commissioner Plummer: That's fine. Vice Mayor De Yurre: OK? Commissioner Plummer: Fine. Vice Mayor De Yurre: So in the afternoon, so that we don't have to deal with it right now. Commissioner Plummer: OK. Mayor Suarez: In the meantime... Vice Mayor De Yurre: Like around 3:00 o'clock. Mr. Odio: OK. Commissioner Plummer: Whatever time. Mayor Suarez: This particular instrument is helping us to, hopefully, formalize a relationship, and if anything, get more of the payments coming in. Mr. Odio: This is only a stop gap until we decide... Ms. Cuervo: And we have the ability to... Commissioner Plummer: Excuse me. It's my understanding that we're... Mayor Suarez: I'm sorry. I interrupted the Commissioner's inquiry. I'm sorry. Go ahead. Commissioner Plummer: Mr. Mayor, my understanding is that, hopefully, we're going to take it over ourselves. OK? Commissioner Alonso: Exactly. Commissioner Plummer: Now, my point is, is when somebody owes this City money, we're not forceful enough to go out and collect it. You know, it's just that simple. Mr. Odio: Well, but you - that is wrong. Commissioner Plummier: I'm sorry. If the man has had a financial problem, he signed a contract. Mr. Odio: We have collected... Ccmmmissioner Plummer: That contract says he will pay this City $13,000 a month. 50 October 14, 1993 Mr. Mike Zidziunas: And we will... Commissioner Plummer: And if he doesn't pay it, then he has to be evicted! Mr. Odio: We have collected more monies in the City of Miami owed to us than any time in the history of the City of Miami. OK? Commissioner Plummer: Sir, does the man owe money to the City? Mr. Odio: He - but it's not as simple as it sounds. Commissioner Plummer: Does the man owe the City money? Mr. Zidziunas: Yes. Mr. Odio: Yes, he does. Commissioner Plummer: Pure and simple. Mr. Odio: And he's going to pay it. Commissioner Plummer: You can make all the excuses you want. Mayor Suarez: Can we make this subject to those funds being received... Mr. Odio: I remember Monty Trainer owing us a year of rent. Mayor Suarez: ... like any other tenancy, where you get the money, before you sign anything? Ms. Cuervo: We can, but they don't have the money right now. They are paying us slowly... Mr. Zidziunas: And you're making interest on the money. Ms. Cuervo: ... and that's what they've been doing, and what they're... Mayor Suarez: It is your determination that by entering into this... Mr. Zidziunas: You're making interest. Mayor Suarez: Wait sir. Nobody's asked you anything yet - that you will be able to resolve the outstanding payments better than if you don't have this agreement? Ms. Cuervo: Yes. I believe so, because they will still be running a viable operation... Commissioner Plummer: They owe a hundred thousand. Ms. Cuervo: ... and they're still going to be providing a service to the docks that are there now. 51 October 14, 1993 Mayor Suarez: OK. Do you want to address that, sir? Mr. Zidziunas: Yes, I would like to. Mayor Suarez: Give us your name and organization. Mr. Zidziunas: My name is Mike Zidziunas. I'm president of the Boatyard Management Company. Commissioner Plummer, we are going to - we are in the process - we have over $40,000 that we are litigating for. All right? We are going to get you your money. You're making interest on the money. We are providing a service not only to the just the community, but to the City... Commissioner Plummer: Sir., we're not in the business of loaning money. Now, you made a contract, and if you got to go out and take out a loan to keep it going, then you got to go take a loan. Mr. Zidziunas: No one will give us a loan on that property. If you look, there's no docks, there's nothing there. We've been turning something - getting something out of nothing. Commissioner Plummer: Then why are you here asking us to renew it? Mr. Zidziunas: Well, what we're asking for... Commissioner Plummer: I mean, you want to go deeper in debt? Is that what you're asking us to do? Mr. Zidziunas: No. What we're asking for in the terms here is to renew it, so we can keep this thing - who's going to run it? Commissioner Plummer: Mr. Mayor, he cannot - he cannot do what you just suggested. I was willing to go along. Mr. Odio: If they don't remain there, legally, we will have nothing there while you decide what to do. Commissioner Plummer: Well, you don't know that, Mr. Manager. Mr. Odio: At least we have gotten some revenue out of that property while we decide what to do. Commissioner Plummer: Excuse me. You don't know that... Mr. Odio: I do. Commissioner Plummer: ... because you don't know whether somebody else wants to take it over. Mr. Zidziunas: But you have to write an RFP. Commissioner Plummer: And with him there, they don't have that right. Mr. Odio: In the meantime, they are running - we're getting something. Otherwise, we would get nothing. 52 October 14, 1993 Commissioner Plummer: Yeah, we're getting IOUs (I owe you). Commissioner Alonso: This is a month -to -month contract. Ms. Cuervo: Basically... Commissioner Plummer: Have you tried to cash an IOU at the grocery store? Commissioner Alonso: '.Phis is a month -to -month contract. What is the reduction that they are asking? Ms. Cuervo: From 13,000 to 7,000 a month, and they would still pay us ten percent. Right now, they have ten percent over 50,000. We'd reduce that to ten percent over 30,000. So actually, we would gain in any kind of increase. There is also a provision in the agreement that once the whole Dinner Key Marina... Commissioner Alonso: Do you anticipate it will be almost equal to what we should get? Ms. Cuervo: Excuse me? Commissioner Alonso: With the increase in the percentage and the reduction... Ms. Cuervo: Exactly. Commissioner Alonso: ... it will balance it? Ms. Cuervo: Well, that's what we anticipate, once revenues start to increase. Mr. Zidziunas: Start picking up. Ms. Cuervo: Also, we have a provision in there, once Dinner Key Marina is completely restored, that we can renegotiate it, if we haven't put somebody - our own people in there yet. Commissioner Plummer: Well, you know, all I'm saying is, if you owe me money, you ought to pay me. And if you don't pay me, then I got to do whatever I can to collect. OK? As far as I'm concerned, let's defer this until we can bring it up with the other item relating to the City taking over the thing, and then we'll make some kind of decision at that point. You know, the Mayor made a suggestion that I'll go along with. All right? Ms. Cuervo: That's the next item. It's the next item. Commissioner Plummer: If, in fact, you want to renew it on a month -to -month basis, predicated on him paying up to what he owes presently. Ms. Cuervo: Something that's very important that they had, they also insure the property right now, which is something that we do not have the insurance on it. Mayor Suarez: OK. Christina, he just said something interesting. Suppose we were to approve with the delegation of authority to the Administration to, at 53 October 14, 1993 any time, end the relationship, on a month -to -month basis, if they are not meeting a reasonable schedule of repayment? Ms. Cuervo: That's perfect. That's perfect. That's perfect. Mayor Suarez: Would you accept that, Commissioner Plummer? Commissioner Plummer: I'm sorry, I... Commissioner Alonso: Yes, that sounds reasonable. Mayor Suarez: We - it's not all that different. We're formalizing a month - to -month arrangement, which otherwise exists anyhow, as long as they're there. Commissioner Plummer: Right. Mayor Suarez: But we're doing it with the Administration - with the proviso that the Administration must monitor it, so that if at any time, payments are not being received in a timely fashion, and reduction of the indebtedness, they have the discretion to basically end the relationship at that point. Commissioner Plummer: Mr. Mayor, I have no problem with that, if I could figure out what this Comrdssion is going to do this afternoon about giving... Commissioner Alonso: It's the next item. Commissioner Plummer: OK, the next item - is that the City has proposed to take over the marina, which I've been in favor of for quite some time. Now, if the City is going to take it over, this is null and void. OK? So, you know... Mayor Suarez: I don't think so, because... Commissioner Plummer: No, he's not going to be existing there, necessarily. If he does, it will be under our tutorship, and we'll get the 20 percent instead of him. Mr. Cuervo: But he'd exist there until... Mayor Suarez: OK. It is also understood in the motion, at 10, that if the City is ready to take it over, you obviously end the month -to -month arrangement. Commissioner Plummer: Of course, yeah. Ms. Cuervo: That's the reason we're changing it to month to month; just for that reason. Mayor Suarez: OK. With that understanding, I'll entertain a motion on 10. Commissioner Alonso: Move it. Commissioner Plummer: Second. 54 October 14, 1993 Mayor Suarez: OK. Any further discussion? If not, please call the roll. Commissioner Plummer: That's fully understanding that before this is renewed, he has got to pay all past indebtedness. Before it is renewed, he's got to pay all past... Mayor Suarez: Well, it's right now on a month -to -month. Ms. Cuervo: We're going to work out a repayment. Mayor Suarez: It gets formalized, and it's still on a month -to- month, and we're giving them the discretion to determine whether sufficient progress is being made towards repayment, that they should continue in that vein. If you want to say, "They've got to pay the whole thing, otherwise we don't approve this," that's different from the motion. Commissioner Plummer: Mr. Mayor, can I ask that we hold it till 11? If 11 passes, then I'll go for 10. Mayor Suarez: All right. Ms. Cuervo : OK. Commissioner Plumper: OK? Mayor Suarez: The motion is withdrawn, the second is withdrawn, Madam City Clerk. The matter is tabled until 11 is handled. ------------------------------------------------------------------------------- 16. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO REJECT PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD AT DINNER KEY, INC. -- FOR MANAGEMENT / MAINTENANCE / OPERATION OF CITY -OWNED PROPERTY KNOWN AS THE DINNER KEY MARINA AND BOAT YARD (LOCATED AT 2640 S. BAYSHORE DRIVE). (See labels 47 & 57) Mayor Suarez: Item 11. Commissioner Plummer: And I'll move 11. Mayor_ Suarez: So moved. Yes, sir. Mr. Harry Ward: Harry Ward. I'm the Chairman of the Board of the Lighthouse Group. On October 8th, we hand -delivered a letter to each of the Commissioners, outlining eight points of discrepancy in the review committees proceedings. Specifically, they did not use the criteria that was mandated by the City Charter - that's primary; and secondly, they accepted prejudicial material relative to the City Commissioners' previous recommendation. We do not have our legal counsel here today, because he is at a Zoning hearing, and I would respectfully request one of two actions; a postponement until such time as he's here later today; or two, a postponement until we are able to get 55 October 14, 1993 together with the City Attorney to resolve these matters. The fact of the matter is that the gut issue here has always been whether our group had the finance wherewithal to do this. The review committee was prohibited from considering that information. Mayor Suarez: Let me just ask a question of the City Attorney. Do you think it would profit us, in the hope of not having another .repetition of some of the other matters that ended up in litigation, to have you spend more time with then, and see if you can work out some of the legal discrepancies? A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, I don't think that meeting with them is going to change one thing or the other. I mean, what you have before you is either to accept the previous recommendation of the City Manager, or to accept the recommendation of the review committee, which is rejection. So I don't know that meeting is going to - I think it's just going to be a replay of the concerns that they've expressed before, Mayor Suarez: All right. So then we just - we're back to the procedural question of waiting till your attorney is here. When is that expected? Mr. Ward: He's at a hearing this morning. Mayor Suarez: Could be early afternoon? Mr. Ward: We ought to be able early afternoon. But if I could respectfully enter one other item. The City of Miami has over $65,000,000 in judgments against them, just because of this kind of an attitude. We are asking you to use prudence. Let us sit down and - we have questioned the very guts of the process. We're saying that you cannot follow your charter in one area, and not follow it in another. I maintain that that is sufficient evidence alone to review this further. Commissioner Plummer: May I inquire of the City Attorney, Mr. Mayor? Mayor Suarez: Surely. Commissioner Plummer: Mr. City Attorney, was not the provision in there that the Commission reserves the right to reject? Mr. Jones: That's correct. Commissioner Plummer: Thank you. Mr. Ward: I might add, sir, that you have the right to reject, but you don't have the right to negotiate in bad faith, or to go through a bad faith... Commissioner Plummer: Didn't negotiate, sir. I have the right to reject, and that's what the Manager is recommending, that I do such, and to reject the offer, and I so move that we reject the offer. Mr. Cesar Odio (City Manager): Let's clarify. Mr. Jones: It's the selection committee. 56 October 14, 1993 Mr. Odio: Let's clarify this. I recommended rejection the last Camdssion meeting. Mr. Ward: Did you read this letter, sir? Mr. Odio: Excuse me, sir. Commissioner Plummer: I read the letter, sir. Mr. Odio: I recommended rejection in the last Commission meeting. It was sent... decided to send it to the selection committee and be bound by a selection committee recommendation. They met... Mr. Odio: It walks like a duck, it talks like a duck. It's a selection committee. Commissioner Plummer: And, then the selection committee recommends rejection. Mr. Ward: Make me... Commissioner Plummer: I so move, sir. Mr. Ward: May I please make one other, since you are so intent on following your recommendations? on June 29th, you made a recommendation that if the City Manager didn't come back within 60 days with another proposal, so that you could compare apples to apples, you would accept our proposal. And, on September 7th, it wasn't even on the agenda. Mayor Suarez: Is that the way that resolution read, Mr. City Attorney? Was it as he stated it? Mr. Ward: I've got the wording. Mr. Jones: I recall there being a motion of some sort. I think that there may have been proposed... Mayor Suarez: Do you have it there so we can read it into the record? Unidentified Speaker: I don't have it, here. Mayor Suarez: It is certainly... Mr. Ward: I... Commissioner Plummer: Mr. Mayor, just for the record... Mayor Suarez: That was my view of what we should do. Mr. Ward: The recommendation was... Mayor Suarez: But, I don't know that that was what was actually passed. Commissioner Plummer: Mister... Mr. Ward: The recommendation was... 57 October 14, 1993 Commissioner Plummer: For the record, Mr. Mayor. I have not been totally opposed to this group, except upon the recommendation of the City Manager. I have, from day one, been opposed to anybody running that besides the City. These people are here to make a profit. There is nothing wrong with a profit. But, if they can make a profit, why should I give it away and let the City make the profit? Mr. Ward: Because you put out an RFP (request for proposals), among other things. Commissioner Plummer: Sir, sir. Mayor Suarez: Wait, wait, wait. Commissioner Plummer: I understand what you are saying. I was opposed to it ( all the way along. OK? Mr. Ward: The motion, sir, read, "Give the City Manager 60 days to show us what he can do, and if his proposal is not better than this, then we go to this proposal." This motion was made by Commissioner Dawkins and seconded by Commissioner Plummer. Mr. Odio: And, when I came back, I recommended rejection of your proposal because I... Mr. Ward: But, you didn't give then apples to apples which they asked for. Mr. Odio: I don't have to... Mr. Ward: It is the second time that you've ignored their request. Mayor Suarez: Wait, wait, wait. But, sir, you are interrupting the Manager. Mr. Odio: Listen, I don't have to argue with you. Mayor Suarez: He was burying himself very effectively before you interrupted him. Mr. Odio: We have a study prepared and we are willing to show it to you at any time, that the City can run that facility better than they can. Mayor Suarez: I think that the Commission's intent was to show that the City's proposal, internal proposal - kind of like we did with the union for recycling - was a more advantageous economic arrangement, and to convince us of that... than what they are proposing. And, I am certainly not convinced that you have done that, Mr. Manager. So, as far as I am concerned, I would be inclined to continue the negotiation and complete it. But, I may be just one vote up here, I don't know. Mr. Jones: Well... Mayor Suarez: Like Commissioner Plummer says, from day one he's been against even going out for bids on this. He wants the City to run it. I think that's not a good idea. 58 October 14, 1993 Mr. Odio: Mr. Mayor, I think the City Attorney can clarify what he is trying to say. But, the fact here is that it went back to the selection committee. And, the selection committee has again recommended rejection of this proposal. Mr. Ward: Not again, one time. Mr. Odio: And, that is the issue, and not whether I have another proposal or not. Mr. Jones: Yeah, yeah. Mayor Suarez: Well, that issue is what the Commission wanted you to show us, Mr. Manager. So, if you don't think it's an issue, I don't, now it sound like if you are not listening to the Commission. What do we do with the fact that your lawyer is not going to be around? Can we be assured that your lawyer will be here at 2:00 p.m. when we reconvene? Mr. Ward: We'll make every effort we can. Mayor Suarez: Commissioners, you have any problems tabling the item until 2:00, so they can at least have their attorneys present? All right. Commissioner Alonso: I think we should wait until their attorney is here. Mayor Suarez: Particularly since we don't want unnecessary lawsuits. Although... Commissioner Alonso: Yes. Mayor Suarez: ..in this particular case... Commissioner Alonso: Yes, I will feel much better... Mayor Suarez: All right, we'll take you up at 2:00, that means... Commissioner Alonso: ...to see their attorney here and then vote against them. Mayor Suarez: ...that you better talk to your friend back there. It looks like he is going to have to wait till 2:00 also. Since, your item, apparently, is been connected to this one by Commissioner Plummer. Although, in your case, at least, sir, we are closer to a determination. I think. The item is tabled till 2:00, Commissioner Plummer, until they can get their lawyer. Mr. Ward: Well, thank you very much, sir. Mayor Suarez: All right, sir. ------- -- -- --- - -- -_.- - - - - ---.-- - - - - - - - --- - - - - - - --- -- - - - - - - - - -- - - - - -- - - - - -- ------ 17. APPROVE CITY OF MIAMI'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR FISCAL YEARS 1994 - 1998 -- AUIHORIZE CITY MANAGER TO EXECUTE AND SUBMIT SAID CHAS TO THE U.S. DEPAR VENT OF HOUSING AND URBAN DEVELOPMENT. Mayor Suarez: Item 12, Strategy plan. Any questions on this or basically are we sending you off with a... (INAUDIBLE BACKGROUND CMENTS NOT ENTERED INTO THE PUBLIC RECORD) A. Quinn Jones III, Esq. (City Attorney): No. Mayor Suarez: With the mandate of doing good things and building a lot of affordable housing, et cetera. Mr. Jeff Hepburn: Yeah, what this plan does is it allows us to secure Federal Fundings... Mayor Suarez: OK. Mr. Hepburn: ...from U.S. HUD (Department of Housing and Urban Development). Mayor Suarez: Do I entertain a motion on it? Commissioner Alonso: Move it. Commissioner Plummer: I'll move it. And, Mr. Mayor, may I congratulates Mr. Bailey who only took 17 years to get St. Hugh's started? It is now underway and we might see Mr. Bailey producing something for this year. I am sure it won't be for any other time. Mayor Suarez: OK. All right. And, if your neighbors kick you out of your neighborhood, you can always buy there. Commissioner Plummer: Yeah, that's true. Mayor Suarez: What is the lady's name there? Mr. Hepburn: Dianne Kraska-Veltri, she is the one that prepared the plan. Mayor Suarez: That's consultant or in... Mr. Hepburn: No, she is a member of my staff. She is principal housing specialist. Mayor Suarez: In-house. That's what I was expecting you would say. Good, good, good. All right. Moved and seconded then. Do we have a second? Commissioner Plummer: Yes, sir. 60 October 14, 1993 Mayor Suarez: Call the roll. Commissioner Plummer: I did one of the two. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-637 A RESOLUTION, WITH ATrACI-iNI M-), APPROVING THE CITY OF MIAMI'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY ("CHAS") FOR THE PERIOD COVERING FISCAL YEAR 1994 THROUGfi FISCAL YEAR 1998; AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT SAID CHAS TO THE U.S. DEPARTM0T OF HOUSING AND URBAN DEVELOPMENT. (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. Plummier, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COM ENT'S MADE AFTER ROLL CALL. Mayor Suarez: Don't forget that there are groups out there - volunteer groups - that are willing to help beautify and landscape these affordable housing projects when we complete these. Whether they are individual units or... Mr. Hepburn: OK. Mayor Suarez: And, that really adds a lot because a lot of times you run out of funding, like what happened to St. John's. 61 October 14, 1993 -------------------------------------------------------------------------------- 18.(A)APPROVE FLAGLER CORE AREA ENHANCEMENT STRATEGY FOR DOWNTOWN MIAMI (DATED JUNE 1993) -- DIRECT CITY MANAGER TO INITIATE IMPLEMENTATION OF SAID PLAN AND REPORT TO CITY COMMISSION WITHIN 90 DAYS -- NO !ONIES TO BE EXPENDED WITHOUT PRIOR COMMISSION APPROVAL. (B)AUTHORIZE EXPENDITURE ($97,266) FROM THE CAPITAL IMPROVEMENT PROGRAM FOR SEMI -PERMANENT FENCING FOR BAYFRONT PARK. ------------------- ----------------------------------------------------------Z Suarez: OK. Item 13. Flagler Core Enhancement Strategy. Commissioner Plummer: That's a DDA (Downtown Development Authority) Project, I move it, Mr. Mayor, with the proviso that none of these moneys can be spent i until such time as approved by the Board as well as the City Commission. Mayor Suarez: You are going to frustrate him he's I'o g g got his... Commissioner Alonso: No, I think we have to see... Mayor Suarez: ...tripod and easel and all of that. Commissioner Alonso: ...what Matthew was going to show us. Commissioner Plummer: Oh! Commissioner Alonso: Go ahead, Matthew. I Commissioner Plummer: Fine. Mayor Suarez: Moved and second. Matthew, you could lose the vote if you get too involved in this, I don't... Commissioner Plummer: You know. I buy him books, I send him to school... Mayor Suarez: The palm trees at... Mr. Matthew Schwartz: I made a mistake. Mayor Suarez: ...the foot of the ramp into Downtown, I don't know who is doing that. But, whoever is doing that, it is the nicest thing that I've seen down there in a while. Mr. Schwartz: Yeah, we... That was done by FDOT (Florida Department of Transportation) and those are trees that the City's NET (Neighborhood Enhancement Teams) asked to be removed from the center of Biscayne Boulevard, north of Fifth Street... i Mayor Suarez: And, they were replanted over there. Mr. Schwartz: ...and the FDOT replanted them there. Mayor Suarez: Hopefully, that will keep the panhandlers from been over there. See if you can get somebody from County DOT to do something about the lane 62 October 14, 1993 signaling there so that people can go up on the ramp from both lanes. We are going to have an accident there pretty soon. Mr. Cesar Odio (City Manager): Wait... Mayor Suarez: Yes, Mr. Manager. Mr. Odio: I may be out of order, but we need it with... I don't know if we could do with this item. I need to approve a resolution authorizing $97,266 to do a semipermanent fencing... Commissioner Plummer: No, that's Bayfront Park, not DDA. Mr. Odio: ...for Bayfront Park. So, which is part of downtown because... Commissioner Plummer: I'll move them both. Mr. Odio: ...we are in the process of moving... Mayor Suarez: Where is that money coming from? Commissioner Plummer: Capital improvements. Mr. Odio: Capital improvements. Commissioner Dawkins: To do what? Mayor Suarez: Why don't we take up this resolution and then we take up that matter right next to it? Mr. Odio: We are going to fence the park. Commissioner Plummer: I've moved item 13... I have moved, Mr. Mayor, 13 with the proviso... Mayor Suarez: Thirteen is moved and it is seconded. And, there were some implications that as much as we loved to hear you, we better move on here. Call the roll. 63 October 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-638 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE "FLAGLER CORE AREA ENHANCEMENT STRATEGY" FOR DOWNIUaN MIAMI, DATED JUNE 1993; FURTHER, DIRECTING THE CITY MANAGER TO INITIATE IMPLEMENTATION OF SAID PLAN, SUBJECT TO THE DOWNIIOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS AND CITY COMMISSION PRIOR APPROVAL OF ANY EXPENDITURES, AND REPORT TO THE CITY COMI ISSION WITHIN NINETY (90) DAYS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4 Upon being seconded by Commissioner Dawkins, the resolution was passed I 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 i j NOES: None. ABSENT: None. Commissioner Plummer: You are going to bring that up now? Mayor Suarez: Emergency item proposed by the Administration, I think we are all pretty interested in... Commissioner Plummer: A resolution authorizing expenditures of $97,266 from the Capital Improvement Program for the semipermanent fence in the Bayfront Park. I so move. Mayor Suarez: So moved. I Commissioner Dawkins: Second. Mayor Suarez: Try to accomplish that. Commissioner Dawkins: Second. Mayor Suarez: Any discussion? If not, please call the roll on that. 64 October 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-639 A RESOLUTION AUTHORIZING EXPENDIZURE IN THE AMOUNT OF $97,266 FROM THE CAPITAL IMPROVEME11M 'PROGRAM TO COVER THE COSTS OF CONSTRUCTION OF A SEMI PERMANENT FENCE AND GATING SYSTEM FOR THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK. (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. Plumper, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 19. EXECUTE AMENDMENT NO. 9 TO AGREEMENT WITH DELOITIE & MUCHE (CERTIFIED PUBLIC ACCOUNTANT'S) IN ASSOCIATION WITH (a) SHARPTON, BRUNSON & COMPANY, P.A.; (b) VERDEJA, IRIONDO & GRAVIER; AND (c) WATSON & COMPANY, P.A. -- FOR EXTERNAL AUDITING SERVICES RELATED TO COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1993, ETC. ---------------------------------------------------•--------------------------- Commissioner Plumper: Now I don't mind wearing my pantyhose again. Mayor Suarez: Item 14. I won't even touch that. Commissioner Plummer: I couldn't touch them either, they were too short. Mayor Suarez: Whatever it is you want to wear as long as you don't dress like Columbus more than once a year. Commissioner Plummer: I move 14. Mayor Suarez: Moved. 65 October 14, 1993 Commissioner Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Let me... Let me ask a question. Mr. Manager, this is the equivalent of better than a thousand dollars a day. Are you sure that this is the best? I mean, did you go out for bids on this? It seems incredible that we are paying - what is it? - $1100.00 a day including Saturday and Sunday. Mr. Carlos Garcia: Commissioner, this is... Commissioner Plummer: Did this go out to bids? Mr. Cesar Odio (City Manager): Let me say something, we have had... Commissioner Plummer: May he answer my very simple question? Mr. Odio: OK, I am sorry. Commissioner Plummer: Did it go out to bid? Mr. Garcia: This is a five year contract for which an RFP (request for proposals) was put out by Advisory Committee back then. This is the fifth year renewal of the contract. And, it was done on a cost basis but on a qualification basis. Commissioner Plummer: But, are you sitting there telling me that in your estimation that this is the best price we can get? I mean, for some reason it just seems like an awful lot of money to me. Hello! Mr. Garcia: I cannot say it is the best price that is available out there, Commissioner. I am saying it is based on qualifications of the firm. Commissioner Plummer: And, you know the reason why you can't say it is, because you didn't go back out to bidding. Mr. Garcia: If that's the process of the City Code has, and it goes, you know, the Audit Advisory Committee is in charge of this process and they make a recommendation to the City Commission. As you know, Audit Advisory Committee has been appointed by this City Commission to precisely do that function. And once it goes through the process, it's for the City Commission to confirm their findings. Commissioner Plummer: Are you saying to me... Well, it has to be an outside audit, right? Mr. Garcia: Yes, sir. Mr. Odio: Yeah. Mr. Frank Paredes: Commissioner, Frank Paredes, partner of Deloitte and Touche. There has only been one fee increase over these five years, and that was three years ago. There has not been any fee increase from the original contract... 66 October 14, 1993 Commissioner Plummer: OK. This is the last of five years. Mr. Paredes: ...in terms of clarification. Commissioner Dawkins: This is the last of five years? Mr. Garcia: This is the last of the original contract for five years. Commissioner Plummer: But, I have then the assurance that next year it will be going out for re -bidding. Because, I guarantee you, I will not go for five years again. Commissioner Dawkins: You dint let them say yes or no before you started editorializing. Let him say yes or no, because I want to know too. Commissioner Plummer: Then you ask him instead of me. j. Commissioner Dawkins: OK. Is this the last? You will go out for bid next yea? Mr. Odio: Yes. We have to. It has been five years, and I think the time has come to... Commissioner Plummer: OK, I moved it before. i Commissioner Dawkins: OK, thank you. Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-640 A RESOLUTION, WITH ATTACH1,E T, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.9, IN SUBSa�"TAWI IALLY THE ATTACHED FORM, TO AN AGREEMENT BE717EEN THE CITY OF MIAMI AND DEIAITTE & TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON & COMPANY, P.A.; VERD JA, IRIONDO & C-RAVIER; AND WATSON AND COMPANY, P.A., FOR EXTERNAL, AUDITING SERVICES RELATED TO THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993; PREPARATION OF ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR THE MIAMI CONVENTION CENTER AND THE GOVERNMENT CENTER PARKING GARAGE FINANCINGS; PREPARATION OF A SEPARATE AUDIT REPORT FOR THE SOUTHEAST OVERTOWN/PARKWEST REDEVELOPMENT TRUST, AND CONDUCTING AN ACRJARIAL STUDY FOR THE SELF INSURANCE FUND; ALLOCATING FUNDS THEREFOR IN AN AM0JNT NOT NO EXCEED $368,000, FROM THE FISCAL YEAR 1994 OPERATING BUDGETS OF THE DEPARTMENT OF CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES; THE GOVERNMENT CENTER PARKING GARAGE ENTERPRISE FUND; THE SOUTHEAST OVERTOWN/PARKWEST REDEVELOPMENT TRUST FUND; THE DEPARTMENT OF FINANCE, AND THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, AS FOLLOWS: $7,500 FROM ACCOUNT NO. 260221-340, $5,000 FROM ACCOUNT NO., 550108-340, $248,000 FROM ACCOUNT NO. 260201-280, AND $62,000 FROM ACCOUNT NO. 450806-280. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item 16. Commissioner Dawkins: Under discussion. Under discussion. Mayor Suarez: Yes, Commissioner. 68 October 14, 1993 Commissioner Dawkins: Mr. Manager... Mayor Suarez: Which item, 16? Commissioner Dawkins: Fourteen. Commissioner Plummer: Fourteen. Commissioner Dawkins: Under discussion. What percentage, in dollars, does Sharpton and Brunson and get from this contract? Mr. Paredes: Twenty-five percent of the contract, sir, which is... Commissioner Dawkins: OK, and Verdeja? Mr. Paredes: Verdeja-Iriondo, twenty percent. Commissioner Dawkins: Twenty percent? Mr. Paredes: And, Watson, five percent. It's a fifty-fifty joint venture... Commissioner Dawkins: OK. Mr. Paredes: ...And, it's worked great all five years. Commissioner Dawkins: Hey, I can't ask for any more, thank you. ------------------------- 20. ACCEPT BID: ALANIS SECURITY, INC. -- FOR FURNISHING SECURITY GUARD SERVICES TO VARIOUS CITY DEPAR'IMEnTI'S ( FOR DEPAR'IMNr OF GSA AND SOLID WASTE) -- LIMIT CEILING TO $100,000 WITHOUT COMMISSION APPROVAL. Mayor Suarez: Item 16, then. Madam, you wanted to be heard on this item? Commissioner Plummer: I have a problem with sixteen. Mayor Suarez: All right. Commissioner Plummer: I have met with the Fire Chief which is the pressing problem at the time. He has agreed, Mr. Manager, I guess he spoke to you, that if I would not object, he would allow the money to come from his budget to be used to be used for the purposes of providing security. Mr. Cesar Odio (City Manager): I don't object. Commissioner Plummer: I am concern, Mr. Mayor - Mr. Manager, that in this particular item, there is no limits set. What we would be giving you here is carte blanche to hire everyone you want. Mr. Odio: Put a limit. 69 October 14, 1993 Commissioner Plummer: Haw about $100,000? Mr. Odio: Fine. Mr. Ron Williams (Assistant City Manager): At least 200,000. We had 300 previously, Commissioner Plummer.. And, to go to 200 wouldn't substantially reduce it. Commissioner Plummer: Hva about a hundred and you can come back if you need to expand it? Mr. Odio: We drop to a hundred and we come back. Commissioner Plummer: I so move, Mr. Mayor. Mayor Suarez: So moved. Commissioner Dawkins: Wait, what are we saying? - because I am at a loss. What's the problem... Mayor Suarez: Sixteen, limiting the total amount of the private security to a 100,000 before it comes back to the Commission. Mr. Odio: And, then we come back. Mayer Suarez: And, it is coming from the Fire Department budget? Mr. Odio: Yes, yeah. Because, this is a... Commissioner Plummer: Those departments that use it and want to utilize it, would come from their budget. Commissioner Dawkins: OK, now, is this the president that we are setting, that whenever these groups come, that you are going to limit this to $100,000? Because, when Wackenhut corms and those other groups come, we don't limit it. Commissioner Plummer: No, sir. We... Commissioner Dawkins: But, now you've got a black owned firm, you are going to limit this to a $100,000. Mr. Odio: Well, I... Commissioner Plumper: No, sir. This here is... Commissioner Dawkins: What are we doing? Just tell me what you are doing. Commissioner Plummer: Mr. Dawkins, this has no limits at all as it is presented on this agenda. Commissioner Dawkins: OK. But, where does the $100,000 limit come in? Commissioner Plumper: What we are saying is that... We are saying that they have a linut, at this point, to a $100,000. If they need more, they come back. That's all we are saying. 70 October 14, 1993 Commissioner Dawkins: But, all of... OK. But... That's fine. But, let's be consistent. You know, I can - if you want to table it - I'll go back and pull contracts that are not limited. Commissioner Plummer: I don't remember where we ever gave a contract that it was unlimited without a... Commissioner Dawkins: We didn't limit it to a $100,000. Mr. Odio: Why don't you give the contract now as it was bided... Commissioner Dawkins: No, no, no. Mr. Odio: ...and we'll come back for approval of the... Commissioner Dawkins: No, no, no, no, no, no, Mr. Manager, no, Mr. Manager. Commissioner Plummer: No, I can't give an unlimited check to anybody. Commissioner Dawkins: But, you can... OK, if I go back and pull the minutes where you've limited security contracts to a half a million dollars, what then? Commissioner Plummer: Sir, the one you are referring to was not done by this Commission. You are talking about Wackenhut for DDA (Downtown Development Authority) of downtown. Mayor Suarez: Yes. Commissioner Plummer: This Commission, nor did the City pay for it. That was paid for by the downtown merchants, and it was for a specified amount. If there was a specified amount... Commissioner Dawkins: OK, OK, wait a minute. Let me ask... Mr. Odio: May I... Commissioner Dawkins: Let me short circuit, OK. Madam, how match - how long would you be able to work with $100,000? Commissioner Plummer: She is not part of the company. Commissioner Dawkins: Who is the company? Where... Commissioner Plummer: They are not here. Commissioner Dawkins: Where is Alanis? Commissioner Plummer: They are not here. Ms. Judy Carter (Assistant Director): No, they were not told to be here. They are Al.anis Company, they are a black -owned company. And, we were, at one point, in a position to have to advise them that the City Commission had 71 October 14, 1993 denied this particular bid from before. They were not aware that it was being put on the agenda for this item of reconsideration. Commissioner Plumper: If you do that, that's all I am asking for. Mr. Carter: The City Commission denied this bid before. Commissioner Plummer: Award the bid and anything else over 100,000, will come back for approval. That's all I am saying. I have no problem with that. Mayor Suarez: Yeah, the idea of having sane cap on it makes a lot of sense. But, I really need to know what you, Commissioner, when you finish your line of inquiry so we can here from Mr. McQueen. Commissioner Dawkins: Well, I am finished, Mr. Mayor. Commissioner Alonso: I have some questions. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: This is on the basis of as needed, right? Ms. Carter: Yes, sir. Yes, ma'am. Commissioner Alonso: And, do these departments have unlimited amounts? Because, it would be paid by departments... Ms. Carter: No, they have it based upon their budget. Commissioner Plummer: Nothing here said that. Commissioner Alonso: It is according to what is available in their budget, correct? Ms. Carter: Absolutely, ma'am. Absolutely. Commissioner Plummer: Well, the Fire Department... Commissioner Alonso: So, in a way, we do have a cap, or we have limitations? Ms. Carter: To the extend that you have approved this budget. Commissioner Plummer: That's in this particular budget. Commissioner Dawkins: I'll ask one question, and I'll be finished, Mr. Mayor. Commissioner Plummer: If the Police Department wants it, or Artime wants it, or somebody else, it is unlimited. Commissioner Dawkins: OK, if... Commissioner Alonso: To the company that receives the funding... Commissioner Plummer: It is unlimited, that's why I am saying... 72 October 14, 1993 Commissioner Dawkins: ...somebody, anybody over there... Anybody over there, what is the approximate... Commissioner Alonso: The budget limits. Commissioner Dawkins: What is the approximate payroll for 90 days for somebody providing security of this type? Commissioner Plummer: I'dl I can tell you after meeting with the Chief this morning, he told me that he is paying - oh, no Max Juan, Max Cruz, told me... Commissioner Dawkins: Mr... When you... When Mr. Williams finisher, J.L. Plummer, would you answer my question? Commissioner Plummer: OK, I will give you... Mr. Williams was sitting there, at $6.00... i Commissioner Dawkins: But, see... Commissioner Plummer: ...$6.00 an hour, for twelve hours a day. Mr. Ron Williams (Assistant City Manager): Mr. Dawkins, it clearly would depend upon the amount or the number of security people used. But, that rate would range from $6.00 to $8.00 per hour per security guard. { Commissioner Alonso: Yes. Commissioner Dawkins: OK, I'll ask my question again, because I don't seem to be getting through. I'll ask it another way. If I had a security company and I was providing the type of security that is being spoken of here, and I had $100,000, approximately how long would you - and I want to understand - this is purely speculation, I don't want anybody in here to hold us by our feet to the fire, and I was providing all the security that you ask me to provide, approximately how much would I... Mr. Williams: It would last you very close to four months, or one-third of the year. Commissioner Dawkins: Four months, now, OK. Now, that's the maximum, right? I mean the maximum amount of money, OK? Mr. Williams: At 100,000. At 100,000. Commissioner Dawkins: Now, what is the minimum amount that I would be given if I don't get my fair share of the security? That's... Mr. Williams: I guess, the minimum, really, could be zero, Commissioner Dawkins, based on where we are at this point. Commissioner Dawkins: No further question, thank you. Mayor Suarez: Ms. McQueen. 73 October 14, 1993 Commissioner Dawkins: I have no further question. And, Mr. Mayor, wanted to ask you. Commissioner Plummer: I move it, Mr. Mayor, as I did prior with... Mayor Suarez: All right, go ahead. I just wanted to hear from the firefighter. Commissioner Plummer: With a $100,000 insertion at this time... Mayor Suarez: So moved with the cap. Commissioner Plummer: ...and, if needed, they can come back and justify to this Commission the need for more. Mayor Suarez: And, that is... Commissioner Dawkins: Second the motion. Mayor Suarez: that is built in as motion to reconsider at the same time. Can we do it that way? Mr. City Attorney. Commissioner Plummer: Reconsider. A. Quinn Jones III, Esq. (City Attorney): Yeah, what happens is this was not... Commissioner Plummer: OK. Mayor Suarez: Because, we had previously rejected it. All right, Ms. McQueen. Ms. Felicia McQueen: OK, I was wondering, when will it start? Mayor Suarez: You might need to move the mike a little closer to you. Ms. McQueen: When will it start? The security? Commissioner Plummer: The Fire Chief said he's already started. Ms. McQueen: He wasn't there last night, the police sat still for 30 minutes. Commissioner Plummer: Well, I am sorry. You talk with your chief. Mr. Williams: We would get it started almost immediately. Mayor Suarez: All right. And, are you making the presentation on your own behalf or as a member of the department or as a citizen or all of the above? Commissioner Plummier: It's crazy. Ms. McQueen: My car was broken in four days after they ... Commissioner Dawkins: Pull the mike towards you, darling 74 October 14, 1993 Commissioner Plummer: They are breaking into the cars. Ms. McQueen: My car was broken into four days after they stopped the contract and... Mayor Suarez: I see. Ms. McQueen: ...as I went into the car, it... I was going to the car, the guy was still in my car, you know, so... It is really for my life that I was, you know... Mayor Suarez: All right. Commissioner Plummer: No, don't feel bad. They did that in my neighborhood. Mayor Suarez: OK. t Commissioner Plummer: But, we are not asking for security guards. Mayor Suarez: All right, without - much more editorializing, we have a motion and second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-641 A RESOLUTION ACCEPTING THE BID OF ALANIS SECURITY, INC., FOR THE FURNISHING OF SECURITY GUARD SERVICES TO VARIOUS CITY DEPARTMENT'S ON AN AS NEEDED BASIS FOR A PERIOD OF ONE YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE YEAR PERIODS AT THE PRICES STIPULATED IN BID NO. 92-93-118 AND IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE DEPARINEKNP OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE; ALL COATING FUNDS THEREFOR FROM THE VARIOUS CITY DEPARTMENTS' FY '93-94 OPERATING BUDGETS AS NEEDED; DIRECTING THE CITY MANAGER TO BRING JUSTIFICATION FOR ADDITIONAL FUNDING REQUESTS FOR SAID SERVICE TO THE CITY COMMISSION FOR APPROVAL; AUi'HORIZING THE CITY MANAGER TO INSTRUCT THE 1 CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AS NEEDED AND THEREAFEER TO EXTEND 'PHIS CONTRACT ANNUALLY SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) I 75 October 14, 1993 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote; AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Mrs. Armbister, is definitely happy, let the record reflect that.. That... No, just for the record. Ms. Esther Mae Armbrister: I just want to know how long it will be before you begin this? He told me by Monday. Mayor Suarez: They just asked that, it will be almost immediately. So... Ms. Armbrister: All right, thank you. Mayor Suarez: So, get on Ron's back, Ms. Armbister. Mr. Odio: We start today. Ms. Armbrister: OK, thank you. --------------- -------------------------------------------------------------- 21. CONFIRM CITY ATTORNEy, S REAPPOINIVENT OF LAW FIRM OF SWEETAPPLE, BROEKER, VARKAS, P.A. -- TO SERVE AS SPECIAL COUNSEL ID THE NUISANCE ABATEMENT BOARD. ------------------------------------------------------------------------------ Commissioner Plummer: Who was the firm of Sweetapple, Broeker ... Mayor Suarez: I think this is Doug Broeker's is what it is. Commissioner Plummer: Who is that firm? Mayor Suarez: Who is been doing the... He is the fellow from the northeast who has been doing the... Melanie's husband I believe. Commissioner Plummer: Who? Whose husband? Mayor Suarez: Melanie. Commissioner Plummer: Who is Melanie? Mayor Suarez: She is the Doug Broeker's wife. 76 October 14, 1993 e Commissioner Plummer: Is this the one that they always sai it was a conflict? She is head of the chamber? Commissioner Alonso: No, she is not. She is no longer the chairman. Commissioner Dawkins: No longer has no chairman, yet. Mayor Suarez: No longer chairman. Commissioner Plummer: She is no longer there? Mayor Suarez: I don't know, I don't know. I am just... Commissioner Plummer: Is this firm a City of Miami firm? Commissioner Alonso: Precisely... Mr. Cesar Odio (City Manager): Yes. They have been doing the work now. Commissioner Plummer: Did it go out for bid? Mayor Suarez: I don't think it will be a company, but... A. Quinn Jones III, Esq. (City Attorney): No, we don't. We don't. This was, you remember, Commissioner, I made a recommendation in the last time, and this is, since their contract is up at this point, because of the work that they'll be done and the position that they are in now, I am recommending their continuance. Commissioner Plummer: You can't get it any cheaper? Commissioner Alonso: I'll move it. Mr. Jones: In fact, they wanted an increase. Commissioner Plummer: I don't care what they want. Can you get it cheaper? Mr. Jones: I think - $18,000 - I think that's quite reasonable. It is consistent with our other boards, council for the other boards, in what they charge. Commissioner Plummer: OK. Commissioner Alonso: I think it is so important. They have the knowledge, the expertise, they have followed it through. They are doing an excellent job. Commissioner Plumper: Madam, I don't have any problems with that. But, you know and I know, that the other law firm said, "Why don't we ever get a chance?" The City uses the same old ones, the same old one, why don't we have the opportunity to do business with the City? Commissioner Alonso: I don't think... 77 October 14, 1993 Commissioner Plummer: And, I am merely asking, are they a City law firm? Mayor Suarez: Where are they located? Did we ascertain? Commissioner Plummer: He said they were. And, I am assuming their offices are in the City of Miami? If they are not, I want to raise hell. Mr. Jones: They are... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: What? Downtown, Coral Gables? (INAUDIBLE BACKGROUND COMMENI'S NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Downtown, where? Mr. Jones: They are located at 66 W. Flagler Street... Commissioner Plummer: That's fine. Mr. Jones: ...Concord Building. Commissioner Plummer: That's fine. Mayor Suarez: OK. Moved and seconded. Seconded by Commissioner Plummer, call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-642 A RESOLUTION CONFIRMING THE CITY ATTORNEY'S REAPPOINTMENT OF THE LAW FIRM OF SWEETAPPLE, BROEKER, VARKAS, P.A. TO SERVE AS SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD, AT THE RATE OF COMPENSATION SPECIFIED HEREIN; ALLOCATING FUNDS THEREFOR, IN AN NUUNT NOT TO EXCEED $18,000, FROM FY '93-94 RJICO= FUNDS OF THE NUISANCE ABATEMENT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 78 October 14, 1993 Upon being seconded by Commissioner Plummer, the resolution as 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: None. ABSENT: Commissioner Miller J. Dawkins ------------------------------------------------------------------------------ 22. AUTHORIZE PAYMENT OF FINAL JUDGMENT To GABRIEL CASTELLON ($100,000). ------------------------------------------------------------------------------- Mayor Suarez: Item 18. Judgement against the City. Commissioner Plummer: What was... Give us a brief synopsis of why you screwed up. A. Quinn Jones III, Esq. (City Attorney): Why we screwed up? Commissioner Plummer: Yeah. Mr. Jones: This was a case wherein our police - mistaken identity really - shot a security guard. They guy happened to have been elderly. Of course, the description of the individual they were looking for was, of course, different than the individual they shot. So, it went to a jury trial wherein the - there was a finding that the City was 99 percent negligent. And, that the individual was one percent negligent. Which translated into a total... Commissioner Plummer: Is this... Is this the one where the guy stuck a shot gun out the window? Mr. Jones: Stuck a shot gun out the window? Commissioner Plummer: Yeah, I think the security guard... sleeping in the car. Mr. Jones: Yeah. Which translated into a total verdict of $544,500. And of course, as you know, when there is - under 768 Florida Statutes, the City's tort liability, is limited to $100,000. I have to tell you that there still would exist the possibility that they make seek a claims bill. But, right t now, our partial - impartial... Commissioner Plummer: The claims bill is denied, and the legislature sends it back to us to pay the rest, is that correct? Mr. Jones: No, if the claim's bill is accepted, they would send it back to the City to pay. And... 79 October 14, 1993 t Commissioner Plummer: And how much more would we have to pay? Mr. Jones: You'd be looking at approximately another four hundred sane thousand dollars. Commissioner Plummer: Should we not wait until we }mow about that? Mr. Jones: Well, there is the thing about... Commissioner Plummer: Well, I guess the other question that I really want to know is, is there an appeal process here? Mr. Jones: Well, there is no basis for appeal here. Commissioner Plummer: Well, I guess once you said that, there is really nothing... Mr. Jones: Yes. Commissioner Plummer: ...else to say. Is there? Mr. Jones: No. Mr. Plummer: With that kind of an attitude. Mr. Jones: The thing about it, with the claim's bill, there is no statute of limitations on that. That can be brought five years from now, ten years from now. So, I tell you right now, we have a judgment entered for $100,000 that we have to... Commissioner Plummer: Is this paid directly to the recipient, or he and his attorney? Mr. Jones: Directly to the recipient. Commissioner Plummer: I move 18. Vice Mayor De Yurre: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. M. October 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLLTION NO. 93-643 A RESOLUPION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GABRIEL CASTEL ON THE SUM OF $100,000 IN PARTIAL SATISFACTION OF A JUl�n = AGAINST THE CITY OF MIAMI, PURSUANT TO THE FINAL JUDCVENT FOR PLAINTIFF, GABRIEL CASTELLON, AS ORDERED BY JUDGE. JUAN RAMIREZ OF THE EIEIEN'1'H JUDICI_AL CIRCUIT ON MAY 17, 1993, CASE NO. 90-59075 CA 23, WITH SAID FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND. f (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1 Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins ------------------------------------------------------------------------------ 23. AUTHORIZE FILING OF AN OFFER OF JUDGMENT' TO JUAN AND CITA FRAIZ ($75,000). Mayor Suarez: Item 19. Commissioner Plummer: Briefly tell us of another $75,000.00 screw up. A. Quinn Jones III, Esq. (City Attorney): I hate to bring me the bearer of bad news... Commissioner Plummer: You usually are. Mr. Jones: This is a... This is a slip and fall in the sidewalk, of course... Commissioner Plummer: No fault, Simon. Mr. Jones: ...that the City... the City controls. There is some question about notice, as to whether in fact, the City was ever put on notice. The guy has a 70 year old plaintiff who has $150,000 in medical bills now. What I would like to do is, you know, under the Offer of Judgement Rule, if we make 81 October 14, 1993 this offer of judgment and of course it's not accepted or they get a judgement less than, I think it's 25 percent less than what we've offered, then of course, we'd be able to recoup our cost and attorney's fees. Commissioner Plummer: Is this paid directly to the recipients or they and their lawyers? Mr. Jones: Well, it is not payable. All this is is that we want to put on the record... Commissioner Plummer: Who will it be payable to if accepted? Mr. Jones: If they accept it, it would be payable to the plaintiff. Commissioner Plummer: And not to the lawyer? Mr. Jones: Not to the lawyer. Commissioner Plummer: I move it, Mr. Mayor. Mayor Suarez: So moved. Commissioner Alonso: Second it. Mayor Suarez: Seconded. Any discussion? If not, please call the roll on 19. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-644 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE AN OFFER OF JUDGMENT, WITHOUT ANY ADMISSION OF LIABILITY, TO PLAINTIFFS, JUAN FRAIZ AND CITA FRAIZ, ON BEHALF OF THE CITY OF MIAMI, THE DEFENDANT, IN CASE NO. 92-13697 (CA 32), PENDING IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA, IN AN AMO= NOT TO EXCEED $75,000.00; AND SHOULD SAID OFFER BE ACCEPTED, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE RESULTING JUDGMENT WITH FUNDS FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 82 October 14, 1993 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. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins ------------------------------------------------------------------------------ 24.(A)AMEND RESOLUTION 91-502 (RELATING TO DISPOSITION OF WEAPONS PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT) -- ESTABLISH COMMISSION POLICY TO PROVIDE THAT IF MORE THAN ONE WEAPON HAD BEEN ISSUED TO SAID SWORN PERSONNEL, THEY SHALL HAVE THE RIGHT TO PURCHASE ONE SUCH OTHER WEAPON, PURSUANT TO THE HEREIN POLICY. (B)ACCEPT BID: QAGK, INC. -- FOR FURNISHING 1300 UPDATED GLiOCK GUNS (FOR POLICE DEPARrMEDFI') . ------------------------------------------------------------------------------ Mayor Suarez: Item 20. Commissioner Plummer: Move it. This is just an amendment to a previous policy. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-645 A RESOLU ION AMENDING SECTION 3(b) OF RESOLUTION NO. 91-502, ADOPTED �JULY 11, 1991, RELATING TO THE DISPOSITION OF WEAPONS PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF THE MIAMI POLICE DEPARTMENT, TO THEREBY ESTABLISH A CITY COMMISSION POLICY TO BE IN EFFECT INDEFINITELY, FROM THE DATE OF THIS RESOLUTION, CONDITIONED UPON 2lE POLLICE DEPARTMENT STILL BEING IN POSSESSION OF THE WEAPON, '10 PROVIDE THAT IF MORE THAN ONE WEAPON HAD BEEN ISSUED TO SAID SWORN PERSONNEL FOR THEIR INDIVIDUAL USE, THEY SHALL HAVE THE RIGHT TO PURCHASE ONE SUCH OTHER WEAPON, IF THE. WEAPON IS AVAILABLE, AT A PRICE WHICH IS EQUAL TO OR GREATER THAN THE AMOUNT THAT WOULD BE REASONABLY ANTICIPATED FROM THE SALE OF SUCH OTHER WEAPON THROUGH PUBLIC AUCTION; FURTHER RATIFYING, APPROVING AND CONFIRMING ANY SUCH AC!TTONS THE CITY MANAGER MAY HAVE TAKEN IN AUTHORIZING THE PURCHASE OF SUCH OTHER WEAPON PRIOR TO THE DATE HEREOF. (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 J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Miller J. Dawkins CC�TS MADE AFTER ROLL CALL. Commissioner Plummer: Mr. Mayor, I've been asked by the Police Department and the Administration for the following to upgrade our weapons. They have made an agreement with the Glock Company who is responsible for the following resolution accepting the bid of Glock Incorporated for the furnishing of 13,000 Glock guns at a proposed amount of $435,500 less trade in allowance of $410,500 for a total proposed amount of 25,000 allocating funds there from the Police Department General Operating Budget Account, code number 290201-840, authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order for this acquisition. Mr. Mayor, what it basically does is it gives every policemen a new weapon of a new caliber for a total cost not to exceed $25,000. It is one hell of a buy. I so move, Mr. Mayor. Mayor Suarez: So moved. Seconded, by Vice Mayor De Yurre. Call the roll. 84 October 14, 1993 Commissioner Dawkins: What item? Mayor Suarez: Twenty... Unidentified Speaker: 20-A. Commissioner Plummer: 20-A. Commissioner Dawkins: Twenty-eight? Mayor Suarez: Twenty. Item 20. Commissioner Plummer: That's one of the Manager's pocket. He has two. Mr. Cesar Odio (City Manager): What we are doing, Commissioner... Mayor Suarez: Well, it is 20-A, I am sorry. I thought it was 20. I' Mr. Odio: We are replacing all the Glock guns for new ones for $25,000. They normally would cost four hundred and thirty... Commissioner Dawkins: All of them? Commissioner Plummer: Everyone. Thirteen hundred. Mr. Odio: Normally it would cost you $435,000 and we need to take them all back and give us the new guns for $25,000. Mayor Suarez: What is the pressure situation on the trigger? How is that going to be different or less? Mr. Odio: I tried them, and it is a heavier gun. Commissioner Dawkins: He is not a policeman, let's have... Let's hear from the police. Mr. Odio: It has less... It has less penetration. The bullets have less penetration power, which protects us from shooting at somebody that the bullet goes through. Mayor Suarez: Goes right through. But, the pressure is otherwise the same as far as the trigger? Mr. Odio: Well, I find it hard. Mayor Suarez: Would you please look into that before... Lt. Joseph Longueira: Yes. Mayor Suarez: ...you let out this new purchase order. Lt. Longueira: Yes, yes I will. 85 October 14, 1993 Mayor Suarez: I don't want to put it on the... Commissioner Plummer: Mr. Mayor, I can... Mayor Suarez: ...record, but there has been some suggestion that there is a bit of a problem with the Glocks. And, I just call that to your attention before we go into a whole new generation of them. Commissioner Plummer: May I bring to your attention, Mr. Mayor, that one of the areas of discussion that on the old guns that had to be a modification. We are now eliminating that problem by going to the new guns and not having to modify the old ones. Mr. Odio: We are getting a newer... And, not only that, and we are getting something that we had to do to the old guns. It is to put the night sight on it. Commissioner Plummer: Sight. Mr. Odio: They come with night sight and the new pressure. They are better gam• Commissioner Dawkins: Make sure, Mr. Manager, that we spell out in all of the media and all of the releases that these guns will only go to former law enforcement officers who were trained and... Commissioner Plummier: That is item 20, Mr. Dawkins. Mr. Odio: Yes, sir. The item 20. Commissioner Plummer: This is two different items, now. Mr. Odio: Yes, sir. Commissioner Dawkins: Well, when I asked they told me 20. Commissioner Plummer: A. Mr. Odio: You are .right, on 20, we will make sure that it will go to only the police... Commissioner Plummer: The purchase of the others is one of the Manager's pocket item. Commissioner Dawkins: OK, all right, I don't have any further question on 19. Mayor Suarez: All right. Commissioner Plummer: 20. Mayor Suarez: The special item proposed by the Manager as an emergency administrative item. Commissioner Plummer: I moved it. 86 October 14, 1993 Commissioner Plummer: I think De Yurre seconded it. Ms. Matty Hirai (City Clerk): Yes, sir, he did. Mayor Suarez: OK, call... Commissioner Dawkins: Is that done with regular funds or is it coming out of LEEA (sic) Money? Mr. Odio: No regular funds. Commissioner Dawkins: I beg your pardon? Commissioner Plummer: No. Mr. Odio: Regular funds. Commissioner Dawkins: OK, I now have no questions. Commissioner Plummer: There is no LEEA (sic) money. Mayor Suarez: Call the roll, he means Law Enforcement Trust Fund. Commissioner Plummer: I know what he means. Y AI The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-646 A RESOLUTION ACCEPTING THE BID OF GLOCY, INC. FOR THE FURNISHING OF 1,300 GLOCK GUNS IN A PROPOSED AMOUNT OF $435,000.00 LESS TRADE-IN ALLOWANCE of $410,500.00, FOR A TOTAL PROPOSED AMOUNT OF $25,000.00; ALLC7CATING FUNDS THEREFOR FROM THE POLICE DEPAR`IME91" GENERAL OPERATING BUDGET, ACCOUNT CODE N0. 290101-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 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 i NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 25. VACATE / DISCONTINUE / ABANDON THE EAST 18 FEET OF LOT 8, ffi.,OCK 1, AMENDED PLAT OF FLAGLER TERRACE -- EXECUTE A QUIT CLAIM DEED IN FAVOR OF OLGA RIANO (SUCCESSOR IN INTEREST OF THE DEDICATOR), WITH PROVISOS. ------------------------------------------------------------------------------- Mayor Suarez: Item 21. Commissioner Plummer: How much are we being paid for that? Mr. Kay: Mr. Commissioner... Commissioner Plummer: How many square feet are we giving this lady? Mr. Kay: I calculated the square feet. Commissioner... 4 Commissioner Plummer: Was it 18 feet wide, how long is it? It is pretty easy to do. Mr. Kay: The eighteen... We are looking at 18 feet by approximately 80 feet, that is what it is. 88 October 14, 1993 Commissioner Plummer: All right, and how much are we being offered? Mr. Kay: We are not being paid anything for it. And, the reason for that is that we... when we took the dedication, we did not pay anything for it. Commissioner Plummer: So? Commissioner Dawkins: Have we maintained it and kept it up? Mr. Kay: No, actually, it appears almost as an extension of her awn property. It is actually behind the sidewalk, what we are talking about. We've searched our files and tried to find out why we even considered taking this property some years back which... Commissioner Plummer_: Why would she want it back today, where she would have to pay taxes on it? Commissioner Alonso: Because it is her property. Mr. Kay: Well, she is trying to sell her house. She is an elderly person trying to sell it. The house, as it is right now, encroaches into the right- of-way. And, she cannot sell the house in that condition. Commissioner Alonso: And, it says that if the City abandoned the property, it goes back to the property owner. Mr. Kay: Yes, right. There is a reverter clause... Commissioner Alonso: There is a reverter clause. Mr. Kay: ...in there that says that if the City ever uses this for right-of- way purposes... does not use this for right of way purposes, it reverts back to the owner. Commissioner Plummer: Move 21. I try. Mayor Suarez: Moved. Seconded by Commissioner Alonso who put her glasses on, that's close enough. Call the roll. Commissioner Alonso: Yes. 89 October 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION No. 93-647 A RESOLUTION, VACATING, DISCONTINUING AND ABANDONING THE EAST EIGHTEEN (18) FEET OF LOT 8, BLOCK 1, AMENDED PLAT OF FLAGLER TERRACE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, AT PAGE 80, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (THE "EAST EIGHTEEN (18) FEET OF LOT 8"); AND QUIT CLAIMING SAID PARCEL OF LAND TO THE SUCCESSOR IN INTEREST OF THE DEDICATOR, OLGA RIANO, AN UNMARRIED WIDOW, SUBJECT TO SAID SUCCESSOR IN INTEREST PROVIDING EVIDENCE TO THE CITY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT THE REVERSIONARY RIGHTS OVER THE SAID PARCEL OF LAND FLOWS FROM i'HE DEDICATOR TO OLGA RIANO, AMID AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FAVOR OF OLGA RIANO. (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. 26. BRIEF COMMENTS AND DEFERRAL OF PROPOSED APPOINTMENT OF AN INDIVIDUAL AS MEMBER OF THE NUISANCE ABATEMENT BOARD. (NO ACTION TAFENN) ------------------------------------------------------------------------------ Mayor Suarez: Item 22. Mr. Cesar Odio (City Manager): It's Commissioner Dawkins appointment to the Nuisance Abatement Board. Mayor Suarez: The Nuisance Abatement Board, is he ready with that nomination? Commissioner Dawkins: They have to live in the City... Mr. Odio: The City. 90 October 14, 1993 ------------------------------------------------------------------------------ 27.(A)CONFIRM APPOINIM Wr OF INDIVIDUAL TO OFF-STREET PARKING BOARD. (Reappointed was: Dr. Eduardo Padron.) (B)DISCUSSION CONCERNING ONGOING CITY SUBSIDY OF THE GUSMAN BUILDING. -------------------------------------------- Mayor Suarez: Now, we go to 22 - 23. Commissioner. Alonso: Twenty-three. Move it. Mayor Suarez: All right. Who was that. Commissioner Alonso: The appointment of Dr. Eduardo Padron. Mr. Odio: This is to confirm the appointment of Eduardo Padron. Mayor Suarez: Dr. Padron reappointed. Commissioner Alonso: Yes. Mayor Suarez: Moved and seconded by Commissioner Plummer who moved his pen in the appropriate direction. Call the roll. i (CITY CLERK CALLED THE ROLL - UNANIMOUS) Mayor Suarez: Commissioners, an idea has arisen, for the first time in a long time, about a possible way of transferring control, operation, debt losses of the Gusman, to a private group with County support. Commissioner Bruce Kaplan who apparently... whom I am told, heads the committee that oversees that, is very agreeable to the idea. Mr. Cook has prepared some numbers to go along with the proposal. Mr. Manager, there will be a memo in your desk at the end of the day today with the whole thing and has a "cc" to all the Commissioners, but I know Commissioner Plummer will be particularly happy to see the idea... Commissioner Plummer: Oh, I am half happy, Mr. Mayor. I Mayor Suarez: ...and hopefully implement it. Commissioner Plummer: They are going to take it over and eliminate the subsidy. Mayor Suarez: Right. Commissioner Plummer: But, are they going to put it back on the tax rolls? Mayor Suarez: I don't think so. Because I think it will be going to a nonprofit group. But, at least, we don't have $300,000 a year in losses. Commissioner Plummer: OK, but my question is, "Is that the office building as well as Gusman Theatre?" 91 October 14, 1993 Mayor Suarez: I think it is the whole shebang. I don't think there is any way to separate it. Yes. This is just an idea, I'm just telling you that the County Commissioner in question seems inclined favorably. Commissioner Plummer: Yeah. Mayor Suarez: The Friends of Gusman seem interested in adding more of their own input, resources, et cetera. Maybe some of it would be in coordination with the Off -Street Parking Authority so that you would provide some of the man power as you've done. I don't know. But, if you would supervise this. I am obviously not going to be here to see it through. So... Commissioner Plummer: Mr. Mayor, I would want Clark to make damn sure there is a reverter clause, that if they ever abandon their control, it reverts back to the City of Miami. Mayor Suarez: OK. Commissioner Plummer: I think it is a tremendous idea, Mr. Mayor. Mayor Suarez: I appreciate your saying that because it really took a little bit of convincing. Commissioner Plummer: You know what I've been trying to do. Mayor Suarez: Yes, sir. And, the memo will be in front of all of the Commissioners by the end of the day in case you want to take action before the end of this term, if not, at the next term. Commissioner Plummer: I'll do it in blank. Mayor Suarez: Moved and seconded as to the appointment, call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: I RESOLZTI'ION NO. 93-648 A RESOLUI'ION CONFIRMING THE APPOINrWM OF AN i INDIVIDUAL TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI TO SERVE A TERM OF OFFICE AS HEREIN DESIGNATED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) j 92 October 14, 1993 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 ------------------------------------------------------------------------------- 28. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN. (Appointed were: Shalley A. Jones, Leonor Lagomasino, Yvonne MacDonald, Gail Nedelman-Stone, Laura Perez & Marian Smith; two appointments still pending.) Mayor Suarez: Item 25, Commission on Status of Women. Commissioner Plummer: Whose appointments are they? There are nine appointments? Mr. Cesar Odio (City Manager): No, on item 26? Ms. Betty Kaynor: I am here for 25. Commissioner Plummer: Twenty-five. Mr. Odio: Twenty-five, I am sorry. Ms. Kaynor: I am sorry, I am Betty Kaynor, the... Mr. Odio: Nine members. Ms. Kaynor: ... coordinator for the Commission on the Status of Women. We had submitted the - the resolution was submitted for the nine vacancies. They are... Mayor Suarez: We usually don't vote. The Commissioner's question is really directed at... Ms. Kaynor: Oh. Mayor Suarez: ...whether we usually vote on the basis of so many appointments per Commissioner. But, I don't think we do in this case. I think we do it on the basis on your recommendations and then some additional ones that we... Commissioner Plummer: They haven't made recommendations. 93 October 14, 1993 Ms. Kaynor: There are six recommendations that have been made by the City Commission and by your office, Mayor Suarez. Mayor Suarez: OK, but as to the ones pending now, those... Ms. Kaynor: Yes. Mayor Suarez: OK, which are those, please? Ms. Kaynor: They are Shelly Jones, this is in the hands of the City Clerk. It was submitted to them. Mayor Suarez: OK. Just read them into the record. I'll have someone here fron Commissioner Uonso also. Ms. Kaynor: Leonor Lagomasino, Yvonne McDonald, Gail Nedelman-Stone, Laura Perez, and Marian Smith. Mayor Suarez: OK. I see Marian Smith here. Commissioner Plummer: Do they live in the City? Ms. Kaynor: There are... Commissioner Plummer: Do they live...? Commissioner Alonso: That's my appointment. Mayor Suarez: And Gail Nedelman-Stone, both of these are here. Ms. Kaynor: There are three more... There are three more vacancies and we would like to petition you, as the Commission, to let the other three appointments be submitted in writing to the City Clerk. Commissioner Plummer: The names that you've surrendered just now, do they live in the City? Ms. Kaynor: Most of them... They either work or live in the City. Commissioner Plummer: OK. Mayor Suarez: The requirements apparently... Ms. Kaynor: I checked this with several of the Commissioner's offices and... Mayor Suarez: No, no, as far the technical requirements, just that we know that we are not running a foul of the ordinance. Is it either one... OK. Commissioner Alonso: Live or work. Mayor Suarez: All right. Ms. Kaynor: Yes. 94 October 14, 1993 Commissioner Plummer: I have, Mr. Mayor, I have two names for consideration, Yvonne McDonald... Mayor Suarez: Already in the list she just read. Commissioner Alonso: It's already in the list. Ms. Kaynor: Yes. Commissioner Plummer: ...and Gail Nedelman-Stone. Ms. Kaynor: Yes, correct. Mayor Suarez: Already in the list, all right. Ms. Kaynor: Those were your appointments. Commissioner Plummer: OK. Mayor Suarez: All right. Vice Mayor De Yurre: Mr. Mayor. Mayor Suarez: Yes, Vice Mayor. Commissioner Plummer: Mr. Mayor, excuse me. Victor, excuse me. May I suggest, keeping in mind that the Commission might want the latitude that we make them one year appointments, until this Commission decides whether or not terms to appointments to boards are concurrent with the Commissioner who appoints them. A. Quinn Jones III, Esq. (City Attorney): I don't know if the bylaws may provide for this term. I don't think this is provided for by a code. And, if that is the case, they will have to amend the internal bylaws. Ms. Kaynor: We have the ... it has been for three years, and it has been by presentation of the Commission. Commissioner Plummer: That's not my point. Mr. Jones: No, I am just trying to say... Commissioner Plummer: My point simply, that Commissioner Alonso sometimes ago brought up, and I hope we are going to pursue, that Commissioners serve for a four year term, the appointments to boards should be no longer than that Commissioner's term, so the new Commissioner has the right to put who he feels, are his people in the positions of boards. So, I would hope that we can make this a one year appointment so that next year, when we bring all of this up, we can start that procedure. If that is what the Commission approves. If we are locked in to three years then we don't have it. Ms. Kaynor: Commissioner Plummer, may I ask you a question? Commissioner Plummer: Sure. 95 October 14, 1993 Ms. Kaynor: In the past, we have had 25 members on this board and they have never been specifically appointed by a Commissioner. Such as eight... I mean each of the Commissioners, five of the Commissioners appointing five people plus the three extra one. They have been submitted to the Commission as a whole, and each of the Commissioner's office... Commissioner Plummer: Ma'am, I understand... Ms. Kaynor: ...have been asked for their appointments. Commissioner Plummer: I understand what you are talking about in the past. We are talking to a new future. Vice Mayor De Yurre: Is that it? Mayor Suarez: I think... Commissioner Alonso: I think that we have delayed the process for this organization for such a long time. And, I think they have had to come in front of us so many times... Mayor Suarez: I... Yeah., I... Commissioner Alonso: ...I think... Commissioner Plummer: I'd like to approve the names that are surrendered for a one year term. Mayor Suarez: I think the only way to accomplish what you would like... Commissioner Alonso: I move that we approve as presented to us. Mayor Suarez: Commissioner Plummer, I think that the way to accomplish what you like is to, as we submit these names and approve them, please convey to the board that when a new Commission is seated, it is an extremely good idea for all of the names to be re -submitted to the new Commissioners. Otherwise, the Commission might deem see fit to abolish the board, change its terms formally... Commissioner Plummer: That's fine. Mayor Suarez: ...whatever, the Commission... Commissioner Plummer: That's fine. Mayor Suarez: ...considers desirable. So that people are consulted... Commissioner Plummer: Mr. City Attorney. Mayor Suarez: ...as they take over these new seats here. Commissioner Plummer: Please... 96 October 14, 1993 Mayor Suarez: That's the message to be conveyed. Because otherwise what he wants to do can be done very easily just by changing the ordinance. Commissioner Plummer: Mr. City Attorney, please bring that matter back up in December. Mayor Suarez: There you go. Vice Mayor De Yurre: I am sorry, Victor. Ms. Kaynor: Thank you, Commissioner Plummer. Vice Mayor De Yurre: Mr. Mayor, if I may? Mayor Suarez: Yes, Commissioner... Mr. Vice Mayor. Vice Mayor De Yurre: If I may again? You mentioned that you had submitted the names to the City Clerk. Ms. Kaynor: I gave them to Ms. Lowman. And Marian is not on there. Marian Smith. Vice Mayor De Yurre: OK, now, the problem that I have is I don't know this names. You know, and I hate to have then submitted... Ms. Kaynor: Well, Alina Salum, in your office, knows the names. They've been submitted to her, and I've asked also for your appointments. Vice Mayor De Yurre: OK, now. Do we have... Ms. Kaynor: Twice, Mayor. Vice Mayor De Yurre: Do we have like resumes or something along with these names? Ms. Kaynor: Yes, you do in your office. Vice Mayor De Yurre: They have then all? Ms. Kaynor: Yes, sir. Yes, you've had them for several months. Vice Mayor De Yurre: OK. You have any new names here th t were not there before? Ms. Kaynor: No... Yes, the one... There are two new names, one is Leonor Lagomasino... Commissioner Plummer: Thank you. Ms. Kaynor: ...who is... has been appointed by Mayor Suarez, and Marian Smith, who is being appointed by Dr. Alonso. Vice Mayor De Yurre: And there are any more openings then or what? 97 October 14, 1993 Ms. Kaynor: Yes, there certainly are. I am looking forward to hearing from you. Vice Mayor De Yurre: OK. Fine. Mayor Suarez: All right. With all of those provisos and understandings, the names have been moved and seconded? Commissioner Alonso: I moved. Mayor Suarez: Moved. Commissioner Plummer: Yeah. Mayor Suarez: Seconded by Commissioner Plummer. Call the roll. I Ms. Kaynor: Thank you. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLxTION NO. 93-649 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMISSION ON THE STATUS OF M4EN OF THE CITY OF MIAMI, FLORIDA, FOR TERMS OF OFFICE AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins ------------------------------------------------------------------------------ 29. APPOINT INDIVIDUALS TO SERVE AS REGULAR MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD. (Appointed was: Jose Estevez; one appointment still pending.) ------------------------------------------------------------------------------ Mayor Suarez: Item 26. I nominate for my resigned appointee, Jose Esteves. And by the way, Commissioner Plummer, I want you to know that I will let this individual know that he should come and make himself acquainted to the new 98 October 14, 1993 Mayor in case that the new Mayor wants to... Really what they should do is tender their resignation at that point. Commissioner Plummer: I agree. Mayor Suarez: Right. I will let him know that that's... Commissioner Plummer: I do not have my appointment ready at this time. Mayor Suarez: OK. Ms. Joe McManus: Can I, as a point of information, Commissioner, the Urban Development Review Board had an informal meeting and they agreed to support the reappointment of Willy Bermello, if you'd care to consider... Commissioner Plummer: Well, excuse me, I am sorry. I appointed him before, and when I see terminology here removed due to excessive absences, appointed by Commissioner Plummer, I am not much prone to reappoint somebody who doesn't want to attend. Mayor Suarez: I guess they are trying to... Commissioner Plummer: And especially when I put him there in the first place. Mayor Suarez: All right. Commissioner Plummer: Now, you know, if the man, Willy Bermello, is one tremendous guy. And if he wants to come here and tell me, or comes to my office and tell me that it won't happen again in the future... Mr. McManus: OK. Commissioner Plummer: ...to embarrass the Commissioner who appointed him, I'll be glad to rethink about it. Mr. Cesar Odio (City Manager): Want to appoint him subject to that? Why don't you appoint him subject to that, and if he doesn't agree we'll bring it back? Commissioner Plummer: No, sir. You know, let the man come and say, "Hey." Mr. Odio: OK. Mr. McManus: OK. Commissioner Plummer: Let him sit there and look into my eyes and tell me that it ain't going to happen no more. Because I am embarrassed by this. Mayor Suarez: All right, as to the nomination then of the one that is not objected to, Jose Esteves, who is my appointment, he is with Mas, Pons, Goicuria and Esteves, MGNE. Commissioner Plummer: I won't hold that against him. 99 October 14, 1993 Mayor Suarez: Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-550 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS REGULAR MEMBERS OF THE CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Mayor Suarez: Yves, Joe, if you would call Mr. Esteves, it may be that he is one of the senior members in that firm, and maybe there is some younger people on that firm who would want to serve instead of himself. And, then the new Commission can appoint another member of that firm. Commissioner Plummier: Mr. Manager, is there a... Mayor Suarez: Do you know him? Do you know him? I am sorry. ------------------------------------------------------------------------------ 30. BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING HIS PROPOSED NOMINATION OF BRIAN FLYNN GEENrY TO THE PLANNING ADVISORY BOARD -- ADMINISTRATION DIRECTED TO PROCESS HIS APPLICATION THROUGH REQUIRED CHANNELS. Commissioner Plummier: ...Is there a Planning Advisory Board that I have to assign? Mrs. Armesto, who I think is now a City staff member, resigned. And I don't find it here. Mayor Suarez: It's probably on the next agenda. 100 October 14, 1993 Mr. McManus: I think it's moving along. We have to run the advertising. Mayor Suarez: Do the publication. Commissioner Plummer: OK, well. I will appoint Brian Flynn Geenty, G - E - E - N - T - Y. Mayor Suarez: "R-Y", no? Commissioner Plummer: No, I have it as G - E - E - N - T - Y at my... That's what I have here. Mayor Suarez: It's "N-T", then. Commissioner Plummer: And he does in fact, which I though was important, he represent Northeast Miami. Mayor Suarez: Why don't you mention that he goes through the application j process which in that case is a formal one, Joe, and then brought back to the Commission for a formal appointment? OK. Item 27. Affirmative Action Advisory... ------------------------------------------------------------------------------ 31. APPOINT INDIVIDUAL TO PRIVATE INDUSTRY COUNCIL (SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM) -- RECOMMEND THAT HE BE APPOINTED VICE CHAIRMAN. (Appointed was: Luis Sabines.) ------------------------------------------------------------------------------ Commissioner Plummer: Mr. Mayor, excuse me. Mayor Suarez: Yes. Commissioner Plummer: What did we do with item 24? It was withdrawn, why? Mr. Manager, hello! Hello! Why did we withdraw 24? Mr. Cesar Odio (City Manager): Twenty-four, I don't even know what 24 was. Commissioner Plummer: Appointing members to the PIC. It says need resolution and packet. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Is there and opening to be appointed to the PIC board? (INAUDIBLE BACKGROUND CM&WM NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Is there an opening for the City on the PIC board? Mr. Odio: What agenda do you have? Commissioner Plummer: Item 24, sir. 101 October 14, 1993 Mr. Odio: No, you have a draft agenda. Commissioner Plummer: It was withdrawn, but I want to know why. Mr. Odio: I don't know why. Commissioner Plummer: Why was it withdrawn? Mr. Aurelio Perez-Lugones: We did not get the packet in time. ConTnissioner Plummer: All right, Mr. Mayor. Mayor Suarez: Yes, sir. Commissioner Plummer: I have a request from somebody who has a very vested interest, who I think would be acceptable to all for the appointment, Mr. Luis Sabines has asked to be appointed to the PIC board. Mayor Suarez: All right. Commissioner Plummer: And I move at this time, that Mr. Sabines be appointed to the PIC board representing this City. Mayor Suarez: So moved. Commissioner Plummer: I so move. Commissioner Dawkins: That's Sabines, make him Vice -Chairman. Mayor Suarez: All right, seconded with the strong recommendation that he'd be Vice -Chairman. Commissioner Plummer: With the recommendation that he'd be Vice -Chairman. Call the roll. Mayor Suarez: Call the roll. Commissioner Plummer: And say it... No, I don't want it in English. 102 October 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLITTION NO. 93-651 A RESOLUTION APPOINTING LUIS SABINES TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA TO SERVE A TERM EXPIRING JUNE 30, 1994. (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 f Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso ------------------------------------------------------------------------------ 32. APPOINT / REAPPOINT / CONFIRM INDIVIDUALS TO SERVE AS MEMBERS OF THE AFFIRMATIVE ACTION ADVISORY BOARD. (Reappointed was: Laurastine Pierce; confirmed was: Robert Cummings.) Mayor Suarez: Affirmative Action Advisory Board, Robert Cummings, nominated by SEA (Sanitation Employees Association). Do they have another nominee? Ms. Pamela Burns: Right, this is Pamela Burns, Affirmative Action supervisor. On this item, the original nomination for the for the SEA was Lawrence Right. However, he declined the appointment. Instead, we need to modify the resolution to indicate that Robert Cummings has instead agreed for the appointment. Mayor Suarez: All right. I entertain a motion on Robert Cummings and... Vice Mayor De Yurre: OK, let me ask, how about Laurastine Pierce? Mayor Suarez: And, Laurastine Pierce. Vice Mayor De Yurre: Has she been active? Ms. Burns: She has been active and she would like to be reappointed. Vice Mayor De Yurre: OK. Mayor Suarez: All right. 103 October 14, 1993 Vice Mayor De Yurre: So be it. Mayor Suarez: Mr. Cummings and Ms. Pierce are nominated. Commissioner Plummer: 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. 93-652 A RESOLUTION APPOINTING ONE (1) INDIVIDUAL AND CONFIRMING THE APPOINIMENT OF ONE (1) INDIVIDUAL TO SERVE AS MEMBERS OF THE CITY OF' MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR A TERM OF OFFICE AS DESIGNATED IEREIN. (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 ------------------------------------------------------------------------------ 33. CONFIRM APPOINIMENr OF INDIVIDUALS TO SERVE ON THE NORTHEAST TASK FORCE. (Confirmed were: Eileen Bottari, Paul Arnold, Monique Taylor & Mort Koplo.) ------------------------------------------------------------------------------ Mayor Suarez: Northeast Task Force, four appointments requested as stated there. No one has any problems. I'll entertain a motion... Commissioner Plummer: Can I ask a question? Where is Haynsworth Village? I mean, I've lived here all my life and I've never heard of Haynsworth Village. Does anybody know where that is? Mayor Suarez: On the assumption that Iiaynsworth Village is somewhere in the Northeast within the City boundaries, I'll entertain a motion. Thank you. In the meantime, Commissioner Plummer is going to lead and expedition to that area addressed as... 104 October 14, 1993 Commissioner Plummer: Maybe we need to... Mayor Suarez: Christopher Columbus. Commissioner Plummer: Maybe we need to annex it. I mean, I don't know where the hell it is. I'll be honest with you. Mayor Suarez: I love the name of the last person in that list, I tell you. Commissioner Dawkins: Well, I certainly... Commissioner Plummer: Mort Koplo... Mayor Suarez: Mort Koplo. Commissioner Dawkins: Well, I hope that no crime happens up there because you would kill yourself up there trying to find it. Commissioner Plummer: Oh, yeah? Mayor Suarez: It's so moved. Commissioner Plummer: You know where it is? Mayor Suarez: With all of the observations... Vice Mayor De Yurre: Second. Mayor Suarez: And seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-653 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE NORTHEAST TASK FORCE. (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 Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso 105 October 14, 1993 CCMMENTS MADE DURING ROLL CALL: Conmissioner Plummer: Oh, I would never vote against Haines Worth Village. ------------------------------------------------------------------------------- 34. APPOINT INDIVIDUALS TO SERVE ON THE INTERNATIONAL TRADE HOARD. (Appointed were: Angel Medina, Ignacio Bustillo & Rafael Garcia -Toledo, Jr.; two appointments still pending.) Vice Mayor De Yurre: Mr. Mayor. Mayor Suarez: Yes. Vice Mayor De Yurre: I have an appointment to the International Trade Board. I would like to appoint Angel Medina, and also to the Code Enforcement Board, Alfredo Hidalgo -Cato. Vice Mayor De Yurre: OK, as to the... Commissioner Dawkins: Second. Mayor Suarez: As to the ITB (International Trade Board), Mr. Medina. Why don't we take that vote separately? I think so we don't confuse things too much. Commissioner Plummer: Wait a minute, now, hold on. Hold... Mayor Suarez: And Commissioner Plummer, I've got my two appointments too. Commissioner Plummer: I've got appointments to the ITB also. Mayor Suarez: All right, sir. Vice Mayor De Yurre: Well, it's not the... Mayor Suarez: I have Ralph... Commissioner Plummer: Where did they go... Vice Mayor De Yurre: It's not on the agenda. So if you want to kick him in. Commissioner Plummer: But, wait a minute, they are not here. The ITB is not for today. Mayor Suarez: But we... Commissioner Dawkins: These are pocket items. Mayor Suarez: These are left over from before. Commissioner Plummer: What? 106 October 14, 1993 Mayor Suarez: No, these... Vice Mayor De Yurre: Yeah, mine was... Mayor Suarez: These are left over from the last Commission meeting. I had two that I never got a chance to make because the Commission agenda ended. Commissioner Plummer: All right, I have two and I'll appoint them at the next meeting. Mayor Suarez: OK. Ralph Garcia... Commissioner Plummer: Name yours, Victor. Mayor Suarez: Ralph Garcia -Toledo and Ignacio Bustillo are my two. And, I had them... Commissioner Plummer: No, I did Toledo. I did Toledo at the i last meeting. Mayor Suarez: No, sir. Commissioner Dawkins: You did the daddy. Mayor Suarez: Well, if so then... Commissioner Plummer: Oh, you are doing JR.? Mayor Suarez: ...then I have one more, but... Commissioner Dawkins: I think he did the father, Mr. Mayor. I don't think he did the Junior. Mayor Suarez: Oh, maybe both want to serve on that.. Commissioner Plummer: Father... Yeah, Father and Son is a locksmith downtown. Mayor Suarez: Mister... i Commissioner Dawkins: I don't know now. I Mayor Suarez: Mr. Pablo Perez -Cisneros. i Commissioner Plummer: Is it... Is it Gordo or his father? Mayor Suarez: ...the record reflects that you enjoy that particular joke by the Commission which is... Vice Mayor De Yurre: Guys, can we just appoint Angel Medina? Mayor Suarez: Yes. Vice Mayor De Yurre: OK. 107 October 14, 1993 a Mayor Suarez: And Ralph Garcia -Toledo if he is not already appointed, and Ignacio Bustillo are my appointees. All right. Moved by... Comrissioner Plummer: OK, he is... I did senior, you are doing junior. Mayor Suarez: OK. Commissioner Plummer: That's fine. Mayor Suarez: So they are both going to serve. That's the first time ever. All right, moved and seconded. Call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-654 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE INTERNATIONAL TRADE BOARD FOR TERMS AS HEREIN DESIGNATED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso 35. APPOINT INDIVIDUAL TO SERVE ON THE CODE ENFORCEMENT BOARD. (Appointed was: Alfredo Hidalgo-Gato.) ---------------------------------------------------------------------------------- Vice Mayor De Yurre: And Alfredo Hidalgo -Cato to the Code Enforcement. Mayor Suarez: And Alfredo Hidalgo -Cato to the Code Enforcement Board. So moved and seconded by Commissioner Plummer. Commissioner Plummer: What is this? Mayor Suarez: Code Enforcement Board, I guess it was an appointment left over from a previous session, Commissioner... Commissioner Plummer: Who are you appointing? Vice Mayor De Yurre: Alfredo Hidalgo-Gato. Mayor Suarez: Al Hidalgo-Gato. Commissioner Plummer: Let the record reflect my negative vote is not in reference to the individual name, but the total uselessness of the Code Enforcement Board. The spending of... Mayor Suarez: I though you were going to say the total uselessness of the individual, and then... Commissioner Plummer: No, no, no, no, no. I don't }mow the individual. Mayor Suarez: All right. Commissioner Plummer: And, I don't want my negative vote to reflect anything against him at this point. But, the total waste of a million dollars for a Code Enforcement Board that isn't worth a damn. Mayor Suarez: But you have no problem seconding the motion, for formal purposes so that I can call the roll. Commissioner Plummer: If I can vote against it, I'll second it. Mayor Suarez: There we go. Call the roll. 109 October 14, 1993 The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-655 A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI CODE ENFORCEMENT BOARD TO FILL AN UNEXPIRED VACANCY EXPIRING ON FEBRUARY 10, 1994. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Cannissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J.L. Plummer, Jr. ABSENT: Commissioner Miriam Alonso CANTS MADE DURING ROLL CALL: Commissioner Dawkins: What are you voting no against? Commissioner Plummer: The Code Enforcement Board, not the individual, the Board. Mayor Suarez: An appointment to the Code Enforcement Board because he has a problem with the Board. Commissioner Dawkins: What appointment? Commissioner Plummer: That's a million dollars of your money going to out the window. Commissioner Dawkins: Yes, I vote yes. I vote yes. 110 October 14, 1993 ,t oAx11 Ms. Matty Hirai (City Clerk): Commissioner Dawkins, votes yes. Mayor Suarez: Thank you, Commissioner. Commissioner Plummer: You show me voting no. ------------------------------------------------------------------------------- 36. CONTINUE TO NOVEMBER MEETING CONSIDERATION OF 1992 ANNUAL REPORT BY THE AFFIRMATIVE ACTION ADVISORY BOARD AND THE BOARD'S GAGS FOR 1993-1994. Mayor Suarez: Item 28. Mr. Cesar Odio (City Manager): Commissioner, Mr. Mayor. Mayor Suarez: Yes. Mr. Odio: If you would take this after lunch. These are volunteers and they thought you would take this right after the break. Mayor Suarez: All right. We will table it. Commissioner Plummer: Wow, wait a minute. I didn't think that we were going to be coming back after lunch until 6:00 o'clock? Mr. Odio: No. Why, you have a... Commissioner Plummer: Sir, we've only got another 10 or 12 items and loudmouth here. Unidentified Speaker: Amen. Mr. Odio: Why... You have three or... Mayor Suarez: I think that she knows who he is referring to. Mr. Odio: You have items scheduled for... Mayor Suarez: All right. Commissioner Plummer: But, I mean... Mr. Mayor, excuse me, aren't we going to try to finish by noon? Mr. Odio: Yeah. Mayor Suarez: Yes, sir. Mayor Suarez: Item 29. Continue funding from... Mr. Cesar Odio (City Manager): Well, if you want to, let's do this... ill October 14, 1993 Mayor Suarez: ...I am tabling 28 at the request of the Manager. Let's not argue about it, please. Mr. Odio: You want me to continue that until November? Commissioner Dawkins: If J.L. keep quite, we will get finished. Commissioner Plummer: Oh, be quiet. Mr. Odio: Can I continue. Mayor Suarez: All right, in fact item 28 is continued. Mr. Odio: To November. Commissioner Plummer: OK. Commissioner Dawkins: November? Mr. Odio: November. Mayor Suarez: To the November meeting. Commissioner Plummer: You mean after the election? Mayor Suarez: Yes. Mr. Odio: Well, the next November meeting. I don't ]mow when it is. Mayor Suarez: It's a discussion item by the... 112 October 14, 1993 ------------------------------------------------------------------------------ 37. DISCUSSION REGARDING CONTINUED FUNDING TO ECONOMIC DEVELOPMENT ORGANIZATIONS AND SOCIAL SERVICE AGENCIES OUT OF 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND. (A) FUND ECONOMIC DEVELOPMENT ORGANIZATIONS FOR AN ADDITIONAL THREE MONTHS AND APPROVED SOCIAL SERVICE AGENCIES FOR SIX MONTHS, SUBJECT TO PROVISOS. (B) GRANT FUNDING REQUEST BY' GEORGIA AYERS JONES -- ALLOCATE $6,000 IN CONNECTION WITH ALTERNATIVE PROGRAMS. (C) APPROVE GEORGIA AYERS JONES'S FUNDING REQUEST OF $55,000 FROM LAW ENFORCEMENT TRUST FUNDS (LETF) IN CONNECTION WITH ALTERNATIVE PROGRAMS. (D) RECONSIDER THAT PORTION OF PREVIOUSLY ADOPTED RESOLUTION 93-656 WHICH AUTHORIZED SIX MONTHS FUNDING FOR APPROVED SOCIAL SERVICE AGENCIES OUT OF 19TH YEAR CDBG FUNDS. (E) FUND APPROVED SOCIAL SERVICE AGENCIES FOR THE ENTIRETY OF THEIR FISCAL YEAR. Commissioner Plummer: Continue funding for the 19th year of CDBG, I will move an additional three months, is what they need. Commissioner Dawkins: OK. Hold it one minute. Mr. Cesar Odio (City Manager): Yes. Commissioner Plummer: Hold it. Commissioner Dawkins: Hold it, J.L. I'll... Mayor Suarez: An additional how mulch? Commissioner Plummer: Three months. I want to keep them under the gun. Commissioner Alonso: He says... Mr. Odio: Mr. Mayor, let me say why. Mayor Suarez: Oh, no, you don't have to convince me. I want to approve their full funding. Mr. Odio: They have been having problems meeting payroll. Mayor Suarez: That's a heck of a way to run a City. Mr. Odio: But, you want to put, "with the exclusion that you made prior." Mayor Suarez: OK. Mr. Odio: The ones that we did not fund, stay not funded. Commissioner Alonso: The extension of what we did previously. 113 October 14, 1993 Mr. Odio: Exactly. Commissioner Plummer: It's a three month extension, I so move. Mayor Suarez: And, it is three months now. Is Commissioner Dawkins requesting to have... Commissioner Alonso: He says for us to move on... Commissioner Plummer: He wants us to hold? OK. Vice Mayor De Yurre: Yeah, go to the next one. Commissioner Plunmer: Go to the next one. Mayor Suarez: OK. Georgia Ayers Jones: Wait, Commissioner, say it so that I can understand... You know I'm dumb. Mayor Suarez: Wait, wait, wait, wait. Commissioner Plummer: We are going to take care of you and the two items that you've got. Ms. Jones: All right. Commissioner Plummer: You'll go away happy, I hope. I hope. Mayor Suarez: Item 30. Nineteenth year CDBG (Community Development Block Grant) Social Service Projects. Commissioner Plummer: God helps us if she doesn't go away happy. Mayor Suarez: What is the proposal on the 19th year CDBG Social Service Projects? Mr. Odio: Same thing, three months. Mayor Suarez: Three months extension? Commissioner Plummer: Three months, yeah. Mayor Suarez: All right. Commissioner Plummer: That's what I proposed. Mayor Suarez: Moved. Yeah, we passed on 29... we passed over 29 to hear your comments on 29. Commissioner Dawkins: OK, Mr. Mayor, I have a letter here that I'd like to read into the records. 114 October 14, 1993 ! A Mayor Suarez: Commissioner, is that in relation to 29? Commissioner Dawkins: Yes, it is. Mayor Suarez: All right, sir. We had just tabled that until... to hear item 30. But, we'll go back to it at your request. Item 29. Commissioner Dawkins: OK. "Congress of the United States, Carrie P. Meek, Dear Commissioner Dawkins, your assistance has sought to provide additional funds for our senior citizens feeding program. The feeding programs have greatly benefited from your help in the Fast. But, now the local agencies that feed our seniors are in a funding crisis because of a shortage of funding. Unfortunately, the City has reduced its monthly funding of these programs to a mere 1/12th of the previous levels provided." Commissioner Plummer: That's not true. Commissioner Dawkins: "Commissioner, as one..." Commissioner Plummer: That's not true. Commissioner Dawkins: "...As one who is involved in matters concerning our elderly citizens, I am sure that you would undertake the necessary steps to increase the City's contribution..." Commissioner Plummer: We are paying it an a 1/12th cost. Commissioner Dawkins: "...to the hard working agency that is serving our senior citizens. Your kindest consideration is appreciated. Sincerely, Carrie P. Meek." So... Corttmissioner Plumper: We did not in one case drop it a dollar. We are paying it at 1/12th, 1/12th. Commissioner Dawkins: But, you are paying it at 1/12th... Commissioner Plummer: Correct. Commissioner Dawkins: ...but, they have told - Carrie, me and other of us up here - they don't get it until the 15th of the month, or the 20th of the month... Commissioner Plummer: That's why we are doing three months proposed now. That is what I proposed. Commissioner Dawkins: Yeah, OK. Are you saying then that three months along with 1/12th that you are giving them for this month? Because, even if you give them three months... Commissioner Plummer: Mr. Dawkins, if you want it to be four months, sir, I have no problems. I just want to keep them... Commissioner Dawkins: All right. 115 October 14, 1993 Cammissioner Plummer: ...under the gun. OK? Commissioner Dawkins: OK. All right... Commissioner Plummer: There is some of these out there that are not doing - and you know what I am talking about... Are not doing... Mayor Suarez: Yes, let give them at least four months because... Co dssioner Dawkins: I say all of it. But... Commissioner Plummer: Fine. Mayor Suarez: I say all of it too. But... Commissioner Alonso: Yes. Commissioner Dawkins: I say all of it. Commissioner Plummer: You are going to be back in the same thing in budget time next year. With some of these things that are not doing... Commissioner Dawkins: But, I'll be in the same boat, but the senior citizens will have a full stomach while I am going through this. Mayor Suarez: One alternative if you don't want to ride over the Commissioner to my left, which I think we are otherwise about to do with three here, is once... twice a year, in other words, every six months, if you like. It keeps a certain amount of monitoring, Commissioner. Commissioner Plummer: All right, I'll tell you what, if you add to that that all required specifications including auditing and accounting must be surrendered to the City prior to the full allocation being released. Mayor Suarez: All right, OK. Commissioner Plummer: That no one doing that, does not get their full allocation. I'll go along. Mayor Suarez: And, that on a biannual basis. Commissioner Dawkins: And, how much... Commissioner Alonso: So, the six months. Mayor Suarez: In other words, that they have to... Right. Commissioner Plummer: I don't want you coming back here with that report like you had before. They didn't do this, they didn't do this, they didn't do that. That's the reason I was trying to hold. Commissioner Dawkins: What... OK. How many months do we have to go, J.L.? Commissioner Plummer: Well, it is in June. 116 October 14, 1993 Mr. Frank Castaneda: June 30th. Commissioner Dawkins: How many months do we have to go, Mr. Frank Castaneda? Commissioner Plummer: Six, seven, eight. Eight to go. Commissioner Dawkins: Eight? Eight. But, why don't we say, we'll fund them - I mean I am just trying to go along. Mr. Odio: You have eight months to go. Commissioner Dawkins: Fund them for the last... We'll fund them for full six months. Commissioner Plummer: That's fine. Commissioner Dawkins: At the end of the six months, they must cane in with clean hands or they will not get the last... Mayor Suarez: That's it. Commissioner Plummer: That's all... That's all I am trying to accomplish. OK. Mayor Suarez: That's the spirit of the motion. Commissioner Plummer: And, some are having to suffer because others haven't done what they should have done. Mayor Suarez: All right, on item 29, we have an understanding. You should be happy with that. Commissioner Plummer: That's... Mayor Suarez: It is better than the way we've been doing it. Commissioner Alonso: And, are we saying that it is only... Mr. Octavio Blanco: If you listen to what I have to say to you. Mayor Suarez: You just went from every month review to every six months review. And, you still want to make your presentation? Mr. Blanco: Well, yes, yes. Mayor Suarez: Put your name in the record, please. Mr. Blanco: Yes, Octavio Blanco, Assistant Director Action Community Center. I don't know every agency, but our agencies, for example the insurance, you have to pay one lump sum. If you make an exception to us, it doesn't matter. Because people collect every month... Mayor Suarez: All right, but we've gone from 1/12th funding to 1/2 funding. So, hopefully, that will allow you to make the insurance payments. 117 October 14, 1993 Cammissioner Plummer: Of course. Mayor Suarez: That's the best we can do. Unless you want us to ride over one of our colleagues here who wants to keep that certain amount of oversight? Commissioner Plummer: Pressure. Mr. Blanco: No, no, no, no. Mayor Suarez: And, that's not a good idea. Mr. Blanco: The only thing is that, for example, if I do have to pay the full year, next month, and there is... f ( Mayor Suarez: You are almost getting a full year. Because you are getting right up to two months before the full year. All but two months. Commissioner Plummer: All but two months. You are getting all but two months. Mr. Blanco: Would you let me finish, please? If I pay $55,000.00 for insurance, remember it's 12 busses that we got to pay the insurance... Commissioner Plummer: Octavio, you are not going to be denied anything. You'll get the extra two months at what time that you have been able to prove, within the six month period, that everything of your books and everything is in order. Mr. Blanco: To me, I am pleased even if you give me one month. But, then I get the bill from the insurance company and I give it to you people, that you give me the money. That's all. I don't need to get the money in the bank. I am just trying to explain to you so tomorrow I don't come in here and say: Why don't you send this to us before? I just wanted you people to know what it is. Commissioner Plummer: Well, I think six months is legitimate. I really do. Mr. Blanco: OK, thank you, sir. Mayor Suarez: OK, Octavio, thank you. Moved and seconded. Yes. Ms. Georgia Ayers Jones: Yes, sir, I am back to the Alternative Programs, When we initially came - when I initially came before you... Mayor Suarez: Do you support the idea of going from 1/12th funding to... Ms. Jones: Yes, but see, what you all are... Commissioner Plummer: That's not her problem. Her problem is she is being sleighted six thousand from Community Development and that I so move... Ms. Jones: That's right, you've taken away the... 118 October 14, 1993 Commissioner Plummer: I so moved that that amount of money be granted. Mayor Suarez: All right. As to the $6,000 dispute... Ms. Jones: Thank you. And, that we will be funded for the remainder of six... Commissioner Plummer: You keep talking, I am going to pull it back. Mr. Jones: And, I'll catch you when you get outside. Commissioner Plummer: The other thing will catch you. Mayor Suarez: All right. Moved by Commissioner Plummer... Commissioner Alonso: Yes, second it. i Mayor Suarez: ...with that proviso or additional wrinkle. Commissioner Alonso: Didn't we take care of this last time? i Commissioner Plummer: We thought we did, and the Administration didn't understand, as many times they don't, what we said. Mayor Suarez: OK, seconded by Commissioner Alonso, call the roll. I 119 October 14, 1993 0 The following resolutions were introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-656 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THIRTEEN (13) NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR THE PERIOD OF OCTOBER 1 THROUGH DECEMBER 31, 1993, FOR AMOUNTS AS SPECIFIED HEREIN, TO CONTINUE IMPLEMENTATION OF ECONOMIC DEVELOPMENT PROGRAMS, SUBJECT TO PROVISIONS CONTAINED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TWENTY-THREE (23) SOCIAL SERVICE AGENCIES, FOR THE PERIOD ENDING MARCH 31, 1994, FOR THE AMOUNTS AS SPECIFIED HEREIN, TO CONTINUE IMPIEMETTTATION OF SOCIAL SERVICE PROJECTS, SUBJECT TO PROVISIONS CONTAINED HEREIN; ALLOCATING FUNDS THEREFOR FROM THE NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR SAID PROGRAMS. RESOLUTION NO. 93-656.1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALTERNATIVE PROGRAMS, INC., THEREBY FUNDING SAID AGENCY IN AN AMOUNT SPECIFIED HEREIN FOR THE PERIOD ENDING JUNE 30, 1994, FOR THE PURPOSE OF IMPLEMENTING AND CONTINUING SOCIAL SERVICE PROJECTS; ALLOCATING FUNDS THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBJECT TO PROVISIONS CONTAINED HEREIN. Upon being seconded by Commissioner Alonso, the resolutions were 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: You know, I need to... 120 October 14, 1993 Commissioner Plummer: Can I take care of Georgia's other problem right now? She is entitled to $55,000 from Law Enforcement Trust Funds which are been held up for good reasons at this particular time. I move that the $55, 000 that has been awarded to Georgia Jones be paid from the Police Department's budget to be reimbursed from the Law Enforcement Trust Fund at such time as the problems have been resolved, or from, the General Fund, either way. Commissioner Dawkins: Second. Commissioner Plummer: I so move. Mayor Suarez: So moved, and seconded. Any discussion? If not, please call the roll. Vice Mayor De Yurre: What if it doesn't get funded from the trust fund? Commissioner Plunmr: It will be. A. Quinn Jones III, Esq. (City Attorney): Then... Vice Mayor De Yurre: Well, based on what? Commissioner Plummer: The moneys are there. The moneys are there. Vice Mayor De Yurre: But, who decides that? Commissioner Plummer: We do, we decide. Vice Mayor De Yurre: No, we don't. Commissioner Dawkins: You are right. Mr. Odio: What happens is... Vice Mayor De Yurre: No, we don't. Mr. Odio: Excuse me. Excuse me, because... Commissioner Plummer: We are going to. Mayor Suarez: I agree with the Vice Mayor. Are you saying that either way it has to get funded even if it has to come from general funds? I can not vote for that. I've never voted for that in my life. Mr. Odio: No, they... Cawdssioner Plummer: No, sir. It is a loan to pay this program to be reimbursed at a later time. Mr. Odio: The City Commission... Mayor Suarez: As a loan, yes. Mr. Odio: ...I forgot in what meeting two months ago, approved from the Law Enforcement Trust Fund this particular project... 121 October 14, 1993 Commissioner Plummer: Yes. Mr. Odio: ...it was passed by the Commission... Commissioner Plummer: In a package. i Mr. Odio: ....And, what you told us afterwards, every time you want to release those funds, you bring it back here. And, that's what... We didn't release the funds because we got instructions not to. Commissioner Dawkins: But, why, you know... Why is it that I yell and scream.. Commissioner Plummer: You are going to win. i Commissioner Dawkins: ...for two hundred thousand dollars ($200,000) to be f spent in Liberty City, Overtown and even Little Havana, for little boys and girls and because they do not have a Georgia Jones to come down here to raise hell, they can't get it. OK. Ms. Jones: Commissioner, I have... Hold it, hold it, Commissioner. You... Commissioner Dawkins: But, the program that got... No, wait a minute, honey, wait, let me finish. Let me finish. Ms. Jones: All right, don't... Let me... Commissioner Dawkins: Let me finish, OK. But, then all the concessions are made and you bend and everything. But, yet, you cannot - and this has been going on since 1991. I have been asking for these funds. And, none of you have said to me like you've said to Georgia Jones, which I have no problems with, OK. But, it is just irritating for you guys to sit up here and because one individual make you jump through the hoop... Commissioner Plummer: Not me... Commissioner Dawkins: Yes, sir. Oh, yes. Oh, yes. Mr. Jones: Wait, Dawkins, no, hell, no. I take exceptions. Commissioner Dawkins: And, I don't have... Mayor Suarez: Wait, wait, wait, wait, wait, wait... Commissioner Dawkins: That's right, yes. Ms. Jones: I don't make nobody jump through no hoop, no, no! Commissioner Plummer: No, she is not talking about you. Ms. Jones: OK. Commissioner Dawkins: Don't... OK. 122 October 14, 1993 Mayor Suarez: Commissioner Dawkins, has the floor. Commissioner Plummer: Only wear the shoe if it fits. Commissioner Dawkins: No, see. Some people can of make you jump through the hoop and people with legitimate problems have to come down here and go through this. Commissioner Plummer: Does my motion satisfy? Is there a problem with my motion? Commissioner Dawkins: No, no problem. Mayor Suarez: All right. Commissioner Dawkins: I said from the beginning, we vote... I don't have a... I just want to know why is it... Commissioner Plummer: OK. Commissioner Dawkins: ...that a program in 1991 was approved by this Commission to provide money that might prevent what Georgia Jones is doing, by creating a program with a little youth that could be worked in conjunction with these people. And, because somebody got a problem with it, they keep jerking it around. Commissioner Plummer: It is called... Commissioner Dawkins: But, every now and then, now... Commissioner Plummer: It is called either arrogance or defiance, take your choice. Commissioner Dawkins: But, every now and then in order to put my - Miller Dawkins - on the spot in the black community, their piece meal one black - one black organization. Commissioner Plummer: You are going to win. Commissioner Dawkins: And, then will say to me - say to the people in the community, Dawkins is anti -black. I mean, that's the part, Georgia, I am angry about. I am very angry about that. Everything that they have piece- mealed, has been a black project. Vice Mayor De Yurre: I think I am kind of at a loss here. Commissioner Plummer: OK. Vice Mayor De Yurre: Where are we at? Mr. Odio: Let me explain something. Commissioner Plummer: My motion... 123 October 14, 1993 Mr. Odio: I don't know legally, but you passed a resolution already approving these funds two Commissions ago... Vice Mayor De Yurre: OK. Commissioner Alonso: Yes. Mr. Odio: ...from the Law Enforcement :Crust Funds. Vice Mayor De Yurre: OK. So, why do we have to give a loan? Mr. Odio: And, we did not release the funds because we were instructed not to unless we brought it back for a final... So, either you have to rescind that resolution... Commissioner Alonso: So, now we are voting so they release the funds. Vice Mayor De Yurre: All the moneys that were held up, or just program per Pram? Mr. Odio: One by one. Commissioner Dawkins: All of them. Commissioner Plummer: No, well, excuse me... You might vote that way. But Commissioner Dawkins and I take exception that we are not going to release those funds until the commitment made to Commissioner Dawkins for $200,000 for the black community is honored which they have promised for two years and never done. And as far as I am concerned, they have shown either arrogance or defiance, either way you want to call it. And, they just absolutely are telling Dawkins, "You ain't going to win." And I think that's wrong, and I think we should back Commissioner Dawkins. And make sure that the commitment made is a commitment kept, which at this point, it has not been done. Ms. Jones: As a taxpayer, and one of the hardest workers in this County, long before you even got up there, Judge Plummer - I mean, J.L. Plummer... Commissioner Plummer: Judge. Ms. Jones: J.L. Plummer. Mayor Suarez: Heaven help us if he becomes a judge! Ms. Jones: I want to know who that person is, because this young man has been covering your Overtown schools, Dunbar, Phyllis Wheatley and Douglas with those dollars that you give me. The other young man that covers the courts and you have sent Gracie Lovin out to my office and every file that she went through, she will verify that everyone of those files that she went through, were files in the City of Miami. Commissioner Plummer: Georgia, he is not talking about your program. 124 October 14, 1993 Ms. Jones: OK. But, I want to know - to assist the black community - I can't help it if you know I am black - I want to know what is he talking about, perhaps I can help that cause. Commissioner Plummer: He is not talking... Ms . Jones: And, if you got a beef with the police chief or whatever, don't make me suffer for them. Commissioner Plummer: I am trying to avoid that. Mayor Suarez: OK, on the motion before us... Commissioner Alonso: So... Mayor Suarez: ...as Vice Mayor asked and we all want to know exactly what we are doing then, we are approving... Vice Mayor De Yurre: Now, what other moneys are being held up? What other moneys are being... Mr. Odio: All of the Law Enforcement Trust Fund money. Vice Mayor De Yurre: And, how... And, what other programs are there... Mr. Odio: I would have to bring you... Vice Mayor De Yurre: ...that are as worthwhile as this one? Mr. Odio: I would have to provide you... Ms. Jones: There is Community Development. Mayor Suarez: Wait, wait, wait, please. Mr. Odio: I would have to provide you a list of... Mayor Suarez: Joe, in general terms, what is pending over there and how much money is set aside? And, are we satisfying the requirement that at least $220,000 be set aside? Lt. Joseph Longueira: Sir, so I can just get this on track. The last meeting you approved an appropriations ordinance. Part of the stipulation when you approved it was that all the items come back... Commissioner Plummer: Individually. Lt. Longueira: ...individually, for a second approval. Commissioner Plummer: Correct. Lt. Longueira: Commissioner Dawkins and Plummer added that during the discussion... 125 October 14, 1993 Commissioner Plummer: Correct, sir. Lt. Longueira: That's part of this problem, OK. For Commissioner Dawkins' request, $50,000 - I believe it was about... Commissioner Plummer: A hundred. Lt. Longueira: ...has already been approved from one program. And, I believe we are in a process of approving... Commissioner Plummer: No. Lt. Longueira: ...two other programs that are totalling around a 100,000 or in the process now. I know they are working on the paper work. Commissioner Plummer: Joe, let me interfere if I may. Lt. Longueira: OK. Yes, sir. Commissioner Plummer: Coconut Grove Playhouse put on a program relating to drugs which was recommended by the Police Department... Lt. Longueira: Yes, sir. Commissioner Plummer: The first year it set a 100,000 and Miller Dawkins said that if you were going to do it in Coconut Grove Playhouse it is only fair that you give 100,000 like dollars to the black community. They said "Well, that sounds good." The second year, we came back for. the Playhouse to put on another drug program, gave them a second $100,000. And, Miller says, "I am not going to do it. But, I tell you what, you give me $200,000 for the black community and I'll go along with it." And, they said, "We'll do that." Now, Mr. Dawkins is still waiting for that 200 and I want to tell you, I am going to come back this year - because it is recommended by the Police Department. I think it's good - for another $100,000 and I am not going to look that man in the eye if you haven't given him the 200. He is entitled to it. It is for that community. And to deny him that is absolutely wrong. Lt. Longueira: Sir, like I said, we've approved $50,000 of the $200,000... Commissioner Dawkins: Hold it, hold it, Joe. I can't let you do that, hold it. The package was given to you guys as a complete whole package, OK. And, the package was approved by this Commission. And, in fact, the Mayor said, "We've approved $200,000, Miller, but hold off $50,000 aside for some other group who may come up here who we want to fund." So then, I took and reduced the package to $150,000, OK. You have not - and I am not going to let you lie - you have not approved that package. Lt. Longueira: We approved... Commissioner Dawkins: You people have piece -meal. You come up here out of a $150,000 with a $29,000 program, you come up here again with a $19,000 program. It will take me eight years to get $200,000 if you keep piece -meal. I want to be able to have it funded and next year I say I want to fund another $100,000. They don't want to do that, Joe. 126 October 14, 1993 Lt. Longueira: Commissioner, all I can say is Coconut Grove Playhouse is one entity, one program... Commissioner Dawkins: OK. All right. Lt. Longueira: The package you gave us was multiple programs... Conmtissioner Dawkins: $100,000 is a $100,000. See, you all keep playing games. Lt. Longueira: ...two entities. Commissioner Plummer: All I am asking is this Commission back up... Commissioner Dawkins: OK, let me say one thing... Commissioner Plummer: ...our fellow colleague and he is entitled and should be receiving what is just due. And, I for one, am going to back up my colleague. Commissioner Dawkins: And another thing, the last $100,000 that was given to the Coconut Grove Playhouse was not in the agenda. OK? And, this is what I am - Mrs. Jones, this is what you understand me what I am saying. It was not a scheduled item agenda. It was not approved by the Chief of Police... Commissioner Plummer: Oh, you mean it came as a pocket. Commissioner Dawkins: Ah-huh. It was brought up as a pocket item. And, it was approved, and... Commissioner Plummer: I remember. Commissioner Dawkins: ...the Chief didn't say nothing about it and paid the money. Some people made us jump through the hoop, Georgia. Commissioner Plummer: Well, you know damn well that I wouldn't going to move it on this thing, pocket or otherwise, unless the Police Department did approve of it. Commissioner Dawkins: Yeah. Commissioner Plummer: That's a lot of shekels. Ms. Jones: But you see, what you all don't understand, we have to pay, first of all, insurance - like general liability insurance. I do get funding from several sources. And, when general liability insurance is due, they are not going to wait for the City of Miami to pay. They are not going to wait for the School Board, which I get funds from, this is Dade County. It has to be paid, and you put me as an administrator, in a position of letting that insurance lapse. And, if it lapses, you are going to be held liable because you didn't pay me for it. Commissioner Plummer: Georgia, if this motion passes, you are going to get your money. 127 October 14, 1993 ) ro) Ms. Jones: Then I'll be on my way. Mayor Suarez: Why do you always... Commissioner Plummer: Now, go up and preach to the choir if this motion fails. Ms. Jones: Well, you are the chief boss, I am not. He is. Mayor Suarez: All right on the motion... Commissioner Alonso: I am a little bit confused. Mr. Odio: I would appreciate it if you just let me pay her from those funds. I don't have General Fund money floating around. Commissioner Dawkins: If you take it out... Take it out of anticipated note funds we are getting and put it back. Vice Mayor De Yurre: Well, has it been approved already? Mayor Suarez: Yes. Mr. Odio: That's why I think you have to rescind that resolution before you can do anything. Vice Mayor De Yurre: But, then we still... Haven't you said that we will take it one at a time and approve it? Mr. Odio: Yes. Mayor Suarez: OK. Mr. Odio: No, what happens is after the fact... After this... Mayor Suarez: Mr. Manager... Vice Mayor De Yurre: Aren't you telling me... Wait, hold it... Aren't you telling me that we approved it and that we - our decision was to hold the money not to distribute any of it until each group comes before us individually? Mr. Odio: Yes. Vice Mayor De Yurre: So, it's been approved already. Now, this group comes before us. Either we release it or we don't. Mr. Odio: Now it is up to you to release or not to release. Vice Mayor De Yurre: So, it comes from the Law Enforcement money. Commissioner Plummer: Well, Commissioner De Yurre, that's true. What you say is very true. But, it still has not brought about what we are trying - what I am trying to bring about for Commissioner Dawkins. 128 October 14, 1993 04 e� Vice Mayor De Yurre: Hey, you know what? It's not going to happen... Commissioner Plummer: They could have just as easily come in any agenda for the past two years and satisfied the request, the demand and the commitment. And, they've not done it. Vice Mayor De Yurre: And, they won't. Commissioner Plummer: Now, how long are we going to allow that to go on? And, we are going to say, "OK, you guys do what you want because this Commission hasn't got the guts to stand up and say, "Commissioner Dawkins, we back you." Commissioner Alonso: No. Commissioner Dawkins: No, and perhaps it has to do with elections. Maybe some people don't want me to look good in the black community by getting something done, so they keep holding it up. So, let's go along with that. Ms. Jones: Commissioner, I am going to go on record and tell everybody. I may not live in the City of Miami, but my family has been paying taxes in the City of Miami. You live just about 100 yards from where my mother's older sister built her home there in 1918. And, I am backing you and I don't care what anybody says. I am backing you even though you are not (unintelligible). I am backing you because of what you have given this community. I am not against you. I am against the process that you are using. Commissioner Plummer: Mr. Mayor, I have made a motion. Mayor Suarez: Yeah, please. Commissioner Plummer: I've made what I felt is fair. I say to you sir that call the roll. If my motion fails... Mayor Suarez: OK, please restate the motion. Commissioner Plummer: ...I've done what I thought was right. Mayor Suarez: Please restate the motion so we know what is on it. Commissioner Plummer: My motion is that the money be paid, the $55,000 that has been committed to Georgia Ayers from this Commission for her program, be paid from either the General Fiend or the Police Department to be reimbursed at such time as the matters relating and the problems relating to the LEEA (sic)trust fund be resolved by this Commission. Mayor Suarez: So moved. Commissioner Alonso. Commissioner Alonso: Yes. I have some doubts in the process that we are following here. I am 9.n favor of giving her the money through the Law Enforcement Trust Fund or the City of Miami, whatever way. It is a commitment and we have to give her the money. But, I don't think that we are doing anything to the Law Enforcement Trust Fund because they are getting away with 129 October 14, 1993 it anyway. If she gets the money or she doesn't, they are doing whatever they please still. We have to come up with some other solution that we send a message and say, "This Commission has to by respected." And, decisions made up here, and Commissioner Dawkins has been saying this for two years. And they still don't honor_ what this Commission has said we wanted done. And we are not helping any because she will get the money one way or the other, but they are getting away with it, still. Because they have not cone up with a solution to the proposal of Commissioner Dawkins. So, perhaps we should move and say, you have to come back and give the funding that has been requested for the last two years. Commissioner Plummer: Well, that's what we've said for the past six weeks. Commissioner Alonso: Well, then we bring the Chief in front of the Commission and we question him why he has not responded to the will of this Commission. Vice Mayor De Yurre: Because, he doesn't have to. Commissioner Plummer: Because, he says he doesn't have to by State law. Vice Mayor De Yurre: He doesn't have to. Commissioner Alonso: Well, then we will have to look deeper into this situation. Commissioner Dawkins: No, we have to do like we're doing. This is... This is heartwarming, this is the first time I've had three Conmissioners up here that say that they are going to back Miller Dawkins. See, that makes a difference, see. Like if I have three people saying - as you can hear it said to the Chief - no, to the Manager, we can't say nothing to the Chief, OK. Mr. Manager, we want this done. And if they said to the Manager, "You don't get it done, then we need another Manager." Commissioner Plummer: Let me modify my motion. I will move that if the Administration commits and issues a check for the $200, 000 commmmm.itmment to Commissioner Dawkins' program, they be allowed to pay Georgia Jones Ayers out of the Law Enforcement Trust Fund. In lieu of not doing that, the money comes from either the General Fund or the Police Department's allocation of funding at the discretion of the Manager. I so move. Commissioner Alonso: Second. Commissioner Plummier: OK, that gives them the right to do what they ought to do. Commissioner Alonso: I say from the Police Department. Commissioner Dawkins: I second that motion and now under discussion. Mayor Suarez: Moved and seconded, Commissioner Alonso. Are you saying that way out of all of this is now instead of instructing the Manager as to the prior motion that if he can't find these funds from the LETF (Law Enforcement Trust Fund) until that other dilemmia is resolved, that he take fifty - what was it, fifty-five thousand? 130 October 14, 1993 Commissioner Plummer: No, sir. That's not what I am saying. The money... Mayor Suarez: That... No, no, wait, wait. That instead of that, which I thought was a troubling motion, now instead you are going to say, $200,000 have to be reserved from the General Funds until we get this resolved. Commissioner Alonso: No. No, that's not what he said. Mayor Suarez: That's what it sounded like to me. Commissioner Plummer: No, no. Let me restate it so it is not misunderstood. That if in fact the $200,000 commitment to Commissioner Dawkins' programs so named, is paid for by the LEEA (sic) Trust Funds, that the moneys due Georgia Ayers can likewise be paid from the LEEA (sic) Trust Fund. In lieu of that... Mayor Suarez: And, if not, forget the in lieu of. Commissioner Plummer: ...if not, then the moneys to Georgia Ayers will be paid from from the General Fund or from the Police Department's allocation of budget. It doesn't speak, then, to the $200,000. Mayor Suarez: I have to tell you for my vote. I will vote in favor of a simple motion that we allocate the = funds, as previously approved to her program. And, that we then come up with a motion to give whatever the strictest and most... Commissioner Plummer: We've done it three times. Mayor Suarez: Well, we try again. And, this time maybe you are putting teeth into it. But, one thing should not really be confused with the other. These are not General Revenue Funds. We cannot dispose of these in that fashion. Commissioner Plummer: Sir, it has to be... Mayor Suarez: That is not responsible given, the situation that we are in. So, I will not be able to vote for it unless we simply take care of this program which we all agree is worthy. And then we deal with the problem of a matter that for many many years we have been battling out with the Chief... Commissioner Alonso: Yes. Commissioner Plummer: Mr. Mayor, it was never... Mayor Suarez: ...and the Administration, as Commissioner Dawkins says, I mean, it's ultimately... Commissioner Plummer: Just to clarify. Mayor Suarez: ...remains with the Manager to explain to all of the people he appoints what this Commission is trying to do as a matter of policy. Now... Commissioner Plummer: It was never my intent that the money would not be paid back and reimbursed to whatever fund it came from. 131 October 14, 1993 Mayor Suarez: Just cannot put in jeopardy $50,000 of General Revenue. Commissioner Plummer: OK, Mr. Mayor, you know, I've done what I think is right. Mayor Suarez: I understand. Commissioner Plummer: If it fails... Mayor Suarez: I understand. Co nnissioner Plummer: ...I can go away from this table thinking I have done the right thing. Mayor Suarez: And, if it fails, I just want to clarify that I'll either entertain a motion to allocate the funds to this program or I'll move it myself. All right, so moved in the fashion that you've stated. Commissioner Plummer: Yes, sir. Mayor Suarez: Is it seconded'? Commissioner Dawkins: I seconded it. Commissioner Plummer: Commissioner Dawkins did. Mayor Suarez: I think Commissioner Dawkins seconded it. Call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PIUMMER AMID SECONDED BY COMMISSIONER DAWKINS, THE HEREINABOVE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. NOES: Commissioner Miriam Alonso Vice Mayor Victor De Yurre Mayor Xavier L. Suarez ABSENT: None. COBS MADE DURING ROLL CALL. Commissioner Alonso: I will have to vote no because I believe the Mayor's suggestion is a much better one. And, we still support and very strongly - and I think in a much more stronger fashion - the position of Commissioner Dawkins. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: All right, I'll entertain a motion to fund this program and then let's see how we can get back at the Administration on the issue of the rest of the LETF Funds. 132 October 14, 1993 Commissioner Alonso: And, instruct the Administration to work with the Chief to resolve the problem that has been asked by Commissioner Dawkins for the last two years. Mr. Odio: I... Commissioner Alonso: And, I don't understand why these people don't understand messages sent by this Commission. Commissioner PlutTmer: Because we don't stand up and tell it like it is. Commissioner Alonso: Well, Commissioner, every... Everything that they request, we will turn down. Commissioner Plummer: That's why we're here now. Commissioner Alonso: No, no, no, no. Because we are penalizing her and the General Fund of the City of Miami. And that isn't right. Commissioner Plummer: OK. Mayor Suarez: We are making an extraordinary exception. But, there's going to be a lot of groups putting a lot of pressure to get this logjam resolved unless the Administration is able to resolve it. In which case, the alternative to this Comni.ssion is to change the Administration. Commissioner Plummer: I hope I'm not here... I hope I'm not here to remind - I'll be here, but, I hope I don't have to remind you in the future, the near future, here we go once again, OK. Because this is about the fourth time that I've said it. Here we go again. Commissioner Alonso: But, they are getting away with it. Commissioner Plummer: That's right. Commissioner Alonso: They are not giving the funding and then they are not even paying the programs, we are... Commissioner Plummer: Let me tell you something. Commissioner Alonso: ...from a different source. So, they are not helping the matter. Commissioner Plummer: I am going to make one more statement. If Georgia Jones Ayers goes over there and tells that Chief, in her way of doing things, that if he don't get up and shape up, that she is going to stay on his case, this matter will be resolved. Mayor Suarez: Yep. Commissioner Alonso: Well, she can send that message. Vice Mayor De Yurre: May I make a statement, Mr. Mayor? 133 October 14, 1993 Mayor Suarez: Mr. Vice Mayor. Vice Mayor De Yurre: J.L. Commissioner Plummer: Sir. Vice Mayor De Yurre: See, the problem is because of the legalities that we cannot force the Chief to do anything. We can force the City Manager to do some things and... Commissioner Plummer: No, sir, you are wrong. Vice Mayor De Yurre: ...well, we can. Commissioner Plummer: State statutes give the Police Chief... Mr. Odio: I don't... Commissioner Plummer: ...the sole discretion as to making the decisions in the LEER (sic). Vice Mayor De Yurre: If he sees it... If he sees it... If he sees it the right way. It is up to his discretion, the thing is you have to be persuasive about it. Commissioner Plummer: Well, there is a move... Mr. Odio: Let me cone to this. I will have a report next week to Commissioner Dawkins. Vice Mayor De Yurre: That's the whole problem. Now, hold it, hold it. Yeah, but, hold it, hold it, hold it. I'll make it more... I'll make it simpler. I would make a motion that in 90 days the Manager - 90 - 90 is plenty of time. Christmas goes by, January - the Three Kings Parade. In 90 days, either the $200,000 are freed up by the Law Enforcement Trust Fund through your persuasion, or, you come up with $200, 000 for Commissioner Dawkins from the General Fund. Commissioner Plummer: That was my motion. But, it didn't... Vice Mayor De Yurre: No, yours was $55,000 and this and that. Commissioner Plummer: For her. Ms. Jones: I hear you... Excuse me, I have an official capacity appointment... Mayor Suarez: Madam, Georgia Ayers Jones. Ms. Jones: Yes, sir. Mayor Suarez: Please, your funding is about to be approved... Ms. Jones: This is not negative response. It's positive for you. 134 October 14, 1993 Mayor Suarez: ...I believe and you have not been recognized. Now, wait a minute, let me just see... Ms. Jones: It's positive. Vice Mayor De Yurre: Well, that's my motion. Mayor Suarez: ...if I understand what the Vice Mayor is proposing. Vice Mayor De Yurre: I am saying that if in 90 days that money doesn't come from the Law Enforcement Trust Fund then the Manager is instructed to come up with $200, 000 from the General Fund and give it for the program that we're talking about. Mayor Suarez: OK. Did we ever get the particular funding of this program approved? Ms. Matty Hirai (City Clerk): No, sir. Vice Mayor De Yurre: Yes. Well... Mayor Suarez: Was that motion before us? I thought it was. Vice Mayor De Yurre: No, it failed. It failed. Ms. Hirai: The motion was... It failed. Mayor Suarez: No, the new motion that I was entertaining? OK. OK, it was not before us. Ms. Hirai: No. Mayor Suarez: So, now what you are saying is... Vice Mayor De Yurre: See, now Mr. Odio is talking to the Chief right now. He is talking to him, and explaining things to him. Commissioner Alonso: The motion made a lot of sense. (INAUDIBLE BACKGROUND COMMEDfI'S NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Alonso: Yes, it did. And, I said I would support that. Mayor Suarez: I was hoping that it would be made so we could vote on that and dispose of that and... Commissioner Alonso: Yes. Mayor Suarez: ...for... Commissioner Alonso: Then it will be a second step. Ms. Jones: This is something positive. You don't know Mayor. 135 October 14, 1993 Mayor Suarez: I don't think you are going to help us to solve the logjam on the rest of this. But, at least, we take care of you and you can go and administer your program... Ms. Jones: This is not a ticket. Mayor Suarez: ...which you do very well. So, may I... May I... Ms. Jones: This is not in taking care of this. Mr. Odio: May we... Mr. Odio: Georgia, excuse me. Georgia, I have the Police Chief on the phone and he request that he be heard on the Law Enforcement today, and he will explain where we are and where we are going. Mayor Suarez: All right. Commissioner Dawkins: I don't need that. I don't need that. Mr. Odio: OK, that's... Commissioner Dawkins: I don't need that, OK. Mr. Odio: OK, that's up... You wanted answers, he will... Commissioner Dawkins: I know where you are. Mayor Suarez: It doesn't sound like it's going to solve the problems that we have here. Mayor Suarez: All right, as to... Commissioner Plummer: Well... one of my... One of my highest priorities in the legislation this year is to get that damn thing changed. OK. Ms. Jones: That's what I wanted to talk about. Mayor Suarez: Yes. That's another thing that we want to do. We've said on the record... Commissioner Plummer: This is crazy... Mayor Suarez: ...I hope this time the Administration will take that seriously. Commissioner Plummer: ...the money is been wasted. Mayor Suarez: Mr. Plummer, we have... I'll entertain a motion to approve the funding for her program. Vice Mayor De Yurre: So moved. 136 October 14, 1993 Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Second. Call. the roll on twat, please. Commissioner Plummer: Wait a minute, I want to know if you got three votes. I The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUPION NO. 93-657 A RESOLUITION AUTHORIZING THE FUNDING OF ALTERNATIVE PROGRAMS, INC., AND ALLOCATING FUNDS THEREFOR, IN AN AMDUNP NOT TO EXCEED $55,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUBJECT TO SAID EXPENDITURES BEING CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE 932.7055. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J.L. Plummer Commissioner Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Wait a minute, I want to know if you got three votes. Commissioner Dawkins: It is coming out of... Mayor Suarez: LE TF, LETF . Commissioner Dawkins: Coming from the General Fund? 137 October 14, 1993 Mayor Suarez: No, no, I=, Law Enforcement Trust Fund. Commissioner Plummer: I want to be a negative vote only to... What? She has three votes, I'll vote no. But, I am doing on the record, I am sending a message with my negative vote. Mayor Suarez: We've got plenty of comments of yours on the record of why Commissioner. Why do you need to do .it one more time? The Commissioner restates his objection of not to the program, but to the fact that we have some other funds that have not... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Well, tell hbu. Tell him. Mayor Suarez: ...that have not been appropriated as he would like and as Commissioner Dawkins has been insisting and as all of us have been insisting they should be. Commissioner Plummer: Well... Commissioner Alonso: I vote yes. And, the reason being that I think we have to fund this program. And, also we are not helping by withholding funds from the source that they should really come from. I vote yes. CCMMENI'S MADE AFTER ROLL CALL: Mayor Suarez: Now, does anybody have... Commissioner Plummer: Well... Commissioner Dawkins: Mr. Mayor. Mayor Suarez: ... any ideas how we can apply some teeth to what we've been battling for... Commissioner Plummer: Well, wait a minute. You better hear what the Manager just told me. Mayor Suarez: OK. Commissioner Plummer: That what we are trying to do is illegal, it can't be done. And, the Chief says we don't want to hear the truth. Ccmmissioner Alonso: What truth? Commissioner Dawkins: OK. Mr. Manager... Commissioner Plummer: OK. Commissioner Dawkins: Mr. Mayor, may I say something... Mayor Suarez: Yes, but we better ask... 138 October 14, 1993 Commissioner Dawkins: No, no, no. But, no, let me say something before you ask him that. oK. The City of Miami, Mr. City Attorney, is instructed and directed by the Charter to deal with who? With who? A. Quinn Jones III, Esq. (City Attorney): With the Commission? Commissioner Dawkins: Yes, yes. Mr. Jones: With the City Manager. Commissioner Dawkins: Therefore, I do not think, in my opinion, that the City - the Police Chief - need to explain nothing to me. The Police Chief need to explain to the Manager and the Manager explain it to me. Now, that's how I feel. That's my personal feeling about it. I do not think... I think he needs to come here if he has to or go to lunch with the Manager, and explain it to the Manager, and the Manager, whom I control, explain it to me. Mr. Odio: I'll put it in writing. Commissioner Dawkins: OK. Commissioner Alonso: Then, what perhaps we should do is give them 30 days... Commissioner Dawkins: But, this... Commissioner Alonso: ...and instruct the Manager to get it from the General Funds the $200,000. Commissioner Dawkins: Mr. Mayor, please. Commissioner Plummer: Ninety-one days, I'll be here to tell you - here we go again. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: OK, Commissioner Dawkins. I like the idea of giving the Manager 30 days to come up with a solution to this, Commissioner Dawkins. Commissioner Dawkins: That's right. Mr. City Attorney. Mayor Suarez: Yes. Commissioner Dawkins: Report back... Have somebody report back this afternoon if you do not already know... Listen J.L., if you do not already know that the law gives the Chief of Police the latitude and the right to recommend to the City Commission what should happen to this money. But it gives the City Commission the right to turn it down. Turn down his recommendation. Is that a fair statement? Commissioner Alonso: Yes. Yes. Mr. Jones: Yes. 139 October 14, 1993 Commissioner Dawkins: So, how is the Chief saying we are doing something illegal when we turn down anything he send here to us? I mean, come on. Mayor Suarez: I don't think he could be saying that. Commissioner Plummer: He is lying. Mayor Suarez: Yeah, I don't think he could be saying that. I'll entertain a motion as I think stated by Commissioner Alonso, that within 30 days we have, from the Manager, a clear concise way of solving this. Mr. Manager, in doing so, I ask you to please look at all the many memos I sent first to Commissioner Dawkins then to Commission Alonso who seem to be - both of them - inclined to tackle this issue. And, also show us how you are going to get the legislature to change the law so that this Cosmu ssion has ultimate control and total control of this process. I think we don't have total control of the process. Commissioner Alonso: Total control. Mr. Odio: You know, Mr. Mayor, as far as that... Mayor Suarez: We take input from our administrators, but it is wrong, in a State law, to have any subordinate of the Manager and of the Commissioner as policy maker, to have the leading role in the allocation of funds. Even if they are funds produced by the department. Mr. Odio: Mr. Mayor. Mayor Suarez: It should be this Commission. Commissioner Alonso: We should appoint Commissioner Dawkins... Mayor Suarez: That's right. Commissioner Alonso: ...to work in Tallahassee and getting it in passed. Mayor Suarez: All right. Mr. Odio: I think what you should do is pass it in such a way that it can only be used for policemen - to pay for police officer or police - capital improvement, and no other programs. Mayor Suarez: Build that into your thirty (30) days response. Mr. Odio: And, you will eliminate this. Commissioner Dawkins: OK, that is fine. Commissioner Alonso: The guidelines... Commissioner Dawkins: Mr. Mayor, I'd like one point of special privilege. Mayor Suarez: Yes, sir. 140 October 14, 1993 Commissioner Dawkins: You know, we have - you heard Blanco say - and I've heard it from the people who are feeding the senior citizens, Our 1/12th funding has them in a bird. I'm not even talking about his insurance. It's a nine to one match from age, the Office of Aging, for the money that we provide. So, when we provide 1/12th and their - and I'm just going to say for the sake of discussion - we are only providing 1/12th of their needs. They have to go to other funds and take 11/12th of their needs and then next year we give them 1/12th and then they take - now they are taking 24 from their... And, they stay behind. You know, and that is what Carrie Meek is saying. Carrie Meek and... Carrie Meek is only the agent up there. Let's not make our friend angry. Give them... I mean give them this money and be through with it, Mr. Mayor. Commissioner Alonso: Move it. I'll second it. Mayor Suarez: I agree with that. Commissioner Alonso: Yes. Mayor Suarez: We were awfully close to vote on that and we kind of deferred to the wisdom of... Commissioner Alonso: Can we reconsider the item? Commissioner Dawkins: I move to reconsider. Mr. Blanco: I... Commissioner Alonso: OK, I second. Mr. Blanco: Commissioner Miller... Mayor Suarez: Wait, wait. This is going your way. Please have a seat, Mr. Blanco. Mr. Blanco, please have a seat sir. Mr. Blanco: No, sir. Mayor Suarez: Please, officer, instruct Mr. Blanco to have a seat. This is really too much today. I can't believe it. We are about to ride over one of our colleagues, Octavio, and you are not even realizing that, sir. (INAUDIBLE BACKGRO(M CMENI'S NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: This is too much. Please. Please, Mr. Blanco, we are about to do something very very difficult for this Commission that favors your position. And, instead of listening, you want to tell us how to run City Hall. And, that Commissioner is now back. You see. We might have done it... Commissioner Dawkins: OK, we are going to do it. Mayor Suarez: ...while he was away. Commissioner Alonso: OK, we are going to do it anyway. Go ahead. Call the roll. 141 October 14, 1993 Mayor Suarez: Attending to biological necessities, I might add, that he warned me about before he walked out. Jesus. Commissioner Plummer: Something that I can do that nobody else can do for me. Commissioner Dawkins: J.L., OK. Mayor Suarez: I am inclined to change my vote, Mr. Blanco, because of your attitude, to tell you the truth, sir. Commissioner Alonso: Roll call. Commissioner Plummer: Wait, may I understand what the vote is, please? Commissioner Alonso: We are going to reconsider the previous... Mayor Suarez: We are going to reconsider... Just have a seat, sir! Maybe you'll learn something after all these years of dealing with City Hall when something spectacular is about to happen. Commissioner Plumper: What is being reconsidered? Mayor Suarez: The motion is to reconsider the prior funding of the social services, CDBG programs - it is social services, right, Frank? Mr. Castaneda: Social services. Mayor Suarez: So, that we would be able to approve - I think it is the intention of the movant - the entire rest of the fiscal year. Commissioner Alonso: Yes. Mayor Suarez: And, it's moved by Commissioner Dawkins and seconded by Commissioner Alonso. We were hoping to vote before you got back. But, obviously that won't be the case. So, call the roll on that. Commissioner Plummer: Well, you understand, I hope, that the PIC (Private Industry Council) is falling apart. OK. The PIC is absolutely falling apart. Mayor Suarez: All right. Commissioner Plummer: So, you better keep that in the back of your mind so that you know what's going on. Mayor Suarez: I mean - I presume you are referring to the Private Industry Council, is that what you mean? Commissioner Plummer: Yes, sir. Mayor Suarez: All right, with that particular concern in mind... Commissioner Plummer: Yes, you know, let me... Mr. Mayor, also, Frank, I think that you should send this Commission a weekly... you're the delegate to the PIC, correct? 142 October 14, 1993 Mr. Castaneda: Yes, I am. Commissioner Plummer: I think you ought to send us a weekly update as to what is going on. Because we've got millions of dollars involved in that Private Industry Council. Commissioner Alonso: Are you suggesting that we take the money and ran? Commissioner Dawkins: And, may have to refer. Commissioner Plummer: I'm taking the suggestion that we might. Because, there's some factors going on. And, that's why Mr. Sabines asked to be appointed to the PIC. Mr. Castaneda: OK. Commissioner Plummer: OK? And, that's why I made that nomination because I think that he can go over there and speak for all of us. ( INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INIO THE PUBLIC RECORD) Commissioner Plummer: In what language? Any of the one that you chose. Mayor Suarez: All right. As to the motion to reconsider, we have a motion and a second. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 93-658 A MOTION TO RECONSIDER THE PORTION OF PREVIOUSLY ADOPTED R 93-656 WHICH AUTHORIZED THE ALLOCATION OF SIX MONTHS FUNDING FOR SOCIAL SERVICE AGENCIES OUT OF 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Upon being seconded by Commissioner Alonso, the motion 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 ABSENT: None. COMMENTS MADE DURING ROLL CALL. Commissioner Plummer: No. I vote no because I think that if we don't keep them under the gun, we are going to have the same problem we've had every year. 143 October 14, 1993 Mayor Suarez: Well, just vote yes on the reconsideration and then vote no on the actual item. Commissioner Plummer: Oh, the reconsideration, I vote no. COMME NI'S MADE AFTER ROLL CALL: Mayor Suarez: Thank you. OK, now, on the item in chief, does someone want to propose that we fund these programs until the end of the fiscal year? Commissioner Alonso: Yes, I so move. Mayor Suarez: So moved by Commissioner Alonso. Commissioner Dawkins: Second. Mayor Suarez: Seconded by Commissioner Dawkins. .Any further discussion? Commissioner Plummer: Again my negative vote, Mr. Mayor, is so that we don't have to go through budget again being told that this one didn't do this, that they are not auditing... Mayor Suarez: I hear you. Commissioner Plummer: ...they are not what... You are relinquishing any pressure to make them do that and we'll once again after you are gone, we'll be here fighting with it in June. Mayor Suarez: Wait, I have a suggestion. I have a suggestion. Commissioner Alonso: That is the responsibility of the Administration to request that they provide... Commissioner Plummer: But, you... Commissioner Alonso: ...all this... Commissioner Plummer: Miriam, excuse me. You understand like with the boat yard, they don't pressure people to pay. Mayor Suarez: And, then Commissioner, I would suggest... Commissioner Plummer: They don't care whether we make a profit or break even. Commissioner Alonso: We are... Mayor Suarez: For the new CDBG funding, you at least keep - and it will be a new Commission that will be doing it, obviously, but you at least keep the oversights so that you review it every six months or every three months. But for this year... Commissioner Alonso: That seems reasonable. 144 October 14, 1993 Mayor Suarez: ...we've reviewed it three times already. And, this Commission has other important business. That's the... Commissioner Alonso: We can... We can even add that. Mayor Suarez: You have worn us out. It is not that we disagree with your... Commissioner Alonso: ...every six months we review it. Mayor Suarez: ...Yes, we've got Congress - important Congressmen writing us, like Commissioner Dawkins has read. Commissioner Alonso: Yes. Commissioner Plummer: But, that... That was done. Mayor Suarez: Which is why we are embarrassed by this. Commissioner Plummer: Mr. Mayor, that is not a true statement. Somebody... Mayor Suarez: People not able to pay their insurance, as Mr. Blanco indicated. Commissioner Plummer: Somebody gave Carrie Meek some bad information. We didn't reduce anything. Mayor Suarez: Of course not. Of course not. i Commissioner Plummer: OK. Mayor Suarez: But, the cash flow situation that we create for them does create incredible problems. All right, we have a motion and a second. Any discussion? If not, please call the roll. That's as 29 or 30, Frank? Unidentified Speaker: Thirty. 1 Mr. Castaneda: Thirty. Mayor Suarez: Thirty. Thank you. 145 October 14, 1993 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-659 A RESOLUTION, WITH ATTACI-IM=(S) , AMENDING SECTION 2 OF RESOLUTION NO. 93-656, ADOPTED OCTIOBER 14, 1993 RELATING TO nE, FUNDING OF 'TWENTY-THREE (23) SOCIAL SERVICE AGENCIES FOR THE PERIOD ENDING MARCH 31, 1994, THEREBY EXTENDING SAID FUNDING TO TIE=: PERIOD ENDING JUNE 30, 1994; AUTHORIZING THE CITY MANAGER TO EXF.CLYM AMENDMEN'S, IN SUBSTANTIALLY THE ATTACHED FORM, TO EXISTING AGREEMENTS WITH SAID AGENCIES FOR THE PURPOSE OF IMPLEME nING AND CONTINUING SOCIAL SERVICE PROJECTS, SUBJECT TO THE PROVISIONS CONTAINED HEREIN; ALLOCATING FUNDS THEREFOR FROM THE NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (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: Commissioner J.L. Plummer ABSENT': None. COMMERM DURING ROLL CALL: Commissioner Plummer: I guess we learned nothing from the Montos (Phonetic) Center. I vote no. CCMM ENTS AFTER ROLL CALL: Mayor Suarez: Was there another motion still pending, or was the discussion still going on on the issue of what we instructed the Manager... Commissioner Alonso: Yes. Mayor Suarez: ...to do vis-a-vis the Law Enforcement Trust Fund, or is it clear... Commissioner Alonso: We come back in thirty (30) days. 146 October 14, 1993 Mayor Suarez: ...that we have a 30 day... All right, tie has a thirty 30 day lease on life and to get that resolved or otherwise you are going to have very very upset Commissioners. ------------------------------------------------------------------------------ 38. BRIEFLY COMMENT AND TEMPORARILY TABLE DISCUSSION CONCERNING WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND WYNWOOD FOREIGN TRADE ZONE. (See labels 51 & 55) ------------------------------------------------------------------------------ Commissioner Plummer: What is the next item? Mayor Suarez: Item 31. Mr. Cesar Odio (City Manager): Yes, we sent you... Commissioner Plummer: Oh, boy! Mr. Odio: I sent you an updated report... Commissioner Plummer: Are you trying to get all these people defeated? Mr. Odio: ...and you should have had it yesterday. As of right now, we are still in the same position we were before. We have not resolved the issue with the Wynwood Economic Development Corporation that you wanted a new board. They have not approved that. We did meet with the developer's attorney and I told them, "Clearly, you know, the issue is not with the lease and with yourselves, as much as we need to know what beard is going to control the funds that are going to be coming from the trade zone to the Wynwood Economic Development Corporation." They wanted me... Commissioner Plummer: Mr. Manager. Mr. Odio: ...to bring today to you the approval of their lease. And, I don't think I can honestly do that. Commissioner Plummer: No, that's not what they wanted. Mr. Odio: Yes, they want you to approve their lease... Commissioner Plummer: They came to see me... Commissioner Alonso: Which item is... Commissioner Plummer: ...and just let me state... Mr. Odio: Well, can I say what they told me they wanted? Commissioner Plummer: OK, you do that, and then I'll tell you what they told me. 147 October 14, 1993 Commissioner Alonso: Could they start after two? Mayor Suarez: Why don't we table the item? I am sorry, I... I think you are right. I think they wanted to have this taken up after two. Mr. Odio: They wanted... Commissioner Alonso: After two. Mr. Odio: They wanted the lease taken up today. And, I they... Commissioner Plummer: OK, just for the record, what they spoke to me about was that there was some problem with the property and not clear cut title to the property. And because of that they could not move... Mr. Odio: No. Commissioner Plummer: ...And, obviously they never spoke to me about a lease because they said if they couldn't get clear title... Mr. Odio: No. Commissioner Plummer: ...they... Mr. Odio: That's got nothing to do with that. i Commissioner Plummer: Sir, that's their contention. Commissioner Dawkins: He's got to tell you what they told him. Commissioner Plummer: It might not have anything to do with it. Commissioner Dawkins: Yeah. Commissioner Plummer: Mr. Mayor, can we take that after 5:00, so we don't have to come back right afterwards? Because we are going to be finished here hopefully... Commissioner Dawkins: Why are you moving it after 5:00? Mr. Odio: No, but you have items that you have to take up at three. i Commissioner Alonso: Oh, he is right. No, we have to be back at three. Commissioner Dawkins: Why are you moving it to 5:00? Commissioner Plummer: Why? Vice Mayor De Yurre: We take them up after 3:00, which can be 5:00 o'clock. Commissioner Alonso: Public hearing night. Commissioner Plummer: Oh, all right. So, schedule it for 3:00. 148 October 14, 1993 Mayor Suarez: I guess we could come back a little bit later after 3:00. It could at 4:00 or 5:00. Now, what are you suggesting? We can act on this in a way that is not going to create a... Mr. Odio: I think you are... Commissioner Plummer: No, we'll do it after 5:00. Just tell them. Mr. Odio: Mr. Mayor, you have hearings here that could take more than an hour. Vice Mayor De Yurre: Such as? Mr. Odio: 39. Mayor Suarez: I would... I would... OK, .let's leave it for the afternoon. But I said 2:00 o'clock, and I didn't mean to say 2:00 o'clock. It could be 3:00 or 3:30 or 4:00. Vice Mayor De Yurre: 39. ------------------------------------------------------------------------------- 39.(A)DIRECT CITY MANAGER TO INSTRUCT CITY'S PLANNING DEPARTNIENT TO PREPARE AN IN-HOUSE PUBLIC PLANNING STUDY PROCESS FOR THE VIRRICK GYM AND DINNER i KEY WATERFRONT AREAS WITHIN 60 DAYS. I (B)MAYOR SUAREZ CRITICIZES THE MIAMI HERALD'S RECENT EDITORIALS CONCERNING THE CITY OF MIAMI. ------------------------------------------------------------------------------- Commissioner Plummer: All right, what are we on, item what? Mayor Suarez: Thirty... Commissioner Alonso: Two. Mayor Suarez: ...two then. Because 31 is tabled. Commissioner Plummer: Thirty-two. Mayor Suarez: Discussion concerning public planning process for the Verrick Gym... Commissioner Plummer: Thirty-two, where the hell is 32? Oh. Mayor Suarez: ... and the Dinner Key waterfront areas. Mr. Luft, what decisions do we need to make on this? Or, is it just pure discussion? Mr. Jack Luft: No, we are asking you to approve a resolution for a $15,000 grant to the center_ for community design at the University of Miami to help us manage a process of two months, very condensed, community based process to get informed public input... 149 October 14, 1993 Commissioner Dawkins: What is this? Mr. Luft: ...about the issues around surrounding the Virrick Gym and the waterfront properties in Dinner Key. We would come back in January with alternative plans, with cannuiity input into them. So that you can make a decision about the future of the gym, the property and that waterfront... Commissioner Plumper: Well, how can you... Mr. Luft: ...and Bayshore Drive. Commissioner Alonso: Then in this case shouldn't we reconsider the demolition of the property? Mr. Luft: We are suggesting that this process would address that, and that nothing will be demolished until this study was completed. Commissioner Dawkins: You know I don't... Commissioner Alonso: Yes, but this Commission had a motion... Commissioner Plummer: How can you do to tear it down? Commissioner Alonso: ...that was to demolish the property, so I will move at this time... Mr. Cesar Odio (City Manager): This is... Yeah, you are right. But we... Commissioner Alonso: ...that we rescind that decision of the Commission because it... Mr. Odio: You don't have to, Commissioner. Commissioner Alonso: ...could be demolished. This is very dangerous. Mr. Odio: No, we cannot demolish the... Commissioner Alonso: No, no, but let's be sure that the... Mr. Odio: We are doing this... Comynissioner Alonso: ...will of this Commission is for the building to stay until this plan has been completed - this study has been completed. Mr. Odio: I have no problem with that because we have to do the study before we are allowed by the Federal Government to proceed with any demolition. Commissioner Alonso: All right. Commissioner Plummer: What... Excuse me, let me ask. Commissioner Alonso: The building will not be demolished. 150 October 14, 1993 Commissioner Plummer: What are you going to do with all of the homeless that's living in the building? (INAUDIBLE BACKGROUND CaMh0ENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner_ Plummer: Yeah, you got the homeless living in the back, they walk - they go in the back side of the building. Vice Mayor De Yurre: Yes, they want... They want air conditioning, OK. What are we going to do about it? Mr. Luft: They are not in the building, they are behind it. Commissioner Plummer: Sir, they are in the gym. Mr. Luft: Well, that's a matter of the building being secured properly. It is, you know, we'll have to... Commissioner Alonso: The property. Commissioner Plummer: Yeah, but I am worried about liabilities. Mr. Luft: Yes, so... Commissioner Plummer: You see the last time this Commission addressed the issue it was coming down, and I felt comfortable with that. Mr. Luft: Yes. Commissioner Plummer: Now, we are saying that it is going to be delayed. The homeless are still living in there and it is going to create another liability problem for us. Mr. L•uft: Well... Mr. Odio: The homeless are not inside the building. Commissioner Plummer: They are, sir. I've watched them go in and came out. Mr. Odio: Well, if they are, we will have it... Commissioner Dawkins: In fact, he has slept in there with them. No problem i go ahead. Commissioner Plummer: Sir, are you aware that the Marine Stadium is being used at night by teenagers? Mr. Luft: Where? Mr. Odio: They've been doing that for years and years. Commissioner Plummer: And you have no problem with the liability? I Mr. Odio: I am aware of that because I am there... We have to, but they come in by water. 151 October 14, 1993 Cammissioner Dawkins: I have... Commissioner Plummer: No, sir, they are going in by unlocked gate that doesn't even have a lock on it. Commissioner Dawkins: You know, I have a problem. Now, when we were here I suggested that we were falling behind South Miami Beach in that South Miami Beach was preparing - what you call that - Charrette? Mr. Luft: A charrette. That's what this is. Commissioner Dawkins: And they were doing it free. Mr. Luft: No, it cost a half a million dollars. f Commissioner Dawkins: OK. Now, I suggested that we do one from Aviation to Pan American Drive... Mr. Luft: That is what this is... Commissioner Dawkins: ...from here to over there. I also made a suggestion that you do one from - including... But, why are you going to... OK. I don't know. Mr. Luft: From Aviation to Pan American Drive a designed charrette... j" Commissioner Dawkins: Well, is this item 32? Mr. Luft: Yes. Commissioner Dawkins: Well, that is nowhere in this, what you handed me, say anything about Verrick Gym. Mr. Luft: Virrick Gym is in the middle of this area. Commissioner Dawkins: In the middle of what? Mr. Luft: Of the study area. Commissioner Dawkins: But see... Commissioner Plummer: Where is the money going to cone from? ! Commissioner Dawkins: ...all I am saying, I hear you, Jack. All I am saying to you is on the agenda I come prepared for you to tell me whether you are going to push down Virrick Gym or not. Commissioner Plummer: What are you talking about two million dollars, three million dollars? Commissioner Dawkins: Now, that was on the agenda. Then you bring me a resolution saying that you want to spend $15,000... no, I shouldn't personalize it. I am sorry, Jack, I don't want to personalize it. That we 152 October 14, 1993 are going to contract with the University of Miami for $15,000 to assist us in... I don't know what. Mr. Luft: Conducting a public design charrette running four meetings to solicit community input so that the many concerned citizens who... Commissioner Dawkins: OK, all right, now see you and I have been here a long time. Mr. Luft: ...want to be hear on this issue can have an informed process. Commissioner Dawkins: Let me read you what it says. Mr. Luft: OK. Commissioner Dawkins: A resolution accepting the proposal of the University of Miami, School of Architects Center for Urban and Community Design, to undertake a joint effort with the City of Muni for the purpose of conducting an analysis... Mr. Odio: Call it a charrette if you want. Commissioner Dawkins: ...of existing conditions... Mr. Luft: A charrette. Commissioner Dawkins: OK. And further... and future alternatives to the area east. It doesn't say nothing about design... What we are going to do is design. Mr. Odio: You can call it charrette, if you want. This is what... Mr. Luft: The scope... Commissioner Dawkins: Call it what, Mr. Manager? Mr. Odio: It is charrette. Mr. Luft: The scope... Commissioner Dawkins: Well, put it in there. Mr. Odio: That's the popular... Mr. Luft: That scope to the study is attached. Commissioner Dawkins: Put it in there. Commissioner Plummer: Mr. Manager, give me off the top of your head a rough idea of what it would cost to redo the Virrick Gym? Mr. Odio: Two to three million dollars. 153 October 14, 1993 Commissioner Plummer: OK. Now, after Jack does all of this beautiful study with those high priced help professors at the University, and they say redo the gym - where are you going to get the three million dollars? Mr. Odio: That's... Mr. Luft: We are going to bring to you alternatives, sir. Commissioner Plummer: I am sorry? Mr. Luft: There are going to be alternatives. We are not going to bring one... Commissioner Plummer: Alternatives. Mr. Luft: Not one plan, but total alternative plans addressing walkways, public open space, the gym, access and parking. A comprehensive look at this with all the community groups interested in providing its input. So that you can have... Commissioner Plummer: Oh, Jack, Jack... Mr. Luft: ...so that you can have an informed decision. Commissioner Plummer: Community groups always want everything from Government, OK, but paying their taxes. OK. As long as they don't have to pay for it, man, they want a gym... Mr. Luft: Well, that's... Commissioner Plummer: ...they want boat docks, they want everything. And I don't blame them. Commissioner Dawkins: I want a national championship. Mr. Luft: The decision will be yours, sir. It is just that the community has asked for a chance to provide inform input into the process. Commissioner Plummer: OK, hey... Mr. Luft: So that they can have a role. Commissioner Plummer: ...if you are telling me that this is what we got to do by law... Mr. Odio: We cannot touch the gym. Commissioner Plummer: ...if we eventually want to tear it down, you got to do it -- do it. Mr. Odio: Unless... We have to do it. Commissioner Alonso: And not only the... 154 October 14, 1993 Commissioner Plummer: I don't }mow where the hell the money is caning from. Commissioner Alonso: ...we really need to }mow what has to be done and be done right. And I think that is a proper way to do it. Commissioner Plummer: You know that one thing... Commissioner Alonso: I move that we approve. Commissioner Plummer: Madam Commissioner, the one thing that we are forgetting, this thing was a disaster before Andrew. OK. Mr. Luft: And the property around it and... Commissioner Plummer: The poles were failing down. The exhaust fans were bad. Commissioner Alonso: How am I... Commissioner Plummer: The plumbing was horrible. That was before Andrew. Andrew just put the coup de grace. Commissioner Alonso: It is my understanding that we have about 900,000 to repair this facility. Mr. Odio: About 700, I believe. Commissioner Alonso: Is that true? Mr. Odio: 700,000. Commissioner Alonso: 700,000. I was told 900. Unidentified Speaker: Eight hundred and ninety eight. Commissioner Alonso: How much? Unidentified Speaker: Eight hundred and ninety eight. Commissioner Alonso: OK. So it is almost... I was right. Mr. Odio: No, just a minute. Before you put something on the record, there are two conditions there. Commissioner Alonso: Which are? Mr. Odio: We can get some moneys to replace that gym somewhere else in the City, and we get one amount. If we demolish it, we get another amount. And if we fix it, we get another amount. Commissioner Alonso: If we fix it, how much it is? Mr. Odio: Eight -nine, No? 155 October 14, 1993 Unidentified Speaker: Eight -ninety-eight. Commissioner Alonso: So it is 900,000. Mayor Suarez: And if we study it to death, what do we get? Mr. Odio: Nothing. We get the same conditions. And I still think we should demolish the building. Commissioner Alonso: I think we have to study first, and then make the right decision. Mayor Suarez: Mr. Manager, I guess there was a facetious way of asking, which I am glad Anne at least pick up the humor. Mr. Luft: Sixty days, sir. That's all this is. Commissioner Plummer: You know, I... Mayor Suarez: What do we get... Is this money caning... for the studies, are coming from FEMA (Federal Emergency Management Agency)? Mr. Luft: No, sir. Mr. Odio: No, this is coming from the... Mr. Luft: This is insurance. Commissioner Alonso: The money to repair. Mayor Suarez: What justification is there for the City, with limited resources, to spend money... Mr. Odio: Mr. Mayor. Mayor Suarez: ...to study what makes sense for that site and to ask for community input? That's what we do as a government. That should not cost additional moneys, it should not involve the University of Miami. That is not a charrette. Mr. Luft: Well, we are... we must, by Department of Interior Rules, conduct a public process. We wanted it to be professional... Mayor Suarez: That is exactly what we are doing right now, Mr. Luft, in case you didn't notice. We are con-lucting a public process. Mr. Luft: In... Mayor Suarez: Now, I want to notify the general public... Mr. Luft: ...a public planning process. Mayor Suarez: ...take input from the Waterfront Board which always seems to be difficult, I don't know why they are treated as if they are kind of a necessary evil. And then... 156 October 14, 1993 Mr. Odio: They are... Mayor Suarez: ...the citizens, year ago, OK. That can be done. Miami and $15,000. Mr. Luft: We'll take... Mayor Suarez: You know that. as I suggested in a memo approximately one But it doesn't require the University of Mr. Luft: It will take a lot of work to bring the amount of people in this community that want to be heard, together, in a proper forLun so that they can have information and a process by which they can interact and provide us comments on alternative plans. You will have in January the secure knowledge that you have alternative plans that have been addressed completely, that are factual. And the community can have full input into, and make your decision which way you want to go. Mayor Suarez: Jack, the budget process under State law is one of the ones that most strictly requires public input.. We have Mano Surana get up here and read the items. You know what that looks like. And whenever we go through that, and they are not 30, 40, 50, 100 people out there, what does your boss, the City Manager, say? He says, "Well, this reflects that the public input is such - that the public reaction is such - that we must be doing something reasonable because they are not here." OK. They were given the opportunity under the law. It is a very strict process. If they don't come, it must be that they are happy with whatever it is we are contemplating doing. Which is published, in the case of the budget. This cannot be any different from that. And I am sorry, I respect you. But I remember sitting here eight years ago, and you came and you said, after the Watson Island fiasco, because we had a beautiful plan for that island and certain members of this Commission took it upon themselves to try to embarrass us about them, and the thing was never built. And then you came and you said, "We need $100,000 to plan Watson Island..." And another time, I think , the F'EC Bicentennial sights. And we said, Jack you can do it in-house. And you said, "If that is how you want us to do it, we'll try it." And you went and you did a magnificent master plan which apparently the Miami Herald has not read for Watson Island, and another... Commissioner Alonso: Good. Mayor Suarez: ...and another for Virginia Key, which apparently the Miami Herald has not read either. Mr. Luft: They will get a response. Mayor Suarez: Or their editorial wouldn't reflect the incredible abysmal ignorance of the last three or four editorials. Mr. Odio: Miriam, I am preparing a response. Mayor Suarez: Which I would actually love to know who wrote those because it is like - you know - the person is just sort of sat back in -the ivory tower, 157 October 14, 1993 has not called anyone here, Alfonso, you might really relate that back to them. Commissioner Alonso: They don't like the City of Miami. Mayor Suarez: Has not called a single one of us, that I know of. Unless they called you, Commissioners. They haven't called me. They haven't' called... Commissioner Plummer: They haven't been any less consistent. Mayor Suarez: The Herald you mean? or the City Administration? Commissioner Plummer: No, the Herald. Mayor Suarez: Well, they are about as consistent as the City Administration on this particular issue. Commissioner Alonso: They are doing everything in their power to get rid of the City of Miami. Mayor Suarez: So I just... Commissioner Plummer: Just for the record, Mr. Mayor. Mayor Suarez: ...in a long winded way, I am saying, and I shouldn't have gotten into the editorials. But... Commissioner Plummer: ...they did ask... Mayor Suarez: ...you have done it before in-house. And I don't see why you can't do it in this case, Jack. Commissioner Plummer: Just for the record, they did ask me to meet with them when they did the review of the DDA (Downtown Development Authority). I was unable to do such. But they did do, and they got a favorable results from the DDA editorial. I guess, because I wasn't there. Jack is now putting in the record, Commissioner, and I am sorry we did not get the benefit of your journalistic wisdom, that the Planning Department says that they cannot do this. Now, this is the same Planning Department that I have finally come to the conclusion for the... Mr. Odio: They are down to... Mayor Suarez: ...future Commission that sits here, that it probably ought to be disbanded because all it spends its time doing is telling us what we cannot do. And proposing overlaid districts, and complex zoning classifications. And nobody understands except maybe Tucker Gibbs, and Jim McMaster, and a couple of other people who spend their time on this things. And not trying to develop the good... the areas that we want to develop, and otherwise top development in the areas that we don't want development in. So then, can we instruct the Administration that the Planning Department take care of this... Thank you, yes. Commissioner Alonso: ...study, have public hearings and also I would like to reconsider the original resolution... 158 October 14, 1993 Mr. Luft: My... Commissioner Alonso: ...to demolish the Virrick Gym so that it is not carried on? Mayor Suarez: Yes, let's do that, please. Let's do that in two motions, would you? Commissioner Alonso: Yes. Mr. Luft: OK. Commissioner Plummer: Well, excuse me. I will vote for that motion if you put a time limit on it. I think that building... Mr. Luft: Well, we want to be back in 60 days. Commissioner Plummer: ...is a potential million dollars law suit against this City. And if you are not going to secure it, which almost impossible to do, and I am not finding fault with the Administration. These bums can get around anything. Put a 90 day time limit, 120 day time limit, but put a time limit. Mayor Suarez: OK, 60 days. Commissioner Plummer: Sixty days? Fine. I'll vote for the motion. Mayor Suarez: So moved. So moved that we... to try to do this in-house through the Planning Department. Commissioner Alonso: Yes. Vice Mayor De Yurre: What is the motion? What is the motion? Commissioner Alonso: To have this in-house study... Vice Mayor De Yurre: OK. Commissioner Alonso: ...of the property. And come back in 60 days. Mayor Suarez: And no demolition during that process. Mr. Luft: OK. To be fair to the Planning Department if I may... Vice Mayor De Yurre: OK. Commissioner Plummer: We... What I've been told, you can't do demolition until this study is done. Mr. Luft: ...it was... It's not that they couldn't - it's not that they can't do it, but in the time frame we had, we wanted this turned around immediately. It takes a substantial man power to do this, and they were not certain that they could do it given the responsibilities they have. OK. 159 October 14, 1993 Commissioner Plummer: Man power, just to look at it. Mayor Suarez: The Manager can change the responsibilities, or change a few of them if he wants. Commissioner Alonso: Well. You can always come back in the next Commission meeting... Mayor Suarez: Yes. Commissioner Alonso: ..if they have reasons not to do it. They can come back and explain to us. Mayor Suarez: All right. So moved. And then the built in is that there is no demolition for that period of time. Commissioner Alonso: Yes. i Mayor Suarez: All right, call the roll. Commissioner Plummer: I still don't know why they are trying to save something that was of no value before? Mayor Suarez: I had that discussion this morning with my good friend, Frank Albitron. I mean, there are some aspects of their argument that I don't fully understand. But let's hear them out... Commissioner Plummer: Fine. Mayor Suarez: ...let's see the process we should have done... Commissioner Alonso: I think it is only fair. Mayor Suarez: Right. Ms. Matty Hirai (City Clerk): Need a second, Mr. Mayor. Commissioner Plummer, do you second? 1 Commissioner Plummer: Fine, I'll second the motion. Ms. Hirai: Thank you. 160 October 14, 1993 is r, The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 93-660 A MOTION DIRECTING THE ADMINISTRATION TO DO A PLANNING STUDY, IN-HOUSE, FOR THE VIRRICK GYM AND DINNER KEY WATERFRONT AREAS (PURSUANT TO U.S. DEPARTMENT OF INTERIOR GUIDELINES) TO HOLD ALL REQUIRED PUBLIC HEARINGS AND TO COME BACK WITH A RECOMMENDATION; SAID STUDY TO BE COMPLETED WITHIN 60 DAYS; FURTHER STIPULATING NO DEMOLITION OF STRUCTURES IN SAID AREA SHALL TAKE PLACE DURING THE TERM OF SAID PROCESS. 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: None. ABSENT: Commissioner Miller J. Dawkins ------------------------------------------------------------------------------ 40. BRIEFLY COMMENT AND TABLE DISCUSSION CONCERNING DESIRABILITY OF REMOVING PRESENT SANCTIONS AGAINST SOUTH AFRICA. (NO ACTION TAKEN.) Mayor Suarez: To complete the morning items, and if Commissioner Dawkins later needs to have his vote affixed on this, we can reopen the item. We have all of the international, local, national bodies asking for the removal of sanctions against South Africa. And I would ask for a motion to effectuate that. Commissioner Plummer: What about Dawkins? Mayor Suarez: We'll open it for his vote if... Commissioner Plummer: I'll move it. Commissioner Alonso: Let's wait for him, please. Mayor Suarez: All right. OK, the item is tabled. Remind us, please, in the afternoon. It's just not controversial, at least getting it done. 161 October 14, 1993 Commissioner Alonso: Yes, yes, but just skip it. Mayor Suarez: All right, then item 34. Northeast Task Force. Is there any issue that Commissioner Dawkins would be concerned of? Mr. Cesar Odio (City Manager): You appointed that already. Mayor Suarez: OK, are they all done then? Mr. Odio: Yes. ------------------------------------------------------------------------------- 41. BRIEF DISCUSSION CONCERNING POSSIBLE RESCHEDULING OF THE START TIME OF THE COMMISSION MEETING PRESENTLY SCHEDULED FOR OCTOBER 21ST. (See label 62) ------------------------------------------------------------------------------ Mayor Suarez: So item, OK. Commissioners, the meeting of the 21st, at the very least. We have to have a meeting. Is that what you are telling me, Aurelio? Commissioner Alonso: Which one? Mayor Suarez: The meeting of the 21st. We have to have a meeting? Because the code says we have to have two meetings per month even if there is nothing important to do at that meeting. Or is there important things? Mr. Aurelio Perez-Lugones: We have 11 planning and zoning issues. Mayor Suarez: OK. And those are of great public interest. They are not just internal things that could be done... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) 1 Commissioner Alonso: Or do it in the morning and get it over with. Mayor Suarez: Yeah, I mean... Commissioner Alonso: In the morning session. i Mayor Suarez: ...do it. Is there any that need to be scheduled for after 5:00 p.m. of those 11? Could you check that out between now and the end of today's meeting. I IMr. Perez-Lugones: I've been told by the hearing office that they have... Commissioner Plummer: What are you trying to accomplish? (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: All right. So... 162 October 14, 1993 Commissioner Alonso: OK. Mayor Suarez: ...we would then meet at 5:00 p.m. I'll entertain a motion... Commissioner Alonso: It is by law. Commissioner Plummer: For 11 items for zoning? Mayor Suarez: ...on the meeting of the 21st being at 5:00 p.m. Commissioner Plummer: Excuse me, 11 items of zoning in four hours? Are any of these controversial? You know how things are around here, you get one item controversial, and it will take the four hours. Mayor Suarez: No, no, no. Commissioner Plummier: Well, Mr. Mayor, I just don't want to have... Mayor Suarez: We don't do that anymore. Commissioner Plummer: You }mow... Mr. Cesar Odio (City Manager): I think we start at 5:00. Commissioner Alonso: Five. Mayor Suarez: You want to try at 4:00, Commissioner Plummer, just to be on a safe side. Commissioner Plummer: I want to start whatever it is necessary to get it accomplished. Mayor Suarez: All right, how about 4:00 o'clock? Commissioner Plummer: That's fine with me, sir. Mr. Odio: We will have no regular items, except one. Mayor Suarez: 4:00 o'clock? Commissioner Plummer: One, one. Commissioner Alonso: Then... Mayor Suarez: Yeah, the items... There are some items that are susceptible - very good question - to being heard at 4:00, Aurelio? Are there some items that are scheduled for the 21st that can be heard at 4:00 p.m.? Don't ]mow. Mr. Perez-Lugones: I don't know because... Mayor Suarez: All right, we'll handle the item in the afternoon. As to this afternoon's meeting, how about 4:00? Commissioner Plummer: That didn't change my mind. Commissioner Alonso: Mr. Mayor. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Yes, we are going to see if this is an emergency item. We usually take those up at the end of the day. Commissioner Plummer: What am I... Mayor Suarez: What time do we reconvene? We are not scheduling the meeting of the 21st. Commissioner Plummer: 3:00 o'clock, 4:00, 5:00, no, we've got. Mayor Suarez: Keep pushing for 5:00, keep pushing for 3:00. I think we ought to go for 4:00 just so we don't get too delayed. Commissioner Plummer: How about 4:30? Mayor Suarez: 4:30? (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: 4:30, we'll reconvene. Sir, what was your urgent request? We usually take this up at the end of the day. Commissioner Plummer: And we will have Tony Crapp here. ---------------------------•--------------------------------------------------- 42. BRIEF DISCUSSION CONCERNING FAILURE OF CITY COMMISSION TO RECOGNIZE JAMAICAN CONSUL GENERAL'S PRESENCE AT CITY HALL -- ISSUE DIRECTED TO OFFICE OF PROTOCOL. Mr. Chester McCulluch: Ten seconds, Mr. Mayor, good morning, Commissioners. I had scheduled to your office when I requested the view a few weeks ago. And I sent the letter in by way of Commissioner Plummer's office to Ms. Edwards. And the letter was delivered. The... Mayor Suarez: I am sorry. What is the item, and what is your name on the record, please? Mr. McCulluch: I represent the Consul General, the letter was sent to your office. And she came here this morning, and was turned away with the member of Government he was turned. away. We don't have... presenting her credential. Mayor Suarez: Uh. Mr. McCulloch: And I just wanted to go in the record that I was very embarrassed about that. 164 October 14, 1993 Commissioner Plummer: Wow, wait, wait, wow. Who was turned away by who? Mr. McCulluch: The Consul. General was turned away this morning, sir. Mayor Suarez: Oh, that is too bad. Commissioner Plummer: The Consul General of Jamaica. Mr. McCulluch: Of Jamaica, of Jamaica. Commissioner Alonso: Jamaica... Commissioner Plumper: Was turned away by who? Mr. McCulloch: She was told by a representative to Commissioner Dawkins' office, after checking with the Mayor's office, that she wasn't on the agenda. When the item was confirmed with me... f Mayor Suarez: Did she want to address the Commission or just present credentials under the... Mr. McCulluch: No, just to present the credentials. But, everything was confirmed. Mayor Suarez: See that's... You don't do that at the Commission meeting necessarily. Commissioner Alonso: This should have been done, if she wanted to, in the morning. Mayor Suarez: I will contact the Consul. Mr. McCulluch: It was confirmed to your office, sir. And it was very embarrassing this morning. Mayor Suarez: Yeah, it is just that there is 52 Consuls. All of them wish to present credentials. Commissioner Plummer: Shouldn't we try to rectify that today, Mr. Mayor? Mayor Suarez: I am sorry. Commissioner Plummer: Shouldn't we try to rectify that today? Mayor Suarez: Yes. Marty, make sure it gets rectified. i Commissioner Alonso: Yes. At the beginning in the afternoon. Commissioner Plummer: And as her please to. Mayor Suarez: All right. Thank you for alerting us to that... 1 Mr. McCulloch: Thank you very much, sir. 165 October 14, 1993 Mr. Jones: Mr. Mayor. Mayor Suarez: Mr. "Q", yes. Mr. Jones: You do have a public hearing scheduled for 3:10 this afternoon. Mayor Suarez: But, it is after 3:10, can we take it up at 4:30? Commissioner Plummer: After_ 3:30. Mr. Jones: No, I think it's... If I am not mistaken, it says at 3:10. It is time certain. Mayor Suarez: But, what is it that requires under any code or charter or constitution that we take it up at exactly 3:10? Mr. Jones: It says please take... The notice says that a public hearing will be held at 3:10 p.m. Commissioner Plummer: OK. Well, the Mayor is going to get a stomach ache and he'll be delayed getting back until 4:30 which at such time the medicine will take effect and he'll feel better. Mayor Suarez: I don't... Mr. Jones: Well, the only concern... Mayor Suarez: Unless, we are somehow constitutionally compelled to meet at that time, we are just going to... Commissioner Plummer: What is the item? Mayor Suarez: ...is delayed a little bit. Mr. Jones: It's the... It's the item you scheduled for a public hearing... Mr. Odio: Thirty-nine. Mr. Jones: ...on Consent Decree and the FOP and that whole bit. Commissioner Plummer: Oh, yeah, yeah. Mr. Odio: You have one at 3:00 o'clock. Mr. Jones: You have one at 3:00 o'clock as well. Mayor Suarez: Are you telling us that the code requires that we meet at exactly that tune? Or we can meet a little later? I mean, like Commissioner Plummer said... Commissioner Alonso: Because we never... Mayor Suarez: ...we could be indisposed, we could be lacking a quorum, I mean. 166 October 14, 1993 Mr. Jones: Well, the only thing that I... Mayor Suarez: I'll come down here... I'll come down here at that time and announce that we don't have a quorum. Mr. Jones: Yeah, but you can announce it at that time, yeah. Mayor Suarez: I'll be happy to do that. And, if by any chance we have a quorum... Commissioner Plummer: Yeah, but Mr. Mayor, we are talking... Mayor Suarez: ...there is something we can dispose of... Commissioner Plummer: ...about an extremely sensitive issue. Mayor Suarez: I understand. Commissioner Plummer: And I don't want my absence to be reflected that you are here and we are not. And it would make us look bad. Mayor Suarez: OK, let's the three of us be here. Commissioner Alonso: Be here. Mayor Suarez: But keep in mind that we've announced to other Commissioners that we are not reconvening until 4:30. Commissioner Plummer: I would... Mayor Suarez: So we should strongly... Commissioner Plummer: ...want the... Commissioner Alonso: We'll come for these items and... Commissioner Plummer: ...I would want the Administration to make every effort to contact the other two Commissioners to tell them of the recent chair ruling that in fact this is a very very critical issue that they might want to make sure they are here for. Mayor Suarez: All right. Let's take it that way. And we are otherwise going to reconvened then at... Commissioner Plummer: And I hope that Mr. Tony Crapp will be here this afternoon. Mayor Suarez: ...at 3:00 p.m. Commissioner Plummer: Thank you. 167 October 14, 1993 :rY:ia,�l THEREUPON 2E CITY COMMISSION WENT INTO RECESS AT 12:10 P.M. AND RECONVENED AT 3:12 P.M., WITH ALL MEMBERS OF THE COMMISSION PRESENT EXCEPT COMMISSIONER DAWKINS AND VICE MAYOR DE YURRE. Mayor Suarez: This Commission is back in session. Please come to order. Let me say on behalf of two Commissioners who are not here, that towards the end of the morning session we agreed to reconvene. And we were hoping at that moment to reconvene at 4:30 p.m. because of perceived desire to complete the agenda in minimum time. And then we were reminded by Commissioner Plummer that at least one item that was scheduled for 3:00 required our attention as quickly as we are able to give it to the item. And so, if you don't see here a couple of my colleagues, it certainly isn't for lack of interest. In fact, one of them expressed the thought that he could not be back until 4:30 because of private matters that he had. And we really dial not anticipate reconvening at 3:00. But we, once again, were reminded of the importance of what has to be handled and what is on the agenda. Ty ically, the way we schedule them anything that we schedule for 3:00, we sometimes anticipate not getting to until 4:30 in any event. So it seems like a logical thing to suggest until we were reminded that people had been expecting to make presentation at 3:00 p.m. and that we should not take that very lightly. So, we are going to go through the agenda as quickly as we can. We are starting with the very last item in the morning. And that would bring us to item 36. NOTE FOR THE RECORD: Commissioner Dawkins entered the meeting at 3:14 p.m. Commissioner Plummer: No, 31. Mayor Suarez: Did we leave that from the morning? Commissioner Plummer: Yes, you wanted us... Mayor Suarez: I am sorry 31, yes. They were supposed to cane here at 2 : 00 o'clock. Commissioner Plummer: Miller, Miller. Mayor Suarez: Hank, how are we doing on that? Commissioner Plummer: Excuse me, I am now being told that that has been tabled till 5:00. Unidentified Speaker: Thirty -one was set back. Commissioner Plummer: OK. Mayor Suarez: We had said 5:00 o'clock. Mr. Henry Adorno: 5:00 o'clock that's fine. 168 October 14, 1993 r Commissioner Plummer: Yeah, 5:00 o'clock. Mr. Adorno: That's fine. There are other people that need to be here and they couldn't be here before 4:00. Commissioner Plummer: Yeah, that's right, I remember. Mr. Adorno: 5:00 o'clock? Mayor Suarez: OK, 5:00 o'clock. ------------------------------------------------------------------------------ 43. WAIVE CITY CODE PROHIBITION (SECTION 2-302) AS IT APPLIES TO T. WILLARD FAIR IN RELATION TO THE URBAN LEAGUE OF GREATER MIAMI, INC., PROVIDING RECREATIONAL PROGRAMMING, AFFORDABLE DAY CARE SERVICES, MAINrffjANCE AND OPERATION OF THE CITY -UNWED AFRICAN SQUARE PARK. ------------------------------------------------------------------------------- Mayor Suarez: Item 36, resolution waiving by 4/5ths affirmative vote. Prohibition. Commissioner Plummer: Move it. Mayor Suarez: For T. Fair, et cetera. Commissioner Plummer: Move it. Mayor Suarez: Move and seconded. Mr. Manuel Gonzalez-Goenaga: Yes. Mayor Suarez: Yes, Mr. Gonzalez-Goenaga. Mr. Manuel Gonzalez-Goenaga: I understand, good afternoon citizens. I understand that this is a public hearing and I am using my two minutes. I don't have any quarrel with W.T. (sic) Fair. I have his greatest respect for him. And I wish him the best on this coming elections as Mayor... as a candidate for Mayor of Miami. Yet, in the spirit of full, fair and honest disclosure and for the purpose of totally clean government beyond the... Well, maybe the Cesar's wife principle. Mr. Cesar Odio (City Manager): Leave my wife out of this. Mr. Manuel Gonzalez-Goenaga: Yes. But do you have a wife? Yes, everybody hopes it. Except me. Mayor Suarez: Don't get into the issue of the Manager's wife. Mr. Manuel Gonzalez-Goenaga: Yeah, I would like to have - and this is not the first time... 169 October 14, 1993 Commissioner Plummer: There we go. Mr. Manuel Gonzalez-Goenaga: ...that I ask for it... Commissioner Plummer: There we go. Mr. Manuel Gonzalez-Goenaga: ...the amount of money that his organization has been... That the City, you Conmissioners, or the Citizens, all the taxpayers, has given. The total amount of money that has been given to the Urban League. I am not questioning his integrity or the accountability. But I think as a matter of full disclosure to avoid any possible conflict of interest, that it should be on the record. Thank you very much. Mayor Suarez: All right, Commissioner Dawkins. Commissioner Dawkins: Are you asking that the City of Miami provide you with amounts of moneys presented to the urban League, or are you asking that the City of Miami present you with the amount of dollars that has been given to Community Development agencies with which this Urban League formed coalition to get things done in the community? Which are you asking for? Mr. Manuel Gonzalez-Goenaga: Well, in particular, this should be a matter that not for me, for all the citizens. Because all the citizens of Miami have a right to know. And this is a very delicate matter in the sense that he is a candidate for Mayor. And then the requirements, at least in my mind, are more important that the other ones. Even though a full disclosure and a full accountability should be made of every single penny that is given to all the... Commissioner Dawkins: Thank you, Mr. Mayor - Mr. Manager, make available to anyone requesting it... Commissioner Plummer: That's open record. Commissioner Dawkins: ...the amount of moneys, CD (Community Development) funds that has been awarded to all Community Development groups and then make sure that's ncluded along with the Urban League's. Do not single out the Urban League as a CDC that you - that it is the only one being helped because it is an Urban League, OK. Thank you, Mr. Mayor. Mayor Suarez: All right. Commissioner Plummer: Mr. Mayor, just for the record. The Urban League is not running for Mayor. And Tal Fair is not receiving this money. This money is going, and this advocate here is for the Urban League, which is to the benefit of the City of Miami to help us in that particular piece of property for one dollar. I think it is to be commended that this is the case. I don't think that it is any secret to anybody that Tat Fair is very much a representative of the Urban League. If anybody in this town doesn't know that, they ain't lived here very long. So as far as I am concerned, that is the reason I moved it. We are doing this for the Urban League, not Tal Fair. I am sure that if Tal Fair leaves there tomorrow, the Urban League will still be in this town. 170 October 14, 1993 Mayor Suarez: All right. With those comments in mind, any further discussion on the item? Moved and seconded it. If not., please, calla the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 93-661 A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTION 2--302 AS SUCH PROHIBITION APPLIES TO T. WILLARD FAIR, WHO LAST SERVED AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ON SEPTEMBER 1, 1993, IN RELATION TO THE URBAN LEAGUE OF GREATER MIAMI , INC . , OF WHICH T . WILLARD FAIR, IS PRESIDENT, PROVIDING RECREATIONAL PROGRAMMING, AFFORDABLE DAY CARE SERVICES, MAItidCE AND OPERATION OF THE CITY-UNTED PROPERTY KNOWN AS AFRICAN SQUARE PARK LOCATED AT 1400 MARTIN LifTHER KING, JR. BOULEVARD (NORTHWEST 62ND STREET), MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre Mayor Suarez: You are rubbing your hands. You are not participating in this fund in any way, are you? Unidentified Speaker: No. Mayor Suarez: Good. ------------------------------- -------- ------- ----------- ------------•----------- 44. ISSUE REVOCABLE PERMIT TO URBAN LEAGUE OF GREATER MIAMI, INC. -- FOR ACCESS TO / USE OF SPACE AT CITY -OWNED. AFRICAN SQUARE PARK. Mayor Suarez: Item 37. You seem to be all excited about the grant. Item 37, authorizing... Commissioner Plummer: Move it, Mr. Mayor. Mayor Suarez: ...the City Manager to issue a revokable permit, et cetera. Commissioner Dawkins: Second it. Second it. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. Commissioner Dawkins: Under discussion. Mayor Suarez: Yes, Commissioner Dawkins. Commissioner Dawkins: AS the Urban League operate this daycare center, which is needed in the community, what moneys will it cost the City of Miami in the operation of a day care center that is badly needed in that area? Mr. Alberto Ruder: It is not going to cost us anything They are going to operate it on their own. And even pay the utilities for that portion of the building that they are using. Commissioner Plummer: Do they give us the dollar? Or we give them the dollar? Mr. Ruder: They give us the dollar. Commissioner Plummer: OK. Commissioner Dawkins: No further question. Mayor Suarez: OK. Call the roll. Commissioner Plummer: I move item 37. Mayor Suarez: I think we've got... Commissioner Dawkins: We didn't call the roll on 37. Mayor Suarez: I think we've got it. Ms. Matty Hirai (City Clerk): Yes. 172 October 14, 1993 ;yai�i� ,gt The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-662 A RESOLUTION, WITH ATTACHMENI'(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, TO URBAN LEAGUE OF GREATER MIAMI, INC., FOR A ONE-YEAR PERIOD, FOR ACCESS To AN USE OF SPACE AT CITY -OWNED PROPERTY KNOWN AS AFRICAN SQUARE PARK, LOCATED A`1' 1400 MARTIN L.UfIUER KING, JR. BOULEVARD (NORTHWEST 62ND STREET, MIAMI, FLORIDA, AT AN ANNUAL FEE OF $1.00, SAID PERMIT TO BE EXTENDED FOR ADDITIONAL ONE-YEAR PERIODS, UPON THE APPROVAL OF THE CITY MANAGER OR HIS DESIGNEE, WITH REVIEW BY THE CITY COMMISSION EVERY FIVE YEARS. (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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre ------------------------------------------------------------------------------ 45. AUTHORIZE INCREASE IN CONIRACT WITH SHORELINE FOUNDATION, INC. -- FOR ROBERT KING HIGH PARK - BRIDGE REPAIRS B-2950 (CIP 331315). ------------------------------------------------------------------------------ Mayor Suarez: Item 38. Commissioner Plummer: I thought you were going to hold 38? Unidentified Speaker: No. Commissioner Plummer: You are not going to hold it? OK, no whatever. Mr. Jim Kay: Item 38 is an increase in contract for the Robert King High bridge. Commissioner Plummer: No, item 38 is the relationship of the Fraternal Order of Police. Unidentified Speaker: No. 173 October 14, 1993 Ms. Matty Hirai (City Clerk): No. (INAUDIBLE BACKGROUND Ca4OM NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Thirty-eight? Commissioner Alonso: No, no, no. Ms. Hirai: Thirty-nine, Commissioner. (INAUDIBLE BACKGROUND CAPS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Item 38. OK, we are squared away on which it is. Mr. Kay: This was some unforeseen... Mayor Suarez: One of us has the wrong agenda. Mr. Kay: ...unforeseen repairs that had to be made. Commissioner Plummer: I think they sent me the wrong one intentionally. Mr. Cesar Odio (City Manager): You have a draft one. Mayor Suarez: OK, Jim. Does anyone wish to be heard? Commissioners, does anyone want to discuss this item, or are you ready to vote on it? Commissioner Plummer: On which one? Mayor Suarez: Thirty-eight. Authorizing... Commissioner Alonso: Thirty-eight. Mayor Suarez: ...the increase of $8,130... Commissioner Plummer: Yes. Mayor Suarez: ...in the contract between the City of Miami and the Shoreline Foundation, Inc., et cetera. Bridge repairs, the Robert King High Park. I can't imagine a more technical item than that. OK. Commissioner Alonso is nodding. That sound like a motion. And Commissioner... Commissioner Plummer: I made the motion, sir. Mayor Suarez: Oh, thank you. Commissioner Alonso: And I second it. Mayor Suarez: Seconded. Call the roll. Commissioner Plummer: Where were you? 174 October 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-663 A RESOLUTION AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $8,130, IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND SHORELINE FOUNDATION, INC., DATED DECEMBER 16, 1992, FROM $30,638.00 TO $38,769.00, FOR ROBERT KING HIGH PARK - BRIDGE REPAIRS, B-2950, CAPITAL IMPROVE4EIM ORDINANCE NO. 331315, WITH SAID FUNDS TO BE PROVIDED FROM ITIF CAPITAL IMPROVEMENTS ORDINANCE NO. 10938 FROM FUNDS PREVIOUSLY APPROPRIATED TO THE PROTECT; FURTHER, RATIr z ING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre ------------------------------------------------------------------------------ 46.(A) DISCUSSION CONCERNING PRESENT RELATIONSHIP AMONGST THE FRATERNAL ORDER OF POLICE (FOP), THE POLICE DEPARriM 4T, THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) AND THE FIRE DEPARTMENT IN AN ATTEMPT 'TO EXPLORE EXISTING DIFFERENCES AMONGST SAID GROUPS. (B)REAFFIRM CITY COMMISSION'S COMMITMENT TO THE CONSENT DECREE -- SCHEDULE FURTHER DISCUSSION FOR COMMISSION MEETING OF OCTOBER 21ST. Mayor Suarez: Item 39, public hearing. Who is from the general public organizations, otherwise Reverend Fauntroy, or anyone that is here to be heard on this item 39? I don't know why I am suggesting you. I just recognized you, and I know of your past involvements with these items. Commissioner Plummer: Well, he spoke at the last hearing. Mr. Charles Wellons: Good afternoon, sir, and dais. My name is Charles Wellons, I am president of the Miami Community Police Benevolent Association. We are here, and I am here to speak on behalf of the community who is quite 175 October 14, 1993 concerned and quite outraged at the acts of late - wherein the Consent Decree is deemed to be under tremendous attack. I am looking at documents generated by the City of Miami, and what I am seeing is that blacks are dramatically under -represented within all faces of employment but especially in the Fire Department. I am looking at documents here that say that women comprise no more than ten percent of the work force. And that, to me, is an appalling figure, when you have women comprising 50 percent of this population. Women are heads of households in this community. They have children, they have responsibilities, and then, we're being told that the Consent Decree should be abolished, because it has met the goals. We see .here where blacks comprise about 30 percent of the population, but in the Fire Department, they only comprise 15 percent, or 13 percent of the actual firefighters. Now, conversely, Anglos are about 12 to 18 percent, and they have 50 percent of the positions. When you look at the upper management, blacks are even in less representation. But, yet, we are hearing that the Consent Decree should be made null and void, or altered in some way. Commissioner Dawkins: Mr. Mayor, .if I may, Mr. Wellons is speaking to the issue that was discussed at the last meeting. The item on the agenda does not reflect what Mr. Wellons is speaking to. So I think that I have to say that what they said before as what they wanted to discuss is not what the item is. So I just wanted that clear, so that if anyone is watching it on TV, and they see the caption of what the item is, and it doesn't seem to be relative to what he's saying, he's speaking to what they said they were going to talk to the last time they came here. I'm sorry, Mr. Wellons. Mr. Wellons: OK. You know, I'm reading from a document here that's dated May 15, 1993, that comes from the office of Hattie Daniels. It says, "Consent Decree remains in full force," and so forth. "Thus, the City's long-term goal is participation at all levels throughout its work force of blacks, Hispanics, and women, approximating their respective proportions in the City's labor force, as determined by the United States Bureau of Census." If that's the case, then where are our jobs? If that's the case, where are our promotions? If that's the case, then why is there apartheid being practiced in the Fire Department? Why are there blacks, having been expelled from a union that supposedly represents all their interests? And why is the City continuing to operate, and manage, and to go ahead and negotiate with a union that is practicing apartheid? You know, we have a situation here, we have an obligation that is moral and that is legal. And for the City to continue to operate, even in the face of the EEOC's (Equal Employment Opportunity Commission) finding against the Fire Department, and IAFF (International Association of Firefighters), and the City continues to negotiate with these guys to the detriment of the black fireman, to the detriment of the black community is appalling. It is time for somebody to stand up and say, this is not right. Now, you know, we're coming here in the spirit of making positive change. We have kids out there in the street who are very disgruntled, they've lost all hope, they have nothing to cling to, because they see what we see. We see black firemen being expelled from the union. We see blacks being underrepresented in every level. We look at the police shootings, and we see who's being involved in the shootings. We see who the victims are, and who the accused are. That sends a message to the youth. That sends a message to the community. If we're going to be real, and we're going to be honest, we have to get to the facts. And the fact is that "Jim Crowism" is very much alive in the City of Miami, and unless that issue is addressed through 176 October 14, 1993 peaceful means - there are kids out there who don't care one iota about anything else except taking revenge. We want to make sure it doesn't come to that point. We've had Watts in the '70s, we've had the Chicago riots. We've had how many riots here in the City of Miami? And I can recall a riot taking place over in Wynwood, and jobs were promised when nobody got any. It's time. It's time for a change. Mr. Cesar Odio (City Manager): Mr. Mayor, may I just put something on the record, since he offered some numbers from a report? I may as well put all the numbers on. In 1977, 48 percent of the City's work force were blacks, Hispanics and women, compared to 87 percent of the population. In 1993, 83 percent of the work force are minority; that is black and Hispanics, and women. Mr. Wellons: While, that might be true on one level. Blacks don't have any positions... Mr. Odio: Wait, wait. I didn't interrupt you, sir, when you talked. Mr. Wellons: I think I was speaking, and you did interrupt me. Mr. Odio: I didn't interrupt you when you talked. Commissioner Dawkins: Yeah, but he got permission to speak. Just wait till he finishes. Mr. Odio: I want to put it one more time on the record that we are not - we have a position paper prepared here, and I want Hattie Daniels, in her own voice, as she helped prepare this, to put on the record what we intend to do with the Consent Decree. Would you do that, please? Mayor Suarez: Well, why don't we do this - yeah, the Consent Decree may or may not be an issue. I'm not sure that that's where you're headed. You touched upon a bunch of different ones, and in deference to you, maybe you want to finish your presentation, and then we hear from staff and the Commission. Mr. Wellons: OK. Sir, what we're basically saying is this. We demand jobs, we demand justice, we demand respect. We are all taxpaying citizens, we're all law-abiding citizens, but we're not getting a fair shake. Now, you talk about numbers. Well, numbers can be used any way you want, to show anything that you want to show. But numbers also show that in 1974, blacks only had about - well, let's put it this way. In 1970 - 1991, the employment of blacks in the Miami Police Department has risen about two hundred and some percent, while conversely, Hispanics have gone up over 732 percent. You're counting minority, Spanish as minorities, and I got no problem with that, but the problem is, they're using Hispanics to deny jobs to blacks. Now, we got a problem with that. We want everybody to have a fair shake, but we don't want to have a fair shake at our expense. We are - we compromise more of the population than Anglos, but we have fewer of the jobs in upper management, and at the entry level. That has to be addressed. We're asking - we're not asking - we're demanding a fair shake. We're demanding jobs, we're demanding justice, we're demanding respect, and we hope that the people on this dais will take this as an honest attempt to stop something before it starts. We 177 October 14, 1993 got kids out there that are waiting for an opportunity to create some problems, and we want to take that opportunity away by saying, "Hey, we got jobs, come over here, let's give you some jobs, let's give you some future, let's give you hope." But to allow the apartheid to continue that is being practiced in the Fire Department is not going to get it. To allow us to be having the problems that we're having in the City of Miami, in terms of upward mobility, and having to deal with that glass ceiling that seems to come sooner for blacks and finales than for anybody else, is not, going to get it. We want peace, but we also want respect, and we're not going to go away without it. Now, let's get real. Let's deal with the issues, and let's give us the same respect, the same opportunities everyone else in the City takes for granted. That's all we have to say. Thank you. Mayor Suarez: Thank you. Dr. Daniels, on the issue of the Consent Decree, what is the - any developments that are notable enough to even be of concern to this Commission, Mr. Manager? Mr. Odio: Excuse me. Another number - and he just said that we hired Hispanics to the detriment of blacks. The Hispanics and women are underrepresented in the work force. The black community has a 21 percent population, and you have a 32 percent work force in the City work force, where it should be 21. We have a 32 percent black/Hispanic... (NOES FROM AUDIENCE) Mr. Odio: Wait, just a minute. (NOES FROM AUDIENCE) Mr. Odio: Well, you know, you can say no all you want. Mayor Suarez: Please, please. Mr. Odio: Now, of the top executives of the City of Miami., there are six Assistant City Managers; three happen to be black. OK? And there's only one Cuban. So let's make it clear that... } Mayor Suarez: Please, please, please. ( INAUDIBLE COMMENT) Mayor Suarez: No, these are the people elected, ma'am. You can elect whomever you want under the political system. Doctor... ( INAUDIBLE Caffv P) Mayor Suarez: Please. In - on the issue of the percentages that the Manager was getting into - and I really just wanted to clarify the status of the Consent Decree, because that is one of the points that was made - but on the issue, as long as we got into the percentages, there is a figure that is used to compare our participation in the various departments, which, in the case of the African -American community, seems to be a very low figure, which is, has marry are in the work force of the Greater Miami area, or the Miami area, as opposed to the population. But if you already have an unemployment situation, 178 October 14, 1993 generally, outside of the City employment, then you're being compared to a figure that is already putting you at a disfavorable situation. Is that because the law requires that, or why is that? Dr. Hattie Daniels: Basically, Mr. Suarez, the Consent Decree basically asks that we try to achieve a work force which mirrors the labor market within the City of Miami. Mayor Suarez: And the labor market is defined as whatever percentage is working in the community? What if it's a high - an incredibly high unemployment rate? Dr. Daniels: Well, usually, you use only the figures that show the working individuals over 16 years of age. And for the City of Miami, for the 1990 census, the labor market is 29 percent black males and females. For Hispanics... Mayor Suarez: Wait a minute. OK. Not 21, then? Dr. Daniels: No - well, 21 was the figure for 1980. If we're using the 1990 census... Mayor Suarez: Oh, OK. So there is a major change in 1980 to 1990, in ten - in the... Dr. Daniels: Yes, there is an increase. For Hispanics, it's 62 percent, and for whites in the City of Miami, roughly ten percent. Mayor Suarez: All right. Dr. Daniels: If we are to compare where we are overall, Citywide, then blacks, even when the Consent Decree started, represented 30 percent of the work force. The problem was not in numbers, but the problem was in the - where blacks were located within the job categories, which typically was in the paraprofessional, the clerical, the service and maintenance areas and skilled craft. On the other hand, Hispanics and women were underrepresented, in terms of number and position. Women make up 46 percent of the labor market within the City of Miami, and currently, they represent around 28 percent of those that we employ. And that is so because of the job categories in which they're underrepresented, which are traditionally male. That would include technical, protective service, fire and police, skilled craft, and service maintenance. So our job over the last couple of years, has been trying to increase their numbers, and improve their positions in those areas. Blacks still are under -represented in the protective service, both fire and police; and Hispanics, generally, in a few of the other technical areas, and also in terms of protective service. Now, if we look at where people are placed in those job categories, what - I think we're not inconsistent in what we're saying. What we know is that all of the groups are still underrepresented in some job categories; women, in the ones that I have named for you, if we were to look at the ranks. For example, while minorities make up 72 percent of the police personnel, blacks are 24 percent, compared to a work force of 29 percent; Hispanics are 48 percent, compared to their representation of 62; and women, of course, represent 16, but they are 46 percent of the work force. And the goals were to close those gaps. Now, as we look at the different 179 October 14, 1993 levels, at the sergeant's level, blacks represent 17 percent - that would be males and females; Hispanics, 29 percent of the sergeants; and women, only ten percent. That's... Commissioner Dawkins: Hold it, hold it, hold it. You said with the blacks, the blacks and the females were counted together. Dr. Daniels: Yes. Commissioner Dawkins: Now you come back and say women alone. How are we doing that, Dr. Daniels? Dr. Daniels: OK. We're not counting twice. What I've just given you - I did count it twice. If you look at black men and women together... Commissioner Dawkins: Well, no, no. Well, don't count it twice. Go back and count each one once. Dr. Daniels: OK. I could take - certainly, I can take the women out. Commissioner Dawkins: OK. Please do. Dr. Daniels: All right. At the sergeant's level, then, we would have 18 black males and five women. For Hispanics, there would be 39 men and no women. Commissioner Dawkins: And no women? Commissioner Plummer: When you say that there were - give it to me again - in the sergeant, there was how many black males? Dr. Daniels: Eighteen. Commissioner Plummer: All right. And when you said women, is that black women or just women? Dr. Daniels: Black women, five. Black women, five. Commissioner Plummer: OK. Black women, five. Dr. Daniels: Yes. Yes. Commissioner Plummer: OK. So in other words, there's a total of 23 blacks in the sergeant position. Dr. Daniels: Correct. Commissioner Plummer: Thank you. Dr. Daniels: Hispanics, all men, 39; there would be another eight females that would be white; and 66 sergeants would be Anglo males, of 136. Commissioner Dawkins: There's no Anglo - and no Anglo female sergeants? 180 October 14, 1993 Dr. Daniels: Eight, that I said. Commissioner Dawkins: And how many Hispanic female sergeants? Dr. Daniels: None. Commissioner Alonso: None. Commissioner Dawkins: OK. Thank you. Dr. Daniels: As we go up the ranks, of course, there's still greater difficulty in terms of getting minorities and women; both Hispanics, blacks and women. At the lieutenant level, there would be 41 lieutenants; 16 of them Anglo males; three would be Anglo females; six black males; 15 Hispanic males; and one Hispanic female, of 41. Captain, there are only six. Four are Anglo males; one an Anglo female; and one a black male. No Hispanics. So I think, clearly, you would agree that there is still... Commissioner Plummer: Oh, no, excuse me. I think to be fair, go all the way UP. Dr. Daniels: As far as the chief's staff... Commissioner Plummer: No. Majors, I think, is the next step. Dr. Daniels: I'm sorry. At Major, there would be four Anglo males, two black males, two black females... Commissioner Plummier: Wait, wait, wait. Slow down. Two - four Anglo males, two black males? Dr. Daniels: Yes. Commissioner Plummer: OK. Dr. Daniels: Two black females. Commissioner Plummer: OK. Dr. Daniels: Four Hispanic males. A total of 12. Commissioner Plummier: And no Hispanic females. Dr. Daniels: No. Commissioner Plummer: OK. Next is Assistant Chief? Dr. Daniels: Assistant Chief. One Anglo male, one black male, and one Hispanic male, no women. Commissioner Plummier: And, of course, we know the Chief. Dr. Daniels: And the Chief, a black male, yes. There's still - there's still disparity within the ranks, and of course, when we go to the Fire Department... 181 October 14, 1993 (INAUDIBLE CagENrS) Mayor Suarez: Please, please. Commissioner Alonso: So are you saying, then, and proving with the numbers, that the force is dominated by Anglos? Dr. Daniels: Well, no. I would... Commissioner Alonso: And females are doing the worst. Dr. Daniels: I would say that in number, Anglo males have declined in the department to about 28 percent. The minorities, blacks, Hispanics, women, would represent 72 percent, in number. But then, there is a disparity as you move up the ranks. Commissioner Plummer: Well, I would also assume that the Anglos that you're speaking of are older, senior members of the force, whether it be police or fire. I'm talking about - when did the Consent Decree cane about, what year? Dr. Daniels: '77. Commissioner Plummer: OK. I would assume that most of the Anglo males were in the position or in the departments prior to '75. Dr. Daniels: But probably what we have left, after the early retirement, I think we probably have a relatively young group that are still staying there, but their dominance, of course, is caused by the fact that they held those positions... Commissioner Plummer: ... prior to, yes. Dr. Daniels: Yes, prior to. And as attrition occurs, we're filling positions. Commissioner Plummer: Yeah, yeah. I mean, I don't know how you do anything else for a man that has been there for 20 years, and he has a status that he has attained through seniority. You can't just say to the gentleman, good- bye. I mean, that, you can't do. As you cane through the ranks from that point forward, is where I think this is the discussion that we're talking about today. Dr. Daniels: Yes. No, that - I think the point is whether or not we still need the Consent Decree to achieve the goals that were set. They have not not been met. Commissioner Plummer: Well, I think one of the things you ought to put on the record - and it goes in twofold - because I sat here in the days when the Consent Decree was supposed to be - 56 percent was the goal? Dr. Daniels: Yes, for hires, for fire and police. 182 October 14, 1993 Commissioner Plummer: Fifty-six percent, and this Commission set a goal of 80, and we have attained that goal, and even to the point - was it a year or two years ago - when the Justice Department came... Mayor Suarez: When you say you have attained the goal, always clarify that you mean in hires. Commissioner Plummer: Yes, sir. Yes, sir. Mayor Suarez: And maybe even the total work force, but not necessarily in the higher ranks. Commissioner Plummer: And that, in fac , was it two years ago when the Justice Department came down and asked us to remove the Consent Decree? Dr. Daniels: It's been a little more than that, but, yes. Commissioner Plummer: And this Commission refused to do such. Dr. Daniels: Yes. Commissioner Plummer: OK. That should be on the record. It's important. Dr. Daniels: OK. The statement that the Manager_ and Commissioner Plummer want on the record is the fact that the Justice Department petitioned the City to dissolve the Consent Decree during the Reagan Administration, and that the City, basically, opposed that move and continued. Commissioner Alonso: Of course, with these numbers... Commissioner Plummer: No, we not only opposed it, we deniers the request. Commissioner Alonso: ...as we have indicated to maintain it. Dr. Daniels: Well, the current position on the Consent Decree is certainly that we have not met the long-term goals; that there is still underrepresentation, and underutilization for Hispanics, blacks and women. As I continue with the Fire Department, which I think is the focus of this, it's evident by reviewing an attachment that I have to this report, that Anglo males are still the majority at every rank. They comprise 46 percent of the uniformed personnel in the Fire Department. They are 41 percent of firefighters; 51 percent of the lieutenants; they hold 69 percent of the captains positions; and 71 percent of the Chief Fire Officer positions. So at every rank, Anglo males still dominate those ranks. Of 188 officers, lieutenant, captain, Chief Fire Officer, minorities comprise 48 percent. Therefore, Anglo males would be 52 percent. Blacks are 12 percent of the officers; Hispanics, 28 percent; and women, two percent. I would just conclude by saying, you know, basically, from the numbers, and what I've said to you is the goal of the Consent Decree, we would believe that the Consent Decree is a valid and binding contract. We would argue that the Consent Decree cannot be unilaterally modified, and that it should not be modified or abolished; certainly, not at this time, when the goals have not been met. And whether we use the percentage of minorities within the department, or the population and labor market as a whole, those goals have not been met, and we still need to continue. 183 October 14, 1993 Mayor Suarez: Very good. Commissioner Dawkins. (APPLAUSE) Can issioner Dawkins: Dr. Daniels, Dr. Daniels - I hope you have it handy - in 1980, how many black males were on the Police Department? Dr. Daniels: OK. Commissioner, I don't believe I have that in that format. I do not have it. Commissioner Plummer: Approximately 60. Dr. Daniels: But from my remembering... Camussioner Dawkins: OK. All right. Dr. Daniels: I don't have he numbers, but the percentages have not changed dramatically. Commiissioner Dawkins: No, ma'am, I need numbers. I need numbers. Dr. Daniels: I can get those numbers for you, but I do not have them right here. Commissioner Dawkins: OK. Please provide my office with... Commissioner Plummer: Sixty-eight, I think it was 68. Commissioner Dawkins: ... the number of blacks we had on the Police Department in 1980... Commissioner Plummer: And the more we tried to get them on, the numbers dropped. Commissioner Dawkins: ... and how many it increased by 1985; how many it increased - that number increased by 1990; and how many that number increased by 1993. And please do that for women, blacks, Hispanics, and Anglos. OK? In the Fire Department, I'd like the same information, and if you would prepare that in a memo form, and give it to each of the Commissioners, I'd appreciate it. Is that all right with you, Mr. Manager? And the Manager says fine. Thank you. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Mayor Suarez: Yes, Mr. City Attorney. Mr. Jones: If I might, one further thing I need to make you aware of, as you know, there's been a lot of, I guess, controversy, or a feeding frenzy, so to speak, relative to the latest order of the United States Court of Appeals, which involved an appeal taken by the firefighters, relative to the whole issue of promotions. I want to make it abundantly clear, because it's been reported erroneously that somehow, this court decision abdicated or did away with the Consent ecree, and, of course, you should understand and be aware 184 October 14, 1993 that it only dealt with one particular issue, and that happened to have been promotions within the Fire Department. More importantly, I need a decision from you, whether you want to take an appeal, and let me just go into it briefly, because I think it will assist you in making that decision. What the - this particular court - a panel of this particular court, in reviewing the appeal, essentially said, was that, City, you really need to take a serious look at dissolving your Consent Decree. It's been in existence for 1977, in essence, it's improper for - at least in this panel's view - it's improper for a federal court to continue to exercise jurisdiction. There comes a point in time where you have to get off the dime, so to speak. In doing so, in rendering this decision, you should note that this appellate panel found no error in Judge Kehoe's decision, wherein he decided not to modify or terminate the Consent Decree. What the court - the appellate court - was concerned with was, particularly, the fact that there was no evidence presented, one way or the other, in its view, as to whether the Consent Decree should be modified or terminated. What it did was order that the case be remanded back to the district court for Judge Kehoe, or whomever will be hearing this case, to make that just determination, in light of recent rulings by the Supreme Court, in cases dealing with prison reform Consent Decrees, and employment discrimination Consent Decrees. And, of course, the court went further and said that, of course, if the court should determine, and when it does determine whether termination is appropriate, it should consider whether the Consent Decree would still be necessary, in order to prevent discrimination in the future, or whether, in fact, it would be necessary to maintain the Consent Decree to remedy the effects of past discrimination. The court went one step further, in light of recent Supreme Court decisions, which imposed the burden of showing that there has been a significant change that warrants modification or termination. I can sincerely tell you, after reviewing the decision, this certainly does not change anything, and certainly, when the case is remanded, at such time that a hearing is had by the federal district court judge, certainly, what evidence that bears out to substantiate or insubstantiate the testimony or the presentation that's been given here, will certainly come out. I doubt very seriously that appealing, or what I'd say, wouldn't really be an appeal - it would be a rehearing "en banc", which would be a hearing - a rehearing of the appeal that was taken by the entire Eleventh Circuit. Rehearings en bane are very rarely granted, and I can surely tell you that this is not the case where the Eleventh Circuit would grant a full panel, or should I say a full court to hear this particular issue. So I guess what I'm trying to say to you is that nothing has been lost, nothing has really been gained by the decision that this panel has rendered, and, of course, if such time Judge Kehoe or whomever the Judge is that's been assigned to this case - because he is now on senior status, makes a - or makes proper findings that, one, the decree should be terminated or modified, then, of course, we'd have to look at it at that point in time. But at this point in time, based on what we have... Mayor Suarez: We can stay in a holding pattern. Mr. Jones: We stay in a holding pattern. One further thing you should note - and there are some disturbing - I can't say that I necessarily agree, because I was, as you know, I've been litigating and party to this lawsuit on behalf of the City since 1983 - there are some disturbing comments made by this particular panel, or should I say noted by the panel, particularly the fact that the court made note of the fact that because of change in demographics, 185 October 14, 1993 shifting demographic patterns, that we may not ever attain a lot of the goals that the decree was designed to attain. For instance, the example they specifically gave, which, of course, was a concern of the IAFF happened to deal with attaining the goal of making sure that women approximate their representation in terms of their availability in the work force. Certainly, those are issues - that particular issue and others, will have to be dealt with when the case is remanded for hearing. But certainly, I feel 99.9 percent assured that nothing would be achieved by asking for a rehearing en banc . Mayor Suarez: All right. Commissioner Plummer: Let me ask a question, if I may. Mr. City Attorney, let's assume, from what I understand what you're saying - if I understand in the legalese - that basically, your concern is that the court will be ruling that the Consent Decree be dropped, dismissed, eliminated; is that correct? Mr. Jones: That would be - that was the direction of the appellate court... Mayor Suarez: All right. Mr. Jones: ... that if evidence is submitted that warrants it. Commissioner Plummer: If that were to become a reality... Mr. Jones: Yes, sir. Commissioner Plummer: ... does that in any way... from this Commission setting a policy that we feel is appropriate for this community? Mr. Jones: Absolutely not, because you have to keep in mind, Commissioner, at that point, it would be right for appellate review, because the issues would have been fully formulated, and a record made for review. Just one other thing, if I may address very briefly. There was some mention made of the fact about the - I guess the City's conduct, so to speak, in terms of sanctioning what - particularly with the IAFF - that the union has done whatever else. I know that the City has made great strides in attempting to rectify what we all know have been known to be problems within the Fire Department. I've cautioned you before to tell you that, of course, the Professional Black Firefighters Association filed suit against the City, alleging, somehow, complicity by the City, in maintaining discriminatory practices, whatever the case may be. I have told you, as I've indicated to them, that their beef is not with the City. Their beef is with their union. I've consistently indicated that to them, and, of course, as you know, and I've indicated to you, is that the EEOC, the Justice Department has brought a suit on their behalf, under the theory of breach of fair representation. And, of course, you know, as a City, as the City Administration can only deal with the recognized bargaining agent, which is the International Association of Firefighters, which is set by the State, certified by the State. So you cannot bargain with them as individual employees, or a group of employees, whatever. Their matters, their concerns will have to be addressed as the United States has seen fit, to bring suit on their behalf, because, obviously, they see some wrongs that need to be corrected. 186 October 14, 1993 Mayor Suarez: All right. Commissioner Dawkins. Commissioner Dawkins: Mr. Jones, is it legal for the City of Miami - piggybacking on what Commissioner. Plummer said - that the City of Miami elected officials can legislate - is it legal to legislate - I mean, I'm sorry - to pass a resolution that would become law, and this Commission would have to legislate it, that since Miami is a poverty City, and since Miami has a high incidence of unemployment, that we put on the ballot that every fireman who works in the City of Miami must live in the City of Miami? And if that were put on the ballot and it passed, would that be legal? Mr. Jones: Sir, as I understand it, that is a - totally a matter within the purview of collective bargaining. Commissioner Dawkins: No, wait, no. Well, a resolution passed by the citizens... Mr. Jones: A resolution, Commissioner... Commissioner Dawkins: Wait a minute now, wait. I want to be sure I understand you and you understand me. A resolution put to the voters of the City of Miami, who are taxpayers in the City of Miami, who pay taxes, OK? And 1 they say to themselves that, you know, these people who are working do not contribute to the tax base of the City of Miami, yet you take my taxes and you 1 pay their salary, and they contribute nothing back, and you put that before j the voters, and the voters say, "Yes, we agree," is that legal? t Mr. Jones: I think you would have a problem, sir, because you would be crossing the line of what's been reserved, in terms of bargaining. That's a matter solely between the... Commissioner Dawkins: OK. Fine, fine. Let me take another step. Would it be illegal for me, as a citizen of the City Miami, to say, "I'm going to pay my taxes, and don't you take one penny of it for the Fire Department"? Is that illegal? Mr. Jones: I'm sorry, Commissioner? Commissioner Dawkins: Would it be illegal, if me, start a petition that says, "We who live in the City of Miami are going to pay our taxes" - and Mr. Manager, how much of the general, of the fund is paid - goes into the Fire Department? Mr. Odio: Well, the approximate $94,000,000, or something like that, it's 40... Commissioner Dawkins: OK. $94,000,000... Mr. Odio: No. It's - $41,000,000 goes to the Fire Department. Commissioner Plummer: Yeah. Ninety in the... Commissioner Dawkins: $41,000,000. OK. So would it be illegal to pass legislation which says that, just like Coconut Grove wants to secede from the 187 October 14, 1993 City of Miami, and I say, OK, I am going to pass a resolution which says that only those individuals who live in the City of Miami can be paid out of my taxes, that you have earmarked for the City of Miami, is that illegal? Mr. Jones: Well, yeah, I would say so. Certainly, you can express an intent as to where you want your tax dollars spent, but, certainly, only the Administration can control, as you, its final olicymaker, as to where those dollars are going to be spent. Commissioner Dawkins: All right.. So, now, but if I set up an escrow account and pay my taxes to the escrow account, and tell the escrow account, let the City Manager draw out this escrow account what he needs for police, let him draw out what he needs for everything else, but don't withdraw any of my money. I mean - and I'm not saying "me." I'm talking about the citizens. I can't do that. OK? Is that legal? Mr. Jones: You know, Commissioner, I don't know whether it's so much a matter of legality. I don't really know how that would work. I mean, that's... Commissioner Dawkins: OK. All right. Well, all I'm saying to all of us is, somewhere along the lines, the message that the Manager and this Commission has been trying to tell all of them is, you've got to live in the City of Miami. All right? Now, I cannot, and I would never force anybody who has been on the Police Department or the Fire Department for ten, 15, or 20 years to pull up stake and move into the City of Miami. That's cost prohibitive, because most guys in that area have a house that's paid for, or they have a mortgage that's so low, or they have a mortgage rate that's low. But it's nothing out here - and I'm going to tell all of you - that if, from this day on, everybody who is hired in the Miami Police Department and the Fire Department, they must live in the City of Miami. Now, Mr. City Attorney, you and your staff better find out how to do that. OK? Now, you all find - if you all can't - you all find out how we can do this. If you can't, then it's time for us to pull in some outside counsel to tell us how to do this... Mr. Odio: Mr. Commissioner... Commissioner Dawkins: ... and make sure you write in, because, you see, I want everybody to know we are fair. Mr. Odio: Mr. Commissioner, it's my fault. Maybe I didn't do a good job on this. In the contracts that you - that have been approved last month, they have to live in the City of Miami when they are hired. But they... Commissioner Dawkins: Wait now. Mr. Odio: Wait... (Unintelligible) The day that they are hired, they have to be living in the City of Miami. Commissioner Dawkins: But it's also a catch clause in the firemen's contract - not in the police contract. (IMMIME COMN�PPP) Commissioner Dawkins: Yeah, in the firemen's contract, which says... 188 October 14, 1993 ') Mr. Odio: Yeah. Commissioner Dawkins: ... if you leave the City of Miami's Fire Department on good terms, you can be rehired by the recommendation of the Chief. Mr. Odio: But they have to move into the City of Miami. The residency will apply. Commissioner Dawkins: OK. Well, see, but when I argued, you did not take the clause out. Mr. Odio: No, sir. It is clear... Commissioner Dawkins: See, so when you don't take a clause out - see I - no, wait. I've been a member of a union since 1944. Mr. Odio: We have a signed agreement that clearly states that... Commissioner Dawkins: Mr. Manager, anybody can go to court and say that you have allowed this to happen, and because you don't want me to do it, you're discriminating against me, and they will win the case in court, Mr. Manager. Mr. Odio: All I can say, Commissioner, the majority of the labor force, the Fire Department, the Police Department, approved their budget... their contracts, and so did AFSCME (American, Federal, State, County, and Municipal Employees), based on that the residency requirement is there, and if they are hired, they must move into the City of Miami. Commissioner Dawkins: All right. Let me say this. All right. I got one more thing to say, and I'll be finished. All of you out there, and all of you watching this on TV, the consensus of opinion around here is, we do not have more blacks on the Miami Police Department, and the Miami Fire Department, because there are no qualified blacks. Now, that's - that - now, you guys better get up and f ind out what's the problem, all of you. OK? I don't - it's not mry job. OK? I'm just an elected official. But every time I ask why we don't have more, we cannot find qualified blacks who reside in the City of Miami. Mayor Suarez: All right. Commissioner Plummer: Can I ask a question? Just as a side question, Mr. Manager, is it a true statement that a person who is now hired under the new prevailing conditions has to be a City resident, that once they are hired, they can move out of the City? Mr. Odio: That's not - now, they cannot. Commissioner Plummer: If they move out of the City, they will lose their job? Mr. Odio: They will be terminated. They will be terminated. They will be fired. 189 October 14, 1993 Commissioner Plummer: OK. So if they're hired, they have to live in the City, and they must remain in the City as long as they're in the employment of the City. Mr. Odio: Yes. And we have periodical checks, and if they move, they're gone. Commissioner Plummer: OK. Thank you. I was told that, that wasn't the case. Mayor Suarez: Name, and what capacity you are addressing us. Mr. Odio: We just terminated, just for the... we just terminated one person that was hired, based on the fact that she lived in the City of Miami. We proved otherwise, and she was fired. Mayor Suarez: All right. Ms. Nora Hernandez: My name is Nora Hernandez Hendrix. I'm the Chairperson of the City of Miami Affirmative Action Advisory Board. There are other members of the board here. The board carries out those functions conferred upon it by this Commission, and we would like to go on record as being in support of the Consent Decree. We would be opposed to any efforts to modify it, or abolish it in any way, shape or form. It is our role to monthly review the statistics within the City departments. We are convinced that we have a very long way to go. Ladies and gentlemen, the history of civil rights in I! America tells us that as long as we rely on the goodwill of individuals, I things don't happen. (APPLAUSE) Ms. Hernandez: It is a sad statement of fact, but it nevertheless is the truth, that only when the courts have stepped in, including the National Guard, and a few courageous efforts of some small, bold people, have things happened. This Commission has stood boldly. We support you, we applaud you. This Administration has stood boldly. We want that to continue. Our efforts in the past few years have not only been to look at those people being hired, but what happens to them once they come into the City of Miami departments? We know that they have been stagnated at the lower_ ranks. We know that we need to accelerate minorities and women throughout the ranks. We have a lot of work that needs to be done still, and we ask you not to take a naive position that would say, "Well, even if the Consent Decree is abolished, we would take a position to hold true to our goals." That won't work. We already see movement within the Fire Department that tells us that they are already posturing themselves, sending a message to their employees that says, "We have won some sort of victory, and we can go back to the old business as usual." This is a dangerous position to take. Thank you. (APPLAUSE) Mayor Suarez: All right. Anything further? Anything further from anyone else or the Commission? Yes, Mr. Cotera. Mr. Al Cotera: Yeah. Al Cotera, President, Fraternal Order of Police. I just want to make something very clear. The item itself, item 39, apparently 190 October 14, 1993 gives the perception that there is some infighting or indifferences within the FOP. I cannot speak for the Fire Department, I can only speak for police officers and my particular organization. Of a total of 914 members, I have 236 Anglos, 192 blacks, and 456 Hispanics. In 1991, since I took office, to the present day, we have assisted legally, through economic funds, two Anglos, 12 Hispanics and eight blacks. The case of one black female alone cost over $35,000 to defend. We have spent over $1.00,000 on the defense of the officers involved in the Mercado case, three of which are black. There are, what I consider, fair representations, as far as the committees that are appointed. As with this Commission, my executive board is elected. At the current time, there is one black male who ran for office and won. I just don't want anyone in here to leave with the perception that there is a lot of infighting going on between us, As a matter of fact, we are currently involved in a lawsuit against the City for bypassing a black male. So I don't think that we are in the same type of situation as maybe other departments. I would hope not. Again, I just don't want anyone thinking that we're having the same situation as in other places. Thank you. Mayor Suarez: All right. Sir? Mr. William Ward: My name is William Ward. I'm President of the Professional Black Firefighters Association, and I think we should still keep the Consent Decree in place. As time has shown, and is still showing at this present date, that we were expelled from Local 587, the union of the firefighters, and according to the National Panel Review, Karen Johnson, Art Titelbaum, Affirmative - Anti -Defamation League, it also states that we are being discriminated within the Fire Department. Also, we also have a lawsuit in, the Boykin suit, and the EEOC also has a suit in against Local 587, which perpetuates this discrimination at all ranks, including chief fire officer, and captains. We don't have the numbers that state that we should have, according to the Consent Decree, and I think you should keep it in place. (APPLAUSE) Commissioner Dawkins: Mr. City Attorney. Mr. Jones: Yes, sir. Commissioner Dawkins: There was a case where a firefighter was, for the lack of a better word, embarrassed in the Fire Department, and then the individual went to court. What was the result of the case in court? Mr. Jones: One point three million dollars. Commissioner Dawkins: The gentleman was awarded one point three million dollars. How long ago was that, Mr. Williams? Mr. Jones: Yeah, that must have been about three, four months ago. Commissioner Dawkins: Sir? How long? Mr. Jones: Six months ago. Commissioner Dawkins: All right. He was awarded one point three million, six months ago. Why doesn't he have his money? 191 October 14, 1993 l Mr. Jones: He doesn't have his money because we took an appeal in the case, which I was instructed to do by this Commission. Commissioner Dawkins: OK. On what grounds did we appeal? Mr. Jones: Well, there's several grounds, Commissioner. Commissioner Dawkins: OK. Give then to me, please, sir. Mr. Jones: Well, I can't... Commissioner Dawkins: If it does not prejudice your case. Mr. Jones: Well, it necessarily will, because the briefs haven't been done yet, and again, I was instructed by this Commission to take an appeal upon having... Commissioner Dawkins: OK. But it is a known fact - a known fact - that the firemen took their sexual parts and rubbed it across this gentleman's face and head. That's a known fact. Right? Sir? I mean, according to the evidence presented in the court, and the feelings of the court. Is that correct? Mr. Jones: According to testimony presented, that's correct. Commissioner Dawkins: OK. And yet, with this firsthand information, we - this Commission ordered you to appeal. Mr. Jones: Commissioner, it's not as simplistic as you want to make it sound. OK? Commissioner Dawkins: Well, please make it more legalistic for me, since I have it too simplistic. Mr. Jones: Ha -ha-ha. Commissioner, the whole basis of the lawsuit was that there was somehow a violation of this individual's civil rights; that we had somehow condoned a policy and practice in discriminating against this individual, because of our awareness of this practice that was going on. It was isolated testimony on this one instance, and all I can tell you is that we believed, when I reviewed this matter with you, is that there were some problems with the way the jury was instructed. There was some testimony relative to incidents that we believed, an amount to a policy of practice under 1983; and furthermore, we felt that the award was a bit too much, out of range. Commissioner Dawkins: OK. So you're not appealing on the case - I mean, on the - you're not appealing the case on its merits, you're appealing the case on the amount of money awarded. Mr. Jones: No. We are appealing on the merits of the case. Commissioner Dawkins: OK. All right. So you're just trying to reduce the amount? 192 October 14, 1993 Mr. Jones: We're appealing on the merits of the case, and actually, on the damages, as well. Ccmnissioner Dawkins: OK. Are you aware, sir, that three men were fighting discrimination in the Police Department - in the Fire Dement, going through the same type of harassment that this gentleman went through? One of them got disgusted and quit; another gentleman - what's his name? - Fuste was transferred, because some guy came up to him and called him some .funny name, and he punched him out. He was transferred. The only one that got the guts, and he's still staying there fighting, is McRay. And yet, McRay is not being assisted the way you are assisting the City of Miami against this other gentleman. So - Mr. Mayor, I'm going to say this and be finished, because all I do is prolong it. Most of you do not understand institutional racism. Whether it is perceived or real, it's in the black individual's mind. When you see incidents like McRay, and you see incidents like the gentleman who's got the case against us, when you see incidents of, like a black major giving an order and the first time she gives an order similar to the order that everyone else has given and it's not carried out, that's perceived as institutional racism. And also, when you see other people moving up the ladder, and you don't move up the ladder, it's very difficult for us not to be bitter, very difficult. This is the United State of America. All of us are supposed to have an equal shot, and I've been saying it since I've been here, and I'm going to say it the day that the firemen and Charlie Cox cannot get me reelected. OK? This Fire Department practices institutional racism. OK? (APPLAUSE) NOTE FOR THE RECORD: Vice Mayor De Yurre entered the Commission meeting at 4:12 p.m. Mayor Suarez: Did you finish your testimony, Willie? Do you want to say something briefly? We got to get through this and a few other items today. Mr. Gonzalez-Goenaga... Reverend Ronnie Loudd: Reverend... Mayor Suarez: Reverend, you want to? I Reverend Loudd: Reverend Rommie. This man has been up already, hasn't he? j Mayor Suarez: Well, he's up a lot of times in a given day, but... Mr. Manuel Gonzalez-Goenaga: I yield to the Reverend. Reverend Loudd: I got to go. I've been waiting here a long time. Mayor Suarez: ... on this issue, I don't believe on this issue, but it doesn't matter. It doesn't matter. It doesn't matter. Reverend Loudd: Oh, OK. You go ahead. 193 October 14, 1993 Mr. Gonzalez-Goenaga: No, I yield to you, sir. Reverend Loudd: Go ahead. I can wait. Mr. Gonzalez-Goenaga: No, no, you go ahead. I might learn from you. Mayor Suarez: Wait, wait. You don't decide the order, Mr. Gonzalez - please, please, please. All right, Reverend. Reverend Loudd: Reverend Reamie Loudd, president of PULSE (People United to Lead the Struggle for Equality). I came to talk about the recruitment, Civil Action 753096 CIV-JE, of your Consent Decree. You know, the important aspect, if you're going to abide by the law, then we must do it aggressively, and the City shall continue to develop and reassess its present affirmative recruitment program designed to inform blacks. That's what I'm here to represent. I think that calling on schools and colleges are fine, but you want to be able to go into the black churches and talk with the pastors. They'd be delighted to help you to recruit people. You want to go into barbershops, you want to go to where supermarkets, where blacks shop, and put up notices that you have job openings, and I think by doing this that we will create an atmosphere where we feel like that we are welcome to come and apply for the positions. OK? The other thing is, is that I don't think black males and black females or Latin males and Latin females should be lumped together in the percentage breakdown of the employment record. OK? When I... ( INAUDIBLE COMVIENr) Reverend Loudd: OK. (APPLAUSE) Reverend Loudd: When I became President of PULSE, I set two goals. One is to create an atmosphere where we became part of the corporate community; and two, to assist black males in gaining respect, so that they can dignify themselves, return to their families, and support their wives and children. I'm calling on you consciously today to help me to fulfill those goals. I'm not interested in a lot of politics. It's time for Miami now to become a cosmopolitan city and consciously add a holistic attitude to everything we do. May God bless you. (APPLAUSE) Mayor Suarez: Thank you, Reverend. Mr. Gonzalez-Goenaga. Mr. Gonzalez-Goenaga: After the eloquence of the minister, which I fully agree with him, I'm going to speak on behalf of Citizens United Against Police Brutality. I can only talk of the things that I have been through and I have knowledge, and unfortunately, we are before politicians. And if we cannot trust, sometimes, the citizens, hcw can we trust the politicians to decide? Anyway, I am in favor, 100 percent, against - in favor of the Consent Decree, that it remains, because the politicians, they do it for their own particular and personal reasons. You may ask Mr. De Yurre, and the fault, dear Commissioners, like Shakespeare did say once, "lie not in our stars, but in ourselves" - in yourselves. And another thing is that there is a big 194 October 14, 1993 difference between legality and justice. And when I hear Henry VIII speaking about technical, legal terms, I don't pay too much attention to that. What I want is justice for every single community in Miami. And let me tell you something - and I have to act, since I was born in Puerto Rico, the Puerto Rican community, because we are within the Hispanic - a section of the Hispanics. You see, we are not 100 percent with the majority, that for - either you like it or not - are the Cubans. Mr. Plummer is a minority here in Miami now. So let's put the issues where they're supposed to be, and let's forget about this majority/minority. The Hispanic Cubans are majority in Miami, either we like it or not. The minorities are the blacks, Mr. Plummer, and the Puerto Ricans. (APPLAUSE) Mr. Gonzalez-Goenaga: And to end - and to finish my statement... Mayor Suarez: Yes, definitely, definitely to finish, yes. Mr. Gonzalez-Goenaga: My - you see, I heard about some Hispanic sergeants. You can rest assured that Sergeant Ramon Fernandez should not be... Mayor Suarez: Oh, don't get into individual matters, sir. Mr. Gonzalez-Goenaga: ... a member of - as a sergeant. Mayor. Suarez: All right, Mr. Gonzalez. Mr. Gonzalez-Goenaga: And let's stop police brutality, and let's figure out in more sensitivity! Mayor Suarez: You do that in almost every - that's just - that's not... Mr. Gonzalez-Goenaga: It doesn't matter if it's black or white. Let's have sensitivity, because all these firefighters and police - well, I'm not talking about the firefighters - is the human nature. .Don't do to your neighbor what you don't want to be done to yourself. Thank you very much. (APPLAUSE) Mayor Suarez: All right, sir. Very good. Mayor Suarez: The Reverend approves of the biblical quote, I can see. Commissioner Alonso: Yes. Mayor Suarez: Yes, Reverend Fauntroy. Reverend Fauntroy: Pay Fauntroy, SCLC (Southern Christian Leadership Conference), Miami, Dade County. We're here today with love to all who are here in this City to say to you that we support the Consent Decree, to say to you that our City is in trouble, serious trouble, our State is in serious trouble, our nation is in serious trouble. The problem, as we see it, is one of cause and effect, and we consistently hear an attempt to justify an injustice that has been going on far too long. We sit here and we listen to 195 October 14, 1993 the numbers, and we listen to the authorities justify an injustice, after particularly our people, black people in America. Our blood is in this soil, our sweat is in this soil, and our tears are in this soil. We have fought and died for the right to live in this nation under God. We are really concerned. We are concerned that we would have to be here today, that a Fire Department that's supposed to save our lives and fires, discriminate blatantly against us. And we're concerned that a Police Department that is supposed to protect and serve us discriminates blatantly against us; and that our elected officials, who have taken an honorable stand, as far as the Consent Decree goes, simply seem to seek a way to justify the injustices that create the conditions that exist in our community. We have a tremendously high unemployment rate. We have young people who have lost hope, who have no hope in the future because of discrimination, because of race hatred, and because we, quite frankly, have not taken a stand. And what we want to say to you today is that we're here, because we're taking a stand. Enough is enough. We are not going to tolerate any more racism, we are not going to tolerate any more discrimination on the job. We're going to do everything that we possibly can to make it right for all of the people who live here in Dade County, who live in the City of Miami. We came today to let you know that this community is watching today. We came today to let you know that we will support the Police Department, we support the firefighters. We want a Fire Department that represents all of its firefighters. We want a Police Department that represents all of its Police Department - union or not. We want justice and fairness in our agencies. This should be a government of the people, by the people, and for all of the people. Unidentified Speaker: Amen. Mr. Fauntroy: We're here to say to you, that's what we demand; nothing more, and nothing less. Thank you. Mayor Suarez: Thank you, Ray. (APPLAUSE) Mr. Bill Bryson: Bill Bryson, President, Miami Firefighters. I'm going to bring up a few things about the Consent Decree that a lot of people don't know. In fact, most people in this room don't know anything about the Consent Decree. The first thing I'm going to bring up is, the Fire Department has never missed a goal, in 17 years, never missed a goal on the Consent Decree. You don't have to believe it, check it out. It's been reported to the Justice Department every time. Secondly, the groups that are protected under the decree are Latin males, black males, and all females. Those are the three protected groups. That's how you do the numbers, ladies and gentlemen. You can't mix and match them any way you want to. That's what the Federal government says is the way they're to be done. Under that system - I hate to bring it up here - but there has been a systematic favoring of one group, and that is black males, to the cost of Latin males. To the cost of Latin males. I'm not going to just say it here, I'm going to take it to the court when we go back, and I'm going to exploit it, because that's what's happened. If we're under the Decree, we are going to live under the Decree, and that's the way it should be. Miller, you can say what you want about dividing things up. But I was there at Centro Vasco... 196 October 14, 1993 Mayor Suarez: Please, don't, Shorty, don't direct yourself at any particular Commissioner, and if you do, use their title, please. Commissioner Dawkins: Go ahead, go right ahead, Charlie - I mean Sam. Mr. Bryson: I was... Shorty. I was at Centro Vasco when ten Hispanic males showed up to speak about the Consent Decree, and they said, "We're not in favor of a Consent Decree, all we want to do is have an equal shot, .like you said." And you referred to than as pseudo -Latins, and I don't think that's right either. This is one crowd. You play to the crowd, play to all three crowds. Commissioner Dawkins: OK. I call blacks who are oreos pseudo -blacks; I call Latins who are not all Latin pseudo -Latins; and I refer to you as a pseudo - American. But by the same token... (APPLAUSE) Mayor Suarez: Please, please. Commissioner Dawkins: But I must make one thing clear crystal clear, see, because just like he got up here and said that, he'll go someplace else and say something else. (SHOUTING) Commissioner Dawkins: I did not say members of the Miami Fire Department were racist. I did not say that. I said the City of Miami Police Department practices institutional racism. Now, that's what I said. (APPLAUSE) Mayor Suarez: All right. Anything further? The Commission will - probably unnecessarily - once again clarify our position on the Consent Decree. Ms. Weldon - oh, I'm sorry, Ms. Ms. Gloria Rosello: My name is Gloria Rosello, 3007 Northwest 7th Street. I was named to Affirmative Action by Commissioner Alonso. I am not here as an Affirmative Action member, since I resigned, due to the fact that every time we are in a meeting, everything seems to go fine. We advise. We're only there to advise. And then, whatever we advise, it goes to Administration, and Administration do whatever they want. The elected officials that are here in front of me now are the ones that are responsible, because they name us to those boards. But it doesn't come in front of them until something like this happens, which is now. Women are under -represented at all levels. We advise. Why don't you have a class on the Fire Department only of women? They didn't care. They *,cent ahead, they did whatever they wanted. I did resign, because I served at a State board level, and I see how different they work up there. When you belong to a board, they listen to what you have to say. Here in the City, they'll tell you, "Well, we'll advise, and Administration do whatever they want to do." And what about you, elected officials? The ball is in your court. Thank you. (APPLAUSE) i 197 October 14, 1993 Mayor Suarez: Yes, Lori Weldon. Ms. Weldon: 160 Northwest 44th Street. I just want to touch on a few things very quickly. At the last meeting we were at, the question was asked by a Commissioner, "Were there any rights that black firefighters were not receiving, being that they were tossed from the union?" The answer is, they are not involved in the sick pool, which all IAFF members are. So now that you know that a right is being infringed upon, I'd like to ask the Commission, what do you propose to do about it? Secondly, in recruitment. Going out, putting notices up in churches, et cetera, trying to get certain groups in are fine and dandy in the eyes of the public, but what do we do when memos float inter -office, inter -City that says - and this is a memo - to Major Gwendolyn Boyd from Sarah Powell Gordon, Commander of Background Investigation Unit, dated May 20, 1992. "I am taking this opportunity to reiterate the directions I received from Assistant Chief Martinez on May 15, 1992. Effective immediately, I ant not to process any more black females .for the next PSA (Public Service Aide) class. We have three already hired, and there will not be any additional hire for that class. Assistant Chief Martinez expressed concern about the older people that have been hired for the police officer and PSA positions recently. He directed me not to complete processing on these type of applicants in the future. Although you and I have expressed concern about the legality of such action, he was adamant." So stop playing games with us. Advertising is not going to do it. If you are not going to deal with your system inside and take care of this problem, you will not get rid of the problem. I don't care where you advertise or how you advertise, we are not privy to getting into the class and to getting hired. It will not happen. And I hold this Commission responsible. And I'm about ready to go in and write in the names of the union Presidents for elected officials, if I keep coming back here and hearing that we are - our hands are tied because we are - they are not a bargaining agent, we have to deal with the union. You need to ask yourselves, "Who's running the City?" Are you, are our tax dollars running it, or are they running it? And thirdly, I was hoping Mr. Cotera would still be here, because I really had to look him in the face and ask him this question. If everything is so fine in your Police Department, why did you leave a meeting that two black officers were present at, and then return upon their expulsion? If you are so in love with your black officers, why couldn't they be present to every meeting that you hold? Thank you. (APPLAUSE) Mayor Suarez: All right, Ms. Weldon. Mr. Couch. Mr. Danny Couch: Yes. Danny Couch, 3180 Lamb Court. I think we saw what the problem is. The problem is Shorty. See, he carries out these little sniper attacks of racism, and then he hides himself, and he comes up and professes to be speaking for all the people, and then blaming someone else, and then pitting minorities - Anglos - well, Hispanics and blacks together - or against one another, to perpetuate his own self or his own kind. So the good old boy system is alive and kicking in the City of Miami. And as a former Affirmative Action Board member, by no means whatsoever should you ever consider dropping or amending the Consent Decree, based on the racist tactics that are carried 198 October 14, 1993 out. And I mentioned before, it's racism, it's sexism. Whenever you have an institution - once you bring them into employment and you do all of these tricks in order to get people to quit - frustrate them, aggravate them - the situation with the women, the program that was set up to help more women get those positions on the Fire Department, and then the trickery that's carried out at the time of the testing, defeats the whole purpose. So we need to quit playing the games, and call a spade what it is. They're racists. (APPLAUSE) Mayor Suarez: All right. Your comments are taken .for the record, but I really take issue with what you said about Mr. Bryson. The one thing he did do is come up here and say how he felt, Danny, and I... ( INAUDIBLE RESPONSE) OK, Danny, but I - you know, I respect your views. I just thought that that was particularly unfair characterization of his views, either way. Reverend. Reverend Willy Syms: Mr. Commissioner, and Mayor, I'm Reverend Willy Syms, and I'm with the Metro -Dade Office of Black Affairs. I was here today to lend my support to this effort, I commend all of these individuals who have come out, because they perceived their positions and the opportunity to succeed as being jeopardized, and it's not something that you just hear from them. You might say, "Well, they have a vested interest, because most of them are the police officers or the firemen." But the community, itself, is alarmed, when they perceive that individuals who have achieved a professional status are being treated like these individuals are, then those individuals that we're attempting to raise up in our high schools to take their positions when they're gone, say, "What's the use in me doing the right thing? When I achieve that status, they're going to treat me unfair anyway." We need to be aware of the perception that abounds within the African -American community here in Dade County. It's a very tense situation. This is not a threat. I hate to be a part of a threat. I'm just dealing from reality. And we get up here, and we toss numbers, and we have people make all type of innuendos against one another. And I'm reminded of a story of a young man who wanted to become an entrepreneur. So he began to sell rabbit sausage. And the rabbit sausage caught on so well, until very soon, he exhausted his supply of rabbit. So he substituted with cows, until the government said, "You can't call them rabbit sausage, if you're using cows." And his remarks to the government were, "Well, I'm fair. For every one rabbit I use, I use one cow." Now, you understand the unfair - the disproportionate amount there. That's what we're sounding like in using these figures. It's unfair. You've got to look at the fact that blacks have not had their representative stand here in this community. You have to look. And we play numbers, we play games when we talk about the percentage. There are some departments within the City of Miami that you can't find a black garbage can in! (APPLAUSE) Reverend Syms: Listen, that's a fact. Mr. Odio: You want to take a tour of the City with me? I think you've been in the County too long. Mayor Suarez: Please, please. 199 October 14, 1993 Reverend Syms: No. Listen, and that's not an indictment against you, Mr. Commissioner. That's an indictment against department heads. When I have to go over to the Zoning Department - now, if you want to be specific - I've not found anything that looks like me in the Zoning Department, unless it just happened the other day. Now, I might as well be frank with you. Mr. Odio: Willy, did you go to the County? Was that the County Zoning Department? Reverend Syms: They're even worse than the City. The only thing is, I'm an employee there, and they won't allow - every time I speak over there, they suspend me. That's the only thing. They hate the truth, also. But we might as well tell the truth. Commissioner Plummer: Willy, you want to go to work for the City? Reverend Syms: But we - all I'm saying is, we need to stop looking at the little picture, and look at the future, look at the image of Miami. Look at the opportunity we have to do the right thing, to make this City reflect the population, not just in overall numbers, but when you look in terms of managerial positions. You ;mow, my concern and my task, before I started speaking out and they didn't like what I was saying, was to maintain calm in the African -American community. I was out there in the middle of the night, during the rock -throwing, and the bottle -throwing, when the field forces showed up, when all of the - the Chief that we have, the black Chief that we have - had gone home, the black majors that we have had gone home, and the people calling the shots in the middle of the night when all hell break loose was the captains. And I didn't see not a single captain that looked like me. I knew that I was in trouble at that time. We've got to get shy brought up, to reflect what's happening in the community, and what the community sees. That ought to be our interests, instead of the personal goals of individuals in these private organizations. The City ought to reflect the City. Thank YOU. (APPLAUSE) Mayor Suarez: All right, sir. Mr. Manager, we've got to get on with some other issues, Submit to him whatever you want in writing. Let's wrap this up. Charlie, AFSCME head - I guess we've heard from every other union. Mr. Charlie Cox: Well, I've listened to all of this today. I tell you, I represent 92 percent minorities. And let me tell you, I'm in better shape than Mr. Dawkins is, as far as being reelected in March. If he wants to take a pot shot at me, that's fine. I have always been fair to everybody out there. I don't think anybody can say that I haven't. We do not have dissension in my union that I'm aware of, and it will never happen. The numbers, everybody seems to not want to hear. Let me tell you, I was in the military. Just like he said, there was a lot of white people, a lot of Latin people that were all killed in the military, too. And all I'm saying is, what's here is a few people trying to divide and conquer, and that's what's happening here today. (INAUDIBLE COPM=) 200 October 14, 1993 R Mr. Cox: It is. Mayor Suarez: All right, please. ( INAUDIBLE COMNIFNP) Mayor Suarez: Please. Mr. Cox: There's a statement - that's the second time that man has said it - and it wasn't true then, and it's not true there. Mayor Suarez: All right. Mr. Cox: And that's where he's trying to divide and conquer. ( INAUDIBLE CME TP ) Mayor Suarez: Please, ma'am. Mr. Genaro Iglesias: Good afternoon. My name is Genaro Iglesias, a City of Miami employee, Fire Department. I'm a lieutenant with the Fire Department. I've been hearing a lot of comments today or this evening - this afternoon, rather - and I wasn't really planning on speaking, but I think I must. A couple of years ago, I was up for promotion for the captain's test, which I earned on my ranking. I didn't ask for the promotion to be given to me, because I'm a Hispanic male - I'm a firefighter first - but my number had come up. At this point, it's not important, but I was passed over for some people of other ethnic backgrounds. Now, keep it in mind that I'm part of the protected group under the Consent Decree, and at that point in time, I did not see a hearing about that. I didn't see all these people complaining that I, as an Hispanic male, was passed over. I think we - excuse me - I think that we're looking at things from just one picture. We need to keep in mind that a system that discriminates against other people, if discrimination and inequitable treatments are wrong, to have a system in place that now discriminates against any group - and I'm talking any group - I'm not talking just the Hispanics - is wrong. We're trying to right the wrongs by doing another wrong. Mayor Suarez: Thanks. Mr. Iglesias: Thank you. Mayor Suarez: Quick question for you. Since you're in a sort of peculiar situation, and took a peculiar stand. In the Fire Department, aside from all the quotas, and all the discrimination, and all the Consent Decree, and all the things that are fairly quantifiable, there's been a feeling of a sort of fraternity - and we've talked about this here, and I think the union is aware of it - which sort of requires 'you to be of a particular mold, you }now. At least that's the way it had been in the past, to the point that there was even all kinds of initiation rites, and things that ultimately led to these huge lawsuits and these most bizarre incidents in the department. Is there still such a pressure to sort of conform to a particular way of dressing, and talking, and length of hair, and participating in these rather unusual games, et cetera, or would you say that we've rooted some of that out? 201 October 14, 1993 Mr. Iglesias: I'll speak as an individual, and you conform to the groups, and the practices that you want to. I'm not saying there's practices going on that force people to do anything that they don't want to. As an individual, I pick and choose what I want to do and not do. Mayor Suarez: All right. Mr. Iglesias: So I don't know if that answers your question. Mayor Suarez: All right. Mr. Iglesias: If I may add something, also. At that point in time when I was supposed to get promoted, Hispanic males were under -represented at the captain's rank. So it wasn't like we were over -represented, and they figured they'd go over. We were under -represented, too, and it would have not been any violation of the Consent Decree for me to receive that promotion. So I just wanted to add that for the record. Mayor Suarez: All right. Thank you, Mr. Iglesias. Mr. Iglesias: Thank you. Mr. Leroy Smith: Thank you, Mr. Mayor and Commissioners. My name is Leroy Smith, City of Miami retired police officer, 27 years. Now, I just want to say that Miami is my home town, and I was here when the first five black police officers was sworn in, September 1, 1944. From since that inception, black policemen have always had to work twice as hard for half as much. Let's move on until 1968, when we had a riot. Mr. Plummer knows, I served up there for 12 months, trying to work on some of our problems; problems that we knew of, problems that I spoke of prior to that time. And our problem was that we didn't have enough black men on the City of Miami Police Department. That's one of the contributing factors to our riot in 1968. When I was reassigned to upstairs up there, upstairs, Mr. Reese asked me. what could we do about it. I told Mr. Reese, "Mr. Reese, you have to get more black police officers." He said that, "We can't get them, because we could never get them, they wouldn't join." I said, "Well, the first thing you have to do, you have to get Joel Scott back on the Police Department." Joel Scott was an eight -year veteran, that the City doctor found that he had a quarter of an inch short, and he dismissed him. So as a result, we worked out a situation whereby we got Joel Scott on the department, and we created Operation Badge. Operation Badge was a program designed to get more black policemen in law enforcement. Operation Badge was designed to get one policeman to ride with - one black police officer to ride with another black officer, to change the image of the City of Miami. We thought - well, I thought that if we had a black and a white police officer - at that time, we didn't have that many Latins there - but a black and a nonblack in a City of Miami police car that's riding around these various communities, that the City would be a better place than it is today, because the community only goes as far as its Police Department. If the Police Department shows that they are concerned with the community, the juveniles that now today, that are killing people, that are still out there - and, as our President said, that the community is on hold - they're trying to wait to find out what's going to happen here. So I'm saying to the City Manager - you've said it time and time again - that it costs the same price to 202 October 14, 1993 get one black police officer and one nonblack. Then two police officers ride the cars throughout the City of Miami. Let's try something new. We're not too far behind Los .Angeles. I watched North Los Angeles. I watched riots from 1964, because I was in New York when they had the first riot there, and I followed riots across the country. Los Angeles has four generations of juvenile delinquency, and they're still moving. Miami had delinquents, also, but it was the black police officers in 1962 that got involved with the four gangs, and we, in turn, worked with those guys. 1"hat's the reason why - and some of you didn't know that Joe Kershaw (phonetic) - won the state meet, because he won it on juvenile delinquents that we turned around and sent back to school. Booker Washington won the Inner City championship, because those same gang members joined the football team. All I'm saying, as a friend of the City Hall - I've always been a friend of City Hall, because this is my Police Department - when the Chief sat on me for five years, after I helped preserve the City of Miami in 1969, we only made the City that didn't have a repeat riot, because of Operation Badge, and through other things that we were doing in the community. We had a .response mechanism built in our program, that we wanted to satisfy the citizens, when they had a complaint. I'm saying this, that Miami still could be one of the best Police Departments in the nation. Miami - the City of Miami could still be one of the best cities in Miami - in the community. But we have to deal with it. We have to work with it. We need to forget about these numbers. We need to forget about these numbers. The University of Miami is doing some big things, brat we got caught up on who should pay the quarterback, see? Unidentified Speaker: That's right. (APPLAUSE) Mr. Smith: And I guarantee you that somebody gonna change quarterback, because the University of Miami wants to continue to be the team that it's been, because that tradition has been broken. Let's not do that same kind of thing to Miami. Let's not get caught up in that. Let's get Miami right while we can before - as the President said - that the community is on hold, and we have to do something about it. Reverend Syms - I mean, he knows what that's all about, because he was a youngster back there in 1968. He knows what can happen, and what he's saying is for real. I just want to say thanks for being here. I didn't plan to say anything, but I went right up there, and I talked with the City Manager, and I told him, "What we need to do, change the image of Miami." Thank you. Mayor Suarez: Thank you, Mr. Smith. (APPLAUSE) Mayor Suarez: The last speaker. After this, we close the public hearing. Last speaker. Mr. Walter Clark: Good afternoon. I thank you for having me last. My name is Walter Clark. I'm President of the Organization of Minority Corrections Officers, and I'm here in support, along with members of the organization here today, in support of the City of Miami's black officers and firefighters, and whatever other group in Dade County that's black and needs our support. I'm not appalled when I heard your City Manager become arrogant when the President 203 October 14, 1993 was up making his report to the Commission. That's sort of normal process, because we have Commissioners and Managers that do the same thing when we appear before them. However, though, they are being polite. They're caning out here doing it the political way, wherein there are other ways to address this issue. I will be talking to than about how to go about doing that. (APPLAUSE) Mr. Clark: So I just hope that the Commissioners today take heed to what's gone on before. There are other ways that we can handle this situation. Thank you for having me. Mayor Suarez: All right. (APPLAUSE) Mayor Suarez: What - as far as I'm concerned, if it took another resolution from this Commission to clarify once again that we are going to stand firm by the Consent Decree. We know that there are legal battles ahead, and maybe somewhere down the road, it will be determined by the people who have more control of the law than we do that this is just not the way to proceed, but until they do, and the City Attorney, in his classic legalese way has told us that so far, we can defend what we've got, although it was a little confusing there - I hope somebody understood it - and all I can say - and I'm an attorney, too, so I feel I can say that to my colleague in the law - but anyhow, as complicated as the legal ground is, if it helps in any way, and if it assures the community in any way for this Commission to pass the resolution, once again reaffirming our commitment to the Consent Decree, I will so entertain at this point. Commissioner Plummer: I have no problem. It's just a duplication of what we did before... Mayor_ Suarez: Sometimes it helps to... Commissioner Plummer: ... and we say it again, and we mean what we say. Mayor Suarez: Sometimes it helps. Commissioner Dawkins: Second. Second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Commissioner Dawkins: No, under discussion... Mayor Suarez: All right. Commissioner Dawkins: ... I'd like to say that this Commission - I think I speak for the total Commission - applaud you. We have members of the Black County Police sitting out there. We have members from the Black County Fire Department sitting out there. We have members from the City of Miami Black Fire and Police sitting out there. There are members from the Corrections Officers from Dade County. We have HRS (Housing and Rehabilitative Services) officers sitting out there, and others. And this is the first time that 204 October 14, 1993 these - a black group like this - has formed and come dam here to address the issue. So I think that this - we applaud you, and we want you to come back again, and when we don't do what's right, come back again, Thank you. Mayor Suarez: All right. (APPLAUSE) Mayor Suarez: Any further discussion? If not, please call the roll on the resolution. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-664 A RESOLUTION REAFFIRMING THE MIAMI CITY COMMISSION'S COMMI'll= TO AND SUPPORT OF THE CONSENT DECREE ENTERED IN 1977 BETIEEN THE UNITED STATES OF AMERICA AND THE CITY OF MIAMI IN THE FEDERAL COURT CASE OF UNITED STATES OF AMERICA V. CITY OF IAMI, h7r AL., CASE NO.: 75-3096-CIV-KEHOE, AND SIGNED SUBSEQUFM TO THAT TIME BY INTERVENING PARTIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: And... Commissioner Alonso: And before they go, Mr. Mayor... Mayor Suarez: Commissioner Alonso, I was just going to say to the Reverend to keep praying for us. I particularly appreciated the blessing. I think we need it as the political season begins. Commissioner Alonso. Commissioner Alonso: Yes. I think that also the Administration will have to look a little bit more carefully at the numbers that have been mentioned here today. It's... (INAUDIBLE CaNi WE) 205 October 14, 1993 Commissioner Alonso: Well, it is .important to look at the numbers, and also the recommendation of the Affirmative Action Advisory Board. And perhaps this Commission will have to take that over and grant more power to them, so that the policies that they set will carry on. (APPLAUSE) Commissioner Alonso: And I believe that it's about time that we do that, and perhaps even in the next Cami.ssion meeting, we should have an item of discussion in reference to this. Mr. Odio: November 18th. Commissioner Alonso: The 21st, I believe it is. Mayor Suarez: All right. Commissioner Alonso: Thank you. Mayor Suarez: Did we call the roll, Madam City Clerk? Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor. Mayor Suarez: All right. Thank you, everyone, and there will be a lot more monitoring coming, I am sure. ------------------------------------------------------------------------------ 47. (Continued) DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION TO REJECT PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD AT DINNER KEY, INC. FOR UNITED DEVELOPMENT OF DINNER KE'Y BOATYARD AND MARINA PROPERTY AT 2640 S. BAYSHORE DRIVE. (See labels 16 & 57) Mayor Suarez: We have a couple of items left over from the morning, I think. I see a lot of WN,nnwood signs, but I think we also have - and you have your counsel now on the Dinner Key Boatyard? Ricardo, I don't know if I referred correctly to the group or the entity, so... Commissioner Alonso: We didn't pass 22? Mayor Suarez: Ricardo, what is the name of the entity? Mr. Ricardo Nunez: Lighthouse Marina and Boatyard at Dinner Key, Inc. Commissioner Alonso: That's item... Mr. Nunez: I think it was item 2 on the agenda, maybe, or - wait. Mayor Suarez: Now, the manner in which this has come back to us continuously is so confusing that I am at a loss. Mr. Nunez: Eleven. 206 October 14, 1993 Mr. Cesar Odio (City Manager): It's item 11. Mayor Suarez: OK. And we had referred back to the Manager or to the selection committee; which was it? Mr. Nunez: Selection review committee. Commissioner Alonso: Selection committee. Mayor Suarez: And what was the recommendation, or what was the action of the selection review committee? Mr. Odio: They recommended to reject. Mayor Suarez: To reject the pending offer, which is one pending offer by your entity, right? Mr. Nunez: That's correct. Mayor Suarez: Mr. Manager, that, I gather, was also the Administration... ( INAUDIBLE CONIM=) Mayor Suarez: ... the Administration's position, and if so, could you just state for the record, as simply as possible, why you were recommending against it? And I gather the selection committee agrees with you. Mr. Odio: I recommended against the original proposal because it did not have the financial backing, and they did not show to the CPAs (certified public accountant) that they did have that. They came in after the fact with some other data that was not acceptable, because it was after the bidding was closed. Commissioner Plummer: Now, let me ask a question, Mr. Mayor, if I may. Mr. Odio: I recommended rejection then; then you decided to send it to the selection committee, and that the selection committee's recommendation would be binding to the Commission. Mayor Suarez: All right. Mr. Odio: And the selection coff i.ttee has recommended rejection. Commissioner Alonso: Mr. Mayor, can they close the door? Mayor Suarez: Yes. I need - where are the officers that we're supposed to have in the back to keep that door secured, please? Commissioner Plummer: Mr. Mayor, may I ask a question? Mr. Odio: Let me put on the record, besides the financial, what other reasons we had to reject. Jack, Please. 207 October 14, 1993 Mr. Jack Luft: Yes. In a complete sense, ;:he Administration found this proposal lacking from the standpoint of experience, from a local representative, and the financial pro forma proposed in this project, as reviewed by Arthur Anderson and Company, who are here to testify, if you wish, as to the particulars, was found to be questionably feasible. The revenues they projected were, we felt, unreasonably high, and the costs they projected to construct this facility were unreasonably low. Taken together, we felt there was a serious question as to the overall feasibility of this proposal, and that, in sum total, all of those reasons constituted the basis of the Administration's recommendation for rejection. Mayor Suarez: OK. Mr. Nunez: I'd just like to introduce - for the record, my name is Ricardo Nunez. I'm an attorney at the law offices of Sonny Holtzman, located at 2601 South Bayshore Drive. I represent Lighthouse Marina and Boatyard at Dinner Key, Inc. What we're here for before you today is to request that you either instruct the selection review committee to reconsider our proposal under proper procedure, or, in the alternative, that you not choose to accept their proposal, or their recommendatio . And at that point, I guess reconstitute a new selection review committee so that they can be guided under proper procedure. I have submitted a letter to the Mayor and to the Commissioners, to the City Attorney, and to the City Manager, and at this point, I'd like to introduce it into the record again, into the record of this proceeding. I'll assume you've read it, but spine of the points, I'd just like to highlight, some of the errors. Mayor Suarez: That's always a dangerous assumption. Mr. Nunez: Well, for that reason, I've introduced it into the record. One of the points... Mayor Suarez: That doesn't mean we haven't heard the argument at some point of another. I'm sure that it's contained in there, but try us. Mr. Nunez: OK. You know, and I could go through the entire letter. You know, I'm just going to highlight a couple of the points. You know, during the selection review committee, the selection review committee appeared inclined to recommend the approval of our proposal, as they had priorly, when they considered it the first time. And one of the questions that was raised was whether or not, in their recommendation, they could have some sort of caveat, or whether the recommendation could have a condition. I mean, I've seen this Commission pass resolutions with conditions, and pass other sorts of approvals with conditions, and they were advised that they couldn't do that. I think that was an error. I think the selection review committee, in their minority report, raised that; that they felt that to the extent that is an error, it would have changed the outcome of their vote. And quite honestly, I haven't heard otherwise from the City Attorney. I've provided than with this letter. But that's just one of the points. There's several other points - extraneous information - that was included. The City Char er says that the selection review committee has to, you know, quantify and evaluate our proposal, based on criteria that are specifically set forth not only in the City Charter, but are set forth in the RFP (Request for Proposals) itself. And these criteria - this criteria was totally discarded. On the record, they 208 October 14, 1993 said that, "We're not going to consider that. We choose to eliminate that. You're the only proposer." I'm not sure what that means. And as a result of us being the only proposer, they can use totally subjective criteria and... Mayor Suarez: Which criteria was that? Mr. Nunez: The criteria, well, .it's set forth... Mayor Suarez: All of the criteria. Mr. Nunez: ... in the RFP. It's all the criteria - financial capability, representation, experience, things of that nature - and they said they chose to dispense with that altogether. So I'm not really sure what they're saying; that they can totally base their opinion on subjective criteria? On no criteria? And I think at that point, we're at quite a loss. Mr. Luft: If you would like an explanation, we'll give it to you. Mr. Nunez: OK. Mayor Suarez: I think we're going to need that in a second, Jack, for sure. Mr. Nunez: OK. They're - you know, if he'd like, Jack can provide us with the explanation right now. I mean, there's just numerous other things that - and if you'd like, Mayor, if that's OK... Mayor Suarez: Well, that one, because the Manager said there were problems with financing, so it sounded like that criterion was considered; and there were problems with experience, so it sounded like those two criteria were, in fact, considered, and found lacking. I didn't get too many specifics, but at least he stated that. Now... Commissioner Alonso: But if you'd like this... Mr. Nunez: I mean, that was considered by the City Manager, that's correct. And we will point out that initially... Mayor Suarez: But you're saying the selection committee specifically chose not to consider those criteria? Mr. Nunez: Oh, it's clearly on the record, absolutely, that they dispense... Mayor Suarez: Can you read that to us, where it says that? Looks like you have a trusty helper there with the record handy. Mr. Nunez: I was only provided with a tape. I wasn't provided with a transcript of the hearing, but it's clear, and I'm sure... Mayor Suarez: What was he showing to you? That wasn't it? Mr. Nunez: No, no, no. That's not what he was showing me. What he was pointing out, though, was that as far as experience being an issue, that was initially raised by Arthur Anderson, your accounting firm that was chosen to evaluate us, and they sent in a correction, pointing out that they had made a mistake. When, in fact, they said that we did not... 209 October 14, 1993 Mayor Suarez: Was that done in writing? Mr. Luft: Yes. Yes. Mr. Nunez: Oh, that's in writing, and as a matter of fact, the City provided us with that. Mayor Suarez: Can we have that distributed, Mr. Manager? If there is an admission by our accounting firm that some kind of mistake was made in that evaluation as to experience, we certainly want to knew about it. Mr. Nunez: Isn't that correct, Mr. Luft? Mr. Luft: Yes. Mayor Suarez: Can we have it now? Can anybody answer? Commissioner Alonso: Shouldn't we go by - what is the recommendation of the Administration? Mr. Odio: That statement is accurate. That statement that he's making is accurate. We did get a letter from the accountants saying that they had made a mistake on one person that had been... Mayor Suarez: What does that letter say? What is the gist of the letter? Because the Manager, two minutes ago, told us that there was not sufficient experience. Now, we find out that... Mr. Odio: No, no, I didn't say 'that. Mr. Nunez: It was Jack Luft. Mr. Odio: I said based on the financial capabilities of that group. Commissioner Alonso: No, but also... Mayor Suarez: No, but you also mentioned experience. Commissioner Alonso: Yes. Mr. Odio: And then the experience, at that time... Mayor Suarez: Lack of experience. Now, we find that on that issue, there's at least one contradictory point here to be clarified. Commissioner Plummer: Mr. Manager, did you tell me, sir, or do I remember hearing somewhere... Mayor Suarez: Commissioner Plummer, I'm sorry. I' d asked him to read that into the record. We've got to keep some kind of - and it's my particular inquiry. I think I'm entitled to an answer on that. Could you please read part of that or... 210 October 14, 1993 Commissioner Plummer: Agreed. Mr. Tom Bradley: Certainly. My name is Tan Bradley. I'm a partner with Arthur Anderson. We did make a minor modification in our report with regard to the experience of the group. our executive summary, I'm reading from - this is page 2 of the executive summary of our report, dated April 25th, and there's just one paragraph here on experience. If you'd like me to read that to you, I'd be happy to. Mayor Suarez: It's a short paragraph? Mr. Bradley: Yes. This talks about experience of the proposers, and capability of the development team. This, by the way, is one of the criteria that was in the RF'P that we looked at, and we did address all the criteria in the RFP. It says in this paragraph: "As noted above, Ms. Patricia Burne will act as project manager and operations manager. Ms. Burne has approximately 15 years of significant experience in marina management. While Ms. Borne appears to possess significant marina -related experience, no other resumes of individuals with professional marine -related experience were submitted with the proposal. Based on the information provided, the proposing entity does not appear_ to have the extensive depth of experience which would be expected for operators of a prime, first class facility, such as that proposed for the Dinner Key site." Mayor Suarez: All right. So you're saying as to one person, maybe there was an oversight in the review; as to the group as a whole, you are still of the opinion that there's not sufficient experience. All right. Commissioner Plummer, I interrupted your train of thought. Commissioner Plummer: Well, I'm at loss, Mr. Mayor, how a CPA firm is making a determination about in-depth experience of operating a marina. Mayor Suarez: I've had a problem with the statute in that sense for a long time myself. Commissioner Plummer: I thought CPA firms were basically auditors. They do numbers, and they do mathematics... Mr. Odio: ... and feasibility. Commissioner Plummer: ... they do profit and loss. But where do they come up as experts on experience in... Mr. Odio: There's such a thing as feasibility studies. Commissioner Plummer: No, no. May I ask, sir, where your expertise comes from? Mr. Bradley: Certainly. Although we are a - what you'd normally consider a CPA firm, Arthur Anderson is also the largest consulting firm in the world, and all of the CPA firms, what's considered the big six or the larger CPA firms that generally propose on this type of work do a great deal of consulting work. 211 October 14, 1993 Commissioner Plummer: And your background in this area, sir, in particular? Mr. Bradley: I am in charge in the operational consulting group of Arthur Anderson in the State of Florida. Commissioner Plummer: Have you ever run a marina, or where do you get to be an expert in running, or knowing about marinas? Mr. Bradley: I have not run a marina. There are people that worked on the project... Commissioner Plummer: Well, did you write this paragraph, sir? Mr. Bradley: Someone that worked for me wrote the project that has been involved... Commissioner Plummer: And has he ever been in a marina operation? Mr. Bradley: He has not been involved in a marina operation, but he has done... Commissioner Plummer: Well, what - OK. I'm trying to get to a bottom line, sir. Mr. Bradley: Right. Commissioner Plummer: What makes hum an expert? Mr. Bradley: He has been involved in projects which have marina elements. He's a specialist in hospitality and resort communities, many of which have marina elements. Commissioner Plummer: OK. I have one other question. Mr. Manager, did you tell me previously that one of the requirements of the submittal at the time was that they had to provide their financial capability? Mr. Odio: Yes. Commissioner Plummer: Does my memory serve me right that your statement was that they did not do such at the time of submitting by the deadline? Mr. Odio: Yes, sir. Commissioner Plummer: Had, then, can they be considered as a qualified candidate? Mr. Odio: Because there were other factors that... Commissioner Plummer: Wait a minute. Wait a minute. Was that a mandatory requirement, that they had to surrender their financial statement? And if your answer is they did not, then, in my estimation, they are not a qualified bidder. Please tell me where my thoughts are wrong. 212 October 14, 1993 01" e''` Mr. Erdal Donmez: Commissioner Plummer, the development team... Commissioner Plummer: I'd like to know who you are. Commissioner Al.onso: Ha -ha-ha. 'That's Erdal. Mr. Donmez: I'm sorry. Commissioner Plummer: Are you on the City payroll? Mr. Donmez: Yes, sir. Commissioner Plummer: You're one of the higher priced help. Mr. Donmez: My name is Erdal Donmez. I'm with the City of Miami Department of Development. Prior to the deadline of the proposal submission, we had a predevelopment conference. At the time, the Lighthouse development team asked if they would submit to the City a letter of credit, a strong commitment from a financial institution, if that could be accepted - a firm commitment. And our answer was, a letter of credit from a reputable institution would be. In return... Commissioner Plummer: Excuse me, excuse me, excuse me. I really am not concerned about what you said. I'm concerned, what did the RFP say? You don't have the right, sir, to make a determination, other than what is in that RFP. Now, my question, again, wasn't a - Mr. Manager, you know, it's so simple, black and white. Mr. Odio: I know what you want to know. Commissioner Plummer: The question is, was it mandatory that they had to submit their financial capability... Mr. Odio: They showed financial capabilities. It's just that our CPA firm, our consultant decided, and rightfully so, that they did not have enough. Commissioner Plummer: Then, Mr. Manager, I again say to you, in my estimation, they were not a qualified bidder. What are they doing before a selection committee, before an auditing firm that cost us a hell of a lot of money, before this City Commission, taking up our time, when they were not a qualified bidder? I don't understand this. Mr. Donmez: Commissioner, we were going to throw the bid out. Commissioner Plummer: Why didn't you? Mr. Donmez: The team, the development team submitted a letter from Citibank... Commissioner Plummer: OK. Mr. Donmez: ... affirming that the Citibank was... Commissioner Plummer: Did that comply with the RFP? 213 October 14, 1993 Mr. Donmez: The RFP was, you know, requiring firm commitment. Commissioner Plummer: Did that confirm, requiring - does it put it in compliance with the RFP, yes or no? It's got to be yes or no! Mr. Donmez: There was a strong letter from Citibank. Commissioner Plummer: Sir, would you answer my question, please! Mr. Nunez: The answer is yes. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor and Commissioners... Commissioner Plummer: Did it meet the requirements of the RFP, yes or no? Mr. Donmez: No. Commissioner Plummer: Then what - they're not a qualified bidder! Mayor Suarez: All right. Commissioner Plummer: That's my point! Mayor Suarez: That's obviously the Administration's position, Commissioner. All right. Mr. Nunez: Although at the time, we were deemed responsive. Mayor Suarez: Wait, wait. I think in this - there was a little bit of inquiry left that we... Commissioner Plummer: They're not a qualified bidder! Mr. Odio: We've said that from day one to (inaudible comment). Mayor Suarez: Please, please, please. What is Mr. Steiner doing now in the Wynwood part of Miami, sir? I'm interested in that. ( INNUDISLE CCU) Mayor Suarez: No? That's just coincidence. Commissioner Alonso: Adjacent to. Mayor Suarez: You're surrounded by Wynwood. From Coconut Grove to Wynwood. I am really concerned about that. Emilio, do not let him go to Wynwood, whatever you do. Commissioner Plummer: He'll find a way to get in trouble. Mr. Odio: Just for the record, because his staff... Mayor Suarez: All right. 214 October 14, 1993 Commissioner Plummer: He's still trying to dig up McFarland Road and put parking underneath. Mr. Jones: Mr. Mayor, Mr. Mayor. Mayor Suarez: Jack. What do we have? Mr. Jones: Mr. Mayor and Commissioners. Mayor Suarez: Oh, I'm sorry. Mr. City Attorney. Mr. Jones: Please, I beg you, this is how we got involved in the Circa, Limited lawsuit; this is how we got involved in Watson Island lawsuit. I would ask that you, out of all due respect, I hear what you're trying to do and whatever else, but I would ask that you go ahead and make a decision, whatever, and refrain to getting into any specifics and any further commentary. Mr. Nunez: One thing I'd like to introduce into the record... Commissioner Plummer: I move to uphold the Manager's motion of rejection. Mayor Suarez: So moved. Mr. Odio: It's got to be the selection committee. Mr. Jones: No, the selection committee, the selection committee. Commissioner Plummer: Selection committee. Mr. Nunez: OK. That's... Mayor Suarez: Wait. We're going to let - we're going to hear you out, because what... Commissioner Plummer: We've already done what you asked, sir, once. We sent it back to there... Mr. Nunez: I'd just like to finish introducing - well, if I could just finish introducing... Mayor Suarez: You're not recognized just yet. Mr. Nunez: OK. Mayor Suarez: The Commissioner has made a motion. I think he was trying to respond to the concerns of the City Attorney in making the motion. Commissioner Plummer: Yes, sir. Mayor Suarez: The motion has not yet been seconded, but you have not been recognized back again, after we - now seconded for discussions. All right. For discussion, go ahead counselor. 215 October 14, 1993 Mr. Nunez: OK. Well, what I'd like to introduce into the record - that's right - the procedure, there has been a tremendous procedural problem here and that's what we've raised in the letter, that's what we're here to raise again. We were deemed responsive initially. I'd like to introduce into the record the fact that the Lighthouse Marina and Boatyard at Dinner Key, Inc., as a result of being deemed responsive by the City of Miami initially, incurred significant additional financial expenditures, in complying with several other conditions that were placed upon them initially by the selection review committee's initial recommendation to the City Manager, and subsequently, by, you know, directives it received from the City Commission at prior hearings that we've had. What I'm trying to do here - and again, along the lines of Mr. Jones' comment - absolutely, we have, you know, no desire to get involved in litigation in any way. But the fact remains that procedure has not been... Mr. Jones: That's the way you're headed. Mr. Nunez: ... procedure has not been upheld in the selection review committee, for the reasons I stated earlier. The City Charter hasn't been complied with. Mayor Suarez: Wait a minute, wait a minute. Mr. Luft, please. Mr. Nunez: The Charter hasn't been complied with, the Code. Mr. Luft was present at the selection review committee hearing. What I've said is correct, and I don't think it would make any sense... Mayor Suarez: OK. You understand we're being advised by the City .Attorney to be careful on comments we make, in case this Commission concludes that we are, in fact, going to reject the bid, if that is the correct terminology. But that doesn't mean that I, at least, am not personally interested in your viewpoint, and I think some of the other Commissioners. Mr. Nunez: I just... Mayor Suarez: So don't be too deterred by the clanging symbols and other noise making over here. Mr. Nunez: OK. Mayor Suarez: We're into biblical references today. Mr. Nunez: Well, you know - and all I'd like to say is just introduce into the record the factual objections I have to it, as I've done, as the letter states. I'm not sure if Mr. Ward, the Chairman of the group, would like to make a few comments. Mayor Suarez: All right. Mr. Harry Ward: I appreciate the opportunity of speaking one more time. The question was raised by Mr. Plummer, did we, in fact, comply with the RFP. Commissioner Plummer: That was my question. 216 October 14, 1993 Mr. Ward: We maintain that we did, since the City, in their bidding conference, waived the requirements of personal financial. statements. We pointed out more than once that it was an onerous requirement, because people bidding on a project of this size, and havina to put in public their total holdings, which could be in hundreds of mullions of dollars, might well make them subject to kidnappers and other people, and we said, "Can we provide bank information?" They said yes. We got a letter from Citibank. I also - in the RFP, is a letter, my response to Citibank, indicating that there are personal lines of credit in excess of $4,000,000 by only two of the members of our group. Further, we submitted net worth statements, letters from banks and personal financial statements of over $29,000,000 to the City Commissioner, and to every one of these - of the Commissioners here. As to Mr. Jones' requirement or caution, we have raised eight technical issues. I suggest to you that a prudent man might ask the City Attorney, before you vote, to give you a written opinion as to the validity of the points that we've raised. Mayor Suarez: Sir, rather than telling us - which is somewhat what you attorney has been doing - what our procedure should be, why don't you tell us what those technical points are? We'll decide if we're going to consider them, and we'll decide what to do at that point. Summarize for us. Mr. Ward: I'm legally blind. If it's all right if I could have him read them into the record, I'd appreciate it. Mayor Suarez: Surely, if that's the most effective way. I mean, he could introduce hem into the record directly. Counselor, you may want to paraphrase them as you go through them. I mean, I'd like to know what they are. Mr. Nunez: I'll do that, yeah. I've introduced... Mayor Suarez: I think we've heard some of then, haven't we? Mr. Nunez: Yes, Mr. Mayor, we have, and I'll just finish introducing the rest of them. Another one of the points that - another one of the procedural substantive errors, also, at the selection review committee, was the fact that extraneous information was introduced into the record by City staff. Mr. Erdal Donmez, at the beginning of the meeting, indicated that since the FEMA (Federal Emergency Management Agency) money had arrived to the City of Miami, other parties have expressed an interest in this property, and that certainly persuaded a lot of the members in their discussion, as to the reason why they were voting against the proposal. They expressed that as a major consideration. Another major consideration - and let me get it here. Mayor Suarez: Now, that statement you just made was not reflected in any document or any official aspect of the proceedings, was it? Mr. Nunez: Absolutely not. It was just introduced into the record by Mr. Donmez. I assume... Mayor Suarez: It was a City staff person that made that statement, somewhere along the line? Mr. Nunez: Absolutely, at the beginning, and uninitiated, unrequested, he just proffered that voluntarily, as did Mr. Luft. 217 October 14, 1993 Mayor Suarez: Was that in a private meeting, or was that part of the selection process? Mr. Nunez: Part of - that was at the selection review committee meeting, after it had been convened. Commissioner Plummer: And that was being taped? Mr. Nunez: Absolutely. It's in the tapes, first tape. There's two tapes. Commissioner Plummer: And who has the tapes? Mr. Donmez: We have the tape. Commissioner Plummer: OK. It's easy enough to listen to. Mr. Nunez: In addition, Mr. Luft, in introducing the City Manager's recommendation - and the recommendation is about four or five sentences long, it's typewritten, and it's a document - went further then, to say that the City Manager's objection was the lack of financial documentation. He just explained away a million other different - well, not a mullion, but about ten other reasons that were not included, in any way, shape or form, in the City Manager's recommendation. That was something that was also considered. Now, I'll tell you, when the selection review committee - and this even drove it home even closer - when the selection review committee went to make their motion, the premises upon which they were making their motion had to continuously be redrafted, or restated, and restated, at the very good advice of your Assistant City Attorney, because the premises upon which they were basing their motion were not proper premises. The premises included hurricane damage to the property, FEMA money, interest of other people in the property. None of those reasons were pertinent. I've taken them out of order. Let me try and put them in a cohesive order here for you. ( INAUDIBLE Cga=) Mr. Nunez: What employees? Unidentified Speaker: The City employees (inaudible). Mr. Nunez: Oh. In addition, another thing is, according to the City Charter, the information upon which the selection review committee is to base their motion i the Arthur Anderson report, and the evaluation of the proposal, period. It doesn't state the City Manager's recommendation as a factor. That was, again, introduced without their request that that information be introduced, and as I noted earlier, at length. And I'll tell you the danger in introducing that information, and this is why it's so highly prejudicial. There are seven members of the selection review committee. Three of them are City staff. Of course, they're going to be listening to their City Manager; and of course, if he recommends against it, they're going to be strongly inclined to vote against this roposal. That's why it's so highly prejudicial., and that's why the City Charter does not allow for that information to be introduced. A a matter of fact - and I'd like to make a big point out of this - the three votes we got in our favor out of the seven 218 October 14, 1993 members were three citizens. At the first selection review committee meeting, we had three citizens and one City staff member vote in our favor. That's why our proposal was accepted. And I think, based on the introduction... Mr. Odio: May I - just for the record, the first time the selection committee met, the same three City employees voted against your proposal. Mr. Nunez: Wrong. Mr. Odio: The first time the selection committee met, sir, the three staff persons voted - against your proposal, and one staff person voted for it. Mr. Nunez: That's right, one staff person voted for it. That's right. Mayor Suarez: I think that's what he meant to say. Mr. Nunez: Oh, OK. Mayor Suarez: Three outside - that's what you meant to say - three outside plus one City employee, to give you a majority of four to three. Mr. Odio: No, sir. What I meant... Mr. Ward: Can I address that? Mayor Suarez: My God, how many people do we need on that particular point? Mr. Ward: Well, I... Mayor Suarez: What was that vote that he was referring to? Does anybody know what that vote was that he was referring to? Mr. Odio: The first... Mayor Suarez: It was a four to three favorable vote, is what he's saying. Mr. Odio: Favorable vote the first time, which three of them were City employees. Mayor Suarez: Three of what; the four or the three? Mr. Odio: Of the four, of the four that voted... Mayor Suarez: ... were favorable to his proposal? Mr. Odio: No, sir. Excuse me. Of the seven members... Mayor Suarez: Right. Mr. Odio: ... four voted for it. Mayor Suarez: We got that part. Mr. Odio: Three City employees voted against it. 219 October 14, 1993 4 Mayor Suarez: All right. So that's what he said. Mr. Odio: That's what I'm saying. Mr. Nunez: OK. Mayor Suarez: One City employee and three outside people voted for his proposal, so he got a four to three. Mr. Nunez: So, well, and that just goes to why I think the City Manager - introduction of the City Manager's recommendation... Mayor Suarez: All right. Mr. Nunez: ... especially when it's represented to be something that, in fact, it wasn't, that it's so highly prejudicial. (Inaudible comment) Mayor Suarez: Please, please. Mr. Nunez: Mayor, I think I've introduced most of the points. Some of the other points are not, I think, as significant. They're in the letter again, and, you know, it's a nine -page letter, eight -page letter. I really don't think I could go through it all right now. Mayor Suarez: All right. Thank you, counselor. Suppose, Mr. City Attorney, that this Commission were to find, in fact, things did change after the hurricane, and that it made sense to - and I hate to say it, in the sense that we've gone through this process so many times, but that, in fact, so many things have changed, that it makes sense to somehow reopen all of this, to take into account what he is suggesting - probably correctly, because I haven't heard anything contradicted - was evidence, or hints, or whatever, that the whole picture and the whole panorama has changed with the FEMA monies, and with the damage sustained by the buildings. Could we do that, and what would be the way to do that? Mr. Jones: Well, what you're essentially saying is, that if there were substantial changes as a result, then certainly, the process could be nullified, but that would be tantamount to rejecting the bid, and starting over, or whatever you want to do. Mayor Suarez: Rejecting the bid and starting over? Mr. Jones: Yeah. Mr. Nunez: Which, in my opinion, to the extent that we have incurred substantial expenditures, based upon initial representations made, would be a total lack of good faith, and, as a matter of fact, would constitute bad faith, arbitrary, capricious conduct. Mayor Suarez: I don't think so. I don't think so, from your perspective. I don't think that's what you would do, if it was accompanied by instructions to 220 October 14, 1993 the City Manager to try the process again. I.f it was accompanied by instructions to the City Manager_ to abandon the process and do what some members of this Commission want to do, which is to have the City operate the facility, then I have a feeling you would be quite upset, and willing to take every legal action. So I was thinking of the first of those two, not the latter. I mean, I was thinking of a situation where you would be able to take advantage of that change of circumstances. Mr. Ward: Mr. Mayor. Mayor Suarez: In any event, that's about the only thing that I can think of that might even give you some... Mr. Ward: Mr. Mayor. Mayor Suarez: Yes, sir. Mr. Ward: I wrote our response, and in our response, we make allowance. Everything in our proposal is negotiable with the City. We have cried, we've begged, let us talk to someone. We knew you were going to get money back from FEMA. It's no secret. We didn't know the amount. We asked for it, and it was denied to us. We got that information on July 29 - 28th - June 28th, and the meeting here was July 20 - June 29th. We asked for it in February, and we were not given it until eight months - seven months later. We have proposed a joint venture with the City. We know that they've got one point seven million dollars. Hell, that makes it easier for us. We got three point something, somewhere in there, that we could build this thing properly with combined funds, but no one will talk to us. We have illustrated that we have the money. Mayor Suarez: Please, Mr. Manager. Mr. Nunez: Mr. Mayor, I saw where you were going with that earlier thing, and you're right, it certainly is a better alternative. I will tell you - and this is something else we want to just raise again, but I think it was raised this morning in my absence. I understand when you instruct the City Manager to do things, he does them, but this procedure has been fraught with lack of responsiveness, and in particular, in them - or the City coming forth with their proposal to compare apples to apples - to borrow from one of your Commissioners, a quote. This has never happened. We've waited for it to happen, we've asked, we've prodded than. Simply haven't been responsive. Mayor Suarez: All right. The problem with us analyzing up here the procedure in what might be considered deficiencies is that all, it does is just spread all over the record all kinds of things that you can use against us, and we don't need that anymore in another lawsuit, so - although I have some ideas myself, as to how this has not been handled the way I think it should have been handled. So before we vote on this, could you take us very quickly and very precisely through the steps that did take place, Jack; and then, Mr. City Manager, and Mr. City Attorney, would you tell us what alternatives we have? We've heard a lot of information here, some of it quite interesting, some of it perhaps extraneous, some of it just typical of someone that is just simply not at the point that they would like to be, and we're going to have to make a judgment at some point. There was initially - let me just start this, and you 221 October 14, 1993 pick up, please - there was initially a selection process that selected their bid by a slim majority, and did what with it at that point? Mr. Luft: That selection committee made a recommendation to the City Manager by a four -three vote, to recommend approval. Mayor Suarez: That we begin. And at that point, typically, we'd begin negotiations with the one? Mr. Luft: No. Mayor Suarez: No? Mr. Luft: No. That recommendation to the Manager was available strictly for his consideration... Mayor Suarez: I see. Mr. Luft: ... for him to then make a judgment and recommend to you... Mayor Suarez: OK. Mr. Luft: ... on behalf of the Admin stration, what should be done; approve or reject. Mayor Suarez: This is under the UDP (Unified Development Project) process, and under the law; not some norms that we've established internally, but under the actual letter of the law. Mr. Luft: Right. Mayor Suarez: All right. Mr. Luft: The Manager, at the last meeting, recommended rejection - actually at the June, June 29th. Mayor Suarez: That was not pursuant to any negotiations? Mr. Luft: No, sir. Mayor Suarez: That was pursuant to his own analysis of the process up to that point. Mr. Luft: His own analysis with consideration of the recommendation from the committee... Mayor Suarez: Of the accountants. Mr. Luft: ...but as - but only as a consideration. Mayor Suarez: And, also the evaluation from the CPAs or not? Mr. Luft: Evaluation from the CPA. 222 October 14, 1993 Mayor Suarez: Which I - no disrespect to CPAs - but I agree with my colleague, Commissioner Plummer, that I just don't see what sense there is to having CPA's make that evaluation... Mr. Luft: Yes. Mayor Suarez: ...although I also understand that it is happening and it is in fact in our ordinance. Mr. Luft: But... Mayor Suarez: I read the ordinance about 10 years ago when it was first drafted by esteemed former City Attorney, and I didn't like the ordinance... Mr. Luft: The larger... Mayor Suarez: ...at the time. It was 16 pages. I don't know how many pages it is now in our codified form. All right. Mr. Luft: OK. So, the Manager recommended weighing all of those issues and recommendations. He recommended to you, rejection. This Commission, on June 29, rejected his recommendation and referred, as the code requires, the issue back for reconsideration by the selection committee, so that they could in turn recommend directly to you what they felt should happen. Mayor Suarez: Which we presumably can do under the code. Mr. Luft: Right. The selection committee reconsidered the issue, this time with a full written report from Arthur Anderson in hand. The first time they met, last Spring, to consider this, they only had the oral presentation and a summary outline from Arthur Anderson. The second time around, after you sent it back to them, they had the full written report. And, it was based upon that information and reconsideration of the issue and the questions they had asked at that second time, that the committee voted four to three to recommend rejection. Mayor Suarez: All right. Mr. Luft: ...to you directly. Mayor Suarez: And, who... Who was the... Do we know who the vote was to change? Or, was it one individual who voted, or was there a whole scale change? Everybody that was before favorable... Mr. Luft: The vote was... No, sir.. One individual, Mr. Allan Poms from the Public Works Department. Mayor Suarez: OK. All right. He was very prominent at the Federal Building... Mr. Luft: And, he's... Mayor Suarez: ...dedication the other day. We know him. And, of course, we know he is... 223 October 14, 1993 Mr. Luft: ...our City expert on marinas. Mayor Suarez: ...he is a good professional from the City. Mr. Luft: Yes. I Mayor Suarez: So, then he came back with a four to three recommendation which is where we are now. Mr. Luft: To you... Mayor Suarez: Now, there was some kind of resolution from the Commissioner at one point, we think or they argued... Mr. Luft: And, it is now before the Commission to either accept or reject the committee's recommendation, which is to reject the proposal. Mayor Suarez: That said... We could theoretically, Mr. City Attorney, Mr. City Manager, we could theoretically reject the committee's recommendation - i in which case what would happen? Mr. Jones: It is dead. Mayor Suarez: No, if we rejected the committee's recommendation? Mr. Luft: The Committee recommended rejection. Mr. Jones: Yeah. If the committee... Mayor Suarez: If we said we don't want t accept the committee's recommendation, we want to proceed to negotiate with this group. Mr. Luft: Then you would accept the proposal; and instruct the Manager to... Mayor Suarez: Can we do that legally? Mr. Luft: ...negotiate. Mr. Jones: Then the only... Then the only other recommendation - the only other alternative you have is to accept the recommendation - the previous recommendation of the City Manager which was also rejection. Mayor Suarez: So, we have no alternative that allows us to proceed to build... Mr. Jones: No. Mayor Suarez: Sir, you are not our City Attorney, you may be in a position of litigating with the City Attorney. You probably ought to let him give his views in case you ever do sue us. Commissioner Plummer: If that is the only alternative that we have, why in the hell have we spent so much time on it? 224 October 14, 1993 q`:;.ivI Mr. Jones: Well, I tried to... Mayor Suarez: Tried to say... Commissioner Plummer: No, why didn't you tell us that from the beginning, that that was our only alternative that we could do? Mr. Jones: I did. Mayor Suarez: He did kind of say that we shouldn't get into it too much. But, we let them speak. Mr. Nunez: I think the other alternative... Mr. Jones: I did, but I don't control the meeting. Commissioner Plummer: Was I in the bathroom? What happened? I mean... Mr. Nunez: I think the only other alternative is what we've requested, to sent it back to the Selection Review Committee to comply wit proper procedures. Commissioner Plummer: That's not... That's not a choice, he said. Mr. Nunez: I think... Mr. Jones: You have two alternatives at this point. Either to accept the recommendation of the Selection Review Committee or accept the recommendation - the previous recommendation of the City Manager. Mr. Nunez: So, Mr. Quinn, let me just ask you this question... Mr. Jones: Which in neither case... which in either case it is the rejection of the proposal. Mayor Suarez: All right. According to the City Attorney... Mr. Nunez: OK, can I ask... Mayor Suarez: Please wait. Please, counselor. Mr. Nunez: OK. Mayor Su rez: According to the City Attorney we don't have to many alternatives here. We could, I presume, Mr. City Attorney, go back to that other alternative that I mentioned, which is simply reject the whole thing and send it back to the City Manager at this time to consider FEMA (Federal Emergency Management Agency) funding and everything else. I mean that just kind of starts the process all over again. Unidentified Speaker: That is what I am recommending. Mayor Suarez: All right. 225 October 14, 1993 Mr. Nunez: OK, I'll just like to ask... Mayor Suarez: And, now, one final statement from Ricardo as to what we - you think that we should legally do. And, then Commissioners, we have to grapple up with this and decide. Commissioner Alonso: Yes, please. Mr. Nunez: I just like to ask... Mayor Suarez: We've got Steiner, Wynwood. I mean, you know, this is just... Mr. Nunez: I'd just like to ask Quinn a quick question and then... Mayor Suarez: ...Adorno, I mean... Mr. Nunez: ...and then complete it with my statement. Mr. Jones, my question is, "You've told the Commission that they can either reject this proposal, which is accepting the Selection Review Committee's recommendation, or reject it by accepting the City Manager's recommendation. That they have no other alternative." Mayor Suarez: That is what he said. Mr. Nunez: That's correct. Is that still true, if in fact, the Selection Review Committee meeting which came up with this recommendation for denial was fraught with procedural and substantive errors? Mayor Suarez: No, he can't answer a question like that. You know that. But... Mr. Nunez: OK, well, then. I'll... Mayor Suarez: The rhetorical question is... it's accepted for the record. And, I am sure that he is not going to... he shouldn't have to answer that. Mr. Nunez: OK. And, given... Mayor Suarez: We've got enough problems of legal hassles here without having to answer that. Mr. Nunez: OK, given that there is no response to that, my... Commissioner Dawkins: Mr. Manager, I move the agenda. Mr. Nunez: ...my comment would simply be before you to vote that this item, in good faith, be deferred at least for a month, until the City Attorney can come up with an answer to that question... Mayor Suarez: All right. Mr. Nunez: ...in writing or discuss it at least with the applicant. So, that the applicant understands why this treatment has been correct and proper. 226 Octobe Mayor Suarez: All right. Thank you. OK, Commissioners. Commissioner Dawkins: I would be glad to do that, sir, if you would sign a waiver that once the City Attorney answers you, you will not go to court. There is no sense in this you make the City Attorney provide with stuff to go to court with. Mr. Nunez: I'll... Commissioner Dawkins: If you would tell me now that you are not going to court, I will direct the City Manager to give you the information you want. Mr. Nunez: Commissioner Dawkins, if the City Attorney came out with the right answer, which I think... Commissioner Dawkins: No, but see... Mr. Nunez: ...I know... Commissioner Plummer: I have been trying that for years, it doesn't work. Mr. Nunez: It is my only concern is in waiving my legal rights. Mayor Suarez: Ricardo, please. Mr. Jones: Mister... Mayor Suarez: The path shows that it's closed off. Commissioner Plummer: He is not a good attorney, but he is my attorney. Mayor Suarez: My suggestion to you, just in case and maybe my Commissioners will go along with it, if this Commission were inclined to simply refer back to the City Manager with the instructions regarding the additional FEMA moneys, et cetera, possibility of joint venturing and all of that, and we told him to negotiate with you for the next 30 days, starting all of that and then including the Dawkins amendment of a waiver of any rights to the moneys you spent up to now, that you've claimed might be damages against the City, et cetera... Does that sound like something that we should even bother to try tonight? Mr. Nunez: That certainly sounds like something I'd like to consider. I'll just make - just to clarify... Mayor Suarez: If it is worth considering, it is worth for you, it is worth for us. Mr. Jones: Mister... Mayor Suarez: I am not saying it will work, I don't even know if it you'll have the vote. Mr. Nunez: That's right. 227 October 14, 1993 Mr. Jones: Mr. Mayor, that is not possible. You got to bring some finality to this process which is either_ - as I indicated before... Mayor Suarez: Mr. City Attorney, I can't assume and I cannot believe that you are going to tell me that if we rejected all of the bids, and gave instructions to the managers - explicitly, to begin the process again taking into account the FEMA moneys... Mr. Jones: Yes... Mayor Suarez: ...the damage to the building... Mr. Jones: Yes... Mayor Suarez: ...and at the same time said hold off on the new RFP (Request for Proposals) process and the new consideration until you have clarified that these people are not going to sue us, that you would have any problem with that. Mr. Jones: Yes, I would... Mayor Suarez: All right. Mr. Jones: ...because what you essentially would be... Mayor Suarez: I should have known that you were going to tell me... Mr. Jones: ...doing would be starting the process all over again. But, before you even do that, you've got to make a determination one way or the other. Mayor Suarez: It wouldn't be accompanied by the determination that we are rejecting the present bid, sir. Mr. Jones: No, you've got to make a determination either to accept the recommendation of selection's committee... Mayor Suarez: We would build all of those recommendations in. I am just saying, if we start the process over again, we want to make sure we get a waiver from then. That's all I am saying, Mr. City Attorney. Mr. Harry Ward: Mr. Mayor, Mr. Mayor. Mayor Suarez: All right, I don't even know if it will fly. No, sir. You are finished. That is it. End-0, end of public hearing aspect issue. Your counselor has done a great job. lie has taken us through the hoops - I don't know how many hearings on this. I may be the only one that even is interesting in pursuing any of these other alternatives. So, I have to hear from my colleagues. Commissioner, what is your pleasure? Conmissioner Plummer: You turned my motion down. Commissioner Dawkins: Go ahead, get that... 228 October 14, 1993 Commissioner Alonso: What was it? Commissioner Plummer: Uphold the Manager and the selection committee's recommendation. Mayor Suarez: All right, so moved. Commissioner Plummer: No, I am not... Hey... Mayor Suarez: No? Comnissi.oner Plummer: No, I took defeat once, I am not... suicide. Mayor Suarez: All right, anyone else? If not, we are going just simply go on to -the next item which is in effect tabling it until somebody decides that they want to do something with it. Commissioner Plummer: In effect taking what? Mayor Suarez: We've got other matters here, folks. And, I don't know about you, but... Mr. Nunez: Thank you. Commissioner Plummer: Well, hey... You know, I'll make the motion again - I mean, I can die a second time. Mayor Suarez: Which is your motion? Commissioner Plummer: My motion is to uphold the recommendation of the selection committee. Mayor Suarez: OK. Commissioner Dawkins: What it the motion, J.L.? Mr. Luft: To reject. Mayor Suarez: To uphold the recommendation of the selection committee. The second recommendation, the one that is before us now, which is to reject the bid. Commissioner Dawkins: OK, thank you. Comanissioner Plummer: Which is the second time. Commissioner Alonso: Reject the bid. Commissioner Plummer: Yes. Commissioner Alonso: I second it. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. 229 October 14, 1993 c AI ewN Commissioner Plummer: I don't see where we've got any choice. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, THE HEREINABOVE MOTION TO UPHOLD THE RECOMMENDATION OF THE SELECTION COMMITTEE TO REJECT THE PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD AT DINNER KEY INC. FOR THE UNIFIED DEVELOPMENT OF DINNER KEY BOATYARD (2640 SO. BAYSHORE DR.) FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Vice Mayor. Victor De Yurre COMMENTS MADE DURING ROLL CALL. Commissioner Plummer: I am told by my City Attorney, I have no choice. And, I vote yes. Mayor Suarez: All right, the matter is still pending, so... Commissioner Plummer: Negative. Mr. Nunez: Thank you. Commissioner Plummer: Excuse me, it is not pending. It is defeated, the motion. So, the floor is opened for another motion. Mayor Suarez: So, the matter is still pending. Have a seat if you would like till Commissioner Plummer decides he is going to take over all of the rulings of the chair... Commissioner Plummer: No, two -two... Commissioner Alonso: No. Mayor Suarez: ...which he typically does around this time of the day anyhow. Mr. Luft: Mr. Mayor, may... Commissioner Plummer: Two -two is a defeat. Mayor Suarez: All right, so there is nothing. Commissioner Alonso: Nothing. Commissioner Plummer: I understand. Mr. Nunez: It is the effect of the tabling, I think. 230 October 14, 1993 vo- Commissioner Plummer: HUH? Mr. Nunez: The effect is of a tabling of the issue. Mayor Suarez: I... That's the way I deem it. Mr. City Attorney, if you want to try to give it another interpretation? Commissioner Plummer: No, I am not fighting the issue. Mr. Jones: I mean you still... Mr. Luft: Mr. Mayor... Mayor Suarez: We haven't acted, folks. We have not acted... What is Mr. Luft going to do now? Mr. Luft, would you please just step back from the microphone. Step back from the microphone. We are not hearing from staff. We were going to hear from the City Attorney. He didn't have any particular I helpful suggestion at this point. We have a two to two vote, stalemate. No action, by any rule that I understand that means that we are exactly where we started this meeting after hearing all of these arguments. Counsel, if that helps you, I don't know. Mr. Nunez: Yes. Mayor Suarez: Doesn't help me get through the agenda except that it is my ruling that the matter is no longer under consideration... Commissioner Plummer: Aren't we going to the next item? Commissioner Alonso: Yes, let's go. Mayor Suarez: ...by this Commission. We are going on to the next item? Commissioner Plummer: Are we going to the next item. Mayor Suarez: Yes, sir. Commissioner Plummer: Which is what number? 231 October 14, 1993 4.: --- ------------------------------------------------------------- 48. GRANT REQUEST BY AMERICAN AIRLINES MIAMI MILE FOR: (a) CLOSURE OF DESIGNATED STREETS CONCERNING AMERICAN AIRLINES MIAMI MILE FOR WEEKEND IN MONTH OF JANUARY 1995 - 1999 OCCURRING ONE WEEK PRIOR TO NFL SUPER BOWL; (b) GRANT MIAMI MILE'S REQUEST FOR EXCLUSIVITY AS THE ONLY DOWNTOWN FOOTRACE OF ANY LEN Uf IN MONTE OF JANUARY FROM 1994 UNTIL 1999 -- EXTEND FOR 5 YEARS BASED ON PERFORMANCE OF STAGING A WORLD -CLASS TELEVISED RUNNING EVENT'. ------------------------------------------------------------------------------- Mayor Suarez: Item 40 is the one I read here. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Plummer: It is one of the best activities in television time that we have in this Community. Commissioner Alonso: Which? Commissioner Plummer: The Miami Mile. Commissioner. Alonso: We said we were going to take the Wynwood item. It is twenty what? Unidentified Speaker: Thirty-one. Commissioner Alonso: Twenty-one? Commissioner Plummer: Thirty-one. Miller, 31. Commissioner Alonso: OK. Commissioner Plummer: Are we doing 40 or are we not doing 40? Mayor Suarez: Yes, please. Commissioner Plummer: I moved 40. Mayor Suarez: Forty has been moved. Commissioner Plummer: The Miami Mile. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. 232 October 14, 1993 4� The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-665 A RESOLUTION AUIHORIZING THE AMERICAN AIRLINES MIAMI MILE ("EVENT"), CONDUCTED BY THE MIAMI MILE COMPANY, SAID EVENT TO BE HELD ANNUALLY EACH JANUARY ON THE WEEKEND PRIOR TO THE DATE OF THE NATIONAL FOOTBALL LEAGUE SUPER BOWL, BEGINNING IN 1994 AND CONTINUING THROUGH 1999; AUTHORIZING THE CLOSURE OF BISCAYNE BOULEVARD AND CERTAIN INTERSECTING ROADWAYS IN DOWNTOWN MIAMI, SAID CLOSURES FOR THE INTERSECTING ROAJ DWAYS TO BE DETERMINED EACH YEAR PRIOR TO THE EVENT; PROHIBITING DURING THE MONITI OF JANUARY SIMILAR FOOTRA.CES OR MARATHONS IN THE DOWNI'OWN MIAMI AREA, PARTICULARLY ON BISCAYNE BOULEVARD, I SAID APPROVALS ADZ AUTHORIZATIONS SUBJECT TO THE ORGANIZERS (A) HOLDING THE CITY HARMLESS FROM ANY LIABILITY AND COVENANTING THAT THE CITY WILL NOT BE HELD LIABLE SHOULD THE AMERICAN AIRLINES MIAMI MILE REQUIRE RELOCATION, DUE Zb ANY PROJECTS OR IMPROVEMENIS AFFECTING THE DOWNTOWN AREA; (B) OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (C) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT. (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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre ------------------------------------------------------------------------------ 49. GRANT REQUEST BY THE CATHOLIC SERVICES OF LITTLE HAVANA FOR RENEWAL OF RENTAL FEE WAIVER FOR OFFICE AND CLOSET SPACE OCCUPIED AT MANUEL ARTIME COMMUNITY CENTER TO PROVIDE SOCIAL SERVICES TO THE SOCIO-ECONOMICALLY DEPRIVED. --------------------------------------------------------------------------------- Mayor Suarez: Item 41. Rental fee waiver Manuel Artime Community Center. We usually do this by a tricky... Commissioner Alonso: Move it. 233 October 14, 1993 Mayor Suarez: ...device that says that you are the only one that is a... Commissioner Alonso: Yes. Mayor Suarez: ...holistic social service agency. Ms. Alicia Del Toro: Social service agency. Mayor Suarez: I am sorry to use that term. That is twice in one day here at this Commission. Commissioner Plummer: Oh, boys Mayor Suarez: Moved. Commissioner Plummer: Second it. Ms. Del Toro: Before... Before you move it. Mayor Suarez: Oh, I can't believe you are actually going to interrupt at this point when things... Ms. Del Toro: No, no, no. On the closet space, we have to go retroactive. Mayor Suarez: A closet space... Mr. Manager, please resolve the closet space. Whatever it is she needs. And build it into this motion. Ms. Del Toro: OK. Mayor Suarez: This Commission barely has time to do the important things. Mr. Cesar Odio (City Manager): Yes... Commissioner Alonso: Yes. Mayor Suarez: Thank you. Ms. Del Toro: Thank you very much. Mayor Suarez: Very good. Commissioner Plummer: Call the roll. Mayor Suarez: If you have no idea what just transpired, neither do I. But obviously we are leaving it up to the Manager to solve it. Moved and seconded as to the closet space included in there. Yes, call the roll. 234 October 14, 1993 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-666 A RESOLUTION WAIVING THE USE FEE FOR OFFICE SPACE AT THE MANUEL ARTIME COrM'IUNITY CENTER FOR THE CATHOLIC COMMUNITY SERVICES, INC., LITTLE HAVANA OUTREACH OFFICE, FOR THE PERIOD OF OCTOBER, 1993 THROUGH SEPTEMBER, 1994, IN AN AMOUNT NOT TO EXCEED $5,377.56; FUR'IBER, WAIVING THE USE FEE FOR THE CLOTHES DISTRIBUTION SPACE AT THE MANUEL AR`I'IME COMMUNITY CENTER FOR THE CATHOLIC COMMUNITY SERVICES, INC., FOR THE PERIOD OF JANUARY, 1992 THROU(�I SEPTEMBER, 1994, IN AN A240UW NOT TO EXCEED $742.50. (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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre ------------------------------------------------------------------------------ 50. DIRECT CITY MANAGER TO WORK WITH COCONUT GROVE LOCAL DEVELOPMENT CORPORATION TO DEVELOP AN APPLICATION TO FEDERAL GOVERNMENT FOR A SECTION 108 LOAN ($1,986,500) TO DEVELOP THE TIKI PROJECT, TO BE GUARANTEED BY CDBG FUNDS. ------------------------------------------------------------------------------- Mayor Suarez: Item 42, Coconut Grove LDC (Local Development Corporation). I saw Mr. Alexander David or David Alexander. Commissioner Alonso: Remember 31. Thirty-one the Wynwood. Mayor Suarez: Oh, I am sorry. Commissioner Plummer: Well, I'll like to hear from the Manager first on this one. Mr. Manager, your recommendation. Mr. Cesar Odio (City Manager): The AM float is guaranteed by the letter of credit of Community Development, failure to repay causes a reduction in future CDBG allocations. If the City Commission is interested in doing this, we will 235 October 14, 1993 have to work with the Coconut Grove Local Development Corporation in developing such an application. In other words, we use the float loan moneys but the amount, that is recallable... Mr. Frank Castaneda: Yes. Mr. Odio: ...and we are putting our credit line on it. And that is what we are using. Commissioner Plummer: If the money were to be recalled wouldn't it not be recalled by us? Mr. Odio: We are the only ones that can recall it. Mr. Castaneda: Commissioner, this is section 108. Basically the Federal Government will provide the money to the City. But it... Mr. Odio: Right. Mr. Castaneda: ...will be guaranteed by the letter of credit of the City and if the corporation fails to repay, the City will pay out of future earnings from our letter of credit. Commissioner Plummer: OK. Assuming that they are going to pay back the loan, under what terms and what conditions? Mr. Castaneda: We will have to negotiate... Mr. Odio: We will have to negotiate. Mr. Castaneda: ...negotiate that. But the interest rate is basically... Mr. Odio: And we can bring back a contract for you to approve. Commissioner Plummer: That's what I think we ought to do. Mr. Odio: If you approve this... Mayor Suarez: Do you need any kind of a motion in principle? Mr. Odio: I want the motion that is saying that we are willing to put up the letter of credit. And, I do recommend that we do so. Mayor Suarez: All right. I entertain a motion to that effect. And then the final... Commissioner Plummer: Well... Mr. Odio: We come back here with a... Mayor Suarez: ...fine points will be brought back to us so that Plummer can spend three days going through this. Commissioner Plummer: OK, but if we fail to... 236 October 14, 1993 Mr. Odio: Yes. Commissioner Plummer: ...if we fail on the contract then that motion or that interjection of the Mayor will be eliminated. Is that correct? Mr. Odio: What is that, I am sorry? Commissioner Plummer: The idea of the letter of the credit put up by the City in which we, the City, would have to repay it if they fail. In other words, you are going to bring us back terms and conditions. Mr. Odio: We'll bring back the terms and conditions... Commissioner Plummer: OK. Mr. Odio: ...that is negotiated with them. Commissioner Plummer: OK. Mr. Odio: And then you... Commissioner Alonso: So this is in principle? Mr. Odio: In principle. Commissioner Plummer: Yeah, my immediate concern has to be where the Local Development Corporation is going to get the money to repay the loan? (INAUDIBLE BACKGROUND COM ERM NOT ENMRED INTO THE PUBLIC RECORD) Commissioner Plummer: I can't see it been regenerated. Excuse me. ( INAUDIBLE BACKGROUND COMNlEDTI'S NOT ENMRED IWO THE PUBLIC RECORD) Mayor Suarez: Please, please, please. Mayor Suarez: Are you my brother-in-law? OK. (INAUDIBLE BACKGROUND COYMgI'S NOT ENIERED INTO THE PUBLIC RECORD) Commissioner Plummer: No, I say that in all honesty. Mayor Suarez: He always says that and nobody ever responds. That has to be... Commissioner Plummer: From two million dollars of a loan, even at a one or two or three percent interest, where is the money going to be generated to repay the loan? And I think that is a very viable question on that corner in particular. Mr. Odio: It is five percent. It is five percent interest. 237 October 14, 1993 Commissioner Plummer: Five percent... Whatever the interest is, where - you know - the project, as I know it, is going to be a restaurant. Is that correct? Mr. Yaromir Steiner: That's correct. Commissioner PlunTner: OK. Restaurants have tried and tried and tried, and have not been successful. Now, what happens in default? Are we going to hold the Local Development Corporation in anything and everything they own? Are we, the City, going to take it over? Mayor Suarez: Let me complement that question, and as some dovetailing into that. We are not suggesting that there is going to be any kind of a full faith in credit situation. I mean, you are talking about a letter of credit from some funds that would not be general... Mr. Odio: Section 108 is just like the Sports Arena Bar that was approved just recently. Mayor Suarez: Right. It never would result in the City having to pay out of the General funds. Mr. Castaneda: No, no. It would come out of the Community Development Block Grant. Commissioner Alonso: No. Mr. Odio: It comes out of Federal funds. Commissioner Plummer: Excuse me, that is future things that we would have to spend that we won't have. Mr. Castaneda: That's correct. Mr. Odio: That's correct. Mayor Suarez: I understand that. Yeah, I mean... Commissioner Plummer: Now, again, I am asking the question, "How do you anticipate the revenue to pay this loan back?" I am assuming you are talking a 20 year loan, OK, at five percent, if that is what it is. That means roughly they are going to have to come up with how much a year to pay back to keep this loan active? Mr. Steiner: One hundred thousand. Commissioner Plummer: A hundred thousand a year. Mr. Odio: One hundred thousand dollars. Mr. Steiner: Plus to amortization of the principal which will be maybe another 25. Commissioner Plummer: Al right. I don't know where you are going to generate $100,000 is my concern. I'm also concerned... 238 October 14, 1993 (INAUDIBLE BACKGROLM COMMEM-S NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Oh, I am sorry, are you ready to answer? No, let me give you the other area of concern. Mr. Manager, that if this does fail, that it be written into the contract that when we have to pay out of future earnings, that money, that that whole project becomes the property of the City of Miami. Mr. Castaneda: That would be. Commissioner Plummer: And also anything that the Local Development Corporation owns, that we will take that amount back from them. It is only fair. Mr. Steiner: It will take about 1,000 years. Commissioner Plummer: About 1,000 years? Well, I am in no hurry. I am in no hurry. Commissioner Dawkins: Then you all stand there and give - tell them to give you a loan that will take 11000 years to pay back? Mr. Steiner: Miller, I didn't say that. Commissioner Dawkins: That is what you said. Commissioner Plummer: No, because he is digging McFarlane to put parking underneath of it. He is... Mayor Suarez: OK. Mr. Odio: We'll bring the contract back. Mr. Steiner: Yaromir Steiner, 7660 S.W. 146th Street. Commissioner Plummer: You are the one that is up there dirtying up Grams Avenue, is that... Commissioner Alonso: Yes. Mr. Steiner: No, it is not me. I am one of the directors of the Local Development Corporation and we are working on this project. Commissioner Plummer, you are right. We have to create a business who is going to be able to pay this bill. The grant money can be use either on a productive way like this one, were we create a business who creates jobs and creates profits, and he basically pays the loan back, or it can be spent every year and gone for ever. What we are asking you is to create that business in a business that we believe will be successful. In order to make it successful, we surrounded ourselves with qualified people. Constructa, the people who developed CocoWalk and myself will be responsible for the development part of it. That is the building, organizing the building construction and so forth. We have Wes Skyers, who is a gentleman who has over 10 years of experience in opening restaurants, operating businesses, who is going to be helping us operating it. 239 October 14, 1993 And we are surrounding ourselves also with the advise from people who own Tu- Tu Tango and who operate other restaurants in the area. We intend... In order to be able to pay the $125,000 a year, we need to generate a sales volume which is about 1.5 to 2 million dollars in that restaurant. This is a sales volume which can be achieved if certain conditions are fulfilled. We are seeing this as a restaurant first which will I mean I wasn't intending to make the presentation this way, but it is going to present its share. But I can tell you it is going to b2 a restaurant which will, you know, which has as its theme the black heritage of Coconut Grove, the Bahamian heritage, but also the other African -American heritage and also the Caribbean Islands experience, all mixed in some kind of a format which will be unique and not - the equal of it doesn't exist in this area. Commissioner Plummer: What about the half a million dollars we gave to GUTS (Grove United to Us)? Mr. Steiner: Well, that money is been used... Commissioner Plummer: Where... Mr. Steiner: ...to purchase the property which we are going to use in order to develop this... Commissioner Plummer: Do we have a reverter clause on that property, Thelma? Mr. Frank Castaneda: We have a first mortgage. Mr. Steiner: Yes, you do. Con dssioner Plummer: If you default, we get that property back? Mr. Steiner: Commissioner, what happens is when you made the loan to the City, the City is going... Mayor Suarez: He just asked a technical question. Commissioner Alonso: Yes. Mayor Suarez: Yes, in fact, you have better than a reverter clause. Mr. Steiner: Yes, you get a second mortgage. Mayor Suarez: You have a first mortgage. Mr. Steiner: All right. And once this - we are going to have a 200 to 250 seat banquet facility. As you well know, in this Community there is not an African -American owned or a black owned hospitality facility which can accommodate this kind of business. We believe that we'll get a big chunk of our business, at least $750,000 worth of it, out of banquet businesses with professional associations and, you know, and maybe even government generated businesses. We are going, in addition to that, we are working with the local community, with Billy Rolle who is helping us on the entertainment side. He was - he opened Tiki Club in ' 52 actually and he played there for about 20 years. And, we are going to have there also in the evenings, in the banquet 240 October 14, 1993 facility, you know, music which will be related also to that experience. We believe that it is going to be a facility that will attract people from all walks of life. We expect to get tourists to come here. That will be genuine blues and original blues music place where you are going to be able to come and play. Commissioner Plummer: Are your services pro bona? Mr. Steiner: Yes, I am doing it entirely pro bono. Commissioner Plummer: David? Mr. Steiner: David is a paid executive... (INAUDIBLE BACKGROUND Ca4MqI5 NOT ENTERED INM THE PUBLIC RECORD) Commissioner Plummer: No, the other guy, he is entitled to a profit. He is going to run the restaurant. Mr. Steiner: Right. So, we are thinking then, and we believe that there is over - you know that two out of three restaurants go out of business within the first three years of their operations. We know that the odds are high. But, on the other hand, we - the Local Development Corporation - is in the business of creating job opportunities, economic development in the West Grove, and in order to bring in... In order to bring in visitors to this part of the community, there aren't many other activities you can develop in that area. That business will generate 80 to 100 jobs, bring security to the area, bring new construction, and we are asking basically your support to - for the City to apply for the 108 grant. And again this grant will be paid back, if there is any failure on our side, you will be able to get the property back. You'll have a second mortgage on it. And then you will be able to get - I mean, pay back the default if there is one - through the future grant funds you will receive. Mayor Suarez: You want to reserve all of the fine points analysis as to... Commissioner Plummer: When we see a contract, yeah. Mayor Suarez: OK. I'll entertain a motion then, in principle that we - with the application... Commissioner Plummer: I'll move in principle that we send it to the Manager to come back with a refined and final contract for this Commission's approval. I so move. Mayor Suarez: OK, so moved. Commissioner Dawkins: Second it. Mayor Suarez: Seconded. Cor►mi.ssi_oner Plummer: Send it to the manger to develop a contract and bring it back to the Commission. 241 October 14, 1993 Mayor Suarez: Call the roll. Commissioner Alonso: Yes. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-667 A MOTION GRANTING REQUEST BY REPRESENTATIVES OF THE- COCONUT GROVE LOCAL DEVELOPMENT CORPORATION; FURTHER DIRECTING THE CITY MANAGER TO ASSIST SAID GROUP IN DEVELOPING AN APPLICATION TO BE SUBMITTED TO THE FEDERAL GOVERNMENT FOR A SECTION 108 LOAN IN THE AMOUNT OF $1,986,500 IN ORDER TO DEVELOP THE TIKI PROJECT, AND TO COVE BACK WITH A REFINED AND FINAL CONTRACT FOR THE COMMISSION'S FINAL CONSIDERATION AND APPROVAL. 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre COMMENTS MADE AFTER ROLL CALL. Mayor Suarez: I think we should go back to the Wynwood matter. But I just want to know if any of the folks are here on item 43, Mr. Klausner, the Softball Club Inc., Yayabo, are they here? (INAUDIBLE BACKGROUND COD24ENM NOT ENTERED INTO THE PUBLIC RECORD) Ms. Esther Mae Armbrister: May I ask a question, please? Mayor Suarez: Are you somehow... Wait a minute, are you somehow involved with Klausner, now? Have you been involved with Klausner for a while? (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO) THE PUBLIC RECORD) Mayor Suarez: God help you. All right. Ms. Armbrister: I would like to ask some question. I know you aren't highly paid in salary. But I wish you would take the time sometime to ride out in 242 October 14, 1993 Coconut Grove and see what is happening. At the present time, you have allowed them to build a parking lot - enclosed parking lot - you have a ... You have built a home by 50 feet from the parking lot. The City is in the process now of buying a house between the home that you've already sold for $59,000 and the parking lot. Mayor Suarez: Mrs. Armbrister, I think that you have to direct those comments to the staff. We've got to get back to the agenda items. And, I think... Ms. Armbrister: Well, look, this is what you always do. Mayor Suarez: Well. Ms. Armbrister: If you got to direct the question to the staff. But, we need some... Mayor Suarez: Then maybe we need new Administration. But, in this particular case, ma'am, I am going to rule you out of order and tell you that we are going to go back to the Wynwood matter. Please have a seat, refer to the Administration. And, obviously, they should look in all of your concerns as to the Grand and Douglas corner. God knows you've worked hard in that area for many many years. All right, I am sorry. The Wynwood item was thirty what? Ms. Armbrister: This is a trip! ------------------------------------------------------------------------------ 51. DISCUSS AMID DEFER TO OC'IOBER 21ST COMMISSION MEETING CONSIDERATION OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND THE WYNWOOD FOREIGN TRADE ZONE. (See label 55) Unidentified Speaker: Thirty-one. Mayor Suarez: Thirty-one. Ms. Armbrister: I agree with you. Mayor Suarez: Please, please. You can agree with Mr. Gonzalez-Goenaga all you want. I'm not going to change my ruling. That's for darn sure. Ms. Armbrister: I know that, sir. Mayor Suarez: Please, you are going to end up with the same fate as Mr. Gonzalez-Goenaga, which is that he has been, from time to time, placed in custody. If at any time I were to walk out of this presentation, Mr. Adorn... Not only don't- take it personally; don't assume that I am somehow against your position. I was the other time, by the way. In this particular case, I am more inclined to go your way. So, if I step out is because I've got a couple of other things to do. Some of us have law practice so you can understand that. It's 5:46, you know some calls cannot get returned after that time. So, please don't take it personally. In any event, I see a lot of 243 October 14, 1993 Wynwood signs. What exactly is the juncture that we are in? I mean, is this is not... I mean, I have a letter here from Father Menendez, distinguished prelate in the... Commissioner Alonso: Good, all females. Commissioner Alonso: We are impressed. Mayor Suarez: ...community. And, as he says here - and I am translating roughly, Hank - "I'd like to be made this part of the record," and I've got the text in Spanish which I will introduce into the record. I would - I am not able to stay any longer because I've got to go to a radio program. And, so please be good to this Commission. "I have an agreement with the foreign trade zone, or the free trade zone. But, I also want to say that there has to be some accountability with the agency, and they should answer to a higher authority, that being the City of Miami, since the Commission is elected by the people and to serve the people. That is to say Wynwood. I would like to see the foreign trade zone serve the Community. And in a special way "underlines this 11 those who live in that area. And, that all of the people who live in that area be assured some voice in the board of the Wynwood Foreign Trade Zone. This is introduced into the record. I thought it was important to read it before your presentation because it mirrors exactly my view. And, I think maybe that of this Commission as we have expressed it. We support the Foreign Trade Zone. We don't know what the signs mean in that sense. But, we'll see. But, we also want to see the board be very responsive, and today, I am not sure that we can solve both of those priorities. But, we'll try. Commissioner Plummer: Mr. Mayor. There is a difference between responsive and representative. Now, as I recall, I was absent at the last time this matter was discussed before this Commission. But, I did watch the rerun on cable. And, it was very, very, very evident that this Commission was adamant, that there was going to be at least 51 percent of that board appointed by this Commission. Am I in the ball park? Mr. Cesar Odio (City Manager): No. It was five members of the board. Mayor Suarez: No less than 50. Mr. Harry Adorno: Commissioner... That's not the point. Commissioner Plummer: Five out of the twelve. OK. My thinking - and I'll just express it very quickly - my thinking is that it should be a fifty-fifty, all right. And, I say that predicated on the fact that neither the City nor any other entity would have full control without one having veto over the other. They would have to go jointly. I, of course, was very upset because that one which I nominated to the board was rejected. And, I thought that that was wrong. But, what I am saying to you is there is a lot of dollars that are involved in this, and I think that that's where the whole thing is got to weld together. Fifty-fifty means, very simply, the City cannot dictate to Wynwood and Wynwood cannot dictate to the City. They have to go down that road together. I see nothing wrong with that whatsoever. And, that's my thoughts on the matter.. 244 October 14, 1993 Mr. Adorno: Mr. Mayor. I'd like to put this thing in perspective because I... At least why we are here is different than both the Mayor's comment and Commissioner Plum mer's comment. Fist of all, my name is Hank Adorno, 2601 S. Bayshore Drive. Our firm represents Dade Foreign Trade Zone, Inc. That is a Florida corporation, privately held. It is the entity that has entered into a long term ground lease with Wynaood Community Economic Development Corporation to construct a foreign trade zone on the 12.6 acres that this Commission gave to Wymwood back in 1990. I am not here representing Mfnwood. They are here and are represented by other people. The reason we are here and the reason that we... We are the ones that asked that it be brought to the Commission because we need Commission action. And, let me try to lay the factual scenario. We are not here to argue what I perceive as a battle between the City of Miami. and Wynaood over control of that particular organization. Commissioner Dawkins: Where did you get the idea from... Where did you get the idea from that the City Commission was attempting to control whatever you are talking about? Where did that idea come from? Mr. Adorno: Commissioner Dawkins, I did not say that. And, I very specifically... Commissioner Dawkins: What did you say? Mr. Adorn: ...did not say the Commidssion... Commissioner Dawkins: What did you say then? Mr. Adorno: I said the City, because I've had no... Commissioner Dawkins: Well, who is the City other than the City Commission - the Attorney? Mr. Adorno: Commissioner Dawkins... Commissioner Dawkins: Yes. Mr. Adorn: ...in my conversations, that lead me to that conclusion, is with your staff. I have not had any conversation with any Commissioner that has led me to conclude that they have a fight. Commissioner Dawkins: OK, thank you. Mr. Adorno: And, I apolo... But, that's why I try to chose my words carefully and I said City. Commissioner Dawkins: OK. Well, then if you say City Administration, then you take us out of it. Mr. Adorno: From now on I will make... Mayor Suarez: We like to think we are as much the City as the Administration, if not a little bit more maybe from time to time. Although, that's not always clear. 245 October 14, 1993 Mr. Adorno: In any event, let me try to get everything into perspective here. Not only do we have a long term lease that was negotiated at arms' length with both sides being represented by counsel, we also entered into an operating agreement. In essence, Wynwood has leased the property. They are the landlord of the land that you gave to than specifically for the construction of a foreign trade zone, and we also will operate it. It is also our intentions, and the plans have been discussed at length with everyone, that not only do we intend to develop that particular 12.6 acres site, but we also intend to develop other sections of Wynwood and give you what i:, is that Wynwood wanted and what you agreed to. And, what you, everyone envisioned was the creation of thousands of jobs for the particular Wynwood area. Mayor Suarez: You are not here by any chance on the issue of a corrective deed, are you? Mr. Adorno: I am here both on the corrective deed which the City - your staff, the Administration - has refused to sign. Mayor Suarez: Right. Mr. Adorno: But, more importantly... Mayor Suarez: What else? Because if we were inclined to vote very quickly on a corrective deed, then, you know, we'd have a lot of other things that we can get accomplished. Mr. Adorno: You can avoid me talking any further. But, there is another issue. Commissioner Dawkins: No, but even if we don't, we can avoid you talking any further. Because it is either yes or no. Mayor Suarez: Is there something else beyond that? Mr. Adorno: Yes, sir. Mayor Suarez: OK, well. Mr. Adorno: Yes, sir. And, let me try to explain that. Commissioner Ca... Mayor Suarez: Carollo, now! Mr. Adorno: You know, I really was going to start this meeting by pulling out a hard hat from my last appearance. And, now I am starting to think that I really should have brought it. Mayor Suarez: Was it that bad? Mr. Adorno: In any event, Commissioner Plummer raised the issue of a reverter clause. In your original special warranty deed - and by the way, the corrective deed is for scrivener's errors but a very significant error - and that is that the legal description is wrong. That is the purpose of the corrective deed. There is nothing else of any substance. 246 October 14, 1993 Mayor Suarez: All right. Mr. Adorn: However, that has just been the excuse to delay us getting to the point that were we can build this. Under the special warranty deed, you did provide a reverter clause. And the reverter clause, which is paragraph five , provides that in the event within a time period - five years - Wynwood was not capable of getting the license from the Federal Government to do the foreign trade zone, not capable of getting the financing or getting the construction, the property would revert back back to you. That was it. Mayor Suarez: What do you want us to do with the five year clause? Mr. Adorno: Nothing. In addition, you had a provision that in the event that they mortgaged 'the property, or they conveyed, or sold the property, that you, you the City of Miami, had to give permission. When Dade Foreign Trade Zone came to us, we gave them the legal opinion that we did not believe that the City Commission's approval needed to occur because this is a lease, it is not a sale or conveyance. That is a legal interpretation. However, we gave them the practical situation that since they were going to do a major development in the City of Miami, and they were going be dealing with the City of Miami on a regular basis on issues such as zoning, planning, building permit, that we thought it was in the best interests of everyone to just go to the City because the special warranty deed also provides that it shall not be unreasonably withheld. And, we cannot conceive of any legal or practical reason why the approval of our lease - which has already been signed and executed between us... Mayor Suarez: Is that in the wording or is that from legal interpretations that the consent shall not be unreasonably withheld? Ms. Linda Kearson (Assistant City Attorney): That is in the actual deed. Mr. Adorno: That's paragraph ten. Mayor Suarez: I don't know why we would put that in, I mean... Commissioner Plummer: Well, what is reasonable? Mayor Suarez: No, no, I mean, but, I just wonder why we would put that in. Mr. Adorn: It doesn't make... Even if you didn't put it in, the law builds it in it. You can not unreasonably withhold consent. Mayor Suarez: Well, but... It's nice to have it in there, Hank, as you know. Commissioner Plummer: Let me... Hank, let me ask you this question. Mr. Adorn: Yes, sir. Commissioner Plummer: Has your group that you. represent made other commitments with other organizations? Mr. Adorno: If you are specifically referring to the consulting agreement with Mr. Rios, that became a major stumbling block. Although, we did not have 247 October 14, 1993 the legal right to ask Mr. Rios to rescind that agreement, because it became a stumbling block, Mr. Rios, on his own, has terminated that consulting agreement with us. So, that is no longer... Commissioner Plummer: And, will not get compensated in any other way? Mr. Adorno: That is correct. Commissioner Plummer: No, my other question comes back to - we have a memo to that effect, thank you. My other question is has your people that you represent made any other agreements/leases with any other organizations? Mr. Adorno: The only agreements that I am aware of, is the ground lease with Wynwood and then the operating agreement with Old San Juan which is wholly - owned subsidiary of Wynwood. So, all our deals have been with Wynwood or a Wynwood controlled entity. Commissioner Plummer: Is Old San Juan for profit? Mr. Adorno: Yes, sir. And, it is explaine in the proposal that we gave to you. Old San... Commissioner Plummer: Is it anticipated that Old San Juan could conceivably develop 200, 300 thousand dollars a year as a custom's clearance house? Mr. Adorno: The answer to that is I really don't know the number. But, we are the ones that manage, we pay Old San Juan. Old San Juan is... Commissioner Plummer: And, Old San Juan is who on the board? Mr. Adorno: It's, to my understanding, it is controlled by the Wynwood Board. It's my understanding and I am not... Commissioner Plummer: It's the same board that, in fact, is the Wynwood Board. Mr. Adorno: Yes, sir. My understanding is that they did this for tax reasons. Commissioner Plummer: OK. Mr. Adorno: That because if you get certain amount of money... Commissioner Plummer: And, what commitment does this City Commission have, or can it control, of what that money is going to be used for - namely to make sure that it is used for the development of the Wynwood Community? Mr. Adorno: My comment... Commissioner Dawkins: And, take it a step further, J.L. Wait, take it a step further, J.L. Who are the principals since you say this is a for -profit organization? Who are the principals who will receive this money that's supposed to go back to Wynwood? 248 October 14, 1993 l Mr. Adorno: It is the Wynwood Board, is my understanding. If... Commissioner Plummer: But, it is for -profit. Commissioner Dawkins: But, the Wynwood Board owns Old San Juan? Mr. Adorno: Yes. Wynwood, not -for -profit, owns Old San Juan. It is created because in order for them to maintain their not -for -profit, they can only have a certain amount of income coming in. Commissioner Plummer: Yeah. Mr. Adorno: It is a common thing that not -for -profits do. Commissioner Dawkins: Every day. Commissioner Plummer: Hank. Mr. Adorno: Yes, sir. Commissioner Dawkins: Every day. Mr. Adorno: But, the answer to you is - whoever sits... Commissioner Dawkins: Every day. Every day. Mr. Adorn: ...whoever sits on the board of Wynwood, controls the board and what happens in Old San Juan. Commissioner Dawkins: Does anyone in Old San Juan receive a salary? Mr. Adorno: I'd... You'd have to ask the representative of the Old San Juan. I do not represent them. And, that's the one thing I got to get perfectly clear. Commissioner Dawkins: Well, you just... How could you...? Commissioner Plummer: You don't represent them. But, your group made an agreement with them. Commissioner Dawkins: That's right. Mr. Adorno: We entered into a contract with Old San Juan to manage... Commissioner Dawkins: Well, then, what are the terms of the agreements? Commissioner Plummer: And, you don't know who your group... Mr. Adorno: Our terms? Commissioner Dawkins: What are the terms of the agreement that you entered into? Mr. Adorno: We manage the foreign trade zone. And, then they receive payments. Those payments... 249 October 14, 1993 Commissioner Dawkins: What payments? What rate of payment - what percentage of payment? Or what? Unidentified Speaker: One percent. Mr. Adorno: I... May I? Commissioner Dawkins: OK. I have no problem, no problem. No problem. Vice Mayor De Yurre: Let me ask, do we have a copy of the agreement? Mr. Adorno: Yes. Ms. Karen Wilson: Yes, sir. My records reflect that the agreement between Dade Foreign Trade Zone and Old San Juan indicates that Old San Juan will be paid a management fee... Vice Mayor De Yurre: But, do we have a copy of the agreement? Ms. Wilson: Yes, sir, we do. Yes, sir, we do. Mr. Adorno: Yes. Vice Mayor De Yurre: Do we have the principal of Old San Juan? Ms. Wilson: Yes. Vice Mayor De Yurre: As a for -profit corporation? Ms. Wilson: Yes. Vice Mayor De Yurre: Who are the directors? Ms. Wilson: Yes, sir. Vice Mayor De Yurre: Who are the officers? Ms. Wilson: And, a letter dated April 30th of '93. It's indicated that the current board of directors of Old San Juan consist of Gamiel Rivera, William Rios, and Nilsa Velazquez. That's the last... Commissioner Pliumier: Three people? Ms. Wilson: Yes, sir. That's the last information I have. Vice Mayor De Yurre: OK, who are the stockholders of Old San Juan? Mr. Adorno: The Wynwood. Wynwood. Vice Mayor De Yurre: No, I want to see if we know what we are talking about here. I am asking the Administration. Who are the stockholders of Old San Juan? 250 October 14, 1993 Ms. Wilson: The last information that I have available to me, sir, indicates that those three individuals, only, are the board of directors of Old San Juan. Commissioner Plummer.: Do I have a copy of the contract of Old San Juan? Vice Mayor De Yurre: Who are this... Who owns... Mayor Suarez: Wait, wait. I am sorry, Commissioner. Vice Mayor De Yurre: J.L... J.L... Mayor Suarez: We've got to complete one line of inquiry here. Commissioner Plummer: Go ahead, go ahead. Mayor Suarez: He wants to know who the stockholders are. Vice Mayor De Yurre: I only speak three times a day. Mayor Suarez: All right. Vice Mayor De Yurre: And, the three or four times you interrupt me. Commissioner Plummer: I try hard. Mayor Suarez: If you know. If you don't know who the stockholders are, say I do not know. But, can we do that way? Is that... Ms. Wilson: Yes, sir. Yes, sir. I do not know the current stockholders of the board of Old San Juan other than what was supplied to me in April. Vice Mayor De Yurre: OK, do you have - and I guess Frank may know - if you know, Frank, speak up and help us out. Do you know who the stockholders of Old San Juan are? Mr. Frank Castaneda: To the best of my knowledge there is only one stockholder which is the not -for -profit entity. But, I have not seen the stocks of the corporation. Vice Mayor De Yurre: OK, we have not seen much of anything, have we? Mr. Castaneda: That is what has been represented to us. Vice Mayor De Yurre: Huh? Have we? We have not seen much of anything. Commissioner Plummer: I haven't. Vice Mayor De Yurre: And, how can we be put in a position to make a decision on a matter as important as this without having the information that we need to make an intelligent decision? That's the question I have to ask the Administration. Why are we put in this position? 251 October 14, 1993 Ms. Wilson: Commissioner, much of the difficulty that the Administration has had with all of the arrangements and the agreements that have been entered into between Wynwood and other entities... Vice Mayor De Yurre: Uh--huh. Ms. Wilson: ...is that they were only supplied to us in a piecemeal fashion - not necessarily directly by Wynwood... Vice Mayor De Yurre: OK. Ms. Wilson: ...but, primarily by Dade Foreign Trade Zone investor group. And, only upon our request in digging for information. Vice Mayor Lie Yurre: OK. Now, Karen, do you feel, do you feel comfortable that we have enough information to make an intelligent decision, with all this piecemeal information that we've been getting? Commissioner Plummer: She wants to answer no. Vice Mayor De Yurre: If the answer is no, press one. OK. Commissioner Plummer: If the answer is what? Commissioner Alonso: No, press one. Vice Mayor De Yurre: Now, as we see this, where do we go from here? I am not, I am not in any position to approve anything. Because... Mayor Suarez: All right, we'll get designated here. Commissioner Plummer: OK, are you finished so I don't interrupt you? Vice Mayor De Yurre: You can go ahead then I'll pick up later. Commissioner Plummer: OK. Mayor Suarez: Mr. Manager, really, we need to know - and it is clear now - that from you what documentation, what additional assurances, what additional scrutiny must be performed for us to have simple answers to these very important questions? Mr. Cesar Odio (City Manager): As I indicated 'to the City... to the Attorney Adorno, I will not recommend the approval of this lease or any other contracts until we have the members on that board that you chose. Commissioner Plummer: On which board? Mr. Odio: On the Wynwood Economic Development Board. Commissioner Plummer: But, that's not my point. Whoa... Mr. Odio: That board... Excuse me, Plummer, let me finish please. That board controls Old San Juan which is a for -profit organization. Whoever is 252 October 14, 1993 sitting on the Wymaood Economic Development Board, sits in Old San Juan. At the time that Old San Juan was formed, there were only three members in that board. The same three members that sat in the Wym<>od Economic Development Board. The same three members that issued a lease of 99 years to that group. That same group turned around and created a for -profit organization in which they would receive close to $400,000 to $500,000 a year. Commissioner Plummer: No, that's crazy. Mr. Odio: With three members of that same board sitting on both sides. Unless the City Commission has a control on who sits on that board on a business of this magnitude, I would have to recommend that we do not proceed with this process until that is clarified. Commissioner Plummer: Are you finished? More than once? Madam City Attorney, do you have anything in writing that the Old San Juan Corporation which is for -profit, that the moneys have to go to the Wynwood Organization? Ms. Kearson: No, sir, I do not. Commissioner Plummer: Then, you mean it could - is it a profit -making organization - could go anywhere? Mr. Odio: That's correct. That's the problem. Ms. Kearson: That's correct. Unless we see otherwise. We have been told that the... Commissioner Plummer: No, I don't care what you've been told. Is there such a document saying that all the moneys paid by Adorno's group to Old San Juan have to be given, in total, to the Wynwood group? Ms. Kearson: I have not seen that document. Commissioner Plummer: OK, would it not seem reasonable that we would? Ms. Kearson: We have requested that on numerous occasions. Commissioner Plummer: And, why has it not been produced? Ms. Kearson: I can't answer that, sir. Commissioner Plummer: Why did I have to bring it up? Ms. Kearson: Well, we brought it up. Commissioner Plummer: OK, when? Mr. Odio: Numerous times. Commissioner Plummer: OK. Mr. Odio: Unless they show us where that moneys - those moneys are going, we will not proceed. 253 October 14, 1993 Commissioner Plummer: Haw many members presently are there of the board of Wynwood Development Corporation? How many are there now, presently? Five, seven...? Mr. Adorno: Seven. Cam dssioner Plummer: Seven, OK. Mr. Adorno: Yes. Commissioner Plummer: Are all seven of those members of the board of directors also the same that are the board of directors of Old San Juan? Mr. Adorno: No. Commissioner Plummer: Why? Mr. Adorno: I don't know. I don't represent them. Commissioner Plummer: Well, but you entered into an agreement with Old San Juan. Mr. Adorno: Absolutely. And, you cannot mix us with the fight that the Manager has - his own personal fight with Wynwood. And, let's get... Mr. Odio: Hey... Commissioner Plummer: No, but I can stop that flow of funds from you... Mr. Odio: Hank, don't personalize it. Commissioner Plummer: I thought I was the... Mr. Adorno: You are the one that personalizes, my friend. Commissioner Plummer: Did I have the floor? I thought I did. Mr. Odio: No, sir, I am not. I am trying to make... Mayor Suarez: Please, now we've got the audience getting into it. This is... Mr. Odio: ...I am trying to make sure the funds will go to the Wynwood Committee. Mr. Adorno: I'll address the Mayor. Mayor Suarez: All right, the inquiry was being carried out by the Commissioner. The Commissioner has the right to ask the Administration or ask the counselor what he wants to ask. And, the rest of the people, please, do not intervene without being... Commissioner Plummer: Mr. Mayor... 254 October 14, 1993 Mayor Suarez: him, right? ...you've got a very good attorney, sir. I think you are with Commissioner Plummer: ...I think that in protecting... Mr. Adorn: I don't represent Wynwood. Mayor Suarez: Please! Just relax. All right, now, Commissioner, you were inquiring. Commissioner Plummer: It seems logical, reasonable, that this City Commission should have proof that the clients of Mr. Adorno, because I can't remember their name, the Dude Free Trade Zone... Mr. Adorno: Close. Commissioner Plummer: ...having the responsibility for the development of what this Commission is trying to do to better Wynwood, would know that those moneys are going to go to Old San Juan but must go to the Wynwood board. Mr. Adorn: It does. Commissioner Plummer: And... Excuse me. My City Attorney tells me she has not seen a document that says that. She tells me further, Hank, that she has asked for it three times and it's never been produced. Now, you know... Mr. Adorn: Commissioner, elementary law says that if you are wholly owned subsidiary, OK, that money goes to the non -for -profit and from a tax point of view, Wynwood has control.. If you want that, nobody asked us. Because, we have given the City - we have been begging for the City to meet with us. The City has pulled us off - the City Administration has pulled us off the agenda. It was only after I sent what I would consider a threatening litigation letter about putting us in on this agenda, did I finally get a meeting with the City Administration. We will give you whatever it is you need. But what you must clearly understand is that you cannot use us to fight the battle with Wynwood. Let us start the development. Just tell us who to mail the check to. You two guys can go kill yourselves as far as... Mayor Suarez: Do it right upstairs. That office right up there. Commissioner Dawkins: You know we could go... Mayor Suarez: ...take care of all the money that canes in and we'll apportion it among the citizens of... Mr. Adorno: OK. Just somebody tell us. Commissioner Dawkins: No. No, Hank, I just cannot sit here and allow you to have the public to think that the City of Miami and the Wynwood Development - Bill Rios - has never worked collectively together for the betterment of Wyrmjood. I just cannot allow you to project that. Mr. Adorn: And, I am not. And, I apologize because that's not... 255 October 14, 1993 Cammissioner Dawkins: Yes, you are. Yes, you are. OK. But, that's what you are projecting. Mr. Adorn: Your staff is sure as heck having that fight right now. Commissioner Dawkins: OK. But, you are projecting that. OK. Mr. Adorno: Commissioner. Commissioner Dawkins: Uh-huh. Mr. Adorno: I was specifically at a meeting told that nobody had a dispute with us, with our capabilities of doing it, and that we were simply being used as leverage to satisfy what they wanted to get out of Wynwood. Now, I am not real happy about that representation been made. But, I am prepared to state it on TV... Mr. Odio: Hank. Mr. Adorno: ...I am prepared to state it under oath, and in a piece of litigation. Mayor Suarez: Well, you are already stating it on TV because all of this is been filmed. Mr. Adorno: That's fine. Mr. Odio: Hank, I never said that to you. Mayor Suarez: I mean, that particular threat has already been implemented. Now litigation, we don't want to hear about. We have enough litigation, Hank. Mr. Adorno: I don't want litigations, Mayor. Mayor Suarez: All right, what would you want from us today. Now, suppose we were to say, OK - we need to give you a corrective deed, clearly... Mr. Adorno: Yes. Mayor Suarez: All right... Mr. Adorno: Clearly, why hasn't it being given? Mayor Suarez: Well, let's say we gave instructions to give it. Mr. Adorno: OK, thank you. Mayor Suarez: All right, are you also asking, now, for us to approve a - the actual... Mr. Adorno: Lease. Mayor Suarez: ...long term lease? 256 October 14, 1993 4, Mr. Adorno: Yes, sir. Mayor Suarez: I was afraid you were going to say that. Mr. Adorno: Yes, six. Mayor Suarez: All right, and if we did that and said - however., we are concerned as Commissioner - the Vice Mayor has inquired -- about the ownership of Old San Juan and its profit making capabilities. We. are concerned that a nonprofit agency with which we have been dealing, that is Wynwood Economic Development Corporation, at one point totally controlled - and in fact, was identical to the... just about - at least as to the participant - a for -profit entity. We know now why that was done. You have explained it. They have nonrelated business income and they've got to watch out there 50IC-3 and all of that. All of the tax exemptions. But, we are concerned about the fine points of all of that. We want all those documents to be reviewed and we are inclined to, sort of, give our blessing to all this if every single, logical document - every single question that we want to see - that we want answered .. . Commissioner Plummer: Not me. Mayor Suarez: ...is in fact answered. And, possibly to oversee all of that have a member of this Commission, the absolutely most penny pinching member of this Commission that I can think of... Commissioner Plummer: Oh! Mayor Suarez: He knows who we are talking about. And, who is not involved in an election right about now... Ccmmissioner Plummer: Thank God. Mayor Suarez: ...supervise that to make sure that at least we get the documentation. It still leaves us with concern that the Wynwood Economic Development Corporation folks, the Foreign Trade Zone - see all of these signs are entirely wrong. The foreign trade zone, Mr. Rios and free trade zone, foreign trade zone... Mr. Adorno: It's foreign. Mayor Suarez: ...I think the correct name may be... In any event, had a lot to do with that. But, believe me, whatever he had to do with it was not more than this Commission had to do. I guarantee you that. Commissioner Dawkins can guarantee you. I can guarantee you that all of us can guarantee you that, to the point of speaking for the first time ever, I think, with successive Secretaries of Commerce, and I don't mean the Secretary of Commerce in Tallahassee, I mean the Secretary of Commerce. We just met with him again recently. Every level, all the way down, to the point of combating, battling it out with a very powerful organization which - I shouldn't bring the Miami Herald into this, but you kind of throw them in as pretty much not taking our side in all of this or at least been silent, unfortunately, when they should have taken the side of this community, that said, "we want to have a foreign trade zone in our Community publicly owned." And, the other ones, the ones 257 October 14, 1993 that were privately owned said, "you shouldn't have the advantage of a publicly owned one." Until we said, "wait a minute, the law envisions that they be publicly owned." So, we fought it out and won that battle. And, then we finally got the grant, there was a tiny little thing in the Miami Herald about yea big. In any event, which was just a marvelous moment in the life of the community. Then we went and fought for what was it? - two and a half million dollars? Two and a half million dollar grant. Commissioner Dawkins: Five point five. Mayor Suarez: I am sorry, five and a half million dollar grant which we are inclined to connect up with - who are the folks with the real money back there, somewhere, - Adorno is just a hired lawyer type. But, he gets a percentage I am sure. But, the people with the real money, the two and a half million dollars that they are supposedly putting into the format to make this a reality. So, all of those things have happened. In the meantime, for some reason that we can't quite understand, we have suggested that the Wynwood Economic Development Corporation, which is the beneficiary of the City's effort, and anyone else that was involved, including Mr. Rios. Commissioner Dawkins: And our money. Mayor Suarez: And our money and our travel to Washington... Commissioner Plummer: And, our property. Mayor Suarez: ...and our influence with the Secretary of Commerce. And our influence and our willingness to battle. Let me tell you, Mr. Brown told me the other day - he pointed to the gentleman who is still litigating the matter against the people who don't want us to have a foreign trade zone in the City of Miami. That litigation is still continuing. Isn't it, Bank? Mr. Adorno: I... Mayor Suarez: You don't know. How convenient. But, just kidding... Mr. Adorno: Don't know. I don't know. Mayor Suarez: Just kidding. So, we are on your side. But, it is reasonable for us to want to have members of the Wynwood Economic Development Corporation who are representative of the Community. We have tried to do that for reasons that will never become clear to me. We've not been able to accomplish it. Are we in a position today, without having solved that particular issue, which is of great concern because there were State moneys too. I forgot to mention those. We got them through Safe Neighborhood Grants. All of us got them in Tallahassee. They came through an entity which some of you might not even know it exists which is the Wynwood Safe Districts - Safe Neighborhood District. And this Commission and this Mayor, is in fact the board of that. And I had to sign all of those documents. So, we have a lot o moral and legal and community responsibility for all of this. So we want to cross all the "T's" and dot all the "I's" and sometimes we don't get the kind of cooperation we want to get from Mr. Bill Rios and Wynwood Economic Development Corporation which now shows up as owning a totally for -profit entity with a contract, which logically this Commission wants to know - San Juan 258 October 14, 1993 Corporation - how much is it going to make out of all this if it works ideally? Do you have any projections as to what the profit is going to be to San Juan? Mr. Adorn: No, sir. Because, it really depends ultimately on a lot of numbers. But, it could be substantial. But, I have a possible... Mayor Suarez: OK, what is... OK, forget the profit. I am sorry... Mr. Adorno: ...I have a possible solution. Mayor Suarez: ...A11 right, what is the revenue that they'll be deriving? I think you gave that figure. Or the payments, or the agreements... Mr. Adorn: The fees? Yeah, the fees are going to be $2.00 per square foot of actually constructed space. Mayor Suarez: And square footage multiply that by $2.00 works out to what amount? Mr. Adorn: What? How much? Commissioner Alonso: Four hundred thousand, says the Manager. Mayor Suarez: It's over $400,000 per year. Mr. Adorno: Two hundred and fifty thousand. Mayor Suarez: OK, per year? Mr. Adorno: Yes, sir. Mayor Suarez: OK. What do you envision from your knowledge, or your client's knowledge of that kind of operation would be the amount of staff that San Juan Corporation would have to have to carry out those operations? Just so that we'll have an idea. Mr. Adorno: Oh, they... Mayor Suarez: We want to make sure nobody is getting rich over this effort by the City of Miami, frankly. It's not... Am I reflecting the way we are all thinking here? Commissioner Plummer: Yeah. Mr. Adorno: You are... I think... Carmmi.ssioner Dawkins: You are doing good. Keep on. Mayor Suarez: Thank you. Commissioner Alonso: Yes. Mr. Adorno: ...I think, Mayor, you are missing the relationship. Old San Juan is basically going to collect money. 259 October 14, 1993 Mayor Suarez: Yeah, that's what we're worried about. Commissioner Alonso: Yes. Mr. Adorno: So, I would guess, unless the staff was used to how the money is going to be used, their staff would be minimal as far as operating the Free Trade Zone... Commissioner Plummer: But... Mr. Adorn: ...that's what they are hiring us for. Commissioner Plummer: Hank, my problem is there is nothing in writing. Mr. Adorno: I have a solution. I have a solution. Commissioner Plummer: That all of the money paid to San Juan is going to go the Wynwood Board. Mayor Suarez: I see. I'm sorry, I missed something. I missed something. OK. Mr. Adorno: I .. . Commissioner Plummer: OK. Let's assume that what Rios tells me is true and I accept that it is for administrative cost of whatever. There is going to be a profit above that - what happens to those moneys? Mr. Adorno: I... Commissioner Plummer: Who controls those moneys... Mayor Suarez: All right, so... Commissioner Plummer: ...is my area of concern. Mayor Suarez: Let me tell you, if Wynwood - if San Juan, as you have now stated and clarified is basically a pass -through and the money ultimately ends up in the hands of the Wyraood Economic Development Corporation... Commissioner Plummer: But, there is no guarantee of that. Mayor Suarez: ...the next logical question is, "What is the Wynwood Economic Corporation going to do with that money?" And, I presume that the answer is going to be, "Well, we are going to try to develop other projects and do other things in the community." Mr. Adorno: They have to. That's their not -for -profit grant. Commissioner Dawkins: OK. Mayor Suarez: OK. But, without getting answer to those, I don't know that we can determine this today. But, you said you had an idea. Try us. 260 October 14, 1993 Mr. Adorn: Yes, sir. Yes, sir. Mr. Odio: Mr. Mayor, let... We need to clarify something for the record, sir. Because, you might have had not complete information. The revenue he just said is the rent. Mr. Adorno: No, that's the operating. There is rent of 60,000 and 120,000. Mr. Odio: They also get... They also get a percentage or (unintelligible) for customs. And, this could add up to a lot of dollars. Mayor Suarez: OK. There is one fee for your agreement with them. - whatever you call that. Mr. Adorno: We have a... We have a... Mayor Suarez: Your concession. Mr. Adorn: ...We have a ground lease, we pay for rent, and then we have a management contract. Mayor Suarez: Right. Mr. Adorno: It's... Mayor Suarez: The total stream of revenues heading towards San Juan Corporation could be? Mr. Adorn: It could be a substantial amount of money. Mayor Suarez: Depending on... Mr. Adorn: The lease is 60,000 the first year, and then 120,000 with a CPI increase. Mayor Suarez: The first few years, what will it add up to, roughly? Mr. Adorno: Well, rent - well, let's assume, let's assume the second year of operations it would be rent of 120,000. Let's assume a $2.00 management fee of at 250, so you'd have close to 370,000 of revenues... Mayor Suarez: All right, that's where we get into the $400,000.00 a year range. Mr. Adorno: ...OK. If I may give the following solution. And, hopefully everybody can follow along. The - no one has a problem with my client, its ability to perform. The problem is - it's been articulated very clearly here - is with the staff and the Commissioners want a comfort level of what the money is going to be used for. May I make the following suggestion. If you would please order the staff to give us a corrective deed and approve the lease. We then can start preceding to finish our plans, replat, pull building permits. I have just spoken to Mr. Rios and he is not opposed to put any payments that we owe to Wynwood or Old San Juan into an interest -bearing 261 October 14, 1993 escrow account - I don't care who the escrow agent is - while the staff and the Commission fight it out with Wynwood as to whatever it is that you all want that will make everybody feel good. And, if you can't work that out, then obviously there is a court of law that can satisfy that. But, in the meantime, the project that everybody envisioned moves forward, no money is been misused or not used appropriately, and you will stop us from incurring damages. What is happening here, because of the delay, there is a grant that is in question. We only have a limited time period to use the foreign trade zone grant, and our lenders and our investors are getting very, very nervous. We do not want to be put in a position of losing our financial capabilities to move forward. 5o that is a solution that I believe will take care of everybody. I think it will satisfy the residents. We have committed, in writing, to the City that we are going to give first preference for all subcontract and subcontracting jobs on the constructions to Wyrfvaood residents, to minorities. We've agreed that we are going to give first preference with regard to the employees that will be used to operate. We have done everything that the City has ask for us to be... Mr. Odio: No, sir. Let me clarify. We asked you for 30 years. You stuck to 99 years. Mr. Adorn: Mr. Manager, you know that our agreement is with Wynwood., it is not with the City. I cannot, unilaterally, agree to change the deal with someone else. If Wynwood comes to us and ask us to renegotiate the terms of the lease, we will be more than glad to sit down and discuss that issue in a commercially acceptable manner. That is the problem here. You cannot go through us to get to what you want with Wynwood. Commissioner Dawkins: Yes, but if I sign a lease with you, there's not a damn thing to negotiate. That's number one. Commissioner Plummer: We are not signing a lease with him. Commissioner Dawkins: OK, number two... Number two... Mr. Adorno: No, the lease is signed. Commissioner Dawkins: ...number two, I am tired of you saying that we are fighting with Wynwood. I am fed up with that. Every time I look up you are saying the City of Miami and Wynwood are fighting. The City of Miami and Wynwood are not fighting. The City of Miami and Wynwood are attempting to come to a solution to serve the needs and aspirations of the people in the City of Wynwood, the Wynwood area. Now, just because - and Bill Rios and everybody else will have to tell you - I have spent more time on this free trade zone than Bill Rios did. And, I got it simply to see that the citizens in the Wynwood area benefit from it. And, I want to go on record now saying I have no problems with your client. Mr. Adorn: Thank you. Commissioner Dawkins: OK. Getting anything he wants. But, I am going to Washington and get another free trade zone to put next door to you. I promise you that. 262 October 14, 1993 Camu.ssioner Plummer: May I inquire of the City Manager. Mr. City Manager, the very important five and a half million dollars from the Feds, has that money been forthcoming? Mr. Odio: As Commissioner Dawkins knows, because he has worked very hard on this issue, we are going to get the grant. One of the conditions... Commissioner Plummer: The answer is no? Mr. Odio: Yes, the answer is we are going to get the grant. Commissioner Dawkins: Yes. Commissioner Plummer: OK. Does their lease predicate on the fact that their lease must be receiving the grant? Mr. Odio: The rent will change - according to the lease they signed... Commissioner Plummer: OK. Mr. Odio: ...with them, the lease payments will. change if they get the grant. Commissioner Plummer: OK. So, then let me understand one other thing and then I am going to shut up. At this particular time, Wynwood has refused to make a board of 50/50 is that correct? Mr. Odio: Yes, they have. Commissioner Plummer: OK. So, in other words if they agreed... Mr. Odio: It wasn't 50/50, the request was five members appointed by this Commission... Commissioner Plummer: All right. Mr. Odio: ...and seven members elected by the neighborhood. Commissioner Plummer: And, they refused that? Mr. Odio: They refused that. Commissioner Plummer: They will not accept any members designated by the City Commission? Mr. Odio: That is correct, sir. They have not. Commissioner Plummer: Well, let's put them on record. Mr. Rios, are you still chairman of that board. Mr. William Rios: I'm not the chairman. I'm the executive director. Commissioner Plummer: OK, who is the chairman of that board, then? Mr. Adorn: He is here, where is he. 263 October 14, 1993 Ms. Kearson: Mr. Plummer, just for the record. I am sorry. Mr. Adorn: I need a representative of Wynwood, guys. Commissioner Plummer: Who is the chairman, Mr. Rios, of that Board? The Wynwood Board. (INAUDIBLE BACKGROUM CMENM NOT ENTERED INTO THE PUBLIC REC OFW) Commissioner Plummer: Who, sir? Commissioner Alonso: Gamaliel. Commissioner Plummer: OK. Mr. Adorno: By the way, Commissioner Plummer, in your deed if somebody would read it carefully, you are entitled to have one board - one Commissioner - sit on the Wynwood Board. Nobody has bother to notice that. But, it is right in the deed. Commissioner Plummer: Sir, as chairman of the Wynwood Board you were requested by this Commission to appoint five members that this Commission designated together with your seven members. And, what have you done with that request, sir? Mr. Gamaliel Rivera: On the last meeting that the City Council had with our lawyer, we addressed those issues, and we came up with a resolution to address not only that issue, but all the disagreements that we have, and we, to this point, have not received any response from the City as to those issues that had been addressed. Ms. Kearson: Let me just clarify that for the record. Commissioner Plummer: Well, excuse me. Let me just make it simple. Sir, you are the chairman of that Board. This City asked to put five members on that board. Are you agreeable to it, or you're not? Mr. Rivera: Right now, I can answer only for myself, but not for the whole board, but we addressed those issues. We were in concurrence with it before, and the City officials, through Community Development, have never answered our response. Commissioner Plummer: Well, what is - let me ask you this question, sir. What is your fear, or the fear of that board of having 50/50 membership on that board? I don't understand. You would not have - you would have veto power, as the City would, and the City would be there to protect what we feel is the interest of the citizens of the community. Why is there any hesitation, or reservation, or fear of having outsiders on that board? Mr. Rivera: There is no fear from the part of Wynwood Economic Development. Commissioner Plummer: Well then, why, the names that we sent over, did you reject? 264 October 14, 1993 w t Mr. Rivera: Let me finish my statement. Commissioner Plummer: I'm sorry, sir. Mr. Rivera: We never been in fear of any of that. We are in fear of control. It's been... Commissioner Plummer: No. A 50... Mr. Rivera: Let me finish my statement, please. In any and every of the statements from the City officials, they have always talked about control, and it's in the minutes. I'm not inventing this. Control is something that - we are not in fear of that - we will not permit. That's our position. It's always been our position. You do not impose that to any of the CBOs (Community Board Organization) in this City that are successfully running programs that received more land and more money than us, and you have not requested those things. Of course, they are not in fear, because you don't receive... (APPLAUSE) Commissioner Plummer: What? It's incredible that, for some reason, you're concerned about this City having the ability to be involved. I don't understand that. I really don't understand. Commissioner Dawkins: Madam City Attorney. Mr. Rivera: Pie do not... Commissioner Dawkins: I'm sorry. Go ahead, Gamaliel. I'm sorry. Commissioner Plummer: It's not even asking for control. You name seven, we name five, is not control. I thought 50/50 would not mean control, but it would be veto power on both sides. Mr. Rivera: Sir, you just addressed that point. We never had that proposal before. Ms. Kearson: Seven/five. Mr. Rivera: Now, the proposals that we had - and I'm going to mention that - was control, spelled on the minutes of this Commission, for one; then the seven to five... Ms. Kearson: No, sir, no, sir. Mr. Rivera: ... and now, you're proposal. And every time that we came to address this issue, there's a new proposal. Ms. Kearson: No, no, sir. Mr. Odio: It's always been seven/five. Seven elected by the neighborhood... 265 October 14, 1993 Ms. Kearson: And five appointed. Mr. Odio: ... and five appointed by the City Commission. M. Kearson: That's correct. Vice Mayor De Yurre: Miller. Mr. Rivera: That's... Vice Mayor De Yurre: Let Miller speak. Commissioner Dawkins: Go ahead. No, let him finish. Mr. Rivera: The 50150 proposal is a new issue for us. Com dssioner Plummer: That's my idea, sir. Mr. Rivera: I know, but it's a new issue. I cannot respond on my own, in terms of the whole board, on that. But let me clear out. I don't understand, either, Commissioner. This City Commission and staff have been supportive of the Free Trade Zone for many years - five years. We fought battles together. And now, it comes to the point in which, for some reasons that cve don't understand, the staff of the City of Miami would like to have control of our program. They don't address those issues on other neighborhoods. How come us? That's my question. How come us? Mr. Odio: Well, if you do the things right, we wouldn't want any overseeing over you. Do you want me to recite everything that you have done wrong? - including violation of the deed restriction, which said clearly that before you were awarded a lease, you would have to come to the City Commission for approval. And you did not do that, because you were conveying land that belongs to the citizens of Miami without approval from the City Commission. Mr. Rivera: We did not convey no land, and you can ask that to your lawyer. Mr. Odio: Yes, you conveyed the land. When you signed a lease for 99 years, you conveyed that land. Vice Mayor De Yurre: Cesar, Cesar, let's not get argumentative, now, OK? i i Mr. Rivera: And the second... Vice Mayor De Yurre: 110igo," Gamaliel, Gamaliel, that's it. We're not going to get into this kind of back and forward. Miller. Commissioner Dawkins: Madam City Attorney. Ms. Kearson: Yes, sir. Commissioner Dawkins: Mr. Adorn has constantly said that the City of Miami is fighting with Wynwood, and the City of Miami is holding his client up from proceeding to do what they're going to do. How can this Commission say to the Wynwood Economic Development that we have problems that we must sit down and 266 October 14, 1993 work out together, so that this Free Trade Zone that we fought for will do the things that we want it to do? And when that is done - I mean, we'll go ahead and pass whatever he wants passed in principle, because they're headed to court. OK? They're headed to court just as sure as you're sitting here. All right? So some kind of a way - and I'm not - and that's what the Legal. Department is for. You need to tell me and Wynwood Development - OK. We., the two of us, are going to move forward, because we don't want Wynwood to suffer. OK? We're going to go forward. But in the meantime, we're going to make sure that that which is due Wynwood is given to Wynwood, and that which Old San Juan gets goes to Old San Juan. But how do you do that so that you don't prejudice yourself, so that we will let them - so that they cannot go and say that you, the City Commission and the City Administration, prevented my client from going ahead, doing what he wanted to do? When Mr. Adorno distinctly stands here and points out, time and time again, that the fight is between Wynwood and the City of Miami, when he goes to court, that's what he will tell the Judge. He will tell the Judge over, and over, "Your Honor, my client had no problem. It was the City of Miami and Wynwood fighting, and that's why my client was damaged, and we want 'X' dollars." Commissioner Plummer: I don't agree with that, and let me tell you why. If what I have just heard is true - that there is a provision that says that they could not negotiate a lease or complete a lease without City Commission approval - they have already, according to Mr. Adorno, completed a lease with his client - this Commission has not approved it. They do not have a vested interest! Ms. Kearson: It is... Commissioner Plummer: Now, excuse me. Is it clear-cut that they cannot negotiate a lease without this Commission's approval? Ms. Kearson: The special warranty deed requires Wynwood to get prior approval before conveying the property. It is our opinion that... Commissioner Plummer: Excuse me. Has this Commission done such? Ms. Kearson: No, sir, it has not. Commissioner Plummer: They don't have a vested interest. I mean, why are we playing games around here? Mr. Adorn: Commissioner Plummer, if I may. OK? Commissioner Plummer: Sure. Mr. Adorno: Let me just read to you paragraph 10, verbatim. Commissioner Plummer: Hank, Hank, you're a great lawyer, but I don't pay you. Mr. Adorno: No, sir. It's plain - it's plain English. Your lawyers, honestly, are just dead wrong. Commissioner Plummer: My lawyer tells me that it is in violation, and I have to do with the one I pay. 0) 01111) Mr. Adorno: They have never raised this issue in six months of negotiations with us, Ms. Kearson: That is absolutely not true. As a matter of fact, that has been an issue from the very beginning. Vice Mayor De Yurre: OK. Excuse me. Mr. Adorno: I'll tell you what. Vice Mayor De Yurre: Excuse me, excuse me. Ms. Kearson: I have never discussed it with Mr. Mr. Adorno: I'll tell you what. I have met with the Manager... Vice Mayor De Yurre: Hank, Hank, hold it, hold it. Ms. Kearson: I have never discussed it with Mr. Adorno. It has been discussed repeatedly with Mr. Sheer and with other... Vice Mayor De Yurre: Hello? Hello? (INAUDIBLE COIF!') Ms. Kearson: This has been an issue from the very beginning. Vice Mayor De Yurre: Excuse me. Excuse me! We're not going anywhere, guys, like this. Is there a motion to defer this item? Mr. Adorno: (Unintelligible). We're going to court. Commissioner Plummer: Well, yeah. Hey, as far as I'm concerned, until I get some definite and concrete answers, whether or not, in fact, there is no vested right, which I'm hearing now, I move to defer! Commissioner Dawkins: Second - no, I don't, no. Mr. Adorno: Mr. Vice Mayor, may I speak, please? Vice Mayor De Yurre: Well, not at this rate. At the rate we're going, we're not going to get anywhere. Mr. Adorno: Well, I'd really like to state my position on the record. Commissioner Plummer: I will withdraw... Vice Mayor De Yurre: Make your statement. Commissioner Plummer: Excuse me. I will withdraw my motion to let Hank make his statement. Mr. Adorno: The problem with your legal counsel's statement... 268 October 14, 1993 Commissioner Plummer: You disagree. That's the problem. Mr. Adorno: No, sir. Paragraph 10 - and we can find out in court, ma'am, that's not a problem - grantor's... Mr. Odio: That's right. Commissioner Plummer: Well, wait a minute. I want... Mr. .Adorn: That's your usual answer, Mr. Manager. (APPLAUSE) Commissioner Plummer: Hank, I want her to hear. Mr. Adorno: But court is not going to solve the fact that this project is not moving forward, so let's deal with the realities. But paragraph 10, Mr. Plummer, says, "Grantor's agreement, that is approvals as contemplated in the special warranty deed, shall not be unreasonably withheld." That means you must be able to - don't shrug your shoulders - that you must be able to articulate a reason why we are not qualified to have entered into this lease. Everyone has told us - Commissioner Plummer was kind enough to say - no one has a problem with us. You cannot articulate - which, very nicely stated on the record - that his problem is with the control of the Wynwood Board. You are going to lose this in court. Commissioner Dawkins: If I allow you to continue to say I'm fighting with Wynwood, you're right, I will lose it in court. But by the same token, you... Mr. Adorn: It's in the record! Commissioner Dawkins: It's in the record, but you keep reading the record the way you want to read it. Mr. Adorn: No, sir. Commissioner Dawkins: Listen to me, now. Wait, now, Hank! Wait a minute. Wait one minute. OK? You keep reading it the way you want it to read. Mr. Adorn: No, sir. The Manager said it. Commissioner Dawkins: Now, this says that - my City Attorney tells me that the legal interpretation - her legal interpretation of what she read says that the Wynwood - Wynwood had no right to enter into a 99 year lease. Commissioner Plummer: No lease at all. Commissioner Dawkins: Wait a minute! Wait a inute. Now, you have never said that was .right or wrong. You just keep saying the City of Miami and Wynwood is fighting so that when you get to court, that's what the judge will believe. Come on. Mr. Adorno: Commissioner, that interpretation is so wrong, it's - I don't want to comment. 269 October 14, 1993 Ms. Kearson: Excuse me, sir. Commissioner Dawkins: But that's your interpretation. Mr. Adorn: I understand that. Commissioner Dawkins: And your law -- and he's paying you to arrive at that interpretation. Mr. Adorn: No, sir. Commissioner Dawkins: I'm paying her to arrive at that interpretation. Mr. Adorn: I arrive at the same interpretation on an independent basis that you do, and I'll give you the same respect, and I'll ask you to give me the same respect. OK? Commissioner Dawkins: Well, wait a minute, hold it. Commissioner Plummer: He, hey, I think... Commissioner Dawkins: Wait, wait now, wait! No, no, no. OK, I'm going to give you... Mr. Adorno: Same respect, that I don't come up and say things because I represent a client. I say things because I firmly believe that that is my legal conclusion. Commissioner Plummer: I don't disagree with that. Hey. Commissioner Dawkins: I don't disagree with that. But... Mr. Adorno: Well, I apologize, but I believe that that was the inference. Commissioner Dawkins: OK. No, no, no! If that's what you - you're getting paid to believe that way, though. Mr. Adorn: No, sir. Commissioner Plummer: Reasonable people can disagree, they don't have to be disagreeable. Commissioner Dawkins: Yeah, well - oh, well what are you getting paid for, then? Mr. Adorno: To represent my client's interest. Commissioner Dawkins: And when you represent your client, it's what you believe. Commissioner Plummer: And you do it damn well. Mr. Adorno: Thank you. 270 October 14, 1993 Commissioner Dawkins: OK. That's - no, no, I had nothing to do with that, Hank. I have nothing to do with that, Hank. OK? Commissioner Alonso: He likes that. Mr. Adorno: I understand that. May I... Ms. Kearson: Commissioners... Mr. Adorno: May I go back to my proposal, which takes care of everybody's issue? Just think about it. We can enter into a three -party agreement, everybody reserving their respective rights, in the event that Wynwood and the City of Miami cannot come to terms on the control issue. In the meantime, we can proceed. The money can go into an escrow account in control of whomever! Commissioner Dawkins: I will only concede to that if you change the word "control" to an agreement on the lease. See, you keep adding words that are going to win in court for you! The argument here is not for control. The argument here is over the length of the lease, and we're giving you some land for a hundred years, and the citizens of Wynwood will not get anything but peanuts out of it, and it's - it don't take a Ph.D. in math to luiow that each year as you add to the value of this property, the return gets larger. But because you're locked into a 99-year lease, the larger amount goes as profit to the operators. Mr. Adorno: That is not correct, Commissioner. You have a CPI that you will - trust me! - if you want to renegotiate the terms of the lease, we would love to renegotiate the rent, because we think you're getting... Commissioner Dawkins: You can't negotiate nothing with me. Mr. Adorn: You're right! And that's the legal problem you're in. I cannot negotiate with the City. Commissioner Plummer: Sir, and you can't negotiate that with us. That's right. Mr. Adorno: You two have to resolve it among yourselves, and came sit down with us, and we'll talk to you. Commissioner Plummer: But you see, Hank... Commissioner Dawkins: You can't talk to us. You talk to them! Commissioner Plummer: We can't talk to you, and you can't talk to them and have a vested interest until we approve it. In my estimation, from what I have been told, you don't have a vested right, you don't have a lease, because according to what I'm told by my Legal Department, until this Commission approves it, you don't have a lease. Now, am I right or wrong? Ms. Kearson: You're right. Commissioner Plummer: OK. 271 October 14, 1993 Ms. Kearson: And what we need to also keep in mind is that there are two parties to that lease, and that's Wynwood and a foreign trade zone. Wynwood represent to the City Commission certain issues and certain things to be given to the Wynwood community - employment, a return on the dollar. Until such time as the City Commission is satisfied that those commitments have been met, you have every right to question that, and that's what we have to keep in mind here. Commissioner Plummer: Excuse me. If I'm not mistaken, Hank, I think we do have the right to negotiate with you, because when you take your lease that you work out with them, and they bring it to us for our approval, we can approve it subject to certain conditions, whatever we wish to apply; or we say, "No, we won't do it, because we don't think it's reasonable." So you do have the right to negotiate with us through channels. You've got to negotiate with Wynwood, they've got to bring it here, we've got to approve it, and we haven't done that at this point. Mr. Adorno: Commissioner. Commissioner Plummer: Yes, sir. Mr. Adorn: The problem is - and I specifically told the Manager that we would be more than willing to try to renegotiate the terms of the lease. The Manager said... Commissioner Dawkins: With whom? Renegotiated with whom? Mr. Adorn: With us, and then we would have to go... Commissioner Dawkins: No, you can't negotiate anything with the Manager. Commissioner Plummer: We can't negotiate with you, Hank! Mr. Adorn: We can agree and then go back to Wynwood and have Wynwood agree. Let's - come on, let's lay the cards on the table. All three parties could actually talk to each other without anybody getting bent out of shape. Commissioner Plummer: Oh, I agree with that. Mr. Adorno: OK. However, what the Manager said to me then - and it is clearly on this transcript, his opening line today, OK? - he said, "I will not sign a restrictive deed, and I will not agree - recommend to this Commission the lease unless we have control of the Wynwood.11 Now, when you're telling me... Mr. Odio: I'm sorry, I didn't say that, sir. Mr. Adorno: I have not interrupted you, and I believe I have the floor, Mr. Vice Mayor. Vice Mayor De Yurre: More or less. Mr. Adorno: Well, thank you. I'll take the "more" aspect of that. 272 October 14, 1993 CamAssioner Plummer: only because I took my motion back. Mr. Odio: Well, Mr. Vice Mayor... Mr. Adorno: However, if someone is going to negotiate with me in good faith, and that's the only issue that I got to take care of, is the length of the lease, we'll recess and we'll probably go knock it out there. But if I'm going to go in that back room or that upstairs room, and I'm going to be used to hamper the Wynwood people to do what somebody else may want - Mr. Odio: See. Mr. Adorno: - not the Commission, not the Commission - then that is not good faith negotiations. OK? Commissioner Plummer: Well, as you know, my motion is to defer, and my motion... Mr. Adorno: And you're requiring us to go to court. Commissioner Plummer: OK. Excuse me. Hank, I have no problem with going to court... Mr. Adorno: Oh, I know that, but it doesn't solve anything. Commissioner Plummer: ... except the problem is that it's denying the Wynwood community the right to have something that they've longed for, for many years. Mr. Adorno: Yes. Commissioner Plummer: And all I'm saying to you is that, in my estimation, predicated on what I am told by my Legal Department, you don't have a vested interest until whatever you have negotiated with Wynwood is brought to this table here, and we approve it, and we have not done such. So I don't consider you having a vested right with us, which you must have our approval, and you do not. OK? So that's where I'm at. And, you know, if I use that as a tool for leverage, God bless me. OK? But that's my right. That's my right to negotiate - not with you - with them. And I have every right to use that tool for the benefit of this community. Mr. Adorno: You sure you want to say that on the record? Commissioner Plummer: Yes, sir. Mr. Adorno: OK. Commissioner Alonso: And the reason we are in this position, Hank, is because the Wynwood did not respond to the City Commission, and bring the response to sane of the items that we were asking, and that's, bottom line, the problem that we are facing. And it saddens me to see that the Wynwood community is going to suffer as a result of all these delays that are happening. I have problems, Gamaliel, seeing that you cannot agree to have an equal number of people in that board, because if you are doing this in good faith, you have nothing to worry about. 273 October 14, 1993 Commissioner Alonso: Because all the members of that board are going to be working on behalf of Wynwood community, and they will not do anything against the Wynwood community. Why should we battle over how many members are on that board, and then the project cannot move forward? If you agree to that one item, I'm sure we're going to have an agreement, we are going to have a lease, and we are going to have the project moving forward. Why can't you do it? Commissioner Dawkins: I'd like to say... Commissioner Plummer: If I hear correctly... Commissioner Dawkins: Let me say something, J.L. Commissioner Plummer: Sure. Commissioner Dawkins: From day one of... Mr. Rivera: Can I respond to your question? Commissioner Dawkins: OK, wait, just let me say this and then I'll be finished. Commissioner Alonso: Yes, I'd like a response, because I really think that we have done so much, in order to make it happen. Commissioner Dawkins: Let me say this, and I'll be finished. From day one, I want everybody out there to know, the guys who applied - who are applying to run this Free Trade Zone were told by me in the first meeting that I had with them that I would never vote for a 99-year lease. Now, if they'll be truthful, they will tell you I told them that. Now, see, so... Commissioner Alonso: Commissioner, I think that they have even put on the record - they have told me off the record - Commissioner Dawkins: See, but, there again... Commissioner Alonso: - they are willing to cut the number of years. Commissioner Dawkins: There again, we are denying the Wynwood area the opportunity to profit from what we went out to do, and it's all because of a 99-year lease. I mean, you just can't take public property for life! And that's about the only - and that's my only concern. If they work out a lease and tell me that the Wynwood Company - Wynwood community gets the money, they got me. Commissioner Plummer: Let me tell you where I'm concerned. I think if you were to sit here and say you got a 30-year lease, and you're willing to make five members of the - five/five the board, I think you'd get approval right now, and start work tomorrow morning. I'd vote for it. Commissioner Alonso: Let's do it. 274 October 14, 1993 Commissioner Plummer: I'd do it. Commissioner Dawkins: And half of what they make - half of what the Wynwood Development - it goes to the community, you got me. If they get a million dollars, half a million goes to the community. If they get two million, a million be spent in the community, and the other half goes to wherever they want. But put something in the community, and cut the lease, and you got mel I mean, you got me all the way, but I just got to try to figure out how to get something for the community. Vice Mayor De Yurre: OK. Gamaliel. Commissioner Plummer: I'l.l say it again, just to make the record very clear. If you renegotiate that lease to 30 years, and you make that board of Wynwood five/five - five by this Commission and five by the community - you got my vote to start work tomorrow morning. Commissioner Dawkins: I don't care about the board. Mr. Rivera: That's a new proposal. Commissioner Dawkins: Wait, wait, wait, Gamaliel. Mr. Rivera: That's a new proposal, and I cannot respond that on my own. Vice Mayor De Yurre: OK. Commissioner Dawkins: Gamaliel - OK... Mr. Rivera: And the second thing that I would like to clear out, that according to HUD (Housing and Urban Development), the Commission cannot appoint members to a CBO just like that. That is not legal. Commissioner Dawkins: OK. Let me tell you about my vote. Let me tell you about my vote. Mr. Castaneda: That is not true. Commissioner Dawkins: Let me tell you about my vote again. OK? If you cut the lease and put in writing that half of whatever goes to the Wynwood Development Corporation will be spent back in the Wynwood area, I will vote for it by 7:00 o'clock. Mr. Rivera: So those are the two - that's different. You understand what we go through? Commissioner Dawkins: No, no, no, but I'm just telling you my position, Gamaliel, that's all. Commissioner Alonso: What was your proposal, Commissioner? Mr. Rivera: See, every time we encounter this issue, we encounter another proposal. 275 October 14, 1993 Commissioner Plummer: Sir, sir, from what I'm hearing here right now, you've got three votes. Unidentified Speaker: Yeah, it's a good deal. Commissioner Alonso: But that's the same thing. Commissioner Plummer: We're all saying the same thing, sir. Unidentified Speaker: Take it, take it. Vice Mayor De Yurre: OK. Commissioner Alonso: Five members and what? Commissioner Plummer: We appoint five members, they appoint five members. Commissioner Alonso: All right. Commissioner Plummer: Nobody has control. Commissioner Alonso: OK. Commissioner Plummer: They both have veto power. Commissioner Alonso: OK. Five and five, yes. Unidentified Speaker: That's not what he's proposing though. Vice Mayor De Yurre: OK. Mayor Suarez: That's not what he's proposing. Vice Mayor De Yurre: Now, anything before we move... Commissioner Alonso: Commissioner Dawkins, would you restate your proposal, please? Commissioner Plummer: Well, may I say this, Mr. Vice Mayor? Vice Mayor De Yurre: Guys, guys, guys. Jesus. Commissioner Plummer: Mr. Vice Mayor, if I may. Commissioner Alonso: Let's hear from Commissioner Dawkins again. Mr. Rivera: Yes. Commissioner Plummer: May I make a motion at this time? Commissioner Dawkins: Wait, no, wait, wait, tell him what my... Commissioner Plummer: Let me let you hear my motion. It might help. 276 October 14, 1993 Commissioner Dawkins: But he wants to hear again how I feel and what I will vote for. Commissioner Alonso: Yes, please. Please. Commissioner Plummer: I think we're going to express it in the motion. Commissioner Dawkins: No, but let me say it so he'll hear me. OK? Commissioner Plummer: OK. Go ahead. I tried. Commissioner Dawkins: If you - I'm going to give you a chance to say it but YOU... Commissioner Alonso: Yes. Commissioner Plummer: Go ahead. Commissioner Dawkins: If you reduce the lease... Mr. Rivera: ... to 30 years. Commissioner Dawkins: ... to whatever, and an option and an option, and it's acceptable - OK? - and guarantee me in writing that half of whatever, for the life of the lease, is spent in the Wynwood community, on Wynwood people, I'll vote for it. Vice Mayor De Yurre: Is that gross? Is that net? Commissioner Dawkins: I mean - OK, now go ahead. Go ahead. Unidentified Speaker: That's a fair deal. That's a fair deal. Commissioner Dawkins: OK. Well that's what - now - now. Commissioner Plummer: Well, my motion is simple. Commissioner Dawkins: OK. Well, wait! Commissioner Plummer: My motion is very simple. OK? That Wynwood be instructed t renegotiate no more than a 30-year lease, with two ten-year options to be approved by the board, and that the Wynwood Board shall constitute five members appointed by this Commission, and five members appointed from the - elected by the community - and that's my motion. You start work tomorrow morning. Vice Mayor De Yurre: OK. Now, you have an idea. You have an idea of what this Commission wants. Mr. Rivera: Yes. 'That's very clear now, and thank you for the clearness, but... Commissioner Plummer: Thank you, sir. Now, I make a motion, since you can't accept it, and I understand that... 277 October 14, 1993 Mr. Rivera: ... I cannot accept it on my own... Cammissioner Plummer: I understand that. Mr. Rivera: ... and I have to call for a vote on that. I have to be truthful to you. Commissioner Plummer: I move that this matter now, be deferred until such time as he has had the opportunity to take it before his board and come back with an answer. Commissioner Dawkins: OK. Then - OK, wait. OK. Mr. Rivera: May I interject? Vice Mayor De Yurre: Excuse me a second. Mr. Rivera: You understand that time is of the essence, and we don't want this to another... Commissioner Plummer: Sir, if you could answer it, we'll give you the answer tonight. Commissioner Dawkins: Hold it, hold it, hold it. Commissioner Plummer: The ball is in your court. Commissioner Dawkins: We do this up here every day. All right? And we aren't going to do it... Mr. Rivera: We don't want that item. Camdssioner Dawkins: We aren't going to do it any different now. OK? As quickly as you can meet with your board... ( INAUDIBLE COMNIEIU) Commissioner Plummer: But they're saying they're not going to take DDA (Downtown Development Authority) money. Commissioner Dawkins: ... you call the Mayor. The Mayor will call a special meeting, and we will came here in a special meeting and resolve this, even if it's Sunday morning. Even if it's on a Sunday morning. Mr. Rivera: Even if it's tomorrow? Commissioner Dawkins: Yeah. Nam-hmm (affirmative). Commissioner Alonso: Yes. Vice Mayor Dee Yurre: Sunday morning? Commissioner Plummer: You were prepared to... 278 October 14, 1993 Mayor Suarez: I have one question that goes along with all of this. Did anything come of the idea of the escrow account? Did anyone else like that idea at all? Mr. Adorno: That's the easiest solution to this, and it takes us out of the picture. Mayor Suarez: Did anyone else like that idea at all? Commissioner Plummer: Hank, we're trying to make you a winner. Mr. Adorn: No, sir, not at a 30-year lease. You didn't even get... } Commissioner Plummer: Sir, 30 plus ten plus ten. jJ Commissioner Alonso: Fifty years. Mr. Adorno: MontyYs Yo 's and Ha ide u gave 50 for God's sake. i Commissioner Dawkins: That's why we're not giving up any more like that, because we made that mistake. We made that mistake. Commissioner Plummer: No, no, excuse me. Monty's Bayshore had a track record. Mr. Adorno: Does Wyrnaood have a track record? Commissioner Plummer: No, sir. Not in the free trade zone. Mr. Adorn: This may give them a chance to have a track record. Commissioner Plummer: Hey! Do you think that anybody... Mr. Adorn: In any event, you guys have said - you guys have stated whatever it is. We will not agree. We're going to put on the record, we will not agree to a 30-year lease. Commissioner Dawkins: Then if you don't agree, then we will go in Wynwood and the City of Miami will run the free trade zone. That's all. That ain't no problem. That's all. Mayor Suarez: Well, did anything... Mr. Adorno: There was - I just have one thing. Mayor Suarez: OK. Let me just - let me ask, let me ask, Hank. Mr. Adorno: Can I get a corrective deed? Mayor Suarez: Let me ask. Commissioner Dawkins: As long as Wynwood can benefit, they got me. 279 October 14, 1993 Mayor Suarez: Has anybody... Commissioner Dawkins: And all the profit that you were going to make, if you don't want to run the free trade zone... Commissioner Plummer: We'll do it. Commissioner Dawkins: If the Wynwood Development Corporation can run it with the $10,000,000 that we got from the Federal Government - fine - we let them run it, and then all of the money goes to Wynwood. Mayor Suarez: All right. Question, Hank and Commissioners. Does anyone like the idea of allowing the process of the approval of the lease and the corrective deed, with the proviso that funds would go straight into an escrow account? Commissioner Plummer: No. Commissioner Dawkins: I will not vote for that. Commissioner Plummer: No, sir. Neither will I, sir. Commissioner Alonso: We'd like to hear them say that, yes, they accept the five members appointed by this Commission; and, yes, that... Mr. Rivera: No, that's different. Mr. Adorno: It's different. Commissioner Alonso: What do you mean "it's different"? Mr. Rivera: That's what I been saying. That's different from what Mr. Miller... Mayor Suarez: How is it different, Gamaliel? Commissioner Alonso: How is it different? Mr. Rivera: What he proposed... Mayor Suarez: Let him grab the mike for a second to speak on behalf of the board, which that's not... Mr. Rivera: What he proposed was that half of whatever is made go to the Wynwood community, and a 30-year lease, plus ten, ten, ten, and ten. That's what he proposed. That's different. Commissioner Alonso: Fifty years all together. Mr. Odio: No, no. Commissioner Plummer: We're saying, sir, five and five, a 30-year lease, with two ten-year options, is fine. 280 October 14, 1993 Commissioner Alonso: Fifty years. Mr. Rivera: That is, to us, is a moral issue. Commissioner Plummer: It's a moral issue. Mr. Rivera: Yes! Commissioner Alonso: It's economic. Commissioner Plummer: Moral? Mr. Rivera: Because we don't believe that the board members of the CBO should be appointed by the City Commission. Mayor Suarez: All right, Gamaliel. We're back then to the motion that is pending. Was there a second on the motion? Commissioner Plummer: Yeah, there was a second to defer. Mr. Rivera: You don't - this Commission have never done that to any CBO. They all run more land and more money than what you guys are giving - this Commission is giving to us. Commissioner Alonso: No, that's not true. I cannot keep quiet and say we have given more land to other CBOs or given more help and more staff to obtain what you have obtained. And really, we have gone and done everything humanly possible to help, and we are in the situation that we are today because Bill Rios didn't want to answer some of the questions that this Commission was asking, and that the Administration was requesting, and that was really the problem that we are facing today! Commissioner Plummer: I call the question, Mr. Mayor. Mr. Rivera: OK. Commissioner... Mayor Suarez: All right. We have a motion to defer and a second. The alternative is to table the matter, in case they wanted to have some closed - door meetings. Commissioner Alonso: Defer the item. Commissioner Plummer: I asked him and he can't do it because he can't meet with the board. Mr. Adorn: Can I at least get a corrective deed? Mayor Suarez: I'm sorry? Commissioner Alonso: He has to go to... Mr. Adorn: Can I at least get a corrective deed? factual reasons not to clear up the deed that you gave. There' s no legal or 281 October 14, 1993 Mayor Suarez: Mr. Manager and Madam City Attorney, is there any reason why we should correct the deed? Commissioner Alonso: They don't have a deed! If they have the wrong legal... Ms. Kearson: What they... Commissioner Plummer: They have no .right to a corrective deed at this point. You don't have a vested interest! Mayor Suarez: OK. But Commissioner, please! Mr. Adorn: Commissioner, I disagree. Don't make me file a lawsuit to get a corrective deed. Ms. Kearson: Well, no. No, you don't get no corrective deed. Mayor Suarez: Wait, wait, Hank. Let us at least get... Commissioner Plummer: They have no vested interest. Mayor Suarez: Is there any reason that you do not recommend that at this point, Madam City Attorney? Ms. Kearson: Yes, sir, there is. The corrective deed would allow them to begin the replatting process. We won't... ( INAUDIBLE COMNIEIYrS ) Ms. Kearson: Please, let - hear me out. It is not Mr. Adorno's clients who have the deed, it's Wynwood. Mayor Suarez: I understand. I understand. Ms. Kearson: OK Well, we need to keep that very clear. Mr. AdornoIs client... Mayor Suarez: Is there any Commissioner - we have one motion before us. Is there any Commissioner who wants to make a motion, just on the issue of the corrective deed? Commissioner Plummer: Sir, I would strongly oppose a corrective deed to someone who... Mayor Suarez: Why are you opposing it if there's no one moving it? Commissioner Plummer: Well, I want to say why! All right? Mayor Suarez: Just don't move it. Just don't move it. Please, let's get on to the next item. Commissioner Plummer: I would strongly recommend against giving any vested interest to this group which they don't presently !-Lave. 282 October 14, 1993 Mayor Suarez: All right. Final question. Mr. Adorno: We don't get an interest by giving us a corrective deed. Mayor Suarez: You have not been recognized, Hank. Is there any - now, I am going to ask you a question. Mr. Adorno: Yes, sir. Mayor Suarez: Is there anything to be gained by tabling the item until the end of this session? Mr. Odio: The end of this session? Commissioner Plummer: Well, the problem - excuse me, Mr. ... Mayor Suarez: The answer is caning pretty soon. Commissioner Plummer: Mr. Mayor, the problem is that requesting five and five, as the gentleman has said, who is the chairman of the board, he cannot give us that answer without going back to his board. Commissioner Alonso: Back to his board. Commissioner Plummer: So until that... Mayor Suarez: But from Hank's standpoint, I want to clarify that there's nothing to be gained by tabling the item. Commissioner Alonso: His board is here. Mr. Adorno: No, sir. That's not true. Mayor Suarez: All right. Commissioner Alonso: Can you meet outside? The board is here! Mr. Adorno: Can I make... Mr. Rivera: I would like to request that time. Mr. Adorno: OK. But I just want to clear out. I have nothing to do with the five and five, and the Wynwood Board. I will sit down with the Manager... Mayor Suarez: I gather you're influential with them, and I gather... Mr. Adorno: No, sir. Trust me, I am not... Mayor Suarez: You're not? Mr. Adorno: ... and I have tried. Mayor Suarez: Hank, Hank. 283 October 14, 1993 Mr. Adorno: Yes, sir. Mayor Suarez: Do you lose anything, is there any problem from your standpoint in us tabling the item for the next half hour? Mr. Adorn: No, there's not. And I am willing to meet with the staff in a... Mayor Suarez: Why do you say anything further? All I want to know is procedurally if it creates any problems for you. Don't say anything else, please. Mr. Adorno: No. I need to say about the lease. Mayor Suarez: My God, I'd hate to see you in court. Vice Mayor De Yurre: Mr. Mayor. Mayor Suarez: Maybe I'd like to see you in court. Vice Mayor De Yurre: Mr. Mayor. Mayor Suarez: All right. Commissioners, we have a motion and a second before us. It is to defer. Vice Mayor De Yurre: OK. Just for the record... Commissioner Dawkins: Wait a minute. No, no. I think he asked for time to talk. Mr. Rivera: Time to discuss. Mayor Suarez: I understand. Commissioner Alonso: He said then table the item. Commissioner Dawkins: Table it. Mayor Suarez: I understand. Please, please, please! Vice Mayor De Yurre: Mr. Mayor, I strongly... Commissioner Plummer: My motion is to defer. Mayor Suarez: I understand, but wait. Commissioner Plummer: And my motion... Mayor Suarez: You're not recognized! Would you just please be quiet. Vice Mayor De Yurre: OK. Just for the record, Mr. Mayor. Mayor Suarez: Mr. Vice Mayor, yes. Vice Mayor De Yurre: I strongly oppose - I mean, like, this is chaotic. This, the way we're performing here, to me, it's embarrassing, to tell you the 284 October 14, 1993 truth. This is - it's back and forth, and I'm telling you, I got to tell YOU... Mayor Suarez: Mr. Vice Mayor, I appreciate your comments. Vice Mayor De Yurre: No, no, but I have to... Mayor Suarez: You were chairing, and that's when it became chaotic. Now, I... Vice Mayor De Yurre: Good. I know, and that's right. That's right. No question about that. Mayor Suarez: Please, please, please. Vice Mayor De Yurre: But what I'm saying is, I cannot... Mayor Suarez: Now, sir, what do you propose to do at this point, so we can get on to the next item? Vice Mayor De Yurre: What I'm saying is, I cannot, you know, go ahead and allow - table this, and go out, and come back. This board, if - they may be all here, I don't know if they're all here - if they have to make a legal announcement to have a meeting of the board, to make a decision of this nature, to be brought back, and have another legal issue, and just have to make a decision in this haste, I don't think it's correct. Mayor Suarez: All right. So you're arguing against even tabling the item. Commissioner Plummer: Bring it back when they've had a chance to meet. I don't care when it is. Vice Mayor De Yurre: Yeah. I'll defer it. I'll go along with the deferral. Mayor Suarez: All right. We have a motion to defer, and it's been seconded, duly seconded. Any discussion from this Commission - from the Commission on that issue? Commissioner Dawkins: OK, under discussion. Mayor Suarez: All right. Commissioner Dawkins. Commissioner Dawkins: Are we deferring it until - and that with perhaps a time certain - but if the chairperson of the Wynwood Board calls the Mayor and says, I have a solution... Mayor Suarez: I will abide by that. I would definitely abide by that. Commissioner Dawkins: ... that we call a special meeting. Mayor Suarez: Absolutely. Commissioner Plummer: Sir, I don't think - we got a meeting next week. If they can call it then... 285 October 14, 1993 Mayor Suarez: We could do it probably next week. Commissioner Dawkins: Yeah, but they may have it tomorrow. Vice Mayor De Yurre: Well, sir, with one exception. Commissioner Plummer: All right. Well, let's defer it right now to a time certain, which will allow us to bring it back up on the 21st. Mayor Suarez: Well, otherwise, absent a special session, it would be deferred till the 21st, which is only a week. Commussioner Dawkins: But it cannot be November 2nd. That's the day I got to be reelected. Mayor Suarez: Absolutely not. We understand that the community would like us to make a decision before the election. That's a fair request. All right, sir? Is that unfair? Commissioner Dawkins: That's right. Mr. Adorn: To the extent that we... Commissioner Alonso: Could we... Mayor Suarez: I can't believe it. You're going to go back up to bat. Mr. Adorno: No, sir. I just want to indicate for the record that, one, in answer to your question, we're prepared to meet with the City to discuss the terms of the lease. Mayor Suarez: That wasn't my question. My question had to do with tabling the item. Mr. Adorn: Number two... Ms. Kearson: Would you speak up. Mayor Suarez: We now have a motion to defer, and you are not recognized, Hank. You've made your arguments for two hours. Mr. Adorno: No, sir. It's on the scheduling. OK? To the extent that my client agrees to do nothing between now and your next Commission meeting, assuming Wynwood calls you and tells you, I would ask, because I am in a trial, that that meeting be held... Mayor Suarez: Oh, we can work out things so you'd be present. Commissioner Plummer: Oh, yeah. Mr. Adorno: OK. Mayor Suarez: All right. 286 October 14, 1993 Mr. Adorno: Because it'll have to be - it's in Fort Lauderdale. It'll have to be after 6:00 o'clock. Mayor Suarez: We're not difficult. Commissioner Dawkins: It would be unfair for us to do that to you. Commissioner Plummer: At Monty's after 5:00. At Monty's after 5:00. Mayor Suarez: Moved to defer, seconded. Any further discussion from the Commission? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-660 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 31 (A SCHEDULED DISCUSSION REGARDING WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND THE WYNWOOD FOREIGN TRADE ZONE); FURTHER DEFERRING SAID ISSUE TO THE OCTOBER 21, 1993 CITY COMMISSION MEETING; FURTHER STIPULATING THAT IF THE CHAIRPERSON OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION CAN AGREE TO THE CITY COMMISSION'S TERMS, AS MORE FULLY OUTLINED DURING TODAY'S DISCUSSION OF THIS ITEM, THEN THE CITY COMMISSION WILL SCHEDULE A SPECIAL MEETING TO RESOLVE THIS ISSUE. 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. COVRENTS MADE DURING ROLL CALL: Commissioner Plummer: With the full understanding of what I am trying to accomplish in the deferment, I vote yes. Commissioner Dawkins: If they come back with the lease reduced, and money going into Wynwood, I couldn't care about the board. I will be voting yes, so I vote yes now. Mayor Suarez: Item 43, Mr. Klausner, quickly. Commissioner Alonso: Mr. Mayor. Mayor Suarez: Yes. Commissioner Alonso: We promised these people that we were going to give them a time certain. Commissioner Plummer: Yeah, we promised them. Commissioner Alonso: 6:00 o'clock. Mayor Suarez: "Correctissinio". I am sorry, Mr. Klausner. I guess your fees go up a little bit with time, I don't know. Commissioner Plummer: PZ 1 and 3 are nothing but asking for a study. I don't think that's going to take two minutes. Mayor Suarez: All right. PZ - which is your item that we promised to consider at... Commissioner Alonso: PZ-1. One. Mr. Cesar Odio (City Manager): Item 2 is withdrawn. Commissioner Dawkins: We got people here now on personal items. Commissioner Plummer: Mr. Mayor. Commissioner Alonso: This is due for a study and... Mayor Suarez: Please, please. Are we talking, Madam Commissioner Alonso... Commissioner Alonso: Yes. Mayor Suarez: ... about PZ-1? Commissioner Alonso: One. It's a study and... Mayor Suarez: All right. Commissioner Plummer: Wait, wait, wait a minute. Excuse me. Mayor Suarez: Commissioner Plummer... Commissioner Plummer: By law - by law, you have to adjourn the regular Commission meeting, don't you, for Zoning? I move that we adjourn the morning session of the Commission. 288 October 14, 1993 Mayor Suarez: Don't need a motion, I don't think. We're adjourned in regular session, and we are now reconvened as Building and Zoning. Cammissioner Plummer: Go ahead. Fine. MINUTES OF THE PLANNING AND ZONING MEETING OF THE CITY OF MIAMI, FLORIDA On the 14th day of October, 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 7:00 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez Sergio Rodriguez, Assistant City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ------------------------------------------------------------------------------ 52. DISCUSS AND REFER BACK TO PLANNING, BUILDING AND ZONING DEPARZMEW REQUESTED APPROVAL OF A ZONING STUDY FOR THE BLOCK GENERALLY BOUNDED BY CORAL WAY (S.W. 22 STREET), S.W. 25 AVENUE, S.W. 22 TERRACE AND S.W. 27 AVENUE (APPROX. 2500-2698 S.W. 22 STREET) FOR POSSIBLY GOING BACK TO THE ORIGINAL ZONING. (Applicant: Planning, Building & Zoning Dept.) Commissioner Plummer: Miriam, you wanted to make... Commissioner Alonso: Yes. I wanted to make a motion for a study of the area as presented to us. Commissioner Plummer: Now, hold tight. Commissioner Alonso: The Coral Way, Southwest 25th Avenue and 22nd Terrace. Mayor Suarez: Coral Way and 27th Avenue Zoning study. Mr. Joe McManus: Mr. Mayor and members of the Commission. 289 October 14, 1993 OVA Mayor Suarez: Yes. Where are we on this, Joe? Mr. McManus: Let me reconstruct this for you. On September 27th... Commissioner Plummer: Excuse me. A Commissioner was speaking. Commissioner Alonso: I want a study of the area, as we agreed before that we were going to do. Do we have changes? Mr. McManus: Commissioner, we have the study in the agenda package. Commissioner Alonso: Do you have the study? Mr. McManus: In the agenda package. Commissioner Alonso: Why do we have the consideration of approving the study? That's exactly what we want. Mr. McManus: That's what we have in the agenda package. Mayor Suarez: OK. Do you want to... Commissioner Alonso: That's exactly what we want, approving the study. Mr. McManus: Can I reconstruct... Mayor Suarez: Can you give us the highlights of it, please, Joe? Mr. McManus: We - last Commission meeting on Planning and Zoning, September 27th, you directed us to continue three items; Our study, the proposed revision of the covenant on this property, and a traffic diversion plan on 22nd Terrace and 25th Avenue. The applicant, Alena Properties, has withdrawn one of the items. That is the amendment to the covenant. Mayor Suarez: OK. So what posture are we in then? With that withdrawn, where are we? The study, obviously, is pending. Mr. McManus: We now have the Planning Department study... Mayor Suarez: Right. Mr. McManus: ... of the site, and the Public Works item on the proposed barricades on, possibly, on 22nd Terrace and 25th Avenue. Commissioner Plummer: Not "traffic barricades." They're "traffic diverters." Mr. McManus: Traffic diverters. Mayor Suarez: And Joe, what is the relationship between those two, except for the fact th t they're right close to an area? I mean, is one related to the develo,xnent that would go there, the barricades issue or diverters? Mr. McManus: It's more related to the development that would go there, with the proposed amendments to the covenant. However, because of the group of 290 October 14, 1993 people from the community who were here on September 27th and were told that that item would be continued on, we felt we had to continue it on to this meeting, rather than with taking it off the agenda. So it's now a Public Works item. Mayor Suarez: But is there any - OK, what do you recommend? What does the planning study recommend? And then we'll hear, presumably, from the property owner, maybe. Mr. McManus: The planning study recommends that for the seven lots - former lots on the southeasterly corner of the site facing directly on Southwest 22nd Terrace... Conmiissioner Plummer: Could you all sit down over by the camera, please? We can't see from here. And now, point out where you're talking. OK. Where is Coral Way? OK. And that's 27th Avenue. Mr. McManus: 27th Avenue. Commissioner Plummer: What you're saying is where the commercial stores presently exist. Commissioner Alonso: Exactly. Mr. McManus: Well, see where it says "R-311? Commissioner Plummer: Yeah. Mr. McManus: On the southeasterly corner of the block, there were seven former lots that were residential. Commissioner Plummer: OK. Mr. McManus: That whole block has been now rezoned commercial, C-1. What we are proposing now is that, first of all, the lots, southeasterly corner lots, be rezoned to R-3 - and if you can take up the next - with an SD-12 overlay. What that would mean would be the lots would then have to be used either for residential use, or through a special exception, if the developer wanted to use them for parking, he could petition the Commission, subsequently, through the special exception, to use them for parking. The advantage is, the neighbors on the south side of 22nd Terrace then are looking across on either residential or parking. (INAUDIBLE COMMENT) Mayor Suarez: Please, sir. We've had enough disruptions tonight. You will get a chance to speak. Mr. McManus: Now, the study is long... Commissioner Plummer: All right. Now, Joe, so we're talking apples to apples, if you would, tell me, item 3 places barricades where? Mr. McManus: This item is advertised in the broadest sense possible, placing barricades on 25th Avenue, somewhat south of Coral Way, and on 22nd Terrace, 291 October 14, 1993 east of 27th Ave., about a hundred feet in. The Public Works Department's actual recommendation only recommends one of those. Commissioner Plummer: Which one? Mr. McManus: The one on 25th Avenue. Commissioner Plummer: The one that exists between Coral Way and 22 Terrace? Mr. Jim Kay: Yes, sir. Commissioner Plummer: OK. Mr. Kay: Mr. Commissioner, that was recommended because at that particular time that we studied it, there was a driveway coming out on 25th Avenue to the site, a proposed driveway just north of where that barricade is. Commissioner Plummer: Yeah, but you know, let me tell you where I disagree. The one down on 22nd Terrace would protect the residents that are south of there. Mr. Kay: That's true. Commissioner Plummer: ©K? Where that one there, if you put that one alone without the other one, doesn't protect the residents that are south of 22 Terrace. So I disagree with your recommendation there, if I don't even maybe agree that both of them ought to be in place. Mayor Suarez: By the way, the implication of his statement, Commissioner Plummer, was that both of those barricades are really related to a project that would have some kind of driveways or something. I don't know that they're particularly relevant until... Commissioner Plummer: Are you not suggesting that if we accept this study, those barricades would go in immediately, or would they only go in if the project is to be developed? Mr. Kay: That would really be our recommendation. They should not go in at this time. Commissioner Plummer: If it's to be developed? Mr. Kay: They should not go in at this time. Another consideration might be a diverter plan at the intersection. Mayor Suarez: I think they were related integrally to the idea of some kind of a project there. That's why I don't know why we're going into the barricades issue until we figure out... Commissioner Alonso: ... what's going on. Mayor Suarez: ... what's going to happen on the lot. Commissioner Plummer: Well, I have no problem with that, Mr. Mayor. 292 October 14, 1993 ►1 Mayor Suarez: OK. Commissioner Plummer: They have not requested at any time that I've heard, that they've asked for traffic diverters. Mayor Suarez: Right, exactly. Commissioner Plummer: Let's go back to the SD-12. Mayor Suarez: There we go. Commissioner Plummer: That was in reference that it could be used only as a conditional use for parking? Mr. McManus: For parking. In other words, if the developer wanted to use the R-3 lots for parking, he would have that ability because that SD-12 overlay... Commissioner Plummer: Give me an idea. What would be a height limitation in an R-3? Hello? Mr. McManus: Probably about 50 feet. Commissioner Plummer: Five floors. Mr. McManus: Five. Commissioner Plummer: And you think that that would be better or more pleasing than 30 feet, which is allowed in an R-1, to the residents to the south? Mr. McManus: I think in that area you would have to increase the density over the R-1. Commissioner Plummer: Does the remainder of the block remain C-1? Mr. McManus: Yes. Commissioner Plummer: And as C-1, I don't think... As I recall, one of the proposals was the parking was to be underground. Am I remembering correctly? Mr. McManus: Part of it was underground, part of it was surface. Commissioner Plummer: You know, because I don't see - and maybe my calculation is off in my head - that that which you propose as SD-12 would be anywhere near adequate for what could go on that or other property as a C-1. They'd still have to either go underground or find other parking spaces. Mr. McManus: It would probably still go partially underground. Commissioner Plummer: OK. C-1, they are unlimited, correct? Mr. McManus: There is a floor/area ratio. 293 October 14, 1993 Commissioner Plummer: But I mean height. Mr. McManus: Yes. Commissioner Plummer: Are we really accomplishing anything? Mr. McManus: Well, the neighbors have been concerned. The neighbors that live on the south side of 22nd Terrace have been concerned. Commissioner Plummer: Well, the neighbors that have spoken to me, and I think others here, have been concerned that the back section should be R-1, rather than R-3. But if the C... (APPLAUSE) Commissioner Plummer: Excuse me, excuse me. If, in fact, the front part as C-1 is unlimited, aren't we really creating a real havoc problem for the C-1 that is unlimited in height? And I'm scared to death that that area and neighborhood would be flooded with automobiles, you know, calling it like it is. (APPLAUSE) Commissioner Plummer: I don't know how you stop it, that's the problem. Mayor Suarez: He's never gotten that many applauses in his life in a row like that. My God. Sounds like it's choreographed. Does that complete the recommendations, Joe? Mr. McManus: Yes, sir. Mayor Suarez: OK. Do you want to speak on behalf of that? And are we going to hear from the property owner at some point? Not necessarily? OK. Madam City Clerk, I think we blew it, did we not? We need to get... (INAUDIBLE COMMFU) Mayor Suarez: Yeah. We need to get you sworn in. Anyone that will answer on behalf of the property owner, if that's the correct term, or speak... Unidentified Speaker: Mayor Suarez, can we... Mayor Suarez: Just wait till we swear everybody in, please. Unidentified Speaker: Sure. Ms. Matty Hirai (City Clerk): Excuse me. Unidentified Speaker: I'd like to await the complete presentation on behalf of the City. That's fine. Mayor Suarez: OK. But let me just swear everybody in, if you don't mind. Unidentified Speaker: That's fine. 294 October 14, 1993 Mayor Suarez: Yourself, and maybe your client, in case he speaks. OK. Could you just raise your right hand and be sworn in? Anyone else that hopes to speak, understanding that if the ccrmninity is represented, the neighbors are represented by one or two people and you agree with them, you don't have to speak. You can just ultimately raise your hand and do whatever. OK? So please raise your hand and be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: All right. You were getting ready to make a quick presentation. Mr. Don Deresz: Don Deresz, 1852 Southwest 24th Street, in Miami. The only thing I want to say is, all we're doing here is correcting a Zoning issue that was created by a previous City Commission, wherein they took a residential area and changed it to commercial without us having any input on it. Thank YOU. Mr. Arthur Edelbum: As we had no association at that time... Mayor Suarez: Name and address, please. Mr. Edelblum: My name is Arthur Edelblum. I live at 2530 Southwest 22nd Terrace. We have lived there since 1949, and will remain there the balance of our lives. In 1984... Mayor Suarez: That was a very good year, 1949. I was born that year. Commissioner Alonso: I knew you were going to say that. Mayor Suarez: Good year. Like good wine. Mr. Edelblum: In 1984, the Coral Way Properties wanted the rezoning of Coral Way at 22nd Terrace, 25th Avenue and 27th Avenue Southwest. We had no .representation at all. We had no association, and the whole thing was rushed through, one, two three. Especially since Mr. Traurig was their attorney. We knew we had lost after that. The years have gone by. We have all suffered. Mr. Fraga finally decided to clean the lot up two days ago, with the rats scurrying down the street. It was terrific. Up until then, lie made no desire - no desire to clean the lot up. The weeds were eight feet tall. I just don't trust him. Let rrte explain to you what the Planning Department suggested in 1984. This is a zoning fact sheet. The Planning Department said they would deny the request of change, as it would not be in accord with the Miami Comprehensive Plan. The proposal was contrary to the existing land use patterns, in that 22nd Terrace is predominantly developed and zoned for single-family duplex residences. Such a change would establish a precedent for the remainder of the residential development on the northerly side of 22nd Terrace east of the subject property. The change suggested is out of scale with a low density residential development and the needs of the neighborhood. There has been no substantial. change in the character of the area to justify the request. The change would adversely influence the living conditions of the residential area. The property can be used in accord with the existing 295 October 14, 1993 zoning. Now, it's gotten much worse since then. The traffic is horrendous. My neighbors have been broken into. My neighbor has a gate on his door. Two weeks ago, they tried to break the gate to go into his house. We've had everything stolen - bicycles - whatever is in the neighborhood. We don't want that property to become parking or to go up 50 feet. We want it to remain single-family homes. Because a mistake was made, there's no reason why it can't be rectified. We'd like to see that changed back to R--1. That's all. Thank you very much. Mayor Suarez: All right. Thank you Art. (APPLAUSE) Mayor Suarez: OK. Mr. Milian. Mr. Arsenio Milian: My name is Arsenio Milian. I am Vice President of Silver Bluff Homeowners' Association, and I'd like to address some of the issues that you're facing here today. As you all know, Mr. Fraga has withdrawn the application for the changes in the covenants, and, of course, I guess, with the anticipation of having a more lenient Conudssion, I would imagine, because he was in pretty much of a rush to get... Mayor Suarez: Having a more lenient Commission? Mr. Milian: Apparently. Mayor Suarez: I see what you're saying. I think I see what you're saying. Mr. Milian: So he was expecting to submit this application in the future, after the election. Now, I want to address the other two issues that are in front of you. Number one, the issue with respect to the closure of the streets. I believe it's really - you shouldn't even address it. We don't know what is being - is going to be proposed for this site. It might change. As a matter of fact, it changed the day before we came in front of you last time, with an entrance... Mayor Suarez: 'You're saying the whole issue of closing streets is not one that we should get into? Mr. Milian: The closure of the streets... Mayor Suarez: It's just that they seem to always make very enthusiastic the Commissioner that is not sitting there just now. He has this thing about barricades. Mr. Milian: Right. Well, the thing is that we are suffering... Mayor Suarez: Wait till he gets back and hears me say that. Mr. Milian: We're suffering a tremendous traffic as it is right now. I don't think that the - what is being proposed for 22nd Terrace, to close that street - and that's my personal opinion, not of the neighborhood - will be changing the traffic to another area. 296 October 14, 1993 Mayor Suarez: Yeah, and I wouldn't delve too much into that. It really is not particularly an issue before us, I don't think. Mr. Milian: OK. All right. The other issue before you is the Planning Department study. Mayor Suarez: That's it. Mr. Milian: As it is presented to you, the Planning Department is proposing to have R-3, which is medium density. Mayor Suarez: Let me just suggest - excuse me, Arsenio. If you want to take the two kids upstairs, they can run around in any one of our offices, but in my office, in particular. It's kind of... (INAUDIBLE) Mayor Suarez: Then you can't leave these there? There's people up there. They'll keep an eye on him. Commissioner Plummer: Wait, wait one moment. Sir, go in my office and you can watch it on television, and if they get upset, put it on "Howdy Doody." (INAUDIBLE CCd`M' W ) Mayor Suarez: All right. Well, as soon as he's finished, I want to hear from you, because that way, they can do what little kids like to do at this time of night, which is not listening to Arsenio Milian, I know. Mr. Milian: OK. Thanks. Basically what - the problem that we're facing here, if you were to approve what is being proposed here, you have an R-3, which is medium density, residential, which is not going to be helping the neighbors across the street on 22nd Terrace. Besides, it's being proposed to approve an SD-12, which, in effect, would allow the developer to have the same thing that he had been proposing, because he could have it as parking. The only problem that I see, if you have a zoning change, you are going to be removing the covenants that presently exist, and therefore, it would open the door for the developer to really accomplish even more of what he has already being proposed. So it is a legal question. I believe if you were to remove the zoning, we would like to see it reversed to R-1 - that's the majority of the people - would like to see it reversed to R-1. Mayor Suarez: Let me ask you a question on that, Arsenio. Mr. Milian: And then the covenants would go away. Mayor Suarez: Are we in a position to do that tonight, if we were so inclined; revert right back to the original zoning? Ms. Irma Abella, Esq. (Assistant City Attorney): You're asking about the covenant, whether the covenant... Mayor Suarez: Forget covenant. Don't give me anything complicated here. 297 October 14, 1993 Commissioner Alonso: The covenant will disappear. Mayor Suarez: I think of the covenant, and I think of the Bible. Are we in a position tonight that we can bring this property back to the zoning that it used to have, which you're telling me is R-1, I guess, right? Commissioner Alonso: Yes. Mr. Milian: Right. Ms. Abella: That issue is not before you right now. You're only... Mayor Suarez: Does that mean the answer is no? Commissioner Plummer: Well, Mr. Mayor, while they're trying to figure that out, let me tell you what I think. I'm going to give you another idea here. Mr. Mayor, I don't think any reasonable... Mayor Suarez: I would hope to get the answer sooner or later. Commissioner Alonso: Yes. Commissioner Plummer: Do you want me to hold? Ms. Abella: It's just a study that has been brought up before you today. Mayor Suarez: Right. Ms. Abella: You are not in a position... Mayor Suarez: Arid on the basis of a study that doesn't quite recommend that - I gather the study doesn't quite recommend that - can we say, well, the study recommends a certain set of mitigating changes; we want to go a little farther and bring it back to the original zoning? We cannot do that buttress on this study? Ms. Abella: You cannot do that today. Mayor Suarez: We cannot do it today. Ms. Abella: You would have to advertise it and bring it back before the Commission. Mayor Suarez: OK. All right. Commissioner Plummer: Let me tell you where I'm at, Mr. Mayor. I don't think any reasonable person would buy a lot behind that C-1 for a residential building. Now, if we can put an R-1 zoning back there, with an SD-12, where conditional use for parking could still come in and be granted - I would not, and I don't think any reasonable person would build a single-family residence behind property that has the potential of going up 12 or 14 floors. It doesn't make sense. Who's going to waste their money and build a single- family residence there? Nobody. But if you want to do it for the protection of the neighborhood, with the potential SD-14, that it could come back here, 298 October 14, 1993 and we could approve it for parking, I got no problem. But other than that, I could not go for it. Mr. Milian: Conudssioner, If I may respond to that. Commissioner Plummer: Sure. Mr. Milian: You're saying that no one would build a house. The fact of the matter is that all of that area... Commissioner Plummer: No. I said no reasonable person. Mr. Milian: OK. Well, there are a lot of reasonable persons who are already living in that area, in single-family homes. Commissioner Plummer: Sir... Mr. Milian: And they were surrounded by commercials. If you recall... Commissioner Plummer: But they sold out and got out, because they thought that there was a potential... Unidentified Speaker: No, they did not. Coffaissioner Plummer: Excuse me, excuse me. Commissioner Alonso: But then other reasonable individuals purchased the property, and moved in. Commissioner Plummer: Saunders was a one -floor structure. Am I correct, or two floors? Mr. Milian: It was one floor. Cannissioner Plummer: OK. The commercial out there on Coral Way now is one floor. What is there in a C-1 is probably going to be developed, as we all know, at its highest and best use. That could conceivably be ten, 12 floors. (INAUDIBLE Ca&EWM ) Commissioner Plummer: Excuse me. To the Department, is that conceivable or not? Mr. McManus: It's conceivable. One limit is floor/area ratio. Commissioner Plummer: OK. I'm saying if it's conceivable. Nobody is going to build a single-family residence with a 12, ten -story, eight -story building backing up to than. (INAUDIBLE Ca4EWr) Commissioner Plummer: What? Well, I wouldn't. Mr. Randy Simpson: Well, you may not want to live there, but there are people who live behind Miracle Center, there are people who - I'm not recognized... 299 October 14, 1993 Commissioner Alonso: That's right. They're not happy, but they live there. Commissioner Plummer: Well, OK. Commissioner Dawkins: Come up to the mike, sir, and give your name. Mr. Simpson: My name is Randy Simpson, and I live at 2653 Southwest 23rd Street. The reason we're here is because there are restrictive convenants that run that land. That's the only reason we have any power as an association or as a group of people to be here. By making modifications to the zoning, and by going to anything other than R-1, you're immediately opening up a window of opportunity to a developer to go against everything we're trying to fight and prevent from happening. We're trying to prevent things like uncontrolled traffic. We're trying to prevent things like uncontrolled development. By giving any kind of an SD-12 overlay, by preparing an opportunity for a developer to come in through some sort of a variance program, and put in a parking lot - we had no problem with having a parking lot there in the first place, as it is. We had an agreement with the developer weeks and months ago, with what should go on that site. It was the night before we came - the night that we came to the Commission to get that approved that he changed at the last minute. The developer wants to have access to the neighborhood to get to his project. His project is inaccessible as it exists. Coral Way on 27th Avenue is inaccessible. You can't get to his site via Coral Way and 27th Avenue. His main tenant, Eckerd's, wants to have access through the Silver Bluff neighborhood in order to get their customers in there on the site. Commissioner Plummer: Sir, that's been withdrawn. Mr. Simpson: 'That's what we're trying to fight, and that's the bottom line. Commissioner Plumper: It's been withdrawn. Mr. Simpson: By your going with recommending anything other than an R-1, you're giving the developer to have an opportunity to have access, and penetrate our neighborhood through accessing our neighborhood on the streets and having his clientele benefit by having access through our streets. Everybody in Coconut Grove and the south part of Silver Bluff will be accessing that site through Silver Bluff, and that's what we're trying to prevent from happening. And it's too comprehensive to fight over this issue here now. No one really understands completely, as much as we do. Mayor Suarez: All right. Commissioner Plummer: Can we remove the covenants? Ms. Abella: That's an issue that is being at the time researched by the Law Department. There is absolutely no law in Florida, no case law in that respect, but we are researching it. Commissioner Plummer: No case law that says we can or cannot? Ms. Abella: There's no case law going either way. 300 October 14, 1993 Commissioner Plummer: So it tells us neither way. Ms. Abella: Right. Mayor Suarez: OK. I have a feeling that we're going to be heading - I think that - I don't know if I hear a consensus - but there may be a consensus at some point to having this restudied with instructions that you consider zoning back to the initial R-1, and if we resolve th t, Commissioners, be thinking about how you would vote on that, because that may be the motion, the appropriate motion at this point, if we follow the wishes of the community. Commissioner Alonso: We can lower to the - send it bark and come back to us, or we can do it tonight, to the R-l? Ms. Abella: You cannot do it tonight, because this has not been properly advertised. Commissioner Alonso: It has to go through the process. Commissioner Plummer: But it can go R-1 with an SD-12. Is that correct? That's what I would vote for. Mayor Suarez: OK. Mr. Simpson: May I add one more thing, if you don't mind, please? Mayor Suarez: I can't imagine anything further that could possibly be said on this that - but try us for a minute or so, because we've got two or three other matters still pending. Mr. Simpson: I'll make this very fast. The comprehensive zoning plan went into place in the City of Miami at one time, which is why you have an alley separating commercial from residential along Coral Way. By breaching that alleyway, and by the City vacating that alley, allowing this developer to have a greater FAR (floor/area ratio), allowing this developer originally to try an overimpact that site, that's the problem we've got. By going back to an R-1, and even by going even further and see if you could retake that alley, that would solve the problem, because there's a plan... Mayor Suarez: Maybe when we send it back then, we have them consider both alternatives in the planning study. Commissioner Plummer: Excuse me. We're being told by the Law Department they can't give us an answer as to whether or not we can remove that covenant. Mr. Simpson: All right. Then, further study obviously needs to take place. Commissioner Alonso: Yes. Commissioner Dawkins: You know what, J.L.? I take exception to removing the covenant. You know, we sit up here, we get the neighbors to go along with us because the developer gives a covenant which says to the - the neighbors are unhappy with it, but the neighbors say, "OK, we'll meet you halfway, because 301 October 14, 1993 we don't want to stop development, and then you meet this criteria." And for the last eight or nine months, these covenants that were given to run along with the land, we sit here and undo them. And in my opinion, that's unfair to the neighbors. (APPLAUSE) Commissioner Plummer: Well, the neighbors are actually requesting... Commissioner Alonso: But the neighbors... Commissioner Plummer: The neighbors - excuse me. If I'm not mistaken - and please correct me if I'm wrong - the neighbors would like the covenant removed, which would reopen the alley. Am I right or am I wrong? Mayor Suarez: Folks, folks, you're ganging up, up here, and I don't understand what you could possibly... Mr. Simpson: Well, I'd like to - Mr. Mayor... Mayor Suarez: Wait, wait, wait. Let me state the problem. We're going to have to hear from the property owner. We have heard up here that the City needs a legal opinion as to just how far we can go; that that's pending; that the City needs a Planning study, whichever way we go. That is not a matter of legal opinion. That is a matter that apparently is absolute. We - I think - at least I've stated that I think the consensus may well be that we'll want to go back to R-1. OK? Commissioner Alonso: To R-1. Yes. Mayor Suarez: As a Commission. Now, having said all of that, why is everybody bunching up to the microphones, Rosemary and company, and the Jorges, who I haven't heard from back there, what could you possibly add to this, rather than let us hear from the property owner, whose rights... Mr. Joe Corral: Well, we'd like to offer a different opinion. That's the reason we want to stay. Mayor Suarez: All right. I want to test you on that - whose... Mr. Corral: OK. Mayor Suarez: Wait. And then we got the guy with the kids. He's not giving up either. Commissioner Alonso: He needs a chance. He has two kids. Mayor Suarez: Little kids, we always say, you know, you can't bring up little kids or God up here to argue your case, and you've got little kids galore there. Now, ultimately, we have to hear from them. I have a feeling that we're going to have to send it back for a planning study with certain instructions, and then complete our legal opinion... 302 October 14, 1993 EL Mr. Corral: But I want to make one point. Mayor Suarez: And I still... K Mr. Corral: One point. Let me make one point, please. Mayor Suarez: Shush! Just wait! Mr. Corral: OK. Commissioner Plummer: Who got killed? Mayor Suarez: Because I'm hoping to preempt some of what you're going to say, sir. Commissioner Plummer: Who got killed? Commissioner Alonso: I almost did, if that thing jumps over here. Mayor Suarez: I'll tell you why. We have two or three matters that are left over from this morning, and I've got to leave at 8:00 o'clock, and I would like to... Mr. Corral: You may be surprised with what I say. Mayor Suarez: ... be able to participate in this discussion. So typically, when I get into this, I go half a minute, 30 seconds, and I take the matter just about to the point that we can vote. I've been doing this for eight years, so please trust me. OK? Now, having said all of that, and Rosemary about to sit down, what do you want to tell us? Mr. Corral: We're not - I mean, you've been - they've been talking... Mayor Suarez: Name and address. Mr. Corral: Basically - my name is Joe Corral. I live at 2411 Southwest 23rca Avenue. With all due respect to my new neighbors, I mean, there basically may not be a consensus among the neighbors as to whether or not we support the project of not. I think there may be some people in the neighborhood that aren't adamantly opposed to it, and would like to try to work with the developer to try to come up with some solutions... Mayor Suarez: OK. Now, you're not letting him speak. Mr. Coral: I wasn't involved with what's going on behind - you know, before today, so I don't know what was discussed. But the way I look at it, I think realistically speaking, the property is probably one of the best properties in the whole City. It's going to be developed. It's a desirable corner, and something is going to happen there, and I think that, to me, I'd prefer what they propose to the current drive -through liquor store and the hole in the ground that's there now. And I don't think the... Mayor Suarez: OK. I see what you're saying. You're saying that there are some conceivable things that could be built, even with the existing zoning, 303 October 14, 1993 even if it goes back to R-1 on the back side, that would be worse than what you might be able to agree with them on. Mr. Corral: What's there now. Commissioner Plummer: See, that's my concern. Mr. Corral: First of all, I think what they want to do is viable, and I don't think that the site would ever work for - I don't think anybody is going to buy a house there. I don't think the cost of the land would allow it to be developed as single-family homes. Mayor Suarez: OK. I hear you. See, you did win the bet with me. You do have a different perspective. OK. Commissioner Alonso: Yes. Mr. Corral: Right. I mean, in order to build townhouss there, I think I've heard they would have to be priced at $200,000. I don't think that anybody is going to buy a. $200,000 townhouse on Coral Way and 27th Avenue. (INAUDIBLE CUMU) Mayor Suarez: OK. Please, please. Mr. Corral: So, I mean, basically, I think we should focus on this opportunity. Mayor Suarez: Well, the neighbors wouldn't mind if it ended up being nice, grassy lawns or something either. Mr. Corral: Right. Maybe a park. Mayor Suarez: You know, to go behind some commercial activity, you know, there's nothing wrong with that. Mr. Corral: Right. So I... Commissioner Plummer: Always turn it into a park. Mayor Suarez: That's part of the initial idea, I think, on those lots. Commissioner Alonso: Into a park. Commissioner Plummer: Oh, yeah, turn it into a park. Take it off the tax rolls. Commissioner Alonso: Please. Mr. Corral: So I think that basically, what he is proposing is going to be a nice shopping center. We all shop at shopping centers every day. I think that what they're going to do is, they're going to - Eckerd's is going to - I mean Publix is going to expand their store across the street, which will give us a new grocery store. I mean, it's a joke right now. It's horrible. 304 October 14, 1993 It's - you know, it's a real - it's a discomfort to go there. I'm actually afraid for my life to go there. I think Publix will put some money into that store. We'll have a new grocery store across the street. We'll have an Eckerd's Drugs. You know, I just don't see the alternatives being any better. I think they'll be worse. Mayor Suarez: That's an interesting point. Interesting point. Mr. Corral: So let's try to work with these people. Mrs. Corral: That's my husband. I'm not going to say anything, Mayor. That's my point. Mayor Suarez: That was your point. That was your point. Commissioner Dawkins: Come to the mike, sir. Commissioner Plummer: Mr. Mayor, why don't you hear the gentlemen with the two kids so he can go back and watch television. Mayor Suarez: I can't imagine anything that he could possibly add, now that we've heard every possible perspective, but since he has the two kids that are desperate to go off and do something else - no, maybe not. Maybe they're pretty excited about this. Mr. Ralph Rios: Hi. I'm Ralph Rios. I live at 2425 Southwest 22nd Terrace. Last week, they've already started to put lines on 22nd Terrace, to add poles for electricity, I would imagine. It says FP&L. I've got lines running on the back side of my - I .live on the alley. Mayor Suarez: All right. I see your concern, Ralph. Wait a minute. Anything that they've done over there that is any way... Unidentified Speaker: That's a tree planting... Mayor Suarez: Whoa, whoa, whoa. ... that is in any way, Mr. Williams, Madam City Attorney, Assistant City Attorney, that is in any way violative of what they`ve got up to now, or anything to concern us? Mr. Rios: Could I finish? Mayor Suarez: I guess you haven't heard a complete description of what is, in fact, going on there. Commissioner Plummer: Wait a minute. FP&L is planting trees? Unidentified Speaker: No. They're marking where FPL's underground lines are, and telephone lines, and they're planting trees in the neighborhood right now. Commissioner Plummer Oh, OK. I can't even get them to fix a light. I was wondering if they were planting trees nowadays. Mayor Suarez: OK. Does that kind of ease some of your concerns? 305 October 14, 1993 Mr. Rios: One, one, one of my concerns. Mayor Suarez: OK. What's the other one? Mr. Rios: Because I don't want lines running in the front, running in the I think that if they're going to put any kind of - instead of blocking off streets, and doing this and that, and all these other things that everybody wants to do, if they want to do something with that property, if they seRiosusly want to do something with that property, and it's going to be a hassle to me, because I live on the block where that property's happen, and a hassle to a lot of the other neighbors, buy our houses up. Buy us up. If you really want to do it, buy us up. Don't just leave us hanging, coming here to do this, and to do that, and to do the other, and then everybody's going to do whatever they want to do. Think about the neighbors. Think about the people that are in the properties. I have now one of the nicer homes in that neighborhood. I work very hard on my house. Either leave it the way it is, or buy me out. Mayor Suarez: Giovanni. Mr. Rios: And I think there's a lot of other people that haven't spoken... Mayor Suarez: Are you catching some of this? Where's the camera that... Mr. Rios: I think there's a lot of other people that haven't spoken... r Mayor Suarez: Wait, wait, wait, Ralph. This is important. Where is the camera that catches this? I mean this is totally unprecedented. Look at that. She's going all the way around that thing. Mr. Rios: There's a lot of other people that haven't spoken that feel that way in our neighborhood. Mayor Suarez: Did you coach her into doing that? Mr. Rios: No, I didn't coach her. Commissioner Plummer: I got to tell you, he is a brave man. Mayor Suarez: Wow. All right. Very good. Thank you. Commissioner Alonso: The look so familiar to me, my grandchildren. I'm excited by this. Mayor Suarez: Folks, make your - you're really cumulative testimony here, and dynamic testimony, and everything else. All right. Mr. Rios: Well, that's the way it is. Mayor Suarez: Yeah, I know, I gather that's definitely the way it is at your house. And it was almost a tragedy there as he almost pulled the podium on top of him. ( INAUDIBLE C9M1ENl') 306 October 14, 1993 Mayor Suarez: No. I didn't mean to. I'm sorry if you took it that way. I was actually trying to compliment you. Mr. Rios: I have a hard time. My wife goes to school at night, and I take care of the children. Mayor Suarez: Very good. They remind me of my own kids at that age. I didn't have the bravery to cone to City Hall and argue with them, and you obviously do, so I commend you. Commissioner Alonso: He's doing a great job. Mayor Suarez: All right, sir. (APPLAUSE) Mr. Ben Fernandez, Esq.: Ben Fernandez, on behalf of the landowner, 201 South Biscayne Boulevard. I say "landowner," because there is no application pending before you at this point. And up to now, we've been working with the covenant, and with the City Attorney on the reasonableness of the restrictions within that covenant, and there is case law on that, as you'll hear from your City Attorney. As she clearly pointed out, there is no case law on the pending recommendation from the City. We really don't know how to address it legally at this point, nor do we have an opinion on it until we hear something from the City Attorney's office as to the covenant. What happens to the covenant, should this recommendation be approved? I think that without that, the landowner is really being prejudiced. Commissioner Plummer: I don't think there's any question, we have the right to down -zone. Mr. Fernandez: He's unable to even take a stand. Commissioner Plummer: Sir, you know, I've sat here a long time, and I don't think there's any question, this Commission has the right to down -zone, if we see fit. Mr. Fernandez: I'm not saying that, Commissioner. I'm just saying that if you do down -zone, we don't know what the ramification of that is, in terms of the covenant. There is a covenant that presently runs with the land. If you're going to down -zone and that covenant remains in e fect, then I think that you're considerably affecting our owner's property rights. Commissioner Plummer: That's an interesting point. Interesting point. Yeah. Mr. Fernandez: And for the record, I would have to make... Commissioner Plummer: Well, in effect, we're busting the covenant by down - zoning. Unidentified Speaker: Rezoning, not down -zoning. Mr. Tony Fraga: That's correct. 307 October 14, 1993 Mr. Fernandez: That would be the logical assumption. Commissioner Plumper: Well, down -zoning is below what it is presently. Unidentified Speaker: No. It's above. Mayor Suarez: All right. Please, please, please. We got high paid help up here who will advise us if it's down -zoning or rezoning. I'm not sure there's any difference. Anything further? Mr. Fraga: OK. I am Tony Fraga. Commissioner Plummer: Speak in the mike. Mayor Suarez: You might want to move a little bit closer to the mike. Mr. Fraga: I'm Tony Fraga, the developer of the land. I'd just like for the public record to - for you all to know that the application was withdrawn, and those of you who practice law know that my lead counsel, Al Cardenas is sick, and has been sick since the last hearing, and that's one of the reasons that that application was withdrawn. I want to remind you that the lot was bought with certain rights to build certain buildings on it. Commissioner Plumper: Tony, tell me again. It was withdrawn for what reason? Mr. Fraga: Mr. Al Cardenas... Commissioner Plummer: Yeah. Mr. Fraga: ... is sick, and has been sick for about... Commissioner Plummer: Is sick? Mr. Fraga: Sick. Commissioner Plummer: So you didn't have legal representation by your normal counsel? Is that why you're saying it's withdrawn? Mr. Fraga: That is correct. That's correct. Commissioner Plummer: Did you withdraw it to the effect that he would have to refile an application and pay all the fees again? Mr. Fraga: That's correct. Mayor Suarez: That's the first time that we've ever heard that somebody has done that - I'm sorry to interrupt you - because the attorney was sick. I mean, I know that it is an awful circumstance to be in, but that's... Mr. Fraga: OK. But, you know, I... Mayor Suarez: OK. But we have it on the record. 308 October 14, 1993 i r.:iYAY� Mr. Fraga: You know, I want that for the record, you know, because implications have been made here that it was for another reason. Mayor Suarez: Right. Commissioner Plummer: We need the revenue. Mr. Fraga: What I... Mayor Suarez: So it's not a procedural trick of some sort. All right. Mr. Fraga: OK. When this zoning hearing was proposed, it was proposed to be heard in conjunction with our development. The development that we have proposed, which you had a glimpse of, is basically one sixth of what legally I can build on that land today. That's, you know, basically the position that I wanted to state. Mayor Suarez: OK. And when you - if the motion passes, and we ultimately get a study back, and we are considering the kinds of things that have been mentioned here today, we certainly want to know, because it's for ease of our determination, what can be built. I mean, he says one sixth now. You know, just give us a little model of what can be built, depending on the different alternatives that we choose. Commissioner Plummer: Oh, yeah. Mayor Suarez: You know, that's very helpful to us. Commissioner Plummer: Mr. Mayor. Mayor Suarez: Yeah. Commissioner Plummer: I was here, and if you - I don't know if the department still has the rendering which they were bound by at the the time, of what they were building, what was going on that property was humungus. I mean, big, big, big, big. And we only approved that covenant, Mr. Mayor, because that reduced to half of what they were trying to really get on that piece of Property Mayor Suarez: All right. Commissioner Plummer: So, you should see that rendering. Mr. Fernandez: And, Commissioner, that... Mr. Fraga: Commissioner Plummer, you saw what I was proposing, too. Mr. Fernandez: That wasn't my client's proposal. Commissioner Plummer: You need to see that rendering, what could be proposed there, without the covenant. Mayor Suarez: But we know - you don't have to say it. 309 October 14, 1993 Unidentified Speaker: What? Say it for me, then. Mayor Suarez: The advice of, coming up here and saying, "Look what I could have built. Instead, I'm going to build this, and try to get you to approve something, when you could actually approve a whole different use of the land, if that's legal." OK? So we knaa that argument. Bob Traurig used it up here a lot. Commissioner Plummer: Mr. Mayor, I think it would be very much appropriate that we send this to the Zoning Board through the normal procedures. Mayor Suarez: Absolutely. Commissioner Plummer: As long as it's zoned R-3, it can be reduced to R-1. You can always give less than what is advertised, you cannot give more. And as far as I'm concerned, we're really spinning our wheels this evening to go anything further. So let's go ahead and get it through the process, get it started, let it go through the two processes below, and then it will come to us, and we'll then have the authority to do something, yes or no. Mayor Suarez: All right. May I take that as a motion, please? Commissioner Plumper: Yes. Mr. Fernandez: Commissioner. Mayor Suarez: So moved. Mr. Fernandez: Commissioner, with all due respect... Mayor Suarez: Yes, counsel. Mr. Fernandez: If that is the motion that is going to be made, I believe I need to make the record... Mayor Suarez: Oh, I thought that you were anticipating that, because I said that's what I thought we were going to have, but go ahead. Commissioner Plummer: No, excuse me. Sir, you don't, I don't think, have the right to make the record. This is item 1 and 3. Yo would have had a right to make the record on 2, which you withdrew. Mr. Fernandez: Commissioner, with all due respect, this is the... Mayor Suarez: Let - you... Mr. Fernandez: This is the landowner whose property rights are being affected. Mayor Suarez: He's not chairing the Commission yet. He may be very soon. I'm going to let you speak. Mr. Fernandez: OK. 310 October 14, 1993 Mayor Suarez: So please, make it brief, because we told you that may be the way this would head, and you and your client had ample opportunity, but go ahead and make a quick statement. Mr. Fernandez: Well, I first just pointed out that without the benefit of a legal opinion, we would not be able to take a position, and I would hope that I would get some reaction from that comment, but apparently, it did not phase the Commission. So if you are confident in making a motion and you feel that that's the proper thing to do without really knowing what the ramifications of a down -zoning may be, in te_*nns of the... Mayor Suarez: We're not going to know tonight. We've been told by our attorney that they can't give us all of that tonight, right. Commissioner Plummer: We're not going to know. That's the problem. Mr. Fernandez: They can't give you all - that's why I'm saying that this should be continued. Mayor Suarez: But it doesn't hurt to study with an eye to doing something that clearly, the neighborhood wants, and that maybe this Commission wants or does not. I don't know yet. Mr. Fernandez: Clearly, clearly, Mr. Mayor, I understand that. But for the record, then, I'd just like to say that down -zoning in this case would constitute a reverse spot zoning. It would be unconstitutional, it would be a confiscatory move on the part of the Commission, and would constitute a taking under the Fifth Amendment. Commissioner Alonso: So we are going to do a simple study... Commissioner Plummer: No. I made a motion to send it through the normal process and let it start to the process. Commissioner Alonso: It will cane down to R-1. Commissioner Plummer: It will go to Planning and Zoning, and then Zoning, and then back to us. Mayor Suarez: All right. That sort of builds up the legal record, and I know that's probably the reason you're doing it. Ms. Nancy Abrams: OK. While - OK. My name is Nancy Abrams, at 2401 Southwest 23rd Street. While you're in the process of reviewing your rezoning - OK. I'm a native. I grew up in the community. It was a small town community, with a little Publix that was built for, you know, a smaller population back in the 150s or whatever. Anyways, right now, 22nd Terrace and 23rd Street are main thoroughfares right now off of Coral Way. OK? That is the shortcut from 22nd... Mayor Suarez: You're telling us all kinds of great and interesting stories. Ms. Abrams: No, but... 311 October 14, 1993 .. 'yA.t;+7. Mayor Suarez: Do you have any problem with the motion that is being made? Ms. Abrams: No. I don't have any problem with it at all. But as far as... Mayor Suarez: You figure you got all the way up to the mike, and you're going to have your say, no matter what. Ms. Abrams: No. As the residents in the area who are paying very high property taxes, they have rights, also. And while you're doing your reviewing, OK, I don't want it to end up like another Coconut Grove... Mayor Suarez: Do you have any suggestion of anything we can do while the study is being done, which the City tells us, the City staff tells us we have to do? Looking to possibly... Ms. Abrams: Complete underground parking, with no blocking off any public streets that we are paying taxes on, OK? Commissioner Alonso: But actually, we are doing all of this process to do what you want. Commissioner Plummer: We're doing the only thing we can do. Ms. Abrams: I don't want that. You can't get across - if that happens, OK - you can't get across Southwest 27th Avenue or Northwest 27th Avenue on the other side of Coral Way. You will not be able to make a left over there, whatsoever. You will not be able to go into Coconut Grove. OK? It's getting to a point where it's just outgrown the area. OK? If you have a major building built right there, it's going to be the same thing like by 20 - let me see. Mayor Suarez: You would like to have grass and tulips growing there is what you're saying. Ms. Abrams: No, no, no. Not that at all. I wouldn't mind just regular little stores, maybe a little strip center that's done in good taste. OK? Mayor Suarez: That may be where this is all headed. Is. Abrams: But... Mayor Suarez: ... if the FAR comes out that way, and the use comes out that way from the study, and the Commission approves it. Ms. Abram: Right. OK. Mayor Suarez: That may be well where this is headed. Ms. Abrams: If a large, tall high-rise is built there, the office workers are going to be parking up and down the streets there. Mayor Suarez: Oh, no. Nancy, Nancy, no hypotheticals like that, please. We are not headed in that direction. 312 October 14, 1993 Ms. Abrams: It's happening four blocks away by Galleria Novita. Mayor Suarez: We're not heading in that direction for this lot. Ms. Abrams: OK. Thank you. Mayor Suarez: This Commission is about to entertain a motion, as made by Commissioner Plummer. Ms. Abrams: Thank you. Mayor Suarez: It hasn't been seconded. Commissioner Alonso: It was. Mayor Suarez: It was seconded, to study this with an eye to zoning it right back to what it was before all these changes. Commissioner Alonso: The way it was. Mayor Suarez: And I think there was a suggestion, too, that we look at the possibility of recapturing the easement, and I think that should be built into the motion. Does the movant accept that? Commissioner Dawkins: Yes, he does. Mayor Suarez: All right. Commissioner Alonso: He does. Mayor Suarez: And the second accepts that? Commissioner Alonso: Yes. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Yes, sir. Mr. Kay: As far as the easement, you mean the alley in there that's... Mayor Suarez: Yeah. I'm sorry, the alley. Mr. Kay: That alley was vacated and closed by plat. The owner would have to replat to open it up. Mayor Suarez: Study the possibility. If you come back and tell us that it cannot legally be done without the owner's... Commissioner Alonso: Well, hold it. But if it was done by plat, can we change it? Mayor Suarez: I think he's saying no. Mr. Kay: The owner would have to replat. 313 October 14, 1993 Commissioner Alonso: Would have to replat. Replat. It was plattea witn the property. Mayor Suarez: Study it and come back when you've got legal opinions. We just don't want to drop that idea, in case it can be done. All right? Moved and seconded. Commissioner Alonso: OK. Let them take a look, but I don't think that once it has been platted... Mayor Suarez: Why are you - I'm sorry. Commissioner Alonso: ... you can actually change that. I don't think so. Mayor Suarez: All right. Ms. Abella: Not without going through the replanning process. Mayor Suarez: Which I guess you're saying the owner has to do. Ms. Abella: That's correct. Commissioner Alonso: And can you legally ask an owner to do that? Ms. Abella: No. Commissioner Alonso: Then tell the citizens the truth. It cannot be done. Mayor Suarez: He's already disagreeing. That has to be part of the study, unless the movant has a problem with making it a part of the study. If it cannot legal... Commissioner Alonso: No, we make it part of the study. Mayor Suarez: All right. Yeah, don't believe that that might be easy. Commissioner Alonso: But what I don't want to do is give them the impression of something that we know it cannot be done, you know, and get their hopes to a degree that it's not acceptable. Mayor Suarez: That's a fair enough comment. Commissioner Alonso: Tell them the truth. Yes, we'd like to down -zone to R- 1, the original zoning that it had, but the other part, we don't know. We don't think we can possibly do that. Mayor Suarez: They're saying right now, superficially, no. Why do you want to argue, madam? Why are you adjusting the microphone? Commissioner Alonso: Well, the Legal Department is saying no. Ms. Maria Alvarez: Because I have something to say. 314 October 14, 1993 S \f Commissioner Alonso: We added it to the motion, but we don't think that it will be possible. Yes. OK. Mayor Suarez: You have something to say, like a story, like Nancy was telling us, about the trees, and the life of the community and all of. that. Ms. Alvarez: No. I'll be very brief. Mayor Suarez: What is your name and address, and what could you possibly say that hasn't been said already? Ms. Alvarez: My name is Maria Alvarez Guardo, and I live at 2360 Southwest 25th Avenue, and I know that time is of the essence, but I think that it's very important. We're considering here the developer., and we're considering who will occupy those houses if we rezone to R-1. But I think that we're forgetting the 1,000 plus families that currently comprise Silver Bluff. Nobody is considering the traffic, the noise, the crime that we're going to have seven days a week, if we turn the property into anything else other than R-1. Mayor Suarez: All right. Very good. So you're certainly in favor of the motion. Ms. Alvarez: So I think that... Commissioner Alonso: You mean the entire property? Ms. Alvarez: No. Mayor Suarez: The back lot. Ms. Alvarez: Just the area on 22nd Terrace. Commissioner Alonso: I don't think that the neighbors understand that we want to - I think we have a consensus here to R-1, so the Commission is going your way. It seems to me that way. (APPLAUSE) Ms. Alvarez: Everybody is considering... Commissioner Alonso: At least for one vote, and I can see that the rest of the members... Ms. Alvarez: Everybody is considering who will purchase a house there, who will buy a house there, who will build it. But... Mayor Suarez: That argument has already been made. Ms. Alvarez: Excuse me? Mayor Suarez: We've heard it. We agreed with you. What more do you want? 315 October 14, 1993 Commissioner Alonso: We agree. We agree. Ms. Alvarez: I want it to turn R-1, that's what I want. Mayor Suarez: Don't you want us to vote so that that can head in that direction, ma'am? Commissioner Alonso: That's what we want. That's what we are trying to do. Ms. Alvarez: That's the only thing I want. Mayor Suarez: All right. We have a motion and a second. Any further discussion? Commissioner Alonso: That's the idea. (APPLAUSE) Commissioner Plummer: I understand that my motion... Mayor Suarez: Yes, sir. Commissioner Plummer: My motion is to send it back and start the process. Mr. Albert Vera: My name is Albert Vera. I live at 2431 Southwest 24th Street. This issue has been dragging along for a very long time. Can we meet sometime next week to bring down the zoning to R-l? Mayor Suarez: The matter is being referred to the Zoning and Planning Department so that they, with all due dispatch under the codes, come back with the recommendation that you would like, sir. That's the best we can do. Commissioner Plummer: The normal process. Mr. Fraga: Mr. Suarez... Mayor Suarez: I don't know what the answer is to that. Why would you interrupt me when I'm trying to clarify the timing on this for this man? Mr. Fraga: I'm sorry. Mayor Suarez: What is a fair estimate of the time? Just so we... (INAUDIBLE CUVOU) Ms. Abella: Two months. Mayor Suarez: Possibly for the Zoning hearing of November, is what they're... Mr. Fernandez: Excuse me, Mayor Suarez. Mayor Suarez: Please! We're asking staff. Mr. Ron Williams: I believe I'm hearing, Mr. Mayor, that it will be after November 15th. 316 October 14, 1993 Mayor Suarez: All right. Commissioner Plummer: Oh, I be it will be. Mayor Suarez: OK. That's about as quickly as we can do it, sir. Commissioner Alonso: And longer, too. Mr. Fernandez: Mayor Suarez, a point of clarification as to the motion. Will that also include an opinion from the legal - from the City Attorney's Office? Just a legality. Mayor Suarez: Absolutely Everything we do has to include an opinion. Otherwise, we're acting... Commissioner Plummer: We'll give you a freebie. Mr. Fernandez: Can we please have the motion then restated, for the record, so that we, you know, have it all, exactly? Mayor Suarez: I believe the motion is to refer this to the Planning and Zoning Department for a study, looking to put this property back into the zoning that it had before the rezoning took place; that is, to say, residential zoning for those lots; and, of course, accompanied by a legal opinion, as the law requires us to have so that we can do that. Yes, sir. Mr. Fraga: I just want to remind the Commissioner that about a month ago, you instructed your department to conduct a study, which they did, independently, which they recommended to you a certain zoning. Today, we're here, and, you know, the neighbors did not agree with the zoning. We're going buck to the same exercise. Meanwhile, this land is undeveloped, and, you know, I just wonder how long we're going to be coming back here and asking for studies. Mayor Suarez: Well, they have a concern that you pulled back your item,so that we couldn't work out certain agreements, and that may have solved this whole problem. So either way, they think you're taking procedural advantage of there, you think that they're taking procedural advantage of you, and we think we're doing the right thing. All right. Moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Mr. Mayor, that is for PZ-1 and 3. Mayor Suarez: Yes. Commissioner Plummer: Oh. Well, I thought that we could do them both together. Mayor Suarez: We do them both, Madam City Attorney? Commissioner Plummer: Just to defer. A. Quinn Jones, III, Esq. (City Attorney): You have to take a separate vote. 317 October 14, 1993 Ms. Abella: You have to take a separate vote. Mayor Suarez: All right, on PZ-1. Commissioner Plummer: I move PZ-1, to start it through the normal process. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-669 A MOTION REFERRING BACK TO THE PLANNING, BUILDING AND ZONING DEPARTMENT PROPOSED RESOLUTION FOR THE REZONING OF THE SOUTHEAST CORNER OF THE BLOCK GENERALLY BOUNDED BY CORAL WAY (S.W. 22 STREET), S.W. 25 AVENUE, S.W. 22 TERRACE AND S.W. 27 AVENUE (APPROXIMATELY 2500-2698 S.W. 22 STREET) AS R-1, RESIDENTIAL; FURTHER INSTRUCTING THE CITY ATTORNEY TO REVIEW SAID PROPOSAL FOR CORRECTNESS, AND COME BACK WITH A RECOMMENDATION FOR COMMISSION APPROVAL. 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. 318 October 14, 1993 ;td8's� pyi4�?7r'�y ------------------- ---------------------------------------------------------- 53. INSTRUCT ADMINISTRATION TO BEGIN PROCESS TO PROHIBIT ACCESS TO (a) S.W. 22 TERRACE 100' E. OF S.W. 27 AVENUE; AND (b) S.W. 25 AVENUE 100' S. OF CORAL WAY (S.W. 22 STREET), PER SECTION 54.17 OF THE CODE. (Applicant: Public Works Dept.) Mayor Suarez: And on PZ-3. Commissioner Plummer: PZ-3, start it through the normal process. Commissioner Alonso: Second. Mayor Suarez: So mewed and seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-670 A MOTION INSTRUCTING THE ADMINISTRATION TO BEGIN THE NORMAL PROCESS (PURSUANT TO SECTION 54.17 OF THE CITY CODE) IN ORDER TO PROHIBIT ACCESS TO (a) S.W. 22 TERRACE 100 FEET EAST OF S.W. 27 AVENUE AND (b) S.W. 25 AVENUE 100 FEET SOUTH OF CORAL WAY (S.W. 22 STREET). 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 Dawkins: Mr. Mayor, could I have... Mayor Suarez: Commissioner Dawkins. 319 October 14, 1993 Commissioner Dawkins: Mr. Stanley, would you come up. He's been here for three hours. Mr. Stanley, will you come in so we can hear your item, please? Commissioner Alonso: Thirty-one? Commissioner Dawkins: Oh, I'm sorry... Mayor Suarez: The Planning and Zoning meeting is now adjourned, and we are back on the regular agenda for the moment. All right. I just want to go back to the other, to comply with the law. i Commissioner Dawkins: OK. OK. I didn't want to... Mayor Suarez: All right. Unidentified Speaker: Will we be notified? Commissioner Plummer: Yes, ma'am, if you live within the 375 feet. Unidentified Speaker: I live right across the street from... Commissioner Alonso: You will be notified. Commissioner Plummer: If you're within the 375, you'll be notified, ma'am. Mayor Suarez: OK. You're going to get noticed. The other matter that we had in the clean Planning and Zoning agenda was what? Commissioner Plummer: Item 2, which was the applicant, and he withdrew. Mayor Suarez: A_11 right. So that goes back to the regular agenda, and we won't have to go back to Planning and Zoning. Yes, Mr. Stanley. Commissioner Plummer: Excuse me. Are we all leaving at 8:00 o'clock, or just YOU. Commissioner Alonso: I'm leaving. Commissioner Plummer: Mr. Mayor? Vice Mayor De Yurre: Hey, there isn't that much time left. We can go at 8:00 o'clock. What much else? There's only what? - two more items? Commissioner Plummer: Well, I've got two pockets is the reason I'm asking. Vice Mayor De Yurre: We'll do them. I 320 October 14, 1993 ----------------------------•-------------------------------------------------- 54. PERSONAL APPEARANCE: MR. GEORGE STANLEY OF THE HADLEY PARK RESIDENT'S AND HOMEOWNERS ASSOCIATION TO DISCUSS DRUGS AND CRIME IN THE NEIGHBORHOOD. Mr. George Stanley: All right. My name is George Stanley, and I'm the President for. the Homeowners' Association of the Hadley Park area. I have a memo here for the City Commission. On October the 5th, 1993, to the Commission. The Miami City Commission, 3500 Pan American Drive, City Hall, Coconut Grove, Miami, Florida. Mr. Stanley, President, from the Homeowners' and the Residents' Association of Hadley Park Community, 4930 Northwest 15th Avenue, Miami, Florida. Subject, to represent - request for more police power for the street crime unit to help combat the drug problem in our community. The citizens of this community are concerned about the drug problems and other crime activity in our neighborhood. On September the 20th, 1993, our citizens of the association addressed a complaint to Lieutenant General L. Darling, Commander of the Vice Squad, and Sergeant Adam Burden, Supervisor. We feel that the unit had done a good job when contacted concerning our problem. However, we regret to say their efforts still leave much to be desired on completely solving the problem and the crime problem in our area. We, the citizens of this community, come before you and the Commission with a petition letter, requesting that immediately, attention be given to this matter. Commissioner Plummer: Mr. City Manager? Vice Mayor De Yurre: What can we do? Mayor Suarez: Task force, increase deployment... Mr. Ron Williams (Assistant City Manager): Mr. Mayor, we're attempting to see if any of the Police Administration is still around. If not, we'll certainly follow up on the issue. I'll give him my card and make sure that we get him with the appropriate police personnel to address these issues. Mr. Al Cotera: Mr. Mayor. Mayor Suarez: Anything specific you want to - Mr. Cotera, he is the head of the Police Union, and maybe we got some ideas here. Mr. Cotera: Since it's apparent that the Police Administration didn't take the time to stick around... Mayor Suarez: Oh, now, don't be difficult. They didn't know this item would be taken up. Go ahead. Mr. Cotera: I know how to read the agenda, also. I will personally contact General Darling tomorrow, and make sure that he contacts this gentleman again. Mayor Suarez: This is historic. You see, the head of the unions a lot of times are worried about their contracts, but don't worry a lot of times about the implementation of the task of those that are not concerned about the union contract. So it's nice that he's going to do that and work with you on that. 321 October 14, 1993 Mr. Stanley: Yeah, but while we're here, Mayor, I would like, or some of the requests we would like to have, we need more police in our community, more drug policemen, plainclothes policemen in our community. You see, when the criminal is doing their activity, and they see the car, they always disappear before the car can get to them. Mayor Suarez: Yeah. Mr. Stanley: And we're having a lot of breaking in, robbing, and burglaring, and our streets are being taken away from us. That's why we're here. Mayor Suarez: You know, one of the things about the undercover is that, by nature, you don't know that they're out there. Mr. Stanley: That's what we like. We'd like for them to be... Mayor Suarez: And they may be out there when you don't know that they're there. But... Mr. Stanley: Yeah, that's we want. That's what we're asking for. Commissioner Alonso: Some of their cars are so obvious. Mayor Suarez: A lot of people want us to have guys on mounted police, you know, because they're very obvious, but the criminals see them, too, and, of course, they don't commit any crimes. Cesar Odio (City Manager): That's what we don't want. Commissioner Alonso: Yeah. Sometimes they park in front of your home, and you say, "What's happening?" So you call the police, and the big issue begins. Mr. Odio: Let me say this. In fact, I was telling this to - I was telling this to Commissioner Plummier at lunch today, that we had a six -hour meeting yeste-D-day, and the fact is that we arrest people, and they are released the next day, and they go back to selling the same drugs they were selling, in the same corner, and we keep rearresting those people. That is not working. What we're trying to do now... Mayor Suarez: Can you meet with the gentleman as early - or can you have a high level person? Can you... Mr. Odio: Yeah, yeah. Byrd was in the meeting, yes. Mayor Suarez: Byrd can arrange, and we got the union involved. I don't want to let go of the union. Mr. Odio: Yeah. We're going to start... Mayor Suarez: He's the guy that negotiates on behalf of these other fellows, so you want to make sure he's in on the meeting. I'd like... 322 October 14, 1993 Mr. Odio: Yeah. We want high visibility, harassment of the criminal... Mayor Suarez: That's not illegal, is it, Mr. City Attorney? Mr. Odio: We're going to harass them. That's what we asked today, to be able to remove those phones from where they make their calls. So we have a plan that... Commissioner Plummer: No, it's not harassment. It's selected enforcement. Mayor Suarez: How about a little park and walk in that area, Mr. Manager, a little bit of some officer that parks the car and walks around a little bit, foot patrolling? Commissioner Alonso: Foot patrol. Mr. Odio: Yeah. We are going to start November 1st with the NET (Neighborhood Enhancement Team) impact that will be very visible. I think Byrd can brief you in private with that. We don't want to alert the... Mayor Suarez: Can you do that as early as tomorrow morning? Are you available tomorrow morning? Mr. Odio: role can do it now. Mr. Stanley: Yes, we going to do it now. OK. Yes. OK. Mayor Suarez: All right. Thank you, sir. Mr. Stanley: All right. Thank you. Commissioner Plummer: Selective enforcement. Mayor Suarez: Tomorrow morning, very early, Mr. Cotera. Mr. Cotera: No. Depends on what time I get to have my lunch. Mayor Suarez: Mr. Cotera, would you please meet with him tomorrow. Mr. Cotera: No. That's no... Mayor Suarez: And now, would you please sit dawn very quickly, sir. Mr. Cotera: I have an item. Commissioner Alonso: Can you take item 31 after this? Mayor Suarez: We'll get to your item. 323 October 14, 1993 t"�i4v ----- ---- - ---- - - - - - - - - - - - - - - - - --- - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - -- - - - - 55. (Continued) DISCUSSION OF PREVIOUSLY DEFERRED ISSUE CONCERNING THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND THE WYNWOOD FOREIGN TRADE ZONE. (See label 51) ------------------------------------------------------------------------------ Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Thirty-one. Mayor Suarez: Item 31. "Q'uest-ce que r.'est?" What is 31? Commissioner Alonso: Yes. They are coming back with an agreement. Mayor Suarez: OK. Commissioner Dawkins has reviewed this, I understand. Mr. Hank Adorno: Yes. Hank Adorno. Commissioner Alonso: This is so wonderful to see an agreement. Mayor Suarez: Let's hear it. Commissioner Plummer: Well, let's hear it. Mr. Adorno: It ain't an agreement until... Mayor Suarez: Let's hear it, quickly, please, Hank, without too much preamble, because we've got other matters we want to try to dispose of. Commissioner Plummer: I hope we're not going to give the City away. Let's hear it. Mr. Adorn: The proposals would be the following - and all of these, obviously, would be subject to sitting down with staff and the Legal Department, and working out appropriate language, and bringing it back to the Commission at the next meeting, because time is of the essence. My client, Dade Foreign Trade Zone, would agree to a base 30-year lease with two 15-year options. That would take care of the initial problem. Wynwood - I'm speaking for Wynwood, they're here and they can verify it - I'm sorry, right behind me - that Wynwood would agree to the above modification in the lease; and that a minimum of 50 percent of the income that it will derive from its relationship with us in the development of the Foreign Trade Zone, will be used for Wynwood Community purposes. That's a term that needs to be defined appropriately, but I think we can come to that. Commissioner Plummer: What about Old San Juan? Mr. Adorno: That would flow through, because it's Wynwood. Commissioner Plummer: Does the Wynwood 50 percent of that go into the Wynwood? 324 October 14, 1993 Mr. Adorno: It will ultimately - a hundred percent of Old San Juan income goes to Wynwood. So, yes, you would have control of of that money. Commissioner Plummer: Well, now, that's not what Mr. Rios said before. Mr. Rios said before... Commissioner Alonso: This is what they're saying now. Commissioner Plummer: ... that that was primarily set up for the purposes of administrative cost; after that, there might be profits. And you're saying a hundred percent is going to be a funnel through. Mr. Adorn: No, sir. Income is net of your expenses. You have to have expenses. OK? I mean... Commissioner Plummer: But who determines what the expenses will be? Mr. Adorno: The Wynwood Board. Commissioner Plummer: I can play with net all day long. Mr. Adorno: The Wynwood Board, Commissioner. Commissioner Plummer: Go ahead. Mr. Adorno: You recognize, as well as I, that there are shareholder derivative lawsuits. The City has a deed that I will tell you, I will be glad to represent you, if someone does any hanky-panky there. Commissioner Plummer: I can't afford you, Hank. Mr. Adorno: I know that. Commissioner Plummer: Go ahead. Mr. Adorno: I'll do it on a contingency - that there will be an advisory board selected that would be made up of - number to be decided - but it would be made up of 50 - 50 percent of the advisory board would be selected by the City Commission, 50 percent of the advisory board would be selected by the Wynwood group. That advisory board would advise Wynwood in how to spend the monies. Commissioner Plummer: Excuse me. Is that advisory board's advice mandated on the Wynwood Board? Mr. Adorno: I don't think so. Commissioner Plummer: Well, then, it accomplishes nothing. You've done... Mr. Adorno: Yes, sir, it - no, no, no, you're wrong. You have - your concern was, is that 50 percent - or Commissioner Dawkins' - 50 percent of the money would be put back into Wynwood. Commissioner Plummer: That addressed his concern, not mine. 325 October 14, 1993 Mr. Adorn: I understand that. But if it's there and it's been identified for community purpose... Commissioner Dawkins: Why - wait, let me cut you off. Why would you insert an advisory board, when we never had an advisory board? Commissioner Plummer: It's another layer of bureaucracy. Commissioner Dawkins: And all of a sudden, you're going to give me a mickey mouse operation, with ten people that have no say, means nothing but a feel good meeting. Come on, don't do that to me. Mr. Adorn: I'll be glad to take it out. That was at a suggestion of someone else. Commissioner Dawkins: Well, don't - I don't care who suggested it. Don't do that to me. Mr. Adorno: That's fine. My client - on top of everything, my client is prepared to give ten percent of its net profit from the operation of the lease space to the Wynwood to be used as part of community purposes. Commissioner Plummer: We want that, Hank. Commissioner Dawkins: No, I don't want that. I don't want that. Commissioner Plummer: But listen. Mr. Adorn: Wait, wait a minute. You have to understand, that came from my fee. Commissioner Plummer: From your fee? God forbid. Look, let's don't kid each other, all right? I am not asking to be able to go in and dictate to Wynwood. I am asking for veto power. I don't - still - see a thing wrong with - what is the fear of having where it takes a joint venture? Mr. Adorno: I can't answer that, Commissioner. I'm trying... Commissioner Plummer: Mr. Mayor - Hank, I thank you for trying. You made a damn good effort. Mr. Mayor, his comments are out of line at this point, because we have not agreed to reconsider. Commissioner Dawkins: I don't want the board. Commissioner Plummer: Hey, I shut up while he made his comments. Mr. Adorno: I'll be glad to withdraw the advisory board. Commissioner Dawkins: I don't care about the board. Mayor Suarez: I had thought the gist... Commissioner Dawkins: I don't care about the board. 326 October 14, 1993 Mayor Suarez: I had thought the gist of the agreement was that fully, one half of everything that is netted would go to a board... Commissioner Alonso: That's excellent. That's good. Mayor Suarez: ... or a fund that this Commission would appoint. Commissioner Plummer: That's right. Mayor Suarez: That's what I thought. Commissioner Plummer: Well, Mr. Mayor... Mayor Suarez: And I even said that - I said to Bill., if it's understood that we appoint five people to an advisory board that administers fully one half of all of the earnings from this... Mr. Adorn: Where's Bill? I mean, he has to answer that. Mayor Suarez: If that's not the case... Mr. Adorno: It's agreeable. Commissioner Dawkins: It's disagreeable. Come on. Mayor Suarez: That, to me... Mr. Adorno: You get your veto power. Your advisory board has five members from each. Commissioner Alonso: So the money will go to the advisory board? Mayor Suarez: No, no, one, one from each. Mr. Adorno: No, no. Commissioner Alonso: What are you saying? Mayor Suarez: Half of all of the net earnings... Mr. Adorno: Right. Mayor Suarez: ...go into a fund administered by a board of Wyynwood residents, appointed by people, appointed one each by each member of this Commission. Mr. Adorno: Does Wynwood not have a say? Mayor Suarez: Not in that board? That's the half that we're going to administer. Commissioner Dawkins: Wait, no. I thought it was five from each - I thought it was five from each group. 327 October 14, 1993 Commissioner Plummer: No, that's for the Wynwood Board; not the advisory Commissioner Dawkins: Well, mine, I'm not even going on no advisory board. I'm talking - see... Commissioner Plummer: Five from each group. Mr. Adorno: That's OK, that's acceptable, I believe. Commissioner Dawkins: And then they... Mayor Suarez: All right. Mr. Adorn: Five from each group. Commissioner Dawkins: And then... Mayor Suarez: That's 50/50. Commissioner Plumper: (Unintelligible) For the Wynwood Board. Mr. Adorno: No, for the advisory board, it takes care of the money. Commissioner Alonso: (Unintelligible) Commissioner Plummer: Hey, you know where I'm at. I am not going to sell this City cheap. OK? Mayor Suarez: All right. Commissioner Plummer: I am not going to give it away! I have no idea why you fear the City's involvement! Mayor Suarez: Commissioner Plummer, may I please ask you to not philosophize. Either we have an agreement or we don't, Hank. Mr. Adorno: No, no... Mayor Suarez: Now, if Commissioner Dawkins... Commissioner Dawkins: OK... Mayor Suarez: Wait, I'm not - I'm just - I just said "Hank." I shouldn't have. Commissioner Dawkins: OK. Commissioner Plummer: I can't believe this! Mayor Suarez: Commissioner Dawkins can try the motion. If it is what we are in agreement with, we're going to vote on it, whether my colleague to the left wants to vote on it or not. And he'll get his say for a reasonable amount of time, but we're going to vote on this thing one way or another, I think. Commissioner Dawkins, what is the motion? 328 October 14, 1993 Commissioner Dawkins: The motion is that we go through with whatever we said we were going through with, and that 50 percent of the net be put back into the City of Miami. But the only hang-up I have now is they are eliminating an accountability trail, and we got a fiduciary responsibility. Commissioner Plummer: Absolutely. Commissioner Dawkins: And they are eliminating that by telling me that we got ten men on an advisory board. Commissioner Plummer: No way. Commissioner Dawkins: Now, if you're going to have a Board of Directors for Wynwood, and you don't want nobody on it, I don't have a problem with that. But I'm not going to let you make a monkey out of me by telling me that you got - I'm on an advisory board, and the advice don't mean nothing. So, now, my motion is that you - that we have whatever you say we're going to do, and that 50 percent of whatever goes to whoever - goes back into the community, to be spent in the community. Now, in order to get a consensus up here, you may have to set up some kind of - some vehicle with which to funnel. that money through, because if you're telling me an advisory board would just advise and have no say-so over where the money went... Commissioner Plummer: Can you believe this? Commissioner Dawkins: ... we're right back where we started from, Hank. Mr. Adorno: I believe Mr. Rios has indicated to me that an advisory board that will have the authority to tell Wynwood how to spend the money is acceptable, so you will get what Commissioner Plummer... Commissioner Plummer: You're saying that the advisory board of five members appointed by this Commission, and five by Wynwood... Mr. Adorno: And five by Wynwood. Commissioner Plummer: ... will have full control over that money? Commissioner Dawkins: Fifty percent, the 50 percent. Mr. Adorno: So - the 50 percent, so long as it is being used for Wyrnvood community purposes. Commissioner Plummer: What about the other 50 percent? Mr. Adorno: That will be under the same guidelines as any not -for -profit, Commissioner. Commissioner Plummer: But how do we know that it's going to be spent wisely? Mr. Adorn: Because you have a member of this Commission that sits on the board. You've always had that right. 329 October 14, 1993 Commissioner Dawkins: And he can be outvoted. So what? Mr. Adorn: But - but... Commissioner Plummer.: But he's one vote. Mr. Cesar Odio (City Manager): Are we talking net income, or the gross? Commissioner Plummer: I can't believe we're about to give this City away! Mr. Odio: Sure. Mr. Adorno: It's gross after expenses. Commissioner Plummer: This doesn't make good business sense to me. Mr. Adorno: Commissioner, any time you have board members, they don't necessarily have to vote your way. I mean, that's why you have lawsuits, if somebody is mis... Commissioner Plummer: Net income, anybody can play with net income. OK? Mr. Adorno: It is not net income! It is - you have some expenses. You have money left over. You have to be able to have the expenses. Commissioner Plummer: Hey, let's go home. Commissioner Dawkins: I moved it. Mayor Suarez: It doesn't sound to me like we have a consensus, but we have a motion. Do we have a second? Commissioner Dawkins: I moved it. Mayor Suarez: Commissioner Dawkins is the movant. Well, let's see if we have a second, first of all. Commissioner Alonso: Could you repeat the motion, please? I don't think I could possibly support this. Mr. Adorno: Yes. It's my understanding that we would agree to a 30-year lease, with two 15-year options, which takes care of the first concern. Commissioner Alonso: Yeah. I have no problem with that. Mr. Adorno: The second one would be, is that Wynwood agrees that 50 percent of its income, which would include money that's paid to Old San Juan - because that is, in fact, owned by Wynwood... Commissioner Dawkins: That's the end of the motion that I made. Mr. Adorno: Yes. But in addition to that, that 50 percent would be used strictly for community - Wynwood community purposes, to be defined; that there would be an advisory board made up of five appointees, one each by each City 330 October 14, 1993 Commissioner, and five by Wynwood; and that advisory boa.z*d would tell Wynwood how to spend that money; the only caveat being for Wynwood community purposes. And my client, on top of that, is prepared to add to that pot ten percent of its net profit from the lease on the 12.6 acres. I thought that took care of everybody's concerns. Commissioner Plummer: Hey, my concern is still accountability. We - if the day this thing ever blows up, it's going to come back in this Commission's face. It has had problems, we know. Before you got involved, there were major problems. I think this Commission can do no less than protect our City's interest, and to do that, I am not asking for control. I'm asking for veto parer! And to do anything less, in my book, is selling this City out! Mr. Adorno: Commissioner. Mayor Suarez: Are you saying that you want to have the same kind of control over the other 50 percent; is that what you're saying? Commissioner Plummer: Yes, sir. Mayor Suarez: All right. Well, please say it. Commissioner Plummer: Excuse me, Mr. Mayor. I am not asking for control. I am saying... Mayor Suarez: The same kind of oversight. The same kind of oversight. Commissioner Plummer: I'm saying that they will not have control, and we won't. Commissioner Alonso: Accountability. Commissioner Plummer: We'll have veto power over each other, and we go down the road together. Mayor Suarez: All right. Do we have a second on motion as stated? Commissioner Alonso: Can we bring this item back next week? I think that we need time to think, please. Mayor Suarez: All right. I have a feeling that we don't have a consensus tonight. It was a nice try, we worked hard, we were close. I believe we were close the first time we... Commissioner Plummer: I think we're very close. Mr. Adorno: I don't think so. Mayor Suarez: You don't think we're close? So let's not bring it... Mr. Adorno: I mean, I - no, no, I'm being... Commissioner Plummer: No. They don't want to... 331 October 14, 1993 Mayor Suarez: All right. Let's not bring it back next week, then, because we're not close. We'll bring it back next year. Mr. Adorn: No, I mean, I don't think so. Mayor Suarez: All right. Mr. Adorno: I mean, I got to be fair. Time is of the essence. We're not even getting our corrective deed. Thank you. Mayor Suarez: Mr. Adorno, I didn't ask you any more. You stated your opinion. Commissioner Alonso: Hank, I don't think that one week, after we've been trying to get papers from Wynwood, and asking Mr. Rios for month after month, give us the papers that are needed, and it took such a long time, and nothing happened. I don't think that one week - talking about the future of Wynwood, and what's going to happen, and what's right to do, will make a difference! Don't be unreasonable. One week will not make any difference. Mr. Adorno: Commissioner, the unreasonableness is not from our side. We have financing that is in place. We have to go back to them. Commissioner Alonso: One week? Mayor Suarez: Mr. Adorno, Mr. Adorno. Mr. Adorno: Yes, ma'am. And that's why - I will ask. Mayor Suarez: The Commission is addressing the motion. It was not seconded. Now, Commissioner Plummer. Mr. Adorno: I thought she was asking me. I'll try. Yes, sir. Commissioner Plummer: Flank, you or any other member give me one good reason why you don't want five City Commission appointees on that board. Give it to me next week. OK? Mr. Adorno: But you're asking me. I don't know. Commissioner Plummer: I'm asking you, give me a good reason. What's your fear? What are you scared of? Mayor Suarez: OK. He's saying - he's repeated it many times - that, that is not really something that can be directed at him or his client. Mr. Adorno: That's right. Commissioner Alonso: That's not his doing. Commissioner Plummer: I ask for an answer next week. That's all. Mayor Suarez: All right. And that's something that we'll be exploring in the next seven days, and hopefully, we will come to a consensus. 332 October 14, 1993 Commissioner Plummer: I sure hope so. ------------------------------------------------------------------------------- S6. DISCUSSION CONCERNING BACK RENF OWED BY GARCES COLLEGE TO THE CITY. Mayor Suarez: What other items do we need today? Vice Mayor De Yurre: Forty-six, and we also - I have 46. Mayor Suarez: What's 46, Mr. Vice Mayor? Vice Mayor De Yurre: Ernesto Capote, Teatro Marti. Also, we have Tony Crapp around here, and he's been waiting for hours, to deal with the Garces issue of Miami Capital. Mayor Suarez: Do we have to deal with the Garces issue today? Vice Mayor De Yurre: Well, he's been waiting for five hours, because we asked him to come over. Commissioner Plummer: Mr. Mayor, I'll go to next week, but I want an answer of why Garces College is allowed to be four months in arrears on their loan. If that isn't bad business - and then, let me tell you the insult - and I'll ask for this next week. Vice Mayor De Yurre: Well, he's right there. He can just answer in a second. Commissioner Plummer: No, no. I don't want to take up the Commission's time, because the Mayor has to .leave. I want an answer next week of why they're allowed to make one payment to bring them only three months in arrears, and not make the payments to bring them up to... Mayor Suarez: All right. Commissioner Plummer: OK. So we'll bring this up - Tony, I'll bring it up next week, because the Mayor wants to go home. Mayor Suarez: Tony, we obviously think we're being a little too lenient, and they want answers on that. Mayor Suarez: Mr. Capote, what is the issue there? Vice Mayor De Yurre: Capote, you're on. Mayor Suarez: That was item - that was an item right before yours, I think, Ron. Vice Mayor De Yurre: It was 46. Mr. Cesar Odio (City Manager): No. He's 43. 333 October 14, 1993 Commissioner Plummer: He's what? Mr. Odio: Ron is 43. Mayor Suarez: Whatever the item is, what difference does it make at this point? Yes. What is the issue, Mr. Vice Mayor, do you know? Vice Mayor De Yurre: He wanted to appear before us to talk about Teatro Marti. Commissioner Plumper: Is it financing or what? Mayor Suarez: Why do I have an idea that it has to do with money? Mayor Suarez: Mr. Vice Mayor, while he gets his act together - we're not getting any answers out of him, we're just getting a lot of paper shuffling. ------------------------------------------------------------------------------- 57. (Continued) DISCUSSION CONCERNING PROPOSED RESOLUTION TO REJECT PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD AT DINNER KEY, INC. FOR UNITED DEVELOPMENT OF DINNER KEY BOATYARD AND MARINA PROPERTY AT 2640 S. BAYSHORE DRIVE -- DISCUSSION CONTINUED AND RESCHEDULED FOR OCTOBER 21ST COMMISSION MEETING. (See labels 16 & 47) Mayor Suarez: These gentlemen are back there, having had a two to two vote on the Dinner Key Boatyard issue. You were absent at the time. I don't know that you have a preference, or if you think that the item ought to be taken up. The vote is otherwise... Vice Mayor De Yurre: What was the motion? Commissioner Plumper: Ha -ha-ha. Mayor Suarez: Can I just ask. the Vice Mayor something, please? The motion at the time was to reject that bid and basically, ultimately, the City might end up running the boatyard. It was a two to two tie and there was no action. I'm just asking you procedurally, are you going to be in a position in the next few minutes to state what your preference is on that, or should we just simply leave the matter pending, and maybe next week we'll have a position on it, and you might be the tie -breaker. Vice Mayor De Yurre: I can vote right now on it. Commissioner Plummer: Can I interject, since I was the maker of the motion, which I feel is very important, is that that is the recommendation of the Administration. Mayor Suarez: All right. Commissioner Plummer: That was what my vote - my motion was predicated on. 334 October 14, 1993 Mayor Suarez: Sir, unless you know how he's going to vote, you might just want to take those extra seven days. OK? Mr. Harry Ward: We'd prefer the seven days, sure. Mayor Suarez: That's what I think. OK? So you might just want to go home, and unless you bring it up, we're just going to leave that: as - off the table. Vice Mayor De Yurre: I'll vote on it right now, if you want to reconsider. Mayor Suarez: I think they're leaving. All right. I think they got the message. All right, Mr. Vice Mayor, does anybody know what Mr. Capote wants, so that we can put it on the record? Vice Mayor De Yurre: And I was going to approve it. What can I say? Mayor Suarez: You were going to approve it? I don't think so . As the TV shows says, I don't think so. ------------------------------------------------------------------------------ 58. PERSONAL APPEARANCE: MR. ERNESTO CAPOTE TO DISCUSS REQUESTED MODIFICATIONS TO TEATRO MARTI -- REQUEST REFERRED TO ADMINISTRATION. ------------------------------------------------------------------------------ (NOTE FOR THE RECORD: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT ARE STATEMENTS IN SPANISH. FOLLOWING EACH STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LEITERS. TRANSLATIONS WERE MADE BY MAYOR XAVIER L. SUAREZ ] Mayor Suarez: All right. Mr. Cesar Odio (City Manager): Just for the record, they borrowed $200,000 from Miami Capital. They still have a balance there of $78,861 that they could... Commissioner Plummer: That they've not paid back? Mr. Odio: That they have not used. Not used. Commissioner Plummer: OK. z Mr. Odio: So I think they should use that. Mayor Suarez: You want to make available the extra $78,000. Is that what we're on? 335 October 14, 1993 94F_ Mr. Pablo Perz- Cisneros: No, no, no. Vice Mayor De Yurre: What are you here for? Mr. Pablo Perez -Cisneros: It's available. It's available at this time. Vice Mayor De Yurre: NO QUIERE HABLAR? Mr. Ernesto Capote: SI, CLARO, COMO NO. Vice Mayor De Yurre: "OK. ACABEN DE HABLAR, VIEJO. NO ESTAS AQUI ESPERANDO POR GUSTO. Mr. Capote: "ME PERDONAN. YO NECESITO UN IN1'ERPRETE, QUE EL SENOR ME VA A SERVIR DE INTERPRETE. YO RECIBI HALE ALRREDEDOR DE DOS ANOS, UN POCO MAS, NO SE EXACPAMENI'E AHORA, UN PRESTAMO A TRAVES DE MIAMI CAPITAL OTORGADO POR LA COMISION. TRANSLATION: OK. I need an interpreter. This is Mr. Capote speaking. Go ahead. A couple of years ago, more or less, I received a loan from Miami Capital. Mayor Suarez: Of has much? CUAW110, Mr. Capote? Commissioner Plummer: How much was the loan? Mr. Odio: Two hundred thousand. Commissioner Plummer: Two hundred thousand. Mr. Capote: DE $200,000. DE ESE DINERO, SE INVIRTIO $80,000 EN EL SISTEMA DE sprinkler; $20,000 EN EL SISTEMA DE ALARMA DE FUEGO; $16,000 PORQUE EL SENOR NO PAGO LOS MATERIALES QUE INVIRTIO EN EL EDIFICIO, Y ME PUSIERON A MI UN lien, A LA COMPANIA GRINEL, QUE FUE LA QUE LE ADMINISTRO A EL LOS... A TRAVES DE MIAMI CAPITAL, HUBO QUE PAGAR LOS $16,000. YO ME IMAGINO QUE ESOS REGRESEN A NOSOTROS, PORQUE ESE DINERO ES UN DINERO QUE QUIEN TENIA QUE PAGARLO ERA EL, NO NOSOTROS. DE ESE DINERO REGRESAR A NOSOTROS, TENDRIAMOS $100,000 EN LA CUENTA. DE NO REGRESAR - POR QUE NO SE. NO CREO QUE HAYA MOTIVO, PERO DE NO REGRESAR, TENDRIAMOS ALREDEDOR DE $80,000 Y A TRAVES DEL SENOR QUE ES EL ARQUITEC O, YO TENGO UN ESTIMADO, LO QUE VAMOS A HACER DE REMODELACION. NO PODEMOS AMPLIARNOS TODO LO QUE QUISIERAMOS HALER, PERO CON ESO ESTAMOS SEGUROS QUE QUMARIA MUY LINDO EL EDIFICIO Y MUY BUM PARA NUESTRA ZONA Y MUY BUENO PARA EL TEATRO MARTI. TRANSLATION: Approximately $200,000. OK. $80,000 of that was in the sprinkler sysem, presumably, to bring it up to code, I guess; $20, 000 in an alarm system; $16,000, I guess, to pay back some liens that were there for pR.iosr construction to a company named Grinel. Through Miami Capital, we made that payment to pRi.osr lienholders - I guess. He's hoping he's going to get his hands back on that money - which is money that really should not have had to be paid by him, but the predecessors, I guess. If we were to get that money back now, we would end up at $100,000. If we don't get that money, we'll just be at $80,000 left. 336 October 14, 1993 Mayor Suarez: CUANTO COSTARIA ESO? Mr. Capote: ALREDEDOR DE DOSCIENI'OS VENrINUEVE... Mr. Perez -Cisneros: $226,000. Mayor Suarez: And he's saying that he's got 80 available, unless he somehow gets his hands on that other 16 that was paid, and he needs $200,000. The gentleman is an architect, presumably, who's made an estimate. Mr. Perez -Cisneros: It will be 226 less the 80. The balance from between the $226,000 and the 80 that he has. Mayor Suarez: OK. Now, does anybody }mow - Mr. Vice Mayor or staff - if what he's here on is to request the money that he just referred to? $200,000, is that why he's here? At this late hour, a discussion item? I mean, there's got to be another way. Mr. Frank Castaneda: I assume that the $80,000 that he has available he's not here to request, because he can draw that down... Mr. Odio: He can draw it any time. Mayor Suarez: So I guess you're saying you don't know. Mr. Castaneda: No. Mayor Suarez: Mr. Vice Mayor, do you know? Vice Mayor De Yurre: I don't know. "TU ESTAS DICIENDO QUE TU NO PUEDES USAR LOS OCfiWA A NO SER QUE TENGAS EL TOTAL DE LOS DOSCIENIOS Y PICO PARA RACER LAS RENOVACIONES? Mr. Capote: BUENO, LOS OMMA, PARA USARLOS, ESO ESTA EN MANOS DE MIAMI CAPITAL, Y ELLOS TODAVIA NO... TRANSLATION: The 80,000, to use it, that is in the hands of Miami Capital. Vice Mayor De Yurre: NO, PERO TU PUEDES COGERLO. Mr. Capote: .... NO ESTA AUrORIZADO PARA UTILIZAR ESE DINERO. Mayor Suarez: They're making that available to you. That's not an issue. Vice Mayor De Yurre: TU LO PUEDES COGER CUANDO QUIERAS. Mr. Capote: QUE ESTA DISPONIBLE? Unidentified Speaker: LO VAN A DISPONER, ESE FONDO, LO VAN A DISPONER. Vice Mayor De Yurre: LO ESTA, SIEMPRE HA ESTADO DISPONIBLE. Mr. Capote: SIEMPRE HA ESTADO DISPONIBLE? 337 October 14, 1993 Vice Mayor De Yurre: SI. Mr. Capote: NO, A MI NO ME HAN COMUNICADO NUNCA QUE HAYA ESTADO DISPONIBLE. TRANSLATION: It has not been communicated to me that that is available, to be able to draw down on it. Mayor Suarez: OK. Well, now that is being communicated. What else do you want tonight? We don't have another 140 handy or 120 handy to lend to him, I don't think. Mr. Perez -Cisneros: Commissioner, the only thing I have to bring up with Mr. Mayor and the Commission is the money that he has used already and the money that is there, it was to complete- code violations that he had to repair. Once the code violations are there and the City ascertains that there are no more code violations, then he can use the rest of the money to continue with the facade that he wants to... Mayor Suarez: All right. Well, make sure you explain it to him... Mr. Perez -Cisneros: We have explained that to him. Mayor Suarez: ...and unless, Mr. Vice Mayor, you have any other motion, that is a clarification that can be made privately. "SENOR CAPOTE, PORQUE NO HABLA CON EL, Y EL LE VA A CLARIFICAR LA SITUACION DONDE ESTA. Commissioner Dawkins: Come on, Al. Vice Mayor De Yurre: OK? Mayor Suarez: Al... Pablo, why don't you do it outside, please, so we can take up a couple of other items. ------------------------------------------------------------------------------ 59 . (A) APPROVE CLAIM SETTLEMENT: JUAN MENDEZ -- FOR ATTORNEY' S FEES ( $3, 000) , SUBJECT TO CITY ATIORNEY'S REVIEW AND APPROVAL OF THE BILL. (B)APPROVE CLAIM SETPLEMENT: GEORGE RUSSELL -- FOR ATI'ORNEY'S FEES ($4,000), SUBJECT TO CITY AZTORNEY'S REVIEW AND APPROVAL OF THE BILL. Mayor Suarez: Mr. Cohen... Mr. Al Cotera: Thank you, Mr. Mayor. Mayor Suarez: Yes, sir. Attorney's fees. Mr. Ronald Cohen: Yes, sir. Mayor Suarez: What case? Mr. Cotera: Several. 338 October 14, 1993 Mr. Cohen: Mr. Mayor and members of the Commission, Ronald Cohen, 6565 Taft Street, Suite 200, Hollywood, Florida. The first case is... Commissioner Dawkins: Not only do you guys not live in the City of Miami, you go get an attorney who does not live in - got no office in the City of Miami. Mr. Cohen: That's my business address. That's my business address. I live... Commissioner Dawkins: Ain't got a City - that's ridiculous. Mr. Cohen: That's my business address. Mayor Suarez: Oh, he's one of the few that lives in the City, but works outside of the City. I love that. All right. All around weird. All right. Mr. Cohen: OK. First case is Bailey versus J.E. Mendez. This is a case that arose out of an arrest that Officer J.E. Mendez made at the Miami Arena in May 1990. This fellow, Bailey, was selling parking spots in a private parking area that he had no relationship to, and no ownership interest in. He was arrested. He claims that Officer Me dez used excessive force during the course of the arrest. Officer Mendez was investigated by Internal Affairs. It was found to be inconclusive. He was sued in a civil action, along with the City of Miami and another police officer who was along during the arrest. The City Attorney's Office declined to represent Officer Mendez only on the basis that they had a conflict in representing him, because of another case. We stepped in to represent him, wrote a letter to the City Attorney. The City Attorney said that they would recommend that Officer Mendez' attorney's fees and costs be paid with a reservation of rights. Mayor Suarez: Mr. City Attorney, is that a fair statement of the situation? A. Quinn Jones, III, Esq. (City Attorney): Let me refer to the letter. One second. Mayor Suarez: What are the fees that you are requesting? Mr. Cohen: $3,530 in fees; $218.65 in costs. Mayor Suarez: On the assumption that that was the recommendation of the City Attorney at the time, I'll entertain a motion on it. Commissioner Plummer: What is this on? Mr. Jones: Hold one, one second. Mayor Suarez: It's Officer Mendez, and he says that the City Attorney indicated a conflict. Commissioner Plummer: OK. Al, let me ask a question. Mr. Mayor, Mr. Cotera sent me a list of two pages of cases, I assume, similar to this one. Now, are we going to handle this on a... Mayor Suarez: Oh, I thought there were just like one or two. You got a... 339 October 14, 1993 Mr. Cohen: I have four tonight, if I could. Mayor Suarez: Four? Commissioner Plummer: Well, there's like about what, Al? - ten or 12 that's in question? Mr. Cotera: There are several that are... Commissioner Plummer: So I'm just asking, are we going to handle all of this at one time? Mr. Jones: No. What... Mr. Cotera: To both Commissioner Plummer and the Mayor, both of you at separate Commission meetings requested that when situations like these arose, that I communicate to you, and also to the City Attorney's Office, that we were requesting that the City handle them, as opposed to the union having to go out and hire outside counsel. Mayor Suarez: All the Commissioner wants to know if if you're expecting us to take up two pages worth, or four items. Mr. Cotera: No, sir. Four cases, and they shouldn't take more than two or three minutes. Mayor Suarez: OK. Are they similar, Ron - Al? Mr. Cotera: Yes, they are. Mayor Suarez: Are they all those in which the City Attorney recognized a conflict? Mr. Cohen: Two of them are. Mayor Suarez: Two of those. Mr. Cohen: There's another case... Commissioner Dawkins: All right. Let's take the two of them... Mayor Suarez: Now, the two that were recommendations because of conflict, we will move those. Mr. Cohen: OK. OK. Mayor Suarez: What are the amounts in those two? Mr. Cohen: Well, the Bailey case is over. I just gave you the amounts. The Rasmusen case... Mayor Suarez: No. You gave us the amount in the Mendez case. 340 October 14, 1993 W Mr. Cohen: That's Bailey versus Mendez. Mayor Suarez: All right. Mr. Cohen: The next one is Rasmusen versus Mendez. Mayor Suarez: Same situation? Mr. Cohen: Same situation. Mayor Suarez: Recommendation, conflict, the City Attorney? Mr. Jones: Isn't Rasmusen the one that you took up on appeal? Mr. Cohen: No. Rasmusen is pending. Rasmusen is a pro se complaint. Rasmusen is still pending. Mayor Suarez: I can't see how we can settle that with you. Mr. Cohen: Well, he needs to be represented. I mean, there's going to be a trial. Commissioner Plummer: No. Excuse me. If it is on appeal, I don't think we should have to pay if they're found guilty. Mr. Cohen: It's not. And the recommendation was with the reservation of rights. If he's found to be personally liable, then you can seek to recover the attorney's fees back. Commissioner_ Plummer: Mr. City Attorney? Mr. Jones: That's correct. Mr. Cohen: Rasmusen is not on appeal. Commissioner Plummer: Huh? Mr. Jones: That's correct. It has a reservation of rights which says that we would pay - we would recommend payment of the expenses, but if Officer Mendez is found to be personally liable, by virtue of acting outside the scope of his employment, or acting in bad faith, with malicious purpose, or in a manner exhibiting - one, willful disregard of human rights, da-da-da-da, - the City of Miami will seek to recover all attorney's fees paid on behalf of that particular officer. Mayor Suarez: All right. It seems to me that we would do that at the end of the process, but what is the amount on that? Mr. Cohen: Well, it's ongoing. It's $100 an hour. It's ongoing. I mean, we have about probably $1500 in the case so far. Mayor Suarez: I, frankly, am not prepared to vote on that today, myself. We've got three of us up here. What other ones do you have? 341 October 14, 1993 Mr. Cohen: OK. The other one is... Mayor Suarez: I'm sorry. A motion on the first one, please. Commissioner Dawkins: I move the first one. Mayor Suarez: The Vice Mayor seconded the settle ent on the 3,000 plus one. That was Mendez, and that the City Attorney was checking to make sure he had recommended because of a conflict that they get independent legal counsel. So moved and seconded, with that assumption. Commissioner Plummer: Mr.. Mayor, the only question I have... Mayor Suarez: Just that one, just that one. Commissioner Plummer: OK. - of the City Attorney, has he gone over the bills to justify in his mind... Mayor Suarez: OK. We're just voting on the $3,000 plus one. Commissioner Plummer: I don't care if it's a thousand dollars. Mayor Suarez: All right. Well, I'm leaving. If you are going to take a $3,000 plus one and analyze it in that way, then I can't stay here. Commissioner Plummer: All I'm asking is, has he gone over - make it subject to his analization that it's a legitimate bill. Mayor Suarez: Fine. Commissioner Plummer: OK. That's fine. Mr. Jones: I don't - let me say, I don't recall a bill. It probably was sent, whatever. The only thing I'd say in this regard, Commissioner, that you've got to be consistent in how you're going to treat these, and this is the problem we got into before. You can't pick and choose which one of these you're going to pay. I indicated to you before what I interpret your obligation under the statute, in terms of providing - paying for legal fees. Commissioner Plummer: All right. I will move it - the first one - subject to the City Attorney's approval that the bills are in order. OK? Mr. Cohen: That's fine. Mayor Suarez: So moved and seconded. Mr. Jones: Is that Mendez? Mr. Cohen: It's the first one. 342 October 14, 1993 Mayor Suarez: The movant accepts that. The second accepts it. Call the roll on that for Mendez. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-671 A RESOLUTION AUTHORIZING THE PAYMENT OF $3,748.65 IN FULL SE ,EMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED BY MIAMI POLICE OFFICER J.E. MENDEZ, IN THE CASE OF BAILEY V. MENDEZ, ET AL, U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 92-2831-CIV-HIGHSMITH, TO THE LAW FIRM OF KLAUSNER AND COHEN, P.A., TRUST ACCOUNT, ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file 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 Commissioner Plummer: Mr. Cohen, we're now on the second one. Mayor Suarez: OK. Commissioner Dawkins: It's ongoing. Are we going to... Mr. Cohen: It's ongoing, Commissioner. But that case... Commissioner Plummer: Are you handling that one? Mr. Cohen: Yeah. Commissioner Plummer: OK. Mr. Cotera: What other case? 343 October 14, 1993 Commissioner Plummer: Mr. Mayor, can I do two pocket items? Is that - quickly - possible? Mr. Cotera: I have one more, and it will take a minute. Mr. Cohen: Commissioner, can I have... Mayor Suarez: One, one, one. He just said one, Ron. Mr. Cohen: OK. Mayor Suarez: Because he's got a couple of items. We've got to reschedule the meeting. We cannot begin at the time that we anticipated, because we have two or three matters left over. Mr. Cohen: OK. The other one is George Russell. George Russell is an eleven -year veteran of the Miami Police Department. He used to live up in the City of North Miami with his wife, Laura Russell, who is a Metro -Dade Police officer. They were asleep in the house in the middle of the night. They heard somebody burglarizing a vehicle. Commissioner Plummer: Oh. I-ie shot and killed a guy. Mr. Cohen: That's the one, Commissioner. They heard somebody burglarizing a vehicle out in the street. They both went out. The vehicle was driving directly at Laura Russell. George - and George. George jumped out of the way, Laura shot, the driver of the vehicle died. There was an inquest. It was investigated, and investigated, and investigated. Laura Russell - there was found to be no criminal conduct at all. The State Attorney didn't prosecute it. Internal Affairs didn't charge Officer Russell with doing anything wrong. Commissioner Plummer: But Laura works for Dade County. Mr. Cohen: Laura works for Dade County. A lawsuit was filed against Laura, Dade County, and George. George has now been dismissed. The City refused to represent George Russell, saying that since he was off duty, it wasn't in the line of duty. Commissioner Plummer: How much? Mr. Cohen: The total amount on George Russell is $4,710 in fees and $179.90 in cost. Ccmmiissioner Plummer: Are you negotiable? Mayor Suarez: Please don't force him to negotiate at that amount, please. Commissioner Plummer: $4,000. Mr. Cohen: I got the case... Commissioner Plummer: I move $4,000. 344 October 14, 1993 Mayor Suarez: So moved. Commissioner Plummer: Subject to the City Attorney approving... Mr. Cohen: OK. What can I do about it? Mayor Suarez: Moved. Commissioner Plummer: Come on. The Mayor's in a hurry. Mayor Suarez: Seconded by... (INAUDIBLE COMMENTS) Mayor Suarez: Call the roll on that one. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-672 A RESOLUTION AUTHORIZING THE PAYMENT OF $4,000 IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED BY MIAMI POLICE OFFICER GEORGE RUSSELL, IN THE CASE OF MORELLO V. METROPOLITAN DADE COUNPY, ET AL, CIRCUIT COURT CASE NO. 92-09200 (CA 15), TO THE LAW FIRM OF KLAUSNER AND COHEN, P.A., TRUST ACCOUNT, ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file 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 Commissioner Plummer: OK. No more until you get with the City Attorney. OK? 345 October 14, 1993 Mr. Cohen: OK. Commissioner Dawkins: Give me your pocket item. I'm going home. Commissioner Plummer: All right. Very quickly. Mr. Cotera: Commissioner Plummer, can I ask you a real quick question? Commissioner Plummer: Sure. Mayor Suarez: No, sir, you cannot ask him a real quick question. You may all sit down. Commissioner Plummer: Outside. ------------------------------------------------------------------------------ 60. AUTHORIZE TE114PORARY USE OF PARKING LOT #1 AT VIRGINIA KEY BEACH BY GILBERT SOUTHERN CORPORATION FOR ITS OFFICE TRAILER AND EMPLOYEE PARKING DURING CONSTRUCTION OF DADE COU11TY'S NEW SANITARY SEWER FORCE MAIN. Mayor Suarez: You have an emergency item. If you want me to be here, you better tell me now. Commissioner Plummer: A resolution authorizing temporary use of Parking Lot Number 1 at Virginia Key Beach by Gilbert Southern Corporation for its office trailer and employees' parking during the construction of Dade County's sanitary sewer force main for a peRiosd not to exceed 200 days, on condition that said firm provide liability insurance to the City's satisfaction, compensate in the form of proof it's a City -owned site, and the estimated value of $20,000, and the said firm will return said facility to its original or better condition at the conclusion of its use; further, subject to said firm's compliance with such additional requirements as may be prescribed by the Administration, authorizing the City Manager to execute the necessary documents in a form acceptable to the City Manager for this purpose. I so move. Commissioner Dawkins: Second. Mayor Suarez: So moved. Call the roll, please. 346 October 14, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-673 A RESOLUTION AUTHORIZING THE TEMPORARY USE OF PARKING TAT NO. 1 AT VIRGINIA KEY BEACH, MIAMI, FLORIDA, BY GILBERT SOUTHERN CORPORATION ("CORPORATION") FOR ITS OFFICE TRAILER AND EMPICOYF.'E PARKING DURING THE CONSTRUCTION OF DADE COUNTY'S NEW SANITARY SEWER FORCE MAIN, FOR A PERIOSD NOT TO EXCEED 200 DAYS, SUBJECT TO AND CONDITIONED UPON SAID CORPORATION'S (1) OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND COMPLIANCE WITH SUCH ADDITIONAL REQUIREMENTS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI, (2) PROVIDING COMPENSATION TO THE CITY IN THE FORM OF CAPITAL IMPROVE %TIS TO SAID CITY -OWNED SITE, AT AN ESTIMATED VALUE OF $20,000, AND (3) RETURNING SAID SITE TO ITS ORIGINAL OR IMPROVED CONDITION AT THE CONCLUSION OF SAID USE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alnnan 347 October 14, 1993 ------------------------------------------------------------------------------ 61. ALTACATE FUNDS IN SUPPORT OF MEDIA RECEPTION TO BE HELD IN CONNECTION WITH THE CHAMPIONS CHALLENGE SOCCER EVENT (SPONSORED BY SOCCER MARKETING AMID PpaMOTIONS, INC.) TO BE HELD AT THE ORANGE BOWL (DECEMBER 15, 1993) AND TO BE TELEVISED INTERNATIONALLY, WPPH PROVISOS. Commissioner Plummer: A resolution related to the Champions Challenge Soccer Event sponsored by Soccer Marketing Promotions, Inc., to be held at the Orange Bowl on December 15, 1993, and to be televised nationally and internationally, particularly in Germany, live. Commissioner Dawkins: So moved. Commissioner Plummer: Allocating 12-5 in support of the media reception to be held in downtown Arena, in conjunction with said event... Commissioner Dawkins: $12,000 coming from where? Commissioner Plummer: authorizing the City Manager to execute the necessary documents in a form acceptable... Mayor Suarez: Where is the money coming from? Commissioner Plummer: Mr. Manager, where is the money caning from? This is for the press reception of a live telecast back to Germany, Mr. Mayor. Mr. Cesar Odio (City Manager): I'll take it out of the Orange Bowl. Mayor Suarez: Where is the money coming from? Commissioner Plummer: From the Orange Bowl. Mr. Odio: Orange Bowl money. Mayor Suarez: Orange Bowl what? Commissioner Plummer: Yeah. It says here, special programs and accounts. Commissioner Dawkins: Mr. Manager, maybe the Sports Authority and the Orange Bowl, Mr. Manager. Mr. Odio: Maybe - that would be a good idea. Commissioner Dawkins: (Unintelligible.) Commissioner Plummer: OK, wherever. Excuse me. Just so you Know, liaae County is also putting up 12-5. OK? Mr. Odio: We'll take it out of the Orange Bowl profits and the Sports Authority. 348 October 14, 1993 p Commissioner Plummer: And that's subject to Mr. Manager and Pajares agreeing that they are getting their dollars' worth. I so move. Mr. Odio: If we ever needed a telecast, it's this one. Commissioner Plummer: I so move. Commissioner Dawkins: Second. Mayor Suarez: So moved, seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-674 A RESOLUTION RELATED TO THE CHAMPIONS CHALLENGE SOCCER EVENT, SPONSORED BY SOCCER MARKETING AMID PROMOTIONS, INC., TO BE HELD AT THE ORANGE BOWL ON DECEMBER 15, 1993, AND TO BE TELECAST LIVE BOTH NATIONALLY AND INTERNATIONALLY, PARTICULARLY IN GERMANY; ALLOCATING $12,500 IN SUPPORT OF THE MEDIA RECEPTION TO BE HELD IN THE DOWNTOWN AREA IN THE CITY OF MIAMI IN CONJUNCTION WITH SAID EVENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMETT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE EVENT SPONSOR FOR SAID EVENT, CONDITIONED UPON THE CITY MANAGER'S REVIEW AND APPROVAL OF THE SPONSOR' PLANNED PROGRAM AND COMMITMENT TO TELEVISED INTERNATIONAL COVERAGE; SAID HEREIN AUTHORIZATION CONDITIONED UPON THE SPONSOR OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND THE ORGANIZERS PAYING FOR ALL COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; AILOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET OF THE ORANGE BOWL. (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 NOES: Mayor Xavier L. Suarez ABSENT: Commissioner Miriam Alonso Mayor Suarez: Put me down as a "no" on that. I think it passed. 349 October 14, 1993 Cammissioner Plummer: Are we moving to adjourn? ------------------------------------------------------------------------------ 62. RESCHEDULE OCTOBER 21ST COMMISSION MEETING TO BEGIN AT 4:00 P.M. --------------------------------------------------------------------------------- Mayor Suarez: The meeting of the 21st should begin at what time, in view of all this stuff - Mr. Manager, your staff just asked me to do this earlier. Please communicate with each other, folks. Commissioner Plummer: I thought we were 4:30. Mr. Cesar Odio (City Manager): Why don't we do it - the agenda is printed already. Mayor Suarez: We have postponed a couple of matters from today, and that's why you're suggesting we start a little bit earlier; is that what you're saying? Mr. Aurelio Perez-Lugones: Yes, we have the Lighthouse thing. Mr. Odio: The boatyard is coming back on that date. Mr. Perez-Lugones: And the... Mr. Odio: That one is simple. It's rejection. Mayor Suarez: And Wynwood, possibly, and Mr. Cohen and... Commissioner Plummer: Well, what do you recommend, 4:00 o'clock? Mayor Suarez: 4:00? Mr. Odio: 4:00 o'clock. Commissioner Plummer: That's fine. Mayor Suarez: All right. So moved by Comminissioner Plummer. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Call the roll. 350 October 14, 1993 The follawing resolution was introduced by Commissioner Plummer, who moved its adoption: RESOUITION NO. 93-675 A RESOLUTION SCHEDULING THE CITY COMMISSION MEETING OF OCTOBER 21, 1993, TO COMMENCE AT 4:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:24 P.M. ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez M A Y O R 351 October 14, 1993