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HomeMy WebLinkAboutCC 1991-02-14 MinutescaTY of * INCORP���Ii:1TE'1� O 18 96 OF FMING HELD ON FEBRUARY 14, 1991 e; REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HAIL ITEM SUBJECT NO. LEGISLATION PAGE NO. 1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION SPECIAL ITEMS: 2/14/91 (A) RESOLUTION TO HONOR THE MEMORY OF JAMES L. KNIGHT. (B) PROCLAMATION: OPERATION LOCK -UP DAY - TO EDUCATE CONSUMERS ABOUT AUTO THEFT AND HOW TO PREVENT IT. (C) RETIREMENT PLAQUE TO LT. G. LANE BRADFORD. 1 2. AUTHORIZE UTILIZATION OF MARINE STADIUM R 91-93 2 PARKING LOT BY SOUTHEAST POLICE 2/14/91 MOTORCYCLE RODEO COMMITTEE FOR 2ND _ ANNUAL POLICE MOTORCYCLE RODEO. 3. (A) ALLOCATE $20,000 (FROM R 91-94 2-3 COMMISSIONERS' DISCRETIONARY FUNDS) 2/14/91 CONCERNING A MUSEUM AND LIBRARY BEING ESTABLISHED BY THE BAY OF PIGS VETERANS ASSOCIATION, BRIGADE 2506. (B) DIRECT CITY MANAGER TO ABOLISH CITY COMMISSIONERS' DISCRETIONARY FUNDS IN NEXT YEAR'S BUDGET. 4. GRANT REQUEST FROM MIAMI NORTH -SOUTH R 91-95 4-5 GOLF, INC. FOR WAIVER OF USER FEES 2/14)91 CONCERNING 40TH ANNUAL MIAMI NORTH - SOUTH PRO -AM GOLF TOURNAMENT. 5. ALLOCATE $15,000 IN SUPPORT OF KIZOMBA, R 91-96 5-6 A CULTURAL EVENT HELD DURING BLACK 2/14/91 HISTORY MONTH (SUMMER PROJECT AT MIAMI DADE COMMUNITY COLLEGE) (See label 7). 6. BRIEF COMMENTS CONCERNING NEWLY -ENACTED DISCUSSION 7 STATE GIFT LAW. 2/14/91 i 7. (A) (Continued - Discussion) DISCUSSION 8-9 CLARIFICATION THAT MONIES FOR THE 2/14/91 KIZOMBA EVENT ARE TO BE TAKEN FROM DISCRETIONARY FUNDS (See label 5). (B) REQUEST CITY ATTORNEY TO REPORT BACK ON NECESSITY FOR A VOTE WHEN DISCRETIONARY FUNDS ARE ALLOCATED. 8. (A) AUTHORIZE LOAN AGREEMENT WITH R 91-97 9-12 FLORIDA INTERAMERICAN FILM, TELEVISION, DISCUSSION VIDEO AND RECORDING ASSOCIATION, INC. 2/14/91 p. IN SUPPORT OF: INTERAMERICAN COPRODUCTION FILM MARKET AND CONFERENCE '91, { (B) REQUEST ADMINISTRATION TO ENSURElx­ THAT THE CITY IS RECEIVING ITS "AIR ALLOCATION OF TAXES FROM CELLULAR PHONE REVENUES. 9. CONSENT AGENDA DISCUSSION 2/14/91 9.1 AUTHORIZE PURCHASE OF PHOTOGRAPHIC R 91-98 SUPPLIES FROM PITMAN PHOTO, INC., FOR 2/14/91 POLICE DEPARTMENT (Later rescinded - see label 13.) 9.2 ACCEPT BID: DOTHAN SECURITY, INC. - FOR R 91-99 FURNISHING SECURITY GUARD SERVICES TO 2/14/91 VARIOUS CITY DEPARTMENTS. 9.3 ACCEPT BID: AZTECH CHAS P. YOUNG CO. - R 91-100 FOR TYPESETTING, LAYOUT AND PRINTING OF 2/14/91 THE COMPREHENSIVE ANNUAL FINANCIAL REPORT REQUIRED BY STATE LAW. 9.4 ACCEPT BID: COURTESY FORD, INC. - FOR R 91-101 FURNISHING ONE AIR SUPPLY VAN FOR FIRE 2/14/91 DEPARTMENT (Project 313234). 9.5 ACCEPT BID: STINSON AND COMPANY, IrC. R 91-102 (BASE BID) FOR MUNICIPAL SHOPS SANITARY 2/14/91 SEWER EXTENSION B-5588 (Project 351287). 9.6 ACCEPT BID: J. LARRAURI, G.C. (BASE R 91-103 BID) FOR MODIFICATIONS TO FIRE TRAINING 2/14/91 CENTER PROJECT B-2974-D (Project 313018). 9.7 ACCEPT BID: J. LARRAURI, G.C. (BASE AID R 91-104 PLUS ADDITIVE ITEM) FOR MODIFICATIONS 2/14191 TO FIRE STATION NO. 9 PROJECT B-2974-C (Project 313018). 9.8 ACCEPT BID: MIRI CONSTRUCTION, INC. (BASE BID) FOR OVERTOWN STORM SEWER RETROFITTING PROJECT - PHASE II B-5584 (,Project 352276). 9.9 ACCEPT COMPLETED WORK: DOUGLAS N. HIGGINS, INC., FOR NORTH FLAGLER SANITARY SEWER IMPROVEMENT (District SR-5500-C - centerline sewer) (CIP 351273). R 91-105 2/14/91 13-19 19 19 20 20 20 21 21 21 R 91-106 22 2/14/91 9.10 EXECUTE AGREEMENT WITH. DISTRICT BOARD R 91-10 OF TRUSTEES OF MIAMI-DADE COMMUNITY 2/14/91 COLLEGE (MEDIAL CENTER CAMPUS; - FOR PROVISION OF EMT AND PARAMEDIC CLINICAL EXPERIENCE FOR CITY FIRE DEPARTMENT EMPLOYEES. 9.11 EXECUTE CONTRACTUAL AGREEMENT WITH HAITIAN TASK FORCE, INC. ($30,000) TO PURCHASE ADDITIONAL PROPERTY FOR PARKING AND EXPANSION OF CARIBBEAN MARKETPLACE. 7 22 -:i a i R 91-108 22 2/14/91 R 91-108 22 2/14/91 r 9.12 EXECUTE AMENDMENT NO, 4 TO AGREEMENT R 91-109 —" WITH DELOITTE AND TOUCHE (CERTIFIED 2/14/91 PUBLIC ACCOUNTANTS), IN ASSOCIATION WITH SHARPTON, BRUNSON AND COMPANY, PAj VERDEJA, IRIONDO AND GRAVIERI AND WATSON AND COMPANY, PA FOR: (A) RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR MIAMI CONVENTION CENTER AND GOVERNMENT CENTER PARKING GARAGE FINANCINGS, AND (B) PREPARATIONS OF SEPARATE AUDIT REPORT FOR SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT TRUST. 9.13 AUTHORIZE CITY ATTORNEY TO INITIATE R 91-110 APPROPRIATE LEGAL PROCEEDINGS AND CIVIL 2/14/91 ACTION AGAINST EVELYN SILVER (D/B/A MAYFAIR WALLCOVERINGS) — TO RECOVER LOAN FUNDS ($44,111.86) RECEIVED THROUGH CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. 9.14 AUTHORIZE CITY MANAGER TO MAKE OFFER R 91-111 AND EXECUTE AGREEMENT WITH VARIOUS 2/14/91 PROPERTY OWNERS FOR LAND ACQUISITION WITHIN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA — TO BE USED FOR AFFORDABLE HOUSING IN CONNECTION WITH MODEL CITY / LITTLE HAVANA DEMONSTRATION PROGRAM (Project 321025). 9.15 ESTABLISH SPECIAL CHARGES, TERMS AND R 91-112 CONDITIONS FOR USE OF A PORTION OF 2/14/91 ORANGE BOWL BY MUNDIAL SPORTS GROUP, INC., FOR PRESENTATION OF SOCCER MATCHES. EWA 23 24 24 9.16 ESTABLISH SPECIAL CHARGES FOR USE OF R 91-113 25 BOBBY MADURO MIAMI BASEBALL STADIUM BY 2114/91 CENTRAL AMERICAN SOCCER ASSOCIATION, INC. FOR AMATEUR SOCCER GAMES. 9.17 AMEND 87-552 (WHICH HAD CODESIGNATED R 91-114 25 CERTAIN STREETS IN LATIN QUARTER 2/14/91 DISTRICT) — DELETE CODESIGNATION: JUAN PABLO DUARTE AVENUE (13 AVENUE BETWEEN N.E. 1 STREET AND S.W. 9 STREET). 9.18 AUTHORIZE PAYMENT ($55,382) TO FLORIDA R 91-115 DEPARTMENT OF INSURANCE (AS RECEIVER 2/14/91 FOR SOUTHEASTERN CASUALTY AND INDEMNITY INSURANCE COMPANY) AS BALANCE DUE ON RENOVATION OF MIAMI BASEBALL STADIUM PRESS BOX / ROOF PROJECT. 9.19 ACCEPT PLAT: HUGHES ESTATES SECTION R 91-116 ONE. 2/14/91 9.20 AUTHORIZE PAYMENT ($51,348.30) TO R 91-117 STEEL, HECTOR AND DAVIS — AS 2/14/91 CONSULTANTS IN CONNECTION WITH: PNM CORPORATION VS. CITY OF MIAMI VS. FULLER AND SADAO. 25 t 4 s i 26 26 s ltl. URGE EASTERN AIRLINESt INC., TO KEEP R 91-118 INTACT THE EASTERN MAIN BASE AT THE 2114191 AIRPORT AND TO WORK WITH DADE COUNTY ON UNIFIED REUTILIZATION OF MAIN BASE FACILITIES - URGE DADE COUNTY GOVERNMENT TO MARKET FORMER EASTERN MAIN BASE FACILITIES TO A SINGLE COMMERCIAL AIR CARRIER. 11. EMERGENCY ORDINANCE: MAKE ORDINANCE APPROPRIATIONS FROM DOWNTOWN 10834 DEVELOPMENT DISTRICT AD VALOREM TAX 2/14/91 LEVY AND OTHER INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) - FOR THREE -SIXTHS (APRIL - SEPTEMBER) OF FISCAL YEAR BUDGET ENDING SEPTEMBER 30, 1991. 12. (A) EMERGENCY ORDINANCE: AMEND 10021 ORDINANCE (WHICH ESTABLISHED APPROPRIATIONS FOR 10835 THE LAW ENFORCEMENT TRUST FUND) - DISCUSSION INCREASE BY $944,500 AS A RESULT OF 2/14/91 ADDITIONAL DEPOSITS FROM SUCCESSFUL FORFEITURE ACTIONS. (B) DIRECT ADMINISTRATION TO REVIEW CORAL GABLES' SUCCESSFUL PROGRAM CONCERNING COLLECTION OF RICO (RACKETEERING INFLUENCE CORRUPTION ORGANIZATION) FUNDS - URGE ADMINISTRATION TO EMULATE THEIR SUCCESS. 13. (Continued Discussion) (A) RECONSIDER M 91-119 PRIOR VOTE ON 1 AUTHORIZATION TO DISCUSSION PURCHASE PHOTOGRAPHIC SUPPLIES FROM R 91-170 PITMAN PHOTO, (CA-1) INC.; (B) REJECT 2/14/91 ALL BIDS RECEIVED; (C) DIRECT ADMINISTRATION TO START BID PROCESS ANEW (See label 9.1). 14. (A) COMMISSION COMMENDS EXCEPTIONAL DISCUSSION BRAVERY EXHIBITED BY TWO CITY OF MIAMI 2/14/91 POLICE OFFICERS DURING RECENT INCIDENT IN LITTLE HAITI CELEBRATION. (B) DIRECT CITY MANAGER TO ENFORCE EXISTING REQUIREMENT URGING THE POLICE CHIEF TO RECRUIT POLICE OFFICERS FROM WITHIN THE RANK OF PSA (PUBLIC SERVICE AIDE). (C) CLARIFYING COMMENTS BY COMMISSIONER DAWKINS REGARDING PRIOR COMMISSION COMMENTS CONCERNING HAITI'S PRESIDENTIAL INAUGURATION CELEBRATIONS, IN LIGHT OF MEDIA MISQUOTES. 15. EMERGENCY ORDINANCE: AMEND 10782 - ORDINANCE ESTABLISH NEW CAPITAL IMPROVEMENT 10836 PROJECT (352277) ENTITLED: NATIONAL 2/14/91 POLLUTANT DISCHARGE ELIMINATION SYSTEM PROJECT. 16. DESIGNATE AS CATEGORY B PROJECT R 91-121 ACQUISITION OF ENGINEERING SERVICES FOR 2/14/91 OBTAINING A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("DES) PERMIT FOR THE CITY'S STORM SEWER SYSTEM (REQUIRED BY U.S. ENVIRONMENTAL PROTECTION AGENCY) - APPOINT CERTIFICATION COMMITTEE, 32-33 33=35 36 17. (A) EMERGENCY ORDINANCE: ESTABLISH NEW ORD iANCE, 40-46 SPECIAL REVENUE FUND ENTITLED: SOLID 10837 - WASTE REDUCTION: RECYCLING AND DISCUSSION _ EDUCATION M 191) - APPROPRIATE FUNDS 2/14/91 ?r FROM A STATE RECYCLING GRANT: (H) BRIEF COMMENTS BY ANDREW LANE, !- NEWLY -ELECTED PRESIDENT OF THE SANITATION EMPLOYEES' ASSOCIATION ti (SEA). - (C) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED PURCHASE OF FIVE RECYCLING TRUCKS (See label 47). 18. SECOND READING ORDINANCE: AMEND 6145 ORDINANCE 46-47 _ (WHICH ESTABLISHED FEES FOR BUILDING, 10838 PLUMBING, ELECTRICAL, MECHANICAL 2/14/91 (INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES) - ADD NON-REFUNDABLE ANNUAL FEE FOR ONGOING UPDATING OF CONTRACTOR _ DOCUMENTATION STATUS WITH BUILDING AND ZONING DEPARTMENT. 19. SECOND READING ORDINANCE: CLARIFY CODE ORDINANCE 47-48 -- CONCERNING EXPENSES AND FEES TO BE 10839 BORNE BY APPLIZANT REQUESTING STREET 2/14/91 CODESIGNATION, MARKER DESIGNATION OR PLAZA DESIGNATION - CORRECT SCRIVENER'S ERROR IN SECTION 54-90 - AMEND 54-92 — AND 54-93 - REPEAL 54-94. 20. (A) BRIEF COMMENTS CONCERNING NECESSITY DISCUSSION 48-50 OF REORGANIZING COCONUT GROVE STANDING ORDINANCE FESTIVAL COMMITTEE (See label 51). 10840 — (B) SECOND REh1zII31G ORDINANCE: 2/14/91 ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: COCONUT GROVE SPECIAL EVENTS DISTRICT FUND - APPROPRIATE FUNDS FROM MONIES RECEIVED OR TO BE RECEIVED FROM ESTABLISHMENT OF COCONUT GROVE -SPECIAL SUPPLEMENTARY FEE (Ordinance 10764). 21. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 50-51 SECTION 54-17 — AUTHORIZE ERECTION OF A 10841 FENCE ACROSS NATOMA STREET, TA-LU-GA 2/14/91 _ DRIVE AND ALATKA STREET AT INTERSECTION WITH SOUTH DIXIE HIGHWAY. i- 22. BRIEF COMMENTS CONCERNING RECENT DISCUSSION 51 - SHOOTING OF PARKED. POLICE DECOY 2/14/91 VEHICLES. a 23. SECOND READING ORDINANCE: AMEND 10794 ORDINANCE 52 TO FORMALIZE CITY COMMISSION ACTIONS 10842 AND TO IMPLEMENT AMENDATORY CHANGES. 2/14/91 a_ 24. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 52-54 SECTION 2-422 (INTERNATIONAL TRADE 10843 -_ =_ BOARD) - ADD FIVE NEW REGULAR AND FIVE 2/14/91 NEW ALTERNATE MEMBERS - MODIFY QUORUM REQUIREMENT AND NUMBER OF VOTES REQUIRED FOR BOARD ACTION. 25. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 54-55 SECTIONS 54-109, 54-110, 54-111, 54-112 FIRST READING AND 54-114 - REDEFINE CAFE ZONES - 2/14/91 PROVIDE AUTHORITY TO WAIVE SIDEWALK = CAFE PERMIT FEE - CLARIFY PERMIT APPLICATION FORM - ESTABLISH CRITERIA FOR PERMIT APPLICATION REVIEW. yi 'i hiiY fig` 26. REAFFIRM AND RATIFY r&XECUTIOV OF PURCHASE AND SALE AGREEMENT PLUS CONVEYANCE OF CITY' -OWNED OVERTOWN SITES TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION CONCERNING CONSTRUCTION AND DEVELOPMENT OF AN AFFORDABLE RENTAL HOUSING PROJECT (35 UNITS) 1h1 OVERTOWN. 27. AUTHORIZE DISBURSEMENT OF FUNDS ($288,640), AS A GRANT (IF FEDERALLY APPROVED) TO ASSIST FLORIDA HOUSING COOPERATIVE, INC., FOR THE ACQUISITION OF VACANT LAND AT 1025 W. FLAGLER STREET, IN LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA, FOR DEVELOPMENT OF A COOPERATIVE HOUSING PROJECT AFFORDABLE TO LOW AND MODERATE INCOME FACILITIES. 28. OPEN BIDS: LAWRENCE WATERWAY HIGHWAY IMPROVEMENT (B-4536). 29. (A) RESCIND 89-779 - AUTHORIZE MANAGER TO OFFER TO PURCHASE PROPERTY AT 801 N.W. 2 AVENUE, AS IS, FROM OWNER WILLIAM SAWYER. (B) COMMISSION DIRECTS CITY ATTORFEY TO AUTOMATICALLY PURSUE INDIVIDUALS WHO CONTAMINATE LAND, AND MAKE THEM RESPONSIBLE FOR REMOVAL OF TOXIC WASTE. (C) COMMUNITY CONCERNING TOXIC WASTE IN CAMILLUS PROPERTY LAND. 30. DISCUSS AND TEMPORARILY TABLE: (A) AUTHORIZATION OF AGREEMENT WITH UNITED STATES OF AMERICA FOR PURCHASE AND SALE OF CITY PROPERTIES ($963,019.71 - CAPITAL PROJECT 311014) FOR CONSTRUCTION OF NEW FEDERAL LAW ENFORCEMENT BUILDING / GENERAL SERVICES ADMINISTRATION BUILDING; AND (B) THE PROPOSED DEVELOPMENT OF A METROPOLITAN DETENTION CENTER AND THE MEANS BY WHICH CITY CAN FACILITATE PRESERVATION OF THE HISTORIC CHAILLE BLOCK, AT 401-445 N. MIAMI AVENUE, AS PART OF PROJECT (See label 37). 31. WAIVE TIME LIMITATIONS INVOLVED IN RECEIPT OF COMPETITIVE SEALED BIDS AND SELECTION PROCEDURES FOR ACQUISITION OF SERVICES, EQUIPMENT, GOODS / MATERIALS CONCERNING DEVELOPMENT OF THE CITY OF MIAMI YOUTH CENTER PROJECT, AT CURTIS — PARK 32. APPROVE PURCHASE OF 117 BRAVO PAGERS FROM MOTOROLA COMMUNICATIONS AND -' ELECTRONICS, INC., FOR POLICE DEPARTMENT (Project 312018). 33. ACCEPT BIDS: (a) MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. - ___ FOR FURNISHING 12 STX PORTABLE RADIOS, AND (b) PEACOCK RADIO AND WILDS COMPUTER SERVICES, INC. - FOR — FURNISHING 700 PORTABLE RADIOS KEY — PADS. M 91-124 68-69 2/14/91 R 91-125 69-78 DISCUSSION 2/14/91 DISCUSSION 78-88 2/14/91 R 91-12 2/14/91 R 91-12 2/14/91 R 91-12 2/14/91 6 88-97 "- 7 97-98 8 99 } n y 4�( v 34. INSTRUCT LOBBYISTS TO PURSUE STATE M 91-120 FUNDING FOR, AMONG OTHERS, THE 2/14/91 FOLLOWING PROJECTS, (a) PUBLIC HEALTH UNIT CENTERS FOR LITTLE HAVANA, OVERTOWN AND LIBERTY CITY, AND (b) CONSTRUCTION OF WYNWOOD CHILD CARE FACILITY AT 123 N.E. 36 STREET ($425,000) (See label 70). 35. APPROVE THE NAME: LEOPOLDO FERNANDEZ M 91-130 FOR THE INTERNATIONAL STARS WALK OF 2/14/91 FAME AT CALLE OCHO - URGE LATIN STARS, INC. TO FINALIZE INLAY OF PREVIOUSLY APPROVED NAME: FERNANDO ALBUERNE. 36. BRIEF COMMENTS AND DEFERRAL OF: (a) DISCUSSION CONSOLIDATION OF OFFICE SPACE FOR CITY 2/14/91 DEPARTMENTS, AND (b) CITY -OWNED PROPERTY AT 236 S.W. NORTH RIVER DRIVE (Deferred to March 14th Meeting) 37. (Continued Discussion) AUTHORIZE: (A) R 91-131 AGREEMENT WITH UNITED STATES OF AMERICA 2/14/91 FOR PURCHASE AND SALE OF CITY PROPERTIES ($963,019.71 - CAPITAL PROJECT 311014) FOR CONSTRUCTION OF NEW FEDERAL LAW ENFORCEMENT BUILDING/GENERAL SERVICES ADMINISTRATION BUILDING; AND (B) THE PROPOSED DEVELOPMENT OF A METROPOLITAN DETENTION CENTER AND THE MEANS BY WHICH CITY CAN FACILITATE PRESERVATION OF THE HISTORIC CHAILLE BLOCK, AT 401-445 N. MIAMI AVENUE, AS PART OF PROJECT (See label 30). 38. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH: BELTRAN ALEXANDER & ALEXANDER TO SERVE AS INSURANCE BROKERS FOR THE CITY, FOR THREE YEARS, WITH ANNUAL REVIEW, AT CITY'S OPTION. 39. APPROVE PURCHASE OF COMPUTER EQUIPMENT FOR: N.E. SUB -COUNCIL CRIME PREVENTION PROGRAM. 40. ACCEPT BID: A'LEON BUSINESS MACHINES - FOR FURNISHING ONE FACSIMILE (FAX) MACHINE TO DEPARTMENT OF POLICE / IDENTIFICATION UNIT. 41. ACCEPT BID: BANKS SAFE AND LOCK CO., INC. - FOR FURNISHING THREE SAFES TO POLICE DEPARTMENT. 42. ACCEPT BID: DYNATECH BUILDING SYSTEMS CORPORATION - FOR FURNISHING ONE PREFAB STRUCTURE TO POLICE DEPARTMENT. 43. ACCEPT BID: AMERICAN PAGING, INC. - FOR LEASE OF 92 PAGERS FOR DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATICNS MANAGEMENT (Project 690001). 44. APPROVE PURCHASE OF A FIREARMS / DEADLY FORCE VIDEO SIMULATOR. 100-101 101-106 106-108 108-112 R 91-132 113-128 2/14/91 R 91-133 129-130 2/14/91 R 91-134 130-131 2/14/91 R 91-135 131 2/14/91 R 91-136 132 2/14/91 R 91-137 132-134 2/14/91 R 91-138 135 2/14/91 m . ._ :4 45. RATIFY EMPLOYMENT OF GREENBERG, R 91-139 135y-08 TRAURIG, HOVEMAN, LIPOFF, ROSEN AND 2/14/91 I QUENTEL, PA TO SERVE AS COUNSEL IN CONNECTION WITH LITIGATION INVOLVING PETROLEUM PRODUCTS CORPORATION NPL SITE (FEE $10,000). 46. CONFIRM PRIOR APPOINTMENT OF MEMBERS OF M 91-140 138 THE YOUTH TASK FORCE. 2/14/91 r 47. (A) REQUIRE COMMISSIONER APPROVAL FOR R 91-141 139-148 - ANY EXPENDITURES FROM THE SOLID WASTE R 91-142 REDUCTION RECYCLING AND EDUCATION FUND 2/14/91 — (FY 191). (B) AUTHORIZE PURCHASE OF FIVE RECYCLING TRUCKS FROM MUNICIPAL SALES AND LEASING, INC ($244,625) (See label 17). 48. APPROVE TWO PENDING APPOINTMENTS, TO BE R 91-143 148 SUBMITTED IN WRITING TO THE CITY CLERK, 2/14/91 TO SERVE ON URBAN DEVELOPMENT REVIEW — BOARD - AMEND 90-292 AND 90-272 TO PROVIDE UNIFORM TERMS OF OFFICE FOR MEMBERS OF THE BOARD. 49. (A) APPOINT INDIVIDUAL TO SERVE AS A R 91-144 149-151 MEMBER OF THE CODE ENFORCEMENT BOARD - M 91-145 _ APPROVE TWO PENDING APPOINTMENTS, TO BE 2/14/91 SUBMITTED IN WRITING TO THE CITY CLERK .I (Appointed was: John McBride). (B) COMMISSION STIPULATES THAT, - ; PENDING APPOINTMENTS TO BE MADE BY COMMISSIONERS DAWKINS AND DE YURRE TO THE CODE ENFORCEMENT WOULD BE — i CONSIDERED APPROVED WHEN SUBMITTED IN WRITING TO THE CITY CLERK. 50. CONFIRM SELECTION BY CERTIFIED R 91-146 151-152 _ BARGAINING REPRESENTATIVES OF CITY 2/14/91 EMPLOYEES OF AN INDIVIDUAL TO SERVE AS A MEMBER OF THE AFFIRMATIVE ACTION — ADVISORY BOARD (Confirmed was: Robert Cummings). - -j 51. (Continued Discussion) APPROVE PENDING R 91-147 152-153 APPOINTMENTS, TO BE SUBMITTED IN 2/14/91 WRITING TO THE CITY CLERK, TO SERVE ON THE COCONUT GROVE STANDING FESTIVAL '-' COMMITTEE (See label 20). 52. WAIVE COMPETITIVE SEALED BIDS AND R 91-148 153-154 APPROVE FINDING OF SOLE SOURCE - 2/14/91 APPROVE PURCHASE OF FIVE SPECTRA - �; CONTROL STATIONS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. (TO BE USED WITH CITY'S 800 MHz NET - TRUNKING RADIO SYSTEM.) — 53. RATIFY MANAGER'S FINDING OF EMERGENCY - R 91-149 154-156 ACCEPT INFORMAL BID OF MET 2/14/91 - =' CONSTRUCTION, INC. TO COMPLETE �? MODIFICATIONS TO FIRE STATIONS NO. 1, - NO. 4 AND NO. 5 - FOR PROVISION OF — NECESSARY MATERIALS, CONSTRUCTION AND SERVICES TO COMPLETE PROJECT (3133018). �r 4, S I 4 54. (A) RATIFY MANAGER'S FINDING OF R 91-150 156-160 EMERGENCY - WAIVE SEALED RIDS - APPROVE DISCUSSION PURCHASE or SECURITY SCREENING 2/14/91 EQUIPMENT (Project 312015). f (13) REQUEST ADMINISTRATION TO INVESTIGATE METHODS TO MAKE CITY HALL MORE SECURE. APPOINT INDIVIDUALS TO COMMISSION ON R 91-151 160-161 THE STATUS OF WOMEN (Appointed were: 2/14/91 Gail P. Askins, Maribel Balbin-Toranzo, Cheryl A. Benton, Adrienne M. Macbeth, Stephanie D. Rolle, Barbara Sims and Nora Saet Smith.) 56. BRIEF COMMENTS AND WITHDRAWAL OF DISCUSSION RECOMMENDATIONS FROM THE WATERFRONT 2/14/91 ADVISORY BOARD ON CERTAIN WATERFRONT ISSUES, 57. APPEARANCE BY MR. CHIP COLE TO REQUEST DISCUSSION AN AMENDMENT TO THE NOISE ORDINANCE - 2/14/91 REFER TO ADMINISTRATION FOR THEIR REVIEW AND RECOMMENDATIONS. 58. DISCUSSION CONCERNING TD REALTY, INC.'S REQUEST FOR ADOPTION OF SOME TYPE OF NUISANCE ABATEMENT ORDER - ADMINISTRATION REPORTED THAT CITY IS PRESENTLY PURSUING CREATION OF SUCH AN ORDER. 59. GRANT REQUEST BY CURE AIDS NOW FOR USE OF BICENTENNIAL PARK FOR YOUTH FOR LIFE BICYCLE RACE (See label 62). 60. DIRECT ADMINISTRATION TO PRODUCF A FORMULA WHICH WOULD GUARANTEE DONATION TO THE CITY OF A CERTAIN PERCENTAGE OF BOOTHS, KIOSKS OR SPACES AT CITY FESTIVALS FOR DISTRIBUTION TO CHARITABLE GROUPS OR WORTHWHILE CAUSES. DISCUSSION 2/14/91 162 162-166 166-172 R 91-152 172-175 2/14/91 DISCUSSION 175-176 2/14/91 61. ALLOCATE $17,940 IN SUPPORT OF CULTURAL R 91-153 EVENT AS PART OF BLACK HISTORY MONTH TO 2/14/91 BE HELD BY BAYFRONT MANAGEMENT TRUST AT BAYFRONT PARK. 62. (Continued Discussion) AUTHORIZE M 91-154 DISBURSEMENT TO CURE AIDS NOW OF 2/14/91 $15,000 (OUT OF A TOTAL OF $25,000 PREVIOUSLY APPROVED) - BALANCE TO BE PAID UPON RECEIPT OF PAYMENT FOR CITY SERVICES CONCERNING YOUTH FOR LIFE BICYCLE RACE IN BICENTENNIAL PARK (Eee label 59). REFER TO THE STREET CODESIGNATION M 91-155 REVIEW COMMITTEE, WITH FAVORABLE 2/14/91 COMMISSION RECOMMENDATION, REQUEST FOR CODESIGNATION OF A STREET IN HONOR OF HOWARD F. ANDERSON. GRANT FEE WAIVER REQUEST FROM R 91-156 MOVIMIENTO DE RECUPERACION 2/14/91 REVOLUCIONARIA FOR USE OF MANUEL ARTIME CENTER, DISCUSSION CONCERNING STATUS OF SPECIALTY CENTER IN LITTLE HAVANA. 176-177 177-181 3, 181-182, a 182-183` k DISCUSSION 103-208 2/14/91 66, DISCUSS AND REFER TO CITY MANAGER DISCUSSION 20g-211 ALLEGED ZONING VIOLATIONS BY WILFREDO 2/14/91 CURBELO AT 1500 S.W. 13 STREET. (Schedule for February 28th meeting, if Commission action needed,) 67. BRIEF CLARIFYING COMMENTS CONCERNING DISCUSSION 211 SERVICE DELIVERY AREA DESIGNATION FOR 2/14/91 JOB TRAINING SERVICES. 68. ALLOCATE $10,000 FROM DDA CONTINGENCY R 91-157 211-216 FUND FOR REPAIRS AND COMPLETION OF 2/14/91 CHALLENGER VII MEMORIAL AT BAYFRONT PARK - INSTRUCT MANAGER TO IDENTIFY ADDITIONAL $19,000 TO BE ALLOCATED TO CITY PARKS. 69. REAPPOINT COMMISSIONERS PRESENTLY R 91-158 216-218 SERVING ON CITY BOARDS: (a) MAYOR R 91-158.1 SUAREZ, CHAIRMAN, DDA; (b) VICE MAYOR R 91-158.2 PLUMMER, CITY REPRESENTATIVE, BAYFRONT 2/14/91 PARK MANAGEMENT TRUST; (c) VICE MAYOR - PLUMMER, CHAIRMAN, INTERNATIONAL TRADE _ BOARD; (d) COMMISSIONER DE YURRE, _ CHAIRMAN, MIAMI SPORTS AND EXHIBITION AUTHORITY. 70. (Continued Discussion) SET CITY'S R 91-159 219-221 FUNDING PRIORITIES FOR THE 1991 2/14/91 LEGISLATIVE SESSION: (a) CURTIS PARK RESTORATION; (b) ROBERTO CLEMENTE PARK CLUBHOUSE ACTIVITY CENTER/DAYCARE CENTER; (c) CIP FUNDING TO PROVIDE ENLARGEMENT OF DAYCARE CENTER IN HADLEY PARK (ESPECIALLY EARMARKED FOR HANDICAPPED DAYCARE); (d) SATELLITE PRIMARY HEALTH CARE CENTER FOR HAITIAN COMMUNITY; (e) CIP FUNDING FOR GROVE AVENUE PARK; (f) WYNWOUD TRADE ZONE; AND (g) LAW ENFORCEMENT CONCERNING DRUGS (together with the two listed in f label 34). i 71. DIRECT ADMINISTRATION TO DRAFT A M 91-160 221-222 PROPOSED PLAN DESIGNATING TWO SEPARATE 2/14/91 _ VENDING DISTRICTS: (a) ONE FOR THE MIAMI ARENA, (b) ONE FOR BAYFRONT AND BICENTENNIAL PARKS. 72. CLARIFYING COMMENTS CONCERNING PRIOR DISCUSSION 223 APPOINTMENT TO CODE ENFORCEMENT BOARD. 2/14/91 _ x. 1 n CITE' COMMISSION OF MIAMI, FLORIDA On the 14 day of February, 1991, 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 9:15 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Commissioner Victor De Yurre ALSO PRESENT: Cesar Odio, City Manager Jorge L. Fernandez,_City Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Plummer then led those present in a pledge of allegiance to the flag. ------------------------------------------------------------------------------- 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS: (A) RESOLUTION TO HONOR THE MEMORY OF JAMES L. KNIGHT. (B) PROCLAMATION: OPERATION LOCK -UP DAY - TO EDUCATE CONSUMERS ABOUT AUTO THEFT AND HOW TO PREVENT IT. _ (C) RETIREMENT PLAQUE TO LT. G. LANE BRADFORD. ------------------------------------------------------------------------------ 1. Resolution of condolence to the family of the late James L. Knight. 2. Proclamation presented to Fraternal Order of Police for their "Operation Lock Up Day" program which educates consumers about auto theft and how to prevent it. 3. Recognition of the retirement of Miami Police Lieutenant Lane Bradford. _ Lt. Bradford will receive a plaque honoring his service to the City of = Miami Police Department at his retuirement luncheon next week. i NOTE FOR THE RECORD: On motion duly made by Vice = Mayor Plummer and seconded by Commissioner Alonso, the - minutes of the Regular and Planning & Zoning Commission meetings of December 6, 1990 were approved [- by the Commission. Commissioner De Yurre absent.. BE a LE i r — a t' Qpppy].���ry.!���ppyyery ) xr s 2 `f- 1 iiW..�r�.r..r—a...—.�—wr.r rr—�a—.r—.r.r..a.rr.�r------------------------------------------r.ariva-- 2. AUTHORIZE UTILIZATION OF MARINE STADIUM PARKING LOT BY SOUTHEAST POLICE � MOTORCYCLE RODEO COMMITTEE FOR 2ND ANNUAL POLICE MOTORCYCLE RODEO. ------------------------------------------------------------------------ Vice Mayor Plummer: Are you takll.n2 pocket items? Mayor Suarez: You have an emergency item... Vice Mayor Plummer. Oh, yes, very definitely emergency. THEREUPON, _ COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. I so move. � Mayor Suarez: So moved, Commissioner Dawkins: Second. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-93 A RESOLUTION AUTHORIZING THE UTILIZATION OF THE MARINE STADIUM PARKING LOT BY THE SOUTHEAST POLICE MOTORCYCLE RODEO COMMITTEE, FOR THE 2ND ANNUAL POLICE MOTORCYCLE RODEO, TO BE HELD APRIL 16-20, 1991. (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 Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. — ABSENT: Commissioner Victor De Yurre ALLOCATE $20,000 (FROM COMMISSIONERS' DISCRETIONARY FUNDS) CONCERNING A MUSEUM AND LIBRARY BRING ESTABLISHED BY THE BAY OF PIGS VETERANS ASSOCIATION, BRIGADE 2506. DIRECT CITY MANAGER TO ABOLISH CITY COMMISSIONERS' DISCRETIONARY FUNDS IN NEXT YEAR'S BUDGET. Y i 7.: Vice Mayor Plummer: For the record, Mr. Mayor, this is the $40,000 that I did not accept and the Manager is utilizing that money for this worthy endeavor. I so move. 1= Commissioner Dawkins: You know, I can't let you get away with that. Either if you are giving it away, you are accepting it. '. Vice Mayor Plummert I agree with you... Commissioner Dawkins: Now, if you're not accepting it, you can't give it away. Mice Mayor Plummer: Commissioner, I agree with you, but that was the only money he could find, and I said I had no objections, sir. Call the roll. Mayor Suarez: We have a motion. Do we have a second, Madam City Clerk? Vice Mayor Plummer: Yes, Miller Dawkins seconded it. Commissioner Dawkins: Yes, I second. Mayor Suarez: All right, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-94 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $20,000 TO COVER COSTS ASSOCIATED WITH A MUSEUM AND LIBRARY FOR BRIGADE 2506 BEING ESTABLISHED BY THE BAY ' OF PIGS VETERANS ASSOCIATION, BRIGADE 2506, WITH FUNDS THEREFOR BEING PROVIDED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN COMPLIANCE WITH THE i REQUEST OF VICE MAYOR J. L. PLUMMER,_.JR_ (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 Victor De Yurre I Commissioner Miller J. Dawkins Commissioner Miriam Alonso s Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez - NOES: None. ABSENT: None. - g Vice Mayor Plummer:Thank you. Mayor Suarez: Mr. Manager, you've now gotten two members of this Commission to state publicly our objections to that fund, and I hope that it will not be created in next year's budget and the monies will be used by our regular` system of priorities and put into the general budget, unless the Commission otherwise decides. Which they can certainly do during 'budget time, on .the discretionary fund. There's now two of us that have come out publicly against the creation of that. T wasn't aware that it was being created. i understand the worthiness of 'this cause and some of the other ones that I'm sure the Commissioners are supporting with the fund. But I just don't agree with that =x, method that was used to create it, and I hope next year you take that into account as the budget is prepared. If the Commission makes a motion and wants to create the fund and it passes by a majority, I suppose it gets created. But otherwise, don't sneak it into the budget. I don't agree with that at all. All right, Mr. Vice Mayor. s:w vice Mayor Plummer: No, that's all I have, air, ; .4 C Q a dry. � p r 199 }e§vim i ex sff ���e t ! 4 } t � k j — .� r----..--r—r �. ------ ---- — — — i 4, GRANT REQUEST FROM MIAMI NORTH -SOUTH GOLF, INC. FOR WAIVER OF USER FEES CONCERNING 40TH ANNUAL MIAMI NORTH -SOUTH PRO -AM GOLF TOURNAMENT, ' --------------r-------------...--------- .....:.i-..y:...er..Gu..-- Mayor Suarez: Items CA... Commissioner Dawkins: Hold it, I have a pocket item.... Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: I sent a memo requesting that we hear the North -South Golf Game group and I don't know why they haven't been heard prior to today, because the affair is the 20th. Vice Mayor Plummer: North -South golf. Commissioner Dawkins: Will the spokesperson come forth, please. — Vice Mayor Plummer: We've done it every year. This is the... Commissioner Dawkins: Do you want to do it... well, all right, I move that we do it on the same condition that we did it last year and that they meet with the Manager... Mayor Suarez: To work out the details. 1. Commissioner Dawkins: ...to work out the details. Vice Mayor Plummer: I second the motion. This was established by a former City employee, Dave Bondau, and it was a great tournament. It has been all through the years, and I think we should support it again this year. Commissioner Dawkins: OK, go over there with the Manager to work it out, sir. Mayor Suarez: So moved and seconded. Vice Mayor Plummer: Terms and conditions of previous.... Mayor Suarez: Any discussion? If not, please call the roll. Unide$ified Speaker: Thank you. The following resolution was introduced by Commissioner Dawkins, who, moved its adoption: — i. RESOLUTION NO. 91-95 s" A RESOLUTION GRANTING THE REQUEST FROM REPRESENTATIVES s OF MIAMI NORTH -SOUTH GOLF, INC., FOR THE WAIVER OF ;. • GREENS FEES IN AN AMOUNT NOT TO EXCEED $7,200 FOR THE '- 40TH ANNUAL MIAMI NORTH -SOUTH PRO AM GOLF TOURNAMENT TO BE HELD FEBRUARY 21 -23, 1991 AT THE CITY OF MIAMI ` GOLF COURSE AT MIAMI SPRINGS, PROVIDING THAT CITY ELECTRIC CARTS ARE RENTED, THAT ALL OTHER RELATED CITY j" COSTS ARE PAID BY THE TOURNAMENT SPONSOR AND THAT AN 9 AUDIT BE CONDUCTED AFTER TILT CONCLUSION OF THE EVENT;,. FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE = CITY ATTORNEY, WITH THE TOURNAMENT SPONSOR FOR THIS ry EVENT; ._.PROVIDED, THAT SAID DOCUMENT(S) BE IN : COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY THE CITY ATTORNEY, INCLUDING BUT NOT LIMI 1'iD TO THOSE REQUIREMENTS PRESCRIBED BY APPLICABLE CITY m- "' f . CHARTER AND CODE PROVISIONS, (Here follows body of resolution, omitted here and on fie is the Office of the City Clark.) �; ysar a 199 h 9 Upon being seconded by Commissioner Plummer, the resolution was passed _ and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: This is only as to waiver of fees. No direct funding? Vice Mayor Plummer: Sir, whatever the previous conditions. Commissioner Dawkins: I don't know, Mr. Mayor, go ahead and get your question. Ask your question. Mayor Suarez: Yes, I, once again, the Manager answer one thing and Vice Mayor Plummer another thing. Now, which is it? Is it a waiver of fees? I have... Mr. Odio: Waivers. Mayor Suarez: Want to be consistent in my policy to allow waivers, not direct funding. Ms. Diane Johnson: It was a waiver of fees up to $7,200. e �! Vice Mayor Plummer: Well, wait a minute, there was also... Ms. Johnson: Greens fees, with the provision that they must rent the carts. Vice Mayor Plummer: OK, but there was also, as I recall, a provision of certain amount, very small, amount of cash for trophies. Ms. Johnson: No. Mayor Suarez: OK. Ms. Johnson: No. And they were also to provide an audit. Mayor Suarez: And if it's really small, then it's the Manager's discretion anyhow. Commissioner. Dawkins: Hold it, hold it, hold it. What kind of money are you talking about for trophies? All right, get it out of my budget, whatever it is. Trophies I'll pay for out of my... c: Mayor Suarez: All right. You got the trophies now. ' Vice Mayor Plummer: OK. 3 ' -- ------ -- --- — s ---------------------------------------------------- 5. ALLOCATE $15,000 IN SUPPORT OF KIZOMBA, A CULTURAL EVENT HELD DURING_ BLACK HISTORY MONTH (SUMMER PROJECT AT MIAMI DADE COMMUNITY COLLEGE) (See label 7). = -----------------------------------------------------------�-- Mayor Suarez: Items CA-1 through... Commissioner Dawkins: No wait now. Mayor Suarez: Yes, Commissioner. 4-' Commissioner Dawkins: Mr. Manager wants me to a pocket item the purchase of ' ivy ing vehicles from the $600,000 that we are going to be voting on 'recycling later, se I guess I'll hold that until we Set to that, Mr. Mayon, z � g Mayor Suarez: OK, Commissioner Dawkins: OK, but the other one I have is from the same $40#000 that they gave me like they gave J,L, Plummer, I'm going to allocate $15,000 to the Kizomba project at Miami -Dade Community College, and I so move. Mayor Suarez: So moved, Vice Mayor Plummer: I'll second it, but what was the project? Commissioner Dawkins: Kizomba. Vice Mayor Plummer: Kizomba? Commissioner Dawkins: Yes, College that we do each year. the black history program at Miami -Dade Community Vice Mayor Plummer: Very good. Very good. Commissioner benef its from Dade.... I second the motion. Dawkins: No, no, I work at the college, but I receive no this. So now, if the Miami Hera.Ld want to say that Miami - Vice Mayor Plummer: Well, wait a minute. giving. Commissioner Dawkins: That's right. You're not receiving, you're Vice Mayor Plummer: So, what's the conflict there'( Commissioner Dawkins: None, whatsoever. But lire the Mayor said, they may —_ find anything wrong with it. Mayor; Suarez: All right, so moved and seconded. Any discussion? If not, please call the roll. — The following resolution was introduced Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-96 A. RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 IN, SUPPORT OF KIZOMBA, A CULTURAL EVENT HELD DURING BLACK HISTORY MONTH, WITH FUNDS THEREFOR BEING - PROVIDED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT .FUND, IN COMPLIANCE WITH THE REQUEST OF COMMISSIONER MILLER J. DAWKINS. (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: iw a s NOES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez None. ABSENT: None. 6. BRIEF COMMENTS CONCERNING NEWLY-ENAED STATE GIFT LAW. ----------------------•-------------------------------------------------------- -s Mayor Suarez: Items CA-1 through CA-20... —` Vice Mayor Plummer: Well, wait a minute now. Excuse me, Mr. Mayor, I'm !' sorry. Joan, come back. Mr. City Attorney... Mr. Jorge Fernandez: Yes, sir. Vice Mayor Plummer: ...you know, I have what you sent all of us about this gift law. Now, I just heard the Manager say that that law applies whether you give or you receive. Now, I don't want my colleague or myself to get in trouble. Is that your interpretation of the law? Mr. Fernandez: In the context in which Commissioner Dawkins is making this - _ motion, that a project of Miami -Dade Community College with which he's not - he's not associated or related or stands in that relationship to that specific Zamba, whatever it is, I would not see any conflict. Vice Mayor Plummer: No, no, I'm not talking about a conflict, sir. I'm - talking about the new established January 1, 1991 gift law. Mr. Fernandez: This would not be comprehended within that. Vice Mayor Plummer: But is it a fact what the Manager said that if you give - or receive more than $100, that it qualifies under that law? Mr. Fernandez: Yes, for your own personal gain or use. Vice Mayor Plummer: Personal. Mr. Fernandez: Yes. Mayor Suarez: No, but wait, wait, wait, Mr. City Attorney. If one of us, by virtue of being a public official, receives a gift, that of course comes under the law. If we give gifts to people who are not public officials, that has nothing to do with... Mr. Fernandez: No, not at all. Not in your personal capacity, and then what... Mayor Suarez: And none of us in the - I don't think - typically giving gifts to other public officials. So I don't know that that will come up too much. Mr. Fernandez: No. And the action that you have taken here today cannot be interpreted as a gift. Vice Mayor Plummer: OK, hey, I'm sorry to take up your time, Mr. Mayor, but this damn law is so confusing. Mayor Suarez: It is. Vice Mayor Plummer: The only thing guaranteed that I have found on this law is that the legislature in the session is going to make a lot of modifications. So I just don't want any of us to get hung up on something that... you know, I told you at the Florida League of Cities the woman who is administering that law said she had read it two dozen times, and still .was uncomfortable in answering questions. So, if she's administering and doesn't understand it, how the hell are we supposed to? Mr. Fernandez: I have prepared a memo for you giving you some guidelines and I continue to do that and answer questions from your individual offices as they arise. But Vice Mayor Plummer is correct. It is very confusing in many details. h Commissioner Dawkins: Well, don't you confuse us further please. r. 7 February 14, 191 r ` i 7. (A) (Continued Discussion) CLARIFICATION THAT MONIES FOR THE KIZOMBA y' EVENT ARE TO BE TAKEN FROM DISCRETIONARY FUNDS (See label 5). (B) REQUEST CITY ATTORNEY TO REPORT BACK ON NECESSITY FOR A VOTE WHEN DISCRETIONARY FUNDS ARE ALLOCATED. -_. --__-----------..-----------------------------_.-------=---- -__ Mayor Suarez: All right, items... Fir. Fernandez: Mr. Mayor, we have for that resolution that just passed, we need to identify the source of funding. Vice Mayor Plummer: He did, the contingency fund. Commissioner Dawkins: OK, no problem. Hold it, one minute. Hold it one minute. "...a resolution allocating an amount not to exceed $15,000 from special program and account contingency fund." I think it's 740 or seven whatever it is, object code. Same one that we got... only difference is, my. account number will be different from Commissioner Plummer's. But if you want to take the $15,000 from his account number, it's quite all right with me. Mayor Suarez: Am I being told, Mr. Manager, now... Vice Mayor Plummer: Be my guest. Mayor Suarez: ...once again to this discretionary account for the allocations of those funds in excess of your discretionary amount of $4,500, a formal City resolution, Commission resolution is needed? Is that what someone from my i staff just told me that you told them? -somebody told them over there. Commissioner Dawkins: That's what they told me to bring it in. Mayor Suarez: That's why this matter had to be approved formally by the Commission, that.... Vice Mayor Plummer: No, no. Mayor Suarez: ..Commissioner Dawkins and Vice Mayor Plummer's. Commissioner Dawkins: That's what they told me. Vice Mayor Plummer: Uh uh. Mayor Suarez: All right, let the record reflect then that if we follow the prior procedure of making the request and that the check will be forthcoming from the Manager's office. g Vice Mayor Plummer: If it's discretionary, it's at your discretion. Mayor Suarez: If it's in the budget and if it's discretionary, presumably the guidelines are you specify and that's it, right? a —= Vice Mayor Plummer: As far, as I know. If it's a discretionary fund, it's at a your discretion. Mayor Suarez: Mr. City Attorney, I don't hear you saying anything, sir. F t Mr. Fernandez: Again, Mr. Mayor, I... Mayor Suarez: If you're not sure, just tell me you're not sure and find out, f somebody, for me and let us know before the end of this meeting. I have a F, memo out to the Manager of at least two weeks ago on the splitting up of what - was left in my supposed fund and, you know, I presume it's been implemented. I presume it's been acted on. If not, I would have expected to have heard back._ Mr. Fernandez: Again, to the extent that I'm not privy to some of these. communications and that I have not had ample opportunity to analyze .it,�n light of the Code.and Charter, I f t x IMt. .._-., ..-.....�.._.... .... . _ .. .- Mayor Suarez: If you don't know the answer, please you get together with the Manager and get us an answer so we have an idea. We've just formalized two of them. - Mr. Fernandez: Correct. Mayor Suarez: The rest of this Commission may need to formalize theirs. — Please. OK, item CA -I.... -- —; - ---- - - - --- ----- ---- - 8. (A) AUTHORIZE LOAN AGREEMENT WITH FLORIDA INTERAMERICAN FILM, TELEVISION, VIDEO AND RECORDING ASSOCIATION, INC. IN SUPPORT OF: INTERAMERICAN COPRODUCTION FILM MARKET AND CONFERENCE 191. (B) REQUEST ADMINISTRATION TO ENSURE THAT THE CITY IS RECEIVING ITS FAIR ALLOCATION OF TAXES FROM CELLULAR PHONE REVENUES. ------------------------------------------------------------------------------ Commissioner Dawkins: OK, one more, Mr. Mayor. I don't know who is supposed to do this. Mr. Manager, who is supposed to bring this pocket item concerning - the money for Nora Swan and the film production market and what have you? - Mr. Odio: Mr. Bailey informed me yesterday that... I believe he was going to _ ask you to do so. Commissioner Dawkins: All right. What's your recommendation? Mr. Odio: On a loan basis, if it's a loan, yes. The County has already given them their money and it... Commissioner Dawkins: What did the County give them? _ Mr. Odio: The same amount, I believe. Commissioner Dawkins: Beg �our pardon? 4 Mr. Odio: Twenty-five? Twenty-five. - k Commissioner Dawkins: And so you're going to loan them twenty... Mr. Odio: Loan them twenty-five thousand and we get it back... = _- Commissioner Dawkins: All right, what's the expectations of funds to repay = the loan? Vice Mayor Plummer: And what is the money going to be used for? - . Mayor Suarez: And where in the budget is it coming from? =t _i Commissioner Dawkins: YeeeaH0000...I San Antoine....! �g Mr. Odio: This is the money to create the Florida Interamerican Film, Television, Video, and Recording Association. It's an Interamerican conference on film market productions. It is an important... f.= Vice Mayor Plummer: Well, why isn't that coming out under the International Trade Board of which... Mayor Suarez: What was the recommendation of the ITB on this? �! Commissioner Dawkins: Thank you, thank you. Vice Mayor Plummer: Nobody brought it before the International Trade Board. �i Mr. Odio: This is coming from funds from the special programs and accounts, - contingency fund, with repayment of said funds to be made from net proceeds of g =• the conference. It goes not come from ITB. - f; _# Commissioner Dawkins: But, Commissioner Plummer is correct. This should .have - gone to the international Trade Board. This deals with trade and we'ro trying to establish a trade... a movie film industry here, and that is trade and it' should have gone before his commission, 1 mean his board. _ 9 Febx'Wy 140 1994 i Mr. Odio: I don't know why it didn't, but... Mr. Nora Swans Dig' you want... Mr. Odiot I'm just trying to resolve it a problem here and this conference, from what they tell me, it's of vital importance to the development of the film industry in Miami, and that's why I agreed to the loan. Mayor Suarez- But no clear explanation of the prospects of repayment, I _ mean, we have loaned other events monies in the past with the expectation that the monies would be paid back because they have a track history of attracting so many people who pay a fee to come in, et cetera, et cetera. If so... Commissioner Alonso: I think we should allow her to explain. I think they will be able to repay this loan that the City will give them, but if we give them opportunity perhaps we can hear that explanation from them or Herb. Yes. Mayor Suarez: Yes, either Nora or somebody has to explain, or you, Herb. I'll tell you what, right off the bat, 1 will vote against it unless it comes with a recommendation from the ITB. So, I'd like to see it go through the - ITB, that's what we have it there for. And I'm puzzled why it didn't go through the International Trade Board, but if you want to get on the record some idea of this other question that is being raised, which is very proper, which is, you know, exactly how do we know that we're going to be paid back, z that's... 1 Commissioner Dawkins: I move, Mr. Mayor, that we refer it to the IT Board and it comes back, and we follow their recommendation. i Mr. Herb Bailey: Before we do that... Mayor Suarez: Is there a timing problem with that, Herb? Mr. Bailey: Yes. This conference, which we've had previous years has been very successful. This is the largest one and we're bringing in a lot of people from other countries on this co -production and it's really a commercial or entrepreneurial activity where we are trying to attract more co -production film activity in the City of Miami. And we've fallen far behind the rest of the state. We had to cancel before because lack of funds. So we sent them - back to the private sector, we got the County involved. We were $50,000 _— short. We talked to people at the County and we talked to the people in the _ private sector and the County at last Commission meeting voted to grant - and they gave a grant - of $25,000 which was half of the cost on the basis that if the City of Miami could come up with the other half as a grant. We knew that -: couldn't happen, so we talked about how we could make it a loan and pay it back from the registration. The response to this conference is tremendous. We expect over 400 people here. Robert Redford is going to he here as the anchor person, the spokesperson for it. We've sent out any number of invitations. It's getting international acceptance and the reason it hasn't gone before the International Trade Board, first of all, there are certain things that we still haven't turned over to them that we intend to, but we've _ — turned over piece by piece. And we hope to get them involved in this at a s i later,date. But this conference has to be put on in April to..... right. And —�' to put on a conference, you have to send out the material months in advance. _ If it has to come back before another Commission meeting, we'd just have to - cancel it. And we've already cancelled it... r Vice Mayor Plummer- Well, I'll tell you how to handle it. Approve it subject - -_ to the recommendation approval of the ITB. That's the way to handle it. - Mr. Bailey: That would be fine, but we're still spending money. And we don't want to lose the $25,000 that the County gave us. Because they understand the importance of it also. We have now become, unknown to a lot of people, the —� focal point for all film activity in the City of Miami. _ Vice Mayor Plummer: Giving him an out. z Mr. Bailey: And the County has lost their part, you know. So, we have looped = at the numbers. There is no doubt that we'll be able to pay it back. In faot, the Spaeacape has given us a ship... M IM 10 February 14, 199i Vice Mayer Plummer: Herb, don't push a loser. Mr. Mayor, I make a motion that we approve it subject to the approval of the ITB: Mayor Suarez: So moved. Commissioner Alonso: And second. Mayor Suarez: Seconded and thirded. That would bed the only way I could vote —! for it is... Vice Mayor Plummer: It's a loan, of course. Commissioner Alonso: It's a loan. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-97 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA INTERAMERICAN FILM, TELEVISION, VIDEO AND RECORDING ASSOCIATION, INC., IN — AN AMOUNT NOT TO EXCEED $25,000, AT SIX PERCENT (6%) INTEREST PAYABLE WITHIN 60 DAYS, IN SUPPORT OF THE "INTERAMERICAN CO -PRODUCTION FILM MARKET AND CONFERENCE 191111 TO BE HELD APRIL 11-14, 1991; — ALLOCATING FUNDS THEREFOR FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, WITH REPAYMENT OF SAID FUNDS TO BE MADE FROM NET PROCEEDS OF THE CONFERENCE; SAID AUTHORIZATION AND ALLOCATION BEING SUBJECT TO =E APPROVAL BY THE INTERNATIONAL TRADE BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT:None. Mayor Suarez: Commissioner De Yurre wants a point of clarification. What are the tenis of this loan? Commissioner De Yurre: Any interest rate? No interest rate? Mayor Suarez: I guess if it's only up to the event, there will be no interest. Vice Mayor Plummer: No. Mr. Bailey: I'm sorry, Please, no interest, yes, Commissioner De Yurre: Well, I just want to make it clear. Mr. Bailey: We're going to bring a lot of interest... Mayor Suarez: The bigger concern is that the event will happen, that the i :r money will never be paid back. In which case, the interest rate will have boon,. you Know, minus infinity or something. vice Mayon Plummer: That's always a fear, Mr. Manager... Speaking of money and interant, r Sebrusary I� 77777, ift Commissioner Dawkins: Are you satisfied? 3 Mayor Suarez: It's supposed to be just up to the event. Commissioner De Yurre: No, I just wanted to clear a record as to what, you know, how it's going to be. Vice Mayor Plummer: Yes. Mayor Suarez: It's right up to the event, so intervening period of time, it would be like one month Vice Mayor Plummer: Mr. Manager, I am told, and I would like to know if ,the City is collecting, that on cellular telephones, that almost each bill contains $10 worth of taxes, City taxes. And the monies are distributed by the zip code of the bill being sent. So if you zip code Miami, that money should be forthcoming as being collected by the cellular phone companies. I would like to make sure that the City of Miami is getting their allocation of those... Commissioner Dawkins: It's Miami! Vice Mayor Plummer: You touristl I check with Coral Gables, they have not received theirs and they're going after it because they are collecting it and we are entitled to it, and I want to make sure that we get our fair share out of it. So, please let me know that we are collecting it. Thank you. Mayor Suarez: Mr. Vice Mayor, on the motion previously made and Commissioner De Yurre's question. I kept thinking if the amount was not returned to this City, on this loan of $25,000, we should specify an interest rate. Because if it is a loan, and they don't pay the $25,000 back, there should be an interest rate applying. At least so that for future years we'll know that they owe the $25,000, or parts thereof, plus some interest. You can't just sort of have it without interest, otherwise it's an indeterminate loan. Vice Mayor Plummer: We'll ask for Mr. Bailey's personal check. Mayor Suarez: Do you want to propose it as a... Vice Mayor Plummer: Six percent. Mayor Suarez: ...standard. OK. Commissioner De Yurre: And is there a time certain on this? Mayor Suarez: It's supposed to be paid upon happening of the event. If it is, and they owe it and they never come here and expect us to subsidize this event again. Mr. Bailey: No, we will pay it 60 days after we've had the event. Within that period of time. Commissioner De Yurre: And the event is scheduled for when? Mr. Bailey: In April. Commissioner De Yurre: So, by May we should have the money. j Mr. Bailey: No later than the end of June. By May, we should know. We'll have it. Commissioner De Yurre: OK. Commissioner Dawkins: Thank you. Mayor Suareza Thank you. Commissioner De Yurre: Yes. - - - - - - - - - - - ----a.- --------- ---- 9. CONSENT AGENDA --------------------------------------------------------------------- Mayor Suaret- Items CA-1 through CA-21 constitute the consent agenda. Does anyone wish to be heard on these items individually? Let the record reflect that no one stepped forward and we may then take them collectively, Commissioner Dawkins: I need 14 explained only, Mr. Mayor. Mayor Suarez: On a clarification on item 14, Commissioner Dawkins. Do you want to try to clarify that at this point? And maybe we can go put it back in with the rost. Commissioner Dawkins: Somebody over there, anybody. Vice Mayor Plummer- Commissioner Dawkins, I also have a memo from you in question of CA-10. Commissioner Dawkins: CA-10? Vice Mayor Plummer: In your memo, you sent out a memo on CA-2 and CA-10. Commissioner Dawkins: OK, well the Fire Department came to me and explained... Mayor Suarez: Clarified CA-10, OK. Vice Mayor Plummer: It's cleared up? Commissioner Dawkins: Yes, it is. Thank you. Mayor Suarez: And CA-18 has been withdrawn, by the way. Let me announce that. So, CA-14 is the only one with pending questions, clarification. Mr., Odio: In CA-14, is authorizing the Manager to make an offer and execute an agreement with the property owners for acquisition of five parcels within the Model City - CD target area to be used for development of affordable housing to low and moderate income families. Commissioner Dawkins: Five parcels. Mr. Odio*: Yes. Commissioner Dawkins: So that's five pieces of land. How much you paying for the five parcels? LE Forty-three thousand dollars. Commissioner Dawkins: Each. Mr. Odio: No. Total. Mr. Jeff Hepburn. Total. Commissioner Dawkins: All right. That's total. Mr. Odio; Total. Commissioner Dawkins: All right, for the five pieces of property, it equal out to how much per unit? 'I mean, how much per parcel of land? Mr. Hepburn: On the average, It's about $8,000. Mr. Odioi Eight thousand five hundred. Commissioner Dawkins: Eight thousand. All right, Now, when we build the houses, having paid $8,000 for the land, what's going to be the regale value of the house? Mr. Hepburn: We will take in account our acquisition cost, but based on which model we use - in terms of three bedroom, two bath, average 1,300 square foot single family home - we're talking somewhere around $60,000. Commissioner Dawkins: How much? Mr, Hepburn: Sixty. Commissioner Dawkins: Sixty. You're talking about sixty. Now, you said somewhere around, so around - let's take sixty as around and tell me whether you plan to go around sixty-five from sixty or around fifty-five from sixty? Mr. Hepburn: Basically, based on history, we have built units in Model City, Wynwood Allapattah, we've sold these units for about $59,900. We have recouped our land cost in those sales. Commissioner Dawkins: I'll ask you again, Mr. Hepburn. In these houses that we are talking about building, are you going to tell me that we're going to = sell them between sixty and sixty-five or are you telling me that we're going to sell them between fifty-five and sixty? Which way from sixty - from around sixty... now, these are your words, around sixty. Mr. Hepburn: We've been trying to keep our prices under sixty. So about fifty... same price, fifty -nine -nine. Commissioner Dawkins: All right, so we're going to sell these... see, now, I need to know what you're going to do. Either you're going to sell them under sixty or you're not. Mr. Hepburn: We're trying to hold it down under sixty thousand dollars. Vice Mayor Plummer: Well, that doesn't answer his question. Commissioner Dawkins: You see... thank you, brother. My blood brother. Vice Mayor Plummer: "Blue Brother." Commissioner Dawkins: See, we keep saying that we are committed to affordable housing. We established our own housing agency in order to provide affordable housing. In my neighborhood, and the neighborhood that you're talking about building in, sixty-five thousand dollars is not affordable. Now, if this Commission up here feels that an affordable house - and if I'm in error, either one of my Commissioners will correct me - means that a person can pay his mortgage, pay his phone bill, pay his light bill, pay his car note, and still be able to go to Publix. Now, if the individual we put in the house cannot do that, then we have not made housing affordable for it. — Mr. Hepburn: I would agree with you somewhat. Commissioner Dawkins: No, no, no. I couldn't care if you agree with me not at all. You don't have a vote up here. I'm telling you what I'm going to vote on, OK? No, no, no, now wait, Mr. Hepburn. Whether you agree with me or disagree with me right now is irrelevant. But I'm telling you, I'm not voting for this for you to purchase no housing, no land, unless you - now, that's one vote up here - unless you assure me that whatever it takes to bring these houses in under $60,000, which we all consider as affordable, then I'm not going to vote for it. Mayor Suarez: What is the expected secondary financing, surtax, or whatever? Mr. Hepburn: Yes, that's one of the things I wanted to mention. Mayor Suarezi And what will it make the payments on a monthly basis so that we know chat it is affordable as we think of affordable to working poor? Mr. Hepburn: One of the things I want to mention is that basically the" affordability is in the financing. That most of the purchases are based on two (tape 2) mortgages, There's a first mortgage from a private bank and a K second mortgage through surtax, based on... Mayor Suarez: Do we have a pretty good assurance that we'll be able to 6a surtax second mortgages for this? j l Mr. Hepburn: Yes, we're putting in applications just like any other private developer, nonprofit, for this kind of funds. Mayor Suarez If we got it, what would it work out to be? -the monthly payment? Are we talking less than $400 a month, principal and interest, at least? Mr. Hepburn: Based on past histories, we're talking about somewhere around $425 a month. Mayor Suarez: And that's principal and interest, just P & I? Mr. Hepburn: Yes, PITI. taxes, and insurance, or Mayor Suarez: PITI. PITI is four twenty-five, assuming we get the surtax. The problem is, to pursue Commissioner Dawkins' line of inquiry, what happens if we don't get the surtax, Jeff? Mr. Hepburn: So far, we've put in one... Mayor Suarez: We've never been too embarrassed by having properties that have lost value, so we can always resell them, I suppose. But, any other ideas? Mr. Hepburn: Well, we've also received some money from the state to provide second mortgages also. So I think there's a... _ Mayor Suarez: We have? -from the FHA? — Mr. Hepburn: No, under the State Affordable Housing Program, demonstration program. But I think there are, you know, other sources of funds out there through the public sector that we can tap into to ensure that these units are affordable through the financing. Mayor Suarez: OK, understand, as Commissioner Dawkins is saying, if you get to the point that those units are going to be... they're home ownership obviously, right? Mr. Hepburn: Yes, they are. Mayor Suarez: They're not for rental - are going to exceed $425 a month in = principal and insurance, taxes... principal, interest, taxes, and insurance, you're not going to be able to meet the market of East Little Havana. Is that where it's located? Mr. Hepburn: We're talking about these acquisitions? Model Cities, they're in Model Cities. Mayor. Suarez: Oh, these are Model Cities? Mr, Hepburn: Yes. Mayor Suarez: You won't be able to do it if it even crawls above $425. I don't think it becomes affordable at that point. - r Commissioner Alonso: :And you're talking only about principal and interest. Taxes. '- Mr. Hepburn: Taxes and insurance also. — Mayor Suarez: He said PITI. Ile said it could include all four. Mr. Hepburn: Yes, we've only built at this point, I think, ten units in Model Cities under this particular program and we've sold all ten. We have ,sic under construction right now. We think we have a market. Mayor Suarez: Well, before you put it... let's see if we can satisfy the Commissioner's concern because I think it's all of our collective concerns. It these were ever to be put on the market, we'd Like to attach a condAti.om r that PITI payments, or principal, interest, taxes, and insurance, would not exceed $425. Otherwise, you have to get Commission authority to do anythlos 7� 15 74hrua0,141091 �� beyond that point, because we're telling people one thing and doing something different. Because it's not the kind of affordable housing that we're thinking about if it goes to t1lat point, so if you want to build that in as a condition. Commissioner Dawkinst No, Mr. Hepburn, you and your staff are aware of every federal program it is subsidizing housing. The federal government now has special programs for subsidizing affordable housing. I expect you and the people who you pay, who we pay, to find a means to bring these houses in. That's all I'm saying to you, OK? Mr. Hepburnt Yes, sir. Commissioner Dawkins: And I expect you to do that. Now, I don't care if we have to go the Bahamas, or wherever we have to go to get whatever funding it takes to bring these houses in where they are affordable, that's what we're supposed to be about, and the Mayor gave you the criteria for affordable. Now, it's up to you to find out what new innovative creative methods you have to do to do that. Mr. Bailey: Commissioner, could I just say something for the record? One of the items of cost in these houses that we build - and I think we've gone through this discussion before - is recovery of cost for the land. If you want to forgive the recovery of the cost... Mayor Suarez: Is that before us today, Herb? Mr. Bailey: Well, it's before you on this item because he's talking about bringing it in under a certain price. Mayor Suarez: But, I mean is it before us formally? Because if not, maybe we ought to give you the resolution... Mr. Bailey: Well, no I'm going to answer his question. Mayor Suarez: ...I know, I know, I know it answers partially a question as to $8,000 of the total cost. Mr. Bailey: Forgive the $8,000 but bring it in at fifty-two thousand. Mayor Suarez: You know how I feel about it, and you know how brother Plummer feels about it, and the rest of us, maybe, are in between. But if we get into a discussion of that, we might never agree to purchase these lots and move on with the project, you know. But it is true that at some point, we have to grapple with the recovery of $8,000 per unit approximate cost, and so far, we haven't given you any indication on this project, you know, how much we would — expect to recover. — Commissioner Dawkins: But, Mr. Bailey, to you and your staff - and Mr. Mayor, I'll be finished with this - you know, when developers come here and they voluntarily proffer covenants, they proffer covenants for green olive trees, they proffer for day care, they proffer for parks. It's nothing that says they can't proffer to a fund established by us to offset these houses. Mr. Bailey: I'm glad you mentioned that, Commissioner, because we have one and I'm still trying to figure out where the money is. Commissioner Dawkins: But, Mr. Bailey, you everybody else seems to think that don't exist. know it and I know that, but Mr. Bailey: Yes, there's one here that we've been getting and where's the cash? -We'd like to use it. Vice Mayor Plummer: Mr. Mayor, can I ask a question? Commissioner Dawkins: Where's the cash? I'll ask you. I'll put it on the, agenda for the next agenda. We'll find out where the cash is. Vice Mayor Plummer; Where is. Commissioner Dawkins: I' know where it is, it's been spent. But I'll let it come up on the agenda. j y IF lb gf p Vice Mayor Plummer: Where is the Commission Awareness program that was supposed to eliminate all of this in front of the Commission? I don't whose segment this is. �5— Mayor Suarez: 'Whose jurisdiction would be... Commissioner Dawkins: Whose jurisdiction is.... Commissioner Alonso: Mine. Mayor Suarez: ...Housing Conservation Agency? Vice Mayor Plummer: But why wasn't this hashed out by the Commission Awareness and we wouldn't have to go through all of this? Commissioner Dawkins: Who's supposed to be responsible for thisl Vice Mayor Plummer: Whose segment is this? Commissioner Alonso: This is mine, and... Commissioner Dawkins: Oh, I'm sorry, I'm sorry then. Vice Mayor Plummer: They didn't bring it to you? Commissioner Alonso: But he's the one asking the questions. Vice Mayor Plummer: Yes, but did they bring this to you? Commissioner Alonso: And at the Awareness Program, doesn't mean that a Commissioner doesn't have the right to ask questions that they want to ask on a particular item. Mayor Suarez: When it reaches the Commission. Commissioner Alonso: I don't want to impose that in the rest of my colleagues the same way I don't expect them to do it to me. Commissioner Dawkins: No, ma'am, I will get back... I'll tell you, now that... Vice Mayor -Plummer: No, but the question I asked is, did they bring this to you in the Commission Awareness? Commissioner Alonso: No, not in detail. But I understand this. If, in fact, the price that they have quoted to be the monthly payment includes principal, interest, and insurance and taxes, that price is considered affordable and I agree with them. Vice Mayor Plummer: Fine. Commissioner Dawkins: I would... Commissioner.Alonso: If in - excuse,me, Commissioner if in fact, the price is higher than that and if we are talking about two or three bedroom Apartments houses... -1 Mr. Hepburn: Houses, correct. Ji Commissioner Alonso: ...and that's what we are talking about, I think it's, yea, it's considered affordable. The risk that we have is that they changed the price in between because we have no assurances at this time that -in fact, we are going to get' the money or not. But also, if we were to stop the purchase and constructions of these properties, at the same time we will be also `stopping the construction of affordable housing in the City of Miami. xT Because it Might be that we don't have all the answers at the time that we r- have to approve the purchase of the land. �r Y Commi."ssioner Dawklna: Nobody said, stop. , . I mean, hold it. 1 never amid, Ito the purchase,, 17 rob tar ► 'z 4. U r i - Commissioner Alonso: No, 1 understand that, Commissioner. Commissioner Pawkibst What t said, but I'm finished with this. I tell you what. I'm sorry that I didn't... I will refer my questions, now that I know who to, I'll refer them to you and you can get them answered for me. Ain't no problem. Commissioner Alonso: I don't think that the Awareness Program should be a program that they stop a Commissioner from asking questions... Vice Mayor Plummer: Oh, no. Commissioner Alonso: ...that they feel they should be asked directly to the person, and that's why I did not interrupt him because I think he has every right in the world to ask the questions. Commissioner Dawkins: But, see, like J.L. said, I could have submitted them - to you and then instead of going through this, you could have said, OK, Miller, you're concerned about bang, bang, bang, bang... Vice Mayor Plummer: Hash it out there. Commissioner Dawkins: ...and we could have moved on. € Commissioner Alonso: OK, thank you. r 3 Mayor Suarez: And you might have taken care of it yourself already as to some of the concerns. - Commissioner Dawkins: That's right. Or you could have come and said, ' Commissioner Dawkins had these concerns. These are the answers, it's been worked out. �. Commissioner Alonso: Right. Mayor Suarez: I'm glad they asked they asked a question, because you've given the imprimatur of yourself in a supervisory capacity, which helps a lot too. Commissioner Dawkins: Yes, no further questions. Mayor Suarez: Let's entertain then the vote on the consent agenda, items CA - Commissioner Dawkins: I move. Vice Mayor Plummer: So move. Mayor Suarez: ...through CA-21 with the exclusion of item 18. Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? 1f not, please call the roll. Mr. Jorge Fernandez: Mr. Mayor, before you call the roll, Item 17 has to be corrected for a minor typo. Northeast should be changed and read northwest. # Mayor Suarez: All right. - Mr. Fernandez: But the record should be made correct. - Commissioner Dawkins: Seventeen? Mayor Suarez: Minor in typing, but could be major in interpretation. Nv Mr. Fernandez: That's right. t. Mayor Suarez; Thank you. Call the roll. 1`. Commlastoner Dawkina: Hold it till I see 17. iF -1 M&yQr Suarez; it'a ,dust .a typo. f. c+- Q yip rryu i ; Commissioner Dawkins: All right, the Mayor explained it. ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY COM14ISSIONER DAUXINS, THE CONSENT AGENDA, WITH ABOVE NOTED EXCEPTIONS, WAS PASSED BY THE FOLLOWING VOTEt AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso i Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez i NOES: None. 2 ABSENT: None. Mayor Suarez: By the way, when I said it was just a typo, I was pretty much echoing the City Attorney. It's clear that this is not a major shift in geographical application of whatever it is we approved in CA-17, right? JJ— Mr. Fernandez: No, it doesn't. I just merely... a Mayor Suarez: It was always intended to be that way. 9.1 AUTHORIZE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, INC., FOR POLICE DEPARTMENT (Later rescinded - see label 13.) RESOLUTION NO. 91-98 A RESOLUTION AUTHORIZING THE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, INC. UNDER EXISTING DADE COUNTY BID NO. 0989-7/90-1 FOR THE DEPARTMENT OF POLICE IN THE PROPOSED AMOUNT OF $82,310.00; ALLOCATING FUNDS THEREFOR FROM THE 1990- 91 OPERATING BUDGET ACCOUNT CODE NO. 290201-722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.2 ACCEPT BID: DOTHAN SECURITY, INC. FOR SERVICES TO VARIOUS CITY DEPARTMENTS. RESOLUTION NO. 91-99 A RESOLUTION ACCEPTING THE BID OF DOTHAN 'SECURITY, — '' INC., FOR THE FURNISHING OF SECURITY GUARD SERVICES TO VARIOUS CITY DEPARTMENTS ON AN AS NEEDED BASIS FOR A PERIOD OF ONE YEAR WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE YEAR PERIODS AT THE PRICES STIPULATED ON BID NO. 90-91-002 FOR THE DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT; ALLOCATING FUNDS THEREFOR FROM THE VARIOUS CITY DEPARTMENTS FY '90-91 OPERATING BUDGETS AS NEEDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT -.:. THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AS NEEDED AND THEREAFTER TO EXTEND THIS 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.) a z % 14 f'ebrtary14 ,tdr�` m �IF � 9.3 ACCEPT BID: AZTECH CHAS P. YOUNG CO. FOR TYPESETTING, LAYOUT AND PRINTING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT REQUIRED BY STATE LAW. RESOLUTION NO. 91-100 A RESOLUTION ACCEPTING THE BID OF AZTECH CHAS P. YOUNG CO. FOR THE TYPESETTING, LAYOUT AND PRINTING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT REQUIRED BY THE STATE LAW FOR THE DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT/GRAPHIC REPRODUCTIONS DIVISION, AT A TOTAL PROPOSED COST NOT TO EXCEED $10,500.00; ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING BUDGET, ACCOUNT CODE NO. 420501-680; AUTHORIZING THE �* CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - 9.4 ACCEPT BID: COURTESY FORD, INC. - FOR FURNISHING ONE AIR SUPPLY VAN FOR FIRE DEPARTMENT (Project 313234). RESOLUTION NO. 91-101 A RESOLUTION ACCEPTING THE BID OF COURTESY FORD, INC., FOR FURNISHING ONE (1) AIR SUPPLY VAN FOR THE }� ADEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED AMOUNT OF $21,557.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT W NO. 313234, ACCOUNT CODE NO. 289401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT _ OFFICER TO ISSUE A PURCHASE ORDER FOR THIS VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.5 ACCEPT BID: STINSON AND COMPANY, INC. (BASE BID) FOR MUNICIPAL SHOPS —f SANITARY SEWER EXTENSION B-5588 (Project 351287). RESOLUTION NO. 91-102 _ A RESOLUTION ACCEPTING THE BID OF STINSON & COMPANY, INC., IN AN AMOUNT NOT TO EXCEED $40,987.00, BASE BID OF THE PROPOSAL, FOR MUNICIPAL SHOPS SANITARY SEWER EXTENSION B-5588; WITH MONIES THEREFOR ALLOCATED FROM THE 1990-91 CAPITAL IMPROVEMENT i ORDINANCE NO. 10782, PROJECT NO. 351187, IN THE C AMOUNT OF $40,987.00 TO COVER THE CONTRACT COST; AND $8,488.00 TO COVER THE ESTIMATED EXPENSES, FOR A " TOTAL OF $49,475.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) y 9.6 ACCEPT BID: J. LARRAURI, G.C. (BASE BID) FOR MODIFICATIONS TO FIRE TRAINING CENTER PROJECT B-2974-D (Project 313018). RESOLUTION NO. 91-103 A RESOLUTION ACCEPTING THE BID OF J. LARRAURI, G.C., IN AN AMOUNT NOT TO EXCEED $29,000.00, RASE BID OF THE PROPOSAL, FOR MODIFICATIONS TO FIRE TRAINING CENTER PROJECT B-2974-D; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 313018, IN THE AMOUNT OF $29,000.00 TO COVER THE CONTRACT COST; AND $7,140.00 TO COVER THE ESTIMATED EXPENSES, FOR A TOTAL OF $36,140.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.7 ACCEPT BID: J. LARRAURI, G.C. (BASE BID PLUS ADDITIVE ITEM) FOR MODIFICATIONS TO FIRE STATION NO. 9 PROJECT B-2974-C (Project 313018). RESOLUTION NO. 91-104 A RESOLUTION ACCEPTING THE BID OF J. LARRAURI, G.C., IN AN AMOUNT NOT TO EXCEED $70,800.00, BASE BID PLUS ADDITIVE ITEM OF THE PROPOSAL, FOR MODIFICATIONS TO FIRE STATION NO. 9 PROJECT B-2974-C; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 313018, IN THE AMOUNT OF $70,800.00 TO COVER THE CONTRACT COST; AND $16,257.00 TO COVER THE ESTIMATED EXPENSES, FOR A TOTAL OF $87,057.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.8 ACCEPT BID: MIRI CONSTRUCTION, INC. (BASE BID) FOR OVERTOWN STORM SEWER RETROFITTING PROJECT - PHASE II B-5584 (Project 352276). RESOLUTION NO. 91-105 A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $69,281.00, BASE BID OF THE PROPOSAL, FOR OVERTOWN STORM SEWER RETROFITTING PROJECT — PHASE II B-5584; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 E CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 3522276 IN THE AMOUNT OF $69,281.00 TO COVER THE CONTRACT COST; AND $13,641.00 TO COVER THE ESTIMATED EXPENSE,, FOR A TOTAL OF $82,922.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - F 9.9 ACCEPT COMPLETED WORK DOUGLAS N. HIGGINS, INC., FOR NORTH FLAGLER SANITARY SEWER IMPROVEMENT (District SR-5500-C - centerline sewer) (CIP _ 351273). RESOLUTION NO. 91-106 A RESOLUTION ACCEPTING THE COMPLETED WORK OF DOUGLAS N. HIGGINS, INC., FOR NORTH FLAGLER SANITARY SEWER IMPROVEMENT IN NORTH FLAGLER SANITARY SEWER IMPROVEMENT DISTRICT SR-5500-C (CENTERLINE SEWER), CAPITAL IMPROVEMENT PROGRAM PROJECT 110. 351273. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.10 EXECUTE AGREEMENT WITH DISTRICT BOARD OF TRUSTEES OF MIAMI-DADE COMMUNITY COLLEGE (MEDIAL CENTER CAMPUS) - FOR PROVISION OF EMT AND PARAMEDIC CLINICAL EXPERIENCE FOR CITY FIRE DEPARTMENT EMPLOYEES. `i RESOLUTION NO. 91-107 ! - i _ A RESOLUTION, WITH .ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DISTRICT BOARD OF TRUSTEES OF MIAMI-DADE COMMUNITY COLLEGE (MEDICAL CENTER CAMPUS), FOR THE PROVISION OF EMT AND PARAMEDIC CLINICAL EXPERIENCE FOR EMPLOYEES OF THE CITY OF MIAMI FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT, FROM THE DATE OF EXECUTION OF THE ' AGREEMENT THROUGH AUGUST 15, 1991, AND FOR SUCCESSIVE YEARS THEREAFTER, UNLESS OTHERWISE i DIRECTED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) — 9.11 EXECUTE CONTRACTUAL AGREEMENT WITH HAITIAN TASK FORCE, INC. ($30,000) TO PURCHASE ADDITIONAL PROPERTY FOR PARKING AND EXPANSION OF CARIBBEAN MARKETPLACE. RESOLUTION NO. 91-108 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY - MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE HAITIAN TASK FORCE, INC., IN AN AMOUNT NOT TO EXCEED $30,000 FOR THE PURPOSE OF PURCHASING ADDITIONAL PROPERTY { s FOR PARKING AND THE EXPANSION OF THE CARIBBEAN MARKETPLACE; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND (MINI-UDAG PROGRAM). ,x (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 22 i 9.12 EXECUTE AMENDMENT NO. 4 TO AGREEMENT WITH DELOITTE AND TOUCHE (CERTIFIED PUBLIC ACCOUNTANTS), IN ASSOCIATION WITH SHARPTON, BRUNSON AND COMPANY, PA; VERDEJA, IRIONDO AND GRAVIER; AND WATSON AND COMPANY, PA - FOR: (A) RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR MIAMI CONVENTION CENTER AND GOVERNMENT CENTER PARKING GARAGE FINANCINGS, AND (B) PREPARATIONS OF SEPARATE AUDIT REPORT FOR SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT TRUST. RESOLUTION NO. 91-109 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4, IN SUBSTANTIALLY THE FORM ATTACHED, TO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON & COMPANY, P.A.; VERDEJA, IRIONDO & GRAVIER; AND WATSON & COMPANY, P.A., FOR RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR THE MIAMI CONVENTION CENTER AND THE GOVERNMENT CENTER PARKING GARAGE FINANCINGS, AND FOR THE PREPARATION OF A SEPARATE AUDIT REPORT FOR THE S.E. OVERTOWN/PARK WEST REDEVELOPMENT TRUST, WITH FUNDS IN AN AMOUNT NOT TO EXCEED $20,000 THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991 OPERATING BUDGETS OF THE DEPARTMENT OF CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES, THE GOVERNMENT CENTER PARKING GARAGE ENTERPRISE FUND, AND THE S.E. OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND, AS FOLLOWS: $7,500 FROM ACCOUNT NO. 350119- 340, $7,500 FROM ACCOUNT NO. 260221-340, AND $5,000 FROM ACCOUNT NO. 550108-340 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.13 AUTHORIZE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST EVELYN SILVER (D/B/A MAYFAIR WALLCOVERINGS) - TO RECOVER LOAN FUNDS ($44,111.86) RECEIVED THROUGH CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. RESOLUTION NO. 91-110 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST EVELYN SILVER, D/B/A MAYFAIR WALL COVERINGS, TO RECOVER LOAN FUNDS IN THE AMOUNT OF $44,111.86 RECEIVED BY SAID INDIVIDUAL THROUGH THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. (Here follows body of resolution, omitted on file in the Office of the City Clerk.) 9.14 AUTHORIZE CITY MANAGER TO MAKE OFFER AND EXECUTE AGREEMENT WITH VARIOUS PROPERTY OWNERS FOR LAND ACQUISITION WITHIN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA - TO BE USED FOR AFFORDABLE HOUSING IN CONNECTION WITH MODEL CITY / LITTLE HAVANA DEMONSTRATION PROGRAM (Project 321025). RESOLUTION NO. 91-111 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY OWNERS FOR ACQUISITION OF FIVE PARCELS (PARCEL NOS. 02-54, 02-55, 02-56, 02-57 AND 02-58) WITHIN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA, AND WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE MODEL CITY/LITTLE HAVANA DEMONSTRATION PROGRAM; ALLOCATING FUNDS FROM THE LOTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE MODEL CITY/LITTLE HAVANA DEMONSTRATION PROGRAM, PROJECT NUMBER 321025, INDEX CODE 599101, FOR ACQUISITION OF THE SUBJECT PROPERTIES; AND AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.15 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF A PORTION OF ORANGE BOWL BY MUNDIAL SPORTS GROUP, INC., FOR PRESENTATION OF SOCCER MATCHES. RESOLUTION NO. 91-112 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION OF THE ORANGE BOWL STADIUM BY MUNDIAL SPORTS GROUP, INC., FOR THE PRESENTATION OF A SERIES OF SOCCER MATCHES ON SELECTED DATES DURING THE PERIOD FEBRUARY 1, 1991 THROUGH FEBRUARY 28, 1992; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE; AND SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OF HIS DESIGNEE. (Here follows body of resolution, omitted her on file in the Office of the City Clerk.) e and 9.16 ESTABLISH SPECIAL CHARGES FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY CENTRAL AMERICAN SOCCER ASSOCIATION, INC. FOR AMATEUR SOCCER GAMES. RESOLUTION NO. 91-113 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY CENTRAL AMERICAN SOCCER ASSOCIATION, INC., FOR THE SAID ORGANIZATION'S PRESENTATION OF AMATEUR SOCCER GAMES ON APPROXIMATELY FORTY (40) EVENTS DAYS DURING THE PERIOD FROM FEBRUARY 23 THROUGH DECEMBER 29, 1991g FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE; AND SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OF HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.17 AMEND 87-552 (WHICH HAD CODESIGNATED CERTAIN STREETS IN LATIN QUARTER DISTRICT) - DELETE CODESIGNATION: JUAN PABLO DUARTE AVENUE (13 AVENUE BETWEEN N.E. 1 STREET AND S.W. 9 STREET). RESOLUTION NO. 91-114 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 87-552, ADOPTED JUNE 11, 1987, WHICH HAD CODESIGNATED CERTAIN STREETS OF THE CITY IN THE LATIN QUARTER DISTRICT AREA BOUNDED BY NORTHWEST 1ST STREET ON THE NORTH, SOUTHWEST 9TH STREET ON THE SOUTH, 12TH AVENUE ON THE EAST, AND 17TH AVENUE ON THE WEST, TO DELETE THEREFROM 13TH AVENUE BETWEEN NORTHWEST 1ST. STREET AND SOUTHWEST 9TH STREET, SAID AVENUE HAVING BEEN CO -DESIGNATED JUAN PABLO DUARTE AVENUE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO CERTAIN NAMED GOVERNMENT OFFICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - 9.18 AUTHORIZE PAYMENT ($55,382) TO FLORIDA DEPARTMENT OF INSURANCE (AS RECEIVER FOR SOUTHEASTERN CASUALTY AND INDEMNITY INSURANCE COMPANY) AS , i BALANCE DUE ON RENOVATION OF MIAMI BASEBALL STADIUM PRESS BOX / ROOF 1 PROJECT. RESOLUTION NO. 91-115 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE FLORIDA DEPARTMENT OF INSURANCE, AS RECEIVER FOR SOUTHEASTERN CASUALTY AND INDEMNITY INSURANCE —: COMPANY, THE SUM OF $55,382.00 REPRESENTING THE BALANCE DUE FOR RENOVATION OF THE MIAMI BASEBALL ,. STADIUM PRESS BOX/ROOF PROJECT; SAID MONIES THEREFOR BEING ALLOCATED 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.) 25 �abru ry 14, 1991 S x' 9.19 ACCEPT PLATS HUGHES ESTATES SECTION ONE. RESOLUTION NO. 91-116 A RESOLUTION ACCEPTING THE PLAT ENTITLED "HUGHES ESTATES SECTION ONE", A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) f1 a— 9.20 AUTHORIZE PAYMENT ($51,348.30) TO STEEL, HECTOR AND DAVIS - AS CONSULTANTS IN CONNECTION WITH: PNM CORPORATION VS. CITY OF MIAMI VS. FULLER AND SADAO. RESOLUTION NO. 91-117 A RESOLUTION THE DIRECTOR OF FINANCE TO PAY THE LAW OFFICES OF STEEL, HECTOR & DAVIS THE SUM OF $51,348.30 FOR SERVICES RENDERED AS CONSULTANT TO THE CITY ATTORNEY'S OFFICE IN CONNECTION WITH THE CASE OF PNM CORPORATION VS. CITY OF MIAMI VS. FULLER & SADAO; SAID MONIES THEREFOR BEING ALLOCATED 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.) ------------------------------------------------------------------------------ 10. URGE EASTERN AIRLINES, INC., TO KEEP INTACT THE EASTERN MAIN BASE AT THE AIRPORT AND TO WORK WITH DADE COUNTY ON UNIFIED REUTILIZATION OF MAIN BASE FACILITIES - URGE DADE COUNTY GOVERNMENT TO MARKET FORMER EASTERN MAIN BASE FACILITIES TO A SINGLE COMMERCIAL AIR CARRIER: Mayor Suarez: OK, we do have then in the audience, and would like to be interested in what business bring him here. If it's pro bono, we'd take him - out of order, County Commissioner Alex Pinelas in a brand new suit and tie. Commissioner, do you have something of public interest that we can handle as per our courtesy system of handling our colleagues in the County Commission? Mr. Alex Pinelas; Yes, Mr. Mayor, members of the Commission. Let me thank you for taking me out of order this morning. And what brings me to the City of Miami Commission this morning is a matter that I think of as import to all of us in Dade County, and that is the situation that we're currently facing at >�- Miami International Airport with the bankruptcy filing of Eastern Airlines. As you know, the County, with the numerous cities and other economic development agencies of the County, we are trying to attract United Airlines to come into the area that was previously occupied by Eastern Airlines. Those negotiations are taking place and what we're trying to do is have United bring`' their entire maintenance facilities to the airport. We believe that that will - not only restore the over 7,000 jobs that have been left by the bankruptcy filing of Eastern Airlines, but will also result in a capital infusion of i possibly over five hundred million dollars ($500,000,000) to our community. y_ What we are trying to do, and have been doing this last week, is visiting the different municipalities throughout Dade County urging all of you to pass resolutions which encourage a major airline - we don't :mention united in the resolution - but it encourages a major airline to consider bringing their �= JF �i 26 Februeri► 44, 4901 . t AvL t$'4'�4 facilities to Miami international Airport. It also requests the bankruptcy trustee, Mr. Shugrue, along with the bankruptcy court, to avoid dividing up those assets. As you know, the hangars and the terminals and all these other facilities at the airport become an asset of the bankruptcy estate. And we are urging the trustee not to divide that up. To leave them intact, so that we, in turn, could offer them in one piece to a... Mayor Suarez: The County and the authority, the airport authority, have concluded that if you don't split them up, they have greater value for the airport and for the community? Mr. Pinelas: Yes, sir. Mayor Suarez: And prospective airline buyer? Mr. Pinelas: Yes, sir. Mayor Suarez: Well, you know, the nice thing is, in the past, when anything has changed at the airport, we've had to deal with requests made by either the applicant airline or by a staff person - at least as to myself - I just had to sign recently somewhere, I was asked to sign, some supporting letters and it's the first time that we get the County Commissioner here who presumably has oversight jurisdiction... s Mr. Pinelas: Yes, sir, my... Mayor Suarez: ...and is exercising it over the airport. Is that correct or not? -delegating it to any other Commissioners of the County? Mr. Pinelas: That's correct. That is correct, Mayor. Shortly after my election, I was appointed by Mayor Clark to oversee the committee that regulates the airport and seaport and... Vice Mayor Plummer: Now, about that parking pass at the airport. The parking pass at the airport. Mayor Suarez: OK, so do we have the wording of the resolution that you'd like +' us to pass in support of your efforts? Vice Mayor Plummer: That we used to get. Mr. Pinelas: My understanding is that... Commissioner De Yurre: What about that special fund? i Vice Mayor Plummer: We used to get a parking pass at the airport, I remember. Commissioner De Yurre: There's a special fund there that we can tap in. _ Vice Mayor _Plummer: Especially when we went out to represent the City to welcome dignitaries that we now have to pay $7.50 for. Commissioner De Yurre: Hey, there's a special parking on the corner over — there. I'll tell you about it later. { 4 Vice Mayor Plummer: Yes, that's the one where all the wreckers are 'parked that tow your car. Commissioner Dawkins: Mr. Mayor, I think that... Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: ...the other two Commissioners could go to the County and lobby the County Commission and not lobby them here at the City Commission meeting. r Mayor Suarez: Thank you, As to the matter at hand. Vice Mayor Plummer; I hope your hair turns all grey. Mayor Suarez= I'll entertain a motion in support of your efforts.., R 27 14; 19�� gg q F 'r !G Commissioner Dawkins: So move. Mayor Suarez: ...to attract a major new airline presence... Vice Mayor Plummer: Second. Commissioner De Yurre: Second. Mayor Suarez: ...and keep the assets together. Moved and seconded. Commissioner Dawkins: I would ask the Mayor - you call the Mayor, he'll rake anybody available if he can't go himself - to go anywhere with you to talk with the people from Eastern - I mean, United. Mr. Pinelas: Thank you very much. And this may all produce itself next week as we really are in a very short time frame. I think my office has faxed to the City Attorney a proposed resolution and certainly any changes will be welcome and... Mayor Suarez: The Vice Mayor's comment on parking, the only thing I want to say on that is just keep in mind, when you come to the Arena, that we have provided parking for County Commissioners there. Mr. Pinelast I will keep that in mind. - Mayor Suarez: All right... Commissioner Dawkins: OK, and if your staff gets that to the City Attorney, we will move on it this afternoon. Mr. Pinelas: Very good. i" = Commissioner Dawkins: And get it back to you. i Mr. Pinelas: Thank you very much. Commissioner Dawkins: Oh, he has the resolution here now? Vice Mayor Plummer: .Mr. Mayor... Commissioner De.Yurre: This is provided... Vice Mayor Plummer: ..let me congratulate our colleague for coming here. — Commissioner Alonso: Yes, think... Vice Mayor Plummer: I think it shows a spirit that hasn't been in the past that they personally come down here and seek the consolidation of thought with the County and the City. And, Alex, I congratulate you for taking that step �s to come down here and personally be here, not sending somebody who doesn't _ know what the hell is going on. It shows your interest and the County's interest, and I hope it even.goes further in the future. f Commissioner Alonso: Yes. t Mr. Pinelas: Well, Mr. Vice Mayor, I appreciate those comments, and if, there's anything that Alex Pinelas, as a County Commissioner or in my personal - capacity, can do to benefit the City of Miami, we're trying to be as accessible as possible and working as hard as possible to... you all know my municipal background, so I'm not foreign to local municipal issues, and if there's anything that my office could assist with, feel freetocontact them. Mayor Suarez: There's a thirty million dollar ($30,000,000) land.swap that we have in mind that the County has been... Mr. Pinelas: We'll talk about it. x ; Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I share ,T.h. Plummer's sentiments regarding you, ?' willing to work collectively with you...MU "r k:ii4J Rff i y i Mr. Pinelas: Thank you. _ Commissioner Dawkins: ...to do anything I can. But if Joe Gersten Comes before this Commission, I will not cooperate with him for nothing. And I want him, the whole County Commission to understand that Joe Gersten is a hindrance to the good cooperation between Dade County and the City of Miami. Vice Mayor Plummer: Here I try to patch it up and war has been declared again. Mayor Suarez: All right... Vice Mayor Plummer: Damnl Commissioner Alonso: Let me add something else... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: ...I also would like to congratulate Commissioner Pinelas and say that I'm very happy to see you here and I hope it's a way to start a great communication with the County. I think it's the way it should be. It hasn't been in the past. The County Commission hasn't been very t responsive perhaps to some of the needs of Miami, but I'm certain that in the - - future, through people like you and others that are in the Commission, that I = have full confidence that will be working with us. I'm sure the future is - going to be much better, and the relationship between the County and the City will improve through the years. Mr. Pinelas: Thank you very much, Commissioner, appreciate it. Commissioner De Yurre: Mr. Mayor, if I may read the resolution that... Mayor Suarez: Yes, Commissioner De Yurre. — Commissioner De Yurre: ...and before that, since everybody. is saying - something about the Commissioner, I've got to say something too. That he's very accessible. If you ever want to see him for anything, you go,to the _ Firehouse = Four, happy hour on Fridays, and you can see him there. So that's... hey, that's where it's at. Mr. Pinelas: That's right. Commissioner De Yurre: OK, here we go: THEREUPON, COMMISSIONER DE YURRE READ THE RESOLUTION INTO THE - - PUBLIC RECORD, BY TITLE ONLY. Moved. Mayor Suarez: So moved. , Commissioner Alonso: Second. Mayor Suarez; Seconded. Any discussion? If not, please call the roll. The following resolution was ,introduced by Commissioner De Yurre, who �. moved its adoption: RESOLUTION NO. 91-118 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING EASTERN AIRLINES, INC. TO KEEP INTACT EASTERN'S MAIN i- - BASE; FURTHER URGING EASTERN AIRLINES TO WORK WITH - DADE COUNTY ON THE UNIFIED REUTILIZATION OF THE MAIN BASE FACILITIES; ALSO URGING THE DADE COUNTY Z4.GOVERNMENT TO MARKET THE FORMER EASTERN MAIN BASE FACILITIES FOR REUSE TO A SINGLE COMMERCIAL AIR CARRIER. .` (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.' }3, Upon being seconded by Commissioner Alonso, the rssQlutioA-v p ssod.;' .. nci adopted by":the following vote429 } t , i t t y C 'f ` AYES: Commissioner Victor be Iturre Commissioner Miller J. Dawkins Commissioner Miriam Alonso _ Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez 909Ss None, ABSENTi None. Mr. Pinelas: Thank you very much. Thank you. Mayor Suarez: Commissioner. Commissioner Alonso: Thank you. Mayor Suarez: All right, sir. 1 NOTE FOR THE RECORD: At this point, Mr. Robert Cummings, City of Miami employee, was presented with a plaque upon his retirement recognizing his 31 years of - service to the City of Miami. 1 ' Mayor Suarez: Commissioner Dawkins wanted to recognize Mr. Robert Cummings. Commissioner Dawkins: Mr. Robert Cummings. Come on up here. Mayor Suarez: Unfortunately, Mr. Cummings, I think our photographer who had troubles with his camera among other things, has now left us, but the plaque -� reads: "In grateful recognition to 8 g your dedicated service to the City of Miami, your career beginning January 5, 1960, and ending on February 12, 1991, has been distinguished," that's 31 years by my count, "...by your professionalism and outstanding performance on the job presented by the Miami City Commission." And I think that in the time that I've been here, you're the longest serving City employee that, in my recollection, with 31 years, so_ we congratulate you for that service and for having put up with the City Managers and Mayors, and Commissioners and so on all the way along the line, sir. - Commissioner De`Yurre:_ He's been here longer than Plummer::_ Commissioner Alonso: Great. (APPLAUSE) -------- ------------------------------------------ ---------------- 11. EMERGENCY ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER INCOME FOR THE DOWNTOWN = DEVELOPMENT AUTHORITY (DDA) - FOR THREE -SIXTHS (APRIL - SEPTEMBER) OF s L.: FISCAL YEAR BUDGET ENDING SEPTEMBER 30, 1991, a_:.-----------------------------------=-------------___- _--___--_- Mayor"Suarez: Item two. 1 - 4 mk Vice Mayor Plummer: Mr. Mayor, item 2 is on the DDA. I would like to tell y' s�— this Commission that I had a very very fine meeting with the DDA. Mr, Doran _ Jason, in. particular, who chaired that meeting, we had a very good representation of the people of the downtown area, - _>: Commissioner Dawkins: I move it, if J.L.'s through editorializ;ng. Vioe MA or lummers And I will be happy ppy to second it. I think that we mayts h'achanged some thinking and I think that was necessary, I have ow u : ssmos from them of the things that we diseursed, and I think that it':e - = *430i'ebr$►�iFt t r� important that they realize that they've got to work hand -in -hand with this Commission, and for that reason, I'm happy to second the motion. Mayor Suarez: OK, so moved. Vice Mayor Plummer: Yes, sir. Mayor Suarez: Finally approving the appropriations ordinance for the Downtown Development Authority. Vice Mayor Plummer: For the balance of the year. Mayor Suarez: Right. I understand that to be a second by Commissioner De Yurre. Commissioner Dawkins: Yes, no me. Mayor Suarez: Commissioner Alonso, have you had an opportunity to spend time chairing the DDA? I hope that's in the offing. Commissioner Alonso: No, I have not. Actually, I have not received any formal invitation to that effect, so if it's... Mayor Suarez: OK, Mr. Matthew Schwartz, can you make this a formal _ invitation, sir, to the Commissioner to chair the... Commissioner Alonso: Extend it to me, I'll be delighted to do it. Mayor Suarez: Thank you. OK, we have a motion and a second. Vice Mayor Plummer: Their formal invitation is, "Hey, what are you doing next Thursday?" Mayor Suarez: They do pay your lunch. Vice Mayor Plummer: Very formal. Mayor Suarez: Would you read the ordinance, Mr. City Attorney. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THREE -SIXTHS (APRIL 1, 1991 TO SEPTEMBER 30, 1991) _ OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1991; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DOWNTOWN h, DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE REQUIRED BIDS; PROVIDING BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION E; TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991, FOR THE OPERATIONS OF THE CITY OF MIAMI, FLORIDA; CONTAINING A REPEALER: ' PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. d Was introduced by Commissioner Dawkins and seconded by Commissioner, Plummer, for adoption as. an emergency measure and dispensing with the raquixement of reading same on two separate days which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOM None. r AS: Nona, a a E i _ __._ �..:.� ......mow- a�..i-: i • r .. .. -^a'.u. .. • .- —— Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre - Commissioner Miller J. Dawkins _ Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOESt None: - - ABSENT: None. - SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10834. 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. — :i A ------------------------------------------------------------------------------ 12. (A) EMERGENCY ORDINANCE: AMEND 10021 (WHICH ESTABLISHED APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND) - INCREASE BY re $944,500 AS A RESULT OF ADDITIONAL DEPOSITS FROM SUCCESSFUL FORFEITURE ACTIONS. (B) DIRECT ADMINISTRATION TO REVIEW CORAL GABLES' SUCCESSFUL PROGRAM CONCERNING COLLECTION OF RICO (RACKETEERING INFLUENCE CORRUPTION - ORGANIZATION) FUNDS - URGE ADMINISTRATION TO EMULATE THEIR _ SUCCESS. 8, ----------------------------------------------------- Mayor Suarez: Item three. - Vice Mayor Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion on item 3? If not, please read the ordinance.-, Vice Mayor Plummer: Let me ask one question. Mr. Manager - Mr. Manager,.on item.3,;but in particular, what did the City collect last year in RICO funds?` Mr. Odio: Total? Vice Mayor Plummer: Give me a ball park figure. -' Mr. Odio: About a million two, a million five ... We have to get this. I think - it's closer to... Vice Mayor Plummer: OK, give it to me, but let me tell this City Commission.. - t In checking with Coral Gables, we collected somewhere a million or two, .; somewhere in that, OK. The City of Coral Gables last year must be doing -=' something different that we're doing. And let me tell you why. They're going g_ _ to collect, last year, almost 19 million dollars. OK? May I ask the Police Department to find out what they're doing and if, hopefully, we can improve a our program and do better. So, I'm just bringing that to your attention. - Hey, I can tell you, one confiscation last year was six million dollars. One confiscation alone. So, maybe they're doing something that we're,not doing, ' Let's capitalize on their... OK? That's the only thing I have. Read the �4" .. " ordinance please. v f, Mayo" Suarez: Call the roll. 3 3 3 v PS AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $944,500 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. 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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10835. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 13. (Continued Discussion) (A) RECONSIDER PRIOR VOTE ON 1 AUTHORIZATION TO PURCHASE PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, (CA-1) INC.; (B) REJECT ALL BIDS RECEIVED; (C) DIRECT ADMINISTRATION TO START BID PROCESS ANEW (See label 9.1). -------------------------------------------------------------------------.. Commissioner Dawkins: Mr. Mayor, I have to beg my.... `r Mayor Suarez: Yes, Commissioner Dawkins. Commissioner Dawkins: ...fellow Commissioners' indulgence. I'd like to revisit one because I intend not to vote for one and and throw it out. And I { got carried a, -ay on CA item, C... One was the consent agenda... Yes. ...so which one on the consent.... Mayor Suarez; We can review... 33 Commissioner Dawkinst Item one. Mayor Suarezt Move to reconsider CA-1. CA -I? Vice Mayor Plummert Oh, CA-1. Commissioner Dawkins: CA-1 only. Mayor Suarez: On CA-1, moved by Commissioner Dawkins, seconded by Commissioner Plummer. Call the roll on the motion to reconsider. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 91-119 A MOTION TO RECONSIDER PRIOR VOTE ON RESOLUTION 91-98 WHICH AUTHORIZED THE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM 2ITMAN PHOTO, INC. UNDER EXISTING DADE COUNTY BID, IN THE PROPOSED AMOUNT OF $82,310 FOR THE DEPARTMENT OF POLICE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Photographic supplies. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: CA-1, yes, Commissioner Dawkins. Commissioner. Dawkins: Mr. Mayor and fellow Commissioners, for seven years I've sat here, and each year I ask them why is it they continue to buy photographic supplies from one vendor? Each year, I get the standard answer, "We are buying off the Dade County bid specs." OK? Now, I want to throw this out. Let them go out for bid and let them come back and show me that this is the lowest bid. If it is not the lowest bid, then I don't accept to do it. In the City of Miami, fellow Commissioners, we have 27 businesses that sell photographic equipment. Mayor Suarez: Wholesale? Commissioner Dawkins: People down... yes. People downtown who are struggling trying to stay in business, and each year for the last eight years that I have been here, you come back with Rich and tell me that the reason why you are ,— buying it is because it's the lowest bid as per Dade County contract. Well, put it out for bid and prove it to me. Mr. Odio: OK.... Mayor Suarez: All right, so...- Mr, Ron Williams: I would like to add for the record that the recommended vendor is within the limits of the City of Miami. Mayor Suarez: Is this the same one that has gotten it for the last 8 years? Vice Mayor Plummer: Ron.., xz 34 rebruAty 91 [ x. Commissioner Dawkinst I said, it's 27. Now, if that one is one of the 27, I don't have no problem with it. Mr. Odio: Commissioner, we will... Commissioner Dawkinst If it's not one of the 27, it makes 28. Mr. Odio: I think we should go out for bids and if the bids that we get are higher than the County's bid, then we don't do it. We'll keep piggybacking it. Commissioner Dawkinst We go with the County bid. If it's lower... Mr. Odiot We will do what you request. Commissioner Dawkins: Thank you. Put it out for bid and come back and show me. Just don't come tell me that you say it's low and you don't show it to me. Mayor Suarez: So moved and seconded by Commissioner Plummer. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-120 a A RESOLUTION DIRECTING THE CITY MANAGER TO SEEK BIDS FROM PHOTOGRAPHIC SUPPLIERS BASED ON SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE PROCUREMENT OF SAID SUPPLIES, AND TO BRING BACK SAID BIDS TO THE CITY _ COMMISSION FOR REVIEW AND FURTHER ACTION. (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 Victor De Yurre Commissioner Miller J. Dawkins _— Commissioner Miriam Alonso Vice ,Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor. Suarez: In effect, we're testing our straight competitive bidding against the piggyback bidding through County, which is a larger volume, I guess. ' Commissioner Dawkins: Yes, sir. mi l` st �s V 2 y 35 V h 2,p 14. (A) COMMISSION COMMENDS EXCEPTIONAL BRAVERY EXHIBITED BY TWO CITY OF MIAMI POLICE OFFICERS DURING RECENT INCIDENT IN LITTLE HAITI CELEBRATION. (B) DIRECT CITY MANAGER TO ENFORCE EXISTING REQUIREMENT URGING THE POLICE CHIEF TO RECRUIT POLICE OFFICERS FROM WITHIN THE RANK Off' PSA (PUBLIC SERVICE AIDE). (C) CLARIFYING COMMENTS BY COMMISSIONER DAWKINS REGARDING PRIOR COMMISSION COMMENTS CONCERNING HAITI'S PRESIDENTIAL INAUGURATION CELEBRATIONS, IN LIGHT OF MEDIA MISQUOTES. -------------------------------------------------------- ,-------.------------ Mayor Suarez: Since I saw Lt. Longueira, I want to ask lieutenant if you would make a report to this Commission and if the Manager would so authorize you, of the incident recently involving in Little Haiti during the demonstration or the celebration, really - of the presidential election involving a couple of officers who I think acted, from what I've heard about it, in heroic fashion to avoid a much worse violence on the part of one individual, and if so, your recommendation and yours, Mr. Manager, for awarding the highest awards of bravery to the officers in question. I know the names of two of them, Gary Eugene and Ray Caravelle, I think, were involved in disarming an individual who was firing into the air and at people and perhaps some other officers helped to get the individual out of the scene so that he would not be - harm would not be done to him by the crowd. I think that from what I've heard, it was just incredible bravery. And perhaps the Commission ought to be aware of it, and, of course, I know that some awards have been given by the Police Department. I'd like to do it on behalf of the Commission and the City as a whole. Vice Mayor Plummer: While Longueira is here, Mr. Manager, when we established — a PSA program many years ago, it was with the intent of them serving a purpose, but also creating a bullpen so that we would have a probation period to see these officers, the the PSAs, and immediately go into police. It is my understanding - I hope misunderstanding - that that policy is not now being followed. That for the class that is starting in April, they did not go first and foremost through the PSA ranks to try and fill that class. I would like a paper sent to all of us to make sure that that policy established by this Commission, was and is going to continue to be adhered to. That that gave us the best testing ground in the wore to have these people on board for a year and a half so that when we got ready to start a class, we had them right there and ready to go. So, I would like a paper telling me that that was followed and will continue to be followed. } Lt. Joseph Longueira: Yes, sir. I r Vice Mayor Plummer: Thank you. Commissioner Dawkins: And, Mr. Mayor, I'd like to - I don't usually respond to media, but I am going to... Vice Mayor Plummer: Oh, oh. Commissioner Dawkins: At no time did this Commission attempt to tell the fi sovereign nation of Haiti that they could or could not invite any head of `— state to their president's inauguration. We never said that. Vice Mayor Plummer: That was their prerogative. f - Commissioner Dawkins: See? But yet, when ,you read the media and the editorials on TV, it says we attempted to violate somebody's first amendment. Poppycock! We up here have enough elementary civics that we learned in nigh school to know that if the sovereign country of Haiti was desirous of inviting the biggest Communist in the world from the Communist country of Russia, anybody from Poland, anybody from Romania, they have every right in the world to do that in their country. We never attempted to stop that. So 1 just want +' it understood that this Commission didn't say that, nor did we imply that. z 36 r-rrr---------r-----r_..---------r - - - - --r---rr-r---- r--r - - r rrrrr-- rirw - - - 15, EMERGENCY ORDINANCE: AMEND 10782 - ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT (352211) ENTITLED: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROJECT. ---------. --- ------------------ ----------------------------------------------- Mayor Suarez: Item 4, Vice Mayor Plummer: Move it. i- ' Mayor Suarez: Moved. Commissioner Dawkins: Oh, oh, oh. Second, under discussion. Mayor Suarez: Seconded, under discussion. Commissioner Dawkins. 1 Commissioner Dawkins: Why is it that... Vice Mayor Plummer: Four. Commissioner Dawkins: ...you're going to get $400,000 and the contract to i. write the plan or whatever, is for $400,000? Dr. Luis Prieto: We assess several cities that are doing this at the present time. We've used the city of Tulsa, Oklahoma, and they're roughly our same size. They've paid about $410,000 already for part one of the permit. Let me say that in all honesty, Mr. Commissioner, this is going to cost us around one million dollars for part one and part two. That's the estimate from EPA. Commissioner Dawkins: Well, I'm going to tell you right now. I'm going to vote for 3, 4, and 5 with the stipulation that when you put it out for bid, you put it out that we're going to hire anybody who come as far under $400,000 as they can come. Mr. Prieto: Yes, sir. e Commissioner. Dawkins: All right? Mr. Prieto: Absolutely, sir. Commissioner Dawkins: Now, you see, it's amazing how, quickly, the administration forgets. Where's Adrienne Macbeth? Standup. Just stand*.in _ place. We had $125,000 to write a disparity study for the City of Miami. It was said that we have $125,000. A black group came in to do it for $125,000 -- and a white -.group came in and say, "We'll do it for $100,000," and we, the ._ City Commission, decided that we were going to save $25,000 and we gave it to the white group. All right? Now, if you can do it there, you can do it here. — Thank you, Miss Macbeth. n,. g Mayor Suarez: OK, as to item 4, please read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC _ RECORD, BY TITLE ONLY. s Vice Mayor Plummer: Justify the.emergency.' - Mr. Odios It is. being presented on an emergency basis in order for the City to comply with certain deadlines imposed by the United States Environmental k_ v Protection Agency. Vice.-Mayor Plummer: When were the deadlines known? ._ Mr. Prieto; We just fc+und out, the rule making came out the lot of January, .,; and the deadline is the l8th of November. We need all the, time we can get, y,the way, the.penalties are $25,000 a day. Nayor,-Suaroxt Qood reason for the emergency.All right, nail the rolj� r 4 r 37 Flk AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION ONE OF ORDINANCE NO. 10782, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING THE NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROJECT", PROJECT NO. IN THE AMOUNT OF $400,000 FROM STORM SEWER GENERAL OBLIGATION BOND FUNDS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and Dawkins, for adoption as an emergency measure requirement of reading same on two separate days, following vote= AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT- None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Victor De Yurre K Commissioner Miller J. Dawkins Commissioner Miriam Alonso — Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10836. The CityAttorney read the ordinance into the public record and announced that copies were available to the members` of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: With the stipula... Ms. Hirai: Commissioner De Yurre. Commissioner Dawkins: Hold it. Ms. Hirai: I'm sorry. Commissioner Dawkins I vote yes with the stipulations that this be done as far under the first $400,000 as possible, and definitely under the million dollars that he quoted under the over there. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: And, Dr. Prieto, I know that we've got our minority procurement staff out there as eager beagles looking for participation, but perhaps with the Manager's acquiescence, you could make yourself available to black contractors and Hispanic contractors and women contractors to explain to them the kinds of projects that may be looming in the horizon for the City to be involved in, so that they can begin to prepare themselves, Some of these corporations, it seems like, adjust to the coming waves, and maybe the minority procurement officers that we've got are not quite as familiar and r yours such an eager presenter of ideas and projects that i think it would work well and that they would be linked up with you directly in the department $S February l4,1401 i in question so that you are the principal department doing public works in the City that I'm aware of. Although we have some other development efforts d underway. Mr. Prieto: I agree, sir. I like the idea. 16. DESIGNATE AS CATEGORY B PROJECT ACQUISITION OF ENGINEERING SERVICES FOR OBTAINING A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR THE CITY'S STORM SEWER SYSTEM (REQUIRED BY U.S. ENVIRONMENTAL PROTECTION AGENCY) - APPOINT CERTIFICATION COMMITTEE. _] Mayor Suarez: Item five, category B project, engineering services national pollutant discharge elimination system. Vice Mayor Plummer: Move it. Commissioner Alonso: 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. 91-121 A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT THE ACQUISITION OF ENGINEERING SERVICES FOR OBTAINING A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR THE CITY OF MIAMI'S STORM SEWER SYSTEM REQUIRED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE REQUIRED PROFESSIONAL SERVICES; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN - THREE QUALIFIED PROFESSIONALS FROM THE CITY'S STAFF; AUTHORIZING THE CITY MANAGER TO APPOINT A FOURTH CERTIFICATION COMMITTEE MEMBER WHOSE PROFESSIONAL o EXPERTISE IS STORMWATER MANAGEMENT SUBSEQUENT TO i RECEIPT OF THE PROPOSALS AND APPOINTING LUIS A. '} PRIETO-PORTAR, DIRECTOR OF PUBLIC WORKS, .AS CHAIRMAN OF THE COMPETITIVE SELECTION COMMITTEE, ALL IN }_ ACCORDANCE WITH FLORIDA STATUTES SECTION 287.055, AND j CITY OF MIAMI ORDINANCE NO. 9572, ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING FOR SUCH PROFESSIONAL SERVICES AND ALSO ESTABLISHED NEGOTIATION REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH SERVICES; FUNDS FOR SAID SERVICES TO BE ALLOCATED FROM STORM SEWER GENERAL OBLIGATION BOND FUNDS IN AN AMOUNT NOT TO EXCEED FOUR HUNDIED THOUSAND DOLLARS. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None, 39 17. (A) EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY 191) - APPROPRIATE FUNDS FROM A STATE RECYCLING GRANT. (B) BRIEF COMMENTS BY ANDREW LANE, NEWLY -ELECTED PRESIDENT OF THE SANITATION EMPLOYEES' ASSOCIATION (SEA). (C) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED PURCHASE OF FIVE RECYCLING TRUCKS (See label 47). ----------------------------------------------------------------------------- Mayor Suarez: Item 6, solid waste reduction recycling and education. Emergency ordinance. Vice Mayor Plummer: Move it. Mayor Suarez: The emergency is based on a state grant, by any chance? -or what is the reason for the emergency. Mr. Odio: Because we have to... the investment of grant funds within the parameters imposed by the grant agreement and they must trade the City's good faith effort in compliance with the statutory mandate. Vice Mayor Plummer: Give me an idea of what this educational $600,000 is going to do. Commissioner Dawkins: I'm going to do better than that, J.L., as you are aware on this Commission. I've got something for them, leave them alone. Vice Mayor Plummer: Sir, I ask of you, tell me what the educational program of $600,000 is going to do? Mr. Odio: These funds will be used to propose... Commissioner Dawkins: They are going to buy five trucks and they're going to come back to us with the balance from the purchase of the five trucks, and don't spend one penny until this Commission understands what the compost group is, who's hired out there for composting, what they're doing with the.... nobody - and I'm the Awareness Commission on this Commission that know what the compost thing is. We don't even know what it is. So I think that they should not spend one penny of the $300,000 for education or nothing. I've asked them to provide us with who the educational coordinator is, what is the = educational program, who does it, what audio and visual aids they're using, and, I mean, twat things that I'm hoping that they provide me with to provide you with before we spend one penny other than the trucks. Vice Mayor Plummer: Well, from what I'm looking at, it would indicate to me that the whole grant is for education. w'- Commissioner Dawkins: No, it's not. Vice Mayor Plummer: Well, OK. Mayor Suarez: Well, we are creative if the state says to educate people, and we figure out that by using certain hardware, which hopefully ultimately, can also be used for the actual recycling that we educate people. You know, that's allowable under the guidelines, and I think it's intelligent use. of funds. But I have no problem with splitting up the grant of authority here )r _ the approval, as Commissioner Dawkins is suggesting, half is for the actual acquisition and the other half is for the educational program. Commissioner Dawkins: What it is, is Mr, Mayor and fellow Commissioners, you sent me to two recycling workshops. At the first one, I asked one simple` question. After you have taught my citizenry how to recycle, how do I continue the program? They explained to me that this was a demonstration project and you were getting money to educate the people on how to recycle, and ranee you educate them, it's your problem. I said, "Well, where will we get the money from?" They said, "That's your problem." The federal government will not put out one other penny, So I've been trying to tell my s administration, Mr. Mayor and fellow Commissioners, since we know that w@'Ve +.u- &Ann nnn _t_.ia u_ _-A 9., q o 0 our present system so that when it is dumped on us, we can integrate it into the system. But nobody seems to know, and I don't know what we're doing out there at the recy... I don't know why the compost is out there. I don't who is going to fund it. I don't know who's paying who is working out there Arid some other things. So that's why I need to know what they're going to do with the $300,0000 J.L.. I need to know that, because I can't tell you. I can't even tell you who's in charge of the educational... I don't even know how many people they got employed in the recycling. Twenty one? And all paid from the $600,000? Mr. Odio: No, sir, the general fund is paying that. We're beginning to pay that. That's why I've been saying that recycling has a cost to the City. Commissioner Dawkins: You see, then you're going to come back and tell me that you want to raise peoples' garbage fee, because you're not picking up their garbage... Mr. Odio: No, Commissioner... Commissioner Dawkins: ...but you didn't tell them that you'd raising their garbage fee because you're picking up the cost of other recycling people that the government mandated we hire, Mr. Manager. Mr. Odio: That's right. That's why I've been saying from day first that I have many concerns about recycling, and that it should be done in an... Vice Mayor Plummer: Question. Mr. Manager, what is the percentage of a local outfit has an advantage over an out -of -County advantage? Mayor Suarez: I think we said five percent in the ordinance. Mr. Odio: Ten percent. Vice Mayor Plummer: I think it's ten, isn't it? a Mr. Odio: Ten percent. Vice Mayor Plummer: Well, if, in fact, if we go to the ten percent, the low bidder is $48,000... Mr. Odio: Which one are you talking - oh. Vice Mayor Plummer: ...and the next bidder is $50,000, the next one locally is $51,000... Mr. Odio: Which bidder are you talking about, Commissioner? Vice Mayor Plummer: I'm talking about for the recycling collection trucks. Mr. Odio: Oh, well... Vice Mayor Plummer: It would seem like to me that the local outfit, if the ten percent is applied, is, in fact, the low bidder. We give an edge to a local bidder of ten percent. If I look at your facts here, the low bid was $48,000. The lowest bid from a local was $51,000, which is surely within the ten percent. Why isn't the low bid awarded to the local outfit? l Mayor Suarez: And we thought it had the force of an ordinance, so it would be legally mandated if that was the case. If your analysis is correct. Mr. Ron Williams: Commissioner Plummer, you're absolutely correct. Your {' ordinance says that that ten percent may be applied, but we have considered that application when the company or vendor is a City of Miami... within the l corporate limits of the City of Miami. Vice Mayor Plummer: Mr, Williams: Just the City, not the County, Just the City, as INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. a:> Mayor Suarez: Weil, Mr: Fernandez: The ordinance reads: "If the amount of a bid or proposal submitted by a vendor whose primary office is located in the City of Miami, is not more than ten percent in excess of the lowest..." and then it continues, "...it's Clearly City of Miami." Vice Mayor Plummer: OK, all right. I just... -_ Mayor Suarez: If any Commissioner wants to also give a preference to Dade County over the rest of the world, that could also be built into an ordinance. Commissioner Dawkins: I think I've said, and I don't know why I didn't get it in the ordinance. But I will say it for the record. I think, for this Commission local means the City of Miami. If you can't find it in the City of Miami, local becomes Dade County. 1 Mayor Suarez: Versus the rest of the world. Does that make it mathematically complicated for you to apply? Commissioner Dawkins: And if you can't find it in Dade County, local means Ft. Lauderdale. — Mayor Suarez: South Florida, at least. i Commissioner Dawkins: And South Florida. OK. Thank you, Mr. Mayor. Now, -- put that in the record for so next time you read it, I will read that way. Vice Mayor Plummer: Well, you're going to have to change the ordinance. Mayor Suarez: Well, we're going to need an ordinance back. We're going to need an ordinance back. Mr. Fernandez: Well, here you're dealing with the Charter. If you want to effectuate any changes in your Charter, you would need to go, of course, to referendum. Mayor Suarez: Charter? We did that through a Charter referendum before? Mr. Fernandez: Yes, that is Charter language. That local preference we have, we have in the Charter. Mayor Suarez- When was that approved by referendum? Mr. Fernandez: That was approved by referendum in 1987, I believe. Mayor Suarez: All right. Well, if any Commissioner wishes to go through that process, then, all right, it does seem a little bit convoluted and possibly expensive. OK... Commissioner Alonso: But, excuse me... Mayor Suarez: Yes, Commissioner. Commissioner Alonso: Then it's complicated enough that it does not express that what "local" means? -or if it is the City of Miami? - � Mayor Suarez: Yes, it does. Mr. Fernandez: It does, it says, City of Miami. = t Mayor Suarez: City of Miami. �. _A_ Fi z k It has to be only the ten percent to the City of Miami. 1 Mr, Fernandez: To the City of Miami, yes. Commissioner Alonso: OK. f t } Mayor Suarez: If any Commissioner, at any point thinks that we can come .up with a better system, we can put that forth and have it come back in the form of a referendum. Commissioner Alonso: Maybe we should look at that... Mayor Suarez: Yes, we shouldn't necessarily give up on that. Commissioner Alonso: ...in the future, because we should give any advantage to the people who are first, City of Miami... i Mayor Suarez: Then Dade and then South Florida. Commissioner Alonso: ...of course, and then Dade County, because it — reflects... it's beneficial for the citizens of Miami as well. Commissioner Dawkins: You know, Madam City Attorney... I mean, Madam Commissioner, we do not have to go to no referendum. We just tell the administration that's our policy. Commissioner Alonso: Well, he just... Mr. Fernandez: Not, when it's in direct contravention, your policy otherwise to provisions of the Charter. Now, what we can do is... Commissioner Dawkins: No, OK, hold it. Let me cut you off. I understand what you're saying, but nobody is understanding what I'm saying. I donot have to accept no bid that you bring up here that I don't think is low .and 1 responsive. Mr. Fernandez: That is correct. The City Commission always reserves unto itself the right to reject all bids. Vice Mayor Plummer: Yes, but you also have a terminology that we don't have to accept the lowest bid - the lowest and most responsible. Why can't we — interpret responsible meaning local? Commissioner Dawkins: That's what happens when you've been here 20 years. Go ahead.... Mr. Fernandez: We would look in the Code, sections of the Code that deal with this, and see whether by ordinance we can do effectuate that change in the �■ Code. Mayor Suarez. Give an additional preference to Dade County ,over the rest ,of the world and bring it back to us, would you? ■, Mr. Fernandez: Right, without tinkering with the Charter. { Commissioner Alonso: In other words, encourage them to move to Miami. r_ _A :s Vice Mayor Plummer: My responsibility is to the home folks. ® Commissioner. Alonso: That's right. Mayor Suarez: OK, one question on the actual trucks. Are these similar to h- i 3 the ones that we've had out there so far to do recycling? Mr. Williams: Mr. Mayor, similar to some of them. We recognise the concern Mr. Williams: That's right. —+ Mayor Suarez: Can I have - since I've gotten involved in this process .. a copy of your design specs on it before it goes out? Would you provide those to my office to be absolutely sure it's what I had in mind when I make the dritique of the system that was being used. I want to be absolutely sure the configuration makes sense. Because I've tried it out, and, you know, it didn't work with the existing trucks to throw the plastic bottles. You threw them on one side and came out the other. Mr. Williams: Most certainly, Mr. Mayor. We've also addressed that issue with a bit of training to try and work with the... Mayor Suarez: With? Mr. Williams: ...with a bit of training to try and work with the collectors to assist them in their.... Mayor Suarez: The configuration was a heck of a lot easier than the training that... Commissioner Alonso: Well, let me tell you something, and I'm sure you all are aware at that, we are having some problems with the recycling system. I don't know if you are receiving as many calls as I have. I have people coming to my door in the area where I live. The recycling has been behind. I have - discussed this with Ron Williams and with Carlos Smith several times in my office. We are behind. There have been times that over two weeks and no pickup took place and people come and let me know. Of course, it's obvious to me that I see the blue boxes everywhere, the blue baskets, and I have mine. _ And it's an exercise, put it out, inside, and again and again and out and maybe they will come today or perhaps I have better luck tomorrow. And _ definitely, there is great room for improvement and I hope that either we train our people better, improve the system somehow to go and pickup as close as possible to the date that they have. If not, many people are going to be - very frustrated. They will abandon the program or the City of Miami is going to look really very ugly, because it's not a very nice sight to see the, blue baskets full of containers and newspapers and the whole bit. Vice Mayor Plummer: Are these trucks going to be any quieter? I want to tell you something, when they take both of those sides and lift them up to the top... Mr. Williams: These will not be that type, Commissioner. Vice Mayor Plummer: OK. Mr. Williams: But, Commissioner... Commissioner Alonso: These trucks are different. Mr. Williams: Right. Commissioner Alonso, your office has been of great assistance in identifying those problems, and they were operational in nature and we think that we've gotten a hold of that at this point and are monitoring closely. Thank you very much. Mayor Suarez: OK, on the item, read the ordinance, please. Call the roll. } AN EMERGENCY ORDINANCE, WITH ATTACHMENT, ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE' REDUCTION: RECYCLING AND EDUCATION (FY 191)"; APPROPRIATING FUNDS THEREFOR IN ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATUTES, IN THE AMOUNT OF F. $600,000, CONSISTING OF A RECYCLING PROGRAM GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, IN ACCORDANCE WITH THE STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17--716 AND SECTION 403,7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Z p AN ORDINANCE ENTITLED - fAILS } F Was introduced by Commissioner Plummer and seconded by Commissioner ire Y'urre, 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: _ T_ AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded -Al by Commissioner De Yurre, adopted said ordinance by the following votes AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. i � 1 ABSENT: None. l SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10837. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Dawkins: Mr. Mayor, before we go any further, I'd like to take a special privilege to bring the newly elected president of SEA to the mike 'and - i° ask him if he's familiar with what just happened and if he's got any input? Mayor Suarez: Give us your name so we all get more and more familiar with it. Commissioner Dawkins: Lane. Mayor Suarez: Lane? Mr. Andrew Lane: My name is Andrew Lane and I'm the... Commissioner Dawkins: Your address, Mr. Lane, please. Mr..Lane: 240 N.W. 58th Street. — Vice Mayor Plummer: I don't know a thing about it. Commissioner Dawkins: OK, go right ahead, sir. Mr. Lane:. You asked me did I know, you know, what was going on. Tor the Commission, you know we need to keep those, you know, those jobs for the recycle, you :know, because it help us out with our... you, know, with our .. ladies that we have working there, you know, they can do the recycle and they rF don't have to lift them heavy barrela. And also that a certain percentage of the recycle go to the education fund or the employee, And we need those jobs a,,.d we .need the education fund to educate your average employee, I mean their f children. Commissioner Dawkins: OK, thank you, sir.. And I can see that you are , familiar because they have schooled you and told you what to say, Thank you, ' �. Mr. Williams: Working together. Commissioner Dawkins: Working together, huh, Mr. Williams? Mayor Suarszx Working together, unions and this administration$ all right: Item 7} y r 7 F 1991 Mr. Fernandez: Excuse me, I thought Commissioner Dawkins has a companion item to item number 6. ' Mayor Suarez: Well, I thought he expressed... Commissioner Dawkins: But they've worded it the way we want it to read, I think. It says. j "A resolution approving the purchase of five (5) recycling collection vehicles under the bid ... from Municipal Sales and Leasing, Inc. for the Department of Environmental Services...in an amount not to exceed $244,625.00; allocating funds therefor -`' from the Solid Waste Reduction Recycling and Education Special Revenue Grant fund; which shall be subject to the Commission '€ approval. of the necessary appropriations ordinance; authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order for this equipment subject to the availability of funds." But you did not say, not to spend one penny of the other money. You didn't say that. Vice Mayor Plummer: You said it. Commissioner Dawkins: Yes, I know it. But they was supposed to be IE bringing... All right, bring this back this afternoon with that wording. i Mr. Fernandez: All righty. -------------------------------------------------------------------------- 18. SECOND READING ORDINANCE: AMEND 6145 (WHICH ESTABLISHED FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES) - ADD NON-REFUNDABLE ANNUAL FEE FOR ONGOING UPDATING OF CONTRACTOR DOCUMENTATION STATUS WITH BUILDING AND ZONING DEPARTMENT. ----- ---------------------------------------------------------------------- Mayor Suarez: OK, item 7. Vice Mayor -Plummer; Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. — Mayor Suarez: I see our County Commissioner once again here and once again _ leaving. I presume we've taken care .of what your additional concerns may be. Vice Mayor Plummer; No, Humberto showed up, so he's got to leave. Mayor Suarez; Very well escorted. All right, call the roll. j. AN ORDINANCE -' AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145, ADOPTED MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHED FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES, BY ADDING A NON-REFUNDABLE ANNUAL FEE FOR ONGOING UPDATING OF CONTRACTORS DOCUMENTATION STATUS WITH THE BUILDING AND ZONING DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ii Passed on itg first reading by title at the meeting of January 10, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10838. 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. 19. SECOND READING ORDINANCE: CLARIFY CODE CONCERNING EXPENSES AND FEES TO BE BORNE BY APPLICANT REQUESTING STREET CODESIGNATION, MARKER DESIGNATION OR PLAZA DESIGNATION - CORRECT SCRIVENER'S ERROR IN SECTION 54-90 - AMEND 54-92 AND 54-93 - REPEAL 54-94, ------------------------------------------------------------------------------ Mayor Suarez: Item 8,... Vice Mayor Plummer: Move it. Mayor Suarez: ...clarifying City Code in regards to expenses and fees, street _ co -designations, et cetera. So moved. Vice Mayor Plummer: You seconded it before. Commissioner Alonso: Yes, I might as well. I have some... Mayor Suarez: Searching for a second here. Commissioner Alonso: Yes, yes, I second it. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll, AN ORDINANCE - AN ORDINANCE CLARIFYING THE CITY CODE IN REGARD TO EXPENSES AND FEES TO BE BORNE BY THE APPLICANT REQUESTING A STREET CODESIGNATION, A MARKER j DESIGNATION OR A PLAZA DESIGNATION; FURTHER CORRECTING_ A SCRIVENERIS ERROR IN CODE SECTION 54-90, AMENDING tt` SECTIONS 54-90, 54-92, 54-93 AND REPEALING SECTION 54- 94 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS R� AMENDED; CONTAINING A REPEALER PROVISION AND A� SEVERABILITY CLAUSE. ";w P! AYES., Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10839. 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. -..._---------------------..... -------.---...---..-- --- ---...r..-..-----..-----....-......-.r-..��.� [i 20. (A) BRIEF COMMENTS CONCERNING NECESSITY OF REORGANIZING COCONUT GROVE STANDING FESTIVAL COMMITTEE (See label 51). (B) SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: COCONUT GROVE SPECIAL EVENTS DISTRICT FUND - APPROPRIATE FUNDS FROM MONIES RECEIVED OR TO BE RECEIVED FROM ESTABLISHMENT OF COCONUT GROVE SPECIAL SUPPLEMENTARY FEE (Ordinance 10764). ------------------------------------------------------------------------------ Mayon Suarez: Item 9. Vice. Mayor Plummer: Mr. Mayor, I'm going to move item 9, but I have to bring to the Commission's attention that a committee of five is now a committee of two. I think two of the members have withdrawn their names, and one of them hasn't shown up. So I would beg the Commission - I don't even know whose appointments they were and that's not of interest to me - but I would.hope _ that the community development leader here would get the committee reorganized so that, in fact, these funds can be recommended to be spent to this Commission. Mayor Suarez: I wouldn't be embarrassed to find out that my appointee was not attending.-- I mean, who? -can you tell us? Mr. .Frank Castaneda: No, your appointment is attending. Victor De Yurre's appointment, Emilio Calleja, resigned and he has an item today to, replace them, and Commissioner Dawkins' appointment has not gone to the last two meetings and his phone has been disconnected. Vice Mayor Plummer: Well, my understanding from my representative to that committee is, the last two meetings have had to been cancelledbecausethey only had two out of the five there. So, you know, it's nice to have these funds and: they only recommend to us how it should be spent, but if they can't even get a quorum, then I think there's a problem that they're never going to be ,able to make a recommendation. Commissioner Alonso; Yes, but we should be notified if our appointment is not attending or something is wrong so we are aware of it. Mayor Suarez: Who was it? Commissioner Alonso; We have... who's my appointment? Mayor Suarez: Who are the appointments? Mr. Castaneda; Ted Stahl, and he has been there, Commissioner.Dawkins; Who? Mr. Castaneda: Ted Stahl. is Commissioner Alonso's... Ksyor Suaress TO Stahl. is Commissioner Al.onso'a. Who is icommiosioper, D4Vk4n1F', no that hs oan maybe can begin to think of another name and; ws 9a4 oet thix. , i, A t 40 y ] At ■I* t t1 R' Mr. Castaneda: Twyman Bentley. Commissioner bawkines Who? Mr. Castaneda: Twyman Bentley. Mayor Suarez: is that Helen Bentley's... Commissioner Dawkinst Helen Bentley? Mr. Castaneda: Twyman Bentley. — Commissioner Dawkinst All right, that ain't no problem. I'll have you one by 5:00 o'clock this afternoon. Mayor Suarez: And Commissioner De Yurre is going to be replacing Emilio. ' Mr. Castaneda: Right. Commissioner Alonso: Mine too. 1 Mayor Suarez: All right. Mr. Castaneda: No, yours is attending. Commissioner Alonso: Is attending? Mr. Castaneda: Yes, yes. Commissioner Alonso: So no problem. Mr. Castaneda: No problem. Commissioner Alonso: OK, fine. I was very surprised to hear that. The way we understood it, he... Vice Mayor Plummer: Tad Stahl, he's the major domo. Mayor Suarez: Ted not attending? Are you kidding me? He probably starts the _ meeting, he probably ends the meeting, he probably runs the meeting. Commissioner Alonso: I was very surprised to hear that. OK, so yes. Mayor Suarez: All right, as to item 9... Vice Mayor Plummer: I move item 9. Mayor Suarez: Moved and I think it was seconded, Madam City Clerk? No? Commissioner Alonso: OK, second. Thank you. Mayor Suarez: Yes. Any discussion? If not, please read the ordinance. Call the roll. f AN ORDINANCE 4' AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND I: ENTITLED: "COCONUT GROVE SPECIAL EVENTS DISTRICT FUND" ' AND APPROPRIATING FUNDS IN THE AMOUNT OF TWENTY EIGHT THOUSAND ($28,000) DOLLARS CONSISTING OF MONIES RECEIVED OR TO BE RECEIVED RELATIVE TO THE f; ESTABLISHMENT OF THE COCONUT GROVE SPECIAL EVENTS; g SUPPLEMENTARY FEE (ORDINANCE NO. 10764); PROVIDING FOR FURTHER APPROPRIATIONS AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of ,January 10, 1991� was taken up for its second and final reading by title and adoption. on motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance— was thereupon given its second and final reading by title and passed ,and _ adopted by the following votes k l k _ x Yww ii4 _- 77 f, AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Mummer, Jr. Mayor Xavier L. Suarez NI'Es : None, ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10840. 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. — ---------------------------------------------------------------------------- 21. SECOND READING ORDINANCE: AMEND CODE SECTION 54-17 - AUTHORIZE ERECTION OF A FENCE ACROSS NATOMA STREET, TA-LU-GA DRIVE AND ALATKA STREET AT _ INTERSECTION WITH SOUTH DIXIE HIGHWAY. ------------------------------------------------------------------------------ Mayor Suarez: I move item 10 with one amendment that we made before, that if the neighborhood wishes to, in fact, erect a permanent wall and they're willing to pay for it, that this Commission agree to it. So, with that proviso or amendment, I move item 10. Commissioner Dawkins: Who will provide the insurance for liability for the wall? Vice Mayor Plummer: The City. As is standard in any intersection. Commissioner Dawkins: Not a wall - but, yes, but not a wall. Not if you're _ going to put a wall that I can run into, then I'm going to be liable? Vice Mayor Plummer: It's not going to happen, so don't worry about it. They're going to go with a picket fence. i Dr. Luis Prieto: Commissioner, you have a good point. May I say that an alternative to them is we could vacate the street and they could pick up the property for themselves. That way, that point would remain mute. Commissioner Dawkins: All right, now, see that's why we hire him. Mayor Suarez: Moot. {{ fi Mr. Prieto: I'm sorry. Vice Mayor Plummer: Fine. 1 Commissioner Dawkins: OK. Vice Mayor Plummer: I move the item. i Mayor Suarez: Could be mute too, but... all right... zz� Commissioner Dawkins: Did second it? I second., Mayor Suarez: All right, read the ordinance please, Mr. City Attorney. Call the roll. f, AN ORDINANCE - AN ORDINANCEAMENDING SECTION 54-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO THEREBY PLACE AND ERECT A FENCE ACROSS NATOMA STREET, TA-LU-GA DRIVE AND ALATKA STREET AT THEIR INTERSECTION WITH SOUTH DIXIE HIGHWAY FOR THE ENHANCEMENT OF PUBLIC SAFETY, CONTAINING A REPEALER PROVI:,ION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of January 10, 1991 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10841. 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. ------------------------------------------------------------------------------ 22. BRIEF _COMMENTS CONCERNING RECENT SHOOTING OF PARKED POLICE DECOY VEHICLES. ------------------------------------------------------------------------------ Vice Mayor Plummer: Would you like to hear, Mr. Mayor, the most ridiculous thing that happened in the last two days? Commissioner Dawkins: No, we wouldn't. Vice Mayor Plummer: The City of Miami has placed five decoy police cars that you're aware of. Yesterday, all five of them had their windows shot out. Mayor Suarez: Oh, my Lord! Vice Mayor Plummer: I mean, it's getting ridiculous out there. Mayor Suarez: Are we just setting up a... Vice Mayor Plummer: Strawberry investigation? Mayor Suarez: No, I mean on item 10, a barricade here? Is that... Vice Mayor Plummer: We did ten. Mr. Jorge Fernandez: Item 10 just passed. 51 23. SECOND READING ORDINANCE: AMEND 10194 TO FORMALIZE CITY COMMISSION ACTIONS AND TO IMPLEMENT AMENDATORY CHANGES. -------------------------..__------------------------------------------------ Mayor Suarez: Item 11. Vice Mayor Plummer: Move it. Mayor Suarez: Annual appropriations... Commissioner Alonso: Second. Mayor Suarez: .,.ordinance, Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTIONS 1, 2, 4 AND 6 OF ORDINANCE NO. 10794, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, FOR THE PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING OTHER AMENDATORY CHANGES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 10, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and — adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. _ Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10842. 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. 24.; SECOND READING ORDINANCE: AMEND CODE SECTION 2-422 (INTERNATIONAL TRADE BOARD) - ADD FIVE NEW REGULAR AND FIVE NEW ALTERNATE MEMBERS - MODIFY QUORUM REQUIREMENT AND NUMBER OF VOTES REQUIRED FOR BOARD ACTION. ------------------------------------------------------------------ ---- Mayor Suarez: Item 12. Vice Mayor Plummer: Item 12, I move. Mayor Suarez: Second reading. Moved.. -rr Vice Mayor Plummer; De Yurre seconded it before.' THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC `= RECORD, BY TITLE ONLY. Mayer Suarers That's the most creative second ever in the history of Miami, you refer to the second at the last meeting. The Commissioner In question, laoko puzzled# doesn't know what the item is about, but it Sets reflected oa.a z . second. That's close enough. *� 5 P'niaary i�r .i9 NVAP��� L-1 7 Vice Mayor Plummer: Let me remind the members of this Commission that the five that have been serving as alternates will be invited to be the regular members, and five new appointees that we will name will be the new alternate members. Mayor Suarers Will be invited to be alternates. All right. 71 Commissioner Dawkins: .lust a minute. Hold it, hold it, hold it. Does not this Commission get the right to appoint somebody? Mayor Suarers We did. Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: Huh? Vice Mayor Plummer: Yes, sir. Mayor Suarez: We did. Vice Mayor Plummer: What we're suggesting, the five alternate members who were appointed one by each Commissioner, who have been serving, who are interested, have the opportunity to be full fledged members... Mayor Suarers He's doing a rotation with new alternates. Vice Mayor Plummer: ...and that the new five that each one of us will name one, will be the alternate member. Commissioner Dawkins: All right, who's the alternate for Miller Dawkins? Vice. Mayor Plummer: I can't answer that right now. I'll get you that answer... Mayor Suarez: Is that part of this ordinance? Vice Mayor Plummer: No, sir. Mayor Suarez: All right. Vice -Mayor Plummer: Wall, it is part of this ordinance that that was to be proposed, yes, sir. Commissioner Dawkins: All right, well I'll have to... Mayor Suarez: Yes, the ones who have been serving as alternates are given the option of becoming permanent and the new ones are alternates so that they have a little bit of an apprenticeship there. Vice Mayor Plummer: Junior members becomes senior. Commissioner Dawkins: OK, well I'll have" to wait... I mean, go... I move it with the subject of my being permitted to... Mayor Suarez: Switch your alternate and permanent around. Commissioner Dawkins: Right, switch either way I want it. Mayor Suarez: No problem with that. All right, moved and seconded with that proviso, and any other Commissioner that may want to make that switch 3s entitled to it also? Vice Mayor Plummer: Yes, air. iKr Mayor Suarez: Call the roll. Or, read the ordinance. Mr. Jorge Fernandez: The ordinance has been read, y 53 TeUma y 14i 99t' i.: � AN ORDINANCE - AN ORDINANCE AMENDING SECTION 2-422 OF THE CODE OF THE CITY OF MIAMI, FLORIDA$ AS AMENDED, CONCERNING THE INTERNATIONAL TRADE BOARD, BY ADDING FIVE (5) NEW REGULAR MEMBERS AND FIVE (5) NEW ALTERNATE MEMBERS; MODIFYING THE QUORUM REQUIREMENT AND THE NUMBER OF VOTES REQUIRED FOR BOARD ACTION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 10, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10843. 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. ------------------------------------------------------------------------- 25. FIRST READING ORDINANCE: AMEND CODE SECTIONS 54-109, 54-110, 54-111, 54- 112 AND 54-114 -- REDEFINE CAFE ZONES - PROVIDE AUTHORITY TO WAIVE SIDEWALK CAFE PERMIT FEE - CLARIFY PERMIT APPLICATION FORM - ESTABLISH CRITERIA FOR PERMIT APPLICATION REVIEW. -------------------------------------------- --------------------------------- Mayor Suarez: Item 13. Vice Mayor Plummer: Move it. Mayor Suarez: Moved. Seconded. ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO STREETS AND SIDEWALKS AND SIDEWALK CAFES; AMENDING SECTIONS OF 54-109, 54-110, 54-111, 54-112 AND 54-114 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REDEFINING "CAFE ZONES"; PROVIDING AUTHORITY TO WAIVE SIDEWALK CAFE PERMIT FEE; CLARIFYING PERMIT APPLICATION FORM; ESTABLISHING CRITERIA FOR PERMIT APPLICATION REVIEW; AND CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EPI:'ECTIVE DATE. 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 be Yurre: Question, Mr, Mayor. Mayor Suaree: Yes? Commissioner be Yurre: How do we determine the rental fees on these different areas? How do we do that? Dr. Luis Prieto: We're not addressing that here... Commissioner De Yurre: I know that, but how does... Mr. Prieto: We're now studying it. We feel that $20 a square foot is a horrible price for, especially target areas, so we're studying and we're considering some sort of factor of what it costs the City to inspect it and the actual... only administrative costs. Commissioner De Yurre: OR. Thank you. Mayor Suarez: The general thrust of your answer is that for target areas, areas that we want to promote this, happening areas that we want to develop, areasthathave been possibly deteriorating, we'll try to make the lowest possible fee. Is that the general... Mr. Prieto: Absolutely, Mr. Mayor. Mayor Suarez: OR, I hear you. _ Commissioner Alonso: And also, I'd like to say, Dr. Prieto, some people are getting to be very enthusiastic with the idea... Mr. Prieto: Yes. Commissioner Alonso: ...in a way that it's not necessarily the best for the e City of Miami... Mayor Suarez: The anticipated... e Commissioner Alonso: ...and we have to keep an eye on those locations as to remind them that we have a process, and it's not necessarily you just put any kind of table and two chairs and you have a sidewalk cafe. Mr. Prieto: You're right. It's a dangerous potential situation. I agree. Commissioner Alonso: Yes, OR. Mr. Prieto; Thank you. Commissioner Alonso: Thank you. 26. REAFFIRM AND RATIFY EXECUTION OF PURCHASE AND SALE AGREEMENT PLUS CONVEYANCE OF CITY -OWNED OVERTOWN SITES TO ST. JOHN COMMUNITY r DEVELOPMENT CORPORATION CONCERNING CONSTRUCTION AND DEVELOPMENT OF AN AFFORDABLE RENTAL HOUSING PROJECT (35 UNITS) IN OVERTOWN. --------------------------------------------------------------- Mayor Suarez: Item 14. r Commissioner Alonso: Move. Mayor Suarez: Moved. _ a Commissioner Dawkins: 'Under discussion. What, Mr. Davis, somebody - brother Davis, I need you up here. What is the time frame, Mr. Hepburn, for the completion of this? Mr. Jeff Hepburn: I think based on the current development schedule, they are currently working on working drawings and final drawings, and based on the completion of those items, I think they're talking about construction starting sometime in April or May. { Commissioner Dawkinst What is the completion date expected of this, Mr. Hepburn? Mr. Hepburnt I think it's a ten month construction... Mr. David Days: Ten month project. It's proposed to be a ten month project. So, somewhere around February. Commissioner Dawkins: Ten months. I will approve this... I mean, add to this that they have 18 months with which to complete this. In the event they do not complete it, the land reverts back to the City. Mayor Suarez: Is that 18 months from today or 18 months from what date? -from - the commencement? Commissioner Dawkins: Eighteen days from the day that they close on the property. Mayor Suarez: Eighteen months from the day that the property actually becomes — theirs, or if they close, or some other formality of that sort is... OR, so moved with that proviso. Commissioner Alonso: Yes. Mayor Suarez: And it's been seconded and the movant, Commissioner Alonso, accepts the proviso? Commissioner Alonso: Yes, I do. Mayor Suarez: Call the roll. I • The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-122 A RESOLUTION, WITH ATTACHMENT(S), RELATING TO THE DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT IN THE OVERTOWN NEIGHBORHOOD, RATIFYING APPROVING AND REAFFIRMING MOTION NO. 88-1069, WHEREBY THE CITY COMMISSION APPROVED IN PRINCIPLE AN AMOUNT OF $40,000 AS THE PRICE TO BE PAID BY ST. JOHN COMMUNITY DEVELOPMENT CORPORATION FOR THE ACQUISITION OF CITY - OWNED PARCELS KNOWN AS SITES 10 AND 11 LOCATED IN THE OVERTOWN NEIGHBORHOOD IN CONNECTION WITH THE CONSTRUCTION OF A 35 UNIT RENTAL HOUSING PROJECT; FURTHER RATIFYING, APPROVING AND REAFFIRMING THE CITY MANAGER'S EXECUTION OF THE PURCHASE AND SALE AGREEMENT AND CONVEYANCE OF CITY -OWNED SITES 10 AND 11 LOCATED IN THE OVERTOWN NEIGHBORHOOD TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION FOR THE DEVELOPMENT OF THE AFOREMENTIONED HOUSING PROJECT, SUBJECT TO CERTAIN _ TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED } MEMORANDUM OF AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT DATED DECEMBER 21, 1990, BETWEEN THE CITY AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION BY (1) INCORPORATING THE REQUIREMENTS FOR COMPETITIVE SELECTION FOR THE GENERAL CONTRACTING FIRM TO CONSTRUCT THE PROJECT IN COMPLIANCE WITH THE FEDERAL LABOR STANDARDS PROVISIONS OF THE DAVIS-BACON ACT IN CONNECTION WITH THE CONSTRUCTION OF THE PROPOSED HOUSING PROJECT AND (2) REQUIRING THE ST. JOHN COMMUNITY DEVELOPMENT CORPORATION TO COMPLETE CONSTRUCTION OF THE RENTAL HOUSING PROJECT WITHIN EIGHTEEN (18) MONTHS OF THE DATE OF THE CONVEYANCE OF THE CITY -OWNED PARCELS TO SAID CORPORATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Y Upon being seconded by Commissioner Dawkins, the resolution was passed e and adopted by the following vote: A AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. t i s t 57 February 14, 1994 r 27. AUTHORIZE DISBURSEMENT OF FUNDS ($288,640), AS A GRANT (IF FEDERALLY APPROVED) TO ASSIST FLORIDA HOUSING COOPERATIVE, INC., FOR THE ACQUISITION OF VACANT LAND AT 1025 W. FLAGLER STREET, IN LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA, FOR DEVELOPMENT OF A COOPERATIVE HOUSING PROJECT AFFORDABLE TO LOW AND MODERATE INCOME FACILITIES. Mayor Suarez: Item fifteen. Commissioner Alonso: Move. Mayor Suarez: Item fifteen, right? Vice Mayor Plummer: Second. Mayor Suarez: Subject to federal approved, the grant for Florida Housing Cooperative. Moved and seconded. Any discussion? Commissioner Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I can't let them have land for three years and do nothing with it for three years. I put the same stipulation, 18 months. Mayor Suarez: Eighteen months. Commissioner Dawkins: I'd like to know from them, we're giving $300,000. Is that the total amount of money that they're going to have to get from us and they.can do the project? -or what else do they... Mayor Suarez: It seems like there's a condition here of federal assistance, and that's a good point because how are we going to tie the 18 months? How do you propose to do it, Jeff? Commissioner wants to know that this thing will — happen or not happen within 18 months of our understanding that, it's got everything in place that they should be getting from us or anywhere else. How do you propose that we make that condition... Commissioner De Yurre: Well, isn't there a contract already in place? -and that's what this money is being used for. Mr. Odio: There is a reverter. Mr. Hepburn: Yes, this contract, it's essentially for the acquisition, the purchase of the property. Commissioner De Yurre: OK, so this money is going to be used to acquire the property. Mr. Hepburn: To acquire the land, correct. Mr. Odio: If they don't build within three years, the property reverts back to the City. Commissioner Dawkins: OK, no. Three years? Mr. Odio: That's what we have now. Commissioner Dawkins: No, 18 months. Mr. Odio: Fine, change it to 18 months. Vice Mayor Plummer: Let me ask a question. what's there presently? 1r, Hepburn: The three sites are currently vacant. There is nothing: Vice 144yor Mummer: Is that the old taxicab property? Mr. Hepburnt I'm not sure. I'm not sure. Vice Mayor Plummer: What kind of housing are you going to be building there? Mr. Hepburnt They're proposing to build forty condo units. I'm sorry... Vice Mebor plummert Forty? Mr. Hepburn: ...cooperative units. Forty units. They may the zoning! Currently allows the 40 units. 4 Vice Mayor Plummer: Well, the only question, I guess I really have, is that Flagler Street property conducive for housing? 6 Commissioner Dawkinst No, it's a commercial strip. Vice Mayor Plummer: It's all commercial. t Commissioner De Yurre: Yes, can't you have any commercial downstairs and build up top? Mr. Hepburnt The site goes from West Flagler to N.W. 1st Street. j i Vice Mayor Plummert I understand that, but you know, Flagler Street _ traditionally is commercial all the way out. I'm just wondering if, in fact, that is conducive to good housing. I mean, you know, even though it's affordable, and they do a good job, I'm questioning the location being on Flagler Street. Mr. Hepburn: Well, they have discussed somewhat about perhaps taking a look = at doing some kind of mixed use project also. Which would involve, perhaps, some commercial. But that's very preliminary at this point. Commissioner De Yurre: Well, it would seem to be more appropriate certainly for that area, to have some store for rent activity downstairs. Commissioner Dawkins: Well, mixed use, you'd have to give them 24 months. Eighteen months is just impossible. So I would say 24... I would say that — they would have to, you know, comply in 24 months, if we're talking about mixed use. Mr. Hepburn: Yes, they have to go out and identify a number of, financing sources, such as surtax and perhaps some federal dollars and some private o financing. So they have their work cut out for them. Commissioner De Yurre: And so, you have a motion, what? -for 24 months? Commissioner Alonso: Twenty -four -months - yes - 24 month from the date of ; closing? Commissioner Dawkins: That they close. Yes, ma'am: Mayor Suarez: OK. _ z Commissioner De Yurre: With an indication from the Commission to 'build something along the lines of mixed use, which would be more appropriate:`for the area. s€ Commissioner Alonso: Yes. „rt+ Mayor Suarez: Is that all in the form of provisos to the motion Commissioner De Yurre: Yes. Mayor Suarez: Accepted by the movant and accepted by the seconding? Vice Mayor Plummer; .Yea. Commissioner Alonso: I do... I'd like to hear if something they'd.dike to aay#> Mr. 0eorge Lopez: You, I would like to answer. My name is George Lopez. �4 y .1 ,mod -_ 0 Mayor Suarers Give a name and address first. Mr. Lopers My name is George Lopez, I'm an architect, and I've been doing some preliminary studies. Mayor Suarez: Give us an address so that we can have it in the record, please. Mr. Lopez: One forty-seven thirty-one S.W. 160th Street. I have been doing some studying on this site personally, and we have been looking at a couple of options. We can have a mixed use project, or we can just go housing. I agree with the fact that Flagler has a lot of commercial, but if you really look at Flagler from its beginning to its end, you will see that most of it is apartment buildings. The only area that is really dense, in terms of commercial, its just that portion. But if you go just past 12th Avenue, you see that it's a lot of apartments in that area. Vice Mayor Plummer: Sir, are you forgetting I had a funeral home at 13th Avenue. I mean, don't... Mr. Lopez: I remember. Vice Mayor Plummer: ...don't describe the area to me. I'll give you the full location. Mr. Lopez: I understand, but I'm saying, as you drive through Flagler, you know, from its beginning to its end, there is a lot of apartments. Commissioner De Yurre: But, it's all mixed use kind of thing. You got storefronts downstairs, you know, storefront, then you got apartments. Mr. Lopez: That's what we're looking at. Commissioner De Yurre: That's what we're talking about. Mr. Lopez: That's what we're looking at, but we still haven't gut it into that stage. Commissioner Dawkins: I share J.L. Plummer's concerns. Commissioner Alonso: I do too. Commissioner Dawkins: The reason I share his concerns is, I did not get this kind of cooperation on 7th Avenue. OK? Once you put commercial - I mean _ residential property in a commercial strip, you lose your commercial and it's no longer an artery of commercial, it becomes residential. That's my only concern. Now, they did it to me on 7th Avenue. I had to fight with my fellow Commissioners to keep from doing it on 17th Avenue, to keep from taking it from commercial to make it residential. And 36th Street, I intend to stay here and fight as long as I can to make sure that 36th Street remains a commercial corridor. So I think all J.L. Plummer is saying is that, if we take Flagler and become commercial, then the only,.. I mean, residential... - then.the only commercial strips in there is going to be S.W. 8th Street. Mr. Lopez: Well, our property goes from Flagler to 1st Street, so, you know,;; our apartments could face... Commissioner Dawkins: But you see - but hold it, hold it - let me cut you off. You're only concerned about your project, which is right. And I agree with you. I mean, wholeheartedly. But, as a Commissioner, I have to be.. considered with all of Flagler Street.: Mayor Suarez: You're not... Mr. Lopez: We have no problem going mixed use. As a matter of fact, we'll probably go mixed use. Mayor Suarez: You're not abutting... the project itself is not abutting on Flagler? I mean, it basically goes down Flagler to 1st? rs1 Mr. Lopez: The property goes from Flagler to lot Street. Nov, we have not gotten into preliminary drawings, because we don't have the land yet. But, we have discussed with some of the City people that will go mixed use. Mayon Suarez: I think we have an idea that the part that abuts Flagler racy make sense for commercial at the ground floor. i think that's what the Commissioner is talking about. Mr. Lopez: That's probably the way we're going to go. i' is Mayon Suarez: Yes, anything that doesn't front on Flagler, don't put commercial. I think we'd be running afoul of our zoning laws which only would allow probably the first lot right on Flagler to be commercial anyhow. Mr. Lopez: No, we're going to go mixed use. It's just that we haven't done - numbers for mixed use at this point. i Commissioner Alonso: Yes, but you have in mind that it's going to be mixed use... i Mr. Lopez: Yes. Commissioner Alonso: ...commercial, and residential. i ; ;i Mr. Lopezi Yes, both. Commissioner Alonso: So, I don't think there is any problem. That's exactly I what this Commission is saying and we have no problems. Vice Mayor Plummer: If that's what it is. Mr. Lopez: That was my point. Maybe I made my point too confusing, but we're going to go mixed use. — Commissioner Alonso: So everything is, you know... we are saying exactly the same thing. Mr. Lopez: Right. - - Mayor Suarez: All right. Anything further? If not, please call the roll on the... —� Commissioner Dawkins: Hold it... Mayor Suarez: No? Commissioner Dawkins: Are you coming back for more money from this Commission? j Mr. Lopez: No. We're going to get more funding from the state... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Mr. Lopez: ...yes, and the Ford Foundation. We're going to go to the state and also to some private entities to get more funding. =; ¢- Commissioner Alonso: We approve $300,000 CDBG funds, and that's all the money ' they are going to get.; Mr. Lopez: That's all we need. Commissioner Alonso: Yes.' Commissioner Dawkins: OK, but, you know, I hear you, see, but when I see here 17th year Florida Housing Cooperative, $50,000. I don't know how they,got`in here. But this is a recommendation from Frank Castaneda. No, no,,I pulled- that, Commissioner Alonso: Oh. Commissioner Dawkins, OK? So I just need to know. Frank. Sae, because I don't heed for them to be coming up here next year, you know, and we resumed that thie, and then Frank told them.... 4l F+�k�a�+#, 91 �i Commissioner Alonsos I don't know what is he talking about? Maybe it's a different project. Yes. Commissioner Dawkins: ...and then you and I we're in a box because we don't know what they said. Yes, sir?` Mr. Frank Castaneda: Yes, Commissioner, they have made a request for $300,000 for next year. Commissioner Dawkins: Next year or this year? Mr. Castaneda: Additional. Commissioner Dawkins: All right, they made a... OK, we give.... Commissioner Alonso: For this project? Mr. Castaneda: No. No. Commissioner Alonso: No. Commissioner Dawkins: OK, we're giving them $300,000 now, and wait a minute no, hold it, hold it. We're giving them... you all get together. All right, they got $300,000 from 16th year funds. ' Mr. Castaneda: That is correct, Commissioner. Commissioner Dawkins: And they're requesting $300,000 from 17th year funds. Mr. Castaneda: That is correct, Commissioner. Commissioner Dawkins: And what's your recommendation? _ Unidentified Speakers For another project. Mr. Hepburn: We've rejected that request for three hundred thousand... — Commissioner Dawkins: All right, OK, fine. s - Mr. Hepburn: ...however... Commissioner Dawkins: No problem. But however, what? Mr.- Hepburn.. We have recommended. some monies for predevelopment work for — architectural drawings. Commissioner Dawkins: Why? Why? Hr.-Hepburn: Essentially, to help move this project forward. _ Commissioner Dawkins: You see, you place us in a position we don't need to be in. OK? We pay you to sit down with these people and find out that they need $350,000. So, if they need three hundred and fifty... dollars, that should . have been your recommendation of $350,000 that we give it to.. them. Now next year, somebody else come up here and we give them fifty thousand, and then uz somebody else wants fifty thousand and somebody else wants fifty thousand, and we don't have the money and then, we're locked in because they:go out onyour promise of $50,000 and we're in a box. :. Commissioner Alonso: Are we talking about the same project, or something new? Commissioner Dawkins: I don't know. Mr. Hepburn: For neat year. Commissioner Dawkins: To do what? Commissioner Alonso: But not for this project that we are talking about. Is its Mr. Hepburn: It involves some administrative funding, requests for - administrative support, and that sort of stuff. Ms. Lisette 'Rodriguez: Basically, we're asking for that money for administrative support and to start other projects. Not for this particular project. II Commissioner Alonso: Not for this project, so it has nothing to do with this. It's something new that we will take into account at the given time, and it has nothing to do with this. j Ms. Rodriguez: Yes. So, if there is any amount of confusion... Commissioner Alonso: And the we say yes or no, and it's something different. Ms. Rodriguez: If there's any amount of confusion, which is for this project, you know, we withdraw that if, you know, the things... Commissioner Dawkins: Well, withdraw it then. I could do something else with the three hundred... Ms. Rodriguez: OK. - Commissioner Dawkins: Look, don't play God, OK? Because I can do a lot with $300,000. Now, if you don't want it, say you don't want it. But we want you to have it. — Ms. Rodriguez: But we do want. We want the $300,000. What I'm saying is, we don't... Commissioner Dawkins: All right, well don't stand up there and tell me I could with... don't stand up there and tell me I can withdraw it now! - a Ms. Rodriguez: ...for the 17th year, we're not asking for the $300,000 for the same project. Mayor Suarez: Well, I'll tell you -what. If the other $300,000 is from the next year's CDBG monies, I don't think that's probably a wise application as to my vote, in any event. But... Ms. Rodriguez: OK, well... _ Commissioner Dawkins: It cannot be, because'J.L. Plummer told Father Barry and his group... Mayor Suarez: Sure. Commissioner Dawkins: ...when I earmarked money out of 17th year..., say, "Hey, get in line." Now, that's what J.L. Plummer told.... Mayor Suarez: We've got tons of priorities for the CDBG monies, and we're< going to hold you to a test of doing this project, and when you finish it,: come back - at least my myself, for my vote. S. Ms. Rodriguez: OK? r: Commissioner Dawkins: Your track record indicates that you have bean 4; productive and you've performed. We have no problems with the $300,000, .OK? We figured it, but - and we also know that you have enough track record that if it gets to the point that you can't do it for $300,000, you'll come back and tell us, "Hey, we can't do the project," < Mayor Suarez: We may be able to find some other funds to help. All right, as to what's before us... as to what is before us on item 15, we have a motion and a second. Call the roll, x b9 Yobruory 14, 1991 r 3 Y- Mayor Suarezt Right. Commissioner De Yurre: OK, now they have to go out.... Commissioner De Yurrat Mr. Mayor, let's clear one thing here. Mayor Suarez: Yes, Commissioner De Yurre, Commissioner De Yurre: The $300,000 that they're getting today is to purchase the land. And that's it. So... Commissioner Alonsot Yes, from the funds that were previously approved... f r Commissioner Alonsot ...CDBG funds, and it's just disbursement of the money that has been approved. Commissioner De Yurre.- OK. So the- land gets purchased. Now, they have through their resources, to get the additional funding to go ahead and build _ the project." .ti Mr. Hepburn: That is correct. 5 Commissioner De Yurre: Right. Now, if they come back again next year seeking - another $300,000, it isn't going to be used for this project and by that I mean that, that three hundred isn't going to used to cover administrative expenses while this project gets built. That it will be used for, if it's { awarded, for another project, that would be identified possibly to purchase ' that land and then you run a separate program. Vice Mayor Plummer: Oh, fantastic. — Commissioner De Yurre: That would be my understanding. Commissioner Alonso: Exactly. Vice Mayor Plummer% Well, it's easy in my estimation, that this $300,000 is stipulated that it is only for acquisition. Period. Amen. Commissioner Alonso: Um hum, that's right. Commissioner De Yurre: OK, that's it. Mayor Suarez: OK, as to the item before us, I think the consensus here - you might be aware.of it, Jeff and Frank - is - well, maybe it isn't a consensus - it's my view that... Commissioner Dawkins: Yes, it is. Yes, it is. Mayor Suarez: Maybe it is the consensus, that they ought to get this project built with these funds. If, by any chance, they need more, they can always come back for this project, but don't be allocating any more funds for this particular group for any other projects, because we've.got many many that want to get off the ground. All right, call the roll. Mr. Jorge Fernandez: Mr. Mayor, point of clarification. ;3 Mayor Suarez: Yes. 3 Mr. Fernandez: Is it 24 months from date of closing if it a mixed use project, or regardless of what kind of project it is? Mr. Rodriguez: Yes, on the project it is. Mayor Suarez: Twenty-four months with the understanding that they have proposed a mixed use project, at least as to the part that fronts Flagler. Mr. Fernandez; All right. r Mayor Suarez: All right? y i to LL c:. Mr. Fernandez- And then, if it eventually does not become a mixed use project, then it's back to 18 months? Commissioner Dawkins: No, give them twenty.... no, no, we can't jerk them around. Mayor Suarez: No, no,; Commissioner Dawkins: Give them 24 months. Commissioner Alonso: Twenty-four, so they enough have B time. , 3 Mr. Fernandez: All right, that's I wanted to make sure it's clear so that it doesn't come back. Mayor Suarez: No, it would gust be deviating from the Commission guidelines,; and I would suggest that at that point, they ought to come back and get for modification of its, you know... , Mr. Fernandez: All right, thank... t } Mr. Lopez: I have a question regarding the 24 months. Let's say if at 24 s months, we are almost there. j Mayor Suarez: Then you can always come back to this Commission and explain to us the circumstances for that. All right? Mr. Lopez: Appreciate it. Mayor Suarez: Call the roll. Vice Mayor Plummer: Well, wait a minute. Wait a minute, wait a minute. What do you mean, almost there? If you're going to use this money only for purchase, I'm assuming you're going to do that within the very near future. Mayor Suarez: No, he means almost there... Commissioner Alonso: No. Mayor Suarez; ...hopefully, almost completed construction... Commissioner Alonso: Completed, be... Mayor Suarez: ...we're not going to take it away from you if you're a week away from getting your CO (Certificate of occupancy) Mr. Lopez: That's what I'm saying. Vice Mayor Plummer: But we're speaking... Commissioner Alonso: Yes, because in 24 months after closing. Vice Mayor Plummer: But we're talking about is, this money has :.been stipulated for acquisition only. Commissioner Alonso: Yes. 1• Vice Mayor Plummer: I'm assuming that the acquisition is going to take place within the next.60 or 90 days. Mr. Lopez: That's correct. The 24 months construction. Vice Mayor Plummers So there's nothing as to the 24 months, Now, if they don't start the project within 24 months with the complete financing, then the property belongs to us. Commissioner Alonso: Sure. 1 a Vice Mayor Plummer: No, no, no. tuilding permits is the answer. Mayor Suarez: Exactly, Twenty-four months to get started on the project. Commissioner Alonso: Yes, um hum. Mr. Lopez: OK. Twenty four months. Mayor Suarez: Then you can always come back here, I suppose, but if you have the same five of us who are here, I have a feeling that we'll turn around and give it to somebody else who will be more "almost there" than you're "almost there." Mr. Lopez: Well, we hope to be before 24 months. Vice Mayor Plummer: Wait a minute, I have one other problem, Mr. Mayor. Mayor Suarez: Yes. Vice Mayor Plummer: It's not clear to me from the date of closing of the property, you can make an agreement to buy and have the closing in two years. I think that it should be two years from the date of the effectiveness of the ordinance. I'm assuming the closing is going to take place rapidly, but you know that it can be delayed and delayed and delayed. I think it should be two years from the date of the effectiveness of the ordinance. Mayor Suarez: You mean the resolution. Vice Mayor Plummer: Yes, sir. Mr. Lopez: That's going below twenty-four. Commissioner Alonso: Are you almost ready to close now? Ms. Rodriguez: Yes. Mr. Lopez: We are ready to close. Vice Mayor Plummer: So then, there's no problem. Mayor Suarez: It may be the same, it may be the same. Commissioner Alonso: It might be the... Mayor Suarez: Why don't we make it from the closing if... Tom Borell, Esq.: If I could just add one point as far as the closing... Mayor Suarez: Counselor, put your name in the record, please. Mr. Borell: I'm Tom Borell. If I could, as far as the closing date goes, that all depends as to when the funds are available. Once we know that the funds are available, one can do the title search and everything else, and then one can close. Vice Mayor Plummer: Well, I'm assuming once this resolution passes, the funds will be made available almost:, immediately. So, if you're practice_ on " purchasing - I mean this two years is really a fictitious thing, as far as I'm concerned. Y' Mayor Suarez: Twenty-four months from what? -final clarification here, Commissioner. Vice Mayor Plummer: From the effective date of the resolution, f. Mayor Suarers From the City's perspective, you mean. Commissioner Alonso: Yes. Vice Mayor Plummer: flow long? Mayor Suarers The money can be made available right away, right? Vice Mayor Plummert Commissioner Alonsot there... The money is there. I know the money is there, and it has always been Mayor Suarez: She wants to be absolutely sure. Commissioner Alonso: ...but it's not necessarily just ready to be Eiven to the people, and I have seen stories and stories and stories. Mayor Suarez: Right, it's not immediate. Commissioner Dawkins: What she's saying is, tell them they can pick the check up 12:00 noon, Monday. Or tell them they can pick it up 1:00 o'clock, Tuesday. Tell them they can pick it up 10:00 o'clock, tomorrow. Whatever date they can pick the check up, tell them that now. That's all Commissioner is asking. Commissioner Alonso: Yes. Mayor Suarez: Why don't we do this, Vice Mayor Plummer, make it 24 months from the implementation of the resolution by the City through the disbursement of the funds. Vice Mayor Plummer: That's fine. Mayor Suarez: That will put the speed on the process. Commissioner Alonso: That's great, OK, I accept that motion. Mayor Suarez: All right, thank you for movant and second. Commissioner Alonso: The change and... yes. Mayor Suarez: Call the roll. j:. y` The following resolution was introduced by Commissioner Alonso, who moved its adoptions RESOLUTION NO. 91-123 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE AVAILABLE AND TO DISBURSE FUNDS IN THE AMOU14T OF APPROXIMATELY $288,640 FROM THE 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN THE FORM OF A GRANT, IF FEDERALLY APPROVED, FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE TO FLORIDA HOUSING COOPERATIVE, INC. FOR THE ACQUISITION OF THREE (3) PARCELS OF VACANT LAND LOCATED AT APPROXIMATELY 1025 WEST FLAGLER STREET IN THE LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA, IN CONNECTION WITH THE DEVELOPMENT OF A MIXED --USE COOPERATIVE HOUSING PROJECT AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FLORIDA HOUSING COOPERATIVE, INC., FOR THE PROVISION OF SAID FUNDS; FURTHER INSTRUCTING THE CITY MANAGER TO INCORPORATE PROVISIONS IN THE AGREEMENT AND DEED WHICH ENSURE THAT TITLE TO THE SAID PARCELS SHALL BE DEEDED TO THE CITY IF CONSTRUCTION ON THE PROPOSED MIXED -USE COOPERATIVE HOUSING PROJECT IS NOT UNDERWAY WITHIN TWENTY-FOUR (24) MONTHS FROM THE DATE FUNDS ARE DISBURSED BY THE CITY PURSUANT TO THIS RESOLUTION; FURTHER ALLOCATING AND AUTHORIZING FUNDS FROM 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT ENTITLED "HOUSING COOPERATIVE," PROJECT NUMBER 799222, INDEX CODE 451651, TO FUND THE COST OF SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. e F }R f Vice Mayor Plummer: So move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Second. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 91-124 A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS FOR CONSTRUCTION OF LAWRENCE WATERWAY HIGHWAY IMPROVEMENT B-4536; FURTHER REFERRING SAID BIDS TO THE ADMINISTRATION FOR PROPER TABULATION OF SAME. _ Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre — Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. — Mayor Xavier L. Suarez NOES: None. ABSENT: None. Ms. Hirai: The first bid is from ManCon, Inc., and the total bid is $1,361,854.55. Second bid is from GalTech, Inc., total bid, .$1,493,687.50. Third bid. is from PNM Corporation, total bid, $1,337,042. Next bid is.from PJ Constructors, Inc., $1,587,072. Next bid is from Williams Paving Co., Inc., { total bid, $1,590,518.10. Next bid is from V DeMoya Group, Inc., total bid, $1,383,254... Next bid is from RicMan, International,- Inc., total bid is $1,446,497.60. Next bid is from Central Florida Equipment, total bid, $1,334,211.90. Mr. Mayor, those are all the bids. _ Mayor Suarez: OK. Do we need any other motions? Ms. Hirai: No, sir. Mayor Suarez: All right. 4 Vice Mayor Plummer: I tell you, it's nice to know we got eight bidders.. Mayor Suarez: Yes, I see that construction industry is hungry. s ------------------------------- ---------------- ---- - --- --` 29. (A) RESCIND 89-779 - AUTHORIZE MANAGER TO OFFER TO PURCHASE PROPERTY AT 801 N.W. 2 AVENUE, AS IS, FROM OWNER WILLIAM SAWYER. (B) COMMISSION DIRECTS CITY ATTORNEY TO AUTOMATICALLY PURSUE f<— INDIVIDUALS WHO CONTAMINATE LAND, AND MAKE THEM RESPONSIBLEFOR REMOVAL OF TOXIC WASTE. ' (C) COMMUNITY CONCERNING TOXIC WASTE IN CAMILLUS PROPERTY,LAND. --------------------------------------------------------------------------- - `. Mayor Suarez; All right, item 16. - {'_ V 3 Y:. Mayor Suarez% I understand that to be a second for discussion. Commissioner Alonso: Yes. Mayor Suarez: Thank you, Commissioner Alonso, Commissioner Alonso% OK, I have problems that we have said several times and 1 have stressed that once we say, we're not going to pay for toxic waste, why are we just assuming this responsibility and paying for it and then going after them? This, it seems to me, it's costly for the City of Miami and a very dangerous precedent. ', Mr. Odio: Let me say something, Commissioner, I went to look at that corner yesterday for my own. We need to remove that place. There is a , possibility... Commissioner Alonso: Oh, I know we do, but if we say to the owners, "We'll take the tab," and then we go after them.... Mr. Odio: But, they don't have the... but there is a grant... Commissioner Alonso: ...I don't know if we are going to get the money or not. Mr. Odio% There is an abandoned storage tank restoration program that we'd like to apply for before March 31st, and I believe we can get our money back. There is sometimes that we'll need to do this if we want to develop the area, and this is one corner we really need to move on. But... _ Commissioner Alonso: Well, toxic waste is something that really has me very concerned. I wanted it removed, but I think that the owners should pay for that. Mayor Suarez: Have we adjured a single claim against an owner of property that we're purchasing for cleanup of contamination or super fund participation or anything like that? >- Linda Kearson, Esq.: We have received one request from the administration on the civic site block that we're going to pursue. Mayor Suarez: How about Melrose? How about some of the affordable housing? Ms. Kearson: We've only received one request from the administration. Mayor Suarez: Well wait a minute, wait a minute. The fact that you receive ps- s, or-don'.t receive requests from the administration, you also work for all of us - who; are up here. We have been telling you at Commissioner Meetings to be aggressive in pursuit of contaminated parcels that the City either is under contract to acquire, is intending to acquire, or has already acquired, to :. initiate claims. So, let's not get into a back and forth thing with the administration. That is our instruction as a Commission. Do you understand that? I expect, Mr. City Attorney, to get a report from you, and I think this entire Commission expects it, of how many lawsuits and claims, in conjunction with condemnation or in some that we've already gotten, we are exerting to collect from people who have given us contaminated property. 'a Mr. Jorge Fernandez: Mr. Mayor, are you then... Mayor Suarez: That was our instruction to you the last time -we had a contaminated property issue. ;T Mr. Fernandez: Mr. Mayor, I understand perfectly, however, the way,that the . _ Charter is set up, it is solely the administration that controls all of the 4 decisions of buying or acquiring property. Now, if we... F' "M Commissioner Dawkins: Mr. Mayor.,. Mayor Suarez: But some of those are already acquired. Commissioner Alonso: So F� Commissioner Dwkins: Mr. Mayor,,, 70ab+az�►,4 4; t rvu y Mr. Fernandez: Mr. Mayor, our role in those acquisitions is merely to act as an attorney to perfect the transaction. Mayor Suarez: Mr. City Attorney, we want to be aggressive in pursuing the City's legal rights to collect from people who have put us in a bind, either because we have already got the property, because we're under contract to buy it, because it's part of a scheme to assemble land - as in this case presumably... Mr. Fernandez: We understand, Mr. Mayor. Mayor Suarez: ...and we want the City Attorney's office to be proactive in that. Mr. Fernandez: And the City Attorney's office and the administration are being proactive on it. But, however, neither one of us can act singly or independent from each other. And our point in mentioning the administration is not trying to pass the buck to them, but merely acknowledging to you that we do not have the records, the files, the information necessary for us to go into court and file a complaint. If all of that information is provided to us by our client, then, and in this sense, we consider not only the Commission, but the administration, our client, then we have sufficient factual information to proceed, because we know how to proceed legally. Mayor Suarez: In many of these cases, I believe the City Attorney's office is the best equipped to compile the information. Now, you may need to get some files from the administration. We are the same City, we're working together, and I'm sure you can make those requests for those files. If you don't get them very quickly, please let any of us up here know and I am sure you will get them. Actually, Commissioner Alonso in Commission Awareness apparently is overseeing housing projects. And a lot of these are housing projects. Commissioner Alonso: Well, I'm very concerned. I've been saying that and I continue to repeat my position. I think we cannot afford to pay for this. We have to be aggressive and - one question I want to ask now that we are on this subject - Camillus House, we were very specific in the contract not to allow that, to put ourself into the position that we are with certain projects. Are we carrying on the instructions that they are hundred percent responsible in removal of any toxic waste that exists on the property? Mr. Fernandez: The Law Department understands that to be the policy of this City Commission that we are not to proceed on acquiring any property that we know has any contamination. Is that what... - Commissioner Alonso: What do you mean, that we know? to getting ourself into the problem. Right? We have to know prior — Mr. Fernandez: Oh, correct. Those are always conditions... Commissioner Alonso: So, in all cases... Mr. Fernandez: In all cases... Commissioner Alonso: ...we will find out prior to carrying on the agreement... Mr. Fernandez: Always. Commissioner Dawkins: Hey, if I stand up, you all will see me because I've been holding my hand up... Mayor Suarez: Well, we're continuing a line of inquiry, Commissioner. Mr. Fernandez: We do. Commissioner Alonso: We do. x_ Commissioner Dawkins: That's all right, no problem, Mayor Suarez: All right, anything further on that? Commissioner Alonao: Teo, we've passed some.., 71 yebroary 14, 1"V �. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: You know, as Commissioner Alonso said, we said we were not going to purchase the Camillus House unless it was contaminated free. I told you then, and I'm going to tell you now, the railroad track for me is the Rapid Transit. White folks live east of the railroad track, black folks live west of the railroad track. Now, it just so happens that the Camillus House is on the white folks side of the railroad track. So now, you're going to go ahead, acquire that property and then we worry about cleaning it up later. Bill Sawyer is black. He's on the black folks side of the railroad track. We can't buy his property till he clean it up, and we only offered the gentleman $150,000 for the land and the environmental cleanup costs close to $300,000. So now, what do... so, you're saying to him, "If you want me to buy your land for $120,000, you spend $300,000 and clean it up." You see. Now, either you're going to be consistent or you're not. You are going to tell Camillus House, "Yes, we buy your property as is," and you tell Mr. Sawyer on the other side of the railroad track, "We buy your property as is." You know, and I'm a little miffed here that you keep telling me about the Historic Overtown Folk Life Village. This corner, so it was supposedly to have been cleaned up, we promised everybody who was building houses there, that we would clean this corner up to enhance the sale of any other units they built over there. We have dragged our... and this happened long before you came, Commissioner. I can't blame you for that, I got to blame us, but you weren't even here, see. And they dragged their feet, they did everything. Now, this Historic Village, there is a building over there that's called the Longshoremans Union Hall. Nothing is more historic than the Longshoremans Union Hall. During my youth, then before people make money, Longshoremen... Mayor Suarez: That's ancient history. Commissioner Dawkins: That's right. That's pre -World War II, you all who don't know. Mayor Suarez: Prehistory, prehistory. Vice Mayor Plummer: Probably the Civil War. Commissioner Dawkins: All right, poor people made money. Railroad firemen, black; sleeping car porters, longshoremen, and teachers. More blacks got sent t to college from that Longshoreman Hall than any place in Miami. But nowhere along the lines has my administration come along and said, "Let's get some funds and restore this historic building," which is a part of black history, which is on the other side of this piece of property you're arguing about, OK? Nor have you said, "This piece of property is owned by a gentleman whose _ family owned almost all of Overtown, Dr. Sawyer, who also spent his own money." Mr. Sawyer got more money invested in helping us upgrade and build those buildings then you could ever have. But yet, you're going to tell me that you're going to pursue this gentleman when those of you who grew up in Miami - I don't know, I didn't grow up here - nobody contaminated that land fz over there more than Greyhound Bus Company. Greyhound Bus Company had a dumping scale there and they dumped everything from oil to waste. Nobody, as the Mayor says, is going after Greyhound. And there's such a thing as a super fund. As the Mayor told the City Attorney, "You don't need our permission to go before and apply for funds from the super fund to clean up no place." You need to actively assess and go after them and come tell the Commission; "Here, we've got "X" number of dollars from the super fund. Which spot do you want cleaned up?" Somewhere along the lines here, the administration - and that's the Manager and the City Attorney - you're not together, and you're not providing this Commission with what it needs to get the job done. Commissioner Alonso: OK, now I'd like clarification from whoever can give me the answer in reference to Camillus House. My recollection of the discussion of that item - and I make it very specific - I asked questions, you are "- responsible on the record, hundred percent for removal of the toxic waste. That was my vote was given with that stipulation. You clean the property. You are responsible, and I say, we put that on the record, hundred percent responsibility. Now, are you telling me that that has been changed? So,, my vote it's no to Camillus House. Let's make it very clear, because then my vote was obtained... M� + Mr. Odio: It has not been changed. p} 72 February 14, 1941 y r , 9 J Commissioner Alonso: Well, I saw Herb saying, "Yes," at what Commissioner Dawkins was saying. Mr. Odio: It has not... Mr. Herb Bailey: You asked for clarifications, As soon as you're finished, we'll clarify that. Mr. Odio: It has not been changed. Commissioner Alonso: So it means, they will be responsible for the cleanup of the property. We have nothing to be, So, in fact, what Commissioner Dawkins has said about Camillus House, it's not so. Mr. Bailey: Commissioner, may I... - Commissioner Alonso: Please, someone tell him, because either he has make a mistake or we are wrong. Someone has to be. We cannot be saying yes and no, and all of us be right. Mr. Bailey: You want clarification, Commissioner? Commissioner Alonso: Yes. Mr. Bailey: I'll let the City Attorney go first if she wants to. If not, I'll try to clarify. Ms. Kearson: The agreement requires Camillus House to clean up toxic waste. We're in the process now of trying to close on that property. However, the administration was contacted relative to the closing to determine if toxic _ waste had been found. And if it had been found, at what point will.Camillus House clean up that toxic waste? It's my understanding that - Herb can clarify it further - that the environmental assessment indicated a need for ,. additional testing. And that is as far as we have gotten. But the agreement is very clear that Camillus House has to remove any contamination there. Mr. Odio: As a matter of fact, I just had to agree to a... — Mayor Suarez: Well, how .long is the testing going to take? Mr. Odio: I had to ask for an additional... I had to agree to $2,500 that.we had to do another test. We have to make sure. And .that's being done right now. Mr. Bailey: The other point I'd like to make... Commissioner Alonso: Who is paying for this additional testing? We are? Mr. Bailey: Yes. Mr. Odio: Yes. Commissioner Alonso: How much are we talking about? Mr. Odio: $2,500. But I had to do that. We have to make sure that we're .not' stuck. Commissioner Alonso: May I ask why the first testing? How much it was, the first testing of the property? r Mr. Bailey: $4,500. Commissioner Alonso: How much? Mr. Olio; Forty-five hundred dollars. Mr. Bailey; Forty-five hundred dollars. Commissioner Alonso: And why didn't we get a response... f Mr. Baileys We did level one and level two. Level one just merely determines whether or not we should go further to do level two to verify the extent of the contamination, if any. Mayor Suarezt Is level one just a history of the tract? Mr. Bailey, It's a look-see and whatnot, yes, to see what's there and then a possibility... Mayor Suarez: The ownership and the uses the property has been... and level two is actually testing, actual borings, actual excavation, or... Mr. Bailey: Yes, it's to see if there's something. The other point I'd like to clarify, Commissioner, is that the point I was making is that we have already negotiated the sale with Camillus House and we have already signed the documents. I was not indicating that the obligation to clean up the site wasn't there. What we were saying - at least, I don't know what Commissioner Dawkins was saying - but what we were saying is that we're only trying to get to that point in the other situations. We have already at this Commission agreed to buy the property and set a price and sign the documents. And now we'll go and find out the level of testing and the level of toxation. And that's what we've been trying to do all along in certain cases. Especially in this case, we can't apply for the super fund till we own the property. Commissioner Alonso: OK, in this case, I'm not going to make... I know the — historical value, I don't want to detain this property, and I'm not going to make an issue. But, I want a legal explanation again as to the point of Camillus House. Mr. Odio: We are not responsible... Commissioner Alonso: Also, I'm disturbed to hear have we paid the first time for the study that it was done on the property? -the $4,500? Did we pay for that? Mr. Bailey:, They agreed to share it. They split it with us. Mr. Odio: We're going to split that. Commissioner Alonso: The split and what about this one? Mr. Bailey: We agreed that at Commission that they pay 50 percent. This one, we're paying for it ourselves. Commissioner Alonso: Because as I recall, at the time that we were going through the discussions, I emphasized that the testing was going to be in the neighborhood of $10,000 or more. I was told at that time, "No, you're wrong, it's going to be something like $4,500." Now we see that I was right. It's $4,500 the first time. But it's $2,500 the second time, and who knows? Mr. Odio: Commissioner, the $2,500... Commissioner Alonso: So, actually, when I add that, it's close to ten thousand. Mr. Odios But the twenty-five, you are right. But the $2,500 are cheap if we are not sure and then we take over the property and then we find that we're stuck with a serious toxic problem after we have released them. I'd rather pay the $2,500. Vice Mayor Plummer: Yes, but... Commissioner Alonso: No, no, I couldn't agree more, but what I'm saying is, at the first time when I checked the prices, I knew it was going to be more in the neighborhood of $10,000 and, as you see, I was right. The only thing that it was divided in two steps rather than one, but the and result, the amount; comes from the pocket and it's the same. t 7 Mr. Odio:' Yes.. Commissioner Alonso: Ten thousand. That's the point I'm trying to make. Mr. Bailey: I understand, Commissioner. Mayor Suarez: OK, yes... Mr. Odio: But I still would like to recommend strongly item 16. Mayor Suarez: Well, I was going to ask a quick question on it. We've got item li. We have a federal government officials here. We've got item on Curtis Park, Commissioner De Yurre notes that the people are here on. I'd like to get that before lunch. My question is basically... Commissioner Dawkins: What are we doing with 16? Mayor Suarez: ...on 16, there was a statement made of an estimate - I think by Commissioner Dawkins - of what the actual estimated cost of cleanup may be. Is that as to this particular lot, Herb, or is that a more global estimate? Mr. Bailey: We've already done one level of testing. We don't know to the full extent what it's going to cost, but we do know from experience that it is and was a auto repair shop and a gas station. There may be tanks in the ground. I can assure you that at least... Mayor Suarez: But by buying "as is", do we waive absolutely our rights to come back and make the person from whom we have bought responsible under contamination laws and super fund and so on? Mr. Bailey: We don't waive our rights. Mayor Suarez: I don't think we waive our rights, do we? Ms. Kearson: No, you aren't waiving your rights. As a matter of fact, the State of Florida and the federal government will still go against the previous owner for that cleanup. Now, we ,also become liable if we become owners of that property. That's the difference. But what we're proposing... Mayor. Suarez: And in that case, I guess I have to defer to Commissioner Dawkins' perspective on this, that this is unique property that we have been talking to the neighbors about acquiring for many, many years, that is extremely important to the community. But I would hope - and I'm not drawing necessarily the distinctions about the wrong side of the track and the right side of the track - but I would hope... Commissioner Dawkins: That's because you never lived on but one side of it. I lived on both sides of it. Mayor.Suarez: What I would hope that for all sides of the track... Commissioner Dawkins: Now, there you go. Mayor Suarez: ...we're not going to be buying properties "as is"_ in the future. We're not going to be making commitments to buy properties that may later turn out to be contaminated. And even if we have rights against the prior owner, we may not be able to get collection from the prior owner. The prior owner may pass away, the prior owner may or may not have the economic wherewithal. And the idca that we're buying - what is the price that you're asking us to approve here? Mr. Bailey: A hundred and twenty thousand, I believe. A hundred and twenty... Mayor Suarez: OK, that we'd spend that kind of money and not know that later we may have an actual economic liability greater than what we have paid for the property, which, to a lot of people, would mean that the property is worth less than zero, then is just inconceivable to me... We're making the exception here. I'm glad that Commissioner Alonso has brought it out. The records. should reflect that we consciously are aware of this risk. We're also going to aggressively pursue our rights against prior owners, including this gentleman, We're not waiving that right by buying "as is." And, you know, X think we've put all the cards on the table. We could be embarrassed,.. :.... sn� Mayor Suarez: Yes, Commissioner be Yurre. Commissioner lie Yurre: If we're talking about building and doing something with this property has to be cleaned up before. Mr. Bailey: We understand that, Commissioner., and this is an exception. We have bought properties next door to it, and we have tested it. Whatever contamination is contained on this site and we are not closing no property before we go through a test. Mayor Suarez: And one last question in that connection, Herb. If ultimately, it's a private sector joint venture that we put this property out for, we pass I on the cost of clean up to them, obviously. Mr. Baileys We make up those adjustments in the leasing when we go out for development, yes. Mayor Suarez: All right, whether that means that, that will exclude a lot of - people from participating or not is another question that I have a feeling we're going to hear from you on at a later point. So as to... yes, item... Commissioner De Yurre: Mr. Mayor, going back again to the fact that it has to be cleaned up before anything gets done there. Are we in a position to clean it up and build something there? -even though them afterwards we go after whomever? Mayor Suarez: Well, we're not necessarily going to build anything. We're probably going to put it out for bids and the ultimate builder, yes, will have that responsibility. Commissioner De Yurre: Well, then, you know, I don't want to end up with another Las Palmas or that situation that nobody can build there because it costs too much to clean it up. Commissioner Dawkins: I would be remiss if I would not point out one thing to my fellow Commissioners. And if I'm in error, Mr. Bailey correct me. The property we're discussing is on the corner. Am I right? Mr. Bailey: That's correct. Commissioner Dawkins: Next to it is the old Rolls Royce cafeteria restaurant. Right? Mr. Bailey: Yes, yes. Commissioner Dawkins: Next to that is what? Mr. Bailey: The Lyric Theater. Commissioner Dawkins: Now, how many thousands of dollars have we putinto the Lyric Theater telling black folks that you're going to restore this and bring it back? Mr, Bailey: We put a lot of effort into it, Commissioner. Commissioner Dawkins: All right, now... so now, you see, black folks are being handed apples and oranges and peanuts. Because I'm telling you that I am going to help you restore this building. I've gone to the State of Florida and the federal government with you to help you do this building. This - building we already bought, right? -the Rolls Royce Hotel? Mr. Bailey: Yes, we have now cleared to go for the settlement. Commissioner Dawkins: The City owns that. Now, you come to this piece of property that Mr. Sawyer owns on the corner, and you're into a whole lot of discussion about whether you're going to buy it, whether you're going to leave+ it there, but yet you got black folks thinking that you're going to develop,,., you're going to do something over here? Oh, yes, we're going to restore the F, f Historic Village, we're going to make this look like it used to look. All you all do is await on us. OK? Now, this is the key and all of =Father Barry, Mies f' Marie Adker, Tom Benjamin, and all those activists, who are down here everyday saying that we ain't doing nothing in Overtown. They're not here today, Thie 76eay is the day I need them down here to speak up to you and let you know that they're not getting what you're promising them. But they only come down here when certain Commissioners tell them, "Hey, I need you down there to show your face." And tell them Miller Dawkins just said that. Vice Mayor Plummer: Question. Where is... I've heard the figure $300,000, I've heard $250,000. What are you anticipating as the cost of cleanup? Mr. Baileyt We expect it to be in excess of two hundred thousand. Vice Mayor Plummer: Where do you anticipate that money coming from? Mr. Baileys Yes, that's what I want to give a chance to respond to. I'm glad you asked that question. In the redevelopment plan, you have to realize all of this is in the redevelopment area for which all of the expenses come as a result of development through tax increment bonds and tax increment funding. None of this comes from the general fund. In our many pieces of legislation that we have passed over the past eight years have always indicated to the developers and everyone else, that the City would be responsible for infrastructure improvements. We have already spent... what Biscayne View is now, we've spent $80,000 to clean up that site. The obligation for infrastructure in redevelopment, in most cases which is a public purpose, usually falls on the public sector. We try in every effort to minimize that cost, if we can. And that is why I would like - or the administration would like to - begin the active pursuing other revenues, like super fund. And if we got this property, which we know is going to be a costly thing, we then would have the right to go after those other fundings. But until we own it, we can't do that. Now, all this money will come from bond funds as part of the redevelopment area, which is no general fund monies. Vice Mayor Plummer: Can the private sector apply for the super fund? Mr. Bailey: Yes. Vice Mayor Plummer: Then, why wouldn't we be smart, after this issue - I don't want to get involved in this particular issue because I understand what my colleague is saying - but why can't we establish a policy from henceforth that all properties that we acquire have to be environmental first? Mr. Bailey: I think some of them now, as the legislation and the City Attorney can react to this, on a situation like this where it was a prior gas station where there are tanks in the ground, there's a special consideration for those types of cleanup activities. Vice Mayor Plummer: Well, why couldn't... Mayor Suarez: Well, we've kind of indicated that to the administration, to the City Attorney's office, that we want the agreement to buy to always reflect that it has to be delivered to us contaminant -free. And, this would be an exception to that, Vice Mayor, but we've that pretty clearbecause we really got burned on some of those other lots, which were elective. We could have bought not that particular property, but some other property. And in any event, we should have known in advance that if we were paying "X" amount for it, we later may have to do some cleanup, which we didn't know in the case of Melrose, for example, and Civic Center. Vice Mayor Plummer: The point I'm trying make, there's a state law now, when you buy a house that you have to give to the buyer, a termite inspection, a roof inspection. Why wouldn't we be smart that in the future, not this one, but we have an ordinance that says that any property - any property - the City is going to acquire, the owner has to provide the City an environmentally... Mr. Balley: We're doing that. Mayor Suarers Yes, we've made it as a matter of policy. Maybe we ought to make it as a matte of ordinance, if you'd like. Mr. Baileys We do that. This is just an exceptional case. We have not closed on a case where we didn't get that stipulation in the agreement. That we are doing that, Commissioner. That was as a result of your last discussion. 77 February 140 1991 Mr. Odio: That's the problem. This is the one... Vice Mayor Plummer: OK. I did move item 16. Mayor Suarez: So moved. Do we have a second? Commissioner Alonso: Second. Mayor Suarez: Seconded. Any further discussion? If not, please cell the roil, and try to get... The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-125 A RESOLUTION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 89-779, ADOPTED SEPTEMBER 14, 1989, AND FURTHER AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER TO PURCHASE PROPERTY LOCATED AT 801 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, "AS IS", FROM WILLIAM SAWYER ("OWNER") FOR THE TOTAL PURCHASE PRICE OF $120,450, WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY HAVING BEEN APPROPRIATED IN PROJECT NO. 322057, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT"; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTION WITH THE OWNER AS EARLY AS PRACTICABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 30. DISCUSS AND TEMPORARILY TABLE: (A) AUTHORIZATION OF AGREEMENT WITH UNITED STATES OF AMERICA FOR PURCHASE AND SALE OF CITY PROPERTIES" ($963,019.71 - CAPITAL PROJECT 311014) FOR CONSTRUCTION OF NEW FEDERAL- LAW ENFORCEMENT BUILDING / GENERAL SERVICES ADMINISTRATION BUILDING; AND (B) THE PROPOSED DEVELOPMENT OF A METROPOLITAN DETENTION CENTER AND THE MEANS BY WHICH CITY CAN FACILITATE PRESERVATION OF THE HISTORIC CHAILLE BLOCK, AT 401-445 N. MIAMI AVENUE, AS PART OF PROJECT (See label 37). - ------------.----------------------------- -------------- --- - Mayor Suarez: On item 17, I know you wanted a companion item or related item heard at the same time. What is it? Ms. Arlene Weintraub: Item 17 is the Department of Development and while item F 59 has two of the federal representatives here to s eau to it it i not a related item. r Mayor Suarez: Not related, affecting the same people, all right. i Ms. Weintraub: Yes. �z ## t Mayor Suarez: Well, what is item 59? Is..that a controversial or wavit advertised for after.... f . ,1 70 Foram 441. n s A Mr. Odiot No, it is not. This is the purchase of the land for the federal building. Ms. Weintraubt This is item 17. Mr. Odiot And the price is $918,500, plus we're getting paid back $44,519 for direct costa expended by the City. So the total price... Mayor Suarez: Are we talking about item 59 or item 17 now? Ms. Weintraub: Item 17. Mr. Odio: I'm talking about 17. Mayor Suarez: All right, what is item 59 and does it entail anything that would preclude, Madam City Attorney, us handling that at the same time as 17? It doesn't look like it. It was a discussion item. Linda Kearson, Esq.: No, sir. Mr. Odio: Well, this one is the detention center. This is a separate building. Mr. Joe McManus: It's in the same block... Mr. Odio: You can hear that. Ms. Kearsont No, well, both items... Mayor Suarez: The same federal officials are here. We'd like to hear them both. Is there anything that would preclude our considering item 59 at the same time as item 17? Ms. Kearson: No, sir. Mayor Suarez: Thank you. All right. Item 17. What do you need from us? Mr. Odio: Move it. Mayor Suarez: All right, any questions on item 17? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: Well, I don't like it, but we're that far into it, we got to:go with it. I'll move it. — Mayor Suarez: Move it. Moved., Wait a minute, officer, could .you tell those nice folks out there to go have their discussions elsewhere? Commissioner Alonso: .I don't like it either, but I second it. Mayor Suarez: Seconded. Vice Mayor Plummer: We have no choice. Mayor Suarez: So far, nobody likes it. Any discussion? If not, please call " the roll. AT THIS POINT, THE CITY CLERK BEGINS TO CALL THE ROLL ON THE AFOREMENTIONED MOTION ROLL CALL IS INTERRUPTED AS FOLLOWS: "+ Commissioner Dawkins: We still have the minority assurance that minorities and all will participate in the construction of this building? Ms. Weintraub: On the federal building? -yes. f` Commissioner Dawkins: Ma'am? Me. Weintraubc On the Federal Law Enforcement Building, sir? Yes. id Mayor Suaaraze On item 17, yea. 79 Fabruory ter, 3491 a '�:_ Mo, Weintraub: Yes, item 11 is a simple sale. It is the City selling two lots to the federal government. Commissioner Dawkifis: But,in the sale, before we agree to the sale, when the buyer sat in my office the buyer, which is the federal government - and me, the seller, sat down and agreed that the labor workers from 62nd Street, some, maybe, electrical worke•.ra from S.W. 8th Street, that local people who need — jobs would be hired. That was the agreement. Mayor Suarez: Name and address, ma'am. You can give... Mina Mazaheri, Bsq.: Name and address, Mina Mazaheri, attorney prisons. Under federal... Mayor Suarez: Where's the Bureau of Prisons located? Ms. Mazaheri: Washington, D.C. Mayor Suarez: You have an address, so we... Me. Mazaheri: 320 First Street, N.W., Room 754. Mayor Suarez: We might want to write you and complain about something. Go ahead. Ms. Mazaheri: Washington, D.C., 20534. Under federal procurement law, in - terms of contractors putting in bids and stuff like that, there is clauses for minority and small business and things like that, in terms of the particularities of this specific project. I don't know what was said and I don't know what's going on, but we can check into it and let you know. Mayor Suarez: Well, he's been assured that in his office, so we hope there's no change in that. Ms. Mazaheri: Right. Commissioner Dawkins: OK, now let me help her. I hear you when you; say minority, OK? But let's say for the sake of discussion that you tell me that I can have 20 percent Latin and you go and find a Latin.... Ms. Weintraub: The answer is... Commissioner Dawkins ...steel structuralist, who is a company, and he gets the whole 20 percent. That same little electrician who I'm talking about on S.W. 8th Street, he doesn't get a penny. That's what I'm asking. Or, take it the other... Ms. Mazaheri: The answer is, yes, we will.... Commissioner Dawkins: Thank you, all right. That's all. Vice Mayor Plummer: Well, let me ask a question because I'm confused here. Is this property going to be used for a prison? Commissioner Dawkins: No.... Ms. Weintraub: If I may, I was... we were handed out site plans today and if, we could distribute it to him it would show you... Vice Mayor Plummer: Wait a minute now. Are we talking about two different :Facilities? -the one is the federal building and the second is the detention center? Ma. Weintraub: Yes. w +. Vice Mayor Plummer: Well, hold on here now. Where's this detention center.... Dr. Luis Prietos Right across the street. r 00 Psbruary 140 1991 ..,. Commissioner Dawkins: No, there was no compromise. Vice Mayor Plummer: I don't remember that. Ms. Weintraub: If you would look on the second page. Mr. Odio: Well then they will build next to the New World Center of the Arts. Is that what we want? Vice Mayor Plummer: Where is the detention center proposed to go? We have nothing at this point, to my knowledge, of agreement of a detention center. We do on the federal building. Mr. Odio: Yes... Ms. Mazaheris Correct. — Mr. Odio: ...we don't have to agree on that. They bought the property. Vice Mayor Plummer: Who bought the property? Mr. Odio: They're going to build a building on their own. We have nothing to do with.the detention center. Vice Mayor Plummer: No, no, no, I'm speaking to the issue of, do we want a jail facility downtown? Mr. Odio: Yes. Vice Mayor Plummer: Well, you say yes. There's a lot of people downtown that say no. - Mr. Odio: Commissioner, we prefer not to... Mayor Suarez: Well, we would prefer not to have it, but if we had a choice of a'"site. that was previously proposed by them with this, this was the one that would be most acceptable. Mr. Odio: This was a compromise worked out with the detention center in Washington, -by_everybody affected, including Miami -Dade downtown. Commissioner Dawkins: When did this come before this Commission and tell us - that it was two facilities? Vice Mayor Plummer: I don't remember. Mr. Odio: They don't have to come here. Commissioner Dawkins: Beg pardon? Mr.:'Odios They do not have to come here for anything. Vice Mayor Plummer: We don't have to sell them the property. Commissioner Dawkins: When did it come before this Commission and tell us that it would be two facilities? F Vice Mayor Plummer: What? .14 Ms. Weintraub: .The property that the Federal Bureau of Prisons purchased, the City did ,not own. They bought it from private property owners in... Vice Mayor Plummer; Well, what atle we selling here? ' Commissioner Plummer: I will ask sn y question s again. I'll ask snY quastlon again. When did whomever come before this Commission and tell these Commissioners that it would be two structures instead of one? Mr, Moo There's only one structure, as far as we're concerned. Commissioner Dawkins Well, J.L. is saying it's two. 4; f( S.T,* 7 ro 3 Mr. Odiot They have the right, as anybody else, to purchase land and build any buildings they so choose as long as they meet the required loan. Vice Mayor Plumnert Excuse me, this property which is proposed in item 17 is two lots. Mr. Odiot That is for the federal building. Vice Mayor Plummer% That is for the federal building, has nothing to do with the detention center. Mr. Odio: That is correct. The new federal courthouse. Ms. Weintraub: If I may... Vice Mayor Plummer: That's not what I'm looking at in this map. Ms. Weintraub: If I may, on the second page of the larger scale sheets, it shows you lots 5 and 6 that we are here before you asking to sell to the federal government. Lots 5 and 6 is proposed by the Federal Bureau of Prisons to be a parking structure that would service both what they're going to do without participation from the City of Miami, and to service the Federal Law Enforcement Building that is a City of Miami project. Vice Mayor Plummer: Where is the detention center proposed to go? Ms. Weintraub: On the remainder of the block to the west. If you'll look on this or it's now projected above. It's the remainder of the block. Commissioner Dawkins: Mr. Manager... Mr. Odio: 'Yes, sir? Commissioner Dawkins: I want to tell you... Vice Mayor Plummer: Where is.... Commissioner Dawkins: I want to tell you, the federal government... } Vice Mayor Plummer: ...the detention center? 1 Ms Weintraub: To the west. Commissioner Dawkins: ...and everybody. When we started and they eat in my office here and at Miami -Dade Community College, it was to be one structure and that structure was to have a catwalk where people could go over the 1 catwalk to the jail... Ms. Weintraub: That's right. Commissioner Dawkins: Now, at no times, at any time, did anybody sit down and tell me that it was going to be whatever you're talking about now and then a correction center. Vice Mayor Plummer: Right. _ Commissioner Dawkins: I have been had by my admin.... Vice Mayor Plummer: On these lots? Commissioner Dawkins: ...if my administration agreed to that, I've been had. , Mr. Odio: Nope, we have not agreed to that: 1 Ms. Weintraub: Commissioner, what you say is exactly the case today. Tt k R Commissioner Dawkins: Ma'am? Me. Mazaheri; That's correct, what you just said is what is true today. ` There is proposed to be a catwalk to connect, and there's... Mr. 04ios Has it changed? 62 rob dry .. r i i Ms. Weintraub: It hasn't changed. Commissioner Dawkins: All right, but why is it... all right, OK... Mr. Odio: That has not changed, Commissioner. Commissioner Dawkinst All right, from the building that the catwalk is going from, what are you calling that building? Mr. Odio: The New Federal Courthouse. New Federal Courthouse. Yes. Vice Mayor Plummer: Is anything of the detention... Commissioner Dawkins% No, no, wait a minute. OK, all right, now.. OK, hold it now. If that's the New Federal Courthouse, OK? And you're going to put a detention center, how are you going to get the people from the detention center to the New Courthouse building to take to the new court? Mr. Odio: I don't know how they're connected, because I have not seen the drawings, but they... Commissioner Dawkins: Well then, well then, but you see... Mayor Suarez: How is the connection effected? We were told that part of this is to make sure that people did not have to go above ground... Ms. Weintraub: That's right. Mayor Suarez: ...to the courthouse, whether they were witnesses or detainees or attorneys or whatever. Mr. Odio: Let me, let me put it... Mayor Suarez: How is that all going to happen? Can we just have a simple answer to that question? Ms. Weintraub: The connection is actually through the parking structure. That's the answer. Mayor Suarez: OK, but how does that connect to the Federal Courthouse then? the parking structure does not connect there. Ms. Weintraub: Because it will serve as both. You can go from the parking structure to our Law Enforcement Building, or above... Mayor Suarez: I understand that, I can see that in the drawings, but now to the Courthouse itself. Ms. Weintraub: Right, or to the Courthouse. Mayor Suarez: To the exist... Ms. Weintraub: Yes, yes, you could. That darker line drawn there, that's for cars. Mayor Suarez: Oh, because the parking lot connects some place around the back here where you can't see it on our sketch? There is a connector, you're guaranteeing us there is a connector. Mr. Jody Smith: My name is Jody Smith. I'm the project manager for Federal Bureau of Prisons for the Miami MDC. I'm based in the same office as Ms, Mazaheri, 320 lot Street, N.W., Washington, D.C. OK. The item 17 on your agenda involves,... Mayor Suarez: No, no, no, no. I just want a simple answer to a simple r' question, We've got detainees, we've got lawyers, and we've got courthouses. How do the three connect? Somebody answer that. So that people do not have to walk,at a reet level? Is that going to happen? Are they going to be able z to get to the Courthouse, to the court room, or chambers..,, yea, yes, how, haw, can somebody tall me? -is it underground, is it by parking connection: $3 Fobr�aary +,1' Commissioner Dawkins: Catwalk. Mayor Suarez: Catwalk, what? Mr. Smith: The intention is that a secure overhead walkway will be provided from the detention center... — Mayor Suarez: something. Is it shown on here? -because I don't see it. Maybe I missed f Mr. Smith: It's shown on the next to the last over -sized sheet. Mayor Suarez: All right, fine, that's all I'm interested in. pursuing that line of question. Commissioner Alonso: So the answer is yes. Mayor Suarez: I understand the rest of the concept, I... right. The answer is yes. I understand the rest of the concept. I understand that we did not have anything directly to do on the sites that you acquired to build a detention portion of this. I understand that we did approve, of course, the GSA building. And I understand that the parking facility is going to serve both of those structures which are, in fact, the next by the parking facility. Mr. Odio: Mr. Mayor.... Mayor Suarez: Whether we like it or not. Mr. Odio: I need to explain this because Commissioner Dawkins said we did not j inform him. What happened with the detention center, the City had nothing to do with that. They came down, the Federal Bureau of Prisons, and purchased the land next to the New World Center of the Arts. The Miami -Dade Community j College went crazy about that idea and they lobbied with the Greater Miami Chamber of Commerce and they lobbied the County, they lobbied with the City, to go to Washington - put all the lobbying efforts together to ask them not to build the, detention center next to the New World Center of the Arts. Which !' they own the land and they had not - they didn't have to ask anybody for permission to build. Mayor Suarez: I think the Commission is familiar with the history of that. Mr. Odio: They found with the Miami -Dade and the... but I need to explain to i it. -j Mayor Suarez: I think Commissioner Dawkins is aware of that. Mr. Odio: They then decided because they didn't want to go against the... �.'. Commissioner Dawkins: No, let me cut you off and tell you what... see, you're trying to tell me what my problem, and you're not hear... Mr. Odio: Well, you said we didn't inform you. Commissioner Dawkins: No, no,no. When we started out with this... z Mr. Odio: -.Yes. Commissioner Dawkins: ...it was one facility being considered, one.... ` Mr. Odio: And it still is, one. Commissioner Dawkins: One, not... P...f . Mr. Odio; And it's still one. Commissioner Dawkins: One facility being considered, OK7 Mr. Odio; And it's still one. Commissioner Dawkins: And at that time, my merchants from downtown complained y bacause they did not want a ,jail downtown, Right? 04 TO mwry,144j Boo Mr. Odiot Right. Commissioner Dawkinst So, therefore, according to my recollectionI an alternate site was chosen on which to put whatever it was that wale in kr- question... Mr. Odiot Which is this site. That's the site they accepted. � Commissioner Dawkins: All right, and at no time, did you discuss two facilities. Mr. Odiot This is only one facility that we're involved with. xt, Commissioner Dawkins: But, wait a minute, wait! Hell, it's two facilities. Y Mr. Odio: We are involved, the City of Miami, is involved with one facility. Commissioner Dawkins: OK, I'm going to tell you.... Mr. Manager, I am very - unhappy with the way... — Mr. Odio: Well, that's your... Commissioner Dawkins: ...hey, that's my privilege. Are you right? Vice Mayor Plummer: How many proposed... Commissioner Dawkins: I'm very unhappy with the way this happened, OK? And I think, in my opinion, the administration went along with them, and I didn't know what you all was doing and you all have cooked up a deal between yourselves that you got that I'm voting against. Mr. Odio: Well, I think this is the perfect solution to the problem that we '- had. Mayor Suarez: All right, maybe the, only solution, whether it's perfect or not. I wouldn't bet on that. T Commissioner Alonso: We have no choice. Vice Mayor Plummer: How many prisoners would be possible to detain. at this facility? What is the maximum capacity? Mr. Smith: The facility is designed currently, and this is design we'res proceeding with,. to have. approximately 1,000 cells. Vice Mayor Plummer: One thousand cells, which is approximately, I assume, 2,000 people. , Mr..,Smith: That's something that we have limited control over. s Commissioner Dawkins: Maybe 5,000 if they have to. y Mr. Smith: .And:that depends on the jurisdictional.... interior one ,,. . Mr. Odio: Have you seen the. of of these cells? It's better than - the hotel that'I stayed on in here. Vice Mayor Plummer: Have you seen the exterior of the Dade County Jail that what happens in the surrounding area around that thing? Mr. Odio: This is better than a hotel. Vice. Mayor Plummer: OK, let me ask this question.;. What happens if we don't; sell them this property? .Y� — u.. Ms. Weintraub: Lots 5 and 6 then, as part of the City the Fed0rai, ; x _project, Law 91iforcement Building, we would have to .construct parking, ;. x _ Xiy6r Suarez: Let the record. reflect Orlando Vrra wants to rent space this ,in OW 4001, mod. ;� � ir.�i .n Vice Mayor Plummer: You know,.. Mayor Suarez: You might want to check who your roommates are going to be before you...: Commissioner Alonso: Yea. Mayor Suarez; OK. Any further questions? Commissioners, we are approaching the magical hour and we've got to try to get at least our teeth into it if we're going to be courteous to the folks from the Allapattah area, at least one of their items, so... Vice Mayor Plummer: How high is this structure proposed? Mr. Smith: It will be approximately 280 feet tall. Vice Mayor Plummer: Twenty-eight stories. Mayor -Suarez: How many stories? -twenty-eight. The old, build the jail vertical idea, instead of horizontal. Vice Mayor Plummer: I withdraw my motion. From what I'm looking at here, that building is bigger than the other building. Ms. Weintraub: Yes, sir. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: What do you mean, they can still build it? Mr. Odio: They are going to build the detention center whether we want it or not. That's what I'm trying to say. They have the right to build whether we want it or not. We have nothing to do with that. The land that we're buying has nothing .to do with the detention center. Vice Mayor Plummer: What is the Chaille... what is this over here on the end? The Chaille block? What is... Mr. Joe McManus: That's the historic Chaille block which this Commission designated as an historic block approximately 1988. Vice Mayor Plummer: And they can't use that. Mr. McManus:- They have agreed. per a memorandum of understanding, which I =� discussed: with the Commission on January loth, I believe, of this year, a - i four-way memorandum of understanding with the Federal Bureau of Prisons, the State Historic Preservation Office, the national office for Historic - Preservation, and the City of Miami... . . "',11i Commissioner Dawkins: My fellow Commissioners... Mr. McManus: ...on how we were going to proceed to address the preservation. k of the Chaille block, which this Commissioner had designated. The discussion ,— .item, item number 59, is to indicate that part of the-.Chaille block, :the° arcades, encroachover on t" public sidewalk and are -in the'publ"ic right -of- wayIn order for the Fede4ial Bureau of Prisons to expend federal .funds on ,�'.. property, they must own the property, either by air rights:or.fee.simple. The: administration proposes, as a solution to that problem, to decrease the zoned street with _Miami Avenue, from 60 feet to 50 feet for the one block, to replat and to dedicate that sidewalk area - ten feet wide - to the Federal Bureau of I Prisons. In return for which, we visualize the Federal Bureau of Prisons, , ;., agai.n, would give us back a pedestrian easement over -the -ten feet. That 'would allow the Federal Bureau of Prisons to expend money on the arcades from the ., Chaille block which dates back to41913. ,E Commissioner Dawkins; One bit of... Mr. McManus; We're just indicating this to you because that process will 4 probably take six to nine months, as it wends its way through the platting process, } 3 # ommi sic�nsr wkcins; One bit of information for all of us... i e 4t r 2F 8 February t 3jg ' >.r,.... .. .'ate i. .. .. ;. . Commissioner Dawkins: One bit of information for all of us. You're going to put two buildings in the City of Miami that do not contribute at all to the tax base. You now have every jail that's in the County, in the City of Miami, that does not contribute to your tax base. You got every Dade County governmental center located in the City of Miami, on the City of Miami's property that does not contribute to our tax base. You have a deal trying to be worked out where they will take the present old jail, sell it to the County, and the County put another jail which will not contribute anything to your tax base. And then you want to know why citizens refuse to pass bond issues. Why should they pass bond issues for you to continue to subsidize governmental entities? You have got to start building something in the City of Miami that pay taxes and add to the tax bases. I went along with this federal jail because they said that it would not contribute - J.L. Plummer asked distinctly, what was it going to contribute to the tax base - they said, "Nothing." But they said we could not stop this building because the federal ! ! government had a right to do what it wanted. So the building I accepted, but I did not accept all these modifications that have been added to it. Mayor Suarez: I am inclined to... - -; 1 Ms. Mazaheri: Can I just say something? !'. Mayor Suarez: Wait - no, no, no. Ms. Mazaheri: No? Mayor Suarez: Procedurally, I'm inclined to take this item up after lunch. I _ know you've got your trip back to Washington. We've done the best we can, but it sounds like the Commission is going to want to continue discussing this, and we're going to try to do one other item before lunch here. So, we did the — best we can, unless you want to risk a vote, which may be unfavorable. All right, the item is tabled, both 17 and 59. There will be further discussion ` after lunch and we'll try to see if we can get a consensus of the Commission — one way or the other. Joe McManus put on the record a very complete explanation of what 59 really entailed, and that's very useful to us to know, _ anticipation of what other modifications are going to be needed for all of this to bs done in accordance with our historic preservation requirements. You want to try your item real quick? Commissioner Alonso. Commissioner Alonso: Yes, may I, just for a second, please. I'd like to inform this Commissioner I will not be here for most of the afternoon. So I'd like to know if the session will... - Mayor Suarez: Will you be here at 2:001 l Commissioner Alonso: ...will be back at 2:00 o'clock. - 4 Mayor Suarez: Will you be here at 2:00? Can you be here at 2:00 to complete thin item? �i Commissioner Alonso: OK, I can be here at 2:00 o'clock for about maybe 30-40 minutes, and I'm not certain I'll be able to come back this, afternoon for, reasons beyond my control. I have two things in items that I can take at 2:00 f, ;. o'clock, so that Commissioner De Yurre can take this item now. And..,, p Mayor Suarez: Are they quick things so that we can also try to get back to ' the discussion on the..OK. .. ` 4. Commissioner Alonso: Yes, I think it will be something that we will be able. . , to do. Vice Mayor Plummer: Two minutes, I'm going to lunch, {' Mayor Suarez: Let's get back at 2:00 o'clock. to _ $7 February 14, 1991 t� Y a AM NOTE FOR THE RECORDS At this point Commissioner Alonso informs the Commission that she will be absent for most of the afternoon session. 31. WAIVE TIME LIMITATIONS INVOLVED IN RECEIPT OF COMPETITIVE SEALED BIDS AND SELECTION PROCEDURES FOR ACQUISITION OF SERVICES, EQUIPMENT, GOODS / MATERIALS CONCERNING DEVELOPMENT OF THE CITY OF MIAMI YOUTH CENTER PROJECT, AT CURTIS PARK ------------------------------------------------------------------------------ Mayor Suarez: Commissioner De Yurre, on item 23. Commissioner De Yurre: Yes, Mr. Mayor, we have... the reason I wanted to have it heard right now is because we have Orlando Urra here, and a support group n from the Allapattah area that are supportive of the Curtis Park complex. Commissioner Dawkins: Move it and let's go to lunch. Commissioner De Yurre: And - I'll second the motion. Mayor Suarez: Moved and seconded as presented to the Commission. Commissioner Alonso: No. Vice Mayor Plummer: No, no, no, whoa, whoa, whoa. Commissioner Alonso: We have questions. =' Mayor Suarez: The item has been moved and seconded, unless the motions are withdrawn, please, please. This just means discussion, if everybody would as just sort of... Commissioner Dawkins: Anybody wants to discuss it, you can discuss it. Mayor Suarez: They have a right to do that, but they also have a right to move it and second it. OK. Discussion. What exactly are we moving and seconding? - Vice Mayor Plummer: Well, item 40, I assume, is what we're talking about. Mr. Odio: Item 40, you're waiving formal competitive bid and selection ; procedures for the acquisition of services, equipment, goods, or raw materials... Vice Mayor Plummer: Waiving bids... ' Commissioner De Yurre: We're talking about doing the same thing we've done f for Range Park, Wynwood, Roberto Clemente Park, and so on, so on, and so on. ` Mayor Suarez: As to how much of the total plan would we be waiving if this motion passed? -because I know that the funds are not available for the entire thing. How much is available in funds? Dr. Luis Prieto: Three point one million. >;.'.. Mr. Odios Three point one million.` cki Mayor Suarez: Where has that been sitting, by the way? -what account? Mr. Odio: It's a bond... it's from bonds. The Sunshine State pool bonds, and £k b{ otn�n ssioner.Alonso:> So what portion of the park are we going to be doing? i Q Yobruary .14,, f* s Mr. Odiot You will start in the area next to the river where the parking lots Grey the building which is the youth center and adjacent to the pool and the immediate area north - or I mean east - of the pool, all the way to the elderly center, and where the ramp is. And then we will have a new football field, and new baseball field and we don't know yet whether it will be tennis courts or racquetball courts and two more outside, outdoor basketball courts. Hopefully, the school board will have.., entertain to play the high school games there instead of the Orange Bowl which makes it easier for us as far as th ost is once rn d and we're tr in to develop also an Olympic track e c c e, y g field, but that is not part of this funding. Mayor Suarez: The funds are not available for that at this point. Mr. Odio: Might, at this point. Commissioner Alonso: How much money are we short? -almost two million? Mr. Prieto: No, one point... Mr. Odio: The total project is 4.6... Mr. Prieto: One point five. Commissioner Alonso: One point... Mr. Odio: The total project is 4.6, if we chose to do the whole project. We have 3.1 and that's we intend to spend at this time. Commissioner Alonso: I have one question and one concern and I'd like that the administration give me an answer. And it's the question of the maintenance for this roject - Mr. Odio: Yes, we figured that the additional cost of maintenance would be F $50,000. If the arrangements that we are trying to work out... - Commissioner Alonso: Fifty thousand dollars? Mr. Odio: Fifty thousand... Commissioner Alonso: The maintenance for this project? Mr. Odio: In addition to what we already have in the park, which is a hundred and seventy-five thousand. When we planned... Commissioner Alonso: So right now, we spend $170,000. Mr." "Odio: Seventy-five thousand a year. Commissioner Alonso: Seventy-five. One seventy-five is that we have now in the budget for this park as without the construction. Y, 1 Mr, Odio: We're .talking about additional... Commissioner Alonso: We will need an additional fifty thousand... xi-•" Mr. Odio: Fifty, if we do what we say we will do, which is the following. We have the Urra's people run the programs for the elderly in the building. If '�`` we have commitments from the school board to have the high school play there,;: they will give us money for maintenance of the football field. And the Miami- rt"; Heat and the City have been in conversations as far as the use of the basketball court indoors for their practice and that's in negotiations, and we gyp," should know better by March 4th. k,_ Commissioner Alonso: So the $50,000 you are giving to me now, it's on top,.. s Mr, Odio: Of the one seventy-five, ° Commissioner Alonso: Of the one seventy-five, but what if they take care of the tenter -and the Miami Arena will take care of another portion? And the Sports Authority... y� E - 89 i���ir�aa►:Aa ar�V t ME 70 { Commissioner Alonso: it is still we will have to pay the fifty thousand. Mr. Odio: The one factor I forgot is the Miami Exhibition & Sports Authority. has agreed that they would operate the... manage the building to keep that cost down. Commissioner Alonso: Do we have the money? Mr. Odio: The Sports Authority indicates that they do. Commissioner Alonso: And what about us? Is it going to cost... Mr. Odio: The additional cost to the City would be fifty thousand a year. Vice Mayor Plummer: That's impossible. Mr. Manager, whatever you have - and I'm going to dispute the fifty thousand - personnel alone to operate this facility has got to be double whatever you have there presently - personnel. Mr. Odio: But I think you didn't hear what I said, Commissioner. I said that the... Vice Mayor Plummer: Well, maybe I didn't Mr. Odio: ...Orlando Urra's people will run the program for the elderly. Vice Mayor Plummer: Correct. Mr. Odio: Right? Vice Mayor Plummer: OK. Mr. Odio: That's all you need there. You have the arts and craft and the sewing and that. Vice Mayor Plummer: I'm speaking of the football field, the maintenance of a football field, the maintenance of a swimming pool and all of that. Mr. Odio: We're maintaining the football field right now. All we're talking about now is putting first class Bermuda grass in there, and we have people in �_. the Orange Bowl that do that all the time. And they will come over and just maintain that field and... — Vice Mayor Plummer: And I'm hearing that they don't have adequate personnel now in the Orange Bowl. Mr. Odio: Well, I want him to tell me that in private. And I'll tell him, I know what I have to say., ' Vice Mayor Plummer: Look, only thing that I'm concerned about, I think it's a great thing for this community... Commissioner Alonso: Yes, it is. Vice Mayor Plummer: OK? My concern is that this facility, in no way, :- detracts or deteriorates from other neighborhood parks to where you've got to pull people out of Morningside or you got to pull people out of Flagami to put them into this project. Mr. Odio: That will not be done. That will not be done, I can assure you of; that. ' Commissioner Alonso: I, as Commissioner Plummer said, think it's a great y' project. One that I would like to see put into place as soon as possible. I ;., heve.coaceru about the maintenance that it's becoming a problem in the City of _ Miami. When I see parks where we have young children playing without a fence ;.` around, that park, that is a serious concern that I have, I think it's dangsrous. We don't have the money to do things like that. When I look at Sk some of our parks and I see the kind of maintenance that we are providing, —� it's not adequate. So, what I want is that we address all of these things at this time, that is the right proper time for the administration to tell us, x es �vs have the fuhds. We have y put into place whatever has to be dQn�►, and ' 4"IR It's going to be done. Because I don't want to hear at budget time, we .don't 90 Yebrusry 144 19i E } have the money. Find the money, close this, make that reduction, fire employees, because we don't have the money. All of these things, I want to know that we have the money, that we are getting ourselves into things that we are capable of handling. And if so, I'm for it. But I'd like to know from the administration and he seems to be in agreement with this, and if he is,_ put it in the record and we have no problems. Mr. Odio: tinder the conditions that I stipulated that we would not have anything to do, managing the building and that the school board would pay us for the maintenance of the field that they would be using for the high school games. I don't see any problem in having that... Vice Mayor Plummer: OK, putting that aside, as you know, I have a tremendous objection to waiving competitive bidding. Why are you proposing to do away with the normal competitive bidding procedure? Mr. Odio: The fact this is that you're not waiving the bids process. We would get sealed bids and the lowest bidder will get it. The only thing you're saying is, Mr. Manager, when you get the the bids, go ahead and give it to the lowest bidder without having to bring it back to the City Commission. That alone will save 60 days. It cuts back 60 days. All you're saying to me... Vice Mayor Plummer: But, Mr. Manager... Mr. Odio: ...is you have the right, when you get the lowest bidders bid in - by the way, sealed - whoever is the lowest bidder would get it. Vice Mayor Plummer: Mr. Manager, a project of $5,000,000, I don't think 60 days is too much of a deterrent. Mr. Odio: That's your prerogative. If you feel that you do not want to - expedite... Vice Mayor Plummer: Well, I can't vote to waive the competitive bidding or the formal bidding. I like the project, you've given us every assurance that this will not exceed $225,000 of cost. That Orlando Urra will operate that part of the facility, that the personnel needed to take this thing and keep it going, thatyouhave the money for it, but I cannot vote for waiving a formal competitive bidding. Mr. Odio: You have done that in many other cases. j Vice Mayor Plummer: No, sir, and I've objected it each and every time. Commissioner De Yurre: OK. call the roll. Mayor Suarez: OK, we have a motion and a s competitive bidding for this first phase to t and it's been roughly described in the record. Commissioner Alonso: And the difference - jus t d econd. The motion is to waive he tune of 3.1 million dollars, — Right? - one more question. t much. Commissioner Plummer is able to tell the Miami Heat the is that we're negotiating with it! f Yobruary 144 199t A4, K Commissioner De Yurret Well, let me finish with this... Commissioner Dawkins: Vice Mayor Plummar: Commissioner Dawkins: Overtown/Park West... You all getting what from the Heat? Oh, oh. You see, here we gol The Heat didn't do nothing in Commissioner De Yurre: They may not do nothing here either. Commissioner Dawkins: No - well, hey, no, no, no. I will not vote for this - me -Y if it hinges on your getting the Miami Heat to do something over there when they promised to do something over there in Liberty City and they didn't do it. Commissioner De Yurre: It doesn't hinge on them at all, Miller. Commissioner Dawkins: OK, well then... well, don't even call their name. Commissioner De Yurre: OK, I won't mention that word. But, as far as getting high school games, we've got to get the field prepared for the next season. Mayor Suarez: It's a cold day in Miami since we can't mention the Heat. 1 Commissioner De Yurre: So, we have to - you know, there are time constraints — about getting that field ready by September. Mayor Suarez: It is cold today, Chris. ` Vice Mayor Plummer: Well, you don't even know they're going to use it. Commissioner Alonso: We don't have any serious commitment as yet. = Commissioner Dawkins: From nobody. Vice Mayor Plummer: From nobody. s! Mr. Odio: Well, I... s� Commissioner Alonso: So, actually, 60 days will not make any difference. sf , Mr. Odio: I'm almost sure that - I could tell you 99 percent sure that -the school board will go for the playing the football games there because it just a doesn't make sense to open the Orange Bowl and spend $18,000 for a game that doesn't draw people and wearing down the... } { . Mayor Suarez: Well, we can affect that decision too by tightening a little , bit the conditions on the use of the Orange Bowl, which we've been thinking of doing for a long time, but we have no alternative 'to tell them.' Commissioner Dawkins: You cannot compete with Joe Robbie Stadium, and that guy has promised them they could play up there every time they want to. Mayor'`Suarez: I don't think they're going to want to go up there though. c' �= Vice Mayor Plummer: Let me ask this question, Is the football field' accessible to soccer? �A Mr. Odio: Yes. mice Mayor Plummer: You can use it for soccer?.` Mr. Odio: Yes. Vice Mayor Plummer: And does this price that you've quoted include all the .. Mr, Mot If we go to 4.6, yea. t$ MtyO t�ax� s Not wh4t we have now, but the ultimate total concept. � f } i qI� Q �a1t N / 109 d l gym, 55*# a Z f 1 w K Vice Mayor Plummer: And you're telling me that to light that entire situation, you can do it for only $500000 more a year. Mr: Odio: Additional cost. Yes. Vice Mayor Plummer: (WHISTLE.) Don't stake you job on it. Mr. Odio: Because when the football field is... Mayor Suarez: Well, to light the entire situation depends on how many events you're talking about, Commissioner. I mean, it's no... Vice Mayor Plummer: Well, I'm in favor of the project. I would like to see the project go forward as soon as possible, but I think when you're talking about a $5,000,000 project, it demands that we have competitive formal bidding. Mr. Odio: Let me give you a solution. We have that in, but you are doing that. The only difference is that I do not have to come here, put it on the agenda, and wait until you award the bid for us to begin. Let's do this. Let us decide who the lowest bidder is and we'll bring it back to you after the fact. Mayor Suarez: Can every Commissioner overlook that process? Mr. Odio: They can if they so choose. We are not waiving the competitive bid process. I wanted to repeat that. There will be... Mayor Suarez: Well, it sounds like we are. So... Mr. Odio: All we're waiving is the part... Commissioner Alonso: Exactly. That's what we have in front of us. Vice Mayor Plummer: Excuse me. Unless you're using a different language, let me very simply read... Mr. Odio: Wait, let me explain it. Vice Mayor Plummer: "Waiving a formal competitive bid and selection procedures." Mayor Suarez- What exactly are we waiving? -because it does read, "...waiving competitive bidding process." Mr. Odio: What you're waiving is the part of the procedure... } Mayor Suarez: That requires a certain time deadlines. t Mr. Odio: ...where we get the bids, we open the bids, we prepare an agenda item, we put it in front of you, you vote for the lowest bid, and then we can k start the work. Mayor- Suarez: Are you going to follow that procedure except as: to the timetable... F- Mr. Odio:- Except as to the bring them... that's right. Except as to bring... Mayor Suarez: In all respects. Sealed bids..." Mr. Odio: It will be sealed bids. Then you get the bid... Mayor Suarez: Delivered to the City Clerk, et cetera. Mr. Odio: Or to the Public Works Department. Mayor Suarez: Well, no, that's... I don't want Dr. Prieto to see them, . you a see*,, ; Jlr. Odioi Fine, so,•. z i A1n ` u y '41d Y - 4 ! i r l; Mr. Forge Fernandez: In essence, Mr. Mayor, what you're doing here is that { you're by waiving - and you're correct, Mr. Plummer - you're waiving the process, that doesn't mean that the Manager will not follow...: Mayor Suarez: We got that. . Mr. Fernandez- ...some sort of a competitive methodology that he deems _ appropriate under the emergency. Mayor Suarez: Well, he has gone beyond that. He has told us he's going to follow it in all respects, except for the timetable specified. Mr. Fernandez- And if that's what he states he will do, then that's what he'll do. - Mayor Suarez- That's going to be built into the motion, if it passes. Commissioner De Yurre: OK, so that's it. I just want this thing to pass, that's all I want. Mayor Suarez: All competitive bidding components except for the time = specifications are built into this, if it passes. You can live with that, Mr. _ Manager? Vice Mayor Plummer: Yes, I can live with that. Mayor Suarez: J.L. Commissioner Dawkins: Say what, now, Mr. Manager? What is it, Mr. Mayor? Vice Mayor Plummer: As long as it comes here for final approval. Commissioner Dawkins: OK, that's good. Commissioner Alonso: It will. Commissioner Dawkins: Now, Mr. Manager... Vice Mayor Plummer: It's got to come here. Ors: Commissioner Alonso: It will become to us. Commissioner Dawkins: ...you cannot tell me, since we're giving it to you, you cannot tell me that you cannot find any qualified black, Latin, female' people. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Dawkins: Huh? ' Mayor Suarez: No, we're anticipating that. We're anticipating you're notj saying that. All right? az Mr. Odio:Well, I want to... I have to understand this. You're saying that,I havetobring it back for final approval... Vice Mayor Plummer: Yes, sir. Mr. ©dio. ...does that mean that I can go ahead in the meantime and start doing the... �. t r Mayor Suarez: The whole process, yes. ` Vice Mayor Plummer: You can put out the specs, you can receive bids... Mayor Suarez: We make the final selection of the contractors, right? Mr, Qdio: Yes, well I can do that now, Mayor Suarez: We would do that if it was... XP Yfoa Mayor Plummer: But bring it back to us for final approval. SY i = A` 94 robroary 14, 199s 5 Commissioner Dawkins: And have local minority... c;- Mayor Suarez: As quickly as you want, I mean it could be done... Commissioner Alonsos Yes, Mr. Fernandez: The more you all talk and the less waiving you're doing, and so maybe the solution is... Mayor Suarez: Well, I'm suggesting that maybe they don't talk any more. But, you know, we can't stop them from it, so, I mean, where are we, Mr. City Attorney? Mr. Fernandez: Well, right now, the item, any approval, final approval, any contract, has got to come back to this Commission, which is not what the Manager was asking for. The Manager was asking to... _ Mayor Suarez: OK, we would have delegated the authority for him to make the selection and proceed to the contract, I see. Well, I think for it to fly, we're going to have to have one last look at it here, but it could be as early as the very next Commission meeting, if you did the process that quickly. I mean, there's no... Mr. Odio: See, but there's another... Mayor Suarez: ...limitation on time now. Mr. Odio: But there's a lot of misconception, Commissioner. This is not an award with 3.1 million dollar contract. Vice Mayor Plummer: I understand that. Mr. Odio: You have an award for two hundred thousand for the lights. You have an award for fifty thousand for the grass... Vice Mayor Plummer: I am not advocating my authority as a City Commissioner, to the City Manager. Mr. Odio: I didn't ask for that. 0 Vice Mayor Plummer: It's basically what you're asking here. Mayor Suarez: All right, with the proviso that we're waiving the time specifications of competitive bidding process, but not any of the other Ims elements, and that each particular contract will come to this Commission as quickly as you can get it to us, but for final approval here. Does the movant accept that? !MW Commissioner De Yurre: Let's go. Mayor Suarez: Does the second accept that? fi Commissioner Alonso Yes, and I also like to emphasize Ruder to look at the numbers of the maintenance because... Y Mayor Suarez: The operational side. Commissioner Alonso: ...,fifty thousand is very low and you will have to live with it. - Mayor Suarers The rest comes out of your pocket..: Commissioner Alonso: Yes. n= Mr. Albert Ruder: That's in addition to what we have now and it does not assuaae the building, which is a high maintenance... Commissioner Alonso: In addition to the one seventy-five that you say we have .. nnw_ us Vice Mayor Plurtmart what building? 'fait a minute. It doesn't assume what maintenance of }. Mrs Ruder: The Manager established some conditions that be... that we're working on several prospects, such as Mr. and operate the building, the building would Urra, to maintain Commissioner De Yurret Well, the Sports Authority would be in charge of that and oversee that, Mr. Ruder: And the Sports Authority also, so that what I'm saying is just.,. Vice Mayor Plummer: Well, OK, let... Commissioner Alonsot Yes, but the problem is if it doesn't happen, then what? Vice Mayor Plummert Then they'll say, I'm sorry, beat me, I made a mistake. Commissioner Alonso: Well, that's what I'm trying to avoid. Vice Mayor Plummer: Let me tell you something. When that facility is completed within, I assume, one year, OK, don't you dare come before this Commission and ask for a penny more than $225,000 for operation. Because if you do, I'm going to cut it somewhere else out of your other budget. Not other neighborhood parks, by the way. Commissioner Dawkins: OK, you've got my vote. Commissioner Alonso: That's right. Commissioner De Yurre: Call the roll. Mayor Suarez: OK, with all those provisos as to - and threats - as to the future operational costs, which I think very validly are being considered today - we didn't do that as to Bayfront Park and we got saddled with something that looks awful and cannot be maintained. Commissioner Alonso: That's very much in our minds. — Mayor Suarez: All right... tj Vice Mayor Plummer: I don't want you to get saddled with that, then you - saddled me with going down and operating it. Mayor Suarez: And we put Vice Mayor Plummer there in charge, and everything is going to be resolved now since that decision. All right, we have a motion` and a second. Any further discussion? :! Mr. Fernandez: Mr. Mayor... :e the only thing that having. metables. z: lication specifications' Ku ..A`. r r The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-126 A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE g MEMBERS OF THE CITY COMMISSION WAIVING FORMAT, COMPETITIVE BID AND SELECTION PROCEDURES FOR THE ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE REQUIRED FOR THE DEVELOPMENT OF THE CITY OF MIAMI YOUTH CENTER PROJECT LOCATED AT CURTIS PARK; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER TO UTILIZE CITY FORCES IN THE CONSTRUCTION OF SAID PROJECT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BIDS) FOR NECESSARY IMPROVEMENTS, SERVICES, EQUIPMENT, GOODS AN/OR MATERIALS FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR PROFESSIONAL DESIGN SERVICES IF REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $3,100,000 FROM THE CAPITAL IMPROVEMENT PROJECT OF THE SAME NAME, PROJECT NO. 331353; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. #� ABSENT: None. 1 THEREUPON THE CITY COMMISSION WENT INTO RECESS AT F 12:16 P.M. AND RECONVENED AT 2:09 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER DAWKINS. ---------------- --------------------------------------------- ----------------- FROM MOTOROLA COMMUNICATIONS AND 32. APPROVE PURCHASE OF 117 BRAVO PAGERS ELECTRONICS, INC., FOR POLICE DEPARTMENT (Project 312018). ------------------------------------------------------------------------ Mayor Suarez: ....recognize former City of Miami City Manager, Sergio Pereira. Well dressed, as always... Mr. Sergio Pereira: Thank you, sir. Mr. Mayor, thank you. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Pereira; What happened to him? Mayor Suarez: A lot of things have happened to him that we don't want to say can the record here today. But, we are otherwise back in session and called to order, including the present City Manager who sometimes is a little difficult to bring to order. The U.S. government still here? Did we woes up your Valentine's, counselor? it was not our intention to do that. It was... 97 February 14, 1991 5y = li Mayor Suaratt bid we mesa up your valentines, counselor, It was not our � intention to do that, it was circumstance. Otherwise translated to mean, those to my left, those to my right, which makes everybody up here. I don't know that we ought to take this item up until we have a few wore C:cmmissioners, .` Vice Mayor Plummer: I move item 18. (INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD) Mayor Suareza You have a shot at it now, I think. Vice Mayor Plummer: I move item 18. Mayor Suarez: OK. In the meantime, that item is... your item is tabled for a couple of minutes. Vice Mayor Plummera Which item. Mayor Suarez: The GSA et cetera, so we are on item 18 - been moved by Vice Mayor Plummer. Commissioner De Yurre: Second, Mayor Suarez: Seconded. Any discussion on item 18? If not, please call the roll. Commissioner De Yurre: I move items nineteen through sixty-two. Mayor Suarez: Call the roll on item 18, please. Vice Mayor Plummer: Move what? The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:` RESOLUTION NO. 91-127 A RESOLUTION APPROVING THE PURCHASE OF ONE HUNDRED AND SEVENTEEN (117) BRAVO PAGERS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 725-240-90-1 FOR THE DEPARTMENT OF POLICE IN AN ESTIMATED AMOUNT NOT TO EXCEED $23,224.50; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OBLIGATION BOND INTEREST EARNINGS, PROJECT NO. 312018, ACCOUNT CODE NO. 299401- `}} 840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE 1 CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER t, FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) T, Upon being seconded by Commissioner De Yurre, and adopted by the following vote: AYES: NOES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez None. Commissioner Miller J. Dawkins 98 33, ACCEPT BIDS: (a) MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. - FOR FURNISHING 12 STX PORTABLE RADIOS, AND (b) PEACOCK RADIO AND WILDS COMPUTER SERVICES, INC. FOR FURNISHING 700 PORTABLE RADIOS KEY BADS. Vice Mayor Plummer: I move nineteen. Mayor Suarez: Item nineteen has been moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion on nineteen? If not, please call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-128 A RESOLUTION ACCEPTING THE BIDS OF MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR FURNISHING TWELVE (12) STX PORTABLE RADIOS IN THE AMOUNT OF $33,000.00 AND PEACOCK RADIO AND WILDS COMPUTER SERVICES, INC. FOR FURNISHING 700 PORTABLE RADIOS KEY PADS IN THE AMOUNT OF $62,160.00 TO BE USED BY THE POLICE DEPARTMENT FOR THE DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT FOR A TOTAL PROPOSED AMOUNT OF $95,160.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OBLIGATION BOND INTEREST EARNINGS, PROJECT NO. 312010, ACCOUNT NO. 299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the and adopted by the following vote: AYES: Commissioner. Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins resolution was passed a. f; 11 ...r�.s.......r�.����-----r -- w----- r!_r---------. ---., — —.:------�----......--- 34. INSTRUCT LOBBYISTS TO PURSUE STATE FUNDING FOR, AMONG OTHERS, THE !: FOLLOWING PROJECTS: (a) PUBLIC HEALTH UNIT CENTERS FOR LITTLE HAVANA, OVERTOWN AND LIBERTY CITY; AND (b) CONSTRUCTION OF WYNWOOD CHILD CARE . ' FACILITY AT 123 N.E. 36 STREET ($425,000) (See label 70). ------------------------------------------------------- Mayor Suarez: Yes, Commissioner Alonso had a couple of items before she has to leave that we'd take out of order. Commissioner Alonso: Yes. One is in reference to item 58. I'd like to include two things to the budget issues for the legislature... yes, please, package for the session 191. One is the Public Health Unit centers for Little Havana, Overtown, and Liberty City, as a high priority, and... Mayor Suarez: OK, you want to make that in a form of a motion at this point? er` Commissioner Alonso: Yes, I do. — Vice Mayor Plummer: Well, let's get the other one. Commissioner Alonso: The other one is in reference to Wynwood Child Care, located at 123 NE 36th Street, and it's construction money of four hundred and twenty-five thousand dollars ($425,000). Vice Mayor Plummer: Second the motion. _ -_ Mayor Suarez: OK. As to those items being high legislative priorities, moved and seconded, and instructing our legislative liaison for lack of a better word, lobbyist, to promote those in Tallahassee. Moved and second. Any discussion? If not, please call the roll. _ The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-129 A MOTION DIRECTING THE CITY MANAGER TO INCLUDE AMONG _ THE CITY'S LEGISLATIVE ISSUES FOR THE 1991 LEGISLATIVE SESSION, THE FOLLOWING FUNDING REQUESTS: (1) ESTABLISHMENT OF PUBLIC HEALTH UNIT CENTERS FOR LITTLE HAVANA, OVERTOWN, AND LIBERTY CITY; AND (2) CONSTRUCTION OF WYNWOOD CHILD CARE FACILITY AT 123 N.E. 36 STREET. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following voter AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None.: ABSENT: None. ' 1. 5r,. COMMENTS MADE DURING ROLL CALL: Commissioner De Yurre: It's not... now are we going to take up this item later on today? Or are we adding items, right now, for good? i Vice Mayor Plummer: What items? R Mr, Fernandez: Well, it's announced for 3:00 o'clock, Mr, Mayor, so you, in siiffdrence to Commissioner Alonso could take it up now, but then bring it up �,. again at a later time, l40 February 44, 091 r it ve �a i ir`� ' Mayor Suarez: OK: e. Commissioner Alonso: Exactly. So I just wanted to add this, so when you take it, my items will be in. Commissioner De Yurre: OK, I vote, yes. - Vice Mayor Plummer: Oh, big deal. Commissioner Alonsot OK. Thank you. Vice Mayor Plitmmer: What is this on? Mayor Suarez: The same one, we are just calling the roll. Ms. Matty Hirai: 7ae two seems to be included to the legislative packet. F— ------------- 35. APPROVE THE NAME: LEOPOLDO FERNANDEZ FOR THE INTERNATIONAL STARS WALK OF FAME AT CALLE OCHO - URGE LATIN STARS, INC. TO FINALIZE INLAY OF PREVIOUSLY APPROVED NAME: FERNANDO ALBUERNE. ------------------------------------------------------------------------------ Mayor Suarez: Commissioner, one other item? - Commissioner Alonso: Yes. The other item is in reference to forty-six, the Latin Stars Inc. Mayor Suarez: Yes. I saw another memo come down the pike today on that. Commissioner Alonso: Yes. And I have some concerns. They gave us a list in this package, and as I recall on December 6th, I had an item in which I included... and it was passed unanimous in the Commission, Fernando, Albuerne —' to the list. Now I see that the list of the stars that are coming up, his name is not included in this list, and it's very disturbing to me, and I don't f="> know if perhaps Dr. Prieto, is he here? - he could give us an answer. - Mr. Odio: I understand you already approved Albuerne, this is more people. Commissioner Alonso: Well, yes, I understand that, but not necessarily. The package that we got, it says, "the following is a list of approved plaques !4. that are not currently installed." And his name is not in that list. And I wonder... ray Mr. Odio: This is what I have, I don't know. Vice Mayor Plummer: No, that's for today. Commissioner Alonso: No, that's the ones he is asking today, additional , names. Mr. Odio:. OK, I'm sorry. I see what you mean. Would you make sure that Albuerne is there? Commissioner Alonso: Now, I am very concerned about that, I don't know why 4 his name is not in the list when we explained that we wanted his to come as soon as possible. 1 'x Mr. Odio: Why don't you just put it? You said, you approved this, and Fernando Albuerne. Commissioner Alonso: No. I have another concern. Mr; Odio: -,OK, Commissioner Alonso: Then when we approved that list in December, and then :. -..; 3. # Mr, Iriatot That's right, late, late November, F 10 i h�ia'd 'aW h �e 4 T (ppy° pry f i r' Commissioner Alonso: ... late November,., '`- Mr. Prietos Might. Commissioner Alonso: ... another list. The name of Maria Conchita Alonso was not included. But now they tell us... Mr. Prietos Yes. Commissioner Alonso: ... February 20th, it's going to be installed. Mr: Odio: They said here that they are asking today... Commissioner Alonso: Mr. Manager, it says, "Maria Conchita Alonso is scheduled to receive the star on February 20th 1991." t Mr. Odio: She cannot, because unless... if you don't approve this. Commissioner Alonso: Well, I don't think she will, because I doubt if this Commission can really be changing things as rapidly as he wants us to. Mayor Suarez: Do we have control, effective control that you guarantee us Mr. - Manger, over these folks that are doing this? - Vice Mayor Plummer: Yes. You form a motion that says that the one that she request be done before any of the rest, period, amen. _ Mayor Suarez: OK. The thing is, we've done a lot of motions, and somehow it doesn't seem like... Commissioner Alonso: Not only that. I understood Commissioner Plummer, in December 6th, he said that, that's exactly what we wanted done, and that we wanted control on the names in the list, but not necessarily.. Mayor Suarez: Right. We wanted to exercise total dominion of the whole process. Vice Mayor Plummer: Yes, but you know their answer. Politicians don't know a_ s damn thing about artistic things. You remember their answer? ` Mr. Odio: Well, that's true. ,F Mayor Suarez: Except for that. We didn't want to get into the issue - just to have ultimate approval, just in case of... Mr. Odio: I think they used poor language here. What it should have said, please advise that we are trying to... the language is wrong. Commissioner Alonso: You are showing me a different paper, and here, it's very concrete. # Vice Mayor Plummer: No, that's in the backup. s; Commissioner Alonso: Did he request any permits already? Mr. Prieto: He has requested permits for all except five, for the stars. �. Some of the ones you previously approved have not been placed yet. r Mr. Odio: Why don't we do it this way. Unless you have not approved a name, �! he doesn't get a permit. fi " Mr. Prieto: That's a good idea. VNI Vice Mayor Plummer: Well, that was supposed to be.. Commissioner Dawkins: You know, I get confused. Now, Commissioner Alonso is not the only one confused. Commissioner Alonso: Well. r Comminaloner Dawkina: I am thoroughly confused. ' � Fri hY 102 YebrWsry 144u . §� k 'dice Mayor Plummer: artistic things. Wait a minute. Politicians don't know anything Commissioner Dawkins: Yea, but we know about attempting to legislate. Commissioner Alonso: Yes. Commissioner Dawkins: Now I remember all of us up here, and I said specifically, that these offerings should come before the Commission. And at that time, I was shouted down, approve everything that's on the paper. We did that, and then you come back, they came back with another piece of paper. Approve everything on the paper. And we still, as you said, unless this Commission is aware of what's happening, you don't know what's happening. Commissioner Alonso: That's right. Commissioner Dawkins: See, I'm with Commissioner Alonso. Whatever Commissioner Alonso approve, I'm on here side. Mayor Suarez: We have finally identified legalistically where it is that if you have our instructions exactly, correctly, we must stop anything that is not in accordance with what was decided here, which is that the building permit... You understand Dr. Prieto, and Mr. Manager, that nothing that hasn't been approved by this Commission maybe done out there, and that people are subject to being given a heavy fine, or arrested for trespassing, or something, if they try to go out there without approval of this Commission to start tearing up a sidewalk, and putting anything. Regardless of whose money it is. I think they have established that they're going to spend their own money. Mr. Prieto: Absolutely. Mr. Odio: If they don't ask for a permit, and they put a star, and you don't give them permission, I'll remove the star. Mayor Suarez: I think they have established that they are not going to ever profit from any, although the fact that they are nonprofit is not enough by itself. The fact that they have lost money, is not enough by itself, because they could be paying themselves huge salaries in connection with this operation. Vice Mayor Plummer: He and his wife. Mayor Suarez: Right. But you presumably have lookedattheir finances, and you know, have satisfied yourselves, and maybe Commissioner Alonso has taken a special oversight function here, that nobody is profiting from this thing, in the sense that we usually think of. You know, profiteering from it, for a lack of a better word. Dr. Prieto: Right. 9 s Mr. Odio: I think the... Mayor Suarez: Now the ultimate thing is however, that they cannot put these k, in place, unless we have approved them.;= Mr. Odio: I think the mistake... yes.. Dr. Prieto: That's right. Mayor Suarez: And you are the person, because you are the one that can stop' them. I mean, the Manager, obviously, but he may not know about it. You know, the department has to know. Anybody that is out there tearing sidewalks L and putting stars down, unless that has been approved by this Commission,, ;= cannot do it. Mr. Prieto; Absolutely. There are no stars being put down at this time that 2, E have not been approved by the Commission. �r Cptsaissioner Alonso: Dr. Prieto, how long it takes from the point he.makes a esquest, until the permit is granted? - the length of time? . 103 February 14, 1,991 1 X 71 f L Mr. Prieto: Actually, you approved some in November that he has not requested z. the permits, so it could be three or four months. Commissioner Alonso: But then why, one that is in the new list, he tells us A is going to be installed, February 20th? Mr, Odio: You know why? - because I think that he probably has the actress - coming down here, and he has to schedule when they are here. Maria Conchita Alonso is very busy, so. ,.` Mayor Suarez: Does he understand that he is supposed to also follow this Commission's timetable:.. Vice Mayor Plummer: How is she related to you? Commissioner Alonso: Well, not at all. Mr. Odio: Yes. Mayor Suarez: ... in order of priorities? Is that what you want Commissioner Alonso? Mr. Odio: They understand that they must get a permit before they... whatever. Mayor Suarez: Commissioner Alonso, do you want it built in to a motion that they must also follow the order of setting these down, that we have established, that we have approved? Commissioner Alonso: At least we should have some indication what is the system. I really... I am very disturbed to see that every time we have a Commission meeting, we are handed a list of names for stars to be approved, some of which don't make we that happy, that appear in our streets, because I think -.they might have in the future, plenty of opportunity to prove t themselves. They are extremely young, I don't think... I never thought that the idea of the Latin Stars was an idea to honor every artist. The idea was a little bitdifferentyears ago when it came... Mayor Suarez: Or to use it as a boost to anybody's career that is getting'-_ started, or anything like that. I—_ Commissioner Alonso: Exactly. So, I am not sure what is the idea that they have in mind when they select -the names. And now, seeing that they have ,ten or twelve people that are still waiting, and now he comes with six new names, and he tells us,_one of these...' it has to be approved right away, because the 20th of February, it's going to be installed. Do they build these thing in only a few days, or it was done prior to receiving our approval? Mr. Prieto: I cannot speculate on that. I really don't know. What^'we could i th t h ld t that the Cit Commission do, is if you want o, s a we s ou reques y ' should see these for a number of weeks before it comes to the Commission. jY Commissioner Alonso: I think so.- 1 � } Mr, Prieto: Perhaps, the background data of each artist thatt been �< . approved by their committee... :. ._, PP Vice Mayor Plummer: That's a good idea. Mr. Prieto: ... and give you enough time, maybe, 'a month or six weeks, to r_ mull it over before it actually gets on the agenda. Would that be preferred For you? Commissioner Alonso: Yes, I agree with that. And also, I'd like to emphasize• again, that Fernando Albuerne was requested, and approved by this Commission, be iause he is in poor health... ., Mayor Suarez; And his health is failing. He is old.:; Commissioner Alonao: it's failing, and we wanted to do it now, rather than later. So, that was the impression, And he told ;as that yes, it way s �� fi 104 lrebxuarir` 144j► 7 S E i r"t I going to be done. If he needs any help, I'm willing to give it, I am sure the rest of the Commission will be more than happy to help in any way that we have to, but I would like to see it done. And 1, for myself, I am not ready to continue in a system that is not appropriate. Leopoldo Fernandez on the other hand, it's a name that's been going up and down, and I think that perhaps, it's one that we should approve today, and ask him also to give a priority on this name. Mr. Prieto: fine. Mayor Suarez: You want to make that into a form of two motions, or one motion for both? Commissioner Alonso: So I will make a motion that... Commissioner De Yurre: Leopoldo for the star, and also that previously we approved... Commissioner Alonso: We approve the... Commissioner De Yurre: ... that we get a street named after him. Commissioner Alonso: Exactly. Mayor Suarez: And get those done before he tries to bring any more of these to us, please. Mr. Prieto: Yes, air. What about today's presentation? Would you want to...? Mayor Suarez: Sounds like the Commissioner would like to postpone consideration of that until we see that he is headed in the right direction with all of these, and the priorities that we have established. Commissioner Alonso: Yes, and perhaps, we can even take it as a pocket item in the next Commission meeting if the need exist. Mr. Prieto: Mayor Suarez: Sure.. We can... Mayor Suarez: OK, so, I make the motion that we approve... Mayor Suarez:. So moved as to those two. Commissioner Alonso: Leopoldo Fernando, and that again, we encourage him to complete the star of Fernando Albuerne. i; Mayor Suarez: And then we will handle the petition that is before us for the next Commission meeting possibly, as early as the next Commission meeting. Commissioner Alonso: Mr. Prieto: As a pocket item. Would you like to submit it? Mayor Suarez: weeks left. it could be an agenda item, as long as we've got two, Commissioner Alonso: An agenda, yes. OK, thank you. So moved and second. Any discussion? If not, please call x a Y The following motion was introduced its adoption: MOTION NO, 91-130 A MOTION APPROVING THE NAME OF LEOPOLDO FERNANDEZ FOR THE INTERNATIONAL STARS WALK OF FAME AT CALLE OCHOI FURTHER ENCOURAGING LATIN STARS, INC. TO EXPEDITIOUSLY COMPLETE THE INLAY OF PREVIOUSLY APPROVED NAME, FERNANDO ALBUERNE, ON SAID STARS WALK OF FAME. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. r.�s*:°tins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 36. BRIEF COMMENTS AND DEFERRAL OF: (a) CONSOLIDATION OF OFFICE SPACE FOR CITY DEPARTMENTS, AND (b) CITY -OWNED PROPERTY AT 236 S.W. NORTH RIVER DRIVE (Deferred to March 14th MEETING). Mayor Suarez: I was tempted to give this whole thing over to the Off -Street Parking Authority, seeing that our director is on his way out, and maybe, -he could solve it all before he leaves, but I don't know, it seems convoluted. Yes, Commissioner, anything else? We do have the U.S. Government here. Commissioner De Yurre: And this is the Miriam Alonso hour. Commissioner Alonso: Yes, and the other two items are, if in case I am not back this afternoon, fifty-two and fifty-six, that be deferred, if I am not, backbefore. ? _ Mayor Suarez: OK. As to items 52 and 56... V j,, l Commissioner Dawkins: So moved. Mayor Suarez: ... continue for the next Commission meeting, or you want it ' for the next regularly scheduled meeting? Vice Mayor Plummer: Fine. Mayor Suarez: OK. Moved and seconded. Any discussion? If not, please call, the roll. • Commissioner De Yurre: I think we've got Skippy Sheppard, maybe, on one of •�,. .: those items, I'm not sure. What number are you on, Skip? Commissioner Dawkins: We're on fifty-two, but she just deferred it. Commissioner De Yurre: OK, so that he is aware of that. Mayor•Suarez: You want to address that? As long as the Commissioner is here,. E;, who is seeking a continuance of the item, or deferral - whatever the proper:•. � term may be for a non -zoning item. — : k ' L Mr. Skip Sheppard: Well, I don't know what... my name is Skip Sheppard, Sheppard, I am enjoying the 26th year as General Manager of the Dupont T Plaza Center, Vice Mayor Plummer: No commercials. { t y {iAr" �ti F �R1I ut t x s " t Mr. Sheppard: Well, this is not a commercial, this is the hotel that has a space offering to the City Commission: 4 Mayor 3uareet Don't argue with him, because if you argue with him, then that, constitutes a commercial, all right? Go ahead. Mr. Sheppard: But the reason I can't... I don't know... I made a proposal to Dr. Alonso, and hopefully, are were going to get together and have a meeting and discuss it. So, I don't know what is coming up today, or what you plan to come up today with... Commissioner Alonsot Well, what we are trying to do, is consolidate the departments. I was appointed the responsibility to look at the possibility of having an administration building for the City of Miami... Mr. Sheppardt Yes. Commissioner Alonso: ... either the construction, or the consolidation of the buildings. And that's exactly the item that we are discussing. I don't think that I'd like to go into this item now because it will take more time than I can actually keep, and I cannot leave in the middle of that item. And I'm sorry, because I stated early that I couldn't stay much longer than... in the next four minutes I am going to leave, and I don't think we will have enough _ time if we go into the item, as to do so. So if I am back this afternoon, we _ will have an opportunity to go deeper into the matter. If not, it will have to be deferred until the next Commission meeting. Vice Mayor Plummer: Let's just defer it. Mr. Sheppard: All I am asking was consideration. Commissioner Alonso: I think I have given your building as any other building that was presented to us. We had public hearings, and we had two session, and the administration was present, and we are taking into account all the properties that are leased now by the different departments of the City of - Miami, as well as any proposal that was presented to us. And we are trying to ;. get the best price for the City of Miami to consolidate all the buildings. And that's exactly what we are doing, and I will present my recommendation. �. If you want to meet with me again next week, I will be happy to do so, and I will explain to you in detail whatever doubt, or question you might have. "— . Mr. Sheppard: Now, the only question I have Dr. Alonso, is that with all due respect, you said you want to meet with me, but you never got around to it. We never did meet. Commissioner Alonso: Well, if you want to meet with me, it's fine. If you haven't been able to obtain an appointment, I'm sorry, maybe it was a mistake in my office, but the truth is, your building has been taken into consideration. We know how much you are charging the City of Miami right now. We have proposals that you have submitted to the City of Miami,, and we have _ taken everything into account, so definitely, your building has been examined,, but if you feel that you have further details to provide to me, I will be more than happy to meet with you. Mr. Sheppard: Well, I'll be very happy to meet with you, regardless. I'd- .`. like to...;: Commissioner Alonso: OK. Thank you.° Mayor Suarez: Who pays for lunch is what we want to know? All right. Mr. Sheppard: I'm concerned that I just want to be heard before you make .a decision. Commissioner Alonso: Definitely. And also, I will be more than happy to ` listen to you. And I am sure ray colleagues at the time that I present to you my -final decision, they will listen to you, whatever you have to say, and it { ° will, be taken into account. OhOPparda OK, Whenever you're ready, I'm ready. Thanks you very much. .r, Alonso: Thank you, OK, great. at .9mminsioner -1V1 107 rebm#ry 44, ' •: f yY' _ aIR6 3� f vow", i Mayor Suarez: All right, as to those items being continued for the regular k session, first session in March, call the roll, please. That will be the; ::. 14th. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY ,. COMMISSIONER ALONSO, THE ABOVE ITEM WAS DEFERRED TO THE COMMISSION (' MEETING ON MARCH 14, 1991, BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez i NOES: None. _ ABSENT: None. NOTE FOR THE RECORD: meeting at 2:30 p.m. Commissioner Alonso left the 37. (Continued Discussion) AUTHORIZE: (A) AGREEMENT WITH UNITED STATES OF, AMERICA FORPURCHASEAND SALE OF CITY PROPERTIES (9963 019.71 - CAPITAL PROJECT 311014) FOR CONSTRUCTION OF NEW FEDERAL LAW ENFORCEMENT _ BUILDING/GENERAL SERVICES ADMINISTRATION BUILDING; AND (B) THE PROPOSED _ DEVELOPMENT OF A METROPOLITAN DETENTION CENTER AND THE MEANS BY WHICH ; - CITY CAN FACILITATE PRESERVATION OF THE HISTORIC CHAILLE BLOCK, AT 401- - 445 Ni MIAMI AVENUE, AS PART OF PROJECT (See label 30). .: �f--------- --- ------ ----------------------------------------------------- —W. Mayor Suarez: GSA lease so that we could et that resolved. Y , please, g Commissioner Dawkins: Mr..Mayor, before you... I have a pocket item. Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: Where is Mr. Sonny Wright? Mayor Suarez: Not in the chambers.At anytime that he walks in Commissioner,` we will take up his item. Commissioner Dawkins: Thank you, sir. Mayor Suarez: All right. The GSA so that you can go back to your Valentines ,- day appointment. I'm not just putting that in the record, I mean she did tell ou were just recently engaged,madam counselor? - in me she has a... is it, y j YJT Washington DC, of all places. Why not Miami, you say? j.. '.. Ms. Mina Mazaheri: Actually, I got engaged in Florida. Mayor Suarez: You were engaged in Florida. That's the place to get engaged-. �`¢.. r..t: All right. Vice Mayor Plummer: They'll do anything to get out of the snow. t omminxiopor Dawkins: We lump seventeen and fifty-nine? Is that what we did? Mayor Suarez: Yes, We were looking at the implications as stated by Joe MoManua, rather cogently on the record. - - 108 17�1n -y- red �11i!!� Commissioner Dawkins: All right, I trove seventeen, and then I can get in that other one. Mayor Suarez. So moved, as to seventeen. The two iota in question, to sell them. Vice Mayor Plummer: Well, I would prefer to hold up. I think they go hand in hand, regardless of anybody what they want to tell me, and let's hear what they have to say on both of them, and then we will make the decision. Commissioner Dawkins: All right. Mayor Suarez: OK. Well let me take it as part of the discussion on seventeen. Do I have a second on seventeen, I think we had a sort of reluctant second before from one of the Commissioners. Ms, Hirai: Yes, sir, we do. Mayor Suarez: Thank you. OK. Can you just quickly restate the issue presented by the fifty-nine. I was thinking of Joe, since he did it so well, and briefly, and what real relationship it has to seventeen? It isn't all that direct, the relationship, but maybe you can.., right. Mr. Joe McManus: The two facilities are on the same block. That is the... Mayor Suarez: The same lot, you mean the same...? Mr. McManus: The same City block. Mayor Suarez: lot, please. City block. OK, don't say lot, or anything that sounds like Mr. McManus: You can see that on the overhead projector. The two lots concerned with seventeen are shown.in yellow. Mayor Suarez: We are being told as to... listen to this argument here Joe, and maybe you can answer it, so that we can get it clear. We are being told as to the detention facility, that we really have almost no discretion. It's land not owned by us, and they want to build it there. We are also being told f that as to the parking lot between the GSA building, of which we are a great f part, and the detention facility, that we must simply, or we should simply sell them those lots, right? - which is what we were doing on item 17. Is f that correct? - for a total of almost a million dollars? - cash in hand? I mean, no promises, no pledges, no you know, post war or payments, or anything like that, we get, it now? Not today, she says. She is still concerned about getting back to Washington DC. All right ° Mr. McManus: Check's in the mail. Mayor Suarez: Now, as to the detention facility, this tower there that some of us may have at some point confused with the GSA building, because I don't; know that we always knew clearly that there would end up being two huge structures there. There are some items, fifty-nine, that you are warning us { that at some point, we are going to have to approve, related to the: historic r: preservation of it, or something?' " Mr. -McManus, Mr. Mayor, referring to the overhead slide... Mayor Suarez: That's what fifty-nine is about, right? That's what item 59 is about.UeV Mr, McManuss That's what fifty-nine is, the preservation of the Chaille block " which is located to... which is shown as item... which is shown in C. The Federal Bureau of Prisons has agreed to preserve most of that block. '` Mayor -Suarez: OK. You're referring to it now as the Chaille block, which I �y 3° guess is your pronunciation of the word, C-H-A-I-L-L-E? �d ter, Mr 10444au3t Correct, Mayor Suarez; All right, and does than coincide- with where ,the distention b iildl g ' or ty � Of this: complex is going to be? ' � +a. _ '3 P A Mr. MdManuat The Federal Bureau of Prisons will preserve the first thirty- four feet as the Chaille block. Mayor Suarez: But noes the footprint coincide? Is that where the tower is going to rise? Mrs McManust And then immediately behind that, the tower... Mayor Suarez:;: This thing that we have found is twenty --eight floors, or something? Mr, McManus- Yes. Immediately behind that. The concern of the discussion item was, that the Federal Bureau of Prisons, is agreeable to preserve most of the.Chaille block. Mayor Suareze If they were not agreeable, what could we do, or should we do; if they were'not agreeable? Just... Mr. McManus: Well, they have already... Mayor Suarez: What constraints do we have? The same as always with historic preservation? Mr. McManus: On January loth, you authorized the City Manager... Mayor Suarez: We can hold it for six months? Is that the same as always? Mr. McManus: You authorized the City Manager to sign a memo of agreement with four parties. To agree to work together to preserve the Chaille. Mayor Suarez: I understand we want to do it together, and all that, I am just hypothesizing. If they didn't want to do what we wanted them to do, what would be the maximum of our powers? We could hold them up for six months? - or we don't even have jurisdiction over that, because it's the federal. . ; government. Mr. McManus; Mr. Mayor, I would.., the Federal Bureau of Prisons only ;.`. reluctantly, has agreed to preserve the Chaille block. Commissioner Dawkins: That's not what he asked you. Mayor Suarez: I'm just now talking hypothetically, Joe... Mr. McManus: Yes, but the most we can do would be... Mayor Suarez:- ... so we can understand where .we are legally .;and jurisdictionally, vis a vis the federal government. That's all, Joe. Mr. McManus: ... to delay a demo permit for six months. X Commissioner Dawkins: That's all. Mayor Suarez: Right. That's all our jurisdiction is. We can 't-,*therwise ... tell them anything else. We can work with them to try to preserve. the... Vice Mayor `Plummer: No, no, no. When I find Indian bones under there, it"s w going to be three or four years. Mayor Suarez: Now, when J.L. plants, and then finds Indian bones underneath' A. .'. there, then we can hold J.L. for a few more years. ' Commissioner Dawkins: OK, what also you've got?; Mayor Suarez: I want you to know, counselor, they are liable to do this kind ' of stuff. I don't want you to go to Washington, thinking it's hunky-dory here Y in Miami. All right, so then... k u Commissioner Hawkins: What else? - Mayor Suarez; S • , fifty-nine is just warning us that later on, we are going to have to be approving the use of the easements so that they.,. and making a F tiffs street a little less wide, right? A 110 rob nm t4j 1�99 Mayor Suarez: So that they can put the overhang in the same way as it was historically, at cetera. Mr. McManus: Along this sidewalk here, we are going to have to reduce the street with... and do a replat, turn that property, the green strip... Mayor Suarez: But we are doing all this. We're going to have to do all that, so that we comply with our own historic preservation guidelines. Mr. McManus: Yes, Mr. Mayor. Mayor Suarez: That's what I want to clarify. I don't want to make it sound like you know, like the Federal Government isn't willing to cooperate, or they are trying to impose this on us, or they want to shorten our streets, or make them more narrow,.or whatever... OK. Otherwise, we have no jurisdiction over what goes on in that plan. Mr. McManus: Yes, sir. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: OK, Commissioner Dawkins. Thank you. That's the kind of... Commissioner Dawkins: How many jobs does this create? Vice Mayor Plummer: Two thousand. Mayor Suarez: During construction? Commissioner Dawkins: No. The permanent jobs. Mayor Suarez: And in permanent, both. Give us both. During construction and permanent. Does anybody have any estimates? We have rules of thumb here on these kinds of things, based on the amount... Vice Mayor Plummer: Two thousand prisoners. Mr. Odio: Two thousand fifty. Commissioner Dawkins: OK, hold it, hold it. I mean, I can live with that. Mayor Suarez: Two hundred and _fifty? Commissioner Dawkins: Two thousand prisoners. They'll probably take three correction officers per prison, divide that into two thousand, you've got seven hundred employees. I ain't got no problem with that. r,, t, Mr. Odio: I was told at one time... Commissioner Dawkins: No, no, no. We're going rule of the thumb, I'm going to go rule of the thumb, all right? I don't like this, because I don't like the way it was handled, but with the economy what it is, and I am pretty sure 4. that if we head that up right now, we could put at least two hundred people from Eastern airlines to work. So, I mean, let's quit pussyfooting _around,Zt and although I am against it, and I will never forgive the Manager and his staff for the way I feel that this was handled, I move seventeen and fifty- nine, and get rid of it, and let's get out of here. ga Mayor Suarez: OK. As to item 17, because fifty-nine is for discussion, but f fift - i are included in the same mot -inn understanding the caveats o Commissioner Dawkins moves it. We had a second, I think. We had a movant, , didn't we? OK. Any further discussion on it? Commissioner Plummer, did you f; want to ask anything else, Vice Mayor? ' r The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-131 A RESOLUTION, WITH AN ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE FOR THE PRICE AS STATED HEREIN BETWEEN THE UNITED STATE' OF AMERICA ("PURCHASER") AND THE CITY OF MIAMI ("SE)I-,V ), FOR THE SALE OF PROPERTIES (MORE PARTICULARLY DESCRIBED HEREIN) BY THE CITY OF MIAMI FOR THE TOTAL PURCHASE PRICE BY THE UNITED STATES OF AMERICA OF $963,019.71; FUNDS FROM THE SALE OF SAID PROPERTY TO BE APPROPRIATED UPON RECEIPT IN CAPITAL PROJECT NO. 311014 ENTITLED "FEDERAL LAW ENFORCEMENT — BUILDING" FOR THE PURPOSE OF DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTION WITH THE PURCHASER AS EARLY AS PRACTICABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: *Vice Mayor J. L. Plummer, Jr. ABSENT: Commissioner Miriam Alonso. COMMENTS MADE DURING ROLL CALL: *Vice Mayor Plummer: I don't want two thousand prisoners downtown, I vote, no. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Thank you. Enjoy your valentines, and we will see you back I guess, on historic preservation at some point, and we are pleased that you are working with us... Commissioner Dawkins: Push that down too, just build it, and get out of here. Push everything down, put the building up. Historic preservation, and everything, forget about it. Put me at president up there and forget about it. Mayor Suarez: You hear it from one Commissioner who is not particularly concerned about that aspect of it. All right, and he does want construction to begin, the sooner the better, to provide jobs for our people. That's is clearly our number one concern.4 >t Commissioner Dawkins: It is, Mr... you're right, Mr. Mayor. Mayor Suarez: In particular, in view of the 112 t Eastern airline fiasco. All �r I FEW i In, 4' YSdLr+i---- ti-rii:i----a..oa.i.—.i------riw.r.:.------r_—_a.----------W.fi.YrriMrrLirJiiYi:YK ..' 38, EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH: BELTRAN ALEXANDER & ALEXANDER TO SERVE AS INSURANCE BROXERS FOR THE CITY; FOR THREE YEARSf Yx:< WITH ANNUAL REVIEW, AT CITY''S OPTION. ---------------------- ---------------------------------------- --------- Mayor Suarez: Item 21, are we up to? - twenty, what are we up to? 1= Vice Mayor Plummer: Twenty._ Mayor Suarez: Twenty, thank you. Vice Mayor Plummer: We've done nineteen.' Vice Mayor Plummer: What are the names, Mr. Manager? Mr. Fernandez: It's a new resolution. Mr. Sujan Chhabra: J & H. Vice Mayor Plummer: What? t Mr. Chhabra: Johnson and Higgins. -C1 Vice Mayor Plummer: Johnson and Higgins. Mr. Chhabra: And Beltran, and Alexander and Alexander. Vice Mayor Plummer: Who? Mr. Chhabra: Beltran, Alexander and Alexander. Commissioner Dawkins: OK. Vice Mayor Plummer: And not to exceed, how much? _ Mr. Chhabra: Eight hundred thousand dollars ($800,000) is the total premium. Commissioner Dawkins: OK, all right. When J.L. finish, I've got some s questions. Vice Plummer: OK.-- The only proviso I want in here, this is to send it sa -Mayor to the Manager to negotiate, but come back here for final approval. Commissioner Dawkins: Well, I've got more than that. Mr. Chhabra: I'm sure, Commissioner Dawkins: I've got some more to add to what he said, that's all. ri Vice Mayor Plummer: Go ahead, that's it. Just as long as that's... k':! Commissioner Dawkins: OK. Is the first group here? The first group, whoever you called, are they here? ' Mr, Chhabra: Johnson and Higgins? Yes, they are there. �. Commissioner Dawkins: All right, How many Blacks and Latins you've got with w, you, in your firm? Come to the mike, sir, please, OK, Mr,.. Sujan, how many Blacks he's sot with him? - because he don't seem to know. + .. . Mr, Chhabra: I'm getting that right here, sir. Commissioner Dawkins: Or, he pays you, to keep up with how many Blacks in his firm? That's what he pays you for? ,t h f Mr, Saul i %ndosbergi No. —om�cmjssioner Dawkins: You are his minority officer. 3 ASS , E z �x . `3fRy"Fa sr i - i ; ( 3 i Mr. Landesberg: No, we... Commissioner Dawkins: Well then somebody... it has to be you, getting some ;. profession stuff from him. Vice Mayor Plummer: You've got so many, you can't count that high. �C Mr. Landesberg: Our office provided the... the breakdown of our local office. _ Commissioner Dawkins: Beg pardon? Mr. Landesbergt We have the breakdown of our local office. Commissioner Dawkins: How many Blacks do you have in your firm? Mr. Landesbergt Two Blacks in our local office. Commissioner Dawkins: How many... OK, let me rephrase this. Mr. Landesberg: That was the original question that we researched. _ Commissioner Dawkins: All right, no. I'll go this other way. In your firm, what percentage of your firm is owned by Blacks? Mr. Landesberg: None. i 1 Commissioner Dawkins: None. All right. Now, for the last... how many years you've been... your firm has had this contract? Mr. Landesberg: It's been in excess of ten years Commissioner Dawkins: Ten years? All right, and it has been approximately, eight hundred thousand dollars ($800,000) per year that we have spent with you,.and eight times ten is eighty million ($80,000,000). _ e Mr. Landesberg: Most of that money is insurance premium dollars. Our firm OR earns commission off that, which is a much smaller percentage. ` Commissioner Dawkins: Beg pardon? ~' Mr. Landesberg: The eight hundred thousand dollar ($800,000) represents insurance premium. We, Johnson and Higgins, are the insurance brokers, which receive a commission of that, which is much lower than the eight hundred •' thousand ($800,000) per year. Commissioner Dawkins: All right. Off the top of your head, you handle eighty million ($80,000,000), what was the percentage of your fee over ten yearsfor the eighty million ($80,000,000)? - that you handled. Mr. Landesberg: That wasn't eighty million. Mayor Suarez: Eight million. Mr., Landesberg: Eight million.: Mayor Suarez: Right. : Commissioner Dawkins: OK, eight million. No, yes, ten times eight hundred,. eight million. Mr. Landesberg: Eight million dollars ($8,000,000). And ours has been j. ,• approximately ten percent. Approximately. Mayor Suarez: Ten percent of that would be back to what the total figure Is " for. one. year, eight hundred thousand dollars ($800,000). All right. Sp you have made it... Landesberg; That's over the ten year period, - i►ice, mayor Flummer;. Is.that included in the eight hundred, or above? t ' d : 114 Yebruery 44�,4991q_ �A Commissioner Dawkins: All right, now, I'm going to make it easier on all of US e I am going to round that off at one million. Over the ten years, the Blacks in your firm received how many of those dollars, or what percentage of the money that you got? P,. �— Mr. Landesberg: In our office in Miami, which we have thirty employees total, we have two Blacks. #= k- Commissioner Dawkins: I don't want to know about no employees, I want to know 4 about people who share in the profit.` 1= F= Mr. Landesberg: The owners of the firm? Commissioner Dawkins: We have all worked on plantations all our life, and we ` never owned the plantation. I don't want to know who worked on the plantation, I want to know who the owners of the plantations are. t Mr. Landesberg: Our firm has no Black owners. - Commissioner Dawkins: No Black owners. So therefore, no Blacks share in your s profit? Mr. Landesberg: They share in the profit through our profit sharing programs ;r in the company, pension plans, as well as of other people. A firm out of seven thousand employees in the United States, is owned by thirty-nine - people. Commissioner Dawkins: OK, good. Now, that you... I'll ask my question again. If there were no Blacks in your company, then no Blacks shared in the profit that you made from this contract? Mr. Landesberg: No, that is not true. The owners of the company, which are thirty-nine owners out of approximately seven thousand employees, provide the employees with employee benefit programs which include profit sharing, and things of that nature. Bonus programs, and the money trickles on down to all employees, whether they be White, Black or Hispanic. Commissioner Dawkins: Would the profit sharing that you shared with those Black people whom you talked about, was that taken from your profit, or was that put in as operational expenses, and therefore, you charged it off as operational expenses, and it did not show in your profit at all? Would that i'- be a true statement? Mr. Landesberg: The profit sharing is based on the net profit of the company. Commissioner Dawkins: I'll rephrase my question, and maybe me and you will get it together. Would you say that the profit sharing which you have alluded to, did you count that in your net profit gain that you set down, and paid dividends to the non -black people in your company? x Mr. Landesberg: The profits of the company distributed has nothing to do with race, creed, or anything. Commissioner Dawkins: To you, it doesn't, but to me, it does. To you, it doesn't. See, and all I need from you, is a yes, or no. Mr. Landesberg: Well, I really can't answer that. The way the profit sharing is based on... Commissioner Dawkins: All might, and I'll tell you, no. No, I won't do that, I'll say... Mr. Landesberg: But that is not a correct answer. Commissioner Dawkinss No, well, I'll assume... well hey, I'll assume, no. Now, you can't tell me how to think, now.; .v fir• Landesberg: ox, I cannot tell you then, f �omm er Dawkinss No, you can't tell me how to think. x d l l5 February 14* 1991 sr y, .. t zo Mr. I;andaab6rg t No, i itft not aayitig... I can't tell you how to think, can just tell you heat our company operates. ` Commissioner Dawkinst OK. So therefore, no Blacks received any... and over eight years you did not see the need to acquire a Black partner in this deal? L ;.° Mr. Landesberg: There are no Black partners in the firm. That would be a correct statement. Commissioner Dawkinst All right, thank you. Who is the second group you recommend? Mr. Chhabrat Alex.., yes. Commissioner Dawkins: All right, will Mr. Alexander come forward? Mayor Suarez: Let me... before you do that, let me get the rest of the composition, so we have no problems. Commissioner Dawkins: Go ahead, I'm sorry. Mayor Suarez: Sir, what was your name again, sir, before you leave the mike? - I'm sorry. What was your name again, sir? Johnny, wait a minute... Mr. John Beltran: Oh, I'm sorry. Mayor Suarez: let me just ask him a couple questions. Mr. Landesberg: My name is Saul Landesberg with Johnson and Higgins. Mayor Suarez: Before you leave, would you just put on the record, so we have a complete picture, your Hispanic ownership percentage, if any. Mr. Landesberg: That has all been provided. x Mayor Suarez: I just want to know for myself. We've got a lot of documents to look at. Mr. Landesberg: There is no Hispanic ownership. Mayor Suarez: All right. And how about women ownership? Mr. Landesberg: As faras owners', none. sue:: ' Mayor Suarez: OK. And you have otherwise given us a percentage of the work force,'and at managerial level, and so on? e Mr. Landesberg: You have a complete work force. Right. Mayor Suarez: Is the work force in a little bit better shape than the _ ownership, I 'presume, in terms of minority participation given that... you know, the City of Miami, just so that you would know... Mr. :Landesberg: Yes, it is. Vice Mayor Plummer: It's got to be better, sir Mayor Suarez: The City of Miami... it's got to be better by definition. The City of Miami, we'have estimated that upwards... ' r 11 Vice Mayor Plummer: Zero, zero, zero,. i Mayor Suarez; .., as many as ninety percent of our entire voting population 1 is either Black, Hispanic, or women. So, you know, we have a policy of... # yVice' Mayor Pl:unmers Eighty-nine. p�4", layor'Suarez: jighty-nine. Plummer is an exception, and we are figuring �' b out ways tip Set ri4 of him, toot , Viewer Mayor Plummers There goes the ninety. q f . 4 -f3•`I Mr. Landesberg: Our office in Miami, is more than half Hispanic. Mayor Suarez: As far as the employees, and that... at all levels, all the way up to managerial? Mr. Landesberg: Yes. We have as far as professionals. Mayor Suarez: OK. And is that all provided, Sujan? All right, thank you, air. Mr. Landesbergs Thank you. Mayor Suarez: Sorry, I just wanted to get the entire picture in. And what company do you represent, sir? Mr. Brian McParxland: Sir, I am with Arthur J. Gallagher, we have not been recommended to this point. Mayor Suarez: You have not been recommended. OK, we will hear from you in a second, but we are pursuing the Commissioner's line of inquiry as to the ones recommended. Commissioner Dawkins: How long have you had this contract? Mr. John Beltran: I never had the contract. Commissioner Dawkins: You never had the.. Mr. Beltran: I am being recommended for the first time, sir. i Commissioner Dawkins: OK. Sir? Mr. Beltran: I said, I'm being recommended now by the selection committee for — the first time. - = Commissioner Dawkins: For the first time. Mr..Beltran: Yes, sir. Commissioner Dawk'.c.s: Now. Put your name and your company... I mean .your address on the rec rd, please. Mr. 'John Beltran: My name is John Beltran, our first name... our firm s name is Beltran, Alexander and Alexander, 7000 SW 97th Avenue, Miami, Florida. Commissioner Dawkins: Well, Alexander and Alexander, whatever, do you -;have any Black partners? Mr. Beltran: Yes, sir, I do. Commissioner Dawkins: Who is... I mean, how many? Mr. Beltran: Well in Miami, we have one co -broker, the firm of beneficial" ... financial group, represented here by its president, Mikal Hamin... sorry,;' `-�- right behind me. ' Commissioner Dawkins: And the rest of your company, you've got what?' 1 31 Mr. Beltran: Commissioner, we use a number of Black partners throughout the . ,_. United States. Commissioner Dawkins: OK. Mr. Beltran: You know, I can get you a list by City... Commissioner Dawkins: No problem. Unidentified Speaker: How many women? Commissioner Dawkins: How many women? k{ T J y j Mr. 13e1tran: Women, seventy-seven percent of our employees, Commissioner, are women. Commissioner Dawkins: No, owners: We are talking about owners now, Mr. Beltran: owners, we are a public company, with all of our employees are owners of the Company. Commissioner Dawkins: How many Latins you've got in your company? Mr. Beltran: In the Miami operation, we have seventy percent Latin, sir. Commissioner Dawkins How many owners? Mr. Beltran: All of them are owners of the company. A Mr. Beltran: All of the employees in the Miami office have ownership of the company. r Commissioner Dawkins: OK. No further questioning. Thank you. Mr. Beltran: You're welcome. Vice Mayor Plummer: You want to make a statement? Mr. Brian McParxland: Yes, sir. Commissioner Dawkins: OK, pull the mike up to you, sir. i Mr. McParxland: My name is Brian McParxland, I represent Arthur J. Gallagher and Company, 8355 NW 53rd Street in Miami. Commissioners, just yesterday afternoon we were informed that we were not being recommended for the '- insurance brokerage. With all due respect to the staff, we do feel possibly, ; the City is limiting itself by going with only two brokers. Arthur J. Gallagher has more combined public entity clients than the two firms that.were represented together. As an example, Dade County School Board, the Archdiocese of Miami, the City of Coral Gables. .We feel that there are many things in a public entity field that Gallagher can specialize in. As an example, we were the only,brokerage in the State that.had two members on the Governor's Task Force for workers compensation. We have a special unit of } police liability laws prevention, which incidentally, the. City, of.Miami.has been using successfully, for the last three years. We have specialized in environmental impairment liability. These are the things that are affecting cities, counties, today. We have gone the non-traditional route, which is more -of a self insurance route, instead of the -traditional brokerage way, and we feel that we would like to ask Mayor, and the Commissioners, to possibly consider a third partner in this, because of our expertise in the public entity field. Commissioner Dawkins: How many Black owners do you have? Mr. McParxland: Sir, we are also traded on the New York Stock Exchange. Commissioner Dawkins: OK. All right, and how many Blacks do you have on your, board of directors? Mr. McParxland: There are none, sir. r Commissioner Dawkins: How many Latins on your board of directors. .. Mr. McParxi.ands None, to my knowledge, Commissioner Dawkins: So therefore, when you traded me the stock on the open k market, i bought the stock, but by not being on the board of directors, I_ don't make -no decisions. I mean, you know, I'm just talking to you. Mr, McFarxland: Except for your proxy statement, Exactly. CsaMmLoro1*Aor. Daw,jkiAPs So when you hell me, you know... OK, thank you, I have ' qons r - .. .. Ap thenuestii rk'u ski 1 Q j. roa 7R7.: a Mr. Mcparxland: Thank you. Commissioner Dawkins: gee, you guys have to understand. We are the only ones don't have a problem. We don't want to have to a the taxes and worry +about who don't know, The Seminole Indians only deal in bingo and ci arettea the ' p ' pay Y -- everything. OR, Mr, Mayor. You all ready for a motion? Mayor Suarez: Yes, either way, but we may as well hear from the party not selected. Sorry, I missed on it. Somebody side tracked me over there. Have - we analyzed what must have been an objection, I take it? Mr. Chhabra: Yes, air. Commissioner Dawkins: I move item 20, group, Alex...? - what is it? Mr. Chhabra: Beltran Alexander and Alex Commissioner Dawkins: Beltran Alexande that, in the event that if they think year, they have got to show more minorit Vice Mayor Plummer: My proviso to the here for final approval. Mr. Fernandez: This is the final approv Vice Mayor Plummer: You didn't hear me. Mr. Chhabra: The agreement, they are to Vice Mayor Plummer: Send it to him to n Mayor Suarez: OK. The Commissioner, I second to his motion, but modifying it be given at a later Commission meeting. Commissioner Dawkins: At the next Commi Mayor Suarez: ... delegates power to ne Mr. Fernandez: Right. However,.Commi that's- proposed now fora three year pe way that it reads right now. Mayor Suarez: What's the policy reason Commissioner Dawkins: Hold it, hold it f and they've been doing it for eight yea group for three years. All right, I'll Mr. Fernandez: Thank you. Commissioner Dawkins: No, I'll do it f minute. Mayor Suarez: As far as I am concerns and I will vote against it, but I will g Commissioner. Dawkinsc You know, fine. against it, you vote against it. Mayor Suarez: No, we are trying to g acceptable to.., Commissioner Dawkiniss Now, wait a mi change it this way to get your vote. Ju K l Vice. -Mayor Plummers All right, but we - ' don't we make it three... _ s - 119 h with the second... what's the second or d, ander. r and Alexander, with the stipulation i that they are going to have it next y participation. motion is, that it has to come back al. lking about. egotiate. 'm going to deem your amendment as a to read that, that final. approval will That this only gives you... scion meeting. gotiate with that particular group. ssioner Dawkins should be aware that, riod, not for a one year period - the for three years? If we gave it to the other group, g g P, ` rs, I have no problem with trying :this accept that. '. three years. Wait a minute, wait a that is too long a period of time, o for two years. § ". t You know, if you all want to, vote.44 " ive you a modification that makes it .; nuts, but don't tell me I've got to at voteagainst it, i are trying to make it agreeable. 'Why, 5 3, J i AV- 4 t. 777 � Sy 7. Mayor saaret: We don't do three year contracts. ;4. Mayor Suarez; No, just kill it, Don't make an agreeable. Vice Mayor Plummers I can't kill it, I am an undertaker., Mayor Suarez: Ida don't usually do three year agreements, that's the only thing. ....E Vice Mayor Plummer: May l suggest to my blue brother... Commissioner Dawkins: I wouldn't give a damn. I wouldn't care. I don't = care. Vice Mayor Plummer: ... if he will quiet down. — Mayor Suarers Please; please, Commissioner. k- Vice Mayor Plummer: Dawkins. Mayor Suarez: OK, Mr. Vice Mayor. Vice Mayor Plummer: Why don't you make it three years, with a one year k renewal, three different times? That way, you give yourself an out if you need it. Commissioner Dawkins: You know, I'm going to get right back to what I said this morning. Every time we deal with an entity with Black folks in it, you all come up with White folks rules. OK? But when you all deal with White folks, you all don't have no rules. Now all day long, we sit up here and you all make all of these things and you pass them. Now, it's a Black group in it, you've got right here, not to exceed three years without review. Not to exceed - you didn't say, under, come to, up to, or around. But now when the Black guy is in it, you all tell me, hey, make it for one year, two years, I'll vote with it. Make it one year with a review, I'll vote with it. Don't vote with it, vote down, and let Black folks see how you all voting. ;H Vice Mayor Plummer: Is it not a fact that we are voting for two firms, not for one? Two will be selected. There will be two firms. Mr. Odio: We recommended... Mayor Suarez: The motion that is made, is to select Beltran Alexander and Alexander,' which I understand to be primarily Hispanic - maybe a coincidence, ` but two of our Commissioners, who have expressed a preference for two years, happen to be Hispanic, for whatever that's worth, so I don't think you would _draw any ethnic implications out of it, Commissioner Dawkins. I must disagree with you, sir. i_ Vice Mayor Plummer: But the point I am trying to make is, is that there is going to be two firms selected, not one. - Commissioner Dawkins: No, one firm. Vice Mayor Plummer; No. They are talking about two firms. Commissioner Dawkins: One firm. Mr. Chhabrat We are recommending two. }~ s� Mayor Suarez: All right, as to the more important issue here, which is whe her the motion is to select` the two recommended t mme ed firms in conjunction, which is what Vice Mayor Plummer seems to understand, hiss motion or his second =, was, and to Commissioner Dawkins motion, which he clearly is stating, is as to 0n firm, let's got that resolved. Otherwise, we will have to have a new motion, because neither one will be valid on the... probably, before us, Commissioner Dawkins: All right, let me clear my motion, ' Mayor'Suarsz: All right, please. ' _ •'fit � _ .. ,. 1 �.r z NX,120 fi r T� 7 Commissioner Dawkins My motion in for the one firm only. And you all gave it to the other firm for eight years, you didn't force them to take nobody with them. t Mayor Suareza Beltran Alexander and Alexander? V Commissioner Dawkins: Yes, sir. { Mayor Suarez: OK. All right. As to that firm, we have a motion that they be awarded the contract by themselves. _ Commissioner Dawkins: And I'll accept the year by year... _ Mayor Suarez: Review. Commissioner Dawkins: .., review, because I will be here until ninety-three, and now after ninety-three, I don't know what you all will do. Mayor Suarez: OK. With a yearly renewal provision, which I presume is at our option only, but does not require bidding again, I guess is the understanding. Mr. Odio: I think I need to say. Mayor Suarez: Yes. Mr. Odio: It is a bad policy on this type of business, to go for one year. We; need continuity in the business of insurance. Vice Mayor Plummer: But we can get that. He is talking three years, one, one, and one, Mayor Suarez: The continuity is built in to our option. Maybe there will be the same City Manager, and the same Commission who will re -recommend it. Commissioner Dawkins: Maybe. r Mr. Odio: Maybe, but... Mayor Suarez: OK, so that's the motion as I hear it, and seconded by Commissioner De;Yurre. Any further discussion? Vice Mayor Plummer: In other words, there is going to be one firm, and then there will be no competitiveness between the two firms to do a better job. I can't vote for that. I cannot vote for that, I'm sorry. Commissioner Dawkins: I have no problem with it. 3 _ Mayor Suarez: Hey, as you say, I'll vote my conscience and vote it down. I } just think that if you... when I was chairman of the pension board, we found a great deal.of savings in the fact that we had firms competing with each other, � and it was a hell of a lot easier to evaluate. If you have one firm there is Y , nothing to evaluate. Commissioner Dawkins: You had one firm all eight years. Vice, Mayor Plummer: And now that's why we are proposing to do a better way of k doing it., Commissioner Dawkins: But you see, a whole eight years, you had a white firm, nobodywas concerned at.all. But now, all of a sudden, we , got 3n the firm, and you want to go out, because now you've got to save money because the �.. :'. Olack is involved. Give me a break. tiA 1' Vice Mayor Plummer: Let me make it easy. Go find another Black firm, and I ; will vote for it. OK? - . Maycr. Suarezf Wait, wait, wait. Commi.saioAar Dawkins: We do not have one, because you good whits folks g}- ' woulon 't let us in the. business, J.L. I ain't got no problem with that:, andxm trylpg to _get one, in, so- that ;in the future, we will have some in, That _ r oi,n't no problem. p , ..%; 5 14 Mayor Suarez: Wait a minute, Commissioner. The fact of the matter is that for many years, we've had a firm. I don't remember this Commission ever going, or this administration, or any administration in the last five years since I have sat here, going through the process of selection that we have come up in this case. It has been competitive. Commissioner Dawkins: No, it hasn't, Mr. Mayor. Mayor Suarez: Well in this selection, yes. In the one that we are doing now, Commissioner Dawkins: No, sir. Each year it has been done. This is the first time in eight years this has ever come before the Commission. It's been a rubber stamp because the good old boy got it, and let's give it back to the same old... I'm sorry. I apologize, sir... Mayor Suarez: I'm agreeing with you. - Commissioner Dawkins: ... I mean, I didn't... but it's been... hey, we, the administration, this is what we want, this is what we're going to do. We don't have to go to the Commission about it at all. Here, let's go. And this is the first time, Mr, Mayor. Mayor Suarez: Yes, exactly, that's what I'm saying. The reason that it is different Vice Mayor Plummer, is that there has been a competitive process, admittedly, two companies were equally rated. We find that applying our policies, if we vote favorably to this, that one company has made a greater effort to have minority participation at the level of ownership. I think we are legally able to choose one of the two. Are we not, Mr. City Attorney? Mr. Fernandez: What was that Mr. Mayor? - I'm sorry. Mayor Suarez: Given that two companies had been recommended in a process that was competitive, that was open, and either one is as competent as the other on other factors, can't we take into account the ownership, and select one of the t two? — Mr. Fernandez: You certainly can. Mayor Suarez: And that's what we are doing. And I think Vice Mayor Plummer,` I think that's a fair process that was not followed in the past, I think it's` competitive, and I have no problem in voting for it. li a; f. Mr. Fernandez: But what I think that needs to be emphasized for the record, I;, don't know whether the administration has made it clear, but that when they recommend to you these two, is not that they bring to you for you to make a t� choice of the two, rather that they recommend that both of them... am I; speaking correctly? g;. Mr. Chhabra: Yes, that is true, Mr. Fernandez: That both of them be accepted. Now, Commissioner — Commissioner Dawkins: No, no. Let me ask you one question, Mr..Fernandez: Yes. Commissioner Dawkins: Does the Manager vote up here? Mr. Fernandez: No, he doesn't, sir. Commissioner Dawkins; All right, who votes then? Mr. Fernandez; You all do. r; Commissioner Dawkins; So, what difference does It make how the Manager a recommends to us,as longas we know what he is recommendin and we vote? g, ¢r f Mr, Fernandez: And you have the absolute right to do what you are doing, S Mr. Fernandes; All right, thank you, 4. �F a S _ 122 February t4o 1901 ti t Mayor Suarez: Well, then let me pose it this way. Is there an equally strong recommendation that we proceed with either of the two, or both, now, as presented? Mr. Chhabra: That is true, but only thing we want to bring to your attention, f sir, is that if Johnson and Higgins are taken out completely, then continuity will be broken. Mayor Suarez: I'm not sure I grasp that. -E Mr. Odio: What he is concerned about is the continuity. Losing Johnson and Higgins, we would lose the continuity in the insurance group. Mayor Suarez: OK. Mr. Odio: Which happens, and I understand from them, is very important to have. Mr. Chhabra: And even if you want to do it that way, let them at least have another year with them, or two years, whatever you... the way you like. Mayor Suarez: Well, you know, continuity is good when things have been going real, real well. When things haven't been going all that well, continuity is bad as far as I am concerned. And I don't see that this has been one of the high points of the administration of the history of the City of Miami, is insurance. So, I have no problem with breaking continuity, if that's what you are concerned about. - Commissioner De Yurre: Mr. Mayor, can you restate the motion, so that we can vote on it? Mr. McParxland: Mr. Mayor, if I can add. Mayor Suarez: We're going to get to you, sir. Commissioner De Yurre: What's the motion again? '. Mayor Suarez: The motion is to select the Beltran Alexander and Alexander, firm for one year renewable contract, for a maximum of three years without - competitive bidding at our option to renew each year. Commissioner De Yurre: OK. Do we have a first and a second on that? Ms. Matty Hirai: Yes, you do. Mayor Suarez: Yes. T Commissioner De Yurre: OK. Well, I'd call the question, and let's get this thing over and done. 3 Mayor Suarez: OK, but I do want to take before closing off debate, the objecting company one more tUme. 1 Mr. McParxland: Mr. Mayor, as I mentioned before, the majority of our; business is public entities, and probably, at least ninety percent of. our .- business is awarded through a close bid procedure, where you have to have the bids in to the City Clerk's office by a prescribed time. We did not have the - opportunity here to show our power, our purchasing power in the market, to go. out and do this. So, there was not a competitive cost, or price. Mayor Suarez: We've not been able to reduce this to a totally competitive price comparison, unfortunately. We have also not been able to do it for legal bond work, and a variety of professional consulting contracts of the City, I wish we could find our way to doing it. You're suggesting that it s ys4t could be done that way? -totally? Mx. McParxland: Yes, that.., Mayor`Suarez: Almost seal bidding, almost, and every... Mr, McParxland - Yee, sir. That is the way we do with the: majority. It you ? T giant;>°I oui,d give you a list of other cities or counties that have.Sons,tha t k 123 February,14, 1994 xJ a Y � Mayor Suarez, I will say this to the Manager, and in furtherance of your argument, that for myself, I think that almost all professional contracts are now at a point that they can be made totally competitive. I think most of the; services are fungible, they are comparable, and I have been suggesting that, I've been pushing for that for many years, and I sure hope that you look at PW - that very carefully, Mr. Manager, for future reference. But your comments are accepted into the record as a protest of your non -selection. But we do have other criteria right now that are more subjective, and maybe some day, we will change the system to what you propose. Mr. McParxland: Thank you. Mr. Fernandez: But the record needs to be made clear, Mr. Mayor, furthermore, that the administration follow proper code procedures in arriving at this _ point. Mayor Suarez: OK. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-132 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH { BELTRAN/ALEXANDER & ALEXANDER, TO SERVE AS INSURANCE BROKER ON BEHALF OF THE CITY AT A NEGOTIABLE COMPENSATION FOR A TERM NOT TO EXCEED THREE YEARS, SUBJECT TO ANNUAL REVIEW DURING SAID THREE YEAR PERIOD; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $800,000 IN ANNUAL INSURANCE PREMIUM, FROM THE DEPARTMENT OF PERSONNEL MANAGEMENT, RISK MANAGEMENT OFFICE OPERATING BUDGET, ACCOUNT NO. 270401-650, J. SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Mayor Xavier L. Suarez the resolution was passed NOES: Vice Mayor J.L. Plummer, Jr. t ABSENT: Commissioner Miriam Alonso. Mayor Suarez: Let me... having voted on this, let me ask a couple of questions about the history, and at the risk of asking painful questions, and then they reflect a little bit my vote. This company will broker and be agent; for all items of insurance, including life insurance, is that correct?` >r Mr. Chhabra: Property, and casualty only, sir. Mayor Suarez: I'm sorry. #r.<< Mr. Chhabra: Property and casualty. r+< ;.- Mr. Odio: Property and casualty, only. Mayor Property and casualty. OK, do we have an agent to do our life fj.., 3' „Suarez: i nsurance? Y Odios Life Insurance... i t aY+ar' uaraz: If and when that contract comes up, I am going to have asgme -_i�sapQ th�t�gs to say to them about the whole way that, that has beet managed over the years. ; 124 Yebruary 14, 1991 }L.. J �6 b s� Mr. Odiot Mr. Cole, I believe. Mile: Mayor Suarazt This is for propti-ty and casualty? Mr. Odiot Yes. Mayor Suarazt OK. Thank you. I would not.., if things are going your way, I - would not... Commissioner Dawkins: You've got momentum on your side, it's best to sit... Mr. Beltran: No, I just want to thank the Commission, and just say on the issue of continuity which was of concern, the gentleman that handled the account for the predecessor, has been working for us since April of last year. _ So, there is continuity. Mayor Suarez: So, you provide internal continuity...? Mr. Beltran: Internal continuity. Mayor Suarez: ... as opposed to corporate continuity. All right. — - INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD. Commissioner De Yurre: No, that's it. '' Mayor Suarez: Do you want to put a last comment on the record, sir? - as the non selected party. Mr. Landesberg: Just a few closing comments, if I may. Questioning the — performance that we have done, I really would appreciate if you would speak with the people that work with us day to day. We have shown charts how we have reduced the premium down just since 1986, from nine hundred thousand 3 dollars ($900,000) to six hundred and sixteen thousand dollars ($616,000), every year, having a decrease. I really do not appreciate our integrity.... t _ Vice Mayor Plummer: Wait, wait, wait, hold on. You said, you have reduced the premium down to what? Mr. Landesberg: From eight hundred and ninety seven thousand to six hundred' and sixteen thousand, over the period... Vice Mayor Plummer: Why are we talking about here, not to exceed. eight hundred thousand, if it's six hundred and eighty-seven thousand? Mr. Chhabra: The amount we are putting down there, we don't know what is; going to happen tomorrow. So, we didn't want to put the amount in the first place, sir. Vice -Mayor Plummer: Well wait now. If you're trying to get competitive, and trying to save the City money - if you've got six eighty-seven, is thatwhat you said? Mr. Segundo Ferez: Commissioner...` Vice Mayor Plummer: Wait a minute. Six eighty-seven? Mr. Landesberg: No, six hundred and sixteen thousand, five hundred and. i, thirty dollars'($616,530) was the total property casualty insurance budget,- g for premium paid from the City of Miami this year. i Vice Mayor Plummer: Last year? Mr. Landesberg: Right, to the 1990. Vice Mayor Plummer: Six hundred and sixteen thousand? _= kir. Lattdesbexg: in 1966, with the same coverage. Ylee or Plummer: No,'no, no, wait a minute. Times are tough. People 'ore - more c:omQeti iva cidaq. Why in God's name would you recommend that �e neat j r 125 eb ue 'y 14 . 1.99fL e. - yy. 1 ,r exceed eight h thousand, last Commissioner Ds If he didn't mi it was six huj hundred and siN Vice Mayor Plwr Commissioner Ds Vice Mayor Plun They work stric it would seem ] Mayor Suarezt Vice Mayor P1 ($200,000) of ] a Mayor Suarez: there. _ Vice Mayor Plu 't 44, :d thousand, when this firm did six hundred and sixteen t And the people work on a percentage. a: But Commissioner Plummer, let me also ask a question.: ut six hundred and sixteen thousand last year... i mean if and sixteen thousand last year, why didn't he bid six thousand, instead of eight hundred thousand? He did not bid that, sir. - a: Well, who bid it? What they bid is their percentage of what the premium is. on a percentage. Now, what I am asking the administration, to me, I'll give you a few dollars of leeway... did we give so much leeway? That would constitute... r: ... but not, almost two hundred thousand dollars Y t would be about twenty-two percent leeway that you gave That's ludicrous, that's twenty-five percent more than °j on a percentage, it does... and if you don't make... Vice Mayor Plummer: Because if you tell them you've got eight hundred thousand to spend, they are going to spend it. Commissioner Dawkins: No, they won't. No. Vice Mayor.Plummer: Oh, the hell you say. It's amazing, here is a pot of 3 gold, don't let any of the gold go back. Mr. Odio: But see, wait a minute, Commissioner. I believe that we... Commissioner Dawkins: OK, call the roll. I call the roll. Mayor Suarez: We did, we already handled the item, but he is asking a financial question that is interesting, and can't stop that line of inquiry. Mr. Odio: If we managed to bring him down from nine hundred and some thousand dollars, to six hundred and six thousand dollars, you think we are going ;to r try to make it back up again? Vice Mayor Plummer: No, not you, sir. The people who work off of: a percentage. Mr. Odio: We won't let them do that. We know what we have to do. a_ Mayor Suarez: Do you have any indication that, that trend will reverse itself in the next fiscal year, for which is being awarded and somehow be back up.in u the eight or nine hundred thousand dollar range? Why didn't we try to go for six fifty, or something? - cap.'' Mr. Segundo Perez: Thank you, Mayor. Commissioner, to answer your question... Commissioner Dawkins: Your name, sir. =% Mayor Suarez: But your name on the record. «. Mr; Perez: Segundo Perez, City of Miami, Risk Management Department, ° The '. tr.=. 19ws that we have in the premiums, has been basically because we hays done properties At this moment, we have not ��_ .. restructuring of the ro ernes of the City, completed therestructuringof those properties in the City as to,their value, The insurance marketplace is in a changing position at the present time, and we feel, professionally, that we may be averaging maybe# seven fortywseven".tQ eight hundred thousand, eight hundred thousand being the maximum for that. 126 February 44, i4 , f _ , r ; '5 T. � 1e q Mayor Suarez: but you are saying two different things, You're saying the market is changing, and you are saying that our needs are changing. Our restructuring of our casualty, I mean of our property structure. Mr. Perez: And taking those two points into consideration, the eight hundred thousand does have its justification. Mayor Suarez: All right, so there is change from year to year. OX, sir, one last comment on behalf of the company that... Commissioner Dawkins: Find Reverend Ikenson, somebody quick. Reverend Ikenson. Mr. Landesberg: As an insurance broker in the City of Miami, I would like to question the Black ownership of Alexander and Alexander. Mayor Suarez: The what ownership? Mr. Landesberg: The Black percentage of ownership. Now, Alexander and Alexander is a public company. We are a private company. But I am not really quite sure that the top management of that f irm back in New York, of any of the major owners as being Black. So I'd just like to question that for public record. Mayor Suarez: I understood him to be referring to the local entity, and to within that, you are saying that one of the co -brokers, partners in this case, was in fact, Black. I didn't understand him to be referring to the national company, which I think is just Alexander and Alexander, but I may be wrong. Mr. Landesberg: Right. I'm just confused about... Vice Mayor Plummer: It's a hell of a way to run an airline. Mr. Landesberg: If having one, even possibly one Black owner out of ten _ thousand people in the firm, it just behooves me that we should lose this account, when.the total FRP of questions, none of that was even brought up { here today. Of quality, service, or any of that. Commissioner Dawkins: But if you had been following the City of Miami since 1981, you would know that Miller Dawkins has complained bitterly, daily and monthly, that you get minority involvement., That's been my pet peeve. And I will continue, as long as I sit here, to bring it up and try to implement it. And until you, and'your company, and other entities that have no Blacks in~it, F allow us entry, so that we can learn the process to be able to compete with you, we won't get any. And as long as I sit here, and you or anybody else get' the 'City money, I'm going to force you to take somebody Black, and somebody Latin. Now, after three years, if that gentleman can't stand on his own feet and bid, he don't need nothing. But at least, this Commission has made it available for a Black who may just. decide that he is going out and share his` part with a Latin, because he may have too much work to do by himself, and he is helping another minority. So that's the size of it. You had eight years,. ` sir, to do what he did. If he did it yesterday, you had eight years to do what he did. Mayor Suarez: For eight years, you were the company used by the City,' F correct? Mr. Landesberg: That's correct. Mayor Suarez: How were you selected from year to year? Do you remember how .} that process worked? ;1 ,j Mr. Landesberg: We provided renewal quotation, and as you can see, the premium kept coming down year after year, and nobody questioned it. Mayor Suarez; The old renewal quotations, and then unilateral renewal by the z INN City without any kind of a selection process, or any kind of competition. °as 'We Iva put an and to that this year. You participated in it, in fairness to :r you, you were equally recommended, and we chose the other firm. We didn't Fz hearyouprotesting. I've been sitting at this chair now for five anda-half years, I don't remember you ever calling me and saying, you know, this pr6ceaa 127 rebroary 14, . 19 ' Is really not fair, because i keep getting it every year, and we don't go through a selection process. So, you know, now we try a more competitive system, you do well in it, you were co -selected, and we chose one of the two s; firms for a variety of other factors, which are important to this Commission and in fairness to the history as outlined by Commissioner Dawkins and others, you know, then you're understandably upset. But, it would strengthen your argument a great deal if, over the years, you had been arguing that we should do this an a selective - competitive selection process - and you didn't do that. Many many of the professional contracts the City was involved in, in the pant were done precisely that way. Just sort of the old submit renewal quotes, and you keep getting selected and the rest of the world doesn't have any chance to compete. Now, we've changed that. Ms. Angela Bellamy: Mr. Mayor, just for the record... Mayor Suarez: Yes, Angela. Mr. Bellamy: ...the self insurance committee was keenly aware that we had had them working with one firm for 8 years. And we thought it was important that we start a competitive process. That's the whole reason that we went out for RFQ. (Request for Qualifications) Mayor Suarez: I hope you'd be aware that that's important, because that's been this enunciated policy of this Commission. By the way, when we select other professional consulting services such as bond counsel, we have built into it a criterion that says, if you have been doing too much of our work in the past, we're going to go to another competitor just on that basis. Had we _ applied that here, that would have ruled you out right off the bat. Even if your product is otherwise just as good as theirs. We should have, in fairness to him, we should have told him in advance that, that would be a criterion and ` we have applied it here at this level and included, of course, the minority participation. But there's really another factor there, and that is the fact that we do want to rotate. We do want to involve other people in providing services to this City. I could add one last one, now that I'm at this and say, we found, at least in my case, I have found, since I've been here, that there is almost no creativity shown by our professional consultants. I have �- been battling personally with our accountants over the years. We've now changed to try to give us some new creative way of doing our public accounting so that it makes some sense to people who have fairly normal logical minds, t and not public accounting minds. Which, to me, are almost by definition, illogical. That applies to other consulting agreements, and I sure hope that the new companies selected will be telling us all kinds of ways in which we can save money and otherwise be creative and not just sit there and take your check every year and go out there and broker the insurance for us, but will propose ways in which our self insurance fund can reduce its cost, can increase its reserves, and can become more financially healthy. And I haven't seen that, and that's not your fault either. But this constant year to year - �_ renewal of the same companies bred this status quo mentality, and eliminated ' all creativity and that's something you could have done something -about before. Unidentified Speaker: Thank you, sir. j ,o :3. 4 Y w 126 Yebruary 14# 1 ?41 yC i {L �F 2 h =F ;. 'r4.:wJ.w67.Y.�.rw.wriwcc.i:r.WY: rr i'': w..rriw..i�rw.rL�i�raa. +.. --------------------------_..___—.:t.—r. r}rr 39. APPROVE PURCHASE OV COMPUTER EQUIPMENT F'ORt N.E. SUB -COUNCIL. CRIME z PREVE14TION PROGRAM. r. +...---------------------------------------------------- ------------ Vice Mayor Plummert I move item 21, a Mayor Suarez: Item 21 has been moved. Commissioner De Yurret Second. - Mayor Suarezt Seconded. Any discussion? If not, please call the roll. Yes, sir? Miami Roads Association. s Mr. John McBride: My name is John McBride. I live at 200 S.W. 25th Road. In reference to item 21, I needed to know where that particular equipment is going to be located? Will it be at the Police Station? -i Vice Mayor Plummer: Mr. Manager. The computers for Crime Watch. ai Mr. Odio: I have to find out. I'll — Vice Mayor Plummer: It says here for the Northeast Sub -council. Mr. Odio: It's the Sub -council, but I... Mr. McBride: The reason I ask where they would be placed is that there are other sub -councils including the south and the Brickell... Mr. Odio: I believe it will be located at the Legion Park mini -station. Legion Park. Mr. McBride: OK, the reason I ask, is will the other sub -councils that are also very active in this City have access to that same equipment, or indeed; :{- -' 001 will we have an opportunity to obtain similar funding? Mayor Suarez: Certainly access to it. I can't imagine that it would be limited access in any way. i :.' Mr. McBride: Ten thousand dollars is a lot of computer. And I... t Mr. Odio: I don't see why not. We'd be glad to... } Mayor Suarez: Lieutenant, couldn't this have been done with any kind of.`.. surplus computers? What exactly are they going to do with the $10,000?' Lt.-.Joseph Longueira: Mr. Mayor, those are for actually two computers. One � to -.go at Edgewater, one to the northeast mini-statl...i. And they're going to do,Crime Watch newsletters. They're Crime Watch members. Mayor Suarez: OK, will you make sure that -they understand that's available to i the other sub -councils that don't have their own mini -stations and in this. case now, don't have their own computers, so they can use them and take advantage of the software and hardware that they have there? Lt. Longueira: Yes, air, we'll make sure they work on that, Mr. McBride: Thank you. x Mayor Suarez; I guess we can't yet have a.mini-station in -every single = neighborhood, and.a computer to go with it, but we'd bike to. But we're getting there. And,. you know, we can send the usual obligatory letter to the Fax company and _see if we can get a fax machine for ,_these too so that the officers don't have to go back and forth, as we've done in the Little Havana f .. e �.., and Liberty City substations. OK, item 22, are we? --or 21? 1' '' Ms. Hirai; We need to call the roll, Mr. Mayor. _ 14.4yo -Swe ezi . Twenty-two?: { 129 Fobsatrp 14, i' 4i L� Mayor Suarezi Twenty-one, thank you. We had a motion and a second on it? Ms. Hirai: Yes, air. The following resolution was introduced by Commissioner Plummer, who moved its adoption: - RESOLUTION NO. 91-133 A RESOLUTION APPROVING THE FUNDING FOR THE PURCHASE OF COMPUTER EQUIPMENT FOR THE NORTHEAST SUB -COUNCIL CRIME PREVENTION PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE WITH SAID PURCHASE TO BE MADE IN COMPLIANCE WITH APPLICABLE CITY CODE PROCUREMENT PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) J Upon being seconded by Commissioner De Yurre, the resolution was passed _i i- and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins =i Vice Mayor J. L. Plummer, Jr. =i Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso 40. ACCEPT BID: A'LEON BUSINESS MACHINES - FC (FAX) MACHINE TO DEPARTMENT OF POLICE / IDEN Mayor Suarez: Twenty-two. I Vice Mayor Plummer: Move it. 4; Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, The following resolution was introduced by C moved its adoption: RESOLUTION NO. 91-134 A RESOLUTION ACCEPTING THE BID OF MACHINES FOR FURNISHING ONE (1) FACS' THE DEPARTMENT OF POLICE/IDENTIFICA' TOTAL PROPOSED AMOUNT OF $5,294.00; THEREFOR FROM THE LAW ENFORCEMENT TRU NO. 690001, ACCOUNT CODE N0, 290904- �3 THE CITY MANAGER TO INSTRUCT THE C1 #,- OFFICER TO ISSUE A PURCHASE ORDER FOR c (Here follows body of resolution, omi #s r file in the Office of the City Clerk.) �y Upon being seconded by Commissioner Dawkins, r, snd adopted by the following vote: - yp FP _ Gt 130 ---------------------------:{f- FURNISHING ONE FACSIMILE i i IFICATION UNIT. --------------------------- - €€ k. r !' please call the roll. g mmissioner Plummer, who T �'LEON BUSINESS 4ILE MACHINE TO ' [ON UNIT AT A LLOCATING FUNDS ' r FUND, PROJECT 96; AUTHORIZINGk{ [EF PROCUREMENT, HIS EQUIPMENT, ted here and on the revolution was passed f .X Yb rq' r s y] A tN�.j Ff E Sri k�' 7 t AM Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. ! . Mayor Xavier L. Suarez Hwy. 140E5: done. ABSENT: Commissioner Miriam Alonso _ -rY}---------.---------------.--------.-r .--. -r --- - -- - 41. ACCEPT BID: BANKS SAFE AND LOCK CO., INC. - FOR FURNISHING THREE SAFES # TO POLICE DEPARTMENT. -. ---- ------------------------------------------------------------------------ i Vice Mayor Plummer: Move 23. Mayor Suarez: Twenty-three has been moved. Commissioner Dawkins: Second. t Mayor Suarez: Seconded. Any discussion? If not, please call the roll. I: The following resolution was introduced by Commissioner Plummer, who moved its adoption: i RESOLUTION NO. 91-135 A'RESOLUTION ACCEPTING THE BID OF BANKS SAFE AND LOCK _i CO., INC., FOR FURNISHING THREE (3) SAFES TO THE ! DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $7,518.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, ACCOUNT 1 CODE NO. 290963-840; AUTHORIZING THE CITY MANAGER TO - INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A� v{ PURCHASE ORDER FOR THIS EQUIPMENT. r— 1- (Here follows body of resolution, omitted here and on file in the Office of the.City Clerk.) j' Upon being seconded by Commissioner Dawkins, the resolution was passed. and adopted by the following vote: — AYES: Commissioner Victor De Yurre `r— Commissioner Miller J. Dawkins # Vice Mayor J. L. Plummer, Jr. Layor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. r - uy _i fit{ !S } YY g$' 2i,fi i 'll C Y Commissioner Dawkins: In 25, you are renting leasing 92 pagers... Vice Mayor Plummert Correct. £. Commissioner Dawkins: And in 24 - somewhere over here - you're buying... Vice Mayor Plummert That's correct. Commissioner Dawkins: ...X number, why? Vice Mayor Plummer: The difference... Commissioner Dawkins: Why you care buy... Vice Mayor Plummert Well, let me answer it for you. The difference is that in the 92 that we're leasing, they have three county capability, which we don't have in the others. We need that capability so that we can send our people out on assignments outside of Dade County and have the range that is necessary, and only through these leasing programs can you get the tri-county availability. Lt. Joseph Longueira: Commissioner, the other thing is through the City system, it's obvious that it's a governmental agency when you enter the pager system. It has to do with officer safety and undercover officers and things like that. Commissioner Dawkins: And in a pager, you can transact all your business, you do not have to go to a telephone. Vice Mayor Plummer: No, sir. i Commissioner Dawkins: You have to use a telephone, or you can do all your business through the pager? Vice Mayor Plummer: You can locate your individuals through the pagers, and certain codedinformation you can give through a pager, but not the same as a ■ telephone. r Commissioner Dawkins: But, the pager... whoever answers the pager has to -go'°. to a telephone. _ Vice Mayor Plummert Maybe or maybe not. ; Mayor Suarez: No,:.you almost always do. Commissioner Dawkins: That's right, thank you. Vice Mayor Plummer: Not necessarily. If the pager gives a Code 2, you come to, your office. You don't have to go to a phone, just go to your office.=..i- Commissioner Dawkins. All right, well you have to go... OK, well let me ' , rephrase it then, all right? Whoever has the page at some time or another, must converse with a human being. ,- Vice Mayor Plummer: That's correct. No, not necessarily - but yes. fi Commissioner Dawkins: Well, with a canine. I don't know. You're right, OK? So, therefore, if you have to go... Mayor Suarez: You know, it was better when Commissioner Alonso was here. The }= "Blues Brothers" go totally out of control without her. Commissioner Dawkins: But if you have to - in my opinion only - if you've got ; what do t to gc to a telephone, h t difference e r nc es i make what kind of pager you use? ., k Lt. Longueira; Because, Commissioner, in undercover operations, how they Rio it, is they give the pager number to the bad guy. The bad guys trying to call him to set u a meeting, for instance to do a drug transaction. g g , B If he knoWa, e e you have more numbers than the seven digits to punch in than ' a beta y g P , it � �. --', overnmental agency, he knows he's dealing with a police officer. you've got »$ �...,' to hays a,xeglar, like any pager that any citizen would have. ww � r te� M M . i February, f: 0^ ' ZZZVI to Commissioner Dawkins: Well, now, that's the only thing that makes sense, that you said. OX, so I can't fight it on that. Other than that, I was going to jl* vote no, but I hear you. Lt. Longueira: Thank you, air. Vice Mayor Plummer: Hey, (WHISTLE)... Mayor Suarez: All right, as to item 25 we have a motion. Do we have a second? Commissioner Dawkins: Yes, I second. Mayor Suarez: Thank you, call the roll. Vice Mayor Plummer: Geeez. - The following resolution was introduced by Commissioner Plummer, who moved its adoption: A RESOLUTION ACCEPTING THl INC., FOR THE LEASE OF 92 FOR A PERIOD OF ONE YEAR WI' AN ADDITIONAL ONE YEAR PEI ENVIRONMENTAL SERVICE! MANAGEMENT/COMMUNICATIONS COST OF $5,464.80; ALLOCI PROJECT NO. 690001, I AUTHORIZING THE CITY MANAGE FOR THIS SERVICE- AND TI - CONTRACT FOR AN ADDITIONAL THE AVAILABILITY OF FUNDS. (Here follows body of reso] _ file in the Office of the C Upon being seconded by Commission �. and ,adopted by the following vote: AYES: Commissioner Victor De Yurr . Commissioner Miller J. Dawk Vice Mayor J. L. Plummer, J Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. Y, P 4 Va r •44� i b , 4 y BID OF AMERICAN PAGING, ,GERS ON A CONTRACT BASIS THE OPTION TO EXTEND FOR )D FOR THE DEPARTMENT OF AND OPERATIONS ' VISION AT AN ESTIMATED ING FUNDS THEREFOR FROM ".OUNT NO. 290904-996; TO ISSUE A PURCHASE ORDER 1EAFTER. TO EXTEND THIS CIE YEAR PERIOD SUBJECT TO tion, omitted here and on - y Clerk.) Dawkins, the resolution was passed,_ s t=; 3'7 . a.r 4'. 7 t 5 Jr i4. 44, APPROVE PURCHASE OF A FIREARMS / DEADLY FORCE VIDEO SIMULATOR. -----(..— .rr.i.a:.—..—.u...i --..-----------•-----.------.-----------•----.--------------------- Mayor Suarax: Item 26. Vice Mayor Plummer: Move it, Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Any discussion on 26? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-138 A RESOLUTION APPROVING THE PURCHASE OF A FIREARMS/DEADLY FORCE VIDEO SIMULATOR, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $40,000 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE WITH SAID PURCHASE TO BE MADE IN COMPLIANCE WITH APPLICABLE CITY CODE PROCUREMENT PROVISIONS. f : (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 Victor De Yurre - Commissioner Miller J. Dawkins' Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarezrd tw NOES: None. l F ABSENT: Commissioner Miriam Alonso. -------------------------------------------- -------------------- ------------- _ = 45. RATIFY EMPLOYMENT OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN AND QUENTEL, PA TO SERVE AS COUNSEL IN CONNECTION WITH LITIGATION INVOLVING _} PETROLEUM PRODUCTS CORPORATION NPL SITE (FEE $10,000).� a: k' ----------------------------------------------------------------------------- �— Mayor Suarez: Item 27. t Vice Mayor Plummer: Move it. N L , Mayor Suarez: Moved. Vice Mayor Plummer: How much is, not to exceed?` r � Mr. Jorge Fernandez: Ten thousand dollars. Me. Hirai; Seconded by Commissioner De Yurre.`' Commissioner Dawkins: Why is it that out of the small law firms struggling, ' trying to make it, that we went to this law firm? Mr. Fernandez: For the same reason that even within our own department, we K don't have the level of expertise and sophistication in dealing with this .. particular area.of the law that a big law firm,..: ` c_=igsiQaer DAwkina: What expertise is needed? a ) 135 rebruery4 qi F i C x r 43Rtt.� Mr. Fernandez: The expertise of understanding the environmental issues and all the federal legislation and administrative proceedings that are controlling in this area of the environment. It's a very complex area of the law, Commissioner.... Commissioner Dawkins: And there are no female lawyers who specialize in this who has opened up their own firm, There are no blacks who have specialized in this or studied this law, this particular part of the law, in school and came out and opened their own firm, and there are no Latins who might have specialized in this certain area of the law who may have their own firm who are struggling trying to make it who you could have hired. Mr. Fernandez: Sir, in the good faith effort that I made in trying to ascertain that, because I'm very sensitive and mindful of that issue - not because it's an issue of yours - but it's also because it's an issue of mine, as City Attorney, I can represent to you that due to the emergency of the issue and the time that I had available to make a good faith effort in looking for precisely that kind of representation, no, I could not find. That is not to say that there may not be one, two, three people somewhere that I was unable, due to the circumstances, to locate and retain for these services. Commissioner Dawkins: I'm voting no and I'm going to vote no on every one you bring up here. And eventually, I'll have three votes voting no until you get it through your system that you need to have some in your rolodex where you could just turn to in the rolodex and get them immediately, because it's an emergency and you need them and we don't have to go look for them, Mr. City Attorney. Mr. Fernandez: I appreciate that, Commissioner Dawkins. Commissioner Dawkins: OK, sir, thank you. Mayor Suarez: are How did you describe the special expertise -I missed that and needed for this case? r Mr. Fernandez: Number one, someone's expertise is, of course, acquired after having done... T.� Mayor Suarez: No, no, what was the definition of the expertise here? -is it _ environmental law? " Mr. Fernandez: Yes, environmental law. Mayor Suarez: OK, we've talked... + - M F d We dealin with the federal overnment because there are r. ernan ez. g B i> different levels of environmental concern. i, Mayor Suarez: No, no, right, federal environmental legislation.;:. Mr. Fernandez: Right, exactly. - Mayor Suarez: We've talked about some firms and I'll be happy to... !, a Mr. Fernandez: Yes, we have. Yes, we have. ` # t ` Mayor Suarez: It may be a little late, but I'd be happy to give you some f names. a: Mr, Fernandez: Yes. r. Mayor Suarez: All right. And, hopefully, include some minority... t Mr. Fernandez: And I have sent to each of your offices a comprehensive memo, outlining to you the nature of this liability, which is joint in several, and R it's really...] Mayor Suarez; That's the problem. The memo was way too comprehensive for our being ably to deal with,t. You need to give us something a little simpler, A 4Y } ' k. Vice Mayor Plummer: Call the roll. + 136 February 140 1991 �d g Mr. Fernandez: I made it very short and you're very very intelligent staff, I'm sure, can digest it to a two paragraph. Commissioner Dawkins: But he's a lawyer and he don't understand it. Mayor Suarez: My staff doesn't even want to touch it. My very intelligent staff, they passed it right to me... Mr. Odio: Mr. Mayor... Mayor Suarez: —on my way home for nighttime reading. Mr. Odio: Let me say this, because I am... this is one that I'm very concerned about. This happened in 1972. We, the Fire Department, sold their used oil... Mayor Suarez: Oh,.I remember that, you did mention that to me. All right. Mr. Odio: They sold their used oil, burned oil, to this company. Mayor Suarez: It seemed like a good idea at the time, right? Mr. Odio: Yes, this company... Mayor Suarez: No longer a good idea. Mr. Odio: Yes, but this company that bought it from us dumped it somewhere, and now the federal government is saying that we are responsible. The potential liability here is $26,000,000. Vice Mayor Plummer: Call the roll. �3 Mayor Suarez: The world's expert on re -refining used oil resides in the City I of Miami.' Vice Mayor Plummer: Send it to Sadam Hussein. -,.; Mayor Suarez: His last name is Suarez and he's my dad, but please don't sell G(- it to� him, because somehow it's going to find it's way back into the City of fif Miami, and it's going to create a liability for us. All right... Mr. Fernandez: But let me make sure that you understand, Mr-. Mayor and �F. Commissioners, that my coming to you at this time is to make aware of this issue, ask you for a sum not to exceed $10,000 so that we can proceed to a point where I can really ascertain how much more we're going to need and from where so that we can proceed. i Mayor Suarez: Hopefully...; { �f - Mr. Fernandez: This is the very first time that the City... Mayor Suarez: Hopefully, he can take care of it all with $10,000. All right. Mr. Fernandez: But you should be aware that this is very large liability, and it's the very: first time in the City's history, that I'm aware of, that we're facing a lawsuit from the federal government against the City for polluting . the environment. _ Mayor Suarez: I'm sure somebody at Fine Jacobson does that kind of work. Maybe it could be considered in the future. z Mayor Suarez: That's a good headline in the Herald tomorrow. Mayor Suarez: There he is, right there. All right, as to the motion. Do we have a motion and a second, Madam City Clerk? Ms. Hirai: 'ales, air. - �3 .. Vic a Mayor Plummer: I moved it. mayor Suarez: Cali the'roll. 3 VK. y ' t The following resolution was introduced by Commissioner Plummerp who moved its adoption: RESOLUTION NO. 91-139 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY ATTORNEY'S EMPLOYMENT OF THE LAW FIRM OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN AND QUENTEL, P.A. TO SERVE AS COUNSEL IN CONNECTION WITH THE FIRST STAGE OF THE LITIGATION INVOLVING THE PETROLEUM PRODUCTS CORPORATION NPL SITE, WITH THE FEE FOR SUCH SERVICES NOT TO EXCEED $10,000, WITH MONIES THEREFOR BEING ALLOCATED 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 De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. <r 46. CONFIRM PRIOR APPOINTMENT OF MEMBERS OF THE YOUTH TASK FORCE. ------------------------------------------------------------------------------ s; Mayor Suarez: Item 31. Youth Task Force. Do we just need to confirm what i= was done before? Vice Mayor Plummer: Whose deal... I've got Williams and Rimondi. Mayor Suarez: OK, as to those two. We have a nomination by Vice Mayor `. Plummer. Do we have a second? Call the roll. I think I've done all of mine, ({, so... 3, — MM Vice Mayor Plummer: OK. The following motion was introduced by Commissioner Plummer, who moved }_ its adoption: MOTION NO. 91-140 i A MOTION CONFIRMING PRIOR APPOINTMENTS TO THE CITY OF MIAMI YOUTH (GANG) TASK FORCE AS EX-OFFICIO MEMBERS: (a) SERGEANT JOSEPH RIMONDI (nominated by Vice Mayor Plummer) (b) MAJOR JESSE WILLIAMS (nominated by Vice Mayor Plummer) Upon being seconded by Commissioner Dawkins, adopted by the following vote: AYES: r NOES: 'max ABSENT: mri F P ��c f5` Commissioner Victor. De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez None. Commissioner Miriam Alonso. 138 y the motion was passed and f: 41. (A) REQUIRE COMMISSIONER APPROVAL FOR ANY EXPENDITURES FROM THE { SOLID WASTE REDUCTION RECYCLING AND EDUCATION FUND (FY 191), (B) AUTHORIZE PURCHASE OF FIVE RECYCLING TRUCKS FROM MUNICIPAL SALES t; AND LEASING, INC ($244,625) (See label 17). j ------------------------------------------------------------------------ Commissioner Dawkins: s i Does anybody know where Mr. Sonny Wright is? Vice Mayor Plummer: He's here, I saw him. Mayor Suarez: Walked back in one time. Commissioner Dawkins: OK, Mr. Mayor.., F p Mayor Suarez: Someone from our staff could track down Mr. Wright. Commissioner Dawkins: Mr. Mayor... Mayor Suarez: Yes, Commissioner Dawkins. Commissioner Dawkins: Can I push these two items through that we held over from this morning? -number 6, where... j Mayor Suarez: What was that, Commissioner? i Commissioner Dawkins: That's to take the $600,000... Mayor Suarez: Yes. Commissioner Dawkins: ...and that they cannot spend any money before coming to us. I so move. You got the resolution, Mr. City Attorney? Mr. -Jorge Fernandez: Yes, I have it. — i Mayor Suarez: Nay, do you want to modify it so that we have to reconsider it? -is that what you want to do? Mr. Fernandez: No, it's not necessary. Mayor Suarez: No? s Mr. Fernandez: What I understand that Mr. Dawkins, that you have agreed to do is to pass two resolutions before passing on the acquisition of the trucks, of the vehicle, you have agreed that another resolution would be passed...that, _ would read like this: THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. In other words, you're retaining... Commissioner Dawkins: So move. �= Y Mayor Suarez: I'm sorry, I need to understand before -I can vote it. Commissioner Dawkins: So move. Mayor Suarez: Retaining what? Mr. Fernandez: The City Commission is retaining all the authority to make any, determination of appropri.. of allocating any of the monies that come under - this fund. 4 Mayor Suarez: And we can do that by a simple motion without reconsidering the prior approval? Mr. Fernandez: That's right. You can do that. Mayor Suarazi All right, so moved. r Vice ;Mayor Plummer: Second. . 4w�y9 1.39 3 2 l44r r-A S b,. SO Mayor Suarez: Seconded. Any discussion? If nit, please call the roll: The following resolution was introduced by Commissioner Dawkins, who moved its adoption: _ RESOLUTION NO. 91-141 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING j PRIOR CITY COMMISSION APPROVAL FOR THE EXPENDITURE OF MONIES FROM THE SOLID WASTE REDUCTION RECYCLING ANC) EDUCATION FUND (FY 191) AS ESTABLISHED FEBRUARY 14, ;w 1991, BY THE ADOPTION OF ORDINANCE NO. 10837, IN ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATUTES, PURSUANT TO THE STATE OF FLORIDA WASTE MANAGEMENT GRANT RULE 17-716 AND SECTION 403.7059, FLORIDA STATUTES. -'r (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 Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. ` _ Mayor Xavier L. Suarez r t NOES: None. ABSENT:Commissioner Miriam Alonso Mr. Fernandez: And then is a second resolution, the one that actually gives the administration the green light to acquire the trucks, which reads like this: THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. '--_ Commissioner Dawkins: So move. Vice Mayor Plummer: Second. Mayor Suarez: So moved and seconded. Now how does that differ from what we did this morning? Mr. Fernandez: What you did here this morning by ordinance was set up the fund into which you put $600,000. The second resolution, the resolution +` before this one, is where you establish your policy that you want all of these items that would be spent - all the monies that would be spent - to come to you. And, actually, this is the first item then that comes to you spending $244,000 out of the $600,000 that you just putinto that fund. That is the exact historical... Mayor Suarez: One of those is unnecessary. Mr. Manager. One of those is clearly unnecessary. 4 Vice Mayor Plummer: You accepted the six hundred, you set the policy... Mr. Fernandez: Yes. Vice Mayor Plummer: ...and then you purchased the equipment. You still got money left over. Mayor Suarez: To accept the six hundred, to say that, it has to come before us x so that we can make the ultimate decision and then to make the ultimate - decision as to some of it is redundant. But, anyhow. Mr. Manager, we slid it Kk" in three steps, when we could probably have done it in one or one and a half � t,;t. 1 �.. or two or something, Now, are you recommending this articular ex enditure B r Y P P P- ; Rt- now? is this totally a hundred percent? F Mr. Qdio: On the trucks? S rat 140 February 140 1991 t�'t Y .i lit Mayor Suarez: Yes, You weren't recommending it this morning and it, somehow, from this morning to this afternoon we're at a point of actually making the purchase. Is that what you're saying? Mr. Odio: I thought we were going to wait until we can sit down with Commissioner Dawkins to find out what this.... I'd rather wait to really review this whole thing and then come back to you. Mayor Suarez: What process was followed that would allow us to vote on "= 1_ ultimately on this purchase right now? -that somehow wasn't ready this morning and it's ready this afternoon. I don't understand. Am I missing something here? Mr. Odio: I don't know. Vice Mayor Plummer: The purchase. Mayor Suarez: But, I mean, have you... Commissioner Dawkins: The whole problem is that, Mr. Mayor, I think I can help. The Manager and I both agree - I mean, are in agreement - that the recycling program will cost the City of Miami money. But how to solve the dilemma that we're in, we have not yet found a solution. We don't know whether the solution is to tell the state we don't want the money, that you take it, and you go with somebody else for recycling. We don't know whether to take the money and come up with a comprehensive plan that we know that for three years we're going to do this and we'll be able to phase the recycling program into the regular sanitation budget, or we don't know if we want to take it this year and don't take it at all next year. So the Manager and I, we've been sitting down and kicking things around, and he also has gone out to the private sector to get some feedback and we're just at a point where we don't know what to recommend, Mr. Manager. Mr. Odio: Right... Mayor Suarez: OK, but I have an idea, what I would personally recommend, this f is not necessarily it, but as to the purchase of these trucks, have you gone out between this morning and this afternoon or at some point before today and done a competitive bidding process or otherwise? Vice Mayor Plummer: Yes, we have it. Mr. Odio: Yes, the prices of the trucks are set. Vice Mayor Plummer: We have it. Mayor. Suarez: OK, so you would have otherwise been ready to do this this 9 morning, but you decided for what ever reason, not to put it before us. Mr. Odio: Commissioner Dawkins and I have been talking that we could very well decide next week or the other week when we get other proposals, to come back to the Commission and say, we should give it to the private sector or we should not. Mayor_ Suarez: Oh, I see, you're still considering doing some of this privately. And how does the purchase of the trucks play into that? Are we going to have some... - Mr. Odio: Well, why buy the trucks if we're not going to do this? Mayor Suarez: But now you're saying maybe we should not pass this motion then, that we just made. w Mr. Odio; I'm saying that maybe we should put the purchase of the truck in abeyance for another week or two weeks or three weeks or whatever. Mayor Suarez: Hold off for another two weeks7 f a; mr, Odio; Unless.., Mayor Suarez: Take one last look at the alternatives. 1.41 Yebmary 14, 1991 t r ya fi`t 1 r 4 Commissioner Dawkins: OX, tell you what, Mayor Suarez: Let's see where we are. Commissioner Dawkins: If you hold off for two weeks, I'm finished with the whole thing. No, no, see, I'm not going to see... we got to fish or cut bait. See. Vice Mayor Plummer: The real bottom line is, after the state grants run out, how in the hell are we going to find the money to operate? That's it. Commissioner Dawkins: That's right. That's the key, that's it. Vice Mayor Plummer: And you know what the immediate answer around here is, raise the garbage fee. Commissioner Dawkins: That's right, and I'm not going to vote for that. Vice Mayor Plummer: And that's distasteful to everybody. Mayor Suarez: These trucks definitely are going to have this... Mr. Odio: I tell you, we can buy the trucks, because I have been assured that if we decided - but you decided - to go to the private sector, they would have to pick up this equipment and what we paid for it.... Vice Mayor Plummer: Well, have we done a comparison of what... we know what the private sector charges. — Mr. Odio: We know what the private sector... Vice Mayor Plummer: Because that was told to me by the guy who is doing it for the County. They will do it for $1.53 per month, per household. So we know that factor. Have we determined yet what it will cost us to do the same service in-house? Mr. Odio: We have not, we have not. Vice Mayor, Plummer: Well, I think that's important. Mr. Odio: Well, that's what we're doing..`- Vice ,Mayor Plummer: Well, then, you know, if you find out that you can donit, cheaper on the outside, unless you can say to me, hey, if we go to the outside, we're going to force the private hauler to assimilate our trucks...% Mr.,Odio: But, Commissioner, this... 1; you cannot..., Commissioner Dawkins: And also, J.L., I agree with you for one more other thing. You give it to the private hauler and the private haulers tells me now that he's doing it for.$1.57 a household. And in 1983, the private hauler tells us, I'm going to only pick up your recyclables for $2.50 a household... h Vice Mayor Plummer: Excuse me, my colleague, my understanding is that , contract which we can avail ourselves to that exists in the Count is for tea tF � years. y Commissioner Dawkins: No, sir. )(I Vice Mayor Plummer: That's what I was told ten years. Mayor:Suarez: It must have an escalation clause, I'm sure. k Vice Mayor Plummer: No more than five percent a year. Mr. Odio:. Well, the one ... Commissioner Plummer.... Vi�+a Mayor Plummer: That's what I was told. Now, I don't know if that's 1 right car wrong. _ 142 February 14, 1.991 1' s Mr. Odio: Commissioner Plummer, recycling is not a simple thing. Let me add aomething. The resale of the materials we're picking up for recycling. We have to have a market for them. It could very well be that if we don't have long terms agreement with the people that are buying this recyclables, that one day we're going to go to them and say, "Here it is," and they say, "We i don't want it," Vice Mayor Plummer: Well, excuse me. If you have a private hauler, then you have... no, that's his problem. Mr, Odio: That's the things that we're looking at. Commissioner Dawkins: But the private hauler, J.L., the City of Miami, the City of Coral Gables, the City of Hialeah, Key Biscayne, we all have to pay Dade County dumping fee. And when Dade County tells the private hauler, I'm going up "X" dollars per ton for the dumping fee... Vice Mayor Plummer: No, you don't have a... Commissioner Dawkins: ...the private -hauler is not going to swallow that. He's going to... Vice Mayor Plummer: Excuse me. You do not have dumping fees on recyclables. Commissioner Dawkins: Why you don't? Vice Mayor Plummer: Not on recyclables. They recycle them and sell them. Commissioner Dawkins: No, no, they pull it out. But what you do with what you can't resell, J.L.? Vice Mayor Plummer: Well, they resell the paper, they resell the aluminum, they resell the glass, they resell it all. May or.Suarez: Assuming there's a market. We are... Vice Mayor Plummer: But that's the private hauler's worry, I'm saying, not ours. �. a Mayor Suarez: If they do it, that's their worry..` is Vice Mayor Plummer: Well, it's... _ Mayor Suarez: Well, unless, J.L., you make an agreement with them, all right? One of these ten year agreements that they're talking about and they fulfill it for ,a year... Vice Mayor Plummer: Wait a minute, please._ Mayor Suarez: Yes. i; t a Vice Mayor Plummer: Carlos, I sent that man to you... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: OK. Because I refused to talk to the man. I said, go j talk to the administration. He told me, right or wrong - and Carlos, you 4 ought to be, I hope you looked into it - that it was a ten year contract, no more than a five percent escalation a year, i Mayor Suarez: Yes, J.L., but there's a problem, 51 Mr. Odiol I met with him yesterday, Mr. Ralph Balochi. Vice Mayor Plummer; OK, _ x Mr. Odio: And :he did not say anything about ten years. He said that next +� �, e►ea� he!ll come back with a full. proposal. Vice Mayor Plummer: He told me that we could avail ourselves of the scene qQatract..that they gate to the County and that's a tea year contract, k -_ 143 February 14,1 1 F �y6 �. _. —__ ... • i [ :t1s°+� _. yam' Mr. Odiot Fine, fine. But I have not seen that in writing or a proposal, that he said he would give it to me neat week: Mayor Suarez: It does assume that those contracts, those long term.., Mr. Carlos Smitht Commissioner, let me... Mayor Suarez: Wait, Carlos, Carlos. Those long term contracts assume a market for the recyclable... Vice Mayor Plummer: No, sir, it does not. Not this one. Commissioner Dawkins: You know, Mr. Mayor... I Mayor Suarez: I guarantee you that they have their own calculations of that. } Commissioner Dawkins: Go ahead. Mayor Suarez: If the market falls out because of all the different municipalities putting this stuff out... Vice Mayor Plummer: There was no escape clause. Mayor Suarez: No, no. There is. - I Mr. Smith: There is... 1 Mayor Suarez: The escape clause is that you'll never see them again. I mean, unless they're such a huge company, they simply will go out of business because the market all. of a sudden will make their cost prohibitive. So far, �- it's a very quickly changing market because of state law and federal law that requires so much of the stuff to be recycled. And we're having to deal kind of on the short term on it, but... Commissioner Dawkins: Mr. Mayor, I'd like... {` Mayor Suarez: ...if you can get a ten year contract, that's better than not a having it, I suppose. tt4 I: Commissioner Dawkins: Mr. Mayor, I want to say one thing. W Mayor Suarez: Yes. Commissioner Dawkins:_ Through the Mayor to the administration. When you people in the administration get people to come see you recommended by a { Commissioner, why in the hell don't you bring that information to the rest of us? Whydo you hoard it and then come before the Commission and you're y y privileged to something that J.L. Plummer told you that they told him, I don'tTT ' know what the heck you're talking about, and I'm concerned about the wholei f . thing. You're discussing it with me, but you didn't tell me J.L. Plummer sent Piccolo,Pete to tell you what it was. That's one.thing. Mr. Odio: Commissioner Dawkins.... Commissioner Dawkins: And Mr. Mayor, I agree with you, and I'm going to say it every day here. Vice Mayor Plummer: I sent him up to see you. Mr. Odio: No, that's not what happened. Vice Mayor Plummert What do you mean no? Commissioner Dawkins: Eventually, if the total County starts to recycle newspaper - I'm just going to use newspaper as one entity, one thing -.the market is going to get saturated. Newspaper is going to drop down to as much �.f as ten cents per hundred pounds. Nobody is going to buy it. Nobody is going to- collect it. Why should you collect a hundred pounds of newspaper for a dims? So, therefore, the County or the City or the private hauler.,. Vice Mayor Plummer: Because you're getting $4.53 a household, that's why, h 144 F�:brµary i+♦ Commissioner Dawkins: ..:spends $1,800 that day on the truck to pick up three tons of newspaper, which is worth $3.00. .lust ain't going to work. They're going to back out, Vice Mayor Plummer: Well, they make their money in the dollar and fifty-three cents per household per month, that's where they make their money. Mayor Suarez: Yes, under present market conditions. Vice Mayor Plummer: So, all I'm saying is, that I think we've got to compare apples to apples and oranges to oranges. That's all I'm saying. Mr. Odio: Commissioner Dawkins, Mr. Balochi was called last week by Carlos Smith because I asked him to call him because I had had a conversation with you that we needed to look at what the private sector would charge for recycling. I did not know that Commissioner Plummer had talked to him. Vice Mayor Plummer: Excuse me. Mr. Odio: Excuse me, Commissioner. I had asked, when we had a conversation... Mayor Suarez: They had telepathy, you know. Vice Mayor Plummer: No, telepathy, helll Mr. Odio: I did not know... Vice Mayor Plummer: Mr. Smith, when did I send... it's been over... Mayor Suarez: That's the headline in tomorrow's Herald - Telepathy, Helll Vice Mayor Plummer: It's been over two months ago when I sent that man upstairs to you. Mr. Smith: That is correct, sometime ago... - Vice Mayor Plummer: You bet your bippy, it's correct. e; 9; Mr. Smith: Sometime ago I did talk to him and I... Vice Mayor Plummer: What?< Mr. Smith: Sometime ago I did talk to Ralph. - Vice Mayor Plummer: That's right, you sure as hell did. #' Mr. Smith: That's correct., And this time, the,Manager,came back and said he wanted to go ahead and investigate this further, and I called him. ;. Vice::Mayor Plummer: Sir, I did not send him to see the Manager because it was in your bailiwick and I sent him to see you. It's been two or threemonths ago. :So don't tell me that he just came by last week. Mr. Odio: And we didn't do anything until I had a conversation with the Commissioner as part of this Commissioner Awareness, that what do we. want, to dowith recycling.and he said we might have to look at the private sector. I asked Carlos Smith to call that company and said, what are they charging for this thing? Mayor Suarez: Yes, the Commissioner Awareness program does not preclude any Commissioner delving into things and referring to the Manager or, otherwise ` giving his opinion. So, let's not got into an argument about that. Carlos, what precludes us, since you're considering - you're my man on mandatory # _. a th recycling provisions, I think. The only one that seems o have a particularly ; friendly ear to this concept, at least as the Manager tells me, Maybe Ron W. does now. What precludes us from passing legislation? Looking at, that scenario that was presented by... 41 Gommiseclaner Dawkins; I need to hear that again. Say it one more time, Mr. *. savor, J .didn't hoar it. Mayor Suarez: I was basically told that Mr. Smith had finally sort of seen the light and religion, and otherwise begun to understand the value of mandatory recycling, and I'm pleased to find somebody, because so far, I — haven't found much of a friendly ear in the administration. ;{• Commissioner Dawkins: Well, now...but Ron... } Mayor Suarez: Maybe Ron Williams now that he's heading that department is also friendly to this concept. I don't know. So anyhow, by way of a preface. But what precludes us, to analyze this thing the way Commissioner Dawkins wasx beginning to analyze it, let's say that newspapers become so many in the market, so voluminous in the market for recycling, that the price drops to almost zero. What precludes us !rom telling Nancy and the Herald, et cetera, that they must use, they must use, for their paper, either all recyclabler paper or at least some percentage of their raw paper to be from recyclable newsprint? Can we pass a local ordinance that would do that? Mr. Fernandez: Yes, you can pass an ordinance that would address that. Now, k- the... } Mayor Suarez: Can we initiate then, since, see, I don't let you do the disclaimer. Can we initiate discussions with the circulation people at the a Herald, with the management people at the Herald, with the business people at the Herald, to see how we can create a mandatory incentive or nonmandatory incentive for them to use more recyclable paper in their operation? Can we do that for other people? Can we do that for other products? Can we do that r for... Mr. Odio: I believe that Knight-Ridder has a recyclable plant somewhere in Georgia. Mayor Suarez: Maybe they do. I got, for the first time in my life, I got from a sister of minewho coincidentally is up in the northwest where apparently they're very advanced in these mandatory recycling measures, I got _ paper which said on the bottom of it, "This is recycled paper." - Mr. Odio: The Herald is too. g Mayor Suarez: I've never seen that in the Herald printed anywhere. Maybe they use some percentage of their feed stock for their production of their paper that they get from whatever that is that they get their paper, is recycled paper. But we could impose all kinds of ordinances locally that products to be sold in this community must have some percentage recycling... Mr. Odio: Well, this fellow... , Mayor Suarez: ...that products to be disposed of in this community must be for recycling. That certain products that cannot be recycled cannot be sold in this community, et cetera. I'm hoping one of these days to get these ordinances back, because those ordinances will make it so that people have a natural, economic incentive to recycle and so that what we save of the other garbage that they would otherwise get rid of in the tipping fees that Commissioner Plummer has been talking about - Vice Mayor Plummer - is more than what we need to do the recycling. Recycling should more than pay for itself. If you guys don't believe that, then you ought to do some more traveling and look at other cities. All right? So please bring me back some legislation sooner or later on this. Mr. Odio: On newspaper, this fellow yesterday told me that they have a national contract and they cannot sell enough, that's what he said. Mayor Suarez: Maybe if they were all required to use recycled newsprint, that there would be more demand, I don't know. Vice Mayor Plummer: Let's go picket the Herald. �Y.-. Mayor Suarez: OK - and I'm assuming 'f assume that they use a lot of paper, 32. Whose... that the Herald, just because simply I they certainly put out a lot. OK, item fXE # 1 ¥ Tex tir: ti !i^ Mr. Odios Resolution on the trucks. 5 Mayor SuArez2 OK, now, what is your final recommendation? Mr. Odio: Let's go ahead and.., Mayor Suarez: Shall we go ahead with the purchase now... Mr, Odio: Let's go ahead and do it and then... Mayor'Suarezi Now, these trucks are not going to be the ones that you throw the plastic bottles and they coming flying right back at you, right? Mr. Ron Williams: That's right, Mr. Mayor. Mayor Suarez: And you're going to show my staff those specs?" Mr. Williams: We'll also show them the units themselves, Mr. Odin: We'll show them to all of you. Mayor Suarez: All right. And you're sure that when I throw that plastic ' bottle, it's not going to bounce right back at me and come right out of the bin, right? Vice Mayor Plummer: Ohhh Veyl_ Mr. Williams: Well, of course, Mr. Mayor, we'll teach you the touch on it also, but we hope not. Mayor Suarez: All right. You have a deal. Vice Mayor Plummer: Here comes Demetrio Perez picking up your Mayor Suarez: We have a motion and a second. Any further discussion other than any., references to past Commissioners or present Commissioners? Call the s:. roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoptions ; RESOLUTION NO. 91-142 A RESOLUTION APPROVING THE PURCHASE OF FIVE (5) RECYCLING COLLECTION VEHICLES UNDER BID NO.'89-90-143 FROM MUNICIPAL_ SALES AND LEASING, INC. FOR THEi•: DEPARTMENT OF ENVIRONMENTAL SERVICES. AND OPERATIONS MANAGEMENT IN AN AMOUNT NOT TO EXCEED $244,625.00; ALLOCATING FUNDS THEREFOR FROM THE SOLID WASTE REDUCTION; RECYCLING AND EDUCATION SPECIAL REVENUE GRANT r'UND (FY 191) 9 AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT SUBJECT TO :THE. AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on ; file in the Office of the City Clerk,) x Upon being seconded by Commissioner Plummer, the resolution was passed p. and adopted by the following votez W AXES; Commissioner Victor De Yurre *Commissioner Miller J, Dawkins *Vice Mayor J. L. Plummer, Jr. _.., Mayor Xavier L. Suarez r' NOES: None. Y ro t ABSENTt Commissioner Miriam Alonso CrMM#NTS MADE DURING ROLL CALL: 147 YoUrwory 44 a 0 Bi • JJ S *Commissioner Dawkins: On what? Ms. Hirai: On the purchase of the vehicles, sir. Commissioner Dawkins: Acquisition of the trucks?_ Ms. Hirai: Yes, air. **Vice Mayor Plummer: Do I get one for the weekend? Yes. COMMENTS MADE FOLLOWING ROLL CALLt f= Mayor Suarez: Make sure that you put right in there for recycling, the <t transcript of this Commission meeting. I think it's prime recycling paper. - - --- ------------------------------------------------ - ----- : : 48, APPROVE TWO PENDING APPOINTMENTS, TO BE SUBMITTED IN WRITING TO THE CITY CLERK, TO SERVE ON URBAN DEVELOPMENT REVIEW BOARD - AMEND 90-292 AND 90- 272 TO PROVIDE UNIFORM TERMS OF OFFICE FOR MEMBERS OF THE BOARD. - ------------------------------------------------------------------------------ Mayor Suarez: Urban Development Review Board. s Vice Mayor Plummer: Whose appointments are they?:. Mr. Guillermo Olmedillo: Commissioner De Yurre has two appointments, and alsoY. remember we have to make uniform the terms. Perhaps if the Commissioner doesn't have the appointments, you can vote on making the terms uniform. Mayor Suarez: On making the terms uniform, I'll entertain a motion. Vice Mayor Plummer: Move. Mayor Suarez: Moved and seconded and thirded. Any discussion? If not, = 4 : please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: - RESOLUTION NO. 91-143 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD; FURTHER -_ AMENDING RESOLUTION NOS. 90-292 AND 90-972 TO PROVIDE I;'',; A UNIFORM TERM EXPIRATION CALENDAR DATE, DECEMBER 31,' FOR ALL MEMBERS SERVING PRESENTLY AND IN FUTURE 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 Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. t; ABSENT: Commissioner Miriam Alonso. K Ma or Suarez: Item 33. - tA;+ Vice Mayor Plummer: Whose appointments are on... Code Enforcement. t Mr. Jorge Fernandez: Excuse me, back on item 32, did you make your t ,g r appointments, Commissioner De Yurre? "ass Comisaioner Ps Yurres No, I'll make them later on today. - 146 February 4449911 9' i ^3 40. (A) APPOINT INDIVIDUAL TO SERVE AS A MEMBER OF THE CODE ENFORCEMENT $OARD APPROVE TWO PENDING APPOINTMENTS, TO BE SUBMITTED IN WRITING TO THE CITY CLERK (Appointed was: John McBride). F (B) COMMISSION STIPULATES THAT, PENDING APPOINTMENTS TO BE MADE BY COMMISSIONERS DAWKINS AND DE YURRE TO THE CODE ENFORCEMENT WOULD BE CONSIDERED APPROVED WHEN SUBMITTED IN WRITING TO THE CITY CLERK. ------------------------------------------------------------------------------ Vice Mayor Plummer: Whose appointments are up on Code Enforcement? Thirty- three. Commissioner Dawkins: Where is Code Enforcement? What number is Code Enforcement? Vice Mayor Plummer: Thirty-three. Commissioner Dawkins: Thirty-three? I don't have 33 here. Vice Mayor Plummer: I got it here. Two ninety, 293, 294... wait a minute... Mr. Jorge Fernandez: The way the resolution reads, the appointments are one to the Mayor, one to Commissioner De Yurre, and one to Commissioner Dawkins. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Olmedillo: You have on the cover page of item 33, you have at the bottom, — you have three vacant positions. One for the Mayor, one for Commissioner De _ Yurre, and for Commissioner Dawkins. Commissioner Dawkins: Who now? -I didn't hear you, sir, I'm sorry. Mr. Olmedillo: One for you, Commissioner Dawkins... Commissioner Dawkins: OK, well, let me see what you have. Wait a minute, stay.. Vice Mayor Plummer: Wait a minute, the ones are Piedra and Angleton. They're the ones that are up. Mayor Suarez: OK, I nominate for my appointment, since I understand that Obdulio Piedra wants to resign, does not want to be reappointed, Mr. John McBride from the Roads Association. Vice Mayor Plummer: All right. And the other one is Angleton, which I guess was Dawkins. Commissioner Dawkins: say I got an alternate, J.L. r Vice Mayor Plummer: Well, whose is Angleton? Commissioner De Yurre: Mine. Vice Mayor Plummer: OK, so it's yours then. Commissioner De Yurre: Yes, I'm not sure if he wants to be reappointed or not, so..... Vice Mayor Plummer; OK. t _is, Mayor Suarez: All right, that one's pending. r Do we have a second? � - Commissioner Dawkins: Yes, second. Vice Mayor Plummer; Second. Mayor Suarers Call the roil. Yes? _ f Y f� 149 t So as to mine, it's nominated, S Commissioner Dawkins: Go ahead. Call the roll. The following resolution was introduced by Mayor Suarez, who moved its , adoption: RESOLUTION NO. 91-144 '- F A RESOLUTION APPOINTING TWO INDIVIDUALS TO SERVE AS MEMBERS AND ONE INDIVIDUAL TO SERVE AS AN ALTERNATE MEMBER ON THE CODE ENFORCEMENT BOARD OF THE CITY OF I MIAMI, FLORIDA. (Hors 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 Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso - Commissioner Dawkins: Mr. Mayor, I would like without having to come back to the board. — Mayor Suarez: Can we do that by form of a motion? Vice Mayor Plummer: Sure. Mr. Fernandez: Yes, if you vote on it. Z Vice Mayor Plummer: I move that the name submitt a approved. Mayor Suarez: So moved. You want to do that Yurre? Commissioner De Yurre:Sure, sure. Vice Mayor Plummer: And'Commissioner De Yurre. Commissioner Dawkins: Thank you. Mayor Suarez: Yes, as to Commissioner De Yurre, D to submit mine in writing -to submit them in writing? a ed in writing by Dawkins be }. with yours, Commissioner De wkins' appointment. issioner Plummer, who moved. OINTMENTS TO BE YURRE TO THE CODE OFFICIALLY MADE` NG, TO THE CITY }t the mot ion was paused and r trob ua;y► 14; 1991 s C L Y a ed in writing by Dawkins be }. with yours, Commissioner De wkins' appointment. issioner Plummer, who moved. OINTMENTS TO BE YURRE TO THE CODE OFFICIALLY MADE` NG, TO THE CITY }t the mot ion was paused and r trob ua;y► 14; 1991 s C L Y S + AYES: Commissioner Victor be Yurre Commissioner Miller J."Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. -- --- -- ----------------------------------- - --= 50. CONFIRM SELECTION BY CERTIFIED BARGAINING REPRESENTATIVES OF CITY EMPLOYEES OF AN INDIVIDUAL TO SERVE AS A MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD (Confirmed was: Robert Cummings). Ct ---_-------.._-__-____-..--------------------------------- __---- ..___..__ Vice Mayor Plummer: Who's up on 34? Mayor Suarez: Thirty-four?_ Vice Mayor Plummer: Who is the recommendation? Mr. Robert Cummings to the Affirmative Action Advisory Board. Mr. Odio: The SEA. Sanitation Employees Association () j Vice Mayor Plummer: I so move the name of Robert Cummings. i-' Commissioner Dawkins: Second. i Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Vice Mayor Plummer: It's their selection. The following resolution was introduced by Commissioner Plummer, who - moved its adoption: ' RESOLUTION NO. 91-146 .. :,. A RESOLUTION CONFIRMING THE SELECTION OF AN INDIVIDUAL BY CERTIFIED BARGAINING REPRESENTATIVES OF CITY EMPLOYEES TO SERVE AS A MEMBER OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR A TERM EXPIRING FEBRUARY 14, 1993, AND RECOGNIZING SAID INDIVIDUAL AS A BOARD MEMBER. (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- 5 and adopted by the following vote: AYES: Commissioner Victor De Yurre A i. Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT Commissioner Miriam Alonso. Commissioner De Yurre: Let me as something.' What's the composition,` f' ethnically, of the board?J. h f Mayor Suarez: Which one? Mr. Odio: You have Ted Stahl.... Mayor 'Suarez : affirmative Action? Commissioner De Yurre: The ,Affirmative Action. t t t - 151 _Fe'bruory.14, i Gy k Yak Mr. Odio: i" You have Ted Stahl and 1 can remember. Vice Mayor Plummer: No, no, he's talking about Affirmative Action..` Mayor Suarez: Wait, wait, wait, which one are we talking about? Are we talking about item 34 or 35? Mr. Odio: Oh, Affirmative Action. Commissioner De Yurre: Affirmative Action. Mayor Suarez: Affirmative Action Advisory Board. With the new appointment, how will it look? -if you have an ideal Mr. Pamela Burns: I don't have those figures exactly with me. We are still ;& underrepresented in terms of Hispanics, though. Commissioner De Yurre: How many members are there? Ms. Burns: Fourteen. And four appointed by the various unions. So, there are ten appointments made by the board. Commissioner De Yurre: And you don't know the names - we don't have the names here of the members? Ms. Burns: I don't have it with me. As far as the breakdown though, I could: get that for you shortly. t! f, Mayor Suarez: OK, see if you can table the item and try to get it for the i, Commissioner, we can take it up at any time. Mr. Odio: The Affirmative Board doesn't have affirmative action, on it Commissioner De Yurre: Hey. _ Mayor Suarez: The Affirmative Board is lacking affirmative action. All right. Coconut Grove standing.... - Commissioner De Yurre: Yes, get that to me like as soon as possible. ■ Mayor Suarez: OK, in the next... _ Commissioner Dawkins: J.L., what is this? i= Mayor Suarez: ...hour, please. ------------------------------------------------------------------------ 51. (Continued Discussion) APPROVE PENDING APPOINTMENTS, TO BE SUBMITTED IN WRITING TO THE CITY CLERK, TO SERVE ON THE COCONUT GROVE STANDING FESTIVAL COMMITTEE (See label 20). .r Vice Mayor Plummer: This is the one that three of the members aren't showing up. De Yurre's man resigned. He has to make another appointment. Dawkins, I think you need to change your appointment. And the Mayor, I don't know about yours. Mayor Suarez: They told me mine was attending. Mr. Frank Castaneda: That's correct, I think part of the problem that Ted i." Al Stahl has some work outside of town and then he was unable to attend and Y that's why you only had two individuals. Mayor Suarez: OSo, it's De Yurre and Dawkins' appointments then, ` Commissioner Dawkins, All right, I'd like permission to submit a name. in t writing. — t _ lost 152 February 44# 199, 01 WPI moved its adoption: RESOLUTION NO. 91-147 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. 1�. 1 52. WAIVE COMPETITIVE SEALED BIDS AND APPROVE FINDING OF SOLE SOURCE ■ APPROVE PURCHASE OF FIVE SPECTRA CONTROL STATIONS FROM MOTOROLA: COMMUNICATIONS AND ELECTRONICS, INC. (TO BE USED WITH CITY'S 800 MHz NET + ■ - TRUNKING RADIO SYSTEM.) f Vice Mayor Plummer: Move 37. Mayor Suarez: Item 37 has been moved. What about 36? It requires a 4/5ths vote. You must be aware. it's the bids. Vice Mayor Plummer: Well, nobody opposed to it. Mr, Fernandez: And it's a public hearing, Mr. Mayor. 4 Mayor Suarez: OK, does anybody wish to be heard for or against item 37? Let_ the record reflect that no one stepped forward on 37. We have a motion. Do C Y y.. } low- t e Commissioner be Yurre, "yes, the too. We'll get one in the next couple of days. Vice Mayor Plummer: I'll move that the names submitted by the two `.. Commissioners be approved when they submitted them in writing. Mayor Suarez: So moved. F- Commissioner De Yurre: Second. _ Mayor Suarez: Seconded by Commissioner De Yurre. Thank you. Call the roll. 4 The following resolution was introduced by Commissioner Plummer, who F The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-148 A RESOLUTION, BY A 4/5T14S AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF FIVE (5) SPECTRA CONTROL STATIONS TO BE USED WITH THE CITY'S 800 MHZ NET TRUNKING RADIO SYSTEM FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. THE SOLE SOURCE s VENDOR FOR THIS EQUIPMENT AT A PROPOSED COST OF $15,950.00, FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES TO PROVIDE COMMUNICATION WITH HOSPITALS AND TO ALERT THEM IN THE EVENT OF INCIDENTS OF MASS CASUALTY AND TRAUMA PATIENTS; ALLOCATING FUNDS THEREFOR FOR THIS PURCHASE FROM CAPITAL IMPROVEMENT j PROJECT NO. 313237, ACCOUNT CODE NO. 289401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS f. EQUIPMENT. { F I (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 Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. - 53. RATIFY MANAGER'S FINDING OF EMERGENCY - ACCEPT INFORMAL BID OF MET CONSTRUCTION, INC. TO COMPLETE MODIFICATIONS TO FIRE STATIONS NO. 1, NO. 4 AND No. 5 - FOR PROVISION OF NECESSARY MATERIALS, CONSTRUCTION AND SERVICES TO COMPLETE PROJECT (3133018). ------------------------------------------------------------------------------ Mayor Suarez: Item 38. Vice Mayor Plummer: Thirty-eight? Mayor Suarez: Do we need to state the reason for the emergency, Mr. City Attorney? -or just as long as we get the 4/5ths vote? Mr. Jorge Fernandez: It's all contained in the record, and the record is part of the transcript. Mayor Suarers All right, we've... Commissioner Dawkins: Mr. Mayor... Mayor Suarers Yes, Commissioner Dawkins. E`,> Commissioner Dawkinss I move that this be continued. I constantly tell the City Manager.... M� 4 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. XY Commissioner Dawkinss No, go ahead, I'll let it. Go what happens. Go ahead. A Mr, Fernandez: Thirty-eight. Nrt" `i L(A Iti?r r 154 a `2 y � y}1 Mayor Suarez: Item 38. The City Manager's finding of an emergency requiring 4/5ths vote on this item modifying fire stations number 1, 4, and 5. Mr. Odio: What happened here on the three, the original contractor failed to complete the work started on the fire stations 4 and 5. And they have also failed to start the work on fire station 1. And we rescinded the contract for ` the station 1 on October of 190. The original contract was for 60 working days, and Intrepid three has exceeded four months without completing the _= improvements. Commissioner Dawkins: The only problem I have is that informal bid for e $1400000. I have a problem with it. That's all. Vice Mayor Plummer: I move thir...-- Mr. Odio: We were caught here... Vice Mayor Plummer: You opposed or not? Commissioner Dawkins: Yes. Vice Mayor Plummer: You're opposed to it. Well, then, defer it until the next meeting, because it takes a 4/5ths vote.. Dr. Luis Prieto: May I explain this... Vice Mayor Plummer: No, because he's opposed to it. Why waste our time? Mayor Suarez: Well, he may not be inalterably opposed to it, and we may be able Vo` dispose of this. Are you trying to imply, doctor, although you t` haven't been able to say anything yet, that somehow we must take action on this? Mr. Prieto: Well, basically, the work has been already done on 4 and 5. It's J; finished.;. Mayor Suarez: That's a darn good reason for ratifying...r '. Mr. Odio: We had a situation where it was impairing the fire service. Commissioner Dawkins: Then I have to withdraw my objection. I withdraw my objection. Commissioner De Yurre: Move. 'j Ma or Suarez• A11 r' ht th k an you, appreciate it. We have a motion. Do we have a second? I take Commissioner Dawkins to have seconded it. Deem him to have seconded it. - Vice Mayor Plummer: I'm going to vote no on general principles. Mayor Suarez: Vice Mayor Plummer will be deemed to have voted yes, and we'll call the roll at this point. Vice Mayor Plummer: He'll vote for it. He's been browbeaten. ; Mayor Suarez: He has been deemed to have voted yes. X. h k ' i 155 Fobrus ',y 14, E RESOLUTION NO. 91-149 A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, CONCERNING THE MODIFICATIONS TO FIRE STATIONS NO. 1, NO, 4, AND NO. 5, PROJECT NO. 313018, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTED AND CONTINUES TO EXIST FOR SAID PROJECT JUSTIFYING CERTAIN ACTION; RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN ACCEPTANCE OF THE INFORMAL BID OF MET CONSTRUCTION, INC. IN THE AMOUNT OF $140,754.00 AS THE LOWEST RESPONSIBLE AND RESPONSIVE BID FOR NECESSARY MATERIALS, CONSTRUCTION AND SERVICES TO COMPLETE SAID PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT OF $140,754.00 TO COVER THE CONTRACT COST AND $27,822.95 TO COVER THE ESTIMATED EXPENSES INCURRED BY THE CITY, FOR A TOTAL OF $168,576.95; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. COMMENTS MADE DURING ROLL CALL: f Vice Mayor Plummer: I have been deemed to vote yes. ------------------------------------------------------------------------------ 54. (A) RATIFY MANAGER'S FINDING OF EMERGENCY - WAIVE SEALED BIDS - APPROVE PURCHASE OF SECURITY SCREENING EQUIPMENT (Project 312015). (B) REQUEST ADMINISTRATION TO INVESTIGATE METHODS TO MAKE CITY HALL MORE SECURE. ---------------------------------------------------------------------------- Mayor Suarez: Item 39. Mr. Odio: On the next one before everybody gets... we had emergency procedures we had to follow here and I authorized it, Commissioners hoping that you would because we had this machine to reveal concealed weapons that became available on an emergency basis. We didn't have any security at the Police Station. Vice Mayor Plummer: You've only got 1,100 policemen. Mr. Odio: Well, we have.., N; Vice Mayor Plummer: But no security. I'm glad you said that. Mr. Odio: We have people walking through the main lobby and you'll never know if somebody can walk in and start shooting... wit Vice Mayor Plummer: Eleven hundred policemen... �`" l5b Yebruary 14, 199 Commissioner Davkindt Move it. Mayor Suarazi Moved. Vice Mayor Plummer, . and you need. well, wait a minute, I ��,9nt to put a stipulation that every dollar you spend down there in that Police Department, you've got to spend to put the security it this building. Mr. Odio.- Commissioners, I would like to eventually put one of these things here. Vice Mayor Plummer: What do you mean eventually? After one of us gets shot? Mr. Odio: Well, I wanted to ask you if you want it. We have now instituted a policy where nobody can get into the building now... Commissioner Dawkins: You know, what J.L. has a point, you know. You got policemen down there to protect policemen. Why not put that screening device here first for us and then go get you another one for down there? Mr. Odio: Fine, well... Vice Mayor Plummer: That's the way to get it done here. Mr. Odio: Well, but, I don't want you to say we don't... we now have these doors locked all the time, and in order to get in, people have to show their ID, sign in and call your offices before they get in. Mayor Suarez: Let me... yes, and let me suggest to my brethren that, since we don't have Commissioner Alonso here, I can say, my brethren, that this building is almost impossible to secure. We can spend the $59,000, but it is so easy to get in on the upstairs side, it is ... Commissioner Dawkins: Downstairs, any.... Mayor Suarez: Yes, 1 mean it could end up being just a worthless expense. But certainly, Mr. Manager, if the Commission wants to look at it that way, and if we can a consensus, that you should be looking at the possibility of some security, additional security, for this building. Commissioner Dawkins: J.L. was just going on. Mayor Suarez: No? OK, appreciate it, because it could end up being a worthless expense. It really could. Commissioner Dawkins: I've been trying to build a building ever since I've been on the Commission, and nobody wants a new building. You would have had a first secured building. We'd have been in it by now. Call the I call the order of the day. Mayor Suarez: Before calling the roll, I have one informational que... I can do it afterwards. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-150 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE CITY MANAGER'S B14ERGENCY FINDING; WAIVING COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF SECURITY SCREENING EQUIPMENT, IN THE AMOUNT OF $57,000, WITH FUNDING THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENT BOND PROJECT, PROJECT NO. 312015, INDEX CODE 299401-840, (Here follows body of resolution, omitted here and on file in the Office of the City. Clark.) Upon being seconded by Commissioner be Yurre, the resolution was passed and adopted by the following voter AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins *Vice Mayor J. L, Plummer, Jr. Mayor Xavier L. Suarez -- NOES: None. ABSENT: Commissioner Miriam Alonso, * PLEASE COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: On what? Mayor Suarez: On the item. Ms. Hirai: We're voting 39, on the item, sir. Vice Mayor Plummer: That means they're going to put it in her also? Mr. Fernandez: No. Vice Mayor Plummer: Then I vote no. Mr. Fernandez: Then it doesn't carry. It's a 4/5th item. Vice Mayor Plummer: You bet your bippy. Ha ha ha ha ha ...... *PLEASE NOTE COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: It didn't carry. Lieutenant, maybe it will carry without the waiver. I have a question as to what this device can do and what devices can do generally. Is there anything yet devised that is not too expensive that can be programmed to allow certain weapons through, but not those that are not _ somehow, programmed into the computer? Lt. Joseph Longueira: No, sir, not that I know. a Mayor Suarez: No. a,~ . Vice Ma or.Plummer• No. The had that Y y problem... Mayor Suarez: This is somewhat of a modification of what I've seen in the, you know, just the regular counter in the store. They put the numbers across the reader and they get the price out of it. Is there nothing like that that can.screen out... Vice Mayor Plummer: No.. They had the problem with the _Glock because it had so much plastic, but that's been overcome. Mr. Mayor... Mayor Suarez: So, as to any metal, it's really what it picks up, is right? Lt. Longueira: Yes, sir, that's what it detects, the metal. s: f, f" Mayor Suarez: I mean, it doesn't tell you it's a revolver, it's a weapon, it '. just tells you there's fairly dense metal there. All right. And it doesn't >' tell you - there's no way to pre-program it to let certain things through. Lt. Longueira: Not that I'm aware of. Mr. Odio; Every federal building and now I believe state building have them, but... t ;; Vice Mayor Plummer: That's why I say that you ought to have it here, OK? Hey, I.guarantee you, if you go through history, you will find that there have beon more elected officials killed in City Hall than policemen in police _WM' stations, a, Commissioner Dawkins; In the City of Miami? � p y Fob ru,4 Vice Mayor plummert No, sir. Commissioner Dawkins: Oh, OK. Lt, Longueirat That's not... Vice Mayor plummert And all I'm saying to you is, that if you're going to start security, which I think is well to be done, I think you should have as much security here as you have at that police station. Because I don't have 1,100 policemen here. Lt. Longueirat You're right, Commissioner, and the issue with security first ! starts with policy, and you, yourselves, would have to make up your minds how secure you want this building to be. All the individual entrances, the underground entrance. All of that would have to stop. Mr. Odio: The officer portion just finished for me and I saw it Friday. A total report on what we need to do here. Vice Mayor Plummer: Mr. Manager, I will change my vote, if you will assure me that you are going to make this building as secure as any other building that you have security in, in this City. I'll vote for it, OK? But I think, overall, I think that you have got to provide the same amount as when I go to the Courthouse. When I go to the courthouse downtown to go to the County Commission, I got to go through it, and I think that here should be the same. 1 Commissioner Dawkins: If you want to make the building secure, come to my_ neighborhood and start with my house, and I can show you the guy who put the bars on my house, on the front door and the back door, and we can put some bars around here and they won't be able to get in. Vice Mayor Plummer: That's the biggest business in this town, bars and burglar alarms. Mr. Odio: Get... Lt. Longueira: I'll get you a price. Vice Mayor Plummer: I'll change my vote and vote yes to get it approved with the -assurance of the Manager that he is going to do the same for us. Mr. Odio: I cannot promise you that I can buy another of these machines for this price, because this one was something that somebody had left over or L something... . Lt. Longueira: Well... j�- �:r Vice Mayor Plummer: Buy them from Eastern Airlines, they got plenty of them. Lt. Longueira: If all he wants is the metal detector machine, that's a -lot cheaper. What the major expense in this was the bomb machine, the bomb x-ray. Mr. Odio: Well, because you also have a bomb machine. Which, by the--way,=-I want you to know that when we packages in this building now, they are opened out there first, and that's very tedious. Vice Mayor Plummer: I'll vote yes.' Mayor Suarez: All right, thank you. Do we need formally to reconsider the vote or can he just, since we're still technically on the roll call, reflect his vote as being yes. Mr. Fernandez: Yes, you are. Mr. Hirai; We don't have to call the roll. g .' Mayor Suarez: Madam City Clerk agrees. 159 �r= NOTE FOR THE RECORD At this point, Agenda item 41 was called for discussion. The record was marked to reflect no appearance by interested parties. ------------------------- --------------------------------------- ------------ 55. APPOINT INDIVIDUALS TO COMMISSION ON THE STATUS OF WOMEN (Appointed were: Gail P. Askins, Maribel Balbin-Toranzo, Cheryl A. Benton, Adrienne M. Macbeth, Stephanie D. Rolle, Barbara Sims and Nora Sa.ez Smith.) Mayor Suarez: Item 42. �- INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: I understand, Cesar, they got a new Glock out. Much more powerful. Mayor Suarez: How are we doing on appointments? Are some of derelict in our appointments? Is that... Ms. Nikki Beare: We have... Mayor Suarez: ...oh, you just have all new set of proposals. 9 , Ms. Beare: Yes, we do have a whole new set. I'm Nikki Beare, I'm a member on the Commission on the Status of Women, the City of Miami former chair, and I've been askedto present this list of names to you. We sent a letter on January 8th to City Manager Odio listing five Afro-Americans and two Hispanic names that we. submitted to you with resumes asking for your approval of appointing those people. We still have one Anglo, four blacks, three f Hispanics, and one other. What we did was sort of cleaned house because we had a number of people who were not attending. And we would like very much ;E for your support and so we can continue doing the business of the Commission -- on the Status of Women. And... Mayor Suarez: Do you have suggested appointments, Nikki? Ms. Beare: Yes, we have submitted these names, seven... Mayor Suarez;_ Did you read them into:the record, please? Ms Beare: Right Gail P. Askins, Afro-American, she's self-employed. Maribel Balbin-Toranzo, Hispanic, she's a real estate company owner. Cheryl A. Benton, Afro-American, a Miami community activist and also a business owner. Adrienne Macbeth, Afro-American, a City of Miami employee. Stephanie D. Rolle; Afro-American, and she is a training specialist. Barbara Sims, Afro- ' American, and I'm not sure what she does. I think she's a librarian. And r Nora Saez Smith, Hispanic, she's'a social services person at Wynwood. Mayor Suarez: OK, do you need a motion to include all of those? Vice Mayor Plummer: Yes, they got a new Glock out. I don't know what it is. But it's supposedly more powerful. More knockdown.. Commissioner Dawkins: Well, I see where you are attempting to replace Mary Ms..Gwendolyn Calloway: Mary McCray sent in her letter of resignation. Commissioner Dawkins: OK, that's my appointee. I will be appointing someone and it will not be from the list that you submitted. Ms, Calloway: OK, there are five, as you could see on that sheet, there are five.., —fir s � ..,..>...•� �...� - _ p s - M tax' � Commissioner Dawkins: I will say it in plain English again. i will be making an appointment and it will not be from the list you submitted. Ms. Bearet Fine. We have four other blacks we can have appointed because we have the vacancies, so that's fine.' Mayor Suarez: OK, how many other appointments others than Commissioner Dawkins' then do you submit to us? r- Ms. Bearet We have seven. Mayor Suarez: Seven. Still within the total number allowed by the ordinance creating the board? Ms. Beare: That is correct. Mayor Suarezi OK, does anyone have any problem with those submissions, or wants to move them instead? Vice Mayor Plummer: I'll move them. Mayor Suarez: Moved. -- Commissioner De Yurre: Second. Mayor Suarez: Second. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-151 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS ON THE COMMISSION ON THE STATUS OF WOMEN OF THE CITY OF MIAMI, FLORIDA. - (Here follows body of resolution, omitted here and on file -in the Office of the City Clerk.) } Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre i; Commissioner Miller J. Dawkins ; Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez - NOES: None.: ` ABSENT: Commissioner Miriam Alonso. Commissioner Dawkins: I see where you have people on this City of. Miami's . board who .are also on the County's board. Is that so that there could be; a continuity between the two boards, Nikki? Two Commissions, I mean, -the two - commissions? >� Ms. Beare: That was the intent so that we would have liaison. I would also like to bring to your, attention two items. Number one, we have been very active this past year, We have put a workshop, a government workshop series, _' �. on how to do business with the government. We have done elder care workshop, domestic violence workshop, participation and the Gender Equity Conference, Womens History Month Womens' Archives the Leadership Institute for Latin , , =' Women, the Betterment Series for the issue of battered women, and we've worked' with the joint workshop for the Dade Commission on the Status of Women and we have produced a newsletter on behalf of the City of Miami,. communicating to.'. the women in this community. We thank you very much. q Mayor Suarers Thank you, both. i - Lr� F✓,y it 56. BRIEF COMMENTS AND WITHDRAWAL OF RECOMMENDATIONS FROM THE WATERFRONT ADVISORY BOARD ON CERTAIN WATERFRONT ISSUES. -------_---_-. ----__ .------- -_---_ --_-.I------ _ --- ------..._.---- Mayor Suarez: Item 43. Item 44. An amendment to the noise ordinance. Not related to races or anything like that? Mr. Chip Cole: To race? Mayor Suarez: No, no, definitely not related to race. Mr. Odio: By the way.... Mr. Cole: I didn't hear you. Mayor Suarez: To road races, no? Unidentified Speaker: No. Mayor Suarez: No, I see, OK. Mr. Odio: Mr. Mayor, I just want it for the record. On 43, that they have asked to be on every agenda. I place them here and they're not here. ;T Mayor Suarez: Well, maybe they got their issues resolved. i Vice Mayor Plummer: Were they notified? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: John. aG Commissioner Dawkins: What is 437 Mayor Suarez: OK, no, John Brennan did ask apparently to be withdrawn from the agenda. He was not able to make it today. On the Waterfront Board. a - --------------------------------------------------------------------------- 57. APPEARANCE BY MR. CHIP COLE TO REQUEST AN AMENDMENT TO THE NOISE ORDINANCE - REFER TO ADMINISTRATION FOR THEIR REVIEW AND RECOMMENDATIONS. -----------------------------------------------------------------------------" Mayor Suarez: All right, sir. I may not even try to preempt you on your presentation. Mr. Chip Cole: My name is Chip Cole. I live at 2970 Day Avenue. I'm -here to explain about a problem to you all that exists that myself and my fellow residents feel can be alleviated by the proposed change in the ordinance, :r which I'm going to discuss. I'm going to read my statement:. "I've been a resident of Coconut Grove at 2970 Day Avenue since February of 1986. In addition to being a Grove resident, I try to participate in the community as well as support City of Miami and .; its elected officials. In March of 1990, a church "building located at 3220 Virginia Street was sold to the Hari Krishna's, and they subsequently moved in. They proceeded to renovate the building,. made it look very nice. The property looks nice and they renovated the inside to make it more appropriate for their civic use. And once they completed this renovation, they began f' having their services at this church, which we don't have a problem with. Their services consist of very loud chanting, very loud clapping, banging of drums and cymbals. While myself and my fellow residents in that area have no problem with them practicing `} their religion, their services are very loud and they start every morning at 7:00 o'clock in the morning, including weekends.,.We:'ve g+ discussed this with the Police Department and they've explained that they, are within their legal right to make ,as much noise as 102 February 144 1 Q1 4 + �i�ie�w7�Nr - they want after 7t00 o'clock in the morning according to the current ordinance. However, it's very disturbing to us around the area and to relate it, it would be equivalent to any of you having a neighbor playing a stereo as excessive volumes every single morning at 7:00 in the morning. It's the exact same thing. We've discussed the problem with the Hari Krishnas, however, to no avail. They don't feel they can do anything about it. And r^ consequently, the police advised us that their hands are tied because the current ordinance hours. Consequently, I'm proposing to the City Commission to change the restricted noise ordinance hours from the current restricted hours of 11:00 p.m. to 7:00 a.m., to 9:00 p.m. to 10:00 a.m. This would not inhibit the Hari Krishnas from practicing their religion, however, it would inhibit them from making so much noise at such an early hour and allow us residents to have peaceful sleep after that hour. With the change in the ordinance hours, the police department would then able to support us, the taxpaying residents of that area, if the Hari Krishnas were to continue with their noisy services at 7:00 in the morning." Vice Mayor Plummer: Well, doesn't this... Mayor Suarez: You would extend it to what time is he saying that he was sent.....? Vice Mayor Plummer: He's saying 10:00 to 10:00, rather than from 11:00 to 7:00. But wait a minute, let's look at the next item. Something here about the noise abatement order. Because, let me tell you, there is such an ordinance presently from 7:00 a.m. to 11:00... _ Mayor Suarez: Right. Vice Mayor Plummer: OK? But not your statement, I don't think is true that they can make all the noise they want. I think there are limitations. There is a noise ordinance on our books as to far as to decibels and distances and things of that nature already. Now, they can't make all the noise they want. They can, of course, have to be quiet during that other period of time. Mr. Cole: Well, apparently, the Police Department is not aware of that because they said, you know, they've come out and said they're within their right to do this. Vice Mayor Plummer: Well, what is the... Mr. Cole: And even though our building is located more than 500 feet. _ Vice Mayor Plummer: What does the present ordinance say about noise?� Mr. Jorge Fernandez: It's section 36.4 and it says that where the noise or ` music is plainly audible at a distance of 100 feet from the building structure, vehicle, premises, in which or from which it is produced, then that is prima facie evidence, or that can be sufficient for the people to be cited, notwithstanding... Vice Mayor Plummer: Are you more than 100 feet away? Mr. Cole: Yes. s Vice Mayor Plummer: So, they can cite, the Police Department can cite them on that. Mr. Cole: After 7:00 a.m.? 0 Vice Mayor Plummer: Anytime. 7N , 1 Mr. Cole: Anytime. "Ve, Vice Mayor Plummer: Anytime. Isn't that true, Mr. City Attorney? c4 Mr, Fernandez: Yes, Now, it has to be - if you're more than 100 feet away from theca and still it is audible, and there is certain other standards, and then it's a question of prosecuting them. It is, you know, merely our Code _ x t � 163 February 14, 1991 - s Y ;A addresses the fact that this is sufficient for a cause of action to be brought against them and then they must be prosecuted, either through Code Enforcement Board or through the County Courts. Vice Mayor Plummer: So, then do it. Mr. Cole: Well, what myself and all these other people that have signed this petition are trying to do, is trying to get the support of the Police IF= Department, and they apparently.... Vice Mayor Plummer: Well, but you see, your problem what you're proposing would address Citywide. OK? We have a lot of people who make more than a little bit of noise in the construction business after 7:00 o'clock. You would be prohibiting them from starting work until 10:00 a.m. Mr. Cole: As I was saying, maybe be some type of variance specifically relating to them? Vice Mayor Plummer: No. Mr. Fernandez: Well, we also need to see the County ordinance, because the County ordinance may have some overriding determination or some other considerations besides our City ordinance which is preventing the Police Department from going ahead and enforcing... l Vice Mayor Plummer: Well, my personal opinion of the Police Department are aware of the 7:00 to 11:00. OK? They obviously, to me, are not aware of the 100 foot distance. If it's still audible, they can cite them. Commissioner Dawkins: And we may have to provide the police with machines to measure... Vice Mayor Plummer: We have them. We bought them. !r. k Commissioner Dawkins: OK, well let's send them out there, and let the a. neighbors, let them show it to the neighbors, and... - Vice Mayor 'Plummer: Actually, when we bought the machines, it's many years ago, it was considered to be more of a building .and zoning violation than it was a police action. And I would still agree with that, that we don't need to tie policemen up on that. Let the Building & Zoning Department go out there i:— at 7:01 a.m. and if that noise is existing at that time, then. let _ them cite is them before the Code Enforcement Board. Two hundred and fifty bucks ($250.00) a day. Mayor Suarez: Sergio.: Mr. Sergio Rodriguez: The section of the ordinance that the Building and Zoning Department enforces, is the one that deals ; with construction and equipment. The one that you are dealing. with... Vice Mayor Plummer: No sir, you're wrong. We gave all of that equipment to the Building and Zoning Department, and they were to go out and register the decibel level of noise. M r Rodriguez: Yes. And it's for the purpose of measuring the. decibel level of noise for machinery, and construction equipment, and mechanical equipment from building. The noise that you are referring to, which is musical from singers and so on,, is a p-, different issue. Vice Mayor Plummer: Sergio, you were not here even when we made this ordinance. I'm telling you what the intent was at the time. Now what you have done administratively, is cut it down to' just �T construction. I am telling you that equipment was bought to ,... � measure all noise. - ? Mayor Suarez; Who has it now? the equipment? 164 l7 Ate 1791 i Mr. Rodriguez: We have equipment in the department that measures noise for, as I,., mechanical equipment, and construction. Vice Mayor Plummer: It's a decibel reading. Mr. Rodriguez: What he is talking about, is a distance you can plainly hoar,..a Mayor Suarez: You don't think it's designed to pick up decibel readings on music? Commissioner Dawkins: On anything? - Vice Mayor Plummer: Of course, it is. Mr. Rodriguez: It could. Of course, it could. The logistics which I think will be a problem will be, at 7:00 in the morning, or after hours, when we don't have office hours, logically, they are going to call the police. i Mayor Suarez: Mr. Manager, where is the Manager? Mr. Rodriguez: I am the Manager this morning. Mr. Rodriguez: You are the Manager. Mr. Manager, sir, do you } think you could get your people to go at 7:00 o'clock in the morning, or at 6:30 in the morning, or at 6:45 in the morning, on a trial basis with Chip, Mr. Cole, to figure out if indeed we have violations of the noise ordinance during those hours? If not, he is going to be back to us, to ask that we extend the hours of the day, where you cannot have excessive music, et cetera, and I am not sure what we are going to tell him, except what Vice Mayor Plummer has said up to now, which is that you know, to go into a citywide ordinance enactment mode to solve the t p'roblems of what appears to be one facility. Have you negotiated with him at all? Have you thought of citizens dispute settlement board, does it still exist, Mr. City Attorney? Mr. Fernandez: Not that I know of. ( Mayor Suarez: A nuisance suit, or other remedies before we change our entire ordinance. I mean, we are sensitive to the problem, maybe it will take us going out there -us I wean, the t Commission -going out there at 7:00 o'clock in the morning to see just how bad it is, but we've got to give him some avenue of... Mr. Rodriguez: Let me try, let us try this. Let us try now i sending inspectors in this particular case to see how it works'... Mayor Suarez: Please. Mr. Rodriguez: ..: and this isolated case I think we mi ht tr t. to work it out, and see how it works, and we report back to you, if there is a problem.. t Mayor Suarez: And you're not restrained, just like Vice Mayor is saying, you're not restrained from using the equipment that is so ,> far being used more for construction and so on, to measure }�. excessive noise that violates the noise ordinance of the City in -: any form. Mr. Rodriguez: Of course not. What I am trying to make you aware about the logistics... Mayor Suarez: And I don't think our unions have gotten us to the r} point yet that we can't use your own employees, or yourself, at 7.:00 o'clock in the morning, before you go to daily mass, to go over there and check out their facility. a- Mr. Rodriguers The concern that I have was again on the 3, logistics that g if they call, logically I've got to; call the 4 'pol''ice department at 10.00 at night, �` TR - 4 lb Tebrtry 14, 4991 a } L� b v Mayor Suarez: We are going to take your petition and put it in the record, because that's the proper procedure that I think you'd want us to follow. Don't hesitate to reschedule pushing for an ordinance, maybe an ordinance of local application to the Grove, or... you can't make a local application just to that building, because the constitution doesn't... Mr. Chip Cole: Well, what about the areas there is around it? I mean, they block around it. I mean, there is people all... Mayor Suarez: Right, the constitution doesn't contemplate that kind of a small ordinance, and I think they would f ind it to be geared at one individual, and I think there is some kind of a constitutional term for that kind of law. But we can't tell you that we have no solution to your problem, because there has got to be something we can try to do, and maybe diplomacy will have some effect, you know. Vice Mayor Plummer: Not in this case, it won't. Mayor Suarez: No? Mr. Cole: OK, thank you very much. Mayor Suarez: Don't underestimate the diplomacy of that man with his devices that he will go out there with and so on. { Vice Mayor Plummer: What you need to do is, buy a saffron robe, and go out there at 3:00 in the morning. Mayor Suarez: And don't hesitate to reschedule yourself, for reconsideration of an ordinance. Vice Mayor Plummer: Next item. ----------------- ------------- 58. DISCUSSION CONCERNING TD REALTY, INC.'S REQUEST FOR ADOPTION OF SOME TYPE OF NUISANCE ABATEMENT ORDER - ADMINISTRATION REPORTED THAT CITY IS PRESENTLY PURSUING CREATION OF SUCH AN ORDER. -------------— -------------- --------------------- -- - ---------------------- - Mayor Suarez: TD Realty Inc. Unidentified Speaker: Yes. Mayor Suarez: That was it. A11 right. Are they here? Here we go, Adoption of some type of Nuisance Abatement Order. Mr. Cameron Jacobs: Yes, sir. My name is Cameron Jacobs, 115 NE 14th Street. Mayor Suarez: In the City of Miami? .f Mr; Jacobs; In the City of Miami, yes. Mayor Suarez; Good to Year. Mr., Jacobs: I have some a... some packages I had distributed, I don't know if they have gotten to you yet. OX. This is tha r 166 �f February �4, r >. V AWLF — letter I wrote requesting on top. Then I have letters from WLRN which is the public television station, Dade County public schools, the executive director of security. There is a Barbary Coast restaurant there, James McVeigh who is an attorney, who ;. ` used to work in our office, but he couldn't... since moved, because of the problems in the neighborhood, he couldn't bring f clients in, and such. Mayor Suarez: ..Are you proposing a nuisance abatement order, or a kr_ nuisance abatement ordinance? Mr. Jacobs: I really don't know the difference. I just would like something done. Ai y Mayor Suarez: Well, an order will be some sort of a directive — signed by one individual, or something like that. An ordinance is just, it's a law that would be in the books._ Mr. Jacobs: I guess an order, and whichever would be quicker. It sounds like an order would be quicker to me. Mr. Fernandez: Mr. Mayor, if I may, Commissioner... Mayor Suarez: Yes, do you have an idea how we can handle this Mr. City Attorney? Mr. Fernandez: Yes. Commissioner Dawkins has requested our office, that we look at precisely the issues that these gentlemen are raising, and we have already prepared a tentative, or a draft - of a nuisance abatement ordinance, that address many of the issues that these gentlemen in their letters to you have raised. It's a question of making sure that this ordinance gets proper _ review by the administration, and then at Commissioner Dawkins' determination, come in front of the City Commission for consideration. Mr. Jim McVeigh: I'd like to just add one thing here. I think it's my own observation of the situation up there. The fact is !I'. that in the mornings between 6:00... i. Mayor Suarez: Did you put your name and address on the record? Mr. Jim McVeigh: Oh yes. My name is Jim McVeigh, I am one of the ones that signed one of the letters that's in the package. In the mornings between 6:00 and 9:00, or 9:30, we have a gathering there of all kinds of nondescript individuals, and it's kind of a mess. Now, if you read the letters, the letters are: more or less similar. The people in the area, including the people working at the Dade County School Board, which adjoins the property in the back, which can look right down on us from the TV building, also from the Lindsay Hopkins Dade County School Board building, and all these people, have indicated that the people - that are applying for work there in the morning, do everything x` that you can think about, that you can observe right there in public, which we outlined in our letters. That's what we are trying to correct if we can. The idea is that in this Y 8 particular business where there is a labor pool operating, and they draw ail„M d T, these people, we are not against these people individually, buy f `= we are against them as a group, because the neighborhood has y_ actually been destroyed. You can't rent an apartment there, you } can't operate an office from that area, and all you have to go is take a look at it in the morning and in the eveningwhen they (1°' come back from work. We are saying that we would ask the Commission to either do one of two things, either try to correct" the situation by making the owners of this business, which , r., adjoins our. property, have some security in so far as the I= individuals that they are drawing there to put to work. There is ' always an excess of individuals that hang around there during the r, day, and this is what caused the problem. It's a continuous..,, �j Mayor Suarez; This is the labor equivalent? r H+ F e- 167 February 14, 1�9� r Mr, McVeigh: 11 It's a labor pool. Mayor Suarezi The labor equivalent of what people complain about Camillus House with feeding. Mr. McVeigh: But the point here,.. Mayor Suarez: The people waiting, the people having no toilet facilities, at cetera.NK Mr. McVeigh: Right. The same thing occurs here. There is no if b k toilet facilities for these gentlemen, and they go in the ac , and they just do what they have to do, and this is in plain view of the people working in the School Board, which the letters indicate. We have the letters there from the executives from the School Board who indicate this, that the other employees there have reported this to them. If we could just get the labor pool to provide toilet facilities, and have an enclosed area, whether = it be a building itself, or just a fence around it. The way it operates now, next to the building that have the labor pool, it's open. Mayor Suarez: Let's get an idea. I think the City Attorney is going to tell us how many enforcement tools we have here. I mean, how many things do you think they are violating? How many 1 prescriptions of our various codes are they violating by having people, in effect they are customers, if you think about it that way, you know, being outside? - and I know you are going to tell` us this relates to the homeless too.' Mr. Odio: You cannot do anything about that. In the case of defecating in public, according to the police department, you have to catch them in the act. !. Mayor Suarez: No, no. See, I am not dealing now with the '. individuals.. I am dealing now with the business as a business, with the.... L Mr. Fernandez: More than likely, they have been licensed by the s City of Miami to conduct that kind of operation there, so they have: an occupational licence. Perhaps, through that route, we can ensure that they have all the adequate facilities to conduct the type of business. t Mayor Suarez: Yes, I mean, let's face it. Anybody else who has customers coming to their facility, whatever it may be, cannot just tell them, you have to wait outside .on the sidewalk, and;= don't provide any toilet facilities, bathroom facilities,:. or anything, I mean. Now, what they might say.is, look, if-you:want us to goaway, we will go away, then you don't have a labor pool, and you know, we are basically a non prof it, or are they?,- are ? ' they run like...? 1" '.' Mr. Jacobs: No, it's profit. Mayor Suarez: It's for profit. I have a feeling we could get to them and ti&hten up, enforce them to have adequate space for the 4>s people waiting, and adequate bathroom facilities through our T'°; licensing mechanisms, and maybe through our zoning. " Mr. Rodriguez: Yes. We sent inspectors, and we couldn!t find ,.. any code violations. And we advised them that they have to keep the restroom facilities available for the people which are looking for and they assured us that they will do that, ,jobs, The problem is, that after the people go there to look for, -a job, they stay in the facilities, or in _the area, and before that; they hang around, and they do all their physical needs, are taken �t care over there. Est Mr; Jacobs Excuse me. The thing is, that they say whenever ;. somebody codes to chew them .out, they go, yes, we have restroom facilities,: and they bring them inside and show them their }fi 4 168 Yebru4ry 14, 1991 restroom facilities that are for their administrative people, And S can assure you that they never, ever let their employees, the people they pay, or customers, whatever you want to call them, use those facilities. But that's how they get all around it, they say yes, they are right here. Here are our facilities. Mayor Suarez: Are you aware Mr. City Attorney of any Hialeah a ordinance, nuisance abatement ordinance that would have more teeth, or more effectiveness in dealing with this situation, than �Y anything we've got in our books?, Vice Mayor Plummer: Miami Beach has a nuisance board. We tried to do it, and you all turned it down. 9 �= i Mr. Fernandez: Yes. Both Miami Beach, and Hialeah. And we have... Commissioner Dawkins has again instructed us to look at both of ti►ose, and we have come up tentatively with a draft` document that will be circulated for you all, that would address _ some of these concerns. t' Vice Mayor Plummer: The Nuisance Board? {{r i? Mr. Fernandez: The Nuisance Abatement Board. Vice Mayor Plummer: Let me tell you, I put it over there, and the police chief turned it down through his legal advisor. A. Mr. Jacobs: I also wanted to make one more thing clear. i Vice Mayor Plummer: I'm telling you, last year, I put it through. ` i Mayor Suarez: No, it got through this time apparently. E: Mr. Jacobs: We took this through the community development block grant fund, and got this done through the City of Miami. They were. real, you know, gung ho about it, because of the area is r` supposedly coming back with the... I don't know, this thing 1.." hasn't really come too far since this was put up at the Omni area redevelopment plan and all that, but, and with the peoplemover ° station coming in, they were really you know, gung ho about it, and so they have a hundred... the City of Miami has a hundred. and thirty thousand dollars ($130,000) invested in our 'building, which we are having a terrible time filling up. We have a couple families in there right now, and they are talking about moving out now because their kids can't even go out in the street without seeing guys relieving themselves, dealing drugs, prostitutes, and everything, right there - behind the third larBest school system in the country. I think it's ridiculous. And we have letters from the... Vice Mayor Plummer: Right around the corner from you is. probably ,§ one of the biggest distribution centers for cocaine in this town. w' s Mr. Jacobs: Right. 5 Vice Mayor Plummer: Right therein the alley. k Mr. Jacobs: And you know, the people from the school board are 't looking at... we have a petition, if you would like us to bring it back. We just' didn't get it back signed. I mean, we could �.; get a thousand..:. all we need to do is walk through the school m; board, and everybody in the school board would sign it. Y Vice Mayor Plummer: See, your problem... what they are not '- telling- you, _Mr. Mayor, is if you go around the corner, you're at where all these people live, right under lookingtle expressway. They stay right there in that particular area. you 4 go at�night after dark, and you come down Miami Avenue, which is block from these people, and you see literally thousands of people sleeping on the sidewalk - cardboard beds, and they are sleeping there. And there are no facilities available around - '` there for them, especially after any of the businesses Close. 169 rebrugry 14, i��l Y f, x Mr. Jacobst they never c right there four hours a vice Mayor P way over to 1 Mr. Jacobs: Vice Mayor P Mr. Jacobs: right behind They sleep t: Vice Mayor P know this is being a little selfish, but before, ,ie this far east, and now they have a labor pool )oking for work, so they just hang there, twenty - ay waiting for work. i mmer: Well, you've got the problem almost all the 2nd Avenue. ell, we are in between NP 1st and NE 2nd... mmer: Yes. ... and they are just right there, in that alley, .he school board and the public television stat c.n. re, live there, eat there... mmert That's it, they live there. f there, pi.cx up prostitutes there, they ao it aii. Vice Mayor Plummer: It's a horrible site. i Mr. Jacobs: And these are all two bedroom apartments, and this whole community block thing is targeted towards low income families, and no family in their right mind, even low income people, want their fam... you know, their kids to be in a good environment. Nobody is going to come in there. Vice Mayor Plummer: What's the Manager going to do to give these people relief? ;j Mr. Odio: I will... t= Mr. Jacobs: I've dropped the price way before, we are not even i breaking even. }' i Commissioner Dawkins: No, no, no. He is talking over here. Mr. Odio: I will order the... I already told Sergio to send inspectors back, and I am asking the police department also to keep some people there for a while and see if we can stop these people from relieving. themselves out in .public. But as far as promising you that we will not be... that we will be_able to tell theme:they cannot stand, on the sidewalks, we won't be able to do that. Mayor -Suarez: And when do we have a nuisance abatement ordinance to.;go in -place ,again? *F f Mr. Fernandez: I anticipate that within a month, it should be scheduled. We are waiting to get comments from all the a departments in the administration. - Mayor Suarez: The Nuisance Abatement Board will be created by r the ordinance, and hopefully, we will come up with some forms of 7 dealing with a situation like this. You seem to have a lot of hope that the one in... a lot of faith in the one in .Hialeah, . or f; ; Miami Beach. i �F Vice Mayor Plummer: Miami Beach. Mayor Suarez: and we are going to try to mirror ours after ' both -of those, and in the meantime, we'll to try to get our code ,i enforcement people out there to try to help out the situation. ¢ And as soon as you get the petitions in order, you can bring them directly to the City Clerk, and we will annex them to this record.. ter, Jacobs: QK, 170 February i 3 t W` f`R"j 41, Commissioner Dawkins: And you also need to come down here to give me a hand: Mr. Jacobst OK. Commissioner Dawkins: Pretty soon, we will be hearing arguments about placing - I'll get back to you - the Camillus House, OK? Everybody forgets but you, who live with it, that there are three types of individuals out there. There are the homeless, there are the unemployed, and there are the mentally disturbed - for they are street people, and in those street people, you've got A these three types of individuals. But all the press picks up is homelessness, and everybody comes down here and jumps on us and say) that we, the City Commission are not attuned to homelessness, and we don't do this. But you have to come down here and be heard, and let them know that you're being put out of business, OK? So therefore, the people who you employ, are going to be homeless. All because everybody wants us to take care of the street people, and classify them all as homeless. So I will need you down here when I say that Coral Gables need to take a portion of the street people, Hialeah need to take a portion of the street people, everybody needs to take a portion, and then Miami can take a portion. I see Bob back there. Bob fights like hell, and he gets very few dollars, all the money goes to everybody, and all the people for service, come to Bob. But nobody, nobody is here with... he is here today by himself, as he is every time, begging, I mean, actually begging for money to assist with Aids. But because those of us who have got problems, don't realize that our problems are the same as Bob's, and Bob's problem compound ours, and it's all Dade County. See, people say that the homeless belong in Miami, the homeless belong to Dade County. They are not Miami's problem. The homeless, I mean, the street people are people of Dade County, but they congregate in the City of Miami because you, and the rest of us are compassionate, and we try to address the needs. Vice Mayor Plummer: I still say, the Biltmore Hotel will make a great place for them. Commissioner Dawkins: OK? Thank you, gentlemen. Mr. McVeigh: Thank you very much. Mayor Suarez: All right, we once again appreciate your being located in that development area, and we think that things are exciting will be happening there, and if you kind of bear with us a little bit more, the whole area will have a resurgence that will ... in order to the benefit of your activities, and we've been a little bit delayed in getting it all done, but you'will be quite happy when you see that transportation linkage. Vice Mayor Plummer: Don't hold your breath. Mayor Suarez: I mean transportation is such an important factor when that metromover extends out there and some of the other things that we are trying to do. I know that it's tough going until that but... Mr. Jacobs: Hopefully, we will still own it then and not the City of Miami, because we are having trouble making it I'm glad you're taking it back. Mayor Suarez: All right, I hear you. Mr, McVeigh: The City has the mortgage. Mayor Suarez: And don't hesitate to... for continued and continuous monitoring by us, to call us. enforcement, Call theCommissioners, we call staff, we go out there ourselves, we do whatever it takes. Mr, McVeigh; Thanks a million. 171 February 14, 1991 Mr. Jacobst Thank you. Mayor Suarett Thank you. .. -- -- ------ ---- -- --.ter----...��z t - - _. 59. GRANT REQUEST BY CURE AIDS NOW FOR USE OF BICENTENNIAL PARK FOR YOUTH FOR LIFE BICYCLE RACE (See label 62). { �_---_ :.:..., ----_ �..-_----_-----..,..----------------.-.--....-...._--_.ram. ---------------------------------------------------- ------------- �5 I!s Vice Mayor Plummer: I move forty-seven. j Mayor Suarez: Forty-seven has been moved. Commissioner Dawkins: What is it? Forty-seven, I second. Let's see if I second. Mayor Suarez: Youth for life bike race, Bicentennial for Cure Aids Now. Commissioner Dawkins: Yes. Oh, yes, by all means. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Vice Mayor Plummer: Wait, wait, excuse me. The only thing you'd better do, is check with Sanchez, because his race is on the 6th. He normally.would be out by that date, but please check and make sure, because they've got a lot of equipment to move. ,;. Mr..Bob Kuntz: OK. So everything has been moved, and second, .' and passed ,on this thing. Vice Mayor Plummer: Should be no problem. Mr. Kuntz: Can I just ask you one question? Thank you. First of all, Hi, and I'm glad to see you all. This is my annual - truck. 4 Vice Mayor Plummer: What do you mean they want money? Mr. Kuntz:Well, we haven't got the last twenty-five that you committed, and we are really desperate, and we need to talk,with you about it. And we also have a trophy for you, but we. are so busy I haven't been able to even think about bringing. it to, you until. I was -just sitting here and saying, we need to give you ji a plaque. :t Vice Mayor Plummer: Well, didn't they... Mr. Kuntz; No, What you've discussed before, we've never gotten �- that. f Vice Mayor Plummer; Dawkins, did you give them money at the last =j meeting? Commissioner Dawkins: Huh? Mr.. Kuntz; We never got it. Y 4 Vice Mayor Plummer; Why didn't you get it? J Gpmmissioner Dawkins: Yes, we moved it, J.L. You second it, t moved.it. Vice>Mayor. Plummer; Why didn t he get his ;Honey? The Commission #Vpr9Ved at the last meeting, a draw on next year's money of -_ twenty-five thousand dollars ($25,000). 172 FaorwrY 41 S U1 happened with that? Vice Mayor Plummer: Why didn't they get it? Mr. Caataneda: The problem (Housing and Urban Development), the Community Development Block s that, we have talked to HUD and we cannot advance money from Grant program. Vice Mayor Plummer: Oh, come on, Frank. For Christ sakes, you're going to let these people die? Why didn't you come back and tell us that? Please. Commissioner Dawkins: They what now, Mr. Manager? V } Vice Mayor Plummer: IIe'll take care of it. That means you will } have a check tomorrow, sometime. Right? Mr. Kuntz: All right. Thank you very much. s:f fit' Vice Mayor Plummer: Mr. Manager, tomorrow sometime, they will have their check. Mr. Odio: On an advancement? Vice Mayor Plummer: On advancement of next year's draw of yj whatever they have. Mr. Odio: Yes. Mr. Kuntz: Thank you. Vice Mayor Plummer: Thank you, good-bye. �I Mr. Kuntz: Can I just mention one thing please. OK. I'll be real brief. This year we went before a community development and asked fortwo hundred and sixty-six thousand dollars ($266,000), - and I. don't want to have to keep coming back here, I know that you all are supporting us and we thank you for the parking lot, and all the million things you have done with us, and we've got some ideas that we want to share with you on how we can raise the money without putting a burden on it. What you did today, thank .; you very much. It's going to help us tremendously, and we are ' going to have at least ten thousand people with the help of the school board to help make this a fabulous event, and hopefully, an annual event. _ We have some ideas also on howto throw some very important community _festivals. This year, thank God, Cure Aids is now going to have a booth with the help of Miller High. - Life, and Kiwanis at Calle Ocho. We thought there would be some unique opportunities for us to create major events in terms of yi bringing people together for parties and kind of things that s" would really help with the awareness, and at the same time, bring i everybody solidly together. We may have to come back to you on other occasions for ,this type of resource, in terms of waiving fees, so that we can use some of your facilities to put these events together to raise the money for the other kind of situation. _ ' Vice Mayor Plummer:. Bye.: Mr. Kuntz:,,And we need three banners with the City logo on it if we can, for this race. v Vice Mayor Plummer: No, 7 Mr. Kuntz: No, impossible? stir Vice Mayor Plummer: Banners cost about a thousand dollars each. -� Mr, Kuntz: We will do the banners. If you just let us,,, permission just to put them up. f - - 12 173 February 141U. 19 2 P z ,' Vice Mayor plummet: You want permission just to put them up? Mr. Kuntz: Just to put them up. Vice Mayor Plummer: You've got to pay seventy-five dollars ($75.00) per banner to put them up. ;. ;i Mr. Kuntz: No problem. Mayor Suarez: OK. Mr. Kuntz: That's it? 1 Mayor Suarez: All that rolled into... . i b sA, Vice Mayor Plummer: Well, excuse me. Assuming the ten spots that we have in the City available for that period of time, Iy- R: fit. Would say, yes. �z Mr. Kuntz: OK. r— Vice Mayor Plummer: OK? Mr. Kuntz: Thanks very much, and we want to let you know, last year we handled nine thousand, ninety-seven people. We fed eight hundred and thirty-one. - Vice Mayor Plummer: We really don't want to hear that. Mr`. Kuntz: I know. I wish to God I didn't have to give it to YOU. Commissioner Dawkins: You missed one. You didn't feed J.L., not one day. 'E Mr. Kuntz: I didn't. You're all sweet, thanks. And I will get you the plaque, and I apologize for the delay. - Thanks. Ms. Matty Hirai: Mr. Mayor, we will call the roll on that motion? _ Mayor Suarez: Yes. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-152 A RESOLUTION GRANTING THE REQUEST OF CURE AIDS NOW FOR THE USE OF BICENTENNIAL PARK FOR _ A BICYCLE RACE TO BE HELD ON APRIL 28, 1991 AND WAIVING ALL CITY FEES APPLICABLE TO SAID EVENT THAT DO NOT REQUIRE A CASH GRANT BY THE CITY; FURTHER APPROVING THE USE OF BANNERS �:. PROVIDED THAT LOCATIONS ARE AVAILABLE AT THE F TIME AND THAT ALL APPLICABLE CITY ADMINISTRATION REQUIREMENTS ARE MET. (Here follows body of resolution, omitted here and on file in the Office of the Cit. Clerk.)t`-- tl Upon being seconded by Commissioner -Dawkins, the resolution i was passed and adopted by the following vote: # fP 1 .i 4 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L, Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. t ------ --. _--- 4 � b0, DIRECT ADMINISTRATION TO PRODUCE A FORMULA WHICH WOULD GUARANTEE DONATION TO THE CITY OF A CERTAIN PERCENTAGE OF x BOOTHS, KIOSKS OR SPACES AT CITY FESTIVALS FOR DISTRIBUTION A' TO CHARITABLE GROUPS OR WORTHWHILE CAUSES. 14 _----------------------------------------------------------------- F ------------ ----------------------------------------------------------------- i. ------------- Commissioner De Yurre: Mr. Mayor, if I may say something. Mayor Suarez: Yes. Commissioner De Yurre: You know, thinking about these situations where we have a number of non -profits that come before us, that we know they need help, and we just don't have the money for them. A lot of times we have street carnivals, and like Calle Ocho, and Coconut Grove Arts Festival, and things of that nature, and we you know, we do all we can to help them, close the streets off for them and all that, maybe it's time that we got something back from them in the sense of saying, listen... Vice Mayor Plummer: Make them put in a booth. a . Commissioner De Yurre:` ... we are going to give you five spaces, and we can allocate those five spaces to different entities, and '+. say listen, you have a spot, and you know, some of these make thousands of dollars in one day. Vice Mayor Plummer: That's a damn good idea. Commissioner Dawkins: That's a good idea. Mayor Suarez: I like it. Some percentage. Vice Mayor Plummer: You'd better tell Frank. Frank, you'd better be aware what De Yurre said, because itisgoing -to happen. In the future,.. Mayor Suarez: Festivals which involve profit making... Vice Mayor Plummer: Any festivals... K Mayor Suarez: ... kiosk,.or stands, or whatever, that if certain = number, five is what Commissioner De Yurre is suggesting, be reserved for groups that are nonprofit groups, sponsoring and supporting the kinds of causes that we think are important, and I think we ought to build that into all of our festivals. Z4. Vice Mayor Plummer: We are going to. Mayor Suarez: To_Calle Ocho, to Coconut Grove Arts Festival, (INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD) `Yr m Commissioner De Yurre; Yes, give them an opportunity to ,make a Vice Mayor Plummer: It's a good idea. We'll get it from now on, Y7, 175 Yabruuy, 14: 1491. I'm sorry, Commissioner, you are asking to... Mayor Suarez: To reserve for our use and allocation t groups that are trying to support a particular charitable humanitarian venture, kiosks, or stands, or all the festivals of the City that are in our streets by us. As many as five per one, whatever the logical I don't know that we will be able to say right off the nonprofit worthwhile spaces, in - licensed number is, bat. Commissioner De Yurre: Well the thing is, to come up with a number, maybe five percent, or whatever, of the numbers that are available at a given event, that they donate that to the City for us to distribute, allocate those spaces to the charities that we feel are deemed appropriate. Vice Mayor Plummer: Can we move on? Commissioner De Yurre: You don't need a motion on that? - just policy, right? Commissioner Dawkins: Just policy, just go right ahead and do it. 61. ALLOCATE $17,940 IN SUPPORT OF CULTURAL EVENT AS PART OF BLACK HISTORY MONTH TO BE HELD BY BAYFRONT MANAGEMENT TRUST AT BAYFRONT PARK. ----------------------------------------------------------------- ------------- Commissioner Dawkins: Go ahead, young lady. f Mayor Suarez: Miss Weldon. Ms. Lori Weldon: Yes. Lori Weldon, Bayfront Trust number, 160 NW 44th Street. The monies for this event were allocated last month. We had to cancel, because the band cancelled on us. It's stillthesame format, same program. The monies are still going to go towards the scholarships, et cetera, et cetera. Vice Mayor Plummer: So what's the problem? Mayor Suarez: You need one more motion of... one resolution, Ms. Weldon: I just need to come... formality. One more thing, the resolution and some understanding when we got it, was written so that the monies would come from Bayfront Park Management'Trust funding, which there is none. That's why I came to..:: 0. Vice Mayor Plummer: No. You know that as well as I do. Ms. Weldon: That's why I came to the City, I just want to make the resolution wasn't rewritten as such. Vice Mayor Plummer: Move it. I'm sorry, Dawkins. Commissioner Dawkins: No, go right ahead. I mean, didn't you tell me°that all the money and everything will be worked out? ! �i Mayor Suarez; OK, we were waiving just the use of the facility. Mr. Ira Katz: Commission, the money... the Park Trust is "1 sponsoring this event. The money was designated, as Miss Weldon Fyn said on the record, to come from the City. ;When it came to the _k administrative level, it was marked to come fom the Park Trust. �t 176 February 1.4; 1991 t ki Vice Mayor Plummer: No. It is coming from the City. We don't have it in the trust. Commissioner Dawkins: OK. All right, that's all. So moved. You move, second. ra Vice Mayor Plummer: Second. Mayor Suarez: Call the roll. , I The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-153 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $17,040 IN SUPPORT OF A CULTURAL EVENT -; AS PART OF BLACK HISTORY MONTH, "TRIBUTE TO AFRICAN-AMERICANS" , TO BE HELD AT BAYFRONT PARK ON FEBRUARY 22, 1991 WITH FUNDS THEREFOR BEING PROVIDED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (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 Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT:-` Commissioner Miriam Alonso. COMMENTS MADE AFTER ROLL CALL: s. Ms. Weldon: Thank you. Commissioner Dawkins: Plummer, he second.' - r} ------ --- ------------- 62. (Continued Discussion) AUTHORIZE DISBURSEMENT TO CURE AIDS NOW OF $15,000 (OUT OF A TOTAL OF $25,000 PREVIOUSLY ;r .' APPROVED) BALANCETO BE PAID UPONt RECEIPT OF PAYMENT FOR CITY SERVICES CONCERNING YOUTH FOR LIFE BICYCLE RACE IN BICENTENNIAL PARK (See label 59). -.----------------------------------------------------- ---------- Mayor Suarez: Mr. Kruntz, theme was some problem with what "we;`,ti } approved for you. Mr, Kuntz: Yes, air. Mayor Suarez: We understood we were waiving, giving you the { right to use the Park, waiving all fees that you would have to pay. There is no financial involvement in the part of the City`, �j. Vice Mayor Plummer: What's the problem? Mr, Kuntz; We just wanted to clarify that you were waiViag all the fees We have a budget list here, we have already been.,.` 177 Fabmary 14, 1�? :i Mayor Suarez: But not services, Mr. Kuntz: We have been to the police, fire, and solid waste. Everyone is already on our side, but they gave us a list of all the things that are going to cost us._ Mayor Suarez: Well, they could be on your side if they are going :k to volunteer, but if they need to have the services rendered, they s Mr. Kuntz. They need the money, and that's what we are here to ask for. Mayor Suarez: .,. that somebody has to pay for it. Mr. Kuntz: That's right, and that's why we are here to ask the City to waive the fees. This is a complete budget. Vice Mayor Plummer: be paid. The fees we can waive, the policemen want to Mr. Kuntz: Well, I can't take it out of food, so I have to ask you for help. The police is four thousand, by itself. Mr. Odio: They need ten thousand dollars ($10,000), that's what they are asking. Mr. Kuntz: Yes, we need ten thousand dollars ($10,000). Mr. Odio: And I cannot recommend that. We just don't have it. Mayor Suarez: The solid waste, we have allowed in the past you know, through the posting of a bond, that you do... you handle that yourself, to clean up yourself, the bond has to be posted. Mr. Kuntz: We could do that, sure. Mayor Suarez: How much does that take out? Mr. Kuntz: Solid waste is only four hundred and thirteen dollars ($413.00). Mayor Suarez: All right, that's not a big amount. The police, there is no reason why it should be four thousand dollars �r ($4,000) worth of police needed for this kind of an activity. f Mr. Kuntz: That was the union issue that we had a deal with. Mayor Suarez: How many days? Vice Mayor Plummer: It is in a City facility. Mayor Suarez: But four thousand dollars ($4,000) - how many hours are you talking about? •f' Mr. Kuntz: It's time and a -half. i. Mayor Suarez: How many hours are we talking about? - and how many police officers? How could it possibly be four thousand dollars ($4,000) to supervise an event that you could probably ,. supervise yourselves with your own security group? �.' Mr. Kuntz: Eight hours, fifteen policemen, four thousand. +; Vice Mayor Plummer; Bob, let me ask you a question.+: Mr, Kuntz: Yes, air. �4 Vice Mayor Plummer; How much could you imagine at best that you i ',.., could raise from this function? i+A b (. 178 February 14, 1991 F - z w Mr. Kuntz: We are talking about twenty to thirty thousand. Vice Mayor Plummer: And you're spending ten? It doesn't make sense. Mr. Kuntz: Well, we don't have a choice. I mean, every time we go to these things... I mean, this is round one. Everybody is looking at us, we have support from Southern Bell, and Miller Beer. They want to see that we have a success. Next year it will be a much bigger event, and we won't have to go crazy. rt= Vice Mayor Plummer: We don't have it. I can't give you money, twenty-five thousand to spend for food, and then give you... F Mayor Suarez: The use of the facilities is what we can give you, and all the support of the City, and the official endorsement, and anything else you might need along those lines, but we don't have the money, so it would be irresponsible for us to waive what 1s is really just a payment. It's not a waiver, it's an out-of- pocket cost to us. Mr. Kuntz: We will have to borrow from ______ Mayor Suarez: But for myself, would want the various departments to work with you to reduce way, way high for what you are trying to do. Mr. Kuntz: It's high for us to. OK. Manager, and the that. It sounds Mayor Suarez: The spirit of the people that you expect to see there, it's not the kind of thing that will be leading to any kind of violence, or anything that you would need to have a huge security force, or anything like that. In fact, you could do most of that yourselves, by organizing a security group. Mr. Kuntz: We have our own private security force. Maybe, look, can I ask you one other suggestion? If it be possible also that maybe that we could pay some of these bills that we are required to after the event, instead of before the event? - after we generate the funds. Vice Mayor Plummer: Hey, the only thing... well let me tell you what I will be willing to do, OK? You've got twenty-five thousand in a loan coming, right? - I'll give you fifteen. If you... - Mr. Kuntz: Pay it back. Vice Mayor Plummer: ... pay it back, fine. If you don't, then you'd only get a total of fifteen. Mr. Kuntz: Wait, what happened? - say that again. Mayor Suarez: No, that's a math... Vice Mayor Plummer: He is getting an advancement tomorrow for twenty-five thousand dollars ($25,000), you give him fifteen. After the event, if they pay us back, you give him the other ten. Mayor Suarez: OK, you hold back ten. You said fifteen is what { we are going... Vice Mayor Plummer: You hold back and guarantee that way, and then he could pay it back afterwards. Mr. Kuntz. You want to do that? Mayor Suarez: All right. We are lending the money to them, that we are lending them forever and ever, we are lending for this particular event in the hopes of recovering. -_ Vice Mayor Plummer: It's a loan from a loan. . - 174 ---- -- _ _ February 14, 1991 c tits r�l �i a i Mr. kuntz: A loan fr i;;. Mayor Suarez: So mov Commissioner De Yurre Vice Mayor Plummer: Mr. Odio: But we are Vice Mayor Plummer: an advanced draw on n Mr. Kuntz: It's an a Commissioner De Yurre Vice Mayor Plummer: 5. f a loan. You got it. Thank you. c But the loan is twenty-five? ►e loan is twenty-five, yes. tom= :nly advancing them fifteen, and...�._JRE *R ait a minute, it's not really a loan, it's ct year. i rance from next year. "s OK. ie loan will be from the twenty-five of the �. .:__ Mr. Odio: I have to call it like that because... Vice Mayor Plummer: OK, call it what you want. Commissioner De Yurre: Well, but the advancement is twenty-five. Mr. Kuntz: Right. 4 Vice Mayor Plummer: That's it. r Commissioner De Yurre: OK, and we are holding back ten? Mr. Kuntz: And we will use ten of it for this, and then when pay, we will get the other ten back. Right? Commissioner De Yurre: Or, you don't pay in, and that's it. You keep- the 'ten. Mr. Kuntz: Well, we keep the ten. - Mr. Odio: We are lending them twenty-five. If and when you so choose in the CD.BG process to give them twenty-five thousand { ($25,000), then they don't g-t it, but... Mr. Kuntz: OK, thanks. Vices Mayor Plummer: Suarez, the next item is yours. '. Mayor Suarez: Do we need to call the roll on that? Ms. Hirai: Yes, sir. Mayor Suarez: Please, call the roll. " The following motion was introduced by Vice. Mayor Plummer, ;r. who moved its adoption: �1t :., MOTION NO'. 91-154 A MOTION AUTHORIZING CURE AIDS NOW TO WITHHOLD A $10,000 PAYMENT TO THE CITY FOR ;~ i CITY SERVICES IN CONNECTION WITH ITS BICYCLE-{ -% RACE EVENT] FURTHER DIRECTING THE CITY MANAGER TO IMMEDIATELY DISBURSE $15,000 (OUT OF $25,000 PREVIOUSLY EARMARKED FOR THE CURT: AIDS NOW MEALS PROGRAM) AT THIS TIME, AND - ;. WITHHOLD DISSURSEMENTOF THE $10,000 BALANCE -� UNTIL SUCH TIME AS THE CITY IS PAID FOR THE BICYCLE RACE EVENT COST. 180 Fob r R upon being seconded by Commissioner ire Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins. -- ---- ------------- 63. REFER TO THE STREET CODESIGNATION REVIEW COMMITTEE, WITH - FAVORABLE COMMISSION RECOMMENDATION, REQUEST FOR CODESIGNATION OF A STREET IN HONOR OF HOWARD F. ANDERSON. _---------------------.------------------------------------ ------------- ------------- Mayor Suarez: Item forty-nine. Vice Mayor Plummer: It's yours. Mayor Suarez: Howard F. Anderson. Is anyone here representing the... requesting organization Comite Pro-Rescate de Raices y Monumentos Historicos Cubanos? Commissioner De Yurre: Why don't we just direct him to go through :the process? Vice Mayor Plummer: So second. Mayor Suarez: OK. Does everybody have the supporting documentation on Howard Anderson, and who he was? I think I distributed that with my memo. Vice Mayor Plummer: A gringo? Mayor Suarez: Yes. Vice Mayor Plummer: He is a gringo? { Mayor Suarez: And he is Bonnie Anderson's dad, who was executed by Castro. And it is quite a tragic story, and quite a gripping story. So anyhow, the committee is not here, so as Commissioner De. Yurre is suggesting, we refer it with a favorable recommendation from us to the codesignation committee? Commissioner De Yurre: Yes. Vice Mayor Plummer: Right. Mayor Suarez: So moved, and seconded. Call the roll. '4 The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-155 A MOTION REFERRING REQUEST FOR CODESIGNATION C,F A CITY STREET IN HONOR OF HOWARD F. ANDERSON TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A FAVORABLE RECOMMENDATION FROM THE CITY COMMISSION, FOR THE COMMITTEE'S REVIEW AND RECOMMENDATION. k 7 J t -' 't n gr, Y I Upon being seconded by mice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor J. L. Plummer) Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Mayor Suarez: I think he was executed, and the only thing they were able to ever prove was that he owned some gas stations in Havana, and was obviously of... Mr. Odio: I knew him very well. Mayor Suarez: ... Anglo/American extraction, or Irish/American extraction, or whatever. Vice Mayor Plummer: What's the next item? Alonso. 2 � S 71 r TWff 5 ,3 Mr. Odio: His daugnter worxs =or cnannei 4. Mayor Suarez: And he is the father of Bonnie Anderson. All right. ------------- ------------- 64.- GRANT FEE WAIVER REQUEST FROM MOVIMIENTO DE RECUPERACION REVOLUCIONARIA FOR USE OF MANUEL ARTIME CENTER. ---------------------------------------------------------------- ------------------------------------------------------ -- ---- ------------ -- -- f - Mayor Suarez: Item fifty, Ernestino Abreu. Movimiento de Recuperacion Revolucionaria. Fee waivers for Manuel Artime Center conference. As to the use of the facility, I'll entertain on the.. Vice Mayor Plummer: That's all we could do. So moved. r' t Commissioner De Yurre: Second. Mayor Suarez: ... waiver. Mayor Suarez: Moved and seconded. Understanding again, that we someday hope to make this facility self-supporting, and recover i some of the expenses we put in there, but so far, it is mostly used for community activities, and this is certainly one of those. Call the roll. � s x x 182'e3xury ''.► I The following resolution was introduced by Vice Mayor Plummer, who moved its adoptiont RESOLUTION NO. 91-156 A RESOLUTION GRANTING THE REQUEST OF MOVIMIENTO DE P=UPERACIOIN REVOLUCIONARIA FOR THE WAIVER OF THE RENTAL FEES RELATED TO A TWO-DAY CONFERENCE TO BE HELD AT THE MANUEL ARTIME PERFORMING ARTS CENTER APRIL 13 AND 14, 1991; SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND ALSO PAYING FOR ANY COSTS ABOVE AND BEYOND THOSE FEES WAIVED BY THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. —' Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins. Mayor Suarez: And we are not otherwise subsidizing in any way, because we don't have any money. I guess you have heard that, but certainly you can have the use of the facility. Unidentified Speaker: Thank you. Mayor Suarez: You've been most eloquent, Luisa and Ernestino. Unidentified Speaker: Thank you very much. 65. DISCUSSION CONCERNING STATUS OF SPECIALTY CENTER IN LITTLE HAVANA. Mayor Suarez: Item 51. Vice Mayor Plummer: De Yurre. Mayor Suarez: What's the status of the Specialty Center that we thought we gave instructions to negotiate, or be forever done with it? Mr. Odio: No, no. We have some movement there, and I believe it's important that we keep this alive, and give us a chance to see if we can bring this to an end. Mayor Suarez: That could counter, somewhat, our instructions, but you know... Vice Mayor Plummer: Excuse me. Mr.. Odio: You told us... Vice Mayor Plummer: The policy of this Commission was, as of January 31, if you had not had a contract for purchase, start looking elsewhere. f Mr. Odio: And we are doing that. vice Mayor Plummer: Ox. Where is the new site? 4 163 Mr. ,lack tuft: The alternative site is actually a combination of sites on the south sidei would be the area you see in the blue stripes, plus the Perez-Sosa bakery property next to it, including the Tower Theater. The other direction that we have, the sense of this issue, was that we were not going to build the Latin Quarter Specialty Center as it was originally planned. That, that was i dead, we were going to shift gears, and we were going to try something else. In that sense, we went ahead and collected the written offers from all the property owners, both sides of the street, and are simply giving them back to= you. If you want to scale the project down, do a different project, assemble a different site, but working with some of the same property owners, then this is what you have to consider, we are here to explain that to you today. The original project as we understand it, is dead, but this is an option for a different kind of project. Mayor Suarez: You alive? Mr. Luft: So, we have today in hand, offers to sell at the appraised value, those properties in red, which is the church property on the far east end of the block, some apartment buildings on 7th, and in addition, the three blue properties which fill out our the parcel and make it a developable overall site... Mayor Suarez: Why are they...? Mr. Luft: ... have agreed to sell at slightly over the appraised value. Mayor Suarez: Within five percent? Mr. Luft: No. I would say, within ten, fifteen percent. Vice Mayor Plummer: Which ones don't want to sell? Mr. Luft: The ones that are in white, F, G, H, I, and J, on the northwest corner. They have refused to even make an offer. They won't sell, but then I... since we are not going to do the original project, OK, what we are trying to do is trying to put together a site big enough to do something that make sense. Mayor Suarez: How about the one in green? Mr. Luft: Pardon? Vice Mayor Plummer: Green, we own. Mayor Suarez: How about the ones in green? Mr. Luft: We own those. Mayor Suarez: OK. How about the southern side of the project? Mr. Luft. OK. We have an offer on the table for the property in the blue 1,r stripes which is the McDonald... so called, the McDonald's parking lot. ' Mayor Suarez: It's Toledo? Mr. Luft: Toledo's property, pluin addition to that, the adjacent Tower ; Theater, which he also owns, is part of the total package, an offering that he has made to us. He is asking for $2.3 million dollars for that package - the two sites together. Vice Mayor Plummer: And how much have you got? Mr. Luft: We have $1.7 million dollars. Vice Mayor Plummer: Mr.--Luft: Total, Vice Mayor Plummer: Mayor Suarezt if you were to acquire the red and blue, how much would you have left for the white and blue? Commissioner De Yurre: No, no, you buy one or the other. Mr. Luft: We haven't acquired anything yet. We have $1.7 million, and you can go any direction you want to go. Vice Mayor Plummer: You acquired 11 through 16. Mr. Luft: That's the Off -Street Parking Authority site. Vice Mayor Plummer: Oh, OK. Mayor Suarez: Well, you know, one way to do it... Mr. Luft.- We would assume that that would become part of the project as a garage. Mayor Suarez: One way to do it, because the southern part of this project becomes interesting and exciting in view of the fact that we have one component there already in place, that is the Domino Park, in view of the fact, that the Tower Theater would be an exciting component. One way to do it, would be to say to Mr. Toledo who owns all of that, guess what? - we have one and -a -half million, we have $1.7, whatever the amour): is, take it or leave it, but let us tell you this, if you don't take it, we :,re going to negotiate exclusively on the northern end, you are never going to be under consideration, and we are going to acquire the red and blue which is a total of how much if we were to go with those appraisals? Mr. Luft: That's $2.2 million. Mayor Suarez: All right. Vice Mayor Plummer: Have you had an appraisal done on the stripe? Mr. Luft: Yes. Vice Mayor Plummer: And how much did the appraisal come out? Mr. Luft: One point three million dollars for the two properties together. Vice Mayor Plummer: That's fine. I wouldn't offer him a dime more. Why would you offer him any more? Mr. Luft: That's all we have offered. Mayor Suarez: No, well, because it happen... '. Mr. Luft: That's all we have offered. Vice Mayor Plummer: I wouldn't offer a dime more. Mayor Suarez: Well, you might in that case want to go a little bit over it just because of the fact that we have Domino Park there, and because of the fact that one of them is a structure maybe worth preserving... F Vice Mayor Plummer: Well, the problem here is that you've got a part there f that you are not going to be purchasing, as I see it, if that's what the white ; a. represents. Mayor Suarez: Yes, but you don't really need that. Vice Mayor Plummer; ... that isolates Domino Park. i ;A Mr. Luft: Yes. It's been our understanding that there has always been a desire to acquire parcel 13, which is the old Perez-Sosa bakery cafe site... f.> Vice Mayor Plummer: Right. - t Mr. Luft: ... to either expand Domino Park, or include it in the development It would be my recommendation that if we were going to go south of $th Street, 185 February. 14i iol= Fg - }k^c t � 3 - that that blue stripe parcel as you see it, is an extremely difficult parcel to develop. It's only a hundred feet of frontage on 8th Street... would be a hard parcel to build on, so we would almost have to go to the Perez-Sosa bakery site, add that, and the park to it in order to come up with something that would work. Commissioner be Yurre: Put, does Perez-Sosa want to se117 Mr. Luft: They haven't responded with an offer. We have an appraisal of about two hundred and thirty thousand dollars ($230,000) on the site. They have indicated to us that they have had an offer in the high three hundreds, and that's all they'll tell us. Commissioner be Yurre: Well, that puts them out of the picture. Vice Mayor "lummer: It sure does. I can't imagine that property would be more than one point three. Mr. Luft: Well, that's twenty-one dollars ($21.00) a square foot, and we think that's market value. - and may be a little generous, but that's about what we... we paid twenty-two dollars ($22.00) a square Loot for the property across the street, the parking lot site in 1987. Vice Mayor Plummer: And that's all SW 8th Street? Mr. Luft: Yes. Vice Mayor Plummer: That's commercially zones. Mr. Luft: Yes. That's five hundred feet of frontage. Vice Mayor Plummer: I would assume the back six loots, three on each side are = all residential. Mr. Luft: No, no. They are all zoned SPI-14, they are all the same zoning. y Vice Mayor Plummer: That's what they are zoned, but they are presently s residential. , Mr. Luft: Well, they are presently a parking lot for McDonalds. The back half, of that... the lower property there. This is all parking lot back here., there is a driveway, and a vacant lot up on this property here. Vice Mayor Plummer: Yes, OK. Mr. Luft: That's McDonalds, here is Perez-Sosa. This is all zoned as you can I s . see is SPI-14, all the way back. Ms. Matty Hirai; Excuse me, Jack, could you put this statement on the lapel mike? Mr. Luft: Yes, I can't get it untied, I'm sorry. OK. The property in the back is all parking lot with an access drive. I have to point out that in ;3 addition to the configuration that we have here, there is a deed restriction { on file with the court that requires the owner of this property, if they were to sell it to us, then we would have that obligation. To meet- the deed restriction to provide permanently, that's a ninety-nine year provision, forty parking spaces, at grade, free of charge for McDonalds, plus resolve the requirement for a driveway access off of 8th Street, to serve the driveway of -' McDonalds. So we would have to meet those two requirements if we were to buy x this site. McDonalds have said that they'd be willing to negotiate with us, but they have to have the parking, and you know, something would be worked ' out,: Vice Mayor Plummer: Well, I'm going to give you my opinion. My opinion, if you try to do it in this configuration, you are going to lose. Y Mr. Luft; The blue stripes? Vice Mayor Plummer: No. Part of it on one side part of it on another; and -_ You're -going to lose the... to me, it should be a square, OK? - and that's why I V teo on the other situation that says, that if those people wouldn't move by the 31sit of January, let's go start looking for a new site. 1#b February , 14t991 , F Mr. Luft: That's approximately the development configuration, blue being a building, and green being open space. Vice Mayor Plummer: It's crazy. Mr. Luft: It would be more difficult, because you would have two parking facilities, less retail furniture on 8th Street, but you know, it's an option, it's a different project. Mayor Suarez: Jack. Mr. Luft: Yes, sir. Mayor Suarez: Mr. Manager, Commissioner De Yurre, Vice Mayor Plummer, all of us, what we need is a coherent strategy to get this built, and get it built quick. When Commissioner De Yurre puts this one the agenda, I presume that he �. is expecting you to report back to us something that can be done within the constraints of what we have, which is exactly $1.7 million dollars from what you have said, and that it could be done, pronto, like tomorrow. What do you recommend? I agree with Vice Mayor Plummer, I would love to see something that looked like a square. I'd love to see something that are archways across 8th Street, as initially designed. I would love to see all kinds of things. This has been in the planning stages now... Jack, you sat down with me, and I am sure with all the Commissioners, and have shown me seven, eight, ten different configurations which hinged on cooperation from McDonalds, and Toledo, all of a sudden being reasonable, and all these other kind of things, and we are right back to where we started. We thought we said very clearly, try to get within thirty days, the appraised value offers from everybody. If not, tell them we are not dealing with you anymore. That obviously didn't - work, because weareback here, and you are telling us for example, in the case of Toledo, that even though we think it's worth $1.3 million, and we have 1.7, and he wants 2.3. So, for myself, I would do something entirely different from what Vice Mayor Plummer is talking about. I would go with Domino Park, and its very close surroundings, and the Tower Theater, and simply just develop that, and make that into an attraction. Now, as it is, we have tons of people going over there, and it's already a great tourist attraction. However, I would also contemplate, if you recommended, and if Vice Mayor Plummer, and Commissioner De Yurre recommend it, that we instead look at developing the northern part, because we can assemble more land there, because it makes more sense that we do that, but we've got to do something, and we've got to do it... I would say, I don't know if you agree, or J.L. and Commissioner De Yurre, and Victor, we've got to do something today. Commissioner Dawkins: What happens if Victor gets two votes? - Victor and De Yurre. Mayor Suarez: Where is that voice coming from? Mr. Richard Weiss: It's good, Commissioner. .'' Mayor Suarez: I thought you were gone. Commissioner De Yurre: I'm taking over for Miriam. Mayor Suarez: We've got to act on this. Do you have any recommendation that 3 would get us passed this? Mr. Qdio: You forget one constraint that we have, is money. Mayor Suarez: Because with all due respect, you've given us, you know... 3� Mr. Luft: We haven't had a chance to answer yet. Commissioner De Yurre: I'll tell you where I am at. F Mr, Luft: Would you like a recommendation? - or Victor, go ahead. Mayor Suarez: I'll like a recommendation within the constraints that i ,just �i $gecified, not you know, if we could get McDonalds to... if we could this, if f WS could finds you know, t $9�ir3acy X4# 1991 t s f j fag: Mr. Odio: Wrell, we have two constraints which one of the... both being the.., one of them is money. Vice Mayor Plurnmer: Yea, money and money, - Mr, Odio: ,., but the other one is that.., Mayor Suarez: Time, time. Mr. Odio: ... we all feel that if we don't the money, that is what takes_ time. I feel that we should go on the north side and try to get... buy the property, K and L, and C, and go on that side. Mayor Suarez: Where is C? Mr. Odio: The blue one between the red zone on the northern part, on the upper malls. ' Mayor Suarez: That would give us an integrated area as just described by ,lack, all right? - which would be seven or eight lots on the south side, and one on the northern side there. I mean, the lower eight, plus the one there, all on the northern side of SW 8th Street. That's what you recommend? Within the constraint of $1.7 million dollars to be acquired in the next twenty-four hours, like tomorrow, the day after, very soon. Vice Mayor Plummer: Explain that again, now. To acquire... Mayor Suarez: They would be lots 11 through 18, and lot 4, which apparently goes with 17. Is that it, the problem? Vice Mayor Plummer: Are you on the north side, or the south side of 8th Street? Mayor Suarez: On the north side of 8th Street. Commissioner Dawkins: Wait a minute, on the north side, what do we own? - �> Mr. Luft: We own the green. Mayor Suarez: We own 11 to 16. Mr. Luft: We own the green. Commissioner Dawkins: You own the green. All right, who owns the blue? Mr. Luft: The blue... K and L, are two separate commercial properties. They are small businesses. Vice Mayor Plummer: Are they willing to sell? Mr. Luft: Yes. I gave Commissioner De Yurre the offer sheet from them. T Commissioner Dawkins: All right, what about... who owns the red? Mr. Luft: The red on the end, the "A" parcel... t Commissioner Dawkins: All the red, who owns all the red? !t' Mr. Luft: Well, there are four different owners. On the end, the last four 7x parcels, that's Tamiami Methodist Church. Vice Mayor Plummer: They are willing to sell? Mr, Luft: They are willing to sell at the appraised value. Vice Mayor Plummer: OK. In other words, all of the red says that they are willing to sell for appraised value? Yt Mr. Luft; At appraised value. M Vice Mayor Plummer; And the blue... z� Fobmar.y 14f 1491. i h t Vice Mayor Plummer: The blue says, what? Mr. Luft: We will sell at more than appraised value, but it's around ten, fifteen percent more. Commissioner Dawkins: Now where does that put us in negotiating for the IF stripe. Mr. Luft: Well, we... the objective would be to buy as much property with furniture on 8th Street, and then around the corner on 7th, as our $1.7 million would allow. _ Vice Mayor Plummer: Jack, I agree with that. Mr. Luft: That would get nothing on the south side. Mr. Odio: The answer to your question, we would not buy anything on the t striped area. Commissioner Dawkins: Because we don't have any money? j Mr. Odio: We don't have any money for that. Vice Mayor Plummer: We ran out of money. Mr. Luft: Then we run out of money. Commissioner Dawkins: That's what I am trying to get to. Mr. Odio: Right. Commissioner Dawkins: Now, if we go the other way... Mr. Odio: That's why I rather go the other way.' Commissioner Dawkins: If we go the other way, and purchase the striped part of it. Mr. Luft: We don't have enough money to'do that. Mr. Odio: No, wait, wait. Instead of the other. f Commissioner Dawkins: All right, so then you're saying that, we would.. how of the stripe could we acquire with the money we have approximately? - off the top of your head Jack. Just show... mark it off. Vice Mayor Plummer: A half. - Mayor Suarez: That's what I though you were answering before, that's what I thought we were at. _.,. Mr. Luft: The Tower Theater. Commissioner Dawkins: That's all we could buy with the money we've got. Mr. Odio: That's all. 'fit Iyi '> Commissioner Dawkins: The rest of the stripe we couldn't do nothingwith?' r, . - . Mr. ,Weiss: That is ridiculous. :r Mr. .Odio: Wait,.wait, let him answer. Who is this guy? 3 Mayor Suarez: Wait, wait. We'll hear from you counsel, we will hear from t` you. Mar. Luft: The asking price for the blue stripe property is $2,3 million dollars for both the big blue... Mayor Suarez; Do we have an individual asking price for just Tower Theater? Luft: It's been a lump sum offer. 4k�MFt J i Y1T JP ryt 0 e _ k z AL' n Mr. Odio: wait, wait, Let me clarify. Excuse me, if take the $1.7 million we have, you could buy all of the striped area, Commissioner Dawkins. Commissioner Dawkins: Beg pardon? Mr.`Odio: If we took the money that we have, you could buy all of the striped areas. 1' x: Mayor Suarez: All of them? 1 Commissioner Dawkins: For $1.7? is Mayor Suarez: All of it? Mr. Odio: Right. For $1.3. Mayor Suarez: Including the Tower Theater? Mr. Luft: If they were willing to sell. Mr. Odio: If they were willing to sell it now. Commissioner Dawkins: No, no, well you can't tell me you can buy it if you don't know the price, Mr. Manager. j Mayor Suarez: You think you can negotiate to that. Mr. Odio: To $1.3. Now, I don't think we have a good enough property if we buy that to develop what we need to do there, that we are better off on the th o A er si e. Mayor Suarez: OK. I don't agree with that, but I hear you. All right. Counselor, what is your point that you want to make, that is ridiculous, what we are :saying is 'ridiculous here? Mr. Weiss. I can make a lot of ridiculous points, but... my name is Richard Weiss, and I represent the joint owners of what we are calling the striped property. Mayor Suarez: Which basically can be described as the Tower Theater, and the rest of the property around Domino Park. Mr. Weiss: And the rest of the property, it's under one ownership, one contract. !. Mayor Suarez: All right. What's your best offer of the whole shebang to us, understanding that if we weren't going to acquire it now, we may simply goon the north side and forever stop dealing with you, Rich. ' Mr. Weiss: Well, let me just tell you. This has been a negotiation that's gone on in my opinion, not continuously but... Mayor Suarez: Sporadically, spasmodically, et cetera. Mr. Weiss: ... the current request on the table is that we would take =r -�... 'whatever cash the City has, $1.7 million, and then take a... not _a mortgage, but some sort of a note to be paid out when the project has been completed `.- from the revenues from the project, assuming this is some sort of joint `development. The price is 2.3, divided up that way, :we would be... Mayor Suarez: All right, that doesn't fit within the constraints that we are hearing.... ax Mr. Weiss; Let me go back to the Commission... K Mayor Suarers ... as a consensus of this Commission, Rich, so... _ Mr,'Weiss; Let me go backs to the constraints that you are dealing with, ; 4Mayor Suarez; .,, there is not much more to deal with your parties. 140e�►ry►:ti 'l r Mr. Weiss: Well, let me just go back to the... Mr, Mayor, I honestly don't believe that my client has really had a fair shot, not from the City, I don't , want to differentiate between Commission and staff, I don't want to get involved in that. An appraisal... - Mayor Suarez: But that's irrelevant. I mean, we could have chosen_ condemnation, which would mean that a court would decide the price, We have _= not chosen that route, we have chosen to negotiate. We are six hundred thousand dollars ($600,000) apart... 19 Mr. Weiss: I understand. Let me just give you the,.. Mayor Suarez: .., actually, we are a million dollars ($1,000,000) apart, so it's not a matter of fairness. Commissioner De Yurre: Richard, why don't you guys make your best offer, and that's it. Mr. Weiss: Well... Commissioner De Yurre: That's it. You know, forget about appraisal, your best offer. Mayor Suarez: Don't you understand? This is it, this is the end of the whole process, today, very possibly. Mr. Weiss: I understand that, but if you are going to do that, that's fine, but you need to understand that my client has been trying to negotiate with this City in good faith. I have spent well over a year on this, and the truth is, the City went out and got some appraisals by non -MIA appraisers, non -MIA appraisers. We have an appraisal from Slack, which is one of the most respected appraisal companies, three years ago, at $1.7 million dollars for our property. The City then comes in with some appraisals that were done this year by non -MIA appraisers, at $1.3, and it's obvious from reading the appraisals that they don't understand what the property is worth in this situation. Mayor Suarez: Let me submit to you that both the MAI appraisals and our appraisals, and any other appraisals are going to change enormously if the City, one day is interested in buying and assembling land there, and the next day, is no longer interested. Mr. Weiss: But it's not going to decrease. Mayor Suarez: And as of today, we are heading in the direction of no longer €' being interested, and you can go back there and that's going to change the whole market. ., Mr. Weiss: But it's going to... Mayor Suarez: Because we are the main and only buyer right now that anybody is aware of there, and it's a very small market, so we kind of take up the whole market. Mr. Weiss: Mr. Mayor, the appraisals... } r. Mayor Suarez: So, we don't care too much about the appraisals. The appraisals help us to... Mr. Weiss: You are required under your charter to buy for what the appraisals are. r.` �+ Mayor Suarez: Right, absolutely. , Mr. Weiss: It's incumbent upon the City to get... Mayor Suarez; That's the only extent to which... that, and the constraint of the total amount that we have, which is 1.7. Mr. Weiss; All that we are here asking today ,in order to.., and we will;go away, if you can't ;Hake a deal with us on this basis, is that we are Asking, City and ry� and we will pay for it, is the go out, pursuant to your charter get ±� . an MIA, or MAI appraisal. 191 Yebru4ry 14; 1991 w �, Mayor Suarez: MAI. Mr. Weiss: We will either make a deal, or not make a deal with you within ten ;= days after that appraisal comes back, but not based on some appraisals that are just not correct, and are ridic... and Mr. Mayor, respectfully, if the City is interested in buying property in an area, it makes the value of that �. property go up, not down. - and for this sort of project. Mayor Suarez: The moment we step away, the value is going to go down, I guarantee you. All right. { Mr. Odio: Richard, if we had agreed to your price, we would have negotiated in good faith, but we don't agree with your price, so we are not negotiating in good faith. Mr. Weiss: Because you... Mr. Manager, you based... Mr. Odio: You talked, let me talk. We offered you a million three, that's what the appraiser says, I think you should take it or leave it. Mr. Weiss: Well, I mean, you know, in that case we are going to leave it, but I don't think it's fair because I don't think those appraisals are appropriate, and proper, and they are just plain wrong. Mr. Odio: But that's what we feel it's worth. Your appraiser, Slack, assumed _ a full built Latin Quarter in the site, and you cannot assume that. Mayor Suarez: Sure. They have assumed a huge governmental intervention in the area, which is precisely what we are deciding whether to do or not to do. If we decided not to do it... Mr. Weiss: And Mr. Manager, have you seen our... Slack appraisal? Mayor Suarez: Good luck finding buyers. Unidentified Speaker: I haven't. 1 Mr. Odio: Yes, it's one point... Mr. Weiss: How do you know what they it assumed? Have you read, I mean... Mr. Odio: Because that's why I have staff, that they tell me what... OK? Mr. Weiss: Well, I mean, to deal with... Mr. Odio: Richard, when you don't get what you want, it's in bad faith. Mr. Weiss: Can I say something? Mr. Odio: I'm telling you, 1.3 is what we are offered you, and you should take it or leave it. r" Mr. Weiss: Well, we are going to leave it, and we will... Unidentified Speaker: Well, leave it. Mr. Weiss: We are going to leave it. I mean, you two guys do whatever you .. want. Mayor Suarez: OK. Well, we haven't decided yet. I mean might come back and offer you one point three five, and you might jump up and take it. y: Mr. Weiss: No, Mayor Suarez: All right, Commissioner De Yurre, any ideas? Commissioner De Yurre: Let me give you my opinion on the two properties. I 4,4,4 Would be in a position to pay for the south aide property, if... I don't where we are going to get the money, because we've been tallying about $2.2 million and I don't know if we could get the extra five or not. +f - 192 Yebruary 14,' 199 F Mr. Luft: No. 1 think we buy as much across 8th Street and the church as we can, and then we go from there, but we can get the 8th Street frontage and the church. Vice Mayor Plummer: It look like to me, the logical thing to do is to buy up the blue and the red, and the white ain't going to stay around too long, OK? But at least your are unified, I mean, you've got something, a buildable site. My God, what are you going to build on this other site over here? Commissioner De Yurre: Let me tell you, if we can maybe do a little bit of a trading here, you know, give a couple of lots as compensation to kind of make up the difference, and we get the whole... assemble one side of the street, where we can do a little swap, and some cash involved. I don't know if that's been discussed at all, or if there is any interest. Vice Mayor Plummer: Well, where is our Latin Advisory Board, our Latin Quarter Advisory Board? Where are they? Mr. Weiss: Commissioner De Yurre, that's been the problem, that nobody has sat down with us and tried to work this out. Vice Mayor Plummer: What have you got to say on this matter? (INAUDIBLE RESPONSE) Vice Mayor Plummer: No, Mogolla has gone. Commissioner De Yurre: Let me make a point before Elio speaks. I think that in order for us to consider purchasing the south side, the Perez-Sosa property has to be part of the deal - because it will not work. Then we can just take the whole thing, maybe we can close down 15th Avenue, and expand across, we have the theater, and do something really nice there. But with the Perez-Sosa property... Vice Mayor Plummer: Oh, you close 15th Avenue, you have created a monster. 4 Commissioner De Yurre: ... in the middle, then that's a problem area as far _ as that's concerned. Mr. Luft: That's $2.6 million asking right now - what you just described. 0 Vice Mayor Plummer: We are in the... you know, let me ask a question. When we spend all of this money to acquire, where in the hell are we going to get the money to build? I mean, we've got now, right now, let me tell you something just so you know. Mr. Luft: Private financing. Vice Mayor Plummer: Huh? Mr. Luft: Privately financed. f Mayor Suarez: Yes, for once... no, no, no. Y Vice Mayor Plummer: Private financing, hell. I sat right on the... _Mayor ,Suarez: For once, we have a project where the private sector would, if } we gave them the land... Vice Mayor Plummer: Oh sure, you give them the land. Mayor Suarez: ... at good enough terms, would build. Vice Mayor Plummer: What you mean, give him the land? - you're going to give him three million dollars ($3,000,000)? f ;, Mr. Odio: No, no. Mayon Suarez: If we made the land available at reasonable enough terms, they would build, Mr. Odio: We'll do what we did in Bayside, �z 193 February 44, 1991 Mayor Suarez: That's the nature of the neighborhood. That would happen here. They need the power of government to assemble land, and in this case, to make it available, presumably at lower cost than would otherwise be available, so that we can get commercial activities, so that we can maintain and increase the stability of the neighborhood. That's a part of our function here. Vice Mayor Plummer: Mr. Mayor, I've sat on that corner of the green the other night... Mayor Suarez: But you know, if you want to put a bet that the private sector would not do it with private financing, I've won a lot of bets from this Manager on other projects that he has submitted to bids, where the private sector did not have any interest whatsoever with the land that we assembled, in the form that we assembled it. In this case I think, that you would lose the bet, but then you know. Vice Mayor Plummer: You've got a horrible situation existing on that corner today. And if all you're going to do is acquire more property to have more of a horrible situation... I went on a sting operation right on that corner, and I want to tell you, they arrested a dozen people, up to one man who was sixty- eight years of age, of buying cocaine, right out of the Domino Park. Now you know, to acquire more property to have it vacant, which creates a bad atmosphere, what in the hell are we doing? Mayor Suarez: That's not necessarily the case. All right, but I hear you and your comments are taken to heart. It doesn't get us any closer to a resolution here, because you are just expressing all the concerns that we all have about the viability of the entire thing, but if we're going to make something happen, we probably ought to do it within the constraints of one point seven million dollars ($1,700,000)... Vice Mayor Plummer: You've got to. Mayor Suarez: ... and not expect to go beyond that. Mr. Manager, and with all due respect to Commissioner De Yurre, it doesn't look Jack, and Mr. Manager, like any of us here... I've heard Commissioner De Yurre suggest that maybe we could go beyond one point seven million, but I don't think that we should, for myself, I don't think Commissioner Dawkins would, and I just heard Vice Mayor Plummer say he wouldn't... with a swap, yes, I'd have no problem with a swap. You want to taste thirty days to try land swaps, fine, but you've got exactly, and not one dollar more than one point seven million dollars ($1,700,000)._.If at the end of thirty days, the thing doesn't work, come back to us and say, we can't do it on the south side. I think there is a preference for the south side here. I guess we all think that since we have Domino Park there, and since the theater is there, but if within thirty days you cannot make a deal for a logical amount of land on the south side, then Mr. Weiss, we never want to talk to you again, sir. We will then... Mr. Luft: Could I get some direction? Mayor Suarez: ... I mean on this issue, we will talk to him about other matters, and then we will possibly look at the north side, or possiblyabandon the entire thing. Mr. Luft: We can always build on the land that we have, but let me ask just so that I understand. What property are we going to offer and swap? Commissioner De Yurre: The green. - 3, rr' Mr. Luft: The existing green property we own? Commissioner De Yurre: Yes, we are not going to be using it. Mr. Luft: And do I understand that we cannot swap for a value that's equal .to our property... what we paid? �b •., Commissioner De Yurre: For me to vote for the striped, the south side... �r Jr. Luft. Right. — Spa 194 F�br ► ry , 19. pp , ti bt..1- Commissioner be Yurre: .,: it has to include the Perez-Sosa property, It has to be one whole thing. Vice Mayor Plummer: I thought we didn't own the green. I didn't think we own the green - that's the Off -Street Parking, ; Mr. Luft: I thought... that's a different owner. Commissioner De Yurre: Well then, you've got to talk to the man, and see if he wants to sell. OK? - because I am not going to purchase that and have Perez-Sosa in the middle, and then have Domino Park in the corner, and then the theater down the street. Mr. Odio: Victor, the problem is that he wants two point three million dollars ($2,300,000) for that striped property. Vice Mayor Plummer: Wait, wait, let me ask a question. Is the green g property ours to swap? - I thought it was owned by Off -Street Parking. Mr. Luft: It's Off -Street Parking property, Vice Mayor Plummer: Are they going to want money from us in return? Mr. Luft: If we don't build the garage for this project. Vice Mayor Plummer: Oh, the hell you say. Commissioner De Yurre: Well we have to build the garage anyway. Vice Mayor Plummer: Look, when you come back in thirty days, OK?... Mr. Luft: Yes. Vice Mayor Plummer: ... let me tell you what I want to look at when you talk about the blue striped property. I want to see what kind of development you 1„ can put on that property, because from what I am looking at, it's an impossible thing to develop, the way it's located there, and the tower property is totally... I would forget that, I wouldn't even consider the tower property, OK, at this particular point. Maybe that would reduce the price. But I=am saying to you, I want to see what in the wildest imagination that you've got, what you can develop on that piece of property, because from what I am looking at, it ain't much. No, that you're showing Jack, other '} propertiesinvolved. Mr. Luft: I'm showing the Perez-Sosa. Vice Mayor Plummer: I'm talking about... ;J Mr. Luft: I know. Vice Mayor Plummer: .., what you were talking about acquiring. That's what you could do if everything worked out, but we are not even talking about that. I think you're buying a pig in a poke if you buy that by virtue of the fact that you can't develop it. I mean, you are going to have a half -ass development. Mr. Luft: That's been our problem with it from day one. 't Vice Mayor Plummer: Well I agree with that. Mayor Suarez: Yes, I've forgotten about the Off -Street Parking ownership. That could complicate it, or it could also I suppose, make it a little easier in.the sense that there is a third agency to delay with, and sometimes... =: Vice Mayor Plummer: How close... let me ask one more time, maybe you have a '.. answered this, How close with the money y we have can you come to acquiring the �. k�u n red and the blue property? Mr. Luft: (A) is eight hundred and eighty thousand... — • .., Vise Mayor Mummer: Don't tell me that, y - k`JcYg 195 Yebruary lr, lA i i t Vice Mayor Plummer: Tell the the bottom line. Mr. Luft: I have to add it up. Vice Mayor Plummer% See if you could... to me, for development purposes, and unified, I would say the north... Mr. Luft: I can get C, K, L, A and B. Vice Mayor Plummer: Are you talking about all of 8th Street? Mr. Luft: E and D, we would not purchase. All of 8th Street. Vice Mayor Plummer: OK. And the four lots in the back? Mr. Luft: Yes, Vice Mayor Plummer: For the one point seven? Mayor Suarez: That was a question... Vice Mayor Plummer: See that... from a development standpoint, that... Mayor Suarez: ... we asked a little while ago, and we never got a good simple answer to it. Vice Mayor Plummer: Mr. Mayor, from a development standpoint... Mayor Suarez: Yes. Vice Mayor Plummer: to me that makes more sense than a butchered piece of property. Now if that is out, then it's out, OK? if we can't afford it. But I am saying... Mayor Suarez: I don't know what you are saying, Mr. Manager, I have no idea what you're saying. Vice Mayor Plummer: All of that property is contiguous. Mayor Suarez: All right, once again, the one point seven million would, on the north side, would encompass... Mr. Odio: You could buy all of the property, except for E and D. Mr. Luft: It would be very close. Mayor Suarez: All right. All of what is up there in blue and red, and green 3 which we... Mr. Odio: Would belong to us. Mayor Suarez: ... which the Off -Street Parking Authority already owns, with the exception of lots E and D. Mr. Odio: That's right. Mayor Suarez: It's developable... Mr. Odio; It is developable. Mayor Suarez: ... it's looks to me, as an amateur, as a developable propert y - Vice Mayor Plummer: And there is nothing that says we can't develop.,, we can't buy that in the future if money were to become.., Mayor Suarez; So that's one alternative, and it is within the constraints, because that's the way the question was asked. Now... , C puts it right on the marginI'm adding Mr. Luft: fast in my bead, We not be able to got C, it depends on how it adds up, but we could,., 196 February 141 Mayor Suarez: All right, you've qualified it a little bit, and we may have to... Mr. 'tuft: I'm saying, K, L, A, and B and maybe or probably C. , Vice Mayor Plummer: But we get everything on 8th Street? Mr. Luft: Yes. TV - Vice Mayor Plummer: That's important, that's the commercial district. Mayor Suarez: Everything on 8th Street, and three or possibly four lots a behind for additional... =r Mr. Luft: That's right. Mayor Suarez: ... PAR, for additional structure, for additional parking. OK, that's one alternative. Commissioner De Yurre: OK, here is the other. Mayor Suarez: God, it took a long time to get that out, on the north side. y Yes, now, Commissioner De Yurre. Commissioner De Yurre: Here is my proposal, and it is my understanding that Mr. Weiss and his client are willing to accept this scenario. They are willing to enter into negotiations, enter into a contract for the purchase of Perez-Sosa. That would give us that whole frontage from the theater... we can close off 15th Avenue, all the way over, and that would create a square type configuration. Now, the deal would be the following. To get immediately an appraisal of that property... Mr. Luft: Perez-Sosa? - s _ Commissioner De Yurre: The whole thing. v Mr.- Luft: We have an appraisal of Perez-Sosa. Would you like another appraisal'of the Toledo property?... Vice Mayor Plummer: Which property are you talking about Victor? - the cross hatched? Commissioner De Yurre: Of the blue striped. Mr. Luft: Another appraisal? Vice Mayor ;Plummer: See, to me, that is not important right now. What is important to me, even if we could afford to buy it, is how can it be developed, and I think that's where we are missing the, big point. As I see it... Commissioner De Yurre: Well, that's what I am saying. Here you have a big square, if we can assemble which is what I'm talking about. You can assemble, if. you close off 15th Avenue, you've got from the -theater, all the way across, because the .Perez-Sosa property and Domino Park would be part of it, all the way across. r Vice Mayor Plummer: Oh, I see what you mean. Mr. Weiss: That was the site that was originally recommended by your consultants. s Commissioner De Yurre: OK? So you have a big square right there. Vice Mayor. Plummer: That would make a big difference. f / tt 7 Mr.Odio: Commissioner, eleven and twelve is McDonalds, `- Vice Mayor Plummer. What? i Mr. Qdio: On the south... 199, Pai�ruey 14'0 19_l 'kh t e 1 Vice Mayor Plummer: They are not going to move. Mr. Odiot But it's good, because that's a good part of the Latin Quarters. Mr. Weiss: Anchor, it's an anchor. Commissioner De Yurret OK. Now... Vice Mayor Plummer: Yes, what you are saying is, is that you think there is a passibility that we could get fifteen... we already own the most part of sixteen, the one, two, across the street, close the street, and that would give us a big square? Mr. Odio: It would. - Vice Mayor Plummer: My only concern there Victor, would be, when you close that street to acquire, you're going to create a traffic problem that's worse today, worse tomorrow than what it is today. Mr. Luft: That is a single family house. Commissioner De Yurre: Well, you know, that we can leave... I think that it wouldn't be hurt that much. Vice Mayor Plummer: I think if you forgot about the tower, you forgot about the street, OK, I think you're going to come more within realistic of what we can afford. Mr. Weiss: Or leave the tower as part of it, but we will leave the street there too. Commissioner De Yurre: But the deal... here is the deal. Now the deal is that, they are willing to take whatever the appraised value is, plus ten percent, and anything over one point seven, cash, they:would swap for whatever differences from the land we have. Vice Mayor Plummer: But we don't own that y green .property. Commissioner. De Yurre: We would swap with Off -Street Parking, and make a deal. Vice Mayor Plummer: Then, we've got to pay Off -Street Parking. Mayor Suarez: No, we may be able to make surface land available for them to build the parking facilities. Commissioner De Yurre: For the lot. Vice Mayor Plummer: Well, it's got to be with ;a proviso that we've got that property, and we ,have the authority to swap it without cost. Commissioner De Yurre: Sure. Mayor Suarez: Oh, absolutely. It's a very difficult deal to put together in the next thirty days. Mr. Weiss: But we are prepared incidentally, to enter... I'm sorry. .. Mr. Luft: You're accepting their valuation of thirty-eight dollars a square foot for their land? a Vice Mayor Plummer: No, I am not. Commissioner De Yurre: No, no, we are going to get it.., right now, you order an appraisal. Vice Mayor Plummer: No, sir. Two independent, plus ten percent maximum. Mr. Luft: Well, we have two appraisers, MAI, lined up, ready to go to appraise Mr. Toledo's property, 198'. Februaii+ t A -3 NE2 W PEN M1 L` f _ - k Vice Mayor Plummer: And they are going to pay for the appraisers. k Commissioner be Yurret Which they are paying for. j. Mr, Luft: And they have told us that one of the conditions... Vice Mayor Plummer: They are going to pay for the appraise... Mr, Weisst We'll pay for ours, and you pay for yours.Ai— Vice Mayor Plummer: No, sir. You're paying for both. f ,T Mr. Luft: OK. We've been told by both appraisers that their one condition for doing these appraisals, is they must have a legal opinion on the. two encumbrances, the driveway, and the forty car parking spaces on that, as part of their condition for securing a signed appraisal on that. Mr. Weiss: I'd be happy to give you such an opinion. s Mr. Luftt I'm sure you would. Vice Mayor Plummer: Yes. Mr. Luft: All right. They want that legal opinion on those encumbrances clarified. Vice Mayor Plummer: All right, I only have one further question, Jack. Is there the possibility that we can acquire lot 13? Mr. Luft: I think there is. Vice Mayor Plummer: For? Mr. Luft: We had an appraisal of two hundred and thirty thousand ($230,000). The owner told us that they had an offer, they wouldn't tell us by who, in the high three hundreds. Vice Mayor Plummer: All right. Then we can go condemnation? Mr. Luft: No, we can't. r Vice Mayor Plummer: Why? Mr. Luft: We do not have condemnation powers on this project. We cannot condemn land if it's not in a redevelopment district. This is not a redevelopment district. '} Mr. Weiss: But we own 13, right? We own 13, Commissioner Plummer. Commissioner De Yurre: We're talking about 15. He is talking about 15, that's what you're talking about. # i Mr. Luft: Oh, 15? Vice Mayor Plummer: I'm talking about where the... is it 13? - I'm sorry, 15. , You own fifteen? Commissioner De Yurre: No, that's Perez-Sosa. _ K Mr. Weiss: That's the bakery, that's the Perez-Sosa Bakery. Mr. Luft: We have no condemnation powers in this. Mr. Weiss: We are offering to buy... we're going to purchase it. Vice Mayor Plummer% Well if you can't get 15, then that blows it. Commissioner De Yurre: Well, he is saying that's part of the deal, they have to gat 15 rv. Mr. Weiss We will purchase it. 'S :. V 199 VAbrlwry 140AV k d OR 'Vice Mayor Plummer: You're going to get it? Mr. Weiss: Yes, sir. Vice Mayor Plummers For two hundred and thirty? Mr. Weiss: We will purchase it for as little as we can. Vice Mayor Plummert Well, but that's your problem. You might have to eat part of it. Mayor Suarezt That's what he is saying. t rs. Commissioner De Yurret Well, it's going to have to be within the appraised value too. Vice Mayor Plummer: To me, if you can't cut it off to a square, you've wasting your time, OK? Mr. Weiss: We will acquire.., what we would propose to do, is enter into a - written agreement binding us to sell that property to you, to ten percent above the you know, the appraised value, plus ten percent to... i; Commissioner De Yurre: Up to one point seven, cash. Mr. Weiss: ... up to one point seven in cash, take a land swap for... Commissioner De Yurre: The difference. Mr. Weiss: ... our property across the street for anything... Vice Mayor Plummer: But you are going to pay for the appraisers? Mr. Weiss: And we are going to pay for the appraisals. s Mayor, Suarez: All right, Mr. Weiss, Commissioner De Yurre, Vice Mayor Plummer, that sounds to me like one alternative to pursue, but always understanding that the constraint of the one point seven million dollars ($1,700,000) has to remain, and that we cannot vary it in any way, and that the constraint of thirty days in which to tell us whether this is feasible, finally and definitively... Vice Mayor Plummer: You're kidding yourself, Mr. Mayor. He will not do it in thirty days. 3' r Mayor Suarez: Well, thirty days to tell us whether it's feasible. We are going to hold you to it, at least, our staff, if not them, because they`.may not... Mr.Weiss: We... Mayor Suarez: ... wait.., Mr. Weiss: I'm sorry. Commissioner De Yurre: How long does the appraiser take to do the job? Mr. Luft: It's going to take us at best, three weeks, probably a month, just .: to get the appraisals back, Mr. Weiss: But the contract can be signed. Mr. Fernandez: And then, you also have to go to DOSP (Department of Off - Street Parking). Mayor Suarez: See, unless this Commission is willing to go thirty days beyond tod , for a clear indication of whether we are going to proceed on the south y side of the street, or on the north aide of the street, which apparently is viable, according to the reckoning that was just done, and the analysis which was done by Commissioner Plummer, or to simply abandon the entire project srhi.ch ` would be any of those three alternatives to. me, would bo .&,table. The' one thing that for me, for my vote, that would not be acceptable is to 200 Feb"-ary 14 �v l k z'fy spend any more than thirty days in which to take a final determination of the direction that we are pursuing. And by the way, I happen to think... Vice Mayor Plummer: I told you that you can't... Mayor Suarez: that if we don't do that, this is what we intended to do o if we don't do that we are never going to be able to reach three months ago, > g g settlement with them or anybody else. It's the only way we've ever been able F to do it in the past. We put a time constraint and a numerical constraint in what we are willing to pay. It's the only way to proceed, and you can tell us thirty days from now, or sixty days, if you want it varied to sixty day, I would stick to thirty days, Commissioner De Yurre. Commissioner De Yurre: Thirty days is fine Mr. Mayor, but at the same time, we proceed with the north side, whatever gives. But my only concern is that, L lot, there is a right of first refusal on that property, and if those people decide to buy, then we can't do a damn thing on that property. Mr. Luft: That's right. Mr. Elio Rojas: Mr. Mayor. Commissioner De Yurre: So, we have to secure during this thirty day period... Mayor Suarez: Right. — Commissioner De Yurre: ... we have to secure that lot as far as clearing that hurdle. Mayor Suarez: OK. Have I stated those two constraints correctly to reflect the consensus of this Commission? I believe I have. t Commissioner Dawkins: Mr. Manager. i, Mayor Suarez: And I'll like to make it in the form of a motion, and then if we can hear... i• Mr. Rojas: Mr. Mayor, please... } Mayor Suarez: We are going to hear from you in a second, but I can't imagine that you're going to affect our determination on this, Elio. Commissioner De Yurre: I move it Mr. Mayor. Mayor Suarez: All.right, so moved. We have thirty days and one point seven +` million dollars ($1,700,000), we are giving the instructions to administration to come in thirty days and tell us, which of these two is feasible, if either one, and if not, possible move away from this entire project. That's the' motion, seconded by Commissioner Plummer. I'm going to call the roll on it, and then... 4 Commissioner Dawkins: OK, under discussion. E Mayor Suarez: Commissioner Dawkins. t Commissioner Dawkins: I need one clarification, Mr. Manager. = Mayor Suarez: Yes. Commissioner Dawkins: The piece of property that they are talking about ' swapping, in the event that the appraisal is more than the cash money than we have, how will the City acquire it? �i Mr. Weiss: The City owns it. Mr. Odio: Well, if I understood the swap, we would have to deal with the Off- >, Street.Parking Authority, and give them the green property... '{ Commissioner De Yurre: We would take green. Mr. Odio: ... or one piece of the green property in exchange for Pereg-Sosa .f bakery property... —hT 201 robruary 14 1991 .; h41 ke� 3T r Et + I`x t t Commissioner De Yurre: Or whatever. Mr. Odio: ... or whatever. { Commissioner Dawkins: What now? Are you telling me it's going to be an even, no cash swap, or you're telling me that you have to take and buy it from theca - how are you going to acquire it? Commissioner De Yurre: It's got to be even. h Mr. Odio: That's their problem. They would have to provide.., what I understood is... _ Commissioner Dawkins: OK, hold it. Let me be sure... I just need to know, let me see what we are doing, OK? Mr. Odio: They would... what I understood... Commissioner Dawkins: You're telling me that, if it comes in for one point seven, and you're telling me that there is going to be a swap, they are going to be responsible for paying for paying for the swap too? Mr. Odio: They would have to buy Perez-Sosa, and then in lieu of that piece of property... 4:. Vice Mayor Plummer: The only swap is a piece of property, not the money. Mr. Odio: ... we would have to give them a piece of property across the street. Commissioner Dawkins: Huh? }}. i Mr. Odio: We would have to give them a piece of property across the street. t, Commissioner De Yurre : We would have to give Off -Street Parking. L Commissioner Dawkins: Yes, we would. OK, how would you acquire?... a Mr...Odio: Right, Off -Street Parking would have to... Commissioner Dawkins: You would have to buy the property from Off -Street :{ y Parking. Mr. Odio: Yes, or... Mayor Suarez: Or, it could be. a swap with us, wait... a swan with Off -Street ' Parking, where Off -Street Parking would have the right to do level parking, or underground parking, or first story parking on the south side of SW 8th Street. That's the work. Commissioner be Yurre: That's right. Mr. Luft: ... to make up for that difference in cash value, Mayor Suarez: agrees to it. If it can be done, and if the off-street Parxing Autnoricy Mr. Lufti If it can be done, Mayor Suarez: !tight. Vice Mayor Plummer: Then you've got to provide the McDonalds with forty parking spaces. Mr. Luft: All right: And we have... Mr. ddio: Yes, but that can be worked out, because I think McDonalds is an important thing. Mayor Suarez: And Jack, we are not agreeing to do that today. We are only telling you... Mr. Luft: To explore it. Mayor Suarez: ... to pursue that to see if it can be done, but at the end of thirty days, we must know finally, and as definitively as you can humanly make it whether it can be done, or not. Chances are, it wouldn't be able to be done, so. Vice Mayor Plummer: Well, wait a minute. I'm losing something. You told me that all of the blue striped property today is appraised for one point three. Mr. Luft: Yes. ` Vice Mayor Plummer: OK. Then the Sosa, if you bought it at what they think t it is, is one point six. Mr. Luft: That's right. s; Vice Mayor Plummer: OK? So, add ten percent, you're talking about one point seven, there is no need for any swap. Mr. Luft: That's right. That's what I am trying to understand. Vice Mayor Plummer: That's it. Mayor Suarez: If they agree to our appraised value. 'j Commissioner De Yurre: No, but listen. If... Vice Mayor Plummer: They've agree to it. That's it. Commissioner De Yurre: ... J.L. if it's more... Mr. Luft: That's right. Commissioner De Yurre: ... that's where we would make up the difference, `r that's the whole point. Mr. Luft: That's right._ �} Mayor Suarez: And if we choose to follow that avenue.' AV,: Vice Mayor Plummer: But don't talk in that vein, talk in a positive vein. It's not going to come in at any higher than onepoint seven, - Commissioner De Yurre: Oh, fine, but you know, just... ` Mr. Weiss; Can I... I hate to play lawyer, but we are going to all, four ctf .. us are going to have to try to deal with this after you leave, and I really think to just take a second and clarify this. First of all, I'd request that you direct your staff, number one, to concentrate on us, and either do it, or `. be done with us within the thirty days. ;. } . 203 February 14, 1 °A 'gt Fti Mayor Suarez: Weil) we are telling them to within the constraints of thirty days, and one point seven million dollars ($1,700,000) to deal either with you) or with the north end, an assembleable amount of land, or to come back and tell us that the deal cannot be done, and we are just going to use the money for something else. That's what we are telling them. Mr. Weiss: OK. What I thought we were.., Mr. Odiot We are going to... Rick, what I understood was that we are going to negotiating for the north side also. Mr. Weiss: OK. All right, I just wanted to be... Mayor Suarez: Oh yes, absolutely. In fact, I think it's more doable right now. That would have to be my view. Mr. Weiss: Yes, I just wanted to be clear, Mr. Manager. The second this is, just again to understand, the price is the appraised value in cash, one point seven? Mayor Suarez: That's how much we have got. That's the constraint, that's not the price. That's the constraint we are giving our staff to negotiate with you. Mr. Weiss: Right, and I understand that. And we have accepted that. The price is... Mayor Suarez: Well, it's irrelevant whether you accept it or not, that's the constraint we have placed on them. We don't want you to understand it as an (' offer or a price, it is a constraint we have placed on them. Mr. Weiss: I understand, it's a cash constraint. A Mayor Suarez: It is a constraint. t`:-: Mr. Weiss: OK. Mayor Suarez: Now, beyond that, if our staff believes that because of some ;.' flexibility in appraisals, or some discrepancies, that some swap can be made with you of the green spaces on the north side, with some part of the south # side that is equivalent, and acceptable to the Off -Street Parking, and if they think all of that is advisable, within our norms for acquisition of property, and they want to make that recommendation to us within thirty days, they may do so. 'r Mr. Weiss. With the limitation on what the City will pay us of the appraised value, plus ten cent, including the land and the cash. Is that correct? Mayor Suarez: We have that limitation in our law. Mr. Weiss: I understand that. t. Mayor Suarez: There is no need for us to add that. It's appraised value,` plus ten percent, period. Mr. Weiss: OK. Mayor Suarez: That right now, that would mean that for your part of the property, we will be able to offer exactly no more, if we were inclined to do so, than one point four, three million dollars, period. A Mr. Weiss: Got it. One more question. ,. -. Mayor Suarez: Which is one point three plus ten , P percent. '< Mr. Weiss: We were agreeing. ., first of all, we had offered to enter into a contract with you to do that. I am assuming you don't want us to do that, you want_, , . I mean, we are ready to sign a contract to buy it for the a appraised value plus ten percent. _- {E f e rr r 204 February 14, 1991 j,. Mayor Suarez: We are now telling our staff to, because of all the time that has been involved in all of this, we also want to make sure that for the same one point seven ($1,700,000), we can also acquire Perez-Sosa. Otherwise, the whole land assembly makes no sense... Mr. Weiss: I understand that. Mayor Suarez: ... from our amateurish view of life. Mr. Weiss: I am even more amateurish than you. I just want to ask one more question. Mayor Suarez: So now, there is an additional little requirement that is imposed on them, which makes it less likely they will be able to reach an agreement with you, but who knows. Mr. Weiss: We will try. OK, the last question is, we have agreed to sell it to you of the appraised price plus ten percent, and the question is, what we would like to do... Mayor Suarez: Don't say that, because when you keep referring to the appraised price, you keep referring to your appraisals, we are referring to our appraisals, so. Mr. Weiss: No, that was the issue that I was going to bring up. We have agreed to use an MAI appraisal... Mayor Suarez: We have not built in to our motion so far, any notion of an MAI appraisal being necessary. We are just telling them what we consider the land to be worth by our consultants. If they choose to go to an MAI appraiser, thinking that that's the way to convince you, that your appraiser is wrong, they may try that. And I have a feelin that we're oin to want t g g g you o pay for it, because that... Vice Mayor Plummer: No, no, they've already agreed to that. Mr. Weiss: OK, I... that's I understand... what I thought we're originally talking about, Mr... Mayor Suarez: But that's really up to the administration. Mr. Weiss: I thought that we were talking about having two MAI appraisers... Mayor Suarez: We are not going to bind ourselves with that, not today,, not for my vote. Mr. Weiss: OK. Mayor Suarez: I'm not going to bind myself in advance to anything that appraisal comes in. Mr. Weiss: Can we agree... Mayor Suarez: The constraint is one point seven million dollars ($1,700,000). Mr. Weiss: Can we agreed that as long as we are going to be constrained to: sell to you, that we could have... that we could agreed on the appraisers between the City and my client? I think that's fair. * Mayor Suarez: You mean to agree as to who is going to do the appraisals? Mr. Weiss: Yes. Mayor Suarez: Oh, you should try to do that, because by all means, because if in fact we decide to use another appraiser, an MAI appraiser, and it you agree as to who it should be, that would get us a lot closer to convincing us that h` you are right. Mr. Weiss: OK. If we are footing the bill, two appraisals are OK? Mayor Suarez: Sounds advisable to me. cr 205 February, lei fy� a r ��t matt Mr. Odio: Yes, sir. Vice Mayor Plummer: The State law says that property is assessed at one hundred percent. When you come back, I want you to tell me the total assessment of those parcels in blue, striped in blue. Mr. tuft: Fine. Did I just understand now that we are going to give them the names... Mayor Suarez: Those are interesting, suggestive procedures to try reach agreement. Mr. tuft: We will provide Mr... Mayor Suarez: We are not bind ourselves with that by this motion, we are only binding ourselves as we meant to do three years ago on this, and again, three months ago by the constraint of the one point seven million dollars ($1,700,000). Mr. tuft: Right. Now... j Mayor Suarez: It's worked awfully well Jack, in the case of the Coconut Grove # Exhibition Center, the Little Havana Substation, the North Substation, and for some reason, it doesn't seem to work in the case of the Latin Quarter Specialty Center, or otherwise named Specialty Center, if it ever happens. We put a constraint, and you have to work within that constraint, period. Mr. tuft: We are. Mayor Suarez: Right. And explain to counselor... Vice Mayor Plummer: Next item. Mayor Suarez: ... when you have time that, that doesn't mean that we bind ourselves, we try to finda procedure so he can convince his client, and we can convince ourselves legally that we can go beyond what our appraisal say, and we will try other flexible ideas, because, and Commissioner De Yurre has come up with some interesting ideas involving land swaps But as to cash we have one point seven million dollars ($1,700,000) available, period. Mr. Luft: I understand. My last question was, we are going to pick two MAI appraisers, they are going to have right of veto power over who those two are, and until we find... is that what you just said? ;i Mr. Weiss: Fine. { Mayor Suarez: You guys work out the y g y procedure. Jack, we can't get into. that. J' Commissioner Dawkins: They are paying for them. Why shouldn't they agree? Well, they are paying for them. Mr. Luft: Fine. I am just clarifying. is Mayor Suarez: Try to agree, otherwise, they are not going to want to pay for it, and thirty days from now you will tell us that you couldn't even agree on an appraiser, let alone, the appraisal of the appraiser. By the way, I won't _ believe any of this nonsense about appraisals taking more than three weeks. r. Mr. Weiss: They can be dons quickly. as Mayor Suarez: Yes. Mr. Weiss: Yes, air. Mayor Suarers If he wants to sell, you bet your life he is going to do it &s quicker. All right. 4 lY S - L Fobruery !?t 1991 st3 Mr. Weise Thank you very much. Mayor Suarez: That's in the form of a motion. It's, thank God, not one that would bind us legally I don't think, it's just instructions to the City Manager. Mr. Fernandez: It's very clear that there is nothing binding in this. Mayor Suarez: Right, but I think it's generally understood. Vice Mayor Plummer: Well, don't take a vote. We've set the policy, don't take a vote. Mayor Suarez: All right, we can avoid taking a vote, I think the policy is pretty clear. Vice Mayor Plummer: Yes. Mr. Weiss: Thank you very much. Mayor Suarez: OK, Item 52. Vice Mayor Plummer: Mr. Mayor, 52 has been deferred. Fifty-three was my item, and I am surprised that it's back here again. We agreed at the last meeting. Did you want to speak on 53? Mayor Suarez: Oh, Elio, did you want to say something? I'm sorry, on what we have been trying to do. Unidentified Speaker: No, sir. Not I. Mayor Suarez: I can't imagine that you would object to anything we have done, because we have just struggled with something that... Mr. Rojas: Mr. Mayor, just for the record. We have another proposition. Mayor Suarez: Give the name and the address, please. Mr. Rojas: Yes. My name is Elio Rojas, president, Latin Quarter Association. Just for the record, we have another proposition, we will be coming out with in the next thirty days. Mayor Suarez: OK. Mr. Rojas: On the same area Mayor Suarez: Entirely new idea? - with an entirely new site? i Mr. Rojas: Yes. Mayor Suarez: OK. Vice Mayor Plummer: Great. Mayor Suarez: That helps us because... r Vice Mayor Plummer: Yes, air. 9 Mr. Rojas; We are working on it, that's what I am trying to tell you. Mayor Suarez: .., it sends them a message that we may just drop their whole }}` idea and go to a whole different idea. ' Vice Mayor Plummer; But for God sake, -don't disclose where it is. Mayor Suarez: And don't say where it is. ' Mr. Rojas: Don't worry, within the money. Mayor Suarez; Until the twenty-ninth and -a -half day, sx .' 207 February { 1 9 i5 ------.►----—►.— .'.'.r r+.y w+—ra------its---ti+ai4-----i.---------------Y.----------- 4---��.r 1a 66. DISCUSS AND REFER TO CITY MANAGER ALLEGED ZONING VIOLATIONS BY WILFREDO CURBELO AT 1500 S.W. 13 STREET. (Schedule for February 28th meeting, if Commission action needed.) ------------------------------------------------------------------------------ Mayor Suarez: All right, item 54. Vice Mayor Plummer: Fifty-three. Mayor Suarez: Fifty-three. Vice Mayor Plummer: What does he want to speak on? Mr. Keith M. Hardin: My name is Keith Hardin, I live at 1510 SW 13th Street. I am trying to find out if any City Commissioner is going to introduce a pocket item, reference, a zoning code violation on a Mr. Wilfredo Curbelo, who own the house next to me, 1500 SW 13th Street. Vice Mayor Plummer: What item is it? Mr. Hardin: It's not on the... Mayor Suarez: It's not on the agenda. I have had this... Vice Mayor Plummer: Oh, somebody called my office. I don't know what the hell it is. Mayor Suarez: ... pointed to the attention of my office. I think that something has been done by the administration on it. It is a zoning violation by a Mr. Wilfredo Curbelo. Mr. Odio: I have had staff working fulltime on that, and I have not resolved that issue yet.` Vice Mayor Plummer: What's the 'problem? Mayor Suarez: Is there anything that we can do today by way of a motion or a resolution? Vice'Mayor Plummer: Keith, where is it? Mr. Odio: He has been fined... Mr. Hardin: Mr. Hernandez... Vice Mayor Plummer: Where is the location? Mr. Hardin: Fifteen hundred SW 13th Street. Commissioner Dawkins: Pull the mike up, sir._ Mr. Odio: It is problem. He has been fined by the Code Enforcement Board, because the property, it was supposed to be single family residency, it's now a duplex. Mr. Hardin: No, sir. He had at one time, twenty... Mr. Odio; Wait, wait. I'm not arguing with you, I'm ,just explaining to them fr what has happened. 3 Mr, Hardin: Oh, I'm sorry, OK. Mr, Odio; I have not been able to resolve this issue as of now. Vide Mayor Plummer: Is it before the Code Enforcement Board? '. v4 t Mr. Odio: It has been.., Mr. Rodriguez: It went before the Code Enforcement Board, They gave him a fine. They told him that in order to be able to settle the fine, he had to remove the secondary use that he has, which is a lot of people sleeping in the site, Vice Mayor Plummer: Yes. Mr. Rodriguez: More than a single family use, and Mr. Curbelo doesn't want to remove the violations. So the fines have been accumulating, and now it is out _ of hand completely, as to the price. Vice Mayor Plummer: Once again, the Code Enforcement is without clout to get f4 anything accomplished. Mr. Rodriguez: Well, the problem is that they already decided to go for foreclosure 'and lien, and they gave him already notice, and that's why he is ` trying to get the Commission to reverse that, or to change that. We are already in that step. Vice Mayor Plummer: He has got twenty-eight people sleeping in a duplex? Mr. Rodriguez: I don't know how many people, but it has a .lot of people. Vice Mayor Plummer: The Camillus House don't have that many. Mr. Rodriguez: But at this point... Vice Mayor Plummer: So what do you do? - the fine runs on, and on, and on, +� and on. Mr. Rodriguez: We are in foreclosure. Mr. Fernandez: We are on the threshold of the door to the court to foreclose on the property and take the property away from them,, fee simple title take, foreclose the property. Vice Mayor Plummer: How much longer is that going to take? Mr. Fernandez: Well, what I understand is that we are waiting to, once again, to try to bring him into compliance. Vice Mayor Plummer: Why? The man obviously is not going to. Mr. Odio: It's not a clear cut case, Commissioner. Vice Mayor Plummer: Twenty-eight people sleeping, and under one duplex is not a clear cut? Mr. Odio: He is... wait a minute, I don't know how many people are sleeping there. The man showed me the papers at some point there, it showed that the thing was considered a duplex by the assessment board and everybody else, yet we are saying no. It is not clear that he was grandfathered in or not. And that's the problem. I wanted to... me, I'd be glad to, you know, sit here and j: tell you yes, go ahead and foreclose, but I wanted a few more days, and I told } Mr. Curbelo that... then reach a conclusion, because I want to be fair with the man. Mr. Hardin: Excuse me. The plans for this house were drawn up in 1925._ `4 Mayor Suarez; Wait, wait, you are not on the agenda. Mr. Hardin: OK, memo — Mayor Suarets try to, within the beat of its powers to resolve it. It there is. anything for this Commission to do today, we would contemplate further debate and consideration of the whole problem, but I am not prepared to vote on anything today, unless somebody tells me what it is you expect us to vote on. Mr. Odio: If he wants to insist on now, I would say go ahead and we foreclose, because I don't have enough information to reach a conclusion: Mayor Suarez: I don't know what we are foreclosing on. - INAUDIBLE C1_,►.ENT NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, the administration has assured you today, even though ! { you are not on the agenda, you've communicated with our office I know, with Vice Mayors, maybe all of us, that we are looking at this problem, we are i delving into it, we are going to try and come up with administrative solutions, maybe including foreclosure, and then we are going to take action. Hopefully, that's satisfactory to you. Mr. Odio: I would like to reach a conclusion by the second meeting of the month, and by that time, we will tell you what... Vice Mayor Plummer: Fine. Mayor Suarez: And don't hesitate to put the item on the agenda as a formal item requesting Commission action, whatever it may be, including foreclosure, " �f legal foreclosure action or whatever, but we can't y g , , get into ever item ,i that... �< Mr. Hardin: No, no. My question was, was any of the present... i. Mayor Suarez: Your question to them, not your question to this Commission. ;. i Mr. Hardin: OK. Mayor Suarez: All right? - because we don't know, we don't know enough about { the facts of this matter. Mr. Hardin: No, no, I understood that a City Commissioner was going to put a pocket item on... after the agenda... Mayor Suarez: That may always happen on almost any item here. Vice Mayor Plummer: Keith I y got a call in my office, asking if it was me, J 1# and I said, I didn't know a thing about it. Mr. Hardin: That was me. Commissioner Dawkins: Well no, wait a minute, let's... sir, where is # Victor? - I am not going to pocket item it. Are you going to pocket it? Vice Mayor Plummer: How can I I didn't know a thin about i . � g t Mayor Suarez; I don't understand enough about the item. Commissioner Dawkins: No, it's not, it will not be pocketed, sir. Mr. Hardin: And it wasn't Victor either. Commissioner Dawkins: Sir? Mr, Hardin: It wasn't De Yurre's,office, because they told me, no. Commissioner Dawkins: Well, it doesn't matter. If Victor pocket it, I'll vote, no. The three of us will vote, no. So, that's what it is. x } Mr. Hardin: What I want to be here... Mayor :Suarez: What we are telling you, is that we are not ready to take y - ., action today, so please, work with the administration, We don't.., ' -tea 4 a, 210 February :« 77777777777, IAL Commissioner Dawkins: We are not going to discuss it, sir. Victor, are you going to pocket whatever he is talking about? Mr. Hardin: I'd just like to be present, if it's done. z' Commissioner Dawkins No, he says no. E Mayor Suarez: OK. Mr. Odio: It will be scheduled for the meeting of February 28th. { Mayor Suarez: If need be. ' Mr. Odio: If we need to be. Mayor Suarez: If there is a need for Commission action. We don't do these kind of things at the Commission level, most of the time. Commissioner Dawkins: But it will not be a pocket item today, sir. Mayor Suarez: There is no way we can take action on it tonight. Mr. Hardin: Thank you. r'- ------------------------------------------------------------------------------ 67. BRIEF CLARIFYING COMMENTS CONCERNING SERVICE DELIVERY AREA DESIGNATION { FOR JOB TRAINING SERVICES. — { i .A., ------------------------------------------------------------------------------ i Mayor Suarez: All right„ Item 54. _ # Vice Mayor Plummer: Fifty-three, Mr. Mayor. As I started to say before, I Mayor Suarerf Great, So then there is no need to.:: Commissioner Dawkins: I put it on, and it's been resolved. {4 Mayor Suarez: ..: defer action on something that's been resolved. Mr. Odio: Right. �- Mayor Suarez: Not even if the Commissioner is missing who wants action to betv deferred. All right. K Vice Mayor Plummer: She said fifty-two, and fifty-four. I ; Mayor Suarez: Back to fifty --four, presumably, she is not concerned about I deferring action on security problems, or maintenance problems in, or about the Challenger Memorial. Mr. Odio: Well, OK. Mayor Suarez: I don't think. Vice Mayor Plummer: She... fifty-two and fifty-four is... Mr. Odio: Let me simplify it. Mayor Suarez: What you say about... Mr. Odio: The reason... Mayor Suarez: What about fifty-six? !' Mr. Odio: Well, I'm on fifty-four, right? J Mayor Suarez: The Commissioner would not like us to take action on fifty-six. We are not at fifty-six. j Unidentified Speaker: I know. ' Mayor Suarez: We will get to fifty-six. Now, back to fifty-four. Mr. Odio: To simplify it. Mayor Suarez: Yes. Vice Mayor Plummer: Car 54, where are you? Mr. Odio: I saw a request where they were asking for nineteen thousand dollars ($19,000) from the City to do something at... Mayor Suarez: Who is asking for nineteen thousand dollars ($19,000) from the City? Mr. Odio: The... Ira Katz. i i Vice Mayor Plummer: No, no, no. r; t Mr. Odio: Matthew, Matthew, - to do something at the Challenger Memorial. }. ! You the Commission, set a policy that the City will not put one dollar, into that Memorial. Vice Mayor Plummer: OR. Now let me tell you what the... Mayor Suarez: We have a policy not to put money into a Memorial. However, if the Memorial is going to lean and fall down, and kill somebody, I am sure that t 3, we would look at the possibility of deviating from that policy. Now, where are we? y Vice Mayor Plummer; Let me tell you what I want you to know. One of the.. 'Y proposals that Matthew has come up with, is putting a fence around it, OR? �. and that's to eliminate a liability. Now, that portion of it, I don't think that we can turn down in any way, shape, or form. t Zit 1'abruary 14, 1991 u ✓ . L - 3 Mr, Matthew Schwartz: And we have the funding. Vice Mayor Plummer: We could argue about the rest. We also have the .situation with Mrs. Curry, who I guarantee you, her patience, her life is going to run out the way we are going, to accept her donation of sixty-five thousand dollars ($65,000) if we don't do something. `r- Commissioner Dawkins: Sixty-five? Vice Mayor Plummer: Yes. �x= , Commissioner Dawkins: You always Vice Mayor Plummer: She has stipulated that the sixty-five would be for flowers and landscaping. OK? And I think we ought to accept it. I mean, don't look a "gift horse in the mouth." The woman wants to donate... Mayor Suarez: Could the flowers and landscaping be used as a natural buffer, so that instead of a fence... Vice Mayor Plummer: Around the hide that... Mayor Suarez: ... I hate the idea of a fence, particularly when I don't see the need for a fence. Mr. Odio: The agreement has been corrected. I can sign it so... Vice Mayor Plummer: What? Mr. Odio: The agreement has been corrected, and now I can sign it, so. Vice Mayor Plummer: Fine. Mayor Suarez: OK, so the agreement is ready with Mrs. Curry. Could that somehow, be used to provide this buffer so that people don't get so close to the tower that they can do harm to themselves? Vice Mayor Plummer: She is very specific on how... if you know Mrs. Curry, she taught me at Miami High, she is very specific on how things are going to be done... Commissioner Dawkins: With her money. Vice Mayor Plummer: That's every right she has. Commissioner Dawkins: I agree, J.L. f Vice Mayor Plummer: OK? Commissioner Dawkins: No problem. Mr. Schwartz: We have the funding for the thousand dollars for the chain link - fence. It will be eight foot, black, vinyl chain link fence... Mayor Suarez: One thousand? Mr. Schwartz: One thousand dollars ($1,000) is temporary fence. Mayor Suarez: How come we are talking about nineteen thousand,,"up until now? 'All of a sudden, we are talking about five percent of the initial amount. y Mr. Schwartz: No. The issue is, that there is a need for nineteen thousand dollars ($19,000) worth of improvements at the Memorial. Mayor Suarez: Says who? Mr. Schwartz: Says, Public Works, the architect who did it. There is a danger, there is a fifteen foot pit there that needs to be covered, there is,,. the pit is full of water, there needs to be a pump put in., Mayor Suarezc Where is that pit? - around the tower? 213 Tobruar ,1 , 1991 - ---.. _. __— urnwwir rrrri r .wr■ -i Mayor Suarez: I've not. I've not seen any pit around that tower. Maybe, I ought to get a'little closer to it. i Vice Mayor Plummer: You are assuring us Matthew, that this is a Japanese link fence, so it will be approved by Noguchi. Mr. Schwartz: It was approved by Ira Katz. Vice Mayor Plummer: Oh God! Mayor Suarez: That's the second... Mr. Schwartz: We are only selling links for Ira Katz this time. Mayor, Suarez: The closest thing to the most brilliant architect in history, is Ira Katz. All right, so he approves the fence. Mr. Schwartz: OK. The nineteen thousand dollars ($19,000), the City... Mayor Suarez: I don't believe you are here on a one thousand dollar ($1,000) item... Mr. Schwartz: No. Mayor Suarez: ... because I would hope that, understanding the Manager's discretion, not to mention the DDA's discretion... Mr. Schwartz: No, DDA is going to cover the cost. Mayor Suarez: Thank you. That you would of found some place where the thousand dollars can be obtained. Mr. Odio: They want nineteen thousand dollars ($19,000). Mayor Suarez: Now, what about the nineteen thousand? - now we've got the chain link fence resolved, it's going to look awful. Mr. Schwartz: OK. We're requesting that of the remaining funds for the south end of the park, which is about nine hundred thousand dollars ($900,000), that consideration be given to advance that nineteen thousand dollars ($19,000) to make these really critical repairs to the Challenger Memorial. Vice Mayor Plummer: We can't do that Matthew, because we've committed to the RFP to finish that end of the park within the monies which we have. So there is no surplus there. Plus we're also committed to Jack Gordon, who made the monies available in the first place. So, there is no surplus funds. Mr: Schwartz: Jack Gordon didn't have a problem using funds to complete the ? Challenger, or portions of the Challenger. That was a... Commissioner Dawkins: Is the Challenger located in Bayfront Park? Vice Mayor Plummer: Yes. ru Commissioner Dawkins: So if you spend nineteen thousand dollars ($19,000) in —__ Bayfront Park, you've got to spend nineteen thousand dollars ($19,000) in the inner-city park. Vice Mayor Plummer: We don't have it to even spend in Bayfront park, much less anywhere else. Commissioner Dawkins: Hey, I just want us to know... Mr. Schwartz: The main problem is... commissioner Dawkins: ... that we, are looking at thirty --eight.., we're talking about thirty-eight thousand dollars ($38,000), and not nineteen. 21euary 1, 19 � zfi Mr. Schwart2: There was a committee formed, the Challenger Seven Committee, we have written to the committee members. They are not active, they are not interested at all... Vice Mayor Plummer: Take it out of the DDA contingency fund. No, they've got money in the contingency fund. How much have you got in your contingency fund? 4 i Mr. Schwartz: We have a hundred thousand dollars ($100,000), because of tax shortfalls. ! Vice Mayor Plummer: There you go. You've got more than we do. I make a- ._ motion the nineteen thousand ($19,000) plus the thousand ($1,000) come out of the contingency fund of the DDA, and get the thing done. Mayor Suarez: So moved. Second. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-157 — A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED tE $19,000.00 FROM THE 1990-1991 CONTINGENCY FUND OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR REPAIRS AND IMPROVEMENTS OF THE CHALLENGER VII MEMORIAL AT _ BAYFRONT PARK; FURTHER INSTRUCTING THE CITY MANAGER TO IDENTIFY A SOURCE OF FUNDING IN AN AMOUNT NOT TO i` EXCEED $19,000.00 FOR THE IMPROVEMENT OF INNER-CITY PARKS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. - Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. - COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: Under discussion. If you are going to find... I keep telling you, nineteen thousand dollars ($19,000) contingency, you've got to find thirty-eight ($38,000), because... Vice Mayor Plummer: Well, I found the nineteen, you find the other nineteen. Commissioner Dawkins: See, but we said, and you passed the resolution.., go back and get the record, that for every dollar that we've spent in Bayfront, Park, we were going to spend a like dollar in the inner-city parks. That was a policy established by this Commission, Mayor Suarez: Well, we probably... Commissioner Dawkins: Now, you're going to spend nineteen thousand ($19,000), and forget about the promises, or the legislation that we passed. OK, no problem. X Mayor Suarez: Well, but it's not coming from the City, it's coming from DDA. �a 215 February 14, '19-94 { , a r vi, k �z Mayor Suarez: It's not we, dollars ($19,000) in any event neighborhood parks in the City, t � but we should find another nineteen thousand to satisfy the spirit of that motion for the Commissioner Dawkins: That's all I am saying. Vice Mayor Plummer: I agree. Mayor Suarez: All right, so please, Mr. Manager, identify nineteen thousand dollars ($19)000) for other improvements that are pending, and add it to the Parks Improvement Fund, which could use another nineteen thousand dollars ($19,000). I think it is a very valid point. Call the roll on the motion, Vice Mayor Plummer: No winners. Mayor Suarez: With that understanding, with that proviso. f Commissioner Dawkins: I don't believe they are going to do it, but I'll vote, yes. ------------------------------------------------------------------------------ 69. REAPPOINT COMMISSIONERS PRESENTLY SERVING ON CITY BOARDS: (a) MAYOR SUAREZ, CHAIRMAN, DDA; (b) VICE MAYOR PLUMMER, CITY REPRESENTATIVE, BAYFRONT PARK MANAGEMENT TRUST; (c) VICE MAYOR PLUMMER, CHAIRMAN, INTERNATIONAL TRADE BOARD; (d) COMMISSIONER DE YURRE, CHAIRMAN, MIAMI SPORTS AND EXHIBITION AUTHORITY. ------------------------------------------------------------------------------ Mayor Suarez: Item fifty-five, fifty-seven. Commissioner Alonso apparently I - am told had wanted to... Commissioner De Yurre: While you guys are talking you know, I'll pass these out,, Commissioner Dawkins: No, I cannot be bribed with this. Take it back. Vice Mayor Plummer: What is that? Commissioner Dawkins: We would not be bribed with this deal. Vice%Mayor Plummer: What is that? Oh, Miriam Alonso, the new chairman of the Sports Authority. Victor De Yurre, the new chairman of Bayfront park. Miller Dawkins, head of the festival committee. The Mayor and I are going on vacation. Mayor Suarez: I propose the City Manager for chairman of the Downtown Development Authority. Vice Mayor Plummer: Yes. Commissioner Dawkins:. You know, I think Mr. Mayor, I think those individuals' who have been in these positions have done a tremendous job keeping us aware, and I'd move that we: keep them all, right there. Vice Mayor Plummer: What? w Mayor Suarez: So moved. ,> .777 I 3 j{ f ; t E.� Vice Mayor Plummer: Yes, thanks, What are we going to do about the others now? You know, because one thing in this life I don't need is more meetings, I mean, and there is a lot of other committees, Mayor Suarez: ITB. Don't relinquish ITB, it's going well. Vice Mayor Plummer: It's going extremely well. Mayor Suarez: What else? Vice Mayor Plummer: Well I don't know what else, they were supposed to give us a list. Mayor Suarez: DDA, I am inclined, if it wasn't state law, to have a rotating system for that, but... - „, Vice Mayor Plummer: No, no, no. You should be DDA. Commissioner Dawkins: No, you've got to remain in DDA. We haven't got a d problem there. Mr. Odio: You have the... Commissioner Dawkins: And while we are on this, I'm going to make all of you aware, because I want the press to know. I am going to be a party of one, to sit at every Off -Street Parking meeting, to be there. _ Vice Mayor Plummer: Can you afford the parking fees? Commissioner Dawkins: Well, I'm going to get permission from the college, and — walk over. Vice Mayor Plummer: OK. Commissioner Dawkins: But I want you to know, my fellow Commissioners, that I will be fighting for a Black to head DDA when Mr. Mulvena leaves. I tried to get a deputy, and I've never gotten one... Mayor Suarez: The Off -Street Parking Authority. Commissioner Dawkins: ... so the Off -Street Parking, I'm going to be - fighting, and I am going to make a recommendation to them, give them three names for them to choose from, and I would need your support up .here. Vice Mayor Plummer: All right, we've got one more item. Let's go home. y Commissioner Dawkins: What is it? - Mayor Suarez: What's item sixty? Mr. Fernandez: But what did you do then with fifty-seven? Vice Mayor Plummer: Which one was fifty-seven? Mayor Suarez: -Do we need that in the form of a motion, to reappoint the two board?... Commissioner Dawkins: So moved. Mr. Fernandez: Yes, it's officially... Commissioner De Yurre: It's a review thing, you just keep it going. Vice Mayor Plummer: We are already reviewing. Mayor Suarez; Moved and seconded by Commissioner De Yurre. The chair moves s ' that debate is close , and we re going to vote on it. = Commissioner Dawkins; Thank you. Commissioner De Yurre: OK, call the roil. r C 219 p February 14+ d # - r r 0 Vice Mayor Plummer: I guess I've seconded it. Mayor Suarez: Call the roll. Mayor Suarez: Did you want to address that, John? Mr. John t Sixty, Mayor Suarez: OX. „3 Mr. Odio: Wait, wait. We need that resolution I am told, on fifty-eight. Mayor Suarez: Wait, wait. Call the roll on that motion, please. k The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 91-158 A RESOLUTION REAPPOINTING COMMISSIONER VICTOR H. DE YURRE CHAIRPERSON OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM OF OFFICE EXPIRING ON FEBRUARY 14, 1992. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 91-158.1 A RESOLUTION CONFIRMING COMMISSIONER J.L. PLUMMER, JR. AS THE CITY OF MIAMI'S REPRESENTATIVE ON THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM OF OFFICE EXPIRING ON JUNE 30, 1992. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 91-158.2 A RESOLUTION REAPPOINTING COMMISSIONER J.L. PLUMMER, JR. AS MEMBER AND CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD EFFECTIVE JUNE 30, 1991, FOR A TERM OF OFFICE EXPIRING ON JUNE 30, 1992. (Here follows body of resolution, omitted here and on = file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins - Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. t; ABSENT: Commissioner Miriam Alonso. Y, 21 rebrum 14# 1991 4 70. (Continued Discussion) SET CITY'S FUNDING PRIORITIES FOR THE 1991 LEGISLATIVE SESSIONa (a) CURTIS PARK RESTORATION; (b) ROBERTO CLEMENTE PARK CLUBHOUSE ACTIVITY CENTER/DAYCARE CENTER; (c) CIP FUNDING TO w_ PROVIDE ENLARGEMENT OF DAYCARE CENTER IN HADLEY PARK (ESPECIALLY EARMARKED FOR HANDICAPPED DAYCARE); (d) SATELLITE PRIMARY HEALTH CARE CENTER FOR HAITIAN COMMUNITY; (e) CIP FUNDING FOR GROVE AVENUE PARK; (f) WYNWOOD TRADE ZONE; AND (g) LAW ENFORCEMENT CONCERNING DRUGS (together with the two listed in label 34). ------------------------Y-_------------=--------------------------r---------- �= Mayor Suarez: Mr. Manager, you wanted an item? - before item sixty? Mr. Odio: I am told that we need a resolution on fifty-eight, that's the legislative packet. "- Commissioner De Yurre: I also wanted to give priority to getting funding for Curtis Park. Vice Mayor Plummer: From this? Commissioner Dawkins: Wait. Vice Mayor Plummer: Why not? - you should. Commissioner Dawkins: Hold it, I've got my legislative list here, bear with me. Vice Mayor Plummer: With all the turkeys up there. Mayor Suarez: All right item fifty-eight. We will be to sixty in a second. Now, I finally understand what they are trying to tell me. That we have not handled item fifty-eight, because there was only just some item that Commissioner Alonso wanted in the morning, and now we must take those into account. Vice Mayor Plummer: Why don't we do it like we have done and the past, that each Commissioner take their five top, and surrender it to the Manager, and then they go from there, outlining which is in priority? Each Commissioner has his priority, one, two, three, four, and five, and then the Manager... Mr. Odio: I just want to warn you what... Commissioner Dawkins: OK. Well, I'm going to give him four here, he can prioritize them any way he wants. Mr. Odio: OK. Commissioner Dawkins: I'd like to read them so everybody can understand. My number one is, in Roberto Clemente Park, we require money from the State to build a clubhouse/activity center, which will be managed by the City of Miami, which also could be used as a daycare center, and et cetera. Two, capital improvement money to provide in Hadley Park the enlargement of a daycare center, which again, we can handle daycare children, and handi... but I want r it especially earmarked for handicapped daycare. The third is a satellite ;- primary health care center, should be established in the Haitian community. Once it's established, we should work out an agreement for primary health care with the Family Health Center. And four, would be capital improvement at the Grove, at Grove Avenue Park. Those are... Mayor Suarez: OK, the four items by Commissioner Dawkins are incorporated into our legislative priorities. Vice Mayor Plummer is going to submit his in writing. Vice Mayor Plummer: The two I have that I can give you right off the bat, is �L_ .-..._..._,.a rP - A- 7.,.,e the f„ A Ono fvnm the States_ and the nthar i a _ anv and Mr. Odio. I will ask you.. we will need to.. , I think we are all going to need all of you to try to stop what the federal government and the State are cooking up, that's to divert the GDSG funds through the State. That's coming up this year, and it's something that... Vice Mayor Plummer; Well, that could... let me tell you something, that could be good, and it can be bad. As I understand, what the feds are trying to do, is to give fourteen billion into the states to administer. Now, how much is the State of Florida getting, and how much of that are we going to get, is what we've got to know before we go fighting. Mr. Odio: Well, we are trying to find out that formula, because we could very well be... Vice Mayor Plummer; How many more turkeys are they going to have. Mr. Odio: That's right. Mayor Suarez: All right. Build that into a motion to incorporate all as stated... Commissioner De Yurre: Curtis Park, you've got mint: also. Mayor Suarez: ... initiatives, including Curtis Park, as legislative priorities, and call the roll on that motion, please - made by Commissioner Dawkins, and seconded by Commissioner De Yurre. Mr. Fernandez: Which would be actually a resolution, not a motion, Mr. Mayor. Mayor Suarez: Resolution, thank you. And I'm sorry, and incorporating also, the two we were given in the morning by Commissioner Alonso. Mr. Fernandez: Yes. Mayor Suarez: Two, was it? Mr. Fernandez: Yes, two by Commissioner Alonso. Mayor Suarez: All right, please, call the roll. Mr. Fernandez: As well as the rest of the packet that's included in your agenda. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-159 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING PRIORITIES AMONG ITS CONCERNS FOR THE UPCOMING STATE LEGISLATIVE SESSION DEALING WITH THE ISSUE OF STATE LEGISLATIVE FUNDING FOR CITY PROJECTS AS CONTAINED IN THE 68-PAGE PACKET OF MATERIALS PRESENTED THIS DATE BY THE CITY MANAGER FOR COMMISSION CONSIDERATION AND FURTHER DECLARING ITS CONCERNS AS EXPRESSED IN CITY COMMISSION MOTION NO. 91-129, ADOPTED THIS DATE, AND AS EMPHASIZED BY THE CITY COMMISSION DURING ITS CONSIDERATION OF THIS ITEM (#58) AT THE COMMISSION MEETING THIS DATE, AS FOLLOWS: 1. CURTIS PARK RESTORATION PROJECT FUNDING; 2. ROBERTO CLEMENTE PARK CLUBHOUSE ACTIVITY CENTER/DAYCARE CENTER PROJECT FUNDING; 3. CAPITAL IMPROVEMENT PROJECT FUNDING TO PROVIDE ENLARGEMENT OF DAYCARE CENTER IN HADLEY PARK, ESPECIALLY EARMARKED FOR HANDICAPPED DAYCARE; 4. FUNDING FOR SATELLITE PRIMARY HEALTH CARE CENTER TO BE ESTABLISHED IN THE CITY'S HAITIAN COMMUNITY; 5. CAPITAL IMPROVEMENT PROJECT FUNDING FOR GROVE AVENUE PARK DEVELOPMENT PROJECT; 6. WYNWOOD TRADE ZONE FUNDING AND IMPLEMENTATION; AND 7. FUNDING THE LAW ENFORCEMENT ACTIVITY DEALING WITH THE DRUG PROBLEM IN THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins - Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. 71. DIRECT ADMINISTRATION TO DRAFT A PROPOSED PLAN DESIGNATING TWO SEPARATE VENDING DISTRICTS: (a) ONE FOR THE MIAMI ARENA, (b) ONE FOR BAYFRONT AND BICENTENNIAL PARKS. ------------------------------------------------------------------------------ Vice Mayor Plummer: Let's go home. — Mayor Suarez: Item sixty, and last item. Commissioner De Yurre: On number sixty, Mr. Mayor, what I would like to do is, since we have a pressing problem with the vendors around the Arena, is to direct the administration to prepare a plan, a district, for that area that can be brought before the Commission for... Vice Mayor Plummer: Well, OK. I am fully in favor of that, but I would also like that plan to include one of the things that's killing us in Bayfront Park, is every time we have something there, we have more vendors that are taking our revenue away, which is the same problem that you are having there, and I would like that plan to be included for the Bayfront Park, as far as the prohibition of vendors within a certain area. Commissioner De Yurre: All right, well do... I'll do a separate district then for... Vice Mayor Plummer: A separate district, yes, but the same plan. �s 221 February 14, 1991 � Commissioner De Yurre: The same concept. Mr. Odio: Commissioner, we had one that we brought to you for the Orange Bowl, it's already... we can bring you a a copy of that, and let you look at that. Commissioner De Yurre: No, but you have to look at the physical location... Mr. bdio: Right. Commissioner De Yurre: ... to see how we are going to space them, and where we can... w= Vice Mayor Plummer: Well, I'll tell you, I don't think you need to do that. In my estimation, we need to make a four block area around the Arena, prohibited from vendors and 1ik wi th f $ e s e same, rom ayf rout Park and = Bicentennial Park. That's easy to do. Are we empowered to do that! Mr. Fernandez: Yes. As to vending, you may go all the way from prohibiting it altogether, to regulating, whichever way you... Vice Mayor Plummer: Victor, I mean, would you want anything else? Commissioner De Yurre: Just to come back with a plan. But again... Vice Mayor Plummer: Well, give the plan now. - Commissioner De Yurre: No. I think we have to... we need to have ... I am not in a position to take all the vendors out of there, I just need to put in some order, that there aren't that many. Vice Mayor Plummer: OK. As long as the same time, they come back with a plan around Bayfront and Bicentennial. Commissioner De Yurre: That's fine. So moved. Vice Mayor Plummer: Second. Mayor Suarez: So moved and second. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-160 A MOTION DIRECTING THE ADMINISTRATION TO DRAFT A PROPOSED PLAN DESIGNATING TWO SEPARATE VENDING DISTRICTS: (a) ONE FOR THE MIAMI ARENA, (b) ONE FOR BAYFRONT AND BICENTENNIAL PARKS. Upon being seconded by Vice Mayor Plummer,the motion was passed and f adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES; ABSENT: None. Commissioner Miriam Alonso. 222 �2. CLARIFYING COMMENTS CONCERNING PRIOR APPOINTMENT TO CODE ENFORCEMENT BOARD. Mayor Suarez: Yes, you didn't get your say, that's resolved? Unidentified Speaker: Is this coming back? Mayor Suarez: By the way, Mr. Wilkins, today, the saying of "he who hesitates is lost" I think that's what the saying says, to... Commissioner Dawkins: Are you adjourning? Mayor Suarez: . yes, I am about to adjourn... took place because there was an important appointment up, and I knew that you guys were interested, and I went ahead and appointed Mr. McBride. We are adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:57 P.M.