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CC 1991-03-14 Minutes
MIAMI�� � n INCORP ORATEI/ / • 96 OF MEETING NEU ON MARCH 14, 1991 REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK I CITY HALL k.. r f. 6' INDNX MINUTES OF REGULAR M89TING MARCH 14, 1991 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. CONSENT AGENDA DISCUSSION 2-6 3/14/91 1.1 AUTHORIZE PURCHASE OF ONE DICTAPHONE R 91-182 7 5602 DUAL TRANSPORT RECORDER (INCLUDING 3/14/91 ACCESSORIES) FROM THE DICTAPHONE CORPORATION, FOR NEW POLICE SUBSTATIONS REQUIRING E-911 TELEPHONE RECORDING CAPABILITIES. 1.2 RESCIND PREVIOUS AWARD TO ARTHUR LAWN R 91-183 7 SERVICE, FOR FURNISHING GROUNDS 3/14/91 MAINTENANCE SERVICES FOR 10 CITY PARKS (Resolution 89-502) - APPROVE AWARD OF RESCINDED CONTRACT TO: (a) J.R. ALVAREZ LAND CLEARING, AND (b) J.W. MAINTENANCE. 1.3 ACCEPT BID:.A & C CONTRACTORS, INC., R 91-184 8 FOR CITYWIDE COURT RENOVATIONS: -3/14/91 _— WAINWRIGHT PARK (B-2997), PEACOCK PARK (B-2948-A), AND REEVES PARK (B-2948-B). 1.4 ACCEPT BID: EBSARY FOUNDATION COMPANY, R 91-185 8 FOR SEWELL PARK SHORELINE ENHANCEMENT 3/14/91 PROJECT (B-2939). 1.5 RESCIND RESOLUTION 90-343, WHICH R 91-186 8-9 AUTHORIZED CONTRACT BETWEEN CITY AND Y 3/14/91 AND W ROOFING AND REMODELLING, INC. -_ ACCEPT BID OF JORGE LARRAURI, G.C., FOR SIMPSON PARK BUILDING RENOVATIONS PROJECT (B-2956). 1.6 EXECUTE A BISCAYNE BOULEVARD AGREEMENT R'91-187 9 BETWEEN STATE OF FLORIDA DEPARTMENT OF 3/14/91 TRANSPORTATION AND _ THE CITY, WHICH DESIGNATES SIDEWALK PORTION OF BISCAYNE BOULEVARD (STATE ROAD 5) BETWEEN MIAMI RIVER AND N.E. 24 STREET - FOR CITY'S ASSUMPTION OF LIABILITY /k RESPONSIBILITY FOR INSPECTION OF CONSTRUCTION AND MAINTENANCE. 1.7 RATIFY AUTHORIZATION OF PROFESSIONAL R 91-188 9 AND LEGAL SERVICES TO BE RENDERED. BY 3/14/91 HOLLAND AND, KNIGHT, FOR PROJECTS IN SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT DISTRICT. 1.6 AUTHORIZE PROFESSIONAL SERVICES R 91-189 AGREEMENT (PSA) WITH ARTHUR ANDERSEN 3/14/91 AND COMPANY (CERTIFIED PUBLIC ACCOUNTANTS), TOGETHER WITH BUSTAMANTE, NUNEZ AND MANRARA, TO ANALYZE FINANCIAL VIABILITY OF RESPONSE TO RFP CONCERNING SOUTHEAST OVERTOWN / PARK WEST BLOCKS 45, 55 AND 56 UNIFIED DEVELOPMENT PROJECT. 1.9 EXECUTE AGREEMENT WITH METRO-DADE R 91-190 COUNTY TO PROVIDE $15,000 GRANT AS 3/14/91 CITY'S CONTRIBUTION TOWARDS CONSTRUCTION OF A DOMINO KIOSKO FOR SENIOR CITIZENS AT METRO'S EUGENIO MARIA DE HOSTOS WYNWOOD ELDERLY CENTER. 1.10 AUTHORIZE ISSUANCE OF RFP FOR PROVISION R 91-191 OF MANAGING BOND UNDERWRITING 3/14/91 SERVICES - APPOINT SELECTION COMMITTEE. 1.11 ESTABLISH SPECIAL CHARGES FOR USE OF R 91-192 BOBBY MADURO MIAMI BASEBALL STADIUM BY 3/14/91 VIOLETTE ATHLETIC CLUB, FOR AMATEUR SOCCER GAMES. 1.12 ESTABLISH SPECIAL CHARGES FOR USE OF -R 91-193 BOBBY MADURO MIAMI BASEBALL STADIUM BY 3/14/91 LIGA DEPORTIVA ESTUDIANTES DEL GUAYAS, INC., FOR AMATEUR SOCCER GAMES. 1.13 AUTHORIZE CITY ATTORNEY TO INITIATE R 91-194 LEGAL PROCEEDINGS AGAINST JASPER AND 3/14/91 MARY SWEET (d/b/a JASPER PAINTING SERVICE, INC.), TO RECOVER LOAN FROM MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM ($39,793.21). 1.14 AUTHORIZE REPLACEMENT OF CITY OF MIAMI STREET AND HIGHWAY IMPROVEMENT GENERA OBLIGATION BONDS ($5,000), T SUBSTITUTE LOST BONDS. 1.15 1.16 1.17 1.18 1O r 6 F 1 10 11 11 11-12 12 R 91-195 12 L 3/14/91 0 ACCEPT 13 DEEDS OF DEDICATION FOR R 91-196 12 HIGHWAY PURPOSES. 3/14/91 RATIFY EMPLOYMENT OF BAKER AND MCKENZIE R 91-197 13 AS COUNSEL BEFORE U.S. BANKRUPTCY COURT 3/14/91 CONCERNING: MCNEW MARINE CONSTRUCTION, INC. (Case No. 91-10003-BKC-RAM). ALLOCATE COMPENSATION TO SPECIAL R 91-198 13 COUNSEL FOR: (a) CODE ENFORCEMENT BOARD 3/14/91 ($18,000), AND (b) CIVIL SERVICE BOARD ($18,000). APPROVE REQUEST FROM GREATER MIAMI R 91-199 13-14 RUNNING ASSOCIATION FOR USE OF 3/14/91 DESIGNATED STREETS IN COCONUT GROVE _ DURING: LAW DAY RUN. APPROVE REQUEST BY DADE COUNTY CHAPTER R 91-200 14 OF FLORIDA INSTITUTE OF CERTIFIED 3/14/91 PUBLIC ACCOUNTANTS, IN CONJUNCTION WITH SPLIT SECOND TIMING, INC., FOR PARTIAL USE OF DESIGNATED STREETS IN COCONUT GROVE DURING: C.P.A. 1040K RACE AND WALK. 1.20 APPROVE REQUEST BY MARCH OF DIMES BIRTH R 91-201 14 DEFECTS FOUNDATION FOR USE OF 3/14/91 DESIGNATED STREETS IN COCONUT GROVE DURING: MARCH Or DIMES WALK AMERICA VALXATHON. 1.21 APPROVE REQUEST BY JUNIOR LEAGUE OF R 91-202 15 GREATER MIAMI, INC., FOR PARTIAL USE OF 3/14/91 DESIGNATED DOWNTOWN STREETS DURING., 1991 MIAMI MAGIC PROGRESSIVE DINNER GALA. 1.22 CLAIM SETTLEMENT: LEONARD FRANK R 91-203 15 ($35o000). 3/14/91 1.23 ACCEPT PLAT: TROPIC GARDEN. R 91-204 15 3/14/91 1.24 ACCEPT PLAT: HUGHES ESTATES SECTION R 91-205 16 TWO. 3/14/91 1.25 AUTHORIZE WAIVER OF MAINTENANCE R 91-206 16 REQUIREMENTS FOR TENANCY OF VIRRICK 3/14/91 PARK AND ITS RECREATION BUILDING (REVEREND THEODORE GIBSON COMMUNITY CENTER) BY COCONUT GROVE FAMILY HEALTH CENTER, INC. - ALLOCATE $7,000 AS GRANT TO TENANT TO COVER COST OF ROOF REPAIRS. 2. ACCEPT PROPOSAL OF SOFTWARE CLEARANCE R 91-207 17-18 HOUSE, FOR USE OF EZSPEC/DARGAL ADHOC 3/14/91 REPORTING SOFTWARE. 3. DISCUSSION CONCERNING PROVISION OF DISCUSSION 19-30 PREPAID LEGAL INSURANCE PROGRAM FOR 3/14/91 CITY EMPLOYEES (Request Manager to bring this matter back at next meeting.) 4. (A) RECONSIDER ORDINANCE 10842, WHICH M 91-208 31-40 AMENDED 10794 TO FORMALIZE COMMISSION ORDINANCE ACTIONS AND IMPLEMENT OTHER AMENDATORY 10852 CHANGES (Tax anticipated notes) TO THE DISCUSSION ANNUAL APPROPRIATIONS ORDINANCE FOR FY 3/14/91 190-91 (Ordinance immediately reconsidered, passed and adopted as 10852). (B) SECOND READING ORDINANCE: AMEND ANNUAL APPROPRIATIONS ORDINANCE (10794) - FORMALIZE COMMISSION ACTIONS IMPLEMENT OTHER AMENDATORY CHANGES FOR FY 190-91. (C) DISCUSSION CONCERNING VA" ADMINISTRATION'S PROPOSED STRATEGIES TO MEET BUDGET SHORTFALL AT BEGINNING OF YEAR. 5. PRESENTATIONS; PRESENTED 40 (A) KEY OF THE CITY TO HAITIAN MAYORS; 3114191 JEAN WALOMER SYLVESTRE, DR LUCARION JEAN-BAPTISTE, LYDIE PARENT, HARRY PRECIUS DESIEU, ULRICK THEME. (B) MARCH DESIGNATED: SAVE YOUR VISION MONTH. sm 4. 6. AUTHORIZE INTERLOCAL AGREEMENT BETWEEN R 91-209 40-43 CITY OF MIAMI, METROPOLITAN DADE 3114/91 COUNTY, CITY OF MIAMI BEACH, AND VILLAGE OF SAL HARBOUR, AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, 9` INC. - BUREAU TO CARRY OUT CONVENTION PROMOTIONS, BOOKING AND SALES ACTIVITIES - ALLOCATION OF $100,000 PER YEAR TO COME FROM METRO DATE TOURIST BED TAX FUND (See label 51). 7. EMERGENCY ORDINANCE: AMEND 10782 - ORDINANCE 44-49 INCREASE APPROPRIATION TO CAPITAL ..10853 5 PROJECT: SOUTHEAST OVERTOWN / PARK 3/14/01 WEST 7 AND 9 STREET MALLS BY $200,000 (FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN PROCEEDS). i 8. DISCUSSION CONCERNING REJECTION OF BID DISCUSSION 49-56 — PREVIOUSLY AWARDED TO P.N.M. 3/14/91 CORPORATION IN CONNECTION WITH PROPOSAL FOR SOUTHEAST OVERTOWN / PARK WEST 7 AND 9 STREET PEDESTRIAN MALLS (See label 14). 9. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 56 SECTIONS 54-109, 54-110, 54-111, 54-112 10854 AND 54-114 (STREETS, SIDEWALKS, 3/14/91 SIDEWALK CAFES) - REDEFINE CAFE ZONES - PROVIDE AUTHORITY TO WAIVE SIDEWALK CAFE PERMIT FEE - CLARIFY PERMIT APPLICATION FORM - ESTABLISH CRITERIA FOR PERMIT APPLICATION REVIEW. 10. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 57-58 CHAPTER 39, ARTICLE II (SIDEWALK AND 10855 STREET VENDORS) - ADD NEW SECTION 39- 3/14/91 17.3 - PROVIDE FOR ESTABLISHMENT OF RESTAURANT ARCADE VENDING ZONES - RESTRICT LICENSEES - ESTABLISH DESIGN CRITERIA AND REVIEW - PROVIDE FOR PERMITS, FEES, RULES, REGULATIONS AND APPEALS - AMEND SECTION 39-11 AND 39- 17(11). 11. SECOND READING ORDINANCE: ESTABLISH NEW ORDINANCE 58-59 SPECIAL REVENUE FUND: EMERGENCY SHELTER 10856 GRANT (FY 191) - APPROPRIATE $287,000 3/14/91 FROM U.S. DEPARTMENT OF HOUSING AND _ URBAN DEVELOPMENT (USHUD) 1991 _ EMERGENCY SHELTER GRANT. 12. FIRST READING ORDINANCE: AMEND 10782, ORDINANCE" 59 " INCREASE APPROPRIATION FOR: (a) FIRST READING GRAPELAND STORM SEWERS - PHASE I 3/14/91 ($500,000); (b) GRAPELAND STORM q. SEWERS- - PHASE II ($500,000); AND (c) CITYWIDE LOCALDRAINAGE PROJECTS - FY 191-192 ($1.0 MILLION) (FUNDS FROM E- STORM SEWER GENERAL OBLIGATION BONDS). 13. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 60 FIRST READING ORDINANCE TO ACCEPT GRANT 3/14/91 =- ($85,261) FROM DADE COUNTY SCHOOL BOARD, ESTABLISHING NEW SPECIAL. REVENUE . FUND: SCHOOL RESOURCE OFFICER PROGRAM. (See labels 15 & 18). 1 0. �Y 14, (Continued Discussion) RECONSIDER AND M 91-210 DEFER PROPOSED RESOLUTION ACCEPTING BID 3/14/91 OF P.N.M. CORPORATION CONCERNING PROPOSAL FOR SOUTHEAST O'VERTOWN / PARX WEST 7 AND 9 STREET PEDESTRIAN MALLS (Deferred to March 28th for consideration by full Commission) (See label 8). 15. (A) (Continued Discussion) FIRST ORDINANCE 63-68 READING ORDINANCE: ACCEPT GRANT FIRST READING ($85,261) FROM DADE COUNTY SCHOOL DISCUSSION fi BOARD, ESTABLISHING NEW SPECIAL REVENUE 3/14/91 FUND: SCHOOL RESOURCE OFFICER PROGRAM (See label 13.) (B) DISCUSSION CONCERNING WASTEFUL AND INAPPROPRIATE USE OF SWORN POLICE OFFICERS AS SCHOOL CROSSING GUARDS (See label 18). 16. EXECUTE INDIVIDUAL AGREEMENTS WITH R 91-211 68-69 SEVEN NEIGHBORHOOD ECONOMIC DEVELOPMENT 3/14/91 ORGANIZATIONS FOR PURPOSE OF CONTINUING - THE COMMERCIAL FACADE TREATMENT PROGRAM ` (Approved NEDOs: Allapattah Business ?: Development Authority, Coconut Grove Local Development Corp., Downtown Miami ' Business Association, Little Havana _ Development Authority, Martin Luther King Economic Development Corp., Tacolcy Economic Development Corp., and Wynwood Community Economic Development — i Corp.) 17. AUTHORIZE ISSUANCE OF RFP FOR R 91-212 69-71 MANAGEMENT, OPERATION AND MAINTENANCE 3/14/91 AGREEMENT OF BICENTENNIAL PARK CONCESSION. 18. (Continued Discussion) BRIEF COMMENTS DISCUSSION 71 CONCERNING UNNECESSARY USE OF SWORN 3/14/91 POLICE OFFICERS AS SCHOOL CROSSING GUARDS - REQUEST ADMINISTRATION TO FURTHER REPORT ON PRESENT USE OF SWORN - POLICE OFFICERS AT: (a) GATES OF POLICE - STATIONS, AND (b) AUTO POUND (See labels 13 & 15). 19. AUTHORIZE ISSUANCE OF RFP FOR R 91-213 72-73 MANAGEMENT, OPERATION AND MAINTENANCE 3/14/91 AGREEMENT OF PAUL WALKER PARK - CONCESSION. 20. PERSONAL APPEARANCE BY FORMER DISCUSSION 73-77 COMMISSIONER ATHALIE RANGE CONCERNING 3/14/91 ALLEGED DISCRIMINATORY PRACTICE BY MIAMI POLICE DEPARTMENT CONCERNING ISSUANCE OF TRAFFIC TICKETS TO CARS PARKED ALONGSIDE ATHALIE RANGE FUNERAL HOME (See label 57). 21. REAFFIRM RESOLUTION 88-56 9, WHICH R 91-214 77-78 k;;: APPROVED, IN PRINCIPLE, DEVELOPMENT OF 3/14/91 - AFFORDABLE HOME OWNERSHIP HOUSING ` PROJECT (52 UNITS) ON FERN ISLE NURSERY SITE BY ALLAPATTAH BUSINESS DEVELOPMENT ter' AUTHORITY - EXECUTE AGREEMENT FOR CONVEYANCE OF TRACT "C" - EXECUTE AGREEMENT BETWEEN CITY AND ALLAPATTAH ' BUSINESS DEVELOPMENT AUTHORITY, x: l:= iod "I Li i f 9 t e w l2. AUTHORIZE ISSUANCE OF $19,000,000 R 91-215 79-81 GENERAL OBLIGATION REFUNDING BONDS, 3/14/91 SERIES 1991 - FOR PURPOSE OF REFUNDING: (g) FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, (b) HOUSING BONDS, (c) SANITARY SEWER SYSTEM BONDS, (d) STORM SEWER IMPROVEMENT BONDS, AND (e) STREET AND HIGHWAY IMPROVEMENT BONDS (1083). 23. ACCEPT BID: SAULSBURY FIRE EQUIPMENT R 91-216 81 CORPORATION - FOR FURNISHING ONE 3/14/91 1 HAZARDOUS MATERIAL RESPONSE VEHICLE. 24. RATIFY MANAGER'S FINDING OF IMMEDIATE R 91-217 82 NEED FOR ACQUISITION OF LIGHT BARS WITH 3/14/91 SIREN AND SPEAKER ATTACHMENTS, AND CONVERSION KITS FOR MOUNTING LIGHT BARS AND PARTITIONS TO BE INSTALLED ON NEW 1991 CHEVROLET PURSUIT VEHICLES, FROM: PUBLIC SAFETY DEVICES. 25. RATIFY MANAGER'S FINDING OF IMMEDIATE R 91-218 82-84 NEED FOR ACQUISITION / INSTALLATION OF 3/14/91 DECALS FOR POLICE PURSUIT VEHICLES, FROM: TRIM —LINE OF MIAMI. 26. APPROVE AMENDED ADMINISTRATIVE BUDGET R 91-219 84-86 OF MIAMI SPORTS AND EXHIBITION 3/14/91 AUTHORITY FOR FY 1990-91. 27. DENY PROPOSED RESOLUTION AUTHORIZING M 91-220 86-87 SPONSORSHIP OF AN ENDOWED TEACHING 3/14/91 _ CHAIR FOR MIAMI—DADE COMMUNITY COLLEGE — CRIMINAL JUSTICE PROGRAM. 28. AUTHORIZE COSPONSORSHIP OF METRO—MIAMI R 91-221 88 ACTION —PLAN KINGLAN NON —VIOLENCE 3/14/91 WORKSHOP. 29. AUTHORIZE SPONSORSHIP OF ANNUAL R 91-222 88-89 TRAINING CONFERENCE OF NATIONAL 3/14/91 ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES. 30. AUTHORIZE SPONSORSHIP OF 1992 TRAINING R 91-223 89-90- CONFERENCE OF INTERNATIONAL ASSOCIATION 3/14/91 OF WOMEN POLICE. 31. AUTHORIZE FUNDING OF A CAREER CRIMINAL R 91-224 90 a. PROGRAM. 3/14/91 32. (A) REQUEST ADMINISTRATION TO PROVIDE DISCUSSION 90-96 COMMISSION WITH INFORMATION CONCERNING 3/14/91 FUNDING FOR THE OFFICE OF PROFESSIONAL COMPLIANCE AND USE OF LAW ENFORCEMENT TRUST FUND. f' �.. (B) PERSONAL APPEARANCE BY MANUEL GONZALEZ: STATEMENT CONCERNING ALLEGED POLICE BRUTALITY. f. ` 33. AUTHORIZE USE OF CITY FORCES TO R 91-225 96-97 CONSTRUCT LOCAL DRAINAGE FACILITIES AT: 3/14/91 (a) S.W. 14 STREET BETWEEN S.W. 31 AND — 32 AVENUES, (b) S.W. 18 STREET BETWEEN -. S,W. 22 AND 23 AVENUES, AND (c) N.W. 68 TERRACE BETWEEN N. MIAMI AVENUE AND N.W. 2 AVENUE - ESTABLISH BUDGET ($160,000). li Si 34. ACCEPT BID, CENTRAL FLORIDA EQUIPMENT R 91-226 97 RENTAL OF DATE COUNTY, INC. (TOTAL BID 3/14/91 PLUS ALTERNATE "A")i FOR, (a) LAWRENCE " 4 _ WATERWAY HIGHWAY IMPROVEMENT PROJECT (B-4536), AND (b) LAWRENCE WATERWAY RETROFITTING PROJECT (B-5542). 35. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION 98 PROPOSED RATIFICATION OF MANAGER'S 3/14/91 FINDING OF EMERGENCY FOR REPAIR AND REPLACEMENT OF MECHANISMS OF ROLL -UP DOOR AT COCONUT GROVE EXHIBITION CENTER BYs A A SALES AND SERVICE (See label ' 46). 36. DISCUSS AND DEFER (to future meeting) DISCUSSION 99-102 CONSIDERATION OF A PROPOSAL BY U.S. 3/14/91 DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS, TO BUILD A BRIDGE i CONNECTING PROPOSED METROPOLITAN DETENTION CENTER TO FEDERAL COURTHOUSE. (Manager to review and come back with recommendations.) 37. BRIEF COMMENTS AND DEFERRAL OF PROPOSED DISCUSSION 102-103 APPOINTMENTS TO BAYFRONT PARK 3/14/91 MANAGEMENT TRUST. 38. PERSONAL APPEARANCE BY REINALDO DISCUSSION 103-108 MARTINEZ; DISCUSSION CONCERNING ALLEGED 3/14/91 CONFISCATION OF HIS MERCHANDISE (See label 39.1) 39. VICE MAYOR PLUMMER REQUESTS DISCUSSION 108 ADMINISTRATION TO INVESTIGATE RUMORS 3/14/91 _ THAT RECIPIENT OF A CITY LOAN (WYNWOOD SHOE STORE OWNER) HAS LEFT THE CITY _ (See label 54). 39.1 (Continued Discussion) CITY MANAGER DISCUSSION 109 RECAPS (IN SPANISH) FOR REINALDO 3/14/91 MARTINEZ COMMENTS MADE BY SOME MEMBERS OF THE COMMISSION REGARDING HIS ALLEGED CONFISCATED MERCHANDISE (See label 38). 40. DISCUSS AND REFER TO OFF-STREET PARKING M 91-227 109-110 BOARD, FOR THEIR CONSIDERATION, FUNDING 3/14/91 REQUEST FROM FLORIDA DANCE ASSOCIATION FOR USE FEE WAIVER AT GUSMAN CENTER FOR THE PERFORMING ARTS IN CONNECTION WITH: MIAMI RHYTHMS ON TAPS. 41. APPOINT INDIVIDUALS TO SERVE AS MEMBERS R 91-228 110-111 AND ALTERNATE MEMBERS OF THE 3/14/91 INTERNATIONAL TRADE BOARD (Appointed were; Carmen Lunetta, Hedy Nuraef, f Rick Elder, Robert Dobiecki) (See label 49). 42. APPOINT INDIVIDUAL TO SERVE AS ME.4i3ER R 91-229 111-112 OF THE MIAMI RIVER COORDINATING 3/14/91 COMMITTEE (Appointed was; Winston Hale). 43. DISCUSSION CONCERNING CITY -OWNED M 91--230 113-115 5 PROPERTY AT 236 SW NORTH RIVER DRIVE - 3/14/91 , INSTRUCT ADMINISTRATION TO ISSUE RFP AS . Ttl ; 4.1 TO POSSIBLE USAGE OF SITE. • t WN 44. AUTHORIZE PLACEMENT MOTTO DECALS ON R 91-231 115-116 SIDES OF POLICE PATROL VEHICLES 3/14/91 READING: PROFESSIONAI. LAW ENFORCEMENT. " 45. APPOINT INDIVIDUAL TO SERVE AS MEMBER R 91-232 116-117 "- 1- ¢' OF OFFICE OF PROFESSIONAL COMPLIANCE 3/14/91 ADVISORY PANEL (Appointed wast Tom Kallman). 46. (Continued Discussion) RATIFY R 91-233 117-118 t MANAGER'S FINDING OF EMERGENCY FOR 3/14/91 REPAIR AND REPLACEMENT OF MECHANISMS OF ROLL -UP DOOR AT COCONUT GROVE EXHIBITION CENTER BY: A A SALES AND 5 _ SERVICE (See label 35). -i i 47. WAIVE COMPETITIVE SEALED BID R 91-234 118-119 REQUIREMENTS AND RATIFY MANAGER'S 3/14/91 FINDING OF SOLE SOURCE - APPROVE ACQUISITION OF 1991 FLORIDA LAW ENFORCEMENT HANDBOOKS (1,150) FROM METRO-DADE POLICE DEPARTMENT. 413. RATIFY MANAGER'S EMERGENCY ACTION IN R 91-235 119-123 MODIFYING TERMS OF AGREEMENT FOR 3/14/91 PROVISION OF LABORATORY SERVICES BY TOXICOLOGY TESTING SERVICES, INC. - INCREASE AGREEMENT BY $35,421.11. 49. (Continued Discussion) MAKE FURTHER DISCUSSION 123 APPOINTMENT TO INTERNATIONAL TRADE 3/14/91 BOARD (Appointed was: Eladio Armesto, III. Commissioner De Yurre's second appointment to be forwarded in writing to the City Clerk.) (See label 41). 50. DISCUSSION CONCERNING FUNDING REQUEST DISCUSSION 124-127 BY U.S. KARATE ASSOCIATION 3/14/91 " INTERNATIONAL, INC. REGARDING ITS WORLD CHAMPIONSHIP EVENT - SUGGEST THEY SEEK ASSISTANCE FROM GREATER MIAMI HOST COMMITTEE. ,r 51. (Continued Discussion) AT THIS POINT DISCUSSION 127 (That no one had come forward to oppose 3/14/91 _ earlier action taken) CITY COMMISSION RECONFIRMED APPROVAL OF INTERLOCAL AGREEMENT BETWEEN CITY"OF MIAMI, METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, AND VILLAGE OF'BAL-.HARBOUR, WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. - BUREAU TO CARRY OUT CONVENTION PROMOTIONS, BOOKING AND SALES ACTIVITIES - ALLOCATE $100,000 ANNUALLY FROM METRO DADE TOURIST BED TAX FUND (See label 6). 52. RESTRICT, PERMANENTLY, VEHICULAR ACCESS R 91-236 128-129 (STREET CLOSURE) TO N.W. NORTH RIVER 3/14/91 �'. DRIVE BETWEEN EASTERLY SIDE OF INTERSECTION WITH N.W. 24 AVENUE AND ' WESTERLY SIDE OF INTERSECTION WITH N.W. 22 PLACE - APPROVE INSTALLATION OF TRAFFIC SIGNS. SS, BRIEF CO. DISCUSSIO TRAFFIC COCONUT i 58) • t tts zy I � 1 r �t 4ENTS AND TEMPORARILY TABLE DISCUSSION 129-130 CONCERNING INSTALLATION OF 3/14/91 tEGULATORY SIGNS IN NORTH: tQVE NEIGHBORHOOD (See label r ;41111i, �r S4. 55. 56. 57. (Continued Discussion) CITY MANAGER INFORMS COMMISSION THAT RUMORS CONCERNING ALLEGED DISAPPEARANCE OF WYNWOOD SHOE STORE OWNER AFTER SHE HAD BEEN GRANTED A LOAN FROM THE CITY WERE FALSE (See label 39), RECONSIDER RESOLUTION 91-177, WHICH DENIED APPEAL AND CONFIRMED ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION TO ALLOW CONSTRUCTION AND OPERATION OF EXTENDED CARE FACILITY FOR SUBSTANCE ABUSE CLIENTS AT 626 & 627-699 N.W. 11 AVENUE AND 1058-1089 N.W. 7 STREET (Deferred to future meeting). DISCUSSION WITH MEMBERS OF LATIN QUARTER AND LITTLE HAVANA MERCHANTS' ASSOCIATION CONCERNING CITY'S LOAN PROGRAM - REFER TO CITY MANAGER FOR POSSIBLE ASSISTANCE FROM MIAMI CAPITAL. (A) (Continued Discussion) CITY MANAGER'S RESPONSE TO FORMER CITY COMMISSIONER ATHALIE RANGE'S COMPLAINT CONCERNING ALLEGED DISCRIMINATORY PRACTICES BY MIAMI POLICE DEPARTMENT'S ISSUANCE OF TRAFFIC TICKETS TO CARS PARKED ALONGSIDE ATHALIE RANGE FUNERAL HOME - CONFIRMS THAT ONLY WARNINGS ARE TO BE ISSUED PENDING COMPLETE ASSESSMENT OF THE SITUATION (See label 20). (B) CLARIFYING COMMENTS CONCERNING NON -TICKETING OF CARS PARKED IN FRONT OF LIQUOR STORE IN SAME AREA. 58. Continued Discussion) DISCUSS AND DEFER PROPOSED INSTALLATION OF TRAFFIC (..' REGULATORY SIGNS IN NORTH COCONUT GROVE (Deferred to May 9th) (See label 53). 59. DISCUSS AND DEFER PROPOSED REMOVAL OF TRAFFIC SIGNAL AT INTERSECTION OF BAYSHORE DRIVE AND 17 AVENUE. 60. DISCUSSION REGARDING MIAMI ARENA AND THE MIAMI HEAT - REQUEST ADMINISTRATION TO OBTAIN FROM THE, MIAMI HEAT DATA CONCERNING ITS MINORITY PARTICIPATION. DISCUSSION 3/14/91 R 91-237 3/14/91 13 131-133 x; DISCUSSION 133-135. 3/14/91 _DISCUSSION 136-138 `t 3/14/91 M 91-238 138-144 3/14/91 DISCUSSION 145 3/14/917- DISCUSSION 146-160 3/14/91 4; 16 r .Yf 1 3 f4 i 1 �tr Y §. �y•m'�y�a''Ng MINUTES OF 99OULAR MEETING OF THE a CITY COMMISSION OF MIAMI, FLORIDA �f On the 14th day of March, 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 9:02 a.m. by Vice Mayor J. L. Plummer, Jr. with the following members of the Commission found to be present: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. ABSENT: Mayor Xavier L. Suarez ALSO PRESENT: ' Cesar Odic, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk 8 An invocation was delivered by Commissioner De Yurre. Commissioner Alonso then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: At this point, Agenda items 14 and 41 were deferred, and the following items were withdrawn: CA-5, CA-13, as well as regular items 2, 27, 28, 30 and 43. --------------------------------------------- ---------------------- r- NOTE FOR THE RECORD: On a motion duly made by Commissioner Dawkins and seconded.- by""- Commissioner Alonso, the minutes of Regular Commissioner meeting of January 10 and Planning & Zoning meeting of January 24, 1991, were approved by the Commission. -----------------------------------------,---- 1 0 1. CONSENT AGENDA -------------------- ---------------------,....— -- —-----------..---..---....-----�.�—y... ------------ I P Vice Mayor Plummer: OK. Consent agenda. Will the items pulled of CA-2 and 13, does any Commissioner request - excuse me? Mr. Odio: CA-5. Vice Mayor Plummer: Five, OK. What the hell is that? Commissioner Dawkins= Five is withdrawn, it's not pulled. Vice Mayor Plummer: Right, OK. Well, wait a minute, excuse me. Are we saying then, is CA-2 withdrawn? Commissioner Dawkins: No, no, just pulled for discussion. Vice Mayor Plummer: For discussion. And CA-13 pulled or for discussion? Commissioner Dawkins: I don't know. I don't have anything to do with 13, I don't think. Let's see now. Now, I might have. Commissioner Alonso: It's withdrawn by the administration. Commissioner Dawkins: Thirteen? Vice Mayor Plummer: City Manager,. in reference of permit to Bernard Fortier. Commissioner Dawkins: That's Fortier. Vice Mayor Plummer: Fortier. In Morningside Park. That's withdrawn, Mr. Manager? Jorge Fernandez, Esq.: Yes. Mr. Odio: Commissioner Dawkins has requested... Commissioner Dawkins No, no, put it in. �v Vice Mayor Plummer: Put ,it in. So then, in effect, we're only pulling ,CA-5. Commissioner Dawkins: No, we're withdrawing CA-5 and pulling CA- 2 for discussion. k. Vice Mayor Plummers- Yes, OK. - All right, does any, other Commissioner wish any other items in the consent agenda to be withdrawn,or for purposes ,of discussion?, Hearing none, do -I hear a;motion to approve all of the rest? +;a Commissioner Alonsos I so move. Mr.; Fernandez; There's some minor corrections that need to be made in number six. 7 Commissioner Dawkins: Well, why, didn't you say that before we - moved? -= Vice Mayor Flummers Go ahead, Mr. City... Mr.. Fernandez: Because they're just very minor, they' a re411 typographicala and consent agenda number 6... Commissioner Aawlcinas OK, go ahead, sir. �ad r h z as = t,March 14, -f ¢ rtir 4 Mr. Fernandez: ...the director of Public Works,.. Dr. Luis Prieto: Yes. Mr. Fernandez: ...would like for me to announce that on the title of that resolution, there is a typographical error where really the name should be Ebsary rather than the name that appears on it. Vice Mayor Plummer: You mean, the... Commissioner Alonso: Which one? Commissioner Dawkins: Say what now? Mr. Fernandez: Consent agenda item number six... Commissioner Dawkins: Uh huh. Commissioner Alonsb: Uh huh. Mr. Fernandez: ...Mr. Prieto. Vice Mayor Plummer: Are you saying instead of the bid going to A & C Contractors, it's going to another firm? Mr. Fernandez: Correct. Mr. Prieto: Ebsary, yes, sir. Commissioner Dawkins: What is the firm? Mr. Prieto: Ebsary Foundation Corporation. Vice Mayor Plummer: How is that spelled? A... Mr. Prieto: E-B-S-A-R-Y. `i Commissioner Dawkins: And who are they?. Mr. Prieto: They're a construction company that specializes in marine construction. They're the ones that built pier five for US. Commissioner Dawkins: Where are they located? Mr. Prieto: They're located in the City of Miami. They.' re in the Miami River, right next to the 22nd Avenue .bridge. Commissioner Dawkins: OK. That's all Mr. City Attorney. Mr. Fernandez: Then also, on consent agenda item number 9, the Zz source of funding has been misidentified by one number, so there is a correction that needs to be made on the source of funding -to reflect appropriately that it should be, the. number should -be 689, rather than 688. So, it's a minor technicality, but the,: record should appropriately reflect that. And also,. Mr Vice Mayor, on consent agenda item number 13, the, Law .Department -fie not ready to proceed with that ,one. So I want to make sure that you have pulled that one. Vice Mayor Plummer; Commissioner Dawkins, did you hear that On 130he wishes for it to be pulled, not for discussion, but to be pulled. Do you concur? Oommieaioner Dawkins: You. Vice Mayor Plu=nmor: OK., L2 f Oo Amissione:r Dawkins: Further, under diecuseion, Mr. Vice 14A�yo�', � $4,roiry k S k Y 1: Mice Mayor Plummer: Yes, sir. Commissioner Dawkins: Why is it, from somebody... Me. Hirai: Commissioner, your mike is not on, please. Commissioner Dawkins: OK. E t Ms. Hirai: Thank you. Commissioner Dawkins: Why is it, from somebody over there, on { all of these bids you got a base bid of one figure, then you come back and tell me "X" dollars to cover estimated expense. What. . I mean, either it costs two "X" dollars to do the job or it costs one "X" dollar to do the job. So how can you keep putting this... why do we do this? Mr. Odio: That was done at the request of Commissioner Plummer that at one time said that he never knows what the estimated... see, before you go out on bids, Commissioner, you have to estimate what we think the job is going to cost. And then we see... then we can gauge how we came in according to our j projections. That's why you put estimated cost in here. r. Commissioner Dawkins: Well, then... no, no, well see, then is Commissioner Plummer's question is not being answered. k'. Mr. Odio: Yes, we're saying... Commissioner Dawkins: No, if the estimated cost is two "X" dollars, and you tell me that the bid was two "X" dollars, but we're going to make it three "X" anyway because we estimate that this extra expense will cost that. Mr. Prieto: I think I can clarify. There are two issues. The bid doesn't change, the bid is what the actual contractor submitted. What is called estimated project expenses, is estimated because inspection services occur after we start construction. Since that is down stream, we don't know how much we will spend on inspections and we're just estimating what those _ expenses will be. Once the project is finalized, say, six months downstream, we'll know exactly how much we spent. It could be less than this, or it could be roughly this. Commissioner Dawkins: All right, I'm not voting - me, personally - for any more contracts that's brought before this _ Commission with this kind of configuration. All right? I keep saying. over and over - and to me, this is a form of shop bidding- that one company bids "X" dollars and you put in extra dollars and then he comes and get change orders and he ends up spending the amount of money you got here, but the guy who originally bid and was low bid, he doesn't get the job because i this guy who bid it knew that he's going to be able to get the change orders, in my opinion. Now, this is my opinion. OK, I H can't prove that. But this guy can shop bid... I mean, he can come. in' and he'sgoing to get change orders and, therefore, the job". ' Now, some ° guy could have actually bid this job for the total amount of the bid, plus the estimated expenses. But he didn't get it because he was not the low bid, but yet we're going to come out spending that amount of money. Vice Mayor Plummer: That's your prerogative. Before the vote { adopting items included in the consent agenda is taken, is there anyone present who is an objector or proponent that wishes toIX v speak on any item in'the consent agenda? r Commissioner De Yurre: Mr. Prieto... - Vice Mayor Plummer: Bearing none, the vote on the adoptJ* -' the consent agenda will... A� R s +4 Kuck 14, 49 s �Y Commissioner De Yurre: Now, these changes, are these new changes? -or just changes to the pricing? Mr. Prieto: No, sir, it does not change the contractor's bid price. Vice Mayor Plummer: Not at all. Mr. Prieto: It's the prices of the City's forces... Vice Mayor Plummer: Cost. Mr. Prieto: ...cost. And these are our inspectors, these are our costs. We don't.., Vice Mayor Plummer: That figure remains constant regardless of who the award is made to or who the bidders are. Commissioner De Yurre: Now, did they have to take... Vice Mayor Plummer: The City has, if you go down their line, the City has expense for advertising, for preparing the RFP, for the inspections. The City has a cost factor and the reason that I brought this up previously was, all. we were receiving was, in fact, the cost of the bid. And there was a hidden cost of City cost that we didn't know about and that's why I said to find out the true cost of what the project is, you have to take the bid, plus the City's out-of-pocket expenses, to bring that bid to a successful conclusion. Then you know what the total cost of the project is. Commissioner De Yurre: Now, the other bidders, did they factor these amounts into their bid? Vice Mayor Plummer: It has nothing to do with the bidders. That's our number. Commissioner De Yurre:. OK, so... Mr. Odio: No, Commissioner, it has.... this number, estimated number, has nothing to do... Commissioner De Yurre: So, it has nothing to do with the bidding process: Vice Mayor Plummer: Nothing: Mr. Odio: Nothing whatsoever. Mr. Prieto: Right. Vice Mayor Plummer: And that _number remains constant. y, Mr. Odio: Commissioner Plummer,.. Commissioner -De- Yurre: ;So .this is just for our own edification to know what the actual cost is.of a particular project. Mr. Odio: The actual,... Mr. Prieto: That's right. Vice Mayor''Piummers Exactly. Mr. Odio: Correct, air. The out-of-pocket cost to the contractor is the actual bid. l Commissioner Dawkins: Are you saying, air .. pardon me, Mr. Commissioner - that when we put out the bid, the bid includes what we figure to be the estimated cost as the; estimate including these hidden costa? W — ks Commissioner Dawkins: All right, so it's... Vice Mayor Plummer: See, it has nothing to do with the contractor, Miller. That has nothing to do with him. That is what in-house cost factors are for that particular project. And what I was saying is - just using hypothetical numbers - if a total cost of a project was $100,000, they were coming back with a bid at ninety, we didn't know that there was an additional $10,000 of City expenses which we then knew that the total cost of the bid was a hundred thousand. So, the bidders don't even know about that $10,000. That's none of their business. It's just so that we, the Commission, get a true... Commissioner Dawkins: But somebody may be bidding, J. L. - I don't even know, I'm not a contractor - but some contractor may bid and not knowing, unless you put on the bid that we got "X" dollars to cover these expenses, he may bid his bid expecting to have to pay these costs. Mr. Prieto: Oh, no, sir. Commissioner Dawkins: No, no, don't tell me no, no, no. See, he may just do that. Vice Mayor Plummer: He doesn't even know. Commissioner Dawkins: So, you need to put on the bid sheet that we have whatever you have here as money for unexpected expenses. And then I feel like J. L. Plummer, that's my prerogative - I feel that the person bidding has got a fair shot. That's all... Mr. Prieto: Just a simple clarification. We give them a form to fill out with "X" number of cubic feet of concrete and all the different things they have to do. They just fill out the price they will do for each. In that list, we don't include the engineering or the blueprint or the advertising or the testing. So it's almost very difficult for them to be led astray to put these charges in there. Commissioner Dawkins: OK, no problem. Mr. Prieto: OK, thank you, sir. s 1.1 AUTHORIZE PURCHASE OF ONE DICTAPHONE 5602 RECORDER (INCLUDING ACCESSORIES) FROM CORPORATION, FOR NEW POLICE SUBSTATIONS TELEPHONE RECORDING CAPABILITIES. RESOLUTION NO. 91-182 DUAL TRANSPORT THE DICTAPHONE REQUIRING E-911 # A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DICTAPHONE 5602 DUAL TRANSPORT RECORDER, INCLUDING ACCESSORIES UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 725-630-90-1 FROM THE DICTAPHONE CORPORATION AT A PROPOSED AMOUNT OF $34,515.00, THIS EQUIPMENT BEING NEEDED DUE TO NEW SUBSTATIONS BEING OPENED REQUIRING E-911 TELEPHONE RECORDING CAPABILITIES FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT BOND PROJECT NO. 312010 ACCOUNT CODE NO. 299401- 840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PURCHASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.2 RESCIND PREVIOUS AWARD TO ARTHUR LAWN SERVICE, FOR FURNISHING GROUNDS MAINTENANCE SERVICES FOR 10 CITY PARKS (Resolution 89-502) - APPROVE AWARD OF RESCINDED CONTRACT TO: (a) J.R. ALVAREZ LAND CLEARING, AND (b) J.W. MAINTENANCE. RESOLUTION NO. 91-183 A RESOLUTION RESCINDING THE PREVIOUS AWARD TO ARTHUR LAWN SERVICE FOR THE FURNISHING OF GROUNDS MAINTENANCE SERVICES AT TEN (1) CITY PARKS AND FACILITIES AND AUTHORIZING AND APPROVING THE AWARD OF SAID RESCINDED CONTRACT TO THE SECOND LOWEST RESPONSIBLE AND RESPONSIVE BIDDERS FOR EACH OF THE ABOVE — PARKS WHICH ORIGINALLY WERE PART OF THE BID UNDER RESOLUTION NO. 89-502, ADOPTED JUNE 7, 1989, TO PROVIDE GROUNDS MAINTENANCE — SERVICES AT FIFTY (50) CITY PARKS AND FACILITIES ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE YEAR PERIODS FOR THE DEPARTMENT OF PARKS AND RECREATION, WITH - REVISED AWARDS BEING MADE AS FOLLOWS: J. R. ALVAREZ LAND CLEARING (HISPANIC) FOR A TOTAL PROPOSED AMOUNT OF $52,608.00 AND J.W. MAINTENANCE (BLACK) FOR A TOTAL PROPOSED = AMOUNT OF $55,178.00 FOR A GRAND TOTAL PROPOSED AMOUNT OF $107,786.00; ALLOCATING FUNDS THEREFOR FROM FY '90-91 OPERATING BUDGET, ACCOUNT CODE NO. 580302-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND AUTHORIZING THE CITY MANAGER THEREAFTER TO EXTEND THESE CONTRACTS UPON THE SAME TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF Vie. FUNDS. (Here follows body here and on file in Clerk.) of resolution, omitted the Office of the City< 1 .a a'; 1.3 ACCEPT BID: A & C CONTRACTORS, INC., FOR CITYWIDE COURT RENOVATIONS: WAINWRIGHT PARK (By2997), PEACOCK PARK (B-2948- A), AND REEVES PARK (B-2948-B). RESOLUTION NO. 91-184 A RESOLUTION ACCEPTING THE BID OF A & C CONTRACTORS, INC., IN AN AMOUNT NOT TO EXCEED $40,721.00, BASE BID OF THE PROPOSAL, FOR CITYWIDE COURT RENOVATIONS* WAINWRIGHT PARK B-2997, PEACOCK PARK B-2948-A, REEVES PARK B-2948-B; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE N0, 10782, PROJECT NO. 331329, IN THE AMOUNT OF $14,911.00 AND PROJECT NO. 331318, IN THE AMOUNT OF $25,810.00 TO COVER THE CONTRACT COST; AND $2,755.72 AND $4,844.68 RESPECTIVELY TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL OF $48,321.00; AND AUTHORIZING THE CITY MANAGER f TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.4 ACCEPT BID: EBSARY FOUNDATION COMPANY, FOR SEWELL PARK SHORELINE ENHANCEMENT PROJECT (B-2939). RESOLUTION NO. 91-185 A RESOLUTION ACCEPTING THE BID OF EBSARY FOUNDATION COMPANY, IN AN AMOUNT NOT TO EXCEED $25,800.00, BASE BID OF THE PROPOSAL, FOR SEWELL PARK SHORELINE ENHANCEMENT PROJECT B-2939; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91 ' CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 331304, IN THE AMOUNT OF $25,800.00 TO COVER THE CONTRACT COST; AND $15,430.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL OF $.41,230.00;. AND AUTHORIZING THE CITY MANAGERTO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the. City Clerk.`) 1.5 RESCIND RESOLUTION.90-343, WHICH AUTHORIZED` CONTRACT BETWEEN CITY AND Y AND W ROOFING AND REMODELLING, INC. - ACCEPT BID OF JORGE LARRAURI, G.C., FOR SIMPSON' PARK BUILDING RENOVATIONSPROJECT (B-2956). RESOLUTION NO. 91-186 A RESOLUTION RESCINDING RESOLUTION NO. 90- 343, ADOPTED MAY 24, 1990, WHICH AUTHORIZED THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN THE CITY OF MIAMI AND Y AND W ROOFING AND REMODELING, INC., AND ALSO RESCINDING THE CONTRACT SO AUTHORIZED; ACCEPTING THE BID OF JORGE LARRAURI, G.C., t IN AN AMOUNT NOT TC`;: EXCEED $1 B , 5 71, 00 0 BASE - x RID OF THE PROPOSAL, FOR SIMPSON PARK BUILDING RENOVATIONS PROJECT, B-2956, WITH MONIES THEREFOR ALLOCATED FROM FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 3313460 IN THE AMOUNT OF $18,571.00 TO COVER THE CONTRACT COST; AND $4,427.00 TO COVER THE ESTIMATED EXPENSES, FOR A TOTAL OF $22,998.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH JORGE LARRAURI, G.C. FOR SAID PROJECT. (Here follows body of resolution, omitted a here and on file in the Office of the City Clerk.)' ;a- 1.6 EXECUTE A BISCAYNE BOULEVARD AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY, WHICH DESIGNATES SIDEWALK PORTION OF BISCAYNE BOULEVARD (STATE 4= ROAD 5) BETWEEN MIAMI RIVER AND N.E. 24 STREET - FOR CITY'S ASSUMPTION OF LIABILITY / RESPONSIBILITY FOR INSPECTION OF CONSTRUCTION AND MAINTENANCE. RESOLUTION NO. 91-187 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A BISCAYNE BOULEVARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE STATE OF FLORIDA DEPARTMENT OF j1 TRANSPORTATION AND THE CITY OF MIAMI, WHICH DESIGNATES THE SIDEWALK PORTION OF BISCAYNE BOULEVARD(STATE ROAD 5) BETWEEN THE MIAMI RIVER AND NORTHEAST 24TH STREET FOR THE CITY'S ASSUMPTION OF LIABILITY AND RESPONSIBILITY FOR INSPECTION OF CONSTRUCTION AND MAINTENANCE THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ;# ss 1.7 RATIFY AUTHORIZATION OF PROFESSIONAL AND LEGAL SERVICES TO BE RENDERED BY HOLLAND AND KNIGHT, FOR PROJECTS IN SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT DISTRICT. RESOLUTION NO. 91-188 A RESOLUTION RATIFYING AND APPROVING THE ACTION TAKEN BY THE CITY MANAGER AND CITY ATTORNEY IN AUTHORIZING HOLLAND & KNIGHT TO RENDER PROFESSIONAL AND LEGAL SERVICES RELATED TO THE IMPLEMENTATION OF CERTAIN PROJECTS IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT DISTRICT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT OF $51, 706 FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST ACCOUNT (ACCOUNT NO. 689001) TO PAY FOR SAID SERVICES. (Here follows body here and on f ile in Clerk.) of resolution, omitted the Office of the City 9 M i.8 AUTHORIZE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH ARTHUR ANDERSEN AND COMPANY (CERTIFIED PUBLIC ACCOUNTANTS), TOGETHER WITH BUSTAMANTE, NUNEZ AND MANRARA, TO ANALYZE FINANCIAL VIABILITY OF RESPONSE TO REP CONCERNING SOUTHEAST OVERTOWN / PARK WEST BLOCKS 45, 55 AND 56 UNIFIED { DEVELOPMENT PROJECT. RESOLUTION NO. 91--189 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTHUR ANDERSEN & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, WITH THE PARTICIPATION OF THE MINORITY=OWNED ACCOUNTING FIRM OF BUSTAMANTE, NUNEZ & MANRARA, TO ANALYZE THE k FINANCIAL VIABILITY OF A PROPOSAL SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS FOR THE SOUTHEAST OVERTOWN/PARK WEST BLOCKS 45, - 55 & 56 UNIFIED DEVELOPMENT PROJECT ISSUED ON JULY 30, 1990; AUTHORIZING COMPENSATION FROM FUNDS AVAILABLE IN THE FY '90-91 PROFESSIONAL SERVICES ACCOUNT OF THE DEPARTMENT OF DEVELOPMENT BUDGETED FUNDS, TO BE REIMBURSED TO THE CITY BY THE SUCCESSFUL PROPOSER UPON EXECUTION OF A NEGOTIATED DEVELOPMENT AGREEMENT, FOR SERVICES NOT TO EXCEED AN AMOUNT OF $25,000, PLUS OUT-OF- POCKET EXPENSES NOT TO EXCEED AN AMOUNT OF $2,000, FOR THE PERIOD COMMENCING UPON EXECUTION OF THE PSA AND ENDING UPON - COMPLETION OF PROFESSIONAL SERVICES. (Here follows body of resolution, omitted here and on f ile in the Of f ice of the City Clerk.) 1.9 EXECUTE AGREEMENT WITH METRO-DADE COUNTY TO PROVIDE $15,000 GRANT AS CITY'S CONTRIBUTION TOWARDS CONSTRUCTION OF A DOMINO KIOSKO FOR SENIOR CITIZENS AT METRO'S EUGENIO MARIA DE HOSTOS WYNWOOD ELDERLY CENTER. RESOLUTION NO. 91-190 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTIVE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METRO-DADE COUNTY TO PROVIDE TO METRO-DADE COUNTY A $15,000 GRANT AS THE CITY'S CONTRIBUTION TOWARD THE CONSTRUCTION OF A DOMINO KIOSKO FOR SENIOR CITIZENS AT THE EUGENIO MARIA DE HOSTOS WYNWOOD ELDERLY CENTER OWNED BY METRO-DADE COUNTY AND OPERATED BY A CITY -FUNDED AGENCY; ALLOCATING FUNDS THEREFOR FOR SAID GRANT, IN THE AMOUNT OF $15,000,- FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (Here follows body of here and on file in the Clerk.) resolution, omitted Office of the City 10 March ' l4# 199tll �rz 1.10 AUTHORIZE ISSUANCE OF REP FOR PROVISION OF MANAGING BOND UNDERWRITING SERVICES APPOINT SELECTION COMMITTEE. 'a RESOLUTION NO. 91-191 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DISTRIBUTE AND ADVERTISE THE ATTACHED REQUEST FOR PROPOSALS (RFP), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF MANAGING BOND UNDERWRITING SERVICES, AND AUTHORIZING THE APPOINTMENT OF A FIVE -MEMBER SELECTION COMMITTEE BY THE CITY MANAGER TO EVALUATE PROPOSALS THAT MAY BE SUBMITTED, SAID COMMITTEE TO BE COMPOSED OF INDIVIDUALS WHOSE NAMES SHALL BE FURNISHED IN WRITING BY MEMBERS OF THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.11 ESTABLISH SPECIAL CHARGES FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY VIOLETTE ATHLETIC CLUB, FOR AMATEUR SOCCER GAMES. - RESOLUTION NO. 91-192 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY VIOLETTE ATHLETIC CLUB FOR THE SAID ORGANIZATION'S PRESENTATION OF AMATEUR SOCCER GAMES ON APPROXIMATELY TWENTY-FOUR (24) EVENT DAYS DURING THE PERIOD FROM MARCH 17 THROUGH AUGUST 25, 1991; 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 OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk. 1.12 ESTABLISH SPECIAL CHARGES FOR USE OF BOBBY MADURO MIAMI p BASEBALL STADIUM BY LIGA DEPORTIVA ESTUDIANTES DEL GUAYAS, INC., FOR AMATEUR SOCCER GAMES. - RESOLUTION NO. 91-193 < A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY LIGA DEPORTIVA ESTUDIANTES DEL GUAYAS, INC., FOR THE SAID ORGANIZATION'S PRESENTATION OF AMATEUR SOCCER GAMES ON APPROXIMATELY SIXTEEN (16) EVENT DAYS DURING THE PERIOD FROM MARCH 17 THROUGH JUNE 30, 1991; 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 OR HIS DESIGNEE. 11 Hareh 14, � 1.13 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AGAINST JASPER AND MARY SWEET (d/b/a JASPER PAINTING SERVICE, INC.), TO RECOVER LOAN FROM MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM ($39,793.21). RESOLUTION NO. 91-194 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST JASPER & MARY SWEET, D/B/A JASPER PAINTING SERVICE, INC., TO RECOVER LOAN FUNDS FROM THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM IN THE AMOUNT OF $39,793.21 PROVIDED TO SAID INDIVIDUALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.14 AUTHORIZE REPLACEMENT OF CITY OF MIAMI STREET AND HIGHWAY IMPROVEMENT GENERAL OBLIGATION BONDS ($5,000), TO SUBSTITUTE LOST BONDS. RESOLUTION NO. 91-195 A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA STREET AND HIGHWAY IMPROVEMENT GENERAL OBLIGATION BONDS,- DUE MAY 1, 2001, IN THE PRINCIPAL AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) TO SUBSTITUTE LOST BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) a 1.15 ACCEPT 13 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES.- RESOLUTION NO. 91-196 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT THIRTEEN (13) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of here and on file in the Clerk.) resolution, omitted Office of the City 12 1.16 RATIFY EMPLOYMENT OF BAKER AND MCKENZIE AS COUNSEL BEFORE U.S. BANKRUPTCY COURT CONCERNING: MCNEW MARINE CONSTRUCTION, INC. (Case No. 91-10003-BKC-RAM). RESOLUTION NO. 91-197 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY ATTORNEY'S EMPLOYMENT OF THE LAW FIRM OF BAILER & MCKENZIE TO SERVE AS COUNSEL BEFORE THE UNITED STATES BANKRUPTCY COURT IN CONNECTION WITH THE CASE OF IN RE: MCNEW MARINE CONSTRUCTION, INC., CASE NO. 91-10003-BKC-RAM, WITH THE FEE FOR SUCH SERVICES NOT TO EXCEED $25,000.00; 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 f ile in the Off ice of the City Clerk.) 1.17 ALLOCATE COMPENSATION TO SPECIAL COUNSEL FOR: (a) CODE ENFORCEMENT BOARD ($18,000), AND (b) CIVIL SERVICE BOARD ($18,000). RESOLUTION NO. 91-198 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM BUDGETED FUNDS OF THE PLANNING, BUILDING AND ZONING DEPARTMENT, ACCOUNT NO. 560602-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE , ENFORCEMENT BOARD; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM BUDGETED r FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD. (Here follows body here and on f ile in Clerk.) of resolution, omitted the Office of the City 1.18 APPROVE REQUEST FROM GREATER MIAMI RUNNING USE OF DESIGNATED STREETS IN COCONUT GROVE RUN. RESOLUTION NO. 91-199 A RESOLUTION APPROVING THE USE OF CERTAIN STREETS AND THOROUGHFARES IN COCONUT GROVE DURING THE LAW DAY RUN, A 5-MILE RACE TO BE CONDUCTED BY THE GREATER MIAMI RUNNING ASSOCIATION ON APRIL 27, 1991, BETWEEN THE HOURS OF 7:00 A.M. AND 10:30 A.M., SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO BE UTILIZED AS PART OF THE RACE COURSE; FURTHER CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. ,M1 13 Mardi- 14. R _y. r` (here follows body of resolution, omitted here and on file in the Office of the City =" Clerk.) i 1.19 APPROVE REQUEST BY DADE COUNTY CHAPTER OF FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, IN CONJUNCTION WITH SPLIT SECOND TIMING, INC., FOR PARTIAL USE OF DESIGNATED STREETS IN COCONUT GROVE DURINGs C.P.A. 1040K RACE AND WALK. RESOLUTION NO. 91-200 A RESOLUTION RELATED TO THE PARTIAL USE OF STREETS AND THOROUGHFARES IN COCONUT GROVE DURING THE C.P.A. 1040K RACE AND WALK TO BE CONDUCTED BY THE DADE COUNTY CHAPTER OF THE FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS IN CONJUNCTION WITH SPLIT SECOND TIMING, INC., ON APRIL 13, 1991 BETWEEN THE HOURS OF 7:00 A.M. AND 10:00 A.M., SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO BE UTILIZED AS PART OF THE RACE COURSE; FURTHER CONDITIONING ALL APPROVALS _ AND AUTHORIZATIONS GRANTED HEREIN UPON THE `} ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND _ OBTAINING INSURANCE TO PROTECT THE CITY INS" THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.20 APPROVE REQUEST BY MARCH OF DIMES BIRTH DEFECTS FOUNDATION FOR USE, OF DESIGNATED STREETS IN COCONUT GROVE DURING: MARCH OF DIMES WALK AMERICA WALKATHON. RESOLUTION NO. 91-201 A RESOLUTION RELATED TO THE MARCH OF DIMES WALK AMERICA TO BE CONDUCTED BY THE MARCH OF DIMES BIRTH DEFECTS FOUNDATION ON APRIL 6, r� 1991, APPROVING THE USE OF CERTAIN STREETS AND THOROUGHFARES IN COCONUT GROVE DURING THE WALK-A-THON SUBJECT TO THE ISSUANCE OF PERMITS BY THE. DEPARTMENTS OF POLICE AND #; FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO 'CONTROL 'b TRAFFIC FLOW ON THE STREETS TO BE UTILIZED " AS PART OF THE WALK-A-THON COURSE'; FURTHER CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN~' UPON THE pRGANIZERS PAYING FOR ALL NECESSARY COSTS OF. CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. , (Here follows body of resolution, omitted ..,�..,. here and on file in the Office of the City i g 3 Clerk.) _ 1.21 APPROVE REQUEST BY JUNIOR LEAGUE OF GREATER MIAMI, INC., FOR PARTIAL USE OF DESIGNATED DOWNTOWN STREETS DURING: 1991 MIAMI MAGIC PROGRESSIVE DINNER GALA. RESOLUTION NO. 91-202 A RESOLUTION RELATED TO THE 1991 MIAMI MAGIC PROGRESSIVE DINNER GALA TO BE CONDUCTED BY THE JUNIOR LEAGUE OF GREATER MIAMI, INC. ON APRIL 20, 1991; CONDITIONALLY APPROVING THE PARTIAL USE OF STREETS IN DOWNTOWN MIAMI FOR SAID EVENT TO BE HELD DURING THE EVENING OF APRIL 20, 1991, SUBJECT TO THE EXERCISE OF COMPLETE CONTROL OVER SUCH USE BY THE DEPARTMENT OF POLICE; AUTHORIZING A ONE -DAY PERMIT TO THE ORGANIZERS TO DISTRIBUTE BEER AND WINE IN CONNECTION WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on f ile in the Office o-f the City Clerk.) 1.22 CLAIM SETTLEMENT: LEONARD FRANK ($35,000). RESOLUTION NO. 91-203 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LEONARD FRANK THE SUM OF $35,000, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND CERTAIN OTHER DEFENDANT(S), UPON EXECUTION OF A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. (Here follows body here and on file in Clerk.) 1.23 ACCEPT PLAT: TROPIC GARDEN. of resolution, omitted the Office of the City RESOLUTION NO. 91-204 A RESOLUTION ACCEPTING THE PLAT ENTITLED "TROPIC GARDEN", 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 here and on file in Clerk.) of resolution, omitted the Of f i :e of the City 15 r t 1.24 ACCEPT PLAT: HUGHES ESTATES SECTION TWO. RESOLUTION NO. 91-205 A RESOLUTION ACCEPTING THE PLAT ENTITLED "HUGHES ESTATES SECTION TWO", 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; 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.) - i'' 1.25 AUTHORIZE WAIVER OF MAINTENANCE REQUIREMENTS FOR TENANCY OF VIRRICK PARK AND ITS RECREATION BUILDING (REVEREND THEODORE GIBSON COMMUNITY CENTER) BY COCONUT GROVE FAMILY HEALTH CENTER, INC. - ALLOCATE $7,000 AS GRANT TO TENANT TO COVER COST OF ROOF REPAIRS. RESOLUTION NO. 91-206 A RESOLUTION AUTHORIZING A ONETIME WAIVER OF THE MAINTENANCE REQUIREMENTS IN EFFECT FOR THE TENANCY OF VIRRICK PARK AND ITS RECREATION BUILDING KNOWN AS THE REVEREND THEODORE GIBSON COMMUNITY CENTER BY THE COCONUT GROVE FAMILY HEALTH CENTER, INC., FOR SAID TENANT S OPERATION OF A HEALTH CLINIC; ALLOCATING AN AMOUNT NOT TO EXCEED $7,000 FROM THE PROPERTY AND LEASE -MANAGEMENT SPECIAL.REVENUE FUND, PROJECT NO;. 113010, ACCOUNT NO. 590401, AS A GRANT TO SAID TENANT TO COVER ITS COST OF ROOF REPAIRS AT SAID BUILDING, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY.THE ADMINISTRATION OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY t" MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS.PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City x Clerk.) ors �v r o Y. Ay ' tt3' f butt , 7 i v — — — — - ---I------------------- — - —ter—--------a--------- ---i Commissioner Dawkins: Item two, Vice Mayor Plummer: Item 2 has been withdrawn. Commissioner De Yurre: Mr. Vice Mayor... Commissioner Dawkins: I pulled it for discussion. Vice Mayor Plummer: For discussion? Commissioner Dawkins: Yes. Commissioner De Yurre: OK. Commissioner Dawkins: They've convinced me that they need it, so I need to discuss it. Vice Mayor Plummer: OK, well, Mr. Manager, in the future, you r know, even though I'm not going to be the Mayor in the future, this is misleading, at best. t Mr. Odio: We did not know. Commissioner Dawkins: No, no, but they just came to me this {' morning, J. L. Vice Mayor Plummer: Oh, OK. Commissioner Dawkins: Yes, they came to me this morning to (, convince me that they have... Vice Mayor Plummer: All right. Mr. Earl Phillips. Is he E present? Mr. Odio: He's out of town.That's why... Commissioner Dawkins: What? -item 2? Vice Mayor Plummer: Item two. Commissioner De Yurre: The consent agenda number two. ; ,; Commissioner Dawkins: No, I'm talking about consent agenda item two. d. y Commissioner Alonso: He's talking about consent agenda. Mr. Odio: Consent agenda item. Vice Mayor Plummer: Oh, I'm sorry.' Commissioner Alonso: He wanted certain items to be pulled for discussion. Vice Mayor Plummer: OK. Commissioner Dawkins: Yes, consent agenda item two. Vise mayor Plummer: All right, consent agenda item 2.;+ Discussion by Commissioner Dawkins. L p ''y31 n — 2 M'Z Ogi Y t t ,x, s +4!`aX'� Commissioner Dawkinst OK, the only thing I'm going... I'm going to move this. Can I get a second? Commissioner De Yurra: Second. Commissioner Dawkins: My discussion is - I'm going to say it again - we had a computer department. We bought umpteen million dollars worth of computers. We no longer have a computer department. You got people strung out all over the City. You got one here working Solid Waste, you got another person in computer in the Police Department, you got one person in computers over here, and yet we continue to buy computer software. Now, somewhere along the lines, I want... I will send you a memo, Mr. Manager. I want you to explain to me how many people we had in the Computer Department when Mr. Samit Roy was here. How many we have now, and where is all of the computers that we purchased from UNISYS? 1 also want to know, what are you doing... how we maintaining them, who's repairing them, and where is the money to replace them. Vice Mayor Plummer: All right, Mr. Manager, you'll send him a memo on that, please. OK... Unidentified Speaker: These people are here now. Commissioner Dawkins: Call the roll on two, Mr. Vice Mayor. Vice Mayor Plummer: Call the roll on consent agenda 2. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-207 A RESOLUTION ACCEPTING THE PROPOSAL OF SOFTWARE CLEARING HOUSE FOR THE USE OF EZSPEC/DARGAL ADHOC REPORTING SOFTWARE FOR THE DEPARTMENT OF COMPUTERS ON A CONTRACT BASIS FOR ONE (1) YEAR AT THE PROPOSED COST OF $20,000.00; ALLOCATING FUNDS THEREFOR FROM THE FY '90/91 OPERATING BUDGET, ACCOUNT CODE NO. 460401-907; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body here and on file in Clerk.) of resolution, omitted the Office of the City Upon being seconded by Commissioner De Yurre, 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. NOES: None. ABSENT: Mayor Xavier L. Suarez. the resolution r Tr es � a March i + sty `y 3. DISCUSSION CONCER14114G raC PROGRAM FOR CITY EMPLOYE matter back at next meeti: ------------------------------ ------------- Commissioner De Yurre: Mr. regular agenda... Vice Mayor Plummer: Commissio on Tuesday. It has to do with the prepaid legal insurance program that the City has. There's some issue with the unions, and I'd like to have the representatives of U.S. Legal, if they can come up and present the situation. Vice Mayor Plummer: Are all parties concerned here? OK, we'll a deviate from the policy. The normal policy of the Commission is that pocket items be taken up at the end of the agenda, but we'll deviate because everybody is here and let's get it over with. Commissioner De Yurre. Commissioner De Yurre: Thank you. Go ahead. i Chris Miller, Esq.: My name is Chris Miller, I'm general counsel for U.S. Legal Protection Company. I've got a packet of ; materials. If it would be appropriate to hand out, I'll do so at this time or... Vice Mayor Plummer: Go ahead. Mr. Miller: As you'll note, the packet I gave you is just .a' compilation of several letters in reference to the prepaid legal services that are now being given to City employees, both union $ and nonunion. Vine Mayor Plummer: Hold on just a minute, if you would please. Mr. Miller: I'm sorry. Vice Mayor Plummer: Mr. City Attorney, my question here basically is, what do we as a City Commission have to do with a union who private... contracts with a private contractor. What ` do ,we, the City Commission, have to do, < or what authority do we have - and that's my question. I don't know why we,' the i Commission, are involved in a situation which, as I'eae it, is ;. between the union and a private company. Where is it here before us, and what can we do, even if we wanted to? Ramon Irizarri, Esq.. Ramon Irizarri, Assistant City Attorney. 5, There is a negotiated provision in the AFSCME contract .to provide a,payroll slot for the AFSCME employees. That slot has been provided and as to other issues, there is really nothing before �a the Commission, as to non-AFSCME employees. Dice Mayor Plummer; OK, so you're saying that the only then thing before us is the payroll slot of who gets it or who .. doesn't? _ Mr. Odio; You don't have that choice. You already... r- Vice Mayor Plummer; OK, I don't know why it's before us at all. x ;4jo-gQiAg to be honest with you. Y 19 T � 3 a # h- _ �Ns Commissioner De Yurre: Well, my understanding, J.L., and I've f- - been trying it. Also, I had some issue as to whether we had to get involved in this or not, but it seems that from what they were telling me that the administration is the one that has given ! some direction as to deviate from the normal practice that was being exercised in the last three years. Mr. Odio: On the contrary, we told them we have one slot, and even though some people are very happy with the one that we had there before - and we told them that there is nothing that we could do because that's under contract. Commissioner De Yurre: No, the issue that they brought before me on Tuesday was that, aside from AFSCME, there were other employees that were members of other unions... Mr. Odio: Yes, police... Commissioner De Yurre: ...that were also part, you know... Mr. Odio: Yes, that's true and... Commissioner De Yurre: ...getting the insurance, the legal insurance. Nov, with the new company, which is this one here, the City Attorney's office, or the administration, has indicated — that those members that used to be part of the original legal insurance company, cannot subscribe to this one. Mr. Odio: No... Commissioner De Yurre: So that is the issue that exists here night now. i r Mr. Miller: That's correct. That is absolutely correct. Mr. Odio: But what we said is, we have not... Commissioner Dawkins: That is not correct.- The issue is, Vice Mayor, that a black group was providing prelegal insurance. § Along AFSCME decided that they no longer wanted to allow the black group. Mr. Miller: It's a German company. There... }' j Commissioner Dawkins: No, hey, I'm not.... r; ' Vice Mayor Plummer: Sir, please. Mr. Miller: I'm sorry. �'- Commissioner Dawkins: OK? They no longer wanted the black group to use their slot - which it was their slot - see? I don't blame them. I blame the black group for not original17 getting their check off slot. So, when AFSCME decided that they were not.going t;o.allow. the black group to use their check off slot, because they wanted this group to represent them, which they have every right in the world to do, then the black group was left withouta check off- slot. So then the Manager said - and which I feel is rightfully so - that if those individuals who now have the black group are desirous of still using the.black.group, then they have to come before this Commission and have some arrangements made to get a check off. Is that a correct statement, Mr. Manager?,, F Mr, Odio: Yes. r � Commissioner Dawkins; And that's where we are. r> €y Mr. Odio: Because I found, as this developed, that a lot of _ people are happy with the services they:1ve been receiving from f=wE that other group-. Now, we are not saying that AFSCME had the_ Wit, s rioht to cancel or not cancel, that's not the issue, The issue is that a lot of police officers have come up to me and said, we � Z` 15,- 20 _ 5 y ' want to keep the group that we had before. My problem was that legally I can only give one slot in the payroll deduction. So, that's the decision you would have to make. j 'vice Mayor Plummer: Well, let me ask this question, One slot would, in fact, take out the amount for, Are you saying that you i; can't, in that one slot, pay it to two different companies? Ms. Sue Weller: No - Sue Weller, labor relations officer. No, Commissioner, you have to have one particular slot for each group because you have different rates that go into that slot. Because the other groups - if you were going to offer it to other groups - it would have to be negotiated with the other unions if you wanted to offer it to them. Vice Mayor Plummer: Not us. it. The union would have to negotiate Ms. Weller: That's correct. Vice Mayor Plummer: All right, well go ahead, thing to a head. I still don't see what we, the to do with it. Mr. Odio: I guess the... Commissioner Dawkins: Well, I don't either... Mr. Odio: The conclusion would be whether you want us to create another slot and talk to the... Mr. Miller: It's already been created. Mr. Odio: You mind if I talk? Mr. Miller: Sure. Commissioner Dawkins: So, what's your problem, sir? Mr. Miller: The problem basically is this, Commissioner, is that we. have made an extended effort to go in and enroll both union and nonunion employees of the City. Now those that we do have on our books- are going to be taken away- from us in six months. We have... you know, I think there's such a doctrine as equitable r: estoppel that when the City says, sir, when you're coming in to use this particular slot, you're going to have to also enroll �— nonunion employees. We then act upon those demands of the City and quite happily so, and now it's being taken away from us. i Commissioner Dawkins: But, it's being taken away from you by individuals who say that they want somebody else to represent them. �i Mr. Miller: No, that's not the case. What they're doing- is, xc they're giving us a six month period...tj Mr. Odio: No, no. Wait, wait, wait just a minute. You're putting words in my mouth, and I resent that a lot, sir. 7 Mr. Miller: I didn't intend to do that, sir. Mr. Odio: Well, then, you let me talk. AFSCME choose whoever they want, and we're not taking at all. Now, the other employees have the whoever they want... Mr. Miller: That's correct. Ms. Odlo; ...and that's what they're you, shay want the other one. saying. They don't want �. r Mar-o 44� r Q�x Commissioner be Yurre: go are you telling me that they have a choice then, Cesar, that they can sign them up if the employee wants to sign up with them? - Mr. Odio: What's right. Vice Mayor Plummer: Am 1 missing something here? Mr. Miller: It's not true. Vice Mayor Plummer: If the other employees want the other company, can't they pay the other company direct rather than through payroll deduction? Mr. Odio: Well, it creates... it's a handicap for the other company really. - Vice Mayor Plummer: Well, you know, that's their problem. Mr. Odio: Well, no, because you're putting this other company in an advantage situatior,. Vice Mayor Plummer: But, Mr. Manager, doesn't... you see, I think that AFSCME has the right... Mr. Odio: But so does the non... — Vice Mayor Plummer: ...to make their selection. Mr. Odio: And I agree with you. But the nonunion employees and the Police Department, FOP, and Fire have the right to choose whoever they want too, so maybe we have to find a solution for this. Commissioner De Yurre: But the bottom line then - so we can have i it on the record - they can go ahead and sign up whomever wants to sign up with them. Mr. Odio: Yes. Yes. - Ms. Weller: AFSCME.. Commissioner De Yurre: With no problem. ;I Mr. Odio: AFSCME._ Commissioner De Yurre: No, no, no, I'm talking about the ,others►' ' Ms. Weller: No, it's AFSCME. } Mr.; Odio: AFSCME. Commissioner De Yurre: What if . there's police - that wants to go with them? 4 +i Ms. Weller: No. Mr. Irizarri: Well, the police can't... Mr. Odio: No, Mr. Irizarri: ...the police... they cannot sign up the police because the police is a bargaining unit. F'1 . 3. Commissioner De Yurre: Well weren't there police officers that were signed up with the other company?? Mr.- Irizarri: Yes, Commissioner De Yurre: OK, so what's different now? 3 ' r Mr. Irizarri: And as of .June 1091, there will be no deduction for the other company. And there will be no deduction... Commissioner De Yurre: weren't part of the originally with Midwest, here comes a new company that are stepping into police officers that were Fine, but if the police officers that bargaining unit of AFSCME signed up and there are a number of those. Now, that's filling in the shoes of Midwest the same situation. Why can't those with Midwest sign up with U.S. Legal if they want to? Mr. Irizarri: They can sign up with U.S. Legal, but they will not have the payroll slot deduction, because that's a bargained for benefit, you're talk... Commissioner De Yurre: Well, were they having the money taken out from that slot? Mr. Irizarri: At one time, yes. Commissioner De Yurre: No, at one time no. Are they still being today? Unidentified Speaker: Yes. Commissioner De Yurre: It's still being done today. Mr. Irizarri: Up until June they'll have that... Midwest will have that privilege. Commissioner be Yurre: It's still being done. _So why does it change? Mr. Irizarri: Why? Because AFSCME only represents and can only solicit AFSCME employees. Commissioner De Yurre: Why could they do it beforewiththe other company? Why has it been done? In fact,. it's being done today, and you're saying now that it can't be done in the future with this other company. What is the difference? Mr. Irizarri: The difference is -that at onetime-- and -you=have to go back into the history of this - Midwest came in ' and came before, the Commission and the Commission gave it permission,' to. I canvass the employees. AFSCME then acceded to the Midwest Leg -al #- the payroll slot._ Back in December of 190, as a result of AFSCME's right, they decided that they did not want to have Midwest Legal occupying their slot. Commissioner De Yurre: OK, go ahead, I'm listening. Mr. Irizarri: So they were terminated. In order to avoid possible lawsuit by Midwest Legal -against the7 City for interference with the contract, they were given until June of this year: to make arrangements with those people they had signed= s `i up.. Commissioner De Yurre: Go ahead. Mr. Irizarri: ...>to do direct solicitation, not through payroll Y deduction. Commissioner De Yurre: OK. 5 Mr. Irizarri: And that's the status now, Commissioner De Yurre: What does that have to do with my question? My question is why... .; Mir. �?440. They question is, they can... yes, I knees You,, k P 3 23 Hp RR}}�. { Commissioner De Yurret ...why U.S. Legal cannot :sign up police bfficers, firefighters, et cetera? They are not part of AFSCME, that today, are ' enjoying the benefits of Midwest the same as now that they're stepping into the shoes of Midwest? Why can't those officers; why can't those individuals also sign up with U.S. Legal if they want to? y Mr. Odio: The answer to that is, yes, they can recruit whoever they want, but they will not have a payroll deduction. Commissioner De Yurret Was a payroll slot deduction provided for those individuals? Mr. Odio: Yes, it was before. Commissioner De Yurre: Why are we changing that policy now? Mr. Odio: According to Sue, it should never have been done in the first place. OK. Because you... Commissioner De Yurre: So... Mr. Odio: According to her, you could. Put it on the record. Ms. Weller: In reviewing the whole matter... Commissioner Dawkins: Let's hear from Shorty. Go ahead, Shorty. Mr. Shorty Bryson: Thank you, Commissioner. Shorty Bryson, Miami _ Firefighters Local 587. This thing does bring up some problems. The firefighters have never endorsed a legal company because we didn't want to get into that ballgame that if the service wasn't correct that somebody would complain to the union. When this thing came about, firefighters somehow, the City sent the representatives of Midwest to the fire stations, and individuals signed up. Our position was, that was up to them. It was a contract between i them and a company that the City allowed to come around. There were payroll deductions. Nov, U.S. Legal has called me, and I told them the same position, that right now, our union has not endorsed any legal company, and we are not getting in the middle of this range war, but at the same time, there are payroll deductions right now in the Fire Department for legal insurance. Our members were told even though it wasn't our issue, that they were going to be cancelled out at Midwest, if that company... if this new company came around. — I guess our position is you know, the City is getting in the spot where they are going to have to either give spots to competing companies, or they are l going to have to let the unions control the spots. One or the other. Right now, like I said, the firefighters have never endorsed one, and we are getting, kT in a real range war here, but we are out of this part of it. But there is a.- payroll deduction there. Vice Mayor Plummer: I don't know why we are in this range, you know, that's ^~, whatI'm trying to say. Mr. Bryson: You're right at the head of the range. M Vice Mayor Plummer: Mr. Manager, I think whatyouneed to,do,.is to -take this 2f issue back to the administration and come back at the next Commission with a �}} F.-- recommendation to this Commission, because I've got to tell you something, I 074 vl am totally lost. I don't understand that you know, that AFSCME is the one... it Is private matter between them and a private company, and I don't know- why we should be involved. I just don't see it. Now... y# 4 Mr. Odiot I think the decision you are going to have to make in the future, ` is whether we provide another position for Fire and Police. Vice ''Mayor Plummer: Well immediately, I'll ask another question then. What happens if a third and a fourth company come in? Mr. Odio: well, you only have four unions. Vics Mayor Plummer: But there are many companies out there.,. x_ W. Mr, Mot No. g 4March 14,E z .1. �jk y 3 Y FF" Vice Mayor Plummer: :.. I am sure that provide this service, and they Will all demand, and want the same thing. Mr. Odio: That's up to the unions to decide, not us. 3 Commiasioner Alonso: But it should be now, the same situation. His question is perfectly right. If a third company comes, are we going to open another one? Mr. Odio: No. I didn't say to open a slot for another company, I said that each union would have the right, if you so choose, to have one line. Commissioner Alonso: Yes. — Mr. Odio: And if they... they have to have one company. They cannot have two, three or four, because they are limited to one line. Commissioner De Yurre: Basically what I am hearing then is that, once V.S. Legal takes over, and the six month period ends with Midwest, then the police officers, the firefighters, and the non union employees that have enjoyed protection... legal protection, insurance protection, will not be able to have it anymore from Midwest, from U.S. Legal, from no one. They are out: Mr. Odio: That is correct. Ms. Sue Weller: That's correct. Commissioner Alonso: They can pay directly to the company. Mr. Odio: They can pay directly. Ms. Weller: yes. Vice Mayor Plummer: Sure, they can pay directly. I Commissioner Alonso: So still, they will be able to have whatever they want, "i and make direct payments to them. 'i — Commissioner De Yurre: Yes, but not through... '.i Mrc Odio: And that they can only approach AFSCME employees. I� Commissioner De Yurre: And they can also do the same thing then. Mr. Odio: Yes. ' j Vice Mayor Plummer: Let me see if I understand something. Are you saying that you are giving the two slots until June the lst? Mr. Odio: We have... Ms. Weller: Yes. Vice Mayor Plummer: And then after June the lot, there will only be one slot? a s Mr. Odio: That is correct. - Commissioner Dawkins: No, there will be no slots. - ;. Vice Mayor Plummer: Well, that's not what I am understanding. Mr.,Odio:- There will be the one AFSCME slot. �r F Ms. Weller: Qne for AFSCME. CQminissioner DaWlCins: No. OK, all right, then if you... 74 ?; . . Yice Mayor Plummer; From what i am understanding, there will be two slots, until June the 1st... Mr. Odio; Right. Wyk , 1 !T TfINR 14, F et Y y �• P i E 7:h 2i �t ' Y1 n Vice Mayor Plummer: ... then ,tune the lot, there will only be one, and it will go to... a f Mr. Odio: To AFSCME. Vice Mayor Plummer: To APSCMPS, yes. Whoever they choose. Mr. Odin: And AFSCME decides.:. Commissioner Dawkins: OK, well what about the fire union? They've got... Vice Mayor Plummer: They have their right to choose, but they have indicated, they don't want to get involved. Commissioner Dawkins: All right, well the members in their union who want to get involved, and still retain whatever the other one is, what happens? Vice Mayor Plummer: They would pay them direct. Mr. Odio: They would have to send them a check every month. Commissioner Dawkins: No. Well, I will make a substitute motion if that goes. That you either have a slot for each... if AFSCME has got a slot, then the firemen have got to have a slot. Vice Mayor Plummer: If they want it. Commissioner Dawkins: If the firemen and AFSCME got a slot, the policemen 7 Lj Vide Mayor Plummer: If the other unions want it, they have that right to get a slot if they want it. Mr. Odio: To bargain for it, Vice Mayor Plummer t Ott, Mr. Chris Millers Mr, Vice Mayor. Vice Mayor Plummert Sir. Mr. Millers May I ask one question? Would it be...? Mr. Odio: To bargain for it. Wait, excuse me. They have to negotiate a into... Vice Mayor Plummert That's with them, not with us. Mr, Odio: That's right. With us, no. The unions would have to negotiate with us to get a slot. Vice Mayor Plummer: The unions would tell us, one, do they want the slot - yes or no. Mr. Odio: No. - j Vice Mayor Plummer: Two, they would tell us which company they want to be the recipient. I Mr. Odio: They would tell us in labor negotiations whether... Vice Mayor Plummer: OK, fine, all right. f_ Mr. Miller: Mr. Vice Mayor, the only... Commissioner Dawkins: I knew J.L. would... Vice Mayor Plummer: Look at this. They woke up. Hello. ,1 Mr..Bryson: Shorty Bryson again. Commissioner Alonso: I thought they were going to miss this one. Mr. Bryson:We have a practice right now of members deducting into a slot. I As far as that slot goes, we are not going to bargain for the slot. We feel i, really that .I don't think that these people that have been doing this should all of sudden, have it cut off. You know, they have had that slot, i things have been, going that `way, our ,unions are not going to go in and negotiate to give up something which is typical negotiations. 1 Commissioner Dawkins: That you never had. Mr. Bryson: That's right. 1 i;. Vice Mayor Plummer: Then, you stay out of the range war - as you said. a Mr. Bryson: Well, I am ducking, but you are pulling mein hard. You know, I ' don't know what to do. You've got to talk to these guys. { ry' Commissioner Alonso: May I ask a question? - and forgive my ignorance, but is this so complicated for us, that it has even been mentioned as a possibility �i of bargaining table, and so on? It is that complicated? - is it?, �x Vico Mayor Plummer: We AFSCME slid. Mm4 'Welleru Both of the... US Legal was told its our convoraations with"-theau it thast if ,the -other unions wanted a legal insurance program, then they had the' - 'right to come to the bargaining table and request it - to bargain. r swiss inner `_ ,Alanso: Yine. And I know that AYSCME did that, but is fit, n from the Point of view of the City, to open the slot, is it that difli+�uit? ►` h i,i~'_•that: o � ghat the union , waate? � i t P_y 9A Aft __ Y a Ma Waller: The problem is that you get into, where you are offering a benefit as far as the City is concerned, and that is something that we feel that should be negotiated. Just like AFSCME negotiated their slot. Commissioner Alonso: OK. Fine. Vice Mayor Plummer: OK. Let's try to wrap this thing up. This was a pocket item. Shorty. Mr. Bryson: Can I just add just one more thing, Commissioner? - Vice Mayor Plummer: Sure. Mr. Bryson: That I think it would prudent - it's hard to correct this problem, because it's a mess now, but for the future - that if people come in and want to sell without the union's backing, that they have to do it on a contract individual basis, and no payroll deductions.' — Vice Mayor Plummer: I don't disagree with that. Mr. Bryson:: And we would like to keep our slot. We want to keep our slot. Mr. Odio: You're right, you're right Shorty. Commissioner Alonso: I agree, that's the way it should be done, Vice Mayor Plummer: OK. The gendarmes have anything to say? Charlie, quick please. Mr. Charlie Cox: I've got only one suggestion. If nobody else has to,bargain for this, I would hope that.I can get whatever every other union has too, without bargaining for it. I mean... Vice Mayor Plummer: Hold harmless. Mr. Cox: What basically happened is, the Commission said that they opened it up for everybody, when we bargained for the slots that we have. -. Vice Mayor Plummer: OK, I understand, and that's legitimate. Commissioner Dawkins: What did you give up for it, Charlie? Mr. Cox: What did we give up? Commissioner Dawkins: Yes. - Mr. Cox: The slots were brought in way before my time. _ ,Y =' Commissioner Dawkins: OK. Mr. Cox: So, I can't answer. Commissioner Alonso: Probably, a lot of things. Commissioner Dawkins: All I am saying Charlie, is that I agree with you, but I am saying though, you should not be held hostage if you gave up something, s t= That's all I am trying to say: Mr. Cox: Correct. x Commissioner Dawkins: OK, all right. OK, that's all. Vice Mayor Plummer: OK. We understand where we are? s}4 h Commissioner De Yurre: OK, so the bottom line then is that the slot remains k z f, open' for the firefighters and the police to continue to get the legal `"• insurances? Mro Odio: No. � ' c�mmisa�ioAor Alonsos No, its not, r � s(i 28 N( �aroh #�; S-.� 1�� Q � a Commissioner De Yurre: Well, isn't that what Shorty just said now? Commissioner Alonsot It's not. Mr. Odio: No. Vice Mayor Plummert No, it's not going be, Mr. Odiot No, what Shorty said is... let me translate. No, I was just kidding. What he said is that, if his members want to have the legal services they should contract direct with the... Vice Mayor Plummert With the company. Mr. Odio: ... with the company. Vice Mayor Plummer: Like they would for life insurance, or automobile insurance, or any other kind of insurance, other than the what the City provides. That's a private matter between the individual and the company which the individual chooses. Now, as far as AFSCME is concerned, it's different, because AFSCME negotiated the right to select a company with a payroll deduction. And if the rest want to do it, they can bargain for the same thing as AFSCME did. But since they didn't wish to get involved in the so called range war, they did not negotiate, they did not in any way want that as a part of their bargaining tool. So, it's only at this point with AFSCME. Commissioner De Yurre: OK, so then, Shorty, what... then your firefighters cannot have from their payroll, have a... Mr. Bryson: The way I feel right now is, they have had this practice going on because the City allowed it, so I feel that the City has to straighten it out. It's not a union problem. Commissioner De Yurre: OK, but right now the way the City is going to straighten it out is that they can't do it anymore. Mr. Bryson: Well, you know, I think the companies... as long as a letter comes out saying there is going to be no more payroll slot for legal insurance, you have the choice to maintain with Midwest, or go with the new company, and I guess the companies will be allowed to come around and sell. Commissioner De Yurre: And do that individually? Mr. Bryson: Yes. I guess, you know, it's not an issue with us. Commissioner De Yurre: OK. Commissioner Dawkins: OK. Vice Mayor Plummer: OK. Thank you very much. Charlie, quickly. Mr. Cox: The one question I have is... because Mr. Dawkins is correct. I do t.. have three members that are upset that they don't have Midwest any longer. Vice Mayor Plummer: They can still have Midwest., Mr, Cox: But they tried, OK? - and they will not take them unless it's payroll deduction. m' :. Vice Mayor Plummer: So that's their choice. Mr. Cox: OK. { Commissioner Dawkins: No, hell no, it's not their choice. q Mr. Cox: In other words, Midwest will not take anybody... Commissioner Dawkins I mean, how can you tell three members of this organisation that you're going to check off the dues... I mean{ the prepaid r; a - legal insurance for this group, and because I want to use the other Group,.. �a and I am going to .say it, who just happens to be black. Just happens, I �nsat�, K� 29 Msroh 1, r 5 it just happened to be black now - ain't nothing racial about it, but I can't gat around the fact. And now, because you want to use them, and because you feel within your heart perhaps, that you cannot keep up with your money, and you want payroll deduction, but we can't deduct it for you, but for the rest of the people over here, I am going to deduct it, so you have no pre -legal insurance. Vice Mayor Plummer: It's the old story that the losers cry deal, and the winners cry, let's go home. Midwest has lost out with their right with AFSCME. Commissioner Dawkina: No, they never had... OK, all right, go ahead. Vice Mayor Plummer: No, they negotiated with them, this is what I understand. — Commissioner Dawkins: All right, I'll tell you what. Vice Mayor Plummer: The majority ruled. Commissioner Dawkins: Mr. City Attorney. Mr. Fernandez.: Yes, air. Commissioner Dawkins: Find out how to draft legislation for me, that creates an entity that will provide a prepaid check off for any member in the City of Miami workforce, who is desirous of having prepaid insurance, but does not have a bargaining agent who is desirous of getting into the rat race. And how we can have a one catchall position for those who do not want this, but their unions don't want to get into it, and they need a check off. Prepare that for me for the next meeting. Vice Mayor Plummer: You understand that, Mr. City Attorney? Commissioner Dawkins: And I move that this be deferred until we can come back with that. Mr. Fernandez: Yes. Vice Mayor Plummer: Well there is nothing before us. There is no motion before us, there is nothing to defer. Commissioner Dawkins: Well, there was a... OK. Bring it back to the next meeting. Vice Mayor Plummer: Bring it back to the next Commission meeting. Thank you. Let's got into the regular agenda. ---...--r.------�r.��..., 4. (A) RECONSIDER ORDINANCE 10842, WHICH AMENDED 10794 TO FORMALIZE COMMISSION ACTIONS AND IMPLEMENT OTHER AMENDATORY CHANGES (Tax anticipated notes) TO THE ANNUAL APPROPRIATIONS ORDINANCE FOR FY 190-91 (Ordinance immediately reconsidered, passed and adopted as 10852). (B) SECOND READING ORDINANCE: AMEND ANNUAL APPROPRIATIONS ORDINANCE (10794) - FORMALIZE COMMISSION ACTIONS / IMPLEMENT OTHER AMENDATORY CHANGES FOR FY 190-91. (C) DISCUSSION CONCERNING ADMINISTRATION'S PROPOSED STRATEGIES TO MEET BUDGET SHORTFALL AT BEGINNING OF YEAR. i6 ------------------------------------------------------------------------------ Commissioner Dawkins- OK. I have... anybody got a pocket...? I've got a pocket item if nobody else has one. Commissioner Dawkins: Mr. Dawkins. Commissioner Dawkins: What was the number of that tax anticipated note item at the last meeting Madam Clerk? Ms. Matty Hirai: The memo that we gave to you? Commissioner Dawkins: Yes, ma'am. - — Ms. Hirai: Hold on just a minute. Commissioner Dawkins: What was the number, 11? Ms. Hirai: Number eleven of February 14th. �- f Mr. Odio: Is Mano here? Commissioner Dawkins: What was the number of it? Ms. Hirai: Eleven. Commissioner Dawkins: OK, eleven. I vote to reconsider eleven. Vice Mayor Plummer: What was.eleven? rs Ms. Hirai: Excuse me. Commissioner? - Vice Mayor, Mr. Vice Mayor. This was Ordinance 10842. i > 3 - Vice Mayor Plummer: Relating to what? "- Ms. Hirai: It was duly passed, and I don't have it before me. Commissioner Dawkins: Tax anticipated... the sale of tax anticipated notes. 3,. Ms. Hirai: Yes. Vice Mayor Plummer: And you want to reconsider it? IJI Ms. Hirai: He wanted to reconsider the vote. He alerted our office, and... Commissioner Dawkins: Yes, because I want to change my vote. s _ Vice Mayor Plummer: You want to change your vote? s Commissioner Dawkins: Yes. Vice Mayor Plummer: OK. So, there is a motion now to... {, fir Commissioner Dawkins: To reconsider. `v Vice Mayor Plummer: ... reconsider PZ-11... ? No, item 11. Ha/_Hirai: Ordinance 10842, Prior vote on Ordinance 10842, s 31 March 14; 19�1 - Vice Mayor Plummer: OK. There is a motion made and seconded... Commissioner Alonso: Second. Vice Mayor Plummer: ... for revisiting, reconsideration. Call the roil. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 91-208 A MOTION TO RECONSIDER PRIOR VOTE ON SECOND READING OF ORDINANCE NO. 10842 (AMENDING SECTIONS 1,2,4 AND 6 OF ORDINANCE 10794, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991, FOR THE PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING OTHER AMENDATORY CHANGES). 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 i Commissioner Miriam Alonso - Vice Mayor J. L. Plummer, Jr. NOES: None. ~i ABSENT: Mayor Xavier L. Suarez. i� Vice Mayor Plummer: Commissioner Dawkins. i Commissioner Dawkins: OK. I voted for this although I promised that I would not vote to sell any more tax anticipation notes. I sent the Manager some — questions, and I will have him answer them for me now. Since 1984 Mr. Manager, how many tax anticipated notes were sold by the City? - Mr. Odio: Two years, in a row. Commissioner Dawkins: What were they...? Mr. Odio: Since 1984, we sold only last year, and this year. t Vice Mayor Plummer: Tax anticipated notes are the delinquent taxes on ad valorem? Mr. Odio: No. What we do, is we sell ten notes at the beginning of the year anticipating the revenues we are going to receive from taxes, and then as we receive the taxes, we pay them off again. We made a profit the first year of two hundred thousand dollars ($200,000) from it, by the way. Vice Mayor Plummer: And in the second year? s Mr. Odio: We don't know yet.1_ Vice Mayor Plummer: OK. Commissioner Dawkins. Commissioner Dawkins: OK. In each of the years, what necessitated the sale Ij of that... the notes? r... Mr. Odio: The lack of cash flow. We had not enough monies to most payrolls$ at, the: beginning of the year, where in the past, that's back in the early< '$O'a, we had enough cash reserves in the City to be able to cover theA, deficient cash flow at the beginning of the year. The tax notes go out, the tax year begins October lot, and it takes three, four, five months to receive the monies from that year. In the past, we had enough cash reserves to meet that.,. to cover that deficiency in the cash flow,', Commissioner Dawkins: OK, When you sell these tax anticipated Notes, do you incur any charges f { xt 32 March 14, 199: _ � �' •�� xt ^vim` i i f Mr. Odio: No, we make money out of it: Commissioner Dawkins: Do you charge... you do not pay money lenders...? Mr. Odio: Oh, no. Commissioner Dawkins: ... you do not pay for the sale of bonds? - sir, how touch... ? — Mr. Odio: Sure, yes we do. Commissioner Dawkins: Ott, how much do you pay, how much was that? Mr. Odio: Do you have the number? Mr. Carlos Garcia: For what? Mr. Odio: For what it cost us to sell the ten notes? Mr. Garcia: Two hundred thousand dollars ($200,000). Mr. Odio: It cost us about two hundred thousand dollars ($200,000) to sell them. Commissioner Dawkins: It cost you to sell them, two hundred thousand dollars ($200,000)? Mr.. Odio: Yes. Commissioner Dawkins: All right. So now, I'm going to read from your answer. E "When we sold these bonds, this additional interest income exceeded two hundred thousand dollars ($200,000) in 1990." Now you're telling me we spent two hundred thousand dollars ($200,000) to... Mr. Odio: What. I'm telling you Commissioner, is that the net profit after we sold the notes, even incurring all those expenses, was that we, the City, made a -profit, net profit of two hundred thousand dollars ($200000). Commissioner Dawkins: All right. What was the total budget for the City of Miami?. - total budget? a a Mr. Odio: For.1989? 9 Commissioner Dawkins: Or either... well, you can give it to me for 1990, .i Mr. Odio: It's two hundred and forty-five million dollars ($245,000,000). Y,. Commissioner Dawkins: .What? �. Mr. Odio:.-Two, forty-five. .`. Commissioner Dawkins: Closer to two sixty-eight. u: Mr. Odio: Or two sixty-eight. ' Commissioner Dawkins: Two six eight 'nine eight three five 'hundred and 'sixty- 9 five dollars. r .i� Mr. Odio: Right. Commissioner Dawkins; When you divide that by two hundred thousand, thm two hundred thousand dollars ($200,000) that you're telling meI made ae clear �yr profit? Ne Mr, Odio: Yes. Commissioner Dawkins; 1 get .0074 percent. IF . Kr., Odio: YesAl ; 3e �r zkd 4 Commissioner Dawkins: So when you tall the citizens that they made a great interest savings of two hundred thousand dollars ($200fOOO), they made .0074 percent, OK? Now, you said that prior to 1989, there was no need to sell these bonds - why? s t Mr. Odio: Because we had enough cash reserves in many accounts that could meet the deficiencies of the cash flow. Commissioner Dawkins: Name me three of those accounts, Mr. Manager. Mr. Garcia: GSA (General Service Administration), is one, Mr. Odio: You want to... Go ahead, I know we had a reserve in GSA, for... Commissioner Dawkins: All right, GSA fund. Name me another one. i Mr. Garcia: We had General Fund balance is higher than what we have today. Mr. Odio: Right. Commissioner Dawkins: General... Mr. Odio: Fund balance. Commissioner Dawkins: All right, that's two, GSA and General Fund. Name me another one. Mr. Garcia: We had some capital improvement funds which were discretionary, in the fact that they could be used for... they were not bond related funds, so they could be used on a temporary basis, to cover that cash gap in the General ! Fund. { i Commissioner Dawkins: OK. The temporary CIP (Capital Improvement Projects) bonds, you knew eventually, they would be used, is that right? Mr. Garcia: That is right, yes. Yes, sir. t Commissioner Dawkins: So therefore... OK, over the years, did_ these fund balances go down gradually, or did it happen all at one .time? Mr. Odio: They went down gradually. The last reserve we had in .GSA was just a year prior to me becoming City Manager. The budget was balanced by using all the reserves of . GSA; which was in the proximity of five point five .million dollars. So that reserve was depleted before I became Manager, and after we became Manager, we had lost the GRS, which is the General Revenue Sharing, which was an additional ten million dollars (�10,000,000) a year that we r received from: the federal government every year in a blank. check. We could " +, use it for anything- we wanted. We lost that in 85/86, so we found- ourselves ; - at the end of 190... and I'll just give you one number Commissioner, and �Vve been going around the City telling the... in-1986, the balance... the General Fund revenues was a hundred and ninety-three million dollars ($193,000,000). The projected revenue ;for 1992 is a hundred and ninety-four million dollars ($194,000,000), and you know what inflation we have had, and the cost increases that we have had in the last. six years, yet we have a:: ;:balanced budged: Commissioner Dawkins: OK. Knowing that there is going to be a... I call it:a cash shortfall, you call it a cash gap. Knowing this, why didn't we adjust} each year to ensure that there would be no shortfall for the three months? Mr. Odio: Because Commissioner, I am not Superman. I cannot balance a budget, OK? - creating atthesame;., with the shortage of revenues we have, �r We are almost at the top' -of the millage. We have increased revenues through lees; to be able to keep the budget balanced, that still wasnIt enough to ' create on top of that, a reserve to be able to meet a cash flow deficit the first three months of the year. I am telling you n6w Oommiasioner, :.that: AV( one can balance this budget or next year's budget, and at the same ;Visas, t create a reserve when you don't want to increase millage, which I understand, �z we don't want to increase fees, and I understand, but sospethng has toripe UO the price of giving that up,: is that you do not have onough room, tc ioreate - reserves, Not now, and not in the future either-,, 34 0 T Vice Mayor Plummer: How much was the total amount of those bonds? Mr. Odio: One was fifteen million, and the other one was fourteen -nine something like that. Vice Mayor Plummer: In other words, in one year you sold twenty-nine million dollars ($29,000,000) worth of... Mr. Odiot No. In the first year we sold fifteen, and the second year, we are going to sell fourteen point nine. - Vice Mayor Plummer: Yet you are telling us to take out those bonds, after all is said and done, we still have a profit?' Mr. Odio: Yes. Vice Mayor Plummer: We made money? :i Mr. Odio: We made money. In other words, it didn't cost us a penny. If the interest as Commissioner said, is 0.77... that's fine, it did not cost the City taxpayers one dollar to be able to meet our demand on cash flow, which is very heavy. Every money that we get in, goes to payroll. To meet the payroll, and the first huge payment that we have to make to the Pension Board, - October lat. We have to pay out a lot of cash monies, come October lat. Vice Mayor Plummer: Commissioner Dawkins. Commissioner Dawkins: Now that Commissioner Plummer is finished, I will continue. OK? The question now I ask you, number three. The tax anticipated notes are to be paid in 1991 from projected 1991 revenue. This means to me, we have used the 1991 revenue to pay for fiscal year 1991 expenses. Does this mean again in 1992, we will again sell tax anticipated notes? If so, then when would you discontinue this practice, so that we no longer have to sell bonds? Mr. Odio: Hopefully, if we win the lottery. Because what I am saying.to you Commissioner, right now, that the way the projections are, and I've been working on the budget now for three months, and I just don't know how the City ' of Miami could create a huge reserve of about fifteen million dollars ($15,000,000) additional to the already six million we have in the Fund — Balance, to be able to meet our cash demands the first three months. Commissioner Dawkins: Then there is no way? Mr. Odio: There is a way. Commissioner Dawkins: There is no way to balance the budget, or what" have r you, or to. have a... if you got fifteen million dollars f` shortage, for three months, if there was only a one month shortage, you would only have to sell five million dollars ($5,000,000) of anticipated notes. Mr. Odio: That is correct. Commissioner Dawkins: And you mean to tell me that there is no way in the " world for -you and your staff to adjust to this aLnual ninety day cash flow...- Mr. Odio: Yes, �. Commissioner Dawkins: ... that you have to- sell every year the anticipated.,.? - what happens...? OK, yes, go ahead, answer the question. f Mr. Odio: There is a way Commissioner, there in a way. We could increase our fund .balance by another ton million dollars ($I0,000,000), and I am telling you that as I see the next year's budget, that's impossible. The only other Way is the. one, that I have been trying to take the approach on, that we sell: to: the County on a package deal, a huge amount of dollars, say thirty or forty million dollars, place that into a trust fund account which cannot bo touchodo- and generate interest from that .monies to use it everyyear to balance the; budget, : and still. keeping our capital intact. We have to... I agree with y,oU. ffi Oommibsioner► we have to build up our reserves, but something has got to ate have to do something; with the garbage fees, we've got to do something, wit:: z tbl which you eannot do much; about it. .n►illago, r` i Yr wl I - 35 4 arch +" iigh _ �l Commissioner Dawkins: Wall why is it that every time we talk of having to do something, you don't pick on nobody but the garbage, Sanitation? j Mr. Odio: Well, because we... Commissioner Dawkins: You don't pick on police, you don't pick on fire, you don't pick on parks and recreation, you just pick on the garbage. We just have to do... we've got to get rid of the garbage department... Mr. Odio: No. Commissioner Dawkins: ... every time there is a shortage, why? Mr. Odio: Because we are providing a service greater than we were five years or six years ago in the Solid Waste Department, for less money than ever before in the history of any garbage fees. The County charges... Commissioner Dawkins: You're not providing more police service, and more Fire Department service, at the same thing? - you're not doing that? Only the garbage department is the only one where services are being provided more of? Mr. Odio: Commissioner, we created in the past five years, twelve million dollars ($12,000,000) a year in new fees, in new fees to be able to balance the budget. That has not been in Solid Waste, it has been in other departments. Commissioner Dawkins: What fees were they? Mr. Odio: In Building and Zoning, to think of one, in every single area of the City that we could charge fees, we have included them. I'd be glad to send you a list that adds up to a total of twelve million dollars ($12,000,000) a year. Commissioner Dawkins: But the only one that the household taxpayer gets saddled with, is that users fee, or whatever you call, tacked on for garbage - nobody else. I mean, the... Mr. Odio: Well, but at the same.. — Commissioner Dawkins: ... one in Building and Zoning, does not impact on homeowners... Mr. Odio: You know Commissioner... Commissioner Dawkins: ... the others that you're talking... the only ones -:` that users fee, that you... that we put up are those users fees that impact on `- the homeowners for garbage service. Mr. Odio: That is correct. But you also know Commissioner, that we were ' paying the County five years ago, about sixteen dollars a ton, and I could'be wrong on that figure, it could be lower. In fact, it's lower than that— for disposal of our garbage, and now in the year 190, we are paying forty-two dollars a ton, and I've been told they are going up next year. So, who is going to pay for that? I am asking you, who is going to pay for that? + Commissioner Dawkins: See, but you're getting me into something that I will deal with later, but I have no problem with telling you now. You keep telling me that the County needs the golf course to expand the airport._ Mr. Odio: No. I'm telling you, we need the money from those golf courses, and the properties, so that we can have a trustfund, so that we can have k three or four million dollars a year. Commissioner Dawkins All right, let me... all right, ' g 6 , since you're saying that, let me tell you what I'm saying then. I am saying that in 'order for the $; sad -� airport to expand, the airport p needs the golf course. There I keep saying p over and over, the City of Miami gave the Port of Miami to the County. The { County makes many, many dollars and the City receives no benefit from it, The F* airport, the County gate all the money it needs from the airport, and the Citq gets nothing. So there is nothing wrong, see, You're talking about gall hg � lard; now and getting an immediate piece of money. if the County, bdIn$ the , 34 March 140 199l y _ 4 s good partner of the City that it is, needs to expand -the airport, then all it has to do is give me ten percent of the net profits through the airport every year from now until eternity, and I'll give them the land. And then the City of Miami receives a return each year. Just like the little bit of land the = City gave the County for the port, and now the County has dredged, and they've got more land in the port than we've got in the City of Miami. Vice Mayor Plummer: Be careful Commissioner, Sherman Winn is having a heart - attack. Commissioner Dawkins: No, that's my friend. Sherman knows that I am right. But anyway, the last question Mr. Vice Mayor. I said that New York, Boston, Massachusetts, and Philadelphia, got problems. I asked you, did their problems start with the tax anticipated notes? What was your answer, sir? Mr. Odio: The answer to that is no. The problem that they have in New York, Philadelphia, as you mentioned, Philadelphia is going broke, is because of lack of... well, I'd better keep quiet on that one, but the problem is that they have a multitude of reasons for going under. If they do go under, one of the reasons is that they did get into a deficit finance situation which were not by any means, our ways. We are not in a deficit financing situation where they were. Commissioner Dawkins: OK. We are borrowing money for ninety days to pay expenditures, and that's not deficit spending? Mr. Odio: That is not deficit spending, Commissioner? Commissioner Dawkins: OK. If you... I wish you could explain that to those people who got credit cards, and are in bankruptcy. If you know how to do that, that's great. Mr. Odio: What we are doing with the tax anticipation note is saying, we know we have a hundred and ninety-five million dollars ($195,000,000) coming in, we need... Commissioner Dawkins: Well what happens if the quote unquote "anticipated revenue" let's just say a hundred thousand people -lose their jobs, and cannot pay the taxes, and we don't have the money, you borrowed, fifteen million dollars. What happens then? Mr. Odio: Unfortunately, you know that property taxes will be paid one way or the other. If they don't pay one way, we will put a lien on the property, we i sell the liens and we get our money. Commissioner Dawkins: All right, so now you've sold fifteen million dollars I' ($15,000,000) worth of bonds, and instead of having fifteen million dollars ($15,000,000) worth of revenue, you receive twelve million ou're three million dollars ($12,000,000), and ��- y ($3,000,000) short, what now? 3 r Mr. Odio: That cannot happen. We know we will... the tax anticipation notes are covered by a ninety-five million dollars ($95,000,000) revenue, and we know we are going to get most of our monies, the first four months of the k year, so I am not concerned. If we were to get into a position that I knew 'f that we could not pay for the ten notes, I would not bring them to you. We t would have to find other solutions, like layoffs, or whatever, which is a bad k word, but something has got to give here, Commissioner. y? Commissioner Dawkins: That's M . reat g y only problem is, you, as the Manager, should find a way to manage. That's all I am saying. Mr. Odio: That's exactly what we have been doing, that we have managed to i J balance a budget in the year of 191, with the same dollar that you had in 186, '- Commissioner Dawkins: You do not have in my opinion Mr. Manager# you do not have a" balanced budget when you bring me a budget that's fifteen million dollars ($15,000,000) short. Mr. Odio: That's has nothing to do with the budget. Commissioner Dawkins: That is not... OK. Well, in my.. the little, accounting 101, I had in college, that's not a balanced budget. =z '. x 37 Hasoh Mr, Odio: In mine which was Florida Memorial,.. Commissioner Dawkins: OK, maybe, all right, well then,.. Mr. Odio: said that you are not getting into a deficit position by... Commissioner Dawkins: No, no, no, sir. I said that is not a balanced budget... Mr. Odio: It has nothing to with the budget, Commissioner. Commissioner Dawkins: ... when you bring me a budget that's fifteen million dollars ($150000,000) short, and at the first quarter of the fiscal year, you are borrowing fifteen million dollars ($15,000,000) to even things out. That's not a balanced budget. No further discussion, Mr. Vice Mayor. <s r Mr. Odio: That is not the budget, that is cash monies. That is a big difference between cash flow and a balanced budget. Vice Mayor Plummer: We have cut out discussion, now. Commissioner De Yurre: Just for the record, you know, I took accounting 101 at the University of Miami. Vice Mayor Plummer: Seems like to me, if we sold fifteen million, and we made two hundred thousand, we ought to try to sell some more. Mr, Odio: Thank you, sir. Vice Mayor Plummer: You know, one point you didn't bring out that I think would be very, very important to the discussion... Ms. Hirai: Mr. Vice Mayor, the microphone please. Vice Mayor Plummer: ... is the fact that we have a five percent reserve built into every budget for that possible nonpayment. Is that correct? Well OK: Now, that leaves us with the fact of what are we going to do with _item'" 11; since` it's now up for reconsideration. The floor is open for a motion to either approve it, or to disapprove it, so the floor is open - or have you've already sold them. Mr. Fernandez: Well but the proper procedure would be for you again to move item 11, because... Vice Mayor Plummer: I'm saying sir, either somebody makes a motion to approve >. it or disapprove it, and the floor is open. No action means that nothing happens. w, - Commissioner De Yurre: I'll move it. i Vice Mayor Plummer: Moved by Commissioner De Yurre. Commissioner Alonso: Move to... ^ Vice Mayor Plummer: to approve. s Commissioner Alonso: ... approve. Second. r ViceMayorPlummer: Seconded by Commissioner Alonso. Since Commissioner - Dawkins has cut off discussion... sir, as a member of the public, you wish to address this issue? Sir, you have one minute. Mr. Manuel Gonzalez Goenaga: My name is Manuel Gonzalez Gosnaga. When I see, fad was surprised that when this City of Miami, with only a budget of two hundred million dollars ($200,000,000)... Y ` Comraiesionor De Yurre: Do you have an address? F Y Vice Mayor Plummer: Your mailing address, sir. 6 . k Mr. Goenagai 227 Santillane Avenue, Coral Gables. �S 0 Mice Mayor Plummer: speak. All right, sir. Mr. Goenaga: yes. 'Thank you very much. Vice Mayor Plummer: But even briefer. We will still give you the right to Mr. Goenaga: The thing is, that this City, and my consideration is, that taking... if we view everything together, the City, Dade County, the State of Florida, I think it is about time that the State of Florida in conjunction with the City and Dade County, consider to create an agency, exclusively to govern all this public authorization for the bonding situation. A total coordination, because... Vice Mayor Plummer: There is presently the Sunshine, and what is it called? - Sunshine State...? There is existing at this time, air, the Sunshine State Financing Committee, so that is... Mr. Goenaga: Do they have to approve this type of issue? - bond issues? Vice Mayor Plummer: No, air. They have their own funds which they can make available. Mr. Goenaga: Because the situation is that, I mean, if each municipality, City issue bonds, sooner or later, we are going to get hit with these bond counselling things, and this analyst that we could drop the rating of the bonds, and sooner or later, it will affect everybody. I would say that this agency that you just mentioned, should have more of a leeway to control all b these bond issues, in order to protect the ratings of all the onus issued by the State, by the government, and all the different municipalities. Otherwise, we are going to be in a big trouble very soon. Vice Mayor Plummer: Thank you, sir. Mr. Odio: Yes, but I don't know we want to be thrown in the other pot, because we have an excellent rating in the City of Miami. We have a double A rating, we want to keep it that way, an A plus on the other rating. Most cities right now are going under, and they are below the BB rating, which is very, very bad. Vice Mayor Plummer: Call the roll. Mr. Goenaga: We should prevent rather than remedy.- I am not talkingabout the present. The thing is, that we have to be prepared for the future. Vice Mayor Plummer: Call the roll. *= Mr. Fernandez: Pardon me, Madam City Clerk, before calling the roll, we have to read the ordinance as ,a second reading -of that ordinance. Vice Mayor Plummer: Read the ordinance. Any further discussion by the Commission? Hearing none, call the roll. ' AN ORDINANCE AN ORDINANCE AMENDING SECTIONS 1, 2, 4 AND 6 OF r. ORDINANCE NO. 10794, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,, .. 1991, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, FOR THE :y. PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING OTHER AMENDATORY CHANCES; 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 ssdtion, of Commissioner De Yurre, seconded by Commissioner Alonso, the 3' Ordinance was thereupon given its second and final reading by title and passed ;A� adopted by the following votes M p s �{ 39 i Y i Commissioner Victor De Yurra Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Commissioner Miller J. Dawkins Mayor Xavier L. Suarez. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10852. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Vice Mayor Plummer: Why the hell didn't I go to Kuwait? Commissioner Dawkins: To stay. 5. PRESENTATIONS: (A) KEY OF THE CITY TO HAITIAN MAYORS: JEAN WALOMER SYLVESTRE, DR. — LUCARION JEAN-BAPTISTE, LYDIE PARENT, HARRY PRECIUS DESIEU, ULRICK THEME. (B) MARCH DESIGNATED: SAVE YOUR VISION MONTH.- ------------------------------------------------------------------------------ 1. Presented: Keys to the City issued to Mayors from Haiti: Mayor Jean Walmar Sylvestre of Jeremie, Mayor Dr. Lucarion Jean Baptiste of Gonaives, Mayor Lydie Parent of Petion-Ville, Mayor Harry Precius Desieu of Carfour, Mayor Ulrick Theme of Port-de-Paix. 2. Presented: Proclamation making the month of March 1991 "Save Your s Vision Month." — ---------------------------------------------------------------- 6. AUTHORIZE INTERLOCAL AGREEMENT BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, AND VILLAGE OF BAL HARBOUR, AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. - BUREAU TO CARRY OUT CONVENTION PROMOTIONS, :BOOKING AND SALES ACTIVITIES - ALLOCATION OF $100,000 PER YEAR TO COME FROM METRO DATE TOURIST BED TAX FUND (See _ R; label 51). ------------------------------------------------------------ --------- --- Vice Mayor Plummer: All right, let's go to work. Commissioner Sherman Winn our distinguished colleague from big brother downtown. - What item number was that, Sherman? Mr. Sherman Winn: That's forty-four, Mr. Vice Mayor. , $,. ` Commissioner Alonso: Forty-four. Vice Mayor Plummer: Forty-four. As.normal courtesies of this Commission, we_ 5 always try to get our colleagues in and out as quickly as possible. Mr. Manager, Commissioner Dawkins: Lucia Dougherty, would you translate for him please? y=, ' x `} 3: Vice Mayor Plummer; Mr. Manager, item 44. Is the agreement... the Interlocal f Agreement, which is long standing...' Mr. 00io; Yes. Vice Maypr.Flummer; ... between this Commission and in fact, the... it's here for. diacu Paton, not for action. K p. —� 4larGh+�t+ - - ,u. "x-. i .. .,. _ ,•. ( .. Lip .. 7-S x.'.La#=t7�*" _.� Mr. Winn: Well hopefully, number one, before we get to that point of discussion, I would like preface on my remarks. First of all, let me just say that, thank you, and to you Mr. Manager, and to you, County Commissioners. { Number one, I am very happy to be here, and listening to the remarks... = Commissioner De Yurre: Excuse me as second. Do we have... J.1.., do we have - any problem... what time was this originally scheduled for? by bringing it up earlier. — Vice Mayor Plummer: After three o'clock. But it's here again, it's only for - discussion, Victor, It's not on for approval. Mr. Odio: It's not on for... Commissioner Alonso: No, but they were hoping that we were going to take - action today. r Mr. Odio: I would that you would approve it today, if you can. Commissioner Alonsot Yes. Commissioner De Yurre: Well, can we listen then, and then take action after 3:00 p.m. Mr. Odio: Yes. Vice Mayor Plummer: We'll listen to him and then what we will do is this. We will, if a motion is made to approve, we will so accept it. At three o'clock, - we would ask if there are any objectors, and if such, we would revisit. But other than that, if the motion is to approve, then we would proceed. Mr. Odio: Commissioner, since you asked me, let me preface Commissioner Sherman Winn that this is the first time I... - Vice Mayor Plummer: Cesar, would you be quiet. He was.about to say something nice about this Commission... Mr. Odio: OK. Vice Mayor Plummer: .., then you can speak. Sherman, you have the floor. { Mr. Winn: OK. Thank you very much. I just... I got here at the opportune moment I guess, when I listened to all the discussion, and I was very intrigued as to all the thing that are happening between the County and the City. You know, just the other day, it was a great privilege and an honor for us all to see the opening, and I sat there with my friend, Miller Dawkins, to see the opening of the new bridge. And his remarks are very cogent to the fact that the City did have that port manyyears ago, and the City did give the port to the County. Same thing with the airport. And I am sure- we are all benefiting with thefruitsof the development of the Seaport and the development of the airport. There is no question in our mind that we are working together now, and I as 'a... been there now, my seventh year, and twenty-sixth year in this year, business of being a representative of the F; people, and I thank you on behalf of my Mayor, and on behalf of the entire County Commission that the working conditions that we have had together between the City of Miami and the County, and Miami Beach, in my opinion, as a professional and tourism is extraordinarily appreciated by ail. And=why I''am n here today is... number one, is that we are facing once again the Interlocal Agreement which has been a part of the City of Miami, the City of Miami Beach, the Bal Harbour, and the County for some years now. And I am sure that when n the next speaker comes up to give you some of the information:that pertains :to � what is going on in this community to today, I am sure that the City of Miami will be well pleased with the type of increase and revenues that we are bringing forward to you. Vice Mayor Plummert Sherman, let the see. Doej any of the Commissioners:h ve a problem, or questions? 4' - Commissioner Alonso: No. I had some problems, and I think we have resolved the problems. It was that the real contribution that the City of Miami M,4*001 and it is included now in the tent of the agreement... } 41 t s yy r n S� MOi Mr. Winnt Right, Commissioner Alonsot ... and I have no problems after that. Mr. Winn: Right, Vice Mayor Plummer: Does anybody else have any questions? If not, the floor is open for a motion. I don't want to hear merit. I mean, you know. Commissioner De Yurre: Move it. Mr. Winn: I really don't blame you. Commissioner Alonso: If we can take a vote now before three, I would like to make a motion to approve... Vice Mayor Plummer: Yes. We will take a vote now subject to the administration reminding me at three o'clock. Commissioner Alonso: ... the Interlocal agreement as presented to us. Vice Mayor Plummer: The motion made. Is there a second? Commissioner De Yurre: Second Vice Mayor Plummer: Seconded by Commissioner De Yurre. Commissioner Dawkins: Under discussion. a Vice Mayor Plummer: Under discussion. Commission Dawkins. p.. R . _i Commissioner Dawkins: I'd like to say to my good friend Sherman, I have never come to the County with a problem related to the City of Miami and the County, that you have not been responsive, Steve Clark has not been responsive, Harvey Ruvin has not been responsive, OK? - but I have hell of a problem with Joe Gersten, OK? Mr. Winn: I recognize that at the last meeting we had. Commissioner Dawkins: Joe Gersten is not responsive in my opinion, to what's for the betterment of Dade County -and the City of Miami. And "until.. and I don't understand how one man can browbeat eight members of that' Commission, and hold up legislation that benefits the City of Miami. I don't understand it. Bet yet, that one man Sherman sits there and deliberately oppose every piece of legislation that benefits the City of Miami, and I'have a problem with that. Mr. Winn: I understand, because I think we went through that a few months back, and you came before us, and I think after you did come before us, I think we expedited this here. Commissioner Dawkins: He has still held it up, Sherman. Mr. Winn: Yes, I understand that. You know, one cannot speak for another, one can't even speak to another. Not only speak for another, but speak to another, and you are sitting up there, and you understand what I am saying, I am sure everybody else understand what I am saying. And at this particular s time, 'I am not my brother's keeper, and I speak for myself at all times, r5 and... Vice Mayor Plummer: All I've got to tell you, God forbid if any harm should k come to Joe Gersten. I know who they are going to look for first. '. Mr. Winn: If you have no more other questions, I appreciate... t ,b Vice Mayor Plummer: Uncle Milty, do you have anything to say, Milton Vtkora? " i. Mr. Milton Vikers: No, sir. d Vice Mayor Plummer: Nothing? OK, it's nice to ace you, Milton, fit` 42 Marob 14G n � � F Mr. Wing: Well that's OK, I know how it's going to come. Vice Mayor Plummer: Oh. Mr. Winn: I am sure that the Interlocal agreement will prove very satisfactory to all of us. Thank you, and God Bless. Commissioner Alonso: It's always a delight to have you visit us in Miami, Commissioner Winn. i Vice Mayor Plummer: Is there an ordinance, or is it a resolution? Mr. Winn: And come to Dade Day. Commissioner Alonso: All right, I will. Vice Mayor Plummer: All right, motion to approve. Call the roll. Thank you. - The following resolution was introduced by Commissioner Alonso, who moved its adoption: _ - RESOLUTION NO. 91-209 i A RESOLUTION WITH ATTACHMENT(S) AUTHORIZING THE CITY —� MANAGER, ON BEHALF OF THE CITY OF MIAMI AS A PARTICIPATING PUBLIC AGENCY TOGETHER WITH METROPOLITAN DADE COUNTY, THE CITY OF MIAMI BEACH, AND THE VILLAGE OF BAL HARBOUR, TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., UNDER 4 WHICH AGREEMENT SAID BUREAU IS TO CARRY OUT CONVENTION PROMOTIONS, BOOKING AND SALES ACTIVITIES ON BEHALF OF _ THE PARTICIPATING PUBLIC AGENCIES, THE TERM OF SAID AGREEMENT TO BE FOR A THREE YEAR PERIOD, WITH FUNDS j` THEREFOR BEING ALLOCATED IN AN AMOUNT NOT TO EXCEED $100,000 ANNUALLY FROM METRO DATE -TOURIST BED TAX FUND MONIES. (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. NOES: None. };Q{ t ABSENT: Mayor Xavier L. Suarez.' :r- _ - 71- r t t e. r a -4 43 14, 190,'. h , t ' 0 a ----- - - - - - - - - - - - - - - - - - - - - - - - - - - 7. EMERGENCY ORDINANCE: AMEND 10782 - INCREASE APPROPRIATION TO CAPITAL PROJECT: SOUTHEAST OVERTOWN / PARK WEST 7 AND 9 STREET MALLS BY $200,000 (FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN PROCEEDS). Vice Mayor Plummer: Now, let's go back and start with the regular agenda. Item number three. Capital Improvement Appropriations Ordinance, increasing by the total appropriation to the Capital projects entitled "Southeast Overtown/Park West 7th and 9th Street Malls." Mr. Odio: These funds are needed to construct an additional block of the 7th Street Mall that will enable the City to complete the full 7th Street Mall, from I-95 to the Overtown Transit Station. Commissioner Alonso: I so move. Vice Mayor Plummer: Moved by Commissioner Alonso. Commissioner Dawkins: Second. Vice Mayor Plummer: Seconded by Commissioner Dawkins. Any discussion? Commissioner De Yurre: Discussion. Vice Mayor Plummer: Discussion, Commissioner De Yurre. Commissioner De Yurre: Do you have a transparency to show it on the screen? No, no, I'm talking about, what it is going to look like. Mr. Jack Luft: What it is going to look like? Commissioner De Yurre: Yes. Vice Mayor Plummer: Bringing to your attention, it's an emergency schedule, it's an emergency item, we will take all votes of the Commission, four -fifths. Commissioner Dawkins: No kidding. You're not going wait for the Mayor? Vice Mayor Plummer: You can always go back to a single reading - If you've got three votes. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Hirai: Excuse me. There is a lapel mike that perhaps you could use. Vice Mayor Plummer: Item three and four are somewhat related. - Commissioner Dawkins: Three and four? Commissioner Alonso: No, it's the sidewalk cafe. Oh well, we'll see, somehow. Mr. Luft: Seventh Street, between... Commissioner Dawkins: Is,four to one within controversy, Mr. Manager? Is four to one, within controversy with.,. Mr. Odio: No. The only question of four is, and I asked the question when I saw 'FNM in my agenda item, I said, why do I have to do...? Commissioner Dawkinss Yes, but what is that thing? - southeast or some other k. Part that we were... who contest... one of these is being contested, I don't know which one it is. Which one is it? t Mr. Odio: No. This one, to my knowledge,.. Vice Mayor Flummers What was the one in the paper? t ti y- 0 Commissioner De Yurre3 tell me.,. Commissioner bawkins: I don't know. Where is it? Mr. Odio: PNM is number four, Commissioner Dawkins: Where is the guy from the local union? Mr. Odio: We have no choice. You have one choice. Either to award the bid for the lowest bidder, or reject all bids, Vice Mayor Plummer: No, sir, I don't think that's true. Mr. Odio: That's what I believe. Vice Mayor Plummer: I think that we have a latitude of the lowest and most responsible. Mr. Odio: Because PNM was the lowest and most responsible. Vice Mayor Plummer: Well, that's what you say. That's our determination, Mr. Odio: Fine. Vice Mayor Plummer: Thank you. Vice Mayor Plummer: Mr. Luft, will you answer Commissioner De Yurre's question? Commissioner De Yurre: What I'd like to know is, now, show me on the screen ' where this property is at? Mr. Luft: All right. This project here is Poinciana Village on 3rd'Avenue and 8th Street. Seventh 'Street, along and adjacent to Poinciana Village is one of the blocks we will be improving, that's the left one on bottom., - Commissioner De Yurre: Yes. Mr. Luft: The second block which connects it to the transit station on-7th Street, is between the two blocks that are now out for bids for construction of six hundred new units of housing. And the third piece of this improvement lies between Arena Towers and Biscayne View apartments, on 9th Street. That - goes from east -or West lot Avenue to Miami Avenue. Commissioner De Yurre: OK. Now, you're going to create a parklike setting? is that correct? Mr. Luft: That's correct. Commissioner De Yurre: What protection, and I have talked to the administration. What are we going to do about keeping it safe for people to go flown there and enjoy it for what it's designed? Because my question is, is this :going to become another Bicentennial'. Park? .If this_is is going to become ' another Lummus Park, then you've got trouble with me. Mr. Odio: I think the high : use that - it would have, 'would prevent .:I rom f �` happening. I remember when'Bayside was developed, that we 'were worried.` -about w` .4' security and the argument..., even from the police department, that the high - use will keep some people away. I hope that the high use here of the traffic < x of people, and plus patrols that we would have to have would keep this under ; control, Commissioner De Yurre: Is there any way... these properties that we are {w g are strips which would s pretty much to would belong to each side of the c� Whoever owns the north ids f the b is k block? pretty much gi ing ip hail . looking of that street. Isn't that so? Mr, tuft: Yes. Commissioner De Yurre: Is there any way that...? ; � no. Not on the corner, Na, � r 45 Match tA� -- 4 E¢ i Mr: Luft: The street is already ours. F Mr, Odio: The street is ours. We have to buy the... show him which one we 5 have to... Mr. Luft: The City purchased this block and this block, and put those out for r bid. The street has always been there. We have always owned that. Commissioner De Yurre: That isn't Poinciana Village sitting on one of the sides? ,r Mr. Luft: Poinciana Village is here. Commissioner De Yurre: OK. Who owns that? is Mr. Luft: That's Mr. Weitzel and Indian River development. j` Commissioner De Yurre: OK. The point that I am trying to get at is, is there any way, since this is to benefit the people in those properties, in those buildings, is there any way that we will be able to work at a deal that we can i legally deed this to them, and that way, we don't run any... you know, there _ i is no problem of any vagrancy going in there? - because it's privately owned property. And they can have security, and they can police it to where there is nobody going in there other than the people that's meant for that live in those buildings. Mr. Luft: The only way to do that Commissioner, is to abandon the street right-of-way, and in abandoning it, it would then revert to the adjacent property owners, and would be closed forever, as a public right-of-way. That's the only way to do it. x x. r Commissioner De Yurre: I'd like... you know, I have a grave concern with what's going to happen with that property once this is done, and I would like A to explore legal alternatives in order to make it happen the way it is { - supposed to happen. Mr. Luft: -Just so you understand, two of the three blocks are designed... and one of the three is already built to have retail services along them, neighborhood shops. So it would be impractical for at least two of those 4, blocks to close them. Vice Mayor Plummer: Do you want to defer it? Commissioner De Yurre: Yes. Vice Mayor Plummer: Motion to defer. Is there a second? ' Mr. Luft: Commissioner, we... - ..Vice Mayor Plummer: Is there a second to the motion to defer?. - `ii`: Mr. Fernandez: You understand that by deferring number three, you are also deferring number four? .; 1 ° Vice Mayor Plummer: Excuse me. Is there a second to the motion to defer? 3� Third and final time. Is there a second to the motion to defer? Motion dies for the lack of the second. Proceed, Mr. Luft. �? Mr. Luft: Did I answer your questions about where it's at? a' Commissioner De Yurre: You have answered, I am looking. I know what you want... Mr, Adio: Just a minute. Let me ask you a question Commissioner. You are ' concerned that the property that we are going to develop is z� x: .,] - 46.- A maintained and kept safe, the adjacent homeowners, the going to be next to it, and maintenance of or something Maybe the alternative would be to have to talk to ones that are... or the building owners that are gee if they would like to become responsible for that could be... i Commissioner De Yurre: Well, the maintenance and the legal... j, Mr. Odio: That would be easier. 1 Commissioner be Yurre: ...you know, I don't want to end up in court again like we were yesterday and we're still in there with this homeless situation. =. Mr. Odio: I don't want to... Commissioner De Yurre: Eh? And I don't want this to be taken over like Bicentennial Park and, you know, we understand all the ramifications of all that's happening, but, you know, there has to be... You know, if we have any kind of vision, we can see... Mr. Odio: You cannot stop... — Commissioner De Yurre: ...that this could be a potential problem. Mr. Odio: But, what you're... Commissioner De Yurre: And we have to secure that. — Mr.Odio: But, you're creating a pedestrian mall, that's for people to walk freely through. It's not to close it off to people. Commissioner De Yurre: But aren't there some other park like areas? Mr. Luft: Yes, this will be an important pedestrian access for all the blocks: Commissioner Dawkins: Is this something that was promised in conjunction with the development of the Overtown/Park West. Isn't this a part of the overall plan'? Mr.` Luft: Yes, it is. Commissioner Dawkins: So, therefore, to yank this out you are removing apart of that which was initiated as a part of the plan. Is that right? Mr.' Luft: That's correct. - Commissioner De Yurre: Yes, but we're not talking about yanking` it out, „. Miller. I'm just trying to, you know, I want to have it built... hold it, 4 hold`it. E Mr. Luft: Commissioner, we do have a budget. T Commissioner Dawkinss Um hum, OK, well, OK, so now on each side of the mall,+� as Commissioner De Yurre'says, what's going to be on each side.of the mall? kl } Mr. Luft: On this block, the current development proposal we have. is for � � 15,000 square feet of neighborhood retail shops, ,commercial services, on both sides of this block of 7th Street. And already built on the north side of 9th a Street is 20,000`square feet ofretail: _ Commissioner Dawkins: Retailing what?° { Mr. Luft, Neighborhood local commercial services. Drug, stores, cleaners, video rental stores, that sort of thing. f ' Commissioner 'Dawkins: Now, getting back to Commissioner De Yurra's question-, Wino owns... who has title to the properties? both sides of the Street, ` �41 Mr. �lufti The City of Miami, P z Com4a asiAnor DawXiaa: We have title to all of it. � _rY n;e,�z' s 04 i. 07 111,E 0-} a Mr, Cdios Weil, the Commission, Vice Mayor Plummer: Chief Procurement Officer, according to the law that was handed to me, He, and he alone, have that right to make that decision, The =. only right, according to what I am being told, is that we have is to throw the bids out, Mr, Odio: That's what I'm told, Vice Mayor Plummer: And I don't know that that's such a bad item, Commissioner Dawkins: I don't disagree at all, so I'll make a substitute motion, ryr. Vice Mayor Plummer: Substitute motion. Commissioner Dawkins: I substitute that we throw out these bids and start _ over, Vice Mayor Plummer: OK, is there a second to that motion? I'll second the motion. Commissioner Dawkins: Motion that we throw these bids out and start over. Vice Mayor Plummer: Right. Commissioner De Yurre: We got to make a point now. I can see that we get sued with this company, and we win, then I can see, you know, getting rid of this company because they did wrong. But if we end up in a lawsuit and they ! win, they must have been right. Vice Mayor Plummer: It.'s my understanding, as I recall, that it was an out..of court settlement. Mr. Jorge Fernandez: Correct, it's an out of court settlement, but let's keep 4- r clear ,one thing.:That the reason that this motion ,is being made has nothing to do otherwise with the qualifications or responsibility of the 9 P Y Person that's f. being recommended here. i .. _ Commissioner Dawkins: None whatsoever. } Vice Mayor Plummer: Oh, of course not. s Mr. Fernandez: Those two are totally unrelated decisions of this Commission. 3 Commissioner Dawkins: And I want it rebidded because I'd like to see if I k. could:, got more people to bidand these people may come in as the low bid k again... Yi i; ;i Yice Mayor -Plummer: But also. j Commissioner :Dawkins: ...but I think I have a right to say. that. I am s'E dissatisfied with this,.and I want to see it rebid, Vice, Mayor Plummer: I think there's another consideration that needs to be given, As I have seen with the construction people in the last 60 days, they, $ i are hµngry,for, business,. And. there's a good possibility that,the pries could } �t gQ: down based on - I've seen: as much as 20 and 30 percent reduction on cyst �. i factors - over the last 60 to 90 days, as there were prior to that. ;. Commissioner Alonso: Then maybe we should go for.. it. F vice Mayor Plummer: So I think there's a chance of getting a better price s than what we have here. �1 Commissioner Da Yurre: Yes, there's a fire sale on coffinsl 30 percent. off.-`_`ti ry j, yr i _ Vice Mayor Plummer: Yes, we have a fire sale on coffins. Iiow many would you Ulm? .:. The f ixet .one is free. 09:. discussion first on . the substitta d9Dt�flA'� n t -- Commissioner Alonno: Yes, I have a question. May 1 ask the depart 104t ' 9 i la u .t ► a► .the delay Qf. s ortia ,Usw FT90 .84? -even though w,� here 4 � ?®s�ribility that we might save some Money .. o �1'� � fz� 14 x - a". xk - F. Mr. Odio: You're talking..: Commissioner Alonso: ...what will do to the program... Mr. Odio: You're talking about... Commissioner Alonso: ...to the work that we are doing and delays in the construction... Mr. Odio: You're talking at least four to five months. Commissioner Alonso: ...'and the continuation of and -success of the plan that we have for the area. f Mr. Odioe You're talking a delay of four to five months. Vice Mayor Plummer: Let me ask this question. Why four to five months if ! you're going to out with the same identical bid... Mr. Odio: You have to go through the whole process just like if you were starting all over again. Vice Mayor Plummer: OK. Does that answer your question? I think your question was, how long would it delay? -and it was... Commissioner Alonso: Yes. May I have a professional opinion and do you think that, in fact, the City will be able to save an amount of money that will _ justify our going again through the entire process? -in order to save this money. I mean... Mr. Prieto: My feeling is, we would see roughly the same price. I don't think we would see any substantial changes. Mr. Odio: However, 'at the Orange Bowl, we expected at one time we had a pre - bid conference of two bidders, and I was surprised that all the companies are bidding`'on that project. That gives you an indication that the market... Vice'Mayor-Plummer: That they're hungry. Mr. Odio: .is hungry. _ ;i �t Commissioner Alonso: So you think we might save money?T Mr. Odio: You have the possibility... j Commissioner Alonso: So it's worthwhile to go for it. t .t Mr. Odio:You'could have the possibility, since now this number is out, yes, you have the possibility of somebody coming in lower. Commissioner Alonso: Yes, I'm really in the middle. I would like to go for, .€ the 'saving and the price that it has been offered to us before. But then, -i'M. also concerned about the `delays in this project. Can we continue to delay the work?i a Mr. Prieto: Let me say that if we're bidding in June, it's going to be a different"ballgame. The Aviation Department of the County is coming out Wit#� close to six hundred million dollars worth of work towards the middle 'and the �t I think this is a` good market for us now, It's not"`oin snd'of this year. g 8 $ :si, -.. to be as good downstream. It's a lottery, I can't really know what's going ` y� to happen." 4 Vice Mayor Plummer: You don't have a crystal ball,'nobody does. OK,"a:ny further discussion? The motion is a substitute motion to go beiok out 'to a4 rebidding. Yes, air, would you like to be heard? For the record, your nsms et�d mailing address, sir. k" f hsA h Mz'• dro Nar4uJo 14 olloir: Tip► nam4 is Pedro Net ajo Mueller. l'm owner ar � 3 ,the Qf rIW Corporation• x i} Yigay�lutrner�..; Yea, sir. Tour mail ink FS r 3 1 4y Me - , = 6 - Mr. Mueller: Yes, my address is 9870 S.W. 61hd Street. I would like to ask k the Commissioners, first of a11, I feel the way what I heard I feel that the = Commissioners and the City of Miami are penalizing us for having to go to = court, or to try to recover some monies that... Commissioner Dawkins: All right, let me first put you to rest, this Commissioner... Mr. Mueller: Yes, sir. Commissioner Dawkins: ...is not penalizing you for that. This is American way of life. The last arbitrator we have is the courts. Mr. Mueller: Yes, sir. Commissioner Dawkins: Anytime there is a difference of opinion, we have to go ' to court and the court lets us know who's right and wrong. Mr. Mueller: That is correct, sir. Commissioner Dawkins: You show me a person who never makes a mistake, I'll show you a person who's not doing anything. Mr.. Mueller: You are correct. Commissioner Dawkins: So we all make mistakes. I don't care who we are.. E Mr. Mueller: You are correct. Commissioner Dawkins: But my concern is that.... Mr. Mueller: And I agree with that a hundred percent. Commissioner Dawkins: ...that two million dollars for this project, I just ' feel that we could bid it and get a lower price. Maybe even from you. I don't know. i Mr. :Mueller: OK, that's not my understanding. Since the beginning, they # mentioned the name of PNM Corporation. It seems like you people have already_ in :yourmind that we are bad people, and that we are... that's the way that it's being, sir. It's nothing new about that. That's the way it is. Commissioner Dawkins:- All right, let me ask you another question. Mr. Mueller: And I really regret that, because we have been working for the Y City, .. . Commissioner Dawkins: That's why... a Mr. Mueller: Would you let me finish, sir, please? Commissioner Dawkins: If we had a bad taste in our mouth for you, how could you have gotten the -amount of work with the City of Miami that you got? t. Mr. Mueller: Sir, you have to put yourself in our position. Commissioner Dawkins: Wait a minute, no, no, no, Answer my .question., If your name .is a bad name in the mouth of the City of Miami, how could you have y gotten all of the work that your company has gotten from the City of Miami?> j p: Mr. Mellers How would I? Because I have,.,.i' Commissioner. Dawkina: Yes, You have... I could go back and check and show you F . z where the. abundance: of; work in the City of Miami has been donna by: RUM. ; 46'. Mr, Mueller: That'a..correct, sir. Co�minsionor Dawkins: Ail right then, so you can't be,,,. ,.1 7 g e — fir,_ NVeller;a Vntil we did a Job in which there were come problem'$. gad Vhs — City never had a mechanism to resolve that y problem, end it took ns �,WO yearn T. r i4iY rtA A ` vim. MUM °F 14 i -- �`i.'rs ,S_iFt-$t .F aYSi,iir tiM_sEs -_ 4 and after two years of trying hard and hard, the City never did anything about it. And we had no other choice, sir. No other choice in this world, but just to go to the lawyers and spend money with lawyers that we don't like to do that, sir. OK? We are here to work and to do good work, and not to go to j- court. That's not our business. Our business is construction, sir. Vice Mayor Plummer: Let me have my piece in here. OK? Mr. Muellere Yes, sir. Vice Mayor Plummer: I do have a problem about that, and I'll tell you exactly what my problem was. At the time that the City Attorney came to me to make his recommendation - and as I recall, and you can correct me on the numbers - we settled for $650,000. Mr. Fernandez: Thereabouts, correct. Vice Mayor Plummer: Your recommendation initially to me that the filing of the claim was not worth more than $300,000. But you then convinced me to give them the six hundred and fifty, based on the potential liability if it went to a jury. Correct? Mr. Fernandez: Correct. Vice Mayor Plummer: So what you're saying to me, at that time was, that the value of the claim was in the neighborhood of $300,000, but to stay out of — court where you could lose a hell of a lot more, you recommended that we Settle for the six fifty. Am I correct? Mr. Fernandez: That is correct. However, Vice Mayor Plummer, let me, for the record, make sure that you see understand that just because Mr. Mueller has in his mind the notion that this Commission is taking the action that it's proposing to take now... Mr. Mueller: Yes, I do. Mr. Fernandez: ...is at all related to previous litigation, is totally incorrect. And you should not be discussing an item that's totally unrelated I k to the motion in front of you... Vice Mayor Plummer: Fine. iMr. Fernandez: ...right now. i Vice Mayor Plummer: All right. Mr:- Fernandez: Because, otherwise, you may be giving credence, on the record,` to Mr. Mueller's assertions which are totally erroneous. Vice Mayor Plummer: I was, in fact, answering is concern, that we had our 4' minds in the situation..... Mr. Fernandez: Yes, as a matter of law, when a case is settled, settlement means that both parties agree without necessarily holding each other to any otherliabilitythat that was in the best interest of everybody involved. z�. Commissioner Dawkins: So, as the City Attorney, you're advising us to listen } to him and then go on and vote. Do not respond to what he's saying. That's Your advice. 4 Mr. Fernandez: As a member of the public, you know, he's entitled to come and makepresentations, but 'I want to make sure that all of you understand, and the record is clear, that the motion that is under consideration right now has nothing. to do with the determination of responsibility. It's merely pursuant r4. ` to City Code section 18-52.7, cancellations, and as y per the RFP that went out, K that -this City Commission reserves the ultimate right to cancel and throw back ' - all bids and start the process anew. Commissioner De Yurre: OK, J. L..., dice Mayor Plummer: OK. F4 ' r a$ _ n March , �- 000 Commissioner De Yurre: .,.let me pursue a different line here. Vice Mayor Plummer: Go ahead. Commissioner De Yurre: Dr; Prieto, and Cesar, give me an idea what realistically, you know, we could expect to - you know, that we could expect, Five percent lower... Vice Mayor Plummer: Twenty. basically) of anything loaner Commissioner De Yurre: Ten, fifteen. Do you have any idea? 41: Mr. Odio: We have no idea. It depends on market conditions. Like I said, from what I've seen at the Orange Bowl, I was surprised of the number of companies, big companies, that are coming in. That means they need work to iv i keep their employees in the payrolls, so we could do better than this. Commissioner De Yurre: Do , so we 8 you think of what? -1.8 million dollars. Y That's the amount? , Mr. Odio: Yes, sir. Mr. Prieto: That's right, 1.8. ' Commissioner De Yurre: So if it were like ten percent, it would be $180,000 _ savings. { Mr. Odio: Could be. We are not guaranteeing that, but under the present conditions, you could very well see that. Commissioner Alonso: Ten. Commissioner De Yurre: Ten, ten would be $180,000. Well, because what I would like to see is, this company right now is the lowest bidder. Mr. Prieto: Right. Commissioner De Yurre: And we have an option and if we feel we can do better, we go back out again. But what I would like to pursue maybe is, whether this company, since they are the lowest bidder, they would entertain lowering their price -ten percent. And - yes, we can do that. Mr. Odio:. Oh, he can do that. e } Commissioner De Yurre: We can do that if... right now, if he'd say, OK, I'm 3, i willing to;lower it ten percent, then we can, you know, then we look at it'a- 'different) little bit and say, well that's a y y, pretty good deal. We can just go ahead and give it to him. Commissioner Alonso:- It will resolve some of the concerns that we have. Yes, I imagine it will be a possibility. Mr. Mueller: No, I can't. Commissioner De Yurre: Would you be able to... .` Mr. Mueller: No, sir, I won't be able to , go down that much. We are... Commissioner Dawkins: He cannot do... I mean, we are asking him to do something illegal,` Commissioner De Yurre: No, no, it's not illegal. 14 r Commissioner Alonso: No, it's...1. f ,t Commissioner De Yurre: No, it's OK. It's OK. � Mr. Mueller: No, Commissioner Alonso; It he do it because he offers to do that, that..e i.an' j that poseible? { s cc War;a! CoMisaioner De Yurre: For leas, it's Oki Mr. Fernandez: Well, so long as it's identified and as long as it's 1, understood that what's merely is being done here is considering probably another substitution to the motion that's being considered, that if he shows 1 an indication that he may be willing to even reduce it further that, that may, _i one way or another, affect the vote on the present motion, that's all that you're doing; You're merely considering options as it were in the air. } Vice Mayor Plummer: But he would have to volunteer that. F i Commissioner De Yurre: Sure. 1, Mr. Fernandez: Correct, it must be a volunteer act on his part. ICommissioner De Yurre: No, of course, of course. Mr. Mueller: If we had the money in our cost to do that, we would be happy to i do that. �j ;i Vice Mayor Plummer: Then you've done nothing. Mr. Mueller: But, like you said, you see, you can see the difference. It's $230,000 from the other bidder. And if you see our bid with the other bid that we bid, you can see that our bid is very responsive. But, naturally, the Commission has the ultimate decision, naturally. I think that... well, 'I think that the job should be awarded naturally, but that's my side. You i people have the last decision. Commissioner Dawkins: I'm going to withdraw my motion. ,i. Vice Mayor Plummer: Motion is withdrawn and the substitute motion is withdrawn. Commissioner Dawkins: Withdrawn because I'm... but I'm going to tell you I'm withdrawing it because I'm going to vote no. { Commissioner De Yurre: OK, now so I can understand, you do not feel that you can lower your price any more. Mr. Mueller:No, I just can't, unless they change items on the project in order to save the money. _ Mr. Fernandez: And that cannot be done. : ' Commissioner De Yurre: No, no, no. # Mr. Mueller: I don't think. } '. Commissioner De Yurre: OK, so that.option is out. Mr. Fernandez: Correct. Vice Mayor Plummer: The substitute motion is off the floor. The motion on Y the floor is to approve, .as I recall. Made by Commissioner De =Yurre and seconded,by Commission Alonso. of Commissioner Dawkins: No. Commissioner Alonso: No, it was done by Commissioner Dawkins. k f Commissioner Dawkins; Commissioner Dawkins, and I've just said, for the. t record, so that I second,the motion and I'll be voting against the motion, I s` t - said for the records. k Vice: Mayor Plummer: OK, then I stand corrected. Is there anyone else that �? wishes to speak on this issue? Yes, air. Mr. Ted Weitzel: Mr. Vice Mayor and Commissioners. k, Vice, Mayor Plummer; Your name and address for the record. s u^ ,• _ k @ N. 1, 4s 5 March 144 J��� { - r 6 � POT Mr. Weigel: Ted Weitzel, Poinciana Village, 269 N.W. 7th Street. I'd also like to speak on behalf of Arena Towers and Payview. As Mr. Luft explained, and there is already commercial space built along the 9th Street mall area, and I'm very concerned about their ability to keep carrying that space there in Dayview because they can't rent it until this mail is finished. So all I'm really Concerned about is the delays. We have people living in Poinciana Village that we promised this mall to like two years ago. They're living there looking out on a vacated street which right now is torn up with mounds of dirt piled there, about four to six feet high. And so all I'm concerned about is the delays. It doesn't matter to me who gets the contract. I just wish they would do it quickly and get it done because we've been promising it to people and it's a very important part of the whole program and the plan. And it is causing us problems in sales of our condominiums. It's causing problems in the rental delays for Bayview and Arena Towers. So all I ask is, please, do something quickly because it's really affecting us. Thank you. Commissioner Alonso: OK... Vice Mayor Plummer: Commissioner Alonso. Commissioner Alonso: ...I'd like to move for approval as presented to us. Commissioner De Yurre: Second. Vice Mayor Plummer: OK, there's a motion made to approve and seconded. I'm amazed that for almost two million dollars worth of work, only two bidders. With this town being as hungry as it is for work, I just don't understand it. Any further discussion? Commissioner Dawkins: Yes, but I want to be able to put in the records, that my vote against approval has nothing to do with any prior considerations of any work by PNM, because I have been very happy with PNM work. I have voted constantly with PNM to get contracts, but I just feel that if this is rebidded, the City would get a better deal. Now, the Manager sat here this - morning and told me that when he sells tax anticipated bonds, that he's going to get $200,000 and everybody up here felt that that's one of the best things since high button shoes. And now, I'm trying to find a chance to save another $200,000 and somebody says that it's because somebody sued us. That's not true. Vice Mayor Plummer: Call the roll on item 4. ON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY COMMISSIONER DE YURRE, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE: _ AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso NOES: Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. ABSENT: Mayor Xavier L. Suarez. Mr. Fernandez: So it must be understood that in a Commission of four, this item fails, because it failed to carry the three required votes. So item four did not carry. Vice Mayor Plummer: Is there a counter motion? - Mr. Odio: No, we just automatically out for bids again. Mr. Fernandez: That's right. '. Mr. Odio: That's automatic.` Mr. Fernandez: It's an automatic instruction then to the City Manager to ;go out and rebid this project. i Vine Mayor 1'luminer: OK. 3_ ----------------------------- 9. SECOND READING ORDINANCE: AMEND CODE SECTIONS 54-109, 54-1101 54-111, 54-111 AND 54-114 (STREETS, SIDEWALKS, SIDEWALK CAFES) - REDEFINE CAFE ZONES - PROVIDE AUTHORITY TO WAIVE SIDEWALK CAFE PERMIT FEE - CLARIFY PERMIT APPLICATION FORM - ESTARLISH CRITERIA FOR PERMIT APPLICATION REVIEW. Vice Mayor Plummer: Item five. I moved it before, I'll move it again. Seconded by Commissioner Dawkins. Any discussion? Anyone wishing to speak to item five? Read the ordinance. Any further discussion? Call the roll. AN ORDINANCE - AN ORDINANCE RELATING TO STREETS AND SIDEWALKS AND F SIDEWALK CAFES; AMENDING SECTIONS 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 EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 14, 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. NOES: None. ABSENT: Mayor Xavier L. Suarez. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10854. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 10. SECOND READING ORDINANCE: AMEND CODE CHAPTER 39, ARTICLE II (SIDEWALK AND STREET VENDORS) - ADD NEW SECTION 39-17.3 - PROVIDE FOR ESTABLISHMENT OF RESTAURANT ARCADE VENDING ZONES - RESTRICT LICENSEES - ESTABLISH DESIGN CRITERIA AND REVIEW - PROVIDE FOR PERMITS, FEES, RULES, REGULATIONS AND APPEALS - AMEND SECTION 39-11 AND 39-17(11). ----------------------------------------------------------- ----- it .; Vice Mayor Plummer: Item six. It's the second reading providing for the establishment of a restaurant arcade vending. Y r' Commissioner De Yurre: Move it. Move. Vice Mayor Plummer: Moved by Commissioner De Yurre. Seconded b Y••• d' Commissioner Alonso: I...' Vice Mayor Plummer: ...Commissioner Alonso. No one wishing to disco®s the issue? Please read the ordinance. Motion understood? Cali the roll,` r AN ORDINANCE - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE II, ENTITLED "SIDEWALK AND STREET VENDORS," BY ADDING A NEW SECTION 39-11.3 PROVIDING FOR THE ESTABLISHMENT OF "RESTAURANT ARCADE VENDING ZONES"; RESTRICTING LICENSEES; PROVIDING LIMITATIONS; ESTABLISHING DESIGN CRITERIA AND REVIEW; PROVIDING FOR PERMITS, FEES, RULES AND REGULATIONS AND APPEALS; AMENDING SECTION 39-11 BY PROVIDING DEFINITIONS; FURTHER AMENDING SECTION 39- 17(11) TO PERMIT RESTAURANT ARCADE VENDING ZONES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 28, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner Alonao, 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. NOES: None. ABSENT: Mayor Xavier L. Suarez. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10855. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 11. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EMERGENCY SHELTER GRANT (FY 191) - APPROPRIATE $287,000 FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) 1991 EMERGENCY SHELTER GRANT. ------------------------------------------------------------------------------ Vice Mayor Plummer: Item 7 is a second reading of emergency shelter grants. Commissioner Alonso: Move. Commissioner Dawkins: Second. Vice Mayor Plummer: MovedbyCommissioner Alonso, seconded by Commissioner. Dawkins. Anyone wishing to discuss item 7? Read the ordinance. Motion understood? Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EMERGENCY SHELTER GRANT (FY'91)0-, AND APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE AMOUNT OF $287,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) 1991 EMERGENCY SHELTER GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, Passed on its first reading by title at the meeting of February 28, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and .. adopted by the following vote: �= a AYESt Commissioner Victor be Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonao Vice Mayor J. L. Plummer, Jr, t NOES: None. ABSENT: Mayor Xavier L. Suarez. THE -ORDINANCE WAS DESIGNATED ORDINANCE NO. 10856. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public.. 12. FIRST READING ORDINANCE: AMEND 10782, INCREASE APPROPRIATION FOR: (a) GRAPELAND STORM SEWERS - PHASE I ($500,000); (b) GRAPELAND STORM SEWERS - PHASE II ($500,000); AND (c) CITYWIDE LOCAL DRAINAGE PROJECTS FY _191-192 ($1.0 MILLION) (FUNDS FROM STORM SEWER GENERAL OBLIGATION BONDS). Vice Mayor Plummer: Item 8 is a first reading of an ordinance, capital improvement appropriations for Grapeland Heights storm sewers. Is there a motion? Commissioner Alonso: Yes, I so move. Vice Mayor Plummer: Moved by Alonso, seconded by De Yurre. Anyone wishing to discuss the issue? Read the ordinance. Motion understood? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE NO. 10782, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, THE - CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY - INCREASING THE APPROPRIATION FOR GRAPELAND STORM SEWERS -PHASE I, PROJECT NO. 352188, IN THE AMOUNT OF $500,000; INCREASING THE APPROPRIATION FOR GRAPELAND STORM SEWERS -PHASE II, PROJECT NO. 352266, IN THE AMOUNT OF $500,000; INCREASING THE APPROPRIATION FOR CITYWIDE LOCAL DRAINAGE PROJECTS - FY 191-FY'92, PROJECT NO. 352275, IN THE AMOUNT OF $1.0 MILLION; SAID INCREASES FOR ALL THREE PROJECTS COMING FROM - STORM SEWER GENERAL OBLIGATION BOND FUNDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was, introduced. by Commissioner Alonso and. seconded by Commissioner De Yurre and was passed on its first reading by title by the following vote: ;- AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins fr Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. # NOES: None. s. txv ABSENT: Mayor Xavier L.-Suarez. "< The City Attorney read the ordinance into the public rscQrd .,and " announced that copies were available P to the members of the City Commission and, Y to the public, 6nj. !. 4r sr 59 March', 14 991 fl i.�....�------..-------�. �--u.--- 13. DISCUSS AND TEMPORARILY TABLE PROPOSED FIRST READING ORDINANCE TO ACCEPT GRANT ($85,261) FROM DADS COUNTY SCHOOL BOARD, ESTABLISHING NEW SPECIAL REVENUE FUND: SCHOOL RESOURCE OFFICER PROGRAM (See labels 15 ----------------------=------------------------------------------------------ Vice Mayor Plummer: Item 9, first reading. An ordinance relating to a grant of money for the School Resource Officers Program. Is there a... Commissioner Alonso: Move. Vice Mayor Plummer: ...Commissioner Commissioner Dawkins. Under discussion, that program cost us in its entirety? Mr. Odio: We are to receive money... not from general fund. No monies from the general fund. Vice Mayor Plummer: How much does the program cost in its entirety? How many policemen are assigned to that detail? Lt. Joseph Longueira: I think we cover eleven schools, sir. Commissioner Alonso: The City has eleven, right? Lt. Longueira: One second. Vice Mayor Plummer: Does that include the crossing guards? I want to know why, for the last 60 days, we have been taking police units, sworn officers, out of service to take and put them at school crossing and when we have burglar alarms and everything else going off, and*they can't respond. Mr. Odio: Wait, when you asked me about that, Commissioner, I asked a question, and what happened is we had some of the people missing... 14. (Continued Discussion) RECONSIDER AND DEFER PROPOSED RESOLUTION ACCEPTING BID OF P.N.M. CORPORATION CONCERNING PROPOSAL FOR SOUTHEAST -0VERTOWN / PARK WEST 7 AND 9 STREET PEDESTRIAN MALLS (Deferred to March 28th for consideration by full Commission) (See label 8). Commissioner Dawkins: Mr. Mayor - I mean, — Vice Mayor Plummer: Yes, sir? Commissioner Dawkins: What's the gentleman Vice Mayor Plummer: What gentleman? Commissioner Dawkins: From PNM? Vice Mayor Plummer: Sir, the PNM.,. Mr. Jorge Fernandezi Mr. Naranjo Mueller. Commissioner Dawkins: Mr. Naranjo, come tc Vice Mayor Plummer: Commissioner Dawkins k Mr. Odio: Excuse me, this is not our cross 1. Commissioner Dawkins: Come to the mike. the mike right there. I have a statement. k.: Lt, Longueira: This is resource. k f Coumi.ssioner Dawkins You were not,., ld 6C fL Ir. Vice Mayor. a name? A; b 4 T,_ t rt the mike, please. to a question to ask of you, sir. Lng guards. No, 1 have a state... no, come to } i r } Vice Mayor Plummer: Excuse me, please. Commissioner Dawkins has the floor, We are reverting back to the PNM issue. Commissioner Dawkins, Commissioner Dawkins: We did not make you aware of a right which you have. You have a right to demand that your issue be heard by a full Commission. 4 This is not a full Commission. Mr. Pedro Naranjo Mueller: I see. Commissioner Dawkins: So, therefore, if you... now am I... Mr. City Attorney, am I correct? f Mr. Fernandez: I need to check the Code on that, sir. I believe that this is an official meeting of the City Commission in which... Commissioner Dawkins: All right, ever since I've been here... Vice Mayor Plummer: All right, Commissioner Dawkins, let me make easy for 6.1 you. Even though the item has been defeated, if, in fact, this Commission wants to revisit the issue and bring it up giving him that opportunity to be j heard by five rather than four, I will accept that motion, sir. Mr. Mueller: Well, I will respectfully request that from you people then, if i you could. Vice Mayor Plummer: All right... Commissioner Dawkins: I'm so move. Vice Mayor Plummer: ...Commissioner Dawkins makes a motion... Commissioner Alonso: Second. ! Vice Mayor Plummer: ...to reconsider item... Unidentified Speaker: Four. ( Vice Mayor Plummer: ... four. And seconded by Commissioner Alonso. Call the roll. Mr. Jorge Fernandez: But not at this... excuse me, point of clarification. Not at this time. You mean at a subsequent City Commissioner meeting. Vice Mayor Plummer: In effect, it's being deferred. 1 Commissioner Dawkins: We don't have five people here. We don't have five f people here, so it can't be now. Mr. Fernandez: OK, correct. Vice Mayor Plummer: 'In effect, it's being deferred until the next Commission meeting. Mr. Mueller: I just.... may I....? Mr. Fernandez: But in order for you to defer it to the next City Commission meeting,you, in fact have to reconsider the y , , previous vote that you took, � Vice Mayor Plummer: That's what we're doing. 4 Mr. Fernandez; Correct, I just wanted to make clear. Vice Mayor Plummer: Call the roll on the reconsideration. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND ;: a SECONDED BY COMMISSIONER ALONSO, THE MOTION TO �'— RECONSIDER ITEM FOUR PASSED BY THE FOLLOWING VOTE: }� h t �t N�M9 ��RwaraLn 14/y ON A'YESt Commissioner Victor be Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso i mice Mayor J. L. Plummer, Jr. 1 NOR St None. APSPNT: Mayor Xavier L. Suarez. Commissioner Dawkins: And I move that this be put off until there's a full Commission. Vice Mayor Plummer: All right, I think you have make it a date certain, so let's make it the 28th of March. Commissioner Dawkins: Twenty-eighth of March. Vice Mayor Plummer: OK? y Mr. Mueller: May I say something? mething7 � 'i Vice Mayor Plummier: Surely, sir. i Mr. Muellert OK, I just hope that someday, some how, the City Commissioners j won't look at us like the bad guys. Commissioner Dawkins: Do what now? - Mr. Mueller: Like the bad guys. Like the throw... Commissioner Dawkins: Back down? Mr. Mueller: Oh, well I... Vice Mayor Plummer: Sir, you don't have a white or black hat on. Commissioner Alonso: Bad guys. Commnissioner De Yurre: The bad guys, b-a-d. Mr. Mueller: Well, honestly, sir, I can't see that you're not... I mean, definitely there is not doubt in my mind that there is some... Commissioner Dawkins: Malice in our hearts. =z Mr. Mueller: ..bad feelings in your side which I don't... which I can't.'... Vice Mayor Plummer: Sir, let's take your vote, you're winning. OK? 'n Mr. Mueller: My what, sir? Vice.Ma or Plummer:,. You're,winnin and when ou.win Y 8, Y , Sou be quiet.. "_OK?. .;The motion is to defer this... a Mr. Mueller: I don't want to win, I just want the right thing, sir. Vice Mayor Plummer: OK. f}� Mr. Mueller: That's all I need. That's all I want. I'm here for this. Listen, I have my business in the City of Miami. I have been in the City of �r k Miami, for 15 years. I started my business from the....` Commissioner Dawkins; And onlybecause we allowed � you to do work in the City. Mr, Mueller: Excuse me, sir. I didn't hear you. Could you repeat? Commissioner Dawkins Because we allowed you to work in the City. We helps +loch other, , Y , x 3 r i , yfi And for everybody else, l have been the low bidder and l,hava��.a�_� MF,":.MWel sr� you, I bid the js�� ��ar .��e C��y ��' Ur, excuse mot let me correct 9�R r, many years a flood relationship with the Public Works Dap*rtm Uto - tr 8 y ff. C 1a it OON years, It's not that anybody in particular brought me here or anything. I 'won everything by the right way, bidding proceedings. Vice Mayor Plummer: You normally pay for advertising. Mr. Mueller: I don't pay for advertising, sir. The advertising is my worm. `F i- Vice Mayor Plummer: OK, call the roll. What we're in effect doing by this motion is deferring this item to a date certain which is March the 28th for consideration at that time. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 91-210 A MOTION TO RECONSIDER AGENDA ITEM 4 (ACCEPT BID OF P.N.M. CORPORATION, IN AN AMOUNT NOT TO EXCEED $1,808,581.55, FOR SEVENTH AND NINTH STREET PEDESTRIAN MALLS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE DEPARTMENT TO PROVIDE THE ANNUAL FUNDING NECESSARY TO PERFORM THE OPERATION AND MAINTENANCE OF ALL NONSTANDARD DECORATIVE FEATURES AND STRUCTURES INSTALLED AND/OR CONSTRUCTED AS PART OF THE SEVENTH AND NINTH STREET PEDESTRIAN MALLS) WHICH HAD FAILED TO PASS ON ROLL CALL; FURTHER DIRECTING THE ADMINISTRATION TO DEFER AND RESCHEDULE SAID ITEM FOR THE MEETING PRESENTLY SCHEDULED FOR MARCH 28, 1991, _ FOR CONSIDERATION BY A FULL COMMISSION. 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 _ 5 Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Xavier L. Suarez. Vice Mayor Plummer: Your item will be reconsidered, sir, on the 28th of March. Mr. Mueller: OK, thank you very much, sir. Vice Mayor Plummer: OK. ---------------------------------------------------- ----- ------ --- 15. (A) (Continued Discussion) FIRST READING ORDINANCE: ACCEPT GRANT ($85,261) FROM DADE COUNTY SCHOOL BOARD, ESTABLISHING NEW SPECIAL REVENUE FUND: SCHOOL RESOURCE OFFICER PROGRAM(Seelabel 13.) (B) DISCUSSION CONCERNING WASTEFUL AND INAPPROPRIATE USE OF SWORN POLICE OFFICERS AS SCHOOL CROSSING GUARDS (See label 18). } _ s -------------------------- ------------------------ Vice Mayor Plummer: OK, now let's get back to school resource officers. How many men are involved in school resource officers? Mr. Odio: Just a minute. i.: Unidentified Speaker: Nine. Mr. Odio: Nine, Vic Mayor Plummer; Nine. And what is the total cost of that programs? J F 03 March 14: 1991 �. r s- r � T t''�ic•�- vt fie. x E c i Lt. Joseph Longueira: 1 don't know what the salaries would be for nine police l officers. It all cornea out of the general fund budget. Vice Mayor Plummer: Do we understand that it's more than $85,000? I Lt, Longueirat Yes, sir, that's not what this money is for though. Vice Mayor Plummer: That's what it says, is school resource officer... Lt. Longueira: It's not for salaries. Commissioner Alonso: Excuse me,.. Mr. Odio: They're coming from the state. f Commissioner Alonso: Just for clarification. Nine or eleven? x _ Mr. Odio: No, nine. Lt. Longueira: Nine.9 Commissioner Alonso: Nine? 'E— Mr. Odio: Nine. These are not cross guards - crossing guards. Vice Mayor Plummer: OK, I'll get to that in a minute. Now, where does the rest of the money come from to pay those officers to assist the School Board in doing the job that they're supposed to do? Lt. Longueira: General fund. Mr. Odio: Those, yes. Vice Mayor Plummer: And why isn't the School Board paying for it? - Mr. Odio: That's a good question. I wish... Vice Mayor Plummer: And you're telling me this money is not going for salaries. Where is this money going? -Lt. Longueira: This is a state grant which is supposed to go for additional items; equipment... Vice Mayor Plummer: Such as? ' Lt. Longueira: Equipment to help them do their job,in the schools. Vice.Mayor Plummer: Why kind of equipment are you buying for $85,000? _Lt. Longueira: Well, $85,000 is our share based on the number of schools." I - think it's-$7,000 some odd dollars per school.We.have eleven... Vice Mayor Plummer: But what are you buying? Lt. Longueira: You can buy audio-visual aids to do crime prevention 3`= presentations. -You can buy pamphlets, those kinds of things. Any equipment ;•`` to help them do the job in the school for anti -drug, anti -crime. And that's F �' what the grant is for: Vice Mayor Plummer: Didn't we buy two motor homes recently for $2001000 to"do T4 that? ` Mr. Odio: No, those are the drug mobiles and they were bought out of the -Low 4 Enforcement Trust Funds. Vice Mayor Plummer: But, I mean, isn't that what they're net up to do? Odio: Yes, But...: Vine Mayor Flummort And now, you're going to buy $85,000 more of equip At-?,".--` dW t *Aow what the hell you're going to buy, ' y 4 Y y C 64 M _ r _ L y- i / .. a xn Mr. Odiot This is our... t: y: Lt. Longueira: We can turn the money down. Vice Mayor Plummers I'd ask this matter be deferred until they give us a } delineation for exactly what that money is going to be spent for. Lt. Longueira: Commis3sioner, this is just to accept a grant. That's what this: was for. Vice Mayor Plummer: Yes, but... OK. I don't want to look a gift horse in the mouth. I will accept the grant with the proviso that not one dime of it is spent until this Commission has had a full review - especially the so called Commissioner Awareness - of where that money is going to be coming up for a final vote as to the spending of that money. I will so move. Lt. Longueira: Yes, sir. , ` Vice Mayor Plummer: All right, it's already been moved, I'm sorry. Who moved the motion? 11' Commissioner Dawkins: I'll move it. Commissioner De Yurre: Second. ` Vice Mayor Plummer: OK. Commissioner Dawkins and De Yurre. Mr. Hirai: Commissioner Alonso, Dawkins has second it. Vice Mayor Plummer: OK, it's a first reading. Is there anyone wishing to speak on this issue? Hearing none, read the ordinance. Commissioner Alonso: Yes, may I? Vice Mayor -Plummer: I'm sorry. Commissioner Alonso: Just one question. I'm very confused. We have eleven schools. Mr. Odio: In our City... Commissioner Alonso: Yes. How many people do we have in the eleven schools? Lt. Longueira:. OK, .let, me explain. The School Resource Officer Program is staffed by nine sworn officers. They cover 40 schools. They work by -feeder patterns, like a high-school, in the middle schools, in the elementary school. Commissioner Alonso: Yes.: Lt.- Longueira:- They work a group of schools. We have nine officers=that cover- 40 schools in the School Resource Officer -Program " OK That's different from the school crossing guards, which is a separate issue,'- Vice Mayor Plummer: That's the next issue I'm going to get into. Commissioner Alonso: OK, fine, thank you. Vice Mayor Plummer: Now, the problem that I have, Commissioner. It's a great program. OK? But, number one, the School Board has their own security system r which, in effect, is their own police department.; And.second -of� all ;.:why t should I be paying for it when it's their responsibility? I think you're going to find this program costs almost $400,000 a year, or more. And I think` the ,School.Board should pick up the tab for it. So, I'm not going to 1Qok_a gift horse in the mouth. Did you read the ordinance? Mr. Jorge Fernandez: Not yet.a r` Vice Mayor Blummers mead it. Motion understood?, Call the .roll. , , n BI Nor c 14; 4991 0 : d r t :— f' AN ORDINANCE ENTITLED - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $85,261 FROM THE DADE COUNTY SCHOOL BOARD; ESTABLISHING A NEW SPECIAL REVENUE FUND - ENTITLED: "SCHOOL RESOURCE OFFICER PROGRAM" AND APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $85,261 CONSISTING OF A GRANT FROM THE DADE COUNTY SCHOOL BOARD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: _ AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Xavier L. Suarez. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Vice Mayor Plummer: Mr. Manager, Mr. Manager. Mr. Odio: Yes, sir. Vice Mayor Plummer: I want to know why we have been taking patrolmen out of regular patrol and putting them for two hours in school crossing guards? Lt. Longueira: OK, Commissioner... Vice Mayor Plummer: Why were they short? Lt. Longueira: Commissioner, what happens... I , Vice Mayor Plummer: Sir, it is happening two and three times a day for the + last 60=to 90 days. — Mr. Odio: Commissioner, you mentioned this to me before, and I checked it out. There are times that there are.exceptions. The children's crossings are important, and what we don't want to do is... Vice Mayor Plummer: Not disputing that at all, sir, but somewhere... Mr. Odio: Leave a corner unattended or a 'crossing unattended because: we didn't have a.crossing guard there, and then we are responsible. (. Vice Mayor Plummer: Sir, first of... Commissioner Dawkinss But, what happened to the idea of J.L. Plummer's that Y.ou acquire public service aides to Q p put at the school crossings to release r- uniformed officers? Lt. Longueira: Commissioner, here's what happens. We have so many school crossing sites. We put school crossing guards there. If they call in sick -.or �— if they quit, which happens all the time... Commissioner Dawkins: Right,. ;F TfF Lt.- Longueira: ...we have a vacancy. We first go to available -PSAs. .!If there's no... A t ;k r, Commissioner Dawkins: Wait a minute. Hold it, hold it, hold it. Explain to F me what available PSA mean. Now. explain that to me. 3 lot. Loape ira: I would say. not gas igned, but I m surs that,., there 'are priorities that they can pull them out of a job to put them there. The"ext �r r s lists: r: bb Mauch 14# i#91, z r � Commissioner Dawkins: Now, you are assuming that there are priorities, but just now you told ire something different. Now, what are we saying? Lt. Longueira: What I'm telling you is first available PSAs. `4 Commissioner Dawkins: All right. Lt. Longueira: OK, if... Commissioner Dawkins: Well, I'm asking you, what is available? What constitutes availability for a PSA? Lt. Longueira: We could have a... Commissioner Dawkins: Is it that we call it in because we would call it in to replace a sick person? What makes the PSA available? 's Lt. Longueira: I guess it would be - you know, and I don't make that t determination - I would guess that it would be based on the severity or the importance of the job they do. We would have to pull them out of one job to another. Commissioner Dawkins: All right, now what does a PSA have to do that's so important that that PSA could not be pulled from that duty and assigned the school crossing? Lt. Longueira: Well, there are some that are riding the street making reports that police officers normally make. There's some... Commissioner Dawkins: All right, so now we got a uniformed officer who would be available if you didn't put him on the school crossing to make that report. Lt. Longueira: Yes. Commissioner Dawkins: OK, so that doesn't make sense, Joe. Vice Mayor Plummer: Joe, I would ask for a report of how you're going to straighten that matter out, so that we don't have sworn officers doing the school crossing. OK? Lt. Longueira: Right. v Vice Mayor Plummer: Thank you. Commissioner Alonso: Couldn't we get funds from the School Board as to have s people available to cover if you say this happens -very often, to replace these people in cases like this? Lt. Longueira: Now, we have the money. We get _the money through a surcharge to pay for the school crossing guards. But what happens a lot of times is that they call in in five minutes notice and now 20 minutes later, you've got to have -a guard there. You have to get somebody now. ,We go from PSAs, then h the motorcycle officers. If there's none available, then we go to a patrol unit. That's the last resort. Vice Mayor Plummer: I want to remind this Commission that when I went to school here school guards were y' g provided b the School Board. 4K? And there is... Commissioner Dawkins: That was a long time ago, J. L. = sk Vice Mayor Plummer: You damn right it was, but it was done better. And I want to tell you also that, in fact, there is no obligation except by this Commission's policy, there is no forced that we have to provide school `A resource officers. I'm sorry, crossing guards. t Lt. Longueira; Except that the money is designated for that, and you can't ' _ use it foranythingalso. i v v 7 pica Mayor Plumers That is correct. OX, i World �n�oh Pry#a� to a�a t#�at y1z . aoAay $o to the School.. Board and they provide, rath r thaa a, t�1Q�t d �aauch — ', prefer that. OK? Because then, my sworn officers are not tied up doing b ; ( something in which they're needed, in my estimation, more. I'm not speaking or trying to deny the safety of children. Nobody can argue that. But the01 idea of it is, to pull the sworn officers off the street, I think is making a i. mistake. ..-----._-----_.--...`.— _--.,.----..—.....-----`------_:-------------......_—..,._..----...----,......� i 16. EXECUTE INDIVIDUAL AGREEMENTS WITH SEVEN NEIGHBORHOOD ECONOMIC _ �} DEVELOPMENT ORGANIZATIONS FOR PURPOSE OF CONTINUING THE COMMERCIAL FACADE TREATMENT PROGRAM (Approved NEDOs: Allapattah Business 1 Development Authority, Coconut Grove Local Development Corp., Downtown Miami Business Association, Little Havana Development Authority, Martin Luther King Economic Development Corp., Tacolcy Economic Development Corp., and Wynwood Community Economic Development Corp.) ------------------------------------------------------------------------------- Vice Mayor Plummer: Item 10. Authorizing the City Manager to execute individual agreements with each of 7 neighborhood economic development organizations. Mr. Odio: This is the facade program. And we're covering... Vice Mayor Plummer: Is there a motion? s Commissioner Alonso: Yes, I move. Vice Mayor Plummer: Moved by Commissioner Alonso, seconded by Commissioner De Yurre? Seconded by Commissioner De Yurre. Any discussion? Hearing none, call the roll. It's a resolution. The following resolution was introduced by Commissioner Alonso, who moved its adoption: t1 RESOLUTION NO. 91-211 f A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY Z. MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN j' SUBSTANTIALLY THE ATTACHED FORM, WITH EACH OF SEVEN �? NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS LISTED t HEREIN IN AN AMOUNT NOT TO EXCEED THE AMOUNT SPECIFIED HEREIN FOR EACH SUCH COMMUNITY -BASED ORGANIZATION { LISTED FOR THE PURPOSE OF CONTINUING THE COMMERCIAL FACADE TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED A TOTAL OF $201, 600, FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 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 Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins ABSENT: Mayor Xavier L. Suarez. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: I would like to hear Commissioner Dawkins' negative ; reason. Commissioner Dawkins: OK, my grievance is, Commissioner, that there is never, t is my opinion, any plan presented to us to show that the buildings that we pub r, the facade on are buildings which enhances the ability of a store to etas* in r r business. The LCD Just go pick - they pick a block - and to let you know what Ft 68ech rfi a x NP tf iF I'm talking about, they pick 60th Street to 62nd Street on 7th Avenue. And than they want to... they go put facade on those buildings which are occupied and those which are unoccupied. And to me, it would appear that we would put !' the facade on the business, the one that's doing business, and then go find another one with a business and put a facade on it. But they just go and they identify 20 places in this block and they're doing it. So, that's why I vote no. Vice Mayor Plummer: Well, I think you make a very good point, and I'll tell _ you why. If you get one sparkplug in the middle of a block, it might embarrass the rest to do something for themselves, or even apply to do something. So I think you make a good point. Mr. Manager, I'm going to vote j yes with the motion, because I think we need to get it done. But I think that Commissioner Dawkins has made an extremely good point, and I would hope that you would pursue that kind of an action that you just don't do blanket one r block. That you target those that are to be done and as such, hopefully, will stimulate more to be done rather than just the one block. 17. AUTHORIZE ISSUANCE OF RFP FOR MANAGEMENT, OPERATION AND MAINTENANCE AGREEMENT OF BICENTENNIAL PARK CONCESSION. — ----- ------------------------------------------------------------------------- Vice Mayor Plummer: OK, item 11. The issuance a request for an RFP... Mr. Odio: This is for the restaurant in Bicentennial Park. Vice Mayor Plummer: Bicentennial Park. This is just the going out of the RFP. i Commissioner Dawkins: Move it. i Vice Mayor Plummer: Moved by Commissioner Dawkins. Commissioner Dawkins: I don't know what we're going to come back with but I'll move it. Vice Mayor Plummer: Seconded by... Commissioner Alonso: Yes, I.... Vice Mayor Plummer: ...Commissioner Alonso. Under discussion. Hearing none, it's a resolution. It will come back, of course, to this Commissioner for final approval. Mr. Odio: Yes, yes. Commissioner Alonso: Yes, I have some questions. If it's going to be for,the operation of what we have now that is horrible... Vice Mayor Plummer: There is no operation. ! Mr. Odio: Yes. Vice Mayor Plummer: It's been vacant. Commissioner Alonso: Just for the... yes. Mr. Al Armada: Yes, that's it. For what is there now. Mr. Odio; Oh, what we... Commissioner Alonsos Just... OK, fine, OK. r Vice Mayor Plummer: Is there provisions in that RFP for example, for the > GrandPrix? Mr. 'Armadas Yes, i yp t � } 09 Mar i�►, ��91 ` ° k k �t Mr, Armada: That part of it wasn't really taken into consideration. In other words, what we did do was to allow the use of the site specifically for, you know, a continuous basis. So if, for example, if we wanted to go in there, -' and say, we want you to close up operations today because we want to use it for a specific special event or something, that we didn't take that into consideration. If you'd like me too, of course we can modify it. f Vice Mayor Plummer: I think it's important that the City reserve "X" number of days for use unto itself. Mr. Armada: Commissioner, let me add something else for you. You know the area that in consideration here is just solely for the area that is the existing concessions, you know, building. Mr. Odio: You're talking about a restaurant. How can you tell a restaurant they shut down today, we need you. We need the building - I mean, nobody's 4 going to bid on this. Mr. Armada: Exactly. Mr. Odio: Either we want a first class operator there to open a good restaurant, or we don't. But to tell them... Vice Mayor Plummer: How many years was the contract proposed for? Mr. Odio: Five years. Which might not be enough either, because I don't if somebody is going to invest... Mr. Armada: With an additional option. Vice Mayor Plummer: All right, let's see what we get back. Commissioner Alonso: Yes. i Vice Mayor Plummer: Let's see what we get back. OK. Commissioner Dawkins: Question, Mr. Vice Mayor. Vice Mayor Plummer: Commissioner Dawkins. Commissioner Dawkins: What will be said, this is Bicentennial Park... Mr. Armada: Yes. Commissioner Dawkins: ...according to everybody but the citizens in the City of Miami, we, the City of Miami, have no pity in our heart for the street " people. Now, this is Bicentennial Park. If this is done, that means that, quote, unquote, these street people will either have access to that that's bidded on, or the City of Miami is going to have to develop some methods of reserving that for the people who rent it. So now, you know, here we are in a situation where everybody says that we have no pity and sympathy in our heart for street people, but when we attempt to do something to increase the -tax. base and get revenue for the City of Miami, we still damned. So, I just want, to put that in the records that nobody - although it will be said that this is anti -street people - it is not. It is pro City of Miami. Vice Mayor Plummer: OK let me ask this Y , question. Knowing that that , structure is in horrible condition, it doesn't leak, _the roof, it flows. Ia ; the concessionaire going to be taking it "as is".. Mr. Armada: Yes, sir. 't Vice Mayor Plummer: .And he will make all improvements.� 1 R 7t.. Mr. Armada: Yes, sir. Vice mayor Plummer: And repairs. J Mr. Armada: Yea, sir. Absolutely, t K 7ty� 70 ' Vice Mayor Plummer: OX. Oh, it's... believe me, They have chopped holes in Ithe roof for access. OX, I think let's go ahead and go on out and let's see what we get back. OX7 This is, in fact, a resolution and there is a motion duly made and seconded. Call the roll. The following resolution was introduced by Commissioner Dawkins, who ' moved its adoptiond RESOLUTION NO. 91-212 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (REP), IN - SUBSTANTIALLY THE ATTACHED FORM, FOR A MANAGEMENT, OPERATION AND MAINTENANCE AGREEMENT OF THE BICENTENNIAL PARK CONCESSION, LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on g file in the Office of the City Clerk.) i 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. NOES: None. ABSENT: Mayor Xavier L. Suarez. - ----- --------------------- ----------- --------- 18. (Continued Discussion) BRIEF COMMENTS CONCERNING UNNECESSARY USE OF SWORN POLICE OFFICERS AS SCHOOL CROSSING GUARDS - REQUEST ADMINISTRATION TO FURTHER REPORT ON PRESENT USE OF SWORN POLICE OFFICERS AT: (a) GATES OF POLICE STATIONS, AND (b) AUTO POUND (See ,labels 13 & 15). ----------------------------------------------- ------------------------------ Vice Mayor Plummer: Mr. Manager, when they come back with the justification on the school guards, would you find out and justification for having sworn f officers at the gates of the police. station and sworn officers at the auto s; pound. I'd like to see a justification on .that also. You got a thousand; policemen in there, and you got to have one guarding a gate. I don't q. understand. Commissioner Dawkins: You get that by seniority. Vice Mayor Plummer: Thank you. h i }{t a k f - { T- A r3 1 W j --------------- 19, AUTHORIZE ISSUANCE OF RFP FOR MANAGEMENT, OPERATION AND MAINTENANCE AGREEMENT OF PAUL WALKER PARK CONCESSION. ------------------------------ Vice Mayor Plummers Item 12 is the management and operation agreement for Walker Park. I guess that's the mini -park. Mr. Odiot The mini -park located at 46 W. Flagler. �a = Commissioner Dawkins: No, I didn't vote, but I was waiting on Commissioner Alonso. Ms. Hirai: Oh, votes yes. -----:�----------- -------- 20. PERSONAL APPEARANCE BY FORMER COMMISSIONER ATHALIE RANGE CONCERNING ALLEGED DISCRIMINATORY PRACTICE 13Y MIAMI POLICE DEPARTMENT CONCERNING ISSUANCE OF TRAFFIC TICKETS TO CARS PARKED ALONGSIDE ATHALIE RANGE FUNERAL HOME (See label 57). Vice Mayor Plummer: The chair will recognize at this time, former Commissioner Athalie Range, who called and asked for a personal appearance before this Commission, Commissioner Range. Ms. Athalie Range: Thank you very much... -Vice Mayor Plummer: Excuse me, where is Joe Longueira? I know... where is_ Longueira? I think it's a matter relating possibly to the Police., Ms. Ranget No, the liquor store will be mentioned, but this is not primarily the liquor store. I want to extend my sincere appreciation for your taking me atthisparticular time. I have come for three specific reasons. I've come, I suppose I could say, to register a complaint. I've come for an explanation, and I've come to see if I could possibly get some relief. My complaint I is that I have been established on N.W. 17th Avenue between.57th and 58th�Streete with a funeral home since 1957. And we have always enjoyed ,the pleasure along N.W. 17th Avenue as far as I can remember, and as far as the distances go, with parking. There have never, to my knowledge, been any. signs that prohibited parking along N.W. 17th Avenue on either side. Two- weeks ,Ago there came what we mightcall, a parking bust. We. were having :a,,rather sizeable wake,. and, of course, after my parking lot was filled the'', care parked in;an'orderly fashion along 17th Avenue and police cars were out=there, several of them, ticketing persons. My employees 'went out, ;and, tried to talk to the policemen and, of course, they were shushed away and told just to'get out of the way,if It were not their cars. One person who was a little adamant about'having his car ticketed, was given two tickets:' -I don't 'know what -the reason was for the 'second ticket. They were spoken to rather rudely and :x r Y can't say that the did not ,speak rudely to the ,policemen, soit might, have , been just an exchange. Nevertheless, this happened on that,particularnight 4; I called because I felt that there must have been something wrong,, and <I rv' .called Chief Anderson's office who ;sent an officer, a major,`out .to talk with r me. He, .like the policemen who were ticketing the people, .said to me ..as kindly is he could, that there.was no need for signs to be placed anywhere1if 4 thepeople` were parked on 17th Avenue, they were simply parking illegal y :`So I tried to explain to him that over a period of years, -from .957 to 1990,,none of us were aware =- I, as a property owner, and_ the people who visit "`my establishment - none of us were aware that this was'a prohibited. parking area So they said it is, and that really; we did not'need to have signs,'any:warnirig ys_ of any kind. I... Vice. Ma or Plummer; Let me ask a P 3 y question. Are there ;signs there prsaent�.y that prohibit parking? Ms. Range: No, I can answer that.° vice Mayor Plummers All right, well, Mrs. Rang's - "speaking to a 'fellsaw nollaague in the same business - when.x was at Fiagler, Street; these were +�€, h signs ;provided by. Dads County, "No Parking, for Funeral Home Pnly.'! h�ea�e ,his i auoh signs; they. have them, I Know, that, because ,they said, in ..fact, °hut them f' >' there ;'on .8lagler Street in the area just as they would for .a .loading , a�oA07., Q� ga A ► oth�x kind of zone. So l can. tell you that that is,availablsi `, � f, " in � fno�, � , �`�Q that; Via. a permitted parking, they do have those signs availee. Sut''Gh's sn'E y etropplitAu Dade County Traffic & Transportation*, Unto' I*: l eventually asked the `offioez� ghat+ end hol prmiaa,; • x s +siG ghat that would' possibly be one for the "f+ina al" h 1441, `.�ow�v�ra r liar+sen :�1Qne about that, lend es late .ee iaet evening.+ M i g ey exa ,mply offo rl +$ . l ;40,4 ivin - {gt.rC �. i : fi f - � �S tl•1"v �k ��j iti{,y'.:F Y.. a �t Vice Mayor Plummer: Are there any signs there at all? Mg. Ranges None whatsoever... Vice Mayor Plummer: Well, ghat would... Ms. flange: ...and I feel, Commissioner, I feel that it is discriminatory. And I don't like to bring that up, but as I came down 17th Avenue to get on the expressway, north of 54th Street there peoplE were cleared out because nQw they are beginning to recognize the fact that they might be ticketed. But south of 54th Street, there are cars and no police cars are there ticketing those cars, and I resent that. I resent that, and I feel that it is being discriminatory, and I feel that it's wrong. I feel that it's wrong. Also, Mr. Odio asked me about the liquor store. I11c not here to argue the liquor store. But, a permit was given the liquor stoke without any consideration of parking. Where are they going to park? In front of my home, which is on 57th l Street, a residential area, less than 50 feet away from that liquor store.`' That's where they're going to park to go and get their liquor. On the other side of the street, that is a strictly residential area west of that liquor store, and that is where they park. They come up and park behind the liquor store, east of the liquor store in a vacant lot, and I can guarantee you we're F going to have an open air nightclub right there again. And I say that it is s discriminatory, and I am here to make a complaint. I've very upset about it. = I've been in that area for almost forty years. And I intend to continue to f r speak out about it, because I think that I'm being treated unfairly, along ,. with other merchants and people who live and have their businesses in that area. Vice Mayor Plummer: Mr. Manager... Commissioner Alonso: Why... Vice Mayor Plummer: I'm sorry, Commissioner Alonso. Commissioner Alonso: I was going to ask. Why has this problem started now? Why these tickets. now, after all the years that. Miss ,Range has had her business at that location. Why, all of a sudden, they have discovered that parking is not allowed? Vice Mayor Plummer: OK, let me tell you, I think the best way to handle this is, Mr. Manager, would you please give us a report by 6:00 o'clock this evening? Commissioner Dawkins: And make sure that nobody tickets anybody else. Pass the word down. No tickets will be passed out in that area until you've given us a report and we act on it. Oh, yes, why you can't do that? Tell me, Joe, why you can't do it? Mr. Jorge Fernandez: Well, as a matter of policy, this Commission cannot ;. interfere with a... -Commissioner Dawkins: All right, then teLl you what. Can I, as,.,a t Commissioner, say that all tickets that are written, bring them to the City of Miami-,well,.to the City Commission. Mr. Fernandez:, You should not be saying that. Commissioner Dawkins: I say, can.,. Mr.- Fernandez; Well, as an individual, you can volunteer to. pay . or you can volunteer to... Commissioner Dawkins: No, I only... OK. All right, OK. I, see, I have to ,, .`' agree with Mrs. Range. You know, we find ways, but then we don't find ways; ell. right , I'll go to the second part of it, vhich I have this maur.one �`.. Dolls at home. How is it and somebody thee, a per was given for a liquor store that does not meet the parking requirements. Somebody tell me, y .. because they do not have parking, �: ► ae Mayor Plummer: Now; ,that's a rming matter, .; T kK x t . t Comissioner Dawkins: see, it's a toning Matter, but it affects the residents who called my house and come knock on my door. Vice Mayor Plummer: I think that also you're going to get an answer by 6:00, because they don't even know what you're talking about. F� Commissioner Dawkins: Well, I'm going to tell them what I'm talking about. . On the corner of fifty what's that? -57th, Mrs. Range? Y Ms. Range: Fifty-seventh Street and 17th Avenue. Commissioner Dawkins: Fifteenth and 7th... They just opened a brand new liquor store. t Ms. Range: And I'm really not here complaining... Commissioner Dawkins: No, but I am though. Ms. Range: ...about my friend opening a liquor store, but I want you to know b i di i i t I know that ou know that the that I know that that is a ng scr m.na Wry. y , only place those people have to park is in front of my home, in front of my neighbors' homes, which are both less than a hundred feet away from that liquor store on a residential area street. Commissioner Dawkins: But, Mrs. Range, I get calls every day. I'm here to say, you don't have to say it, I'll say it. It would not have been allowed in no other neighborhood, and that's why I'm getting- calls every day. I'm telling people, just bring a note by the house. And I need to know how is it that this individual was allowed a liquor license - I mean an occupational - License to put a liquor store in without adequate parking? Vice Mayor Plummer: We'll get you an answer by 6:00. OK? Commissioner Dawkins: OK now, in the event, what are we going to do if it does not have adequate parking? { Vice Mayor Plummer: We'll have to deal with it accordingly. Commissioner Dawkins: What is it... What do you do? Mr, Odio: If they're in violation of whatever permits they got,' then they have to comply or they have to shut down. Or get fined for it. I don't know.'.. k", Commissioner Dawkins: No, no, we don't need any fines. Mr. Odio: I believe that... Commissioner Dawkins: Yes o ahead Mr. Manager. Mr..Odios She called me about 3 or 4 weeks ago, and I just don'.tL remember.• I had ma other issues in mind but what she asked me was at the time `how. can y , , .: they. put. Liquor store _there without a public hear... without.the neighbors finding out about it? ; The answer to that was, from , the Department was; that according to the zoning there, they did not have to do that. 4 Commissioner Dawkins: Yes, but... s, Mr. Odio: I did not know anything about the parking. That's something new. . • .., Copuaissioner ;Dawkins: OK, all right, see, that's why I am concerned. s Mr. Odios Yea, right. `> Commissioner. Dawkins; Like you said, the people who are calling my, house; palling me for the things that you're talking about that yve can't.;o46 .bay:ara nothing:, about. . Mr..04toI-1-04id she.., , d is�e#Qaar Dawkins; AbovEt how far it to.from another liquor $tore. k k d t fi 75 Mamh'i+4�- � � t'A Mr. ®diot Sure. P Commissioner Dawkinst now many liquor stores in the neighborhood. Mr. Cdior that's right. .. Commissioner Dawkins: And what have you. America, free enterprise... But, as Mrs. Range said, this is Mr. Odiot Yep, Commissioner Dawkinst See? But it's not America when you allow a guy to practice free enterprise illegally. - Mr. Odio: I agree. Commissioner Dawkins: And if a guy doesn't... If that place does not have adequate parking, it's illegal. Mr. Odio: If it's illegal, then we'll have to deal with it accordingly.', Vice Mayor Plummer: You wish to speak? �,• Officer Al Cotera: Yes, Al Cotera, president, Miami FOP 20. I'd not really f wont to take a position of defense for the Police Department, per se, but I ;;. get the feeling that my members are getting a bad rap with the ticketing. The i. r, reason that they were ticketed is not because it's a no parking zone. It is a { moving lane of traffic. I know that because I used to work there, and it is... let's say, if I stopped along the middle of the road on Bayshore Drive and just decided to park... Vice Mayor Plummer: Well, the question immediately has to be... ' Mr. Cotera: ...for many years it was not enforced, for many years. And at { certain periods of. the day or. in. the afternoon or at night, it was not enforced. I'm sure that you are all aware that we have several codes and laws on:the. ._books that,, depending on the neighborhood or where you're at, are not enforced. That is a situation that is occurring on 17th Avenue. Vice Mayor Plummer: The question that she raises is a good question. Why are you ticketing only,on moving lane there, and not other places on 17th.Avenue?, k.` Mr.. Cotera':, iFrom. 54th Street south, number one, you have a wider expanse of roadway. Number two is that you have parking areas along S.W. 7th Street.' You. .have areas that allow for parking,and.areas that do not. The stretch of ; road,from 54th Street to 62nd Street, there is no real space, and what happens is, you find people having to go from the outside lane to the inside lane to avoid', parked vehicles. Ms°. Ran ec. I'm -s eakin , sir, if:- I may, I'm s eakin sir- of 54th ,Street; g - P. 8 , Y, P g,. , south, to;41st. Street, which I. believe is the ,same lanage,; the,:. same:lanaga coming, of that, expressway going. north. on 54th Street. You: have the: same.,, number of, lanes, you have your same left turn lanes going up.. And I: see no - reason,. if this -is, a moving lane, it has been a moving lane. for some 33 years.,, a I'm not saying, sir, that it is wrong. I am saying that it is unfair to the d t'a cpayers 9f this community to come out' and begin "ticketing-" withoµt*.... any; warming, Nobody got any warning tickets, nobody got anything. They simply, wore,, abruptly told that we don't have to have any signs up, here's your ticket, And I think that's wrong. t Mr.. Athos Commissioner Range, I'm sorry, . . Y �u Ma, Range;,, Yoo, Mr . „i�dip�, iut gat -the word. from the Chief that' they will no iongex be tioketing, that it was something that did not filter down fast enough, period. � 2 d �� '40� me. 84y,!, F ,quor ' v a .r l ►iist? They ticketed loot night, ' Y i S -'-� 49 ............. 'RAN" Commissioner Dawkins: That is not the only area that I get complaints about. There is a street called N.E. 2nd Avenue, from N.E. 1st to N.E. 2nd, that the merchants are struggling to stay in business, and they called me from the college and the officer is writing a ticket. But there are signs, and I point to the signs to tell the merchants, the sign says, "No Stopping." And you're stopped. So the guy write a ticket. So I can't understand why there are not signs so people could know. I don't know. Mr. Odio: You know, Commissioner, when we went after the Off -Street Parking Authority on parking meters, we developed a form. If a businessman - and maybe what we haven't done is a good job of telling them this - if a businessman in an area would like to request a parking meter in front of his business, he can do so, and he will get one. Vice Mayor Plummer: No, not if it's in a moving lane. Commissioner Dawkins: On a moving street you can't do it because the first thing they tell... Mr. Odio: Except... no, if it's in a moving lane, no. Commissioner Dawkins: What did they tell you, that if you're going south, either on... on the north, 2nd Avenue or 17th, that if you block up that moving lane, then an individual coming, when he gets to that car that's parked, he's got to pull out, and then if he's trying to turn west on 54th Street... I don't know. Then the County, some kind of way, but some kind of a way, you either got to put signs up or something to tell people what the law is. Vice Mayor Plummer: All right, would you give... us a report back on both the police issue and o'clock, sir. Thank you. Ms. Range, we'll have... Ms. Range: I'd like to say just one other thing... Vice Mayor Plummer: Of course. Mr. Manager, would you give the zoning issue at 6:00 Ms. Range: ...and I hope you will not consider my being small in saying this. But I trust the gentleman who represented the police will not feel that I am s` attempting to give the police a bad rap. And I hope, as a result of my coming here today, that Range Funeral Home cars will not be ticketed all over the City of Miami. I hope that. Vice Mayor Plummer: I'm sure if it happens, you will make us aware. 21. REAFFIRM RESOLUTION 88-569, WHICH APPROVED, IN PRINCIPLE, DEVELOPMENT OF - AFFORDABLE HOME OWNERSHIP HOUSING PROJECT (52 UNITS) ON FERN ISLE NURSERY SITE BY ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY - EXECUTE 'AGREEMENT FOR CONVEYANCE OF TRACT "C" - EXECUTE AGREEMENT BETWEEN CITY AND ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY. --------------------------------------------------------------------- Vice Mayor Plummer: Item 13. Mr. Odio: This is the Allapattah Business Development Authority, a not -for - profit corporation. They have sponsored this project finally. They have a deadline with Dade County, the Documentary Surtax Advisory Council, and it's imperative that we award this today. a second? Any further discuaaioh? 77xht, f a 11 The following resolution was introduced by Commissioner Alonso, who moored its adoption: RESOLUTION NO. 91-214 A "SOLUTION, WITH ATTACHMENTS, RELATING TO THE r DEVELOPMENT OF A 52 UNIT AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT PLANNED FOR DEVELOPMENT ON THE CITY - OWNED FERN ISLE NURSERY SITE BY THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY; RATIFYING, APPROVING AND REAFFIRMING RESOLUTION NO. 88-569, ADOPTED ON JUNE 9, 1988, WHEREBY THE CITY COMMISSION APPROVED IN PRINCIPLE, THE AFOREMENTIONED NOT -FOR -PROFIT CORPORATION AS THE PROJECT SPONSOR TO UNDERTAKE THE DEVELOPMENT OF TWO (2) MEDIUM DENSITY RESIDENTIAL PROJECTS ON THE FERN ISLE NURSERY SITE, ALSO KNOWN AS TRACTS "B" AND "C"; FURTHER RATIFYING, APPROVING AND REAFFIRMING MOTION NO. 89-172, ADOPTED FEBRUARY 9, K, 1989, WHEREBY THE CITY COMMISSION ACCEPTED A PURCHASE OFFER FROM THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN THE AMOUNT OF THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($325,000) FOR TRACTS "B" AND "C" SITUATED AT THE SOUTHERN MOST PORTION OF THE FERN ISLE NURSERY SITE; ESTABLISHING SEVENTY FIVE THOUSANDS it DOLLARS ($75,000) AS THE REIMBURSEMENT AMOUNT TO BE PAID TO THE CITY FOR TRACT "C" WHERE THE PROPOSED 52 UNIT TOWNHOUSE PROJECT WILL BE CONSTRUCTED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND E SALE AGREEMENT FOR CONVEYANCE OF TRACT "C", WHICH IS r:. MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A", TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR THE DEVELOPMENT OF SAID HOUSING PROJECT, SUBJECT TO CERTAIN TERMS AND CONDITIONS AS SET FORTH THEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN CONNECTION WITH THE PROPOSED TOWNHOUSE PROJECT. (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 Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Xavier L. Suarez. Vice Mayor Plummer: Yes, item 14, a resolution... Mr. Odio: Fifteen, fifteen. Vice Mayor Plummer; ...Mr. Manager. Mr. Odio; Fourteen was deferred, Commissioner Dawkins; Deferred, OK. Vice Mayor Plummer; Deferred? ComMjsnioner Dawkins; Continued, yea. Mr.Odio; Continued. 70 the resolution was passed a 11 The following resolution was introduced by Commissioner Alonso, who moored its adoption: RESOLUTION NO. 91-214 A "SOLUTION, WITH ATTACHMENTS, RELATING TO THE r DEVELOPMENT OF A 52 UNIT AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT PLANNED FOR DEVELOPMENT ON THE CITY - OWNED FERN ISLE NURSERY SITE BY THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY; RATIFYING, APPROVING AND REAFFIRMING RESOLUTION NO. 88-569, ADOPTED ON JUNE 9, 1988, WHEREBY THE CITY COMMISSION APPROVED IN PRINCIPLE, THE AFOREMENTIONED NOT -FOR -PROFIT CORPORATION AS THE PROJECT SPONSOR TO UNDERTAKE THE DEVELOPMENT OF TWO (2) MEDIUM DENSITY RESIDENTIAL PROJECTS ON THE FERN ISLE NURSERY SITE, ALSO KNOWN AS TRACTS "B" AND "C"; FURTHER RATIFYING, APPROVING AND REAFFIRMING MOTION NO. 89-172, ADOPTED FEBRUARY 9, K, 1989, WHEREBY THE CITY COMMISSION ACCEPTED A PURCHASE OFFER FROM THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN THE AMOUNT OF THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($325,000) FOR TRACTS "B" AND "C" SITUATED AT THE SOUTHERN MOST PORTION OF THE FERN ISLE NURSERY SITE; ESTABLISHING SEVENTY FIVE THOUSANDS it DOLLARS ($75,000) AS THE REIMBURSEMENT AMOUNT TO BE PAID TO THE CITY FOR TRACT "C" WHERE THE PROPOSED 52 UNIT TOWNHOUSE PROJECT WILL BE CONSTRUCTED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND E SALE AGREEMENT FOR CONVEYANCE OF TRACT "C", WHICH IS r:. MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A", TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR THE DEVELOPMENT OF SAID HOUSING PROJECT, SUBJECT TO CERTAIN TERMS AND CONDITIONS AS SET FORTH THEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN CONNECTION WITH THE PROPOSED TOWNHOUSE PROJECT. (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 Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Xavier L. Suarez. Vice Mayor Plummer: Yes, item 14, a resolution... Mr. Odio: Fifteen, fifteen. Vice Mayor Plummer; ...Mr. Manager. Mr. Odio; Fourteen was deferred, Commissioner Dawkins; Deferred, OK. Vice Mayor Plummer; Deferred? ComMjsnioner Dawkins; Continued, yea. Mr.Odio; Continued. 70 the resolution was passed a t f 22, AUTHORIZE ISSUANCE OF $10,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1991 FOR PURPOSE OF REFUNDING: (a) FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, (b) HOUSING BONDS, (c) SANITARY SEWER SYSTEM BONDS, (d) STORM SEWER IMPROVEMENT BONDS, AND (e) STREET AND HIGHWAY IMPROVEMENT BONDS (1983). Vice Mayor Plummer: OK, item IS. Mr. Odios This is to... We admitted $19,000,000 back in 1983. The interest at that time was high. It was 8.78. We feel that we can get an interest of 6 1/2 percent at this time the way the market is. Vice Mayor Plummer: Is there a motion? Commissioner Alonso: That's fifteen... Vice Mayor Plummer: Motion by Alonso, seconded by... A S, Commissioner De Yurre: I'll second for discussion purposes._ r: Vice Mayor Plummer: ...De Yurre. Commissioner Dawkins: Under discussion. You know... Vice Mayor Plummer: Under discussion, Commissioner De Yurre. Commissioner Dawkins: OK, I'm sorry. E; Commissioner De Yurre: No, go ahead, Miller. Commissioner Dawkins: OK, you know, this is another one of those instances - where we constantly do things saving money, and we're still short of money. - Now, this morning we sold tax anticipation bonds because we had a shortfall. - Now, you're going to sell - refinance... and this is nothing new. I fight = this everytime you plan to do it, because I look at it as my home. If I were to refinance my home, they do not refinance it for the number of months left - on the note. I have to go in and get another 20 or 30 year note. . So, therefore, when we refinance bonds, we .are adding payments on future generations. So again, Mr. Manager, I just have to point out that you - constantly are doing things telling me that we're saving money. - Mr. Odio: Yes, I... Commissioner Dawkins: But I'm constantly seeing that... I don't see it, _ personally, that's all. Vice Mayor Plummer: Mr. Garcia, do you have a response, sir? Mr. Carlos Garcia: Yes, and the life of these bonds will be the same as the = one of the original bonds. Now, by doing this transaction, I would say that we'll save about a million dollars. I was showing Commissioner Alonso .a yesterday, a schedule that show we have savings then of a million one. That 3 was a run that was done about three weeks ago: I have some new numbers that were run yesterday and we're showing a savings 'of $910,000. - Vice Mayor Plummer= That's... OK. Commissioner De Yurre, did you have - discussion on this item? ` Commissioner De Yurre: No, go ahead. -sf Vice Mayor Plummer: OK, any further discussion? Sir, is it the same e statement that you made before? Mr. Manuel Gonzalez: No, it's a totally different one. Vice Mayor Plummer: All right, sir, for the xecord, your name and mailing _ address, z 79�► R G Kr i Mr. Gonzalez. I am Manuel Gonzalez, 227 Santillene Avenue. The situation we t. go back to this bond issues. The one who take a good piece of the action are the bond counsel. 1 would like to know in all these different issues, how much of the total amount of the refinancing our bonds issues are going to bond counsel? Vice Mayor Plummerr Thank you, sir. Mr. Garcia, do you have an answer of the cost of bond counsel? Mr. Garcia: I think this transaction, City Attorney can respond to that. It's about $17,000? Mr. Jorge Fernandez: Correct, there has been already, as you know, when you establish a rotational system for bond counsel, also a bond counsel fee schedule. For a bond issuance of this size, the fee would be, I believe, less than $17,000. 1 don't have that... Mr. Odio: Yes, I'd rather pay $17,000 and save nine hundred thousand. Vice Mayor Plummer: Is the $17,000 included in the nine hundred savings? Mr. Garcia: Yes, sir, it is. Mr. Fernandez: Yes. Vice Mayor Plummer: Fine, thank you. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-215 A RESOLUTION OF THE CITY OF .MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $19,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1991, OF THE CITY FOR THE r PURPOSE OF REFUNDING ALL OR A PORTION OF THE CITY'S FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, HOUSING BONDS, SANITARY SEWER SYSTEM BONDS, STORM SEWER IMPROVEMENT BONDS AND STREET AND HIGHWAY IMPROVEMENT BONDS, ALL DATED MAY 1,'1983; PROVIDING THAT SUCH GENERAL OBLIGATION REFUNDING BONDS SHALL, SUBJECT TO CERTAIN LIMITATIONS, CONSTITUTE GENERAL OBLIGATIONS OF THE CITY, AND THAT, SUBJECT TO SUCH LIMITATIONS, THE FULL FAITH, CREDIT AND TAXING POWER OF THE CITY SHALL .BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF. THE PRINCIPAL OF AND THE `INTEREST ON -SUCH GENERAL OBLIGATION REFUNDING BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS "IN CONNECTION THEREWITH; APPROVING THE FORM OF AN ESCROW DEPOSIT 'AGREEMENT; �'. AUTHORIZING THE NEGOTIATED SALE OF SUCH GENERAL j; OBLIGATION.REFUNDING BONDS; APPROVINGTHEFORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AWARD THE SALE OF THE BONDS AND TO APPOINT AN ESCROW AGENT, A PAYING AGENT AND A BOND REGISTRAR; } APPROVING THE CONDITIONS AND CRITERIA OF SUCH SALE; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT AND, OFFICIAL STATEMENT; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND r;. PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) E� AYES: NOES: ABSENT: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L, Plummer, Jr. Commissioner Miller J. Dawkins Mayor Xavier L. Suarez. Vice Mayor Plummer: Item sixteen, the buying of a damn expensive truck. Commissioner Dawkins: You know, I'm going to tell you, Mr. Manager, I said that as long as we did not give away money, I wasn't going to bother. But all of those pet projects and turkeys and what have you that I have, I'm going to bring a motion at the next Commission meeting that we fund some of them. Because I mean, I sit up here, and I try and we give $200,000 to one group. We give fifty thousand.., so I'm going to see if I can't get some of my.... Vice Mayor Plummer: Be careful, the turkeys in Tallahassee have turned to buzzards. Commissioner Dawkins: OK, well I can see whether they're going to pass my turkeys here or not. Vice Mayor Plummers OK. ------------------------------------------------------------------------------ 23. ACCEPT BID. SAULSBURY FIRE EQUIPMENT CORPORATION - FOR FURNISHING ONE HAZARDOUS MATERIAL RESPONSE VEHICLE. ---------------------------------------------------------------------------- Vice Mayor Plummer: A fire... a special duty equipment for the Fire Department of $390,000. Commissioner Dawkins: Move it! Vice <Mayor Plummer:; Is _there a second? Seconded by De Yurre. Is there any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-216 A RESOLUTION ACCEPTING THE BID OF SAULSBURY FIRE EQUIPMENT CORPORATION FOR FURNISHING ONE (1) HAZARDOUS MATERIAL RESPONSE VEHICLE TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED AMOUNT OF $390,334.00; ALLOCATING FUNDS THEREFOR FROM °. CAPITAL. IMPROVEMENT PROJECT NO. 313234, ACCOUNT CODE - NO. 289401-840; AUTHORIZING THE CITY .MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) <. Upon being seconded by Commissioner De Yurre, the resolution was passed w and adopted by the following vote: Fi .,: AYES: Commissioner Victor De Yurre { '};.. Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOESs' :None, A8$ :- Mayor Xavier L. Suarez. �ht t¢e Mat i }gyp Rii- A.3•'� - � ' i -tf Cam. 1�,$ al �c.Lw.L.W..Y.rrQ�LL—iib----ii.Li.w---i_.Lr.Gig-----�.--L—L--- --- -----------------------r.r 24. RATIFY MANAGER'S FINDING OF IMMEDIATE NEED FOR ACQUISITION OF LIGHT BARS WITH SIREN AND SPEAKER ATTACHMENTS, AND CONVERSION KITS FOR MOUNTING LIGHT BARS AND PARTITIONS TO DE INSTALLED ON NEW 1991 CHEVROLET PURSUIT VEHICLES, FROM: PUBLIC SAFETY DEVICES. --..---------------.---------L------------------------------- Commissioner Dawkinst They're finally spending some money with a lady. Pass it, 17. Vice Mayor Plummer: Seventeen. Buying sirens for the police vehicles. Moved by Dawkins, seconded by De Yurre. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-217 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING ACTIONS OF THE CITY MANAGER IN FINDING AN IMMEDIATE NEED FOR ACQUISITION OF LIGHT BARS WITH SIREN AND SPEAKER ATTACHMENTS, AND CONVERSION KITS -FOR MOUNTING LIGHT BARS AND PARTITIONS TO BE INSTALLED ON NEW 1991 CHEVROLET PURSUIT VEHICLES AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SUCH EQUIPMENT TO PUBLIC SAFETY DEVICES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, AT A TOTAL PROPOSED COST OF $49,259.32, WITH FUNDS THEREFOR BEING ALLOCATED FROM THE CONTINGENT FUND, ACCOUNT CODE NO. 921002-840. (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: i AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins i' Commissioner Miriam Alonso Vice Mayor-J. L. Plummer, Jr. r NOES: None. } ABSENT: Mayor Xavier L. Suarez. r, ^------------- ----------------------------------------------------------- 25. -RATIFY MANAGER'S FINDING OF IMMEDIATE NEED FOR ACQUISITION / C` INSTALLATION OF DECALS FOR POLICE PURSUIT VEHICLES, FROM: TRIM -LINE OF MIAMI. --------------------------------------------------------------------------- Vice Mayor Plummer: Signs for the side of the vehicles. A hell of a lot of money, it seems like to me. Is there a motion? This is to buy the decals for the side of the police cars. �F Ms. Hirai: Eighteen. Commissioner Dawkins: No, no. Vice Mayor Plummer: No. { Commissioner Dawkina: What makes this... Mo. Hirai: CommIssioner, the microphone, please. Commissioner Dawkins What makes this... ql k 82 r. t Me. Hirai: Victor, the microphone his microphone. Vice Mayor Plummer: Go ahead, Commissioner Dawkins, Commissioner be Yurret Put on your mike. Turn your mike on. Commissioner Dawkinst I thought they had it as an emergency, but they changed it. It's no logger an emergency, and I wanted to... Vice Mayor Plummer: Is there a motion? -by De Yurre. Seconded by.... Commissioner Alonsot Second. Commissioner Dawkins: Under discussion. Vice Mayor Plummer: ...Alonso. Under discussion, Commissioner Dawkins. Commissioner Dawkins- What does... the money comes from the Department of General Service Administration and Solid Waste. What does Solid Waste have to¢` r do with paying for decals? , Vice Mayor Plummer: It's now one organization. Mr. Ron Williams: Nothing. Commissioner Dawkins: All right, you see but there again, when ` B , Y , g , you start telling me that Sanitation cannot support itself, here is $34,000,000 that might come out of the Sanitation Department's budget and then you tell me that he it can't support ' Y, pport itself and it's the only one out here not supporting itself and here we are, taking money from Solid Waste to do police work. Mr. Williams: Commissioner, this $34,000 is allocated from the contingency fund. Commissioner Dawkins: What contingency? Whose contingency? Mr. Williams: Department of... :. Commissioner Dawkins: The City of Miami's contingency fund. Mr. Williams: Absolutely. Commissioner:Dawkins: All right, but you all don't have no contingency fund for,the-Solid Waste Department. It's just that the can't su - P 3 Y PPortthemselves. y i OK? All right? Commissioner De,.Yurre:: No, ,but it's a valid question. What does Solid Waste have to do with this? fix.. Mr. Odio: Nothing at all. Commissioner De Yurre: Huh? Mr. Odio: Nothing at all. t Commissioner De Yurre: So, what's her name.... Mr. Odio: The Department of GSA, Solid Waste is a combined department under 'F E one, director. Commissioner Do _Yurre: OK. Vice Mayor Plummer; It's now known as one, �. ter,>,©dio It's known as one. Commissioner De Yurre:- So none of the $34,000 comes out of $slid Waste ` X.r. COOS : No. They have their own-Jius item budgets, f ;j via: Mayor Plvmor: Any further discussion? Call the roll. "w t` n , 6 �fl nr z $3 Msrch. 14 a h Fi Ri 1 A` 4�p 1 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 01-218 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING ACTIONS OF THE CITY MANAGER IN FINDING THE NEED FOR ACQUISITION AND INSTALLATION OF DECALS FOR POLICE PURSUIT VEHICLES TO BE AN IMMEDIATE NEED AND IN AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR THIS SERVICE TO TRIM -LINE OF MIAMI FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE AT A TOTAL PROPOSED COST OF $34,000.00, WITH FUNDS THEREFOR BEING ALLOCATED FROM THE CONTINGENT FUND, ACCOUNT CODE NO. 921002-840. (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 Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins ABSENT: Mayor Xavier L. Suarez. 26. APPROVE AMENDED ADMINISTRATIVE BUDGET OF MIAMI SPORTS AND EXHIBITION f< AUTHORITY FOR FY 1990-91. --- ---- ------------------------------------------------------ Vice Mayor Plummer: Item 19, Victor, Sports Authority budget. f Commissioner De Yurre: Bill Perry, director, executive director. Mr..Bill Perry: This item has been placed before you primarily because of the convention development tax proceeds that we're cutting back on due to the proposed construction of the Performing Arts Center. The interlocal agreement has not been brought to you yet, this is just a hundred thousand dollar decrease ,that is coming from our operational budget specifically from'the ' — event, sponsorship line item. So this is just before you to decrease that particular line item budget and our overall; budget by about a hundred thousand dollars. Vice Mayor Plummer: Is there a motion? Commissioner Do Yurre: Move. Commissioner Dawkins: Wait a minute.: ., Vice -Mayor Plummer: Well, we can still make a motion. Is there a second?, Conmaiasioner Alonso: Yes, second. {a Commissioner Dawkins: OK no, wait... OK. $- r: Vice Mayor Plummer: Under discussion, Commissioner Dawkins. k` CQmmismi,oaer Dawkins: Explain to me, Mr. Perry, why is it even though `= Commissioner Winn said that we work collectively together, why must we take a million dollars from our, operating budget for those facilities that the Port ,- Authority and people that we pay... I mean, why do we have to take a hundr,�d th usand dollars fromourbudget Instead of just, telling them no? r $4 MOO `444, yK A • Mr. perrys Well, I mean, the $100,000 doesn't necessarily - it's not etched in stone it has to come out. It's based upon the project getting off the ground. I mean, this is just a proposal. The interlocal agreement that involves the specific funding as relates to the City of Miami, Dade County, and Miami Beach has not come before you yet. This was a decision that was f` ; made through the convention development tax and the county and based upon that funding, we are funded by them. OK. It has been since approved by the Sports Authority board, and the next movement or mode of action that I have to take is to bring it before you. Commissioner Dawkins: So the board, your... for the lack of a better word, the Sports Authority board, just approved this without attempting to fight it or argue about it or nothing. Mr. Perry: Well, there was some... Commissioner De Yurre: Well, let me give some background here. There was a longstanding battle with the County as far as the funding that... that with the Sports Authority, Sports and Exhibition Authority, receives. They have... they're empowered to actually take the whole thing. And through a lot of negotiations back and forth, we came up to the figure of $650,000 that they would fund us, aside from paying, you know, the debt service on the bonds and everything else to take care of the Arena, we're getting guaranteed six fifty which will increase through the - what was it? -3 percent annually? Mr. Perry: Three percent, three percent. Commissioner De Yurre: Annually. So we were assured of maintaining the minimum that we needed to keep the Authority going and continue the work that has been done. Now, this amount was negotiated, we have gone through the budget, restructured the budget, to show the $650,000 figure, and what happens is that we have to reflect... it is reflecting $100,000 less than it used to be before, because of this change. So that's why we're bringing it before the Commissionatthis time. Mr. Perry: And the situation is, also I mean, you have not had the opportunity to vote upon the interlocal agreement. That will be brought to you later on. It should be brought to you by the County, and that can be approved or disapproved by you at that time. If you decide to vote the interlocal agreement down, then that, in effect, that $100,000 should stay in place. Commissioner Dawkins: What's your recommendation, Victor? Commissioner De Yurre: Well, to go ahead and approve the request. Vice Mayor Plummer: All right, I'm going to go along with this motion to approve this. But I want to tell you something, I don't really see three votes up here to approve this interlocal agreement. Mr. Perry: Well, that's why I'm bringing this to you first, to get your feedback on it now. Vice Mayor Plummer: OK, I'm just telling you. I guarantee you, I will absolutely 0..under no circumstances, vote for that interlocal unless there is as absolute guarantee by the County that they will underwrite any deficit in the Arena. Now, if they're going to be taking money from that Arena, and suddenly you have some kind of, God forbid, a catastrophe, they're going to have to underwrite it. Because they're taking your contingency fund. -:I {; salute you for being able to reduce your budget by $100,000, but I'm not going to let you reduce it to put me into jeopardy where two or three years down the g road something comes out of left field and suddenly you're looking to the City fommission to make up that deficit I'm saying to you whoever is writin KI that interlocal agreement, better understand, for this one's vote, I won't even consider ,it unless they pledge to underwrite any deficit on that Sports Authority on that Arena, I'm sorry. Mr. Perry: I'll give that in... Commissioner De Yurre: To the extent of the monies that they're taking, 4 85 March 1 1991 �: f 0 Al�Kqq Vice Mayor Plummer: I'm sorry? Commissioner De Yurres To the extent of the monies that they're taking. r Vice Mayor Plummert At least. Mr. Perrya They have been given and the interlocal agreement has not been finalized as of yet, but we will have direct input into the interlocal agreement. The asset repair and replacement on the Miami Arena is like forty million dollars over 25 years. Vice Mayor Plummers Right. Mr. Perry: So, that will be placed in the interlocal agreement. I'll make sure that once it comes back to you, that will be taken care of. Vice Mayor Plummer: OK. Any further discussion on 19? Hearing none, call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoptions RESOLUTION NO. 91-219 A RESOLUTION, WITH ATTACHMENT(S), APPROVING AN AMENDED ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR FISCAL YEAR 1990-91. n_� Commissioner Dawkins: along with this... All right, let me, under, you know, I could perhaps go Vice Mayor Plummer: Hello. Commissioner Dawkins: ...if I had not been an employee at Miami -Dade since 1911. And in my opinion, the - what is that up there? -to teach us, teach you all? Criminal Institute? Lt. Joseph Longueira: The Institute of Criminal Justice. That was the name. Commissioner Dawkins: Institute of Criminal Justice has not, in my opinion, acted in good faith. There has never, to my knowing, ever been a black as a full time instructor at the criminal justice. There has never been a Latin as a full time instructor. And now, this criminal institute or justice, whatever, wants to have me endow a chair to continue for them to carry on the same way. Now, you tell me, the monies will provide bonuses for these same people that they continue to hire, equipment to exceptional teachers and, again, I say, I have yet - and I've been at Miami -Dade since 1970 - I have yet to see a full time black or Latin employee at the Criminal Justice Building. Now, when they cleanup their act, I'm in favor of endowing a chair. Vice Mayor Plummer: What is your motion? Commissioner Dawkins: Motion to deny. Vice Mayor Plummer: Is there a second? Commissioner Alonso: Yes, I second. Vice Mayor Plummer: Motion is seconded to deny. Any further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 91-220 A. MOTION TO DENY AGENDA ITEM 20 - A PROPOSED RESOLUTION WHICH WOULD HAVE AUTHORIZED SPONSORSHIP OF AN ENDOWED TEACHING CHAIR FOR THE MIAMI-DADE COMMUNITY COLLEGE CRIMINAL JUSTICE PROGRAM ($45,000 - FROM LAW ENFORCEMENT TRUST FUND). Upon being seconded. by Commissioner Alonso, the motion was passedand adopted by,.the following vote: ti AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. , NOES: None. . ABSENT: Mayor Xavier L. Suarez. b S SJ y ( G , C '7C 0 riirlcYiG.i.Y.iYa4awYyr.1. :ii1'r.i.i�ii��asara irYiiwiiiir lrri+wt.ti �. ------------------ rats—r ---Lc 28, AUTHORIZE COSPONSORSHIP OF METRO-MIAMI ACTION PLAN KINGLAN NON -VIOLENCE WORKSHOP. ---w..sir.ri—r---i.s---------------------- Vice Mayor Plummer: Item 21. The co-sponsorship of the Action flan, Kinglan Non-Violenee Workshop, from the Law Enforcement Trust Fund. Is there a motion? Commissioner Alonsot I so move. Vice Mayor Plummer: Moved by Alonso, seconded by De Yurre. Further discussion? Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-221 A RESOLUTION AUTHORIZING THE COSPONSORSHIP OF THE METRO-MIAMI ACTION PLAN KINGIAN NON -VIOLENCE WORKSHOP AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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.f. NOES: None. ABSENT: Mayor Xavier L. Suarez. �Y --------- -------------------------------- -------------------------------------. 29. AUTHORIZE SPONSORSHIP OF ANNUAL TRAINING CONFERENCE OF NATIONAL ;1 ORGANIZATION OF.BLACK LAW ENFORCEMENT EXECUTIVES. -- - ---- - ----- ------ ---- ----------------------------- -------- Vice Mayor Plummer: From the. Law Enforcement Trust Fund, not to exceed $201000;for..the,,National Organization of Black Law Enforcement Executives. Is there a motion? Commissioner Alonso: Second. Vice Mayor Plummer: By De Yurre, seconded by Alonso. Any further discussion? Call the roll. 4[ ;3 . Uw 3� M i 1 t N s .! �r 3 i Y' A h � A RESOLUTION AUTHORIZING THE SPONSORSHIP OF THE ANNUAL TRAINING CONFERENCE OF THE NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVE, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $20,000, FROM THE CITY OF MIAMI LAW ENFORCEMENT 'TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ' Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins is Commissioner Miriam Alonso a.Y.. r Vice Mayor J. L. Plummer, Jr. NOES: None. 4�. ABSENT: Mayor Xavier L. Suarez. --------------- --------------------------------------------------------------- #< 30. AUTHORIZE SPONSORSHIP OF 1992 TRAINING CONFERENCE OF INTERNATIONAL ASSOCIATION OF WOMEN POLICE. k l Vice Mayor Plummer: Item 23, from the same fund... €— h Commissioner De Yurre: Move. Vice Mayor Plummer: ...not to exceed $25,000 for Association of Women Police.- s Commissioner.Alonso: Yes, I so move. Commissioner De Yurre: Move. Vice Mayor Plummer: Moved by Alonso... Commissioner. De Yurre: Second. Vice Mayor Plummer: ...seconded by De Yurre. Any further discussion? Call` the roll. Commissioner Alonso: I'm delighted.: The following resolution was introduced by Commissioner Alonso, who moved its adoptions ' RESOLUTION NO. 91-223 A RESOLUTION AUTHORIZING .THE SPONSORSHIP OF THE 1992 ':. ;; TRAINING CONFERENCE OF THE INTERNATIONAL ASSOCIATION OF WOMEN POLICE, AND ALLOCATING FUNDS THEREFOR, IN AN u.r AMOUNT NOT TO EXCEED $25,0000 FROM THE LAW ENFORCEMENT : TRUST IiUND, SUCH COSTS HAVING BEEN APPROVED BY THE V": CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Do Yurre, the resolution woo passed u - .tog4 . by the 40110 ping votes K L r }l Marc 11 Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonzo Vice Mayor J. L. Plummer, Jr, None. Mayor Xavier L. Suaret. 31. AUTHORIZE FUNDING OF A CAREER CRIMINAL PROGRAM. ;q .>_------------------------------------- ----------- - ------------... Vice Mayor Plummer: Twenty-four, from the same fund, amount not to exceed r $32,000 for Career Criminal Program. Commissioner De Yurre: Move. Vice Mayor Plummer: By De Yurre. Seconded by Dawkins. Commissioner Alonsot Second. Vice Mayor Plummer: Any further discussion? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 91-224 A RESOLUTION AUTHORIZING THE FUNDING OF A CAREER your organizations.. I mean, your unit, ever written a grant or a proposal to request funds to do this kind of work with the public since we have all these complaints of police interaction, police citizen interaction, it would appear to me that we could provide funds for workshops in the Latin community, the black communities, the Haitian community, in an order to sort of, Joe, get more of a feel so that the citizens understand that the police are not their enemy, and the police understand that the citizens are not their enemy. Is it any way that you could think of that some grants, something could be written for this? Mr. Joseph Ingraham: I'm not sure in reference to the legalities of the use of the Law Enforcement Trust Fund. Their... Commissioner Dawkins: Well, hold it, hold it, hold it now, wait now. Wait, OK? Vice Mayor Plummer: Five and five fifteen. Commissioner Dawkins: If it's legal - listen to me closely... Vice Mayor Plummer: Forty-five and forty-six. Commissioner Dawkins: ...to fund a training conference, OK? Vice Mayor Plummer: You're not going to get away from five. Commissioner Dawkins: Which will provide training seminars and management, crime prevention, community oriented policing, stress management, and a host of other topics, OK? If it's legal for to have alternate solutions to confrontations during periods of unrest and civil disturbances. The Miami Action Plan will have a series of workshops for 450 youth, youth leaders, crime prevention practitioners, educators, law enforcement personnel, and others it's legal. OK? Is it legal for the Miami Department, Police Department, in conjunction with Dade County, States Attorneys Office and the Metro -Dade Police Department implement a Career Criminal Program aimed at identifying and targeting offenders that meet the following career criminal` criteria: three previous convictions, any juvenile conviction as an adult and at least one state prison incarceration for a felony. Now, if we can do that, what would make you think, sir, that it would be illegal to work through your organization with the public? is Mr, Ingraham: As a matter of clarification, Commissioner Dawkins, as far as a the actual use of the funds, I was trying.to indicate that I was not sure of' what you just indicated, but I -can talk about this matter with the Chief.I have. not had an: opportunity to be as debriefed on it as you are. I was not f,.. involved in the development. Obviously, it's a step in the right direction on thepartof the Chief and the department, and I think it's a very good attempt on: their part ,to do what's right in this community. In reference :to the office :of Professional Compliance's involvement in it, we're elated that �k ~ they're doing the right thing. As far as our actually applying for the funds, we:'ve not, done that, and have not, sought to do that:, but I' can talk to the- .. Chief about it. , Commissioner Dawkins: No, OK, I want you to talk to the Manager about it. Mr. Ingraham: OK. Commissioner Dawkins: See? Then the Manager will tell you whether he thinks it,can::be done or not. Then you go talk to the Chief, see, because there's no Point... Lt. Joseph Longueira: It's got to go to the Chief. Commissioner Dawkins: Say what, Joe? -it can't be done? Longueirao Sir, he's got to get the approval of the Chief of Police. ' That'q the,_onlyons that can authorize the use of the funds.. Co 'issi+onnr Daw)ciaai Yes, but you 4e4, but see, all right,,. 1 Vice Mayor Plummer: No, ao, no, now let's don't go into that argument. 'r 91 i'f is r t it.. Commissioner Dawkins: No, no, no, no. Vice Mayor Plummer: You're wrong. Commissioner Dawkins: here's the one the Chief... here's one the Chief just approved and we didn't, Lt. L.ongueira: OTC. Vice Mayor Plummer: Hey, I'm going to bring you the law, Joe. That is... you know, we are traveling under a misconception. Mr. City Attorney, let's get it clarified once and for all. The law that I read handed down by the State of Florida, yes, gives the Chief the right to do certain things. But in the final analysis, the wording, as I recall it, is the municipal authority. We, are the municipal authority. Mr. Jorge Fernandez: It takes two to tango. And what happens here under the law, under the scheme of the statute as it presently stands, is that the only one that can propose is the Chief. But you are the one who has the final vote. Vice Mayor Plummer: Are you saying we can't propose? Mr. Fernandez: No, you cannot, sir. Not under the state law. Vice Mayor Plummer: Sir, I beg to differ with you, and I ask you go back and read it again. Mr. Fernandez: I will. Vice Mayor Plummer: And I want you also when you're reading it, to delineate - for me... Mr. Fernandez: Yes. Vice Mayor Plummer: ...what is the 'parameters of what that money can be used for, because what we have been told here is not what I read in the state law. a I think it is much broader than what we have been told here, and I think there is more latitude than what we have been told here. Mr. Fernandez: Yes. There are four or five specific areas that the statute addresses and then there is a catch all provision that says, for any other law enforcement 'purpose, which really is meant to give both the Police Chief and the City Commission wide latitude in both of them agreeing as to what would be funded with, these funds. ' Vice Mayor Plummer: Sir, I beg you to read beyond that provision, which does, in fact; tate similar wording that says, the municipal authority. Now, all I'm saying to you is, I read the law and I think one, there's greater .. parameters for what that money can be spent for than what we're being told. And, two,. I'think this Commission, as the municipal authority, has -more ' x latitude than what you have indicated and which we have been traveling. I 'would ask you to write us a memo... Mr. Fernandez: I will. Vice Mayor Plummer: ...each and every one of us, sir, to clarify that. f Commissioner Dawkins: OK, Mr. Vice Mayor... fi Vice Mayor Plummer: Sir. Commissioner Dawkins: Mr. City Attorney. r Mr. Fernandez: Yea, sir. Commissioner Dawkins: Joe, come back to the mike, Joe, Joe.., Vice Mayor Plummer: For everyone else's edification, this Ls the last item. d We will: be breaking for lunch and coming back at 2:00. Go ahead, Joey t .aa !mor 'Aa ine: The Other Mayor came back at 2:30, x K xy e -- k' Mr. ddntalek: My address ` the police is 448-8416. S i is 227 Santillone Avenue. And my phone number for Vice Mayor Plummer: All right, sir. Mr. Gon2ale: I am from Puerto Rico. I'm going to help but not incite criminal riots, but civil disobedience. Because as long as there is police brutality in the City of Miami, I don't think that we can praise Valladares 5 and the civil rights, when we don't practice the civil rights here where they have to be started... we have to give the example. I have been myself through police brutality, Mr. Orfenio Verrier has been through police brutality, the six beasts from the City of Miami Police murdered an individual human being, yet, where is the report from the Office of Professional Compliance? Vice Mayor Plummer: Sir, let me ask you a question. Obviously, you have a specific case in mind. Mr. Goenaga: Many. Vice Mayor Plummer: All right. Have you gone through the regular procedures of internal affairs? Mr. Goenaga: Yes. Vice Mayor Plummer: You have? g, Mr. Goenaga: And let me tell you. Internal affair is a mockery.' Vice Mayor Plummer: You have gone through that procedure? jr f. Mr. Goenaga: Yes, yes. ' Vice Mayor Plummer: All right. And you disagree with their findings? ' Mr. Goenaga: Well, they are the cover-up for the police department.. Vice Mayor Plummer: Sir, I didn't ask that. I asked, you disagree with their findings?, ,. Mr. Goenaga: Of course. s Vice Mayor Plummer: OK. Mr. Manager. t Mr. Odio: Yes. S Vice Mayor Plummer: After that procedure, then they go to the Office of g Professional Compliance. s Mr. Goenaga: Of Professional Compliance, yes. s Vice Mayor Plummer: Have you gone to that procedure? 3 Mr. Goenaga: Yes, air. 1 F Vice"Mayor Plummer: And you disagree with their findings? g� Mt. Goenaga: Kind of. > �. Vice Mayor Plummer: Well, what does that mean? Mr. Goenaga: Because they try... you see it's... Vice Mayor Plummer: Are you a little pregnant, or are you pregnant? � G s$ Mr. Goenaga: No, no. The problem is that, they try to protect each other, It is A part of a cover-up, I don't think that... we are spandiAg a of o s ' t mo and a lot of money, and this is a mockery. Pol-ice brutality -IN the big t asue hare. T - - TV +camiasi4n8r Dawkins; Let me ask one que$tian, ,T.i..,+isnlone.ak; �h yQu ode qustiQA? t AV tyM t k jZP 3✓Td �tr .t !) 94 S --{ 1 3' IN "E x 4. �F 1 Vi a Ma w. Plummer: Ail might Sir you are not on the agenda OKI You are e yo s I not on the agenda, Mr. Goenaga: I did the last time before this Commission. Thank you very Mueh. Vide Mayor Plummer: Thank you, sir. We will reconvene somewhere between 2:00 p.m. and 2:30 p.m., mas o menos, THEREUPON THE CITY COMMISSION WENT INTO RECESS AT C 12:08 P.M. AND RECONVENED AT 2:06 P.M,, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT WITH THE EXCEPTION OF COMMISSIONER DE YURRE AND MAYOR E� SUAREZ. 33. AUTHORIZE USE OF CITY FORCES TO CONSTRUCT LOCAL DRAINAGE FACILITIES AT: (a) S,W, 14 STREET BETWEEN S.W. 31 AND 32 AVENUES, (b) S.W. 18 STREET BETWEEN S.W. 22 AND 23 AVENUES, AND (c) N.W. 68 TERRACE BETWEEN N. MIAMI AVENUE AND N.W. 2 AVENUE - ESTABLISH BUDGET ($160,000). ------------------------------------------------------------------------------ Vice Mayor Plummer: Item 25. Going once, going twice. Moved by Commissioner Dawkins. It is a... what, a drainage...? Yes, drainage facility. Commissioner Alonso: Drainage. Commissioner Dawkins: Yes, we are going to use local employees to put down a RIM0, i AYES: Commissioner Miller J, Dawkins Commissioner Miriam Alonao Vice Mayor J. L, Plummer, Jr, N6E5 t None.'Q • r 'sue' ABSENT: Commissioner Victor De Yurre Mayor Xavier L. Suaret :�...__----_-......-------�::�----�...-------------------------------...r_..��_ ----- __�._ -_ � i 34. ACCEPT BIDt CENTRAL FLORIDA EQUIPMENT RENTAL OF DATE COUNTY, INC. (TOTAL BID PLUS ALTERNATE "A"), FOR- (a) LA14RENCE WATERWAY HIGHWAY S G IMPROVEMENT PROJECT (B-4536), AND (b) LAWRENCE WATERWAY RETROFITTING PROJECT (B-5542). ---`------__-- ----- --------------------------------------------------- �". f. . Vice Mayor Plummert Item 26. Rental equipment. What is this, automobiles? What is this , Mr. Odiot This .is the Lawrence Waterway Highway Improvement project and ---- :ac.—fi.ui.+.cti+H —air'r..ii---x::. N: a.:i+slai aar------rr.1-- Haar--sa—.ra.'..:— .s...---wari.----:.c:r.li — 85, BRIEFLY DISCUSS AND 'TEMPORARILY TABLE PROPOSED RATIFICATION OF MANAGER'S F'INDI140 OF EMERGENCY FOR REPAIR AND REPLACEMENT OF MECHANISMS Or ROLL -UP DOOR AT COCONUT GROVE EXHIBITION CENTER gY: A A SALES AND SERVICE (See label 46). I a. --agar----as.r—a..a...rr------.i---------y.--rar.a..i.iw-----------.-------- ter.—rr.a— — w.w.----n.+..-- Vice Mayor Plummer: item 27. We will wait. Item 28, we will wait, twenty- nine, thirty-one, thirty-two... Commissioner Dawkins: Twenty-eight? - Ms. Matty Hirai: Twenty-nine. Vice Mayor Plummer: Why don't we hold those until... and we will make them all when De Yurre gets here.; YC Commissioner Dawkins: OK. Commissioner Alonso: Twenty-nine is Commissioner De Yurre, yes. Vice Mayor Plummer: OK. Let's jump over to item 33. k5 Four/fifths vote to ;A ratify :the Manager. If we don't ratify what he did, he is out-of-pocket. Moved by Commissioner Dawkins, seconded by Commissioner Alonso. Anyone wishing to 'discuss item 33? Call the roll. Mr. Odio: You can't. You have to... four -fifth vote, I think. Vice Mayor Plummer: Oh hell, OK.: Commissioner Alonso: Oh well. Ms' Hirait Yes, we need -four -fifth votes. Commissioner Dawkins: That's all right. We move it to one reading, and when he comes, we move the second reading. Vice Mayor Plummer: OK. That's right. Call the first reading... no? Ms'. �Hirait' •It's a resolution. Mr"'Fernandez: No, 'this is -a resolution. i Ms: Hirait-'' 'Yes: Your microphone ''is -not on. ' Commissioner Dawkins: OK, we will have to wait. s Vice Mayor Plummer: We'll have to wait. All right. _. is Commissioner Alonso: Thirty-four is... also, we have to wait. Vise Mayor;Plummer: United States Karate Association want to wait for Victor, 1 am. -told. n SK Commissioner Alonso: Yes. AT THIS POINT, THIS ITEM WAS TABLED. ( t _ 7 A 1.4 _ �.u�.�,,.5::r4} .xfY 3;it r 4 � fp" 3p$ s Yrwfii4wYirYr.Yir------.iai.:+..ar.---4.4ia.+--ra.r—r'i------rarri.ryr---.Y—ir---rw---i.iFfa. ' :., • 36, DISCUSS AND DEFER (to future meeting) CONSIDERATION OF A PROPOSAL BY � U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. TO BUILD A BRIDGE P' CONNECTING PROPOSED METROPOLITAN DETENTION CENTER TO FEDERAL COURTHOUSE. (Manager to review and come Back with recommendations.) �1 f Mr. McManust a segment of which for all - S t Weil, along with that, as you will recall Commissioner, there is NE 4th Street directly to the east, at the Community College, intents and purposes, is a pedestrian street now. Mice Mayor Plummert I understand that. Mr. McManus. And that would... the idea would be that this segment of the street would be similarly improved by the Federal Government. Vice Mayor Plummer. Which further congests the downtown don't understand why we gained. If we own the street now, the bridge across, I have no problem, OK? Fine, amen. should I give them the street to come back and allow me right-of-way, and a mall. Where do I gain? - I lose. traffic pattern. I and we let them put But why in the hell to have a pedestrian Mr. McManust Commissioner, because of the segment of NE 4th Street, between the Community College, is already closed. There is no continuity through NE 4th Street, plus it gets... �. Vice Mayor Plummert another way, Ties. But you see, they are trying to skin the cat in �.' Commissioner Dawkins- OK. Go ahead J.L. Vice Mayor Plu=6 rt They are not trying to do that. What they are trying to do, is to say, hey, if you vacate the street, close it, deed it to the Federal Government, then they own it, they don't need air rights, but they will give us the right to go back in, and on our own street. And I continue to say to you sir, where do I gain? I am not putting something back on the tax rolls, ' because it's the Federal Government. I don't gain. night now, they can put ' their bridge across as far as I am concerned, just like gurdines did, just like the other people did. All right? Mr. Arleen Weintraub: It seem to us that we gained, the City... Vice Mayor Plummer: Who is us? Mr. Weintraub: The City of Miami. Vice Mayor Plummert Who are you? Ms. Weintraub: Arleen Weintraub from Department of Development... Vice Mayor Plummert Thank you, ma'am.' Ms. Weintraub: ... and the Planning Department and Public Works... It appears to the various City departments that have worked on this, or discussed t. hov.we, could perhaps 'solve it, that the City of Miami gains, because we could extend the pedestrian mall from 4th Street in front of the Community College at no expense to the City of Miami. The portion in front of the Federal Law Enforcement Building, that is our City project, that we call the GSA building, is going to be paid for from GSA, that's federal dollars... Vice Mayor Plummer: And what kind of a mall are they going to put in for us? Ms. Weintraub: Well the City of Miami will design such a mall, at the expense of the Federal Government. They will.pay for the mall to be designed. Vice Mayor Plummer: Up to what amount? Ms. Weintraub:- -That budget has not been set. Vice Mayor 'Plummer: Well then, you are premature in discussing anything else, f; as far as I am concerned. r: Ms. Weintraub: No, they have agreed to pay for the design. What we don't have; until we complete a design process, is the cost of such a mall. That would beat the ,end of the design phase. - � 1 _ Mr. Odios Well, why don't you approve it subject to the final review of a�rkl design? x ' M Vice.Mayor.:Plummerr Hey, look. You,know'the.Federal Government are .crying w� �. like-:we.are-- OK? :,Everybody is crying dollars. Now, you can y :-, y Y Y 8 , y probably put in a � ' mall for a hundred thousand dollars, or you can do a real nice job and put in 4-:4nall,for. a million. I don't want to be put in a position of arguing after I r'-... have given them the property, of what kind of mall they are going to put ini "keep Mr.`,Wsintraub: I agree. We should that... ' Commissioner Dawkins: Well, you all better wait for De Yurre. I am no44 t _!otitag , to give = them ;this property. You all may as well stop discussion uat Ds Yurre Soto here, because I am not voting for nothing but what we already f .r hetxe,.;;-aad that'e putting , the bridge across the at -root. That's all I am ; F voting. z Vjge Mayor Plummer: I'll tell you what you do, because you are lot3ing here s� i 't9davi"�"Alil? _ 69 -l.et'.8 don't furtherdiscuss this item, hat 1 am sayint. to ,vol w, ;Si(!itle, 'beak: to.: the ` :neat Commission meeting, and any _ that th4 ' yedetrgl * , y ii4,+ersnt, in returmwill put in -a pedestrian mall, and whatever el$+a, not Y: ,: .�Sk�f �x; }O 14 st`"u � 2 �.. x ,� ���tr�sJ �z S� .f`•„�`�-u+w .. ... . r -- , = Ms. Weintraub: OK. Vice Mayor Plummer, Now, Joe you know how I do things around here. Give me �! the square footage of how much is there, OK? - approximately what it is on theF. , going market of what a square foot is, and let's talk about it from that point ®� forward. But at this particular point, I am not ready... I want to gain a something for my taxpayers. And giving up the street right now, to get back � from someone else, to me, I don't see where I am gaining. Ms. Weintraub: That would be no problem. Vice Mayor Plummer: So all I am saying is, let them... you come back with what you think is a proper mall, with an approximate cost, and let them give us a figure that they will not exceed "X" number of dollars, but they will spend up to that, and then I will talk to you. But right now, at best, you are losing two to one, and maybe, three to nothing, zilch. So let's don't waste... no, Sergio, let's don't waste any more time discussing it today. You fti: a have your marching g orders. Commissioner DawkinsAnd when you come back, tell me what the : merchants around there feel about this. " Vice Mayor Plummer: And let's hope to God that none of the three of us get... Commissioner Dawkins: I've already forced them to accept this jail. I am not going to force them to accept anything else. ; Vice Mayor Plummer: OK? Let's hope none of the three of us up here go before a federal judge, before we decide this issue. 1 c ,, RRED AT 1HL, POINT, THIS I.CEM WAS DEFE ------------- ------------------------------- ----------------------------------- 37. BRIEF COMMENTS AND DEFERRAL OF PROPOSED APPOINTMENTS TO BAYFRONTPARK :... MANAGEMENT TRUST. Vice Mayor Plummer: Representatives, Bayfront Park Management Trust to =request appointments. Where is Ira? INAUDIBLE,COMMENTS- NOT ENTERED INTO THE RECORD': Y Vice Mayor Plummer: No, not yet. Who has appointments? Commissioner Alonso: I thought it was he who was actually... what he wanted to 'do was. to clarify the terms of... Vice Mayor -Plummer: Ohl wait a minute. Let me... Cotmrtiasioner:Alonso: ... the people who have already been appointed. Bobby Mumford, Osmundo Martinez, and Athalie Range. At least, this was my understanding of this item. Is that it?- Vice Mayor Pluma►ers OK. Excuse me. Let me read from this sheet, whoever gave it tome. "AQonda says, Request appointments. -My records show none are ae:gd�sd. ..Backup=days, the item is to clarify items for Bobby Mumford, Osmundo Martinez', and 'Athalie Range. My record shows Mumford expires 1-31-93,' Mari ne is. not specified, and Range expired 1-31-91." �,. r Mr:.Odi;os:, That'a already expired. t Vioe Mayor,plummers -"This-is Athalie Range to serve on the trust. ^" n Odio; =S meaa,� she expired 1-31-91. Yee, usyor glumarl So whose appointment was Range? Rio tine know? All �fi y/OK.J - let;' defor this :ttam,. _rr: .�rlghti a �►� onaos ' Pobby Numford, l know it ways and.,.. ,miss, iiYi ;r - p6 t I mice Mayor Plummer: Letts defer it until the next meeting. Do I hear a motion to defer until the Next m6ating? Commissioner Dawkins: So moved. g( � Vice Mayor Plummer: Seconded by Alonso. Call the roil. i THEREUPON, the City Commission on motion duly made by Commissioner Dawkins and seconded by j Commissioner Alonso, deferred consideration of t: the above matter by the following vote: i - ! AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. fi NOES: None. ABSENT: Mayor Xavier L. Suarez Commissioner Victor De Yurre ,I COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: per Commissioner De Yurre's request, we will hold that < one. i ------------------------------- - - ------ ---------------------------------- 38. PERSONAL APPEARANCE BY REINALDO MARTINEZ; DISCUSSION CONCERNING ALLEGED CONFISCATION OF HIS MERCHANDISE (See label 39.1). t------- --- ---- ------------------------------------------------------------ [NOTE: INTERSPERSED ; THROIIGHOUT; THE HEREIN TRANSCRIPT,' ARE STATEMENTS IN SPANISH. FOLLOWING BACK AND EVERY STA!nME 1T, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH.- AS- THE CASE MAY BB. �F SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LB'1'1'BRS. TRANSLATION WERE MA])B BY MR. CESAR ' ODIO.' ] �_ Vice MayorPlummer: Mr: Reinaldo Martinez, item 40. Sir, would you take.the microphone? Where is Longueira? Mr. Martinez wishes to discuss confiscated merchandise. `Ms. `Matty Hirai:- Commissioner, he would...' v Vice'. Mayor Plummer: No, it's his request to speak. i Ms. .:: request that "somebody translate for him, sir. .Hirai:. sYice Mayor Plummer: ` He wants` somebody. , Mr.` Odio. - §� Odio: Yes, sir. x ., Vice Mayon. Plutumere` .Sir. Mr..Odio'f: DESPACIO. Commissioner Alonso: Is Chief Walter Martinez here? µ Lt. Jos Loague,ira: No ma'am, he is sick. t QdiA:= We :are prepared, to discuss this item, because.. Ccamitssiouer Alonzo; i :1Ape sA.:,ST e r D3$1?AC1Q-:. Commissioner$ you don't have three membs+rsr are, ` g�+or Fuoaar: All right, " are we ready? d J „- -040 a ; ' _ �r��t-c•�y5w4 � v �1i�th"�.'t._ — t- t , r,�.�� ��� � — 'Mice Mayor Plummer: What happened to Miller? Where is Miller? Commiasioner Dawkins: Mere I am. Yes, I vote yes. Vice Mayor Plummar: No, you don't vote presentation yet. vice Mayor Plummer: DIME. Cesar, DIME. Mr. Odio: DIME. T Y., SENOR, BAJITO, FOR FAVOR. yes, the man hasn't made his Mr. Reinaldo Martinez: YO QUIERO DARLES LAS GRACIAS A LA REUNION... A LA COMISION FOR HABERME PERMITIDO VENIR AQUI, Y ESPECIALMENTE AL ADMINISTRADOR DE LA CIUDAD QUE ME HA ATENDIDO EN DISTINTAS OPORTUNIDADES. ESTE ES UN CASO... TRANSLATION: I want to thank the Commissioner for having allowed me to come here today and especially the City Manager, who has paid attention to me in the pasta Mr. Odio: I cannot hear you. Excuse me. ti=, Mr. Martinez: ESTE ES UN CASO, ESTE CASO MIO ES DEL CONOCIMIENTO DEL SENOR ADMINISTRADOR DE LA CIUDAD Y DE LA COMISIONADA MIRIAM ALONSO. YO TENIA UN; MARKET EN WYNWOOD Y YO NO FUI DE LOS PERJUDICADOS CUANDO LOS DISTURBIOS CUANDO` EL CASO DE MERCADO. A MI NO ME ASALTARON ENMASCARADOS PERO PRACTICAMENTE ' t PUEDO DECIR QUE FUR ASALTO. FUI ASALTADO, NO FOR ENMASCARADOS, SINO FOR UNIFORMADOS, Y CUANDO HABLO ASI, HABLO DIRECTAMENTE DE LA SARGENTA JACQUELINE y1 WYNN, LA NUMBERO 7834, QUE SIN PREVIO AVISO, QUE SIN HABERME NOTIFICADO QUE MI LICENCIA ESTABA VENCIDA, SE PERSONO EN MI ESTABLECIMIENTO Y ME LLEVO $25,000 EN CERVEZA: TRANSLATION: This is a situation where... this, his case, is of the knowledge of, the City Manager, and that of Commissioner Alonso. He had a market in Wynwood. And he was not damaged during the disturbance. Because he had nothing left . in the market. He was not jumped by people with covered faces but practically, I can say that it was assaulted not by masked people, but F by people in -uniforms. And when he talks that way, he speaks 'directly of the sergeant -called Jacqueline Wynn, number 7834. That without prior notification and without havingnotified him that his license had expired, she came to his business and confiscated twenty-five thousand dollars ($25,000) worth of beer: Vice Mayor Plummer: Of beer? Mr. ;:•Martinez: AL SENOR ADMINISTRADOR DE LA CIUDAD LE DIJERON QUE LA CERVEZA_ HABIA SIDO CONFISCADA. YO TENGO LA COMPLETA SEGURIDAD QUE LA CERVEZA'L0 QUE SE:;EVAPORO,_NO_SE CONFISCO. PORQUE YO TENGO UNA RESOLUCION AQUI DEL pIA 8 DE �{ JUNIO DEL HONORABLE JUEZ NESBIT DONDE SE ME ORDENA QUE SE ME DEVUELVA LA CERVEZA. O SEASE, A`LOS 39 DIAS DE_HABERSEME OCUPADO LA CERVEZA,-YO ACUDI:A LA JEFATURA>DE LA POLICIA:Y HABLE CON EL DEPARTAMENTO JURIDICO DE ESE CUERPO Y ME ENVIARON AL OTRO DIA CON UN OFICIAL AL 1629 N.E. 1 AVENIDA, QUE SE SUPONIA QUE t BRA:DONDE` BSTABA DEPOSITADA LA CERVEZA. CUANDO ME EMPEZARON A ENTREGAR LA L 4t.F: t' CERVEZA, PORQUE COMENZARON A ENTREGARMELA, EL OFICIAL QUE ESTABA AL FRENTE DE ESE ALMACEN ME DIJO _QUE: NO ME LA =PODIA : ENTREGAR PORQUE ALLI NO EXISTIA '.ESA CANDITAD DE CERVEZA, O SEASE QUE ALLI NO LLEGO O DE ALLI:SE PERDIO. � LA ORDEN LA, ERA DEL DEPARTAMENTO JURIDICO DE LA POLICIA:` .YO r ; ES DBL .SENOR JUEZ... ��.. N0.~-CQIPRENDO QUE TENIENDO UNA.ORDEN JUDICIAL, UNA ;ORDEN DEL DRPARTAM$NTO; JI)RIDICO.,:`UNA:SIMPLE SARGENTO NO PERMITA QUE S8 ME ENTREGUE:LA CERVEZA, TRANSLATIONt The City Manager was told that the beer:had been confiscated; Ma,s almost. pure that what- happened to the beer, .is that' it evaporated. Ee,Ause he has.a resolution there in front of him of $th of June from the FIou:- f Judge Nesbit.,.: that where the order came for... to us to return the beer to., �$ -him,.. Therefore, at the -thirty-ninth day, thirty-nine days after the ibeerwos OVA �r turn the beer lie came as order : the e con located, to the .Folios Department, and .tiiced .tQ h jlv J& �t clal dep rtmsnt Q�_ that; . a diviasion of; that dopartlRetlt... and Choy seat to see ',an officor next day at 1620 NE 1st Avenue. That's where.., was suppsraod to have.been the beer store at. When they began to raturr the boor. s { to.him,• they: began to actually return it to him.., the Official that was :< -,here is charge saJd that the could not return It to him bscauss that beer,,.. that., amount .ofbean that he - was Claiming to gat back,, .w+ss ���er :Thato, fey never 'dot there, or it got lost* these. s�l+e'�# - f t a , is from the judge. The order came from the Law Department of the police force. In other words, he had a judicial order to get this. A simple sergeant did not allow the beer to be returned, Vice Mayor 'Plummer: How much did he get back? Mr. Martinez: YO HE APELADO A TODOS LOS MEDIOS, INCLUSIVE LA SENORA COMISIONADA ALONSO, EL SENOR ADMINISTRADOR DE LA CIUDAD TUVIERON UNA REUNION CONMIGO EL DIA 4 DE OCTUBRE, Y VOY A UTILIZAR LAS PALABRAS DE ELLOS: ME DIJERON QUE ESTE CASO NO SE LE HABIA HECHO A NADIE EN ESTE PUEBLO, Y A MI SE ME HIZO. TRANSLATION: He has tried to appeal every which way that he could, including with the Commissioner Alonso, with myself. We had a meeting with g ,4 him -on the 4th of October and he is going to use our words. Mr. Odio: Wait a minute, I have to translate for what I said myself. F i.Y Mr. Martinez: YO SOY UN HOMBRE VIEJO QUE TENGO 65 ANOS, AUNQUE NO LO PAREZCA. VINE DE CUBA. FUI COMPANERO DE PRESIDIO DEL PAPA DEL SENOR ADMINISTRADOR, DE AMADOR ODIO PADRON, MI BUEN AMIGO. VINE AQUI CON TODAS LAS ILUSIONES HABIDAS Y POR HABER. TRABAJE EN UN BARRIO MUY DIFICIL, PERO MUY DIFICIL. Y QUIEN ME LLEVO A LA RUINA FUE LA SARGENTO JACQUELINE WYNN. YO LE QUIERO PEDIR DOS COSAS A ESTA COMISION. PRIMERAMENTE QUE SE ABRA UNA INVESTIGACION EXHAUSTIVA DE ESTE CASO, PORQUE ESTE CASO YO LO HABLE HASTA CON LA FISCAL RENO. YO HE MOLESTADO A TODO EL MUNDO. EL SENOR ADMINISTRADOR ME DIJO QUE NOMBRARA A UN ABOGADO. PERO SI YO PRACTICAMENTE NO TENGO PARA PAGAR LA RENTA, COMO VOY A NOMBRAR UN ABOGADO? Y SEGUNDA, QUE SI A LOS PERJUDICADOS POR LOS DISTURBIOS. POR EL CASO DE MERCADO SE LES DIO UNA OPORTUNIDAD DE REHACER SUS NEGOCIOS, QUE ME LA BRINDEN A MI TAMBIEN, QUE YO QUIERO SER UNO DE LOS QUE VAYA A REVITALIZAR EL BARRIO DE WYNWOOD.; TRANSLATION: That we said to him, that this case had never been done before to anyone in the City. I am sixty-five years old, even though I don't look like... and in Cuba, he happened to have been in prison with the father of the City Manager of the City of Miami. Right, with my father. He came to this country with all the illusions that he could have. He worked in a very tough neighborhood... and who took him... and he happens to... that who took him to - bankruptcy, was a sergeant from the police department. I want to ask the Commission two things. Number one, he wants a complete and exhaustive investigation of this case. Because this case... he has even gone to see Janet .Reno about it. The City Manager told him at one time, said even though we cannot do anything, that you can hire a lawyer, and use your legal recourses in this country. And the second, that the ones that were... those people that were damaged by the disturbance in Wynwood were given an opportunity to restart their business. He wants to get the same opportunity - that . they: had, to be able to open his business again. I want to be one of those that would like to go back to Wynwood to try to revitalize that area. Vice Mayor Plummer: How many cases of beer did he get back? - Mr. Odio: Now, I think we need to put on the record what happened, according to the police department, Commissioners, if I may. Vice Mayor Plummer: OK. Go ahead. Mr. Odio: At his request, I do know him, my father does know him, but that has nothing to do with what really happened here. We did have a court order at one time,. saying "Return the property to this man." Immediately after, another order, came down, cancelling the prior order, and saying, "City, go ; ahead and confiscate the property; City, go ahead and dispose of it any which way you want, because there is no way you can return this to this man." The f_ Police Department accordingly acted under Law Enforcement Trust Funds Act. They sold, they put the beer out for auction, and whatever they could get back for the beer, that's what they did. There is two court orders. One is a f act, asking that we return the beer to him, and the second one coming right after, -saying don't. In fact, "City, the beer belongs to you." So those are the actions, this is the fact, this is what happened here, and I know that he '4 has been damaged, but we had no recourse but to act according to what the orders we got from the► court. Vice mayor Plummer: Does he understand that? t r Nrt�dict LO QUE ACABO DB DECIRLRS IS QUE RS VRRDAD, COMO USTRD DICE, DR QVE HABIA UNA ORDPN DS LA CORTR DICIENDO QUR LB DEVOLVIRRAMOS SU PRQPIRDAD, SIN d f F 8!lRR4 , PQC9 DSSPUSS D9 LA PRIMRRA ORDEN DEL JUDZ NNSBIT, VINO OTRA t?RD�T 10.5 14#rch 144 991 ' _ ,x 4 i _ S Mr, Odiot ORDENANDO QUE NO SE LE PODIA DEVOLVER SU PROPRIEDAD Y QUE LA CIUDAD PROCEDIERA A VENDER ESA PROPR19DAD EN AUDIENCIA PUBLICA, Y ASI SE HIZO. Mr. Martinezt SI, YO LO ENTIENDO PERF'ECTAMENTE Y USTED LO HABLO CONMIGO. PERO ES QUE CUANDO YO F'UI LA PRIMERA VEZ A LOS 39 DIAS, NO AL ANO, QUE F'UE CUANDO SE CONFISCO LA CERVEZA... TRANSLATIONt He understands perfectly, and he dealt with this from before. p`= But it isn't that, when he went there the first time, thirty-nine days after he claims that the beer wasn't there. k? 9 Vice Mayor Plummer: Yes, they sold it. Y Mr. Odiot Because on the second order, it was sold, yes. i Vice Mayor Plummer: Yes. The beer wasn't there, it was sold. Or somebody had a damn big party. x, Commissioner Dawkins: How many cases of beer make up twenty-five thousand t.� k x. cases? s: Vice Mayor Plummer: Roughly, two hundred. Mr. Odio: Do you have that number, Joe? Roughly, about two hundred cases. y ►>< Commissioner Dawkins: What? - at twenty-five dollars a case? Vice Mayor Plummer: No, twelve. Lt. Longueira: I have them broken down, I'd have to add them all up, sir. Commissioner Alonso: Isn't it in fact that this gentleman never had a license.? Isn't this the case? Mr. Odio: He never had a license. Commissioner Alonso: It was under the name of the previous owner?.,. `. Lt. Longueira: Commissioner, here is what happened, OK? On April 22, 1987, officers went in there and he was selling liquor without a license. They cited, him to court, OK? They didn't arrest him physically, they cited him to court. About a week later, they went back in there and they told him, don't sell _any beer until you get a state license. A week later, they went back in there;::and,he was selling liquor again. They cited him to court, they, 'took the' beer into.: custody, and at that time, they were also going to take approximately a thous... thirteen hundred bottles of liquor and wines. 1 Vice Mayor Plummer:. Excuse me, this is in eighty-seven? Lt. Longueira: Eighty-seven. Vice Mayor Plummer: Four years ago? Commissioner Alonso: Yes. Lt. Longueira: Yes. They were going to take the wine, but they just couldn't Y_< =' handle .the volume, so they told him, to hold on to it not to sell it, and not to get rid: of it'. Vice Mayor Plummer,:. , This isafterthe second warning? Lt. Longueira: Well, it wasn't warning, they cited him to court. Vice Mayor Plummer: Second citing. Lt. Longueira: Then all of a sudden what happened, on June 9th 187, somebody ;showed up At. ,the police department with an order from the court to turn -,,over r the liquor .. Vice mayor Plunne i The beerf y too KOF0 14i 4991 r „�} i k f kt,{t}rf'g 77 t'rr5- a� Yf �1 .t. Lbnguairat The beer. We contacted Judge Nesbit, because we did not have input`6h that decision, and on 6-10-87, he rescinded that order, returning the beer, it bent to an appellate court in July 28th, and the appellate court Fudge Winton, forfeited the liquor to the City of Miami. Vice Mayor Plummer: Period, amen. +. Lt, Longueirat And I have the written order right here. s Vide Mayor Plummer: Period, amen. Now, what I would suggest. Mr. Odiot Excuse me, Commissioner. Vice Mayor Plummert Mr. Manager, his second... the first point is moot as far as I am concerned. It's a dead issue. Mr. Odiot All right: Vice Mayor Plummer: His second point, if he wants to be considered for some kind of economic help, then I would suggest that he meet with you and if you I have some kind of stay of recommending, and you want to recommend, then bring it back to this Commission at a later time. Mr. Odio: But what I was going to say is, I explained to him at that time that his legal recourse was to hire himself a lawyer, and appeal against the court. Vice Mayor Plummer: He didn't do it. Mr. Odio: Which is, the one that confiscated the merchandise in the first place. All we are... a police is taking action mandated by the courts. Vice Mayor Plummer: All right. Let's go, let's move. So explain to him that hecango to the administration. Mr. Odio: ENTONCES LO QUE EL ESTA DICIENDO ES QUE EN LO QUE A EL LE - CONCIERNE, EL PRIMER ASUNTO ESTA MUERTO, PUESTO QUE FUE ORDEN JUDICIAL Y LA POLICIA ACTUO DE ACUERDO CON UNA ORDEN JUDICIAL Y POR LO TANTO EL NO PUEDE HACER'NADA SOBRE ESO. Mr. Martinez: < O NO. . Mr. Odio-. EN, -EL`,SEGUNDO CASO, 5I USTED NECESTTA AYUDAECONOMICA, QUE YO OFREZCA A' USTED_; REUNIRSE CON GENIE DE LA ADMINISTRACION A VER` COMO SE 'LE PUDIERA AYUDAR A MANTTNER SU NEGOCIO. Mr. Martinez: NO, SI EL NEGOCIO YO LO PERDI. '. TRANSLATION: He lost his business. No, he lost his business already, so there is -no:- monies. Vice- 'Mayor Plummer: What does he want from us? Mr. ';Odio: Money. Vicei..Mayor Plummer: For what? f;< Mr. Odio: I don't know. I mean, he wants... USTED LO QUE QUISTERA ES... a USTED-NO.-DTJO QUR'USTED=QUERIA AYUDA DR LA CIUDADT <Y, Mr:=:Martinez:. $I PARA COMPRAR-EL°NEGOCIO OTRA VEZ. 'I: TRANSLATION: Oh, he wants to get money; from the City to buy the business, r again.; ;± Vice Mayor Plummer; Isere again, have him meet with the administration. If the -'=administration wants to recommend it, bring it back at a later t9me' x r r 5` � ., Mr. Odi.�: EL LO QUE DICE ES QUE ENTONCES QUE SE REUNA CON LA ADMTNTSTIACION A S- -=•` Q--PQDEMQS RECOMENDAR DR QUE USTED PUEDA CONSEGUIR FONDQS.PARA EMP$ AR c jN NX470M1F4/ { 5 Vary# movar Plumed Al night, the next itom. z } i \ �+i` .}� • { - Fes, � } �” � � a ' -'Y µ i # 17) Mr. Martinet: AHORA, YO QUI+RO HACERLE A USTED ESPECIFICAMENTE UNA ACLARACIONi PRIMERAMENTEj A USTED LE ESTOY AGRADECIDO PORQUE USTED ME HA ATENDIDO SIEMPRE QUE YO LO HE LLAMADO, LA POLICIA NO ACTUO DE ACUERDO A LA LEY PORQtM YO F'UI A LA POLICIA CON LA ORDEN JUDICIAL Y EL DEPARTAMENTO JURIDICO DE LA POLICIA... TRANSLATION: He wants to specifically tell me something. Let me see. He wants to clarify something. Well, I am not going to tell them that. He is very grateful, because I always pay attention to him, but... He claims that L the police department did not act according to law. Because he went to the 3 �• police department with the court order... Mr. Odio: We don't want to... NO QUIERE REPETIR TODO DE NUEVO. Mr. Martinez: NO, NO, N0, ESO NADA MAS. Mr. Odio: ... and the law department and the police department, told him go over to this place and claim your merchandise, but the fact is... LO QUE PASO FUE QUE CUANDO USTED FUE ALLI, LLAMARON AL JUEZ PARA CLARIFICAR LA ORDEN QUE SE HABIA RECIBIDO, Y EL JUEZ DIJO, NO, ESTOY RESCINDIENDO ESA ORDEN, Y ESO... Mr. Martinez: POR TELEFONO, SENOR ODIO. Mr. Odio: ESO FUE LO QUE DICE EN EL REPORTE. Mr. Martinez: SI BUENO, PERO YO FUI ALLI A LOS 39 DIAS, Y A MI ME DIJO CON MI ORDEN JUDICIAL, A MI ME DIJO EL OFICIAL QUE ESTABA ALLI QUE SI YO LO VEO SE QUIEN ES, QUE NO ME LA PODIA ENTREGAR PORQUE ALLI NO ESTABA ESA CERVEZA. TRANSLATION: He said, he went there thirty-nine days afterwards, and he was told there... The officer that was there told him that... if I could see him again I will know who it is... that he could not return it because there was no beer there. Mr. Odio: I guess what I can do is try to investigate from the time that the first judicial order came out to the time that it was rescinded, where was the beer. a Vice Mayor Plummer: OK. Fine. MOMENTARILY TABLED. --------------- ------------------------------------------------------------- 39. _ VICE MAYOR PLUMMER, REQUESTS ADMINISTRATION TO INVESTIGATE RUMORS THAT RECIPIENT OF A CITY LOAN (WYNWOOD SHOE STORE OWNER) HAS LEFT THE CITY (See label 54). ---------------------------------------------------------------------: Vice Mayor Plummer: Mr. Manager, I have a question to ask. Mr: Odio: Yes., Vice`Mayor Plummer: I heard the other day, and I'd like to know from .you, if there is any truth to it. The woman that this Commission... who had the shoe store in Wynwood. And as I recall... Dawkins, what did we give her? - fifty thousand? Commissioner Dawkins: Yes. `- �= Vice Mayor Plummets -I understand, she closed the doors and took off and went Y` to California with the fifty thousand dollars ($50,000). Commissioner Alonso: Are you kidding me? x 7 y Vice Mayor Plummer: I'd like to know if there iu any truth to that rumor. It ' isstrictly a rumor. It might be as all rumors, not worth a 4amn. Com issioner Alonsos I read in the paper that she was having problems. Lots of problems, but... Y+�+� - Mayor Plummer;Well, my understanding is that the woman has gone t4 s r . 44ors3+�, ?= 5 i y�. 5 S Y • -- F, _t t '.t -g£ - —:----ii----i�il�--------r--+r r'p----------------Y+arr— ate• rs------------------------------- 30.1 (Continued Discussion) CITY MANAGER RECAPS (IN SPANISH) FOR REINALDO MARTINEZ COMMENTS MADE BY SOME MEMBERS OF THE COMMISSION REGARDING HIS ALLEGED CONFISCATED MERCHANDISE (See label 38). ----------------------------------:-------------- ---------------------------- Mr. Odio: EL YA TERMINO CON SU CASO Y SI USTED QUIERE, BUSCAR UNA MANERA DE CONSEGUIR UN PRESTAMO PARA EMPEZAR SU NEGOCIO, CON MUCHISIMO GUSTO YO LO PUEDO PONER EN CONTACTO CON LAS PERSONAS ADECUADAS. I just told him, his business is over, and if he wants to arrange to be able to start... Mr. Martinez: SU OTRA PROMESA YO ESTOY ESPERANDO TODAVIA QUE ME LA CUMPLA. Mr. Odio: He says that I should keep our other promise. Which is? CUAL ES? '± r, Mr. Martinez: LA QUE FUI A LLENARLE LA PLANILLA A RENE LARRIEU. Mr. Odio: Ah, because he filled out an application to see if he could work in the City, but it never came through. OK. Vice Mayor Plummer: All right, we've got a problem. That pretty well wraps it up as I see it. Is there anything else? 1' Commissioner Alonso: Going back to this case that Vice Mayor Plummer said 1 about the other business. Did they have any kind of guarantee that the City will be able to get the money back in any way? I Vice Ma or Plummer• It's su osed to be a loa Y PP n• Mr. Odio: It's a loan. I have people checking right now, Commissioner, and let's see if it's true, because there are many rumors that are not true around here 40. DISCUSS AND REFER TO OFF-STREET PARKING BOARD, FOR THEIR CONSIDERATION, FUNDING" REQUEST FROM FLORIDA DANCE ASSOCIATION FOR USE FEE WAIVER AT a. GUSMAN CENTER FOR THE PERFORMING ARTS IN CONNECTION WITH: MIAMI RHYTHMS ON TAPS, , --- --- ------------------------------------------------------------------ Vice, Mayor: Plummer: Can we handle this thing for Rebecca Terrell? Is that...?, Mr. Odio: Yes, if we... Vice Mayor Plummer: Is she present? Rebecca Terrell in reference to the requea ti of a fee waiver for Gusman Center for the Performing Arts. Is Rebecca ? Terrell present? A motion is... Mr. Odio: I'll tell you, the rental fee that she is asking for is two nights, it's ,nineteen hundred dollars.($1,900). Vice Mayor :Plummer: > We can't defer, we can't waive it. Mr, Odio;, All you can do is send it to the Off -Street Parking Authority. t -' Vice Mayor Plummer: I'll take a motion to refer it to the Off -Street Parking, Commisdioner Alonso: Yes, so moved. c'xk, Vice Mayor Plummer: By Alonso, seconded by Dawkins. Call the roll. Fin EV a {nfie #? ih 14a 199 •: i.a S - e F.i The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-227 a A MOTION REFERRING TO THE DEPARTMENT OF OFF-STREET PARKING, REQUEST MADE BY REBECCA TERREL (FLORIDA DANCE ASSOCIATION) FOR A FEE WAIVER IN THE AMOUNT OF $1,900, FOR USE OF THE GUSMAN CENTER FOR THE PERFORMING ARTS ON JUNE 4-5, 1991, FOR THEIR PERFORMANCE ENTITLED, "MIAMI RHYTHMS ON TAPS"). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Victor De Yurre Mayor Xavier L. Suarez 41. APPOINT INDIVIDUALS TO SERVE AS MEMBERS AND ALTERNATE MEMBERS OF THE INTERNATIONAL TRADE BOARD (Appointed were: Carmen Lunetta, Hedy Nuraef, Rick Elder, Robert Dobiecki) (See label 49). er 7, A I Vito Mayor Plummer: By Alohno, seconded by Dawkins. Call the roll, Mr, Odiot root in peace. The following resolution was introduced by Commissioner Alonso, who moved its adoptiont RESOLUTION NO. 91-228 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS - MEMBERS AND AS ALTERNATE MEMBERS OF THE INTERNATIONAL TRADE BOARD 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 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. NOES: None. ABSENT: Commissioner Victor De Yurre Mayor Xavier L. Suarez ---------------------------------------------------------------------------- 42. APPOINT INDIVIDUAL TO SERVE AS MEMBER OF THE MIAMI RIVER COORDINATING COMMITTEE (Appointed was: Winston Hale). — ---------------- — ------------------------------------------- Vice Mayor Plummer: Item thirty-two is Miami — — ---- River Coordinating. One appointment at large. Louis Waldman resigned. Mr. Waldman had been appointed by Commissioner Alonso, but Commissioner Alonso has another appointment. Commissioner Alonso: Yes. Winston Hale. Vice Mayor Plummer: Winston Hold? Commissioner Alonso: Yes. Vice Mayor Plummer: H-O-L-D? Commissioner Alonso; H-A-L-L-E, I believe it is. Vice' -Mayor Plummer; Hale, OK. Mr. Parsons and the committee has only three members from the City of Miami. Is there any other appointments to the Miami kiver'Coordinating, orils that the only one? Mr. �Thatvs only 0 one. Vice Mayor Plummer: That's one. So item thirty-two. Did we call the roll on -thirty-two, Madam Clark? Commissioner 41onso:Not yet Ms, Hirai: No,lsir. commissioner Dawkins4 Move it. Commissioner Alonvot Yes, second. 0 r Plummori 0 x4yo Moved and seconded. OK. introduced by Commissioner Dawkins, RESOLUTION NO. 91-229 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI RIVER COORDINATING COMMITTEE FOR THE REMAINDER OF A TERM OF OFFICE EXPIRING JANUARY 4, 1993. who (Here follows body of resolution, omitted here and on`'e file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed _ and adopted by the following vote: t AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr.-s NOES: None. ABSENT: Commissioner Victor De Yurre Mayor Xavier L. Suarez Vice Mayor Plummer: Appointing certain individuals to serve on the Professional Compliance Advisory Board. That's only De Yurre? f- Mr. Odio: Yes. Vice Mayor Plummer: OK. Thirty-three, thirty-four, and thirty-five takes four/fifths, which we don't have. Commissioner Alonso: OK. 1V> Vice Mayor Plummer: Thirty-six is De Yurre. Mr. Odio: That one is... they are requesting an estimated sixteen thousand' five hundred ($16,500). Vice Mayor Plummer: For what? '-' Mr. Odio: For to hold here, a Karate... Vice Mayor Plummer: No, they want to wait. Believe me, they want to wait. Mr. Odio: They want to wait. Vice Mayor Plummer: OK. All right, what about forty-one? - no, we can't take that,:that's three o'clock. Commissioner Alonso: The Mayor said that he wanted that item deferred. Vice Mayor Plummer: OK. So, that's deferred. Commissioner Alonso: Deferred for the next Commission, so he wanted to be present. j e NOTE FOR THE RECORD: Agenda item 36 (request by Karate Association. International funding), though deferred at this point, was later considered and discussed (See label 50), _ {t 1 Sky+' t y 1' Y C t lYp/ lid: Mgt r14" q] t� _ a 1 .7----.r ----aa.aa........------------ -OWNED PROPERTY AT 236 SW NORTH RIVER DRIVE 43. DISCUSSION CONCERNING CITY INSTRUCT ADMINISTRATION TO ISSUE RPP AS TO POSSIBLE USAGE OF SITE. Vice Mayor Plummert Discussion concerning City -owned property at 236 SW North River Drive. Is that an in-house thing that we can discuss? I mean, it's shown after three o'clock. Mr. Odiot Yes. I'll tell you what this is, and I am going from memory. I am getting Herb Bailey down here. This is a property that Garcia Brothers have in the river, and it's been... it's not producing enough, and the question was, whether we should go out for bids, sell it, do something. We need your decision in what you would like to do with this property here. Vice Mayor Plummer: Where is it? Two thirty-six Southwest North River Drive. Mr. Odiot That's by the river on the... Vice Mayor Plummer: Yes, I understand. Mr. Odio: I believe it's almost by... across the Jose... I think that is across the Jose Marti Park. Commissioner Alonso: It's across the Jose Marti. It's... Mr. Odio: And it's sitting there... j.i y AYES Comidgionar Millar J. Dawkins Comissioner Miriam Alonso Vice Mayor J L Plummer Jr. NOfCgt None. E ABSENT- Commissioner Victor De "Yurre 4.. Mayor Xavier L. Suarez Vice Mayor Plummer: Well, OK. Is there anyone here that wishes to speak on the Interlocal Agreement between the Convention Bureau and the City of Miami? i OK, I'll ask again later. Mr. Manager, what I am trying to equate in my mind, we don't have really anything now scheduled until five o'clock with these other exceptions, which are simply because we need four votes. 44. AUTHORIZE PLACEMENT MOTTO DECALS ON SIDES OF POLICE PATROL VEHICLES READING: PROFESSIONAL LAW ENFORCEMENT. Vice Mayor Plummer: Dawkins. Commissioner Dawkins: Yes. Vice Mayor Plummer: Here you go, you're ready? A resolution authorizing the placement.of the motto "Professional Law Enforcement" on the side of the Miami police department's patrol vehicles at a total cost not to exceed fifty-five and a- hundred, and allocating funds thereof from the general fund, such expenditure being subject to the applicable City code procurement provisions. i�} f {.. Commissioner Dawkins: Why is this necessary? l �I. Vice Mayor Plummer: It's not necessary. They just feel, that it would enhance l,.. and dignify the professional status of the police department. Commissioner Dawkins: They who? i •. Vice Mayor Plummer: The police department. f , Commissioner;Dawkins: This was requested by the police department, but not by J.L. Plummer? r' r Lt. Joe Longueira: No, the police department, sir. " :Vice,.Mayor,<Plummer: Sir, they just stuck it in my hand. Commissioner Dawkins: OK. All right, no problem. Vice Mayor Plummer: Moved by Dawkins, seconded by Alonso. Call the roll. The :following resolution was introduced by Commissioner Dawkins, who moved its adoption: -RESOLUTION NO. 91-231; A RESOLUTION AUTHORIZING THE PLACEMENT OF THE MOTTO "PROFESSIONAL LAW, ENFORCEMENT" ON THE SIDES OF THE :z <: MIAMI POLICE DEPARTMENT'S PATROL VEHICLES, AT A TOTAL COST:;,NOT'TO ° EXCEED M 500, AND.;ALLOCATING ,FUNDS rk�� TlaREFOR- FROM THE GENERAL FUND, SUCH EXPENDITURB,-BEING SUBJECT-., TO APPLICABLE CITY CODE PROCUREMEN� Y' �T (Hern follows.: body- of resolution, omitted here and an '�� �• f i.ie in the Off ioo of the City Clerk.) 'fi EU on bo.i�S 9Qo04; by Cs�mn►issiQhor Alonso, the ;` rssoutis�n was p000d ` 1 } �t Rd, �► opied by tho following vote; qfi � ; ------------- ---------- -------------------- --------------------- 45. APPOINT INDIVIDUAL TO SERVE AS MEMBER OF OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (Appointed wasi Tom Kallman). -- _-..,-------'-------------------------------------------------------------- 4 Vice Mayor Plummer: Oh! I'm sorry, I am told that twenty-nine is also De Yurre's. Yes, that's the Professional Compliance. Mr. Odio: The office of Professional Compliance request appointment of two individuals. f . Vice Mayor Plummer: That's Victor's appointments. i NOES: Done. ABSWT: Mayor Xavier L. Suarez COMMENTS MADE AFTER BOLL CALL: Mr. Joseph Ingraham: Excuse me, Vice Mayor. Vice Mayor Plummer: Sir. Mr. Ingraham: Per the revision that's been submitted, that the term would be through December of 1993. Vice Mayor Plummer: For that appointment? Mr. Ingraham: For that appointment. Vice Mayor Plummer: So be it. it should be stated a The following resolution was introduced by Commissioner Dawkins, who moved its adoptions RESOLUTION NO. 91-233 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, ACTIONS OF THE CITY MANAGER IN FINDING THE NEED FOR REPAIR AND REPLACEMENT OF MECHANISMS OF THE ROLL -UP DOOR AT THE COCONUT GROVE EXHIBITION CENTER TO BE AN EMERGENCY AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS SERVICE TO A A SALES AND SERVICE FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, AT A TOTAL PROPOSED COST OF $12,340.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL SERVICES ADMINISTRATION/SOLID WASTE ACCOUNT CODE NO. 420401-670 ($4,450) AND THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES ACCOUNT CODE NO. 350201-340 ($7,890). (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: !i I NOES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. None. i ABSENT: Mayor Xavier L. Suarez. ---------------- ------------------------------------------ ----------------- --- ; 47. WAIVE COMPETITIVE SEALED BID REQUIREMENTS AND RATIFY MANAGER'S FINDING OF SOLE SOURCE - APPROVE ACQUISITION OF 1991 FLORIDA LAW ENFORCEMENT- HANDBOOKS (1,150) FROM METRO-DADE POLICE DEPARTMENT. ------------------------- -------------------------------------------------- Vice Mayor Plummer: Item 34, the handbooks, so the police department know what they are doing, ninety-seven hundred dollars. Commissioner De Yurre: Move. Vice Mayor Plummer: By De Yurre, seconded by Alonso. Public hearing. Anyone wishing to be heard on this matter? Call the roll on thirty-four. The following resolution- was introduced by Commissioner De Yurre,. -who moved its adoptions RESOLUTION NO. 91-234 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE = MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED . PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF ONE THOUSAND ONE HUNDRED FIFTY (1,150) 1991 FLORIDA LAW ENFORCEMENT HANDBOOKS AT A PROPOSED 'COST OF. $9,775.00 FROM THE SOLE, SOURCE VENDOR, THE METRO-DADE POLICE DEPARTMENT FOR THE DEPARTMENT OF POLIC91 ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING BUDGET, ACCOUNT CODE NO, 290201-760; AUTHORIZING THE- CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE HANDBOOKS, (Here follows body of resolution, omitted here andn file in the Office of the City Clerk,) lie rob �4; 991 M A -r tam c*r;s 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. NOES: None. ABSENT: Mayor Xavier L. Suarez 48. RATIFY MANAGER'S EMERGENCY ACTION IN MODIFYING TERMS OF AGREEMENT FOR PROVISION OF LABORATORY SERVICES BY TOXICOLOGY TESTING SERVICES, INC. - INCREASE AGREEMENT BY $35,421.11. ------------------------------------------------------------------------------ Vice Mayor Plummer: Thirty-five. Toxicology testing. Ratifying... this is a ratifying? - yes. Ratifying the City Manager's action on toxicology testing. Moved by? _ Commissioner Alonso: I move. i Commissioner De Yurre: Move it. Vice Mayor Plummer: Alonso, seconded by De Yurre. Anyone of the public wishing to be heard? - Commissioner De Yurre: Discussion. Vice Mayor Plummer: Discussion, De Yurre. Commissioner De Yurre: What's the explanation for the increase? Mr. Odio: For what, sir? Commissioner De Yurre: For the explanation for the increase? Mr. Odio: For the increase in dollars? Lt. Longueira: I'll tell you. Sir, back in 1988 when we started the drug testing, the lab that happened to be selected was way out in the County. When we . first started sending officers to be drug tested, we were losing a lot of _ time, police officer time, them going out into the County. So the -contract.= - was modified to have them... have somebody at Cedars in the City, taking the , - test, transporting them out to the lab, OK? And this required somebody to be - - there all the time during the day. That's what the additional` expense was �.. for. -It was for that lab person to be at Cedars rather than our officers = losing time going out in the County, OK? And this contract has been going - on... this .settlement has been going on for• a -couple of=,years,- and they, finallyrecommended a resolution. Commissioner Dawkins: And there is nobody in the City of, Miami with the abilities to conduct these tests that you have to go to a firm in the County? "} i _ Lt. Longueira: -It is no longer like that, sir. We now have, I believe... Commissioner Dawkins: So why are we... it's no longer like that, sowhy are g you still dealing with this individual who we have to pay a penalty. to deal ti with him? - m Lt. Longueira: No. This is actually a resolution<of a -bill from 1988.;s:: Commissioner Dawkins What? Lt. LOASUsirat This is a resolution..,49 { T Commissioner Dawkins, Nineteen eighty-eight, nineteen eighty-nine, nineteen ninety, and now you're going to pay it in ninety"one? Lt, Longuairat We haven't had the... .I don't believe we have had that company all of those years, Commissioner Dawkinst No, wait a minute. You're losing me, because you tell me that this is a bill from 1988. Lt. Longueira: Right. That's when the agreement was modified. Commissioner Dawkins: Well, I don't want to know about the modification of the agreement. I want to know what space of time is covered by this amount of money? Commissioner Alonsot May to August, isn't it? Commissioner Dawkins: Nineteen eighty-eight, he's saying now. Commissioner Alonso: Yes, eighty-eight. Commissioner Dawkins: So now, we didn't pay them in eighty-nine, we didn't pay them in ninety, and now you're going to come up in ninety-one and pay _ them? They should be out of business by now if they were waiting for their money for this long. Mr. Odio: This resolution was adopted in May 19 of 188, but we are not going back to that now. Commissioner Dawkins: All right, then why didn't we adjust the payment in 189 for thirty-five thousand dollars ($35,000)? Why didn't we adjust it in 190, if we had it adjust...? You know, I don't understand. Maybe, you can explain it -to me Joe, but I don't understand what we're doing. = Mr. Odio: Joe. Commissioner Alonso: We need an answer to Commissioner Dawkins, because my _ understanding is that it's for services from May through August of 188, that was my understanding. Is that it? Lt. Longueira: Right. I believe it's all in 188, and it's taken... ,j - Commissioner Alonso: That's right. Lt. Longueira: This bill has been under contest between us and Toxicology. All these years, we have been bickering back and forth, and this resolution, is finally being.recommended. Mr. Odio: I see what happened. What happened is, when we moved to Cedars, - Commissioner Dawkins, they had to send their experts all the way to Cedars, -.: - and they.claimed they had an additional -cost. Commissioner Dawkins: Right. _ Mr. Odio: Then they billed us for it after the fact. And what we are trying to do here, is clean up -,that bill from that dispute that arose at that time between the department and the... Commissioner Dawkins:All right, OK. In 189, who did we use? t Mr. Odio: We were at Cedars. Commissioner Dawkins: Who? _ Mr. Odios. At Cedars of Lebanon. s, Commissioner Dawkins: Wait a. minute. You re ati11 start in at Cod rs;" tad " you acquired this extra cost because you went to Cedars; and<you hadta-hsvo , person who could read the drugs, or who could take the drug spscimsn, or"who could do something • Mr. Odics Right. That started in... s a�7 120 ii rci i 9 1�k Cotmissiohbr Dawkins: Now, so it you had to have this in 188, and we contested it, which I agree, with thirty-five thousand dollars ($35tOOO) worth of extra coati !Iva got a problem with that: Mr. Odio: Right. Commissioner Dawkins: Now, why did you continue to do business with them in 189 and 190? Mr. Odio: That's a good question, that's a very good question. I don't know, I'll have to find out. ICommissioner Dawkins: Who are we using now? Commissioner Alonso: Wasn't this...? I Mr. Odio: What this item is doing, is cleaning up that... Commissioner Alonso: Wasn't this bill the result of an error in the final bill, and then it has been in dispute in the City, and now it has been finally clarified to the satisfaction of the City of Miami? That was my understanding, that's why I moved. Lt. Longueira: Yes. Mr. Odio: See what happened... that's is correct. Commissioner Alonso: But they have to explain to us if it is something else, because I want to know. Mr. Odio: What happened, at first they, the Toxicology did not reflect in their.bills the couriers to go over to Cedars. Then one day in May of 1988, they all of a sudden, began to reflect these new numbers in there, and we rejected the bill, and the dispute arose out of that, and this is the settlement of that dispute. But in fact, when they first began to send people to Cedars, they never billed us for it, until one day in May, when they began to bill us for it. Commissioner Dawkins: May what? Mr. Odio: Of 1988. Commissioner Dawkins: All right. -Who did we use.in 1989? What firm did you use? Lt. Longueira: Trying to get a hold of them, air. The only thing I'd recommend, if you need that information, give me time to get it, and I'll bring it back to you. Commissioner Dawkins: OK. See, because <if you are, in a dispute with"a. company over;thirty-five thousand dollars ($35,000).worth ofcharges,-why do you continue to do business with this firm, you know, and.;you, are in dispute about... I don't know.! Lt. Longueira: Yes, I don't believe we were, but. I will, get, you, the information. Vice Mayor Plummer: All right, you want to hold on that? Lt. Longueira; Yes. Commissioner Alonso: Let's defer this item. Vice Mayor Plummer; Commissioner Do Turre. Commissioner Dawkins: Hey, look: As Commissioner Alonso said, it's GOTAothinj that has been donei you know, and we constantly sit up here and rubber ata"'', stuff that 0 OU U of 00 ii you need A four/fifth vote, you have.,* ondy spent the moneyt you can't got it back, I mean, there is nothing that be. done a �bout It, but as ahe,.f g; 121 t4 9, 9. 2-2 ,:i ; st r Ysrt 4. R ` 7 a Vice Mayor Plummer: Yes, but you still are entitled to get an answer after we pass it. Commissioner Dawkins: Yes, well I can pass it, and get an answer. No problem. Vice Mayor Plummer: All right 35 is moved by Dawkins, necbnd by Alonso. Is there anyone...? rA ( Commissioner Dawkins: No. Commissioner Alonso moved it. I second. a I Vice Mayor Plummer: What? Commissioner Dawkins: She moved it already. Don't take it from her. Vice Mayor Plummer: Commissioner Alonso moved it... Ms. Hirai: Commissioner Alonso moved, and De Yurre seconded. Vice Mayor Plummer: ... Commissioner De Yurre seconded it, and Commissioner A, Dawkins wants it to go away. i -? Commissioner Alonso: Can't we table this item and have some answers? Let's get the answer. ! Commissioner Dawkins: Yes, we can get the answers after we pass it. No f problem. i Vice Mayor Plummer: You can get it afterwards. Commissioner Alonso: OK. Vice Mayor Plummer: You've got to pay the bill. { l Commissioner Dawkins: We've got to pay them anyway. Vice Mayor Plummer: We've got no choice. ? Commissioner Alonso: OK. We have to. Vice Mayor Plummer: Call the roll. "n x The following resolution was introduced by Commissioner Alonso, who moved its adoption: n RESOLUTION NO. 91-235 A RESOLUTION RATIFYING, CONFIRMING AND APPROVING, BY ^:t — AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, THE CITY MANAGER'S EMERGENCY ACTION '} IN MODIFYING THE TERMS OF AN AGREEMENT FOR THE PROVISION OF LABORATORY SERVICES, BY TOXICOLOGY 7y 4 h TESTING SERVICES,. INC., THEREBY INCREASING THE AMOUNT —! OF THE AGREEMENT BY $35,421.11, WITH FUNDING THEREFOR BEING ALLOCATED FROM THE POLICE DEPARTMENT GENERAL — FUND, INDEX CODE 290201-260. Y ;.; (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: ` g; g,. AYES; Commissioner Victor De Yurre Commissioner Miller J. Dawkins' Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NQES: None,} ASSENT; Mayor Xavier L, Suarez � {- a f �p 2 n L � j \1 11 S i. COMMENTS MADE AFTER ROLL CALL: Commissioner Dawkins: See, I'm already Setting notes from people who are dunning the City. Vito Mayor Plummer= All right. De Yurre, on twenty-nine, you've made one of your appointments, you are going to hold the other one? ILI 49. (Continued Discussion) MAKE FURTHER APPOINTMENT TO INTERNATIONAL TRADE BOARD (Appointed was: Eladio Armesto, III. Commissioner De Yurre's second appointment to be forwarded in writing to the City Clerk.) (See label 41). ---------------------------------------------------------------------------- �Y Mayor Plummer: Thirty-one, Vice Ma y y-one, De Yurre you have two appointments to the K ITB. Commissioner De Yurre: I'll appoint one, Eladio Armesto Jr. Commissioner Alonso: What item is this? Vice Mayor Plummer% All right... that's thirty-one, the ITB. 4 Commissioner Alonso: Oh. Vice Mayor Plummer: You want to hold your second one? Commissioner De Yurre: I'll hold the second. ['- Vice Mayor Plummer: All right. Is there a motion to approve? Commissioner De Yurre: Moved. Vice Mayor Plummer: Well we incorporated that, right Clerk? - Matty? Commissioner Alonso: Second. T Commissioner Dawkins: Yes. Ms. Matty Hirai: I'm sorry, sir? I t� Vice Mayor Plummer: We incorporated in the original motion that De Yurre K. could, surrender it without having to go through the formal? } Ms. Hirai: Yes as of. the .. , past. meeting, the Commission started'feeling this way, so.: # Vice Mayor Plummer: OK. � y - Commissioner De Yurre: OK, great.$; Vice Mayor Plummer: Commissioner, I don't believe you have any other. jj(St '.appointments according to this slip: that I have. �. Commissioner De Yurre:. That's it. 1 # Vice Mayor Plummer: OK. � s• VW — 1 7 } c-- -----.:.----r... r.....�.rW....�.. ..i.+a sc..�+.aW.....�.i---a.�.raa.....1ran.....+....��:.:.�—.,.w.u.r ' 7rotrarrw...�:.a.w ----aw.w.r.rta.—u..rar+. _ 50. DISCUSSION CONCERNING FUNDING REQUEST BY U.S. KARATE ASSOCIATION REGARDING ITS WORLD CHAMPIONSHIP EVENT - SUGGEST INTERNATIONAL,, INC. THEY SEEK ASSISTANCE FROM GREATER MIAMI HOST COMMITTEE. ------------- -------- Y-------r---------'---r------------------------------ Vice Mayor Plummer: Item thirty-six - was it, we held for you because it involves the Sports Authority giving seventeen thousand dollars ($17,000) to the Karate... item thirty-six. Ms. Susan Neuman: Good afternoon. I am Susan Neuman and with me is John Pachivas from the U.S. Karate Association International. We are fortunate this year in being able to welcome back the world championships in karate, first time to the City of Miami, since 1984. And we are asking the City for some support on it this year as they did in 1984. It is a major event which will bring over nine thousand competitors, from over thirty-six or thirty- seven countries all over the world, and we are working on television coverage also. I'll let Mr. Pachivas give you a little bit more information about the details while I give you some fact sheets. Mr. John Pachivas: Good afternoon Commissioners. In 1984, the event was held at the Omni International Hotel, and between the Omni and Marriot, and the adjacent hotels, we've harbored over eleven hundred different rooms for a period of about ten days. We generated approximately about three to three point five million dollars in the three day event. This year, we have a total of about thirty-six to forty percent black competitors in this event, and about fifty percent of the competitors are children. We have over nineteen hundred people coming from Brazil and the South American areas to participate in the event, along with other thirty-six different countries. Hosting the event, will be Tony Segretto, Chuck Norris, Bob Wall, and Claude Bandam, and 4Vr Steven Segal. And we hope we can be successful here to bring the event. Commissioner De Yurre: What's your total budget? Mr. Pachivas: It's approximately four hundred thousand dollars ($400,000).. Commissioner De Yurre: How much of that do you have secured? Mr. Pachivas: We have thirty thousand dollars ($30,000) now. We are looking at... through our track record, approximately a hundred and, -seventy-five -`" thousand dollars ($175,000) at the gate, and another hundred and twenty-five dollars ($125,000) for entry fee. - Mr. Odio: Commissioner, If I may, I think they are going to appear in front - of the. TDC(Tourist Development Council) on April 5th, and I would recommend s that they.go in front of the host committee as soon as possible. Mr. Shepherd is here, who is the treasurer there, and I believe that they could get help from them. Commissioner De Yurre: How much...? You were looking at what?., seventeen?... " Mr. Pachivas; Right. We, are also approaching the. TDC, and the Sports Authority, and we are asking the City too. e` �r Commissioner De Yurre: And the County? Mr. Pachivas: Yes, sir.- Commissioner De Yurre: Aside from TDC? Mr. Pachivas: The Greater Miami Convention. - Commissioner De Yurre: How about the County Commission? '-_ _ Vice Mayor Plummer: TDC is what I sit on, the Tourist Development County. - - v t Is the Mr, Pachi asCounty, Mr, Adi.oc And then the Greater Miami_Host Committee is... ` 124 s 4t rc y z 4 14 . .. t .: R i Mr, pachivadt. in the past in '84, the City of Miami had funded the event, and ;.,. help support it and bring it to its success, and along with he TDC and the i. Greater Miami. And we are approaching the TbC, April 5th, and we have an appointment tomorrow with the Sports Authority. l Commissioner De Yurres Now, let me understand this. The seventeen... you are seeking from all these different groups, the sum of seventeen thousand ($17,000)? Mr. Pachivass No, sir. We are approaching the TDC for fifty thousand ' ($50,000) and we are approaching the Sports Authority for seventeen thousand` ($17,000). We are approaching the City of Miami for sixteen thousand five hundred ($16,500). Commissioner De Yurre: So that's thirty-four eighty-four... and who else are you going to, the Host Committee? Mr. Pachivas: We are going to the Greater Miami Convention Committee, and the DDA. Commissioner De Yurre: For how much? Mr. Pachivas: We are approaching them for fifteen thousand dollars ($15,000):` and the Greater City of Miami Convention, twenty thousand dollars ($20,000). ' t i Commissioner De Yurre: So that's four hundred and nineteen thousand dollars — ($419,000)? }` Mr. Pachivas: I'm sorry? Commissioner De Yurre: That's four hundred and nineteen thousand dollars ' ($419,000). You make three hundred with the fees and gate, and that's a hundred and nineteen. Mr. Pachivas: That's an anticipated... based on our track record. Depending on the amount of contestants that do come, and do show up, it was... see, we j _ hosted the event at the Omni, we did not host it at the Miami Arena in 1984, so we anticipate a larger crowd. However, we did fill the Omni- up in 1983, and in 1984. The budget started off to be four hundred and ninety-one - thousand dollars ($491,000). Commissioner De Yurre: OK. Because I can see you going to different arms of ther•City;to raise sixteen five, or... around that amount altogether, but to Y _ come here for sixteen five, go to the Sports Authority for seventeen, and the Host: Committee for ,another amount, I don't see that happening at all. Your know, :.I can... my understanding was, you were looking -for seventeen when ,we # t: spoke -;the other day and you were going to go to different entities within the City.to raise: that money. In fact, you were going to the County to get part of that money. Now if you're talking about mega bucks which for us, it's an exceeding amount of money, I don't know how far we can help you on that. } Mr. 'Pachivas: The budget that we are looking for from the City of Miami is going to defray the prizes for the peewee divisions and the youngsters that. 7 4 � are participating in the event. The County money is going to do with -,the $_ trophies and the prizes for the women's divisions, and the Sports Authority would be for the special events that are occurring in the event, the board breaking, the sword fight, and the brick breaking contest, judged by.the three f celebrities. Commissioner De Yurre: Let me ask you this. Where is the four hundred}' thousand ($400,000)? What are the expenses that you have? *, Mr. Pachivas: Advertisement. Commissioner De Yurre: Advertisement, Mr, Pachivas A lot of advertisement, and the contract between tho,' ' productions for the national and international network, which is being$}: tl ne ctieted Y Curren y B r z}' Commipsioner De Yurre: You get no'money fromTV? p k y t r`41 El Mr. Pachivas: I'm sorry? Commissioner De Yurre: You get no money from TV. Mr. Pachivas: We are accumulating the monies from sponsors, and... Commissioner De Yurre: But that's on top of the four nineteen. INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD. Commissioner De Yurre: No, no. You just gave me a breakdown of four hundred and nineteen thousand dollars ($419,000). Your expenses are four hundred. Now on top of that, you tell me you have sponsors. What kind of money you are going to be getting from the sponsors? Mr. Pachivas: Well right now, the sponsors... there are no sponsors committed to the event at this point. And when we secure the network, we will be in a better position to bargain with our sponsors. They are looking for the t national coverage. s Commissioner De Yurre: Because you know, our position here in the City is to 4" help, you know, not to be in a position where you can make money, but to help' make things happen, and if you are going to collect, you know, you're got four hundred and nineteen identified, and on top of that you're got sponsors, and then you've got TV, then you've got a windfall. coming from the City the way I see it. Don't know how the rest of the members here see it. Vice Mayor Plummer: Is this a profit, or nonprofit. Mr. Pachivas: Nonprofit. This is the first request. Vice Mayor Plummer: So certified by the State of Florida? -nonprofit organization? �- Mr. Pachivas: Yes. It's a nonprofit organization in the State of Florida. j Vice Mayor Plummer: Well, unless some Commissioner is willing to make a motion, we've been telling people for quite some time, the cupboard is bare. Mr. Manager, do you have any other recommendations? Mr. Odio: The Greater Miami Host Committee could very well help them out. F Vice Mayor Plummer: OK. J; Commissioner De Yurre: Well let's do this. Go to the Host Committee, go to the Sports Authority, the arms that we have in the City and see how much you can get form those entities, and then you can always come back to the administration. The administration can help out to some degree within their... 1 Mr. Odioz If you don't mind I would like to also if Y , you would... if they have to come'back -here, I'want to do an audit of what happened at the Omni and the Marriott the last time they were here. Vice Mayor Plummer: OK. Mr. Odio: Because I am getting some... OK. t 7 Vice Mayor Plummer: That's your responsibility to do it, anyhow. OK. rs �. Commissioner Dawkins: Mr. Manager, for me, if you are going to come back and recommend doing anything, you have some way of getting our money y back out f g g y t o } r �: ., anything above their expenses. Because when he tells me four hundred thousand r wu dollars ($400,000) for expenses, and I am looking at almost a million dollars gross... I mean income, get my money back. 6 x; Mr. Odio: I am not going to recommend anything, rf i. Commissioner Dawkins: Ok, fine, in the event that you do... ale u}.i Mr, Odios I think the y can get help over there, + M i 1 y Vice Mayor Plummer: OK, Thank you, ------Wes--------. ..!----_- - - ---------------.._----_---- -----__------------ 51. (Continued Discussion) AT THIS POINT (That no one had come forward to oppose earlier action taken) CITY COMMISSION RECONFIRMED APPROVAL OF INTERLOCAL AGREEMENT BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, AND VILLAGE OF BAL HARBOUR, WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. - BUREAU TO CARRY OUT CONVENTION PROMOTIONS, BOOKING AND SALES ACTIVITIES - ALLOCATE $100,000 ANNUALLY FROM METRO DADE TOURIST BED TAX FUND (See label 6). ------------------------------------------------------------------------------ Vice Mayor Plummer: Among the Commission as I see it, unless I am mistaken, we have the last page in the agenda to do. Items 45, 46, and 47 which we cannot start until five o'clock. Mr. Manager, is that correct? Commissioner Alonso: Forty-four we can take now, and then we can take... Vice Mayor Plummer: What is forty-four Mr. Odio: You can take now, the Interlocal Agreement. Commissioner Alonso: Forty-four is... they say we need a vote. 01 } Vice Mayor Plummer: All right. Is there anyone here wishing to speak to the t Interlocal Agreement between the Greater Miami Convention Bureau and the City - of Miami? Let the record reflect that item forty-four, no one came forth. The action taken this morning, stands. Commissioner Alonso: OK. So moved. We took a vote. Vice Mayor Plummer: We've already taken a vote, OK? Commissioner Alonso: OK. i ViceMayorPlummer: We would only revisit if someone _wish to speak. AIWALI ro i aw— ---.rd+r..+..—....a--a....w.iw..--...r,Y.--.r...—.s...a:..—.r.��c�:e:a 52. RESTRICT, PERMANENTLY, VEHICULAR ACCESS (STREET CLOSURE) TO N.W. NORTH RIVER DRIVE DETWEEN EASTERLY SIDE OF INTERSECTION WITH N.W. 24 AVENUE AND WESTERLY SIDE OF INTERSECTION WITH N.W. 22 PLACE - APPROVE { INSTALLATION OF TRAFFIC SIGNS, i` t------------:------------..------------------------------------------ Vice Mayor Plummer: Item 45. All persons wishing to testify on item 45, please indicate by raising their hands. Let the record reflect that no one r';o has indicated. I need another Commissioner. Once again... Cesar, sit down. Mr. Odio: I am talking to the Commissioner. k Vice Mayor Plummer: I don't care, sit down. Commissioner Dawkins: Sit down, that's the Vice Mayor. Mr. Odio: What? Commissioner Dawkins: The Vice Mayor. Vice Mayor Plummer: Does anyone wish to speak on item 45? For the third and €E final time, does anyone wish to speak on item 45? Mr. Odio: For the record, we went to the neighborhood, we met with them, and if they are not here, I guess they were satisfied with the... Vice Mayor Plummer: Then what action are we to take if no action? Mr. Odio: Just pass the... Vice Mayor Plummer: Pass what? Mr. Odio: ... the resolution that we can... installation of traffic regulatory sign, permanently restricting vehicular access to NW North River Drive between the easterly side of its intersection with NW 24th Avenue, and the westerly side of its intersection with NW 22nd Place. Vice Mayor Plummer: Under the theory that silence gives consent, I will ask one more and final time. Is there anyone wishing to speak on item 45? The Intersection of 24th Avenue and the westerly side of... with NW 22nd place. What is the pleasure of the Commission? Commissioner Dawkins, Commissioner ! Alonso,,what'is your pleasure on item 45? Commissioner Dawkins: Whatever you decide air. Vice Mayor Plummer: Not what I decide. They've recommended that it be made permanent. No one is here to the contrary. The only other thing... — Commissioner Dawkins: I move it with the provision that if we do not hear contrary to the neighbors, that it become final. In the event that the neighbors complain, then I will vote to reconsider and hear the neighbors. Vice Mayor Plummer: It's a motion to approve and seconded by Commission Dawkins. Call the roll on item 45. jy! F2 The following resolution was introduced by Commissioner Dawkins, who moved its Adoption: RESOLUTION NO. 01-236 A RESOLUTION PERMANENTLY RESTRICTING VEHICULAR ACCESS TO NORTHWEST NORTH RIVER DRIVE BETWEEN -THE EASTERLY SIDE OF ITS INTERSECTION WITH NORTHWEST 24TH AVENUE AND THE WESTERLY SIDE OF ITS INTERSECTION WITH NORTHWEST 22ND PLACE, IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED WITH THIS RESOLUTION; DIRECTING THAT THE CITY CLERK TRANSMIT A COPY OF THIS RESOLUTION TO THE POLICE DEPARTMENT, FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT, DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, DADE COUNTY PUBLIC WORKS DEPARTMENT AND UNITED STATES POSTAL SERVICE. (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 Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. z NOES: None. ABSENT: Commissioner Victor De Yurre Mayor Xavier L. Suarez` i NOTE FOR THE RECORD: Commissioner De Yurre entered the meeting at 5:03 p.m. 53. BRIEF COMMENTS AND TEMPORARILY TABLE DISCUSSION CONCERNING INSTALLATION OF TRAFFIC REGULATORY SIGNS IN NORTH COCONUT GROVE NEIGHBORHOOD (See label 58). -------------------------------------------------------------- ------ s Vice Mayor Plummer: Item 46. Is there anyone...? Mr. -Odio: No. It's at 5:15 p.m. Can you do it? Commissioner Alonso: Let's wait. Vice Mayor Plummer: Yes, very definitely. Commissioner Dawkins: OK. Commissioner Alonso: We've been waiting all day. Vice Mayor Plummer: Can we handle...? Commissioner Dawkins, this item of discussion about the Arena and Heat, can you do that? Do you want to do that now? `. Commissioner Dawkins: I would love to. Mr. Odio: Oh! You want to... Which one? Vice Mayor Plummer: I mean, there is no action. Is there...? Commissioner Dawkins: No, no action. 129 idarich 14, 199 i-n47ft '3r *EjK f ! 11F3�Ct , � i Lx _ i Vice Mayor Plunnatt If there is no action, I don't know... Carl, can we take i, aft item out of turn that...? Mr. Odiot He is trying to run the administration, you want him now to run the 4{X City Commission meeting? Commissioner Dawkins: Say what now? Mr. Odio: He is trying to run the administration. Mr. Fernandezt Mr. Vice Mayor. Vice Mayor Plummer: Sir. .,� ...__�__�_-- m...«,► :.. ..« ..««,,..«..e«„e.r,t tl,nt tho inA{Vi!'111AiR 3nterest�A — forty-six, are asking for a deferral. 1� Vice Mayor Plummer: Well. Mr. Odio: OX, but... Vice Mayor Plummer: I guess this was initiated by the City, is that correct? Mr. Odio: Yes, sir. Vice Mayor Plummer: All right. Let's wait until 5:15 p.m., and if in fact, no one shows up, or in fact, somebody requested deferral, we can consider it at that time. 54. (Continued Discussion) CITY MANAGER INFORMS COMMISSION THAT RUMORS CONCERNING ALLEGED DISAPPEARANCE OF WYYWOOD- SHOE STORE OWNER AFTER SHE HAD BEEN GRANTED A LOAN FROM THE CITY WERE FALSE (See label 39). ------------- ----------------------------------------------- ---------- r. Mr. Odio: Commissioner. Vice Mayor Plummer: Sir. = Mr. Odio: You mentioned this morning about the morning, or this afternoon I think,,about the shoe store... Vice Mayor Plummer: I thank God, the that I Beard was incorrect. The #` _rumor -lady is ,here :and;.:, doing well. Mr. Odio: And if you have any question, specific data about that, Tony Crapp 3. is here. : it. Vice Mayor Plummer: No, sir. I just wanted to clear up a rumor that I had '. heard. That's all I was doing...: j,. Mr. Odio: OK. 7 °y Vice Mayor Plummer: . and I appreciate you getting me the information. , Mr. Odio: OK._: t� 1- r�a - 6131 '°j }J9Yt 110 r y5t kf d t�'S.�X yt t 1.7P 7 r� aij+ ` Y 3 1� -------------- ------------------ -----3..lW.a.--.Y.aifr----ww� iirriYrrriiYii 55. RECONSIDER RESOLUTION 91-177, WHICH DENIED APPEAL AND CONFIRMED ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION TO ALLOW CONSTRUCTION AND OPERATION y OF EXTENDED CARE FACILITY FOR SUBSTANCE ABUSE CLIENTS AT 626 & 627-699 }' N.W. 11 AVENUE AND 1058-1089 N.W. 7 STREET (Deferred to future meeting). x ------ ------r------------ -- ___--_-...--------------..-------------- x Commissioner Dawkins: Mr. Mayor... Mr. Vice Mayor, Vice Mayor Plummer: Sir. a Commissioner Dawkins: Mr. Jorge Lamadrid. Vice Mayor Plummer: Yes. Commissioner. Dawkins: We voted against his project. He would like for us to reconsider, and give him a chance to talk with the neighbors and see if he can convince the neighbors to go along with him. Vice Mayor Plummer: What is the item number, Mr. City Attorney? Mr. Fernandez: Yes. This was an item that was considered by you... Commissioner Dawkins: PZ-17. Mr. Fernandez: PZ-17 at the February 28th meeting, and it would be proper action if you so choose take, to at this time, reconsider that decision that you made, and have it scheduled for a future City Commission meeting, so that the item can then be reconsidered at that time. Vice Mayor Plummer: Is there a motion to reconsider? Commissioner Dawkins: So moved. Vice Mayor Plummer: Moved by Dawkins. Commissioner Alonso: Second. Vice Mayor Plummer: Seconded by Alonso. Mr. Fernandez: And Mr. Lamadrid understands that he will have to incur all of the expenses. Vice Mayor Plummer: He can't do anything until we take a vote to reconsider, because we don't know if we are. Mr. Fernandez: Correct. Vice -Mayor Plummer: Call the roll. — z� t3.: The following resolution was introduced by Commissioner Dawkins, who moved its adoptions RESOLUTION NO. 91-237 A RESOLUTION RECONSIDERING RESOLUTION NO. 91-177, ADOPTED FEBRUARY 28, 1991, AS AGENDA ITEM #PZ-17, IN REGARD TO A REQUESTED SPECIAL EXCEPTION FOR THE CONSTRUCTION AND OPERATION OF AN EXTENDED CARE FACILITY AT THE FOLLOWING ADDRESS(ES): 626 NORTHWEST 11TH AVENUE, 627-699 NORTHWEST 11TH AVENUE AND APPROXIMATELY 1058-1098 NORTHWEST 7TH STREET, MIAMI, FLORIDA; FURTHER DIRECTING THAT THIS ITEM BE PLACED ON THE EARLIEST AVAILABLE CITY COMMISSION MEETING AGENDA SUBJECT TO APPLICABLE ZONING ORDINANCE AND CITY CODE PROVISIONS CONCERNING NOTICE TO THE PUBLIC, WITH THE COSTS OF SUCH RECONSIDERATION AND AGENDA PLACEMENT TO BE BORNE BY THE APPLICANT. (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. NOES: None. ABSENT: Mayor Xavier L. Suarez. COMMENTS MADE AFTER ROLL CALL: Vice Mayor Plummer: All right now, sir, you understand what the City Attorney is saying, that if in fact, we now relive the issue, and defer it to March the 28th... Mr. Fernandez: Not necessarily. Vice Mayor Plummer: I thought it had to be a... Mr. Fernandez: The next time they were able to get it advertised, and you know, go through the whole thing. It may be too late. Vice Mayor Plummer; That would have to be to a date certain? Mr. ,Fernandez: No. .What had to be within a date certain was this action that you are taking.today. Vice Mayor Plummer: All right, OK. You understand sir, that any and all expenses will be incurred by you. To the administration, Mr., Sergio Rodriguez, give me the anticipated cost of what it will.be togothrough this process again. Mr. Rodriguez: It's about twenty-four hundred dollars ($2,400). Vice Mayor Plummer: All right, sir. The only way I would vote favorably for you.i:s,.you put up a five thousand dollar ($5,000) cash bond, that any monies not spent, will be reimbursed to you, but it has to be a cash bond. You j^ understand that, sir? Mr. George Lamadrid: I am George Lamadrid, residing at 5288 Alton Road, Miami Beach, and I understand that, yes. Ufw Wnwnr Alfrmmer. 011 r4nht- Wnra A.. Mr. Fernandezt This is it. You have already taken a vote to reconsider, and that it stays there. Vice Mayor Plummer: What in the consideration? Mr. Fernandez: You have just passed in this resolutions "A resolution to reconsider Resolution number 91-177, adopted February 28th 1991, as item P2- 17, in regard to a requested special exception for the construction and operation of an extended care facility at the following addresses." And than it gives the addresses. Vice Mayor Plummer: The question I am asking sir, is, is there any further action needed today... Mr. Fernandez: No. Vice Mayor Plummer: ... other than the bond being posted? Mr. Fernandez: No. Vice Mayor Plummer: OK, fine, sir. Thank you sir. As soon as you post that bond of five thousand dollars ($5,000) sir, you can proceed to try to convince those neighbors. I wish you well. Mr. Lamadrid: Thank you very much, Commissioner. Vice Mayor Plummer: BUENA SUERTE. -------------------------------------------------------- ---------------------- 56. DISCUSSION WITH MEMBERS OF LATIN QUARTER AND LITTLE HAVANA MERCHANTS' ASSOCIATION CONCERNING CITY'S LOAN PROGRAM — REFER TO CITY MANAGER FOR POSSIBLE ASSISTANCE FROM MIAMI CAPITAL. Commissioner De Yurre: J.L., we've got to wait until 5:15 p.m. right? Vice;Mayor Plummer: Yes, sir. Vice Mayor Plummer: OK. Vice Mayor Plummer: You've got an item... something you would like.to bring up? -; Commissioner De Yurre: Yes. I have here, members of the Little Havana . Merchants. Vice Mayor Plummer: Yes, sir. - -Commissioner De Yurre: They wanted to _bring up a point in,reference:to .the million dollars loan program that we established about three months ago. °x o Vice Mayor Plummer: Please address the microphone,' Commissioner De Yurre: While they are coming up, it seems that - there is .so:me ' difficulty as far .as getting funding, or financing from the bankw:to-go .along 1 with this program that we've established.? Vice Mayor Plummer: Mr. Manager - Where is Mr. Odio? ; ,. Commissioner Dawkins; Right here with me. e �4 Vice Mayor Plummer: Sir. Mr. Odios Yes, air, Vice Mayor Plummer: Are you hearing what Commissioner Do Yurre is talkih about? Commissioner De Turret Reference to the million dollar i0aa L. ttla Havana Merchants, .49 rW ��- Vice Mayor Plummer: 'Would you give us an answer? Commissioner De Yurre: It seems there is difficulty with the banks, the lending institutions, because of the way the economy is today in their lending criteria, that many of the merchants that want to borrow through this program are unable to. And the group of merchants that we have here is representative of those individuals that do want to borrow, but is finding it troublesome. And they are seeking right now, if we can change the rules of the game a little bit, to where they can just borrow directly from Miami Capital, the one million, everybody with loans no more than fifty thousand dollars ($50,000) maximum. And they have got some terminology here that I am going to read as to the type of terms that they would like to see running with this. They are looking for, of course, like I just mentioned no matching funds by the business owner; interest rate at 3 percent per year; loan term of 15 years; the collateral for the loan will be the business itself; loan approval to be determined within 30 days - it seems that's a big problem as far as... the banks take too long in this process. And again, the maximum amount of the loan per business owner would be fifty thousand dollars ($50,000). These are the things that they would like to see implemented as a criteria for this loan program. Vice Mayor Plummer: I bet they would. Mr. Odio: I was going to ask Florentino for a loan. Commissioner De Yurre: Of course, they promised that they are not going to take the fifty thousand ($50,000) and put it at 6 percent at the bank, and make 3 percent interest. Go ahead, if there is anything else you want to add to this. Mr. Elio Rojas: Mr. Mayor, Commissioners, my name is Elio Rojas, president of the Latin Quarter Association. On behalf of the Latin Quarter Association, I represent about three hundred members, and also about fifty-five members, the Latin Quarter. Association and Pequena Habana. The merchants that are applying for the loan, we have in the last three months, three meetings with all merchants, and each meeting, we have about twenty-two once, sixteen, and twelve merchants come and apply for the loan. Along with that meeting was, who represent the... what's his name, Miami Capital. The Miami Capital people came, they explained the situation, and the way they suggest the loan be loaned. And unfortunately, nobody can apply for - they don't qualify. The reason is because, number one, they're asking for matching funds. Some guys needed fifty thousand dollars ($50,000), they've got to come with twenty-five thousand dollars ($25,000). If they have the twenty-five thousand dollars ($25,000)'I believe they are not going to ask for a loan. The second one is, the warranty on the loan.. They are asking for the house, they are asking for. something else. And I recommend to all my customers... my members, not to give the house. Vice Mayor Plummer: - Sir, you know, we are not going to be able to'settle _this today. May I suggest, since the Manager is telling me, he has not seen this item; that you sit down with the Manager, who would I assume invite Miami Capital, and come back and make a recommendation to us. You know, you'll get it in the door, but I just don't see... I'm not ready to'vote -on this. Mr. Odio: Because the first thing I've seen is that... remember the Model City Program, they had more restrictions than this one, and it was very liberal. Commissioner Dawkins: OK, but I think Mr. Manager, what's being said is, if the individuals can qualify for a bank loan, they would go to the bank. a Mr. Odio: Correct, Commissioner Dawkins: So if the requirements for the loan is going to be such that they must meet the criteria for a bank, and they can't qualify at the bank, how can they qualify here. I think that's what I hear them saying I don't know. Mr. Odio; No, I understand. But the first thing that entered my mind i*.,, Commissioner De Yurre for instance, you give them fifty thousand doliera f walk away, what do we have? We lost the business, which is what we want to �f. tt' keopi and we lost the fifty thousand ($50,000). So they have to be... { Commissioner Alonso: Yee, but I am sure there are ways by which we can get some sort of collateral... Mr. Odio: Sure. Commissioner De Yurre: Well, there is collateral. They are buying equipment... Commissioner Alonso: ... some sort of guarantee, and at the same time, being able for them to get the money. We can make it very difficult, almost impossible, or we can work with them. That's exactly what they want. A middle of the road... - Mr. Odio: OK. Vice Mayor Plummer: That's fine. Mr. Odio: That's fine, if we have... Commissioner Alonso: ... that we can find ways by getting this loan. Mr. Odio: We want to keep the businesses in place.( Commissioner Alonso: Of course. I j i Mr. Odio: We don't want to, put... give an incentive for them to walk away i ' w th ifty thousand dollars ($50,000), and I don T. think they are going to do... I didn't say they are going to do that, but we have to have certain..._ Mr. Rojas: I don't think Mr. Manager, I don't think that's the idea, they: walk away with the fifty thousand dollars ($50,000), that's not the idea. Mr..Odio: Elio, I didn't say that, but this is a business. er Mr. Rojas: Yes, this is a business. Commissioner De Yurre: OK, let's do the following. Mr.. Odio: And you cannot tell me that you can guarantee every person.that is going to get a loan. Commissioner Alonso: They understand that. What they are trying to do is get t d' ways to work and make it possible. ' Mr. Odio: OK, but... Commissioner De Yurre: Cesar, why don't you get together with them and come back .on the 28th with a recommendation that can, be brought before the Commission.. Vice.Mayor..Plummer: Sit down with Miami Capital, and the administration, and rL come back where we can, you know, think this thing out logically.. �. Commissioner De Yurre: OK?, _.. Mr. Rojas: OK, .` Commissioner De Yurre: Thank you. Mr. Thank Rojas: you. s a Vise Mayor Plummer: OK. _ xF 'dti ,1t 4 v' 435+ J l+ E 1 i !3 b 4L.YfiY f .r:wt--r-------w r.r--a.+ —: .__—.—..r—r------.a.ir-----------rr----------r-------w.r 57, (A) (Continued Discussion) CITY MANAGER'S RESPONSE TO FORMER CITY COMMISSIONER ATHALIE RANGE'S COMPLAINT CONCERNING ALLEGED DISCRIMINATORY PRACTICES BY MIAMI POLICE DEPARTMENT'S ISSUANCE OF TRAFFIC TICKETS TO CARS PARKED ALONGSIDE ATHALIF RANGE FUNERAL HOME - CONFIRMS THAT ONLY WARNINGS ARE TO BE ISSUED` PENDING COMPLETE ASSESSMENT OF THE SITUATION (See label 20). _ (B) CLARIFYING COMMENTS CONCERNING NON -TICKETING OF CARS PARKED IN {' FRONT OF LIQUOR STORE IN SAME AREA. Vice Mayor Plummer: I assume at this time, and Carl Goldfarb has a copy of the response to Mrs. Range. Mr. Manager, you want to briefly put on the record? Mr. Odio: Well, the chief ordered Major Lanier to do a quick assessment of the situation on that avenue, and in the meantime, he has just ordered the police department, that no fines will be given, only warnings, until this is settled. As far as the liquor store is concerned, what happened is, that the liquor store is part of a strip center that is there, and he got his liquor license through the State of Florida. We don't issue those licenses. Vice Mayor Plummer: I don't think that was the issue. Mr. Odio: Yes. Vice Mayor Plummert The issue was, from a zoning standpoint, we require businesses to have parking. Mr. Odio: There was no additional parking than is already existing, was required for the permits, since those stores were built in 1960, and that was prior to zoning ordinance number 6871. Vice Mayor Plummer: All right, sir. Will you convey that on to Mrs. Range. Mr. Odio: We will. Vice Mayor Plummer: OK. Fine. Vice Mayor Plummer: It is now 5:15 p.m. Commissioner Alonso: May I ask a question concerning the parking please? Vice Mayor Plummer: Commissioner Alonso. Commissioner Alonso: What kind of parking do they have right now in existence in that liquor store? Mr. Guillermo Olmedillo: They have two spaces which is what is required under 9500, the ordinance in which they obtained the permit. Commissioner Alonso: I guess we will have to revisit then, the laws that exist, because we don't want that to happen all through the City of Miami.I don't think we had in mind that people could open liquor stores and have two parking spaces. Mr. Odio: No, Commissioner, this was before 1960. Commissioner Alonsot Yes, but according to what Mrs. Range said, it's a new license that these people have. Mr. Odio: Yes, but they were grandfather... that shopping center was grandf athered in, because it was built before 1960. Commissioner Alonso: Is this a new liquor store? Mr. Olmedillo: It's a new liquor store, but the strip shopping center existed prior to, even 6871. Commissioner Alonso: I realize that, but... _s 136 i. K Mr, Olmedillos What happened, is that this is a 750 square foot liquor store. Even by 11000 standards, we would need three parking spaces. Now, if you're giving us direction to look at liquor stores specifically, and parking requirements for liquor stores specifically, we will be glad to bring it back for ;your consideration. Commissioner Dawkins: Say what now? Run that by me, because I was busy. Mr. Olmedillo: Commissioner Alonso was mentioning that perhaps we should visit the parking requirements for liquor store specifically, we will be glad to bring it back to your consideration. Commissioner Dawkins: Well, what is the determination on the liquor store that's there now. Mr. Olmedillo: The one that is present now, obtained the permits. According to the code, they have two parking spaces which was grandfathered under 9500, and 6871. Commissioner Dawkins: But they were not there in 95... when 9500 was in existence. Mr. Olmedillo: Ninety-five hundred expired March 3rd of 1991, just expired. Eleven thousand started. Eleven thousand requires a little more parking, but they were grandfathered under 9500. And the building itself was there under 6871, 1960. Commissioner Dawkins: 'But it was not a liquor store. Mr. Odio: That wasn't a liquor store. It was strip shopping center, and the liquor store requires the same parking as any retail space. Now, it's one per 300 square feet, and they have 750 square feet. Commissioner Dawkins: So they need two parking spaces? Mr..Olmedillo: They need three under the new one, but they are grandfathered with two parking spaces. Mr. Odio: Commissioner Dawkins, you know I just learned something new today. For any liquor store, don't pay us any license, and_I don't why we couldn't get some fees. Vice Mayor Plummer: I think they are preempted by the State. Mr. Odio: But why couldn't we...? Commissioner Dawkins:All right, OK. Let me ask a question. Now, we have'... ` Ms. Range got cited for parking on the same street in the same block? Vice Mayor Plummer: What block? — Commissioner Dawkins: Right, there where" the liquor store -is. So., now what makes.it all right for somebody to -park on the streets with two.parking spaces . in ::this flow: of traffic? a Vice Mayor Plummer:. They.are off. The parking are off of -the street. ;`. Commissioner Dawkins: ;.Where off the street?,'r Mr. Olmedillo: It's off-street parking. It's within the property. ' Commissioner Dawkins: Wait a minute, OK? It's a building hems on the corner - there's another.one, and then it's the liquor store. So you °mean :to tell' me ?_ that the liquor stare can go by these three places, and go around the corner, and it has got parking spaces,' around the corner, and this spot,..? or this one? r Mr,, Clmedillos As long as it is within the same property, it is consid8 be on -site. On -site parking. iF Xtrok 14tif fp♦�rty2 I4�� ire Vice Mayor Plummeri different manner. Commissioner Dawkins: Hey, it's bad and hopefully, the 11000 addressed it in a Thank you. Vice Mayor Plummer- Eleven thousand to me is worse than the ninety-five hundred. We tried to simplify) and all wo did was complicate it. ------------ --------------------------------------------------------- - 58. Continued Discussion) DISCUSS AND DEFER PROPOSED INSTALLATION OF TRAFFIC REGULATORY SIGNS IN NORTH COCONUT GROVE (Deferred to May 9th) (See label 53). -------------------- --------------------------------------------------------- Vice Mayor Plummer: Forty-six. Item forty-six. Approving the installation of traffic regulatory signs in the North Coconut Grove neighborhood on a ti permanent basis. The only one that I have that is requested to speak is Aurelio Vigil. Are there others that wish to speak? I would ask you please, to register with the clerk. You will be afforded two minutes time each. Aurelio) you're first sir. Mr. Aurelio Vigil: OK. Vice Mayor Plummer: Set your clock, please. Mr. Vigil: This traffic, I am not sure what you will call it, is the most ridiculous thing I have ever seen. Vice Mayor Plummer: Wait a minute. Stop the clock. First of all, orientate the Commission. This is the area from 28th Street to Dixie, and from 22nd Avenue to 27th Avenue? Unidentified Speaker: That's right. Vice Mayor Plummer: OK. Fine. For the record sir, give us your name have it here, but give it on the record, your name and mailing address. Mr. -,Vigil: My name is Aurelio.Vigil and I live on SW 27th Way, a street which is now an expressway. Vice Mayor,Plummer:, Twenty-two hundred Southwest Twenty-seventh Way, is your address? Mr. Vigil: That's correct. Vice Mayor Plummer: Now, you have two minutes sir. Mr., -Vigi:: OK., :The problem here is that they have been trying, to correct traffic- problemsby-blocking areas, and they've blocked one,,area and, now createdea traffic problem for the people on 28th Street. The peoiple,on�28th : Street complain' -and On -you created a traffic problem for me -on 27th a `-4 Of these problems... I talked,to traffic engineers, and they agree that... this: thing' is ridiculous, it's absurd. No_ ne in their right mind would '.creat a 71, plan- that has :.one way streets that go in two, directions, half way,one down:. one <way, half the other. ..You've left one entrance into theentir0` neighborhood._twenty block area and that's my street,. and at five O'clock i the afternoon, you can't walk. I can't let my kid out of the house for fear that he is going to get run over. The traffic is incredible. -You've left .one street to feed an entire neighborhood. You can't go across, you not'. ■ corrected anything. I can't understand how the board can make;, a. decision M based on the whims of citizens who have, no knowledge of running, traffic, or guiding traffic, based on whether or not they scream or not. The engta'"re',j rf spoke to, a gentleman named Mr. Lennard Holmers, who is supposed to be traffic engineer, and he told me that they told the board that W was ridiculous. The police told -the board it was ridiculous. Hosaid the Fire T Department told the board it was ridiculous. Yet, it was done because someone came horo.4ad screamed you know, you've got, too much traffic; ,op,,my you've got to do something About it:. Well, if that was the C400, 1,4 ueo.quld blooks4e every atroot-in the City: of Miami aud.keep running the tl;At .44u I., U4 it runs lnto,theUy, OK? You cannot do this, I vo &-,Vqtittq# 0 14� it each person on 27th Way, which you have made the one and only entrance into this entire neighborhood, OX? - saying that this thing is ridiculous and absurd, and that you have endangered their lives. OK? 'you've basically endangered the lives of the people on the street, because now, the street is dangerous, OK? And personally, I think that the board should realize it. If they make a decision that is not... I believe the board is supposed to make informed decisions based on knowledge. If you make a decision that is not informed, you base it on whims, then you are leaving yourself open and responsible for damages because you are doing something irresponsible. You've made an irresponsible decision. Vice Mayor Plummer: Thank you sir. Mr. Vigil: Do you want this petition? Vice Mayor Plummer: Surrender it to the clerk please. The next speaker is... I don't have the papers. The next speaker is... Commissioner Dawkins: While we are waiting for him, I would like to make an announcement. Vice Mayor Plummer: Commissioner Dawkins. Commissioner Dawkins: Miami High is leading Plant City, eighty-eight to Sixty-nine, with four minutes left in the game. Vice Mayor Plummer: So be it. For the record sir, your name and mailing address. Mr. Carl Lambert: Carl Lambert. I am an officer in Overbrook Road Neighborhood Association. Commissioner Dawkins: Pull the mike to you sir, please. Mr. Lambert: Yes. Carl Lambert, 2500 SW 28th Street, I am an officer in the Overbrook Road Neighborhood Association. I live at the corner of 28th and Lacaya. And while the temporary plan that is in effect is certainly an improvement, unfortunately, we have a large number of people that don't obey these signs. And, as you can see, if Dr. Prieto will point to the corner of Lucaya and 28th, you can see how close I am to the intersection. And we have _ a great many people that come up to 26th and see that maybe there's' not a policeman around, and they run that sign. Vice Mayor Plummer: That's the only other one. Oh, there's three... Mr.: Lambert: During the Coconut Grove Art Show, we had a lot of people that ran that sign. So, the position of the people on 28th - and I have been given a petition from the people on 27th Lane is that they wish to now try temporary barricades, which would obviate the used for the police having to be }. out there all the time. That the Police Department, on our request, did a tremendous job when it was initially implemented. But they can't be out there all the time.: They just can't be there all the time. And the cars that run the one way do so surreptitiously and rapidly so I feel that we're going to have an accident there one day. We need... don't take me wrong, we're happy to have the improvement of the one way, and we don't want to go back to what we had before. But I would suggest that a temporary barricade at the 26th Avenue and 27th Lane and 26th is what we should try next. Vice Mayor Plummer: Thank you, sir. The next speaker is Mr. James Armstrong. Mr. James F. Armstrong: My name is James F. Armstrong and I live at 2238 S.W. 27th Way. I would like to ask the Commissioners if any of you have read the letter that I wrote to each of you on March 4th and hand delivered here to the front desk for delivery to your office. Vice Mayor Plummer: I can answer, yes, as well as your phone call, Mr. Armstrong: Very good. I think that I made myself very clear in than 04 f§�w4 - fill basis of hysteria and emotion, as Commissioner Alonso has done on both of the other two occasions when this came before this Commission since I've been involved over the last year. And I suggest very strongly that if you do not reverse this whole process that you've gone through in the neighborhood and continuing to erect these impediments to free flow of traffic, it is a clear and incontrovertible dereliction of duty on the part of the majority of this board. Vice Mayor Plummer: Thank you, sir. The next speaker is Sherry Freeman. Ms. Sherry Freeman: OK, my name is Sherry Freeman. I live at 2515 S.W. 28th Street. I am completely and a hundred percent opposed to the one way. I am stuck going out the only way I can, which is 27th Avenue. At 2:00 o'clock in the afternoon, it's impossible to turn left. At 5:00 o'clock in the afternoon, it's impossible to turn left. I'm stuck. I've got no other way out, OK? The police cannot enforce the one way, so I think the sign should be taken down. I spoke to a Lieutenant Tellez this afternoon, he was very nice. He told me that they will try to enforce it, but they can't have somebody there 24 hours a day. At night people go the wrong way with no head lights on, which makes it even worse. And I think the whole thing is absolutely ridiculous, nuts, crazy! And I invite everyone of you Commissioners to come up to our street some afternoon at 5:00 o'clock and try to make a left turn onto 27th Avenue, and I'll bet you, you won't be able to until about ten minutes after you get down there. So, I don't want the one way. If you're going to make it one way, enforce it or take the signs down. That's it. Vice Mayor Plummer: Thank you. It's done very much what it was proposed to do for me. I don't go in that area any more so you lost one patrol car. The next speaker is Nancy Rubin. Ms. Nancy Rubin: My name is Nancy Rubin, I live at 2345 S.W. 28th Street, and I would just like to remind the Commission that the purpose behind putting the one way or the barricades was to try to stop the through traffic on 28th Street and the one street behind. And the one ways have achieved this. There are ways to get out not using 27th Avenue or 22nd Avenue, through 23rd and 24th. Mr. Lambert: There's only one way in my street. Unidentified Speaker: Not if you live where I live, you can't. Ms. Rubin: There are more than one way in. You don't have to go in through 27th or 22nd Avenue. You can go in 23rd Avenue or 24th Avenue, because I do it every single day, as well as the majority of the people who live there. And, in my opinion, it's achieved its purpose, and it's kept the traffic to local traffic which is what we were trying to achieve, once everything was blocked off at Aviation and we had all of the through traffic. Thank you. Vice Mayor Plummer: Thank you. The final speaker that I have, if there's no others...air, did you register with the clerk? The last speaker I have is Sergio del Castillo. Mr. Odio: Siro. Ms. Hirai: Siro. Vice Mayor Plummer: Huh? Ms. Hirai: Siro. Commissioner Alonso: Siro del Castillo. Vice Mayor Plummer: C-1-s-t-i-1-1-o. Mr. Siro del Castillo: Castillo, Vice Mayor Plummer: All right, sir. - Mr. Castillo: OK, my name is Siro del Castillo, I live in 2450 S.W. "27th Lane. I come again in front of this Commissioners to ask to reverse the decision of the one way streets. I think that that has created more problems than that ones that were supposed to fix. I'm going to give my eRamplo, My tea. 140 roh 14, 1991 ry. 2 son that go in bus to the school. When the bus come down froth 27th Avenue, that bus filling up with children has to snake a left turn in 27th and Dixie Highway where you don't have a left turn signal. And this is a bus filled up with children, because that is the only way that that bus can go to my house. And that is the life of my son, and all those children that go inside there. That decision that was taken here before, the only thing that it has done is jeopardize the people that live in that community. Thank you. Vice Mayor Plummer: Thank you, sir. Now, I hope this is the last speaker, because there's no one else registered to speak, is Steven Bagenski, Mr. Steven Bagenski: Hi, my name is Steve Bagenski, I live at 2345 S.W. 27th Lane, and as far as I'm concerned, the one way has done the purpose. I feel that the traffic is decreased on 27th Lane, as well as 28th Street. I can walk my dog now. I have two dogs, I can walk them. There's not a lot of speeding traffic. I do feel that though if you're going to put a barricade on 28th Street, then I would want one on 27th Lane as well, because we don't want to move their problem onto our street. But, personally, I feel the one way has worked very well. You can get out, it's basically stopped most of the traffic, and I feel it's working out pretty well. Thanks. Mr. Vigil: For you. Vice Mayor Plummer: Jim, don't become hysterical. t i Mr. Armstrong: I'll try not to. _ I Vice Mayor Plummer: Just like everyone of these items that we've ever had before this Commission, split right down the middle. Mr. Vigil: Yes, but the point is, they can't infringe on my rights because they don't want traffic on their street. Vice Mayor Plummer: Sir, sir, I'm not inf ringing.on your rights, OK? This Commission is not. We have a responsibility to respond to citizens. You are one and we're listening to you. And, as you can see, there's contrasting views. Mr. Vigil.: Listen to the engineer and the police and the Fire Department, not to people that don't know anything about traffic. Vice Mayor Plummer: That's fine. Now, I'll close the public hearing at this time. I'll ask the department if they want, to make any conversation they want. The administration and then I'll open up for Commission discussion. �> Mr. Odio: I think we need to take a better... before we make this plan` permanent - and I have not talked to him - but ,I know the neighborhood very' well. Before we make it permanent, we need to take a very good look at it. And I'm not saying that we eliminate the ,whole thing, but we need to take another look. .Vice Mayor Plummer: Are you of the opinion then, at the time while you're ' taking; the look, everything will remain status quo? Mr. Odio: We have to. We'cannot be changing back and forth... Vice Mayor Plummer: All right, sir. n,:! Mr. Odio: ...so they have to be patient that we will try to do what's best for the whole community. {' Vice Mayor Plummer: Give me an idea of the time frame.'} Mr. Odio: How about April... D we have time to do a very thorough study by �; � ¢ t Mr. Odic- But in all honesty, it needs to be looked at. We could... more thoroughly, Vice Mayor Plummer: All right, I will vote for that - I can't speak for the other Commissioners - if you will assure me that you will step up the enforcement detail so that we really get a true picture. E Mr. Odio: I tell you, I went in the other day and I had a guy come in right Y at me. They are not respecting, in some cases, the one way signs, and it's dangerous. Vice Mayor Plummer: OK. Mr. Odiot I will ask the patrol... ` Vice Mayor Plummer: You've made your recommendation and that is to defer the ' item for further study until May the 9th. Is that correct? i I Mr. Odio: May 9th, we should bring something back or -we would say this is the E plan, and that's it. Vice Mayor Plummer: I'll now open it up for discussion among the Commission. Commissioner De Yurre: I'll move that... { Vice Mayor Plummer: Moved by Commissioner De Yurre. Is there a second? j Commissioner Dawkins: Second. Vice Mayor Plummer: Seconded by Commissioner Dawkins. Is there any further discussion? Mr. Odio:, No, I want to do this,. not by a motion, but what is the best solution. Vice Mayor Plummer: Sir, I've closed the public hearing. CommissionerAlonso: I just hope that the study, when it's completed, we get a good indication of what we should do. Because when you look at that map, it's really crazy. It doesn't make sense at all... �. Mr. Odio: I want... Commissioner Alonso: ..two -ways, one way, it's absurd. Vice'Ma or Plummer: Mr. del Castillo I have closed the y , public hearing. -M '. Commissioner Alonso: It doesn't make sense, so.... y Vice Mayor: Plummer: IIva closed the public :hearing,. I'll give you thirty ' ' seconds, sir. You want a question, come to the microphone. Come to the microphone. What is your question? j AR F � Mr. Castillo: The only thing that I was asking is you're going to postpone this for . a month... - <� Mr. Odio: Two.F wY Mr. Castillo:...at-least put a left turn in Dixie and 27th Avenue. Vice Mayor Plummer: Sir; the answer of the administration is, it will remain' status quo for an additional 60 days. x Mr. Castillo: All right, if my son died in those 30 days....s Mr. Olio: Siro.,: Mr. Castillo; ...I come overthere and... F;{cti Mr. 04ios . , ,there is other' Bays gut Af that caa►img out, �I�..►4ut �vt# I know than community as #994 as you. If there is rather ways r t : out. �v 14 iarh4�4 gNv ' �� f� t i ? FH3 . � i h'i nice Mayor Plummert Is there any further discussion among the members... Commissioner Alonsot Yea, I'd like to say... Vice Mayor Plummer: Commissioner Alonso. Commnissioner Alonso: ...he has said something very serious. He's talking about the safety of children. I'd like, from the professional, to tell me if we have that danger, I think we should really abide and give this relief that he's asking. I don't want to have a problem and then the City of Miami will be responsible for not listening to something as serious as this. What is your recommendation, as a professional? _ Mr. Prieto: Commissioner, we will incorporate his problem into the study, and so it will be addressed. Commissioner Alonso: What about in the meantime, it's... Mr. Prieto: In the interim? _ Mr. Odio: What's going to happen, Commissioner, then he has another problem and the other one has another problem, and the other one... Commissioner Alonso: No, I understand that, but... Mr. Odio: ...and if you do one exception... Commissioner Alonso: You are familiar with the problem. ` s' Mr. Prieto: I am. — ' Commissioner Alonso: Do you think that we can say, in a safe way, yes, we can wait for the study. The problem is not as serious... Mr. Prieto: I think... Commissioner Alonso: ...do you advise us to take additional steps or it's sufficient what we're doing today to just wait for the study? Mr. Prieto: Your action is sufficient. —� Mr. Odio: Let me tell you what the bus drive should do... Commissioner-Alonso: It's sufficient. Mr. Prieto: Yes. .: R �. Mr. Odio: The bus driver should go down 22nd Avenue, and then make a... there are other ways inthere. And I understand his problem, but you have to study it as a whole. The problem here will be trying to do it in piecemeals, and I think we should do it... Commissioner Alonso: I can see that. F Mr. Odio: ...a complete one, once and for all. : tiY Vice Mayor Plummer: OK. Is there any further discussion?' Mr. Vigil: Can I make one quick comment? a - 1 Vice Mayor Plummer: Sure, go ahead. Mr. Vigil: Thank you very much. You people, you've extended this thing now and you keep making decisions that you are not informed. You people are not t traffic engineers, and you've created,.. you've put... I live on 27th Way. i s4 ' It's the only entrance into that area. My son's life is in danger evorydayi. and you say... the lady says, can he guarantee it's OK? He can't guaraet+ee � anything, and if something happens to my son, he's not going to come and stake, r me feel OK. OK? You people need to let the traffic engineers. make z Fi traffic decisions, not screaming mimmies dedide that they want to be' ably to _ walk their dog or not walk their dog. {a } 5 rP f 143 i ... .r..c.u.:.—......u. :..:....,r..r...-.. — .err. �.r...—:...i....r----.�—.i...o��.�.........�......:..+....r..z...:�......rw.rsraa..a�v.m.ac 59. DISCUSS AND DEFER PROPOSED REMOVAL OF TRAFFIC SIGNAL AT INTERSECTION OF BAYSHORE DRIVE AND 17 AVENUE, F Vice Mayor Plummer: Dr. Prieto, someone made a suggestion - it's not related to this particular area - it's more towards my house, but it's nowhere near my house. Would you look into a suggestion that was made to me that possibly one of the ways to free up Bayshore Drive - and that's one of the problems they suffer from as well as my neighborhood is the fact of the removal of the traffic light completely from 17th Avenue and Bayshore Drive. Look into it. It might be a bad idea. Dr. Luis Prieto: We'll look into it. Vice Mayor Plummer: But I'm saying is, it keeps that flow of traffic going down Bayshore Drive and, to me, has some merit that there's... Commissioner Alonso: And what do you do with people coming down in 17th? Mr. Odio: But, you see, you see... Vice Mayor Plummer: The 17th Avenue would be just like the people at 22nd Avenue, the people at Crystal Court, the people at Aviation, right on down. Mr. Odio: Commissioner, those lights are computer controlled, and they're supposed to be con... Vice Mayor Plummer: I'm saying, look into it. I'm not saying - like this gentleman said, I'm not a traffic expert. Someone recommended to me that that possibly could alleviate some of the back up that occurs on Bayshore if people didn't have to stop there, they could continue on. Mr. Prieto: Right. Vice Mayor Plummer: So all I'm asking, please, just look at. it. Mr. Prieto: We sure will. Vice Mayor Plummer: If your answer is, it's crazy, it doesn't make sense, then, it's a dead issue. Mr. Prieto: Yes, sir. Vice Mayor Plummer: Thank you, ladies and gentlemen. We have one item left, and that is Commissioner Dawkins' discussing the Miami Heat, and I'm sure it's not 'about their 20 wins _ of the season. By the way, all. of you, let me just say, for you.... Mr. Manager, can we schedule this.at the same time =on -April - s4 I.'m sorry - May the 9th at 5:30 in the afternoon. OK? So you'll know to come back at that time. So be it. : 145 i r ' a i 60. ...r_.:.--a.wry.—.r—srw.r.....r—r.u. .rwrr:....+.i.—a:--.W—...—r...r.r— DISCUSSION REGARDING MIAMI ARENA ---w..s.—...—..w�—r+a.ri.:.......rr.� AND THE MIAMI HEAT - REQUEST ADMINISTRATION TO OBTAIN PROM THE MIAMI HEAT DATA CONCERNINd ITS MINORITY PARTICIPATION- .-_--__.��....�. ----------------- ----------- --------------------------- dice Mayor Plummer: Commissioner Dawkins, tell me about the Heat. e Commissioner Dawkins: Mr. Plummer... Vice Mayor Plummer: I can't hear you. 1 Commissioner Dawkins; OK. When the Arena was built, they said that the construction of the Arena was supposed to enhance the lifestyle of the - residents of Overtown. At that time, the City of Miami put up 86 percent of the fifty-three million dollars to build the Arena. We also donated the land. Decoma put up 7.1 percent, and we assumed all the risk. I want the Manager to provide me with a detailed list of benefits that the Overtown residents have received from the Arena being there. Now, also we have a contract with the Heat through the Miami Sports and Exhibition Authority where they were _ supposed to receive regular data relating to the Miami Heat's minority participation. I want the Manager to provide me with data about the Heat's minority participation program. Now, I've provided you with a copy of Article 11 of the minority participation and which says, secz1on 11-1, "...licensee represents and agrees to exert diligently good faith efforts to cause a percentage of its employment positions in executive, managerial, team operations, sale and promotion, and coaching staff to be as follows: 17 percent with 'black, 17 percent Hispanic, and 17 percent with female." Mr. Manager, tell me for the years 1988 and 189, and 1990, how many blacks, Latins, and women were in the following positions in the Arena. And that is in the organization ownership, top management, mid -management, et cetera. Also, I'd like for the director of the Sports Authority to tell me how many blacks and women in executive operation, executive -managerial, _ team operations, sales and promotion, coaching staff, scouting staff. How -many professional contracts with Latin, blacks, or. femaleA with accounting, legal service, money managers, finance, or even corporate counselors or consultants. Let me know what the black professional contracts, Latin contracts,.and.,female contracts dealingwith janitorial, security, clerical, office supplies,. training room equipment, travel agency, and even in photography. I'd like for you to bring that back. Now, what I'd like, through the Manager to the •� director, to tell me -Decoma also has a poor track record. I want you to do the same thing with them. But will somebody over there tell me that since the City of Miami put up 86_percent -of thef fifty-three million dollars, and'Decoma put up 7.1, how many dollars has the City of Miami received for our 83 million dollars? Mr..Odio: Well, I need to clarify, Commissioner. It is not the City of Miami. The City of Miami is not directly involved with the construction of the: Arena... h Commissioner Dawkins: Who does the Miami Sports Authority represent? Mr,;Odio: ,.:They represent themselves as an authority indirectly to... Commissioner Dawkins; All right, who gives them the authority? Mr. Odtoi, The: was created by the State of Florida when the tax was 1i y created and by you, Vice Mayor Plummer: Who backed up the guarantee wrap -around loan?, Mr. Odio: Than is done; and with... f X Commissioners Dawkins: Who did it? leA. Vida Mayor Plummer: Who -did it? Mr• .Odra: At the bogianLug the City, and then it was removed, 146 rt M / �""tsiti 77771�4d,. 'x... : Y. �¢ r Vice Mayor Plummert No, th, Mr. Odio: The senior loan sales tax. Mr. Bill Perry, Jr.t It's Vice Mayor Plummert But we Mr. Odiot And it's thirty - Vice Mayor Plummer: We j- removed? 2Y oas on the junior loan, not on the senior, backed by the revenues from the tax, convention ked by the convention development tax. d to sign on the wrap -around. e million. - to sign on the wrap -around. Has that been I senior note, it was backed by the convention sales tax. - Commissioner Dawkins: All right, all right, it doesn't matter. Who received any money... OK, what has anybody received for the 86 percent of the investment? Mr. Odio: OK. { i lCommissioner f Dawkins: Whether it was the Sports Authority, the State of Florida, or Overtown. 1 i Mr. Odio: What the City receives, the City... r Commissioner Dawkins: No, no, no... Mr. Odio: Three hundred thousand. Commissioner Dawkins: Huh? Mr. Odio: The. City is receiving $300,000 a year for the land sale. Now the Tp Sports Authority is receiving the six hundred and what.... Mr..Perry: Right, the Sports Authority gets revenue from events that are held there- at the Arena, -which has approximately to date has been. six hundred, almost sevenhundred.thousand dollars. Mr. Odio:_ Six forty-nine. Commissioner: Dawkins: OK. All right, what does Decoma get for its 7.1 percent? Mr:.Perry: They get approximately a. 10 to 12 percent return which comes out to about $25,000 per month that goes to Decoma. Commissioner Dawkins: Come up with $25,000 a month. Twelve times 25 thousand, gives me what? w Mr. Odio: It's two hundred and... three hundred thousand dollars approximately. �f0 Commissioner Dawkins: So for 7 percent investment...`` Mr. ferry: Seven point one million. k '' Commissioner Dawkins: ...against our 83 percent, they get two-thirds of what we get, r ;. Mr.` Odio: That is correct.Y�`� Commissioner Dawkins: That's a bad... see.., fr�' Mr. ferry: But also, you know, through... ' but they have... that's including the ma3,aa8eraant Mr. Odic; des lu thara, Mr, Perry might. 4U AkY �' t4 147 them Commissioner Dawkins: minority participation, OK, all right, well I am more concerned with their both of them. Vice Mayor Plummer: We11, excuse me... Mr. Perry: OK,'according to the... Commissioner Dawkins: Go ahead, Mr. Plummer. Vice Mayor Plummer: My question is, that's from Decoma. the subsidiary corporations that Decoma... Mr. Odio: See, the Arena is being managed by LMI... What about all of Mr. Perry: LMM. Vice Mayor Plummer: OK. Now, what does LMI make on an annual basis, as an ; average, per year? _ I Mr. Perry: LMI, first of all, the relationship - Leisure Management Miami, is a subsidiary of LMI, the parent company. 1 Vice Mayor Plummer: What does LMI make from the operation of the Arena? f Mr. Perry: ...do we have that information? } 1 Vice Mayor Plummer: That's a simple question, give me a rough number. i Mr. Robert Franklin: We get a percentage of the twenty-five... I can address that in general- terms. My name is Robert Franklin, I'm chief operating ! officer of Leisure Management Miami. Leisure Management Miami was a. part was, and is apart - of Decoma Venture _which was the ,original developer. We 1 also are the managing entity of the building. The arrangement betwe6,n LMI or 3 ! LMM and Decoma, we receive part, a share, of the partnership revenues which t+ f -`. again, are the $25,000 per month'management fee. And there is also something �1 called a variable operating payment which is an incentive payment based upon the net results of,the Arena every year. Vice Mayor Plummer: And what has that amounted to? Mr. Franklinv In the two and -a -half Years that the Arena has been open, the first year there was an operating deficit,_ then there was no variable ;.operating. year -there was,an operating sur lus rior to.variable The second , P _B P P ; operating, ;it .was about: a $300,000 VOP. Vice Mayor.'Plummer: _ What has LMI, the senior, made in the last 12 months? roughly. E ! Mr. Franklin: LMI is our parent in Houston, and I honestly don't know. what a }. "they have trade. -Z, e Vice Mayor Plummer: Well, you can -get that number, can't you? -of course., r k� �{ Mr.`Franklin:':I can. It's a private corporation. _I'm not sure that'I can.,. `4 �. Vice- Mayor: Plummer: . Don't we have the ,right to audit? 4f3 u � - 1 ; 111 j _ — Mr. Odio: We do have the audits of the Miami Arena operations. We do not have the right.to audit the parent company. �. Vice Mayor Plummer: We do not. Mr. 'Odio: No. r: jj Vice Mayor Plummer: OK. . Now, what has LNI � .,or excuse; me � Mr. Franklint An iu Miami. ' 11 z jj -'1457 IbY sFr2" a Vice Mayor Plummart .,.made from the Stevens operation? Mr. Franklin: LMM makes nothing directly from the Stevens operation. The Steven& operation... Vice Mayor Plummer: Who benefits from the Stevens? Mr. Franklint ...goes into the bottom line of the Area, which is what I was referring to before. Vice -Mayor Plummert Who benefits from the Stevens operation? Mr. Franklin: The two parties that benefit from the Stevens operation are Stevens themselves, as a corporation, and the Arena, and the bottom line of the Arena is divided between MISA?.... Vice Mayor Plummer: When you say the Arena, is that the Sports Authority? Mr. Franklin: Yes, and at the bottom line of the Arena is divided between the Sports Authority and the LMM. Vice Mayor Plummer: Who benefits from Stevens subcontracting out their souvenirs, their trinkets, whatever the hell you call those things? Mr. Franklin: There's another private firm called FMI sorry for all of the initials... Vice Mayor Plummer: Yes, we're... Mr. Franklin: ...Facility Merchandising, Inc. Vice Mayor Plummer: This is Campbell's vegetable soup. Mr. Franklin: Facility Merchandising, Inc. has a sub, as you described it, a sub -license with Harry M. Stevens with exclusive rights to sell merchandise They also share on a percentage basis with the Arena, the revenues derived from sale of merchandise, tee-shirts, et cetera, in the Arena. Go Into the... Vice Mayor Plummer: Do we have the right to audit them? Mr. Franklin: Yes, and that goes into the bottom line of the Arena which is shared with 114M and MISA? Vice Mayor Plummer: OK, then I'm going to ask Bill Perry, what did receive from FMI in,the last 12.months? Mr. -Perry: We haven't... I don't know the exact figure that we've gotten from FMI. The last... how much is it? Mr. Odio; It's $150,060. Commissioner Dawkins: Say what? is Mr. Odio:,,.,A hundred and fifty. That's on deferred payment... Mr, Perry; I would have to check the exact number., Commissioner'I)awkinst For FMI?., Mr.. Odioi. I'm reading it from their -audit. I have an -audit that they'"have*,t provide us. Mr. Ferry: Sea, we had tried to do that before and I know that you had some concern about that, but FMI is a privately owned company owned by MCA record,;. That inform4tionwe were told was not Available to us. Mr. 041o: Lot me... I Just... Vic* Mayor rlummerj Not not not lot me follow my train of thought, I On t r.ped your help, thank you,ri Mr, Qdioi You &eked, ;-L hundred and fifty. 149- 14 199;ai •, f' ^R.' Vice Mayor Plummert it's part of their gross. I mean, as far as their vided _ contract with the Arena. I'm sorry, probably with Decoma, since there are so many entities here we can't, you know, A, B, C, D, 'P,-F... Mr. Odios Oh, this is... , Vice Mayor Plummert OK? A $100,000 that they get from FMI for selling the _ trinkets is part of their gross, why aren't we getting a percentage of that r= $100,000? 'Why aren't you getting it, not us? Mr. ferry: Let me back up a little bit. We get, the City of Miami through the Sports Authority, through the land lease agreement, gets $300,000 flat fee. 1 Vice Mayor Plummers That's, nobody's questioning. Mr. Perryt In addition... No, in addition to that, with the numbers that I've seen... Vice Mayor Plummer: The only question there is, we paid six and you're paying s three. Mr. Perry: Right. In addition to that, we get revenue from events that are held at the Arena, the concerts specifically. Depending upon the particular event,. there's a twenty... we get a ticket surcharge on every event that's held there. Now, the specific number, I don't know that specific number. " Manny Marrero, the financial officer, may know that because he keeps the books' at the Arena. I don't know the specific dollar amount that the Sports 1 Authority gets. from that. I know that a lot of the information we have not b with accordin to the contracts that we've entered in with the een pro g Miami Heat as it relates to tickets sold... Vice Mayor Plummer: Have you asked for them? -i Mr. Perry: Yes, yes we have.asked for.them. Vice Mayor Plummer: And why haven't you received them? Mr. Perry: We have not received the information as it relates to specific I tickets sold, as it relates to suite revenues that we are bound to have but receive... Vice ;,Mayor. Does your legal advisor tell you,- you have the right to ask those questions and receive them?. } Mr. Perry: -Absolutely, and we have... CommissioneriDawkins: ;It's in the contract here, J. L. Vice Mayor :Plummer: And how long ago did you ask for them? Mr:.Perry:_ I;asked for.that information as it -relates tosuite revenues back in November of this year. Vice -Mayor Plummer: ;Of last year.: y"$ Mr. Perry: Of November last year, right. Vice Mayor Plummer:: And is there anybody here or is there anybody answer why, they .haven't given you ,that information? cif Mr.: Perry:, Nobody... two or three years ago? Well, just since I've been ~ there, when I found out that MISA, the Sports Authority... z Vice Mayor.Plummer: Who is responsible for giving you that information? t Mr. Perry; The Miami Heat, x Vice Mayor Plummer: And why haven't they done it? s Mr. Ferry: Nobody.., ,. 3Till Vice Mayor Plummer: Well then, what are you doing about it? Mr. Perry: Well, I'll tell you specific what I did about it. At the February meeting - at the Authority meeting, I requested that we terminate one of those agreements, which is the reimbursement agreement that deals with utilities and expenses. Once I found out November 1990 that the suite revenues had not been paid to the City of Miami to MISA, I recommended terminating that agreement based upon it going above a certain budgeted amount relative to utilities and insurance, because traditionally, and I based it upon traditionally insurance costs will rise, traditionally utilities will rise because of the situation in the Persian Gulf, as well as we had never been paid those revenues from day one. Vice Mayor Plummer: Doesn't it seem reasonable, Bill, to you that after five: months after a request, if they have not complied that they're not going to comply? Mr. Perry: Absolutely, but see, I don't have the authority to terminate that agreement myself. Vice Mayor Plummer: Mr. Chairman. Mr. Perry: When it was presented to the Authority, the Authority chose not to terminate the agreement, just to continue to negotiate. Now, also keep in mind, that we a=e within litigation with the Miami Heat now... Vice Mayor Plummer: OK... Mr. Perry: ...we, being LMM, the Sports Authority, and the Miami Heat as regarding excess selected expenses; rent fees, staffing fees, and what have you. Now, I cannot do that unilaterally, terminate the agreement.... Vice Mayor Plummer: It has to be your board. i< Mr. Perry: They have to give me the endorsement to do that. Vice Mayor Plummer: Yes, OK, but I'm saying, it's now been... is Mr. Perry: Right, and then that endorsement then comes to you, but I haven't t been able to get to that particular stage. That was my recommendation. i Vice Mayor Plummer: Wait a minute, why would it come to us? What do we... „. j !, j Mr. Perry: Well, once everything has to be ratified by you once the decision is made, because you approved the initial contract, the Miami Arena contract -x —E back in November of 187... back in 1987. l Commissioner Dawkins: I thought the Manager said we didn't have nothing to _do i with it. Mr. Odio: No, I said.in the tax... in the construction dollars, the City had r= E nothing to do with it. ( {Y ,. Mr. Perry: See, we bonded out the approximately 34, 35 million dollars for; the construction of the Arena through the Sports Authority based upon the i� backing of the convention development tax. j t y Commissioner Dawkins: OK, let's follow Commissioner Plummer's.... Vice Mayor Plummer: Well, the only thing I'd like to conclude by saying is, a that Mr. Manager, that if, in fact, it has to be brought before us, that t i» tomorrow you write them a letter, tell them they got 30 days in which to comply, and if they do not, they leave us no alternative, but to pursue l*gal matters. I mean.... i' — Commissioner Dawkins; Like what? 'What is a legal matter? MIX .. T Vice Mayor Plummer: The matter,is breach of contract. I mean, if I'm hearing correctly. Now, maybe I'm wrong, and if I am, please... Mr. Perrys Keep in mind, I want to clearly explain that the reimbursement agreement is just one agreement within the volumes of documents that were l signed that made up the Miami Arena contract, which they are in violation thereof. OK, however I must also say on the record, that once the suite fee revenue payment was sent in to me after I put them on notice for a second time, at the beginning of this year, that check was sent in to us. I did not accept it, and l still have not cashed it because I think that the justification for me not cashing it, they are still within breach of that p particular part of the contract, which you... ` Vice Mayor Plummer: Well Bill for them to send you a check without the y y , backup documents to know that that check is correct, is really crazy. , Mr. Perry: They did send the backup documents, but the backup documents did not coincide with our particular documents relative to the specific amount of money that we were owed for the suite revenues. Any my point is, the revenue rf that's owed to us in conjunction with the tickets that we get for the uses of the suite are not in comparison to the risk that we run in the long term when _. these particular budgeted items go above the budgeted amount for utilities and insurance, which eventually that will happen. And that reduce... — Vice Mayor Plummer: OK.... Commissioner Dawkins: OK, how much do they give us in the suites? And what do they deduct from the suites? Mr. Perry: For the City of Miami suites, we get approximately the revenue there is about four to six thousand dollars a year that was never paid. — Commissioner Dawkins: For our suites. Mr. Perry: For our suite, right. There's MISA and the City of Miami. Commissioner Dawkins: Forty-six _thousand and they never paid. Why they didn't pay it? I mean, what reason did they give for it? Mr.rPerry: It's my understanding they were never notified, it was something that went by. When,I found out that they had never paid, I put themon notice' in November of 1990. Now, I guess the down side ,of terminating, quote, unquote,, downside of terminating the particular agreement would be that the City of Miami and the City Commission and MISA would not receive the tickets to the suites, to the sky boxes. Commissioner Dawkins: Oh, how sweet! F Mr. Perry: -Right. Commissioner Dawkins: All right, I move now that I don't get any more. If' that's going to stop the City of Miami from getting g g p y g g $46,000 because they provide a... Vice Mayor Plummer: Four to six. Mr..Perrys. Noi four to six thousand dollars a year. Commissioner Dawkins; Forty-six thousand. ,1 .. Mrs Perarys Four to six thousand a year. 7� x Vice>Mayor Plummer: Four to six. Commissioner Dawkins: Four to six, and they're giving me a ticket to the game $ to Xoop from paying the City $4,000? All right... Y Mr. Perry: Right, we get about... Commissioner Dawkins: All right, Mr. City Attorney, Mr, Foraandogi Tea, air. t tam - NorW 14, rf3 + �, N i Y •AI �f l]F t '��'9�"+��S��.I'k'I�'Sz .`.�0'x 'r�YSh'P?a'ie YS " .tt l �q i ,'k Ri� /��i••='li 'AW zIL { [ Mr. Perry: I think that in addition to that, we also need to look at, you ; know, the.., since, t think, 1989 we have not gotten a real picture on the amount of tickets sold, and I think that's... Commissioner Dawkins: Why? Why not? Mr. Perryt They haven't provided that information. Commissioner De Yurre: Well, tickets sold or actual attendance? Tickets sold, it's 15,008 because that's what they advertise all the time. Mr. Perryt I don't know why. We haven't gotten any... Commissioner Dawkinat No, no that's an average, no, no, no. Mr. Perry: We have to estimate what the number is. contract, we are supposed to be provided that information. According to the Commissioner De Yurre: Hold it, hold it, hold it, Bill, hold it. R Commissioner Dawkins: With the computers, all they got to do is run it in the �_ computer, Mr. Perry. Commissioner De Yurre: They advertise that they sell out every game. There's r 15,008 seats at the Arena. That means 15,008 tickets are sold. That's it, that's your number right there. Mr. Perry: That's the gross. Commissioner De Yurre: Now how many people attend the game of those 15,008 is a different story. Commissioner. Dawkins: But if they sold the tickets, they got the money, Commissioner De Yurre. Commissioner De Yurre: Sure.; x� Commissioner Dawkins: So I couldn't care how many... I mean, it's immaterial rt to, me' how manyattended. If they sold out, and I'm. supposed to get a percentage of the amount of money, then:I get,a percentage of the total 15,000 sell .out. I don't get a percentage of, they sold fifteen and only twelve housand`showed up. That's not our problem. ; Mr.. Adio:`,,; But; as I understand',the..:: If . -I understand -the:- Arena contract with'the Heat,` right, we do not 'get a percentage of the gate. Commissioner Dawkins: What do you get? Mr. Odiot1. We- get a'; flat amount.. - � ..`d, iNAUDIBLB.COMMENTS."NOT ENTERED INTO THE PUBLIC RECORD. t=; Mr"Odio: that's right. The only variance is the seat use. . - ... . � Commissioner Dawkins:' Say what now? `Commissioner De Yurre: The surcharge.fs` .� r1, dio:,'.The surcharge is the only one that is according to how mane g 8 y seats''!� they' -fold: � Comp is8 oDer: Dawkins: OK;,-.; WA � x Ifr0div: Butt the rant in a flat, rent. tj i T CQl�apner xDawkius OTC, `but all right, wall I don't cane where it is, I'1a � .. L v,�' eat' ge ti 8 1my, fair' sharp, Nqw, if you say I'm supposed to receive s sµrtaa orgour.o,a Vm supposed to got 15,000. 1l3' xe `a�tppQse0.i to" get . I5 cuts per east sold. 5. t old fout1 1 •.. BC� j(5 T k �. ti qc r yy �R rah o- , Mr. Odiot We get seventy-five cents times $15,000. r. �a Cotromissioner Dawkins: but I'm hearing that when they don't sell out... �r mean, when people, no shows, then they don't count..., Mr. Odios The way I see... Commissioner bawkinst No, no, no, but I'm not... WT_ Mr. bdio: The way I see, yes, it has to be according to the seats gold. Commissioner Dawkins: No, no, I don't want to know the way you see it, I need to know what he collected. Vice Mayor Plummert You see, what I see as the bottom problem is, nobody knows because they haven't given us any auditing numbers. Commissioner Dawkins: But what Commission is... s Commissioner De Yurre: That is why... _A Vice Mayor Plummer: So how can you... >a Commissioner De; Yurre: J.L., that's why we're.... Vice Mayor Plummer: You don't know whether... Commissioner De Yurre: That's why we're in court right now. There's a lot of issues.,. Mr. Perry:_ See, they can say in the news... Yes, it's in court. It's a part ' of the litigation as it relates to the rent.... Vic eMayor-Plummer: Don't the contract call for auditing within 30 ,days, or -- every: six months, or every year? What does the auditing call,, for -thatthey shall-providethe Sports.Authority?` Z Mr: Perry: They shall provide information as requested upon us. If we have requested the information, but it has not been provided. Vice,Mayor.Plummers. OK, then I would .like to'know why they have not provided. it's;Aust::that `:simple. I don't know >how you can. sit, down and say that>,we <got - short, -,changed,,: - we, got overpaid, if we don't have an audit to:.: know. - Ws have .never... ' Vice,.Mayor: Plummer: ' Obviously, you don't have the audit, so we don't know. Howdo=you-;kaowwhether You're shortchanged untilyoucome with an audit?. -. Mr P$rr s., See, 'as_it relates= toAhe tickets sold, they. can put anything.that y they ,want,= 3n ";the newspaper regarding .tickets sold, but that is not what : the ,.actual,�amount is in terms of the real number in regards to the tickets sold. e " tell, lidtothealosDawkins:, you meato euanblic?l Sa7;that what you! re saying? O0000h, tha_ nk ;you, gracious, goodness. s ►ice, Mayor*Plummer: All right, where are we on this item? The managetpent,,.. Fx;� 1r., Perry: I ,think `that . it wa also, as a part of the `minority participation x , f p: g p s j aye ec hat." ot<mm .sa oner. Dawklas. brought up, that's art of the reimbursomeat P. a�re>neAt,.'and at.the last, as a matter of fact at the last Authorlty meeting, 3t men:' lit c is""ae ` -.about ,. putting thetti on notice regarding the information that ou mentlQned earlier, Commissioner Dawkins. We will put them' on notice. ;r e$e l�►,,thA ' 4iAor 1. y participation, But howev�ar, if we terminate - � �aAAot dQ that, ;the agraes:e�st. {k t�4'Aorsl►er4� tt►eAe }� Y7 pis wr PiW)giRx1 - soy what now? _ ' F o0, 1 f Marc 4 �171t y„ i 01 4� rt Mr. Perry: t'm saying, we have at our option, according to the contract, to put them on notice regarding minority participation at any time that we, the Sports Authority or the City of Miami, anytime that we decide to put them on notice reference their minority participation requirements, symbols, numbers and everything as it relates to their minority participation. And they... Commissioner Dawkins: Yes, but that we can't what now? Mr. Perry: But if we terminate the reimbursement agreement, then that minority, that portion of that is included within that agreement. Commissioner Dawkins: OK, tell you what I want. I want a complete report of their minority participation. I want you to give it to me in a form where I can print it. I'm going to circulate it to every church in overtown, and I'm going to put it out in Spanish, and put it in the churches in Little Havana, because I want the people to know that those individuals who are benefiting from the tax dollar are not putting anything else back into the community, as per this agreement. I'm not asking them... they signed this, Mr. Perry. Mr. Perry: Right. Commissioner Dawkins: I did not hold a gun on anybody to say that they were going to do this. The Miami Heat does not have one black or Latin coach. They don't have one black or Latin scout, OK? And all these years, OK? They should have some. Vice Mayor Plummer: The bottom .line is, the Heat is going to get hot. Commissioner Dawkins: I want everybody to know, I am not threatening the -- . •.._ -... ---- vl 1 1 _- T�...Ltww i w 4--4- f +- "It" +he t F,� Vice Mayor Plumnert Below fifty. ;> . Mr. Franklin: Well, there are a total of 30 employees, and so the other 27 fall somewhere, anywhere between fifteen and fifty. Commissioner Dawkinst And of those other, how many of those are black and Latins? 15 Mr. Franklint Of the other - again, there are 27 - so there are eight of the P- remaining 27, there are eight whites, eight blacks, and eleven Hispanics. At i. Commissioner Dawkins: Eleven Hispanics... Mr. Franklin: Of the remaining 27. Commissioner Dawkins: OK, go ahead. Go ahead. Mr. Franklin.- Well, that's... the summary is 30 percent white, 30 percent black, and 40 percent Hispanic. Fifty-three percent female, 47 percent male. That's Leisure Management. Commissioner Dawkins: OK, of your professional services, how many Latin, black or female accountants do you use? Mr. Franklin: We have... you're asking specifically about accountants? Commissioner Dawkins: Beg pardon? Mr. Franklin: You're asking specifically about the accounting? _ Commissioner Dawkins: Yes, yes. Mr. Franklin: The accounting is with Arthur Andersen. Commissioner Dawkins: Yes. Mr. Franklin: All of our contracts, be it security, patron services, we hold r them to the same standards of at least 17, 17, 17. We just hired a new security, firm which is 50 percent female owned. Patron services firm is 33 percent black ownership. _ <, CommissionerDawkins: - Which one? k Mr; Franklin: Our patron services is... _ Commissioner Dawkins: What'is patron services? Mr. Franklin: Ushers and ticket takers and the like. Our cleaning contract 7 isdwith,.a=firm .which has a local minority sub -contractor which receives about '. 40,-percent of .their billings. t Commissioner:.Dawkins..:-Whq ,would that firm have to have a local joint venture inetsad=of it being a local firm? I don't know, I'm just asking. Mr...Franklins w contract.,. X, y C.omgtl,a 4ioner`-. Dawkins: -Is that another subsidiary of Decoma? `< rAakl.ina The cleaning. contract is Harry M.: Stevens Maintenance which is another":`partner . oftlo De coma. Yes, sir. u r�ner . 4wkinaa A11 right, and then to satisfy Miller Dawkins,,. Harxq �►ean `8o get a" local minority` firm out of.... ! 'z ,, ; tr: xartklins .To ; eetiefy our obligations to MISA. ; 14 �r�i1 1A �inA Dawk ns i To me. z4 , nnkUn: To MIM 3 r SOX T��� `:��� #r������" '�IIfT, STY-f�i. 4_1Y L l �4EsAY } yy't // 777, r; Vice Mayor 1'lummers hose that mean you're getting that service from Harry Stevens who is a part of Decoma? Commissionar Dawkins: Yes. 'Vice.Mayor Plummer: That's called incest. I'm asking the question. You're buying that service from a local company who is a part of Harry Stevens. Mr. Franklin: Yes, air. _- Ri Commissioner Dawkins: No. They're buying it from Harry Stevens and using a local firm as a subcontractor. Mr. Franklin: Yes, that's right. Vice Mayor Plummer% Harry Stevens now has the firm... Mr. Franklin: That contract, because it is with an affiliate, per the Miami Arena contract, is specifically subject to MISA's approval. a. Vice Mayor Plummer: Let me ask you this question. We now know that Harry r Stevens has a piece of FMI. ' Mr. Franklin: No, they have a contract with FMI. ' Vice Mayor Plummer: Well then they got a piece of them. Mr. Franklin: All right, but not a corporate ownership. Vice Mayor Plummer: They're getting a hundred thousand dollars guaranteed a year, they're getting a piece of them. OK? They now have patron services, is it? Mr. Franklin: No, maintenance cleaning. Vice Mayor Plummer: Maintenance cleaning. What other contracts do you know is E.: that -Harry 'Stevens has directly relating or indirectly to the Miami Arena? and l., F Mr. Franklin: Their two main areas of endeavor are food services cleaning. They have those two contracts with Miami Arena. _ f Vice Mayor Plummer: Well, they got the souvenirs and trinkets. ,a w t - Mr. Franklin: That's a subcontract of catering: Vice Mayor Plummer:_ I said directly or indirectly. How many others do you know of?. Mr. Franklin: The two main :ones are those two I just mentioned. The only other one that know of is that they've sublicensed part of"their trinkets' as you say, Facility Merchandising. ;.Their original concessions agreement, 'as. '',- is typical in the industry, included both food, beverage, and' souvenirs. They r eiectea...` 4 Commisnioner Dawkins: And Commissioner Plummer, you -need to... Mir. Franklin. ..to sublicense that to FMI..fi`:° Cornmissionsr Dawkins: ...see, you need to hear this because you were the only one here.- >Whea'we were raising sand... 43 Vice Mayor 'Plummer: Excuse me, I was the only one that voted against the C4Arac t, " Commia$ioaar Dawkins: That's right. But,yQu were here when they said to ms tho gap of the, things that 'would be available to minorities" would be1. the a' r: oo�QsspiAnd after they 'got the contract, they .carve In with Harry; OK �`-;►�#or P►Qrs Hn' a ge'tt tag all of this banesl on the felt that a }pp}�}/.�� . jj +, a/�}}��+, fie. #� 7erw �i.i��Qn `-Al.Y���ir�1 r k Q �T�1 4 - Fes,_45 k