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HomeMy WebLinkAboutCC 1991-10-03 Minutes4 F ?d��n i,� - ax'}''ot Y '-�`, �- } ..i s a'S �•a+'--'f e-�"'e�� 1y INDEX MAIM OF REGULAR MEETING OCTOBER 31 1091 tkrl . } ITEM S�l9JEC"f LEGISLATION PAGE No& _NOS i. PRESENTATIONS,`- PROCLAMATIONS '` AND DISCUSSION 2 SPECIAL ITEMS. (A) PROCLAMATION: 10/3/91 RESPIRATORY CARE WEEK. (B) PROCLAMATION: OVERTOWN INDEPENDENT REVIEW PANEL DAY. (C).'COMMENDATIONS CERTIFICATES OF APPRECIATION: MEMBERS OF THE OVERTOWN INDEPENDENT REVIEW PANEL. (D) .PRESENTATION: NATALIA CURRA20 ",103 YEARS OLD. 2. DISCUSSION CONCERNING RECENT UNREST IN DISCUSSION 2-�3 LITTLE HAITI AREA, AND THE PERSONAL 10/3/91 ATTACKS ON POLICE OFFICERS COMMEND POLICE ACTIONS. 3. GRANT REQUEST BY THE CLASSROOM R 91-699 4-5 TEACHERS' ASSOCIATION FOR RIGHT-OF—WAY 10/3/91 THROUGH DESIGNATED STREETS "IN CONNECTION WITH THEIR RALLY° -TO SEND A MESSAGE TO TALLAHASSEE EXPRESSING T41S CITY',S CONCERN REGARDING THE ANTICIPATED IMPACT OF, PROPOSED STATE BUDGET CUTS IN EDUCATION —WAIVE FEES. 4. (A) SET.,SALARY-FOR -NEWLY-APPOINTED CITY M`91-700 5 20 - r ATTORNEY AT $96,000 R 91401 (BYAPPOINT 'A. QUINN JONES:' III, AS 10/3191 . CITY ATTORNEY.pa 3 a r r J I i f C 'f k .J r xi r xm,t". • N y Wy�S xL4`" w F U t. . t CONSENT AMA `GENERAL DISCUSSION DISCUSSION R1-37 PRIOR TO ADOPTION 1013/91 r `(A) COMMISSION EXPRESSES CONCERN THAT i M St CITY BIDS ARE AWARDED TO NON- ; a MINORITY VENDORS MAYOR SUARE� REQUESTS STS ADMINISTRATION TO FINAL12E•'THE DISPARITY STUDY `FOR FIRST MEETING `IN NOVEMBER. "(B) DISCUSSION CONCERNING AWARD OF CITY BIDS FOR VEHICLE TIRES (See label (C)` CONSENT AGENDA. ,:. 6.1 ACCEPT BID: JR ALVAREZ LAND CLEARING - R 91-702 3$ FOR FURNISHING GROUNDS MAINTENANCE 10/3/91 SERVICES AT FIRE TRAINING CENTER (Department of General Services Administration & Solid Waste/Property Maintenance Division).` 5.2 ACCEPT BID: "ORLANDO FIRE EQUIPMENT - R 91-703 36 FOR FURNISHING 440 BACK SUPPORT / 10/3/91 SAFETY . BELTS. (bepartment of General Services Administration & Solid Waste). 5.3 ACCEPT 'BID: ALTEC INDUSTRIES, INC. - R 91-704 39 ;. FOR FURNISHING ONE AERIAL BUCKET TRUCK 10/3/91 (General Services Administration & Solid Waste'Department). 5.4- ACCEPT BID:DIGITAL EQUIPMENT R 91-705 39 CORPORATION - FOR FURNISHING BASIC 10/3/91 = SYSTEM'' SUPPORT SERVICES FOR CITY'S GEOGRAPHIC INFORMATION SYSTEM (Police Department). 5,.5 ACCEPT; BID: HOME COMPUTER AND OFFICE, R 91-706 40 ". PRODUCTS­''(d/b/a CASCADE DEVELOPMENT 10/3191 C0) " -' FOR FURNISHING TWO IBM COMPATIBLE COMPUTER SYSTEMS (Police y Department). 4 5.6 ACCEPT BID: MARDEL PHOTO SUPPLY -.FOR R 91-707 40 FURNISHING 'PHOTOGRAPHIC SUPPLIES 10/3/91 (Police De`partment). ,n a r q s at"a� e + .a Shy AMEND AGREEMENT WITH SHARPTON, BRUNSON AND COMPANYi P.A. (Certified Public Au�1t�1tS W INCREASE COMPENSATION FOR SERVICES RENDERED RELATED TO REQUESTED ADDITIONAL ANALYSES OF IRE FINANCIAL CAPABILITIES OF THE SELECTED = DEVELOPERS (BAYSIDE SEAFOOD RESTAURANT, INC. AND 1HE VIRGINIA KEY MARINA, INC.) CONCERNING' THE VIRGINIA KEY BASIN PROPERTY6 568 EXECUTE AND FILE DECLARATIONS OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES. 5.9 ENDORSE AND SUPPORT CIVIC EFFORTS OF CYSTIC' FIBROSIS FOUNDATION TO CONDUCT: - BIKE -THE -BAYS A COUNTYWIDE BICYCLE TOUR TO:,RAISE'FUNDS FOR CYSTIC FIBROSIS. 510 GRANT REQUEST BY MIAMI RUNNERS CLUB, INC., FOR USE OF DESIGNATED STREETS IN COCONUT GROVE DURING THE ORANGE BOWL 10K'RACE. 5.11 GRANT REQUEST BY MIAMI BOOK FAIR INTERNATIONAL, INC., FOR CLOSURE OF DESIGNATED: STREETS CONCERNING :THE 1991 MIAMI i.`BOOK FAIR INTERNATIONAL 'STREET FESTIVAL - ESTABLISH TEMPORARY PEDESTRIAN MALL - AND'AREA PROHIBITED TO RETAIL PEDDLERS. 5.12 GRANT REQUEST' BY AIAMI RUNNERS' CLUB, INC;,.FOR USE OF DESIGNATED STREETS IN COCONUT.. GROVE DURING THE BABY BOOMER 10KAND 5K ROAD RACE. 6. ACCEPT FEDERAL LABOR-MANAGEMiNT COOPERATION PROGRAM GRANT - AUTHORIZE MANAGER TO ENTER INTO' AGREEMENT;WITH THE FEDERAL MEDIATION `AND CONCILIATION SERVICE CONCERNING `THE PROVISION. OF LABOR-MANAGEMENT COMMITTEE ,. SUPPORT SERVICES -BY THE CITY OF MIAMI .' . R 91-709 41 10/3191 41 �: R 91 709 41 10/3/91 R 91-710 42 10/3/91 R 91-711 42 10/3/91 R 91-712 43 10/3/91 R 91-713 43 10/3191 R 91-714 44-47 10/3/91 F{^y� � e' YXdy. ���� j72 t � N 4 y 7� DISCUSS AND 'tEMPORA-AILY TABLE DISCUSSION 47�Si CONSIDERATION OF PROPOSED RESOLUTION 10/3/91 AUTHORIZING CITY ATTORNEY TO ENGAGES -4 (a. HOLLAND AND KNIGHTS AND (b) GALLAGHER AND KU ICII, DRAPER, MCGRANE TO'_ PROVIDE BOND COUNSEL SERVICES FOR REFINANCING OFF-STREET PARKING DEPARTMENT'S SUBORDINATED DEBT ($5,065,000) (See 1Abel 16). $. DISCUSSION CONCERNING CITY MANAGER'S DISCUSSION 61-58 BIANNUAL REPORT IN CONNECTION WITH 10/3/91 IMPLEMENTATION OF RECOMMENDATIONS OF THE OVERTOWN INDEPENDENT REVIEW PANEL. 9 BRIEF DISCUSSION ITEMS CONCERNING: DISCUSSION 59-73 (A) EARMARK NEXT AVAILABLE SURPLUS 10/3/91 MOTORCYCLES FOR HAITI. (8) NUMBER OF OFFICERS ASSIGNED TO MOTORCYCLE DUTY. (C) COMMEND ASSISTANT CHIEF ARNOLD GIBBS REGARDING RECENT UNREST IN LITTLE HAITI AREA. (0)PERSONAL APPEARANCE: FRED ST. AMAND, OF THE LITTLE HAITI CRIME PREVENTION 'COUNCIL,` REQUESTING UPDATE ON CITY INVESTIGATION ON DRUG CONTROL 10. (A) EMERGENCY' ORDINANCE: AMEND 10451, ORDINANCE 74-85 WHICH ESTABLISHED RESOURCES AND 10923 APPROPRIATIONS` FOR: MIAMIPOLICE'CRACK 10/3/91 COCAINE`, FUND - INCREASE AMOUNT ` BY $900 325 AS A RESULT OF PROJECT INCOME AND INTEREST. (B) MAYOR SUAREZ REQUESTS EXPANSION OF RANGERS PROGRAM TO INCLUDE` OVERTOWN' PARK WEST AREAS. (C) BRIEF COMMENTS BY VICE MAYOR PLUMMER CONCERNING THE EXCESSIVE PERCENTAGE OF, CITY PROPERTY WHICH, IS TAX EXEMPTO, 11. SECOND READING ORDINANCE: :'ESTABLISH ORDINANCE 85-86 NEW -SPECIAL REVENUE FUND: - EMS FIRST 10924- AID7 RESOURCE` TRAINING (FY. '92) - 1013/91 APPROPRIATE $259453, A'.STATE OF FLORIDA DEPARTMENT OF_ "HEALTH AND REHABILITATIVE SERVICES`(HRS) GRANT, AND A`LIKE'AMOUNT FROM VARIOUS CITY SOURCES. gS tWthR`tlr+FY%tl+ ,aR _' x Rig ; t5 is i Si.42 'S ,*cc7�w� `, . a 12. SECOND READING ORDINANCts AMEND ORDINANCE 8647 10902 INCREASE APPROPRIATIONS TO 10925 SPECIAL REVENUE FUND. HANDICAPPED 10/3/91 DIVISION FUNDRAISING PROGRAM (BY $500000), COMPOSED OF MONIES GENERATED THROUGH FUND-RAISINO EFFORTS OF CITY'S HANDICAPPED DIVISION AND PRIVATE DONATIONS. 13. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 87-88 SECTION 53-118 (RENTAL RATES AND 10926 ASSOCIATED CHARGES AND CONDITIONS AT 10/3/91 MIAMI MARINE STADIUM)` - CHANGE CLASSIFICATION OF EVENTS AS TO USE CHARGES - INCREASE CHARGES — INCLUDE COSTS OF POLICE PERSONNEL AS AN EVENT COST PAYABLE BY EVENT SPONSORS INCREASE USER FEE FOR STADIUM PARKING LOT - INCREASE PERCENTAGE OF EXTRA COMPLIMENTARY ADMISSION TICKETS WHICH MAY BE ISSUED BY EVENT SPONSORS. 14. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 88-98 SECTION 2-13 (ORDER OF BUSINESS AND 10927 RULES OF PROCEDURE) - PROVIDE FOR 10/3/91 CERTAIN RESTRICTIONS OF L INDIVIDUALS ADDRESSING THE CITY COMMISSION ON NON- SCHEDULED ITEMS, EXCEPT UNDER DESIGNATED INSTANCES - ESTABLISH TIME LIMITATIONS FOR PUBLIC SPEAKERS - ESTABLISH THAT PUBLIC HEARINGS, PERSONAL APPEARANCES AND PUBLIC DISCUSSIONS WILL BE HEARD AFTER''4f00 P.M: 15. (A)`SECOND READING ORDINANCE: AMEND ORDINANCE 98-112 CODE ARTICLE> III OF CHAPTER �'38 10928 (BAYFRONT PARK MANAGEMENT TRUST) - R 91--715 ESTABLISH DEDICATED REVENUEi SOURCE :F'OR 10/3/91 THE MILDRED AND CLAUDE PEPPER FOUNTAIN IN BAYFRONT PARK'- MANAGEMENT TRUST TO ESTABLISH USE CHARGES FOR TENTS, TICKET BOOTHS, FENCING, TABLES AND CHAIRS OWNED BY THE MANAGEMENT TRUST, WHEN USED IN BAYFRONT PARK. (8) LOAN $54,443 TO BAYFRONT PARK MANAGEMENT. TRUST FOR. OPERATION OF THE MILDRED AND CLAUDE PEPPER FOUNTAIN. 4 Y4 1 1tL 166 DISCUSS AND DEFER CONSIDERATION CE M 91-716 119-124 PROPOSED FIRST REAOING ORDINANCE 10/3/91 -: GRANTING A GAS FRANCHISE 10 PEOPLES GAS SYSTEM, `INC., PENDING'FURiHER REVIEW OF THE ISSUE BY CITY ATTORNEY. 17. FIRS` READING ORDINANCE. AMEND 10794 first reading 124-141 (ANNUAL APPROPRIATIONS ORDINANCE FOR FY Ordinance ENDING SEPTEMBER 309 1991) FOR PURPOSE 10I3/91 OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS. 18. (Continued Discussion) AUTHORIZE CITY R 91-717 141-143 ATTORNEY TO ENGAGE: (a) HOLLAND AND 10/3/91 KNIGHT, AND (b) KUBICKI, DRAPER, GALLAGHER AND McGRANE - TO PROVIDE BOND COUNSEL SERVICES FOR REFINANCING OFF- STREET PARKING DEPARTMENTS'S SUBORDINATED DEBT ($69065,000) (See label 7). 19. APPROVE CHIEF PROCUREMENT OFFICER'S R 91-718 143-144 DECISION TO REJECT PROTEST FROM FIRST 10/3/91 CAPITAL GROUP, INC., REALTY, CONCERNING r CITY'S REQUEST FOR PROPOSALS (RFP) FOR .,. MANAGEMENT, OPERATION AND MAINTENANCE OF ° PAUL '`WALKER PARK FOOD AND BEVERAGE CONCESSION, AT 45 W FLAGLER STREET. ,a 20. DISCUSS AND DEFER CONSIDERATION OF M 91-719 144-153 PROPOSED RESOLUTION EXECUTING 16/3/91 MANAGEMENT AGREEMENT WITH THE LATIN AMERICAN GOURMET RESTAURANT, INC., IN RESPONSE TO RFP FOR MANAGEMENT, OPERATION AND MAINTENANCE OF PAUL WALKER PARK FOOD AND BEVERAGE CONCESSION,(46 W. FLAGLER STREET). (See label 38.) yy. i' „ r ' E1b APPROVE CHIEF PROCUREMENT OFFICER'S R 91-720 194-174 JA) EJECTION IiF PROTEST FROM ' URBAN R 91-721 CONSTRUCTORS, INC., IN CONNECTION WITH 10/3/91 SECOND INFORMAL BIDDING FOR THE CURTIS ' PARK REDEVELOPMENT FIELDWORK PROJECT. (Immediately awarded thereafter to '{ Urban Constructors by ResatutiOn 91- �. 791 - (B) ACCEPT BID OF URBAN CONSTRUCTORS, -; INC. FORCURTIS PARK REDEVELOPMENT =' FIELDWORK PROJECT BW2993WH, BASING THE AWARD ON PREFERENCE GIVEN TO VENDORS { WHOSE PRIMARY OFFICE IS LOCATED IN THE CITY - AUTHORIZE MANAGER TO EXECUTE ' `s CONTRACT. f 22. CLASSIFY SIX SURPLUS POLICE VEHICLES AS R 91-722 175-175 CATEGORY "A" SURPLUS STOCK, WHEN 10/3/91 AVAILABLE, FOR INTENDED DONATION TO - CITY OF SWEETWATER TO ASSIST IN THEIR FIGHT AGAINST CRIME. 23. GRANT REQUEST BY PROMOTERS OF THE 1991 R 91423 176-177 MOTORCYCLE GRAND PRIX RACE FOR FEE 10/3/91 WAIVER OF CITY` PERMITS CONCERNING THE EVENT. 24. ESTABLISH COMMITTEE COMPOSED OF ONE R 91-724 177-180 I COMMISSION MEMBER PLUS CITY> ATTORNEY, 10/3/91 J OR HIS' DESIGNEE, TO ASSIST CITY CLERK IN CANVASSING ELECTION RESULTS ON NIGHTS OF ELECTIONS SCHEDULED: FOR NOVEMBER`5 AND 12, 1991 (Note: Mayor i Suarez was elected as Commission member) 25. APPROVE PARTICIPATION BY THE CITY OF R 91-725 180-182 :. MIAMI`IN THE FLORIDA LEAGUE OF CITIES 10/3/91' FIRST 'MUNICIPAL LOAN COUNCIL'S CAPLTAL FINANCING ASSISTANCE `PROGRAM. 26. ACCEPT BIDS: (a)'BALADO NATIONAL TIRES, R 91-726 182-187 (b) JEDAN TIRE COMPANY, (c) MARTINO 10/3/91 ?: TIRE COMPANY, (d) MIAMI TIRESOLES, INC., (e) PALMETTO KAWASAKI, (f) GOODYEAR TIRE, (g) LYNN STRICKLAND, AND `(h):. SOUTHWEST .CYCLE` CO. - FOR FURNISHING VEHICLE TIRES.AND TUBES, (See i 0 Yf.fNX � ( h .E f 271 (A ACCEPT BID: MAROONE CHEVROLET, R 91-727 Ito192 IN . FOR FURNISHING 100 POLICE 10/3/91 PURSUIT AND PATROL VEHICLES. (B) BRIEF DISCUSSION CONCERNING ACTUAL- NUMBER OF CONTRACTS BEING AWARDED TO MINORITIBSi 28. RATIFY MANAGER'S ACTION IN EXTENDING R 91Q-726 193-197 ti BID 'NO* 88-89-159' WITH INTERAMERICAN 10/3/91 OAR RENTAL, IN06 FOR PROVISION OF RENTAL VEHICLES. 29. DISCUSS 'AND TEMPORARILY TABLE DISCUSSION 197-198 APPOINTMENT OF INDIVIDUALS TO SERVE AS 10/3/91 MEMBERS OF THE OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (See, label 31) i 30. APPOINT' INDIVIDUALS TO SERVE AS MEMBERS R 91-729 198-200 OF 4 THE AFFIRMATIVE 'ACTION ADVISORY 10/3/91 BOARD (Appointed was: Joseph Anthony Rios - two appointments are still pending. - 31. (Continued Discussion) APPOINT R 91-730 200-201 INDIVIDUALS TO SERVE AS MEMBERS OF THE 10/3/91 OFFICE OF, PROFESSIONAL COMPLIANCE ADVISORY PANEL (Appointed was: Dr. Rudolph Moise one appointment is still pending) (See label 29). 32. REAPPOINT AN. INDIVIDUAL AS MEMBER OF M 91-731 201-202 THE ' HEALTH: FACILITIES AUTHORITY 10/3/91 (Riappoi nted was Bruno Barreiro, Jr. ` one appointment is still pending) (See s label 36)• 33. APPOINT / CONFIRM INDIVIDUALS TO SERVE R 91-732 202-204,-. _ AS MEMBERS OF THE- NUISANCE ABATEMENT 10/3/91 BOARD '(Appointed was:` Bob Val led confirmed were: `Robert Gri11, Adrian Ferradaz, Ki'shor Parekh and Earl Wiggins): 34. APPOINT / REAPPOINT INDIVIDUALS TO R 91-733 204-209 SERVE ON THE WATERFRONT ADVISORY BOARD 10/3/91 - (Reappointed were: Capt. Bob Lewis [from alternate to regular] and James Wellington [from regular, to alternate] one appointment is stilt pending). 41. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION CONCERNING THE CHINATOWN PROJECT AT 1801-1859 BISCAYNE BOULEVARD* AMENDING RESOLUTION 01�9 , WHICH HAD GRANTED A VARIANCE FROM ORDINANCE 9600, BY ELIMINATING REQUIREMENT THAT A UNITY OF TITLE BE PROVIDED PRIOR TO ISSUANCE OF BUILDING PERMITt AND BY ELIMINATING REQUIREMENT THAT APPLICANT POST A PERFORMANCE BOND OR LETTER OF CREDIT OF $2500009 ETC. (Continued to October 24th). 42. DIRECT MANAGER TO REALLOCATE APPROXIMATELY $500,367 IN UNEXPENDED 10TH YEAR COMMUNITY DEVELOPMENT PROGRAM FUNDING FROM CDBG PROJECT: LITTLE HAVANA MULTIFAMILY REHABILITATION PROGRAM, TO FUND ACQUISITION OF SLUM AND BLIGHTED PROPERTIES (BISCAYNE BOULEVARD AND N.E. 5 AVENUE BETWEEN _ N.E. 62 AND 63 STREETS) FOR DEVELOPMENT OF MIXED -USE RESIDENTIAL PROJECT. i' 43. APPROVE REQUEST BY ROBERT D. KLAUSNER, ESQ., FOR LEGAL FEES ($169611.23) INCURRED BY OUTSIDE COUNSEL CONCERNING DEFENSE OF MIAMI POLICE OFFICERS MARTIN GARCIA AND ALBERTO PUMARIEGA. 44. 45. 4.6. (A) GRANT REQUEST SY MIAMI MILE COMPANY AND NATIONAL COMMUNICATIONS SALES PROMOTIONS, INC. (MIAMI MILE) - TO EXTEND NUMBER OF HOURS FORECLOSURE OF DESIGNATED STREETS: (B) APPROVE FUNDING REQUEST BY MIAMI MILE COMPANY FOR IN -KIND CITY SERVICES ($5000)FOR INTERNATIONAL PROMOTION SERVICES IN CONNECTION WITH ITS EVENT.' DIRECT MANAGER TO GRANT FUNDING REQUEST BY GREATER MIAMI BLACK .RESOURCE GUIDE IN SUPPORT OF RESEARCH CONCERNING PRODUCTION OF A COMPREHENSIVE DIRECTORY' OF BLACK -OWNED BUSINESSES IN THE CITY. REFER TO WATERFRONT BOARD REQUEST BY MR. GUY BOOTH THAT THE NORTH SEA WALL AT DINNER KEY MARINA BE A COMMERCIALLY DESIGNATED AREA OR SLIP. M 91-730 235,6239 10/3/91 R 91-741 241-244 1013/91 8e j, { 47� DISCUSSION CONCERNING REQUEST BY DISCUSSION E55-257 BUSINESS ASSISTANCE CENTER COMMUNITY 10/3/91 CREDIT UNION FOR A ONE-TIME CASH DbNATION. 48. A}:GRAN' REQUEST BY PUERtD RICAN M 91� 45 258461 �ULTURAL_FOUNDATION, INC, FOR A FEE M 91-746 WAIVER CONCERNING USE OF'BAYFRONT PARK. 10/3/91 (8) REFER TO MANAGER FURTHER REQUESTS FOR ASSISTANCE BY PUERTO RICAN CULTURAL FOUNDATION, INC. CONCERNING ITS PARADE Y AND :FESTIVAL, STIPULATING THAT IF CITY ASSISTANCE WERE GRANTED, CITY WOULD RETAIN RIGHT TO AUDIT, AND FESTIVAL WOULD REPAY CITY OUT OF ANY PROFITS t. FROM THE EVENT* rf 49. DISCUSSION CONCERNING THE AIMS AND DISCUSSION 262�-264 5 GOALS OF THE LATIN QUARTER CULTURAL 10/3/91 CENTER OF MIAMI, INC. i 50. REFER TO MANAGER REQUEST BY CENTER FOR M 91-747 264�-272 HEALTH TECHNOLOGIES FOR ADDITIONAL 10/3/91 i OFFICE SPACE AT 1145 N.W. 11 STREET CONCERNING' ENHANCEMENT AND EXPANSION OF t .THE: HEALTH TECHNOLOGIES INCUBATOR - - REQUEST MANAGER TO NEGOTIATE AND COME BACK WITH RECOMMENDATIONS. f 51. (A)::GRANT REQUEST BY REPRESENTATIVES OF M 91-748 272-277 SUNSTREET FESTIVAL FOR CLOSURE OF M 91-749 - DESIGNATED STREETS CONCERNING ITS 10/3/91 PARADE. (B) REFER TO -MANAGER VARIOUS OTHER „ FUNDING REQUESTS BY SUNSTREET:FESTIVAL, { FOR`POSSIBLE ASSISTANCE. i' 52. GRANT.. REQUEST BY' COMMISSION ON THE M 91-750 277-278 STATUS OF WOMEN - DIRECT CITY ATTORNEY 1013/91 TO ,_DRAFT LEGISLATION TO LOWER; QUORUM REQUIREMENT AT OFFICIAL MEETINGS. 53. GRANT REQUEST BY ROSE OFSHARON R 91-751 278-281 4 MINLSTRIES, INC. FOR CLOSURE OF 10/3/91 ! - DESIGNATED STREETS CONCERNING ITS EVENT. F `f J ^i+Tlli+9t+Ssk/' . , rr y i 640 REFER TO MANAGER FUNDING REQUEST BY M 91-782 292-294 FESTIVAL DEL NINO CONCERNING ITS 10/3/91 �r NATIONAL CHIL.DREN'S DAY CELEBRATION IN BAYFRONT PARK FOR POSSIBLE ASSISTANCE, a, STIPULATING THAT IF CITY ASSISTANCE WERE GRANTED, CITY WOULD RETAIN RIGHT :- TO AUDIT, AND FESTIVAL WOULD REPAY CITY OUT OF ANY PROFITS FROM THE EVENT 55. REFER TO MANAGER FUNDING REQUEST BY M 91-753 284-289 SOUTH FLORIDA JAIL MINISTRIES IN 10/3/91 SUPPORT OF THE AGAPE WOMEN'S HOME - REFER TO MANAGER FOR POSSIBLE FUNDING y r. FROM LAW ENFORCEMENT TRUST FUND. 56. PUBLIC HEARING AND DISCUSSION REGARDING DISCUSSION 290-312 . DIFFERENT ISSUES OF CONCERN WITHIN THE 10/3/91 DOWNTOWN AREA. 57. GRANT SUPPORT, IN PRINCIPLE, TO THE M 91-754 312-�315 BETTER WAY FOUNDATION GROUP BY 10/3/91 EXTENDING A MONTH -TO -MONTH USE PERMIT AT BECKHAM HALL IN CONNECTION WITH THE PROBLEM OF THE HOMELESS - REFER TO MANAGER FOR NEGOTIATION. 58. DISCUSS AND CONTINUE CONSIDERATION OF M 91-755 315-327 PROPOSED RESOLUTION AMENDING 10/3/91 RESTRICTIVE COVENANT FOR PROPERTY OWNED BY FEDERAL DEPOSIT INSURANCE CORPORATION (AS RECEIVER FOR SUNRISE SAVINGS AND LOAN ASSOCIATION) AT S.E. CORNER OF S.W. 27 TO 25 AVENUES AND S.W. 22 ' STREET` TO ' 22 ` TERRACE - TO DEVELOP`,A SUPERMARKET (Continued to October 24th). 59. WAIVE..PROHIBITION AGAINST TRANSACTION R 91-756 327-328 OF BUSINESS WITH A CITY.. EMPLOYEE 10/3191 (SYLVIA M. 'MENDOZA) `FQR ENGAGEMENT OF SERVICES AS AN INDEPENDENT CONTRACTOR IN `OFFICE OF CITY` CLERK. - 60.` AUTHORIZE CITY CLERK TO ENGAGE SERVICES R 91-757 328-329 OF::-SYLVIA M. MENDOZA AS INDEPENDENT 10/3/91 y r: CONTRACTOR. ' 61., RESCHEDULE NOVEMBER PLANNING AND ZONING R 91-758 329.-331. MEETING TO TAKE PLACE ON NOVEMBER 14TH 10/3/91 62. RESCHEDULE OCTOBER 24TH MEETING TO R 91-759 331-332 START AT 2:00 P.M. 1013/91 l �Y{kf �f Y 1 $ ,�+mow �"• ♦ Lf � 1l '' £ 1 _e MINVES OF REGULAR MEETING OF THE CITY COMMISSION OF MAMI, FLORIDA On the 3 day of October, 1991, the City CO Mission of Miami; Florida,: R. met atiis regular meeting place 1n the City _Wall, 3500 Pan American Drive, Miami, Florida in re§ular session.' The meeting was called to order at 9:10'a.m.`by Mayor Xavier Suarez with ::.. the following members of the Commission found to be present: Commissioner Victor De Yurre Commissioner'Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J.`L. Plummer, Jr. Mayor Xavier L. Suarez ALSO PRESENT: -: Cesar Odio, City Manager Mr. -Quinn Jones, Acting City Attorney x,. Matty Hirai,.;City.Clerk 'Walter J."Foeman, Assistant City Clerk An invocation was delivered by Vice Mayor J.L. Plummer who then led — those. resent in a pledge;of allegiance to the flag. p NOTE THE. RECORD: Upon motion ,duly, made by .FOR Commissi`oner.. Alonso and seconded `by Vice Mayor P1,ummer the` minutes , of the Special City* Commission , i.. meeting' of September 5, 1991, were unanimously. :. approved. : 1 October 3 1991 r': +"PT ,,�. S. Y s r 7 Mr. Odic: He was sitting in his car and they doused him with gas and he was k. quick on his feet, and he opened the door and ran. If they had at that moment thrown amatch-into the car, he would have blown up with the carp CbMissiongr Hawkins: CK, Mr, Odio He was very quick in acting, sir. commissioner Dawkins: Now, I am a little disturbed for two reasons. Number one, I am disturbed that nobody didn't get hurt. Now, I am sure you all can understand what I mean by that, OK? The second thing that I am disturbed by is"that when the police are attempting to abide by the law and do their duty, I see all kinds of incidents on the TV where the police harassing people, police brutality and all. Now, it amazes me that all the police there and all Of the TV cameras there, there is not one showing on TV of a policeman being doused with gasoline and for what reason. Now, it amazes me. As long as it is negativetoproject our police as animals and what have you, you see it all on the media, but when one of our policemen is treated like an animal and doused with gasoline and I don't know what... I can't attempt to guess why the guy put gasoline on him, but I think that I would like for you Mr. Manager to call each... no have someone on your staff, call each one of the TV cameras and ask them, is there any footage of our policeman being doused with gasoline. Thank you, Mr. Mayor. Mayor Suarez: Thank you. It would seem to be the first step and the second step would come very quickly towards an attempted murder. If the individual is apprehended and if it was clear the intention was to then light it. ' Mr. Odio Yes We have to. Now, I'll order the footage obtained and there was also another. pol'Iceman hurt by the way, Commissioner Dawkins, that -'in fact, it happened right in front of me. A brick hit this young man, a young police officer on the groin, and I was surprised. He wanted to stay there, he refused to leave and... Mayor -,Suarez: Is he the one who was treated and went right back out? Mr. Odio:, Yes, he came right back out. Mayor Suarez: I'd like to know the name and prepare the appropriate 1 commendations. Mr. Odio: I think it was... he should because I saw that br ick flying and it wasn't Just... it was very painful. Commissioner Dawkins: Thank you, Mr. Manager. Mayor Suarez: Thank you, Commissioner. t a 3 October 3, 1991 t M tlh - . .y, %1 • t +Mfg^"".: iyRau3'N t k y v introduced by Vice May plutner, whb moved of l ow nR resolution we►e The f t yy j }� i{ YWot on, RESOLUTION NO. 91=+�9g ;4 REQUEST RECEIVED FROM YN�' APPROVING ; A B E SOLUTION ASSROOM' TEACHERS' ASSOCIATION IN CONNECTION WITH B BL :. OUGH DADP COUNTY SCHOOL STREET USE TNItARD 'FOR DEMONSTRATION ON O OBER 91,D 1g91 BICENTENNIAL `PARK At 300 P-M. Here follows body of resolution, omitted here and do Clerk•) s, file in the Office of the City i3< seconded b Commissioner Alonso, the resolution was passed. being sewn Tu Yt. Upon by theollowingyvote: and adopted AYES. Commissioner Victbr De Yurre Miller J. Dawkins Commissioner Cotrmissioner, Miriam Alonso Vice Mayor J L. Plummer, Jr. Mayor Xavier,L, Suarez NOE5: None. ABSENT: None. Vice Mayor Plumper: Thank you, Mr. Mayor. Mayor Suarez: Thank you. ---- - ------------------- -------------------------f --- A SEL SALARY FOR NEWLY -APPOINTED CITY ATORAT•$96'000 4�..` CITY ATTORNEY* (B) APPOINT A. QUINN"JONES, III, AS . --------- -- , ' - -- ------------------- Mr. City Suarers Item 1 is the selection oothoeu C1 MrAManager, Madam City Mayor Attorney, ,I was ;going to direct a-quest�ionit's been a couple of. years.. Clerk,; what; is the appropriate procedure. tty Mayorthei r feel ings MaHira 1; "' Mr., the Commi ssion on -usually expresses Ms. about issue and then they vote. .the -Then-pro cded to vote, usually, with actual ballots?; �( May or Suarez; Ms Hirai: Yes, sir. Mayor Suarez: OK. 4 Vice Mayor Plummer: Mr. Mayor, may I inquire? 4i Mayor Suarez: Yes, Vice Mayor. + 5 October 3 1 rf if traditionally there has been a redutiony there Commissioner Dawkins. See, back show me { dr sa wasgeduKOXcdand i s no robl Vim. but make Sara now that yougo a Who redu+cad, Jose Oar when replaced him was Mayor Suarez: And then Lucia bughertyi Cornmiaioner nawkins: And Lucia Dougherty came in, reduced. An d than the policy is established. fernaridel came in redueed, then hey, Vice.Myor Plummer: Well, all i am asking.•• But if at anytime you can't show me that all of those Commissioner Dawkins: an established policy. gut what.I fl than it's not people were reduced; hey we control. the J L•, 'from somebody over there$ -what is the... the City Attorney: need to know City Clerk, City Manager, and appointment of three people, is that f as the .� .. _ I f an ` i nd vi duaI i s approved now eCity it just until after th cti elAttoection n we have for appoint,: Legal_ Department or - two years,,or when do we appoint?' I need to know that from the somebody. ice'Ma or Plummer:" I can't answer that. You know, traditionally... V y :. Commissioner De Yurre: Ask the Legal Department. Commissioner Dawkins: Let's ask the City Clerk.. There Vice=Mayor Plummer: Let me just say, traditionally as I remembered i1, ecall wi th the last timetheClerkon l has never been, , except I think,, to my ng the -City. . has every been a reappointment. Pr in that there n_ Commission, there was a pot icy at the -time court caseswthat ere shave al ready .beeworn did so-called reappoint. Now, there are that he , i n fact, does not have, a term of office„ , tested on,,the�City��Manager, the will of this Commission. thati';he nerves at I thin k the City Attorney is .stated in the charter as serving Suarez,:: Mayor S;u. until the next generaI'election. He has a fixed term. Viet Mayor Plummer: Well, that could be. I d uarez s I think 'the . Ci ty C1 erk does . to . °n t ..know might be the one Mayor., S,, might be the one... 9 ';to would. be. it sounds me like it, to do a reappointment. Presumably... coming up and then we have V ce Ma+or Plumper: Is November 5th, what I am running for, not a general i eyes? y. , election? Did somebody pull the wool over my - Comm s.s i'oner De Yurre: We11, we will just cancel the election. forget about , r Vice Mayor Plummer: Weil that's, Victor... _Mayor Suarez: Presumably, we wouldn't change our minds in a month and a half. Commissioner Alonso: Isn't it amazing. ? October , 1991: ;z 0,12f i T°r joi* i� f M. Wirai:orrect� 'Mayor 9uarev: An agreement for compensation. Ms� Hit is The memo understand that Yes Ve Mayor Pl �,rrrnr: No, we had a mimo of undrsta,di ng r's3 City Clerk and City Atto, Ms Watt : Yes, that 1 s correct. As to the rney the new Comnission'is they ire reappointed at the inauguration ceremony when . and never at `any other time. every two years. seated every two years _ a Mayor Suarez: Sxcept that of course, we've got a resignation in mid term;so to be. Mr. City ' your explanation is not as helpful as it really, needs `k Attorney, do you have any indication from the charter? 1 excuse me, Mr. Mayor and Commissioners, my Mr. Quinn Jones. My reading...s that appointment that you make for reading"of the charter would indicate any City Attorney today would only be until the election in November, at such time; }} that you would have 'to make a reappointment, not only of the City Attorney`but also at: that, time.:: Mayor.Suarez: The City Clerk. the City Clerk and the City Manager which would be for a ' Mr. Jones: ..• = - perof `two years.' Vice Mayor Plummer: No, sir. I disagree with that. Mayor Suarez: The City Manager, I don't think falls under that. _ Vice Mayor Plummer: No, sir. z` Mr. Jones The City Clerk then, I'm sorry. Because traditionally; the City= , Clerkr.and;the City `Attorney were appointed at the' same: time. Mayor Suarez: I think"it's City Clerk and City Attorney that fall under that.' r Commissioner'Alonso: Yes, that's right.{F Mayor Suarei:All right. With that, understanding: and assuming that there is vote, fi no discrepanciesr, I will entertain your nomin ations and then we should anyone`- 'wants -to,-',--in the process; fist a' number of people or the names or, Y5 if the'applicatioris they have received, of course, hats in order also. I,could say 'for-, myself;: I have interviewed I think, five individuals, and one o two; M on the phone. Vice Is°that necessary to put on the record? Mayor Suarez: No,^PI don't think `it's necessary to put anything on the record. viewed four. y Vice Mayor Plummer: I'interIg Commissioner Dawkins: .. You moVe what? ` t g; October 3 1991, - 10 October 3 1991 long is the term, and i think th6 term is clearly until the next regular election.. So, whether we like it or not, that's what the charter says. But your point is well taken. I don't think anyone here intends to appoint a City Attorney whether it's Quinn Jones or any other for thirty -some days* i mean, that... and let me speak on behalf of one other candidate, and I do intend to vote for him on the first ballot, Charles Mays. I deeply respect Me. Jones and I have had an opportunity to work with him in the last couple of months since the resignation of Mr. Fernandez. I had occasion to see him negotiating certain things and setting out the parameters and the law and the very convoluted considerations that go into emergency actions that might be taken in connection with public disturbances, and I think he is a fine hard working person, I always see him as a totally dedicated civil servant. I do believe that Charles Mays, however, given folks, our track record of litigation in recent years could give a strong boost to the Legal Department in terms of aggressive pursuit of plaintiff cases, we have, and I don't think we have even filed one, and maybe, it takes a litigator to file some of these cases, to collect. monies for the City, not only to be sued all the time. There is nothing like having an attorney represent you. And I was represented, as was the City as -were all the Commissioners who were then sitting in a major, major case by .Charles Mays, I happened to see him in action. Let me say, with no disrespect to the prior City Attorney that he compared very favorably to our outgoing City Attorney, Mr. Fernandez - very, very favorably, Mr. Mays compared in that case. I was very impressed with his handling of that suit and particularly impressed with the result which was favorable to City on all counts. And I guess these will be my reasons for voting for Mr. Charles Mays and I would bealso prepared to, if the Commission so decided and we had a majority to vote for Quinn Jones, I think he would do a magnificent job too. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Commissioner Dawkinsi You know, it's again disturbing to me.' What do we have to' -do as black folks to quit being pitted against one another, and to quit being passed over. You, had a man at the School Board who sat there, kept the shop and they passed over him for somebody else. Now, we have a,man who was the -deputy assistant attorney, Who has been sitting in the shop, and now we got another black thrown in to pit against him and say,._hey, you all take one or the other blacks. You know,' somewhere along the lines,; we as black folks have to realize that if you paid your dues, I must get in line ands:pay my dues. Now it just does not, in my opinion, say that Mr. Mays could do the;job any better or.any worse than Mr. Jones. But it does say to other little black boys and giris.that you don't stay there, help keep the ship 'tight on a steer course and when time come for being the leader, we're going to get somebody else., Mayor Suarez: Mr. Dawkins, I feel compelled to respond to that. Commissioner Dawkins: I hope you do. Mayor Suarez: And I am going to sir. Race is not a consideration whatsoever in my determination, and frankly, it belittles the two of them that you would' focus on it that way and that's your prerogative. Mr. Mays is known to me 11 October 3, 1991 777777777, x• of fi � i l 7 pisrsonal1yj Mrt Quinn Jones is not, I believe they have about the same numbers of years of practice, they share a lot of friends, I think ,they nu respect oath other deeply. Both have Said that they would serve under the ty other, and people in the community I think, respect them bath as professionals. and not, related to the race,. Let me say that when I asked other candidates for this jobo people who sought it and who came to see me, who they would _ reooMend, some,of them also very emphatically recommended Mr. Charles Mays, again having nothing negative to say about Mr. Guinn Jones. And the fact that Quinn Jones was deputy, I think reflects the desires and the management decision of the prior City Attorney, who I felt, actually in that decision, I don'.t think I would have agreed,with him. 5o, I don't think that we are bound in any way by the fact that he made that determination of making Quinn Jones deputy as opposed to Charles Mays. I think the number of years of service in the City Is, actually longer for Mr. Charles Mays, I am not surer but in any event it is not one against the other. I didn't mean to give that impression and I hope I didn't. - I just happen to think that Charles Mays is what the department needs right now, but I think the department would also work well with Guinn Jones. Commissioner Dawkins: I would agree with you if anybody up here on this Commission has a reason to be for Charles Mays is me. That happens to be my fraternity brother. And I have told him just what I am telling you, that if he had been here and was the acting, I would vote for him. But since he was not the acting,,I would have to go with the other gentleman. This is nothing new to Mr. Mays, I, have said this to Mr. Mays, and I say it to him now, and I know that he is a very able attorney, and I am going to say to all of you here, if you all don't pay him some more money, you're going to lose him. - since we all love him so. Commissioner Alonso: Mr. Mayor. a And 'a WAS bef0tes a hUndrOdind One the 'kan a was '. 'U'Oret`' ai'`huktoa"dIixWe re talkingabout a five thousand pay raise. Just 16,, be _.On :the lwi Motd,at, that, 00i ht'., § V1 66 Mayor Plume ' t Mr. Mayor* if you want the record$ and I'll use r6uh exactry 9.94ho'e e Yurre": Do we need to set it today? Can't we just set it 1�olhti h'if We're going to finalize this thing? Vice Mayor Plummer: We I I ... We MA or suitei! :.We may as well franklyt ,if we are going to make the! ultimate d6termthation today, set it todAyg so that the individual knows what thite. Salary i S6. dommiis'ioner Alonso: Yes. Al Vice Mayor Plumer: The question that was asked, Pedrosa started at seventy "t a ended a and d eighty eight.Well ... ohdr Dawk!'ns: What did Knox start at? Vlck.MAYOP 'Pl-'Umet: I don't have Knox. Lucia started at ei ghty-4'i ve And, Ondid"ia"t ninety-seven. Fernandez started at ninety-two and ended at one oh six Justfor the record. I don't have Knox on this. Commlissioner Dawkins: OKI, thank you, gentlemen. Mayor, uatez: "ThAnk you. Well, if you want to make a motion at this, pointr anyone of, on*, what,. seems Jike, a* reasonable salary. before we'. vote on,-. the. ndividUa and h6 - - J'6d14id6i1' �or if _you. want., to vote on thei their thesalary, 6 'nk either W I: don' tht it"s going to,, change our views onrsalaries. x. Mr. Odi oi, .If they_are both.....Iet me..i I don't know., what Lam.doin�::Wt if , �66 th5r they iri, ki f y now; I don't 'know wha ' they - , ­ -- I-` . I— . 9 t hey are, maki wor n or"the'' Cit' making now,tiut that. could be determining factor for you. jt Commissioner Del Yurre:: Well, just ask k him. your pre sent sal ary, "no W. - Quinn?:� 4f mr.Jones: Prbsenj sa ary now`is ninety thousand. Commi.stioner. ftYprre: -_Ninety? Vice Mayor Plummer:, For what? Mr. Mays es: Mr. is ... V ice Mayor Plummer: Oh, oh, that's how much you are making now? Mr. Jones, Mr. Mays is at eighty-seven. JK 14 Octo er j 1991 '1' 1 Qt {1•S'�j x 4 �1 ti4 S . �nes� No you don't hive to- Its your decision. But to the extent Mr r recognize that• that it is a scheduled Commission item, you can mayor Suarez: Mr. gon20e2-Goenaga, sir, if you want to make a quick statements Mr. Gonalez�Gaenaga: Yes. Good morning, citizens. Unfortunately, there are. my only concern is not-what'you have been - Commissioners, a few of them here. ents. My basic concern and also, I would. discussing here about dollars and c the existing City say about the co rnunity$ is the new City Attorney or themayoret Of i e th ami to dup Attorney is willing to back up is to back the freedom of speech before _this C s on.f If his theory for second reading this Mayor Suarez on one of these agendas that is going this morning, and he backs up to prevent the democracy in this afternoon or Commission, then I strongly suggest that no City Attorney be named hate the word lobbyist, because ' ' permanently. Furthermore, I urge and I lobbying far a position is like, for me, as an influenced peddler. I propose this, since we are suggestions to the Commissioners that all candidates, since all candidates are given publicly. in a Sunshine State that the names of much Thank you very . y. : Mayor Suarez: Thank you. Madam City Clerk. Ms. Hirai: Mr. Mayor, for Mr. Frank Mays, Mayor Suarez voted for Mr. Mays,. for Mr. Mays. For Mr. Quinn Jones, we Charles Mays. Vice Mayor Plummer voted have three votes from Commissioner De Yurre, Commissioner Dawkins and Commissioner Alonso. Mayor Suarez: I'll entertain a motion to make it unanimous, Mr. Vice Mayor. Vice'Mayor Plummer: So moved. i Mayor Suarez: So moved. t` Commissioner Dawkins: Who you all voted for? Commissioner De Yurre: Mr. Mays. Vice Mayor Plumper; Mays. Unidentified Speaker: J.L. I ,e Mayor Plummer: Yes. Vic All in favor, please call Mayor Suarez: Second. Thank you. the roll. fis }' IS October,3' 1991 i i F� 9 ^$^ PM The 'Following resolution WAS introduced by Vice Mayor Plummer, who MOV61d r its adoptions RESOLUT16N NO, 91-701 A RESOLUTION ELECTING AND APPOINTING A. QUINN JONESt,r "III AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDAs TO HOLD OFFICE UNTIL THE FIRST MEETING FOLLOWING THE NEXT + REGULAR CITY ELECTION AS� PROVIDED FOR IN THE. CITY: CHARTER; FURTHER, VALIDATING, RATIFYING AND CONFIRMING ALL PRIOR ACTIONS WHICH MAY HAVE BEEN TAKEN ON AND SINCE AUGUST 319 1991. BY A. QUINN JONES, I11, WHILE SERVING AS ACTING CITY ATTORNEY. 'l (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 s' and adopted by the following vote: AYES s: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. i, ABSENT: None. . Vice Mayor Plummer: Congratulations. } Mayor 'Suarez: We thank both of you and congratulate you ,for most dignified process up until the present. V.11ce'Mayor Plummer: Is it not traditionally that he would be sworn in? Mayor Suarez: If you .would like: -to do that in a ceremony at, the . next Commission meeting with family and friends, et cetera, that might.''be .' appropriate... : t Mr. Jones: Sorry? Vice Mayor Plummer: To be sworn in. t� Mayor ;Suarez: ... for a swearing in ceremony. If you would like to do it at s, the next Commission meeting with family and friends, we could arrange that.; r Mr. Jones: You 'coutd do it today, that's fine. Commissioner Alonso: I like this. 19 October, S- r 1991 4ry it'd q: :; .. 11►iifiiis YYifiAiW ir4 Yl tltiH WYYYa YifYil{Y/YiYii ii iiita:iifWi Yr YfYYfW YIf1RiYliliiDY..f:ir.-+�ritfYitlrr Ynir1i41W IeaGwSi7ifii iliYfltaiNYitl4 Yliifi Yr]IilYiiiilVliiiit3tiitWii6 :; � c ee,,. T CONSENT AGENDA GENERAL DISCUSSION PRIOR TO ADOPTIONS = �� (A) COMMISSION EXPRESSES CONCERN THAT MOST CITY BIDS ARE AWARDED TO " NON MINORITY VENDORS - MAYOR SUAREZ REQUEST'S- ADMINISTRATION T` r� t FINALIZE:THE.DISPARITY STUDY FOR FIRST MEETING IN NOVEMDER..". (D) DISCUSSION CONCERNING AWARD OF CITY BIDS FOR VEHICLE TIRES (See label 26). (C), CONSENT:AGENDA. r, riiYYRrLiii�i Yi w..w�'ir aiifi'frarar4ra.�irriir.Y.Jian.ri.rti i3 Y.yYYrrRrrrrw►wr�.rLrY.:rf�wab�.ilirir:i6ir aaaLW:riwriiw�RiWli'. tr�r'.WiGiYic.tt.- •, .'.: Mayor Suarez: We'll be going -very quickly to the Overtown Independent Review 4 Panel,'s reports and I'would like. if: I may, before that, to do the Consent Agenda which. is item CA--1 through CAL14. If anyone wishes to be heard on these;.items individually as opposed to collectively, let them step forward Mr. Gonzalez-Goenaga, which number, sir? A Commissioner Alonso: -Mr.-Mayor, if I may. Mr. Gonzalez-Goenaga: Yes'. Number... Mayor Suarez: Wait -:a second, Manolo. Mr. Gonzalez-Goenaga: Sorry. Mayor Suarez: Yes, Commissioner: i--' Commissioner Alonso: Finish with him if you want and then I'll go. Mayor Suarez: All right. Go ahead, sir. ( Mr. Gonzalez-Goenaga: I need to speak regarding number 4, 59 6, 7, 9 and 10. Vice Mayor Plummer: Oh. Mayor -.Suarez: -What numbers did you say, sir? Comissioner'Alonso: What number?. Mr: Gonzalez-Goenaga::Four, five, SEIS; SIETE, NUEVE Y DIEZ. ;> Mayor Suarez: OK. I understood you to say 4, 5, 69 7, 9 and 10. Those items wi11,be removed and handled separately. Commissioner Alonso. Commissioner: Alonso: Yes. I, want to make a comment- .for :the record again;, something, that. i':ve been repeating every single:Commission.;,meeting,. We, have ." again non-.,. amount of number of ;bids .awarded to non -minority, non-. local vendors. I am disturbed. Commissioner Dawkins: Which is that? -"number what," now? , Which one? number; w ten? r 1�21 October 3 1991 F$E3'y�10 "In C �* Commissioner Alonso: Atli All through the consent agenda Mayor Suarez: On the consent agenda generally, she is addressing+ � Commissioner Dawkins: OK. All right. Ummissioner Alonso: Number 2 is'non-minority, non -local and then again, CA" 3, and then again, CA-40 and all through the numbers. Since I am very disturbed and as I :mentioned in the last Commission meeting that the percentage of bids that we are awarding is very irregular. It seems ter rhea when we look again at the last six months, all vendors, all locations, we have two point eight percent black vendors, eight percent Hispanic vendors, seven point six female vendors and eighty point nine non -minority vendors. I think that we have to give.., award more bids to local vendors and also more representations of minority. I am very disturbed, and I think if we continue to. approve things "like this, it's going to increase the numbers and I think it's not appropriate and it's not the composition of the City of Miami. a } Vice Mayor Plummer: Well, Mr. Manager, you know, I think 1t would be very helpful and I am very cognizant of what Commissioner Alonso has had to say, but 'as- I look over this agenda', I think one of the reasons that would be helpful to me, is to know if in fact there is and could be so noted on the agenda, that there is no minority that is in the business of which the RFR (Request for Proposal) the bid actually goes out. Mr. Odio: Well, you... Vice Mayor Plummer: Now, just let me speak to the first one since that's on i. here. I i' Mr. Odio: Which one is that?' Commissioner Dawkins: To the what now? Vice Mayor Plummer: The _first one about the belts for... Mr.'Odio: OK, have in that one eighteen bidders,.three black,'four women,' two Hispanic and nine non -minority. Vice Mayor Plummer: OK, that's really not the one I should Y ' Y :speak to f because 'there' are minorities. But as- I look down this, I can see. possibly f that there are no minorities in the business for which we are seeking' the' services: } Mr. Odio: There might be some, but not... Vice Mayor Plummer: OK, and I think that should be noted on the agenda,, that-:,... there were no 'companies:of minorities who would be about providing, the; services that we'are requesting. Because it's... Commissioner Dawkins:t But by the same token, what's wrong with.a minority whether it be `'black, Latin or female being the broker for obtaining this... you know, -' you're right, we don't own ` no companies, but nothing says that= we cannot be the broker and get the brokerage fee. You know, some where along, 22 October 30 1991': An, 1 F'r the-linesre, re've got to get our act in order and say that we really end truly intend to spread this money around, J&L ., I agree with you. -t f4 Vice Ma orlumrner. Well , S' Commit$! ohbi `0Awki fit But if there 'i s no minority because I've got ona ltit`e too, dust like you, number ig, see, I've got one. Vice Mayor Plumm r: OK. My point is as far as a broker is coneerned," noltnallyy when you with to go to hold somebody's feet to the fire for . : something that did not go right, you don't want to deal with an individual as .=. a. middle man, you want to deal with that person who is going to have to :hake it right. 'And that's the problem with being a broker. That to me it can >. create all kindsof problems. ' Corr�tiissi over Dawkins: But if you let me broker enough then I will be 1 n the position to own one and then you can hold my feet to the fire. is Vice Mayor Plummer: Well, I think we have a case on point right now, it's a lawsuit, that in fact, as I recall, it's the lawsuit 1n the Bayfront Park. There. was a,. man Who 'provided the..* as a broker, for the fountain. He ;is I hbldi'ng'all`of the guarantees, as a broker, for anything in that, that might gb wfong. We are now having to either enter into a contract with him, or buy out -the guarantees because.he is saying that he has the exclusive right as the brokee' and you must go through him instead of going directly to the manufacturer who issued the warranty and the guaranty. That's the danger with ;. the broker.' Mayor. Suarez: Actually, we have delineated, I think, in various discussions; what_ Wewill like to see happen. Now, let's see if we can get he administration to implement it. + Commissioner Dawkins: Thank you. Mr. R05Williams: Mr. Mayor, may I respond please? Mayor: uarez: Wait, wait, wait. Comm ssiones Alonso: Yes, and if I may, I have... Mayor Suarez: I Was`just about to.say what we had delineated and you"won'.t ' even"let-me say.it. Mr. Ron-Wit:1iams= I:certainty... Mayor,:,, z: Comm ssioner Alonso, and then I'll try one 'more time. Mr. Williams: Thank you, Mr. Mayor, r Commissioner Alonso: Yes.` I'll like to say thatis hard'for me to. beIi'eve that" we2:cannot `find people to install fences among the minorities who: have businesses in Mi`ami.. As'a`matter of fact, when I see people installing fences E all around the City of Miami,' I happen to see most: of them, Hispanics and : ! b1`deks and then when we award a contract. -it happens to be that i t is non. 23 October 3, 1991 J: 'n oix'V 7 MONT- 4r minority and Dade County or outside Dade County, it bothers me. If we don't Support Our own people, what are we doing? Are we talking about difficult times? Dut then, we don't give them opportunities to find gobs and to provide 5 jobs for our own people. I am very disturbed. I've been saying -:.this - Commission after Commission, let's help our own people, and my way of doing that, -is getting green stuff in their hands. They need money, they need jabs, and then we will be doing a favor to the City of Miami. That has to be taken seriously and addressed, and I am trying, I've been trying. i even requested, the last six months, and when I see these numbers, I can't help it but I am very disturbed. The Mayor told me the other time it was a special difficult time and that we were going to see changes, but I questioned that, Mr. Mayor, when I see that we continue to approve this excessive number. I don't know when in the world the numbers are going to change. And then they tell mej we don't have these companies. I am going to make personally, an effort to check what kind of businesses do we have in Miami. What kind of business do the minorities open in Miami. Because I am disturbed. It happens to be that when they apply for a bid, the company doesn't exist and then when I drive around Miami, I see that I can find these companies, I can do business with these people. Why can't they be good enough for the City of Miami? Mayor Suarez: Andwhyshould this Commission have to go to the extent of what the Commissioner is suggesting of physically going out there and looking for these businesses. And why don't we have a procedure where we aggressively do that? Now, you're going to tell me that we do, so let me tell you the outlines what we should be doing from what I hear from this Commission. It takes into account what everyone has said. We don't have any problems even with the concept of brokers as was stated by Commissioner Dawkins, as long -as we get some minority involvement. However, we have criticized in the past, all of us have, what have been called "rent -a -citizens" which are people who are artificially put in there, who have no control over the company, who have no- responsibility, -who have no investment. Now, if you could somehow within the parameters that this Commission has stated find a way to define for us, and_then:of course, identify the people so that they do apply. And if by any chance they don't apply i am going to ask you to implement a procedure to let " us,,know, ,which is what the Vice Mayor was talking about. You should flag right off the bat, if it is not a minority applicant, you shouldn't require Commissioner Alonso or any of the rest of us to go out.there, store by store, business by business with the phone book. You should tell us, we've got a problem here . We have notified • people and they don't seem to be bidding. Now, it seems to, me that the definition should be made that the people that we are seeking to give the businesses to, that we are seeking to have participate should be principals, in some way or another. They should have responsibility, and they= should ,have -.rights, and they should havesomecapacity to earn f profits :from that business, that's the key to it. If theyare just employees then they. are "rent -a -citizens, then they are tokens. r If they have some involvement as principals, if they have a right to the profits of.a particular j contract, to me, they qualify as the kind of people we want to help. As s Commissioner Dawkins said, they can go in there in that sense broker, but I don't want ,them to say that they are brokers and not take any responsibi ity and then pass the responsibility on to some other principal. They should be principals in some capacity or another. And if we have to change our ordinances to reflect this feeling of this Commission which admittedly, which is not the most corporately precise, but I think you know what we are saying, let's do that. Now on the procedure to flag for us when no one bids, or when 24 October 3, 1991 r. . Y f Ito no one is available, which all of us take issue with, by the way, because the moment you send us a memo on a particular bid, which is what I am going to ask this Commission to instruct you to-do, that not a single minority has bid, you should let us know by memo right away and give us a few days to identify therm. The moment you do that, you're going to find that we are going to identify some, very seldom, very seldom. I remember a couple times Commissioner Dawkins mentioned to me you know, they say that we can't find anybody to do landscaping, there are no black -owned landscaping firms, that's inconceivable. And then by the way, sometimes they get created in no time too, because people are pretty creative in this community and they join another partner and all of a sudden you have a black principal or a Hispanic principal, or a woman principal. So, if you would flag them for us and Mr. City Attorney, maybe you can give us the form of how to do this. Can we ask that every bid over a certain amount of money, if no minorities apply, that this Commission be flagged by memo and given at least five days to suggest ways in which we either throw out the bids or identify minorities to bid? Vice Mayor Plummer: Is that the problem? That's maybe one of the problems* But there is a second facet to that, Mr. Mayor, the ability of a minority company in a competitive world to be within the parameters of a low bid. Now, you know, we have given for local companies... Mayor Suarez: We give a five percent preference, yes. Vice Mayor Plummer: ... we give an edge of five or maybe ten percent. Mayor Suarez: Ten percent preference. Vice Mayor Plummer: Now, does that same edge apply to purchases? Mr. Williams: Absolutely. Vice Mayor Plummer: Does it apply to minorities that are local? Mr. Williams: Yes. Vice Mayor Plummer: Does it apply to minorities in general? Mr. Williams:: No. Vice Mayor Plummer: Now, the problem that I see is that I don't see.this Commission, as much as we want to do.in the area of minorities, wants to just carte blanche say, that only minorities can bid because then, you are locking in a price that you maybe cannot afford. So I think that the area that we have to 1 ook at i s i n fact, . i n:. a competi ti ve worl d where we are charged by charter to take the most lowest and most responsible bid, are those bids within the parameters of the ten percent? Commissioner Alonso: Well, what is amazing, Commissioner Plummer, is that in... Mayor Suarez: Commissioner Dawkins yields to Commissioner Alonso. He has been waiting to say... 25 October 3, 1991 17P C60issi5ver WWII I'M sorry. t �r COMissioner Dawkins: That's quits all right. Go right andad, Conte ssiondr vltk Al onso'� Y COWs3ione"r A'1'onso That in the real world, I find, and I am a business person; that I fired better prices coming from minorities than frront h6h minority companies. Why in the world its so difficult for the City of MiaMi1 at- least, -being able to find a reasonable percentage, Mow come most people outside; in what I call the real world, not the City of Miami government,' and he knows what I mean because I am always trying to find prices that are lower than 'what they quote. In the real world, I find from minorities, better prices than from other 'companies,, And I any not saying a hundred pereent, - nothing like that, but when I look at these numbers, eighty percent non" minority, nor -local vendors. That's very disturbing to me. What `about the people who live in Miami? - because when you look at the numbers, blacksi Hispanics, and other people are the ones who live in Miami, and eleven pereent artnon-minority. please, glue a break to our own people. That's what 1 am asking. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Mr. Mayor, and fellow Commissioners, there is an item ` eighteen that I have been fighting for the last eight years since I've been here. i Vice Mayor Plummer: Eighteen? Commissioners Dawkins: Yes, sir' And every year I fight it and nothing happens,. Every year, you buy al 1 the tires that the City of Miami uses and not once have you bought even a thousand `dollars worth of tires from"a''black fI rm. There is m6cy's and other black tire companies. in the black community, don't tell me they do not exist. But the more... I sit up here, argue and cbmplain;`'but the administration as the Mayor says, 'does not do nothing 'new Y and innovative with `which to het p' these i ndi vidual s - I don't care 'whit :the: problem. is If'yau have... maybe;'you need`to take them and show theW owl'O "< buy off mthe State bid, I don't'. know, what 'we are supposedto do. But .every time, 'I°mean and here it Is, eighteen ,'you're going to spend =how much money. are:we spending' here? = two hundred and fifteen thousand; plus forty,:;plus thirty-eight: We are spending close- to three hundred thousand tlollars '' ($300,000) for tires In the United States of America, in Miami , Florida and,, not=one tire is being bought from a black firm. And Mr. Williams,.is this the fi rst � time :,I've saW thi s? Mr. Ron Wi11iams Absolutely not; Commissioner Dawkins: =" Comnissioner;Dawkinss So, all right, see, and I keep saying it over and over,. and one day I'll get enough votes up here to reject this bid and let you a11: run around on the rims until you decide that you're going to hear what i say. Mayor Suarez: You have any ideas on what we can do, Mr. Williams? -Ohl... t Commissioner De Yurre: Mr. Mayor, if I may. r :' 26 October 3, 1991 Mayor'Suareit I'm sorry, Commissioner no Yurre. Comiseloner Ce Yurre: If I may make a suggestion, I don't know if it has aver beendone or not. But instead of us having to when an issue of , thi s } nature arises to have to go out and look for minorities that want to get ;< involved in this, shouldn't we have some kind of task force at the proper, department, assigned to just going out there and identifying companies in each field that we deal in? And going to . them and talking to them saying,, well; ligten, this is what we do, why aren't you participating in the process? - and find out what it is, that they may need that we are not privy to. You know, what'is it that would make them or entice them to participate in bidding in these programs, in these possibilities. There may be something out there that we don't know about that if we able to create some legislation or -something along ° those lines, would allow a lot of these minorities to join the:process and benefit from it So, you know, I am suggesting maybe going out there, doing a -little bit of a field research, going door to door and identifying these companies, making a list, actively going after them whenever there is something that's available, as far as them bidding and getting them involved that way. Commissioner Dawkins: You know, and I hate to say this Mr. Mayor, but I must put this in the record. You know, we constantly say that minorities, and especially blacks, cannot compete because they're not in business. But those of you -.who feel like that, I want you to go and pull the loan portfolio of Southeast Bank and see how many loans made to black people of fifty thousand dollars, that the black people defaulted on. Every loan there that's defaulted was for white folks, and you can't find out where we caused the bank to fail. 'But yet, they will tell you that we are a business risk, that we can't be this, and they don't loan us no money. Mayor Suarez: Mr. Williams, you have any suggestions? We can try to get on with the rest of the agenda. t Mr. Williams: I`certainly do, Mr. Mayor, and I've heard Commissioner Alonso's concerns and certainly Commissioner Dawkins, over the years has expressed himself very convincingly. I would just -like to do two things. First, I would like to report to you that you have funded each year an organization within my department,to do exactly what you are proposing. We think they are _ 'doing a `very fine job of it; they are 'very aggressive, they are.pursuing all of these issues that you are talking about. What we need from you... Mayor Suarez: Have we done better than the figures that you gave to the Commission; and•Commissioner Alonso pointed'to for February through July? Mr. Williams: Those figures that we just provided are the -actual and exact numbers. What I need to tell you, Mr. Mayor, is:,:that what,we need if you are asking for support, is not... -� Mayor Suarez: Since July;`have you done better than that? -because if not, we ought to just close the.shop'for a couple of months and have a moratorium.; Mr. Williams: Well, certainly that would be a solution that nobody would get . into business, Mr. Mayor. - I mean, if that's the way we are going to do ,- But then we have to close down the City's operations at the same time. 27 October 3 1991 }h SY4ti3� ;rY�: d t ai` Msiyor stet 42. If i t s that bad, 1 mean*,, f k¢. 1 5# 111{75� Ctntmfi5ioner Dawkins.`I agree with the Mayor Wholehearted Commissioner Alonso: Have you seen the last Commission minutes? z. Mayoruard: am eliciting 'a response that I believe is correct` that in lul:y.ind August, we made some great improvements, Did we not, in awards? Do have those figutes? Did we not? -I remember one day we gave five ontracts,`I belieye'it was, to on set -asides. Mr. Wi111ams: 'Mr, Mayor, I am really trying to make the point to you that everything that is included in the charter, included in the code, included in the ordinances and resolutions that you have passed here are, you know; those actions are being taken. if you have other ideas and I don't know that is agree... ,r. Mayor Suarez: No, no, sir, I was asking if you had other ideas to Implement what this Commission tried to establish as general policy. Mr..Wi111ams: Mr. Mayor, we've heard your idea... Mayor Suarez: And you were going to answer that, I thought. Mr. Wi111am't I'm going to answer it if you let me, Mr. Mayor. Mayor Suarez: Well' pleaseAoj because you know, we've got other items on the agenda and we want something specific. Do you have Mr. Manager, any other 'deal? ->you're laying back. Me Williams: Mr. Mayor, the::. r. Mayor SUArei: All right, somebody, please. Mr." Willyiams: What we need is legislative action. If you want us to do... ,., . - something:differeht... 1 MayortSuarez: You need legislative` action: "Whatordinance do you want? Commissioner Also Well; let's do it What do we need to do? MayorSuarez: What ordinance do you 4' ant us -to pass; sir? Mr. .Williams: We need an ordinance allowing us` to buy from local vendor", an us�'to` buy form " giving_ them-'tertain `preference." We need ordinance allowing only minorities... Mayor Suarez: We have a< ten. percent preference for' local 'vendors. You want ' 4 s f constitutionally 1 give more ` that. that? - is that,-twhat ; more, than ;that? Can we constit ti y you are, saying? Mr. Williams: Absolutely, I am asking you `to do that: 28 October 3, '199i , 'Tt Mayor-Suarep All right, that's a good start. What else do you have, What ,R ���e� �ideas� • Mrs �ii liam We need for`you'to allow us to do sat -asides with minnritias in Artieular.i "J . Mayor�'Suare : We hive an 0rdinanoe that allows -the Manager his discretion to f do that I believe he invoked that in various bids in July and Augusts X Mr. Williams., But, we did that but you need to be aware that you funded a disparity study and this Crbson decision that's addressing this whole -issue. Mayor Suarez: Right.` Mr. Williams: And that's coming before you. We've been working on that proces3. ' I f you... Mayor Suarez: OK. Why did that take so long? I believe we've funded that xis five six months 'ago. Commissioner-Alonsot Or more. Mayor Suarez: More -than that6 Mr. Williams: Becausethis group is doing exactly what -Commissioner Alonso '• &hd Commissioner De Yurre;has said, they are holding public hearings in the community, they are bringing in organizations of people to discuss things,. they are bringing in 'vendors... Mayor Suarez: They are not doing it fast enough for my taste.<Vl l.you that.,' Mr. Williamsr .: they are trying -to find out the very questions that you are asking and trying =to come' back to�you with a resolution. So, the answer to your question directly is, provide us with the legislation that we need and we certainly`wilI do whatever you want us ;to do, Mr'. Mayor: Mayor Suarez: I thought that's what yod were supposed to be doing. I thought we: were .supposedto be' -setting, general: policy and you were •.supposed.to!be providing: us with the legislation to implement that. Mr. -:Williams: We are following the legislation..: f Mayor Suarez: And I've only heard one specific proposal from you and it's a. 4 , risky"one;which is"to increase'the local preference beyond ten percent. f Mr. Odio:' Mr. Mayor, we have`. to use caution and Quinn can address that.-r ' hive to wait for that disparity study to be concluded. F Mayor Suarez: When are -we gong,to have the study, Mr. Manager? Mr:;'Odios We11' when did they say that...? -within the next couple of weeks. Mr. Williams: We are told in the' next couple of weeks we should have. the second draft, Mr. Mayor. ; i E 29 October Vie Mayor plummy: We don't get a reimbursement of expenses. � Mayor, 5u►re: You kniow, we are going gray trying to involve ourselves in tie And we know people, we '= �,. details of government, and we are offering to do more. doorshave, rthi at is *i spanOng have people trying to beat down our me, he said happlied ty # and s a i fellow who called Body Shop owner, for work for the City of Miami never have made it now. Mr. Williams: We don't do body shop work outside, Mr. Mayor. Mayor Suarez! I referred them to you and you said you put them on a list for just didn't want to tell me we body shop work. 11 mean, you know, maybe you don't do any of it. Mr. Williams: We are not going outside. We are doing that work in-house. Will get that to you. Mr. Mayor,, in answer to your question, sir, no, we Vine Mayor Plummer: Mr. Mayor, let me put one other thing on the record. - Without addressing the issue in ' And this goes back of my argument for years. is bid in the City of Miami. This bid, to the awardee, ' parti cut ar,, this a whoever that might be is about three thousand dollars for a one day event. to take in all kinds Almost fifty pages is the bid. Fifty pages to fill out, especially for a minority who needs of time and effort, and I am sure, money, fifty pages. And about half of pages tell you why you can't qualify. help - And I said this before and I am going to say it again, the bids that We0writI in,the City are almost bids that say, hey, you bid but you, can't _Win. the example I've made for ten years, when a friend go back and I11.1 make same of -mine called me and said you insult me, and I said why? He said I am in the in the City of Miami, motorcycle business, I.sell Kawasaki. You put out a bid back of the Harley book and ask me to bid on it. i can't. taken out of the On1ya Harley dealer and there is only one in the City of Miami. We need to. the revamp our bidding procedures to expedite, tonotput people... one of; heard, I don't want to go through your damn procedures to reasons that I've bid in the City of Miami. And when'you come to a point where a contract to fill all _ -<the awardee is three to four thousand dollars, and he has got to out forms;, tome if that's not one of the problems , i don't know what is. of these commissioner Alonso: Well, then the system will have to be changed.' Vice; Mayor Plummer: I've said that for years. Commissioner Alonso: Because it is against minorities, it's `again, the local been conveniently created to keep them` vendors and it seems to me that it has ` bothers,me. And I think.that we are here to change whatever itaway-,, needs to be changed in order to protect the people of Miami. And 1n order.to create jobs and opportunities, it=will have protect the people of'Miami and to to: directly, helping minorities as well as local vendors. And every -be Commission meeting I go over the same thing. And I look at the numbers and I these figures by the number of things don't know how we are going to improve that we are approving. And then they tell us you are going to stop. We cannot function if you don't approve these items. Then we go and approve the Commission meeting with the same story items and we face again the next repeated again. I think enough is enough. It has to be changed. 31 October 31 1991 11' ay�r uare You,�,v+e +dot some ideal that hnpeful ly, we Can get back i&Vftt r , e lii .islation iW fdn"Ulation of the new procedures -on the fii'at 111e1�t�lligAh November, We ire ,'Ron. expressing exasperation, i It's not with you a�1d� dour efforts but we've got to have more creative answers and involve the Coiniasfoh � , -i' �i n. thoser fis.,:Glorie t. Roset lo.' My dame is Gloria,,. F Mayor Suarez: Yes, Gloria. -4 M Rosello: My name is Gloria Rosello, 3007 NW ?th Street, Miami, Florida. Mayor.j. and, City: Commissioners, I think, ,through the years that .I:have been sitting here,- the is Commissioner :problem what Plummer When60. ,and I hear -this from all over the Cit when I tell� hem, addressed` y y dipn't' YOU bid.. We:says, what for? We know that has... this is the way they talk, this}is not'me. Now,.that has name a and a last name already. We -know who s going to get it. Now, the problem is the following,:Mr. i r. Mayor. $= Mayor.Suarez: With the...? �4 Ms. Rosello: I think... 3 Mayor Suarez:, The problem with the what? Commissioner Al onso: They say it has a name, first name and a last name before the bids are awarded. - Ms;"Rosello: And a -.last name. That's what they say out there, that's not me talking. Now,: I think that what the -problem is, is what just Commissioner Plummer .addressed.:. The problem is `they have stacks of papers- th-is big; 4, • minority, company do ,get those papers and they :are not walked throughthe system.:.. Like., Commssioner De Yurre was saying, it will be nine to have' -a . panel , that, ;.wi 1.1,-take ; its- because i f you" receivea stack of? papers like this; then you have to be'. I mean, they even -tell you�what you have to. Commissioner Alonso: An expert. x _ se j Mayor ,Suarez: Let me ask a question.,.Let me interrupt you on -that. Is there f any, constitution,. or- ,le al g problem -.with waIking,someone 'through the` system unless; you make that offer:.to everybody? r `. Mr. Quinn :Jones:' No; I think` if,;you do : it 'for one, ' to be on the safe"side, you {should do for_ j 4 ;it a11_. Because otherwise, you've got an equal °protection argument. Mayor Suarez: But some will take advantage of it and presumably, have a staff that:has done this many times k , h and they may not take advantage it; so ii, works out,} at 1: right. As.; long 'as we offer `to ,but--, we... '' .it .everybody, Commissioner A]onso:::Doesn't Dade County... r Ms.; Rosello; So they .. y Z t t F 32 October` 3,. 1991.. : � } c Commissioner Aloneot Excuse me, doesn't Dade County have a system that they have"10me sort of committee or something -that they help minorities through Ahe . prOCee"� �nx�. MO& Williamps: So do we, Commissioner Alonso Commissioner Alonso: So that they understand and they know ' haw to Complete the forms# They do. Mr. Williams: Yes, we do that also, Commissioner. Ms. posello: There are so many details, and believe me, there are details in there. You ,take one of those bids and it tells you even how you have to =' stand, how many square feet do they want, if the ceiling has... I mean, everything you could think of is on those bids. So, of course, there are already companies that do have all that implemented because they have done business with_the City of Miami before. And the minority groups, I am sure if you go to the black neighborhoods or the Hispanic neighborhoods, for them' to , t fill out one of those things, it's a task. And I think that's why it needs to be done. Mayor Suarez% I know, if their forms are as complicated as the ones that our own office has to fill.out on a variety of things in the City, they are just typical bureaucratic forms but we have to simplify them. Mr. Williams: We will, Mr. Mayor, but I must contest on the record any implication that there is any impropriety or question integrity of our staff. I think that's very unfortunate that you are provided any information to imply that we;are favoring anybody, we certainly are not, we have no indications, 1 mean we: have no ,desire whatsoever but; to do what you ask here, to include- local,people, to include minorities. And this business about favoring people and competence with the bids going out with people's names on it is very unfair,, -Mr. Mayor, and, we cannot l,et the record reflect that anything other than pure honest compliance with the code of the City of Miami has gone on our; procurement'effort. - vice Mayor Plummer: Well, let me clarify the record because I made one of the alleged indications. I'went back after I was told that -the specs were -,taken out of a Harley book. And the answer that I received, and it was before you, Ron, was, .,the fact that because the City had over. fifty thousand. .dollars ($40 000) yin.Harley parts. in stock, that in fact, Mr. Manager, if you wanted ; Harley Davidson then why didn't you just bid among Harley Davidson. But to senda man who -is a Kawasaki dealer an invitation to; bid, that he can't, is an,; insult. - Mr. Williams: Mr.. Vice Mayor. Vice, Mayor Plummer: So, all I am saying to you, you can ,argue the point whether the fact that the City was legitimate in saying, we've got fifty thousand dollars -worth of Harley parts; we can't buy anything but a Harley, and if --that, is the case,: then so be it. - But to ask another person who -cannot bid to make a bid,=is ridiculous. ...It is an insult. You're telling�him.there is business out there and in fact, `he can't get it. But yet,'you're asking him to try. You're asking him to go through procedures, you're asking -him to 33 October 3, 1991* its- f ix d C I 20. through a bid document fully knowing that he cannot win. YOU know] sometimes this City goes to extremes. How well I remember the little place bicentennial lark when we tried to open that up as a restaurants i said the }, day that those bids were awarded, you are challenging this'man not to SurV via f 'they not only Out in the amount of fat that could be in a hot dog, they Out In there the temperature of a soup, the degree of bread to the -bun of a hamburger, and what they are saying is, if you don't, we will find every Way iv the world to throw you out of there. And you know what; he lasted six months, Mr. Williams: Mr. Vice Mayor, I would ask the Commission to have a little bit of respect for the technical nature of this. You often criticize us for bringing to you protests and complaints by vendors that were not awarded, and certainly, we don't want to bring those to you. But if we are not as precise as .we can be, if we do not address the needs of this City, if we do not act on matters in the best interest of the City of Miami, then you have more of that confusion. Certainly, we hear the Commission, we want to be able to respond, but certainly, we have to do it within the confines of the legislation and working with the new City Attorney, certainly, we will make every effort to improve upon it. Mayor Suarez: All right. Thank you, every one. We've got to try to put some order into our approval of the consent agenda items. Mr. Gonzalez-Goenaga, did you mean to make reference to items 4, 5, 6, 7, 9 and 10 of the regular agenda, or the consent agenda. Mr. Gonzalez-Goenaga: On the consent agenda. Mayor Suarez: All right, why don't you make a quick statement, presumably, applicable to all of those, sir, because we have to vote on the 'consent agenda. Mr. Gonzalez-Goenaga: Well, some relates to... Mayor Suarez: Well do you best to make the specifics on each one and then we will have=to vote on it Mr. Gonzalez-Goe'naga: OK. 1`am withdrawing number 4, for the particular... Mayor-' Suarez: The ones that you are `interested in, ' -go ahead and `make You statements on the records,'sir. Mr,1.Gonzalez-Goenaga:, But I'm tell,.:. -I want... excuse me, your honor; Lwant to 'say why: I- am withdrawing number 4, because it's going to also be used by the Fire Department and I have the greatest respect for the best department in. the City of'Miami,.and probably in the nation. Mayor Suarez: All right. Mr. Gonzalez-Goenaga: Regarding number 5, the computer 'system, I am going to; include 5 and 6 together. Number. 6,consent agenda number 6, is:asking'the Police Department for sixty-four thousand dollars ($64,000). For what?.,:, for photo supplies. What this money should be awarded is to the Citizens ,United Against Police Brutality to be the watchdogs of the Police 'Department''when` 34 October 3, 1991 4 Mug they arrest people& We have had the experience, I have not defied all the Comrnlssioners.regerding'recent beating of a Puerto Rican fellow by'the name,of Ron bon in the Wynwood area, and it has been covered by the press. I'wish',the Citizens United Against Police Brutality would have had these photo°supplies ' in -:order to take not only photos but a video of that beating, So, why should we grant sixty-four thousand dollars when they have not even recovered the hundred -and -fifty thousand dollars that was stolen by somebody at the police' safe many years ago, and still this Commissioners, except with a few exceptions, have done nothing. Omission is worse than commission. You -are conspirators of that robbery. Thank you very much. Mayor Suarez: Thank you, sir. f Mr. Gonzalez-Goenaga: I am going to discuss now, number 7. Number 7, deals with the Virginia Key and some additional compensation for the accountants. I am just going to question. Why do they need additional compensation? Is it the issue that the... there is still a big cloud 1n this development. I do have a lot of requests that I sent letters to the Commissioners, to the Mayor, specifically, to answer eight questions and I have not been provided with one bit of information. I would like to have an explanation, why is it so troublesome to discuss. I will be willing to do it... Mayor Suarez: Well, one reason sir... Mr. Gonzalez-Goenaga: Excuse me. Mayor Suarez: ... is that you sent so many letter and so many of them are filled with such ridiculous allegations, including those that have to do with me, but I didn't particularly want to get into that, that it's difficult just to keep track of them all. Remember, you just sit there and you kind of write L them by hand, and we are receiving three or four every week, we are not sure i if they are directed at us, the City Clerk, or the City Manager... Mr.-.Gonzalez-Goenaga: No, I always... Mayor Suarez: Wait, wait, wait, but on that one, your request on the Virginia- Key plan, we are in fact, preparing answers for you. I have asked the Assistant City Manager to do that and :you will be receiving those. Mr. Gonzalez-Goenaga: But then, maybe, why are they asking for additional money?- Is:it too cumbersome.` Mayor Suarez: That's a well stated question. We'll get an answer from the City Manager. Mr Gonzalez-Goenaga: Thank you very much. :t Mayor Suarez: Any other comments on he consent agenda, sir? Mr. Gonzalez-Goenaga: On 9 and 10. Nine is"regarding the anticipation- on '•f bonds and bond counsel. Well again, I would like to withdraw this even though I have great reservations. My idea is, which''I am recommending to the governor of the State of Florida, that a central fiscal agency "be organized:in, order to avoid all types of counties and municipalities from the ''State of l 35 October 3, 1991 Florida, going into the market and swamping the market, where there should be. an orderly coordinated issue of bonds by a central agency, as a fiscal ageht in order to avoid so many municipalities and counties going at the market at the same time, And this should be governed centrally by a fiscal 'agr�t fir the State of Florida ;.; Vice Mayor Plummer: All right, sir. Vice Mayor Plummer: ,lust for his edification, Mr. Gonzalez, there is a State agency.that presently exists called the Sunshine State Loan Fund, or Pool that is by the State of Florida. Their problem has been, with the market being what it is, that they don't feel that it's feasible to reissue bonds at this time. And that's why they've had some cities to go out on their own to try to accomplish that so that they could do their capital project But to answer ,,,your question, there is a present State organization, Sunshine State Loan, Authority, Fund, whatever it may be, sir. Mr. Gonzalez-Goenaga: But you... the City have departed that... Vice Mayor Plummer: No, sir, we have taken advantage of that in at least one occasion, and we have also taken advantage of the Florida League of Cities Commercial Paper Loan, which also gives... the loan which we have prior to the federal changing the rules in reference to arbitrage, I want to tell you, our loan, we've made money ,off of. So there are State agencies that do have a combined unified effort in exactly what you are trying to say. The problem is, is refunding,_rebonding at this time with the.market being what it is. Mr. Gonzalez-Goenaga: OK. Well that's all for the consent agenda, at the present. Mayor Suarez: All right. Vice Mayor,PIummer: _ Mr. Mayor, I have only one question on the consent agenda, and that's in reference to item 5. Mr. Manager, I am asking, where we have a total unified system, i think it's "Unisys" it's what now it's called, - why are we buying IBM? Mr. Odio: This is for the Northeast Sub -council... Vice Mayor Plummer: But I am saying, why aren't we buying computers that are of the same, without having to cross over and to get the different needs, 'if in fact, our Police Department is totally operating on Unisys, why are we buying IBM for somebody else? I don't know, I am asking the question. Commissioner Alonso: Maybe, they got smart. IBM is much better. Ours are Impossible. Vice Mayor Plummer: Well, that might be the case, you know... Commissioner Alonso: It was the worst mistake that the City of Miami made. Vice Mayor Plummer: But I am saying to you is, it doesn't make sense to me that you are not buying within the system for somebody else that is compatible with the system that we presently have, because they are not compatible. They speak a different computer language. 36 October 3, 1991 i Lt� Lonouea ira: ` Commissidner, the are personal computers to be' used subcouncilst They're not tied in to our mainframe computdr. Cat they're used to do bulletins to the citizens, meeting notices, things like that. And, for that type of use, an IBM base system is better used. We do have IBM base systems in the Police Department for specialized uses, and we find that for this type of use, ah IBM is not only better to use, but it's cheaper. Vice Mayor PluMmer OK. It just... Mayor Suarez: Anything further on item CA-1 through CA-147 Commissioner Dawkins. Commissioner Dawkins: I'm going to pull S and 10 for discussion. Mayor Suarez: All right, with the exception of items CA-8 and 'CA-101 I'll entertain a motion on the consent agenda. Commissioner Dawkins: Move it. Vice Mayor Plummer: So move. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE MAYOR PLUMMER, THE CONSENT AGENDA, WITH ABOVE EXCEPTIONS, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso - NOES: ABSENT: 37 On 1� 5.1 ACCEPT RID: JR ALVAREZ LAND CLEARING - FOR FURNISHINGGROUNDS MAINTENANCE SERVICES AT FIRE TRAINING CENTER (Department of General Services Administration & Solid Waste/Property Maintenance Division). RESOLUTION NO. 91-702 A RESOLUTION ACCEPTING THE DID OF JR ALVAREZ LAND CLEARING FOR THE FURNISHING OF GROUNDS MAINTENANCE SERVICES AT THE FIRE TRAINING CENTER FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/PROPERTY MAINTENANCE' DIVISION AT A TOTAL PROPOSED ANNUAL COST OF'$6,B80.00; ALLOCATING FUNDS THEREFOR FROM THE 1991-92 OPERATING BUDGET,` ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICES, TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.2 ACCEPT BID: ORLANDO FIRE EQUIPMENT - FOR FURNISHING 440 BACK SUPPORT / SAFETY BELTS (Department of General Services Administration & Solid Waste) . RESOLUTION NO. 91-703 A RESOLUTION ACCEPTING THE BID' OF ORLANDO FIRE EQUIPMENT FOR FURNISHING 440 BACK SUPPORT/SAFETY BELTS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT "A TOTAL PROPOSED COST. OF $139229.00,• ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING BUDGET, ACCOUNT CODE %NO. 421201-075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF. PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER'FOR`THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 38 L October 3, 1991 BLS ACCEPT BIDI ALTEC INDUSTRIESs INC. FOR FURNISHING ONE AERIAL BUCKET TRUCK (General Sgrviotl Administration a Solid WaSte Dep�rtm��itj� RESOLUTION NO. 91-704 A RESOLUTION ACCEPTING THE BID OF ALTEC INDUSTRIES INC., FOR FURNISHING ONE (1) AERIAL BUCKET TRUCK FOR THE GENERAL SERVICES ADMINISTRATION AND. SOLID WASTE DEPARTMENT AT A TOTAL PROPOSED COST OF $58, z36DD ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT ,t PROJECT NO. 341178,`ACCOUNT CODE NO. 319301-840 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.) 5.4 ACCEPT BID: DIGITAL EQUIPMENT CORPORATION FOR FURNISHING BASIC SYSTEM SUPPORT SERVICES FOR CITY'S GEOGRAPHIC INFORMATION SYSTEM (Polite Department). RESOLUTION NO. 91-705 A RESOLUTION ACCEPTING THE BID OF DIGITAL EQUIPMENT CORPORATION FOR THE FURNISHING OF BASIC SYSTEM r SUPPORT SERVICESFOR THE CITY'S GEOGRAPHIC INFORMATION SYSTEM FORA PERIOD OF ONE (1) YEAR WITH THE OPTION TO.EXTEND FOR FOUR(4) ADDITIONAL ONE(j) YEAR PERIODS UPON THESAMETERMS AND CONDITIONS FOR THEi DEPARTMENT OF POLICE AT: A TOTAL FIRST YEAR COST OF .$6,930.36; ALLOCATING FUNDS THEREFOR FROM -THE 1991-92 OPERATING BUDGET, ACCOUNT 'CODE --NUMBERS 590201-670 ($3,658.53),``560701-722' ($20184.00) NUMBERS AND 560901.670($1,087.83);:AUTHORIZING, THE `CITY MANAGER TO INSTRUCT -THE CHIEF PROCUREMENT OFFICER TO ISSU PURCHASE "ORDER FOR ''THIS SERVICE AND THEREAFTER ETO EXTEND THIS CONTRACT ANNUALLY, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and ( on file in the Office of the City Clerk.) P 39 October 3, 1991 L k0/ $ 4 ACCEPT BID: HOME COMPUTER AND OFFICE PRODUCTS (dtb/e CASCADE DEVELOPMENT CO*) - FOR FURNISHING TWO IBM COMPATIBLE COMPUTER SYSTEMS (P61 C4 RESOLUTION NO, 01-706 A RESOLUTION ACCEPTING THE BID OF HOME COMPUTER AND OFFICE PRODUCTS D/B/A CASCADE DEVELOPMENT CO. FOR FURNISHING TWO (9) IBM COMPATIBLE COMPUTER SYSTEMS FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF $64400.00, WITH FUNDS PREVIOUSLY ALLOCATED FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 660001; 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.) 5.6 ACCEPT BID: MARDEL PHOTO SUPPLY - FOR FURNISHING PHOTOGRAPHIC SUPPLIES (Police Department). RESOLUTION NO. 91-707 A RESOLUTION ACCEPTING THE BID OF MARDEL PHOTO SUPPLY FOR FURNISHING PHOTOGRAPHIC SUPPLIES ON A CONTRACT BASIS FOR A PERIOD OF ONE YEAR WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL ONE YEAR PERIOD FOR THE POLICE DEPARTMENT AT A TOTAL ESTIMATED FIRST YEAR COST OF $63,501.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT 1991-92 OPERATING BUDGET, - ACCOUNT CODE NO. 290201-722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR 'THESE SUPPLIES AND THEREAFTER TO EXTEND THIS CONTRACT'FOR AN ADDITIONAL ONE YEAR PERIOD- ATE THE SAME --'PRICE- TERMS- AND CONDITIONS, SUBJECT -TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 40 October 3, 1991 46. ,t 6.7 AMEND AGREEMENT WITH SHARPTON, BRUNSON AND COMPANY, P.A. (Certified ;a Pubiit Accountants) = INCREASE COMPENSATION FOR SERVICES RENDERED RELATED TO REQUESTED ADDITIONAL ANALYSES OF THE FINANCIAL CAPABILITIES OF THE SELECTED DEVELOPERS (BAYSIDE SEAFOOD RESTAURANT, INC. AND THE VIRGINIA KEY MARINA, INC.) CONCERNING THE VIRGINIA KEY BASIN PROPERTY, RESOLUTION NO. 91-708 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT DATED AUGUST 3, 1990, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SHARPTON, BRUNSON & COMPANY, P.A., CERTIFIED PUBLIC ACCOUNTANTS, INCREASING COMPENSATION, IN AN AMOUNT NOT TO EXCEED $1,256.25, FOR SERVICES RENDERED PURSUANT TO A REQUEST BY THE CITY RELATED TO PERFORMING ADDITIONAL ANALYSES OF THE FINANCIAL CAPABILITIES OF THE SELECTED DEVELOPER (BAYSIDE SEAFOOD RESTAURANT, INC. AND VIRGINIA MARINA, INC.) TO DEVELOP THE VIRGINIA KEY BASIN PROPERTY; ALLOCATING FUNDS THEREFOR FROM FY 1991-92 BUDGETED FUNDS OF THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION, ACCOUNT NO. 590101-280. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.8 EXECUTE AND FILE DECLARATIONS OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES. RESOLUTION NO. 91-709 A RESOLUTION AUTHORIZING THE EXECUTION AND FILING OF DECLARATIONS OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES AND RELATED MATTERS; PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4 r r i t t 41 October 3, 1991 ENDORSE AND SUPPORT CIVIC EFFORTS OF CYSTIC FIBROSIS FOUNDATION TO CONDUCT: DIKE -THE -BAY, A COUNTYWIDE BICYCLE TOUR TO RAISE FUNS CYSTIC,FIDROSIS. ,. RESOLUTION NO, 91-710 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING AND SUPPORTING THE CIVIC EFFORTS OF THE CYSTIC` FIBROSIS FOUNDATION TO CONDUCT "BIKE -THE -BAY", A COUNTYWIDE BICYCLE TOUR THROUGH "SEVERAL MUNICIPALITIES, INCLUDING THE CITY OF MIAMI, TO RAISE FUNDS FOR THE VICTIMS OF CYSTIC FIBROSIS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.10 GRANT REQUEST BY MIAMI RUNNERS.CLUB, INC., FOR USE OF DESIGNATED STREETS IN COCONUT GROVE DURING THE ORANGE BOWL 10K RACE. RESOLUTION NO. 91-711 A RESOLUTION APPROVING THE USE OF CERTAIN STREETS AND THOROUGHFARES IN COCONUT GROVE -DURING THE ORANGE BOWL 10K RACE TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB, INC., ON DECEMBER 28, 1991 BETWEEN THE HOURS OF 8:00 A.M. AND 11:00 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; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN UPON THE, ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND FEES;, ASSOCIATED WITH SAID EVENT AND: OBTAINING INSURANCE TO::PROTECT THE _CITY IN :THE AMOUNT -.AS PRESCRIBED BY THE CITY MANAGER OR, HIS DESIGNEE. (Here .follows body .of resolution, omitted here and; on file 1ni the Office of the City C1-erk.) . littipsF � � ; I 1 5.11 GRANT REQUEST BY MIAMI BOOK FAIR INTERNATIONAL, INC., FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE 1991 MIAMI BOOK FAIR INTERNATIONAL STREET FESTIVAL ESTABLISH TEMPORARY PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS. RESOLUTION NO. 91-71 A RESOLUTION RELATED TO THE 1991 MIAMI BOOK FAIR INTERNATIONAL STREET FESTIVAL TO BE CONDUCTED BY MIAMI BOOK FAIR INTERNATIONAL, INC., ON NOVEMBER 15- 17, 1991; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND } ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.12 GRANT REQUEST BY MIAMI RUNNERS CLUB, INC., FOR USE OF DESIGNATED STREETS IN COCONUT GROVE DURING THE BABY BOOMER 10K AND 5K ROAD RACE.` RESOLUTION NO. 91-713 A RESOLUTION AUTHORIZING TO THE USE OF CERTAIN STREETS AND THOROUGHFARES IN THE COCONUT GROVE AREA DURING THE "BABY BOOMER" 1OK AND 5K ROAD RACE, TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB, INC., ON DECEMBER 1, 1991, BETWEEN THE HOURS OF Bs00.A.M. AND 11:00 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; CONDITIONING ALL APPROVALSAND AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH' SAID: EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 43 October 3, 1991 ;r 1 Mrs Odibi °Noy it pays"for training�� ; CO'Missioner Dawkins: , Training? x z Mr. Odio. It pay for train... ` Co�nnt ssioner t ar ki iss All right, who does the training? Mr. Odio: We have:.. I''have to get 'you the details of the grant. I don't` have it here in front of me, but it's basically for training, for having k meetings with-, the general employees and , management, on the' facts of labor- F managementcoMittees. t Commissioner, Dawkins: OK, well tell me then, how you would spend $620000' having meetings? Mr. Odio: It Pays for the salary of one person for the total year.that we r 5' normally would have had to pay, from general fund. I'll be glad to give you a" copy of the budget. t Commissioner Dawkins: But the ' grant specifically said, you can't... you're ,ty not supposed -to supplement I mean substitute - for a position. You're' supposed to add to.. So now, if ;you're taking money to pay for a person, r You're substituting general fund money with grant money. Mr;' -Olio: You're not substituting. We knew we got the grant coming, and the person will be paid from, from federal grant. Commissioner Dawkins: You knew you had the grant coming. I understand that. ' t ' You also'" knew that you had a. -budget shortfall, and - this money should -be on Ahe side`: it should not be in with the general fun d, because you''re usin it to 9 balance..the budget.. " I move Be _ Mr. Odio:,Commissioner... !, Commissioner. Dawkins:. I move; 8.. Mayor Suarez:` A11•right. Mr,;--Odio:; ...that's your. opinion. Mayor Suarez: So'moved. " r Vice"Mayor Plummerr- Secon& b i Mayor.Suarez:v,,1econded. Any discussion? If not, please call the roll.J ,E 5 Y A. tt 46 October 3, 1gg1 r 4 The following resolution was introduced by Commissioner Dawkins, who Moved its adoption RESOLUTION NO, 91-714 A RESOLUTION ACCEPTING A FEDERAL LABOR-MANAGEMENT COOPERATION PROGRAM GRANT IN THE AMOUNT OF $629088; AUTHOR121NG THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A,FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FEDERAL MEDIATION AND CONCILIATION SERVICE FOR THE CITY TO PROVIDE LABOR-MANAGEMENT COMMITTEE SUPPORT SERVICES IN CONNECTION WITH SAID GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plumper, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. E ABSENT:, None. is -- - 7.' DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING. CITY, ATTORNEY TO. ENGAGE: (a) HOLLAND AND KNIGHT, AND,.(b) KUBICKI,'DRAPER ;'GALLAGHER AND MCGRANE - TO PROVIDE BOND COUNSEL SERVICES FOR ` REFINANCING OFF-STREET PARKING DEPARTMENT'S SUBORDINATED DEBT $6 065 000 See label 18). --------------------------------------- ----------- --------------- ----- --=---= Mayor Suarez: CA-10, last consent agenda item. Commissioner Dawkins: CA-10, somebody, anybody. I've been yelling and screaming ,again to no avail.,It says you're going to give the bond work to Kubicki Draper' Gallagher McGrane and Holland & Knight'. Which of those firms is a mi,nority firm? Holland & Knight? OK. Commissioner De ..Yurre said. I Holland & Knight. Robert Friedman, Esq.: My name is Bob Friedman, I'm a lawyer with Holland & Knight. Kubicki... Commissioner Dawkins: Wait, now listen to me closely. I'm going. to ask_ my question again, OK?.` E Mr. Friedman: I'm... i F: 47 October 3, 1991 1, 1,. buy.? " 4 YN � _ Yv Knight, that they gave them a minority law firm. And that their bond....the chAirman, the person, the lawyer in charge of their bond work is a minority,, And�!we were told by the County Attorney that that was... and we understood ; that to be a partnership that brought in a minority thing. In fact, that's . what the board--actr al ly requested Commissioner be Yurre: Now, is that.., let me ask the City Attorney's'Offioe. Quinn, the names that were given of the firms, was that because they're part :. Yz of the,., that they were next in the rotation or are they part of the rotation r- or -what?: ,. Mr, Cook: My understanding is that they were - and I don't know who in my office may have advised them in this regard. Commissioner'.De Yurre: Do you know who your department spoke to? Mr: Cook: I'm embarrassed to say being the new executive director, I don't, but I'll find out. A. Quinn Jones, III, Esq.: But in any event, it's my understanding that DOSP board was informed of the City's rotational list, and given those particular names from to choose from. whom Commissioner De Yurre: To choose from, or next in line? Mr. Jones:. To choose from. Commissioner De Yurre:Because my :understanding is you're supposed, toi you know, rotation.means whoever -is -next gets it. -Mr.:-Jones: Yes, because .they're: not on a rotational. list as such. ,.DOSP, ."_ mean i ng. - DOSP . Mr. Cooks' I believe that these two : fi rms are the - what I was told - were approved as a team. And that the price was negotiated by the City Attorney, The: Off -Street,, Parking: board went ,at, this: ;believing that wel had a minority organization that placed in that area. I believe that George Knox is trying to.get1.here to speak on this issue:.:' Unfortunately, he's running late. Mayor.Suarez:;-.What°�is... Comm ssioneri Dawkins: Tell him I say, stay where:.he is.. i Mr. Cook: OK. �. Mayor Suarez: What is his involvement? -just out of curiosity. Is he with your firm? Mr: Cook: - He's-,apartner ,with Draper. Mayor Suarez: All -right, Commissioner Dawkins. Commissioner Dawkins: He is'a partner? ; ' r 49 October 3, 1991 415 G .Mun •�r.NyYR". oli ii eelortier �aWkin when?,' sinca when? r rjl g. A. ^E o iis3loner Wyere: Nine a"tlaek this morning. y � (LAUDH'����. k. l" nr Mr. Cook: No that... He's been a partner for at least six months to eight ,, r �nonthsy i can guarantee`yqu. How about... six to eight months. :A Commissioner Alonsot This is greats i. Commissioner De Yurre: °This is the last five minutes, you know,'when things ant start getting,.. Mayor Suarez:` Make thaiman a.partner.real quick. Mr. Cook: We made him one. Commissioner Dawkins: You know, it's disturbing, Mr. Manager - Mr. Mayor - to sit :here :and gohrough. this, you ;know. It.. almost makes_ you want to resign :a from the Commission and become an activist. You know, you get more done out here being 'an"activist'`as you do sitting up'here'`trying to be a policy maker.: 'if her De Yurre: You make more money, that's for sure. Commits Commissioner'Dawkins: Because you sit here and'you work collectively with the Z rest of the Com issioners saying that we have to do this, and you don',t get { n g y g d say, well- if you all don'Vdo o hin� ��done But when' •ou'' etr out there 'ane this for us, we're going to do that, it looks like you get more done. Soy how much partnership George Knox got in this firm? j, Mr-�'Cooki I'll iet the .attorney for that firm speak. j CommissionerDawkins: Yes•, let them:.. thank"�you, Mr.:.°um hmmni Commissioner Atonso: After this, 50 percent. Commissioner Dawkins: What partnership? -one-fifth, one -eighth, one -tenth? '! David Kaplan, Esq.: Commissioner Dawkins, unfortunately, I:m not a partner, in i; the i'i rm°F so I'm'privy �to how... Commissioner Dawkins: We11'You 're not a partner? Mr Kaplan; I th'-not a =partner. y i� Commissioner Dawkins: What are you, sir? { , x . Mrs Kaplan: An associate. Commissioner Dawkins: Just a'lawyer working there? " i r 50 October 3, 1991 ;' S '�q�u�as�.ro:Y�taazr «t..tR+xsv�rts+.u,vt�' „ Mayor Suarez: Father Marquess Barry. Father Richard M. Barry: Guess I'll refer to the Manager4 Mr. Odio: I'm pleased to report significant achievement during the six month period that we were asked to report on. Increased percentage of black sworn personnel from 11.9 percent to 21 percent in the Police Department, And I believe that percentage will change now as the retirements become effective tomorrow... to be hired, 21.70 1 believe that were done included black representation within the polygraph detail, instituted a uniform notification system to applicants; operation of Overtown Mini Police Station during the most public demand hours from 8-30 to 1830, Monday through Saturdays, increased citizen participation in several new community relations programs to address concerns and elicit feedback from all areas; continued to provide a stress management and human relations courses to law enforcement personnel in such courses as Creole and ethnic sharing, reviewed and instituted changes in the operation of the background unit including training of personnel, daily calibration of machines and audio -taping of sessions. The Department of Personnel Management developed a completely new state-of-the-art police officer examination with the assistance of tri-ethnic advisory committee of psychologists. The examination was administered for the first time during the week of August 19 of 191. Allocated $1,961,000 - that's 16 percent of the City's 17th year Community Development Block Grant - for activities in public housing projects in the City of Miami. Eight hundred and fifty thousand ($850,000) for public housing modernization improvements, $86,000 for improvements of the community building in Rainbow Village housing complex in Overtown. Twenty-five thousand ($25,000) for operation of the child care center in Rainbow Village; one million dollars ($1,000,000) for public service activities - that is elderly, child care, health care - which serve and benefit public housing residents. The Departments of Planning, Building and Zoning and Community Development awarded a grant of $100,000 for the Overtown Advisory Board and the Florida Center for Urban Design in preparation of a comprehensive development action plan for the Overtown area during fiscal year 191-92. Rehabilitated 1,033 dwelling units in the Overtown neighborhood since 1980. During the next six months, the City will aggressively pursue further action to implement those recommendations still outstanding. I may say we do have a very good relationship with Father Barry and his group. They have... I read the report he's about to read, and we agree with him. Mayor Suarez: Mr. Manager, on the units rehabilitated - I know this is going to require a little bit of an effort, but if you could have the Housing Conservation Agency prepare a little map with dots for each such house and make it available to the panel and to each Commissioner. We don't doubt that they were, in fact, rehabilitated over that span of time, but it would be nice to see the concentration, where it is, and maybe, from time to time, we may just want to go out there and check to see how they're doing. The single family rehab program of the City is an interesting one. It's under federal guidelines. It, initially, doesn't have much of an impact because they are just one unit at a time. For the families in question has an incredible impact. We're trying to get one done right now in Liberty City for some people that are living under the worst conditions that I've seen who I happened to meet. But collectively, in the aggregate, if you can show a visual picture of the impact, it might illustrate better what the program is doing. The multifamily rehab, we know, has not gone well in Overtown, 52 October 3, 1991 WNW Wynwood, and areas where people don't apply because they... and I've ' criticized the department, Housing Conservation Agency, and the City generally. if people don't apply, they say, then we have no one to work with. And they haven gone out there and looked for builders to apply for the multifamily rehab in those areas. In Wynwood, hardly ever happens. In Overtown, we've had a few. Some have not done particularly well, and then some have jacked up the rents so high afterwards that, you know, they almost f don't become really affordable housing any more. And we have to be proactive in multifamily rehab. In single family rehab, I would like to have that little map. I think it's feasible, is it not, Mr. Manager, to get that to us? And it will be illustrative and some of us might just take the time to get in our cars and go out and check some of those homes and see how they are doing now, see who's living there, see if the lives of those people was impacted positively. And get a view, you know, of the aggregate impact of it. I've t got some other concerns about the response to your recommendations. They're very much along the lines of what Vice Mayor Plummer was trying to accomplish t with the police deployment hearings. And this is not, in any way, a reflection on the job being done by the Police Chief, who has just taken over very recently. But we have not given up. We have not given up on a wholesale change to the way police are deployed. People are still asking for more walking beats, more decentralization, more visibility preventively. They wouldn't mind seeing some of those motorcycle police officers who do other things. I know they bring in $2 million dollars a year in tickets, traffic tickets... Vice Mayor Plummer: Not any more. Mayor Suarez: Not any more? Vice Mayor Plummer: Just for your information, we are now down, we have 33 motorcycles, and we have nine policemen assigned to motorcycles. Commissioner Dawkins: Run that by me again, J.L. Vice Mayor Plummer: We have 33 motorcycles, which is what usually was the !, complement of the Police Department. We now have 9 officers in that enforcement unit. We still got officers out in bay chasing yellowtail We've still got officers in boxing programs. We've still got officers in the property bureau, we've still got officers doing background checks. But we don't have officers on the street. Commissioner Dawkins: Mr. Manager, how many. motorcycles did we purchase l i recently? !' �1 Vice Mayor Plummer: Thirty-three. f Commissioner Dawkins: No, we did not. Don't tell me no 33 now. ;No, no,.no, i no. } Vice Mayor:Plummer: Well, it wasn't the entire... Commissioner Dawkins: No, no, no. Mr. Odio: Twenty-seven. 53 October 3, 1991 I t ti s 060missiooer Dawkiat What's --All the1lew bicycles we purchased? a� x ti Vice Mayor Plummrs Well, that's not the full fleet., ks, Comissionor Dawkins,, No, 00, no. See, wall, Y know.., well, let me ask my',, questions then you can ask yours, J.L.. How many new motorcycles did wa purchase?_ jw Mr,-Odioi Twenty-seven. Commissioner Dawkins:- Twenty-seven? Mro Ddio:. Twenty-seven. t Comissioner Dawkinst And 27 motorcycles cost eighty some thousand dollars? '� 4 Mr. Odio: No; how much did they cost? t Vice Mayor Plummer: No, more than that. No, you're... = , Commissioner Dawkins: All right, how many new motorcycles did we purchase when we purchased the last large batch of motorcycles? ep Mr. Ron Williams: Twenty-seven, Commissioner. Commissioner Dawkins: You got 27 new motorcycles sitting over there in your shop now, Mr. Williams. Mr.r. Williams: Not 27, Commissioner. We have a few in there. It is my understanding that the-patrol,'that' the motor patrol, has been. reduced, and I. don't know to exactly what level that is. i Commissioner Dawkins: All right, you're telling me that in the last two years, we only purchased 27 motorcycles. Is that°what you're telling me?a u y ' Mr:: Wi 11 lams: Wel''1,. the last purchase was, a year and -a -hat f ago, and it was, x r for 271bikes. • Commissioner -Dawkins: How many before that? Mr.-Wi11iems: I��don't` remember:exactly, Commissioner. i'11 have to. go back and', check my:recdrds. I've`got.the full fleet data here for your information 1. though. r `. Mayor Suarez: But, in the meantime, one other question while you check that s out: °We"have just,bought>27.:motorcycles - How many officers° to ride them? Vice Mayor Plummer 1s.saying that you're down to .:... Commissioner Dawkins: Thirteen. s Vice Mayor Plummer: There were eleven and two retired.' 54 October 3, 1991 �i 77 Mayor Suarez: A contingent of nine officers. And I saw a group that was four i -hers, -t :think, three .of whom were motorcycle officers, that were at the '. reception for President Bush the other day, who were retiring accordingi to fir z �L � f ti 1 what they toi d one �2 Commissiener,Alonso: How many? Father Barry: Mrs Mayor.. ; Mayor Suarez:Three? Father Barry: Mr6 Mayor... Vice Mayor Plummer: Aukamp and Choate. Father. Barry I'm kind of lost here now. We're supposed to be getting the Overtown Independent Review Panel, and we are talking about.: the Police Department.. Don't do that to us. Vice Mayor Plummer: OK Mayor Suarez: That was my fault. Father Barry: OK? Mayor Suarez: I thought one of your strong recommendations over -the months up to,now.... Father Barry: Yes, yes, but that is just one small part of it. I j Mayor.Suarez: I know, but that's the... r Father�Barry:.:One small part of it. _ Mayor Suarez:'; Father, if I may. The one'that I.think that the administration was least responsive to and I've seen' ail reports as they :came in, :and:'the . response of the City, was the whole issue -of police deployment. ' Father Barry: I -think the -Police Department has been the one that has tlone more.,.; Wei have'... j Mayor.Suarez: If you'.re satisfied with.�police deployment, then`IYwon't go into i t 1 n connection with : your , report. 44 Father -Barry:° No I did not say that. t Mayor Suarez: I'1 1 continue my private battle on that score,sir. s Father Barry: I did not say that. Mayor Suarez: All right. , said Father Barry: But I that the Police Department has been one of the most responsive... 55 October" 39 1991 Ail Mayor Suarb I have no doubts of that. Father Barry: ...departmentswithin the City concerning the 'Ov9rtbA Independent Review Panelt ism not going to read all of this. You have a copy Of this. But I want to 'publicly thank... Mayor Suarez: Wait, wait a minute, wait a minute. I was hearing a certain amount of laughter and mirth, and I wanted to just be sure that it was not related to your presentation or our reaction thereto. And I have just ascertained what it was about. And if we could just sort of contain ourselves, go ahead. [gather Barry: I want to thank Dr. Daniels, I want to thank the City Manager, and all of those persons who have helped us in the task given to us and your adoption of Resolution 91-20. We did, however, in this note to you state that there were some areas that we wanted you to look at very seriously and in more depth. They are listed there. I don't want us to get sidetracked and isolate any one department within: the City.' We want to look at the whole thing' to make sure that these` recommendations made by the Overtown Independent Review Panel are carried out in a timely manner. Those further recommendations that - we ask you to look at, we do that in all sincerity. And, you know,lwhile'i'm standing before you, I need to also tell you that the panel is looking very seriously, not only at the Police Department and the other departments, but we are looking at -the Fire Department. You know, we believe that the panel's mission is to eliminate as best it can institutional racism within the City of Miami. And as.we look at that, we need to go back... you know, your confusion this morning, about the term minority, we need to go back andreally'define minority. -. You, know, everybody in the City of Miami, when it's convenient for them, 1s'a minority. We need to go,back, and we need to clean that Vord-up. We.also are interested in what's going on presently in the Fire Department. ;i watched -with` interest that a division chief has been appointed ° from .the rank of %lieutenant, 'a blind appointment I think, over those who are better qualified within the department. I want to know why. There are some black captains in the Fire'Department-who certainly deserve to have been given some serious consideration to be made division 1`chief, or, even Fire Chief '.for, -,that, matter.. But we need to get a clear understanding in our minds about that term minority. We need to be fair and honest about the fact that what we are seeking to attack 1 s institutional racism. You have the power to eliminate the institution of racism because you are the policy makers. The panel is watching=.that very closely. I want to thank you for your kindness to the panel, your cooperation. Again, we would not have been successful as we have in really reviewing all of these matters given into our hands if it were not for the competent help of Dr. Daniels and her staff, Mr. Tony Crapp who served as a resource person to us and our attorney. `We are indeed -grateful to you for' giving us the' opportunity to-- be of service, and we look forward to the next report. And we hope that these items that we have isolated here would be addressed more fully.` Mayor Suarez: Thank you. Father Barry: Thank you. 56 October 3, 1991 Mayor Suarez: Father, on point number seven regarding the Creation of a $10,000,000_economit development fund to serve as a source of financing for projects developed under the auspices of community/neighborhood based economic -development organizations. As we get into the next CDBG (Community Development Block Grant) round, you know we have a tension here and a trade off and a difficult decision to make. Many, many people have been Criticizing the allocation of CDBG funds to some of the organizations who use it for administration, who don't get the projects off the ground. I think you know of some of those criticisms. In fact, some are leveled at one in the Overtown area. It has been proposed that those monies would be better used if we pool them together, not to allocate then to certain economic development entities unless they're really, really beginning to get something done, and try to apply them to major projects. Father Barry: Well, Mr. Mayor, I would be remiss if I did not say to you that I sit as chairman of the board for a community development corporation that has had excellent ideas. We have carried out everything that has been asked of us. But those in power have blocked our projects 'consistently. We had recently someone from the Middle East who wanted to underwrite the building of a hotel project downtown sponsored by a community based organization. It was the City's ineptness that caused that developer, that finance to be lost. You know? -so I'm not so sure that we want to eliminate community based organizations without first looking at their record and their track record. Mr. Odio Father, I... Mayor Suarez: Would you involve yourself and inject yourselves in the process of the CDBG allocations, and give us your feelings at the appropriate time on whether to head in a direction of more capital formation with that fund as opposed to more distribution to certain local development groups, or the other way around, or a substitution of some. There may be some people out there who have the right idea, but they're the wrong people to get it done. And we need your input on that is what I'm saying. Father Barry: I think in many instances that's part of the problem. We have... there are people out there with the right ideas, but they're the wrong people to get it done. Mayor Suarez: That's... Father Barry: Yes. Mayor Suarez: ...what I thought you might say. Mr. Manager. Mr. Odio: On the statement on the hotel, Father that is not a correct statement. Bert Waters could brief you on that if he would. Father Barry: I'm telling you what I know. That every time we... Mr. Odio: That's what they say, but... Vice Mayor Plummer: But, Father, Father, tell us what you know, because I happen to agree with the Manager that it's not a true statement. There's no man sitting up here or lady, who has sat here longer who has backed that CBO (Community Based Organization) involved to the hilt. 57 October 3, 1991 Father Barry: Yes. Well, wet,66 Gam` h? vi to M00 l uftgrt And the i hatti on r F i Jk 1 t5 � . Fa�the Barry:: .ewe could not gat t6m the City, the necessary. g ar nt es beetled. It's not true? a Vice Mayow'Pluirinert. It s. not, Father. Father Barry: Ott if it is not true, then I need to go back and check my 4' records, -But everything that I have seen... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Father Barry: OK. Vice Mayor glummer: But I want to know if you know something different than I do? Father Barry:: You let me go back and check my records. Vice Mayor Plumper: Please do. And .if you find it... Father Barry: Everything that I have seen... Vice Mayor Plummer: if you find it... h�. A5 Father Barry! ...would indicate to me... Vice.Mayor Plummer:. Please. , Father`Barry: ...that we did not get the necessary guarantees needed to have those $30,,000,000 pumped into,the;project. Vice Mayor Plummer: If :.you find it, to be different than my knowledge, 'd i i ke to know it" -_I Father Barry: OK, thank you... r 58 October'3, 1991 %M1 6Mf%F1MR1% 116AI MYM&L 1v1r6vVnr wvv PIV 1 VnV 1 WI.&.%/ I vl. II"& I .. (e NUMB_OF-OFFASSIGNED TO MOTORCYCLE DUTY. (C� COMMEND ASSISTANT CHIEF ARNOLD GIBBS REGARDING RECENT UNREST IN LITTLE HAITI>AREA.. (0) PERSONAL APPEARANCE: PRED ST. AMAND, OF THE LITTLE HAITI CRIME PREVENTION COUNCIL, REQUESTING UPDATE ON CITY INVESTIGATION ON DRUG CONTROL. Commissioner Dawkins: Mr. Manager, will you provide my office with the number of motorcycles available? Because the next surplus motorcycles- have --been, earmarked for Haiti, and I need to know so I can alert the individuals in Haiti how many motorcycles they can expect. .:a Mr. Odio: Yes, sir. Commissioner Dawkins: Thank you. What's next? -item 4? Mayor Suarez: Yes, thank you, Father, for the report. You will be ,getting; once again, my comments and observations on it. Lieutenant, as long as you're up in the mike, and if you know, maybe the Manager knows. Just how many officers. are going :to be assigned under the new budget to motorcycle duty? Lt. Joseph Longueira: I believe what they currently have is.what they'll have for the.next twelve months. Mayor Suarez: God, you sound like a lawyer more and more with time. How many is that? Lt. Longueira: Chief Gibbs thinks they have twelve. But it... Vice Mayor Plummer: Sir,. they have nine. They had eleven as of -yesterday. Two are retiring,today. Mr. Odio: We have 12 motorcycles. We have two people hurt, sothey are actually; en in operation right..now. Vice -.:,Mayor Plummer:- You have... Officer Aukamp and Officer Choate that are retiring today,' bringing you down to a total of nine. Mr. Suarez: Three down....? I saw three over there, yes. Comm ssioner Dawkins: So that gives us: eight. Vice Mayor Plummer: Three are retiring? INAUDIBLE COMMENTS NOT, ENTERED INTO THE PUBLIC RECORD. 59 October 39 1991` 7k jv.at , Vice Mayor Plummer: OK, well that was the last minute, then so there's Comissionar Oawkinsi So that gives us eight. } Mayor Suarez: Sounds like we've got a lot of motorcycles to give to the City i Vice Mayor Plummer., So.that.., if we use your 12, it's back to nine. Commissioner Dawkins: So now, what are we going to do now?Because we said we weren't -.going to replace -anybody. Or is that three in the 27 that we're going to replace or what? Vice Mayor Plummer: We're going to put more out chasing yellowtails and... Commissioner Dawkins: Well, I eat yellowtails, so I can't help it if you '` don't like yellowtails. Y Mayor Suarez: Assistant Chief Gibbs, would you just come up to the mike, -You did a magnificent job on Monday night, sir. I want to take this opportunity on behalf of the Commission and the citizens of Miami for what I witnessed, and I'm sure Vice Mayor Plummer and the rest of the Commission who :were listening to the radio commands, was a magnificent job that you did, as always, in organizing a very quick mobilization to respond to something rather unexpected that took place. Assistant Chief Arnold Gibbs: Thank you, Mr. Mayor. Mayor -:Suarez: _.Having said all those nice things, what are we going to do with the motorcycle unit, sir? Ass't. Chief Gibbs: We have plans. Mayor Suarez: What is your recommendation? Ass't. Chief Gibbs: Right now we're exploring the possibilities of increasing the unit:. Basically, it's contingent upon our replacement of some of the .duties that are being performed by sworn personnel with nonsworn. We're going to hire, as you're -aware... Mayor Suarez: ;So -you would take,.some people who were behind desks somewhere and property room and background searches, etcetera, and possibly put them on motorcycles? 'Is .that... Ass't. Chief Gibbs: Those are the things we're looking at now, sir. Mayor Suarez: Now, are the motorcycle officers;going to: do something other than escort dignitaries, and give traffic tickets? Commissioner Dawkins: And funerals? Mayor Suarez: And funerals. Vice Mayor Plummer: Yes, sir. No, no, they always do. They are just... 60 October 3, 1991 W� - Mayor Suarez: Well, I want it clarified because I've noticed basically, it s an informal observation. The fine officer that you have that is always ticketing people here during rush hour on South Bayshore, I've alerted you to that issue. I know that people do try to get over in the right lane from the. left lame on Aviation and South Bayshore at BOO in the morning, and I think Lt. Longueira pointed out to me that, in fact, that does create an incredible traffic hazard. But the officer stopping ticketing everybody, the motorcycle officer - and I've even told you who it is because he seems to be the one assigned to that task.a`Il the time - he also creates an incredible traffic jam during, rush hour. Now, maybe somebody ought to review whether that's the best time to give people tickets for doing that, or whether that officer could be used in some other capacity. Vice Mayor Plummer: Mr. Mayor, just for your edification. Both motorcycles and canine are the last to be used for regular dispatch patrol. But they are routinely dispatched on routine calls when patrol is tied up. Mayor Suarez: I have never never seen a motorcycle police officer respond to a regular call on a crime that's been committed. And I have never seen one doing what I think they. could be very good at doing - and I've mentioned this to you and I think you agree with me - which 1s to somehow prevent crimes by hiding with those nice motorcycles behind buildings and in places where crimes might be committed. Biscayne Boulevard comes to mind, and other parts of the City. Vice Mayor Plummer: Please don't use... Commissioner Dawkins: Sixty-second Street. Mayor Suarez: Sixty-second Street. Vice: Mayor Plummer: Please don't use the word "hiding," Mr. Mayor. That's. Mayor Suarez: I used the word "hiding." Vice Mayor Plummer: No, Mr. Mayor... Mayor Suarez: I think they should hide. Vice Mayor Plummer: Mr. Mayor, that's...` Commissioner Alonsos They do it to write tickets. Vice Mayor Plummer: ...that's cal,led... 'i Mayor Suarez: _ Yes, they do it to write tickets. Why can't they do it to j prevent other crimes, J.L.? What's the problem with it? f Vice Mayor Plummer: That is called selective enforcement. It's not hiding., Mayor Suarez: I want them to hide. To hell with selective enforcement. Right, they can select all they want. 61 October 3, 1991 1 6 i Vice Mayor Plummer: Let them hide, but call it by a name that you can defend. {` Mayor Suarezi These are well trained officers, they've got great equipment. Those motorcycles are very responsive, very fast. You would think that we could use ahem 1n that 'capacity, Are they ever going to be used 16"tha y} capacity: Because if not, I will be one that will be ready,,at some point to crake °a motion that we Il iminate that unit. { Ass't Chief Gibbs: We've been using the motorcycles for a variety of things, Mr. Mayor. In fact, most recently we've deployed them in the NEON (Neighborhood Enhancement Operation Network) area to increase the visibility. There' been some enforcement in the area, but basically, they've been used'to increase 'visibility in the area where we've had the biggest problems 'With prostitution and drugs. Mayor Suarez: Oh, they're visible. They'reaudible too, I mean, you can hear thema Ass't. Chief Gibbs: I think... Mayor Suarez: But do they ever participate in actual arrests of... Ass't. Chief Gibbs: Yes, sir. ' Mayor Suarez: ...criminals other than traffic infractions?` Vice Mayor .Plummer: Yes. Ass!t. Chief Gibbs: Whenever we can't get a patrol unit to respond to something, the next dispatch will be a canine or a motorcycle officer. Mayor.Suarez:` I,would hope so. If we can't get them, I would hope you would- call the; Chief, and I would hope you would call J.L., and I'd hope you'd call whoever if you can't get some other people. But that's a secondary use. You're saying.. - hat they never, as a primary function, have 1aw''enf6rcement } other4:than traffic and parades and escorting dignitaries and stuff? Ass't Chief Gibbs: The job is huge for traffic. I think the thing you're '. talking about in Grove is in response to complaints. It's the complaints we receive°from the -residents in the Bay Heights area. Vice Mayor PIummerr But it's basically-, primarily traffic.` e Ass't. Chief Gibbs: And it's concerning speeding and wrong way on a one-way streets and other violations that are occurring with regularity: oc Vice'Mayo r Plummer: Either enforcement, they write accident reports. Ass't'. Chief Gibbs: So...: Mayor Suarez: J.L. is saying that... the Vice Mayor is saying that basically they are,: in fact, supposed to be used for traffic enforcement and that is.. Vice` Mayor Plummer:' That's the enforcement" division of the''tra1fic code. 62 October' 3 1991; Mayor ouarez: we i i, v I 1 Le 1 1 yuu wilatr b11C116 a 1 1,11a4 a Ulm via.Pu, wtiY 11 we're not able -to change that unless .this Commission somehow wants to try; to change that Or, the Manager- and the Chief. Once again, youve done this before. You told Me you did it with one of them. See if there's any way you can get them to be more friendly towards motorists. Ass't. Chief Gibbs: That's the basic thing we're looking at right now. How we use them. What they're doing is what they should be doing. It's the matter of how.and when. Tying up traffic to enforce traffic doesn't seem to balance out. We're looking at those things, and the time of day and the manner in which they perform. But they have to be done. And, as I said before, they're basically responding to complaints from the people that live in the area. And we have to go and address those things. But you're absolutely right, we will look at the way that it's done and the time and try to not create problems by trying to solve it. Mayor Suarez: All right, Commissioner Dawkins. Commissioner Dawkins: I just need to say to the Chief that if their job is primarily to control traffic, let them control it a little on 15th Avenue, let them control it a little on 62nd Street, and let them control it a little on 54th Street, let them control it a little.on S.W. 8th Street, let them control it a little on 22nd Avenue. What the Mayor is saying, let it be a little more visible as they ride... traffic is on all of these arteries, but we don't see that. The other thing to you, Mr. Manager, when will the next class start for police -recruits? Mr. Odio: We were talking, I think the first of November, is when .we're talking -about. Commissioner Dawkins: OK, I'd like to suggest to you, since we can't give you any directions, -that in that class you earmark some females and give them some motorcycle training while they are in the academy so that when they graduate.... Why? Commissioner Alonso:. He's saying no? Ass't. Chief ,Gibbs: That's the curriculum....,the curriculum in.the academy ,is basically defined per the South Florida... Commissioner 'Dawkins: If.,they want to be a policeman, let them meet on Saturdays and ride the motorcycle. Don't tell me... You see, like we say, they: always :telling me what can't be done. You don't tell me a new and innovative way. As hard as jobs are to come by, you can't tell me that someone wanting to, be a police person would not. give up:a Saturday, to learn how to ride a motorcycle if that wouldlead to employment. I can't... Commissioner Alonso: Would you... Commissioner Dawkins:. You could tell me, but I won't accept it. 63 ,October 3, 1991 7 6 i gonim ssi�ner Alonso: Would -you explain to me the difference, and go a ltttle bit More into details? because I'm ti very . disturbedI didn't quita get.. hear a nrD, no -in this corners -and then... Would you explain to me? , lit.. Joseph.Longueirat Commissioner, basically in a police academy if We'put J5 people, those 35 are _}# people all taught to be a patrol officer. } Gomissianer Alonso: When you talk people, you talk women included? x Lt. Longueira: Yes. a Commissioner Alonso: And given the same opportunities. Is that right? - Lt. Longueira: Yes. 1 said people,. I didn't say men, so I'm talking about e've rybody. Commissioner Alonso: No but I'm trying, because sometime people... { Lt. Longueira: Yes. Commissioner Alonso:- ...think people is only men. Lt.'Longueira: No, they're all trained to be patrol... Commissioner Alonso: And I'm beginning to be very concerned about that when i look at the numbers of these statistics in the City of Miami. U.' Longueirac They're all trained to become patrol officers. In order to separate some people out that group -and train them in .of something else, they Would' become deficient in patrol officer procedures, and they would not be certi'fied,by the State of _ Florida. The state dictates the curriculum, and - that's..what we base our.training on. After that, if they meet the criteria'to be se:1 ected, .we will... Vil. ce Mayor Plummer: We train them in-house. Lt. Longueira: ..train 'them in motorcycle training. Commissioner Dawkins: How long does that take? Lt. Longueirai Well, normally they have to be through their probationary process...; Commissioner -Dawkins: How long does it take --a per... Commissioner Alonsos How long? Commissioner Dawkins: If a person has been on the force ten decides to ride motors, how long does it take to ' and qualify to ride motors?'years, Ass't. Chief Gibbs: The basic training, Commissioner, as I believe... Commissioner Dawkins: Thank you, Chief. 64 October 3, 1991 Y aMW7F!!1°i'.ng{yt.lm^ \ R I Jrbi j ij '*CQZz Asset+ Chief Gibbs ...I believe it's about 4 weeks, r Commissioner Dawkins: Four weeks? Ass't, Chief Gibbs. And then you train as you Go along, on-the-job training.. Vice Mayor PlUMMA : No, you can't. Commissioner Dawkins: You mean to tell me you put somebody out there riding a motorcycle in four6.sand never been on a motorcycle.... Vice Mayor Plummer:, You can learn how to ride maybe a motorcycle, AsVt. Chief Gibbs: We teach them how to ride, but then we... commissioner Dawkins: Never been on 'a motorcycle before -in their 1ife, and °. four weeks you put them out there in the traffic :. F Ass't, Chief Gibbs: Not alone. Commissioner Dawkins: Not alone? There's no two... you don't have no two - seated motorcycles.' Ass't. Chief Gibbs:No. Vice Mayo r,Plummer: You know how to answer that question?The next time you start a'motorcycle;class... Commissioner' Dawkins: No, J.L., you done._answered too many questions for me today. You done answered too many questions. Vice Mayor Plummer: Wait... The next time you have a motorcycle training course ,,.take. him over :there._ I-want,.to. see -.him learn in one day. 0K7 Because I'm going to take a sponge over there to pick him up. s 4 r - Ass!t..Chief' Gibbs:,: It takes'a while. — Commissioner Dawkins: I'm not going to ride in anything that has three: wheels, but` an airplane. Now, `anything .with': less :than 3 wheels is°Jnot .an' airpIane,,, I don't ride: it. Vice Mayor Plummer: We got two wheels, remember? Commissioner,Dawkins:-.,.Tricycle, motorcycle, anything. No, no no. Got to.; have;four wheels... Y Mayor Suarez: I'll entertain a motion that Commissioner Dawkins ride a tricycle,,'to'wbrk'tomorroW.. , Y Vice'Mayor! Plummer:: Second. ; Mayor Suarez: All in favor signify by saying... 65 October 39 1991. ft 1. Ass't.: Chief Hibbs:.. we .;ePlcoui`a$e a11... t.: t�ight� ,.,Ohief, I guess vre, have answers. Myer, sur: Al.Ve r . Go issio:i it bawkihi Not got to four... '+ Mayor Uarft: Lib'Otenant you were... y< Coti'si6ner Dawkins. ..`.go to four... Mayor"Suarez! .'..you were up on the mike, I presume, on item 4? Lt..Longue ` 'a:`,` ,Yes,_ Sir. , .. Mayor Suarez: Thank you. On item 4. Vice Mayor.. Plummer:, May I ask, Mr..Manager, what.do you anticipate the next = class'of the Police' Department to be in number? What do you anticipate the next class of'the Police `Department 'to be in number? Mr. Odin; Thirty=five. s Vice .Mayor Plummer: OK. i would ask that the Manager`'forward to me the process., of which. we are, using, step by step by step, of interviewing people - who have out in an application? 'The last that i had that each"person that applies_for us cost,$2,200. Based on the facts of what the last I was given ; that we have to-interview'16 people to°get'one in the academy means that we're going,,to have.to.lnterview near 600 at a cost of a little over a million two. Mr.sOdio: .We have a list already,.so we don't have,to go,.., } Comnissioner!Dawkins: Chief Gibbs, come back to the mike, please. Vice Mayor, Plummer:,.; I'd like to have that process and the cost factor. i 7 3 - Commissioner! Dawkins: :OK. Chief Gibbs, I readin the paper where. it .said. Chief Ross said and I'm quoting from the newspaper, that we need more Haitian ' officers. ,,Now,,.how.,many Haitian officers. do .we have? fi Ass't. Chief Gibbs: I :_couldn'.t give, you an., answer to that right now Commissioner. Let-jne s`ee if Major Boyd"could: Vice : Mayor. P1 umner:.. , I know of three. { Y t Mayor. Suarez:According to the media..:` x r y. a Ass't.Chi'ef Gibbs:." Approximately eight. Comnissioner';Dawki,ns: Eight?. Got eight.„ How many of them,are on regular t patrol dealing with the Haitians daily where if there is a disturbance or: ,'for. - the lack of a better word,_a need for .someone to relate to the 'Haitians,'how many of' them are on daily patrol? ` Ass't. Chief Gibbs: I believe there is five. 66 October 3, 19,91 i, t rtmissiner "Dwkins3 Fives �z t Ai tisk Ass't, �, Ghie�-.son►s of them have been detached to that special �' farce we put togethere r k onmissioner Dawkins! What special task force? n vice Mayor Plummer.- SIS.: Ass't Chief Gibbs: :TO investigate the... Commissioner Dawkins: Nod no, no. How many are Mee' Out of the S," how many of;them make roll call in uniform and go on the streets in a uniform... sj �rt Ass'tb Chief Gibbs: Five. Commissioner Dawkins: ...as a street policeman, and not in a coat and a tie, _ as a special I don't know what? How many? r Ass't. Chief Gibbs:' I believe it's five. Commissioner Dawkins: Albright, so the other three are what? Ass't. Chief Gibbs:: Assigned to investigative duties. We need them:.._ Commissioner Dawkins: Well, see, getting back to what J1.' says... Vice Mayor Plummer: It was SIS. Commissioner Dawkins: ...and I hate to agree with J.L; but'I... Vice ~Mayor Plumper: No:it's -not investigative, it's SIS. Commissioner Dawkins:. Thaveto..: Vice Mayor Plummer: Different... Commissioner Dawkins: I=hate to agree with J.L.°.. Mayor Suarez: OK, we have the:.,first :agreement now: between the "Blues" Brothers" coming up. 5� if we got 8� pol icemen, and youjust. Commissioner Dawkins:. ::.but he' °right. demonstrated by putti ng ` i t '1 n the paper that : there' s, a need -`for more' Haitian police -.to relate to: the Haitian community, ='those 8: policemen should be: relating.to ,the��comnunity -and not 'wherever" -else you it. That, my ; opinion.: I'm: not -inpolice work°. n Vice. Mayor Plumper: Well, the "Blues Brothers" now disagree. SIS... Mayor Suarez:1 I'knew itswouldn't last long, 67 October. 3 i991 A Vice mayor Plummert No$ SIS is a Spatial detail that does intelligence work Afldl think its Very important that we have three Officers Who CAM circulate fr,ee'lythe community, and -bring back that ,.intelligence which ,&mong istioner Dawkinst Ohhhhhhb vice" mayor Plummer-. ...to make their decisions of whattheylre,qoing: to dau Ndwo I don't disagree that we need more Haitian policemen. If 'you goitto' �':the old basis of three policemen per 1,000, 1 am told that we have roughly eighty to a hundred thousand Haitians, we need... Commissioner Dawkins: That's counting, that's countable. We've got more than that. Vice Mayor Plummer: OK, I'm saying that's what I'm told. Then you definitely need, overall more Haitian policemen, But -I think they do, plat a 'Very important function in SIS,in intelligence gathering. Ass1t. Chief Gibbs: That's absolutely correct, Commissioner. And we're in the process right now of hiring additional Haitian officers working With the Haitian community to achieve that. ayor'Suarez: Is there some... folks, I get the impression then, if that' Mayor. - 'notes little passed to me, that we have some people who are here to discuss the: issue- of the disturbance the other night. I know Mr. St. Amand. I re c ognize you. sir,. because I saw you Monday night at Jackson Memorial And if,you ,want to make a statement, maybe this is the appropriate time. Mr.'Fred ­'Frerlt. Amand: Yes.- First.of all, I would like to thank you for coming and: Se eM e. while I wasat Jackson, :Mr. Mayor. , And then `plus i want to recognize.al.1 the members,of the subcouncil. I'm talking about,,,-y'0 u know —a 11: of, you,please rise so they can go out and see you. Mayor ' S uarez:, Members of the. crime subcouncil are all present here?, ,or many- of.them'.. are present here?" Mr. . St., Arhand:,. Those are the people who work with me, 1 am the tM-irpersoni of -.Little Haiti Crime Prevention Subcouncil. MAyor..Suarez: This is the sanctioned group under our department? Me S Amand:_ Acouple of years ago. when, I was calleduponbyChi6f-Ander'son,,. Ws.erve,as', you k66W,.as,a vice chair, I acceptedith atbtcause I knew 60;utd- make­a: ' di fference:. And since then, -I'm alwaysiactive,-asfar,.-as gettihglrix:­ .know9' working Jn.,.conjunction with the - Pot ice Department We have hadl! some: good: intelligence, because we know community Haitian counity has b6diii" (UNINTELLIGIBLE)' f to or o long. We haven't had a leader. You.:justaskedia�. questio'no' Now many -,officers, howmany people, you know,, bringing intelligence' to:the e Police Depairtmeht? It's almost zip. Mayor Suarez: Well, the answer we got today is different from the one -that''*:" Mat' ' St. AMAAd IV Us MayorSuarez. You all were ready to say 15, because you probably read the F game story that 'I read that said 16 or 17. So, obviously, it's A lot less than that.. Mr. St. Amandt I am telling You, we are in big trouble. The Haitian community, I don't think most of you Commissioners really know what is going on. And please, .don't blame the Police Department, because alone they can1t...: Mayor Suarez: We're not, nobody here is blaming the Police Department. Mr. St. Amand: Right, but they cannot do the job alone. But I am going to tel1: you, as the chairperson, not only I almost lost my life, but I am a ruined man. I lost my business, I lost everything that I even owned. I was called by the _Police Chief, because it's. my job as a chairperson when Iam called upon, whenever we.have a disturbance, it's my job to make sure that all those people bring their intelligence to me. Then we provide them to the Police Department.- We have done that. I would say on Monday morning, first thing we did was to contact the Police Department, and told them the potential for violence was very high, because we knew. The overthrown president is so much loved that the people could not stand, you know, that man being overthrown. So we informed them. Six o'clock we talked to representative of { the Police Department. Then about 11:00 o'clock, up to 6:00 o'clock, we talked to officers. When the news came in that the president had been overthrown and arrested, I knew then we were going to have a bad night. I keep -thinking about 79th Street. All right, then I was caught at 7:00 o'clock I was preparing a report for my little girl at my office. I was called by ChiefRoss-to:come and translate. You know, to address the crowd because, you E` know, Chief Ross has been there. He has been very supportive. But me, I was under the impression... the field force was white, you know, was really around us, close by. Because we told them, please, to have all the force necessary -there. And then when we -went there, I translated for.the Chief. Of -course; you know, he told the people to stay calm and, you know, don't get into { trouble. But there was a big fire, they light up a big fire that was going to' i engulf. the- whole building, the whole 54th Street. Then I was telling them, you know, that, you know, Chief Ross say, please do not do that. He wasgoing i to".1callthe Fire Department to extinguish the fire, but if they continued to do that, he may have to use some force. Then some element, some communist elementsin-the-crowd,;as usual, went and told them that I was the one saying to arrest them. Now, I see myself with a Police Chief being protected, but, in . fact, .- i was : not. As> -a matter of fact, 1, _even` believe the last :thing .I remembered, the Police Chief himself I,don't.know if he -was hurt but `he was hit`: And, I`. mean,, the officers were, around me. I think maybe it was two or- three. I was badly hurt. I was unconscious, I was dragged, I was taken to Jackson Memorial Hospital But the question I do have, what really hurt me, my business, he took one hour to be ransacked and looted, one hour. Contrasting to when we had the problem in 79th Street- that gentleman's store was:not'looted. ° The police was right there. I am talking about someone who works very.ctose with the Police Department. Now, I always told everybody,,I am an independent. As a chairperson of a subcouncil, it's my job to really set.the right example. Now the question they're asking me, if we're going to work with the Police Department, where is our protection? I have lost over t 69 October 3, 1991' Comissioner Alonsd: Not not in this case it was said... krb St. Amand: They did say 00ine. UmMissioner Alonso Yes. x Mr. St. MAW,:- - They did say cocaine was found inside the safe... A, Commissioner Al'onsd. Yes. Mr. St. Amand: ...which my attorney is taking care of it. But... Vice Mayor Plummer: 'That's not what I heard. It said that it could have been Mr. -St. Amand:` This Is hot the point. Now, where do I stand? OK? BecauseI know one day after the A1lapattah, after the riot in Allapattah I know some i business people who had their business burned. They come before the Oommission. they had emergency loan. You know, I no elaborate. What do do?I mean, you know, now I` stand... do I stand alone? Is this the price that we Citizen, we have to pay when we get involved? That isnot'going to stop me,' but what'I am here most of:All to say. The 'Haitian community, because of so' communist elements who have infiltrated our community, they're giving... they are really leading us`toward, I mean,;I'm talking about pure he11' -I know Commissioners among you who are not liked. They portray you as being racist, as being... you know, like you don't care. Let me tell this. 'I AM' involved and if they got to kill me, help me God, they're -going to do it,4 because I 'am involved. Because I' love my Haitian community, because L:know- the majority of the people stand for what is right. But we're not- going' 10 let'one little group of -scums come -in and take over. Our subcouncil right now is preparing something where the 'City CoMMission, the County `Commissi'on;l: i everybody must come and answer the questions the Haitian community. asks: ' We're not going to portray anybody as being racist antl' everything until the i whole community has had 'the chance to really judge you. We are sick'and1tred of kind of stereotype_ wherel we like this, Commissioner; we don't,:like.'this Commissioner. We're going to want'a chance for everybodywhere:you people;.: because we elect' you,., we put you in -'that seat.- You owe us an" answer! "You { have to tat k to us ! Because; let me tel 1 you > this, Voting'- power `-i s :being increased.: And.1-am one activist. If they''re'going to,come back and kilTxme again,,,they got to-do 1t. I have�never`been a -drug dealer: I'am'a father i am A:-1ami1y,man. And that's what 1111E continue to -be because.1 'gaga school ; ' and then I'"ta1 k' against drugs. They wi Iportray' you, as be ng ;a vi 1 lai n." But you -people must open your eyes, because don't leave everything... the Police. Department alone cannot do the job. They cannot do "itl I have sent t recommendations to -a -lot. of folks. I 'even,, -had my son apply to be';A 4,pol i ce Officer, He's right here, ' a qual ified' =young man, who :wants: to be the pol ice officer. it's4lways a freeze: The City always has a freeze. There are some young Haitians with college... Mayor Suarez: We don't have a freeze right now. With the new fiscal year, you,just�:heard that there's 'a new academy, and I'm sure he will be... we will be pleased to take his application and have go through the exam. � t Commissioner Aionso: That's right. 71 October 39 1991 Commissioner Alonso: Thirty five we are going to hire, so we don't have a fri�e�e. a Mayor Suarez: Thirty-five in the new academy. Mr. St. Amand: But, it costs us more when we have a riot, because ,if we go .back and check a loan for bvertown we pay to law enforcement because of some } stupidity on 54th Street. You know, contrasting to if we had more officers" finding out the real, truth, and go at it and patrolling because let me tell t you, the Haitian community is a kind community. We are not finding faults. But if you go around there, you'll find people who don't live there. We find, some white folks we don't. even know come in with some communist ideas . ' We find. some.Hispanics people come in.with communist ideas. We find some other = black folks who come there.7 We are not communist! We just want to live in peace, just like every other community. So I'm asking you for that chance, and then please I would like the City Commission - I don't know how you're going to do it through Miami Capital, because I have 15 branches. My business cannot stay closed. I, cannot stay closed. I have 15 branches, I've got to make a living, and then I have to continue to work in conjunction with the Pol.ice.Department which,I enjoy doing. Because I believe we have one of the finest Chief of Police. I enjoy working with them, but, God, you got to give them the tools. Because I.think if they had the tools, the field force would have been in'force, people would have been right behind there because, let me tell you this, -,I could not believe what happened to me. Mr. Mayor, you don't `. know, because if I don't show you, I am 1ike'a dead man. How `I survived, J don't know. Being attacked by two or three thousand people in a 'crowd... here it is, I can't, walk. I mean, you >know, is this what youexpect? '-no protection. It took one hour for my'business -to be' looted while all the -television stations were filming the looters. I would like a special investigation. Not: only to investigate the substance they find, but also to identify those who have done that, because that was done on purpose, because thereare people who want to really stop me. And they will stop me, because I am one person.` I am going to make a difference because Little Haiti deserve better treatment that- that. And then you got to open your eyes. Thank you very much. Mayor' Suarez:' Thank you, sir. And certainly, we will complete that investigation, because if any of the looters can be identified and I know that there's some films of the looters... Vice Mayor Plummer: They were on video. Mayor Suarez: They were on video, Commissioner Alonso: Yes. 72 October, 30i991 3M � s �,A 0 i x Vice Mayor Plummer: Yes. Comissioner Alonso: Yes they were, for extended period of tire. Mayor Suarez: Comissioner Alonso, Commissioner Alonso: Also, Mrs Mayor, I think that We should really instruot the Police Department not to take an extended amount of time for this 43 investigation this time, i don't think that in order to identify that substance, it should take a long time, w Mayor Suarez: That's fairly quick chemical test. commissioner Alonso: that should be something fairly simple for the Police Department to do. So that's step one, and then move quickly to complete the 4 investigation because, in fact, we have an individual that I understand was called by the Chief of Police to help in informing the rest of the citizens` about what, he was trying to say. And then, in turn, he was attacked. .His business was destroyed, and his reputation was affected. So definitely, we feel that we have an obligation in this case, and this matter should be really clarified and to put into perspective what is... what really happened and what are all of these alleged implications related to the white substance that was shown very clearly on TV. And, yes, I was one of the individuals who watched the TV station, and I was shocked to see what was presented. I have never seen; anything_ like that before. Mayor Suarez:- All right, thank you for... Mr. Manuel Gonzalez-Goenaga: Mr. Mayor... Mayor Suarez: Mr. Gonzalez-Goenaga, this item... Mr. Gonzalez-Goenaga: Please, half a second just to... Mayor -Suarez: Sir, sir, wait a minute. This item is not on the agenda. We have taken testimony and we have deliberated and discussed it, because Commissioners logically wanted to hear from Mr. St. Amand in view of what took place the other night. This is not an item on the agenda, and so you are out of order, sir._ You can have a seat, and if there's anything... Mr. Gonzalez-Goenaga: I was there. Mayor Suarez: All right, very good. Mr. Gonzalez-Goenaga: And I want to clarify my position. Mayor Suarez: Well not today, and not now, sir. 73 -October 39-1991 } rs �e r r z t - � n .w r n7 . r� . :• z s y '� a��'t� 10� (A). EMERGENCY ORDINANCEi. AMEND 1001, WHICH ESTABLISHED RESOURCES .AND APPROPRIATIONS FOkf MIAMI POLICE CRACK COCAINE FUND INCREASE AMOUNT BY $090 4261 AS A RESULT OF PROJECT INCOME AND INrEREst� (B) MAYOR SUAREZ REQUESTS EXPANSION OF RANGERS PROGRAM TO INCLUDE OVERTOWN I PARK WEST AREAS. (C) BRIEF COMMENTS BY VICE MAYOR PLUMMER CONCERNING THE EXCESSIVE PERCENTAGE OF CITY PROPERTY WHICH IS 'TAX EXEMPT. —rrrrrI-----la----wr►rrv:a.-.r----w-----------...s---—wc.r..a----iili�rrr Mayor Suarez: All right, item four. Vice Mayor Plummer: Mr. Mayor, on item four this is a transfer of monies that have been further. confiscated. for the Police Department. The only question that I have is, there is no breakdown of what the monies are being used for. I will move it even on the emergency basis with a guarantee that 1 will be, or this Commission will be furnished of what the $1,700,000 is actually broken down to in the way of equipment, manpower, and others. But I will move it as an emergency ordinance. Mayor Suarez: So moved. Commissioner Dawkins: Under discussion. Vice Mayor Plummer: Four. Mayor Suarez: Item four. Vice Mayor Plummer: No discussion, I haven't got a second yet. Commissioner Dawkins: Discussion. Mayor Suarez: Moved for discussion. I mean seconded for discussion. Vice Mayor Plummer: You heard my comment, Commissioner. Commissioner Dawkins: Um hmm. This money, again, is budgeted or is this money that's.on the outside or is this money within the budget to balance the budget? I'm talking to the Manager. Vice Mayor Plummer: Outside. The answer.to his question is simple. Mr.. Odio:. ...fiscated monies, is simply... yes. Yes, this is :part of Ahe „? budget. Commissioner.,Dawkins: You know, I get tired of asking the Manager questions, and Plummer answers them. You know, maybe I just need to direct all my questions to J.L. Plummer. vice Mayor Plummer: I didn't answer it. I just said, the answer was simple. 74 October 3, 1991 Mr. OdiOt It is... Hello? Itoe law eneement trust... `' N{r O+cissioner thatis al Dawkins.. Then fight, That's sr ght,f,�tanswered.donut... J.L. answered f al l it. ito Mr. 0dio. tommiis loner, cilmiseioner, let me anewar it i Commissioner Dawkins: I don't care what I ask J.L. Plum'ner, td support him and speak up for him. Maybe the Manager d the owh Manager hao speak English, no problem. g don't know how to Mayor Suarez: The one thing you do have to do, Mr. Manager, question about three different alternativescan't g r, is we he asks a mean, you know, what he said, is this for the�pa particular use or ethic other use, you know, tell us what itis for. Vice Mayor Plummer: The money is outside of the budgets question. g That was his Mayor Suarez: Is it outside the budget? Is this law enforcement nforcement trust fund Mr. Odio: This is law enforcement trust funds. It is monies. It was not used to balance the general fund, not general fund Mayor Suarez: Would you supplement my memo that I last submitted to Commissioner Dawkins, and, most recently to Commissioner Alonso, now updating the figures on that so that somebody can keep track of the enforcement trust fund? The memos where I... law enforcement Mr. Odio: Yes, yes, I,will do that. Mayor Suarez: Please. Thank you. .Mr. Odio: And this is being used exclusively for the drug stings. Commissioner Alonso: Oh, by the way, no one has contacted insisted, me even though you Mayor Suarez: And please contact Commissioner Alonso on start redoing the whole process of law enforcement' trust 'fund a1]ocations. Mr. 'Odin: I ..talked to the... as a matter of }fact, the Chief talkin g-yesterday about the way that monies from .law enforcement trust -I Were think are being wasted, because the way that the law reads, funds I and fee'T that the monies should be used to hire police of And that I felt can tarry guns and enforce the law and not in programs to revers in blue that prevent anything. Mayor Suarez: And he told you that we needed a legislative c a All right, and he told you we needed leg... h n9e from..; Mr. Odio: I feel that way, but ou know Mr. yor,governor. We need to do lobbying to cha ge the law Menfo I told that to the forcement trust, 75 October 3, 1991 Vice Mayor Pl umer: It'i s Coral Cables that buys fire trunks Mayor Suarez: All right, and in the meantime..6 z n Commissioner Alonso. More reason to look into that, and the... Mr. Mayor, he has insisted in that you discuss with one so I can look. No one has contacted me yeto. so i appreciate that you do it at your earliest convenience... Lt. Joseph Longueira: We'll get with you, Commissioner. Commissioner Alonso: ...so we can really look into the matter. Mayor Suarez: Basically what don't get consulted in advance them. And then we're all going is going to grow and that... Mr. Odio: Like I said, 'I... we're saying, to make it more explicit, if we of all these distributions, we won't approve to sit there and it's going to be... the money Mayor Suarez: ...I was going to say, the money is going to grow but I'm not going to use that expression. Mr. Odio: When we're ready, we will come to you to law in Tallahassee so that the law enforcement - and in that pot', see if we can change,. the in Washington..,. Mayor` Suarez: All right, but in the meantime, please work with the Commissioner as to recommendations. Commissioner Alonso: Yes. Mayor Suarez: ...that are being made so that we know in advance. And some,of them, you know, when they, come to us they're already so cooked up on behalf of a .particular program, somebody's actually waiting there in the audiencefor their money, it's hard to tell them you're. not a worthy cause. ,Actually, nobody ;really prioritized it. Commissioner Alonso: That's right. And what is amazing is that we discuss this at'Commission, and then the City Manager insists that he is discussing thatwith the Chief, and don't follow what this Commission has,-said,.that we want` to do. And this. is ` he ..second ,time ,that the Mayor had to i nsi st , i n the same. item* And nothing `is`done. And then we hear, from the"Manager that'he has discussed that with`the Chief, but not follow what this Commission wants to be done. It's amazing! Mayor,Suarez:,,Yes, and by the way, the same thing happened on the expansion of the Rangers Program to`'include Overtown/Park West. Commissioner Alonso Uh huh. Mayor. Suarez: I thought we made a resolution, Mr. Manager. You have another memo from me today on that, and the resolution was that you, the administration, would come back with recommendations on how; we could...do this. And instead, i get a',copy of a memo I believe to you from Chief Ross. ThatAs not Chi of Ross' responsi bi l i ty to del ve i nto the 1,egal i ties of the use .of a 76 October 3, 1991 F rv �� ; ;55.s��'Nl T+ c � A i' tax incrementfundfor expansion of a... I mean, it's the most humorous memo, reallyy', I Meant, -no disrespect to the Chief, but it talks about his conversations with Herb Bailey on the propriety of using that funds I'm not interested in his conversations with Mr. Bailey. I'm interested in your t' opinion, sire and your recommendations on how we can do this Mr..Odio., OK, my opinion... I have to go by what my staff tells me, afld I`met with Herb... Mayor Suarez: I want a formal.. Mr. Odio: I will give you a formal reply. Mayor Suarez: ...report back on how we can implement a rangers' expansion to include Overtown/Park West before that project fails that we have spent $100,000,000, Mr. Manager. And the memo that went out to you today asked for it to be ready for the October 24th meeting. Please don't give me copies of memos from your subordinates to yourself or from them to each other or conversations that they had. I want your recommendation, sir, on how we can do this. If you tell us we can't do it, that may not be an acceptable answer, because we've got to figure out away to do that. And so I hope that you'll find a way to do it, and not give me all the reasons why it cannot be done, as reflected in memos between the Chief and yourself. And the Chief, that is not his, responsibility. He's got enough problems with... and once again, let me reiterate, I thought he did a magnificent job this week. He's got enough - problems. He's putting out fires, literally putting out fires. He was there with Mr. St. Amand. When was the last time a Chief was actually there on the scene? We're proud of him for that. Commissioner Alonso: Very much. Mayor Suarez: That's not his task, to figure out how to use tax increment bond monies for 'a Rangers' Program, or special assessment. That's not the province of the Chief of Police of the City of Miami. And if we're going to ft paper shuffling back and forth after a Commission resolution asking for you, pursuant to that hearing that we had on deployment, then I have to conclude that you don't want to do this. Do you want to 'resistour resolution? Mr. Odio: The question was asked... the question ,that you placed before us was, can we use tax increment monies to finance a Rangers! Program, andl the, answer to -that is no. Now, if you want to do it in another way. Mayor Suarez: Sir, if that's what you believe, tell me on October 24th. Mr._Odio: fine, I'll prepare ... OK. Mayor Suarez: From your words, I will have a battery of lawyers here to tell'' you that.it can be done... Mr. Odio: OK. Mayor.Suarez: ...C-A-N, can be done, so we're going to have an argument about it. But please don't send me a memo from the Chief to yourself When the Chief' ;.3 analyzes it, based on conversations with one of your assistants. That's not 77 October 3, 19911. proper procedure, You know that's not proper procedure, and it doesn't Any reed - on your part - any real interest in solving the issue. It SAYS, well, you know, Somebody wrote a memo here that it cannot be done. Mr. Odid Mr Mayor.,. show gust Mayor Suarez: That's very easy to do. Listen, I can get memos that things cannot be done any time from anybody in this administration. Or any otherl I moan, I'm not picking on your administration. Bureaucracies are built to do that. To tell you how not to do things. The question is, how we can do it, C-A-N do it. Now can we carry this thing out so that Overtown/Park West does not fail. And what is now the most ambitious and, perhaps, most successful urban renewal project in the country won't become the most embarrassing. Vice Mayor Plummer: Well, Mr. Mayor, I'm glad for your comments. Let me tell you, I'm further studying what I brought to the attention of this Commission before We've got to do something. And let me tell you why I'm saying this. This was prompted to me by the cable that I was watching of Metro -Dade County. The taking over the Sears Building by Dade County. And I'm not entering into the argument they did right or did wrong. But that is roughly $60,000 of tax money that next year this City will not be receiving - $77,000, I don't think... Commissioner Alonso: I sent a memo in that respect... Vice Mayor Plummer: I'm saying... Commissioner Alonso: ...that we charge them impact fee for new constructions as well as some other fees. Because this cannot continue. I sent that memo a couple of days ago to the City Manager in that effect. And even to do it to some of the existing buildings, because that's what gives us the protection for police,fire and otherwise, and the citizens of Miami are paying for things that don't belong to the citizens of Miami... Mayor Suarez: This is a perfect... Commissioner Alonso: ...but it's a larger picture. It's Dade County. Mayor Suarez: Both of you have brought the perfect test case where we want to do... which is'a payment in lieu of taxes when a government that is not our particular government, - although with our cooperation, hopefully - implements and builds this huge project, $170,000,000 project, that's going; to require,a lot of the services you were just referring to, and we've got to begin those negotiations now, Mr. Manager'. - Commissioner Alonso: Yes. Mayor Suarez: Grab that memo that the Vice Mayor stand... You've got three of us right here. I'm sure the other two Commissioners agree. Vice Mayor Plummer: Well, let me give you... Mr. Odio: I'm sending you a memo today. I think it should... you have it About Boston, city of Boston. They raised $10,600,000 in voluntary fees. Six 78 October 3, 1991 jk k million < come from the port of Boston, I talked to the Mayor 0 8ostoni� as IOU know; and :it has to bey.► we're trying to find a way of creating some kind of exempt buildings -some kind of fees because we pick up their garbage... z, Vice Mayor Plummer: Well, let me... Mr NO: ...clean upthe street. Vice Mayor Plummer: Let me expand. Mr. Mayor... ` Commissioner Alonso: We should have a tax fee, why not? Mayor Suarez: We have to give protection, we have to give protection to the facility. Vice Mayor Plummer: Mr. Mayor, my feeling is and I think we all were furnished a memo which I asked for, that where our taxable assessable base is� $14 billion dollars, approximately for round numbers, 32 .percent of our . taxable base is tax exempt. Now, when you couple that with the tax abatements that are... or tax lncentives,_is it not possible, and I'll ask: this of Ahe City Attorney in a new way since.I asked it in a different way. We presently x l contract with other agencies for contractual basis, for example, fire. Mr.. Odio: We have. Vice Mayor Plummer: They haven't paid us. (INAUDIBLE STATEMENT NOT PLACED: INTO THE PUBLIC RECORD).: Commi ss i one r, Alonso: No, the County doesn't pay 'to us. . Vine Mayor Plummer: OK, all right... ` Commissioner Alonso;_,..we don't demand... 5 Vice:Mayor Plummer: ...the point I'm trying to make, since we have to provide 3" services, does it have to be only from ad valorem taxation, or. can we sell a package to these tax exempt places for the services that are provided, such as we charge a garbage fee? Can we charge a fee for fire? Can we charge a fee for -pot ice? I'm saying: to you that we cannot continue. There —As no other- municipality :that - I ' know of that isburdened with 32: percent of ..its taxable; base -as tax>.exempt -as we are here, in the City of Miami`.. Now, when you.couple: that, with; our._.citizenry of 440 000 -people are having to pick up =the tab for all. mi-1t.on. and-a-half:people during the daytime, that's unfair to the 'residents', of the City'.-of�Miami. I'm sorry he's not listening. Mr. Odio: I have Joel Maxwell on the phone. We are bringing an ordinance on the meeting:of November... Mayor.Suarez: Yes, let's -get that ordinance in place very quickly. Mr..-Odio: And it's very... we've been working on it fora year." o , .` 79 October' 3, I991 3 5tbeAdl tbq NAs t dU& n ®R r, 1' g Mayor Suarez. is it responsive? We've been working on it for a Long time. F Is it responsive to these? Commissioner Alonso An ordinance that will do what Mrr. Odiot. somehow get the exempt buildings to contribute, in one way or another, to the City services. Vice Mayor Plummer: Mr. Manager... Commissioner Alonso: Well, I sent specific memo about impact fees. Even the City of -Miami should pay and then get the :Honey back, if that is required by law. Mr. Odin`:I have not seen -that, ma'am. Commissioner Alonso: But I -think the federal government has to pay impact �. fees, the state has to pay impact fees, the County has to pay impact fees. And` besides that, we should send bills and demand that they make payment because I'm bothered to see that they still owe us 2.7. You sent that memo and yousaythey are not going to pay to us. If we put all of these laws, and then we do not insist that they have to deliver payment to us, then it will not serve any `purposes. Because it is also my understanding that the state owes us money for taking care of many avenues and streets in Miami - cleaning, taking care of service, and they don't -pay us back. And no one seems.to be concerned that Miami has no money, and these people have to pay to us And I' think it is the job of the City Manager to really demand, and if you don't get out:the, response that is necessary, then come to us and demand that we do something='about that..: Because we cannot a11ow that the citizens of Miami be" overburdened with all of these expenses that don't belong'to'them. Mr. Odio: The state law clearly exempts government from paying taxes. What you're going'to see -when we come `back .to you wi11 have to be done, in such a way -that` i t would have to be= almost . on a vol untary b`i s'i s . Commissioner'Alonso: :It is impact fee, it's a fee. Mr -"Odin: �You`'-got .: Commissioner Alonso: The citizens of Miami didn't pay garbage `collection` before. It was included in their taxes, and no one makes.a,big issue When we put a fee, and they are` paying. Then, if it, i s. i l l ggat ; for the 'government, i t should b'6 so'�illegal to charge the citizens of Miami for these fees, "and i,t is not. So I do have a problem that is legal when it comes to the pocketbook of - our citizens. But it's legal for the government not to honor their obligations. Mayor Suarez: The Performing Arts Center... Commissioner Alonso: I think.enough is enough. Mayor Suarez: The'Performing Arts Center is a perfect one because it will be susceptible, at least conceptually, to both the impact fee in the sense of a' new project that goes in place, the classic impact fee. And anything else` that we devise for constant operating... 80 October 3, 1991 W 5 }q!M - ,, Nof 1301b`n� V oe Mayor pl u er: Rut that s< the �Srohl ern. k mayor suare2s Rights} Vice Mayor Pl wrier: An impact fee is only a one-time charge._ u Mayor Suarev: Well, that's $170j000,000 protect, to.. r Commissioner Alonso: out it's large enough, exactly... Mayor Suarez: Right l Commissioner Alonso: ..to help us. Mayor Suarez: But now, in addition to that, you 'are creatively coming up with ki an ordinance -.Whether it's what you call a voluntary fee... i S `trying Mr. Odio: We're to work... _ Commissioner Alonso: Voluntary, we'll never get it. Vice Mayor Plummer: Never work. fi Commissioner A1on5o: Ha please! Mr. Odio: The' City of Boston went` from $200,000 a year to $10,600,000 last year of voluntary fees. Mayor. Suarez: ,<I guess the implication, Commissioners, is it's voluntary, but � if you don't pay it, you know, we'll take a little longer.... { Commissioner Alonso:` We don't provide the service. i Mayor Suarez: ...we'll take a little longer, to get there with our police, with'our;fire;'.you know. So it's not so voluntary, P guess. Vice, Mayor Plummet Well , is it... I Commisiioner Alonso: .tWell, it takes a long time to respond to the citizens, so I -don't know it should take a long time to... we have to do something.; Vice -Mayor Plummer: Mr. Manager, is it still a true statement that ad valorem taxation; =`the _money that it raises, i's� just about enough 'money to fund the Police.De'partment7 Mr.'Odio: You're about right, yes. ' Mayor Suarez: The real estate taxes provide about $10000009000 and the Police. F Department i s 'at :what? Vice Mayor Plummer: Eighty-eight. Mayor Suarez: About 88, yes. It's 88 percent of the total. 81 October 3,:1991`` oi i r 3�� 4✓ ie,u.. . ylrnlr+w'!'ffP'11�e/.i/1µ+ltni�.ttd1' l'F�YY}WYFiY'YrTla:t'[t Y Palk l Vice Mayor P1unher. Well, that's gS in the budget of the Police Department it dplsn+t inolude, as Miller ba�kins said, about the outside monies,+tap itil 'outside `"tnat ovments and ail of the othd� grants that are coming in budget". f� Mri Odio:' Rut' by the way, 8oMissioners, the street cleaning feels still in the books covered for cleaning up in front of exempt buildings and they would have: to pay for that Vice Mayor Plummer: Well, let me ask you, are you saying to me that under state law, that I cannot charge i let me just use one example... Commissioner,Alonso: PPL's... Vice Mayor Plummer: ...the place at the old Seaboard station, just using that as the example, -the state HRS offices over there, are you telling me that_I am prohibited I, a City - from charging them a fee for police? A fee for fire? Mr. Odio: prohibited. Vice Mayor Plummer: How can I do that... how can I charge a sanitation fee, but -'I can't char§e for other service? ` r, -a Mr. Odio: You can charge... if you pick up their garbage, you can charge it. Vice Mayor Plummer: If I send a policeman, I can't charge them? - °, Mr. Odio That's what we're working on. Let me see how we can find a way of doing this. Let's see how we Can... that's why Joel just called. Vice'Mayor Plummer: Well, just let -me go on the "record before'we get, a pubic :F outcry down here. ways shape, or form am advocating that"fees of any sort should b4 Apa pl I ed toward churches. - Comm`issioner Dawkins; J.L. Plummer got 'three minutes... Comnissibner.Aionso No. Mayor_Suarez:.,All right. r Vice Mayor Plummer: Two. Mayor:Suar_ez: The .Commission is engaging in deliberations and discussions not �oirected to any particular item. What is the next item that we have? Is it Item five or six? A. Quinn Jones III,,Esq.: No,"no, no. Mr. Manuel Gonzalez-Goenaga: No, 'nos excuse me, four. I haven.t talked about four. Mayor Suarez:Wait, wait, wait, wait, sir! ` { 82 0ct6be'r 3,-'199`1 x Mrs John, Mr. mayor..s Matyii <` aw '' Sirs, if -you Want 'to addFess .thi`s Ceftission, you Mr I d s Oo trt " f oirder,� poiAt of cl�ari i eatiort, wi�atavar �^ �Ydu dah't � �ti�st^ stir" tsilkifig ihto ithe Mi ka, sir. , 1r� Gonzalez-Goena AI I'm sorry, your honor. Mayer Suarez': ' � I'm tarry?'' Mr. Jones: Item number 44 the ordinance needs to be read. mayor Suarez:''We're on four? Vice Mayor Plummer: AS amended. Mayor suarezt All right, did you want to make a quick' statement on 4? a Mr. Gonzalez-Goenagat Yes. Mayor Suarez: ` Go ahead; sir._; Vice Mayor Plummeri That I have a budget and.that no monies be expended until this Commission has received the budget. There's nothing in the backup. Mr. Gonzalez Gbenaga: Here we go again. One million dollars in emergency- funds„ for the crack problem. Now -I am tired of talking and not receiving answers. I'understand that the stealing of $150,000 was not only the money, that also marijuana ^and cocaine was stolen at that time. I am concerned that the';..crIAck .that is_ recovered s used. or sold by'- the pol ice. And it has been done -before in the River Cop Case and many other situations. I urge that an examination be done on every 'single police officer or any' employee ;to guarantee -that no'`cocaine,`no marijuana and no money is�stoien!by the police: themselves:" -Because we have had that experience before. Mayor Suarez: All right, sir, this is precisely what we're trying to do with p this is create a fund from proceeds of police seized contraband and then we. will later use_ it appropriately for police functions. So on that motion and second, please read the' ordinance.' Vice Mayor Plummer: As amended. 10 i Mayor Suarez: As amended.' Call the roll: AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10451, t rs i AS AMENDED, ADOPTED ON`JULY 14,` 1988, ESTABLISHING r RESOURCES AND APPROPRIATIONS FOR THE "MIAMI POLICE CRACK COCAINE" FUND, INCREASING THE AMOUNT BY $990325 AS A RESULT OF PROJECT INCOME AND INTEREST SUBJECT TO A FULL DISCLOSURE OF ALL EXPENDITURES BEING SUBMITTED TO THE CITY COMMISSION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 83 October 31, 1981 Vice Mayor Plun nerl 'this :City commission is now in session. Mr. Manager, are you ready? Oh, here is the .Mayors Mayor Suarez: Thank you, Mr. Vice Mayor, I am impressed with the tiftliness of. our Commission. I thought being in a different venue today, we Might get an extra minute or two of grace, and that's Just fantastic, actually. We have .a few items left from the manning. In fact, we have quite a few items left from the morning. Vice Mayor Plummer: All of them. All, but one. Commissioner Alonso: Yes, all of them. Mayor Suarez: Let's see if we can't make a collective resolve to argue less with each 'other and to use Mi ler's term, philosophize less, and get through these items so that we can have our... rr-r.wrw�ri------------------------+--w.wwrrrw---------rr- ------ 11. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EMS FIRST AID. RESOURCE TRAINING (FY 192) - APPROPRIATE $25,4539 A STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) GRANT, AND A LIKE AMOUNT FROM VARIOUS CITY SOURCES. Vice Mayor Plummer: I move item five. Mayor Suarez: Thank you, — Commissioner Al onso: Second. } Mayor Suarez: That ends the philosophizing on that. Any discussion? 'If not, - please read the ordinance. Call the roll. AN'ORDINANCE.- AN.- ORDINANCE ESTABLISHING :A NEW SPECIAL REVENUE FUND i ENTITLED: "EMS FIRST`AID RESOURCE TRAINING (FY'92)!�; x= —� APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN.THE AMOUNT: OF $25,4539IN THE FORM OF A GRANT- FROM THE 4 STATE ..OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES; AND A LIKE AMOUNTAS_FOLLOWS: $12,941`FROM FY'91=92 GENERAL FUND: DEPARTMENT OF — . FIRE, RESCUE AND INSPECTION SERVICES; AND $12,512 IN - KIND 'MATCH OF SALARIES;= FOR A TOTAL'APPROPRIATION OF $50,906; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 119 1991, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner' Aionso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 85 October 3, 1991� 5 }, AYES. CDtwnissioner Miller J� Dawkins Comissioner Miriam Alonso x{ ` Vice Mayor J. L.:Piufflmeto Jrb `A Mayor Xavier L, Suarez West None, WENT: Commissioner Victor De Yurre. THE ORDINANCE_WAS_DESIGNATED. ORDINANCE NO, 10924. 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. • rrr.-------ara----a..rw.a.u+.---------r—:.rr.rr--------------r----�---ryrrrrrr.riry.iaccw.on 12. SECOND'. READING ORDINANCE. AMEND 10202 INCREASE APPROPRIATIONS TO SPECIALREVENUE FUND: HANDICAPPED DIVISION FUWRAISINGPROGRAM (BY $609:000)1 COMPOSED OF MONIES GENERATED THROUGH FUND=RAISING EFFORTS -:,OF CITY'S.HANDICAPPED DIVISION AND -PRIVATE DONATIONS. LYYaYr,Y—�---..err-ram W—rrr---------------------------------------------------- Mayor�r�Y Suarez: Item 6. Vice Mayor Plummer: Move it. Mayor:Suarez: Moved. Commissioner Alonso: Second. Mayor. :Suarez: -,Seconded. Any discussion? If not, please read the ordinance. Call the roll. _ AN:.ORDINANCE-- = AN.'ORDINANCE ,AMENDING SECTION 1 OF. -ORDINANCE NO: 10202, ADOPTED JANUARY 8, 1986, AS AMENDED, BY - INCREASING APPROPRIATIONS TO.THE,SPECIAL:REVENUE'FUND ENTITLED: "HANDICAPPED DIVISION .FUND ;RAISING PROGRAM" ,BY::$50 OOO,;COMPOSED OF MONIES; GENERATED THROUGH, FUND= .. t ... RAISING EFFORTS OF THE CITY .OF: MIAMIIS:HANDICAPPED -:.DIVISION- AND . PRIVATE DONATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first' reading by: title at the meeting of September 11, 19919,was taken up for its second and final reading by title and adoption. 0n motion of Vice Mayor Plummer, seconded by Commissioner' Alonso, the Ordinance was thereupon given its second and final reading by title and passed'and r' adopted by the following vote: 86 Ootober AYES: Commissioner Miller J. Dawkins # Commissioner Miriam Alonso View Maybe J. L. P1UMMOr, Jr- Mayow Xavier'L Suarez` NOES: None+ ty ASSENT: Commissioner Victor De Yurre. THE ORDINANCE WAS DESIGNATED'bkDINANCE NO. 10925. The City Attorney 'read the ordinance into the public record and announced that copies were available to the members of the City Commission and ; to the public. ---------i--------------r------------------rrirti Gn-Yrf------- 13. SECOND READING ORDINANCE: AMEND CODE SECTION 53-118 (RENTAL RATES AND Y{= ASSOCIATED CHARGES AND CONDITIONS AT 'MIAMI MARINE STADIUM) - CHANGE 'CLASSIFICATION OF EVENTS AS TO USE CHARGES - INCREASE CHARGES INCLUDE COSTS OF POLICE PERSONNEL AS AN `EVENT COSTPAYABLEBY EVENT SPONSORS' INCREASE USER PEE FOR"STADIUM PARKING LOT - INCREASE PERCENTAGE OF EXTRA ' COMPLIMENTARY ADMISSION TICKETS WHICH MAY BE ISSUED BY EVENT SPONSORS. ------r-----------=---------------------------------------------------- Mayor Suarez:- Item 7. Vice. Mayor Plummer: I am going to move it, but I would like to make an amendment that I don't see in this ordinance, and that amendment would read... Commissioner Dawkins: You can't amend it until I second it. = Vice Mayor Plummer: All right, sir. Commissioner Dawkins: Thank you. I second it. Mayor Suarez: Moved and seconded. Thank you. , Vice Mayor Plummer: I'll now amend it. "All fees due, payable in advance." Commiss-ioner Dawkinsi I'll accept that amendment to the second.'NI c .. o dgoP1umetired of havinto o after people ontVice :Mayor rm g - a things. Let' make them pay it up front, and -let's get our money so-we'don!t _ have to chasethem later.` Mayor Suarez:- Absolutely. Moved and second. Any discussion? If not, please read the ordinance. Call the roll, please. qi of F -'` Eff 87 October 3, 1991 ' i r:. AN ORDINANCE AN ORDINANCE AMENDING SECTION 83-118 OF THE CODE OF THE CITY OF MIAMI, FLORIOA, AS AMENDED, WHICH PERTAINS TO -RENTAL RATES AND ASSOCIATED CHARGES AND CONDITIONS AT THE MIAMI MARINE STADIUM BY CHANGING THE r CLASSIFICATION OF EVENTSUPON WHICH STADIUM USE CHARGES ARE BASED AND INCREASING SAID CHARGES; BY INCLUDING THE COSTS OF POLICE DEPARTMENT PERSONNEL AS AN EVENT COST PAYABLE BY EVENT SPONSORS; BY INCREASING THE USER FEE ,FOR THE STADIUM PARKING LOT AND BY INCREASING THE :PERCENTAGE OF EXTRA COMPLIMENTARY ADMISSION TICKETS WHICH MAY BE ISSUED BY EVENT SPONSORS BASED` ON THE TOTAL NUMBER OF EVENT TICKETS SOLD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September lit' 1991, was taken up for its second and final reading by title and adoption. On motion of Vice. Mayor 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 Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. - THE .ORDINANCE WAS DESIGNATED ORDINANCE NO. 10926. 3 The City Attorney read the ordinance into the public record and s announced that copies were available to the members of the City Commission and to the public. -------------------- ------------------------------------ ----- 14. SECOND READING ORDINANCE: AMEND CODE SECTION 2-13 (ORDER OF BUSINESS, AND ' RULES OF PROCEDURE) - PROVIDE. FOR CERTAIN RESTRICTIQNS OF INDIVIDUALS ' ADDRESSING THE CITY COMMISSION ON NON-SCHEDULED ITEMS, EXCEPT UNDER DESIGNATED, INSTANCES - ESTABLISH TIME LIMITATIONS FOR PUBLIC SPEAKERS - ESTABLISH THAT PUBLIC. 'HEARINGS PERSONAL APPEARANCES AND PUBLIC { ,,..DISCUSSIONS WILL BE HEARD AFTER 4600 P.M. _ - -- -- - ------------------------ ----- -------------------- -- ------ -- --- ----- - -� Mayor Suarez: Item 8. Is that the item on which you wish to be heard, Mr. ma Gonzalez-Goenaga? , Mr. Manuel Gonzalez-Goenaga: Yes. Mr. Mayor. I'd like... 88 October 3, 1991 Y T Milyo 1 7Y 1 e(. a dK" let ffte , oni�i el-Ooenaga: bo you hear met 7 l 4 Mai or 5i acre Yee, but waits Wait, I just wanted to gheck and s that w,a d�C1 f' {{€ t 'i tells that you were up on the microphone fdr. - Is this ordi Hangs.• i this$ Mr, City Attorney or Mr. ty. „ need soy anything`in the record on t . 5: Manager? A: quinn Jones, iYI, Esq.: No, Mr. Mayor. Mayor Suarez: Can I just ask the general question if this tries to track down as the Board of County what other:board and commissions and agencies, such Commissionem and the School Board, do to organize their proceedings? Mr. hones: Yes, it does, Mr. Mayor.; 2 Mayor Suarez: OK, does i t assure that items that are of public impact and �y public import, in fact, permit public input from people? Mr. Jones: Yes, it does, Mr. Mayor, Mayor'Suarez: By what means will they do that? Can they do it right at the i Commission meeting or do they need to do it 9n advance in writing? Mr. Jones: The way it's set up, as long as they give... notice is given to that item prior to the item being heard. the Clerk of their intent to speak on . he Commission meeting.: Mayor Suarez. But they could do it the day of t Mr. Jones:`` it could be done the day of the Commission meeting. _- Mayor` -Suarez: Although as of right under our ordinances, I think to be heard you give five days notice if I rememberdffi before the, Commission as of right, tiro �' correctly �� Mr. 'Jones'` That's correct. Mayor Suarer. A11 right. Anyone wish 'to... P H Comm i ssi"oner . Al onso: Yes... ` Mayor Suarez: Yes, Commissioner Alonso -� Cannlssioner Alonso So; "what it says ,is not what. it does. It reads; the- City Commission ;in those 3 "Restricting a; citizen"s opportunity to .address. matters are not, expressly scheduled for public: discussion." -' }which Mr. `Jonesw: It does restrict -At ; in that -.regard. However, with respect to xy s -� matters that have been scheduled or advertised for public hearing, excuse me,:Ri in the Dade County Charter Bila of it prstects th at right as is provided for - NEW ��. Right, y October 3, 1,991 sus; - r icommissioner Alonso: OK if a citizen comes to one of our hearings, and it's not a publ i o 6. , it's hot adOrti sed as public hearing, and a ci ti zeh feels that he or she `wants to Makea comment relevant to the issue; -do they have that right Mr;. ,tones `here is a provision in here that Mould allow the chairperson to ; make that determination and, of course, if the chairperson - or should I say if the other.Commissioners are in.disagreament as to that person being heartl, 11 would take'' the vote of.,,, it would take a majority vote Of those Commissioners present to disallow that particular individual to speak. Commissioner Alonso: So, if one particular citizen want to address the Commission and members.of this Commission, three votess say that they don't ; want.to.hear that individual, we are going to prohibit that person from making - a contribution or expressing his views, or her views. Mr. Jones: As long :as it'.s an item that has not been advertised and,it's:on - _ . the agenda as a regularly scheduled matter to be taken up by the Commission.. = Commissioner Alonso: OK, so, in fact, we are limiting the citizens' right to speak in front of this Commission. Mr. Jones: With respect to issues that have not been advertised as part of that particular public hearing. Commissioner Alonso: OK, thank you. Mayor Suarez: But, wait, let me give an analogy. A majority of the Commission or,the chair-,who,,can be overruled by a majority of the Commission in any event - can also keep the rest of us from speaking on an issue. In - other words, can close off:"'debate. So 1,don't think-we',re being any more unfar',to a citizen in those extraordinary circumstances where we do that... Commissioner Alonso: Mr. Mayor,.it is... Mayor. -,Suarez: Is it not a... _ Commissioner, Alonso: .ee you and" , I have talked ;through :the years. ;than, the County ,,Comni ssi onees sometime feel above- they rest of the citizens;, and=you ;;and A I . have complained through the ,years about that. I don'.t want Ahat • to happen ;in .Miami.:, At least. my vote is going to be. -".no," because I feet, that even though,at times: -we., have-. to .pay very high price,: it's worth paying it, and allowing citizens to come forward and say -whatever they have=to say.• Mayor Suarez: And my argument w I understand what you're saying is that this only, circumscribes or restricts them to the items, as a general rule, `but a exceptions;; can be: made -if . any: Commissioner wishes to hear a particular individual on a particular item that's not _scheduled as a public hearing.'`; In- any,­,even,tt I'll •entertain a motion on• the:.ordinance.- Mr.< Gonzalez-Goenaga, -you want to:address ;this ordinance,,.I presume, sir. I forgot. Go ahead. NO 90 October 3, 1991 7 t�f S y_ q : . f, : t �o NOTE FOR THE RECORD: Commissioner be Yurre entered the Commission meeting at 9142 p.m. {° Y: 1 Mr. Gonzale2-Goenaga: 'Yes, Mayon And I respectfully request four minutes. hey,-as a` private 'citizen, another one as a member and chairman of the Citizens United Against Police Brutality, and another two minutes in a total o`f six minutes for.o: a Mayor 5uarol: OK, don't waste any more time requesting minutes. You have them. Go ahead. Mr. Gonzalez-Goenaga: OK, today if this ordinance is passed, is a very sad day for democracy. Here we have that our all statesmen in the Commission did sayj this is 'the Mayor's relief bill. ' And I would like this statement on Monday, September 16, 1991, that appeared in the Miami Herald, to be part_of the record. Mayor Suarez: That was a misstatement by my colleague, Vice Mayor Plummer, which I'm sure he would like to take back now. Go ahead. Vice Mayor Plummer: What was the statement I made? Mayo r°Suarez: That this was `the `Mayor's relief bill. - Mr. Gonzalez-Goenaga:`Furthermore.:. Mayor=Suarez: I ' think i t' was the Commission relief bill that you meant. .. But _ - :. go ahead. Mr: Gonzalez4oenaga: Furthermore... Vice Mayor Plummer: Who the hell said I wanted to take it back? Mr. Gonzalez-Goenaga: Furthermore, we have... I think that the Mayor.'did say something about disruptive. I'don' think that I have ever be6W diseuptive.in any meeting whatsoever. The ones who have been disruptive are all the Commissioners that spend all day g ving,proclamations,'wasting time, and when - they are supposed to start at 9:OO for one particular issue, they, start at - 00;��iving proclamation- to KAgosaki o'r'somebody�°el-se�, and many. other, Luis Sabfines 7th Street,`when Lui's'Sabines;is still" alive and well: And Leone Martinez;- who is`a convicted drug smuggler:..' Commissioner De,Yurre: And former client of mine. „ Gommissioner< Dawkins: J.L. "Ptumner, you got to cut out this smoking. J,L. Plummer, your smoking is getting over here. s Gonzalez -Coe aga;` We11, I didn't say, Ism just learning' hat. J 91 October.;3; 199� aiorrer= Da Vurtat Noi M saying di to VAYA, Y St QUIE11S$ FORMAR P96Si.SMA "PARA 'QU VEAL NO EMPIENCCS A HABLAR (001eti46 del et d) `5 Mayor suareza. Please ple se please i. Mri Gbn2ale-006hagat.. We116 I think that... Chairman, he is but of orddri _ W109946hrie0 "Oe Yurre: 1 Just want your to know that. VAYA QUE VENGO64141 Mayor Suarez: All right, please, 010969 please* Mr. Gonzalez-Goenaga.i. Commissioner De Yurrei VAYA,'PONTE A COMER (expletive deleted) CONMIGOi Mrj`Gonxalez-Goenaga Let me, let me... Mayor Suarez: ...there's a point at which your comments, which are also, you know, disrespectful of this Commission, become repetitive. Mr. Gonzalez-Goenaga: Well... Mayor Suarez: Once you've said your accusations, which, at different times, have been di'reoted at almost every member of this Commission', you= know; they're noted inthe record. -.Somebody, at some point, may or .may not want to sue you; for libel - apparently', nobody has bothered' with that, ` including myself. But "you may not 'be continuously disrespectful to this Commission. So,L,please,' just' stick to the basic point. The only time that a ever'said you were disruptive was like this morning when you took the microphone without being recognized or when you refused to leave the microphone when your time is =" up. The rest.,of the time, sir, what you say, as long as it's within the genera..="bounds of decency'-" even though you criticize our Police Department constantly, I'm sure they don't like it, even though you criticize. this Comni�ssion, even. though you make out"rageous `statements that "are defamatory, N and -if. anybody"hid the time or.the energy ,"could sue you for 1ibe1 1 ncluding - myself:.. Mr. Gonzalez-Goenaga; Go ahead. Mayor Suarez:: Sometimes I -just doh t-'think it's worth the effort ,' -sir. i Mr.�Gonzalez4oenaga OK. - Mayor' Suarez: ` If I thought you had a lot of assets, i `probably would; because ` I 'could use the `money fora good =charity. But i f you would, just . sti ek to F tie basic;Rpoint, finish your; remarks, and then we'll vote on this"ordinance.`,A11 right? Mri'Gonzalez-Goeniga:. In other words, these Commissioners,hei y see no eVi1 ; i;n what I say. They don't want`me to speak no evil, and, they don't want to hear no evil. Because th'e truth"�hurts`these Commissioners."� `And ,I ��urge,°:one` mac. ky°one, the old statesman in'.this"'Commission which I have a great respect; Mr. Plummer. A great respect also for the lady as member of this Commission, and sometimes "I think that skirts are betterthan pants in this Commission. And cannot say the same thing about Mayor Suarez, because' he knows damn well how 92 Octotier' 3, 1991 much l help him `during`, and I used to endorse him. And I have to admit that>i ctitted a, grievous faulty And Mrs... I urge Commissioner Dawkins to �►ete; ma aigainst i:his ordinance, because he is a n of full democracy who really wants � hid +oortiBtituents the black people, heard and protected. And I am also for that. > So, 'it's in: your hands t But the ones who are going to ,lose it the titizens ofVami, if you approve this measure. Thank you very much. Mayor --,.-Suarez,. Thank you for your statement. I assure you Commissioner. Dawkins' constituents are all the citizens of Miami. n Commissioner De Yurre: Have a motion already? Move it. Vice Mayor Plummer: Lat me clarify, if I may. Mayor Suarez: It's been moved, the items been moved by Commissioner De Yurre. Yes; vice Mayor.` Bice Mayon Plummer.This ordinance pertains to only outside of the agenda. Is that correct?` 4, = Commissioner Alonso: No. Mr. Jones: No, no, no. The restriction that was being discussed in terms of limiting access deals with matters that are outside of the agenda. The agenda _ deal s w1 th excuse me - deals with both, but primarily it deals with those items that have been publicly - should I say, been advertised - for public hearing. At the'same time, it does make a -provision for limiting access to those; -matters that have not beenadvertisedand that are part of... that are not a'part>of the agenda. Vice'Mayor Plummer: I thought`'all of the agenda was advertised. We'" ones: -Therestriction, Mr. Plummer, that we were talking about earlier, J in response to Dr. Alonso's question relative to limiting citizens who may rant to appear at a meeting and speak on an>item_that>does'not appear. on .the agenda; there's'- a provi si on that deals with that as well . ''i n this -parts cut ar. � ordinance. Mayor Suarez: :As .to internal: matters that we.wish"to discuss that are not, subject and susceptible typically to public input. Does this ordinance,.h allow us ,,to :advertise =that these are discussion items for ";ourselves, - 'ton f egi 51ative Atems for ourselves, which no public input .,is expected? 1i_ke J the= County does, like the School Board -does? By the way, the State Legislature functions that way as:to -a11 items. I don't think they 'hardly 1 4,4Y 1 sc ever' -take any public input except in committees. We do it'here, and anyone _�.. who wishes to.bw heard... Vice,mayor'Plummer: Yes, that's where we lack, is in committees. Mayor Suarez:', :.is,still allowed to request a hearing before -this Commission . and`be,s eciall set,'are they not? p y r _ Mr. Jones: That's correct. _ max; 93 October 3, x991 3 4 x Mayo suirazt uftder the existing ordinance. And then, even on items which wo s {- pot to discuss among ourselves and legislated that are not fore ublie p . ti ing, and are not required to be for publit hearing, there's:stf. are x eteaordinary process that they tan gothrough byrequesting,to be heard� Add , ' this C iasion tanallow it, the chair can allow it and the majority Ali tie Ctiission can allow it. Right? Mr.'JonessThat's correct. 9p Mayor Suarez: Even as' to those items. All we're doing, basically, is signaling.` Look, the times that we take public input are in the afternoon, or part of the agenda. The rest of the day, we're going to be working on our own internal matters, and if you want to address those, you can address them later on in the day. But we have to get on with the business of running the City, and snot have speeches on every single item that we have to consider. That" all it fis. Commissioner bawkins: I second the motion.- t: Mayor Suarez: Moved and seconded. Any discussion? If not, please... Yes, Vice Mayor. Vice Mayor Plummer: I'm sorry, I'm still confused, I'm sorry. Commissioner Dawkins: That's nothing unusual, but go ahead. Vice Mayor Plummer: That's right. I learned from you. Are you saying by the passage of this ordinance that there will be items on this agenda that the public will not be able to speak to? - Mr.�Jones I'm not saying that, Mr. Plummer. - Vice'Mayor Plummer: What are you saying? commissioner Dawkins: What we're saying is that by passage of this ordinance, ; perhaps we can cut the philosophizing and other stuff of us Commissioners and also of the people in the audience. Vice Mayor Plummer: Then I definitely vote against it. -. Commissioner Dawkins: Now, 1f, by the same token - in my view - if `an 4? ndividual`wishe's to discuss ian item, I have no problems with scheduling 1t, 6:M o'clock, so you all; can stay here tiII 9:00 or 10:00 o'clock, if, you wnt to tyet'sfi rid someway to move our agendaso that when -the pub1 i c come to our meetings expecting an,item to be heard at 1000 o'clock,'.,thatYwe.`can _ hear°;it as near`to 10:00'o'clock as possible.' And not have a person f z _come`here at�9i00 o'clock expecting to have'`their item heard at'-10:00''oIclock,'and'they. end tip 1:00, 2:00, or 3:00 o'clock in the morning. Now, J.L., that was myiNA reasons ,for .,supporting` this item,_ to try to streamline the hearing So that Nis these"citizens,'who`°are desirous of getting `out of here can''get out, `and °°those .. ndiiriduais who'want to -'be heard on an item, I have no problems with saying, let's move this item to the afternoon, so that they could be heard. - a i.; 94 October 3, 199 x, t I& •.y rt x y ai - * ' a 9 ar„ i`' ^ye'x_=a s r T OR • Vice, Mayan "Plumer: Millet', i'M all in favor of trying to find ways to Areatitle' all {item. The teaeon' we have an agenda is for the public to be �4' ' ft"of whlt we're doing. And if you're in any way restricting the right of ,,i individual citizens of this community to come and speak to the issues, why the lei 1 ;:deb, We °have are agenda's Why' do we publish it and make i t ' khown = to the lb publid? � f� Mayor` Suarev: Because they have a right to watch our proceedings, our deliberations, and know our votes. And then they have a right, at the appropriate time, to give their input. But not any old time they want on any �ol d item >that : thay want. Vice Mayor Plummer: Well... Mayon Suarez: No board that I know of in the entire world functions like that, except the Miami City Commission. xK F. Vice Mayor Plummer: Mr. Mayor, our problem.:. 4 Mayor Suarez: And, of course... If I may just address one point... Vice Mayor Plummer: Sure. Mayor Suarez: ...that Commissioner Al onso raised ` properly. She `says; with the County, it seems .1,ike they 'are above the citizens giving input. And that's true. But it's not necessarily because of their following the agenda. It's 'because of thewholelayout of the place - which, by the way reminds me of this one a little bit - it's because they restrict entry into the facility where we usually don't. It's because of the way the Commission meetings are fiindled too, where they don't :.really encourage a lot of public input sometimes. And they... Mr. Gonzalez-Goenaga should try going to the Countiy Commissi on and expressing himself on � every issue' like he does here,' and `"see how far he' gets. - Commissioner Dawkins: Not only..:. Mayor, Suarez: We are very democratic in our approach, and we,, -you' know, wew allow people.to bend almost>every rule to be 'heard. But we're' trying' to establish'some fair y-simple ,and nonrestrictive rules,° so that can 'get through = < F some of"our =items hat•are not susceptible `to public hearing. } -' Commissioner Dawkins: Since we are in. the State of Florida, since we are in ' Dade County, and Dade County has home rule, what make 'it OK for'.the Dade,; County.School Board to operate with a set of. guidelines we are trying''to = establish here? And what make it all right for the Dade County `Conmission to ; ' operatewiththe kind of guidelines we are attempting to establish? What _. the difference, Commissioner Plummer, since you've been here longer than -`any. of us: Vice Mayor Plummer: Oh, OK, the difference that I see is where we don't.have �.; committee meetings. Now, in Dade County... Commissioner Dawkins: The School Board has committee meetings? -� 95 October 3, 1901 y e v te Mayor Plumper: Yes. And the State Legislature has c& nittee meetings in Wth they allow everyone to testify. Now, you know, we have a policy here that we donti.. . Mayor Suarez: What's very restricted, by the way. No one allows people input+- as much as the City df Miami.. Vice Mayor Pl urr et: Mr. Mayor... ;4 Mayor Suarez: ...committeesand special hearings and workshops. Or even general Commission meetings as we do. Nobody even comes close. Vice Mayor Plummer: Mr. Mayor, I couldn't agree with you or others more that we have to streamline, and no one has the right to speak on every issue just to speak. Mayor Suarez: Yes, that's the only point that this makes. > Vine Mayor Plummer: 00 Now, the point... { Mayor Suarez: If it doesn't do that then, then it's not a good ordinance. Vice Mayor Plummer: I still 'say if we have an agenda,' it's for the public to know what we're, doing, and for -them to have their right of voice to come down and tell us. That's what we're here for. - Comnissioner, Dawkins: OK, we're doing just what I don't want to do, and that is prolong the meeting.. So I..: Vice Mayor Plummer: OK. Then call the vote. Commissioner: No, I'm not going to close it. I'm going to withdraw my motion and I m goingto go outside white you'all vote, since I can't sit Y here, -and not ,how _ vote,;and,see this goes. �a or Suarez: No,' no, no. Don't do that, don't do that. Stay right there. M%a V:hP. �y= y right there, we're about to vote on it. If there's no further discussion, I'm inclined to close debate. We've all expressed; our views ;on '. this; and if you could read please the ordinance. It's been moved. and seconded. Second reading: Call the roll"on the ordinance. K y t 96 October ' 3, j99j, 10 AN ORDINANCE AN ORDINANCE AMENDING SECTION 2-13, ENTITLED "ORDER OF BUSINESS AND RULES OF PROCEDURE", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY EXPRESSLY PROVIDING THAT ANY CITIZEN IS ENTITLED, AS OF RIGHT, TO BE PLACED ON THE REGULAR CITY COMMISSION MEETING AGENDA FOR THE PRESENTATION OF INFORMATION AND MATERIAL TO BE CONSIDERED BY THE COMMISSION; ALSO PROVIDING THAT THE CITY ATTORNEY AND THE CITY CLERK MAY PLACE ITEMS ON THE COMMISSION AGENDA WHICH AGENDA IS TO BE PREPARED BY THE CITY MANAGER IN A FORM APPROVED BY THE CITY COMMISSION; FURTHER RESTRICTING A CITIZEN'S OPPORTUNITY TO ADDRESS THE COMMISSION ON THOSE MATTERS WHICH ARE NOT EXPRESSLY SCHEDULED FOR PUBLIC HEARING OR PUBLIC DISCUSSION; DECLARING THAT EXCEPT FOR SCHEDULED PUBLIC HEARINGS AND FOR THOSE MATTERS UPON WHICH PUBLIC DISCUSSION IS SCHEDULED, NO CITIZEN IS ENTITLED, AS OF RIGHT, TO SPEAK ON ANY AGENDA ITEM WHICH IS BEFORE THE COMMISSION; PROVIDING THAT SPEAKERS ADDRESSING THE CITY COMMISSION BE LIMITED TO TWO (2) MINUTES UNLESS SUCH TIME IS EXTENDED BY THE COMMISSION CHAIRPERSON; FURTHER ESTABLISHING THE RULE THAT UNLESS IMPRACTICAL, THE AGENDA PORTION ENTITLED "CONSENT AGENDA" BE SCHEDULED AMONG THE INITIAL ITEMS FOR COMMISSION CONSIDERATION AT ITS MEETINGS AND THAT THE PORTIONS OF THE AGENDA ENTITLED "PUBLIC HEARING", "PERSONAL APPEARANCES" AND "PUBLIC DISCUSSION" BE SCHEDULED NO EARLIER THAN94:00I P.M. ON THE DATE OF ANY COMMISSION MEETING; CONTAINING 9 A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 11, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, 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 Mayor Xavier L. Suarez NOES:` Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.-10927. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: 97 October 39 1991 F 6j Vito Mayer ` Plummer,. ummer,. Rased on this fact I don't think it's accomplishing what .. we're trying to accomplish, I have to vote no. comissioner biwkinst I'm voting .yeso and In voting yes, Live been here 12 years, and I have never seen this Commission not hear'a citizen. I have called people out of the audience to the mike because they wanted to be heard, r` and Iexpect to do that in the future. But I have, in the last year anda- half, seen individuals,who come to the mike on every issue and prolong the meeting and in the event that this does not accomplish what we want to accomplish in six months, then I will make a motion to rescind it. I vote yes. .Y----iYiY-----li----- ---YID------- ------- ---------- is► (A) SECOND READING ORDINANCE: AMEND CODE ARTICLE IIl OF CHAPTER 38 (BAYFRONT PARK MANAGEMENT TRUST) ESTABLISH DEDICATED REVENUE SOURCE FOR THE MILDRED AND CLAUDE PEPPER FOUNTAIN IN°BAYFRONT PARK MANAGEMENT TRUST TO ESTABLISH USE CHARGES FOR TENTS, TICKET BOOTHS, , FENCING, TABLES AND CHAIRS OWNED BY THE MANAGEMENT TRUST, WHEN USED IN BAYFRONT PARK. (B) LOAN SM43 TO BAYFRONT'PARK MANAGEMENT TRUST FOR OPERATION OF THE MILDRED AND CLAUDE PEPPER FOUNTAIN. ------------------------------------------------------------------------------ Mayor Suarez: Item 9. Establishing a dedicated revenue source for the Mildred and Claude Pepper Fountain - the second reading. I'll entertain a motion on this item. Commissioner Aionso: So moved. Mayor.Suarez: So moved. Vice Mayor 'Plummer: Mr. Mayor, I have to follow up with another motion immediately after, this. Mayor -.Suarez: OK. We.'1i take that to be a second. Vieel ,Mayor. Plummer: Second. Mayor Suarez: Thank, you. i got a memo, I think, today, from -Mr. -Katz .about. how the fountain is..now going to be setf-supporting... Commissioner Alonso: Finally. Mayor.Suarez.• ....and, anytime that we've derived substantial funds' 'from the , use of the park to operate this fountain and 'so on, that's great. It concerns -- me a Little bit that the implication is that this is somehow a dedicated, - "source, or that the fountain ' is self -supportive when the park ' i s b'ei ng used generally, and the funds 'then apply to the operation of the fountain. s. Everything that is done in the park inures to the benefit of the entire park operation, but I don't have any quarrel with the intended use. So, we have:a57 motion and a second. Any further discussion? If not, please read the ,. tr! e r"C A { .. AN ORDINANCE AN.ORDINANCE AMENDING ARTICLE III OF CHAPTER 38, AS AMENDED, OF THE CODE. -OF THE CITY OF MIAMI, FLORIDA, `* `ENTITLED "BAYFRONT PARK MANAGEMENT TRUST", TO ESTABLISH A DEDICATED REVENUE SOURCE FOR THE MILDRED AND CLAUSE PEPPER FOUNTAIN LOCATED IN BAYFRONT PARK AND TO PROVIDE THAT THE BAYFRONT PARK MANAGEMENT TRUST MAY ESTABLISH USE CHARGES FOR THE USE OF TENTS, TICKET BOOTHS, FENCING, TABLES AND CHAIRS OWNED BY BAYFRONT PARK MANAGEMENT TRUST AND FOR USE IN -THE BAYFRONT _ PARK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on 'its first reading by title at the meeting of September 119 _ 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Vice Mayor Plummer, the Ordinance was thereupon given its second and final reading by title and passed and } adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller'J. Dawkins Commissioner Miriam Alonso Vice 'Mayor J L. Plummer, Jr. = Mayor Xavier L. Suarez NOES: None. = ABSENT: None: GN THE'ORDINANCE WAS DESIGNATED ORDINANCE NO._10928. t. 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:. }} e Vice Mayor Plummer: Mr. Mayor. Mayor Suarez: Yes, Vice Mayor. ,r,$ Vice 'Mayor Plummer:It will tickle my�"61ue'Brother" to m end, when 1-make = the statement that;you have technically -cut off my water. This ordinance'is - proposed, and we .did not include any monies-for,the fountain in ,this :year's =' 8 budget in anticipation of this ordinance passing. I will have to ask this Commission for a=grant, as -they have in the past, nowhere near what you did, in -, -! the past,, of two hundred thousand dollars ,($200,000) but for fifty thousand 7j, -; dollars ($50,000) until this source of revenue starts coming in to in fact'- operate the fountain until the source of revenue which you have just approved starts to come into the authority. _So, that is the way the Manager asked that an it be done so the he didn't have to: put it inthe budget. So,'at thistime I will make:a motion that the :sum of fifty thousand dollars ($50,000).. fifty- four thousand fourhundredand forty-three dollars .($54,443) be given to the Bayfront Park Trust Authority for the operation of the fountain as it has, ' been. f 99 October 3, 1991 � �y�„L # -.� ,,`�-ram .'�"0-�: # Y?w""FS-�':•+e°?Ka+e =,+. . >, r zs,� 'I��4 '¢� f'yyryT `zG z, Oortliesdhr�;Devkins::�11 be voting against the notion, because you &11,toil Irie thre budget Was balancado then you come up dust now and tell me that.you had xx raditated° sour�6e .to- pay for the water. Now, after you get the dedlc ►tetl € pay for the wateryou te11 me you need two hundred thousand do11ats °U t$200"000) I tali t: vote far, ! ?' Vtoe Mayor. Plummer. Wei 1, .the Manager is bringing up a good point which We had not discussed and Ira would have to discuss this. Is this in the form of a 1oan:or t grant? Commissioner Alonso A grant Mayor Suarez. Once says grant, the other says loan. , = Vice;Mayor'Plummer: OK,, Mr..1-ral Katz: Basically, we.46. Commissioner Dawkins: Pull the mike up so you won't have to bend down; Vice:Mayor--P.lummer.,.1f we were to get ample monies to operate the fountain, then h would think that the Bayfront Park would make it in the form of a loan. Let, masay to�.you that, as' anti cipated from the - revenue ,°,they wi11>not'be able,. to pay; back the.,fifty thousand dollars ($50,O00) from this source.' Mayor1Suarezi. _:oK. Vice Mayor,Plummer:.`It is anticipated that this source would bring in at the most, about:a hundred and seventy dollars ($170,000). Commissioner=,Dawkins: I will.., if there is a second to the motion, -I wi11 ' - offer an amendment to the motion that...: — ' �aft , s•' a - _ Vic6l, Mayor Plummer: Well, I withdraw my motion and listen to yours. Commissioner Dawkins: OK, I'll make a motion.< , hS�Y Vice Mayor Plummer: All right, sir.' Commissioner Dawkins: If, the 'Manager finds two hundred thousand dollars £- ($200 ( for ;Bay front:,Park,- .then the :Manager,: has to find two ;hundr ed thousand..dollars--($200,000) _for, me -to put in =the :rest of ;the; parks:: in tithe City of Miami,,, So,_that' s four hundred thousand dollars ($400,000) that we need.:: ;Y 'j 1• 'asking two thousand, Vice Mayor. Plumper: Mr. Dawkins, we are not for hundred Commissioner Dawkins: What are you asking for? ,} V.f ce .Mayor^, API ummer:,. : We are aski ng y for fifty-four thousand four hundred atnd forty-three dollars ($54,443). - 3, 100 October 109i o bi a� brier ; �►iv K61 1filt s ai 17 That + t &I I you ' need for the year; fifty wiry t j��yp �1 { y�/"� �j jl� �(y��y t 4l1u11V1 WW� �al 1 thCt VNI 1 Quit v zYI i f to 1'1� 1 01 UMOr its yes, si 1 i Vice Mayor Plummer: And hopeful ly.i. , Ci istieher Dawkins: And you will not be back? Vice Mayorl"Plumer: Sir, -hopefully, we will have the anticipated revenue from this tent rental which will... Commissioner Dawkins: All right, I'll withdraw my motion. Let me make Another;,motion. I rsake a motion that the Manager find fifty-four thousand ddllars'.for`Dayfront Park, find fifty-four 'thousand dollars for me'to spend,,1h the"rest of the City`parks, and any money, I move now, that any money that the Bayfront park need, that the Manager give it to me and give me the same amount to put in,the rest of the City parks. "that's my motion. Bice'Mayor Plummer: All right, sir. Mayor Suarez: So Moved. Vice Mayor Plummer: All right. Now, Mr. Dawkins, 1f, in fact this Commission wi,l l go` ow record of no longer 'waiving fees for Bayfront park,_ I don't need the fifty thousand dollars. The waiver of fees by this Commission last year Amounted,,to-approximately ninety thousand dollars ($90,000). Commi ssi oner'a Dawki ns: ; : OK: Mr. 'Plummer... Vice Mayorl�Plummer: OK., Now, if 'you will make it a..po11ty;6f this Commission... Commissioner. Dawkins: Mr. Plummer. Vice Mayor Plummer: ... that henceforth, we will not make any fee waiver... Commissioner Dawkins: Mr. Plummer. w, vice Mayor Plummer: Yes,' sir. r Commissoner,'Dawkins:' Of'thespecial interest groups that have appeared here f before us and asked,us.to waive the fees, how many did'you vote against? Vice Mayor°P.lummer: I didn't vote against any of them, sir. 3 Cornmiss,i6 er Dawkins: All: right,'.so therefore, you've been right along with Y ' the rest of�us. A community come and asked, and we gave, } Yice Mayor Plummer: Sir,.I don't disagree with g you but you want. y :. look, do _ you want` the fountain 'on or''don't you?. z Commissioner Dawkins: Begpardon? Do i want what, now? a -_ 101 October 3, 1991 n� Vice: iybr1u>itr: 'that's a stniple thing, You know', why ant I plaoed its; a p tttmV'fighting ,for a fountain t didn't want in the first placed rn,'- Commissioner Dawkins: 1 really don't known 1 K Af t Vioe Mayor'piumtner. You `people sent me there, have reduced the overhead his th i ng this 066Hssionbr Dawkins: Y really don't know why you went over there. Vice Mayor Plummert . . I don't know what you want from me, Mayon Suar�: You've done a great job. You're not allowed to resign. every time zy6u tried to resign we've reappointed you by majority vote, four to one, with you voting against. Vice Mayor Plummer: No. k" C6*issioner Dawkins: You cannot resign. That's in your neighborhood, you i can't resign. Vice Mayor Plummer: It's not my neighborhood. :} Ma-yor''Suarez: You're appointed for life. Vice Mayor`;Plummert Thanks. z, Mayor Suarez: President for.life of the fountain, I mean, the park, Whatever.. Commissioners, 'what it comes down to is that you think it will be self - supporting except to the tune of fifty-four thousand dollars ($54,000)? r. Vice Mayor Plummer: Yes, sir, we sure hope so.,3 Commissioner A1`onso:, Until they come back. Mayor Suarez: '-'Where did these pennies and dollars come from? Why are you r so... Vice Mayor Plummer: They are coming from this ordinance that you just passed, sir.° We 'are making it mandatory that anybody that holds a festival 'in r Bayfront Park must rent from the park, the tents and all of the paraphernalia.< Suarez: So it's a, projection of the revenues in .the fiscal, year, that j1ayor usir `now begins, "that...f _, `< _ f Vice Mayor Plummer: That is correct, sir. k. Mayor Suarez: ... you wilt have a11, except fifty-four thousand;, et cetera? ' � Vice Mayor Plummer: That is'correct, sir. And the Manager asked me not to° put into the regular budget, the, money for the fountain. e r =r `2t - 102 October 3, 10 r px'd e fa w 4- i�eruara: NOt bi -deal or anything, but in the future, don't Say fifty thirty-two dollars and sixteen Dents Or ti i� °4 iur thousand eight _ � You don't know if it's going to btzliftyhundred and 3t riathii�g� when it s a pr�ojaotiOn f�sr, or fifty-fiv+sl org you know, pleaser: Viila.Mayo�r plumme�r. No,. sir. We know what that will do! sir. OK? We know how 'Deny hours that will run Approximately a quarter. Mayor.5uarex: So, you have an estimate of the anticipatory term that you're to keep the fountain going until revenues going to have to spend the money begin to come -in and you put that in dollars and centso it's not the smartest way to do it. Commissioner Dawkins: But Mr. Mayor, if the budget is balanced, you know, thousand dollars form? where you going to get the fifty-four Mayon Suarez: Yes: Commissioner Dawkins: If it wasn't budgeted, and you didn't put it in the , budget, where you're going to get 1t from now? Mayor Suarez: Yes. That's the philosophical question. Is this really a loan or a. t o? 1 vice Mayor Plummer: Fine. Commissioner Dawkins: No, it's no philosophical, now. There is nothing philosophizing at all. Mayor' Suarez: Well, practical, pecuniary question, however you want to call Vice'Mayor Plummer:` Look, I'll do like everybody else does around here. Put �of- If I don't have the money, I don't pay. you=. "Oo it4 in the form a .-loan. back``and take -my water back. r Comnissfioner`Dawkins: =OKNo' problem. Vice MayorPlummer':` `All right? Put it° in the form of a loan... Mayor Suarez: It's,got to be.a loan. Vice Mayor Plummer* Fine. Mayor Suarez. Now, understanding, it's not going to be signed by you, Mr. Katz, I mean, you're not endorsing it but... Commissioner Dawkins: Only make the loan if we get J.L. Plummer's credit card, then they -make the loan. Vice Mayor'Piummer: But I'm not -signing on the note. UnidentifiedSpeaker: Mr. Mayor.' 103 October 3, 1991 a.,, YA' `"r f t < r = c e ,iv ` x 2*.,-�, t '' cF ,'tn3 'yjf•.% "V-'«''x y+'�4"t5 dui j r COMMistioner Alonso: The Irony of all of this.., '' Mayor Suarez: Ahern -Plummer Funeral Homes guarantee it. Yes, Gomnlssioner, f r- 3 Alonso. t Commissioner Alonso: Oho that's good. The irony of this is that. the mistakes made in this park has cost so much to the taxpayer, and now we continue to-, subsidize this fountain, and we will continue to do so, because they are coming back, believe me. And also, one other problem. It's a park that is supposed to be for the people but it cost a fortune to use it. it's very, very expensive. Vice Mayor Plummer: Miriam, if we are successful, the total operation of the fountain should be covered by this new tent ordinance which has just been passed. And it will not be out of taxpayers dollars. You could argue the other side if you want to, that money that's going to be from the tent rentals could be used for other purposes and I can't argue that point. But I think it was very imaginative on both Ira Katz and in particular, Rodney Barreto who tame up with this idea and went out even and got the people to donate the tents so that we could have them for rental. So, I am just saying to you, hey, guys, you want the fountain on, you've got to loan the park fifty-four thousand four hundred and forty-three dollars. You make it in the form of a loan, if we - as we anticipate the revenue comes in for the tents we'll pay ' � you back. But if we don't get it, you've got to understand, we don't have any other source. Mayor Suarez: I will propose something here that may be an acceptable deal to the majority of this Commission. Vice Mayor Plummer: Fine. Mayor Suarez: If, as the time... (ELECTRONIC TAPE MALFUNCTION) .... be spent, you�would:report back to this Commission before we approve the last, fifty-four thousand dollars as to whether you will be able to -pay it within the fiscal year. Vice Mayor Plummer: No problem, sir. Mayor Suarez: I don't know if that makes any sense. Commissioner Alonso: That's 'good. Vice Mayor Plummer: So move. Mayor, Suarez: All right. So moved. r 1 commissioner Alonso: Also, may I ask a'question... Mayor.Suarez: Commissioner Alonso. Commissioner Alonso: ...,about the fountain? When are we going to receive the report of the condition of'the`fountain? Didn't we order a report about the condition that the fountain is? 104 October 3, 1991 lit 511 V oe M y r PIumer: About thirty days agei na Comisswer Al onto: When? Thirty dos �fE INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD. Vice Mayor Plummer: I don't think that microphone is one Commissioner Alfonso: Meaning that we Might have additional probleme with the fountain? Mr. Ira Katz: Comrnissioner; right now, that has to do with the independent surveyors looking- at those, problems, not directly in the fountain particularly, but in the park, the other previous areas of the park that are constructed. I'd like to add one thing Mr. Mayor, and it's very important, that one of the things that we!ve been able to do at the fountain last year, is that we reduced the operating cost from forty-eight dollars an hour to 1V thirty one dollars and we have some other people from the University of Miami K" working with us, and we feel that... Mayor Suarez: Remember, it's not just of the University of Miami, folks, it's not- JUStL reducing the:.operating cost, as important as that is, it's also making that fountain, when 1t is operating, when we are paying this money for it;:to-look like something worthwhile. Mr..Katz: Right. .i understand that, sir. Mayor Suarez: You've got a bunch of jets, you've got an incredible computer system ,':you've,got water, pressure; you've got pumps, see if you can make them do something a little bit more lively than the water kind of bubbling over the top,like coffee that overboiled or something. Commissioner Alonso: It's a horrible fountain: Mayor Suarez: You've got a bunch of engineers at University of Miami... is it Miami:ors FIU? Mr: -Katz: Miami'that have been volunteering their time for'us. Mayor Suarez: And they should be able to come up .with, something- more 4. interesting';than=that. And, then,. you know' your=work, notwithstanding, you';re doing a good jab. Vices Mayor Plummer: - Mr. Mayor,, -let -,me' just... what, I 'broached„ on `this morning,°:there 'it,one�other "point,that's"in contention with thi :Commission might-_- have to,;' -deal ` with eventual I . =-We used-,- abroker to "do' all of"the i fountain: ';"He, i:s in receipt of� all of the guarantees. He; 'gat this ' 1 ooki ng.rfor a :.continuing -ongoing fee to .continue . hose warranties which=`I say; ,. 1; rightfully, shouldhave been ours' - in the first place. We paid fora them: But because , .he was the broker, he -is, holding those' guarantees' in his ti ght l i ttl e fist;'sayi'ng, C1ty;>if you want to -continue those guarantees; you're going to have `to deal with `me'. And dealing... r =: Mayor Suarez: You don't'expect,us to make a decision on that todayi`d,& you? = a 105 October 301991 `uf,`''ii,F -- t_ • �"9:'?. i`3`} ; r KI`euS4 T# sty � y vita Mayor PIumrrme0 Nos sir; but I any saying you're going to have tot. Mayat'.SUAre2:-.OecauSe I would .like to get briefed on that. 4 t vide Mayor -Plummer: 'You've going.to have to deal eventually with it. Mayor: 5u:re�the terminology, is .not quite sinking into me. I don't. kr►gw j what he, means by broker, I don't know what he means by guarantees, Sot if you get a chance to brief me on that, I would appreciate it before I am ready to' vote on anything like that. We have a motion on the floor, the moving k Commissioner has... he isback with us. Do we have a second on this motion? _ Do.we have a:second on the motion to approve item 6, second reading of the ; ordinance Commissioner De Yurre: J.L. moved it? Mayor Suarez: Yes, it was moved by the Vice Mayor. kFi {`y' Commissioner De Yurre: I'll second it. Mayor. Suarez: Seconded. Commissioner Dawkins: Under discussion. Mayor Suarez: Under the :gun, yes. Is this now at the first reading. even though it says second reading here? Commissioner Alonso: No, we already... Vice Mayor Plummer: Well, there is... no, sir. We have !already, second reading_ -Item number 9. Mayor Suarez::'Oh,;I'm sorry. A11 right. Commissioner. Alonsor. We are in a'dif... Vice�,Ayor Plummer: This is a motion that i,am making after that. passed.-. 'Mayor{Suarez: You're right. Thank you. OK, it's a motion and a second on A-,' rc, related�_Atem, but not an ordinance: --Yes, Commissioner Dawkins'. ` ,s .v y Commissioner Dawkins: I, have:a problem: with :where we .are. The ;Manager Y* t_ constantly ,tel ls: me there; is' no money, but every Itime. someone on:.thi.s sI'd W: �y the table comes upwith an idea, the Manager finds the money. Now ,.I've said from day: one;..�the..budget is :out of- balance, ,everybody says I am °crazy: If we had three days of demonstrations in Little Haiti where overtime has to be paid to, the =,police,= and to the°firemen, which. means more money: has : to be; :found: some pace, : So, ,I >wouid like for the -Manager, -. and Anesta, start taking a list j now, the first mone y given out is fifty-four thousand dollars. Mr. Manager, °k i tomorrow morning:�and,after every Commission meeting, I want a memorandum from you telling me what line item you took what money from. So, when Avesta - finishesswith the Gist tonight, in case you missed some of'them :I will gI've you,.,ihe. list and by no later than Monday morning, Ind like a list from you' r 106 October:3, 1991 ���-.' Ad k _ i t i l "V1oe Myor ilu�nner� "des, but what about five, five, and five? ocean, why t� Y } Mould. a lock ouft lives in for -fifteen years? .. ; c F r isaioner De�Yurre�: Wel1,.�you're�talking about the first fifteen]��tr tie ° !. ,>. :. .. setond fifteen?, :' ga. r t roc, mice.. Mayor Plummer: 7 Y'm talking about the first... all fifteen, Why not fivei five and five? Mr. Garcia. Commissioners remember that this is a non-exclusive franchise, or we cool& give it to somebody else. Vice Mayor Plummer: I am well aware of that. But, supposedly, the interest rate goes up, and we want to get more money? Commissioner'Dawkinst That's right, J.L. Commissioner Alonsot That's right. v Mr. Wayne Hoffman:Good morning. Commissioner be Yurre: Waiti hold a second. What does the interest rate have to do with percentage of a business? I mean, like this is not tied into the prime rate or anything like that. This is what... the return on a business that they 'have. 00 So now, if you tell me that we're 'going to have mode people out there using gas, then we would get more money because we get'si)t percent of'that additional money. Vice Mayor.Plummer: Six percent of gross? - or six percent of what? Commissione r De- 'Yurre- Six percent of 'gross. Mr:'Garcia:°°'Yes'. That -is right. Commiss'ioner}.Dawkins OK.' Mr.Mayor, let`me` read what it sayshere. y ; t Mr. Garcia: Mr. Hoffman here.:. r k Commissioner Dawkins: It is recommended that a new gas franchise agreement,. be granted to People, Gas-.Inc.,v for an original` peeiod*,of fifteen years'-wfith a H renewal option for one fifteen year period. It does not say'anything'.about negotiating upward. 4 Mr.>Garcia: It doesn't say that, but it 1s intended that when there is a renewal there is that option. Besides- that...` ; Commissioner' Dawkins:" P ve been here long enough to. know, if it is not written down here, ° :i t doesn't. mean ,a thi ng-.ti;, Mayor Suarez: OK, we have two matters pending, and I think perhaps the franchisee wants: to address 'us; One' - is 'what is:a proper. term, and I`have a :;..- feeling he is going to want to address that, and the other is; how clear do we want'to=be - certainly, in the ordinance 'we should be eminently'.clear', that- t 1`s our total, unrestricted, :discretionary option, the reap meaning of option 114 October 3, 1991 r F Fn to renew# not to renew#. to increase rates and negotiate with them, or to simply, go, out -to ;the. rest of the world, So, when we say, at our.option, it should include all the possibilities, Carlos. Otherwise, as the Commissioner dust ready .. it isn'tclearb if they have vested rights to negotiate with ge only increases according to a:reasonable cost of living, any of that w want to say, -;it's our option to not put it out to bid, and to simply deal with,ono group. -and., increase the rates in the process as much as we think it's competitive, If not, we go back out to competition. i mean, that's what... the option we want to havei is that right? Vice Mayor Plummer: Aren't they regulated by PSC (Public Service Commission)? '. Mr. Garcia: I believe so, yes. Vice Mayor Plummer: And the PSC gives them a nine percent investment return? Why should we take six? Mr. Garcia: Because we want to make an investment. That is just a franchise fee, as I said, which is... that's the average, that's what... the highest franchise fee that we. could find anyone is ,charging at this point, six percent. We have an option that if they charge... if they collectmorethan six percent for another City, we can increase our fee to that percentage, whatever ,that percentage is Mayor Suarez: It's more or less like this, if you make less than nine percent on your funeral home and the people who lend you the money charge you more 't than. six percent, pretty, soon,, you're going to be squeezed out. I have a feeling that's what he is going to try to tell us. Mr.. Hoffman: Yes. Good morning. My ,name._.. good afternoon, excuse me. My name is Wayne Hoffman, I am the general manager of Peoples Gas System. What this is.really'all about is the renewal of an existing thirty year franchise. Some little background... Mayor ;Suarez: That's not a real good beginning. That's not a real good beginning.in view... 3 Commissioner Alonso: I know. Vice.Mayor Plummer: Because we made a mistake in the past, we should" do" it, again. Mr. Hoffman: No, no, i didn't mean that. I was just going to try to get Mayor:Suarez: -Thank you. Some other people have -tried that approach with -us, - and it doesn't work out real well for them. Why don't you just start from scratch and tell us why this is a good deal for the. City, and you couldn't possibly do better than that, and forget about the last thirty years. Vice Mayor Plummer: Like the first two minutes. Mr, Hoffman: OK. Peoples Gas System has entrenched within the streets of: the City of Miami an entire gas -distribution system. We've put that in; 115 October S, 1991 - - ---- --- - As maintained it over the years, and expanded it. What we art Asking for, is the ability.to continue operating that gas system which is in the street$, Mayor Suarez: I guess the implementation of that, and you haven't done -it, i{ + and t respect you for it, the implication is, if we did re -award you a franchise, you could theoretically remove all of that and somebody would have to start from scratch with that huge fixed cost. Mr. Hoffman-. That has never happened in the thirty-five year history I've been with Peoples Gas. We operate in thirty-seven different municipalities in the South Florida area. The six percent franchise tax is a tax that's passed on among all of the customers in the City of Miami, and all of the other municipalities that we in turn operate in. We also pass through a ten percent utility tax and both of those taxes are collected and then returned back to the municipality. In negotiating the franchise, they wanted in the f ranchiso, that at any time if we pay a municipality over six percent tax, that then the City of Miami then has the option, by ordinance, just amending the franchise for that higher fee. We have always... throughout the State of Florida, there is no municipality that is charging over six percent tax, because it's actually a tax on essential energy services in natural gas and the residential area to be used mainly for water, heating, cooking, and the restaurant areas, and so forth. So, we just... in negotiating, if they wanted to have the option to make sure that if any municipality raises that tax higher than six r; percent, then you people have the option of going ahead and doing it by ordinance within... when the next Commission meeting. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: May I ask you a question, sir? You said that the six 'I percent of the tax added pass on? Is that what you said, sir? 3 Mr. Hoffman: That is correct. Commissioner Dawkins: So, what you're telling me is that in order to maintain your level of profit, you pass on the tax to the user. But If you, Peoples Gas, wanted to reduce your profit, you could -very easily not pass the six percent on. Would that be a fair statement? Mr. Hoffman: No, sir, I believe that's. by Florida Statute as far as your utility tax and your franchise tax. Commissioner Dawkins: But you have to pass the tax on? Mr. Hoffman: That is correct - that we are governed by... Commissioner Dawkins: And a franchise fee to operate a gas company is called a tax? Mr. Hoffman: Well, it's called a franchise tax, yes... Commissioner Dawkins: Sir? Mr. Hoffman: ... as far as the Florida Public Service Commission is concerned, and we are obligated to operate by the Florida Public Service Commission's rules and regulations. 116 October 3, 1991 ' { h Iissi'66 r Dawkins: 'Afid Florida public Service Committee 0e99ifig e fre►odhiis fee whion you will pay in order to operate in a municipality, a text' tk two:' Wfman: They call it a franchise fee and it is noted on the actual bi 1 1, yes,. Commissioner Dawkins: Franchise fee? = It did not call it a tax' Mr, Hoffman: I'm not sure exactly on the bill whether it says fees or taxi But"I know they call it the utility tax, and I've always thought it was called C a franchise tax as well: Commissioner Dawkins. • Yes, it's a tax because the Peoples Gas are desirous of gassing 1t on If it were a franchise fee for operations, then Peoples Gas " would have to swallow it. I can understand... and being it's business, I s' wouldn't have a problem with it. Vice Mayor Plummer: Well, what I've got a problem with isdocking ourselves into thirty years. I have no problem giving them a fifteen year contract if it's reopened at the end of every five year term for the purposes of adding . -a cost 'of living increase',or things of that nature, whichever formula that you want. But to lock in my grandchildren for the next thirty years, without the availability of getting in more revenue, where they might get in more revenue* we don't. I don't think it's fair. E =( Commissioner De Yurre: Hold it. i need to clarify something.- Are we talking about fifteen or thirty? We are committing to fifteen...? Mayor Suarez: Fifteen. ! `Commissioner De Yurre: and there is an option for an additional, fifteen `that"at either party can walk away from. So, we are only locking ourselves .to A fifteen at thin point in time. Is that correct? - Vice Mayor Plummer: We can walk away... Mr. ddioi` If, they raise... in. any of their .other cities, they' contract clot. -fora higher price, we get that,'automatic x I4 Commissioner De Yurre: Then we get -that too. { s Vice'Mayor Plummer:' Wel I ; but then you see... Commissioner De Yurre: So, really what we are talking• about, is fifteen . - }' years, and everything else is, you know, doesn't have any.legal basis. Vice Mayor Plummer: The reason they fight so hard to get it at six percent, s, because if they gave us seven, they've got to go back and: give it,to all of t- therest.% ( Mr::Garcia: That is right. *r � t 117 October 3, 1991s . Mr. Garcia: No, if We don't... I am saying, if we oon'L nave a now 11allul � it back their investrt�ent. ; agrtemant then we would have to buy Commissioner oe Yurre:' I any talking about in fifteen years from now. Mr. Garcia: Either now.., at any particular time unless the State Statutes ft are Changed`,.. Iayor`''suare: We11, they will be in the next fifteen years. - Mr,&, GarciaYes. Mayor Suarez: I mean, it would be crazy to continue having that same status fixed by that time will have returned a when you`can argue that their assets fair :investment back to them. We should be able to keep them at the end of another fifteen years; -and we'will try to get that changed in the next fifteen years. i' Now, let me ask him. Can we by.., Mr. City Attorney, µ. Commissioner De Yurre. contract ee able to'get away fran that situation?.- about having to i can weiby buy out anything? A. Quinn Jones, III, Esq.: I'm sorry, L couldn't hear the latter part of it. , Commissio4r.�De'Yurre: :Can we�by contract be able to get out of fiaving to#bGy } out'any'amount hat is outstanding at the"end"of the contract? r, 9 Mr. Jones. Wet I don't think you'd be able to contract out something that"s 4 , ,a.ready provided for by statute'. -Because the statutory scheme is clear chat "ma 1t man datory';upon'the, mun'cipality to'r purchase existing plank or rk tk it kes whatever else i n the' event' that 'the municipality does not buy ` i t I mean `tfiat 7 `renew in the event that tte municipality is not going to the franchise. , :: Commissioner De Yurre: So, there.is no way out? Yice- Mayor Piumme� Wait a 'minute, let me ask this question,' using ,that{ terminology, We extend to them.a franchise,'we are not denying the franchise, s we arjust=d+enyingithem the franchise at six percent 'for thirty years. What for We've offered it to about if we offer them:a franchise nine percent? them we `are not denying them. We are' not denying them anythli g. Now, ,they 3z can `accept it or they can reject it, So. based on your State Statute saying, 4 if we deny them - we are not denying them. y i, 118 October 3; 1991 ate nn i` A g. 15 Y� i.�:...t►au be aeven.hundredthousand a year. 4 �. � Go isei nef De.:Yurrat; Now much odi6:. �t Will gb,up .to seven hundred thousand., a year, if, we cat: the �'� } t D iseibnew Dc yurre: :it will go u to seven. So, thousand every Month that wee dollars that we are YOU re talking about fifty, fifty some going,. OSe, As that Orrect7 Mr. O+ib: No. Because we getting three percent. Commissioner be 'Yurre: �Ia're still going toedollars?the ree percent? So, we end up; lining twenty-five, twenty eight thousan x Mayor Sueiret:, Half of that, yes. Commi'ssiorrer De Yurre: Right or wrong? Vica Mayor Plu' er:' When is the franchise up? _ commissioner De;Yur.re: Just want to make that point. ■ Mayor Suarez: Yes. Vice Mayor Plummer: When does their franchise expire? e Are Garcia: It's this year. Vice Mayor Plummer: What...? .In"October. x Vice. 'Mayor Plummer: In December? Mr, Garcia: No, it is before December. ,t Vice Mayor Plummer: I'm'sorry? t , Mr. Garcia: i.b;it's in November. elieve OK. Sayou've all the .month of `October to 1 ook and e Vice Mayor. P_lummer;, ; ,got back to us at the next meeting, with losing anything. come Mr..Garca: Would you like to give us some specific guidance as, to what items ncorporate=into:the'°agreement-as to the percentages, sir? v Yice Mayor, Plummer:: -Well, I. am looking for something y less than -thirty years,, ._ . andry something more than .six percent. Gomm ss- , oner De Xurre: `; Because, Well we, got fifteen right. .now. Isn�t that the case? 120 October 3, 1991 }� y s vitc mayor. pluften Right now* r Z but you have sores; idea of the paraMeters why �1ot1't brief rxF ti Mayor 5unr4e ii ��ch �hrenlissioner� ; t n, i- � Mw� �dio: �y the way', I need to say this, Mr Mayor. F } s Mayor:suare2: pis. Mr. 'Odio: You have the right under your authority to fix the rates that they 4 oharge=the customers. Mayor SUareZ:r We _do have the right? Mr. Olio: You do. They have to come here, that's what it says here. Mayor Suarez: Well, why don't you clarify that and give some options along discussing, and just brief`us more. I the lines that the Commissioner was Carlos, everybody wants to negotiate just a little closer Yty{ have a feeling, to ... Vice Mayor Plummer: Is Peoples Gas a nonprofit? y I don't think so. Mayor Suarez: .:. a little bit more profitable to the City, understanding If we could control 'rates.. that this is all passed on to the consumer. -the Vice Mayor Plummer: We11, we can sure include that in the franchise if we haw hat -`right. Mr..4Jonesr Under this Florida Statutory Provision 180.14, it specifically the right the City or. the says that the municipality does have ••• legislative body -has the right to fix,the rates for individual usersl Mayor Suarez: What may have happened is that Public Service Commission may, that right and 'advise`us? x, have°preempted that right. But why don t you check 'been 'later, -legislation And advise us.before the 'next Commi lion if:may have meeting. e Mayor. Plumper: Mr. Mayor. Ira, can we run the fountain on gas?{ Vic y Mr. Hoffman. : We do'run,the fountain. on gas and Peoples Gas, has donated that ' gas ever ;since 1t was ,turned on. Vice Mayor`Plummer: The fountain downtown? Mr. Hoffman: That's correct. Commissioner Al on Wonderful! ,:It! shot water? Mr. -'Hoffman: A total of two hundred and some thousand dollars to date worth h Vice MayorPlumner:. That's a plus and a feather in your cap, sir. '. i 122 October 3 PR, mWiT 2. rP - } x+►p o i sinner Aloe 101, WonderfUl i .. . , i ►yore' Suarep. You made him Very happy. Ali right, this would pthe�wise ;be . _ �z" v eter ifled at tine ." fi1 rst m�eti tip i n November, plbAse. 5 eond Mitt } betober1i rather Because I guess your deadline s cormn� up, What is the ': } . � �c fi nal date : of a tpi rati on of the existing franchise? i�ci: It's late in the year. It's either October or November, to. we are very close to that. Commissioner Alongo is it now or October? You said first December... is': Mayor Suarez: We asked the question a little while ago, we didn't get a precise answer,,and We ask it again, and we still didn't get a precise answer. Mr. Garcia: It's very close.: Vice Mayor Plummer: But when does the new one start? What's the date of the, new; Cane? j Mayor Suarez:, We'll table the item until you figure that answer. We can't f Just sort of leave it hanging. If it ,ends before the end of October, we need to take action" Vice Mayor Plummer:There's got to be a date 1n this one as to when the new a _ one starts. What 'isthat`date? - proposed to start? Mayor Suarez: There may an overlap, so the fact that the new one starts at a;particular, time doesn't guarantee that the other one hasn't expired. First of O'cember? 'Is that a..:? Mr: Odin: , We have to read the ordinance twice and then it takes thirty days Mayor Suarez::`: OK, but we had all wanted to ,know when the' exi sting ,francii se wound "`expire. so that we knew when their rights under the existing one -;would themseI ves expi re.= And we can't' get' that , answer. Do you know, sir, by any . , chance?;..__ ..„ j Mr. The,origina] appropriation was: adopted on September 6, 1961., .Garcia: it'°runs'�to start i;n September.6, it would have expired: by now.. �z Mayor Suarez: -it would have expired by now.' Vi ce"Mayor P1umner: So it's already expired? : !, :Mayor, Suarez:So we are in a kind of an ongoing verbal extension of, the ' t existing, or. mutual contractual :extension? - unwritten. All right. Do�you r; still want'to'defOr- action? Vice Mayor Plummers` Yes. Mayor`Suarez: All right, so moved* r h 123 October '. 1991 k .. ^"� 1 a T t;t i j Co issioner Alonso: Seconds $liar.uaraz: second. Any furthar discussion? If not, please call the roll, -Vice The following motion was introduced by Mayor Plummer, who moved 1s - adoption. MOTION NO. 91-716 AMOTION TO DEFER CONSIDERATION OF AGENDA ITEM 10 (PROPOSED FIRST READING ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, INC., ITS SUCCESSORS AND ASSIGNS, A GAS _ FRANCHISE; ETC.); PENDING FURTHER REVIEW OF SAID ISSUE BY THE CITY ATTORNEY, TO THE MEETING PRESENTLY } SCHEDULED FOR OCTOBER 249 1991. 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 _ a Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. } Mayor Xavier L. Suarez NOES: None. f ABSENT: None. 17. FIRST READING ORDINANCE: AMEND 10794 (ANNUAL APPROPRIATIONS ORDINANCE ;FOR FY ENDING SEPTEMBER 30, 1991) FOR PURPOSE OF IMPLEMENTING: BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED`BY THE CITY'S EXTERNAL AUDITORS. x -- - - ----- ----------------- --- --- --- ----------- ------ - --- --- Mayor Suarez: -Item 11. First reading annual appropriations for the purpose of implementing budgetary adjustments to comply with generally. 'accepted accounting;prfnciples'. Is this what we ca11 a cleanup accounting ordinance? Vice Mayor` P1 umner: = ,Move A t. F Mayor Suarez:. `:Moved,... CommissionerDe`'Yurre: Second. 4 Mayor Suarez: Seconded. ✓Any discussion? � k Commissioner Dawkins: Under discussion. _. Mayor Suarez: Comm ssi oner .Dawkins, 124 October 3, 1991 1,..,,,5n j i H 1 S� R F� � �5 toftlitioha Dawkins: On rthe first page, `Mr. Manager; you've got higher° tlectricity�dost to�operate the north and south police substation." lfttftft Y that meant; i Mr. Odin. ' Weld, we: had projected... we didn t have a full year of experience � on any of the substations, Commissioner, and after a full year, we found out that - the higher:tost that we have there in operating that..o both:'Of, the = substations, ire eldctt�iofity�wise. Y. Vice ;'Mayor hlunmer What that means Commissioner, is that in the north substation, the second floor is not being used and they leave the air - conditioner on. Mr.-Odio: Well, -that's -not what:1 said but that... Vice Mayor Plummer: No, thatis true. The last time I was there, the second ` _ floor% of a full service -substation is not being used. And yet, I found -that � the air conditioner was on and the only thin up there is the two captains g ins g, offices and the whole thing, the whole square footage isn't used. Mr. Odio:- If you want, I can put on the record uickl what the changes are andrwhy. We had.: -..in the City Clerk's office, we had an election,..a special Y election in September -that we were not projected. s Commissioner Dawkins: What does that have to do with electricity? Mr.,Odio:: No, OK. I'm sorry. I thought that I heard... I'm sorry. Commissioner Dawkins: Now, what do we get out of state revenue sharing? How much money? Mr. Odio: Total, I believe, last time, it was fort... exact number is around forty, no?.. k Mr. Manohar''Surana;,.-.Less than that. 3h Mr. Odio:, - or Less than... Giverme the exact amount. i f Mr. Surana: About ten million. Mr. Odio: Ten million. 4 Commissioner Dawkins: About ten million? ti Mr, :_Odio:, Yes. r z Commissioner Dawkins: So, now you say we're going to" "get nine and -a -half w according::to what, -you haverhere. Mr. Surana:' State revenue sharing is going down for City of Miami every year.. But Dade County is going up every year.: s a' 125 October, 39 19�i t M r C rr►isMOhOt O&Wki s1 OK�Mrs Manager, I'm going to rdad this and I Wish'yop woui e�tain it t0 rnei And Mrs Manager, nr,t Ii Plummer• "Whereas the Dmni r itn tax increment district trust fund has unspent monies in the amount of V99N& and sa'id'monies will be transferred to the general Fund," " Mrs 006: ` Yes', sir. Conrni ssione r Dawkins: . i s What happens if the Omni.. i we have to give the money to the Omni district? Mr. Odio We don't have to because they have chosen ,to `play games in approving the'tax increment district. They haven't placed, their. monies, we don't have an agreement with the County, I guess they will be coming to you f very quickly when they need to build the Performing Arts Center. In the - - meantime, we do not have a tax increment district and we cannot afford to have µ monies sitting therewith an agreement that doesn't exist, Commissioner Dawkins: OK. Now, I am going to be sure that we are on the right wavelength. Mr. Odio: Yes. Commissioner Dawkins: This Commission directed you to go and attempt to work out whatever the difference was. Is that a correct statement? Mr. Odio: Yes, sir. Commissioner Dawkins: You went over and they refused to sit down .and negotiate with you and come up with an agreement`. Is that a correct statement? Mr. Odio Yes, Commissioner Dawkins: So, therefore, we do not have an agreement... ` Mr.',Odio: We do not. Commissioner Dawkins: ...,and if anything happens, We -would have to comeback, to`the Commission`'for an agreement: x Mr.`Odio: Yes, sir, { Commissioner Dawkins: OK. ; Mr: 'Odio:'• We had signed the' original 'agreement.,` I guess, when they `decide that they want the 'agreement, I will- bring it back to 'youat" that' time. Because as far as I am concerned... g Commissioner Dawkins: With the recommendation now, just don't bring itto me,, OK? Mr. Odio: No, I will bring it back with a recommendation. - _: x F 126 October 3, 981 IV comiisSidner OewkiAsi All ; right. Now, this morning J*L. Plummer r Vice Mayor Plummer:. Sir. Commissioner Dawkins: ... JbL. Plummer questioned Computers and ,you bought ,. &well Ift. Here we got four Million seven hundred and twenty-three thousand four"hundred and thirty-three dollars ($4,723,433),worth of computerss.'.Where are; tht,y� �M1 Mr. Odio: Ohs no, that's the total department budget. That's all of the = department budget. What happened in Computers Commissioner, is they had the _ original budget approved... as of September.of that year, it was four million four ninety-four four thirty-nine. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odio.. No, sir.. What happened is, we could not -lay off... I know6:6 we r. f e a would not lay off people that we had programed to lay off to balance 1ast year's budget. Therefore they had to keep personnel there that were programed to be laid off, and that's why you have to make up the budget now to four million seven twenty-three four thirty-three. It is not Computers, but = e payroll that we are talking about there. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) ® Mr. Odio: No, no. It's got nothing to do with that. ` Commissioner Dawkins: So, we have enough people in the Computer Department to spend five million.dollars in salary and fringe benefits a year? Mr. Odio: We11, considering that the budget of the..." A: think the :budget.t:in 85.when I became Manager was close to six or seven million dollars.. We"have almost cut that in half. Mayor Suarez: No, no, no, because that coincided with my tenure and it was. }s " somewhat ;over :five but_ it was not six. Wel'I,, a little bit higher," not much, higher.. If what Commissioner Dawkins is saying is that that department should'` look, to having .reductions in its budget -in. succeeding years, I, totally agree. } You know, the software for a City of thirty-six hundred employees that is"not growing, _:;for a,Ci.ty'of a -;tax base that is growing at two point eight 'percent a year, the last couple of years, for a City that has '.a very tight budgetary' si.tuation,-should not be:changing.,substantially. The hard, help us if we change it because the last time you proposed a change in 0e communications hardware,,we.ended.up with -phones -that, as I've told you many, many times don't work as well as the -old system, as far as I am concerned.`` r Mr. Odio: Just a correct...; Mayor Suarez: You say the maintenance was less, but I.am not sure that I see that reflected in the budget. Mr. Odio; A correction. In 185... x i. 127 October 3, 1991 ,z ; ' , r Mayor Suarez: And you do have a lot of analysts, Mr. Manager, and a lot of computer people in the City that doesn't have that many employees. -We went people to go out and fix the parks and protect the citizens from crime and from fires, and clean up the streets in PublicWorks and 1 see the planner over there, i guess, we need to do a little bit of planning, not a hell of` a lot and Counity Development and all the other stuff. Not people to 'be sitting around being computer analysts. You know, I.. first it was the equipment, and Commissioner Dawkins was opposing a lot of the equipment purchase, I.agree very generically, and then you would send the experts to me, and you know, who are we to argue? Now, it's the operational budget.' I would strongly suggest that next year you come in with a lot less budget and those people, if they are not needed, and yet, we have Civil Service constraints or something, put them to work in some other department. l Vice Mayor Plummer: Let me tell you something else. If you were to go today like 1 asked when we bought the last computers and purged the data that we are keeping, that it is of absolutely no value, you would use half of the computer that we are using today. I mean, we... you know, very few people realize we have two sets of computers. We have one for general operation and then we have a main frame for just the Police Department under security. Mayor Suarez: For communications. Vice Mayor Plummer: OK? And why the security of the Police Department has to keep payrolls, confidential information, I'll never know. But the amount of space taken up in computers just for payroll in Police Department, you can imagine. And why. that stuff has to be kept on all of those computers, to me, we could purge it tomorrow and fifty percent, I just feel comfortable that fifty percent of the information that we have is not necessary. Why do we have to have for the entire four thousand City employees, that we can punch a button and.we can tell you how many of them are under twenty-two years of age. - how many of them are over forty-four years of age, whether they are .white, whether they are black, whether they are Seminole Indians, you know... Commissioner Dawkins: You don't have any of those. T i }Vice Mayor Plummer: ... the information is incredible. Commissioner Dawkins: You don't have any of those. Vice Mayor Plummer: What, Seminole Indians? Commissioner Dawkins: Vice -'Mayor Plummer: Yes. Not a one. You told me you were. Commissioner Dawkins: No, I'm Mohawk. Commissioner Alonso So bottom line is that six million expected. Mayor Suarez: Bottom line is, what's the amount? Commissioner Alonso: Six million more than we expected. The total year? 128 October 3, 1991 } ft" PY i Mri Odio:;. Yes. You had in the police Department alone, it's almost three And -A-half million dollars in overtime on two incidents we had. And the rent of; the Law Department alone was three hundred thousand because they had tb , stay where they were mainly the changes were the no layoffso, andthe r8nt,.. and the overtime of the Police Department, and then you ordered me to hire: seventeen firefighters and we hired Seventeen firefighters. Commissioner Alonso: I'm always amazed to see how we can find six million } here and there and we thought it was going to be six million less, but it was six million higher, and then we have the money. I am always amazed to these =. numbers. - Mr. Odio: If 'you look at the transactions we have made here, that have not been easy to make, and that there is no more room for the type of ups and _ downs that we had here. .h Mayor Suarez: Are there any corrections, talking about ups and downs, any corrections that are down? Or are they all up? Mr. Odio: They are all finished here. That takes care of 191. Mayor Suarez: Are there any corrections that reflect less money spent in a particular department than was expected and that was budgeted? Just give me e one example. What's the biggest one? Mr.`Odiot Finances spent less. Mr. Surana: Finance, hundred thousand less, Public... ~and Mayor Suarez: That's real smart. You see, you guys prepared all of this ?' then you tell us that you spend less for your own budget. That's smart. Mr. Surana:And Public Works. Mr. Odio: By the way... and one item that we did not count on is the... u Mayor Suarez: How about budget? How about your department? Now that we: took r .care,, oUsmiling Carlos -.Garcia over there. °. Mr. Surana: Sixteen thousand dollars.,:' Mayor -Suarez:, Less? Mr. Surana: Yes. Mr.,Odio: The County raised... Mayor Suarez: That's smart too. Commissioner Alonso: Voodoo economics. Mayor Suarez: A few pennies less, you know, that would do it. 129 October 3, 1991 Urioai o:. 'ih bounty raised six doliars A ton on tipping fees' 00t this k�udgetwas,.', and we ditln t count on that one either, r M yor,. uarez: t was: ust:asking if anybody managed to save money, And 'you�ye q � �y toltl 0 t4b departments which happen to be very much related to:,"your p�fiticrular .i�un�tl ns. Any:other� departments saved money? Commissioner Alonso Which department saved money? MayorSuarez: finance and Budget they say. Mr. Suranat Public Works, Mr. Coio: Public Works saved.a.lot of money. :. Mayor Suarez: Public Works? r Mr. Surana: Yes, sir. a Mayor Suarez: Yes, Public Works didn'.t save money. Now, he is ba"ck there smiling already, you see him? Commissioner Alonso: Come on, give us the entire list that you gave�,`me yesterday. Mayor Suarez: What they did is they generated a lot of revenues,, that's s` different.-. Mr. Surana: Board of Commissioners, forty-one thousand; City Manager, five thousand; City :Clerk, about fifty-eight thousand; Civil. Service about three thousand., Mayor. They are all peanuts. The big ones`ari�'biggdr' right? Mr. Surana Yes. =t, Mayor. Suarez: A11 right. °1h Commiss.ioner'.Alonso: Whatam.surprised Is Computers. This,difference., and ,I the City. manager said. it!s salaries. We should``know at budget time' who is going: to ,be City 'of Miami", ;and how much ,we' are going to° be > ' + _working.:for..1:6 paying to, here individuals: If we cannot get our act.togetherl'ds.to who,:is working for us, and.how much are we, paying, then"something. is veryg wrong with ; :out; budget.- and .the system.. = Mayor.::,Suarez::,What,about;that Mr. Manager, .that arguments Commi ss oner,.... Al onto: And I'.ve been saying that for two years, and r real ly. I . laugh when' i see ;things like_; that, ,.because if -`We cannot. get sometit ng as simple,As.that ,'.who is working and how"much we are paying, how in4.the worltl >the, rest of the budget i s. going to make sense, , or you expect ,me to : be1 i eke that ;this budget is,a serious -document. 130 °4ctbb`er 1�91. qr Mayor Suare2: Mrs Manager, what about that argument? Why in Computers will we not be able to know in advance in what we did... when we approved the budget? - the personnel salary is pretty much to the dollar.. Mr. Odio: If you remember... commissioner Alonsot May I make a comment, Mr. Mayor, if you allow MO? Mayor 5uare Yes, please, as the question be presented. Commissioner Alonso: I think that we are talking about very serious matters, , it's the money of the taxpayer. We are talking about a series of things related to the budget. It seems to me that this Commission deserves a little bit of courtesy from the administration to listen to what we are trying to say. After all, we are the ones that will have to face the public and respond — to the questions posed to us. And, in fact, we all know that we don't really make the difference. We are given numbers that sometime we question to the JY_ degree that right.now I am asking, can we put our act together knowing who is working for us and how much we paid? - so we don't arrive after the fact,'and we have to make adjustments. This is a very serious matter and we better address this in a very serious fashion, asking the courtesy from the City ' Manager, as well as from everyone else in the administration, to really pay close attention to this. Because, how are we to respond to the taxpayers when we cannot get an answer that really satisfies use And as you see, not many a people can come and attend the hearings, because of the hour and so on, but this is getting to be almost funny. If the general public were to really see some of these items, they will vote all of us out of office. Because they will say, we are not really defending the taxpayers money. And that concerns me, and I am sure it concerns every one of you. Mayor Suarez: Let me add by way of a warning on the Computer Department. It is -the ideal department to privatize. I would hate to see what would happen if we took all of the functions that are now being done by our employees in that';department and said we are going to put it.out for contract,and,seerhow low;the:.private sectorcancome in to do those functions. Vice Mayor Plummer: You only got one problem, Mr. Mayor. You,.; signed;a contract with_GEA that you wouldn't go to privatization. c y �. J Mayor Suarez: Well, whenever that contract expires, we would do it. It is the classic department to privatize. And I think that we have been sold a bi l 1, of >goods with over -sophisticated computers for a City of our size. I think -,we are designing way too much software when we couldcontinueusing the' existing - and hardware - and I've repeated "it many times, you, sort; of convinced > me with the phone system, and I. think I!ve proven to. you thatt. at least as far, as the operational aspect of it, it's the worst thing we could have done. You changed the phone number too on top of everything else, which is. preposterous.. Just a word of caution, in addition to what Commissioner At onso :;i s ayi ng, we look ;very, very; carefully, we have to at • these .items; k One ':other thing, as long as you are ..emphasizing, Commissioner. Alonso,: the seriousness of this, you know, the day that all of 'us` here know the budget, 3 better than you all, is the day we don't need you. Mano, the day that we asked, as Commissioner, I think, Dawkins asked, what is the: amount that:weget from the State by way of revenue sharing or half -a -cent sales tax? And we j. 131 October 30 19 1 a:^ kNr r know the answers better than you do, why do we need to have you? -if we know the answers? So,, please, everyone who is working on the budget, have ready { answers for us, we don't have all the time in the world to get into these items, we are trying to make a point based on one comparison, nobody ever has a simple answer for us. The prior item, we are trying to decide on a franthise, nobody knows when the prior franchise expires. It's extremely important to know that because that gives you more or less, leverage with the company you are negotiating with. Mr. Manager, what is the simple answer, if there is one, to why we couldn't have budgeted more properly the personnel expenses of the Computer department? - that very simple question. Mr. Odio: It's action taken by this City Commission that created that problem. Now, today you tried to - and I'm sorry - you tried to issue a grant Of fifty... a hundred thousand that is not budgeted. Mayor Suarez: Loan, loan, you said loan, OK? Mr. Odio: Wait, wait, no, let me use that as an example, I'm not picking on the fountain, just any example. You gave out a grant today of a hundred thousand dollars to a non -budgeted item, and we have to have this transaction like you have here. After the budget... Mayor Suarez: OK. But that's not what happened with the Computer Department. a Mr. Odio: Yes, it did. Mayor Suarez:: With the Computer Department, we estimated a certain personnel cost and... r Mr. Odio: Sir, you asked me a question, please, let me finish. Mayor Suarez: ... isn't that the factual premise of the question correct? We: Odio: No,, sir, it is not. It was Commission 'action that created:that problem. After the budget that was presented to you last year for -approval. - with el'iminations.of positions to reduce -the Computer Department's payroll you, the Commission, decided that there would be no reduction of personnel, and therefore, you see this action right here. If I can take one.at a time... Mayor. Suarez: But we approved one that was... ,= Commissioner'Alonso: At the budget time. It was not to coincide with the budget. Mayor Suarez: We finally approved one that had that budget which is the one you are changing. Mr. Odio: You approved a budget of four million four ninety-four four thirty- nine which included reductions of .positions. When this Commission took action and said, do not reduce the positions, we have to make it up. When you add. - Mayor Suarez: Did you tell us at the .time when we approved four million four plus... - 132 October 3, 1991 B Mra odio: Yes we did, sir. ,Yes, I did at the time, r; Mayof.� Suare2 ► a 6 that you e were goi ng to have to reduce some peopl f n Computer Department? 4x Mr. Odio: I'll be glad to get you the records of that time, - H Mayor Suarez: Welt, I'll like to see that. Me. Odio: I also told you that if you added seventeen positions in the Fire Department, we would have: to find the money, which we did. Mayor Suarez: -No, no, no, don't get into the Fire Department now. Mr. Odio: Well, you know. Mayor Suarez: We are talking computers. £: Mr. Mo.,, I'm telling you,. sir, that any action that you take here, outside of the budget, you will see documents like this come up to you every time. } What; Vm ,going to do this year, and I l earned, i s that you wi 11 see this quarterly, instead of once a year. We had a riot this week... _ Vice Mayor Plummer: No, no, no. We had a disturbance. = Mayor Suarez: I think we asked for that by resolution at the last Commission ay. meeting. = Mr. Odio: Well, I call it a riot. Call it what it was. And that riot is j going to cost you money that was not budgeted. And you will have to see 'a. transaction:1ike this. -This is,,.. =, ; - Commissioner;Dawkins: Why=. js it when it's in any other neighborhood,;'it's a demonstration? And when it's in the black neighborhood, it's a riot?- Wh ? f What makes<it:._. somebody explain.to.-me what makes the. difference?,,,,., Mr...Odio: Well, I call it riot wherever they `happen. x` Mayor Suarez:>..OK,. well then, so, for you., wherever .there ,is, it:,,I a: riot Mr. VOdio: Yes, sir.' — Commissioner Dawkins: Well then, we need to get some clarifications with other people. o Mayor'Suarez: All right, back to the budget. Commissioner Alonso: I think.it's wrong.,. f�x Mayor.. Suarez:,.-, Yes,.Commssioner.' r w f f ;w. Commi ss i over Al onso: Yes, I be11 eve .11:1 s very wrong not.-,. have contingency available money for emergency reasons. I suppose you have it. 133 October 391 T , t ° < 'Nil ne 10 t v. ., 1 v („1 ti ;�-v ire Mot We have very 1 ir�i ted mounts of cash and r� onies in thiS'hUdgeto. �'he; budgets ' " for ` that you have had j thb last seven" years are lean budgets. We do nod have reserves AS it used to have, Mayor 5uare All, the answer to the question is really... Mir. t�dio, 'ihe question is, we don!t have it. 5uarex; ... we have a minimum six million dollar reserve find. Vita Mayor Plummer: Where is the six million dollars that we give? Commissioner Alonsos It's no longer six million, Mr. Mayor. Mr. Odin: You have a fund balance. Vice 'Mayor Plummer: What? Mr. ddio: You'have a fund balance. We haven't touch... Mayor Suarez: What are we down to? Commissioner Alonso: It's four point six. Mayor Suarez: -Four point six. Commissioner Al'onso: ...and it cannot go up one penny. Mr; odio: Fine: Commissioner Alonso:` According to the explanation they are giving to me... Mayor°Suarez: I Was no aware of that. r; Commissioner Alonso:' .,. we'donit haii ve'one penny.'' And I told them... Mayor Suarez: I; stand corrected. Commis ioner,Alonso:` ... as late as yesterday, i said, how - in the would.it's going down, and'it cannot increase:'` Mayor Suarez: That's very tight. Commissioner Alonso: What it means is, .this City is in 'a horrlble. shape. .. Mayor Suarez: Very- very tight:' _ P Comrnissioner`Alonso: cannot,increase the balance. x ,fund Mr. Odo: And if we don't increase Commissioner Alonso:. And it went down from six down to four paint six. 134 October 3, 1991. 4 . �n '00 3 F 1to Mayor Plum or: How's • It .. l " ft sooner Alonso: Now? - by attian of this' CoMmissionr No, With''a 6inut+e. ThW tommission �approvjd to e1 n e iast ,no `ri�lr ± ' Corria'sioner Alonso: ..reecause .the City Manager toil us it em was an eren'ry Eitber' ,we approwe�, or the City dins and you know how."items lswought to us, 'take it or leave it And we approved, so it's down' to four.$ pint`six. And tell you the truth, I don't even know where it is'. Mr. Odio: I know where it is. Commissioner Alonso: Because I don't see it in the budget.' I tried to find the account and I can t. So, I am not even sure that we have it. And with ' the' System of voodoo economics that we have... a Commissioner Dawkins: Right. Amen. t Commissioner Alonso: I'm not sure we have it. i Mr. Odio:' .Thank God for it. Commissioner Alonso: Yes, because we play with numbers, otherwise, we wi11 be wiped up as a City. 3 Mr. Odio: We have a:.. .. Mayor Suarez: Is it `projected to end up at six at the end Vthe fiscal year? i Commissioner Dawkins: We call it, 'lthro-ocard-molly'. Mr. Odio: We have a four point six million fund balance. That is a reserve. If, you- had',not,had this, additional expenditures this year, you could have increased it to almost ten million dollars. But we had this... Mayor:Suarez: Would you please not give me any conditional answers,. any hypothetical I want a answers. simple question answer. t Odio: No, it'is not going to go up. - Commissioner AI'onso: Mr. Mayor, listen to this, listen very carefully... Am r{ t, Mr. Odio: I do not feel... x, Commissioner Alonso: ... and all my colleagues as well. We are blamed b y... . ,. Mr. Odio: No, I didn't blame anyone. £¢ Ir Commissioner Alonso: Yes, you said in„a very clear fashion, by actions of thisCommission` r Mr: Odi6: Well; that'.s true. 135 October 3, 191 I f; r �$E'%it'd4 S 1r 7 1 Y tS f 5 [= .: {' Coirmissioner Alonsos So we better be aware when we vote yes in some Of these itetna. Because after all* we are at fault, we are using the taxpayers mb s � ;,y�xY slid so often we say, yes, because we are .given the information in suciti 3 i}ashion that we feel we have to trust them and go along with it►'gut ae,dot"t really believe we are doing the right thing. So, maybe, we Should be vary ' tareful. Because I don't have any recollection that t was ever told that this amount of money was going to go to Computers for salaries. Y have no recollection. And I am going to ask that I be given specific copies of the minutes of every item that this Commission approve that coincide with these l amounts: Mayor Suarez: It really, Mr. Manager, it really would make sense from the G budgetary standpoint on a fiscal year basis, that if we approve a particular salary level for a department, it should not require Commission action later in the year to agree to lay off anyone to meet that particular department's budget. �j Mr. Odio: What happened, last year was an extraordinary year, Mr. Mayor. Mayor Suarez. Well, just make sure that this year is not an extraordinary year in that sense. Mr. Odio: No, it is not. a Mayor Suarez: Because it is not acceptable accounting practice. If you now have budgeted, whatever amount it is for the Computer Department for salaries, _ you can't tell me at the end of the fiscal year, well, in the middle of the year, I. told you we had to lay off some people, because that was our assumption, and all of a sudden the Commission voted against it. The Commission voted. for a particular budget and it should not be any higher than that unless you have costs that are somehow outside of our... Mr. Odio: Control. Mayor Suarez: ... control. Mr. Odio: And that's what happened here. x s Mayor Suarez: And I don't think in the case of the Computers we had any 3 riots, or;any emergencies of computers, or anything like that, that required Y more expenditures' of computers. Mr.. Odio: What happened there, we made an assumption on twenty employees and r we ended�up with twenty-three. Simple as that. Mayor Suarez: i'.ve never in my entire life heard of budgeting that way. Mr. ,Odio: That's how you do budget. You do budget... Mayor Suarez: No, sir. You assume a certain attrition... Mr. Odio:_ No, we assumed layoffs and they did not happen. 136 October 3, 1991 u MAR �1'P`t`f iRTYiJ .i'.t '.'3 YY - YSI� 4 S f . K3 irVL-SNP'. t{dv'i Mayor Suarez: Wait a minute, That you didn't have any attrition,` we know x.; that, babause you got incredible salary increases from the budgeted ►mount6 out if yovhad 1aido we assumed three people would leave on a sort of standard amount of attrition on a percentage basis, and they just didn't leave, that's Why we:have the increase,.I would have been stumped at that paint, but you didn!t say that. You said that it was Commission action, refusing to approve xf layoffs. Well 6.. r Commissioner Alonso: May I ask another question? Mayor Suarez, Yes. - Commissioner Al onso: So, the budget I didn't vote for it, but it was approved, that was approved this year, maybe, will increase also in six, seven or ten millions, after the fact? Mr. Odio: I hope. We don't have the money to balance this 192 budget with. six or seven million dollars. That's why I keep saying, we have to stay, within the budget at all times. What happened this week is an extraordinary rent out of our control, and will already begin to affect our budget, yes. Y Commissioner Dawkins: Mr. Manager, I could buy your explanation if I had not f sat here over and: over and explained to my fellow Commissioners that, the. reorganization that we went through, and what else was it we were doing? - I reorganizing and consolidation. And you told me we were doing that to save money, and yet, you reorganized the Computer Department, you consolidated the Computer Department, but we didn't save any money, Mr. Manager. Mr. Odio: Well, I said it... I think, I said it at the beginning, that the budget in '85 for, -the Computer... in 1985, with 1985 dollars, was five point three million dollars and they had sixty-threeemployees. In 1992, your budget: ; is four mi 11 i on seven, or whatever it is, and it has got fifty-one !�. employees..I said it,worked. Commissioner Dawkins: But you're still four million... OK, no problem. Go_ ahead. Mayor .Suarez:, But you're three hundred thousand dollars higherthanthe budgeted amount for salaries in what you're saying. Commissioner Dawkins: Even though it worked, and you reduced people, we still r spent more money., I mean... i Mayor Suarez: Over the last fiscal year, it didn't work. Commissioner Dawkins: It don't make 'sense. No, no, no. a .: Mr: Odio: Saying in 1992 dollars is not the same dollars that we had in Commissioner Alonso: May I ask another question?. Has it been an exception to the rule, or has it been the system.in Miami to have a higher budget:at`the end of he year than expected? r d 4 138 October 39 1991 r „yv �1diOt A budget is a projection. Commissioner. Alonso: Yes, but if YOU Count that you are going; t+o have W6 fi. huodred_and sixty-nine million, you should not have three hundred., -; — MN Odio: there have been years that the budget have come out the same, but there 1s always adjustment at the end of the year. onrnissioner Alonso: May I have five years back some report on how it has happened Mr. Odio: ,Yes, I can do that. _ t Commissioner Alonso: Budget as approved and then what has really been the final results. Mr. Odio: Sure. We will be glad to do that. Mayor`Suarez: One thing I can assure you, Commissioner, I've been here just a little longer, i s, that there has never been a year where at the fiscal year, j they said, oh, guess what, we have an extra ten million dollars or anything like.that.:That never happens. Commissioner Alonso: And you know why we have a fund balance? -because we grabbed that money. Mr. Odiot It used to have... Commissioner Alonso: Otherwise, it would not even be there. That's why' Mayor`, Suarez: Some years, we; basically exhausted the fund balance. Mr. "Odio: Let -me. -tell you what you used to do. here. You used to fund a , number of positions for your budget, raise the millage, and then at the end. of. the year,. you had a. huge fund balance. Because; you didn't fill every position. Mayor: Suarers What is the projected fund balance at the end of the fiscal At, year. ,that we are begi nni ng? x Mr.,Odio:.--Four point six. z z x, Mayor Suarez: So, you're starting at four point six and you're ending'at four . point; six? Mr.-.Odio: . Yes, ,sir.. _< ,..: Commissioner,.Alonso And they will never 'give us any` more money. They `got Viz; mart. We were able to do this two years ago because' we came ;and said, how much _money, we got,: and we grabbed the money. We will never be able to do it. again. They are saying, no'money, we have no money. They don't, want.usto Y, put ,that - in the fund balance in,a separate' account. Because we have control ver 'the money. And that's why we dn't have any more money. You see, 'the= ` history is no money. How come there were six million available in 189? and. . r. 139 October 39 1991 w�N how i 11' 16i ng tlwn i 91 ther the situation 13 very, very dangerous for Mi armi # of Soothing ng 18 happening that is very strange & 4� 3 At Odio: Well wei.iYti g a Oftissioner Al Onto I think either one is not:a pleasant picture. Soy really Have to 'took very seriously., 'Mayor" Suarez: Folks, ' we ve got fifty some items left, or forty some items —'. l eft - Commissioner 'Alonso: But I really think that is the key of the matter & We are saying yes to , money that : budget is the key factor We are tat ki ng really of themost. mportant item -that we can possibly discuss. Mayor Suarez: Yes. On item I1,;do we have a motion or a second on iteth Madam City Clerk? Mr. Manuel Gonzalez-Goenaga: May I be recognized? Mayor Suarez: Yes. Wait a second, sir. Ms. Matty Hirai: Yes, Mr. Mayor, we do. a Mayor Suarez: We have a motion.and a second? Ms. Hirai: Yes,.sir. Mayor Suarez: OK. Before we read the ordinance, I can't imagine, Mr. Gonzalez-�Goenaga, other than the general philosophy and the general arguments of principle, which have been made eloquently up here,, what you could conceivably add.,on this item, but,; you get a minute if you.., all rights r Mr. Gonzalez-Goenaga: No, no, less than a minute, I will take..... Mayor Suarez: Great. Mr. Gonzalez Goenaga: -This wi 11 show the . ci ti zens ' Miatttl. i f .they,:have, the time to-watch;TV that the,peopla who really extend this meeting fi's'not`me, but n they. Thank you very much. t Mayor Suarez: Thank you. On item`120 we have a motion and a second., Please read' he:ordinance. r ., ' Vice: Mayor, ,., .Plummer: Item 12 or 11?; .� ;Commissioner-Al;onso:�Eleven, :I - think.: t -Mayor Suarez: Eleven, I'm sorry. f �ry Vice ,Mayor..: Plummer:. , I made -the motion, sir. t Mayor Suarez: Yes., Please read the ordinance is what:I said. Call the roll. ., (( 1 140 October', R f i Y it yy `1U'a,�{4 } fh. li` t 1 n }r- Tqy •} �k Y i ' i '4F k3.'' - �g L $ 5 ' �'-�)C+wW4s WISE •>'+.'riA"F^IC'Ef'• � T}.£ f %gi y � AN ORDINANCE ENTITLED- : ORDINANCE AMENDING SECTIONS 1, 2, AND B OF ORDINANCE N0*-10794, THE ANNUAL APPROPRIATIONS :x ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1991.0 ADOPTED SEPTEMBER 97, 19909 AS AMENDED, FOR THE PURPOSEOF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: Was introduced by Vice Mayor Plummer 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 Y Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier a a L. Suarez i r NOES: None. ABSENT: None. The City' Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I guess, we have no choice, yes. ---------------------------------- -- ------------- --------- - - ---- -� it 18. (Continued Discussion) AUTHORIZE CITY'ATTORNEY TO ENGAGE:'(a)� HOLLgND - AND KNIGHT, AND (b) KUBICKI'DRAPER, GALLAGHER AND McGRANE`- TO"PROVIDE f BOND COUNSEL SERVICES FOR REFINANCING OFF-STREET PARKING' DEPARTMENTS1S 4 1' 4 SUBORDINATED DEBT ($6065,000) (See label 7). � s — — — — — — — -- -- —---------- Comm ssioner Dawkins: Mr. Mayor, may i take a special privilege and.:. Mayor- Suarez: Yes, Commissioner Dawkins. A morning item 10(a) was it? " Commissioner Dawkins: Yes, 10(a). May I hear from Mr Cook. i {*L Mayor Suarez: Consent agenda item: Commissioner Dawkins: Consent Agenda item 10, I' pulled it this morning. = k Mayor Suarez: Mr. Cook, you're recommending two law firms and... "tt3 f t }ram 141 October 3, 1991 y4 � =i f k Wo ev ,fii*a?d S'rxhvP 'T� 14r Mork Cooks Yes, .sirs► Clark Cook_ 6x8tutive director of Cff=$treat c parkifng.. wanted to make sure that this one item was Pulled this morning and ti3 III! like to ask it to be brought up, if possible. It needs to be passed today . in orderfor us to more forward with the refinancing of those costs. One pf those firms is A minority firms it was a..6 Commissioner bawkinss Wait now, one of their got minority participation. ' r i Mr. Cook! That's correct; sir. ' Commissioner bawkins: There is no minority firm. Mayor Suarez: Yes, don't overstate your case because you lose us. Mr.`iook Noo no, I will not. Very good. ;. Commissioner Dawkins: OK. All right. r Mayor Suarez: All right, on consent agenda item 10. Commissioner Dawkins:. I'll move the item because I got something to say under discussion. Vice Mayor Plummer:; Second.- { Mayor Suarez: Moved and second. { Commissioner -Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: Mr.:, Clark. Mr. Cook: Yes, sir. Commissioner Dawkins: I'm going to tell you and i want you to go back and 'does 'f:nd `t tel'1`: everybody over there.. 'If Off -Street Parking .;"not .some :Latin f 1 firms who can do bond work, and some black independent law firms who can do.' bond,, work, I -.am going to work up here awfully.hard, to get. - down Now,, I!.ve.. been going; through this. , I n :fact,: , thi s Commi ss j:on i s the { reason that most of these companies have black participants, because we refuse to -give ::bond-.wo.rk to< them: unless. they;: took some, black lawyers and Latin lawyers and teach them the bond work.So now, you guys go back, and°`either if you.-don!t. have any, you better teach them and let them get 4�. because if, you come down here again and there are no Latin firms, or no black firms as principals - I don't mean as partners in firms -that I'm going to. try.'to-.get three:: votes; to _turni it down.- No further discussion,, -:Mr: Mayor, Mayor Suarez: A11_right. We.,, have a motion and a second. Any discussion? if not, please call. the roll. _ r :-x 142 October 3, I } Z. .%CTk57 nir #' ''��` the ;f011owinoresolution was introduced by CoMissibner Dawkins; who MoVed its adoption: RESOLUTION NO. 91-717 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE _ THE LAW FIRMS OF HOLLAND & KNIGHT AND.KUBICKI, DRAPER, t€ GALLAGHER AND MCGRANE TO PROVIDE BOND COUNSEL SERVICES ` FOR THE REFINANCING OF THE OFF-STREET PARKING DEPARTMENT'S SUBORDINATED DEBT OF WOB5,OOO, WITH FUNDS FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED $17,OOO, PLUS EXPENSES, BEING ALLOCATED FROM THE PROCEEDS OF SUCH REFINANCING. - (Here follows body of resolution, omitted here and on s file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor be Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso. ABSENT: None. ----------------------------- ------ --------- ----_-------- FROM 19. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT 'PROTEST FIRST CAPITAL GROUP, INC., REALTY, CONCERNING CITY'S REQUEST FOR PROPOSALS (RFP) FOR MANAGEMENT, OPERATION AND MAINTENANCE OF--PAUL WALKER PARK FOOD AND BEVERAGE CONCESSION, AT 45 W FLAGLER STREET. 'J ;. —— —— — .:— Mayor Suarez: Item 12, Chief Procurement Officer's decision to reject=the _ protest from First Capital Group, Inc., Realty. Do we need to hear from... 4t Vice Mayor Plummer: Is there anybody here to object? , Mayor Suarez: ... the protesting entity? Let the record reflect no one stepped forward.; Vice_Mayor Plummer: No one here, is there no one here? - I'll move it. _wx .'' Mayor Suarez: Moved. Resolution. Y v Plummer: No one second it? -Vice.Mayor Commissioner Alonso: Yes, I second. t r } t 143 October 3,, . i991 , # *i ¢ y Mayor Suaral t C101e-,enough* Comissionfir Alonso was looking sideways � d6 tad that"to be d setofld. Call the roll { the following resolution was introduced by Vitt Mayor Plumme who moved its adoption. RESOLUTION NO. 91-718 ' a .mac w.ia•-..r4i�. •Yi �.I�Y.i.�..YL-YM..a.Yi Ya��rYI Yl�rt..Y Y.••��.i +YY f1iJ�iYr •'r s ,.. } 3 7 y o- Mayor 3uarelt Commissioner, be Yurrei 000missioner be Yurref I'd like to know who the principals of 'this ay Corporation area 1 me, Al i Armada: The, principals -of this corporationtii, I just talked to one of the principals, Mr. Lazaro Albo. The principals are Lazaro Albo... Commissioner be Yurre: In what capacity? Mr. Armada: I'm not sure of that yet. I am supposed to get a affidavit of ownership which will be part of the lease agreement that you... I mean, the W management agreement that you have before you, which will be incorporated and ' attached to that. a Commissioner De Yurre: And for the record, if we could get Mr. Lazaro Albo to a, explain to us who the principals are, the percentage of stock ownership, president, you know, officers, so and so forth. Mayor Suarez: And Al, you do a little bit more than just get an affidavit from:them; as to who they are. You get the corporate records and everything from the Secretary of State, don't you? Mr. Armada: Well no, but the corporation that we are going to enter into the management agreement with will be constituted by the people that will ,be incorporated in that affidavit, I mean, there is no question about it. What I am trying to establish is, exactly who is the owner of the company called Latin American Gourmet Restaurant. Mayor. Suarez: And you :would establish that primarily from the: Secretary. of State?' { Mr. Armada: Yes, but in addition to that, I am asking... Mayor Suarez: :And you get the affidavit. }` Mr. Armada: I am asking .for an affidavit that will be... Mayor- Suarez: Now, if the Secretary of State reflects that Lazaro Albo is a stockholder, president, treasurer, secretary, the whole bit, ,the affidavit 41 ;i} does.nIt'add-a heck of a.. lot, to that, because we' know that this guy -here is �' Lazaro Albo, that's for sure.' Mr. Armada. Yes. The affidavit, what it would... µ � Mayor.Suarez:' Been dealing with him for too many years, actually.> Y " Or., Armada: It's just a easy attachment to attach to the management agreement ? i that will, you -know' simplify things: } Mayor. Suarez: - Don't think that an affidavit means anything other than that =r't the person who `signs it says everything in there is true.42 Grp 145 October 3,'191 1 . RX ' Mr's Amadi inquired about 6 from attorneys, to try to Mare sure that r had tUt taken pare of in an affidavit. - x Ma 'cr Suarez t K. Oo you have the help of the City Attorney's office i ' those i nou i'ri es ' Mrs mada:-Yesof, course. This agreement has been already approved Mayor Suarez: OK, Mr. Albo can enlighten us. I don't why we are at this , Junction awarding a...(ELEC`RONiC TAPE MALFUNCTION). Mr. Albo: ...Terry Percy is PCI restaurant. Cornmi ssi oner' De Yurre:, Who? Mr. Albo: Terry Percy. Mayor 'Suarez: Terry Percy,; former Assistant City Attorney. Mr. Albo: Yes. .He's'.the only resident of PCI. Mayor Suarez: I don't know what he said. QUE ES LO QUE DICE? Mr. Odio:. Terry Percy. He used to be our City Attorney. Mayor Suarez: Oh, nog, I got that part, Mr. Manager. What did he say, is Mr. Percy's role? Mr. Albo: Florentino Perez. Mr'.+;Armada: Terry Percy; is also an owner of a corporation called PCI Restaurants.' Conmissioner De Yurre: He's a stockholder. Is it a corporation? Mre, Armada: No, he's going to appear as an owner of the Corporatim vTerry. r r Commissioner De Yurre:. He going to appear ,,.as ;.a stockholder on , the corporation.' y Mayor Suarez: Hundred percent stockholder? Mr. Armada: CUANTO PORCENTAGE VA A TENER EL? Mr. bo,: Yes . . LO ,QUE , LE. EPIGE LA LEY QUE LE. ,b , 'A . Mr' Armadas BUENO, NO ESTO L0'TIENEN YQUE DETERMINAR USTfDES. Y Albo: Y0 N0 SE QUE CARAY...PERO BUENO, LO QUE SEA, CNICO, CUANDO TU COJES,EL � MAMOTRETO ESE,.TIENES ;QUE DECIR EL.MINIMO QUE TIENES:::QUE.>DARLE A LAS k VERDAD? : .MINORIA$.,. b Mr, ,Armada:. He doesn'a know.. 't r 146� October .S 1 a } 9�'"us fr,'. n-'1 t-'�^'ce'%5`••eN aM1b'Myy�WLw 4YrA+Tb Y"" - '1 `{ *y..i co missioner be' Yurret Me doeshIt.knows Then i would move to defer th.i5 itOh . � .' until he does know and we get the information4, f z ,F Mr. Atbo: Wait a min ute i got it here, Y got it here. "�ori�issioner fie` Yurre: `You `got it' here _ { Mayor Suarez: Alt of a sudden he found it. _ Mr. Aibo: TU NO TiENES ESE PApELI DONOE EVAN LOS PAPELES TUYOS? Mayor Suarez: And, while you look for it, Al, step up to the mike. Because this'is funny, but it's also potentially tragic. Commissioner Alonso: Hasn't the:City checked this... Mayor Suarez: Yes, did we... wait,'wait, wait, Lazaro, wait', sir'. Commissioner Alonso: The City T think that... Mayor Suarez:- On the rest of this beside the corporate status, which we're { obviously having a', tough time getting' some clear answers, T'm inclined to go with; Commissioner De Yurre's motion just to defer any determination. Buton the, rest of�this, was there competitive bidding? How did this come about? Mr."'Armada:- Yes, we brought a request for proposal before the Commission to give. us authority to issue that request for proposal. That request for proposal 'was advertised. We received four bidders. Mayo' Suarez: :Four. bidders camein and they're Mr. Armada: Four bidders came in, and therewasa... =- Mayor'.Suarez: ..:the most 'Iucrative bidder for the City? Mr. Armada: Exactly: There -was a'panel of.City employees established'... Mayor Suarez: 'And you're convinced that.they can fulfill their obligations? - Mr. Armada: Well... Mayor Suarez: Oh, that's the next phase now. c; e i t' xd That's the next phase, because he s�got to give me.-acou Mr. Armada: Yes. ' pie 'of;which .. of 4things: a One 'was; than, you, know,' ownership affidavit, which was going to'be incorporated into this contract. Mayor Suarez.•`'And corporate records to" prove all. of that.,°; �c k _ $ Mr.:Arma'da: OK. We11 that's fine. But. as part:,.; ofthe contract, that's y going to be come in. ; r s Mayor Suarez: Now about financial statements? td i F � r, 147 October 3,991� �k WeRJY F G 1 c Mro Armada He understand that. I give him this document in August.... Commissioner Alonso: I'm not so sure that he understands. n Mr. Armada: I gave him this document in August. He had plenty of tine 't+o �� a look at it. Mayor Suaire V. CtC, we have a motion to defer and it's been seca�nded y. " Commissioner Dawkins. • Commissioner. Dawkins: No, let me say something here. is Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I feel like Commissioner Alonso. We `should not subject the citizens to this. Now, here we have a staff member who is supposed to.be providing guidance to this gentleman. And here we have him now, and nobody knows who the principals are. He doesn't... nobody told him that he had to provide us with this. Then staff member tells me that he has an affidavit. The policy of this Commission has been, you must tell us who the principals of the company are. Now, tell me who the principals are. Mr. 'Armada: Commissioner, I cannot tell you. If he can tell you, perhaps he'll know. But I cannot tell you, Commissioner Alonso: Can you check that and find out the name? Mayor Suarez: No, sir, what you have in there is not the'owners of the -company. What you have in there are the officers of the company, and the incorporators, but you don't have the owners of the company because you haven't made up,your mind yet who 'they're going to be, and what percentages. Because :you think that you have to, convince.,us, probably by minority ownership, what percentage each has to have. j Mr. A1bo: The owner :of 'the' company I told you, Mr. Percy. { Commissioner., Dawkins: � Let me settle this. Mr.` Manager,' what's your 4- recommendation? Mr. Odio ...have to look at those papers first. = Commissioner Dawkins:, Sir? , Mr..Odio:' I cannot recommend until I.look at. those papers. .I have,to look at.-: , the documents. - 5 commissioner 'Dawkins: So what's your recommendation? `f Mr. Odio:` Let's wait. Commissioner Dawkins: Beg your pardon? Mr. Odio: Maybe` we can `bring' it back -later today if we think it's 5 appropriate. If not, defer it to the next meeting. 151 October 3;991:,.' 4 E.Wilii i:,0_ l - t l t+�, •r�EF 'f _ onmisIione r Alonsos Then let's table the item. ssloner Dawkins: So what is your recommendation Mr. Odio: Jo table the item right now. Mayon.. Suarez: , - Al 1 right,.1 the item is tabled. We got a 1 of of other i terns i You have a shot for the next few hours to see if ,you can convince ;everyb6dy here You withdraw your motion to defer? Commissioner Dawkins: Go,ahead... we're going to table it for now, f Commissioner Alonso: You know, some of these things, is the answer white, f blacks, and Hispanics are not participating because they are not receiving". t Commissioner De Yurre: I'll table my motion until they get their act together. E` Vice Mayor Plummer: You should have never put it on the agenda until i i IS { fully completed. Commissioner Alonso: ...the guidance that is necessary, and that's why we have 80 percent non 'local vendors; nonminority, getting -awarded the -bids in 4 the City of Miami in the last- sixmonths. Mayor Suarez: ` I. deem 'your proposal to table the item to be a withdrawal of. ' i' your second of your motion, which didn't have a second. I didn't mean to try to any procedural tricks here, but... Commissioner De Yurre: We had a second.here, Mayor Suarez: Right, but you then said you'd suggested that we... Comnissioner.De,Yur:.re: We'll table it to see if they can salvage it. E Mayor Suarez: A11 right. if it's not salvaged; then we're back on the table s` with A motion=to .defer, which will then be seconded. Commissioner- Dawkins: That's right. Mr. Odio: This item has to be heard the next meeting, because he has to how..; kti x. us the corporate papers, and he doesn't have them here with .him, so... 4 x T { Mayor Suarez: All right, we have a motion to defer. Is it seconded now ;4 h , Vice Mayor Plummer: We have no choice. Commissioner Dawkins: At the recommendation of�the Manager. Commissioner Alonso: We have no choice. =r, :. Mayor Suarez: Yes, I guess we have no choice. r' 9 ,a 152 October. 3,: t.t t 47A t5P s ` x x4 44 y Cc rrtissioner bawkins: Mr. do Yurro move and I second. Mayor Suarez: Call the roll, please. He can do a lot of things. Nobody.'s ' L Aping to vote against him if he's the one selected. We dust have to croava�. the is and dot all the i's. He can spend the next three weeks gettln to operate. Mt, Odio: The Administration, Mr. Mayor, made a mistake. 'This item should not have been -on here.-` We made a mistake. We'd review the agenda yesterday; and nobody pointed out that we had a problem, So, I'm sorry. Mayor Suarez: Call the roll. Commissioner Dawkins: Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-719 A MOTION TO DEFER -CONSIDERATION OF AGENDA ITEM 13 (PROPOSED RESOLUTION SEEKING AUTHORIZATION TO EXECUTE A MANAGEMENT AGREEMENT WITH LATIN AMERICAN GOURMET >_ RESTAURANT, INC. FOR MANAGEMENT, OPERATION AND MAINTENANCE OF THE PAUL WALKER PARK FOOD AND BEVERAGE CONCESSION (AT 45 WEST FLAGLER STREET) TO A FUTURE MEETING FOR FURTHER INFORMATION. Upon being seconded by Commissioner Dawkins, the motion was passed: and adopted by the following vote: AYES: Commissioner Victor De Yurre .> Commissioner: Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J.<L. Plummer, Jr.; s; Mayor Xavier L. Suarez k NOES: None. f ABSENT:" None. t , 153 October 3, 4991 16 , sX7i `L YC S ,: fWf WYIiYH�CQWrti.liYYll��i'i'YiiGiGi.ti�i iY4liliiY�ii MY yiWYli{YifYJilfiWYilYl�t.ii.CiiGfiil®ifl.il Gii�Wf iGlYi iYiri4+ii Pi rLY111i lYGiG(iiiliYiifil�iYiliW'�fi GYYi AIYii O�fi awl" _ l ` 21, (A)` APPROVE CHIEF MET OFFICER'S REJECTION OF PROTEST PROM .a R5UR URBAN CON TRUC , IN CONNECTION WITH SECOND INFORMAL -BIDDING FOR THE CURTIS PARK REDEVELOPMENT .. FIELDWORK PROJECT. (Immediately awarded thereafter to Urban Constructors by Resolution 91-721.) (8) ACCEPT BID OF URBAN CONSTRUCTORS, INC. FOR CURTIS PARK REDEVELOPMENT - FIELDWORK PROJECT B-2983-H, BASING THE 'AWARD ON PREFERENCE GIVEN TO VENDORS WHOSE PRIMARY OFFICE IS LOCATED IN THE CITY - AUTHORIZE MANAGER TO EXECUTE CONTRACT. arlY`rwrlslibrriww+w�.----------rrrrr,ri.rr.rrw-----------------------`-------------------- .: Mayor Suarez: Item 14. Vice Mayor Plummer: Mr. Mayor, may I please go on the record... Mayor Suarez: You have a protest... Vice Mayor Plummer: May I please go on the record, sir? Mayor Suarez: Yes, Commissioner - Vice Mayor. Vice Mayor Plummer: In relation to items 14 and 15, it is no secret to anyone that the Marks family have beer, continue, and will always be very good friends of mine. Some comments have been made about that friendship. I want anyone and everyone to understand that my friendship with that family is one thing. The business of this City is another. This is an objection, I will base my vote solely today on the recommendation of the Manager and the City Attorney. Whatever they recommend will be my vote. So I just wanted to go on the record so that nobody can cast a finger, and say that I voted one way,or, 1. 4 p ; ; the -other because of friendship. ' � f n'if I believe it. Commissioner'Dawkins: 'Eve Vice Mayor Plummer: I don1 t deny that friendship. Commissioner Dawkins: Even '-i f I believe it, eh? µ Mayor Suarez: All right. 3 Vice Mayor Plummer: Yes, sir, 14 is tied to 15. Commissioner Dawkins: OK, go ahead on 14. Mayor Suarez: They're related. If you reject one, then you accept the other one. Please. Mr. Jacque Evans Thermilus: Yes, my name is Jacque Evans Thermilus, owner of Urban Constructors. a.: Vice Mayor Plummer: Can you hear good over here, or is it me? 154 ' October ' 3, 1991 F tvR- 7C+� '• Mr. Thermilus. Our address 19 4i28 N. Miami Avenue, Vied Mayor Plummer: Mr. Mayor, excuse me. Could we ask that a speaker,be pd '. £ff over here? We can't really hear over hers. There's a speakerover thera:,.fa there any way you cans.. k Mayor Suarez: Yes, why don't you use this mike and 1n the meantime... Vice eaker, Mayor Plummer: No, no, it's the s , not you, sir. y p� There's no . speaker over here, and we're having difficulty trying to understand. Mayor Suarez: Go ahead and use this one for the moment, and would you get the podium moved over a little bit closer to our line of sight? Vice Mayor Plummer: That's why I walked over there a while ago. Commissioner Dawkins: Move the podium, Mr. Williams. Move the podium to the... Vice Mayor Plummer: I don't think it's the podium, Miller. I think it's they got a speaker box over here, but we have no speaker box over there. Mayor Suarez: Do whatever it takes, so that we cannot only hear the person speaking over there, but see that person, please. All right, Evan. Mr. Thermilus: My name is Jacque Evans_ Thermilus, owner of Urban Constructors, 4128 N. Miami Avenue. Vice,Mayor Plummer: That's worse. Commissioner Dawkins: -That's worse. Pull it up to your mouth. Mayor Suarez: Pull up the mike to your level. Wait, do we have anybody from the City Clerk's Office that can help, us with these things? The City Manager's, the GSA, somebody? }: Ms. ;Hirai: GSA As right here behind us. Mayor Suarez: Insetting up the mikes for people, and otherwise facilitating our operations. Go ahead. Mr. Thermilus: We:.bid:at Curtis Park. The first time we bid'it, the price . was $479,000. Marks �1 Brothers was five -twenty. There was two other bidders 'at_ five -seventy and five -ninety-eight. The City of; Miami told,.. Mayor :Suarez: Your bid -was? -once again. Mr. Thermilus: Four seventy-nine. Marks Brothers was five hundred and twenty t f thousand. OK? The City called us back and said it was over budget. Mayor Suarez: OK, I'm reading in item 15449 for them. I presume you're going to clarify, how that happened. Mr. Thermilus: Correct. That's the second bid. 155 October 39 1991 ' f. , JR MFt�s t Ffiayruires ` 1�11 right. Mr, :„.They brought; us in,: to try to see it we cut out frdW the pl ana . chit and 4GA if we could work to their budget. We started to work on it for "a rtr } couple of Boys, and then we got a notice stating that it would be rebid Wednesday, 2 00 01eloek. BY that time..+ L Mayor Suarez! There was a second bid then? Mrib Thermilus: Yes. By that time... Mayor Suarez: For the whole contract? Mr. Thermilus: Huh? Mayor Suarez: For the whole contract? Mr. ThermiIus: Yes. Mayor Suarez:- Not a portion of it or anything like that? Mr. Thermilus: It was the,field work. Mayor Suarez: The field work. Mr. Thermilus: Yes. Second, the numbers were on the street already. The second'time it was bidded Marks Brothers came in with a budget of four 'forty= nine, it was four seventy-four. That's when we protested because we're in the City, and in your specs it says a ten percent rule if you reside in the City 'Miami of Mayor Suarez: Ten 'percent would bring yours forty-seven thousand dollars - down? Mr: Thermilus: No, we... $25,000 was the _spread. Mayor Suarez: Twenty-five. Commissioner."De'Yurre: Are you willing to make any adjustment on your bid? Mr: Thermilus:' We -told the City-Public.Works that.we'would work with them 'try reduce 1t, yes; "sir. r. Y Commissioner De Yurre: Give us an idea where you're at. Mr.'Thermilus: We11, my bond is 3 percent: So figure we could.°,probabl come y off. about ten : grand. . Commissioner De Yurre: Ten grand more, so"youore talking about four sixty- 7 :five now. f 'Mr.Thermilus: Correct. 156 October. 3#'4991 } i n } r. is x Or issibher' oe Yams:= It has been ouroot in Pact, this m6rhtflo we,ha� x die mion ebbut this whole situation about supporting businesses that are within the City of Miami, i y And certainly, a �15,OOb differenge, when ,��u re tatkil g .-��about $460 000 � contract, I think: it's "Wdl i within that ten percent � ara�etar� S i i s Odie; Because of- that consideration, we have to recommend thate T f� thi ii, because we have the ten percent rule, and he meets that. And if we 'hive; to... we are going to do what we say we're going to do, this is one of a case.; Commissiontr be Yurre: And we're talking about a qualified company, they're professional... Mrr Odio: Yes. - ;. Commissioner be Yurre: ...and you recommend them. Mr. Odio: Yes, of course. Commissioner be Yurre: Based upon that recommendation, I would... OK, let's see, what else we got to hear there? Mayor Suarez: Yes', we have to hear from the... Commissioner De Yurre: Are you going to lower it enough that it's more than 10 percent? Mayor Suarez: Wait a minute, wait a minute, Commissioner, you can't negotiate r here. But, technically... ` Commissioner De Yurre: I'm not negotiating, I'm just asking. r; Mayon Suarez: =Technically, your comments, if you are with the Marks Brothers? Me James E. McQuaide: Yes, sir. Mayor Suarez: Would be appropriate to item 15, but I think to not create..too` much confusion, we' wi11 take you also on item 14, ,so that you don't later°say; that you' were not heard on -this item.'' Obviously, they're related. If we accept one protest, then we basically will go with the ``low bid, or else:.weWi ' 'you° ;a. g could throw them ' alout.' So might want - to address any of those i scenarios. And in the process, if it's proper for them to state any new. figures;= as% Commissioner De`Yuere is `trying to :elicit, I,suppo'se you can do f that. I'm not sure that that's... �- u.: Mr. Jones: ; :. - Mr: `Mayor, 'just as a point of caution, is what°`you're doing is giving an 'appearance that you'`re' negotiating which; of course; is totally it-legal.._.,So 1I just: caution you,as to"what you're.doing. ,l r Mr. McQuaide: That's correct, sir, that's correct. y =0,5' Comrnissioner:De Yurre. We're not negotiating, 157 October 3, 1991 u, r c... Mayor Suarez: Al right, well go ahead and stag your position on the prossti pair 'aeo Mt`6 McQuaides Yee; sir; my name" is James'McQuaide, I'm with Mark's �Drotpers�. ' t they `these gentiemeh arccorrect in stating it was Out out for bids totally +over budget. It was -rebid. Your Legal Department `hAS 11filtly' NViewed the protest, and said it is without merit. Your Legal Department already said it's not a valid protest. r; Mayor Suarez: Why? Mr. McQuaide: You'll have to ask them that, they're here. Mayor Suarez: No, no, no. Mr. McQuaide. I don't know the answer to that. I just know that... Mayor Suarezt Mathematically, I thought I heard that with the ten percent { local business preference - thank -you. ; Mr. Odio: They are the lowest bidder. Mr. McQuaide: I'm not through yet. I'm not through yet, sir. I'm not through yet. Mayor Suarez: They become the lowest'bidder. Why is that not the case? What. am I:missing here? -than the Law Department is going to try to tell me =` otherwise. Mr. Odio: If they..: r Mr. McQuaide: Sir, also what I'd like to say, I don't know how many Fula time employees these .people have. I'd like to 'know that. We have 35 percent of44, our employees are black. I have affidavits here stating the black Contractors, t that we're going - 'to use on this project, -and . the -Hispanlc'1''Who are disadvantaged businesses. I have their certificates in my hand. 1 Mayor ySuarez But'the problem Is that -so far the'whole;..s has hingetl on' the.local preference only, not on race or ethnicity. Mr: McQuaide: It still doesn't put them low bidder. Mayor. Suarez: No? -I 'thought it did; mathematically is what we're hearing..t.' hr Mr. McQuaide: Let's check that out. But I'd like you to ask your Legal Department why they're saying ,ithas no merit, and then...`I'm not an attorney and I don't : know who el se 1 s here ' an attorney. You °ala- are saying, wel'1;; .. forget what the Legal Department,says. And now you're asking them, well can> you... Mayor Suarez: 1 No, no, sir.` I was not saying that. I m sorry, I was.,saying we.were going to hear from the Legal De... { vk Mr. McQuaide: But you did say... s 158 October :3," I19§1 z P r ter' r 1 Mayor 5uare for a flat out set asides? And this is not one of those v i- ; �. Mgt darter: Yes, end this is not a set aside. it's a regular bid+ fit, Mayoruawe: Isn't theta a state requirement for general contractors wait, wait, Cotmissioner, I:m asking a question isn't there a state requirement for general contractors that the person who has the GC (general contrattor)' license have to be the principal? i Vice Mayor Plumer: No..- ; Mr. McQuaide: No, sir, no way. Mayor Suarez- What does he have to be? Mr. McQuaide: You've got large corporations that are going to have that. Mayor Suarez: He has to be something. s ;d { Vice Mayor Plummer: No. Mayor Suarez: Has to be an officer, not the CEO (Chief Executive Officer)? V:ice Mayor Plummer: Like the ownerofa funeral home doesn!t have to be the funeral director. Mr.°McQuaide: Not necessarily so. Mayor Suarez: All right, now. Mr. City Attorney, do you have an.answer, .to, �. the other .question that was.pending?,-which is what. the protest legally was = About , and .why was it:or--was>it not disqualifying of the group? -Evans group, F yes. x Ms. Carter: Yes, sir. If you could... share with you. The protest issues,.: ,. that were raised by .Urban Constructors,had nothing to do with local preference at. a11 x Mayor Suarez: With price. Ms. Carter: Nor did it have anything to do with price. E{ do Vice Mayor Plummer: Well, what did it have to with? { Ms. Carter: It had to do with procedures.. And essentially Urban Constructors: was .concerned about the extent to. which -proper procedures were followed in ,r obtaining the quotes. `. Mayor-. Suarez: Did those procedures affect their standing as the bidder with_ r K ' the: lowest price, if you give them the local preference? ` �. Ms. Carter: No.� 1 ,{ 161 October 3,?1991= ` a G u . r } fit {. pf k Mayor Suave : Are they responsive, responsible bidders Who* in effect, have r the lowest bid with the local preference? r; Ms+v titter., With the local preference, yes. Mayon Suarez: So why are we arguing? t Ms. Carter: We11, that's why we're here, to the extent that the protest was responded to by me and approved by the City Manager and the City, Attorney] justly so. However, ; there is another issue, and that issue is the extent to which the, administration or, the City Commission desires to apply the ten percent local preference in the award of this particular contract. r Mayor Suarez: it's not discretionary, is it? . Ms. Carter: Yes, it is. It is "may," and I have the ordinance here. Mayon Suarez: Ahhhh. Yes, I think I do too. Ms. Carter: OK. No, it's "may." It is discretionary. A Mayor Suarez: I<didn't read it to be, you know, so discretionary as you., re, implying. Ms. Carter: If you give me one second, I'll get the ordinance. Mayor. Suarez:. "Provided, however, that if the amount of a bid or proposal submitted by a vendor whose primary office is located in the City of Miami is not more than 10 percent in excess of the lowest other responsible bidder, or proposer, such local vendor may be awarded the contract. But the City Manager F or his designee shall have the power to reject all bids and proposals." I see what I did. I read that to mean... Ms: Carter: Key word. i Mayor Suarez: Wait. I readthat to mean, either we take the lowest bidder with the local preference factor, or we must throw out all bids. What you're ; Saying .is. that you have ,the: option of throwing out all of ;the ,bids,: giving=At to: the :local bidder'with'the local=preference factor; built in, or not ;do hat. And'give it to the flat ;out local - I mean - flat, out... Ms. Carter: Low bidder. s I Mayor Suarez: _...bidder with the... } Ms, Carter: Absolutely. You .have it correct. Mayor Suarez: Who drafted this :,crazy ordinance: thatgives us that {kind =of . k i discretion? y Ms::.Carter: I; certainly did not, sir. X Mayor.Suarers How are we supposed to decide this: hen? We kind;.of just liken who we, like better or something? ' x 162 October 3, 1991 s . r a xka ct rfve? 7 r {Y�F wanam ' " .. ... a �t �Ir' ,MCQuAidl: Sir, �i�d� like; to sad a few"more things;� if 1, May t 9raw.UP irf Miami, so .�, YOU know, I'm going to live here all my life& I wart to a, x„ reiterateWhat 1,, Laid again. We have 36 percent black `peopla that work four . us. Some of them 30 years.. Mayor Suarez: That doesn't seem to be an issue though, sir._ Mr. 'McQuaide: The issue to me is, you have a choice whether to give it to them or give it to us.' We are the legitimate low bidder. You have a budget crisis now here. We have people that live in the City, 50 'percentof our people live in the City I don't know how many people this gentleman..b full time employees,. I'd like to know. Unidentified Speaker: Yes; please. r z Mrs :McQuaide: p Y blacks. We are How many Hispanics he employs, how man dependent on this work. f Commissioner Dawkins: OK, let me say something, Mr.... Mayor Suarez: Yes, and I don't think he's going to have to answer that, because I'll answer it for him. And it will be satisfactory, I guarantee you. Commissioner Dawkins. l Commissioner Dawkins: Let me say something before you say that: You know, you're to be applauded for working 35 black people in your company. But I've been in' 'America 66 years and you can look at me and see I've been black 66 years. Mayor Suarez:-' Getting lighter every day. k `Commissioner Dawkins: And my... yeah, uh.huh, getting blacker every day, no problem,` Mayor Suarez: No I said lighter every day.. X Commissioner Dawkins: But; it's time,>in my opinion, that we° own the: r ; # ;plantation, see. The 35 people who you work, work on the plantation, they, don't=own`it.` This gentleman owns the plantation. So let's let him put'some' people to work on his plantation. Mayor Suarez: Here's the problem with the argument,. see ,>sir. '.When.you say. : �that-.the.City saves: money. Not :so clear. If•.we; think_ the. _local preference is, 1. a blg'factor, it is because we understand that the company that is located in :the `City is paying City -:.taxes - in all. of. its operations. Its. employees; we ' presume, are going to be more residents of the City than And h yours. ey:will :then be, -paying.City taxes.., Jhe benefit of the ``contract w.i11- inure :aotpeople' , s who' are City ;residents, who :are employees and .owners= of this corporation.:: And '? all of that will make the City of Miami :a little bit wealthier, and will f actually, ultimately, put more money in our coffers through sales tax and a11, ,the other `participations that we have: And through the value" of theirf homes and real property they own in the City. -So it 'adds to our economy probably a; lot more than the difference • in the 'contract prices, I would guess. But,':I j ' 5 S3 October 5, 1�91' i' SM1¢ F x, to your i, to YOU# Were . frankly, tanndt prerwise ove t Are y°u saying this tji i t prove that ....our Choi oa7 That s not what we tnsant to 0 batk to* oiess the city :..Attorney fella us of x t anti rei y e matter of is aisios ordi n►noa. we meant to eay a fi Xed rule a with the i ooe►i Pro . r As Mr'fdi: As fat' IS. 6. '10 percent+ they are >, accent, within Mayor Suer;:. If thought wetwere doing• entitled to it i the within interpret git as I'm concerned, we are if Mrr. bdio% As far they'll g City company, that -if it's a local company. �► the 10 percent automatically. Mayor Suarez, 1f they're within 10 percent. Mr. Thermilus: I'd like to... Ma or Suarez: That's the way I've always thought of it. y T Mr. Odio: And that's the way we're doing it. Commissioner Be Yurre: I thought it was discretionary. Mr, Odioc _It's not discretionary as far as we're concerned. We are doing it. It's no iscre 10 percent, they get it. That it's mandatory they are within Commissioner Be.Yurre: So why is it before us then? rotesMr. Odio:- That's a good question, becauave to do it that ways. we had to g o h through the procedure of dis... that we his 50 like to add, because he made a comment about Mr. Thermilus I'd Sixty '8 emp�0yees on our s Ang1o. , S �fe l3 �� For; our <information, We got Number employees,. y 25 percent Spanish and th other i black. OK, them working for us. five percent people from 395 homeless, a whole bunch of two,.w e,hire You've done that already,'sir, Evan. - Mayor Suarez,. -We appreciate Ghat: y OK so check what you're talking about first. Mr.lThermilus Mr.McQuaide: No, I didn't dispute... ,. uestion, he was arguing. a q r Mayon -Suarez. : He was raising I asked the question. I didn't dispute anything:{ Mr.. McQuaide: that , He stated his figures and he said but it s: Raising a question. ' Mays..: or Suarez: be ought to state yours. it -.wasn't pariicularly relevant, y you now,,.. I'd like to say one other thing. This job is not. like buying a. I don't know if. this ` Mr. McQuaide: is a ite .work job,, where something. This. j computer: or gentleman has graders and rollers and dirt...} 1991 . 164Octobers •+ ,?fi'•'yT i3ro i� '. -'Se i+r%L t '"(`Pty �I ; F' 3 .I 1Y1�. INQW �.k� .`{- u'T 4 ' ui '31ra3-` T rv'4a 4 _ vi `I%C' 3 7w er..� Mr., Odio. That i5 not proper May Muaide: It i5 t0 me, beCau�Se.:. rrS! 1Yiyo Sari: outthhat's not your determination Mr. Odio:" That is not your.t. _ Av t Mayor SuereZ: It we deem that he is a responsible bidder. Mr. McQuaide: Yes, sir. Mayor Suarez: We've made that deter.... we've crossed that bridge already. i Mr. Odiot ...him to determine that. It's up to us, We're.... Mayor Suarez: Right, that's... me. McQuaide: Rut, it is... Mr. Odic:Excuse me, excuse me... Mr, -McQuaide: I think you "are" reading the ordinance wrong, and I think you know that:' You... Mr. Odio: We are recommending that we go to the ten percent rule, and that we _ awar&' i t` to' the local - Company. Mayor Suarez:' All right... commissioner Alonso: I so move.'` Mayon Suarez:: So moved. FS Commissioner De-Yurre: What's the motion? ' Mayor Suarez: ` The motion i s to accept the:`.. I 'don't know i f it's really to accept the protest, or... Mr. Jones: Excuse me,'Mr. Mayor, a matter of procedure before you deal with that. a Mr." Odio I!m sorry; you have"to.. Mr:'"Jones: °You 'need to make a determination as to whether you're going to. reject the bid first. r :i Commissioner Alonso: So, we have to move to reject. Mayor Suarez: )OK, -:the Commission is being... Mr: Jones: Which -means you"have to'take up item'14. rt{ r ; 4 , 165 October 3, 1991 y FWR } i commissioner Alonsos Reject first, and then move. iity Fiaybr Si-Suar: the tenor of the motion, Mr. Attorney, since today is your k' first dayo is that we award this contract to Urban Construction. ,offitial that the correct name of Evans' company? Now, could you please put that into the correct procedural format so that we can pass that. And if any CoftiSOdner wants to make a substitute motion or a different motion, that ! will happen. What is the way to do it? k✓ Mr. Jones: You should deal with 14 first. P Vice Mayor Plummer: Reject. Mayor Suarez: OK. How do we deal with 14 in conformance with and compatible with what you understand to be the objectives of this Commission? . Mr. Odio: Move the decision to reject the protest from Urban Constructors, Inc. Mayor Suarez: OK, the protest is rejected. So we... Commissioner De Yurre: No, hold it. How can we reject their protest? t Mayor Suarez: And then award the contract to them. Mr, Odio: Yes... Commissioner De Yurre: We have to grant their protest. . Mr. Odio: There is a protest pending. You reject it, and then you.,. Commissioner Alonsos His protest? Commissioner De Yurre: If we reject their protest, then they're out. Mayor Suarez: It seemsbackwards, is what the problem is. Commissioner Alonsos How can we award the contract to them? t r .: INAUDIBLE COMMENTS NOT"ENTERED INTO THE PUBLIC RECORD. : Mr. Williams: Yes, go ahead, Judy. Y 4 , Ms. Carter: .Please hear me out. i recommend that you accept the protest,.: recommendations of. the Chief Procurement Officer, the City'. Attorney,' and the City Manager.' Now that... a Commissioner De Yurre: Which is? Ms. Carter: Well, that is to accept our response to the protest, and that is, that it was a valid response. r Commissioner De Yurre: A valid protest. 166 October 3, 1991 .., , M "Z� a CClfli$sidner^De turret CK.s k. u; Ms,.Carter: ...but'noy no it was not a valid protest. Mayor Suarez: Wowl Ms. Carter. it was,,a protest -that -64 Mayor Suarez: -Now you've really confused us. r Ms. ;Carter: No, no; no. it;is not confusing, please. Keep in mind that the Mayor Suarez:: No,:no,.no. .Wait a minute.. rr Nis. Carter: Please... Mayor Suarez:: No, no, no. We're not going to go into philosophy and your version of life. Mr. City Attorney... Ms. Carter: No; no. -no.... rr Mayor Suarez: Wait, ma'am. You know what we want to do. What is the proper legal way to do it? We've had enough discussion on this item for one .day. Mr.Jones: The Manager has put before .you a recommendation to reject Urban Constructors,protest. _ So J think the.; proper, way is to either pass a motion - upholding'the.Manager's recommendation or... Mayor Suarez: Can we reject the protest and still award them the contract? , Jones: Yes' i} Mr. F Mayor Suarez: A11right, i' 11 entertafi� a mmotion to .reject the protest. it 1 ,t} Commissioner Alonso: Yes, I so move.21— Mayor Suarez: So moved. Commissioner De.Yurre: Second. 4-1 Vy MayoniSuarez:.r, 'Seconded:. ;- Any. discussion? If. not, ,please..cal1 the roll,: I u4 t y` can'-t 'anybody disagreeing with that particular motion, but' we might f ,imagine disagree .pn'the;next.;one. _ f i "1 167. Actobe introduood by COMMA ssi00tr Alonso, Who The following resolution was 06VA-d its adoption: RESOLUTION No, Si�lO A RESOWTibN ARPROVINC THE CHIEF PROCUREMENT OPICER`S °SHE PROTEST FROM URBAN t3ECISION. To REJECT INCH, IN CONNECTION WITH THE SECOND CONSTRUCTORS* BIDDING FOR THE CURTIS PARK REDEVELOPMENT To BE INFORMAL FIELDWORK PROJECT, AS IT HAS BEEN DETERMINED 3 WITHOUT MERIT. Here follows body of resolution, omitted here and on Clerk. file in the Office of the City by Commissioner De Yurre, the resolution was passed. Upon being seconded and adopted by the following voter r} ,F ' Commissioner Victor De Yurre AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso ,i Jr. Vice Ma.LL ,y Mayor Xavier Suarezplumm NOES: None. ABSENT: None. Mayor Suarez: Yes, now the motion is to approve... Commissioner Alonso:' Now we move to approve... Mayor Suarez:,...Urban Construction as the bidder. �: Urban Contractor -what`s the name? Urban... rk F i Commissioner Alonso. ,..the Mr. Jones: Urban Constructors, Inc., i OK. Comnissioner'Alonso: 10 percent local preference be ,1 Ms. Carter: Yes, you're moving that the .. applied... Commissioner `Alonsoz Be applied. : Mr. Jones: Be applied. }• Ms. Carter: ...in this particular contract. Thereby.:. Mr. Jones: Being awarded. x Ms. Carter: ...awarding the contract to Urban Constructors. Vice Mayor Plump er: Mr. Manager... ,. '. ._ 168 October . . `199 ! Mfl Y1s k'ij , CtsYrtlissioher MOW-. Fine, whatever she's saying, I agrees So moves Mayor. .Suar s $o moved' o- Vice Mayor PlUW60;: What is the Manager's recoMbAdati0h? �t Mayor Suarez: Wait, I'm waiting to see if I +could get.:. Vice Mayor Plummer! OK. r° Mayor Suarez: i.oa coherent second here from Commissioner De Yurre. Commissioner De Yurrei Well, second for the `stated amount of four sixty-five. Mayor Suarez: Right. Now, I deem that to mean that he seconds it, and he .i permits the Manager in the final finishing touches of the negotiations to see- if he can get a lower price, keeping in mind that for future bids that you x might make, we will take into account how well you negotiated all of this to save the... µ, ! Mr. Thermilus: Right, four sixty! -five. Mayor 'Suarez: ...taxpayers' money. Mr. Thermilus: Correct, Commissioner Alonso:- So he's saying yes. +, Mayor Suarez:'- We don't want to negotiate it here, but we've heard a figure and we might just hold you to it. Can't do that, all right. ,. Commissioner Alonso: Can't? Mr. Jones: �� You cannot. a` May Suarez: So, with the... right, with the understanding that you will put the: finishingtouches, and try 'to return to the citizens of Miami as much of their money as possible, etcetera, etcetera. All right. We have a motion and Ji a second:: An :further.discussion? ' r. ;. Vice Mayor Plummer: I'm.asking, for the record, the Manager's recommendation. t_ I'm -'-recommending that- we'- use the-210 percent, local preference, ,1. ,and award it to Urban Constructors`Inc. ._ a f= Mayor- -Suarez: OK, so° moved and seconded. If there's no further discussion, cal a ° the' roll21 y k - ,c } �r rk 169 October S, 1995 r�x { . x r` r+ Co missioner Alonsol kespotlsive, responsible, and it will have to be . i`nve�tigat�d. . r k Mr. Jpness OK, MY recollection... { Vice Mayor`plummer; In other words, are we saying... P Mayor suara2i I think it has to be the principal office of the entity, Commissioner Alonsoo, Yes. Vice Mayor Plummer: Well, OK. Out I don't think we have any definition at this point`. Mayor Suarez: I thought we did, but is that correct, Mr6:.. Mr. Jones., Let me just address this, Mr. Plummer. The Code and the ordinance , provision is silent with respect to that. I can only tell you that it's my recollection when this preference was placed in, that the thought was at that point that local preference, in terms of a local vendor, meant a business that had its principal place of business in the City of Miami, because otherwise... Mayor Suarez: Yes, I would strongly recommend that that be the interpretation. Otherwise, we'll never, you know, hear the end of it. And maybe you ought to build it in to an ordinance, and in the process maybe you { can clarify this language a little bit. Mr. Thermilus: I'd just like to thank you. Mayor Suarez: City Attorney, it sounds like you're getting a lot of work to do as a result of`:today' s meeting. But this really could be interpreted to . mean that we have absolute discretion as to those three scenarios that I _y mentioned before, that is not the kind of wording that we need to be able .to . avoid' lawsuits,`etcetera. Commissioner Alonso: That's right." Vice Mayor 'Piummer: ''Can I ask`now, for the record, only, one question that the vote is taken? There was- a question asked of Urban., Is the owner,; .the principal owner, holds the degree of competency? s Mr. Thermilus: As of October 31st, I will hold it. Vice Mayor Plummer: I'm sorry? Mr. Thermilus: October 31st. h ' Vice Mayor Plummer: Of last year? ? _ Mr. Thermilus: Of this year. t Vice Mayor Plummer: You don't hold it presently. 2 i.4 Mr. Thermilus: No. 4 171 October.3, 1991 :a Mayor Suarez. Who holds it in your Company? Who is the qualifying*66 °'.. Mr thermitus: Fbrty-nina,perc+nt, he works for me.' Mayor Suarev. What's the name of the person? Mr. Thermilus: Joe LeVerming, Mayor Suarez: And how do you know you're going to get yours on October 31st7. Mr, Thermi 1 us: I took my exam last time scored 66. I take it back again October 31st. So I should be able to pass Mayor Suarez: All right, but you're no different from his situation where the 5 principal owner also is not the one that holds the license. And that's not our: criteria anyhow, I guess, as long as you are, in fact, a GC (general contractor), the company. Mr. Thermilus: Correct, and I own buildings in the City of Miami. Vice Mayor Plummer: Well, my question is, the name that you mentioned, is that individual white or black? Mr. Thermilus: He's white. And if you check through the County, if you go to the County, you'll notice that it's all my money. Vice Mayor Plummer: Well, I, hey, I fully understand that, in fact, that only affects set asides. - Mr. Odio: Yes, we didn't issue to a minority, we issued to a local.company. Vice Mayor, Plummer: What I'm saying is, this whole matter. that is totally ; - unclear, because I know what Dawkins is trying ,to accomplish, what this. But let's don't go .under, any Commission is try ing to accomplish.subterfuge " when you ask of one individual, is that person the 51 percent the competency ' holder, and the answer is no. it's not asked of the other. Then when ytiu asked the 'question and you find out that, in"fact, the owner in that side,'s this not he competency holder, and, in fact, a black.,.What is represented o "r Commission as a black firm, the competency holder is white. t� - f Mr.- Thermi 1 us: Not being disrespectful, Mr Plummer, when; I approached my F prote t, I did not bid this job as being black.. I bid as a prime contractor. My complaint is-i have two properties here which I spend a lot of: ,money:in the` r t5 City of Miami. Vice Mayor 'Plumner: Sir, I was just saying out of fairness... A ' x- t 'Mr. Thermi.lus: No, no, no. I just want ,to clarify that. }sf rty Commissioner Dawkins: Hey, you're not helping your cause: ' r k Mr. Thermi l us:: OK, same thing with ;Afri can Square Park. Y y'i Z is (tip; 172 October 3,..19 + -A, •' Ran - -. ,:: , �i'10tner Dawkins You're not helping your causes S' Vice Mayor Plu*sm Yes quit while You're ahead, but I think that's got to clarified in the Uture. I -tell you, there's allot of loopholes. Il�F Mdypr uaw+� : A16t of work need to be'done on this ordinance. Bice Mayor Plummer. And exactly what Miriam is talking ts the reason of the a pr�obl ensa, i think we re having is because of these loopholes. Mayoruare: All right, let's go, Commissioners. We've got a lot of work to do. Commissioner Dawkins: OK. Commissioner Alonso: ;But before they reach us... Commissioner Dawkins: Go ahead. Commissioner Alonso: .'..they should really be clarified* I don't see 'any reason why'the staff cannot check all of these items, and when it gets to us they should have asked a'll of these questions. It seems to me very basic. questions to identify what we are going to see in front of us. And then we x will' -'be 'ready to make a decision.� Mayor Suarez: OK, item 16. - U Commissioner Dawkins: OK, before we get to that, Mr. Mayor, I'd like to ask a question of... Mayor=Suarez: Commissioner Dawkins. Remember that we have about... Commissioner Dawkins:, ...the administration. i Mayor Suarez: ...30 items left.' - Commissioner Dawkins: We just.had-a gentleman there who we gave a -contract to, and we did not ask who the principals were, who owned" -the company, and own:_ j . know._;` .nothing.So why did we do` that to the case prior to this? I'd like. to You know, what makes the difference? Now Mr. Oliver was out there, we needed< tF his pedigree, and a11. Then we just awarded a contract, and we didn't"askthe'` owner of that company for who the principals were or nothing. So what makes.- the difference? °}3 Mayor Suarez: Going into this meeting, what information did you have,on the:' two companies that was different?' ' INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Ron Williams: No, I didn't hear the question. I'm sorry, Mr. Mayor.. Mayor Suarez: What prompted the inquiry - actually it was from a member of W,vk ik this Comnission, not from you - but what prompted the inquiry in the case of. A� Mr. A1bo as to the ownership of the company, and that would somehow not;have,`u I{a 173 October 3; ; I991 -r 777 ".r N1 2", k'5 -Ui�b1F'�1:1��,ill afl�F.Bit�iitlfYi�t iYtiiWllYi�iiiiDiY1.Y �11iiiWQifitit Yfiii9iii if iliYlY.ilii allii citi.Ya:+i®+fiifY Piri:i�GiiY1aSYWsrYi iGiiriYY�i4ialiiiiiil.f4ii114 a i CLASSIFY SIX SURPLUS POLIO VSHtCLSS AS CATEGORY "Afl SURPLUS STOCK, WHEN Ai�AI1.ABl.S, F6R- rN��IOSO DONATION 'f0 CITY OF SW1'WAfiIt TO ASSISTIN 'THEIR IGWT AC►ATNSTgIM.- IiIYY:i1ii61illYYi111tiq�iall.iYi�itY�iiililYSYifliitii111f��7�{311Ys'+WIiNYiliiitiilii 3lLiliiYFil+WiWyiilir itiiYNiaYiiWY ii iwiflllYiGi YYIYr i'ii4,iG111iiilYliNi�iaYYIYYWYii4 Yi15iflGlliili R, ` Commissioner Alonsos Mr. Mayor, may I take care of one item... Mayor Suarez: -`Commissioner Alonso. Commissioner Alonso: ...a pocket item for the City of Sweetwater. And it's... Vice Mayor Plu`merb. For what? Conmi$8ioner Alonso: Sweetwater, an extension. Vice Mayor Plummer: Aqua dulce. Commissioner Alonso: Yes. It's an extension of Resolution 90-6979 to extend it for a year. It's in reference to equipment, changing the donated motorcycles for surplus police vehicles, due to the fact the City of Miami .did;, not have enough... Vice Mayor Plummer: Just to extend the... Commissioner Alonso: For one year. Y1ce'Mayor Plummer: I so move. I Second the motion. Commissioner Alonso: Yes. Thank you. Mayor Suarez: -Moved and seconded, Any discussion? If- not... Commissioner 'Dawkins:- What item? Vice - Mayor -Plummer: Pocket.:; p Fe Commissioner'Aionso: It's,a pocket item for. ex.., Vice Mayor Plummer: No, no, emergency.` x I Commissioner Dawkins: Oh, OK`. OK, no problem. ` Commissioner Alonso: ...resolution in reference to the City of Sweetwater. ,x . r Mayor-Suarez:Courtesy to the City of Sweetwater. Moved and seconded. Any: . discussion - recommended by the Manager, presumably - if not, please tail the;: I roll 175 October- k< F k"'MRi R R The f011OWing rdgOlUtion Wes introduced by Commissioner Alonso, who art moved its Adoption: RESOLUTION NC. 91-792 4 A RESOLUTION CLASSIFYING SIX (S) SURPLUS POLICE . VEHICLES AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH r - • R N- R t CARS SECDME AVAILABLE AS SURPLUS CITY STOCK, U T E DONATING THE SAME, TO THE CITY OF SWEETWATERo FLORIDA SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN OCTOBER 3, 1991 AND OCTOBER 2, 1992, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, SAID VEHICLES TO BE USED BY THE CITY OF SWEETWATER IN ITS EFFORTS TOWARD DETERRING CRIME. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice _Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT., Commissioner Victor De Yurre. ------ ------ ------- -- --�- - -- ---------------- - _..-- 23.;_GRANT REQUEST BY PROMOTERS OF THE 1991 MOTORCYCLE GRAND PRIX RACE FOR FEE; WAIVER OF CITY PERMITS CONCERNING THE EVENT. -------------------------------------------------------------------------- Vice Mayor Plummer: 'Mr. Mayor, may I take an emergency item? Mayor Suarez: Yes, absolutely. Vice Mayor Plummer: A resolution waiving all the applicable... this is what we do. I'don't know_why we have to do it every year. THEREUPON, VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE PUBLIC s RECORD, BY TITLE ONLY. ' I so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Vice Mayor Plummer: I don't know why we can't do... 176 October 30:1991 The foiIowing resolution was introduced by Commissioner Plummer, who moved adoptiont. RESOLUTION NO. 91-723 A RRSOLUTION.WAIVING ALL FIRE, SOLID WASTE, PLANNING] BUILDING, AND ZONING, PUBLIC WORKS, PARKS AND u RECREATION FEES REQUIRED OF THE EVENT PROMOTERS FOR s' THE 1991 MOTORCYCLE GRAND PRIX. (Here fol-lows 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. — -- -- -------------------------------------- -- ----- -- .ter rr--ter. 24.- ESTABLISH.COMMITTEE COMPOSED OF ONE `COMMISSION -MEMBER `PLUS CITY ATTORNEY, OR 'HIS -DESIGNEE,:TO`ASSIST CITY CLERK IN CANVASSING ELECTION RESULTS ON NIGHTS OF ELECTIONS SCHEDULED FOR NOVEMBER 5 AND 120 1991. (Note: Mayor Suarez was elected as Commission member). ------- ---------------------- - - - - - - - - -- - - - - - - --------_�---> Mayor Suarez: Item 16.; Ms. Hirai: Mr., Mayor., because` the Charter designates the Clerk as the canvassing board for the City... Vice Mayor Plummer: T.nominate Mayor Suarez-. Y. Commissioner Alonso: Second. Commissioner Dawkins: second. Mr.�'Manuel Gonzalez-Goenaga: May:I be recognized? Mayor:Suarez: All right. Nice to. have consensus on something today: -here: v, Vice Mayor Plummer: And after he ,resigns from that, he goes to Bayfrontf}Park. Mayor Suarez: Moved and seconded. Any discussion? -If not, please:.. 177 October-3, 091 Y Q d danzaift-Goensgas May i be recognized on this subject MayorAuare,21 Yes, sirs M 46hi lez-GOOn�tgar Citizens of Miami6.. Mayor Suarez: I'm curious as to how, what relevancy your comments may have, but maybe I shouldn't be so curious. Go ahead. Mr. Gonzalez-Goenaga: Citizens of Miami, we here in the United States represent the pillars of democracy. The sanctity of the election system is of utmost importance, and in a very important issue. I have heard a lot' of stories that absentee ballots are purchased. That a lot of money is given out in the black community to purchase votes. I am not saying this. I have heard these, and i am not so old in this community. And if you people have not heard about these things going on, then something is wrong. I don't have any objection that Mr. Suarez, the Honorable Mayor of the City, be a part of the canvassing. Like I should not have any objections, and you people should not have any objection whatsoever, that one of the representatives of the candidates also be named to canvassing. But the issue is that I would like to have a closer supervision like the FBI or the Dexter Lehtinen or whatever. agency he decides, to supervise the purchasing of absentee ballots, and to supervise the giving away of money in the black community... Commissioner Dawkins: Right on. Mr. Gonzalez-Goenaga: ...because I am extremely concerned. And if there is one Commissioner of those five sitting there, and anybody in this community that never have heard of purchasing of absentee ballots and giving away money in the black community, then I will not attend one more of these meetings in the rest of my life. Commissioner Dawkins: Well, Mr. Mayor has already told you once, and I'm going to tell you the second time. Do not stand at that mike and make allegations that you have nothing to back up Now, bring to the City Manager the names of the persons who you know in the black community who got money. If you do not have any names with which to put with your allegations, I'd;," suggest you keep your mouth closed. Mr., Gonzalez-Goenaga: I will not keep my mouth closed. I will open up a little bit more, and more and more. The situation is that this has been an old custom in this community. And I, again, emphasize that for the sanctity of the election process as we are supposed to, be the piilars`'of democracy, that we have` some more canvassing from people knowledgeable about the situations. I have heard it publicly at the Pub Restaurant to start with. And if I am committing what the attorney, Mayor Suarez, the Harvard' graduate""'` said, libel and slander, you can walk to go the Courthouse and file a suit' against me tomorrow. This 1s public knowledge, and maybe that's why, the citizens are disgusted, and we have to reestablish trust and confidence in the electorate process. And that's why maybe one of the reasons why the registered voters don't go out. And I am going to give the example of Puerto Rico, where I come from, that I consider that little island the more democratic than the United States. And I tell you why. Because there, 95. percent of the registered voters go the 'polling places, while here in the 178 October 3, 1991. Ss4 d 4j: Jti The following resolution wit introduced by Comsissioner Plummer, who moved its adoption: ,a RESOLUTION NO, 91-724 Vti A RESOLUTION ESTABLISHING A COMMITTEE COMPOSED OF ONE MEMBER OF THE CITY COMMISSION AND THE CITY ATTORNEY, ,I OR HIS DESIGNEE, TO ASSIST THE CITY CLERK IN THE CANVASSING OF ELECTION RESULTS ON THE NIGHTS OF THE ELECTIONS SCHEDULED FOR NOVEMBER 5 AND NOVEMBER 121 19910 PROVIDING THAT NO COMMISSIONER SHALL BE SO DESIGNATED WHO IS A CANDIDATE FOR OFFICE AT ANY REGULAR ELECTION WHERE CANDIDATES FOR THE CITY COMMISSION ARE BEING NOMINATED OR ELECTED; FURTHER DESIGNATING MAYOR XAVIER L. SUAREZ TO SERVE ON SAID COMMITTEE FOR THE,ELECTIONS SCHEDULED FOR NOVEMBER 5, AND 129 1991. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. .ABSENT: None. 25. APPROVE :PARTICIPATION BY THE CITY OF MIAMI IN THE FLORIDA LEAGUE OF: CITIES FIRST MUNICIPAL LOAN COUNCIL'S _CAPITAL FINANCING ASSISTANCE` PROGRAM. P -- -- - - - --- - - -----------------` Mayor Suarez: - Item 17, Florida League of 'Cities, first municipal ;loan 3 .council's capital < finance assistance program. Mr. Manager, is this recommended? Mr. Garcia, is this needed? r rnmmiscinnor'nawieinc? Mnva it_ '' ®r`� Mr. Carlos Garcia: Commissioner Plummer. Commissioner Dawkins: J.L. Plummer. Mayor Suarez: Is it still Vice Mayor? Mr. Garcia: Vice Mayor Plummer. Mayor Suarez: Who is the City representative to the South Florida Regional Planning Council? We don't have one, do we? They gave it to a small city? Mr. Garcia: I don't know. Mayor Suarez: OK, we lost out. Sergio, we don't have a Commission representative in South Florida Region Planning Council? Are we anticipating having one? I can think of some new Commissioners up here who would make interesting members of the South Florida Regional Planning Council. We lost that -what? A couple of years ago when they gave it to a small city? Mr. Sergio Rodriguez: Right, because I believe we didn't participate that much for a while, and I believe then they gave it one of the smaller cities. Mayor Suarez: Please check back with us... Mr. Rodriguez: I will. Mayor Suarez: ...we should fight for that again. The City of Miami has to be represented. I get all those notices, and I know you attend, but no voting power. All right, call the roll on the motion. Do we have a second on it? Commissioner Alonso: Second. Mayor Suarez: Thank you. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-725 A RESOLUTION APPROVING THE PARTICIPATION BY THE CITY OF MIAMI IN THE FLORIDA LEAGUE OF CITIES FIRST MUNICIPAL LOAN COUNCIL'S CAPITAL FINANCING ASSISTANCE PROGRAM. (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: 181 October 3, 1991 t r , AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 26. ACCEPT BIDS: (a) BALADO NATIONAL TIRES, (b) FEDAN TIRE COMPANY, (c) MARTINO TIRE COMPANY, (d) MIAMI TIRESOLES, INC., (e) PALMETTO KAWASAKI, (f) GOODYEAR TIRE, (g) LYNN STRICKLAND, AND (h) SOUTHWEST CYCLE CO. - FOR FURNISHING VEHICLE TIRES AND TUBES (See label 5B). Mayor Suarez: Item 18. Thank you. Commissioner Alonso: This is one of those. Mr. Odio: And I know Commissioner Dawkins has a problem in that we need to find a black owned company that sells these tires. I asked Ron Williams one more time, and you want to say it on the record that we tried to find that company. What is the name of it? Mr. Ron Williams: We certainly did, Mr. Mayor. We went out and canvassed that as the Commissioner suggested, and talked directly to individuals that we had submitted or sent bids to, and asked them why didn't they respond? And I've got a whole list of those reasons. We've gone out and encouraged them... Mayor Suarez: Typically what were the reasons? There are companies, obviously, right? Mr. Ron Williams: Well, the companies that we found essentially were not prepared to bid, and a couple had gone out of business, and a couple were beginning to... Mayor Suarez: Have you told the Miami -Dade Chamber of this situation? We don't have any black bidders for these kind of contracts. They're lucrative, and... Mr. Williams: We have coordinated with the Chamber, we've coordinated with the school board, we've coordinated with Dade County. And it's just very difficult to find vendors to provide, really respond, to our request in these matters, Mr. Mayor. Commissioner Alonso: Something will have to be done. Something is wrong with the system. Something is wrong with us, when we cannot find local vendors. Mr. Williams: We have local vendors, Commissioner. 182 October 3, 1991 t Commissioner Alonso: And I also wonder how in the world, when we don't have in the City of Miami companies that sell tires. Now in the world do we have so many discarded all around the City of Miami? This is amazingi Mr. Williams: Well, we tend to think that they're coming from other areas, Commissioner Alonso. But 30 percent of the... Commissioner Alonso: Well, we'd better do something about that. After all, the 1.2 million that we didn't get any part of it, and the state has been given to Miami. We'd better get our portion of it. Mr. Williams: You made us aware of that, and we certainly are working very vigorously. But 30 percent... Mayor Suarez: If I call... Commissioner Alonso: Yes. Mayor Suarez: Ron, if I call Dorothy Baker tomorrow, first thing in the morning, before you get a chance to call her, will she know about this situation? -from the Miami Dade Chamber? Mr. Williams: Who, Mr. Mayor, I'm not certain. Mayor Suarez: Do they know? Mr. Williams: I don't know the answer to that. Mayor Suarez: Does the Miami -Dade Chamber know of this situation? Mr. Williams: Well, certainly Miami Chamber is involved with all of the coordinated efforts to bring minorities into the governmental purchasing programs, not just in the City of Miami, but throughout. Mayor Suarez: You're sounding more and more like a lawyer everyday. Mr. Williams: Well, Mr. Mayor, I really need to... Mayor Suarez: I'm just asking a simple question. Does the Miami -Dade Chamber know? You referred to the Chamber. I didn't refer to the Chamber, I referred to the Miami -Dade Chamber, one Chamber specifically, wondering if they know about it. Because if they did, I would think that they would create some corporations very quickly to join up with some others that may have the economies of scale to participate in these bids and have black ownership. Mr. Williams: Mr. Mayor, I would believe that that, because of their activities, they would be aware. I definitely wouldn't say that they actually know, because I have not asked the person. Mayor Suarez: OK. That's the involvement and the activism that we need from _ our staff that is paid to do all of this. Otherwise, let us know, we'll do it. We'll call them. 183 October 3, 1991 Mr. Williams: OK. In response to Commissioner Alonso's question, 30 percent of this recommendation, Commissioner, is going to a local Miami vendor. Commissioner Dawkins: Mr. Williams... Mayor Suarez: Commissioner Dawkins. Commissioner Alonso: It's better than nothing. Commissioner Dawkins: There is a tire company on 17th Avenue and 50th Street called Mincey's. And they have branches all over Dade County. They have one farther up on 17th Avenue and about 68th Street. Did you contact them to see why they did not bid? Mr. Williams: Yes. Commissioner Dawkins: What reason did they give? Ms. Judy Carter: I'm quite familiar with Mincey tires, Commissioner Dawkins. I've used them myself personally. Commissioner Dawkins: What reasons did they give for not bidding? Ms. Carter: They do not provide those types of tires that we are in need of. These tires are utilized... Commissioner Dawkins: Well, what kind do they have? Why can't... I mean, the tires that they have are not ones that you could have substituted and it would serve the same purpose as the ones that you're requesting? Ms. Carter: No, sir. Commissioner Dawkins: Why not? Ms. Carter: These tires are utilized some of which are for the Police Department. They're police pursuit vehicles. We do not use low grade tires for these type of vehicles. Commissioner Dawkins: All right. Are some of these tires used on garbage trucks which have 6 and 8 wheels? -that you might could have... Ms. Carter: Yes, but if I'm not mistaken, Mincey... Commissioner Dawkins: OK, are some of these tires used on pickup trucks that just run around and pick up garbage? Ms. Carter: Mincey does not sell truck tires. Commissioner Dawkins: You see, I can understand your telling me that you need a A #1 Goodyear or Eagle on a police pursuit vehicle, on an emergency fire rescue squad or a fire wagon. But I cannot accept your rationale that a first class tire is needed on every vehicle that we have. 184 October 3, 1991 Mr. Williams: Commissioner, the point is, this particular company does not sell the type of tire that we use. I mean, to my understanding, they don't even sell truck tires. Certainly, if they change their product line, if they add items, certainly we will get them to respond. Mr. Odio: Can we do something, Commissioner? Commissioner Dawkins: I'll tell you what I'm going to do. I'm not going to vote on no more tires you bring in here unless there's some minorities involvement. Me, that's my vote. Mr. Odio: Commissioner, let me suggest something. Commissioner Dawkins: I don't care if every vehicle we got be parked with a flat tire. Mr. Odio: Commissioner, let's do... Commissioner Dawkins: And that's you and the Manager's responsibility. Mr. Odio: Can we do something? Commissioner Dawkins: Yes, sir, Mr. Manager. Mr. Odio: The total contract here is for two hundred and ninety thousand, five eighty-six, ninety-six ($290,586.96). Commissioner Dawkins: Yes, sir. Mr. Odio: And I reduced that contract by $40,000 set aside until we can find a contract. Commissioner Dawkins: No, no, Mr. Manager. See, you and I would be put in a position we don't need to be in. See, if something happens... Vice Mayor Plummer: Half of this contract is going to minorities. Commissioner Dawkins: ...then those going to say that the Manager and Miller Dawkins are responsible, because they didn't buy the tires. We aren't going to give them that opportunity. Go ahead. We will go with this, and then you make sure that the next one has what you want in. Vice Mayor Plummer: Half of them are minorities, the way that I add it up. Mayor Suarez: Ron, schedule a meeting or Judy, with the Miami -Dade Chamber and I'll go with you, Commissioner Dawkins possibly, and let's go ahead and present all this panorama with all the statistics that we've seen, and see what they come up with. Vice Mayor Plummer: Miller, the way I add it up, half of this is going to minorities. Not necessarily black. Commissioner Dawkins: Ain't no black though. 185 October 3, 1991 Mr. Williams: We will do that, Mr. Mayor. Mayor Suarez: I don't think there's anything illegal about that, us being that proactive instead of just reactive. All right. Vice Mayor Plummer: Yes, they're all Hispanic. Mayor Suarez: We have a motion and a second. Any discussion? If not, please call the roll. Vice Mayor Plummer: What's the motion? Mayor Suarez: To approve item 18. Ms. Hirai: We need a motion, Mr. Mayor. Mayor Suarez: Please. Moved by Commissioner Alonso. Commissioner Aionso: No, no, no. Not at all. I'm going to vote no. Mayor Suarez: Somebody move the item, please. Vice Mayor Plummer: Hey, you know, we got to move it. Mayor Suarez: Thank you. Commissioner Aionso: Just go ahead. Mayor Suarez: That's close enough. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: That's all right, no tires, no truckee. Mayor Suarez: Seconded by Commission De Yurre. Commissioner De Yurre: Second. Mayor Suarez: Thank you. Call the roll. 186 October 3, 1991 RESOLUTION NO. 91-726 A RESOLUTION ACCEPTING THE BIDS OF : BALADO NATIONAL TIRES IN THE AMOUNT OF $86,425.70; FEDAN TIRE COMPANY IN THE AMOUNT OF $10,601.00; MARTINO TIRE COMPANY IN THE AMOUNT OF $92,836.35; MIAMI TIRESOLES, INC., IN THE AMOUNT OF $2,053.20; PALMETTO KAWASAKI IN THE AMOUNT OF $8,776.00; GOODYEAR TIRE IN THE AMOUNT OF $36,084.31; LYNN STRICKLAND IN THE AMOUNT OF $50,519.90; AND SOUTHWEST CYCLE CO. IN THE AMOUNT OF $3,290.50 FOR A TOTAL AMOUNT OF $290,586.96 FOR FURNISHING VEHICLE TIRES AND TUBES; ALLOCATING FUNDS THEREFOR FROM THE FY '91-92 GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/FLEET MANAGEMENT DIVISION, ACCOUNT CODE NO. 420901-721 ($215,198.42) AND THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT FY 190-91 ACCOUNT CODE NO. 280701-721 ($38,847.00) AND FY 191-92 ($40,541.54); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES AND THEREAFTER TO EXTEND THESE CONTRACTS FOR AN ADDITIONAL ONE YEAR PERIOD AT THE SAME PRICE AND UPON THE SAME TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: No, for the reasons I've been stating in the several Commission meetings and all of this morning. I vote no. 187 October 3, 1991 ,Lakb# t, —------- —-----.,---...----..-----..-----------------...-------......---- 27. (A) ACCEPT BID: MAROONE CHEVROLET, INC. - FOR FURNISHING 100 POLICE PURSUIT AND PATROL VEHICLES. (8) BRIEF DISCUSSION CONCERNING ACTUAL NUMBER OF CONTRACTS BEING AWARDED TO MINORITIES. i— 1 ------------------------------------------------------------------------------ i Mayor Suarez: Item 19. Maroone Chevrolet bid, 100 police pursuit patrol vehicles. Mr. Odio: That's another... Vice Mayor Plummer: Move it. Mayor Suarez: I'll entertain a motion, moved. Mr. Manuel Gonzalez-Goenaga: May I be recognized? Mayor Suarez: Wait, sir, wait. Do we have a second on the item? Do we have a second on the item? -going twice. Vice Mayor Plummer: I withdraw my motion. Mayor Suarez: No, no, I'll second. Commissioner Dawkins: The Mayor seconded. Any further... Mayor Suarez: I think Mr. Gonzalez-Goenaga wants to be heard. Commissioner Dawkins: Any discussion? All right, now we will hear from you, sir. Mr. Manuel Gonzalez-Goenaga: Citizens of Miami, and distinguished Commissioners. I was two month ago in the meeting where we approved the purchase of brand new Caprice Classic Chevrolets. Then later on, a lot of other things, now we come on item 19 and item 20 with another, a hundred police cars. And then another for one and -a -half million dollars a year, and $550 on item 20. When I heard the Chief of Police saying that we needed more of EL CARRITO DE SAN FERNANDO - UN RATICO A PIE Y OTRO ANDANDO, and a lot of bicycles to be more direct to with the community. I would like the justification for in addition to what we gave - not you, the citizens - gave to the Police Department and then I asked how many cars have been damaged? And I got an answer, one-third of the brand new 1990 Caprice Classics. Mayor Suarez: All right, wrap up your remarks, please. I'm acting here on behalf of... Mr. Gonzalez-Goenaga: My remarks is that let's use the streets as the Chief of Police asked. A little more of EL CARRITO DE SAN FERNANDO, and bicycles. And let's stay and save money for the bad times, because I do not believe one thing of this budget. This is an exercise in futility, and I am advising you people that the day of reckoning will come sooner or later. Because every Thursday is Four Kings Day. And well, I have to exclude Mrs. Alonso. 188 October 3, 1991 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-727 A RESOLUTION ACCEPTING THE BID OF MAROONE CHEVROLET, INC., FOR FURNISHING 100 POLICE PURSUIT AND PATROL VEHICLES TO THE GENERAL SERVICES ADMINISTRATION AND SOLID WASTE DEPARTMENT FOR A TOTAL PROPOSED COST OF $1,468,405.00; SAID VEHICLES TO BE ACQUIRED THROUGH A 36-MONTH LEASE PURCHASE PLAN OFFERED BY THE MANUFACTURER OR BY ANOTHER FINANCIAL INSTITUTION; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE OPERATING BUDGET, ACCOUNT CODE NO. 420901-880; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso ABSENT: None. Vice Mayor Plummer: Well, wait, did I understand that as a three to two vote? Commissioner Dawkins: It is. Commissioner Alonso: Yes. Vice Mayor Plummer: Then may I ask my colleagues who voted negatively - I know why Commissioner Alonso voted because she's been consistent all day. Commissioner Dawkins: OK. I have been inconsistent all... OK, let me put it on the record. I've been inconsistent all day, I appreciate that from you, but no problem. J.L., you know ever since I've been here my biggest complaint is that we buy millions of dollars worth of vehicles and there's no black auto dealer who benefits from this. I've asked the department to go out and they 189 October 3, 1991 9 t n i :ii S have found one gentleman who is an owner of an automobile dealership, but he cannot bid against what is the common procedure that a guy somewhere buys off of the state contract, and, therefore, he cannot provide the vehicles at the same price. Vice Mayor Plummer: That's not the point. Commissioner Dawkins: I feel that if enough automobiles are not purchased, eventually the department would have to make some arrangements to see that a black either become a broker or be in partnerships with a dealer, and we would get some of this money going to an owner of a automobile franchise. Vice Mayor Plummer: Is there a black automobile dealer around? Mr. Williams: Not to my knowledge, no, sir. Commissioner Dawkins: There is one in Ft. Lauderdale by Mr. Armstrong. He was the one who was supposed to get the rental car agency at the airport and he didn't get it. He does have a.... Vice Mayor Plummer: West Miami? Commissioner Dawkins: You see, this is what we keep saying up here. Now they tell me they didn't buy from one, so I assumed that they didn't seek... sought one, and he didn't comply. Now they're telling me that there isn't one when I know there is one. Vice Mayor Plummer: Well, you know, we're going through this all day long. I think for the sake of the City, we've got to establish some kind of very clear lines that if we're not going to accept anything but X, Y, or Z, that we don't make all the rest of these people go through tt,e process of bidding when, in fact, they don't stand a chance to bid. Now, I think that we're, you know, I am behind minority involvement. But we have so many people that come and say, why did I bid? I think, Mr. Mayor, we have got to come to some established policy of this Commission. If, in fact, we are only going to buy automobiles from minorities and nobody but minorities, I thirk we need to say that. Mayor Suarez: You know, I think you're overstating the case. Commissioner Dawkins: No, I don't think, I know he is. Mayor Suarez: Because, in fact, they've almost all of them have been going to nonminorities. Commissioner Alonso: That's right. Mayor Suarez: The fact that we're slowly getting to the point that we're going to lose a majority of this Commission to approve those, hopefully, will be a message to the administration to be a little bit more proactive, and to the world at large. Ultimately, maybe we'll all conclude that they just arent' there, folks. And that the economic system does not really give them a fair chance. And I don't know what we're going to do at that point. Commissioner Dawkins: And if - I'm sorry. 190 October 3, 1991 Mayor Suarez: But we, you know, we've continuously approved all of these bidders who are, in fact, the low bidders, and they're nonminority and the trend has not been affected too much, at least in the figures that Commissioner Alonso gave you earlier today. We have to do something about it, and that's what we're expressing. Now, you're right that if we don't approve these, we don't function as a city, and also we're being unfair to the nonminorities who are applying. But so far, we've been approving them and... Vice Mayor Plummer: But, Mr. Mayor, what I'm saying to you is... Mayor Suarez: I just thought you were overstating it, I mean, when you said that these people are thinking that they're going to be approved and they're not. They are being approved. In fact, overwhelmingly so. Vice Mayor Plummer: What I'm saying to you is, is why the purchasing department does what this Commission tells them. Now, are we going to te11 them that we will only accept bids from minorities? Mayor Suarez: No, we're going to question... Vice Mayor Plummer: But then when they... Commissioner Dawkins: You know, why should we tell them that, J.L.? Vice Mayor Plummer: Because why go out with a bidding procedure if you're limiting it? Commissioner Dawkins: Who said it was limited? Mayor Suarez: The nonminorities are winning most of the bids. Commissioner Dawkins: Wait a minute, hold on, Mr. Mayor, who said it was limited? Vice Mayor Plummer: Well, your vote today on this particular item did tell them that. Commissioner Dawkins: Tell them what? Vice Mayor Plummer: That you wanted a black or a minority to have the order. Commissioner Dawkins: OK, Mr. Williams, when you bought the last cars, what was my instructions to you, sir? -at the last cars what we bought? Mr. Williams: To attempt to find a minority vendors... Commissioner Dawkins: And what was my instructions to you on the cars before that, Mr. Williams? Mr. Williams: That continues to be your instructions, Commissioner Dawkins. Commissioner Dawkins: And before that, what did I tell you, sir? 191 October 3, 1991 Yi t; Vice Mayor Plummer: Did you follow those instructions, Mr. Williams? Mr. Williams: We attempted to do so. Commissioner Dawkins: See, no, see, J.L., let me finish. Vice Mayor Plummer: I'm sorry. Commissioner Dawkins: You see, you won't wait till I finish before you start cutting in. OK? Vice Mayor Plummer: I apologize, sir. Mayor Suarez: And you don't wait till he finishes either, so the two of you have been going at it all day. And we've got a lot of other items, so please. Vice Mayor Plummer: Don't tell him that, it will make his feelings hurt. Mayor Suarez: All right, come on. Finish your line of inquiry, Commissioner. We've got a few items, please. Commissioner Dawkins. Commissioner Dawkins: You can't tell... I mean, you can tell me, but I won't accept it as a fact, that Mr. Williams and I, at the directions of this Commission, could not go out there in the community, find an individual, go to Tallahassee with that individual and determine what the state bid is. And get this individuals certified to buy cars off of the state bid where this individual would be competitive and this individual could provide the City of Miami with the vehicles as a broker. You can't tell me that. You can't tell me we couldn't have done that in five years. Commissioner Alonso: Yes, and I remind this Commission again, nonminority vendors, 87 percent. Three percent... (ELECTRONIC TAPE MALFUNCTION.) ...nonminority vendors. Commissioner Dawkins: And J.L. Plummer said they was locked out. God bless them. Vice Mayor Plummer: I'm not saying they're locked out. I'm saying, establish a policy that's understood. Commissioner Alonso: I don't like it a bit. Mayor Suarez: All right, did we complete the roll call? Ms. Hirai: Yes, sir. Mayor Suarez: Thank you. f 192 October 3, 1991 a -i-----------r---1--------------------------------------------- 28. RATIFY MANAGER'S ACTION IN EXTENDING BID NO. 88-89-159 WITH INTERAMERICAN CAR RENTAL, INC. - FOR PROVISION OF RENTAL VEHICLES. ------------------------------------------------------------------------------ Mayor Suarez: Item 20. Vice Mayor Plummer: Mr. Williams... Mayor Suarez: This is a Miami vendor. That's one good thing. Vice Mayor Plummer: Mr. Williams, I don't have any backup on this. Commissioner Alonso: May I ask some questions please? Vice Mayor Plummer: All I'd like is while you're asking your questions, if they bring me the backup material. Commissioner Alonso: OK. Do we have the power to give this extension - and I ask Mr. Quinn - without a bid as per recommendation of the City Manager? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Commissioner Alonso: Yes, we are giving an extension of the agreement. Can this legally be done, and we are not really violating any laws? A. Quinn Jones, III, Esq.: OK, I think that - and Ron, correct me if I'm wrong - I think the previous bid had a renewal provision in it, if I'm not mistaken. Commissioner Alonso: I don't think I have that in my... Mr. Jones: That's correct, yes. The previous bid, when this bid was awarded before, it had a provision in there that they could exercise an option to renew it under the same terms and conditions. Commissioner Alonso: May I have a copy of that? -so I can see. Mr. Jones: I don't have it. I don't think I do. Commissioner Alonso: So we are doing it on the basis that it was part of original agreement. Mr. Jones: Yes. The reason... Commissioner Alonso: If it were not... Mr. Jones: Then it wouldn't be proper to extend it. Commissioner Alonso: OK, I'd like to have a copy of that agreement if I may, please. 193 October 3, 1991 . i Lt. Joseph Longueira: I'll get you one. Mayor Suarez: Do you want to table the item, or do you want to vote on it? Mr. Odio: This was part of the original agreement. Commissioner Alonso: No, I'm going to trust that they are telling me the truth. Mr. Odio: It was part of the original agreement that I could extend it. What happened, we were here today to place monies in the account so they can pay for it out of the Law Enforcement Trust Account. ' Mayor Suarez: Do we have a motion on the table? Can we... Vice Mayor Plummer: It wasn't a bid. It isn't a bid, that's why it's not here. It's an extension of a bid. f a Commissioner Alonso: OK, fine. Mayor Suarez: All right. Commissioner Alonso moves it. Commissioner Alonso: Yes, it satisfies me. Yes, I so move. Mayor Suarez: Vice Mayor Plummer seconds. Vice Mayor Plummer: What item? Mayor Suarez: Twenty. Vice Mayor Plummer: Well, I still want to know, you know, if you go back to this, where is this money coming from? Mr. Odio: Law Enforcement... Vice Mayor Plummer: Trust Funds. Mr. Odio: Yes, sir. Commissioner Alonso: Lots of it. Vice Mayor Plummer: OK. And you're telling me that you don't think that under today's economic conditions, that you could have gone out and got a better price. Mr. Odio: On the contrary, the prices have gone up, Commissioner. Because of the vehicles, if you look at the cost of the new vehicles have gone up substantially. So we have a good deal just keeping the same price. Vice Mayor Plummer: How many cars does this entail? Mr. Odio: They change them everyday, but it's seventy. Vice Mayor Plummer: Seventy? 194 October 3, 1991 z i Mr. Odio: Seven, oh. Vice Mayor Plummer: Seven, oh cars. Commissioner Alonso: Now many cars do we have in the Police Department? Mr. Jones: The other thing, Mr. Vice Mayor, this is just recollection... } Commissioner Alonso: I'm afraid to ask. Mr. Jones: ...this is the only rental company really in the area that is really willing to rent these type of cars for surveillance work. None of the other companies want them. Vice Mayor Plummer: OK, I'm going to ask my question I ask every year, and I think it's crazy. What happens to the cars that we confiscate? We confiscate, from my understanding, beaucoup amount of cars in sting operations. Lt. Longueira: Commissioner, we use some of the cars when it's possible. Most of the cars go back to the owners. We don't actually confiscate.... Vice Mayor Plummer: Why? Why do they go back to the owners? Mr. Odio: Because we lose. Let me explain, Commissioner. When we detain - somebody for, let's say they're buying coke, we get their car into possession. Sometimes they owe so much money to the banks, the car goes to the bank. There are many ways that go through this process that we don't keep the cars. Vice Mayor Plummer: No, no, are you telling me that if you confiscate a car in a sting operation... Mr. Odio: We cannot use it right away, no. We have to wait a long time. Vice Mayor Plummer: OK. That you go through the process, but the car is ours. Mr. Odio: No, it isn't. Vice Mayor Plummer: Why? Mr. Odio: Because let's say he owes money to the bank. Vice Mayor Plummer: No, no, no, he owes the money to the bank regardless of who's got the car. Mr. Odio: I have seen cases, in particular one case that I was interested in... Mayor Suarez: The bank has title. If he owes money to the bank in the State of Florida, typically the bank holds the title. What we have is a car. Mr. Jones: They'd be innocent lien holder in that type of instance. 195 October 3, 1991 A Vice Mayor Plummer: So then we're a fool to confiscate cars. Mr. Odio: No, we're not, because we keep some. And it's the law that they lose it. It is the law that whoever is buying coke loses the possession of the vehicle at that moment. Mayor Suarez: A lot of drug dealers don't finance their cars in banks, so they own the cars. When we take it away, it's ours. Lt. Longueira: Commissioners, a lot of negotiated settlements on the disposition of the car. And that's where we get a lot of the monies. Right, Mr. Attorney? Mr. Jones: Yes, that's correct. Commissioner Alonso: I have recollection of one bank that had a mortgage, a very large mortgage on a property, and the bank lost and the government took possession of the property and the bank was the one losing the money. Vice Mayor Plummer: Well, there's a reason for that... Mr. Jones: Right. Vice Mayor Plummer: You're the one in Coral Gables? That was proven by the government that they knew. Commissioner Alonso: I don't recall all the.... but it was a big, big issue. Do you recall? Mr. Jones: Yes.... Vice Mayor Plummer: OK, if they were able... the government was able to prove that the bank knew at the time that it was drug money. Mr. Jones: Yes, that's the reason why. Vice Mayor Plummer: That was the reason they were out almost six million dollars. Commissioner Alonso: I see. Mayor Suarez: All right, on item twenty. I understand Vice Mayor Plummer's remarks on drug dealing and automobiles being confiscated to be a second of this motion by Commissioner Alonso. Commissioner Alonso: I guess so. Mayor Suarez: Yes? Any further discussion? If not, please call the roll. 196 October 3, 1991 RESOLUTION NO. 91-728 A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S EXTENSION OF BID NO. 88-89-159, WITH INTERAMERICAN CAR RENTAL, INC., PROVIDING FOR THE PROVISION OF RENTAL VEHICLES, UNDER THE SAME TERMS AND CONDITIONS AS AUTHORIZED BY RESOLUTION NO. 89-1056, ADOPTED NOVEMBER 30, 1989, AT A COST OF $536,640; FURTHER AUTHORIZING THE EXPENDITURE OF SAID FUNDS FROM THE LAW ENFORCEMENT TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. 29. DISCUSS AND TEMPORARILY TABLE APPOINTMENT OF INDIVIDUALS TO SERVE AS MEMBERS OF THE OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (See label 31). Mayor Suarez: Item 21, serve as members of the City of Miami Office of Professional Compliance Advisory Panel. Any appointments specifically allotted to Commissioners? Commissioner Alonso: Yes. Commissioner De Yurre has one. Vice Mayor Plummer: I have one appointment of Tim Barkett. And it says here on mine from my staff that I have a second one. I don't know why. Is there two per Commissioner? Mayor Suarez: Yes, there's two per Commissioner. Vice Mayor Plummer: My other one is Jack Blankenship. Mayor Suarez: All right. As to those two, moved. Commissioner Alonso: Do I have two? I don't think so. 197 October 3, 1991 Ll Mayor Suarez: You may have one that continues to serve. Vice Mayor Plummer: Maybe they were staggered. Commissioner Alonso: I think it was my understanding that it Suarez and De Yurre, the vacant. Mayor Suarez: Does anybody have the rundown on this? Hello? City staff, please, someone. Commissioner Alonso: Is that right? I believe it's De Yurre has a vacant. Suarez resigned. Vice Mayor Plummer: Oh, wait a minute, I'm sorry, I'm sorry. I stand corrected, Mr. Mayor. Commissioner Alonso: I don't have one. I'm sure I don't. Vice Mayor Plummer: My appointments are good until December of 191. Mayor Suarez: Yours are still in. Commissioner De Yurre's and mine are two resignations. Commissioner Alonso: Yes. Mayor Suarez: I'm going to withhold mine until the meeting of October 24th. Commissioner De Yurre: Likewise. Mayor Suarez: OK item... so there's realty no action on item 21. 30. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE AFFIRMATIVE ACTION ADVISORY BOARD (Appointed was: Joseph Anthony Rios - two appointments are still pending). ------------------------------------------------------------------------------ Mayor Suarez: Item 22. Commissioner Alonso: Yes, I have one appointment. Mr. Manuel Gonzalez-Goenaga: May I be recognized on item 21? Mayor Suarez: No, sir, no, sir. There's no action on it. Mr. Gonzalez-Goenaga: It is your privilege. Mayor Suarez: There's no public input on it. Item 22. Commissioner Alonso: Yes, 1 have one appointment, Joseph Anthony Rios. 198 October 3, 1991 Mayor Suarez: So moved. We have one who resigned, who was Plummer's. Commissioner Alonso: And Commissioner Plummer has also one appointment. j Vice Mayor Plummer: No, I don't.... Commissioner Alonso: One appointment, yes. Mayor Suarez: Richard Nussel, N-U-S-S-E-Le Commissioner Alonso: Oh, yes. Mayor Suarez: Resigned. Commissioner Alonso: Um hum, yes. The person resigned. Vice Mayor Plummer: Robert Grill is my appointment, but is he... Dr. Hattie Daniels: Commissioner Plummer, you had two appointments. which resigned. Mayor Suarez: Nussel? Ms. Daniels: Nussel, yes. Mayor Suarez: Nussel. Ms. Daniels: Richard Nussel. Vice Mayor Plummer: I'll have it for the next meeting. Mayor Suarez: All right, and John Bennett for Commissioner Dawkins. Ms. Daniels: That was Commissioner Dawkins. One of Mayor Suarez: All right, we'll entertain the motion as to Commissioner Alonso's... Vice Mayor Plummer: For the record, as I look at this slate, I see that the Mayor appointed one of my opponents in the upcoming election. j Mayor Suarez: Could you give me the whole roster of his opponents, so I can appoint the others. j Vice Mayor Plummer: Would you like to name my other opponent as your appointee? Make it unanimous. Mayor Suarez: The appointment was made prior to his filing. Vice Mayor Plummer: Thank you, Mr. Mayor. I want you to know how much I i appreciate that. r Mayor Suarez: On the motion by Commissioner Alonso, call the roll, please. 199 October 3, 1991 t Commissioner Alonso: Oh, my. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-729 A RESOLUTION APPOINTING THREE INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD. (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. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins 31. (Continued Discussion) APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (Appointed was: Dr. Rudolph Moise - one appointment is still pending) (See label 29). Mayor Suarez: And on item 21, if I may go back to that, and move for my appointment Dr. Rudy Moise, M-O-I-S-E. Vice Mayor Plummer: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Mr. Manuel Gonzalez-Goenaga: Your honor, could I be recognized now? Because you... Mayor Suarez: I guess in view of my prior ruling that we were not acting on that, now I open the door to your comment. Ail right, sir go ahead. k Mr. Gonzalez-Goenaga: I don't have any objections to this figure of your cosmetic appointments. What I do have objection because I have been through it personally myself, that the Office of Professional Compliance and the Office of Internal Affairs leaves a lot to be desired. In my own particular { case, which I am willing to make, and I think I have made it public, they did not address... 200 October 3, 1991 ++' ,u ws, r d ��'72h"x`x�na�"^:,�`�aar�»ss,• .; A - Mayor Suarez: All right, sir, sirl You're out of order... Mr. Gonzalez-Goenaga: OK. Mayor Suarez: ...because the item is only as to appointments. We will take up, at some other time, the powers of the OPC board and you may address that. In the meantime, you may want to meet with my appointee and give him some of your input, Dr. Moise. I think you will find him very responsive to some of your concerns. Did we call the roll on that? Please do. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 91-730 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL FOR TERMS OF OFFICE AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. 32. REAPPOINT AN INDIVIDUAL AS MEMBER OF THE HEALTH FACILITIES AUTHORITY (Reappointed was Bruno Barreiro, Jr. - one appointment is still pending) (See label 35). ------------------------------------------------------------------------------ Mayor Suarez: Item 23, Health Facilities Authority Board. We have a Commissioner Dawkins appointment, and a Commissioner Alonso appointment. Commissioner Alonso: Yes, I'd like to reappoint Bruno Barreiro, Jr. Mayor Suarez: So moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Call the roll, please. 201 October 3, 1991 Vice Mayor Plummer: Yes. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-731 A MOTION APPOINTING BRUNO BARREIRO TO SERVE AS A MEMBER ON THE HEALTH FACILITIES AUTHORITY. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. ------------------------------------------------------------------------------ 33. APPOINT / CONFIRM INDIVIDUALS TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD (Appointed was: Bob Valledor; confirmed were: Robert Grill, Adrian Ferradaz, Kishor Parekh and Earl Wiggins). -------------------------------------------------------------------- _-------- Mayor Suarez: On item 24, the one appointment that needs to be... that's a vacancy and needs to filled is Commissioner De Yurre's. The rest all seek to be reappointed. We can take them altogether. It's Bob Grill for myself, Adrian Ferradaz by Alonso, Kishor Parekh by Dawkins, and Earl Wiggins by Plummer. Vice Mayor Plummer: Wait a minute, Mr. Mayor. Mayor Suarez: Yes? Vice Mayor Plummer: I would have to, for your sake, ask the City Attorney, Mr. Grill is my appointment to the Affirmative Action Advisory... Mayor Suarez: There's no conflict. Commissioner Alonso: There is no conflict. Mayor Suarez: No conflict on those two. Commissioner Alonso: No. Vice Mayor Plummer: There's no conflict? 202 October 3, 1991 A. Quinn Jones, M , Esq.: No, there isn't, Vice Mayor. Vice Mayor Plummer: OK. All right. Mayor Suarez: OK, on... do you have an appointment, Commissioner De Yurre? Commissioner De Yurre: Yes, I'm going to appoint Bob Valledor. Bob Valledor, Coral Gate... Mayor Suarez: Bob Valledor on the Nuisance Abatement Board, and along with the other four reappointments. Is that OK, Commissioner Dawkins, as to yours? -who is Kishor Perekh. Commissioner Dawkins: Yes. Mayor Suarez: All right, call... do we have a motion? Commissioner De Yurre moves it. Commissioner De Yurre: Second. Vice Mayor Plummer: Second. Commissioner De Yurre: I'll move it and I'll second it. Mayor Suarez: Vice Mayor Plummer seconds. Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 91-732 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item... 203 October 3, 1991 MIA e Vice Mayor Plummer: Now that we have a full board, Mr. Mayor, can I ask when is the first meeting of that full board? Mayor Suarez: OK... Vice Mayor Plummer: People are out waiting for that board to be constituted. Commissioner De Yurre: It's happening? Mayor Suarez: OK, please let us know before the end of the Commission meeting when we can expect the board to meet, and let's go ahead and announce it and then we can start trying to get the board to make those meetings and make it effective. ------------------------------------------------------------------------------ 34. APPOINT / REAPPOINT INDIVIDUALS TO SERVE ON THE WATERFRONT ADVISORY BOARD (Reappointed were: Capt. Bob Lewis [from alternate to regular] and James Wellington [from regular to alternate] - one appointment is still pending). ------------------------------------------------------------------------------ Mayor Suarez: Waterfront Advisory Board, item 25. We have James Wellington expired, Commissioner Plummer's. I presume you're probably going to reappoint him. Commissioner Alonso: I have one appointment. Vice Mayor Plummer: Mr. Mayor, my appointment there is... Mayor Suarez: Jim Wellington. Vice Mayor Plummer: ...not necessarily what I want to do personally, but except that I would like to see Mr. Bob Lewis... Commissioner Alonso: I was going to appoint him. Mayor Suarez: Good, good. Vice Mayor Plummer: Oh, that's fine. OK. As a full-time member, and then I'11... Mayor Suarez: To substitute Dova we've got... Commissioner Dawkins: Wait a minute, wait a minute. Mayor Suarez: That's Commissioner Alonso's... Commissioner Alonso: What's going on? Commissioner Dawkins: Wait a minute, wait a minute.... 204 October 3, 1991 i Mayor Suarez: We even have an at -large appointment too which could be also filled by Bob Lewis. So he apparently has the at -large possibilities. He's got Commissioner Alonso's appointment, he used to be Commissioner Range. Vice Mayor Plummer: All right, then what I will do... Commissioner Dawkins: OK, so... wait a minute.... Vice Mayor Plummer: If that's the case, I will then make Mr. Wellington, who has been my appointment, as a permanent, as the alternate. Commissioner Dawkins: Wait now. Mayor Suarez: OK. Commissioner Dawkins: You got me lost... How many appointments are here? - three? Mr. Albert Ruder: Yes, but you appointed one at the last meeting that indicated she has no time to serve on the board, so you have to make an appointment also. Mayor Suarez: Who is that? Mr. Ruder: Ersla Wells was Commissioner Dawkins' appointment at the last meeting. Mayor Suarez: OK, so we've got another one pending there. Mr. Ruder: We've got one for Commissioner Plummer, one for Commissioner Alonso, and now for Commissioner Dawkins. And the alternate already was Wellington that Commissioner Plummer just appointed. So we have four in total. Three regular, and one alternate. Mayor Suarez: OK, how many do we have that need to be filled? -whether they're regular or alternates is not my main concern, sir. How many do we need to fill, and who was supposed to appoint them? Commissioner Alonso: Commissioner Dawkins has to make an appointment, I think. Mr. Ruder: We have four. Mayor Suarez: I know that Dawkins has one, obviously. Mr. Ruder: Right. Commissioner Alonso has one, Commissioner Plummer has... Mayor Suarez: She's suggesting Bob Lewis. Mr. Ruder: OK. Mayor Suarez: He's suggesting that Wellington be reappointed. Vice Mayor Plummer: No, sir, as the alternate. 205 October 3, 1991 Mayor Suarez: As the alternate. Vice Mayor Plummer: Yes, sir. Mr. Ruder: So he still has a regular one. Commissioner Plummer still has a regular one. Mayor Suarez: All right. Vice Mayor Plummer: In other words, I have an alternate, and a regular? Mr. Ruder: Well, the alternate is the Commission at -large. Vice Mayor Plummer: Oh. Mayor Suarez: Sounds like Mr. Wellington would be a good member. As far as I'm concerned, I'd have no problem voting for him for the at -large position. Vice Mayor Plummer: Who? Mayor Suarez: So we can move on with this. Plummer, if you've got another idea, go ahead and submit it, because we're going to take your appointment as at -large. Vice Mayor Plummer: Well, I'll hold my permanent appointment until the next... Mayor Suarez: I was afraid you were going to say that. All right... -! Mr. Ruder: OK. And Commissioner Alonso has one, and... Mayor Suarez: She's nominating Bob Lewis. Mr. Ruder: OK. And Commissioner Dawkins, do you want to make your...? Commissioner Dawkins: I'm going to wait and see who J.L. Plummer appoints. Mayor Suarez: All right, we got two pending. As to the other two, we have a motion. Commissioner Alonso: Let me clarify this. I'm appointing Bob Lewis because I was told they wanted him in the board, so I said, fine, I'm not going to nominate mine. I will allow that he be nominated. But he was changing his, and I didn't know that. Mayor Suarez: He's playing footloose and fancy free with all of this, you know. That's why he's been here 21 years. You know, he's sneaky. He sneak in an appointment all of a sudden when you're not watching. Commissioner Alonso: OK, let's wait until the next Commission meeting because this is not the way it was supposed to happen. So... Mayor Suarez: There's only one problem with that. 206 October 3, 1991 } Commissioner Alonso: ...I will wait. Mayor Suarez: You know how active these guys are, and ladies. They will start calling our offices saying they have no quorum and driving us generally crazy. Mr. Ruder: The ordinance calls for... they can continue serving, even though until... Mayor Suarez: Oh, OK, all right. So you're in effect maintaining them there for the moment. Mr. Ruder: Right. Mayor Suarez: Thank you. You're a gentleman and a scholar. Do we have any actual appointments that we all agree on then? I guess only - which one? Wellington is our, or Davis is the at -large then? Vice Mayor Plummer: As the alternate? Mayor Suarez: All right... Mr. Ruder: The alternate, you said Wellington. Vice Mayor Plummer: Was going to be Wellington, right? Mayor Suarez: Yes, but... Mr. Ruder: If the Commissioner wants... Mayor Suarez: ...Commissioner says she wants to look at all of this until we're sure that we can try to get as many people on there as wants to serve. Commissioner Dawkins: At one time, and be finished with it. Mr. Ruder: OK. So you want us... Mayor Suarez: You do, Mr. Plummer, have the absolute right under our rules, to reappoint yours or to appoint anybody you want in the Wellington spot if you would like. Commissioner Alonso: OK, so I will appoint Robert Lewis and that's it. Mayor Suarez: OK, as to Commissioner Alonso's appointment, that's Robert Lewis. If you want to appoint yours flat out, and then we still leave the at - large to be determined. Commissioner Alonso: That's it, get it over with. Mayor Suarez: I'll vote for your suggestion. I mean, at the appropriate time, but it won't be today. Commissioner Alonso: OK. Fine. Bob Lewis is mine. 207 October 3, 1991 Y 5 S Mayor Suarez: Bob Lewis for Commissioner Alonso, Vice Mayor Plummer: Second the motion. Mayor Suarez: All right, do you want to appoint yours at this point? Vice Mayor Plummer: No, I'm going to hold mine. Mayor Suarez: You're going to hold. Vice Mayor Plummer: Are we open for the alternate at this point? Mr. Ruder: Yes. Mayor Suarez: We could do that today if you want. At least we get... Commissioner Alonso: I thought we had done that. Vice Mayor Plummer: Then I would nominate Mr. Wellington. Mayor Suarez: All right. So nominated. I thought they had wanted to wait on that, but that sounds... Vice Mayor Plummer: Well, I'm asking if you want to wait, fine. Mayor Suarez: I don't want to wait. I want to move. Vice Mayor Plummer: All right, let's do it then. I'll nominate Wellington. Mayor Suarez: All right, as to both of those nominations. We have a motion, do we have a second? Commissioner Alonso: Yes, he did. Mayor Suarez: Thank you. Ms. Hirai: Yes, sir. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-733 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE MIAMI WATERFRONT ADVISORY BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: 208 October 3, 1991 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 35. (Continued Discussion) APPOINT AN INDIVIDUAL AS MEMBER OF HEALTH FACILITIES AUTHORITY (Appointed was: Father Richard M. Barry) (See label 32) . ------------------------------------------------------------------------------ Commissioner Dawkins: Hold it. Mayor Suarez: Yes? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes, we are waiting for your nomination on that. I'll entertain your motion on that. Item 23, Commissioner Dawkins' appointment. Commissioner Dawkins: Father Barry. Mayor Suarez: Father Marquess Barry. So moved. Commissioner Alonso: Second. Mayor Suarez: Second. Wait a minute. Unidentified Speakers: ...Facilities Board. Vice Mayor Plummer: What is that? Commissioner Alonso: The Health... Mayor Suarez: Thank you. Commissioner Dawkins: Health Facilities Board, J.L. Mayor Suarez: OK, so moved and seconded. Any discussion? If not, please call the roll. 209 October 3, 1991 k[. The following resolution was introduced by Commissioner Dawkins, who - moved its adoption: RESOLUTION NO. 91-734 A RESOLUTION APPOINTING TWO INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ----------------------------------------------------------------------- 36. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING ISSUANCE OF RFP FOR UDP FOR DEVELOPMENT OF THE CITY ADMINISTRATION BUILDING - PHASE II (on City -owned land adjacent to 275 N.W. 2 Street) (Continued to October 24th). ------------------------------------------------------------------------------ Mayor Suarez: Twenty-six. RFP for unified development project for development of the City Administration Building, phase II, on City -owned land. Commissioner Dawkins: So move. Mayor Suarez: So moved. Commissioner De Yurre: What is City -owned land? Second for discussion purposes. Mayor Suarez: Seconded for discussion. Commissioner De Yurre. Commissioner De Yurre: What land are we talking about? Mayor Suarez: Right adjacent to the existing building. Commissioner De Yurre: Do we own it? Mr. Jack Luft: Yes, sir. i 210 October 3, 1991 x x,. Commissioner De Yurre: We own it at this point in time? Mr. Luft: Yes, sir. Commissioner De Yurre: It was deeded back to us by the County. Mr, Luft: The property was deeded to us by the County. Commissioner De Yurre: Uh huh. Mr. Luft: With the provision that we must build administrative offices for the City of Miami on the property. Commissioner De Yurre: By when? Mr. Luft: No time certain. Commissioner De Yurre: So we got it back then? No, no, we did lose it. Mr. Luft: We have it until we declare we're not going to use it for that purpose. Mayor Suarez: But that was lapsing. That dedicated use was lapsing, and did it lapse or we got to extend it or what? Mr. Odio: At one time, there was a doubt whether we had lost the land back to the County or not, had it reverted back. And I still think we have to have something in writing from the County stating the fact that we own that. Commissioner De Yurre: OK, no, no, now, here guys, you're saying two different things to me now. He's saying that we own it, that we have it outright. My understanding was that we didn't have it outright. That we have to get something from the County deeding it back to us or giving us the right to build on it. Mr. Odio: They have... Commissioner De Yurre: What is... the City Attorney, what is the situation right now? Rafael Diaz, Esq.: I believe the last time this issue came up, we need something from the County because there was a time lapse. I mean that... Commissioner De Yurre: OK, so we do not own it. It's not fee simple in the ' City of Miami. t� Mr. Jones: Yes. Commissioner De Yurre: We do not have title to do as we please with it. Mr. Odio: We never had the right to do as you please with it, never. Commissioner De Yurre: But not even to build something on it right now. 211 October 3, 1991 E; . � nv ••�'x1Fri r-s 'xaa'w� §safihf Commissioner Be Yurre: We do right now without getting anything from the County? Mr. Odio: No... Mr. Jones: Commissioner Be Yurre, let me check with my office. Because when this question came up before, I know that there was a discussion with the County Attorney's Office, and there may have been something in writing and somehow I do have a recollection that there was a letter from the County Attorney's Office saying that they did not have any reservations or express any reservations relative to the City still using the property for development of the building. But I'll have to check that. Commissioner Be Yurre: Well, check to see if there's any County action needed or exactly what the story is that we're clear on this. Mr. Luft: Commissioner, the site for the building we own. The adjacent site where the plaza, or the landscaped area in the so-called front yard where the parking lot is today, the County owns. And we have suggested to that County that before we would improve that as a landscaped area, per the government center plan, they would have to enter into a long term lease to it with us for $1.00 a year, otherwise we wouldn't improve it. But we cannot put a building there in any event. It's just a plaza, a front courtyard. But they do own that part. Commissioner Be Yurre: Are you in disagreement then with the City Manager? Mr. Luft: No. I Commissioner Be Yurre: I mean, like I'm trying to get one story here. Mr. Luft: No, I'm not. According to the deed that I have read, and I've read it several times, and I've had discussions with the County General Services Administration, we own the property. And we're free to build an administration building on it as of today. Commissioner Be Yurre: OK, without any further County action. Right? Jack, right? Mr. Luft: Yes, sir. That's correct. Mr. Odio: I'm glad you're putting that on the record because at one time, we had that problem, but it's been cleared. And Herb indicated that to me, but I just wanted... Commissioner Be Yurre: I don't want it to come back to us then saying now we need a resolution to go to the County to get it. We don't need to do any... there's no further action on this needed. Vice Mayor Plummer: Is this proposed to the east of where the present building is? 212 October 3, 1991 I h Mr. Odiot East, east.... Mr. Luft: That's correct. s Vice Mayor Plummer: Now, OK, when you say unified development, does that mean a blend of the private and public sector? Mr. Odio: Well, we have to put up the land. Vice Mayor Plummer: But I'm asking, where is the money coming from to build the building? Commissioner De Yurre: We don't put any money. The developers put up the money. And we just pay... Vice Mayor Plummer: I'm asking the question again. Commissioner De Yurre: We just pay. Vice Mayor Plummer: Where is the money coming from to build the building? Mr. Herb Bailey: The money will come from the City depending on the type of deal that we get from the developer. There are two proposals. One proposal is a turnkey where the developer will accept a long term lease, and we making a provision in the proposal where that can happen. Or the other proposal is that we sell bonds based on the amount of money that we are currently paying and will be paying for rent to pay for the bonds for the building. Vice Mayor Plummer: And what is the proposed cost of what you are anticipating? Mr. Bailey: We hope that the building, we are proposing that the building i doesn't cost more than $19,000,000. Vice Mayor Plummer: Does the include a parking structure? Mr. Bailey: It does not include an additional parking structure. Mr. Luft: We have four hundred... Mr. Bailey: We feel we have sufficient parking. Vice Mayor Plummer: You have what? Mr. Bailey: We feel that we have sufficient parking. Vice Mayor Plummer: Where? Mr. Bailey: We still own garage number five, and we have ample parking under I-95. And there is a provision whereby we exploring to get permission from the County to black top the dust bowl and use that if we have to. I don't think we're going to have to. 213 October 3, 1991 1 4 b rii t � S -_ t �' • Qx-' .; dkaaa, -,� w(" :ry rc� :m+n, — Vice Mayor Plummer: Under this proposal, how many square feet are you anticipating? Mr. Bailey: I think it's up to hundred and fifty. Mr. Luft: Up to 150,000. Commissioner De Yurre: Including J.L.'s conference room? Mr. Bailey: Including his conference room. Mr. Luft: It depends on the motion. Mr. Bailey: And that does include City Hall chambers. Vice Mayor Plummer: And you then are anticipating the annual cost over 20 years at how much? Mr. Bailey: Depending on the rate of the bonds, and the amount we have to pay at the time we borrowed them. It could run up to maybe 24 or 25 million. Mayor Suarez: On a yearly basis he asked, I think. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Bailey: I don't understand the question. Mr. Luft: On an annual basis. Vice Mayor Plummer: Well, the point I'm trying to make, presently we are paying in rent just under a million dollars. Mr. Bailey: Todays... Mayor Suarez: What's the... add the debt service... Vice Mayor Plummer: Now, what's it going to cost us for the pride of ownership? Mayor Suarez: On a yearly basis, how does that compare to what we're paying now for rent? Mr. Bailey: A little more, substantially more. Vice Mayor Plummer: OK, that's what I'm trying to get at. Mr. Bailey: That is... Vice Mayor Plummer: Because let me tell you something, Herb, in my estimation, if you go to the voters to pass at a referendum a bond issue for a new City administration building, no way it's going to pass. Mr. Bailey: We don't intend to go to referendum. 214 October 3, 1991 + 1 a c t,rmNa�an aah� _ Commissioner De Yurre: It would be a revenue bond. Mr. Bailey: It would be revenue bonds. We don't... Vice Mayor Plummer: Revenue from where? We going to pay ourselves? Commissioner De Yurre: You earmark the money. Mayor Suarez: That's the problem. You've hit it on the head. Legally and constitutionally, under our Charter it sounds to me like a general obligation bond. Vice Mayor Plummer: I don't know how else you're going to do it. Mayor Suarez: And, as such, it would have to be approved by the voters, folks. Vice Mayor Plummer: See, I think that before you go and put... let me tell you, one of the developers came to me and said, hey - he made a very good point, he might be off a few dollars - you're going to cost me, if I'm a bidder, approximately $70,000 to put the bid together. Now you can argue whether that's right or wrong, but let's say $50,000. And yet, if you've got to go to a referendum after that, and the voters turn it down, are you going to reimburse that man? I don't believe you are. Mr. Bailey: We don't intend to go to a referendum. Vice Mayor Plummer: Well, buddy, I'm telling you for $20,000,000 of my vote, you're going to a referendum. I'm not going to obligate the taxpayers for twenty million without them having the opportunity to speak to it. Commissioner De Yurre: J.L., you're obligating them anyway. You got to pay the rents, Mr. Bailey: Same condition. You got to lease. Mayor Suarez: I happen to believe that there's another way of doing it, and I've told you all before. Which is that we can figure out from existing space, or rent at worst, some additional space at the end of that process. But I've said my piece many, many times. Vice Mayor Plummer: Well, the point, Mr. Mayor, I guess that I'm really trying to make, are we ahead of the game by going out now with a unified development when we don't have the dollars in the bank, we don't know whether or not we got to go to a referendum, and asking bidders to put up whatever amount of money - it's got to be a sum of money - to make the bids... Mr. Bailey: Commissioner... Vice Mayor Plummer: ...when we don't have a definite obligation of this Commission to go forward. Commissioner De Yurre: J.L., let me say one thing, there's a possibility, hopefully in all likelihood, a probability that somebody, with us being the 215 October 3, 1991 major tenant, that somebody is going to come in, finance their own building and build it on our land. And we're just going to lease it from them for 20 years. And we get the building at the end of the 20 years. Mayor Suarez: But I have a feeling, Commissioner, that we will have to sign on those notes, and put the full faith and credit of the City of Miami which, to me... Vice Mayor Plummer: Of course you will. Commissioner Dawkins: Let me ask a question. Mayor Suarez: Who said that? Commissioner Dawkins: Let me ask a question. Vice Mayor Plummer: Of course you will. Mayor Suarez: Of course you will, right. The Vice Mayor. And, wait, wait, please, Commissioner, Commissioner. Commissioner Dawkins: Yes, but I've been asking to ask a question and you all keep cutting in, and nobody don't go.... Mayor Suarez: OK, I was not aware of that. I yield to Commissioner Dawkins. Go ahead, please. Commissioner De Yurre: Mikes off, mikes off. Commissioner Alonso: Pull it towards you. Mayor Suarez: All right, maybe that's why I didn't hear you. Hey, we got lights too, see. Vice Mayor Plummer: They're trying to tell you something. Mayor Suarez: Two good things. Commissioner Alonso: No, towards you. Mr. Bailey: The mike is on, Commissioner. Commissioner De Yurre: There you go. Ms. Hirai: Yes, it's on. Commissioner Dawkins: OK. If what... how long are we in the Dupont Building for? Mr. Bailey: Four years, plus one year... Commissioner Dawkins: Four years. At the end of the 4 years, do we have to pay rent at the Dupont Plaza? 216 October 3, 1991 r.GeW�i'n. w 17 n i . + ! - y!' Mr. Bailey: If we don't have another site to go to, yes. Commissioner Dawkins: No, no, no. Assuming that we don't have another place, are you going to have to pay rent there? Mr. Bailey: Yes. Commissioner Dawkins: Well, where will the money come from? Mr. Odio% The same way, the same... Commissioner Dawkins: So what... you know, why sit up here and go through this? And then while we're on this, let me ask another question. J.L., how many facilities that you said are off the tax roll? Vice Mayor Plummer: Approximately 31 percent. Commissioner Dawkins: OK. Now they're talking about putting another jail in the City of Miami to make it 32. Vice Mayor Plummer: No, that's already off the rolls. Commissioner Dawkins: OK, all right. Let me ask a question. Mr. Manager, does the present jail have asbestos? Mr. Odio: We feel that that building has asbestos. Commissioner Dawkins: That building. Mr. Odio: Yes. Commissioner Dawkins: So, therefore, the County and the: City of Miami are subjecting prisoners to asbestos poisoning without having asbestos removed. You guys should be ashamed of yourselves. Vice Mayor Plummer: Here comes six more lawyers. Commissioner De Yurre: We do it with our employees too. Commissioner Alonso: And what about our own employees? Vice Mayor Plummer: Mr. Dawkins, my statement was predicated on Mr. Bailey's statement... Commissioner Dawkins: What? Vice Mayor Plummer: ...that the pride of ownership was going to cost us - his term - substantially more. Mayor Suarez: On an annualized basis that we're now paying for rent. Vice Mayor Plummer: That's correct, sir. 217 October 3, 1991 Commissioner Dawkins: And I grant you, and you can go on my statement, with the cost of living raises, the space we have in the Dupont Plaza will cost us considerably more. Vice Mayor Plummer: He said substantially more. Did you hear his statement? Mr. Bailey: I did, I made the statement, Commissioner. You want me to explain it because the new building will contain more than what we're currently leasing in the Dupont. Commissioner Dawkins: Nobody's going to build a building, Mr. Bailey. We've been through this for ten years. So don't stand over there and waste your time and effort, Mr. Bailey. This Commission does not intend to build an administration building. Mr. Bailey: Well, I'm obligated to answer his question. Commissioner Dawkins: OK, well answer them. Mr. Bailey: If whether they build it or not, that's their concern. I will answer the question if you've asked me. And the answer to that is, it will cost more mainly because we're putting more into the building. We will also have included in that building Commission chambers and other conveniences for the employees for which I think we need. Vice Mayor Plummer: Who asked for new Commission chambers? Mr. Bailey: You didn't, but we are offering it. Vice Mayor Plummer: Oh. I thought, yes... Mr. Bailey: Because we're offering a complete building. Vice Mayor Plummer: Mr. Mayor, at the sake of boring you, I've got to put on the record again. Mr. Manager, what was the last offer you had for the Alfred I. Dupont Building? Mayor Suarez: What is the latest? It keeps getting lower, one of these days they're going to give it to us. Vice Mayor Plummer: What is the last offer? Mayor Suarez: I think it was eight million, but they had to... Vice Mayor Plummer: Eight. Mayor Suarez: ...keep the ground floor for retail. Vice Mayor Plummer: That's right. Commissioner Alonso: Yes, it's a combination of valet parking, and... Mayor Suarez: No? 218 October 3, 1991 Mr. Odio: The last offer I received from them is $12 million dollars. Commissioner Alonso: How much again? Vice Mayor Plummer: That's not what they stood up here and told me. Mr. Odio: And by the time we finished improving the building... Mayor Suarez: It was like eight, but they... Commissioner Alonso: Wasn't it eight? Mr. Luft: That's including the retail. Vice Mayor Plummer: It was 6 million dollars. How much... Mr. Luft: Including the retail. Mr. Odio: Twelve million. Commissioner Alonso: Well? Vice Mayor Plummer: No, that was... they were going to de... Mayor Suarez: But they had an offer that did not include the retail that was interesting. Vice Mayor Plummer: That's three million less. OK. I still have to go on the record... Mr. Odio: Commissioner, may I say this? Vice Mayor Plummer: ...it is... Let me finish. Mr. Odio: OK. Vice Mayor Plummer: I know your story, I want you to hear mine. Mr. Odio: Yes, it's not 12, it's 22 million. Because you have to... Vice Mayor Plummer: You are talking about upgrading of 3 to 4 million dollars is in repairs. You are getting 250,000 square feet rather than 150,000 square feet. You are getting a parking structure. Whether you want to say the valet is just detrimental or not, we have two City employees that could do it, of ►: 450 cars and you can buy that structure today, even at the 12 million, if you want the first floor, we're talking about spending 20 million dollars without any parking, and 150,000 square feet. Mr. Odio: But, you see, Commissioner, let me put this on the... Vice Mayor Plummer; I don't understand. Mr. Odio: Once and for all, I want to bury that. Can we use your... OK. The principal would be about $22 million dollars that we have... l r 219 October 3, 1991 t • �n t 'i FL 1iU l Vice Mayor Plummer: What principal? Mr. Odio: To pay in the Alfred Dupont Building. Vice Mayor Plummer: You can buy the Alfred I. Dupont Building for $12 million dollars. Mr. Odio: No. Well, we have to... OK. The total cost of the Alfred Dupont Building is $220460,000. Mayor Suarez: We have no idea where you're getting that figure from, Mr. Manager. Vice Mayor Plummer: I don't either. Where you get that number from? Mayor Suarez: And I'm not sure that we're going to resolve that today. And Commissioner Dawkins wants to address this. I still haven't made three points that I want to make, and we have a lot of other items. Commissioner Dawkins: How old is the Dupont Building? Mr. Odio: Older than Plummer. Mr. Luft: Sixty years. Commissioner Dawkins: Beg your pardon? Mr. Luft: Sixty years. Commissioner Dawkins: Sixty years old. So, therefore, the plumbing, the roof, and the electrical, no doubt, has to be redone. Vice Mayor Plummer: Aw, wait. You know, let me tell you. You want to joke? Commissioner Dawkins: No, you wait till I finish now! Vice Mayor Plummer: I shall, sir. Commissioner Dawkins: OK, thank you. Mayor Suarez: Thank you. For once they've policed themselves. All right. Vice Mayor Plummer: He talks too much, but I'll wait. Mayor Suarez: Please. Commissioner Dawkins: See, now, if you're really talking about buying a building that's newer, that has more to offer, and doesn't need any repairs, go back to the forty... (ELECTRONIC TAPE MALFUNCTION). 220 October 3, 1991 IzZy Aqb Vice Mayor Plummer: Mr. Mayor, you know, I shouldn't say that about my friend, Mr. Odio, but figures don't lie, liars figure. You know, when he says twenty-two million dollars, took at what's in this twenty-two million. Four million of it is the buy-out of the lease of the Dupont. Mr. Odio: Yes, you have to buy the building Vice Mayor Plummer: Sir, you ain't talking about that when you speak about building your own. Mr. Odio: No, sir, we're not. Commissioner Alonso: With all due respect. Vice Mayor Plummer: You're damn right, because if you go with building your own, you're saying you're going to be in there until that time. Mr. Odio: No. By the time you finish this project, it will be four years. Vice Mayor Plummer: Tenant improvements, four million dollars. Code Enforcement... Mr. Luft: That's right. Commissioner Alonso: Can I make a suggestion? Why don't we continue this item for the sake of the people that are waiting? Mayor Suarez: Yes. Commissioner Dawkins: I agree. OK, one question before you get there. What did they want for the forty-four hundred building? - somebody, anybody. Mr. Herb Bailey: It's down to about fourteen now. Commissioner Dawkins: Fourteen million, thank you. Mayor Suarez: That's a darn good building, by the way. Some other alternatives that I just want to remind the Commissioners, we've got the Olympia building with forty-five thousand square feet. Whether we like it or not, it's ours. Whether we like it or not, if we are smart... Mr. Odio: To move it out of there. E Mayor Suarez: Well, we are moving out of it now because it's a mess. But if we fixed that up at a reasonable cost, we could have forty-five thousand square feet. The central business district of the City of Miami is now going —� to have a vacancy rate that is going to be extremely high because of the situation with Southeast, not to mention CenTrust. If we want to be in downtown, something that the newspaper is always arguing we should be, I don't } know exactly why, but they say we want to be close to the other buildings, et cetera... Commissioner Alonso: Government Center. 221 October 3, 1991 Mayor Suarez: ..41 we may... yes, Government Center. We may have space available very inexpensively in the coming years. And finally and most importantly, Mr. Manager, and all of us who were committed, we have a few, at least one important project still on the drawing boards that the City of Miami is hopefully going to get involved in, which is some kind of an exhibit facility. When and if we build that as an adjunct, we can put some space for our employees and get twice as much bang for the buck. I just caution that building a twenty million dollar building is in addition to the legal complications of it, because it sounds to me like a general obligation bond is probably not the wisest idea if... Mr. Bailey: Mr. Mayor, then may we request... Mayor Suarez: The Commission I think, Herb, is going to take a pass on this item, if I hear the Commissioners to my left. But that doesn't mean that we are not going to try to act on it at the meeting, the second meeting in October, so. Mr. Bailey: You still want to talk about that. We brought it back at your request, we just didn't do it and if you have no desire to go through with it, we won't bring it back. Mayor Suarez: No. My request in the sense of the Commission, you know how I feel about it, but I think we should consider it definitely, and everybody should brief themselves for the meeting of October 24th. I think that's fair to you and to the administration not to... Mr. Bailey: All right, we'll bring it back. On October the 24th? Mayor Suarez: Yes. Mr. Bailey: All right. Mr. Odio: We were going to start at three o'clock that day because we don't have any items... we only have three very quick regular items. You wanted to keep those meetings to Planning and Zoning only. Mayor Suarez: If you want to postpone it further, you know, that's what we say in litigation, you know, when... Mr. Odio: To tell you the truth, Mr. Mayor, I don't see the votes up here to do this. Mayor Suarez: I would postpone it for 1998 myself, you know, but if you think that you want to get a more clear indication from us... Mr. Odio: I can get it, I can count. Vice Mayor Plummer: Yes. Mayor Suarez: Well, I don't know. Commissioner Alonso: I think we should really look at the item and make a decision - either we kill it or we move on. 222 October 3, 1991 Mayor Suarez: Yes. I think we ought to grapple with it on the 24th. Commissioner Alonso: I think we have to make a decision. Commissioner Dawkins: That's right. Commissioner Alonso: That's my feeling. Commissioner Dawkins: All right now, did I understand us to just promise the citizens out there that we will hear this agenda and everybody could go home? Did we just say that? Evidently, we didn't, so you'll be going through the same thing you just going through now. Mayor Suarez: We are going to continue with our agenda but we have within that, a part of our agenda that has to do with downtown concerns which was supposed to begin at what time? Commissioner Alonso: Six thirty. Mayor Suarez: Six thirty. And we will try to hear from you. Who is here... well, I guess we shouldn't ask that until we get to six thirty. OK. We have a motion? Do we need a motion to defer that item, or the Manager just withdraw it at this point, item 26? !-------------------- -- 37. RATIFY MANAGER'S FINDING THAT REMOVAL OF ASBESTOS AT THE GREYHOUND BUS DEPOT, LOCATED WITHIN MIAMI FEDERAL LAW ENFORCEMENT BUILDING PROJECT SITE, WAS AN EMERGENCY - AUTHORIZE ISSUANCE OF PURCHASE ORDER TO MCO ENVIRONMENTAL INC. (CIP 311014). ------------------------------------------------------------------------------ Mayor Suarez: Item 27. Commissioner Alonso: Oh, I guess Commissioner Dawkins has some comments. Mr. Odio: This is something we had no choice on, we discovered asbestos. Mayor Suarez: Ratifying your actions. OK, I'll entertain a motion on it. Commissioner Dawkins: On what now? Mayor Suarez: On item 27, the removal of asbestos from the bus depot property. Mr. Odio: This is completely paid for by the federal government. Mayor Suarez: That will be built in to their cost, Herb? Mr. Bailey: Yes, it will come from their budget. It has been done, and it had to be done on an emergency basis. We're just getting you to ratify the action that has already been taken. 223 October 3, 1991 Y r.�:i tilt .tit Mayor Suarez: All right. Commissioner Alonso: OK, I so move. Mayor Suarez: So moved. Commissioner Alonso: The only thing is that Commissioner Dawkins has suggested a firm the last Commission meeting, so I think that that firm be taken into account for the future. He asked that last Commission meeting. Probably this was done before. Mr. Bailey: On which Commission...? Mayor Suarez: He suggested a firm to be used... Commissioner Alonso: Commissioner Dawkins suggested a company, a black company. Mayor Suarez: ... for asbestos removal. Commissioner Alonso: He is saying no company has been awarded the contract. Mr. Bailey: That is correct on City awarded contracts. This is not a City awarded contract. Commissioner Alonso: OK. But just to remind that they keep... Commissioner Dawkins: Well, wait a minute, what you mean it's not a City awarded? - then you tell me it's emergency, and the Manager went out as an emergency, but then you tell me it's not a City awarded contract. Mr. Bailey: We are the managers of the money that we have for the... Commissioner Dawkins: Well, who decide... wait, OK, wait a minute now. Mr. Odio: Commissioner, let me... Commissioner Dawkins: Bear with me, bear with me, wait one minute. Mayor Suarez: It sounds contradictory, it really does. Commissioner Dawkins: Wait one minute. Mr. Odio: It is. Commissioner Dawkins: Don't sound. Ratifying the City Manager's finding of the need for the removal of asbestos at the Greyhound Bus Depot property, and doing the same. The recommending the Manager's findings. Mr. Odio: Commissioner, no, you're right. Let me say this. This is a... we had to do this. This was prior... this happened in July 3rd prior to the order. 1i A 7 '! 224 October 3, 1991 Commissioner Alonso: July 22nd. Commissioner Dawkins: I know, I have no problem with that. Mr. Odio: And I have given an order, and we have located an asbestos removal company, and they will not... Commissioner Alonso: What happened? Commissioner Dawkins: OK, no problem. I mean, I understand, you know why we are here, like the Commissioner said... Mr. Odio: This happened July 3rd, Commissioner. Commissioner Dawkins: ... but don't tell me that the government did it and I am seeing here, you did it. Mr. Odio: No, we have to come through us and then we get the funding. Commissioner Dawkins: All right. No problem. Mayor Suarez: OK. On item 27, we have a motion by Commissioner Alonso. Commissioner Alonso: Yes. Commissioner De Yurre: Second. Mayor Suarez: Seconded, Commissioner De Yurre. Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-735 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF THE NEED FOR THE REMOVAL OF ASBESTOS AT THE GREYHOUND BUS DEPOT PROPERTY LOCATED WITHIN THE MIAMI FEDERAL LAW ENFORCEMENT BUILDING PROJECT SITE, TO BE AN EMERGENCY AND AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR THIS SERVICE TO MCO ENVIRONMENTAL INC. IN THE TOTAL AMOUNT OF $58,500.00 FROM THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION; UTILIZING FUNDS THEREFOR ALLOCATED FROM CAPITAL PROJECT NO. 311014 ENTITLED "FEDERAL LAW ENFORCEMENT BUILDING". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 225 October 3, 1991 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 38. (Continued Discussion) EXECUTE MANAGEMENT AGREEMENT WITH LATIN AMERICAN GOURMET RESTAURANT, INC. - IN RESPONSE TO RFP FOR MANAGEMENT, OPERATION AND MAINTENANCE OF THE PAUL WALKER PARK FOOD AND BEVERAGE CONCESSION (46 W. Flagler Street) (See label 20). ------------------------------------------------------------------------------ Mayor Suarez: Item 28. Commissioner De Yurre: Mr. Mayor. Mayor Suarez: Yes. Commissioner De Yurre: Can we revisit item number 12 and 13 which is the Latin American Gourmet Restaurant? Mayor Suarez: OK. That was tabled until we could get more assurances that we know the ownership of the entity in question. Presumably that has been clarified to our satisfaction. Alberto, hopefully, we can cut through the... Mr. Bailey: We have the information, Commissioner, we had it all along, I think that was just a matter of communications. The president and secretary is Alberto... Mr. Al Armada: Lazaro Albo. Mr. Bailey: Lazaro Albo. Ada Zalazar is the treasurer of the corporation. They have issued stock to three people. Lazaro Albo, Humberto Hernandez, Jorge Medina, and Ada Zalazar. They are the... Mayor Suarez: Those are the sole stockholders? Mr. Bailey: They are the stockholders and there is... Mayor Suarez: And you gave us the officers? Mr. Bailey: Stockholders and officers, yes. Commissioner De Yurre: Hold it, hold it. 226 October 3, 1991 Mayor Suarez: What happened to Terry Percy? Did you eliminate him from this morning to the afternoon? Mr. Bailey: As I said, that was a communication problem there. Mayor Suarez: Communication problem? Commissioner De Yurre: Well, hold it, what about Florentino? Mr. Bailey: Yes, he is the subcontractor. Mayor Suarez: I'm sorry, this doesn't cut it with me. Mr. Bailey: You asked for the ownerships. Commissioner De Yurre: Well, how about Mr. Florentino? - right here. He is supposed to be an owner from what I hear. Mr. Albo: This is a joint venture owned by Latin American Gourmet Food, Badias Restaurant Inc., doing business as a pub, Calle Ocho, and PCI 4 Corporation, which is Terry. { Mayor Suarez: How about all those other people we just heard that were stockholders? Commissioner De Yurre: Now, geez, this is getting more mixed up. Vice Mayor Plummer: This thing is getting more complicated by the minute. Mr. Albo: They are part of the Latin American Gourmet Food which is the main corporation. Commissioner De Yurre: Herb, were you aware of this? Alberto Armada, were you aware of this joint ventures and subterranean corporations arising and surfacing? Mr. Armada: It's not a joint venture, OK? These two gentlemen are subcontractors, and that is the way that this bid is written. So, if he said... Vice Mayor Plummer: Can we put a Burger King in there and have it our way? Mr. Armada: Please, please, come on. Mr. Bailey: You have to understand that some... you know, the language in terms of some people may call it joint venture, they may call it... Mr. Armada: It's not a joint venture, Commissioner De Yurre. Mr. Bailey: It's not a joint venture, it's a subcontractor. And according to the corporate records, the owners and officers are as I read them to you. And I'll read them to you again if you like. I have his corporate books and so far as I am concerned, that's the official ownership of the company. 227 October 3, 1991 16 ;3h } Commissioner De Yurre; OK. Now, you got what, subcontractors then? Mr. Armada: Yes, there are two subcontractors as part of Latin American Gourmet Restaurant Corporation. That is the principal. Mr. Bailey has already told you who are the principals in that corporation and how the stock is distributed, OK? Now, the way the project is going to operate, they have two subcontractors, that's part of their bid - it says it right here clearly. Mayor Suarez: Who are the subcontractors and what are they doing? Mr. Armada: The subcontractors are Badias Restaurant Inc., and PCI Corporation. Badias Restaurant Inc., is a company that I understand is owned by someone by the name of Perez, last name Perez. The PCI Corporation is owned by Terry Percy, OK? Commissioner De Yurre: A hundred percent? Mr. Armada: I can't tell you. Mayor Suarez: Someone by the name of Perez. Isn't that the guy who is right next to you? Mr. Armada: I don't know the gentleman, it could be very we11, I don't know the gentleman. Mayor Suarez: Al, if you don't know him, we are in trouble here. Mr. Armada: I don't know him. Commissioner De Yurre: Well, let's find out. Florentino... ask him. Commissioner Alonso: He hasn't been in E1 Pub then. Mr. Armada: Are you Florentino Perez? Mr. Florentino Perez: Yes. Mayor Suarez: Well, we've got that established. Mr. Armada: OK, he is Florentino Perez. Now, we got that established. Commissioner De Yurre: OK, now that everything is clear. I'll move this item, Mr. Mayor. Mayor Suarez: So moved, Vice Mayor Plummer: I'll second it, you know, just to get it the hell out of here. Mayor Suarez: Al, let me ask you a question - in your professional judgment here. Mr. Armada: Yes, Mr. Mayor. 228 October 3, 1991 z Mayor Suarez: Or Herb. I guess you were most intimately involved with this. Now, it sounds like we have a classic case of what Commissioner Dawkins was calling earlier today, brokers. Because you sound like... it sounds like they are going to pretty much award the entire profitability of this deal to these two subcontractors. Mr. Armada: No. Well, that's not the way. Mayor Suarez: Why do we need the brokers? Why didn't the Pub and Mr. Terry Percy come in in a joint venture and bid for this? Mr. Armada: They are not brokers. Let me tell you, let me go back to the affidavit of ownership that I talked to you about, OK? Mayor Suarez: I am not talking about the technicalities, I am talking common sense, here. Mr. Bailey: Mr. Mayor. Mayor Suarez: Yes, Herb. Mr. Bailey: It's not unusual for us to issue RFPs (Request for Proposal) and I don't know of too many contracts that we don't have joint ventures, partnerships, and subcontractors. They all have those provisions in them and this is not unusual. Mayor Suarez: I know, but this is not a huge contract. What is the...? Mr. Bailey: It may be huge to them. You're right, it is not a big contract in some terms, but maybe to them, they need that type of relationship to financially pull it off. But we have... most of our contracts have subcontractors, joint ventures, and everything else. Commissioner Alonso: Well I guess what we are trying to do is that when a contract comes to us, it should be presented in a more professional way to us. And I think it should not embarrass the people who participate, but the people from the staff should really let us know so we don't have to go through this exercise that is embarrassing for the staff, for us, for the people who participated. And it gives an impression that is not conducive to good government at all. Mr. Armada: Commissioner, I apologize... Commissioner Alonso: And that's what we should really try to avoid, because it looks like a circus. Mr. Armada: Commissioner Alonso. Commissioner Alonso: And we don't want this perception at all. This Commission is a serious Commission. The people who participate are serious individuals, and we should not really give this image to Miami, I don't think it's proper, and I resent when it's done. 229 October 3, 1991 Mayor Suarez: Or Herb. I guess you were most intimately involved with this. Now, it sounds like we have a classic case of what Commissioner Dawkins was calling earlier today, brokers. Because you sound like... it sounds like they are going to pretty much award the entire profitability of this deal to these two subcontractors. Mr. Armada: No. Well, that's not the way. Mayor Suarez: Why do we need the brokers? Why didn't the Pub and Mr. Terry Percy come in in a joint venture and bid for this? Mr. Armada: They are not brokers. Let me tell you, let me go back to the affidavit of ownership that I talked to you about, OK? Mayor Suarez: I am not talking about the technicalities, I am talking common sense, here. Mr. Bailey: Mr. Mayor. Mayor Suarez: Yes, Herb. Mr. Bailey: It's not unusual for us to issue RFPs (Request for Proposal) and I don't know of too many contracts that we don't have joint ventures, partnerships, and subcontractors. They all have those provisions in them and this is not unusual. Mayor Suarez: I know, but this is not a huge contract. What is the...? Mr. Bailey: It may be huge to them. You're right, it is not a big contract in some terms, but maybe to them, they need that type of relationship to financially pull it off. But we have... most of our contracts have subcontractors, joint ventures, and everything else. Commissioner Alonso: Well I guess what we are trying to do is that when a contract comes to us, it should be presented in a more professional way to us. And I think it should not embarrass the people who participate, but the people from the staff should really let us know so we don't have to go through this exercise that is embarrassing for the staff, for us, for the people who participated. And it gives an impression that is not conducive to good government at all. Mr. Armada: Commissioner, I apologize... Commissioner Alonso: And that's what we should really try to avoid, because it looks like a circus. Mr. Armada: Commissioner Alonso. Commissioner Alonso: And we don't want this perception at all. This Commission is a serious Commission. The people who participate are serious individuals, and we should not really give this image to Miami, I don't think it's proper, and I resent when it's done. 229 October 3, 1991 Mr. Armada: Commissioner Alonso, let me say something to you please, OK? I apologize for the fact that I did not know the ownership composition of this proposal, but I want you to know very clearly, OK, that this process has been very carefully supervised by me. This is a very short, good procedure, and what has happened here was that we did get the very best qualified, you know, proposer. It has gone through a lot and certainly, I can guarantee you that all throughout that process it was very clearly, you know, monitored. I apologize again for the fact that I did not know the composition of the board. It's not going to happen to me again. But I truly will tell you that we did get four good bidders, OK? We reviewed the panel completely, there was a review panel to review these four proposals, and I can guarantee you that the best proposal is the one that you have here before you. OK? Commissioner Alonso: Mr. Armada, believe me, I... Mr. Armada: I am sure they are going to do a good job when they get into that cafeteria and operate that concession very well. I am certain of that. Commissioner Alonso: Believe me, I believe you. I am a hundred percent sure that what you are saying is true, but anyone who has witnessed this exercise that we have gone over this afternoon has to have doubts in their minds, and that's something that we should really avoid in the future. Thank you. Mayor Suarez: In the zoning matters, in planning matters, we look at the corporate structure to the extent of investigating corporations that own shares in other corporations, and ultimately, we have made it pretty clear without procedures and possibly, ordinances applicable to those, that we want to know exactly who owns the company. And that's only for zoning, which does not make us business partners of the individuals. Here, in effect, we are letting City property, we are going to be their partners, and for them to have this complicated corporate structure, frankly, to tell you the truth, from the very beginning, I would have said, no. Gentlemen, ladies, come in with a very nice simple corporate structure, we want to know who we are dealing with. A major corporation owned by four stockholders as you have described now, subcontracting to two other corporations, none of whose principals are in the principal corporation that is the awardee of the contract, is not the way we should do business for what is, I guess, a restaurant. It just... it's too much. It's too many middle people, too many middle men, too much confusion. Mr. Armada: Mr. Mayor, let me say... Mayor Suarez: And then when, you know, when we go some place and somebody says, who did you let this thing out to? And we say, well, you know, we know Lazaro Albo, we know Florentino, I don't know if they are really the ones, or if it's Terry Percy, or if it's some other names that I don't recognize, or if there's joint ventures that are subcontracting with the principal. I would, right off the bat, I would have said, no way. I need a nice clear partnership, or joint venture, or corporation with clear ownership. And if you guys can't get that for this kind of a project, I mean, this is not a multi -million dollar project, then, sorry. Mr. Armada: But Mr. Mayor, with all due respect, the reason why this is the very best bid again, is because, as part of their composite proposal to us, they have these two subcontractors. One of which, of course, is Badias i 230 October 3, 1991 Mayor Suarez: Are they signing? Mr. Armada: They are subcontractors, Mr. Mayor. Mayor Suarez: Yes. And you know what happens when they are subcontractors. Mr. Armada: Yes, but you see... Mayor Suarez: They are not in privity of contract with the City of Miami. They have no legal responsibility to us. Mr. Armada: Yes, Mr. Mayor, but the way this contract was written... Mayor Suarez: All right. Mr. Armada: ... that you have before you here today, Latin American Gourmet Restaurants is going to be completely involved in this process all the way. They cannot even, OK, alter their ownership composition. I mean... Mayor Suarez: I'll tell you, just the conviction with which you are addressing us, and what we know about you, and how hard you have tried to make all of these work is enough for my vote. But, if it doesn't work out, we are going to remember it... Mr. Armada: It will work out. Mayor Suarez: ... that you gave us the assurances, Al. Mr. Armada: I will. It will work out. Mr. Gonzalez-Goenaga: Could I be recognized, Mayor? Mayor Suarez: No, sir. We have already discussed this amply in the morning, and you were heard at that time. You had an opportunity to be heard. Mr. Gonzalez-Goenaga: Half -a -minute? Mayor Suarez: No, sir. You're out of order. Mr. Gonzalez-Goenaga: Thank you. Mayor Suarez: We have a motion and a second on the item? - again? Call the roll, please. Mr. Armada: Thank you. 231 October 3, 1991 RESOLUTION NO. 91-736 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH LATIN AMERICAN GOURMET RESTAURANT, INC. IN RESPONSE TO A REQUEST FOR PROPOSALS FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF THE PAUL WALKER PARK FOOD AND BEVERAGE CONCESSION LOCATED AT 46 WEST FLAGLER STREET, MIAMI, FLORIDA, FOR A PERIOD OF FIVE (5) YEARS WITH AN OPTION TO RENEW FOR ONE ADDITIONAL FIVE (5) YEAR PERIOD AT THE SOLE DISCRETION OF THE CITY MANAGER FOR A MANAGEMENT FEE OF $750.00 PER MONTH OR FIFTEEN PERCENT (15%) OF MONTHLY GROSS RECEIPTS, WHICHEVER IS GREATER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: I AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: With every reservation that I could possibly have. 39. RATIFY MANAGER'S FINDING THAT REPLACEMENT OF AN ELEVATOR CYLINDER AT DON HICKMAN ADMINISTRATION BUILDING WAS AN EMERGENCY - RATIFY ISSUANCE OF PURCHASE ORDER TO MOWREY ELEVATOR COMPANY. Mayor Suarez: All right, item twenty... Commissioner Alonso: Eight. Mayor Suarez: Eight. This is ratifying your actions to replace an elevator cylinder at the Don Hickman Building. I'll entertain a motion on that - = fourteen thousand five hundred dollar item. Mr. Odio: This was the cylinder. 232 October 3, 1991 • Vice Mayor Plummer: We have no choice. 1 move it. Commissioner Alonso: With regrets. Mayor Suarez: Thank you. Moved and seconded by Commissioners Alonso and Plummer. Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-737 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING THAT THE REPLACEMENT OF AN ELEVATOR CYLINDER AT THE DON HICKMAN ADMINISTRATION BUILDING, WAS AN EMERGENCY NEED; RATIFYING, APPROVING AND CONFIRMING THE ISSUANCE OF A PURCHASE ORDER FOR THIS SERVICE TO MOWREY ELEVATOR COMPANY IN THE AMOUNT OF $14,500.00 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, WITH FUNDS THEREFOR BEING ALLOCATED FROM ACCOUNT CODE NO. 420401-670. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 40. RATIFY MANAGER'S FINDING THAT REPAIR OF AN OVERHEAD DOOR AT COCONUT GROVE CONVENTION CENTER WAS AN EMERGENCY - RATIFY ISSUANCE OF PURCHASE ORDER TO CORDES DOOR COMPANY. ------------------------------------------------------------------------------ Mayor Suarez: Item 29, similar item - as to the Coconut Grove Convention Center. Vice Mayor Plummer: What choice do we have? I move it. 233 October 3, 1991 Mayor Suarez: Moved. Mr. Odio: This was an accident. A truck hit it. Commissioner De Yurre: Seconded. Vice Mayor Plummer: Are we suing the truck? Mayor Suarez: Mr. City Attorney, I sure hope that by the next Commission meeting, you can report back to us that we have ascertained the truck that hit this door, and we have filed suit against that company. Or if not, why not. Could you do that please, sir? A. Quinn Jones, III, Esq.: Yes, sir. Mayor Suarez: That was a very good question from Vice Mayor Plummer. It worries me that no one even from the administration was ready to tell us about that. Call the roll. Ms. Matty Hirai: I need a second, Mr. Mayor. Commissioner Alonso: Yes, I second. Commissioner Alonso: All right. Suspend for a second the roll call. Mr. Manager, what is the name of the company that created damage, and are we ready to sue them? Do we know if they have insurance? Mr. Odio: I'll have to get the information, Mr. Mayor. Mayor Suarez: That's why I didn't... you know, you say, you didn't ask. You weren't ready with the information, why am I going to bother asking? All right, call the roll on the item. The following resolution was introduced by Vice Mayor Plummer, who moved Its adoption: RESOLUTION NO. 91-738 A RESOLUTION BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING THAT THE REPAIR OF AN OVERHEAD DOOR AT THE COCONUT GROVE CONVENTION CENTER, WAS AN EMERGENCY NEED; RATIFYING, APPROVING AND CONFIRMING THE ISSUANCE OF A PURCHASE ORDER FOR THIS SERVICE TO CORDES DOOR COMPANY AT THE AMOUNT OF $15,500.00 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, WITH FUNDS THEREFOR BEING ALLOCATED FROM ACCOUNT CODE NO. 350210- i 340, PROJECT NO. 415000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 234 October 3, 1991 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 41. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION CONCERNING THE CHINATOWN PROJECT AT 1801-1859 BISCAYNE BOULEVARD, AMENDING RESOLUTION 91-92, WHICH HAD GRANTED A VARIANCE FROM ORDINANCE 9500, BY ELIMINATING REQUIREMENT THAT A UNITY OF TITLE BE PROVIDED PRIOR TO ISSUANCE OF BUILDING PERMIT, AND BY ELIMINATING REQUIREMENT THAT APPLICANT POST A PERFORMANCE BOND OR LETTER OF CREDIT OF $250,000, ETC. (Continued to October 24th). ------------------------------------------------------------------------------ Mayor Suarez: Item 30. Chinatown. Mr. Sergio Rodriguez: On Chinatown. Mayor Suarez: Now, we are expected to waive the bond of two hundred -and -fifty thousand dollars ($250,000) that allows them to build this project without the required parking. To waive unity of title. Mr. Rodriguez: We have a letter on record that a Mr... Mayor Suarez: What else are we going to waive, Sergio, before these people really show the ability to build this project? Mr. Rodriguez: At this point, they are asking for a continuance until the meeting of the 24th at 4:00 p.m. Mayor Suarez: Do you expect that on the meeting of the 24th they are going to show up with something a little bit more concrete than this? I mean, we've never worked with anybody as much as with these folks. 1 Mr. Rodriguez: I know. We are still working with them following your directions that we try to get something done in that area, and they haven't been able to fulfill the requirements that will satisfy the need to have something over there that you can feel secure that it will be OK, you know. So... Mayor Suarez: You think you're going to have answers on the 24th? Mr. Rodriguez: I think it's worth trying one more time. 235 October 3, 1991 Mayor Suarez: OK. I'll entertain a motion on that. Commissioner Alonso: A continuance? Vice Mayor Plummer: What are we doing with it? Mayor Suarez: We are continuing it to the 24th until we have better assurances from them that they can actually do this thing. Commissioner Alonso: OK, I so move. Vice Mayor Plummer: All right. Mr. Mayor, we have a letter, just to put on record from the Dade Heritage Trust requesting that this site be designated a historical site. So, I am just putting that on the record so that the owners are aware that they are requesting such designation. Mayor Suarez: Is the Dade Heritage Trust proposing any monies to help us to make this a historic site? Vice Mayor Plummer: I am sure not, sir. Commissioner Dawkins: No, they are not, Mr. Mayor. Mayor Suarez: Thank you. All right. But it will be in the record. Moved and second on the continuance. Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-739 A MOTION TO CONTINUE AGENDA ITEM 30 (PROPOSED RESOLUTION CONCERNING THE CHINATOWN PROJECT, AT 1801- 1859 BISCAYNE BOULEVARD, TO ELIMINATE CERTAIN DESIGNATED PRIOR REQUIREMENTS; ETC.) TO THE MEETING PRESENTLY SCHEDULED FOR OCTOBER 24, 1991, FOR PURPOSES OF FURTHER NEGOTIATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 236 October 3, 1991 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Can I go back please? Sergio, is the continuance for the purposes of them offering something other than what has been offered here now? Mr. Rodriguez: It's for the purpose of clarifying the substitute documents that we believe they can provide to satisfy your requirements. Basically, you asked them for a unity of title, and you asked them for a provision of a bond. They cannot fulfill those requirements and we are negotiating with them as to possible substitute for that. In the case of the unity of title, we asked them for more information, and more assurances through a deed restriction, for example, in the property that will give you the same assurance. Vice Mayor Plummer: That's the New York property? Mr. Rodriguez: And the New York property will be the property that will be used instead of the requirement for the bond. Vice Mayor Plummer: OK. I just want to make sure that the Law Department in any document that you write, if we do, we, the Commission, accept that New York property as the performance bond. That, in fact, it is fully written in that quietly, if they don't perform, that they give up all rights to the City taking possession. Mayor Suarez: J.L., I think by the time... if that's the way it's going to come to us, there is no way you're going to approve it. By the time you hear the complications implicit in a deal where they would pledge New York property against these obligations, there is no way that you, if I know you, that you will ever approve it. You might as well tell them that, Sergio. Mr. Rodriguez: Yes. Mayor Suarez: I can't imagine Commissioner Alonso, Commissioner Dawkins, as much as he wants this deal to go through, or I, or Commissioner De Yurre who is a lawyer, ever approving something that involves a land pledged in New York State, subject to all of the kinds of concerns that we would have to check over there with our lawyers, and what are we going to get? - a title of insurance binder from New York State that we don't even... no one in the City Attorney's office has probably looked at one of those in years. That's crazy. Mr. Rodriguez: We already advised them of that. Mayor Suarez: If they have land in New York, let them get a loan on it, and get some money, get a letter of credit, get something that we can look at. 237 October 3, 1991 iYTt i Vice Mayor Plummer: That's fine. Mr. Mayor... Mr. Rodriguez: We're looking for local property that they can tie to this. — Vice Mayor Plummer: They don't have it. Mr. Rodriguez: Well, the property in which they have a mortgage already, that's what we are looking at. If you can accept that, that's when we will bring it to your attention at that point. At this point... Mayor Suarez: You know, it reminds me of the poor old fellow who said he was going to sell some property in California and to comply with his obligations in the Merrill -Stevens site deal... Commissioner Alonso: That's right. Mr. Rodriguez: We agree. Mayor Suarez: It's sounds... OK. Mr. Rodriguez: Yes, that's the position we have taken so far. Commissioner Alonso: And you know what happened to it. Vice Mayor Plummer: We're still waiting. Mayor Suarez: You might relate that to him. Mr. Rodriguez: Oh, we have told him already. Mayor Suarez: Because you know, poor fellow, I mean, he has put a lot of effort into this and we'd like the project to happen, but that sounds a bit too much. Mr. Rodriguez: This is so complicated legally. Commissioner Alonso: We have done everything in our power to help, but this is getting to be ridiculous. Mr. Rodriguez: This is so complicated legally, that we have been working very closely with him and advised him that the chances are very slim if he continues with what he is proposing. Mayor Suarez: All right. Yes, it's a bit... Mr. Rodriguez: As far as the recommendation from the staff. I 1 Mayor Suarez: Thank you. OK, did we call the roll on that? Vice Mayor Plummer: Mr. Mayor, let me stand corrected. already been listed on the National Registry as of 1988. 238 These sites have October 3, 1991 r& Mayor Suarez: OK. When we get into that issue, which we didn't really today, Mr. Tanfani, I would really, really appreciate it if you would suggest to your editors that if you're going to write about historic preservation, or anything of any real substance, you don't do it in a little squib with sort of in brief notes, you know, of gossipy stuff. Something like that really, really deserves a much larger article. And I know they are trying to say something to the public, I guess, but 1t comes out so distorted when it's so brief like that. You know, I went into a whole long explanation why historic preservation, if you don't come up with some resources, is a bit of a false promise to the people, and a bit of a deception, and instead it comes out as a quote that makes it sound like it's all economics. It's not really what I mean, but... Vice Mayor Plummer: Yes, but what is the significance of national historic designation? Mayor Suarez: Again, that would require another Commission meeting to... Vice Mayor Plummer: What does that do, what I am saying is, to the developer? Mr. Rodriguez: You want to get into this now? Vice Mayor Plummer: We know in our ordinance it can delay him six months. If it's designated by the national, are there different criteria? Mayor Suarez: I think it helps with the IRS. Mr. Rodriguez: Tax Mayor Suarez: Yes. Mr. Rodriguez: Do you want to get into this now? I could go into details, but I don't think you want to do. Vice Mayor Plummer: No, no, send me a memo. Mayor Suarez: No, no, please. Commissioner Alonso: No, no, not today. Mayor Suarez: And by the same token, the Herald, I wish you would do a whole feature on that and not just a little note that kind of distorts the whole item. And it's not your fault, but it's the City Editor. I'll bug her to death about it. Maybe, we can get a tittle bit bigger handling of those issues. 239 October 3, 1991 ¢i r i4..f.Y----ill-----------------------r---- `Yr-- .-r-+..-------------r----------i#iWai�Y riY 42. DIRECT MANAGER TO REALLOCATE APPROXIMATELY $500,367 IN UNEXPENDED 10TH YEAR COMMUNITY DEVELOPMENT PROGRAM FUNDING FROM CDBG PROJECT: LITTLE HAVANA MULTIFAMILY REHABILITATION PROGRAM, TO FUND ACQUISITION OF SLUM AND BLIGHTED PROPERTIES (BISCAYNE BOULEVARD AND N.E. 5 AVENUE BETWEEN N.E. 62 AND 63 STREETS) FOR DEVELOPMENT OF MIXED -USE RESIDENTIAL PROJECT. Mayor Suarez: Item 31. Vice Mayor Plummer: Move it. Commissioner Alonso: Withdrawn. Vice Mayor Plummer: Item 31 is... Mayor Suarez: Withdrawn? Commissioner Alonso: Withdrawn. Commissioner Dawkins: No. Commissioner Alonso: You said that it was withdrawn. Mr. Bailey: No, it's not withdrawn. Commissioner Dawkins: No, it's not withdrawn. Commissioner Alonso: It is not? Mr. Bailey: No, no. Commissioner Alonso: It's back. Vice Mayor Plummer: I move it. Commissioner Alonso: That's what they say here. Mr. Odio: No, I'm sorry. That's... Commissioner De Yurre: second. Mayor Suarez: Moved and seconded. It's back, it's alive. discussion on this item? If not, please call the roll. Is there is any October 3, 1991 RESOLUTION NO. 91-740 A RESOLUTION, WITH ATTACHMENT, DIRECTING THE CITY MANAGER TO REALLOCATE APPROXIMATELY $500,367 IN UNEXPENDED TENTH (LOTH) YEAR COMMUNITY DEVELOPMENT PROGRAM FUNDING FROM THE CDBG PROJECT ENTITLED "LITTLE HAVANA MULTIFAMILY REHABILITATION PROGRAM," FROM THE PURPOSE OF PROVIDING FUNDING TO UNDERTAKE THE ACQUISITION OF SLUM AND BLIGHTED PROPERTIES SITUATED AT BISCAYNE BOULEVARD AND NORTHEAST 5TH AVENUE BETWEEN NORTHEAST 62ND AND 63RD STREETS IN NORTHEAST MIAMI FOR DEVELOPMENT OF A MIXED -USE RESIDENTIAL 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, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. -------------------------- ---------------------------------------------------- 43. APPROVE REQUEST BY ROBERT D. KLAUSNER, ESQ., FOR LEGAL FEES ($16,611.23) INCURRED BY OUTSIDE COUNSEL CONCERNING DEFENSE OF MIAMI POLICE OFFICERS MARTIN GARCIA AND ALBERTO PUMARIEGA. -----------------------------------•------------------------------------------- Mayor Suarez: Item 32. Bob Klausner. Vice Mayor Plummer: Is he here? Robert Klausner, Esq.: Right here. Afternoon, Mayor, Commissioners. Vice Mayor Plummer: Yes, there he is. Mayor Suarez: Have you been able to segregate for us what percentage of the legal work is really attributable to the legal work is really attributable to the issue that we ultimately did not prevail in the Appellate Court? Mr. Klausner: Those were the hours which I gave you. Did you see the September 24th letter with attachments? 241 October 3, 1991 Mr. Klausner: I gave you an hourly breakdown of only those hours attributable to this matter. I cut off... Mayor Suarez: What does it come out to be on a lump sum figure? Mr. Klausner: It was, on a lump sum figure, sixteen thousand six hundred and eleven dollars and twenty-three cents ($16,611.23) of which fifteen thousand nine ninety-five was attorney's fees at a hundred dollars an hour, representing... Mayor Suarez: Is that for all the cases? Mr. Klausner: That is for... Mayor Suarez: Both of them? Mr. Klausner: That's for the Circuit Court... that's for both officers for the Circuit Court, the Court of Appeals and the Florida Supreme Court. And six hundred and sixteen dollars and twenty-three cents ($616.23) the court cost. Mayor Suarez: Right. Commissioners, what's your pleasure? Vice Mayor Plummer: Well, let me ask this question. This was the case as I recalled in which... Mr. Odio: The Overtown Review Panel - subpoena them, and they refused to go. Vice Mayor Plummer: What is your recommendation, Mr. City Attorney? A. Quinn Jones, III, Esq.: Mr. Vice Mayor, as I indicated to you, to all of you at the last meeting, the payment Mr. Klausner is seeking, I think there is a disagreement between his interpretation and of course, the statutory provision that I think he should be proceeding under which makes it discretionary on the part of this Commission to pay. You know, there is a Supreme Court case that Mr. Klausner cited that would indicate that the City should pay. There also is another provision which makes it discretionary on your part to pay, given certain criteria. My recommendation in this instance would be not to pay. Vice Mayor Plummer: Mr. Manager, what is your recommendation? Mr. Odio: How can I go against my lawyer? Vice Mayor Plummer: No, your recommendation. He says it's discretionary. Mayor Suarez: Well, there are some cases that indicate that we have discretion and some cases indicate that we must pay. Commissioner Alonso: I think we should pay. 242 October 3, 1991 Vice Mayor Plummer: Yes. Mr. Odio: OK. The way I feel about it is it was caused by us, by an action of the City. Commissioner Alonso: So, let's move to approve. Mayor Suarez: So moved. Vice Mayor Plummer: Second. Mayor Suarez: Mr. Cotera. Mr. Al Cotera: Yes, sir. Mayor Suarez: For my favorable vote, sir, all I can tell you is, don't fight us in the future when we try to do this. We'll make sure we win in court and then we're going to go after your union for fees to be paid back to our City Attorney's office. I do have to say though that you've otherwise cooperated with the City on budgetary items recently and I suppose we should take that into account. Somehow, 1 also wouldn't want your officers to take this as an indication that in the future we're going to be paying all of these, particularly, when it's so important a Commission decision as that one was, and when it could have been worked out if we had all sort of gotten our act together, and there, maybe, is where we failed. We didn't push the panel into negotiating the issue with you as much as they should have, and that's maybe, where again, we failed. And I don't know where we dropped the ball there. And it's not the biggest amount of money in the world, I just worry about the precedent to be set here. That you opposed this Commission's policy and we end up having to pay attorney's fees. Vice Mayor Plummer: Let me go on the record also. In the future, any cases in which a City employee is a defendant and do not avail themselves of the City Attorney's office of the City to represent them, do not expect payment for outside counsel unless it is beforehand approved by this Commission. I don't want anybody that is a defendant, whether you like the City Attorney's office or not, to run out and get private counsel and expect us to pay for it. Mayor Suarez: Well, I think what you wanted last time was that they notify... that they request City Attorney help first before they apply for outside counsel fees, and of course, in this case, that wouldn't have been practical, because they... Vice Mayor Plummer: No, it's not in this case. Mayor Suarez: (tight Vice Mayor Plummer: I am saying in cases... Mayor Suarez: In the normal run of the mill case, yes. 243 October 3, 1991 Mayor Suarez: Yes. All right. Hopefully, it doesn't set a precedent for any of those cases. It's really not related. It was an unusual, extraordinary situation. Hopefully, it won't come up again. We have a motion and a second. Any further discussion? If not, please call the roil. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-741 A RESOLUTION APPROVING REQUEST BY ROBERT KLAUSNER, ESQ., FOR REMUNERATION, IN THE AMOUNT OF $16,611.23 FOR OUTSIDE LEGAL COUNSEL IN CONNECTION WITH LITIGATION INVOLVING OFFICERS GARCIA AND PUMARIEGO OF THE MIAMI POLICE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins. ABSENT: None. NOTE FOR THE RECORD: At this point, Agenda item 33 was withdrawn. 244 October 3, 1991 44. (A) GRANT REQUEST BY MIAMI MILE COMPANY AND NATIONAL COMMUNICATIONS _ SALES PROMOTIONS, INC. (MIAMI MILE) - TO EXTEND NUMBER OF HOURS FOR CLOSURE OF DESIGNATED STREETS. (8) APPROVE FUNDING REQUEST BY MIAMI MILE COMPANY FOR IN -KIND CITY - SERVICES ($5,000) FOR INTERNATIONAL PROMOTION SERVICES IN CONNECTION WITH ITS EVENT. ` Mayor Suarez: Item 34. Commissioner De Yurre's request, Miami Mile Company to request in -kind services. I presume that does not mean what you really are saying there, Bob, but it means, you want the use of the street. Mr. Robert J. Rodriguez: Well, it means a lot of things, Mr. Mayor. But, good afternoon, Mr. Mayor and members of the Commissioner. My name is Bob Rodriguez, and I am president of a company called Natcom Sales Promotion. And I am really honored to tell you that we fought real hard to bring this mega event to Miami called the "Miami Mile." We have signed a title, and I am not allowed to disclose it until the press conference. We competed against four cities including Atlanta, Tampa, Orlando, Miami Beach to bring the "Mile" to Miami. In the last resolution that was passed where you gave us permission to close the streets, the permission was only granted for four hours from 10:00 a.m. to 2:00 p.m. It was actually supposed to be from 8:00 a.m. to 5:00 p.m. Now... Mayor Suarez: We can solve that if it is true... Mr. Rodriguez: This is intermittent closings. Mayor Suarez: ... after your press conference that you have the kind of exciting event that you're intimating that you have. I don't think that's the problem. The problem is that, I think, you're out here to ask for something more than that. Mr. Rodriguez: Well, we are, and... Mayor Suarez: If you want to take up the issue of the extended hours, I have no problem with that. Vice Mayor Plummer: No problem at all. Mayor Suarez: Move that, Vice Mayor. You want to second it, Victor? Commissioner De Yurre: Second. Mayor Suarez: Second. Call the roll. Mr. Rodriguez: Can I...? Mayor Suarez: Yes, we're going to get to that, but we might as well separate the easy part from the hard part. 245 October 3, 1991 A RESOLUTION GRANTING REQUEST BY MIAMI MILE COMPANY AND NATIONAL COMMUNICATIONS SALES PROMOTIONS, INC. BY APPROVING AN EXTENSION OF THE HOURS FOR STREET CLOSURE (BISCAYNE BOULEVARD FROM N.E. 5 STREET TO S.E. 1 STREET; N.E. 6 STREET FROM N.E. 1 AVENUE TO PORT BRIDGE; N.E. 3 STREET FROM N.E. 1 AVENUE TO BISCAYNE BOULEVARD; N.E. 2 AVENUE FROM N.E. 4 STREET TO N.E. 5 STREET) FROM 8:00 A.M. TO 5:00 P.M., IN CONNECTION WITH ITS "MIAMI MILE" EVENT. Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. Mayor Suarez: Now, as you tell us about this very exciting "Miami Mile," you might want to tell us, is this at all like a dream mile, and is there any kind of a trade name rights to that concept? - or what exactly are you doing that would entice us to spend one cent on this? Mr. Rodriguez: OK. The "Mile" concept Mr. Mayor, was actually invented in New York with the "Fifth Avenue Mile." In fact, researchers indicated that it is a one million dollar production and as you got... the people that do know me understand that for ten years I've been building a company based on big projects for the City of Miami. The project in itself, and why I am here with respect to in -kind services, is that if we can get anywhere near close to level of a ten million dollar contribution to our local economy in the event, then I need some help in the first year so that we can go on and build the "Grand Prix of Miami" for many years to come. Now, we have signed the title and the title is a Fortune 100 Company, very prestigious and very well recognized, and we have signed other sponsors like Publix Supermarkets, Nabisco, General Foods, et cetera. The event itself will generate international television including in Tokyo, Japan and all over Latin America, as well as Europe. We are featuring the first ever Latin American Cup which would feature Olympic runners that will be coming from the Caribbean and Latin America. And I have to stress to you and the people that have seen the video, such as Commissioner Alonso, this is a multimillion dollar production, and we feel that it could be a wonderful program for the City of Miami for many years to come. What I have asked and proposed is that our police budget is approaching the ten thousand dollar mark. I asked for in -kind services of the first year, a five thousand dollar cap. And that's what I am requesting now. 246 October 3, 1991 y Keep also something in mind that if we are generating the kind of international press that we assume we are generating with television and commercials and network television and local television, and we make anywhere near the impact on the economy that the "New York Fifth Avenue Mile" does, or the "L.A. Mile" does, then it's a small percentage, from a partnership prospective, to help me or help our organization move this event to the Grand Prix status which we think we can accomplish in 1991. Commissioner De Yurre: Mr. Mayor, I'll move five thousand dollars contribution. Mayor Suarez: So moved. Vice Mayor Plummer: Does that give us the right of audit? Mr. Rodriguez: I'm sorry? Vice Mayor Plummer: Does that... any in -kind service, doesn't that give us the right to audit? Mr. Odio: Yes, sir. The whole thing. Vice Mayor Plummer: And that no monies can be disbursed until the audit is completed. Is that correct? Mr. Odio: That's right. Vice Mayor Plummer: OK. I vote... I second the motion. Mr. Rodriguez: I need to clarify with respect to... Mr. Odio: This is a for profit event. Mr. Rodriguez: This is a for profit event. Vice Mayor Plummer: I understand that. But we have the right to audit your books. Mr. Odio: I think we have the right to get our... that they pay the Police Department too, you know. Vice Mayor Plummer: Excuse me? Mr. Odio: It is a for profit event and this is not... Vice Mayor Plummer: Well, Mr. Manager. Commissioner De Yurre: Well, it's a for profit event just like Grand Prix is 1; for profit event. Vice Mayor Plummer: Exactly. Commissioner De Yurre: And we donate significant monies to it. 247 October 3, 1991 Mr. Odio: That's right. Commissioner De Yurre: Right, Vice Mayor Plummer: Exactly. Now, you know, I am assuming that this... Commissioner De Yurre: How much do we give the "Grand Prix"? Vice Mayor Plummer: In -kind? Commissioner De Yurre: In in -kind services, and the whole nine yards? Vice Mayor Plummer: I don't remember. This is national television, is that correct? Mr.. Rodriguez: This is international television. Commissioner De Yurre: Hold it. How many... how much money more or less, Mr. — Odio? Mayor Suarez: My understanding is that we don't give any more direct subsidy to "Grand Prix" at all. Vice Mayor Plummer: Oh, yes. Mr. Odio: Oh, yes, we do. Vice Mayor Plummer: Yes, you do. Mayor Suarez: What do we give them? Vice Mayor Plummer: You give them in... Mr. Odio: How about four hundred thousand dollars a year. Vice Mayor Plummer: No. Commissioner De Yurre: Four hundred... Mr. Odio: Two hundred thousand in -kind we have to pay... Vice Mayor Plummer: In -kind. Mr. Odio: ... and two hundred thousand in services. Vice Mayor Plummer: Roughly. Commissioner De Yurre: Oh, good. So, it's basically the same concept. Vice Mayor Plummer: I think this is money well spent if, in fact, we are going to get national exposure for five thousand dollars, it's money well spent. Mr. Odio: But, why don't the Convention Bureau do things like that? 248 October 3, 1991 A Vice Mayor Plummer: Well... why don't they? - I don't know. OK? As long as we have the right to audit the books, that's all I am asking for. Mayor Suarez: What about the Sports Exhibition Authority? Are you guys already involved in this thing? Commissioner Be Yurre: Sports Authority... it came through the Sports Authority. We were the ones that brought it down here. Mayor Suarez: But I mean, how much is the Sports Authority going to put into it? You guys don't feel that's something... Commissioner Be Yurre: We are putting significant money, I can't... off hand, I can't tell you the amount, but we are contributing also. Mr. Rodriguez: understand that the budget on this production is a million dollars, and it is totally international television. But if you imagine for a second where a gentleman like Steve Cram who is the world record holder of the mile from England, will be here with all of his press force in January, where the decisions are made to travel from the northern side to the southern side. And it is an Olympic year, and this is an Olympic caliber event. Mayor Suarez: You know, I would much prefer to... for five hundred difference, Bob, because I know you and I believe you, but I much prefer to lower it to forty-five hundred and let the Manager use his discretion in negotiating with you. Because all those things you're saying, I am inclined to believe. Mr. Rodriguez: Mr. Mayor, we are talking about... and I... the Sports Authority has seen our budget. I have presented the video to Commissioner Alonso as well as to Commissioner Be Yurre. The program is a multimillion dollar project. I am asking you to help me with in -kind services. Our budget on the police is ten thousand dollars. I will not be back the second year. I am trying... Mayor Suarez: No, in -kind to us is... does not have any significance, it's still money out of our pocket. Vice Mayor Plummer: The motion on the floor is to give a grant of five thousand dollars. Is that correct? Mayor Suarez: OK. So moved and seconded. Any further discussion? If not, please call the roll. Vice Mayor Plummer: With the right of audit. 249 October 3, 1991 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: R ESOLUTION NO. 91-743 A RESOLUTION ALLOCATING AN AMOUNT NO1 TO EXCEED $5,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE MIAMI MILE SPORTS EVENT TO BE CONDUCTED BY NATIONAL COMMUNICATIONS SALES PROMOTIONS, INC., AND THE MIAMI MILE COMPANY, TO BE HELD JANUARY 18-19, 1992 IN DOWNTOWN MIAMI, SAID ALLOCATION TO ASSIST IN THE PAYMENT OF REQUIRED CITY SERVICES IN CONNECTION WITH SAID EVENT; CONDITIONED UPON THE CITY'S RIGHT TO AUDIT THE ORGANIZERS' ACCOUNTING RECORDS; AND FURTHER CONDITIONED UPON COMPLIANCE WITH ANY CONDITIONS OR LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Aionso Vice Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: As much as I like you, I won't Le able to distinguish between what you are doing, and Reverend Hernandez is coming up in a little while where I have to vote consistently, so, I have to vote no. COMMENTS MADE AFTER ROLL CALL: i Mr. Rodriguez: Thank you. NOTE FOR THE RECORD: At this point, item number 35 was withdrawn. 250 October 3, 1991 45. DIRECT MANAGER TO GRANT FUNDING REQUEST BY GREATER MIAMI BLACK RESOURCE GUIDE IN SUPPORT OF RESEARCH CONCERNING PRODUCTION OF A COMPREHENSIVE DIRECTORY OF BLACK -OWNED BUSINESSES IN THE CITY. ------------------------------------------------------------------------------ Mayor Suarez: Item 36, Greater Miami Black Resource Guide to discuss a proposal for research support. Alvino Monk. If you want to use this one here - you are a little bit more visible over here. Mr. Alvino Monk: OK. Vice Mayor Plummer: That's what he wants. Mr. Monk: Good afternoon, Mr. Mayor and Commissioners. This item here responds to... first of all, my name is Alvino Monk, I am the marketing communications director for the Greater Miami Black Resource Guide. My associate, Fatima Zaid, she is the director of Research and Development for the Black Resource Guide. The item responds pretty clearly to Commissioner Alonso's and Commissioner Dawkins' inquiries at this meeting today, and to General Services Administration's need to identify and utilize more minority vendors, particularly black vendors. It is also a response to Commissioner De Yurre and Commissioner Plummer as well as to the Mayor's desire, to help mainstream minority vendors. The Greater Miami Black Resource Guide proposes to conduct extensive research in canvassing the black communities in the City of Miami to locate and verify the existence and operations of black -owned businesses. We will then develop a data base on these businesses and produce a directory for mass dissemination of this information. The Greater Miami Black Resource Guide is a thirty-three year old vision and recreation of a black directory published in 1958. Our onetime request for financial support from the City of Miami in the amount of twenty-five thousand dollars will assist us in completing our research. The City of Miami and its elected officials will be given extensive exposure in the directory and the Greater Miami Black Resource Guide will be self-sustaining after the first year. We would appreciate your support of our initiative, and helping us to get this off the ground and out for 1992. Thank you. Commissioner De Yurre: Mr. City Manager, would there be something that maybe Economic Development can help them? Mr. Odio: Without money? - Yes. We don't have that money. All the money was allocated through the CDBG (Community Development Block Grant) process. Commissioner De Yurre: OK. But, I am talking about getting in line now for next year to get the money. Mr. Odio: Oh, sure, yes. We can help him prepare the application and put him through the process for the next allocation year. Mayor Suarez: On which side of the CDBG definition? 251 October 3, 1991 PIP Mr. Odio: The economic development. Mayor Suarez: On economic development? Mr. Odio: Yes. Could be, no, Frank? Mayor Suarez: Do you think that's going to fly, Frank? Mr. Odio: Frank, don't look that way. Mr. Frank Castaneda: That will not fly because that's really marketing. And marketing, HUD (Housing and Urban Development) has always wanted a clear determination as to which jobs were created, and with marketing that is very difficult to do. Mayor Suarez: You know a4ter the morning sessions where we had such a hard time awarding any contracts to black -owned companies... Commissioner Alonso: Indeed. Yes. Mayor Suarez: ... as Commissioner Dawkins was heard to whisper at the time, it almost makes it impossible to reject your proposal. The problem is that this is what the City... we thought the City staff would have been doing, in- house, with our resources, and the only thing I can think of is the same question I asked the prior group, for myself is, are you willing to... I don't know. Maybe, I should leave that to see if it flies. But I would be inclined to let the Manager, within his discretionary amount, which is only forty-five hundred dollars, see if this will be helpful to him in fulfilling the duties that we asked him this morning to fulfill, in identifying black contractors, vendors, and suppliers, et cetera. And if so, leave it to his discretion to find forty-five hundred dollars. But we don't have twenty-five thousand dollars in the budget. And if each time, each item that comes up we find a good reason, and yours is a darn good reason, ultimately we will be at the end of the year like we were this year, which is also part of the morning discussion, which is with... what was it? - one point four million dollars less than what we ourselves have decided is the minimum reserve fund that we should have, the fund balance as we call it. Commissioner De Yurre: Just for the record, it should be stated, Mr. Mayor, that the whole project is estimated to run a good one hundred thousand dollars to put it all together. So, it isn't like... Mr. Monk: Two hundred thousand dollar budget, sir. Commissioner De Yurre: Yes, but you told me you could get it done for about a hundred. Mr. Monk: Yes, we can. Commissioner De Yurre: Just to be on the record. Mayor Suarez: Will they have advertising to go with the guide? Mr. Monk: Yes. 252 October 3, 1991 ��rrnN ro t,, r Mayor Suarez: You would be selling advertising? Mr. Monk; It is an advertiser supported directory. Mayor Suarez: And I presume it's a nonprofit entity that's doing this. Mr. Monk: It's a for profit entity. Mayor Suarez: For profit? Mr. Monk: Right. And we feel that it is an economic development component that we are addressing as well in the sense that... Mayor Suarez: Another one that's perfect with the Greater Miami Convention and Visitors Bureau - Beacon Council. Mr. Monk: We11, if I may, Mr. Mayor. Mayor Suarez: Other entities that are out there that are funded by... indirectly by taxes although they have a hard time admitting that. Mr. Monk: Well, there are six thousand seven hundred and forty-seven black - owned businesses in the Greater Miami area, and at this point, I don't think anybody knows where there is any more than one thousand of them. There is a need to conduct this kind of research, especially in view of the fact... Mayor Suarez: I agree. Mr. Monk: ... that the City awards so much monies in terms of contracts and all, and there is a constant excuse. I would have to say that there are not enough black vendors around, there are. Mayor Suarez: Alvino, what is the Beacon Council putting into this? Mr. Monk: The Beacon Council has agreed to give us some research support. Mayor Suarez: Oh, that's lovely. Mr. Monk: I have asked them for more funding. Mayor Suarez: Lovely. We'll give you a lot of research support. Mr. Monk: Yes. And the Greater Miami Black... the Convention and Visitors Bureau is only giving us twenty-five hundred dollars toward the project. We desperately need what it is that we are asking for in order to complete it because it is research intensive, a lot of man hours, a lot of computer work... Mayor Suarez: If you ask for a meeting before the Beacon Council board of directors, all I can tell you is that I'll offer to go with you and help to make the presentation and maybe, the rest of this Commission would also like to go with you, because I... to me, it's squarely within their jurisdiction. It's a great idea, they should be contributing major, major financial support, not just research support. 253 October 3, 1991 Mr. Monk: Right. There are other agencies and departments, in the City that = should be doing the same as well. We feel that there is a responsibility on behalf of the City of Miami to help us to identify... Mayor Suarez: That's why I was saying that if we get... left it at the discretionary amount of the Manager, we still don't have the money, but it gets to the point that it's almost as we say in the law, de minimis, it's just a small amount of money that we... he has to have some discretion but much more than that, we just don't have the money. How are we going to distinguish between yours again and Reverend Hernandez who is going to come up here in a little while asking for money for the jail ministries? And you know, it's social services in that case. In your case, it's economic development or... Commissioner De Yurre: Mr. Mayor, let's do the following. To direct him to the City Manager to assist him with as much money as he can within his own discretion, and to assist him in any other resources that we have available... Mayor Suarez: So moved. Commissioner De Yurre: ... to help in the process. Commissioner Alonso: Second. Mayor Suarez: Moved and Seconded, Commissioner Alonso, and please don't forget the idea of the Beacon Council. I'd love to hear their board decide on this issue, I really would. Vice Mayor Plummer: Don't hold your breath. Mayor Suarez: Because I just can't imagine them turning it down. Call the roll. Mr. Monk: Fine. Thank you. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-744 A MOTION REFERRING TO THE CITY MANAGER REQUEST RECEIVED FROM REPRESENTATIVES OF GREATER MIAMI BLACK RESOURCE GUIDE FOR RESEARCH SUPPORT REGARDING PRODUCTION OF A COMPREHENSIVE ADVERTISEMENT DIRECTORY OF BLACK OWNED BUSINESSES IN THE CITY; FURTHER DIRECTING THE CITY MANAGER TO ASSIST THEM, WITHIN HIS OWN DISCRETION, WITH ANY RESOURCES WHICH MIGHT BE AVAILABLE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 254 October 3, 1991 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso i Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez - NOES: None. ABSENT: None. ----------------------------------------------------------------------------- 46. REFER TO WATERFRONT BOARD REQUEST BY MR. GUY BOOTH THAT THE NORTH SEA WALL AT DINNER KEY MARINA BE A COMMERCIALLY DESIGNATED AREA OR SLIP. ------------------------------------------------------------------------------- Mayor Suarez: There is an item a little bit farther down which is item 39, I just want to make an announcement. If Mr. Guy Booth is here on item 39, this, Mr. Manager, I would suggest that it be referred directly to the Waterfront Board and then they can bring it back to us. He doesn't seem... there he is. This is somewhat of our mistake. This has to go under our ordinance to the Waterfront Board first. And, you know, I am sorry that we kept you here all day. It doesn't sound like it would be problematic. If you have any problems with the Waterfront Board, let us know and we will try to get it resolved after that. 47. DISCUSSION CONCERNING REQUEST BY BUSINESS ASSISTANCE CENTER COMMUNITY CREDIT UNION FOR A ONE-TIME CASH DONATION. Mr. Odio: Mr. Mayor, on item 37, I need to put on the record a letter we have from the County in which, clearly... Mayor Suarez: OK. Well we are up to item 37 now, so it's appropriate - anything that relates to item 37. Mr. Odio: The County is saying that they do not qualify for a credit union and... Mayor Suarez: Who from the County is saying that? Mr. Odio: The County Manager signed the letter and also, we have one from HUD (Housing and Urban Development) on these same conditions, so. Commissioner Dawkins: What does HUD say? Mr. Odio: That they are not eligible. Commissioner Dawkins: Why? Give me the reason, please, Mr. Manager. 255 October 3, 1991 Mayor Suarez: Now, was it for a CD (Community Development) loan float? It can't be that because I think it's a grant now. Newell, when you first floated the idea, I'm sorry to use that term... Mr. Newall S. Daughtrey: It's all right. Mayor Suarez: ... It was more because you had felt... let me just see if I get a little more quiet here - please, everyone. You had felt that in view of a CD loan float we had just given to the Brahman Enterprises that something like this would make eminently good sense, and that's the way you couched it. We talked about it and I didn't know if it could be fit under that. Now, that's not your request. Your request now is like seed money or equity money to the tune of a hundred thousand dollars ($100,000). Mr. Daughtrey: Yes, sir. We originally... my name is Newall Daughtrey, I am president of Business Assistance Center and the BAC Community Credit Union. Our real intent was, of course, not to ask the City to give us any money but to try to utilize the facilities or whatever that the City might have had that would be available. And of course, I knew about the CD float, so I assumed that that might be a vehicle that we could use in the positive arbitrage. Well apparently the County - we made an application both to the City and to the County - the County informed us that they, first of all, wasn't sure 1f it could be done so they made a request of HUD in Jacksonville and I think, in Atlanta. And apparently, Jacksonville HUD said that they don't think that this type of project, a credit union, would be eligible for CD float. Well, my issue was the feds, the NCUA suggested to us that the twenty thousand dollars of capital that we have to start the credit union is not sufficient, that we need to try to raise more capital. And of course, the purpose of the credit union is to encourage the savings habits, specifically, in the Liberty City area. And my objective again was, if we could borrow the money, use the difference, the interest earned between that, and allow that amount to be donated for private capital, paid -in capital, then we would have sufficient amount to receive our insurance. We were approved by the State for the credit union back in June of last year, but in order to be... before you can open a credit union, you need the insurance, and that's our effort. And so, we were just trying to be creative and find a way to be able to raise the money. Now, I feel like Daniel in the lion's den based on what has gone on here this afternoon. And I understand the problem, but I still have an obligation to at least to make every effort to try to see if we can raise some money to help us create this credit union. Because we believe... Mayor Suarez: Well, not necessarily, requests could hardly be categorized efforts that fall within the Community Mr. Daughtrey: Yes, sir. because I mean, some of the other prior as your classic economic development Development Block Grant concept. Mayor Suarez: Now, there may be some specific findings that it doesn't in fact fall within that, but you're the kind of thing that we want to promote in the City, and I don't think it would be out of order for us to consider that as part of our CDBG grant application process which begins pretty soon. The problem is that apparently he has got already a preliminary finding that says that there is no way. 256 October 3, 1991 s Mr. Frank Castaneda: You see, when we met with Newall, the issue was the positive arbitrage thing and that was not an eligible activity. At the same time the Metropolitan Dade County was reviewing the same issue and they were reviewing the issue of a credit union. HUD told them that a credit union, since they help individuals and not businesses, cannot be considered an economic development activity, and for that reason, it is not eligible. And that's the opinion from HUD in the attached letter and the County Manager's letter refers to that. Mayor Suarez: A credit union by definition, is there always individuals? It cannot be a component, or a division, or some part of it that clearly is for businesses? Mr. Daughtrey: Credit unions are primarily to help individuals, and it can also help private nonprofits. In fact, our credit union is for all private nonprofits and all individuals. But it is targeted specifically for people who need to develop the thrift habit. Because we all know that all new businesses, or most new businesses, are started from personal savings and family borrowing. And what we are trying to do is to put in place and to help develop the infrastructure to allow that to come out of our community. The only reason that I really applied originally is that I do know that the County has, using Community Development Block Grant funded credit unions. In fact, it funded the Model City's Credit Union. Now, again, rules change and I am aware that rules change. Mayor Suarez: How does that square off with their present opinion? Does anybody know? Do you know, Newall? Mr. Castaneda: No. That's the problem also. I have not reviewed the issue of credit union because about six years ago, we funded also the Model City's Credit Union - I think to the tune of fifty thousand dollars ($50,000). Since then, HUD has changed their opinion and now credit unions are not eligible. Mr. Odio: They are not. Mayor Suarez: Well, the best thing we can do, I guess, on this item, unless anybody has any better ideas, is refer to the Manager for continuing study, but not with any great prospects right now. You are creative, don't give up, and we'll see if we can think of something, I don't... Mr. Odio: Bye Newall. Mr. Daughtrey: All right. Thank you very much. Mayor Suarez: It's about as nice a way of saying, bye Newall as there is. 257 October 3, 1991 Wu',�F r-r-------------------------------------------------------- 4B. (A) GRANT REQUEST BY PUERTO RICAN CULTURAL FOUNDATION, INC. FOR A FEE WAIVER CONCERNING USE OF BAYFRONT PARK. (B) REFER TO MANAGER FURTHER REQUESTS FOR ASSISTANCE BY PUERTO RICAN CULTURAL FOUNDATION, INC. CONCERNING ITS PARADE AND FESTIVAL, STIPULATING THAT IF CITY ASSISTANCE WERE GRANTED, CITY WOULD RETAIN RIGHT TO AUDIT, AND FESTIVAL WOULD REPAY CITY OUT OF ANY PROFITS FROM THE EVENT. ------------------------------------------------------------------------------- Mayor Suarez: Item 39. We're going to get to item 52 very quickly, I know that a tot of people are here. Vice Mayor Plumper: What about 38? Mayor Suarez: Did I say 39? - I meant 38. Item 52 was scheduled for a time certain at six thirty, we are a little bit behind that, so we are going to try to get to it very quickly. Vice Mayor Plummer: Item what? Commissioner Alonso: Thirty-eight. Mayor Suarez: We promised that to the downtown community. Mr. Odio: Thirty-eight, they are requesting six thousand dollars in City services and... Unidentified Speaker: Sixty-five hundred. Mr. Odio: ... I think it's fifteen thousand dollars total cost for the park, Bayfront Park. Mayor Suarez: OK, the waiver of the fees for the use of the park itself is what we still, I think, philosophically accept in this kind of situation for a festival, and I'll entertain a motion as to that only. Commissioner Dawkins: So moved. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. 258 October 3, 1991 MOTION NO. 91-745 A MOTION GRANTING REQUEST RECEIVED FROM PUERTO RICAN CULTURAL FOUNDATION, INC. FOR WAIVER OF FEES FOR THE USE OF BAYFRONT PARK DURING ITS EVENT ON NOVEMBER 17, 1991. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Yes, this is the what year of the festival now? - the third? Mr. Luis De Rosa: This is the second year. Mayor Suarez: Second? Mr. De Rosa: Yes. Mayor Suarez: The problem is, we don't have any money, (a) we have, as a Commission policy, decided not to make any more expenditures for festivals. We've got many of them in the City of Miami that are great, we make available our facilities at no cost, except for what is out of pocket to us. Mr. De Rosa: Right. Mayor Suarez: And if having heard all of that you still want to try. Mr. De Rosa: That's right. Because I think this one as a... it's different nature in so much as that the advertisement the City of Miami, let alone the festival in itself will receive. I got a call this morning... as you know, we are a nonprofit organization and this is our second time around. The economic impact alone coming from visitors outside of the County and for that matter, the State of Florida is well over five thousand people we are expecting. Secretary to the Governor's office, the honorable Ruth Fernandez will be visiting as well, and as you can imagine the publicity will be wide spread in Puerto Rico alone. Miguel Dominiche is the president of the Commonwealth of Puerto Rico Tourism Department, who happens to be the grand marshal of the parade. Dona Fela De Recong who is the first woman Mayor of the San Juan back in the sixties and fifties, is the grandmother of the parade. So, the 259 October 3, 1991 publicity is in place. We have the Miami Herald as a sponsor and Nuevo Herald... Vice Mayor Plummert Oho forget it, forget it. Commissioner Alonso: Now, you lost us. Mr. De Rosa: But this is positive though. This is a good cause. Vice Mayor Plummer: That's it, that's it. Commissioner Alonso: Now, that did it. Mr. De Rosa: And the idea... I'm sorry. And we have Channel 23, we have Telemundo as cosponsors as well, and Super Q. Mayor Suarez: You should have said, and we have the support of an important English daily... Mr. De Rosa: Print. Mayor Suarez: ...and not said which one. Mr. De Rosa: OK. As you know, last year we had our first event and we were able to honor our debts with last year's event, and I'm looking for a long term commitment to this regard because I believe in the City of Miami and what South Florida has to offer. There is a direct economic impact, a positive economic from this festival, and it separates us other festivals in so much as that we bring people into the County. We have the people from the Governor's office coming down to this great County and we need help in so much as putting this together, because alone, this year, we can't do it. And the in -kind service that the City Manager referred to is needed desperately in order for us to have a positive, a well thought out show, and I can assure you, the success is going to benefit not only the City of Miami, but this great County as well. And we need help. And we're not asking for anything that we're not giving back in return. The publicity is there... Commissioner De Yurre: Let me ask you. Mr. De Rosa: Yes. Commissioner De Yurre: You're asking for what? -sixty-five hundred dollars ($6,500)? Mr. De Rosa: Sixty-five hundred dollars. Commissioner De Yurre: Maybe, we can't reach that much but I would move that... to instruct you to go and see the City Manager and see what he can do for you within his ability. That would be my motion. Mayor Suarez: So moved within the discretionary amount of the Manager. Vice Mayor Plummer: I'm going to second the motion with the proviso that you know that that gives us the right of audit. And that I will amend the motion, 260 October 3, 1991 1r - -- r that any profits that are made up and above expenses, come back to the City to reimburse the City for any out-of-pocket expenses. If you don't make any money, then you don't owe us anything. But above expenses, if you make any money, that the City comes first before you designate any charity or any other payee. Understand that? Mr. De Rosa: I think so. Mayor Suarez: So moved and seconded. Any discussion? For the reasons that I have stated before, I can't vote favorably but otherwise support what you're trying to do. Call the roll. The following motion was introduced by Commissioner De Yurre, who moved Its adoption: MOTION NO. 91-746 A MOTION REFERRING TO THE CITY MANAGER FUNDING REQUEST RECEIVED FROM PUERTO RICAN CULTURAL FOUNDATION, INC. IN CONNECTION WITH ITS PARADE AND FESTIVAL SCHEDULED FOR NOVEMBER 17, 1991; FURTHER STIPULATING THAT IF CITY ASSISTANCE WERE GRANTED, THE CITY WOULD RETAIN THE RIGHT TO AUDIT AND THE FESTIVAL WOULD REPAY THE CITY OUT OF ANY PROFITS FROM SUCH EVENT. Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Let me just state for the record. I would have voted no, but the Puerto Rican community I have heard so many times - and I don't necessary agree with the forgotten community - but we sponsor so many other festivals, I think they're due one, and I vote yes. Mr. De Rosa: Thank you. Mayor Suarez: I have to vote no, by the way, you never did change the name of that program. Mr. De Rosa: It's not my fault, I just do all the dirty work. as you can imagine. Mayor Suarez: All right, yes, yes. 261 October 3, 1991 x` 71 t ---------------------1---------w------------------------------------------ - 49. DISCUSSION CONCERNING THE AIMS AND GOALS OF THE LATIN QUARTER CULTURAL CENTER OF MIAMI, INC. ------------------------------------------------------------------------------ Mayor Suarez: Item 40, Latin Quarter Cultural Center of Miami, Inc., to state aims and goals of the organization. You have thirty-five seconds. Mr. Tony Wagner: That's all? Mayor Suarez: Well, maybe, we'd go to forty seconds. Please... Mr. Wagner: All right, thank you. My name is Tony Wagner, I am the president of the Latin Quarter Cultural Center of Miami, and I am here today because I am very impressed with the leadership that you showed during the last Commission meeting, during which you proposed the purchase of the Tower Theater. During the last three years, our organization has brought attention to this particular site. In the initial plans of the Specialty Center, this site was not included and we believe that it is through our efforts that the Tower Theater, at this point, is part of a project to improve the area. Historically, we have found in the studies that we have undergone, when a cultural center, or when a theater is opened in an area like the Little Havana area or Eighth Street, which is right now really a slum, if we can call it that, and I live close by and I know what's happening in the area. Mayor Suarez: Where do you live? Mr. Wagner: I live at 1432 SW 12th Street. Commissioner Alonso: He is my neighbor. Mr. Wagner: I am Commissioner Alonso's neighbor. I restored a house there recently because I strongly am committed to the idea of the area turning around. But again, we do believe that this, the restoration of the Tower ' Theater, would bring into the area tourism and it would bring into the area movement that it doesn't have at the present time. Mayor Suarez: OK. But you're reinforcing what I think this Commission is trying to do... Mr. Wagner: True. Mayor Suarez: ...and is there anything else you want to tell us that we don't _I already know... Mr. Wagner: Yes, sure. ai Mayor Suarez: ... other than the fact that you live there and... Mr. Wagner: If you give me an opportunity, I am trying... 262 October 3, 1991 Mayor Suarez: Forty. Commissioner Dawkins: Forty? Thank you. Mr. Wagner: ... and again, now at this point, I would like to share with you that during the last three years we've been very active. We have brought activities to the City of Miami, and we believe that at this point we would be considered in the future to be appointed, if possible, as the cultural organization to maybe work with you in the efforts that you will put forth in the future to when, and... Mayor Suarez: No, no, we are not appointing anybody to anything. Mr. Wagner: All right. Mayor Suarez: We are taking proposals and ideas from all groups and that's difficult enough without having to appoint anybody. Mr. Wagner: All right. Well, at this point we would like to be considered seriously since we feel that we've brought some attention to the theater, or to the Tower Theater, and that we, in the process of the last three years, have been awarded grants from the State of Florida, one for a hundred thousand dollars, one from the City of Miami for a hundred and fifty thousand dollars that we worked with Mr. Castaneda on, and we are a serious organization, and we believe that... Mayor Suarez: A hundred and fifty thousand dollars from the City of Miami? Where did that go to? Commissioner Alonso: From the State. Mr. Castaneda: No. They were awarded a mini UDAG (Urban Development Action Grant) assuming they were able to get a two -to -one match, but that was never accomplished. Mayor Suarez: Why was that? Mr. Wagner: It wasn't accomplished because at that point... Mayor Suarez: Conditional... Mr. Wagner: ... we were in dealings with Toledo who is the owner of the property, and he did not come to terms with us when we wanted to purchase the property. Mayor Suarez: OK. Well, the City, presumably, if we can complete that process and end up acquiring that property will be the fee simple owner of it, 263 October 3, 1991 n .t and anything that you come up with by way of an interesting project to do there, let us know. Because we will be developing an RFP and going out to the entire world, but if we take it by components, I don't think we've ruled that possibility out either, so. - Mr. Wagner: We have a full proposal that we can submit to you all for your studies in the future if you so request that. Mayor Suarez: Great. All right, thank you, sir. Mr. Wagner: Any questions? Commissioner De Yurre: Just the fact that we welcome you and your organization to aid us in this process. I think that, you know, it shows what we can do, not only government, but the public and the private sector working together. So, we need all the help we can get to make things happen, and we certainly welcome your assistance. Mayor Suarez: Exactly. Mr. Wagner: Thank you. We will be honored to work with you all. Mayor Suarez: Very good. Mr. Wagner: Thank you. ---------------------------------------------------------------------- 50. REFER TO MANAGER REQUEST BY CENTER FOR HEALTH TECHNOLOGIES FOR ADDITIONAL OFFICE SPACE AT 1145 N.W. it STREET CONCERNING ENHANCEMENT AND EXPANSION OF THE HEALTH TECHNOLOGIES INCUBATOR - REQUEST MANAGER TO NEGOTIATE AND COME BACK WITH RECOMMENDATIONS. ------------------------------------------------------------------------------ Mayor Suarez: Item 41, CHT (Center for Health Technologies) Mr. Manager, is this on the agenda, or is this withdrawn? OK, no, I guess we're on. Unidentified Speaker: It's on. Mr. Murray Dubbin: Mr. Mayor, and members of the Commission, my name is Murray Dubbin and I am chairman of the Center for Health Technologies. With me is Dr. Gene Man who is president... Herb Bailey, I didn't mean to chase you away, I want you by my side. May it please the Commission, the purpose of this appearance is to give you... and I know you're under a time crunch, and I feel bad about it, because we have good things to tell you and good ideas to propose. You remember the CHT occupies three thousand square feet of the property owned by the City at 1145 NW 11th Street, the old Municipal Justice Building, and it has been used as that as a incubator center for the development of the incubatees in the biomedical field. The Center for Health Technologies is a 501C3 organization. It has been in existence for several years. This past year, we were recipient... we have originally been a recipient of the three hundred and fifty thousand dollar appropriation from the Florida Legislature. This year, Congress appropriated to the center, 264 October 3, 1991 seven hundred -and -fifty thousand dollars through the Department of Energy budget and we just received another five hundred thousand dollars which has not cleared the president's veto yet. Commissioner De Yurre: So you guys can pay rent. Mr. Dubbin: Well, we may be able to do more than that. Commissioner De Yurre: Good. Mr. Dubbin: We are here to talk to you about potentially ending up buying the property. We have greater creditability, we have greater financial ability to proceed. Part of the grant, through the Department of Energy, is money allocated for planning, for architectural, and the housing for the center. And in order to make use of that, we really need to find real estate that we are going to use for the long haul for the development of this center. The goal of this center is to have something similar in nature to what Massachusetts MIT developed which is known as University City Park, but what was developed in Philadelphia through the University of Pennsylvania, which was known as University City Science Park. Presently, MIT has two million square foot facility that put people to work, develop blighted areas around the Cambridge... or in the same thing is held true in Pennsylvania. This is part of our dream. The purpose of our appearing to you today, before you today, is to just tell you about this and we know... well, right now, we feel we could use thirty thousand additional square feet to accommodate some twenty-four affiliates who have joined as affiliates to the Center for Health Technology. We cannot move ahead under the arrangement that we have now, nor does it really benefit the City... (ELECTRONIC TAPE MALFUNCTION)...for use for the incubatees as I told you, for which they pay a nominal rental. And it's basically on a termination basis, so we can't really do any... Mayor Suarez: Is that the present status, Murray? It's a ninety day... well, provision for ninety days notice for termination? Mr. Dubbin: That's correct. What we've... Mayor Suarez: Do you think that we are at a juncture today that we should be proposing to change that, or just you're advising us that you may be in a position to put some actual capital into it and possibly and ultimately buy...? Mr. Dubbin: That's correct. Mayor Suarez: How much of the property out there do you think you might be able to buy? Mr. Dubbin: Your honor, I would just as soon... at that point, we were thinking rather big. Mayor Suarez: The whole thing? Mr. Dubbin: Correct. We have pretty good partners. We have the University of Miami, we have FIU, we have... but I was going to... 265 October 3, 1991 Mr. Dubbin: Yes, sir. Mayor Suarez: ... they were somewhat concerned about that. And of course, you've done magnificently well with the State and the Federal Government. You may need to do a little bit more with the State. Commissioner Dawkins. Commissioner Dawkins: Mr. Dubbin, is your organization nonprofit? Mr. Dubbin: Our organization is nonprofit. That's correct. Commissioner Dawkins: OK. And is also... you named MIT in Massachusetts, you named one in Philadelphia. Why aren't we attempting to put this great idea on the University of Miami Campus instead... where... why not? Mr. Dubbin: Well, Mr. Dawkins, let me assure you that, first of all, I don't think University of Miami Campus has the room for it. Commissioner Dawkins: OK. Mr. Dubbin: Secondly, President Foote has been actively assisting us in trying to locate the facility at 1145 NW 11th Street. Because the reason is... Commissioner Dawkins: OK. Let me tell you why I asked you, sir. Mr. Dubbin: Yes. Commissioner Dawkins: I do not intend to build another jail or anything else in the City of Miami that does not produce taxes. We have now enough buildings sitting in the City of Miami that do not contribute to the tax base and therefore... right now, the County is holding hostage the Orange Bowl money, and the County... you see, I want the media to get this straight. The County is holding hostage money that the City is due for renovation of the Orange Bowl, and money that's due for renovation and the upkeep of the Arena, because I, Miller Dawkins, is trying to make sure that they do not build another jail within the City of Miami on Miami's property. We got space, like you said, around Coral Gables for a jail, we've got Key Biscayne for a jail, we've got Bat Harbour for a jail, you know, why they want to put one in Miami? Mr. Dubbin: Well, let me assure you Commissioner that the last thing in the world the CHT would like to have is a jail on this property. What we specifically would like to request, your honor, is that the Commission, today, adopt the philosophy of what we are trying to do and to ask... perhaps set up a task force of the administration to work with the center in the development of a plan for temporary and permanent use which might end up being a lease with an option to purchase. But I don't know. I would like to... your City .. . Mayor Suarez: The momentum is building but the momentum may at some point have to build enough for the City to think that it's going to get back some capital return on that land, because we've got other projects that require some capital infusion, including one on Grand and Douglas, which has been 266 October 3, 1991 sitting around and nothing is happening, including the Latin Quarter, you heard some discussion about that before, and areas of the City that are really, really in deteriorated shape. And that area is not in that kind of shape, it's actually quite an interesting commercial property. Herb, is there anything that we could do today that might keep the momentum going but doesn't commit us...? Mr. Herb Bailey: Yes, we need to have immediately, someone occupying the premises because we are vacating it, and when you have a vacant property of that type, and that location, it sort of lends itself to... Mayor Suarez: Oh, I see. We are vacating part of it... Mr. Bailey: We are vacating all. Mayor Suarez: ... and the other part is already being used by them. Mr. Bailey: We would like to propose at least to continue what we are doing today in terms of having them use it. They have agreed to make certain renovations. Mayor Suarez: Still with the ninety day termination provision? Mr. Bailey: Well, we have the options, yes. We have asked the County will they remove the prisoners, and they have given us almost a positive answer, sooner or later, but they will move them. Because if they are going to make any repairs to the building, we don't need the deterioration from the jail to impair what they're going to invest into the property. But we are going to have to have that building secured and it is better secured if someone is in there at the time. In terms of how it is eventually conveyed is a matter of this Commission, but immediately, we need to have somebody there. Commissioner Dawkins: Where are they going to move the prisoners? Did they say, Mr. Bailey? Mr. Bailey: Well, they claim to have some space far out in the County - they can move as soon as November 30th. Commissioner Alonso: Are they going to pay three forty-seven? Commissioner Dawkins: I didn't hear you. Mr. Bailey: They have some space in the County... Commissioner Dawkins: In the County, not in the City of Miami? Mr. Bailey: Not in the City of Miami. Some space out in the County that they can move these prisoners to another location. Mr. Odio: We have been told in writing - now, I have letters that they will no longer... is no longer going to be a jail there. They want to completely remove the jail from there. 267 October 3, 1991 f Vice Mayor Plummer: What does it cost us, Mr. Bailey, to maintain that is building and to keep it open? Mr. Bailey: Well, I'll tell you, it will cost us a lot now if we... if it - were left vacant. I've been told by GSA we don't have the money to do the repairs that are necessary today. We're really in a kind of a bind at that particular property. Commissioner Dawkins: What would it cost to push it down? Mr. Bailey: A lot, depending if it has asbestos in it. Mr. Dubbin: Mr. Mayor, I don't mean to interrupt, and I... Commissioner Dawkins: We11, if it has asbestos in it, whether you push it down or not, you've got to remove the asbestos. Mr. Bailey: Not immediately. Mr. Dubbin: Commissioner. Commissioner Dawkins: Wait a minute, now, wait a minute. Why? What now? Mr. Bailey: Just about every building you occupied around here that was built over twenty years ago has asbestos. We're not pushing them all down. Vice Mayor Plummer: What are paying us rent now, Murray? Mr. Dubbin: One dollar a year. Mayor Suarez: It's nominal. Mr. Dubbin: Plus, we maintain our... Commissioner Dawkins: But you see, we made Skippy Shepard remove asbestos. We are not going to make everybody else remove it? - even if it's us? Vice Mayor Plummer: Well, can I make a suggestion Mr. Mayor? Mayor Suarez: Yes. Vice Mayor Plummer: Can I make a suggestion that we allow them to proceed with negotiations with the Manager to be coming back to this Commission at a later date as soon as the negotiations can be completed. But that Mr. Dubbin... Mr. Dubbin: Yes, sir. Vice Mayor Plummer: ... you pick up the expenses of keeping that building open, such as electricity, water, and things of that nature, because we are keeping it open for you only. Mr. Dubbin: We understand that. We can cover the expenses that are occupied... the areas we occupy, we can't... you know, it's an eighty thousand 268 October 3, 1991 -� f -97 i - i square foot building, and eventually, I think it's going to be all empty. Right now, thirty thousand feet is freeing up, as I understand it. Mayor Suarez: And you need how much of that? - that you can maintain. Vice Mayor Plummer: No, the point I am making is whatever you're occupying and the air conditioning, the electrical, the water, any of those bills that you pay. Mr. Bailey: That's a problem, Commissioner. As I understand it, whether you occupy one office or all of them, you have to keep the entire air conditioning system on, that is a cost. And I think that ought to be considered. They would have to pay for the entire cost of the air conditioning for the entire building. Dr. Gene Man: I think Commissioner, excuse me... and Commissioner Plummer's suggestion is good because we need to find out a lot about this that we don't know. I don't think it's ever been calculated. Vice Mayor Plummer: Well, the only thing I am saying doctor, is, is that if we are keeping the building open simply for you until negotiations are completed, that I think it is only right that you should pick up the tab if it's only for your benefit that we are keeping it open. If not, we shut the door. - Dr. Man: We'll pick up the tab about the part we are in, of course. Mr. Odio: I think the other important thing... Vice Mayor Plummer: Well, you see... no, wait a minute, hold on, Mr. Manager, please. Mr. Bailey is saying we can't just say your three thousand square feet because we've got to leave the air conditioning running. Unless you want to operate yours without air conditioning. It's one unit, is that what you're saying? Commissioner Alonso: Do we have one unit for all of it? Mr. Bailey: It's not zoned. It's not a zoned conditioned building. Ron... _ that's not a zone air conditioner, that's a central air conditioner for the entire building? - and if you air condition one room, you have to do them all. Vice Mayor Plummer: Well, hey, all I am saying is, if we are keeping it up solely for their benefit, they should pick up the expenses. That's all I am saying. Mr. Bailey: Well, OK. There are a lot of things we need to have time to sit down and kind of work out because I am not at all certain they are aware of all the conditions. And I think what we wanted to do today is just to have permission to sit down and work out a proposal to come back to the Commission with. Vice Mayor Plummer: That's what my motion is. Mr. Bailey: Yes. 269 October 3, 1991 Mr. Dubbin: I don't think that the... I think that the negotiation will be complete before you vacated the building. So, I think it may work out just OK. Vice Mayor Plummer: Fine. Commissioner De Yurre: I would also like to see their numbers as far as the monies that they receive and what the expenses are and all that kind of thing of the program. Mayor Suarez: All right. Commissioner Dawkins. Commissioner Dawkins. Mr. Dubbin, I want to tell all of you, I'm not voting for it, so I don't want you to spend your money and then when I vote against you, say that I didn't alert you. I'll say again, as I've said before, I'm not voting for nothing to go within the City of Miami that does not pay taxes. And I have nothing against the organization, but I just know that we don't have any money. The City of Miami will not vote for any bond issues and we definitely need to do something to increase the tax base. Vice Mayor Plummer: We leave that up to the Manager to be successful in negotiations to get the amount of money for taxes as well as he does for the rest. Commissioner Dawkins: Now, that's his vote. My vote is I don't care what kind of agreement you make with him, I'm not voting. Mayor Suarez: All right, we have an idea how you both are going to vote. Let's please follow the procedures here. We have a motion? Mr. City Manager, please. Mr. Quinn Jones: Mr. Mayor. Mayor Suarez: Yes. Mr. Jones: May I please, I just want you to know for the record, in just listening to the discussions here, that there may be some serious legal problems of what you're proposing to... what's being proposed to do. Mayor Suarez: Some serious what problems? Mr. Jones: The first caveat is this. revocable permit, OK? Mayor Suarez: Right. They are presently operating on a Mr. Jones: Any time, and the case law has developed such, that any time you issue revocable permit and that particular entity that's occupying the premises such as they are, significant improvements are made or whatever has been construed, it can be construed, and courts have construed that to be a lease with certain leasehold interest, whatever rights are attended to that. 270 October 3, 1991 Mayor Suarez: We have done that in many cases and nobody has ever given us that caveat before. Commissioner Dawkins: We didn't have this City Attorney. Mr. Jones: I just want to bring it to your attention. The second caveat is that you may have a problem with the charter provision 29(B) which talks about going out to bid for lease. I just wanted to raise those two questions. Mayor Suarez: I am thinking that when I first got on this Commission, we were trying to do something, I think it was the Southwest Social Services and I think Vice Mayor Plummer said well, we could do a revocable use permit, no obligations. They were allowed to build an entire facility there and they are still on a revocable use permit. I am not saying that that's the way things should be run but when you're trying to build a little bit momentum without any vested rights, maybe we ought to put some language somewhere along the line that clarifies all of that. And that's... your caveat would be very much in order as to that. Mr. Bailey: We'll include the Law Department in our task force to make sure that we're not... Mr. Odio: Mr. Mayor. Mayor Suarez: Yes. And Herb, and Dr. Man and Murray and everything, and everyone that is involved in this, this is not something that is going to come to fruition in the kind of approach that we have taken so far today. We are just not trying to slow it down. But ultimately, we are going to have to have an infusion of capital monies here. The City needs to recover some, plus you're going to need to make that into a real center for health technologies and not just sort of a few incubated companies. Vice Mayor Plummer: My motion is, send it to the Manager for negotiations. Mr. Odio: Let me add this. I want... Mayor Suarez: So we're going to need some State or Federal monies, or University of Miami money, FIU or somebody. Yes? Mr. Odio: I want them on the record saying that if the City enters with them into this agreement at some point, if it is approved... Mayor Suarez: You have to build that into whatever you negotiate with them. They have to sign that. Mr. Odio: ... that they will commit to keep the manufacturing - this is the incubator part - we want the manufacturing part to stay in Miami. That's the idea of generating jobs. Mayor Suarez: All right, and build that in, please. We have a motion, do we have a second along those lines? Yes. Any further discussion? If not, please call the roll. 271 October 3, 1991 Mayor Suarez: That's what we certainly hope and they will start paying taxes. Thank you, doc. OK, call the roll. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 91-747 A MOTION REFERRING TO THE CITY MANAGER REQUEST RECEIVED FROM REPRESENTATIVES OF CENTER FOR HEALTH TECHNOLOGIES FOR ADDITIONAL SPACE AT 1145 N.W. 11 STREET, FOR ENHANCEMENT AND EXPANSION OF THE HEALTH TECHNOLOGIES INCUBATOR; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE WITH SAID GROUP, STIPULATING THAT IF AGREEMENT IS REACHED, SAID GROUP WOULD COVER THE COST OF UTILITIES AT SAID BUILDING AND WOULD COMMIT TO MANUFACTURING ITS INCUBATOR IN MIAMI; AND FURTHER REQUESTING THE MANAGER TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. 51. (A) GRANT REQUEST BY REPRESENTATIVES OF SUNSTREET FESTIVAL FOR CLOSURE OF DESIGNATED STREETS CONCERNING ITS PARADE. (B) REFER TO MANAGER VARIOUS OTHER FUNDING REQUESTS BY SUNSTREET FESTIVAL, FOR POSSIBLE ASSISTANCE. ------------------------------------------------------------------------------ Mayor Suarez: Item 42, Sunstreet Festival. We have the usual quandary... no problem as to the use of the streets, I don't think, once again this year, do we? Vice Mayor Plummer: Move it. Mayor Suarez: Moved. Do you second? Commissioner Alonso: Yes. 272 October 3, 1991 m# Commissioner Dawkins: Move what? What are we moving? Commissioner Alonso: Street waiver. Mayor Suarez: The use of the street for the festival. Commissioner Dawkins: Second. Mayor Suarez: Any discussion on that? If not, please call the roll. Mr. Arthur Brooks: Mr. Mayor. Mayor Suarez: Wait, wait, we're just going to give you something here that presumably is part of what you need, and that's the easy part, then there comes the painful part. Call the roll. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 91-748 A MOTION GRANTING REQUEST FROM REPRESENTATIVES OF SUNSTREET FESTIVAL FOR CLOSURE OF DESIGNATED STREETS IN CONNECTION WITH ITS PARADE ON DECEMBER 7, 1991. 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. Mayor Suarez: Now, everybody here is together on the same item? Mr. Bennie Moore: Yes. Mayor Suarez: The same side of the same item? Mr. Moore: Yes. Mayor Suarez: Why don't you come up to this mike so... yes, sir, name and address. Mr. Arthur Brooks: OK, my name is Arthur Brooks and I am this year's president of the Sunstreet Festival, and my address is 7615 NW 2nd Avenue. For the last nine years, we have put the Sunstreet Festival on in the City of Miami, and we have been very successful without any trouble occurring at all. 273 October 3, 1991 t We got a very good track record and we entertain some hundred -and -fifty to two thousand people. And looking at the Commissioners, I know a lot of you all help, attended our festival, and you know that it was an enjoyable thing, and right now, we need some help, and we need to get our festival out. You know, we lost our last year's president, and her being so energetic and so persevering in keeping the festival going, we will want to do the same thing. And I have here some people from my executive committee here, and they are... Mayor Suarez: Why don't you introduce the executive committee? Mr. Brooks: Mr. Manny Llanes, he is the vice-president and the president of Sunstreet Festival, and Mr. Bennie Moore, he is our executive director, and Miss Mary Norris is our secretary on the Sunstreet Committee. And we are asking for some help in getting us some Police support and Fire and Rescue, so we can continue with our festival for this year. And I would like for you to hear some of our specifics and technical advice from our executive director, and as well as our street president, Mr. Manny Llanes, if I may. Mr. Bennie Moore: Mr. Mayor, I am going to pass, because as you know, this is my third year here and I am going to turn it over to our vice-president, so you hear a fresh voice. Mr. Manny Llanes: Good afternoon, Mayor, and Commissioners. As he said, my name is Manny Llanes, I am the president for the Sunstreet Festival that's going to take place December 7th. I've been sitting here this afternoon, I know a lot of festivals have come by and a lot more are going to follow. I would like you to consider this in a little different point of view. This is the only black festival in the City of Miami. This is the only street festival in the City of Miami, OK, that promotes business to come into the Liberty City area, 00 We don't encourage vendors, we let the own, you know, the own vendors of the area handle the selling, and we want to bring business to them. That's what I am saying. Mayor Suarez: All right. We've got item 52 that we were supposed to begin at six thirty, we are already at seven ten. We know how important the festival is, I was looking back through clippings the other day to 1986. First time we ran out of funds, and how we got all the police to volunteer. Since then, my staff I know, and the Commissioners, have all worked to find funding for it because it's so traditional and so important. It's not the only black festival, by any means, but perhaps, it's the biggest of it's kind, and maybe the one that creates the most economic activity in the area. If the Commission is inclined to move any support, we'll entertain that at this point. All I can say is that I've got to vote the same way that I have been voting on all of these today. Which is, we just don't have the money. Mr. Llanes: What we would like, you know, for the Commission to consider is... and the reason why we are out here asking for this help, you know, the corporate dollars are not coming into the black community, OK... Mayor Suarez: We know that. That was the same reasons last year and the year before that, and the year before that. Mr. Llanes: ... and you know, for you guys to consider, you know, in -kind services for the... 274 October 3, 1991 Vice Mayor Plummer: What are you asking for? Mr. Llanes: Well, if you want me to give you a number, you know, for you to consider a ten thousand dollar contribution to the festival, so that we can put this festival together, bring some business... Mayor Suarez: All right, you made your presentation. Commissioners, what's your pleasure on the item? Vice Mayor Plummer: Let me... how much are you asking for? Mayor Suarez: He just asked for ten thousand. Mr. Llanes: For ten thousand dollars. Vice Mayor Plummer: Is that for the in --kind? Mr. Llanes: That's to cover the cost of us being able to put the hard cost of the festival. You know, the Police, the Fire Department that's... Vice Mayor Plummer: According to this, your in -kind fees are seventy-eight hundred dollars. Mr. Manager, is that correct? Commissioner Alonso: No. Mr. Odio: I'm sorry. Seven thousand eight eighty-six twenty-nine, total cost. Mr. Castaneda: That's correct. Mr. Odio: And then they have fees of fifteen hundred and seventy-nine dollars and twenty-nine cents. Vice Mayor Plummer: So it's actually more than seventy-eight? - it's near ten thousand? Mr. Odio: Yes. Mayor Suarez: All righty, Commissioners, what's your pleasure? Commissioner De Yurre: Go see the City Manager. Mayor Suarez: If you refer to City Manager, means that within his discretionary amount, which is forty-five hundred, he can conceivably help you with that, and that's it. Vice Mayor Plummer: Is this a one day festival? Mr. Llanes: Yes, sir. -e 275 October 3, 1991 Vice Mayor Plummer: How many policemen are you... being required? Mr. Moore: Sixteen, but that's debatable. Vice Mayor Plummer: Thirty-seven hundred dollars? Mr. Moore: That's debatable, Commissioner Plummer. Vice Mayor Plummer: I'm sorry? Mr. Llanes: That is debatable, and I think at this time, we are trying to get a meeting with Chief Anderson, so that we won't have the problems. I'm sorry, Chief Ross, so that we can try to iron out the problems that... Vice Mayor Plummer: He'll give you whatever you want, don't worry about it. Mr. Moore: Yes, I bet he would. But that's debatable. Sixteen police officers for this event seem to be a little exorbitant. Mayor Suarez: All right, you have a snow festival at Cambridge and not the Sunstreet Festival. Commissioners, what's the motion? Commissioner De Yurre: My motion is to direct it to the City Manager to help out in any way he can. Mayor Suarez: The City Manager to help out in any way he can - that's the motion. Commissioner De Yurre: Second. Mayor Suarez: You can't second your own motion. Good try though. Commissioner Dawkins: Second. Mayor Suarez: Seconded by Commissioner Dawkins. Call the roll. Mr. Llanes: All righty, thank you very much. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-749 A MOTION REFERRING TO THE CITY MANAGER REQUEST FROM REPRESENTATIVES OF SUNSTREET FESTIVAL; FURTHER DIRECTING THE MANAGER TO ASSIST IN ANY WAY POSSIBLE IN CONNECTION WITH SAID FESTIVAL TO BE HELD ON DECEMBER 7, 1991. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 276 October 3, 1991 6L AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez. ABSENT: None. 52. GRANT REQUEST BY COMMISSION ON THE STATUS OF WOMEN - DIRECT CITY ATTORNEY TO DRAFT LEGISLATION TO LOWER QUORUM REQUIREMENT AT OFFICIAL MEETINGS. Mayor Suarez: Commission on Status of Women. We can take care of your item I think, very quickly. You're having quorum problems. Is that our fault? Or is it something that could be changed, could be resolved by changing the ordinance? Ms. Nikki Beare: I am Nikki Beare, I am former chair of the Commission on the Status of Women, City of Miami, and we have been having quorum problems, mainly because the... many of the women who are on the Commission work and the when we have noon time meeting, because we stagger them noon time and late afternoon. Mayor Suarez: Nikki, do you have any suggestion on how we can change the...? Ms. Beare: If we could go to ten instead of a majority. We have twenty-five members, most of the time we have seventeen to eighteen members. Mayor Suarez: You want to try to do that tonight, or you want us to move that and get an ordinance ready for the next Commission meeting? Ms. Beare: Whatever is the best way. We'd like to have it as soon as possible so we could continue doing our thing. Mayor Suarez: All right, I'll entertain a motion to modify the ordinance to have a minimum quorum requirement of ten individuals, ten persons. Vice Mayor Plummer: So move. Commissioner Dawkins: Second. Mayor Suarez: Seconded. And have that ordinance ready for us on the second meeting in October, would you, Mr. City Attorney? Call the roll. Ms. Beare: And also, on the your subject... Mayor Suarez: Let's get that done. Call the roll on that, please. 277 October 3, 1991 MOTION NO. 91-750 A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION TO LOWER THE QUORUM REQUIREMENT TO NO LESS THAN TEN (10) MEMBERS FOR THE COMMISSION ON THE STATUS OF WOMEN. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Yes, Nikki. Ms. Beare: And then on October 5th, we are having a... Commission on the Status of Women is presenting a free seminar "How to do Business With Government" and Commissioner Dawkins is very interested in seeing it, that minorities and women do have an opportunity. And we have some people from the City of Miami, Dade County, and the State putting this on. And one of the things that as a small business person who has done business with the City and other governmental entities, there are two major problems that you may want to address. One has to do with the problem of being paid on time. Many people in the small business community can't carry the float like many others can. And the other has to do with just learning how to negotiate. If you come here and sit for a while, a lot of people can find out how to do it. Thank you very much. Mayor Suarez: It's very instructive. Thank you, Nikki. ------------------------------------------------------------------------------ 53. GRANT REQUEST BY ROSE OF SHARON MINISTRIES, INC. FOR CLOSURE OF DESIGNATED STREETS CONCERNING ITS EVENT. ------------------------------------------------------------------------------ Mayor Suarez: We have two items that we're going to go through very quickly and then we're going to do the downtown. Vice Mayor Plummer: What happened to 43? Commissioner Alonso: What? 278 October 3, 1991 1% 0 Vice Mayor Plummer: What happened to 43? Mayor Suarez: Item 43, my fault. Mr. Odio: Mr. Mayor, this is a religious event. Mayor Suarez: Rose of Sharon Ministries, Inc. Mr. Vincent McIntyre: Yes. Mayor Suarez: Street closures. Have you discussed with the Manager that the closures... I think we can permit that even for a Religious event, but we cannot support it in any way. Mr. McIntyre: This is a community orientated event. There are several churches, your honor, who are involved in this, but we have also... Mayor Suarez: When are you planning this? Mr. McIntyre: We are planning it for November 2nd. And we have raised money to give food, to give clothing distribution. We have the Rose of Sharon Dance group that's going to be there, several other groups... Vice Mayor Plummer: Sir, may I cut you short. Mr. McIntyre: Yes. Vice Mayor Plummer: The City of Attorney is saying, no way, we can do anything for you. So I don't want to... you know, no use you talking all night, if we are not in power to do anything. Thank you. Mayor Suarez: You would have to create a not for profit with a lot of the same purposes, and a lot of the same individuals, but no religious character whatsoever, for the City to be involved. Mr. Billy Hester: OK. Could I say something? Mayor Suarez: Yes. Mr. Hester: Basically, what we are doing... my name is Billy Hester. Basically, what we are doing, we want a street enclosure so we can go into an area. Mayor Suarez: I shouldn't say no religious, I guess, it's more denominational, I mean. Mr. Hester: Right. We are not dealing from a denominational point of view. But basically, what we want to do is go in an area on 15th Avenue where the drugs are rampant over there and we want to go in that area and do something. We've talked with the City of Miami Police Department, Sergeant Barker of special events, Officer Knighton, and they agreed that it is a good idea that we should go in and do something of this nature. We want to go in the neighborhood and do something because the drugs are running rampant in there. 279 October 3, 1991 Mayor Suarez: Fifteenth Avenue, between what streets? Mr. Hester: Sixty-sixth Street and Sixty-fourth Street. We want to block it off. We want to go in there, we want to administer food to people that are hungry, we want to do other things, it's is community related. Mayor Suarez: OK. You understand that the only discussion we are having is as to the possibility of street closure for a number of hours for an event that is geared at community cohesiveness, et cetera? I guess, it can have some religious overtones, as long as we don't support it directly. Mr. McIntyre: Right. Mayor Suarez: What... have you actually looked at this, Lieutenant? - the hours, the time, the places of the closure? We do typically grant that. Lt. Joe Longueira: Mr. Mayor, they met with our off -duty. At first they wanted a larger area, but they worked it down to these few blocks. This is more manageable for us. Mayor Suarez: OK. As to the street closure and the hours that you've... Vice Mayor Plummer: What are the hours of the street closure? Mr. McIntyre: The hours are from four to nine. Vice Mayor Plummer: How many days? Mr. McIntyre: One day only. Mayor Suarez: I'll entertain a motion from Vice Mayor Plummer. Vice Mayor Plummer: Try it. Mayor Suarez: So moved. Mayor Suarez: Seconded by Commissioner De Yurre as to the closure. Call the roll on that. For the street closure on the prescribed hours approved by the department and worked out with the department. 280 October 3, 1991 ems,: The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-751 A RESOLUTION GRANTING THE REQUEST RECEIVED FROM REPRESENTATIVES OF THE ROSE OF SHARON MINISTRIES, INC. RELATED TO "FIRE IN THE CITY CRUSADE" FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC ON SATURDAY, NOVEMBER 2, 1991; SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. - Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Castaneda: Commissioners, let me... Vice Mayor Plummer: Can we get you to minister on 50th Street between loth and 17th Avenue? Mr. Hester: Give us the approval and we will do it. Mr. McIntyre: There is one more thing. We requested use of the showmobile. Vice Mayor Plummer: That, we can't do, sir. Mr. McIntyre: You can't do that? Vice Mayor Plummer: No, because you're a religious organization, we can't do it. Mr. Castaneda: Commissioners, let me correct the streets. They want from 64th through 67th is what they had requested. He said 64th through 66th. Mayor Suarez: Sixty-fourth to sixty-seventh. All right. That's the best we can do. Mr. McIntyre: Thank you. 281 October 3, 1991 rri�-------------------------------------------------------------------- 54. REFER TO MANAGER FUNDING REQUEST BY FESTIVAL DEL NINO CONCERNING ITS NATIONAL CHILDREN'S DAY CELEBRATION IN BAYFRONT PARK FOR POSSIBLE ASSISTANCE, STIPULATING THAT IF CITY ASSISTANCE WERE GRANTED, CITY WOULD RETAIN RIGHT TO AUDIT, AND FESTIVAL WOULD REPAY CITY OUT OF ANY PROFITS FROM THE EVENT. ------------------------------------------------------------------------------ [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATION WERE MADE BY MR. CESAR 0010.3 Mayor Suarez: Item 46. Festival Nino Commissioner Alonso: Forty-five. Mayor Suarez: Forty-five rather. Are they here? Item 45. Mr. Raul Martinez: NECESITO AYUDA, SENORES. BUENAS TARDES. Mr. Odio: OK. HABLA DESPACIO. Mr. Martinez: NECESITO UN INTERPRETE VOLUNTARIO. USTED MISMO, SENOR ADMINISTRADOR. Mr. Odio: DESPACIO. Mr. Martinez: SI. Mayor Suarez: Mr. Martinez, we gave the use of the... community day at Bayfront Park, right? Mr. Martinez: EL CONGRESO DE LOS ESTADOS UNIDOS HA OTORGADO... Mayor Suarez: ESPERESE, SENOR MARTINEZ. We did give him that, right? Mr. Odio: Well, all he is asking for is Fire, two thousand dollars, Police, twenty-two hundred dollars, Solid Waste, eighteen hundred dollars. Mayor Suarez: Oh, they are not seeking to use the stage? - the Ampitheater? Mr. Odio: They are not... from what I... Mayor Suarez: They are one of the community days. Mr. Odio: Yes, but... Vice Mayor Plummer: Yes, sir. 282 October 3, 1991 Mayor Suarez: I want to warn you that that's the best that we can do. You have a congressionally sanctioned event. You can have a sanction by the United Nations, Mr. Martinez, but we just don't have any more money. We don't have any money. Mr. Martinez: ESTOY COMPLETAMENTE ESPERANDO QUE... Mayor Suarez: All right, Mr. Manager, translate for him, he is obviously not giving up. Mr. Manager, somebody translate for me, he is not giving up. Mr. Odio: Yes, I will do it. Slowly. HABLE DESPACIO. Mayor Suarez: We have given him a community day, the use of the facility with a waiver of the rent, but not the services. Mr. Odio: TE HAN DADO EL ANFITEATRO DE BAYFRONT PARK DE GRATIS PARA EL DIA QUE VAYAS A TENER EL FESTIVAL. Mr. Martinez: CUANTO ES EL VALOR? Mr. Odio: ESO NO TIENE VALOR, PUESTO QUE NO... How much is the rent for the Bayfront Park? Commissioner Plummer: They don't understand that. Mr. Martinez: ES LO UNICO QUE ME DA? Mr. Odio: SON $500. Mr. Martinez: BUENO, AQUI LA BASURA... Mr. Odio: Well, now he says the Solid Waste. I know... I don't need translation for Spanish. Mr. Martinez: YO LO UNICO QUE ESTOY PIDIENDO ES $300 PARA VOTAR LA BASURA. TRANSLATION: What he is asking for is, he is asking three hundred dollars for... Commissioner De Yurre: Excuse me, Mr. Mayor, can we cut this short? I'll make a motion to direct him to deal with the City Manager. TRANSLATION: ESTAN DICIENDO QUE VENGAS A REUNIRTE CON NOSOTROS DESPUES. Commissioner De Yurre: OK? That will be my motion. Mayor Suarez: No, no, not now. Thank you. GRACIAS. All right, motion made. Vice Mayor Plummer: What is the motion? Mayor Suarez: To refer to the City Manager for his wise determination. Commissioner De Yurre: The standard motion. 283 October 3, 1991 1 Vice Mayor Plummer: That if in fact he does grant any monies that they must furnish us with an audit, and the City get reimbursed in fact, if there is any profits first. Commissioner De Yurre: Standard motion. Vice Mayor Plummer: I accept that and second it. Mayor Suarez: So moved and second. Any discussion? If not, please call the roll,. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-752 A MOTION REFERRING TO THE CITY MANAGER REQUEST FROM REPRESENTATIVES OF FESTIVAL DEL NINO IN CONNECTION WITH ASSISTANCE FOR ITS NATIONAL CHILDREN'S DAY CELEBRATION IN BAYFRONT PARK ON OCTOBER 13, 1991; FURTHER PROVIDING THAT IF CITY ASSISTANCE WERE GRANTED, THE CITY SHALL AUDIT SAID EVENT AND SAID GROUP SHALL REPAY THE CITY OUT OF ANY PROFITS MADE BY SAID EVENT. Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez. ABSENT: Commissioner Miller J. Dawkins. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: I have to vote, no, that's... it's deceptive to send the poor man in that direction to be told, no. 55. REFER TO MANAGER FUNDING REQUEST BY SOUTH FLORIDA JAIL MINISTRIES IN SUPPORT OF THE AGAPE WOMEN'S HOME - REFER TO MANAGER FOR POSSIBLE FUNDING FROM LAW ENFORCEMENT TRUST FUND. ------------------------------------------------------------------------------ Mayor Suarez: Item 46. South Florida Jail Ministries. Reverend Hernandez, we've been warning everybody about your arrival. Dr. Jose E. Hernandez: My arrival. Mayor Suarez. 284 October 3, 1991 Mayor Suarez: Now, the Law Enforcement trust Fund I understand did finally come up with some monies to help you? Dr. Hernandez: Equipment. We have... - Mayor Suarez: But it cannot be used for operations? Dr. Hernandez: That's what I have heard. Mayor Suarez: Now, you are carrying out a very important social function, I presume it's non denominational, and therefore, it fits in with what the government can sponsor. The -problem is... Dr. Hernandez: It's licensed by HRS... right now, it's licensed... it's given County money. It just got County money two weeks ago. Mayor Suarez: The problem is, we don't have any money, but if you want to make a presentation. Mr. Odio: He could go to the Law Enforcement Trust Fund, but... Commissioner Alonso: The Law Enforcement Trust Fund. Mr. Hernandez: I definitely want to make a presentation. Mayor Suarez: No, he already has some Law Enforcement Trust Fund monies for _ equipment, but not for... Mr. Odio: I believe... I have to ask him. This is a ministry? - Commissioner Alonso: If he qualified before... Vice Mayor Plummer: No, this waives the zoning. Mr. Hernandez: No, this is not... this is licensed by HRS. The State of Florida is given money by the County, OK? In other words, this is a drug treatment program licensed by HRS, OK? Mr. Odio: But you already received money from the Law Enforcement Trust Fund. Mr. Hernandez: I have received money, yes, from the City of Miami too. Mr. Odio: OK. Mr. Hernandez: Therefore, we are open to receive money if you give us money. But on behalf of AGAPE, we are serving minorities. When we started this program five years ago, there was no drug program for women in the State of Florida, here especially, in the Miami area. And today we have a program that is helping ladies who have nowhere else to go, and 1 am going to ask you to listen to two testimonies. And the recent one is they had a conference, and all the girls went to that conference except these three girls. And I am not going to ask the three to give their testimonies, but at least, two of them, I would like them to come up and just share with you very briefly. OK? You go first. 285 October 3, 1991 x Ms. Laura Jean: Mayor Suarez, Commissioners, my name is Laura Jean, I am twenty-eight years old and I have spent the last seventeen years of my life being physically, sexually, and mentally abused by my parents. That was before I met... before I heard of AGAPE. I had wrote down a bunch of stuff to write to you and I meant to say it to you, but I am just basically going to say that without Agape I wouldn't be here. I mean, I spent most of my life being abused and then abusing myself. I've been a self -mutilator since I was five years old. I've drank, I've done drugs, I've been on the street and my life was horrible, it was just horrible. And then, by the grace of God, I heard about AGAPE. And I came down here, I took a chance, got on a bus, come down here, and since I've been there, I've learned how to be responsible, how to be productive, how to be self-disciplined, and I just... I feel wonderful today, and today, I can't even... I took at what I used to be and how I used to live and I can't even believe it, it's like it's not even me. And I just feel wonderful, and I just... I thank God that AGAPE is there. You know, I hear of all other kinds of women out there, you know, that need a program like this and the monies, I mean, I know that there is not much monies, it's like all over the world today, that there is not much money. But this program has helped so many women, you know, and there are just so many more out there that need the help, and I think it would be such an injustice if this program couldn't just shine the way it is. It's touched so many lives.. .(ELECTRONIC TAPE MALFUNCTION)...so just please take that into consideration, because AGAPE means a lot to me, and it means a tot to the 20 women that are back there at the house. Thank you. Mayor Suarez: Thank you for your testimony. Ms. Jeanetta: Hi, good evening, my name is Jeanetta and I'm 24, and I'm a grateful recovering addict and alcoholic. Through the grace of God I was brought to AGAPE. Without AGAPE I wouldn't be here. Being at AGAPE, I've learned a lot of things. I've learned how to be grateful. I've learned to accept things. I'm learning discipline. Before drinking and drugging I stuffed a lot of things. And AGAPE is not just a drug treatment program. Basically, we deal with the problems that we had before we started drinking and drugging. All the crap that made us go and do that stuff. And these are things like sexual molestation at home, OK? Verbal abuse from our parents. A whole bunch of other things that were just bottled up inside that made me want to do drugs and made me want to drink and made me want to sell my body for my habit. But now that I'm at AGAPE I'm learning how to cope with these problems. I'm learning how to make choices. I'm learning that, yes, I did those things and I can admit to them. But I'm also learning a new me. I'm growing, I'm a little kid and I'm growing into a beautiful young woman. And I ask that you don't stop that growth. There are so many other women out there that have the same will that I have, and I think that they deserve, I feel that they deserve the same opportunity and the same chance to grow. Thanks. Mayor Suarez: Very good. Thank you for your testimony. Reverend... Rev. Hernandez: Yes. Mayor Suarez: ...what... have you made the same presentation to the County Commission... Rev. Hernandez: Yes, and they voted... 286 October 3, 1991 Rev. Hernandez: They voted us $75,000. Right now, let me explain to you, this program was started by community funds. We have worked without support from a county or city... Mayor Suarez: I remember you telling me that a few years ago. And I thought, gee, someone that doesn't need any of our money, that's great. Rev. Hernandez: ...for four years, but things are being cut back everywhere, even in the community. And we're asking not for you to support this program. We're asking you to be a partner. A partner with this community, with the City of Miami voters, with the County, with the State, and we're asking only for $2,900 a month - a month. Oh, you say that's a lot. Well, you got a lot of girls that you're bringing from the City of Miami Police to Metro -Dade, and you're spending more money on officer than in treatment. All I'm asking you is to support, and give these young ladies a chance. They have nowhere to go. They are released at 5:00 o'clock in the morning, my friend, and they have nowhere to go. What are you going to do with them? You're going to bring them... you're going to use the officers to bring them back to jail? You're spending that kind of money, plus you're not helping anyone. All I'm asking you is not, maybe... not from the money that you don't have, and maybe from somewhere in the City of Miami. And I plead with the Mayor, I plead with the Commissioners, and most of all, I plead with the City Manager who is able sometimes to do miracles and find six million dollars. And I'm asking you just to find $35,000. Mr. Odio: You just said the magic words. Commissioner Alonso: I think we can find that money in the Law Enforcement Trust Fund, and it's specifically to help in cases like this. I couldn't see a better use for this program, and these funds that for a program like this. Rev. Hernandez: The biggest problem is that we can buy items, but we cannot pay salaries. Mayor Suarez: With Law Enforcement Trust Fund monies under the state... Rev. Hernandez: I think. Commissioner Alonso: Well, let me put it this way. Rev. Hernandez: The attorney might be able to help. Commissioner Alonso: It's just a question of how you divide your program, and what you present to them. And I think that... Mayor Suarez: You have to do a little creative accounting, Reverend. Commissioner Alonso: Yes, it's as simple as that. And when we have people who need help, when you hear young women coming in front of us and telling us exactly what they just said, I think that's the reason that that money is right there. To help to avoid having problems in the community with drugs... 287 October 3, 1991 ' , . a Mayor Suarez: And the connection with crime is... Commissioner Alonso: I would move that they consider providing... Rev. Hernandez: Chief Ross is very supportive, and I think he can help us. I don't know, and the attorney... Mayor Suarez: We're going to try one more time, that's the best we can do, Reverend. Rev. Hernandez: OK. Mayor Suarez: To fit it within the definition... Commissioner Alonso: As the attorney should say, they qualify because if not, I don't know why that money is available. Do they qualify? Rev. Hernandez: OK, we'll... A. Quinn Jones, III, Esq.: Dr. Alonso, I'd have to look at the ordinance again. Mayor Suarez: What about CDBG social services money? Commissioner Alonso: Well, I'm telling you, before you look, that, yes, they do qualify. i Mayor Suarez: For no... for the next... also make sure you apply it in the next round of CDBG as suggested by Commissioner De Yurre, for the social services component of the next grant year which will be approved by July, and the application process begins fairly soon. Commissioner Alonso: They should also apply. Mayor Suarez: But the Law Enforcement Trust Fund is another idea. If we can't fit it within it, Reverend, we have to go to the legislature early next year, and not only seek their funds directly for those kind of programs, but also seek a change in the Law Enforcement Trust Fund legislation to allow us more flexibility. It really is too much of a strait jacket, and I think we're 1; all going to be involved in it. V Rev. Hernandez: I'll sit down with Chief Ross, and I recommend.... a Mayor Suarez: All right. 3 Rev. Hernandez: Thank you very much. Mayor Suarez: Thank you again, Reverend. Item 52, downtown... Comnis'sioner Alonso: So, do we need a motion to instruct them to work together, or it's not necessary? Mr. Odio: Under the law, you cannot instruct the Chief of Police to go... 288 October 3, 1991 Commissioner Alonso: We have done it before... Commissioner De Yurre: We can recommend, no? Commissioner Alonso: ...with Better Way. Mr. Odin: You can recommend that he looks into it. Commissioner Alonso: Well, do we need to recommend or this is good enough? Commissioner De Yurre: OK, second. Mr. Odio: No, just send 1t to the Chief, he'll look.... Commissioner Alonso: OK, so... Rev. Hernandez: Thank you, Mayor, thank you, Commissioners. Mayor Suarez: Thank you, Reverend. Rev. Hernandez: I appreciate it. Thank you for your support. Mayor Suarez: Magnificent job that you're doing. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-753 A MOTION REFERRING TO THE CITY MANAGER FUNDING REQUEST BY REPRESENTATIVE OF SOUTH FLORIDA JAIL MINISTRIES FOR SUPPORT OF THE AGAPE WOMEN'S HOME; FURTHER DIRECTING THE MANAGER TO INVESTIGATE POSSIBLE FUNDING OF THIS EVENT OUT OF THE LAW ENFORCEMENT TRUST FUND. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: What am I voting on? Ms. Hirai: Recommending to the Chief that he consider funding for this thing. 289 October 3, 1991 56. PUBLIC HEARING AND DISCUSSION REGARDING DIFFERENT ISSUES OF CONCERN WITHIN THE DOWNTOWN AREA. Mayor Suarez: Item 52, downtown concerns. What format do you propose, Matthew? I see you fulfilling one of your many hats. Mr. Matthew Schwartz: The organizations downtown have gotten together, and would like to make a very brief presentations. We have nine speakers set up that will talk for two to three minutes. Then there are a number of people from the downtown community that we've asked to speak for one minute just to get the point, and not to repeat the point. Mayor Suarez: Very good, thank you. Mr. Schwartz: OK, thank you. And we'd like to open this up with Marty Fine from the DDA (Downtown Development Authority) board. Mayor Suarez: Would you use the timer just so that everybody knows how pressed for time we are. Thank you. Marty. i Mr. Martin Fine: Yes, Mr. Mayor, members of the Commission, I'm delighted to be here, and I'll be very brief. Unfortunately, that's always the situation when we talk about downtown. We don't really take enough time to deal with what represents about 30 some odd percent of the income that the City of Miami receives from real estate taxes that Miller was talking about earlier. Let me just say that I have had the pleasure of serving on the board of the DDA for about 15 years, and during that time - nothing to do with my service - there have been about three billion dollars worth of building for the real estate within the boundaries of the DDA. And so you need to be aware of the tremendous contribution that it makes in terms of taxes in addition to the service it provides. In addition to everything else, it serves as a downtown vehicle for visitors and obviously for people who live here. I had an idea you'd be pressed for time, and so I just want to make a few statements. I could really make one statement and sit down, and that would be I'd like to have Rodney Dangerfield's line and say to you, "I don't think this City Commission accords the DDA the respect it's entitled to." I think you trivialize it inadvertently and unintentionally, but you do. I don't think you've paid enough attention, and I don't think you pay the property owners enough attention. And I think that you really need to... (APPLAUSE) I really feel very close to all of you. I know you and I care about this City. I haven't lived here as long as J.L., but I've been here 47 years, and I've seen the change in the 42 years that I've been practicing law in terms of what happens here, and I really think you have to understand that some of you probably feel this is the Mayor's committee. But you're making a big mistake. This is the City Commission's committee, and the Downtown Authority really needs a lot of your time and attention. I think we need to cooperate and not waste time. I think we need to stop petty haggling about a few appointments or budgets. I think we need to get down to the business of saying that charter and the legislative body that created the Downtown Development 290 October 3, 1991 Authority set out its plans and its goals and its aspirations, and I think you ought to really consider ways in which you and your staff can be more helpful. Seems to me there are a few things that the City ought to do for downtown, in no order of importance at all. And, by the way, I want to say that everything I share with you is in a way of cooperation. I know how hard you work, and how dedicated you are, and how good your intentions are. And I couldn't sit up there and listen to all of this if my whole life depended on it. I know it's very hard for you to turn people away. And this last story, for example, that's a terrible problem that this community has to deal with, but these are some problems too. I think some of the things, in no order of importance, that the City ought to deal with is to finish Bayfront Park once and for all. Some 30 or 40 million dollars sitting here, and if you look at it now you wonder what the hell it really was meant to be when it all started, pardon my language. It really is unfortunate. I think you need to get to the business of finishing it. Somehow or other, you need to come to the conclusion about Camillus House and get that out of there. City of Miami has hundreds of millions of dollars invested in that overall area, or maybe a hundred million, I don't know. Herb Bailey has the exact figure. But I don't think anything good is ever going to happen until Camillus House is out of there. I think you ought to try to build... (APPLAUSE). I think you ought to try to build a trade and exposition center downtown which will serve as a mecca for companies throughout the world, probably from eastern Europe all the way to the Far East and central and South America, to come and display their wares. I think you ought to lobby and work with Metro - please pay attention to this one - Metro is about to agree to build an 80,000 to 100,000 square foot building somewhere in the downtown area to house their transportation operation. You ought to make sure that it goes in the very best place within the DDA boundaries that will benefit all of downtown, and I assure you that I personally have no interest where it goes or, perhaps the whole DDA doesn't, but you need to be part of the process to help lobby that it goes in the best place. GSA, thanks to your wonderful cooperation and assistance, is now building a building downtown that they should have built probably a decade ago. Seems to me you ought to get busy and get with GSA and tell them they're going to need another building in a couple of years, and they ought to build that downtown, probably somewhere in the Overtown/Park West area, probably adjacent to the building that the government center is going to build - pardon me - that Metro is going to build for transit, and probably next to transit station. I think you ought to really take another look at the Park West area, and see to it that you provide the funds to do what you said we were going to do when you lured those developers in there. You did it with the best of intentions, but you run out of some gas it seems to me, and you need to do something about that. About ten years ago, the City spent about $22 million dollars, as I recall, buying the FEC site on Biscayne Bay right adjacent to the Bayside site. That site is spectacularly underused. I know that Jack Luft and you are working on different plans for it. I think you need to get down to the business of doing something with it. I would suggest to you that you find some land in downtown Miami, and give it to the State of Florida on the condition that they will build the downtown campus for FIU. There is no major City in America that does not have a four year college in its downtown city limits. Go to any city in America and you will find that to be the case. We have a magnificent Miami -Dade Community College downtown. But if someone wanted to take their third or fourth year or, indeed, graduate courses in banking - Dr. Alonso, you know how that works, you have a Ph.D. - you cannot get that training downtown or those courses downtown. And that, in my opinion, is a public disgrace for 291 October 3, 1991 the City of Miami, and a waste of energy and time, because people have to go way out to PIU and way north to PIU. There are many other things that I think you could do in terms of working with Matt Schwartz and the DDA in a spirit of cooperation and in a spirit of, I think, caring about what really happens with the DDA. I think that we are probably in as bad a recession as we've been in since most of us have been around here. And I think we need to know that this is not going to abate overnight, and we're going to have these terrible conditions so the answer, pardon me, the challenge is to preserve what we have downtown. I think you're going to find tons and tons of people who will be protesting their tax bill this year in downtown property saying they're paying too much in taxes, so we need to preserve what we have. Let me try to close on this note. I think that the staff of the DDA is one of the most capable and dedicated staffs we have in any branch of City government, and I am not partial when I say that. I've served under three or four staff directors. I think this is one of the very best. And I think they're capable, very very _ conscientious people. I want to beg you again, and I say this in the kindest terms I know how, please stop the petty bickering between the City Commission or the staff or whoever, and the DDA about some budget items. And when people come up here from time to time and ask you for money, one of you say, probably in good faith, but it doesn't sound that way sometime, well, go to the DDA and get the money. I just don't think that's fair because the money the DDA has needs to be spent downtown on its projects. I would say to you that other than possibly one hotel and maybe an apartment building or two, in my opinion there will not be another office building built in downtown for the rest of this century. There will not be. And very soon, unfortunately, we're going to have a lot more office space downtown. And whether it is downtown at the Dupont Plaza or Brickell, in my opinion, is immaterial. And so you really need to know how badly we're doing downtown, and be much more sensitive to what the needs are. You know, in the DRI process and the environmental processing they have what they call "areas of critical concern" like down in the Keys. I would suggest, as a final closing statement to you, that you declare in your own minds emotionally and intellectually the downtown area be an area of critical caring about. That you care about this area, not in distinction to Wynwood or Allapattah or Overtown, but as another major area. Each of these other areas in the neighborhoods are every bit as important, Edison Center and upper Boulevard and Omni too. But you need to care about downtown. Once you lose some of the things that are happening downtown, in my opinion, they will never be regained. May I just say that I thank you for the opportunity to share these thoughts with you. I think one of these days very soon you ought to have a meeting entirely devoted to downtown. You ought to start at 9:00 in the morning and finish at 5:00 at night. And you ought not talk about another thing. Now, I haven't even touched on retailing because the folks back here are going to talk about that. But, Mr. Mayor, members of the Commission, I know you are well intentioned people, and you work very hard and take a lot of abuse. But I want to tell you that I think you could do a little better job in helping us work out a format where we can work with the City a lot better. I should say that these are my personal opinions. They don't reflect the policy of the DDA. So if you get angry, get angry at me. Don't get angry at them. And at this stage of my life, it doesn't make a hell of a lot of difference if you do get angry. So, it's good to hear from you. (APPLAUSE) Mayor Suarez: Thank you. Mr. McDonald. 292 October 3, 1991 Mr. James McDonald: Good evening, Mr. Mayor, members of the Commission. My name is James McDonald, I'm the president of the Downtown Miami Business Association. I know you've been here all day, and I don't know if anyone has officially done so, so I'd like to say on behalf of downtown business community, welcome to downtown. We're glad you're here. It's a real pleasure for us from downtown to have the City Commission meeting right here in our midst. On behalf of our association, and many of our members are here tonight, we'd like to offer you a little token of our esteem and to welcome you here we'd like to give you each of the members of the Commission and the Manager a DMBA coffee cup, which we have a storeroom filled with them so we're pleased to give them to you. And they were donated to us by Ace Sports, Danny Alvarez of Ace Sports. Vice Mayor Plummer: Is this gift under a hundred dollars? Mr. McDonald: Absolutely, absolutely. Marty Fine is a tough act to follow, and I'm not going to repeat a lot of what he said, because a lot of what he said I intended to say. But I'd like to... Commissioner Alonso mentioned or she was quoted once in the newspaper, and it's a quote that I think is really accurate. Commissioner, you said you were talking about downtown and you said, "...downtown Miami is," talking about neighborhoods, the City made up of neighborhoods, "...that downtown is everyone's backyard." I was thinking about that as I was sitting here waiting to speak and I was thinking, I think more accurately, downtown Miami is everyone's front yard. It's the front yard for the whole community, the show place that we all should be proud of, and we, as a group, as a downtown, are not in opposition to or any of the other neighborhoods. It's everyones' downtown. We've got a lot of things downtown that we're proud of and pleased about, and I'm going to just tell you a few things that are positive, because I'm sure you're going to hear a lot of negatives. But the downtown business community is really appreciative of the efforts that the Police Department has been making recently. The efforts are going in the right direction to do something about downtown security. It's always been a safe place, but now we're getting cooperation, more cooperation, from the police and we're moving in the right direction. The Ranger Program is another outstanding example of community efforts that are moving in the right direction. Mayor Suarez: Jim, if I may interrupt you, in case somebody here still doesn't know the person that I'm going to introduce, I'd like Assistant Chief Arnold Gibbs, who heads our Patrol, to stand up. (APPLAUSE) This was not planned. This was not planned, Arnold or Mr. Manager. Mr. McDonald: OK, the other thing, code enforcement. We're pleased with the code enforcement people helping us with signs and windows, etcetera. So there are a lot of good things going. The Miami Skyline Theater is going to be opening next year at Gusman. It's going to be another source of activity for downtown. As Mr. Fine said, we've got the Miami -Dade Community College, the New World School of the Arts, tremendous input to downtown as the members of the Commission, Mr. Plummer and Commissioner Alonso saw today on our trolley tour of downtown and the entire DDA district. There's a lot going on. The fact that you're here, as opposed to being in Dinner Key, I think is really something that we appreciate but more importantly, I think, as Marty Fine said, we may be the only major city in the country that doesn't have a four- 293 October 3, 1991 • • year college downtown. I would venture to say that we are the only major City in the United States, perhaps in the world, that doesn't have its City Hall and Commission Chambers downtown. And I think... (APPLAUSE) We all recognize the beauty of Coconut Grove and the building that you're in, but this is the center of the community. And Commissioner Alonso and the City, you members of the Commission, you've taken the first step toward... you're consolidating your offices downtown. The next logical thing has got to be that you come downtown. That this Commission meets downtown. And turn the present structure - it's a perfect place for an aviation museum or something of that nature - it's a perfect spot. The other issue that... two more that I want to touch on, or one more, really. And it's one that we're, we, the Downtown Miami Business Association, and others will be coming back to you on, it's the issue of Camillus House, Mr. Fine mentioned it. We, as an organization, and you, as a Commission, have been doing your utmost to do something about the homeless situation that we have here. But when we talk about downtown Miami and the growth that we all want to see, we've got to grapple with the issue of Camillus House. It's standing in the way of what has to be done between the bay and the Arena and between downtown and the north. So we're going to come back. We don't have a solution yet, but we're going to be coming back to you and working with you. So, again, on behalf of the downtown business community, welcome again, and we hope to see you here many more times. Thank you. (APPLAUSE) Mr. George Lehor: Mr. Mayor, members of the Commission, my name is George Lehor, I'm president of the Park West Civic Association. First of all, I'd like to say we're not asking for any money. Our emphasis, of course, is the Camillus House and redevelopment of the Park West area. Some figures - there are 17 blocks to be developed in Park West. Each one is approximately 150,000 square feet. The present assessed value of this property is about $14 a foot. We're getting revenue of approximately $71,660 per square block. Or for the 17 blocks, you're talking a million, two hundred and eighteen thousand, approximately. We have two developments that moved here on the basis that Camillus House would be moved. They've been fairly successful even though it's still there. The average revenue per block is a half -a -million dollars. What I'm suggesting, instead of possibly a million two hundred and eighteen thousand, the City could be getting eight and -a -half million dollars for that same 17 blocks. Right now, I don't think the City is getting anything because they purchased the blocks and they're empty. There's parking lots on there. I don't know if the City has any revenue at all. If you look at the economics and make your decisions based on economics, Camillus House would have been moved ten years ago. Because even with the price of buying it, you would offset that two million dollars in three months based on the amount of revenue that could be derived if development came in. The 17 blocks is just what the City was going to develop. This does not take into consideration the amount of private development that would take place if this area would start developing. John Cruz said several months ago before he opened his place, that if his building was successful he would consider another development that would not be subsidized by the City, but by private development. There's people out there. The trend in every large city is towards downtown. We have transportation problems, we have older people that cannot drive in the kind of traffic conditions you have in Miami or Boston or New York or some of the bigger cities. They need to be in a small community, they have to be in a 294 October 3, 1991 p i community where they can walk to the grocery store, walk to the dry cleaners and so forth. And what better place than Park West? We could have, with the development of Park West, a city within the City. On the basis of hi -rises, you could probably have 25,000 to 30,000 people within the area of Park West. Can you cor:.,:ider the amount of retail business and businesses that would be necessary to support that? What impact it would have on the downtown area as far as the shopping at Burdine's and all the stores down there? I think if you look at this economically, not with any emotions, you'll find a solution. We're not suggesting where to put Camillus House, but there's got to be a place. Dade County is a very big area. Thank you very much. (APPLAUSE) Ms. Lynn Lewis: Mayor and Commissioners, my name is Lynn Lewis, my address is 1101 Brickell Avenue. I'm president of the Brickell Area Association, which is an urban neighborhood. We have commercial property owners. We have approximately 30,000 workers who come to our neighborhood everyday. And we have 10,000 plus people who live in our neighborhood. We are an association who has voiced its goals and desires to you in the past. I hope you remember what we've said. I'm not going to repeat myself. We are part of the Downtown Development Authority's special taxing district. We are here to express our concern that this is a powerful tool which you created. The tool has become dull and ineffective. It's not being used properly. We have heard through Commissioner Dawkins and others the admonition that he wants to build the tax base. We think the Downtown Development Authority, if it were properly used, could build the tax base. We do not object to the tax. We welcome it. We think that it can be used to fund economic development which will grow the tax base, and from which good social programs, development, neighborhoods, parks, can come. We have met with you over the past weeks in considering the use of this special taxing district's funds. We've complained to you. We've been heard. We want to remind you of the purpose for which the Downtown Development Authority was created. And what its legislative mandate and limitations are. And those are to analyze economic change in downtown, to aid economic growth in downtown, to increase the property values in downtown. We would urge you, as you staff the DDA's board, as you utilize and approve the funds and the projects which come out of the special taxing district, we would urge you to listen to our members who say, yes, tax us, but use the money for the purpose for which it was created. Improve the economic development and growth of downtown Miami. We think you have a good tool. If you can hone it, and use it properly, you will build a beautiful and tax generating downtown. Thank you. (APPLAUSE) Mr. Phillip Yaffa: Good evening, Mr. Mayor, Commissioners, my name is Phillip Yaffa, 100 South Biscayne Boulevard, and I think I would have rather followed Marty Fine. I'm here tonight, as you may know, to talk about the Omni area, as I have been talking about the Omni area for at least the last seven years that I've been in Miami. And the other day I was talking about the Omni area to a group of friends of mine and saying as I often say, that some day Omni is going to be a great neighborhood. And a friend of mine stopped me and he said, Yaffa, let me tell you something, the road to someday leads to a town called nowhere. And I stopped, I said, that's great, you know, and I should stop saying someday. Because today Omni is happening, and a lot of the reason 295 October 3, 1991 Omni is happening today is because of you. I'd like to tell you a little bit of what's going on in the Omni area now, and thank you as 1 do so. There's the expansion of the Bacardi Corporation up in the Omni area. And we thank you for your assistance in that expansion, because we came weeks away from Bacardi moving, not only out of the Omni, but out of the City of Miami. And but for the extension of the DDA boundaries to the Bacardi to 24th Street to encompass Bacardi and some other promises that the City made to Bacardi, I believe they would have moved out of the City. We thank you for the Braman expansion that's occurring in the Omni area. We think that was a very bold and aggressive move on your part, and we know a move that you took with some deliberation. But for the loan that this Commission granted to Mr. Braman, I truly believe he would have left the neighborhood and would have had a tremendous economic loss. And so we thank you for that aggressive stance. Hopefully, Chinatown is going to happen, and we thank you for the assistance you gave Mr. Shih in his efforts.... Mayor Suarez: You got a lot of work to do between and October 24th, as you probably heard some of the deliberations today, Phil. Mr. Yaffa: I know. We would not be at the point we are today but for the help that you gave the project in the past with the various zoning variances. And whatever the future of that project is, we thank you for your assistance to this point and we wish him well. We thank you for the help that you have given to the Edgewater area of the Omni. I specifically would like to point and thank Herb Bailey - Herb Bailey, I stepped away from the mike - and the entire Planning Department for the assistance that's being offered to the Edgewater area right now, and the formation of the Edgewater Economic Development Corporation. I also want to specifically thank Mr. Pablo Canton and Hector Lima for the help in code enforcement in that area. I don't know if you are aware of it, in the last year or so, 46 crack houses have been destroyed in the Edgewater area. And that helps the entire Omni district. So we thank you for that assistance. We look forward to the purchase of the Jefferson Store by the school board, and turn ;what is now a vacant somewhat internal structure into an open beautiful office building housing the school administration offices. We are looking to the Venetian Causeway resurfacing, which will help our area. At the moment, there is talk about a dedicated bus route that's going to connect the Convention Center and the hotels in Miami, and specifically the hotels in Omni area, and that's an activity that's going to assist in the Omni area. We want to thank Equitable for the multimillion dollar expansion and improvement they just went through on the southern end of the Omni Mall. And if you haven't been inside the Omni Mall lately, you should go back in there because there is a new life being breed into this urban retail center, and Equitable is doing a great job in doing that. We also want to thank Equitable for the commitment to build a sky bridge that's going to connect the Omni Peoplemover station directly with the mall, for economic revitalization and increase in sales in that area helps our entire area. (ELECTRONIC TAPE MALFUNCTION) And we look forward to that coming on line. We have the acquisition of property by Knight-Ridder and the recent donation and acceptance by Dade County of the Sears Building for the home of our Performing Arts Center. Perhaps no other project in the Omni area will have such a great catalytic effect in revitalizing our neighborhood as the location and development of the Performing Arts Center on the Sears sites and on the site of the boulevard shops. In connection with the Performing Arts Center, I was here to ask you to do something for us in the Omni area. In 296 October 3, 1991 1986, with your assistance and help, we formed a tax incremental financing district. As we look into the eyes of 1992, this district still is not finalized, and that's going to take the signing of the interlocal governmental agreement. I know that the City and the staff of the City have reached terms of the language of that agreement, but we need your help in lobbying the County Commission to get them to move off center and get that agreement signed so we could start funding our tax incremental district. Security is possibly still our biggest problem in the Omni area. We have the highest petty crime rate of any area in the City of Miami. There are homeowners and property owners that constantly call me that want to renovate, that are renovating, that are moving into the area, but they're having problems with the people in the street, with crime. And we need increased police presence in this area. We beg of you not to reopen up wounds that are just recently healed and consider, as I read in the Miami Herald this week, a swap of the Naval property in Coconut Grove for a site on 15th Street and Miami Avenue. The Omni and Edgewater area currently house 26 different rehabilitation centers. I think that our part of town has pitched and is doing its help for those less fortunate than the people sitting here today. Don't consider 15th and Miami Avenue as a potential swap. We look for your help in this coming year with the implementation of our Omni economic redevelopment plan that the City Planning Department put together. I was in a telephone conversation a week or so ago with the consultants that the DDA hired in connection with the preliminary feasibility study for a trade mart. Mr. Curtis Stranger said to me, if Miami doesn't move on this trade mart, they're going to lose it to Orlando or to New Orleans or to Atlanta. And it's going to be the biggest single loss that Miami is going to suffer because we are too perfectly geographically situated not to capitalize on this potential. And we think the Omni area has tremendous opportunities to house such a trade mart. And we look for your assistance in that. Omni today is on the move. Omni today is truly realizing its potential. It's realizing the potential from the help that you've shown us in the past. We are grateful that someday is now today, and we look forward to today being an incredibly bright tomorrow. Thank you. Mayor Suarez: Very good, Phil. (APPLAUSE) Mr. Phillip Blumberg: Commissioners, one of my goals tonight is to get you i back on schedule, so I'm going to speak very briefly. Vice Mayor Plummer: Start off with your name and address. Mr. Blumberg: Phillip Blumberg, 1443 So. Miami Avenue. I'm representing the New World Center Group here tonight. And I'm here to emphasize not only to ;you, but as you do to the County, our downtown is clearly the engine of our community. It's the engine of our community much larger than the City of Miami, and that includes Dade County. And we look to the support, not just of this Commission, but the support of Dade County on the efforts that you're hearing enumerated tonight. Today maybe more than ever, we need to emphasize the importance of maintaining a vision for downtown Miami, especially at a time when we're facing much higher unemployment. We're facing a lack of new business growth and, in fact, loss of businesses. We're facing no construction of any material nature, and when the tax base is declining. Your problems tonight, as evidenced by not having the funds to accommodate very 297 October 3, 1991 worthy causes, are very much a direct result of the decline of our downtown. That decline needs to have some brakes put on it, and there's both the issue of projects that can make dreams fulfilled and there are issues that you will hear a little bit later about the obstacles we face. Our group, the New World Center Group, is facing an agenda this year that's perhaps more difficult to implement than at any time since it was formed back in 1976. But I want to relate to you just four items of this agenda that we think are critical for the future growth of downtown. First, as Marty Fine mentioned, Overtown/Park West. This is the largest, or was the largest, urban renewal project in the United States. It's lost it's momentum, and it has to have it back. Because as the heart of downtown, if we don't fix Overtown/Park West and all its problems, we're not going to fix the rest of this City. Secondly, is Bayfront Park system, a gorgeous Bayfront Park system, that's split into five or six little entities, we call FEC and Bicentennial and Bayfront and Watson Island. When, in fact, we have one of the most beautiful resources right downtown that any City in America has. We are hoping through our group to work with the City to help construct a comprehensive Bayfront Park system. A green park for the people. Downtown transportation projects. We're focused very heavily on those. To tell you the truth, we're a little tired of dealing with state, County, and other municipalities on planning for projects to go through downtown when we need to plan on projects for downtown. And lastly, something you've heard about the permanent international trade and exhibition center which I know this Commission, and especially Commissioner Plummer, will be heavily involved in. That is perhaps the biggest opportunity we have in the near future to build the catalyst for economic development, a chance to take advantage of what Miami is and help build what it ought to be in terms of international trade. I think our focus is to tell you that we need you. We're asking for your emphasis, we're not asking for miracles. We're asking for your energy and innovations, we're not asking for money you don't have. But we are asking for you. Thank you. (APPLAUSE) Vice Mayor Plummer: May I stop you for one minute. Mr. Mayor, for the edification of my colleagues on the Commission, the International Trade Board, an arm of this Commission, did, in fact, dedicate $25,000 to the study for the international trade exposition center. So the City is involved, and we are putting our money where our mouth is. i Mayor Suarez: And I think, coincidentally or parenthetically on the same issue, the presentation made to the Sports and Exhibition Authority for their involvement, I think missed something, Matthew. I think the next time that that issue comes up, I know that no final determination was made, I think that Vice Mayor Plummer ought to attend and I ought to attend, and the rest of the Commissioners to remind the Sports and Exhibition Authority what the initial intent of that authority was, and the priority of an exhibit facility as much an arena, so that we get back on track on that issue. And I think that maybe that... Commissioner De Yurre: Well, just for the record, I offered the FEC property if they wanted to use it. Mayor Suarez: Right, well... 298 October 3, 1991 Commissioner De Yurre: So we're working with them. Mayor Suarez: OK. But we have to refocus on that as initially envisioned. Because it's a high priority, it's the major remaining capital improvement - priority of, you know, of the City really, of the ones that were on the drawing board certainly when I got elected in 19850 and I'd like to see it get done. Mr. Rafael Kapustin: My name is Rafael Kapustin with offices at 25 S.E. 2nd Avenue in downtown Miami, for the last 20 years. I'm a property owners as well as a merchant. I would like to briefly share with you some interesting demographics about what downtown means to the City, the County and the state, then highlight how dramatically dangerous is our present status, and finally offer some specific suggestions, just in a few minutes, and I promise to read fast. First the good news. Downtown, as described by the DDA boundaries, encompasses approximately one -and -a -half square miles, or only 4 percent of the entire City of Miami. However, downtown contributes almost 30 percent of all property taxes of the City of Miami. By the way, twice what it did ten years ago. Downtown pays for 23 percent of the entire City of Miami police force. Downtown employes 110,000 people with earnings in excess of $500,000,000. Downtown is blessed to have over 30,000 students receiving higher level education. Downtown generates over $35,000,000 in property taxes for Dade County, over $60,000,000 in sales taxes for the state, over $80,000,000 for taxes to the federal government. Downtown has approximately 12,000,000 square feet of office space or the equivalent of 12 Dadelands. It has approximately 3,000,000 square feet of retail space or equivalent of 3 Dadelands. Downtown provides hotel accommodations for over one -and -a -half million visitors a year. And is visited by over 3,000,000 cruise passengers yearly, making the Port of Miami the cruise capital of the world. By the way, a lot of these statistics come from various studies, but specially the Harmon —; Siler George study of about a year ago. Now some of the bad news. At the national level, our state is number one in unemployment. Losses in leading companies such as Eastern, CenTrust, AmeriFirst, and now the 89-year old Southeast Bank, are yet to be felt; read today's front page of the Miami Herald. Some experts predict office vacancy rates moving up to 40 percent, unemployment of professional in banking, accounting, legal, education, and government are moving up dramatically. Student population is becoming stagnant due to budgetary constraints. Tourists and visitors, especially those coming from Brazil, are being lured to stay and shop in Orlando and spend less time in Miami. You'll hear more about this. Property values plummeting and tax revenue dropping accordingly can create a catastrophic domino effect. Services and police protection are being curtailed because of lack of funds. And last, but not least, the homeless issue. While we have a very serious responsibility to work together towards a solution to the social problem of the unfortunate homeless people, it is also true that there is small, but very visible, number of individuals in downtown that fit under the category of professional homeless, and are doing a good job of taking over our streets. Let me define that. By professional homeless, I don't mean a professional, who, by an economic misfortune, has become a homeless and needs our help to pull him or herself out. But rather an individual who decided as a profession to be a vagrant. Who does not want to be helped. Who does not want to put any effort or be accountable for any acts. But would much rather live on the streets, beg or steal, and use the protective umbrella of being homeless to escape the responsibilities of our everyday life. This past 299 October 3, 1991 Monday while President Bush was giving his speech here in downtown Miami, I was giving a tour of downtown to a prospective new tenant that I had courtship for over one year. If I was to mention now the name of this prospective tenant, everyone in this room would know who it was and would be cheering for them to come to downtown. As we were walking along 2nd Avenue just south of Miami -Dade, a group of five or six professional homeless approached us with a peculiar "walk dance." They were gobbling their wine and beer, these guys, in paper bags. They completely surrounded us. Don't worry, don't worry, I said to my guest. I know them for many years. They're OK. I failed to convince my guest. That was the end of the tour. Under the guidelines of our Police Department, no crime was committed. Under the guidelines of the businessmen, a terrible crime was committed. Not only did we lose a year's work and a good tenant for downtown, but you can be sure that the story of how these heroic people escaped the evils of downtown Miami will be repeated over and over again in all social and business circles back at home. Merchants and property owners in downtown Miami have taken responsible and unprecedented measures to help themselves. More so than any other group anywhere in the City, County or State. After paying all governmental taxes imposed on us, we pay this year an additional voluntary one and -a -half million dollars to fund an organization whose only goal should be the development of downtown Miami, and that should be free from political pressures. We will also pay this year, as an extra, almost $500,000 to fund an experimental, for the second year, semiprivate police system that we call City Rangers, to complement the inadequate police visibility that exists in downtown Miami. We have proven to everybody that we're willing to do our share and more. But the task in front of us cannot be done by any one group alone. It cannot be done by the City Manager and his staff alone. And most certainly cannot be done by elected officials alone either. Gentlemen, ladies and gentlemen, instead of pointing fingers at each other, let's roll up our sleeves and take responsibility in doing something ourselves rather than telling each other to do it. Today we come to you as a united group to ask for your leadership as our elected government officials, to implement immediate emergency actions to protect the economic health of the City of Miami and all its neighborhoods the only way possible, with a healthy downtown. Please come and meet in downtown with us more often. I promise you, it's addictive. You're going to get to like it. Let's work together for more police visibility. Let's work together to return the streets to our taxpayers. Let's work together to improve our image. Let's work together for a more efficient use of our tax dollars. Let's work together to bring new business to downtown. Perhaps the most important accomplishment we can attain here today is a real sincere commitment to work together. Thank you. (APPLAUSE) Mayor Suarez: Matthew, we have one or two other important items to be done here today. Please warn the speakers to keep it simple. With Rafael Kapustin you might as well not even warn him to not overstate things. He's going to overstate things in any event. But it's getting repetitive, and... Mr. Dan Salzverg: I promise not to be competitive, Mayor. My name is Danny Salzverg and my family owns and operates seven sporting goods stores in downtown Miami, and also are property owners in downtown Miami. I want to talk to you giving you the point of view as a retailer from the street level, growing up in downtown since I was a boy. And I've been asked to speak to you about international business as well. Being that all our stores are in 3 300 October 3, 1991 i a } downtown Miami, all our eggs are in one basket. When I went around to retailers during the last few days and asked them to come to this Commission meeting... and, by the way, thank you for meeting down here. It's good to see - you i n body and, hopeful ly, you can be here i n spi ri t as wel 1 . Hopefully, we'll meet down here permanently one day. The first concern that the retailers expressed to me was the lack of a police presence. Having grown up here for 20 years, I remember feeling very safe in downtown, and seeing a lot of police. Seeing police, basically, on every corner. That was the number one complaint that I heard from retailers. Having got involved in the Downtown Miami Business Association and a little bit with the DDA, the tittle bit that I've had access to people presenting these problems was a general attitude of pay for it yourself. I read in the Miami Today where it was told to us that if we want the streets clean, we should hire our own street cleaners and get our own machinery. We already went out and basically almost hired our own police force with the City Ranger Program. And when we're told to keep paying for our own things, it makes us wonder what do we need the City for? -if we keep on being told to pay things for ourselves? This is confusing to us because you're our leaders. And if you're our leaders, we have to work together on this. The homeless.... the homeless is not Miami's problem. The homeless is a national problem. I read in San Francisco it was the number one problem that the citizens over there said. I read in Atlanta that there was a problem. And beside the humanistic point of view, as a businessman being up here, I can only tell you that the homeless are bad for business. When I mean they're bad for business, I mean friends of mine say, why should I go downtown because in Dadeland they don't let the homeless congregate. In Dadeland I don't have to be afraid to walk down the streets and get accosted, or get panhandled or get whatever. It's bad for business. And these are people who live here. You'll see an article outside that came out in the Newsweek magazine which talks about surrendering our parks and surrendering our streets to the homeless. Well, we're almost surrendering downtown to our homeless. It's almost reached epidemic proportions. And it's been belabored to death. I don't want to spend a lot of time on the homeless. I will tell you that we're at a crossroads in downtown, and up to now we've been able to succeed in spite of ourselves. We're at a crossroads in the office vacancy rate, which I have nothing to do with offices, but as a retailer, yes, we have a lot to do with offices. It has to do with the local business that we so crave. We've succeeded in spite of ourself, because we've been blessed to have Latin American tourists. Well, let me tell you, you already know that that business is tied to the dollar. And while we're having... I'm not up here telling you business is bad and complaining. Business, thank God, is good. We're in the middle of a recession because we're tied to foreign dollars. What happens when the dollar gets strong? When the dollar was strong, and all of us were running to Europe spending our money, we almost had to close a few stores because people can't come and buy. But what happens is, we're being challenged now. The enemy is not the Commission, the enemy is not Brickell, the enemy is not Park... the enemy here is Orlando. I hate to put it in terms of that, but that's what it really is. When you read articles about Miami airport, the number one enemy we're facing is Orlando. They're trying to lure these lucrative international spenders which make downtown flourish in a recession, direct to Orlando. Years ago, half of them had to stop in Miami to get to Orlando. Now, most of them are being lured to go to Orlando directly. - s I, as a retailer, had been offered space in Orlando, had been told by the tour operators that I deal with, get a space in Orlando, because Miami is not going to be necessary soon. You see, I happen to have my notes on the back of an k 301 October 3, 1991 article that came out which talks about shopping with a Brazilian flavor. This talks about how the number one activity Brazilians come to Miami for 1s to shop. You see, they go to Disney, and they go to Orlando to sightsee, but they come here to shop. And generally the message has been, shop... go to Miami, sightsee in Orlando, do what you want, but shop in Miami. They have the selection, they have the thing, they take care of it. And that's the way it's been. And we've gotten away with it in spite of ourselves up till now. — We're being challenged. We need to market downtown and Miami down in South America like we market our businesses. We need to market it. We can't sit back because they're just not coming to us any more. A couple of negative notes and sad notes, is I have to hire somebody full-time to promote my stores down there because Orlando people are promoting down there. And when he came _ to me and said, we have to promote Miami, you know what he told me? He said, we should make a lot videos, we should show all the police in the streets, we should show them Miami is secure, we should show that it's safe. And I thought to myself, how sad. We are not promoting us. Why should they come? We're promoting that you're not going to get mugged here. Well I'm sorry, there's a negative perception we're fighting. And, you know, I really shouldn't mention that there's a negative perception, but it's not a negative perception, it's a reality. You see, the Brazilian American Chamber of Commerce chairman reported that - reported to the Brazilian Consulate - in July 1st or July 30th, there were 600 'robberies on our Brazilian tourists. That's 20 a day. Talk about biting the hand that feeds us. Why should they come to Miami? We have to give them a reason. I just dealt with some Argentine clients who are good friends, and we've dealt with them for a long time, and he whispers to me, he says, you need to open a store in Saw Grass Mills. I said, why? All I know is downtown, that's what we're about. He says, you may be doing well down here and congratulations to you, but if the Brazilians don't come tomorrow, who are you going to sell sneakers to? -the fish in Biscayne Bay? You know, it sounds absurd, but it registered that he wasn't too far off the truth. Getting back to perceptions, to perceptions. I = have read - I don't know how accurate it is - I have read for instance that the Miami Arena, the Miami Heat, the only team in the whole NBA that doesn't get supplied police protection by the City, is our team. As a result, there's a lot of things going on now. I grew up in this City. I remember going and cheering for the Miami Dolphins and Joe Robbie, I remember reading in the papers, I was just a boy, fixed the stadium, fixed the stadium, on and on. Well, the end result is, is a nice private stadium now on the County line. But let me tell you something, ask the businesses around the Orange Bowl if - they were affected when that thing moved, which is in our tax district. And let me tell you something, that stadium up there, now people fly into Ft. Lauderdale, stay in Ft. Lauderdale, stay there, those dollars are going directly to Broward. Why am I saying this? Because I see a parallel being drawn. I hear things about the Orange Bowl maybe considering to go up there again. I hear things maybe of the Miami Heat going up there if they would build an arena. Of course, no one is lining up to build an arena, but let's = learn from our past mistakes. Let's learn that we have to work together. We have to market ourselves. We have to... let's not let history repeat itself. And let's stop shooting ourself in the foot, because the writing is on the wall and I'm very worried. I'm worried tourism -wise, I'm worried local trade - wise. I want to sell Miami, but I want to have something to sell. Thank you. (APPLAUSE) 302 October 3, 1991 Mr. Tony Alonso: My name is Tony Alonso, I'm from LaEpoca Department Store, 96 N.E. 2nd Avenue. I'm also a member of the Downtown Development Authority, the Downtown Miami Business Association, and the Park West Civic Association. Mr. Mayor, members of the Commission, downtown Miami needs attention. Its past successes can no longer be taken for granted. The tax base has begun to decline for the first time in my memory. We can no longer say, it's business as usual. We all need to invest our energies and resources in downtown Miami. The economic importance of downtown Miami relative to the City of Miami, as a whole, is evident. The neighborhoods need now, and will continue to rely more and more on taxes collected in downtown Miami to fund the basic municipal services. These monies will come from growth and development of the downtown area, if you don't want them to come from the backs of the neighborhood taxpayers and voters. Downtown Miami is unique. It has a viable and vibrant retail component. With the advent of the neighborhood shopping centers through the last 30 years, most downtowns in the United States practically died, while downtown Miami has thrived to become the largest shopping center in Florida. With rental rates comparable to the highest anywhere in the country. It's the resourcefulness and the talents of hardworking merchants that has made a difference in Miami. We need your continued support if we are going to remain successful. We need you to listen to these people here today. There are problems, major problems. I think you have heard them. I'm going to try to skip through this area because you've heard most of the problems. And they need to get solved. And we can go on all night, but I'm going to try to make it brief. One thing I would like to say as far as police protection being a very important issue, 12 years ago when the total deployment of the City of Miami was less than 500, downtown Miami had twice the number of policemen that are deployed for downtown today where deployment is, I believe, over 1,100. It's less than half that we have lost. Police being a very important issue. The homelessness, but we've covered all of that. I challenge the City Commission to meet quarterly in downtown Miami to address our present issues. I challenge each Commissioner to take on one issue of your choice relating to the downtown priorities you have heard here.today. In a broad sense, the homeless, security, business development, housing, and international trade. And, in closing, I'd like to say that the business community and its responsible civic minded volunteers through the Downtown Development Authority, the Downtown Miami Business Association, the New World Action Committee of the Chamber, the Park West Civic Association, and the Brickell Area Association, are doing all we can to reignite economic forces to develop downtown to its full potential. We urge you to give us your full commitment, and look forward to working with you in an atmosphere of cooperation and mutual respect. Thank you. (APPLAUSE) Mayor Suarez: You almost done, Matthew, with the speakers? Mr. Schwartz: Yes, I believe there's just a few other speakers that would Just like to talk for 30 seconds or less. Mayor Suarez: Please. Mr. Schwartz: ...some other points. 303 October 3, 1991 Mayor Suarez: We got a couple of other items that are important, as I've been stating. And it is getting quite repetitive, not to mention overdone and overstated. Mr. Wallace Lazarus: Well, I'd just like to introduce myself, and I'll take the 30 seconds. I'd like to quote what's in the paper this morning. It's the business section, and in the middle of the business section... by the way, my name is Wallace Lazarus. I'm a property owner downtown, and we feel that there's a commitment that can be made by the City of Miami that really challenges the future. The article says, "What a dichotomy. A boom town on one hand and a structurally crumbling community on the other." James Russell points out that Forbes characterized south Florida as "...a place with a diverse economy, rapid new business growth, a healthy wholesale and retail trade, and expanding bank deposits." Building on its deep Hispanic roots and proximity to markets in Mexico, the Caribbean and South America, Miami is attracting a surprise new wave of blue chip investors and traders from the United States, Europe and Asia." That's what Business Week said. I think that we have to take all of this in mind, and I would like to just say one thing, that we should aggressively work toward, in conjunction with other things that have been said about downtown Miami, and that is the trade and international exhibition and center. We need to do a public -private type of development. And work toward a goal whe-u we could use some funds that will come through bonding and/or tax incremen`: rinancing, if the right location is found for the center, and not to lose it to Orlando, Houston, New Orleans, or some other city, perhaps even Atlanta, because we just didn't take the effort. Thank you very much and I don't have any gifts. Rev. Dennis L. Tarr: Mr. Mayor, Commissioners, I'm wearing a couple of hats today. And one is as the minister of the old First Presbyterian Church in downtown Miami which is 3 months older than the City, and also wearing a hat as a member of the Brickell Area Association. You've been listening to a lot of speeches. You have been challenged by Mr. Fine whose comments I wish to second, and many others. But there's one little thing that hasn't been talked about. And I guess I'm want to speak about a renaissance that's going on that you may not be aware of. People are moving back to the Brickell area with children and families. They're leaving the Kendallized area that we know and love so well and coming back to the heart of the City. There is a series of things that are happening in terms of people making the decision to stay. And it's because there's a certain sense of a faith in the future of this City, and you're at a crossroads. There's a very precious thing happening. The Brickell Area Association is becoming a wonderful residential community getting its act together and wanting to really make a difference. Please don't quench that spirit. Because at the heart of everything we're trying to do in building a better downtown has to do with perception, it has to do with a belief in the future, it has to do with safety, it has to do with economic development. Certainly all those. But it also has to do with something internally in terms of a great place to be, and to invest in the future. And so I encourage you, as Mr. Fine did, to make sure that the Downtown Development Authority is permitted to do its job. Don't interfere with it. There are community groups that want to help them in partnership, to turn this into a terrific place, internationally and locally. And just as our little old church has made the decision to stay and we're working with it other congregations and Temple Israel, we need you to help us help you. Especially in that very intangible thing called the spirit. And there is a renaissance, 304 October 3, 1991 P, there is a cultural thing happening. Fifty-two concerts this year at 609 Brickell Avenue. Why? Because people believe in the future. So help us help you. Mayor Suarez: We appreciate the churches and synagogues staying downtown in the central areas of the City. And the renewal of the spirit that you have provided is extremely important to continued viability of Miami as a City. I think you have stated it very well. Mr. Sal Behar: Good evening, Mr. Mayor, Commissioners, my name is Sal Behar and I own a business in downtown Miami, 275 N.E. 1st Street. Tonight you have j been challenged and you have been told all the good things and the bad things. ! I don't want to challenge you. I'm a store owner downtown that spends over y $20,000 a year in promoting downtown, promoting my store. I want you to... (ELECTRONIC TAPE MALFUNCTION) ...positive things. We just got a new baseball team that's going to be starting in Miami in two years and I can only say to j everybody that is a downtown community, that we either pitch or get off the mound. We got to get Miami on the road with a positive view to the world. We are the door from Latin America into North America. Please help us promote downtown in a positive way. Thank you. Mayor Suarez: Thank you, Sal. (APPLAUSE) Mr. Duke McBride: Commission, I'll be brief. These people that are standing here behind me are representatives of the neighborhoods who are members of a group called Resolve, which a tot of you have heard about. And this is the representatives of the first time that the surrounding neighborhoods of downtown, the Downtown Development Authority and the Downtown Miami Business Association has joined hands. I'll be brief. We just have a few points to cover, and as you may know, they all refer to the homeless. The first point we would like to make with this Commission is that we commend the DDA and the dedication of part of their funding source revenues to the issues of the homeless as directed by this Commission. And we would strongly urge this Commission, as they take up the budget of the DOSP, the Department of Off Street Parking, which will be coming up in less than 30 days, that they consider them also as impacted greatly and also as another source of possible revenues to be expended. Mayor Suarez: Gee, why didn't we think of that first? All right. Got a very specific idea coming up here. Thank you, Duke. Mr. McBride: Thank you. The second item is the permanent intake center that we, as Resolve, had been working on as part of the community homeless assistance plan. We would ask this Commission to adopt a policy that that first homeless assistance center be located outside of the limits of the City of Miami. Our second... Mayor Suarez: Well, you won't have any problem with having a resolution approved to that effect here. Mr. McBride: Thank you very much, Mr. Mayor. 305 October 3, 1991 Mayor Suarez: Implementing it or getting the other municipalities approval, you know. Mr. McBride: I'm two for two then. Unidentified Speaker: Well, you got to start somewhere. Mr. McBride: I'm two for two. I would like a continuation of the tremendous cooperation between the administration and the members of Resolve. And as was indicated by this Commission before any of the expenditures on the homeless are done, they will be brought to your Commission as approval. And we ask a continuation of Resolve's input. We would also ask you that, as the emergency component of the community homeless plan here beneath 395 comes to a close very soon, we ask this Commission to return or do whatever... seek whatever methods need be to return that site under 395 between Biscayne Boulevard and 2 Avenue, to it's original condition as a place of business for the Department of Off Street Parking. We also ask that part of those revenues that will be expended on the issues of the homeless go to an outreach program because as we encountered on this emergency component, some of the resources were misdirected, and they were directed towards persons not only not within the City of Miami, but not even within the County of Dade. And sixth item is that we also urge you, as Resolve, in an item that's coming up as item 48, to support the possibility of the City of Miami making available the Beckham Hall location. And last, but not least, we would ask as the City hires entry level persons to fulfill all those vacancies that were vacated during the recent budget retirement plan, that this Commission take a policy to dedicate only ten of those entry level positions in GSA to qualified homeless candidates. Mayor Suarez: Very good. Thank you, Duke. Mr. McBride: Thank you. (APPLAUSE) Mayor Suarez: All right, final speaker, Matt. Mr. Doug Mayer: My name is Doug Mayer. I'm the director of development for the New World School of the Arts, and I'm also a resident of downtown Miami. I just wanted to tell you very briefly the New World School of Arts is something that you can take pride in. It's an organization that is put together jointly by Dade County Public Schools, Miami -Dade Community College, and Florida International University. And to correct Marty Fine and to correct Jim McDonald, the New World School of the Arts offers a full four-year degree in the downtown area, so we do have a full four-year degree program in downtown. I know it's not a full university, but still that program is there. I wanted you each to take a look at an article that appeared today in the Miami Herald under the local edition. It's in the packet that I gave you. And it talks about the high school and the success it has had, and the college and some of its successes also. Some of the concerns that we have in particular at the school have to do with security. One of the things, you asked for some specifics, one of the things that would be very helpful on our block is to get some increased lighting. We have a number of students who are in the theater in the late evening. We have classes taking place there at the community college until as late as 9:00 or 10:00 o'clock at night. So some 306 October 3, 1991 increased street lighting would be very helpful. We would also like to see the possibility of some additional trees along our block. That kind of thing would be important to us. One of the things that I wanted to mention to you also is that the school is growing. We're only about one-third the size that we intend to be. Very shortly we're going to be applying for Community Development block grants to support renovation of buildings in and around the site that we're at right now. Those are principally the issues that we're concerned about and I thank you for your time. (APPLAUSE) Mr. Ignacio Garcia: Mr. Mayor, members of the Commission, Ignacio Garcia, Bayside Market Place Merchants Association, 401 Biscayne Boulevard, Miami. First of all I wish to thank you. This is the first time that the members of the Merchants Association have addressed the Commission. I'm going to be brief. I was very active during the early days of the Bayside process. Going back to 1980 when this project was envisioned by the Commission and redevelopment of the waterfront commenced, many residents within the City and County were apprehensive as to the degree of success of Bayside. In less than five years, we can say that this year the attendance is going to reach the eight million level. We have been able to capture approximately 60 percent of the tourist traffic, and we have a fiscal impact within the City and County of approximately 2.7 billion estimated for this year. Your cooperation and assistance, not only of the Commission, but of Mr. Odio and his staff over the past few years, has definitely been a factor for this success. We can't rest, however. Two issues would like to be addressed today, in order to continue to secure a pleasant atmosphere, secure, and harassment free to both the residents of Miami and the visitor market that have contributed towards this success. Two members of the members of the association will address you briefly. Excuse me. Mr. Phillip Buglino: Honorable Mayor and Commissioners, my name is Phillip Buglino, 401 Biscayne Boulevard. Bayside is a success. It has brought millions of people back to downtown Miami in the evening hours. We'd like to acknowledge and thank the City of Miami for helping create these centers of activities, such as Bayside, Miami Arena, and Bayfront Park. Now we need to take the next step to improve pedestrian flow without feeling insecure... I'm nervous as hell, OK. Mayor Suarez: That's OK, we're tired as hell, so it all works out. Mr. Buglino: OK, good. ...insecure and need to increase the participation of prospective pedestrians in downtown Miami. The goal is linkage, Downtown Miami Business Association and the Downtown Development Association are paying for rangers. Bayside is paying for security and the City of Miami is doing what they can. However, the Department of Off Street Parking is making a tremendous amount of revenue on the boulevard as a result, and not allocating any dollars for security. The Department of Off Street Parking should hire officers to serve these linkages. Mayor Suarez: Two good ideas related to the Department of Off Street Parking. I like it. 307 October 3, 1991 Mr. Buglino: Thank you. I'd like to present Carol Ann Taylor, the president of the Bayside Merchants Association. Vice Mayor Plummer: Did you make a statement that the City is not doing anything for security at Bayside? Mayor Suarez: Yes, I think that was... there was the implication there, but... Mr. Buglinos No, I didn't. I said that they're doing what they can. Mayor Suarez: Right. That's the implication, but I think we... Vice Mayor Plummer: There's 16 officers assigned to Bayside? Mayor Suarez: ...officers in that detail. Mr. Buglino: Yes, there are. Vice Mayor Plummer: And you want more. Mr. Buglino: I'm talking about Off Street Parking on Biscayne Boulevard. Mayor Suarez: No, he was comparing to Off Street Parking. To the Department of Off Street Parking. Vice Mayor Plummer: Oh, oh, OK. Mr. Buglino: There is no security on Biscayne Boulevard. Mayor Suarez: There was sort of an implication there when you talked about Bayside providing its own security that the City wasn't participating in any. Mr. Buglino: No, we have... no, they were. No, I've experienced panhandlers going up to prospective customers, parkers, and asking them to pay for parking space because there's no security on Biscayne Boulevard. We're talking about Off Street Parking putting their hands deep into their pockets. Thank you. Vice Mayor Plummer: I misunderstood you. Ms. Carol Ann Taylor: My name is Carol Ann Taylor, I'm president of the Bayside Merchants Association. Phil, by the way, is chairperson of our mall operations committee at Bayside. As both Nat and Phil have mentioned to you, Bayside has become much to our happiness and yours, I'm sure, the number one attraction for visitors and tourists in South Florida. At least 60 percent of everyone that comes to South Florida visits Bayside at some point. They bring their children, they bring their grandmothers. Downtown Miami and Bayside and the Arena and Gusman Center and the New World,School and all of the things down here are making this a world class City. People do not look to Dade County. This is the City of Miami. It is a beautiful City. I think there needs to be more linkage, and we are asking specifically that the City of Miami please try to begin to promote downtown Miami, to promote Bayside, to promote the Arena, to link together the convention, your Convention Bureau - your Convention Bureau - with the downtown hotels, with the merchants at 308 October 3, 1991 Bayside, with the downtown merchants. Take some of Off Street Parking's money, take some of your Convention Bureau's money, and begin to form this link. Because we're the reputation on which all of South Florida rides. Secondly, we are asking you to please try to do something both short term and — long term about the FEC property, and the marina at Bayside. In addition to the fact that we all, including you, lose millions of dollars in revenue because of the condition of the marina. It is really a disgrace too. It's like inviting people to your house, and then not offering them a drink of water. I mean, this 1s the bay. It is stellar, and we have to do what we can to make it that. Thank you very much. Mayor Suarez: Very good, Carol Ann. (APPLAUSE) Mr. Willy Gort: Mr. Mayor, Commissioners, my name is Willy Gort, with offices at 80 S.W. 8th Street. I'm here to talk to you on behalf of... as past executive director and president of Downtown Miami Business Association. As you can see, you have a group of individuals here. They want to work with the City, have work in the City for the past 15 years. I first came to downtown in 1982 as the executive director of DMBA. And a lot of the plans that we have today, the Bayside, and a lot of the accomplishments we have done in downtown we created at that time. And thanks to the Commission, to the staff, they were done. Now some of the problems that we dealt with back in 1982, we still have the same problem. And I'm glad somebody addressed the... use the house as an issue. Downtown Miami is the living room to Miami. Downtown = Miami is where all our community comes together. This is the one neighborhood - where we all come together in this one. Downtown Miami belongs to everyone. Every time we have visitors, where do we bring them? We bring them to downtown, because that's the living room, that's where we receive people. I want to thank you for being here with us and like always in the past, the - Downtown Miami Business Association and the downtown people here are willing to work with you. That's all we want to do, work with you all. Thank you. (APPLAUSE) Mayor Suarez: Willy, with your other hat of chairman of the Off Street Parking Authority's board, you might want to relay back some of the comments _ made here. All right, sir. Mr. Dan Dawson, Sr.: I waited till last, and you can go home after this one, I guess. Mayor Suarez: Unfortunately, we can't, but go ahead. Mr. Dawson: You can't? All right. To the Mayor, the Commission, and all concerned and present here tonight, good evening. My name is Dan Dawson, Sr., my father and I own and operate a business and property at 1140 N. Miami Avenue here in downtown. When I joined my father in business in 1977, business was very good. Even into the early 80's when I was starting a family of my own, business was good. Customers from all over Florida and from out of the country could shop with some sense of security. But as years passed, things began to change. The number of homeless and street people started to r camp around our property, and especially under the I-395 expressway. Their 309 October 3, 1991 • a numbers grew and soon they maintained a 24-hour presence and the litter from the street feedings grew. The negative effect on our business was immediate. With our numerous competition to the north and south, due to the scary and disgusting atmosphere, our customers were soon shopping elsewhere. Still cars slow down to shop, and simply drive off. The few that do stop are continually approached, for change, cigarettes, and sometimes robbed, or have their purses snatched. Our building has been burglarized. We've been assaulted and robbed and no matter how careful we are, things and tools and equipment are continually being stolen. Out of necessity, I began to contact the DOT (Department of Transportation) and the City of Miami on very numerous occasions. I was trying to get all of the responsible parties to fulfill their obligatory responsibilities. From the Department of Solid Waste to the code enforcement to the police to Commissioner Plummer, from the City Commission to finally you, your Honor, when we met in your office. When we last met, I explained the precarious position to you that we were in. I even submitted our three sixty homeless plan. In it we listed outlines of all the areas that need to be addressed, and how they could be most effectively accomplished. Then you smiled and promised your assistance. Instead, several weeks ago, you OK'd a plan to locate trailers under the expressway. I called your office, but I could only reach your assistants, your assistant, Linda Wolf. I voiced my opinion of what would occur, but that was all I could do. Since that time, the population under 395 between 1st Avenue east and 1st Avenue west has increased threefold. So have the street feedings. With them, come endless piles of styrofoam cups and plates, food containers, plastic bags, and uneaten food. With no rest facilities, the smell of urine and manure fill the air. Please forgive me, but this is what I deal with. The rats that are living off this are multiplying in leaps and bounds. These are ridiculous eyesores, and incredible health, safety, and sanitations problems. Last week, I even took your assistant, Linda Wolf, on a tour of the area, and showed her these things. She, in turn, wrote you an interoffice memo of her findings. The number one priority that this council, should be your first step, should be to establish facilitized temporary safe zones for these people. People wishing to feed or help could be directed to these areas. Then the Federal Judge Atkins would lift his restraining order. At that point, with the homeless being helped, the police could enforce the laws that the street people are breaking. Then maybe downtown could begin on the road to recovery. In conclusion, I ask that my words are not wasted as they were on June 7th, 1990 when we met on the same subject. My family and I place our lives in your hands this time, and ask that you take swift action. It's up to you. Thank you very much for your time. Mayor Suarez: Thank you. Thanks to all of you., (APPLAUSE) Mr. Dawson: I'd like to ask you one thing though. Since you OK'd the plan to put the trailers under there, why hasn't the City also, when you realized it was going to increase the population in the area, increase the maintenance in the area with solid waste and maybe stepped up some police protection, at least presence. Mayor Suarez: I don't agree with any of your statistics, but I'll take the question into consideration. 310 October 3, 1991 3 Mr. Odio: As a matter of fact, I... Mayor Suarez: I think your statistics are all backwards, but certainly the input that you've give us is important. I hope you give it to the County. Because the City has been very aggressive in this area, and I hope you give it to the State of Florida, and I hope you give it to the federal government and to Judge Atkins. I wish that the DMBA had continued in its intention of being a party intervening in that lawsuit. And I received your memo indicating that you won't, or you don't think you can do that, which I think is the wrong approach. I would insist on being a party to that action and intervening, Myra. I read the memo and I just don't know why you haven't done that. Ms. Myra : Because the City Attorney told us no. Mayor Suarez: Don't rely on the City Attorney. You have your own attorneys. And, you know, we're in that lawsuit and the policy of this Commission is set by this Commission, not... of this City is set by this Commission, not by the City Attorney, so if you want to listen to the City Attorney, well, that's your prerogative. In any event, your input has been most useful, and I think that we have quite a few ideas that have come out of this, specific ones. A few general ones, including the whole concern about the homeless with which it's hard to deal. But our... Mr. Dawson: What statistics do you feel that I was off on? Mayor Suarez: I will tell you about those privately. I think that the implication of the statement that the homeless had... a number of homeless encamped in or about the underpasses since the beginning of the outreach program has increased, is exactly backwards, from my observations and from the figures that we've got. But if you believe that.... Mr. Dawson: I invite you on a tour. As a matter of fact... Mayor Suarez: Sir, I don't need a tour. I'm glad you gave Linda Wolf from my staff a tour. Maybe she needed a tour, but I sure don't. Mr. Dawson: She could verify my findings to you. Mayor Suarez: I spent a great a deal of my time there. Mr. Dawson: Also, one last thing. I've called a number of times in reference to the building across the street from me. It's owned by the Park West Overtown redevelopment president, George Lehor. Mayor Suarez: Uh huh, he was here. Did you talk to him while he was here? Mr. Dawson: Yes, I did, but I asked him a number of times to provide restroom facilities for the people that live under the bridge that work for him. They continually urinate on his wall all day long. His building is falling apart. No one from code enforcement seems to be doing anything about it. Mayor Suarez: All right, we'll certainly be attentive to that. And I hope, Mr. Manager, that you move on that right away for code violations because that's a very specific concrete thing that you're requesting. 311 October 3, 1991 Mr. Dawson: I really appreciate that, thanks. Mayor Suarez: The rest of the issue on the homeless, folks, we're not giving - up. We're not giving up on getting monies from other sources. DDA's budget is going to be... ten percent of it is going to be made available for this issue. I think it's incumbent upon the Off Street Parking Authority, the City of Miami through CDBG grant monies, the County, the State of Florida, and the private sector, to complete a sufficient pot of money to complete the task we set out to do a few months ago and that began so successfully. And I'm certainly not going to give up on that despite some of the dire predictions that have been made here today that really kind of tend to sap our energy rather than give us the boost that I think we need in that. So those of you who are still energetic and optimistic and think it can be done Resolve... all the downtown people who have helped in this, the Omni area, Edgewater, thank you for your very positive statement there, Phil, and all of you really. Wish that all of the statements had been as positive as Phil Yaffa's and the Edgewater and Resolve folks. 57. GRANT SUPPORT, IN PRINCIPLE, TO THE BETTER WAY FOUNDATION GROUP BY EXTENDING A MONTH -TO -MONTH USE PERMIT AT BECKHAM HALL IN CONNECTION WITH THE PROBLEM OF THE HOMELESS - REFER TO MANAGER FOR NEGOTIATION. ------------------------------------------------------------------------------- Mayor Suarez: The two main items that we have left tonight that are not —� internal, are item 48 and item 51. We should try to do both of them. Forty- eight - what do we need to do? It says discussion of the... Mr. Odio: Let me tell you what it is. It was a request on a meeting that I had with the people from Better Way that I have to vacate the existing facility that they are now presently using because of Code violations. That if they could use a part of the Beckham Hall building that is now being used by the Corrections Department, to move in there on a temporary basis. We still have not received the transfer of the property from the County. We're working on that now. And I asked Mr. Bailey yesterday to go and inspect to j see if the facility has been vacated by the Correctional Department. And, otherwise, it's a policy decision... Mayor Suarez: What action can we take tonight to further this? Mr. Odio: Well, we need to get the deed from the County, and we also need to get a deed restriction waiver from the County since that facility was deeded to the City for sports use only. But since we have the precedent of the next door building, which is Beckham Hall, being used for the homeless at the present time, I don't think they could oppose this one. Mayor Suarez: Herb... Commissioner Dawkins: You know, may I? -Mr. Mayor? Mayor Suarez: Commissioner Dawkins. 312 October 3, 1991 Commissioner Dawkins: What are we doing? Are we attempting to slide the homeless people into Beckham Hall through the back door? -or what is so urgent that you have got to have more space at Beckham Hall? Somebody tell me. Mr. Odio: No, this is a request, Commissioner, from Better Way. Since they have been ordered to vacate the building they are using today, they wanted to appear in front of the Commission to request the temporary use of a facility and the only one we have is Beckham Hall coming up. Commissioner Dawkins: How temporary is temporary, Mr. Manager? Mr. Odio: I really... Commissioner Dawkins: Mr. Manager, I'm talking to the Manager, please. Mr. Odio: I don't know, Commissioner. I do not know. I told them that at some point we were in the process of negotiating. If you so order me to do so with the Homeless Coalition for the substitution of the Naval Reserve Center for that facility, and I told him that when we met. And they said they would talk to the Homeless Coalition at that time. So... Commissioner Dawkins: OK, thank you, Mr. Manager. Mayor Suarez: Duke. Mr. Duke McBride: If I could clarify again, Duke McBride, 200 S.W. 25th Road. I'm here now as a volunteer member of the board of directors of Better Way. Just to clarify with Commissioner Dawkins, all we're seeking right now is a policy decision by this Commission because the logistics of actually taking possession by the City of Miami at Beckham Hall have not yet been determined. However, we have a time critical factor here, and your next Commission meeting isn't until the end of the month, which is very close to the time where our building will be condemned. And we're asking the City here not for any kind of financial help, but a month -to -month type lease with a 60-day notice of eviction, while all of your other issues are being determined. The alternative, of course, would be the building sitting there vacant. And, of course, we would bear all the responsibility ofutilities and any of the costs associated with operating it. And we have also had an open dialogue with the Allapattah community, and... Mayor Suarez: Do you? Mr. McBride: Yes, sir, we do, and... Mayor Suarez: That's very helpful. support for the concept. Commissioner Alonso: Yes, I so move. I'll entertain a motion in principle of Mayor Suarez: An irrevocable month -to -month use permit by its terms is something that can be ended at any time, and if that's the best that we can do, the Manager can work that out. Yes, we... for the first time today, the issue was raised that somehow people get some vested property rights on a 313 October 3, 1991 a revocable use permit. It never came up in six years that I've been here. We've used it many times, but all of a sudden 1t came up today. Mr. McBride: Because of this. Mayor Suarez: It was blamed on the new City Attorney who started officially being the City Attorney today too, coincidentally. So, poor fellow, he's had a rough day. Not this guy here, but the other one. Mr. McBride: Because of the seriousness of our condition, we would, in abeyance, waive all of those... Mayor Suarez: Yes, I would hope so. Joel Maxwell, Esq.: Are they planning to make capital improvements at the site? Mr. McBride: No. Unidentified Speaker: Minor. Mayor Suarez: They would have to make minor, yes, minor improvements only. That would be a condition. Mr. Maxwell: That's a concern that our office has when that occurs that they make improvements that will allow them to raise an estoppel issue in the future. Mayor Suarez: All right. With those understandings, I'll entertain a motion of support for the concept and referral to the City Manager to work out the details. Commissioner Alonso: Yes, accepted. I so move. Mayor Suarez: Seconded. Any further discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-754 A MOTION IN PRINCIPLE GRANTING REQUEST FROM THE BETTER WAY FOUNDATION PROGRAM FOR A MONTH TO MONTH USE PERMIT AT BECKHAM HALL WITH THE CONDITION THAT SAID GROUP WOULD BE ALLOWED TO MAKE MINOR IMPROVEMENTS AT THE SITE. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: 314 October 3, 1991 AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins. 58. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION AMENDING RESTRICTIVE COVENANT FOR PROPERTY OWNED BY FEDERAL DEPOSIT INSURANCE CORPORATION (AS RECEIVER FOR SUNRISE SAVINGS AND LOAN ASSOCIATION) AT S.E. CORNER OF S.W. 27 TO 25 AVENUES AND S.W. 22 STREET TO 22 TERRACE - TO DEVELOP A SUPERMARKET (Continued to October 24th). ------------------------------------------------------------------------------ Mayor Suarez: Item 51, Vice Mayor. Vice Mayor Plummer: All parties interested in item 51, if they would please come forward. Let me ask if what I heard... actually, I only want the ones to come forward that want to testify. OK, you don't all have to come forward, I'm sorry. Do the homeowners have a representative or a counsel, legal counsel? Sam Poole, Esq.: Yes. Both. Vice Mayor Plummer: OK. Somewhere around, I heard a vibration saying that there was possibly a compromise worked out for a possible deferment from this j evening to given more time to be worked out. Is there any truth to that vibration that I heard? E Mr. Poole: There is much truth. i Vice Mayor Plummer: All right. Is that... _a Unidentified Speaker: But not all. l Vice Mayor Plummer: Excuse me. Is that all from parties involved? It Unidentified Speaker: No. F Mr. Poole: There is a third party represented by Mr. Fletcher, who most �1 i certainly will speak for himself. That it is not... Vice Mayor Plummer: You've got to speak up, I can't hear you. Commissioner Alonso: A third party. Mr. Poole: There's a third party represented by Mr. Fletcher who will certainly speak for himself. But the homeowners association, the Silver Bluff I 315 October 3, 1991 x Homeowners Association, would like to have read into the record the issues that we have agreed upon in principle, so that when we come back on a continuance on the 24th, that... Vice Mayor Plummer: All right, Mr. Fletcher, the parties that you represent, sir, are they in agreement to a deferral? John Fletcher, Esq.: I think, since there's going to be a document prepared which, supposedly, will list what the understanding is, that it will be necessary to have a deferral under all events. We would prefer to have resolved it tonight. It's been a long day. We would have preferred that, but, obviously, your preference, at the moment and the need of these parties, is to put an agreement together. I just wanted to state clearly for the record, that we are opposed to the settlement agreements. So everybody knows when we come back that it will be that situation. Vice Mayor Plummer: Mr. Price, you represent the applicant? Mr. Price: Yes, sir. Stanley Price, One CenTrust Financial Center, representing the applicant. We have been negotiating in good faith with Silver Bluff. I'm pleased to announce that we have an agreement in principle. Both parties feel more comfortable to reduce the agreement to writing. We are going to submit this agreement in writing to them by Monday of next week. They have committed to have a meeting of the association early... Vice Mayor Plummer: Mr. Price, I asked, are you in accord for the deferment? Mr. Price: Yes, sir. Vice Mayor Plummer: Thank you, sir. Now, the first gentleman that spoke. You wanted to read something into the record as it relates to a compromise on the deferment? Mr. Poole: We would like, yes, sir, to have read into the record, the issues that we have agreed upon in principle which we will bring back very specific, including a site plan, for you to approve at the... Vice Mayor Plummer: I see nothing.... Is that brief? Mr. Poole: It's very brief. Vice Mayor Plummer: Thank you, sir. Go ahead and proceed. For the record, your name and mailing address. Excuse me, this is a zoning item, you must be sworn in, sir. Are you an attorney? Mr. Poole: Yes. Vice Mayor Plummer: Are you here paid for? Mr. Poole: No. Vice Mayor Plummer: You're doing it pro bono. Mr. Poole: Yes. 316 October 3, 1991 Vice Mayor Plummer: Are you a homeowner in the area? Mr. Poole: I'm a homeowner in Coconut Grove, in the City of Miami. Vice Mayor Plummer: All right, sir. For the record, your name and mailing address. Mr. Poole: My name is Sam Poole, I live at 2821 Coacoochee Street in Coconut Grove. I'm here... Vice Mayor Plummer: Proceed, sir. Mr. Poole: I'm here on behalf of the Silver Bluff Homeowners Association. And I would like to introduce two people that are with the association, Josefina... Ms. Josefina Sanchez Pando: Sanchez Pando. Mr. Poole: Sanchez Pando. Vice Mayor Plummer: We all know Josefina. Ms. Josefina Sanchez Pando: For the record, doctor, Josefina Sanchez Pando, 2110 S.W. 24th Terrace, president of the Silver Bluff Homeowners Association, representing 1,010 homeowners from 17th Avenue to 27, from Coral Way to Dixie Highway. Thank you. Vice Mayor Plummer: Josefina... Ms. Sanchez Pando: Yes. Vice Mayor Plummer: No commercials. (APPLAUSE AND CHEERING) Vice Mayor Plummer: Excuse me. I thought I was giving you the opportunity to read those points of interest into the record. Mr. Poole: Yes. Vice Mayor Plummer: We all know Josefina well, and for a long time. So, if we can, let's get to the meat of the subject. Those areas of concern that you want to document on the record, please. Mr. Poole: All right. Arsenio Milian and I, because we have worked this out tonight in a meeting - we're working from notes - we want to present them to youreading from the notes. Vice Mayor Plummer: Thank you, sir. Mr. Arsenio Milian: Commissioner, my name is Arsenio Milian, 1 live at 2657 S.W. 23rd Street. I'm also a member of the homeowners association, a director of the homeowners association. And I am speaking on their behalf tonight. I 317 October 3, 1991 know that it is a long, and it has been a long day for all of you as I, it has been for all of us. But I think that a lot of the homeowners who have been patiently... been driving all the way from their homes to downtown, which is an inconvenience in itself, have been here very patiently waiting... (ELECTRONIC TAPE MALFUNCTION). Ms. Sanchez Pando: ...plus the ones that left. Mr. Milian: This is... Ms. Sanchez Pando: Could I have their names for the record? Mr. Milian: I just want to... the only reason why I wanted to stand up and be recognized is for you to realize that we are all in Silver Bluff extremely proud of our community, our neighborhood, and we want to keep and protect it as much as we can in spite of the impacts that we have had in the past. I came before you about seven years ago, and I'm going to be extremely brief so bear with me. Vice Mayor Plummer: Please, because it was my understanding... Mr. Milian: Yes. I realize... Vice Mayor Plummer: ...all you were going to do was put on the record what the points of contention are. Mr.' Milian: Yes, but I have been here waiting for three and -a -half or four hours... Commissioner Dawkins: Yes, but you're going to lose your voters with, you know, telling us how long you've been here. Mr. Milian: No, no, I'm going to be very... Commissioner Dawkins: Now you may... momentum may be on your side... Mr. Milian: Yes, I realize that. Commissioner Dawkins: ...but if stand up there and keep going on, you will lose your momentum. Vice Mayor Plummer: Oh, yes. Mr. Milian: We came here about seven years ago, and we were very concerned about the change of zoning that was being proposed. We expressed our objections and so did the Planning Department. Those covenants that were created at the time that these change in zoning took place were actually the only protection that we had. And this is the reason why we're here today. We want to express to you that we have been, in spite of the short notice that we have been given by the developer, which was only two weeks ago. The first time we saw the plans, we have been trying, as homeowners, to try to work out some kind of a compromise in which to decrease as much as we possibly can, the impact that this new development is going to take in our neighborhood. We have been working, in and as of last night, which they said that Winn Dixie 318 October 3, 1991 41 Vr had indicated that there was no way that they were going to accept any of our recommendations. Vice Mayor Plummer: Mr. Milian, excuse me, sir. Mr. Milian: Yes. Vice Mayor Plummer: You are now presenting your case... Mr. Milian: Right, no. I'm going directly... Vice Mayor Plummer: If, in fact, we're going to go to a deferment, I ask again... Mr. Milian: OK. Vice Mayor Plummer: ...and give you the right or someone from your group, to put the points of contention that are yet to be compromised on the record. Normally, under a deferment, nobody speaks until the issue is brought up... Mr. Milian: OK. Vice Mayor Plummer: ...for its full blown hearing. Mr. Milian: Here are... Vice Mayor Plummer: I've given you that right. Mr. Milian: OK, here are the issues that we have been... Vice Mayor Plummer: Very well, sir. Thank you. Mr. Milian: ...negotiating as of this afternoon at 5:00 o'clock. And we do have an agreement in principle. There's still a lot of unknowns and uncertainties and we still have to work them out. First of all, the main concern that we have is parking. We have looked into what the needs of supermarkets in the area are, and we are very aware because of... Vice Mayor Plummer: Parking is one. Mr. Milian: Parking is one. Vice Mayor Plummer: Number two. Mr. Milian: What we have agreed is not only just in parking, just in the air, is 194 parking spaces that they are proposing. A hundred and ninety-four parking spaces. Second, is the concern about the street - the traffic flow. Vice Mayor Plummer: Traffic pattern is number two. Mr. Milian: Right. Vice Mayor Plummer: Number three. 319 October 3, 1991 z Mr. Milian: To that effect, we have agreed that we will request to maintain the Winn Dixie within a closure of some streets. One, that was already - proposed in the original covenants, was on 25th Avenue. We felt, in accordance with their own engineer, to move the closure of 25th Avenue north of 22nd Terrace. In addition, I didn't think - we didn't think - that it was adequate, because it will bring some of the traffic flow into 22nd Terrace, so... Vice Mayor Plummer: Just make your points if... Mr. Milian: Closure of 25th Avenue north of 22nd Terrace, and the closure of 22nd Terrace east of the alley entrance, entrance that they have for their parking. Vice Mayor Plummer: Traffic flow and street closures. The next item of contention. Mr. Milian: The next item was we did not want to... OK. The delivery and the pick up of trash and garbage would be only during daylight. Vice Mayor Plummer: Sanitation removal. The next point. Mr. Milian: And deliveries. Vice Mayor Plummer: Delivery of sanitation? Commissioner Dawkins: No, delivery of... Commissioner Alonso: Deliver. Vice Mayor Plummer: Deliveries for the store. Mr. Milian: Maybe both. —' Vice Mayor Plummer: Yes, all right. Mr. Milian: The operating hours is something that we still are in the process of negotiating... Vice Mayor Plummer: All right. Hours of operation. Mr. Milian: Right. i Vice Mayor Plummer: Next item. Mr. Milian: Right now, our position is that it should be between 7:00 a.m.... z Vice Mayor Plummer: All right, you all are going to negotiate that. Mr. Milian: ...to 10:00 p.m. Vice Mayor Plummer: Next item. r 320 October 3, 1991 s }k Mr. Milian: Out it's necessary to put on the record, because that's what we will continue. Vice Mayor Plummer: Hours of operation. Mr. Milian: From 7:00 a.m. to 10:00 p.m. Landscaping. We feel that it's necessary to put an 20 foot buffer on the north side of 22nd Terrace facing 22nd Terrace. Vice Mayor Plummer: A setback buffer from... Mr. Milian: With heavy landscaping. Vice Mayor Plummer: ...25th Avenue to 27th Avenue, a 20 foot setback. Next item. Mr. Milian: Right. The other setback is on 25th Avenue. We would like to see a 15 foot wall that will surround all of the loading area. Vice Mayor Plummer: You're talking about a 15 foot setback. Surely not a fifteen... Commissioner Alonso: No, wall, wall. Mr. Milian: No, 15 foot fence. Vice Mayor Plummer: Fifteen foot high? Mr. Milian: High. f Vice Mayor Plummer: We don't permit that, sir. Mr. Milian: It's a 15 foot wall. I believe that's what we had agreed with the... Commissioner Alonso: Twelve is maximum? Twelve? 4 S Vice Mayor Plummer: Our code will max at eight. Unidentified Speaker: It's not on the items. 'a Mr. Milian: It's within... 4'£ Vice Mayor Plummer: You better check that out. H F Mr. Milian: It's within their property. That will...3 Commissioner Alonso: It's eight? Twelve, I believe it's eight. Vice Mayor Plummer: I think it's eight. A11 right, butyour buffer wall on 25th, as well as on... f{ pYr Mr. Milian: Right, right. �s 321 October 3, 1991 E .s } Vice Mayor Plummer: ...twenty... Ms. Sanchez Pando: ...second Terrace. Mr. Milian: Twenty-second Terrace. Vice Mayor Plummer: Said 22nd Terrace, correct. Mr. Milian: The wall will be built ten foot within their property... Vice Mayor Plummer: Right. Mr. Milian: ...and then you will have ten foot of heavy landscaping, so that it preclude the sight of that. Commissioner Alonso: That is acceptable. Vice Mayor Plummer: Yes, sir, a buffer wall. Mr. Milian: Right. Vice Mayor Plummer: Next item. Mr. Milian: The other item is that any of the delivery trucks or refrigerator trucks that they have not to remain on the loading area or parking lot after operating hours. Vice Mayor Plummer: OK. Mr. Milian: Graffiti. Graffiti is a concern, and they have agreed that if there is any graffiti in any of the walls, that they will be removed within 24 hours after giving them notice by the association. Vice Mayor Plummer: That's solely for their best benefit. Mr. Milian: Right. The maximum square footage that we have agreed would be 43,000 square feet. Vice Mayor Plummer: Maximum square feet of what? Mr. Milian: Of the building itself. Vice Mayor Plummer: Three thousand? Mr. Milian: Forty-three thousand. Commissioner Alonso: Forty-three. Vice Mayor Plummer: Forty-three thousand. Mr. Milian: Yes. l Vice Mayor Plummer: Oh, OK. 322 October 3, 1991 { Ms. Sanchez Pando: And we're negotiating it down. Mr. Milian: We would like to have an eight foot wall that would be extended past the building and reach all the way to the parking lot. And have hedges to hide that wall from view. The lighting. Lighting is another concern. We would like to limit the lighting not to exceed... any poles will exceed 15 foot high. And it will be full spectrum bulbs, lights, and to be contained within the commercial area so that we will prevent that from flowing into the y residences. We are concerned that we have seen in many cases where developers r come in and put landscaping and then ignore their maintenance. We want to have a bond that will be available for us in case that there is a violation of '« any of that maintenance of the facilities or free vegetation that needs to be done. And that would be worked out in such a way that the City Commission will hear from us and then they can call the bond in order to correct any i deficiencies. Vice Mayor Plummer: Does that pretty well wrap it up? Mr. Milian: OK. Now, on 22nd Terrace, since it would be then a dead end —�, street, we are concerned about people coming in and parking on the north side I of 22nd Terrace for the whole day. In other words, employees or so on. So we would like to narrow the northern part of 22nd Terrace to prevent that from happening. And I think it's something that, perhaps, the Planning Department can help us in accomplishing that. OK, wait a minute. OK, we are... lease = I requirement, no, lease requirement for continuous occupancy. That is something that, perhaps, our attorney can explain to you about the lease - requirements that we would like to see for continuous occupancy. We don't want the Winn Dixie to come in and they make a swap shop there in two or three years. The one other important item that we would like to see is that any amendments to the new or revised covenants shall require the City Commission and homeowners association approval in case that the homeowners association - approval is not in existence, maybe it should be the majority of the homeowners within 375 feet of that property. And one other item would be the parking lot. We would like to see that the parking lot be closed after 12:00 or before 12:00 so that there will be no access from anyone to be intruding into the parking lot and impacting the neighbors. And I think I've covered everything unless you have... Do you have any others? Ms. Sanchez Pando: I have something to add and I have been negotiating with them, and they have come half of the way. I still want them to come a little nearer. The building that we are talking about will be one block long, a big hangar. And it will be the only building facing Coral Way of that magnitude. Not facing Coral Way, because it will be facing the parking lot towards 27th Avenue. We were thinking of the beauty of Coral Way, and I have asked them... I asked them for 20 feet setback. They have already agreed to 15. I think we still want to work on that, because we do not want Coral Way to become something terrible. Commissioner Dawkins: Mr. Vice Mayor. Vice Mayor Plummer: Mr. Dawkins. Commissioner Dawkins: To the administration. When this property was rezoned, why did we receive or get the covenants that we have? -Why? ow 323 October 3, 1991 Ak - Mr. Guillermo 0lmedillo: It was exactly to protect the neighboring areas, especially the residential sites south of them. Commissioner Dawkins: Where it also... did it also mean that concessions were made on both sides, and in order to get the neighbors to accept the rezoning, certain covenants, the neighbors agreed to certain covenants in order to permit the rezoning? Mr. Poole: We did not accept it. Commissioner Dawkins: Beg your pardon? Mr. 0lmed111o: My recollection, by reading the minutes, is that not all the neighbors were in agreement with all the conditions of the covenant, but he was... Commissioner Dawkins: You will never have all of the neighbors agreeing on nothing. See, so let's don't even get into that, see. I want to know if, when we rezoned the property in eighty what? Mr. Poole: Eighty-five. Commissioner Dawkins: In 165. The covenants that we received, why did we receive them? Mr. Olmedillo: They were concessions on the part of the developer. Commissioner Dawkins: They were proffered by who? Mr. Sergio Rodriguez: By the applicant. Mr. Olmedillo: Proffered by the developer. c Commissioner Dawkins: And the applicant proffered them why? Mr. Rodriguez: Because they were trying to get the zoning on the property granted by the Commission. Commissioner Dawkins: And get the neighbors to accept them also. Mr. Rodriguez: I believe they were trying to appease the neighbors, but at that time, if I remember correctly, they were not happy with the change of zoning, sir. Commissioner Dawkins: Let me tell you, let me tell all of you, OK? I have a habit of voting not to change covenants that we have granted running with the land. OK? And that's it. 4 F (APPLAUSE) Vice Mayor Plummer: All right, sir, does that conclude your statement into the record? 324 October 3, 1991 Mr. Poole: Yes, sir. What we would like to do is have the item continued. A specific site plan will be prepared. These agreements will be reduced to writing, they'll be reviewed by the homeowners association, and we'd like to come back to you on the 24th at that meeting for approval of the covenants as part of the records of Dade County. Vice Mayor Plummer: OK. Now, City Attorney advises me, since such a presentation by you has been made, I can't imagine that I have to give Mr. Price the opportunity to rebut if he wants. Unidentified Speaker: May I say something? Vice Mayor Plummer: Sir, you'll have your opportunity. Mr. Price: We are in general accordance with everything the neighbors have said. We've worked hard with them. We appreciate their cooperation. I think both sides have benefited from this discussion, and we're prepared to go forward as the neighbors have outlined it. Vice Mayor Plummer: Thank you, sir. The gentleman there wish to speak? Now, sir, you can only speak to the issue and that is the deferral. Unidentified Speaker: Then I had better not speak. I will speak on the 24th then. Vice Mayor Plummer: All right, sir. Get a full head of steam at that time. Mr. Rafael Palacios: Mr. Mayor... Vice Mayor Plummer: Sir, for the record, your name, mailing address, and you're in order as long as you speak to the deferral. Mr. Palacios: Mr. Mayor, Mr. Commissioner, my name is Rafael Palacios. I am the owner of the building in 25th and Coral Way. And my concern is that, you know, if you close the 25th Road, you know, the only entrance for my building and for my employee, you know, is that road. And my concern is that the supermarket are going to have a heavy traffic during the day, and that... Vice Mayor Plummer: Sir, please. If the deferral is in order, your statements are proper on October 24th. Mr. Palacios: All right. Vice Mayor Plummer: All right? Mr. Palacios: Thank you, Mayor. Vice Mayor Plummer: Now, if it's not going to be deferred, then let's go ahead and hear it, and we'll take all arguments. We have never denied the people the right to speak. Now, is there anyone who wishes to speak to the deferral? You know what? There's no motion on the floor. Is there a motion on the floor, please. Commissioner Dawkins: Move to defer. 325 October 3, 1991 Mr. Rodriguez: To continue the item? Commissioner Alonso: To continue? Mr. Rodriguez: To continue. Vice Mayor Plummer: I assume that would be the proper motion at this point... Commissioner Alonso: Yes, I so move. Vice Mayor Plummer: ...that this matter be continued until October 24th. Mr. Rodriguez: After 5:00 p.m. Vice Mayor Plummer: After 5:00 p.m. Mr. Poole: At Dinner Key? Vice Mayor Plummer: It will be at Dinner Key, yes, sir. God willing, and the devil don't care and the tide don't rise. Unidentified Speaker: Do we get dinner? Vice Mayor Plummer: Is there a motion? Commissioner Alonso: Yes, I so moved. Commissioner Dawkins: So... Vice Mayor Plummer: By Alonso, seconded by Dawkins. Is there any discussion among the Commission? Hearing none, would you call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-755 A- MOTION TO CONTINUE CONSIDERATION OF PROPOSED RESOLUTION APPROVING AN AMENDMENT TO A RESTRICTIVE COVENANT FOR PROPERTY OWNED BY FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) - AS RECEIVER FOR SUNRISE SAVINGS AND LOAN ASSOCIATION LOCATED AT APPROXIMATELY 2226 S.W. 25TH AVENUE AND 2511-2575 S.W. 22ND TERRACE, PENDING PREPARATION OF A SPECIFIC SITE PLAN. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 326 October 3. 1991 0 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 • r after... cuse e Vice Mayor Plumper. And we'll see you October the 24thEx m now, for the Legal Division, Mr. Price and the other gentleman, Mr. Fletcher, I think you have a responsibility to this Commission of any documents that you are going to be coming to us with, to get them to us in advance so that we don't have to defer again. ---------------------------- ----------------------------------------------- A 59. WAIVE PROHIBITION AGAINST TRANSACTION OF BUSINESS WITH A CITY EMPLOYEE (SYLVIA M. MENDOZA) FOR ENGAGEMENT OF SERVICES AS AN INDEPENDENT CONTRACTOR IN OFFICE OF CITY CLERK. ------------------------------------------------------------------------------ Commissioner Dawkins: I move 49. Vice Mayor Plummer: There's a motion made to move 49. I got to find out what 49 is. _ Commissioner Alonso: I second. Vice Mayor Plummer: Motion made and seconded for 49. Commissioner Dawkins: Where's De Yurre? We need four... Mr. Sergio Rodriguez: Four -fifths. Vice Mayor Plummer: Is there anybody that wishes to discuss item 49? Commissioner Dawkins: We need 4/5ths, call De Yurre. Vice Mayor Plummer: Call the roll. 327 October 3, 1991 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-756 A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE TRANSACTION OF BUSINESS WITH A CITY EMPLOYEE, AS SUCH PROHIBITION APPLIES TO SYLVIA M. MENDOZA, WHOSE LAST SCHEDULED DAY OF CITY SERVICES AS TECHNICAL OPERATIONS LIAISON IS OCTOBER 3, 1991, FOR THE PROPOSED ENGAGEMENT OF THE SERVICES OF SAID INDIVIDUAL AS AN INDEPENDENT CONTRACTOR IN MATTERS PRIMARILY RELATED TO THE ADMINISTRATION OF SPECIAL PROJECTS AND BID PROCESSES, AND RESEARCH OF THE CITY'S OFFICIAL RECORDS WHICH ARE KEPT IN THE OFFICE OF THE CITY CLERK. (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. 60. AUTHORIZE CITY CLERK TO ENGAGE SERVICES OF SYLVIA M. MENDOZA AS INDEPENDENT CONTRACTOR. Vice Mayor Plummer: Dawkins moves 50. Commissioner Alonso: Second. Vice Mayor Plummer: Alonso seconds. Commissioner Dawkins: Under discussion. Vice Mayor Plummer: Under discussion. Commissioner Dawkins: fifteen to $20,000. I don't think $15,000 is any money. I move to change 328 October 3, 1991 Vice Mayor Plummer: Amending the motion to read $20,000 rather than fifteen — six. Is there any further discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-757 a A RESOLUTION AUTHORIZING THE CITY CLERK TO ENGAGE THE SERVICES OF SYLVIA M. MENDOZA AS AN INDEPENDENT CONTRACTOR IN MATTERS PRIMARILY RELATED TO THE ADMINISTRATION OF SPECIAL PROJECTS AND BID PROCESSES, AND THE RESEARCH OF THE CITY'S OFFICIAL RECORDS WHICH ARE KEPT IN THE OFFICE OF THE CITY CLERK, COMMENCING OCTOBER 4, 1991, FOR A TWELVE MONTH PERIOD, WITH TOTAL COMPENSATION FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED $20,000, PAYABLE IN EQUAL MONTHLY INSTALLMENTS, WITH MONIES THEREFOR BEING ALLOCATED FROM THE OFFICE OF THE CITY CLERK'S BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Xavier L. Suarez. 61. RESCHEDULE NOVEMBER PLANNING AND ZONING MEETING TO TAKE PLACE ON NOVEMBER 14TH. Vice Mayor Plummer: Is there any other matters to come before this Commission? Changing of the meeting. What meeting? Mr. Sergio Rodriguez: In November. If you want to establish a meeting in November, you always usually reschedule it. Vice Mayor Plummer: All right, what day in November do you want both meetings? Commissioner Alonso: Wait a second. What date is that? Mr. Rodriguez: It's up to you. If you want to do it before... 329 October 3, 1991 Commissioner Alonso: November 14th? Mr. Rodriguez: November 14th, and you have both meetings on the same day. Vice Mayor Plummer: What day of the week is November 14th? Unidentified Speakers: It's a Thursday... Mr. Rodriguez: Thursday. Vice Mayor Plummer: It's a Thursday. Unidentified Speaker: It's a normal meeting. Vice Mayor Plummer: All right. Suppose we have a motion made subject to all Commissioners reporting tomorrow if no objection, that we have two meetings on November the 14th. The regular meeting in the morning... Mr. Rodriguez: At nine. Vice Mayor Plummer: And the zoning in the afternoon and evening. Mr. Rodriguez: Right. Vice Mayor Plummer: There's such a motion made? I'm sorry... Mayor Suarez: That's fine, that's fine. Commissioner Alonso: Yes. Mayor Suarez: There will be... Vice Mayor Plummer: Motion made by Alonso, seconded by Dawkins. Commissioner Dawkins: No, I didn't. Vice Mayor Plummer: Subject to your, checking your schedules tomorrow. Commissioner Dawkins: My schedule is checked, I'm retired. Vice Mayor Plummer: You're retired? Commissioner Dawkins: That's right. My schedule is already checked. Vice Mayor Plummer: Call the roll. Mr. Rodriguez: Second meeting at 4:00 p.m. 330 October 3, 1991 • The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 91-758 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF NOVEMBER 1991, TO TAKE PLACE ON NOVEMBER 14, 19919 AT 4:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: Second meeting I'm instructed is after 4:00 p.m. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Keep in mind that we may have to have a special session to swear in Commissioners. Unless you want to wait then till the... what is it? -November 14th, is that you've said to that? Unidentified Speaker: Yes. ---------------------------------------------------------- 62. RESCHEDULE OCTOBER 24TH MEETING TO START AT 2:00 P.M. Vice Mayor Plummer: Mr. Mayor, I'm instructed that October the 24th meeting will start at 3:00 in the afternoon. Mayor Suarez: Three. How about, you know, unless you don't have that many things, let's go a little bit earlier. Vice Mayor Plummer: Let's start at 2:00. Mayor Suarez: Let's start at 2:00, please. Vice Mayor Plummer: That's fine. 331 October 3, 1991 Mayor Suarez: I don't want to be here at 10:00 P.M. Unidentified Speaker: Take the vote, take the vote. Mr. Rodriguez: Vote. Unidentified Speaker: We need a vote. Mayor Suarez: All right, so moved. Mr. Rodriguez: We need a vote. Mayor Suarez: Seconded by Commissioner Alonso. Call the roll, please. Vice Mayor Plummer: Cesar, I want to follow through on that resolution, but I wanted to get that.... The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-759 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF OCTOBER, 1991, TO TAKE PLACE ON OCTOBER 24, AT 2:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AVC'C. rnmmiccinnor Virtnr no Vurrp THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:28 P.M. ATTEST: Natty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez MAYOR 333