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CC 1990-07-12 Minutes
Aw m A iVJ. INCORP )HAO T 18196 S. 0 IW IN6 NEW01M JULY 12, 1990 REGULAR ti PREpApEo BY THE OFFICE OF ITY THE CITY CLERK CHALL _wo 4 4 �t INDUS MfNtTTNB or ANGULAR MEETING JUL? 12, iD9d � ITEM SUNJECT LEGISLATION PACE No. Nt1.* �5 f 1. PRESENTATION$, PROCLAMATIONS, AND PRESENTED 1 SPECIAL ITEMS 7/12/90 j 2. CONSENT AGENDA 1-2 vw: 7/12/90. 2.1 ACCEPT DONATION OF A SYSTEM OF BUMPERS R 90-487 3 FROM THE ROUSE COMPANY TO BE INSTALLED 7/12/90 BY THEM ALONG THE SOUTH QUAY WALL AT MIAMARINA TO REPLACE DETERIORATED BUMPER SYSTEM (ESTIMATED COST $14,000). 2.2 ACCEPT DONATION FROM CONTINENTAL R 90-488 3 PROPERTIES INC. — ($15,000) FOR 7/12/90 PROVIDING AND INSTALLING NEW SIGNAGE AND LANDSCAPING AT ENTRANCE TO DINNER KEY — IN CONNECTION WITH CITY'S A IMPROVEMENT TO PAN AMERICAN DRIVE, COCONUT GROVE EXHIBITION CENTER — RENOVATION AND EXPANSION (415002). W u;9 2.3 AUTHORIZE DONATION OF 10 CITY —OWNED R 90-489 3 BICYCLES (CATEGORY A STOCK) TO U.S. 7/12/90 a COAST GUARD GROUP. 2.4 AUTHORIZE DISPOSITION OF CERTAIN CITY R 90-490 3 SURPLUS PROPERTY BY GIFT TO NEEDY 7/12/90 ORGANIZATIONS. 2.5 ACCEPT BID: BEST MAINTENANCE AND R 90-491 4 JANITORIAL SERVICE, INC. — FOR 7/12/90 FURNISHING CLEANING SERVICES FOR VARIOUS EVENTS AT COCONUT GROVE CONVENTION CENTER. 2.6 ACCEPT BID: SAFETY EQUIPMENT COMPANY — R 90-492 4 FOR FURNISHING ENCAPSULATED CHEMICAL 7/12/90 PROTECTIVE SUITS — TO FIRE DEPARTMENT. 2.7 ACCEPT BID: D.L. KIRBY — FOR R 90-493 4 " FURNISHING AND INSTALLING PLAYGROUND 7/12/90 EQUIPMENT AT WILLIAMS PARK — FOR PARKS DEPARTMENT (313351). 2.8 ACCEPT BID: FOR LITTLE (341177). MIRI CONSTRUCTION, INC. — R 90-494 5 HAITI C.D. PAVING PROJECT 7/12/90 2.9 ACCEPT BID: JAFFER ASSOCIATES, LTD. — FOR JAPANESE GARDEN IRRIGATION PROJECT (SECOND BIDDING) (331317). R 90-495 3 "' 7/12/90 �k Ft� `Ty Y S �+ 2.10 AUmRIZN f 1VItUAL CONTRACTDAL R 90-496 AGREEMENTS WITH r6ft NNI OMMOD 1/12/90 ECONOMIC DEVELOPMENT ORGANIZATIONS$ (a) COCONUT GROVE LOCAL DEVELOPMENT CORPORATION INC. (b) HAITIAN TASK FORCE W NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCNt INC.; AND (d) SMALL BUSINESS OPPORTUNITY CENTER, INC. - TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS - ALLOCATE FUNDS FROM 16TH YEAR CDBG. 2.11 ALLOCATE 16TH YEAR CDBG FUNDS R 90-497 ($2271000) (PREVIOUSLY APPROPRIATED BY 7/12/90 ORDINANCE 10727) TO SOCIAL SERVICE AGENCIES: (a) JEWISH FAMILY SERVICES, INC. ($55,000) - FOR CITYWIDE SENIOR CRIME WATCH PROGRAM; (b) TRI-CITY COMMUNITY ASSOCIATION, INC. ($57,000) - FOR HOME IMPROVEMENT PROGRAM; (c) DADE EMPLOYMENT AND ECONOMIC DEVELOPMENT, INC. ($65,000) - FOR GREATER MIAMI SERVICES CORPS; AND (d) BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC ($50,000) - FOR LYRIC THEATRE REHABILITATION - EXECUTIVE AGREEMENTS. 2.12 APPROVE AGREEMENT TO CONTINUE THE SOUTH R 90-498 FLORIDA EMPLOYMENT AND TRAINING 7/12/90 CONSORTIUM - DESIGNATE CITY MANAGER AS CITY'S ONGOING REPRESENTATIVE TO THE CONSORTIUM - EXECUTE AGREEMENT. 2.13 ALLOCATE $75,000 AS GRANT (FROM CDBG R 90-499 FUNDS CITYWIDE COMMERCIAL FACADE 7/12190 PROGRAM) TO YMCA OF GREATER MIAMI - TO ASSIST IN RENOVATION OF INTERNATIONAL JOSE MARTI YMCA LOCATED AT 450 SW 16 AVENUE, LITTLE HAVANA. 2.14 ALLOCATE FUNDS (FROM 14TH YEAR CDBG R 90-500 FUNDS FOR ECONOMIC DEVELOPMENT / 7/12/90 PHYSICAL IMPROVEMENT PROJECTS POOL FUND) AS A LOAN TO KOCHEN VENTURES - FOR EXTENSIVELY RENOVATING INFRASTRUCTURE OF COMMERCIAL PROPERTY LOCATED AT 570-74 NW 26 STREET - EXECUTE AGREEMENT. 2.15 AMEND EXISTING CONTRACT WITH MIAMI-DADE R 90-501 COMMUNITY COLLEGE - EXTEND CONTRACT FOR 7/12/90 THE CITY'S RENDERING OF IN-SERVICE FIRE TRAINING. 2.16 APPROVE FINDING OF NECESSITY AND R 90-502 DECLARE LIBERTY CITY PORTION OF MODEL 7/12/90 CITY TO BE SLUM OR BLIGHTED AREA (AN AREA BOUNDED BY. NW 12 AVENUE TO THE WEST, I-95 TO THE EAST, NW 54 STREET TO THE SOUTH, AND NW 71 AND 79 STREETS TO THE NORTH). L A� Y R. c. s' 6 6 7 7 7 v r r y �5 fall Distft," As C uml 010 P1tW= To It 90-503 is h ACQUIMION OP 'Tf IPMATI HAMM 7/12/00 y AND ENVIRONMENTAL EN'GINIERING SERVICES INCLUDING PREPARATION Or RRSPONSR TO , APPLICATION FOtt DEVELOPMENT APPROVAL FOR INCREMENT II OF THE SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT - APPOINT CERTIFICATION COMMITTEE - APPOINT HERBERT BAILEY AS CHAIRMAN OF COMPETITIVE SELECTION s COMMITTEE. 2.18 RATIFY MANAGER'S ACCEPTANCE OF A GRANT R 90-504 $ ($62,000) FROM U.S. DEPARTMENT OF 7/12/90 �h HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH DADE COUNTY - TO PROVIDE CHILD DAY CARE SERVICES FOR CHILDREN FROM LOW INCOME FAMILIES - EXECUTE AGREEMENT. 2.19 EXECUTE INDIVIDUAL CONTRACTUAL R 90-505 9 AGREEMENTS WITH FOUR NEIGHBORHOOD BASED 7/12/90 HOUSING COMMUNITY DEVELOPMENT CORPORATIONS: (a) CODEC, INC.; (b) EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION; (c) ST. JOHN COMMUNITY DEVELOPMENT CORPORATION; AND (d) TACOLCY ECONOMIC DEVELOPMENTv CORPORATION - TO STIMULATE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS - ALLOCATE $50,000 TO EACH GROUP (IN 16TH YEAR CDBG PROGRAM FUNDS). 2.20 AUTHORIZE MANAGER TO MARKET AND CONVEY R 90-506 9 TO QUALIFIED LOW AND MODERATE INCOME 7/12/90 HOMEBUYERS TEN NEW SINGLE FAMILY HOMES UNDER CONSTRUCTION ON CITY -OWNED PARCELS IN ALLAPATTAH AND MODEL CITY COMMUNITY DEVELOPMENT TARGET AREAS IN CONNECTION WITH CITY'S SCATTERED SITE AFFORDABLE HOME OWNERSHIP DEVELOPMENT _ PROGRAM - REALLOCATE FUNDS FROM AFFORDABLE HOUSING PROGRAM (321024) AND 1976 GENERAL OBLIGATION HOUSING BONDS. 2.21 ISSUE REVOCABLE PERMIT TO COLEGIO R 90-507 10 NACIONAL DE ARQUITECTOS - FOR USE OF 7/12/90 - 234 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEB. 2.22 ISSUE REVOCABLE PERMIT TO COLEGIO R 90-508 10 NACIONAL DE DENTISTAS - FOR USE OF 234 7/12/90 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEE. a 2.23 ISSUE REVOCABLE PERMIT TO COLEGIO R 90-509 10 NACIONAL DE FARMACEUTICOS - FOR USE OF 7/12/90 — 234 SQUARE FEET OF SPACE IN MANUEL _ ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEE. 2.24 ISSUE REVOCABLE PERMIT TO LIONS HOME R 90-510 11 FOR THE BLIND, INC. - FOR USE OF 2,503 7/12/90 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEE. t1 k% y -- n • lama MWAIM. I PERMIT TO SPAMISH AMERICAN LIA RAN T DIOCRIMINATION - FOR USE OF 224 SQUARE FEET or SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL P`EE. R 90-611 1/12/90 2.26 ISSUE REVOCABLE PERMIT TO CATHOLIC R 90-512 COMMUNITY SERVICES, INC. FOR USE OF 60 7/12/90 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEE. 2.21 CLAIM SETTLEMENT: BARBARA GUTIERREZ R 90-513 ($45,000). 7/12/90 2.28 ACCEPT 24 DEEDS OF DEDICATION FOR R 90-514 HIGHWAY PURPOSES. 7/12/90 2.29 ACCEPT PLAT: DEGARMO ESTATES. R 90-515 7/12/90 2.30 ACCEPT PLAT: AMENDMENT TO FOUR DESIGNS R 90-516 SUBDIVISION. 7/12/90 2.31 ACCEPT PLAT: MARGI SUBDIVISION. R 90-517 7/12/90 3. (A) ALLOCATE $1,662,150 (167H YEAR CDBG) AND 4106,268 (CONTINGENT FUND) TO PREVIOUSLY NAMED SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS - EXECUTE AGREEMENTS. (B) AUTHORIZE AND DIRECT CITY MANAGER TO GIVE TO HAITIAN COMMUNITY ALL MONIES PREVIOUSLY ALLOCATED FOR THEM. 4. ACCEPT RENTAL REHABILITATION PROGRAM GRANT FOR FY190 FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - TO INCREASE SUPPLY OF STANDARD HOUSING AFFORDABLE TO LOWER INCOME FAMILIES. 5. DISCUSS AND TABLE APPROVAL OF ISSUANCE, BY THE CITY OF MIAMI HEALTH FACILITIES AUTHORITY, OF HOSPITAL REVENUE BONDS, SERIES 1990 (PAN AMERICAN HOSPITAL CORPORATION PROJECT) ($15,000,000) - TO FINANCE ACQUISITION AND CONSTRUCTION OF CAPITAL IMPROVEMENTS TO THE HOSPITAL. 6. AUTHORIZE GRANT AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT ($125,000) - PASS -THROUGH GRANT FOR THE STAGING OF 1990 THE MOTORCYCLE GRAND PRIX - EXECUTE GRANT AGREEMENT WITH MIAMI MOTORSPORTS, INC. 7. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: MOTORCYCLE GRAND PRIX 1990 - APPROPRIATE $125,000 FROM A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT. A a_ r 11 x 12 12 12 12 13 R 90-518 13-18 M,90-518.1 .7/12/AO R 90-519 19-20 M 90-519.1 7/12/90 DISCUSSION 20-23 7/12/90 R 90-520 23-24 7/12/90 ORDINANCE 24-25 10756 7/12/90 i }l ' 1 _ E. CITY AMOV TMRNS CITY COM1981ON DISCUSSION MI ANNUAL, REPORT ML IR Pt1E S TED AT 1 / 12 / 90 A LATER DATE. 9. APPROVE SLIDING SCALE FEE SCHEDULE FOR R 90;-521 COMPENSATION TO LAW FIRMS SERVING AS 7/12/90 PRIMARY BOND COUNSEL TO THE CITY, FOR A TWO-YEAR PERIOD. low AUTHORIZE FUNDING OF OPERATING EXPENSES R 90-522 FOR TWO METRO DADE COUNTY AIR RESCUE 7/12/90 HELICOPTERS FOR THE BALANCE OF CALENDAR 1090. 11. APPROVE IMPLEMENTATION OF PLAN TO INLAY R 90-523 PLAQUES ALONG S.W. 8 STREET FROM S.W. 7/12/90 12 TO 17 AVENUES TO HONOR INTERNATIONAL ARTISTSt SPORTS FIGURES AND OUTSTANDING INDIVIDUALS OF THE LATIN COMMUNITY. 26 26-30 30-32 32-34 12. BRIEF DISCUSSION ON PROPOSED SECOND DISCUSSION 34-35 READING ORDINANCE CREATING A PERMANENT 7/12/90 STREET CODESIGNATION REVIEW COMMITTEE. (See Label 21) 13. DISCUSS PROPOSED CITY CODE AMENDMENT TO DISCUSSION 35-36 s ALLOW FUEL TRUCKS TO DELIVER FUEL ON 7/12/90$ CITY -OWNED PROPERTY. 14. EMERGENCY ORDINANCE: AMEND 10642 - ORDINANCE 36-38 DECREASE TOTAL APPROPRIATIONS TO 10757 CAPITAL PROJECT (353010): SOLID WASTE 7/12/90 COLLECTION EQUIPMENT - FY'90-91 - THROUGH FUNDS AVAILABLE FROM PROCEEDS OF CERTIFICATES OF PARTICIPATION NOTES. 15. EMERGENCY ORDINANCE: AMEND 10648 - ORDINANCE 38-39 INCREASE APPROPRIATION FOR GENERAL 10758 SERVICES ADMINISTRATION: FLEET 7/12/90 MAINTENANCE DIVISION - FROM CERTIFICATES OF PARTICIPATION NOTES - TO PURCHASE CITY VEHICLES. 16. ACCEPT BIDS: (a) HEINTZELMAN'S TRUCK - R 90-524 40-41 FOR FURNISHING THREE CABS AND CHASSIS 7/12/90 TO MOUNT CRANES AND TWELVE 32-YARD RUBBISH DUMP TRUCKS; (b) PALMETTO TRUCK CENTER - FOR FURNISHING ONE TEN -YARD DUMP TRUCK AND FIVE CAB AND CHASSIS FOR 25-YARD PACKERS; (c) NEFF MACHINERY - FOR FURNISHING 3 WARRIOR CRANES; (d) CEDARVILLE MANUFACTURING - FOR FURNISHING FOUR DEVAULT CRANES; AND (e) METRO -TECH - FOR FURNISHING FIVE 25- YARD PACKMASTERS - TO GSA DEPARTMENT / SOLID WASTE, CRANE AND RUBBISH OPERATIONS - AUTHORIZE SURCHARGE OF TWO PICK-UP TRUCKS AND SEVEN BLAZERS FROM MAROONE CHEVROLET. 17. EMERGENCY ORDINANCE: AUTHORIZE MANAGER ORDINANCE 42-44 TO SEEK APPROVAL FROM DADE COUNTY 10759 COMMISSION FOR USE OF REDEVELOPMENT 7/12/90 TRUST FUNDS, APPROPRIATING $490,793 FROM SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT TRUST FUND TO MAKE INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN - FOR PHASE I LAND ACQUISITION, 7 i�J - 0 1$i, AUT1ii AM MAMA =K APPROVAL nOM DAN COUWTY COMISAMA FR Uft OP REDEVIILOPMENT 'TRUST FUNDS - APPROVE E 210ITURE OF $490,193 PROM SOUTHEAST OVERTTOWN / PARK WRS'T REDEVELOPMENT TRUST FUND TO MAKE INTEREST PAYMENT ON U.S. HUD SECTION 108 LOAN - FOR PHASE I LAND ACQUISITION. 10. (A) EMERGENCY ORDINANCE ESTABLISH FOUR NEW SPECIAL REVENUE FUNDS: (a) JTPA TITLE I / OLDER WORKER (FY'91)= (b) JTPA TITLE IIA / NEIGHBORHOODS JOBS PROGRAM (FY'91); (C) JTPA TITLE III / DISLOCATED WORKERS (FY'91); AND (d) OFFICE OF INTERGOVERNMENTAL LIAISON (FY'91) - APPROPRIATE FUNDS FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS - AUTHORIZE MANAGER TO ACCEPT AWARDS AND ENT It INTO NECESSARY AGREEMENTS WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (B) BRIEF DISCUSSION CONCERNING PRIVATE INDUSTRY COUNCIL (PIC). R 90-525 44 ORDINANCE 45-51 10760 7/12/90 20. EXECUTE AGREEMENT WITH KPMG PEAT R 90-526 51-60 MARWICK (KLYNVELD PEAT MARWICK 7/12/90 GOERDELER) TO CONDUCT A MINORITY / WOMEN OWNED BUSINESS ENTERPRISE DISPARITY STUDY AND TO PREPARE A REPORT WITH RECOMMENDATIONS AND A UTILIZATION PLAN- ALLOCATE FUNDS. 21. (Continued Discussion) SECOND READING ORDINANCE 60-65 ORDINANCE: AMEND CODE - RESCIND 10761 RESOLUTION 82-992 AND COMMISSION POLICY 7/12/90 2100-1 (REVISED) - REVISE ALTERNATIVES TO RENAMING STREETS AND ESTABLISH NEW CRITERIA AND STANDARDS FOR STREET CODESIGNATION - CREATE PERMANENT STREET CODESIGNATION REVIEW COMMITTEE (See label 12). 22. APPOINT INDIVIDUALS TO SERVE ON THE R 90-527 65 MIAMI STREET CODESIGNATION REVIEW 7/12/90 COMMITTEE (Appointed were: Carolyn Cope and Juan Serralles). 23. (A) CODESIGNATE S.W. 8 STREET BETWEEN R 90-528 66-73 S.W. 22 AND 24 AVENUES AS CELIA CRUZ R 90-529 WAY. R 90-530 (B) CODESIGNATE PORTION OF BRICKELL AS 7/12/90 ESPIRITO SANTO STREET. (C) CODESIGNATE N.W. 3 AND 2 AVENUES IN OVERTOWN AS SAWYER WALK. 24. ISSUE REQUEST FOR PROPOSALS FOR UNIFIED R 90-531 73-85 DEVELOPMENT OF A MAUSOLEUM ON CITY- 7/12/90 OWNED PROPERTY BETWEEN NORTH MIAMI AVENUE AND N.B. 2 AVENUE ON N.B. 19 STREET - SELECT CERTIFIED PUBLIC ACCOUNTING FIRM - APPOINT MEMBERS TO CITY CEMETERY REVIEW COMMITTEE. 25. BRIEF STATEMENT FROM REPRESENTATIVES OF DISCUSSION 85-86 PEOPLE UNITED FOR JUSTICE REQUESTING 7/12/90 INVESTIGATION OF RECENT INCIDENT INVOLVING MEMBERS OF HAITIAN COMMUNITY AND THE POLICE. FM 17 I1I8CUSS AND TEMPORARILY TABLE PROPO82b A290tuTtON APPROVING CHIRP PROCURi91MENT OFFICER'S PARTIAL REJECTION OF FR+OTEST RECEIVED FROM MIAMI JUSTICE CENTER ASSOCIATION, INC., CONCERNING REQUEST FOR PROPO5AL5 FOR DEVBLOPMoT OF THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION BUILDING) (See label 29). 11 DISCUSSION I/12/00 27. (A) ACCEPT BID: LANCASTER PAVING - FOR R 90-532 THE BAYSIDE BARRICADES PROJECT. R 90-532.1 (B) STIPULATE THAT ANY CHANGES OR 7/12/90 MODIFICATIONS TO THE BARRICADES WILL RESULT IN THEIR IMMEDIATE REMOVAL. 28. APPROVE CHIEF PROCUREMENT OFFICER'S R 90-533 REJECTION OF PROTEST FROM MIAMI 7/12/90 MAINTRUST CORPORATION CONCERNING REQUEST FOR PROPOSALS FOR DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION BUILDING). 29. (Continued Discussion) APPROVE: (a) R 90-534 CHIEF PROCUREMENT OFFICER'S (CPO) 7/12/90 REJECTION OF PROTEST RECEIVED FROM MIAMI JUSTICE CENTER ASSOCIATION, INC. REGARDING REQUEST FOR PROPOSALS FOR DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION BUILDING); (b) THE CPO'S DECISION TO UPHOLD SAID PROTEST ONLY IN REGARD TO ITEMS II AND III-D; AND (c) THE CPO'S RECOMMENDATION TO DISQUALIFY T3M (See label 26). 30. SELECT MIAMI CAPITAL FACILITIES, INC. R 90-535 REGARDING DESIGN AND CONSTRUCTION OF 7/12/90 THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION BUILDING) - TO BE LOCATED ON CITY -OWNED PROPERTY ON BLOCK 78N, BOUNDED BY N.B. 4 AND 5 STREETS AND N.E. 1 AND NORTH MIAMI AVENUES - AUTHORIZE MANAGER TO NEGOTIATE AGREEMENT. 31. DIRECT ADMINISTRATION TO ENSURE THAT MIAMI HIGH SCHOOL IS ABLE TO PLAY ITS FOUR GAMES AT ORANGE BOWL - ENSURE, ALSO, ONE GAME EACH BY NORTHWESTERN AND JACKSON HIGH SCHOOLS, UPON REQUEST - WAIVE DESIGNATED FEES. 32. DISCUSS AND DEFER PROPOSED FIRST READING ORDINANCE AMENDING CODE CONCERNING FEES COLLECTED THROUGH CITY ADMINISTRATIVE DEPARTMENTS FROM USERS OF CITY SERVICES AND FACILITIES TO PROVIDE FOR THE ANNUAL APPLICATION OF A COST FACTOR FORMULA TO BE USED IN FIXING SAID FEES. 33. FIRST READING ORDINANCE: AMEND CODE SECTION 2-75 - INCREASE FEES FOR ANNUAL REINSPECTION OF BUILDINGS AND PREMISES. M 90-536 R 90-537 7/12/90 89-102 102-103 1.04-129 129-137 137-151 DISCUSSION 151-158 7/12/90 ORDINANCE 158-160 first reading 7/12/90 35. EMERGENCY ORDINANCE: AMEND 10642 - ORDINANCE 167-170 MODIFY CERTAIN FUNDING SOURCES FOR 15 10762 PARKS AND RECREATION PROJECTS. (HADLEY 7/12/90 POOL YOUTH CENTER) - INCREASE APPROPRIATIONS TO: DOWNTOWN COMPONENT OF METRORAIL, STAGE II - CONTRIBUTION (343229) - APPROPRIATE FUNDS FROM GUARANTEED ENTITLEMENT REVENUE BONDS - FY '89. 36. EMERGENCY ORDINANCE: AMEND 10648 - ORDINANCE 170 IMPLEMENT BUDGETARY ADJUSTMENTS TO 10763 COMPLY WITH GENERALLY ACCEPTED 7/12/90 ACCOUNTING PRINCIPLES OUTLINED BY CITY'S EXTERNAL AUDITORS. 37. CODESIGNATE PORTION OF N.W. 22 AVENUE R 90-538 171-173 AS PULASKI AVENUE (REQUESTED BY POLISH 7/12/90. AMERICAN CLUB OF MIAMI) 38. REQUEST ADMINISTRATION TO REPORT ON DISCUSSION 174-175 DONATION OF CITY LAND TO METROPOLITAN 7/12/90 DADE COUNTY FOR METRORAIL STATION. 39. ESTABLISH CITY COMMISSION AWARENESS R 90-539 175-181 PROCEDURE WHEREBY AN INDIVIDUAL 7/12/90 COMMISSIONER WILL BE DESIGNATED AS A COMMITTEE -OF -ONE TO ASSIST IN ITS RESPONSIBILITY TO PROPERLY ALLOCATE RESOURCES AVAILABLE FOR GOVERNANCE OF THE CITY - ESTABLISH FOUR COMMITTEES: (a) COMMUNITY SERVICES, (b) FISCAL POLICY, (c) PUBLIC SAFETY, AND (d) SUPPORT SERVICES - SET FORTH GENERAL GUIDELINES. 40. (A) COMMISSIONER PLUMMER PROTESTS R 90-540 181-189 ARTICLE IN THE MIAMI• HERALD REGARDING 7/12/90 ALLEGED INFLUENCE CREATED BY A CONTRIBUTION TO HIS CAMPAIGN. (B) VOTE DOWN PROPOSED RESOLUTION APPROVING RECOMMENDATION OF COMPETITIVE SELECTION COMMITTEE OF THREE FIRMS TO PROVIDE PLANNING, DESIGN SERVICES AND ENVIRONMENTAL STUDIES FOR A PROPOSED AIR TRANSPORTATION FACILITY AT WATSON ISLAND. (See label 42). (C) URGE DADE COUNTY TO PLACE PROPOSED HELIPORT ON DODGE ISLAND. 41. AUTHORIZE CITY ATTORNEY TO AMEND R 90-541 190-194 EXISTING STIPULATION OF VOLUNTARY 7/12/90 DISMISSAL WITHOUT PREJUDICE (CIRCUIT COURT CASE NO. 89-7029) [CA-191 BETWEEN THE CITY AND CHALK'S INTERNATIONAL AIRLINE, INC., (SUBSIDIARY OF RESORTS INTERNATIONAL, INC.) -- ALLOW ASSUMPTIONS OF JUNE 13, 1989 CONDITIONS BY FLYING BOAT, INC., (ALSO A SUBSIDIARY OF RESORTS INTERNATIONAL) (See label 42). e f� C 11 49. (06atinued DieeueeieA) CLMIPICATION DISCUSSION CONCERNING PROPOSED ' MUNICIPAL HELIPORT 7 / 12/90 ON WATSON ISLAND - DIRECT ADMINISTRATION TO DISREGARD ANY EXISTING FLANS. (See label 40). 43. SECOND READING ORDINANCE: CREATE A M 90-542 COCONUT GROVE SPECIAL EVENTS DISTRICT - M 90-543 LIMIT NUMBER OF SPECIAL EVENTS HELD ORDINANCE WITHIN THE DISTRICT - CREATE THE 10164 COCONUT GROVE STANDING FESTIVAL 1/12/90 COMMITTER - ETC. 44. APPROVE, IN PRINCIPLE, THE WYNWOOD SAFE R 90-544 NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN 7/12/90 (MAY 1990) 45. MAKE FINDING THAT WYNWOOD SAFE R 90-545 NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN 7/12/90 (MAY 1990) IS CONSISTENT WITH LOCAL PLANS AND PROGRAMS - SPECIFICALLY WITH ORDINANCE 10544, APPROVING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000 — RESCIND 90-432. 46. MAKE FINDINGS AND DIRECT PERMANENT R 90-546 PROHIBITION OF VEHICULAR ACCESS TO N.W. 7/12/90 22, 23, 24, 26, 27 AND 28 STREETS AT EASTERLY SIDE OF THEIR INTERSECTION WITH N.W. 6 AVENUE, AND N.W. 5 AVENUE AT THE NORTHERLY SIDE OF ITS INTERSECTION WITH N.W. 22 STREET (IN ACCORDANCE WITH WYNWOOD SAFE NEIGHBORHOOD PLAN). 47. AUTHORIZE EXECUTION OF AGREEMENT WITH R 90-547 CODEC, INC. CONCERNING DEVELOPMENT OF A 7/12/90 150 UNIT AFFORDABLE TOWNHOME PROJECT ON THE MELROSE NURSERY SITE — AMEND RESOLUTION 89-965. 48. ISSUE REQUEST FOR PROPOSALS FOR UNIFIED DEVELOPMENT PROJECT FOR DEVELOPMENT OF MIXED RESIDENTIAL / COMMERCIAL USES OF s (A) CITY BLOCK 55 BOUNDED BY N.W. 6 AND 7 STREETS, AND N.W. 2 AND 3 AVENUES (MIAMI A.L. KNOWLTON BLOCK 55N= (B) BLOCK 56 BOUNDED BY N.W. 6 AND 7 STREETS, N.W. 1 COURT AND N.W. 2 AVENUE (MIAMI A.L. KNOWLTON BLOCK 56N); AND (C) BLOCK 45 BOUNDED BY N.W. 7 AND 8 STREETS, N.W. 1 COURT AND N.W. 2 AVENUE (MIAMI A.L. KNOWLTON BLOCK 45N - SELECT CERTIFIED PUBLIC ACCOUNTING FIRM — APPOINT MEMBERS TO SELECTION REVIEW COMMITTEE. R 90-548 7/12/90 49. GRANT REQUEST FROM ASOCIACION DE R 90-•549 COMERCIANTES Y EMPRESARIOS DOMICANOS DE 7112/90 LA FLORIDA FOR CLOSURE OF DESIGNATED STREETS FOR A BLOCK PARTY - RESTRICT RETAIL PEDDLERS - PERMIT SALE OF BEER AND WINE. 50. APPROVE USE OF CERTAIN STREETS DURING R 90-55C LAWTON CHILES GUBERNATORIAL CAMPAIGN 7/12/90 WALK TO BE CONDUCTED BY PHILLIP HAMERSMITH, INC. AND ASSOCIATES. .F T 's x v H 1�14�198 .Y � ,_ 148y230 {_ t t; Tip j=. 230-232 232-233 G I t Sl. EXPf1ESS TO MSTROPOWTAN DADS COUNTY R 90-551 244 COMMISSION THR CITY'S CONCERN THAT IN I/12/90 CONSIDERATION FOR USE OF THE CONVENTION DEVELOPMENT TAX RIV11 ES FOR CONSTRICTION OF A PERFORMING ARTS CRMR SHOULD GIVE PRIORITY t CONSIDERATION TOc (&) FUNDING THE MIAMI SPORTS AND EXHIBITION AUTHORITY'S } BUDGET, AND (b) FUNDING OF ALL OPERATING DEFICITS AND MAINTENANCE OBLIGATIONS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY IN THE MIAMI ARENA, 52. GRANT REQUEST FROM RENAISSANCE R 90-552 245-246 HISTORICAL SOCIETY OF FLORIDA, INC. FOR 7/12/90 CLOSURE OF DESIGNATED STREETS DURING RECREATION OF THE STORMING OF THE BASTILLE EVENT. 53. RESCIND RESOLUTION 88-562 WHICH R 90-553 246-247 PROVIDED FOR DEVELOPMENT OF 7/12/90 IMPROVEMENTS AT SOUTH END OF KENNEDY PARK (U.S. SAILING CENTER) - AUTHORIZE MANAGER TO NEGOTIATE MANAGEMENT CONTRACT WITH A FIRM TO DEVELOP, OPERATE AND MANAGE AN OLYMPIC SAILING TRAINING FACILITY AT SAID LOCATION. 54. CONFIRM ASSESSMENT ROLL FOR R 90-554 248-249 CONSTRUCTION OF EAST LITTLE HAVANA 7/12/90 HIGHWAY IMPROVEMENT (H-4487). 55. CONFIRM ASSESSMENT ROLL FOR R 90-555 250 CONSTRUCTION OF CITYWIDE SANITARY SEWER 7/12/90 IMPROVEMENT - N.W. 47 AVENUE (SR-5521- C - CENTERLINE SEWERS). 56. CONFIRM ASSESSMENT ROLL FOR R 90-556 250-251 CONSTRUCTION OF EDISON HIGHWAY 7/12/90 IMPROVEMENT - PHASE I (BIDS A, B AND C) H-4494). 57. (A) CHANGE COMMISSION MEETING PRESENTLY M 90-557 251-258 SCHEDULED FOR SEPTEMBER 13 TO NOW TAKE R 90-558 PLACE ON SEPTEMBER 6, 1990. 7/12/90 (B) APPOINT INDIVIDUALS TO SERVE ON COCONUT GROVE STANDING FESTIVAL COMMITTEE (Appointed wares Randi Ratiner, Steven Hyatt, Ted Stahl and Twyman Bentley, Jr., and Emilio Callejao). (C) DISCUSS AND TABLE PROPOSED CHANGE OF DATE FOR UPCOMING CITY COMMISSION MEETING. 58. AUTHORIZE AMENDMENT TO CONTRACT WITH R 90-559 258-261 SPECTACOR MANAGEMENT GROUP, INC. - FOR M 90-559.1 MANAGEMENT AND OPERATION OF MIAMI 7/12/90 CONVENTION CENTER FOR ONE MORE YEAR. 59. DIRECT CITY ATTORNEY TO DRAFT A R 90-560 262-263 PROPOSED CHARTER AMENDMENT NO. 1 IN 7/12/90 REGARD TO A CITY COMMISSIONER SERVING ON THE OFF-STREET PARKING BOARD AS A MEMBER AND EK-OFFICIO CHAIRPERSON WITH THE RIGHT TO VOTE. Fy i { i 60. DIRECT CITY ATTORNEY TO bRAFT A R 90-561 PROPOSED CHARTER ANIMMINT NO. 2 IN 7/12/90 RRGARD TO SETTING THE CITY COMMISSIONERS' SALAMIS IN SUBSTANTIAL ACCORDANCE VITH STATE LAW PRESENTLY CONTROLLING SALARIES FOR COUNTY COMMISSIONERS OF NON -CHARTER COUNTIES. 61. ACCEPT BID= PHOENIX WORLDWIDE R 90-562 INDUSTRIESi INC. FOR PURCHASE, 7/12/00 STORAGE AND MAINTENANCE OF ONE INVESTIGATIVE VEHICLE FOR POLICE DEPARTMENT. 62. WAIVE REQUIREMENTS FOR COMPETITIVE R 90-563 SEALED BIDS - APPROVE PURCHASE OF THREE 7/12/90 INTOXILIZER 5000R'S FROM CMI, INC., (SOLE SOURCE VENDOR) - FOR POLICE DEPARTMENT / TRAFFIC ENFORCEMENT DETAIL, DUI SQUAD. 63. CONTINUE CONSIDERATION OF PROPOSED DISCUSSION RESOLUTION WAIVING REQUIREMENTS FOR 7/12/90 COMPETITIVE SEALED BIDS AND APPROVING PURCHASE OF POLICE PATROL DEPLOYMENT SYSTEM SOFTWARE FROM ANALYSIS CENTRAL (SOLE SOURCE VENDOR) TO COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 26TH On the 12th day of July, 1990, the City Commission of Miami, Florida, met at its regular meeting place in the City Hill, 3500 Pan American Drive, Miami, y Florida in regular session. z, The meeting was called to order at 9s15 a.m. by Mayor Xavier Suarez,vith the fallowing members of the Commission round to be presents Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez ABSENT: Vice Mayor Miller J. Dawkins ALSO PRESENT: Sergio Rodriguez, Assistant City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS. 1. Certificate of Appreciation to Mr. Steve Michelson, Florida Food Recovery Project, for his outstanding dedication and accomplishments in feeding the needy in our community and appointing Commissioner Alonso to serve on their board. 2. Certificate of Appreciation to Ryan Thomas Edison, a young and resourceful student, whose goal is to become President of the United States. NOTE FOR THE RECORD: Vice Mayor Dawkins entered the meeting at 9:22 a.m. ------------------------------------------------------------------------------ 2. CONSENT AGENDA ------------------ -- ------------------------------------------------------ Mayor Suarez: Consent agenda items that have been withdrawn and other items d that have been withdrawn include, CA-7, CA-13, CA-16, CA-33 and CA-35 on the consent agenda. Other regular items withdrawn are 2, 28, 30, 60, 68, 74 and r 75 so, hopefully you won't be delayed here further on any of those items, they will not be heard today, and I would like a clarification, I'm pretty sure there will not be any problem, in fact I know there won't be any problem with CA-31, Vice Mayor Dawkins: Yea, I have a clarification too. Mayor Suarez: OK, So, 31 is pulled out for clarification, OK. Anyone elate from the rest of the Commission before we vote on the consent Agenda? Items CA-1 through CA-38 constitute the consent agenda. They will be handled:aud' t'`' Y F noted on criiiectIvoly unless anyone wished to be heard individually on AftY of z= those itefa, If go, please step forward at thin point and tell us which enS of those item other than the ones that have boon withdrawn, item CA-1 through 38. Let the record reflect that no one stepped forward. Commissioner, Vice Mayor Dawkins... yv: Commissioner Plummer: Can I ask a question? Mayor Suarezi Yes. - Commissioner Plummer% Mr. Manager, how does item 25 differ from item 27? Vice Mayor Dawkins: It's three different groups, J.L. One is a pharmacist, one is the... Commissioner Plummer% OK. All right. My Spanish was not that good this morning. Vice Mayor Dawkins: And each... it's three different groups. Commissioner Plummer: Yes, but they both given the same footage at the same price. That's what... Mayor Suarez: All right. CA-31 is the only one at this point pulled out for clarification. Commissioners, any others? OK. Let's... Vice Mayor Dawkins: Twenty-two, I want to pull 22 for clarification. Mayor Suarez: OK. CA-22 and if we wanted to discuss any of the CDBG funding for HACAAD, we would have to have CA-13 separately, right? Vice Mayor Dawkins: Nineteen. Mayor Suarez: Thirteen? Vice Mayor Dawkins: Thirteen and nineteen. Mayor Suarez: Which is it, Frank. Thirteen or nineteen? Vice Mayor Dawkins: Thirteen. Mayor Suarez: All right. So those three are pulled out. So with the exceptions of items CA-13, 22 and 31, I'll entertain a motion on the consent agenda. Commissioner Plummer: So moved. Mayor Suarez: Moved and seconded. Any discussion or not, please call the roll. ON A MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR DAWKINS, THE CONSENT AGENDA, WITH THE ABOVE CITED EXCEPTIONS, WAS PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. A ABSOLUTION ACCEPTING A DONATION, IN THE ESTIMATED AMOUNT OF $14,000, FROM THE ROUSE COMPANY, CONSISTING OF A SYSTEM OF BUMPERS INSTALLED BY THE ROUSE COMPANY ALONG THE SOUTH QUAY WALL AT MIAMARINA (ESTIMATED COST $14,00) TO REPLACE A DETERIORATED BUMPER SYSTEM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.2 ACCEPT DONATION FROM CONTINENTAL PROPERTIES INC. - ($15,000) FOR PROVIDING AND INSTALLING NEW SIGNAGE AND LANDSCAPING AT ENTRANCE TO DINNER KEY - IN CONNECTION WITH CITY'S IMPROVEMENT TO PAN AMERICAN DRIVE, COCONUT GROVE EXHIBITION CENTER - RENOVATION AND EXPANSION (415002). RESOLUTION NO. 90-488 A RESOLUTION ACCEPTING A DONATION, IN THE AMOUNT OF $15,000, FROM CONTINENTAL PROPERTIES, INC., FOR THE PURPOSE OF PROVIDING AND INSTALLING NEW SIGNAGE AND LANDSCAPING AT THE ENTRANCE TO DINNER KEY, AS PART OF THE CITY'S IMPROVEMENT TO PAN AMERICAN DRIVE WHICH WILL INCLUDE REFURBISHING OF THE CENTER MEDIAN AND ADDITIONAL LANDSCAPING AT A COST NOT TO EXCEED $25,000, WITH FUNDS FOR SAID ADDITIONAL LANDSCAPING BEING ALLOCATED FROM MONIES REMAINING FROM THE CONTINGENCIES ESTABLISHED FOR THE "COCONUT GROVE EXHIBITION CENTER - RENOVATION AND EXPANSION", CAPITAL IMPROVEMENT PROJECT NO. 415002. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.3 AUTHORIZE DONATION OF 10 CITY -OWNED BICYCLES (CATEGORY A STOCK) TO U.S. COAST GUARD GROUP. RESOLUTION NO. 90-489 A RESOLUTION CATEGORIZING TEN (10) CITY -OWNED BICYCLES AS CATEGORY "A" STOCK AND DONATING SAME TO THE UNITED STATES COAST GUARD GROUP TO BE USED AT ITS FORWARD DRUG LAW ENFORCEMENT OUTPOST ON CAT CAT, BAHAMAS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.4 AUTHORIZE DISPOSITION OF CERTAIN CITY SURPLUS PROPERTY BY GIFT TO NEEDY ORGANIZATIONS. RESOLUTION NO. 90-490 A RESOLUTION CATEGORIZING CERTAIN SURPLUS PROPERTY AS CATEGORY "A" STOCK AND AUTHORIZING ITS DISPOSITION BY GIFT, TO THOSE ORGANIZATIONS EXHIBITING A LEGITIMATE NEED WHICH ARE APPROVED BY THE POLICE CHIEF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) LA 2.5 2.6 2.7 ACCEPT Sibs BEST FURNISHING CLEANING CONVENTION CENTER. MAINTENANCE AND JANITORIAL SERVICE, INC. - FOR SERVICES FOR VARIOUS EVENTS AT COCONUT GROVE RESOLUTION NO. 90-491 A RESOLUTION ACCEPTING THE DID OF BEST MAINTENANCE & JANITORIAL SERVICE, INC., FOR THE FURNISHING OF CLEANING SERVICES FOR VARIOUS EVENTS TAKING PLACE DURING THE YEAR AT THE COCONUT GROVE CONVENTION CENTER ON A CONTRACT BASIS FOR THE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE YEAR PERIODS TO THE DEPARTMENT OF CONFERENCES AND CONVENTIONS AT A TOTAL YEARLY COST NOT TO EXCEED $72,800.001 ALLOCATING FUNDS THEREFOR FROM THE 1989- 90 OPERATING BUDGET, ACCOUNT CODE NO. 350201-340 ($18,200.00) AND THE 1990-91 OPERATING BUDGET ACCOUNT CODE NO. 350201-340 ($54,600.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND ALSO AUTHORIZING THE CITY MANAGER THEREAFTER TO EXTEND THIS CONTRACT FOR TWO ADDITIONAL ONE YEAR PERIODS SUBJECT TO THE AVAILABILITY OF FUNDS AND TO THE SAME PRICES, TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ACCEPT BID: SAFETY EQUIPMENT COMPANY - FOR FURNISHING ENCAPSULATED CHEMICAL PROTECTIVE SUITS - TO FIRE DEPARTMENT. RESOLUTION NO. 90-492 A RESOLUTION ACCEPTING THE BID OF SAFETY EQUIPMENT COMPANY FOR THE FURNISHING OF ENCAPSULATED CHEMICAL PROTECTIVE SUITS TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $13,940.00; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 313237 ACCOUNT CODE NO. 289401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ACCEPT BID: B.L. KIRBY - FOR FURNISHING AND INSTALLING PLAYGROUND EQUIPMENT AT WILLIAMS PARK - FOR PARKS DEPARTMENT (313351). RESOLUTION NO. 90-493 A RESOLUTION ACCEPTING THE BID OF D.L. KIRBY FOR A TOTAL AMOUNT NOT TO EXCEED $42,478.90 FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT AT WILLIAMS PARK FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT FUNDS PROJECT NO. 313351 ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.) 4 July 12,191'910 s r � y iy n��� e:- 1 t 248 ACCEPT SIDa MIRI CONSTRUCTION, INC. - FOR LITTLE HAITI C.D. PAVING PROJECT (341117). RESOLUTION NO. 90-494 A RESOLUTION ACCEPTING THE HID OF MIRI CONSTRUCTION, INC., IN ALL AMOUNT NOT TO EXCEED $441,166.501 TOTAL BID OF THE PROPOSAL, FOR LITTLE HAITI C.D. PAVING PROJECT, WITH MONIES THEREFOR BEING ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 341177, IN THE AMOUNT OF $441,766.50 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.9 ACCEPT BID: JAFFER ASSOCIATES, LTD. - FOR JAPANESE GARDEN IRRIGATION PROJECT (SECOND BIDDING) (331317). RESOLUTION NO. 90-495 A RESOLUTION ACCEPTING THE BID OF JAFFER ASSOCIATES LTD., IN AN AMOUNT NOT TO EXCEED $26,998.00, BASE BID OF THE PROPOSAL, FOR JAPANESE GARDEN IRRIGATION PROJECT (SECOND BIDDING), WITH MONIES THEREFOR BEING ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 331317, IN THE AMOUNT OF $26,998.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.10 AUTHORIZE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH FOUR NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS: (a) COCONUT GROVE LOCAL DEVELOPMENT CORPORATION INC. (b) HAITIAN TASK FORCE (c) NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC.; AND (d) SMALL BUSINESS OPPORTUNITY CENTER, INC. - TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS - ALLOCATE FUNDS FROM 16TH YEAR CDBG. RESOLUTION NO. 90-496 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOUR (4) NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR THE AMOUNTS SPECIFIED FOR EACH, TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS, WITH FUNDS BEING ALLOCATED THEREFOR FROM THE SIXTEENTH (16TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) a 2.11 ALLOCATE 16TH YEAR CDBG FUNDS ($227,000) (PREVIOUSLY APPROPRIATED BY ORDINANCE 10127) TO SOCIAL SERVICE AGENCIES: (a) JEWISH FAMILY SERVICES, INC. ($559000) - FOR CITYWIDE SENIOR CRIME WATCH PROGRAM; (b) TRI-CITY COMMUNITY ASSOCIATION, INC. ($57)000) - FOR HOME IMPROVE48NT PROGRAM; (c) DADS EMPLOYMENT AND ECONOMIC DEVELOPMENT, INC. ($65,000) = FOR GREATER MIAMI SERVICES CORPS; AND (d) BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC ($50,000) FOR LYRIC THEATRE REHABILITATION - EXECUTIVE AGREEMENTS. RESOLUTION N0. 90-497 A RESOLUTION WITH ATTACHMENTS, ALLOCATING $227,000 OF 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10727, ADOPTED MAY 24, 1990, AS FOLLOWS: $55,000 TO JEWISH FAMILY SERVICES, INC. FOR THE CITYWIDE SENIOR CRIME _ WATCH PROGRAM; $57,000 TO TRI CITY COMMUNITY ASSOCIATION, INC. FOR THE HOME IMPROVEMENT PROGRAM; $65,000 TO DATE EMPLOYMENT AND ECONOMIC DEVELOPMENT, INC. FOR THE GREATER MIAMI SERVICE CORPS, AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. FOR LYRIC THEATRE REHABILITATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE AFOREMENTIONED AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.12 APPROVE AGREEMENT TO CONTINUE THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM - DESIGNATE CITY MANAGER AS CITY'S ONGOING REPRESENTATIVE TO THE CONSORTIUM - EXECUTE AGREEMENT. RESOLUTION NO. 90-498 A RESOLUTION WITH ATTACHMENTS, APPROVING THE AGREEMENT TO CONTINUE THE ENTITY KNOWN AS THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; FURTHER DESIGNATING THE CITY MANAGER TO CONTINUE SERVING AS THE CITY OF MIAMI REPRESENTATIVE TO THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.13 ALLOCATE $75,000 AS GRANT (FROM CDBG FUNDS CITYWIDE COMMERCIAL FACADE PROGRAM) TO YMCA OF GREATER MIAMI - TO ASSIST IN RENOVATION OF INTERNATIONAL JOSE MARTI YMCA LOCATED AT 450 SW 16 AVENUE, LITTLE HAVANA. RESOLUTION NO. 90-499 A RESOLUTION APPROVING THE ALLOCATION OF $75,000, IN THE FORM OF A GRANT FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CITY-WIDE COMMERCIAL FACADE PROGRAM TO THE YMCA OF GREATER MIAMI FOR THE PURPOSE OF ASSISTING IN THE RENOVATION OF THE INTERNATIONAL JOSE MART YMCA LOCATED AT 450 SOUTHWEST 16TH AVENUE IN LITTLE HAVANA WITH THE GRANT AGREEMENT TO BE ENTERED INTO AT A LATER DATE SUBJECT TO THE ORGANIZATION RECEIVING FIRM COMMITMENTS FOR ADDITIONAL FUNDING IN THE AMOUNT OF $75,000 FROM DATE COUNTY AND THE BALANCE OF $272,600 FROM OTHER SOURCES AND SUBJECT TO CITY COMMISSION APPROVAL. (Here follows bodg of resolution, omitted here and on file in the Office of the City Clerk.) 6 July 120i990 �;r 2.14 ALLOCATE FUNDS (FROM 14TH YEAR CDEG FUNDS FOR 'ECONOMIC DEVSLONM J PHYSICAL IMPROVEMENT PROJECTS POOL FUND) AS A LOAN TO KOCHER VENTURES FOR EXTENSIVELY RENOVATING INFRASTRUCTURE OF COMMERCIAL PROPERTY LOCATES AT 570-74 NW 26 STREET - EXECUTE AGREEMENT, RESOLUTION NO. 90-500 A RESOLUTION WITH ATTACHMENT, ALLOCATING AN AMOUNT NOT TO EXCEED $47,734 IN THE FORM OF A LOAN TO KOCHEN VENTURES, A PARTNERSHIP FOR THE PURPOSE OF EXTENSIVELY RENOVATING A COMMERCIAL PROPERTY LOCATED AT 570-74 NORTHWEST 26TH STREET, MIAMI, FLORIDA, IN WHICH THE INFRASTRUCTURE HAS DETERIORATED; WITH FUNDS BEING ALLOCATED FROM THE FOURTEENTH (14) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ECONOMIC DEVELOPMENT/PHYSICAL IMPROVEMENT PROJECTS POOL FUND AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAID FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TERMS OF SAID LOAN AS STATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.15 AMEND EXISTING CONTRACT WITH MIAMI-DADE COMMUNITY COLLEGE - EXTEND CONTRACT FOR THE CITY'S RENDERING OF IN-SERVICE FIRE TRAINING. RESOLUTION NO. 90-501 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COMMUNITY COLLEGE (M.D.C.C.) FOR THE CITY'S RENDERING OF IN-SERVICE FIRE TRAINING TO THEREBY EXTEND THE PERIOD OF SAID CONTRACT FROM AUGUST 1, 1990 THROUGH JULY 31, 1991. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.16 APPROVE FINDING OF NECESSITY AND DECLARE LIBERTY CITY PORTION OF MODEL CITY TO BE SLUM OR BLIGHTED AREA (AN AREA BOUNDED BY NW 12 AVENUE TO THE WEST, I-95 TO THE EAST, NW 54 STREET TO THE SOUTH, AND NW 71 AND 79 STREETS TO THE NORTH). RESOLUTION NO. 90-502 A RESOLUTION WITH ATTACHMENTS, APPROVING THE FINDING OF NECESSITY (A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART THEREOF AS EXHIBIT "A") AND DECLARING THE LIBERTY CITY PORTION OF MODEL CITY, AN AREA GENERALLY BOUNDED BY N.W. 12TH AVENUE TO THE WEST, I-95 TO THE EAST, N.W. 54TH STREET TO THE SOUTH, AND N.W. 71ST AND 79TH STREETS (THE NORTHERN CITY LIMITS) TO THE NORTH (GRAPHICALLY DEPICTED AND LEGALLY DESCRIBED IN EXHIBIT "B"), TO BE A SLUM OR BLIGHTED AREA; FINDING A NEED FOR REHABILITATION, CONSERVATION OR REDEVELOPMENT; AND AUTHORIZING THE CITY CLERK TO FORWARD THE APPROVED RESOLUTION TO THE METRO-DADE COUNTY MANAGER'S TAX INCREMENT FINANCING COMMITTEE FOR ITS REVIEW AND APPROVAL, SO THAT IT CAN SUBSEQUENTLY BE CONSIDERED FAVORABLY BY THE METRO-DADE BOARD OF COUNTY COMMISSIONERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 2.17 DESIGNATE AS CATEGORY "B" PROJECT THE ACQUISITION OP TRANSPORTATION PLANNING AND ENVIRONMENTAL ENGINEERING SERVICES INCLUDING PREPARATION OF RESPONSE TO APPLICATION FOR DEVELOPMENT APPROVAL FOR INCREMENT It Or THE SOUTHEAST OV+ERTO'WN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT - APPOINT CERTIFICATION COMMITTEE - APPOINT HERBERT BAILEY AS CHAIRMAN OF COMPETITIVE SELECTION COMMITTEE. RESOLUTION NO. 90-503 A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT THE ACQUISITION OF TRANSPORTATION PLANNING AND ENVIRONMENTAL ENGINEERING SERVICES INCLUDING THE PREPARATION OF A RESPONSE TO THE APPLICATION FOR DEVELOPMENT APPROVAL FOR INCREMENT II OF THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE REQUIRED PROFESSIONAL SERVICES; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN FOUR QUALIFIED PROFESSIONALS FROM THE CITY'S STAFF; AUTHORIZING THE CITY MANAGER TO APPOINT A FORTH CERTIFICATION COMMITTEE MEMBER WHOSE PROFESSIONAL EXPERTISE IS PLANNING SUBSEQUENT TO RECEIPT OF THE PROPOSALS AND APPOINTING HERBERT J. BAILEY, ASSISTANT CITY MANAGER, AS CHAIRMAN OF THE COMPETITIVE SELECTION COMMITTEE, ALL IN ACCORDANCE WITH FLORIDA STATUTES SECTION 287,055, AND CITY OF MIAMI ORDINANCE NO. 9572, ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING FOR SUCH PROFESSIONAL SERVICES AND ALSO ESTABLISHED NEGOTIATION REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH SERVICES; FUNDS FOR SAID SERVICES ALLOCATED IN THE SOUTHEAST OVERTOWN/PARK WEST BOND FUND PROJECT NUMBER 113010. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.18 RATIFY MANAGER'S ACCEPTANCE OF A GRANT ($62,000) FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH DADE COUNTY - TO PROVIDE CHILD DAY CARE SERVICES FOR CHILDREN FROM LOW INCOME FAMILIES - EXECUTE AGREEMENT. RESOLUTION NO. 90-504 A RESOLUTION WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A GRANT IN THE AMOUNT OF $62,000 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH METROPOLITAN DADE COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) a $ July 12, 1990 +�.:.•..;: � .. mr rseCc`�2'•:NFPhf�R:Pf �•'ta^ .r. 0 2,19 EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH POUR NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS.- (a) CODEC, INC.; (b) EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION; (c) ST. JOHN COMMi�NITY DEVELOPMENT CORPORATION; AND (d) TACOLCY ECONOMIC DEVELOPMENT CORPORATION TO STIMULATE DEVELOPMENT OF HOUSING AFFORDABLE TO LOU AND MODERATE INCOME FAMILIES AND INDIVIDUALS - ALLOCATE $50,000 TO EACH GROUP (IN 16TH YEAR CDBG PROGRAM FUNDS). RESOLUTION NO. 90-505 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, WITH FOUR (4) NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS, (CODEC, INC., EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, ST. JOHN COMMUNITY DEVELOPMENT CORPORATION AND TACOLCY ECONOMIC DEVELOPMENT CORPORATION), FOR THE PURPOSE OF UNDERTAKING ACTIVITIES TO STIMULATE THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS; FURTHER ALLOCATING A TOTAL OF FIFTY THOUSAND DOLLARS ($50,000) EACH IN SIXTEEN (16) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS FOR THE PURPOSE OF PROVIDING SAID ADMINISTRATIVE FUNDING GRANT TO THE AFOREMENTIONED COMMUNITY DEVELOPMENT CORPORATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.20 AUTHORIZE MANAGER TO MARKET AND CONVEY TO QUALIFIED LOW AND MODERATE INCOME HOMEBUYERS TEN NEW SINGLE FAMILY HOMES UNDER CONSTRUCTION ON CITY -OWNED PARCELS IN ALLAPATTAH AND MODEL CITY COMMUNITY DEVELOPMENT TARGET AREAS IN CONNECTION WITH CITY'S SCATTERED SITE AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAM - REALLOCATE FUNDS FROM AFFORDABLE HOUSING PROGRAM (321024) AND 1976 GENERAL OBLIGATION HOUSING BONDS. RESOLUTION NO. 90-506 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MARKET AND CONVEY TO QUALIFIED LOW AND MODERATE INCOME HOMEBUYERS TEN (10) NEW SINGLE FAMILY HOMES UNDER CONSTRUCTION ON CITY -OWNED PARCELS (MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A") IN THE ALLAPATTAH AND MODEL CITY COMMUNITY DEVELOPMENT TARGET AREAS IN CONNECTION WITH THE CITY'S SCATTERED SITE AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAM; FURTHER REALLOCATING $135,000 FROM CAPITAL IMPROVEMENT PROJECT NO. 321024, "AFFORDABLE HOUSING PROGRAM," THE FUND BALANCE FROM THE $275,000 IN 1976 GENERAL OBLIGATION HOUSING BONDS -INTEREST INCOME PREVIOUSLY AUTHORIZED THROUGH RESOLUTION NO. 87-631, ADOPTED JULY 9, 1987, TO PROVIDE SECOND POSITION HOME PURCHASER MORTGAGE FINANCING TO THE PROSPECTIVE PURCHASERS OF THE AFOREMENTIONED CITY FINANCED SINGLE FAMILY HOMES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) .a 2.21 YSSUE RRVOCABLE P$RMtT TO COLEGIO NACIONAL DR ARQUITECTOS FOR USE or 234 SQUARE FEET Olt SPACE IN MANUAL ARTIME COMMUNITY CANTER AT A �- DESIGNATED ANNUAL PEE. !uJ RESOLUTION 140. 90-SOI A RESOLUTION WITH ATTACM49UTO AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO COLEGIO NACIONAL DE ARQUITECTOS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 234 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 SOUTiIW'EST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTER TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $351, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.22 ISSUE REVOCABLE PERMIT TO COLEGIO NACIONAL DE DENTISTAS - FOR USE OF 234 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEE. RESOLUTION NO. 90-508 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO COLEGIO NACIONAL DE DENTISTAS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 234 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTER TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE FOR $351, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.23 ISSUE REVOCABLE PERMIT TO COLEGIO NACIONAL DE FARMACEUTICOS - FOR USE OF 234 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEB. RESOLUTION NO. 90-509 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO COLEGIO NACIONAL DE FARMACEUTICOS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 234 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTER TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $351, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) a r i 2.24 ISSUE REVOCABLE PIM41T TO LIONS HOME FOR THE BLIND, INC. 2,S03 SQUARE FEET Or SPACE IN MANUEL ARTIME COMMUNITY DESIGNATED ANNUAL PER. RESOLUTION NO. 90-510 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO LIONS HOME FOR THE BLIND, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 2,503 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 970 SOUTHWEST FIRST STREET, ROOMS 403-4071 MIAMI, FLORIDA; SAID PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEB OF $110263.56, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.25 ISSUE REVOCABLE PERMIT TO SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION - FOR USE OF 224 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEE. RESOLUTION NO. 90-511 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 224 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $1,008 IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) 2.26 ISSUE REVOCABLE PERMIT TO CATHOLIC COMMUNITY SERVICES, INC. FOR USE OF 60 SQUARE FEET OF SPACE IN MANUEL ARTIME COMMUNITY CENTER AT A DESIGNATED ANNUAL FEE. RESOLUTION NO. 90-512 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO CATHOLIC COMMUNITY SERVICES, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 60 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $270, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City C:ea:. fF: 2.21 CLAIM SETTLEMENTt BARBARA GUTTRRR12 ($45,000). RESOLUTION NO. 90-513 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO FAY TO BARBARA GUTIERRM WITHOUT ADMISSION OF LIABILITY, THE SUM OF $45,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FOR ANY AND ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.28 ACCEPT 24 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 90-514 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT TWENTY-FOUR (24) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.29 ACCEPT PLAT: DEGARMO ESTATES. RESOLUTION NO. 90-515 A RESOLUTION ACCEPTING THE PLAT ENTITLED "DEGARMO ESTATES", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGE AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.30 ACCEPT PLAT: AMENDMENT TO FOUR DESIGNS SUBDIVISION. RESOLUTION NO. 90-516 A RESOLUTION ACCEPTING THE PLAT ENTITLED "AMENDMENT TO FOUR DESIGNS SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2 { t t . .. � J+'trM, puF. �nLh'n•vyM1�h"Jb47R ~• I.31 ACCEPT FLAP: MARGI SUBDIVISION. RESOLUTION NO. 90-517 A RESOLUTION ACCEPT114G THE PLAT ENTITLED "MARGI SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGE RAND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3. (A) ALLOCATE $1,662,150 (16TH YEAR CDBG) AND $106,268 (CONTINGENT FUND) TO PREVIOUSLY NAMED SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS - EXECUTE AGREEMENTS- (B) AUTHORIZE AND DIRECT CITY MANAGER TO GIVE TO HAITIAN COMMUNITY ALL MONIES PREVIOUSLY ALLOCATED FOR THEM. Mayor Suarez: On CA-13, Frank, are you ready to make a recommendation on... Vice Mayor Dawkins: Before Frank gets into that... Mayor Suarez: Yes, Mr. Vice Mayor? Vice Mayor Dawkins: ... On CA-13, how much money is presently tied up or held up for HACAAD?... For this funding year? Mr. Frank Castaneda: Let me explain the issue on HACAAD, Commissioners. Last year, because of management problems that they had, they were unable to enter into contract for their funding. Therefore, they have last year's allocation fully intact for next year. Vice Mayor Dawkins: How much is it? Mr. Castaneda: Approximately $46,000 I believe. Vice Mayor Dawkins: Forty-six thousand? Mr. Castaneda: That's correct, Commissioner. Vice Mayor Dawkins: OK. Go ahead. Mr. Castaneda: This allocation is for the coming year. Supposedly, they can use last year's allocation to operate. The reason that we made this allocation, was to reserve the money for the Haitian Community; we wanted to make sure that the money stayed in the community. If the Commission wants to separate this item for later discussion, you know, that's fine, but if you withdraw this whole item, you will be affecting all the social service agencies. Vice Mayor Dawkins: I'm not withdrawing anything. All I want to know is that, if forty-six and forty-seven equals ninety-three. Mr. Castaneda: That's correct, Commissioner. Vice Mayor Dawkins: Is ninety-three dollars available for the Haitian Community, is that right? Mr. Castaneda; Yes, it is. That's correct, Commissioner. ,:Y M. 13 t.. -ROP FyfFl_,� 11�7 $¢ nRAW y x Vie* Mayor Davkinst Novo *6 let'a teake sure that the forty-six th6usaitd that's for th& Haitian Cotmt►utiity does not get caiked up and you case up ' atia tell me that the forty-seven you have here now in the forty-six from li tt year, Mr. Castanedat That's correct. Vice Mayor Dawkinst Bo, it's $96,000 available for the Haitian Community? Mr. Castanedat That is correct, Commissioner. Vice Mayor Dawkins: Now, what do they have to do to get this $960000? Mr. Castanedat Be able to enter into a contract. Vice Mayor Dawkins: Be able to enter into a contract doing what? Mr. Castaneda: Well, we originally had entered into a,contract... I'm sorry, we'll be entering into a contract with HACAAD. They have been able to enter, prepare the proper insurance and things like that, and that was the problem that we had last year. Commissioner Plummer: That is not my understanding, not going to HACAAD. Mr. Castanedat They had a lot of administrative problems that they could not enter into a contract. This $46,000 can either be allocated to HACAAD or it can be you know, given to another organization or we could open it up for r-y` different Haitian groups to apply for it. - a Vice Mayor Dawkins: No. Let's just reserve it for the Haitian Community and when the Haitian Community meet your guidelines... no, I take that back, I'm sorry, Frank. When the Haitian Community meet the guidelines... Mr. Castaneda: Right. Vice Mayor Dawkins: ... then we administer it to them. But I don't want... I want the manager, you and everybody to know, that it does not get moved, that it's there, available to them. Mr. Castaneda: Sure. Mayor Suarez: OK. And that will be build in to a resolution. Mr. Cayard, you have any problems with that? Mr. Ringo Cayard: I think the recent incident... My name Ringo Cayard, 100 NE 84th Street. The recent incident on 79th Street, :shows that there is a lack of communication between the two communities and the Haitian American Foundations send a copy of a proposal to every member of the Commission, asking them to help out. So far, I've been cranking most of the bill, myself an my office have been paying all the meetings and all the goings here and there, and the extra money is there, and it's available. The next Commission meeting is only in September so, since the forty-five is there, that 'would give us the permission... Mayor Suarez: OK. Why is that Frank, why is he indicating that if we somehow, don't take final action on the Haitian American Community Foundation's request, that somehow we will have to wait until September? Mr. Castanedas No, what I mentioned to Ringo was, that the next meeting is a planning meeting and of course, the City Commission does not have any meeting in August. Mayor Suarez: I would be, if the Commission is otherwise inclined, I would be inclined to go ahead and make a final determination at the second meeting in July, Ringo. Commissioner Plummer: Want to build that into the motion? Vice Mayor Dawkinat Yea. So moved. Mr. Cayards Maybe we could pass a motion.., but in the meantime, what's.,. 14 July 124.4 _ t� r rit T 3F} Y,r Mayor guareet 'you're going to have two weeks to lobby on behalf of the foundation obtaining all or part of the funds, whatever amount it is you are applying for and so will everybody else, and we will make a final determination on the second meeting on July. Commissioner Plummer: Well, let me ask a question? Does HACAAD still exist? Mr. Castaneda: yes, it does, Commissioner. Commissioner Plummer: I thought they were being investigated? Mr. Castaneda: They were being investigated and they have been able to resolve their problems at this time. Commissioner Plummer: Well then, the obvious question, why haven't they come back in and asked for the money? Mr. Castaneda: No, no. They will be receiving the money. What I'm saying is, that since last year they had all those problems, the City never gave them any money last year and what I'm saying is that, for this coming year, they will be utilizing last year's money. Therefore, you have $46,000 that could be used to help the Haitian Community in some other way. Vice Mayor Dawkins: See, I have a problem with that terminology, OK? I want you to say that they will be using this year's funding and next year's funding. Mr. Castaneda: That correct. Vice Mayor Dawkins: You see, up here if you don't say it, it doesn't get done. I want us to know that there is $96,000 available for the Haitian Community. Mr. Castaneda: That's correct, Commissioner. Vice Mayor Dawkins: Whether it's this year or whether it's been next year. Commissioner Plummer: Miller, that's not my problem. I'm trying to figure out in my mind. The monies are there and going to be used in that community, but who is going to administer them, is what my problem is. Is it going to be HACAAD, or is it going to be another organization? Mayor Suarez: Are you implying that forty-six would be still allocated to HACAAD and forty-seven possibly to the Haitian American Foundation? Mr. Castaneda: That's correct, to who ever the... Commissioner Plummer: See, that's what I'm trying to figure out. Who is head of HACAAD today? You are? And may I ask for the record if you will step forward, your name and address. Ms. Micheline Gucena: My name is Micheline Gucena, I'm the acting executive director of HACAAD. I've been there for the past five months and I've been in charge of HACAAD from the beginning for fourteen years. We had applied last year for funding and because of lack of insurance we did not receive the _ fundings. We again had applied this year for the same amount of money and now everything is in order and we are ready to administer both money. Commissioner Plummer: OK. I... thank you. Mayor Suarez: All right. You still have concerns, Vice Mayor about the idea of splitting up the money in any way? Is that what you're going to express? Vice Mayor Dawkins: Yes. No, my concern is that, whomever is certified to provide the services to the Haitian community, receive the money. But don't disperse the money illegally. That's my concern Mr. Mayor, that's all. Mayor Suarez: OK. Vice Mayor Dawkins: I don't care what changes it is that provide the needed services as long as it's legal. —r x i5 July 12, 1990: n _9M � 1 y tZ- b o nieiaioner Plummart V6110 let gee just make one other point that I'm 2 ► that the fort -five of the concerned ►bout. It was indicated to nee, ___. q forty-six that they would get from the City, whichever group got its I gueas, that there would be a matching grant from the County of like amount which brought the budget to the eighty-nine thousand that 1 have. Now, is VA+CAAb in _ line,., l guess what I'm trying to avoid is, HACAAD getting one piece of it and the Haitian foundation getting another and neither one of them have enough to do anything. OK?- pr, Commissioner Alonso: That's a good point. i it Mr. Cagard: I could answer that, sir. s Commissioner Plummer: Now, is the Haitian... is HACAAD got a guarantee from the County that they are going to get a matching grant? Mr. Cayard: I could answer that, J.L. HACAAD receive hundred... Commissioner Plummer: Now, wait a minute. Ringo, I don't want you to answer It because this is where I've got to get my answers from. Mr. Castaneda: I think what you are discussing is, that the proposal from... •R.� ? Commissioner Plummer: Could we ask that everybody having their private ; —� meeting in the back, as the sign says, please come in and have a seat. There — is no extra charge for a seat. Either come inside or go outside, I'd like to - hear what's going on. Thank you. Mr. Castaneda: Commissioner, I think that what you're making reference is to the Haitian American National Foundation proposal in which they are proposing a budget of ninety -some thousand dollars of which they are asking half of it from the City and half of it from Dade County. HACAAD, historically has received money from the Private Industry Council and Metropolitan Dade County and I believe that you have resolved the issue with Private Industry Council. Mr. Gucena: Yes, we have of the $41,500 and we had sent a grant to them which, I hope everything would be all right, by August let we will be reinstated as a recipient of the P.I.C. program. Mr. Castaneda: One of the issues that they had was that they owe the Private Industry Council approximately $23,000. Twenty thousand five hundred. The County, to a resolution gave them a grant to pay the Private Industry Council that amount of money and that resolved a lot of the financial problems. Commissioner Plummer: No. Now wait a minute. Frank, and for the members of this Commission, we all know, or I think we do, what has happened this past week with the PIC. Dade County has given every dime of that money back to the i' PIC and they have washed their hands clean of the PIC. Now, what does that do in this particular case? Dade County no longer will accept any PIC money and I understand that Monroe County is getting ready to do the same. - Mr. Castaneda: Well, technically, I don't know if what you are saying is - correct. What I understand is, that PIC has taken over the County's program. _ Commissioner Plummer: No. The County threw it back in their lap. They didn't take it back over. Mr. Castaneda: Well... - Commissioner Plummer: The County told them where they could do with their money. Mr. Castaneda: I believe that the director has been reassigned and that the Private Industry Council is operating the County's program. -; Commissioner Plummer: They had to. F -- Mr. Castanedae Because they had a lot of financial problems as well. Commissioner Plummer: But is the PIC making the same commitment that the County made to this organisation? I mean, you've got a new organization its effect, you've got the fox watching the hen house, and is the fox Oak Ing e commitment to these people as did the County. t 16 July if, .90 4 ^t . n »"t •V•:.K^• wk'i '3MY+$•4%�"•"^$rta.ieP'c.r.. ' FF �, j y Mr. Castanedas The Private Industry Council is making a Commitment to HACAAD. I don't know if that Answers your question. t: Commissioner Plummets OK. No, no, it answers my question, if the PIC is making it, there are now administering the County's funds. Vice Mayor Dawkinss why are they doing that, J.L.? �4 7 Commissioner Plummers Because the PIC impose such rules and regulations on other agencies, they can't exist. And it's going to be interesting to see that now the PIC is going to be administering the County money, if they each live by the same rules that they've been trying to administer. • Vice Mayor Dawkins: Well, why don't we give it back to them? Commissioner Plummer: Well, that was going to be my answer for this afternoon. Vice Mayor Dawkins: OK. Then, I'll wait. Commissioner Plummer: OK? 4' Vice Mayor Dawkinss You've got another vote over here. i F Commissioner Plummer: Mr. Manager, I would like to hear this afternoon from the person who is running our PIC part of the allocation of funds. OK? 5 Because I'm telling you, this thing is serious, serious. They put forth provisions you can't live with and can probably change them for themselves. Mr. Cayard: So, where do we stand from now? Commissioner Plummer: See you in two weeks. Mr. Cayard: OK. Good. Commissioner Plummer: As the Mayor said, you better do some high price lobbying. ' A Mr. Cayard: I get you, something. Mayor Suarez: Sounds like your board membership too, may be missing a representative from one of the members of the Commission. �< Mr. Cayard: Yes, Commissioner Alonso. Mayor Suarez: All right. Anything further on the item? If not, just as a resolution of principle it will make the determination and at the second Commission meeting will include all the funds from all the years accumulated and won't necessarily go to one agency, it could very well go to both agencies in the amounts requested. Mr. Castaneda: Commissioners, could we pass this item with the exception... Mayor Suarez: Yes, I'll entertain... Mr. Castaneda: ... that we are allocating the money to a Hai rather than HACAAD then you'll bring back that in two weeks. Mayor Suarez: Commissioner Plummer: We didn't withdraw the item, the administration did. Mr. Castaneda: But that's why... Commissioner Plummer: You're saying CA-167 Mr. Castaneda: I'm saying that CA-13. Mayor Suarez: We used to pass that too? Vice Mayor Dawkins: We're going to pass thirteen but just... Mayor Suarezi Commissioner Plummer: CA-13 was withdrawn from the administration. Mayor Suaree: No, no. CA-13 was just Frank asked me to get a clarification on that before... 1 entertain a motion on CA-11 with the various resolutions as to the monies for the Haitian community built in. Vice Mayor Dawkins: So moved. Mayor Suaress So moved. Second it, Commissioner Alonso? Commissioner Alonso: Yes, I do. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution and motion were introduced by Vice Mayor Dawkins, who moved their adoption: RESOLUTION NO. 90-518 A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $1,662,150 OF SIXTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10727, ADOPTED MAY 24, 1990, AND $106,268 OF SPECIAL PROGRAMS AND ACCOUNTS: CONTINGENT FUND TO PREVIOUSLY NAMED SOCIAL SERVICE AGENCIES FOR APPROVED 50CIAL SERVICE PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS IN SUBSTANTIALLY THE FORM ATTACHED, WITH SAID AGENCIES FOR SAID PROJECTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 90-518.1 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE AVAILABLE TO THE HAITIAN COMMUNITY ALL MONIES PREVIOUSLY ALLOCATED FOR THEM, THE CITY COMMISSION LATER TO DECIDE WHETHER SAID MONIES SHALL GO TO ONLY ONE OR TO THE TWO PREVIOUSLY EXISTING ORGANIZATIONS WHICH REPRESENT SAID COMMUNITY. Upon being seconded by Commissioner Alonso, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. i i= JOY 12#419t, C �iYii'iYi1ViYi�wt41i�4i.iYYiii.iiLYLfL'WiiYilJfiJiviitiYrYY1YYiIY ••.•.•..•:•.iitiN'iWi11iYGYrYlii4iiG'i�ia.�r 4r'i��irir iuiliiiaYwY�i.�iiii.iiXiifY1�G31iiIftiili�iiiNGiiiw -_. 4, ACC$PT RENTAL RRHABILITATION PROGRAM GRANT FOR FY'90 FROM 'U,S. DEPARTMENT OF HOUSING AND "URBAN DEVELOPMENT (HUD) - TO INCREASE 3t1'pPLIt y OF STANDARD HOUSING AFFORDABLE TO LOWER INCOME FAMILIES. �T al�w�arr�aiiYyiLir�+iil�ir�Sif.rr.i.�Kiy.i'ctf.�Wi►ariiwi:.YY.�wiY---r.---------r.in.ib.r�iw�ii..M+W+�rw.wra4ii..i.wM4,r:► Mayor Suarezt OK, Now, CAW-22, Vice Mayor. Vice Mayor Dawkins: Oh, Mr. Bailey and Mr. Manager. Is there anyway that we x can reserve some of this money for Rental Rehabs for ten to fifteen units? Y. Mr. Herb Bailey: Reserve them? Vice Mayor Dawkins: Yes. See, I mean, I'm fed -up with seeing individuals come in and take thirty and forty uftits and get all of this Rental Rehab money and we've got smaller units, that smaller - for the lack of a better word - developers, could participate in a smaller project instead of... there are some people out there who could handle fifteen units and rehab them. Mr. Bailey: Are you asking us, that we just want to set this aside for smaller projects? We could probably do that. Vice Mayor Dawkins: No, no. I don't need the probably, say we will. Mr. Bailey: Well, I just have to make sure we check the HUD guidelines. It's just... Vice Mayor Dawkins: All right, then I move... I'll take 22 off until the i next... ! Mr. Bailey: If you take it off, you're going to lose the money. You won't have any of it. Vice Mayor Dawkins: I'm not taking it off, you guys are taking it off. Mr. Bailey: I'm not taking it off, you're not letting me... Vice Mayor Dawkins: You guys are taking it off because you're telling me that you don't know... what? Mr. Cesar Odio= Mr. Commissioner, let me do it this way. Pass it subject to, that we can... Vice Mayor Dawkins: OK. Fine, that's no problem. Mayor Suarez: All right. Subject to earmarking... Mr. Odio: To limit it... to cap it to ten or fifteen units.., smaller businesses. Vice Mayor Dawkins: That's the same thing Herb Bailey said but I ain't for it, but that's the same thing you're saying. Mayor Suarez: You want it stated in the record that the proviso subject to? But please state it so we know what it will say. Mr. Odio: This will be subject to... according to HUD regulations that we can limit it ten to fifteen units, rehab at a time. Vice Mayor Dawkina: Move twenty-two. Mayor Suarez: All right. With that proviso, it's been moved by Vice Mayor. Commissioner Plummer; Second. Mayor Suarez; Seconded. Thank you. Any discussion? If not please call the roll. The following resolution and notion were introduced by Vice Mayor Dawkins; who moved their adoptions RESOLUTION NO. 90-519 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A RENTAL REHABILITATION PROGRAM GRANT FOR PY 1990 IN THE AMOUNT OF $5850000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE PURPOSE OF INCREASING THE SUPPLY OF STANDARD HOUSING AFFORDABLE TO LOWER INCOME FAMILIES IN THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 90-519.1 A MOTION AUTHORIZING ACCEPTANCE OF A RENTAL REHABILITATION GRANT FOR FY-90 ($585,000) FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR PURPOSES OF INCREASING THE SUPPLY OF STANDARD HOUSING FOR LOW INCOME FAMILIES, SUBJECT TO THE CITY BEING ABLE TO LIMIT THE NUMBER OF UNITS TO 15 UNITS AT A TIME. Upon being seconded by Commissioner Plummer, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. e. 5. DISCUSS AND TABLE APPROVAL OF ISSUANCE, BY THE CITY OF MIAMI HEALTH FACILITIES AUTHORITY, OF HOSPITAL REVENUE BONDS, SERIES 1990 (PAN AMERICAN HOSPITAL CORPORATION PROJECT) ($15,000,000) - TO FINANCE ACf1UISITION AND CONSTRUCTION OF CAPITAL IMPROVEMENTS TO THE HOSPITAL. Mayor Suarez: On CA-31, my question was very simple. I just want it put on the record, once again, on anything that the Health Facilities Authority does not involve in any way the City of Miami financially as to primary obligations, secondary obligation or even recommending the financing plan: Someone else has to step in and we just simply give it a stamp of approval.as to being for the right purpose but they provide their entire financing,, x including whatever letters of credit and so on are required of the financing agencies. Is that correct? Mr. Carlos Garcia: That is right, Mr. Mayor, yes. Commissioner Plummer: It's a state agency? Mr. Garcia: It says, it's a City of Miami entity, authorized under the state's statutes. Commissioner Plummer% But the funds come from the state? Mr. Garcia: Not necessarily. No, it comes from the hospital, themselves. Commissioner Plummer; Well, of course. They are the ones that authoritee, not, us, It's not full faith and credit to the City. Mr. Garcia: Might. The City has no liability at in this transaction, xk 20 July 20 4990 s# n -7a oreanit s iot�er piummer t Ox. Mayor $uarestt Vho is in fact the financing agency in this particular came, is to CAi3I? Mr. Garciat Is the City of Miami Health Facilities Authority. # Alf Mayor Suarezt But who is providing the actual credit, the actual dollars? ., r Mr. Garcia: The hospital itself, in this case, Pan American Hospital. F Mayor Suarest OK. 9s Vice Mayor Dawkinst 'They're providing the actual dollars for what? Mr. Garciat To pay debt service. To make the commitment to repay the bonds _ and interest on that. Vice Mayor Dawkins: But what does this mean? For the providing of funds together with other available monies to finance the cost of acquiring, construction and equipping certain improvements to Pan American Hospital _ including, without limitations, reimbursement... this is the part I need a ? clarification on... reimbursement to Pan American Hospital Corporation for capital improvements to Pan American Hospital paid from internal funds. What does that mean? Mr. Garcia: That means that they have already made some expenditures and they are going to be reimbursed for those expenditures they have already made, out of the bond proceeds. Vice Mayor Dawkins: And if you don't OK the bond... if this body does not OK _ the bonds, how does that money get paid? Commissioner Plummer: It does... it's already paid. Mr. Garcia: Evidently, they have already the monies to pay for that, so, they have the option of spending the monies in the future or reimbursing themselves for items they have already paid for. Vice Mayor Dawkins: OK. Now, you know, this is the same hotel that, all of the people there are my friends, but the neighbors around there are my voters. Now, Y need to know what they plan to do and if the neighbors are in accord. Mr. Garcia: They are not going to expand the hospital, they are going to renovate it, mainly. It's a renovation within the hospital. Vice Mayor Dawkins: Construct and equip certain capital improvements. Capital improvements mean building. t Mr. Garcia: Right. Do you have any particular information on that? Mr. Jose Pegamos: My name is Jose Pegamos, I'm with Shearson, Lehman, Hutton. Basically, the hospitals... Vice Mayor Dawkins: You know what? I'm tired you guys sticking things like r -j this on the consent agenda. Mr. Mayor, I defer this until the next meeting ti where we can discuss this. I mean, these kind of things should not go on the consent agenda. Commissioner Plummer: Do you understand what the Vice Mayor's,.. you kttQw hig concern? Do you really know his concern? Let me put it on the record since he was nice enough not to do it. This Commission went through one hell of a r` battle for putting across the street in a residential area doctor's offices. I assume that his concern is, that those neighbors are not going to come back to this Commission and say hey, after you defied us to allow theta to put it over there, now you're going to give them the money to build big ` structure$ over there. That's the area of concern that I would have -and I think, " i i i f th i i si expressed by the Vice Mayor. That th s money a go mg or a pr no.p. location not across the street. OX? Mr. Kenneth Myerss May I make a comment? 21 July �1} }1T ' �Mw t 2 Commissioner Plutm►ers You tell us who your are. Mayor Suarez: Yea, go ahead but give us your name first. Mr. Myerss Kenneth Myers of Squires Anderson Dempsy. Commissioner Dawkins, the general term capital improvements includes renovations. What they intend to do is renovate a wing of the hospital, which is about twenty-three year, old so that they can better utilize forty-six beds. They're going to renovate it and improve the emergency room, renovate it and improve the cafeteria and so, there is not going to be any new additions. Commissioner Plummer: Miller, I'll tell you how... Vice Mayor Dawkins: All I'm saying Ken, Attorney Myers, all I'm saying is, this should of been explained to me and I would have understood it, don't stick it on the consent agenda and expect me to rubber stamp it. It should have been a public hearing so the neighbors can come down here and I can hear them and we know what they're saying. Mr. Meyers: There was a public hearing. Vice Mayor Dawkins: Where, here? Mr. Meyers: By the Health Facilities Authority. Vice Mayor Dawkins: Here? Mr. Meyers: No, it is normal... Vice Mayor Dawkins: Public hearing on this, here? j Mr. Meyers: Yes. Vice Mayor Dawkins: When? ' Mr. Meyers: It is required by Federal Law to have a public hearing. Vice Mayor Dawkins: When was a public hearing posted for the neighbors to come down and speak in favor or against this? ll' —1 Mr. Meyers: Last... approximately two weeks ago. Commissioner Plummer: Kenny, quit. See you in two weeks. — Mr. Meyers: On the 26th of June. And it was held and it was pre... Commissioner Plummer: Kenny, you're losing, we'll see you at the next meeting. Mr. Meyers: Well, all right. The only problem is, bonds were scheduled to be marketed and everything else. Commissioner Plummer: Can I offer my colleague a thing that would rest assured that I would feel comfortable with? If it was limited to the money being expanded on the north side of 7th Street, that would alleviate my fears. Mr. Meyers: That's what it is. Commissioner Plummer: I'm saying, if that was included. Now I'm not speaking for my colleague but I think that was the concern that all of us had and if you were to put that wording in there, I could live with it very easily. But - he wants it deferred. Commissioner De Yurre: Let me put this in also. I want it deferred to because I think we're talking about $15,000,000 worth of improvements and we've got to vote on this one way or another. I think that the least you all can do is to come and see us before hand, not start wasting you know, fifteen, twenty minutes of this Commission's time when we have you know, a hundred items on the agenda. Mr. Meyers: We thought that was done. kti 22 jul ► t xE ~ i � ' nF `'i}l' i � ;. L. .ns+. =a.4 '2aYfl4r+S}�•�i'tiwp,ZiNs"dY7f �* ti � 2, m1r „L 3 Elide Mayor Dawkinat I've never seen this, Ken. I don't know nothing about what we're doing. And that's very important. �R aw Mr. Mayoras That was a mistake because we thought that was, had already been accomplished and that you all were aware of it. The normal procedures with Health Facilities Authorities matters are, that public hearings are held as required by law, they're published in the paper, in the Miami Review or Miami Herald and they are held by the authority you've authorized them to do that and then we come here and you confirm the public hearing. Vice Mayor Dawkines I'll tell you. I'll defer this if Commissioner De Yurre goes along until this afternoon and then somebody come with the provision that x somebody come and show me where there was a public hearing in this Chamber and this was discussed. i Commissioner De Yurres And that people were properly advertised. Miami Review doesn't sell too well in Flagami, let's face it. i Vice Mayor Dawkins: Now, if you show me that, if you don't... No, don't show it to me now. Mayor Suarez: We are tabling the item until the afternoon in the hope that t 1 you could satisfy the Commissioners on that. { Mr. Meyers: OK. Thank you. The transcript of the public hearing I believe, j. is in your packet. F Mayor Suarez: That's what he is going to want to look at. Commissioner Plummer: Kenny, have a nice lunch. Mr. Meyers: Thank you very much. ;?. Mayor Suarez: All right, the item is tabled and then that's it for the s: consent agenda. 6. AUTHORIZE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT ($125,000) - PASS -THROUGH GRANT FOR THE STAGING OF 1990 THE MOTORCYCLE GRAND PRIX - EXECUTE GRANT AGREEMENT WITH MIAMI MOTORSPORTS, INC. ( _____.--------------------------- ------------------------ - ---- Commissioner Plummer: Are you taking emergency items? j: { ` Vice Mayor Dawkins: No, no. j �i Mayor Suarez: As long as they are not related to Hydroplane racing. Commissioner Plummer: It's not, it's motorcycles. Can I do this in a hurry? THEREUPON, COMMISSIONER PLUMMER READ THE RESOLUTION 90-520 INTO THE PUBLIC ! RECORD, BY TITLE ONLY. Commissioner Plummer: I so move. # Mayor Suarez: So moved. - { Commissioner Plummer: I don't get second. , i- Commissioner Alonso: Second. Commissioner Alonso: Seconded. Any discussion? If not, please call the �. roll. Mayor Suarez; That is a classic consent agenda item. i J� t} A/ ■' 91 wyyw k4* The folloWitYg resolution was introduced by Commissioner Pluto moved its adoption: RESOLUTION NO. 90-520 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT, IN THE AMOUNT OF $125,000 PROVIDING FOR THE FUNDING OF THE PASS THROUGH GRANT FOR THE STAGING OF THE 1990 MOTORCYCLE GRAND PRIX: FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI MOTORSPORTS, INC. TO EFFECTUATE SUCH STATE GRANT. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. i. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: MOTORCYCLE GRAND PRIX 1990 - APPROPRIATE $125, 000 FROM A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT. Commissioner Plummer: And now, an emergency ordinance by the City Attorney to pass this money on to them. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Commissioner Plummer: I so move. Vice Mayor Dawkins: Move what? Mayor Suarez: The ordinance appropriating the funds. Commissioner Plummer: Now that you have accepted the money, you are giving it to them. Mayor Suarez: Call the roll Ms. Hirai: Mr. Mayor, I need a second on this. Mayor Suarez: It was seconded by Commissioner Alonso. Ms. Hirai; Sorry, thank you. 24 July 124A990 1 4 �1t &W u W AN NMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLEDt "MOTORCYCLE GRAND PRIX 1990", APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $125*000 FROM TIM STATE OF FLORIDA; DEPARTMENT OF COMMERCE; DIVISION OF ECONOMIC DEVELOPMENT; CONTAINING A REPEALER PROVISION AND SBVRRABILITY CLAUSE. +Wan introduced by Commissioner Plummer and Alonso, for adoption as an emergency measure requirement of reading saute on two separate days, following Motet AYESt Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. seconded by Commissioner and dispensing with the'S which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Alonso, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10756. 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 Plummer: Mr. Mayor, may I remind all of my colleagues on the Commission, tomorrow night is the opening in the Orange Bowl of the Sunshine State Games at 7:00 o'clock. Ms. Hirai: Commissioner, it was an emergency, can I call the second part of roll call? Commissioner Plummer: Thank you. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: The Sunshine State Games in the Orange Bowl opening tomorrow night at 7:00 o'clock and that the motor cycle race itself will be on July 21 and 22. If any of you want to get on national TV, the race that's being televised is on Saturday but the big race is on Sunday. So, we invite all of you to both of these events. NOTE FOR THE RECORD: At this point, Agenda item 2 was withdrawn. tiR 25 July .it hL i'tt� k q244g - i r ty. c v 21` - r.c.: ri...r.rw.a...f. r..r�..�Brii�l.iva4±N—'"•"sx :. g. CITY ATTORNEY MORMS CITY COMMISSION HIS ANNUAL REPORT WILL Sg PRESENTED AT A LATER DATE. Mayor Suarez: Item 2 is withdrawn. Item 3, City Attorney Annual Report. Mr. Fernandez: Mr. Mayor and Commissioners, on an annual basis, the City Attorney presents to you a written report of the accomplishments and successes of his office. This year, we have been somewhat delayed because of other responsibilities in producing that report in writing. My hope would have been to have given it to you today. You should be getting it hopefully, by Friday or Monday but that would be a report that would show you the number of cases like, that we have litigated, the number of appeals we have taken, the amount of monies that we have collected for the City and tells the story of our _ accomplishments over the past year. And this is done on an annual basis and it should have been presented to you today but it will be somewhat delayed by a few days. Mayor Suarez: OK. Anything further? Commissioner Plummer: No, I'm sorry. I have nothing further. Mayor Suarez: OK. Do we need to do anything on it, Mr. City Attorney? Mr. Fernandez: No. That's all right, it was just a matter of information. Mayor Suarez: All right. 9. APPROVE SLIDING SCALE FEE SCHEDULE FOR COMPENSATION TO LAW FIRMS SERVING AS PRIMARY BOND COUNSEL TO THE CITY, FOR A TWO-YEAR PERIOD. Mayor Suarez: Item 4, bond counsel fee schedule. Mr. Fernandez: Yes. At your instruction, as you remember, several weeks ago, you approved a rotational list composed of four local firms to represent the City in bond issues. You have also instructed me at the time that you selected these four firms to negotiate with them terms and conditions for the representation that would be more favorable than what the previous rotation wan providing us. I met with all four firms and it was negotiated that they would represent the City and that their fee schedule would be five percent reduced, five percent less than what it was before. This is the item that's being passed out to you now. Also, at the time that we met, we discussed the type of issues that we find ourselves dealing with more often all the time and I those are issues in which we need bond counsel s opinion, yet they are not part of a regular issuance of bond. And they are in a position... they have requested that they should be paid and I believe that it's a legitimate request on their part that if we ask them to give legal opinions on issues related to bonds or how bonds money can be used or how properties that have been acquired with bond monies can be used that for these requests for legal opinions, that you authorize myself and the director of finance to engage one of these four f+.rms that you have chosen oyi a professional services contract just to render these legal opinions, whi.��h would be outside of the schedule that I'm presenting to nRu. So in other words, I'm doing two things today. I'm presenting for you to approve the newly negotiated fee schedule which shows a five percent reduction from the previous one and number two, I'm asking you to authorize me and the finance director, that on very specialized and very limited basis, we negotiate with one of these four firms, them' giving, or their rendering legal opinions to the City on bond related issued. Mayor Suarez: A lot of times they give those opinions on a verbal basis. Mr. Fernandez: And when they do, they don't charge but it is when are need them to be on writing and have their malpractice behind and when we need them! - to do extensive research to find out how the tax laws have changed and you know, all of that. Then we feel that we should be in a position to sit down 26 July 120 199!� ti 1 with them and negotiate their fee, be it on an hourly basis or be it on Otte other basis that would be fait and equitable. Vice Mayor Dawkins: Attorney... The only problem that I have with this, Mr. City Mr. Fernandez: Yes, air. Vice Mayor Dawkinss ... is the fact that when you first got here, you told me that you were going to be streamlining your staff and you would be using less and lees outside attorneys. Now, sir, every time I look up, you're coming with a justification for bringing on more outside people and we are not putting anybody on board to obtain the skill, in my opinion, the skills at that we don't have to continue to go outside for this outside help sir. Mr. Fernandeza Commissioner Dawkins, it is the part of wisdom to know that what you can and cannot do and my representations to you today are that in this area of bonds, in the area of taxation, these are areas in which it would be practically impossible for the City Attorney to develop the kind of expertise that would ensure the City that it's operating on a proper basis. This is an area where... Vice Mayor Dawkins: There are no attorneys that you can hire and have it year round for approximately the same amount of money that you're going to spend hourly with these other people. Mr. Fernandez: No. Not under the present structure that I have to operate with within the salary constraints that I have for my office. Vice Mayor Dawkins: But who develop the salary restraints? Mr. Fernandez: All of us do. Vice Mayor Dawkins: No, I said, who did? You did. Mr. Fernandez: That's true. Vice Mayor Dawkins: OK. And you decided that you were going to bring in attorneys with less experience and pay them less money and what have you, right? Mr. Fernandez: But it's not a question of bring in... Vice Mayor Dawkins: No, who did that, air? Mr. Fernandez% I have made all those decisions. Vice Mayor Dawkins: All right, so you did that. Mr. Fernandez: Yes, air. Vice Mayor Dawkins: All right. Now, don't pass the buck over here to me and say that I... that the cost restraint is a result of my action. Mr. Fernandez: Sir, I agree with you and it is still my decision that it would be foolish for me, as City Attorney, to hire a bond counsel with tax experience at a rate of no less than one hundred fifty to $200,000 which would be what some of these attorneys would pull in just to have them on board to render limited opinions and services to the City. It would be irresponsible for me to hire someone paying that much for the limited type of services we need. Mayor Suarez: But the knowledge is not all that expansive. It's fairly limited as to being able to determine for us, one of your staff people should be able to determine for us in general the possible use of facilities that were billed with certain bonds... Mr. Fernandez: I beg to differ, Mr. Mayor. Mayor Suarems That's just and opinion. I mean,.. Mr. Fernandez: That's right,u 27 July 4 - Mayor Suarez: ... I'm not, why argue about it. Mr. tarnanders That's right. - Mayor Suarers; The question here is nowt Commissioner Plummer is asking, how � much of those fees, if any, would be covered by the... Commissioner Plummers Expenses of the bond. Mayor Suarers Might. The bond expenses which are already built in. 3 a x.; Mr. Fernanders All of it. Mayor Suarers How are you going to do that mechanically? Is that money going to be somehow there in a fund that you can apply it to? How do we know that 4 it's not going to be money that would otherwise can constitute a savings for us in the issuance of a bond? Mr. Fernanders We are not talking now about the issuance of bonds... Mayor Suarez: I know. But if... Kq Mr Fernandez: We're talking now about those areas where we need specialized legal opinions. Mayor Suarers .. '_ y you have just answered Commissioner Plummer s question that they would be covered from monies that are otherwise earmarked for the issuance of a bond, how do we know that will not somehow be an additionalQl expense that we didn't count on initially? You're just going to build it in to the initial... Mr. Fernandez: Well, then the finance director should be in a position that, I would not be in a position to identify the sources. Mr. Garcia. Mayor Suarez: Because it all comes out of the same basic pot. I mean, it comes out of the bond proceeds. ;r iy Mr. Fernandez: It all depends on the transaction, Mr. Mayor. Let me just - give you an opinion. Mayor Suarez: Why don't we just leave this if I may suggest,3 why don't we ; - just leave this for determination on a case by case basis. We are only talking about written opinions, right? I mean, they are not going to be saying every time we call them on a question, sometimes the Commission calls them I think, at least I've called bond counsel before. Mr. Fernandez: And so do I. And they are very kind. Mayor Suarez: And if they tell us off the top of their head, well, I think you probably could use that even though it was financed by bonds for a particular purpose you could probably use... Mr. Fernandez: But, in my opinion it is irresponsible for the City to proceed _ on the development of a project like we're thinking of doing at the FEC (Florida East Coast) property. The issuance of that proposal or of that ' R" - is waiting for us to proceed to get legal opinion from bond counsel as to _i - whether it... Mayor Suarez: OK. But why don't we take, my suggestion is going to be that when we have a major project based on a major bond issue in the pest and a x major legal question, that we then approve the expenditure for that on &:carts s by case basis rather than give you... •' Mr. Fernanders Fine, that's another viable alternative. ` l Mayor Suarez: Thank you. ; }< Mr. Fernanders Then you will... we'll cosue to you with that, And so thou with that modification to the item that I'm presenting to you today,, I sishoaait {' to you then item 4 for you to consider. i 4 4� _ n 20 July, 42 4i1�� r Mayor 9uaress Absolutely. die get final approval anyhow on any additional t.` expenditure. This is on a fee schedule being reduced by a total of five percent, right? Mr. Fernandes: rive percent across the board, yes. And also on the. administration and the City Attorney coming to you on a case by case basis:. when a legal opinion needs to be issued and be paid for. Commissioner Plummer: Give me an idea how much was spent last year for outside counsel and bonds. Mr. Carlos Garcia: I don't have the numbers with me... -- Commissioner Plummer: Approximately. Mr. Garcia: ... but I believe for the last two years, it has been about $400,000. Commissioner Plummer: Four hundred, so, roughly two hundred thousand a year. . Mr. Garcia: Right. Commissioner Plummer: And what... If I heard you correctly, you're talking about having somebody on staff for no more than a hundred and fifty. Isn't —� that a savings? Mr. Fernandez: But, you know, it's not so much only the factor of saving, 1 it's a fact of expertise. Law firms are bond counsel not individuals. And a law firm pulls in together a number of experts in the field. It's not only the tax person, it's the person that has the experience with, in dealing with the number of other legally related issues that are just more than the -!� expertise of one person. =0 Commissioner Plummer: Then tell me why when we asked Holland and Knight, as our underwriter attorneys, that they said that their man who did all of that was in Lakeland? So obviously -there is one men who is doing it in a law.firm. Mr. Fernandez: No. Mr. Garcia: That is not entirely true, Commissioner. The fact is that they have several people working on a particular bond issue, they have people that $ are experts in tax law, and they have people that are experts in bond law and so forth. Besides that, when you're going to sell a bond, a bond buyer expect to see the name of a reputable firm on that official statement, Someone they can trust besides a City staff. Commissioner Plummer: Who they don't trust. Mr. Fernandez: It's not a question of trust. Mr. Garcia: It's not of trust. — Mr. Fernandez: Excuse me, it's not a question of trust, it's a question of expertise. When you, if you go to Wall Street or if you try to issue thirty million dollars bond and the only signature you see there is that of an assistant City Attorney and a City Attorney who don't have forty, fifty, sixty years of experience in the market doing these day in and day out for a variety J of other governmental entities, I can assure you that you will return back home empty handed. That is a reality of the market place and what we are - trying to do, is responsibly address the needs of the City from a legal perspective. We need to have these firms on board and we need to pay for _ these services. It's not that we, at the City Attorney's office, may not be in a position to competently handle it, or that it would be a question of paying, it's a question of what market reality in the area of bonds require. Mayor Suarez: OK. With the fee... as to the fen schedule and as to an individual case by case approval of extraordinary fees for bond opinions etc,* after the fact... do we have a motion and a second, I hope. Commissioner Plummer: Don't sell any bonds. Commissioner Alonso: You, I so move. = 1 T q 29 OY Mayor guarers So snowed. Commissioner Piumm6rs Second. Mayor Suarers Thank you. Any discussion? if not, please call the roll. The following resolution was introduced by Commissioner Alonso, who shoved its adoptions RESOLUTION NO. 90-521 A RESOLUTION WITH ATTACHMENT, APPROVING THE ATTACHED BOND COUNSEL SLIDING SCALE FEE SCHEDULE FOR LAW FIRMS SERVING AS PRIMARY BOND COUNSEL TO THE CITY FOR A PERIOD OF TWO (2) YEARS FROM THE EFFECTIVE DATE THEREOF AND WHERE BOND COUNSEL IS REQUESTED TO PERFORM SERVICES NOT DIRECTLY RELATED TO NEW BOND ISSUES, COMPENSATION WILL BE DETERMINED BY THE CITY ATTORNEY, OR DESIGNEE, AND THE CITY FINANCE DIRECTOR, OR DESIGNEE, ON A CASE BY CASE BASIS, SUBJECT TO CITY ATTORNEY APPROVAL; FURTHER, AUTHORIZING AN ADDITIONAL FEE NOT TO EXCEED 10% OF SAID FEE SCHEDULE WHERE A PARTICULAR BOND ISSUE IS DETERMINED BY THE CITY COMMISSION TO BE ESPECIALLY COMPLEX AND INVOLVED AND UPON THE POSITIVE RECOMMENDATION OF THE CITY ATTORNEY AND THE FINANCE DIRECTOR OR THEIR DESIGNEES. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 10. AUTHORIZE FUNDING OF OPERATING EXPENSES FOR TWO METRO DADE COUNTY AIR RESCUE HELICOPTERS FOR THE BALANCE OF CALENDAR 1990. Commissioner Plummer: Mr. Mayor, may I drop, if I can. We have a lot of people here that I would like to get back. They are on an afternoon item, it's non -controversial I'm sure unless it's through this Commission, and I'm sure it's not going to be. Vice Mayor Dawkins: Move it. Commissioner Plummer: Item 38. Mayor Suarez; You're talking about thirty-eight. Commissioner Plummer: Yes. Mayor Suarez: Yes. We have a lot of, I was just checking on that. We have a lot of officers and fire fighters here on that item. Is there any problem with it, Mr. Manager, you recommending it? Mr. Adios Yes, Mayor. Mayor Suarez: OK. It's been moved? 30 JOY 12:499.0 y KR U f G q�}jam R � r- R Commissioner Plummer: Yes: Mayor Suarez: And seconded? Vice Mayor Dawkins: Why. OK. tender discussion. Mayor Suarez: Vice Mayor. Vice Mayor Dawkins: Why are you limiting to 275 hours? How did you arrive at x— that magical figure? Commissioner Plummer: I asked for that so we would have the chance to reevaluate the, program at the end of the year to see whether or not it's been beneficial to us. -.4 Vice Mayor Dawkins: But I'm saying. OK. But, then how do we know that 215 hours is enough, that's what I'm asking, J.L.? Commissioner Plummer: Well, we know that will take us through that particular time frame in the monies that we can afford. Mr. Fernandez: Excuse me, Commissioner Dawkins, Vice Mayor Dawkins. As a matter of point of reference or information, really it was recomputered and it's 284 hours in terms of making the dollars and the hours. Vice Mayor Dawkins: OK. J.L. you're nine hours short. Commissioner Plummer: I'm sorry, I'm a liar for nine hours. hours a liar. Vice Mayor Dawkins: Now, how do we know that that's enough instead of three hundred hours? Commissioner Plummer: Well, it's because we are doing what we can afford. Vice Mayor Dawkins: Oh, so then, when we get the 274 if there is an emergency and we need it, then the helicopters stay grounded because we can't afford it. Commissioner Plummer: No, sir. I'll be back before this Commission. Right before the emergency. Vice Mayor Dawkins: You got a crystal ball? Mayor Suarez: All right. As to... Vice Mayor Dawkins: OK. Then what I would like to, I would like to adjust this and say, a minimum of 284 hours. Commissioner Plummer: I can accept that. Vice Mayor Dawkinss OK. Like I said, J.L., I don't want you to have to come back here if we need ten more hours. Commissioner Plummer: OK. Call the roll in a hurry. Mayor Suarez: OK. With that additional proviso that shows that we have , flexibility on a maximum number of hours, we have a motion and a second. Any discussion? If not, please call the roll. yaf 31 `k July 120199 �r` t t �, r:77M tY The following resolution was introduced by Cotmiseioner Dawkins, 1V'he Moved its adoption: ' RESOLUTION NO, 90-522` A RESOLUTION AUTHORIZING THE FUNDING OF OPERATING: EXPENSES FOR TWO METRO DATE COUNTY AIR RESCUE HELICOPTERS AND ALLOCATING FUNDS THEREFOR, IN THE _ L_ AMOt T OF $140/HR., NOT TO EXCEED 284 HOURS, FOR THE r: BALANCE OF CALENDAR YEAR 1990, AND $5,000 FOR PLIGHT F EQUIPMENT, FOR A TOTAL AMOUNT NOT TO EXCEED FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE.- (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) _ Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following votes AYES s Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOESs None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Mr. Mayor, may I have the opportunity please to ask Lt. Bob Apte of the Miami Police Department to make us aware of all of these gentlemen that are here that are participating in this program which... Mayor Suarez: And ladies. Commissioner Plummer: ... their claim is, and I'm sure it is true that they saved over 300 lives last year and will do more in the future. Mayor Suarez: Lady or ladies, I guess. Mr. Bob Apte: Just the ladies and gentlemen from the Metro Dade Air Rescue program, please stand up. Lt. Apte from the Miami Police Department and be recognized. Thank you, Mr. Mayor and Commissioners. Mayor Suarez: Wish all our presentations were as brief as you, Lieutenant, and not controversial. All right. Thank you, officers and fire fighters. 11. APPROVE IMPLEMENTATION OF PLAN TO INLAY PLAQUES ALONG S.W. 8 STREET FROM S.W. 12 TO 17 AVENUES TO HONOR INTERNATIONAL ARTISTS, SPORTS FIGURES AND OUTSTANDING INDIVIDUALS OF THE LATIN COMMUNITY. Mr. Odio: Mr. Mayor. Mayor Suarez: Yes. Mr. Odio: CA-35 was inadvertently pulled out of the consent agenda. Mayor Suarez: OK. CA-35 is what, Mr. Manager, we can act on it? Mr. Odio: It's approving implementation of a proposed plan to inlay plaques along SW 8th Street from SW 12th Avenue to SW 17th Avenue to honor international artists, sports figures, and outstanding individuals of the Latin community. On July 27th of 189, you approved this concept in inlaying plaques in principle and we are bringing it back for formalization. 52 ,iuly 12f1990 Mayor Muarea: btu. I'll entertain a motion on CA-35 as recommonded by the Manager, presumably public storks. Mr. Odio: We have to put in the record. Mr, Varnandsst tea. We need also to put on the record that it should subject to all of the administrative Conditions and City Attorney's approval. Mayor Suarez: Yes. �w Mr. Fernandez: We need to look at the issue of risk, we need to you know, and , maintenance, all those issues need to be covered. ,' Mr. Jim Kay: That's correct. Mayor Suarez: Yes. Commissioner Plummer: And another thing. This Commission at all times will have final approval as to who goes in those squares. Mr. Fernandez: No. That's not the way that it's presented in front of you. Commissioner Plummer: Then I'm not for it. This City Commission will put... what happens, God forbid, that you get something controversial, a star that's controversial and it comes back to this Commission? Commissioner De Yurre: Well, let me ask this. What do we... isn't there another group that are putting starts on 8th Street already? Commissioner Plummer: Victor, you're going to have a fight among who is going to designate what and... Commissioner De Yurre: But aren't there two groups that we're looking at? Mr. Odio: No. This is the one. Commissioner De Yurre: This is the same one? Mr. Odio: Yes. Commissioner Plummer: I have no problem with this group. I am merely stating that if you want my vote, it's got to be that this City Commission will be the final approval of any name star that goes down. Mr. Fernandez: That is not the way that... Commissioner Plummer: Well, change it. Mr. Fernandez: Well, we cannot force them to change it. Then you'll have to wait and have them come back to you at a later time with that change in their document. Mr. Jim Kay: May I say... I think Mr. Soto who is president at Latin Stars would like to speak to that, in agreement... He doesn't have a problem with it. Commissioner Plummer: will move it. Why would he? OK. With that as part of the motion, I Mayor Suarez: OK. With that proviso, additional clarification, it's moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roil. � n The tollawing resolution was introduced by Commissioner P1ufther, who merged its adoption: :> x RESOLUTION NO. 90-523 A RESOLUTION WITH ATTACHMENT, APPROVING IM11LBM MTATIOU OF A PROPOSED PLAN, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO INLAY PLAOMS ALONG A PORTION OF SOUTHWEST 8TH STREET BETWEEN SOUTHWEST 12 AVENUE TO SOUTHWEST 17 AVENUE TO HONOR INTERNATIONAL ARTISTS, SPORTS FIGURES, AND OUTSTANDING INDIVIDUALS OF THE LATIN COMMUNITY, SUBJECT TO COMPLIANCE WITH ALL CITY", COUNTY AND STATE REGULATIONS; FURTHER REQUIRING THAT ALL "LATIN STARS" NOMINEES BE APPROVED BY THE CITY COMMISSION PRIOR TO THIS ISSUANCE OF PERMITS BY THE CITY. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12. BRIEF DISCUSSION ON PROPOSED SECOND READING ORDINANCE CREATING A PERMANENT STREET CODESIGNATION REVIEW COMMITTEE. (See Label 21) Commissioner Plummer: Now, can I ask a question, Mr. Mayor? Mayor Suarez: Yes. Commissioner Plummer: Mr. Manager, some of the people came to see me the other day, I'm sure as they did others. On this memorial committee which we are establishing for street designation primarily and other areas, they showed me that we are charging a $1,400 fee just for the hearing? Mr. Jim Kay: A one thousand one hundred fee. Commissioner Plummer: How do you justify that? I know we've insisted that they've got to pay the cost of any involvement as far as signs, in placing and g taking them down, but how we justify a fee of $1,100 just for a hearing? Mr. Kay: The advertisement in the newspaper is $400.00 Mr. Odio: It's a public hearing today on this issue, so why don't we wait until then? There are people here that... Commissioner Plummer: Are you telling me in all candor that it cost the City $1,100 to do that? Mr. Kay: For the add, for the sign, for any administrative fees. It's right at $1,100 for one block. Commissioner Plummer: It's a lot of.. I want to tell you. OK. If you're telling me if you can justify that that's what it costs, then I've got to spay, OK. Just seems awful high to me, Thank you, Mr. Mayor. Mayor Suarea: OK. ¢ k 1 �3 �Tb Viva Mayor Dains: Mr. Mayor, if the people are here have special privilege to brim twobty-nine I think because the have some g y people here Who need to get beck to work. ,u P4kkr, Mayor guarers On item 291 let them step forward. Vibe Mayor Dawkinas 2s the other,.. the people from... Mr. Gary Siplins Commissioner, I don't think they are hate just yet, but they're on their way. Vice Mayor Dawkins: All right. We'll wait for them. Thank you. Mayor Suarez: All right. We'll try to get to that at home point. Vice Mayor Dawkins: Thank you, Mr. Mayor. Mayor Suarez: Very good. - -- --- - ------------- -------------- ----------- ----- 13. DISCUSS PROPOSED CITY CODE AMENDMENT TO ALLOW FUEL TRUCKS TO DELIVER FUEL ON CITY -OWNED PROPERTY. --------------------------- Mayor Suarez: Item 5. This was a deferral continuance, wasn't it, Chief? Mr. Fernandez: Yes. See, you have instructed the City Attorney's office and the administration to get together and to look at this issue and we have done that. We have met with the Fire Department and other departments in the City and we have began to address the problem. We also need concurrence with, or we need to know what DERM, EPA and other agencies, local and state agencies may have to say about this, and we are proceeding full speed ahead in researching this area and preparing an ordinance for your consideration. Hopefully, we will have something before you for the July 26th. Commissioner Plummer: Aren't you doing, isn't your business doing just that now and has been? Mr. Rob O'Neil: Pardon me? It's exclusive business of dockside fueling service for... I mean, we... Commissioner Plummer: It's been going on for years, why is it got to be suddenly researched? I mean obviously, if there was any objection by any of these agencies, they would of objected and he would not be in business today. Why all this research? Mr. Fernandez: We're looking at the issue of liability which was the issue that you most specifically asked us to address. Commissioner Plummer: Of course. Mr. Fernandez: If we allow them into our property on our docks and our marinas, then we have to be able to transfer whatever risks of liability effectively we may have to them. This is an area that we're looking at. We haven't had this before. And also, your departments of police and fire who would be in a position to monitor or come out and put out any fires and we understand that in the past there have been incidents of motor vessels catching on fire in the process of fueling and the like. We would like their input into our drafting of an ordinance for your consideration so that when it comes to you, it comes fully studied. Commissioner Plummer: What's the police p got to do with it? Mr. Fernandez: Mostly, Fire Department. Commissioner Plummer: Mostly, what does the police have to do? Mr. Fernandez: Nothing, s 35 July 1 " ,ta i� Y 5 r �SH.' m - in �4- Comissioner Plummer: Think you. You understand... f Fernandea% Other than of coarse, you know the police has a motor vessel patrol and they would be suing them in hot pursuit and speed chase if anything �. were to happen. k z Commissioner Plummer% Oh yes, of course. You realize that this is a - potential source of revenue to this City?' Mr. Fernandez% Yes. R Commissioner Plummer% You realize that this City needs money? If you were in the private sector, you would starve to death. So where are we? `- s. s . Mayor Suarez% Do you need a motion from us at this point? Commissioner Plummer: To do what, to defer? - Mr. Fernandez: No. You've asked us to report to you. Two weeks ago this item came up for the first time. Mayor Suarez: We are reported then. Mr. Fernandez. That's it. r. Mayor Suarez: We need to do nothing else on it at this point? F. Mr. Fernandez: No. You don't. Mayor Suarez: Thank you. Item 6. Commissioner Plummer: See you in two weeks. 14. EMERGENCY ORDINANCE: AMEND 10642 - DECREASE TOTAL APPROPRIATIONS TO CAPITAL PROJECT (353010): SOLID WASTE COLLECTION EQUIPMENT - FY190-91 - THROUGH FUNDS AVAILABLE FROM PROCEEDS OF CERTIFICATES OF PARTICIPATION NOTES. _��--------------- --------------------------------------------------------- Mayor Suarez: Emergency ordinance, Capital Improvement Appropriations. Vice Mayor Dawkins: Move it. T. Mayor Suarez: Moved, Vice Mayor. Seconded, Commissioner De Yurre. Any discussion? If not, please read... THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. j _. Commissioner Plummer: Justify the emergency. Mr. Odio: It's been presented to you on an emergency basis in order to adhere to the adopted replacement scale as outlined in resolution 89-794. Commissioner Plummer: Damn poor excuse. C` — Commissioner Alonso: I have some questions. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: I'm a little bit confused and I'd like some clarification. It comes from Solid Waste Collection. The money will be moved on an emergency basis to buy twenty-seven motorcycles for the police department, right? Mr. Odioe Yes. Commissioner Alonso: And light equipment. And then the... could you explain . to sae the process, because 6, 7 and 8 are together and I'm confused in, they V4 the monies move from one to the other. Could you give me some... G} � 1 Fel"' E ,. t Mr. Odin: This is certificate or participation notes that we sold a long time ago and they were allocated at one time in Solid Waste and nos we have an excess there that we tan use for, to buy motorcycles. They were the issue of the notes were to, for the purpose of buying equipment, period. Commissioner Alonso: Solid Waste department will not be in need of using this money for their own equipments? Mr. Ron Williams: Not this particular money, Commissioner. You sill notice as part of item 8 which is a companion item, the items that are necessary for the Solid Waste department of being purchased and we are recommending it here) as part of the entire package so that you could see the full flow. Commissioner Alonso: So, Solid Waste will not be affected as a result of that. We will later on hear that they are in need of equipment that they cannot acquire because this money has been used for some other purposes. Mr. Williams: You will not hear that but let me just give you the full story, Commissioner. As part of the overall replacement program, all equipment is considered. Be it light equipment, heavy equipment for use in Solid Waste department and other City departments. And we have to review that on an ongoing basis and make determinations based on the funding as to where those needs are addressed. Obviously, over the years, we will come back to you on an ongoing basis and make recommendations to purchase Solid Waste equipment as well as other equipment for use by other departments but at this point, the dollars that are there, or consistent with the replacement policy for motorcycles. Commissioner Alonso: Thank you. Mayor Suarez: OK. Any thing further? If not, we have a motion and a second? Ms. Matty Hirai: We do, Mr. Mayor. Commissioner Plummer: I think Commission Dawkins moved it, I'll second. Mayor Suarez: The ordinance have been read? Mr. Fernandez: It has been read. Number 6? Mayor Suarez: Yes. Ms. Matty Hirai: We need to call the roll. Mayor Suarez: Have you stated the emergency? Commissioner Plummer: Yes. Mayor Suarez: Call the roll, then. =.p AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10642, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, BY DECREASING THE TOTAL APPROPRIATIONS TO THE CAPITAL PROJECT ENTITLED "SOLID WASTE COLLECTION EQUIPMENT - FY 190-9110 PROJECT N0, 353010, IN THE AMOUNT OF $1959445.00, SAID DECREASE BRING MADE IN FUNDS AVAILABLE FROM PROCEEDS OF CERTIFICATE OF PARTICIPATION NOTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Vice Mayor Dawkins and Yurre, for adoption as an emergency measure requirement of reading same on two separate days, following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner De and dispensing with the which was agreed to by the Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10757. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 15. EMERGENCY ORDINANCE: AMEND 10648 - INCREASE APPROPRIATION FOR GENERAL SERVICES ADMINISTRATION: FLEET MAINTENANCE DIVISION - FROM CERTIFICATES OF PARTICIPATION NOTES - TO PURCHASE CITY VEHICLES. Mayor Suarez: Item 7, emergency ordinance. Commissioner Plummer: Move it. Mayor Suarez: GSA's Fleet Maintenance. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. 1k Vice Mayor Dawkins: Under discussion. What is the light fleet equipment? Under discussion. Light fleet equipment, what is that? Mr. Williams: Specifically pick-ups and utility vehicles. Vice Mayor Dawkins: What is a utility vehicle? 38 July 12#4990 Mr. Viiliams: to this coast a utility vehicle is considered a van. We are 41 proposing in item 8 some 5-10 Blazers that will be used as transp6rtatibft end utility in the field. Vice Mayor Dawkins Getting back to Commissioner Alonso's question. This li ht 01 t e ui n►entfi will not short change the sanitation department on g ee q p r Mr. Williams: No, it will not. This light fleet that we are proposing will be considered Citywide to meet the greatest need. Vice Mayor Dawkins: Thank you. No further questions. Mayor Suarez: OK. Call the roll on the item. Mr. Odio: The reason for the emergency is in order to adhere to the adopted replacement schedule as outlined in resolution 89-794. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 3 AND 5 OF ORDINANCE NO. 10648, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL SERVICES ADMINISTRATION: FLEET MAINTENANCE DIVISION, IN THE AMOUNT OF $287,284 FROM CERTIFICATE OF PARTICIPATION NOTES FOR THE PURPOSE OF PURCHASING CITY VEHICLES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOESs None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10758. 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. 39 July 121194A h iJWYiifYir.`1ifYr—iniYf+ii — Lairii— i..tKiYilr—ib.ii.----wi--------Y—�:w 16. ACCEPT RIDSs (a) HEINTZELMAN'S 'TRUCK y- FOR FURNISHING THREE CABS AND CHASSIS TO MOUNT CRANES AND TWELVE 32-YARD RUBBISH DUMP TRUCKS; (b) PALMETTO TRUCK CENTER - FOR FURNISHING ONE TEN -YARD DUMP TRUCK AND ls'IVE CAB AND CHASSIS FOR 25-YARD PACKERS; (c) NEFF MACHINERY FOR FURNISHING 3 WARRIOR CRANES; (d) CEDARVILLE MANUFACTURING - FOR FURNISHING FOUR. DEVAULT CRANES; AND (a) METRO -TECH - FOR FURNISHING FIVE 25-YARD PACKMASTERS - TO GSA DEPARTMENT / SOLID WASTE, CRANE AND RUBBISH OPERATIONS = AUTHORIZE SURCHARGE OF TWO PICK-UP TRUCKS AND SEVEN BLAZERS FROM MAROONS CHEVROLET. Mayor Suarers Item 8, accepting the various bids for the provision of the equipment indicated. I'll entertain a motion on item 8. Commissioner Plummer: Move it. Mayor Suarers Moved. Seconded. Any discussion? If not, please... Vice Mayor Dawkins: Under discussion. Mayor Suarez: Yes, Vice Mayor. Vice Mayor Dawkins: Mr. Williams, put in the record please that you attempted to contact every automobile dealer in the City of Miami and none responded, and you also went to get as much of this stuff from Dade County as you could and you had to go outside of the County in order to get it. Put that in the record, please. Mr. Williams: I most certainly will, Vice Mayor. We even went further than that, we sent certified bid packages to potential vendors within our community, meaning City of Miami and the County and we were unsuccessful in receiving proposals to purchase this equipment. Vice Mayor Dawkins: Did you call any of them to ask why they refused to participate in the bid? Mr. Williams: We most certainly did. We followed up with them and some of the concern was profit margin as compared to the amount of effort involved, the sales manager is no longer here, etc. Vice Mayor Dawkins: OK. How could a company in Orlando sell us equipment in Miami and make a greater prof it margin? And he has to ship it here than the guy here in this County. I don't understand, I mean, explain to me how? Mr. Williams: The answer is volume, Vice Mayor. You will find these companies in central Florida area and in this case we are talking about a company in Hollywood who actively pursue statewide business. The will find themselves winning through their efforts, statewide contracts and they are able to provide equipment not only to the State of Florida but to those municipalities that are either not interested in pursuing their own bids or too small to have the complicated process. So, these vendors will make money because they will deal in pure volume. Vice Mayor Dawkins: OK. I'm going to put it in the record again. These vendors do not pay City of Miami occupational tax, they do not hire City of Miami residents, therefore City of Miami residents do not make any money to feed and to buy food in the City of Miami grocery stores but yet the people in the City of Miami pay the taxes with which you use to purchase this equipment. Nor do these people outside hire mechanics to work on these cars, now somewhere along the lines we have got to decide how we can keep people in the City of Miami in business so that they can keep paying taxes so that we can keep operating, or we need to fold up. No further discussion, Mr. Mayor. Mayor Suarez: OK. Mr. Williams: Mr. Mayor, I would like to enter into the record the fact that this morning I was provided with a protest with respect to the purchase of the five garbage packers. The protest at this point, appears to be without merit And untimely but I would like to make aura that the record reflects that we did receive that this morning. 40 J141y 12.,1990 rr y Mayor Suarez: And you might want to have the written protest be part of the record. They are not here to make any presentation, 1 gather. All right, to we have a motion and a second on the item,* do we Madam. City Clerk? Ms. Matty Hiram 'feat Mayor. Mayor Suarez: Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoptions RESOLUTION NO. 90-524 A RESOLUTION ACCEPTING THE BIDS OF HEINTZELMAN'S TRUCK IN THE AMOUNT OF $511,065.00 TO FURNISH THREE (3) CABS _ AND CHASSIS TO MOUNT CRANES AND TWELVE (12) 32 YEAR _ RUBBISH DUMP TRUCKS, PALMETTO TRUCK CENTER IN THE AMOUNT OF $241,800.00 TO FURNISH ONE (1) TEN YARD DUMP TRUCK AND FIVE (5) CAB 7 CHASSIS FOR 25 YARD PACKERS, NEFF MACHINERY IN THE AMOUNT OF $320,700.00 TO FURNISH THREE (3) WARRIOR CRANES, CEDARVILLE MEG. IN THE AMOUNT OF $353,000.00 TO FURNISH FOUR (4) DEVAULT CRANES, AND METRO -TECH IN THE AMOUNT OF $132,950.00 TO FURNISH FIVE (5) 25 YARD PACKMASTERS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO BE USED BY THE DEPARTMENT OF SOLID WASTE, CRANE AND RUBBISH OPERATIONS; FURTHER AUTHORIZING THE PURCHASE OF TWO (2) 1/2 TON PICK-UP TRUCKS AND SEVEN (7) CHEVROLET S10 BLAZERS FROM MAROONE CHEVROLET IN THE AMOUNT OF $106,785.00 UNDER CURRENT DADE COUNTY BIDS #1685 & 1708-OEC -CW, FOR A TOTAL AMOUNT NOT TO EXCEED $1,665,300.00 AND WITH FUNDS THEREFOR ALLOCATED FROM _ CAPITAL IMPROVEMENT PROJECT NO. 353010, ACCOUNT CODE NO. 329402-840 ($1,058,515.00), PROJECT NO. 353005, ACCOUNT CODE NO. 329402-840 ($500,000.00) AND PROJECT _ NO. 509000, ACCOUNT CODE NO. 420901-840 ($106,785.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre _ Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Williams: Do we need a second roll call? Mayor Suarez: On eight? No. Mr. Fernandez: No, not for eight. i =r. Y - 41 July 12,1990 a Ii.O.aw'+I.i.i.►�.7rii.w iriWi...iiara3.wwi.irG:r:L.r.rYYir.r�ir.rr.'Lw+...+ar.Y.�w.-r�rs—r�Jrr—rrr.rrW �.iwilrrwYwartiiiiYwYtlYiBYiiifia 17. EMERGENCY ORDINANCES AUTHORIZE MANAGER TO SEEK APPROVAL FROM DADR COUNTY COMMISSION FOR USE OF REDEVELOPMENT TRUST FUNDS, APPROPRIATING $490,793 FROM SOUTHEAST OVSRTONN / PARK WEST REDEVELOPMENT TRUST FUND TO MAKE INTBREST PAYMENT ON A U.S. HUD SECTION 108 LOAN - FOR PHASE I LAND ACQUISITION. w—r--r-------- ------ --------w--------------irrrrrrw—rr ----iwwY�ibiL.iY.riYwr—iwrr Mayor Suarez: item 9, emergency ordinance. Authorizing City Manager to seek approval from Dade County Commission for the use of redevelopment trust funds, Southeast Overtown/Park West. Is that in accordance with the inter -local agreement? Mr. Fernandes: Yes. Mr. Mayor, we are passing out a new legislative item on this because after we reviewed and reread the title of the one that was in your packet, it didn't read correctly. So, it's really just manicuring and making sure that the language reads properly and correctly. Mr. Odio: And also, let me place on the record the reason for the emergency is that we have to make an interest payment of $490,793 which is due on the Section 108 Federal Loan on August let of 1990. And it is a required part of the Promissory Note Obligations. Vice Mayor Dawkins: Is this the same item that we've been trying to get Joe Gersten to pass and put on the agenda at the County since February? Mr. Herb Bailey: We had this item of course, they have not put it on the agenda. Vice Mayor Dawkins: OK. Mr. Mayor and fellow Commissioners, this item has been in Joe Gersten's committee since February. For some reason, the chairman of the finance committee has decided that he will not hear it. I have personally written a letter to Mayor Clark and asked Mayor Clark if I can be heard by the full Commission at their next Commission meeting to come before them and let them hear it without it going to the committee. Because it does not make sense for a fellow Commissioner to hold the City of Miami hostage from February until now, and I'd like for the records to reflect that I'm very upset that the County would allow a Commissioner to do this to the City of Miami. Mr. Odio: Mr. Commissioner, they are also holding hostage the inter -local agreement with the Omni district. Vice Mayor Dawkins: Well, you need to give me both of them and let me go before the Commission... Mr. Odio: And I know the reason. Vice Mayor Dawkins: ... and I hope when I go, I'm speaking for this Commission that we... I don't want that and we don't like it. Mr. Odio: I know the reason. I received a copy of a memo that the manager of the County sent to the Commissioners in where they are holding hostage inter - local agreement there, because they now want to say, if we approve this, but it has to be used only for the Performing Arts Center. And that's why they have been holding this up. Vice Mayor Dawkins: I'm glad you put that in the record, air. Mayor Suarez: Certainly, I will join you in that Mr. Vice Mayor, the di scui s with Commissioner Gersten had been long extended over the last ss on year and a half to make sure that this comes out of his finance committee. As to the Omni development district, I didn't know that there was any hold up as to Southeast Overtown/Park West, but... Mr. Bailey: It's getting to be very crucial at this point. Mayor Suarets and you know, God help them if we don't get this done very quickly and I would... 42 July 1 R # l9.90 �x Co�nisaioner f+lutnmer: I nominate Commieaioner Miller Dawkins to be a . t cottmittee of one to handle all request from the County relating to the City. Mayor Suarez: And you may use whatever emphasis comes with that appointment, �� Mr. Mice Mayor, and otherwise comes naturally to you in your presentations but, we are... we have joined you in that effort... I've trade so many phone cabs, Y don't know what else to do on it. So, if you want to take the approach..+�f attending Commission meeting, Dade County Commission meeting, that may just do the trick. All right? Vice Mayor Dawkins: Thank you. Mayor Suarez: Do we have the item before us to vote on? Do we have a motion and a second? Ms. Matty Hirais No, sir. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Plummer: Second. z Mayor Suarez: Seconded. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED- a AN EMERGENCY ORDINANCE APPROPRIATING $490,793 TO THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND FROM AVAILABLE TAX INCREMENT REVENUES FOR THE PURPOSE OF MAKING AN INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN FOR PHASE I LAND ACQUISITION. Was introduced by Vice Mayor Dawkins and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing withthe requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10759. .r 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 AFTER ROLL CALL: Vice Mayor Dawkins: Mr. Mayor, Mr. Manager, may I have a copy of that mono that you were speaking of, please? r- 43 Jul i,a ti of { J, Mt. Odio3 Y*s, sir, right now, Vice Mayor Davkihs s Thank you. '; � r�ri..i.:i.i+.�a.i.mar.i.isyacr:s.rrwnou.r.:.t'ri:Ji'�af��.�.w�a+:u.r8.iri...r"�.�.�.�urr...a�.arJr:.rrW.�...al....�resacwi�iY.ara.ww.iar '.:•.: , IS. AUTHOA122 MANAGER TO SEEK APPROVAL FROM DADE COUNTY COMMISSION rft U81t OF REDEVELOPMENT TRUST FUNDS - APPROVE EXPENDITURE Or $490,193 P'RC1m SOUTHEAST OVERTOWN / PARK VEST REDEVELOPMENT TRUST FUND TO MARE INTIMST PAYMENT ON U.S. HUD SECTION 108 LOAN - FOR PHASE I LAND ACQUISITION. 4 .. _....�.......—�.—.._....�.�--------------------------- ----- ---------- .....------- —.W.�.�.,..� . . Commissioner Plummer: Ten is the same? Mr. Bailey: Ten is a companion item for which we take to the County for their approval. Commissioner Plummer: Move it. Mayor Suarez: I entertain a motion. Moved and Seconded. Commissioner Alonso, Vice Mayor. Call the roil. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-525 A ABSOLUTION AUTHORIZING THE CITY MANAGER TO SEEK APPROVAL FROM THE DADE COUNTY COMMISSION FOR USE OF REDEVELOPMENT TRUST FUNDS; FURTHER APPROVING AN EXPENDITURE IN THE AMOUNT OF $490,793 FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND FOR THE PURPOSE OF MAKING IN INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN FOR PHASE I LAND ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Mr. Manager, please do got enough problems with him without a going to hit him, hit him hard, I guess. Mr. Odio: I missed. Mayor Suarez: Go for the glasses. not hit the Miami Herald reporter, we r. battery action against you. If you're It's really what I was thinking. qs "� q a------------riw 19, (A) EMERGENCY ORDINANCE: ESTABLISH FOUR NEW SPECIAL REVENUE F'CJt st (a) JTPA TITLE I / OLDER WORKER (FY'91); (b) JTPA TITLE IIA / NEIGHBORHOODS JOBS PROGRAM (FY191), (c) JTPA TITLE III DISLOCATED WORKERS (FY191)t AND (d) OFFICE OF INTERGOVERNMENTAL LIAISON (FY'91) - APPROPRIATE FUNDS FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS - AUTHORIZE MANAGER TO ACCEPT AWARDS AND ENTER INTO NECESSARY AGREEMENTS WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (B) BRIEF DISCUSSION CONCERNING PRIVATE INDUSTRY COUNCIL (PIC). .--...---------- -------------------------------------------------------..--- Mayor Suarez: Item 11. Special revenue... Commissioner Plummer: Mr. Mayor, this is part of that thing that I brought to you this morning. I am very concerned of what is happening with the PIC (Private Industry Council.). I think that there is some serious, serious overtones to what is going on. Keeping in mind that any money that this City receives is subject to a pay back and I am extremely concerned for this City as well as the County overall. I'm scared to move on any of this, Frank, until you can give us a definite determination of what is going on because I think the PIC is in serious trouble. Mr. Castaneda: Commissioner, let me tell you, you know, what we have been doing. I think part of the problem is that the whole direction of the department of labor is changed. Before it was basically finding jobs to anybody you want and now the department of labor is basically saying, look, you know, we really want you to hit the underclass, the distress people, the ex -offenders and so forth, and a lot of programs are .having problems. This year.. . Commissioner Plummer: No, they are having more than problems, they are not meeting their quotas. Mr. Castaneda: Yes. This... Commissioner Plummer: They can't find so-called underprivileged people. Mr. Castaneda: No, I think the issue is that you can find them, the issue is, getting them to work. Commissioner Plummer: OK, all right. Mr. Castaneda: But that's the issue. Mr. Odio: I'll take them under the bridge over there and... Commissioner Plummer: No, but you see that's the problem, you can't take them under the bridge and clean up this City. Remember when Commissioner Dawkins and I tried to get it to where we could get it to clean up the City and we couldn't? Mr. Castaneda: It is a very difficult group to deal with but I think that the ;ft City of Miami has to try to deal with that issue. Vice Mayor Dawkins: Why? Mr. Castaneda: One of the things that we are doing is, we have asked both the law department and Private Industry Council to look at the option of breaking away from PIC and developing our own PIC. Vice Mayor Dawkins: That's what J.L. is saying. _ Mr. Castaneda: You know, that's where we're looking at and probably our recommendation will be to head in that direction. Vice Mayor Dawkins: Last year, Mr. Castaneda, how many dollars were questioned as, I don't know what kind of expenditure, illegal expenditures? 45 July 12, 199.0 --•s�.rr l--_ _— _—_ _ vu `..XC:;; i 3 tP k;x hT 4"t { d 'yr, JY"i{i'?4'r' i iYix f S+CS �s M . Castanedat We did not have fifty illegal expenditures. You kftdwi the �- County had a lot of problems ift their program but compared to ours; we did not l Vito Mayor Dawkinst Ott. Everybody who we took in under their guidelines, #06 placed them on jobs and Chet their guidelines. Mr. Castattedat 'That's correct, yes. We did not have any audit problems-withi in this particular year. Vice Mayor Dawkinst Ott, no problem. t Mayor Suarezt What are the implications of submitting to the guidelines as Commissioner Plummer is expressing the concern that if you don't use the �j. monies you may have to pay them back? Mr. Castaneda: Oh no, yes. It is, as I was explaining to the Manager, it is a contract that you paid for performance. You know, we get paid "X" dollars for each person that we place. If we are unable to place that... Mayor Suarez: That's under the present system or?... Mr. Castaneda: The present system. vx Commissioner Plummer: Yes. Mr, Castaneda: The problem that everybody is having is that the are sa in P Y Y 6 y y 6, E well, you've been placing fairly normal people, we want you to really hit you - know... Commissioner Plummer: And then they ask for the money back. Mr. Castanedat ... the persons that are really downtrodden in society, that's the persons that we want you to place. And obviously, it's a lot harder and so forth. You know, I think that we have the staff... Vice Mayor Dawkins: OK. So what you're saying is that we have been successful because we have been selective in our accepting. Mr. Castaneda: That's exactly the charge that has been made by the department of labor... Vice Mayor Dawkins: OK, no problem. Now I understand. Mr. Castaneda: ... that we've been creaming, you know, and I'm not talking about the City of Miami. I'm talking about the national program that they've kr been creaming you know, the top of the underclass, and basically, and it makes a lot of sense from a part you know, of government policy... Mayor Suarez: Well, be careful, if you don't mean the City of Miami when you say we. We understand we to be the City of Miami. You're saying this is a national dispute... Mr. Castanedat This is a national type of issue. Mayor Suarez: ... taking place between the Congress and the administrative agency... k Mr. Castaneda: Correct. Mayor Suarez: ... and the PIC administrators throughout the country. Vice Mayor Dawkins: OK, thank you, Mr... that's clear. Mr. Castaneda: Right, that's correct. And they're saying that you know*! you have to serve lower and lower, .and that policy is obviously making it a, lot more difficult to place, because you're dealing with people that have More problems and need more training and so forth. Commtissioner Plummer: Well, it goes further than that, Mr. Mayor. toot ate give you a prime example of one case that I know of. OK? They place .thssA . r people In 'a givaa company, their so called monitors who go erouad, aer�txto t � p 46 { M t this company and found that the company did not have fire extinguishers, so these peopla were then all disallowed. And that comes back and you've got to reimburse that money. The rules and regulations are so stringent that they are almost telling you that you can't succeed. Mr. Odio: Who wants to loge his money when we can... Commissioner Plummer: But you don't want to be on the book to havo to pay it back. That's the area that I'm concerned about. Mr. Odio: We haven't had to pay it back yet. Commissioner Piummers Yes, you did. You had in two... Vice Mayor Dawkins: But if we have to pay it back, where will you get it from? See, let's be realistic. We are broke, OK? Mr. Odio: I know, but we haven't... Vice Mayor Dawkins: ... And now you're talking about, if we get a half a million dollars and it's disallowed, where will you get the money from, Mr. Manager? Mr. Odic: No. I wouldn't have any money in General Fund but the record shows that we have never paid back. Vice Mayor Dawkins: Yes, but you see, the money... OK. For the sake of discussion, let's take $200,000. We get $200,000. The $200,000 is paid to the applicant, for the lack of a better word. Mr. Odic: Yes. Vice Mayor Dawkins: Now, it's disallowed. You're going to get the money back from him, or where will you get the money from to reimbursement the government? Mr. Odio: No, we would be responsible. The fact is, we would be responsible. Commissioner Plummer: Yes, he'll cry. Mr. Odic: But, the point is, that we need job program and there are risks that we have to take and it's worth the risk because of what... Vice Mayor Dawkins: And the reason we need it is, you laid off all the garbage people and the people at the Parks and Recreations, that's why we need it. No problem. Mr. Odic: That's not true. Mayor Suarez: Is there any sense or do you have any suggestion how we approach this particular allocation of funds and then begin the process of reforming the system, either by applying ourselves directly to be the PIC recipient, or what? I mean, get us out of this quandary. You guys are particularly good at raising problems and concerns but you're not solving them. Please give us a suggestion so we can get this... Mr. Castaneda: We are recommending the acceptance of the money, we believe j that we have in staff people that can handle issue. Mayor Suarez: You want to do it under protest in some ways and offer a letter to Congress? How do you want to do it so that we would begin to change the system and possibly be in a position to administer the funds directly or subject to different constraints, or whatever? Mr. Castansda: I think that we are addressing the issue administratively. The only other step would be, taking over PIC directly and that's what we're studying. And that would bring significant more money to the City of Miami. Mr. Odic: We are studying that possibility right now. Commissioner Plummers Yes, and let me tell you, if we have our own program,, ,r t wo ma►ke the rules, they don't... r+ 47 July 12, tit* � Mt. Castaneda: Sure. Commissioner Plutmers ... and that's where the problem is corning. Mr. Odio: That's what we are working on now. Mr. Castaneda: Our estimate would be that we would get somewhere between six' million dollars if we operated our own PIC, which we could fund different agencies and run the whole thing from here. r Mayor Suarers Because we're already a sort of an informal employment agency, I think every Commissioner gets "X" number of job requests, so why not take the funding and the authority with the responsibility that people who have 4 imposed on us whether it's ours or not under our Charter, which is clearly R isn't. Mr. Odio: We're coming up in September with a recommendation on what... Mayor Suarers But we, at this point Mr. Manager... Mr. Odio: I recommend we do this now. Mayor Suarez: you're saying that we take these funds and that we approve the ordinance so that we can function for the, what is it, for a year, is that ;= what it is? a; Mr. Castaneda: It's for a year. Mr. Odio: For one year. But in the meantime, in September we plan to come back with... Mr. Castaneda: Right. We are reviewing the whole issue of becoming our own PIC. Mayor Suarez: And needless to say, if it passes, make absolutely sure that we follow and monitor the following of the criteria in question. We don't want to have to owe any money. .3 Mr. Odio: No. Mr. Castaneda: Oh, sure. 'a Vice Mayor Dawkins: And I'm going to say to you, Mr. Castaneda, make sure that you utilize every member of this Commission up here. Mr. Castaneda: OK. Vice Mayor Dawkins: Now, I went with you to Washington on another DOAL loan, I mean, grant. We sat down and figured out how we were going to get it, we thought sure we were going to get it then you and somebody else went and you'll did it a different way. I don't know yet why you didn't get the money or that you didn't get it. Mr. Castaneda: No, we did not get the money. Vice Mayor Dawkins: All I'm saying to you is, and I'm going to say to you again, make sure that as you apply for this money that each Commissioner up . here is aware of what you're doing, so that we will know how to fit into it,. Mr. Castaneda: OK. Thank you, Commissioner. Commissioner Plummer: Can I ask a question? You know, I think it's emphasized, Mr. Mayor, by this letter. have you seen this letter? ifere we are, a part of... Mr. Wally Lee writes a letter asking nine questions. Do we , have the answers? This was two months ago. Do we have the answers to the nine questions? Mr. Castaneda: Yes, Commissioner. Commissioner Plummer: But why do you give me the quest ioms without tbs►. Answers? a F ^1J 40 July 12,E Mr. wally l.ee: Well, we haven't formalized. I'll be more than glad to give you a report, Commfissionpt, on the answers we received. Commissioner Plummert Why give the half a piece of infortnati0n7 w'= 7� Mr. Lee: Because it4s all:.. it was the last meeting we had last weak when r; the budget was submitted and broken down the way we requested. Commissioner Plummer: I guess what I'm trying to say is, if you read the k questions here and realize that we, as part of it, don't know the answers before we have to ask, something is radically wrong. I'm very, very concerned. Mayor Suarez: I would take this... why does it have to be an emergency, why don't we take it on a first reading? Mr. Castaneda: Well, because we need the money to operate, Commissioner. One issue has nothing, you know, one issue has nothing to do with the other. I think the important issue, which all the Commissioners are very much interested in, is becoming our own PIC and getting away from all this whole issue. And the City of Miami to serve independently from the rest of the County, which we... that's what we are... f Mayor Suarezt All right then, you're saying that we ought to pass the emergency ordinance as an emergency. Let's try it. I entertain a motion on the emergency ordinance, item 11. You stated the reason of the emergency? Mr. Castaneda: pay staff. We need the operating funds so that we can pay stipends and Mayor Suarez: All right. I entertain a motion on number 11. Commissioner Alonso: I move. Mayor Suarez: Eleven has been moved. Do we have a second? Vice Mayor Dawkins: Second. Mayor Suarezt Seconded. Read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED- ;± AN EMERGENCY ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS ENTITLEDt "JTPA TITLE I/OLDER WORKER (FY'91)", "JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM (FY'91)11, 'JTPA TITLE III/DISLOCATED WORKERS (FY 191)" AND "OFFICE OF INTERGOVERNMENTAL LIAISON (FY'91)"; APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $108,750, $523,200, $142,800 AND $55,000 FROM U.S. DEPARTMENT ° OF LABOR GRANT AWARDS] AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY AGREEMENTS WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso an Dawkins, for adoption as an emergency measure requirement of reading same on two separate days, following vote: AYESt Commissioner Victor De Yurre Commissioner J, L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES done. ABSBIi'f: None. 49 ..y d seconded by Vice Mayor and dispensing with the which was agreed to by the 'F f^1 a'�w h�;'yl ya R aw 1 0 Aereupoft the Comntiesiofi on motion of Commissioner Alonso and ' by Vice Mayor Dawltifte, adopted said ordinance by the followitng Votat AYgS: Commissioner Victor be 1Curre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mica Mayor Miller Dawkins Mayor Xavier L. Suarez MOSS: None. dtecbttd+�d Y�- ABSENT: None. `r SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10760.� 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! AFTER ROLL CALL: Mayor Suarez: Now, Frank. You mentioned or Vice Mayor Dawkins rather, sY mentioned YOU (Youth Opportunities Unlimited) briefly. What happened on that ;t ? If I d t d ectl we had otten the lanninB monies the grant money un era oo corr y g e , the Vice Mayor had... r` Mr. Castaneda: Seventy-five thousand dollars to plan the thing. r; Mayor Suarez: Right. And then we were told that from that point forward, we - would be in fact recipients, it was just a matter of how much and in what years. And then, we get a letter... Mr. Castaneda: Saying... Mayor Suarez: ... no further explanation, saying that we're not going to be participants in the program. What happened? Mr. Castaneda: We never got an explanation as to why we were not selected. Basically, I can give you a list of the cities that were selected but we did not get any reason as to why we were not. Mayor Suarez: That's Youth Opportunities Unlimited. Mr. Castaneda: That's correct. Mayor Suarez: I was told by them and by you that we were basically one of the 4 cities. Ms. Francena Brooks: Our only understanding is that the monies were so highly u competitive that the cities that got it, were, it was felt they were in a better position to receive them. The YOU program though, is being relegislated for a lot more cities to be funded this next fiscal year. Vice Mayor Dawkins: But my concern, Mrs. Brooks, is why we didn't get the last one, not why we might stand a chance of getting the next one. � t a L?x Ms. Brooks: We can request an explanation, a further explanation. It just said, you know, your proposal was fine but you were not selected as a recipient. Mr. Castaneda: But we had Beverly request an explanation and they just said, well, you know, there were many... Mayor Suarez: All right, let's go beyond verbally requoating an explanation# Mr. Manager, let's get off a letter to the Secretary of Labor. We met with ; the Secretary of Labor, Assistant secretary of labor, Vice Mayor Dawkins met with every level of that department. Vice Mayor Dawkins: You did too. Mayor Suareas Right. And they said, you are going to be a reci,pte1�. r3rth tg fact, you would only need to cross the i s and dot the is and get el►sa50 i done admiftistratively and you'll be a recipient of some three million dollart, An d ail of a sudden We get a letterr saying... so let's get a letter out to , them Protesting and asking, we want a full explanation. Do you need a m6t 6h for that, Mr. Managar? Mr. adios No. } Mayor Suarezi Thank you. And make sure we get copies of it, particularly, Vice Mayor Dawkins and myself, and all the rest of the Commissioners would like to know. We're going to have to get a little bit aggressive with some of the federal officials... to put it mildly. Vice Mayor Dawkins: That's right. Mayor Suarez: We have a vote on that, Madam City Clerk? Ms. Matty Hirai: Yes. Commissioner Plummer: Tell them we're savings and loan. Mayor Suarez: Call the roll. Yes, we're going to classify some of the saving and loan institution, we'll get all kinds of money. Ma. Matty Hirai: It's been called, Mr. Mayor. ` Mayor Suarez: Thank you. Item 11. t 20. EXECUTE AGREEMENT WITH KPMG PEAT MARWICK (KLYNVELD PEAT MARWICK GOERDELER) TO CONDUCT A MINORITY / WOMEN OWNED BUSINESS ENTERPRISS DISPARITY STUDY AND TO PREPARE A REPORT WITH RECOMMENDATIONS AND A UTILIZATION PLAN PLAN - ALLOCATE FUNDS. Vice Mayor Dawkins: No, Mayor, I have 29, I think all of the people are here. Mayor Suarez: Yes. Vice Mayor Dawkins request item 29 to be taken out of order. Mr. Odio: The minority disparity study. Commissioner Plummer: I move it. Vice Mayor Dawkins: Move what? Commissioner Plummer: Move item 29. As recommended by the administration. Mayor Suarez: So moved. Is it understood what the... It's been moved. Is it seconded? You want to clarify your motion to see if we can get a second? Commissioner Plummer: Yes, Mr. Mayor. The recommendation originally was a hundred and a quarter. Vice Mayor Dawkins: No, it was a hundred. Commissioner Plummer: No, it was a hundred and a quarter. Y Vico Mayor Dawkins: OK. Commissioner Plummer: That was recommended. This Commission asked that it be reduced to a hundred thousand by the applicant or the awardee, he refused to do it. We t#en turned to second, we said, will you do it for a hundred, he said, yes. We've saved twenty-five thousand dollars with a guaranty from either firm or all firms that that which is required by the City will be the necessary finishod product and we saved twenty-five thousand dollars, just that simple. • r Mayor Suarez: Mr. Manager, is there a revised recommendation? l thought'' that ... ;. y a 3� s l July `r� . 'W'j vpr�'.'tf 9 Commissioner Plutinmert Ust that's item 29. Commissioner De Yurre: 'veil, listen, I'll second it for discussion purp666s and we got some people here want to talk, so I want to hear what they have to may, Mayor Suareat Thank you. I was just going to say before we get to... Commissioner Plummert Excuse me. What is it... excuse me. I don't want to ££ 11 i di c aaion but what is the discussion7 f cut o my co eagues Vice Mayor Dawkins% The discussion, my discussion Lao and I've said it from day one and I'll say it now. What you say, we saved twenty-five thousand dollars, but I say that if the product is not what's needed to ensure that the - effective class is relieved then we don't lose twenty-five thousand dollars, - F.' we lose everything because then, those who protest it, their protest is upheld t and then we no longer have a quote unquote, set aside. - =i Mayor Suarezt Yes, we may have an invalid ordinance, if we don't get.... - �` Commissioner Plummer: That was not really the basis of the contention. The _ contention was by the second company, I guess that's the one here recommended. _;. That there is existing data banks which could be tapped and you don't have to reinvent the wheel. Now we gave the first... Vice Mayor Dawkins: Where are they now? I didn't hear that from them. _ Commissioner Plummer: Well, that's exactly what was there before. That these companies have done this for the County, they have done it for Coral Gables, _ - they have done it for Homestead, the data banks are already there. - Commissioner De Yurre: Let me say something. J.L. let's clear, because I was the one that brought the issue about knocking down the twenty-five thousand. Commissioner Plummer: What do you mean? Commissioner De Yurre: Unless we hear today and the administration makes a recommendation to that degree that, for the $100,000 we cannot get the product �} that we seek, then we can revisit the thing. But if, after hearing the people that have a concern on this, if the evidence still shows that it can be done for the $100,000 that we'll get the product that we want and that we need to _4 defend whatever ordinances we have in dealing with this situation, then, you know, we'll go ahead with it. -i -'_ Commissioner Plummer: Well, let me ask this question. Mr. Manager, are you rrj _ satisfied that the company that you now recommend in item 29 can do the job �4r that is necessary? —Y, Commissioner De Yurre: For $100,000. Commissioner Plummer: I didn't ask that. Mr. Odiot No, we went out... this is the third company, by the way, and... t _Commissioner Plummer: OK, the third company. Mr, Odio: Yes, we're satisfied that they can do the job. j — Comtniesioner Plummer: Period, Amen. Discuss it all you want. Mayor. Suarez: OK, we have certainly your viewpoint on this, Comuiasiouor. Maybe, the rest of us don't necessarily agree. As far as expanding the scope _ of the analysis and including other factors, particularly including the minority business group, used to be called Allied, wasn't it, Doug? - I don't _ - know what the... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. don't know if we're going Mayor Suarez: OK, we have two groups and I • to be - r hearing from both then and are they in agreement as to what they're going to be proposing, but ,I wQuid like to hear from them and I &uses_we have a notion and a second. So, on that motion and a second, we'll hoar ir4w ypm — representative of the company selected and then, Gary. if _ 52ly ig ,t i uff- j Safe Dubinf Ksq.: Mr. Mayor, again, we reiterate that.+. r�- Mayor Suarefr: I mean$ we have forded marriages before in trying to allocate a== these contracts and these consulting contracts, particularly if we expand the pot a little bit and if it makes sense to do so and I'm inclined to think that it does, but go ahead. Mr. Dubin: My name's Sam Dubin, I'm with the law firm of Steel, Hector 6t Davis and I'm here with Mr. Francisco Rescio from KPMG feat Marwick. 5¢— Mayor Suarers When are they going to simplify that name to something we daft s°— all deal with? Mr. Dubin: Peat Marwick. How about that? We did, in fact, commit to conduct, for the City, a legally defensible and statistically sound disparity _ study for $100,000. We believe we can do that. Mayor Suarez: Of course, we don't know that it's legally defensible really until it's tested in court, and, hopefully, it won't be, but at least you - think it will be. Mr. Dubin: Well, that's... you're a lawyer, Mr. Mayor, so you know what I'm talking about. Mayor Suarez: All right. Mr. Dubin: In terms of the inclusion of the particular minority contractors who would like to play a role, we said on the record last time, and we have met with them once, that we, in fact, in our proposal, committed to an advisory council that would include affected minority businesses... Mayor Suarers Presumably, on a noncompensatory basis. Mr. Dubin: Of course, and in other words, they would be among the people who would be substantially involved in relating to us their experiences in attempting to .contract with the City. And we would welcome, and indeed need, their participation. Mayor Suarers If it didn't affect the compensation for which you agreed to do this study, would it bother you in any way? Would it create a problem for you if they were somehow also involved in the process on a compensating basis if the Commission saw fit to do it that way? Mr. Dubin: The question that had come up before was unrelated to the question of compensation. It was a question of what would they be able to play a part r in the development of the study and have feedback on the results that were found in, again, as we had committed to, in our actual response initially back in February. Yes, affected minority businesses would, indeed, be integrally involved in the study. Linda Kearson, Esq.: Mr. Mayor, we cannot compensate the minority businesses to conduct the study. We have to draft an objective study, an independent, we would include them in terms of our public hearings and taking testimony from them. But we could not pay them to be a part of our study. Gary Siplin, Bsq.: My clients don't want payment for participation in the study. Mayor Suarez: All right, Gary, let's hear it from your side. Are you, in the process of making this presentation, are you advertising your company by wearing a different hat everytime you come out here? Mr. Siplin: Yes, Mr. Mayor, thank you very much. I appreciate that. Hats in the Belfry in Coconut Grove. Commissioner Plummer: $15,000 hat. Mr. Siplin: As you well know, my name is Gary Siplin, I'm with the law firm of Greenberg Traurig and I represent all of the black contractors in Dade _ County. We've just formalized a new organisation called the Slack Hu4tA0ss T: Association in Dade County, which encompasses not only black contractors, but ' 5 July 12, 1990 1 _ m black lawyers, black doctors, accountants, and bankers who deal with businesses and who simply deal with businesses with the County, City, browafd x County, State of Florida, more specifically in terms of the set aside program. May law firm got involved with Dade County set aside program when its been attacked in federal court before Judge Scott. And at that time, the County had told the - the County Attorney's office had told the Commissioners that they did not have sufficient proof to continue to fight for the set aside program for Dade County. Howeter, my clients hired me and we did a cursory interview process of my clients to determine whether or not they had sufficient episodes of discrimination to support the ordinance in light of the recent Supreme Court case of Croson vs. the City of Richmond,_ Virginia., In that case, if you recall, increased the standards or changed the standards for allowing a race conscious set aside measure. So we interviewed our clients - and we realized that we did have sufficient evidence and the Supreme Court that would support Dade County's historical black conscious, race conscious - set aside program. We moved to intervene. Judge Scott allowed us to intervene and as opposed to having a final hearing on May 18th, as he had originally set, he changed that hearing to a status conference. So what we've done in terms of getting our clients involved in this process, was therefore reinstituting the Dade County set aside program and giving Dade County an extension in terms of doing a study and us to do a trial and support Dade County set aside program. Meanwhile, Dade County has gone a Commissioner's study, to just study blacks. You know, not Hispanics, which constitute a great number of businesses in Miami and particularly in Dade County in general. But, Dade County is doing a commission of study to study blacks discrimination. And that study cost $450,000. The State of Florida commissioned a study cost $750,000. In Broward County, who recently won their set aside case last week, is paying $350,000 for their study. And my client's concern is that we don't care who does the study. You know, my law firm does not have any interest in being involved in a study outside of representing my clients and making them available to the City of Miami for its study. Our concern solely is to make sure that the City of Miami does not waste any more money on a study that's not going to be sufficient enough to last over a decade or whatever and be attacked and therefore the $100,000 is wasted. You know, based upon the fact that City of Miami has to deal with women, who constitute half, over half of the population in Miami, Hispanics, who Early outnumber black businesses in City of Miami, in Dade County. There are more Hispanic businesses in Miami than there are black businesses. And, of course, you have the black businesses. And Dade County is only studying black businesses and they're spending $450,000. So there may be some concern about the samples that this particular group is doing and we have no problem with them doing it, but our point is this, you know, we know the City of Miami is under a budget crunch and they have decided that they only want to spend a hundred thousand dollars. But my law firm is in this current litigation and we've had up to seven lawyers working full time interviewing our client and participating in the lawsuit and that's going to be in excess of $100,000 before this is over. Although we're not charging our clients for it. So, our position is, based upon our active involvement and current litigation attacking a current historical black citizen orders for Dade County, we know, for a fact, the $100,000 is not going to be sufficient. We know even more for a fact that if you do a study and it is attacked, and it will be attacked, believe me, that it's going to cost you more than $100,000 to fight it and if the ordinance is held unconstitutional, you're throwing away $100,000 and you had to pay a law firm to defend you in court. Commissioner Plummer: In your estimation, what is then sufficient amount for that to be done? Mr. Siplin: Well, I discussed it with your office, Ms. Adrienne Macbeth, I think she thought that a good study would range between $200,000 and, I think, $500,000. Commissioner Plummer: So, basically, then, what you're saying is, the City to participate between two hundred to five hundred thousand dollars, neither one or any of these firms are doing the project that's necessary. Mr. Siplin: Well, that's an interpretation, but from first hand... Commissioner Plummer: Well, that's your interpretation... Mr, Siplin: ..,from first hand knowledge, you know, from what my law firm to doing in the expenditures that we've made in Interviewing about 50 of our 54 July 12, 1990 ?T777'11 III% ry _ clients thus far and trying to get specific discriminations for Judgeoott to L , •. i. F Convince him that Dade County's ordinance is constitutional. 1 can attest s that it's going to cost more than $100,000. Mayor Suaress Does it make sense for us to authorize and give flexibility in the authorisation of a higher figure to the Manager and the City Attorney to involve additional element or expertise? You're saying no. It doesn't make Y= - any sense for us to do that. Me. Kearsons If you're going to increase the cost of the study, you're going to have to start the process all over again because we went out for a competitive process based on the $100,000. if you're going to give us an , additional amount, then we'd have to start the process anew. } Mayor Suarers The competition was based solely on the cost? Me. Kearsons That's correct. We went out the second time after D.J. Miller rejected our offer of $100,000, we had another competitive process based on $100,000. Commissioner Plummer: That was this Commission's directive. Mr. Odio: They have guaranteed that they will give us a full - something that - would stand up in court for $100,000. Why spend more? Commissioner Plummer: That's exactly my comment. If the Manager tells me, on the record, that he is comfortable that the end product, the end product, is -- what, in fact, he is looking for and we can get it for $100,000, I don't — understand why we would spend any more. Mayor Suarez: In 1983, in 1984, the participation by black contractors in Public Works projects of the City of Miami was zero percent in 183 and 184. I suppose the more blatant a city's inability to bring in a particular minority group, the easier it is to prove that we must take affirmative steps to cure that. So, I suppose, in a sense, we're in a position of saying we were so - ineffective before, that now it requires less proof to show that we have reason to have an affirmative action program such as we have tried to _ implement and I might say, fairly successfully, including the provision for a set aside under the discretion of the Manager in certain situations which we have implemented and have never been challenged for that I'm aware of, Adrienne, unless you know of one. I don't think there's been a single legal challenge to it. Commissioner Plummer: Only in the County. Mayor Suarez: And... Me. Adrienne Macbeth: The only challenges we have is relative to the TCI cable contract. Mayor Suarez: Yes, and that has all kinds of other elements to it. I'm sure - = nobody wants to relive any of those, so we're kind of in a quandary here, but - - we do have motion and a second as to the existing contract to move forward - with it. Any further statements from anyone on the Commissioner? -from either of the two... Mr. Siplin: Mr. Mayor... Mayor Suarez: Yes, Gary. Mr. Siplin: The president of my organization, my client's organization, Black Business Association, would like to speak, briefly. - Mayor Suarez: Please. Mr. James George: I would like to say that... Mayor Suarez: Give us your name one more time, please. Mr. Georgss My name is James George, I'm the president of the $lack inesa -'" Association. The decision as to whether the product will pass the GroeQn teed used to be decided by the attorney who can identifien the City Manager, Our . 55 July 1`2, 14 dp QK r s =N ..:,; es problem is not in who does the contract. We don't even feel we should be at that stage yet. We feel that the real argument and the real discussion need to be held between us and the City Manager's people who are deciding what is going into the study. Now, the first person you wanted to use was D.J. Miller and they did the school board report and my understanding is that they're hot - very satisfied with that report. The group that is now going to do the study for the City is also doing the State report and we don't know what the outcome _ will be. You can no longer just do disparity studies and go out and say, _ we're going to do a sample and decide whether there's discrimination. that this firth has done has actually went out, got black contractors and say, have you been discriminated upon? They don't know many of them. It is necessary to seek the information. You must go out trying to find out whether or not there is discrimination. And as far as the Supreme Court in concerned, that Dis arit does not matter an more in terms of is the only thing that matter. Disparity y 1- equality. It is simply, discrimination. I'm saying to you that they need some specific guidelines, whoever does this needs specific guidelines and when you t give them those specific guidelines, they're going to tell you this is not enough money to do what you want us to do. Thank you. j Commissioner Plummer: As I recall, it was at the insistence of Commissioner De Yurre at the last meeting that this matter was discussed that insisted upon that the black minority contractors had the right of input into this study and that was agreed upon and so ordered by this Commission. Now, I think the point that is being made is, that they can't be compensated for that. I don't think they should be compensated. i �. Mr. Siplin: They don't want to be. They never asked to be and we don't want' to. We're going to voluntarily do it. Commissioner Plummer: OK, OK, I'm saying that issue came up today and as far as being compensated, they can't be compensated. Commissioner De Yurre: Let me ask, now, this study so that we can have it on the record, is being made as far as our set asides which includes not only blacks, but Hispanics and women, correct? —!` Mr. Siplin: Right. i4 Me. Macbeth: That's correct. Commissioner Plummer: Why isn't the County or the State doing that much of a study that includes more than black? Why isn't the County's a study that includes the Latin and women? Mr. Siplin: Well, specifically because there's a particular problem with black contractors in Dade County. You know, over the years before there was a set aside ordinance, there was less than a percent of black businesses doing - business with Dade County. Since the set aside ordinance, it's increased to 4.5 percent of all the County contracts. It's a direct effort to have help a direct group has been historically and currently discriminated against in Dade County. And it's also an effort to improve our black community in terms of —.` their own economic survival to get them off of welfare, off of drugs so they - hire each other and keep them working. + Commissioner Plummer: Was the Virginia case that you speak, Croson vs. West _f+ Virginia, was that directly aimed at blacks or minority set asides? Mr. Siplin: Well, see, the key is, it was directed at minority set aside, but the key is there, they dealt with all types of group and they had a set quota. You know, Dade County's ordinance is not that way. It only deals with blacks - and if you have three or more black -qualified -owned companies to bid on the contract, then its considered as a set aside. Not all contracts are set aside. Commissioner Plummer: But the Supreme Court decision spoke to minority not 74 asides, not individually. Mr. Siplin: It did. But, it does not exclude a municipality having a race conscious ordinance in terms of black set aside ordinance. That's also a part of the... W; 56 July 120 1990 5 ' S Commissioner Piummert No, I'm not arguing that point. The point Via sskiriig, l guode , is that we in the City are trying to do one that affects All Of minorities. Mr. Siplin: Might. Commissioner plummert That same effect is in the County. Mr. Siplin: Well, you got to do your own study involving your own municipality. Commissioner Plummer: I mean, they got a lot of Latin businesses in the County. They got a lot of women businesses in the County. Why did the County choose to narrow the scope when it does affect them like it affects us? Me. Macbeth: In 1980 after the civil disturbances, sir, a federal board came into the... Mr. Georges Civil Rights Commission. Ms. Macbeth: ...Civil Rights Commission came into this community and a report was produced called the Janis Report that dealt specifically with the black community and what the problems were and it was out of that report that the County created this ordinance and I think it was the first black set aside ordinance in the country. Mr. Siplin: Exactly. Commissioner Plummer: So, what you're saying is, the County will fight that another day. Because, obviously... Mr. Siplin: No, if we do, we're going to win it. Commissioner Plummer: Obviously, the Latin and the women businesses are going to be attacking on the same issue because the Supreme Court spoke to the whole blanket, to the whole umbrella. Mr. Siplin: That's why we won't have enough money for the City of Miami to properly study women, to properly study all the Hispanic businesses in Dade County and to properly study black businesses as it relates to City of Miami. That's why we're here today, to make sure that City does put enough money upfront so they can withstand any attack in the future and believe me, it will be attacked in the future. So, my clients want to save you some money by making sure we do it correctly first so we can help you fight it when it is attacked. Commissioner Plummer: You know, I'm not an expert on doing studies. My Manager, who deals with consultants at all times, has said to me that he feels that he is comfortable with what he is recommending for the hundred thousand to get the end product. Now, what you're saying is, as I hear it, is that none of these companies are proposing to do the job that you feel that is necessary. Now, you know, I have to go with my Manager. h Mr. Odio: If they don't do the proper job, we won't pay them. rs j Commissioner Plummer: Well, if they don't do the proper job, they're going to have to put in their own money to do it to give us a finished product. k Mr. Siplins So also, my clients without jobs and without businesses and they go bankrupt, so want to make sure that my clients have jobs to bid on so they can take care of their families and their businesses and be an integral substantive part of this community. We want to make sure it's done right pro t=. my clients can get some business from the City of Miami. That's why we're here. We want to make sure they do it right so they can make some money, to be a part of society. CotM itsionet i'lutnmer3 That's called barking before you're bit. But it's alsn preventive, Mr. Siplins Absolutely and it saves the City money. Commissioner Plummer: I understand that. Mr. Siplin: Lots of money. Mayor Suarez: OK, Commissioners, we have a motion and a second. Any further discussion? if not, please call the roll. Commissioner Plummer: Wait a minute, I got one other question. If additional is required, then I assume the Manager would come back to this Commission and say that there is additional monies needed to do additional... Vice Mayor Dawkins: And I will vote against it because we're saying now that this group says they can do the job for $100,000. Mr. Odio: I do not plan to come back. They have guaranteed... Vice Mayor Dawkins: OK. No, wait a minute, let me - no, let me finish. Commissioner Plummer: All right, I agree with you. Vice Mayor Dawkins: OK, let me finish, OK? Now, I do not believe that it can be done. They say it can be done. Now, we aren't going to come back for any k' money under no circumstances because they have agreed to finish a product, provide us with a product that will meet our needs and although I disagree with the amount, I cannot override the Manager and tell him to spend money that he says that he doesn't have to spend. So, as much as I would like to suggest that more money be spent, I have a Manager who's saying that he is comfortable with the product. - Commissioner Plummer: OK. I agree. Vice Mayor Dawkins: Now, only time can tell whether he's right or whether you're right. But somewhere along the lines, we're going to have to do our own study and be prepared to supplement whatever they do. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-526 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH KPMG PEAT MARWICK, TO CONDUCT A MINORITY/WOMEN OWNED BUSINESS ENTERPRISE DISPARITY STUDY AND PREPARE A REPORT THEREON WITH RECOMMENDATIONS AND A UTILIZATION PLAN CONCERNING THE STUDY; FURTHER ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921081. ` (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: ry AYES: Commissioner Victor Da Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez !< NOISs None. ADS= None. July 43; 1999 1x"2 5. +�' J. sue. '�`T �`'+.:`rs "'YG• r .t't r t sZ _ C i S MADE MIN ROLL CALL: Vice -Mayor Dawkinot With the stipulation that there will be no more merleyt r period. Yet. + ? pta CMMTS MADg FCLLOW114a ROLL CALL: Mr. Siplint Thank you. Mayor Suateat Counselor. x # Commissioner Plummer: Excuse me, about how long will that study take? ' Mr. Dubint Six months. 3- Commissioner Plummer: Six months? Was that within the.... '- Mr. Dubint Eighteen weeks. x. Commissioner Plummert ...criteria, six month? - Mr. Dubin: Yes, sir. T. Vice Mayor Dawkins: And this product... Miss Macbeth, through the Manager to x you. The product that they provide us with, we do what with? �< �k3.s Ms. Macbeth: That gives us the authority to continue with our set aside program and then, if it is challenged, that is the evidence that's presented to the court to justify the program. Vice Mayor Dawkins: But, the challenge... Commissioner De Yurre: No, no, the authority is here on this Commission., All that it gives you is in case it's challenged someday, we have something to defend our position. Ms. Macbeth: Well, the problem is that our ordinance was passed before the Croson decision was rendered. When the Croson decision was rendered, the Supreme Court and the fact said that all the programs were unconstitutional unless they had the backup as in the information that will be provided in this _ study to justify them. Vice Mayor Dawkins: And, all, as... is it any way that we can get from all f the other municipalities, any studies that they have done? - Ms. Macbeth: Yes, I have the school board study and I will have access to any others that arise. _ Vice Mayor Dawkins: And then, what we have to do is take that from the school board and localize it so that it fits in with the City of Miami and it does - not apply to the total County or how do we do that? He. Macbeth: No, sir, our study will be Miami specific. The study that these i individuals will do will be Miami specific. 4 t' Mayor Suarez: But, he's trying to take advantage, as we all are, of the information derived and obtained by the County and the State and all the otherw; - agencies that are having to... and the school board and the other agencies] that having to defend their ordinances. Is there any mechanism that you can conceive that will do that so that we use all of that information and all of that legal know how and all of that data, etcetera? Ms. Macbeth: I think we can build into the contract that the consultants will . review all of these documents and integrate that into their report. That, would be the only ability that I could see. :.'.. Mayor Suarez: And I would guess that in the process of doing that, they would certainly not be foreclosed the possibility of an interagency pool of funds to help in supporting all of these ordinances and statute because r and thq,4 doesn't mean that we have to contribute to it T you know, but certsinl�r the „' .; other agencies can, the State and the County and the school boar4 �►ho have ;_t 59 July 12 199Q z iS q G — Ms. Macbeth: I don't know, Mr. Mayor, it appears as if everybody has their turf and they want to, you know, defend their own turf, so to speak. Mayor Suarezt Yes, I just hope that we are working in a cooperative fashion with the other entities. it just seems like no far other than what's been stated here today, nobody's making an effort to bring the other agencies together and use some of their funding; state with a twenty seven and a half billion dollar budget, the County with two billion, the school board with almost two billion. Somehow, there's got to be a way to get some resources to do a cooperative effort as to the issues here that affect all of them equally. Ms. Macbeth: Mr. Mayor, on the 27th of this month, we'll be testifying before the U.S. Commission on Small Business and I think that's probably one of the points that we can certainly make there. Mayor Suarez: Please. All right. Mr. Fernandez: Mr. Mayor, just a point of order. In response to Commissioner Dawkins' question, our ordinance is presumed valid until otherwise specifically stricken by a court. What we're doing by this study legally is putting ourselves in a position to better defend and articulate sound rationales for all of the decisions that we have made. There is a presumption of validity to the ordinance under which we are presently functioning. It is not an illegal ordinance. Mayor Suarez: I'm glad you stated that, because the implication of the prior answer was otherwise and... Mr. Dubin: Mr. Mayor... Mayor Suarez: By the way, I there's enough in the record here and in our prior City records, including some of the data that I just gave, to support an ordinance and if the Supreme Court doesn't agree with that, let them rule otherwise, but I think we have enough already so, but you go out there and make sure that that is the case and that we're proven right. Mr. Dubin: Just to make sure that your Honor understands and to address Commissioner De Yurre's question, literally, of course, our job is to conduct a study to determine whether any program is defensible at all and if there is findings of discrimination, what kinds of programs ought to be adopted by this board in order to address the discrimination because that's what the Supreme Court requires. In addition, the RFP and our response calls for a five year utilization plan for minority businesses. 21. (Continued Discussion) SECOND READING ORDINANCE: AMEND CODE - RESCIND RESOLUTION 82-992 AND COMMISSION POLICY 2100-1 (REVISED) - REVISE ALTERNATIVES TO RENAMING STREETS AND ESTABLISH NEW CRITERIA AND STANDARDS FOR STREET CODESIGNATION - CREATE PERMANENT STREET CODESIGNATION REVIEW COMMITTEE (See label 12). Mayor Suarez: OK. All right, next item, twelve. We're rescinding prior street name designation, policies, and establishing new criteria and standards for street codesignation and creating a permanent street codesignation review committee. Commissioner Plummer: Move it. Mayor Suarez: So moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Commissioner Plummer: Just for discussion, let me make sure that I understand that this Comaienion's policy will be adhered to by this new committee. And that in that no designated street will be more than one block. 60 July 12, 1990 h�,�..tt A M1 i commissioner Plumaert OK. Mr. Jorge Fernandett That's the standard. Commissioner Plwmmers Ott. That's one of the standards. Mr. Kays Unless the Commission wants to and consider - when the item is {F brought back to the Commission, they would want to include more blocks. Commissioner Plummer: OK. Y}; Commissioner Alonsos But you have here, for additional block and then you have the amounts. Mr. Kays Right. Unless it is the desire of this Commission to want to go for any additional blocks. and you say that the cost to is the cost of advertising? zy Commissioner Plummer: We send it to them. Commissioner Alonso: Yes, and another question, the City is the $1,100 that you have over here, Because it seems to be extremely high. Mr. Kay: It's more than just... Commissioner Plummer: The Miami Herald is high. Mr. Kay: Advertising is about $400 per ad. Each marker, or each street sign, is $200 per sign. That's made by the County and that's what they are charging now. You normally end up with two per intersection or one in at one block and one at the other block. That would be a total of $800 right there. Then we have administrative fees for recording, posting signs, minutes, and so forth and so on. An extra $300 for administrative fees is not out of line with any of the other committees that we have. Commissioner Alonso: Yes, but actually, this is for the application... Mr. Kay: Right. Commissioner Alonso: ...they don't whether it's going to be denied or not. f Still, they have to pay this amount. yi. Mr. Kay: That pays for everything. ' Commissioner Plummer: What happens if it's... what the question is, what `. happens if it's denied and there's no signs put up? You don't have to expend j that amount of money. Is it refunded to them? Commissioner Alonso: No, no, it's not refunded. M, Mr. Kay: It doesn't say it's refunded. The $1,100 is nonfundable. Now, it y that... " ht - Commissioner Alonso: You see? J3 Mayor Suarez: Why isn't there a preliminary process to determine whether the z thing is even viable or not before you hit them for $1,1007 I mean, if it just doesn't meet the criteria, if it's the wrong proposal or wrong request, F ;w. they shouldn't have to pay anything just to come in and... Commissioner Plummer: Well, you still got to advertise. Mr. Kay: This can be amended, you know, subject to that change. 3 Mr. Odio: Subject to the approval of the... Mayor Suarez: Have a preliminary approval of whether the concept is right, They should be at no cost administratively and then go to the full proces4iag ;`- before action is taken so that at least you minimize the numbor of thcaas 61 1 y� e&nissioner Alonso is concerned about, and rightly so, that that Wf11 pd $1,100 and be told at the end of it, you don't qualify. Mr. Kays i think we can charge a - certainly just a nominal fee for 8 preliminary investigation into the matter. Commissioner De Yurres You know, I don't think that mould work at all because then, you know, if somebody comes up with that concept, and then they want to... what if they say no to them? They want to go before the board? They'll be pushing this. Mayor Suarez: Then, they'll have to pay the $10100. Commissioner De Yurre: Well, then, you know, they're going to have to pay for it anyway either way. Commissioner Plummer: How much of... Mayor Suarez: But - no, no, no, you won't. If you have a preliminary process which is at no cost where they get a preliminary determination like you do in many judicial proceedings that you are on point, that your concept makes sense, whatever, and it's going to be recommended in some way by the staff at least, then, you know, you save $1,100. That's a lot of money to pay to.. Commissioner Plummer: How much of that is administrative and how much is for signs? Mr. Kay: The signs are $200 each. Commissioner Plummer: And, I mean, are there two signs? Mr. Kays Two signs. So that's $400. Commissioner Plummer: OK, so that's four hundred. Mr. Kay: Right. Commissioner Plummer: It would seem like to me, it would be fair that the fee would be $700. If approved, an additional $400 for the signs. But I don't think they should have to pay for the signs if they get denied and the signs aren't going up. That doesn't make sense. I would amend the motion, Mr. Mayor, if it's within - it's on second reading. Can I amend it to say, that =4 the fees will be $700 for the hearing. If granted, it would be an additional $400 for the cost of the signs. Mr. Fernandez: Yes, you can amend it. That would not be ..... Commissioner Plummer: I would so amend it to read that way. Mayor Suarez: All right, with that amendment, we have a motion on the ordinance, as a whole? That's your motion, right? Commissioner Plummer: Yes. Mayor Suarez: Do we have a second on the ordinance with that amendment? Commissioner De Yurre: Second. Mayor Suarez: Seconded. Commissioner Plummer: Let me ask just a question of this Commission's thinking because it's been controversial elsewhere. Do we feel or don't we feel that the designation or codesignation should be for just people who have passed? Vice Mayor Dawkins: Like J.L. Plummer? Commissioner Plummer: I didn't say past tense, I said drop dead. in other words, should it be - should we designate, for someone who is alive? If this Is in a memorial... Commissioner De Yurre: If this the voice of the Herald speaking? 62 July 12. 1990 tit".. ; a s Commissioner plummre Rio, no, not at all. I'm just asking, do wee *an - Include in that or we don't want to include? And I'm asking for this4.. Commissioner De Yurre: I have no problem with live people being honored? Vice Mayor Dawkins: Like Victor De Yurre. Commmissioner Plummer: Well, I guess the bottom is, is that this Commission holds final approval at all times. Is that correct? Mr. Kays Yea, sir, yes, air. Commissioner Plummers OK. Just asking it for the record. Mayor Suarers Do you know if as long as we're going to state our preference, it would be my preference to have people who have long passed from the scene, if not from life altogether. And preferably, that they have passed away, as you've indicated and only in extraordinary circumstances have a living person be so designated or so named, so if you want to make that into sort of a statement of objective, I certainly would go along with that. Commissioner Plummer: Well, you know, my personal opinion is, it should be people who have in their lifetime done something that would be outstanding and this would be in effect, a memorial to that individual. Mayor Suarez: Yes. Commissioner Plummer: And I personally feel that's the way that it should be. All right, just to get the feeling, I'll offer that also in an amendment that this shall be for people who have passed into the eternal and their way of being memorialized. I so offer that. Mayor Suarez: So moved. Commissioner Plummer: As a amendment. Mayor Suarez: As an amendment. And, again, building it into your motion on the ordinance, right? Commissioner Plummer: Yes, sir. Mayor Suarez: Is the amendment to exclude that even the possibility of someone who has not passed away or just a statement of principle objective or... Commissioner Plummer: It's a statement of principle. Mr. Kay: The ordinance reads right now that public officials shall have been out of office for at least five years before they are memorialized... Commissioner Plummer: Yes, but is that five year period when they were indicted and still in jail? Mayor Suarez: You know, this whole thing does really come down from the sublime to the ridiculous and at this point, I don't really care how you phrase the motion. Let's just pass the ordinance, let the committee decide, let the names come back. We have ultimate approval, do we not, under the... Mr. Fernandez: Yes. Commissioner Plummers That's the saving factor. Mr. Kay: Yes, we're just a recommending committee here. Mayor Suarez: I sure hope that they don't, you know, people don't bring to up all kinds of names of living human beings who are still around and who might still commit all kinds of acts that would be reprehensible or... Commissioner Plummer: We'll tell Luis Sabi.nes Way to drop dead. Mayor Suaress I don't know how also.., -: •�,.'-- 2 trrt.' "r ; v� sir a `" ` 77M P Commissioner plumart wall; you know, Mr. Mayor, I guess the real thinning is that those Who have passed and who have done something outstanding cannot = bring back future embarrassment. — Mayor Suarest Right. Unless we have revisionist historians or something who t; dig up into their lives. in any event, we have a motion with that Statement of principle. What was the other thing you built in? -the reduction on the fee? y�- Commissioner Plummert The cost factor, it's split. ,T: Mr. Kay: Cost factor. Mayor Suarezt Do we have a second with those provisos so we can vote on the ordinance? Commissioner Alonso: I think Commissioner De Yurre already did. Mayor Suarezt Did you second it now with all the new provisions? #t Commissioner De Yurre: Second. Mayor Suarezt With the initial one, the reduction of the fee. Do you second? ,e And with the statement of principle that generally should be reserved for people who have passed away? { Commissioner De Yurre: Generally?- 3 3. Mayor Suarez: Yes. Commissioner Plummer: Generally. _ Mayor Suarez: Subject to... Commissioner De Yurre: Well, there's always room for live people to get into... '- Mayor Suarez: There is room for live people to get in there. Commissioner Plummer: Designate those who you wish to drop dead. Luis Sabines is in serious trouble. Commissioner De Yurre: That's fine. a{, Mayor Suarez: Right. So moved and seconded. Thank you. I'm glad everybody is cooperative on this matter which is not going to change substantially the lives of the people who are living or the ones who have died, for that matter, whose lives can't be changed any more. All right, moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE RESCINDING RESOLUTION NO. 82-992, ADOPTED OCTOBER 28, 1982, AND RESCINDING COMMISSION POLICY 2100-1 (REVISED) CONCERNING REQUESTS TO THE CITY - COMMISSION FOR CHANGING STREET NAMES OR DESIGNATIONS IN THE CITY OF MIAMI; FURTHER, REVISING THE ALTERNATIVES TO RENAMING STREETS AND ESTABLISHING NEW CRITERIA AND STANDARDS FOR STREET CODESIGNATION; 't CREATING A PERMANENT STREET CODESIGNATION REVIEW COMMITTEE, SETTING FORTH THE PURPOSE AND FUNCTION OF SAID COMMITTEE, AND SETTING FORTH THE RULES FOR THE - CONDUCT OF PUBLIC HEARINGS OF SAID COMMITTEE= ESTABLISHING NEW SECTIONS 54-90 THROUGH 54-95 IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. Passed on its first reading by title at the meeting of June 7, 1990, was _. taken up for ito second and final reading by title and adoption. On motIVA 4 Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance was :a thereupon given its second and final reading by title and passed +tnd adoptod by the following vote t r �cr 64 July i3� "S t � ydg NOES: Commissioner victor be Yurre Commissioner J. L. Mummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None, ASSENT: None, THE ORDINANCE WAS DMSIGNATED ORDINANCE NO. 10761. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ..--....-__..------ ...-------- ------- --------------------- ----- ----........_ ..�.. 22. APPOINT INDIVIDUALS TO SERVE ON THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE (Appointed were: Carolyn Cope and Juan Serralles). ------------------------------------------------------------------------------ Mayor Suarez: Item 13. Any appointments... TM j Commissioner Plummer: I nominate Carolyn Cope.IP Mayor Suarez: Carolyn Cope. I nominate Juan Serralles, that's S-E-R-R-A-L-L- E-S, attorney. Commissioner Alonso: And I will hold mine until the next meeting. Mayor Suarez: Commissioner Alonso's is withheld. Any other appointments. So } that this committee can et functioning and resolve 8 8 your issue back there, Manny. P is Commissioner Plummer: Move those names nominated be approved. s` Vice Mayor Dawkins: Second. -,i Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who - moved its adoption: RESOLUTION NO. 90-527 y A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE L ON THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 65 r STREET BETWEEN S.W, 22 AND 24 AVRNUNS AS F BRICKELL AS ESPIRITO SANTO STREET. „ 6 Arrm»we ttf elvsrnmPetfr wC ttAUlt0 tiet.tt_ ............_.........-.... -_......-_.,.-__--------.......� :._....�-_ .._.......� ...............:__ ..._...__.Y ..1....� .M.� - =ir — Mayor Suarez: Before the ordinance goes into effect, I'm going to ask all of `— you one more time, in deference to counselor Manny Vazquez who is in the back t— has been asking us before this ordinance went into effect, to approve outside f� of the effective date of the ordinance, how many time have you been hare, Manny? -I think about four times, right? Manny Vazquez, Bsq.t At least, and - since last year. Mayor Suarezt If we could do just this one on behalf of Celia Cruz, who's a living person, coincidentally, but an extraordinary living person, who has already been recognized by Hollywood and been given a star in whatever that walk of stars it is that they have, and a magnificent representative of this community in so many ways. Commissioner Plummer: Where is that to be? Mr. Vazquez: On Sth Street. I'd like more than one block, from 22nd... where she performs on the Kiwanis 8th Street Festival. = 4Yr Commissioner Plummer: Oh, you mean for Budweiser. Miller, for Budweiser. Commissioner Alonso: May I ask a question? Is it fair for them to pay this fee when they've been trying for such a long time to get an approval? Is it _ fair? Mayor Suarez: I guess it wouldn't be, subject to the fee if we passed it before the effective date of the ordinance, Commissioner, you're right. Commissioner Alonso: I believe there is one more case that they've been trying... Mayor Suarez: Yes, I don't know if there's any...OK, yes, if we made an exception for this one, I... Commissioner Alonso: ...and if they were to come during the day today, perhaps we should take care of that today so they don't have to pay. Mr. Vazquez: Yes, frankly I thought that was a standing committee already and I was told last night when I was here that today was going to be the meeting of the committee to do this and... Mayor Suarez: Not only that, the worst problem is that we don't have... Commissioner Plummer: Told wrong. - Commissioner Alonso: I really think we should take his request,;; 'kk Mayor Suarez: ...yes, and we don't even have the appointees at this point, so ?` God knows when the committee is going to meet. I think, in the back of the is minds of a lot of us, frankly, and I think I'm going to be very blunt here, probably shouldn't say this, a lot of us are hoping that this committee will get some of the, you know, will create enough of an impediment so we don't have so many of these coming before us. And let's be truthful about it. In any event, if you want to make an exception on that one, I will second it and vote favorably to it. Commissioner Alonso: Let's move and approve. I really think so, yes. I so ?, move, for approval. .�. Mayor Suarez: Moved, with the usual stipulations that we've applied in tho past. The cost to be borne by the proposing entity and the maintenance and everything also and it could only be two signs, one block, whatever the County' criteria that we were working under prior to this ordinance. If you move it I'll second it. 66 July 120 11 �J ,.«Lai'S„�`a3,?.°�. it t•. - Y xt y x {4 •' t o 1 TIF 114 Commissioner Alonsos 1 do. Mr. Jorge Parnandess Again, for which area is this? What is the location? Mr. VasGque2s Righth Street from 22nd. We asked for 22nd Avenue" to 21th Avenue. -M, Commissioner Piummers No, but what you're going to get is 22nd which way? �- One block. Mr. Vazque2s Well, west. Commissioner Plummer: Twenty-three to 24? Mr. Fernandez: Twenty-second through 23rd. Mr. Vazquez: Well, can we have two... F Commissioner Alonso: Eighth Street, between 27th... Mr. Vazquez: Twenty-second and... Commissioner Alonso: Twenty-second? x Commissioner Plummer: It's not five blocks. b Mr. Vazquez: ...the auto dealership there where... Commissioner Plummer: So it would be 23 to 24. Mr. Vazquez: Well.... Commissioner Alonso: That's really 22nd through... - Mr. Vazquers Well, can we have two blocks, two blocks? Mayor Suarez: All right, 22nd to 24th. Commissioner Alonso: OK. Mayor Suarez: All right, moved and seconded with that understanding. The second accepts it. Call the roll,,quick. Mr. Fernandez: That is the first exception, Mr. Mayor.{: Mayor Suarez: I'm sorry? Mr. Fernandez: That's Celia Cruz Way. r Mayor Suarez: Right. Mr. Vazquez: Right. Mr. Fernandez: Commissioner Alonso had mentioned another one also. 4�. Mayor Suarez: Well, if we don't have them here, the idea is to be consistent y if they show up or if we hear about who they were, we can't even :think.it would. f Commissioner Alonso: Yes, I'd like to take it, perhaps, later today. Mayor Suarez: Right.41 4F Commissioner Plummer: Which is the other one?' Mayor Suarez: Call the roll on just that one, please, so we got at least ono fv in z 7 d � i^ fY ^ 67 July 12.E 4010.8 w _ Fe� Tr _ Tho foll6wing r6saluti6n was iiitroducad by Commiegifter Alafted, 06 .: �o�ed ita adoption: ` RESOLUTION NO. 90-528 - A RESOLUTION CODESIGNATING SOUTHWEST 8TH STREET, BETWEEN SOUTHWEST 22ND AVENUE AND SOUTHWEST 24TH - AVE O IN THE CITY OF MIAMI, FLORIDA, AS "CELIA CRUE WAY"f FURTHER, INSTRUCTING THE CITY CLERK TO TRANSMIT _ .. A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT r,. AGENCIES. (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 votes AYESs Commissioner Victor De Yurre _ Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. - Mr. Vazquez: Thank you. Mayor Suarez: Get out of here quick before we change our minds. - _ Commissioner Alonso: Yes. Commissioner Plummer: Yes. Commissioner Alonso: Can we take them, I think... Commissioner Plummer: The other one is here. Commissioner Alonso: ...the one, yes. Mayor Suarez: What was your request? It was a standing request for "X" — number of months, presumably, like this one? Mr. Mario Martinez -Halo: Yes, my... Commissioner Alonso: Yes, they've been trying for a long time. s Mr. Halo: My name is Mario Martinez -halo and on January the llth, I made the presentation to the Commission for a codesignation for a street. I was referred... _. A e Mayor Suarez: On January 11th7 = Mr. Malos January, the lith. Commissioner Alonso: Yes, he was here and he was sent to the board, I know.,` N- Mayor Suarez: All right, what was the name and what was the location? -to see r if it makes sense in principle? Mr. Halo: Is the Espirito Santa Street, is on the 14th Street that run from s` Brickell to South Bayshore Drive. It's a block down there. I was referred to the interim committee and the interim committee met on January the 29th. Mayor Suarez: Oh, the interim committee made a positive recommendation? Mr. Maio: No. Mayor Suarez: Or did not. r-. ri 68 Juxy 12, 1 Q ;a 11 4 A w Mr. Maio: The interim coftitteet what they did was to set the rules afid regulations that ass going to govern the way of how to handle the... Mayor Suarez: To make the ordinance. Mr. Mall: ...made the ordinance. Commissioner Plummer: Move it, Commissioner Alonso: Yes... Mr. Malo: That was not presented... Mayor Suarez: Moved and seconded by Commissioner Plummer and Commissioner - Alonso. One clarification I have to do this. I hate to do it, but I have to do it. There is no commercial implication, there's no bank in that vicinity that has this name? Commissioner Plummer: Yes, it's on that street. Mr. Malo: Yes. Mayor Suarez: OK, Mario and Commissioners, I would suggest that maybe they ought to be subject to a fee similar to the other ones in that case. Even though the ordinance hasn't gone into effect. I just wouldn't want to set the precedent that we let somebody in under the deadline that has a commercial - you know, at least give the money to some kind of a fund or something, Mario, please, so we don't... Mr. Malo: OK. Commissioner Alonso: Yes, why don't we approve they be kind enough as to make a donation to... it and we ask that perhaps Mayor Suarez: Yes, make a donation of the equivalent amount, Mr. Manager. _ Make sure that that is applied to one of the various funds. I think we just set up a fund for all of these donations. Mr. Malo: OK. - Mayor Suarez: All right, with that provision, moved and seconded. Any " discussion... Commissioner Alonso: And, Mr. Mayor, I think later on during the day, we're going to have item 62 and it's very similar. They're been trying for a long time. Mayor Suarez: OK, do you want to... I guess we'll take that up when they shov up. Moved... Commissioner Alonso: And it's already part of the agenda. But I think it's not up for after three so they are not here. Mayor Suarez: roll. Moved and seconded. Any discussion? If not, please call the The following resolution was introduced by Commmissioner Pium6r, MoVad itis adoptions RESOLUTION NO. 90-529 A RESOLUTION CODESIGNATING SOUTHEAST 14TH STREET, INTWEEN DRICKELL AVENUE AND SOUTHEAST SAYSHORE DRIVE, IN THE CITY OF MIAMI, FLORIDA, AS "ESPIRITO SANTO STREET": FURTHER, INSTRUCT114G THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: For commercial applications of that, is there any specific criteria in the new ordinance, Mr. City Attorney? that specifies when we're going to do those kinds of things or not? I know other hospitals, businesses, and so on have asked for a small part of their street leading into their facility to get their name and typically we've not had a problem with that. I know we did a recent one at Bayside too for Dick Clark and so on. Is there a specific way to handle those in the ordinance? Mr. Fernandez: No, not that I know of. Mayor Suarez: I wouldn't want to open the door now to all kinds of... Mr. Fernandez: Right. Vice Mayor Dawkins: But we already approved, Mr. Mayor, the Sawyer Walk... Mayor Suarez: Yes. Vice Mayor Dawkins: ...in - that already approved and we're ready to go. We don't have to come back for that? -right? Mayor Suarez: What's the status on that? Mr. Jim Kays No, that has not been approved yet. , Vice Mayor Dawkins: Why? Mr. Kays Sawyer's Walk has not... to my knowledge, I think Jack Luft can... t �- Mr. Jack Luft: We had a resolution before the Commission last year and it was deferred while this policy was being sorted out. ' Vice Mayor Dawkins: All right, I move that Sawyer's Walk come in at the same as the last two we just did.; �E t Mayor Suarez: In that part of a City project? Wouldn't that be.. � Mr. Lufts That's the 7th Street mall by Poinciana Village. It's after the.., Vice Mayor Dawkins: Mall, the 7th street mall for the Overtown Park. Mayor Suarez: That's what I'm saying, there has... Mrs Lufts .. #Roveroud Sawyer from... p � t <5, 70 July 12, m i Mayor guareat We ought to be careful not to how all of a sudden open the door for businesses to name streets adjoining their businesses after the particular business that's located theca: Mr. Luftt No, this is our mall and this is from the circuit riding preacher from the 16001s. 'F Mayor Suarezt Ott, we have a motion and a second on that? h' rffpp =%a Mr. ft rnandez: Again, I need clarification. What is the street that will be co -designate? Mr. Luft: Seventh. Vice Mayor Dawkinst Seventh at the... Mayor Suarez: It's part of our planning process. It's a mail. Mr. Luft: Between N.W. 3rd Avenue and N.W. 2nd Avenue. Mayor Suarez: Moved and seconded. Any discussion? If... Commissioner Plummert Well, wait a minute, what this one on? Commissioner Alonso: Sawyer. *_ � T Vice Mayor Dawkins: Sawyer's walkway over there where Sawyer... Mr. Luft: By Poinciana Village, our 7th Street mall for the... Mayor Suarez: Part of the Overtown Park/West. Commissioner Plummer: Is there even an application in before us? Commissioner Alonso: It was approved before. Mr. Luft: Yes, there was a resolution that was deferred from last year. Mayor Suarez: It's a City proposal really, it's not even... Mr. Luft: Yes. r`k Commissioner De Yurre: This is a generally alive or generally dead person? Mayor Suarez: He's pretty alive. Commissioner Plummer: What? Who's going to pay the fee? Commissioner Alonso: Commission... Vice Mayor Dawkins: Overtown Park/West Development Commissioner Plummer: Are you paying the fee? J t, Mr. Odio: Yes... Mr. Luft: As part of the construction of the mall. m. Commissioner Plummer: Eleven hundred dollars. Mayor Suarez: Let's not get ridiculous now. If it's a City designation.,.. k Commissioner Plummer: No, the problem is... T 5 Commissioner Alonso: I think that your motion his motion was that wo pass... a� Mayor Suarez: The City will be paying itself the money, please. Vice Mayor Dapkinst I will get Mr. Cruz of Cruz Development to pay -the seven hundred dollars. That ain't no problem,` L �E } Y` 71 July Its I.; t- r � Mayor guarees All right, that... Comissioner Plummert I'm worried about the signs, that we got to pay Dade County. Mayor Suareet Otherwise it would go from the Overtown/Park West redevelopment tax increment financing bond monies to the City general revenue fund Which I don't think is necessarily the way we want to do things, so I'm glad that you've made that proposal, Mr. Vice Mayor, that's... All right, call the roll on that. Ms. Hirais We need a second, Mr. Mayor. Thank you. Commissioner Alonso: I did. The following resolution was introduced by Commissioner Dawkins, who moved its adoptiont RESOLUTION NO. 90-530 - A RESOLUTION CODESIGNATING NORTHWEST 7TH STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 3RD AVENUE - IN THE CITY OF MIAMI, FLORIDA, AS "SAWYER WALK"i FURTHER, INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT =. AGENCIES.k (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 J. L. Plummer, Jr. Commissioner Miriam Alonso - Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Mr. City Attorney, I'm sorry to have to bring this up again, It: just want to be absolutely clear that we have not set any kind of precedent for a business entity to have a street adjoining it named after it. We have had that done, at least in the case of Mercy Hospital, haven't we? -Mercy Hospital Way. Mr. Kays No. Mr. Fernandez: Sir, I can tell that in the ordinance... Mayor Suarez: And Dick Clark Circle over there by Bayside, I mean... rs Mr. Kay: Mercy Hospital Way is actually a private driveway, it's not a x street. 3 Mayor Suarez: I guess we've done it for private driveways, haven't we? Mr. Fernandez: That's right. s f Mr. Kay: The County did that but... Mayor Suarez: Or at least rights of ways that are under the control and dominion and under long term lease to some other private entity like the Rouse Company for that Dick Clark Way. Mr. Fernandes: I can tell you that you have no ordinance in the books that gives that ,any type of policy status. However, you are the beat determiner of ` what is the policy of this City. y` �3 72 July 120 J990 a a i f z Mayor Suares: Do you recommend that we review it and possibly reconsider the naming of a street over on 14th after an adjoining bank because of the problems that that might create as a precedent for future business entities that come and make an application? Mr. Eernandes: It's purely a question of policy, sir. Where is no an issue involved with that. The way that the ordinance presently stands Boas not give the advantage or does not set that as the policy. Mayor Suarezt I suppose they could just say they were sort of grandfathered in. All right. .. - -_---.----------------------------------------------------------_.. 24. ISSUE REQUEST FOR PROPOSALS FOR UNIFIED DEVELOPMENT OF A MAUSOLEUM ON CITYr-OWNED PROPERTY BETWEEN NORTH MIAMI AVENUE AND N.E. 2 AVENUE ON N.S. 19 STREET - SELECT CERTIFIED PUBLIC ACCOUNTING FIRM - APPOINT MEMBERS TO CITY CEMETERY REVIEW COMMITTEE. Commissioner Alonso: Mr. Mayor, can we take item 52? -since there are a large group of people? Mayor Suarez: Commissioner Alonso request, item 52, presumably of great - public interest and import. Which is that, Miriam? Commissioner Alonso: It's the UDP for the mausoleum, the cemetery, City of Miami Cemetery. _ Mayor Suarez: On item 52, did you want to make modifications after your very intimate involvement in the process of preparing the RFP? Me. Norma Orovitz: I'd rather be intimate with other things and whatever, but thank you, Mr. Mayor. And thank you, Commissioner Alonso, I appreciate it. Last time I addressed you - sorry, Norma Orovitz, president of Temple Israel, 137 N.E. 19th Street. Last time I addressed you, I did so in terms of an historical perspective, one respectful of our common heritage. I spoke of altruism, personal, civic, even political and I spoke of optimism in trying to stem the hemorrhage of the marginal area. I was joined here by a contingent of civic and business leaders representing old Miami and new. We asked how come the City doesn't understand that some services, even police and... Commissioner Plummer: Excuse me. Can we have these other meetings outside of n= the chambers? I'd like to hear what's being said. I think we ask everybody in the back to come sit down, please, and no private meetings. I'm sorry, thank you. Ms. Orovitz: Thank you, I appreciate it, Commissioner. We asked how come the City doesn't understand that some services, police and fire, for example, are provided at citizens without a direct payback. Does the pioneers resting place require recompense, we wanted to know? And where did that get us? Right back here again. Not far, we are still discussing the same plan. Granted the plan has been moved and modified and for that, we are grateful. This time out, however, I'm less naive, so let's talk turkey in terms of Citye politics, let's talk bottom line. Ostensibly, the mausoleum plan is -being pushed to save $76,000 a year. Noble, sensible even. And if the Miami City Cemetery were an active cemetery, I'd have less credibility objecting to this z plan. You wouldn't be changing the nature of the cemetery, only its profile }' and the shadow it would cast. And the new profile would be balanced by a profit. OK, the City needs to save money, even at the coat of bastardizing a _ sacred trust. How else is the City saving? Not by funding an ethnic the#ter, ' not by funding a 4300,000 improvement on a privately owned shopping center,,. ;*S2 Mayor Suarez: What kind of theater did you say? ?' Me. Orovitz: An ethnic theater. Mayor Suarez: What is an ethnic theater? Is that what we put into our RrV? 73 x' FY` July t3, 1990 t �r. gr— �fiu; d al X`lde Ms. Orovitts Sxcuse me, I'M mikits some general teferences. May I finish feted then9.i Mayor Suarez: Yes, I just want to, before we lose track of that. Ms. Orovitze OK. Mayor Suarez: That's a startling revelation to me that we have something called an ethnic theater. Is that in the RFP that we proposed? Me. Orovitz: No, sir... Mayor Suarez: Oh. Ms. Orovitz: About a year ago, I believe that the Herald reported on a theater that was going to get... Mayor Suarezt Oh, don't make any reference to anything the Herald says. All right, go ahead. Vice Mayor Dawkins: By all means, make the reference, go ahead. An ethnic theater means what now? Ms. Orovitz: Oh, dear! A theater catering to one specific ethnic group. Vice Mayor Dawkins: Such as? Mayor Suarez: The Herald proposed this? -or who proposed this? Ms. Orovitz: No, I'm sorry I mentioned it. Let's talk... Vice Mayor Dawkins: I'm not, no, no, I need to know what you're saying. Ms. Orovitz: I am saying that there are many groups that... Vice Mayor Dawkins: Was it in Liberty City, was it in Coconut Grove? Where was it? Ms. Orovitz: I believe it was a Latin theater, sir. Vice Mayor Dawkins: Ma'am? Ms. Orovitz: I believe it was a Latin theater. Vice Msvor Dawkins: OK, um hum. r� f � Me. Orovitz: More recently, the Herald - even though I'm not supposed to say it - reported on a $300,000 improvement on a privately owned shopping center. Also reported on equipping a supermarket in said shopping center. And we are not saving money by... Vice Mayor Dawkins: I hate to correct you again. That's the City of Miami's shopping center. It's not privately owned. Ms. Orovitz: Oh, OK. �e F L.0 Mayor Suarez: And, as to the rest of them, totally inappropriate comparisons. All that illustrates is how badly the Herald is reporting, if that's what you understood those articles to mean. Ms. Orovitz: Well, let... Mayor Suarez: Typically, in everyone of those instances, I believe, what we have were CDBG funds, community development block grant monies to spur: economic development by supporting, to the extend possible, for profit entities. Occasionally, not for profit. But for profit entities by having' economic development in areas in which there would be no economic dovei nt otherwise. And why that would make it sound like somehow we're doing the kinds of things that you would read about in the Herald is beyond me, but, for some roason, they don't seem to get that straight on COG. Ms. Orovitz: OK, well Miami... Y ti �ff 74 July It 1990 � y 4 tA� a the program is for, it's the federal program. VO Ms. Orovitz: OK, Miami Today also reported on the costs of running a fountain for 4 hours daily, which would dome to $61,152. Mayor Buareas I'm glad you brought that up because that also was a Miami Herald idea. As far as I can tell, the people who wanted Mr. Noguchi to design a sculpture park where people who were very active owners and associated otherwise with that particular institution. Now, all of a sudden, it's a big expose that it costs so much money to run a fountain that I don't think anybody on this Commission was particularly excited to support. Ms. Orovitz: What I am talk... Mayor Suarez: And would have loved to have changed it to a nice sculptured, a nice fountain such as the one you see in some other jurisdictions around here for about a tenth or twentieth of its price and which when not turned on, still looks nice. But that one looks awful when its not turned on. In fact, it doesn't look that good when it is turned on. Commissioner Plummer: Would you be quiet? Mayor Suarez: Sorry, J.L.... Commissioner Alonso: Especially when we will have to pay the tab at the end of the year. The cost of running it. Ms. Orovitz: Nonetheless, this is cost that the City will face. And each of the costly efforts has, or will benefit, a specific community, in Little Havana, in Overtown, in Bayfront Park. I also have numbers. I came here in March representing 700 families and five other organizations objecting to the mausoleum plan - Concerned Citizens of Edgewater, Friends of the City of Miami Cemetery, the DDA, the Edgewater Area Association, and the Miramar PTA. Today I come here with 73 signed letters from City of Miami residents who are also Temple Israel congregants. If the 105 Temple Israel congregants who are also City of Miami residents were in town, I likely would have their 105 testimonies as well. Mayor Suarez: Many have written, by the way. So even if they're not... Ms. Orovitz: I know, I know and I remember, Mr. Mayor, that you said that this was the second most lobbied issue is your experience on the Commission. That should give you some idea of the import we place on this item. Today, I also come with the endorsement of 12 agencies which constitute the Northeast£ W Miami Umbrella Committee and I represent the twelve congregations of faith in the City. Each of us a house of worship attempting to enhance the civic and religious life of the City of Miami and we are thwarted at every turn by events beyond anyone's control. Nov, one of us will suffer at the hands of our own City fathers. Our level of concern is high because in spite of the substantial numbers that we represent here today, including our Miami resident, congregants tax base of better than $500,000, we will likely lose as we've done before to a phantom one or two or three who are pushing for a'for= profit facility on an historic cemetery that is nearly SO percent occupied and 100 percent sold out. I'm no mathematician, Mr. Mayor, Honorable .F Commissioners, but these numbers just don't add up. These numbers do. Thank you.f Mayor Suarez: Thank you, Norma. ;<<; Commissioner Plummer: Let me ask you a question and, you know, I've heard everything but. What do you find objectionable to a mausoleum building there? It is contiguous to a cemetery and mausoleums always are located in cemeteries. Is it the fact that you don't like the rendering of the structure? Is it too high? What is it, you know, other than the fact that it my be the stigma of a mausoleum. What is it that you're really objecting to? Because o mausoleum is a very appropriate place in a cemetery. ` Ms. Orovitz: In an active cemetery. I would say we're objecting to ei1 of the above and I... 75 July 12, 1990 s Oomissioher Plutrrters Ott, hot no, hot I'm saying in a cemetery. Me. Orovitttt ...I would question specifically, like our Rabbi, Rex Perlmeter, to address your Commissioner Plumnert Oh, OK, fine. Rabbi Rex Perlmeter: Mr. Mayor, Commissioners, it's a difficult task for... Rabbi hear D, Perlmeter, 137 N.S. 19th Street. It's a difficult task for a } Rabbi to speak when he or she has to follow a president who is already so eloquent, it keeps one on one's toes, to say the least. Nonetheless, l would like... Mayor Suarez: You're a teacher, you can do it. Rabbi Perimeter: Thanks. Mayor Suarezt That's what it means, isn't it? Rabbi Perlmeter: I would like, with Mrs. Orovitz' permission, to make one correction to her comments which I think will be of significance to .the Commissioners. The figure of 105 represents 105 households in Temple Israel which are in the district of the City'of Miami. That, in fact, represents a significantly greater number of voters in those households since many of those 4: are family residences, not single persons. The reason, Mr. Plummer, that we object to the presence of the mausoleum lies, perhaps, in fact, in the very A word that you used, in the stigma of a mausoleum, and that is something not to be minimized. I've read the proposal for the RFP very carefully and I recognize, with respect, the efforts of those who drew up the document to acknowledge the issues that concern those who are devoted to the City of Miami Cemetery and to Temple Israel. And I quote to you from the proposal, item 4C, paragraph one, in which the issue of the importance of aesthetics is acknowledged. Quote, "...in particular, the front and back facades silhouette an overall height of structures, as well as the landscape treatment as viewed from both 19th Street and within the cemetery." It is a cogent and true recognition of the importance of an aesthetic issue and therein is contained the very basic illogic in putting the mausoleum where it is proposed. Aesthetically, there is no way in which a mausoleum can be constructed in the area proposed that will not be detrimental to the future, the present, and the future of.Temple Israel. And it's to that that I speak. However beautiful in and of itself, in comparison to other mausolea a mausoleum should be, in fact, the stigma it bears with it aesthetically and spiritually is such that it will Y* denigrate the dignity and the appeal of that City block, and particularly, of Temple Israel. The wording of this proposal, as I have it before me, is also woefully... x; Mayor Suarez: But, you're not saying that for purely aesthetic reasons because that's the whole point of aesthetics is... you're saying it... r� Rabbi Perimeter: I'm saying that the whole aesthetic of a mausoleum... Mayor Suarez: Or purely symbolic... Rabbi Perlmeter: ...is out of keeping with the aesthetic of a synagogue and a synagogue block. Mayor Suarez: But it sounds more like the argument is not even to aesthetics or to symbolism of a mausoleum, but to the size and the imposition of it... Rabbi Perlmeter: That's the second issue. Mayor Suarez: ...and the massiveness and... Rabbi Perlmeter: That's the issue I'm addressing now.e Mayor Suarez: All right. Rabbi Perlmeter: The very presence is aesthetically untenable for a ce:aetory. The fact that the document places no specific limits upon the siao, upon`tha aesthetics, no guarantee of all that is guaranteed is that there will be a review committee without any guarantee of representation in that comitt#4 of those who have an interest in these issues. 76 July 11P 4*10 k t Mayfair stfitda: Let me ask about that. There's no limit at all? 16nitfg envelope? -is that the only iimitt Rabbi Perlmeten All that it says is... Mayor Buareat Let me ask that for a second, if I may, Rabbi. Rabbi Perimeters please. Mr. Herb Saileyt The proposals will submit to a review panel who will review each design in accordance with the zoning and decide who has the beat submission. We have already indicated that with the task force that the temple has put together that they would be a part of that review committee We have not... Rabbi Perlmetert That is not indicated anywhere in the RFP as it presently reads. Mr. Baileys It is not supposed to be in the RFP in terms of the review committee. The Commission will select that committee. You have already been a part of this proposal. And we have incorp... Rabbi Perlmeters That's correct and I realize that that accounts for what sensitivity is represented in the document. Commissioner Plummer: And let me ask this question. Rabbi Perimeter: Yes, sir. Commissioner Plummer: Not of you, of the staff. Rabbi Parlmeters Sorry. Commissioner Plusm er: Just for my edification, under the present zoning, are we talking about a building that could be four floors, or forty floors? Is there a maximum height that they can go to under the present zoning? Mr. Baileys I don't know, Commissioner, it's zoned GU and it would be the City's mausoleum. Mr. Guillermo Olmedillo: There's no height limitation to it right now. However, the provisions in 11000, the new zoning ordinance, under which this conceivably will go, has a special exception hearing for a mausoleum in a GI district so that will be... Mayor Suarez: In a GI? -GU? Mr. Olmedillo: Well, GI it's called in the new zoning ordinance, government institutional. Mayor Suarez: That's a great... t ;Yt Commissioner Alonso: So how tall will be? J: Mr. Olmedillo: So that is subject to the special exception hearing which is a 1 public hearing. Commissioner Plummer: They're saying it's unlimited. 3 Commissioner Alonso: So it could be a huge condominium for the dead and it n will be very impressive. Mr. Olmedillo: There is no limitation and if it goes over 5,000 crypts, then it goes through the major use special permit which is before you. t Mayor Suarers In formulating this RFP, did you not work together witb the Development Department to Coma; up with some criteria that would at least have sasthe of the bors that you wo't se hu for the0d dead, asnasCommissi.onerhjust referred toAit?have -Commissioner Alonso, -: Mr. Olmedillo: Not to the point of the scale of it. 77 July lr lAlii } fi �a u'i Rabbi Perimeter: And, as you can see, Mr. Mayor, that's an issue of tremendous concern to us. Though it doesn't answer the basic concern of the very existence of the mausoleum, I'm sorry. Commissioner Plummer: It would seem reasonable to me in the RIP that it should state that it would be a maximum height in some May, shape, or form. Mayor Suarez: Yes, the massiveness of it would resolve a lot of our concerns. Mr. Bailey: There are a lot of considerations in terms of the best return to the City. We don't know, in-house, as to how that would be structured in terms of how many crypts they will need in order to generate sufficient revenue. It's not just an amount to cover our current expenses, it's also a revenue generator. In fact, the City will own it. And it's also an amount of money required in that to improve the existing cemetery. So the $76,000 you're talking about is only to sustain what we have, but there is a desire to improve what we have and to generate other revenues. So, we would have to get the best effort or the beat return to the City and then determine whether or not the proposal, if it's a massive submission, is either economically desirable to the City or it's just too large and that is determined by review committees. Rabbi Perimeter: Mr. Mayor, the issue that Mr. - is it Mr. Fernandez? Mr. Baileys Herb Bailey. Rabbi Perlmeter: Mr. Bailey, that Mr. Bailey has offered, in fact, brings me to my final point. There is an issue here of returns to the City. But, as I am sure each of the Commissioners and the Mayor recognizes, returns to the City are qualified in more than financial matters. Returns to the City also come from loyalty to the City, from development within the City, from the influx of new and vital life into the community. The threat to the future existence of Temple Israel in its present location, in its very being, that is posed by the problems we already face, would be greatly complicated by the addition of this mausoleum to our immediate vicinity. We are concerned to survive. And we feel that this mausoleum poses a significant threat to that very issue of survival, both in terms of attracting members to the congregation in its present location who would be put off by, to use Mr. Plummer's words, the stigma of a mausoleum. Secondarily, should Temple Israel cease to exist in that location, the long term return of new residents in Miami including young Jewish families among all of the others we look to bring into this community who would not settle in a city where there is no synagogue presence. These are issues to be considered as issues of return as well. I hope that the City, at this point, will turn from the shortsightedness of the present concern over $76,000 or some unknown additional financial possibility to an issue of known presence, known loyalty to the community and known power to attract new life to the community that Temple Israel represents. Thank you very much. _r $ Richard Alhadeff, Esq.: Mayor, members of the Commission, my name is Richard 6 Alhadeff, my offices are at 150 W. Flagler Street, Miami. I'm a member of the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson. I've been... Mayor Suarez: You're probably here on a pro bono basis, aren't you, counselor? Mr. Alhadeff: Yes, sir. �# Mayor Suarez: Just establish that for y purposes of our filing requirements. t $ Mr. Alhadeff: I am. I'm here on behalf of the temple. I'm a member of the temple and representing the temple also. I am not as eloquent as the speaker* you've heard before, but it has given me some thought as I've listened to the discussion that it is unfortunate that a temple has to come before a City and prove to the City what it's done for the City. What it will do for the City and whether or not it can justify the City's $70,000 of expense in maintaining an existing cemetery. It's hard for me to imagine that the City looks for economic development in burial plots. It seems to me, as I read the 78 July 120 1990 '. sue.. r, s newspaper, that I see parks, amusement rides, things like that, of groat interest, economics of shopping centers, office buildings, hotels. That, to me, is economic development. The burial of the dead is not economic development. There's no future in it. It goes away in time. It fills up. There's no more space. You can't talk about this as an apartment project or a hotel that you have ongoing revenues, as Mr. bailey speaks. What ongoing revenues? The sale of these crypts and niches, however many they are, will do themselves out of business. you don't sell this as a view of the bay. This is not something you point to with price and may, Look at our new economic development project. Look at the revenues we get from the dead of our City. Are We limiting this to just City citizens who will be buried here? Is it only going to be for the benefit of the City? Are sales going to occur all over the county? There's nothing in this RFP that speaks of who's going to benefit from this. There's nothing in the RFP that speaks of the need for this. The only thing we speak of is, is this City's budget so overstrapped that it needs to seek some developer who will pay to mow the grass and take care of an existing cemetery that's been here for almost a hundred years. And if we come to you, and this group of people f rom the temple has come to you, time and again, and said, "It will hurt our temple. It will hurt the people who have contributed to this City for 65 years." Is it your place to say, "So what?" Today we need 470,000. We disregard what you've done. My law firm employs 150 people. We pay taxes in the City. We rent space in the City. From that rent, taxes are paid to the City. Martin Fine is a member of our temple. He has contributed many things to the City, as you well know. I saw T. Willard Fair in the auditorium. When his offices burned down, he moved into our temple facility. We gave him space. Our Rabbis have been the leaders in the civil rights movement. When things needed to be done to feed people, we did it. We came forward and helped this City and this community. We have come to you and asked you, "Don't sacrifice us for $70,000." And we beg you not to pass this RFP and to disregard this thing and forget about it. Dennis Kainen, Esq.: Mr. Mayor, Honorable Commissioners, my name is Dennis Kainen. I'm here on a pro bono basis also. I work at the law offices of Alan Weisberg at 1401 Brickell Avenue, Suite 910, in the City of Miami. I was with you all, the last time, I think it was in March, and I told you a little bit about the fact that we had a founder's day and that I helped start an organization called the Friends of the City of Miami Cemetery. And Mr. Alhadeff's talk was, I thought, was from the heart. It was brilliant. I just want to give you just another perspective and that's the historical importance of the cemetery. As all of you know, the City mother, Julia Tuttle, and fathers of the City are buried at the cemetery and I would compare the cemetery to a lot of other places. For example, in Boston, where they have historic cemeteries, in Washington, where we have monuments and memorials to the people that were so important to those particular cities. I would beseech you to look at this cemetery, not as a place that we should be making money on or help improve the budgetary constraints of our City. But look at it from a visionary and dreamer's standpoint. What could we do with this cemetery to make it a place where we could help remember those who came before us? And it's those dreamers and visionaries like Julia Tuttle, like all the early mayors who are so important to the fact that we all are here today in this wonderful and great City. By forgetting about these dreamers and visionaries, I think we're being very shortsighted, like Mr. Alhadeff said. And I was thinking about, what can we do to commemorate every year these various people? And we had the founders' day this year which I think you all know was supremely successful. We had hundreds of people came, and I just want you to know that this was not my... the organization that I help found was not one that was just isolated in the community. We had cosponsors, including Miami Pioneers Club, the Natives of Dade, the Black Archives History and Research Foundation of South Florida, the Historic Museum of South Florida, Jewish Genealogical Society, Faith in the City, Dade Heritage Trust, American Jewish Committee. All these groups came forward and joined us in helping celebrate founders' day commemorating Julia Tuttle's birthday. And, as I was thinking about it and trying to view it from a visionary viewpoint or from a dreamer viewpoint, because those are the people that are buried there, were the dreamers and the visionaries of our community, I thought, what can we do on a yearly basis to help heighten awareness of our historic past and our important past? And I thought, every year, we can have a founders' day, but we can have a founders' day with a different premise every year. Have a founders' slay and help commemorate something. For example, Mr. Mayor, all the early mayors of Miami are buried at the City cemetery. It's stagnant, it's a stagnant... Mayor Suarez: I'm dying to... 79 July 12, 1990 s comisstiotier Plumnars t#ave you got a reservatiohl Mayor guarest;t I'm dying to hear the implication of your propos:al, for e future... — Coanissioner Plummer: For the good of the community, that's one I'll do pro Bono. Mr. Kainene Mr. Mayor, it's a... thankfully, it's a stagnant Cemetery in that $= you can no longer buy any burial plots. It's only if your family has bought... Mayor Suarers I guess I should take that as good news, I don't know. Mr. Kainens Well not, of course, if they're going to be building a mausoleum. — I don't know they would have a Mayor section in the mausoleum, but the bottom line, Mr. Mayor, and Commissioners, is that I was thinking about it and I thought, perhaps, next year 'around January, around Julia Tuttle's birthday, January 14th, we could have a founders' day commemorating the early mayors of Miami or the mayors of Miami. We could bring together all the individuals who are now around whose relatives were mayors of Miami. We could bring together some of the past mayors of Miami. We could have a commemoration on founders' - day. There's so many things that can be done at the City cemetery to heighten our awareness of our past, things looking toward the future. And I do want to point out that this City cemetery, we call it the City cemetery because the = City owns it. It's been with the City since 1897. The City was incorporated in 1896. There are very few cities in this country that can say that they have a cemetery that has existed from within one year of the founding of their city. Fifty years from now, seventy-five years from now, a hundred years from now, two hundred years from now, imagine having this wonderful City cemetery, having a annual day commemorating our past and being able to all come together and say, the City fathers and mothers in 1990 had a vision and had a dream and said, "The buck stops here and we're going to go ahead and we're going to have little sensitivity to our past and look toward our future." And that's why - I'm against it. Thank you. Mayor Suarez: OK, thank you. Anything further? -quickly, please. Ms. Angela Sacher: I'll be brief. I'm not a lawyer and a little nervous so I'll be as brief as I can. I'm a resident of the City of Miami, my name is Angela Sacher, my husband Bart and I live at 520 Brickell Key Drive. My husband is a partner in a law firm located at 1110 Brickell Avenue. My husband works incredibly long hours. We go to Temple Israel because it's in our neighborhood and it allows us an opportunity to worship. It scares me to think that Temple Israel might not exist in the future because of the ambiance° of the neighborhood. We would ask that you consider the kind of development in that neighborhood that would cause it go grow and would allow other couples, such as ourselves, the opportunity to worship. Thank you. Mr. Alan Heilig: Mr. Mayor, Commissioners, my name is Alan Heilig, I'm the executive director of Temple Israel. One of our concerns is what kind of development will develop in the area that might have an expanded or two large cemeteries? I doubt very seriously if housing for young families who could grow with Miami as it grows, would be the kind of folks that would live there. Moreover, in your Omni area development plan that was approved in September of 1986 and amended in 1987 and covers the area from N.E. 12th Street to N.E. x 20th Street, from the railroad tracks on the west to the bay in the east, as_I ,« have read this, I find no mention of a cemetery expansion being a part of the area development plan. It's not that old, September 186 is lose than four years ago. And it would seem strange if this is such an important area of development for the City that it wasn't in your plan. Thank you. Mayor Suarez: All right, Commissioners. Anything further on this item? Mr. Morris Green: Yes, I'd like to say a word or two, Mr. Mayor, it I may. a Mayor Suarez: OK, I thought we'd closed off public debate but I'll give you a minute, please. Mr.Green: My name is Morris Green, I live at 295 Shore Drive East. I've been a taxpayer here for 45 years, belong to Temple Israel for 44 years nand ' 80 ,July 124 199,01 f t one of the worst things that can happen is that they put a mausoleum in there, I'll tell you my thoughts are this. The temple has been there, the temple has done things for handicapped children, they've fed the poor, they've done a number of things. I don't Kant to go into it because it's been talked about. But I think the City Commission should give it a lot of thought before they decide to put a mausoleum in there. Thank you. Mayor Suarez: Thank you. I tell you, it had been my hope that by involving representatives of the temple and otherwise, of the community, that at this point, we mould not have to be faced with at least one component of this, which is the lack of a limitation on the massiveness and the height and the other, you know, zoning aspects of it and planning aspects of it. And I'm troubled by that. It just seems like that was the whole purpose of involving the community and the temple members and other people who were concerned about what impact this may have. How it might overwhelm the neighborhood as opposed to improving it. I do disagree with the argument that having a mausoleum of any sort or having some private involvement in this cemetery, that we have not been running particularly well for many, many years, would somehow be denigrating to the area. It is our hope and it has been our hope that it would have exactly the opposite effect and I have to say, I disagree also with the notion that it's somehow aesthetically unacceptable or incompatible with the temple, although I'm not an expert in those matters. But, at this particular juncture, I have a lot of problems with an open ended RFP on the massiveness and I don't know why we didn't have, from the administration, an acceptable, limited, constrained, proposal that at least would have met those concerns of this Commission and of the community. Commissioner Plummer: See, I don't know of a mausoleum in this community that exceeds four floors and, you know, I almost feel certain that you've got to put some limitations because if not, then we're going to be faced with decisions based on the maximum is going to be based on the return and I don't think that's what we should be doing. I could not vote for the RFP without some kind of a maximum height being placed on the structure. Commissioner De Yurre: Such as? Commissioner Plummer: Well, I'm not, you know, that's why I asked before, was there a maximum height? Commissioner De Yurre: Well, why don't you... Mr. Dailey: Commissioner, most mausoleums are four to five crypts high. If you want impose a limitation in this RFP to comply with those restraints, we'll do that. Commissioner Plummer: No, no, I'm not talking about the crypt now. Mr. Bailey: Well, that's the mausoleum. Commissioner Plummer: That's five high on a floor. OK? That's five... Mr. Bailey: We're talking about stories. Vice Mayor Dawkins: Make a motion for the number of floors that you want, J.L., so we can get out of here. Commissioner Plummer: No, no, wait, wait, whoa, whoa. Wait a minute. Fine... Vice Mayor Dawkins: Well, do that. Commissioner Plummer: A maximum of - what's the surrounding area? Mr. Baileys Well, what's in the... Commissioner Plummer: area? What's... ...what's the general of the buildings in the general Mr. Bailey: Well, we have a fire station there and we have a... Mayor Suarez: What's the height of the temple? U July 12. 1990 s UNIDENTIPIUD SBBAAK Rgt Two stories. Commissioner Plummer: Two stories? Mr. Baileys The temple is about almost three to four hundred feet away from the site. It is nowhere close to where we're building the mausoleum nog does ,n the traffic pattern... Commissioner Plummers That's not my point. OK, I understand what you're saying, you know... I would this and I would hope for.... Commissioner De Yurres J.L., if you're saying that there are none bigger than or higher, than four stories around there, you know, to whatever the average is, to whatever is out there. You know, we're not talking about a ten story building here. Commissioner Plummer: Well, that's what I want to make sure. Commissioner De Yurre: Well, then, limit it to five stories or four stories or whatever. Commissioner Plummer: How about a maximum of 50 feet high? Vice Mayor Dawkins: How many stories is that? Commissioner Plummer: That's up to them. Vice Mayor Dawkins: Them who? Commissioner Plummer: Well, you can make a mausoleum one floor... Vice Mayor Dawkins: And make it 50 feet high so you got nothing. Commissioner Plummer: ...and make it 50 feet high. Vice Mayor Dawkins: That's right. Commissioner Plummer: So, I'm saying, rather than go to a story, which is usually accepted as 10 feet, make it on a basis of a maximum foot, rather than stories. Commissioner De Yurre: Well, 50 feet from ground level because they could go down if they wanted to. Commissioner Plummer: Yes, that, to me, is acceptable. Commissioner De Yurre: I got no problem with that. Is that your motion? Vice Mayor Dawkins: Somebody... Commissioner Plun ner: I'm not making the motion. Look, I've been accused that this is my baby and I'm not a party to it in any way, shape, or form. Vice Mayor Dawkins: I'll make the motion -- I'll make a motion that it be limited to four feet. That's my motion. Commissioner De Yurre: Four? Commissioner Plummer; Four feet? Vice Mayor Dawkins: Your stories. Commissioner De Yurres OK. Commissioner Alonso: I know why he was so glad, four feet. Commissioner De Yurre; Not to exceed 50 feet. 82 i;+crmissioner Plurmmers And if each... s 131 SA — Vice Mayor Dawkinas Four stories, hot to exceed somebody over there in the Planning Department, a builder what is.... Mayor Suarers What is the typical equivalent of four stories? Vice Mayor Dawkines Four feet... four stories equal how many feet? Mayor Suarers What is the typical equivalent, please. Mr. Olmedillos Between 40 and 50 feet. So, if you place a 50 foot... Vice Mayor Dawkins: All right, forty, fifty... all right, I make a motion that and I hope that the public discussion is closed... Ms. Orovitzs Point of information. Vice Mayor Dawkinas All right, public discussion is closed. Commissioner Plummer: Well, wait a minute, for clay... OK, public, but I can talk. Mayor Suarez: Yes, and they... Commissioner Plummer: I'm telling you that you're speaking when you say four floors, you could be a hundred feet high.f Vice Mayor Dawkins: No, we just put a maximum on it. Four feet - maximum of four... Mayor Suarez: Stories. Commissioner De Yurre: Four floors... Vice Mayor Dawkins: ...a maximum of fifty... Mayor Suarez: Or fifty feet. Commissioner Plummer: Ah, ah, ah, OK. No, that's different. Mayor Suarez: All right, with that provision... Ms. Orovitzs Point of... Mayor Suarez: ...clarification. It better be a clarification. Ms. Orovitz: Point of information. Mr. Bailey is right. Now, the mausoleum is not going to be directly across the street from the temple which is two stories. Instead, it will be across the street from single family residences which are one story. Mr. Bailey: There are no residences in that location. UNIDENTIFIED SPEAKERS: Yes, there are. Mr. Baileys Not on that street. Mayor Suarers All right. Anyhow, there are some in the general vicinity and if they're single family, they're probably not higher than one storyi maybe two stories. Commissioner Plummer: Let me put another thing on the record, Mr. Mayor. I don't know where this magical number, Mr. Bailey, came from of a return to the City of $76,000. And I... Mayor Suarers To cover the operating costs is the idea. Mr. Baileys That's not return, that is the cost of our operation to date that was provided by the Parks Department. 83 July 12, 1-900 ^,R A. f E. Commissioner Plusaer: Wells OK, then let me tell you that you're speaking 6f S1000 erypte. First of all, I don't know whether or not the PYP contaifte *hether that's for one year, 20 years, or infinitum. INAUDIBLE COMMENTS 140T ENTERED INTO THE PUBLIC RECORD. Co=issioner Plummer: What? INAUDIBLE COMMENTS NOT IMRSD INTO THE PUBLIC RECORD. <'a Commissioner Plummier: That's infinitum. OK, remember, the State of Florida requires the purchase price of every mausoleum or grave, 15 percent has to be contained in a perpetual care fund infinitum. Mr. Baileyt We're aware of that and that's included. Commissioner Plummer: And let me put it to you this way. If you're still - talking 5,000 crypts, you're talking about in the area of $2,000,000 and $76,000 is not going to be enough to satisfy my vote return to this City. Mr. Baileyt Well, that is not what we're expecting. The $76,000, which was mentioned by the public, was merely a figure that was provided to them by the - department to indicate how much it costs us today. We are pretty sure that the return is going to be substantially more to the City. i Mayor Suarez: Do you want to have a minimum return to cover the operating j expenses? All right, anything further from the Commission? h: Vice Mayor Dawkins: Yes, J.L. Plummer has said two, three times today that the City of Miami needs money and this is no different. This is a revenue producing entity and we are trying to get money for the City of Miami. Mayor Suarez: OK. Vice Mayor Dawkins: Call the roll. Mayor Suarez: We have a motion and a second, do we? Call the roll, please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: { RESOLUTION NO. 90-531 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) ON JULY 26, 1990, IN SUBSTANTIALLY THE FORM ATTACHED, FOR THE UNIFIED DEVELOPMENT OF MAUSOLEUM USE ON CITY"OWNED PROPERTY LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE ON NORTHEAST 19TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, SAID RFP TO INCLUDE AN OVERALL HEIGHT LIMITATION OF FOUR STORIES OR NOT MORE THAN FIFTY FEET FOR THE MAUSOLEUM STRUCTURE AND PROVISIONS FOR MAINTENANCE AND IMPROVEMENT OF THE ADJACENT CITY OF MIAMI CEMETERY; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. (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 Miller J. Dawkins NOES: Commissioner Miriam Alonso Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm voting yes on the RFP. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:09 P.M. AND RECONVENED AT 2:37 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 25. BRIEF STATEMENT FROM REPRESENTATIVES OF PEOPLE UNITED FOR JUSTICE REQUESTING INVESTIGATION OF RECENT INCIDENT INVOLVING MEMBERS OF HAITIAN COMMUNITY AND THE POLICE. Mayor Suarez: On the letterhead of People United for Justice, I have the following message or request. How about - where's Bill? How about if I read the second paragraph, which I think is pretty complete, into the record. And I know you're requesting a full fledged hearing which will probably be the second meeting in July. Second paragraph on that issue says: "We believe the police action (referring to that that took place on July 5th, 1990) to have been an abuse of authority and force. We are not alone in this belief for other black organizations such as NAACP, Haitian Refugee Center, SCLC, Black Lawyers' Association, Miami Herald, and TV news reports have viewed these actions as a use of excessive force. On December 18, 1989, we, People United for Justice, wrote some members of this Commission of the danger of entertaining an inflammatory attitude of some of the police towards the black community. We're here again for this problem in less than a year's time. This blatant misuse of police powers cannot be ignored or wished away. Therefore, we request that there be an independent review of this incident. We believe that this investigation is an essential step towards the healing or our communities." And it is ei ned by Harry Hosten. UNIDENTIFIED SPEAKER: Yes. One point, the Miami Herald is not a black _ organization. Mayor Suarez: Oki I didn't think so. In fact, there are some who criticize a them for rather inadequate representation at the higher levels. People United for Justice is the letterhead and the P.O. box is stated and the date is 7/12/00 and it is now ordered into the record and we will, of course, accede to the request for a hearing. _ yY Commissioner Plummer: Excuse me, Mr. Mayor, for clarification of the record, a hearing before this Commission at the next Commission meeting. Is that �r correct? Mayor Suarez: Yes. Commissioner Plummer: It's not acceding to the request of the letter. Mayor Suarez: Exactly. A hearing to make your... Commissioner Plummer: The only thing I would add to that is that I think that it is very, very important to know a total picture rather than a piece of a picture and I say to you that it is very important that you must include the k two days prior to the day of the actual, what you bring out in this letter, which I was there personally on both of those days... UNIDENTIFIED SPEAKER: So was I. Commissioner Plummer: ...until very late in the evening with the Manager and I think it's very important to see the whole picture... UNIDENTIFIED SPEAKER: I agree... Commissioner Plummer: ...not just a single day. UNIDENTIFIED SPEAKER: I agree, Commissioner. Commissioner Plummer: So, if that's included in that, Mr. Mayor, then I would have no objections to having this come before this Commission. Mayor Suarez: All nighty. Thank you. Commissioner Plummer: I would also, at this time, request, Mr. Manager, that at the time that this is scheduled before this Commission, the gentleman that I stood with most of the time during the two days that I was there was of,the Justice Department. And I would request that that man be present because he and I -stood there together observing everything that went on. UNIDENTIFIED SPEAKER: Thomas Battles. Commissioner Plummer: I'm sorry? UNIDENTIFIED SPEAKER: Mr. Battles. Commissioner Plummer: Whatever. You know who the man is. Mayor Suarez:It's probably Tom Battles, all right. Community Relations, 1iYiot.ic`Ilis..:..wta.+rrs:..��1.:�ciac:roc:v..r:.�.aaa..:r.i+t��+r.ffiw:i...+y.r�i.ueGLa:i..�a...icass.wr+r..rrr.i.rrr...on..lYti:i.sn.r+",_... ` •• .-.•. wa.;iYi�Yw.aaifialY 26. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION A11PROVINd CHIEF PROCUREMENT OFFICER'S PARTIAL REFECTION OF PROTEST RECEIVED FROM MIAMI _ JUSTICE CENTER ASSOCIATION, INC., CONCERNING REQUEST FOR PROPOSALS FOR DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION BUILDING) (See label 29). -------------Wa.btrr.sw.rrr.a.r—wwwwwww----r..a.warw�i��v��.iwi.f.rrYri�ilr4i.Y.YYY Mayor Suarez: First afternoon item. We're going to just keep going through the agenda as quickly as possible. I know Commissioner Alonso has a couple of requests that takes items out of turn. Commissioner Plummert Oh, no. Mayor Suarez: Is one of those now? Commissioner Plummer: No, no. Commissioner Alonso: Yes. Commissioner Plummer: No, no. Commissioner Alonso: Some people will have to be out of time. 23, 24, and 25. They are together and... Mayor Suarez: OK, we're pretty close to getting to those in any event. Commissioner Alonso: And then, after that, item 39, before 4:00 o'clock so = that we can take a break. Mayor Suarez: I know we have Mrs. Warner. I finally got the name. Commissioner Alonso: Yes. It's this building, and then 39, barricades. Commissioner Plummer: Oh. Mayor Suarez: OK, item 23 and 24 are both related to the award of the bid on the GSA. Commissioner Plummer: Are all parties here involved? Mayor Suarez: They should all be here because it was advertised for before this time. Commissioner Alonso: Sure. Mayor Suarez: So that no waivers of any rights or infringements of any rights to be heard. I gather we'll hear first from the City formally. Have we done that up to now? At any prior hearing that I'm not aware of? Mr. Manager, do we need to make a presentation on behalf of the City on the federal building? Mr. Odio: These are official protests, I believe. Mayor Suarez: OK. Mr. Odio: ...that are to been taken up... Mayor Suarez: There's no need to make a formal presentation on behalf of the City? Do you need to restate into the record what the recommendation is? �, Commissioner Plummer: Well, I think you've got a series of things to do before. `i Mr. Herb Bailey: Before we start, Mr. Mayor, one of the proposals is missing, Miami Capital Facilities. The successful one and they need to be here, Mayor Suarez: I'm not sure that they do. That's what ascertain. Does the... Commissioner Alonsoi They are here, aren't they? 87 1 {tO.3 F 11v Mr• Odid: die are recomending that rejecting the protest frog► the Mi#Ai Center Associates and the chief procurement officer says to... Commissioner Plummer- Miami Justice Center Associates. , Mr. Odiot Miami Justice Center. `— Mayor Suarea: OK, I know principals of the recommended bidder have been around here all day. Commissioner Alonso: They've been here all... ' Mr. Odio: And then, the other one is to approve the... to reject the Miami Maintrust Corporation. Mayor Suarez: OK, and we take up both items as to 23 and 24? Mr. Odio: Twenty-five is accepting. Mayor Suarezt OK. So first, we hear from the protests. Mr. Bailey: Yes. Actually, if the protest is upheld, then 25 is almost= automatic. Patricia Kahn, Esq.: OK, right. _ Mayor Suarezt It's sort of moot. OK, because we've never done anything like this, at least in my recollection and I want to make sure we do everything - right. Commissioner Plummer: Again, Mr. Mayor, are all parties involved here? Mr. Bailey: No. Mayor Suarez: All right. Commissioner Plummert Which party is not here? Mr. Bailey: The successful proposer is not here. Commissioner Plummert Then silence gives consent? Mr. Odio: Miami Capital... Ms. Kahn: No, on the... Mr. Bailey: No, they were not aware that it was going to come up. Mr. Odio: They do not have a protest in place. They are the ones that have been recommended. Me. Kahn: Excuse me, my name is Patricia Kahn and I have registered and my address is 2675 So. Bayshore Drive. I am here representing Miami Justice Center Associates and this has to do with the protest issue itself.ti_ Commissioner Plummer: I understand that, but there are three items... Mayor Suarezt That are related. y Su . Commissioner Plummer: ...that are related, 23, 24, and 25. Ms. Kahn: Yes, sir. ,A Mr. Jorge Fernandez: Mr. Mayor, a point of order. `> Commissioner Plummers You're representing one party. Is the party x representing Miami Maintrust Corporation present? j� Commissioner Alonso: Present, Commissioner Plummer: They're not present. They filed a protest„ ; tia July Its 1499 z x .v Mr. Baileys Miami Maintruat hen indicated they will no longer pursue the protest. They're out of it. Commissioner Plummers Well, where is their letter indicating that? Mr. galleys They just don't come up. Commissioner Plummer: No, that's not the point. We've got to deny it then, right? Mr. Fernandez: Correct, you have to follow through with the item. Mr. Bailey: Yes. Mr. Odio: Yes, correct. Mayor Suarez: OK, that's as to twenty... Commissioner Plummer: All right, and is anyone here representing Miami Capital Facilities, Inc.? You are? Ms. Elizabeth Reyes -Diaz: Oh, our counsel's on the way. My name is Elizabeth Reyes. I'm with... Mayor Suarez: You have to get up to the mike and give us your name. Ms. Diaz: OK, my name's Elizabeth Reyes -Diaz, I'm with Miami Capital and our counsel is on his way. Commissioner Alonso: Then we... Mr. Fernandez: Point of order, Mr. Mayor. Because of the protests being considered, due impact on all the parties involved, my recommendation to you would be that you wait until all the parties at interest are present. Mayor Suarez: Thank you. Ms. Diaz: OK, that's no... Mayor Suarers I was going to do exactly that and everybody else seems to be interrupting. All right, Commissioner, you wanted another item, out of order? 27. (A) ACCEPT BID: LANCASTER PAVING - FOR THE BAYSIDE BARRICADES PROTECT. (B) STIPULATE THAT ANY CHANGES OR MODIFICATIONS TO THE BARRICADES WILL RESULT IN THEIR IMMEDIATE REMOVAL. Commissioner Alonso: Yes. Thirty-nine, if possible. Mayor Suarers Where are we in the issue of the barricades, if that's what it sk deals with? Mr. Manager, just a Quick recap where are we, what are we expected to do today? 7;# Mr. Odlos All we are doing here is accepting the bid for sixty-six hundred and seventy dollars for the barricades. We received informal bids from Lancaster Paving being the lowest bidder... that's all we are doing. Commissioner Plummer: May I see a copy of the design? Unidentified Speaker: We don't have one, up here. Commissioner Plummer: You don't have a copy of the design? Mayor Suarers Was this pursuant to a deferral having to do with the bond amount and a request to make it lower? 89 July 120 1190 }rr tt t k 8 Y jv � Rr f } v w F Oammisaioner All tsos but they complied with the request that ire.., "- x: Mr. Jim key: There was a requirement for a thirty thousand dollar bond which ._ they complied with but that didn't solve the problem of payment for the installation of the street closures. Mayor Suareet OK. How has that been solved?... just to get that in the record. Mr. Kays They have come forth with a check in the amount of the contract plus ten percent. Mayor Suarez: They have? Mr. Kayt Right. Mayor Suarez: All right. That settles that part of it. Commissioner Alonsot I would like two things to be clarified for the record that were concerns of the people of the area. First, I think the location of the barricades. There were some houses that were not going to be included, now they are. So, that will I think, resolve one of the problems of conflict. And the other one was with the solid waste trucks. Yes, indeed, emergency vehicles and solid waste will be able to go through the barricades according to the agreement that has been reached. I think that's important that you _ address that. _ Mr. Kay: OK. There are two things that are important here. First of all is - the design of the barricade on NW 70 Street particularly, because it's only 30 feet zoned in width and the pavement is only 15 feet in width, so a vehicle in - essence really can't go down and make a turn and come back at a T. So, what - - has to happen is that, provisions have to be made for commercial vehicles as Commissioner stated, and that is that rather than putting in landscaping in between the curbs of the barricade itself, we are proposing that concrete ribbons, or concrete strips be placed in there so that a larger vehicle can go over the top of the barricade and get to the other side. And that's really the only way that that will work. Vice Mayor Dawkins: OK. Along those same lines then, you're saying that, the garbage truck will be able to drive across the barricade. _ Mr. Kayt That's correct. Yes, sir. } - Commissioner Plummer: You know you are kidding yourself. Vice Mayor Dawkins: OK. All right, now wait. �. Commissioner Plummer: If a garbage truck can drive over it, you know damn well, people are going to drive over it. You're kidding yourself. Mr. David De Anthony: May I say something? _ Vice Mayor Dawkins: OK. And isn't it a law... where is the police department?... that you can't back more than 25 feet?. Mr. Kayt Twenty-five, there is some limitations of backing up, I'm not sure what they are... tK t Vice Mayor Dawkins: It's 25 feet. Mr. Kay: f ... twenty-five feet I think is the number that comes to mind.3 Vice Mayor Dawkins: Ask Joe, there. Commissioner Plummer: You can't back up more thoroughfare. Vice Mayor Dawkins: To what? Commissioner Plummer: Into a main thoroughfare. ae well. It's in to a main thoroughfare, Joe. UI ;t iZ than 25 feet into a main You can back up all you want July 121 1990 � fY • Vice Mayor bawkines I just want to know that we're covered, that's All i steed to know. Commissioner Plumsners He in not a police officer, now. X Mayor Suarazi If that is in fact the case as stated by the dice Mayor, somebody please find it And let's be sure what we're doing. Anything further Jim, while we check that out? — Mr. Kay: Yes. The other point is the exact location of the barricade on N8 70 Street. As you can see, the heavy line in the screen there is the zoning district boundary line and it fogs, as you can see on 70 Street. we've had <_ some difficulty in arriving at a location for the barricade, so, it was placed approximately 80 feet behind that zoning district boundary line as you can see on the sketch, where it says existing barricade, that's where the temporary _ - barricades are right now. Mayor Suarez: Does that make it two residential units into the neighborhood? - for the lack of a better term... the way it was set up. Mr. Kay: Approximately two on the north side, two residential units into the neighborhood. Mayor Suarez: So, it kind of puts two residential units on that street on both sides, outside of their own barricaded district? Mr. Kay: That's correct. We had attempted to work with... Mayor Suarez: OK. Are we going to change that now? Is that... _ Mr. Kay: Well, we are proposing that the location be moved further west so that the residential area can be included in the residential district inside the barricade. Commissioner Alonso: That's fine. _ Mayor Suarez: OK. And it will look a lot like the one here on 27 Avenue.? Mr. Kay: That's correct. Mayor Suarez: Where you have a sort of a little cul-de-sac created. Mr. Kay: Well, these are going to be different than 27 Avenue because we have checked the plans pretty thoroughly and made sure that we have provisions for emergency access this time. k> Commissioner Plummer: Not on aviation, you haven't. I've been bringing that - - out and bringing it out and a coconut tree is still in the middle of it. And I want to see you or anybody else driving an emergency vehicle over that coconut tree. By the way, the coconut tree was put it after you did your work. Somehow, over a weekend it had suddenly appeared. Mr. Kay. OK. We will have that removed. Mayor Suarez: That's called artful planting. Mr. Kay: That ends the presentation on 70 Street. Mayor Suarez: OK. On the rather vehement protest of I know, Mrs. Warner and some of the other folks, Commissioner I know you've been in touch with some of }.- them in those units that would otherwise be left out of the neighborhood, does this satisfy them? Mr. Kay: I really don't know. one person, as I recall, and were, that sort of separated that was handicapped. So... Units three, four and five are all owned by as you can see, where the existing barricades the owner from access to the other properties: Commissioner Alonso: Sure. But now, and include all of these houses, so, included, right? with the new proposal it will be moved it should be no problem, They wilt be 91 11 r. RAy# hays 66ttOtt, %'oi'hmissioner Alonbo: Ott. Mr. Anthony: My name is Dave Do Anthony. - Mayor Su+aross No, no. Wait. You're in factor of the whole plan. Mr. Anthony: Oh no, she just... Commissioner Alonsos No, no. I just nodded. Mr. Anthony: I'm sorry. Mayor Suarez: Anything further? Anyone that has a problem with this that _ wants to make one last statement, we've had plenty of hearings on it but... - Unidentified Speaker: Do we have time for to give a statement? Commissioner Alonso: If she is the person who live there, she should say. Mayor Suarez: That's what I was hoping that we would hear from Mrs. Warner - herself. I guess she is the most affected. You can take that mike in your hand. Mrs. Warner: Yes. I do have quite a problem with that. That's right in front of my house and... Mayor Suarez: Mrs. Warner, can you give us your first name and your address, please. Ms. Warner: Six twenty-five NE 70 Street. Mayor Suarez: Thank you. Ms. Warner: And 633 NE 70 Street, and my daughter and I own 645 NE 70 Street. And my daughter has a blood clot on the brain and she can't manage. I manage = all three properties. And I don't know how we can handle that, I can't get over there to her and I can't... unless I go around with the car and there is no room on that little place to put them between the houses. That's a little 15 foot street, we need all of it to back out. I don't see where you could figure any way of getting barricades in there and letting us have access from our property. Commissioner Plummer: What was the reason of moving the barricades west? Ms. Warner: West? s:ft Commissioner Plummer: No, I'm asking the department. Mr. Kay: We met with Mrs. Warner to move the barricades at that particular 5 location. At that time, she thought that that would be the best location for the barricade. - Commissioner Plummer: No, she doesn't. So, is there any harm in moving them back? Mr. Kay: I personally don't see any harm in moving them back, 'I don't think k.. r they want the barricade at all. Commissioner Plummer: No, I understand that. But, here again, you're saying- that she wanted them moved in the beginning now obviously, she has changed her mind. D r Ms. Warner: No. I never wanted them moved from there. I think where they are, are being left out. But if you leave them where they are, we harass people backing into our property and tying it up, backing into our cars, they pull from the other side and they drive up and around the property. �yy Commissioner Plummers airs. Warner, are you talking about where the dotted ' h line is or where the solid line is? Which one would you favor the lsost?-_ i.; 92 July 1,24'000 x Mfg: Warner. Where they are. You can't put them up in front of ray plats, Mayor Suarez: So, you favor the most, the solid one? 4 f:v _ Ms. Warner: If we have to have them, that's the only place. We donst need them no place, they're giving me fits wherever you put them there, They're <= are giving us tits. They're backing in there... r Mayor Suareas All right, but we're trying to accommodate you to the extent that we can, no, you would like to see them if any where, where the solid line is, which is where were... 1: Ms. Warner: Yes. Where they originally were supposed to go. Mayor Suarez: .., now planning to do it, possibly. Commissioner Plummer: No, no. She's saying the original. Mayor Suarez: She understands the solid line to be the original, J.L. Ms. Warner: Where I asked them to be put the first time, so it would let me out. Commissioner Plummers It's not the solid line. The solid line is where _ they're proposing now. Mayor Suarez: That's right and she understood that to be the original plan. Commissioner Plummer: OK. Mayor Suarez: OK. Jim, you've gone through this with her, Commissioner _ Alonso has, my staff has, we all know what we are possibly about to do is what she would find most desirable, which is to put them over there by the end of _ the zoning district. Ms. Warner: Here is the dotted mark. It's where they are now. Mayor Suarez: Right. - Me. Warners That fifth house is my daughter's. We're selling that. I'll be out of the barricades, I've lived there thirty-three years and I've never been broken into, I'm not worried about robbery. But I cannot back out. We park head into our building and I cannot get out of my driveway if you catty -corner that other, up there. Mayor Suarez: Show her the proposed location now. Would that make it better for you there? Ms. Warner: No. That's right in the middle of my building, my second building. Mayor Suarez: Show her... the line is across the street, please Jim, not... Mr. Kay: Right here? YRa Ms. Warner: No. x Mayor Suarez: Right there. KY, !Y Ms. Warner: That's still... you're taking away my parking, I can't back out. tl Commissioner Alonsos Well, we will never build a barricade that will block ay _ driveway, for sure, Ms. Warners In that small, tiny street, why do you need a blockade? That's just a counterpart. — Mayor Suarez: Well, we've debated that many, many times here. We've debated that, Mrs. Warner. We're trying to just make it acceptable to you and... Coa missioner Plummors If I'm not mistaken, she likes the dotted line, not the solid line, — 93 July 1 ;.1990 ie .v. r yty 7 ti J.�%� �� � t'`k !� 52� _.•#� �q v�'Ci 3,"�.5 \ � � ""i a` rT } S _ _i s s Ca tirsmioner Alondot Oh: Coteaitiesioner Plummert When she is not barricaded in on the dotted iin64 me, Warnert In order to keep it away from my property, leave it where it is - now dotted f, - {w Mayor Suarext She doesn't like it anywhere. Commissioner Plummert No, I understand that. Ms. Warners We don't need it on that street, at all. Commissioner Alonso. Well, is she saying that she will rather have it... that one, is it better? _ Me. Warner: Yes. — Commissioner Plummer: Yes, exactly what I'm saying. Commissioner Alonso: Oh, well. no problems. Commissioner Plummer: Then she is not barricaded in. Unidentified Speaker: But what about the fellow in sixty-seven? But what about the fellow in apartment sixty-seven? Oh, Susan, parcel sixty-seven is somebody we don't know and he has been excluded. I don't believe that anybody has spoken to him. I mean, we know Mrs. Warner has two of the three. t Ms. Warner: He don't want the barricades any further up either. I know him — personally and he don't want them any further up. If you're going to ribbon in the street, put it down there where they can go through slowly. All the - trucks come through there, some of them hit that barricade and knock it, all = the way into my yard. Commissioner Alonso: Well, I really think for the sake of .being fair, we discussed the issue of the barricades, this Commission gave a majority vote in support of the barricades, now we came back with the question of the bond, now we are back again and now, in order to accommodate and to keep a neighborhood without having problems, we were working out moving the barricade a little bit - further. If they don't want it where it is now and they want it build where the solid line is, we could do that at this time. If they don't want it, we can build in the existing barricade now. But I think that's the only issue .of E•_ concern because the question of the barricade I think, it's a decision that' this Commission took before and I think as far as I'm concerned, it stands, unless the legal department tells me otherwise, I think it's not the topic that we we have in front of us at the present time, is it? - Mr. Fernandez: No. You're correct. - Commissioner Alonso: OK. Unidentified Speaker: I have housekeeping questions. Am I on? °ty. r Commissioner Plummer: Yes. Unidentified Speakers OK. Well, I have housekeeping questions and the first 'f one is that if the homeowner or the property owner in unit sixty-seven does'_ not specify in writing to the City, do we have liability if we lock hits hut? ._ But there is an issue Mr. Dawkins raised that I had as f or as housekeeping in r legal questions. On both 70 and 71 Streets, they're both 70 and 72 Streets, they are both very narrow they don't have swaile or curbs. Not only.,.. what$ are we going to... we still have to make accommodation I think, for the largo ' trucks and the commercial trucks not to have to back out to get out on 70 Street because it's very twisty and turny, they couldn't back out even It they could because it's too hard to get around the circles. But they're not x permitted to back out and I had legal question for the City because the UPS driver, for instance, in the western part of 72 Street, he can only turn around by using driveways. When he moved the barricades once, he was .reported to his boss and his boots told him he shouldn't move the barricades and be is �} not allowed to back out. So there is no way out except to us*priXete; k 94 July IX 4999 f 1 1 4 a x S jA property to turn around. And the same issue exists on 10, Seventieth Street T; also is not passable, Miss Luveland who is here and nervous to speak in front of a group, she lives near the barricade but if any large vehicle is east of her on the street, she has no way to leave her house unless that vehicle exits the street first. So, if she doesn't get out before the garbage truck or the recycling truck, or the Jewish Nome for the Aged bus or the Crystal Water fallow, then she has got to wait for them to finish and leave before she can leave her house. So, these were legal questions that I had that may have been overlooked in the decision to barricade. The other housekeeping question I had was, if barricades are going to go in, I think, 12 and 70 Street are not good streets because of these projected liabilities for commercial vehicles that are not permitted to back up and cannot turn around. But I thought, in January, the resolution said that the homeowners, the residents would maintain barricades. At the May meeting, I was confused about the issue of maintenance - because I thought that the pro -barricade people made a very valid point when they said, if we have to put up a $30,000 bond and it's for maintenance, that goes on and... '- Mayor Suarez: Let's get that clarified before you have a whole dissertation here. Unidentified Speakers Right. Because if barricades... Mayor Suarez: Wait. Unidentified Speaker: OK. Mayor Suarez: On the issue of maintenance, Jim, what's the story? _ Mr. Kay: After the construction of the barricades, there is a maintenance performance bond in effect for up to one year. Beyond that time, then the - City takes up maintenance. Unidentified Speaker: And Mr. Mayor, my point was that if barricades are erected of any sort that force commercial drivers to break one of two laws, either the backing up law or the going over the barricade law, and he chooses to go over the barricades, they will be in constant need of repair, at our = expense. Mayor Suarez: I would suggest Jim, and assuming this stands as previously stated and clarified by Commissioner Alonso, I would suggest that you look at all of those points and see what the most logical signage would be. The _ street cannot be so narrow that even if there is a service truck, that she would not be able to drive with her automobile. If that's the case, we may have a problem, we may need to have a broader, wider surface there. And all the other legal points that she has brought up, I don't know what the signage ; should say, maybe the trucks shouldn't go beyond point, I don't know. But we have to be absolutely, you know, clear on all that and if they have to violate one of two ordinances to get out, then, we've got to solve that. Mr. Kay: No. I believe that because the street is very narrow right now, that the UPS truck and so forth, there is problem of getting around them right now. My own street, I have problems with trash pick up, everybody has experienced that, so, you just go in the other direction. Mayor Suarez: One of the things of course you can do is, you can prohibit trucks going beyond a certain point but then, it's going to be some things to be delivered that are going to be quite difficult to deliver. I don't know, I mean, we have to solve that and that's an interesting point. Commissioner Plummer: There's a thing called local traffic only only... Mayor Suarez: Yea. Or, no trucks beyond a certain size to go beyond a certain distance. Commissioner Plummer: ... not that anybody observes it and adheres to it, but in my neighborhood, it says, local traffic only. If I could only stop those fifteen rescue runs a day going by my house... I guess that's a local run tp Mercy. Mayor Suarez: And perhaps, banning of trucks beyond a certain size. (E�'g�,i-..E€�q 'P Commissioner Plummer: Then it becomes an enforcement problem, let's riot kid burh6l*tes. We you know, it's like I have four way stops in my neighborhood. Mr. Mayor, I want to toil you something. At Hallassee and Tiger Tail, if they put a policeman there all day long, they would write a thousand tickets. Mayor Suarez: I got you. Commissioner Plummer: The first month, yes. They adhered to it. Today, (whistle). Mayor Suarez: Talking about enforcement problem. Since you're there at the microphone, Mr. be Anthony, we've gotten now quite a bit... few letters and verbal calls and complaints regarding different confrontations in the neighborhood. The law is going to have to deal with those as per the complaints to the police or whoever they've been made to, and there has been some physical confrontations. One of them, to some extent was witnessed by a member of my staff, who was out there that particular day and I think it had to do with that bus, the Jewish Home for the Aged bus. I want to warn you and everyone else in the neighborhood that no one has the right to enforce any of these things. The best you can do is to call the City. Jim, here, will be attentive to your phone calls I am sure, if somebody is moving the barricades, is tampering with them, is changing them or is otherwise messing around with them, but you cannot take the law into your own hands and that applies to you or anybody else in the neighborhood. Let us not have violent confrontations growing out of this effort as much as some of us dislike the way it's being implemented and I understand why, because if you're on the wrong street, it's not going to help you, and it might actually complicate your lives in many, many ways. We want to make sure of course, it's legal and that's what Jim's going to have to, and the staff and the City Manager is going to have to follow up on. But no taking the law into your own hands, nobody is in charge of those barricades, nobody is the principal sponsor or the owner or anything except a neighborhood as a whole in the City to enforce the structure the way it should be set up. Commissioner Plummer mentioned the planting of things on the barricade, you cannot do that so please, just let's get that clarified and then, I guess, there will fall out of some other complaints that have been filed back and forth by the various groups, I've never seen anything that reaches this point but it's really a... and no threats, please, no threats by anybody, you're just going to get yourself in trouble. Unidentified Speaker: We have another enforcement problem that we need help with. Mr. Mitchell here who is with the walker has a dog bigger than his wife and when he walked the dog on 72 Street he fell down and broke his pelvis and his leg, his dog's too big. And on 72 Street, if you live there close to the barricade, you have an extra two mile drive everyday, one mile in and one mile out, and what the. residents are doing I believe, because it looks like pretty much the same cars all the time, is they are parking their cars right outside the barricade up against the temporaries and walking around. We have a restaurant there, the Ranch House but they don't do much business anymore and they close at nine. The emergency vehicle couldn't pick him up through the access because the cars use it for a parking lot. What I'm concerned about enforcement is, if we could ask you to please put tow away zones and tow them. But then does that become a constant issue where if you're not by in a week, they leave the cars out there again? Commissioner Plummer: Another case, it is another case. Let me tell you, Mr. Manager, again my office is receiving complaints as I'm sure the rest are. Over here at the boat ramp there are ten signs now in place that says only care with trailers can park here. Last night, sir, I counted thirty-one cars without trailers parked in that area. It says tow -away, tow -away, tow -away. They are not even writing tickets. The problem that I'm trying to bring out to you, ma'am, you could put signs until you're blue in the face and you know, we just don't have that many policeman that we can dedicate to sit on a corner and enforce the law, and that's what, the only way you're going to be effective. Unidentified Speaker: Then we don't have emergency access. Mayor Suarez: We will make sure that the signs are posted and those tow -away signs, of all the signs that I've ever seen, are the scariest of all, because you keep thinking what's going to happen to your automobile, Commissioner Plummer: Only the politicians get caught. 96 Mayor Suarez: Last statement, ma'am. K Mtn. Alba Mitcheii: My name is Alma Mitchell. My husband had the fail that you just heard about and we called the rescue squad and it took approximately ten minutes to get around 69th and up to 72nd Street. They had to stay there for quite awhile because of my husband's blood pressure and his condition at that time. His blood pressure was 240 over 150 and the rescue squad did what they could while he was there but they couldn't move him, it had to take some time. So, they said they would... in the meantime, they called the ambulance. Well, the ambulance came in through the barricades, they just came in, I don't know how, but they came in through the barricades. So, as we were leaving, the rescue squad wouldn't let Frank go with the ambulance because they have no way to take care of any blood pressure, or anything, in an ambulance, they have only transportation. Well, all of us piled in the rescue squad and he was extremely uncomfortable, he had pains, he thought he had a broken hip, but he had a pointed, whatever they say in football, that's what he had. Mr. Mitchell: I was strapped to a board. Ms. Mitchell: Besides the... he found out he had a fractured pelvis. So, I was in the rescue squad and I said, I don't think you could get out at the end of the street here, but he didn't know that because he thought he saw actually saw the ambulance come in and he said, yes, he could, so, he went out. But he couldn't, everything was all covered up by then. So, all this time is going on, we haven't even been to the hospital, and we couldn't get to the hospital we wanted to go to, we wanted to go to St. Francis, we had to go to Northshore. So, he went all the way up to the barricades, he couldn't get in so he had to maneuver the thing around, go back and down the avenue and then left on 8th Avenue and left on the street and then way back around 69th Street to get out. We finally made the hospital, and you know what happened. I think the time involved is just too much time for anyone who has a very... Mayor Suarez: Would you - not to contradict you ma'am - but would you check down - and I don't think it would be difficult to find - the response time on that fire rescue unit. Was it a small truck or a large truck that came? Ms. Mitchell: It was the small truck, I think. Mr. Mitchell: It was a squared, boxy, it was a fire rescue. Ms. Mitchell: Yes, the fire rescue. Mr. Mitchell: That's what they... Mayor Suarez: It's a small one. I have a hard time believing it was ten minutes and I know that they would have a hard time admitting it was ten minutes but if it was, we ought to know about it because they are still averaging a little less than five and I can't imagine that these barricades would of created an additional five minutes. Of course, that's an average amount, so we don't... Ms. Mitchell: I may not have taken all of five minutes. They got there very quickly but then what happened after they got there, then they couldn't do... you know, there wasn't... they couldn't move him and they couldn't get to the hospital because they couldn't move him. Mr. Mitchell: The fire rescue ma'am, would not let me go by transportation alone because my blood pressure at 240 over 150 well, it was too risky that I might have a stroke. So, they had to take this truck and it's a truck not a van, not an ambulance or a limousine and they took me over these bumps and every bump is an insult, so, I had to go... Alma knows Rob because she was up along side the driver. They took me to the Northshore because there is an arbitrary rule at that time, which I hope will change, that I had to go to Northshore, then although we expressed the wish to go to St. Francis. After we got there then we spend $184.00 to get from there to St. Francis. Ms. Mitchell: Our doctor is at St. Francis. Mr. Mitchell; Yes. Both my bone doctor and my primary care doctors .are at St. Francis and they couldn't come to Northshore but I had to endure the trip to Northshore and the emergency... it was before daylight that I had the 97 July 12., 1990 a Ll accident and it was midnight before i got to St. Prancis. All right. Ott. Thank you very touch for your attention. Mayor Suarez: Thank you, sir. We're going to have to check all of those points that were trade as you implement this, Jim. I can't imagine that we can allow anything that would prevent the... that would create an illegality as we try to improve the conditions in the neighborhood. Mr. flay: Well, I think when you take a look at the temporary barricades, it's probably more that an impediment to emergency access than the permanent barricades. Mayor Suarers Than the permanent ones that are done correctly. if it's related to the issue at hand which is simply the acceptance of the payment and anything else that would have to do with what she called before very ably housekeeping, I suppose. I mean... Ms. Catherine Luveland: My name is Catherine Luveland and I reside at 655 NE 70 Street. I am only two houses away from the barricades and the problem I face twice a week is when the solid waste comes through, they're right in front of my house where I can't back up to go to work, so I'm late about ten minutes twice a week. Secondly, we have all vehicles commercial, local vehicles, that have to back up on my mother's driveway because we are right in front of those barricades. The day that we had the heavy rains, we noticed Florida Power & Light went right over them because they needed access, the west side of 70th Street and there I had witnessed this. Mayor Suarez: Yes, they could be considered an emergency vehicle, we would want them to be able to go through, I suppose. Where would you prefer them, would you prefer them where the dotted line is or the solid line? Ms. Luveland: I would prefer them on the dotted line. No, no, excuse me, can you show me... I'm sorry. The problem we're facing, you have the motel where you have an alley way. Mayor Suarez: Where would you prefer it of the two?... so we have an idea and we can get on with other items we have. Ms. Luveland: We would have to have them in front of Mrs. Warner's house to be... so she could be included. If we had an alternative, we have no other choice. It would have to be in front of Mrs... it would have to be west of — Mrs. Warner's home at this time. Mayor Suarez: Once again, the best we can do is to give instructions to work with them and find the most desirable location from their perspective. The = rest of the neighborhood happy anywhere you put them. Obviously, the four affected units are lots 3, 4, 66 and 67 as you show it on the sketch, Jim. e OK. Ms. Warner: It's already in front of my daughter's house. - Zw Mayor Suarez: But we know, we are about to make them permanent that's why we - are wondering what's the ideal place from your perspective, not that either one of them is ideal, but preferable, I guess, is the correct term. We �—` can leave that up to their determination, can we not, Mr. City Attorney? Mr. Fernandez: Whose determination? —fi Mayor Suarez: The Manager. Mr. Fernandez: Of course. Mayor Suarez: Thank you. All right, Commissioners. Commissioner Alonso: Yes, I move that we approve, as presented to us, the bid that has been presented to us. Mayor Suarez: So moved. INAUDIBLE COMMENTS NOT EN RED INTO THE PUBLIC RECORD. Mayor Suarez: No, wait, wait, we closed off debate, ma'am. 98 July 12, 1990 � sR Mayor Suaraz: Wa11, hale going to have to solve all of those because, believe me, we cannot afford to implement a plan has some built in illegalities, f guarantee, it will create all kinds of problems. Commissioner Plummert What? Y Mr. Odiot Mr. Mayor, I'm going to drive up there myself and I'll put it in. fi£ Commissioner Plummers Wait a minute, wait a minute, what's the Yahwehs go to do with it? Mayor Suarezt It sounds like it may be about the only way to solve all of this no, anyhow, I second it. Commissioner Alonso: He said that? Oh, please, no. Commissioner Plummer: Did he say the Yahwehs? Vice Mayor Dawkins: Any further discussion? J.L. got a problem. Commissioner Plummer: Did I hear you say the Yahwehs? Under discussion, I would have much preferred to see the rendering of what they look like. But I'm going to take it on your say-so that the rendering is nice, it's in good taste. But I'm going to tell you something. I want a provision in there that if those barricades - you all listen to this... UNIDENTIFIED SPEAKER: Yes, sir. Commissioner Plummers ...are altered in any way, they will be removed immediately. OK? If I go up there and find a coconut tree in the middle of - it, or, you know, that's the extreme. But if they are in any way altered, they are to be removed and if that's acceptable to the maker of the motion, I'll vote for it. If not, you lost my vote. Vice Mayor Dawkins: Is that acceptable to the maker and the second? Mayor Suarez: Yes. Commissioner Alonso: Yes, I think so. If anyone is seen tampering with the original barricade, it really should be penalized and I think it's a question also of the Police Department. No one should be doing things like that, so... Mayor Suarez: It's a built in incentive for policing by yourselves of what people are doing, but don't take it into your own hands, just call us, please, and report it. Mr. Fernandez: Point of order. It's item 39 that's in front of you that you're passing with a modification made by Mr. Plummer. That's correct? Commissioner Plummer: Correct. Vice Mayor Dawkins: Is there more discussion? Hearing none, call the roll. r The following resolution was introduced by Commissioner Alonso, who moved its adoptions RESOLUTION NO. 90-532 r, A RESOLUTION ACCEPTING THE BID OF LANCASTER PAVING IN THE PROPOSED AMOUNT OF $6,670.00, FOR THE BAYSIDE K BARRICADES PROJECT, WITH MONIES THEREFOR ALLOCATED FROM AN ESCROW ACCOUNT ESTABLISHED AND FULLY FUNDED BY THE BAYSIDE RESIDENTS ASSOCIATION, IN THE AMOUNT OF $6,670.00 TO COVER THE CONTRACT COSTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Hera follows body of resolution, omitted here and on file in the Office of the City Clerk.) f j 99 July 12, 4990 � ft i f �� 1 k go ;R E. - =. Upon being seconded by Mayor Suarez, the resolution was psseed slid t adopted by the following votes �y— AYNSs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez !t NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL GALL: Commissioner Plummer: Because the lawyer has raised the question, can we attach such an amendment to the original contract on this motion? Is that - legal? This is actually... Mr. Odio: Excuse me. Actually, this is a contract with a contractor. Commissioner Plummer: This is a bid to award a contract. - Mr. Odio: What you're giving us instructions to us that if they tamper... - Commissioner Plummer: Not they. If they are altered in any way other than t the renderings, they are removed. Mr. Odio: That's why I'm saying. If they are altered... UNIDENTIFIED SPEAKER: If somebody else comes and watches them, they're going to take them away. - Mr. Odio: But they has nothing to do with this contract is what I'm saying. Commissioner Plummer: OK, I'm saying, where do I get that protection built in? - Mr. Odio: Just tell us in a resolution that this is what you want. Commissioner Plummer: OK, so you want that then in the form of a resolution after this vote? z Mr. Odio: Yes. Mr. Fernandez: Correct, that would be the best way to do it to ensure..._ Commissioner Plummer: What happens if that resolution doesn't pass? Mr..Odio: Then you're in trouble. We'll do it any... Ms. Hirai: Excuse me. Commissioner Plummer: Then I get a new Manager to recommend how I do things. 1 { Ms. Hirai: Mr. City Attorney, why could.... 4' }ar Vice Mayor Dawkins: Pass the resolution first. r�= UNIDENTIFIED SPEAKER: I have a question, if I may, you're... Mayor Suarez: Wait, wait, wait, wait. Vice Mayor Dawkins; Hold it, hold it. We're going to get rid of this item. OK? UNIDENTIFIED SPEAKER; Huh! g All public discussion is closed,. Vice Mayor Dawkins: We're going to do it up here. ahead, 100 :.s t Mr, Odiat Hod you AjPpr6Ve this. We award the bid And wa go ahead and put the x barircAdea, flow, you base another resolution. If the barricades are altare in any way, we will remove theta. Commissioner Plutomer: OK. Vice Mayor bawkin:as OK, all right, so we got to do this first. Mao Hirai: Excuse me. Commissioner Plummer: OK, let's go ahead. I'll vote yes. Vice Mayor Dawkina: All right. Ms. Hirai: Mr. Mayor, just one comment. In the past, whenever...— s Mr. Cdio: Wait. What if there is somebody else... - Mayor Suarez: Mr. Manager, please. Vice Mayor Dawkins: Mr. Manager, you and J.L. go outside with your private conversation. Go ahead, Madam Clerk. Commissioner Plummer: Who the hell is that down there? 3 Ms. Hirai: It is really a question of the City Attorney. In the past, whenever a condition has been affixed to a resolution, we have handled it by a ;ram foot note at the bottom of the document. Why couldn't we do it this... - Mr. Fernandez: Because this resolution has nothing to do with the homeowners or with the neighborhood or anything. This is a separate resolution authorizing the City to enter into a contract with a company that would erect the barricades. Mr. Plummer's condition attaches to the relationship between the City and the neighborhood and there was a previously passed resolution that agreed to consent or to approve these barricades and that is a resolution that needs to be modified to put this condition in. Commissioner Plummer: We'll do it through a resolution. - Vice Mayor Dawkins: Continue the roll call. Commissioner Plummer: OK, all right, fine. COMMENTS MADE FOLLOWING ROLL CALL: sf- Vice Mayor Dawkins: Now, J.L... Commissioner Plummer: I now offer a resolution that any deviation from the - any modification of the barricade from that which is in the Building Department's hands would be cause to remove the barricades. "= Mayor Suarez: So moved. - Vice Mayor Dawkins: Second. :. �k Mayor Suarez: Seconded. Any discussion? If not, please call the roll. #s rn �� ;e= pk sw Commissioner Alonso: You... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Commissioner Plummer, is it possible to - in order to avoid the feeling that, well, the side that thinks that the barricades are the: best thing in the world, then there is a side who thinks it's the worst thing in the world. Can we say that if something like this happen, the item will have to come to us for final ? Commissioner Plummer: I said, cause for. It doesn't effectively remove it ; immediately. Miriam, my basic concern has been and will Continue to be safety. ON? And if you do it, as I have $pen here in Coconut Grove in which ij that absolutely would not allow emergency vehicle to cross, I am totally opposed. Now, all I'm shying is, I think it puts people on warning,.. 101 July, t2, 1994 k 27 'Y� ,L 'w } y' s Commissioner Aloneot Sure. Commissioner Plummer: ...that if they are altered and they do, in fact,14 create and unsafe situation, that we're going to remove them. Comissioner Alonsot Right. Commissioner Plummert That we won't tolerate them. h— r ;x Commissioner Alonsot OK. Mayor Suarez: With that understanding, we have a motion and a second. Any s further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoptions RESOLUTION No. 90-532.1 A RESOLUTION AMENDING RESOLUTION NO. 90-0062, ADOPTED JANUARY 110 1990, WHICH DIRECTED THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO NORTHEAST 70TH STREET, NORTHEAST 71ST STREET AND NORTHEAST 72ND STREET, NORTHEAST 71ST STREET AND NORTHEAST 72ND - STREET AT THE ZONING DISTRICT BOUNDARY LINE LOCATED AT THE EASTERLY SIDE OF BISCAYNE BOULEVARD IN THE CITY OF _ MIAMI, FLORIDA, TO PROVIDE THAT ANY ALTERATION OF THE BARRICADES FROM THE DESIGN APPROVED BY THE CITY SHALL BE CAUSE FOR THEIR IMMEDIATE REMOVAL; FURTHER, MORE PARTICULARLY BY ADDING A NEW SECTION 4 TO SAID - RESOLUTION. - (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. is ABSENT: None. - 28. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST FROM MIAMI MAINTRUST CORPORATION CONCERNING REQUEST FOR PROPOSALS FOR DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION ;f BUILDING) . Mayor Suarez: Items 23, 24, and 25 are related, I believe. Which ones are? protests? Which ones shall we take first? Somebody give sae some guidance here, please, Mr. City Attorney - Mr. Jorge Fernandez: Yes, you should take the protests first and then item 25, which is the award, take final and last. y 2,. P- Mayor Suarez: OK. Commissioner Plummer:Why don't you make it easy on yourself, Since we've been informed that item 24 has withdrawn their protest... Mr. Odio: Twenty-four has not... 102 July 12* 199 Y 'w�sri a 9 y¢ i' t w s ..i Mayor Suarets Can we read that into the file? Mr. Odios They have not... Mayor Suaret: into the record, rather. Mr. Odiot They agreed with the protest and... Commissioner Plummers They have withdrawal their protest._ Mr. Herb Baileys No, correction. They have not withdrawn, they have just - not " they are disinterested party at this point. Mayor Suarets Can we, on item... Commissioner Plummers Well, why was I told be... - Mayor Suarers Mr. Plummer, please, just give me a chance on it. On item 24, can we then approach it by simply saying, I will entertain a motion to deny the protest since they're not going to make a presentation, since we're all familiar with the City's recommendation? ' Mr. Odios That is correct. Mr. Bailey: Yes, that's correct. Mayor Suarez: Which is to go with one of the other bidders. i1 Mr. Baileys That's correct. Mr. Odio: That is correct. - Mayor Suarez: All right. I'll entertain a motion on item 24 to deny the = protest.... Vice Mayor Dawkins: Move it. Mayor Suarez: ...that is not going to be accompanied by a presentation, thank God. Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-533 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S - DECISION TO REJECT THE PROTEST RECEIVED FROM MIAMI _ MAINTRUST CORPORATION IN CONNECTION WITH THE REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING. (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 votes n AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso ' Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez �. r, NOBS: None.` ABSENT: None. 103 ,duly 12, i��� iitYliiiiYi._'.•--.-...Ii�lY3cfiii+YiJiYLawY.ilYiLrJiii'(Wi�iHi:��i-r�Ni.wir(vii...iiif.a.Yifi'ii'.irr.rY1i�143LiraiYti.Y.iW1i LL:liiilbaMi6iPiii.wiWN'tYb.itJiiiiiYildli M? 29. (Continued Discussion) APPROVE: (a) CHIEF PROCUREMENT OFFICER'S (CPO) � REJECTION OF PROTEST RECEIVED FROM MIAMI JUSTICE CENTER_ ASSOCIATION, INC. REGARDING REQUEST FOR PROPOSALS FOR DEVELOPMENT Or THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION BUILDING); (b) THE 4 CPO'S DECISION TO UPHOLD SAID PROTEST ONLY IN REGARD TO ITEMS II AND = III -DI AND (c) THE CPO'S RECOMMENDATION TO DISQUALIFY T3M (See label xr 2b) Mayor Suarez: Now, 23, protest by - what is the name of your group, ma'am? Patricia Kahn, Esq.: My name is Patricia Kahn, for the record, reading the = sign here. The name of the group is Miami Justice Center Associates. Vice Mayor Dawkins: Pull the mike closer to you, please. Mayor Suarez: Yes, a little closer to the mike so we can hear you. Commissioner De Yurre: OK. Ms. Kahn: Is that better? _ Mayor Suarez: And we have established previously that the court reporter is here on behalf of your client. '- Ms. Kahn: Yes. Mayor Suarez: We have no problem, we'd just like to have on the record who is recording us. Commissioner De Yurre: Mr. Mayor, before we proceed, I received a copy of a letter addressed by Miss Kahn to our City Attorney bringing up an issue whether I have a conflict of interest in this item number 23 and 25. Particularly based on the following sentence. It says here, "Mr. De Yurre is _ a personal attorney of Pedro R. Pelaez and/or companies controlled in whole or in part by Mr. Pelaez." Which I figure that is the extent of the conflict that she is alluding to and I would like, at this time, for her to substantiate this statement. Ms. Kahn: Commissioner De Yurre, I was informed of that by Mr. Corona who said that you had represented that he knew that you had represented Mr. Pelaez. I did not contact him individually. I've also been advised by the City Attorney that they have approached you about this, that the matter has been raised, that you have stated that at this time you do not represent Mr. Pelaez, so that I agree that there is no conflict. But I did feel that in regard to Mr. Pelaez's owning a 25 percent interest in the development of this - project, if it was, in fact, true, then it was a matter that needed to be addressed. I didn't know any other form to address it but this. I'm a novice at this, and if I violate any protocol by not calling you directly, I apologize. Commissioner De Yurre: OK. So then, there's no question as to any conflict of interest. Ms. Kahn: As long as I'm relying upon your representation that you do not represent him or any companies controlled by him and based on that representation, that is true. I have no objection to your participating in r any discussion or voting on anything. I do believe that it was a valid matter - that needed to be addressed based on what I was told and that is solely in - consideration of the extent of Mr. Pelaez's interest as an individual in this particular project. '' Ms. kahni If it's the City... Mayor Suarers Attorney... I've been asking for time indication and help from the City Ms. Kahns OK* I,.. Mr, Odioi I would suggest, wait... Mayor Suarers Wait, ma'am. Ms. Kahns I'm sorry. Mayor Suarezi Or the City Manager. Could I please get some indication of who we want to hear from? Mr. Odios All I'm going to say is that we would like for the Commission... Mayor Suarez: Yes. - Mr. Odios ...to approve the recommendation of the Chief of Procurement that we reject this protest. And it's up to her to say why not. Mayor Suarers OK, all right. Presumably, if she brings out specifics, � substantive arguments, you will answer those if the Commission want to hear" them. If not, we'll stick by the simple recommendation, I guess. Go ahead, ma'am. — Ms: Kahns Yes, that is true. I wish to make a presentation today and _to supplement, in order for the Cosmsissioners to follow along with the presentation, I'm going to be referring to the RFP itself and documents that _ have been submitted by Miami Capital Facilities. To aid in this, I have — �`- packages for the Commissioners themselves to review so that you can follow along just to facilitate this because the documents accompanying this are quite extensive. You could pass those out. Linda Kearson, Esq.: We would only ask that any information -excuse me... Mayor Suarez: Yes, counselor. Ms. Kearsons That we retain the information first of all and that you can only supplement what you've already given. We cannot accept any new - information from you. r Ms. Kahn: I understand. The information that is being presented today is = solely in elaboration of the protest itself. The documents that I am now passing out are the RFP which is part of the public records that you have and = what .I am also including right now are the 15 pages of clarifications and assumptions that have been submitted by Miami Capital Facilities in their proposal which is also documents that they have already which are documents that you have. Mayor Suarers All right. g Commissioner Plummer: Excuse me, just for the record. To the City Attorney. _ Are you telling me that in a protest, and I'm not speaking to this particular'- issue, that it between the time it was heard by the Chief Procurement Officok x" that if new information has come forth, that this Commission is not entitled to hear that information?' Ms. Kearsons That's correct, Mr...: Commissioner Plummer: That's a bad procedure. Ms. Kearson: That's the Nay the procedure is established in the City Code. Commissioner Plummer: I don't give a damn the way it is.. I'm saying that it pertinent information coma before this Commission and is not allowed to be brought forth as this letter here, You're telling nee that they cah:'t bring forth any now information except which was heard by the Procurement Ofiioor- Y� 105 July 12,0 11 at vyr'i t That'a correct because they have... Commissioner plummert That is a bad procedure. What about if they bring up something criminal? They can't be done here and we're going to be in the dark and we can't hear it and they're willing to give us the information? Mr. Ron Williams: Commissioner Plummer, I Mould add that ghat we have before you is a recommendation based on all facts and all information that we had available. Commissioner Plummer: Fine, you want to send it back to the Procurement Officer for new information to be heard again, I have no problem with that. But don't sit up here and tell me I'm going to be the final decision when information which could be pertinent to my vote, cannot be heard by me? No, sir. Mr. Williams: It is my understanding that the information that she's submitting is not new. Commissioner Plummer: I said I am not speaking to this issue, I am speaking to the overall procedure. - Mayor Suarez: When and if the problem comes up of totally new information not related to the other documents and supposedly not admissible at this point, we can make a ruling on that. I'm sure we can figure out a way around it. r Mr. Odio: He's got a good - Commissioner Plummer. He has a good point. Mayor Suarez: Obviously, if there's any criminal allegations or anything, we - can always hear those. I don't care, at that point, what the procedures call for. We will not act if anyone has any new allegations of criminal procedure, - criminal conduct. _ Commissioner Plummer: Mr. Mayor, just let me clarify the record. I am not speaking to this issue in particular... Mayor Suarez: I understand. Commissioner Plummer: ...it is the process I'm speaking to. - Mayor Suarez: Right. - Mr. Odio: What we have here, we have seen before. - x` Mayor Suarez: And the process does seem to be a little unusual, but I guess there's a stopping point at which you simply cannot take more information. Otherwise, we don't have a complete package. Commissioner Plummer: Send it back for the new information. Mayor Suarez: It's a little bit like the five day rule for us, J.L. that we need to have the documents five days in advance. - Ms. Kahn: I'd like to respond. Mr. Odio just raised the fact that part of the package that he has just looked at, he has never seen before. That is m i part... t Mr. Odio: I did not say that. I said the contrary. Ms. Kahn: I'm sorry. I'm sorry. Mr. Odio: I was talking to him, I don't know... Mayor Suarez: There are no procedural problems, there are no procedural impediments at this point. Get on with the merits of the protest, please. Everybody is going to get caught on procedure, we're going to here all day. Ms. Kahn: OK. OK. Well, my purpose today is to elaborate on one aspect of the protest. There was a protest letter that was submitted to the City as required by Mr. Garcia Pedrosa and that was hand delivered on May 25th, 1990. One of the issues raised in that was the nonconformance of the bid itself. 106 July 12,0 1990 That appears on page 4 of his letter. I ate limiting M9 presentation today to that particular item in the protest and also to the Chief Procurement Officer's response. I ate not, by limiting this presentation, giving up the other aspects. I'm merely utilizing it to shorten this presentation. Now, I'm also limiting this today to - I'm going to focus on one issue. And this is on MCF's treatment of the information which is contained in page 15, paragraph six of the REP dated December b, 1989. Now, I have this on the board right here in front of you and - excuse me, so I can get to it. This states that the preparation of the premises for development, the property including all conditions top soil and sub soil on the premises are offered for lease as is. And any work or labor required to conform to applicable laws shall be the successful proposers responsibility at its sole cost. The important language in there is "sole cost" and "as is." The reason for the "as is" language is that there are a lot of environmental concerns going around right now as all developers, including this City, are aware of. It is a standard clause in City contracts to include "as is" language because the City desires to shift all responsibility and liability for soil conditions and hazardous waste, where those conditions are known to exist, to the developer because the City does not want to incur additional cost, additional risks that are not known. In this particular project, there was an introductory letter that accompanied the request for proposals. In the second paragraph, the third sentence, that language says that the proposals submissions must comply with all requirements as detailed in this request for proposals to be eligible for consideration. That is not a polite request. It's mandatory language. Now, continuing, if you would look at your RFP on page 2 in the table of contents, under Roman numeral III, it says, "Submission Requirements." And submission requirements begin on page 9. At page nine it says that the format and content of submissions, says, "The content of a complete proposal submission shall consist of a bound proposal that includes, but is not limited to, completed declaration and forms attached hereto as appendix E, contract terms and conditions as described below, schematic design documents and a sealed envelope containing the bid price." Again, mandatory language. It's not a request. There are no supplements. You submit this proposal, this is your complete proposal. That is it. At the bottom of page ten, and again, this is under the requirements that have to be contained in this submission. At the bottom of page ten, it starts with contract terms and conditions and it says, "This section provides for numerous contract terms and conditions that the proposer must consider when making a proposal. Proposer shall provide specific suggested clauses for inclusion into the agreement to be entered into between the City and the successful proposal." Various standard City clauses included in this section that must be adhered to. Again, mandatory language. The was is" clause. I go back to this particular section here. Now, continuing on, on page it of the RFP itself, it says, "The eventual agreement negotiated between the successful proposer and the City may incorporate other terms." But, again, below that it says, "The agreement shall address, but not be limited to the following terms and conditions," which brings us to the page that's up here before you, page 15, paragraph six, this clause. Now, I want to show the Commissioners how Miami Capital Facilities responded to this requirement. The requirement is, is that it's the developer's sole cost, sole expense, property is "as is." Mayor Suarez: You can take that hand held mike with you. Ms. Kahn: This is the response. It is included in your divisions, it's page three of the assumptions and clarifications. The assumptions and clarifications were part of the proposal. They were not tacked on afterwards. It was included in that bound book. Everyone got a bound book when you had to complete your proposal. In that proposal it says, right here, "Removal of any existing toxic hazardous waste materials will be done by the City at their expense." And if you read the language of the RFP right here, it says that the property is "as is" and all work and labor required to conform will be at the successful proposer's responsibility and at its sole cost. Mayor Suarez: You want to try to get an answer for that at this point because it would be helpful from our perspective in understanding your protest. Ms. Kahn: Either that, or I can continue. However, you choose to do it. Whatever would be most beneficial to the Commissioners. Mayor Suarez: For me to follow it, it's easier for me to just ask at this point, so unless - since you don't have any problem with that. What is the answer to that? She's saying the RFQ letter, I guess, indicated that they 107 ,July 124 1990 x k .x> L "Yi. •'yt - > d.k+a��rtH. 4 4 A,S.r � 5 sSF could not try to pass on the cost to the City for removal of the contamination and yet that's what they're apparently trying to do in what she has under division two, paragraph one. �} Mr. Williams: Mr. Mayor, my review of that particular situation with the department and technical or staff technical committee indicate the firstly, r_ testing was done on the site to snake an assessment as to whether or not hazardous waste was present. 'There was no indication that there was. And, at this point, the committee or the technical committee proceeded with the assumption, based on their testing, that there was not hazardous waste and, - therefore, found the proposal to be in substantial compliance. t' Mayor Suarez: Oh, I see. I guess as... Vice Mayor Dawkins: Hold it, Mr. Mayor. Mayor Suarez: Yes, Vice Mayor. - Vice Mayor Dawkins: You have not addressed the question. Now, the question is, the RFP said this, they sent this. Did the technical review board decide that, if technical waste was there, that this would have no meaning and they - would have to remove it? I mean, her, she's not addressing the issue of what was or was not found. She's addressing the issue that this was the RFP and this wan what was sent in. Somewhere along the lines, that has to be addressed for me. Will somebody speak up please? Ms. Arlene Weintraub: She is correct in certain items and not being an ''• attorney, I'm not sure if it's semantics or what, so please excuse me. The RFP absolutely did set minimum requirements and was very specific about how to be met. - Mayor Suarez: We are only dealing with this one at this point, please. Me. Weintraub: When the proposal submission came in, it is in compliance, _ substantial compliance, with the requirements of that request for proposals. On the item of "as is", there was two levels of environmental assessment that the City conducted and that information was presented to all proposers and had to be assumed by them based on what was known at that time for them to include that in their price which they, all four, to my recollection, did and specifically, the one that we are discussing did address it includes the pricing that would take care of it. Now,hazardous gets into a whole different area. There perhaps, not to my knowledge, but not to anyone's knowledge, could be unforeseen site conditions there and that would be negotiated when we sit down and a negotiating table. We did say that they, ,{ the developer, had to assume the cost and it is our opinion that they did no. I'm hoping I'm answering this specific question. .'- Commissioner Alonso: Yes, I'd like to comment on this. I don't think that it -_ should be negotiated at any time. It has to he decided now, right here, and it cannot be addressed at any other point. It's something that we cannot leave to chance negotiations. It was something that was part of the RFP and it is their responsibility to take the hundred percent, the responsibility, whatever is there, they assume that responsibility. Me. Weintraub: That is correct. - Commissioner Alonso: We cannot go by assumptions that later on we will have s. negotiations. Commissioner Plummer: May or may not. Commissioner Alonso: May? May not? That's not important. We have to make the decision right now. It is the responsibility, period. Hundred percent of it. Commissioner Plummer: Question. Aid this protesting group indicate in your estimation they would or would not pay for the removal? Ms. Weintraub; They indicated yes. Ramon Razco, Rsq.; May I? My name is Ramon Razco, Mr. attorney. I represent Miami Capital Facilities. 108 Comisssioher Plummer: No, no, no. I don't want to hear that from you, wits 11% sorry. I didn't know who you were. I want to hear it from my staff. Mr. Raaco: All right. I'm sorry. Mr. Bailey: Could 1 have your question again, Commissioner? Commmissioner Plummer: My question is, that this group here that is called _ MCM. Mr. Bailey: Miami Capital, Miami Justice. Commissioner Plummer: No, no, no, we're getting our initials mitred up here. This group here. t Mr. Odio: Miami Justice Center. Ms. Kahn: That's Miami Justice Center Associates. Commissioner Alonso: Justice Center. Commissioner Plummer: Miami Justice Center. Mr. Odio: Association, Incorporated. Commissioner Plummer: Wait a minute, is that different than MCF? ` Ms. Kahn: Yes, sir. Mr. Odio: Yes. Commissioner Plummer: All right, then, are you item 23 or 24? Ms. Kahn: We are item 23. Miami Justice Center Associates... Commissioner Plummer: Excuse me. — Ms. Kahn: I'm sorry. Commissioner Plummer: Why are you giving me all of this information on item 24? Is MCF the good one or the bad one? Wait a minute, you're saying that - MCF is the... Mayor Suarez: Let the record reflect that we're not going to use that: terminology of the good and the bad. We can use the ugly though, that would n{. i be'very applicable here. �e Commissioner Plummer: Not only are you ugly, but you're wife dresses you funny. MCP is the one that's supposed to be awarded to. Is that correct? Mr. Baileys That is the one. Commissioner Plummer: OK, now I read from appendix A - I was really asking of this company - MCF requires the City to remove any existing toxic... 2: Ms. Kahn: Yes. Commissioner Plummer: In light of that, how can you recommend the other yr _ company? Mr. Bailey: No, that's not the case. Commissioner Plummer: Well, wait a minute, excuse me. As my good friend, Father Gibson, says, "Black and white do not lie." Would you like me to read it again? Item five of the appendix A, "MCF requires the City to remove any ` existing toxin, hazardous waste material at the site at the City's expeAse." Now, this is, I assume, the report by Mr. Jose Pedrosa... t Mr. Bailey: That's his statement, not ours. Commissioner Alonso: That's the protest. L FY 109 July 12, 1��� f� ayF ie Commissioner Plummar: 'That's his site. Mr. Bailey; 'That's his statement, that is not our statement and Commissioner... Commissioner Plummer: you're saying that they have agreed to do it. Mr. Bailey: No, that is an accusation that that letter is making which cants from a protestor from the people that are protesting. Commissioner Plummer: OK. You're saying that MCF has agreed to pay for it? Mr. Bailey:. We're not saying that, that is what you're reading from somebody eise's letter who is protesting. Commissioner Plummer: OK. Commissioner Alonso: Would you read the answer... Mr. Bailey: We want to get to the points that we are making... Commissioner Alonso: Would you read the answer to the RFP, what they gave for this item? Mr. Bailey: All right... ;} Commissioner Alonso: That's what we should hear. Commissioner Plummer: No, I... excuse me, I have no problem with that but I want to hear it from them. Did they agree to it or not? Ms. Kahn: We - Miami Justice that are getting the initials right. Miami Justice Center Associates submitted a lump sum unqualified bid that include the assumption of all risks and costs associated with any environmental hazards found on the site. Now, Miami Capital Facilities did not. Miami 3 Capital Facilities qualified their... Commissioner Plummer: OK, don't you speak for them. You speak. My question is to you. Ms. Kahn: I'm sorry, yes. i Commissioner Plummer: Did your group indicate that they would, at their expense, remove any and all hazardous toxic waste? It's very simple, yes or no? �s Ms. Kahn: Yes. Commissioner Plummer: OK, that's all right. Now, you're saying to the administration, you're saying that the MCF also agreed to it. Total cost at their expense, UNIDENTIFIED SPEAKER: No, may I? Commissioner Plummer: No, no, no, not if you represent a client. I'm asking sr; the procurement officer who made the hearing. Mr. Williams: Yes, that's what I said earlier that I was told I didn't answer the question. Commissioner Plummer: See, isn't that simple? Huh? Mayor Suarez: OK. Commissioner Plummer: Go ahead. Mayor Suarez: Go ahead. No. Kahn: In response to that, I would submit that - lot me get Me microphone, the moving microphone - I would submit that they have mot bcate if they have done it now, it is a change in their bid after the bids have be 110 July • .' y� Fi .l v 2 opened. Again, if you look at this is part of what they included, you can't igtiore it. It Was 15 pages of assumptions and qualifications. This is not something that Miami Justice Center made up. This is something that was submitted by MCI. And in MC1, as an appendix to their proposal, they gave to - this is their response. Are we going to be responsible for hazardous wastes at our cost? Are we going to remove it? The answer is no. It says here in black and white. Commissioner Plummer: Read it to me. w Me. Kahn: It says "Removal of any existing toxic, hazardous waste materials will be done by the City at their expense." Vice Mayor Dawkins: Show me where that has been okayed as acceptable to them. Me. Kahn: I don't understand the question. Vice Mayor Dawkins: OK, I understand. I want you to understand. Commissioner Plummer: Wait a minute. How could she read that there to me - unless somebody has been playing with documents? You say they agreed to it, yet she's showing me in black and white where they said no. Mr. Williams: Commissioner Plummer, if I may put something on the record that's part of your package. Commissioner Plummer: Please.., Mr. Williams: And that is my response... Commissioner Plummer: No, no, no, forget about my package. Read what she just read to me... _ Vice Mayor Dawkins: Let the man, he's trying to explain it to you, but you won't let him. t Mr. Williams: Well, the reason... Vice Mayor Dawkins: He's trying to explain it, but you won't let him. Mr. Williams: The reason it's important is because this particular issue that she's raising was addressed as a part of this response. And the technical q_ committee provided me with their reasoning, their procedural handling of this " whole situation. I'm in receipt of... as part of my review of all of these concerns, Commissioner, I, of course, asked the same questions and I'mk,- provided with information here from the technical committee that Clearly states, and I'll read you the first sentence of it, "Regarding assumptions and clarifications provided by the development team of Miami Capital Facilities, Inc. as a part of this proposal submission for the design and development of the Federal Law Enforcement Building. I would like to inform you that this information was extraneous to the technical committee's deliberations. , The point here is, yes, you can package anything and throw it on the pile, if you'd like. If the technical committee, which is represented here, did not consider that as part of the proposal and they're attesting to me, as part of g my findings review, that none of these issues were relevant and were considered. My finding did not consider these points of view. Mayor Suarez: OK. If it's short of... if I may try to put it into common sensical language, which is sort of a situation where a requirement wasput into the request for qualifications or request for proposals, but somewhere along the line, it was found that it was simply not needed and, therefore,,was not complied with by the successful bidder. Is that another way of... a Mr. Williams: The information that I'm providing, Mr. Mayor, is that this van additional information that was provided as part of the proposers package and the technical committee sought not to deal with it. .rt Commissioner Plummer: After the bids were accepted? Mayor Suarez: In the process of evaluating the bids, I guess. Mr. Williams: Yes. a 1 July ,i2, 19,0 4 Comissioner Plummer: After the bids were accepted? Mr. Willima: As part of the evaluation process. Commissioner Plumm rs Prior to the bids being accepted? Mr. tilliams: The bids most certainly had been accepted or we wouldn't have the information.'Y Commissioner Plummer: So, it was after the fact. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. } 't— Ms. Waintraubs No, no, no, excuse me. r> Mr. Williams: It was part of the package. Ms. Weintraub: It was part of the proposal's submission. — Mr. Odio: Excuse me, this was a very... there were two steps to this process, three steps. And I think you have to understand the process before you... the technical committee met three times and they evaluated in different rase. And, maybe, if you let him explain it - could you do that? Mr. Bailey: Yes, we want to get to that in just a minute. All right. I just ' want to say one thing to the Commission. You know, this was a very long, very L technical, very tedious, and very comprehensive process. We do need the — chance to properly explain it to you so that we can give you the best information so you can make the best submission. — Mayor Suarez: OK, on this point, you can take whatever time you need, Herb, — but let's get it on the record... — Mr. Bailey: We do need to have the chance to answer the questions. All right. Mayor Suarez: .,.as technical as you have to be, how it is that this particular requirement was not - to use your term - not relevant or somehow' was extraneous to the selection. Please. Mr. Ronald Johnston: OK. My name is Ronald Johnston and I'm with the U.S. - General Services Administration in Atlanta and I had a lot to do with putting- the RFP together. And let me just start with the basic statement about the "as is." "As is" for the site is what you see at the site. The soil borings, the ground water testing, that was all documented by an expert company, two phases of studies to document what is there. What was found was a little oil that contaminated the soil. That's all that was found. So the RFP says... _ Commissioner Plummer: Excuse me, sir. That's fine what you understand it to - be, but I think you'll find, between what is your understanding and the local company called DERM, is a lot different and we went through that, Mr. Bailey, over on 9th. Street. OK? If he's going to get to it because that's not what - DERM says hazardous "as is" is. OK? And we just went through that with the .J Camillus House. And it's a lot deeper than the surface. So go ahead -and max. address it. What your interpretation of was is", which this Commission interprets because we just went through it with Camillus House and one other unfortunate situation, that cost what?-$145,000? OK. Mr. Johnston: Those soil reports are part of the RFP, so the RFP requires '* that you address any conditions that are "as is." So the soil report shown - whatever you want to call it, the contamination has to be dealt with as part t- of the RFP. All the proposers dealt with it and agreed to it. There was no deviation at all in that respect. �Y Commissioner Plummer: As to the paying of eradication? Mr. Johnston: To included in the bid price was the preparation of the site for a building and if soil removal is required, is part of excavation for the r footings, then that is included in the price. The known conditions are them► via the soil reports that were in the RFP. So the soli reports are part of the package. 112 Judy 123 1-90 Commissioner Plummer: All right, now, ray+ City Attorney. What is part of that, what happens to this City if DERM comes in who we know who are a lot stricter than what his terms are, if they come in and say there's hazardous material below where he made his drilling, who then pays for the removal? Ms. Kearson: 'Well, GSA, the... Mr, Johnston: The U.S. General Services. Commissioner Plummer: You pay for it. Mr. Johnston: We pay for that. Included in the RFP, is standard GSA language, boiler plate, whatever you want to call it, standard conditions that deal with differing site conditions, otherwise known as unforeseen site conditions. We pay for that. Commissioner Plummer: And that was spelled out in the RFP? Mr. Johnston: That is spelled out as part of the RFP. Commissioner Plummer: So what you're saying, and if I understand is, that you're referring to the "as is" was as it was spelled out in the RFP and that anything beyond that, you pay for, you don't expect the proposer to pay for. Mr. Johnston: I think, as you think about it, it would be unfair to ask any contractor to do any project that bids on known conditions and then finds that there is an unforeseen, an unknown condition that couldn't be known at the time of bidding. It would be unfair to make contractors pay for those. Commissioner Plummer: I agree with you, sir, but we had two cases before this Commission and we lost both. Mr. Johnston: Well, it's included in our standard language. It is in the RFP. Commissioner Plummer: OK. Mayor Suarez: All right, proceed, counselor. Ms. Kahn: In this, begging to differ. In the RFP itself, it doesn't say _ that. What it says is that the property is "as is" and conforming to any laws, DBRM, whatever it is, is that the developers, or the propsers, it's their responsibility, their sole cost. What they've said - and these can't be ignored - they're choosing to treat these assumptions and clarifications as if they were not affecting the bidder, not inclusive, or some extraneous material that was added to it. They weren't. They were part of this bound volume. I need to step back once and just show the evaluation of the cost project. I'm sorry, that's not the stage where it want it - in the RFP itself... Commissioner Plummer: While you're looking for that, would you tell me on what page of the RFP I find the definition and the outline of what "as is" is? Mr. Johnston: The "as is" statement is in the volume I. The boiler plate that deals with the details of different site conditions is in volume III. I'm not sure if anyone has that volume here. Commissioner Plummer: Well, I think it is very important. Because if you say you spelled out what "as is" is, then that just blows her argument. Mayor Suarez: I guess one of the few things in the law that everybody assumea that everybody else understands is "as is". It just means, the way it is. ;f Commissioner Plummer: I mean, if I see a copy that tells me that you spelled out in the RFP and described in full what "as is" is... Mayor Suarez: You take it exactly the way it is. Commissioner Plummier: ...that's a lot different than what she here. INAUDIBLE COMMENTS NOT ENTERED INTO THIS PUBLIC RECORD. 113 July ax �'+'2 ,� �, Ms. Icahn: If I can continue while they are searching. Mayor Suares: Yes, please do, please do. Ms. Rahn: OK. The process, in addition to the RFP disclosing it "as is", all of the proposers were given level one and level two testing of the site that indicated that there was contamination. There were moderate to high levels of contaminants found which were indicative that some sort of soil and ground water remediation work would be necessary. Now, there wasn't any further work done. It was up from that point on for the individual proposers to go out, do their investigations, ascertain what the potential liabilities could be and then decide how they cared to treat it in the RFP that they submitted in their response, their proposal that they submitted. This is how Miami Capital Facilities decided to treat it, OK? We have a letter here from the Hefty companies which says that, based on the information that was included in the RFP - this is not testing beyond that - this is Just in the information that was given the level one and level two testings. Based on this, the potential disposal costs are significant. They could exceed two million dollars, OK? Nov, this is not saying that anyone has actually gone out and done the testing, but it is saying by an environmental group who does this work, that based on the reports they have seized, there's a potential liability there. Not only in cost terms. We're not talking about... they say here about materials and things like this, and labor and materials. I'm not talking about shifting labor and material costs. I'm talking about the big costs and also the risk that's associated with it. That's what this seeks to do. Nov, I need to step back and go through the process so that it's understood when these assumptions and clarifications came to be reviewed by the technical committee and then the technical committee decided that it was extraneous, so even though Miami Capital Facilities says this is the City's cost, not ours, it could still be considered. If you look at page 19 - again, this is from the RFP - it states what the process is and when proposals have to be submitted. Mr. Odio: Mr. Mayor, I would like to explain - let us explain the process and then she can address whatever because the process was set up... Mayor Suarez: Well, the problem is that we began her presentation. I hate to interrupt it, but if there's, at any point, something that comes out as being clearly something that we can contradict or clarify very quickly, please don't hesitate to interrupt. And we'll just follow that procedure. Go ahead and complete your presentation. Ms. Kahn: OK. What they are required to submit at 2:00 p.m. on Tuesday, April loth, was a package. One was the bound proposal which was the completed declaration and forms accompanying it and the contract terms and conditions and clauses. Next, were the schematic design phases and third was the sealed envelope containing the bid for all of the services. It was after this submission was made that the evaluation process took place by the technical committee so when the technical committee made a subsequent determination, that this is superfluous, it's not relevant or anything like that, that was information that was not available to any of the other bid proposers. Ms. Weintraub: Excuse me, that is not exactly correct. Mayor Suarez: OK, state fairly succinctly how that is not correct from our perspective. Ms. Weintraub: Yes, I think it would be appropriate to let staff take a couple minutes to go through this process. You are correct. The submission did have to include those things. And, in fact, it did. Each proposal was checked to see that they met those requirements that you just read aloud and they were found to do so. Stage two, as outlined in the request for - proposals, then detailed the responsibilities of this technical review committee, of which they were Mr. Ron Johnston was the chairman of that committee, and it was comprised of true technicians or technical people, - architects, engineers. The evaluation criteria that they looked at was followed exactly. That is listed in the request for proposals and as you distributed this material, volume one, it is found within on these pages exactly what the technical committee reviewed. The technical coaamiLtee was never of the opinion that that was extraneous or part of it or whatever. They t had their responsibilities to carry out and they did so. n, 114 July 120 1990 SRN: Mayor Suarez: Ott. Anything also you want to add in the record on that issue? Mr. Johnston: I would just say that this issue that we're talking about right non, we tested level one and level two to find out what was there. Thane a reasonable level of testing to that every proposer does not have to incur the same cost. That's why we paid for it. When you designed the building, there are several different approaches that you can use for footings and the w►ay that you design the building would dictate how you excavate the site. So, you know, when you get to a phase three, you're talking about the variables that would be caused by the site design, you know, of each proposer. So that's the reasonable place to stop and take bids on what you know at that point in time. Mayor Suarez: Does that design of the footings and so on affect the obligation of any of the parties to remove contamination? Mr. Johnston: They would have to remove what is known. If, for example... Mayor Suarez: If you've managed, somehow, to avoid a deposit somewhere because it isn't needed, to go into that, to build the footings, you just don't have any responsibility in that, is that what you're saying? Mr. Johnston: No, what I'm saying is, we deal with what is known. Mayor Suarez: Right. Mr. Johnston: And that's why we have a clause that's called, "differing site conditions." Otherwise, if you started excavating for a footing and found a grave site, you would have to stop and go through certain historic preservation procedures, there would be cost to the contractor. That's an unknown condition. No one knows that before this project starts. You can't negotiate it because you don't know about it. Mayor Suarez: OK, at this point in the evaluations was then clear, based on the information that you had, that the recommended bidder would, in fact, comply with all the requirements for elimination of toxic waste or contamination. Mr. Johnston: Known, conditions. Mayor Suarez: Known, right. Mr. Johnston: Known conditions. Mayor Suarez: And that was what you needed to meet your standards at that point? Mr. Johnston: Yes. Mayor Suarez: All right. Continue. Commissioner Plummer: Anything beyond level two that could or may be found at a later time, was it clearly indicated would be at your expense? Mr. Johnston: I can read this paragraph real quick. Commissioner Plummer: Fine. Mr. Johnston: The contractor shall promptly and before the conditions are disturbed, give a written notice to the contracting officer of one subsurface t or latent physical conditions at the site which differ materially from those indicated in this contract. Two, unknown physical conditions at the site of an unusual nature which differ materially from those ordinarily encountered and generally recognized as in hearing and work of the character provided for in this contract. The contracting officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the contractor's cost of or the time required for performing any part of the work, under this contract whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. 115 Judy 11 1990, Ru9 C �Yh- 5 .tom f 4 MAy6r BUtreet And that equitahl+a adjuats►ent.. Comiasioner Plummer: It doesn't say but wait, that doesn't say you+re going to pay for it. Mr. Johnston: Oh, yes, it does. Mayor Suareza OK. And that equitable adjustment does not contradict the APO where it says that any toxic waste must be removed at the expense of the builder, the... Mr. Johnstons No, that statement is entirely correct. Mayor Suarez s OK. Mr. Johnston: In accordance with the RFP. There are no known toxic - there is no known gold bullion, there is no known, you know... Commissioner Plummers We wish there were. Mr. Johnston: But, you know, anything that we do not know at this time would _ be dealt with under this clause. Mayor Suarez: All right. a Ms. Kahn In response to that particular item, the problem with it is that Yh= the level two test was submitted, or the findings was submitted by letter to _ the various participants on January 4, 1990 from Wingerter Laboratories. And In it, it says that they have found there were related contaminants in there. It goes through their various conclusions, but what the conclusions all relate to, and, in essence they say, and I am not an expert on that matter, and that is why we went to the Hefty Companies and got it, but, if you look at this, this is an opinion f rom the experts on it. This is just using information that was included in the RFP. This is the "as is" information. The "as is" information that was provided to all of the developers, the pre -qualified = proposers, if you'll excuse me, said that there were problems. That this was a. site that would require some sort of investigation and most probably sub soil remediation and ground water remediation and that the potential costs of those would be, could be, somewhere in excess of $2 million dollars. Now, this was an "as is" condition. This is something that as again, it would be the requirement of the particular proposer to bear the cost. They said no. You're right, this is in "as is" condition, but notwithstanding that, and I'm taking that just as information that's given and not anything that a level three investigation would divulge. But, just in what's known, they're saying, F fine, it may be required and there may be hazardous waste there, but it's your cost and your expense and what I am saying is that, that, on it's face, makes this bid nonconforming and it cannot be avoided. Because for someone to say k{ ' that, well, we saw this, but we're not treating it because it didn't matter, is ignoring the bid itself. The bid itself says, this is their bid form. Their bid is not a flat number of $35 million dollars. What their bid is right here is it's going to provide services in accordance with - and it lists various things, one of which are the assumptions and clarifications. And this is what their bid is for $35 million which means that right now, this City J cannot turn around to Miami Capital Facilities and say, fine, we want you to 3, bid to accept the RFP terms just as they are written for $35 million dollars, - because the Miami Capital Facilities has the luxury of deciding whether ar'not''. they want to do it because the proposal that they submitted to the City is not - to do everything required for $35 million. It's to do everything required�A, subject to their 15 pages of assumptions and clarifications and this is just¢ one item. Thence are numerous items in there. Some of which are true are very { minor variances and would not constitute a ground on which to require a termination that it is nonconforming. But other elements are clearly significant and there's a litany of caseload that defines it. The wholes*' purpose of the public bidding process and the competitive bidding process Is for everyone to bid fairly on the same items. And the way that you do that ink you public specific bids with specific requirement forms in it. OTC? one of } the requirements in this particular bid was to take the property "as is." OR? It was not someone's r if they chose latex and it was later opted out by the City to negotiate this away because they made a decision afterwards, that's OK. But the fact is, on the bid itself, at the time the bid is evaluated, it' .,: has to conform in all aspects with the requirements of the RY' and this One V�-' -'. didn't. Now, the fact is, they cannot make a determination that thgyo 15 i S T 4 116 July. 12, 4- t d. f pages of assumptions and clarifications are merely extraneous or superfluous and, therefore, did not come into the evaluation process because by the very —_ nature of what the technical committee was required to do, was to go through those various elements to see if it complied with the requirements of the RFP. Not if it would ultimately be beneficial to the City. Not if the City would _ save money. Not if there wag some other advantage either way. What they were a= solely to look at was to see whether or not it complied with all of the requirements of the RFP. It's that threshold item there, not to do a subsequent evaluation of it. It didn't. It's clear on its face. This is one example where it did not meet the terms. Now, where this comes into play, is in the next stage of the process because it's not just that they have attached these 15 pages of assumptions and clarifications which make the proposal itself nonconforming. But what they did is they have submitted a bid. And ;jam this bid itself, as it says right on its face, it's their bid. Their bid says, it's subject to their assumptions and clarifications. So they weren't treating them as extraneous or superfluous or insignificant. To Miami Capital Facilities it was very significant or else they wouldn't have included them in the bid proposal. It would have just said, $35 million dollars. But it doesn't say that. It's a significant qualifier. Not just significant to us looking at it here, it's significant to Miami Capital Facilities. Where this -- becomes a problem is that in the process itself... the division one... here, - I'm sorry. When it says, the evaluation of the project cost, what you're supposed to do is the sealed envelope, you're supposed to take this sealed envelope containing the lump sum price and you are supposed to divide it into the score obtained from the design standpoint that was awarded by the _— technical committee to come up with the winning score. And whoever got the - highest score wins and it was designed to enable the City to have a good quality building and not be penalized by the fact that a good quality building would cost more than a poor quality building. The problem is... Mayor Suarez: Sort of a ratio of quality to cost? Ms. Kahn: Right. The score over the project cost. That's how it's determined here. Now... Mayor Suarez: And the score is supposed to take into account various fairly subjective factors of quality. Ms. Kahn: Yes, and I'm not even addressing those as to the quality. What I am saying is that you can't do... Mayor Suarez: Are you saying that you're not addressing those now or that you're not going to address them at all during your presentation? -just so I know what's coming here. Ms. Kahn: I'm saying I'm not going to address those during the presentation because I believe that the subjective elements of it, there was a committee - there and I am not here to attack subjective decisions. I... Mayor Suarez: Are we clear, just for the record, that on the scoring system that was set up, you're not disputing that they have a higher score than your... Ms. Kahn: I acknowledge that they have a higher score, but this is what... Mayor Suarez: But you're saying that you're basing your protests on the fact of noncompliance based on, so far, although you've eluded indirectly to other points of nonconformance, basically to that one point. Ms. Kahn: There are 15 pages. I'll be happy to go through them. This is just one of them. Mayor Suarez; Well, I don't want to tell you how to do your presentation, but you've hammered on that one pretty long time. Ms. Kahn: Well, it is because I have for one reason. It's very easy to understand. Because some of the other ones are very technical and so they s might come into play and that's why, but this was... Mayor Suarez: ©K, if you want to highlight a couple of the other ones... Ms. Kahn: Yea, I would like to... 117 July 12, 1990 # h 0 ,r a Mayor Suarers ...that may be a better way to proceed. 1 don't want to tell you hop to do your presentation. Ms. Kahn OK. I would like to highlight and I will come back and do that, but I want to address this issue now of how this bid, with this qualifier of assumption and clarifications, the problem is, is that you don't have a number. You don't have $35 million is not the price. So the problem is, is that you don't know how to divide whatever their bid price number is to determine whether or not they have the score. Because they have not offered... Mayor Suarers You're saying the denominator could be a variable number. Ms. Kahn: Exactly. Mayor Suarez: That's what you're arguing. Ms. Kahn: The other thing that I'm arguing, and there is cases on this point, is that for them to come back, what Miami Capital Facilities has done, is put themselves in a no lose situation. Because either the City will accept their contract, which includes the 15 pages of assumptions and clarifications, and the City will bear all the costs associated for the removal of hazardous waste and all responsibility thereto and they can do the work for $35 million dollars. Now, because the bids have already been opened, Miami Capital Facilities knows that it has a $6 million dollar cushion. So what it can say now, is fine, you're right, this is a clarification, this is an assumption, this does change the things. But, what we will do is we'll remove it now. Because we have a $6 million dollar cushion so we'll bear the cost because we know that our assumptions and clarifications perhaps if we add them all up together, they don't equal $16 million dollars in potential additional cost to us, so we'll eliminate that and we'll do the bid for $35 million. The bid is nonconforming. Mayor Suarez: OK. Ms. Kahn: On its face. You cannot subsequently change the bid and a bid that appears on its face to be nonconforming and a response to a proposal that is on its face nonconforming, cannot be treated as conforming. And technically, not... then it brings us to the other problem of whether or not the technical review committee should have reviewed it to see whether or not it had any effect. Because in essence, what the technical review committee was supposed to do, was to see if all of the requirements were met per letter. And if they — were not met per letter, then this bid should not have been eligible for consideration without getting into the later issues of, OK, maybe this does change the things, but what's the real cost and what's the real impact? Mayor Suarez: point and I do Ms. Kahn: No, Mayor Suarez: present them.. Mr. Odio: Mr. All right, you are getting a little bit repetitive at this n't want to... that completes your presentation? what I would also address is the other elements. Yes, I would strongly recommend you go to those and try to Just Mayor... Mayor Suarez: ...as quickly as you can and as - whatever the word would be - cogently and - yes. - Mr. Odio: I don't know about this cushion of 35 to 41 million. She's saying six million. I think we need, at that point, to let them explain that cushion she's talking about. I don't know where the $6 million dollars come in. Mayor Suarers The possible variation in the cost, I think, is what she's saying results from their initial, at least unwillingness to accept any responsibility for eliminating contamination, which I think has to ultimately be resolved to the satisfaction of this Commission by the City's presentation and/or all successful bidders. There's no question about that. I think we understand the relation between the two. Anything else? Any other salient points on the protest? Me. Kahht That other points were the it goes into general: It SAYS the City will furnish a threshold inspector at no cost to the proposer. Mayor Suarers if you go back to the regular mike, she'll turn that one on, OK . Ms. Kahns OK. The next one was the elevator design provides for use of permanent elevators for uses hoisting during construction and, therefore, replacing of hoists and governors would not be required. Well, that's contrary to the requirements of the RFP itself. And that goes into volume three in the technical requirements. I will confess to this Commission right here, I am not qualified to speak on the various nitty gritty of the technical requirements. however, I can go through these and tell you which are ones that are significant deviations or actual non compliances with the requirements of the RFP. And the issue also is not the degree of noncompliance or nonconformance. It was either that it conformed or it didn't conform. There's nothing that allows a maybe conform. One of the things that is required by the RFP is that the requirement has to be - there's a trailer for a resident engineer that has to be in place within 14 days after a notice to proceed. The Miami Capital Facilities has said that they will not do that until the construction actually starts and will remain there till a certificate of occupancy. I'm not saying that this is a major dollar amount, but it is a clear noncompliance. The removal of the toxic waste was one. The other says that the City will furnish an asbestos free certificate for the site prior to the start of demolition. That's not something that's said here. Rather, the scope of the work and everything else in the RFP requires the proposal to obtain all required certificates, permits, pay off fees, etcetera. It is not the City's responsibility. There was a foundation drainage system that they proposed and it says specifically, "...in lieu of the foundation drainage system specified in section," and then it gives the section numbers, "...we have proposed an alternate system". Well, it's not up to them to propose an alternate system. What they were supposed to do was bid on what everybody else bid on. And that's how you make the evaluation. If it turns out later you want to make a change because you can save money, that's fine. But your proposal has to be on what the requirements were. Mayor Suarez: I hope that note is being taken of all the more important items of the protest, so we can get a simple response in the record, please. Ms. Kahn: In division - I'm sorry. Division three, I believe it is, on items 2, 3, 4 and 5, as well as 6, they have made various technical changes and I will let the City address that one because, again, those are technical changes and they just don't do it. The exterior wall insulation. As one and one quarter inch exterior wall insulation board with an R value of six is contrary to the specs because what the specs require is an R value of 14. Thriire is a significant difference in there between what they're proposing and what is required. One other thing, they have also included wood species of oak as a species of wood for all the judicial selections for their furnishing and accoutrements in their various chambers. Specifically, the RFP says, "It is the choice of walnut or oak." Walnut is substantially more expensive, good grades of walnut are substantially more expensive than oak. However, ghat Miami Capital Facilities has said is, we're only offering oak. If the judges decide that they want walnut, it's going to cost more. Mayor Suarez: OK, does that complete the basic points? When you... Me. Kahn: Yes, the... Mayor Suarers When you respond, staff, please I would suggest you go through very quickly, the principal points that she has raised and leave for last, 1 once again, the issue•of contamination so the Commission can possibly ask more questions and get more clarifications on than which seems to be the, perhaps the most important point of your argument. Ms. Kahn: Right. is r Mayor Suarers And probably the one that we're most confused about. To judge from the prior discussion of it. Mr. Johnstone Let me address the last one first since I remember that one. 5 t 119 July 12, 1990 s.,,, Mayor guarees Yes, in fact if you can take them in reverse order, that would he helpful. Mr. Johnson: We did, in one part of the solicitation, the RFP it did say oak or walnut. However, in another section, after we talked with the judgea, Judge King indicated that they all wanted oak. So that was actually what was directed was oak and that's what is required. So, we see no conflict with the x clarifications that they put in there. The drainage system... Mayor Suarez: If that had not been the case, or if a judge was selected or came into office that preferred something else other than oak, are you saying that would, otherwise, be somehow a noncompliance? -or are you just saying that as a matter of fact that won't seem to create a problem but even if it did, it would not be an item of noncompliance? Mr. Johnston: As far as the RFP is concerned, walnut is not a requirement at this time, even though it is contained in the specification. If walnut was requested, it would have to be a change order, but the specification would be in there for that walnut. But we don't anticipate any walnut at this time, so it's a non problem. Ms. Kahn: I'm sorry, Mr.... Mayor Suarez: No, no, we're not going to back and forth. You'll have a final opportunity to rebut. Ms. Kahn: OK. Mr. Johnston: OK. The drainage system. We asked for a specific type of drainage system that we consider a nominal type system. They proposed a different system that is equal or better. So that is not a problem. Mayor Suarez: Does that satisfy from the City's standpoint our bidding norms _ and requirements and regulations to have an equivalent or better in a situation of that sort? OK. Mr. Johnston: Equal or better is contained in the RFP. It's one of our clauses. - Mayor Suarez: All right, I just want to make sure from our perspective. We _ have sort of two jurisdictions here. Mr. Johnston: OK, I can't remember all of the issues. Mayor Suarez: Well, I hope somebody was tracking down the salient ones there that she addressed. We have a lot of others presumably put in the record by your letter of protest and other accompanying documents. Mr. Johnston: I have reviewed all of those prior to coming here even thought I can't remember all of them, I have reviewed all of them and checked the RFP and I found no nonconformance. To me, the RFP, as it is written, even though there may be some flaws in the RFP... , Mayor Suarez: There was a reference to the rating of the wall and a factor of six versus fourteen. It sounds like more than a two to one factor. What does that mean?` Mr. Johnston: That was found misconstrued, misread their plans. found no nonconformance. Mayor Suarez: OK. to be in compliance. I think it was One team misread another's plans. We Mr. Johnston: The threshold inspector is the Florida State Law that it must be paid by the owner, which would be the City and the federal government. k Mayor Suarez: The issue of the time that the trailer had to be there, superficially, at least, or summarily, Do you want to answer that? Mr. Johnston: The 14 days is a nominal period of time when you issue a.,. a notice to proceed is sent in the mail so there's three or four days of mailing. It is received. By the time someone mobilizes, it's normally at 124 July 12# 1999 4 OW 7 ,, lsdst 2 weeks. so we require that it be there two weeks. Constru6tion start will probably be around 2 weeks after the notice to proceed 66 it'a not A' large item, it's not an issue that we know of. f; Mayor guares: All right, does it makes sense, Madam City Attorney, to hear from the successful bidder or the recommended bidder rather? l Commissioner Plummer: No, we're still on 24._ Mayor Suarez: At this point? Ms, Kearson: To have them make a presentation? =7 s�= Mayor Suarez: I'm sorry? Mr. Fernandez: Not on the protest. Commissioner Plummer: Not on the protest. Ms. Kearson: No, not on the protest. Mayor Suarez: OK. Commissioner Plummer: I got a question. Can you tell me there was a company called T Three M, Ltd. Why were they disallowed? t INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odio: They did not meet the joint venture. They were not legally a joint venture. That's what I can remember on that one. Ms. Kearson: That was the concern. That is the issue. Commissioner Plummier: Joint venture meaning? Mr. Odio: That they had to be registered as a legal institution in Tallahassee as a joint venture and they never were. Ms. Kearson: The general contractors, as a joint venture entity, had to have state registration as a joint venture general contracting. It didn't have the ' proper state certification. Under the state law, you cannot proffer a proposal or a bid without proper certification. Commissioner Plummer: So, for the reason that they did not have a piece of f paper and I assume they could have qualified, or that they were of qualified, } they could have qualified. Ms. Kearson: Right, if they had received the proper, say, certification, that's correct. Commissioner Plummer: We could have saved $6 million dollars. Vice Mayor Dawkins: Not necessarily, Commissioner Plummer: Well, I'm just asking the question. What I'm reading ` from here, their bid was $29 million dollars. The bid of the one to be awarded is thirty-five. Now, if that's not $6 million dollars, I don't know'' what it is. t >. Ms. Kearson: Well... Mr. Williama: But the point is, Commissioner, we had to make sure that the proposals that we received and considered were complete and that they wore licensed to perform that $29 million dollars worth of responsibility, h+>< Commissioner Plummer: Ron, I don't disagree with that, but I'm saying is, x that the only difference is, is that they did not register in time. Mr. Williams; No, their license was inactive. Ma. Kearson: They had an inactive license. They weren't authorized to submit a proposal to begin with, but they did. 121 July:2 ,11 190 F1 a fig, Cftaisai6ner Plummer: Jo, what y6u're basically saying is, they were n6t �— qualified, they should not even have been considered as a bidder. - Ms, Rearsons That's correct. Commissioner Plummer: OK. Mr, Odio: Here's a letter from the Department of Professional Regulation. Commissioner Plummer: I don't need that, sir. If they're not qualified, theyt= :should not have been a bidder and, really in fact, their numbers should not have been included. Their proposal should not have been evaluated, if they were not a qualified bidder. Ms. Kearsons That's correct. Commissioner Plummer: And I guess that they went through - why did, you go through the process of rating them and evaluating them, if they weren't a — successful... Vice Mayor Dawkins: When they weren't... Commissioner Plummer: ...if they weren't a qualified bidder? — Vice Mayor Dawkins: Hey, they do it everyday, J.L. ,- Ms. Kearson: We didn't know at the time. Ms. Weintraub: They changed, though, that was the other thing. When they - first came in, they were qualified to proceed through the process and respond — to our request for proposals. When they submitted their proposal, they came - in as a joint venture contractor with a different contractor than they ended up with. After they submitted their proposal, it was going through evaluation _ or either just slightly before, but definitely after they submitted their proposal, they requested a substitution and when they requested that -_ substitution of a contractor, that is where, I guess the word is violated the state law, and could not proffer their services. Commissioner Plummer: Six million dollars difference. — Vice Mayor Dawkins: Is this the same group that came in here and got the jail up on 62nd Street, then came in with another bidder or another something? Is _ this the same group? - Ms. Kearsons Yes, sir, that's the same group. Commissioner Plummer: Well, yes, here on page six. You know, understand what - you're saying, and I've been one who have been fortified that says that if they're not a bidder, they shouldn't even be considered. My consideration has to be that their bid, as shown here, except for a qualified through the state, was $6 million cheaper. Well, you know, it's... Mr. Manager, I guess what I'm saying in my mind that in a company who says it can be done for $6 million less, why are we paying $6 million more? I... - .5 Vice Mayor Dawkins: But, I think at the very beginning... Ms. Kearson: Because you have to understand the process.'- Me. Weintraub: Go ahead, tell him. Mr. Bailey: You cannot... r Vice Mayor Dawkins: ...hold it, hold it. At the very beginning, I think it was said... Mr. Baileys I wondered... Vice Mayor Dawkins: No, but, I was... I don't... Commissioner Rlummer: No, hey, I fully understand that they weren't a qualified bidder, period, Amen. 122 duly 124 1$90 Vies Mayor Dawkins: Ito, no, no. When this was started, I think a It I'm In error, correct me... Commissioner Plummert One can do it for twenty-nine, the other can do it for thirty=five. Vice Mayor Dawkinss ...that the determining factor of who should get the bid would be the federal government as to the technicality and all of that. Is that a correct statement? Mr. Bailey: Can I just address both of those? Commissioner Plummer, you're looking only at one aspect of the evaluation which is price, but if you look at the technical aspect, you will find that T Three M had the lowest rating. They were only rated 77, clearly about 20 some points below the highest bidder. So, even though their price might have been... Commissioner Plummer: Yes, and when I look at that score card, there was a great variation in other peoples' minds that sat on that committee. I looked at that scoreboard. Mr. Bailey: Yes, well I understand, you know, your money consideration but there were other factors and that does not necessarily mean they would have won the bid. Mayor Suarez: OK. Does that complete the joint City and federal government's answer? Mr. Odio: Yes, I'll go back one more time to what Ron Johnston, from the federal government, who was the chairman of the technical committee, said that they do not find any nonconformity, so I still think that we should not uphold the protest. Mayor Suarez: OK, I'm going to give you now... Ms. Kahn: A quick sum up, OK. Mayor Suarez: ...three minutes for a final rebuttal. Not summary, please, rebuttal... Ms. Kahn: A rebuttal. Mayor Suarez: You can summarize, I suppose, within that constraint. Ms. Kahn: The issue is not the extent of the deviation. The issue is whether there was a deviation. That's the primary focus here. The fact is, they address the issue - I'm going to address specifically the issues of the oak. Been told that all the judges were spoken to after the submittals and it said that they all wanted oak. So even though the RFP clearly requires both oak and walnut for them to choose and Miami Capital Facilities limited it to solely oak, the decision was made. Their change was OK because afterwards we talked to the judges and we found out that the issue would be moot. That's not the criteria on which this gets determined because if that was the situation, then there should have been an addenda issued to all of the parties which stated that only oak, you don't need to price the other thing. There was no such addenda issued. That's on number one. Mr. Odio: Mr. Mayor, on that issue, please, so we don't forget... Well, let her complete her summation or rebuttal and then Mayor Suarez: we'll... Mr. Odio: We'll forget, that's the problem. Commissioner Plummer: Write it down. Mayor Suarez: Well, you could jot down the major items. Please, we're going to want an answer on that. I guarantee you, please. Ms, Kahn: The other one is self apparent about the toxic waste. That's there and that hasn't been addressed yet. In determining whether a specific moan compliance is substantial, it's whether the waiver would deprive the 123 July 120 1990 wit Municipality of its insurance that the contract will be entered into, performed and guaranteed in accordance with its specified requirements, btu? The only thing that MCP has guaranteed you is that they will enter into, execute and perform a contract, not in accordance with the RFP, but in accordance with the RFP subject to their assumptions and clarifications and if the City is willing to live with those assumptions and clarifications, then that, by itself, is accepting a bid that is nonconforming. So either this bid has to be treated... this protest requires further in depth consideration and it cannot be dealt with right now because there are many issues that have to be raised or else on its face you can see that it's nonconforming and then the City is accepting a bid that is nonconforming and then going on to decide to enter into the contract. The issue is not the extent of the nonconformance and that's the important issue here. Because if it was the extent, then everyone would get to submit little clarifications, additions, or subtractions here. And that's not what the process allows. It is very important in the process that everyone be considered on equal grounds and 'to have an exact comparison of bids everybody has to be bidding on the exact same thing. And that's the RFP. Every other bidder, the other two bids that were submitted by 3TM and by Miami Justice Center, were a lump sum total bid, no exceptions, no clarifications, no qualifications, OK, no assumptions. The only one that contains that, and there are 15 pages of them, is Miami Capital Facilities and the fact is, it's not just this one 15 pages that it impacts on, it's their bid. It was important... it might not have been important to the technical committee, but it was certainly important enough to Miami Capital Facilities because that number is not $35 million on that piece of paper, it's $35 million subject to those assumptions and clarifications however they impact. Mayor Suarez: OK, Mr. Manager. I know you want to answer at least a point on the oak panel. Mr. Odio: OK. On the oak question, I submit to you that he has stated, on the record, that they were notified upfront. On the toxic waste question, I think he has gone that over and over on level one and level two and also he read the RFP clearly states that if not known toxic, it would have to remove and non factors if they came up after direct that GSA would pay for it. So, I don't know where they are in nonconformity to on the toxic waste question. Equal grounds, I believe that they have all equal grounds. They all went through the same technical committee. They all had received the same information at all times. That's it, Mr. Mayor. Mayor Suarez: What is the wording? Could you post up the wording of the RFP on toxic contamination? OK, for myself, property - I'm reading now from the wording of the RFP which I presume was never changed, that was always the RFP, correct? All right, not asking counselor for either party, asking our own staff. Ms. Kahn: I really said I apologize, I... Mayor Suarez: "Property including all conditions, top soil, and sub soil on the premises are offered for lease 'as is' and any work or labor required to conform to applicable law shall be the successful... propers?..." UNIDENTIFIED SPEAKER: Proposers. Mayor Suarez: Proposers. I think it's missing a syllable there, "...responsibility at its sole cost." Yes, it's probably not my eyes on that particular point. It is missing a syllable there. All right. Commissioner Plummer: It's your age. Mayor Suarez: It's my age. Their initial response said that any removal of toxic waste was at the cost of someone other than themselves, right? At some point, a determination was made by borings and otherwise that the "as is," from our understanding, the known contamination to not pose a problem with the successful bid. Is that what you're saying? Mr. Johnston; No, the successful... t; Mayor Suarez: Based on the information that we then had, this item simply would not create a conflict, would not create a nonconformance item? h 124 July 12, 1990 Mir. 36hnatout The suecessfui proposer agreed to deal with the testing of the elements as shown at the site. Mayor Suarezt And then oft the issue of the unknown ones that might be found at some later point I know Commissioner Plummer was inquiring on that point - how does that get resolved? u Mr. Johnstont By the differing site conditions clause. Mayor Suarezt OK, which says... Commissioner Plummer: Go ahead. Mr. Johnston: Which says that, any condition material, or anything also is found at the site that differs materially from what is known, what was in the contract, and that is the RFP, will be dealt with through a negotiation at s that point in time with a contract. With the contractor. Mayor Suarezt And how is the cost... r> Mr. Johnstont Developer. Mayor Suarez: ...attributed? How is the cost apportioned on any unknown contamination? Mr. Johnston: Any known? Mayor Suarez: Unknown. x; Mr. Johnston: Unknown would be dealt with at that time. Mayor Suarez: What is the formula? Who ends up having to bear the cost? Mr. Johnston: We do. Mayor Suarez: And that again does not contradict this particular provision here. Mr. Johnstone No, it's basically an owner pays for change orders. And that's what a differing site condition is, it's a change order. Commissioner Plummer: See, I guess where my problem is coming is in this�r wording. This wording says, "Removal of any existing toxic hazard waste materials will be done by the City at their expense." It doesn't may, of beyond level one or two or including level one or two. It's says, "Any," that means any. That means from here to here, all the way down. Any, in my estimation. It doesn't say, excluding levels one and two, which we know what the are. It says the word an OK? That's where m' y q y. q problem is coming. Mr. Johnston: OK, I'll see if I can address your problem. That statement, OK... Commissioner Plummer: To me, the word "any" means "all." Mr. Johnston: Let me back up. That statement is correct. The wording,there is hazardous and toxic. When you read the report from the soil's .report, there are no toxic or hazardous materials there. Commissioner Plummer: But that was not known prior to the summation, was it? Mr. Odio: Yes, it was. Mr. Johnston: Yes. Mr. Odio: See, that's the problem. They all knew this and what it's Braying there is, if we find any toxic or hazardous material, you pay. I mean him. Commissioner Plummer: All right, but you notified them all proposers, in writing, of the existing conditions. Mr. Johnston: Absolutely, .f, iw= y 125 July 12, 1990 a �-inlr iPdt 4R Y- Wj Mr, Ulm Yes, air, we did. Commissioner Alotiaos At what point? Mr. Odios Before they submitted that. Mr, Johnstons The RFP contains all the soil boring information. Commissioner Plummer: It could have been so easy if it said, beyond levels one and two. That would have clarified it. Mr. Odio: Well, you know, yes. The the fact... Commissioner Plummers But the word "any" is all encompassing in my mind. Mr. Odio- Any hazardous or toxic materials that are found after the soil tests were taken, we'd... Commissioner Plummer: But you see, it doesn't say that. Commissioner Alonso: So, are you saying that this item was well known to them, that whatever it was in the soil, they should not take any amount of money and put aside over the cost of this structure in order to resolve the toxic material part. This is the issue, because what we are addressing here, did these people provide a certain amount of money higher than this company because we are all mixed up now with the initials, MCF... OK, because they were taking into account the removal of the toxic materials. Mr. Odio: That is a good question, they... Commissioner Alonso: I'd like to know exactly if they knew prior to responding to the RFP. They knew? Mr. Odio: They knew and they did not have to set aside any monies for removal of hazardous or toxic materials. Commissioner Alonso: OK, now, when this company put the wording... Commissioner Plummer: It could have been a lot clearer. Commissioner Alonso: We have to learn from this experience, no question about that. But, by this wording, to me, they are trying to protect themselves from any kind of expense. Mr. Johnston: No. Commissioner Alonso: And that's - well, air... Mr. Johnston: From toxic and hazardous. Commissioner Alonso: ...in any legal contract, in any contract whatsoever of this nature, when you try to be as specific as we can see here, they are saying, we don't pay, you, City of Miami, pay. I'm passing the buck to you. So, you're saying that the GSA will pay for that, but the issue continues to be the same. Are these people affected because of that or both of them knew exactly the same. They knew they were not responsible and this is the issue. Mr. Odio: All four of them knew of the soil testing and all four of them knew they did not have to set aside monies to remove those materials beeauso:if something also besides what the soil test said came up, GSA would have to pay for it. It's that simple, Commissioner. Commissioner Plummer: And they're going to lose the contract because they didn't put the trailer in place within two weeks. Vice Mayor Dawkins: Are you saying then, Mr. Manager, are you saying that all four of the bidders knew the soil condition? Mr. Odio: Yes, sir. � yYr Mr. Johnston: This is a clause that we use nationwide. Mayor Suarez: OK. their tracks by putting in here that I AM basing my bid on the information from you that there is no toxic waste and if you find them here, that's your responsibility. Mr. Odio: If I were bidding on this project and I was told, here's my soil test and it says there are no hazardous or toxic material, I will say back to, say, CK, I'm going to bid on this building, but I'm not going to pay for any removal of hazardous or toxic materials because you're telling me they are not. So, if something comes up, you, City, of GSA in this case, you pay. And that's exactly what they did. Mayor Suarez: OK, on nonhazardous, non -toxic waste or contamination of any sort and going back to now provision six, an unknown at this point, if the successful bidder comes up with any of that in their design, don't they, under paragraph six have to absorb the cost? Non toxic, non hazardous, unknown at this point, simply found as they do their work. Mr. Odio: Well, if they find something that is not hazardous or toxic, it's not an issue. Mr. Johnston: Well, when I read the clause, it said, unusual. Otherwise, if you found dirt, then, of course, that's usual. Mayor Suarez: Right. Mr. Johnston: If you found a skeleton, it would be unusual. You know, anything that's unusual. What that clause intends to do is to protect the contractor. Mayor Suarez: Well, of example, something could be not, you know, just a hard rock formation, cavities, anything that requires an additional expenditure under paragraph six, not toxic, not hazardous, seems to be at the sole cost of the bidder. Mr. Johnston: If it was unusual as compared to the soil test that were furnished in the RFP... Mayor Suarez: Uh huh. Mr. Johnston,: ...then it would be unusual, yes. Mayor Suarez: At whose cost to be removed or corrected? Mr. Johnston: That would be... Mayor Suarez: Top soil and sub soil. Mr. Johnston: That would be the federal government's expense. Mayor Suarez: Why? -in view of paragraph 6A? Why not... why, in view of paragraph 6A, the federal government's cost instead of the proposers? I'm not too concerned particularly, I'm just trying to understand what 6A means. Mr. Johnston: It is - we are not in the business of penalizing contractors, we're not in the business of making contractors take undue risks and that's what this statement does. It limits the risk. It is entirely true, it is a prudent statement by a prudent contractor who read the RFP and says, I'm not responsible for toxic waste. Mayor Suarez: Yes, I was trying to understand the 6A. I see now what took place. They did a little bit of what we call here - and I really shouldn't say it in the record, I suppose - we call by the initials CYA, with their paragraph one. And you did a little bit of with 6A here too. Commissioner Plummer: It's called "cover your assumptions." Mayor Suarez: uncovered. Right, "cover your assumptions," and anything also that's M ' d Mr. Odib: They did the tight thing by covering their tracks. Mayor Suarez: Commissioners, anything further from the Commission? You know, by the way, I have to conclude, for myself, that the issue of the oak just simply is not an important issue. It is non- substtint ive, nominal, whatever you guys want to call it, because I cannot conclude that it Was, from your testimony, that somehow because .fudge King said, we're not going to have anybody wanting anything but oak, that resolves it. That just doesn't make any sense to me. That would seem to be after the fact, that would seem to be based on a particular set of preferences of a particular group of judges. So, for me to be able to reject the protest on that particular ground, I'd have to assume that it's just not a substantive or substantial nonconformance or.... Mr. Odio: Well, Mr. Mayor, they were said to bid on walnut or oak. They bidded on oak. There is not a reason to disqualify because of that. Now, if later on, the.... Mayor Suarez: I just hope that none of those judges change their mind later on. I can see... Mr. Odio: If later on, the federal government wants to put walnut or whatever, they would have to pay for it on a change order. Mayor Suarez: Somebody is going to have to pay for it. All right, Commissioners, any questions, further questions? OK, in which case, I'll entertain a motion on the item. Commissioner Plummer: I'll be happy to make a motion. Mayor Suarez: Thank you. Any motion. Commissioner Plummer: Mr. Mayor, based on the testimony given before this Commission and my limited expertise in this particular field, I have to depend upon the experts who have given their rendering and I have heard nothing to the contrary to deviate from their findings, and I move that we grant the - that we uphold the Procurement Officer. Mayor Suarez: Deny the protest? Commissioner Plummer: Yes, sir, I... Mayor Suarez: So moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Commissioner Plummer: And, for the record, I don't, in any way, base myself on being a technical expert but on the testimony here given, I have not heard anything to disrupt that finding. Mayor Suarez: Call the roll on the motion. The following resolution was introduced by Commissioner Piuinnar, who moved its adoptiont RESOLUTION NO. 90-534 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO PARTIALLY REJECT THE PROTEST RECEIVED FROM MIAMI JUSTICE CENTER ASSOCIATION, INC., IN CONNECTION WITH THE REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING AND HIS DECISION TO UPHOLD THE PROTEST IN REGARD TO ITEMS It AND III-D OF SAID PROTEST; FURTHER APPROVING THE CHIEF PROCUREMENT OFFICER'S RECOMMENDATION TO DISQUALIFY T3M FROM FURTHER CONSIDERATION IN THIS 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: Based on the information that all of them had the same degree of information and it was provided equally and it did not affect then the final result, yes. COMMENTS MADE FOLLOWING ROLL CALL: Vice Mayor Dawkins: Mr. Mayor, before we go any further. Mayor Suarez: Yes. Vice Mayor Dawkins: Madam Attorney, I'd like to commend you on the professional way that you presented this. 30. SELECT MIAMI CAPITAL FACILITIES, INC. REGARDING DESIGN AND CONSTRUCTION OF THE FEDERAL LAW ENFORCEMENT BUILDING (GENERAL SERVICES ADMINISTRATION BUILDING) - TO BE LOCATED ON CITY -OWNED PROPERTY ON BLOCK 78N, BOUNDED BY N.E. 4 AND 5 STREETS AND N.E. 1 AND NORTH MIAMI AVENUES - AUTHORIZE MANAGER TO NEGOTIATE AGREEMENT. Mayor Suarez: OK, item, the companion item. Commissioner Plummer: Now, let's get to the good one. Mayor Suarez: Twenty-five. Commissioner Plummer: Let's get to the good one. Mr. Herb Bailey: I think, perhaps, the only thing that's really left there in terms of item 25 is to have the successful proposer make a presentation before the Commission because we are recommending that Miami Capital be the proposer awarded the opportunity to negotiate a contract with the City. Mayor Suarez: Who is even left at this point that we have not already ruled out? I guess they and the group that just made the protest? K 129 July 120 1990 ;45 s fi ................. That's all. Those are the only two final... Yes, they're the only two... ...responsive bids. Mr. Bailey: Yes4 Mayor Suarez: Of those two, one was recommended and it is - what is the name? Mr. Bailey: Miami Justice - Miami Capital Facilities, Inc. Commissioner Alonso: He was going to given it to the other group, you see. Mayor Suares: Miami Capital Facilities was recommended based on evaluation as was described before which rated, on a sort of subjective basis, quality and then made a comparison by a fraction over cost, right? And come up with some kind of a fractional reading. Mr. Bailey: She heard you, I didn't. Ms. Arlene Weintraub: The process was set out... Mayor Suarez: That's what was described before. Ms. Weintraub: Yes, exactly, to achieve best design at best price. And that was laid out in the RFP how we did that and first their designs were evaluated and then we moved into pricing and based on that process, Miami Capital Facilities is being recommended since they were number one. Mayor Suarez: OK, what were the quality points obtained by the two responsive bidders as per the evaluation, subjective, we're calling it? Ms. Weintraub: On their design? Mayor Suarez: Yes. Ms. Weintraub: Miami Capital received a 44 and Miami Justice Center received an 80. Mayor Suarez: OK, and what were the cost estimates of the two? Ms. Weintraub: Miami Capital Facilities priced it at $35 million and Miami Justice Center Associates priced it at - I knew the exact number.... Commissioner Plummer: Thirty-six million, nine hundred and fifty. Ms. Weintraub: Thank you. Mayor Suarez: OK, so, in fact, the recommended bidder has the lower price. Ms. Weintraub: Of almost $2 million. Mayor Suarez: And has the higher... Ms. Weintraub: Design score. Mayor Suarez: Design score on the subjective factors. Ms. Weintraub: Correct. Mayor Suares: Those are all useful indications. OK, what else do you need to tell us about the recommended... Mr. Sailey: Recommend that you accept it. Mayor Suarez: very good. Me, Weintraub: We would like to... 130 Ju y 12f 1990 F. h Mayor Suares: The crux of the matter is you're recoiisoendittg. Ms. Weintraub: Yes, we would like to ask their to make a few comments, a brief presentation, on their proposal if that would be all right. Mayor Suarez: OK. it might be helpful for the record, if you find it no, and if the City Attorney doesn't tell you otherwise, to address the issues of contamination that seem to be of concern on the prior item. Commissioner Plummer: And don't forget the trailer. Mayor Suarez: And the trailer and the oak. Ramon Rasco, Esq.: Thank you Mr. Mayor, my name is Ramon Rasco. Mayor Suarez: I'm sorry, before you begin, I do have to make an observation. It seems like we had the Miami High football team here for a while. And now it seems like we have the Miami High... UNIDENTIFIED SPEAKERS: Cheerleadersl Mayor Suarez: Cheerleaders. Now, there's a pattern here. We're trying to figure out what it's all about but we'll get to it. Mr. Rasco: Thank you. Just for the record, so there's no confusion, our bid price is $35 million dollars, it is not $41 million or anything else. It is thirty-five million. I had about a seven minute presentation. I don't think it's necessary at this point, I simply want to thank and commend the City - staff, particularly the Department of Development and the Law Department, as well as the technical committee and the representatives of USGSA that have worked so diligently in this project. They have exhibited highly professional, impartial, and careful consideration of this project and they carried it out in an extremely professional manner from the very inception, from the request for qualifications to the request for proposals and the analysis evaluation and handling of the proposals of the various teams. I think that you had some questions regarding the toxic waste. Let me simply say this regarding the toxic waste. They are picking things out of context. They are taking one statement out our assumptions and clarifications which is about 2 percent of our presentation. Our proposal is very clear. We deal within our price with the level one and level two site assessment contamination found there that is within our price and we are ready to stand for that. Commissioner Plummer: How much of your allocation is for that? Mr. Rasco: I don't have that breakdown, Commissioner.9 ,Rn Commissioner Plummer: I'd like to know the answer. Mr. Jack Lowell: My name is Jack Lowell, my office is at 801 $rickell Avenue, I'm the president of Miami Capital Facilities, Inc. We are the general partner of the proposing partnership. Our bid, Commissioner Plummer, is consistent with the RFP in all respects, as explained by Ron Johnston, and includes in the $35 million the amounts, any amounts, necessary to satisfy the levels one and two conditions spelled out in the RFP. Commissioner Plummer: And how much is that amount? ,v �e Mayor Suarez: Do you have any contingency fund or any set aside funds or any estimate of what that may be? Mr. Lowell: We have an amount of money, it is not a substantial amount of money. Mr. Rasco: It's approximately $40,000, Commissioner. ,.r Commissioner Plummer: OK, and do I understand correctly that there.was no hazardous waste? (AUDIO EQUIPMENT NOISE) - hello, Dolly. Mr. Rasco: There Is a very small level of oil contaminants from the bus depot, air. 131 July 120 990 =. 1 •��A Mr. Rasco: Twoftty-eight months. Commissioner Plummer: And what is the penalty - Mr. Manager, what is the penalty if they do not conclude in 28 months? Mayor Suarers And, in connection with that question, do we have the usual ordinance provided clause that says that for every day late they loge one - tenth of one percent... that's it? Commissioner Plummer: too, that's what I'm asking, what is the penalty? Linda Kearson, Bsq.: We are asking you to authorize us to negotiate a contract. We have not... Mr. Bailey: We haven't got to the contract. Ms. Kearson: ...negotiated the contract as it... Mayor Suarez: OK, would it, otherwise, be applicable, that ordinance that we passed that I think Commissioner Plummer's suggestion many years ago... I'm not asking you if we can, I'm asking you if it applies. Does it or does it not apply? Ms. Kearson: Yes. Mayor Suarez: And if not, why not? Mr. Odio: If the project - it could apply if the project is not delayed by us or the GSA, then they should comply with the 28 month and then there will... Mayor Suarez: Does the provision of that ordinance apply? Mr. Odio: Yes, we can apply it.j Ms. Weintraub: Yes, there is a liquidated damages clause in the RFP. Yes. Mr. Odio: Yes. Mayor Suarez: OK, and was it not a provision that called for one -tenth of one percent per day? a Me. Weintraub: Yes. Ms. Kearson: Yes.,. Mayor Suarez: And is not one -tenth of one percent of $35 million... Ms. Weintraub: What the RFP says, there Is a liquidated damages clause that ;s - 5 is $8,500 per day. That is not an arbitrary amount. That is exactly equal to the cost... Mayor Suarez: That is also not one -tenth of one percent of $35 million. Why ' is that figure not the one that we have in there per day? y Ms. Weintraub: This figure is exactly equal to the cost of what it would cost aC `} the City, since we issued the bonds, of what real costs are per day on that bond issuance.x Mayor Suarez: But it is not what our ordinance provides. Why, not? *k Commissioner Plummers It's not our policy. rf Ms. Weintraub; Why I would have to multiply that. I believe it's higher. Mayor Suarez; It is not. Bight thousand dollars a day is not higher than one -tenth of one percent of $35 million dollars. No way, no how, $@cause It's at least $35,000 per day. And if it is one -tenth of one percent, 1 may L}A r have the figure wrong, maybe it'sone-hundredth of one percent in the ordinance. We have an ordinance in lace. It took us a lot of effort to put l it there, We think it applies to large projects just like it does to smi �s projects. 132 July 1 1i i3 _ t.' t s- Commissioner 1'lu ors HOW Much would it be? Ms. Vinintraubs OK, your comment is well taken. According to my taath, it's thirty-five thousand.Ak _ Mayor Suarez! Thank you. Now... Commissioner Plummer: Now, wait a minute, whoa! Are to we assume that that to the Policy of this Commission which will be adhered to in the negotiations? a Ms. Kearsons Yes. Ms. Veintraubt Yes. Commissioner Plumers OK, so that provision which you have in there is null and void. Ms. Kearsons Is that in the RFP? That was in the contract provisions section as an appendix that would be suggested sections for the contract, so we can now negotiate a contract to reflect what the City's ordinance requires. - Commissioner Plummer: You can negotiate higher, but nothing lower. Mr. Odios You can negotiate higher, but not lower. Ms. Kearson: You can negotiate higher - you can negotiate a contract that's beneficial to the City of Miami. Commissioner Plummer: Higher. Ms. Kearson: That's higher. Higher than... Commissioner Plummer: So it would be $35,000 a day. Mr. Odio: Higher than $8,500 a day. Ms. Kearson: That's correct. Mr. Odio: You can. Commissioner Plummer: No, wait a minute, wait a minute. Mr. Odio: The RFP said $8,500 a day. You can negotiate higher. Commissioner Plummer: The policy of this Commission is $35,000 based on this project. Mr. Odio: That's what we're... w Commissioner Plummer: How can you do less?' Mr. Odio: We are both saying the same thing because the RFP said $8,500. Ms. Kearson: We're saying the same thing. .: Mr. Odio: And the question was whether you could change the RFP and yes, you can if you you're moving up. ,4 Commissioner Plummer: Oh, so then you understand that you're negotiating from t' thirty-five thousand up. Mr. Odio: Yes. '. Commissioner Plummer: Oh, OK. y INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. t Commissioner Alonzo: Thirty-five thousand. °P4 Vice Mayor Damki.ne: U to thirty-five. y P Y- ` Kia 133 July 1.2, X9901 IN lf't KR I A, Sy - No, thirty-five. Vito Mayor bavkinst up to thirty-five. Mayor Suarazt And it sounds like it's a minimum of thirty-five thousand unless we have the ordinance wrong. Commissioner Plummer: Yes. Mayor Suarez: Yes. OK. Anything further? Commissioner Alonso: We'd better clarify this on the records. It is not clear yet. Mayor Suarez: Yes, I mean, if you want to take more time to clarify it, it's... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: All right. Commissioner Alonso: What is clear? What is the amount? Would you put it in the record, the right amount? -because so far, nothing is clear. Me. Weintraub: It is clear to me that it is a minimum of $35,000 per day. Commissioner Alonso: You got it. Commissioner Plummer: Toyota. Mayor Suarez: OK, anything further on the rest of the negotiations or any recommendation you have to make to us for us to approve at this point? Commissioner Plummer: I just want to ask a question... Mayor Suarez: Yes, Commissioner. Commissioner Plummer: ...which really doesn't directly, but is the complete financing package in order? Shaking your head does not be picked up by the microphone. Me. Weintraub: Yes. Mr. Odio% The answer is yes. Commissioner Plummer: All right, so when are we, assuming you go to negotiations with this recommended firm, when does the shovel go in the ground? When does the time clock start running? Ms. Weintraub: We can be back before this Commission as this resolution is saying, with a negotiated agreement. We certainly seek your approval prior to executing that. That would be September. From September, you know, right after that, they begin permitting process and that could take approximately three or four months. Commissioner Plummer: In that part of the 28 months? Me. Weintraub: The physical shovel in the ground... it is not. Permitting process is not part of the construction process. We must have that to proceed with construction. Commissioner Plummer: So, in other words, it's not a total 28 mouth process? Mr. Odio: Twenty-eight months from the time they receive the permit to proceed. Me. Weintraubs Of construction, correct. Commissioner Plummers Is there a maximum time of requiring permitting? -1 mean, you know, the way things go around this... Mr. Odlos It's up to us. t34 JoAly J r Commissioner Plummert 1 xdUs6 Ma. I brought to your attention, Oki t Jtfiaw of r A calla tight nave before the City, in which permitting has taken a or nine Mr. Odiot We want to expedite this and we will make sure that it goes through as -fast as we can. but it's not part of the 28 months. And it's up to u6i.. Commissioner Plummer: Then should there be a maximum time from when they Apply? Mr. Odiot No, because they... After the contract is executed, is you have 30 ., days to apply. t� Ms. Weintiraubt For permits? Mr. Odio: For permits. Mr. Rasco: We have, Commissioner, per the RFP documents, specific time periods to submit our plans. We will do that, we'll comply with that. We submit our plans, it's up to the City at that point. Commissioner Plummer: Then, what I'm asking is that timetable. From the day you are notified that you are the chosen group, how many days do you have to supply your plans for permitting? Hr Lowell: Mr Plummer there is no specific time limits spelled out in the documents. If... Commissioner Plummer: Ah ha. No, sir, that's wrong. That is wrong. That ;y permitting process in this City can take forever. Mr. Lowell: You're right. Commissioner Plummer: Hey, I don't want to read about this City delayed the construction. I want a definite, reasonable time period in there. Is it 90 t days? Is that reasonable? Is a 120 days? Is it 60 days? Mr. Lowell: Would you like a... Commissioner Plummer: To get my vote, you're going to have to give me a time frame. Mr. Lowell: Would you suggest we come back with a contract that has that spelled out in it? t,a Commissioner Plummer: That's fine with me. That's fine with me. Mr. Lowell: I'm serious, let's negotiate it right now. Let's just, you know... Commissioner Plummer: Fine with me. Negotiate it. I just want a... Mr. Rasco: We are ready to do our plans in 120 days, sir. Commissioner Plummer: Is that agreeable to the administration and to the GSA? Or is that too long or too short? I just paid $650,000 for a two year delay r down at Bayfront Park. I don't want to do it again. Mr. Odio: A hundred and twenty days is acceptable.' Commissioner Plummer: A hundred and twenty days. Mr. Lowell: Yea, air, and we'd ask a limitation on the City for time of pl.ah r± review and permitting process of no more than 30 days. Commissioner Plummer: Is that reasonable, Mr. Manager? s. Mr. Odio: No, I want 60 days. =u Commissioner Plummer: OK, who's going to settle this ditferoaco?` 135 .TOT 4 W-4 •� `r yNt� � L§ .; . Mr. Odin: Sixty days. I dotitt ktow what... Commissioner Plummer: Mr, Lowell, can you live with 60? Mir, Loweli: Yes, air. r Commissioner Plummer: You can live with sixty. OK. Now, assuming this in coming back before us on the filth of September, than 120 days from that day, we will expect you to start construction. Mr. Lowell: A hundred twenty, plus sixty. .' Commissioner Plummer: A hundred and twenty plus sixty? x^ Mr. Basco: We need the permits, sir. Commissioner Plummer: OK, that's definite. - Mr. Odio: They have 120 days to submit plans. Vice Mayor Dawkins: A hundred and eighty days. 180 days, J.L. Mr. Odio: We have 60 days to review it. We do not know if they need a f`4 special permit at this time. Commissioner Plummer: OK, I just want it spelled out, that's all. You will start then construction 180 days f rom assuming this is passed on the 13th of September. You'll have the shovel in the ground and the trailer will finally be there. Mayor Suarez: OK. Any further questions of the staff or the offering proposed successful bidder? If not, I'll entertain a motion on this item. Commissioner Plummer: I move we accept it as presented by the technical and the experts and everybody that knows what they're doing who presented documented evidence to this Commission that that is the only way that we can travel, I so move. Mayor Suarez: So moved. Commissioner Alonso: I second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 136 F�0 11 The following resolution was introduced by Commissioner Plummer, who moved its adoptions RESOLUTION 140. 90-535 A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER FOR THE SELECTION OF MIAMI CAPITAL FACILITIES, INC., AS THE SUCCESSFUL PROPOSER FOR THE DESIGN AND CONSTRUCTION OF A FEDERAL LAW ENFORCEMENT BUILDING TO BE LOCATED ON A CITY -OWNED LAND PARCEL ON BLOCK 78N9 BOUNDED BY N.S. 4TH AND 5TH STREETS AND N.E. 1ST AND NORTH MIAMI AVENUES, IN DOWNTOWN MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH MIAMI CAPITAL FACILITIES, INC., FOR THE DESIGN AND CONSTRUCTION OF A FEDERAL LAW ENFORCEMENT BUILDING; REQUIRING THE AGREEMENT TO INCLUDE CERTAIN TERMS AND CONDITIONS (MORE PARTICULARLY DESCRIBED HEREIN) AND TO COMPLY WITH THE CITY'S MINORITY PROCUREMENT ORDINANCE REQUIREMENTS AND OTHER APPLICABLE LAWS; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION AS SOON AS PRACTICABLE FOR ITS REVIEW, CONSIDERATION AND APPROVAL PRIOR TO THE EXECUTION THEREOF; AND FURTHER PROVIDING THAT THE HEREIN SELECTION OF MIAMI CAPITAL FACILITIES, INC., AS THE SUCCESSFUL PROPOSER DOES NOT CONVEY AND CONTRACTUAL RIGHTS UPON SAID PROPOSER UNLESS AND UNTIL THE PROPOSED AGREEMENT HAS BEEN EXECUTED. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 31. DIRECT ADMINISTRATION TO ENSURE THAT MIAMI HIGH SCHOOL IS ABLE TO PLAY ITS FOUR GAMES AT ORANGE BOWL - ENSURE, ALSO, ONE GAME EACH BY NORTHWESTERN AND JACKSON HIGH SCHOOLS, UPON REQUEST - WAIVE DESIGNATED FEES. Mayor Suarezt What is the Miami High's request, if anybody knows? Are you on the agenda, are you here to sort of to... Vice Mayor Dawkins: Are they on the agenda? Mayor Suarez: ...say, Hi, or compliment us on our proceedings and... Vice Mayor Dawkins: Or is this a civics class? Commissioner Plummer: That's fine. Mayor Suarez: OK, why not a spokesperson for the Miami High team or cheerleaders or both... Mr. Odio: Item 72, I think it is. Mayor Suarez: ...at the request of the Vice Mayor Dawkins, we'll take you out of order. 137 July 12, 1999 r ,Ta y. `k 41 Vice Mayor Dewkina: Seventy-tvo. Y Mr, Odiot Seventy-two, Mayor Suareat Yea, OK, if you need to get somebody..._ Comissioner De Yurret Mr. Mayor, this item, if I can... r Mayor Suarezt Commissioner De Yurre. Commissioner De Yurret ...give some information here. They're here today' because they need our support to ensure that they will continue to play _ football at the Orange Bowl. And... i. Mayor Suarezt This is a waiver of some rental fees or something? Commissioner De Yurres Well, OK, you can go ahead and talk now. Mr. Ralph Arzent OK. You know, Max - Max, do you want to go first? Mayor Suarez: Give us your name please, coach. — Mr. Arzen: Ralph Arzen. Sr Commissioner De Yurre: Let's get down to the point real quick. Ralph, how many games do you have this year coming up at the Orange Bowl? .. Mr. Arzen: We have four game scheduled in the Orange Bowl. Commissioner De Yurre: Four games. Max, what is the cost per game basis? - Mr. Max Cruz: The cost per game is approximately $3,500. The... Vice Mayor Dawkins: Well, I have $4,250 here. Mr. Cruz: It's about four thousand... Vice Mayor Dawkins: I mean, I don't know where they got the forty... Where did they get the forty-two fifty from? Mr. Cruz: No, the cost of forty... about $4,200 per game. Vice Mayor Dawkins: OK, that's better, all right. Commissioner De Yurre: Per game. OK. And we're talking about - and how much '. is Miami High paying towards those costs? -;< Mr. Cruz: The only thing that they are... Commissioner Plummer: Seventy-two, I think. - Mr. Cruz: ...were paying was seventeen fifty. Commissioner De Yurre: OK, so the differential from the seventeen fifty, the forty-two fifty, twenty-five hundred? r Vice Mayor Dawkins: Yes. Commissioner De Yurre: Times four games. Commissioner Plummer: Yes seventy-two. nr Commissioner Alonso: Thank you. - Mr. Cruz: Like $3,500 different, thirty -Pour, thirty-two, depending. W. C*manissioner De Yurre: No, hold it, hold it, they pay $1,750 and -it costal .`_ $4,250, that's $2,500. Right? Mr, Cruz: Per game. G 138 July 120 vl tT.+sthR5maG'a �..-��� s ` WAA {s Mr# Argent Twenty-fwr fifty, 4 Commissioner De Turret Per game, Mr. Argent 3'wenty-four fifty per game. Mr. Odiot Last year it cost us $0,000 for throe games played. _ Vice Mayor Dawkins: Why can't you pay but $i,$00? { Mr. Arzent Why can't we? We can pay it. Vice Mayor Dawkins: I said, why can't you pay but $1,8007 Commissioner Plummer: Why can't you pay more?'. Mr. Arzent because we just financially, we can't handle it. } '-k Vice Mayor Dawkins: OK, OK, tell me why. Mr. Armen: I'm tell you. Vice Mayor Dawkinst Tell me why. And don't tell me what expenses you got to cut it, that's all I need to know. Commissioner De Yurre: OK. tit Mr. Arzen: See, our attendance in the games, we average about 3,000... Commissioner Plummert See, that's where the problem came before. You're talking about a stadium that holds 70,000... Commissioner De Yurre: Seventy-five. Commissioner Plummer: And when they came before the Commission before, it was said that they don't need the need of a 70,000 seat facility. And that's why it was recommended they move to a smaller facility that would accommodate them and be at a tremendous amount of cost less. Commissioner De Yurre: I think that we go to talk about tradition and certainly... Commissioner Plummer: Yes, I'm the only graduate up here from Miami High. Commissioner De Yurre: How about that? Vice Mayor Dawkins: Are you bragging or complaining? ti Commissioner Plummer: No, because I, you know... Vice Mayor Dawkins: OK, all right, we don't need to know. Commissioner Plummer: Let me tell you where I'm simply at. Whatever it costs this City for them to play in the Orange Bowl, I will move. But I cannot, in lieu of the conditions financial of this City, be subsidizing them. Because when I do, then I've got to subsidize Jackson, Edison, and all of the rest of the schools. Now, you know, I just voted for a nine hundred and eighty thousand - excuse me - nine hundred and eighty million dollar bond issue is my taxation. They tell me on TV this morning, their taxes in the school board are going up again and they're not in the maximum millage, but I am, I love my school and I'd love for them to play in the Orange Bowl as long as they will cover the cost and we are not out-of-pocket, I'll vote for it. But I.., Commissioner De Yurre: Well, let me may one thing, J.L., as you know, we're working on the youth center at Curtis Park and part of the plans includes ¢. r refurbishing that stadium so that they can play football there, have hi6h school games there and that will take care of these situations that we have sk )' the Orange Bowl because it is, really, it shouldn't be played there, Butt £, hopefully, by in about a year and a half or so, we'll have that fixed up and, they can start playing football next season. Not this one, but the foliowlso x *An over there. x 4 � a "t F n u 1 Vice Mayor 1lawkina t Are you sayings 3 L. , that we should... commissioner fiumnert whatever cost is, Vice Mayor hawkitst Are you saying We should demand that the school board pad r half and we pay half? Commissioner Plummert I'm saying that the school board should rightfully pick up any tab beyond what they can afford from revenue. It's only right. Now) all I'm asking for is cost. Now, I have to ask you a question. You're � telling me the cost to the City is $4,200 a game? May I ask what part of that is for cleanup? Mr. Cruz: Cleanup is per game was... Commissioner De Yurre: five -fifty. Mr. Cruz: Seven hundred and twenty-one in one game last year, about f ive hundred and twenty-one in another one and five hundred and twenty-one- in another one. That's an average of about $600 per game to clean up. Commissioner Plummer: OK, as long... Mr. Cruz: The personnel is roughly around $1,300 to $1,200 is the event personnel. The light, the electricity, was estimated by GAA but GSA a little bit high and I used the industry standard of $600 an hour and it runs about f to $2,400 per game. Commissioner Plummer: OK, you know, irrespective of all of that, I would love to see Miami High play in the Orange Bowl, but I'm saying that as long as they cover cost. That's all I'm asking because I can tell you, without question, the other high schools in the City limits are going to ask for the same and I don't know how we would deny them. And, especially, I don't want Jackson coming in here when I vote no and say, "You were an alumni of Miami High and that's why you voted for them and not us. I'm saying, cost factor, I vote for you. Mayor Suarez: You've already eliminated the rental fees? Mr. Cruz: The rental they pay last year, Mr. Mayor, was $1,750 rental fee. Commissioner Plummer: No, rental is not out-of-pocket. pocket. That is not out -of - Mayor Suarez: OK, so when you say we can afford to pay... the rental then? Mr. Cruz: I'm excluding the rental, that is not... Mayor Suarez: All right, let's make a motion on that. Do we need to do that, Mr. Manager? Can we just, by administrative fiat, exclude the rental? Mr. Odio: No, you have to waive the fee and... Mayor Suarez: OK, I'll entertain a motion on that. Let's get that out of the way. Commissioner De Yurre: How much is the fee? Mayor Suarez: And obviously, any other high school in the area that would want a rental waiver... Mr. Odio: Seventeen fifty. Commissioner De Yurre: Seventeen hundred and fifty dollars is the fee... Mr. Odio: Per game. Commissioner De Yurre: ...and that's part of the forty-two fifty. Mr. Odio: That's the rent. The rest is cost. 140 i { s July 12 f 1-90�� ' z e� k` €• x 7.M�1i,. Iz dA I IN �..- i Kf � t Mayor Suareti Thereta 6aly two ether high schools its the pity row, ao Commissioner De 'Yurrea So, we're drill talking about the $2,500. a '..'' Mr. Odiot You're still talking about the electricity,* the wait, +salt... � Mayor Suarest OK, would you please vote on let's vote on the rental waiver so we get that out of the way. Commissioner Plummer: I would like to ask this clarification. 3 Mayor Suarers Yes, Commissioner Plummers If you eliminate the rental per game of the $1,750,µ, what is left? Mr. Odios Well, let me say this, let me clarify... Commissioner Plummer: What good is it to eliminate the rental if they can't afford the rest? Vice Mayor Dawkins: OK, since you all are waiting... Mr. 0dios The ordinance fee calls... Vice Mayor Dawkins: ...who - of the four games, who do you play? Yd q'�{g S Mr. Arzen: We play our first... Vice Mayor Dawkins: The four games you're going to play in the... Mr. Arzen: OK, our first game will be against Palmetto High School. We moved that to a... Vice Mayor Dawkins: That will be in the Orange Bowl? Mr. Arzen: Yes, a Saturday afternoon... Vice Mayor Dawkins: All right, the second game will be who? Mayor Suarers Who are the games? -just so we know what other City teams are maybe... Mr. Arzen: Edison. Vice Mayor Dawkins: Edison, all right, so now we got two City teams... Mayor Suarez: Right. Vice Mayor Dawkins: ...on one game. Go ahead, who is the next one? Mr. Arzen: We play Southwest. Vice Mayor Dawkins: Southwest, I don't know enough about them. Go ahead. Mr. Arzen: And Coral Park. Vice Mayor Dawkins: Coral Park. Commissioner Plummer: They're both out of the City. Commissioner Alonso: Both are in Dade County. Vice Mayor Dawkins: So, therefore, we only have to snake a night available for Jackson and Northwestern because we're already making a night available for Edison when we let you and Edison play. Mr. Arzen: See, our situation is this... Vice Mayor Dawkins: No, hey, no, no... >; { t 141 July 122 J99*0 ; s Fol Mr Arsenf ,..that we don't play - we don't have a home stadium. high school in the City does except us. Mice Mayor Dawkins: Hey, we under... We're with you, OK? Mr. Arment OK. Vice Mayor Dawkins: We're with you, OK? Take it easy, all right? Mr, Armen: I got you. Vice Mayor Dawkins: See, so now that means that Jackson, we have to waive one night and Northwestern. So, three - you want four nights, right? Mr. Armen: Yes. See, they already have their nights... Vice Mayor Dawkins: Three nights or four nights? What are you asking for? Mr. Armen: Four. Three... one afternoon and three nights. Vice Mayor Dawkins: Four nights and two nights is six nights. So, we've got to come up with a waiver for six nights. That's all we got to do, and this... Mr. Armen: OK, why do you need the ones for Jackson and Northwestern? Vice Mayor Dawkins: Because they're in the City of Miami, that's why. Mr. Armen: OK, but they already have their games... Vice Mayor Dawkins: They are in the City of Miami and we're using City of Miami dollars. Therefore, we must distribute it equally. Commissioner De Yurre: You worry about Miami High. Mr. Armen: OK. Vice Mayor Dawkins: OK, that's right. You take care of Miami High. Commissioner Plummer: OK, let me ask a question. Vice Mayor Dawkins: Or we'll give it all to Northwestern and Edison and those and leave you out. Whichever one you want. Mr. Armen: No, but they played Dade north. They already have a stadium. Vice Mayor Dawkins: available. Mr. Arzen: OK, then. If they decide to play over there, we must make it Commissioner Plummer: Question. Vice Mayor Dawkins: That's all, ain't no problem. Mr. Armen: I understand. Commissioner Plummer: Mr. City Attorney... Mr. Fernandez: Yes. Commissioner Plummer: ...what are the ordinance relating to the surcharge? Mr. Fernandez: Yes. What about it? Commissioner Plummer: How can you avoid it? Mr. Fernandez: You can't. Commissioner Plummer: Are you aware of the surcharge, sir? Mr. Arzen: I am. We are. 142 Lam,' '# -� t- ta n y Cowtialonor Pitoamtt Are you willint to pay that? Mr, Areetit dell, last year what happened, the City underwrote the surcharge, � Mr. Crust No, sir. Last year, the City did not. The surcharge.,. r� Mr, Arsent V6 didn't pair it. Mr. Crust :..you were told to pay it and you came buck to the City Cotmifikift and request that the City pay the surcharge from Special Programs and Accounts, and they did it. ' Mr. Arzen: OK, we didn't pay the surcharge because the Florida high School Activity Association has a set price ticket per game., Mr. Cruz% The City paid. Mr. Odiot The out-of-pocket cost per game is $4,121. Mayor Suarez: That's out-of-pocket, that already has a built in rental waiver. Mr. Odio: The rental by the ordinance is $5,000 per game which you reduced last year to $1,750. Vice Mayor Dawkins: What, $4,100? Forty-one hundred? Mr. Odio: The total out-of-pocket cost is $4,121. Mayor Suarez: Once again, that does not include the rental. Mr. Odio: That does not include any rental. >, Mayor Suarez: All right. Vice Mayor Dawkins: So, we're talking about twenty-four... Mayor Suarez: I'll entertain a motion one more time on the rental waiver to get that out of the way for... Commissioner Plummer: Don't you have to take... Vice Mayor Dawkins: So move, for six games. Commissioner Plummer: For six or four?< Mr. Odio: Six. Mayor Suarez: Six, assuming that we'll have a total request of six games from the three City high schools. Commissioner De Yurre: Second. a Mayor Suarez: And assuming that they don't conflict with any other events scheduled there so they have to adjust their schedules. So moved and seconded. Any discussion? If not, please call the roll. ; f ny Y: t q�t Z, ak: x a t r k 143 Julys 12 r r + z P° -� rt tq The following motion was introduced by Commissioner Dawkins, *h* wed Its adoptions MOTION NO. 90-556 aµ THE HBRBINABOVS MOTION IS INCORPORATED IN TMB TEXT Or - RESOLUTION 00-537, SEE BELOW. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: r AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins` Mayor Xavier L. Suarez NOBS: None. AtSENT: None. Mayor Suarez: Now, the remaining costs for your particular requests will be... Mr. Odio: Just, all you have to do is waive the rent. r Mayor Suarez: One afternoon game and three night? 7' Mr. Odio: Yea, just tell us to waive the rent and we're covered with them. Commissioner De Yurre: Move to waive the rent. Commissioner Plummer: Where do you get the rest of the money? Mr. Odio: He's paying $4,121 per game. Commissioner De Yurre: Well, he's saying now. Commissioner Plummer: Well, but he doesn't understand that. Mr. Odio: You'd better tell him. Mr. Arzen: Yes, clarify me, please. Commissioner Plummer: Yes. s= Mr. Odio: You're going to have to pay $4,121 per game. Mayor Suarez: For night games. : Commissioner Plummer: No, for games. z'- Mayor Suarez: What about the afternoon game? Mr. Odio: No, that's the same figure. Vice Mayor Dawkins: Well, what did we waive then? What did we just waive? Mr. Cruz: Afternoon game reduced $2,400 ;., Commissioner Alonso: What are we waiving? . A.. Mr. Odio: OK, you have one afternoon game... Mayor Suarez: Please, please, please. Mr. Odio: ...you can reduce 42,400 from the... ;. Mayor Suarez: Thank you. I mean, there is a difference. You've got a light Y j; component here which apparently is very expensive, so the afternoon gamoij a - lot lase. All right. So, the three night gasses... ' 144 July 1, 1� ., ty, h ri kr, Od io: minas fine. " �= Mr, -Crust Correct. 4 Comissioner Plummer; 7'h6re's one, so that drops it by nix hundred. Mayor Suarez: mall, what is the lighting? I thought I wan reading here 1 F twenty fi= Mr. Arzen: It's $2,400 for the lighting. Mr. Odio: Light is $2,4000 we reduced one game from $4,121 to $1,721. 3-„ Commissioner Plummer: I'll move it under those circumstances. x. Mr. Arzen: So, what are we looking for per game? What's it going to cost us' to play a night game in the Orange Bowl? Mr. Odio: Per game, the day game is $1,721, the night games $4,121. Mr. Arzen: And that's waiving the - but you're waiving the fee. Commissioner Plummer: We're waiving the rent. t Mr. Odio: The rent is $5,000. Vice Mayor Dawkins: Say what now?; Mayor Suarez: Waiving all the rent. Commissioner Plummer: You got a facility that seats 5,000 - ah, 70,000. —_ Mr. Arzen: No, I understand that. I wish we had the facility to seat 5y000. That's what we wish we had. Commissioner Plummer: I'll move it under that recommendation of the Manager. Mr. Fernandez: Mr. Mayor, point of order. The ordinance that we have in exception and does not lace right now for the seat charge does not make an exce P g 8 P give this Commission, the way that it presently stands, the opportunity to waive it either. ' Mayor Suarez: I see, work, work. What would it total... Commissioner Alonso: Then we are talking about how much? Commissioner Plummer: Fifty cents a ticket, I think. Mayor Suarez: ...what would it add up to roughly, for the four games in question? Commissioner Plummer: It's fifty cents a ticket I believe. Mayor Suarez: What would it add u to roughly, for the four y P , B y, games in 1 question? Mr. Odio: I don't know, what is your attendance? Mr. Fernandez: I didn't pass math. 1 Mayor Suarez: Whoever doesn't know, don't answer... Mr. Arzen: Twenty-five hundred. Mayor Suarez: Wait, wait! Whoever knows or might know or might come closes to ` knowing, please answer. Max, do you have an idea what that is? r .; Mr. Cruz: Last year, the average surcharge was around $1,100 to $1,200 por game. Mayor Suarez: We're talking about four games, so it's about $4,800, roughly, $4,500. OK, Commissioners, that's almost within the admibistr_*U� discretion of the Manager. 2 145 July 1�y,fVie` y r -- !M t 4 t -. V^ t t Camissioftar Pitemri so hate going to, in other words, have to flay roii mataly AS 000 per gage. Rxcept for the afternoon game which would be ;. $600 chaaper. to that correct? Mayor Suares: Just talking about the surcharge at this point, to that they Commissioner Piuimar: All right, I'll move it under those circumstances. t Mayor Suarez: So moved. ` Mr. Fernandezi Mr, Mayor, I hate to may this, but I need clarification. I need this resolution to be very clear. Mayor Suarez: We estimated the surcharge for the four games to cost roughly between $4,500 and $5,000 which would be money that the City would have to ley out since, by our own ordinance, we cannot... Mr. Fernandez: Correct, so then you expect the administration to come up with this money and give it... Mr. Cruz: How? Mr. Fernandez: OK, let's hear it straight. Mayor Suarez: That's what the motion would have entailed... f Mr. Fernandez: OK. Mayor Suarez: ...Mr. Commissioner. If you're not moving that then... Commissioner Plummer: No, what I moved was the recommendation of the Manager which included the surcharge which we have to do. Mayor Suarez: OK. Commissioner Plummer: We have no choice. Mayor Suarez: All right, so we've already got that. There's nothing else for you to move then. We've waived the rental, but the surcharge has to be paid. Vice Mayor Dawkins: Under discussion. What is that fund that we put money into when the developers came down here and said they were not going to buy no more black olive trees? Mayor Suarez: Very good point. What about the fund that we created for the contributions by developers? How much money do we have in that? Vice Mayor Dawkins: How much is in that? Mayor Suarez: Which we asked to have you consolidate so that it wouldn't all go to whatever it had been going in the past. Commissioner De Yurre: Well, isn't that going when Stanley Tate came by with that group that was going to go to the senior centers for paint and stuff like that? Remember that one? Mayor Suarez: Yes. Commissioner De Yurre: For the next year? Vice Mayor Dawkins: For a year? Commissioner De Yurre: For a year, you were here. ?a Vice Mayor Dawkins: Oh yes, OK. That's right. No, not all of that. We#vs got to... I think... Mayor Suarez: We've extracted a few pretty large donations from developers.... j Commissioner Plummer: They just haven't been... � ; :� Z Mayor Suarast... but nobody ever roeme to know how much is in that fund. Commissioner plummor: I don't think they've been paid. Commissioner De Yurret Mr. Mayor, let me tell you so we can stone on 'With this, t would like to have happen, whatever was done last year, that we do it this year. Whatever it was. You know, I think that... how many yearn is Miami high been playing at the Orange Bowl? Mr. Arzent Over sixty. Commissioner De Yurret Over sixty years? Mayor Suarez: All right. How about this Mr... Commissioner De Yurret You know what I mean, I'm not going to be one to break tradition. Mayor Suarezt How about this, Commissioner De Yurre. How about if it can be done from funds donated by developers from extractions that we've made in the past and if not, the Manager will report back to this Commission. Commissioner De Yurre: I think that we just got to leave it in the Manager's discretion to come up with the money... and then take it from there. Vice Mayor Dawkinst You know, we run around here and we look at things and we say, we're trying to keep youth away from drugs and we're doing this and we're doing the other and then when we get something constructive, we find everything in the world to do but fund the youth groups. I mean somewhere along the line we've to be, you know... (applause) ... hey, let's do what we have to do. Mayor Suarez: OK. Do you want to accept the proviso that we hope to find the money between now and the second meeting in July from that fund or not? Commissioner De Yurre... as the moving party... Or give total discretion to the Manager? Commissioner De Yurre: Well my motion right now is to ensure that Miami High will continue to play at the Orange Bowl this coming football season. Vice Mayor Dawkins: And as people make donations, we will refund the money. Commissioner De Yurre: That's right. And as we get additional funds, we'll find a way. Mayor Suarez: OK. So moved, and we have the outside amount of what it might cost assuming we don't find that money, so I think it's a proper motion, is it not, Mr. City Attorney? Mr. Fernandez: Yes, so long as the administration is aware of it. That's my only concern. Mayor Suarez: That's what I was hoping, you would sort of make him aware of what we're talking about so we understand a motion before we vote on it. Unidentified Speaker: It's up to you. Mayor Suarez: Do we understand what the outside amount is if the funds are not identified from any voluntary contributions that we have obtained? Commissioner De Yurret What it was last year? Mr. Fernandez: Mr. Mayor, usually the way that resolutions work is that resolutions allocate funds and they identify the source of funding. Mayor Suarez: This is not a usual resolution. This was one in which he gays he wants to make sure that the games are able to be played and financed, Mr. Fernandez: Sure. And then it can be done but the resolution would read, in principle contingent upon funds being received. k Vice Mayor- Dawkins: No. f. 147 July 120149Q 1 s vet Mayor guareses That's not the way the notion was made. -Vice Mayor Dawkins: That's not the way the motion was made. Mr. rernandoet So then if the motion reads any other way, then the administration must find the money. The fact that the administration would reimburse itself from proceeds that they would get from other sources... Vice Mayor Dawkinst No, that's..,. that the Commission get from other sources. Mr. Fernandezi Yes, that the Commission would get from other sources, that's something also. But then... t' Mayor Suarers Is the administration then aware Mr. City Attorney or Mr. Manager, of what the import may be financially of the motion? Mr. rernandez: I am aware. I don't know whether the administration is. Mayor Suarez: Would you please... Commissioner De Yurret You know, Mr. Mayor, let me says that one football season starts when? - September? Mr. Arzen: September. Commissioner De Yurre: One of the things that we might look into is, and I can certainly take back to is, trying to get some assistance from the Miami Sports and Exhibition authority to aid in the effort. Commissioner Plummer: That's fine. Commissioner De Yurre: Provide again, but still, in a cooperative fashion to try to come up with some assistance. Commissioner Plummer: Let me tell you, I want to remind this Commission that back when this issue came up before and we said to the school board, you should finance it, you know what their answer was? Tell Miami High to play in a smaller facility. That was the school board's answer. Commissioner Alonso: That's ridiculous. Commissioner Plummer: No, that was their answer. Mr. Arzen: Hey, right. Commissioner Plummer: And they've got the same ten mil cap that we've got, and they were nowhere near the top. Mr. Arzen: Commissioner Plummer, it comes back to one thing. Here we are, Miami Senior High School, and we have -to play our home games at Tamiami Stadium? That's not fair. Vice Mayor Dawkins: But see, you're going to lose me because you down.here arguing with me instead of arguing with the school board. See, I'm with you. Mr. Arzen: See, I'm a school board employee. Vice Mayor Dawkins: See, but you're beating up on me. So, you're a taxpayer, tOO. Mr. Odio: What about the Miami Stadium? Vice Mayor Dawkins: No, no. Mr. Arzen: It's not feasible. Mr. Odio: Why not? It sits ten thousand people. Mr. Arzen: Our principal doesn't feel that he will like to play the h Samoa there at night. x 148 July 3210 m Fite Mayor Dawkins: Oh, hog► awest. Mr. Odio: Oh, see. the... Wail then, tell your principal to write a check for Commissioner De Turret Ott. 'Well, let's wrap it up guys. Mayor Suarera: One last question. We have a Commissioner who typically Tooke 3 to use funds from a trust fund that is creative from divestitures and so on by the police department. Once again, the Law Enforcement gust Fund wouldn't h_ possible available for this kind of a program? It is in line with Vice Mayor Dawkins, as usual. r, Vice Mayor Dawkina: Why riot? Commissioner Alonso: He's coming, no, no. Vice Mayor Dawkins: It's the youth. Commissioner Alonso: Why not? Vice Mayor Dawkins: It's dealing with the youth. Commissioner Plummer: This is football, they only like soccer. Lt. Joseph Longueira: education program. Commissioner, it's supposed to be a drug or crime Vice Mayor Dawkins: We're keeping them... well, all right. game will be a drug rally, and say no to drugs. Commissioner Alonso: We're keeping them away from drugs. Lt. Longueira: We'll send it to the law department and get a legal opinion. Commissioner Plummer: Boot Hiss! Ha, he. Vice Mayor Dawkins: Every football game will be a rally, say no to drugs. Mayor Suarez: When are we going to get a report back as to... Commissioner Plummer: What high school did you graduate from? Commissioner Alonso: But listen, don't we have some funds? Mayor Suarez: I think we have. Commissioner Alonso: We have collected quite a bit from the developers so, I'm certain we have some money. Mayor Suarez: I think we have a fund that should be substantial. All right, in the interest of brevity here, we have a motion that request for the Manager to look everywhere he can other than the General Fund to fund this and if not, to go ahead and spend it from a General Fund. Do I understand your motion correctly, Commission De Yurre? All right. And we have a second on that motion. Any further discussion? It was seconded by Vice Mayor Dawkins. Call the roll, if there is no more discussion on it. a RESOLUTION NO. 90-53I A RESOLUTION DIRECTING THE CITY MANAGER TO ENSURE THAT MIAMI HIGH SCHOOL IS ABLE TO PLAY ITS FOUR SCHEDULED FOOTBALL GAMES IN 1990 AT THE ORANGE BOWL STADIUM; ADDITIONALLY ENSURING THAT NORTHWESTERN HIGH SCHOOL AND JACKSON HIGH SCHOOL ARE ABLE TO PLAY ONE GAME EACH IN 1990 AT THE ORANGE BOWL STADIUM IF THEY SHOULD SO 75 REQUEST, PROVIDED SCHEDULING OF SAID GAMES DOES NOT CONFLICT WITH PRESENTLY SCHEDULED ORANGE BOWL RVENTS; FURTHER DIRECTING THE CITY MANAGER TO WAIVE THE RENTAL FEES AND TO IDENTIFY AND ALLOCATE WHATEVER FUNDS MAY BE NECESSARY TO COVER THE COSTS FOR SAID GAMES (APPROXIMATELY $1,100 TICKET SURCHARGE AND $4,100 GENERAL EXPENSE X 6 GAMES), PREFERABLY FROM SOURCES OTHER THAN THE GENERAL FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Dirty deal. Commissioner Alonso: Say yes. Mr. Arzen: Or go to JRS. Mayor Suarez: Please. Commissioner Plummer: You want to go JRS? Unidentified Speaker: No. Commissioner Plummer: Go talk to Mike Robbie. You know, I've got to vote, yes. All right? (APPLAUSE) I just don't like the idea that the school board has the money and they tell you, no. OK? That's in my craw. By God, I pay my taxes to the school board just like I pay them to the City. It's a minimal amount of money and I'll go along with tradition but I just really find it objectionable that they can't support such an issue. Mr. Arzen: I agree with you. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: And we also ought to ask the Orange Bowl committee possibly, to contribute hopefully, we'll reach an agreement with them. Commissioner Plummer: Yes, ah huh. Mayor Suarez: All right. Commissioner Alonso: We tried. y tr # x � 4 s �f 'on IR i'• Camissibner flu : They'll negotiate that just the minute the snew plows aams aft of P'lagler gtmt: Mayor guaret: `that is the morning item that we're up to? Mr. Odio: Item 14. Mayor guaret: Item 14. Commissioner Plummer: This gentleman would like to say, thank you. Dr. Bill Averson: Mayor Suarez, I'm Dr. Bill Averson and I live near the Orange Bowl and born and raised in Miami, went to Miami High. Two of my.'.. lay brother and sister were presidents of Miami High. Two brothers played football and I played on a national champ team. I've known a fellow named Plummer in the past and I really want to thank you for this because an ancient proverb says, don't remove the landmark that your fathers have set. My father was a founder of the Orange Bowl and Shenandoah Park. Glad to be back in Miami after forty-three years and I brought the cheerleaders... I'm the luckiest guy here. God bless you and thank you. Mayor Suarez: Thank you. -- ----------------------- --------------------------- ---- -- - -+ 32. DISCUSS AND DEFER PROPOSED FIRST READING ORDINANCE AMENDING CODE CONCERNING FEES COLLECTED THROUGH CITY ADMINISTRATIVE DEPARTMENTS FROM USERS OF CITY SERVICES AND FACILITIES TO PROVIDE FOR THE ANNUAL APPLICATION OF A COST FACTOR FORMULA TO BE USED IN FIXING SAID FEES. Mayor Suarez: What is item 14? Mr. Manohar Surana: Commissioner, what we are trying to propose, that on annual basis, we look at the costs for all the fees we are charging based on a formula. Based on their formula, then looking into a price mechanism, taking into consideration social benefit, competitive prices of the neighborhood, local governments, state and federal guidelines. And based on all those factors, if there is need to be any change in those fees, we will provide those changes to City Clerk thirty days before implementation and to the Commissioners for their review. And we will also include them as a part of our annual budget process and therefore public will have, say so, on those items. Commissioner Plummer: Mr. Mayor, this is something that I have asked for, for a period of time. The City has got to come to a realization that, ad valorem taxation cannot go up, we're at the max anyhow. The only thing that can go up is the users' fee. I don't know of any fair way to operate a business than if you use it, you pay for it, and not to continue increasing ad valorem taxation. The problem that we have had around here is the fact that there has never been an equal and fair formula that as the cost of living and everything else goes up, that we have public hearings here, and in fact we have nothing but screaming matches rather than public hearings. I think this is a way of coming about the fact that a user is the payer and as such, there will be a normal formula of escalation every year as the cost of doing business goes up. Mayor Suarez: If we're talking about. I may, just get a quick run down of what user fees that Commissioner Plummer: Everyone of them. Mr. Surana: All the users fees being charged by the City. Mayor Suarez: I want a run down specifically, of which ones we're about... does anybody have that? Commissioner De Yurre: Including garbage? Mayor Suarez: Hopefully, somebody has that. Mr. Surana: Yes. 151 { l ,Tiny l�, 1°99Q f f 7,17Y r` V �'` Mayor Steetes: You might start by Clarifying if it Includes.., R Mr. guraftas Oil. All the fees charged by polite department, fire departaefit, public works, enterprise fund, solid waste department, there are roughly about more than 200 line items. z �a Cotstnissioneg Alonso: I have a question. I have seen a change in the solid waste bill. - Mr. Odio: Oh, no, that was the format... yes. Commissioner Alonso: Yes. This change that we have seen has something to do ? with this? - Mr. Suranas No. Mr. Odio: What we're doing is... Commissioner Alonso: No? Why are you doing that? Commissioner Plummer: It's the same bottom line. >r N{� Mr. Odio: What we're doing is identifying in the bill... identifying whata we're paying the County for dipping fees. We wanted to separate what we are actually paying the County for taking our garbage to them and we have to pay them $36.00 a ton and we were notified, by the way, yesterday, that they're ��_ going up $7.00 a ton.' Commissioner Alonso: Isn't it essentially the same thing? Mr. Odio: No Mr. Surana: No. Commissioner Plummer: Yes, it is. Mr. Odio: What do you mean? Commissioner Alonso: How is it different? Mr. Odio: Yes, it is. Commissioner Plummer: Still eighty dollars. ,u Commissioner Alonso: Now, suppose we approve this, how will it be different? .. Tell me. Mr. Odio: What do you mean it still is the same. Commissioner Plummer: What she said is true. It is essentially the same. Mr. Surana: Manager... Mr. Odio: Or, OK, yes. Mr. Surana: Manager, OK. On.. z Commissioner Plummer: It's eighty dollars. Commissioner Alonso: So you have actually started it already, haven't you? Mr. Surana: No, no. Commissioner... Commissioner Alonso: Well, explain to me the solid waste method. if ski Mr. Surana: What we are suggesting, that every year, we will do based sin formula, cost analysis for all the fees charged by the City. Them we're $*in' "' t to look at what the fee charge is in the area, what fee in charged in otbsr governments, then we've got to take into consideration, federal guidelines mW s- state guidelines, Based on that analysis, if there is .any mead to incrooso the fees in that case, we will submit those than g4o to the City Clark sad to `3 the City Commissioners thirty days prior to implementing those feels, 152 July 4, 109, } , x: 4. .- Commissioner Plummers Let me give you a classic example, if I may. U96r fees in the police department. We charge for a copy of an accident report::. what is it nov! - $34000 $1.00. Commissioner Alonso: No, $1.00. Commissioner Plummer: Seven dollars? Commissioner be Yurre: Sight dollars, no? Commissioner Alonso: Something like that, approximately, yes. Commissioner Plummer: Seven dollars, OK. For your edification, what is in fact the cost to the City, and remember, we are providing these accident reports primarily for insurance companies and lawyers, that's what we're providing them for. Each report costs the City of Miami $66.00 to produce. It is my feeling that if that's what it cost us, that's what they should pay. They are the users, if they need that report then we produce it, they should pay the cost back that are involved. It is unfair for you and I to have to pay for that unit of the police department to produce those reports for other people. Especially people who don't even live in the City of Miami. That's what I'm saying that I feel, that a series of user fees is the fairest way that I know of. If you don't use it, you don't pay for it. Mayor Suarez: There's a problem that the Commission is obviously concerned with. Commissioner Plummer: OK. Mayor Suarez: One is the self actuating aspect of all of this. It seems that you're proposing that this happens somehow automatically from year to year based on calculations such as the one you just made, which I don't buy, by the way, there is no possible way that I would accept at this point to increase the price of getting one of those reports for $66.00. There is just no way. But besides that, there is the issue of which fees we're talking about. Nov, please, let us do a quick run down. If you want .to me to move to vote... listen... Mr. Surana: Yes, sir. I'll give... one second. Mayor Suarez: ... if you want us to vote right now for a fee for getting police reports that maybe ought to be increased on a yearly basis, I think most of us would vote for that. If you want me to vote in favor of increasing the fee for collecting garbage and calling that a user fee, I have a feeling you're going to take a loss on that vote. All right? I don't want to say what... Mr. Surana: OK. Mayor, we're not recommending to raise any fees right now. What we're saying... Mayor Suarez: What fees are covered by this ordinance? Mr. Surana: All right, OK. — Mayor Suarez: Does it include first of all, the garbage fee or not? Mr. Surana: Yes, it does. Mayor Suarez: You're calling that a user fee? Mr. Surana: Yes, sir. ` Mayor Suarez: All right. Well, you're not going to get my vote, I'll tell aY you that right off the bat. ,- Mr. Surana: You've got witness fee... Mayor Suarez: That is not a user fee because everybody in the City of Mimi produces garbage so that means we are all users and that's what we pity reel estate taxes to pay for the garbage to be picked up, among other things, rk 153 July 124 1940 4 W� 11� Mr4 gibe you rune of the GRAMP16t. Commissioner Plummert U611, wait a minute, Let me just ask the Mayor this. Mir: Mayor, the garbage tax has been $80.00 for how long? Mayor Suarezi It's $80.00 every six months. Mr. Odio: One Hundred and sixty dollars a year, Commissioner Plummer: How long has it been a hundred and sixty? Mr. Odiot Nineteen eighty-two, I believe. Commissioner Plummer: When? Mr. Odio: Nineteen eighty-tvo. Commissioner Plummer: All right. That's for eight years. Now, the taxation has not gone up, we've been at that top level where we are for at least five years. Mr. Odio: The property tax? - yes. Commissioner Plummer: Yes. OK. Now in that last five years, Mr. Mayor, we have gone from the dumping fee of $5.00 a ton to $36.00 a ton and we are now informed it's going up, how much more? Mr. Odio: They're going up $7.00 a ton which is the equivalent of two and a half million dollars a year. Commissioner -Plummer: Forty-two dollars a ton. Now we have not raised... I don't want to pay any more taxes... Where?... A- I Vice Mayor Dawkins: But you wouldn't have to pay, you would not have to pay any more taxes if we went to full service garbage collection. But nobody up here on this Commission fights with me to go and make everybody collect garbage in the City of Miami. And we collect it only and we pay for it. We are subsidizing the private haulers, in that the private haulers go to the :A condominiums and they pick up the garbage, they leave the trash... A Commissioner Plummer: All I'm saying is, where are you going to get the increased money? Vice Mayor Dawkins: Your... these citizens out here pay for the trash and the sweeping of the streets and that's why you don't make money. Commissioner Plummer: OK. Mayor Suarez: My other answer to that was two answers. First of all we should have never imposed a fee for collecting garbage, that's my view of it. Now that we have and now that we are depending on it, we're kind of stuck with it and we will like to be able to reduce it but we can't. If the County In collecting more for tipping fees for disposing of the garbage, that in in,part because the County pays their high staff salaries that are totally exorbitant and unacceptable in this community, including their City Manager and their City Attorneys.., Commissioner Plummer: County. Mayor Suarez: ... a hundred and twenty-five and a hundred and thirty and a hundred and forty dollars a year. First thing they have to do in, begin�to reduce that. Mr. City Attorney and Mr. City Manager, neither one of you have been recognized to speak. If you think that they are paid a fair wage, you're welcome to apply to the County to work for them. Now, otherwise we not the salaries for the City Manager and the City Attorney and we set the policy for this Commission, please. Now, that's how I feel about it, as to the garbage fee, I'll tell you that right now and now, if you exclude the garbage feet tell me what other fees, so called user fees, you're talking about, ri Mr, Odio: Mr. Mayor, may 1 ask... 4 154 July 124 1940 3 Mayor Suarest And I have by the Wray, no problem in differentiating between City residents who none for a report or who come to building and toning or who come to a variety of other services the City renders, OK, and has to pay a little bit more, a little bit less if it's a City resident than someone from outside the City. Coral gables already does that with their tennis courts, I've experienced that. So, I have no problem with differentiating, I think that's a good idea and that we should be looking at the fees on a case by case basis and trying to see if we can make users, if they are true users, pay for certain services the City renders which are not rendered to every citizen and for which we don't pay with real estate takes, but not otherwise. Simple as that. Mr. Odiot May I ask a question, Mr. Mayor. I'm just finishing the budget. How do you propose that we pay for the solid waste then? - additional now, is two and a half million dollars more. I understand the County is going to charge the homeowners $30.00 more a year than they are charging now which is three fifty. Mayor Suarez: Mr. Manager, we have discussed many ways of making the budget balancing including... Mr. Odio: How do we pay it? Mayor Suarez: ... the huge percentage of City employees who are driving City cars and don't even live in the City of Miami. Over eighty percent of those that are driving cars don't live in the City of Miami. We've discussed many, many other things that can be done. Consulting agreements, high level fee, high level employees... Mr. Odio: I just wanted... Mayor Suarez: ... and the salaries they make, a few that you and I have discussed that I think could be... Mr. Odio: We have reduced the budget this year by... coming up for 191 by ten million dollars... and I ... there is no more. Mayor Suarez: And I presume that by the time you present to this Commission, you have a balance budget as you are required to have and as we're required to approve. Mr. Odio: No, sir. Not after with the news that of two and a half... either we're going to have to raise property taxes... Commissioner Plummer: You're going to have layoffs. Big layoffs. Mr. Odio: ... to the maximum, which the rate is four million dollars or something else has to give. Mayor Suarez: OK. Something else will give, I guarantee you. Commissioner Plummer: You know, when you've got a budget that's ninety percent employees, you know where it's going to be. It's going to be layoff employees. Mayor Suarez: If you use that accounting system, a hundred percent of the budget is for employees. Mr. Surana: Mayor, if I may. What... Commissioner Plummer: I just want to put one thing on the record, OK? The same service in the County in which they pay ad valorem taxation in a double budget to the County, is $320.00 a year, just double what you pay in the City. You are mandated to put it at the curb, you do not have trash pick up as you have in the City of Miami and we're charging half price. Mr. Mayor, I don't want to pay more taxes, but I don't want to put my garbage at curb side. I'm lazy like most other people. Mayor Suarez: By the way, the estimates that we had of revenues for this year were based, as the Manager informed me, on a three percent valuation increase of our tax base, instead, we have four percent. So, right there you've got... 155 July ig, 1990 • t K JwR, Mtn. Odio: Vo adjusted that. We are up and... Mayon Suarez: The last time you and I discussed ghat you projected to be the budget deficit, we had assumed three percent, you told me that. I read in the paper lust week, that the increase was actually four percent in City of Miami. Mr. Odio: The budget ham been adjusted... Mayor Suarez: One percent of a tax base of ten billion dollars, not exempt tax base, is whatever that amount works out to be. Mr. Odio: As I sat here, I had finished the budget with a deficit of three and a half and now when I get the call from the County Manager that it is going up two and half million dollars more a year, like that. Mayor Suarez: I think one percent of the amount that we derived from real estate taxes which is roughly a hundred million dollars is another million that you have right there, by the way. So, you just cut the problem that you mentioned in half. You're shaking your head. Why is that mathematics not correct? Why don't you go ahead and get on the mike, sir? - and tell us your name while you're at it. You seem to be disagreeing with me. I'll like to know how you disagree with me. Mr. Dipak Parekhs OK. My name is Dipak Parekh, I work for the City of Miami budget. Mayor Suarez: Yes, air. Do you know what percentage the Manager told me that he was assuming in the budget? Mr. Parekh: He's perfectly right. Mayor Suarez: OK. Mr. Parekh: There's a four percent increase... Mayor Suarez: So, my math is right? Mr. Parekh: There is a four percent increase in property taxes but there is a one percent reduction in property taxes for this year, for people who go and debate their property tax bill with Metro Dade County. That means there is only a three percent increase over the preliminary rate which you have in the . budget document. Mayor Suarez: You're saying that the number of disputes this year has gone up by an amount which is equivalent to one percent of our entire tax base? - in one year? Mr. Parekh: Oh yes. Every year. Mayor Suarez: Oh, I'm going to be ready for you at the next Commission meeting on that. And you're saying that that was a change in the rate of disputes that is equivalent to one million dollars... in taxation? Mr. Parekh: No, every year. From the time they give us a preliminary... Mayor Suarez: Oh, I know every year we have a dispute and I know every year we suffer a certain amount of reduction from that. Mr. Parekh: Every year if you have a preliminary budget, which Metro Dade County gives us on July 1. After that, it takes a full year by the time they finalize the roll, the roll for next year or this year. Mayor Suarez: Sir, his assumptions have built in, in both case... his assumptions have built in the disputed valuations. He told me three percent is what he assumed, four percent... Mr. Odio: That's what I'm assuming. Mr., Parekh: Three percent real growth. Mayor Suarez: ... four percent is the increase in the tax base according to the... 156u_ rf k Mr, Odiot Saeause you sae, if I assume a million dollars more Mr. Mayor.,, Mayor Suarex: You have a million more Mr. Manager. Mr. Odio: ... then I have to find a million that doesn't exist. Mayor Suarea: I think you can find a million dollars in the budget of City of Miami at any time. All right, any other questions on this ordinance? Mr. Surana: May I... if I may clarify? What we are recommending that we want to do a study for all the City fees. 'Then we want... Mayor Suarez: That's not what you're asking here, Manohar. Commissioner Alonso: No, you're not. Mayor Suarez: You're asking us to pass an ordinance that automatically increases the fees. Mr. Surana: No. OK. Mayor, one second. Mayor Suarez: Why do you need an ordinance if you want to study? If you want to study, you could study it all you want. a Mr. Surana: No, Mayor. We want to study, and based on that we will come a recommendation to the Commissioners that this is the study we have done. Based on this, these are the changes we want to make. We will submit the report with the City Clerk and the City Commission will have thirty days to review all those things. And if the City Commission decides not to implement those things, they will not be implemented. Mayor Suarez: Why do you need an ordinance, then? Commissioner Alonso: To do it, yes. Mr. Surana: That's what we have in the ordinance here. Mr. Fernandez: The ordinance creates the process or the system. Mr. Surana: Page number 3. This is a process a system we are creating. Mayor Suarez: You don't need an ordinance for my vote and I won't vote for an ordinance to allow you to study what user fees should be and at any time propose an increase. You can do that any time you want. If you support with a study. Commissioner Alonso: Could you answer to us, what other flea are going to take place and how would you look at those? Solid waste, many of us will feel that we don't want an increase, so, would you mention some others? Perhaps, we can just say solid waste will not be included and then we can think of something else. Mr. Surana: OK. Police department had revenue like false alarm. They charge revenues for reports. Commissioner Plummer: That's only on offenders. If you don't have any false alarms in the run of the year, your renewal is free. Mr. Surana: You've got golf course fees. You've got parks department, they charge fees... Mayor Suarez: Mano, we're hoping to sell our two golf courses or at least one of the two. That's one less fee you'll be able to tinker around with. Commissioner Alonso: Is the main ingredients of this ordinance, solid waste? u Mr. Surana: No, ma'am. 4 7 Commissioner Alonso: No. 4 x .a r�4 }"rk 15! J1437 Its 4990 Does the proposed too exceed 11 t'0 Ff ti Mr. Surana: this is all the feet charged by City of Miami. We want to do x study. Based on the formula, we want to come back to you, 6606 v reecomadati6fib and the process we're using that we... on a periodical baba, we're going to review those formulae with the City Commissioners then if those need to be chatigedi you will have ample time to review those changes. Commissioner Alonso: I'd really like to see, if we postpone this item so they can provide to us, information, what fees will be the ones included. We'll have more time to study this and then make it an intelligent decision. Mr. Suranat OK. All right. Mayor Suarez: I understand that to mean a motion to defer the item? Commissioner Alonso: Yes, please. Mayor Suarez: So moved. Commissioner Plummer: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. ON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY COMMISSIONER PLUMMER THE ABOVE ITEM WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre�_ Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 33. FIRST READING ORDINANCE: AMEND CODE SECTION 2-75 - INCREASE FEES FOR ANNUAL REINSPECTION OF BUILDINGS AND PREMISES. Mayor Suarez: Item 15. Commissioner Plummer: How much is the increase? Mr. Manohar Surana: One second. Mayor Suarez: Here is a specific fee that you're asking for an increase in, presumably buttressed by studies that comparative to other cities and by your determination that this is not going to reduce the amount activity more than the fee is increased, so that you will actually lose money from it. So, with all of those built in assumptions, it may be worthwhile. What is the actual increase? - as Commissioner Plummer was asking. Commissioner Plummer: Is it a percentage? Mr. Surana: OK. Inspection renewal, we are recommending increase by $548,000 which is almost twenty to fifty percent increase. Commissioner Alonso: Yes, I have here, apartment buildings, three to twelve units from thirty dollars to fifty, from fifty to seventy. We have... Mr. Surana: Twenty-five to forty, forty to sixty. Commissioner Alonso: ... retail sales commercial, twenty-five to forty, thirty to fifty, forty to sixty. Commissioner Plummer: Let me ask a question. the cost of providing the service? 158 � T f T S{� Mr, Suranat No, sir. It does hot comer the fuii.coat. x�- Comissioner Plummert I'm just you know, just asking the question. Mayor Suarezt He wants to establish that we are still below what we estimate the cost to be. Mr. Surana: Yee. Mayor Suarez: Anyone from the affected industry or citizenry who typically is involved with these permits? Let the record reflect no one stepped forward. t. Commmissioner Plummer: I'll move it. Mayor Suarez: Moved. Mayor Suarez: I'll second. That's what worries me. Commissioner Alonsot They don't know about these things. Commissioner Plummert What? Mayor Suarezt I guess it affects such broad class of people because it... Commissioner Alonso: The public have no idea we are discussing this. "r Mr. Odio: This is first reading. Mayor Suarez: All annual reinspections, I guess. It affects almost everybody, so. Vice Mayor Dawkinst Hearing none, call the roll, Madam Clerk. Mr. Surana: Commercial buildings. Mayor Suarez: All commercial buildings. kLL Ms. Matty Hirai: First reading ordinance? Vice Mayor Dawkins: Read the ordinance, Mr. City Attorney. f. Mr. Fernandez: All righty. f; THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. ' Mayor Suarez: Call the roll. y ' Commissioner Plummer: Wait a minute. I've of one bone to pick, Mr. Mayor, B P ,,.. and it's going to be the accumulation of all. Mr. Manager, before you ran me out of business in the City of Miami - and you did... not you personally, my greatest objection was, ever time I turned around I was writing a check to 6 j Y B the City of Miami for something also. Is there a way that this can be done, consolidating of bills, so that I am not every month having to write a check .. to the City of Miami for some other fee? { t ' Mr. Odio: OK. I just consolidated all billing functions under finance department, I will come back to you in about thirty days to tell you exactly what we can do. Commissioner Plummer: Well, you understand my dilemma? Mr. Odio: Yes. I know exactly what you're talking about. - Commissioner Plummer: You know, I'm hit by the State for fees. Mr. Odio: Me, too. Commissioner Plummer: I'm hit by the County for fees. I'm hit by the City 3 for fees and I'm constantly writing checks that if you could coasolidate it that where I write three checks a year, one to the State, one to the co",y sad one to the City, sure mould make it easier. Call the roll, +} f 159 Mul ky Y+ ! Y' K F i hi Mayor Suarezt Call the roll on the item. AN ORDINANCE ENTITLED - AN ORDINANCE CONCERNING FEES FOR CITY SERVICES BY AMENDING SECTION 2-75 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO INCREASE FEES FOR ANNUAL REINSPECTION OF BUILDINGS AND PREMISES, SAID INCREASES BEING NECESSARY TO COVER INCREASES IN OPERATIONAL COST= ALSO PROVIDING THAT SAID FEES MAY BE INCREASED WHEN NECESSARY TO COVER THE COST OF SAID REINSPECTION; CONTAINING A REPEALER PROVISION AND A SEVE RABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Mayor Suarez and was passed on its first reading by title by the following vote: AYESt Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso. ABSENTt Commissioner Victor De Yurre. 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. 34. FIRST READING ORDINANCE: AMEND CODE SECTION 2-83.1 - INCREASE USSR FEES FOR USE OF EMERGENCY MEDICAL TRANSPORTATION SERVICES. Mayor Suarez: Item 16. Mr. Surana: Next one. Increasing emergency medical transportation fees. This will increase about $96,000 more and this would come right from the insurance company, not from the citizens. Commissioner Plummer: How much... Mayor Suarez: Did you estimate... I'm sorry J.L. Did you estimate the last one how much of an increase it would provide? - assuming the same level of economic activity. Mr. Surana: About nine hundred thousand. Mayor Suarez: Nine hundred? Mr. Surana: Yes. Commissioner Plummer: Super. Mr. Odi.o: That still doesn't make me a hundred... Mayor Suarez: You see now, you're doing on an item by item basis what you should have been doing in item 14. Commissioner Plummer: But that's fifty jobs in the City of Miami. Mayor Suarez: All right. Item 16 is ninety some thousand dollars and it's for what?... exactly. Mr. Suranat And it's all coming from insurance companies. Mayor Suarez: How do we guarantee that the average.., 160 July j x a lr, 1 F ti4if6 h Y F7 Comissioner Alobsot Nov do you know that it's only insurance eompaniss itnd not the average citisea would have to pay for emergency vehicleal Mr, Suianat tie bill to the insurance company and that's 'what we eolleoti we — do not bill to citizens, its Commissioner Plummer: Let me ask you this question. Commissioner Alonsot You mean, you don't charge citizens when they use the service? Mr. Surana: We don't go after them. It's all paid by insurance. Commissioner Plummer: No, no. We send them a bill. Commissioner Alonso: You send them a bill. So actually, you are charging them? Commissioner Plummer: If they'll pay it. OK. Let me come to a point. Mr. Surana: If they pay, but they don't pay. Commissioner Plummer: No, no. If they pay it, fine. OK? If they... well, you don't know the other argument. Well, let me give you the other argument. t: Commissioner Alonso: I know, you just don't send a collection agent. � s Commissioner Plummer: We do not. Commissioner Alonso: I know. But you are actually charging then much more and we are addressing this and it's older citizens the one that perhaps will use these services more often. Mr. Surana: We bill about a million dollars, we collect two fifty. Commissioner Plummer: Let me give you the other side of the coin. The other side of the coin is, that Dade County, Metropolitan Dade County is responsible for transporting patients, all right? Mr. Odio: Commissioner, we are at this moment now... Commissioner Plummer: When we transport, if an ambulance is called, Dade County pays for transporting the patient. All right, you hear what I'm saying? Mr. Odio: But, we are negotiating with the County right now. a Commissioner Plummer: If we transport the patient, the County has refused to pay us the same that they would pay an ambulance company. Now, that's where this thing came from originally. Now, I want to ask a question. Mr. Odio: We are right now in negotiations with the County and I will report back to you on what they say about what they're paying us. Vice Mayor Dawkins: Why is it we are... Mr. Manager... Commissioner Plummer: Let me give you an idea. OK? How many rescue calls are we addressing today? I want to show you the magnitude of this. Mr. Odio: It's huge. Commissioner Plummer: OK? I know the number, but you put it on the record. Chief Huddleston: I can't tell you, I can find out today... er Commissioner Plummer: It's approximately. Chief Huddleston: ... but last year, forty seven thousand rescue c4XIs. Commissioner Plum or: OK. Call it fifty for round numbers. Nowt if Abe' County paid us for every time we transport, multiply thirty eight dotl.a,re times fifty thousand times a year, { f4 i 1 JOT 43 X99, • Mayor guares: One point nine million dollars. Y` 'i r Commissioner piummert . OK? They absolutely refuse to pay it. Now, all t 1m- saying is... I grant to ask another question, And this is getting back to the other. To the tart payers who pay that bill day in and day out, can we,maka a differentiation of charge between a City resident, who pays that bill year round and someone who does not live in the City? - I think it's only fair. Vice Mayor Dawkinst But, Mr. City Manager. Why is it that every time we talk_ in terms of our getting something from the County, we're negotiating. I don't a care what it is, you tell me, we're negotiating. But when this County gets h ready to do something, they sock it to us and tell us, you pay it. You know, some where along the way, you, I mean, I'm tired of negotiating. Mr. Odiot Me, too. Vice Mayor Dawkins: OK, so stop negotiating. Just don't do it. Mr. Odio: Oh yes, we do... we want their money, Commissioner. The only way I can get them to pay us for this service is by going over to tell them that we want to get paid. Vice Mayor Dawkins: Why can't you call an ambulance and let an ambulance transport the people and they have to pay it. y Commissioner Plummert Here we go again. Mr. Odio: That's a decision that I'm not about to make because that's a very... Commissioner Plummer: Because some medical director says that if you put a needle in him, you got to transport him. Mr. Odio: That's right. It's very complex, Commissioner. Vice Mayor Dawkins: Well, why you pay a needle in him? Mr. Odio: Now. I'm asking... Commissioner Plummer: To save their life. Vice Mayor Dawkins: Well then, go ahead and pay the money and quit complaining. If you're saving a life, we can't argue about a dollar to save a life. Commissioner Plummer: No, no. All I'm saying to the County is simply, if you will pay to provide Randle Eastern to transport that, if we call Randle Eastern, the Randle Eastern transports, they pay them $38.00 according to the contract. If we transport, why are we any different than Randle Eastern, why don't they pay us? And they said, they won't do it. Chief Huddleston: Mr. Mayor, Commissioner, that has been their position so far, but I think we are developing some pretty good leverage to change their mind on that. Commissioner Plummer: Have you signed the contract for the port on the fire service? Chief Huddleston: Yes, air. Commissioner Plummer: That's too damn bad. Mr. Odio: I think we have a chance here to get something from them on this. As far as the other, we have no recourse on the solid waste fees, for instance. They have us. 3 Commissioner Plummer: You want to hear their answer? When I asked the Counter why they wouldn't pay us, their answer was, that they could not do It beaause all of the other municipalities would ask the same thing, That wag their , answer. You're talking over a million and a half dollars a year, s y 7 iF� 162 July t�� • Mayor duarest Litt, aft to the ordinance in front of us, basically, re're inoraaaing the user, what we call a user fee, with the understanding again, Commissioner Alonso very astutely asked, if we're not going to trig to charge the elderly individual being transported, we do charge them because the third party insurers require that, we don't collect against them and that's gust to satisfy the legal requirement of collecting against third party insurers. What can we do? Commissioner Plummer: The City of Miami Beach sends the bill collector after them. Mayor Suareas Yes. Other cities might actually send bill collectors, we do not. And that's just the way we've been doing it. So, I'll entertain a motion on that. Commissioner Plummers What would be your per transport cost? Mr. Surana: It's about twelve million. Commissioner Plummer: How much? Mr. Surana: Total rescue, twelve million, plus. Mr. Odio: The rescue's budget is twelve million five hundred and some thousand. Commissioner Plummer: It's not my question. How much do you bill them for transporting a patient. Mr. Surana: About a million, we collect about two fifty. Commissioner Plummer: That's not my question. Mayor Suarez: Per one, for each one. Commissioner Plummer: How much does John Q pay to be transported if you send him a bill? Chief Huddleston: Right now, it's ninety for a BLS transport, which is basic life support... Commissioner Plummer: Bacon, lettuce and tomato. Chief Huddleston: ... and a hundred and fifty for advance life support. So, it depends on the service they get. Commissioner Plummer: Just for the record Mr. Mayor, when you break down the cost, it cost us a hundred and seventy-six dollars every time we transport a patient. That's our cost. Mayor Suarez: About twice as much as what we're able to collect. We also have almost twice as many people who actually live in the City of Miami on a daily basis than the number of people that we have that are officially residents. We have about eight hundred and twenty thousand people that are considered daily City of Miami residents as opposed to four hundred thousand in our census. If there was any way to collect deferentially for those that don't technically live in the City, that would be interesting too. Commissioner Plummer: Would this Commission have any objection to sending the_. bill collectors after those people who do not live in the City? I wouldn't. Mayor Suarez: I wouldn't. I would not, no objection. Commissioner Plummer: I wouldn't have a bit of problem with that. Mayor Suarez: That is a classic user. Does not even live in the City, usos one of our services, should pay for it. Chief Huddleston: We'll certainly communicate that to our collection agelta. Coapaiseioner Alonso: That way, can we keep it at one for residsAt�e? TVs Commissioner Pluimmert At cost. I don't want to make any prhfit. coat. How do we proceed on thatt Chief Huddlestont Ve can•.. Mr. Fernandes I would recommend to you that you would adopt this as a matter of administrative policy and not necessary as a matter of legislation. 86,' you can perhaps express your policy to the fire department and then theyo knowing how you feel about it, would conduct themselves accordingly. Commissioner Plummer: But we had a big hassle here before about the company who was doing the actual collections and that's why I'm saying, how soon wan we get that Hone? that anyone that is transported that does not have a City address... Mr. Odiot Tomorrow morning. Commissioner Plummer: OK?... Mr. Odio: Sure. Chief Huddleston: It's just a phone call. Commissioner Plummer: And I'm not talking about City address where they work - where they pay taxes. Chief Huddleston: I can't imagine that that would be difficult at all and we can communicate that to the agency tomorrow morning. Commissioner Plummer: OK. Commissioner Alonso: In order for me to support this, I want to be sure about the question of citizens are asked to pay. And in many cases, I can hear them complaining that they are sent a bill, they pay and I hate to see this amount going up. I just cannot support that. Chief Huddleston: I can give you a little information... Commissioner Alonso: But you're saying that it's only for insurance companies. Is there anyway that we can only do it to insurance companies and not to the rest of the people? Because in fact, you are sending a bill to a person and that person is paying and not necessarily passing that to the insurance company. So in fact, we have no way of knowing. Can we detect that? Chief Huddleston: Commissioner, I can tell you that medicare pays ninety- eight for the BLS and two hundred and fifteen for ALS which is, on the ALS, less than we are charging. And that would be for your more elderly people that you're concerned about. Commissioner Plummer: Does medicare pay? Chief Huddleston: yes, sir. Commissioner Plummer: They pay it? Chief Huddleston: They pay ninety-eight for the BLS. Commissioner Plummer: Aren't most elderly people covered under medicare? Chief Huddleston: Yes, sir. And we do not do any extraordinary collections to any of our people at this point and we will make a point to communicate the wishes of the Commission on a policy basis to the collector on people living outside of the City. Commissioner Plummer: How much did you collect last year from this ordia4mce? Chief Huddleston: About four hundred thousand, I believe. Commissioner Plummer: OK. Because I want see what it is after one year when you start. lbk July its 43=i,2a $ i a r �u Chief Ruddiestont No, IIm sorry. We had four hundred thousand billable And rt we colls,eted about two fifty. Commissioner Plummer: because I want to see what's going to happen when we start charging the County people. Mr. Fernandez: Commission Alonso, in response to your question, my suggestion would be that in passing legislation, legislation should be as neutral and as evenly applied to all segments. In fact, and the administration of it and policies that evolve, it's something else but.., -t Mr. Odio: In the marina fees, which are one rate to the residents in the City of Miami and one rate to the outside in the ordinance. r5 Mr. Fernandez: And what I was getting at is that, if you intend to do something that differentiates between one class of people or another, then clearly, you have to articulate the rational basis for you doing that. Vice Mayor Dawkinst Didn't we already establish the fact that if it was a senior citizen or an indigent person who we transported, that we expressly gave orders to the collecting agency not to harass those people? Isn't that already legislated? Mr. Odio: Yes, sir. Vice Mayor Dawkins: Well why don't you all tell the Commissioner so she'll understand and... she wasn't there when we did it and she needs to x±= understand... Mayor Suarez: Yes, we did it. Vice Mayor Dawkins: I mean, she is trying to say, do what we're doing because she is concerned about the senior citizens and the people who can't pay. We've already done that, so tell her. Chief Huddleston: And that was expressly the Commission's instructions to us and we have followed those. Mayor Suarez: As to the issue of differentiating, the rational basis has been established by the fact that we have put in the record that City of Miami residents pay forty to fifty percent of our total general revenue operating income and therefore should have, should not have to pay as much for these services as someone from the outside. Commissioner Plummer: But also the change in the policy is, without a City address, we will send the bill collectors out after. that anyone Well, like you just said, we have a floating population that... Chief Huddleston: We will follow up more vigorously. Commissioner Plummer: You just made a million dollars. Mr. Odio: See, we have a floating population that somebody faints downtown, we've got to go and pick him up, and the taxpayers of the City are paying for it. Mayor Suarez: Vice Mayor Dawkins: Does that mean that the senior citizen or an indigent who does not live in the City of Miami, falls out on the streets of Miami and we transport them, the bill collectors harass them? Mr. Fernandez: Vice Mayor Dawkins: I just need... I want to know what you're saying. Commissioner Plummer: Yes. I won't use the word harass them, I will use the. words that the bill collectors will pursue collection. Chief Huddleston: Extraordinary efforts. RA I May►6t guarest Ali right, we haste a motion and a second on the satual ordinance, do we not, Madera City: Cleric? Ms. Mattyf Mimi: No, air. Mayor Suarast I'll entertain a motion on the actual ordinance.. Comissioner Plummert What does this raise this up to? Mayor Suarezt Well, the fee on a per transportation basis. Commissioner Plummert How much per transport? I assume that's what it'S based on. Chief Huddlestont We're going from ninety to a hundred and twenty on the basic life support and we're going from a hundred and fifty to a hundred and eighty on the advanced life support. And then we're increasing the mileage a dollar a mile, adding an I. V. solution charge, cardiac monitoring charge, cervical collar charge. Commissioner Plummert OK. You saved another hundred employees. Mayor. Suarez: OK. Do we have a motion on the ordinance, 16? Commissioner Plummer: I move it. Mayor Suarez: Moved. Do we have a second? Do we have a second? Commissioner Plummer: We just lost a hundred employees. Mayor Suarez: I'll second the ordinance. You spoke too fast. Vice Mayor Dawkins: Any further discussion? Hearing none, call the roll. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE CONCERNING FEES FOR CITY SERVICES BY AMENDING SECTION 2-83.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO INCREASE USER FEES FOR THE USE OF EMERGENCY MEDICAL TRANSPORTATION SERVICES, SAID INCREASES BEING NECESSARY TO COVER INCREASES IN OPERATIONAL COST; ALSO PROVIDING THAT SAID FEES MAY BE INCREASED WHEN NECESSARY TO COVER THE COST OF SUCH SERVICES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Plummer and seconded by Mayor Suarez and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOESt Vice Mayor Miller J. Dawkins Commissioner Victor De Yurre 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. } t '. 8DJ{ii1uti1111Y'ii(ii.ii��liiffY'.YItL'YYYfi.3�iYiBiiJikYYfltYiYiiGYii'I�tlil�ii�JYifiictitiWiiirwiii4�iiifibiwYiw.�r.ara.tir�Y�i�iYlfaail+Yaii—., ..••. �_� q.Wyy'y}yy. . 33. EMERGENCY ORDINANCE: AMEND 10642 - MODIFY CERTAIN FUNDING SOURCES FOR 15 PARKS AND RECREATION PROJECTS. (H"LEY POOL YOUTH CENTER) - INCREASE APPROPRIATIONS TOs DOWNTOWN COMPONENT OF METRORAIL, STAGE It CONTRIBUTION (349229) - APPROPRIATE FUNDS FROM OVARANTS90 ENTITLEMENT REVENUE BONDS - FY 189, .._------------------------- —----------------- -----_------- Mayor Suarez: Item 17. Capital improvements appropriations ordinance, by modifying etc., regarding the downtown component of metrorail stage 11. Mr. Odios This is because the federal guidelines require that seventy-five percent of the City's guaranteed entitlement bonds sold in June of 089 be spent within eighteen months after being sold out by December 1990. These bond proceeds are currently appropriated for the Hadley Park pool and youth center project which have extended schedules due to the level of community involvement and scope of design and construction required. ME Mayor Suarez: It's a special taxing district? Mr. Odio: No sir, these are bonds. Mayor Suarez: What is the source of the revenues to pay the bonds? Mr. Carlos Garcia: The bonds are the ones... Mr. Odio: Go ahead. Mr. Garcia: ... that were sold in 1989 and the source of repayment is the state revenue sharing, the guaranteed entitlement portion of state revenue sharing. Mayor Suarez: We pledged state revenue sharing? Mr. Garcia: Yes air, we did. Mayor Suarez: What percentage, Carlos? - just so I have in my mind what we have left of anything to pledge. Mr. Garcia: We pledge the state revenue, the guaranteed entitlement portion, which is about five million dollars, which is about fifty percent of total state revenue sharing. Mayor Suarez: Fifty percent of the total? Mr. Garcia: Right. Mayor Suarez: What was the total amount of the bond then? - with that pledge. Mr. Garcia: The bonds were sixty-six and a half million dollars, the total amount of the bonds. Mayor Suarez: OK. I'll entertain a motion on item 17. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Plummer: Second. Mayor Suarez: Second, I presume this is part of our pledge to gat the system going. Mr. Odio: Mr. Mayor, because of the shortage of time that I have on these bonds, could I ask that this be changed to an emergency reading? - emergency ordinance. Mayor Suarez: OK. The reason for the emergency would be? 167 2 Mr. Odlos The requirement scheduled by the federal government to meet the schedules, and I'in short of... Mayor Suaress And to meet the building, the construction schedule I guess, of the whole system. Mr. Odios Yes, sir. I need to pass both 11, excuse me, sir, and id on &a emergency basis. Mayor Suarers All right. In emergency, is the saying that otherwise we could delay the construction schedule of this huge project by not having our componenti go stated on an emergency ordinance basis, we have a motion and a second. Please read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. - Commissioner Plummer: Let me ask a question. This is in reference to the -_ metromover, In that correct? Mr. Odio: Yes, we have to pay them also. Commissioner Plummer: OK. Now, you've got to pay the County because of our property involved. Mr. Odio: That's correct, air. Commissioner Plummer: OK. Question. I watched on the cable the other night, the County passing this ordinance and I found a tremendous inequity, and I was = surprised where we are so deeply involved, that there was no one there _ representing the City of Miami. The inequity that I heard, was the fact that regardless of whether you had a building on the property or it was vacant, you paid the same amount of money. It was shown that one property, and don't hold me to these numbers please... Mr. Odio: Commissioner... Commissioner Plummer: ... There was approximately thirty-nine thousand square feet in the property, had a structure of two hundred and ninety-four square feet and paid fifty-three dollars. Mr. Odio: No. I heard that, but this has nothing with do. This money is... Commissioner Plummer: Is this not the assessment? Mr. Odio: When we agreed to the building of the peoplemover, whenever it was, we agreed to pay them seven and a half million dollars as part of the contribution. Commissioner Plummer: This is nothing as far as the tax assessment? Mr. Odio: No, air. Commissioner Plummer: Are we subject to that? Mr. Odio: Yes, we are. But this has nothing to do with that. Commissioner Plummer: Then why didn't someone from this City show up at that hearing? ` Mr. Odio: Well, I'll check because I don't know if we were notified about it. ; I'll check into that. 1` Commissioner Plummer: It was ridiculous, absolutely ridiculous, Mr. Mayor, where you had one person with thirty-nine thousand square foot paying fifty- three dollars and you had another one with seventeen thousand square foot paying nineteen hundred dollars. There was no equity in the situation at all. " And yet, the County Commission, to the hue and cry of the public who were there to bring it out, said, well this is the only way we can do it. And if ' ;�. we are subject to that taxation in all the property that we own is park west, a:. we're probably going to pay the biggest tab. 160 July i'g 0 194� a x t, Vil, _ - Mr. Odiot it it was in first rending..: I'll have sombody... Commissioner Plummert No, I think it was their second reading. Mr. Odiot I'll check it then. Commissioner Plummert Is Toth Post here? He was the one who was one of the loudest objectors and I was wondering why the City wasn't there. Please check into it, Mr. Manager because this is going to be a big tab. Mayor Suarett Give us an impact statement... t.; . Mr. Odiot I will. c} Mayor Suarez: ...on how it impact City properties and see what it comes out - to be, we may not be talking about a large amount. A lot of that would be _ exempt. OK, item... Ms. Matty Hirait Mr. Mayor, I need to call the roll. Mayor Suaret: Call the roll please, on that item. Commissioner Plummert This is on first? Ms. Matty Hirait This is on an emergency. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY MODIFYING CERTAIN FUNDING SOURCES FOR FIFTEEN PARKS AND RECREATION PROJECTS AND BY INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED "DOWNTOWN COMPONENT OF METRORAIL, STAGE II - CONTRIBUTION", PROJECT NO. 343229, IN THE TOTAL AMOUNT OF $2,100,000; APPROPRIATING FUNDS THEREFOR FROM GUARANTEED ENTITLEMENT REVENUE BONDS - FY'89; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Vice Mayor Dawkins and seconded by Commissioner t: Plummer, for adoption as an emergency measure and dispensing with the _ requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. } Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENTt None. Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez t N085s None. t. fr ksx ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10762. r 169 199,10, d$ r�s6_}�.,a„•a�'+*rp:%���6,Fe*iF'VdFv"{y!� 5 ;� The Cite Attorney read the ordinat►oe into the public rererd sad announced that aopiea were available to the members of the City Commibaioa and to the publL06 -.....w_.r..____.r...rlaa�.a.r.i+o.Ya�3Y..ii�Y+i+ra����. 36. EMERGENCY ORDINANCR: AMEND 10648 - IMPLEMENT BUDGETARY ADJUSTMENTS TO COMPLY 'WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES OUTLINED BY CITY'S RXTERNAL AUDITORS. 'w Commissioner Plummer: Move 18. Mayor Suarez: Eighteen. With the same proviso that's on an emergency basis. Commissioner Plummer: Yes. Mayor Suarez: Moved and seconded by Commissioner De Yurre. Please road the ordinance. Call the roll. (. AN ORDINANCE ENTITLED- 1- AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 3 AND 5 - OF ORDINANCE NO. 10648, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, FOR THE E; PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO t: COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. i Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. _ Commissioner Miriam Alonso _ Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins i1 Mayor Xavier L. Suarez - NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10763. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Coma►lssion and to the public. 174 July :124_I990;'. t• - - ��,,pP Aft 'b+:fs .r.w'+e t�'^^°"!Xry�wYie _f , #*�+�_ 1�"S'Y�, 4�_•` *r acs�Y:res�ai�rras�ror�.a.aiWrrr.r.rr.r+.y:.wi++a.arauy.aw� m�.�+r..'-�+trs�.a.�::.c.ara.z+i++3.a^aa�w.m+c.+Y.aW^ —.•, "•..••scrr�..�rcr¢ia�ti �y: 31. COhESIONATE PORTION 01 N:it. 22 AVENUE AS PULASKI A (PA STRD ST POLISH AMERICAN CLUS OP MIAMI) win�wi.i6:r.w+irrr�l.Y.arWal.auirrurrw=-+-- r�rrir..:i.Yr�.a.6�u.r.wa...wf�l.i.s..+..rr�ara.rJr.r...l..+r.i�rs.�.lei:a.4.Yli►1a`ast.W1r..YYN1iiina.iiKiW '. •''t Mayor Suarez: Commissioner Alonso will like to take item 62 out of turn, presumably.... Mr. Odio: Oh, this is the... what do they call this? Mayor Suarez: Excuse me, Mr. Manager, we're going to take 62 very quickly. Commissioner Plummer: Sixty-two. Commissioner Alonso: It's going to be really quickly. Mr. Odio: Mr. Mayor, by the way, can I put on the record, item 63, at the S request of the attorney, has been withdrawn until July 26, please. Mayor Suarez: OK. That's one less item. Commissioner Plummer: You have a letter of record. Mr. Odio: He was here, he told me he wanted to leave. Commissioner Plummer: He would give a letter that he is withdrawing the item? Mr. Odio: Klausner was here and... Commissioner Plummer: He is going to give you a letter... Mr. Odio: Sure. Commissioner Plummer: ... that he is withdrawing. Mr. Odio: No, he is coming back July 26. Commissioner Plummer: You're asking then for a deferment then, not a withdrawal? j Mr. Odio: Withdrawing it today and bringing it back July 26. Commissioner Plummer: Deferment. Mr. Odio: OK, deferment, sir. NOTE FOR THE RECORD: At this point, Agenda item 63 was deferred to the City Commission meeting presently scheduled for July 26th, at the request of the applicant. Mayor Suarez: This is the first of the personal appearances, no, I guess we `t can take you out of turn. The rest are all internal items. I'd hate to change the agenda on personal appearances, otherwise we"11 really have some hue and cry, talking about hue and crying, no. Commissioner Alonso: The only reason is, they've been here several time and it has been changed and postponed many times. Mr. Francis Drybala: My name is Francis Drybala, I'm the past president of ; the Polish American Club which is located at 1250 NW 22 Avenue. I'm here in response to a letter written back in April 18. to Mr. Odio regarding the naming of the 22ad Avenue to Casimir Pulaski Avenue. At that time, the V0044 who wrote the letter, Mrs. Katherine Childress, was advised that the next Commission meeting would be on June 14, but it was changed to Juan 7, and eho wasn't notified of the change. r^> 171 July X21 f! `' ih'w`� ..... •yam .�'4' �.�. Mayor duarett Don't worry too much about the past procedural aspects of this, just tell us what the merits are, what you would like to tell us and we'll move from there if you like. Mr. Drybala: The Polish American Club has been a member of the Miami community for over fifty years. The members of the polish American Club have helped in the Miami International Festival for many years. They have contributed their time and effort for the Round the World Fair. The club has never asked for any municipal, County, state or federal help in any endeavor. The Polish American Club of Miami has contributed approximately fifty percent of the net proceeds of the Polish Food Festival to local and national of charities. Persons of Polish descent have given their time and like to the cause of freedom of democracy on this continent from the time of the Jamestown settlement through the revolution... revolt in Haiti during Napoleon's time, up to the present. Mayor Suarez: Aren't you proposing a street codesignation?... which is... Mr. Drybalat I am, I'm giving a... Commissioner Plummer: Tell us about Mr. Pulaski. Mr. Drybala: Mr. Pulaski, General Casimir Pulaski was well known patriot, believe it or not, who made an invaluable contribution to the cause of freedom during the American revolution. He was the founder of the American calvary, he was considered a father of the American calvary. He fought in the battles of Brandywine, Germantown, Hartfield, Charleston and others and was mortally wounded on October 9, 1779 at Savannah, he died two year later, two days later, rather. Mayor Suarez: Is Harold Spalding here on that item? Mr. Drybala: Harold Spalding is a member of our club, yes. Mayor Suarez: Figured he was here for something useful. Mr. Drybala: We have the past president, Joe Stripkuski, present president, Maria Damski, past president, Florence Vaustic and other members of the club. Mayor Suarez: Well you know, just about everything you've mentioned so far and I believe I speak for the entire Commission, is in conformance with our criteria that we have set up for street codesignations. We have set up a committee, this is supposed to go through a committee and that's the only troublesome issue at this point. Commissioner Alonso: The problem is this. They've been here before, this item was supposed to be taken... Mayor Suarez: We are going to grandfather another one. Commissioner Alonso: ... prior to this date therefore, I really would like to see that this is approved here today and then we start with the assignment of the board that we have Mr. Drybala: Mr. Suarez, I've a... Mayor Suarez: And in recognition of Commissioner Alonso's Polish background which has been more than established and obviously, Vice Mayor Dawkins. Mr. Drybala: I have a letter here from... Mr. Suarez, addressed to Katherine Childress on June 14. Commissioner Alonso: I move that we approve... Vice Mayor Dawkins: I second. Mayor Suarez: Moved and seconded. This is subject to the usual criteria of cost and maintenance and so on. For the record, the Manager has just asked the Commission to treat the assistant City Manager as nicely as we possibly can and we will do that while he is away. Call the roll on the motion. Commissioner Plummer: We will extend to her the same courtesies we Ito him. 172 July 12, 19#0 yY t,. Mayor f3uaresrs flight, which is almost none. Mr. Fernandezi Mr. Mayor, of point of order, is this under the same situation as the other codssignation of this morning? Vice Mayor Dawkins: Yes, we grandfathered it in. Commissioner Alonsos Yes. Commissioner Plummers The new one hasn't taken effect. Mayor Suarez: There was one that was at least commercially related, specified that that particular one should make a contribution equivalent what the new ordinance would require. Commissioner Alonso: And they agreed. j-. we to Y Mayor Suarez: And also, let me put in the record since I know Commissioner Alonso were looking at this thing, that the new ordinance specifies as you pointed out to me, Mr. City Attorney, that for commercially related codesignations, they're going to have to establish some importance to that name and they are not here at this point. This is not related to you at all, General Pulaski. Commissioner Alonsos Yes. But I think it will be nice, especially in that area perhaps of Brickell Avenue, we can make some sort of exception and then of course, ask them to make perhaps a donation. Mayor Suarez: Yes. In all future commercially related ones, even if they have other significance besides simply the fact that they're commercial request or that it is a building or something nearby, are going to have to come up with a lot larger fee than the one we specified for purely symbolic or ceremonial or historical or patriotic purposes. OK, we have a motion and a second on your particular concern, General Pulaski codesignation. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-538 A RESOLUTION CODESIGNATING NORTHWEST 22ND AVENUE, BETWEEN NORTHWEST 12TH STREET AND NORTHWEST 13TH STREET, IN THE CITY OF MIAMI, FLORIDA, AS "PULASKI AVENUE"; FURTHER, INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Cnmmiaafnnar Miriam Alonso Vice Mayor Dawkiftat Mayor Suares, may I ask... Mayor Suarez: 'Yes, Vice Mayor. Vice Mayor Dawkins: The City Attorney... Mr, Fernandez: Yes, sir. Vice Mayor Dawkina: the City Manager and George Knox. George Knox, when we - I mean since you were City Attorney, maybe at that time - when we donated the land for the transfer station to Dade County, did we have a reverter clause where we can take the land back? - either one of you. Mr. George Knox: I don't specifically recall, Commissioner. Mr. Fernandez: Pass the buck. Vice Mayor Dawkins: Mr. City Attorney. Commissioner Plummer: You haven't changed a damn bit, you still don't know. ' Mr. Fernandez: He is passing the buck. p Vice Mayor Dawkins: I wish you, Mr. City Attorney... r: Mr. Fernandez: Yes, sir. _ Vice Mayor Dawkins ... would research and see if there was a reverter clause. If there wasn't, find me a way to take my land back and let them take their transfer station wherever they want it and quit charging me forty-seven dollars a ton. Commissioner Plummer: Forty-two. Vice Mayor Dawkins: So some kind of a way here, there has to be a happy medium. They don't pay any taxes on the property, they got my transfer station and they're making me pay through the nose. So now, research that and come back to me in September. Mr. Odio: I know they're paying us $1.00 a year for that property. Commissioner Plummer: Probably give us a bad check. Mr. Odio: Probably so. Vice Mayor Dawkins: OK. Thank you, Mr. Mayor. Mayor Suarez: OK. Very good. I know that I have a note here that item -77 was specially set now. We have personal appearance too, this item did come up, did it come up in the context of being specially set because it was postponed or just simply because we wanted to take public input? Commissioner Plummer: Which one? Commissioner Alonso: Which one? Mayor Suarez: The Coconut Grove.. Commissioner Alonso: Special event. Mayor Suarez: .., the special events. Commissioner Plummer: No, that... you're going to have a lot of people dova► here later. 174 July 1201994 5 • nt Mayor Suaress Mail, we have a lot of people down here now. In shy eVaht# we will proceed then with the other cities, I don't even know. L ma.fYii/�YiibYbAi�Owwwir rlrawYrrriYrr.u�iirrYYi`r.ini�ir��iy.►J+.rr1���iw----- U.iiJriaL----1Ll.w�.Ytiil�i1.�1 e + 30. ESTABLISH CITY COMMISSION AWARENESS PROCEDURE WHEREBY AN INDIVIDUAL COMMISSIONER WILL BE DESIGNATED AS A COMMITTEE -OF -ONE TO ASSIST IN ITS .. RESPONSIBILITY TO PROPERLY ALLOCATE RESOURCES AVAILABLE FOR GOVERNANCE a 4' OF THE CITY - ESTABLISH FOUR COMMITTEES: (a) COMMUNITY SERVICES, (b) FISCAL POLICY, (c) PUBLIC SAFETY, AND (d) SUPPORT SERVICES - SET FORTH GENERAL GUIDELINES. Commissioner De Yurre: Mr. Mayor, I think on that one, all we have to do is to decide which Commissioner wants which area... Mayor Suarez: OK. Commissioner De Yurre: ... to be looking over. And basically, I'll take whatever is left. So, I think J.L. may want... Mayor Suarez: I know you had asked for at least one more continuance of the item. Do you have an idea of which department or departments you want to have the committee overseeing? f Commissioner De Yurre: I think you wanted, Safety. Did you want Safety? Commissioner Plummer: I'll take Public Safety. Commissioner De Yurre: OK. Miriam? Commissioner Alonso: According to what was said here the other day, I was given the first choice, and I'm only saying this because... Commissioner De Yurre: What do you want, Public Safety? Commissioner Alonso:.,. he is saying, and I certainly don't want to have Fire and Police, but I certainly would like to have... that I notice that it's called now Planning, Zoning and Building. Something that through the years the Mayor has objected to and this Commission as well, and now I notice that the new name is actually Planning, Building and Zoning. Mr. Odio: Yes, Commissioner. Commissioner Alonso: When did they change that? Mr. Odio: I consolidated... I believe I informed you about this about two months ago that... Commissioner Alonso: No, no. But, I had no idea, I don't know if my colleagues knew. Mayor Suarez: I would like to... to cut through this and expedite it, I see now what you mean. Yes, absolutely, I would like to see that put under one of the other ones and that perhaps makes most sense under, I don't know, any of the other categories. Mr. Odio: No, but is there an objection to the consolidation of the departments? Commissioner Plummer: Oh, no. Mayor Suarez: Well, let's not get into that. There may be, but why don't into what the Commissioners are going oversee and maybe put that under a different category. Do you have any ideas, Commissioner De Yurro, since you were the sponsor this general concept.,. 3F, Mayor Suarez: y L$ COM18816ttst De Turret Mdi if you tea Mayor Suarez, .►. what it would m S department. Commissioner be Yurre: f guess you opposed to... nt ake wan Commissioner Alonsot Planning, Building Commissioner De Yurret You want it services? Mayor Suarezt Put it under support sery Commissioner De Yurre: You want it unde Commissioner Alonsot I don't know. I really think the first one, community services. But it's kind of been a catc off for too many of them. Yes. Commissioner Alonso: Have you seen the number of departments that, and really, basic services are... where public works is, I think Planning, Building and Zoning should be. It's my impression. But I think that here, they have a lot, maybe Solid Waste could be somewhere else, basic departments, maybe... Mayor Suarez:' Wouldn't it make sense to put both Public Works and Planning, Building and Zoning under support services and leave the rest under community services? Commissioner Plummer: it what you want. Mayor Suarez: Right. All right. Just t { Sd S it... ; sense to put that under Just me me to put it under fiscal policy a• '= and Zoning, under Fiscal policy? under support services? community `*4 Less. r support services? s4. amend your ordinance as it is to call Commissioner De Yurre: So, you want to put what, Public Works and Solid Waste under support services? Mayor Suarez: No, no. Solid Waste stays under community services. Commissioner De Yurre: Then Public Works. Mayor Suarez: Public Works and Building, Planning and Zoning under support? Vice Mayor Dawkins: Support. Commissioner De Yurre: OR. Mayor Suarez: All right, with that modification, do we have the selections? I know we hear one from Commissioner Plummer on public safety including Fire and Police. I gather that Commissioner Alonso would want support services with... Commissioner Alonso: I really do have problems with this, to tell you the truth. I have problems with the way it is divided, I have problems with.�y I'm not certain of the intention, the extent of our involvement, what it will actually mean. I do have problems with the number of departments in community services, I think that a Commissioner who is willing to do a good job, will have an excessive amount of departments to handle. So, the way it is divided' perhaps, we can reach a better agreement and examine this. This, to me, in of great importance. I think that if we go into the system it should be something to function properly. I have some concerns, to tell you the truth, because it has not been defined, the degree of participation that the Commission will have, and also when I see that if we are going to be really listening to different departments, is it fair to may that one Cogmisstoaer can look at all these many departments in community services? I wonder. Commissioner De Yurre: Well, that's why we have a five mouth trial period, Y. 176 July 12* ioft oieett ssir�►net Alontat last but this is not extended period of time to tell you the truth. be carrying this number of departments. working in fide months, Wo rive months is a long time U Commissioner be Yurre: I'll take it. I've no problem with that. Commissioner Alonso: I don't know if you people are with... I want to go ahead and take it and do whatever but to me, I have always had some problems and especially I have mentioned this before on the record. The number of departments, the way it was... Who did this? You did Mr. Manager? 3r Mr. Odiot No. I don't know. Commissioner Alonso: You did? Commissioner.. Commissioner Plummer: I don't even think I saw it. Commissioner De Yurret No, that was structured... it was structured... with the administration and the law department helped out to some degree. Mr. Fernandez: The law department took the initiative in putting together and consulting Commission De Yurre's staff who was the promoter of this idea and we also worked it with administration's staff. We met with them and we got their input, we modified this resolution several times, but otherwise, the law department coordinated the efforts. Mr. Odio: No, but the... what she is referring, is to the distribution of the department. I had not seen it really, but it's my fault. But I have seen the ordinance and we worked it out together so that it was done on an exception basis. If an item is sent to a Commissioner on the particular grouping that they might be, or she might be, if they have no objections to a certain date, the item will follow, will go right through as now, as we're doing now. What you might be able to do here, is take some departments out of here altogether and leave them as floaters and... because you see, you have Community Development, you deal with Community Development once a year on the CDBG funding. Once you distribute that, your policy is set, we seldom come back to you on that. It's one hundred percent funded by the federal monies. You have the Conferences, Conventions and Public Facilities, you need to deal with that. Development and Housing is the same as Community Development. Mayor Suarez: Yes. The development... Mr. Odio: They are one hundred percent funded by federal monies and you have to deal with them once a year on the funding process and then when we bring Housing grants to you. Commissioner De Yurre: So then, community services, you know, although you got many departments there, it isn't that much when you get down to it. Mr. Odio: You could actually pull them out, I'd say, and keep them on the attention of all. I don't know how it would... Mayor Suarez: Well, they will be de facto under the attention of all because they do involve, for example, Community Development Block Grant allocations, housing grant allocation, -etc. Mr. Odio: I think the departments you have to deal with, basically are, the Parks; and Roc, Conferences and Conventions and Public Facilities, Public Works, Solid Waste, Budget, Finance. You do not deal with Internal Audits and Review at all. That is an internal department within the City to audit all the department functions and the grants that we give. So, that should not be here. Fire and Police of course, Planning and Building and Zoning and Computers, GSA and Personnel Management is something that really doesn't do that touch, if any business at all with the Commission except for some few contracts that they used to give out, they won't be giving next year. So, you really can reduce this. Maybe, we should look at this and bring it back on second reading. Mr. Fernandez: There is no second reading. This is a resolution. Mr. Odio: Oh, I'm sorry. July 12-# 0 f & i �s 177 ltv Mr. t6 rnandett it is hot an ordinance. Mr. Odiot Oh# it is not? Mr, Per nandez t No. Mayor Suares: Mr. City Attorney. Mr. Fernandez: Yost air. Mayor Suarez: In the interest of expediency today, suppose... I know County, the County system works with the Mayor basically making the appointments. Suppose, in our case, we left formulation of these categories to the Mayor# can I even meet at all with any Commissioner to discuss what departments they would like to oversee and trying to work out the ones here that would make { sense, without having to do it in the Sunshine? Mr. Fernandez: No. I would not advise you to do so, sir. Mayor Suarez: OK. That doesn't work. Could we then, Commissioner... Vice Mayor Dawkins: Let everybody send you a memo stating what they would be interested in. Mayor Suarez: Could we do it that way? Mr. Fernandez: Oh, certainly. You could establish a public document and communicate via writing, yes. N; Mayor Suarez: All right, I've seen some suggestions by Commissioner Alonso here that might make the whole thing workable but I would like to do it in -a more formal way so we don't give the impression of violating the Sunshine Law. Why don't we do it that way through memos and we will make the ultimate determination at the next Commission meeting. Commissioner De Yurre: Twenty-sixth? ? Mayor Suarez: Twenty-sixth, please. I know that, in your case, you would be very happy doing Fire and Police and maybe that's... Mr. Odio: So, would you want me to remove... we should remove the what? Commissioner Plummer: Do I have to write you a memo on that? Mayor Suarez: We're going to have to make some changes around I think, to make this palatable to... Commissioner De Yurre: You're going to pass a memo? Mayor Suarez: Yes. I would like to know from each one of the categories there, which ones you would like to have particular overseeing... Commissioner Plummer: Why don't we just do it now and get it over with? Mayor Suarez: Well, if you want to try, but I can tell you, it's a little complicated because community services... Commissioner Plummer: Well mine is, as far as I'm concerned, mine is the simplest. Mayor Suarez: All right, your memo is... Commissioner De Yurre: You got yours? x, } Mayor Suarez: We take judicial notice of your memo. Commissioner Plummer: Fire and Police, and take Planning, Building and Zoning out. Mayor Suarez: All right. Commissioner De Yurre: OK. S. t j We take notice of that and that might make nepee, x f }} Then we got... m t r ?tt 178 luiy 1t, 1990' �S�t� t} S ly t y Mayor Suarost but we hoed it as to the rest, and it's not that easy, to Vd ask you to submit memos to each other or to myself, I'll try to come up with a £ formula and get a memo back to everybody before the next Commission meeting. Row's that? Commissioner Plummer: OX. The only thing that I think that is important, Mr. Mayor, Mayor Suarezi Yes. { Commissioner Plummer: If in fact we're going to be effective in any way, it is crucial that we do it during budget time and the longer You delay... Mayor Suarez: We are going to do it by the next meeting. f �- " Commissioner Plummer: OK. _ Mayor Suarez: We are very close, I mean there is some horse trading involved here but... Commissioner Alonso: Could we do it this way, perhaps? If we can move Solid Waste Department... Ms. Matty Hirai: Commissioner, your mike is not on. LA Commissioner Alonso: Sorry, to support services and Planning and Building is already in Community services. }. Mayor Suarez: Or put Planning, Building and Zoning under community services instead of under support services and then take Solid Waste and put it under support services and leave all the other categories the way they are. And { your interest then, would be in community services. Commissioner Alonso: Community services. Mayor Suarez: You want to look at that now or you want to do it by a memo? Commissioner De Yurre: I've got no problem with that. `.., Mayor Suarez: All right, and your preference would be then, community services and support services which have, would have which ones? Read the categories, please. _ Commissioner Alonso: Community services? Mayor Suarez: Yes. V. Commissioner Alonso: Community Development... Oh, go ahead. Commissioner De Yurre: Computers, GSA, Personnel Management and Solid Waste. Mayor Suarez: Solid Waste is under support services, right? Commissioner De Yurre: Do you want to take that, Miller? OK. Miller gets support services. _ Mayor Suarezz Commissioner Dawkins would have that category.. Commissioner Alonso, community services, with the changes made, and you know what you get, now, Commissioner De Yurre, the one that's left. Y -r' Commissioner De Yurre: Fiscal policy. Mayor Suarez: OK. Do we have that in form of a motion, do we need that In 3 form of a motion or an ordinance? Mr. Fernandez: No. That's fine. Now you have to pass on item 19 with those clarifications that you've made. ems` Mayor Suarez: OK. I'll entertain a motion on item 19 with those category built it. � t3 179 July 12 S,t«wea damisaiohet be Turret Maved. Mayor Suarez: So mowed. Vice Mayor Oawkinst Second. Mayor Suarez: Seconded. please read the ordinance. s: {; ?w d +fir_ eF Mr. Pornandezt It's not an ordinance, it's a resolution, air. It's only... Mayor Suarez: All right, call the roil. Thank you. Commissioner Alonso: And just for clarification. Mr. Fernandez: Yea. Commissioner Alonso: The length of time that we are going to examine this five months? Mr. Fernandez: This would be in place through the month of December. Mayor Suarez: Until the end of the year. OK. Call the roll on the resolution. The following resolution was introduced by Commissioner De Yurre, who ;z moved its adoptions RESOLUTION NO. 90-539 rc _ A RESOLUTION WITH ATTACHMENT, ESTABLISHING A PROCEDURE OF THE CITY COMMISSION FOR A TRIAL PERIOD OF FIVE MONTHS WHEREBY AN INDIVIDUAL COMMISSIONER WILL BE DESIGNATED AS A COMMITTEE —OF —ONE TO ASSIST THE COMMISSION IN THE DISCHARGE OF ITS RESPONSIBILITY OF PROPERLY ALLOCATING THE RESOURCES AVAILABLE FOR THE GOVERNANCE OF THE CITY OF MIAMI; ESTABLISHING THE FOLLOWING FOUR COMMITTEES WITH EACH SUCH COMMITTEE BEING COMPOSED OF ONE COMMISSIONER: "COMMUNITY SERVICES", "FISCAL POLICY", "PUBLIC SAFETY" AND "SUPPORT SERVICES"; APPOINTING FOUR INDIVIDUAL COMMISSIONERS EACH TO SERVE AS A COMMITTEE —OF —ONE IN RESPECT TO THE ABOVE NEWLY —CREATED COMMITTEES; DIRECTING THAT ITEMS WHICH HAVE ORIGINATED FROM AN ADMINISTRATIVE. DEPARTMENT SHALL HAVE FIRST BEEN REFERRED TO THE RESPECTIVE COMMITTEE FOR REVIEW AND REPORT BY THE COMMITTEE WHICH REPORT SHALL THEN BE A. INCLUDED AMONG THE MATERIALS DISTRIBUTED TO THE FULL CITY COMMISSION IN THE AGENDA PACKET AT LEAST FIVE DAYS BEFORE EACH CITY COMMISSION MEETING; PROVIDING THAT FAILURE OF THE COMMITTEE TO CONDUCT SUCH REVIEW OR TO FORWARD ITS REPORT SHALL NOT PRECLUDE THE CITY MANAGER'S PLACEMENT OF THE ITEM ON A COMMISSION AGENDA; FURTHER DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO WORK WITH EACH COMMITTEE WHICH SHALL INCLUDE COMMITTEE MEETING AGENDA PREPARATION AND FILING WITH THE CITY CLERK OF THE TIME AND PLACE OF 1 ALL MEETINGS BETWEEN THE COMMITTEE AND CITY STAFF WHICH MEETINGS SHALL BE OPEN TO THE PUBLIC; PROVIDING'' THAT THE RESOLUTION SHALL NOT BE IN FORCE AFTER THE SECOND REGULAR CITY COMMISSION MEETING IN DECEMBER,f� 1990. V r (Here follows body of resolution, omitted here and on t y= file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed 4n4 adopted by the following vote: C Mgt COM1,ssionar Victor Do Turre Commissioner J. L. Plumer, Jr. Commissioner Miriam Alonao Mica Mayor Miller J. Dawkins Mayor Xavier L. Suarez NONS: None. ASSENT: None. a.3YrrrwrriY�iL.r�..urrr.r�.iwr—r�iiii.i'arwwaiarr.r_iri��rrra..rraw�wrWrriraLrrr���iiw_r.riirfr+MwY�.►iY+ipiYifi• •:• 40. (A) f U COMMISSIONER PLUMMER PROTESTS ARTICLE IN THE MIAMI HERALD ,d REGARDING ALLEGED INFLUENCE CREATED BY A CONTRIBUTION TO His CAMPAIGN. (B) VOTE DOWN PROPOSED RESOLUTION APPROVING RECOMMENDATION OF COMPETITIVE SELECTION COMMITTEE OF THREE FIRMS TO PROVIDE PLANNING, DESIGN SERVICES AND ENVIRONMENTAL STUDIES FOR A PROPOSED AIR TRANSPORTATION FACILITY AT WATSON ISLAND. (See label 42). ----- ----------- (C) URGE DADE COUNTY TO PLACE PROPOSED HELIPORT ON DODGE ISLAND. Mayor ---------------- ----------------- -..._.�-__-�„�-----.�_..__.._ �... Suarez: Item 20. Watson Island helicopter facility. Commissioners, asked for additional time to consider this and be made aware of the proposal. Commissioner Plummer: Mr. Mayor, a point and personal privilege. Mayor Suarez: Yes, Commissioner Plummer. Commissioner Plummer: I want to put on the record an article which appeared in the Miami Herald, which I take great exception to. That great exception that I take is that, the reporter called and most of the time, asked me why I was opposed to the issue of a study on Watson Island. In the article which I read, I didn't see one of the reasons given as to why I was opposed. I take further exception on the fact that the -innuendoes put forth by that article, that Mr. Bill Terkeurat is my friend, he has been and will continue to be, is also a contributor to my campaign. In some way the innuendoes that would take my judgement away from good judgement. If in fact that is the case, I want to A tell you something. I will never vote on another article for the Miami Herald because Alva Chapman contributed to my campaign and I don't ever want to be in q a conflict of interest. Now, I'm just sick and tired of innuendoes. Is there something there that because Mr. Bill Terkeurst is my friend and has contributed to my campaign, that alters my judgement, say so. Put it in the facts and put it in the record. I have a lot of contributors to my campaign x r' and I'm telling you, I'm proud that Mr. Alva Chapman did in fact in a past campaign, contributed to my campaign. It has nothing to do with how I vote on the Miami Herald. I would only ask that in the future that if you have facts, print them and leave innuendoes alone, and when I give the courtesy of a very prompt reply that you at least state in your in article those things which I've said that you asked me. Thank you. Vice Mayor Dawkins: I contributed to your campaign. Commissioner Plummer: You definitely influenced my vote. Vice Mayor Dawkins: All right. Mayor Suarez: Anything that benefits Vice Mayor Dawkins from here on, you cannot vote on. Right? Commissioner Plummer: What? Mayor Suarez: Anything that benefits him, you can't vote on because he contributed to your campaign. Commissioner Plummer: We're still the blues brothers. Mayor Suarez: That's what we've established from all this. item itself. Vice 96yof Dawkina: Now, I have a problem with the item from day one. Now, I've got some papers here and I need to know some answers. Like it says here, federal futidin ends on... g depends you moat apply before October i, 1989: Did we apply before October 1, 1989 for funding? Mr, Jack tuft: No. We... Mice Mayor Dawkins: All right. Federal monies is applied for and approved a minimum of one year in advance. If funds are presently available, they were applied for before October 1, 19890 the budget is approved October 1, for the entire following year. Funds would have to be applied for by the Dade County Aviation Department as a part of their overall request. So, we did not apply but did we ask Dade County Aviation to apply? Mr. Luft: No, sir. Vice Mayor Dawkins: So now, we're talking about doing a study and we have no money. Now, somebody out there explain to me what is meant by, the, minimum requirement is ten engines for the very lowest priority. What does that mean? Mr. Luft: I'm sorry, I didn't understand what you said. Vice Mayor Dawkins: OK. The FAA says that there must be ten engines for the very lowest priority, that means that it would have to be ten helicopters not utilizing but based at Watson Island, the next priority category is fifty engines. Now, are we going to have ten helicopters over there? Mayor Suarez: Is that the minimum? Vice Mayor Dawkins: It's the minimum, that's what it says, right here. Vice Mayor Dawkins: We're going to have ten helicopters over there? Mr. Luft: Sir, are you reading from a planning grant? Vice Mayor Dawkins: Federal Funding Heliports requirements. Mr. Luft: For construction or for planning? Vice Mayor Dawkins: Well, why would you plan if you weren't going to construct? Mr. Luft: We cannot say how much or how big it is going to be until we %I prepare the plan. Vice Mayor Dawkins: All I need to know is, if you're planning to have ten engines or fifty engines? If the requirement is, you have to ten or fifty? That's the part... you have to plan for that, OK? That's number three. Twenty... the entire facilities... and these are federal funding guidelines, Mr. Luft: That's right. Vice Mayor Dawkins: I'm not reading, I didn't make these up now, OK? The entire facility including all components cannot be moved, altered or the uses controlled in any way by the City of Miami for a minimum period of twenty years without full payment to the government for all funds expended including penalties, interests and damage to the transportation system. Are we planning to tie this up for twenty years with this? - And the only person who can change it is the federal government? Mr. Luft: The funding agreement would have a maximum period of twenty years and we would negotiate a term consistent with the level of investment that we'd be making. Vice Mayor Dawkins: But the government would be the one who determine ghat v you can do and cannot do. , y1 Mr. Luft: Once we build the facility, we agree to a term, a period for the fixed base operator to operate it under agreement with FAA and ftriug that period, we can't tear the facility down, no, We're using their money to build it, f '=� .h jk e2 July 12i! Vt 11 tt 5 � f .,,.,, �ieisitsner l+ler: i�r relocate it. x;: f f{ Mr. tuft: We can't:s. ftwissioner Pltwaer: B1tcuse me, we're not building with their maney as recall... a Mr. Luft: That's correct. A Conm:issioner Plummer: ... we're only studying with their money. i Mr. Lult: We're studying, at this time. But obviously, we can't... Commissioner Plummer: You said that, on the record prior.:. Mr. Luft: That'sf- right. Commissioner Plummer: ... you said that the results of that study would be = somewhere between two hundred and fifty to three hundred thousand dollars..._ Mr. Luft: No. Commissioner Plummer: ... of cost to implement the study of whatever it S recommended. Mr. Luft: Probably, more than that but, he was saying, we cannot move or tear °= r down a facility for up to twenty years and obviously, we can't move or tear down anything unless we build it, and so, I said. y 1 Vice Mayor Dawkins: OK. Let me ask you another question. Do you plan to fund whatever you plan to build with tax dollars from the citizens of Miami or tax dollars from the federal government? Mr. Luft: From the federal government, it's the FAA... >,t Vice Mayor Dawkins: So you're going to apply for the federal funds. I don't know what you're saying. t Commissioner Plummer: Are there funds available for construction of a heliport. Mr. Luft: fifes, sir. It's out of the special fund that's set aside for Watson Island. F. Vice Mayor Dawkins: But you shouldn't... where are they set aside for Watson I s 1 and 7: Mr. Luft: They are in the airport improvement act designated fund for Watson y Island, they're held in trust in Orlando. •:, Vice Mayor Dawkins: And they were applied for before? Then you're `.. contradicting yourself. Then, you applied for these funds before October 1, #' 1989? �• Mr. Luft: I said we did not. We are... Vice Mayor Dawkins: Well then where are... how did get reserved? �a Mr. Luft: We are going to apply for... those funds will be there next year and the year after, as long as Chalk's is there or continues to be. So, we will apply this year. ^" �fK r Vice Mayor Dawkins: But then, they are there if we apply for them? SA w Mr. Luft: That's right. We have established all of the guidelines from the —� FAA and if we submit a planning grant in accordance... ,r mkt . t Vice Mayor Dawkins: I have a letter here where Mr. Dick Judy wrote a I* to Mr. Odio, September 15, 1986. The same Mr. Dick Judy who stood rpvaF th#ro � R. and told me that this was the best thing for us. Mr. Luft: That's right, Out a 18! J uly- 2 r. 0 Bice Mayor Dawkina: And he stated, that Watson Island may be satisfactory for temporary ume of the heliport but is not correctly positioned for use 46 a } major public tranaportation facility to provide helicopter service to dount6" Miami in the long term. Ott? Nowo I'm going to may to my fellow Commi681oft6t6 again. r Mr. Luft: Would you like me to respond to that? Vice Mayor Dawkins: No, I don't need you to respond to nothing. When I do, I'll ask you, air. My contention is, that Dade County again is getting ready } to utilies my property at their expense. I've just finished telling you that they have my transfer station and I have to pay forty-seven dollars a ton for garbage. They also have the Port of Miami, of which I get no money, and now they want to come over and take Watson Island and put a heliport there which I - will get no revenue from, and there is nothing in the world that says that if Dade County wants a heliport, they should not put it on Dodge Island, and I'm one vote will not vote for any heliports to go on Watson Island and you do not have an exclusive, according to this. If ten more people wanted to put a heliport over there, they could... Mr. Luft: No, air. Vice Mayor Dawkins: ... and if ten people want to have a Chalk Airlines, this says, federal government says, you cannot exclude anyone, according to these. Commissioner Plummer: You're getting to the basis... Mr. Luft: Any provider of the service can use the facility. If another airplane wants to land and come up to the terminal or another helicopter wants to land there, of course. This is a public piece of property, this is a municipal facility and that's correctly the way it should operate. There cannot be an exclusive, where only one operator can land and everyone else is excluded, and I think as a public property, you wouldn't disagree with that. We would want it open to the public. Commissioner Plummer: Is that not the case today? Mr. Luft: The facility as it stands today is owned by the private operator, the land is owned by the City. Commissioner Plummer: Does the present operator not allow anyone who wants to land there, to land there? Mr. Luft: I suppose he would because it's City land but the facilities themselves are his and as I get the story from private operators throughout Dade County, they are not about to use private facilities that he owns for the conduct of their business which he would construe to be competing with him. That's why a public facility is necessary so that all users are comfortable in accessing it. Vice Mayor Dawkins: Well, I can tell you for a fact that other people use the facility because of personal friend of mine, who is not a contributor, does in fact use that facility quite often. I come back to the same thing over and over again. Tell me after a study and the expenditure of a half a million dollars, what we can do at the completion that we can't do today. A helicopter lands, a helicopter takes off, a helicopter takes on passengers and discharges passengers, a helicopter takes on freight and discharges freight, on Watson Island. Mayor Suarez: One thing is, how much is envisioned at least, in general terms, to be how much land space to be used by this heliport as conceptualized at this point? Mr. Luft: As stated by Commissioner Dawkins at the very first meeting when this RFP was authorized, he said he would not support more than three acres and that's the guidelines that we're working with. Mayor Suarez: One? Mr. Luft: Three acres is what Commissioner Dawkins suggested. 1$4 r `f X.1 { Commissioner Plummer: lion much now? Mayor Suareet The present operation kind of covers a huge undefined area where no one I know would *ant to do any kind of, make any kind of use of the - acreage there. I don't know how many acres it would be, but I sure as heck *ouldnIt *ant to play any sports or otherwise be sight-seeing or doitsg - anything of the other kinds of activities we expect people to have on Watson Island when it's fixed up under those helicopters. I mean, the whole idea is - to have them come in over water and use a specific pad, very limited in space and that's one argument and of course, the other is that... Commissioner Plummer: On an island, you've got to come in over crater. - Mr. Luft: I think that's the point. Mayor Suarez: Yes, but right now you have to come in over water and traverse - the island for a good deal of the time and space, and of course, the other one is that we have to make this available on a competitive basis to anyone who _ wants to operate there. Mr. Lufts We can have an exclusive fixed base operator but that operator must - allow everyone to land there and use the facility as a public terminal. Commissioner Plummer: Well, we can charge fees as they do at the airport. Mr. Luft: We can charge, the City can charge fees in lieu of rent for the land and fees for municipal services. So, we can derive revenues from this facility. But what we're trying to do here is to provide a good technical expert study of how we would go about locating a heliport presumably, upgraded facilities on the island so that it doesn't impact the island as much as it does today. In the process, we may very well be able to improve facilities for Chalk's Airlines or whatever airlines is operating there. There is a I = seaplane operation, if we're fortunate to keep them and perhaps, get the airship back which was a part of the master plan that this community supported very greatly. We're trying to provide a study process to do this. Mayor Suarez: Otherwise known as the blimp. Mr. Luft: Pardon me? Otherwise known as the blimp. Commissioner Plummer: Yes, the hell you say. Mr. Luft: If we can study this and organize those facilities in a better way to utilize less land and provide a better service, that's what we're trying to _ do. To bring you a study that will tell you how to do that. The study itself commits us to doing nothing, except studying it. Vice Mayor Dawkins: Did Dade County Aviation ever do a study as to putting helicopters either at the airport, at Dodge Island or anyplace? Mr. Luft: Yes, sir. Vice Mayor Dawkins: Did the federal government ever do studies as to the feasibility of heliports in Dade County? Mr. Luft: Yes. The federal government participated in that regional study. Vice Mayor Dawkins: Now, if they have these studies, why should we spend half a million dollars to study when we can take this data and draw our conclusion? , Mr. Luft: Because those were route studies. Vice Mayor Dawkins: Beg pardon? -'. Mr. Luft: Those were route studies to find out the best places for R. helicopters to fly in corridors through Dade County where they would minimal disruption to the community and connect certain points. Those points where they would have a facility were never studied precisely ,and in fact, it van one of the objectives of the Dade County Aviation Department to find a heliport in downtown and on Miemi Beach, which is why Mr. Judy said in 1986, he would prefer those locations to Watson island, Jos July 420 1994 Zfl Commissioner Plummer: Isn't it convenient... Mr. Luft s in the four following we have not been able to do that. Those facilities appear totally unlikely to happen and Watson island how, after four year's worth of +work, appears to be in fact the best compromise, an ideal, solution to the difficult problem of locating a quality municipal heliport. And that's why we think this is worth looking at. Commissioner Plummers And why is there any big difference of putting this on the seaport as opposed to Watson Island? s Mr. Luft: Because the seaport has limited access, it he:: difficult access from the beach. Vice Mayor Dawkins: Limit? No, no. Commissioner Plummers They're building a new big bridge. Mr. Luft: The big bridge as you know, Commissioner Plummer, discussed this is going to be over -capacity, the moment it opens. Commissioner Plummer: That's their problem. Mr. Luft: Well, it's also a heliport's problem. Vice Mayor Dawkins: But the water, they've got all the water they need to come in over. Commissioner Plummer: Is McArthur Causeway not over capacity? Mr. Luft: No sir, not close, except when the bridge breaks down but that's a level of service on McArthur Causeway. Commissioner Plummer: Let me ask you one other question. After a study that was done at the airport, and I understand in excess of a million dollars was spent to build a heliport on top of the airport. It's there now. Mr. Luft: That's right. Commissioner Plummer: It is used less than one percent of capacity. Mr. Luft: That's because we've never been able to build any other facilities to provide the route network and the services on an inter County basis, which is why this is so important. Commissioner Plummer: That's not the... I'm assuming that there are in a network, more than Watson Island. Mr. Luft: Pardon? Commissioner Plummer: I'm assuming in a network, there was always -1 contemplating more than Watson Island. a Mr. Luft: Yes, and Broward County and Palm Beach are proceeding with theirs t and we had hoped to have one on Miami Beach and in downtown but this is going to be an important part of that route system. A Commissioner Plummer: I'll tell you what. I'll vote for your study if it0s for Dodge seaport. They want to tie up my property. Mr. Luft: Well, we don't control the land and the monies for the Watson Island airport are there for the Watson Island study. That's designated for that Chalk's Airline facility. Commissioner Plummer: That's convenient. They tie up three acmes of any valuable property and they don't want to tie up three acres of their valuable property. I understand that. Mr. Luft: You can choose to give, if you wish... Mayor Suarez: We're now tying up ten, twelve, fourteen, fifteen acres for the present operation, why wouldn't you at least study the possibility 69 rsduc os a; 106 July 124 4990 ` 1 0 the mount of acres that you have to for heliport facilitye Not to mention r*anus* that might come in if we have other helicopter companies. Ve;had an offer, at one point, by a company that was grilling to pay ten thousand doilirs a month for the use of a facility on Watson Island. And instead we..4 what do ' tie have, what in thelatest thing what we've got there for that operation there? What are we getting out of it? Mr. Luft: We get air time on a monthly basis. Mayor Suarez: How much air time? Mr. Luft: Ten hours, I think. Mayor Suarez: OK. The old ten hours a month. Do we have any logs of the use of that in the last couple of years, since the last time I had a big discussion. Mr. Luft: Yes, they are keeping logs at the facility. That's correct. Mayor Suarez: OK. Could I be provided with those logs? Mr. Luft: Yes, we will have the... Mayor Suarez: Last time I asked, for a while there it seem like the operator didn't want to provide them, at least, make sure that he provides them this time. Vice Mayor Dawkins: The man provided them and you all didn't... I mean, let's be fair, they were provided and they never showed up. Now, they were provided. Let's be fair now. Mayor Suarez: No, they were provided beginning at a particular point but not before that. Mr. Luft: We'll get the current logs and provide them to you. But to the point, I think in my discussions, Commissioner Plummer, I spoke with that operator... Mayor Suarez: Wait, wait, Jack. That's too important a point to leave. Has the administration used the helicopter in the last month for any purpose that it remembers? Herb or Angela or anybody? OK. How about the month before that? This year? - let's say. Have you used it, you remember using it? Mr. Luft: I used it for ten minutes to photograph the waterfront. Well, I flew across to the downtown. Mayor Suarez: Well, presumably it's more than ten minutes by the time you get up in the air and come down. Anybody else remember any of the usage of it this year? They are basically using the whole island or a huge percent of the island for nothing. Mr. Luft: One of the important aspects of this study will be a market study, feasibility study, to show the City what the economics of this facility would be and how we can better capitalize on it. Now, it was the existing operator on Watson Island who recommended to me, in the Watson Island study that he felt it was far preferable to have a heliport on the shoreline with an over water approach, it would do much lose disruption to the island and that it could be a much better facility, with an in place fueling facility and a fixed based operator to run it. It was his recommendation that we do that. The current operator recognizes that we're working with an antiquated inefficient . facility out there that really is a left over from the blimp. We've just managed to use it in the interim. ;$ Vice Mayor Dawkins: The present operator does not vote up here.., r ;w Mr. Luft: No, but he knows about helicopters and he gave me that advice.- Vice Mayor Dawkins: ... and he does not vote up here and I've told you 4=0 I'm going to tell all of you up here, if you're going to put this holip Dodge Island, they have filled... when they started out tbop didn't ve nothing. They have constantly filled in the island until it almost regohos ni, OK? So now, let thaw just till in a couple rat More teat and G .tip heliport over there. 187 July 124 994, Y s t P� 2 Mayor guares: All right, on the item before us, what's the COMIasion's pleasure' Have you finished the presentation, Jack? Mr, Luft: Yes, air, Vice Mayor Dawkins: I move it that you nothing on Watson island, Keep it as open space so gay grandson can grow up one day and know what open space look like, Mayor Suarez: Does that include, do you build into your motion that the existing operation be cancelled for helicopter services in a noncompetitive fashion as it is now being carried out? Vice Mayor Dawkins: I have no problems with opening it up to a bid for the City of Miami to get the best possible return on the use of what's being used over there for helicopter. Mayor Suarez: I understood you to say that you prefer not to have any helicopter service out there. Vice Mayor Dawkins: I don't want, look, I don't want none over there. It don't make any difference to me, I don't want anything on the island but people. Mayor Suarez: So does your motion then, since you don't want to have a helipad analysis or study, include asking or evicting or ending the use of the island for helicopter service? Vice Mayor Dawkins: My motion is, so that it's clearly understood, that Dade County be told to put a helipad or helicopter on Dodge Island. That's my motion. Mayor Suarez: So moved. F Mr. Luft: Their study... just... my comment. Their study indicated that it would be acceptable as an interim location, this is the 1989, March heliport system study. That Dodge Island was acceptable as an interim location until a better site could be found and I think that site could very well be Watson Island and that's why we want to do this study. They have already looked at Dodge and found it to be lacking. Commissioner Plummer: Why? Vice Mayor Dawkins: Yes. Because they don't own it, J.L. That's why. Mr. Luft: A heliport, particularly municipal heliport serving that particular s' area needs to have operational service for not only executive travel, but for r courier service, for tourism, for... Commissioner Plummer: And you're saying that the port doesn't have that? Vice Mayor Dawkins: And the port will not serve for that. Y Mr. Lufts The port will mean nothing to Miami Beach and that travel across there. Commissioner Plummer: Almost three million passengers a year, takes the boats out of there. Mr. Luft: There is practically no market there for helicopters. Commissioner Plummer: And they get all the revenue for... I'm not saying that. There are three million, almost three million passengers going to cruise ships on that island annually and you're saying that a helicopter that ; carries four people is going to impact that so badly that it would make a difference. Mr. Luft: No. I'm saying that the total markets to heliport service and the route system, the on demand service, the tourism service, the night seeing service, service doesn't work well on Dodge Island. They are Is$ helipads for the purposes of the cruise lines there. That's all they plan to put. They would not be able to feasibly put a fueling facility nor will they have a fined base operator. It in a limited facility and it will probably always remain than and that's why the regional study looked for another location. Unfortunately, because of site cost and hazards and community objections in the downtown area, it's virtually impossible. You know, with the plan future rail line from Miami beach, Watson island become a very Interesting and possibly excellent site, I think it's worth a study and that's why the administration has recommended this. A Mayor Suarez: OK. As to the motion, we have a motion to suggest to the County that they put the helipad on Dodge Island. Do we have a second on that motion? Seconded. Any discussion? Any further discussion as to that motion? If not, please call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: R ESOLUTION NO. 90-540 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING DADE COUNTY TO PLACE A HELIPAD ON DODGE ISLAND; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NOES: Commissioner Miriam Alonso Mayor Xavier L. Suarez ABSENT: None. Mayor Suarez: As to item 20, do we need to make any motions, does anybody want to make any motion to proceed or to not proceed with the recommendation of the selection committee? Commissioner Plummer: No motion means no action. Mayor Suarez: If we have no motion it will mean no action so it stays where it is. OK. I'll move the recommendation of the competitive selection committee to provide professional planning and design services etc., for the possible heliport on Watson Island. Vice Mayor Dawkins: Is there a second? Once... Commissioner Alonso: Yes, I'll second the motion. Vice Mayor Dawkins: All right. It's been properly moved and seconded. Any further discussion? Call the roll, Madam Clerk. ON MOTION DULY MADE BY MAYOR SUAREZ AND SECONDED BY COMMISSIONER ALONSO, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner J.L. Plummer Vice Mayor Miller J. Dawkins ABSENT: None. 189 July 12, 1' } fi i ' Ceraiaeioner Plumeti go, In other words, they don't have the right, under S3 rv- the agreement present, to transfer. Mr. Clarks What's correct. 1 Commissioner Plummer: Well, that's up to them. I mean, if they're willing t6 _ - &adept the stipulation which states that any subsequent buyer of the airlineQ and seaplanes fully understands that he has to come in and negotiate with -the City terms and conditions of future use, then I'll vote for it. Mr. Rifas: Well, Mr. Plummer, I'm not - that's not the request that we made. That's not a request that I can agree to. I have to remind you that we have an alternative here that actually... zf Mayor Suarez: Well, here's an in between one before you get to the nasty alternative, OK? M. Rifas: Go ahead. Mayor Suarez: In any normal lease situation which we could call this a normal lease situation, an assignment is subject only to our review of the credit of the new owner of the leasehold rights or concession rights or whatever it may be. Did we establish, Mr. City Attorney, that that would always exist here?; Mr. Clark: The status of a hold over tenant or tenant at sufferance, tenant at will, whatever status that Chalk's has, that situation, if you want to say tk that that lease provision - I put lease in quotes - there would be no problemr`� with that. ` Mayor Suarez: Yes, the idea is that we do have the ability to find out who it is that they've transferred to and look at the usual kinds of things such as credit, the seaworthiness of the operation,•etcetera... Mr. Rifas: Well, the... Mayor Suarez: ...for lack of a better term, and that we would look at 'those things, but not renegotiate the terms, is what I'm... Commissioner Plummer: Correct. Mayor Suarez: ...it's a minor modification to what J.L. is proposing. Commissioner Plummer: Correct. Mr. Rifas: The agreement is a stipulation for dismissal of don't consent to the fact that this is a lease and... Mayor Suarez: I know, I know... Mr. Rifas: ...and we question the use of that term. Mayor Suarez: Without getting into the terminology, the fact of the matter is, you're making a yearly contribution, which he deemed or he called, voluntary contribution, of $15,000. You're having the use of that rather small space, I might add, and so on. Can you agree and can the City Attorney agree that in the event of a transfer, the transferee would have to come in and be reviewed as to the usual things that we review transferees of leasehold rights like we did here for what used to be J.P.'s and is now Havana Clipper, etcetera? Mr. Rifas: I simply can't agree to - there is no sale right now. There is a pending action which, of course, depends upon... Mayor Suarez: Well, maybe I shouldn't ask you... Mr. Rifas: Right. Mayor Suarez; ...maybe I should just ask the City Attorney. that right? Mr. Clark: Yes, we would. 192 MAy6r Suarea: I don't too the problem with this. Commissioner Plumm6rs Yes, we have that right, but if they contest it, we're back in court again. I'm trying to get it so that we don't have to go back to }: court again. A Mayor Suaresc Well, they can only transfer whatever rights they have. If they want to go back in court, they have to suspend that armistice, and I don't know what we then have the right to just kick them out. If we win. Commissioner Plummer: Well, no, we don't because our agreement is with $= Chalk's. And as long as Chalk's pays us the $15,000 a year, voluntary contribution, they can turn around and sublease out to another organization. Mayor Suarez: And we think we have the right to look at that new organization as to credit worthiness and the ability to run the operation. Mr. Clarks They would even have less rights than Chalk's. Mayor Suarez: Right. They can't give him more than what he's got. Commissioner Plummer: They're going to sublease immediately. That's the purpose of doing this. What's the name of the company that would take over? - Seaplanes, Inc., or...? Mr. Rifas: No, it's called the... it's a separate wholly owned subsidiary of Resorts International called Flying Boats, Inc. Commissioner Plummer: Flying Boats, Inc. Mr. Rif as: Flying Boats, Inc. will eventually effectuate a corporate name change with Paradise Island Airways. Paradise Island Airways will have a separate name identity. What is now flying as a seaplane operation will assume the name of Chalk's. Commissioner Plummer: I'll ask my bottom line again. How does this action benefit the City? Mr. Odio: Are you asking me.... Commissioner Plummer: No, I'm asking the administration. Mr. Odio: It is a tourist attraction, in most cases. I think it's a benefit to that island, a financial benefit. Direct benefit, no, but I think we need to keep Chalk's around. I asked about it that the name should not be changed, that it should be Chalk's. Mayor Suarez: Well, there's a nominal financial benefit. There's $15,000 a year. Mr. Odio: Well, that's... but I know how he thinks. Mayor Suarez: It's not a real high one. Mr. Odio: So, we need to keep them. Mayor Suarez: OK, Commissioners, we've... Commissioner Plummer: I'll move the item. Mayor Suarez: We've exhausted the debate on it. So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 193 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY ATTORNEY TO AMEND THE EXISTING STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE (CIRCUIT COURT CASE 140. 89,-7029 (CA 19) BETWEEN THE CITY OF MIAMI AND CHALK'S INTERNATIONAL AIRLINE, INC. (A SUBSIDIARY OF RESORTS INTERNATIONAL, INC.) APPROVED VIA RESOLUTION NO, 89-538 ON JUNE 7, 19890 AND EXECUTE APPROPRIATE DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH RESORTS INTERNATIONAL, INC., AND CHALK'S — INTERNATIONAL AIRLINES, INC., WHICH WILL ALLOW THE ASSUMPTION OF THE JUNE 13, 1989 CONDITIONS BY ANOTHER WHOLLY -OWNED SUBSIDIARY OF RESORTS INTERNATIONAL TO BE CALLED "FLYING BOAT, INC."; SAID ASSUMPTION OF LIABILITY BEING WITHOUT PREJUDICE TO THE CITY OF MIAMI AND IN NO OTHER WAY MODIFYING OR AMENDING THE SUBJECT STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Mr. Rifas: Thank you very much. Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: Yes, Vice Mayor. Vice Mayor Dawkins: These youngsters have been here a long time... Mayor Suarez: I was just going to say, you read my mind. :k Vice Mayor Dawkins: ...and they're getting - and this one over here is going to sleep. Can we hear them so they can... Mayor Suarez: That was on item 77. We have a rule here that's kind of unfair to bring... 42. (Continued Discussion) CLARIFICATION CONCERNING PROPOSED MUNICIPAL HELIPORT ON WATSON ISLAND - DIRECT ADMINISTRATION TO DISREGARD ANY EXISTING'PLANS. (See label 40). Mr. Herb Bailey: Mr. Mayor. Mayor Suarez: Yes? Mr. Bailey: I just need a clarification on the municipal heliport at Watson h d l d t at our i stru ti h Island. You know, we a a rea y gone ou y n e ons on t o resolution in April and solicited proposals and under that process, we have already short listed those that were considered to be qualified. On your action today, are you saying to us, to disregard any action that was taken on the previous resolution and so far as you're concerned, activity on Watson Island in regards to municipal heliport is to cease or what do we Rio at this point? 194 July 12, 1990 a kj k5#3 ,.Y I F 4 q ►ice Mayor Dai►kins t i'sri saying, put these in the garbage. What's my. , : � teah, that eras my vote. _ Mr. Dailsyt Do we head to rescind any action that...V. 7 Bice Mayor Dawkinst Yes, whatever we have to do, let's do that. Mayor guareas The effect of the... Mr. Bailey: That *as a resolution that you passed in April that authorised us to go out and solicit proposals. We want to know now what do we do? Vice Mayor Dawkins: Just kill the proposal. Commissioner Plummers Doesn't always, on an RFP, the Manager have the right to reject all bids? Mr. Baileys Well, not exactly... Mr. Odios Yes, I do. I have the right to reject all bids. Mr. Jack Luft: Could we... Mayor Suarez: It's the equivalent of having gone all the way through the °'- process and all the bids were rejected. That's the best thing... Mr. Odio: We have gone through the process, they've... Mayor Suarez: No action. - �> Mr. Odio: No action taken or it failed and we... Mr. Luft: Could we study... - Mr. Odio: But it in the trash... Mr. Luft: Could we study the issue of an airship and Chalk's? Because <. Chalk's would potentially benefit from an improvement there and not talk about tom•, `:- helicopters? x� Vice Mayor Dawkins: No. T :y Mayor Suarez: I have no problem with your studying it. I mean, the Manager has to decide what he's going to bring back to the Commission, but, you know, rx — he shouldn't keep studying things unless he's got three votes.4 � INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. n ; �y t Mayor Suarez: You mean, by bringing in the element of the airship, that might ` increase the viability here on the Commission? You might... s z.. Mr. Luft: Well, the helicopters have always benefited from the airships. �Y Commissioner Plummer: I'll ask my question again as in relation to Chalk's. What can they do after the expenditure of whatever monies it is, tomorrow, the, - completion of that study that they can't do today? They're landing there,: — they're taking off... Mr. Luft: No, they would have - we would be able to improve their facility, the access roads to the facility... ., Commissioner Plummer: for 415 000 that the a us a ear? , they Y �.. - Mr. Luft: No, from the federal funds that we have. Those are our monies. if '. we don't use them, we lose them, million dollars. We can use these funds to �Y at least build access roads to the facility, improve the island, landscape# provide tarmac and ramp improvements, provide a terminal. Customs is sittingu#f out there: in a trailer, they're fueling planes off of trucks. We can bu�.ld ' them modern, safe, environmentally correct facilities, at leaser for the _ d f a blim if helicopters aren't there aeeaplanes an or p• ,,, w 195 July 120 f � i }ii = nice Mayor bawkinat build them on D6dge Island. Y a Mr. Lufta No, 0e11... Mayor Suarek: go, don't get into that, that's his view then. He's voted that _ way consistentiys k UNrDMMIFIRD SPEAKER: Mr. Mayor... Mayor Suares: As to OK, you were just saying that it's partiaulatly important; even ae to the operation of Chalk's. Even without getting into helicopters. Sven get... Mr. Odio: No, the part of the work that was going to be done is to renew the , terminal for Chalk's completely revamp it. Build a new... 'h Mayor Suarez: There's no problem with that. k Mr. Odio: ...plus the helicopter terminal, plus the airship. Vice Mayor Dawkins: But they're going to still slip the helicopter... Mayor Suarez: Yes. ¢ r 5! .`- Commissioner Plummer: There is no way you could do that in three acres. k r Vice Mayor Dawkins: They're slipping the helicopters in on me, that's what they're going to do, slip the helicopters in the back door. Mr. Odio: With a million dollar... ' ill i ' th th t Mr. Luft: The current Chalk s fac ty sn t any more an a . Mayor Suarez: I'd have no problem if the Commission wanted to move that aspect of it, even with the proviso that we're not going to have helicopter operation there. Mr. Luft: You can drop the helicopters from the study. We just won't look at it. Mayor Suarez: Drop them right in the ocean, for all I care. Mr. Luft: We can talk about Chalk's and airships, that's all. We fix up the recreational field and some roads. Commissioner Plummer: Well, you know, you're now getting into airships and I N 4° guess I'm probably maybe Dawkins, the only one here who was given an ultimatum by airships, Goodyear, in particular, I think it's Goodyear - Goodrich, good whatever it is -that said... Commissioner De Yurre: Those are the other guys. Mayor Suarez: Those are the other tire guys. Commissioner Plummer: That if we did not allow them to build a ten story hangar on Virginia Key, that they would move. And wed said, we're not going to let you build a ten story anything on Virginia Key and they moved. Mayor'Suarez: All right, leave the blimp out for a second. What about just fg for the seaplanes? Commissioner Plummer: What's the airships? Mayor Suarez: What about just for the seaplanes? What about just to be able to house them and spend those federal funds... =' Commissioner Plummer: Mr. Mayor... OK, let me answer that. mayor Suarez: And have a better customs facility there and... -. Commissioner Plummer: I would rather do it if it in beneficial to th4.Ci y, I would much prefer to do it with City funds. r .... .A 7771 5 R -1 _4i Al TT �7 Mayor guarea: With City fuhdal A_ 5' Commissioner Plusamers 'gait a minute, Now, you lair you're telling tie this is a source ofrevenue - than to tie up my property for 20 years that l don't have control over: , Mr. Cdiot When have you had control over in the first placel Commissioner. Plusmmers I have control over Matson Island. I can kick the ',W helicopter out of there today... Mr. Odios You can't... Commissioner Plummers I can kick the boats out of there today. Mayor Suarers You're never - I hate to tell you guys, you're never going to have a port and you're never going to have an airport and you're never going to have any such facility if we take this approach. Commissioner Plummers Yes, and then we're going to have the Planning Department come up with another one of these mega -yachts, exclusive, rich cats - millionaire boats parked there, and that's part and parcel of why they want to put in a heliport, so they can cater to these multi -million dollar boats that 2 they want to park over there. Mr. Odio: And let them... UNIDENTIFIED SPEAKER: What about the little people? z- Commissioner Plummer: No, no, the little people, they go to Bimini. They're on the other side of the island. Mayor Suarez: All right, as to the little people who use the seaplanes, does anybody want to move the study as to only seaplanes? Basically, there's been two votes favorable to this whole concept and three against. If any of the three against wants to move it, that will give you an indication, Jack and Herb and all the other staff and the Manager, that as to that, on that narrow _ basis, there may be an interest. If not, I don't think we. . Mr. Odio: If I ever - and I didn't lobby any of you, you know that - but if I ever wanted something, was to do this helicopter thing because I think that's the beginning of improving Watson Island for good and keeping away the people that want to put Disney World over there. This is the beginning of it and I # think it's a great tourist attraction -and there is nothing wrong with bringing y f mega -yachts here that it's going to spend a lot of money here.` Vice Mayor Dawkins; Mr. Manager, you and no one else has shown me why it's more beneficial to the City of Miami to put this on Watson Island than to put it on Dodge Island. Mr. Odio: But you see, Mr. Commissioner, Terkeurst... Mayor Suarez: We're not going to rehash that argument that we just went through. Mr. Odio; No, he's asking me a question. Mayor Suarez: The only point now is as to the seaplanes. Mr. Odio; Let me - can I ask? But he's asking me a question. Mayor. Suarez: The only point now... Vice Mayor Dawkins: Answer my question, please, sir. Mr. Odio: Your question. You're running a junkyard over there now, That Terkeurst operation is a junkyard. Why not improve that one? That's all I'm saying. Mayor Suarez: All right, back to the issue. The narrower issue is ,spy Cvnmaissioner willing to move the possible study of improving the girghi� operation - but not to include blimps just for +seaplanes.} y 197 July its ; 4 • 4 { dal-'P3AWA1� 1, Vies Mayor Daxwkingt It +Chalklo Airlinab wants to improve it, let theta itbprove Mayor Suarez: Using federal funds that are available for that purpose: Do you want to try to move it one more time? --on that narrower basis? Commissioner be Yurre: Let's go to item twenty... h Mayor Suarea: All right. No motion. There being no motion, I think the k= indications fairly clear that it would suffer the same fate as the prior ., motion, Herb. rr.......r.r.r—r...----.—rar.aa---------.—..rr��a►+..wr....ru��.a..r.rtrasLar " ars. - 5. 43.. SECOND READING ORDINANCE: CREATE A COCONUT GROVE SPECIAL EVENTS DISTRICT - LIMIT NUMBER OF SPECIAL EVENTS HELD WITHIN THE DISTRICT - %;,° CREATE THE COCONUT GROVE STANDING FESTIVAL COMMITTEE - ETC. Mayor Suarez: Item 77. Now, isn't this... Vice Mayor Dawkins: No, no, these youngsters. What are these youngsters... Mayor Suarez: That's what they're here for. Isn't the issue here just carving out an exception for races somehow so that they don't get affected by the rest of the policy? ' — Commissioner Plummer: Mr. Mayor, can I put on the record, since... Mayor Suarez: I mean, I've gotten tons and tons of letters. They all make - - sense to me. Commissioner Plummer: So have I. And I guess, for some reason, I am the bad guy here... Mayor Suarez: You sure are. ". Commissioner Plummer: OK, who was designated by this City Commission, at the behest of the residents of Coconut Grove, to form a committee, to have !` hearings... Mayor Suarez: Yes, but really, without going into that history, the idea was that we had too many festivals. Did we also have too many races? -I'm not a_ sure that we did. Commissioner Plummer: OK, Mr. Mayor... �k is Mayor Suarez: We did have some complaints about a particular race... r, x .r: ,,. Commissioner Plummer: The basis of the formation of a committee which you asked me to head, which I wish to God you'd have never done... Mayor Suarez: I'll make sure I don't appoint you next time. Commissioner Plummer: ...and I'll make damn sure in the future I don't do it h� again, was the tying up of the residents of Coconut Grove. Mayor Suarez: You loved serving on it, now, come on. ¢ Vice Mayor Dawkins: You know you're fibbing. Mayor Suarez; No, seriously, that's why I'm saying, does it make sense to ,F carve out an exception for road races that take two hours...° x� Commissioner Plummer: OK, the answer,.. Mayor Suarez: ...don't create much of an impact on the community. They are the boat letter writers in the entire world. s (APPLAUSE) 198 July- 1;. s •• ! � - j�A�� �iaesr Sir •<J x �<..... -r". �*H t�oi�►issiolyes" l+lum�ser! �o e}ie`Mei'"a a . Mayor Suarags They have. Clothing also to do. I think they're very s wealthy people. �` i6 s .'> Commissioner Alonso: We have - Commissioner Plummer: To answer your question, you know why this Commission is suddenly forgetting that the residents of Coconut Grove came down here asking and demanding that they have relief. k Mayor Suarez! No, J.L., we were really thinking about these festivals that j leave an incredible amount of trash that impede the functioning of businesses '`. for many hours that stop the traffic for an entire day or two or three, rc etcetera. Commissioner Plummer: it was also the amplifiers of the running groups who got out there with these huge amplifiers... Mayor Suarez: That's true, we got a problem with the amplifiers. Commissioner Plummer: ...and they were tired of it. The people at the Condominiums on Bayshore... Mayor Suarez: That's noise control. t• Commissioner Alonso: Noise control. Mayor Suarez: We have a whole committee for that. F 1 Commissioner Plummer: He y, you want... look, you know, let ma tell you 1 something. You want to scrub the whole damn thing? OK? f Mayor Suarez: No, no, no... Commissioner Plummer: I'm telling you, now you go through those letters and I want to bring out one point to you. Better than 90 percent of those letters. do not live in the City of Miami and less than 5 percent of them live in Coconut Grove. Now, please, I want you to understand, I went forth and I ?` _ spent a hell of a lot of time doing what this Commission asked. I am not here to fight, I am here to do and give the results, even my spokesman, Fitzsimmons, didn't show up, leaving me out on the limb. Mayor Suarez: He knew better. Commissioner Plummer: To take the heat for all of this situation. Now, I've x` only given you the results of what this committee that you asked for, came r forth and recommended. You don't like it? Hey. r= Mayor Suarez: We're going to make minor modifications in your recommendations. Most of it made a lot of sense. We passed it, we adjusted the rates but, really, is there no way, Mr. Manager, Mr. City Attorney, to, differentiate a two hour race? Now it takes most people two hours... n Commissioner Plummer: Ahhhhhh! Mr. Odio: No, you can actually accept the running club. Mayor Suarez: This is the section of the agenda devoted to commiseration by z�h the Blues Brothers, as you can see. Crying and tears and all of that. All right. Any sense that we can carve out an exception for a two hour... Mr. Jorge Fernandez: So long as you're able to articulate a sound rationale for excluding any one group. AlV': Mayor Suarezt And that's what I'm asking you to do. Articulate a soundf i rationale for distinguishing. Mr. Odio: They run early in the morning. "° Mr. Faraaadez: I think that the best source for...199 c} Ts Mayor Sueree: Whey could do it withaut a, you know, an organised forreata They oould just go out there and run, I mean, it's - running is allowed any time. — Commissioner Plummars Not tying up the streets. Mr. Odio: But if you allow running, you have to allow bicycling. Mayor Suarez: The loudspeakers are a problem. And closing off streets, of course. Commissioner Plummer: The closing of the streets is what people object to, Mr. Mayor. - Mr. Fernandez: Correct. Commissioner Plummer: You have any number of condominiums here that when a race is run, regardless of when, you cannot get in and out of their place of residence. Mayor Suarez: No, but seriously and fairly, the complaint from the condominium owners was the noise. They're not up in the morning when some of� these people are... why do you race so early in the morning, anyhow?° — Mr. Odio: It's cooler. Mayor Suarez: I don't think that's good for you, by the way, but that's... Mr. Fernandez: Mr. Mayor, point of order... _ Mayor Suarez: ...that's another issue. Mr. Fernandez: Let me make you all aware of the fact that built into this ordinance is the following provision. It says, "The City Commission has the authority to waive or modify any of the above restrictions." Those above x,. u.- restrictions refer to what constitutes an event and who are the events. Which :; means that you're not precluding, you're not foreclosing any one event, be it a bicycle race, a pedestrian race or whatever. Mayor Suarez: But so that we can have a norm or a policy, what do you suggest so that we don't just have an ad hoc, you know, first come, first served type r-` thing. _ Alf: - Commissioner Plummer: Do I recall. that there is allowed, under their iz . provisions, one race a month? Commissioner Alonso: It's going to be too complicated. Mayor Suarez: Right, we want to have a nice... Mr. Fernandez: There are two events. Commissioner Plummer: No, they can have one event a month. Is that correct? ,y j Mr. Fernandez: No, the ordinance... Commissioner Plummer: The runners. Didn't we specify in there? {' Mr. Fernandez: No. Commissioner Plummer: You, we specified in there that they could have one s .; . running race a month... J � ,. Mr. David Deal: Mayor Suarez. Commissioner Plummer: ...in Coconut Grave. sr_ ,. 200 July 12 fi�gg^^ 71, . F � .x _ 6 Mayor guaresr All right, let's... apparently, we don't have an easy solution, sr,.. r: Mr. Deal: Mayor Suarez. Mayor Suarez: Yes, go ahead. Mr. Deal: Briefly. To answer Mr. Commmissioner.,, n- Mayor Suarez: Name and address first._ Mr. Deets My name's David Deal. I live at 2843 South Bayshore Drive. That's A:~ the Grove Towers condominium. One of two condominiums that's located on this course. I consulted with our board of directors at our board meeting this week. They have no opposition to excluding road running races from this. ' They've had no contact with Mr. Plummer or his commission. I'm sure it was an oversight, but of the two condominiums that are supposedly so affected, they, think it's fine to have the running races. They think it's a healthy event and it doesn't affect their access at all because Mary Street allows the access. I'm here on behalf of the South Florida Interprofessional Council because two of our members, the Dade County Bar Association and the CPA group puts on events in the Grove. We think they are good events, we think that they should be excepted and all running races excepted from the ordinance and it is just a very simple matter. Mayor Suarez: What is the problem then if... - Commissioner Plummer: This ordinance does not deny you to put on these races. All we're saying is, you can have one a month. Mr. Deal: See, that's the problem because in the winter there's only a few - months when these races are normally held. They were never a problem back in - 182 during the running boom. We had many more races. The problem is the language in the ordinance. All it has to do is except road races. Mayor Suarez: Are you not saying the problem is the money. Is that what the problem is? Mr. Deal: The money is no problem with us because it really shouldn't apply ` to us. We pay our fees through the police... Mayor Suarez: Well, if it doesn't apply, then there is no problem. We agree on that. But what is the problem why you don't want it to apply to you? The fee? Mr. Deal: The reason is, that is says it would limit the number of events 4 significantly and it would destroy our schedule, basically. Commissioner De Yurre: Mr. Mayor, can't we look at a grandfathering of what's there already stays there, and we avoid the proliferation of additional events. .f• Mr. Deal: This is just running races. Commissioner Plummer: There was a priority given to events that were there for a period of five years or those who had a direct relation to Coconut Grove. That's built into the ordinance. m Commissioner De Yurre: But, I think there is one was the Baby Boomers, only been around for about 3 years or 4 or something like that. .. Mr. Deal: That's correct, that's part of the problem. I don't pee any problem at all in excepting it... Commissioner Plummer: Excuse me, there's nothing to may that the Baby Boomers can't go now. All we're saying is that you don't jam it up in November, October and December. Spread it out over the year. 4 Mayor Suarez: Well, what they're saying is that these don't +cr*4te any particular problem of congestion or any of the other problems associated.with festivals. So, why don't we build somehow, a more general exception to tbs ordinance or just build them out of the ordinance? -1 don't know. 4 kW a� 201 July 17, 1990.:. }i i 177 .y> c 3 I Mr. beelt That's ghat we need, Mr. Mayor, and i think it's appropriate and if you look at these events and you think for a second about what a great service is prdvided the community at no cost and, in fact, revenue to the police officers for the off duty which we pay substantial amounts to put on these events. The Grove is the place to have theme it's a wonderful part of being in the Grove and it really should be excepted from this ordinance if the ordinance is going to be passed at all, if you want to... obviously, We not needed if the ordinance isn't going to be passed. Commissioner be Yurres How many road races do we have a year in the Grove? J. L....? Commissioner Plummert ...it does, that's what they're raising hell about. Mr. Mike Edison: There are about six scheduled road races now. - Commissioner De Yurre: And, basically, when do they run? Mr. Edison: Early morning. They are all early morning. - Commissioner De Yurre: Yes, but now I'm talking what time of the year? Mr. Edison: October through January, through April. Mayor Suarez: Yes, the only problem is that if you do it one a month, it does - sort of create a, you know, they just sort of overlap in the same month. All we have to do is just come up with a way around that and we've got the problem solved. Commissioner De Yurre: Well, I'll tell you... Mr. Edison: The way the ordinance is written, it allows for one street closure a month and that's where the problem is. - Commissioner Plummer: Let me defend the committee, if I may, Mr. Mayor. Mayor Suarez: All right, Commissioner Plummer wants to defend the committee. Commissioner Plummer: Let me defend the committee's thinking. Mr. Mayor, Coconut Grove is not the only part we have in town. We have Bicentennial, we have Bayfront Park, we have Moore Park, we have Comstock Park, we have West End Park. But, not one of these races are held in the other facilities. Everybody wants to pick on Coconut Grove. �_— Commissioner Alonso: Because it's a nice place. Commissioner Plummer: It's a nice place but you have to think that if you lived on one of those streets in Coconut Grove, that your peace and - tranquility is upset. Now, hey, you all do what you want. Mr. Deal: Commissioner Plummer, of the 30 events that the Miami Runners Club produces in this community and there are many other events as well, only 3 of our events presently are scheduled in Coconut Grove. We do use other facilities throughout the City and County. Commissioner Plummer: What other facilities do you use in the City of Miami? Mr. Dealt We use Bayfront Park for Carnival Miami. Commissioner Plummer: Carnival. Mr. Deal: Yes. Commissioner Plummer: Race? Mr. Deal: Yes. We use Bayfront Park, you have the Manufacturers Hanover. a Commissioner Plummer: OK, OX? There are other groups, that's of your group. But there are other 8'oupe Y', Mr, Deals The t#niverai:ty of Miami uses the Park downtown MiaAd , 9eh Marti X' Park " Mayor wares:the f6otival, a i q Ctlaf Issioner Plummer: Heys, I'm trying to defend the committee. SP - Commissioner De Yurre: Joao. � — Mr. Deal: The Jose Marti Park. Commissioner De Yurre: San Marti is somebody else. Mr. Deal: We got it. Mayor Suarez: The chairman of the festival policy committee should be made to run 10K's on ever Commission Meeting da y g y • ` (APPLAUSE) Commissioner Plummer: Say what? Mayor Suarez: Before or during the day of the Commission Meeting, it doesn't t matter to me.,' Commissioner De Yurre: Yes, run it all before, not during. Commissioner Plummer: Mr. Mayor, that is definitely a conflict of interest. "} I'm a funeral director and I don't want to die healthy. Mayor Suarez: We'll build in that we'll bury you too at the end of the whole >= — process for free. It won't be... Mr. Deal: If I could make a recommendation and that is, if there are facilities within the City of Miami that the Commission would like to see more actively utilized... Mayor Suarez: Try anything... Mr. Deal: —possibly create some incentives with the promoters of events that are presently in Coconut Grove to do events outside the area. A ". Mayor Suarez: Well, the incentives we're thinking of building in is just not allowing any more, so saying, basically, you have to go somewhere else. .z Commissioner De Yurre: You know, Mr. Mayor, I'll just... �.. Mayor Suarez: But we'd like to take care of your problem somehow, so let's see if we can do it. I think there's a Commission majority that wants to do ; that. { Commissioner De Yurre: What I would like to do is, is just to propose that, you know, we grandfather in what's there now and keep it at that. a Mayor Suarez: And as to additional ones, do you want to try to restrain them , to an additional one on any month in which there is no other race? Which is: what the... ' Commissioner De Yurre: Well, any new ones would have to come before us. y, Commissioner Plummer: Victor, that's not the problem. OIL? Let me tell you, un... Mayor Suarers Under the guidelines, which prescribe one per month. Commissioner Plummer: ...wader the now guidelines, we don't have as Saany festivals as what the guidelines provide today. Under the guidelines, it. - would be two a month would be 24 a year. We thought there were a lot more and ;.`. found out that there are actually only 19 or 20 festivals, but it's the, -_ bunching that is the problem. To say that you're going to Srandfather` in, says nothing unless you say that you're going to grandfot <er = 7' 0? because we have less festivals than what the comeitt�re s�4ecrpe a.+1R F.ts _$ the idea they're all together in the same time period. That's the psxpRtl+.;� 20 -JiA .f4 =- Comissioner De Yurret It's just like We have our touriat season thit particular time of the year. it's, you know, everything... during the summort I don't think we have much of any activities going on. You know, the thing- Mayor Suerezt is there any month right now, where... _ Mr. Deal: Do we really want to restrict wholesome family activities... Commissioner Plummert No, sir. Mr. Deal: anywhere? Commissioner Plummer: No, sir, not anywhere, but not all in That's the point. Mr. Edisont The police, through their scheduling, limits the number of events and when they're going to be held and also the competition between events. You don't have two on a weekend, that sort of thing. Mayor Suarez: Aren't they almost always Saturdays and Sundays? Mr. Edison: Yes, Saturday or Sunday, but not both. F: S L_ 7�— Mayor Suarez: Or a holiday. Are they ever on a working day at all? 1 Mr. Edison: No. Commissioner Plummer: No. - Mayor Suarez: So, you have no problem with interruption of commuter traffic. You know, this is a non problem, really. I mean, let's solve it by some kind of a... Mr. Edison: Except it from the ordinance. Mr. Deal: This is excluded. ( APPLAUSE ) Mayor Suarez: Some kind of an exception, if you can fashion one, Mr... _ Commissioner De Yurre will try anything at this point, I think. r . , Commissioner De Yurre: Well, you know... t_il Mr. Deal: Why don't we hand one out that we think that would satisfy the purpose. Commissioner De Yurre: Now, we can start using El Prado Boulevard for some of these events. Mr. Deal: But we come in here at 8:00 o'clock, we have children, we have people in wheelchairs, we're gone at 9:30. The whole race is usually'a half an hour to an hour and we usually leave the place cleaner than we find`Lt.We park down here in the parking lots on the street, we block, maybe, one road for 45 minutes and all we're asking is just to be excepted from this ordinance. T Mayor Suarez: Well, some restriction probably could always be built in so if M� you want to try what you were proposing before... Commissioner De Yurre: I'il propose to keep the status quo and anything that's additional to start filling in other times of the year. Mayor Suarez: And, then, if that's still doesn't do it, you can always cotes back and ask for more under the guidelines proposed. Commissioner Plummer: Say again. What was his... Commissioner Pe Yurre; Keep the status quo and anything that copes iD additional starts filling in the other parts of the year that have the vofd.g. Y 204 July 1 -21� ► F a 'F s'• y, �.#zcBi n r x >' .1 Z y .. Naylor guarea: In effect, wore allowing a bunching up towards the and of the year, toughly six and... 3 t Commissioner be turret Up to the 24, until we get to the amount. ram.. g Commissioner Plummer: All right, then, let me ask this question for elarifteation. If, in fact, today we have two that apply, let's saq in Rovember, prior to their application... Commissioner be turret hell, what's on an annual basis stays there. £` F, r Mayor Suarezt Yes, the ones that have been stated before on an annual basis, are built in approved by the new guidelines. And then any additional ones = ;' have to be on a one per month basis, only in months in which there are none right now, right? Commissioner De turret That's right. Commissioner Plummer: No, well there's many months in which there's two, three, and four. °x Mayor Suarez: Well, you couldn't add any in those months and any other month, _ you can only have one is what you're proposing, right? Commissioner De Yurre: That's right. z Mayor Suarez: That's your guidelines. Commissioner Plummer: Yes. Commissioner De Yurre: Yes. Mayor Suarez: Except it builds in the grandfathered ones in. That's a compromise, you know. It's better than... Commissioner Plummer: OK, well what about - all right, now what about the impact fee to keep up... Mayor Suarez: They have said that that's not really the big problem. Mr. Edison: It's not a big problem because it should be excepted from the . ordinance. Mr. Deal: He's only speaking for the runners. Commissioner Alonso: Well, these people are saying that it is a problem. :. Mayor Suarez: All right, Mr.... t Et Mr. Deal: Excuse me. - Mayor Suarez: Before we get too much into the discussions, I know what they're going to say. They're going to say that you don't have that kind of {' an impact, that you shouldn't have to pay that, that you actually leave it cleaner than you start... Mr. Deal: OK, we're... Mayor Suarez: Wait a minute, wait a minute, wait, wait. Mr. Manager, Mr. City Attorney, if we had a sliding scale that somehow took into account the a fact that they only are there for a very minimal amount of time, they're always on holidays, never commuting time, they don't interrupt any businesses and if they don't use megaphones or loudspeakers, they shouldn't oven be h noticed by normal people that wake up at a reasonable time. Couldn't we reduce the scale somehow so that it would be quite a minimal fee? w I thank that first of ail, I n Commissioner De Yurre: Well, there can't be,., ; think there's a concept here that a lot of these monies go to charitisa aild think we've got to think of the City of Miami as a charity to some deg�re+a also.July 12,9 ,;r, any �' i i vy b zs 4 Cog"Isaioner flamer: dell, that's not true. They're not giving the mon6y to oharity. Us are, go, we are, u Mr, Nixon: Mr. mayor, very briefly... Commissioner Plummer: If we waive their fees, we are. 4�= Mayor guares: That argument is the worst one he used, let's give you that caveatj because we think we're a charity here, you know. - t A Commissioner De Yurres That's right, and we need some help too.- Mr. John Connor: Mr. Mayor... y a Mayor Suarez: The thing is, they just don't have that much of an impacts y- Shouldn't we distinguish - can't we distinguish them from festivals somehow so that the fee be on a differential basis at just a minimal amount? I mean, it doesn't have to be a large fee. Mr. Connor: Mr. Mayor, my name is John Connor. I'm representing the Dade - County Chapter of the Florida Institute of CPAs and I have with me Twyman - Bentley who is the president of the National Association of Black Accountants. _ Commissioner Plummer: Your address, sir?- Mr. Connor: Two So. Biscayne Boulevard. Commissioner Plummer: That's your home or your office? Mr. Connor: That is my office address. Commissioner Plummer: And your home address? Mr. Connor: 910 Algaringo Avenue. Commissioner Plummer: That's not in the City of Miami. Mr. Connor: That is in Coral Gables, air. Commissioner Plummer: I thought so, yes, sir, go ahead. Mr. Connor: The purpose for my asking... Commissioner Plummer: Do you run in Coral Gables, sir? z Mr. Connor: I run in Coral Gables and in Coconut Grove. Commissioner Plummer: No, sir. Do you have races in Coral Gables? Mr. Connor: Yes, sir. Commissioner Plummer: How many? UNIDENTIFIED SPEAKER: Yes, we do. Mr. Connors We have at least two that I participate in, air. One is at the University of Miami on the campus and another one is around the Biltmore. Commissioner Plummer: Oh, on the campus, but not in the streets? $4 Mr. Connor: In the campus area. It is on the streets. r. ij Commissioner Plummer: OK, go ahead, sir. 4 Mr. Connor: Mr, Mayor, the reason why I asked for recognition is because of the point with respect to community relations and contributions. For, than first time this year, our groups put together what we call, the first Annual «f CPA 1040K and Work Paper Walk, It involved more than 600 participants, Voich we thought for the first year was a very, very successful event, it fires staged on April 14th, which coincided with the conclusion of the tax season. It included participation from the local CPA groups, from the local xunnpr., r� from the National Association of Black Accountants..„. fr 206 JOY tin-�rrl�� } kr u^5 4 E iti Commissioner Plummert Next time you heed up the committee. 1 spent a hundred hours on this damn committee. 1 spent a hundred hours trying to put something together. Mr. Connort ...but the key point that I'd like to make is that it generated $2,000 in scholarship funds and those scholarships memorialized Lou Davis, who was the first Black CPA in Dade County, and those funds are being used to fund the scholarship for minority students to State of Florida institutions. My only point, ladies and gentlemen, is that some of these events, many of these events, riot only bring together wholesome family activities, but also bring together the community in a community relations aspect and also provide _ benefits to potential future accountants and business people that otherwise may not have that opportunity. Commissioner Plummer: And you're saying, if you race somewhere else, that mould not occur? Mr. Connor: Sir, it has been clear to us, from our sponsors, that we would not attain the level of participation in future events, if that event were held outside of the Grove. Commissioner Plummert I wish some of the residents were here who - Ted... UNIDENTIFIED SPEAKER: I am a resident. Commissioner Plummer: ...I want to hear from some of these people who came: down here an.i screamed at me before and screamed at this Commission. You know, I feel like I'm out here on an island somewhere. UNIDENTIFIED SPEAKER: You are. Commissioner Plummer: I am? UNIDENTIFIED SPEAKER: Prior to leaving the runners, can we get a word on the festivals? Mr. Twyman Bentley: If I may, please. I'm Twyman Bentley and I'm president of the Greater Miami Chapter of the National Association of Black Accountants. I am a resident of Coconut Grove, I reside at 3340 Florida Avenue and I have been residing in Coconut Grove for the past 31 years. I grew up in Coconut Grove. The proceeds of this race honor another Coconut Grove native, Lou Davis also was born in Coconut Grove, raised in Coconut Grove, graduated from George Washington Carver High. I do not feel that this race should be precluded from any provisions of this ordinance and I also feel that the proceeds of this race, as John had mentioned, it goes toward promoting two goals that my organization tries to accomplish. One, that is to promote opportunities for Afro-Americans in the accounting profession. Two, one of our other goals is to encourage and insist minority students to enter the accounting profession. The proceeds of this race will go exclusively for funding scholarships to minority students. Commissioner Plummer: That's great, sir. I don't have any problem with that. Mr. Mayor, just for the other side of the coin, I would ask some of the people who came down here originally be heard. I think it's only in fairness that they be heard. They are the residents and they should... c Mayor Suarez: OK, I've got one hand raised in response to that, maybe two. Would you guys come up and give us your view, Ed and Ted? Mr. Ted Stahl: My name is Ted Stahl. I live at 3171 Royal Road and I have a business on Commodore Plaza at 3120. A resident of the Grove for 52 years. This is my home. I am all for festivals, always have been, but they are just getting a little out of hand and I know that all these people want to come to t- the Grove because it has become very} popular, but they don't live bore 1,n the Grove all the time to witness the destruction within, outside the boundaries { that the City requires these people to be responsible for. } Mayor Suarez: Remember, we're dealing with races now, road races and. not festivals. We know that we're not going to change that in any way... s j 207 July 12, i i1i3. V- xgrYFI Sy S i �� tm� eJ w. y _- a Mr. gtahls All right, all right.. Weil, I'm here for the festivals, totally] not just the racers: I... s Mayor Suarez! All right. w Mr. Stahl: I don't object to the racers, but I believe that you can give us k- into this community, some of your profit instead of giving it all back to your organisation - wait a minute, sir, you've had your talk. Let me talk. you cloth up the streets... �w Mayor Suarez: Why don't you address the Commission, Ted? Thank you. Mr. Stahl: I'm sorry. When you have your races running down Main Highway, I go out in my car on a Sunday and pull down all your arrows showing where the " race goes all the way down Douglas, which is a historic drive, all down Douglas. We pull off the signs. We pick up your paper cups for weeks. Now, don't tell me you clean out everything because you don't. Not only this festival, all of them. Mayor Suarers OK, there are some situations where an impact is had and we're —_ going to have to make sure that if we otherwise achieve a solution here, that there is no negative impact such as waste or anything. You say that you leave them cleaner, we're going to have to make sure that that is the case. And that includes the arrows. Mr. Deel: There may be other races, but the races that I've been associate with, including the Law Day Run, we spent $3,000 for police for one morning a for a few hours and this is a fee that we paid to the off duty policemen intk order to have the event. Mayor Suarez: Well, that... Mr. Deel: It's coordinated through the - and every event I've ever had anything to do with, there was nothing left on the ground. Mayor Suarez: That covers, presumably, the need for police protection, but it doesn't really leave anything with the City, which is what the ordinance was meant to try to... - Commissioner Plummer: I'm yet to see a policeman going around picking up cups. Mr. Deal: Right, they don't, but we do and you should see - come out - I invite Commissioner Plummer to come out and take a look at one of these races, the Law Day Run... Mayor Suarez: All right, no... Commissioner Plummer: That's your race. Mr. Deal: ...or any of these others and you'll see that it is totally cleaned up, cleaner than it was when we get there. (APPLAUSE) Mayor Suarez: All right, any new suggestions or ideas so we can try to get out of this? Commissioner Plummer: There are others... Mr. Kelly: Well, we're still want to hear festivals. S Mr. David Carringtons My name's David Carrington, I live in the drove, 4095 La Playa Boulevard. I'm a runner, I support running, there's nothing better. I've run in races everywhere. I started running in October...; Mayor Suarez: The Manager takes issue, he likes rowing. -` Mr. Carringtons I started running in October, I've done 30 races. Six of ' them have been in the Grove, three in Coral Gables, a couple in South Nisqi and Kendall, Miami Lakes. We have races everywhere. Why do we come to the 3��6 Grove? Because we have shade. Where can you run under tree cover for SIX miles? We want to stay in the Grove. 209 July 120 Nmi jr }{ 4' tAfPt.A138K) C -o Mr, Christopher Xellyt M my films is Christopher Kelly, I live at 1211 RA. I'm herb behalf of the Greater Miami festival Association 00th Street. on ohioh I to president of, There are 50 different organizations that oostprise r the Greater Miami featival... .Y.r Mayor Suarezi The Greater Miami festival Association. } Mr. Kelly: ...Festival Association. ' Mayor Suarea: How did you let that happen, J.L.? Commissioner Plummert I don't know. Who are they? 3 Mr. Kellyt No, they, we... Commissioner Plummart Where did you come from? Mr. Kellyt We're here in Miami. Commissioner Plummer: When were you formulated? Mr. Kelly: Let's see, about five years ago, six years ago. We have these brochures we publish about this. Mayor Suarez: I think the catalyst for the creation of that was the committee that we put J.L. on that. _ Commissioner Plummer: No, I... Mayor Suarez: Another beneficial side effect. Commissioner Plummert We never heard of you, sir. Mr. Kelly: Yes, well, we've been in existence for five, six years. This year - we're bringing the International Festival Association to Dade County. There will be over 700 delegates from the United States, Canada, Europe, we even have a delegate coming from the Soviet Union this year. Commissioner Plummer: Are you a private company? Mr. Kelly: It's a nonprofit organization. ,r Commissioner Plummer: By design or intent? 3- Mr. Kelly: By design. Mayor Suarez: Or effect. Mr. Kelly: By design. We were... Commissioner Plummert And who do you represent? I mean, besides these organizations? Mr. Kellyt That's it, that's our sole thing. We have 50 different organizations ranging from the Goombay Festival to the Exposition, Scottish Society, the Germans, the Irish... , t Fes, Commissioner Plummer: Have you ever heard of them? Mr. Kelly: Yes, they have there between Latin Orange Festival. Here are just some of the brochures, since you've been lacking. Mayor Suarez: Did you give input to the committee, the festival committee? .fi 44 Commissioner Plummer; I don't think they gave input because I don't think we knew about them. i Mr. Kelly: We were not approached... E� z 209 JWiy i $y�, I 9 C6 issi6uer Blu► her: Mr. Mayoti just for the re66td, we gave it:put, eta Bawd invitations to all Organizations which use the Gtdve presently. Mayor Suarez: Which presently have - OK, stage festivals or activities.- r Commissioner i'iumnaer: OK? The Banyan Festival, The Taste of the drove, the Bed Race. All of those people - the Coconut Grove Arts Festival = they all had the right to come before this committee and they did. They filled out a r questionnaire. Mayor Suarez: OK. What is your posture or your proposal?_ Mr. Kelly: OK, well, I'm the president of the Greater Miami Festival, we work with the Council of Arts & Sciences, they the grants. We've, like I said, 50 organizations, about seven of them either based or participate use the Coconut Grove area. Our position that the impact fees and the restrictions would be a stifling effect. We've estimated that 36.8 million dollars were spent by the festivals in Miami, not including the major, major festivals such as Coconut Grove Arts Festival, the Orange Bowl, Lipton, Doral, and we think to impact this without doing further study on this would be cause, give a wrong projection. Mayor Suarez: Remember, we did engage in a sort of a trade off analysis where we ended up reducing the fee to half, what had been proposed. I believe input was taken from most of the existing festivals... Mr. Kelly: Many of the organizations are nonprofit organizations and do not, they survive, they try to make a budget every single year and get to that one, raising funds, even come to the Commission asking for assistance. Therefore, to also charge them additional impact fee would mean they had to raise the requests to you in order to just hold the event. And by charging these fees, may cause a cancellation of the event or maybe may move some place else. Mayor Suarez: OK, but we reduced the proposed fee by half and that came from the recommendation of the committee. Are you proposing no fee at all, do we reduce it further, or what are you proposing? Mr. Kelly: Yes, I think that - I guess it has to be on a case by case basis. Mayor Suarez: We do have to create a disincentive. We do - I think everybody's mindful of the fact that we want to create some disincentives, some impediment, to having more and more and more festivals. Otherwise, how are we going to discriminate? Are we just going to grandfather in the existing ones or what? J.L. says that the policy, as set, not counting the ._ fee, would allow all of the ones that are presently being staged in the Grove, I think._ But there has to be some way of distinguishing future ones that want? to come in and that was part of the effort too. Mr. Kelly: Right. Which part of our organization which is... Mayor Suarez: It could be a moratorium, yes. Mr. Kelly: ...is to - you know we tried to complement the ones so they do not compete with each other same weekends to coordinate it so, therefore, you maximize your efforts and so we try to do it on a voluntary basis. Mayor Suarez: Yes, but remember, when you're concerned about not having them on same weekends, overlapping on the same weekend, that, to the citizens of the Grove, that means 52 weekends a year. I mean, it's a.... ,45 Mr. Kelly: Well, we're not proposing 52 events in Dade County, they are .in Coconut Grove... Mayor Suarez: But, your coordination is able to accomplish not having .two a weekend, but if it can't do better than that, if we still are subjected to the possibility of 52. Mr. Kelly: Well, all our events... Mayor Suarez: So that system, by itself, is just not even.,. fit$ Sip duly It a t Mr. kellye Ve11i All of our e+$#fits are note We're Countywide and we try to coordinate the efforts go they're not the same weekend there. go, therefore, .' you do participate. Mayor Suarezt to the entire County, I see what you're saying. All right. . Mr. Kelly: go, we do not re... Mayor Suarez: Weil, what do you propose that we do? Are you trying to gay that you don't any... Commissioner Plummer: to that how we got the five major events on one weekend? -through your coordination? Mr. Kelly: No, I said the Greater Miami Festival without those. They have their own budgets, their own people and they don't - we're the smaller events. Commissioner Plummer: Yes, but are you - let me ask a question. Are you taking credit for such things as Calls Ocho? Mr. Kelly: No, we're not taking credit for Calls Ocho. Commissioner Plummer: Well, it's in your brochure. I mean... Mr. Kelly: Therefore, we do - it's a service. Commissioner Plummer: Actually, what you're doing is publishing a book that says when festivals are. Is that what you're doing? Mr. Kelly: No, that's not what we do. We have monthly meetings which we go ahead and coordinate these efforts for these people starting out new festivals, trying to give them guidelines, they cooperate... Commissioner Plummer: Obviously, you don't do that in the City of Miami. Mr. Kelly: No, we have, several of our members are in the City of Miami and they do, they participate. The City of Miami sends representatives to our meetings. Commissioner Plummer: We send representatives to their meetings? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: I'm sorry? Mr. Kelly: Hopi Avalos. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Kelly: And, therefore, try to coordinate. We often teach the new festivals what procedures they have to go through to get the police, the street for closures to coordinate the efforts. Commissioner Plummer: Yes. Mayor Suarez: OK. We're going to have to - you know, we had an extensive discussion of the whole issue of the festival policy committee's director* of the Coconut drove Chaftiber of Comerce have met. And it is their opinion that the 25 percent impact fee would be detrimental to the ekisting - festivals in Coconut Grove and to the business sector. There festivals bring hundreds and thousands of people to Coconut Grove each year. This, in turnd,s Commissioner Plutmeer= Soy, you are going to have a mans of residents dorm here. Me, Narons ...generates a large amount of revenue for our merchants. While the. Chamber does not support the impact fee, we do support the idea of a festival district as long as the boundaries are extended to Douglas Road. The ' Chamber of Commerce serves as an effective forum for communication for all of Coconut Grove. With the blessing of the Mayor and the Commissioners, we will create a festival board composed of all existing planned festivals for Coconut Grove. We will find a solution to this problem. We believe that with the combined energy and resourcefulness of the people who have created these — wonderful festivals, that through the Chamber, we can resolve the situation 1. - quickly and we would like to report back to the City Commission within 90 - days. (APPLAUSE) Ms. Mary Webers Sir? - Mayor Suarez-. I just sort of sighing, whispering, making any kind of noise, but constructive one, at this point. Does anybody have any suggestions what _ to do here? Do you want to make a statement, Mary? Ms. Webers Mr. Mayor, my name is Mary Weber and I live at 3900 E1 Prado Boulevard in Coconut Grove. Coconut Grove is a very popular place to be. I'm - glad that we switched from the first topic of the runners into the festivals because the problem with the runners is that you're creating special categories and how many other special categories... - Mayor Suarez: Doesn't it merit a special category? Isn't it different kind of a thing altogether from a festival? Ms. Weber: If there are people that are impacting on the Grove manner, I don't believe there is a difference. Mayor Suarez: All right. OK, anything further, Mary? Ms. Weber: The Coconut Grove Civic Club believes very strongly that impact fees must be imposed and can be taken as a percentage of the gross from these festivals. For anybody to consider that the Chamber alone would be allowed to report back to you insofar as you're making a decision regarding this item, is: unbelievable. And the Coconut Grove Civic Club requests that you Commissioners and Mayor Suarez, take our recommendation of either Leslie Lilly or Cynthia Shelley or Ted Stahl to be on a committee that would be formed for these purposes. Co.missioner Plummer: You're aware that this ordinance contains a committee appointed by this Commission of five members who will do what the Chamber is asking to do and I assume that all that is doing is just an alternate to what this Commission would reserve its right to do. Ms. Weber: It would be my hope and the Coconut Grove Civic Club's hope that the committee that you would form would be a well rounded representation of groups and citizens throughout Coconut Grove; business people, residents, the black Grove, the white Grove, homeowners groups, to give a valid v: representation. Commissioner Plummer: That was the feeling of the committee. Mayor Suarez: Our appointments, when we make them, by the format that we're going to use are so well rounded sometimes they're actually off the wall, some of the members, you know. So you've guaranteed that you're going to get almost every possible input. All right, that's it. Mayor Suarez: Do we have any constructive proposals here that..,? 124 1990 _75 Mr. 8tahit "fee# right hare. We keep saying impact fee. It just sounds like a dirty word. What I'm trying to say here, as a resident and a merchant that lives here and pays taxes, I don't think there's anyone in this room that is .- against festivals. All we're saying is that every time that these festivals come into our community and make use of our community because it is a popular community, that's fine. But when they leave, what do they leave behind them? This City of Coconut drove that is so popular still is waiting for trash receptacles. It took me three years to get the lamp posts painted because I raised so much hell. We have no decent park benches. We have no landscaping. Now, if every single organization that comes into this community, makes use of it - let's forget the word impact fee, let's forget the word fee, let's have a pot of gold. Into this pot, the runners put a thousand dollars, they make ten. The Arts Festival, they make a hundred thousand, fifty thousand, twenty- five thousand. Give us a little into the pot. Now, let the pot not be regulated by the City of Miami because we're still waiting for trash receptacles that we've been promised for eight years. I don't trust you all anymore. You lied to me. So, what I'm saying is, put the money into the pot. Let a member, elected from the Arts Festival be on this board. Let a member - of a residential organization be on this board. Let the Chamber of Commerce have a representative businessmen on this board. Let one black resident be on the board, one white resident. Let these people decide what to do with the money because those are the people that know what this City needs. Thank you. - Mayor Suarez: Thank you. Ms. Marianne Voss: Mayor, if I might. My name is Marianne Voss. I live at 2905 Bird Avenue in the Grove and... Vice Mayor Dawkins: Pull the mike up, please. Mayor Suarez: You could just pull it a little closer to you, please. Ms. Voss: You asked if anybody had any construction suggestions. I do. It's to simply except the running and athletic events from this ordinance altogether. These kids here aren't going to generate funds that are going to go into a pot. Their school probably helps provide their entry fees. Mayor Suarez: What is the maximum length of all the running events that we are dealing with? Can anybody give me a... Ms. Voss: Length and time? Two to three hours maximum. Mayor Suarez: OK. The maximum would be three. I would certainly support a motion that would leave out any running events that has all the other characteristics that we've described including the noise and you pick up all the trash and everything else that takes less than three hours or less, I'd have no problem exempting those. Because it really doesn't fit into my concept of what a festival is, particularly since all of them, in fact all of them so far, we've ascertained, are on non -commuting days, non -commuting hours. Ms. Voss: That would be wonderful, most running and biathelon and triathelon events could be done in three hours and that would take care of it. And if they... Mayor Suarez: OK. That doesn't solve you know, what they are concerned about over here but I understand... but I would vote for that, if you... Ms. Voss: But that's a different issue. Then all of these kids and everybody can go home because they don't have to worry about their events, they know they're going to be able to come to the Grove at least a minimum number of times a year. Commissioner Plummer: I would like all of you people to know what great fun I had in this committee. Mayor Suarez: We are experiencing that. Commissioner Plummer: A hundred hours on this. Ms. Voss: Show up at the next race and we'll show you a lot more fun. 213 July 12, 199i IN fi` L,. 7 0 Mayor guaraat feet me suggest on that particular point that WO entertain a moti6t that Mould do precisely that, on any running events that take three hours or less, and subject to the other provisions including, of course, you pay for all the services and that you leave the City in no V eoiidltion, as far as trash or anything like that than you found it, and Boise ordinance and all that, I would be inclined to either exempt altogether from the ordinance or exempt all the existing ones and then 1 additional ones to one per month. Ms. Voset I like your first suggestion better, exempt them, altogether. Mayor Suarez: I'll try either one just so we can get that resolved, Ms. Vosst Yes, Commissioner Plummert Is that the one that is here presently? Me. Voss: Igo. Commissioner Plummer: All of them? Mayor Suarez: The first suggestion would exempt them, the second one would allow the grandfathered ones in and build in only an additional number to be on those ones where we don't have any one per month. Which is what F Commissioner De Yurre was inclined to do apparently. You want to make that in _ the form of a motion? Me. Voss: But you're not, you don't have the whole year for running events. You see, festivals can come and go any month of the year except for the heat but runners are... Mayor Suarez: But let's try for what's practical, we've got to try for what's practical around here. You may not... Me. Vosst But what also is practical is, you're going to say if you could have one a month, then you have to throw a race in August and nobody is going to come out and run a race in August. Mayor Suarez: We're going to also allow all the existing ones. Commissioner De Yurre: Mr. Mayor, if we -can't please them at all, then we'- might as well go back and be as strict as we want to be. Mayor Suarez: That's the problem, you see. 4, Commissioner De Yurre: And to heck with it. You know, let's work togetherf folks, OK? Mayor Suarez: OK. You want to take alternative two, Commissioner, and build that into a motion so we can get that out of the way? Commissioner De Yurre: We're talking about grandf athering in the existing events. Mayor Suarez: And allowing so many as... Commissioner De Yurre: And up to the twenty-four limit that we had? Mr. Fernandez: You mean running races, not events. You mean races. Mayor Suarez: Right, road races. Commissioner Plummer: You're allowing twenty-five running races? Commissioner Alonso: He is not talking about festivals. Commissioner Ds Yurre: twenty-four events. Going to separate it?... No, no. We're talking about Commissioner Plummer: Total? That's including festivals and bicycle races, everything? 214 Je iY 1Z 90 k i P i • Comissioner be Yurras We have nineteen right now according to you. - Cissioeer Plummer= I think it was nineteen or twenty, yes. Cotnteisaionar De Yurrel OX, So that's it. you're doing it... Mr. Fernandez: Not subject to the fees. Commissioner Plummer: They are not subject to the fees? Commissioner De Yurre: No, no. I'm not into the fees, I'm not there yet, OX? I'm just talking about making sure that the events are in place right now on an annual basis, remain in place, basically the same dates that you have, you're going to maintain those dates annually and any additional ones that come in would be up to cap at the twenty-four limit that was set by -the committee and those would be fillers, the additional ones would be fillers in the months that, one per month, and those months that we don't have the events. Mr. Fernandez: Commissioner, point of order. I've... following your discussion or their presentation, that has never really been the issue, grandfathering the existing events just for the sake of reserving dates. - Their grandfathering, my interpretation goes, to being exempted from the fees. Commissioner De Yurre: No, no. Because originally the concept was having two per month and there are some months, you have more than two events. So we're 1 '— going to maintain it as it is. Mr. Fernandez: OK. So long as it's clear. Mr. Deal: It's not clear, these are running events we're talking about, separate from any other special events. Commissioner De Yurre: But I'm talking about... your event, which is your event? Mr. Deal: Law Day Run and the CPA's Run and all these other running events - have nothing to do with this ordinance for special events. Mayor Suarez - correctly pointed out a three hour street closing for a morning running event - should be exempted from this ordinance and that was his proposal. Commissioner De Yurre: No, no. That's not it all. Mr. Deal: That was his proposal. Mr. Fernandez: But that has not passed. Commissioner De Yurre: OK. Those are suggestions. Mr. Fernandez: Yes. Mr. Deal: Right. He invited you to make that motion. _ Commissioner De Yurre: And I'm making a motion which is my suggestion and if it gets a second, we'll see what we got. Mayor Suarez: All right, what's your motion? Commissioner De Yurre: My motion is, to grandfather in the events that we have nowadays, any additional event that would come within the twenty-four event cap are to be spread out to months wherein there are no events. You know, try to spread it out over the year. Commissioner Plummer: In other words, let me understand. What you're saying is, if "X" month, November, has two events presently, no new festival or anything can go into Coconut Grove during that month. Commissioner De Yurre: That's right. Commissioner Plummer: I think it was more than two events in any given month. only three months in which there were 215 ,duly 12. 4990 r; 7rif r' `x'� s srs - y 0411 U_.v' Mr, yernandest And now, by his motions those &to grandfathered in and they could stay. Mayor guarest For existing events. Mr. Pornandezt And they could stair and those three months, three events. Y Commissioner De Y'urres That's right. Mr. hernandezt I understand you correctly then. Commissioner be Yurret Great. k— } Mayor Suarezt OK. That's in a form of a motion. Now, assuming that this is .' the only motion that can pass here today, presumably, that solves a lot of x— your concerns, doesn't it? - Mr. Dealt No all Mr. Mayor, because he doesn't address the running events being exempted f rom this whole ordinance. It has nothing... you know, the =_ temporary street closure for running of races has nothing to do with this special events district. Mayor Suarezt And the reason that you would like them to be exempted now, ~- because this motion does take into account, at least all the existing ones, is you just don't want to pay the fee, the fee is a prompt too. — Mr. Fernandez: Correct. — Mr. Deal: That's correct. Because the Law Day Run, for example, lost money - and the Dade Bar our volunteer organization put the money in... - Mayor Suarez: But, you don't have an idea... Mr. Deal: ... we had First Union Bank and the police expenses, just, it's i� simple mathematics. ' Commissioner Alonso: Can we take both separate, money and this? r Mayor Suarez: Yes. I have an idea. Let's see if this passes and then let's talk about rates for a second. It may be that there may be a differential- :. rate for running events that will pass here. Mr. Deal: Mr. Mayor, you have to understand. Three thousand dollars for a _ police with five hundred runners is six dollars per entrant which is the total, entry fee. If we didn't get other sponsorship... r" Mayor Suarez: And we're talking about another twenty-five percent additional _> which is the way that the ordinance has read up to now, maybe we'll modify that and reduce it further for less than three hour events. Mr. Deal: Running events have nothing to do with festivals. Nothing at all. lzx: tr. Mayor Suarez: I agree with you but we don't have a consensus on it. s Commissioner De Yurre: You're an attorney or a CPA? <' Mr. Deal: I'm an attorney, Mr. De Yurre. I know you're an attorney too. w Commissioner De Yurre: You sound like one.a Mr. Deal: Right. I understand you're an attorney. _ Comissioner De Yurre: I would suggest that where we have events that don't make money that we don't hit them for the extra twenty-five percent. ". Mr. Deal: That's fine.. f Commissioner De Yurre: They cover, you know, they do pay the amount that y �Ar they've got to pay. E 210 ju1y l,i, 1#90 Y q PIT* Jk C ni ic�n�er Plute�ear: The reason that they don't snake money is their ¢ e6atontiwi in the 66mittoo was because they give their money to charity. Comissioner be Yurre: No, no. it it's there, before it goes to charity, it goes to this charity. `— Commissioner Plummer: OK. but you see, that's not their point. R, t t Commissioner be Yurre: We11, that is our point. &, Commissioner Plummer: Everyone of those will tell you, as they've told this committee, that they give any where from to ten to twenty-five thousand dollars proceeds from this given, whatever it is, race or festival or what, to ^ a charity. �4 Mayor Suarez: To a worthwhile charity. We're going to get into this in a second. I'm going to just take this motion as to the issue of existing festivals and then let's talk about rates in a second, maybe, we can could make some further changes, maybe we... Mr. Fernandez: Mr. Mayor, to clarify the motion a little bit further, if you're grandfathering events, for example, in three months you have three events each month, you cannot then also on top of that, cap it to twenty-four x',`_ events because then there will be months arguably where no event will take place. Mayor Suarez: Cap it to no more than two I think, was the intended motion per month... - Commissioner De Yurre: No more than two. Commissioner Plummer: Two. Mr. Fernandez: No more. OK Mayor Suarez: ... and the months that don't presently have two or more. Commissioner Plummer: But accumulative, no more than twenty-four a year. F F.' Mayor Suarez: That's what he is saying you can't do. Mr. Fernandez: No. That's the problem. - �,. Commissioner De Yurre: Sure. Up to twenty-four events a year. Mayor Suarez: So, you have two caps then. .a t Mr. Fernandez: So, arguably and presumably then there will be months in which you will not be able to have an event. Because arguably, you could have all '• twenty-four events in nine months and then three months of the year will have to be dry. =M Commissioner De Yurre: Wonderful. `. Mayor Suarez: All right, that's your motion. ; Commissioner Plummer: And the residents of Coconut Grove will thank you for the breather. Mayor Suarez: All right. That's the motion. Commissioner Plummer: Basically, as I understand it at this point and I thinkF the number is twenty, at best that you could have under this motion is four ..: new events. Is that correct? i 4 S Commissioner De Yurre: That's it. Mayor Suarez: Whatever the number is, subtract it from twenty-four. Commissioner Plummer: Yes. ' Commissioner De Yurre: OK. u=: Ail 5 217 July 1,: •4 t SIT .anP Yais'3" a+t R� .Y' IN _ M A 1. x` Mayor guarest All right, so movedi Do we have a second? ' Comisaioher Plummort It's twenty-one? Well, whatever it is, I mean, cumulative it's twenty-four. ^ Mayor 3uare2s That would leave three then, if it was twenty-one now. OIt, wee have a Motion, do we have a second on that? Somebody, please second. - Commissioner Plummer: Yes, I think that's fair. I'll second it. � Mayor Suarets Call the roil on that motion. The following motion was introduced by Commissioner De Yurre, who moved = its adoptions - . MOTION NO. 90-542 t,^ A MOTION CONCERNING THE NEWLY CREATED COCONUT GROVE SPECIAL EVENTS DISTRICT AND PERTINENT GUIDELINES, GRANDFATHERING ALL PRESENTLY EXISTING EVENTS HELD IN COCONUT GROVE AND MAINTAINING, BASICALLY, THE SAME ANNUAL DATES PRESENTLY ASSIGNED TO THE EVENTS; FURTHER INSTITUTING A CAP OF 24 EVENTS, PER YEAR, TO BE HELD IN THE AREA; AND FURTHER STIPULATING THAT ANY ADDITIONAL EVENTS THAT WOULD COME WITHIN THE 24 EVENT CAP, SHALL BE SPREAD OUT TO TAKE PLACE IN MONTHS WHERE THE TOTAL OF EVENTS WILL NOT EXCEED TWO EVENTS PER MONTH. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: - AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. :> Commissioner Miriam Alonso -_ Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez n NOES: None. ABSENT: None. Mayor Suarez: Now, we still have a problem with fees as to my view of it, maybe, we can get three votes on it to figure out a way to differentiate' �$ further, road races on the one hand and maybe reduce it further for the other festivals. Really, the idea was not, J.L. I don't think... Commissioner Plummer: Then the same argument can be used for festivals. - ';. Commissioner Alonso: Not to get money but it was to reduce the number of events. Mayor Suarez: Yes, exactly. { Commissioner Plummer: Mr. Mayor, let me just say for the record... ; Commissioner De Yurre: In order to maintain the facilities.` { Commissioner Plummer: ... that of any one problem that existed with then Y y , committee was tryingto come about a fair formula to apply for the j restoration of the area that was used. We tried from gating kind of a thing, to as groups of how big they were and we felt that the only definite ,.g,. - number that you could come about was that City services provided, and you take a a percentage of that. Nov you can disagree as you did at the last meeting that fifty percent is too much, and you cut it in half. OK? Now, here main, that was the biggest stumbling point of the committee. Mayor Suarez: Yes, because remember it's sort of a misnomer and a . rc; .' misstatement to sap that it's fifty percent of the fees of the services that } they require for their event. They actually pay one hundred percent by „+ 4x, definition and then on top of that, another fifty percent for a sort of JQA9. term impact. 1 — - 216 July 128 11 3 w � g¢` a { $� Commissioner Plummort No, twenty-five now. Mayor 'Suereset And now, back to twenty-five, - �f _ " Cos mLosioner Plute ort Yes, air. Mayor Buarest For races that take, or events that take less than four hours; we could have a separate differentiation on those, I'll have no problem with 4 that. Basically, that's road races. Commissioner be Yurres What's the difference if you're going to, you know, if f- ✓ we're talking about protecting the infield for example, at Peacock Park, in ; �,.. four hours they're y going to do as much damage as you would in eight. n Commissioner Plusmners Hey, you guys, you know, I'm telling you that there is no question that Peacock Park in Coconut Grove take beyond the normal wear and tear. Anybody has got to understand that. Mayor Suarez: Well, road race by, almost by description or definition is not going to have the same wear and tear as a festival where you have huge numbers of people. I mean, let's face it. Even though, the fee that they are paying for services because they have to block off streets and they have to have a _ lot of police officers and so on, it may be actually high, so as a percentage, _ they're paying a little bit more than maybe the impact. I'll try anything. Commissioner De Yurre: But are aren't there races where you have a concert afterwards at Peacock Park. I mean, like it's an all day thing. -- Mayor Suarez: The old race plus concert. We better watch out about those. Mr. Steve Hyatt: Mr. Mayor, my name is Steve Hyatt, 1700 NW North River Drive here in Miami, I'm the president of the Coconut Grove Jaycees. I wanted to come very quickly and tell you about how an impact will affect the group that has done a great deal for this community for the last ten years. Very, very quickly, for about a minute, we're involved very heavily in four festivals. Three of the festivals we do for community and one of the festivals is our _. major financial fund raiser for the chapter. As you all probably know, we've averaged about eight hundred members over the past three years and in those r years, in the past seven years, we've raised a million dollars for charity, we've put it directly back into this community. Environmental response or green up the Grove, a day in the spring, we've planted over five hundred trees, we have a leadership seminar for a hundred and ten of the outstanding high school sophomores in South Florida, I will stop there. Mayor Suarez: You're the number one Jaycee in the country and in a world... A Mr. Hyatt: I'm not about to even say that. { Mayor Suarez: ... we love you all, except for Chris Korge. Mr. Hyatt: I'm stopped right now. F Mayor Suarez: Can we get on with, we have other items on the agenda. Mr. Hyatt: OK. I'm stopped. All I want to say to you, Mr. Mayor, is a 1= constructive proposal was given to you by the Chamber, your purpose in the '- # ordinance, we agree with that purpose and that's to limit the amount festivals ,µr_ } in the Grove. What we don't agree with is the impact fee. Suarez: Constructive? n, Mayor She wanted to do away with the whole process that we've gone through up to now, wasn't that? - and start over again. Is x that?... Mr. Hyatt: The impact fee will be an impact tax on people like the Coconut Grove Jaycees that do nothing but good for the community. . Commissioner De Yurre: Let me ask you something. Over what period of type you raised a million dollars? Mr. Hyatt; The last seven years. ry, ! a 219 July 124 19,90 Caftiesibnar be Yurres $even years# OK, Mrs Hyatts And it has gone directly back into this community, Miami and Coconut Grove. Commissioner be Yurres I understand. Now, you got four events a year? Mr. Hyatts We're involved, we're heavily involved in the King Mango :strut, the Coconut trove Bed Race, Taste of the Grove and the Coconut drove Arts Festival. Commissioner be Yurres Hold it, turn if off. You have four events? ; Mr. Hyatts Yes, sir. Commissioner De Yurres OK. Now, how much do you pay as far as fees are concerned, police and trash and all that, basically? Mr. Hyatt: We provide volunteer, hundreds of volunteer... Commissioner De Yurres How much do you pay? Mr. Hyatts The festivals pay it. But let me just tell you, in the Coconut Grove Arts Festival, the non profit groups, there are a lot of them that participate in festival are going to get hurt by this impact fee tax. ' Commissioner De Yurre: OK. But how much... if he can raise one hundred and forty thousand that goes to charity, then maybe you have to pay an extra five y_ or sic or seven to the City, you know, it's not that big a deal. Mr. Hyatts Keep in mind, Commissioner... Commissioner De Yurre: Hey, let's be realistic about this, OK? Consider us a charity. That's the bottom line. We are a charity and we are applying to you for some assistance. Mr. Hyatt: Commissioner, one event provides a major percentage of our operating budget. Commissioner Plummer: And which is that event? Mr. Hyatt: That is the Coconut Grove Arts Festival.; Commissioner Plummer: And how is that money derived? Mr. Hyatt: That money is derived by selling beer and beer booths, *' Commissioner. Commissioner Plummer: OK. And then the Coconut Grove art festival, who I love dearly and I'll support to the hilt, how is that money derived? Let's talk about the parking at Dinner Key auditorium. ' 3 Mr. Hyatt: Let me turn it over to... x Commissioner Plummer: No, no. That's where it's coming from. Unidentified Speaker: But it goes back to the City. Commissioner Plummer: No. .f pug Unidentified Speaker: It goes to the Adopt -A -Park program. All proceeds.. Commissioner Plummer: Yes, back to the Adopt -A -Park program, Don't argue with my dentist, he'll take it out on me the next time. I'm changing dentist,, Unidentified Speaker: Six thousand goes to the City department and 7, sixteen thousand this past year are Mr. Hyatt: To which we have seventy-five thousand raised for the Adopt -A -Park program, . r .S: s . i Comeiasitmer Plumart J wok, t love you dearly and if everybody did 6xisetly what you did, I'd have no problete, #old have the most gorgeous park in the �- City ifi the state of Fibrida, 4- Mt, Ryattt Us are doing that, Commissioner, Cotmissiono r Plummer: but all the others don't do what you're doing, Meg, Marla bertuson: festival.., but at imposing a twenty-five percent on every Mayor Suarez: OK. Please move up tc address the Commission. Mr. Hyatti Go ahead, Marla. Mu. Bercuson: I'm sorry, my name is Marla Bercuson, I'm the executive director of the Coconut Grove Arts Festival, the address is 2980 McFarlane Road. I do not live in Coconut Grove, I've been called the little old lady who lives in Kendall and I apologize for that. However, my job and the festival is in Coconut Grove., By impacting a twenty-five percent fee on all of the festivals, you're hurting the Coconut Grove Arts Festival the most - because our City service bill is the greatest. Last year our City service bill was sixty-four thousand dollars. We originally were looking at a thirty- two thousand dollar fee now, we're looking at approximately sixteen thousand dollars. We don't have the extra sixteen thousand dollars to give you... r Commissioner Plummer: Can I stop you for a minute, I maybe can help you. Ms. Bercuson: Yes, air. Commissioner Plummer: One of the recommendations as I remember of the committee that we did not include in the ordinance but it could be included, is a cap. OK? That no festival would exceed "X" number of dollars. Ms. Bercuson: Twenty-five hundred dollars. How's that? Commissioner Plummer: That was not the idea of the committee's cap. Ms. Bercuson: Based on the parking for the Adopt -A -Park, the monies that are raised through the parking last year, was $21,000 at Dinner Key. We paid $6,000 for the use of the parking lot and the rest of the money was given to the Adopt -A -Park program. In the last four years and right now, there is a balance of 465,000 in the Adopt -A --Park program which we have been working with Mr. Ruder in the Parks Department and in the fall we will be putting an irrigation system into Peacock Park, we're changing the ball field...�� Mayor Suarez: See, that was precisely the kind of impact that we were hoping to cover with the fee, so you're, the whole thing is becoming cyclical with the Coconut Grove Arts Festival. Ms. Bercuson: Sir, we're already doing it. Right, yes sir. That money has been raised through the Jaycees volunteering at the Arts Festival and A Tanta of the Grove. y Mayor Suarez: And the Jaycees are involved in that loop. So, the whole thing is kind of unnecessary, really, as to that. ; Ms. Bercuson: Right. So the money is there already. This year alone in the 1990 festival, we have $15,000 siting in the Adopt -A -Park, seventy-five hundred we're earmarking to spend in North Grove and seventy-five hundred ,s we're earmarking to spend in South Grove. Mayor Suarers You've proven the point Marla on that. Mo. Bercusons Thank you. Mayor Suarez-. I don't know what the Commissioners want to do about it but you've proven the point. We do have other items, we're going to try to got to today. Ms. Bercuson-. OK. Thank you. 221 July Its F s Con ietkioner Plummert gut Marla, if this was imposed today, twenty-five ' percent of yours would be what? — .. . Ms. gercusons Sixteen thousand dollars, E Commissioner Plumasrt Sixteen. Me, $ercusont Y'es, sir. Commissioner Plummert And you get twenty-one from the parks? s� Ms: Bercuson, Might. But the thing that I'm opposing, that when you're basing it on this, City services bill is that you're penalizing us for having good police and good fire protection and good waste protection. Why should Y hire ninety-one policemen when I can hire sixty-five and have a smaller City - services bill. — z Commissioner Plummer: OK. All right. It's as broad as it's long. If you -_ want, give me another formula. UNIDENTIFIED SPEAKER: Commissioner Plummer... Commissioner Plummer: No, no. Excuse me, give me another formula because we're going to say to you, the largest user, the largest festival in the Grove, we're going to expect about the same amount of money. Now, if you want to use another formula so can't say you're penalizing you, fine.` UNIDENTIFIED SPEAKER: Why don't you credit us for the Adopt -A -Park money —_ every year? Mayor Suarez: You could almost... Commissioner Plummer: Because the Adopt -A -Park money is not really a gift from you. OK? If we did and sold the thing as we do every other event out here now at three dollars, you would not be getting the money. We, in the past, have allowed you to use that area after we get our expenses out of parking. — Unidentified Speaker: But it does cover the impact that you claim is not paid -' for out of our other fees. Commissioner Plummer: No, no. This is not money that you derive as revenue. We could say to you, no, you cannot use that area for parking and we would handle it as we do every other event, collect. the three dollars and we would Y collect all of the revenue for this City and whatever is needed. Ms. Bercuson: And then your Adopt -A -Park fund would have zero balance. And then Peacock Park would never be renovated. Commissioner Plummer: Oh, I don't agree with that, Marla. Mayor Suarez: The whole thing is really a vicious cycle there as to your contribution, it really is. Ms. Bercuson: Right. Yes, sir. Mayor Suarez: Because the money is coming right back in to what we wanted it to come back in by imposition... Ms, Bercuson: Right. Mayor Suarez: ... but you're doing it by voluntary donation and adopting the ` park. All right, we've got to get out of this impasse, we've got to make some proposals here. UNIDENTIFIED SPEAKER: Commissioner, could I may something, please? Mayor Suarez: I'm ready to move that we retroactively cancel the existeuco ,- " the records of the history of the City of Miami the Foativi►1 and block from y Y : Policy Committee. (APPLAUSE) That's an extreme proposal calculated to try tp make some common sense of all this. t� 6 222 July "r 12# r � r 9 f� Ms. Bereuson: An efteliant proposal, I might add. Mayor Suarers All right. Commissioners, what are we going to do to try to get out of this dilemma here? Commissioner Alonso: How about a cap? Can we set a Brice... I'm really concerned for the amount of money they will have to pay and I really think they have been helping the City on voluntary basis. Why penalize them? I think they are the ones who will have to pay the highest amount. I think we should take that into account. ;t Unidentified Speakers They make the most money. Ms. Bercuson: Pardon me. Last year we had a deficit.- Commissioner Alonso: But they've been helping. Ms. Bercusons Thank you. _ Unidentified Speakers And why don't they publish what they make? Me. Bercuson: We do publish what we make. _ Mayor Suarers Please, please. We can't have a debate back and forth. OK. What is the suggestion? Unidentified Speaker: Well, let us finish talking. Commissioner Alonsos May I ask the City Manager. Mr. Manager, how responsible have they been to the City? - Mr. Odio: The Coconut Grove Art Festival? Very. Commissioner Plummer: Very much so, I'll answer that. Mr. Odio: I think that the mistake might be to do this in little piece -meals here. I think you have to decide whether... cap, total cap. - Commissioner Alonso: No, no. I was thinking on a cap... total cap in order to help them, precisely, because they are the ones who will have to pay the highest. Commissioner De Yurre: What's the amount of the cap? Commissioner Alonso: That's what I don't know what is fair. _ Commissioner De Yurre: Well, fifteen thousand., <<s. Commissioner Alonso: What? Ms. Bercuson: No cap. Commissioner De Yurre: Per event. -_ , xa Commissioner Plummer: I have no problem with that. iX Commissioner De Yurre: OK.$' �t Commissioner Alonso: You have the votes here for twenty-five percent already, xrt: so you better try to get a cap._ a. Commissioner De Yurre: The motion is to put the twenty-five percent surcharge with a cap of fifteen thousand per event. 4 Ms. Bercuson; That's not a cap for us because we have to give sJxteen thousand anyway.. r Mayor Suarez: Do you mean fifteen thousand... Commissioner Alonso: Fifteen thousand? �j 223 July i?,, 19190:• �:�F �a zb% as s Rt m n _4 Y Citsioner be rYurrat You're already saving a thousand._ Me. lercuson: Oh, please, CoMissioner, that's not a break for us, i►0ft living tha 'money voluntarily, } Mayor Suarost OK. That didn't seem to have a warm reception. You want to b ebmethiag or,.. Mil. Sareueont Five thousand dollar cap... twenty-five percent based on City► services.— Mayor Suarez: Are you on the Commission now, Marla? -- w �- ti;' Vice Mayor Dawkinst Hold it. Make your motion. y Me. Bercuson: No, I'm offering you a suggestion. Commissioner .: er Plummer: Come on, you're doing... that's an insult. I mean, you know. - Commissioner De Yurre: OK. We'll split it, ten thousand. Unidentified Speaker: You want to play, you pay. F Commissioner De Yurre: The motion... Unidentified Speaker: Excuse me... �- Commissioner De Yurre: That's it, that's it, folks. The motion, we're - splitting it, ten thousand cap... Mayor Suarez: Cap of ten thousand on a surcharge. Commissioner De Yurre: ... twenty-five percent surcharge and ten thousand cap per event. Vice Mayor Dawkins: Second. Ms. Bercuson: Commissioner De Yurre, may I ask you a question. Would this ... include Goombay and the other festivals in Coconut Grove or if you have already exempted the runners, are you exempting Goombay? h. Mayor Suarez: We're not otherwise altering the ordinance that's before us, please. Let's not gat into that. We have a motion and a second on a ten _ �." thousand dollar cap on a surcharge, we may try something on the runners, let's , just see. OK? Commissioner Plummer: I'm going to the bathroom and not vote. Ar Ms. Bercuson: Mayor Suarez, I have one point. Where will the money go? Will _. it only go into the festival district, or will it also go into the black Grove? Vice Mayor Dawkins: I'll take.my second back, I'm trying to get out of here. Mayor Suarez: Please, please. Vice Mayor Dawkins: I'll take my second back, I withdraw the second. ti i Unidentified Speaker: Mr. Mayor... Mayor Suarez: Would I get another second from someone else please, so we can ,. vote on this? Commissioner Plummer; I'll second. t� Mayor Suarers Thank you. Call the roll on that motion... to not a cap. -= r Commissioner De Yurrss With the twenty, -five percent, the wh+oys t#1, p. us en a Twenty-five percent surcharge with tthousand ca r Cow issioner Alonsos Ten thousand and twenty-five percent. 224 TFM AM �12MFM x Mr, ranandes: Yae, Mr, mayor. `l Cowleeionor Plutmeert Twenty-five percent or ten thousand, whichever' i .. greater. �F Mr,.rernandez: and in no event will the fee exceed ten thousand dollars,. <_ 7 t�$ Commissioner Plummer: Correct. Commissioner De Yurre: Per event. Mr. Fernandez: Per event. >- Mayor Suarerat So moved and seconded. a Commissioner Plummer: Now, just clarification for the record. Coconut Grove Art Festival does three days, that cap would apply to their three days. It's per event, not for the number of days. So it would basically be for them like thirty-three hundred dollars a day. Mayor Suarez: Call the roll. It's a percentage of the total fees, so. The following motion was introduced by Commissioner De Yurre, who moved t_ its adoption:'— y; }� � MOTION NO. 90-543 A MOTION CONCERNING THE NEWLY CREATED COCONUT GROVE f. SPECIAL EVENTS DISTRICT, ESTABLISHING A 25 PERCENT - SURCHARGE WITH A CAP OF $10,000 PER EVENT AS — SUPPLTsMENTARY USER FEE FOR EVENTS WHICH ARE HELD IN THE ABOVE MENTIONED DISTRICT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: _ AYES: Commissioner. Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez F° 4, T� ` NOES: Vice Mayor Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: I vote no because I think, that if Coconut Grove Art Y Festival has three days and everybody else pays ten thousand dollars for one day, they should pay ten thousand per day. I'm voting, no. Unidentified Speaker: That's right. COMMENTS MADE FOLLOWING ROLL CALL: 1 Mayor Suarez: Now, does anybody want to try and is it not inconsistent.,.. sa r Commissioner Plummer: Excuse me. For clarification, the question has been � r raised, let ate answer it. The ordinance likewise calls for a committee of five of which each member of this Commission will designate one member. There ' was a provision that says that the money raised would be spent within the a� W district. , Wk- Mayor Suarez: Yes. ` Commissioner Plummer: Now, you asked, could it be spent in black trove, thtea - answer was no, because black Grove is excluded from the district, Ms. Bercuson: We object to that. � � r �A � c {, Co�ni>ssaies►>her plu�nraers �C. I underists fid that. I'm just trying to alftower your 4u§dti6h, Itou slaked a question, t'm ttyisrig to answer it, - Ms. harcusoni OX6 We would like to be able to put the money into the black - trove Also not just the festival district. �- C6miaoionar Plummers You have that right to petition the Commission to act ., for such. unidentified Speakers We're petitioning right now. t Commissioner Plummer: You have that right. If somebody make such a.+. : Mayor Suarazi Well, when we set up the committee, we can deal with that if it is good worthwhile cause, which I'm sure there will be. Anybody want to try, - Y; it's not inconsistent with what we've done, Mr. City Attorney, to try any differentiation for road runners. Is that the term? That is the term. Sounds like a cartoon character or something. - Commissioner Plummer: Be -beep. - Mayor Suarez: Kind of looks like J.L. Commissioner Plummer: Now, wait a minute. It was my understanding that '— Commissioner De Yurre's motion included all. _ Mayor Suarez: Yes. That's what I'm asking if... Commissioner Plummer: Now, if it did not, then I'm going to withdraw my vote. Mayor Suarers OK. If it's not precluded, I would of been inclined to have _ once again, try the differentiation for road runners but doesn't sound like it has a consensus. So, lacking a consensus, we'll just go on to the next item. _ Commissioner De Yurre: That's it. Ms. Susan Newman: Mr. Mayor, I'm Susan Newman, my public relations firm - represents three festivals, one of which will be affected by this ordinance if it passes. _ Commissioner De Yurre: It passed already. Ms. Newman: I'm sorry? - Commissioner De Yurre: It passed already. Commissioner Alonso: It did. Mr. Fernandez: No, no. It has not been read yet and it has not been voted 4Y: K<, on. art; Mayor Suarez: Well, wait now. Susan, we haven't read the ordinance and we haven't taken a formal vote on it but what could you possibly say that hasn't _ already been said in one of the various hearings that we've had? We'll do a '. clarification, if you want. C12 Ms. Newman: Well, we represent an event called the October Fast in Coconut t 4, Grove which already has its permits and will have its first event, starting October 26th. It is a major event which has been promoted in Europe, there is going to be tourist coming here for it and...;; Mayor Suarez: What is the effect... let me check something. What is the effective date of this ordinance assuming it passes on what... what reading; are we on today? Mr. Fernandez: This will be second and final reading, it will be effective within thirty days after today. Ms. Newman: To have an additional twenty-five percent or tan thousand dollar t, `k cost at this late date is prohibitive,; t 226 July 121�9Q 't } gw M pn. ss 41 s- Mayor Suareat Lot me just clarify, Susan, on that, door it stake any liensll, y- Co iesioneraj to have an effective date a little bit beyond the normal ofib that it doesn't comer events that were being planned on certain aseuspti6fis that we had in the ordinance before? Y Mr. f'ernandeas As a matter of law, you can do that. YOU can [sake the . effective date of this ordinance at any time subsequent to... Mayor Suareat I was pretty aware of that. I was just wondering as a matter of policy, if the Commissioners wanted to...vt Commissioner Plummer: Are you going to stop the wear and tear on Peacock '4 F�t Park? - ,L �? Unidentified Speakers That's policy. ,j Commissioner Plummert No, it's not. That isn't policy. Mayor Suarers OK. Does anybody want to make any motion to adjust the effective date? otherwise it will be thirty days from the second reading which... Commissioner Plummers Is today. Mayor Suarez: ... is about to take place today. Do I hear a motion on that point? I don't hear a motion. Commissioner Plummer: Let me ask this question. Susie, how much would you feel the impact on? What is your City services on that projected? Ms. Newman: Myself and two of the principals are here today and we talked - about this. If this goes through I do not believe that we will be able to continue with the event. - Mayor Suarez: The question had to do with the financial impact to you. _ Commissioner Plummer: Have you given them a figure? Ms. Newman: It would come to approximately ten thousand. rg . Commissioner Plummer: Have you given them a figure on the cost of City services? Ms. Newmans Mr. Mosier. Unidentified Speaker: Yes. Right now the cost we have been offered and K'- budgeted and negotiated with the City and the police... Commissioner Plummer: And how much is that? 4r' Unidentified Speaker: It's twenty-three thousand dollars. �f} • Commissioner Plummer: Twenty-three thousand, so... a?. Mayor Suarez: Twenty-five percent of that is little bit over five. ' Commissioner Plummers A little over five thousand dollars. a Unidentified Speaker: Sir, you're talking now that we have to pay about thirty thousand dollars up front for October Feet.k: Commissioner Plummer: Twenty-eight. But, here again, how many people are youps expecting? ' Unidentified Speaker: Right now, we have about fifty double rooms blocked from Europe. Commissioner Plummer: No sir, how many people are you expecting to attend the - event? _ Unidentif W Speaker: It's the first year, it's very tough to say hoer r;F people we're Was to get. ° i a ¢ 227 July 12a 191t� k i L Commissioner Plummer: Well, if you're paying tv6hty►-three thousand and lam just trying quickly in my mind, to estimate what the police department estimated is what your crowdwill be, and I would assume based on that, you're C looking in the neighborhood of maybe fifty to sixty thousand people. k Unidentified Speakers That's correct, sir, sixty thousand. _ Ms. Newman: Commissioner Plummer. Commissioner Plummers And you don't feel that sixty, thousand people would at- t-- create five thousand dollars worth of wear and tear? Me. Newman: This event will be held entirely in Peacock Park, it will have no street closures or no other effect otherwise on the Grove. ;. Commissioner De Yurre: Let me ask this. Would this be one of.the new events that may not be able to have a... Commissioner Plummer: Was October Feat an old... is this your first year? Commissioner De Yurre: First year, isn't it? _ Me. Newman: It's our first year. S - Unidentified Speaker: It's the first year in Coconut Grove. It was always in Miami but it's the first year in Coconut Grove. Commissioner Plummer: Is the one that was held up by City cemetery in the _ past? He. Newman: No. Commissioner Plummer: Where was it held before? - Unidentified Speaker: No, it never was held before. Commissioner Plummer: But we had an October Feat which was not too favorable - ': last year. v>+ Unidentified Speaker: There were three October Fast last year. One was. i. downtown Miami near the Omni, behind the Omni. Commissioner Plummer: Yes, that's the one. Unidentified Speaker: And there was another one near Bayside.= Commissioner Plummer: No, that's the one we had some problems with. Mayor Suarez: Commissioner Plummer, I'm about to close debate on this issue. If you have a proposal to make as to October Feat or any other festival, please make it and we have to go on to other items. Unidentified Speaker: I think the proposal could be that whatever is on the list already reserved should also fall into that clause which you have right now. Commissioner Plummer: That means a year. t if` Mayor Suarez: There was no contemplation of you saying at all into the :Hike, sir. Thank you. Anything further, Commissioners, on any of these items? h3, Extending the effective date as to October Fast or any other festival that has been in the planning or otherwise? If not, we're going take the reading of3 the ordinance and take a formal vote on it. Mr. Fernandez: All right. Taking into account the fact that the capping, the fee at ten thousand dollars per event and the grandfathering, it reads like this. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, SY S[ TITLE ONLY. 4 y' I y 5, 220 July 120,.11J g! j R +i4 O f Commissioner Piutwert Kkcuse rat. Let Me ask A question for clarifiesti+ot , { icon Myers Dark or 27th Avenue? i thought 17th Avenue was the district? Teo, but # thought that the committee recommendation via 27th Avenue as i retail. _ k Diane, well, you weren't the one that sat in on the meetings. - . r Me. Mane Johnsons I believe Myers Park ends right at 27th Avenue. a Commissioner Plummer: Oh, it does and right at 27th? OK. well, than that d was my concern. But in, for all practical purposes, it's understood that the ' district does extend to 27th Avenue? Mr. Fernandez: No. The district is, create a special events district bounded S on the north by Oak Avenue... t qg— '' Commissioner Plummer: Right. Mr. Fernandez: ... on the south by the shoreline of Biscayne Bay... Commissioner Plummer: Right. Mr. Fernandez: ... on the east by Mary Street and Kenneth Myers Park. And on ` the vest, by McDonald Street, Commodore Plaza and Peacock Park. Commissioner Plummer: That's correct. Because it was decided by the committee that there was no festival that could be held, that's all condominiums and there is no room unless they had it in that parking lot there, the old Ryder building. g Mayor Suarez: OK. Anything further? Commissioners? Ms. Matty Hirai: You move it? Mayor Suarez: Read the ordinance. - Mr. Fernandez: I just read it. Ms. Hirai: It's been read. Mayor Suarez: Call the roll. Ms. Hirai: I need a motion, Mr. Mayor. We have no motion. Mayor Suarez: The same movements that we have before apply to the more formal motion. Can we just have the same movements? Because we took a vote on the actual specific. _ ' Mr. Fernandez: Of the capping of the grandfathering. Mayor Suarez: Right and now it's the same thing as to the motion. So moved. — �w Commissioner Plummer: You're right. Clarification. I'm sorry, Mr. Mayor, clarification. The Arts Festival goes now all the way to Pan American Drive. Now, how do we equate that? Commissioner De Yurre: Any part of the festival that falls within district applies, that's it. i Commissioner Plummer: But they are beyond, they're part in the district and they do extend beyond. - dw, Commissioner De Yurre: That's it, if any part of the festival is in the district. Commissioner Plummer: Oh, if they are in the district, it applies to wherever they run to? ` s> Commissioner De Yurre: That's right. Commissioner Plummer: OK. Mayor Suarez: OK. With that clarification, we now have a motion CA the ordinance. 229 JOY 12, i��� yyr, a? s Comissioner Fltsmaotrs No, it's not within the districtb the othar sides McDonald Street is Mayor Suarost I need a second on that motion, do we have the *arse second as ° before? Ma. Hirait des, sir, we have. Cottomissiotier Plummers Oh, I second it, yes. #= Mayor Suarest Thank you. Read the ordinance, you read it? Call the roll AN ORDINANCE AN ORDINANCE CREATING A COCONUT GROVE SPECIAL EVENTS DISTRICT BOUNDED ON THE NORTH BY OAK AVENUE, ON THE SOUTH BY THE SHORELINE OF BISCAYNE BAY, ON THE EAST BY MARY STREET AND KENNETH MEYERS PARK, AND ON THE WEST BY MCDONALD STREET, COMMODORE PLAZA AND PEACOCK PARK; LIMITING THE NUMBER OF SPECIAL EVENTS HELD WITHIN SAID DISTRICT; CREATING AND ESTABLISHING THE COCONUT GROVE STANDING FESTIVAL COMMITTEE; ESTABLISHING A SUPPLEMENTARY USER FEE FOR SAID EVENTS; PROVIDING FOR A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. Passed on its first reading by title at the meeting of July 12, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10764. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commiaaion and _ to the public. - THEREUPOgT, THE CITY COMMISSION, PURSUANT TO AUTHORITY UNDER ORDNANCE 10406, IlSPANEIRD ITSELF AS THE BOARD OF DIRECTORS OF THE VTNVOOD LOCAL GOVE3020M NEIGHBORHOOD IMPROVMINT DISTRICT, TO CMIDBR THE FOLLOVIMiG ISSUE: 44. APPROVE, IN PRINCIPLE, THE WYNWOOD SAFE NEIGHBORHOOD IMPROVElSENT DISTRICT PLAN (MAY 1990) ,z f# e�. Mayor Suarez: We have forty minutes left to try to get as many of these items done as we possibly can. f Vice Mayor Dawkins: The Manager says he needs 57, Mayor Suarez: Wynwood safe neighborhood district. it. Vice Mayor Dawkins: I move fifty-seven Commissioner Plummer: Wait a minute, what item? 230 _ iiuKd Sj �+ aw Wt NTH t, Vide Mayor bawkinsa Fifty-seven, fifty-eight and fifty=nine. Mr. Peraandest For fifty-seven, you have to meet, as it's SNID. Commissioner Plutwert Oh my Cod. ` Mayor Suareat OR. We are hereby adjourned as Commissioner meeting to be... Commissioner Fiummatt Cbod; I'm going home. Mayor Suarezt ... re-asbembled or reconvened later and no one is allowed to t.;. leave. {C X Commissioner be Yurre: Mr. Mayor, do we have to appoint the committee? ew '. f'. Mr. Fernandez: Yes. You should appoint the committee by the way, and the last item that we were, item 78 was a resolution appointing your members to the committee, if you want to take that up. Mayor Suarez: OK. Vice Mayor Dawkins: Well, I'm not ready. Mayor Suarez: Yes. Let's do that in a second. Let's do Wynwood. I see some interesting faces to put on the committee. So, don't leave, stay here until nine. Mr. Fernandez: OK. And Mr. Mayor, this is also... now that you're the SNID, this is also public hearing so you must call for... - Commissioner Plummer: You know, that doesn't even sound good. Mayor Suarez: And we are reconvened an the acronym SNID describes the Wynwood - economic... " Mr. Bert Waters: Safe neighborhood improvement district board. ' Mayor Suarez: ... safe neighborhood improvement district. Thank you. We need a motion? Commissioner Alonso: What number? Fifty-seven, right? Vice Mayor Dawkins: I move 57._ Mayor Suarez: Item 57 has been moved. Do we have a second? Seconded. Any discussion? If not, please... - Commissioner Plummer: Is a SNID a brother to a nerd? Mayor Suarez: ... call the roll. Mr. Fernandez: They are cousins. 2 .z: r x x t�� t A� F }fiA 1 i The following resolution was introduced by Vice Mayor Dawkins, who moored its adoption: RESOLUTION NO. 90-544 A RSSOLUTION, WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION, SITTING IN DULY CONVENED SESSION AS THE BOARD OF DIRECTORS OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOOD SKID) APPROVING, IN PRINCIPLE, THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN (MAY, 1990), IN SUBSTANTIALLY THE ATTACHED FORM; FUNDING THAT SAID PLAN REFLECTS THE SAFE NEIGHBORHOOD PROGRAM, LEGISLATURE FINDINGS AND PURPOSES PER SECTION, 163.502, FLORIDA STATUTES; FINDING THAT THE PROPOSED WYNWOOD FOREIGN TRADE ZONE (WFTZ) IS AN INTEGRAL COMPONENT OF SAID PLAN PROMOTING A REDUCTION IN CRIME RATES AND JOB OPPORTUNITIES AND FURTHER FINDING THAT THE DEVELOPMENT OF THE WFTZ WILL PROMOTE THE CONCEPTS OF CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) TECHNIQUES AND INDUSTRIAL DEVELOPMENT; AND RESCINDING RESOLUTION NO. 90-431 IN ITS ENTIRETY. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS BOARD OF DIRECTORS OF THE V'INWOOD IACAL GOVERNMENT NEIGHBORHOOD %0VEMENT DISTRICT, ADJOURNED CONSIDERATION OF THE INABOVE ISSUE, IN ORDER TO RECONSIDERATION OF REGULAR AGENDA ITEMS. 45. MAKE FINDING THAT WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN (MAY 1990) IS CONSISTENT WITH LOCAL PLANS AND PROGRAMS - SPECIFICALLY WITH ORDINANCE 10544, APPROVING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 - RESCIND 90-432. �u- Mayor Suarez: We are now reconvened as the nerd which is a minority of one to my left. All right. What's the companion item? Fifty-eight? Mr. Fernandez: Yes. 't Vice Mayor Dawkins: Fifty-eight. Move fifty-eight. Mayor Suarez: Moved. Mr. Fernandez: Public hearing. °t Mayor Suarez: Is this the SKID or the... Mayor Suarez: It's a public hearing. Does anyone wish to be heard on item fifty-eight? This is still SKID. Commissioner Plummer: This is still SNID. 232 i 2 Mayor duarot1 No one wish to be heard of item fifty-eight. Let the ir-ecord rsfleet, I need a second on the motios. Commissioner Alonsot Second. Mayor Suarefti Thank you. Call the roi..: The following resolution was introduced by Vice Mayor Dawkins, who moored its adoption: s'. RESOLUTION NO. 90-545 A RESOLUTION WITH ATTACHMENT, OF THE CITY OF MIAMI COMMISSION FINDING THAT THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN (MAY, 1990) IS CONSISTENT WITH LOCAL PLANS AND PROGRAMS SPECIFICALLY ORDINANCE NO. 10544, AS AMENDED, WHICH APPROVED THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000; AND RESCINDING RESOLUTION NO. 90-432 IN ITS ENTIRETY. (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: Commissioner Victor De Yu.rre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez None. None. COMMENTS MADE AFTER ROLL CALL: a turtles, I vote yes. Commissioner Plummer: For the nin r. J _____________�_��__a�_a�_M�_w_�_ 46. MAKE FINDINGS AND DIRECT PERMANENT PROHIBITION OF VEHICULAR ACCESS TO �{ N.W. 22, 23, 24, 26, 27 AND 28 STREETS AT EASTERLY SIDE OF THEIR INTERSECTION WITH N.W. 6 AVENUE, AND N.W. 5 AVENUE AT THE NORTHERLY SIDE OF ITS INTERSECTION WITH N.W. 22 STREET (IN ACCORDANCE WITH WYNWOOD SAFE4 NEIGHBORHOOD PLAN). Vice Mayor Dawkins: Move fifty-nine. Mayor Suarez: Fifty-nine has been moved, companion item. discussion? If not, please call the roll. Mr. Jim Kay: One thing. Mayor Suarez: Yes, Jim. Mr. Kay: On fifty-nine, one of the locations of the closures, if you'll take a look at your sketch, last page of your materials. On Northwest 22nd Street, that closure is to be moved over near to that proposed cul-de-sac. r Commissioner Plummer: Now, wait a minute, hold on. I got a problem I think '. that I want to clarify. None of these streets, in fact will be closed until such time as their funding is available. Y Mr. Odio: We have funding to do this. Commissioner Plummer: No, no. Not funding to close the streets. Mr. Odio: Yea, we have funding to do this. 233 July , 1 7 i -_ g ' i r , y i t k� Camblegiolier PIUmnert The funding to do the satire project. Mr, Odios No, sir. Us need to olosa the Attests naw. Commissioner piuswnars Why? Mr, Odios it's imperative to the area, because we're going to lose the businesses we have theta now. Vies Mayor Dawkins The merchants are going to move out if we don't. Mr. Odios Us need to do that, Commissioner. commissioner plummets Have you had a public hearing an that? , Mr. Odios Having one now and... Mr. Fernandets This is it. Mr. Odio: This is it and we have had the, we have been meeting with the Y merchants in that area. They need this badly to be able to just survive. r ' Commissioner Plummer: How are you going to close these streets? ' Mr. Fernandez: Permanent barricades. t t Mr. Odios It's a special barricade that can... Commissioner Plummer: Oh, the administration is putting up barricades. Mr. Odio: No, no, it's not a barricade. — Vice Mayor Dawkins No, it's a gate, it will be a gate, a gate that can open - and close. T.: Mr. -Odio: It's like a gate that can be opened at any time. '4 Vice Mayor Dawkins: And it cannot be permanent, J.L. because the big trucks ?: can't back up and they have to come out, so it will be a gate that comes open, - and let the trucks in and out. - Mr. Odic: It is specially designed. It's important to that area. P Y $ P rr. 7471i- Commissioner Plummers OK. We can always then, reopen them, if necessary. yr` Vice Mayor Dawkins: Yes. 'Y FCommissioner Plummer: OK. x Mr. Odio: Yes. Mr. Kays Oh yes. But they... I just wanted to point out, the closure at M 22nd... s; Vice Mayor Dawkins% And I need one more clarification. This land remains then property of the City of Miami. L Mr. Odio: Yes. Vice Mayor Dawkins: At all times. We're loaning it... Mr. Odios You mean... Oh, sure. ¢� Vies Mayor Dawkins: In any event, whenever the SNID goes out, the land y`s= reverts back to the City of Miami. }4 srf L. Mr. Odic: Yes. Ka Vice Mayor Dawkins: OK. Good. Mr. Odios Yes, we have that in... i L ; yt' -� 234 JUJU 4,1, j ik{ xx T N,zs', . `A�.� � ifiRe-v xis .•sF'-3 '-, ' _r'� "F`' .y" Vida Mgjlar Dawkins: akl great. No problem. Commiusianer Plufttrs But that's not only the street but whatever the dadidited width is. Mr. Odiot No, we're talking about the land for the foreign trade cone. i Commissioner Plumm6ri I'm talking about the dedicated width, of the dedication of the street. ;kf Mr. Adios Sure. Commissioner Plummer- That remains in... Mr. Odio: No, he is not referring to that, Commissioner. Commissioner Plummer: I am. 4— nt Mr. Odio: Yes, it remains the City property. 4, Commissioner Plummer: It remains in the City ownership. `,. Mr. Odio: Yes. �i 54 Mr. Kay: Yes. Can I point out that NW 22nd Street for the record is not being proposed to be closed. Commissioner Plummer: But it is on this agenda. Mr Odio: You need to vote on that Mr. Kay: We are requesting that the plan be modified to eliminate that closure on NW 22nd Street. Commissioner Plummer: Well, nobody said that. You understand that, City Attorney? Mr. Odio: Yes. He just said. Commissioner Plummer: The clerk understand that? - that this has been - amended? OK.- r Mayor Suarez: OK. With those clarifications, we have a motion from Vice_ Mayor Dawkins. Do we have a second on fifty-nine? Commissioner Alonso: Yes. � K Mo. Hirai: Yes, sir. Mayor Suarez: Call the roll. -- ,.. The following resolution was introduced by Vice Mayor Dawkins, who moved ... its adoption: RESOLUTION NO. 90-546 r A RESOLUTION WITH ATTACHMENT, MAKING FINDINGS, ANDS' DIRECTING THE PERMANENT PROHIBITION OF VEHICULAR f �z ACCESS TO NORTHWEST 23 STREET, NORTHWEST 24 STREET,"` NORTHWEST 26 STREET, NORTHWEST 27 STREET AND NORTHWEST 28 STREET AT THE EASTERLY SIDE OF THEIR INTERSECTION WITH NORTHWEST 6 AVENUE, AND NORTHWEST 5 AVENUE AT THE � NORTHERLY SIDE OF ITS INTERSECTION WITH NORTHWEST 22 ` STREET IN THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH THE WYNWOOD SAFE NEIGHBORHOOD PLAN; SUBJECT TO THE PROVISIONS CONTAINED WITHIN THIS RESOLUTION AND � THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clork.) ?i hv 236 July 14 A► ',' 3 . S � r4 K; Upon being seconded by Cwwiissioner Alotlso, the resolution was passed ff. A id adopted by the f0110Ving votes A' ISt Comissioner Victor Do Yurre Comnissioner J. L. Plumer, jr. Comnistsionar Miriam Alonso Vine Mayor Millar J. baakins Mayor Xavier L. Suares N08Si None. ADSBNT: None. ,x -- _..__...., .___...._,..�... ...�...�.�...�....- ------ 47. AUTHORIZE EXECUTION OF AGREEMENT WITH CODEC, INC. CONCERNING DEVELOPMENT OF A 150 UNIT AFFORDABLE TOWNHOME PROJECT ON THE MELROSE NURSERY SITE - AMEND RESOLUTION 89-965. ----- ------- ----- -- ---- --------- ---------- ----- -------- --- Mr. Odio: Mr. Mayor. ;V Mayor Suarez: We have a couple of projects that I know are important. I think you're involved in one, the housing project. Are you able to speak or is,; somebody is going to speak on your behalf? Vice Mayor Dawkins: You said you were going to... Mayor Suarez: Yes, I'm sorry. We're going to do that too. Mr. Bob Pollock: Yes. My name is Bob Pollock with Greater Miami Neighborhoods. _ Vice Mayor Dawkins: Move it. Mayor Suarez: OK. Which item is it, Bob? Mr. Pollock: Item 22. Basically, we're asking for modification in the - original commitment that the Commission made to use the funding that was originally to be used for second mortgages to the City, to be used for a - mortgage write down program. The advantage of that is, that it will allow us to serve lower income families, it will actually return more money to the City quicker. Mayor Suarez: Yes, it has been moved. Vice Mayor Dawkins: All right, but he's running his mouth on it. Mayor Suarez: No, no. I'm sorry, it was my fault. I wanted to make sure every Commissioner understood which item it was and what the... seconded by 4 Commissioner De Yurre. Has everybody had time to look at this item? Does anybody have any problem with it? If not, barring further discussion, call the roll. Mr. Fernandez: Yes. Mr. Mayor. as Mayor Suarez: Yes, Mr. City Attorney. Mr. Fernandez: Let me clarify that this is one of those items where we need to go to bond counsel to get a legal opinion from bond counsel as to the feasibility of what is being proposed in this resolution. So, your passing it here tonight must be subject to the approval of bond counsel saying that it is appropriate and it would be correct to 'spend the funds in the way which they are proposing. , r Vice Mayor Dawkins: So moved, that way. Mayor Suarez: With that proviso, although I don't remember hearing that t#e ;» last time we worked on this, but it's OK. Just so long as Me ;get things dons. .... Moved and seconded. Any discussion? If not, please call the roll. � t: jj 236 J#ly 42# J919 s The following resolution W96 introduced by Viet Mayor Dawkins, who Moved its adoption: RESOLUTION NO. 90-547 A RESOLUTION, WITH ATTACHMENT(S), RELATING TO AFFORDABLE HOUSING, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND CODEC, INC., IN CONNECTION WITH THE DEVELOPMENT OF A ONE HUNDRED FIFTY (150) UNIT AFFORDABLE TOWNHOME PROJECT ON THE MELROSE NURSERY SITE; AMENDING SECTION 5 OF RESOLUTION NO. 89-965, THEREBY MODIFYING THE CITY'S $1,500,000 SECOND MORTGAGE COMMITMENT TO THE MELROSE NURSERY AFFORDABLE HOUSING PROJECT TO ALSO ALLOW THE USE OF THE CITY'S SECOND MORTGAGE ASSISTANCE TO ESTABLISH A FIRST MORTGAGE INTEREST REDUCTION FINANCING PROGRAM IN THE AMOUNT OF $1,460,000 WITH FANNIE MAE APPROVED LOCAL FINANCIAL INSTITUTIONS) SUBJECT TO AN AFFIRMATIVE OPINION FROM BOND COUNSEL; ESTABLISHING THREE PERCENT (3%) AS THE INTEREST RATE TO BE ASSESSED THE PROJECT SPONSOR FOR USE OF THE CITY'S ASSISTANCE TO THE PROJECT DURING THE CONSTRUCTION PHASE; FURTHER, CONDITIONALLY AUTHORIZING THE CITY MANAGER TO TRANSMIT SAID $1,460,000 IN CITY ASSISTANCE FROM CAPITAL IMPROVEMENT PROJECT NO. 321037, "SECOND MORTGAGE HOME LOAN POOL" EARMARKED FOR THE DEVELOPMENT OF HOUSING ON THE MELROSE NURSERY SITE TO BARNETT BANK OF SOUTH FLORIDA, N.A., TO SERVE AS ESCROW AGENT FOR DISBURSEMENT TO CODEC, INC. FOR CONSTRUCTION OF THE PLANNED HOUSING 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 Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. 237 July 12, 1990 a - x� ZC[ ' 'ila.ai4.rY'u.ibl..4irW.r ' iwirYr J�i.�osw.�Si.Li. ' L:iYlJiir,Y.fi+t.i+r.Y.ri.i.ri.Yirfw�Y4w.�r..:..• .'" ' JLiti.iii� -ram itl•' • •_.YawiYP{YLiL31it�. '- 48. ISSUE REQUEST FOR PROPOSALS FOR UNIFIED DEVELOPMENT PROJECT FOR DEVELOPMENT OF MIXED RESIDENTIAL % COMMERCIAL USES OF (A) CITY BLOCK a S5 BOUNDED BY N.W. 6 AND I STREETS, AND N.W. 2 AND 3 AVENUES (MIAMI A.L► OWLTOM BLOCK 55N; (B) BLOCK 56 BOUNDED BY N.W. 6 AND ? STREETSJ N.Wi COURT AND N.W. 2 AVENUE (MIAMI A.L. KNOWLTON BLOCK 56N); AND (C) BLOCK y 45 BOUNDED BY N.W. ? AND 8 STREETS, N.W. 1 COURT AND N.W. 2 AVENUE (MIAMI A.L. KNOWLTOON BLOCK 45N - SELECT CERTIFIED PUBLIC ACCOUNTING FIRM - APPOINT MEMBERS TO SELECTION REVIEW COMMITTEE. N------rr-----------r--------rr—rr—r----------rrrrrrr----- r—rarr.i.rrr.�i.rr..r.w.ws..ar.W S° Mayor Suarez: Herb. You had an item that I know is important to the Southeast Overtown Park West which is... Mr. Herb Bailey: Yes, item 61. We want to put those blocks back out to bid that we have cancelled from the Odessa. Mayor Suarez: What do we need to do today on that? ,Mr. Odio: It's a public hearing, just authorizing the issue of RFP. r Mayor Suarez: OK. The RFP is before us for authorization at this point? — Mr. Odio: Yes. Vice Mayor Dawkins: So moved. Commissioner De Yurre: Second. Mayor Suarez: Moved and seconded. Does anyone wish to be heard against the _ issuance of the RFP for releasing or a new disposition agreement on the Odessa, the lots known as Odessa and Overtown Park West? Let the record reflect that no one stepped forward except Commissioner Plummer who didn't have to step forward because he stepped backward. i' ., Commissioner Plummer: Is this sixty-one. r Mr. Bailey: Sixty-one. Commissioner Plummer: OK. I want a clarification. j Mayor Suarez: Clarification, Commissioner Plummer. ,. Commissioner Plummer: Mr. Bailey, as I read over the ordinance, I think this Commission definitely made a statement that prior owners had an advantage. I g. think we also stated for the record at the insistence of Commissioner Dawkins, that minorities in particularly black, would have a percentage. But as I look24 = g= over the rest of the classifications, I have to question whether we have gone ZI V_ maybe, a little too far. If in fact, ten percent for a prior owner, ten _ ' percent for a black owner or a black proposer... Mr. Bailey: It says minority. lag Commissioner Plummer: ... OK, minority, which could be in effect, you go on and I'm trying to find it here... Mr. Bailey: Page 26. .. Commissioner Plummer: ... page 267 Mr. Bailey: Yes. Evaluation criteria, section 6. It's exactly as it was when we originally issued it. Commissioner Plummer: Oh, page 26, all right. Then you go on to giving other percentages which I assume and let me assume that the maximum that the owner of the property, being a minority could assimilate in advantage points is twenty, and no more. ,- t � Co ass finer Plummets go; we are allowing in effect f gueadt double dipping but not triple dipping? f �r Me. Baileys That Nee..► CoMissionor Plummer: In other words that the third criteria, cannot be used u ae the advantage of the first two criteria. You elect one or the other, The mutifthft that anyone could receive would be a maximum of twenty percent, edge. Mr. Bailey: For being a -previous owner and for being a minority, that's Y twenty points. ' Commissioner Plummer: Yes. That's maximuta that anyone could assimilate as to IC their advantage. Mr. Bailey: According to this, yes. That is correct. n Commissioner Plummer: OK. Just want it for the record. Thank you. Mayor Suarez: OK. Mr. Fernandez: Mr. Mayor, also as a point of reference here for your information, we have clearly stated in this RFP that this property that we're — putting out -is subject to litigation. The previous developer that we had involved that eventually was put out... Mr. Bailey: But, it's in here. It's already in here. Mr. Fernandez: ... and we're very clear in putting this out and letting everybody know so that when and if they bid they know that there is a ' potential to be determined by a court of law. Mayor Suarez: All Right. With that understanding, we have a motion, do we? , Madam City Clerk. Ms. Hirai: Yes, Mr. Mayor. — Mayor Suarez: And a second. Any discussion? If not, please call the roll. };- 4. The following resolution was introduced by Vice Mayor Dawkins, who moved a its adoption: } RESOLUTION N0. 90-548 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE . ISSUANCE OF A REQUEST FOR PROPOSALS ON JULY 30, 1990, :.;., IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED ,. DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF MIXED — z RESIDENTIAL/COMMERCIAL USES OF CITY BLOCK NO. 55AE BOUNDED BY NORTHWEST 6TH STREET, NORTHWEST 7TH STREET, NORTHWEST 2ND AVENUE AND NORTHWEST 3RD AVENUE (MIAMI `- A.L. KNOWLTON BLOCK 55N), BLOCK NO. 56 BOUNDED BY NORTHWEST 6TH STREET, NORTHWEST 7TH STREET, NORTHWEST 1ST COURT AND NORTHWEST 2ND AVENUE (MIAMI A.L. KNOWLTON BLOCK 56N), AND BLOCK NO. 45 BOUNDED BY NORTHWEST 7TH STREET, NORTHWEST 8TH STREET, NORTHWEST r 1ST COURT AND NORTHWEST 2ND AVENUE (MIAMI. A.L. KNOWLTON BLOCK 45N)i SELECTING A CERTIFIED PUBLIC • ACCOUNTING FIRM AND APPOINTING MEMBERS TO A SELECTION za :> REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT d FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER AND CODE. A" v 4 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)' 14 Upon being seconded by Commissioner De Yurre, the resolution wan passed ti and adopted by the following vote: A 7 t 239 July Itt 1_9 } i r 5y', A'iRI Commissioner Viat+or be Turre t.� rye Comissiober J. L. Plummer# Jr. Commibeioner Miriam Aloftso Mite Mayor Miller J. Dawkins r Mayor. Xavier L. soarer ,= �� NO181 None. ASSENT t Nolte. i ..�rsc�a.i+.an�nc.abwrr.n.+...ara.:rrr.rrwr.r�r.r...Lr.rsri.:sr,+---.—..----- ------a.r.rrrr��r.�sr�:z�..�m.:�ra�r�ir ;. 49. GRANT REQUEST FROM ASOCIACION DE COMERCIANTES Y EMPRESARIOS DOMICANOS DE LA FLORIDA FOR CLOSURE OF DESIGNATED STREETS FOR A BLOCK PARTY - RESTRICT RETAIL PEDDLERS - PERMIT SALE OF BEER AND WINE. �_........ .... �..� ` .............--- ------------------ ------ ......______----_---�---___.w . " Mayor Suarazz Guide me as to other items that we have to resolve, Mr. Manager. — Mr. Odio: Mr. Mayor, we have item 65, it's an event taking place on 7-22. Commissioner De Yurre: Move it. They want to change the date to August 12th _ •-, from July 22nd. - Commissioner Plummer: Wait a minute, what is that, August... Mr. Odios Asociacion de Comerciantes. Commissioner Plummer: Sixty-five. Mr. Odio: That's the street closure. Commissioner De Yurre: They want to change it to August 12th. a�f f Unidentified Speakers Yes, that's correct. - Commissioner De Yurre: OK. .: Commissioner Alonso: And permit to sell beer and wine. Mr. Odio: And permission to sell beer and wine. Commissioner Plummer: At what location?> r Commissioner Alonso: Move. - Unidentified Speaker: The location is 35th Street between 17th Avenue and - 18th Avenue. _ ''. Commissioner Plummer: OK. And what day of the week is July 22? Iff Commissioner De Yurre: No, it's moved to August 12th. ;• Mr. Odio: August 12th. '- - Commissioner Plummer: And day of the week is August 12th? - 5 Mr. Odio: Sunday. ilk - Commissioner Plummer: OK. And what time of the day? x ` Unidentified Speaker: It's going to be from 8s00 in the morning until lO:OO i_ p.m. { t3 —4. Commissioner De Yurre: And can they sell beer at eight in the :Horning? Commissioner Plummer: You can't sell bear at 8s00, , Unidentified Speakers That's set up time. i�k 2 1 _ T P 240 July 1t, 499 � 05, i+�eianer ylu�er: tdideit fled � aakers Selling bear is after 1106i. ,fir x T C6firmissl6har plumners it's after cane, isn't it? m Commissioner to Yurre: After one. Uaid6ntif ied Speaker: Or after one. Commisaioner Pluimmers One to seven? _ 5..,' Commissioner De Yurre: Yes, one to seven. j; Mr. Odios They can get... OK.'�' t Commissioner De Yurras OK. We have a motion and a second? Mayor Suarez: Yes. Call the roll on that. Commissioner Plummer: Just for the record, you realize you still have to apply to the beverage department for a license to sell beer? a - Mayor Suarez: Hold the roil call. Unidentified Speakers Yes, we do.'"- Mayor Suarez: OK. Call the roll. - The following resolution was introduced by Commissioner De Yurre, who moved its adoptions RESOLUTION NO. 90-549 A RESOLUTION CONCERNING A BLOCK PARTY ON AUGUST 12, 1990 TO BE CONDUCTED BY THE ASOCIACION DE COMERCIANTES s Y EMPRESARIOS DOMINICANOS DE LA FLORIDA; PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR - ;. TRAFFIC; SUBJECT TO THE ISSUANCE OF PERMITS IBYTHE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION w SERVICES; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION fit•. WITH SAID EVENTS SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on ?- file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following votes .: AYES: Commissioner Victor De Yurre r Commissioner J. L. Plummer, Jr.� Commissioner Miriam AlonsoJk t ' li Vice Mayor Miller J. Dawkins } Mayor Xavier L. Suarez NOES: None. b n, ��- ABSENT: None.0 { NOTE FOR THE RECORD: At this point, Agenda itom 43 1 was withdrawn. r t. 241 July 42.1 1999 r ( ( 5 fee �1 r, �N Mill -iL p k�v Jii�i'Q}1iit�:ifW.�-"".iiiwi.�iiirisi�.$Yw+YiJGYri1.JY'.f:itiiGil.}WJli.iG4L31:iGi.►J:�W�YjOr`i�i�C$i:"riiL�i:�iiiLiVi+'Riii'.1i.Y9it�iL�ii.fr'�iiYt4�6iWiiiiii'rlp'iifitYG .. Sty. APPROVE USE Or CUATAtU STETS DURtUd LAWTON CHTUS MMEMATORIAL CAMPAI(M WALK TO BE CONDUCTED BY PHILLIP HAMERSMiTH, INC. AND ASSOCIATES. -.. .�.•:<-.'�.:rr:i.�tiw.�.w�ii�Yfwiiiiii,fGr�Y.isY.o�i�i:iirr�r�rir.a�i.r.ri��ir.i..Y�i+wr.w4rJ►i .. .:•, •.-.' ;.. 11l.SiN►iaiil.GiNi"iiiLl�Lili.r 1'�rri�iw' ..- Mr. +Odiot Sixty-66ven is the Lawton Chiles. Mayor Suarezt Let tee go through the personal appearances to make sure we haven't left anybody out unfairly. Mr. Od io t OK. Mayor Suarezt Sixty-two was handled, sixty-three was withdrawn, sixty-four, I don't see anywhere, Olga Marti. Sixty-five... Mr. Odio: You did that. Mayor Suarez: just did? Mr. Odio: Yes. ..6 was just resolved, right, correct. wasn't that the one we Mayor Suarez: Sixty-six, Bayfront Park Management. Mr. Odio: That can wait, I think. Mayor Suarez: We can afford to wait on that? Sixty-seven is the one you were Just referring to? Mr. Odio: Yes, because the event is August 25th and they need to make preparations for it. Mayor Suarez: I'm sorry. What is the issue? They want to have a campaign walk? Mr. Odio: They want to have a street closure from NW 35th Street from 17th Avenue to 18th Avenue from 8:00 a.m. to 10:00 p.m. No, I'm sorry. Mr. Joe Pena: No, sir. I don't think we require any street closing whatsoever. Mayor Suarez: What is the policy on anything like this? I mean, in just N subject to fee like any other or to a permit? Mr. Pena: OK. Joe Pena. Mr. Odio: They're just going to start walking on US-1 and Douglas Road and A they will proceed on Dixie Highway to SW 16th Avenue. And then north on 16th Avenue to SW 3rd Avenue, Coral Way East on 3rd Avenue to SW 12th Avenue, north on 12th Avenue to SW 8th Street, east on SW 8th Street to Brickell Avenue and north on Brickell to Biscayne Boulevard Way and east to Biscayne Boulevard, v concluding at the Bayfront Park Amphitheater where a rally will be held. Commissioner De Yurre: Does it go through Coconut Grove district at all? Mr. Odio: Well, they don't go through anything... Mr. Pena: We have no runners and we're not getting anywhere close to Peacock Park. Commissioner De Yurre: Walkers? Mr. Odio: They're goingto have two thousand people walking with theta and maybe more when they find out who it is. Vice Mayor Dawkins: I thought they said Chiles was old, he couldn't walk. Commissioner De Yurre: OK. So, we need a motion on this? 242 .buy 12 r $rS h ...,. r 4 '��•Z_�� ���k�� r ��S -_ � ?=,�t yf_y f t pq x'rt .. i Y r Mr. Odioi Yea. It will Us from 606 6,6, to 10:30 A.M. .r k Vice Maybe Dawkina t 30 mdVad. CoMMIssioner De Yurre s Second. Vice Mayor Dawkins: I'll be walking with them. x +�otamise+sioner plu�ner W`hat's this o ? Y Mr. Odlo: Lawton Chiles walk. Mayor Suarez.- So mowed. I presume that they're again, as I was hinting before, that the policies that we've had established, do not in anyway M preclude any one candidate coming in and asking for this kind of a permit? ' Mr. Odio: No. They can all do that. Mayor Suarez: OK. All right. So shoved, do we have a second? Y= k 4 Commissioner De Yurres Yes. Mayor Suarez: Seconded. Any discussion? If not, please call the roll.- ts' The following resolution was introduced by Vice Mayor Dawkins, who moved k= its adoption: RESOLUTION NO. 90-550 - A RESOLUTION APPROVING THE USE OF STREETS AND 4 THOROUGHFARES DURING THE LAWTON CHILES GUBERNATORIAL a CAMPAIGN WALK TO BE CONDUCTED BY PHILLIP HAMMERSMITH, INC. AND ASSOCIATES ON AUGUST 25, 1990 BETWEEN THE HOURS OF 6s30 A.M. TO 10:30 A.M. SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THB POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON SAID x- :. STREETS; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY ., AND THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF $' CITY SERVICES AND FEES. kk. (Here follows body of resolution, omitted here and on ems, �M1l 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 J. L. Plummer, Jr. Commissioner Miriam Alonso . Vice Mayor Miller J. Dawkins S=r Mayor Xavier L. Suarez s, NOES: None. 5 ABSENT: None. r r Y ` Y' I .,T r 243 JU1:7 12., �� ) F u4 i3F' Ua tG fi4. } k St. EXPRESS TO METROPOLITAN DADE COUNTY' COMMISSION THE CITY'S CONCERN THAT IN COM91DARATION FOR USE OF THE CONVENTION DEVELOPMENT TAX REVENUES rOR _— CONSTRUCTION OF A PERFORMING ARTS CENTER SHOULD GIVE PRIORITT ,4 CONSIDERATION Tot (a) FUNDING THE MIAMI SPORTS AND EXHIBITION AUTHORITY'S BUDGET, AND (b) FUNDING OF ALL OPERATING DEFICITS AttD p MAINTENANCE OBLIGATIONS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY IN THE MIAMI ARENA. Y� s rr-ara-r--iaarrararraraa-arrr-arraraa---r-rarwar--rr.rrrrar--rriYrrr-riaa--riYi-- Commissioner De Yurret Mr. Mayor, I need to read this resolution, if I may. A resolution of the City of Miami, expressing to the County Commission of Metropolitan Dade County, Florida, its concern that any consideration for use of the convention development tax revenues for construction of a performing arts center should give propriety consideration to (a) funding the Miami Sports and Exhibition Authority's budget, and (b) funding of all operating deficits and maintenance obligations of the Miami Sport and Exhibition Authority in the Miami Arena. Vice Mayor Dawkins: Second. Mayor Suarez: So moved and seconded. I also am drafting a letter on the new tax r Chris, I see you in the back of the County Commission expressing our concern that they're going to try to take some of that money and use it for the Lipton Tennis. All right, moved and second. Any discussion or not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-551 A RESOLUTION OF THE CITY OF MIAMI EXPRESSING TO THE COUNTY COMMISSION OF METROPOLITAN DADE COUNTY, FLORIDA, ITS CONCERN THAT ANY CONSIDERATION FOR USE OF THE CONVENTION DEVELOPMENT TAX REVENUES FOR CONSTRUCTION OF A PERFORMING ARTS CENTER SHOULD GIVE PRIORITY CONSIDERATION TO (A) FUNDING THE MIAMI SPORTS AND EXHIBITION AUTHORITY'S BUDGET, AND (B) FUNDING OF ALL OPERATING DEFICITS AND MAINTENANCE OBLIGATIONS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY IN THE MIAMI ARENA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. - Commissioner Miriam Alonso - Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. fE: h ABSENT: None. NOTE FOR THE RECORD: At this point, Agenda item 68 was withdrawn. 244 W." We ........ . . . . . . . . 5Y 52. OAANT "MOT FROM MAISSANCIt HISTORICAL SOCIRTY Or rLOR11)Aj INC. POR CLOSURE Or DESIONAT91) STRnTS DURING PICARATtON OF THR STOPNINO OF THU 1ASTILtS BVBNT. 4 Mayor Suarez: Sixty-nine, Renaissance Historical Society of Florida. Pls&*6j J sir, Mr. Odioi They -are requesting a street closure as follows- North Miami Avenue, from NW 35th Street to NW 36th Street. 'S Mayor Suaroze. July 14th, 1990. Mr. Odiot July 14th. Commissioner Plummer: Miami Avenue? Mr. Odiot North Miami Avenue. Commissioner Plummer: July 14th is what day of the week? Mr. Odiot That's next Saturday. Commissioner Plummer: Couldn't you do it on a side street rather than a main thoroughfare? Mr. Joe Allen: No, air. Mayor Suarez: Give us your name and address. Mr. Allen: My name is Joe Allen, the address is 1122 NE 91st Street, Miami. The property of the owner that's giving is a French furniture factory showroom and he is the one that's sponsoring this event and he owns two-thirds of that block. The ordinance was passed, requested last year with no problems, we have all our necessary permits, our police... Commissioner Plummer: All I'm thinking air, is the inconvenience to the people of the neighborhood who have got to take detours. Mr. Allen: It's only around the block, air. Commissioner Plummer: Yes, I understand. Mayor Suarez: All right. With that understanding and presuming that the jll lateness of the hour, as long as it's not a... in view of the lateness of the hour and as long it's not a major inconvenience, I'll entertain a motion on the item. Commissioner Plummer: I'll move it. Mayor Suarez: Moved. Commissioner Do Yurre: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. Mr. Allen: I thank you. ---------------- ti 245 The following resolution was introduced by Comiss#'loner P1utft6r, who moved its adoptions ABSOLUTION NO. 90-552 A RESOLUTION CONCERNING BASTILLE DAY TO BE CONDUCTED BY THE RENAISSANCE HISTORICAL SOCIETY OF FLORIDA, INC. TO BE HELD JULY 14, 1990, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; - SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS h- OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND .r THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Y._ Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre - Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins NOTE FOR THE RECORD: At this point, Agenda items 70, - 71, 72 and 73 were called for consideration by the City Commission. The record was marked to reflect no appearance by any interested parties. Also, Agenda - items 74 and 75 were withdrawn. 53. RESCIND RESOLUTION 88-562 WHICH PROVIDED FOR DEVELOPMENT OF IMPROVEMENTS AT SOUTH END OF KENNEDY PARK (U.S. SAILING CENTER) - AUTHORIZE MANAGER s° TO NEGOTIATE MANAGEMENT CONTRACT WITH A FIRM TO DEVELOP, OPERATE AND r. MANAGE AN OLYMPIC SAILING TRAINING FACILITY AT SAID LOCATION. Commissioner De Yurre: Seventy-nine. Mayor Suarez: Seventy-nine. Commissioner De Yurre: The Olympic Sailing Site at Kennedy Park. - Mayor Suarez: OK. What do you need on that? Commissioner De Yurre: You've got Al Ruder. Mr. Albert Ruder: You have a resolution, you want me to read the resolution that was prepared? Commissioner De Yurre: No, I'll read the resolution. Commissioner Plummer: Can I see a copy of it? Commissioner De Yurre: The resolution reads, A resolution rescinding resolution number 88-562 adopted June 9, 1988 which had provided for development of improvements in the area at the south and of Kennedy Fork known as the US Sailing Center through a unified development process authorising the City Manager to hold competitive negotiations for a management contract with a Y firm to develop, operate and manage an Olympic sailing training facility at said location. I so move. 246 July 1 f� t fit? Mayor Suarez: So moved. Commissioner Alonso: Second, Mayor Suaroei Seconded. Any discussion? If notj call the roll. e The following resolution was introduced by Commissioner De Yurre, who moved its Adoption: RESOLUTION NO. 90-553 A RESOLUTION RESCINDING RESOLUTION NO. 88-562 ADOPTED JUNE 91 1988 WHICH HAD PROVIDED FOR DEVELOPMENT OF IMPROVEMENTS IN THE AREA AT THE SOUTH END OF KENNEDY PARK KNOWN AS THE U.S. SAILING CENTER THROUGH A UNIFIED DEVELOPMENT PROCESS; AUTHORIZING THE CITY MANAGER TO HOLD COMPETITIVE NEGOTIATIONS FOR A MANAGEMENT CONTRACT WITH A FIRM TO DEVELOP, OPERATE AND MANAGE AN OLYMPIC SAILING TRAINING FACILITY AT SAID LOCATION. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: You're not in any way spelling out what the Manager would negotiate? Mr. Ruder: Right now there is a group there that has a revokable permit that is being extended on a month to month basis. 0 Commissioner Plummer: I understand that. Mr. Ruder: We're going to develop criteria which the Manager will use... Commissioner Plummer: set to use as a basis? Mr. Odio: Right. He then, you will develop the criteria in which he will Mr. Ruder: Right, with the concurrence of the l-aw department. Commissioner Plummer: And it will come back before this Commission. Mr. Odio: Yes.'` Mr. Ruder: Yes. The group that he selects and the contract will come back for final approval. Mr. Odio; I have to do competitive, whatever they call it, selection. - >: Commissioner Plummer: OK. S: 247 July 124 19jo = ry Mr. Odio: them. X pp ya'ri,( �4 ,;, . _ i$ifY3YY3itiYiY4fiY.Y'i�t �NYYSLNI➢ttYliiiYG .. �.r.—�.�ufYSi,wiiY3LL.'i4i.ftl4�iYiJiY.L3rr ' 3i�i`iiiL$'�"1Gbd-iiiialC ..... u .... ......0 ... .. ...„ -.. ... ,. .._.. ..... -.-.. - �. _.. _ S4. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OP EAST LITTLE HAVANA HIONA�r x IMPROVEMENT (H-4481).= :,, "•.i:.fitf.{`iGGYi'w'.iidGr�iifYl4i...rGi1�rYli.iYWYif..iNY.Lwiiiii�iiG�Jiiil:r�YfiMirJ.ii.iL'G.i," Mr. Odiot Mr. Mayor, there are three items that are revenue producer* that I ' would like, assessment roll. r F Mayor Suarez: OK. Mr. Odin: Fifty-four, fifty-five and fifty-six. I` Mayor Suarez: OK. Fifty-four is what, Mr. Manager? .' Commissioner Hummers How are we supposed to keep with this damn... k Mr. Jim Kays Fifty=four is the... Commissioner Alonso: Fifty-four? — Mr. Odio: Confirming the assessment roll for the construction of Little Havana Highway improvements. Commissioner De Yurre: Move it. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? Mr. Fernandez: It's a public hearing, Mr. Mayor. Mayor Suarez: Anyone wish to be heard on this item? Let the reflect no one stepped forward. Is it an ordinance, Mr. City Attorney? f Mr. Fernandez: No, it isn't. Mr. Odio: No. Excuse me, what does it mean removing all liens? Are Commissioner Plummer: we giving up money? Mr. Odio: No, we are making money. Mr. Jim Kay: No, we have pending liens properties when they are confirmed at a ready to put the certified lien on them, with the certified lien. missioner Plummer: But you don't state that here. You're just saying removing the pending liens, you don't say that you're going to put permanent liens. When you confirm the assessment roll, you immediately start billing° Mr. Kay: Yes, that's what happens. is Commissioner Plummer: That's what happens, but you're not saying it here. x All you're saying is removing pending. You know and I know that they get a lien immediately against their property or they should have. Mr. Odio: Well then, put it on the record. Commissioner Plummer: OK. Well, that's... r. Odio: They will immediately be billed. "£tYe That a it, �e I'm just asking for clarification. f. h r s s M 248 .Tiny- 1'4 L as �t>titaiislt t�itar pluinnert OK. Not nacastaarily as a lion. It they paj iti Y" w' dou't put a Tian. } Mr. Odiot It they pay, you don't put lien. Mr. Kayt I think the first section stattea this, It says, *The prime faibrta ;> assessments as apportioned and indicated on preliminary assessment roil fat east tittle Havana .Highway improvement district in all things, confirtiaed and _ sustained for any and all lots or parcels or ground described therein." Commissioner Plummort But you don't place a lien if they pay it? ;. N4 Mr. Odio: No. t� Mr. Kays Bending is removed but the confirmed lien is, of course, placed. Commissioner Plummort But you do not put a lien if they pay it? Mr, Kays. Right. If they pay. i Mr. Odio: No. Mr. Kay: I'm sorry. r _ ' Commissioner Plummer: Thank you. ik Mr. Fernandez: Fifty-five. Mr. Odio: No. They didn't vote on fifty-four yet.: The following resolution was introduced by Commissioner De Yurre, who 4 moved its adoption: RESOLUTION NO. 90-554 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF EAST LITTLE HAVANA HIGHWAY IMPROVEMENT IN EAST LITTLE HAVANA HIGHWAY IMPROVEMENT DISTRICT H- 4487 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins 249 � aama�yar'.��+.�.�.xr.iu—.t. s::-r�+�.,a��1u.w+u...r.a..r..i.s.�.iir�.�.wz .rw+racuium .r.tmuaearr..i+..•..r r.dax; . . _...--- --- _ -.: 55, CONFIRM ASSRSSMENT ROU FOR CONSTRUCTION Or CITMDI SANITARY S It - �IMPROVEMENT - N.W. 47 AVENUE (SK-55 21;-C - CRNTERLINR SEWERS), Commissioner De Yurre: Seventy-six. Sorry, you need to do fifty --five. Mr. Odio: Fifty-five is confirming the assessment roll for Citywide Sanitary Sewers. Commissioner De Yurre: Move it. # } Mayor Suarers So moved. Commissioner Plummer: The same stipulation, I second., Mayor Suarez: Seconded. Any discussion? if not, please call the roll. — Mr. Fernandez: Public hearing. Mayor Suarez: Does anyone wish to be heard on this item? -fifty-five. Let the record reflect that no one stepped forward. Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-555 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR -. CONSTRUCTION OF CITYWIDE SANITARY SEWER IMPROVEMENT - N.W. 47 AVENUE IN CITYWIDE SANITARY SEWER IMPROVEMENT DISTRICT - N.W. 47 AVENUE SR-5521-C (CENTERLINE SEWERS) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. _ (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 J. L. Plummer, Jr. Commissioner Miriam Alonso; Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 56. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF EDISON HIGHWAY IMPROVEMENT - xf - PHASE I (BIDS A, B AND C) H-4494). A Mr. Odio: And fifty-six is the same. Commissioner De Yurre: Move it. ".d Commissioner Plummer: Second. t, Commissioner De Yurre: Public Hearing. Mayor Suarez: Moved and seconded, any discussion? to this one a public hearing too? Mr. Fernandeza Yes, it is. f 250 July 12# iot QLXI S { 11 f s Mayor Saar6ks Anyone Wished to be heard on this item? Let the record reflect that no one stopped forward. Call the roll. w=. Mt.a rt91;,.a�.,d sau.;iiitiestt wes� 4"ftrndttead htv Coteroiaaionar Do Turra. wh6 moved its adoption: RESOLUTION NO. 90-556 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF EDISON HIGHWAY IMPROVEMENT - PHASE 1 (BIDS "A", "B", & "C") IN EDISON HIGHWAY IMPROVEMENT DISTRICT Hr-4494 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (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 votes - AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. - Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez isa NOES: None. ABSENT: None. - 57. (A) CHANGE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 13 TO NOW TAKE PLACE ON SEPTEMBER 6, 1990. - (B) APPOINT INDIVIDUALS TO SERVE ON COCONUT GROVE STANDING FESTIVAL COMMITTEE (Appointed were: Randi Ratiner, Steven Hyatt, Ted - Stahl and Twyman Bentley, Jr., and Emilio Callejas). - (C) DISCUSS AND TABLE PROPOSED CHANGE OF DATE FOR UPCOMING CITY - COMMISSION MEETING. _ ----- . ---- ------ ---------------- ------------------------------------ Mr. Odio: Mr. Mayor, you need to change the schedule of the meeting of September 13th..., Commissioner Plummer: To what? a Mr. Odio: ... to the 7th. Commissioner Plummer: Why?_ Mr. Odio: Some of the Commissioners won't be in town that week. i Vice Mayor Dawkins: You know, it's amazing. I mean, I go along with my fellow Commissioners... Mr. Odio: But... I believe... Vice Mayor Dawkins... I don't care what, but you know, this is a scheduled meeting every second and fourth Thursday, and in the last sic months, valve changed the meeting date almost every month. $xw Commissioner Alonso: That's right. Commissioner Plummer: You're one of the ones that are out of town that day. Vice Mayor Dawkins: Somewhere along the lines, we're going to have to wake up � our minds either it's in the charter that you meet every second Thursday* *r It is. f Commissioner Alonso: What is the new date?` 251 July '14 14 444 x+ i t .S� �r € .i k -W? x. Comissioner Plummert I don't know. Commissioner Aloneos What date? The 13th? tea= ios3 Mayor baMkinns I don't care who it is. I don't mean. , . if I'v+a to It � ., 'scineplace, you don't have to change the meeting date, I'ta just Abs4bt. t - f;,>> Mayor' "Suarers All right. Does the Commissioner that needs to hwa that changed want to identify himself or herself at this point?- to we can decide whether it's worth changing or not. Commissioner De Yurres I would move it. '• Mayor Suarez: OK. � Commissioner Alonso: I'd like to know exactly when is it going to be? fibs yY` lath? Commissioner De Yurres No, the 7th. _ Commissioner Alonso: The seventh? ` Commissioner Plummer: The seventh, on a Friday? '- Vice Mayor Dawkins: Yes, on a Friday._ Commissioner Plummer: No, no. - Commissioner De Yurre: Well, let's make it the 6th. The 6th is OK? Vice Mayor Dawkins: The 6th, OK, another Thursday, yes. - Mayor Suarez: All right, September 6th for the first meeting in September. Mr. Odio: And we have the budget. _ ".- Mayor Suarez: I'll entertain a motion on that. - ;- �:,,. Commissioner De Yurre: Moved. Vice Mayor Dawkins: Second. " Mayor Suarez: Seconded. Any discussion? If not, please call the roll. A. The following motion was introduced by Commissioner De Yurre, who movedk its adoption: MOTION NO. 90-557 A MOTION RESCHEDULING THE FIRST CITY COMMISSION ` MEETING IN SEPTEMBER PREVIOUSLY SCHEDULED FOR SEPTEMBER 13, 1990 TO NOW TAKE PLACE ON SEPTEMBER 6, ; 1990 (BEGINNING AT 9:00 A.M.). z Upon being seconded by Vice Mayor Dawkins, the motion was passed and �. adopted by the following votes f� ..r, • 3 A AYESs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso _ Vice Mayor Biller J. Dawkins a r-. Mayor Xavier L. Suarez NONst None. ABSENT: None. flay- S uareas Other items from the Administration? Can we have some .,1 .: appointments for the Festival Policy Committee. Does " any►oae he►va ". nominations ready at this point? 252 July y n �r F -( -- Rip j +codas ioner De Yurre s 1 nominate 9nil ib Cal of ae . f s' 1A— Camioaloh6t Alonso: f move. what names you suggested? Leslie... R�3 3 fGc i mayor guarea3 kmilio Callejas. = Mr. romanders Mr. Mayor, point of order. I have been informod that Metropolitan Dade County is having its Commission meeting on the kith also and I've been told by people who know more that conflict cannot exist to law. Vice Mayor Dawkinss All right. Oo back to the 5th. Move it back to the 5th. ;3 $- Commissioner Piumtnerc you mean we can't meet the same day as the County � Commission? Well, tell them to change their meeting.J',7 5'�Qp Mr. Robert Clarks It'si a problem with the budget hearings. d-. t ' Commissioner Plummer: No, their normal day of meeting is on a Tuesday, now, �= why are they picking on a Thursday? Mr. Odios That's budget... °i Vice Mayor Dawkins: And our regular meeting is a Thursday. Commissioner Alonso: Right. Commissioner Plummer: Why can't we have a meeting the same day? Mayor Suarers Mr. City Attorney, would you clarify that for the 26th, we can _ always switch, that's a month and a half away, please. Mr. Fernandez: Yes. I'll clarify it on the 26th. It's news to me, I'm just - going by... Mayor Suarez: It's news to everybody apparently. All right. We have which item? Commissioner De Yurres No, we're naming... Mayor Suarez: Of the appointments of the Festival Policy Committee, does anybody have any appointments so that we could get that committee functioning?- They've been waiting for suggestions. Ms. Mary Weber: In response to your question, Mrs. Alonso. Commissioner Alonso: Yes. Ms. Weber: Leslie Lilly and Ted Stahl and Cynthia Shelly. ;. Commissioner Alonso: Those are names they suggested. Mayor Suarez: Not yourself, you didn't want serve on it? - Mr. Fernandez: What item? No. Weber: No. Commissioner Plummers What are we talking about, I'm sorry. s- 6� Commissioner De Yurres The five.; Commissioner Alonso; The appointment...79 Commissioner Plummer: The five, you want my name? k s' ; Commissioner De Yurres You have it?'_ Commissioner Plummer: Randi Ratiner. yl 0. Mayor Suaress Randi Ratiner. You want someone from the Jaycees? Mr. Chris Korge: Steve Hyatt, if... the president. 'q' v' 253 zt iy ; it -to= �- J t , MAy6r lul armti till nominate Steve. What's hit last tiame? �z h Mr6 korga t Hyatt. Mayor Suarow Hyatt. } Commissioner De Yurre, Ott, so we need two more. COM16sioner Alonso: Yes.:: n - Mayor Buarett You're going to nominate one of the residents? ,.. Commissioner Alonsoa Which one would you rather. Yee, one of them. Which one would you rather have of the three names. Mayor Suarese Give us a name out of the three, don't complicate it for us 4 here. Anyone other than Ted Stahl is acceptable. Commissioner Plummer: That simplifies it. Ms. Weber: Ted Stahl. - ..'. Commissioner Alonso: That's fine. Me. Weber: Thank you. Commissioner De Yurre: Miller, you had someone? Mayor Suarez: OK. 4 Commissioner De Yurre: You've got one more to go. € Mr. Fernandez: I'm sorry, I didn't get that name. s Commissioner Alonso: Ted Stahl. Mr. Fernandez: Ted Stahl? ' Commissioner De Yurres Stahl Carpeting. Mayor Suarez: See, they want the whole thing not to be able to come to a x; screeching halt, is what they want it to do. t,.'. Vice Mayor Dawkins: What's that guy's name that was the accountant standing up there, telling me, he is a runner? Mayor Suarez: The Black accountant? Vice Mayor Dawkins: Yes. David L. Deal. >; Commissioner Alonsos L what? ' Vice Mayor Dawkins: David L. Deal. Mr. Fernandez; Got it. `y Commissioner De Yurre: That's his appointment. W.- c Mr. Fornandets And yours? + +` s ,:. Commissioner De Yurre; Emilio Callejas. Vice Mayor Dawkins: No, no, this is not the one then. This is not the one. � I'll give you the name tomorrow. a' Commissioner Do Yurre: OK. I move these names. Mayor Suarez; OK. Move those names with the nomin^tign or appointment Ties, Mayor Dawkins to come by later submission in writing. Cali the roll, IF ec// Jul. a 'fi i�istu hT O_K 3 The following moved its adoption3 o S E resolution was Introduced by C6Wi88i6ner DO `futf6s Who RESOLUTION 146, 90-558 sg 4, A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE COCONUT GROVE STANDING FESTIVAL COMMITTEE. (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENTS None. COMMENTS MADE DURING ROLL CALLS Vice Mayor Dawkins: I have a name: Twyman Bentley, Jr. Mayor Suarez: That sounds right. Vice Mayor Dawkins: Thirty-three forty Florida Avenue. Mayor Suarez: That was the name. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: For the record, Gloria Perez, of my office is a grandmother of Lauren Nicole Hay, as part of the record, which she will now cherish until the day she is an adult and then she'll say, "Why did we ever do that?" Just for part of the record. NOTE FOR THE RECORD: COMMISSIONER PLUMMER ANNOUNCED THAT GLORIA PEREZ, OF HIS OFFICE STAFF, HAD JUST`` BECOME THE GRANDMOTHER OF LAUREN NICOLE HAY. - Ms. Mary Weber: Mr. Mayor, could you list us the names of the people on the committee for us so we have the... Mayor Suarez: The City Clerk will give you the names, assuming the City Clerk got them which is a difficult... Commissioner De Yurre: Yes, and the meetings are every day Monday through Friday from 9:00 to 2:00 in the afternoon. Me. Weber: Thank you. Commissioner Alonso: Seventy-six, can we take... Mayor Suarez: What's item 76? Mr. Korge, I see you begging. T' ,. Commissioner Plummer: If you think I'm ever going to serve on another one of those committees, you're crazy. Mr. Jorge Fernandez: Mr. Mayor, I can tell you right now the reason why you cannot have the meeting on the sixth. According to Florida Statute, Chapter 200, it says that the hearing dates scheduled by the County Commission and this is in reference to budget... u< t * tt _ � f Zyxy., +` ..1 {MY P!^P?Wn#"t*•ftapTe �'�41# � +#a4. Mayor uarea: Because it'a for the budget? -to that why? Mr, rornandett , .. and School hoard shall be not utilisted by any ogler tmifig authority within the County for its public hearings. f Commissioner De Yurre: Move to change it to the Sth. 97 Mayor Suarez s dtt. Mr. Fernandez: No, you cannot have it the Sth or the 6th. The Sth, the ty School Board is having it, the 6th, the County is having it.� Commissioner De Yurre: How about October 32nd? ray Commissioner Alonso: So, we cannot have it the Sth, the 6th..._ Mayor Suarez: How about the 7th? I know it's Friday, I know Commissioner Plummer doesn't particularly like it, but... Commissioner Plummer: No, no, no, not on Friday. x..:` Mayor Suarez: How about the Sth, which is Saturday? ' Commissioner De Yurre: How about the 4th? Commissioner Plummer: I can't do it - on the 4th? F Mr. Odio: You need to - let roe - you need to see the budget so the workshop _ and that week that we would have picked the 4th and Sth and 6th as budget workshops. Commissioner Plummer: Well, let me ask this question. Hold on, let me ask - this question. Since the primary purpose of this Commission in September is budget, why can't we do a sneaky Pete and have two meetings on the 27th of the - Commission? One in the morning and one in the afternoon because our main - thrust is, in fact, budget during the months of September. Mr. Odio: I'm willing to try it, but we have a whole month of recess, which I don't know what is going to accumulate. Mr. Fernandez: And, also, I'm looking at the legality of having the two separate public hearings that the budget requires, on the same day and all the notices that must be given. -- Commissioner De Yurre: Well, why don't we, the next Commission meeting on the r� , 26th come back and make a suggestion? Commissioner Plummer: Where in the hell are you going is so... `- Commissioner De Yurre: Say what? Commissioner Plummer: Where are you going? Y. Commissioner De Yurre: Places. :- Commissioner Plummer: I thought the world championships were over last Sunday.- . Mayor Suarez: OK...**SS- 1 K Commissioner De Yurre: Well, item 76. Mayor Suarez: If we can't agree on a date, we'll just have to leave that pending. Mr. Fernandez: No, you need two separate days because the Statuto is clear, �. again, Chapter 200, says and gives you guidelines that it cannot be less than 5 lc— two days nor more than 5 days after a certain day. There is a whole process r'= that must be observed because you'll be dealing with budgets. t.- Mr. Odio: If you did it on the 20th... t, 2 d July i 2 R l� Co issiofter be Yurre: `y xw° s j TIN L- Hoer about the 25th7 The 25tht Mr. Odio: Twenty fifth and 21th. You need time to look at this. _ Mayor Suares: Twenty=fifth and Lyth of? Commissioner be Yurraa of September. Mr. Odio: Twenty-fifth and 27th. ;w Vice Mayor Dawkins: I don't care how much I look at it, it von't change Commissioner De Yurre: Seventh. Mr. Odio: Twenty-fifth and 27th. Commissioner Plummer: Mr. Mayor, could we come back at the next meeting and do it then? Mr. Fernandez: Yes. Mayor Suarez: And really, consider September 7th, if you can, J.L. Maybe your brother will take pity on us and figure out something because it sounds k t€ like about the only available date around that time. z— Mr. Odio: Mr. Mayor, we have item from 31 through 35 which are law enforcement... Commissioner Plummer: You got eight minutes. Mayor Suarez: OK, item... Mr. Odio: Thirty-six, I mean, thirty-six. Commissioner Plummer: Oh, just for the record, you better advise Code Enforcement Board that yesterday in my home on Channel 43 of cable television, _ I heard their entire proceedings. Mr. Odio: I'm going to disconnect their cable, I'm telling you. Commissioner Plummer: No, no, no, I'm telling you, they better be aware that every word they spoke yesterday came through on channel 43 of cable. OK? Mr. Odio: That's the ones that are watching you now. Mr. Fernandez: Mr. Mayor... 1" Commissioner Plummer: No, that don't work. - NOTE FOR THE RECORD: At this point, Commissioner J.L. Plummer informs the City Manager that the Code - Enforcement Board meeting on July 11, 1990 had been :_- telecast live on Channel 43, and requested that the Board Chairman be informed. Mr. Fernandez: ...there are two items that you must address with sae today. P '. Those are 25 and 26. if you expect to have charter amendments in November.., n Mayor Suarez: All right.: Mr. Fernandez: ...this is your one day that you can do it. Mayor Suarez: All right. off the dAis and all of that It sounds like a plea, like you'rs ready to -gall i We're going to try to got to that. F t Ufa- 6Y S 257 July 124 1910; till x - - 06mishi6hoir iumweers Leta deny them both, tor. Odin: J.L. don't miss 36, please. xK r.1.a —�—'°fr�aww:7PiifaYsiYiY..... IiYYIYfY��.iiiifiiiYaiGii..'. '. _...<- ....,.��:. . _:..... r:iWiM1wifiii "''..•,. ••. '..•"•..-i4WwrlYsvi.i.aii.AiW�111iiwYil.aY�ii'ii •. 1.�_ � 50. AUTHORIZE AMENDMENT TO CONTRACT WITH SPBCTACOR MANAGEMENT GROUP, INC. X FOR MAXAGHMENT AND OPERATION OF MIAMI CONVSMTION CENTER FOR ONE MORE =� YEAR. a Y..a.m..wrra.wa+..�a.r:t —...-_w.►.:. .ra... ..:iu..r—..a.+.....-------s�.r+����ir...i...c�..r.r....r��r....+...ra.i.w..r.av Mayor Suarez: I have been advised by Commissioner De Yurre that people on item 76 have also been waiting all day and there's outsiders interested in this. Does anybody have any problem with item 76? Is it a controversial t77 can we... - Commissioner Plummer: Yes, I do. Mr. Odio: Yes, Plummer had problems. Mr. Jorge Fernandez: ...drive me crazy. - Vice Mayor Dawkins: Seventy-six, what is 76? — Mayor Suarez: It is the management contract... Commissioner Alonso: Contract. Mayor Suarez: ...for the operation of the Miami Convention Center. Vice Mayor Dawkins: You don't want the guy within a hundred feet of you? - Commissioner Plummer: No, I just think that we can do better and I'm willing to make an amendment that, instead of a two-year, that we make a one year and during that period of time... Mr. Odio: Fine. - Commissioner Plummer: ...we can go out with an RFP and see if we can do - better. If we can't, then give them the additional year. u- Mr. Odio: OK. Chris Korge, Esq.: No, I understand, but I want to make sure I understand you. Are you saying it's one year with the option for another year if the. City wants to keep that relationship? K Commissioner Plummer: That's correct. Now, Mr. Mayor, would the City Commission like to entertain, and I would use this as an alternate, that this Spectacor make a proposition to this City in which they would take over the '- full responsibility... - Mr. Odio: They cannot do it, they have to go on an RFP. - Commissioner Plummer: Well, maybe the RFP could say this. That they go out with the full responsibility and give the City an annual guaranteed minimum - return? OK? Now, I don't know whether the Commission feels that that would be beneficial. But we're talking about a budgeted item of over - -Mr. Manager - over two million dollars? It's a budgeted item for over two -7 F million. Mr. Odio: Yes. Commissioner Plummer: So, I'm saying is, here's a chance to reduce the budget crunch by 82 million in which they will come in, if they want to propose ouch, make a presentation to the City, take over, in its entirety, and make an rte annual guarantee return to the City. I think it's worth exploring. That's why I wanted to go to the RIFF. That I think that we ought to, its the RYPI give all of the bidding people the right to take either alternative. AAd:iet the City choose which they feel is best. 258 JOY 12, 4910 fi qi W WWI 'Z Mrs Odlat Edo for on* year andi i . Commissioner Piumert too, in other words... f. Mrs Korget One year with an option in case the City wants to keep##.AM Mr. Odiot We are saving $60,000 this year. zN Commissioner Plummets We're saying, two years. One year with a one year option and the City, during that period of time, would go out with an M to see if there's an interest to give the City a better deal. r Mr. Korga: And with the new deal, the City saves sixty... '.. A Mayor Suarez: Yes, let's not cloud the issue and confuse. The one year option is at both our option and theirs, so it really isn't anything. It's just sort of a... Commissioner Plummo r: It's a one year deal. - Mr, Korge: Well, it just precludes... Mayor Suarez: It's a one year deal, it's a one year deal and we're looking to have a possible change in the format of the RFP to see if... Commissioner Plummer: Excuse me, there is a difference, Mr. Mayor. If you ;- don't say, with a one year option, then you cannot automatically renew. Mr. Korge: Exactly. Commissioner Plummer: With it stipulated here, it's the one year option. We - could renew if we ran over deadline. Mayor Suarez: It sounded like you not only didn't want to renew, but you wanted to go to a whole different functioning... Commissioner Plummer: Maybe I do. Mayor Suarez: Yes. Commissioner Plummer: But I'll never know without a bidding procedure. And "- do you have any problem with them coming back - all bidders coming back with a two pronged approach? You understand what I'm saying? One is the present set up, the other one is where they would come in, take it over in its entirety... Mayor Suarez: Have a minimum guarantee. Commissioner Plummer: And a minimum guarantee and take over $2 million off - the City budget. - Commissioner De Yurre: How many tickets do we get then? k- Commissioner Plummer: Oh, no, don't do that to me again. Mr. Korge: No, but then there's no tickets. Commissioner Plummer: Please. r' Mr. Korge: And the City has saved $60,000 on this new arrangement, I just want you to know. }" } Mayor Suarez: OK, but are you saying that that would take effect at the end of the ear? I mean, that possibility? Y Y Commissioner Plummer: No, sir. Well, after the City has evaluated the �u proposals, we would choose the one that is best advantageous to the City. Mayor Suarez: Building that in to today's vote. Y; Commissioner Plummer: Yes, or we can go back with these people. I'm sire : they're going to bid. There's no question they're going to bid, �Y i rr -V k. 259 July: 1pi1: d B Mayor Iutratt 06 what are we doing by today's vote thatit Mr. Odi6i What you're doing is... Comisti6fter plummert Today0a votes we are extending their contract, which they've been With6Utf for another year. Mayor Suatett Whits we c6haider what you're proposing. Comisalonor Plummort 'That's correct. Mr. Odiot Right, but it's $60,000 lower than this year. Mayor Suarezi All right... Mr. Korget gut there is an option for a year if the City wants to extend it. It's going to be the City's option. Mr. Odio: That's right. Commissioner Plummer: That's right. Mr. Mitchell Saueres Could I help explain the Commissioner's comment, the need to study. My name is Mitch Sauers, I'm with Spectacor Management. The 4 reason for the need to study the option is that it has many repercussions in our world of doing business. They may have some impact in terms of how the Convention & Visitors Bureau books the facility so that if a private entrepreneur was to take over that risk of the $2 million, it has lots of repercussions and I think what the Commissioner is saying is, the City may choose to do that or may choose not to do that. Because there are percussions beyond affecting us, they affect other departments of the City. Mayor Suarez: I would have thought that all of that would have been studied prior to today, but at this point... Commissioner Plummer: Well, I think of the $2 million dollars, we have to remember that over $600,000 of that is just a pass through. Mayor, Suarez: Sure, I mean it's not just going to go away. All right, we have a motion. Do we? -on that basis and a second? Me. Hirai: Yes, air. Commissioner Alonso: Yes. Commissioner Plummert I'll move it. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution and motion were introduced by Commissioner Plummer, who moved their adoptions RESOLUTION NO. 90-559 ` A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE k AN AMENDMENT TO THE AGREEMENT WITH FACILITIES MANAGEMENT GROUP, INC. (P14G), AKA SPECTACOR MANAGEMENT GROUP, INC. (SMG) DATED APRIL 1, 1982, IN SUBSTANTIALLY THE ATTACHED FORM, TO OPERATE AND MANAGE THE CITY OF MIAMI JAMES L. KNIGHT CONVENTION CENTER, COMMENCING JUNE 15, 1990 AND TERMINATING ON SEPTEMBER 30, 1991, WITH AN OPTIONAL ONE (1) YEAR RENEWAL TERM. (Here follows body of resolution, omitted hero and on file in the Office of the City Clerk.) 200 Jul i Yrt F . c ,•.'.. xif re , z�,b ti .yam+ ��7 �y� k fix$ .. 5 .a. i MOTION NO. 90-550.1 �.. A MOTION AUTHORIZING AND DIRECTMO THE CITY MANAftR TO 5 ISSUE A R]tQtMST FOR PROPOSALS FOR TITS MANAC SHM AND OPERATION OF THE MIAMI CON MTION CENTER, SUCH =�f PROPOSAL TO CONTAIN A PROPOSED ANNUAL GUARANTEED s . MINIMUM RITURN TO THE CITY. Upon being seconded by Commissioner Alonso, the resolution and motion were passed and adopted by the following votes =- AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso `4 Vice Mayor Miller J. Dawkins_ Mayor Xavier L. Suarez NOES t None. '- ABSENT: None. Mr. Odio: Wait, wait 36... #; Commissioner Plummer: Good night. jr. Mr. Odio: Could we do 36, Commissioner?t 45 Mayor Suarez: For the administration, which item had to be done? Mr. City_ 2. Attorney, you had insisted on one and I... Mr. Odio: Thirty-six is important for the Police Department. Mayor Suarez: I'm sorry. _ Commissioner Plummer: Just for the record, I want to clarify that the City Manager has broke the policy of this Cosmnission... �41 ` Mr. Odio: It's two minutes left. Commissioner Plummer: ...that said that there shall not be an agenda with y more than 60 items. ' Mr. Odio: I did. k Jg= Commissioner Plummer: This one has 80. Uy_ Mr. Odios I have to apologize. = 4` Commissioner Plummer: Just for the record, Mr. Manager. Mr. Odio: No, it had 69 because you had to take the withdrawals out. But we did exit by 9:00. Commissioner Plummer: Yes, don't ask me to comment on that. T r. Mr. Odio: I won't either. s�. is K� 1 x- - s; +aa, �4 xrr� �q! 1 261 July 121 ,4�?�� rd AN C Commissioner Victor be Torre Commisai6fter J. L. Plummer, Jr. CoMmiksiobat Miriam Alonso Vida Mayor Miller J. Dawking Mayor Xavier L. Suarot None. ABSENT: None, ----------- - -------- -------------- 60, DIRECT CITY ATTORNEY TO DRAFT A PROPOSED CHARTER AMENDMENT No. 2 IN REGARD TO SETTING THE CITY COMMISSIONERS' SALARIES IN SUBSTANTIAL ACCORDANCE WITH STATE LAW PRESENTLY CONTROLLING SALARIES FOR COUM COMMISSIONERS OF NON -CHARTER COUNTIES. Mr. Jorge Fernandez: And then, the other one is the... Vice Mayor Dawkins: It's 9:00 o'clock. Mr. Fernandez: there be on Commissioners. HS ....and the other one is Commissioner Plummer's request that the ballot next November, the Issue of salaries for the Mayor Suarez: As set by State law? Mr. Pernandezt Set by State law and the like. here. On the 26th... Commissioner Plummer: Hub? And we have stipulated that Commissioner Alonso: I don't think this is the right time... Commissioner Plummer: but... Well, bey, you know, I guess it's never the right time., Commissioner Alonso: I know. Vice Mayor Dawkins: Move It, if... Commissioner Plummer: I'll move it. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? roll on that. The wording on the charter amendment. wording just yet, are we? Bob Clark, Esq.: No, just the preliminary to it. Mr. Fernandez: Preliminary. On the 26th, you will get the final. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-561 A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT A CITY CHARTER AMENDMENT TO BE KNOWN AS CHARTER AMENDMENT NO. 2 FOR REFERENDUM ON NOVEMBER 6, 1990, IN REGARD TO SETTING ANNUAL SALARIES OF CITY COMMISSIONERS IN SUBSTANTIAL ACCORDANCE WITH STATE LAW WHICH PRESENTLY CONTROLS SALARIES FOR COUNTY COMMISSIONERS OF NON -CHARTER COUNTIES; APPROVING THE FORM OF THE BALLOT QUESTION IN $All) REFERENDUM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) i f f eF " (it$wi.ate:i5iii9asciW.:1.ii[iai.ww�liYiYil..iiYti.d.i4iLY'.iiliGidDlriii/iiiLli.ililiiiiilKLG�iIt�..uilfliiiiia(GXttlfYyicd4 •.'.�W. "' ii'iiYY.:rd�rbiiwdiiYii�3t'afY DIMCT CITY ATTORNEY TO DRAFT A PROPOSED CHARTER AMMO NO. I IN 920ARD TO A CITY COMMISSIONER SERVING ON THE Orlt-STPAJIT PARKING BOARD AS A MEMBER AND RX-OPPICIO CHAIRPERSON WITH THE RIGHT To VOTI. : �, iiasY+Y.iJirrYrc4YiiJii.Ya�r(Yi'ii�.•"••...'•i�11��rr�ifi�i'iY�tir—r.rrrrrrrw.rrw.rwrww�.rY.rrr.w.f.+wil.�i.4�i.N.i..:i.Y3irLia'rliri�-r'iiw Mayor Suarez3 Mr. City Attorney, you had mentioned - now I remember the items - - that have to do with charter amendments. I think Commissioner Plummer was one - was pushing for one to be on the ballot. Do we have to act on it today? � ft° . Mr. nrnandez: Yes, Commissioner Alonso had asked us to prepare one. ` Mayor Suarez: Which one was that one, Commissioner Alonso? Mr. Fernandez: Twenty-six, item 26 deals with a proposed charter amendment where a member of this Commission would be the chairperson of the Department of Off -Street Parking, of that board. - Mayor Suarez: Ah he. - Mr. Fernandez: That needs to go to referendum and we have prepared and distributed to all of you that material. - Vice Mayor Dawkins: Move it. Commissioner Alonso: Second. x` Mr. Fernandez: You have to instruct me today by way of resolution. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved and seconded. Any discussion? Mr. Fernandez: And then, on the 26th, I don't need to read it, it is in your package, and basically that's what it does. It creates a sixth position and that would be... Vice Mayor Dawkins: Call the roll, Madam Clerk. Mayor Suarez: We're in agreement. Mr. Fernandez: OK. And then the next - oh, call the roll on that one. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-560 A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT A _ CITY CHARTER AMENDMENT TO BE KNOWN AS CHARTER AMENDMENT NO. 1 FOR REFERENDUM ON NOVEMBER 6, 1990, IN - REGARD TO A CITY COMMISSIONER SERVING EX OFFICIO ON THE OFF-STREET PARKING BOARD AS A MEMBER AND -_ CHAIRPERSON WITH THE RIGHT TO VOTE; APPROVING THE FORM OF THE BALLOT QUESTION IN SAID REFERENDUM. ,+ (Here follows body of resolution, omitted here and on z file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed- and adopted by the following vote:? 262 f F F { F J , 1 ,.. J x ' Upon being wotide+d by Owatasiotier bivkinst the resolution wka pdsked dttd Adopted by the following vote : - k 4_ Allot Commissioner Victor De Yurre ` Commissioner J, L. Plummer, Jr. Vice Mayor'Miller J, Dawkins Mayor Xavier L. Suarez E.. 1M0$S: Comm issioner Miriam Alonzo R ASSENT: stone. F— CAS MADE DURING ROLL CALL: Commissioner Plummer: Just for the record, this was a recofthendation of the Miami Herald in their editorial. Let's see if they have any power. I vote_ yes.- Commissioner Alonso: No, I don't think it's the right time. Mayor Suarez: I'm not sure it's the right time either, but I suppose the _— voters will decide that better than us. Mr. Fernandez: Thank you, Mr. Mayor. ---------- ----- 61. ACCEPT BID: PHOENIX WORLDWIDE INDUSTRIES, INC. - FOR PURCHASE, STORAGE AND MAINTENANCE OF ONE INVESTIGATIVE VEHICLE FOR POLICE DEPARTMENT. Mayor Suarez: Mr. Manager, you had a law enforcement trust fund item? Mr. Odio: Thirty-six is important. — Mayor Suarez: Is that the most important of all because we're at 9:01. Commissioner Plummer: No, no, it's after 9:00 o'clock. 4=. Mr.. Odio: It's a police van. Commissioner Plummer: You don't have a quorum. Commissioner Alonso: Oh, the one that we need, 36. Mayor Suarez: OK, as to item 36, I'll entertain a motion. i Commissioner Alonso: Move it. K`. Mayor Suarez: Moved. -: Commissioner Plummer: I'm not here. Commissioner Alonzo: Oh, come on. Mayor Suarez: I understand that to be a second of a motion. a N4 Commissioner Plummer: Let me tell you, if I don't move this, the bomb squad will be at my house. I second the motion. ^; Mayor Suarez: Call the roll on 36 and then we're adjourned. i4 Seta• (1 t: el 204 .iuly 12f 1990 The following resolution van introduced by Commissioner Alonso, who Moved its Ndopti6at RESOLUTION NO. 90-562 A RESOLUTION ACCEPTING THE BID OF PHOENIX WORLDWIDE INDUSTRIES, INC., FOR THE PURCHASE OF ONE (1) INVESTIGATIVE VEHICLE FOR THE DEPARTMENT OF POLICE AT THE PROPOSED AMOUNT OF $99,000 PLUS STORAGE AND MAINTENANCE ON A CONTRACT BASIS RENEWABLE ANNUALLY IN THE AMOUNT OF $8,100.00 FOR A TOTAL PROPOSED AMOUNT NOT TO EXCEED $101,100,001 ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND PROJECT NO. 690001 ACCOUNT NO. 290950-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, STORAGE AND MAINTENANCE AND THEREAFTER TO EXTEND THE CONTRACT FOR STORAGE AND MAINTENANCE ANNUALLY SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins. 62. WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS - APPROVE PURCHASE OF THREE INTOXILIZER 5000R'S FROM CMI, INC., (SOLE SOURCE VENDOR) - FOR POLICE DEPARTMENT / TRAFFIC ENFORCEMENT DETAIL, DUI SQUAD. Lt. Joseph Longueira: J.L., 51 I need for the DUI. It's the intoxilizer. Vice Mayor Dawkins: What is 51? Commissioner Plummer: For the DUIs. Lt. Longueira: That's the intoxilizer testing machines for the DUI squad. Commissioner Plummer: I move 51. Vice Mayor Dawkins: It's 9:02. Mayor Suarez: So moved. Commissioner Plummer: I move 511 Vice Mayor Dawkins: It's 9:02. Ms. Hirai: Miller, you second? Mayor Suarez: I understand that to be a second by Vice Mayor Dawkins. ,. Commissioner Plummer: You are going to be the first DUI they get. �k- Ms. Hirai; He seconded it, Commissioner. — Mayor Suarez; Please, please, please. Vice Mayor Dawkins: I second it, Mr. Mayor. �$ 265 July 12, 1990 Iva Mayor Suarez: All right, call the roll on item fifty... r Mr. Fernandez: And before you do, you have to call a public hearing. This is a a public hearing, fifty-one. Commissioner Plummer: I call a public hearing. Ali, Mayor Suarez: Does anyone wish to be... please, please, please. Does anyone wish to be heard on item - what was it, J.L.Z J r Mr. Fernandez: Fifty-one. Commissioner Plummer: Fifty-one. j Mayor Suarez: Let the record reflect no one stepped forward. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-563 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF THREE (3) INTOXILIZER 5000R'S FOR THE TRAFFIC ENFORCEMENT DETAIL FROM CMI, INC., THE SOLE SOURCE VENDOR FOR THIS EQUIPMENT, AT A PROPOSED TOTAL COST NOT TO EXCEED $15,000.00; ALLOCATING FUNDS THEREFOR FROM THE LASE ENFORCEMENT TRUST FUND, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. Commissioner Plummer: No, I got a problem with forty-nine. :`.....,_.,.:az�aayslri:rra.rr..r..rr..�.�r..:.++t..r:ia..a.�:.w::ia.'.a�r+�.ssir+a.r.,�„-:,..icy:.Gtrcrn�r:...y:�,a.c:r�+rcaw.r ..`..'. :•:..�viW:Piiu[.Y:wsaiYr-s -:. .,. 63. CONTINUE CONSIDERATION Or PROPOSED RESOLUTION WAIVING REQUIREI TS POR COMPETITIVE SEALED RIDS AND APPROVING PURCHASE Or POLICE PATROL DEPLOYMENT SYSTEM SOFTWARE FROM ANALYSIS CENTRAL (SOLE SOURCE VENDOR) To COMMISS1014 MEETING PRESENTLY SCHEDULED FOR JULY 26TH rirrir_riirr..rii�r.irrrr.rririiy+.Lr.Y.- wLr.iY'iia�ar.w.{cr�icwrrri�.i�iirr.�.rrrrii:�i.r.a�ri.rrrrr rw.ii.ii:riLiil: Mr. Odios Mr. Mayor, you need to continue 53, please because it... A Mayor Suarez: I'll entertain a motion to continue item 53. Mr. Jorge Fernandez: Continued to July 26th. Mr. Odio: July 26th. Commissioner Plummer: No, I got a problem with 49. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: OK, to continue 53. Moved by Commissioner Plummer. Seconded by Commissioner Alonso. We need to continue that item. - ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, ITEM 53 WAS CONTINUED TO THE COMMISSION MEETING OF JULY 26, 1990, BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. Mayor Suarez: got a... And I gather 49 is not a good idea to hear tonight, if you've Commissioner Plummer: No, I've got a problem there. Mayor Suarez: So, we're otherwise adjourned. TE = BRING NO FURTHER BUSINRSS TO COMB COMMISSION, THE NRSTINGG WAS ADJOUIUM AT 9:03 P.M. Natty HLrai CITr CLERK Valter J. Foealaa ASSISTANT CITY CLERK Xavier L. Suarez M A Y O R I IVCORP_��►N:1TE IB 96 AV 4, &. L 267 z: f BBFORB THE CITr ' s< N{ �7 4 r•rM ^ t. M1 E CITY OF MIAMI DOCUMENT INDEX mm"m &AM mw NO.. 1 Of July 12, 1990 6 ACCEPT DONATION OF A SYSTEM OF BUMPERS FROM THE ROUSE COMPANY TO BE INSTALLED BY THEM ALONG THE SOUTH QUAY WALL AT MIAMARINA TO REPLACE DETERIORATED BUMPER SYSTEM.(ESTIMATED COST $14,000) ACCEPT DONATION FROM CONTINENTAL PROPERTIES, INC. ($15,000)- FOR PROVIDING AND INSTALLING NEW SIGNAGE AND LANDSCAPING AT ENTRANCE TO DINNER KEY - IN CONNECTION WITH CITY'S IMPROVE- MENT TO PAN AMERICAN DRIVE, COCONUT GROVE EXHIBITION CENTER. - RENOVATIONS AND EXPANSION (415002). AUTHORIZE DONATION OF 10 CITY -OWNED BICYCLES (CATEGORY A STOCK) TO U.S. COAST GUARD GROUP. AUTHORIZE DISPOSITION OF CERTAIN CITY SURPLUS PROPERTY BY GIFT TO NEEDY ORGANIZATIONS. ACCEPT BID: BEST MAINTENANCE AND JANITORIAL SERVICE, INC.- FOR FURNISHING CLEANING SERVICES FOR VARIOUS EVENTS AT COCONUT GROVE CONVENTION CENTER. ACCEPT BID: SAFETY EQUIPMENT COMPANY - FOR FURNISHING ENCAPSULATED CHEMICAL PROTECTIVE SUITS - TO FIRE DEPARTMENT. ACCEPT BID: D.L. KIRBY - FOR FURNISHING AND INSTALLING PLAYGROUND EQUIPMENT AT WILLIAMS PARK - FOR PARKS DEPARTMENT. ACCEPT BID: MIRI CONSTRUCTION, INC.- FOR LITTLE HAITI C.D. PAVING PROJECT (341177) ACCEPT BID: JAPER ASSOCIATES LTD. - FOR JAPANESE GARDEN IRRIGATION PROJECT (SECOND BIDDING) ( 331317) AUTHORIZE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH FOUR NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS: (a) COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC.; (b) HAITIAN TASK FORCES (c) NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC.: AND (d) SMALL BUSINESS OPPORTUNITY CENTER, INC.) - TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS, ALLOCATE UND F S FROM 16TH-YEAR CDBG. Mcoo RESOLUTIONS 90-487 90-488 90-489 90-490 90-491 90-492 90-.493 90-494 90-495 90-496 ALLOCATE 16TH YEAR CDBG FUNDS ($227,000) (PREVIOUSLY APPRO-. 90-497 PRIATED BY ORDINANCE 10727) TO: (a) JEWISH FAMILY SERVICES, INC. ($55,000) - FOR CITYWIDE SENIOR CRIME WATCH PROGRAM; (b) TRI-CITY COMMUNITY ASSOCIATION, INC.($57,000) - FOR HOME IMPROVEMENT PROGRAMi (c) DADE EMPLOYMENT AND ECONOMIC DEVELOP- MENT, INC. ($65,000) - FOR GREATER MIAMI SERVICES CORPS: AND (d) BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC.($50 000) FOR LYRIC THEATRE REHABILITATION - EXECUTE AGREEMENTS.