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HomeMy WebLinkAboutCC 1990-06-07 MinuteshmL 1 r • OF MEETING HELD ON JUNE 7, 1990 REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL. MATTY HIRAI City Clerk a ITEM NO. 1. 2. SUBJECT INDEX MINUTES OF REGULAR MEETING PRESENTATIONS, SPECIAL ITEMS JUNE 7, 1990 -------------------- LEGISLATION PROCLAMATION, AND DISCUSSION 6/7/90 CITY COMMISSION EXPRESSES ITS DISCUSSION APPRECIATION TO WARNER -LAMBERT FOR ITS 6/7/90 DONATION OF $29,000 FOR CITY PARKS. 3. (A) COMMISSIONER DE YURRE REQUESTS DISCUSSION ADMINISTRATION TO PROVIDE A BIWEEKLY 6/7/90 REPORT CONCERNING THE LATIN QUARTER SPECIALTY CENTER. PAGE NO. 1 2 2-4 - (B) REQUEST MANAGER TO PROVIDE INPUT - - AND RECOMMENDATIONS CONCERNING REQUEST - BY METHODIST. CHURCH ON 14TH STREET FOR CLOSURE OF DESIGNATED STREETS. 4. CONSENT AGENDA 5-6 6/7/90 4.1 DESIGNATE THE ROYAL POINCIANA (DELONIX R 90-405 6 - - REGIA) AS THE OFFICIAL FLOWERING TREE 6/7/90 = - OF THE CITY OF MIAMI. 4.2 APPROVE PURCHASE OF FOUR PUREBRED R 90-406 6 GERMAN SHEPHERD DOGS FOR POLICE 6/7/90 DEPARTMENT. 4.3 ACCEPT BID: PHYSiO CONTROL - FOR R 90-407 6 FURNISHING BLOOD PRESSURE MONITORS AND 6/7/90 DEFRIBILLATORS rOR FIRE DEPARTMENT. 4.4 ACCEPT BIDS: (A) PB&S CHEMICALS, (B) R 90-408 6-7 REX CHEMICALS, AND (C) ALLIED UNIVERSAL 6/7/90 CORPORATION - FOR FURNISHING SWIMMING POOL CHEMICALS TO PARKS DEPARTMENT. -= 4.5 ACCEPT BID: MOTOROLA, INC. - FOR R 90-409 7 -- FURNISHING CONTROL STATIONS AND MOBILE 6/7/90 RADIOS TO FIRE DEPARTMENT. 4.6 ACCEPT BID: MOTOROLA, INC. - FOR R 90-410 7 FURNISHING 500 STX RADIO BATTERIES TO 6/7/90 POLICE DEPARTMENT. 4.7 ACCEPT BID: TELEVISION EQUIPMENT R 90-411 7 _-_ ASSOCIATES - FOR FURNISHING 6/7/90 _ COMMUNICATION HEADSET SYSTEMS TO POLICE DEPT. T� 4.8 AUTHORIZE FXFCU-jrIVE OF NON-EXCLUS I VF R 90-412 AGREEMENT WITH MIAMI RECYCLING CENTER, 6/7/90 INC. - FOR SALE OF CITYvS RECYCLABLE MATERIALS COLLECTED BY SOLID WASTE DEPARTMENT (See label 9). 4.9 EXTEND EXISTING AGREEMENT WITH THE R 90-413 8 MARTIN LUTHER KING ECON014IC DEVELOPMENT 6/7/90 CORPORATION, INC., FROM DECEMBER 31, 1989 TO JUNE 30, 1990 - ALLOCATE FUNDS FROM 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 4.10 AMEND COMMERCIAL FACADE TREATMENT R 90-414 8 AGREEMENT WITH SMALL BUSINESS 6/7/90 OPPORTUNITY CENTER, INC., - ALLOCATE FUNDS FROM 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. 4.11 EXECUTE INDIVIDUAL CONTRACTUAL R 90-415 9 AGREEMENTS WITH FIVE NEIGHBORHOOD 6/7/90 ECONOMIC DEVELOPMENT ORGANIZATIONS: (A) ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., (B) DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC., (C) GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC., (D) LITTLE HAVANA DEVELOPMENT AUTHORITY, INC., AND (E) MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORP., INC. ALLOCATE FUNDS FROM 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. 4.12 GRANT EASEMENT TO METROPOLITAN DADE R 90-416 9 COUNTY FOR CONSTRUCTION, INSTALLATION 6/7/90 AND MAINTENANCE OF A NEW VENTURI WATER METERING STATION AND APPURTENANCES ON, UNDER AND THROUGH CITY -OWNED PROPERTY LOCATED WITHIN THE OLD MACARTHUR CAUSEWAY RIGHT-OF-WAY ON WATSON ISLAND - AUTHORIZE EXECUTION OF SAID GRANT OF EASEMENT (SEE LABEL 9). 4.13 AMEND RESOLUTION 90-100 BY MODIFYING R 90-417 9 THE REVOCABLE PERMIT CONCERNING USE OF 6/7/90 1,200 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE) CHANGE PERMITTEE NAME FROM SATELLITE BEAUTY SALON, INC. TO STARLITE UNISEX BEAUTY SALON, INC. 4.14 AUTHORIZE CITY ATTORNEY TO INITIATE R 90-418 10 LEGAL PROCEEDINGS AGAINST JEAN P. 6/7/90 CASSEUS AND MARIE THOMAS (D/B/A FURNITURE PALACE DISCOUNT, INC.) - TO RECOVER LOAN FUNDS ($17,125.04) PAID THROUGH MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. 4.15 AUTHORIZE CITY ATTORNEY TO INITIATE R 90-419 10 LEGAL PROCEEDINGS AGAINST MR. EDWARD 6/7/90 ALLEN (D/B/A JEWELRY BY KETA) - TO RECOVER LOAN FUNDS ($5,738.31) PAID THROUGH MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. 4.1.6 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAI, PROCEEDINGS AND CIVIL ACTION AGAINST WILLIE AND MYRTLE CALHOUN AND ANNIE LEE, A41W, INC. (D/B/A KING THE TAILOR) - TO RECOVER LOAN FUNDS ($36,774.36) PAID THROUGH MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. R 90--420 6/7/90 4.17 EXEC-LITE QUIT CLAIM DEED TO RICARDO AND R 90-421 ELSIE MIRANDA AND GERARDO J. GOMEZ AND 6/7/90 ELSIE MIRANDA - FOR THE EAST 5 FEET OF THE WEST 10 FEET OF LOT 2.2, MARK'S SUBDIVISION OF BLOCK 3 - SUBJECT TO EXECUTION OF GENERAL WARRANTY DEED. 4.18 ACCEPT, APPROVE AND ADOPT THE CITY OF R 90-422 MIAMI'S COMPREHENSIVE ANNUAL REPORT FOR 6/7/90 FISCAL YEAR ENDED SEPTEMBER 30, 1989. 4.19 ACCEPT PLAT: TREASURE TROVE. R 90-423 11 6/7/90 5. AUTHORIZE FUNDING FOR SPONSORSHIP OF R 90-424 THE FLORIDA WAVE DRUM AND BUGLE CORPS - 6/7/90 ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. 6. ALLOCATE $15,000 IN SUPPORT OF THE R 90-425 YOUTH CRIMEWATCH OF AMERICA PROGRAM, 6/7/90 WITH PROVISO. 7. ACCEPT BIDS: (A) SANTOS D. PAZOS SCHOOL R 90-426 BUS SERVICE, (B) CARLOS AND SUSANA 6/7/90 SCHOOL BUS SERVICE, (C) MANOLIN AND PILAR MARTINEZ SCHOOL BUS SERVICE, AND (D) JULIO BALSERA SCHOOL BUS SERVICE, INC. - FOR FURNISHING BUS TRANSPORTATION SERVICES FOR THE SUMMER PROGRAM - FOR PARKS DEPARTMENT. 8. ACCEPT BID: MAN CON, INC. - FOR LOCAL R 90-427 DRAINAGE PROJECT E-64 (PROJECT 352267). 6/7/90 9. (Continued Discussion) CLARIFYING DISCUSSION COMMENTS CONCERNING EASEMENT GRANTED TO 6/7/90 METROPOLITAN DADE COUNTY FOR CONSTRUCTION OF NEW VENTURI WATER METERING STATION - RECYCLING BINS BEING STOLEN AND ALUMINUM ITEMS ALSO BEING STOLEN (See label 4.12). 10. BRIEF DISCUSSION RELATING TO: (A) DADE DISCUSSION COUNTY DOUBLING ITS TIRE DUMPING FEE, 6/7/90 AND (B) FEEDING THE HUNGRY. 11. (A) DISCUSSION CONCERNING COMMISSIONERS M 90-428 SERVING ON CITY BOARDS/COMMITTEES. 6/7/90 (B) INSTRUCT CITY ATTORNEY TO DRAFT A RESOLUTION FOR A PROPOSED CHARTER AMENDMENT CONCERNING WHETHER A COMMISSIONER SHALL SERVE ON THE OFF- STREET PARKING AUTHORITY BOARD IN THE CAPACITY OF EX-OFFICIO CHAIRIIA14 (See label 13). 11-14 15-17 17-20 20--21 21-25 26 26-29 Lj 12. DISC??SSI0tJ CONCERNING PROPOSED CHARTER m 90--420 AMENDMENT REGARDING CITY C01•iMISSTON 6/7/00 COMPENSATION. 13. (A) (Continued Discussion) DEFER R 90-430 CONSIDERATION OF APPOINTMENT OF CITY 6/7/90 COMMISSIONERS AS MEMBERS OF BOARDS AND/OR COMMITTEES (See Label 11). (B) COMMISSIONER PL"UMMER TO CHAIR THE INTERNATIONAL. TRADE BOARD. 14. APPROVE, IN PRINCIPLE, THE WYNWOOD SAFE R 90-431 NEIGHBORHOOD PLAN (MAY 1990) - MAKE 6/7/90 FINDING THAT THE PROPOSED WYNWOOD FOREIGN TRADE ZONE IS AN INTEGRAL COMPONENT OF SAID PLAN PROMOTING A REDUCTION IN CRIME, ETC. 15. MAKE FINDING THAT WYNWOOD SAFE R 90-432 NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN 6/7/90 (MAY 1990) IS CONSISTENT WITH LOCAL PLANS AND PROGRAMS •- SPECIFICALLY, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. 16. EMERGENCY ORDINANCE: AMEND 10642 - ORDINANCE ESTABLISH NEW CAPITAL IMPROVEMENT 10741 PROJECT: MUNICIPAL JUSTICE BUILDING DISCUSSION ROOF REPAIRS (PROJECT 311020) - 6/7/90 TOTALING $18,000. 16.1 BRIEF EXPLANATION AS TO WITHDRAWAL OF AGENDA ITEM 3 (PROGRESS REPORT ON NEGOTIATIONS BETWEEN THE NEW WASHINGTON HEIGHTS DEVELOPMENT CORPORATION AND DEPARTMENT OF OFF-STREET PARKING CONCERNING THE STATE PLAZA/MIAMI ARENA MIXED USE PROJECT.) 17. ACCEPT BID: Y & W ROOFING AND R 90-433 REMODELING COMPANY - FOR FURNISHING 6/7/90 MUNICIPAL JUSTICE BUILDING ROOFING REPAIRS (PROJECT 311020) - FOR GSA DEPARTMENT. 18. FIRST READING ORDINANCE: REPEAL ORDINANCE ORDINANCES 7245 AND 7247 RELATING TO FIRST READING THE ORIGINAL CREATION OF THE DEPARTMENT 6/7/90 OF POLICE AND THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES WHOSE AFFAIRS ARE TO BE ADMINISTERED BY DIRECTORS WHO, WHILE APPOINTED AND SERVING UNDER THE CITY MANAGER, SHALL ONLY BE REMOVED FROM THEIR POSITIONS BY JUDGMENT OF THE CITY COMMISSION - PROVIDE THAT RESPONSIBILITIES, FUNCTIONS AND DUTIES REMAIN UNCHANGED, ETC. - AMEND CODE. 19. FIRST READING ORDINANCE: ESTABLISH NEW ORDINANCE SECTIONS 54-90 THROUGH 54-95 IN THE FIRST READING CODE - RESCIND RESOLUTION 82-992 AND 6/7/90 COMMISSION POLICY 2100-1 (REVISED) - CONCERNING REQUESTS TO CHANGE STREET NAMES IN THE CITY - REVISE ALTERNATIVES TO RENAMING STREETS - ESTABLISH NEW CRITERIA AND STANDARDS FOR STREET CODESIGNATION - CREATE PERMANENT STREET CODESIGNAT'ION REVIEW COMMITTEES. i`+-32 32-40 41-42 42-46 46-48 48 48-54 55 AAL 20. DISCUSS AND DEFER TO NEXT HFFTiNG DISCUSSIONd PROPOSED RESOLUTION ESTABLISHING A PROCEDURE WHEREBY EACH INDIVIDUAL 6/7/90 COMMISSIONER WILL BE DESIGNATED AS A COMMITTEE OF ONE TO ASSIST IN THE DISCHARGE OF THE COMMISSIONS'S RESPONSIBILITY OF PROPERLY ALLOCATING RESOURCES AVAILABLE FOR CITY GOVERNANCE - ESTABLISH FOUR BASIC COMMITTEES: COMMUNITY SERVICES, FISCAL POLICY, PUBLIC SAFETY, AND SUPPORT SERVICES. 56-61 21. RATIFY APPOINTMENT OF WILLIAM R. PERRY, R 90-434 61-67 III, AS EXECUTIVE DIRECTOR OF THE MIAMI 6/7/90 SPORTS AND EXHIBITION AUTHORITY. 22. DISCUSS AND CONTINUE TO MEETING OF JUNE DISCUSSION 67-74 28TH PROPOSED RESOLUTION APPROVING 6/7/90 RECOMMENDATION OF COMPETITIVE SELECTION COMMITTEE TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES - FOR PROPOSED AIR TRANSPORTATION SERVICE FACILITY AT WATSON ISLAND. 23. GRANT REQUEST BY MIAMI LIONS CLUB FOR R 90-435 74-75 USE FEE WAIVER AT BOBBY MADURO STADIUM 6/7/90 IN CONNECTION WITH ITS FRIENDSHIP BASEBALL TOURNAMENT. 24. DISCUSS AND TEMPORARILY DEFER PROPOSED DISCUSSION 75-88 RESOLUTION AUTHORIZING MANAGER TO MAKE 6/7/90 AN OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-728 AND 732-740 N.E. 1 AVENUE (CAMILLUS HOUSE). 24.1 (Continued Discussion) AUTHORIZE R 90-436 89-99 MANAGER TO MAKE AN OFFER AND EXECUTE AN 6/7/90 AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-278 AND 732-740 N.E. 1 AVENUE (CAMILLUS HOUSE) - AUTHORIZE CITY ATTORNEY TO PROCEED TO CLOSE ON SUBJECT PROPERTY AFTER REVIEW - AUTHORIZE MANAGER TO EXECUTE SOCIAL SERVICES GRANT AGREEMENT WITH BROTHERS OF THE GOOD SHEPHERD, INC. AND TO ISSUE REVOCABLE PERMIT FOR USE OF SUBJECT PROPERTY FOR DESIGNATED TIME PERIOD. 25. ACCEPT PROPOSAL OF SOUTHEAST BANK, NA - R 90-437 100 FOR PROVISION OF BANKING SERVICES FOR. 6/7/90 THREE YEAR PERIOD. 26. (A) AUTHORIZE AGREEMENT WITH R 90-438 101-102 METROPOLITAN DADE COLINTY FOR ENGAGEMENT M 90-438.1 OF THE CITY TO PROVIDE FIRE, RESCUE AND 6/7/90 INSPECTION SERVICES IN C014NECTION WITH THE OPERATION OF THE PORT OF MIAMI. (B) DIRECT THAT METROPOLITAN DADE COUNTY BE INFORMED THAT IF THEY DO NOT APPROVE THE PROPOSED AGREEMENT FOR FIRE SERVICES TO THE PORT OF MIAMI THEN IT CAN THINK IN TER14S OF BUILDING ITS OWN FACILITY. 0 L] 27. INCREASE MAXIMUM COMPENSATION SET BY R 90-r,39 10;1-104 RESOLUTIONS 86-401 ABD 88-991 TO 6/7/90 ATTORNEYS JOSEPH Z. FLEMING, PARKER THOMSON, AND GARY HELD - FOR LEGAL SERVICES RENDERED AS SPECIAL COUNSEL IN DEFENDING THE CITY AND INDIVIDUAL CITY COMMISSIONERS IN CONNECTION WITH ZONING/COMPREHENSIVE NEIGHBORHOOD PLAN RELATED LAWSUITS INVOLVING PROPERTY LOCATED AT 3471 MAIN HIGHWtV. 28. DISCUSS AND TEMPORARILY DEFER PROPOSED DISCUSSION 105 RESOLUTION ESTABLISHING A DRUG 6/7/90 EDUCATION PROGRAM (See label 29). 28.1 COMMISSIONER PLUMMER COMMENDS ADMINISTRATION OF THE OMNI HOTEL FOR THE PROFESSIONAL SERVICES THEY RENDER EVERY TIME THE CITY HOLDS AN EVENT THERE. 29. (Continued Discussion) DEFER PROPOSED M 90-440 105-108 RESOLUTION TO ESTABLISH A DRUG 6/7/90 EDUCATION PROGRAM (See label 28). 30. AUTHORIZE PURCHASE OF RADIO LINK R 90-441 108-1.11 EQUIPMENT - FOR POLICE DEPARTMENT. 6/7/90 31. AUTHORIZE FUNDING OF THE DADE-MIAMI R 90-442 111-113 CRIMINAL JUSTICE COUNCIL ($35,000). 6/7/90 32. (A) DISCUSS AND DEFER PROPOSED DISCUSSION 113-116 RESOLUTION AUTHORIZING ESTABLISHMENT OF 6/7/90 A CAREER CRIMINAL PROGRAM. (B) COMMISSIONER PLUMMER RECOMMENDS THAT CITY MANAGER REVIEW ATLANTA'S RED DOG SQUAD PROGRAM AND SUGGESTS CREATION OF A SIMILAR PROJECT IN THE CITY. 33. AUTHORIZE FUNDING FOR A CITY OF MIAMI R 90-443 116-117 POLICE EXPLORERS PROGRAM. 6/7/90 34. CREATE A COMMITTEE TO STUDY AND M 90-444 117--125 RESEARCH CRIME PREVENTION PROGRAMS 6/7/90 PRESENTLY FUNDED WITH MONIES FROM THE LAW ENFORCEMENT TRUST FUND - APPOINT VICE MAYOR DAWKINS TO HEAD THIS COMMITTEE. 35. APPOINT INDIVIDUALS TO HERITAGE R 90-445 125-127 CONSERVATION BARD (Appointed were: 6/7/90 Richard Heisenbottle and Robert Fitzsimmons). 36. APPOINT INDIVIDUALS TO LATIN QUARTER R 90-446 127-128 REVIEW BOARD (Appointed were: Tessi 6/7/90 Garcia, Gloria Rosello, Angel C. Sayui II, and Antonio (Tony) Wagner). 37. APPOINT INDIVIDUALS TO AFFIRMATIVE M 90-447 128-130 ACTION ADVISORY BOARD (Appointed were: R 90-447.1 Ralph Garcia Toledo, Jr., Manolo 6/7/90 Minagorri, and Humberto Amaro; reappointed were: Robert Grill, Richard Nussel and Lori Weldon). 38. APPOINT INDIVIDUAL TO PLANNING ADVISORY R 90-448 131 BOARD (Appointed was: Mertis C. 6/7/90 McCants). m 39. APPROVE MANAGER'S REJECTION OF R 90-449 1.31--137 PROPOSALS RECEIVED IN RESPONSE TO THE 6/7/90 VIRGINIA KEY BASIN PROPERTY REQUEST FOR PROPOSALS - AUTHORIZE ISSUANCE OF UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS TO DEVELOP A RESTAURANT AND MARINE SERVICE USES AT THE VIRGINIA KEY BASIN PROPERTY (3601 RICKENBACKER CAUSEWAY) - SELECT CERTIFIED PUBLIC ACCOUNTANT FIRM TO APPOINT MEMBERS TO A REVIEW COMMITTEE. 40. WAIVE CODE PROHIBITION AS IT APPLIES TO R 90-450 137-138 RICHARD P. DUNNE, WHO SERVES ON THE 6/7/90 ZONING BOARD, IN RELATION TO HIS TEMPORARY EMPLOYMENT AS SENIOR COUNSELOR IN CITY'S SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM. 41. WAIVE COMPETITIVE SEALED BID PROCEDURES R 90-451 138-139 FOR STRUCTURAL REPAIRS AND IMPROVEMENTS 6/7/90 TO ORANGE BOWL STADIUM - RATIFY MANAGER'S FINDING OF PUBLIC EMERGENCY - AUTHORIZE EXECUTION OF CONTRACTS - ALLOCATE FUNDS FROM CIP 404238 (ORANGE BOWL MODERNIZATION PROJECT - PHASE II). 42. BRIEF COMMENTS BY COMMISSIONER DISCUSSION 139 PLUMMER - ALL PENDING MATTERS WITH THE 6/7/90 UNIVERSITY OF MIAMI CONCERNING THE ORANGE BOWL HAVE BEEN RESOLVED. 43. DISCUSS WITH REPRESENTATIVES OF LITTLE DISCUSSION 139-140 HAVANA DEVELOPMENT AUTHORITY PROPOSED 6/7/90 EXPANSION OF MAXIMO GOMEZ PARK, DOMINO CLUB. 44. GRANT REQUEST BY DIABETES RESEARCH R 90-452 140-141 INSTITUTE FOR WAIVER OF DOCKAGE FEES 6/7/90 FOR USE OF AVAILABLE SLIPS AT MIAMARINA IN CONNECTION WITH THE FOURTH ANNUAL CATCH A CURE FISHING TOURNAMENT. 45. GRANT REQUEST HOOTERS RESTAURANT AND R 90-453 141-142 AMERICAN POWER BOAT ASSOCIATION FOR 6/7/90 WAIVER OF DOCKAGE FEES FOR USE OF SLIPS AT MIAMARINA IN CONNECTION WITH THE HOOTERS' GOLD CUP OFFSHORE 150 POWER BOAT RACE. 46. GRANT REQUEST BY CARNAVAL MIAMI FOR R 90-454 142-144 CLOSURE OF DESIGNATED STREETS, 6/7/90 EXTENSION OF FIREWORKS DEADLINE, RESTRICTION OF RETAIL PEDDLERS, AND PERMISSION TO SELL BEER AND WINE IN CONNECTION WITH THE HOLDING OF THIS 1991 EVENT. 47. REFER TO MANAGER REQUEST BY TACOLCY M 90-455 144-147 ECONOMIC DEVELOPMENT CORPORATION 6/7/90 CONCERNING DEEDING OF PROPERTY LOCATED BETWEEN N.W. 56 AND 58 STREETS BETWEEN N.W. 6 AND 7 AVENUES TO SAID ORGANIZATION. 48. AUTHORIZE D014ATIO14 OF UP TO 10 SURPLUS R 90-456 147-148 POLICE PATROL CARS (VEHICLES) TO THE 6/7/90 CITY OF WEST MIAMI, WHEN AVAILABLE, DURING DESIGNATED PERIOD. 49_ (A) APPOINT INDIVIDUALS TO BAYFRONT M 90-457 PARK MANAGEMENT TRUST (Appointed were: R 90-457.1 Rtith Greenfield, Jose Garcia Pedrosa, 6/7/90 Joseph Klock, Mario Williams, Athalie Range and Bobbie Mumford). (B) SUPPORT BAYFRONT PARK MANAGEMENT TRUST'S RECOMMENDATION OF ALAN L. WEISBERG AS CHAIRPERSON. 50. GRANT REQUEST FROM LEND -A -HAND, INC. R 90-458 FOR USE FEE WAIVER OF MARINE STADIUM IN 6/7/90 CONNECTION WITH ITS POPS -BY -THE -BAY EVENT. 51. GRANT REQUEST FROM BLACK FIRE FIGHTERS R 90-459 FOR USE OF DESIGNATED STREETS IN 6/7/90 CONNECTION WITH THEIR MEMORIAL MARCH. 52. GRANT REQUEST FROM SOUTH FLORIDA R 90-460 CARNIVAL BANDLEADERS ASSOCIATION, INC. 6/7/90 FOR RENTAL FEE WAIVER, CLOSURE OF DESIGNATED STREETS, RESTRICTION OF RETAIL PEDDLERS, AND PERMISSION TO SELL BEER AND WINE IN CONNECTION WITH ITS FESTIVAL. 53. ANNOUNCE AND TEMPORARILY TABLE DISCUSSION SCHEDULED DISCUSSION CONCERNING THE 6/7/90 CITY OF MIAMI BUDGET, PROPOSED LAYOFFS, AND SALARY REDUCTIONS (See label 56). 54. PERSONAL APPEARANCE: STATE DISCUSSION REPRESENTATIVE ELAINE BLOOM PRESENTS TO 6/7/90 THE CITY, AS A GIFT FROM THE FLORIDA LEGISLATURE, TWO FLAGS WHICH HAVE BEEN FLOWN AT THE CAPITOL IN TALLAHASSEE. 55. AUTHORIZE EXTENSION OF LOAN TO OWNERS R. 90-461 OF THE FREEDOM TOWER (ZAMINCO) FOR ONE 6/7/90 YEAR, AT A HIGHER INTEREST RATE, SUBJECT TO PROVISOS AND APPROVAL FROM HUD. 56. (Continued Discussion) DISCUSSION DISCUSSION CONCERNING THE CITY OF MIAMI BUDGET, 6/7/90 PROPOSED LAYOFFS, AND SALARY REDUCTIONS (See label 53), I A.9-- 1 55 156-157 157-158 158-161 161-163 163-164 165-167 167-224 U G MINUTE'S OF' REGU1,AR MEETING OF THE CITY COMMISSION OF MIAM1, FLORIDA On the 7th day of June, 1990, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:14 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Dawkins then led those present in a pledge of allegiance to the flag. ------------------------------------------------------------------------------- 1. PRESENTATIONS, PROCLAMATION, AND SPECIAL ITEMS 1. Proclamation declaring Wednesday, May 9, 1990, as North Beach Elementary School Day and saluting the school for having been designated as one of the best elementary schools in the United States. Dr. Michael Kesselman, principal of the school, and a delegation of students were present to accept the award. 2. Proclamation to Cathy Cubine, 51st Royal Poinciana Fiesta Queen, Al Pallot, and the members of his Beautification Committee for their continuing efforts in helping keep Miami, the City Beautiful. NOTE FOR THE RECORD: Agenda item three was withdrawn by the administration pending further negotiations. NOTE FOR THE RECORD: On motion duly made by Commissioner De Yurre and seconded by Commissioner Alonso, the minutes of the Regular Commission Meeting of April 12, 1990 and Planning & Zoning Meeting of April 26, 1990 were unanimously approved. 1 June 7, 1990 4 0 2. CITY COMMISSION EkPRESSF'.S ITS APPRECIATION TO I-IARNER-LAMBERT FOR ITS DONATION OF $29,000 FOR CCITY FARKS. Mayor Suarez: Before we do the consent agenda, I. know Commissioner De Yurre, yesterday, opened the Coral Gate Park facility that was donated essentially by a group that is represented here. Commissioner, would you like to tell us a little bit about that and so we can recognize that contribution. I wish that I had been there. Commissioner De Yurre: Yes, let me tell you. The company of Warner-Lambert stepped forward and donated approximately $20,000 worth of equipment and things that were done to Coral Gate Park on 32nd Avenue and loth Street, and the Tomas Cruz picnic grounds. For painting the building, to building two chickee huts, for picnic facilities to planting numerous plants in the park to resurfacing the baseball infield that we have there. They went ahead and they did all of this as part of our Adopt a Park public -sector private -sector joint effort and it was a great success and there were a lot of people there yesterday and I know that it's going to be greatly used by residents of that area. So I want to congratulate Warner-Lambert for that effort, the City of Miami for pitching in and all those that were involved. Mayor Suarez: Do you have something there to present? Does it look like... yes, you for sure have all the appropriate sizes, right? UNIDENTIFIED SPEAKER.: Hopefully. Commissioner De Yurre: They got Rolaids and Certs and a whole bunch of other goodies that if we ever need it up here. Mayor Suarez: Thanks. Commissioner De Yurre: Thank you very much. Yes, well they promote Dentyne, Listerine, Certs, Rolaids. That's where it's at. Mayor Suarez: Very good. Thank you for your contribution. Will it be recognized by some kind of a plaque or.... Commissioner De Yurre: Yes, we worked out something and they received a whole bunch of things yesterday so this right here is reciprocity. Thank you. Mayor Suarez: Very good. Good to have you. Cangratulations and thank you for helping to enhance one of our parks. I know the Coral Gate homeowners will... --------------------------------------------------------------------------------- 3. (A) COMMISSIONER DE YURRF REQUESTS ADMINISTRATION TO PROVIDE A BIWEEKLY REPORT CONCERNING THE LAPIN QUARTER SPECIALTY CENTER. (B) REQUEST MA14AGER TO PROVIDE INPUT AND RECOMMENDATIONS CONCERNING = REQUEST BY METHODIST CHURCH ON 14TH STREET FOR CLOSURE OF DESIGNATED STREETS. --------------------------------------------------------------------------------- Commissioner De Yurre: Mr. Mayor... Mayor Suarez: Yes, Commissioner? Commissioner De. Yurre: I'd like to take a second and instruct the City Administration. Cesar, I would like to get a bi-weekly report and certainly copies to the members of this Commission, on an update: of the Latin Quarter Specialty Center. Because I don't get the- feel that we're moving as we should and I think it's important tha+ wf k e}: a firm eye oi: wtlat's going on so we can expedite this. 1 think it 'S 1tT}i:i!'l.tillt. for Us to have that information, on a regular basis. Also, I met this week with members of the church, the Methodist Church on the 14th. And I think that something that I mentioned a few months ago, we may have to start ioolci.ng at. it. They explained the importance of the church to the area, their day care program, their- services June 7, 1990 for tha elderly, and I ww� I I d like t_o =er if s,�ma'ta0'W, S"Ime w-a}', tl�e c;nrtf.ept of closing off 15th Avenue. :Which is r;ity property nning off 15th ,Avenue between 7th and 8th Street, and shifting over to the point wher.Q we can sage the church which is on the corner of 14th and just slide the project. over a little bit west., using the street. Whether that's viable. It would save us the cost of acquiring the church property. We already own the street so there would be savings right there of a few hundred thousand dollars. I want to see if that's possible and it would save the church and their program and it would save the City money and I'd like to see if we can start going in that route. OK? Thank you. Commissioner Alonso: I have a question. In your suggestion of closing 15th Avenue and you say moving the project a little bit. Do you mean by that or implying that we will be using the street in any other way other than closing it or actually... Commissioner De Yurre: It would be part of the... Commissioner Alonso: ...building on that street? Commissioner De Yurre: Actually building on it. Instead of having a 15th Avenue, it would be from 14th to 16th Avenue. Commissioner Alonso: And, well then, it's something that we will have to start looking very seriously is what's going to do to the traffic in the area since, as you recall, many of these streets are only one way... Commissioner De Yurre: I know, well that's why I'm saying... Commissioner Alonso: ...and it might be something that we should start looking from this time as changes that might have to take place as a result of 15th... Commissioner De Yurre: Avenue. Commissioner Alonso: ...Avenue not being there any longer. Commissioner De Yurre: Yes, well... Mayor Suarez: There's an assumption that there's not too much traffic there but we have to check that out. We have to get a good traffic study because... Commissioner De Yurre: That's why I'm asking to see if it's viable. Commissioner Alonso: Well, I don't think we have an extreme amount of traffic but I think it's convenient, because especially of the situation that we have only this one is one of the few that we have that you can go north and back and forth to the same location... Mayor Suarez: And you can go back and go east. Commissioner Alonso: ...so it's something to look at this point rather than waiting at a later time. Commissioner De Yurre: No, no, that's why I want to look at the whole thing whether it's doable or not and what the problem is, if any. Commissioner Alonso: And perhaps, Commissioner, another thing that we should add to this, if the, in fact., the church will remain since - and I'm very much in contact with that church and I know that. they would like to stay in the area. I would like them to remain especially because of the day care services _ and some other programs that they were planning on establishing this year and I even asked them to delay a little bit in order not to affect the specialty y center, if, in fact, we buy the property. I think something that we will have to look very seriously is that. remember, the building, it's not. really - it's an old building, but not one that is very attractive and it might be that we will have to work with them in certain way as to change the appearance of the building, not only front, but back as well, in order to make it... Commissioner De Yurre: Compatible. Commissioner Alonso: compatible with the rest of the project. 3 June 7, 1990 Commissioner De Yurre: Well, that is what. we need to work on it and study that, you know, alternative. Mr. Odio: I sent an information packet yesterday on the Latin Quarter. My concern is that we know of at least two owners that are asking for- double the price of what the appraised value is. Commissioner De Yurre: Well, that is why we have a court system, you know. Mr. Odic: Yes, well, we don't... the problem is, we don't have redevelopment rights in that area and we won't be able to move any other way, so we have to... we're going to have... from what I can sense... Mayor Suarez: Well, that's what's important about having the street potentially available. We may have to change the configuration so as not to have to purchase certain people. We've been pretty creative in the past with the Little Havana substation, leaving some people out who don't want to be purchased out. And let's not let it be delayed because of lack of land, if we have a street that may be able to be closed. Mr. Odio: Yes. I'm sorry now, I guess and it's easy to sit here, that way back we didn't declare that immediate area redevelopment area so that we would have all the rights that go with that, condemnation. Commissioner De Yurre: Yes, the thing is that we can slide up and back. If we start getting pressure... Mayor Suarez: Yes, I think we have to be very flexible. Commissioner De Yurre: ...you know, if we close off 15th, for example, and move and take, let's say, part of the block between 15th and 16th and just slide, you know, the project. If we have a project, we can slide it up and down. The thing is and the owners have to realize they're not going to be holding a gun to our head, you know. We have the availability... Mayor Suarez: The moment that they know that we have a preconceived notion of exactly what we have to build on, that's the moment they'll set whatever price they want. We've got to be very flexible, move it around, change the configuration, take a street, we'll do whatever it takes. Commissioner De Yurre: OK. Mr. Jorge Fernandez: Just a point oil' information, when you close and vacate streets, streets go back to the adjacent property owners who originally deeded it to the City for public right of way. Mayor Suarez: Which will be us by that time. Mr. Fernandez: So, if we own the adjacent property, then that portion of the street comes back to us. At least that half of it. Commissioner De Yurre: Thank you. Mayor Suarez: What embarrassing thing was anybody expecting here today that our friendly TCi folks are not filming or... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Well, today is the day, I guess then, t- do things. If we can get rid of Carl Goldfarb then, we're set. We have no . ':purictions. 4 June 7, 1990 4. CONSENT AGENDA Mavor Suarez: Commissioners, CA-1 through 27 constitutes the consent agenda. Let me announce that... Mr. Odio: Mr. Mayor, I'd like to withdraw item CA-f), please. Mayor Suarez: I think the T Cl guy is going to show up on the .14t.h Commission and he'll film the entire day here probably without realizing that nothing happened. Mr. Manager, I'm sorry I interrupted you. The items that you... Mr. Odio: We have been asked to withdraw item CA-2, CA-4... Mayor Suarez: Eight and eighteen, right? Mr. Odio: CA-6... Eight. Eight, I would like to ask Commissioners Dawkins if he would reconsider. Mayor Suarez: Yes, we'll have that for separate discussion. then. Mr. Odio: And CA-18, 33... Mayor Suarez: OK, as to the consent agenda, CA-2, 4, 8, and 18 have been pulled by the administration. As to the other item, CA-1 through... yes? Commissioner Plummer: Excuse me. CA-2 was pulled by the administration or by Commissioner Dawkins? Mayor Suarez: At the request... Mr. Odio: At the request... Mayor Suarez: ...but, I mean, they were formally pulled out of the consent agenda in the correct way that we have prescribed. Commissioner Plurrster: Because I would like to lobby my Blue Brother on just one of those items. Mayor Suarez: To still consider that. OK, let's leave him out for the moment and you want. to, take up any of them, we can do so. In the meantime, does anyone from the general public wish to be heard on any of the other items between CA-! and 27? Mr. Odio: Yes, CA-13 needs a clarification only. -� Mayor Suarez: OK, that one's pulled for separate discussion. I'm just asking the general public. Ma'am? Ms. Lori Knight: Yes, hi, my name is Lori Knight with Youth Crime Watch of America and I would like to request that CA-4 be put back on. This is the... Mayor Suarez: OK, we'll take that up separately right after we finish then, the noncontroversial part; of the consent agenda, if we may, ma'am. Thank you. Commissioners, any items that - let the record reflect no one else stepped forward other than the lady on CA-4. Commissioner Plummer: Move the item. - Mayor Suarez: If not, item CA-1 through 27, with the exceptions of CA-2, 4, 8, 13, and 18 has been moved. Commissioner Alonso: Second. Mayor Suarez: Any discussion? If not, please call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COI-IMISS1014EK ALONSO, THE C014SENT AGENDA, WITH THE ABOVE FOLLOWING EXCEPTIONS, WAS APPROVED BY THE FOLLOWING VOTE: June 7, 1990 AYES: Commissioner Victor DO Yurrn Commissioner- J. L. P1ummFr, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 4.1 DESIGNATE THE ROYAL .POINCIANA (DELONIX REGIA) AS THE OFFICIAL FLOWERING TREE OF THE CITY OF MIAMI. RESOLUTION NO. 90-405 A RESOLUTION DESIGNATING THE ROYAL POINCIANA (DELONIX REGIA) AS THE OFFICIAL FLOWERING TREE OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.2 APPROVE PURCHASE OF FOUR PUREBRED GERMAN SHEPHERD DOGS FOR POLICE DEPARTMENT. RESOLUTION NO. 90-406 A RESOLUTION APPROVING THE PURCHASE OF FOUR (4) PUREBRED GERMAN SHEPHERD DOGS; AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $14,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.3 ACCEPT BID: PHYSIO CONTROL - FOR FURNISHING BLOOD PRESSURE MONITORS AND DEFRIBILLATORS FOR FIRE DEPARTMENT. RESOLUTION NO. 90-407 A RESOLUTION ACCEPTING THE BID OF PHYSIO CONTROL FOR THE FURNISHING OF BLOOD PRESSURE MONITORS AND DEFIBRILLATORS FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $28,833.75; ALLOCATING FUNDS THEREFOR FROM THE 1989- 90 FIRE EMS GRANTS, ACCOUNT NO, 104002-280103-840; AUTHORIZING THE CITY MA14AGER 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.) 4.4 ACCEPT BIDS: (A) PB&S CHEMICALS, (B) REX CHEMICALS, AND (C) ALLIED UNIVERSAL CORPORATIO14 - FOR FURNISHING SWIMMING POOL CHEMICALS TO PARKS DEPARTMENT. RESOLUTION NO. 90-408 A RESOLUTION ACCEPTING THE BIDS OF PB&S CHEMICALS IN THE AMOUNT OF $37,025.00, REX CHEMICALS IN THE _ AMOIJ14T Of' $26,503.00 AIJD ALLIED UNIVERSAL CORPORATIO14 IN THE AMOUNT OF $15,732.00 FOR THE FURNISHING OF SWIMMING POOL CHEMICALS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR L June 7, 1990 4.5 4.6 4.7 AN APPITIOiFAT, ONF--'Y'EAI? PFCPFOP TO THE DEFAT-Cj 1F,NT OF PARKS AND RECREATION FOR A TOTAL FIRST YEAR COST 1J01' TO EXCEED $79,260.00, WITH FUNDS THEREFOR BEING ALLOCATED FROM THE 1989-90 OPERATING BUDGET ($10,538.00) AND 1990-91 OPERATING BUDGET ($68,722.00), ACCOUNT CODE NO. 580301-704; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUF; PURCHASE ORDERS FOR THESE SUPPLIES AND THEREAFTER TO EXTEND THESE CONTRACTS FOR AN ADDITIONAL ONE-YEAR PERIOD SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ACCEPT BID: MOTOROLA, INC. - FOR FURNISHING CONTROL STATIONS AND MOBILE RADIOS TO FIRE DEPARTMENT. RESOLUTION NO. 90-409 A RESOLUTION ACCEPTING THE BID OF MOTOROLA, INC., FOR THE FURNISHING OF CONTROL STATIONS AND MOBILE RADIOS FOR TIIE DEPARTMENT OF' FIRE, RESCUE AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $77,420.00; ALLOCATING FUNDS THEREFORE FROM THE 1989-90 OPERATING BUDGET, ACCOUNT CODE NO. 280401- 840 ($9,000.00) AND FIRE BOND PROJECT NO. 313237, ACCOUNT NO. 289AOI-840 ($68,420.00); 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: MOTOROLA, INC. - FOR FURNISHING 500 STX RADIO BATTERIES TO POLICE DEPARTMENT. RESOLUTION NO. 90-410 A RESOLUTION ACCEPTING THE BID OF MOTOROLA, INC. FOR THE FURNISHING OF 500 STX RADIO BATTERIES FOR THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $15,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1989- 90 OPERATING BUDGET, ACCOUNT CODE. NO. 290201-701; 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: TELFVISIC14 EQUIPMENT ASSOCIATES - FOR FURNISHING COMMUNICATION HEADSET SYSTEMS TO POLICE DEPT. RESOLUTION NO. 90-411 A RESOLUTION ACCEPTING THE BID OF TELEVISION EQUIPMENT ASSOCIATES FOR THE FURNISHING OF COMMUNICATION HEADSET SYSTEMS TO THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $6,560.00; ALLOCATING FUNDS THEREFOR FROM THE LASE ENFORCEMENT TRUST FUND PROJECT NO. 690001, ACCOUNT NO. 290942; 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.) 7 June 7, 1990 U1 U 4.8 AUTHORIZE: EXECUTIVE OF NON-EXCLUSIVE AGREEMENT WITH MIAMI RECYCLING CENTER, INC. - FOR SALE OF CJTY'S PECYCLASLE MATERIALS COLLECTED BY SOLID WASTE DEPARTMENT ( See label 9 ) . RESOI.UTI.ON NO. 90-412 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE EXECUTION OF A NON-EXCLUSIVE AGREEMENT, IN SUBSTANTIALLY THE DORM ATTACHED, WITH MIAMI RECYCLING CENTER, INC. FOR THE PURCHASE BY SAID FIRM OF RECYCLABLE MATERIALS COLLECTED BY THE DEPARTMENT OF SOLID WASTE IN THE IMPLEMENTATION OF ''THE CITY OF MIAMI-RECYCLES", A RESIDENTIAL CURBSIDE RECYCLING COLLECTION PROGRAM, UNDER THE SAME PRICES QUOTED TO METROPOLITA14 DADE COUNTY AND UNDER THE SAME TERMS AND CONDITIONS STIPULATED IN THE CONTRACT BY AND BETWEEN METROPOLITAN DADE COUNTY AND MIAMI RECYCLING CENTER, INC., WITH THE SAT.F OF SAID RECYCI.,ABLE MATERIALS TO MIAMI RECYCLING CENTER, INC. TO CONTINUE FOR ONF (1) YEAR FROM THE DATE HEREOF WITH AN OPTION TO REN1,W FOR FIVE (5) ADDITIONAL ONE YEAR PERIODS, UPON THE APPROVAL OF THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.9 EXTEND EXISTING AGREEMENT WITH THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC., FROM DECEMBER 31, 1989 TO JUNE 30, 1990 - ALLOCATE FUNDS FROM 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. RESOLUTION NO. 90-413 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC., FROM DECEMBER 31, 1989 TO JUNE 30, 1990 AND TO PROVIDE AN ADDITIONAL AMOUNT NOT TO EXCEED $25,000 TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC., WITH FUNDS THEREFOR BEING ALLOCATED FROM FIFTEENTH (15TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ACCOMPLISHMENT OF ITS ADMINISTRATIVE AND PROGRAMMATIC OBJECTIVES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.10 AMEND COMMERCIAL FACADE TREATMENT AGREEMENT WITH SMALL BUSINESS OPPORTUNITY CENTER, INC., - ALLOCATE FUNDS FROM 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. RESOLUTION NO. 90-414 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO AMEND THE. COMMERCIAL FACADE TREATMENT AGREEMENT DATED DECEMBER 7, 1989, BET11HEN THE CITY OF MIAMI AIJD THE SMALL BUSINESS OPPORTUNITY CENTER, INC. ( SBOC) , IN SUBSTANTlAT1Y THE ATTACKED FORM, AN AMOUNT NOT TO FXCEED $11,200, WITH FUNDS THEREFOR BEING ALLOCATED FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DI `JELOPHE'N'T BLOCK GIANT FUND, FOR THE CONTINUATION OF THE COMMERCIAL. FACADE TREATMENT PROGRAM 114 THE 'i'F:IZCE'I' AREAS. (Here follows body of resolution, omitted hp rF and on file in the Office of the City Clerk.) 8 June 7, 1990 11 4.11. EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS 171111 FIVE NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS: (A) ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., (B) DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC., (C) GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC., (D) LITTLE HAVANA DEVELOPMENT AUTHORITY, INC., AND (F) MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORP., INC. - ALLOCATE FUNDS FROM 16TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. RESOLUTION NO. 90-415 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FIVE (5) NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR THE AMOUNTS SPECIFIED FOR EACH, TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS, WITH FUNDS BEI14G 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.) 4.12 GRANT EASEMENT TO METROPOLITAN DADE COUNTY FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A NEW VENTURI WATER METERING STATION AND APPURTENANCES ON, UNDER AND THROUGH CITY -OWNED PROPERTY LOCATED WITHIN THE OLD MACARTHUR CAUSEWAY RIGHT -OF --WAY ON WATSON ISLAND - AUTHORIZE EXECUTION OF SAID GRANT OF EASEMENT (SEE LABEL 9). RESOLUTION N0, 90-416 A RESOLUTION, WITH ATTACHMENTS, APPROVING A GRANT OF EASEMENT IN SUBSTANTIALLY THE ATTACHED FORM, TO METROPOLITAN DADE COUNTY FOR ITS CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A NEW VENTURI WATER METERING STATION AND APPURTENANCES ON, UNDER AND THROUGH CITY OF MIAMI PROPERTY LOCATED WITHIN THE OLD MACARTHUR CAUSEWAY RIGHT-OF-WAY ON WATSON ISLAND, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID GRANT OF EASEMENT ON BEHALF OF THE CITY SUBJECT TO POSSIBLE FUTURE RELOCATION OF SAID STATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.13 AMEND RESOLUTION 90-100 BY MODIFYING THE REVOCABLE PERMIT CONCERNING USE OF 1,200 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE) - CHANGE PERMITTEE NAME FROM SATELLITE BEAD;"iY SALON, INC. TO STARLITE UNISEX BEAUTY SALON, INC. RESOLUTION NO. 90-417 A RESOLUTION AMENDING RESOLUTION NO. 90-100, ADOPTED FEBRUARY 7, 1990 BY MODIFYING THE REVOCABLE PERMIT AUTHORIZED TO BE ISSUED THEREUNDER IN REGARD TO THE USE OF 1,200 SQUARE FEET OF SPACE LOCATED IN THE OVERTOWN SHOPPING CENTER, LOCATED AT 1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, SAID MODIFi :1ON ONLY RESULTING IN THE CHANGL: 01" THE PERMIT'ILL NAME FROM "SATELLITE BEAUTY SALON, INC." TO "STARLITE UNISEX BEAUTY SALON, INC. (Here follows body of resolution, omitted here and on file in the Office: of the City Clerk. ) 9 June 7, 1990 C. [•.IA AUI'Ii0PI7,F=: (1TT', y '-10 ill 1TTA1F, [f(—'AL 1,F-T,1PI,z; A AINST JF'AN P. CASSF.US AND MARIE '7'110rIA (Ti/B/A FUP'N1TUFF; PAI,ACF, L)TSCOUNT, INC.) - TO RECOVER LOAN FUNDS ($17,125.010 PAID 'THROUGH MODEL, CITY SMALL BUSINESS DEVELOPMENT PILOT 1,0AN PROGRAM. RESOLUTION NO. 90--418 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE: LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST JEAN P. CASSEUS AND MARIE THOMAS, D/B/A FURNITURE PALACE DISCOUNT, INC., TO RECOVER LOAN FUNDS IN THE AMOUNT OF $17,125.04 PAID TO SAID INDIVIDUALS THROUGH THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.15 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AGAINST MR. EDWARD ALLEN (D/B/A JEWELRY 13Y KETA) -• TO RECOVER LOAN FUNDS ($5,738.31) PAID THROUGH MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. RESOLUTION NO, 90-419 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. EDWARD ALLEN, D/B/A JEWELRY BY KETA TO RECOVER LOAN FUNDS IN THE AMOUNT OF $5,738.31 PREVIOUSLY PAID TO SAID INDIVIDUAL THROUGH THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.16 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST WILLIE AND MYRTLE CALHOUN AND ANNIE LEE, AWW, INC. (D/B/A KING THE TAILOR) - TO RECOVER LOAN FUNDS ($36,774.36) PAID THROUGH MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. RESOLUTION NO. 90-420 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LIEGAL. PROCEEDINGS AND CIVIL ACTION AGAINST WILLIE & MYRTLE CAL.HOUN AND ANNIE LEE, AWW, INC., D/B/A KING THE TAILOR, RECOVER LOAN FUNDS IN THE AMOUNT OF' $36,774.36 PAID TO SAID INDIVIDUALS THROUGH THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.17 EXECUTE QUIT CLAIM DEED TO RICARDO AND ELSIE MIRANDA AND GERARDO J. GOMEZ AND ELSIE MIRANDA - FOR THE LAST 5 FEET OF THE WEST 10 FEET OF LOT 22, MARK-S SUBDIVISION OF BLOCK 3 - SUBJECT TO EXECUTION OF GENERAL WARRANTY DEED. RESOLUTION NO. 90-421 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE A'I"I ACHF:I) FORM, TO RICARDO IIIRA14DA AND ELSIE MIRANDA, HIS WIFE, (AS TO AN UNDIVIDED F'IFTy PER.C1,N'T INTER)"ST), ALL YOUR OF WHOM ARE HEREINAI7'Eh RL'F1:1:}:F:L� TO COLLECTIVELY AS THE "PROPERTY OWNERS", FOR Tfih 1 AST 5 FEET OF THE WEST 10 FEET OF LOT 22, 15LOCK 3, "MARK'S SUBDIVISION OF BLOCK 3", AS RECORDED 1N PLAT BOOK 4, PAGE 37, OF 10 June 7, 1990 jo 0 TIIF PUBi_IC RECC`PI)11 I'll PADF (*(' 17 Y, Fl OF] DA. SLJRJF:CT TO THE SIMULTANEOUS EXECUTION OF' A GFNFPAL b]ARPhNTY DEED, IN SUBSTANTIALLY THE.. ATTACHED FORM, FROM TILE PROPERTY OWNERS TO THE, CITY OF MIAMI FOR THE WEST 5 FEET OF I.,OT 22, BLOCK 3 "MARKS SUBDIVISION OF BLOCK 3". (Here follows body of resolution, omitted mere and on file in the Office of the City Clerk.) 4.18 ACCEPT, APPROVE AND ADOPT THE CITY OF MIAMI'S COMPREHENSIVE ANNUAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1989. RESOLUTION NO. 90-422 A RESOLUTION, WiTIJ ATTACHMENT, ACCEPTING, APPROVING, AND ADOPTING THE CITY OF MIAMI'S COMPREHENSIVE ANNUAL REPORT FOR FISCAL, YEAR ENDED SEPTEMBER 30, 1989, AS REQUIRED BY FLORIDA STATUTES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.19 ACCEPT PLAT: TREASURE TROVE. RESOLUTION NO. 90-423 A RESOLUTION ACCEPTING THE PLAT ENTITLED "TREASURE TROVE", 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 AND PROVIDING FOR THE RECORDATION OF SAID PLAT I14 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.) 5. AUTHORIZE FUNDING FOR SPONSORSHIP OF THE FLORIDA WAVE DRUM AND BUGLE CORPS - ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. Mayor Suarez: Commissioner Plummer, you wanted to make an effort to try to revive CA-2 at this point? Commissioner Plummer: Well, I think Commissioner Dawkins, I see the pattern has pulled most of the items that are being funded from the I.aw Enforcement Trust Fund. The only plea that I make to my colleague, if there's a particular problem with number two, I'd like to hear it because here is the problem. The next. time, this matter could really be heard would be in July - I'm sorry, the last meeting in June and their first program is on the 28th of June and if they don't have the money, they most likely would have to cancel the program. So, I'm merely putting on the record to my colleague that if he has a particular problem with this, I'm hoping he will express it because what I had the feeling was that he was going to have a problem with all of those funded from that source. That is the problem. The problem is, if we don't pass on it today, their program of .Iune the 28th most likely will have to be cancelled. Vice Mayor Dawkins: What is the program? What does the program do and why does it do it? 11 June 7, 1990 L] Commissioner Pltirrimer: Commissioner, the program is a... Vice Mayor Dawkins: Who is here to explain it other than Commissioner J. L. Plummer? Commissioner Plummer: I can't answer, Joe Longueira from the Police Department and what's the prosecutor's name? -Bush, that's the head of it? Mr. Odio: George Bush... Commissioner Plummer: No, not George Bush, you dummy. Vice Mayor Dawkins: If George Bush is over it., pass it. Commissioner Plummer: If George Bush is over it, I'll deny it. Vice Mayor Dawkins: Pass it immediately. Commissioner Plummer: The program... Joe, why don't you go ahead? He asked for other than me. This Bud's for you. Lt. Joseph Longueira: Commissioner, this is similar to some of our other programs. It's... - Vice Mayor Dawkins: Similar no, similar to what other programs? Lt. Longueira: Like our athletic program, the soccer program,. It's a diversionary program, it offers an alternative to the youth. Fifty percent of the participants... Vice Mayor Dawkins: Alternatives like what? Lt. Longueira: An alternative to crime or drug use. It gives them an alternative activity. _ Vice Mayor Dawkins: And how does this program entice a youngster... - Mayor Suarez: Away from crime? = Vice Mayor Dawkins: ...to enter this program and not go and break in somebody's house? Mayor Suarez: What does the program consist of? Commissioner Plummer: It's a drum and bugle corps. Mayor Suarez: Drum and bugle corps? Commissioner Plummer: Right. Lt. Longueira: It's a drum and bugle corps, is what it is. It's an alternative activity. Commissioner Plummer: And they're out practicing five days of the week so they don't have time to do other things. Lt. Longueira: Fifty percent of the participants come from the City of Miami. Vice Mayor Dawkins: What parts of the City? _= Lt. Longueira: Sir, I don't have that, answer. I'd have to get you that. Vice Mayor Dawkins: See, you all got something here and you all can't explain it, but you all want me to go along; with it. You all just stuck it on there, don't nobody know nothing about. it. Don't nobody... I mean, just... Commissioner Plununer: No, no, that's not true now because you asked me not to speak. Vice Mayor Dawkins: Well... 12 June 7, 1990 L1 11 Commissinnt'r Plummer: You Vice Mayor Dawkins: Well, you see... Commissioner Plummer: And I was giving that courtesy to my colleague of letting someone else speak. Vice Mayor Dawkins: All right, well we will hear from the drum and bugle corps expert, Commissioner Plummer. Commissioner Plummer: Commissioner, this program... Mayor Suarez: Ta-ta-ra-ra-to-ta. I'm sorry. Commissioner Plummer: Do I have to put up with this so early in the morning? This program is designed - the Miami Drum and Bugle Corps - these young kids will be going on a tour around the United States. These young kids will be with a theme, not only representing the City of Miami in its tour, but also a heavy emphasis will be placed on the no abuse of alcohol and drugs. The way... Mayor Suarez: And they are, as far as you know, fairly representative of the City as a whole and all and so on? Commissioner Plummer: As far as I know, Mr. Mayor - hear, let me - hold on, hold on, I've got it exact here. Mayor Suarez: Oh, we got some actual information. Commissioner Plummer: Thirty-five percent Anglo, 35% Latin, and 20% Black and Asian. Vice Mayor Dawkins: Black and Asian? Commissioner Plummer: That's what it says here, I'm reading... Vice Mayor Dawkins: Well, why wouldn't I have 20% and the Asian part come from the other part of it? Commissioner Plummer: Don't be so damn difficult... Vice Mayor Dawkins: Early in the morning. Mavor Suarez: There may be one Asian. Vice Mayor Dawkins: One Asian. Mayor Suarez: There may be one Asian that makes up part of that 20%, you -= know. Vice Mayor Dawkins: You know, I have a problem with you guys coming up here, taking this law enforcement money and doing what you want to do with it. Commissioner Plummer: No, no, no, no.... Vice Mayor Dawkins: Well, wait now. OK, I'll wait till you're finished. Go ahead. Commissioner Plummer: No, no, no, please. This was my plea to them. They - did not come forth. a Vice Mayor Dawkins: When I pleaded to put. a soccer team... Commissioner Plummer: I did. Vice Mayor Dawkins: in Edison, they find all hind of excuses not to put it _ out there because it don't have a Hait ian pol iceman who can run it, you don't have this. But yet, when you come up here with certain projects, they fly through. And I have problerr,s with i t , Commissioner Plummer: Well, that didn't. happen Here. Believe me, this one did not fly through, Is June 7, 1990 Vice Mayor Dawkins: No, see, but, yoi.i know, either you're going to be fair and above board and treat. them all. equal or don't have them. Mayor Suarez: Or bring it up a little later in the day, if you want to. Vice Mayor Dawkins: Out of respect_ Mayor Suarez: A]1 right. Vice Mayor Dawkins: ...to J. L. Plummer. OK? And I want J. L. Plummer only. I'll remove my objection. But I'm still unhappy with it. Commissioner Plummer: I move item two. Mayor Suarez: So moved. Commissioner Plummer: CA-2. Commissioner De Yurre: Second. Mayor Suarez: So moved. Second. I want to put in the record that when we were in Kagoshima, it was established that Vice Mayor Dawkins is a direct descendant of Japanese forbearers of that country and, therefore, he is Asian. He took a picture in front of the guy. lie said, that's true, I see the resemblance. We've got it down now, so we've got you in another category. All right, any discussion? I£ not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-424 A RESOLUTION AUTHORIZING FUNDING FOR THE SPONSORSHIP OF THE FLORIDA WAVE DRUM AND BUGLE CORPS, IN AN AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Plummer: I hereby designate Commissioner Dawkins as the head majorette. In your tutu. Vice Mayor Dawkins: I will lead them if they don't go to South Africa. if they go to South Africa, I will not be the drum major. ]4 June 7, 1990 6. ALLOCATE $.15,000 Its SUPPOPT OF' '1'IIE YOUTH CRIMFWATCH OF' AMERICA PROGRAM, WITH PROVISO. Mayor Suarez: CA-4_ Is that... well, I'm sorry, nobody wanted to bring up CA-4, I don't think. That was cool. You did, ma'am, I guess. Please give us your name and address and tell us what. your interest is in our resolving CA-4. Ms. Lori Knight: OK, I'm Lori Knight with Youth Crime Watch of America and we're at 5220 Biscayne Boulevard and I'm the coordinator of the Fourth National Youth Crime Prevention Conference. Mayor Suarez: In the City of Miami. Ms. Knight: City of Miami. Mayor Suarez: Very good. Ms. Knight: And with the exception of Commissioner Alonso, most of you probably remember me - you've given your support every year to the National Youth Crime Prevention Conference and we're here before you today to receive your support once again for the upcoming conference that's being held October 4th through 6th at the InterContinental Hotel. Every year there are... last year, there were a thousand people from around the nation of which approximately 150 to 200 people were from the City of Miami, including tri- ethnic mix of students, teachers, police officers, and other people, community people, and parents. And we're requesting this goes back on today because the process is quite lengthy to receive the funds from the Law Enforcement Trust Fund and we will need the money within the next 60 to 90 days. So, we would appreciate your support. We are getting $23,000 from the Metro -Dade Police Department Law Enforcement Trust Fund. I know, every year when I speak with Commissioner Dawkins, that's always the question he asks and I know that's important to all. of you that the community and the County and other municipalities are participating. So, we do request your support. Vice Mayor Dawkins: That's my next question. What are you getting from the County? Ms. Knight: $23,000. Vice Mayor Dawkins: Twenty-three thou. What are you getting from Hialeah? Ms. Knight: We always get support. in terms of printing, inkind services and tremendous support in terms of registrations. Vice Mayor Dawkins: That equals what? That equals the total amount of dollars, the inkind service would equal how many dollars? Ms. Knight: In the past, it's always been approximately between $500 and $1,000, registrations... •_ Vice Mayor Dawkins: Twenty-five hundred dollars. What are we get... Ms. Knight: I have not sat down with them yet this year and I... Vice Mayor Dawkins: OK, what are you going to ask Miami Beach for? Ms. Knight: Again, for their support in terms of registrations, students, teachers... Vice Mayor Dawkins: You see, my only problem with this is, every year everybody else gets asked or support ive services and we get. asked for cash. Now, they all have the same funds that w( l;avr,. So, sometimes, we should be asked for the supportiveservice: and Some of these other people who are ready to solve crime and help ycuth can corucup Faith svi3e ri,oney. Ms. Knight: Right. Weil, actually, the budget that 1 had given to the Police Department involves services, but my understanding is, we c,-e to pay for the services from an invoice. We receive the funding an-' iir-n pay for the services. And that's the way we've done it in the past. 15 ur.e 7, 1990 -11 Vice Ma'_vor Dawkins: Yes, all right., :,ee, you bark t rac k... all right, tell you what, I'll move $5,000 and see. how yaii find the rest.. I mean, you're throwing me a curve. Ms. Knight: I understand that, I... Vice Mayor. Dawkins: You don't throw me the curve. I mean, I've been working with you ever since you've been here. So, be honest with me. Ms. Knight: I know and I appreciate that. I'm being very honest, we have a budget that I could present to all of you of why we need the $15,000 of which several thousand of that is to fund students from the local community. Vice Mayor Dawkins: But., you do not put pressure, in my opinion, on the rest of the community. You all come down here to us because we're a soft touch. Mayor Suarez: Is it related to the Crime Watch organization? Ms. Knight: Yes, this is an outgrowth of the Youth Crime Watch Program that's mandated in all Dade County public schools. Vice Mayor Dawkins: How much the School Board's giving? Ms. Knight: They contribute - their budget that they give to Youth Crime Watch is $160,000 a year. Vice Mayor Dawkins: To you? Ms. Knight: Not to the conference. They donate all of the people and the time. Vice Mayor Dawkins: See, here you go... see, you're throwing me another curve. See? What do they - what, you see... Ms. Knight: If it weren't for the Dade County schools, we couldn't put on the conference. They send a teacher from every school. Vice Mayor Dawkins: OK, then, all right. I move that we deny you $15,000 and you go to the School Board and let them put this on. You see, no it's not... if it wasn't for our $15,000, you couldn't put it on. Ms. Knight: That's right. Vice Mayor Dawkins: And you do a tremendous job. Ms. Knight: Thank you. Vice Mayor Dawkins: The program is well received, youth enjoy it, but I just feel that some kind of a way we shouldn't be the only one. Ms. Knight: We're proud to say that it goes beyond the youth just enjoying it. It's something that we can prove the hard statistics that it has reduced crime and drugs in the inner City schools. Vice Mayor Dawkins: OK, I move it with this stipulation. That in the event that they come back to us next year and they don't have two municipalities contributing as much money as they're asking us for, I will move not to give them one penny. Now, that's the way I move it. I don't know if it will get a second or not. Mayor Suarez: So moved. It's a conditioned premised on... Commissioner De Yurre: Second. Mayor Suarez: ...things that will liappen in the future. discussion? If not, please call the roll. Seconded. Any 16 June 7, 1990 11 The following rpszoliitirm irntri,r:r!,c; h;y Commi.c=inner Pa-,7Itins, faho moved its adoption: RESOLUTION NO. 90-425 A RESOLUTION AUTHORIZING AN EXPENDITURE OF $15,000 IN SUPPORT OF THE YOUTH CRIMEWATCH OF AMERICA PROGRAM; AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVLNG BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted Mere 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. -------------------------------------------------------------------------------- 7. ACCEPT BIDS: (A) SANTOS D. PAZOS SCHOOL BUS SERVICE, (B) CARLOS AND SUSANA SCHOOL BUS SERVICE, (C) MANOLIN AND PILAR MARTINET. SCHOOL BUS SERVICE, AND (D) JULIO BALSERA SCHOOL BUS SERVICE, INC. - FOR FURNISHING BUS TRANSPORTATION SERVICES FOR THE SUMMER PROGRAM - FOR PARKS DEPARTMENT. -----------------------------------------•----------------•--------------- --------- Mayor Suarez: OK, the only other one, I think, was CA-13. - i Mr. Odio: I would like to ask the Commissioner to CA-8 to be reconsidered a because the youth program starts... t Mayor Suarez: Is that Law Enforcement Trust Fund also? _ Mr. Odio: No. No, this is the busing for the { kids to the summer programs and we start the program on June 25th and we won't have time to bring this back. - Vice Mayor Dawkins: And the problem I have with it, Mr. Mayor, is... Mayor Suarez: Commissioner, Vice Mayor.... - Vice Mayor Dawkins: ...we have three bus companies. All three of the bus _--= companies have to live and here we have one bus company getting $16,000 of the - work and another guy getting a lousy $900. To me, that doesn't equate out. Mayor Suarez: Why did that happen? Why would one get sixteen and another one 5 �3 nine? Mr. Kevin Smith: The answer to that, sir, is that they have the ability, the bus company got the $16,000 has more buses. They have the ability to address our needs at a lower bid. Mayor Suarez: Is $900 like one unit. and 16 is X number? Mr. Smith: One unit is r; bus for ri trip, :a 66 passenger bus for one round trip. Some of the companies do not have• the capabilities to provide the number of buses we needed. So, when the bid, they bid the number of buses they have. Vice Mayor Dawkins: OK, hold, it, hold it, right there. Did any bus company have the facilities to provide all of the bus service required? v; Mr. Smith: 140, sir. 17 June 7, 1990 Vice Mayor Dawkins: So, therefore, because c>ne bus company could not meet xll of the requirements, none of the buses could meat all of the requirements. Is that right? Mr. Smith: With the exception of one day. The one bus company that got the largest portion of the funding is able to handle the second component of our needs, which is all the field trips. Vice Mayor Dawkins: Wait a minute, let's start all over again. I'll ask you again. Is it any way that either of these bus companies could provide the City of Miami with all its bus needs for the, surnmer program? Mr. Smith: No, sir, none of them could do it. Vice Mayor Dawkins: So, therefore, you knew this, so it wouldn't have been no... it wouldn't have taken march effort to sit down and attempt to divide this work equally. Mr. Smith: With the exception of the variance in the bids submitted, sir. We took the lowest bids. Vice Mayor Dawkins: OK, Mr. City Attorney. Mr. Jorge Fernandez: Yes, sir. Vice Mayor Dawkins: Mr. City Attorney. We put out a bid and we asked for three X amount of bus services. That is the bid. A bid comes in and says, we cannot provide three X but we can provide two X at, one X dollars. Is that a responsive bid? Is that the low and responsive bid? Mr. Fernandez: In order for a bid to be responsive and responsible, it has to address specifically what was set out in the request or in the invitation for bid or request for proposals. Vice Mayor Dawkins: Thank you, sir. So, you did not have the lowest bid. Not the lowest and responsive bid. Mr. Smith: Sir, we didn't bid it as one unit, one company reeding to be able to address all of the transportation needs. Vice Mayor Dawkins: Then why didn't you break it up better so that another company could get more of it? Mr. Smith: We broke them up can the response of the dollar amounts of the bids, the per unit bid. They were based on low bid responses. Mayor Suarez: The one that got. $900 was not shut out in any way? Just bid for one and that's all he had? Mr. Smith: No, sir, they weren't shut out. Mayor Suarez: And the one that got $16,675 did not get preferential treatment or... Mr. Smith: No, sir, he had the... Mayor Suarez: ...is not your relative or... Mr. Smith: No. He had the capabilities and the services and the number of buses we need at the lowest bid. Mayor Suarez: Good old Julio Alcera, right? We've seen him. Mr. Smith: Yes, sir. The responses were based strictly on low bid response. Mayor Suarez: lie does have a lot of buses, i do know that. lie does contribute to the community needs whenever buses are needed he is.. Mr. Smith: lie has ten buses available to provide the services we need. The other. . �i lb JllIle 7, 1990 Vice Mayor I)awKins: I I o w is it -- Hr. Nna7or, or snmehodq up here - what can I do to ask the administration that they provicif�l me with these sort of issues prior to the eleventh hour? OK? Now, if t do not pass this, which I'm inclined not to do, but the Manager wants me to do, then we cannot start our summer program on time. Then, therefore, little boys and girls out here in the community get short. changed, you know, all because the administration failed to do this in a timAly, fashion. You know, at the 11th hours, let's go on up there with it and do it and they'll have nothing to do because, hey, we got little boys and girls to hold over their heads. They wouldn't dare deny this on account of... Mayor Suarez: You know, maybe, Commissioner Plummer is right talking about a commission awareness or system where this goes through a subcommittee, get the all the information that a particular Commissioner has the ability to digest and absorb and then satisfy yourself as to it. Make a recommendation to the Commission as a whole. I have no problem with pursuing that. I have a feeling that on the Law Enforcement Trust Fund, I know, the Vice Mayor is going to be very interested in having a special oversight on that. Vice Mayor Dawkins: The Manager say he has to have it. Mayor Suarez: All right. Vice Mayor Dawkins: Somebody move it, I'm not. moving it. Mayor Suarez: The Manager is talking to union counsel. Commissioner Plummer: I'll move it... Commissioner Alonso: Second. Mayor Suarez: Moved. Second. Commissioner Plummer:...on the Manager's recommendation. If. we need it and we have no alternative, I'll move it. What do you want me to do? The kids ain't going to walk. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-426 A RESOLUTION ACCEPTING THE BIDS OF SANTOS D. PAZOS SCHOOL BUS SERVICE IN THE AMOUNT OF $7,425.00, CARLOS & SUSANA SCHOOL BUS SERVICE IN THE AMOUNT OF $900.00, _ MANOLIN & PILAR MARTINEZ SCHOOL BUS SERVICE IN THE AMOUNT OF $2,800.00 AND JULIO BALSERA SCHOOL BUS SERVICE, INC. IN THE AMOUNT OF $16,675.00 FOR FURNISHING BUS TRANSPORTATION SERVICES FOR THE SUMMER PROGRAM FOR THE DEPARTMENT OF PARKS AND RECREATION AT _ A TOTAL AMOUNT NOT TO EXCEED $27,800.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 GENERAL FUND OPERATION DIVISION BUDGET, ACCOU14T CODE NOS. 580301--530 (21,000.00), 580304-530 ($1,450.00) AND 580211-530 =f; ($5,350.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on =i file in the Office of the City Clerk.) Upon being; seconded by Conunissioner Alonso, the resolution was passed and adopted by the following vote: 19 June 7, 1990 AYES: Commissioner Victor De Y>>rre Commissioner J. L. Plummer, ..Jr. -- Commissioner Miriam Alonso Mayor. Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins. _ ABSENT: None. 8. ACCEPT BID: MAN CON, INC. - FOR LOCAL DRAINAGE. PROJECT E-64 (PROJECT 352267). ------------------------------------------------------------------------------- Mayor Suarez: Item CA-13 was one that I think the Manager wanted to have reconsidered? Who wanted that? Mr. Luis Prieto: Clarification. We just want to clarify. Mayor Suarez: Our friendly Public Works Director who always steps up to the mike. Yes, Dr. Prieto. Mr. Prieto: It was a matter of clarification. In the sheets that, we supplied to you, all the companies had presented a five percent bid bond except the low bidder, 2.5. We wanted to discuss it. to make sure that it was understood by all the members of the Commission that, in fact, the bid bond is irrelevant in the amount, in this case, because all of the bid bonds do not cost the bidders any amount of money. It's actually a gratuitious service that is granted by the bid bond company in exchange that if they get the contract, of course, they get the performance bond. So, everybody has bid under the same circumstance and we posit to you this is a minor irregularity and that you approve it as it stands. Mr. Jorge Fernandez: But you need, Mr. Mayor, point of order, you need to, as a matter of vote, waive the irregularity. It is an irregularity that's waivable because it's really inconsequential, but in order for the bid to be in proper form, you need to recognize it., move on it. Mayor Suarez: Can that be built into a motion on the item and... Mr. Fernandez: Correct. Vice Mayor Dawkins: Did anybody pull fourteen? Mayor Suarez: No, but we reconsider it if you like. OK, on CA-13, on that recommendation, if nobody has any problem, I'll entertain a motion with the waiver built in. Vice Mayor Dawkins: Who pulled it, J.L.? Mayor Suarez: I think the administration pulled it. Vice Mayor Dawkins: You want to pull it or leave it up there, Mr. Manager? Mr. Odio: No, no... Mr. Prieto: No, no, we wart to leave it in. Mr. Odio: We want to pass it. Commissioner Alonso: Dr. Prieto needs it, now lie's want it back. Mr. Prieto We just wanted to clarify it. Mr. Odio: We needed to clarify the Commissioner Alonso: Yes, 1 move, Vice Mayor Dawkins: Second, 20 June 7, 1990 �s 0 Mayor st_:are7: gloved and seconded. Anv Tr not., please call the roll. Mr. City Attorney, do wt- ne?d t,o c l ar i fy :icy f!irther vhat the waiver is, on the record? Mr. Fernandez: No, you don't, Mayor Suarez: All right.. Cai.l the roll.. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION N0, 90-427 A RESOLUTION ACCEPTING THE BID OF MAN CON, INC., IN AN AMOUNT NOT TO EXCEED $617,075.00, TOTAL BID OF THE PROPOSAL, FOR LOCAL DRAINAGE: PROJECT E-64, AFTER WAIVING A MINOR IRREGULARITY ON THE PARK OF SAID FIRM, WITH MONIES THEREFOR BEING ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 352267, IN THE AMOUNT OF $617,075.00 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.) 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. — Mayor Suarez: Commissioner... Commissioner Alonso: Excuse me, just for the record, Dr. Prieto, remember we like to know whether the companies are local or not... Mr. Prieto: That's right. Commissioner Alonso: ...and it was not spelled in this item. Mr. Prieto: This is a Pompano Beach company, ma'am; yes. Thank you. -"� Commissioner Alonso: OK, thank you. c -----------------------_-----------------------------------------------�------- — 9. (Continued Discussion) CLARIFYING CO11MENTS CONCERNING EASEMENT GRANTED i.1 TO METROPOLITAN DADE COUNTY FOR CONSTRUCTION OF NEW VENTURI WATER _= METERI14G STATIO14 - RECYCLING BINS BEING STOLE14 AND ALUMINUM ITEMS ALSO BEING STOLEN (See label 4.12). Commissioner Plummer: Mr. Mayor, on item 14 nobody Etas pulled it, but I just - wanted to bring to your attention something I brought to the Manager's attention and I didn't do what lie told me. The recycling, the bins, you know, the blue bins, we had a man go down my street. with a pickup truck stealing ' them. OK? Finally, when he trot across the street from my house, my neighbor yelled at. him and he got in hip- pickup truck and hauled baggage, buggy, and bins. But, I want: to bring to ,✓our attention that it is a problem that at least ten people on my block nvw are without cJre hires because they're left out. on the street. I don't know what ie!sale value they have or what they're using them for, but I just want to brine; it, to your attention t.iiat in a pilot program... 21 June 7, 1990 Lj 11 Mr.. Odio: Well, those are, thy-! t.hirip, s that we're looking at in the pilot program. Commissioner Plummer: Is that the same, Mr. Miyot.-, what. I - Mr. Manager, what I just did is you told me to make a report of. the Police Department? Mr. Odio: Yes. Commissioner Plummer: OK. Mr. Odio: You didn't do it? Commissioner Plummer: It's done. Mr. Odio: OK. Vice Mayor Dawkins: OK, Mr.. Manager... Mr. Odio: Yes, sir. Vice Mayor Dawkins: On page 25 of the backup material on 14, page 25. And I've said this before and I'm asking again today, will somebody tell me what aluminum cans, price for each month shall be. ten cents per pound below the average of the high low price for that month for loose, flattened, used beverage cans. All right... Mr. Odio: This is funny English here, I... I'll have to sit here and wonder what he says. Vice Mayor Dawkins: Two cents per pound for the life of the agreement; green glass, $20 per pound, below the average of the high low price paid for that month. How do I know what the high low price? You know, this.. and I went through this with you before and each time you got. here - what is this other one here? Mr. Odio: It says the same thing on the green... Vice Mayor Dawkins: Newspaper, newspaper, newspaper. You know, well what is the high low for the month? What does that mean and how much we going to be getting a pound for the... Mr. Odio: Well, you take, let's say, the high price is ten, the low price is two, and you take the average of the two and that what pay. That's what it means. Vice Mayor Dawkins: OK. Mr. Odio: I don't know why they make itso complex, Commissioner... 1 Vice Mayor Dawkins: I don't either. _a Mr. Odio: ...but I'm with you on that, I don't know why. =i Vice Mayor Dawkins: See, ten cents per pound below the average of the high low price, you know. Mr. Odio: Yes, that's what it... Vice Mayor Dawkins: Now, the high low price is like you say, five and two is seven and... Mr. Odio: So, so .. . Vice Mayor Dawkins: ...sc) - ana if W(! come out with $5, than they're going to pay me $4.90 a pound, ten cents below, whatever ttie medium is. Mr. Odio: This is the way this industry works and I would snake it cleaner, but if you want to; 1 can take it bark acid see if we can change it to a... Vice Mayor Dawkins: No, 1 told you to ehar:ge itthe last time. `� June 7, 1990 Mr. Odiio: Yns, brit thev F--nn'I I h-v aid tIiis is the standard operating prices or whatever they have. Vice Mayor Dawkins: I don't mind that., but tell me what it's going to be a pound. Mr. Odio: Yes, I understand what you're, saying. I really do. Vice Mayor Dawkins: That's all I wanted... Commissioner Plummer: Well, I think the market changes almost on a weekly basis. Mr. Odio: But, you see, that's... Vice Mayor Dawkins: Well, give me... well, T mean, I got enough intelligence to get an average of last month, the high and low was this and, therefore, it was this. Mayor Suarez: Yes, give us a range. Vice Mayor Dawkins: lour months ago, the high and low was this, therefore, it's this. Let me see some figures of what we're talking about because it may be to our advantage to sell it outright ourselves. Commissioner Plummer: Mr. Manager, let me ask you a question. On these trucks that we allow to buy aluminum, did we not pass a portion of that that said the only thing that they could buy was the cans? Vice Mayor Dawkins: That's right. Mr. Odio: Yes, you did limit them to - yes, you did. Mayor Suarez: No piping, no... Vice Mayor Dawkins: No aluminum. Mayor Suarez: No siding. Mr. Odio: And they are not supposed to - yes. Commissioner Plummer: OK, just for... the reason... Mr. Odio: That was the... yes, I remember that. Commissioner Plummer: The area of my concern 1. was just telling my colleague, the other day about 4:00 o'clock in the morning, they caught four guys going down the street with a 22 by 22 foot aluminum carport. And you know where it was going. And worse than that, they caught two guys at the bridge at 37th Avenue and 18th Street taking parts of the bridge that were aluminum. So, I want to make sure... Mr. Manager, Mr. Manager - hello? I think we need to go further if we've regulated those trucks of the people that are buying aluminum. 1 think that we've got to go further in regulating. I know there's a lot of barbecues that are disappearing. I know there's a lot of carports that are disappearing, storm shutters that are disappearing, and we've got to have some kind of control or this thing is going to really get out of hand. Mr. Odic: OK, I'll... Commissioner Plummer: So, I think we need to look into some kind of regulation and enforcement because, if not, there's not a house going to be left. If they have aluminum storm shutters, they're gone. Mr. Odio: I'll bring something tuck., Conunissioner. Commissioner Plummer: OK, so 1 think we need to look into that.. Mr. Odio: Commissioner Dawkins, what do you want. me to do with this one? Vice Mayor Dawkins: With which one? Mr. Odio: On the recycling. Do you want n,c to take it back or - OK? 23 June 7, 1990 Vice Mayor Da,•,,kin-,: T , no. 1'c,, tir. "an:i;:.-r .. . Mr. Odio: No, you're right. Vice Mayor Dawkins: T th1n►c it'c the P,enoraI consensus among the Commissioners that recycling is a pain in the City of Miami's bonnet and we all realize that we are going to be left holding, the bag for a project that the federal government has initiated. Now, you've been to Washington, I've gone to Washington and they've told us that once the demonstration money is over, then we have to pick up the cost. Mr. Odio: Yes, sir. Vice Mayor Dawkins: So, therefore, we're taking money demonstrating that we can recycle materials, but when the demonstration period if over... Mr. Odio: Then we're stuck. Vice Mayor Dawkins: ...then we've got to assume the money for the personnel. Mr. Odio: Yes, sir. Vice Mayor Dawkins: We've got to assume the money for going to the dump to dump these recyclable materials that nobody else will buy and it stands to reason that the more recyclables that are collected within the County, the lower the asking price is going to be. Mr. Odio: Sure, because there's going to be an over supply. Vice Mayor Dawkins: See? And then, eventually, someone is going to get saturated with - for the lack of a better word, rags - and this person will no longer buy any rags and now the City of Miami, through its recycling project, is going to have tons and tons of rags and we don't know what to do with. Mr. Odio: That's why I asked you. Maybe we should be looking at what the County is doing. We need to look at this recycling thing. Vice Mayor Dawkins: If you look at what the County is doing, you are only prolonging your agony. Mr. Odio: Well, yes. Vice Mayor Dawkins: If the County picks up the same rags and they got to dump them, who are they going to charge to dump them? The citizens of the City of Miami. So, you know, don't look at what the County is doing. We need to be new and innovative and find something of our own to attack the problem. I'm sorry, Mr. Mayor, we... ~' Commissioner Plummer: Maybe we. ought to suggest to the Miami Herald, since they're one of the biggest distributors of paper that they ought to create their own recycling plant. v' Mr. Odio: No, they do have one. As a matter of fact., they do have one in Georgia. Vice Mayor Dawkins: No, they don't get it out at my house. Mr. Odio: No, but they have it recycling plant in Georgia and, at one point, I 1 think they're looking for a location in Miami and 1 offered them to look into the Wynwood area. Mayor Suarez: There's too much newspaper right. now... Mr. Odio: Yes. Mayor Suarez: ...for the new,;papers for the amount that they recycle and there's not enough recycling plants in the country. Corrtnnissioner PluaLmer: Well, it would save a lot of trees, I do believe, Mayor Suarez: Yes. dune 7, 1990 Commissioner Plummer: P I u s th+-• f.1Ct, ! a,il told bv, i think th- t!anapnr, or Ingraham, that 30 percent of th,7 tonnac;A of g=?rbapcF that they handle today is newspapers, magazines, and cardboard. Mr. Odio: Yes, the Herald is a heavy garbage. Commissioner Plummer: And if we could save... they're a heavy what? If we could save that amount of tonnage of not, having to pay that bill, I think it would be great. Mayor Suarez: Mr. Manager too, you need to have the negative incentive, for lack of a better word, to make recycling work. You need to pass legislation and I have not seen any proposed by your staff, your trusted Assistant City Manager I see there, industrial engineer, t.hat... Commissioner Plummer: Wh00000000a! Mr. Odio: That's a bad word. That's a bad word around here. Vice Mayor Dawkins: We've done away with that. Commissioner Plummer: Ohhhhhhhh! Commissioner Alonso: !?round here, I would say so. Mayor Suarez: I have an idea what it means now. I'm beginning to learn what an industrial engineer is. Commissioner Plummer: Below the belt. Mayor Suarez: As to no - I mean, for deposit and return bottles and containers, if you create the incentive, if you make anything else illegal and you otherwise prohibit it, then people have an incentive to not discard the stuff. And we don't have legislation and until we begin to do that, the whole process is not as economically viable as the Vice Mayor is pointing out because the stuff just isn't worth that much. _ Mr. Odio: No, no, you're right there. Two cities that have incentives and we are looking at them. I asked Commissioner Dawkins to look at the Seattle plan and there's one other plan here in the State of Florida that creates incentives for people to participate. The problem to all of that is beautiful, but it's very, very costly. Mayor Suarez: Not this. What I'm proposing is legislation that makes it illegal to use any containers other than the ones specified. It is constitutional to do so and a person has a built in incentive to take that bottle back to the store and get the ten cents or whatever. And that is totally free. All it takes is... Mr. Odio: That one, yes, that part of it, yes. _ Mayor Suarez: Other things, you know, may be costly incentives, but that one is just what we want the citizens to get used to instead of using the other junk. All right, we are going_, to get, legislation on that, proposed legislation, or we're going to have to draft it ourselves. The Vice Mayor is going to have to go find every city that has it and it really should come from staff. Do we need to do anything further on the consent agenda? I gather not. First item after the consent agenda. Mayor Suarez: We'll be sharp at 6:00 on that. We'll have to preempt other items. NOTE FOR THE IlECOR1): vice Mayor Dawkins announced that he must leave- the meet ini, at 5:00 p.m. and that. the Coirunission prongitly hear t!ie item scheduled for 6:00 p.m. 25 June 7, 1990 10. BRIEF DISCUSSION RELATING TO; (A) DADE COUNTY DOUBLING ITS TIRE DUMPING FEE, AND (B) FEEDING THE HUNGRY. Vice Mayor Dawkins: The other thing, is, we must do somethinp, Mr. Mayor and fellow Commissioners, these... Dade. County has doubled its tire dumping fee and in the City of Miami - Mr. Ingraham or Somebody over there - we pick up approximately how many tires a week? -approximately. Where people dump them on private property. Mr. Joseph Ingraham: Sir, we pick up on an average about maybe five to six thousand pounds of tires a week. Now, that's very conservative. Vice Mayor Dawkins: Now, with the County adding to their dumping fee, people are going to find us easier and we're going to have to pick up these tires and dump them so we need to find a better way of policing our area to be sure that they stop dumping these tires. We need to do something. And the other thing I'll say and be finished with it is, in my neighborhood only, I have been told that they are going to continue to feed people in their churches and if we, the City fathers, do not like it, we can come out and attempt to lock their doors. But as long as they do not have lines standing outside like they feed once a week, they are going; to continue to feed. They gave that to me over the phone. They've left messages with my wife. Therefore, I must tell you, Thank you. Commissioner Alonso: May I make a comment on that? I think that the intention as I have asked several times, Mr. Sergio Rodriguez and several people from the administration, the intention of the City was not to stop what we have had through the years without. any problems, and I think the churches services has been providing food, clothing and whatever is needed for the needy and that will never stop. And I don't think it was ever the intention of Mr. Sergio Rodriguez or the City of Miami to stop that from happening. And I think it's perhaps important that we clarify even that a little bit further at the appropriate time. Mayor Suarez: And it's been going on, I know, at Christ Episcopal without any major problems for anybody. Commissioner Alonso: Not at all. No problems. Mayor Suarez: It can be done quite well if, you know, it's properly administered and a proper number of people, etcetera. I don'treally know what the brouhaha is all about actually. -------------- _-------------------_ -------------•--------------------------- 11. (A) DISCUSSION CONCERNING COM111SSIONERS SERVING ON CITY BOARDS/COMMITTEES. (B) INSTRUCT CITY ATTORNEY TO DRAFT A RESOLUTION FOR A PROPOSED CHARTEIi AMENDMEN'.i' CONCERNING WHETHER A COMMISSIONER SHALL SERVE ON THE OFF-STREET PARKING AUTHORITY BOARD IN THE CAPACITY OF EX- OFFICIO CHAIRMAN (See label 13). ------------------------------------------------------------------------------ Mayor Suarez: The appointment of City Conunissioners as member of boards and/or committees. Is this the item that - do you want to consider this today or did you propose that this be... Commissioner De Yurre: No, we're ready to go. Mayor Suarez: OK, would the idea be to express preferences and go ahead and build into a ordinance a cotrunittee system? Is that where we are? Commissioner De Yurre: Yes, there are four.. Commissioner Alonso: 1 want a clarification on this. I did not know that I was a Commissioner in 8? and I was ir; charge c i a cotwrlittee, Vision of 2000 2b June 7, 1990 Committee. I didn't knt.}fat.. [},F y shenl-' Iet mn knote. I see that in the backup. Mayor Suarez: OK, I'm sorry. I confused this a little bit.. This is just the appointment of Commissioners as members of boards and/or committees. Where are we on that., Mr. Manager? Commissioner Plummer: Oh, oil, oh.... Number two on the regular agenda. How did they delineate that, by the w�iy? Mayor Suarez: We have built into an ordinance, the Sports & Exhibition Authority. We have the Downtown Development Authority. Commissioner Plummer: No, that's yours. Commissioner Alonso: Yes, that stays. Commissioner Plummer: That is only for the Mayor. Commissioner Alonso: Yes. Mayor Suarez: We have the Off Street Parking Authority which would require a change in the charter. Should we not go ahead and begin to move on that to see if the voters will approve? -or is there any other possible way that we can say that we have a Commissioner who is ex officio chairman of the Off Street Parking Authority... Mr. Jorge Fernandez: No. Mayor Suarez: ...assuming that all of the Commissioners would like to see that happen, which I gather that we do, or... Mr. Fernandez: The answer to the question is no, Mr. Mayor. You would need to have the Charter question placed to the voters. Mayor Suarez: When would be the earliest time, if we were inclined to do that, that we could get that on the ballot? Mr. Fernandez: You have three elections coming up in the fall. You have an election in September, October, and November and depending on which one of those three elections you would like to out at their dates at control. Because this is a Charter amendment, you have to consider the question for the first time no earlier than 60 days so that means that you need to pass ultimately two resolutions. The first resolution authorizing or instructing the City Attorney to come back to you with a proper ballot question and calling for an election. That you may do... if you want to go to the September election, you may do that today. Then, at the next City Commission meeting in July, consider that final resolution and then it will be properly put on the ballot. If you want. to go to the October election, then I need to work out the computations of the dates, but you're certainly in time to bring this question to the electors at any time. — l Mayor Suarez: Commissioners, I don't know how you feel about it, but I would like to get that process moving beca.ise the quicker we get one of our members on that board, the more we're going to be clear on what they're doing, give them quick input, an automatic input and direct it a little bit more so that we don't have this sort of, almost adversarial relationship. Commissioner Plummer: But. ad hoc means nor, voting. Mayor Suarez: Did you say ad hoc? ' Mr. Fernandez: No. Commissioner Plutraner: Somebody, 1 heard the word.. Mayor. Suarez: Oh, I said ex officio, but no, voting, voting. Mr. Fernandez. Ex officio could t:e voting. Commissioner Alonso. Oh voting, definitely. '7 June 7, 1990 Mr. Fa_rnandpz: Mo, ey, nff i-:i_o r in ,,,t n, vr�r, Commissioner Plummer: Ad hoc_ cannot.. Wail, tir. Mayor, I'll tell you how I feel about it. Just about an,v issue you want to put on a referendum, we're merely giving the information to the public and they're making the decision. It's up to them to decide whether they feel they want or they don't and I have to tell you that I think tho voters of. the City of Hirai have, in the past, shown that they do pick and choose between different issues that are presented. I have really no qualms, if you want. to put that on as an item for the people of the community to speak to, wily not? Vice Mayor Dawkins: So move. Commissioner Plummer: I'm going; to be bringing up another issue. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Any discussion on that? If not, please call the roll. The following motion was int.rodcicf�d by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-428 A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE A RESOLUTION CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MIAMI IN THE MONTH OF NOVEMBER IN CONNECTION WITH A PROPOSED CHARTER AMENDMENT TO BE PLACED Old THE BALLOT CONCERNING WHETHER A CITY COMMISSIONER SHALL SERVE ON THE OFF-STREET PARKING BOARD, IN THE CAPACITY OF EX-OFFICIO CHAIRMAN. Upon being seconded by Commissioner Alonso, 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 NOES: None. ABSENT: None. Commissioner Plummer: May I bring up the other one at this time? Is that appropriate? Mr. Fernandez: ...point of clarification, Commissioner Plummer... Commissioner Plummer: Sure. Mr. Fernandez: Excuse me. Was this motion the motion instructing the City Attorney to prepare... Ms. Hirai: Yes. Mr. Fernandez: OK. Commissioner Plummer: Mr. Manager... Mayor Suarez: We have to go through the rest of the boards too and get clarification on all of them. Commissioner Plummer: OK, no, far as... Commissioner Alonso: Excuse me, Commissioner... Commissioner Plummer: Sure. 28 June 7, 1990 11 E Commissioner Alonso: ...do ,.o mnk- the (IrrFrr*;inat.it)n no,-.1 f:het_her it. will be in the ballot in Septnmbsnr or tictob-r f:r POVf. 'rnt-ier? Mayor Suarez: Is it tight in Sept emb=t'! -is that �-.,hat you're saying? Can it be... Mr. Fernandez: Yes. Commissioner Alonso: I would rather have it in November... Mayor Suarez: November. Commissioner Alonso: ...for one reason. Mr. Fernandez: Well, if it's November, you're premature in considering it. You cannot consider this question or you cannot instruct me to draft it if you want to put it in the November election, until July the 9th. Mayor Suarez: I beg to differ with you. We can instruct you to begin drafting anytime just so you bring... Commissioner Plummer: Right. Mr. Fernandez: OK, all right. Bring it to you for the first time then and then you pass on it. Mayor Suarez: Yes, i mean, so that we don't have to redo this again. I mean, it's pretty clear how we feel about it. ------------------------------------------------------------------------------ 12. DISCUSSION CONCERNING PROPOSED CHARTER AMENDMENT REGARDING CITY COMMISSION COMPENSATION. --------•------------------------------------------------------------------------- Commissioner Plummer; Mr. Mayor... Mayor Suarez: Commissioner Plummer. Commissioner Plummer: ...the other one that I wanted to bring forth and it is -- an item on the agenda, as you know there's been many times in which salaries and compensation have been put forth to the ballot and have been turned down and there's many reasons for that. I think anyone that I've ever spoke to feels that the compensation that a Commissioner receives presently is ridiculous. And I think we all agree on that. I think that the Miami Herald, and I hate to agree with them, but I had to agree with them in the last, that there should be a Charter amendment removing the setting of the salaries from a referendum. The people who make those decisions stand the test at election time and I would propose that we track that same wording, and you have the editorial... Mayor Suarez: The very simple wording that would say... Commissioner Plummer: That is removed... the setting of the compensation of the Commission... Mayor Suarez: ...eliminat.ing that provision in the Charter. Commissioner Plummer: from a referendum. Today it takes a referendum.... Mayor Suarez: Yes. Commissioner Plummer: I mean, it's impossible. Mayor Suarez: Wouldn't. the simplest way be to say that that provision in the Charter- is eliminated so that... or do we have to have affirmative wording that specifies how the salaries would be set? -or could we say by State law, maybe, in accordance with State law? Anyhow, Mr.... Mr. Fernandez: You may do whatever in that regard. �9 June. 7, 1990 Commissioner Flurlmer: OK, Mayor Suarez: OK, Mr. City Attorney, wwiId yrm draft... Commissioner Plummer: 1.et, me do it this vay, let me make a motion at.. Mayor Suarez: ... I think. the intention i s to do it. i n a way that. we don't get into the issue of what the salary vrottld be. We simply say that it does not have to be by Charter provision. Mr. Fernandez: Right. Commissioner Plummer: OK, by referendum. Mayor Suarez: Which requires a referendum. Commissioner Plummer: OK. I will make a motion at this time instructing the City Attorney to come back with the proper wording at the next meeting for this Commission to decide whether or not we wish to place it on the ballot. Mr. Fernandez: All right, now, this is for what election? -for the November election also? Commissioner Plummer: Whenever you're going to put them on, it's immaterial to me. I think in... Mayor Suarez: Commissioner. Alonso indicated her preference for November, which I think makes the most sense in terms of our system and maybe we ought to - no? Commissioner Alonso: Yes, for the other item. On this item, I don't like to see it on the ballot. Mayor Suarez: This one will put us... when do you want it? Commissioner Plummer: November is fine. Whenever you're going to put the others. Mayor Suarez: This was a little bit more controversial, I think. Maybe have them on separate ballots. By the way... yes, well I mean, even on separate dates. On separate dates rather. Commissioner Plummer: Oh, no, no. I'm not lumping them together. Separate issue, of course. Mayor Suarez: No, definitely on separate ballots but even on separate dates. Mr. Fernandez: Mr. Mayor, the item Commissioner Plummer is talking about is actually agenda item number five. Commissioner Plummer: Yes, I brought it up because you were talking the other. - = Mayor Suarez: OK, but, we're almost there anyhow. I think, Mr. City Attorney... Mr. Fernandez: Yes. —_ Mayor Suarez: ... if Commissioner Plu!nmer has no problem with this, I think the wording can be very good if it's stated in terms of that the salaries will -� be set in accordance with State law. Commissioner Plummer: 1 have no problem with that,. Mayor Suarez: You kno::, tells people- that there are guidelines, that there are limitations, that there are con::traint.s, and, yet doesn't get into the issue of the amount or anything like that. Mr. Fernandez: State law really only addresses County. That 1 know of, State law does not address municipalities. 70 June 7, 1990 Mayor S�Anrs ?z! l,rlr)k it i t i t 111 Tl. ;JC•t! ,.ftn inl tl e TP*4n tC l j+al i t.teg, J think it's broad enoii h. Commissioner Plummer: }low about the same guidelines woi.ild be applied to the City? Mr. Fernandez: Sure. Mayor Suarez: Or to say, the same guidelines as prescribed by State law for counties. M. Fernandez: Sure. Commissioner Plummer: That's fine. Mayor Suarez: All right, back to the boards. Do you want to vote on that item and then we'll decide .later on the dates for inclusion? Mr. Fernandez: Yes, as a motion that would be fine. Commissioner Plummer: I so move. Mayor Suarez: So moved. Commissioner De Yurre: What is the motion? Mayor Suarez: For the City Attorney to prepare a Charter amendment. that would make the salaries of the Commission not subject to referendum approval and we just discussed some of the wording that it may have. Commissioner De Yurre: OK. Vice Mayor Dawkins: And it would be placed on the ballot for the citizens to vote on. Commissioner Plummer: It has to be. Mr. Fernandez: That is correct. Commissioner De Yurre: Now, we're voting on instructing the City Attorney, we're not voting on the actual... Commissioner Plummer: Just to prepare it. Commissioner De Yurre: OK. Mayor Suarez: On the actual wording on it.. But, we're not even voting on the date yet.. I hope that we get a consensus on that and be ready to vote on the date. Vice Mayor Dawkins: No further ouestions. Ms. Hirai: Need a second, fir. Mayor. Commissioner De Yurre: Let me just say something for the record. You know, when we're talking about cutbacks and a whole bunch of. things, I can't see this concept, of pay raises for the Commission, flying at all. And I don't think it's... personally, I don't thin]( it's ttte right time to bring the issue Lip. That's my personal feeling. But I'll vote along with, you know, with the rest of the Commission. Commissioner Plummer: Let's see Jhat it looks like. Mayor Suarez: Remember that, t'lat ther-c's no implication that we would actually ever take a vote on it.. It's just a matter of changing the system for it. All right, we have a motion. Do we have a second? I'll second. Vice Mayor Dawkins: A.ny further discussion? OK, hearing none, call the roll. 31 June 7, 1990 ThP following moti.r,n %-.,aS inn rod" pro by Ssion- r E'11_immnr, ?d}17 mO�rnd its adoption: NOTION NO. 90-429 A MOTION DIRECT1N(, TI11i CITY AT'TORNFY TO PREPARE APPROPRIATE; LANGUAGE. FOP AN, OPPINANCE WITH RESPECT TO THE SETTING OF SAVARIFS OF CITY COMMISSIONERS IN ACCORDANCE WITH PARAMETERS S i N STATE LAW WHICH PRESENTLY CONTROL SALARIES FOR COUNTY COMMISSIONERS; FURTHER INSTRUCTING T'HF, CITY ATTORNEY TO BRING BACK DRAFTED LANGUAGE IN CONNECTION WITH SAME FOR THE COMMISSION'S CONSIDERATION AND REVIEW IN ORDER THAT A DETERMINATION CAN BE MADE WHETHER TO PLACE SAID ISSUE ON THE BALLOT. Upon being seconded by Mayor Suarez, 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 NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: Just for the sake that it comes back for discussion, but I don't feel it's the right time. Yes. 13, (A) (Continued Discussion) DEFER CONSIDERATION OF APPOINTMENT OF CITY COMMISSIONERS AS MEMBERS OF BOARDS AND/OR COMMITTEES (See Label 1 1) . (B) COMMISSIONER PLUtIMER TO GHAT;: 'THE INTERNATIONAL TRADE BOARD. Mayor Suarez: Any other boards? We have Bayfront Park Management Trust. Commissioner Plummer: Who wants it can have it. Mayor Suarez: One of the most. desired boards. What do you want to do on that? Do you also want to build that into a rotating - I mean, there's nothing that prevents... Vice Mayor Dawkins: For what? Mayor Suarez: Yes. Commissioner Plummer: No, no, no, no... Vice Mayor Dawkins: J.L.'s doing great., leave him over there. Commissioner PlurrLnier: No, no, no, no.. . Vice Mayor Dawkins: Yes, yes, yes, yes.... Commissioner Plummer: Not the chairmanship, no, no, no, no, no.... Mayor Suarez: Aren't you chairman:' Aren't you... Vice Mayor Dawkins: Yes, yes, yes, yes... Commissioner Plummer: No, Suit a minute. I'm a mernber, not the chairman. Vice Mayor Dawkins: I move that. J.L. be there for life. June 7, 1990 E El Mayor Strar?z: OK, lifetime cll rmar:�,hip to _i.1.. llnndatory Iifet.i.me. Vice Mayor Dawkins: Thank you. T'll acceFot that. amendment. Commissioner Plummer: Is that even after I feet out of polities you're going to haunt me? Mayor Suarez: Yes, you'll still be out there with a shovel and the sprinklers and... Vice Mayor Dawkins: You can get out of the funeral home business if you want. Mayor Suarez: No, it should be on a rotating basis, but obviously nothing prevents us from reappointing the same Commissioner is he's doing such a great job. Vice Mayor Dawkins: That's right, OK, great. Mayor Suarez: Got any problern with that anybody? Commissioner Plummer: I knew this rotation was going to get me one way or another. Commissioner De Yurre: Well, there's no rotation, it's in a review thing, you know. We feel you're doing a good job and stay there. Commissioner Alonso: Yes. May I ask a question? Mayor Suarez: Commissioner Alonso. Commissioner Alonso: How do we... how are you people going to divide this in a way that everyone will have an opportunity? -if we do it at a shorter time, but I see all of you listed with the exception of this Commissioner. I don't if because I'm a female and you're following the rule that we have seen in society for years... Vice Mayor Dawkins: You're probably right. You're probably right. Commissioner Alonso: ...and I'm not sure, but it might be that case and I want you that I can get very loud... Commissioner Plummer.: Well, wait a minute, tell us what you want and you got it. — Commissioner Alonso: and if that is the case, I might have to do that because you people are ignoring me completely. And by the way, I have some questions for the administration. Where did you get this information that I am in charge of Visions 2000 committee? Mayor Suarez: Visions 2000, it's your name listed right on there. Commissioner Alonso: Yes, I'd like to know, who appointed me? How did I ended up... Mayor Suarez: This is the most important committee the City has. Commissioner Plummer: You'll learn to miss a meeting. Commissioner Alonso: It's good to know that you've been appointed, Mayor. I like to know... Mayor Suarez: What is the Visions 2000 committee? Commissioner Plummer: No, that's the ;state. Commissioner Alonso: I'd like to know ailout this. Who wrote my name and how _-_ did I get. there? 3 3 Mayor Suarez: It begins to function in the year 2000. Commissioner . Alonso: Where it was done. Mdy I have some information. i 33 June 7, 1990 ►"1 Mayor Suarez: It br?gins to f'InCiion it) th^ %1—i- Lon"), So It hasn't mAt. yet. Commissioner. Alonso: Fantastic. Yes, so it. means I'll be here then? Mayor Suarez: No, brit wait, caait, let me just defend the - not. the administration, but. this Commission and as to any appointments that I have a chance to make, Commissioner. Alonso is our representative to the Greater Miami.. . Commissioner Plummer: Tell us what you want.. Commissioner Alonso: A question. I'm asking, I'm asking. Mayor Suarez: ...another great appointment, Commissioner Alonso, the Greater Miami Convention and Visitors Bureau which is not a... Commissioner Alonso: I'd like to know how did I get in this one? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: The City Clerk is busy on the phone trying to figure out what the Visions 2000 committee is... Ms. Hirai: I am calling my office, Mr. Mayor, to research it and see why. Mr. Sergio Rodriguez: I can tell you, 1 can tell you. Visions 2000, may I say? Commissioner Plummer: Visions 2000. You know what it was. Mayor Suarez: We never asked the person who knows. Mr. Rodriguez: I know, but they don't let me talk. Mayor Suarez: You, obviously know. We don't wart you to put on the record what it is. Vice Mayor Dawkins: Hold on, hold on - Mr. Mayor... Commissioner Alonso: You have an answer? Commissioner Plummer: Sure. Vice Mayor Dawkins: Before we start... Commissioner Plummer: It was part of growth management. Vice Mayor Dawkins: ...before anybody starts to answer, what is the question? See, I don't know what we're answering. Mayor Suarez: The Visions 2000 committee is... Vice Mayor Dawkins: No, OK, no, no, no. Commissioner De Yurre's... Mayor Suarez: ...one of. the City's board. Vice Mayor Dawkins: No, no, no. Corrinissioner De Yurre said, and if I'm in error, Commissioner Alonso, correct rr:e. That she does not understand how we're passing over her for these appointments. Commissioner Alonso: Indeed. Vice Mayor Dawkins: Alright, now, that's the question. Vision 200,000, they have nothing to do with it. Commissioner Alonso: No, no, but it does too because I like to know how my name got there and one other quest.ioi,— . Vice Mayor Dawkins: Well, first you Laid you didn't get... Commissioner Alonso: Who was on this ctm,n,i t t ee ? '� June 7, 1990 11 Commissioner Plummer: 1 told yn+�, ;nu missed.. Commissioner Alonso: hold it a minute, Commissioner, you know better than that. Now in the world did I end up here? And have any one of you been appointed to this committee before? Commissioner Plummer: Only because we love you. Commissioner Alonso: No, I was appointed in 18'i. In 187, I did not know I was a Cormmissioner then. Mayor Suarez: In anticipation of your election. Commissioner Plummer: No. Mayor Suarez: In anticipation of: your election in 189, you were appointed two years in advance of your election. Commissioner Alonso: Let alone, I was never appointed to this committee. Commissioner Plummer: I think what, happened is that your predecessor was the chairman of that committee and... Commissioner Alonso: I don't think so but we'll find out. Commissioner Plummer: I do. Commissioner Alonso: Let's get an answer. Commissioner De Yurre: Well, listen, I make a motion that we create a board and make Commissioner Alonso the chairperson. And we'll find out the duties... Commissioner Alonso: Thank you very :much, but I will say that I pass the honors to you, Commissioner. Commissioner Plummer: You know, I knew this was going to happen when we talked about rotation. They all look to the left. Commissioner Alonso: No, I'm looking left and right. Mayor Suarez: OK, do you want.. let's put on the record. It's unfair not to get an idea what the Visions 2000 committee is. Mr. Rodriguez. Commissioner Plummer: It came out of growth management. Mayor Suarez: No, I think it was there before. The Visions 2000 committee, just so we know what it is, so... Mr. Rodriguez: The Visions 2000 committee was created by the State legislature and they appointed a committee to give them advice on what the future of the City should be like and they asked the Commissioners at that time to give names submitted to them and then they themself also appointed members to the committee. 1 beiirve Commissioner Alonso, I don't remember exactly, but was appointed by a member of the legislature at that time. Commissioner Alonso: No, I was not. Mr. Rodriguez: I don't know. 1 don't know. Commissioner Alonso: Let me tell you the true story because 1 do know... Mayor Suarez: Why did you get into that? You were only asked to explain what the Visions 2000 committee was? Commissioner Alonso: The story is, the Mayor appointed me, but he doesn't remember that. Mayor Suarez: Moi? June 7, 1990 Commissioner Alonso: Y?s. I was sitting here the day that they asked for names and he gave my name. Blit it ended lip, T was never appointed Lo that board. So I was never ever a member of that committee. But he gave my name. If you check back the records, you'll find out that, he gave my name at the time of the session. But I was never appointed to that board. Mayor Suarez: So the question is... Commissioner Alonso: So the story from then on, I don't know what it is. Mayor Suarez: The question is, who stopped that appointment from taking effect? Commissioner Alonso: That's. a very good question. I don't, think we should go into that. Mayor Suarez: Ahhhhhh. Mr. Odio: Why don't we just remove this? Mayor Suarez: Thank you. Mr. Odic: Why don't we just surgical remove this from here... Commissioner Plummer: Well, can I ask, what are we doing here with this? Mr. Odio: I don't know. Commissioner Plummer: Are we supposed to be making new rotations today? Mr. Odio: No. In some cases, yes. Mr. Fernandez: Yes, you passed an ordinance - let me get the ordinance... Commissioner Alonso: Yes, we passed an ordinance, we were going to rotate and that we would come in June to discuss this. But what I want to clarify, first of all, don't put my name in something I'm a not a member, first of all. To make it look better, to make that... the only female member of this Commission has one board when, in fact, I have none. Let's make it clear. Mr. Odio: It was the female City Clerk that prepared it. Commissioner Alonso: It's none. Just show it as is and fine, we live with that, we know how to wait. We've been waiting for a long time and we know how to wait. We have patience and we car take care of ourselves. No problem. But... Mr. Odio: It was the City... Commissioner Alonso: Let's do it as it. should be. I am not, I don't have one. Let's spell that very clear, T don't want my name to be written in a committee that I have never been there once because I was not a member. Let alone to say that I was appointed in '87, when, in fact, I was not even a member of. this Commission. Commissioner Plummer: It.'s my fault. Mayor Suarez: The re -.cord reflects that on February 12th, 1987, as the City Clerk is trying to convince ycu; you were appointed. Commissioner Plummer: Why is it my fault? Mayor Suarez: What she doesn't realize, what the City Clerk doesn't realize is that now the burden is on tier to explain why this appointment was never conveyed to you. Commissioner Alonso: Because ,a state repiesentative, Al Gutman, said that he had a problem with me. He considered ITIE' a threat to hie:... Mayor Suarez: He doesn't. sii on this Conur�ission, so 36 June 7, 1990 Commissioner Alonso,: in thn 1,G11 i t ical ,arena, ttiet-efnre, he did not. T,7ant me to be there. You wanted me to say -A nn the record. I did. Mayor Suarez: Did he tell the City Clerk not to forward the appointment? Commissioner Alonso: I don't. know. l receivnd information from your office, Mr. Mayor, one of your assistants, that explained to mn the whole story, gave me copies of the comments that were made in Tallahassee. That's why I feel very strongly my name should not be there. Mayor Suarez: He vetoed an appointment of this Commission? Commissioner Alonso: Yours. Yours. Mayor Suarez: That's not what you ought to do if you're tite representative from Little Havana. Commissioner Alonso: Well? Commissioner De Yurre: Mr. Mayor, I'd iike to clear for the record because I'm kind of confused and f irst of al I, you know, talk about waiting down the line, it took me two and a half years to get on the board, which I just did with the Sports Authority. Commissioner Plummer: What committee do you want? Commissioner Alonso: I want them all. Commissioner Plummer: From one end of the pendulum to the other. Commissioner De Yurre: But my recollection is that - well, let me just wait a minute so we can carry on here. Commissioner Plummer: Are we going to reassign today? Commissioner De Yurre: Well, my issue is that there's no reassignment or I don't think there's any need for reassignment, at this time unless somebody wants a particular board. But the point was, that at the time that we Instructed to have this meeting or to bring this issue up, it wasn't to rotate, it was to revisit the appointments. I don't think there was ever any mention of rotating anything. There was a mention... Commissioner Plummer. No, no, no... Mayor Suarez: The ordinance is clear on it. The ordinance is clear. Commissioner De Yurre: The mention was to visit... Commissioner Plummer: was to rotate. Commissioner De Yurre: No. Mayor Suarez: The ordinance is clear that there's nothing that prevents reappointment. Commissioner De Yurre: So? Commissioner Plummer: No, that's true. Mayor Suarez: The terms are one year, but nothing that prevents reappointment. All right, Commissioners, anything further on this item? We do need... INAUDIBLE COMMENTS 1401' ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: We have ali the boards iisted there. We do have one, in fairness, Commissioner Alonso, because if the appointment rests with me have appointed Corr,missioner Alonso to t.hc- Greater Miami Convention & Visitors Bureau executive board, although that, is riot a City board, per se. It is one in which the City is a participating public agency, one of four. And we really - as you're point ine, out - of her than the Visions 2000 committee, should find boards for you to take l ader hip in and unless I'm missing some, they're all in front of kis right! 4t) June 7, 1990 Vice Mavor Dawkins: No, ll, I'm �^ttinP..... Commissioner Alonso: `les, and alsn the Gre:it.er IIiam1 Convention Bureau was Commissioner Dawkins before... Mayor Suarez: Right. Commissioner Alonso: ...and as ho had stated very clearly at different occasions, we have no power to vote, to say anything. We just sit there and very little we can do. Vice Mayor Dawkins: And I want. the Mayor of this... I won't prolong this because I'll send mine in a letter. Mayor Suarez: All right. Vice Mayor. Dawkins: Can I move 17 and... Commissioner Plummer: Well, wait a minute, wait a minute. Under this discussion, there's one board here, the Stadium Facility Use Committee. That is no longer in existence. That was where we put, everything together for the Orange Bowl. That's out of existence. The first something agreement is out of existence. Yes, those were cne shot committees. Commissioner Alonso: I'd like to defer this item really so that we think about these and come up with suggestions and perhaps we can send some memos and suggestions and we come up with something makes more sense and... Mr. Odio: Well, if I may... Commissioner Alonso: ..because we want to rotate some of them. Commissioner Plummer: Fine. Commissioner Alonso: That's what we have said. Mr. Odio: But if you made, the only things you got left is Bayfront Park Trust... Commissioner Plummer: For the record, any one I got you can have. Mr. Odio: ...Downtown Development Authority is out so International Trade Board... Vice Mayor Dawkins: Well, I am resigning; from the International Trade Board. Somebody can have it. I've had it for two years so I think it should rotate, anybody who wants it. Mayor Suarez: All right, we'll have to, like Commissioner. Alonso's proposing, we'll have to defer. She may or may not wantto serve on that and Commissioner Plummer may or may not want to serve on that. We also... Vice Mayor Dawkins: No, PluruTier's stuck. We will not accept anything from him. Commissioner Plummer: It's fine with me. Mayor Suarez: Well, let's defer the item. It may be that we'll have to come up with an additional oversight board that has important powers so that we can be fair about this. I don't know whether I have a solution right now.... Commissioner Alonso: Or I miy;ht wait for the voters to say they want... Mayor Suarez: The Off Street Parking Board. Commissioner- Alonso: ... thr! Off Stre(:' ;authority and I'll be waiting. Mayor Suarez: All right. Vice Mayor Dawkins: but !'in not i oini; can there. Commissioner De Yurre, if we do not - I mean me, pel-sonally - I'm nut going if we don't have a voting power. I'm not going to... 38 .Tune 7, 1990 0 Mayor Suarez: Oh, no, it'-, got to be ,-pith with vote. Commissioner Alonso: Oh, voting pow(n r. T'hat's... Vice Mayor Dawkins: With a vote, I'm not going to sit there without a vote. Commissioner Alonso: With a vote. Mayor Suarez: Chairman with vote. Mr. Odio: But I, excuse me... Commissioner Plummer: Did you resign officially from the International Trade? Vice Mayor Dawkins: As of now, yes. A letter will be in the mail in a few minutes. Commissioner Plummer: Yes, I'll take it because it goes with Sister Cities. Commissioner Alonso: Commissioner Plummer could take that. Commissioner Plummer: Yes. Mr. Odio: But, excuse me, the Commission appointed a Commissioner Alonso as the member and the Greater Miami Visitors & Convention Bureau and I don't see it listed here. She has been appointed by the Commission. Mayor Suarez: It was appointed by myself. Mr. Odio: It is not a City board. But see, there are other boards that you have to consider that too. Vice Mayor Dawkins: I wanted mine done before... Mayor Suarez: That's what: I just said in the record a couple of minutes ago. Vice Mayor Dawkins: I don't know what this year. Commissioner Alonso: Well, actually, in all fairness, it was done by the Mayor through a memo, so perhaps that's why you don't have it listed. Commissioner Plummer: That bad Mayor. Commissioner Alonso: Yes. Mr. Odio: But what I mean is, maybe you should also list the boards that are not City boards, but other boards. Mayor Suarez: That's right. And that's what. I stated in the record a few minutes ago but the Commissioner is still concerned that some of the City boards she's not sitting on, except for Visions 2000, which, obviously... Vice Mayor Dawkins: Is nothing. Mayor Suarez: ...did not work out. Let's just leave it at that. Commissioner Alonso: Even though now I feel that I should even be invited to visit that board. Mayor Suarez: I think the Visions 2000 board, the next time they meet... Commissioner Alonso: Ask the representation of the City of Miami. Commissioner Plummer: You just. want to throw it in Al Gutman's face. Mayor Suarez: ...should have present at ion by Comrr,issioner Alonso. Maybe we can entice her to participate in that after it was apparently vetoed by a state legislator. I got to find out how that happened. All right. Conunissioners, we'll move to defer the item for further action and we have one resignation that. will give us a little bit, of flexibility already from the Commission. 39 June 7, 1990 Commissioner Plummner: Mr. Mayor, T ould, if this Commis ion so deems, if you wish, I would accept the International Trade Hoard. I think it goes hand in hand with another committee which I servA unofficially, birt still serve, is Sister City. So at any time I'm making it known to this Cormission, upon Commissioner Dawkins' resignation, that. I would accept it. Commissioner Alonso: I move that we approve... I nominate you. Mayor Suarez: So moved. Commissioner Plummer: If. that's what you want. Mayor Suarez: Or seconded. By the way, Nve may also create an ad hoc board, for example, in the Latin Quarter Specialty project and a couple of the other ones where Commissioner Alonso would have a role to play. This is not limited to permanent boards. OK, we have a motion and a second. Vice Mayor Dawkins: And I want. _7. L. to know since he accepted that, I will be fighting the total funding for the International Trade Board during our budget hearing. I want you to know that. Commissioner Plummer: Well, Commissioner, remember and I think I've proven in my 20 years, I serve at the will of this Commission to represent this Commission. If that's the will of this Commission, then so be it. I will not... Vice Mayor Dawkins: It. is, it is but I just didn't want you to think I was going to blind side you. Commissioner Plummer: You've never done that. Vice Mayor Dawkins: OK, all right, no problem. Mayor Suarez: We have a motion and a second on the ITB appointment. Any discussion? If not, please call the roll. That's the International Trade Board. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-430 A RESOLUTION APPOINTING COMMISSIONER J.L. PLUMMER, JR. AS MEMBER AND CHAIRPERSON OF THE INTERNATIONAL TRADE BOARD FOR A TERM OF OFFICE TO EXPIRE ON JUNE 30, 1991. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso _ Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. e ABSENT: None. 4C June 7, 1990 14. APPROVE, IN PRINCIPLE, SAT!% PLAN (MAY 1990) - MAKE FINDING THAT THE PROPOSED WYNIWOOD FOkF,IGN 'TRADE ZONE. IS AN INTEGRAL COMPONENT OF SAID PLAN PROMOTING A REDUCTION IN CR111F,, ETC. Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: Yes, Vice Mayor. Vice Mayor Dawkins: We'vegot sour(- people in here on 17. Could we hear 17 and 18 out of order, please? Mayor Suarez: Surely. Is that... Mr. Jorge Fernandez: You must first hear 18 and then 17. Mayor Suarez: OK, very logically 17 was put before 18 because we must hearing 18 before 17. Commissioner Plummer: Only if I'm assured that Bill Rios .is no longer there. Mayor Suarez: Only in the City of Miami. All right. Mr. Elbert Waters: Mr. Mayor... Commissioner PlummT.er: I'll move 18. Mayor Sua-ez: So moved. Linda Kearson, Esq.: Wait a minute, you have to... Mayor Suarez: We are hereby adjourned as the Miami City Commission and reconstituted as the Wynwood - tell me the rest of the wording. Safe Neighborhood... Mr. Waters: Wynwood Safe Neighborhood Improvement District Board of Directors. Mayor Suarez: That's it. THEREUPON, THE CITY COMMISSION, PURSUANT TO AUTHORITY UNDER ORDINANCE 10460, IPIPANE1,ED ITSELF AS THE BOARD OF DIRECTORS OF T1I F Wl'NbJ00D LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, TO DEAL WITH THE FOLLOWING ISSUE: Commissioner Plummer: And as such, I move 18. Mayor Suarez: OK. And so constituted 18 has been moved. Vice Mayor Dawkins: Second. Mayor Suarez: Commissioners had an opportunity this morning to hear the presentation. Moved and seconded. Any discussion? If not, please call the roll. Commissioner Plununer: Mr. Mayor, itist for clarification, there's one caveat that I asked and I don't think there-'s any problem. That if any improvements are made to that property at a11, it must, he by approval of this COITImiSSion. Mayor Suarez: OK. Ms. Kearson: So noted. Mayor Suarez: So moved. I nie ,n, So provided. Moved and seconded. Any discussion? 1 June 7, 1990 L] 1] CommiBSi.oner Pliimmmr: Antl th.it th,- fI"^ ;o,)t iF, !)nilt in to it. So, t.hpy've got. to move, they've Rot five years to ma:e. If not., then it comes back to us without question. Mayor Suarez: If not, please calI the roil. The following, resolution and motion were introduced by Commissioner Plummer, who moved their adoption: WYNWOOD SAFE; NI?IGimoiRi;00D 11-1PROVI-;t1F'NT DISTRICT BOARD OF DIRECTORS RESOLUTION NO. 90-431 A RESOLUTION, WITII ATTACHMENT, OF TIP-: MIAMI CITY COMMISSION, SITTING iN DULY CONVI3NED SESSION AS THE BOARD OF DIRECTORS OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOOD SNID) APPROVING, IN PRINCIPLE, THE WYNWOOD SAFE NEIGHBORHOOD PLAN (MAY, 1990), IN SUBSTANTIALLY THE ATTACHED FORM; FINDING 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. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 90-431.1 A MOTION OF THE CITY COMMISSION STIPULATING THAT ANY IMPROVEMENTS TO BE MADE IN CONNECTION WITH THE WYNWOOD SAFE NEIGHBORHOOD PLAN MUST FIRST BE APPROVED BY THE CITY COMMISSION. Upon being seconded by Commissioner Dawkins, the resolution and the 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. DISTRICT PLAN 15. MAKE FINDING THAT WYNW000 SAFE NEIGHBORHOOD IMPROVEMENT (MAY 1990) IS CONSISTS-NT WITH LOCAL PLANS AND PROGRAMS - SPECIFICALLY, THE MIAMI COIIPREIIE14SIVE NI-'1GIf 0P11OOD PLAN 1989-2000. - Commissioner Plummer: I now move 17. Mayor Suarez: So moved. Vice Mayor Dawkins: Under discussion. Linda Kearson, Esq.: You li,jve: to "(Al adjourn as the board and... Commissioner Plummer: Ahhhhhhh. Mayor Suarez: We have jue,t �,djeurr,c:d as *ire ,[ June 7, 1990 Mr. Waters: Safe Neighborhood Impro,.r(,m5!nt [)istrir:t. P:o rrd of. Directors. Mayor Suarez: Safe Neighborhood Improvement District Board and we are now re... Mr. Waters: ...convening. Ms. Kearson: And now you're a City Commissioner. Mayor Suarez: Convening, thank you. Commissioner Plummer: So we've had... Mayor Suarez: —as the Miami City Commission again. Commissioner Plummer: We've had three meetings today. THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS BOARD OF DIRECTORS OF THIS, WYNWOOD LOCAL. GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUE, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. Mayor Suarez: Vice Mayor Dawkins, we have - record please the motion and second on that. Vice Mayor Dawkins: Go ahead. No, let him... I'll wait till they get into the middle of it. Mayor Suarez: I don't think we're going to have any discussion unless... Vice Mayor Dawkins: There's no discussion on 17? Ms. Kearson: No. Mayor Suarez: Unless you have some. Mr. Waters: Yes;_ unless you... Vice Mayor Dawkins: Yes, I got plenty. Mr. Waters: Oh, I'm sorry. Item 17. Vice Mayor Dawkins: Yes, what is it? Mr. Waters: Seventeen, sir, what yort're doing is finding that the Wynwood Safe Neighborhood Improvement District plan is consistent with all local plans. Specifically our Miami Comprehensive Neighborhood... Vice Mayor Dawkins: What is their plan? Mr. Waters: The plan is to provide using what is titled crime prevention through environmental design, To attempt to reduce the crime that's transpired in and around the Wynwood Safe Neighborhood District. One of the ways in which this plan will attempt to address that is to implement or develop what is titled The Wynwood Foreign Trade Zone. That trade zone being a federal facility, is required to have security. That security will enhance the safety that's centered around that particular- district and what you are doing under consideration today, is to approve that, plan so that your administration can transmit this docUrnent to the Florida Department of Community Affairs in which we have received a planning grant totalling in dollar amount, $250,000. Vice Mayor Dawkins. What: is you plan: of uperat.ion to obtain a free trade zone certificate? Mr. Waters: Certificate, we have in the audience, Vice Mayor Dawkins, Mr. Bill Rios and lie can better address: th�:t question. a 43 June 7, 1990 Mr. 13i11 Rios: Commissioner, init ial lv li-,—1 the funding from the Safe Neighborhood program planning roniponAnt t.o prnparo a feasibility study that would allow us to, in fact, then initiate th^ actual implementation process of preparing an application. We recnntIv received, with the help of this Commission, $100,000 from the State legislature to go ahead and now file with the necessary body in Washington, our application for a foreign trade zone designation. That is the next phase that. will. be _= implemented at the end of July. _ Vice Mayor Dawkins: Has anyone .in your orpani.zati.on attempted to lobby Washington to find out what the possibilities of acquiring such a zone? Mr. Rios: Yes, sir. Vice Mayor Dawkins: All right, what did they tell you? No, first, to whom did you talk? Mr. Rios: We had our consultants who operate out of Washington, IMS International. They are in the business of preparing applications for foreign trade zones. They are members of the foreign trade zone association and they have contacted the necessary people in Washington and I have contacted legislators, such as Connie Mack, to help us determine our particular opportunities for actually receiving this grant. In the plan is a feasibility study that specifically addresses the potential for us developing this actual application and actually getting this grant operating certificate. You will note in that component, that we are eligible, the City of Miami, is because the Miami River separates us from the current operating zone and any area that's separated by a navigable waterway, is eligible for its own independent zone. In addition to that, the Port of Miami is not designated under the current zone. Since we have two ports of entry, the port and the airport, we would be applying under the port facility as a second zone site. Vice Mayor Dawkins: I'll ask the question again and I wish you would give me a shorter answer to the point, OK? Mr. Rios: We have contacted the board in Washington. Vice Mayor Dawkins: And who in Washington has assured you that they will or will not work to get this done? Mr. Rios: Who in Washington... Vice Mayor Dawkins: I don't mean, who you went up there and had coffee with a good feeling meeting. Mr. Rios: There is... the only... Vice Mayor Dawkins: Who has told you and you have explained to the reason why, and I will say it on the record, that the reason we are trying to get a free zone area in this area is that we feel that minorities are not being serviced by the one that we got and, therefore, we want one. Now, who has gone to Washington and said that.? Mr. Rios: No one has gone to Wash.inl;ton to say that. Vice Mayor Dawkins: You see, that's why I. told you, Mr. I don't fee like working with you guys. CI<? Mr. Rios: It will be... Vice Mayor Dawkins: We already have a free zone and unless you can demonstrate to Washington, a reason why there should be two, we aren't going to have two. Mr.. Rios: We don't need to prove that there is a need for two. Vice Mayor Dawkins: of,. Mr. Rios: We have our own, criteria hr.re that allo%•.,, a to have two. We went to the people that would tel l us wlic-thcr %,-e r•ould qualify for a zone here and the people In Washington have told us that %ve would qualify for second zone 144 June 7, 1990 site. wrs hI"P t..ili5 f rr,m Pi]n pnr-? jl! rr,^t.w F, - F, C) r ry, not_ the Fort Director, the Customs D.irectnr - and ha» i t f rom John .J Dupont, who i.s the Director of. the Foreign `i'.rade Zone olPration in Washington. Vice Mayor Dawkins: Who in Dante Lascetil's office did you talk with about. this? Mr. Rios: Connie Mack is the only office that, at this time, has enough information to... Vice Mayor Dawkins: And Connie Mack, as much as I love him, is a junior senator who got no chits to call in that. he can call on nobody in order to make somebody put a little pressure on somebody to give him something. The person that really needs the chit would be... and, see, and I keep telling you guys this and you don't listen. Ileana Ros is the person you need to be. Mr. Rios: I need to... Vice Mayor Dawkins: The pr.esidont needs t.o give Ileana Ros something to bring down here to give us so she can get reelected. Mr. Rios: I understand. Vice Mayor Dawkins: But you guys won't be political. Mr. Rios: Commissioner, may I ask a small... Vice Mayor Dawkins: No, no, no. Wait a minute... Mr. Rios: Let me ask a small... Mayor Suarez: Bill, the answer is, yes, of course, you're going to go to Ileana Ros and Dante Fascell. Vice Mayor Dawkins: Mr. Waters, please, sir. Mr. Manager... Mr. Waters: Yes, sir. Vice Mayor Dawkins: I want. you to give directions to close off the cul-de-sac that they want closed off down there. And I want us to find out how we can assist that area in making it: secure while they do whatever they're doing. OK? Now we - and I want my fellow Commissioners, including J. L. Plummer, to hear this - we allowed the design district to move because we did not do enough to encourage them to stay. We've got almost every business along 5th Avenue rented. People are in there and they're doing business and if we do not work to make this area see-ure, whore the people who are there with their businesses and their citizens who come There reel safe, they're going to move also. So now, let them go on and play with whatever they're playing with, that's fine. But I want you to come back at the next meeting and -cell me how _ we - I don't care if it means closing off every entrance from 5th Street in there and putting a cul-de-sac: so peolile when they go in there if you snatch a pocketbook, you got to run back out and come by our police tip at. the corner. But we have to do something to ensure the merchants who have moved back in that area that we are concerned about them more so than just moving parking meters so that the people can park free. So, will you bring that back to me at the next meeting? To us, tip here, please. Thank you. OK... -= Commissioner Plummer: Are we ready to move on 17? I moved it. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Any further disco,::>ic-r: If not, pleases call the roil. r June 7, 1990 11 The f011 i11F, resc)l1-1t ir,II ,�;1 1l1 r(,'1',rr:;j I:y r)f'?C1i CZ5Z j 11)-r i'i11m;11Rr, vho moved its adoption: RESOLUTION NO. 90-432 A RESOLUTION, WITH ATTACHMENT, OF THE CITY OF MIAMI COMMISSION FINDING THAT THE WYNV700D 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. (Here follows body of resolution, emitted 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 Ytirre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Item four was withdrawn by the Administration. -------------------------------------------------------------------------------- 16. EMERGENCY ORDINANCE: AMEND 10642 - ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT: MUNICIPAL JUSTICE BUILDING ROOF REPAIRS (PROJECT 311020) - TOTALING $18,000. 16.1 BRIEF EXPLANATION AS TO WITHDRAWAL OF' AGINDA ITEM 3 (PROGRESS REPORT ON NEGOTIATIONS BETWEEN THE NEW WASHINGTON HEIGHTS DEVELOPMENT CORPORATION AND DEPARTMENT OF OFF-STREET PARKING CONCERNING THE STATE PLAZA/MIAMI ARENA MIXED USE PROJECT.) Commissioner Plummer: That's already been taken up. Mayor Suarez: Item six. Emergency ordinance amending capital improvement appropriations ordinance... Commissioner Plummer: Move it. Vice Mayor Dawkins: Move it. Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance and state the reason for the emergency. Commissioner Alonso: We jumped number three. Vice Mayor Dawkins: We did three? -0K. Commissioner Alonso: Yes. j Mayor Suarez: Six, six. = i Mr. Fernandez: Do 1 read itC'.Tr nun.F_,er ::ix? Mayor Suarez: I'm sorry, yes, 1 had meant to announce, unless any Commissioner has any probierrl, t.he.y're still nel,ot.iat ing. They want to withdraw the item, the Manager, a{;pa�er;tly, is recorrimendint that we do. i 46 June 7, 1990 11 11 Vice Mayor Dawkins: The i9anaper recmmn—nded that .,,e T.rithdraw three. So move. Mayor Suarez: It's just pulled out. '.I'trere's no report. Mr. Odio: No, we met with them and we agreed, both of us agreed, them and us, to withdraw it. Mayor Suarez: That the negotiations are still lending? Mr. Odio: And they're moving ahead very well. Mayor Suarez: Unless any Commissioner has any problem with that, Mr.. Manager, sooner or later we have to make the ultimate decision on that, obviously. Mr. Odio: Well, I think for the first time, we're moving. tA .ayor Suarez: You really think now that it's going to happen? Mr. Odio: That's why they wanted to withdraw it today so that... Mayor Suarez: OK, and I guess they were told that because they withdrew themselves too. Mr. Odio: George Knox himself and the other people involved asked - and Jackie Bell asked to withdraw it so we can continue what we're doing. Mayor Suarez: OK, then item six - I'm sorry, 1 had a motion and a second, I believe, Madam City Clerk? Mr. Fernandez: Yes, and I'll read the ordinance. Mayor Suarez: Read the ordinance and state the reason for the emergency, please. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION I OF ORDINANCE � NO. 10642, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "MUNICIPAL JUSTICE BUILDING ROOF REPAIRS", PROJECT NL'I11BER 311020, IN THE TOTAL AMOUNT OF $18,000.00; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner 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 Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins Whereupon the Commission can motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. 111.1,rmmer, Jr. Commissioner Niiriarn Alonso Mayor Xavier L. Suare,v, NOES: None. ABSENT: Vice Mayor hii l le-r I)�,wkins SAID ORDINANCE WAS DESIGNATED URDiI.Af:(:h; No. 10741. ? June 7, 1990 The City Attorney read the nrdinancr� into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------- 17. ACCEPT BID: Y & W ROOFING AND RE!1ODT-:1AN(; COMPANY - FOR FURNISHING MUNICIPAL JUSTICE BUILDING ROOFING REPAIRS (PROJECT 311020) - FOR. GSA DEPARTMENT. Commissioner Plummer: Move seven. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded on seven. Any discussion? If not, please call the roll.. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-433 A RESOLUTION ACCEPTING THE BID OF Y & W ROOFING AND REMODELING COMPANY FOR THE FURNISHING OF THE MUNICIPAL JUSTICE BUILDING ROOFING REPAIRS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION IN AN AMOUNT OF $18,000, WITH FUNDS IN AN AMOUNT NOT 1'0 EXCEED $18,000 THEREFOR BEING ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. 311020, ACCOUNT NO. 420401-670; FURTHER AUTIiORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS. (Isere 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 Dawkins 18. FIRST READING ORDINANCE: REFS:AL ORDINANCES 7245 AND 7247 RELATING TO THE ORIGINAL CREATION OF THI,: DI�:1''ARTl;EiJ'I' OF POLICE AND THE DEPARTMENT OF FIRE, RESCUE AND INSPI•:C1'ION SERVICES WHOSE AFFAIRS ARE TO BE ADMINISTERED BY DIRECTORS WHO, 0HILE APPOINTED AND SERVING UNDER THE CITY MANAGER, SHALL ONLY BE I:EMOVED FROM THEIR POSITIONS BY JUDGMENT OF -- THE CITY COMMISSION - PkOVIDE THAT RESPONSIBILITIES, FUNCTIONS AND DUTIES REMAIN UNCHANGED, ETC. - A111-:ND CODE. Mayor Suarez: Item 8, emerpency ordinance. Commissioner Plummer: Hove it. Mayor Suarez: It's been moved. Commissioner Plummer: I had to fine Mr. Odio: 'Tait a minute, i want r uniforn; �Nith five stars. Jur;e 7, 1990 Commissioner Plummer: What? Mr. Odio: I want a irni.form with five stars. Commissioner Plummer: That's fine, yorr'r-e no:x, in charge of the Haitian National Guard. Mayor Suarez: OK. Mr. Jorge Fernandez: Has it been seconded, Mr. Mavor? Mayor Suarez: Moved. Do we need a second on item eight.? Ms. Hirai: Yes, sir. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance, state the reason for the emergency. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Commissioner Plummer: I only have a question,. Mr. City Attorney... Mr. Fernandez: Yes, sir. Commissioner Plummer: This was based on the termination without cause. Now, what this proposes to do even if a man - God forbid, were to be indicted - the way I read this, he would still have a hearing before this Commission. Mr. Fernandez: Correct. Commissioner Plummer: I don't. think this Commission really wants to be in a position of hearing from someone in a prescribed days that it has, if that person has been indicted. And I think that that is out of character here. I don't want to hear it. I don't think it's proper that I should hear it. If he's indicted, he should be heard by the courts. Now, after the court action, if he's found not guilty and still terminated, then I think we should hear it. But I just don't think this Commission (Tape 4) wants to put itself in the position of hearing for things that are not, as I understood the way it passed the other day, for cause. And I think that, this wording should so reflect. Whether he's indicted or not, 1 mean, you know, there were items which were cause. Mr. Fernandez: Yes. Commissioner Plummer: And if he's fired for cause, then this provision does not kick in, as I understand. So, I'm putting that out on the table. Mr. Fernandez: The only t hinE, t h:;r t hi s ordinance does is carry through with your expressed desire to give thc. Chief of Police and the Chief of Fire another forum, even after they're suspended. Commissioner Plummer: if they wore terminated without. cause. Mr. Fernandez: 1f they were suspenoed. All that we have done is that we have incorporated now provisions of the old Charter section 2E... Vice Mayor Dawkins: And that was the motion I made... Mr. Fernandez: Correct.. Vice Mayor Dawkins: ...to rein�.tate.. Mr. Fernandez: Correct. Vice Mayor Dawkins-, ... the C:hart& r, t hZ!1 ' al I . '9 June 7, 1990 P 11 Mr. Fernandez: Yes, only 26 anti t hays �.lW;t W; haVe done. Commissioner Plummer: Well, OK, I understand what yo_m'rf- saying, but. I hope you understand what I'm saying. Mayor Suarez: Does it. mal<- sense t., rnnclude, as Commissioner Plummer is suggesting, that if there were indeed c:alise, that . . Corranissioner Plummer: An indictment. Mayor Suarez: Yes... Mr. Fernandez: Well, listen, the way it reads. It. r.eads... Mayor Suarez: Or the other things that are in the... it's not just in dereliction of duty, failure to follow orders, etcetera, that the Manager could do that without having, to take it. to Commission approval. Mr. Fernandez: That's not what was considered and passed upon last. time. Mayor Suarez: OK. Mr. Fernandez: The wording of section 26, which is what we're incorporating now again into both of these departments, reads like this: "The City Manager shall have the exclusive right to suspend the Fire Chief and then again, the Chief of Police, for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by the proper authority or for any other just and reasonable cause. Now, if such chief be so suspended, the City Manager shall, forthwith, certify the fact together with the cause of suspension to the Commission who, within five days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon which judgment shall be final. At the time that you made that motion and passed it, that was the exact language that. I read to you and you voted on as wanting to include... Commissioner Plummer: Mr. City Attorney, I have no qualms that you did what this Commission asked you to do. Mr. Fernandez: OK. Commissioner Plummer: My qualm comes about the fact that does this Commission, in the example I give of. a Police Chief. or Fire Chief indicted, want to have the five day rule kicked in giving him a forum before this Commission when he's under a criminal indictment. And I don't think we do. Mayor Suarez: Well, I have other problems with the ordinance, but that is not one of them because indicted then becomes - I think comes under State law. I think he... Mr. Fernandez: Yes, correct. Vice Mayor Dawkins: He can't do nothing, he can't even appear before us. Commissioner Plummer: He's... no, no, he's automatically suspended. Vice Mayor Dawkins: And he has no hearing until he's reinstated. I mean, what are we going to dear him for if he's... Commissioner Plummer: Well, but I'm saying that under this, he possibly could. Mr. Fernandez: Well, what I'm telling, you... Vice Mayor Dawkins: Wait, hold it., hold it., hold it.. He could do it if he got three votes. Commissioner Plummer: No. Vice Mayor Dawkins: Yes. Mr. Fernandez: Yes, yes. SU June 7, 1990 E 11 Vice Mayor lMwl{.i ns : l TiIP,;jI �C�1? � l �1-i':'�: to it in-, if �,!n ciOn' t. Want to hear him. Mayor Suarez: We'd have to. Commissioner Plummer: No, I don't. think that. yotu're.. Vice Mayor Dawkins: Comc on, God. Commissioner Plummer: No, no, tic), no. As 1. understand this ordinance... Mayor Suarez: But not an indictment case, noton an indictment case, I don't think, Mr. City Attorney. Commissioner Plummer.: ...it's automatic. Mr. Fernandez: OK, indictment was not considered, was not discussed and it's not contemplated on the Language that we have here. Mayor Suarez: We know that.. t•+hat Happens then? —that is the hypothetical. What happens in an indictment. case? Doesn't he automatically... Mr. Fernandez: Well, responsibly, Mr. Mayor, I would need to research that. I don't practice criminal law. I need to read the statutes. I'm sure that that's controlled by State statute. Mayor Suarez: That's not. criminal law as to the indictment. It's municipal law... Mr. Fernandez: Correct. Mayor Suarez: ...as to what happens to a municipal official of that category who is indicted. Mr. Odio: But what... if: a police... Vice Mayor Dawkins: ...body is indicted, they are removed inunediately. Mr. Odio: If a Police Chief is indicted, that doesn't mean he's guilty. Vice Mayor Dawkins: But they're removed. Mr. Odio: So, therefore, he would be suspended. When he comes back from the trial, if he was found guilty... Mayor Suarez: By operation of what, Mr. Manager? -because your City Attorney isn't able, at this point, to say operation of what. Of what law? By State law. Commissioner Plummer: Well, look... Mr. Odio: No, no, if he's indicted automatically he's suspended by State law as a police officer. Mayor Suarez: By State law. I believe he is. Mr. Odic: He is. Mayor Suarez: We're not sure at this point, but I agree with you that I think that's what the law says. Mr. Odio: He would lose his right to be a police officer suspended and at the -_ time of this trial. Mayor Suarez: During the time of the pendency of an indictment for a felony. Commissioner Plummer: Well, Hr. Mayor Suarez: Counselor, please, not in these... � Commissioner Plumrler: To my colle:aEue, Commissioner Dawkins, who made this motion which I thought was proper, it vas my understanding that i this procedure only kicked in if lie was terminated without. Cause. j — 51 June 7, 1990 Mr. Fernandez: ldo, no, if of =he r.augq,s cited that I read here. Mayor Suarez: Which are fairly... Mr. Fernandez: Debatable. Mayor Suarez: Fairly, I was going to say, fairly serious causes. Mr. Fernandez: Right. Commissioner Plummer: OK, hey, T'm just telling you, on the record, that if that were to be the scenario, I don't think we want. to hear it. Now, if the City Attorney is telling us... Mayor Suarez: I fully agree with you. I fully +il,ree with you. Commissioner Plummer: If the City Attorney is telling us that that's not a problem. Mr. Fernandez: No, no, no, I haven't said that, sir. What I have said is that before I opined to you what happens in the case of an indictment, then I need to come back to you with very well thought out reasons for either including it or excluding it. Mr. Odio: Forgetting the law for a minute. if a Police Chief is indicted, I would suspend him, wait for trial. If he's found guilty, he would be fired... Mayor Suarez: But, Mr. Manager... Mr. Odio: But then I don't know at that point.... ® Mayor Suarez: ...that assumes that there is lawful authority for you to do that. We think there is, but we don't have an opinion from the City Attorney - or not. I'm pretty sure from Jerry Wolfson's going like this, up and down, that there probably is. But, this provision implies the opposite. This - provision implies that for any dereliction of duty, conceivably even an indictment, they would have to follow this procedure and that's why the City Attorney is not yet ready to say, yes, you're right that you suspend him automatically, just like we assume happened in some of the other cases in Sweetwater, Hialeah, etcetera. Mr. Odio: This is in case of firing. If I suspend him, lie doesn't have the right to come to the Commission. Mayor Suarez: But the wording, is <;usponsion, if you'll note. Until it's finalized by Commission action, it's <i s:)spensioil. Mr. Fernandez: Correct. Mayor Suarez: That's the problem. Jerry Wolfson, Esq.: It happened in the 1930s. There was, Landis was the Chief. Mayor Suarez: A voice from the past - Jerry Wolfson. Mr. Wolfson: Sir. - Mayor Suarez: I don't knc;s,, ::ir;5 C'or:nissinners %„,ant to hear from you, we really need to hear from our own City Attorney, Jerry. We don't disagree with —= your statement on precedent, thayt it happened, what was it? Mr. Wolfson: In the 1930s or 19?0 thc: Chief was Landis. He was indicted... _ Mayor Suarez: Ali. The old Landis came in the 1920s or 1930s. Mr. Wolfson: I promise, it exists. Mayor Suarez: Around the time that sc;n,e of these Conar,issioners came on... I won't. pick on him any more. June 7, 1990 Mr. Wolfson: And Landis was inrli-,t.od, hp 4;4s s115pernded and nf.t:er he got off, he was entitled to his hearing, b-,it he ne,.-er showed up for his hearing. Mayor Suarez: Thank you, counselor. We may need for you to provided whatever cases you have to our City Attorney. All right... Commissioner Plummer.: What do you want to do? lt... Mr. Fernandez: You may pass this item so that we have something in the books that expresses your policy and then when I come back to you at the next City Commission meeting with... Mayor Suarez: Why is it being passed as an emergency? Who asked for it to be passed as an emergency? Mr. Fernandez: No one other than... Vice Mayor Dawkins: That it was iirgent to get it done. Mr. Odio: Well, what do we do... Mayor Suarez: All right. Mr. Fernandez: My interpretation of... Mayor Suarez: Because if it... Mr. Odio: Why don't we pass it on first reading and then make any changes you want for the second reading. Mayor Suarez: I'll tell you what, if there is another vote against it, it won't pass as an emergency anyhow, so... Mr. Odio: No, let's change it as a first reading. Mayor Suarez: ...because I'm voting against. Commissioner Plummer: Well, but you can move it as a regular first, reading. Mayor Suarez: We can move it as a first reading, that's what I'm saying. Mr. Fernandez: Yes, of course, you have to. Vice Mayor Dawkins: So move. Mayor Suarez: All right, as a first reading then, the movant changes to a first reading. Did we have a movant party before? Ms. Hirai: We had a motion, Mr. Mayor, yes. Mayor Suarez: By whom, Madam City Clerk? Ms. Hirai: Plummer, De Yurre. Mayor Suarez: OK, do you want to make it - take back your motion? Vice Mayor Dawkins: it, No, Let's try... 1 second De Yurre's motion. Let's try we got.. Commissioner Plummer: What was De Yurre's motion? Mayor Suarez: First reading. Commissioner Pluruner: Yes, that 's: i :ine Keith :ne. Mayor Suarez: OK, the movant accepl4, n,o,einE, on first reading and seconded and on first reading, we'll call the roll then. head "lie ordinance, I'm sorry. Mr. Fernandez: It's already been read. .June 7, 1990 0 Mayor.- Suarez: OK, not. as an emerpencyI cal f the rof 1. Mr. Fernandez: Correct. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING ORDINANCE NOS. 7245 AND 7247 IN THEIR ENTIRETY AS APPEARING IN BASIC ORDINANCE FORM AND AS CODIFIED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BOTH ORDINANCE HAVING BEEN ADOPTED SEPTEMBER 30, 1964 AND RELATING TO THE ORIGINAL CREATION OF THE DEPARTMENT OF POLICE AND THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES RESPECTIVELY; FURTHER, CREATING THOSE TWO DEPARTMENTS WHOSE AFFAIRS ARE TO BE ADMINISTERED BY DIRECTORS WHO WHILE BEING APPOINTED BY AND SERVING UNDER THE SUPERVISION AND CONTROL OF THE CITY MANAGER SHALL, ONLY BE REMOVED FROM THEIR POSITION BY JUDGMENT OF THE CITY COMMISSION; PROVIDING THAT THE RESPONSIBILITIES, FUNCTIONS, AND DUTIES OF THL; NEWLY CRIlATED DEPARTMENTS REMAIN UNCHANGED FRO19 THOSE. RESPONSIBILITIES, FUNCTIONS AND DUTIES BEING DISCHARGED PRIOR TO THE ADOPTION OF THIS ORDINANCE AND BY PROVIDING THAT ALL FUNDS, PERSONNEL RECORDS AND EQUIPMENT CURRENTLY APPROPRIATED AND ASSIGNED TO THE RESPECTIVE DEPARTMENTS AS OF THE DATE OF THIS ORDINANCE ARE TO REMAIN SO APPROPRIATED AND ASSIGNED; REPEALING CITY CODE SECTIONS 2-81, 2-82, 2-83, 42-1, 42-2, AND 42-3 IN THEIR ENTIRETY; AND ADOPTING NEW CITY CODE SECTIONS 2-81, 2-82, 2-83, 42-1, 42-2, AND 42-3; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De 'iurre and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez 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. Mayor Suarez: Keep in mind, Commissioners, that this also includes the Fire Chief and I don't know that that makes sense. We got enough problems in that department without. having now to give all kinds of additional protection to the Fire Chief. Anyhow, we have another reading to consider that. Vice Mayor Dawkins: And there is no more protection for him than anybody else. Three votes; he gets fired like anybody else. 54 June 7, 1990 El 11 19. FIRST READING ORDINANCE: I':STAB1,1SH IJEW SECTIONS 54-90 THROUGH 54-95 IN THE CODE - RESCIND RESOLUTION 82.-992 AND COMMISSION POLICY 2100-1 (REVISED) - CONCERNING REQUESTS TO CHANGE STREET NAMES IN THE CITY - REVISE ALTERNATIVES TO RENAHTNG STREETS - ESTABLISH NEW CRITERIA AND STANDARDS FOR STREET CODESIGNATION - CREATE PERMANENT STREET CODESIGNATION REVIEW COMMITTEES. Vice Mayor Dawkins: Move nine. Mayor Suarez: Item nine has been moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? I.f not, please read the ordinance. Mr. Fernandez: It should be noted that, you know, there is a minor modification from 93 to 95 as I've read .is proper. Mayor Suarez: Call the roll on item nine. AN ORDINANCE ENTITLED - AN ORDINANCE RESCINDING RESOLUTION NO. 82-992, ADOPTED OCTOBER 23, 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; 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. Was introduced by Commissioner Dawkins and seconded by Commissioner Plununer and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller .3. Dawkins Mayor Xavier L. Suarez. NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 55 June 7, 1990 11 20. DISCUSS AND DEFER TO NEXT MEETING PROPOSED RESOLUTION F..STABLISHING A PROCEDURE WIiFREBY EACH TNDIVIDUAI, COMMISSIONER WILL. RE DESIGNATED AS A COMMITTEE OF ONE, TO ASSIST IN THE DISCHARGF OF THE COMMISSION'S RESPONSIBILITY OF PROPERLY ALLOCATING RESOURCES AVAILABLE FOR CITY GOVERNANCE - ESTABLISH FOUR BASIC COMMITTEES: COMMUNITY SERVICES, FISCAL POLICY, PUBLIC SAFETY, AND SUPPORT SERVICES. Mayor Suarez: Item 10. This is a resolution. Does it incorporate actual appointments at this point or not, Mr.... Commissioner De Yurre: Yes, yes, it does and it.'s broken down into four groupings. One is community services, another one is fiscal policy, third is public safety, and the fourth is support services and they're in part of that package that we have in our booklet.. Mr. Jorge Fernandez: And you also need to determine the length of the trial period. Commissioner De Yurre: Yes. Mr. Fernandez: There is a blank in the title of the resolution that... Mayor. Suarez: One year. Commissioner De Yurre: I would suggest a one year period is more than sufficient. Mayor Suarez: One year sounds good. Does it specify which Commissioner serves on each? Commissioner De Yurre: At this point in time, it's up to the Commission to decide which ones they want. - i Commissioner Alonso: Well.... Vice Mayor Dawkins: Well, Commissioner De Yurre has made it a very good valid point that she serves on very little of nothing and I would make a suggestion that she has first pick if she so chooses. —' Commissioner Alonso: Thank you. I'd like to make a comment. I think one year .is a long time. -= Mayor Suarez: Want to do it until the end of the fiscal year? - Commissioner Plummer: Yes. —_ Commissioner Alonso: This is a trial period and I have lots of doubts about this program. I'm not certain and... Mayor Suarez: Let's do it through the end of the fiscal year. Commissioner De Yurre: Well, no, if we're going to do it, do it till January. Commissioner Alonso: ...I think it should be for a shorter period of time, three months, something to that. effect to see if it works. = Mayor Suarez: Through the end of the f iscitl year? -which is September 30th. — Conunissioner Plunuuer: Till the r.r;d of the f iscal y0ar. Cormissioner Alonso: Yes. Vice Mayor Dawkins: Ninety days. Commissioner Alonso: Yes. Mayor Suarez: it's a little bit longer ti;an that, plerase. Let's make it _s through the end of the fiscal year so we don't have a... G,E, June 7, 1990 C Commissioner Plummer: Which are the committees t1iat you want_? Commissioner De Yurre: Well, what's the fiscal year? We've got June, July, August, September, four months. Mayor Suarez: Right. Commissioner De Yurre: So September 30th. Mayor Suarez: All right,. Commissioner De Yurre: OK, that's fine. Mayor Suarez: OK, through September 30th is built into whatever motion is made. Mr. Odio: I need clarification of something here. Mayor Suarez: Yes, Mr. Manager. Mr. Odio: Commissioner De Yurre, it says here that any items that are not to be placed on the agenda unless it goes through the committee. Commissioner De Yurre: Well, we cleared that up already. Mr. Odio: But, it wasn't clear in the ordinance. Commissioner De Yurre: Well, does the understanding is... Mr. Odio: In the resolution. Did you clear it? Will you put it on the record then. Mr. Fernandez: Yes. Mayor Suarez: Oh, wait, let's go ahead and put it on the records. I hadn't thought about that and I want to be clear on that. Mr. Odio: Because what we.,. Mayor Suarez: We're not taking away the administration's power to put things on the agenda, we're not taking away the chairman's power to put things on the agenda, and we're not taking away any Commissioner's power. I've always acceded to anybody who wants anything heard. Mr. Odio: What we worked out was, if an item was sent to you as a committee, as a chairperson of the committee, and you had a few days to say, I don't agree with this, I'd like the committee to hear it or I'd like to discuss it, then we will pull. it. Mr. Fernandez: No, that's not the issue, listen. Mr. Odin: But if we don't hear any objections, it will go through because, if not, the agendas will not be ready on time. Mayor Suarez: OK, that's a procedural mechanism to make SURE that nobody just sits on something, Commissioner Plummer: Yes, it's mechanical. Commissioner De Yurre: Sure, that's right. Mr. Odio: But the way the resolution reads... Commissioner De Yurre: How, everything flows as normal unless one of the Commissioners objects or has a question and there's a time factor for doing that. Mayor Suarez: But there's got to be also a procedure even if the chairman of the conunit.tee has a problem with the item, to make sure it gets to the floor. We're not precluding... 57 June 7, 1990 Commissioner Dn Yiirre: r10, of coi.ir.se, hIIt, a1 least. it gets thn kinks out as much as possible. Mr. Odio: What it says horn is not what we agreed to, Bob, is that an item is originated in a department. It's sent tv the regular Law Department mute and it's sent to the chairperson of that committee. If that chairperson doesn't object, the item keeps flowing._, right through and is placed on the agenda. Commissioner De Yurre: That's right. Mr. Odio: And if there's any objections, we'll pull it, discuss it, and put it back on the next agenda. Mayor Suarez: All right, but if a member- of this Commission or if I, as chairman, want to hear an item, this does not preclude that from being put on the agenda. Mr. Fernandez: Well, no, this is the way... Mr. Odio: Yes... Mr. Fernandez: No, no, the way... Mayor Suarez: Wait, wait, because I have problems then. Mr. Fernandez: The way that we address that issue is following. The committee may cancel any scheduled conunittee meetings deemed appropriate and such cancellation shall not preclude any item scheduled for committee consideration at such meeting from being placed on the Commission Meeting agenda. Which means, that if the committee meets, the committee will have to deal with the items as it comes in front of them whether they recommend or deny, the City Manager can do whatever - can still place it on the agenda. If the committee does not meet, that does not stop the Manager from bringing to the full Commission items that he wants to bring. Mayor Suarez: Or any Commissioner, Mr. Fernandez: Or any Commissioner. Mr. Odio: I think it's easier the way... Mayor Suarez: That's a resolution anyhow so it doesn't seem to have the force of an ordinance. Mr. Fernandez: No, no, this only addresses... Mayor Suarez: It doesn't change our scheme of government. Mr. Fernandez: This only addresses items that come from administrative departments. Mayor Suarez: OK. Commissioner De Yurre: Oh, of course. Mr. Odio: But I think it. would be better if we do it by objection only. In other words, it's an exception. Say Commissioner De Yurre has a problem with an item that got. to him and he needs more clarification, then he has a committee meeting to explain it him and if he's still not satisfied, we'll pull it at that moment and not place it on the agenda until it's clear. [s that what this says? Mr. Fernandez: The City Manager has the ultimate prerogative of putting an item on the agenda whether the caridiiittice approves it or riot. Commissioner De Yurre: Well, let.'s put it this way. You can keep it. Let's understand this. The present situation continues. All I'm looking for is a way that an item will get to us or to somebody on this Commission at the inset... Mr. Odic: 'That's exactly... %b June 7, 1990 Commi.ssi.one.r De Yt:rre: ...s0 that if there's any problems with it, and the administration may not, be al,.are of that they can address it and make it. smoother, and it still continies and it gets before the Commission. Mr'. Odio: That's what we talked about it., but this paper doesn't say that. Commissioner De Yurre: Well, that's what we're looking at. Mr. Fernandez: Well, no, the resolution is very clear that whatever the outcome of the committee meeting. vli(�ther- the committee approves or doesn't approve, it is the ultimate decision of the City Manager whether to put that item on the City Commission agenda. Mr. Odio: I think I need to read this. It says here clearly, "...a committee of one in respect to the above newly created committee, directing that items which have originated from an administrative department not be placed on any City Commission Meeting agenda unless such item shall have first been referred to the respective committee for review and report by the committee which reports shall then be included among the materials distributed." That is complicating the matters here. We agreed that it was by objection. Mayor Suarez: But, is there also an exceptional procedure... Mr. Fernandez: No, no... Mr. Odio: No, it is not included. Mayor Suarez: ...to be pull... Mr. Fernandez: What the City Manager is talking about is that, if an item originates from a department, he must submit that item to the committee. Mayor Suarez: Right. _® Mr. Fernandez: He cannot withhold an item that originates from a department to the committee. Mayor Suarez: Right, OK. So far, we're OK. Mr. Odio: So far, I agree. Mayor Suarez: OK, what's the problem, Mr. Manager? Mr. Odio: That, at that point, the item keeps flowing through and is placed on the agenda unless that committee chairperson said... Mayor Suarez: That there's an automatic transfer all the way through unless, somehow, it's stopped. Mr. Odio: Unless there is an objection. Mayor Suarez: All right. Mr. Fernandez: Yes. Commissioner De Yurre: And the objection doesn't stop at the administration. r If they see a problem, would be stopping it themselves. It isn't the Commissioner that will stop it. Mr. Odio: No, but... 1 Mr. Fernandez: The committee does not take discretion away from the Manager. The only thing that the Manager is consenting to do here is share part of the review process. Mayor Suarez: All right. Mr. Odic: My problem is not of discretion. My problem is of not ;Waking this � very - so cumbersome that. you delz,y openda items for months before they get on 3 the agenda and that's... 59 June 7, 1990 11 11 Mayor Suarez: You want to hi-.- -ln not rn,at.ii-, provision that if the committee takes too long to consider, it _just k.eel)s fl1)1,17ing right through to the Commission. Mr. Odio: Yes. Commissioner. De Yurre: That's right.. It just keeps going normal, it's normal course. Mayor Suarez: And you have kept that discretion in this resolution. Mr. Odio: You know, let me draw it for. you. The way we see it is we develop an item, it's sent to Commissioner De Yurre, it's sent to the Law Department and the Law Department sends it to Aurelio and Aurelio sends it through and in the meantime, he's reviewing it. He has not problem and we don't hear from him, it goes on. Mayor Suarez: It goes automatically through. Ms. Hirai: That's right. Mr. Fernandez: Correct. That's the way it's structured. Commissioner Plummer: What if he objects? Mr. Odio: If he objects, then we'll meet with him, clarify the item... Commissioner De Yurre: If I object, if I or any Commissioner object to an item, and it's a valid objection and the administration feels that because of that, that they should stop it, whatever, it's the decision of the administration whether to keep it going or not. Mr. Odio: It would be smart... Commissioner Plummer: Well, let me tell you, I think the way to address that. That a committee chairman objection could not delay it more than one agenda. That's the way the County does it. Mayor Suarez: Yes, I think they built in a specific period of time. Does that make sense? -more than one agenda? By the way, you mean, more than one regular, Commissioner, agenda, or more than one month? I would hope that we don't delay anything more than 14 days. Commissioner Plummer: Well, one Commission Meeting. Mayor Suarez: That's what I mean. Either regular or... Mr. Odio: May I suggest that we clean this up between the Law Department and I to what we're trying to do and bring it back the next Commission Meeting, if you so want? Because there are words -item D says, "...following the committee's review, the itern shall then be placed on the Commission Meeting agenda, if the City Manager so recommends." But... Commissioner De Yurre: All right, well you guys work it out. I want something that's going to work. OK? I defer this to the next meeting. Mr. Odio: I have no problem with this system provided, you know, we can work together. In the past., it has worked unofficially in the fact that if a Commissioner has a problem with an item, it's the smart thing to withdraw it and try to clean it up. We have done that in the past so... Commissioner De Yurre: OK, so let.'s defer it till the next meeting. Vice Mayor Dawkins: The next meeting. Second. Mayor Suarez: OK, moved and second to defer. Any discussion? If not, please call the roll. ON MOT1O14 DULY HADL hY CC:M111 SS l ONER DE YURRE AND SECOIdDED BY COM►�ISS10t,i:k DAWKIIJS, THE ABOVE ITEM WAS DEFERRED TO THE NEXT COMM ISS1ON MEETING BY THE FOLLOWING VOTE: 60 June 7, 1990 11 11 AYES: Commissioner Victor Dr,. Ynrre Commissioner J. L. Plummer, Jr. Commissioner tliriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: Yes, Vice Mayor Dawkins. Vice Mayor Dawkins: I'd like for us to acknowledge the presence of my good friend, Dick Judy, back there. Commissioner Plummer: No. that's Mayor Suarez: I've run into Mr. Judy in Washington, D.C. and other parts and Mr. Judy, former airport director, good to have you, sir. I know in line with the expressed views of this Commission, you support the concept of taxing people that come .into this community through the airport and the port. I'm sure he's smiling, Commissioner Alonso, you see how supportive he is. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: It was probably your idea at some point, I bet. Commissioner Alonso: I need your help in the port now. 21. RATIFY APPOINTMENT Or WILLIAM R. PERRY, III, AS EXECUTIVE DIRECTOR OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. -------------------------------------------------------------------------------- Mayor Suarez: All right. Item eleven. Executive Director of Miami Sports & Exhibition Authority. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If. not, please call the roll. Commissioner Plummer: Mr. Mayor, just for the record... Mayor Suarez: I'm sorry, yes, Commissioner. You sent the memo requesting clarification of... Commissioner Plummer: Yes, I have that clarification and I want the Sports Authority to know, and its chairman, that that which has been proffered to me is the scope, compensation and authority of the executive director. I will expect to be held until at least the next budget. time. That there will be no increases or decreases of the scope, the compensation or the authority as outlined in the memo to, I assume, all of us until October 1st. Mayor Suarez: I know thr compensation would be correctly addressed by that and, of course, you can build it into thi• vote. As to the scope of authority and so on, there is going; to have to be some discretion to the board. I mean... Commissioner Pluiraner: There is some discretion, but. what I'm saying is, Mr. Mayor, as you know, I had serious problem with the compensation of the previous director. I have some serious questions about some of the actions that were taken by the last director. If you read the audit report, you know damn well there were serious problems. 61 June 7, 1990 Mayor Suarez: T'm sorry, I juFt say•" the arnriiint.. 1've got problems with the amount. Are you serioii_sly rupgesting, I mean. T see you at the mike, Doctor., that the executive director be paid $88,000 plus benefits? Dr. Ken Albano: He was paid. Commissioner De Yurre: No, that was the previous director. Commissioner Plummer: No, that was previous. This one is fifty-seven. Dr. Albano: No, that's the previous director. Mayor Suarez: Oh, OK, I'm sorry. Commissioner Plummer: No, no, that's why I asked for the clarification. Commissioner Alonso: With the benefit, it's something in the neighborhood of seventy-two. Mayor Suarez: Fifty-seven five, OK. Dr. Albano: If .i may, these figures were in accordance to what the Commission requested the Sports Authority to do in lowering the salaries from excess of $300,000 to... Mayor Suarez: One eighty, I think. Dr. Albano: ...one hundred eighty, one hundred ninety thousand dollars. And that has already been done for the new budget. Commissioner Plummer: Doctor, that's fine, but no one ever came before this Commission - and I'm speaking to the previous director - and told us that they were giving him a life insurance policy of a quarter of a million dollars at the cost to the Sports Authority. Nobody name before this Commission and told us that the previous director was getting $1,200 for the liability of his personal automobile. These are the areas of which I'm concerned and I think rightfully so. There are a lot of things that I have some serious questions about. It's not the who is the executive director, what is the executive director? Commissioner De Yurre: Well, I think that the package, you know, what is here before us... Commissioner Plummer: The package I have is acceptable to me... Commissioner De Yurre: OK. Commissioner Plummer: ...but that's what I'm saying, is that they are under instructions... Commissioner De Yurre: OK, well then, let's vote. Commissioner Plummer: ...that that package, as presented to me today, is in effect until at least October 1 of the end of the fiscal year. Commissioner De Yurre: Well, we set the budget anyway, this Commission does and we're setting it now with that salary. So, it's not going to change until the next budget year, if at all. t Commissioner Plummer: Al) right, then I have another question, not relating ' to this, but relating to the Sports Authority. Am I then to understand that as budgeted, the changes in salaries will not take place until the next budgeted year? Commissioner De Yurre: What changes? -- Dr. Albano: The reduction... Commissioner Plumliier: Changes in any salaries or compensation to any employees presently there. 1 62 Julie 7, 1990 Ej 11 Dr. Ali,ano: Yes. The budpkel has -,o :1pprovod as of September '90, the new budget. Commissioner Plummer.: That's not what. I'm sayinp,. It is my understanding that there is a proposal on the floor of that Authority that if, in fact, this director is named today, that, other people there are going to be getting a tremendous raise. Dr. Albano: Absolutel•a not. Commissioner Plummer: There is no raises complicated... Dr. Albano: No, sir. Commissioner Plummer: ...between now and October 1. Dr. Albano: The only increases would be based upon a CPI increase. Commissioner Plummer: No, no, no. You see, that's what I'm... Dr. Albano: That's all. Conunissioner De Yurre: No, the only one that was contemplated and I don't think there was a time certain when it would take place and if it's the will of this Commission that not take place till the next budget year, that's fine, was a... I think it was a $5,000 increase to Lourdes Reyes and changing... Commissioner Plummer: All I'm saying is, is that if you have a budget, you propose raises in a budget or decrease in a budget. Vice Mayor Dawkins: No raises, period. Commissioner Plummer: No raises until... Vice Mayor Dawkins: Period. Commissioner Plumner: ...at least October 1. Vice Mayor Dawkins: Period. Mayor Suarez: It sounds like a real good idea not to propose any raises until the next fiscal year. I don't know that we need to put that into a motion, but if Commissioner wants to put that into a motion, that's fine too. Commissioner De Yurre: Well, that's Line. I'll convey that message to the Authority. Dr. Albano: That was done. Yes. It was only... Mayor Suarez: If you want next... Vice Mayor Dawkins: How many people there will stay there? Commissioner De Yurre: They're all staying there. Dr. Albano: They're all staying. Vice Mayor Dawkins: OK... Mayor Suarez: How many does that make? Vice Mayor Dawkins: How many are you adding? Mayor Suarez: How many does that make: then? Dr. Albano: Overall staff... Mayor Suarez: With the new executive director? Vice Mayor Dawkins: Beg your pardon. Dr. Albano: Six. (, June 7, 1990 11 El Vice Mayor Dawkins: Six people. Dr. Albano: Six employees, yes, sir. Mayor Suarez: Five existing and one new. Dr. Albano: Yes. Vice Mayor Dawkins: All right. And ()f the six, what's the ethnic breakdown? - excluding the director you just hired? Commissioner Plummer: We're contemplating hiring. Dr. Albano: There are three Blacks... Vice Mayor Dawkins: Doing what? Dr. Albano: Assistant to the executor, the executive. Mayor Suarez: The executor. Dr. Albano: Executor... Vice Mayor Dawkins: Assistant to the executive, to the executive, to the executive and then, all right, all right, well, hold it. Let me rephrase this. Mayor Suarez: Sounds like somebody died. Vice Mayor Dawkins: Of the three Blacks, explain their job description to me. Dr. Albano: Secretarial, clerical, computer Taork, assisting... Vice Mayor Dawkins: In all three of them, that's what they're doing. Dr. Albano: Yes, sir. Vice Mayor Dawkins: All right, now, of the three, what are they doing? Don't you say you got six? Dr. Albano: The other two. Vice Mayor Dawkins: Beg your pardon? Dr. Albano: Helping with financial planning with Miss Lourdes Reyes. Vice Mayor Dawkins: Um hum. Dr. Albano: And I believe there's one part time young girl, high school student, who works there part time - secretarial. Conunissioner De Yurre: And you got Vernfeid also. Dr. Albano: And then there's Jerry Vernfeld, who is the marketing director. Vice Mayor Dawkins: OK, hold it right there, OK? In accounting and in marketing, OK? And then you got the three Blacks stuck down here doing... no, I'll move that this be deferred until they can get... Commissioner De Yurre: Well, that's why you're getting a Black director. Vice Mayor Dawkins: Hold it, hold it. I get shafted up here constantly, OK? But I'm not going to do it, no more. OK? Commissioner Plummer: Wait a minute, how are you getting shafted when you're getting a Black er.ecut .ive d in-ctor? That 's the captain of the ship. Vice Mayor Dawkins: You all giving me... see, OK, all right, let me go back. How long has this organization been in existence? Commissioner Plummer: Two years. Three. 64 ?une 7, 1990 Vice Mayor Da*�%kins: 11101? Commissioner De Yurre: No, it, wasn't. Commissioner Plummer: Two years. Vice Mayor Dawkins: flow long has this organization been in existence? Commissioner Plummer: Three. Vice Mayor Dawkins: Five years. Dr. Albano: Three. Vice Mayor Dawkins: OK? Commission Alonso: Three? Dr. Albano: '83, it was the resolution. Vice Mayor Dawkins: All right, and in five years, I've begging you people to put us somewhere than on a typewriter. OK? And you don't do it. Then after you get all of the other plush positions covered, then, through the grace of this Commission - because you all ain't did a damn thing - through the grace of this Commission, we get a Black director. Not because you all wanted him over there, OK? See, but we happened to give him to you and you passed him on to us, OK? There's Gene back there, Gene can tell you I've been fighting this for the longest and Gene has been helping, but we didn't get nothing accomplished. Commissioner Plummer: What are the other two Blacks doing? Mayor Suarez: Yes, what - and what is the total number of Blacks that would then be on the entire staff? Commissioner Plummer: Three, three... Vice Mayor Dawkins: No, hold it, I can break it down better than that. What's the total monies paid to the Black people? -the three Blacks over there? The total amount of. salaries? Dr. Albano: Commissioner Dawkins, I don't have that information. I'm just an appointee. I'm one of the board members. Vice Mayor Dawkins: Yes, all right and I'm not giving you a hard time. Dr. Albano: You know... all right. Vice Mayor Dawkins: Well, the Manager ought to give this to me. Dr. Albano: All right, well I don't... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Dawkins: Beg your pardon? Mayor Suarez: Nobody wants to touch it. now. Look.. Commissioner Plummer: You know, that's the problem, that nobody's dealing with it. Mayor Suarez: Look, there's going to be three - if he's appointed, there will be three Blacks out of seven employees? Dr. Albano: There will be four out of seven. ;Mayor Suarez: Out of seven. 1 airy ready to vote on this item. I don't have the concerns that... Commissioner Alonso: You me,.n... 65 June 7, 1990 0 Dr. Albano: No, six, without, thy, (,,xect.fiivp dirE-(Aor. Commissioner Alonso: Seven? Vice Mayor Dawkins: Well, all right., if you want. to do that, all right, I'll move that it be deferred. Dr. Albano: Three and three. Commissioner. Alonso: Three are Blacks? Vice Mayor Dawkins: See, the Mayor tells him up there he don't have no problems with it like if I got a problem, well you don't care. Mayor Suarez: I su.re... I don't have any problems with it, I think we ought to move on this appointment and get it done. Vice Mayor Dawkins: So move. All right. Mayor Suarez: Move to defer. Vice Mayor Dawkins: I hope you have :someone up here you want, I may have a problem with it so we... Mayor Suarez: Vice Mayor moves to defer. Vice Mayor Dawkins: No, no, move it. Commissioner Plummer: And I second it. Mayor Suarez: Moved and seconded. Vice Mayor Dawkins: Call the roll. Commissioner Plummer: And let's just put it this way. Vice Mayor Dawkins: Call the roll. Commissioner Plummer: Wait a minute, Miller. Get even time is budget. Bill. Get even time is at budget. Mr. Odio: By the way, the budget will.... Commissioner Plummer: Hopefully, we don't have to get even. Vice Mayor Dawkins: But, it's budget... Commissioner Plummer: You understand the reading and the thoughts of this Commission. Vice Mayor Dawkins: But, it is the budget time for every department in the City. OK? It would not, just be budget time to consider this budget. You will need three votes for every budget.. Thank you. And I want, that kept in mind. Mayor Suarez: Sounds like -he budget this year is going to be gone over with a fine tooth comb as to all. departments. We begirt that process... Commissioner Plummer: The only one t.hat 's going to get deferred is the fat lady singing. Mayor Suarez: So we have a motion and a second. Any discussion? If not, please call the roll. Vice Mayor Dawkins: Call the roll, Mr. Mayor, we got too much to do, Mr. Mayor - stay here all night long. 66 June 7, 1990 AIL The following resolution was introduced by Commissioner Da -,,,kips, who moved its adoption: RESOLUTION NO. 90-434 A RESOLUTION RATIFYING THE APPOINTMENT OF WILLIAM R. PERRY, III, AS EXECUTIVE DIRECTOR OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. (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. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: Yes, and for the record, I'd also like to add that I would like to see more females...at the top. In this fine case we have seen the opportunity of two great people with outstanding qualifications, Bill Perry and Lourdes Reyes, it was given to Bill Perry which I supported with all my heart, I think he will do a great job but I also think that in the future even though the people making the decisions are formed by a majority of male, think that women also need to get to the top. I vote, yes. 22. DISCUSS AND CONTINUE TO MEETING OF JUNE 26TH PROPOSED RESOLUTION APPROVING RECOMMENDATION OF COMPETITIVE SELECTION COMMITTEE TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES - FOR PROPOSED AIR TRANSPORTATION SERVICE FACILITY AT WATSON ISLAND. ------------------------------------------------------------------------------- Mayor Suarez: Item 12. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved by the Vice Mayor. Vice Mayor Dawkins: No. Mayor Suarez: Not moved by the Vice Mayor. Vice Mayor Dawkins: I move that this be continued until somebody comes back and tell me what you're going to do with all of Watson Island. As you know, when we first started out, we were reacting to not putting Chalk's Airlines off of there and Chalk's Airlines now look like they're going to put themselves off. And I really don't understand why we should be concerned about one little portion of Watson Island instead of all of Watson Island. Commissioner Plummer: Congratulations. Mr. Odio: As you know, we have been... we have no contract with the existing helicopter company there. I think this is a perfect soli,tion for the helicopter questions at Watson Island, Commissioner, this is what... you asked US... Vice Mayor Dawkins: Who needs a helicopter station at Watson Isl.anal Mr. Odio: What do you mean who needs?... 67 June 7, 1990 Vice Mayor Dawkins: W-H-O, who? Mr. Odio: Whoever... first of all, tourist, it's a tourist attraction, OK. People do rent helicopters for rides. Vice Mayor Dawkins: All right. Who in the tourist industry is down here requesting that we do a heliport? Mr. Odio: I don't see any here but you asked me who would use it. Vice Mayor Dawkins: No, I said who is requesting it? Mr. Odio: You requested it, the Commission requested us to do this. Vice Mayor Dawkins- All right, then I am requesting that you go back and bring me a plan discussing the total development of Watson Island. Mr. Odio: Yes. But I want to remind you Commissioner, that we had a lot of people spend a lot of money in their preparation of their bids. We advertised this project as a serious project and at no time dial we say that it had anything to do with the rest of Watson Island. The next time we bid, we're not going to have bidders in the City if we keep doing this. Vice Mayor Dawkins: Then all... OK. it was at the discretion of whom? Mr. Odio: You decide at the end... When you bid it, what did the bid say... Vice Mayor Dawkins: All right then... so... Mr, Odio: ...who get the contract but you never said that you would not award. You said, go ahead and go out for competitive selection. Go ahead and do it. Vice Mayor Dawkins: And I've had a change of hear.t... me... Mr. Odio: OK. Vice Mayor Dawkins: I've had a change... I wanted to see the development of the total Watson Island. Mr. Odio: Me too, Commissioner, but you have to do it in parts. Vice Mayor Dawkins: No, I don't. No, I don't. Mr. Odio: This is the first part. Commissioner Plummer: No, you can't do it in parts. You slice up the baloney, you'll never have a good project. Mr. Odio: Well then, I suggest you take a vote saying, kill this project before we went out. Why order us to go out on competitive selection, have all these firms spend all this money... Vice Mayor Dawkins: You know, you act like this is the first time we've done this. Mr. Odio. No, no... Vice Mayor Dawkins: OK. Thank you. Mr. Odio: Commissioner, this time you know, we have quite a few firms that bidded on this that are very... that spent a lot of money on this. Commissioner De Yurre: But, the think is that and J.1.. expressed my views, if we're going to do something, let's do it in concert, not deal with one area and then you know, what else, in the next five years nothing else happens there. I feel that if we're doing this as a total package for the island, then we can not kill the bids but certainly not to go into effect until we have a development of the island as a whole. Mr. Odio: Could we... if you don't mind... 68 june 7, 1990 I Vice Mayor. Dawkins: Let me add... let me tell you how I f.Qel about it, OK. I don't care what this County wants... Mr. Jack Luft: This has nothing to do with the County. Vice Mayor Dawkins: Wait until I'm finished. We don't need a heliport, the County needs the heliport. Mr. Luft: No, they don't. Vice Mayor Dawkins: What do we need with it? Mr. Luft: What we're trying to do... Vice Mayor Dawkins: What do we need with the heliport? Mr. Luft: Just what we've always needed it for. We tie in to a regional system of transportation, we provide services... Vice Mayor Dawkins: Transportation to what? Mr. Luft: To executive centers. for courier services, for emergency services. Vice Mayor Dawkins: Executive centers. Where are the executive centers? Mr. Luft: In West Dade, in Broward and Monroe County. Vice Mayor Dawkins: Now, once we do this, who do we have to get word from to operate or who must sanction the operation of this heliport? Mr. Luft: This is a municipal heliport., it's a municipal heliport for the City of Miami. Mayor Suarez: We need helicopter services. What the problem is... Vice Mayor. Dawkins: We have given the City, Mr. Mayor, we have given the County, Watson... now what's that island they've got the port on?... Mr. Luft: One of the things we're trying to do... Vice Mayor Dawkins: Dodge Island... we've given them Dodge Island. They've filled in Dodge Island, all they have to do is fill in another port of Dodge Island and put the heliport on it. Mr. Luft: This has nothing to do with the County or Miami International or... Mayor Suarez: But it will end up doing... wait, wait, Jack. It will end up doing that if we don't move quickly on the heliport; then the County will come tip with a site and they will have a heliport and we won't have one. Commissioner Plummer: Let me ask this question. Is that all that bad? Mayor Suarez: I think so, I mean we have helicopter service now... Commissioner Plummer: I mean, you know, I'm saying... Mayor Suarez: Not particularly good helicopter service but we won't go into that. Commissioner Plummer: OK. But the point I'm trying to make is that the aviation department is the County. We are not the aviation department. We have no control over the aviation. Mayor Suarez: But you want to have a mini aviation department in the City of Miami with helicopter service at least since we have a facility there, we have helicopter service being rendered there, we can get some benefit out of it, we can get some service out of it, we can occasionally use the helicopters for our own needs. Commissioner Plummer: Well, I had one other question. 01%, . of the Administration or Jack or who. A heliport is nothing more than place for helicopters to land and take off, to take on passengers and take can cargo. We 69 June 7, 1990 presently have that. I maa.n., they are taking off over ther- every day and coming back In every day, I think at the time that this thing was talked about before, was basically to preserve Chalk's Airlines which we now know, is going under. Mr. Luft: That's not true. Mr. Odio: It had nothing to do with Chalk's. Vice Mayor Dawkins: It did, it did. Commissioner Plummer: It had... part of the scenario... Mr. Odio: It had to do with that person that we have running that place is there on a thirty day notice and he had no lease with the City... Mayor Suarez: Also, they are not... they are using the middle of the island which is not necessarily the ideal, if we have a little... Commissioner Plummer: The question I still resolve back to, the main purpose is for a place for the helicopters to land and take off, to discharge and pick up passengers and maybe cargo of some sort... Mr. Odio: And that's we've proposed. Commissioner Plummer: ... what difference is it than what is there today? What would you propose, are you going to build a beautiful building, are you going to put a fence around it, what would be different than what is actually being done today, which in my estimation, accommodates the necessity of take off and landing? Mr. Luft: It would be better situated on the island, sir. It would... Commissioner Plummer: You're talking about moving it? Mr. Luft: It would not take fifteen acres, it would not fly over the Japanese Gardens or the recreational areas, it would not inefficiently use the island, it would be a much more efficient location, improved operation. Commissioner Plummer: Give me an approximate cost of the study. Approximate, ball park. Mr. Luft: It's going to cost the federal government probably $50,000 or more, I don't know. Commissioner Plummer: OK. Fifty thousand dollars. And in that regardless of the study, which we don't know, I guess we don't know what would come out of it, how much more money is going to have to be spent to do what the study recommends? Mr. Luft: I... would be couple hundred thousand dollars again, federal money. Commissioner Plummer: OK. What would be different than what is being done today with the availability of helicopters to take off, helicopters to land? Mr. Odio: In order to develop the rest of that island, we have to move that A junk yard operation we have over there to the rig!it location. Commissioner Plummer: So, move it. a i Mr. Odio: But we can't. - Mr. Luft: We can't Commissioner Plummer: Take a map and say, OK, here is the new location. Why do I need a $50,000 study and a $200,000 and don't tell me because it's federal money, it's still green just like City money. Mr. Luft: Because when you do that, you have to have FAA approval of environmental impacts and of air flight corridors and approach zones, you cannot just move these things, OK? You have to do the pi .,i r study, answer -= the questions, get the permits from the FAA and that's what 're doing. 70 June 7, 1990 Commissioner Plummer: Jack, would it not be more appropriate to do that study when you know what, if anything is going to be proposed for that island? We don't know what's in the proposal, if anything today. Mr. Odio: Because we haven't gone out for any proposals. Mayor Suarez: Well, we have a general master plan that outlines what's going to be in the island. Commissioner Plummer: That's correct. Mayor Suarez: I mean, if you want to wait until every single element of it is ready for RFP, we might never be able to do it. it's very expensive for one thing. Commissioner Alonso and then Vice Mayor wanted to hear Dick Judy and I think it's a good idea. Commissioner Alonso: Yes, I just want to add... what I hear the feeling of the Commissioners here is that actually what's happening is that, we don't really have good lines of communication. Obviously, sometimes, good things are killed in this Convnission or not taken at the appropriate time because the effort perhaps hasn't been taken to the extreme of having every member of this Commission aware of the real benefits that this will bring because I have heard some serious concerns from some of my colleagues and perhaps in items like this, the time should be given prior to the meeting to sit with them and let them know about these issues rather than come in here and killing sometimes, good projects. Mr. Odio: Madam Commissioner, this issue was discussed by the Commission prior to, before we went out on this bid process, it came here, it was discussed here. Commissioner Alonso: Sir, sometimes what is discussed here in the public forum rather than time spent in the office of the Commissioners, perhaps at that time, they can think more in detail, more information given to their staff, to them, whatever it takes to make them clear on some of the general pictures because obviously, they have serious concerns about what will be the affect of the general plan and I think it's rightly so. Mayor Suarez: Mr. Judy, what is the imports of moving ahead on this as quickly?... Mr. Dick Judy: Let me, if I might, Mayor, not to take too much time. First, I had the pleasure of going through your master plan on Watson Island and I must say that of the years that I've dealt with master plans, I must first compliment you as one of the finest I've ever seen. You have a document, it's one of the most exciting documents and plans that I've seen for a piece of very critical property in this community, Watson Island. Mayor Suarez: It was done in-house, it was done by our own people including Mr. Luft. Mr. Judy: I say that, in fact it's one of the reasons why I'm involved. I'm thrilled with it... let me go back to you and say, I see in this project the critical... there is a whole series of infrastructures involved in your master plan. Your objective and goals are one of open space and want to make that a dynamic cultural area for the community. I can say this to you, that that island itself probably to do the job over the long term for this community, nothing should be rushed, it should be gone through very carefully, segment by segment of master planning and brought together in one over master plan and approved by you on a timing and implementation skill that will deliver an affective product, not one that's just limited to the amount of money available. I see that project, including the highway system that goes through there, somewhere in the neighborhood of fifty to sixty million dollars. That's not a lot of money for the future of this community. That's the center core and can be inade a critical core center of culture for this community, as valuable as any other institution. It can he a place bring tourist, to bring our community together and everyone together, the: joy, and really see what our community consist of. The aviation part of that, I think is very very critical. I believe that you have some great opportunity now, you have $1,200,000 in federal funds that have been earmarked to that airport; over the years that has accumulated, if by September, I believe of October 1st, if you 71 June 7, 1990 don't have at least three hundred thousand of that under a contract, I believe you will lose it. And I don't like to pen decisions upon losing or gaining federal funds. I happen to be the author of that part of the federal act to try to bring money to those types of facilities. You have an opportunity to build a terminal there through this funding mechanism and also to bring... Mayor. Suarez: Does that funding mechanism cover- the ultimate complete cost of it? Mr. Judy: Yes, sir. My thinking is that we can in effect, use that money to fund the first facility there. And also to... Mayor Suarez: Which will be useful for what kinds of aircrafts? Mr. Judy: For both the seaplane, heliport and also for the attraction of bringing blimps in. Mayor Suarez: Well, you've given us a nice time table and it's very useful to know that we really have to make a decision to take advantage of it by when... by September you said? Mr. Judy: I think it's very very important that you get under way immediately to get your professional services agreement in and what we're going to... Mayor Suarez: But the Commission is saying Dick, that for a variety of reasons that you are not responsible for, they are not sufficiently advised of this particular plan. We know of the general master plan but this is a very specific component of it and there is a motion to defer. What would you say would be the logical time table to get this and get moving on it? I guess you're saying the quicker the better. Mr. Judy: I want you to say that, we are recommended as a selection. team and I must say, you have an excellent one. It's well balanced minority wise and professionally. I obviously, if there is a need for us to brief the Commission or a committee of the Commission, I think we would be very very happy to do that and take the time to feel your thinking about the master plan, but I think this is a great opportunity. Mayor Suarez: And what exactly... excuse me for a second Dick. What exactly are we being asked to do today in case I can prevail upon my colleagues to go this step in knowing that we're going to have a lot more things to do beyond this point? Mr. Luft: We're asking you to authorize the Manager to negotiate a contract which must be brought back to you for approval. Mr. Judy: And we would be happy in that interim to meet with you. Vice Mayor Dawkins: See, that's my problem. Every time they negotiate - something and bring it back to me, it's like I said, it's at the eleventh hour and I can't make no changes because it will be at the end, Mr. Mayor, when we're going to lose the money if we don't move in the morning. If we do it now, at the next... lie's got from now until the next meeting to sit down with each of us and bring us in and we will know, and at the next meeting then we can vote intelligently. Mayor Suarez: All right Dick? Commissioner Plummer: OR. Now, that's fine and I'll go along with that. But j I want the Manager to come back and justify to me, me the Commission, why we the City would not be better off if that facility was built on the port. Mr. Judy: I think in a meeting with you all, we probably can convince you that. Mayor Suarez: OK. Include that in your advice and... Commissioner Plummer: OR. Because let. me tell you something. That fifteen acres that I could lease on Watson Island bringing revenue to the City, if they are going to control it... y Mr. Judy: No, they are not. 72 June 7, 1990 Mr. Luft: No. Commissioner Plummer: ... the Aviation department is going to control it. Mr. Luft: Commissioner, that's today, we are trying to free that fifteen acres up for other things. Mayor Suarez: That's the whole point of bringing it over to the ocean, it's to free that fifteen acres. Commissioner Plummer: No, no. What I'm saying, Mr. Mayor is, if they use three acres Jack, OK, that's three acres that. I can't lease out to some kind of a project. You may or may not make money from it. Vice Mayor Dawkins: I don't make any money off the port. Commissioner Plummer: OK. All I'm saying, I want you to come back to me Mr. Manager and justify to me why it shouldn't go on the port. Mayor Suarez: Yes, id explain if in fact we expect to make money, make sure that you convince the Commissioners because otherwise, it's the kind of thing that may be a great candidate to be given over to the County and put it on Dodge Island or somewhere else. If you're going to lose money, I'll love to give them those. All right. Commissioner Plummer: Well in the way... and let me tell you one other thing Dick, and you are well aware that we are all aware of, of all of the helicopter crashes that have been taking place recently, I might not want it there at all. Mayor Suarez: Well, but that's... another point of this, is to bring it close to the water... or I think all the studies indicate that the helicopter should come in by water and not, you know, over water and not by water and not over land. Commissioner Plummer: And the Port of Miami is four sides water. Mr. Judy: Mr. Commissioner, I think we can really give you a good briefing. Commissioner Plummer: I'll listen. Mayor Suarez: Well, this would be basically surrounded by water too except on one side. All right. We have a motion to defer and I understand from the Vice Mayor then that he has no problem making that a continuance to the 27th and you've got your work cut out for you, Dick. Commissioner Plummer: Twenty-eighth. Mayor Suarez: Twenty-eighth. So moved. Do we have a second? Commissioner Alonso: Yes, second. Mayor Suarez: Second, Commissioner Alonso. Call the roll. And Dick, make sure that you, you know, brief the Commissioners with staff and a lot of work is going into this, so I hope everybody really gives it all the consideration it deserves, I'm sure you will. Call the roll. ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER ALONSO THE ABOVE ITEM WAS DEFERRED TO THE COMMISSION MEETING ON JUNE 28TH 1990 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. .� 73 June 7, 1990 i`+ayor S.iare7: We've even got.te_n smm- act+ial pnsitive rdit-nrinIs on this from Miami Today, if not. The r1iar-ni Herald. 23. GRANT REQUEST BY MIAMI LIONS CLUB FOR USE FEE WAIVER AT BOBBY MADURO STADIUM IN CONNECTION WITH ITS FRIENDSHIP BASEBALL TOURNAMENT. Commissioner De Yurre: Mr. Mayor, I've got a Pepin Prieto here the Flora Lions Athletic Association and they need the use of the Bobby Madero Stadium for July 21st and July 22nd for a tournament. Vice Mayor Dawkins: Move it. Mayor Suarez: Well, we don't have any other tenants for Bobby Maduro Stadium, so moved and seconded. Any discussion? It's just the waiver of the rental? Commissioner De Yurre: The waiver of the fees, they need it for today, day events. Mayor Suarez: The other fees and everything else they have to pay, right? We're not out of pocket, anything? Commissioner De Yurre: Well, just, all need do is to open it up and make it available. Commissioner Plummer: No, no. What about the lights, the clean up? - Commissioner De Yurre: There are no lights, it's during the day. Commissioner Plummer: But I mean the clean up and all of that, they're going to pay? Mayor Suarez: They provide their own clean up, any how. Commissioner Plummer: We are waiving the rental, right? Mayor Suarez: Waiving the rental, which is the only thing �'int we, by policy, have come to agree to do. Commissioner De Yurre: "Ustedes limpian?" Unidentified Speaker: Yes. Commissioner De Yurre: OK. They'll clean. Mayor Suarez: All right, on the waiver of the rental, so 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. 90-435 _ A RESOLUTION ESTABLISHING SPECIAL CHARGES FOR THE USE _ OF BOBBY MADURO MIAMI BASEBALL, STADIUM BY THE MIAMI HAVANA LIONS CLUB FOR THE FRIENDSHIP BASEBALL TOURNAMENT TO BE HELD AT THE BOBBY MADURO MIAMI. BASEBALL STADIUM ON JULY 21--22, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID USER FOR THIS PURPOSE. (Here follows body of resolution, omitted heic and on file in the Office of the City Clerk.) Upon being seconded by COm,7lissi0ner De Yurre, the resolution was passed and adopted by the following vote: j 7 74 June 7, 1990 C AYF,S: 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. 24. DISCUSS AND TEMPORARILY DEFER PROPOSED RESOLUTION AUTHORIZING MANAGER TO MAKE All OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-728 AND 732-740 N.E. 1 AVENUE (CAMILLUS HOUSE). Mayor Suarez: Now, is this pure coincidence that this is item 13? Commissioner Alonso: I asked the same question. Vice Mayor Dawkins: Where is Brother Harry? Mayor Suarez: Let the record reflect that Roger Soman told us that Brother Harry is doing the Lord's work, we hope... yes. Vice Mayor Dawkins: I guess Brother Harry thought he couldn't help us, so he stayed away. Mayor Suarez: Where are we on this? Commissioner Plummer: There are objectors, Mr. Mayor. Commissioner Alonso: And I have some. Mayor Suarez: OK. Mr. Manager, why don't you make the presentation for the administration and then we will hear from any objectors. Is that your purpose, six-, to object? Unidentified Speaker: Yes, sir. Mayor Suarez: OK. And sir, is that your purpose, are you objecting to this deal? Unidentified Speaker: Yes sir, I'm objecting. Mayor Suarez: All right, we know, we have two at least. Anyone else wish to be heard? Commissioner Plummer: We got a third, fourth. Mayor Suarez: I will allocate a grand total of ten minutes to all objectors, so if you don't agree, then the maximum each will have will be two minutes by City code. Otherwise, you can split the time any way you want. Herb. Mr. Herb Bailey: Mr. Mayor, members of the Commission, we have come back with what we think is a resolution to the acquisition of the Camillus House lease and the site where they're currently located. In our discussions, they have located a site to build that's in the warehousing district that appears to be satisfactory to everybody involved. The amount of money being offered, which is very similar to what we've had in the previous contracts have been agreed to in terms of the one point three million for the lease and the site and the five hundred thousand dollars which is a social service grant for the next five years which is allocated for the purpose of helping Camillus House service population. Vice Mayor Dawkins: Point of information, Mr. Bailey. The five hundred thousand dollars, that brings the purchase price to two million dollars? I;r. Bailey: Yes. 75 June 7, 1990 E E Vice Mayor Dawkins: Right or wrong? Commissioner Alonso: Yes. Commissioner. Plummer.: That's part of the deal, yes. Mr. Bailey: That is a total consideration. Commissioner Plummer: There are two provisos that I have as an agreement. The first one, any impact fees of construction cost that are now applicable would be deducted from the hundred thousand dollars. Vice Mayor Dawkins: A hundred thousand. Commissioner Plummer: Per year. Mr. Bailey: The five hundred... yes... Commissioner Plummer: Over the five years. In other words, if they had fifty thousand dollars worth of impact fees, it would be ten thousand dollars a year less spread over the five years. And the second provision is, that if in fact, the City Commission as we know have for the past two or three years been cut by the Feds every year, like six percent or seven percent, that they would take that same percentage cut as the City takes. So if the City for example were cut ten percent next year on Federal, they would get ninety thousand. I can't give them something I don't have and they agreed to that. Vice Mayor Dawkins: OK. The other thing Brother... Plummer. What happens if the land is contaminated? Commissioner Alonso: That's my concern. Toxic materials. Mr. Bailey: In the last presentation... Vice Mayor Dawkins: What if toxic material.., what now? Commissioner Alonso: If toxic materials... if we have the environmental concerns the test has not been done. Who will pay for this? And if so, I want it very clear at this time of the agreement. Vice Mayor Dawkins: You know everything else, tell us. Commissioner Plummer: You're asking me? Vice Mayor Dawkins: Yes. Mr. Bailey: You want me to answer to you want the... Commissioner Plummer: With my understanding and I did not talk to them in reference, that it was going to be split fifty, fifty. Is that not what was the previous agreement? The study as well as what the study resolved. Commissioner Alonso: The study, yes. The study I was told the City will pay twenty five hundred. I have no problems with that. Mayor Suarez: And it's estimated to be fifty five thousand, is that fifty percent? Commissioner Alonso... But then if it comes and it's positive, we have toxic materials, I want it to be spelled out, they would be responsible and not the City of Miami. I want that to be crystal clear so we are not liable after we close this deal. Mayor Suarez: I guess you're saying five thousand. Are you saying that the study is five thousand, Herb, just let me clarify that because I heard fifty percent... Commissioner Alonso: No, the total amount is five thousand. Twenty five hundred for the City. Mayer Suarez: And so twenty five.hundred is fifty percent. All right. 76 June 7, 1990 Commissioner Alonso: Yes. Mr. Bailey: We are paying fifty percent of the study of the .level one testing, which is already being conducted. Commissioner Alonso: Excuse me, you're say a test? Mr. Bailey: It's a level one testing, yes. We have to do a walk through first. That is... Commissioner Alonso: Who did that? Mr. Bailey: ... that is, I just sent the contract out yesterday. Commissioner Alonso: We don't have... Mr. Bailey: It has not been completed, but let me ask all of you a question? Commissioner De Yurre: You say that you signed a contract yesterday? Mr. Bailey: We've sent out, yes. We've sent out the agreement yesterday, for the level one testing. Mayor Suarez: Is that subject to the approval of this Commission, today? Is that the idea? Mr. Bailey: No, you don't have to approve it. Mayor Suarez: Because why? It was in the Manager's discretion or what? Mr. Bailey: It was in the Manager's discretion. Commissioner De Yurre: How much was it? Mr. Bailey: Twenty five hundred dollars. Commissioner Alonso: The total amount? Commissioner Plummer: How much? Mr. Bailey: That's our amount. Mayor Suarez: Herb, that's a little risky... Mr. Bailey: I would like to... Mayor Suarez: I'm not going.. I don't presume the Commission is going to pick a bone with the Manager on that but that's risky. If the total amount is five thousand and we hope to agree with them through this deal to split it, theoretically, it could end up being five thousand dollars if we don't reach this agreement therefore, he is beyond his discretion. Mr. Bailey: No, no. You have already agreed to this at a previous meeting. This is... Mayor Suarez: Regardless of whether we purchased the property or not. Commissioner Plummer: That's why I didn't discuss the issue. It was already agreed upon. Mr. Bailey: I would like to.., look, if I could answer the question, I could... Commissioner Alonso: No, no. Excuse me, Mr. Bailey. Commissioner Plummer said it has been agreed. We agreed to pay and I think that it's... I was told that there is a general understanding of each member of this Commission on the twenty five hundred... Mayor Suarez: Right. 77 June 7, 1990 Commissioner Alonso: ... that we are goi_np to pay fnr thA t -st.. B>>t T havo never agreed that we will pay one penny for the cleaning s)f the property. If in fact, toxic material exist at the site, I don't want the City of Miami being burdened with any amount to clean the site, therefore, I want this to be done before rather than get in a legal battle after the effect, when in fact, they will feel better, we will feel better if it's done at the right time, now. Mr. Bailey: Can I bring you up to date first, so you... Mayor Suarez: What is the... please, yes, Her.b... let's bring... and we may have to hear form... Mr. Bailey:... because we're getting.., all of the concerns you have, I will give you the chronology so you can address appropriately. At the last presentation we made here when Camillus House had submitted a amendment to our original offer to them which included Camillus House as a condition of our purchase, would guarantee that the site would be free of contamination. Commissioner Alonso: That's why they lost the contract. because the came back with that and it was not accepted. Mr. Bailey: No, no. I would like to finish and you're right. We never did get to a contract. Because of their amendment... Commissioner Alonso: Mr. Bailey, I'm sorry. We did have a contract but when they did not accept that part then we lost the contract. As a matter of fact, a contract existed from all points of view of real estate. The contract did not exist when they changed one of the clause, that it was, they did not want to pay for the toxic materials if in fact existed and that's the point that we are coming back and it has not been discussed because I checked with them and that item has not been addressed and is to me, of vital importance to the City of. Miami because we don't even know how much it will be. So, if you address that, if in fact exist. Mr. Bailey: I would like to... I'm trying to get to that. When we came back the last time and that was one of the conditions which caused us not to have a valid agreement and we had to bring it back before this Commission to get this Commission to determine whether or not the amendment would be acceptable. And the amendment said, they will be given a specific amount of time for which to relocate the facility, they would stop the feeding and that they would assume no cost for the contamination removal, if any were to be found. When we began to discuss that, we presented, the administration presented its point of view in terms of how we felt about the contamination. We felt that it was so important to have Camillus House removed that there were ways in which the administration could have that cost underwritten without any cost to the City. Then we got into a discussion about the price and I think Commissioner Plummer, in his discussion about the price caused the entire negotiation to be deferred and to come back for some other reason but at that particular time, we were presenting and recommending the price which is still the same amount, two million dollars and that the time to remove themselves within an eighteen month period of time and that the contamination would not be an obligation of the Camillus House. Now we're back to this point and in discussing, what we have in front of you today, we are still consideration the price, we are still consideration the point of time for which they have to move. They will stop the feeding lines and the contamination. We are recommending that the contamination not be an issue because we have other ways to deal with that. Commissioner Alonso: Which one would you tell me, without any cost to the City of Miami? Mr. Bailey: When we put the site out for bid, whenever, at that point in time, we don't know when it's going to be, we can include in our arrangement with the developer that all cost of contamination removal be the responsibility of the developer, not the City. Mayor Suarez: And there is one other one, which we seem to be forgetting. We can initiate action and request that every single entity that is owned regardless, of what the deal we reach is with you in a chain of title or use or supplies or otherwise the materials over there that have contaminated the site be made to contribute under super fund legislatict- 78 June 7, 1990 El 11 Mr.. Bailey: They do not rule... they are still. obligated. Commissioner Alonso: That's right but the problem is it. will be costly to the City, we will have to pay the fines if imposed and we will have to get after every single owner of the property and it will end up that we will lose more money than we will get. Mayor Suarez: Typically, you know, we are the last purchasers, we of all people who have had no responsibility for occasionally we do have a situation where the past users, owners, etc. just simply are not around to be collected from. Chances are, we will be able to collect if in fact there is contamination and if so far... Mr. Bailey: If there is. Commissioner Alonso: Right. Why not address the situation at the right time? ... now. Mr. Bailey: Well, the Camillus House... Commissioner De Yurre: Herb, let me say something. Are we getting into and I think that's where we're heading, into the same situation that we have, what is it, Las Palmas or whatever?... that that's contaminated they can't build anything there now? Mr. Bailey: That's the convention center with Las Palmas. We are... Commissioner, I would like to submit to you... we have had to remove contamination in the Park West location already. We don't think that the level of contamination on the Camillus House site will be any where near what we have experienced on the site where the Arena Towers and Biscayne View is. We don't know but we feel... Commissioner De Yurre: Let me tell me what I do know, OK? Because you know, I've gotten... I'm tired of this process and there's a limit to everything and we keep coming back and you know, it's the same thing back and forth. It's like a tennis match. First- of all, I stopped at the two million dollars, I will not give one more penny beyond the two million dollars because I think it's too much to begin with. And the only reason I've gone to the two million dollars and the package that we've created, is to finally get rid of this problem in the area, that's number one. Number two, if I've looked to anybody to put additional monies, it's going to be the owners in the area because they are the ones that's going to benefit from this because they have been buying that land for a long time, they've been hold on to it hoping for us to buy Camillus House and automatically, their property value is going to go up, if not double, it's going to go close to that. If we are looking to twenty five hundred dollars and the problem is Camillus House's problem as far as the contamination, they should put up the five thousand dollars, they should do their study and they will know how much contamination they have there. And if it's too much for them to handle then don't get, into the deal with us. Now, what happens is, that we are committing twenty five hundred dollars to see what the study says, if they don't like it, we have no deal, we lost twenty five hundred dollars. Unless there is a commitment that the result of this study will be borne by the sellers which I doubt they will do that, then I don't see why we should spend a penny in the study. Mayor Suarez: Well, we are beyond that. Commissioner De Yurre: Let's go to the owners of the area and start dishing out some dollars towards this outfit, Mayor Suarez: I don't imagine the twenty five hundred dollars will be an issue. I think we're beyond that but I have a feeling that we could get the twenty five hundred dollars, if fact, I would pledge it if we had any problems getting it. Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. Bailey, what happens if we acquire the land and then it is determined that the land is contaminated? Who gets sued for DERM demanding that it gets made environmentally clear immediately? Now, I hear you say that we could tack on to the sales price the cost of clearing the land and making it safe, but what happens if no one is willing to buy the land and assume that costof clearing it and we are stuck wit!; it, we the City, and 79 June 7, 1990 DFPM demands that we, the City, make it, environmentally safe. What happens -_ then, sir? Mr. Bailey: We'll clean it up. Vice Mayor Dawkins: We'll clean it... and as Commissioner Alonso has asked, where will the money come from? Mr. Bailey: All of the money involving those projects comes from our Overtown Park West Trust Funds through the bonds we issue, it does not come from the City's general obligations funds, it does not come from the City CD funds. Those monies are earmarked for that purpose and we are obligated under the statute and the redevelopment plan for all infrastructure improvements. It doesn't matter whether it is contamination, roadways, storm sewers, utility line removals or whatever, we are responsible for the infrastructure improvements of the site including contamination. Commissioner Plummer: What is the potential cost of removal? Mr. Bailey: The last one we did, which is on Biscayne View, I think we spent pretty close to one hundred thousand dollars and it really wasn't contamination it was really debris, we took some tanks out of the ground that at one time there used to be some sort of filling station there. We don't feel and this is just our professional opinion, that that particular site has severe contamination. Mayor Suarez: Anything from the Brothers of Good Shepherd, I see their counsel getting up eagerly and I also see you, Mr. Vieth. Mr. Harvey Vieth: My name is Harvey Vieth, I am executive director of Camillus House. You know, we've spent a lot of time with everybody and I appreciate that and I knew this was going to come up. I feel that the responsibility for getting rid of the contamination ultimately, if you went through the courts, would lie with us or someone before us that caused it. Mayor Suarez: Are we not... If we went through with this deal Madam City Attorney, we are not in any way changing that allocation responsibility, are we? Ms. Linda Kearson: That's correct. Even if we agree to indemnify Camillus House, the courts would still look to the City of Miami for that corrective action as with the federal agencies. So, we cannot remove ourselves from the line of liability... Mayor Suarez: That wasn't my question... Ms. Kearson: What? Mayor Suarez: My question is, are we removing them from the lire of liability by?... Ms. Kearson: Only in terms of having to pay whatever cost they may incur. If we indemnify them, if we say that we are responsible... Mayor Suarez: Are we... isn't it proposal? Ms. Kearson: ... as between the City and Camillus House. Mayor Suarez: I didn't think we were indemnifying them in this proposal. Doesn't sound like it would fly if you want them to indemnify them in a proposal. They are not asking to be indemnified in a proposal. Commissioner Alonso: So, why don't we include that they will be responsible for payment if in fact, we find the contamination. Let's spell this in the contract and include this, so they know that they will pay and then we feel that we don't have any kind of obligation on this matter. Mr. Vieth: My feeling is after talking to all the Commissioners and specifically to Commissioner De Yurre is that you stretched as far as you could the first. time for the two million dollars. Is a lot of reasons certainly, why we want to move and you want to move us, I understand that. But if it's ultimately our responsibility let's get it on the gable, we take 80 June 7, 1990 the responsibility and we move on, because we can't continue and people are starting to get irritated again. We spent !;;Pt three months trying to get this thing worked out. I think we have it worked out and I think that's what Camillus House should do. Mayor Suarez: So your understanding is, that if we make the deal, the responsibility would remain as they presently are in the law. Mr. Vieth: That's right. Commissioner De Yurre: Without lawsuit. Mayor Suarez: Well, to the extent that they are responsible for it. Mr. Vieth: We're responsible according to the federal law now. Mayor Suarez: Which under the law is, probably most of the responsibility because they have owned it all this time or they have used it. Mr. Vieth: Right. Commissioner De Yurre: But what I want to make clear is, that if there is an issue and we're going to purchase the property at the time of the closing, or it has to be determined how that payment has to be made, either we are going to do the cleaning up and you give us a credit at the closing for the monies or you know, something along those lines so that we can wrap this up. Commissioner Alonso: The test will be completed by that time, therefore, we will know the extent of the contamination... Vice Mayor Dawkins: Mr. Mayor, Mr. Mayor... Mayor Suarez: We will certainly know before the cleaning. Commissioner Alonso: Therefore by that time, then we will have... so, what we should do is instruct the City Attorney to include this in the contract, that the Camillus House will pay for this clean up and the City of Miami will not have any kind of responsibility. Mayor- Suarez: Well, at least that the City will not... Mr. Bailey: May I suggest something, please? Vice Mayor Dawkins: Mr. Vice Mayor, do you have any suggestions? Vice Mayor Dawkins: Yes, I have a suggestion. Mayor Suarez: Otherwise, we'll never get out of here. Vice Mayor Dawkins: I'm going to move this and I would like to move it with this proviso. Everyone in the City of Miami, all businesses, media and everyone has said that the City of Miami has not in anyway addressed the Camillus House issue. I'm going to move that we go ahead and purchase this land and all of those hypocrites out there who beat up on us about the land, if it becomes necessary to remove any contaminations, that, those in the public who have beat up on us, step forward with their money and help Camillus House clean the land. Mayor Suarez: I guess the motion also includes Commissioner Alonso's and De Yurre's reservations about the City not occurring any of the liability for the clean up of the contamination. Vice Mayor Dawkins: What I'm saying, I said... Mayor Suarez: I think Herb, I wish that I could understand it differently but I can't. Vice Mayor Dawkins: What I'm saying is, that we will not, that we will let the public sector, let them step forward and put their money where there mouth is, if they are so concerned about our not meeting the needs of solving this problem, so now, we're going to do what we have to do. 4- B1 June 7, 1990 11 Mayor. Suarez: Vice Mayor, are you willing to go as far as to Gay that let the responsibility for the clean up remain as prescribed by law before the closing? Vice Mayor Dawkins: Yes, sir. Mayor Suarez: All right, I'll go with that motion. Vice Mayor Dawkins: And then, it's up to the Camillus House... Mayor Suarez: Which means that we don't indemnify you, you don't indemnify us but we'll certainly pursue you for the cost if by any chance any of it is attributed to us, which I don't think it would under the law. Commissioner De Yurre: And that includes... Commissioner Alonso: Two points of clarification, if I may. The first one, I was told by Camillus House that as a result of our action here today, they will not continue to work toward having the... Mr. Vieth: Satellite. ' Commissioner Alonso: Flagler and 6th Street servings, no satellite kitchens, serving or deliver, to that location and I want that for the record that, that will not take place, that you will not be involved in any way whatsoever in satellite kitchens anywhere in the City of Miami. Is that so? Mr. Vieth: I agree. Commissioner Alonso: And especially the one in Flagler, it's not going to continue. Mr. Vieth: I agree. Commissioner Alonso: All right. Now, one other item I want for clarification on the record. I don't hear anything about Dorothy Reader. This lady owns 700 through 728 NE 1st Avenue. Have we... Mayor Suarez: Why are we on the acquisition of that, Herb... Is that?... Commissioner Alonso: ... taken into account that this lady has an interest in this and it is to our interest to handle her case at this time... Mayor Suarez: And get that resolved too. Commissioner Alonso: ... rather than waiting at a later time. I think it will be much better for the City of Miami to address the problem now, rather than a time that it will be her choice. Mayor Suarez: Where are we on that, Herb? Mr. Bailey: Well, that's a total different issue. However, we are buying the leasehold rights that Camillus House has with her... Commissioner Alonso: For forty seven years. Mayor Suarez: Oh, this is the fee simple ownership? Mr. Bailey: Now, the fee simple ownership for the site is a matter that we have to negotiate with the property owner at another time. Commissioner Alonso: Exactly. Mayor Suarez: Have we got any indication from her what she is looking for? We do have a... Mr. Bailey: No, we haven't. Mayor Suarez: We do have an appraisal of what that's worth, right? Mr. Bailey: We have an appraisal. 89 June 7, 1990 t9ayor Suarez: Almost nothing, right? Mr. Bailey: But the issue here... Commissioner Alonso: Now, perhaps it's nothing, who knows. Mayor Suarez: The more we delay, the more it'll. be worth. Commissioner Alonso: The more we delay, the costly it will get for the City. _ I want it done now. Mayor Suarez: Because the lease is beginning to... absolutely. Mr. Bailey: But, I would just like to remind you that the issue here, which is inclusive of real estate is a matter of the operation of Camillus House, and once we can resolve that issue then we'll have time to resolve the land issue and even if we don't, we have forty-two years the use of the property. Mayor Suarez: Well, the Commission has indicated, I think Herb, that we have to move very quickly to obtain fee simple ownership. It has done so in more than one occasion and I'm frankly troubled by the fact that we don't even have negotiations going on that. Maybe it's because you thought that until we got the leasehold, which is a more valuable part, resolved, should move on the other. But we really ought to get that resolved. Mr. Bailey: We've had discussions with the property, the representatives of property owner and they have, at that time no interest in discussing the sale of the site. Mayor Suarez: Have they advanced a figure at all? I mean, I'm not asking you to put it on the record but have they? Mr. Bailey: No, we did not advance a figure, we know what it's worth by appraisal. Mayor Suarez: Have they asked for a figure? That's the question. Mr. Bailey: No, they have not. They have not asked for a figure. Mayor Suarez: All right. Commissioner has indicated that for this to be sealed, - signed, sealed and delivered, she is going to want to see that fully negotiated and I'm not sure if it's a Commission's consensus but it sounds like a... Mr. Bailey: If we resorted to that... Commissioner Alonso: This is not the first time that I have brought this item. I have presented my concerns and I don't know why this is not done. The City, it has plenty of experience in cases like that and we know quite well that if we deal with this person at this time, it's going to be much more... it is convenient for the City to do it now. Later, I don't know, the price might escalate. Commissioner De Yurre: Well, let me ask a couple of things as we have dealt with this issue before. Wasn't there a price determined based on the lease amount that is paid, which is a nominal amount as to the value? Mayor Suarez: Yes. We have in our own estimation of what it's worth. Commissioner De Yurre: OK. Now, based on that, we can start condemnation proceedings which we discussed before also. Mr. Bailey: We have absolute control on whether or not we would like to acquire that site either through further negotiation... Mayor Suarez: Well Herb, it sounds like the Commission is heading in a direction based on the estimates that we have which we don't have to disclose on the record but I think all of us know, what they are roughly. To begin negotiations forthwith and if not negotiated, begin condemnation as to that. Mr. Bailey: I understand what you're saying, Mr. Mayor and I understand Commissioner Alonso very well, but I submit to you, if we have to at this time enter, add on to the negotiations with the property owner... 83 June 7, 1990 0 Mayor Suarez: Ware not, necessarily doing that... Mr. Bailey: Well, that's what she is saying. Mayor Suarez: ... we're trying to solve the bigger issue but I'm saying that the Commission also maybe as a separate motion, will instruct you to negotiate quickly on the fee simple and if not negotiated by, let's say the 25th, assuming that we close on the other deal, we begin condemnation... and fix the prices, the Commissioner is saying. So it doesn't get... Mr. Bailey: I have no... Commissioner Alonso: Yes, I want to state for the record at a later time, I will make a big issue if you come back with a figure that is higher than what it's estimated at this particular time. I think that this deal with the length of time that has been discussed, we should have addressed all the parties involved and I have no idea why we never discussed with this lady and finalize at the same time of this contract, in order resolve the problem of the property and not to hear anymore about that. Mr. Bailey: Can I correct the record, please. We have discussed at this level and we do have correspondence from the property owner regarding their ownership of that site. Commissioner Alonso: May I have copies of that please? Because I've asking. Mr. Bailey: Yes, we will. Mayor Suarez: And Herb, you make it sound like it's the simplest thing in the world to get that resolved and yet you know, for some reason, we're not in a position of imminent resolution of it as you would think we would be, given that the more complicated and more expensive portion of this has taken us like two years. Commissioner Plummer: If it was so simple, why wasn't it done? Mayor Suarez: OK. We have a motion and a second. Mr. Bailey: Can I get a clarification, please. I want to make sure... Mayor Suarez: We don't have a motion on that issue, so unless somebody moves it we're going to go with the existing motion. Mr. Bailey: Are you moving on... you're not amending his motion? OK. Mayor Suarez: We are not at this point. Commissioner De Yurre. Commissioner De Yurre: OK. I just want to make clear, when we're talking about toxic waste removal, we're talking about asbestos or anything that's found on the property? Mr. Bailey: Well, that's part of the demolition and if we... that's not included in what I consider to be toxic waste removal from the soil contamination. Commissioner De Yurre: No, no. It isn't what I consider it to be for this vote. Commissioner Plummer: Hazardous. Mayor Suarez: I want to reflect in the record Herb, that the sellers of the leasehold interest of the property have nodded, meaning yes, they understand... Mr. Vieth: We understand. Mayor Suarez: ... that those responsibiiiti.es also will not be altered by this deal, as prescribed by law. Mr. Vieth: I agree. 84 .Tune 7, 1990 LIJ Mayor Suarez: OK. Commissioner De Yurre: And what does the law say? That the seller at this point in time is responsible for the removal of all toxic waste including asbestos or anything found on the property? Ms. Kearson: The law says, that any person in the chain of title is responsible. Once we acquire the property, we are jointly and severally liable while the owner may have been the creator of the problem, once we acquire, we too are also responsible. That's what the lay says. Commissioner De Yurre: OK. The bottom line. So, we are clear at getting away from law, For my vote, it's Camillus House, the sellers that are accepting the responsibility of the cost of any removal. Unidentified Speaker: Yes. Commissioner De Yurre: Ok, that's fine Commissioner Plummer: One hundred percent. Commissioner De Yurre: One hundred percent. Mr. Bailey: They are accepting the cost... Commissioner Alonso: For the record, yes? Unidentified Speaker: Yes, yes. We have to anyway, if you go through the courts and you spend a lot of money, we spend a lot of money, we would anyway, so, why don't we just say we will and... Mayor Suarez: Well, you may be able to collect some from the fee simple owner, that does not preclude you from trying to collect from other people other than the City. Commissioner De Yurre: That's up to them, they can go and chase who ever they want. Unidentified Speaker: The City could get a new developer to do it, we certainly wouldn't rule that out but right now, we... Mayor Suarez: We wouldn't either. Mr. Bailey: Well, that goes back to the part Commissioner Alonso is bringing up and you know, the owner, property owner as of this time, even though we are buying the leasehold, rights of Camillus House is still responsible for any toxic waste found on the Camillus House site. That's why I would like to clear up the matter of getting Camillus House operations out before we deal with the owner of the fee simple land for which Camillus House has the lease on. Commissioner Alonso: Hold it a minute. I want a legal opinion on this. If Mrs. Reader then will be the person responsible... if Camillus House is telling to us, yes, today, it will mean nothing to us? Ms. Kearson: Mrs. Reader is not solely responsible. Mrs. Reader as a fee simple owner is also jointly responsible but Camillus House as the person operating the facility will also be responsible. So, we're talking about Mrs. Reader, Camillus House and the City of Miami. Commissioner Alonso: Not us, because we are not going to be part of that until the responsibility. Ms. Kearson: Well, we don't... No, under the law, if we acquire the property, then we are responsible as well. Commissioner Alonso: I see. So, the hundred percent that Commissioner Plummer just said, is not really so, because we haven't heard ltie lady say, yes. Commissioner Plurraner: No, it is so, because they have agreed to it. 85 June 7, 1990 Vice Mayor Dawkins: I move this... Commissioner Alonso: And do they have legally, the power to talk on her behalf? Vice Mayor Dawkins: I move this. Commissioner Alonso: They will pay. Ms. Kearson: Let the attorney speak for them, I can't speak for her. — Commissioner Alonso: They will not ask Ms. Reader to pay for anything, you will be responsible, hundred percent for the cost of removal of any toxic materials including asbestos. Unidentified Speaker: Yes, ma'am, but without precluding our right to look to other people than the City of Miami to reimburse us. Mayor Suarez: But it doesn't preclude their right to try to proceed against anybody else? Commissioner Alonso: That's fine with me, but as far as I'm concerned... Mayor Suarez: Thank you. Commissioner Plummer: With one proviso, you can proceed against other people but not the City of Miami. Mayor Suarez: Except for the City. Unidentified Speaker: I said that. Mr. Vieth: That's right. Commissioner Alonso: OK. — Mayor Suarez: All right. That's in the record, we have a motion and a second. - Vice Mayor Dawkins: Call the roll.. Commissioner Plummer: There are objecters. =- Mayor Suarez: We have to... Vice Mayor Dawkins: Oh, we've got to hear from the objectors. - Commissioner Alonso: One last comment on my part before I can vote on this item. _ Mayor. Suarez: Please, please, Commissioner Alonso. Commissioner Alonso: My concern again about the amount of money that we have to pay to Mrs. Reader is, the cost of this deal as far as we are concerned, we are saying is two million when in fact, we don't know how much will be the total amount because I have not been given a figure from the administration as to how much this lady will accept. I want that to be part of the record. ' Mr. Bailey: Commissioner, can I explain that we never acquired property until we come to this Commission with appraisals and that establishes fair market value, it may change from month to month. l Mayor Suarez: She is putting into the record that she didn't get that figure. Yes, Commissioner. Commissioner. Plummer: Question. The remaining fee simple is for forty seven years? Mr. Bailey: In the forty year range, I think, I'm not certain. Commissioner Plummer: OK. Does that preclude us, does that preclude us from leasing out that property on a basis of forty seven years? 5 9 J a 86 June 7, 1990 Go Mr. Bailey: No, it doesn't, we have... Commissioner Plummer: We could do anything we want with it. Mr. Bailey: We could do anything we want with it for the lease, yes. For the period of time we are buying the lease rights. Commissioner Plummer: There's the new City Hall. - Commissioner Alonso: I think so. Commissioner Plummer: We got it as part of the deal. Vice Mayor Dawkins: Call the question. Commissioner Plummer: No. you've got objectors. Vice Mayor Dawkins: OK. Well, let's hear from he objectors. Mr. Alan Savitz: Yes. Vice Mayor Dawkins: Yes, sir. Mr. Savitz: My name is Alan Savitz, president, Universal Home Products. And I would like to wait for Mayor Suarez to be off the telephone because... Vice Mayor Dawkins: All right, anybody else want to state their concerns while he is waiting, would you like to state yours, sir? - Unidentified Speaker: I do. Mr. Alan Savitz: I'll wait until we have full attention, sir. _ Vice Mayor Dawkins: You're going to wait for the Mayor. All right, you, come on in, sir. Unidentified Speaker: I'll wait until everybody can hear me. Vice Mayor Dawkins: All right, then Let's break for lunch and come back after lunch. Commissioner Alonso: Please finish... OK, fine. Unidentified Speaker: That's not fair, we've been here since early this morning. This is... Unidentified Speaker: I have a business to return to. Commissioner Plummer: Wait a minute, who is feeding this homeless? Mr. Savitz: All right, OK. We're on. Mayor Suarez: I think the way we're going to have to handle this, we're going to have complete presentation by the City and of course by the Brothers of the Good Shepherd, subject to anything you might want to state afterwards, but unless the Commission wants to hear briefly from the objectors, I think the best... Commissioner Plummer: I think people ought to be aware of the policy. The last speaker at noon is the last speaker, the last item at nine is the last item. So... Mayor Suarez: And I'd like to give you the benefit of you know, the ten minutes at least that you are entitled to and two minutes per speaker, so... Mr. Savitz: OK, we appreciate that... Mayor Suarez: The vote will be held until after we hear form you. We do have a motion and a second on the floor which can be maintained until after the recess. 87 June 7, 1990 Ms. Matty Hirai: We have a motion by Vice Mayor. Dawkins, we need a second, Mr. Mayor. Mayor Suarez: I thought it was seconded? Commissioner De Yurre: OK. I'll second. Mayor Suarez: Seconded by Commissioner. Commissioner Alonso: Could you clarify your motion again, Commissioner? Would you read the motion? Ms. Hirai: The motion is moving the item as stated leaving the responsibility as it presently appears under the law. Mayor Suarez: All responsibilities as to contamination are left as presently in the law and not otherwise affected. Commissioner Plummer: Well, but that's a part of the big motion? Mayor Suarez: Yes. Commissioner Plummer: And the big motion is, that the other two items that I had in there that I don't think have been written in yet in reference to the development fees and the possible... if we get a reduction they get a reduction. Mr. Odio: We had the letter signed yesterday. Commissioner Plummer: OK, fine. I haven't seen it. Ms. Kearson: We need a point in clarification though, however. As prescribed by law means that we are liable, we want to specify in the contract... Ms. Hirai: But they have stipulated separately as to their own responsibility for Ms. Kearson: OK. But that is to be included in the contract, that they would be responsible. Commissioner Plummer.: And they would surrender a letter accordingly that would hold and indemnify the City from any cost. Ms. Kearson: Right. Mayor Suarez: I deemed his statement on the record to be precisely that and if you can get it in the form of a letter, and Counselor, provide that to us, so much the better. In the meantime, that is the motion before us and we will take the objectors right after lunch. I think we are scheduled to be back at 2:00 P.M. Commissioner Plummer: Thirty. Mayor Suarez: And the Commission always request for that to be 2:30 p.m. so we will adjourn now and come back at 2:30 p.m. Thank ,you. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:06 P.M. AND RECONVENED AT 2:45 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 88 June 7, 1990 24.1 (Continued Discussion) AUTHORIZE MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-278 AND 732-740 N.E. 1 AVENUE (CAMILLUS HOUSE) - AUTHORIZE CITY ATTORNEY TO PROCEED TO CLOSE ON SUBJECT PROPERTY AFTER REVIEW - AUTHORIZE MANAGER TO EXECUTE SOCIAL SERVICES GRANT AGREEMENT WITH BROTHERS OF THE GOOD SHEPHERD, INC. AND TO ISSUE REVOCABLE PERMIT FOR USE OF SUBJECT PROPERTY FOR DESIGNATED TIME PERIOD. Mayor Suarez: We are reconvened and had finished hearing from both the City and the Brothers of the Good Shepherd representatives and we have a couple of objectors. I'm going to keep you to the code mandated limit of two minutes, so, give us your name and address and state your objection if you would, sir. Mr. Savitz: OK. Alan Savitz, president, Universal Home Products. We are located on the corner of 19th Street and North Miami Avenue right adjacent across the street to the new proposed building. We object to this because of the following reasons and what we requested is is delay, to give the people the opportunity to speak their objection against the project because we just heard about this, this morning, as you can see, we're here. Mayor Suarez: You told me before in the recess what kind of business you have, would you put it on the record? I forgot what it is. Mr. Savitz: It's a wholesale textile type business with sheets and pillow cases and small items that we sell, Mom and Pop shops and small department stores and small business people that are daily coming in and out of our business... Commissioner Plummer: And you're located where? Mr. Savitz: On the corner of NW 19th street and Miami Avenue. Commissioner Plummer: That's the fire station? Mr. Savitz: Right across the street from the fire station and right across the streetfrom the new proposed purchase of the property. Now... Commissioner Plummer: But you're on the west side of the street? Mr. Savitz: No, the north. North side of... Commissioner Plummer: Oh, you're between 19th and 20th? Mr. Savitz: Yes, sir. Commissioner Plummer: Isn't there a seat cover place up there or something on the corner? Mr. Savitz: No, that's the next block over. We're right next to... and we're right across the street from Miami Fire Station. That was another thing I wanted to bring up, that the Miami Fire Station, their trucks and fire rescue cars shoot out of there fast for rescue missions and with a lot of people walking around the area, they could get run down, they can get hurt, they can delay and they could bring lawsuits even against this City. And I think that this should be thought of a little bit more regarding the new area of location. My son who just graduated from the University of Florida joined my firm in February. This business has been there for twenty five years. Our business would definitely be ruined by the location of Camillus House right adjacent to our property, right across the street. I read... Mayor Suarez: Have you seen the Miami Rescue Mission facility right in that vicinity? Mr. Savitz: The Miami Rescue facility is in back and behind and more towards NE 2nd Avenue. 89 June 7, 1990 0 U- Mayor Suarez: Have you seen it though, have you sort of driven by there and seen how that's operated and how that's affecting or net affecting the neighborhood? Mr. Savitz: Well, just yesterday someone stopped by and they said, can you give me $4.50 to get into the Miami Rescue Mission because I want to get a shower and... Mayor Suarez: Well, that happens to me right here in front of City Hall. Commissioner De Yurre: May I ask a question of the City Attorney? Do we have any say over where people may purchase or not purchase property? Ms. Keason: No, sir. You do not. Commissioner De Yurre: OK. Thank. you. Mayor Suarez: That's the problem. But anyhow, anything further? Mr. Savitz: Well, the thing is, I understood that this was all tied in so they would not purchase property near their present location, that part of your selling or buying is to make sure that they out of your area but the only thing I want to bring up is then, they have just moved into another- area in downtown and the same problem will be there. There's also two schools in the area, Miramar Elementary and there is also the Phyllis Wheatley, and these little kids go walking through there, there is light to cross the street around that area and I don't think it's conducive to have men and people lounging around the area and it's not the fault of Camillus House, it's just the way it is, you know the facts of life. The community will be better served by relocation to a more distant area and you know, we've invested over twenty five years, a lot of money in this property and the thing is, just as somebody stated, that the property will be worth double where they are leaving, it will be worth half where they are going to move to. And I think that there is going to be a zoning problem with restaurants, and hotels that's similar to what they are running. They have a kitchen, they have restaurant facilities, they have rooming facilities and, but most important I would like you to go by there sometime and see how good the fire station number two, they react quickly they pull out of there fast and somebody is going to get hurt and get run down. I think it's poor planning to make a deal where they have to get that. Let me turn the thing over to someone else and I thank you all. Vice Mayor Dawkins: OK. Two questions from you, sir. Mr. Savitz: Yes. Vice Mayor Dawkins: How many people do you employ? Mr. Savitz: Ten people. Vice Mayor Dawkins: Ten people and you've been there, how long? Mr. Savitz: Over twenty five years. This year is twenty five years... May. Vice Mayor Dawkins: Thank you. Mayor Suarez: Thank you, sir. Mr. Dan Dawson: My name is Dan Dawson, I'm a business and property owner at 1140 North Miami Avenue. I've been there for twelve years, I'm a fifth generation restaurant, store and bar equipment dealer. Basically, I just want to state for the record that I'm for the Camillus House purchase but I'd like to be a little skeptical on how the funds are spent on the Camillus House. You're going to be giving these people two million dollars for this property to hopefully alleviate the problem of the homeless in downtown Miami. But basically, we have to look at why the homeless are in downtown Miami and what's to stop another organization from coming in and opening up another homeless facility and then you have to do the same thing all over. My building has been for sale for three years and the neighborhood has gotten to its worse point. in the last four or five years. I have stacks of police reports from many different situations I've had to deal with from life threatening to just loss of property. I've also been approached by different missions to purchase my property and maybe open up a mission there, and 90 June 7, 1990 basically, even, it might be a smart move for me to open a mission and ask you people for a million dollars and make a quick sale and you'll. get me out of there. Basically, it's kind of a joke but the truth of the matter is, we. are promoting the homeless downtown and there are policies that have to change before we ever talk, even start to negotiate purchasing the property from Camillus House. We have street feedings going on, whether it be the Camillus House or the concerned churches from distant areas, we are promoting the people to be there and as long as this occurs, we're going to have the problem and we need to take a long in-depth look at what's going on. If. we were to do certain things along with it, say, zone out the street feeding, something for nothing doesn't work, if you turn around and feed these people, a lot of these people are mentally incompetent, they really need to be helped and we're just turning our backs on them and leaving them on the street. You feed them today, they are going to be there tomorrow waiting for another meal and they are going to be there as long as you keep the food coming. In the meantime, they haven't got the help they need, they are stuck on the street and nobody is really doing anything in-depth about it and the problem just won't go away. You know, I was wondering basically, if you guys could tell me what you've done towards that so along with the purchase of the Camillus House, what type of plans that you have to make sure this doesn't occur in the future. Mayor Suarez: Well, I'll tell how it worked in the case of Miami Rescue Mission. We purchased their property, we helped them to raise the funds from the private sector, they build a new facility, the new facility has beds only for the people who are fed and has not created a problem that I am aware of in the neighborhood. That's exactly what we hope will happen with Camillus House. Mr. Dawson: Oh, that's... Mayor Suarez: People are always able to locate a... Mr. Dawson: A very good brief answer. Mayor Suarez: Right. Mr. Dawson: And it's good in the respect that it will be doing some help, but the problem is... Mayor Suarez: It's a beautiful facility, I think it's run well, there are no lines outside that I am aware of... Mr. Dawson: I'm in agreement. Mayor Suarez: ... Only the people who are residing there are fed, just like my house and your house. Mr. Dawson: I'm in agreement. If I were take a couple van loads of these people though and bring them to your house and camp them in your front yard... Mayor Suarez: I take that back, at my house a lot of times, we feed people who are strangers. Mr. Dawson: ... or on the sidewalk, they wouldn't be there in twenty four hours to forty eight hours. I've had to endure for twelve years and I tried to help some of these people, I deal with the police department in great depths, I'm trying to improve the City of Miami downtown and I try to take a long range look at what's going on down there. Basically, seventy percent of my business is export. And in the area, the Overtown Park West area, there's a great deal of import/export going on in that neighborhood. And basically, there's two major seaports on the east coast of the United States that people deal with in South America and the Virgin Islands and that's Miami and New York. Now you take into consideration the reputation that we've gained over the last few years between the riots and people coming down here having bad j experiences in the neighborhood, driving along looking at the blight, and you take the property depreciation, the loss of business, domestic and foreign and , we are talking about billions of dollars here. Now the City, we're going to give two million dollars to Camillus House and we're just passing the buck. Basically, the way I look at it, if we. were to take two million dollars and initiate a program of our own and take care off our own homeless, and remove - then, from this downtown area with a good well thought. plan, I think it would be, better than just giving Camillus House two million dollars and allowing l 91 June 7, 1990 Y '""N, -1% them to go off on their own and try to take care of something that.'s really our responsibility to begin with. The police in the area sometimes I've had on life or death threatening situations I've had up to a three hour response time. I talked to officers in the neighborhood and said, well, you know, how many of your calls are related to the homeless from window washing to murder? And basically, I was informed, I said, come on, what., seventy, fifty, seventy? And they said no, it's more like ninety percent of our calls are homeless related. I don't know if that's a hundred percent, you can find out from the City of Miami In that area. Basically, as a taxpayer, I'm paying for the police to take care of the homeless and when I need them, they're never there for me. My father fought in World War II, he doesn't want to carry a weapon anymore, he doesn't want to hurt anybody and yet, I can tell you a number of times where he has almost been killed down there and I don't feel that he should have to go through that as an American or taxpayer or a business owner here. Mayor Suarez: Thank you for your statement. Mr. Vice Mayor. Vice Mayor Dawkins: How many people do you employ, sir? Mr. Dawson: Well, right now sir, we have, a few years ago we had about fifteen people employed for us but people are afraid to frequent our area anymore. Vice Mayor Dawkins: As of today? Mr. Dawson: As of today, right now, we have four people employed. Vice Mayor Dawkins: You have four people employed? Mr. Dawson: Yes, sir. Vice Mayor Dawkins: All right. Now, you made a statement that it's our... this is your statement... Mr. Dawson: Yes, sir. Vice Mayor Dawkins: ... It is our responsibility to care for the homeless. Explain that to me, please. Mr. Dawson: Well sir, as active members of society and tax payers and the people who set laws and pass bills are the responsible parties in the society. We have to take care of people who aren't mentally capable or don't have the drive or initiative to take care of them, for them, because they apparently can't do it themselves. Vice Mayor Dawkins: And if we as the elected officials, seem to think that the better way to do it is to work with an existing organization that already has quote, unquote a plan, that's supposed to be attacking this quote, unquote evil, you think that we are in error in not attempting to assist this agency to meet this need. Mt. Dawson: Well, I believe you're twisting things a bit, because... Vice Mayor. Dawkins: See, that's a matter of opinion. I think you're twisting them a bit. Mr. Dawson: All right, you have the right for that opinion, I have the right for my opinion also. Vice Mayor Dawkins: Ok. Thank you. So, let's don't get into some matters of how we fee]., you know. Mr. Dawson: But basically, what I was saying, in answer to your question... Vice Mayor Dawkins: OK. Thank you. Mr. Dawson: ... in answer to your question., I feel, if you remember the first thing I said, I was in favor of a Camillus House purchase. I do believe something needs to be done and rather than picking at it, if you work with it, you'll see that I am not crazy. I have been in that area for twelve years, eight Hours a day, I don't think I've spent more of my life anywhere else than 92 June 7, 1990 .� 10 I have down there. I have two small have to take care of them too, and I take you in that neighborhood... children and a wife anti a house and I am responsible to them. If I were to Mayor Suarez: Where do you live, sir?... as long as you have mentioned your family and your kids. Mr. Dawson: I live in Hallandale. Mayor Suarez: All right. Vice Mayor Dawkins: OR. Mr. Mayor. Mr. Dawson: If I were to take you into that neighborhood that I do pay taxes in there, my business record, licences and everything. Mayor Suarez: You mentioned your family and your kids, and taking care of them, that's why I wanted to know whether you lived in the City, that's all. Mr. Dawson: Oh, no problem, I understand. But he was ready with a rebuttal. Vice Mayor Dawkins: Let me close this Mr. Mayor by saying, that we share your concern, OK? But we are not in my opinion, the perpetuators of this. If you will go down to Camillus House any night, you will find people who do not live in the area, who bring food down there every night and put the food out there. And Miller Dawkins said, they put it out there to keep them out of their neighborhood. OK? The people from Virginia Gardens, they bring food, the people from Coral Gables, they come, and they only bring it so that they do not go into their neighborhoods. Now, all we are trying to do sir, is establish some kind of a, like you said, a mechanism that we can control this. Now they are supposed to make sure that no people hang around outside because if we allow the people to congregate and hang around outside, just like you said sir, the same people that we drove out of business around the Camillus House, by allowing this to happen, will happen to you. And I agree with you. Mr. Dawson: What I'm trying to do is improve the neighborhood and the quality of life down there for everyone concerned. I'm going to be out of there. My business and building are for sale, I can't wait to leave. It's a shame, I'd like to stay there. Commissioner De Yurre, you received a plan on the Seattle _i homeless plan, didn't you... a few weeks ago? Commissioner De Yurre: We were out there and we saw how things worked. They —' also put in like six million dollars out of their general fund into the 1 program which we don't have. Mr. Dawson: All right now, I had mentioned a little while ago, about the reputation of Miami being soiled basically by the way downtown appears to _ people who come there from out of the country, plus our own domestic people — , who live here in the state of Florida. I mean, I'm sure you are all aware of _ the competition we have for tourism from Disney Land and Central Florida, it's not worth it for people to come down here as it is any more, they can do everything they want in Central Florida. Mayor Suarez: Well, eight million of them came by last year. -- Vice Mayor Dawkins: And tell your father that you looked and talked to an individual who also fought in the second World War. Who went from England' through the Anzio Beach head all the way through France, Eri land and Africa in the second World War and I got two guns. Mr. Dawson: I thank you, but if you were there everyday, you probably would have to use your guns, sir. Mayor Suarez: We don't have to get .into the issue of the military service. Mr. Dawson: Oh, he was bringing it... Mayor Suarez: You stated your dad's, he stated his, that's it. Anything else, sir? Commissioner De Yurre: I have an uncle that served with the marines. 93 June 7, 1990 Mayor Suarez: All right. Commissioner De Yurre: Just, for the record. Commissioner Plummer: I was only in the salvation army. Mr. Dawson: Basically, I wanted to say something... Mayor Suarez: Please, please. Mr. Dawson: ... before I leftquickly, in shortness. A couple things I did, was I got the department of transportation together with the City of Miami police department and they're going to be working together now to keep the people from sleeping underneath the bridges. There are a number of properties in the area also, that once the grass reaches a certain height people go in and they start to build up... Mayor Suarez: The problem of the underpasses in downtown Miami and in many other areas is just horrendous. Anything you could do to get DOT, FDOT, County, to maintain those properties and keep them clean, it would be magnificent and they will have the effect of creating a disincentive for the homeless. They don't tend to hang around if the place is all fixed up. They have no place to lie down. They have no place to use for cover and besides that, the downtown shouldn't look that way, and the Overtown area shouldn't look that way with those overpasses. They are awful. And they are not our responsibility, not our jurisdiction, no matter how much we try to clean them up. Mr. Dawson: No. I'm in agreement. Commissioner Plummer: Let me ask the administration a question. Mr. Manager, they just brought out about the underpasses. Cannot we go into, underneath those underpasses and eliminate all of those shacks that are being built with the sanitation department? Mayor Suarez: Can we not fence them in? That's another... Commissioner Plummer: No, no. 4 Mr. Dawson: I have DOT... 3 Mayor Suarez: Sir, this is not directed at you. Commissioner Plummer: Don't come with Miller Dawkins fencing again. Mr. Odio: It's a DOT problem. Commissioner Plummer: But can't we go in there with sanitation and clean up the area. Vice Mayor Dawkins: Vi.olating... you all are going on private property. Mayor Suarez: Well, but a lot of them are, a lot of the right of ways, is — owned by the state. Commissioner Plummer: I'm just saying to clean the property, it's ugly, it's horrible and it's dirty. Mayor Suarez: Can we get some authorization from state DOT to go in there and do something? _ Mr. Odic): I was checking because of some other reason, not because whether we should clean it or not. And it is... _ Commissioner Dawkins: He's got all the Sanitation workers. He don't have no workers. Commissioner Plummer: There is almost thirty huts under the 395. Mr. Odio: I know where they are, exactly where they a.re. There is also here on the Coral Way. 94 June 7, 1990 Mayor Suarez: You know, if thny would give them to the off street, authority, they are magnificent at creating parking lots and putting nice landscaping and fencing around it, nobody uses them, under the underpasses, but they are great at fixing them up, make them look real good. Commissioner Plummer: The point I was trying to make, I don't think there is anything in any law that says that we can't go in and clean an area. Mayor Suarez: Absolutely, and we would get authority from... Commissioner Plummer: Now, what you clean up in that area is up to you but it seems like to me that if you cleaned up the area. the Bicentennial Park, I must of counted at least a dozen little lean-tos that has been built in that place. It seem like to me that we ought to go in there from strictly a sanitation standpoint and clean the area. Mr. Dawson:: I am for the... Mayor Suarez: No. Go ahead, sir. We've got to get on. We've been debating this issue probably for the last three years. Mr. Frank Martel: Thank you, Mayor and all you other nice people. I am Frank Martel, I own a piece of property at Miami Avenue and Northeast 19th Street. I'm immediately north of the fire station. I took any old warehouse twenty- five year ago and built it into Rets Electronic school. This is the largest private technical school in the state of Florida. We have five hundred students in attendance twelve months out of the year, day and night. Forty percent of our students are young ladies today. By placing Camillus House right across the street, it means that the parking or the bus stop there will probably have to be eliminated, no one's going to use that spot and we will lose our student body. Now, I came here in Miami in 1954 and established Rets. And we have trained most of the technicians that work for the County and Cape Canaveral, IBM and the banks, the hospitals. Now, this spot that you have pinpointed for Camillus House has the Phyllis Wheatley School out the back doer at 18th Street and NW Miami Place. You have Rets Electronic school right across the street, you have the Miramar School about 600 feet east of our building and then Temple Israel and a very nice park on the bay. Now, I'm part of the Omni Center development district. Hopefully someday, we will be able to do something with the old Fincher property, the Jefferson property, a few others, the Sears... Mayor Suarez: Excuse me, maybe you know the answer to this. What are the names of the principals of those two schools? Wheatley and Miramar. Mr. Martel: They are public schools. Mayor Suarez: What are the names of the principals? Do you remember? Mr. Martel: I wouldn't know Phyllis Wheatley. I think there is a gal by the name of Doll, I think her name is Doll, that's the Miramar school. Mayor Suarez: You ought to get to know them real well, since you're in that area. Mr. Martel: Well, I would always talk to the doll, you know that. The important thing is, we would like the folks in the neighborhood to help, like to help Camillus House in solving their location problem and we have talked with Mr. Vieth, the executive director. What we would like is for this Commission in structuring your purchase of. Camillus House, not to tie in this specific location. The people who run Omni, Norm Raymond and all the other folks in the neighborhood are going to be affected by this greatly, and we get a spill over from the Rescue Mission as it is. Florida Power just put in a new eighteen inch water line down N.E. Miami Court for their new facility on 20th Street there, the old Charles plumbing property. So, they paid five million dollars for a piece of property and they are about to start construction on a facility there, and I'm sure that Florida Power would have something that. you would like to hear about what's going to happen to their facility there. I've worked all my adult life supposedly to build the technical school and pay for the building and all of its renovations and I tear that my pension as such, is going down the drain because I will not be able to hold the school in this building. I will not be able to sell, the building, I'll have to give it away. I will not be able to get a tenant but 95 June 7, 1990 '"0'1 as recently as yesterday, just, yesterday, the folks from the Dide County school system were in looking at my first floor to rent it. It's been empty for quite a while; my school is on the second floor. So, once this comes out, Camillus House, is going to blast that prospect out. It's pretty hard finding prospects. So, I wish that there was a way that you could structure your deal., let Camillus House be purchased but let's not have a tie in deal that absolutely they have to go to this location. Mr. Vieth, the executive secretary for the Camillus House said that, thats the way the deal was structured. Is it structured that way? Mayor Suarez: No. We can't prescribe where they are going to locate it as long as it is within our zoning code. My bet would be if you don't have that space occupied right now and Dade County public school is considering renting from you, that if this deal goes through you have a higher chance of renting it. For a variety of reasons that would take a long time to explain as to the whole well being of the area. Mr. Martel: I would like you to explain it to me. Mayor Suarez: But, not to mention the fact that it's Dade County. OK. Any one else on this issue? And then we will go ahead and take a vote on... Commissioner Alonso: And I. have one question. Mayor Suarez: Oh, Commissioner, please, I'm sorry. Commissioner Alonso: No. After the gentleman. Mayor Suarez: All Right. Mr. Hal Cougar: My name is Hal Cougar, I have a business and I own property in the area within five block of it. I have been given to understand that if the City purchases the existing Camillus House property that the Brothers of the Good Shepherd have definite plans to move Camillus House to 19th and North Miami Avenue. I feel that moving this to this location will cause more problems than even exist presently at their present location. Within a five block area to the east, lies Plaza Venetia, the Marriott Hotel, Grand Hotel, Omni Hotel and Shopping Center, the Miami Herald, the News Arts and Cultural Center, the School Board, the proposed China City, WLRN, the new Peoplemover station and Temple Israel. And hundreds of small businesses and residents that will be adversely affected by the relocation to this 19th Street and Miami Avenue location. Basically, what you are doing if this new site becomes a reality, would be dumping Camillus House form the frying pan into the fire. A few years from now, you will have the same problem you have as you are moving these people now, and you will move them again at another fortune to do so. Our area has had enough, we are tired of being the dumping ground for the City's unsolved problems, business owners and residents in the area have already been burdened with more than their share of this type of social service. The neighborhood is more home to the Miami Rescue Mission, the Salvation Army shelters. To further concentrate and duplicate services in such a narrow geographic area does not best serve the people it is intended to help. It will only make, it completely impossible for any other future development in the area. This move only serves to stifle an area that is just beginning to blossom. The Commission has already created and put into effect the tax increment district that extends within two blocks of the proposed site. This is not the kind of improvement we expected. The business people and property owners gathered here today have come with less than twelve hours of notice to voice their concerns. We would appreciate the opportunity to at least be given time to adequately represent ourselves in this very important matter. That is my written statement. Mayor Suarez: Thank you, Mr. Cougar. All right Don, last statement. We're going to vote... proceed. Mr. Donald Benjamin; Mr. Mayor, Commissioners, my name is Donald Benjamin and I am the interim president of the Overtown Advisory BOoard. We didn't expect to be speaking on this matter today, because we didn't think the location had anything to do with anything. But I'm certainly concerned that a number of people have come here and expressed some concerns an their part because of the location of this facility. The executive committee of the Overtown Advisory Board met on Monday afternoon and discussed in some detail, this new situation with Camillus House and the possibility of the new location. And we are quite 96 June i, 1990 pleased with this new arrangement and wF support the Camillus House in their efforts to relocate to this location. The residents have no fears snd the people who are speaking here, they have not done anything to help or to assist the residents of the community in any form or fashion. You would see that a lot of personal self interest has been expressed and we are talking about the entire community, so we support this wholeheartedly. Mayor Suarez: Thank you, Don. In the... Commissioner Plummer: Ben, just for the record. Ben, there is nothing wrong withpersonal interest. I'm talking to you... when a man has his whole life savings involved in a situation, there is nothing wrong with that. The problem that exists, let's put the cards on top of the table. There is no good location. OK? We all wish the problem would go away, but it's not. And as such, when I went with these people, we searched this entire community from the top to bottom and there was no one place that was not out going to be a problem if that was the chosen location. The reason that I agreed with these people on this location, as you know, I was adamant about the other. I agreed because to the best of my knowledge on the east side, there is a fire station and a cemetery. On the west side was Dixie Freezers, a huge, humongous place. On the south side basically, was the railroad tracks and really not a whole lot, and the only area of concern that I had was to the north. To the north meant from 19th Street to 20th Street, I guess I can say, with the hope and desire that someday they could buy that property to expand. Now, in return, what did we get? Number one, I have an absolute promise from them, there will be no satellite serving centers, number one. Number two, they have assured me that that place will be fenced in and run as the Rescue Mission had been run and I have been there now on three occasions and I have to tell you, if there can be a first class facility of this sort, Frank Jacobs, I take my hat off to, who in fact, runs a first class, good operation. Next to that is the Salvation Army, and they run a good organization. I want to tell you that if they don't run this Camillus House in the same fashion, shame on them, and I'm going to be around to tell them so for at least another year and a half, and I hope more. Mr. Benjamin: I share your views, Commissioner and we had supported, we had said exactly the same thing. I didn't think I had mentioned it to you, but we felt the same. Mayor Suarez: Don, and you participated in the other hearings but as to people who now are in the vicinity, the key is that they are not going to operate soup lines. They are not going to feed sixteen people for every one who resides there, which is what they've been doing. They have beds for about fifty, downtown and they are feeding as many as eight hundred people a day. That's sixteen for every one that resides there, even on a temporary basis. They are not going to do that. They are going to have a regular in-house, residential facility where you of course, get fed too, in addition. And it's a whole different way of functioning and that's the key as to what we are trying to accomplish. We don't want to impose a problem like we have had in a particular area of downtown or Overtown into another community, that's not the idea. All right, thanks to everyone, Commissioner Alonso. Commissioner Alonso: One last question. Funding source. It's blank. Mr. Odio: Yes. We have the community development funds. Commissioner Plummer: For the Commissioner's edification. Please spell out how that's going to be paid. It is not a lump sum. Mr. Odio: It is $500,000 on closing, and then a year later, it's $500,000 and then the next $500,000. And then the other... Commissioner Plummer: No, no. The last five hundred comes in when they have completed the building. Mr. Odio: Yes, yes. And then the other five hundred thousand, it's a hundred thousand a year. Commissioner Plummer: Less the possible deduction. Mr. Odio: Less the deductions that were mentioned. 97 June 7, 1990 C 11; Vice Mayor Dawkins: What is the time limit oVe have placad on a_ complete move? Commissioner Plummer: Thirty-six months? Is it thirty-six or twenty-four? Mr. Odio: Twenty-four. Vice Mayor Dawkins: Make up... all right, put it in the record. Commissioner Plummer: It's in the record. Vice Mayor Dawkins: For the record, what is the time limit on the move? Ms. Kearson: It's twenty-four months or until they receive a certificate of occupancy, whichever first occurs. Vice Mayor Dawkins: OK. Now, let me say it differently... Ms. Kearson: From the date of closing on the acquisition. Vice Mayor Dawkins: ... so we will understand what we are saying. Twenty four months or before. Commissioner Plummer: Correct. Vice Mayor Dawkins: Not if, if... not no if now. If they would... because they could be waiting for something another eight months or ten months or twelve months. Twenty-four months total or before. Ms. Kearson: Twenty four months from the date of closing, or before. Mayor Suarez: Right. You might want to put that wording in. Commissioner Alonso: So, community development... and the money is available? OK. Commissioner Plummer: Well, excuse me. For the record, of the five hundred thousand paid out through social services on a yearly basis, that money is not in the bank until we receive it in the annual allocation. Commissioner Alonso: Hopefully, because that will be... and we agreed that it is going to be a hundred thousand a year and if a reduction, they were willing to take the reduction according to the amount of money that we receive. OK. Mayor Suarez: OK. We have a motion and a second. Any further discussion from the Commission? If not, please call the roll. a 98 June. 7, 1990 0 0 The following resolution was introdl_:ced by Virp ttayor Dawkins, who moved its adoption: RESOLUTION NO. 90-436 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF THE PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE. BROTHERS OF THE GOOD SHEPHERD, INC., FOR THE ACQUISITION OF THE PROPERTY GENERALLY LOCATED AT 700-728 AND 732-740 NORTHEAST FIRST AVENUE, MIAMI, FLORIDA MORE SPECIFICALLY DESCRIBED AS (A) THE FEE SIMPLE INTEREST IN LOTS 1, 2, 3, LESS THE NORTH 10 FEET OF LOTS 1-3 AND THE EAST 10 FEET OF LOT 1 FOR RIGHT-OF-WAY OF BLOCK 43N A.L. KNOWLTON PLAT OF MIAMI, AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF DATE COUNTY, FLORIDA, AND (B) THE LEASEHOLD INTEREST IN LOTS 19 AND 20, BLOCK 43N, A.L. KNOWLTON PLAT OF MIAMI AS RECORDED IN PLAT BOOK B. AT PAGE 41, OF THE PUBLIC RECORDS OF DATE COUNTY, FLORIDA, RESPECTIVELY, SUCH OFFER NOT TO EXCEED THE PURCHASE PRICE OF $1.2 MILLION FOR THE FEE SIMPLE INTEREST AND $300,000 FOR THE LEASEHOLD INTEREST; FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PROPERTY AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE, WITH FUNDS FOR THE ACQUISITION OF THE SUBJECT PROPERTY BEING ALLOCATED FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SOCIAL SERVICES GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BROTHERS OF THE GOOD SHEPHERD, INC., FOR AN AMOUNT NOT TO EXCEED $500,000 WITH FUNDS THEREFOR BEING ALLOCATED FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE BROTHERS OF THE GOOD SHEPHERD INC., FOR THE USE OF THE SUBJECT PROPERTY FOR A PERIOD NOT TO EXCEED TWENTY FOUR ( 24 ) MONTHS FRO14 THE CLOSING DATE OF THE PROPERTY BEING ACQUIRED; OR UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE BUILDING IN WHICH THE BROTHER OF THE GOOD SHEPHERD, INC. IS RELOCATING, WHICHEVER IS EARLIER. (Here follows body of resolution, omitted here and on f ile in the Off ice 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 AFTER ROLL CALL: Mayor Suarez: The Manager be advised that Commissioner Alonso's concern and _ the rest of Commissioners about the fee simple property moving on that very, very quickly, as soon as this one looks like it's going. Hate to acquire the leasehold interest and still be stuck with the fee simple, so we can't sell the property outright. a i 99 June 7, 1990 j 25. ACCEPT PROPOSAL OF SOUTHEAST BANK, NA - FOR PROVISION OF BANKING SERVICES FOR THREE YEAR PERIOD. --------------------------------------------------------------------------- Commissioner Plummer. Move item 14. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion on fourteen? If not, please ... I'm sorry. I have to abstain. Vice Mayor Dawkins: OK. Well, I have to take back the second. Anybody seconds? Commissioner Alonso: Second. Vice Mayor Dawkins: It's been moved and seconded. Any discussion? Commissioner De Yurre: We're just talking about, what is it? Southeast Bank? Commissioner Plummer: Yes. Commissioner De Yurre: OK. I got no problem there. Vice Mayor Dawkins: Any more discussion? Commissioner Plummer: Call the roll. Vice Mayor Dawkins: Hearing none, call the roll, Mr. Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-437 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PROPOSAL OF SOUTHEAST BANK. N.A. FOR THE PROVISION OF BANKING SERVICES FOR A THREE YEAR PERIOD, WITH COMPENSATION FOR SAID SERVICES TO BE PAID BY THE CITY THROUGH ITS MAINTAINING UNINVESTED MONIES ON DEPOSIT DURING THE AGREEMENT TERM IN AMOUNTS DERIVED FROM THE ACTUAL VOLUME OF SERVICES PERFORMED AND THE INTEREST RATE OF NEWLY ISSUED TREASURY BILLS; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID BANK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SUBMITTED PROPOSAL. (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 NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez ABSENT: None. 100 June 7, 1990 26. (A) AUTHORIZE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR ENGAGEMENT OF THE CITY TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES IN CONNECTION WITH THE OPERATION OF THE PORT OF MIAMI. —_ (B) DIRECT THAT METROPOLITAN DADE COUNTY BE INFORMED THAT IF THEY DO NOT APPROVE THE PROPOSED AGREEMENT FOR FIRE SERVICES TO THE PORT OF MIAMI THEN IT CAN THINK IN TERMS OF BUILDING ITS OWN FACILITY. ---------------------------------- ------------------------------------------------- Vice Mayor Dawkins: Commissioner Plummer's welfare, fifteen. Commissioner Plummer: Fifteen. Two and a half million dollars kind of welfare I love, I'll be glad to move it and I once again, salute the fire department. Mayor Suarez: So moved. Thank you. Mr. Vice Mayor, seconded. Any discussion on fifteen? If not, please call the roll._ The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-438 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DATE COUNTY FOR ENGAGEMENT OF THE CITY OF MIAMI TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES IN CONNECTION WITH THE OPERATION OF THE PORT OF MIAMI, FOR A PERIOD OF FIVE YEARS, FOR A TOTAL PAYMENT OF $2,500,000 TO THE CITY OF MIAMI, WITH ADDITIONAL CHARGES TO BE PAID BY METROPOLITAN DADE COUNTY FOR MAJOR EMERGENCIES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT; FURTHER PROVIDING THAT THE HEREIN AGREEMENT SHALL SUPERSEDE PRIOR INTERIM AGREEMENTS BETWEEN THE PARTIES, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EFFECTUATE CANCELLATION, IF NECESSARY, OF THE HEREIN AGREEMENT; REQUIRING CITY COMMISSION APPROVAL FOR ANY AMENDMENTS TO SAID AGREEMENT. (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 Yurr.e Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Jorge Fernandez: Mr. Mayor, point of information. Mayor Suarez: Let me do yes, like I heard here my form ].eft and say that, yes, but... We'll be coming back for taxation of that Port somehow. They're going to leave some money here that three million people are leaving that Port of Miami. For our infrastructure and our needs. Mr. Fernandez: Ncw, it goes to the Dade County Commission. They still have to approve it. Mayor Suarez: Very good. Vice Mayor Dawkins: If they don't. approve it.. 101 June 7, 1990 Commissioner Alonso: Mine, was a very painful, yes. Vice Mayor Dawkins: If they do not approve... where is J.L.. Plummer? Commissioner Plummer: Right here. What do you want... what are you picking on me for now? Vice Mayor. Dawkins: If the Dade County Commission does not approve this agreement, you know, we shouldn't participate. Commissioner Plummer: Well, I think this is negotiated out to where they have already tentatively agreed. Mayor Suarez: Yes. It's just a matter of just formalizing both Commissions now. Commissioner Plummer: They were part of the negotiations now. Mayor Suarez: Somebody has to vote first. Doesn't matter who. Commissioner Plummer: If they don't want... it's the same story as before. If they don't want it, tell. them start building. Mayor Suarez: OK. Vice Mayor Dawkins: That's what I wanted to hear. Commissioner Plummer: I don't have no problem with that. Mayor Suarez: Yes, it's pretty clear that it's this or nothing. Commissioner Plummer: Tell them the other space will use for the heliport. Mayor Suarez: Call the roll on that motion. Commissioner Alonso: Tell the taxpayers that they are going to build. Vice Mayor Dawkins: Call the roll, sir. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-438.1 A MOTION INSTRUCTING THE ADMINISTRATION TO INFORM METROPOLITAN DADE COUNTY THAT IF THEY DO NOT APPROVE THE PRESENT AGREEMENT FOR THE CITY TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES IN CONNECTION WITH THE OPERATION OF THE PORT OF MIAMI , AS OUTLINED IN R 90- 438 THEN IT CAN PROCEED TO BUILD TTS OWN FACILITY. Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yu.:re Commissioner J. L. Plummer, .Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 102 June 7, 1990 27. INCREASE MAXIMUM COMPENSATION SET BY RESOLUTIONS 86-401 ABD 88-991 TO ATTORNEYS JOSEPH Z. FLEMING, PARKER THOMSON, AND GARY HELD - FOR LEGAL SERVICES RENDERED AS SPECIAL COUNSEL IN DEFENDING THE CITY AND INDIVIDUAL CITY COMMISSIONERS IN CONNECTION WITH ZONING/COMPREHENSIVE NEIGHBORHOOD PLAN RELATED LAWSUITS INVOLVING PROPERTY LOCATED AT 3471 MAIN HIGHWAY. Mayor Suarez: Item 16. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Plummer: I don't like it but move it. Vice Mayor Dawkins: Second, Mayor Suarez: Second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-439 A RESOLUTION, INCREASING THE MAXIMUM COMPENSATION SET BY RESOLUTION NOS. 86-401 AND 88-991 BY AN ADDITIONAL $50,000.00 TO ATTORNEYS JOSEPH Z. FLEMING, PARKER THOMSON, AND GARY HELD, AT AN HOURLY RATE OF $50.00, AS COMPENSATION FOR LEGAL SERVICES RENDERED AS SPECIAL COUNSEL IN DEFENDING THE CITY OF MIAMI AND INDIVIDUAL CITY COMMISSIONERS THROUGH TRIAL STAGE, APPELLATE PROCEEDINGS AND ADMINISTRATIVE HEARINGS IN CONNECTION WITH ZONING/COMPREHENSIVE NEIGHBORHOOD PLAN RELATED LAWSUITS INVOLVING PROPERTY LOCATED AT 3471 MAIN HIGHWAY; SAID "FUNDS TO BE PAID FROM THE CITY'S SELF- INSURANCE TRUST 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. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I really felt that we could delay and wait for the completion of perhaps an agreement rather than increasing attorney's fees. That's my personal feeling on this issue. Commissioner Plummer: Well, I don't disagree with you, but when you can get: attorneys on retainers for $50.00 an hour today, let me tell you something, it's not to exceed this amount, is that correct? Mr. Fernandez: Correct. Commissioner Plummer: So, you don't have to use it in fact, if an agreement is reached. 103 June 7, 1990 'p Mr. Fernandez: And there are three... exactly. That's the whole point. And we are litigating them four different fronts, which means that there is very extensi.ve... -_ Commissioner Plummer: And. these are the ones that have been with it since day one? Mr. Fernandez: Since day... very successfully so, bringing success after success. Commissioner Alonso: And you feel that perhaps, we are very close to an agreement so perhaps this money will not be used. Mr. Fernandez: Yes. I have communicated with each of your offices and we are working very hard at trying to reach a settlement agreement on this case. If... they bill on a monthly basis, as soon as we reach an agreement, we stop billing and we only pay for that, for the work they have done. Commissioner De Yurre: Let me ask you this, how many more man-hours are we talking about? Commissioner Plummer: Around $50.00 an hour. Commissioner De Yurre: Are you talking about a thousand hours? Commissioner Plummer: Yes. They have already put in already over two thousand. Mr. Fernandez: No. This is... part of this amount is for work that in fact, has already been done that we have not come to you on a timely basis to ask for. We owe them approximately ten or twelve thousand dollars from the last appropriations that we got from you. Commissioner De Yurre: What if we said, no? Then what happens to that ten or twelve thousand dollars? Mr. Fernandez: You will never say no to your City Attorney in this type of a request. Commissioner De Yurre: Well, but then what's the use of having us here you know, if people are going to do things on their own and then come for just for a ratification kind of a thing? Mr. Fernandez: We have had a rush in litigation in the last three months, where we, perhaps in the last six months to bring us to a position of settlement where we are in a position now to talk about settlement. Commissioner De Yurre: And shouldn't this have come before us than two months ago? Mr. Fernandez: It should have. Commissioner De Yurre: But it didn't? a Mr. Fernandez: It didn't. And I can only apologize for that. 9 i Commissioner De Yurre: That's a start. Mr. Fernandez: All right. Commissioner De Yurre: OK. i A 104 June 7, 1990 28. DISCUSS AND TEMPORARILY DEFER PROPOSED RESOLUTION ESTABLISHING A DRUG EDUCATION PROGRAM (See label 29). 26.1 COMMISSIONER PLUMMER COMMENDS ADMINISTRATION OF THE OMNI HOTEL FOR THE PROFESSIONAL SERVICES THEY RENDER EVERY TIME THE CITY HOLDS AN =_ EVENT THERE. ------------------------------------------------------------------------------------ Mayor Suarez: Item 19. Commissioner Plummer: Move it. Mayor Suarez: Drug Education Program, moved. Vice Mayor Dawkins: What is it, nineteen? Mayor Suarez: Yes. Law Enforcement Trust Fund. This one, I... Commissioner Plummer: Mr. Mayor, while he is looking for that, may I take a moment of pleasure? Mayor Suarez: Please. Commissioner Plummer: I would like to commend Gary from the Omni hotel. I want to tell you something that, a couple of events that I have worked at that hotel with this man's help has gone a long way to make the City of Miami look good. Skippy Shepherd is an el cheapo sitting next to him but Gary, let me tell you. Stand up Gary. If anybody you ever need the help to put on a good City affair, make sure you invite him to the party, and I guarantee you that he would make this City look good at all times and I thank you on behalf of this City for what you have done to help it. Commissioner Alonso: Great. Mayor Suarez: Very good. OK. You want to table that for a few minutes and then we'll go on to something else. Vice Mayor Dawkins: No, because I'm going through all of them. Mayor Suarez: All right, go to the one that has nothing to do with it. ------------------------------------------------------------------------------ 29. (Continued Discussion) DEFER PROPOSED RESOLUTION TO ESTABLISH A DRUG EDUCATION PROGRAM (See label 28). ------------------------------------------------------------------------------- Vice Mayor Dawkins: All right, nineteen. Mayor Suarez: If not, we'll go to one that has nothing to do with the Law Enforcement Trust Fund, because we've got a few. Commissioner Plummer: You want me to withdraw my motion? Vice Mayor Dawkins: No. Did you get a second? Mayor Suarez: Somebody please second nineteen. Commissioner Alonso: Yes, I second. Mayor Suarez: Thank you. Vice Mayor Dawkins: All right. Mayor Suarez: Any further discussion on 19? if not... Vice Mayor Dawkins: Nineteen, under discussion. Mayor Suarez: Vice Mayor Dawkins. IU5 June 7, 1990 Vice Mayor Dawkins: Who's to receive this mrrney? Lt. Joseph Longueira: Sir, the United Way. Vice Mayor Dawkins: All right, does the United Way match these funds? Lt. Longueira: Do they match them? -no. Vice Mayor Dawkins: In plain English, does the United Way put the same amount of money into this program that we are putting in? Lt. Longueira: In cash, no. Vice Mayor Dawkins: All right, what other preventive programs is being run by the United Way? Lt. Longueira: Sir, I don't have that answer. Vice Mayor Dawkins: So, how do you know that we're not giving the United Way money to duplicate what they're doing? Lt. Longueira: I don't believe we are, sir. What we are going to do is this is going to be a professionally produced video targeted for kindergarten through 7th grade children throughout the City of Miami. All public schools. Vice Mayor Dawkins: Who... Commissioner Plummer: Oh, oh, have you seen this video? Lt. Longueira: No, sir, that's... Commissioner Plummer: Commissioner, if you saw this video... Vice Mayor Dawkins: Well, why do I have so spend $55,000 if the video is already produced? Commissioner Plummer: No, no, no, they are in the process of producing the video. Vice Mayor Dawkins: All right, who's doing it? a Commissioner Plummer: I only know one person that is involved and that... Vice Mayor Dawkins: What firm? �f Commissioner Plummer: Who does Terry Stone work for now? She's involved with = it. Lt. Longueira: Yes, it's somebody that does a lot of work for the United Way and by going through the United Way and doing this with them, but we're really getting a good deal on the price. It's one of these where they use role models. We expect to use high profile people... Commissioner Plummer: There's already some videos that are out. That have been out and this is to produce more. The ones that they have already produced, Commissioner, have you seen the "Sixty two Drugs"? -is that what it's called? OK, those videos are already out. This is to produce more videos that will be aimed at the early kids in the grade school, I think the first two or three years. Lt. Longueira: No, it's kindergarten through 7th grade. Commissioner Plummer: OK. Lt. Longueira: All in the City of Miami. Vice Mayor Dawkins: How much money is the school board adding to our $55,000? Corrur,issi.oner Plummer: That, I don't know. ;. Lt. Longueira: Sir, this is our crime prevention program, sir. 106 .iune 7, 1990 Vice Mayor Dawkins: Well, if it is ours, why aren't we doing it? Why are you -� tying in - you see, why are you tying in with United Way if you've got your - own program and why haven't. you sat down with the school board and say, I'm going to do this and go in an do it? If this is our program. Lt. Longueira: We're working with the United Way because they have the r expertise in developing this type of video. — Vice Mayor Dawkins: And for $55,000, you cannot obtain the expertise? Commissioner Plummer: Well. - Lt. Longueira: No, sir. Supposedly going through United Way, if we went out on our own, it would probably cost us over $100,000. Vice Mayor Dawkins: I'll tell you what. Defer this for 30 days and I'll come up with two people who will work for you for $55,000 and do just what. you want the United Way to do. Since you say it cannot be done. Then, if it can't be done, I'll come back and beg your pardon and say, go ahead. Commissioner De Yurre: Well, let me ask this. What is the fifty-five supposed to go for? Lt. Longueira: This is for the acting, the filming of the video. Commissioner De Yurre: Who's going to be presenting it? Who pays for the cost of the presentation? -of going to the schools and doing it? Lt. Longueira: That will be done by us. Mayor Suarez: We'll make the presentation. Commissioner De Yurre: OK, then, where does the United Way come in7 Lt. Longueira: It's just in arranging for - they have the expertise in this area more than we do. They have done more things like this, they have a firm on board. Commissioner De Yurre: Well, but like what, you know, because we're talking about like this and I'm not too sure. The backup information here doesn't explain a whole hell of a lot. Lt. Longueira: Well, Commissioner, I can answer those questions. Do you want me to come back in 30 days, I'll get you those answers. Commissioner De Yurre: Well, you know, don't you think we deserve to have some concept of what the hell we're voting for? Lt. Longueira: Well, I think you have a concept... Commissioner De Yurre: Well, but the concept... Lt. Longueira: ...your specific answers, I don't have, no. Commissioner De Yurre: Well, the concept that I have is, drug program prevention, $55,000. That's the only concept I have in front of me. Lt. Longueira: No, I've told you, it's a video targeted, kindergarten through 7th grade using high profile - some of them may even be politicians from this area. Vice Mayor Dawkins: All right, show me long range goals, short range goals and objectives and some measurable benchmarks to show me how I can determine that the $55,000 was used and that I got production for it. What are your benchmarks to ensure that the $55,000 accomplished what we wanted done? What benchmarks are we going to use? Lt. Longueira: OK. Vice Mayor Dawkins: Sir? 107 June 7, 1990 Lt. Longueira: I'll get them for you. Vice Mayor Dawkins: No. Lt. Longueira: I'll bring them back. That's fine. Vice Mayor. Dawkins: We're going to continue this until the next meeting, Mr. Mayor. Mayor Suarez: All right, so moved and seconded. Madam City Clerk, we have a motion and a second on... - Ms. Hirai: I need a second, Mr. Mayor. Mayor Suarez: Deferral. I'll second. Victor, do you want to call the roll? Vice Mayor Dawkins: Victor seconded already, Mr. Mayor. Mayor Suarez: All right. Moved and seconded. Vice Mayor and Commissioner De Yurre. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90•-440 A MOTION TO DEFER CONSIDERATION OF A PROPOSED RESOLUTION TO ESTABLISH A DRUG EDUCATION PROGRAM UNTIL THE NEXT MEETING PENDING FURTHER INFORMATION IN CONNECTION WITH A DRUG EDUCATION VIDEO PRESENTATION. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: �i AYES: Commissioner Victor De Yurre 7 Commissioner J. L. Plummer, Jr. - Vice Mayor Miller J. Dawkins - Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso ---------------------------•---------------•------------------------------------ 30. AUTHORIZE PURCHASE OF RADIO LINK EQUIPMENT - FOR POLICE DEPARTMENT. --------------------------------------------------------------------------------- Mayor Suarez: Item twenty. Vice Mayor Dawkins; Only one question... I move... Mayor Suarez: Radio link. Moved. Seconded by Commissioner De Yurre. Vice Mayor Dawkins: OK, did you say, sir, that Miami Beach is spending $17,000 also for their side of this hookup? Lt. Joseph Longueira: Yes, sir. Yes, sir. Mayor Suarez: What will this do then operationally and in simple laymen's terms? Lt. Longueira: It will enable us to communicate in emergency situations. Right now, we have two separate systems. This will allow us to work together on the same radio system. Mayor Suarez: And, do we have that radio link with any other departments in the area? -County? Lt. Longueira: l.o, sir. 108 June 7, 1990 Mp.yor Scare:,: Not exact l y. =- Lt. Longueira: Not on this type of system, no. Mayor Suarez: This is like a direct system, right? Lt. Longueira: No - yes. Mayor Suarez: Is somebody contemplating doing that with the County and Coral Gables? Lt. Longueira: With the other municipalities is where we really need it and, yes, that will be coming along as we get them all on line. Commissioner Plummer: What is this? -because I don't know. Is this inner City? Lt. Longueira: What it is, it's a microwave system that will allow us to tie in direct to Miami Beach in an emergency. Commissioner Plummer: Only Miami Beach? Lt. Longueira: Yes, at this point. Because they're buying their half of the system and we're buying a half the system. Commissioner Plummer: But, you've got inner City. Why do you have to do this? You got an inner City frequency that's been existing for years and it works fine. Lt. Longueira: I'm not sure the inner City, I believe... Commissioner Plummer: It covers Miami Beach. I can tell you for sure. We chased a car there yesterday on inner City. Let's defer it and bring back more information. Lt. Longueira: Defer it, I'll bring it back. Vice Mayor Dawkins: Also, Joe, tell me, Joe, how we can tie it in with Dade County. Commissioner Plummer: We're tied in now through inner City. Vice Mayor Dawkins: No. Let me see, Tuesday night I'm coming down 22n.d Avenue and I get to about 61st Street, a car with no lights off comes going west on 58th Street. I mean, without stopping. When I get there, I stop and I look east, here come a police car with their lights on. City of Miami police crossing 22nd Avenue. In front of me is two Dade County policemen just riding south on 22nd and when I get there I got to blow and .run behind them to get to 54th Street to tell them that a City of Miami policeman is chasing an individual headed towards 27th Avenue. Now, why couldn't this guy be on the radio and alert somebody? I don't know, J.L. Commissioner Plummer: Inner City, they can do it immediately as long as the dispatcher picks up on it. If it was for traffic only, they're not going to do it. Vice Mayor Dawkins: Well, in that neighborhood now, we don't chase people for traffic violations. Commissioner Plummer: I hope we don't. Vice Mayor Dawkins: OK, all right. Commissioner Plummer: We're basically on 19 and 20, Vice Mayor Dawkins: So what are you going to do with 21 now? Commissioner Plummer: I would say, let's defer it and find out. Vice Mayor Dawkins: Twenty... Mayor Suarez: Twenty, twenty. 109 June 7: 1990 Commissioner Plummer: Twenty. Vice Mayor Dawkins: Twenty. All right, 21. Mayor Suarez: Wait, we have to decide on twenty. Vice Mayor Dawkins: OK. Mayor Suarez: You want to defer that or are you convinced that subject to... Vice Mayor Dawkins: J.L. is the one who Mayor Suarez: J.L.? Commissioner Plummer, do you want to defer or do you leave it subject to the administration satisfying... Commissioner Plummer: What are you talking about? Vice Mayor Dawkins: Twenty. Mayor Suarez: The link, the radio link. We have a motion and a second on it and... Commissioner Plummer: Well, do me a favor there, just add a 72 hour objection clause to it. Mayor Suarez: Yes, if we have something that this is just going to be a duplication of, we wouldn't want to do it, so I'd kind of like to build that into the motion, Mr. Manager, that the responsibility should be with you to ascertain that and advise any of the Commissioners that are interested - really, all of us -we don't want to duplicate anything. OK? With a 72 hour proviso in it to object, but, basically, that's what we want to... the only thing we're concerned about is duplication. Commissioner Plummer: Well, Mr. Mayor, I can tell you right now, in what they call inner City radio... Mayor Suarez: I just have a feeling, Commissioner, that it's a different... Commissioner Plummer: They can communicate with, including the Florida Highway Patrol, including Broward County... Mayor Suarez: I have a feeling that it's not going to have the same automatic linkage that... Lt. Longueira: I don't think it's... yes, I believe what this going to do is put us on the same frequency. I believe inner City what happens is the dispatchers can communicate and get on, but this is going to now enable the officers to communicate. Mayor Suarez: With each other. Commissioner Plummer: More wrecked cars. Tell me I'm lying. Mayor Suarez: You want to leave it subject to the Manager reviewing and affirming his recommendation of today within 72 hours. Commissioner Plummer: Fine. Mayor Suarez: All right, so moved. And does the movant and his second accept that? Thank you, call the roll. 110 June 7, 1990 2 11 The following resnIiit.ion was introduced icy Comrnissi_�ner Day,*k.ins, who moved its adoption: RESOLUTION NO. 90-441 A RESOLUTION AUTHORIZING THE PURCHASE OF RADIO LINK EQUIPMENT, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $I7,000 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------- 31. AUTHORIZE FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL ($35,000). Vice Mayor Dawkins: Twenty-one, Joe. Lt. Joseph Longueira: Yes, sir. Vice Mayor Dawkins: The background says, the Police Department supports the efforts of the Miami -Dade Criminal Justice Council... Lt. Longueira: Yes, sir. Vice Mayor Dawkins: The funds requested will provide the equivalent of a full time professional planner position. Now, my question to the City Attorney is... Mr. Jorge Fernandez: Hold on. Yes, sir. Vice Mayor Dawkins: Can the law fund be used for an administrative slot like a planner? Mr. Fernandez: Yes, this item has received... Vice Mayor Dawkins: All right, that's fine, hey, that's good. Now, if we can % hire a planner, why don't we hire a planner in the City of Miami Police a Department with which to do this instead of hiring a planner and having him -;• house at the criminal justice system? Lt. Longueira: Sir, the efforts of the Criminal Justice Council are a lot different. They help us in Countywide liaison with other agencies. They're doing drug use forecasting of prisoners that we arrest, you know, what... Vice Mayor Dawkins: Hold it, hold it, before you go any further now. Listen to me, listen to me. These planners prepare grant applications... Lt. Longueira: Yes. Vice Mayor Dawkins: ...for the members department, along with conducting _ research studies and writing papers on topic of interest to the law enforcement community. 1 Lt. Longueira: Yes, sir. 111 June 7, 1990 AOL Vice Mayor Dawkins: Now, that's the duties. Lt. Longueira: Yes. We have planners in our budget that do that for the Police Department. The difference is, is that crime doesn't stop at the City limits. The Criminal Justice Council helps bridge the boundaries of the Cities and the County. And it takes on studies that impact us both. Vice Mayor Dawkins: Who else funds the planner for that? Lt. Longueira: Well, I believe a majority of the funding for the Criminal Justice Council comes from Metro -Dade. Commissioner Plummer: That's correct. Lt. Longueira: The City is funded money to Metro -Dade Criminal Justice Council for years. It has never, ever been a budgeted item. They've had to run around and find money to do it. This is not a new item. Vice Mayor Dawkins: And in your estimation, this is needed. Lt. Longueira: Yes, sir. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Lieutenant... Lt. Longueira: Yes, sir. Mayor Suarez: ...as long as we're on the Criminal Justice Council, and very briefly, for many, many years, they have insisted that this Commission be represented on the council for allocation of all of these funds, including substantial amounts of federal - I can see it coming already. Well, maybe there will be somebody that will volunteer from the Commission. I sit on the council and I'm not able to attend... Commissioner Plummer: Likewise. Mayor Suarez: They - yes, and they have told me that they will take a proxy, you know, many citizens that would love to... Lt. Longueira: No, I don't believe they will take a proxy when the actual vote is made. Mayor Suarez: Right. Can you get back to them and tell them to change the rules so that someone from the administration or an appointee or a lawyer or anyone that we think would make sense to have... right, and you probably go about as much as I do, Mr. Manager, right. Mr. Odio: Yes, I do, but...., Mayor Suarez: I haven't gone in a couple of years. I don't like to be on boards that I don't attend. There's many people that would like to serve. I even appointed a fellow one time. They said he could be a proxy, but he can't vote. Big deal. So change that rule so they can vote and the City can be represented by a voting member that can take... they allocate - one year, I think they allocated like *11,000,000, It used to be the LEAA, Law Enforcement whatever Administration... Lt, Longueira: Yes. Mayor Suarez: and, you know, we should be effectively represented. It doesn't do any good to be on a board and not be able to participate. In fact, it's worse than that. 'MEW I Lt, Longueira: What I'll do is I'll prepare a let.ter... Mayor Suarez: Commissioner Alonso is an expert or, being on boards. 112 June 7, 1990 Lt. Longueira: If you'll. agree, I'll prepare n letter for your signature and maybe we can spur that along. Mayor Suarez: All right. Commissioner Plummer: Yes, they need a lady on the board. _ Mayor Suarez: Yes, I think this would be magnificent and Janet Reno and some = of the other law enforcement officials in the community are very effective on it. Just, it's more directly concerned with that. All right, item 22. _ Vice Mayor Dawkins: Twenty-two. Ms. Hirai: You haven't called the roil on that, Mr. Mayor. Mayor Saurez: I'm sorry, call the roll on 21. The following resolution was introduced by Commissioner. Dawkins, who moved its adoption: RESOLUTION NO. 90-442 A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. -------------------------------------------------------------------------------- 32. (A) DISCUSS AND DEFER PROPOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF A CAREER CRIMINAL PROGRAM. (B) COMMISSIONER PLUMMER RECOMMENDS THAT CITY MANAGER REVIEW ATLANTA'S RED DOG SQUAD PROGRAM AND SUGGESTS CREATION OF A SIMILAR PROJECT IN THE CITY. --------------------------------------------------------------------------- Mayor Suarez: Twenty-two. Vice Mayor Dawkins: What are the goals and objectives for the career criminal program and what benchmarks do you have to show me what they have accomplished and how we are really getting a bang for the buck. Lt. Joseph Longueira: OK, sir... Mayor Suarez: What measurable performance standards are there, I... Lt. Longueira. First of all, under State law, we're mandated to have a criminal program, OK? We have - what this program will do is there will be anywhere from two to - I'm sorry - one sergeant to nine police officers. Some administrative, some are actual tactical people, that target what we call career criminals. Right now, our data base has 200 identified career criminals and what they do is every day they will review our reports to target these career criminals and there we'll take the tactical officers, who will 113 June 7, 1990 actually go out and s!trvei.l thAce people and try ind (.,itch th-m 3n the art Of committing the crimes. This helps build up the rases to take to court to get. --- better sentencing at the criminal justice level. Mayor Suarez: Do you have any for whether it's being effective? Any statistical result analysis at all? Lt. Longueira: I don't have it here, sir, no. Vice Mayor Dawkins: You say 200 and of the 200, how many... Mayor Suarez: Are apprehended... Vice Mayor Dawkins: ...and then those - of that 200, how many can you point to and say that here's 20 that we have identified that have never been in any criminal crimes again? You see, you got programs here, you've got money, see? And here, Joe, it says the funding requested will be utilized to obtain rental vehicles for surveillance. Lt. Longueira: Yes... Vice Mayor Dawkins: How much money, Mr. Manager, do we rent cars with a year? Lt. Longueira: I believe our rental contract right now is around $400,000. Commissioner Plummer: For cars? Lt. Longueira: Rental cars. Vice Mayor Dawkins: So we rent $500,000 worth of cars a year in the Police Department and then you want me to take $35,000 and rent more surveillance vehicles. Why? Why can't we use those? Commissioner Plummer: Or the ones we confiscate? Vice Mayor Dawkins: Yes. But just like J.L. say, we got money, spend it. We don't care. Mayor Suarez: It might be a good idea for the next report on this, assuming that it's a recurring expense... Lt. Longueira: I don't... Mr. Odio: You cannot have... Mayor Suarez: ...which I gather, you're going to want the career criminal program next year again from Law Enforcement Trust Fund, to have a report as to how effective you think its been, Joe. Lt. Longueira: Right, I believe at this point, Mr. Mayor, we're doing this on a shoe string kind of thing and it's not that effective. What we're trying to do is make this an official program in the department. I don't believe that we have a funded career criminal program. Commissioner Plummer: You got one policeman only, Perdomo, who knows them all. Vice Mayor Dawkins: But, you see, this... Commissioner Plummer: And for your edification, Mr. Mayor, this is a man that got hurt on the job, has a game leg, and refused to retire and that man, honest go God, is a walking computer of criminals in this area. Mayor Suarez: And he's even walking reasonably well too. I don't know if somebody substituted for whatever his bum leg or something. I don't know. Commissioner Plummer: He doesn't need it, he's got a card system Mayor Suarez: Must have had a good orthopedic - gcod carpenter that fixed him up. Commissioner Plummer: And it works better than a computer. 114 June 7, 1990 Vice Mayor Dawkins: But, y0U SP_e, we go around, there's Barbara G)?Ci8 Why r1inS in here begging for money to help her keep... Commissioner Plummer: Well, you see this afternoon's agenda? Vice Mayor Dawkins: ...keep away, help us keep away the gang members. Help her do things. We don't do nothing with her. Here's a guy right here fighting drugs by himself who works 32 hours a week to support himself and donates the rest of the time to fighting crime and drugs. We don't do nothing to help him, but yet you come in here with all of these things and here are people in the community who are running around begging us to assist them to do what you guys are saying, hey, we ought to be doing. But nobody goes out and says, let's marry this program. You just come up here and tell me you want $35,000 to cover a criminal career program and here's a guy here says that he includes the second grade teaching and they're teaching kids to stay out of trouble. That's career - I mean, but these people don't get nothing, but yet you guys come up here and tell me that I need to take this ;Honey and do these thing with. Commissioner Plummer: Defer it. Vice Mayor Dawkins: Yes, defer it and get with this guy. Commissioner Plummer: OK. Mayor Suarez: That's as to 22, we have a motion to defer. Commissioner Plummer: Second. Mayor Suarez: That was 22, right? Vice Mayor Dawkins: Yes. Mayor Suarez: OK. Call the roll on the deferral. You're talking about should get together with them? Vice Mayor Dawkins: Um hm. Mayor Suarez: That's a magnificent program on Saturdays over there. I don't know if it could be... ON MOTION DULY MADE BY COMMISSIONER DAWKINS 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. Mayor Suarez: I don't know if it can be brought somehow within the Law Enforcement Trust Fund criteria, but if it can be... Lt. Longueira: Which? I'll be glad to look at that and see if it will meet the criteria. Mayor Suarez: ...at Drew Elementary, it's... Vice Mayor Dawkins: Everything else meets the criteria... see, that's my problem. I've been sitting up here asking you w;at is the criteria? And you have yet to turn anything down that comes up. Mayor Suarez: Yes, it seems pretty broad and here's a program that's magnif icent .. . Vice Mayor Dawkins: Don't come up here now and tell me it can't be done. 115 June 7, 1990 r:- Mayor. Suarea: And that one is really working on a shoe string. Fvery couple of weeks, Commissioner Dawkins hits us up for money for it, for the lunches and it's not a large amount of money. How much do they need? Vice Mayor Dawkins: Yes, sure, yes, you know. And we're both sticking with it. Commissioner Plummer: Mr. Mayor, let me interject something here. I might as well do it now instead of later and do it very quickly. Commissioner Dawkins and Herb Bailey were in Atlanta and they saw a program working in Atlanta that I have asked for and received a great deal of material on. It is the addressing of street level drugs. The City of Atlanta have formed what they call a Red Dog Squad. I don't know where the name comes from but I'm going to furnish to each one of you copies of the results of what this unit has done in the City of Atlanta. And I've already told the Manager and I'm going to tell my colleagues, that after you read this material, I hope you will agree with me and I told the Manager that if he wants my vote at budget time, he's going to have to find the money to create this kind of results from this kind of a squad in the City of Miami. I have sent the material to Perry Anderson and to John Brooks, who are very much aware. They're looking it over and are going to get together with me, but they have come up with absolutely fantastic results. You will see it in the material which I send to you and I've told the Manager that's my vote at budget time. Mayor Suarez: OK. We're very interested in reading about that item. ------------------------------------------------------------------------------- 33. AUTHORIZE FUNDING FOR A CITY OF MIAMI POLICE EXPLORERS PROGRAM. ---------------------------------------------------------------------------------- Mayor Suarez: Item twenty-three. This is the Explorers. I guess everybody... Vice Mayor Dawkins: What's the difference between. the Explorer Program and that one we had this morning, that drum and bugle corps? What's the difference? Commissioner Plummer: Well, this is actually a part of the Police Department. They do work. For example, they work festivals and traffic. They are an integral part inside with the Police Department. Well, yes, junior PSAs. Vice Mayor Dawkins: OK, move it. Mayor Suarez: They're like apprentice PSAs. They do a very good job. So moved and seconded. Any discussion? If not, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION N0, 90-443 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF FUNDING FOR A CITY OF MIAMI POLICE EXPLORERS PROGRAM AND ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $36,822, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: 116 June 7, 1990 F_ L.:. Ll 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: One question. This is a new program, right? Commissioner Plummer: No, no, no. Lt. Longueira: No, we... Commissioner Alonso: This one? Commissioner Plummer: No, no, no. Lt. Longueira: No, we have had Explorers for a number of years. Commissioner Plummer: For years. Yes. It's like a Boy Scout group. Commissioner Alonso: Yes, but the twenty... this is not new? Commissioner Plummer: No. Mayor Suarez: Are you using this as I expect you are, as a kind of recruitment, recruiting tool for the Police Department? Lt. Longueira: Yes, we have officers on today that have come out our Explorer Program, into the PSA, into the police. Mayor Suarez: Why don't you give us some statistics on that again to respond to Vice Mayor's concern that we get actual data to show the effectiveness on the recruiting side, Lieutenant, because I'm pretty sure that these kids, just from looking at them, at lot of them want to go into law enforcement and police work. Item 24. Ms. Hirai: Excuse me, continuing roll call. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: Let me tell you on 23, Joe, I would like a breakdown of how that money is being used. Lt. Longueira: I have that right here, sir. Commissioner Plummer: OK, well you can furnish it to me later. -------------------------------------------------------------------------------- 34. CREATE A COMMITTEE TO STUDY AND RESEARCH CRIME PREVENTION PROGRAMS _ PRESENTLY FUNDED WITH MONIES FROM THE LAW ENFORCEMENT TRUST FUND - APPOINT VICE MAYOR DAWKINS TO HEAD THIS COMMITTEE. ---------------•----------------------------------------------------------------- Mayor Suarez: Item 24. Commissioner Plummer: Twenty-four, Mr. Mayor, let me state for the record. Joe, last night a meeting was held in the Roads section on crime prevention. _ They had invited members of the Miami Police Department to that meeting and I _ am informed that no one from the Miami Police Department showed up last night. I don't know why, but I think you need to look into it and find out what is the reason and notify those people with an apology and let them know why no _ one was there after a request. was made. This is the in house program Citywide? 117 June 7, 1990 - i Lt.. Joseph Longueira: This is ictiielly the proRrim that Bands a lct of t%he smaller programs. Commissioner Plummer: In-house. Vice Mayor Dawkins: Name them for me. Name the programs that make up our crime prevention program that you plan to give money to. Lt. Longueira: OK, Commissioner, the Youth Crime Watch that was approved this morning is funded out of this $210,000, the Criminal Justice Council, which you deferred - I believe you parsed that but you wanted a letter about changing the vote - comes out of this. Vice Mayor Dawkins: OK, so that's $40,000. Go ahead. Lt. Longueira: The Citizens Crime Watch is a program that's funded out of here. Vice Mayor Dawkins: How much? Lt. Longueira: Fifteen thousand. Vice Mayor Dawkins: So that's $45,000 out of $210,000, go ahead. Lt. Longueira: There are some other smaller programs like Tacolcy that we're looking to giving some funding to, East Little Havana. I don't have the exact dollar figures. It doesn't add up to the two -ten. Vice Mayor Dawkins: Take this, 24, bring it back, itemize everybody you plan to give some money to and how much and let me know what I'm doing. I, for one, do not intend to rubber stamp $210,000 and hand to you and let you figure out what you're going to do with it. Lt. Longueira: Commissioner, we would have to bring back the programs to you anyway. What is prevents us from having to do is bringing you two items every time. Vice Mayor Dawkins: Well, now, hey, listen. For my vote... Lt. Longueira: Yes, sir. Vice Mayor Dawkins: ...no, let me say this. I am not going to vote for this now. Is there a motion on this? Commissioner Plummer: Is that you're not voting for it at all or until you get the information? Vice Mayor Dawkins: Not at all. Commissioner Plummer: OK, then I will move it with a 72 hour objection provision, any Commissioner objecting within 72 hours, it goes back onto the next agenda. I will move it under those provisions. Mr. Fernandez: Objecting to whom? To the administration. Commissioner Plummer: What? Mr. Fernandez: The objection being raised to the City Manager. Commissioner Plummer: You did not hear what I said, did you? I said that 72 hours that any Commissioner that objected, it would be put back on the next agenda. Vice Mayor Dawkins: Well, it will go on there because I'm going to object automatically. Commissioner Plummer: Well, then... Vice Mayor Dawkins: So, you're just wasting your time. Commissioner Plununer: ...don't spin my wheels. 118 June 7, 1990 U 11 Commissi_cner DP Yurre: Def.,r it., move to defer it. Vice Mayor Dawkins: All right, OK. No problem. OK. Move... Commissioner De Yurre: Move to defer. Vice Mayor Dawkins: See, and Mr. City Attorney... Commissioner Plummer.: Well, wait a minute, why defer it if he's going to object- regardless? What have we accomplished? He's going to object the next time. I mean, do you think taking him to lunch or lobby.... Vice Mayor Dawkins: All right, let me ask... Mr. City... Commissioner Alonso: Well, he has a good point. We should know the neighborhoods and the amount of money and how it's divided. Vice Mayor Dawkins: Now, if he bring me the $210,000 and spell out what he's doing, I don't have a problem with it, J.L. Commissioner Plummer: That's what I asked, if that's what you... Commissioner Alonso: That's what he needed. Vice Mayor Dawkins: But he say he's not going to do that. Commissioner Plummer: What do you mean, he's not going to do that? Lt. Longueira: No, I didn't say I wasn't going to. Commissioner Plummer: The hell he's not going to do that. Lt. Longueira: I will give you everything that I can... Commissioner Plummer: He'll be pounding a beat in Sweetwater. Vice Mayor Dawkins: Beg your pardon? Hold it, hold it. Mayor Suarez: You know, I leave for a second and you guys are all fighting. What is this? Vice Mayor Dawkins: Say what now? You said what? Lt. Longueira: Commissioner, I said I didn't have all the numbers right now. I will come back with you with everything I can. I didn't say I wasn't going to do... Vice Mayor Dawkins: No, no, no. You see, that's the verb can. He will bring back everything that he can, so when he gets back with something I want and he don't have it, he'll say, well, I couldn't bring that back. OK? 'You guys don't listen. See? Lt. Longueira: Commissioner... Mayor Suarez: Two hundred and ten thousand item, we should have very detailed.... Lt. Longueira: I don't know what you want, Commissioner. I'll be glad to sit with you. Vice Mayor Dawkins: I want you to tell me, OK, you got $210,000, I want you to tell me how you're going to spend every penny of the $210,000, period. Lt. Longueira: Yes. Mayor Suarez: It's a large item, Lieutenant, and it should be very specified, - very detailed. Vice Mayor Dawkins: That's all.. 1 don't need nothing more than that.. Mr. Odio: Excuse me, excuse me. This item says clearly that all you're doing is putting this into an account. In order to spend it, it has to come back to you anyway. 119 June 7, 1990 Commissioner Plummer: Mr. Manager.. Mr. Odio: Contract by contract. Commissioner Plummer: Mr. Manager.. Mr. Odio: So I don't know what the problem... Commissioner Plummer: You don't speak good English, but you understand good English. Did you hear the Commissioner, what he said? Mr. Odio: You don't speak good English either. Commissioner Plummer: Did you hear what the Commissioner said? understand three votes of this Commission? Mr. Odio: I sure do. Commissioner Plummer: Thank you. Would you call the roll. Vice Mayor Dawkins: But, one more thing, though. Mr. City Attorney... Mr. Odio: Just, you know... Mr. Fernandez: Yes, sir. Vice Mayor Dawkins: It says.. Commissioner Plummer: He says he's not going to vote on it. Do you Vice Mayor Dawkins: ...in an effort to efficiently combat crime, the Police Department must regularly update its equipment and programs with innovative items and idea. Can you use this money to constantly upgrade presently City of Miami police equipment. Then what you're doing is taking the money that you should be doing it with the general fund from and doing this with it. Mr. Fernandez: If the Chief of Police finds that this is additional technical equipment that is needed, then it can be used for that purpose. Vice Mayor Dawkins: It says upgrading. It says update present equipment. Mr. Fernandez: Then yes, that would be a legitimate expenditure of Law Enforcement Trust fund according to the statute. Commissioner Plummer: And they need an attorney in Sweetwater. Mayor Suarez: Let me get back very quickly to the issue of what, exactly, we're doing with these items. I've been looking over the wording, trying to figure out, Mr. Manager, your statement that, in the case of 23, or rather 24... Mr. Odio: No, I'm talking 24. It has to come back to you. Mayor Suarez: I'm sorry, 24, I corrected myself. We're only establishing the fund. Mr. Odio: That's all. Mayor Suarez: As you look at the wording of 21, 22, 23, and 24, I'll be blank if I can figure out in which cases we're actually authorizing the expenditure and in which cases, we're just creating the fund. Now... Mr. Odio: No, no, no. On the others, you're not. On the other ones, you're spending the monies. Mayor Suarez: Because I wouldn't want to defer 24 if all we're doing in that is authorizing the creation of a fund. Mr. Odio: All you're doing is saying to us... 120 June 7, 1990 'i I AdL j Mayor. Suarez: But i t, I ooks l i.kA the wording Lnoks i�-:ftt i 1 y c i nczo to t he other ones. Mr. Odio: No... Vice Mayor Dawkins: Well, he just said that... Joe just said that the money to fund the one that you're talking about comes of the $210,000. He just said that. Mr. Odio: All items to come... Commissioner Plummer: Did you make a motion to defer? Vice Mayor Dawkins: Yes. Mayor Suarez: We have a pending... Commissioner Plummer: Didn't I second it? Mayor Suarez: Yes, we have a motion. Commissioner Plummer: I call the question. Mayor Suarez: Please, let me get a clarification here. And you can overrule me. Commissioner Plummer: The man says he wants more information. Mayor Suarez: And you can get a ruling, but I want to see if what we're doing is setting up an account here. Mr. Odio: All items. Mayor Suarez: You can put it to a vote if you want and force... but, really, it applies to the three we just voted on. I mean, I'll take a deferral on 24, but I want to know what we've done on 21, 22, and 23. They all sound very similar to me. Mr. Odio: You have approved these funds to be allocated to those programs. And in the case of 24, you're saying you're moving that we allocate those funds to be used for Citywide crime prevention education, but every contract given out has to come back to you. Mayor Suarez: So, are you saying, Mr. Manager, that 24 is different from 21, 22, and 237 Commissioner Plummer: Yes. Mr. Odio: Yes, I'm saying that it is. Commissioner Plummer: Additional money. Mayor Suarez: A1.1 right, that's all the clarification that I wanted. Lt. Longueira: Yes. Mayor Suarez: Now, Mr. Vice Mayor, if all he's saying in 24 is that he's going to set up the fund, but he's not going to spend a penny of it. Before we actually get to look at the components of it, what do we lose by allowing him to establish the fund? —_ Commissioner Plummer: Because we might not want to establish for that amount of money. Mr. Odio: Then, you have the right... Mayor Suarez: And what do we do with the money then? Commissioner PlurriTier: Then we allocate it to what this Commission feels is a higher priority. 121 June 7, 1990 AWL Mayor Suarez: Fxcept that they have told us that, it has to hp for t.hesze kinds of programs. Anyhow... Commissioner Plummer: No, no, no, no. Mayor Suarez: We are going to have to Look at the Law Enforcement Trust Fund... Commissioner Plummer.: Oh, I want to tell you. Mayor Suarez: ...as a global thing because if, as suggested by a couple of the Commissioners, there's a way to begin using this to substitute a little bit for... Commissioner Plummer: You know, we were told the same damn wording... Mayor Suarez: Don't shake your head, Mr. City Attorney, because you just told us that you could be used... he just found a wording that could be used to update equipment and we have to get creative. We've been very creative in other areas, there's no reason why we can't be creative here. Commissioner. Plummer: Do you know how long we heard that same story from the Off Street Parking Authority that those funds couldn't be touched? That only they could do it? Mayor Suarez: I've heard that story before, yes. Commissioner Plummer: Well, we're hearing that story all over again with a different title. Mayor Suarez: I am going to ask to be briefed on that myself, and if the rest of the Commission wants to be briefed publicly, we're going to go into that. How can we spend the Law Enforcement Trust Fund monies more creatively to - and if any Commissioner would like to head a committee to study that and report back to the Commission. Commissioner Plummer: I appoint Miller Dawkins. Mr. Odio: I cannot even determine what can be... it can only be the Police Chief. Mayor Suarez: I want to follow the idea of a committee and I'd like Vice Mayor Dawkins to head it and if any other Commissioner wants to serve on it, and delve into this and get back to us, and use all the expertise that you may need from the City Attorney who, obviously, is eager to help you with it and anybody else to report back to this Commission. Vice Mayor Dawkins: All right, let me tell you what I'm going to... Commissioner Plummer: But no outside counsel. Vice Mayor Dawkins: As the Mayor - the Mayor just gave this to me, now let me tell you will have to give me. You're going to have to spell out to me how each of these programs that you're going to spend this money benefits little kids in Little Havana and inner, City Miami. Inner City Miami includes Overtown... Mayor Suarez: Al.lapattah, Wynwood... Vice Mayor Dawkins: ...Liberty City, Little Haiti, and Little Havana. Mayor Suarez: And Ailapattah and Wynwood. Vice Mayor Dawkins: Now, and if you don't and spell out to me how much you're going to spend there and do what. Commissioner Plummer: And what about Coconut Grove? Vice Mayor Dawkins: Well., that's, J.L., by all means. Mayor Suarez: All the community development target areas. 122 June 7, 1990 Vice Mayor Dawkins: All inner City yo', t.h tell, me hnv, you're P,oing to spend this money and how they're going to benefit from it. Commissioner De Yurre: That includes south... Vice Mayor Dawkins: That includes Explorers, that includes... Commissioner De Yurre: ...south Coconut Grove. Vice Mayor Dawkins: No, you live there. Commissioner De Yurre: No, it's south Coconut Grove. Vice Mayor Dawkins: No, that's the affluent... Mayor Suarez: Exclude the street that Commissioner De Yurre lives on. Commissioner Plummer: No, definitely not. Mayor Suarez: No inner City dwellers there. Vice Mayor Dawkins: No, you all... Commissioner Plummer: Hell, don't worry about it, the Police Department can't even find his house. Curtiss Lane, that's in Miami Springs. Commissioner De Yurre: That's true. Mayor Suarez: Exclude Bay Heights and Natoma and all that area where these guys live. Commissioner Plummer: Isn't Curtiss Lane in Miami Springs? Vice Mayor Dawkins: You got a policeman out there. Commissioner De Yurre: That's two s's. Vice Mayor Dawkins: You have a policeman who is going to have a picnic out of his own pocket and out of begging money Saturday at 11:00 o'clock at Tacolcy for 300 youngsters. Lt. Longueira: You're not talking about Hardemon? Commissioner Alonso: Six hundred. Mayor Suarez: Six hundred. Vice Mayor Dawkins: Just be there, you'll see. Don't ask me who, be there and you can see who it is. See? But nobody helps this. He gets no money as an Explorer. he gets no money as - what's that thing we just passed? -the drum and bugle corps? Commissioner Plummer: Explorer? Mayor Suarez: Prevention education program. Vice Mayor Dawkins: lie gets no money for nothing, but yet... Commissioner Plummer: How much did he get from you? Vice Mayor Dawkins: A hundred dollars. Commissioner Plummer: I'll match it. Vice Mayor Dawkins: All right. Now, that's going to help a hell of a lot, but that's..... Mayor Suarez: I can't: believe it! This is an all time record. A hundred bucks? Vice Mayor Dawkins: That guy over there, he helps. lie helps. 123 June 7, 1990 C(-)m,miSsioner Pli.immer: Who give S500? Mayor Suarez: From your pocket, not the union. Vice Mayor Dawkins: No, the union... Mayor Suarez: N0000000. Commissioner Plummer: I'll tell you what. You got $500 from my - what is that fund? Vice Mayor Dawkins: That's broke. Commission Plummer: Like hell it is, not mine. No. Mayor Suarez: Discretionary fund. No, his is going to be around for another ten years. See... Vice Mayor Dawkins: You see, but I'm just saying, these are the people... Commissioner Plummer: Kinne, you get me a name and give it to Gloria and we'll draw a check for it. Vice Mayor Dawkins: ...Joe, these are the people who are out here touching the youth in the streets and we're running around here with $210,000 making waves. You know, making the newspapers. Lt. Longueira: Sir, we believe our programs are valid programs to the City. Mayor Suarez: We're going to make sure of that, Lieutenant. Vice Mayor Dawkins: Thank you. There you go. Commissioner Plummer: We're going to find out. Lt. Longueira: Now, our boxing program is one of them. Mayor Suarez: And let me tell you one other thing, on the committee would the FOP be willing to participate and give input to Vice Mayor Dawkins in looking at the enforcement of the Law Enforcement Trust Fund? -or are you going to sit in the back of the room saying that you have great programs and never ask for money from the Law Enforcement Trust Fund for them? I guess that answers itself, doesn't it? Vice Mayor Dawkins: It's not his programs. Mr. Dick Kinne: Dick Kinne, president of the FOP. I don't have any problems at all working with the City Commission on that. I have problems in some of the monies used at Law Enforcement Trust Fund how they're used. Mayor Suarez: Well, thank you, because that's exactly what we want you to do is to give input and give your expertise and that of your union. You represent most of the officers in the City. Can't use the money for haircuts. All right, that's in the form of a motion? I think we have a deferral on that. Vice Mayor Dawkins: Yes, he has to come back arid tell us what he's going to do with it. Mayor Suarez: OK, as to the committee, I'll entertain a motion. '~ Commissioner Plummer: That's everything but Curtiss Lane. No Curtiss Lane. Mayor Suarez: I'll entertain a motion on the committee. Commissioner De Yurre: OK. Mayor Suarez: Moved. Conur,issioner Plummer: Second. . Mayor Suarez: Thank you. Call the roll. 1'24 June 7, 1990 =a=a The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION 110. 90-444 A MOTION CREATING A COMMITTEE TO STUDY AND RESEARCH CRIME PREVENTION PROGRAMS PRESENTLY FUNDED WITH MONIES FROM THE LAW ENFORCEMENT TRUST FUND; FURTHER APPOINTING VICE MAYOR DAWKINS TO HEAD THIS COMMITTEE. 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 NOES: None. ABSENT: None. ------------------------------------------------------------------------------- 35. APPOINT INDIVIDUALS TO HERITAGE CONSERVATION BOARD (Appointed were: Richard Heisenbottle and Robert Fitzsimmons). --------------------------------------------------------------------------------- Vice Mayor Dawkins: Twenty-five. Mayor Suarez: Item 25, thank you, Mr. Vice Mayor. Heritage Conservation Board. Who's recommended? Who's got appointments? Commission Alonso: I do. Mr. Guillermo Olmedillo: There are three appointments to be made. One by you, Mayor. One by Commissioner Plummer and one by Commissioner Alonso. Mayor Suarez: OK. Commissioner Plummer: Who was my appointment? Commissioner Alonso: Richard Heisenbottle for mine. Commissioner Plummer: Who's my appointment` Mr. Olmedillo: Bob Fitzsimmons. Commissioner Plummer: Reappoint. Mayor Suarez: Any requirements on... Commission Plummer: And, by the ways Mr.... Mayor Suarez: ...I'm sorry, any requirements on qualifications of... Mr. Olmedillo: They were met - there are a couple that applied for your vacancy for your. appointment, Jose Gelabert Navia and Richard Heisenbottle. However, Commissioner Alonso picked Heisenbottle for tier. Mayor Suarez: OK, I want to appoint someone that actually applied for another board, but he's an engineer and he'd be very useful and helpful, Frank Avellanet - A-V-E-L-L-A-N-E-T. We've got his resume and everything else on file. He's an engineer. Commissioner Plummer: Mr. Manager, on this agenda, was supposed to be the Festivals Committee, which this Commission has asked for that report to come back up here. Where is it? 125 June 7, 1990 ilk Mr. Odio: I didn't, have that item. Commissioner Plummer: Where .is the Festivals Committee, the report that this Commission asked for? Mr. Odio: I don't have that item, Commissioner. Commissioner Plummer: We asked for it at the last meeting. Fitzsimmons is the guy who was making the presentation where we were - - we put out rules and regulations... Mr. Odio: I have not seen that at all. Commissioner Plummer: We've had it on first reading. Mr. Odio: Yes, but... Mayor Suarez: Is it pending second reading? Is it being played around with or tooled around with or worked? Commissioner Plummer: Yes, and for some reason, it keeps getting knocked off an agenda. Mr. Odio: Let me find out what... Commissioner Plummer: Where's Aurelio? Mayor Suarez: While you decide.... Commissioner Plummer: The Commission asked for it. Mayor Suarez: While you decide that, let's go ahead and take these appointments by vote and Commissioner Plummer, did you have yours? Commissioner Plummer: Reappointment. Mayor Suarez: Reappointment. Mr. Olmedillo: Yes. A point of information. We would have to check on your appointment because you had a restoration architect slot. So, we would like to check your... Commissioner Plummer; What? -my Festival Committee? They worked with us on the committee. Mayor Suarez: He does that too in addition to being an engineer. Commissioner Plummer: The Law Department worked on the committee. Ms. Hirai: Guillermo, we need to specify categories, as well, don't we? Mr. Olmedillo: Yes. Mr. Fernandez: Yes. And Mr. Mayor, your appointment needs to have applied directly to... Ms. Hirai: Right. Mr. Fernandez: ...the Heritage Conservation. You cannot... Mayor Suarez: I'll table my appointment then and vote on the others. Mr. Fernandez: And invite him to apply in -- right. Mayor Suarez: OK? Moved and seconded as to the other two by Commissioners ® Plummer and Alonso. Call the roll. 126 June 7, 1990 The f.ollonoing resolution wn� ,, int.rodur.ed by CcrnmisSionAr Pl:amrnrpr, u-ho moved its adoption: RESOLUTION NO. 90-445 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI HERITAGE CONSERVATION BOARD. (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. 36. APPOINT INDIVIDUALS TO LATIN QUARTER REVIEW BOARD (Appointed were: Tessi Garcia, Gloria Rosello, Angel C. Saqui II, and Antonio (Tony) Wagner). ----------------------------------------------------------------------------------- Mayor Suarez: Latin Quarter Review Board, Mr. Guillermo Ol:edillo: Yes, there are five appointments to be made. One by the Mayor, two by the Vice Mayor and two by Commissioner Alonso and the... Commissioner Plummer: How come I'm neglected? Mr. Olmedillo: You already appointed yours. Vice Mayor Dawkins: You're the minority... Mr. Jorge Fernandez: Because your's is still on. Commissioner Plummer: You just don't want any Anglos on the Latin Review Board, eh? Mr. Olmedillo: You already appointed your two people. Mayor Suarez: Nominate Tessi Garcia. Commissioner, I know you have one. Commissioner Alonso: I have Angel Saqui and Tony Wagner. Mayor Suarez: Mr. Saqui and Mr. Wagner. Any other nominations? In the form of a motion from Commissioner Alonso, I... Commissioner Plummer: Second. Mayor Suarez: Seconded by Commissioner Plummer. Call the roll. Mr. Fernandez: Commissioner Dawkins has no nominations at this time? Vice Mayor Dawkins: Yes, I got one. I'm going to put Gloria Rosello in and... Gloria Rosello and then I'll get my other one somewhere. And he'll be like me. If J.L. don't put one like him, that's his problem. Commissioner Plummer: As ugly as you are? Vice Mayor Dawkins; Yes, and as black as me. No problem,. Mayor Suarez: OK. 127 June 7, 1990 Vice Mayor Dawkins: He111. bp Hispanic uho can speak Spanish. A Rlack =_ Hispanic. A Bl.ack... no, no, that's a 1.ie. A Hispanic who is Mack. Mayor Suarez: We've established that Vice 'Mayor. Dawkins is Asian. He's of Japanese descent, direct line from Emperor Togo or somebody, I forget who it - was but we took pictures and everything in Kagoshima. All right, item 27, Affirmative Action Advisory Board. I'm sorry? Ms. Hirai: Mr. Mayor, we need to call the roll. Mayor Suarez: Call the roll on that motion. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-446 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS TO THE CITY OF MIAMI LATIN QUARTER REVIEW BOARD TO SERVE A TERM OF OFFICE TO EXPIRE ON FEBRUARY 27, 1992. (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 Mavor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None, ABSENT: None. 37. APPOINT INDIVIDUALS TO AFFIRMATIVE ACTION ADVISORY BOARD (Appointed were: Ralph Garcia Toledo, Jr., Manolo Minagorri, and Humberto Amaro; reappointed were: Robert Grill, Richard Nussel and Lori Weldon). Mayor Suarez: Item 27, Affirmative Action Advisory Board. Commissioner Plummer: I'll reappoint mine. Vice Mayor Dawkins: Everybody has an appointment Commissioner Plummer: I have two. Ms. Hattie Daniels: Commissioners Dawkins, no, you do not have an appointment. Vice Mayor Dawkins: I do not have an appointment. Ms. Daniels: No. You have ... yes, you have one. 1 Mayor Suarez: Commissioner Alonso or Commissioner Plummer., make your nominations, please. j a Commissioner Alonso: Humberto Amaro. Commissioner Plummer: I have two, right? a Mayor Suarez: Humberto Amaro. Ms. Daniels: Two reappointments, yes. Commissioner Plummer: Mine, just reappoint. 128 June 7, 1990 L1 E Ms. Daniels: Yes. Commissioner Plummer: So there will be no problem. Mayor Suarez: Ralph Garcia Toledo, Jr. and Mickey Minagorri for mine. Ms. Daniels: All right, let me just say, Mayor Suarez, that you had two appointments on the board that would like to be reappointed. Mayor Suarez: I know that. Ms. Daniels: Fine. I just wanted to make sure you understood that. Mayor Suarez: Thank you, doctor. Vice Mayor Dawkins: We don't intend to appoint both of them, that's why we Mayor Suarez: Right. Vice Mayor Dawkins: Go right ahead, Mr. Mayor, make our appointments. Mayor Suarez: OK. We have that in the form of a motion by Commissioner Alonso... Commissioner Plummer: Second, Mayor Suarez: Seconded Commissioner Plummer. Call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-447 THE PARAMETERS OF THIS MOTION ARE FORMALIZED AND CONTAINED IN R 90-447.1 BELOW. 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 NOES: None. ABSENT: None. Mayor Suarez: Doctor, keep us advised of the composition of the board to ;rake sure... Commissioner De Yurre: Now, let me ask... Ms. Daniels: I'm sorry, Mayor, Commissioner De Yurre also had an appointment. You had appointed Jose Bolanos, who does not wish to be reappointed. Commissioner De Yurre: And he has resigned. OK. So I just have one? Ms. Daniels: Yes. Commissioner De Yurre: Appoint... now, is there anybody on this list that is not being reappointed? Ms. Daniels: Yes, quite a few. Mayor Suarez: There she is back there waving at you. Ms. Daniels: Frankie Rolle, Lori Weldon, Greg Borgognoni... 129 June 7, 1990 Mayor Suarez: That was my appointment. Commissioner De Yurre: Can I appoint. Miller Dawkins? Commissioner Plummer: Put Miriam Alonso, no, they need a lady on the board. Commissioner De Yurre: OK, now, Mayor, you're not reappointing Lori? — Mayor Suarez: No, but she seems eager and willing to reserve. Commissioner De Yurre: OK, then I'll appoint her. Mayor Suarez: All right, appreciate that. Commissioner Plummer: Who? Commissioner De Yurre: Lori Weldon. Mr. Fernandez: Mr. Mayor, point of - in considering Miss Weldon's appointment, we need to make sure that there is no conflict, dual office holding, and I need to ascertain that. You may make... Mayor Suarez: With the Waterfront... I mean, with the Bayfront Park Management Board? Commissioner Plummer: She's on the Bayfront Park Advisory Board. Commissioner De Yurre: Well, then, she would have been in conflict all along. Mayor Suarez: Yes, and besides that, if we have a conflict because somebody can't serve on the Bayfront Park Management Board and the Affirmative Action Board of the City of Miami, we're really going to have a problem. I mean, these boards are not - neither one is paid, neither one has any emoluments of office, or whatever the term is... Mr. Fernandez: For the protection of Miss Weldon, as well as... Mayor Suarez: You will check that out, of course, and the appointment will be subject to that. Mr. Fernandez: Of course. Correct. Mayor Suarez: If I remember the ordinances correctly, I don't think there's a problem on either case. But, let's be sure. We have a motion and a second as to those? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-447.1 A RESOLUTION APPOINTING SIX INDIVIDUALS TO SERVE AS MEMBERS ON THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre — Commissioner J. L. Plummer, Jr. Commmissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 130 June 7, 1990 Li r] 38. APPOINT INDIVIDUAL TO PLANNING ADVISORY BOARD (Appointed was: Mertis C. - McCants). Mayor Suarez: Planning Advisory Board. Commissioner Plummer: Who does that belong 'to? — Mr. Guillermo Olmedillo: Vice Mayor Dawkins and there's an applicant, Mertis Carswell McCants. Vice Mayor Dawkins: i appoint Mrs. McCant. Commissioner Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-448 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER ON THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, TO SERVE A TERM ENDING DECEMBER 31, 1992. (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. 39. APPROVE MANAGER'S REJECTION OF PROPOSALS RECEIVED IN RESPONSE TO THE VIRGINIA KEY BASIN PROPERTY REQUEST FOR PROPOSALS - AUTHORIZE ISSUANCE OF UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS TO DEVELOP A RESTAURANT AND MARINE SERVICE USES AT THE VIRGINIA KEY BASIN PROPERTY (3601 RICKENBACKER CAUSEWAY) - SELECT CERTIFIED PUBLIC ACCOUNTANT FIRM TO APPOINT MEMBERS TO A REVIEW COMMITTEE. --------------------------------------------------------------------------------- Mayor Suarez: Item 29. Mr. Odio: We're asking you here, Mr. Mayor, is to approve the recommendation that I'm making of rejecting the proposals submitted to the City on April 27th. Since we only had two proposals, we feel that we need to advertise and go out again on an RFP. Vice Mayor Dawkins: So move. Commissioner Plummer: Now, whoa, whoa, whoa. Commissioner De Yurre: Second. Mayor Suarez: Moved and seconded. Commissioner Plummer. 131 June 7, 1990 Commissioner Plummer: I got a big objection on this committee. S am not going to stand still from somebody from Firehouse Four who is in litigation with the City of Miami serving on that committee. Mr. Odio: Fine. Mayor Suarez: Very good point. ti Mr. Odio: Change it, Commissioner. Commissioner Plummer: I'd like to nominate Bob Lewis... Vice Mayor Dawkins: Second. Commissioner Plummer: ...to that committee. Mayor Suarez: Moved and seconded. And built into the approval of the resolution on 29. _ Commissioner De Yurre: In replacement of... in replacement of... Mayor Suarez: In replacement of... Commissioner Plummer: Replacement of... Mr. Odio: Robert Sulo for Bob Lewis. Commissioner Plummer: I don't know the gentleman, but 1 just can't have anybody that's suing us be on a board for us. Mayor Suarez: I got you. Mr. Jack Luft: Just for the record, he's not. Commissioner Plummer: What? Mr. Luft: He's not. Commissioner. Plummer: What do you mean, he's not? Mr. Luft: He's the operator of the restaurant. He is under contract to the developer who is suing us. He is not part of the suit. Commissioner Plummer: Well, it says here, operation manager, Firehouse Four, and it's Firehouse Four that's suing us. Mr. Luft: That's right. Different group. _ Commissioner Plummer: Other than that, if you want to make a motion ... let me ask you this. I mean, I realize that the Corollo amendment is three or more... Mr. Odio: Yes, sir. Commissioner Plummer: Were any of the two proposals damn good proposals because if that's the case, it only forces a referendum. Vice Mayor Dawkins: Well, take it to a referendum. Commissioner Plummer: Well, wait a minute, let's find out whether they were good or not. Vice Mayor Dawkins: Well, you've got to have three. You can't have two. Mayor Suarez: You could throw out the bids and try again for three. Commissioner Plummer: He is recommending that we go back out and try to get three so we don't have to go to the referendum. What I'm asking the question is, of the two proposals that came in, we've not seen them. Were they potentially very, very good proposals to the City? I don't know the answer. Mayor Suarez: That's a very good... 132 June 7, 1990 Commissioner De Yurre: Well, let's look at it this way. Now long does it take for this process, going out for request again? - Vice Mayor Dawkins: Two weeks. Mr. Odio: Ninety days. R Mr.. Luft: Ninety days. _ Mr. Odio: Ninety days. Commissioner De Yurre: What? Mr. Luft: Ninety days. Vice Mayor Dawkins: Two weeks. Commissioner De Yurre: And by when would we have to commit to a referendum? Commissioner Plummer: No, that's not my point, Victor. When you go back out, you might... Commissioner De Yurre: Well, no, I'm saying that we can still go - I'm saying, let's go back out and probably within the 90 days we can still go to referendum if we want to. Mayor Suarez: Yes, he's saying that we maybe ought to go ahead and approve going out for another RFP. At least we can... Commissioner Plummer: No, no, no. Here you are rejecting these two bids. Commissioner De Yurre: Well, I'm saying, reject these, let's go back out again... Commissioner Plummer: No, no, no, Victor, look, here's my problem... Commissioner De Yurre: What do you want to do? Commissioner Plummer: ...when you go back out to rebidding, there is that potential that you will not have as good a bid in any of the three that come in. Vice Mayor Dawkins: The same guys will bid again. Commissioner De Yurre: And you're saying, legally to accept these two and go back out to seek a third one? Commissioner Plummer: No, I'm saying I would like to see these two. I don't know and you don't know - I don't think you've seen these bids - I don't know what these bids contain. It might be a very good bid. That's all I'm saying. I think we should see the bids. Mr. Luft: We can sow you the bids. One of them is good, the other one is... well, they're both acceptable. One of two did ask if they could have more time and we said, no, there was a time cutoff and... Commissioner Plummer: Hey, all I'm saying is, I don't know who the bidders are. I don't know what the bids contain. And I'm saying is, that this Commission should know what we're rejecting. Vice Mayor Dawkins: Mr. Mayor, I invoke section 131 of Mason's and it says, "...the majority of the members may close debate without allowing another member all the time lie wants." Commissioner Plununer: I told you I am Catholic, I don't go by Mason's Rules. Mayor Suarez. Isn't it a built in... the question is a fair question, but isn't. it a... Commissioners Plummer: You're going to be a rainbow coalition instead of a Blue Brother. i'{3 June 7, 1990 Commissioner. De Yurre: Well, what's the recommendation of the administration? Mayor. Suarez: Isn't it a built in premise of your recommendation, Mr. Manager, as Commissioner De Yurre is saying that you feel that, by going through this process, you're going to get presumably as good or, if not, better bids and not have to go through a referendum and all of that? I mean... Mr. Odic: According to Jack, there... Mayor Suarez: ...isn't that implicit in your recommendation? Mr. Odio: According to Jack, they were acceptable, but not that great that we could put it on a referendum. Mayor Suarez: There was also a third one, Commissioners, there was a third one, that I think at the last moment was found to be kind of a, you know, maybe if other people had realized that the third one was not a valid one, they would have bid in. You know, nobody wants to... Mr. Odic: We will have the same two rebidding, and, hopefully, the third will have more time. Mayor Suarez: Do you have any indication that someone else might bid and then we can get over the... Mr. Odio: Yes, we do. Mr. Herb Bailey: We have an indication and we think that somebody else might bid. The two that we have - what we're rejecting is not the proposal, but we're rejecting what we don't have in order to make a legitimate selection or to come before you. Commissioner Plummer: What is it required to make a legitimate selection? Mr.. Bailey: You need three proposals. Commissioner Plummer: No, you see, that's where you're wrong. Mayor Suarez: That's sort of a misstatement, Herb. Commissioner Plummer: We can make a legitimate selection, on two. If we do, then you got to go to a referendum. Mayor Suarez: A selection not subject to a referendum. Commissioner Plummer: My fear is, I haven't seen those proposals. Mr. Bailey: I understand that, Commissioner, but we think will probably be in the best interest of the City to try to get three before we go to t.he... Commissioner Plummer: That's your opinion and you're entitled to it, but you're not voting... Mr.. Bailey: We're not voting... Commissioner Plummer: ...and your name ain't going to be in the Miami Herald tomorrow morning. Vice Mayor Dawkins: I'm voting with you, J.L. Mr. Bailey: Yes, but we're recommending. _ Commissioner De Yurre: I'm ready to vote on the recommendation of the administration. Mayor Suarez: ON, move it please. Commissioner De Yurre: It's already been moved and seconded. Mayor Suarez: Moved and seconded. 134 June 7, 1990 Vice Mayor Dawkins: Madam Clerk, what are we votinp on, pleaso? Mayor Suarez: Rejecting the bids. Commissioner Plummer: As presented. Ms. Hirai: As presented on item 29, sir. o= Mayor Suarez: OK, so moved and seconded. Any further discussion on the rejection of the bids and reissuance? If not, please call the roll. Commissioner Plummer: I voiced my objections without seeing the proposals. I, the one who is voting and no other member of this Commission has seen those proposals to know what they are or are not and I very much object to that and I will vote no. Mayor Suarez: Does anyone from the general public wish to be heard on this item? Let the record reflect no one stepped forward. Barring that and any discussion from the Commission, please call the roll on the motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-449 A RESOLUTION, WITH ATTACHMENT, APPROVING THE CITY MANAGER'S RECOMMENDATION TO REJECT THE PROPOSALS SUBMITTED APRIL 27, 1990 IN RESPONSE TO THE VIRGINIA KEY BASIN PROPERTY REQUEST FOR PROPOSALS AND AUTHORIZING ISSUANCE OF A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS (RFP) ON JUNE 21, 1990, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE DEVELOPMENT OF RESTAURANT AND MARINE SERVICE USES, ON CITY -OWNED PROPERTY LOCATED ADJACENT TO 3601 RICKENBACKER CAUSEWAY, MORE COMMONLY KNOWN AS THE "VIRGINIA KEY BASIN PROPERTY"; 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 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. * - Note: Commissioner Plummer voted no, then changed his vote to yes on the record. Commissioner Alonso initially voted no, then changed her vote to yes, as recorded in memorandum filed with the marked agenda of June 7, 1990. COMMENTS MADE DURING, ROLL CALL: Commissioner Plummer: Obviously, no. Vote your conscience. Mayor Suarez: Stick it to him. Vote your conscience, my colleague. Commissioner De Yurre: While he's thinking about it, I vote yes. Commissioner P1uffaner: Can I lobby for a minute? My lobbying only says all I'm asking to do is to see those two proposals before I vote. When I see those two proposals, I might agree wit): the Manager to go back out.. 135 June 7, 1990 Commissioner De Yurre: Well., you want 72 hours? Commissioner Plummer: But I haven't - come on, now, I can't do but so much in _ 72 hours. Mayor Suarez: Do you want to defer it to the 28th? Vice Mavor Dawkins: No, no, we don't... let's... I'll vote yes with J.L. having the right to veto it. Mayor Suarez: All right, subject to review, satisfaction... you have 72 hours to do that. - Commissioner Plummer: Give me a week, please. Mayor Suarez: One week. Commissioner De Yurre: OK, 142 hours. Mayor Suarez: The moving party and the second accept that. All right., call the roll. Complete the roll, I'm sorry. Yes, I'll vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner De Yurre: OK. Commissioner Plummer: Hey, excuse me now, if you put in that provision, I'll vote yes. Mayor Suarez: Thank you. You change his vote to "yes" now. Commissioner Plummer: OK, and Commissioner Alonso might want to vote yes with that provision in there. Vice Mayor Dawkins: Well, what are you... Commissioner Plummer: The provision is that I or any other Commissioner, have _ one week to object. _ Vice Mayor Dawkins: Will you invoke 131 please, over there, sir? Mayor Suarez: Get that section out again and Mason's... Vice Mayor Dawkins: Get that section out and read it to him. Commissioner Plummer: And if we object, it goes back on the 28th. Mayor Suarez: The non Catholic manual of procedure. Commissioner Plummer: What's the statute he's reading me? Mayor Suarez: Mason's Rule of Procedures. It's in the City Code or Charter? That's what we go by. Commissioner Plummer: But the one in particular he's reading, does it tell me... Mayor Suarez: There's one particularly geared and tailored towards you. Commissioner Plummer: And what does it say? Mayor Suarez: It says that you're supposed to stop talking... Vice Mayor Dawkins: When we say so. Mavor Suarez- —whenever the majority wants you to stop talking. Commissioner Plummer: Ha, ha, ha, ha.... _=f Mayor Suarez: All right, item thirty whatever, 31. 136 June 7, 1990 �i Commission^r Pltammnr: Yoti nevi T- heard the word filibuster. Mr. Fernandez: So again, the item has passed subject to one weeks review by Commissioner Plummer's Commissioner Plummer: Objection - if objection is sustained, then it goes on to the next agenda. Mayor Suarez: All right. Mr. Fernandez: All right. 40. WAIVE CODE PROHIBITION AS IT APPLIES TO RICHARD P. DUNNE, WHO SERVES ON THE ZONING BOARD, IN RELATION TO HIS TEMPORARY EMPLOYMENT AS SENIOR -- COUNSELOR IN CITY'S SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM. Mayor Suarez: Item 30. Commissioner Plummer: Move it. Mayor Suarez: OK, so moved. Temporary employee waived for City Zoning Board. Commissione, Plummer: Herb, you'll get me those two proposals so I can see =- them. Mayor Suarez: Do we have a second on item 30? Vice Mayor Dawkins: Second. Mayor Suarez: Thank you. Call the roll if there's no further discussion. Mr. Jorge Fernandez: Public hearing, Mr. Mayor. Mayor Suarez: Do we need to do that at this point? If you can get that, we'll put it to a vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-450 A RESOLUTION WAIVING, BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTION 2-302 AS SUCH PROHIBITION APPLIES TO RICHARD P. DUNNE, WHO SERVES ON THE CITY'S ZONING BOARD, IN RELATION TO HIS TEMPORARY EMPLOYMENT AS A SENIOR COUNSELOR IN THE CITY OF MIAMI'S SUMMER YOUTH - EMPLOYMENT AND TRAINING PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Vice Mayor Dawkins: Mr. Mayor, I don't know how we got off, but Reverend Curry also was going to be employed. I'd like to move it to include him also, =j please. 137 June 7, 1990 C-1 Mayor Suarez: He's sitting presently on a board that prohibits that? Vice Mayor. Dawkins: Yes. Mr. Fernandez: Well, the thing is, that these types of waiver of conflicts... Mayor Suarez: Have to be advertised. Mr. Fernandez: ...have to be advertised. We'll be more than happy to... yes, of course. — Mayor Suarez: All right, would you please get it on the agenda for the 28th or the earliest possible time as to Reverend Curry, please. Vice Mayor Dawkins: OK, thank you. 41. WAIVE COMPETITIVE SEALED BID PROCEDURES FOR STRUCTURAL REPAIRS AND IMPROVEMENTS TO ORANGE BOWL STADIUM - RATIFY MANAGER'S FINDING OF PUBLIC EMERGENCY - AUTHORIZE EXECUTION OF CONTRACTS - ALLOCATE FUNDS FROM CIP 404238 (ORANGE BOWL MODERNIZATION PROJECT - PHASE II). Mayor Suarez: Item 31. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Plummer: This is regular maintenance on the Orange Bowl. Vice Mayor Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll on thirty-one. Mr. Jorge Fernandez: Public hearing. Mayor Suarez: Does anyone wish to be heard on item 31? 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. 90-451 A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CERTAIN SPECIFIED STRUCTURAL REPAIRS AND IMPROVEMENTS TO THE ORANGE BOWI. STADIUM; RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING SAID WAIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO ISSUE THE NECESSARY PURCHASE ORDER FOR SAID REPAIRS; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $500,000 FROM THE CAPITAL IMPROVEMENT PROJECT NO. 404238, ENTITLED "ORA14GE BOWL MODERNIZATION PROJECT - PHASE iI". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Corrunissioner Dawkins, the resolution was passed — and adopted by the following vote: 138 June 7, 1990 �i AYES: Commissioner Victor De Yiirre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mavor Xavier L. Suarez NOES: None. ABSENT: None. 42. BRIEF COMMENTS BY COMMISSIONER PLUM14ER - ALL PENDING MATTERS WITH THE UNIVERSITY OF' MIAMI CONCERNING THE ORANGE BOWL HAVE BEEN RESOLVED. Mayor Suarez: Item 32. Commissioner Plummer: Mr. Mayor., may I announce that the Orange Bowl and your committee that the matter with the University of Miami has been completely resolved and it merely is a matter of applying the ink to the contracts and it was as outlined before. It is completed and done. Mayor Suarez: Very good. 43. DISCUSS WITH REPRESENTATIVES OF LITTLE HAVANA DEVELOPMENT AUTHORITY PROPOSED EXPANSION OF MAXIMO GOMEZ PARK, DOMINO CLUB. ------------------------------------------------------------------------------- Mayor Suarez: OK, item 32. Little Havana Development Authority. Who put it on the agenda? Vice Mayor Dawkins: I did. Mayor Suarez: Is the issue here... we all would love to expand that. The problem is, where is the money going to come from? Vice Mayor Dawkins: That's what I was going to say, Mr. Mayor. I put it on, they wanted to discuss it. The only thing I have to say is, we will. expand it if they come up with the money to purchase the land around it. That's all. Commissioner Alonso: I have some comments. I'm not crazy about the idea of expanding the Domino Park at all. I live a few blocks from there and as a neighbor in that area, I don't think that we feel that it's beneficial for us at all. And I think it's something that, perhaps, should be public hearings so the people of the area can really express how they feel about this item. We have suffered a lot of problems through the years in that corner and even though it has improved since they've been in charge of that facility, I'm not sure that making it larger will be beneficial for the area. So, I have lots of doubts. Mayor Suarez: Where are the proponents? I don't see them here. Were they expected? Commissioner De Yurre: They're playing dominos. Mayor Suarez: Do you want to defer? Vice Mayor Dawkins: No, wait, there's no point in deferring it. I agree with Commissioner Alonso. Put it on as a regular scheduled agenda, announce it publicly and let th-- people come down and be heard. Mayor Suarez: All right. Commissioner De Yurre: Now, the thing we have to understand is that the business next door with the bakery, Perez-Sosa the only way you can expand is by taking their parking lot, which they're not in a position to sell.. 139 June 7, 1990 0 11 Mayor "uarez: I don't ]snow if they were cominv back the other way or where they were planning to go. They had some ideas that they wnnt+,d to express. Why don't we just schedule it for a formal... Vice Mayor Dawkins: That's all. Commissioner De Yurre: You know, schedule it, but, you know, there's that - they're not .in a position to be selling anything. Mayor Suarez: ...which gives them an opportunity to make their presentation which they may have thought... Vice Mayor Dawkins: ...everybody come down and be heard and we vote. Aiayor Suarez: Right. OK, I don't even think that we need to take a vote on it. Vice Mayor Dawkins: No. Mayor Suarez.: We can just schedule it for the next logical spot on the agenda as a regularly scheduled item. Item 33, Kathleen Winchell. Is she here? Mr. Odio: Withdrawn. Mayor Suarez: Withdrawn. Mayor Suarez: Item 34. Poli.sh American Club of Miami. No one stepped forward. -------------------------------------------------------------------------------- 44. GRANT REQUEST BY DIABETES RESEARCH INSTITUTE FOR WAIVER OF DOCKAGE FEES FOR USE OF AVAILABLE SLIPS AT MIAMARINA IN CONNECTION WITH THE FOURTH ANNUAL CATCH A CURE FISHING TOURNAMENT. ------------------------------------------------------------------------------- Mayor Suarez: Item 35. Diabetes Research Institute. This is on here by my request. Yes, please. Mr. Todd Berman: Thank you, Mr. Mayor and Commissioners. I'm Todd Berman, I'm representing the Diabetes Research Institute. We are in the process of putting on our fourth annual Catch a Cure Fishing Tournament. That's for raising funds to help not only build our research center at the University of Miami, which is at the Jackson Memorial complex. Mr. Odio: We recommend the $500 waiver of the fee. Mayor Suarez: So recom;nended. I mean, so... I'll entertain a motion on it rather, pursuant to the Manager's recommendation. Commissioner Plummer: To waive the marina fees, I move it. Commissioner Alonso: Second. _ Mayor Suarez: OK, it's built into the recommendation that were it not for -= this event, nothing would take place that day. There's no loss of... Commissioner Plummer: Well, I got another one to follow immediately. Mayor Suarez: OK, moved and seconded. Call the roll. Commissioner Plummer: Go ahead. =a 140 .tune 7, 1990 E 5 { The following resol.ut.i-on a?as introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-452 A RESOLUTION WAIVING APPLICABLE DOCKAGE FEES IN AN AMOUNT NOT TO EXCEED $500 FOR THE USE OF AVAILABLE SLIPS AT MIAMARINA BY PARTICIPANTS AND GUESTS OF THE FOURTH ANNUAL CATCH A CURE FISHING TOURNAMENT SPONSORED BY THE DIABETES RESEARCH INSTITUTE ON AUGUST 25, 1990; SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. ------------------------------------------------------------------------------- 45. GRANT REQUEST HOOTERS RESTAURANT AND AMERICAN POWER BOAT ASSOCIATION FOR WAIVER OF DOCKAGE FEES FOR USE OF SLIPS AT MIAMARINA IN CONNECTION WITH THE HOOTERS' GOLD CUP OFFSHORE 150 POWER. BOAT RACE. --------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor... Mayor Suarez: Yes, Commissioner Plummer. Commissioner Plummer: Hooters is sponsoring the Gold Cup off shore power boat race this Sunday. Vice Mayor- Dawkins: Oh, no. Commissioner Plummer: From the Miamarina and Hooters is looking for an inkind contribution of the waiver of the rental. In exchange, they will be promoting the City of Miami and Bayside, as well as making the City of Miami handicapped the recipient of all the Tee-shirt sales. The Parks Department supports this. I would like to move it, fir. Mayor. a Mayor Suarez: Is it a waiver that otherwise we would not get any income anyhow from the use of that facility because nothing else would be scheduled _= on that day? Commissioner Plummer: That is absolutely correct. Vice Mayor Dawkins: You know, I'm not voting for it. I'm getting tired of everytime I look up, you all got that park tied up for a week with some boats running around making a .lot of noise. Commissioner Plummer.: Excuse me, this is Miamarina. Commissioner, this Bud is for you. This chicken wing is for you. Mayor Suarez: We have provisions in Mason's Journal of Procedure. Yours is the anti -filibuster one, you've got an anti -harassment one that I'll bring out at the appropriate time. _? 1-41 June 7, 1990 C0m?ttiSsi.OnPr PlLlmmPr: which is t}1? statllt5? on ant.l-} aYa ,;i"nt, T rn—ve it, Mr. 1-3ayor. Mayor Suarez: Moved. Seconded by Vice Mayor Dawkins. Call the roll. Commissioner Plummer: Thank you, Mr. Mayor. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-453 A RESOLUTION WAI'tiiNG APPLICABLE DOCKAGE FEES IN AN AMOUNT NOT TO EXCEED $2,000 FOR THE USE OF AVAILABLE SLIPS AT MIAMARINA BY PARTICIPANTS AND GUESTS OF THE HOOTERS' GOLD CUP OFFSHORE 150 POWERBOAT RACE, SPONSORED BY HOOTERS RESTAURANT AND THE AMERICAN POWER BOAT ASSOCIATION, DUPING THE PERIOD JUNE 7 THROUGH 10, 1990; SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI, INCLUDING THE PROVISION THAT THE CITY OF MIAMI PROGRAMS FOR THE HANDICAPPED BE MADE THE RECIPIENTS OF PROCEEDS FROM THE SALE OF T-SHIRTS FOR SAID RACE. (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. = ------------------------------------------------------------------------------ 46. GRANT REQUEST BY CARNAVAL MIAMI FOR CLOSURE OF DESIGNATED STREETS, EXTENSION OF FIREWORKS DEADLINE, RESTRICTION OF RETAIL PEDDLERS, AND PERMISSION TO SELL BEER AND WINE IN CONNECTION WITH THE HOLDING OF THIS = _ 1991 EVENT. --------------------------------------------------------------------------------- Mayor Suarez: Item 36, Carnaval Miami... _ -- Commissioner Plummer: Diane. Mayor Suarez: ...street closures. Mr. Odio: This is a request for the extension of the fireworks deadline until - 12:00 midnight. - Mayor Suarez: Clearly, we're not again this year, in any way, subsidizing, = this is a totally self supported... Mr. Odio: Totally self supporting. It's also... Commissioner Plummer: Move it. - Mr.. Odio: ...but, wait, wait, there is more. They also street closures. MRS There is a ... I don't know if I have to read this into the record... Commissioner Plummer: It's all there, an extension of the fireworks till what time? Mr. Odio: Oh, you're approving item 36. 142 June 7, 1990 -�F oil III Commissioner Alonso: Twelve, I think. Mr. Odio: To twelve. Commissioner Plummer: To be completed no later than 12:00. Mr. Odio: Right. Mayor Suarez: All right. -- Commissioner Alonso: Right. That's loud enough. _ Mr. Odio: But then, they also have the closing of the... = Commissioner Plummer: Restriction of retail peddlers and permission to sell beer and wine. They still have to get a State permit. I move item 36. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Lieutenant, as long as... it just triggered in my mind, fireworks and noise beyond a certain time. Mr. Manager, if you wouldn't mind instructing Lieutenant Longueira or otherwise, to check on events at the Viscava, which is a County run facility, and seems to always just have things that go on to the middle of the night with all kinds of incredible noise, fireworks, etcetera. Any time that we see fireworks at 12:00 o'clock at night in that area or 1:00 o'clock in the morning, they seem to be coming from there. I mean, it seems like we're being attacked from the south, I don't want to specify the country but, you know, it scares a few of us who have lived in repressive regimes south of... Commissioner Plummer: It's the rebels of Key Biscayne. Mayor Suarez: Really. Sometimes I think Key Biscayne is invading. All right, moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-454 A RESOLUTION CONCERNING THE 1991 CARNAVAL MIAMI PASEO TO TAKE PLACE MARCH 3, 1991, THE 8K RUN ON MARCH 9, 1991, THE BIKE DASH ON MARCH 9, 1991, CARNAVAL MIAMI INTERNATIONAL AT BAYFRONT PARK ON MARCH 9, 1991 AND CALLE OCHO OPEN HOUSE FESTIVAL ON MARCH 10, 1991 TO BE CONDUCTED BY THE KIWANIS CLUB OF LITTLE HAVANA, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENTS; AUTHORIZING THE SALE OF BEER A14D WINE IN CONNECTION WITH SAID EVENTS REQUIRED BY LAW; FURTHER RELAXING THE LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS UNTIL 12:00 MIDNIGHT FOR CARNAVAL NIGHT AT THE ORANGE BOWL STADIUM ON MARCH 2, 1991 AND IN THE VIZCAYA AREA FOR A SPONSORS PARTY ON MARCH 8, 1991 AND FOR CARNAVAL MIAMI INTERNATIONAL AT BAYF"RONT PARK ON MARCH 9, 1991; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST A14Y POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COST OF CITY SERVICES ASSOCIATED WITH SAID EVENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 143 June 7, 1990 Upon being sernnded by Commissioner Alonso, the resolution was passed and adopted by the foilewi.ng vote: AYES: Commissioner Victor De Yur.re Commissioner J. L. Plummer, Jr. =_ Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins _ Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 47. REFER TO MANAGER REQUEST BY TACOLCY ECONOMIC DEVELOPMENT CORPORATION - CONCERNING DEEDING OF PROPERTY LOCATED BETWEEN N.W. 56 AND 58 STREETS BETWEEN N.W. 6 AND 7 AVENUES TO SAID ORGANIZATION. Mayor Suarez: Item 37, Tacolcy Economic Development. Commissioner Plummer: What's the recommendation of the administration? Mr. Odio: Actually, I'm not prepared to make a recommendation. Well, this is the deeding of the property located between N.W. 56th and 58th Street between N.W. 6th and 7th Avenue. Commissioner Alonso: It's City deeds. Mayor Suarez: Is it con... Mr. Odio: I have not looked at this item. Vice Mayor Dawkins: You cannot deed it to them when we don't have the title to it. Mr. Odio: No, that's right. I can't. Commissioner Plummer: You've not looked at it? Mr. Odio: I have not. Commissioner Plummer: I'd move that this matter be deferred to the Manager. Mayor Suarez: For recommendation, but quick recommendation... Commissioner Plummer: Of course. Mayor Suarez: ...you'll probably need to move on this fairly quickly, right? And you have presumably funding in it. Do you want to make a quick presentation on how you want us to proceed on this? Mr. Otis Pitts: Of course, I'm willing to work with the Manager if that's what the Commission wishes as such. Mayor Suarez: Just wondering why it was scheduled in this fashion? Maybe it was just a way to get their attention. Mr. Pitts: I was scheduled that way at the request of staff, that I submit a letter to the Manager requesting that it be placed on the agenda for Commission consideration. Mayor Suarez: Give us your name and address, please, Otis. Mr. Pitts: My name is Otis Pitts and my address is 2021 N.W. 194 Terrace, the president of Tacolcy Economic Development Corporation. We of course, been working along with City staff regarding this particular site and... Mayor Suarez: Well., wait, then why don't we have any kind of recommendation? 144 Juice 7, 1990 1.1r. Odi.o: I have not. seen it. Vice Mayor Dawkins: We do not have a recommendation because we do not own the property. We are still trying to buy the property, Mr. Mayor. The lady owns the property has not sold us the property and we don't own it. Mayor Suarez: And how could it be on here to be deeded over if we don't own it? Vice Mayor Dawkins: I don't know. Now, that's a problem now. Commissioner Plummer: How can we deed something we don't own? Mr. Odio: I don't know who requested it, but the fact is that I have not seen it. The staff has not recommended to me anything. Commissioner Plummer: Well, excuse me. Mr. Aurelio, with the last name I can't pronounce. Sir., there is a policy of this Commission that none of these items are to be placed on an agenda without the Manager having first hand look at it. Mr. Odio: No. On funding requests. On any other requests from you, the Commission, I have to put it on the agenda. Commissioner Plummer: Well, let me tell you, sir. Why don't you get this thing done so we don't have this kind of problem? Mayor Suarez: What will it take, by the way, to have the property be owned by the City? Is the first step that we're supposed to acquire it by friendly taking and then be able to deed it over to you if we like the rest of the project? Is that the idea, Otis? Mr. Pitts: I'm assuming that's the way we'll proceed. I understand that there have been several offers and rather lengthy protracted negotiations back and forth with the owner as such. Mayor Suarez: Ali! So maybe you wanted to kind of speed up that. Mr. Pitts: Yes, and I think that as I understand it, the City is near now acquiring it. And, of course, we were just here at the request of staff to appear before the Commission. Commissioner Plummer: Let me ask a dumb question. I guess of the Legal Department. Mr. Fernandez: Yes. Commissioner Plummer: An organization such as this. We give them this piece of property for whatever reason they cease to go out of business tomorrow, what happens with the profits of that business? Mr. Fernandez: My understanding is that once they get the property, it would be built for public housing and that... Vice Mayor Dawkins: No, that's not right. Mr. Pitts and I, we all have been working... first we saw this as an eyesore. Mr. Pitts was developing the lower end and I went in and sat with him and we talked in terms of how we could take that property and enhance the neighborhood and put in affordable housing with nothing said about lower income low rent housing. And we talked in terms of developing townhouses where the City of Miami could get it's money back and they could develop the townhouses. That's why Mr. Pitts is here. This is the direction that he was given, butwe do not have the property in hand, don't ask me why, I don't know, but that's why he's here. Commissioner Plummer: That was not my question, Commissioner. My question was, for example, if Tacolcy Economic Development Corporation, for whatever reason - and this applies to all, just not you - were to go out of business tomorrow, what happens with the assets of that organization? Mr. Pitts: Well, I can't answer that. from your side. 145 June 7, 1990 PON Commissioner Plummer: No, hit. that's why T'm asking City Attorney. Mr. Fernandez: Well., in transferring the property to them, we could make a condition of the deed that we give to them that in the event that they are ever not used for the purpose which was deeded for, then it would revert. back to the City. Commissioner Dawkins: Have we been doing that with everybody? Hey... Vice Mayor Dawkins: Knowing that this was coming up, knowing that we were supposed to have a revolving fund, when we sit down with Mr. Pitts to develop the property, the cost of the property will be factored into the sale of the property. That sale price would revert back to the Miami for buying the property and we would go on to take that money to buy more property. There would be no profit in this for them to start talking about what will happen to the profits to them. I think - isn't that the way we're supposed to do it, Mr. Pitts? Mr. Pitts: Yes, I mean, that's We trust that we would get a little break on the price assuming that we - as long as we worked that factor it in, but I understand. Yes, obviously, I agree with you in principle. Vice Mayor Dawkins: Yes, yes, we have to... no, if we going to make them affordable, hey, you do it this way. Now, if we're not making them affordable, you and I are not going to bother with them. Right? Mr. Pitts: Yes, sir. Yes, yes, that's true, that's true. Commissioner Plummer: So where are we? Vice Mayor Dawkins: We've got to get the property before we can... I mean, before we can have Mr. Pitts... Commissioner Plummer: So, we're going to defer it to the Manager. Mayor Suarez: We're going to refer it to the Manager, but I would suggest a strong motion of recommendation, a quick action be taken on this and report back to the Commission for... Vice Mayor Dawkins: At the next Commission meeting. Mayor Suarez: Right. Vice Mayor Dawkins: What we're going to do. Commissioner Plummer: That's fine. Mayor Suarez: OK. I'll entertain that motion. Commissioner Plummer: So move. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-455 24 A MOTION DEFERRI14G AND REFERRING TO THF. CITY MANAGER REQUEST RECEIVED FROM TACOLCY ECONOMIC DEVELOPMENT CORPORATION CONCERNING THE DEEDING OF THE PROPERTY LOCATED BETWEEN N.W. 56 AND 58 STREET BETWEEN N.W. 6 AND 7 AVENUES TO SAID ORGANIZATION; FURTHER DIRECTING THE MANAGER TO ACT EXPEDITIOUSLY ON SAID REQUEST AND sue. TO BRING BACK A RECOMMENDATION TO THE COMMISSION. Upon being seconded by Commissioner Dawkins, the :notion was passed and adopted by the following vote: 146 June 7, 1990 �F �y I[] 11 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. Pitts: Thank you very much. Mayor Suarez: Surely. 48. AUTHORIZE DONATION OF UP TO 10 SURPLUS POLICE PATROL CARS (VEHICLES) TO THE CITY OF WEST MIAMI, WHEN AVAILABLE, DURING DESIGNATED PERIOD. Mayor Suarez: Mr. Jose Matas, City of West Miami. Commissioner Plummer: As far as their request, Mr.... Vice Mayor Dawkins: Hey, welcome. Mr. Jose Matas: How are you? Commissioner Plummer: Mr. Mayor, I would suggest to this Commission that we have other commitments that are already standing. We will not have any vehicles until later on in the year. At such time as those vehicles become surplus, that, in fact, we will make their request as part of the transaction. I would so move that we authorize the Manager to make some available when they are available, And I so move. Commissioner Alonso: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Victor, it isn't big enough. No, it's not big enough. I need a bigger one. Much bigger. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-456 A RESOLUTION CLASSIFYING UP TO TE14 (10) SURPLUS POLICE PATROL SPECIFICATION CARS AS CATEGORY "A" STOCK, SHOULD SUCH CARS BECOME AVAILABLE AS SURPLUS CITY STOCK; FURTHER DONATING THE SAME TO THE CITY OF WEST MIAMI, FLORIDA, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN APRIL 15, 1990 AND APRIL 14, 1991, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, SAID VEHICLES TO BE USED BY THE CITY OF WEST MIAMI, FLORIDA, IN ITS EFFORTS TOWARD DETERRING CRIME. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: 147 June 7, 1990 11 U AYF.,S: Commissioner Vi.ctnr 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: I thought these things were going to stop once we had a lady on the Commission, but apparently, it's not having the correct effect, Commissioner Alonso, so... Mr. Matas: Thank you very much. Commissioner Plummer: We're putting her on a board. ------------------------------------------------------------------------------- 49. (A) APPOINT INDIVIDUALS TO BAYFRONT PARK MANAGEMENT TRUST (Appointed were: Ruth Greenfield, Jose Garcia Pedrosa, Joseph Klock, Mario Williams, Athalie Range and Bobbie Mumford). (B) SUPPORT BAYFRONT PARK MANAGEMENT TRUST'S RECOMMENDATION OF ALAN L. WEISBERG AS CHAIRPERSON. Vice Mayor Dawkins: Thirty-nine. Mayor Suarez: Item 39. Commissioner Alonso: Thank you very much, sir. Vice Mayor Dawkins: It's my item, 39. Commissioner Plummer: Thirty-nine. Oh, oh. Where... Mayor Suarez: Bayfront Park Management Trust. There he is, our friendly.... Commissioner Plummer: Ira, come on, get up here. I'll fight your battle for you. Give me the four names. Mr. Ira Katz: OK, we're asking for a reappointment of... Vice Mayor Dawkins: Wait a minute, hold it, now. Four names, right? Commissioner Plummer: It's four vacancies. Vice Mayor Dawkins: That's right, four. Mr. Katz: I'm sorry, Commissioner, pursuant to the attachment we sent, we originally asked for six. Three appointments, three new members. Vice Mayor Dawkins: No, no, no, no. You originally asked for four appointments. That's what you originally asked for. Now, you've gone back and you originally coming back for three. No, that's not fair, Mr. Mayor. Commissioner Plummer: How many we got? Let me see it. Mayor Suarez: What's going on? - Vice Mayor Dawkins: They appointed one during the last time and now he's going to come back and ask for three. Mr. Katz: No, Conunissioner Dawkins, we did not appoint anybody. You deferred this matter last time, sir. Commissioner Plummer: Yes, you deferred it. Mayor Suarez: We kept the whole tieing pending? -we didn't even appoint the one? 1 148 June 7, 1990 j �'3 Mr. Katz: Yes. Yes, We did. Mayor Suarez: All right, what's the recommendation then? Mr. Katz: We asked for three appointments and we originally asked for three new appointments since the time we sent the letter in, one person has withdrawn his name. Commissioner- Plummer: Who are the four names? Mr. Katz: OK, reappointments Ruth Greenfield, reappointment Jose Garcia Pedrosa, reappointment Joe Klock, Mr. Williams has withdrawn his name and asking for two new members, Miss Range and Miss Bobbie Mumford, pursuant to Commissioner Alonso's request. Mayor Suarez: OK. I'll entertain those in the form of a motion. Commissioner Plummer: Wait, a minute, let me see if Miller has got any problems. Vice Mayor Dawkins: Yes, I got a problem. Commissioner Plummer: All right, tell me where it is. Vice Mayor Dawkins: I got a problem in that this gentleman came here at the very beginning and told me we had four openings - listen to me - and said, that we had an opening for three Blacks and one Hispanic. That's what they said. And that we were supposed to appoint those. I got into a hassle about one of them. Now, they come back and tell me we never needed four. We only need three. All right? Mr. Katz: We have more openings, Commissioner, but at this point, we have not filled them. Vice Mayor Dawkins: Well, see, then appoint none. All right, I move that we don't appoint anybody till you come back with all of the openings. Mayor Suarez: So moved. Commissioner Plummer: What do you mean? -with all... let me... Vice Mayor Dawkins: Hey, he say he's got other openings but he's not prepared... Mayor Suarez: It just happened. I think it just happened. Commissioner Plummer: The only reason that it's basically increased is to give Commissioner Alonso two appointments. That's why we increased it. Vice Mayor Dawkins: Well, then, give her two and forget about it. Commissioner Plummer: No, the others are up for reappointment, Commissioner. These are not new appointments unless you wish to put and replace somebody that's presently there. Mayor Suarez: Now we have had since the last Commission meeting, Vice Mayor, we've had some .resignations... Commissioner Plummer: That is correct. Commissioner Alonso: Yes.... Mayor Suarez: And they just haven't had any time to make any recommendations with us. Mr. Katz: This has been within the last week. Vice Mayor Dawkins: I'll do it this way. You go ahead. Commissioner Alonso: How many resignations? 149 June 7, 1990 —3 -r' AML Commissioner Plummer: Two. Mr. Katz: We've had within the last week, we had two this week. Commissioner Plummer: Right. Mayor Suarez: OK, you don't have recommendations on those yet? _ Mr. Katz: No, we... they just came in this week. _ Commissioner Plummer: No. Mayor Suarez: But you were going to take input from... _ Vice Mayor Dawkins: OK, let me tell you, let me tell you what I will do. Commissioner Plummer: Tell me. Vice Mayor Dawkins: All right, I will take the two from Commissioner... Commissioner Plummer: Alonso. Vice Mayor Dawkins: Alonso. Take the two of being reappointed... Mayor Suarez: Reappoint them. Commissioner Plummer: Three, isn't there - reappoint. Three reappointments. Mr. Katz: Three are being reappoint... Vice Mayor Dawkins: Three reappointments? Commissioner Plummer: Yes. Vice Mayor Dawkins: And I appoint the Hispanic - what's his name? -Mr. Wi... what's his name? Commissioner Alonso: Mario Williams. Vice Mayor Dawkins: Mr. Williams - and I'll appoint Mr. Williams. Commissioner Plummer: No, he has surrendered... Mr. Katz: He has respectfully declined. Vice Mayor Dawkins: That's all right, I'll appoint him and let him get appointed and withdraw. Mayor Suarez: Let's build into the motion then, that we will ask Mario Williams to reapply for... Commissioner Plummer: Well, wait a minute. Vice Mayor Dawkins: No, no, no, 1 want to appoint... you see, you all got me hung up into this. Mayor Suarez: You want to just appoint him? Commissioner Plummer: Can you appoint when he has sent a letter saying that he won't.? Vice Mayor Dawkins: You all. got me hung up into this and I'm against the Black Hispanic. Mayor Suarez: All right, we'll appoint him. Vice Mayor Dawkins: You all got me into all of this, so I'm going to appoint the Hispanic who is Black. Commissioner P1uRuner: All right, whoa, whoa, whoa... Vice Mayor Dawkins: Now, if that lispanic wants to resign, let him resign. 150 June 7, 1990 Commissioner Plummer: fine, I move it as presented. OK? Vice Mayor Dawkins: That's all. Mayor Suarez: OK, thank you. Vice Mayor Dawkins: OK? Mayor Suarez: Because we've got two resignations so we can try it. Commissioner Plummer: Now, does that cover us on what we need? Mr. Katz: Yes, sir. Commissioner Plummer: OK, what about the chairman? Mr. Katz: Yes, the board has requested that Alan Weisberg be named chairman. Commissioner Plummer: Who is Vice Pres... the only Vice President now and that he be... Vice Mayor Dawkins: Well, why is it when Lori Weldon was Vice Chairman, you all didn't elevate her to the Vice Chairmanship? Commissioner Plummer: I wasn't there. Mr. Katz: I don't vote on that, Commissioner. Vice Mayor Dawkins: Say what? Commissioner Plummer: All I can tell you is that the recommendation... Vice Mayor Dawkins: I move that that be deferred to let them go back and reconsider it. Mayor Suarez: OK, let's vote on the first item, please, so the board can function, otherwise... Commissioner Plummer: Now, do we get all of the... Vice Mayor Dawkins: Stand up Lori so they can see you and I think they'll understand why they didn't elevate you. Thank you, sit down. Commissioner Plummer: Question. Mayor Suarez: As to the first motion, Madam... Commissioner Plummer: Does the appointments made by this Commission cover all of the slots that we had open? Mr. Katz: Presently, we have a couple more that will be reevaluated that just resigned this week. Commissioner Plummer: OK, and then we'll come back and re... Mr. Katz: Right. Commissioner Plummer: OK. Mayor Suarez: As to the first... Vice Mayor Dawkins: So we're appointing five people. Mayor Suarez: Right. Mr. Katz: Yes, sir. Mayor Suarez: I'll entertain a motion and then... do we have a motion and a second on that? Commissioner Plummer: No, rio... i51 June 7, 1990 Mr. Fernandez: No, no, s.x. Commissioner Plummer: Seven. Two of Alonso... Vice Mayor Dawkins; Yes. Commissioner Alonso: No, no, I have only one, but... Commissioner Plummer.: But you want two. And you can surrender the other name. Mr. Fernandez: Is Miss Mumford, is Mumford is.... Commissioner Alonso: I have Bobbie Mumford is the only one that I... Commissioner Plummer: But don't you want to name another one? -eventually? Commissioner Alonso: Yes... Commissioner Plummer: So we'll leave that open. Commissioner Alonso: OK. Mayor Suarez: Leave that one open for... Commissioner Plummer: That's two. Commissioner Alonso: Great. Mayor Suarez: ...written appointment. Ms. Hirai: Two, and one chairperson. Commissioner Plummer: Well, the chairperson he wants to defer, the chairman. Vice Mayor Dawkins: Yes. Ms. Hirai: Oh, I see, so then it's five. Commissioner Plummer: I hope Osmundo will stay on until... Mayor Suarez: No, I don't think the chairmanship at this point has anything to do with the appointment of members, because his term is not up. Is it? y Mr. Fernandez: No. Mayor Suarez: Mr. Weisberg or Lori Weldon's? Commissioner Plummer: No, no. Commissioner Alonso: No. Mayor Suarez: So that has nothing to do with it, Madam City Clerk, please, let's vote on the membership. Commissioner Plummer: That's a separate issue. Mayor Suarez: We have a motion and a second on that. Call the roll on that. Ms. Hirai: I need a second, Mr. Mayor. I have Commissioner Plummer moving it. Commissioner Alonso: Second. Mayor Suarez: I need an hour. Go ahead, call the roll. 152 dune 7, 1990 7 The following motion was i.ntrndtrced by Commissinnpr P].ummFr, who rnovp.d its adoption: MOTION NO, 90-457 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE BAYFRONT PARK. MANAGEMENT TRUST: RUTH GREENFIELD (FOR 3 YEARS) JOSE GARCIA PEDROSA (FOR 3 YEARS) JOSEPH KLOCK (FOR 3 YEARS) MARIO WILLIAMS (FOR 3 YEARS) ATHALIE RANGE (FOR ONE YEAR) BOBBIE MUMFORD (FOR 3 YEARS) Upon being seconded by Commissioner Alonso, 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 NOES: None. ABSENT: None. Mayor Suarez: Now... Commissioner De Yurre: Let me state for the record that Mr. Martinez spoke to me over the last couple of days and he expressed the fact that he doesn't have time to continue serving... Commissioner Plummer: That's correct. Commissioner De Yurre: ...he's been at it for two years as chairman. Mayor Suarez: The chairman has served honorably. Commissioner De Yurre: And, you know, he's looking to be replaced. He wants to stay on as a member but he's looking to be replaced as chairman. Commissioner Plummer: Well, I can only say for the record that the board recommended the vice president... Mr. Katz: Mr. Weisberg. Commissioner Plummer: Weisberg, as their recommendation. Mayor Suarez: OK, what do you want to do on the chairmanship? We have a move... Vice Mayor Dawkins: I tell you what, you go right ahead. Make your motion, then I'll make mine. Mayor Suarez: OK, we have... Vice Mayor Dawkins: Make a motion. Commissioner Plummer: I'll make the motion of what the board recommended, the first vice president. Mayor Suarez: So moved. Vice Mayor Dawkins: Is there a second? Mayor Suarez: So moved going twice. Commissioner De Yurre: I'll second. Mayor Suarez: Seconded. Any discussion? 153 June 7, 1990 Vice [Mayor Dawkins: Under discussion. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. City Attorney, what do we have to do to dissolve that board and get another one? Commissioner Plummer: Three votes. Mr. Fernandez: An ordinance rescinding the ordinance that created that. Vice Mayor Dawkins: All right, all right, when this vote is over, I'm going to make a motion that we rescind this board and get another one and start over so the board will be reflective of the community and that individuals, even though they may be female, as Lori Weldon is, or they may be "other", as Lori Weldon is, they get a. chance to elevate to the chairmanship. They passed over her three times and now, all of a sudden, you're going to come up here - this guy here, he no longer wants to be it, he's tired and - what's that word? Commissioner Plummer: Who did they recommend for Vice President? Vice Mayor Dawkins: My governor - my presidential, my candidate says, Chiles burnout. He's burnt out. So now, he does no longer want to be. Mayor Suarez: Call the roll on the ,notion. Commissioner Plummer: Well, that's better than being Martinez, because he burned up. Mayor Suarez: I invoke both the anti -filibuster and anti -harassment clauses in Mason's Rules of Procedures and call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-457.1 _ A RESOLUTION APPOINTING THE CHAIRPERSON OF THE B.AYFRONT PARK MANAGEMENT TRUST; AND APPOINTING AND REAPPOINTING CERTAIN INDIVIDUALS TO SAID TRUST. (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 Plummer: I don't know what the hell I'm voting on, but yes. Mayor Suarez: Yes, on the chairmanship as recommended. COMMENTS MADE FOLLOWING ROLL CALL: Vice Mayor Dawkins: Now, I'll try a motion. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: I'll try a motion that the amity Attorney bring back a m resolution attempting to... 154 June 7, 1990 Commissioner Plummer: To dissolve. Vice Mayor Dawkins: ...restructure or dissolve the board and start over at the next meeting. Mr. Fernandez: Certainly. Vice Mayor Dawkins: 'Thank you. Mayor Suarez: What do you mean certainly? Commissioner Plummer: What do you mean, certainly? Wouldn't yes suffice? You like Sweetwater, eh? Mayor Suarez: Wouldn't a vote be important on this, Mr. City Attorney, before you go off and draft things, sir? We have a motion. Do we have a second? Vice Mayor Dawkins: All right, then that... Commissioner Plummer: Well, wait a minute, wait a minute, wait a minute. Mayor Suarez: Wait, wait. Wait, wait, there may be a second. I got to call three times. Vice Mayor Dawkins: No, I ain't got no problem with it. No, I'll send my memo to do it, I ain't got no problem with that. All I have to do is send a memo. Commissioner Plummer: No, no, no, wait a minute, whoa. So that we settle the issue, I will second the motion. Mayor Suarez: Seconded. Any discussion? If not, please call the roll on the drafting of an ordinance that... Vice Mayor Dawkins: No, I withdraw my motion. Commissioner Plummer: No, no, no, no. Vice Mayor Dawkins: I withdraw my motion and I will send the City Attorney a memo requesting that he draft this and put it on the next agenda. Mayor Suarez: All right. So requested. 77 Commissioner Plummer: So nobody gets a mis-impression, it was going to be a negative vote, four to one. Who the hell told you what I was doing? Mayor Suarez: I am not saying how the vote was going to come out. I have my own ideas. All right. Commissioner Plummer: I was going to settle it. Mayor Suarez: As to item 40, Ron Cohen recoupment of fees in those various cases... Mr. Fernandez: It's withdrawn. Mayor Suarez: Is that withdrawn? -item 41. Positive, Inc. Mr. Fernandez: Withdrawn. 155 June 7, 1990 50. GRANT REQUEST FROM LEND -A -HAND, INC. FOR USE FEE WAIVER OF IIAR114E STADIUM IN CONNECTION WITH ITS POPS -BY -THE. -BAY EVENT. Mayor Suarez: Item 42, Lend a Hand Fund. We need a hand here. OK, item four... thank you, Mr. Vice Mayor. Forty-three, Black firefighters. Commissioner Plummer: Wait, what about 42? Mayor Suarez: They said they're not here. Mr. Odio: Wait, wait, I need to... we recommend 42. Mayor Suarez: I'm sorry, Mr. Manager? Who was that? Mr. Odio: This is for Pops on the Bay. Commissioner Plummer: This is treason, fraternizing with the enemy, the Miami Herald. Mr. Odio: This is the three... Mayor Suarez: OK, is this the same terms as other years? Mr. Odio: Yes, sir. Mayor Suarez: And have they been paying up pretty good in other years? Do we have... Mr. Odio: Yes, sir. And they have a substantial... Mayor Suarez: Yes means, how much? Cuanto, cuanto? Mr. Odio: They have a substantial to this event, I believe it's $75,000. All they're asking is for the fee... Mayor Suarez: Cuanto? Mr. Odio: For the rental waiver... Commissioner Plummer: The rental... Mr. Odio: ...it is important for the Marine Stadium. We make a lot of revenue on the concessions. Vice Mayor Dawkins: Move it. Mayor Suarez: All right, moved. Seconded by Commissioner Alonso. She's smiling, that's close enough. Commissioner Alonso: Come on now. Mayor Suarez: And Commissioner Plummer too because he wants to fraternize with the Miami Herald. Commissioner Plummer: Let me put one proviso in there, OK? In waiving the fee, I hope that the Miami Herald will show the City of Miami as a co-sponsor. Mayor Suarez: We call it the Miami Herald. Mr. Odio: They do, they do on every program. Commissioner Plummer: OK. Mayor Suarez: All right., call the roll on the motion. Commissioner Plummer: I mean, I realize they don't like us, but. 156 June 7, 1990 The following resolution was introduced by Commissioner na:akins, who moved its adoption: RESOLUTION NO. 90-458 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, 'TERMS, AND CONDITIONS FOR THE USE OF THE, MIAMI MARINE STADIUM IN SUPPORT OF THE "POPS BY THE BAY" CONCERT SERIES TO BE PRESENTED BY THE PHILHARMONIC ORCHESTRA OF FLORIDA AND THE MIAMI HERALD LEND -A -HAND FUND AS COSPONSORS, TO BE HELD AT SAID STADIUM ON JULY 4, 14, AND 21, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WHICH SHALL CONTAIN PROVISIONS FOR SAID SPONSORS' PAYMENT OF ALL PERSONNEL EXPENSES, INCLUDING POLICE, CLEANUP, AND FOR SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Definite maybe. Mayor Suarez: It's one of those days. 51. GRANT REQUEST FROM BLACK FIRE FIGHTERS FOR USE OF DESIGNATED STREETS IN CONNECTION WITH THEIR MEMORIAL MARCH. Mayor Suarez: Forty-three, Black fire fighters. Vice Mayor Dawkins: The Manager told me that it was covered and Mayor Suarez: It was resolved. Very good. Vice Mayor Dawkins: Go right ahead. Mayor Suarez: Forty-four, thank you. _ Commissioner Plummer: We're going to go home. Mayor Suarez: South Florida Carnival Bandleaders Association. There he is. We just need a street closure and such? Commissioner Plummer: Move it. Mr. Odio: On the Black fire fighters? -yes. Commissioner Plummer: No, 44. Mayor Suarez: No, no, the South Florida Bandleaders. Mr. Odio: Wait, wait, wait. I need to go back, Conunissioner Dawkins, to 43. 157 June 7, 1990 ------------ Vice Mayor Dawkins: Yep. r. MOdio: There are some use of streets that I need o put on the record. _ r Mayor Suarez: OK, I'll entertain a motion on the recommended use of streets by the Manager on 43. Commissioner Plummer: So move. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Call the roll on that. Subject to your recommendation and specifications, Mr. Manager. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-459 A RESOLUTION APPROVING THE USE OF CERTAIN STREETS IN DOWNTOWN MIAMI DURING THE BLACK PROFESSIONAL FIRE FIGHTERS MEMORIAL MARCH TO BE CONDUCTED BY THE INTERNATIONAL ASSOCIATION OF BLACK FIRE FIGHTERS ON MONDAY, AUGUST 27, 1990, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW IN THE OMNI AND DOWNTOWN AREA; FURTHER CONDITIONED UPON ORGANIZERS PAYING, FOR ALL NECESSARY COSTS OF CITY SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (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. 52. GRANT REQUEST FROM SOUTH FLORIDA CARNIVAL BANDLEADERS ASSOCIATION, INC. FOR RENTAL FEE WAIVER, CLOSURE OF DESIGNATED STREETS, RESTRICTION OF RETAIL PEDDLERS, AND PERMISSION TO SELL BEER AND WINE IN CONNECTION WITH ITS FESTIVAL. ------------------------------------------------------------------------------- Mayor Suarez: Item 44. South Florida Carnival Bandleaders. Other than street closure, what else do you need? -permission to sel; peer and wine? Commissioner Plummer: Move it, that's it. That's all th y get. Mr. Jorge Fernandez: No, retail... UNIDENTIFIED SPEAKER: That's all I need at this time, Corrunissioner. Vice Mayor Dawkiris: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. TYiat. `s all subject to ,your recommendations again, Mr. Manager, and specification? 158 June 7, 1990 777 �- Awl AW Mr. Odio: They also want $630 waiver of park fees and... Commissioner Plummer: No, no, no. No, no, no, no. Mr. Fernandez: Only street closures. Mr. Odio: And the street closures, that's... UNIDENTIFIED SPEAKER: Yes, as is. Commissioner Plummer: You mean the rental of the fee? -of the park? Which park? Mr. Odio: Yes, waiver... Mayor Suarez: Just the rental. Commissioner Alonso: Just the rental. Mr. Odio: Bicentennial. Commissioner Plummer: Well, OK, hold on a minute now. Mr. Mayor, I don't know if your office, as I did, receive, Mr. Manager, please, Longueira, listen to me. I caught holy hell from Central Baptist Church. Last Sunday morning you had a bicycle race— Lt. Joseph Longueira: Bike race, I... Commissioner Plummer: ...downtown and their church people could not get to church because the streets were closed. That is wrong. OK? I don't know why they couldn't have a bicycle race inside of Bicentennial Park and you don't have to block any of the streets? OK? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: But I'm telling you, that that's when you deny a person the right on Sunday morning, to get to church and some of the cars were towed, I understand, that's wrong and I would hope that the City Attorney would contact those people and get those cars released free of charge. Because they were towed and I think they wanted $88 or $98 to recover their cars for going to church, is wrong. OK? Vice Mayor Dawkins: What you're saying, J. L., that those who paid that you want to reimburse. Commissioner Plummer: That's exactly... Vice Mayor Dawkins: Because if their cars... Commissioner Plummer: This City, I feel, should reimburse them. Vice Mayor Dawkins: OK, all right, I agree. - Mr. Fernandez: You need to identify the funds from which they will be - reimbursed. Commissioner Plummer: The City Attorney's budget. - Vice Mayor Dawkins: Same on they put them in. The same one they put them in. Commissioner Plummer: I identified it, City Attorney's budget. Take a vote. UNIDENTIFIED SPEAKER: Commissioners; we speaking about... Commissioner Plummer: That also goes for the... Commissioner Alonso: City Attorney's pocket is w1:at you said? Mr. Fernandez: No, no, no. Mr. Plummer is kidding, please. Commissioner Plummer: The hell I'm kidding. -r i59 June ?, 1990 Aft Mr. Fernandez: You are, sir. Commissioner Plummer: You asked me to identify a fund. I dial. Mr. Fernandez: I asked you on behalf of the Manager. Commissioner Plummer: No, you didn't say that. _ Mr. Fernandez: Yes, I did. - Vice Mayor Dawkins: Well, the Manager doesn't speak English? Commissioner Plummer: No. Commissioner Alonso: I say his pocket, I like it better. Mayor Suarez: What's the pending motion, Madam City Clerk? Ms. Hirai: On 44 there's a motion and a second for 44 as presented. Commissioner Plummer: I moved it. Mayor Suarez: All right, call the roll on that motion. Ms. Hirai: Yes, we have the motion. Mayor Suarez: OK. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-460 A RESOLUTION CONCERNING THE CARIBBEAN AMERICAN CARNIVAL DAY TO BE CONDUCTED BY THE SOUTH FLORIDA CARNIVAL BANDLEADERS ASSOCIATION, INC. ON SUNDAY, i OCTOBER 7, 1990 PROVIDING FOR THE CLOSURE OF e DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC, ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE -- OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, = RESCUE AND INSPECTION SERVICES; AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; - _- FURTHER AUTHORIZING THE WAIVER. OF THOSE FEES WHICH ARE = SUBJECT TO WAIVER BY CITY CODE PROVISIONS FOR PARKS _ FEES AND EQUIPMENT RENTAL IN SUPPORT OF SAID EVENT; _ CONDITIONED UPON ORGANIZERS PAYING FOR THE NECESSARY - COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT A14D = -= THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. _ (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. UNIDENTIFIED SPEAKER: Just a question, CoRLmissi0ners, this is on street - closures, restriction of retail peddlers and permission to sell beer and wine in connect... 160 June 7, 1990 E 11 Mayor Suarez: That's right. UNIDENTIFIED SPEAKER: OK. Mayor Suarez: And rental waiver too, no? UNIDENTIFIED SPEAKER: Right. Commissioner Alonso: Yes. Mayor Suarez: All right... UNIDENTIFIED SPEAKER: Thank you. Mayor Suarez: ...we are scheduled on the next item. Vice Mayor Dawkins: At the discretion of the Manager. You still have to go to the Manager to get it okayed. Mr. Odio: Item 45, no? Mayor Suarez: I think there's a request, I think Commissioner Alonso is going to report on that, that there's a request by both sides... Commissioner Plummer: 45 is yours. Commissioner Alonso: This item was deferred. Yes. Commissioner Plummer: It's withdrawn. Commissioner Alonso: have an agreement by next week, hopefully. Mayor Suarez: ...to withdraw the item pending the hopeful resolution by... Commissioner Plummer: Forty-six has been deferred. Ms. Hirai: Mr. Mayor... Vice Mayor Dawkins: By who? Commissioner Alonso: No way. Ms. Hirai: Excuse me, I have a question, sir, on the last motion, 44. As presented and also a waiver of the rental fee? Mr. Fernandez: Yes. Commissioner Plummer: Yes. Ms. Hirai: Yes, thank you. 53. ANNOUNCE AND TEMPORARILY TABLE SCHEDULED DISCUSSION CONCERNING THE CITY OF MIAMI BUDGET, PROPOSED LAYOFFS, AND SALARY REDUCTIONS (See label 56). Mayor Suarez: OK, item 46 is scheduled for 6:00. It would be unfair to try to take it up any earlier unless you want to begin some discussion by the Commission at 5:30 and then take input from the public, or we could just wait till 6:00. However you want to do it. Commissioner Plummer: Can I ask basically, what the discussion is going to be on? I mean, it's a little early for budget. Are we going to be addressing the whole budget issue? Are we going to be... who asked for it to be put on? Vice Mayor Dawkins: Me. Commissioner Alonso: Well, we all did. 161 June 7, 1990 Ll Commissioner Plummer: OK. Vice Mayor Dawkins: We all did. Commissioner Plummer: Well, all right, fine. Vice Mayor Dawkins: We all did. Mayor Suarez: Yes. Commissioner Plummer: .Answer this question for me. Are we going to speak to the issue which you brought before of the five percent. cut... Commissioner Alonso: Yes. Commissioner Plummer.: ...or are we going to open it up and speak to all issues of budget? Commissioner Alonso: Well, I'll be open to talk about whatever you want, but what I want is the five percent cut. I want the freeze and I want the items related to that basically. And then if we go... Commissioner Plummer: But can we limit it... Commissioner Alonso: ...into some of the items that we have to go into... Mayor Suarez: We have to discuss layoffs and some other things. Commissioner Alonso: Layoff, it's the item that is really concerning us and I want the five percent cut. Commissioner Plummer: Yes, because... well, I guess the reason I'm asking... Commissioner Alonso: Well, what you don't want to go in all details of the budget... Commissioner Plummer: All right. Commissioner Alonso: ...I agree with you. Yes. Commissioner Plummer: Let me understand with you, just so maybe we can cut this short. I understand maybe or maybe not, there are 500 firemen corning down here. There's a only a handful of firemen that are going to be affected by your five percent cut. So I'm asking, is the scope of what we're going to talk about been delineated or are we going to open up Pandora's box and be here for three days? Commissioner Alonso: We hope not. Commissioner Plummer: You're limiting to the scope of those items which you've discussed before. Commissioner Alonso: I hope that that will be the case, yes. -= Mayor Suarez: We're going to be ready with the anti -filibuster provision. Commissioner Plummer: Well, not me, I'm trying to cut it... - Vice Mayor. Dawkins: Well, I don't know about 500 firemen, but I got, 1' think, the Manager left me with 349 sanitation workers. They will be here, all 349 of them. Commissioner Plummer: I can't imagine but maybe five of the sanitation _ workers that are affected by the five percent. Vice Mayor Dawkins: Ali, I'll show you differently. Commissioner Plummer: By the five percent? That's What I'm asking... Commissioner Alonso: No, by the cut now. He's talking about layoff. Vice Mayor Dawkins: No, I'm talking about. the layoffs. 162 June 7, 1990 Mayor Suarez: Layoffs, ninety-ninAs, etcetera. Commissioner Alonso: He's talking about layoff? That's the key of what we're discussing. Vice Mayor Dawkins: I want to discuss the layoff. Mr. Odi.o: I'm not laying off any solid waste. Commissioner Alonso: That's the key of what I want, that's why I'm asking for the cut. Mayor Suarez: Well, Commissioners, the only thing... we will be discussing this at either 5:30 or 6:00. What's your preference? Vice Mayor Dawkins: Five thirty, sir. Mayor Suarez: We begin at 5:30 and we'll take public input beginning at 6:00 p.m. as scheduled. We're adjourned until 5:30. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:54 P.M. AND RECONVENED AT 5:38 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Mayor Suarez: Commission please come to order, everyone please in the chambers. I see that we have pretty good representation from the AFSCME. And we're happy to see you, of course, as any other City employees, unions, etcetera. Vice Mayor Dawkins: Mr. Mayor... 54. PERSONAL APPEARANCE: STATE REPRESENTATIVE ELAINE BLOOM PRESENTS TO THE CITY, AS A GIFT FROM THE FLORIDA LEGISLATURE, TWO FLAGS WHICH HAVE BEEN FLOWN AT THE CAPITOL IN TALLAHASSEE. Mayor. Suarez: I'd like to just recognize very quickly State Representative Elaine Bloom has a presentation to make. We wart to thank the State Representative whose district encompasses part of our jurisdiction and otherwise, even outside of our jurisdiction, for the support given to our programs in this legislative session. And assuming they don't get vetoed and so on, I think we did reasonably well. Madam State Representative. Rep. Elaine Bloom: Mr. Mayor, we're counting on you and the members of the board of City Commissioners to keep the governor from vetoing anything that's important to the City of Miami. Mayor Suarez: I'm not going to answer that for myself, but... Ms. Bloom: All right, if necessary I'll go with you. Vice Mayor Dawkins: I'm going to attempt to see that he don't veto for next year. Ms. Bloom: Oh, I understand what you're saying. Vice Mayor Dawkins: Thank you. Ms. Bloom: I understand, yes. We're all dedicated to that including the good people from AFSCME. Gentlemen of the City Commission, I'd like to have the honor of telling you that a very lovely young man who devotes himself tremendously to this community, named C.J. Ortiz, came to me and said, you know, I notice that there's a very tattered flag of the State of Florida standing on top of the City Commission Chambers. And - I'm sorry, I didn't see you here - lady and gentlemen of the City Commission. I am extremely very 163 June 7, 1990 proud of the fact that you are here too. C.J. Ortiz then dedicat.Ad himself to getting flag that had flown at the top of the Capitol of the State of: Florida so that you would have an appropriately used flag for the purpose of showing that this is a very proud part of the great State of Florida. So, it's a great honor for me, with the assistance of C.J. Ortiz, to present ,you this flag which has flown in the Capitol of Florida in Tallahassee and we have this flag... (Applause) Ms. Bloom: ...thank you. Mayor Suarez: Very good. Ms. Bloom: So that we don't... Mayor Suarez: And it gives us a special argument that we're entitled to some of that twenty-seven and a half billion dollars in the State budget. Ms. Bloom: Absolutely. But you were entitled to more than what would seem to be your share for the fact- that you are responsible for putting in more than your share. And I'd also like to call to your attention that we want you to have the companion great flag of the great nation of the United States so that you will have two beautiful shining new flags flying on top of this building, letting the people of Miami know that the flag that has flown over the Capitol of the United States - a flag that has flown over the Capitol of the State of Florida - are both here representing all of us. If I may. Today is "Earth Day." Both of these flags flew on "Earth Day," April 22nd, which has a special significance, but for me the very special significance is that you will help us celebrate the first official "Flag Day," in the State of Florida because this year, June 14th, is officially a State holiday, recognized because of Representative John Cosgrove's very excellent piece of legislation which I believe was sponsored in the Senate by Senator Larry Plummer and because of that great piece of legislation, "Flag Day," June 14th, is an official State holiday, and you will have a new flag for that holiday. Would you like to help me open it? Mayor Suarez: Thank you very much, Madam Representative. We'll fly both flags with all the honor that they deserve. It's particularly important that we replace our tattered flag of the State of Florida. Wouldn't want anybody to make anything of that fact. Very good. Thank you. (Applause) Ms. Bloom: And Mr. Mayor, I would like to let you and the members of the Commission know that C.J. Ortiz also dedicated himself to the Columbus Hemisphere Commission and the activities that will take place with the City of Miami in 1992, so I know that since we did pass that piece of legislation, lots of good things will come to the City from that event as well. Thank you. Mayor Suarez: Fantastic. I know we've been designated as one of the two cities by the State of Florida to stage that, all the activities. Ladies and gentlemen, let me tell you that there's a lot of space up there. The Vice Mayor is suggesting some of you might want to go upstairs. I believe the sound is good upstairs, you can hear well and might have a little bit more room to breathe and otherwise - I wish we he had a bigger chambers. One of these days maybe, in our budget, we'll include something for larger Commission Chambers. Vice Mayor Dawkins: Mr. Mayor, I'd like a point of special privilege. Mayor Suarez: Vice Mayor Dawkins. Thank you, Madam Representative. ='s -1 —i 164 June 7, 1990 Aft 55. AUTHORIZE EXTENSION OF LOAN TO OWNERS OF THE FREEDOM TOWER (ZAMINCO) FOR ONE YEAR, AT A HIGHER INTEREST RATE, SUBJECT TO PROVISOS AND APPROVAL FROM HUD. Vice Mayor Dawkins: The owners of the Freedom Tower have asked me to ask for an extension on their loan. As you know, they have a loan that is recallable in 48 hours. One of the criteri.as for obtaining that loan is, you must have money to put in the bank so that in the event that the City of Miami wants the money, it can get it in 48 hours. They have a loan that's going to fall due on the 15th, and I would like to at their request, offer a motion to extend the loan for one year, not at the present one percent interest, but at 7 percent interest, and that they bring a letter of credit on a local bank. They now have a letter of credit on a California bank. We should have it with a local bank. Number three, I would also impose on them that they pay $100,000 interest on the loan and that they - on the existing loan - and that they pay $.1.2 million dollars of the principal now, and that the remaining of the loan would fail due in 48 hours, but that loan would have to be secured by a letter of credit in a local bank, and I would so move. Mayor Suarez: So moved. I presume it's subject to the administration working out all the legalities and so on in accordance with the... I think its from the C.D.B.G. program. Commissioner De Yurre: OK, I got no problem and I'll second it for discussion purposes. Mayor Suarez: Seconded by Commissioner De Yurre. Commissioner De Yurre: As long as - like the Mayor was saying that everything is legal because I don't know exactly the ramifications of the legalities of what is being proposed here, but if it is acceptable, to H.U.D. and all the entities involved then, you know, I got no problem with it. Vice Mayor Dawkins: Oh, yes, by all means. It's got to be legal. Mr. Odio: We will contact H.U.D. immediately once this is done and if they approve it, then its subject to their approval. Mayor Suarez: What is it that we read about some kind of a job program or something being in any way preempted by this? -I mean... Mr. Odio: No, that... Mayor Suarez: ...it's the most confusing article I've read in my entire life. Mr. Odio: No. The fact is that they had to qualify on their HUD requirements. There is two criterias they have to meet. We... Mayor Suarez: The only thing its competing against is anyone else that car. qualify for a floating loan of this sort at a lower interest rate than market, although seven percent is getting a little closer to market. Mr. Frank Castaneda: No. Mr. Odio: In order to qualify for this, you would have to have actually four point some million dollars in the bank. Mayor Suarez: And you have to buttress it, or support it by letter of credit of the equivalent amount... Mr. Odio: No. Mayor Suarez: ...which nobody has ever been able to do in any other case that we've seen in applications, and on top of that, we can call it with 48 hours notice. Mr. Castaneda: Correct. 165 June 7, 1990 Mr.. Odio; One thing, Mr. Mayor, 41e need to have "he mon1ns that are due nori, if this passes, by the 15th. Vice Mayor Dawkins: Hey, that's part of it. That's a part of your —_ negotiation, Mr. Manager. And if they can't produce it... Mr. Odio: Then they'll have to produce the whole amount. OK. Vice Mayor Dawkins: ...then. they'll have to produce all of it. Mayor Suarez: I have a feeling you're going to have to come back with it in final form by the 28th. No? Mr. Odio: No. Mr. Castaneda: No. Commissioner Plummer: It's due on the 15th. Mayor Suarez: It's due on the 15th of this month? Not... Mr. Odio: Of June. Mayor Suarez: OK. Well subject then to your approval as to all those points, it's understood? Vice Mayor Dawkins: That's right. Mr. Odio: Yes. Commissioner De Yurre: That's right. Mr. Jorge Fernandez: Yes, and also we are in the process of reading all the federal regulations that apply to the source of this money and make sure that what we intend to do with our contract is, in fact, acceptable to or approved by the federal regs. Mayor Suarez: Yes, please, cross all the "t's" and dot all the "I's," all... any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-461 A RESOLUTI014 APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND ZAMINCO INTERNATIONAL, INC., REGARDING THE $5,400,000 COMMUNITY DEVELOPMENT "FLOAT LOAN" FOR THE RESTORATION OF THE FREEDOM TOWER; THEREBY EXTENDING THE TERMINATION DATE ONE YEAR FROM JUNE 29, 1990 TO JUNE 28, 1991 AND ACCEPTING Aid IMMEDIATE PAYMENT TO THE CITY OF $1,200,000 AS PRINCIPAL AND $90,660.40 AS INTEREST; WITH QUARTERLY INTEREST PAYMENTS TO BE MADE ON THE REMAINING BALANCE; FURTHER INCREASING THE INTEREST RATE FROM ONE PERCENT (1%) TO SEVEN PERCENT (7%) FOR THE PERIOD OF THE EXTENSION ON THE BALANCE OF $4,190,660, WHICH IS TO BE SECURED BY A LETTER OF CREDIT FROM A LOCAL FINANCIAL INSTITUTION. (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: 7A d 166 June 7, 1990 i F, AYES: Commissioner Victor De Yiurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins =_ Mayor Xavier L. Suarez NOES: ABSENT: Commissioner Miriam Alonso None. 56. (Continued Discussion) DISCUSSION CONCERNING THE CITY OF MIAMI BUDGET, PROPOSED LAYOFFS, AND SALARY REDUCTIONS (See label 53). Mayor Suarez: OK, we're on to the final item of the day, scheduled for 6:00 p.m. We're going to begin Commission point, or maybe even take input since we see certainly the AFSCME, and maybe some of the other unions. Counselor, you you're now representing all the unions in the City of Miami', Robert Klausner, Esq.: I'm here. I believe, which is discussion at this union represented, i just told me that Mayor Suarez: ?esus. Bob Klausner, I hope you guys all realize that there are economies of scale when you all hire the same attorney. Maybe you could sort of reduce his fees a little bit, anyhow... Mr. Klausner: I'm sure they'll all remember that at the end of the month. Mayor Suarez: Yes, yes, Bob. A1.1 right. Commissioner Alonso, you pretty much initiated the inquiry. I think some of the other Commissioners, including myself, are interested in some of these points too. If you'd want to begin the inquiry, that's quite appropriate. Commissioner Alonso: Right, I will repeat with the motion that I made last meeting and it's I'm asking for a freeze of all salaries above $55,000. Also, I'm asking for a salary reduction of 5 percent above $60,000. I'm also asking for a five percent reduction in all the Commissioners and the Mayor's office. I'm also asking for a committee to study possibilities of early retirement and some other alternatives formed by members of the staff, as well as members of the community and, of course, representation from the unions. I think that the key in my request is that I'm trying to save the layoffs that are a reality in the City of Miami. We are going... (Applause) Mayor Suarez: Please, please. Commissioner Alonso: We are going through very difficult times, and I'd rather see a five percent cut than people losing their jobs, and that's my concern, and I want you to understand that I don't like the idea of cutting anyone's salary, but I'd rather do it this way and saving jobs, and giving the entire people that work for the City of Miami job security, and that keeping the high salaries and letting people go, and that's my intention with this motion, and I hope I have two other people that see it the same way I do. (Applause) Mayor Suarez: Please, please. So moved. Commissioner Plummer: Mr. Mayor, I'll second the motion for discussion. Mayor Suarez: OK, so seconded. It makes sense, I would think, to hear from - f I know that at least one of the unions wants to make a complete presentation - and that makes sense to hear from them at this point. Commissioner Plummer: I would like to ask a question before they speak so ' they can speak to the answer that I'm going to ask the question of. A Mayor Suarez: Please... 167 June 7, 1990 i AUK Commissioner Plummer: Mr. Manager... Mayor Suarez: ..any Commissioner that has any questions that they'd like addressed, that preempts any other presentation. Commissioner Plummer: Mr. Manager, would you please, for my edification and everyone present, tell me approximately the motion as presented and passed, what it would amount to in savings? Mr. Odio: Well, the only salaries that you can cut under the five percent is the people that work outside of the unions, they have contractual... they are under contract, you can't touch them. So you're talking about $342,000. Commissioner Plummer: $342,000, now.. Mr. Odio: Yes, sir. Commissioner Plummer: ...the second question I have is, so that nobody goes away from here with any misconception, what is the reality of the deficit problem that you are facing in the budget? Mr. Odio: To balance the budget for next year, we have to look at, at least a $10 million dollar to $11 million dollar just to have a balanced budget for next year. Commissioner Plummer: And my final question is, does that figure reflect the Gates settlement, any portion of that dedicated to the Gates settlement? Mr. Odio: Yes, but I want you to know that the - in pension, next year goes down so there is not the problem with pension for next year that we're looking at, but we project that the pension will go down about three million dollars next year. Commissioner Plummer: But the Gates settlement. Mr. Odio: The Gates case, of course, you have to pay for it, yes. Commissioner Plummer: OK, but is that figure of what you're announcing as a deficit of $10 million dollars, does the Gates settlement money for next year figure in that $10 million dollars? Mr. Odio: Yes. Commissioner Plummer: OK, thank you. _= Mayor Suarez: I have one question of the movant, Commissioner Alonso. In your motion, there is the implication that we would do this as to - we would reduce as to anyone over $60,000. That includes the City Manager, the City s Clerk and the City Attorney, if I remember correctly. The vote was taken on increasing their salaries by 10 percent. Would you reconsider your vote on that, which I think was favorable to that increase a few months ago? Mr. Odio: I want to say something, Mr. Mayor. I need to... Mayor Suarez: Well, this is directed at Commissioner Alonso because I want to understand whether her motion applies to all officials over $60,000? Mr. Odio: I would include myself, so... Commissioner Alonso: Yes, I definitely think that everyone who received over $60,000 should receive this cut of five percent. And I want to make very clear, when I camp to the City of Miami and I was elected in November, the first time that I was asked for a four percent increase and it was for a vote for Solid Waste, I asked the City Manager, are we going to have any problems later on with the budget? Are we going to have... do we have the money? Is —_ the money available? Are we going to have any cuts in the future? I was told, no, we don't have any problems. Yes, money is available. Now, a few months after the fact, I'm told the "X" number of people have to be laid off. That is what I don't like, and my decision to ask for this five percent cut, I think that comes from the fact that I'm trying to save the jobs of these people that really deserve all the help that we can give them and that's what 168 June 7, 1990 S i my intention i.s and if., at the end of the line, finally we have to let some people, at least in my heart I know I did all in my power to save their jobs and even I have one further alternative. When I was elected, I also asked for _ _ a fund balance and I asked for that fund balance and I say, only in case of an emergency, if letting people out is not an emergency, I don't know what is. (Applause) — Mayor Suarez: All right, anything further on the motion from the Commission? Commissioner De Yurre: Yes, we're talking about saving $342,000 if we roll back on that five percent? Mr. Odio: Yes, sir. Commissioner De Yurre: Correct. Mr. Odio: And you don't save any monies on the freeze for next year, because when I give you a budget figure for next year, I had already frozen the salaries for next year... Commissioner De Yurre: OK, let me ask you this. Mr. Odio: ...so there is no savings on that. Commissioner Alonso: May I ask this question? I think because since I've been in office, I've been hearing to these questions of the existing freeze that we have in the City of Miami. Mr. Odio: No, that's on hiring. Commissioner Alonso: But, the truth is, we have seen salary increases through the time, and I'm not clear that the freeze has really been applied. So... Mr. Odio: There is no freeze on salaries. Commissioner Alonso: ...I wonder, in the budget we took that into account, has it really been applied before? -because when I look at the numbers, they don't really show that. a freeze was really in effect. Mayor Suarez: I think I heard that there's no freeze on salaries, which, I guess, means that it melted. Mr. Odio: There was no freeze on salary this year. Mayor Suarez: It was unfrozen. Mr. Odio: It was unfrozen. What was frozen was hiring, and we have substantially reduced the number of positions that have been filled. Commissioner Alonso: So, you're telling me that because of that reason for next year, this will not be a saving? Mr. Odio: Of course not, Commissioner, if you... Commissioner Alonso: I really disagree with you, Mr. Manager. Mr. Odio: We are preparing a budget for next year. If you don't increase salaries, it is an avoidance of expenses. You're not saving any money. You're not saving any money, you're avoiding expending money, but that's a big difference... Mayor Suarez: You know I... OK, I'm sorry, we interrupted the inquiry by _- Commissioner De Yurre. Please, Commissioner, proceed. Commissioner De Yurre: Thank you. Mr. Odio, today in order to meet the budget, have you made an analysis of how many people, if any, you would have to lay off? 3 Mayor Suarez: Would you clarify if we're talking about this year's budget or next year, Commissioner? -so we... 169 June 7, 1990 Mr. Odic: Yes, sir, 7. have... ` Commissioner De Yurre: Well, right now. Mayor Suarez: Wait, wait, please. Commissioner. De Yurre: We're short. Mr. Odio: You asked me... Mayor Suarez: The current fiscal year, right? Commissioner De Yurre: That's right. Mayor Suarez: The current fiscal year. Mr. Odio: If you remember, when I made the presentation on the pension, I was asked by the Commission to present three plans on a two, a three, and a five percent cut. I sent that plan back to you. In that plan that I said that I would recommend -- and I started moving on that by eliminating offices that have nothing to do with the union. As a matter of fact, I talked to Charlie Cox as I prepared the moves and I told him I'm glad I can tell you that I'm not going to break my word to you that we don't have to lay off any A.F.S.C.M.E. people this current year. And he's sitting there. He can tell you the list that I prepared of fourteen people were all managerial.... Mayor Suarez: Well, Mr. Manager, with all due respect, one of the reasons is that as far as any kind of a salary cut, there's hardly anybody in AFSCME that makes over $55,000 a year. Mr. Odio: Well, I'm not referring to the $55,000. (Applause) Mr. Odio: I was not referring to... Commissioner Alonso: Eleven. Eleven. Mr. Odio: ...I was not referring to... Mayor Suarez: Eleven out of a thousand. Commissioner Alonso: Eleven. Mr. Odio: When we presented the plan of five percent, was not referring to any salary cuts, but to what would we have to do to cut the budget by five percent, which is the equivalent of ten million dollars and that plan required some layoffs, but not the amount that had been stated. I had a list of — fourteen that, that were... - Mayor Suarez: We would hope and I think that's the Commissioner's motion, and = once again, we're interrupting your line of questioning, but we would hope that when you talk about laying off, you're talking about laying off people who make those kinds of salaries over $60,000, over $70,000. When you _ eliminate two or three of those, you make up for ten others you might have otherwise have to eliminate. Please. Mr. Odio: Well, that's... (Applause and shouting.) Mayor Suarez: Please. I interrupted you again. �i =] Commissioner De Yurre: Thank you. Well.. Mr. Odio: Precisely, the letters going out last week, as I stated before, were none of the union people that were being laid off. Mayor Suarez: I don't know because I've never seen the letter. We may have to get into that. Now... 1 i�1 s A =Z �{ 33 A 170 .tune 7, 1990 -j Mr.. Odio: Now, as far as the five percent: cut, I also proposed in that cut, if you remember, that we would not give any more monies out next. ye.sr. My budget for next year would have zero dollars to be issued to any organization or any festival or anything. Mayor Suarez: Of the grant programs and so on, which we want all of you to know I think is a magnificent idea, it's a tough one., because it means that = all of a sudden, we come in here, new Commissioners, like Commissioner Alonso, F the rest of us, and are telling agencies and entities that have been obtaining City monies in the past, that all of a sudden, we're not going to give them money. But we think that's a very fair proposal, and one way or the other, we have to reduce those down to zero. - Mr. Odio: That will be presented and that includes every single organization that we have ever funded will be having zero in the budget for next year and some people came to see me, I said I will not present any exception. Commissioner De Yurre: OK, let me ask you... Mayor Suarez: And I think that was a savings of about 1.8 million. Commissioner. Mr. Odio: No, no, it's more than that. It's three million dollars. Mayor Suarez: Well, it grew from 1.8, that was the last memo you gave me, but... Mr. Odio: Well, but I'm going further than that. Commissioner De Yurre: Can we get back to my questioning? Mayor Suarez: All right, Commissioner De Yurre. Commissioner De Yurre: Cesar, of your plan for coming up with a balanced budget, if any people were being contemplated being laid off, what positions were those? — and what salaries did they have? Mr. Odio: Well, the first thing I did was go after the offices that worked for me, Strategic Planning, Industrial Engineering. For instance, the Minority Procurement Office, we're not eliminating, but we are moving Adrienne to become Chief Procurement Officer of the City, therefore, giving her the authority to purchase at the same time she can monitor minorities. We did that. We also consolidated functions. For instance, the Department of Building & Zoning was consolidated with Planning, and the savings amount to $300,000 because when you have only now an Assistant City Manager replacing actually two directors, if you add two directors plus their assistants, etcetera, it's $300,000. That was done already. But... Commissioner De Yurre: What else are you contemplating at this point in time? Mr. Odio: Right, we're also contemplating in that plan... Commissioner Alonso: You mean in Building & Zoning you eliminated the director? Mr. Odio: We eliminated the position of the... yes, we did. Yes. Commissioner Alonso: One position, right? Mr. Odio: Yes. Well, that's one position. With the director comes other things, secretaries, etcetera, that will have to go because you cannot have duplicity. We also eliminated... Mayor Suarez: A lot of whom, by the way, are unclassified. They're not members of the union... Mr. Odio: That's correct. Mayor Suarez: ...1 am not sure how, but we're going to find out how so many people who are not really discretionary employees somehow end up not being eligible for the union and being unclassified. 171 June 7, 1990 LIF_�- Commissioner "De Yurr.e: Go ahead, tell me who else you were contemplating on laying off. Mr. Odio: Then we have operations that are nonprofi.table, completely revenue _ draining. We have a beach that is open to the public year around that costs us $500,000, and that was the one proposal I made which would affect some personnel that are part time or temporary, but I was proposing to close the beach down right after August, close it for the rest of the year and just open it for the summer because it doesn't make sense to have that place open all year around. That was part of the proposal. And, also... Mayor Suarez: Wait a minute, Mr. Manager, before you make a flat statement about the what it costs to run that. You're talking about Virginia Beach, right? If I may inquire, Commissioner, I'm breaking into your line of questioning here. Mr. Odio: Yes, it takes 13 people. Mayor Suarez: How much does it produce? We're charging... Mr. Odio: Very little. Commissioner Plummer: Sixty-two thousand. Mr. Odio: Sixty-two thousand dollars. Mayor Suarez: Yes, I need more than just very little. I need to know the exact figures. Mr. Odio: The net loss there is four hundred and forty-seven thousand. Mayor Suarez: What's the charge per car? Commissioner Plummer: Two dollars. Mr. Odio: Two dollars. Mayor Suarez: And you're saying the entire year, you're making $62,000? Mr. Odio: The net loss is $447,000. That I propose to close because it doesn't make any sense. OK, it... Mayor Suarez: OK, we might, at that point, want to consider before you close off any facility or any beach, doing some other kind of a system where we don't provide all the security and all the lifeguards out there. Don't be closing off facilities that the people might want to enjoy. Mr. Odio: No, no, but we... Mayor Suarez: It used to be that way before. Mr. Odio: Yes, but we have a liability problem, and that's something that I've been told that if we don't have lifeguards and somebody drowns, then it's =_ going to cost more than what we're saving. Mayor Suarez: We didn't have it until a couple of years ago, so I can't =_- imagine that if it wasn't a problem in the past, it would be a problem now. Mr. Odio: OK, the other moves that I propose here and this to reach the savings, was we eliminated the Office of Management Audits completely. We have also affected the Public Works Department and where they have to be totally... Mayor Suarez: Wait a minute, the Management and Audits, you mean, the same, because we've got two that are audits. We got a Management and Audit and an = Audit Department, right? -A Mr. Odio: We had an Internal Audits and Reviews and we had a Management Audits Department. We eliminated the Management Audit. Mayor Suarez: We haven't. eliminated any individuals now... 172 June 1990 y Mr. Odio: Not yet, t.hat's my proposal. Mayor Suarez: ...we're just eliminating another bureaucracy there. Mr. Odio: That is correct. And, also, we propose that the Law Department would reduce by four positions, that the Planning Department would reduce by two, that Finance would reduce some positions that are out of the very few positions. But, when I said reduce the positions, that doesn't mean people getting laid off. That means eliminating vacant positions, and that's what I think will provide the most savings. We have sufficient vacant positions that would provide savings. The actual physical layoffs of people, if you include the like, people that are on temporary duties, would be about a total of 35. Commissioner De Yurre: OK, thirty-five people? Mr. Odio: Yes. Commissioner De Yurre: Thirty-five people being - that's the most you ever contemplated laying off? Mr. Odio: The most ever, actual, physical... Commissioner De Yurre: Thirty-five people out of 3,700 that work in the City of Miami. Mr. Odio: That's correct. Mayor Suarez: That's one percent. Commissioner Alonso: That's all that you will have to cut? -thirty-five? Mr. Odio: That's all of the... yes. Mayor Suarez: Other than attrition. Commissioner Alonso: Probably we'll be able to save all of them by my cuts. Mayor Suarez: In other words, other than positions now being filled. Mr. Odio: Then besides that, I want people to understand that I will not hire anyone. That we will eliminate all vacant positions and... Commissioner De Yurre: OK, let me ask you this. Of the people that are here, which is the concern that, you know, the working class, the guys who are out there on a daily basis doing their job and many of them don't see air conditioning all day. UNIDENTIFIED SPEAKER: Thank you, sir. Commissioner De Yurre; OK? (Applause and shouting) Commissioner De Yurre: How many of these did you ever contemplate on laying off? Mr. Odio: None. Except -• none of these people. 1 have always made sure. Commissioner Alonso: Ask about the "ninety -nines?" Ask about the "ninety - nines." Mr. Odio: Wait... Mayor Suarez: Please, please, we're going to have order here. Mr. Odio: Wait, wait, wait... Mayor Suarez: We're going to have order or we're going to get... Mr. Odio: We did not plan to lay off any permanent people from the City of Miami. None. It was never in my plan. Everything that we have done in the past three years, and when we negotiated the contract, which allowed for part 173 June 7, 1990 timers and for t.emporarles, the union a -reed then to agree to these part timers and temporaries because it was saving permanent positions. As they approved that, we put into the contract that we would not lay off any - permanent people. In. other words, we had to make that move to hire people on part time and on temporary duties to protect the permanent people in the City. Mayor Suarez: Let me inquire then, if I may, Commissioner, are ,you saying that in addition to not intending to lay off of those 35 any union employees of the ones represented here, you're also saying that you also did not intend to lay off any of what we call, part time? - or... Mr. Odio: No, the part timers or temporaries that were on duty in Virginia Beach, in duties that we felt that should be eliminated like that beach that is carrying 13 or 14 people year -around when it's not used. Yes. Mayor Suarez: How many of those people that make $5.00 an hour work half time, don't have insurance, were you planning to lay off? Mr. Odio: We were planning to move some of them into permanent positions, if they were vacant and others would have been ... we were looking for... Mayor Suarez: Do you have any count? Mr. Odio: Yes, we were looking for exactly twenty... I think a total of part timers, about 23, Mr. Mayor. Commissioner De Yurre: Is that... Mayor Suarez: Well, I guess I speak for the rest of the Commission when I tell you that you better figure out ways to not have to lay off those people because we ought to figure out a way to get them to be full time employees of the City, give them preference and not lay off people who won't... (Applause) Commissioner Alonso: May I ask a question? Mayor Suarez: They're hardly save us anything anyhow. They get paid so little that you could take all of them together and they save us, maybe, $300,000. Commissioner De Yurre: Mr. Mayor... Commission Alonso: May I ask a question? May I ask a question, Mr. Manager? Mayor Suarez: And that's three people making $100,000 and we have a. few of those. Commissioner Alonso: Have we identified the "ninety -nines"? -they pay union dues. Are they members of a union or not? Mr. Odio: I don't know, you'll have to ask the union that. Commissioner Alonso: They are members of the union, so it means we are not going to lay off any of the "ninety -nines." It bothers me to see people working for the City of Miami, three, four years, two years, year and -a -half paying to them vacation and telling them they are only temporary, people that we tell them one morning, we don't need your services anymore. It bothers rye to see that, and that's what we are seeing here. (Applause) Commissioner De Yurre: Mr. Mayor.... Mr. Odio: II wart you to know, Commissioner, that it bothers me too, to have to make a decision on anybody's life, but I want you to tell me when we don't have any revenue increases, if you allowed me to increase the Solid Waste fees so that we can pay for all these people, I'll be glad to do it. I had it on my budget and it was not approved. Mayor Suarez: No, we were thinking of reducing some of the cost to pay some of the high level employees, not to increase fees to the citizens. 174 June 7, 1990 i NOW Mr. Odio: You told me to go back... — (Applause) Mr. Odio: You told, me to go back and reduce the Solid Waste expenses because we couldn't raise the fees, so you tell me which one you want to do. Mayor Suarez: All right, I think we just... Commissioner Alonso: Mr. Manager, I remember, and I'm going again to November of this past year, I asked a question when I was asked for a four percent increase and I said, I'd like to have more information and I asked, are we going to have any problems later on? We were told, yes, we have the money. How much was the amount that we paid for that four percent? Mr. Odin: If my memory holds me - it's three hundred thousand dollars? It's about $300,000. Commissioner Alonso: Oh, everything is $300,000 only? (Applause and laughter) Commissioner Alonso: 'Then the finances of the City are getting to be very simple because nothing gets closer to a million. I don't know. Mr. Odio: I don't remember the exact figure but I will tell you this, this was a salary that was negotiated with the union that was in the budget. Commissioner Alonso: Fine, but it's not honest to tell people, yes, you get a four percent increase, and at the same time, you're telling all the people, go home with zero. I don't think that's right. Mr. Odio: Go home with zero? Commissioner Alonso: Yes, because they lose their jobs. Mr. Odio: But I thought they were standby laborers. I thought they were to be used when you need them. Commissioner Alonso: Come on, Mr. Manager, when someone works for a City for three, four years, can we continue to tell them, you're just a temporary employee? Mr. Odio: No, no, no. (Applause and shouting) Mayor Suarez: Please. And if we have true cyclical employees, it would be important, Mr. Manager, to identify and to convince the Commission that these are, in fact, cyclical and to make sure that in the contract with them as they come aboard, it could be like one of those consultant contracts we draft so that they understand they're being hired on a cyclical basis. When a City that has weather that is pretty much the same all year around, I can't imagine that somebody that maintains parks is cyclical, because it... Mr. Odio: I'll be glad to propose conditions for the Solid Waste Department. I have four or f ive studies we have done and let you decide what you want to do there. We collect $9,000,000 in fees, we spend $31,000,000. So, you tell me how you want to... Mayor Suarez: You don't collect $9,000,000 in fees, you collect $9,000,000, in fees plus a little bit over a $100,000,000 in real estate taxes... Mr. Odio: Yes, we do. Sure, but - OK... Mayor Suarez: ...all of that is supposed to be used for Solid Waste like any other department. Mr. Odio: Fine, the total cost of the Solid Waste Department is $31,000,000. Your total .revenues for property taxes is $99,000,000 and the Police Department eats seventy-eight. So, you tell me... 175 June 7, 1990 Mayor Suarez: Right, and the rest we get from all the other sources we have -_ in our budget. Commissioner De Yurre, we interrupted you ten times. Commissioner De Yurre: Mr. Mayor, if I may continue. Now, we're talking about laying off about 35 people you mentioned. Mayor Suarez: Actual... Commissioner De Yurre: Actual people. Mr. Odio: Plus, elimination of positions, yes. Commissioner De Yurre: And those 35 were basically managerial. positions? Mr. Odio: No, as I said, there were a lot of part timers from the operations in the beach and so forth. Commissioner De Yurre: OK, part timers. Now, does that include any so called, quote, unquote, "ninety-niners?" Mr. Odio: No, I never considered "ninety-niners" as permanent employees, no. I didn't consider that are our own. Commissioner De Yurre: But were they going to be without the opportunity of continuing to work as such? Mr. Odio: We have worked an agreement out. I thought we had, with the Solid Waste, that we would try to work out a system where the standby laborer is eliminated. That we should not go... I didn't create the ninety-nine system, but the ninety-nine system was abused. Commissioner De Yurre: How many are there right now? How many ninety-niners? Mr. Odic: There are 72 left, I believe, seventy-four that are working everyday. Mayor Suarez: Well, somewhere - please, please, if it's not 72, it's 79, that's close enough. Listen, if we get any answers that accurate, we're happy here. Commissioner De Yurre: OK, now... Mr. Odio: Let me explain the problem with the "ninety -nines," OK. And I'm ready for that one. We have five people per truck. What is happening is as we cost out the year, we are ending up paying seven people per truck because people are not coming to work. They're getting paid for staying home, and we have to place a "ninety-nine" in their place so we have to pay the "ninety- nine" plus the person that went home. Commissioner De Yurre: But what... Vice Mayor Dawkins: But when they stay home, are they staying home on sick leave, or are they staying home because they got vacation? Mr. Odio: There are 21 people in Dade... Vice Mayor Dawkins: Are they staying home because they got sick leave or are they staying home because they got vacation? Mr. Odio: They are staying home because they are on vacation, or sick leave, or whatever. Vice Mayor Dawkins: So, therefore, their union has negotiated these rights and they are exercising the rights that they have and you want to penalize them? No, no, that's not fair! (Applause and shouting) Commissioner De Yurre: Let me ask you... 176 June 7, 1990 Mayor Suarez: I would hope, if I may, Commissioner, if I hope... I would hope that we could redirect the discussion back, once again, as Commissioner De Yurre called them, not to the people who are out there doing the field work, the ones that are in the sun all the time, but to the management employees that are in the air conditioning offices and who are making large salaries in many cases, the one union, the AFSCVE, telis me there's as many as 500 people in the City that somehow are not classified that could theoretically be classified. Let's focus on those and see if the 35 eliminations can come from those, not from the field workers. That's where you were headed. Commissioner De Yurre: OK, well I'm headed in the direction... Mr. Odio: That's what we're trying to do. Commissioner De Yurre: ...but I'd like to clarify a point because you're mentioning that if a truck carries five employees... Mr. Odio: Yes. Commissioner De Yurre: ...to make it run... Mr. Odio: Yes, sir. Commissioner De Yurre: If we're talking about eliminating the "ninety - nines"... Mr. Odio: Yes, sir. Commissioner De Yurre:... and then, if one of the five doesn't work that day, then can that truck function with four? -or do we still need to fill it in from somewhere with a fifth person? Mr. Odio: We were going... Commissioner De Yurre: Or if that fifth person is not needed, then do we need five people on a regular basis? Mr. Odio: Well, that was something I wasn't planning to get into. The fact is, that we have to address quite a few things which we did the other day. One, is that there's absenteeism, that is with reason, vacation. There are 21 people a day that should be on vacation. There is absenteeism of people that got hurt on the job that should be absent, and there's also abuse of sick time. And that has to be eliminated. OK. Now, we were working in conditions on how we eliminate people that are abusing absenteeism without cause, without true cause. And until you do that, you're going to end up paying seven people per truck. Now, the deal what we reduced already five routes from the Solid Waste Department. They had 46 routes and we have reduced five routes which is, in fact, 25 people that were not laid off, but what we did was not hire anybody. We have had 41 vacancies now so through attrition, we eliminated the five routes. Commissioner De Yurre: OK. Mr. Mayor, I only have like two more questions, and then I'll leave the rest of the Commission to discuss on this. Mayor Suarez: Yes, Commissioner. Commissioner De Yurre: How much money are we talking about represents the 35 people you're going to lay off? Mr. Odio: Well, we use the factor... Commissioner De Yurre: Round figures. Mr. Odio: It's about a million nine. Commissioner De Yurre: A million nine and by doing away with the "ninety- niners," how much are we talking about there? Mr. Odio: We were going to try to save in the goal for the - well, a message from.... Mayor Suarez: Like I said... 177 rune 7, 1990 (Applause and shouting) Mr. Odic: The plan... Commissioner Alonso: That means, don't fire anyone. Commissioner De Yurre: You can come down now. Commissioner Alonso: No layoff. Mayor Suarez: As I've said, maybe we ought to be eliminating some of the employees that work in an air conditioned office. Commissioner De Yurre: OK. Mr. Odic: The plan for is to reduce the cost in Solid Waste of about $4,000,000 a year. Commissioner De Yurre: Yes, but how much do doing away with actual "ninety- niners" represent in dollars and cents? Mr. Odic: We would save about $3,000,000 a year. Commissioner De Yurre: Three million dollars? Mr. Odic: Yes, sir. Commissioner De Yurre: And then, you would just run a truck without the five people? Mr. Odic: Either that or have enough people. We agreed to a manning number that would work everyday, and we could reroute trucks. We're working on a system too so that every truck would go out everyday without having to have people .standing on the door waiting to see if they're going to work or not. Commissioner De Yurre: OK, so the bottom line is that you're saving $1.9 million by your proposed layoff of 35 employees... Mr. Odic: Yes, sir. Commissioner De Yurre: And you're proposed another savings of $3,000,000... Mr. Odic: No, the total savings in Solid Waste will be around four million. Commissioner De Yurre: But, that's because of attrition and not replacing... Mr. Odio: Because of attrition, because of reduction of routes, because of the elimination of the standby system because of now we're dumping directly into the County instead of the transfer station where we save $9.00 a ton of the weight. Commissioner De Yurre: Now, theoretically, you could keep all the "ninety - nines" that are working in Solid Waste but, however, it could he also that because you've cut out certain routes, that you may not be using them as often as you have in the past. Is that true? Mr. Odio: Well, see, that's the point. I guess this is premature discussion but I'm glad we're doing it. In the agreement that we had, we have 74 "ninety -nines" we are using now. We would have to move about sixty of them into permanent positions to man the trucks with the total people we had agreed to was 462 in the department. They would have 462 people, that includes every _ truck, man, and we would not have any standbys. What it would do is, we would fill the permanent positions that are vacant. What it really means is, that, ® yes, you eliminate the "ninety -nines," but you move 60 of them into permanent positions. - _ Commissioner De Yurre: So, you're saying that of the 74 that are "ninety - nines," six you're going to be better off because they're going to have full time employment with fringe benefits. Mr. Odio: Sure, sure, sure. 178 June 7, 1990 ' Commissioner Alonso: Is that exactly what you're saying, Mr. Manager? Mr. Odio: That's what I'm saying. If they hold to their... Commissioner Alonso: So, you are saying that from the severity -four, sixty will have permanent positions? Mr. Odio: If the union and the City signs off on the agreement that we worked out the other day. Commissioner De Yurre: OK, and then... Commissioner Alonso: Then all we have to save is fourteen people. Commissioner De Yurre: That's all we got to save. Commissioner Alonso: We'll find the money somewhere. Commissioner De Yurre: Well, I would say that... (Applause and shouting) Commissioner De Yurre: You know, keeping... I think that if we can make a commitment here by doing away with the "ninety -nines" in saying we got 60 of. the 74 getting full time jobs, which is what they've all been wanting for years. Right? Mr. Odio: Yes. Commissioner De Yurre: And we can say, listen, we're going to bite the bullet with the other fourteen and we're going to keep them on and if we can put them in somehow, let's put them in and we do not get any more "ninety -nines" and we do away with that concept, once those 14 have gone through the process. Mr. Odio: Provided we work out an agreement that we will not... Commissioner De Yurre: Provided, so then none of this "ninety-niners" would lose their job? Mr. Odio: We're not going to create another ninety-nine, ninety -nines to start replacing people. Mayor Suarez: We certainly agree with that. Commissioner De Yurre: Well, that's - the thing is that we don't want "ninety-niners," and if we can just do away with the concept guaranteeing that they will be better off by getting a full time job and eventually the 14 that don't get it right now, eventually they will be immersed into that process, then we're protecting their interest. Mayor Suarez: That's right, and we may be able to figure out something for those fourteen also. Commissioner De Yurre: So, really, what we're looking at is, 35 positions which are none that affect these people right here, whether you're "ninety- nine" or 209, or whatever position you got, these people are not being =- __ affected. So, you're just looking at laying off approximately 35 people which are in the air conditioning district. Mayor Suarez: Managerial executive. Mr. Odio: No, no, I said something, I still... Commissioner De Yurre: And some part timers. -' Mr. Odio: I think we have to eliminate some functions out there that are not needed and we should not have them. Mayor Suarez: Well, we're going to start with the managerial ones, Mr. -�' Manager, I think it's the way the Commission wants to go. 179 June 7, 1990 (Applause and shouting) Mayor Suarez: Vice Mayor. Mr. Odio: Well., you cannot... Mayor Suarez: Mr. Vice Mayor. — Commissioner Alonso: So, step one, we have saved already 74 positions, right? These "ninety -nines," we are saving all of them, seventy-four, is that number that we're talking about? Mayor Suarez: Sixty, so far. Commissioner Plummer: Sixty. Mr. Odio: No, no, no, you said that. I didn't say that. Commissioner Alonso: No, no, no, no. Wait. a second. You say, sixty of them... Mr. Odio: I said... Commissioner Alonso: ...you. have openings, better positions, as you labeled that. Mr. Odio: No, no, I didn't say that. I said that if he, them, the unions, sign off on the agreement that we were worked out... Vice Mayor Dawkins: We will tar and feather him. Mr.. Odio: ...that we would have 462 positions in the Department and no standbys, and then you could promote sixty people to permanent possitions. Yes, I said that. Mayor Suarez: And assuming a certain level of attrition too. We got to build that in. Mr. Odio: That's right, but they have to sign off, and they have to help us control the absences. Commissioner Alonso: OK, if that is the case, then we are saving 60 positions that will be getting permanent jobs. And then, we have to look for a way to keep the other 14 - is that the number we're talking about? -74, Mr. Smith? Mr. Odio: Let me clarify. We're using 74 a day now. Commissioner Alonso: Yes. Mr. Odio: OK, so what we're saying is, of the 74, yes, if they agree, we will move 60 up to permanent positions... Commissioner Alonso: And we will keep the other fourteen? Mr. Odio: ...and by the way, we will choose who moves up. We also worked out an agreement because I have been hearing some other things there. That we will work out a test route and people are going to be judged by their work performance on that test route and then promoted, and nobody is going to get promoted just because somebody likes him or not. We're going to do it according to the union agreement that we will have a test route and we're going to see how they can perform under a test route, and then promote them to permanent. Conunissioner Alonso: So, the end result is we are saving all of them. They will have a job to go every morning. That's my concern. Mr. Odio: Sure, the sixty, yes. Commissioner Alonso: No, Mr. Manager, I'm talking about all of them. I'm talking sixty and... Mr. Odio: No, I can't. 180 June 7, 1990 Commissioner Alonso: Why not? Mr. Odio: Because I cannot print money. Unless you find me another way... Commissioner Plummer: Will the other fourteen... - Commissioner Alonso: We have never asked you to print money. We have only asked you to cut high salaries. It's all that we have asked you. (Applause and cheering) Mayor Suarez: Please. Mr. Odio: I would be for cutting all the high salaries if it would be all across the board in the City of Miami. But to pick on a few that work very hard, the same as other people work, OK, that is unfair. Mayor Suarez: Mr. Manager, we're looking at.... Commissioner Alonso: What is unfair is someone go home with $85,000 a year, sixty-five, seventy-five, ninety-five thousand a year. And I agree that they work hard, and I agree that they are professionals, and I work with many of them daily, and I respect them. But also, I have to have a heart for those who will have nothing to take home and those are the ones we are trying to protect here today. I wish we had the money! (Applause and cheering) Commissioner Alonso: Mr. Manager, I wish we had the money to say, let's keep all of these people and give salary increase to the rest of the people. But the fact is, the City of Miami Is going through very difficult period of time... Mr. Odio: That is correct. Commissioner Alonso: ...so what we are saying is, let's have job security. It's better to have a strong City than none at all. (Applause) Mayor Suarez: Mr. Vice Mayor. Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. Manager, I'm going to read to you from the minutes of September 8th, 1987 where we talked about rolling back the millage, and I will read to you: "Dawkins, under discussion. I commend the Manager also for attempting to reduce the cost of services to the citizens of Miami, but I've said constantly, and I will continue to say, I do not believe we can reduce money and provide the same level of services that are needed. Now, the Manager, you continue to tell me we can. And you told me that, right? Mr. Odio: No, let me say even further, Commissioner... Vice Mayor Dawkins: Did you tell me that? Mr. Odio: Yes, I did. Vice Mayor Dawkins: Well, fine, hold it. Now, that's in 187. Mr. Odio: Now, can I add to that, at that point... Vice Mayor Dawkins: In '86... Mr. Odio: I just said the same thing. Vice Mayor Dawkins: ...you tell me we cut the millage and you're going to provide the same level of services, right? Mr. Odio: Yes, I did. Vice Mayor Dawkins: Then you tell me again in '88... 181 June 7, 1990 Mr. Odic: In '88, 189. Vice Mayor Dawkins: ...'88 and 189.. Mr. Odio: Yes, sir, I did. Vice Mayor Dawkins: ...that you could reduce the millage and provide the same level of services and I said, it couldn't be done. Didn't I? Mr. Odio: I'm glad I did that. 'Yes, you did, yes, you dial. y Vice Mayor Dawkins: All right, now... OK, give the Manager a copy of this and everybody else up here. Mr. Odio: If we had raised the millage by the way, Commissioner, in 1986 or 187, to 10 mill, you would be at the top of your millage now and you would really have problems. Vice Mayor Dawkins: OK, now, I'm going to read to you from a report that comes out of your office. It says, "Open Position Report, As of May the 25th, 1990." Now, you say that we don't have money to hire people and you say you've got to lay people off. In Building and Zoning, sir, according to this, there are 12 vacancies. In Community Development, there are nine vacancies. In the Fire Department, 29, plus whatever I got here -• 2.9, 28, 29, 30, 319 32, 33, 34, 35, 36, 37, 38, 39, 40, 419 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54. Fifty-four vacant positions in the Fire Department. Is that correct, sir? Sir, is that correct? No, no, that's what I'm reading. Now, in the General Service Administration, we've got 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 - 18 vacancies. In the Park and Recreation Department, you've got 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 - 19 vacancies. OK? Yes. And in the Police Department, you've got 1, 2, 3... Mayor Suarez: You've got a total at the end. Vice Mayor Dawkins: Forty-four... Commissioner Alonso: Ninety. Vice Mayor Dawkins: ...ninety -•eight - a hundred and five vacancies in the Police Department. UNIDENTIFIED SPEAKER: Ten percent vacancy. Vice Mayor Dawkins: In the Public Works Department, you got 36 vacancies. Commissioner Plummer: No, that can't be. Vice Mayor Dawkins: Now, come to the one where you're talking about the "ninety -nines," you've got 70 vacancies! Seventy vacancies in the Solid Waste Department, and then you talk the union representative into giving up five routes, and that's 25 people. Seventy and twenty-five is 95 people. According to this, sir, there are 298 vacancies in the City of Miami and now you're telling me that we've got to cut more. Mr. Odio: Well, let me explain how that... Vice Mayor Dawkins: Explain to me how you got 298 vacancies and we're short of money? Mr. Odio: I'm happy to hear that figure. They were telling me it was only 220. That means the hiring freeze is working. And thank God we did that, Commissioner, because we would be talking about 300 layoffs and not 34. I thank God that we did that, that we planned ahead, that we took the vacancies up front which we did in this budget... -- Vice Mayor Dawkins: Where is the savings for the vacancies? Mr. Odic: We saved... Vice Mayor Dawkins: We budgeted for these vacancies... Mr. Odio: We budgeted for the vacancies. 182 June 7, 1990 �1 0 Vice Mayor Dawkins: All right, now where is the money? Mr. Odio: Mano, tell him. We budgeted... Vice Mayor Dawkins: Somebody. (Shouting) Mayor Suarez: Please, please. All right, we're going to have - please, everyone, please. Please. The questioning - the issues are very difficult. I think, you realize that we're involved in a very incisive inquiry here and we need, please, for you to just listen and observe and whoever is going to speak will speak and these guys are very prepared, I know that. They have been giving us all kinds of information and they will be able to make any points that the Commissioners aren't making although I don't know that you'll have to do anything by the time we're done here with the Commissioners because... Mr. Odio: Let me ask you a question, Mr. Mayor... Mayor Suarez: All right, please. Mr. Manager. Mr. Odio: ..what you're asking me is why we didn't fill out the 298 positions, if we had, we would be talking about a crisis of major proportions. Mayor Suarez: No, we're not asking it. Mr. Odio: Well, that's why he's asking me. Vice Mayor Dawkins: I'm asking you. Yes, I am asking you. I'd like to know. You've got... Mayor Suarez: He wants to know the savings resulting from what we're supposed to be budgeted positions. That's a different question. Mr. Odio: We are projecting savings. Vice Mayor Dawkins: We got close to 90 sworn officers, OK? Mr. Odio: We are projecting... Mayor Suarez: Please, please. _= Vice Mayor Dawkins: We got close to 90 sworn police officers, OK? Mr. Odio: We do not have that. I Vice Mayor Dawkins: Now.... Beg your pardon? Mr. Odio: We have right now, in the City of Miami... Vice Mayor Dawkins: You got here on this piece of paper, coming from your office, as of May 25th, 1990, you've got 'better than 75 sworn police officers. Mr. Odio: That is not correct. If that report says that.... Vice Mayor Dawkins: Well, all right, who in your office lied? Mr. Odio: If that report says that, it's wrong. Vice Mayor Dawkins: Who in your office lied? Mr. Odio: We have, right now, vacancies in the Police Department of 17 police officers. Vice Mayor Dawkins: Hold it, hold it, we will not argue. Mayor Suarez: How many? Mr. Odio: Seventeen. 183 Tune 7, 1990 Mayor Si_tarez: Seventeen. Commissioner Alonso: It says 93 -vacant. Vice Mayor Dawkins: All right, turn to page three of eight. OK? Mayor Suarez: Ever, - I'm sorry, Mr. Vice Mayor, for a second. Even if you take out the ones who are not police lieutenants, sergeants or officers, if you take those out, you still have about seventy here. Mr. Odio: Mr. Mayor, we have... Mayor Suarez: I agree with the Vice Mayor's calculation there. Mr. Odio: Right now, 17 sworn police officers' positions vacant. Mayor Suarez: So who are all these guys that are shown here then? Vice Mayor Dawkins: You're all shown on here vacant. Mr. Odio: I don't know what you're showing there. I don't know what you're .looking at. Vice Mayor Dawkins: Well, why they vacant? All right, sir, turn the page three of eight. Mayor Suarez: They're ghosts. Vice Mayor Dawkins: OK? Mr. Odio: I can assure you, Mr. Commissioner, that we only have seventeen sworn positions vacant. Vice Mayor Dawkins: Hey, I want you to show it to me on this paper. I have no problem... Mayor Suarez: It shows about 70. Vice Mayor Dawkins: Show it to me. Mr. Manohar Surana: Commissioner, that's not a vacancy report. Vice Mayor Dawkins: Beg your pardon? Mr. Surana: It is not a vacancy report. Vice Mayor Dawkins: A vacancy report? Commissioner Alonso: A vacancy report. Mr. Surana: Yes, this is not a vacancy report. Mayor Surana: Mr. Surana... Vice Mayor Dawkins: Why would you pass this out with the word "vacant" on it? Mayor Suarez: What is the difference, Mano, between vacancy and open position report? That's what you titled it. Mr. Surana: OK, for example, in Police Department, OK, when we put a police officer in the class, we have a vacancy on this side, but we have a police training officer vacancy filled on this side. So, we h;::j to offset those things. For accounting purpose or bookkeeping purpose, w, have to open the -_ positions. But this is an open position listing, not necessarily a vacancy report. Mayor Suarez: Well, Mano, it might be helpful if you have an open position report, or Mr. Manager, if you put an asterisk next to each one of those that, I although it appears open, actually there's somebody in training ready to take that position. That would help us enormously. 3 Mr. Surana: Yes, all right. We had to take the training position... $ 184 'June 7, 1990 Mayor Suarez: Becnixse open position sounds like a vacancy. I mean, basi.c... Vice Mayor Dawkins: OK, cell, what... what does this... Commissioner Alonso: OK, that's the way it works in the Police Department. What about the other departments? Vice Mayor Dawkins: All .right, Mr. Mano, Mr. Mano, Mr. Mano... Mr. Surana: OK, it works the same way - it works in the same way in Fire Department... Vice Mayor Dawkins: Mr. Mano! Mayor Suarez: Please, please. Vice Mayor Dawkins: Mr. Mano. Mayor Suarez: Mr. Vice Mayor inquired... Vice Mayor Dawkins: On page here, it has up here a date received. Now, I don't know what that means, and I'm not going to even try to figure it out. But it says, a police officer vacant 10/25/89, OK? Now, is this position vacant as of 10/25/89, or is it filled of 10/25/89? Under that., it says, date received, 01/24/90, Police Officer, vacant. 9/27/89, 2/26/90, 02/26/90, we got all these in '90 and you're going to tell me they're not vacant? Mr. Surana: Commissioner, in Police Department and Fire Department, if we have a vacant police officer position, we had to show it as a vacant on the record. And then we have... OK... Vice Mayor Dawkins: And you budget for it. Where is the money? Mr. Surana: Commissioner, Commissioner, let me explain to you. Meanwhile, you have police officer under training. They get a different salary paid. So we had to create a filled... Mayor Suarez: How many do we have right now under training so we can get the math straight here, Mano? I can't imagine we have 70 under training. Mr. Surana: OK, roughly about 17 sworn police officer positions are vacant. Mayor Suarez: But if you read these sheets, the Commissioner is pointing out, the Vice Mayor and all of us are seeing, they see like 80 people. Commissioner .Alonso: Full page! Commissioner Plummer: The sheets are very misleading at best. Mayor Suarez: Well, we certainly agree on that. Vice Mayor Dawkins: Then, they shouldn't put them out. Mr. Surana: I will be glad to provide you a real vacancy list. Is there somewhere about... Mayor Suarez: OK, now we want - we got two sets of books. We got the not so real list of vacancies and the real vacancies. Mr. Surana: No, this is not a vacancy list, this is a open position listing which is different than vacancy listing. Mr. Odio: The thing is an open position listing and one thing is positions that were budgeted. Mayor Suarez: But Mr. Manager, he said that the only difference is that there are some people in training. They can't possibly be... now many police officers are in training? Commissioner Alonso: How many? 185 June 7, 1990 L1 0 UNIDENTIFIED SPEAKER: Th? training? Commissioner Alonso: Yes. UNIDENTIFIED SPEAKER: Fourteen are in training. Mr. Odio: Fourteen. Commissioner Alonso: Fourteen? UNIDENTIFIED SPEAKER: Yes. Mayor Suarez: Fourteen. There's like 80 listed here. And you're saying there's only 17 vacancies. It doesn't add up. The math doesn't add up. Mr. Surana: Mayor, Mayor throughout the year, Police Department, they had the classes so we opened roughly about 60-70 positions just for bookkeeping payroll purpose. Commissioner Alonso: Why? Vice Mayor Dawkins: Yes, for bookkeeping... why madam? Mr. Surana: Why? Otherwise... Vice Mayor Dawkins: Madam, I will tell you why. They hired the money in there and juggled it around, and that's why they say they can't find the money to keep people working. (Applause and cheering) Commissioner Alonso: Do you have a better answer? Mr. Surana: Commissioner, OK, every year in Police Department and Fire Department, for bookkeeping purpose, and to avoid a lot of paperwork, we go an open certain number of positions. So whenever they have the class, they can put the employees into the class in order to avoid a lot of paperwork. Commissioner Alonso: Mr. Surana, try me again. I'm not very smart, so would you try me again, why do we need to have all these that we call open... Mr. Odio: No, let me... by the way... Commissioner Alonso: Mr. Manager, you will probably have to explain this to me too - let him do it first - open position report. Who creates this? You do? Mr. Odio: Personnel. Mr. Surana: I did not. Commissioner Alonso: It's your doing? Mr. Surana: No, it's not mine. Commissioner Alonso: May I ask who did this? Mr. Surana: Personnel Department. Mr. Odio: If I may, I can... Ms. Angela Bellamy: Personnel Department prepared that. Commissioner Alonso: Personnel, your department? Ms. Bellamy: And that was based on what was in the computer system based on the number of positions that are authorized to be filled. So the question... Mr. Odio: Now, let me clarify this. I have ordered her, as a matter of fact, I repeated my order to... Commissioner Alonso: This is very confusing, to say the least. 186 June 7, 1990 Mr. Odic: Excuse me, because of that, I ordered her last week, and 1 repeated my order today - I didn't know this was going to come up - to eliminate all vacant positions from the books. That will be done. Mayor Suarez: That will be helpful. Commissioner Alonso: Let me ask another question, how many of the positions that were ever filled with some people - bodies - you know, no changing numbers and names from here to there in a computer, but real positions where human beings have actually been in a position at some times? How many of all of these package is actual numbers, names, in this position that were ever filled by people? How many? Because here you say you need it for the - in order to do your job? To fill these papers with all of this? Commissioner Plummer: No, no, no, that's... Ms. Bellamy: No, no. No, Commissioner, maybe I can explain the process. Commissioner Alonso: Is all of this... Mr. Plummer, maybe you do understand this. The rest of us people, normal people, who have been in the real world outside City Hall for a long time while you people have been inside, we don't understand. I certainly don't. I haven't been inside cage long enough as to understand so I appreciate that this is put to me in real language, something that makes sense to me because this doesn't make sense... Commissioner Plummer: It's very simple and the Manager can prepare a list of... Mr. Odio: Right. Commissioner Alonso: Do you really believe this is very simple? Commissioner Plummer: Oh, it is. It is very simple to prepare a list of vacant positions. It's very simple. Mr. Odio: That will be done immediately. Commissioner Plummer: Now, so that maybe I might be able to help you on this... Mr. Odio: You'll have it tomorrow. Commissioner Plummer: I've been through about five different scenarios since I've sat on this Commission. What, in effect, this is, is at the beginning of the year, at budget time, when we approve a budget, that establishes so many positions in all of the different departments. That is established, budgeted positions. What this is, is not elimination of people, these are vacancies that have been budgeted that are open, that are not being used. - Commissioner Alonso: How in the world did they budgeted this number of positions so we can hardly meet ends of what we have now? Commissioner Plummer: At the time of the hearing of the budgets last year... Commissioner Alonso: They did this? Commissioner Plummer: This Commission did that. _ Commissioner Alonso: My God! I'm glad I was not around. _+f Commissioner Plummer: No, I'm just a Commissioner, I'm not running for God until next year. Mr. Odio: I.et me, let me, let me.... ` _ Commissioner Alonso: Please forgive me for saying this but this, it is the -' truth. I don't think this Commission did that. I don't; think so. Mayor Suarez: No, I don't think so either. Mr. Manager, along the same lines... 187 June 7, 1990 r Ask Allk Commissioner Plummer: Let me tell you why. Ho, no, Iet me.. Mayor Suarez: Wait, J.L., because along the same lines, please. Commissioner Plummer: Go ahead. Mr. Odio: Can I explain something? Mayor Suarez: Along the same lines. You have given an order to eliminate from the computer, by the way, a lot of times when we ask questions that are difficult, the answer is, the computer did it, but, anyhow, you're going to tell the computer that these have to be eliminated, now... Mr. Odio: Yes. Mayor Suarez: Designations are going to create a problem for us, are creating a problem. We have so many job classifications. I asked, in a memorandum, about somebody who was supposed to be doing public relations, believe it or not, in the Computer Department. I don't know why anybody would have to do public relations in a Computer Department. I don't know who they have to convince of what, but... Mr. Odio: Well, I'll tell you why. Mayor Suarez: ...wait, your answer was - wait a minute •- your answer was that, that classification had been eliminated, and it was like that for many others that I had the opportunity to go through with the AFSCME list that they prepared after much work, found a lot of strange classifications. When your answer, you must have eliminated at least half of the ones I asked about. I found that very interesting. Would you give the order to Ms. Bellamy, to the computer, to whoever, to please eliminate those classifications that don't make any sense. Let's see how many we're down to because the last time I checked, we had 500 job classifications in the City of Miami. Mr. Odio: Now... Mayor Suarez: Not for the unions, but for other people, managerial, executive, etcetera, and it's very difficult for us to see how the City is going, whether these people are getting salary increases when you have so many job classifications that you don't remember them, I don't remember them, Commissioner Alonso doesn't... none of us remember them and if you eliminate them.... Mr. Odio: See, the problem is... Mayor Suarez: ...please get them off the computer. Don't blame the stuff on the computer. Mr. Odio: If you let me explain this. Mayor Suarez: Yes, absolutely. Mr. Odio: We are getting chastised here, my people are, for having done the right things. See, the system before I became Manager, was simpler. You - budgeted 2,000 positions for the Police Department, OK? You funded the 2,000 positions and then the manager of the Police Department were around - I'm using the police as an example - they never had 2,000. They would fund the -_ 2,000 positions, they would give them a hundred million dollars, then at the end of the year, they would have $15,000,000 savings. And then you're... Commissioner Plummer: Well, I operated under the old system too wherein a _- budget, there was a line item called, anticipated salary savings, and that was the biggest farce that ever came down the line. Mr. Odio: They did play with those monies and, yes, they did use those monies -= for something else and, yes, they had a huge fund balance. Commissioner Alonso: But, they had to come in a budget with ways of getting that money. Mr. Odio: Oh, no, sure. But, at that time... 188 June 7, 1990 Commissioner. Alonso: And if you had all of these... if you fed the computer_ with all of these positions, supposedly you had that within the budget. Mr. Odio: No, no, no, if you'd let me finish, I will explain what I'm trying to say. Commissioner Alonso: But you were supposed to have that in the budget. Mr. Odio: No, no, can I explain what I was trying to say? Commissioner Alonso: No, or you were lying with the numbers, one or the other. Mr. Odio: You don't know what I'm trying to say. I was trying to say to you is that back in 1984, before my time, you would budget all the positions, you would end up with a tax increase every year because you needed to fund all the positions. And at the end of the year, you would have savings of twenty, or fifteen, or eighteen, or they wouldn't spend it. Commissioner Alonso: Wasn't in a way what it was done last year with the $40.00 increase in the Solid Waste fees? Mr. Odio: The difference... Commissioner Alonso: That it never came to reality because we voted against that? Mr. Odio: Would you let me explain what I'm trying to say? Commissioner Alonso: Could you answer my question too? Mr. Odio: No, I want to explain this what I was doing. Commissioner Alonso: I'd like you to answer my question, please. Mr. Odio: OK. What I was trying to say, that before we budgeted all the positions... Commissioner Alonso: Sir. Mr. Odio: Yes, ma'am? Commissioner Alonso: Do you mind telling me if that's what happened with the $40 increase in the Solid Waste Department? Mr. Odio: Since 1985, what we've done, is we budget only the positions we feel are going to be filled and we take the savings up front. And, therefore, you reduce the budget accordingly. And what I'm saying now is, that after having done that these past five years, that you run out of rope. That we don't have enough money to balance the budget for next year. Commissioner Alonso: Mr. Manager, then I'd like you to answer my question now. I have two questions. First, then, what is this? -if that is not that _ system, what is this? And the second question - please, let me finish - and the second question, it was not, in fact, that you took into account last year two $40 increase for Solid Waste fees, that never happened because this Commission said, no to that. Mr. Odio: Oh, I agree that it never- happened, but this Commission went - -- excuse me. Commissioner Alonso: It was taken into account you were waiting for that increase. Mr. Odio: No, no, no. Commissioner Alonso: You were not waiting for that money? Mr. Odio: Excuse me, Commissioner. We... Commissioner Alonso: Give me a yes or a no, please! 189 June 7, 1990 Mr. Odio: Yes, we were waiting for that money. Commissioner Alonso: Thank you, sir. Mr. Odio: But why we were waiting for that money when we presented to the budget to you, the Commission.. the increases were told to the Commission and the Commission did not take them out of the budget. Yes, we were expecting the money. Commissioner Plummer: And how much was that? Mr. Odio: It was six million dollars - four million dollars. Four million dollars. Commissioner Alonso: That's it. Mayor Suarez: Mr. Manager, just... Commissioner Plummer: Well, there's been a couple of other things, all right? And I think that, that's got to be said whether we want to really hang out some dirty laundry or not. We had a disturbance this year that cost this City unanticipated three, almost three million dollars. Mayor Suarez: No, we didn't. Commissioner Plummer: We didn't? Mayor Suarez: No, that's not this fiscal year, Mr. Commissioner, I'm sorry to tell you. Mr. Odio: No, what we had this year is unanticipated expenses of a million three for the Lozano trial. Commissioner Plummer: I'm sorry. A million three this year, not for the anticipated. All right. But I'm saying, there's some other things that are not being said here today. One of the things that I've been complaining about all these couple of years, we're going to get hit with a hurricane. We have nothing, and in a contingency fund for any kind of a hurricane, none. And we used to have a million dollars a year in a contingency... Mr. Odio: No, we have, by law, to have that. We have $650,000 set aside. Commissioner Plummer: We also had to come up with which was not budgeted, $900,000 for the insurance in the Fire Department. That was not budgeted. These are - you know, you'd better lay out on the table all of these things that were not anticipated at budget time, that have created this problem. Now, you know, you can only stretch a dollar so far, and I'm not defending the Manager, I'm not defending this Commission, but I'm saying is, that you'd better lay up on top of the table those things that have occurred that were cost factors that were not anticipated and not approved at budget time. Because those are things that have made a big difference. Commissioner Alonso: Thank God, we have a fund balance now for an emergency. Commissioner Plummer: Yes. Mayor Suarez: Well, we're going to get into that because there are some people who question exactly about our fund balance, and I have a feeling we're going to hear from over here. Mr. Klausner. Mr. Klausner: Thank you. Mr. Mayor, Mr. Vice Mayor, members of the Commission... Mayor Suarez: Try to direct yourself to the issues that have been brought out by the questions of the Commission now. We're not going to get into a whole budget season. We're going to have plenty of time to do that and with or without the AFSCME employees to listen in and SEA and all the other unions. Mr. Klausner: OK. Robert Klausner, I'm here today on behalf of A.F.S.C.M.E. and the SEA, and these are the real working people in this City. These are the real public servants. And we're here today to protect their interests, 190 June 7, 1990 and one of the things that we did is we recognize that there's only so many dollars in the pot too, so we took a look. in the pot to see how many dollars there really are. Mayor Suarez: Let me just quibble with you a little bit. All the employees in the City of Miami are public servants by definition. Thank you. Go ahead. Mr. Klausner: Absolutely, absolutely. Policemen and firemen too, and I've done work for all of them. Mayor Suarez: And both those that are in the union and those that are not. In fact, some of them cannot be in unions by... Mr. Klausner: By law. Mayor Suarez: ...law. Go ahead. Mr. Klausner: But, you can tell it's a crisis that turns people out, and these people are here today talking about their economic survival and in this world, that is survival. And, as I told you, because of the importance of the dollar, we took a look to see what there is there. And I'm about to introduce to you Charlie Cox, the president of local 1907, and then you'll hear from Larry Jessup, who is a labor economist, and we have made public records demands and have reviewed substantial financial records of the City. And you're going to find, as we found, that there are literally millions of dollars of uncollected fees, bad debts, bad checks, user fees uncollected, people who bounce checks on you who are getting waivers of user fees, monies that, if collected, would not only keep everyone of these people in a job, it would solve your deficit and you could even give them a raise. (Applause and shouting) Mr. Klausner: I learned one thing. Mayor Suarez: Let me say, in fairness to this administration, we have been correcting that now for four straight years, I think, and a lot of that has been picked up. To the extent that it hasn't, I'm glad that you're going to point it out because I think that the administration, it behooves the administration to start moving very quickly on it, for obvious reasons, but... Mr. Odio: I want you to know that we agree with him on what he's saying. Mayor Suarez: I'm sure you do. Mr. Klausner: And if we're going to talk about where to go, we should talk about not the people who serve the citizens, but we should be talking about the people who broke the laws that the Commission makes, who are given fines by these people doing their jobs, and yet the fines go uncollected. And now, I want you to hear from Charlie Cox. He's going to give you some very specific statistics, and this isn't just our impression. We got the papers here to prove it. Charlie. (Applause and cheering) Mr. Charlie Cox: I am here today along with these public servants to respond to a challenge. We have been told that for every nonunion job abolished, three union positions would be eliminated. Each time there is a financial crisis in the City, the immediate response is to punish the people who make the City work. The people who deliver on your promises of better parks, cleaner streets, better environment. We were told that there is no alternative to layoffs and pay cuts. We say that, is wrong. Here are some real examples why the City finds itself short of money. There are currently more than 57 million dollars in uncollected fines in the Building and Zoning Department alone. The monies, if collected, would more than account for the budget deficit created by the repeal of the sanitation tax. The City has expended more than $5,000,000 on outside consultants when current City workers could utilize existing skills to provide the same results. There is nearly $300,000 in uncollected bad checks. According to the City computer records dated May 19th, 1990, the total amount of bad checks uncollected, is $269,661.44. There are 101 checks over $500 which remain uncollected, and of these 101 uncollected checks total $124,985. Many of those companies continue to do business with the City and some are enjoying the use of City facilities 19i June 7, 1990 0 with continuing waiver of City fees. Over $300,000 exists in internal service, funds surpluses which could reduce general fund transfers. Tens of thousands of dollars exist in uncollected rents from City housing budgets. Mayor Suarez: Give us some examples of the internal funds that you're referring to. Mr. Cox: Larry. Mayor Suarez: Any that come to mind? - just so we have an idea, because internal fund doesn't say anything to us lay people. Mr. Larry Jessup: Well, the $300,000 would come if you take all the components of the internal service funds and add them together and treat them as if they're a department. Mayor Suarez: All internal services - give us just some examples, so we know which ones you're talking about. Mr. Jessup: Well, you have fleet management, you have computers, you have the print shop and so forth. Those... Mayor. Suarez: Fees that we collect from certain services and... Mr. Jessup: Yes, the internal service departments charge back toward the general fund. Mayor Suarez: Of course, that may be counted into, Mr. Manager, it may be counted into the minimum reserve $6,000,000 fund. I mean - no? -•Mr. Garcia. Mr. Carlos Garcia: If I could address that item in particular. Communications maintenance has a million dollars in fund balance. That is for the E911 system. That money is restricted. We cannot use it for any particular - any given... Mayor Suarez: The E911 system. Mr. Garcia: E911 system, the emergency system of the... Mayor Suarez: You're getting technical on us here. What are you talking about? Commissioner Plummer: 911. Mr. Garcia: The emergency system for police and fire. Mayor Suarez: And that money is in a separate fund, cannot be touched by... Mr. Garcia: Yes, it's part... Mayor Suarez: ...State law or what? Mr. Garcia: That's right. We can only use it for that particular purpose for 911 purposes. Mayor Suarez: OK, but he's talking obviously about a different set of funds _- here. Mr. Jessup: Let's not get misdirected, all right? I'm not talking about... Mr. Garcia: No, that is part of GSA, that is part of the internal service funds. - Mayor Suarez: But, apparently, that's not one of the ones he was referring to. Mr. Jessup: I'm not talking about fund balances. That's an entirely.... fund balance is just cash you have left over that you haven't appropriated. I'm not talking about that. The $300,000 would be generated out of the salary line items so that if you take, as a total component, from the internal service funds, you're not going to spend $300,000. It'll be about $31.5,000. Now, the general fund... 192 June 7, 1990 r Mayor Suarez: Well, I have a feeling we 're all going to want, to delve into the internal service fund, as you call it, and find out more the specifics of c it. I don't know that we're all going to understand it today necessarily. Mr. Jessup: But that's coming out of operating revenues, not out of any available cash balances that are around. Commissioner De Yurre: Let me ask you something before you continue. You mentioned the figure of $5,000,000 for consultants. Mr. Jessup: Yet, if you add up all the appropriated line items for professional services, outside contracts, and so forth, it comes to approximately $4.8, $4.9 million dollars. Commissioner De Yurre: On an annual basis? Mr. Jessup: Appropriated in the general fund. Commissioner. De Yurre: On an annual basis? Mr. Jessup: Yes, for this current fiscal year budget. Mayor Suarez: Does that include legal? Mr. Jessup: It includes everything. Mayor Suarez: Including those hired by the City Attorney? Mr. Cox: Outside. Mr. Jessup: Anybody outside that's performing services. Mr. Odio: Jessup, can I do this? Let me... Mayor Suarez: Mr. Manager... Mr. Odio: As far as the professional services contract, that is contracts - are you talking about professional services? - or are you talking consultants or what? I need to... Mr. Jessup: Professional services, consultants, outside... Mr. Odio: We agree with you in that sense, and for next year's budget, which is the one I'm working on now, there will be no dollars in there for that. And we still have the ten million dollar problem, OK. Commissioner Plummer: No, no, no, wait a minute now, whoa, whoa. Mr. Odio: We are trying... Commissioner Plummer: There is a lot of outside professional contracts by law that you must enter. into. When you get an auditing firm to do a contract for Merrill -Stevens, that's a professional outside contract. Mr. Odio: Oh no, no, no, no. Commissioner Plummer: You've got to pay for those. You have no choice. Mr. Odio: That we will have, the ones that we would have. Mayor Suarez: And also, the Legal Department cannot expect... Commissioner Plummer: So there are a lot of those of the five million, I'm sure it has to be, if that was the total number. Mr. Odio: But, there are many... Mayor Suarez: Let's not give the impression that we're going to save $5,000,000 by... Commissioner Plummer: No, no, not at all. 193 June 7, 1990 Mr. Odio: No, no, but... Mayor Suarez- ...although we're very pleased that all. consulting contracts have been frozen by the Manager in the .last few months. Mr. Odio: They have been. Commissioner Plummer: When you go out - I'm assuming, Barry, that you're talking about, for example... Mr. Jessup: Larry. Commissioner Plummer: Larry. Property appraisal. That's outside professional contract. Mr. Odio: No. Commissioner Plummer: Any by law, we've got to go out to appraisers. Mr. Odio: No, we have to have the C.F.A. also from outside, but outside of that... Mr. Jessup: Well, slow down for a second. Whoa, whoa, whoa. The only thing I have stated, and I'm not saying whether or not we haven't stated that they're inappropriate. All we're bringing your attention to is the fact that there's almost $5,000,000 worth of work that's being done outside of the City, and I think that a great deal of that could be done in-house. :ir. Odio: But that - Lxcuse me. Commissioner Plummer: Ah, ah, OK. Mr. Odio: See, but it doesn't come out of the general fund see, but I agree with you, and we froze all professional consultant contracts. Mayor Suarez: A lot of it does come out of general funds, Mr. Manager. Mr. Odio: Not all of them. Commissioner Plummer: No. Mayor Suarez: I'm not saying all, I said a lot of them. Mr. Odio: Now, as far as the $7,000,000 in code enforcement, Charlie and I met about - I don't remember when, six or eight weeks ago - and he mentioned that number to me. In front of him, I called the Law Department, and I called Building and Zoning, and they confirmed the $7,000,000. I have been told, and the City Attorney can confirm that, that the most that we can collect from the $7,000,000 is $700,000, the most. Mayor Suarez: About ten percent. Mr. Odio: Ten percent is the most we can collect. Mayor Suarez: The other 90 percent is poof, gone. Vice Mayor Dawkins: Well, why would we hire a firm - now I sat here and twice or three times, Mr. Carlos has come before us with a grandiose plan to go out and hire consultants who were guaranteed to collect these debts. Mr. Odio: No, no, no. Vice Mayor Dawkins: Oh, yes. Mr. Odio: This is something else, Commissioner, we're talking about the lien... Vice Mayor Dawkins: We're talking about uncollected debts. Mr. Odio: No, it has nothing to do with the code enforcement lien fees, or whatever he called them. This is something entirely different of what you're talking about, Commissioner. 194 June 7, 1990 Mr. Cox: OK, then why don't we foreclose on them, why don't we put them out for. liens. If we're fining people and people are not to straighten out what they've got wrong, then what is the point of having people work Saturdays and Sundays? Mayor Suarez: Let me ask... Mr. Cox: What is the point of fining people for garbage in their yards, for high grass, for zoning violations? What is the point in doing this if we cannot collect the fines? Mayor Suarez: Charlie, let me put that to the City Attorney, put him on the hot seat here for a second. Mr. Jorge L. Fernandez: Yes, sir. Mayor Suarez: Mr. City Attorney, how much money are we presently - and I'm sure you have that balance and that total right on the tip of your tongue, you have it right in your head, I'm sure - are we trying to collect right now in total claims by the City of these kinds? Mr. Fernandez: Of the code enforcement kind, the department director, the ex - department director of Building and Zoning, Edith Fuentes, did submit a list that contained approximately $7,000,000. In further analysis — Mayor Suarez: No, no, no, that's not my question. It's not what the ex - department director told you. Your department, the Legal Department... Mr. Fernandez: Yes. Mayor Suarez: How many claims are now trying to exert, either by letters of demand or by lawsuits to collect on unpaid code enforcement fines and levies? Mr. Fernandez: So far, we have started on approximately $250,000. Mayor Suarez: It sounds like a far cry from $7,000,000. There may be somebody over there that's got to get busy filing suits. Mr. Garcia: Mr. Mayor, could... Mr. Fernandez: But the $7,000,000 is not reasonable, is an inflated amount. It does not take into account reasonable legal considerations. For example, these are fees that have been growing over two, three years. Liening of property whose real estate value is five, six thousand dollars and there is a lien placed on that property for $120,000. Now, to report that there is $120,000 out there to be... Mayor Suarez: A lot of it is not collectable, I'm aware of that. I just wanted to know how much you were, at this point, claiming or exerting claims, either by law or by letter of demand. Let me say this, Mr. City Attorney. Mr. Fernandez: Yes, sir.. Mayor Suarez: And this goes to the issue of consultants. More than once we have said we can get attorneys to help out in those basis on a pro Bono basis. We can work together because I think we ought to get some of them filing those suits right away and let's see how much money we can collect, and I'll commit myself to finding as many as ten attorneys to begin filing those suits to help you out. We've got to file those suits. Maybe only $700,000 can be collected. Seven hundred thousand dollars would save a lot of these jobs anyhow. But maybe a lot more than seven hundred. I have... Mr. Fernandez: But, sir, it's an unfair representation to this Commission that the administration and the Law Department are not actively pursuing debts that are out there. Mayor Suarez: Well, you know, with all due respect, being ready to exert claims on $250,000 out of $7,000,000 to me, is not being as efficient as you should be. But God knows why that is, and I'm riot going to pre -judge that because, you know, I respect you as a City Attorney. I'm just saying, we can get you more support, more legal help, from my own law firm, if it's legal, on 195 June 7, 1990 a pro bono basis, we'll help file these suits, and other attornevs. We'll set up a committee. We've got to go out and try to collect as many of these debts NEW as possible and I have a feeling there's not that many as you're stating where the amount owed is over $100,00 and the lot is only $5,000. I can't imagine too many of those, but I'm sure there's some. _ Mr. Fernandez: In our best guesstimate, there is... Mayor Suarez: Yes, it's a guess, more on a guesstimate. Go ahead. Mr. Fernandez: Correct. Mr. Klausner: According to your own records, the assessed value of the property hit by the liens is at least $1.1 million dollars. We should be = selling this property on the courthouse steps and taking it for what it's — worth. (Applause and cheering) Mr. Fernandez: But then, Mr. Mayor... Mayor Suarez: Now we got them, now we got them, now we got them because we're going to get a little bit of legal help out of Klausner here. Mr. Fernandez: It is the policy of this Commission, Mr. Mayor, that we don't put out on the street families, and if we were to pursue that policy, we would doing against exactly what you've told us to do. (Jeering) Mr. Fernandez: Great. Mayor Suarez: All right. Please, please, please.... Mr. Klausner: Mr. Mayor... Mr. Fernandez: Have your cake and eat it. Mayor Suarez: Please, please, we will be sure to exempt those who are going to put a family out on the street. Now... Mr. Klausner: Mr. Mayor, I'll donate... Mayor Suarez: Mr. Klausner, did I hear you say - I thought Mr. City Attorney, please... Mr. Fernandez: Yes, sir. Mr. Klausner: I will donate some of my time to help the City out. Mayor Suarez: I thought I heard him say that he's going to donate some time to help you exert these claims on a pro bono basis. Mr. Klausner: I will donate my time to the City to help collect this money. If it's going keep these people working, I will donate my time. Mayor Suarez: And I thought I saw Joe Kaplan out there. All right, very good. (Applause and cheering) Mayor Suarez: Please, please. Mr. Fernandez: Mr. Mayor. Joseph Kaplan, Esq.: Mr. Mayor, if you'll get me appointed as an Assistant City Attorney pro tem, I'd be happy to try to collect some of the money. Mayor. Suarez: Pro tem or pro bono now? Let's get all the pros in. Mr. Fernandez: Mr. Mayor... 196 June 7, 1990 Mr. Kaplan: How about a contingency fee arrangement? Mayor Suarez: No. Well, that's the second step, Joe. We'll go to that and I'm sure the City Attorney, if it's legal, occasionally come to a situation we're offer people on a contingent fee basis to try to collect those difficult ones. Mr. Klausner: I still have my old Assistant City Attorney badge. Mayor Suarez: Very good. Charlie, please, proceed. Mr. Fernandez: When our distinguished fellow attorneys on the other side of the fence perhaps stop bringing frivolous lawsuit against the City, perhaps the City would not be in the situation in which it is, and that would be much more appreciated. Mayor Suarez: Mr. City Attorney. (Booing) Mr. Fernandez: They give it, they should be able to take it, Mr. Mayor. Mayor Suarez: Mr. City Attorney, I got another idea. If there's a frivolous lawsuit filed, I want you to proceed, as I'm sure you have been doing, although I don't want to put you on the spot and ask how much money you've collected, to file a claim under the recent statute for frivolous lawsuits. Mr. Fernandez: Fifty-seven, quite a lot of money. Mayor Suarez: Thank you. Mr. Odio: The thing I... Mayor Suarez: And collect for the frivolous lawsuit against the plaintiff if you can, or maybe even his attorney, if it's in bad faith. Mr. Odio: The thing is that - and I need to say this. And I respect Charlie... Mayor Suarez: I can see you're eager to begin those kind of lawsuits. Mr. Odio: And I respect Charlie quite a bit and Jesse. We know about those uncollected funds. it's nothing new to us. We know that we have just four squad of police officers with people from the Budget Department to collect two -and -a -half million dollars of ticket fines, and we're going to use the boot- and put, you know, go after those monies. We had collected over... Mayor Suarez: I like the idea of using police officers. I bet you J.L. does too. That's exactly what we need to do. Mr. Odio: We need to. We need to collect. The only way we can go after those fines is with police officers. We have done all that. Mayor Suarez: All right, anyhow, that's a pretty good idea, that'll probably scare them. Anyhow, go ahead, Charlie. Mr. Cox: As of June 6th, 1990, there remains an uncollected bill for Fire Rescue and Inspection Service at the Port of Miami in the amount of $203,644. Commissioner Plummer: You'll be happy to know that today we passed a bill in which they will be paying us two -and -a -half million dollars over five years. Mr. Cox: Are you going to collect... Commissioner Alonso: These are uncollected. Commissioner Plummer: Excuse me? Mr. Cox: Yes. Mr. Klausner: They have to pay it. 197 June 7, 1990 Commissioner Plummer: They've got to pay It and the schedule - and the reason they had not paid it, is because of the negotiation. I would not accept the very low fee that they were offering us. We now will be collecting two -and -a- _= half million in the next five years. Mr. Klausner: Then you're to be commended. Mr. Cox: There remains an unpaid bill since February 9th, 1989. A bill to the Dade County School Board for the sum of $313,005. Mayor Suarez: What's that for, Charlie? Mr. Odio: That's the agreement we have for them to use the parks system which we never had before and we finally charged them for using our parks and, yes, that is in the budget. That is not going to add cash to it. Mayor Suarez: That's not the point. Tile point is not that it's in the budget, the point is that it is a bill that's uncollected. Why hasn't the School Board paid us? Mr. Klausner: That's for the 188-'89 year. Mayor Suarez: 188-'89 fiscal year, Mr. Manager. Mr. Odio: Well, they are as slow paying as we are. Vice Mayor Dawkins: They what? Mr. Odio: They pay as slow as we do. Vice Mayor Dawkins: Yes, but we just passed a billion dollar bond. Why we got to wait on them? Mayor Suarez: I can't imagine that it would go beyond a fiscal year that the School Board wouldn't pay. Have you called the superintendent on that? Please. Commissioner Plummer: What is it, a hundred thousand dollars? Mayor Suarez: Let's get a report on that one. I mean, if we get nothing out of this hearing besides, you know, finding out why the School Board hasn't paid us by the next hearing, please let us know, because I'll be happy to call Paul Bell or whoever is... Vice Mayor Dawkins: After he comes out of the hospital. Mayor Suarez: Yes, or whoever is in an acting capacity. I think T. Greer may be. Go ahead. Mr. Cox: There remains an unpaid bill for Miami Motorsports, an uncollected bill in the amount of $91,499. These three bills recorded in the general fund total $608,148. Mayor Suarez: Why does Miami Motorsports owe us $91,000? Commissioner Plummer: No, no, no. Wait a minute, now, that's, you know, when you get a little bit, you don't get it all. Those two was agreed upon by this Commission that those bills would be paid from the pass through money in 1994 and 1995. So, those monies are due and owing. They will be paid as agreed upon in the contract in the year '94 and '95. So those... Mayor Suarez: Yes, we made an agreement on the payment of those. Commissioner Plummer: That was an agreement that this Commission entered into. Mayor Suarez: Maybe it wasn't. a wise agreement, but we did make an agreement. UNIDENTIFIED SPEAKER: Good. Mayor Suarez: All right. Put an asterisk next to that one. Just go ahead, Charlie. 198 June 7, 1990 El E Mr. Cox: So we take away $100,00, we still got $500,000 out. Mayor Suarez: I gather we're still way up there. Again, with enough money to have not had to lay off employees that don't have high level salaries. Mr. Cox: According to management, there is a claim that 444 positions have been hired in the second tier, 25 percent lower starting pay, at a presumed savings of $8,000 per person, per year. According to City records received through a public records demand, only 229 people have actually been hired. Of those 229, 28 are in the unclassified service and receive salaries substantially above those of any proportion in the bargaining unit. The most significant examples of salaries is in the Law Department. Of the remaining 201 persons, 16 are managerial and confidential and also receive salaries significantly above anything in the bargaining unit. Of the remaining employees, 86, or nearly half, have been hired at pay rates above the second tier and some have been even hired at rates... Mayor Suarez: OK, Charlie, back up a second so everybody understands. When you're talking about second tier, you're talking about the newly negotiated compensation rate for new employees after you negotiated with us... Mr. Cox: Three years ago contract, yes, sir. Mayor Suarez: Mr. Manager, why would anybody who was supposed to be paid 25 percent less, and we touted this and we told the whole world about it, we complemented your union for what we thought was a very fair agreement that allowed us have more field workers, less high paying people, etcetera, etcetera ... Mr. Odio: We have... Mayor Suarez: ...be hired and not come in at the lower wage that we agreed upon. Mr. Odio: I'll be glad to provide the records again to the union. We have 435 people on the second tier, and I will prove that to them. I will prove it to you. If you want, we'll be glad to meet with the Personnel Department. Mayor Suarez: Is there any reason why any one of them who were hired after that union agreement? -when did that go into effect, Charles? Mr. Odio: Twc years ago. Mr. Cox: 1987. Mayor Suarez: Would be hired and not receive that lower... Mr. Cox: It started - it was supposed to start January 1, 1988, January 8th. Mayor Suarez: ...and not receive that lower pay. Is there any reason why? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes, we'd like these things on the record. Ms. Bellamy: No, I can explain. it. We have, after January 14th, 1988, nobody was hired in any tier other than tier two. The only people who were hired at a rate in tier one were where we could document cases where they had been offered the job before January 14th, 1988 and we have those documents. Mayor Suarez: Why would somebody who was offered a job not have taken it and come in right away, got his salary? Ms. Bellamy: No, no, no they... Mr. Odio: No, what happened is, if you offer somebody a job before the second tier came into effect, and you had offered him to make $20,000 and then you can... Mayor Suarez: How many people could there possibly be out there that we offered a job that didn't take it right away? I don't get this. 199 June 7, 1990 Ms. Bellamy: I think it was, as I recall, this is memory, there were only about 20 people. There weren't a lot of people. Mavor Suarez: There were 20 pending job offers on a particular day? Ms. Bellamy: No, there were pending - I'm taking a number, I'm giving you an example. I don't know specifically how many, but I remember that I approved the cases one by one where departments said, we have offered the job where the Manager has said, yes, a person can start. And I had that in writing to prove that it was prior to January 14th, 1988. , Mayor Suarez: You maybe should have restated the offer and said, by the way, since you didn't accept it quickly enough, we're going to have to pay you less. Mr. Odio: Come to think of it, I should have done that. Mayor Suarez: Yes, thank you. Mr. Odio: I really should have talked... (Laughter) Mayor Suarez: All right, Charles, we would have saved a lot of money because they're in the system now. They'll be making more and more money. Mr. Cox: In other words, some of these people who were offered jobs back in '88 and just got hired in 189. Commissioner Plummer: 187 they were... Mayor Suarez: No, no, no, we got to be clear on that. If there's anybody like that offered a job - well, unless you mean late 188 - I thought he was talking about early 188. Mr. Cox: That's exactly what she said. UNIDENTIFIED SPEAKER: She just said it. Mr. Odio: Mr. Mayor... Ms. Bellamy: Mayor, Mayor, there were 33 other people who have been temporary prior to January 14th, 1988, and by agreement with the union, those people, when they became full time employees, they came and still won. Mr. Odio: Charlie, you have a short memory. I promised those people... Mayor Suarez: Charlie, I think we got you on one here now. Mr. Cox: No, you do not have me on one. I know how to add and subtract. Thirty-three from 86 still leaves 50. Mayor Suarez: All right. Mr. Odio: You can add and subtract all you wart, we... Mayor Suarez: We got to get the answer on those last fifty. Mr. Odio: Wait, wait, we made an agreement that if anybody had been in the City as a temporary, even though we had a second tier... Mr. Cox: What kind of temporary? Mr. Odio: Any kind of temporary. Mr. Cox: No. What kind of temporary is the agreement? Ms. Bellamy: No, only full time temporary positions. Mr. Odio: Full time temporaries that we... 200 June 7, 1990 Mr. Cox: That's correct. Mayor Suarez: OK, apparently there were 30 some of those, Mr. Manager, and he's saying there's still fifty unaccounted for. Ms. Bellamy: Thirty-three. Mr. Cox: There weren't. Mr. Odio: Well, I don't agree with all of his numbers. He can give you all the numbers he wants. I am telling you... Mr. Klausner: It's their numbers. Mayor Suarez: We have a pending dispute as to those last fifty, and I hope we can resolve it before... Mr. Odio: I don't have to resolve this, Mr. Mayor. Let me explain something to you. Mayor Suarez: We want it. resolved, Mr. Manager. Mr. Odio: Let me explain something to you, Mr.Mayor. We agreed with Charlie Cox that if we promoted anybody from the temporary ranks, even though it might be after the second tier was - it wasn't Charlie Cox, it was Sherman - that... Mayor Suarez: The head of the union, whoever. Mr. Odio: That if we promoted anyone after the second tier was in place, they would be promoted to the first tier because it would have been unfair to them after they have been in the City for a while, then to bring them in at a lower pay. Mayor. Suarez: Apparently, there's still another 50 unaccounted for roughly and I hope we get those documented. Mr. Cox: I have the agreement right here. Mayor Suarez: Somebody, note down from my staff, at least, all of the questions that are still. pending because there is going be quite a few. All right, Charles, go ahead. Mr. Charlie Cox: While the general employees took a zero pay raise as part of its last contract, managerial employees during the same time received pay increases as high as thirty-five percent, when moved from the classified to unclassified service. In addition, this union has been, only one to accept a freeze of its pay steps as part of a measures of saving money to the City. The members in our bargain unit have been seriously eroded by the abolishment of positions. In fiscal year 1987, there were thirteen hundred and forty-eight bargaining unit positions, and six hundred and nine managerial confidential positions. In fiscal year 1988, there were five hundred and seventy-nine managerial positions and twelve hundred and ninety-nine bargaining unit positions. By fiscal year 1989, there were a thousand ninety-eight bargaining unit positions and five hundred and ninety managerial confidential positions. As you can see, the managerial confidential positions increased by eleven, at the same time the bargaining unit positions decreased by two hundred. Currently, there are a thousand thirty-eight bargaining unit positions, three hundred and ninety-five managerial confidential positions and a hundred and thirty-two unclassified positions. Many talented long time employees find themselves unable to advance in a work. force because non -employees are being directly hired into promotional positions. Many of these new hirees have as their only qualifications, some political connections rather than demonstrating good service to the City. (Applause) Mr. Cox: At the same time that the bargaining unit has been eroded through the abolishment of positions, most of which have been skilled trade positions, the City has had to subcontract out plumbing, carpentry, electrical, lime work... these jobs were formally all performed in-house by our employees. Now the work goes undone because we do not have enough workers to perform the jobs. There are hundreds of skilled workers in the City of Miami, many of. 201 June 7, 1990 whom ark underP.mployP_d minorities who Could be givp.n an opportiini.ty to serve their community, at the same time, help themselves. Yet the constant practice of erosion of the City work force in favor of using outside contractors, who _ add a profit to their production cost continue without apparent end. There exist more than a million dollars in unused salary, surpluses in the Sanitation Department which have not been brought to your attention. The City has given millions to organizations, charities, and festivals at a time when it must cut service to make ends meet. The first duty of good government is to provide basic service to its citizens. The City cannot do this at its current rate which is abolishment of jobs. These are but a few of the unreported surpluses and assets which are going unused and uncollected while hard-working, honest City workers face financial ruin. We will not accept _ this result nor suffer these injuries for the failure of those whom we work. =_ - Cutting salaries while millions of fines from law breakers go uncollected is an insult to the people who make sacrifices everyday for you and for the citizens of this City. Those employees have been asked time and time again to = _ make financial sacrifices. They have accepted no wage .increases in order to — keep their jobs, they have agreed to freeze their step advances in the past, —_ which is a pay cut in order to help the City out, when it is strapped for money. You have come to those employees who are your lowest paid ones, too many times. There are not enough people who could afford to take home any �_ less than they do now. Your focus should be on collecting millions of dollars from people who ignore the law rather than taking pennies from the people who could least afford it. If you desire any specific names, dates and places, we _= have all the documents here for your examination. We also engaged a professional labor economist, who is engaged in a comprehensive study of City financial records. It is through our efforts and his efforts that the uncollected fines and ignored rental payments are being brought to your —_ attention now. At this point, I'd like to turn over the meeting to Larry to continue with this. (Applause) Mr. Lawrence Jessup: My name is Lawrence Jessup, I am an economic consultant for all the City's unions, and I live at 74 NE 151st Street. Mayor Suarez: I'm sorry, I meant to make one comment. The Manager has indicated to me, at least in the case of one, and I presume the has talked it over with some of the other, with all the other Commissioners, at least in the case of one other union, and I maybe a little careful on talking too much about the negotiations that are pending. But you spoke on behalf of A.F.S.C.M.E. you made a point Charlie, and I think it was very important, that your union accepted a twenty-five percent reduction on entry level pay, what you call tier two, and we've discussed some of the other unions having to do that. The idea would be to protect those of you who are City employees for many years, and begin to reduce the entry level people, many of whom in some departments come flocking to us for jobs, any time there is an opening. And I think we all know some of the departments we are talking about. For myself, we just approved a contract with our Police Union, for myself, I can't agree to reduce their entry level pay. That's just one department, we cannot afford to do that, we need the very best police officers that we can find and we have to be competitive with the best Police Departments in the nation, the highest paid, because we've got every possible difficulty in crime situations and law enforcement in our community. But other departments, I think are subject to that, and I'm very pleased that the Manager has, in the case of at least one other department, checked and in fact, found that the entry level pay was six, seven, eight thousand dollars higher than the national norm for similar cities, and we have to start doing that. So new employees, they have to work their way up as those of you who have been working in the City five, ten, fifteen, twenty years have a little bit more of an opportunity to make more money. That's the system that we want, to implement. Your union agreed to that and it's unfair that it's the only one that did. I'm not sure, by the way, in the case of the Solid Waste Department that we can reduce your entry level much more. So I'm not particularly talking about yours, but some of the other departments, and I think we all know which ones we are talking about. Mr. Odio: Well, the reason we agreed in the contract negotiations to give a four percent cost of living increase to the Solid Waste Department workers, was that we found, in looking back at a period of ten year: t hat they have always collie out on the short end in increases of salaries, t, d they are now beginning to make it up. As far as the managerial peop-1-1., it's true that there are three or four people got a... because of promoti ii , got a thirty- 202 June 7, 1990 f ive percent increase and I won't deny that, but the total picture of people that are not under contract for the City of Miami., the executive; have received a fourteen percent pay increase in five years, while at the same period of time, the contracts, the people under contracts, were being provided thirty-one percent. _ Mayor Suarez: Mr. Manager, with all due respect, those people, a lot of them were getting paid such high salaries that it would have been unconscionable to give them any increases while all these unions were trying to get four percent to work themselves from twenty to twenty... — Mr. Odio: And that's why we didn't do it. But at least, they did accept the fact that for two years they got zero salary increases, and that has to be recognized when you are talking about now cutting their pay. Commissioner De Yurre: Let me point something... Mayor Suarez: Well a lot of them, if they, I counted three hundred and eighty-two making over fifty thousand dollars in the City of Miami, a lot of those people, maybe, they should have been told, listen, you've gone as high as you could possibly go, if you want to make more money, you're going to have to go outside to the private sector. Mr. Odio: But, how can you tell an experienced Fire Lieutenant or Captain, or an experienced Captain in the Police force to leave because they are making fifty-five. Mayor Suarez: Well, you are talking about the classified ones, there are a lot of those that are unclassified, we're going to be getting into that. Commissioner De Yurre: Let me just point something out. Larry, you're a consultant for any particular union, A.F.S.C.M.E.? Mr. Jessup: All of them. Commissioner De Yurre: All of them. And you're a paid consultant? Mr. Jessup: Yes. I don't work for any for zero. Commissioner De Yurre: OK. And you're valuable asset, I would imagine, to the unions. Mr. Jessup: I've been doing this for these unions in this City since 1976, Commissioner De Yurre: Wonderful. I just want to make the point that, consultants are needed at times because the point was made at 4.8 million, I'm sure that we can agree that part of that has to be necessary.... OK? Mayor Suarez: It's a well made point, consultants are needed at times, Larry, otherwise you are in trouble if you say no. So... Mr. Jessup: Yes, but I don't want anybody misdirecting my comments, all I did was give you a fact. How you interpret that fact, is your business. Commissioner De Yurre: No, no. But I just want to make it clear so that there is no misinterpretation. Mr. Jessup: Precisely. Go ahead, Charlie. Mr. Cox: But the need for this is, that we've been hearing and been hearing that there is a financial crisis. We've tried to get records, we've tried to get assistance, you come to us and ask us for help. Ms. Alonso said last time that, we're reasonable people, we are trying to be reasonable people. When you withhold the information, when you don't make an attempt, if nobody is afraid to hide what's going on, show us. Prove it to us, come to us and ask us for help. We have done that in the past, we demonstrated it and now all of a sudden, one department doesn't know what the other department is doing, and Larry will get into that. Commissioner De Yurre: OK. But he's been here since '76, right? It isn't that he was brought in now to take care of this problem. He's been working on and off I would imagine, since 176... just, you know, a point I wanted to make. 203 June 7, 1990 Mr. Jessup: Yes. You're right. Consultants have their functions. It all depends on what you need done. And right now, what these people need done is to understand what your problem is. Because they are not going to make any decisions about their contracts next year about taking a zero increase, about accepting any layoffs without a fight, unless we understand as much as the _= City Manager does, the Finance Director does and the Budget Director does, concerning the finances and operations of this City. There will be no contracts until that is accomplished. Mayor Suarez: Larry, concentrate... please... concentrate on the economic analysis part and the union negotiation aspect of it, you know, there's a union here for that. Mr. Jessup: I will. Well, I just... it's all intertwined. I will do my best to keep it short and sweet. Mayor Suarez: He does pretty good at threatening us with no contract if we don't do the right thing, but get into the economics of it if you have any points to make, please. Mr. Jessup: Yes, I have a few points to make. First point, as a point of information, Chapter 166 of the Florida Statute 166.241 which is entitled "Fiscal Year's Financial Reports Appropriations and Audits," subsection three states: "The governing body of each municipality shall make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources. It is unlawful for any officer of a municipal government to draw money from the treasury except in pursuing of appropriation made by law." The reason I'm bringing this to your attention is, this is the requirement. in the state of Florida for balanced budgets. Commissioner Plummer: Also in our Charter. Mr. Jessup: Right. Right now, you've an illegal budget under the State law. The reason you have an illegal budget, principally, is that you built into your original budget, that sanitation fee, it was not adopted. The budget has not been changed to reflect that reduction of revenue. Now, why are we going on for so long in the fiscal year without things getting straightened out. Because I got to tell you, it's real difficult to go into a financial system and try and figure out, what's supposed to be done, what kind of decisions were made to spend the money when what you're looking at, has absolutely no basis in reality. It's kind of hard to figure out what kind of money you've got, what kind of money you are expecting to get. Not only that-, but I've been having a problem with getting financial records in a condition that we can understand what your current financial status is. You have published a financial statement as required by State law, except that, when it goes back to the details that you need to find in the computer system, it's not there, the books have not been adjusted back to September 30th 1989. They are not closed out yet to the final computer system. Kind of makes it hard to find out what kind of cash balances you've got, and when you do get the pieces of paper you're not sure if it's accurate. But be that as it may, just to give you a couple of more little pieces of information about money that's around, because we are only scratching the surface, so far. In special revenue fund, you have a sub -fund called "Unsafe and Blighted Structures," and in your special programs accounts, you have appropriated $500,000. You did that last year to tear down crack houses. Well, last year if you look at the books for September 30, 1989 - and bear in mind, I'm not so sure if this is an accurate figure - there is $103,000 left over from last year. Now, if your decision is to make an appropriation each year to provide a half a million dollars for these types of demolitions, right now, you've got over six hundred thousand available. If you want to pull a hundred thousand back to the general fund... Mayor Suarez: No, no, Larry. It was a one year decision, and I don't think we anticipate having five hundred thousand every year. It was difficult enough to find it, as it was. It was one shot. Mr. Jessup: Well., you got. $500,000 in this year's budget and you had $500,000 in last year's budget. Commissioner Plummer: From Community Development. 204 June 1, 1990 Mr. Odio: it's CD funds and it's a revolving account... as We collect it, it goes back right into that account. Mayor Suarez: Mr. Manager, I hope you justify in this fiscal year's... Mr. Odio: No. I only did what you ordered me to do. Mayor Suarez: ... Mr. Manager, can I finish my statement, please. I hope in this year's fiscal consideration, deliberations rather, that you justify _ needing $500,000 every year. Pretty soon, we're going to run out of crack houses, I hope. Don't want to have $500,00 every year unless we can justify it. Go ahead, Larry... I didn't think in was every year, I thought it was one shot... just .like J.L. I thought. Mr. Jessup: There's another fund in the special revenue fund, ''Franchise Tax Revenue Services." The budget for this year from special programs and accounts are transferring about $800,000 over to that. The fund balance as of. September 30, 1989 was about $143,000 so you could reduce your transfer from this year's budget by that same amount of money. You got to understand that these other operations are not supposed to be profit making. Mayor Suarez: You brought a good point on special programs and accounts. I don't know if I speak, I think I speak for the rest of the Commission. I think it's high time that we abolish special programs and accounts as a separate accounting item. It's a catch-all, it's something where there's no adequate description. I think it's bad accounting, I really believe it's bad accounting. I think we ought to identify in the budget where the money is going to be needed and allocate it to a clearly characterized budget item and not put it into special programs and accounts. How much did we have in this year's budget, Mr. Manager, special programs and accounts?... in the current fiscal year. Mr. Odio: Thirty million dollars. Mr. Jessup: Thirty-two.. Mayor Suarez: We've got to... I don't think there's any accounting system in the world that would have thirty million dollars out of roughly two fifty, two sixty... Mr. Odio: It is a... Mayor Suarez: ... not identifi.ed... if I may finish my statement... other than to say that it's special programs and accounts. Not in the private sector and hopefully not in the public sector in any other municipality. And if they are doing that, they are as crazy as we are. Mr. Odio: I think you need to read the budget. If I may... Mayor Suarez: Mr. Manager, I have read the budget many, many times, as I am sure, you have. Mr. Odio: Let me read what is in special programs and accounts, which is an accounting... Mayor Suarez: I am suggesting that instead of putting it into a catch-all category, you allocate it by departments, and otherwise by categories and don't call it special programs and accounts. That doesn't give any indication to the general public, to the employees and to the Commission as to what the intended use is. That's a bad accounting practice because it doesn't clarify. Mr. Odio: Fine. I just want you to know, by the way, and I want to tell Jessup this, that we, today, received an award for the best budget of the year. Mayor Suarez: Congratulations. All right, Larry. Mr. Jessup. Why haven't... I don't understand what the response to that... I didn't accuse anybody of your not having an appropriate budget format... The point of it is... 205 June 7, 1990 Mayor Suarez: And by the way, it's been improved a lot, it obviously started off not being particularly good and it's improved a lot... go ahead. Mr. Jessup: Well, just as an aside, that budget gives you kind of like a general picture of it. For purposes of understanding the City operation in any kind of detail, if you really want to look at it, that's not going to do it. You have to go back to the financial system and at this particular time, it's very difficult to get any kind of accurate information out of it, which is my point. Mr. Odio: If I may, I'm glad you made that point, I really am, because we just finished going with the auditors, the outside auditors, and I want to bring to the Commission that in spite of not having funds, we need to do this from the Capital Fund. We need to update the financial system of the City. We're twenty years behind the times and it needs to be brought up to this age, and I agree with him on that. Mr. Jessup: I feel like I have to turn around. Mayor Suarez: See, we're agreeing a lot. Mr. Jessup: We are agreeing too much here. Mr. Odio: Not in everything. Mr. Jessup: He happens to be correct. You need a state of art financial system in order to be able to understand what is going on with this City and you don't have it. Vice Mayor Dawkins: So, what we need to do, get rid of all the people we got in the Finance Department? Mr. Jessup: Besides that, personally, I believe you don't have enough people in finance to handle it. Commissioner Plummer: Where do we get the money to buy it? Mr. Jessup: You're going to have to... Mr. Odio: We'll have to reallocate it from Capital Improvements. Mayor Suarez: By the way, but when you talk about state of the art, let's not get confused here and think that what we need is more computers or more different kinds of new phones, or anything. Unidentified Speaker: The software. Mr. Odio: Yes, you do. Mayor Suarez: ... Mr. Manager, if I may... - because I am again as upset as I was at the time, I wish I had voted against changing the whole system of phones in the City. I didn't know we were going to change the number too, I've been pledging to have the same number, for I don't know, how many elections and all of a sudden, I got a new number. And it's not the push button type phone, the nice easy ones to work, it's some complicated thing. Turns out, that I can't transfer my office, I got two phones and I can't transfer from one to the other a call. Can you believe that? But anyhow, state of the art meaning as to the system, not as to hardware and expenditures that we have to make, just the logic of the system is what you are talking about, I hope. Mr. Jessup: Yes, the access on a timely basis of accurate information, so that you can make management decisions about what's recorded in the financial system. The one that you have now doesn't work for that purpose. Mayor Suarez: Well, it works better than it used to but... Mr. Odio: It's called the FAM1S system which is famous for being wrong and we need to bring new software into our new hardware. Mr. •Jessup: Well, anyway, I'm getting lost in the shuffle here. 205 June 7, 1990 Mayor Suarez: Anyhow, I hope that software Is developed in-house. Another thing I'm finding out in all this, is that we have made agreements with our computer suppliers that say, we cannot use our computers by... we cannot use software that we developed in-house, or systems with the mainframe computers because we agree to not do that, not to develop t-h-m, we have to buy it from them which cost a lot of money. Not a very correct, not a very smart thing to do, hopefully we won't do that in the future. Mr. Jessup: OK. Well, trying to keep on track here, the point of all of this is that... Mayor Suarez: We are agreeing with you, Larry. Mr. Jessup: ... we need the information. Despite the fact that the system you have makes it difficult and tedious to get that information, it's being collected, it's being analyzed, it's being processed. There are two things that we want. Number one, is that for this current fiscal year, we want access for all revenue projections for all funds, for all expenditure projections for al.l funds, so that we can understand from their point of view what they think their budget problem is. Mayor Suarez: All right. Good question. Mr. Odio: I promised him in two weeks you will have all the information you required. Mayor Suarez: Mr. Manager, is there a simple way of getting revenue projections and expenditure projections for the rest of this fiscal year? Mr. Odio: Yes, and we will provide it to him... I have told him... to give it to him... Mayor Suarez: OK. Copies to us, please. Mr. Odio: Of course. Commissioner Plummer: But now, let's understand what he wants. Are you speaking about from the budget as approved or from today, forward? Mr. Jessup: What I want is, what reality reflects. Mayor Suarez: Actual revenues and actual expenditures. Mr. Jessup: I don't care what you... quite frankly J.L. I don't give a damn, excuse my French, about what the budget says. What I want to know, is what reality is. Mr. Odio: You will get that. Commissioner Plummer: Projections are not reality. Mr. Jessup: They are better than your budget. Commissioner Plummer: I won't disagree with that. Mr. Odio: I agree with you on that too. Mayor Suarez: Well, yes. The projections too, when we're very close to the time in which the projections take place as opposed to September of last year. Mr. Jessup: Because quite frankly... Mayor Suarez: They're more accurate. Mr. Jessup: We are all competent in the art of budgeting and analyzing it. We've been doing it for a long time. J.L., you know, from back in 1976 and 1978, when there were serious threats and pink slips actually went out for police officers and firefighters; under Joe Grassie, what kind of battles we had regarding the credibility and the competency of the information that was being provided to the Commission, and you're the only one that's left from those days. Cesar was around back then, I believe. Weren't you? 207 June 7, 1990 Mr. Odio: No. He is older than me.. Mr. Jessup: No. Well, there are people on this side of the room that remember that.. That's why I want to get back to... this all relate to my opening statements, they were not threats.. - is that we will not be able to make any kind of... intelligent decisions. Mayor Suarez: But, we've agreed to get you that right away, within two weeks the Manager indicated. Mr. Jessup: Because while they are doing their analysis, I'm doing mine. Mayor Suarez: I thought, by the way, that will be just punching it in. I thought we had software that could provide that very quickly. Mr. Odio: I told him the other day, I want you to have the information. You will have the information. Mr. Jessup: OK. Well to be quite frank, I've been in the City Manager's presence when he has told people to give me the information and as of today, I still haven't gotten it. The second thing that we want, is the budget for next year as it currently exists, because quite frankly, we want to keep track of how it's being developed, we want to see what the problems are and we want to be involved in the process of determining what those solutions will be before they come to you. Mr. Odio: I'll tell you what... Mr. Jessup: We don't want to have to deal after the fact with, there's going to be a hundred layoffs, or there's going to be no increases in salaries. Quite frankly, if that's your position, and it could very well be true, but you're going to have to prove it to us. Mayor Suarez: Yes, Larry, we actually kind of want to be pretty involved in that too this year, and we've been trying to get more and more involved every year, so don't think that the fact that you get it at the same time as we do, is putting you in a lesser position. Mr. Odio: I wouldn't mind at all to have the union input into next year's budget. I have no problem with that... Mayor Suarez.: Very good. Mr. Odio: ... If they have good ideas to provide to us in how to resolve the next year's budget, I'll be delighted to meet with them at any time. Mayor Suarez: But they need to have the flow of information very quickly, Mr. Manager, because otherwise, they can't analyze it by the time we get to August to the hearings, it's just too late to... Mr. Odio: We do not have any information as of now on next year's budget because the departments are just beginning to put them together. We were hoping to have it ready by the first working... Mr. Jessup: Well, my understanding is, that they are... there is data available for next year's budget that's been put together. Mayor Suarez: I'm sure there is a skeleton budget already. Mr. Jessup: And that's what we want. Mr. Odio: There is, what I have provided to the department, is my policy on what they can expect in how to prepare a budget, and I'll be glad to get your input for that... Mr. Jessup: OK... Mr. Odio: For instance, salary freezes, you will not hire consultants, you will not put in travelling expenses which I've been looking at the line items. On every line item of the budget for three years, we are going to a zero base budget. I've told the departments in three meetings that I had with them, do not expect increases in your budget for next year. That has been done. So, 208 June 7, 1990 you can start from that basis but I'll glad to meet. with you guys anytime yoi:( want. Mr. Jessup: Yes. But the point is, they have already come to a conclusion for next year. Mr. Odio: No, we have not. Mr. Jessup: Let me finish. We aren't even talking about whether or not there is a problem for the current fiscal year or not, which will certainly impact on next year's. Let's just talk about next year's. They have come to a conclusion that there is a budget problem in the magnitude at ten to eleven million dollars. And whatever the basis of that is, we will see. But, you can't come to that conclusion unless you have all the pieces put together. Mayor Suarez: You have to have some projections, even early projections otherwise, you can't come to that conclusion, obviously. Now, we won't necessarily share and he doesn't have an obligation to share every single one of his rough drafts of a budget with you. Mr. Jessup: Yes, he does. Under the State law, it's a public record and I beg to differ with you, Mayor. Mr.. Odio: Again, Mr. Mayor, I'll be glad to sit down with them. Mayor Suarez: I don't know about that. Anyhow, we will share whatever we have access to, you'll have. Mr. Jessup: For your information, that case was decided in the City of Gainsville back in the late seventies about whether or not budget work papers are public records. Mayor Suarez: I don't want to get into that, Larry. I think we could have our City Attorney get into it. he's going to have a lot of ideas and some of them, whether he reduces them to handwriting or not, may or may not be subject to public records request. The point is, as we get the information, you should be getting it, and we should be getting it a lot quicker than we are getting it. Apparently, we don't get it particularly quickly either. Mr. Jessup: OK. The final point I want to make, this is like 2(a) now because I said I was going to have two but it's really three. If this continues along the lines that we have experienced already, and it's going to be a matter of whether or not we believe reality to be one way and they believe reality to be another, I suggest that we have the budget trials that we had back twelve years ago, where there is a definite difference of opinion or maybe even creditability between the Administration and our point of view, that we have professionals appointed either through FIU or maybe some other, some CPA's or something from the community to sit down and let's hash it out. What's the best thing to do for the City of Miami for service levels to the citizens and what's the best thing to do for the people that work for the City and let's have it out again, and maybe even J.L. might want to chair that one again. Commissioner Plummer: I had enough in 176. Mayor Suarez: Well, some kind of procedure to go over the budget with a fine tooth comb and to bring in all the experts that we need to have... Mr. Odio: Let me offer... Mr. Suarez: ... I am sure is going to be acceptable to the Manager, he's about to say that. But, as to spending a lot of money, you know Larry, how I feel about that and the rest of the Commissioners. I know, I got at least one person on the City's Audit Committee who is my appointment who I know will, be willing to help us and the unions, of course, have experts. You spent the money and you are very, very knowledgeable and I think we can set up some kind of a process. Because I think this Commission wants to take a very active role in the budget very early and we need all the input we can get froin the experts. So, whether you call them budget trials or early budget hearings or work shops, in which we go... Commissioner Plummer.: No, no. He is talking about a different scenario. 209 June 7, 1990 Mayor Suarez: Yes. I know, he wants a... Mr. Odio: Let me... No. I know what he is talking about, but I would like to propose this to them, that we start budget workshops... Mr. Jessup: It's already started. Mr. Odio: ... from the week of June 18th to the 25th. You are welcome to participate in the budget process. But I want you there in every single department presentation and I want you to participate in it and you will see what I see, when I see it. Because that's the first time I'm going to see the budget. Mr. Jessup: That would be the first time that, that would ever happen in the City of Miami, too. Mayor Suarez: By the way, you have, I think from each of us who was able to, we don't, a lot of us don't have too much staff. At least, I know I can pledge from my staff, at least one person that will be there with you just in case some of the information somehow doesn't come as easily as it. should. Mr. Odio: Well, Mr. Mayor, then we have a... I'm talking about budget, my budget workshop with my department heads... and it's not the budget workshop with the Commission which comes after. Mayor Suarez: OK. But I'm sure if you have no problem with the union consultant being present, you have no problem with our office having a representative. Mr. Odio: I don't have a problem with anybody being present, but I want them, but the difference is, I want them to participate, actively. Mayor Suarez: Thank you. Mr. Jessup: I have one question and one last comment. My question is, anticipating the worst, let's say, and we are not getting what we need, who should I come to, you or the City Manager to get it straightened out? Commissioner Plummer: Obviously, the City Manager. It's within his purview. Mayor Suarez: I was going to say, obviously, the Commission but look, you've got all ... f irst the City Manager, and if you got any problems, you come to any of the Commissioners. Mr. Jessup: OK. And my final comment is, is that the reason we are here tonight quite frankly is, when a statement is made, that there are financial problems, it always seems, and this has been said before, the first reaction is, let's go cut them, let's go get them. I'm not sure why that always is. Rather than saying, are you doing your job? Are you doing the best that you can to make sure that the City is getting revenues that it needs and it deserves before you start going after them. And quite frankly, the reaction of going after them, has been going on for so long in this City, it seems to be an automatic knee jerk reaction, rather than turning over there to make sure that the management of this City is being done properly, and I don't think we're going to take it any more. (Applause) Mayor Suarez: Thank you for your presentation. We are getting on and it's been a long day. Mr. Klausner: Thank you. Mayor Suarez: Counselor, finish up please. Mr. Klausner: Mr. Mayor, I just had one last thing so these people can leave with no doubts in their minds, These people are leaving with their jobs, aren't they? Mayor Suarez: That sure looks that way to me. I mean... 210 June 7, 1990 11 C Mr. Klausner: Ts that the way this Commission sees it., as I read yoti? Mayor Suarez: The Manager has stated into the record that not a single one of the employees represented by either SEA or AFSCME... Mr. Odio: That's correct. Mayor Suarez:... because the S.E.A. does not represent the "ninety -nines," or do they? Mr. Odio: Yes. They do. Mr. Klausner: Yes, they do. Mayor Suarez: OK. As to the "ninety -nines," I think other than fourteen, he is planning to build into next year's budget, all except fourteen... I think this Commission... Mr. Odio: No. Hold it. Commissioner De Yurre: Hold it. Those fourteen, it's my understanding that they are going to retain that position. Mr. Odio: I will do that only if they agree to what we agreed in our conversations. We negotiated in good faith, we both did, he had shaken hands with me, Mr. Sims, so if we agree, we will promote not in September 30th, but now we will begin to promote the "ninety -nines" into the permanent positions. Mr. Klausner: I think the goal for the "ninety -nines," has always been... Mr. Odio: To become permanent. Mr. Klausner: ... to move them in... Mr. Odio: Sure. Mr. Klausner: ... and I think there ninety-nine "ninety -nines." Mr. Odio: I have never liked the 99s system, I want you to know that. I don't feel... I have been there at 5:00 in the morning... I would not like to be in a position to come every morning and wait to see if I'm called. Mr. Klausner: Me either. Mr. Odio: And besides that, it lends itself to a lot of other things. Mr. Klausner: Yes. Mayor Suarez: All right. So as to the A.F.S.C.M.E. employees, it doesn't look, from what he has stated, like there is any proposed layoffs either in this fiscal year or next fiscal year. So, I mean, we still have to figure out how we're going to put together the budget for next year, certainly and as to this year, we may still have some kind of shortfall. We may have to make it up but I have all kinds of ideas how we can make it up without having to affect any of the jobs of the people here. Mr. Klausner: Mr. Mayor, there is an old Spanish saying, "that it's a far cry from the speech to the deed," and if we live up to the words that were spoken here today, then maybe, we will be partners and not adversaries in this deal. Mayor Suarez: Yes. And if some conditions too on your side Counselor, because as the Manager stated, there are tentatively finalized negotiations with S.E.A. and we are still in the midst of negotiations with the firefighters and... Mr. Klausner: And with A.F.S.C.M.E. as well. And as I told you, Mr. Mayor, if you let us participate in the process and you let us know the same information that you know, so that we don't operate in the dark, then maybe when there are problems, we'll tend to be more understanding about it. Mayor Suarez: And I think we set a procedure today, to accomplish precisely that. 211 June 7, 1990 Mr. Klausner: And we thank the Commission for their- concern in watching out for the jobs for these people. Mayor Suarez: Very good. (Applause) — Mayor Suarez: OK. Commissioner Alonso. Commissioner Alonso: At the beginning of this meeting I made a motion. Before I make a move on this motion to change it in any way, I want to be sure that before we leave today, we have job security for these people and that has to come from the City Manager, telling me exactly, if that is the case. I want job security for everyone. I don't want to see fourteen, I don't think it's fair that we feel right because sixty are going to have a secure job, and what about the rest of them? - the fourteen, are very important to me as well. Maybe, the fourteen turns to be a higher number. I don't know, I have not seen the list. I have no way up to this minute, to tell you if the numbers that have been thrown in this meeting are correct or not. On the basis of that, I would like an answer to the best of your ability, Mr. City Manager. Are we leaving this meeting today, because I have a motion that I presented, and I asked for the five percent reduction and the freeze only by doing that, I felt I could save the position of the employees in the City of Miami, and after giving a lot of thought to the idea, I came to the conclusion that, that was the only possibility that I had in front of me. It was difficult for me to come up and say, make a five percent reduction. Just a minute ago, I was told by the City Attorney that even though, in the last Commission meeting, I brought exactly the same motion and no one told me that these could have some legal implications. Now, they are telling me that they have not researched this enough as to tell me, it's legal for me to ask for a five percent reduction or not. To me, it's morally right. They have to tell me whether it's legally right or not. What I'm trying to save is the jobs of individuals that I feel make very little money and I want to keep them working, that's the only concern that I have, If today, I'm given word that these people will continue to work for the City of Miami, and they have job security, fine with me, I don't anyone to reduce their salaries. But if that is not the case, I want a legal opinion. Could I do this? Is it legal? Is it. not? If the answer is no, why didn't they give me an answer two weeks ago and now, wait until the last minute to let me know? Mr. Odio: To answer the first part of the question. No, I will not layoff. I said it before, these A.F.S.C.M.E. people, but we will have to layoff some managerial people, as I had planned. Before this meeting came up. The saving of the fourteen positions that we were proposing to eliminate was $642,000. I cannot go back and say we cannot, we can afford to keep those people. Mayor Suarez: .Just on salaries... not on benefits? Mr. Odio: On salaries alone. Mayor Suarez: So, you are talking roughly an average of... Mr. Odio: Six hundred and forty two thousand dollars. Mayor Suarez: You're talking roughly an average of forty five thousand per? Mr. Odio: That's correct. And now, we can't have it both ways. Mayor Suarez: We maybe, looking at employees at slightly lower salary ranges than we're thinking about. Mr. Odio: The lowest one that we got in that list, if my memory serves me right, was $38,000. Mayor Suarez: I don't think so, with my math, but anyhow. We are looking at higher level people, remember. Mr. Odio: Now, what I'm doing and I cannot promise that those people will have a job... no, I won't. And as far as, I said before, that we have to look up to thirty-five positions, that we have to eliminate. 212 June 7, 1990 Mr. Klausner: Is that going to roll down into some of these smaller people being pushed out at the end? Mr. Odio: They will be in the ones that I... in the f irst fourteen that I saw, there is no rollback. Mayor Suarez: You know, I have a lot of problems, Mr. Manager, in the middle of... wait, wait, Charlie... in the middle of the fiscal year, coming to that conclusion, all of a sudden, I mean, I would hope and again without having to make it a motion because we've got all the legal problems that Commissioner Alonso referred to, that you look for ways of not having to make those cutbacks until you have convinced us that that is the best way to proceed and convince yourself. Mr. Odio: I am convinced, Mr. Mayor, that we have to cut back now. We cannot wait until September 30th. Mayor Suarez: Well, I didn't say September 30th. I mean, you have a little bit more time. The Commissioner was looking, Commissioner Alonso was looking to make a motion on the people over $60,000 to be reduced, to have their salaries reduced. Why, if you had the option of reducing some of the people whose salaries are over sixty, in this fiscal. year, would you not consider that before laying off people who salaries are less than fifty? Mr. Odio: Because the savings of cutting back five percent from those people, is $300,000 ,.. - $342,500. We have to look for a million nine hundred thousand dollars in saving this year and that's why we felt... and by the way, we talked about it in meetings that, should we volunteer to cut on... Mayor Suarez: How much do we have in the reserve right now? Mr. Odio: There is a fund balance frozen of six million dollars in the bank. Mayor Suarez: What is the exact amount? That's minimum six million. What is the exact amount in the fund balance? Mr. Odio: That's... it's six million, right now. Commissioner Alonso: It has not increased any? Mayor Suarez: Mr. Garcia, Are you telling me that we have exactly six million dollars in the fund balance? Mr. Carlos Garcia: We have six million segregated. The fund balance, as I said, is a constantly changing amount. Mayor Suarez: All right, let me restate. Conup.issioner Alonso: Hold it a minute. Not changing, because it was very clearly stated in my motion here that it cannot change below six million. Mr. Odio: It will not go below. Mr. Garcia: As I said, Commission... Commissioner Alonso: Is it exactly at six million? Mr. Garcia: No. The six million dollars, as I said, is segregated in a separate account. OK? Commissioner Alonso: The fund balance is in a separate account? Mr. Garcia: A six million dollar fund balance is... part of the fund balance, a six million dollar balance is in a separate account. The rest of the fund balance is a constantly changing number because, as I told the Mayor once before, you get all your revenues at the beginning of the year, or the bulk of your revenues, and then you spend that out throughout the year. Mayor Suarez: What is the projected fund balance, September 30th of this year? Mr. Garcia: Maybe the Budget Director can... 213 June 7, 1990 1 Mr. Odio: Of this year, that we are finishing, I will project that, because we have to, we'll finish with the six million. Mayor Suarez: All right, it sounds to me like we are OK. We are going to stay at six million, doesn't sound like we need to layoff anybody. Mr. Odio: We have to. Mayor Suarez: Anyhow, you got a real problem there, because you're saying on the one hand the fund balance projected is six million on the other hand, _ you're... Mr. Odio: Well, wait, just a minute, Mr. Mayor, Mr. Mayor. Commissioner Alonso: This is emergency money, this is an emergency. Mr. Odio: I£ you don't want me to layoff those people then you have to authorize me to use the fund balance. Mayor Suarez: I just asked you what is the projected fund balance, you said six million. Mr. Odio: Because we had to, by Ordinance. Mayor Suarez: Which is what we, by Ordinance requested and... Mr. Odio: To me the six million dollars doesn't exist. Now if you are telling me I can use it... Mayor Suarez: If you can stay at six million and not lay off anybody, why would you lay off anybody? Commissioner Alonso: No, you can't. But, yes. We can instruct you to use it. You cannot. Mr. Odio: Fine, go ahead and do it. Commissioner Alonso: Mr. Manager, that will be a decision that we will make as a Commission. Mr. Odio: I have to consider that I have zero dollars. Commissioner Alonso: You certainly have zero money. Mr. Odio: So, as far as I'm concerned, the six million dollars doesn't exist. Mayor Suarez: Exactly, to change the budget you have zero... unless we approve any change in the budget, you have zero dollars available to change anything, that's the way budgeting works. Commissioner Alonso: That's right, exactly. That's what we instructed you. By the way, if I go and check, I'll find that money in a separate account? Mr. Garcia: Yes, Ma'am. Commissioner Alonso: Good. I will check in the morning. Mr. Fernandez: Mr. Mayor, may I respond to Commissioner Alonso? Mayor Suarez: I thought she was asking for a written opinion. Mr. Fernandez: I will gladly give her a written opinion, but let me clarify what our position is... that in you considering passing this motion that she has made, my recommendation as your Attorney to you, would be that you couch it in terms that would sound like this: "To the extent. permitted by law," and... Mayor Suarez: Wait, I thought we weren't at that point, I maybe misheard the Conunissioner. I thought she was going to say, let's get a legal opinion on it and then revive the motion at a later time. 214 June 7, 1990 Mr. Fernandez: Correct. But. I want to clarify with thn Commission, with Commissioner Alonso, the factthat, my comments to her were not that. it co>>Id not be done. I .just want to put in all the cak.ition that, depends on the basis that a person... Mayor Suarez: But we don't want to send people after making a motion_ that has a proviso as long as it's legal and then find out later that it's not legal. She wants to do the honest thing, let's get a legal opinion, find out to what extent it makes sense to do, that motion and then we come back and do it... if it passes. Mr. Fernandez: Preliminarily, I can tell you that it is, that it has all the presumption and it has all the validity and it could pass. Now, if we put that save and that cautionary word in it, perhaps it can... Mayor Suarez: I prefer personally, and that's what I understood her to say to get it in writing, be absolutely sure what we can do legally and then make it totally binding without any provisos. Mr. Fernandez: And that's why I wanted to clarify my position with the Commissioner. OK? Mayor Suarez: Yes. I got you. Mr. Fernandez: So, I want the Commissioner to understand that the presumption of validity is there for your position, ma'am, but my comments to you were addressed to the point that I want the greatest amount of safety and protection for this Commission in terms of the decisions they make. Commissioner Alonso: OK. Thank you. Mr. Kaplan: Mr. Mayor, one question please, sir. Does... Joe Kaplan, Attorney... Is the City Attorney saying that it's his opinion that it's legal to reduce the salaries of people making more than fifty-five or sixty thousand dollars a year, who are covered by collective bargaining agreements? Mayor Suarez: No, no. I think... Mr. Fernandez: No, no, no. Not at all. To the extent... Mayor Suarez: ... I think that was going to be precisely the reason we want a written opinion, because he is going to leave quite a few exceptions. We want it in writing, we want to be sure exactly who we are applying it to, assuming it passes, and I think that's a fair request from Commissioner Alonso, to have it in writing before we take that dire step. Mr. Fernandez: Is that her request? Commissioner Alonso: Yes. Mr. Klausner: Will you share that opinion with us when you get it? Mayor Suarez: That opinion will be shared with you by telefax, counsel, if you have one. Mr. Klausner: I do. Mayor Suarez: There you go. I don't, but I borrow the Managers' Mr. Jessup: Mr. Mayor, may I ask a quick question? Why is it that you're only focusing on the general fund? Why aren't you asking questions about what monies is there available elsewhere on other funds that can be brought into the general funds, so that you don't have to lay those people off and you don't have to cut their salaries? Mayor Suarez: Well., Larry, in fairness, we have used capital funds in the past, the Manager has just gone to New York, he has kept our bond ratings high through the effort of the Commission and the City and all its citizens and all the employees, everybody. We have a very high bond rating, a credit rating for our... and we are doing it by slowly getting away from using capital funds for operation. 215 June 7, 1990 fir. Jessup: I didn't say capital. funds Mayor Suarez: Or other funds. Now, if you identify those, for us, as you're beginning to do, that are available, that are not clearly capital funds, that are not funds that are supposed to be untouched, for whatever reason by law, etc... Mr. Jessup: That's what I'm talking about. Mayor Suarez: ... Yes, we will give instructions to... — Mr. Jessup: Then, why are you making a decision to lay these people off and cut their salaries? Commissioner Alonso: We're not. Mr. Klausner: She's holding her decision. Mr. Jessup: Until she get a legal opinion. Commissioner Alonso: No, no way. Mayor Suarez: Well, we also know, I also want to know and I think she wants to know about those funds you're talking about. Mr. Klausner: You want to know about that too, right? Mayor Suarez: Absolutely. Mr. Klausner: We will share all of our financial information that we develop with you. Mayor Suarez: That's Klausner speaking into the mike. Very good. All right. Thank you. We don't need a motion except to get the legal opinion, which I think is in the Charter specified to be obtained within seven days. I'm sure you can have it by the 28th. Commissioner Alonso: Now, another legal opinion, Mr. City Attorney. Mr. Fernandez: Yes. Commissioner Alonso: Without interfering in the decisions of City Manager., how can this Commission leave this meeting today with an agreement that we can keep these people working for the City of Miami until we can meet again and find a solution, being the emergency fund, being whatever we can do in order to guarantee that these people have job security. How can I, without interfering in his job, of instructing him to do something that might be illegal? But in fact, what I want to do, is to tell him to keep these people working for the City of Miami and not to lay them off. That's what I want to do. How can we do it without making it in a way that will be called interference, or that is illegal in any way? Mr. Fernandez: Section 4 of the Charter, form of government in Section D, says that "neither the Commission or any of its committee or members shall, in any manner interfere with the City Manager or prevent him from exercising his own judgement..." And then it goes on in carrying out his duties. Now, you are very correct, Commissioner, but what you can do as a Commission, is that three of you can pass a resolution establishing the policy of this Commission, and in any matter that concerns budget, you, the Commission is the ultimate authority. So you can have, you can adopt a policy, three of you, adopt a policy that, containing basically, the sum and substance of what you have been talking about, and then it will be up to the City Manager, who must carry out the policies of this City Commission as part, of his duties to comply with those policies the way that he interprets them in his best judgement.. Then, if you and your City Manager have a misunderstanding, then that's another issue altogether. Mayor Suarez: Some discretion is always left to the City Manager under the Charter. Mr. Fernandez: Correct. It is his judgement. 216 June 7, 1990 Commissioner Plummer: No, but whose bahookus is on the line i f there is in fact a deficit? You see, that's where there's got to be a temperament here. =_� All right? We can tell him that the policy of this Commission is, that there is not to be any layoffs. But if... Mr. Odio: I might go to jail. Commissioner Plummer: No, you don't go to jail, I don't believe, you lose your _ job. OK? — Commissioner De Yurre: You don't collect the $200.00. Mayor Suarez: Actually, Mr. Commissioner, we are all in the hook if we don't comply with the State constitution as to a balanced budget. But you're right that politically, typically, the Manager bears the risk of not proposing and _ implementing a balanced budget. Commissioner Alonso: Mr. Manager, do we have such a serious situation in the City of Miami, that we cannot wait until the next Commission meeting so we have enough time to examine all of these numbers. Some of these figures were given to me last night, 7:30. I really haven't had enough time as to examine some of the numbers and to look perhaps, to some of the avenues and of course, I do know that we have, the situation we can look into emergency funds. But... please, let me finish. Mr. Odio: OR. Commissioner Alonso: Is the situation in the City of Miami as serious as that we cannot guarantee these people, at least, these two weeks until we can really finalize all of this? Commissioner Plummer: Three weeks. Commissioner Alonso: Or three weeks. Mr. Odio: I will answer your question, but then I need for you to tell, me what your policy is because I have been getting two different signals here. On one hand, we don't want to lay off any union people and that's fine, and we have been engaged in trying to do that. On the other hand, you're saying well eliminate the positions that are not union people, that are making so much money, eliminate them... I heard that. Mayor Suarez: Wait, wait. I understand the policy, as proposed by Commissioner, not to include people making over sixty thousand. If you think any of those ought to be laid off, do you have any problem with that? Commissioner Alonso: No, no, I don't have any problem. What I don't want is that... Mayor Suarez: I don't have any problem that. Commissioner Alonso: ... When they are letting more people that make less than twenty thousand, layoff, and we are keeping people in... Mayor Suarez: Let's use sixty, just to be sure. You have no problem with anybody being laid off over sixty thousand? Commissioner Alonso: No, Mr. Odio: But see, of the fourteen that I propose, none of them were making twenty thousand. Commissioner Alonso: Also, I have no problems with departments that knew quite well that they were going to disappear. Mayor Suarez: Or even fifty. Commissioner De Yurre: Albeit, make it fifty. Let's work with fifty. Mr. Odio: In other. words _ Why don't you say that... 217 June 7, 1.990 Mayor Suarez.,: Wait a minute, we tot a motion coming here. A motion on policy, not.... Commissioner De Yurre: Hold it. We got to understand one thing though, because we are talking about what is morally right as opposed to legally _ right, and that was mentioned here a moment ago. I have a moral problem with asking people that are unclassified, or they are not members of a union to _ take a reduction in salary, if they make more than fifty and not ask the same of everybody that makes more than fifty. Morally, without getting into a legal issue, either we are all in this together or we are not in this together. And if we are going to talk about any kind of reduction at all, we are looking at asking everybody within a certain class, if it's fifty and above, to pitch in on the deal. No, if you're going to start excluding union — people from this and just the ones have to bear the brunt of this, you know, is a small group. Commissioner Plummer: You've already done it. Mayor Suarez: Well, to the extent that we can contractually cannot do it, then you have exclude them. But otherwise, you can move as a matter of policy, that... Commissioner Plummer: We did it... the Police Department. Commissioner De Yurre: But again, I can't move that because I have a problem morally... Mayor Suarez: No, no. You can move the converse, you can move that any one under $50,000 a year, not be laid off as a matter of policy until we try every other avenue including the motions that are pending... as a matter of policy. Mr. Fernandez: But, Mr. Mayor... ® Commissioner De Yurre: Now, let me make the next point and that is... Hold it, George, let me make a point here because we are looking at and we are focusing on a dollar amount, and we are talking about a person's future based on a dollar amount. There may be positions today in this City of Miami., that for whatever reason, that you can still maintain the same level of service by doing away with a position that does not make fifty thousand. So, why should you displace somebody that serves a function in the City of Miami because he makes more than fifty as opposed to doing it in another position wherein it makes less than fifty and the City would not be affected at all. That is an issue that needs to be addressed, we have to focus away a little bit from a dollar amount concept only and look at the job classification, the job description and the function. Commissioner Aionso: Commissioner, I hope that the City Manager has carried all along, the position that if an individual is not doing his or her job, or that position is not needed in the City of Miami, he has always had all the power to look at that and address the problem, and I hope he has done that in the past, and tell these persons, we don't your services any longer, or you are fired because you are not doing your job. I mean, I don't think that it has it come from us at this point. Commissioner De Yurre: OK. Now, the thirty-five positions that you are talking about laying off are those thirty-five positions of individuals that are not needed at this point in time in the City of Miami or that we can still maintain the same level of function without those thirty-five people. Mayor Suarez: Wait, one at a time, because this transcript is going to be very difficult to read. Cormr.issioner Plummer: It's not thirty-five people, it's fourteen people and twenty-five vacancies. Isn't it? Mr. Odio: No. Basically, we are playing up to thirty-five. Commissioner Plummer: How many vacancies? Mr. Odio: Vacancies, we are going to add to up 112 in total, preliminary, but... 218 June 7, 1990' a i Commissioner Plummer: Well, but. I mean in this official thirty•-ninA that you spoke of... Commissioner Alonso: Well, vacancies are not the problem, it's people. Mr. Odic: Physical people right., it's fourteen now and then we're planning on =- the other issues on Virginia Beach. But, let me explain how we reached the conclusion on the fourteen. We didn't go in and say well, you're making fifty, you're gone. We made an analysis of every function in the City, and we determined that at this time, we cannot afford to have certain services that will not affect the public. It affects internally, we will have to pick up the ball, but it doesn't affect the level of services to the public. So, the decision was made on these fourteen positions that they will not affect anyone -- outside of the City of Miami. Commissioner De Yurre: OK. So those, like Commissioner Alonso is saying, you know, if there are positions that we don't need to give the same level of service, we got to cut there as opposed to looking at a dollar value. Mr. Odic: That's exactly what we... we need the lieutenants and we need the captains. Commissioner De Yurre: OK, so we have no problem with that. Commissioner Alonso: Yes, and since we are talking about fourteen, to avoid the confusion, when. we say fourteen, - fourteen are not the "ninety -nines." Commissioner De Yurre: No, they are not. Commissioner Alonso: They are not. Mr. Odio: The "ninety -nines" are not permanent positions. Commissioner Alonso: Because it's the same number, so to avoid... the fourteen we are talking about, they are not from Solid Waste, at all? Mr. Odio: It has nothing to do with Solid Waste, at all. Commissioner Alonso: Good. OK. (Applause) Commissioner De Yurre: I don't think that we need a motion, Mr. Mayor? I don't think that we need a motion at this point in time. Mr. Mayor, I don't think we need a motion at this time. Mayor Suarez: We don't... We are going to get a legal opinion. Commissioner De Yurre: I think it's a matter of keeping our eyes close to what's going on and working together and working together like we've seen, because this has been a very productive two -and -a -half hours because a lot of things have been said, and I think we come out of here with a better understanding, and that we are all in this together and we are not trying to screw anyone here. OK? Mr. Klausner: Neither are we. Mayor Suarez: We also have a statement on the record by the Manager that there is no need at this particular point, in this fiscal year to lay off any of the employees represented by A.F.S.C.M.E. or the Sanitation Employees Association except as we stated, as to the "ninety -nines." Commissioner Alonso: Mr. Manager, could you say... Mayor Suarez: We still have to solve the problem of the part --timers, I know, I know it. Commissioner Alonso: It's not services, the cuts that you are planning, the fourteen people are not from low -paying jobs, like parks and recreation, and things like that, right? 219 June 7, 1990 lair. Odio: The lowest salary that. I remembered seeing in that list was $38,500, That was the lowest salary I saw on that list. Mayor. Suarez: But, do you have any problem, once again, as you did two weeks ago... until the 28th at least, before... Mr. Odio: I have no problem on waiting another two weeks. In fact, you think I want to lay off those people? Commissioner Alonso: No, I hope not. Mr. Odio: I don't. OK. But I have to. f Mr. Odio: The emotional side of this is not what we are trying to get into, —_ Mr. Manager. None of us want to lay off anybody. You have any problems stating, voluntarily proffering that nobody is going to be laid off until the 28th. Mr. Odio: I can wait. Commissioner Plummer: The only problem that you got, if you wait, the longer you wait, the more people that are going to have to be if it's fourteen today, and those savings are anticipated, you could be talking about on the 28th, fifteen or sixteen. Mayor Suarez: But that's minimal J.L. Commissioner Plummer: Well, OK. As long as that's understood. Mayor Suarez: ... And we've got some funds that may be can be obtained and can be thrown back into the general revenues. We've got other avenues that we ought to explore before. Commissioner Alonso: If some of the cuts that he has are departments that people knew that they were there for a short period of time, maybe, that's a possibility. What I don't want is that they start sending notices to people that we really have no idea, and after we leave today with one idea, we find out next week that the story was different. I want to be certain that we know where we stand today. Otherwise, I move on and make a motion and... but I'll like to know. Mr. Manager, are you paying attention to us? Mr. Odio: I really wasn't, because they were talking to me here. Commissioner Alonso: Then say yes and... Mayor Suarez: The answer is yes. Mr. Odio: No. Commissioner Plummer: Well, is it... let me see if I can understand where the hell we are. OK? As I understand it right now, there will be nothing done until the 28th at the earliest in relation to the "ninety -nines?" Mr. Odio: No, no. Mayor Suarez: We are negotiating with the Union. Commissioner Plummer: OK. I'm saying there will be nothing done with the "ninety -nines." prior to June 28th. All right? Mr. Klausner: We will continue to talk about solving the problem, absolutely. Commissioner Plummer. There will be... Mayor Suarez: No layoff, if you mean nothing done. Commissioner Plummer: ... nothing done. Mayor Suarez: Because, you know, the unions are also asking about the raises and two unions are negotiating with us right now, three actually. 220 .June 7, 1990 Commissioner Plummer.: OK. There will b+. no A.F.S.C.M.E. layoffs whatsoever, until at least, June 28th... Mr. Odio: No. At least until the end of this year, for sure. Commissioner Plummer: OK. That's even better. And then, the only ones that will be forced with layoffs at this particular time, will be the fourteen designated, whoever they are, of salaries between thirty-eight and fifty thousand dollars. Is that where we are? Mayor Suarez: They have, they must have, if they average what I thought, what I calculated, there must be quite a few making over fifty in that group. Mr. Odio: Well, the saving is six forty-two, so if you divide six forty-two into fourteen, you get your average. Commissioner Plummer: Yes. But that includes the vacancies. Mr. Odio: We are also, I want you to know this, and lie mentioned the other funds, we have looked at Community Development. In Community Development, we received monies from the Federal Government. However, for years it has been a tradition to provide from the general fund, a million and -a -half dollars or more, to C.D. I have told Frank that he has zero dollars from general fund next year, he's going to go on straight federal monies and the people that don't have, he won't have any monies to fund some people there, and we have to do that. But those are not A.F.S.C.M.E. people, that I know of. Commissioner Plummer: So, that's where we are? OK. Mayor Suarez: Right. OK. Mr. Klausner: And you're clear that the "ninety -nines" are going to continue to work?... and we will... Mr. Odio: No. We didn't say that. Commissioner Alonso: They will continue... Commissioner Plummer: They will continue until at least, June 28th. Mr. Odio: The number needed that we are using on everyday basis... Unidentified Speaker: Full "ninety-nine," the full "ninety-nine." Not seventy-four. Mayor Suarez: Please, please, please... Mr. Odio: No. We are not going to use the full ninety-nine. Mayor Suarez: No, no. We are down to seventy-four in that category, roughly and... Mr. Odio: No, no. Whatever we are using now, that we legally need to use every day is what we will use, and we will not be forced to use any more that we have to. Mayor Suarez: And we are negotiating with the union in the hope, and he has stated it, that all seventy-four of those, at least sixty that he is planning with attrition and all the other expectations can be brought in to as full time employees. Commissioner Plummer: But, wait a minute. That's not where we are now because they are negotiating... Mayor Suarez: No, no. That's being negotiated. Commissioner Plummer: All right, what I'm trying is, as we walk out this door now, and when we walk back in at 9:00 on the 28th, the ''ninety -nines" will still be in place, as they are today? Mayor Suarez: You're not eliminating the categories is what he's saying. 221 June 7, 1990 Mr. Odio: We are not eliminating the category, but we would use on a daily basis. whatever I need to use and not what he tells me I have to use. Mayor Suarez: We have not solved the problem of the part time parks employees and Mr. Manager, I think that's left to be... INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.. Mayor Suarez: All right. Aldo would you please grab the mike. We didn't give you a chance to say something. You're not in any of these other categories, so, I don't even know if you're represented by A.F.S.C.M.E. Go ahead and grab the mike, real quick. Once again, counselor, he in his group are not in A.F.S.C.M.E? Mr. Klausner: Some of them are. Mayor Suarez: Some of them are... they can be... even though they are temporary? Mr. Klausner: They can be. Mayor Suarez: Or they just sort of give you contributions to be in the union or something? Mr. Klausner: Yes, and we protect them. Mayor Suarez: They don't get too many union benefits but they're in a union, I guess... some of them. Mr. Klausner: Exactly. Mayor Suarez: On the assumption of most of you are not even in the union... Mr. Aldo Alia: No. I'm not in the union. Mayor Suarez: Right. You want to make a statement, and I'm not sure we can resolve the problem today, but you at least sort of maize a quick statement. Mr. Alia: OK. My name is Aldo Alia, I work for Golf Division for four years. I got about four or five of my friends is working too, five years, four years, three years and two years, $5.00 per hour, no pay overtime. Listen carefully, working thirty-nine hours, I don't have any vacation time, any holiday pay, no hospitalization, only on this country. You can't live in this country without hospitalization when you got a family? It's impossible! Right or wrong? Mayor Suarez: You forgot one other thing, you have no retirement benefits at all. Mr. Alia: Nothing, nothing, nothing completely. I got four years completely. The two times everybody receive a uniform for two time. Two pants and two shirts and one boot, that's it. OK? That's what's going one in Golf division and only that one, how it's possible if two of the employees entered like a full time job, at the same time that I have been there. How is that? OK, find out. Commissioner Alonso: That's a good question. Mayor Suarez: I think as a matter of policy and again, wait, wait. I don't think we need a legal opinion for this and I don't think we need to discuss it much. As a matter of policy, Mr. Manger, you stated it into the record, maybe you ought to build it into a resolution, that all new openings in the departments in question, specifically Parks and Rec. will be offered first to the part-timers who qualify. Mr. Odio: I'll put this in the record, because I told you in private. We want to as we have openings, to move the part-timers or full-time temporaries into permanent positions. Mayor Suarez: OK. And that means... Mr. Odio: I'm not going to create permanent positions. 222 June 7, 1990 Mayor Suarez: ... Mr. Manager, to be absolutely sure that we havF no "hanky panky," that you post... Mr. Odio: I'll tell you how we do it and I decided that the other day... Commissioner Alonso: Post the names. Mayor Suarez: ... You post a list... Mr. Odio: By seniority. Mayor Suarez: Thank you. Post the names, Mr. Manager, it always helps to post names, really. Commissioner Alonso: And you follow the rule. Mayor Suarez: That way, nobody can sneak in unless... Mr. Odio: I have to do it two ways and I'm sorry, seniority and affirmative action. I will not deviate from affirmative action. I don't think we can. Mayor Suarez: I don't think you have any problems in that department in meeting your goals, really. Ms. Bellamy: I was just going to say that. No problems. Mayor Suarez: Ms. Bellamy and Mr. Manager, please work out a system that they can be absolutely sure that there is no one sort of sneaking in. Mr. Odio: OK. And I need to put this on the record because I got a letter from that gentleman. Mr. Alia: ices, I sent a letter for one of you. Mayor Suarez: Please, please. Mr. Odio: To put this as a fact, once they become permanent, if they become permanent, and when they become permanent, they have to be one year on probationary period. There is no way out of that. Commissioner Plummer: Like any other employee. Commissioner Alonso: Well, that's the rule. Like any other employee. Mr. Alia: I£ you got four years working, do you need a probation? Mr. Odio: You have to be by law by civil service rules, you have to be one year under probationary rules. Commissioner Plummer: Everything else, everybody else went through that. Mr. Odio: The reason I'm saying that... Mayor Suarez: Yes. It's not... it doesn't really make much sense to someone... wait, sir. We're going to agree with you. It doesn't really make much sense for someone who has worked four years for the City, thirty-nine hours a week in many cases, to have to go through probation. If there is any way to avoid that, we'll figure it out. But at least, let's get you on permanent status, OK? Mr. Alia: OK, sir. Commissioner Plummer: That's better than nothing. Mayor Suarez: OK. Thank you, everybody, I think we are adjourned until next Commission meeting. We got. a lot of work to do collectively as a City and we thank you for your participation and your ideas. DISCUSSION 223 June 7, 1990 THERE BRING NO FiJRT"ER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:13 rm. ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez M A Y O R. 224 rune 7, 1990 Y Or CITY OF MIAMI Q w GOwe OF�7E0 j} Qt►A a s• _.O� w%j%ovlvlr.11 I livur.10 WETM MM- JUNE 7, 1990 - PAGE Na: 1 of 4 — DESIGNATING THE ROYAL POINCIANA (DELONIX REGIA) AS THE OFFICIAL FLOWERING TREE OF THE CITY OF MIAMI, FLORIDA. APPROVING THE. PURCHASE OF FOUR (4) PURF.BREED GERMAN SHEPHERD DOGS; AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $14,000 FORM THE LAW ENFORCEMENT TRUST FUND. ACCEPT BID: PHYSIO CONTROL - FOR FURNISHING OF BLOOD PRESSURE MONITORS AND DEFIBRILLATORS FOR THE DEPARTMENT OF FIRE, RESCUE AND'INSPECTION SERVICES. ACCEPT BIDS: PB&S CHEMICALS, REX CHEMICALS AND ALLIED UNIVER- SAL CORPORATION - FOR THE FURNISHING -OF SWIMMING POOL CHEMICALS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD TO THE DEPARTMENT OF PARKS AND RECREATION. ACCEPT BID: MOTOROLA INC. - FOR FURNISHING OF CONTROL STATIONS AND MOBILE RADIOS FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. ACCEPT BID: MOTOROLA INC, - FOR FURNISHING OF 500 STX RADIO BATTERIES FOR THE DEPARTMENT OF POLICE. ACCEPT BID: TELEVISION EQUIPMENT ASSOCIATES - FOR THE FURNISHING OF COMMUNICATION HEADSET SYSTEMS TO THE DEPARTMENT OF POLICE. AUTHORIZING EXECUTION OF A NON-EXCLUSIVE AGREEMENT, WITH MIAMI RECYCLING CENTER, INC. FOR THE PURCHASE BY SAID FIRM OF RECYCLABLE MATERIALS. - FOR ONE (1) YEAR AND WITH AN OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE YEAR PERIODS. EXTENSION OF THE EXISTING AGREEMENT WITH THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC. FROM DECEMBER 31, 1989 THROUGH JUNE 30, 1990; FOR THE ACCOMPLISHMENT OF ITS ADMINISTRATIVE AND PROGRAMMATIC OBJECTIVES. AUTHORIZE THE AMENDMENT OF COMMERCIAL FACADE TREATMENT AGREE- MENT DATE DECEMBER 7, 1.989 PlITH THE SMALL BUSINESS OPPORTUNITY CENTER, TNC, (SB(SC), FOR THE CONTINUATION OF THE COMMERCIAL FACADE•, TREATMENT PROGRAM IN THE LITTLE HAVANA AREA. GRANT EASTMENT TO METROPOLITAN DADE COUNTY FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A NEW VENTURI WATER METERING STATION AND APPURTENANCES ON, UNDER AND THROUGH CITY -OWNED PROPERTY LOCATED WITHIN THE OLD MACARTHUR YAUSEWAY RIGHT-OF- WAY ON WATSON ISLAND - AUTHORIZE EXECUTION OF SAID GRANT OF EASEMENT. AMEND RESOLUTION NO 90-100 ADOPTED FEBRUARY 7, 1.990 BY MODIFYING THE REVOCABLE PERMIT CONCERNING USE OF 1,200 SQUARE FEET OF SPACE IN OVERTOWN SHOPPING CEN`1'ER (1490 N.W,3 AVENUE:) CHANGE PERMITTEE NAME FROM SATELLITE BEAUTY SALON, INC. TC) STARLITE INISEX BEAUTY SALON, INC RE I WVA,L CODE NO r (RESOLUTIONS) 90-405 90-406 90-407 ' 90-408 90-409 90-410 90-411 90-412 90-413 90-414 90-416 90-417 _00CUMENT INDEX PAGE 2 OF 4 JUNE 7, 1990 _- = DOCUMENT IDENTIFICATK)N RETRIEVAL CODE NO - (RESOLUTIONS) AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AGAINST 90-418 JEAN P. CASSEUS AND MARIE THOMAS (D/B/A FURNITURE PALACE DISCOUNT INC) - TO RECOVER LOAN FUNDS (17,125.04) PAID THROUGH MODEL _ CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. i AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AGAINST MR. EDWARD ALLEN (D/B/,A JEWELRY BY KETA) - TO RECOVER LOAN FUNDS ($5,738.31) PAID THROUGH MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST WILLIE AND MYRTLE CALHOUN AND ANNIE LEE, AWW, INC. (D/B/A KING THE TAILOR) - TO RECOVER LOAN FUNDS ($36,774.36) PAID THROUGH MODEL CITY SMALL BUSINESS -DEVELOPMENT PILOT LOAN PROGRAM. EXECUTE QUIT CLAIM DEED TO RICARDO AND ELSIE MIRANDA AND GERARDO J, GOMEZ AND ELSIE MIRANDA - FOR THE EAST 5 FEET OF THE WEST 10 FEET OF LOT 22, MARK'S SUBDIVISION OF BLOCK 3 - SUBJECT TO EXECUTION OF GENERAL WARRANTY DEED. ACCEPT PLAT: TREASURE TROVE. AUTHORIZE FUNDING FOR SPONSORSHIP OF THE FLORIDA WAVE DRUM AND AND BUGLE CORPS. - ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. ALLOCATE $15,000 IN SUPPORT OF THE YOUTH CRIMEWATCH OF AMERICA PROGRAM, WITH PROVISO. ACCEPT BIDS: (A) SANTOS D. PAZOS SCHOOL BUS SERVICE, (B) CARLOS AND SUSANA SCHOOL BUS SERVICE, (C) MANOLIN AND PILAR MAR`I'INEZ SCHOOL BUS SERVICE, AND (D) JULIO BALSERA SCHOOL BUS SERVICE, INC FOR FURNISHING BUS TRANSPORTATION SERVICES FOR THE SUMMER PROGRAM FOR PARKS DEPARTMENT. ACCEPT BID: MAN CON INC. FOR LOCAL DRAINAGE PROJECT E-64 (PROJECT 352267), APPOINT COMMISSIONER J.L. PLUMMER JR. AS CITY COMMISSION'S LIAISON TO THE INTERNATIONAL TRADE BOARD. APPROVE, IN PRINCIPLE, THE WYNWOOD SAFE NEIGHBORHOOD PLAN (MAY 1990) - MAKE FINDING THAT THE PROPOSED WYNWOOD FOREIGN TRADE ZONE IS AN INTEGRAL COMPONENT OF SAID PLAN PROMOTING A REDUCTION IN CRIME, ETC.. MAKE FINDING THAT WYNWOOD SAFE NAIGHBORIl00D IMPROVEMENT DISTRICT PLAN (MAY 1990) IS CONSISTENT WITH LOCAL PLANS AND PROGRAMS - SPECIFICALLY, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000. ACCEPT BID: Y & W ROOFING AND REMODELING COMPANY - FOR FURNISHING MUNICIPAL JUSTICE BUILDING ROOFING REPAIRS -(PROJECT 311020) - FOR GSA DEPARTMENT. RATIFY APPOINTMENT OF WILLIAN R. PERRY, III AS EXECUTIVE DIRECTOR OF THE MIAMI SPORE'S AND EXHIBITION AUTHORITY. GRANT REQUEST BY MIAMI LIONS CLUB FOR USE FEE WAIVER AT BOBBY MADURO STADIUM IN CONNECTION WITH ITS FRIENDSHIP BASEBALL TOURNAMENT. 90-419 90-420 90-421 90-423 90-424 90-425 90-426 90-427 90-4 30 90-431 90.-432 90-433 1 90-434 ! 90-4 35 DOCUMENT IDENTIFICATION AUTHORIZE MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF PURCHASE AND SALE WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF PROPERTY AT 700-728 AND 732-740 N.E. 1 AVENUE (CAMILLUS HOUSE) - AUTHORIZE CITY ATTORNEY TO PROCEED TO CLOSE ON SUBJECT PROPERTY AFTER REVIEW - AUTHORIZE MANAGER TO EXECUTE SOCIAL SERVICES GRANT AGREEMENT WITH BROTHERS OF THE GOOD SHEPHERD, INC. AND TO ISSUE REVOCABLE PERMIT FOR USE OF SUBJECT PROPERTY FOR DESIGNATED TIME PERIOD. ACCEPT PROPOSAL OF SOUTHEAST BANK, NA - FOR PROVISION OF BANKING SERVICES FOR THREE YEAR PERIOD. AUTHORIZE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR ENGAGEMENT OF THE CITY TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES IN CONNECTION WITH THE OPERATION OF THE PORT OF MIAMI. INCREASE MAXIMUM COMPENSATION SET BY RESOLUTIONS 86-401 AND 88-991 TO ATTORNEYS JOSEPH Z. FLEMING, PARKER THOMPSON, AND GARY HELD - FOR LEGAL SERVICES RENDERED AS SPECIAL COUNSEL IN DEFENDING THE CITY AND INDIVIDUAL CITY COMMISSIONERS IN CONNECTION WITH ZONING / COMPRENHENSIVE NEIGHBORHOOD PLAN RELATED LAWSUITS INVOLVING PROPERTY LOCATED AT 3471 MAIN HIGH- WAY. AUTHORIZE THE PURCHASE OF RADIO LINK EQUIPMENT - FOR POLICE DEPARTMENT. AUTHORIZE FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL ($35,000) AUTHORIZE FUNDING FOR A CITY OF MIAMI POLICE EXPLORERS PROGRAM. APPOINT INDIVIDUALS TO HERITAGE CONSERVATION BOARD. (Appointed were: Richard Heisenbottle and Robert Fitzsimmons). APPOINT INDIVIDUALS TO LATIN QUARTER REVIEW BOARD. (Appointed were: Tessi Garcia, Gloria Rosello, Angel C. Sa.qui II, and Antonio (Tony) Wagner). APPOINT INDIVIDUAL TO PLANNING, ADVISORY BOARD (Appointed was: Mertis C McCants). APPROVE MANAGER'S REJECTION OF PROPOSALS RECEIVED IN RESPONSE TO THE VIRGINIA KEY BASIN PROPERTY REQUEST FOR PROPOSALS - AUTHORIZE ISSUANCE OF UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS TO DEVELOP A RESTAURANT AND MARINE SERVICE USES AT THE VIRGINIA KEY BASIN PROPERTY (3601 RICKENDACKER CAUSEWAY) - SELECT CERTIFIED PUBLIC ACCOUNTANT FIRM TO APPOINT MEMBERS TO A REVIEW COMMITTEE. , WAIVE CODE PROHIBITION AS IT APPLIES TO RICHARD P. DUNNE, WHO SERVES ON THE ZONING BOARD, IN RELATION TO HIS TEMPORARY EMPLOYMENT AS SENIOR COUNSELOR IN CITY'S SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM. PAGE 3 OF 4 DUNE 7, 1990 RETRIEVAL CME No (RESOLUTIONS) ' 90-436 90-437 90-438 90-439 90-441 90-442 90-443 90-445 90-446 90-448 90-449 90--450 WAIVE COMPETITIVE SEALED BID PROCEDURES FOR STRUCTURAL REPAIRS ' 90-451. AND IMPROVEMENTS TO ORANGE BOWL STADIUM - RATIFY MANAGER'S FINDING OF PUBLIC EMERGENCY - AUTHORIZE EXECUTION OF CONTRACTS- i ALLOCATE FUNDS FROM CIP 404238 (ORANGE BOWL MODERNIZATION (� PROJECT). ! /t 0 GRANT REQUEST BY DIABETES RESEARCH INSTITUTE FOR WAIVER OF DOCKAGE FEES FOR USE OF AVAILABLE SLIPS AT MIAMARINA IN CONNECTION WITH THE FOURTH ANNUAL CATCH A CURE FISHING TOURNAMENT. GRANT REQUEST HOOTERS RESTAURANT AND AMERICAN POWER BOAT ASSOCIATION FOR WAIVER OF DOCKAGE FEES FOR USE OF SLIPS AT MIAMARINA IN CONNECTION WITH THE HOOTERS' GOLD CUP OFFSHORE 150 POWERBOAT RACE. GRANT REQUEST BY CARNAVAL MIAMI FOR CLOSURE OF DESIGNATED STREETS, EXTENSION OF FIREWORKS DEADLINE, RESTRICTION OF RETAIL, PEDDLERS, AND PERMISSION TO SELL BEER AND WINE IN CONNECTION WITH THE HOLDING OF THIS 1991 EVENT. AUTHORIZE DONATION OF UP TO 10 SURPLUS POLICE PATROL CARS TO THE CITY OF WEST MIAMI, WHEN AVAILABLE, DURING DESIGNATED PERIOD. APPOINT INDIVIDUALS TO BAYFRONT PARK MANAGEMENT TRUST. (Appointed were: Ruth Greenfield, Jose Garcia Pedrosa, Joseph Klock, Mario Williams, Athalie Range, and Bobbie Mumford). AS A CHAIRPERSON (appointed was: Alan L. Weisberq. GRANT REQUEST FROM LEND -A -HAND FUND, INC FOR USE FEE WAIVER OF MARINE STADIUM IN CONNECTION WITH ITS POPS -BY -THE BAY EVENT. GRANT REQUEST FROM BLACK FIRE FIGHTERS FOR CLOSURE OF DESIGNATED STREETS IN CONNECTION WITH THEIR MEMORIAL MARCH. GRANT REQUEST FROM SOUTH FLORIDA CARNIVAL BANDLEADERS ASSOCIATION, INC. FOR RENTAL FEE WAIVER, CLOSURE OF DESIGNATED STREETS, RESTRICTION OF RETAIL PEDDLERS, AND PERMISSION TO SELI, BEER AND WINE IN CONNECTION WITH ITS FESTIVAL. AUTHORIZE EXTENSION OF LOAN TO OWNERS OF THE FREEDOM TOWER (ZAMINCO) FOR ONE YEAR, AT A HIGHER INTEREST, SUBJECT TO PROVISOS AND APPROVAL FROM HUD. PAGE 4 OF 4 JUNE ?, 1990 RETRIEVAL CODE NC (RESOLUTIONS) 90-452 90-453 90-454 90-456 90-457.1 90-458 90-459 90-460 90-461 IF