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HomeMy WebLinkAboutCC 1990-05-24 Minutesw • OF MEETING HELD ON MAY 24, 1990 REGULAR AND PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk ITEM NO. I. 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 INDEX MINUTES OF REGULAR MEETING MAY 24,1990 ------------------------------------------------------- SUBJECT LEGISLATION PAGE NO. PRESENTATIONS, SPECIAL ITEMS. CONSENT AGENDA PROCLAMATIONS, AND DISCUSSION 5/24/90 5/24/90 AUTHORIZE PURCHASE OF INTOXILIZER R 90-336 EQUIPMENT AND TWO ELECTRONIC MEASURING 5/24/90 DEVICES - FOR POLICE DEPARTMENT. AUTHORIZE PURCHASE OF SAFES AND CLOSED R 90--337 CIRCUIT TV EQUIPMENT - FOR POLICE 5/24/90 DEPARTMENT. ACCEPT BID: ZIP MAILERS, INC. - FOR R 90-338 FURNISHING MAILING SERVICES - FOR 5/24/90 FINANCE DEPARTMENT/TREASURY MANAGEMENT DIVISION. ACCEPT BID: MAROONE CHEVROLET - FOR R 90-339 FURNISHING 24 VEHICLES TO BE USED BY 5/24/90 POLICE DEPARTMENT'S PUBLIC SERVICE AIDES - FOR G.S.A. DEPARTMENT. ACCEPT BID: PALMETTO KAWASAKI - FOR R 90-340 FURNISHING 27 MOTORCYCLES TO BE USED BY 5/24/90 POLICE DEPARTMENT - FOR G.S.A. DEPARTMENT. ACCEPT BID: M.P.C.S. VIDEO INDUSTRY - R 90-341 FOR FURNISHING MEDIA EQUIPMENT - FOR 5/24/90 POLICE DEPARTMENT. ACCEPT BID: ELECTRONICS USA - FOR R 90-342 FURNISHING COMPUTER HARDWARE FOR POLICE 5/24/90 PATROL SCHEDULING SYSTEM - FOR POLICE DEPARTMENT. ACCEPT BID: Y AND W ROOFING AND R 90-343 REMODELING, INC. - BASE BID FOR SIMPSON 5/24/90 PARK BUILDING RENOVATIONS. ACCEPT BID: OCEAN BAY CONSTRUCTION, R 90-344 INC. - TOTAL BID FOR LOCAL DRAINAGE 5/24/90 PROJECT E-63. ACCEPT BID. MANTELL ENGINEERING R 90-345 CONTRACTORS, INC. - FOR DOWNTOWN 5/24/90 SANITARY SEWER REPLACEMENT - PHASE III (B-5561). 1 3 3 3 3-4 4 4 4 5 5 5 2.11 ACCEPT BID: PING-FONTICIELLA AND R 90-346 6 _= ASSOCIATES, INC. - FOR REV. CANON 5/24/90 THEODORE R. GIBSON ADULT CENTER, _. COCONUT GROVE NEIGHBORHOOD CENTER RENOVATIONS (VIRRICK PARK BUILDING RENOVATIONS) (PROJECT 331316). _ 2.12 ACCEPT BID: M. VILA AND ASSOCIATES, R 90-347 6 INC. - BASE BID FOR S.W. 6TH STREET 5/24/90 STORM SEWER PROJECT (332252). 2.13 APPROVE COST SHARING CONTRACT WITH R 90-348 6 SOUTH FLORIDA WATER MANAGEMENT 5/24/90 DISTRICT - FOR STORMWATER MANAGEMENT FACILITIES IN THREE BASINS. 2.14 APPROVE COST. SHARING CONTRACT WITH R 90-349 7 SOUTH FLORIDA WATER MANAGEMENT 5/24/90 DISTRICT - FOR RETROFIT.T.ING STORMWATER BASIN 31 IN DOWNTOWN AND OVERTOWN. 2.15 AUTHORIZE LEASE AGREEMENT WITH STATE OF R 90-350 7 FLORIDA DEPARTMENT OF HEALTH AND 5/24/90 REHABILITATIVE SERVICES, FOOD STAMP PROGRAM - FOR 5,500 SQUARE FEET OF SPACE PLUS USE OF MANUEL ARTIME COMMUNITY CENTER AUDITORIUM ON SPECIFIC DATES. 2.16 AUTHORIZE AMENDMENT TO INTERLOCAL R 90-•351 7 AGREEMENT DATED NOVEMBER 11, 1985, 5/24/90 WHICH CREATED THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION. 2.17 EXECUTE AGREEMENT WITH SYLVESTER A. R 90-352 8 LUKIS AS PROFESSIONAL LEGISLATIVE 5/24/90 CONSULTANT CONCERNING FEDERAL LEGISLATION IMPACTING ON THE CITY OF MIAMI. 2.18 EXECUTE AMENDMENT NO. 2 TO AGREEMENT R 90-353 8 WITH DELOITTE AND TOUCHE, CERTIFIED 5/24/90 PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON AND COMPANY, PA; VERDEJA, I.RIONDO AND GRAVIER; AND WATSON AND COMPANY, PA - FOR RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR MIAMI CONVENTION CENTER AND GOVERNMENT CENTER PARKING GARAGE FINANCINGS - AND FOR ADDITIONAL CONTROLS REVIEW OF NEW PAYROLL/PERSONNEL COMPUTERIZED SYSTEM. 2.19 EXECUTE AGREEMENT WITH METROPOLITAN R 90-354 8-9 DADE COUNTY SETTING FORTH 5/24/90 RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS ON WEST SIDE OF VIRGINIA KEY. 2.20 ESTABLISH CHARGES, TERMS AND CONDITIONS R 90-355 9 FOR USE OF BOBBY MADURO MIAMI BASEBALL 5/24/90 STADIUM BY CRICKET PROMOTIONS, INC. - FOR PRESENTATION OF AMATEUR CRICKET MATCHES. 2.21 CLAIM SETTLEMENT: SANDRA K. COLL R 90-356 9 ($30,000). 5/24/90 2.22 CLAIM SETTLEMENT: RICARDO J. AND R 90-357 9 -_ ARVELIA FRANCO ($35,000). 5/24/90 2.23 SUPPORT CONCEPT OF A 1996 INTERNATIONAL R 90-358 EXPOSITION IN DOWNTOWN MIAMI TO 5/24/90 CELEBRATE THE CITY'S CENTENNIAL. 2.24 ESTABLISH SPECIAL CHARGES, TERMS AND R 90-359 CONDITIONS FOR USE OF ORANGE BOWL 5/24/90 STADIUM BY MIAMI SENIOR HIGH SCHOOL - FOR PRESENTATION OF ITS SPRING FOOTBALL JAMBOREE. 2.25 DESIGNATE KAGOSHIMA, JAPAN AS A SISTER R 90-360 CITY. 5/24/90 3. DESIGNATE PANAMA CITY, PANAMA AS A R 90-361 SISTER CITY - APPOINT COMMISSIONER 5/24/90 MIRIAM ALONSO AS LIAISON. 4. ACCEPT BIDS: (A) J.R. BUILDERS, INC., R 90-362 (B) TREE MASTERS, INC., AND (C) 5/24/90 CUYAHOGA WRECKING CO. - FOR FURNISHING DEMOLITION SERVICES. 5. (A) ACCEPT BIDS: (A) CAMILO MUEBLES, R 90-363 AND (B) DECORA OFFICE FURNITURE - FOR R 90-364 SUPPLYING OFFICE FURNITURE - FOR POLICE 5/24/90 DEPARTMENT. (B) ACCEPT. BID: FLORIDA COMPUTER FURNITURE - FOR FURNISHING WORKSTATIONS AND FILE CABINETS - FOR POLICE DEPARTMENT. 6. DESIGNATE LAND SURVEYING SERVICES FOR R 90-365 CITY OF MIAMI PROJECT - 1991 AND 1992 5/24/90 AS CATEGORY "B" PROJECT - APPOINT CERTIFICATION COMMITTEE - APPOINT GENE PELAEZ AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. 7. CONSENT TO ESTABLISHMENT OF A CRITICAL R 90-366 WILDLIFE AREA BY THE FLORIDA GAME AND 5/24/90 FRESH WATER FISH COMMISSION - NORTH AND WEST OF VIRGINIA KEY (A DESIGNATED CITY -OWNED AREA). 8. DISCUSSION CONCERNING PROPOSED FUNDING DISCUSSION OFFER REGARDING CONSTRUCTION OF A 5/24/90 FACILITY IN WHICH TO HOLD TENNIS TOURNAMENTS - BRIEF DISCUSSION CONCERNING THE LIPTON TENNIS TOURNAMENT 9. (A) DIRECT ADMI14ISTRATION NOT TO ALLOW M 90-367 ANY LOUDSPEAKERS AT CITY FESTIVALS R. 90-367.1 UNTIL 8:00 A.M. 5/24/90 (B) 1990 MIAMI/BAHAMAS GOOMBAY FESTIVAL - PROVIDE FOR CLOSURE OF DESIG1ATED STREETS - ESTABLISH PEDESTRIAN MALL - AUTHORIZE BEER AND WINE PERMIT - RESTRICT PEDDLERS. E 10 10 10-11 11-13 13-16 16-18 18-19 all 21-26 10. AMEND THE AMENDED AND RESTATED R 90-368 26-27 AGREEMENT WITH MIAMI MOTORSPORTS, INC. 5/24/90 =_ OF OCTOBER 16, 1985 (GRAND PRIX) - �_ AUTHORIZE MANAGER TO ACCEPT ASSIGNMENT OF CERTAIN FEES (IMPACT) TO CERTAIN - LENDING INSTITUTIONS TO BE NAMED BY MIAMI MOTORSPORTS, INC. 11.. 1990 MOTORCYCLE GRAND PRIX OF MIAMI - R 90-369 28-29 AUTHORIZE STREET CLOSURES - ESTABLISH 5/24/90 PEDESTRIAN MALL - RESTRICT PEDDLERS. 12. ESTABLISH CHARGES, TERMS AND CONDITIONS R 90•-370 29-37 FOR USE OF ORANGE BOWL STADIUM BY 5/24/90 UNIVERSITY OF MIAMI - FOR SEASON HOME FOOTBALL GAMES FOR TEN YEAR PERIOD. 13. APPROVE MIAMI SPORTS AND EXHIBITION R 90-371 37-38 AUTHORITY'S STAGING OF THE 1990 5/24/90 BUDWEISER HYDROPLANE REGATTA. 14. (A) CHANGE DATE. OF FIRST CITY R 90-372 38-55 COMMISSION MEETING IN JUNE TO NOW TAKE M 90-373 PLACE ON JUNE 7TH - BEGINNING AT 9:00 5/24/90 A.M. (B) SCHEDULE ISSUE OF PROPOSED CITY EMPLOYEE LAYOFFS FOR DISCUSSION AT MEETING PRESENTLY SCHEDULED FOR JUNE 7TH - AT 6:00 P.M. - DIRECT MANAGER NOT TO PROCEED WITH PROPOSED LAYOFFS UNTIL CITY COMMISSION CONSIDERS THE ISSUE ON JUNE 7TH. 15. ENDORSE ADMINISTRATION'S RECOMMENDATION M 90-374 55-60 NOT TO ACCEPT DONATIO14 OF JOHN HOWARD'S 5/24/90 PROPERTY LOCATED AT 1334 N. MIAMI AVENUE. 16. (A) DISCUSSION CONCERNING PROPOSED DISCUSSION 61-74 SECOND READING ORDINANCE ESTABLISHING 5/24/90 NEW SPECIAL REVENUE FUND: COMMUNITY DEVELOPMENT BLOCK GRANT (SIXTEENTH 'FEAR), APPROPRIATING $11,081,000 FOR ITS EXECUTION, AND $1,200,000 FROM SIXTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME (SEE LABELS 16.1A-D). (B) PERSONAL APPEARANCE BY STANLEY G. TATE (DADE COUNTY HUD OVERSIGHT COMMITTEE) TO DISCUSS REQUEST FOR CDBG FUNDS. Ll 16.1 (A) (ContinuFd Discussion) PROFOSF,D M 90-375 SECOND READING ORDINANCE ESTABLISHING M 90-376 " NEW SPECIAL REVENUE FUND: COMMUNITY M 90-377 DEVELOPMENT BLOCK GRANT (SIXTEENTH ORDINANCE _ YEAR) - DIRECT ADMINISTRATION TO 10727 CONTINUE ITS PRESENT POLICY TO LEND TWO 5/24/90 - STAFF INDIVIDUALS TO CONTINUE TO ASSIST - THE M.A.A.P. PROGRAM. - (B) APPROVE REQUEST FOR GRANT FOR - $250,000 TO MIAMI CAPITAL FOR ADMINISTRATIVE SUPPORT. _ (C) EARMARK ALL VOLUNTARILY - PROFFERED CONTRIBUTIONS TO THE CITY FROM PLANNING AND ZONING ITEMS FOR A - SPECIAL FUND TO ASSIST IN FUNDING REQUESTS BY DADE COUNTY HUD. (D) SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: COMMUNITY DEVELOPMENT BLOCK GRANT (SIXTEENTH YEAR) - APPROPRIATE $11,081,000 FOR ITS EXECUTION - - APPROPRIATE $1,200,000 FROM SIXTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT - (CDBG) PROGRAM INCOME (See labels 16.A- B). - 17. DIRECT CITY ATTORNEY TO APPROACH M 90-378 - REPRESENT.ATIVES OF ADMINISTRATION OF 5/24/90 THE AMERIFIRST BUILDING (THE LANDLORD) TO REQUEST THAT THEY BE ALLOWED TO _ CONTINUE TO USE OFFICE SPACE AT THE = PRESENT RATE FOR THE NEXT SIX MONTHS ON A MONTH TO MONTH BASIS. = 18. EMERGENCY ORDINANCE: ESTABLISH SPECIAL ORDINANCE '- REVENUE FUND; SUMMER YOUTH EMPLOYMENT 10728 - AND TRAINING PROGRAM (FY 190) JTPA II- 5/24/90 B - APPROPRIATE FUNDS FROM SOUTH - FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM - ACCEPT GRANT. = 19. EMERGENCY ORDINANCE: AMEND 10021 WHICH ORDINANCE ESTABLISHED INITIAL RESOURCES AND 10729 _ - APPROPRIATIONS FOR THE LAW ENFORCEMENT 5/24/90 TRUST FUND - INCREASE BY $750,000 AS A RESULT OF ADDITIONAL MONIES FROM - SUCCESSFUL FORFEITURE ACTIONS. 20. BRIEF DISCUSSION ON REMOVAL OF DISCUSSION POLITICAL SIGNS AFTER ELECTION PROCESS. 5/24/90 21. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE SECTION 54.5-1, 54.5-12(D)(3), 54.5- 10730 12(D)(8) AND 54.5-15 - DEFINE PUBLIC 5/24/90 AND PRIVATE EASEMENTS - PROVIDE REQUIREMENTS FOR ACCESS AND STREET FRONTAGE - PROVIDE MECHANISM TO PERMIT ENCROACHMENTS ON OR IN RIGHTS -OF -WAY OR EASEMENTS. 7!1-88 88-94 94-95 95-104 105-106 107-109 22 (A) EMERGENCY ORDINANCE: AMEND 9743 BY ORDINANCE 109-111 INCREASING RESOURCES AND APPROPRIATIONS 10731 _ TO THE PARK DEVELOPMENT FUND. R 90-379 (B) DESIGNATE BILL WOLFARTH PARK AS 5/24/90 s OFFICIAL NAME OF CITY -OWNED PARK LOCATED AT 2000 S.W. 24 STREET. �j 23. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 111-112 SPECIAL REVENUE FUND: SUMMER FOOD 10732 SERVICE PROGRAM FOR CHILDREN 1990 - 5/24/90 APPROPRIATE FUNDS FROM U.S. DEPARTMENT OF AGRICULTURE (USDA) THROUGH FLORIDA DEPARTMENT OF EDUCATION - AUTHORIZE MANAGER TO ACCEPT GRANT. 24. CONDITIONALLY AUTHORIZE METROPOLITAN R 90-380 112-113 DADE COUNTY, ON BEHALF OF THE CITY OF 5/24/90 MIAMI, TO ADVERTISE FOR, EVALUATE AND ACCEPT BIDS OF VENDORS TO PROVIDE USDA APPROVED MEALS TO ELIGIBLE CHILDREN DURING THE SUMMER OF 1990. 25. SECOND READING ORDINANCE: AMEND ORDINANCE 113-114 10642 - INCREASE APPROPRIATIONS TO 10733 PROJECT: COCONUT GROVE EXHIBITION 5/24/90 CENTER - RENOVATION AND EXPANSION (PROJECT 415002) AS CONTRIBUTION FROM MIAMI SPORTS AND EXHIBITION AUTHORITY. 26. SECOND READING ORDINANCE: AMEND CODE, ORDINANCE 114-115 CHAPTER 54 (STREETS AND SIDEWALKS), AND 10734 SECTION 54-104 (NONSTANDARD STREET 5/24/90 WIDTHS) - MODIFY WIDTHS OF CERTAIN STREETS. 27. SECOND READING ORDINANCE; AMEND ORDINANCE 115-116 10642 - INCREASE APPROPRIATION FOR S.W. 10735 6TH STREET STORM SEWERS (PROJECT 5/24/90 352252) - FROM 1984 STORM SEWER GENERAL OBLIGATION BONDS. 28. SECOND READING ORDINANCE; AMEND ORDINANCE 116 10642 - INCREASE APPROPRIATION FOR 10736 MORNINGSIDE STREET IMPROVEMENTS - FROM 5/24/90 1984 STORM SEWER GENERAL OBLIGATION BONDS. 29. SECOND READING ORDINANCE; AMEND CODE, ORDINANCE 117 SECTION 2-75(E)(4) - SHORTEN PRESENTLY 10737 INSTITUTED 45 DAY PERIOD REQUIRED TO 5/24/90 BRING A ZONING VIOLATION BEFORE CODE ENFORCEMENT BOARD TO 30 DAYS. 30. SECOND READING ORDINANCE: AUTHORIZE ORDINANCE 117-119 ISSUANCE, SUBJECT TO ELECTION, OF 10738 $30,000,000 LOCAL STREET AND DRAINAGE 5/24/90 IMPROVEMENT BONDS - CALL AN ELECTION FOR SEPTEMBER 4, 1990. 31. SECOND READING ORDINANCE; AUTHORIZE A ORDINANCE 120-122 BOND ELECTION TO BE HELD ON SEPTEMBER 10739 4, 1990, CONCERNING ISSUANCE OF 5/24/90 $30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT BOND. 32. ALLOCATE $25,000 FOR VOTER EDUCATION R 90-381 122-12.4 PROGRAM CONCERNING $30,000,000 LOCAL 5/24/90 STREET AND DRAINAGE IMPROVEMENT BONDS - EL.ECTION CALLED FOR SEPTEMBER 4, 1990. 33. FIRST READING ORDINANCE: ESTABLISH NEW ORDINANCE 124-126 SPECIAL REVE14UE FUND: SOLID WASTE FIRST READING REDUCTION: RECYCLING AND EDUCATION 5/24/90 (FY'90) - APPROPRIATE FUNDS FROM STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL. REGULATIONS, RECYCLING PROGRAM GRANT. 10 0 34. APPROVE ADMINISTRATION'S DECTSION TO R 90-382. 127 REJF.,CT PROTEST FROM NATIONAL ECONOMIC 5/24/90 RESEARCH ASSOCIATIONS, INC. CONCERNING RFP FOR A 1INORITY / WOMEN OWNED BUSINESS ENTERPRISE DISPARITY REPORT AND MINORITY OWNED BUSINESS UTILIZATION PLAN. 35. AUTHORIZE CONTRACT (NOT TO EXCEED M 90-383 128-141. $100,000) WITH U.J. MILLER AND 5/24/90 ASSOCIATES TO CONDUCT A MINORITY / WOMEN OWNED BUSINESS ENTERPRISE DISPARITY STUDY AND PREPARE REPORT, WITH RECOMMENDATIONS AND A UTILIZATION PLAN - IF OFFER IS NOT ACCEPTED, MANAGER IS AUTHORIZED TO NEGOTIATE WITH A SECOND GROUP. 36, BRIEF DISCUSSION AND DEFERRAL DISCUSSION 141-142 CONCERNING PROPOSED AGREEMENT WITH 5/24/90 METROPOLITAN DADE COUNTY TO ENGAGE THE CITY OF MIAMI TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES FOR THE PORT OF MIAMI - DEFERRED TO MEETING PRESENTLY SCHEDULED FOR JUNE 7TH. 37. AUTHORIZE MANAGER TO ENTER INTO R 90-384• 142-148 COLLECTIVE BARGAINING AGREEMENT WITH 5/24/90 FRATERNAL ORDER OF POLICE, LODGE NO. 20 (OCTOBER 1, 1989 - SEPTEMBER 30, 1991). 38. MAYOR SUAREZ INVITES PART-TIME DISCUSSION 1,48 EMPLOYEES FROM THE PARKS DEPARTMENT TO 5/24/90 BE HEARD IN CONNECTION WITH JOB SECURITY CONCERNS (See label 43). 39. (A) AUTHORIZE ADMINISTRATION TO UTILIZE M 90-385 148-155 MONIES PRESENTLY AVAILABLE FOR R 90-386 CONTINUED DEVELOPMENT OF BAYFRONT 5/24/90 PARK - TRUST TO RAISE NECESSARY EXTRA DOLLARS IF IT INSISTS IN PURSUING THE NOGUCHI PLAN. (B) AUTHORIZE ADMINISTRATION TO PAY P.N.M. CORPORATION $650,000 AS COMPLETE SETTLEMENT OF DEMANDS AGAINST THE CITY (Circuit Court Case No. 89-3447-CA- 261). 40. APPROVE APPOINTMENT OF GREENBERG, R 90-387 156-158 TRAURIG, HOFFMAN, LIPOFF, ROSEN AND 5/24/90 QUENTEL, PA TO SERVE AS SPECIAL COUNSEL ON REVIEW OF OFF-STREET PARKING DEPARTMENT'S PROPOSED NEW RETIREMENT PROGRAM. 41. (A). MOTION FAILS TO APPROVE INCREASE M 90-388 158-160 ism IN CONTRACT WITH SIGMA CONSTRUCTION AND DISCUSSIO14 ENGINEERING CORP. FOR DEMOLITION OF R 90-389 FORMER INCINERATOR NO. 1. 5/24/90 (B) RECONSIDER PRIOR VOTE ON FAILED MOTION TO APPROVE CONTRACT WITH SIGMA CONSTRUCTION AND ENGINEERING CORP. (C) AUTHORIZE INCREASE IN CONTRACT WITH SIGMA CONSTRUCTION AND ENGINEERING CORP. FOR DEMOLITION OF INCINERATOR 140. 1 (CIP 311018) RATIFY MANAGER'S FINDING OF EMERGENCY. a 0 c 42. RATIFY MANAGER'S FINDING OF EMERGENCY - R 90-390 WAIVE FORMAL BID PROCEDURES FOR 5/24/90 PROCUREMENT OF ITEMS REQUIRED FOR THE CARIBBEAN BASEBALL WORLD SERIES - ACCEPT INFOR14AL BIDS FROM: (a) FENCEMASTERS, INC. (FURNISHING / JNSTALLATION OF FENCING AND MATERIALS); (b) CONTEMPORARY SERVICES, INC. (FURNISHING PERSONNEL SERVICES). 43. (Continued Discussion) MAYOR SUAREZ DISCUSSION INVITES PART-TIME EMPLOYEES FROM THE 5/24/90 PARKS DEPARTMENT TO BE HEARD IN CONNECTION WITH JOB SECURITY CONCERNS (See label 38). 44. GRANT REQUEST BY MIAMI HEATWAVE BICYCLE R 90-391 CLUB FOR CLOSURE OF DESIGNATED STREETS 5/24/90 CONCERNING 1990 FLORIDA STATE CRITERIUM BICYCLE CHAMPIONSHIPS. 45. DISCUSSION CONCERNING CONTRACT FOR M 90-392 CHIEF OF POLICE - DIRECT CITY ATTORNEY 5/24/90 TO DRAFT ORDINANCE TO REINSTATE SECTION 26 OF THE CITY CHARTER IN ORDER TO REINSTITUTE THE DEPARTMENT OF PUBLIC SAFETY - DESIGNATE CITY MANAGER AS DIRECTOR - DIRECT POLICE DEPARTMENT'S NAME BE CHANGED - STIPULATE POLICE CHIEF AND CHIEF OF THE FIRE DEPARTMENT CANNOT BE FIRED WITHOUT THREE POSITIVE VOTES FROM CITY COMMISSIONERS. 46. GRANT REQUEST FROM SHOW MANAGEMENT - R 90-393 ESTABLISH SPECIAL FEES, CHARGES AND 5/24/90 CONDITIONS CONCERNING THE COCONUT GROVE BOAT SHOW. 47. DISCUSSION CONCERNING PROPOSED DISCUSSION RESOLUTION OF DIFFERENCES BETWEEN 5/24/90 EXISTING SOCCER PROGRAM IN LITTLE HAITI AND ALLEGED MANAGEMENT INTERFERENCE BY THE POLICE DEPARTMENT. 48. DISCUSSION CONCERNING REQUEST FROM DISCUSSION GERMAN - AMERICAN CULTURAL SOCIETY FOR 5/24/90 IN -KIND SERVICES IN CONNECTION WITH OKTOBERFEST AND FALL OF THE BERLIN WALL EVENT CELEBRATION. 49. (A) GRANT REQUEST BY OLD SAN JUAN R 90-394 FESTIVAL CORPORATION FOR CLOSURE OF M 90-394.1 DESIGNATED STREETS CONCERNING THE OLD M 90-394.2 SAN JUAN / WYNWOOD FESTIVAL '90. 5/24/90 (B) RESTRICT PEDDLERS AND PERMIT SALE OF BEER AND WINE DURING THE OLD SA14 JUAN/WYNWOOD FESTIVAL '90. (C) GRANT FEE WAIVER FOR USE OF PARK AND EQUIPMENT. 50. GRANT WAIVER OF RENTAL AND REHEARSAL R 90-395 FEES AT MANUEL ARTIME PERFORMING ARTS 5/24/90 CENTER IN CONNECTION WITH CUBAN AMERICAN BEAUTY PAGEANT, WITH PROVISOS. 51. GRANT REQUEST BY BAYSIDE NEIGHBORHOOD R 90-396 ASSOCIATION FOR A14 EXTENSION OF TIME TO 5/24/90 MEET WITH BOND REQUIREMENTS CONCERNING PERMANENT BARRICADES I14 THE NEIGHBORHOOD. 160-- 161 162-168 168-170 171-191 191-192 192-196 196-198 198-202 202-204 205-214 A 52. SCHED101.,E TOW11 HALL MEETING AT AMFRICAN R 90-397 2.1.4-216 LEGION PARK ON .?UNE 25, 1990, AT 7:00 5/24/90 P.M. TO DISCUSS ISSUES OF IMPORT IN THE COMMUNITY. 53. EMERGENCY ORDINANCE: AMEND 10451 WHICH ORDINANCE 216-218 ESTABLISHED RESOURCES AND 10740 APPROPRIATIONS FOR THE MIAMI POLICE 5/24/90 CRACK COCAINE FUND - INCREASE AMOUNT BY $389,628 AS A RESULT OF A SECOND GRANT BY BUREAU OF JUSTICE ASSISTANCE AND FROM PROCEEDS OF SEIZED PROPERTY. 54. AUTHORIZE AGREEMENT WITH ALLAPATTAH R 90-398 218-220 BUSINESS DEVELOPMENT AUTHORITY' FOR 5/24/90 PROVISION OF A GRANT, IF APPROVED, FROM THE CITY'S MINI-UDAG-LOAN PROGRAM - TO PROVIDE FUNDING ASSISTANCE IN THE ACQUISITION OF PROPERTY (3721-35 N.W. 17 AVENUE) FOR DEVELOPMENT OF A SMALL STRIP SHOPPING CENTER, WITH CONDITIONS. 55. DENY PROPOSED FIRST READING ORDINANCE M 90-399 221-222 TO AMEND MIAMI COMPREHENSIVE 5/24/90 NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP BY CHANGING LAND USE DESIGNATION OF PROPERTIES GENERALLY FRONTING ON OR WITHIN 150 FEET OF THE WEST RIGHT-OF-WAY LINE OF N.W. 36 COURT BETWEEN W. FLAGLER STREET AND N.W. 7 STREET FROM DUPLEX RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL (Applicant: Planning Department.) 56. DENY PROPOSED FIRST READING ORDINANCE M 90-400 223 TO AMEND 11000 - ATLAS CHANGE OF 5/24/90 PROPERTIES GENERALLY FRONTING ON OR WITHIN 150 FEET OF THE WEST RIGHT-OF- WAY LINE OF N.W. 36 COURT BETWEEN W. FLAGLER STREET AND N.W. 7 STREET FROM R-2 TO R-3 (Applicant: Planning Department.) 57. DENY PROPOSED FIRST READING ORDINANCE M 90-401 223-228 TO AMEND MIAMI COMPREHENSIVE 5/24/90 NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP BY CHANGING LAND USE DESIGNATION AT 2155-2157 S.W. 5 STREET FROM RESIDENTIAL MEDIUM DENSITY MULTIFAMILY TO RESTRICTED COMMERCIAL (Applicant: Soler Motors). 58. DENY PROPOSED FIRST READING ORDINANCE M 90-402 228-229 TO AMEND OLD ZONING ATLAS AT 2155-2157 5/24/90 S.W. 5 STREET FROM RG-2/5 TO CR-3/7. (Applicant: Soler Motors). 59. DENY PROPOSED FIRST READING ORDINANCE M 90-403 229 TO AMEND NEW ZONING ATLAS AT 2155-2157 5/24/90 S.W. 5 STREET FROM R-3 TO C-1. (Applicant: Soler Motors). 60. FIRST READING ORDINANCE: CHANGE OLD ORDINANCE 229-230 ZONING ATLAS AT BLOCK BOUNDED BY N.W. 1 FIRST READING COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6 5/24/90 STREETS FROM CG-2/7 TO SPI-16.2. (Applicant: Planning Department.) U r1 61. FIRST READING ORDINANCE: CHANGE NEW ORDINANCE 231 ZONING ATLAS AT BLOCK BOUNDED BY N.W. 1 FIRST READING COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6 5/24/90 STREETS FROM C-1 TO SD-•16.2 _ (Applicant: Planning Department). 62. FIRST READING ORDINANCE: AMEND 11000, ORDINANCE 232 _ ARTICLE 6 SD SPECIAL USE DISTRICTS - FIRST READING ADD NEW SECTION 610 SD-10 JACKSON 5/24/90 MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, etc. (Applicant: Planning Department). (See label 63) 63. FIRST READING ORDINANCE: AMEND 11000 - ORDINANCE 233 _ APPLY PROPOSED SD-10 JACKSON MEMORIAL FIRST READING HOSPITAL, AND RETAIN UNDERLYING ZONING 5/24/90 - DISTRICT IN AN AREA GENERALLY BOUNDED - BY N.W. 14 AND 20 STREETS, BETWEEN N.W. - 7 AND 12 AVENUES, PLUS AN AREA - EXTENDING APPROXIMATELY 650 FEET WEST OF N.W. 12 AVENUE TO WAGNER CREEK (Applicant: Planning Department). (See - label 62) = 64. FIRST READING ORDINANCE: AMEND OLD ORDINANCE 234-235 ZONING ATLAS - APPLY HC-1 (HERITAGE FIRST READING CONSERVATION) AND RETAIN UNDERLYING 5/24/90 ZONING DISTRICT AT VENETIAN CAUSEWAY, AND NORTH AND SOUTH VENETIAN WAY (Applicant: Planning Department). 65. FIRST READING ORDINANCE: AMEND NEW ORDINANCE 235 - ZONING ATLAS - APPLY HC-1 (HERITAGE FIRST READING CONSERVATION) AND RETAIN UNDERLYING 5/24/90 ZONING DISTRICT AT VENETIAN CAUSEWAY, AND NORTH AND SOUTH VENETIAN WAY _ (Applicant: Planning Department). 66. FIRST READING ORDINANCE: AMEND CODE, ORDINANCE 236-238 SECTION 4-10 (ALCOHOLIC BEVERAGES) FIRST READING CONCERNING DISTANCE SEPARATION 5/24/90 REQUIREMENTS FOR IDENTICAL LICENSEES - DISTINCT FROM DISSIMILAR LICENSEES (Applicant: Planning Department). 67. ALLOCATE $18,000 FOR PAYMENT TO SPECIAL R 90-404 238-239 = COUNSEL FOR THE CODE ENFORCEMENT 5/24/90 - BOARD - ALLOCATE $18,000 FOR PAYMENT TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD. MINUTES OF REGULAR MFETTNG OF THE CITY COMMISSION OF MIAMI:, FLORIDA On the 24th day of May, 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 9:10 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 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, PROCLAMATIONS, AND SPECIAL ITEMS. ------------------------------------------------------------------------------ 1. Students from Silver Bluff Elementary School were recognized. They were present to endorse a "Smoke -free Society." 2. Proclamation designating the month of May, 1990, as Miss Wheelchair Month and saluting the accomplishments of disabled persons. 3. Commendation to David Ames for his dinghy sailing achievements and having been selected to represent Miami as USA Team Captain at the Optimist Championships in Sweden, Ecuador and Portugal during the summer of 1990. 4. Certificate of Appreciation to Greyhound Lines, Inc. for their community involvement. 5. City Plate presented to Adita Linares, young Spanish dancer, who recently received the coveted award "Aplausos 92". NOTE FOR THE RECORD: On motion by Vice Mayor Dawkins , and seconded by Commissioner Plummer the minutes of the regular City Commission Meetings of February 7 and March 8, 1990, the Planning and Zoning Commission Meetings of February 15 and March 22, 1990, and the Special City Commission Meeting of April 4, 1990 were unanimously approved. j =1 1 May 24,1990 2. CONSENT AGENDA NOTE FOR THE RECORD: Mayor Suarez announced that the = following items had been withdrawn: CA-2, CA-4, CA-6, CA-7, CA-8, CA-9, 22 and 29. _ Mayor Suarez: OK, Consent Agenda is constituted of items CA-1 through CA-41 with the exception of those that I just read. Is there anyone that wishes to be heard on any of those items individually? If so, please step forward. Let the record reflect that no one has stepped forward. Commissioners, any items you need clarification on? Commissioner Alonso: Yes. Commissioner Plummer: One, 16, 17, and 31. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes, 10, 23, 36, 37, and 38. Mayor Suarez: You've had your's withdrawn then, the correct way. Vice Mayor Dawkins: Yes. Mayor Suarez: Anything else? Commissioner De Yurre: Forty-one. Mayor Suarez: All right. Consent Agenda is comprised of items 1 through 41. We may as well say through 40 since 41 is going to be clarified, hopefully. With the exception of 1, 10, 16, 17, 31, 36, 38 and 41, plus the other items that were withdrawn. Commissioner Alonso: Twenty-three. Mayor Suarez: Twenty-three, thank you. OK, I'll entertain a motion on those items. Vice Mayor Dawkins: So move. Mayor Suarez: Moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. _ ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER DE YURRE, THE CONSENT AGENDA, WITH ABOVE CITED EXCEPTIONS, 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. -'s ' 2 May 24,1990 WNW 2.1 AUTHORIZE PURCHASE OF INTOXILIZER EQUIPMENT AND TWO F..I,F,CTR011T( MEASURING DEVICES - FOR POLICE DEPARTMENT. RESOLUTION NO. 90--336 — A RESOLUTION AUTHORIZING THE PURCHASE OF INTOXILIZER _— EQUIPMENT AND TWO ELECTRONIC MEASURING DEVICES; AND _ ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO =_ EXCEED $33,000, 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.) - 2.2 AUTHORIZE PURCHASE OF SAFES AND CLOSED CIRCUIT TV EQUIPMENT - FOR POLICE DEPARTMENT. RESOLUTION NO. 90-337 A RESOLUTION AUTHORIZING THE PURCHASE OF SAFES AND CLOSED CIRCUIT TV EQUIPMENT AND ALLOCATING FUNDS THEREFOR, AT A COST NOT TO EXCEED $13,200, 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.) 2.3 ACCEPT BID: ZIP MAILERS, INC. - FOR FURNISHING MAILING SERVICES - FOR FINANCE DEPARTMENT/TREASURY MANAGEMENT DIVISION. RESOLUTION NO. 90-338 A RESOLUTION ACCEPTING THE BID OF ZIP MAILERS, INC. FOR THE FURNISHING OF MAILING SERVICES ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR PERIODS FOR THE DEPARTMENT OF FINANCE/TREASURY MANAGEMENT DIVISION AT A TOTAL FIRST YEAR COST NOT TO EXCEED $8,192.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET, PROJECT NO. 201000, ACCOUNT NO. 260701-340 ($4,192.00) AND NO. 260301-340 ($4,000.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO ADDITIONAL ONE (1) YEAR PERIODS SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.4 ACCEPT BID: MAROONE CHEVROLET - FOR FURNISHING 24 VEHICLES TO BE USED BY POLICE DEPARTMENT'S PUBLIC SERVICE AIDES - FOR G.S.A. DEPARTMENT. RESOLUTION NO. 90-339 A RESOLUTION ACCEPTING THE BID OF MAROONE CHEVROLET IN THE TOTAL AMOUNT NOT TO EXCEED $245,496.00 TO FURNISH TWENTY-FOUR (24) VEHICLES TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO BE USED BY THE POLICE DEPARTMENT'S PUBLIC SERVICE AIDES; FUNDS TO BE MADE AVAILABLE FROM THE PROCEEDS OF THE CERTIFICATE OF PARTICIPATION NOTES AND WHICH SHALL BE APPROPRIATED TO THE 1989-90 GENERAL SERVICES ADMINISTRATION DEPARTMENT, FLEET MANAGEMENT DIVISION OPERATING BUDGET, ACCOUNT NO. 420901-850; AUTHORIZING THE CITY MANAGER TO INSTI:UCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE VEHICLES SUBJECT TO THE AVAILABI! TY OF FUNDS. 3 May 24,1990 (Here follows body of resolution, omitted here and = on file in the Office of the City Clerk.) 2.5 ACCEPT BID: PALMETTO KAWASAKI - FOR FURNISHING 27 MOTORCYCLES TO BE USED BY POLICE DEPARTMENT - FOR G.S.A. DEPARTMENT. RESOLUTION NO. 90-340 A RESOLUTION ACCEPTING THE BID OF PALMETTO KAWASAKI IN AN AMOUNT NOT TO EXCEED $184,653.00 TO FURNISH TWENTY SEVEN (27) POLICE MOTORCYCLES TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO BE USED BY THE POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 GENERAL SERVICES ADMINISTRATION DEPARTMENT, FLEET MANAGEMENT DIVISION, OPERATING BUDGET ACCOUNT NO. 420901-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PURCHASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) 2.6 ACCEPT BID: M.P.C.S. VIDEO INDUSTRY - FOR FURNISHING MEDIA EQUIPMENT - FOR POLICE DEPARTMENT. RESOLUTION NO. 90-341 A RESOLUTION ACCEPTING THE BID OF M.P.C.S. VIDEO INDUSTRY FOR THE FURNISHING OF MEDIA EQUIPMENT FOR THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $11,949.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT BOND PROGRAM, PROJECT NO. 312018, ACCOUNT CODE NO. 299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.7 ACCEPT BID: ELECTRONICS USA - FOR FURNISHING COMPUTER HARDWARE FOR POLICE PATROL SCHEDULING SYSTEM - FOR POLICE DEPARTMENT. RESOLUTION NO. 90-342 A RESOLUTION ACCEPTING THE BID OF ELECTRONICS USA FOR THE FURNISHING OF COMPUTER HARDWARE FOR THE POLICE PATROL SCHEDULING SYSTEM FOR THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $24,860.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND PROJECT NO. 690001, ACCOUNT CODE 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.) 4 May 24,1990 BELL Im 2.8 ACCEPT BID: Y AND W ROOFING AND REMODELING, INC. - BASE BID FOR SIMPSON PARK BUILDING RENOVATIONS. RESOLUTION NO. 90-343 A RESOLUTION ACCEPTING THE BID OF Y AND W ROOFING AND REMODELING, INC., IN AN AMOUNT NOT TO EXCEED $13,300.00, BASE BID OF THE PROPOSAL, FOR SIMPSON PARK BUILDING RENOVATIONS; WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 331346, IN THE AMOUNT OF $13,300.00 TO COVER THE CONTRACT COST AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.9 ACCEPT BID: OCEAN BAY CONSTRUCTION, INC. - TOTAL BID FOR LOCAL DRAINAGE PROJECT E-63. RESOLUTION NO. 90-344 A RESOLUTION ACCEPTING THE BID OF OCEAN BAY CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF $536,270.00, TOTAL BID OF THE PROPOSAL, FOR LOCAL DRAINAGE PROJECT E-63, WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 352267, IN THE AMOUNT OF $536,270.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.10 ACCEPT BID: MANTELL ENGINEERING CONTRACTORS, INC. - FOR DOWNTOWN SANITARY SEWER REPLACEMENT - PHASE III (B-5561). RESOLUTION NO. 90-345 A RESOLUTION ACCEPTING THE BID OF MANTELL ENGINEERING CONTRACTORS, INC., IN THE PROPOSED AMOUNT OF $347,396.00, TOTAL BID OF THE PROPOSAL, FOR DOWNTOWN SANITARY SEWER REPLACEMENT - PHASE III (B-5561), WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 351281, IN THE AMOUNT OF $347,396.00 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,) May 24, 1990 r� U. 2.11 ACCEPT BID: FIND-FONTICIELLA AND ASSOCIATES, INC. - FOR REV. CANON THEODORE R. GIBSON ADULT CENTER, COCONUT GROVE NEIGHBORHOOD CENTER RENOVATIONS (VIRRICK PARK BUILDING RENOVATIONS) (PROJECT 331316). RESOLUTION NO. 90-346 A RESOLUTION ACCEPTING THE BID OF PINO FONTICIELLA AND ASSOCIATE'S, INC., IN AN AMOUNT NOT TO EXCFE'D $138,000.00, BASE BID PLUS ADDITIVE ITEM "A" OF THE PROPOSAL, FOR REVEREND CANON THEODORE R. GIBSON ADULT CENTER, COCONUT GROVE NEIGHBORHOOD CENTER RENOVATIONS (VIRRICK PARK BUILDING RENOVATIONS); WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 331316, IN THE AMOUNT OF $138,000.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.12 ACCEPT BID: M. VILA AND ASSOCIATES, INC. - BASE BID FOR S.W. 6TH STREET STORM SEWER PROJECT (332252). RESOLUTION NO. 90-347 A RESOLUTION ACCEPTING THE BID OF M. VILA AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $578,702.35, BASE BID OF THE PROPOSAL, FOR SOUTHWEST 6TH STREET STORM SEWER PROJECT; WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 352252, IN THE AMOUNT OF $578,702.35 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.13 APPROVE COST SHARING CONTRACT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT - FOR STORMWATER MANAGEMENT FACILITIES IN THREE BASINS. RESOLUTION NO. 90-348 A RESOLUTION WITH ATTACHMENTS, APPROVING A COST SHARING CONTRACT BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR STORMWATER MANAGEMENT FACILITIES IN THREE BASINS DRAINING INTO TWO DISTRICT CANALS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM ON BEHALF OF THE CITY WITH FUNDS THEREFOR ALLOCATED FOR THE CITY'S SHARE FROM STORMWATER UTILITY TRUST FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6 May 24,1990 2.14 APPROVE COST SHARING CONTRACT WITH SOUTH FLORIDA WATER MANA_GFMENT DISTRICT - FOR RETROFITTING STORMWATER BASIN 31 IN DOWNTOWN AND OVERTOWN. RESOLUTION NO. 90-349 A RESOLUTION WITH ATTACHMENTS, APPROVING A COST SHARING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RETROFITTING STORMWATER BASIN 31 LOCATED WITHIN THE DOWNTOWN AND OVERTOWN AREAS OF THE CITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY WITH FUNDS THEREFOR BEING ALLOCATED FOR THE. CITY'S SHARE FROM STORMWATER UTILITY TRUST FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.15 AUTHORIZE LEASE AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, FOOD STAMP PROGRAM - FOR 5,500 SQUARE FEET OF SPACE PLUS USE OF MANUEL ARTIME COMMUNITY CENTER AUDITORIUM ON SPECIFIC DATES. RESOLUTION NO. 90-350 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, FOOD STAMP PROGRAM, FOR THE LEASE OF APPROXIMATELY 5,500 SQUARE FEET OF SPACE PLUS THE USE OF THE AUDITORIUM DURING THE FIRST, SECOND AND THIRD WORKING DAYS OF EACH AND EVERY MONTH THROUGHOUT THE TERM OF THE LEASE FROM 8:00 A.M. TO 5:00 P.M., IN THE MANUEL ARTIME COMMUNITY CENTER, 970 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID LESSEE SHALL PAY FOR THE USE OF THE PREMISES AT AN ANNUAL RENT OF $67,760.04 FOR THE FIRST YEAR COMMENCING ON MAY 1, 1990, AND AN ANTICIPATED FIVE PERCENT ANNUAL INCREASE FOR RENEWAL OPTIONS EXERCISED IN ACCORDANCE WITH THE TERMS AND C014DITIONS AS SET FORTH IN THE ATTACHED LEASE AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.16 AUTHORIZE AMENDMENT TO INTERLOCAL AGREEMENT DATED NOVEMBER 11, 1985, WHICH CREATED THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION. RESOLUTION NO. 90-351 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE EXECUTION OF AN AMENDMENT, IN SUBSTANTIALLY THE ATTACKED FORM, TO THE INTERLOCAL AGREEMENT, DATED NOVEMBER 11, 1985, AS AMENDED, WHICH CREATED THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 May 24,1990 LJ 2. 17 EXECUTE AGRFFMTSE,4T WITH CONSULTANT CONCERNING MIAMI. SYI,VESTFR A. I,UKIS AS FROFFSSIOIIAI, I,FGISL,ATIVP FEDERAL LEGISLATION TMPACTING ON THE CITY OF RESOLUTION NO. 90-352 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SYLVESTER A. LUKIS, FOR PROFESSIONAL. LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $45,000 FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED $3,000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.18 EXECUTE AMENDMENT NO. 2 TO AGREEMENT WITH DELOITTE AND TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON AND COMPANY, PA; VERDEJA, IRIONDO AND GRAVIER; AND WATSON AND COMPANY, PA - FOR RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR MIAMI CONVENTION CENTER AND GOVERNMENT CENTER PARKING GARAGE FINANCINGS - AND FOR ADDITIONAL CONTROLS REVIEW OF NEW PAYROLL/PERSONNEL COMPUTERIZED SYSTEM. RESOLUTION NO. 90-353 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON & COMPANY, P.A., VERDEJA, IRIONDO & GRAVIER, AND WATSON & COMPANY, P.A. FOR RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR THE MIAMI CONVENTION CENTER AND THE GOVERNMENT CENTER PARKING GARAGE FINANCINGS, AND FOR ADDITIONAL INTERNAL CONTROLS REVIEW OF THE NEW PAYROLL/PERSONNEL COMPUTERIZED SYSTEM; WITH FUNDS IN AN AMOUNT NOT TO EXCEED $33,000 THEREFOR BEING ALLOCATED FROM FISCAL YEAR 1990 OPERATING BUDGETS OF THE DEPARTMENTS OF CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES, FINANCE AND THE GOVERNMENT CENTER PARKING GARAGE ENTERPRISE FUND AS FOLLOWS $12,000 FROM ACCOUNT NO. 260301-340, $6,000 FROM ACCOUNT NO. 260701-340, $7,500 FROM ACCOUNT NO. 350119-340, $7,500 FROM ACCOUNT NO. 260221-340. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.19 EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY SETTING FORTH RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS ON WEST SIDE OF VIRGINIA KEY. RESOLUTION NO. 90-354 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY, SETTING FORTH THE RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS LOCATED 014 THE WEST SIDE OF VIRGINIA KEY, WITH SAID ACTIVITIES TO BE UNDERTAKEN AT NO COST 'IO THE CITY. 8 May 24,1990 I (ilere foflores body of rinsolut.ion, omitted hez-A and on file in the Office of the City Clerk.) 2.20 ESTABLISH CHARGES, TERMS AND CONDITIONS FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY CRICKET PROMOTIONS, INC. - FOR PRESENTATION OF _= AMATEUR CRICKET MATCHES. - RESOLUTION NO. 90-355 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR THE USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY AMERICAN CRICKET PROMOTIONS, INC., FOR THE PRESENTATION OF AMATEUR CRICKET MATCHES MAY 26 - 28, 1990; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.21 CLAIM SETTLEMENT: SANDRA K. COLL ($30,000). RESOLUTION NO. 90-356 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SANDRA K. COLL THE SUM OF $30,000, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS, INCLUDING SETTLEMENT OF CIRCUIT COURT CASE NO. 88- 47682 (CA-21). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.22 CLAIM SETTLEMENT: RICARDO J. AND ARVELIA FRANCO ($35,000). RESOLUTION NO. 90-357 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RICARDO J. FRANCO AND ARVELIA FRANCO, HIS WIFE, THE SUM OF $35,000.00, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.23 SUPPORT CONCEPT OF A 1996 INTERNATIONAL EXPOSITION IN DOWNTOWN MIAMI TO CELEBRATE THE CITY'S CENTENNIAL. RESOLUTION NO. 90-358 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CONCEPT OF A 1996 INTERNATIONAL EXPOSITION IN vj DOWNTOWN MIAMI TO CELEBRATE: THE CENTENNIAL OF THE CITY OF MIAMI; ENCOURAGING A FEASIBILITY STUDY; AND EXPRESSING THE POSSIBILITY OF PUBLIC LAND(S) BEING AVAILABLE FOR THE DEVELOPMENT OF SUCH IN1t.'iATIONAL EXPOSITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9 May 24, 1990 2.24 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL - FOR PRESENTATION OF ITS SPRING FOOTBALL JAMBOREE. RESOLUTION NO, 90-359 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL FOR THE PRESENTATION OF ITS SPRING FOOTBALL JAMBOREE ON MAY 31, 1990; ALLOCATING AN AMOUNT NOT TO EXCEED $2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE TICKET SURCHARGE FOR SAID EVENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND THE NECESSARY GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE DADE COUNTY SCHOOL BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.25 DESIGNATE KAGOSHIMA, JAPAN AS A SISTER CITY. RESOLUTION NO. 90-360 A RESOLUTION DESIGNATING THE CITY OF KAGOSHIMA, JAPAN AS A "SISTER CITY" OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3. DESIGNATE PANAMA CITY, PANAMA AS A SISTER CITY - APPOINT COMMISSIONER MIRIAM ALONSO AS LIAISON. Mayor Suarez: Item CA-1, we have a clarification, Commissioner Plummer, hopefully. I Commissioner Plummer: Yes, who's going to be the City Commissioner designated = for Panama? Mayor Suarez: I suggest Commissioner Plummer - ah, Commissioner Dawkins. Commissioner Plummer: That's fine. You know, the policy... -= Mayor Suarez: How do you want it? I mean, you've been the... Vice Mayor Dawkins: If Commissioner Alonso does not want it, I'll serve. -' Mayor Suarez: Do you want to do it? Vice Mayor Dawkins: She went down there to set it up, she should be the one that does it. �r Commissioner Alonso: Fine. But if you want to do it, I have... = Vice Mayor Dawkins: No, no, no, you... a Mayor Suarez: OK, I'll entertain a motion.... — Vice Mayor Dawkins: It's usually, whoever goes down to set it up is the — one. . . 7 I 10 flay 24,1990 - Mayor Suarez: ...that it be Commissioner Alonso. Commissioner Alonso: Thank you. Commissioner Plummer: So move. Mayor Suarez: Moved. a Vice Mayor Dawkins: Second. - Commissioner Plummer: I don't think this microphone is on. Mayor Suarez: Any discussion7 If not, please call the roll. Ms. Hirai: He's coming, Commissioner.. He's coming to change it. Commissioner De Yurre: That's all right. Mayor Suarez: Reflect a positive vote by Commissioner Plummer till he gets a working microphone. Commissioner De Yurre: Hey, don't fix it. Ms. Hirai: Commissioner Plummer. Mayor Suarez: Commissioner De Yurre suggests that we don't fix it. Vice Mayor Dawkins: By no means. The following resolution was introduced by Commissioner Plummer, who = moved its adoption: RESOLUTION NO. 90-361 A RESOLUTION DESIGNATING THE CITY OF PANAMA CITY, PANAMA, AS A "SISTER CITY" OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 4. ACCEPT BIDS: (A) J.R. BUILDERS, INC., (B) TREE MASTERS, INC., AND (C) CUYAHOGA WRECKING CO. - FOR FURNISHING DEMOLITION SERVICES. ------------------------------------------------------------------------------- Mayor Suarez: Item CA-10. Commissioner Alonso: Yes... Mayor Suarez: Madam CoRunissioner. CouLtnissioner Alonso: I have no problems with this, as long as it's for one s= year. Longer than that, the option of extending it, if it's our option, I have no objection. If it's the option of the vendor, I'd rather not. 11 May 24,1990 Mayor SUSI-eZ: Goori point., pond point. Onc- aRai7i, wo pp tlip Conftiginn nn those option it is. Is this one of these that's renewable at the option of both and if: so, can we clarify that it's renewable at our option. In which case, it's just like the one year agreement as the Commissioner is saying. Mr. Ron Williams: The option is mutual, Mr. Mayor. Obviously, both sides have to agree. We cannot force them to continue and most: certainly, we find in the best interests of the City not to proceed with an option, we won't do that. Mayor Suarez: OK, at the mutual option. That's almost like not having an option at all. Anyhow... Mr. Williams: Well, if I may further clarify it. When we look at these and find that it makes sense to continue or request an option, i. e., the vendor's been performing well or has not been performing well, or we look at the market and find that pricing may be in our advantage, we will not agree to an extension and we'll come back to the Commission and ask for approval to proceed differently. Commissioner Alonso: OK. Mayor Suarez: OK, is that acceptable? Commissioner Alonso: Yes, yes, fine. Vice Mayor Dawkins: The only problem I have, Mr. Williams, is that somewhere in here - I don't have it now, but I will be coming up with it later on - you spell out there's a possibility of an increase or a decrease. And here, you know, we do not have a uniform way of doing it. Some contracts say we'll accept it at what it is, some says there's no room for negotiation and then some you put in there's room for negotiation. I mean, it's one in there, I just don't have it at my hands and when it come up, I'll ask you to come back and explain what we're doing, sir. Mr. Williams: OK, Vice Mayor, I also hear you. We most certainly can put together a firm policy and bring it back for the Commission's consideration. Vice Mayor Dawkins: OK, thank you. Mayor Suarez: OK, with the clarification, I'll entertain a motion on CA-10. Do you want to move.... Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. =t. liay 24, 1990 U The fo1.1nwing reSollfl i.on TARS i.n1.I-01111f-Od by COMM i8Si.Onc�TFI�1mTp9t', '+1}l0 moved its adoption: RESOLUTION NO. 90-362 A RESOLUTION ACCEPTING THE BIDS OF J.R. BUILDERS, INC., TREE MASTERS, INC., AND CUYAHOGA WRECKING CO. FOR FURNISHING DEMOLITION SERVICES TO THE PLANNING, BUILDING AND ZONING DEPARTMENT ON A CONTRACT BASIS FOR ONE YEAR IN AN AMOUNT NOT TO EXCEED $198,054.00, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE YEAR PERIOD; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT DEMOLITION FUND 110. 455017-340-799206 WITH RECOVERY BY NORMAL LIEN ENFORCEMENT PROCEEDINGS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS BID FOR AN ADDITIONAL ONE (1) 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.) 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. ------------------------------------------------------------------------------ 5. (A) ACCEPT BIDS: (A) CAMILO MUEBLES, AND (B) DECORA OFFICE FURNITURE - FOR SUPPLYING OFFICE FURNITURE - FOR POLICE DEPARTMENT. (B) ACCEPT BID: FLORIDA COMPUTER FURNITURE - FOR FURNISHING WORKSTATIONS AND FILE CABINETS - FOR POLICE DEPARTMENT. ---------------------------------------------------------------------------------- Mayor Suarez: Clarification on CA-16. Commissioner Plummer: Mr. Manager, when we built the substations, we told you to come in under the five million dollars. That was to include everything. Now, we're looking at 28 thousand, 29 thousand in one item. The next item, six thousand. Where's this furniture going? Lt. Joseph Longueira: Commissioner, that's for the main station. Commissioner Plummer: What do you mean, for the main station? Lt. Longueira: This furniture for main police headquarters. It's replacement furniture for main headquarters, sir, out of operating budget. Vice Mayor Dawkins: What were they using prior to your ordering the new one? Commissioner PluliilT!er: Yes. Lt. Longueira: They're currently using furniture that some of it we had before we moved into this building, back in 1976, 1 believe. Commissioner Alonso: Seventy-three I was given the date. Commissioner Plummer: Mr. Manager, I thought you were short of money. 13 I•lay 24 , 1990 LJ tir. !din: yTr-* are, 1)11t 1,7P ajcr 1ia.'n to }1 1,;n pr,n, w,",r{ J Tik r n i 1 1 i t i,-[nS t0 sure that people can work. I.A. Longueira: Commissioner, majority of this item 17 is up in the Detective Bureau which is a 24--hour a day facility. We have people working 24 hours a day and that furniture goes through a lot of use. Commissioner Plummer: OK. Mayor Suarez: All right. Commissioner Plummer: See, boys, that's where my money goes. Vice Mayor Dawkins: Mr. Manager... Commissioner Plummer: I'll move 16 and 17. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Vice Mayor Dawkins: I'll second for discussion. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: Before you move any of it, I want to visualize it and after you replace it, I want to visualize it. I'd like to see... Mr, Odio: Sure. Vice Mayor Dawkins: ...you know, what makes it so unpalatable to work at that condition, that station that you've got to have something new to make a man earn his paycheck. = Mr. Odio: dies, sir, I wish you would see that. Vice Mayor Dawkins: OK. Commissioner Plummer: If I find one piece of that furniture in either one of those substations, I want to tell you something... Lt. Longueira: They won't sir, we're... Commissioner Plummer: ...we're going to have a strawberry investigation. Lt. Longueira: We are fully furnished at both substations. Vice Mayor Dawkins: No, you're not. What do you have in those two front _ — rooms on the 62nd Street station? Lt. Longueira: They have.. Vice Mayor Dawkins: Those two rooms downstairs, what's in there? Lt. Longueira: There's desks in both rooms for community relations to utilize, sir. Vice Mayor Dawkins: So, a desk and a chair is fully furnished? fi Lt. Longueira: 'There's one desk and one chair in one room and there's two =� desks... Vice Mayor Dawkins: So that snakes the room fully furnished? TEN Lt. Longueira: For their intended use, yes, sir. _= Vice Mayor Dawkins. What was the intendea use when it was built, sir' Lt. Longueira: One roorn was for conwunity relations when it was originally jA designed and that's the intended use. The other room initially was designed —' 14 May 24, 1990 fOr flnp,'i-pr-7ntinp lolhicIi y7?'re, n) Ic>nQer in diat 1PiI)Psc noon, communi ty re 1 at ions wi I- I. a] SO ljs(? that roC.m. Vice Mayor Dawkins: At no time, sir, dic. we talk of using one of those rooms as a community meeting center. At no time. Commissioner Plummer: We didn't, they did. Vice Mayor Dawkins: When you say "we," then did "we" tell. "they" that "we" weren't going to do it? Commissioner Plummer: No. Lt. Longueira: No, we're... Vice Mayor Dawkins: You see, so we led they on to believe that we were going to do what they wanted knowing all the time that we never intended to do what they wanted. Lt. Longueira: Commissioner, we have two rooms at the substations for meetings. One is roll call room and one is the... Vice Mayor Dawkins: And is that properly furnished? Lt. Longueira: Yes, sir. Vice Mayor Dawkins: Why what does a roll call room need to be properly furnished? Lt. Longueira: It needs chairs and tables. It has both, sir. Vice Mayor Dawkins: Where did they come from? Lt. Longueira: We bought it through the project, sir. Vice Mayor Dawkins: Bought them brand new? Lt.. Longueira: Yes, sir, they're brand new. Vice Mayor Dawkins: OK, all right, just don't buy anything till I go over there and see what you have over there, please. Mayor Suarez: Subject to the Vice Mayor checking out the equipment, we have a motion and a second. I don't think that proviso is problematic, having one of the members of the Commission look at it. And that way, we can get the item... Within a reasonable time, please. Call the roll. The following resolutions were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 90-363 A RESOLUTION ACCEPTING THE BID OF CAMILO MUEBLES IN THE AMOUNT OF $11,566.00 AND DECORA OFFICE FURNITURE IN THE AMOUNT OF $17,407.00 FOR FURNISHING OFFICE FURNITURE TO THE DEPARTMENT OF POLICE FOR A TOTAL AMOUNT NOT TO EXCEED $28,973.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET, ACCOUNT CODES 140. 290201-840 ($11,566) A14D NO. 29021-850 ($17,407); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION 140. 90-364 IsPTING THE BID OF FLORIDA COMIPU'T'£R A RESOLUTION A.CC FURNITURE FOR THE FURNISHING OIL WORKSTATIO14S AND FILE CABINETS FOR THE DEPARTMENT OF POLICE IN ANAMOUNT NOT `110 EXCEED $5,925.00; ALLOCATING FUNDS THEREFOR FROM 15 May '24, 1990 11 11 THE'. 19A9-90 OF PATTTJG BUTS FT, ACC:OTiNT CODE ITT. 290201 - 907 ; AUflORT7,TNG THE CI'.I'�i MANAGER To THS7'RUCT. THE CHIEF PROCUREMENT OFFTCER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolutions 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. ---------------------------------------------------------------------------------- 6. DESIGNATE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECT - 1991 AND 1992 AS CATEGORY "B" PROJECT - APPOINT CERTIFICATION COMMITTEE - APPOINT GENE PELAEL AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE. -------------------------------------------------------------------------------- Mayor Suarez: Item 23. Commissioner Alonso: Yes, I have a question. The appointment, when is it going to take place? I'm not clear on the information. Mr. Odio: I couldn't hear the question, Commissioner. Commissioner Alonso: Appoint when? It says... Mr. Odio: This is just to appoint a competitive selection committee of no less than six members. Commissioner Alonso: When will the appointment be made? Mr. Odio: Now, if you approve. Commissioner Alonso: But, this is one name, right? Mr. Odio: Yes, let me... Commissioner Alonso: I thought there were six.. Dr. Luis Prieto: Six members, yes. Commissioner Alonso: Six members. And when the appointment will take place? Mr. Prieto: As soon as its approved this week, tomorrow. Commissioner Alonso: He will make the appointment? Mr. Prieto: Basically, the department will recommend among professionals. Commissioner Alonso: The department will make the recommendation? Mr. Prieto: Yes. Commissioner Alonso: Right after we approve this. Mr. Prieto: Yes, ma'am. Corwiiissioner Alonso: OK. And it will come back? Mr. Jorge Fernandez: No.... 16 May 24,10,90 401 Commissioner Alonso: The names? Mr. Prieto: Well, no, it's which ever Commissioner Alonso: OK, fine. Commissioner Plummer: Well, but wait a minute. Whoa, whoa, whoa! You're asking us to formulate a committee, but we don't know who's going to be on that committee? Mr. Prieto: Basically, professionals from the department and from the profession in general, sir. Commissioner Plummer: But, are we talking about having people from the private sector? Mr. Prieto: Yes, they are private sector. Commissioner Plummer: At least half of the committee? Mr. Prieto: Absolutely, sir, three members are from the private sector. And people that... Commissioner Alonso: And you will also appoint those individuals. Mr. Prieto: Yes. These are individuals that would not have contract with the City. These are professionals that serve the community at large. Mr. Fernandez: Commissioner... Mayor Suarez.: Mr. City Attorney. Mr. Fernandez: ...this is a two step process. We're talking about two committees. We're talking about a certification committee and a competitive selection committee. Now, as to the certification committee, those members are outlined here in the resolution and those you appoint. In the selection, competitive selection committee, those members the City Manager appoints. That's the way that is established in the code. Yes, and a chair person is being appointed... the chairperson of the competitive selection committee is being appointed by you and that is Gene Pelaez, the way that it reads here now. And so, as to the certification committee, which is a committee that looks at it first, you make all the appointments. And as to the competitive selection committee, you appoint the chairperson and the Manager and his staff appoint the remaining members of that committee. Commissioner Alonso: OK. Mayor Suarez: OK, on item CA-23, I'll entertain a motion. Commissioner Alonso: Yes, I move. Mayor Suarez: Moved, Vice Mayor Dawkins: Second. Commissioner Plummer: Second. Mayor Suarez: Moved, Commissioner Alonso. Seconded, Vice Mayor Dawkins. Call. the roll if there's no further discussion. Mr. Fernandez: And is it clear with the Commissioner - excuse me, Mr. Mayor - that this item does not come back to the Commission. OK? Vice Mayor Dawkins; No, it's not. Why doesn't it come back? Mayor Suarez It comes back at some point. Mr. Fernandez: Yes, for you to grant an award to approve the selection that has been made, but the issue of the corunittee people do not come back to you. Mayor Suarez: Right. 17 May 24,1990 M Vice Hp.*,or OK., thank y-u. Mayor Suarez: OK, call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption.: RESOLUTION NO. 90-365 A RESOLUTION DESIGNATING THE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECT - 1991 AND 1992 AS A CATEGORY "B" PROJECT; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED PROFESSIONALS; APPROVING THE CITY MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS THAN SIX (6) MEMBERS; AND APPOINTING GENE PELAEZ, P.E., A MEMBER OF THE NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS (NSPE), DEPARTMENT OF PUBLIC WORKS, AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE. (here follows body of resolution, omitted here and on file in the Office of. the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mavor Xavier L. Suarez - NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 7. CONSENT TO ESTABLISHMENT OF A CRITICAL WILDLIFE AREA BY THE. FLORIDA GAME AND FRESH WATER FISH COMMISSION - NORTH AND WEST OF VIRGINIA KEY (A DESIGNATED CITY -OWNED AREA). ------------------------------------------------------------------------------ Mayor Suarez: Item 31. Commissioner Plummer had a question. Commissioner Plummer: Mr. Manager, my question is, is designating this as an endangered area or as a conservation area of restricting the City's right to use this property. Vice Mayor Dawkins: Yes. Commissioner Plumnner: And that scares me because, as you know, every time you -- do something like this, we have tried to develop and tried to do something with 1,047 acres of Virginia Key. What you're doing is imposing one more reason that you can't develop. Ms. Arleen Weintraub: There's exhibit one, Commissioner, that shows that it is in the water area. It's all mud flats out here and they're very shallow. a You can't even get through at low tide. -_ Commissioner Plummer: It's all in the water area. Ms. Weintraub: Well, it comes into this mangrove area, but the developable site, in staff's opinion, and on the plan is this part of the island, not within; this area as shown in the boundaries where we're recommending a wildlife area. Conunissioner Pluwmner; I'm talking about. the land area. �i 18 May 24,1990 M.r. ndio: Yo,i I1a17P art aroa 4'}IP rP untouchable, nrco2dlnP to th^ Blaster Tit Ms. Weintraub: That's right, you woulc Commissioner Pluramer: Once this is imposed as a so-called CWA, does this Commission have the right to withdraw it? Ms. Weintraub: Yes, you do at any time. Commissioner Plummer: We have that right. Ms. Weintraub: Yes. Commissioner Plummer: OK, fine. I'll move it. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion, further discussion? If not, please call the roil. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-366 A RESOLUTION, WITH ATTACHMENT, CONCURRING WITH AND CONSENTING TO THE ESTABLISHMENT OF A CRITICAL WILDLIFE AREA (CWA) BY THE FLORIDA GAME AND FRESH WATER FISH COMMISSION OF A DESIGNATED CITY -OWNED AREA TO THE NORTH AND WEST OF VIRGINIA KEY, AS MORE PARTICULARLY SHOWN IN EXHIBIT I; AUTHORIZING THE FLORIDA GAME AND FRESH WATER FISH COMMISSION TO COORDINATE THE POSTING OF THE AREA; AND SPECIFYING A CLOSURE PERIOD OF AUGUST 1ST TO MAY 1ST, EACH YEAR, WHEREIN THE POSTED AREA SHALL BE ACCORDED MAXIMUM PROTECTION FROM HUMAN OR VEHICULAR DISTURBANCE IN ACCORDANCE WITH ALL PROVISIONS SET FORTH BY RULE 39-19.005 OF THE FLORIDA ADMINISTRATIVE CODE. (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. 19 May 24, 1990 V L] 8. DISCUSSION CONCERNING PROPOSED FUNDING OFFER REGARDING CONSTRUCTION OF A FACILITY IN WHICH ro HOLD TENNIS TOURNAMENTS - BRIF,F DISCUSSION CONCERNING THE LIPTON TENNIS TOURNAMENT Commissioner Plummer: Mr. Mayor, can I... Mayor Suarez: Yes. Commissioner Plummer: ...inquire at this time, Commissioner De Yurre brought up at a previous meeting and we now have seen what has happened with the Lipton Tennis Tournament. I think it would be devastating to this community to lose that tennis tournament to this community. Commissioner De Yurre, I hope that whatever your thoughts were in the past, that you're still pursuing, in some way, that that tournament can be saved for this community. I understand, and I don't disagree with the ruling that's been handed down by the courts, obviously; there was a deed restriction that was not adhered to, but if, in fact, that thing has to move, I, for one, not a tennis bum in anyway, don't even play the game, but thinking about what that thing does for this community in nationwide and worldwide publicity -- good, positive publicity - would hate to see the loss of that event in this community. So, I will support you in whatever you were doing in the previous bringing it before this Commission, to make sure that that - if whatever we can do, to keep that in this community. Commissioner De Yurre: Well, I'll tell you what I'm going to do and what I've been doing and we had to wait till this decision to come down and now we're in a position that we can get more involved, and that is we're going to have to work with the County. The Miami Sports & Exhibition Authority, which may have some bonding capacity to raise some of the money for the construction and, certainly, the City of Miami Commission, we all have to get involved because it's our land and it's the County's going to have to pitch in. The State - I was up at Tallahassee yesterday and we're already trying to get something going about getting some funding from the State so that we can construct the facility which, I think, is well within our concept of the master plan for Virginia Key, and it would work in well, so I will continue to pursue this effort and I'll keep the Commission appraised of what's happening. Commissioner Alonso: Yes, I'd like to pest in the record, I met with representation of the Lipton Tournament I would say about two months ago. And, of course, they were not free to discuss any kind of contract but they came to my office and we discussed, and they were very much interested in continuing the negotiations and they decide that we discussed Virginia Key. It was fantastic, they wanted to go and inspect that. They wanted to get together with the City Manager and go perhaps go around the area and identify the location. So I think it's something that we will be able to move forward very effectively. Commissioner De Yurre: OK, well I'm glad, because, you know, it's going to take a lot of effort from the Commission, from the County and a number of entities and we'll keep pursuing that. 20 May 24,1990 9. (A) DIRECT ADMINISTRATION NOT TO ALLOW ANY LOUDSPEAKERS AT CITY FESTIVALS UNTIL 8:00 A.M. (B) 1990 MIAMI/BANAMAS GOOMBAY FESTTVAi_. - PROVIDE FOR CLOSURE OF DESIGNATED STREETS - ESTABLISH PEDESTRIAN MALL - AUTHORIZE BEER AND WINE PERMIT - RESTRICT PEDDLERS. Mayor Suarez: OK, item CA-36. Commissioner Alonso: Thirty six... Yes, my concern... Mayor Suarez: Clarification, Commissioner Alonso Commissioner Alonso: Yes, my concern with this item is the question of noise, 6:00 a.m. I've been receiving letters from people in the different areas and especially the Coconut Grove area. So many events are taking place in Coconut Grove and some of the loudspeakers start so early in the morning that make very difficult for the residents of the area to enjoy peace and quiet during the weekend. And I think that perhaps if we can clarify or be reassured that this is not going to interfere with the neighbors in the area, I will have no objections. But if loudspeakers are going to start at 6:00 o'clock in the morning, I certainly disagree with this. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: The Goombay Festival has never disturbed anyone. The Goombay Festival does not start until 12:00 noon. And usually people are home way before 10:00 o'clock. If anyone in the audience, in the City of Miami, in Coconut Grove, can come down and say that the Goombay Festival creates any more or any less noise than Calle Ocho, then you got a problem. (Applause) Mayor Suarez: I think they're concerned with... Vice Mayor Dawkins: But, as long as we have... Commissioner Alonso: Commissioner.... Vice Mayor Dawkins: As long as we have two festivals... Commissioner Alonso: Commissioner, this is not the question of... Vice Mayor Dawkins: ...that bring people to this City who enjoy themselves and who enjoy intermingling in each other's neighborhoods, to have a better relationship, I'm for it and we've never had any problems at all, to my knowing, about the Goombay Festival. (Applause) Mayor Suarez: I think your concern has to do with the foot race that took place in Coconut Grove. Commissioner Alonso: The concern is a growing concern in the area that festivals are starting earlier and earlier and when you see 6:00 a.m. as the request, we want to be certain that the loudspeakers don't start until later. Remember that we have regulations in the City of t',iami that they state that it has to be after 7:00 o'clock, any kind of noise, and we expressed our concern in the last Commission fleeting that 24 hours a day was our concern to protect the citizens of Miami. It. has nothing to do with this one, or Calle Ocho festival or whatever festival it is. It is the same concern. Actually, in the last Corraiiisslon Meeting, we've been addressing this problem that, so many of the festivals take place in the Coconut Grove area and that's mainly my concern. As a matter of fact. there are some others that are coming up that also I have concerns about that. Arid maybe what we can do it, set up regulations that prohibit that noises start as early 6:00, 7:00 o'clock in the morning because it interferes with the: quality of life of the citizens of Miami. 21 May 24, 1990 Vice Mayor D'Iwki ns: wn I ,, , the pop i, have t.o sc t. it at. 6: Q0 o' c lock in the morning so that when the people pet there at noon, they can start to serve. They have to put their drinks on ice and I hear you as to no loud noises, but T will say again, and I will put In the record, I have never, in nine years that I sat here, had anybody call my office, come to my office, or notify anybody that I know of that Goombay Festival has created a problem in this neighborhood. (Applause) Commissioner Alonso: Commissioner... Mayor Suarez: There was a - Madam Commissioner, if I may, just for a second to clarify because I think that the letters that I received, and I suspect you did too and all of us, had to do with a race that started at 6:00 a.m. and they were using loudspeakers to start it off. Commissioner Alonso: Loudspeaker, I refer specifically about, loudspeakers, yes. Mayor Suarez: What is the rule on that, Mr. Manager? I mean, can they just start a race that we approve by having loudspeakers next to a building in Coconut Grove that wake up everybody at 6:00 a.m.? Mr. Odio: I believe you cannot. However, the closure of the street in this case is just so that they can set up. Mayor Suarez: But, we're not talking about this Goombay Festival. There's nothing wrong with Goombay Festival. Commissioner Alonso: We are talking in general so we came up as... Vice Mayor Dawkins: I will second Commissioner Alonso's motion that no loudspeakers start at 6:00 o'clock for no festival. Mayor Suarez: Right. Commissioner Alonso: Great. Mayor Suarez: What is the time of which they are prohibited right now under ordinance? Or is there? Commissioner Plummer: Seven to 11:00. Mr. Frank Castaneda: I believe, Commissioner Plummer, is correct... Commissioner Alonso: It's 7:00 to 11:00. Commissioner Plummer: Yes. Commissioner Alonso: Yes. Mr. Odio: It does not address that. in the code. Commissioner Alonso: But also, remember we have regulations and say... Mayor Suarez: We have a noise ordinance yet. That's a good motion. That will get us out of this. Commissioner Alonso: ...noise that you can hear over 100 feet from the place where they are producing the noise, it's also - they have a thing out there. Could you clarify that, Mr. City Attorney, what is the statement? Hundred feet away, I believe it is. Yes. Mr. Castaneda: What. race did you get the complaint on so we can investigate? Conunis,sioner Alonso: I don't remember exactly, but it was right after we had approved one of the different events that constantly we approve, we receive letters of complaint and then I receive phone calls in my office saying that loudspeakers... Mayor Suarez: I. think they were lawyers. Hay 24, 1 990 Commissioner Alonse: ...started at 6:00 o'clock in the morning. Mr. Castaneda: In Brickell. Mr. Odic: There is two events that the bike race... Mayor Suarez: Lawyers or accountants. I know they were high paid professionals, I know, that had the race. Mr. Odio: ...and the March of Dimes. Commissioner Plummer: Well, may I interject, Madam Commissioner, we have a committee that has proffered to this Commission on a first reading and for whatever reason, has never come back for a second reading, a schedule of trying to control in Coconut Grove, the number of festivals, all of the ramifications of festivals in Coconut Grove, especially those that really don't relate to Coconut Grove, and I would like to send you a copy and, Mr. Manager, get the second reading of that committee back on this agenda because it does have many of the things that Miriam is talking about are encompassed in this committee's recommendations. So I'd like to get it back on the agenda and get it approved or one way or the other, let's get it done. Mayor Suarez: In addition to passing the motion, Commissioner Plummer, would you look at what regulations maybe we ought to add it to whatever it is you're recommending to us or to the second reading of the ordinance regarding the use of loudspeakers in connection with... Commissioner Plummer: Well, Mr. Mayor, you know, on this kind of an application, we can go beyond whatever our present ordinance is... Mayor Suarez: Exactly. Commissioner Plummer: ...is we want to say that you can't have amplifiers before 9:00 or 10:00 o'clock in the morning and they cannot go after X hour at night, well, that's our prerogative and they either accept it or they don't hold their festival. So, you know, I think that that's within the prerogative of the Commission. I have one question on this, Mr. Manager. What are the designated streets in which this is going to occur? Is it just Grand Avenue? Mr. Odio: Goombay has always been on Grand Avenue. Commissioner Plummer: No - but yes, but they tried to sneak in Douglas Road the other day. Commissioner Alcnso: Grand Avenue from Douglas Road to Matilda Street. Commodore Plaza from Grand Avenue to Main Highway. Commissioner Plummer: Say again. Mr. Odio: Grand Avenue between Douglas and Matilda. Commissioner Plummer: Right. Mr. Odio: Commodore between Grand and Main. Commissioner Plummer: Grand and Main. OK, but they're not going from Grand to Dixie. Mr. Odio: No. Commissioner Plummer: OK, well that's what they were proposing last year, you'll recall. Mr. Odio: tic. .. Mr. Castaneda: That's correct. Mayor Suarez: That's not before us here unless... Commissioner Pluwimer: OK, 7 just want to make sure of that. 23 May 24,1990 11 Mayor Slia_r z: OK. On the item then, there's no cr^}>tems. Ian wA ha;�+ a motion... Commissioner Alonso: No problems, so I move... Mayor Suarez: .,,.and a second, I believe we do. Commissioner Plummer: Well, let me ask this question just for clarification. Ms. Hirai: We have a motion. Commissioner Plummer: Are we going to inject a time period in this particular one as to amplifiers, yes or no? Commissioner Alonso: Yes, I guess, Commissioner Dawkins said that... Commissioner Plummer: What is reasonable? Commissioner Alonso: Not to have loudspeakers six in the a.m. Vice Mayor Dawkins: You know, but I don't understand what the hell we're doing and I may as well tell you. OK? Commissioner Plummer: No. Vice Mayor Dawkins: If you're going to discuss the noise ordinance and how much noise is being made, we should do that as a scheduled item on the agenda. Now, I agree with my fellow Commissioners there should be a noise abatement law. I also agree with my fellow Commissioners that these boom boxes must be silenced. I have no problems with that. But I want it applied where it's supposed to apply and not have - and I didn't compare this with Calle Ocho in a derogatory manner - I'm saying that these are two festivals that we hold in the City of Miami where all ethnic groups come together and mingle and have a good time and I have yet to hear any complaints. But I agree, it should not be any noise before 6:00 o'clock. In my neighborhood or nobody eise's. Commissioner Plummer: Well, would you then want to say that we would not allow, with any festival, to have... Vice Mayor Dawkins: I would like to discuss this at the... I mean, yes, go ahead, whatever you all are doing. Commissioner Plummer: ...between nine and nine. Nothing prior to nine and nothing after nine. -' Vice Mayor Dawkins: We can come back and discuss it at - put it on the agenda. Commissioner Plummer: OK, fine with me. z Mayor Suarez: We have a... -f ®i �j Commissioner Alonso: It's coming back to us. -; Mayor Suarez: Yes, we have a first reading on that noise ordinance and we can complete minor modifications of it on second reading. Commissioner Alonso: OK. _ Mayor Suarez: We have a motion, do we not, Madam City Clerk. Ms. Hirai: Yes, Mr. Mayor. Mayor Suarez: What is the motion? Is it on ... ;a iris. Hirai: That no speakers are to begin before 6:00 o'clock a.m. in any City... Mayor Suarez: I think the intention of that was not before six, meaning at _= least up until 7:00 a.m. Commissioner Alonso: Seven, at least, ves. 24 May 24,1990 Vice Mayor Dawkins: Fight o'clock, Mayor Suarez: Or 8:00 o'clock. We want to try for 8.00, at least. OK. Moved and seconded as to that. I guess it's in the form of a resolution, but please build it into our consideration of festivals until we get back a complete ordinance from the committee that we've got for Coconut Grove. So moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: Wait, excuse me... Mr. Fernandez: Mr. Mayor, excuse me. Point of clarification. Mayor Suarez: Yes. Mr. Fernandez: Point of clarification. That will not modify the consent agenda item 36. Mayor Suarez: I don't think it affects it in any way. Mr. Fernandez: All right. Commissioner Plummer: Mr. Mayor, I once again, would plead with the people of the Goombay, they have some flexibility on their dates. Here again, this year, for the City sponsored event, which is the boat race on Marine Stadium, we're going head to head again. And I'm just saying that I don't have the flexibility because those dates are given in a sanction. I would hope for consideration only that in the future, that we could go on not the same weekend. So I hope that that can be considered in the future. Vice Mayor Dawkins: I will take that back to the Goombay Festival if the Budweiser people donate the same amount of money to the Goombay Festival that they donate to the boat race. Commissioner Plummer: Commissioner Dawkins, I think... - (Applause) i Mayor Suarez: Please, please. Commissioner Plummer: I think in this particular year, that you're getting a — lot more than what I'm... Vice Mayor Dawkins: I didn't say much more, I said as much as. Commissioner Plummer: You don't want them to cut it, do you? _ Mayor Suarez: All right. I don't think we ought to debate the respective merits of the two activities. I think I have a pretty good idea of which would win out. So, we do have a motion and a second on CA-36 itself? Ms. Hirai: We have a motion. Mayor Suarez: On CA-36? Vice Mayor Dawkins: Second. Ms. Hirai: Yes, yes, we have a motion. Mayor Suarez: OK, any discussion? If not, please call the roll. The following motion and resolution were introduced by Commissioner Alonso, who moved their adoption: =1 MOTION NO. 90-367 A MOTION DIRECTING THE ADMINISTRATION TO PROHIBIT USE e OF LOUDSPEAKERS BEFORE 8:00 A.M. DURING ALL CITY OF MIA.MI FESTIVALS AND SPECIAL EVENTS. =f` 25 May 24, 1990 RESOLUTION NO. 90-367.1 A RESOLUTION CONCERNING THE 1990 MIAMI/BAHAMAS GOOMBAY FESTIVAL TO BE HELD JUNE 1, 2 AND 3, 1990, 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; AUTHORIZING A TWO-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; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT BEYOND THE COSTS ALLOCATED BY RESOLUTION NO. 89-921, ADOPTED OCTOBER 12, 1989. (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the motion and resolution were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayel- Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 10. AMEND THE AMENDED AND RESTATED AGREEMENT WITH MIAMI MOTORSPORTS, INC. OF OCTOBER 16, 1985 (GRAND PRIX) - AUTHORIZE MANAGER TO ACCEPT ASSIGNMENT OF CERTAIN FEES (IMPACT) TO CERTAIN LENDING INSTITUTIONS TO BE NAMED BY MIAMI MOTORSPORTS, INC. Mayor Suarez: Item CA-37, clarification. Vice Mayor Dawkins. Commissioner Alonso: Yes, I think it was me. Vice Mayor Dawkins: No, I, no, I... no. No, not me. Commissioner Alonso: I have a question. Are we going to set a precedent in relation to the impact fee? Commissioner Plummer: Wait a minute, what? Mr. Odio: No, no, no, this has nothing to do with the impact fee or. development. Let me tell you what this is. We are committed by contract to pay Motorsports, Inc. an amount of monies in 1995 and '96. What they are asking us to advance this monies in 193, '94 and we said, yes, but at a discount. We had to give them - we had to pay them $200,000 so we told them, if you want us to give you the two hundred thousand in 193, it is not two hundred thousand, it is $163,000, discounted because we're bringing the money to present value. Commissioner Plummer: Let me try if I can. Mr. Odio: OK, I'm sorry, it's $164,000. Commissioner Plummer: Commissioner Alonso, this is not the impact fee that we know in relation to building and zoning. 26 May 24,1990 Commissioner Alonso: Which one is this? Commissioner Plummer: OR, there came a time in which the City asked the Grand Prix to move from one location to another. That created an impact and a cost factor for the Grand Prix in which the City says, if you will move, we will = pay the difference over a period. That is the impact created and that is the fee. That was established at $200,000 a year. They are asking that that be paid in '93 and 194 and I demanded that they give us a discount if they want the money early. This, in effect, will save the City both of the years around _ $40,000. Commissioner Alonso: OR, great. No problems. I move. Mayor Suarez: All right, as to CA-37 then, I'll entertain a motion. Commissioner Plummer: So moved. Mayor Suarez: Moved. 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. 90-368 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI MOTORSPORTS, INC., AS AMENDED, DATED OCTOBER 16, 1985, WHEREIN THE CITY AGREES TO PAY THE COMBINED IMPACT FEE AND OPTION EXERCISE FEE AT A DISCOUNT IN YEARS 1993 AND 1994 AND SHALL REMOVE THE CITY'S OBLIGATION TO PAY SAID FEES IN YEARS 1996 AND 1997; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT ASSIGNMENT OF SUCH FEES TO LENDING INSTITUTIONS TO BE NAMED BY THE MIAMI MOTORSPORTS, INC. (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. Commissioner. Plummer: Mr. Mayor, on 37, let me try to relieve some of the... we have had extreme conversation about the concern of everyone of the Commissioners sitting here about the traffic off of the port. We feel, with the Police Department, by one change in the course, and that is opening Biscayne Boulevard where traffic can go south which we can do very easily. That it is going to make a tremendous difference in the traffic coming off of the port. So I just wanted to report to you that everyone of you asked me about that, that we are attempting in this next item 38, which is the next event, to do that in which the traffic can go south off of the port. Vice Mayor Dawkins: If you don't, you lose my vote. Commissioner Plummer: Si, senor. 27 May 24,1990 11. 1.990 MOTORCYCLE GRAND PRIX OF MIAMI - AUTHORIZE STREET CLOSURES - ESTABLISH PEDESTRIAN MALL - RESTRICT PEDDLERS. Mayor Suarez: OK, as to item 38... Commissioner Plummer: Item 38, Mr. Mayor, is the first time in the history of motorcycle racing in a downtown event in which it will be done on the streets of a city. Motorcycle events traditionally have always been in a closed track oval. This will be covered by CBS and it will give exposure to this community — and I'm very happy to tell you that July 21 and 22, in my estimation, will be a positive event for this community. _ Mayor Suarez: Not having any motorcycles flying off into the bay, are we? Commissioner Alonso: I had some questions about the streets. I was given the answer, so I have no more problems with item CA 38. Mayor Suarez: OK, Commissioner Alonso is satisfied as to the layout. Vice Mayor Dawkins. Vice Mayor Dawkins: J.L., if a motor will have liability coverage to indemnify the City? Commissioner Plummer: Always, as called... it's the same contract that it will be for the Motorsports. Yes, sir. Vice Mayor Dawkins: OK, thank you. Commissioner Plummer: If I'm recalling correctly, it's five million of liability. Vice Mayor Dawkins: Five million? Commissioner Plummer: Yes, sir. Commissioner Alonso: Move. Commissioner De Yurre: You got a motion? Commissioner Plummer: If there's no further questions, I'll move it. Mayor Suarez: Do we have anything on the record on the amount of the policy or just nodding of the heads? Commissioner Plummer: No, it is five million dollars. Mayor Suarez: Per incident or per person? Mr. Odio: For the Grand Prix it's five million dollars. And the insurance department will determine what the amounts would be. But it will not exceed five million dollars. Commissioner Plummer: Of course. That's correct. Vice Mayor Dawkins: So, if five people get hurt and each one of them get five million and the insurance company takes care of the first five million and the City of Miami is stuck for the next ten million? Commissioner Plummer: No, no, no. We're not liable. We're a landlord. Vice Mayor. Dawkins: OK, all right, I can live with it. Commissioner Plummer: We're a landlord. If the liability goes to where the negligence occurs. Mayor Suarez: All right, it's five million per incident, we hope. And so stated into the record. We have a motion and a second on that. premise. Any discussion? If not, please call the roll. 28 May 24,1990 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-369 A RESOLUTION CONCERNING THE 1990 MOTORCYCLE GRAND PRIX OF MIAMI TO BE CONDUCTED BY MIAMI MOTORSPORTS, INC. ON JULY 21 AND 22, 1990, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND 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 EVENT; FURTHER PROVIDING THAT SUCH CLOSURES AND PROHIBITIONS SHALL BE APPLICABLE FOR SUBSEQUENT MOTORCYCLE GRAND PRIX EVENTS HELD THROUGH THE YEAR 2000; SUBJECT TO AND CONTINGENT UPON THE SPONSOR'S COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING ASSURANCES 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 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. 12. ESTABLISH CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY UNIVERSITY OF MIAMI - FOR SEASON HOME. FOOTBALL GAMES FOR TEN YEAR PERIOD. Mayor Suarez: Item CA-41. It was a question... Commissioner De Yurre: Yes, sir, Mr. Mayor, this... Mayor Suarez: Oh, Commissioner De Yurre. Is this the issue having to do with the provision of accommodations for officials, dignitaries, etc. Commissioner De Yurre: Well, there's a couple of issues, because there is an insurance issue also with this contract. Commissioner Plummer: OK, Mr. Mayor, on 41. Everything has been finalized with the University of Miami and we are in total. accord except one issue. Commissioner De Yurre: Two issues. Commissioner Plummer: Two issues. The other one I'll let you argue. Mr. Mayor, we have basically a contract with the University of Miami as follows. It is a ten year agreement with two five year options. The other agreement is in relation to parking and the fees that will be charged and the amount of parking they can assimilate for their use. The agreement also calls for the areas of what the monies will be collected in the users fee will be, in fact, used for improvements to the stadium. The other area that is not of concern, but I wanted to bring to this Commission is the area of the scoreboard. The University of Miami has an option which they fully intend to exercise in putting up a million dollar plus scoreboard witii the City's approval of the 29 May 24,1990 WN Amok Ago, board and in that, they will then make available to the City the revenge no less than $48,000 a year, no more than 15 percent, whichever is greater. Other than that, the issue remaining remains about insurance. It is something that, in my estimation, is really no big issue, but it has to be reduced to writing and understood fully by both parties, and that is to liability that could occur of an incident that happens within the bowl. I am taking a position that says, that if one of my employees or my facility in any way is negligent without question, we cover it. If their employees, they, the University of Miami, or one of their employees, cause a problem in which they're negligent, they're going to have to cover it. The area of concern is that both parties are self -insured, and they are both working that out. I personally do not feel that it is an insurmountable situation that cannot be resolved. So, what I'm asking here today is that this agreement be approved subject to that one segment in relation to insurance being ironed out and finally approved. Commissioner De Yurre has one other area that he wants to address. But I think that as far as I'm concerned, that's all I can tell you. I wish to bring up one other thing, if. I may, Mr. Mayor. As you are well aware, I am also dealing with the Orange Bowl Committee. I want to tell this Commission that we have proffered to the Orange Bowl Committee exactly the same kind and same numbers agreement that we have proffered to the University of Miami. I did not feel that it was fair that we would do something for one and not for the other, and as far as I'm concerned, that is the position that I have proffered in relation to this City that it is exactly the same. There are some differences in the Orange Bowl Committee's agreement based on, for example, number one, office space. They use part of the Orange Bowl as office space. Number two, they use City warehouses to build their floats. Number three, they use City streets for the New Year's Eve Parade. All of that is a different situation that does not involve the University of Miami. So, I'm saying to this Commission, that which we have offered to the Orange Bowl Committee is exactly the same as what we're asking you to approve here today for the University of Miami. Commissioner De Yurre: How does that differ from what's been offered to the Orange Bowl in prior years? Commissioner Plummer: How does it differ basically? With a surcharge. Commissioner De Yurre: Which is? Commissioner Plummer: Surcharge of basically $1.00 a seat. Commissioner De Yurre: What are you saying? -that they're not going to be paying us that now? Commissioner Plummer: No, the University has agreed to pay. Commissioner De Yurre: OK, so what my question is, how does it differentiate, if at all, what we're offering to the Orange Bowl Committee now as to what the prior deals we've had for example, last year? Commissioner Plummer: Basically, the surcharge. The surcharge... remember, both of the entities have been under a ten year contract. About three or four years ago, is when the City entered into charging a surcharge on all facilities in which an admission was charged. That now is in effect. In effect, this City Commission would have to waive that which they have not done. If, in fact, it would be to the contrary. The University of Miami has agreed that they will surtax one dollar per ticket for all of the events excluding the 7,200 students. They come in under a package program. All we're saying is, the Orange Bowl Committee cannot pay under NCCA rules a surcharge. They have talked and have somewhat agreed upon that there will be an increase in the rent. Commissioner De Yurre: Which is the same deal we had last year. Commissioner Plummer: No, sir, there was no surcharge. Commissioner De Yurre: They paid an additional seventy-five thousand in rent. Mayor Suarez: It was a payment in lieu of surcharge. There was a payment in lieu of .. . Commissioner Plummer: No, no, you're talking about, beer now. 30 May 24,1990 Mr. Odto: For the beer. They pay... Commissioner Plummer: For the beer. Commissioner De Yurre: No, no, no, no. They paid an additional amount to cover the dollar that we... because of NCAA rules... Mr. Odio: No, sir. Commissioner Plummer: No, sir, they did not. Mr. Odio: No, sir. They were on... Mayor Suarez: I thought they did. Commissioner De Yurre: Didn't they pay like two and a quarter? Mr. Odio: No, they... because the gate was higher. Commissioner Plummer: They were on the straight ten percent. Mr. Odio: But what we did is, when you waive the beer rights, they agreed to pay $75,000 extra. Commissioner Plummer: May I.... Mr. Odio: But it had nothing to do with this. Mayor Suarez: Seventy --five thousand dollars extra not related to that? Mr. Odio: Not related to the seat charge. They... Mayor Suarez: Well, we understood it that way. I understood it that way. Commissioner Plummer: No. May I bring cut one other point with the University of Miami, by the way. This City, in the past, has contributed $25,000 a year as a grant, that has been eliminated in this contract. If there are any further questions? Commissioner De Yurre: No.... first of all... Commissioner Plummer: Oh, I'm sorry, Commissioner De Yurre has a... Commissioner De Yurre: I have a problem with the concept of approving a contract and still an item not to be ironed out. Because what happens is theoretically and legally, and we can ask the City Attorney's office for an opinion., that if we strike a deal on everything except a particular point, then you don't have to agree on that particular point because you're already bound to everything else, and if somebody has... it's beneficial to them not to agree on a particular point and they're stuck, everything is stuck and everything else, and you've agreed to everything else, then all you have to do is not agree on that particular point and you've got what you want. And I don't think that is what the City's position should be. Commissioner Plummer: Commissioner De Yurre, my problem is a simple problem.... Commissioner De Yurre: I know what you're trying to do, trying to expedite this. Commissioner Plummer: ...a complex answer. Every time we go back and forth - this has been going on for six months - it's taken up untold amount of hours of my time which I've wanted to do. But they have to go back to a board of trustees. Then they have to come back to us, I have to go to the administration, to the insurance department, to everywhere else. I see nothing wrong with approving it without that one item. If that one item is not resolved, there is no contract. Commissioner De Yurre: Well, that's a point that we have to make clear, that Lhere is no contract until the points are resolved. 31 May 24,1990 Commissioner Plummer: Well, Steve Dangerfield is here. Where is he? Where is Steve? Steve, come to the microphone. You fully understand that the approval of this Commission today excluding that one item, has to be resolved to both satisfaction or there is no contract. You understand that? Mr. Steve Dangerfield: That's correct. Commissioner Plummer: Yes, OK. Commissioner De Yurre: Now, to the other point. This Commission requested that as part of the contract, that we obtain 20 seats in the press box or in a covered area. And I don't see that anywhere in this contract and I'd like to deal with that issue right now. Commissioner Plummer: Well, let me deal with that issue for you and tell you where it is and then you can argue the point. There are two uncovered areas outside of the press box upstairs which the City has presently been using for security. In part of the proposal of the users fee, those will be enclosed and be used for the Golden Canes or boosters. Those people presently are sitting in what is commonly referred to as the "City box." What the University's position has been in that matter is that the minute those two things are completed - which would be in next year's because we can't do it now, we're too close to football season - that as soon as those are completed, they would relinquish the twenty seats in the under press box known as the "City box." They're kind of hard-nosed about that so all I'm saying is, that's the position. They have agreed to give up the 20 seats once that other thing is completed. But they don't feel that they want to do that until the other two areas up there have been completed. That's the position, now you can argue about it. Mr. Dangerfield: Commissioner, if I can... Commissioner Plummer: Sir. Mr. Dangerfield: ...just correct you there. The enclosed area that you're talking about, the deck area, the operations booth... Commissioner Plummer: Right. Mr. Dangerfield: ...is what we are hoping to expand the press box and construct a new "City box" in that area. The present "City box" down below only accommodates 12 people. Commissioner Plummer: Well, it only accommodates twelve, but it's just a matter of moving a wall and it could accommodate 20 or 40 or 60 or 80. You have the whole area there. I'm not arguing the point, OK? I'm trying to give... Mr. Dangerfield: It's the University's position to accommodate the City with a "City box" and we want to do that through the construction and expansion of the present box in a location that we can both agree upon. Commissioner De Yurre: Well, the point is... Commissioner Plummer: All right. Commissioner De Yurre, the bottom line is, it would be a year off. That's the bottom line. Commissioner De Yurre: Who controls the construction? Mayor Suarez: That's what's strange to me. I mean, why is it the University's position, or why isn't the City's position to reserve for the City the use of some space at. the Orange Bowl for all activities? I don't understand it. Mr. Manager, are your not reserving some space for official City use? I mean, we are going to have a situation like we did a couple years ago when the nice folks from the Orange Bowl Committee insisted that. I attend the Orange Bowl game, and when I said I would be happy to go if they wanted me to fulfill some sort of function, they said and it will cost you $100.00, which I got a big kick out of, for a City facility. They wanted me to be there on behalf of the City, presumably they wanted the Commissioners to be there. They want possibly officials from other parts of the country to come, and we don't reserve, it is not in our control and domain to reserve a certain amount of space? - we have to rely on the tenant to be the one that carries this out? 32 May 24, 1990 Mr. Odio: The University gives us tickets for games... and now... Vice Mayor Dawkins: Yes. But you see, Mr. Manager... Mayor Suarez: That's wrong, that's the wrong approach. Vice Mayor Dawkins: Mr. Manager, what the Mayor is saying and I have to say, Mayor Washington from Chicago called the Mayor to attend the Orange Bowl game, and the Mayor had to run around all over town trying to find seats that would be representative of the Mayor's statute coming from Chicago, and we didn't have it. Mayor Suarez: It was worse than that, we stood up the entire game. Vice Mayor Dawkins: See. I mean, and then our facility, it don't make sense to me. Mr. Odio: Well, that's why the University... and we talked about... Commissioner De Yurre: Well, that's why, as soon as this contract goes into effect and it's contingent on the scoreboard from what I can read whether it's '90 or '91, as soon as that contract goes into effect, we need to have secured for us, a space of twenty seats for functions of that nature. That's simple. Mayor Suarez: It sounds like you have got the basic deal, the only concern here is that it be the City that controls that Mr. Manager, not the University, but the space be delineated as being under the control of the City to decide what is done there, who goes there, with what identification, with what tickets, just like we do with the other offices that are in the Orange Bowl. Commissioner Plummer: You are saying, for all events? Commissioner De Yurre: For all events, and it should be included here. Mayor Suarez: It seems to me to make sense for all, events, but on this issue, it's basically... Commissioner Plummer: Well, that's no different Mr. Mayor, and I don't have any great disagreement... than the Miami arena. The City has a box there. Commissioner De Yurre. That's right, it's the same thing. Mayor Suarez: Well I don't like the way we did it there with you know, payments back and fourth and all that, the box is about as far as you could possibly get. Might as well watch it on television. Commissioner Plummer: Well, but the same concept. Commissioner De Yurre: It's the same concept and that's basically where we stand, at least where I stand. Mayor Suarez: It sounds to me like the same concept, it just should be clearly specified and under the City's control, not under the University's control. And that doesn't sound to me like an insurmountable obstacle. By the way, I might disagree with Commissioner De Yurre in one sense and that is, I would not want this to keep us from having an agreement. I think it is important that we have our principal tenant signed up, and would be a great loss to lose him because we have a facility that is costly and that it's paid for and... Vice Mayor Dawkins: What is the agreement on the parking? Mayor Suarez: ... plus, it allows us to be in a better position to deal with the Orange Bowl Committee. Vice Mayor Dawkins. Vice Mayor Dawkins: What is the agreement on the parking, Commissioner Plummer? Commissioner Plummer: The agreement, is that they presently have control over fourteen hundred and seventy-seven spaces. They will assimilate immediately, two thousand or twenty-five hundred. 33 May 24, 1990 Mr. Steve Dangerfi.eld: That would be for the 1991 season. Commissioner Plummer: Nineteen ninety-one of course. And after... Vice Mayor Dawkins: OK. All right. I will vote against this agreement because I have said from day one, I do not intend to sit here and let the City of Miami lock out all the residents in the City of Miami who want to attend the game, because they are not a seasoned ticket holder of the University of Miami. I will be voting against the agreement. Commissioner Plummer: Well, OK. I respect your right to have your opinion. Let me only though, state for the record Commissioner, that they will immediately take over twenty-five hundred of the forty-four hundred that we have. After that, they would assimilate twenty percent per year until such time as they have got whatever they want because there is one area of a thousand that they don't even want. So, I am just putting on the record that, that was the agreement. Vice Mayor Dawkins: So, if they don't want it, I don't want my citizens in the City of Miami to park in it either. Commissioner Plummer: Well, they park all day there. Let me tell you, it's the old Municipal Justice building... Vice Mayor Dawkins: OK, OK. No problem. Commissioner Plummer: ... So. There is also a provision Commissioner in this for an increase in the parking fee, which will be paid directly to us by the University of Miami. Mr. Dangerfield: If I could help clarify the parking situation. There are thirty-four hundred... Mayor Suarez: Well, I think the Commissioner, the Vice Mayor has stated his position unless he wants a clarification. We have other items, we have people here waiting on other items. I'll tell you, for my vote Commissioner Plummer, all I would require, and hopefully there would a consensus or majority at least, if not a consensus, is simply to instruct the Manager to try once again to work out, and yourself, the issue of the City space that is needed at your discretion. And the other issue that was mentioned is the prior one on insurance as to the proper coverage and the proper agreements; and hold harmless going back between the City and the University of Miami, also leaving that for final determination and modification and working out, I would be ready to vote on this agreement. Commissioner De Yurre: Let me ask this question on the parking, because what Miller is expressing I think it's an area of concern for all of us, it should be anyway. Is there any type of provision wherein the present holders of parking tickets or permits can be secured? I'm not worried about future people that want to get parking on the Orange Bowl, but what about those that for years have had it. Isn't there some kind of protection for them so that they could continue to...? Mayor Suarez: Have you made provision for that Steve? Commissioner Plummer: No. There is no guarantee. The only thing that I was adamant and wrote in, that the parking given to the University of Miami, would be from all of the lots. They would not be able to get which for example, S2 is the lot which is the most popular because it is the closest. They would get a percentage out of each lot we have, excluding the Municipal Justice building. We are experiencing two, three, four hundred a year of people who do not renew. OK? Now, but there was no -to answer your question direct - there was no provision to guarantee those people who have been there, would in fact, have that particular location. Commissioner De Yurre: That you know... and what is about four hundred, what percentage is that of the total? Commissioner Plummer: About four, about ten percent of the people do not renew every year. Lei 34 May 24, 1990 Commissioner De Yurre: And they ire r.egttesti.ng... they are going to be getting twenty percent annually. Commissioner Plummer: Twenty percent of the remaining, of the remaining. Now that's not the total. Commissioner De Yurre: No, I know that. So, the thing is, I would like to see something there that can protect those who want to renew, and that have been doing it for years and years and all of a sudden they are going to be left out in the cold. Commissioner Plummer: I fully understand, but there was no way to protect everybody. Commissioner De Yurre: Who is being protected now? Commissioner Plummer: Well, the fourteen hundred and seventy seven spaces they presently have are protected to them. Commissioner De Yurre: To them. Commissioner Plummer: OK? And what they are trying to do, and I don't think there is any secret about it, what they are trying to do, is to somewhat sell season tickets predicated on, that if you get a season ticket, you have the availability of getting a parking space. Mayor Suarez: You are trying to increase the season ticket sales? Is that the... Commissioner Plummer: Of course. Mayor Suarez: ... by being your own... Commissioner Plummer: By the way, just for your information, it is projected that last year they had a fifty-one thousand season, average season ticket holders, this year it is projected at fifty-seven. Mr. Dangerfield: That's correct. Mayor Suarez: All those letters that we get from the people who used to have the rights to park there, please refer them over to Steve and the University of Miami. You guys can answer them all as far as I am concerned. We have nothing to do with it from what you are saying, Commissioner. The University is handling it. Commissioner Plummer: That's correct, sir. Mayor Suarez: And I hope they answer all those letters, because I am tired of receiving them. Commissioner Plummer: Well they can also apply to the University for one of those spaces. Mayor Suarez: Yes, and direct them to Ted Foote, care of University of Miami, Coral Gables, Florida. Or Steve, I don't want to pronounce the last name. All right? Commissioner De Yurre: Well, then we've got... where do we... Mayor Suarez: Doesn't sound like it, something that is negotiable. Commissioner De Yurre: Let me hear from the City Attorney. Where do we stand legally as far as how far we can go based on their being two or three issues up in the air still? Mayor Suarez: Madam City Attorney, so we get this out of the way. Ms. Vicky Leiva: I think you can approve the contract subject to those conditions being worked out, and the City Manager will not sign and execute that contract until such time as those sections are added to everyone's agreement. 35 May 24, 1990 C Mayor Suarf�7- Cr added, or refined, or worked out. the wording. Ms. Leiva: Correct. = Commissioner Plummer: Fine. I have no problem, but let us delineate the two areas. The one area of course is the insurance and the second area is the City box. Is that correct? Ms. Leiva: And the only... - Commissioner Plummer: That's what you want me to go back, and to finalize? Mayor Suarez: And I understand it may take twelve months before that space is -' available, you know there are some practical constraints, but so that we don't _ lose control of it, Commissioner Alonso? Commissioner Alonso: No, no. It was fine. I agree with it. Ms. Leiva: Point of clarification, do you wish those items to come back to you for approval? Or are you going to... -- Commissioner Plummer: Very definitely. Commissioner De Yurre: Yes. _ Ms. Leiva: OK. At the June 7th? - is that going to be the deadline? Commissioner Plummer: Very definitely. I want this thing finished and completed. I'm tired. Mayor. Suarez: I thought we were approving it subject to that and leaving the rest to the discretion of the Manager to work out, Commissioner. Commissioner Plummer: Well, if you want to do that, that's fine with me. Mayor Suarez: I'm ready to vote on that basis, otherwise we will have the Orange Bowl agreement as an issue here for the next... Commissioner Plummer: OK. I'll move subject to the Manager's approval of the two outstanding items, the contract with the University of Miami. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Commissioner De Yurre: And to be brought back before the Co:cunission? Mayor Suarez: No. Commissioner Plummer: No. According to the Mayor, it would just go to the Manager. I will so inform all of you, OK? Whatever that negotiation is. Commissioner De Yurre: Well, I would like it brought back for those two points. Mayor Suarez: Well, how about this compromise? If any of the Commissioners have vehement objections, we can always... Commissioner Plummer: OK. Let me offer this. Whatever we negotiate out as a final form, I will send to you. If any Commissioner raises objection about the final form then we will force it before a public hearing. Commissioner De Yurre: OK. Mayor Suarez: All right. Vice Mayor Dawkins: Under discussion. I am not anti the contract, but I said from day one, when we told Commissioner Plummer to negotiate a deal with the University of Miami, that I would not vote for giving up all of the parking, and they have worked out an agreement. where annually, so much would be given 36 May 24, 1990 _c AML ak=ay until we have nothing left, so because that parking stipt_ilation is, in =- there, 1 would be voting against the agreement only because of the parking. I know that we stand a chance of losing the Orange Bowl and everybody else to Joe Robbie stadium, but I don't think I can be held hostage because of fear of something else happening. Mayor Suarez: OK. So moved and second. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-370 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR THE USE OF' THE ORANGE BOWL STADIUM BY THE UNIVERSITY OF MIAMI FOR SEASON HOME FOOTBALL GAMES FOR A TEN YEAR PERIOD, WITH THE OPTION ON THE PART OF THE UNIVERSITY TO EXTEND SAID TERM FOR TWO ADDITIONAL FIVE-YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE UNIVERSITY FOR THIS PURPOSE; SUBJECT TO THE SUCCESSFUL RESOLUTION BY THE CITY MANAGER AND THE UNIVERSITY OF THE TWO REMAINING ISSUES CONCERNING LIABILITY INSURANCE AND CITY PRESS BOX SEATING WITH INFORMAL REVIEW AND APPROVAL BY INDIVIDUAL MEMBERS OF THE CITY COMMISSION OF THE SOLUTIONS TO THOSE ISSUES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins ABSENT: None. Commissioner Plummer: Thank God. 13. APPROVE MIAMI SPORTS AND EXHIBITION AUTHORITY'S STAGING OF THE 1990 BUDWEISER HYDROPLANE REGATTA. --------- ---------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, may 1 bring up something that... very briefly? A resolution... I thought it was done. Mayor Suarez: How about if out of courtesy to... Commissioner Alonso: No. Fine. Let him go, and then I'll... Vice Mayor Dawkins: Yes. Let's hold that until after lunch. Commissioner Plummer: A resolution approving the expenditure by the Miami Sports and Exhibition Authority of ten thousand to assist in the staging of the 1990 Budweiser Hydroplane Regatta, I so move. Vice Mayor Dawkins: No, no. Commissioner De Yurre: Second. Mayor Suarez: Moved and seconded. r ;l 37 May 24, 1990 11 Vice Mayor Dawkins: You know, this is... look, we giving money away to the Regatta, Every time I look, lie got a resolution. Under disc1-ission. Every time T J.L. Plummer and the Regatta. Commissioner De Yurre: It says, J.L. Plummer Regatta. Vice Mayor Dawkins: That's what it is. Commissioner Plummer: We are inviting Commissioner Dawkins to be the starting and finish buoy this year. Vice Mayor Dawkins: Call the roll. Mayor Suarez: Tie him down to the ocean floor. Mayor Suarez: Call the roll on the item. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-371 A RESOLUTION APPROVING THE EXPENDITURE BY THE MIAMI SPORTS AND EXHIBITION AUTHORITY OF $10,000 TO ASSIST IN THE STAGING OF THE 1990 BUDWEISER HYDROPLANE REGATTA. (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. 14. (A) CHANGE DATE OF FIRST CITY COMMISSION MEETING IN JUNE TO NOW TAKE PLACE ON JUNE 7TH - BEGINNING AT 9:00 A.M. (B) SCHEDULE ISSUE OF PROPOSED CITY EMPLOYEE LAYOFFS FOR DISCUSSION AT MEETING PRESENTLY SCHEDULED FOR JUNE 7TH - AT 6:00 P.M. - DIRECT MANAGER NOT TO PROCEED WITH PROPOSED LAYOFFS UNTIL CITY COMMISSION CONSIDERS THE ISSUE ON JUNE 7TH. Mayor Suarez: Commissioner Alonso you had another item? Commissioner Alonso: Yes. I have an emergency item, something that I think is of great importance to the City of Miami. I sent a memo explaining the City of Miami employees' salaries, job security, and matters related to the budget. And I think it's of great importance when we hear that we might be losing employees, that we are going to hand out layoffs, and I am very very concerned. You all know my position, I am fiscally responsible, I like to protect the taxpayers of the City of Miami, we know we are living in very difficult times in the City of Miami, and that we have to be very concerned with the plans we make for the budget. Therefore, I have a proposal that I like to discuss today and that hopefully, we can instruct the City Manager to follow these steps in order to save people losing their jobs, guaranteeing the people that are working now for the City, and it's in reference to salaries. I would like to impose a freeze in all salaries over $55,000 for a period of two years; that after one year we come back and we examine the situation again. I also would like to suggest that we have a salary reduction of all salaries above $60,000, a five percent cut. I think the City Manager perhaps 38 May 24, 1990 .16 can clarify my concern, that. we are going to be losing an amount of people who are working for the City of Miami at the present time. I have heard numbers, it hasn't been confirmed. 1 have studied very carefully the list provided to me by the City Manager concerning the salaries of people making $55,000 and over. I also studied very carefully, the departmental budget reduction that the City Manager suggested to us with cuts, different cuts, and in all of them, I see that we are going to be losing employees. I would rather ask the people who are making $60,000 and over to cut their salaries a little bit in order to protect the little people. This is something I have been saying for years, it is not something new that comes to my mind, it is a concern of mine through the years that we have to protect the little guy and we have to ask the people who make over $60,000 to make some little sacrifice in order to have job security for them and for the rest of the people in the City of Miami. I also would like to suggest a cut of five percent in the Commissioners' office and the Mayor's so that they don't say that we don't follow the same rules. I also would like to establish a committee that could study the possibility of early retirement. I would like this committee to be formed by people who are members of the Civil Service Board, so that they understand the rules that exist in reference to Civil Service, and I would like to hear the opinion of my colleagues, and the position of the City Manager in my request, but I think we are living in difficult times and unless we go to the citizens and say we are going to increase taxes, we are going to increase users fee, we are going to increase more licences, we are going to ask you to pay much more, we have to think of ways by which we can save money in the City of Miami in order to protect the same employees that might not have a job in the future if we don't take serious steps, and I'd like to see the feelings of this Commission as well as the City Manager in my proposal. Commissioner Plummer: Let's hear from the Manager first. Mayor Suarez: Mr. Manager. Mr. Cesar Odio: Fine. The problem that we have is for next year's budget. As I prepared the next year's budget, we had to make up about sixteen million dollars. And as I take one item at a time that you proposed, the salary freeze, with the FOP which your contract is here already, have graciously agreed to a zero percent increase in their contract for next year. That means that AFSCME and fire will have to follow because that will be our position that all three unions will go with zero percent increase. That in itself will represent about six million dollar savings. On the issue of salary freezes... Mayor Suarez: When you say zero percent increase in relation to the Commissioners'... Mr. Odio: On the cost of living. Mayor Suarez: OK. In relation to the Commissioners' proposed resolution or motion, are you stating categorically that under that proposed agreement with _ the police department, no one would have a .salary increase unless a position _ became vacant and a new job title was obtained, or are there some situations where people get automatic increases beyond fifty five thousand? Mr. Odio: I said cost of living increase. Mayor Suarez: That's what I want to clarify. What other scenarios are there responsive to her concern which happens to be my concern and that of a lot of US. Mr. Odio: That contract does not address, or it keeps intact the step increases which is five percent a year, until their steps run out in their particular classification. Mayor Suarez: Step increases meaning in effect through seniority?... Mr. Odio: That's correct. Mayor Suarez: Or employees that are in Civil Service? Mr. Odio: That's correct. Mavor Suarez: OK. Would you have any problem with that resolution as to all unclassified employees? 39 May 24, 1990 r= Mr. Odio: I need to address one at a time because I... Mayor Suarez: All right. Well, let's stay on unclassified then_. Air. Odio: The unclassified people are already frozen, from zero percent increase. I want to place this on the record, because we keep hearing about -- unclassified and they are not protected under any contract. They work at the will of the Manager.. Those people have received in the last five years, a fourteen percent increase while the unions were receiving a thirty one percent increase. Mayor Suarez: Well, the unions dispute that but... Mr. Odio: Well, it's simple mathematics. Mayor Suarez: ... at this particular point, Mr. Manager, at this particular point we are looking prospectively. The Commissioner is talking prospectively, so we don't argue what has happened in the last three or four years. The unions dispute your figures. Mr. Odio: Well, I need to... Next year, they are frozen. All unclassifieds are frozen. If you cut their salaries... Mayor Suarez: And the only way around that for unclassifieds is by having new job descriptions etc. Mr. Odio: No... on the unclassifieds that are working at my will, which is ninety-seven people, they are frozen and... as they were two years ago, and the year before that one. Mayor Suarez: On unclassified, managerial and executive? Mr. Odio: That's correct. They are frozen. Mayor Suarez: Ninety-seven? Mr. Odio: There are ninety-seven people that work... that are under my control and not under contractual obligations... through the unions. Mayor Suarez: Do we have management executives and/or classified that are under contract through the unions? Mr. Odio: Yes, we have people that are under contract up to the rank of Chief in the case of Fire, to the rank of Captain in the case of Police Department that are under contractual obligations. Therefore, you cannot arbitrarily cut over fifty thousand. It would have to be negotiated in their contracts. Now the savings of the five per... we were looking at a sixty million dollar problem which can be resolved and the savings of five percent cut of salaries represents about $300,000. What I am saying Commissioner... Commissioner Alonso: Why do you say that? Mr. Odio: Because that's what it means. Commissioner Alonso: When I look at the numbers by the... when I requested the list of the employees, the numbers show that it's much more higher than that. Mr. Odio: Because you have Captains, you have Lieutenants, you have Chiefs, you have people that are under contractual obligations, that we are under contractual obligations, that you have to pay them and you cannot cut their salaries. Commissioner Alonso: Well, can we negotiate in their contracts that they don't receive any increases and that they also follow the same rule as the rest of the people...? Mr. Odio: Oh, sure. Commissioner Alonso: We can get them to agree to a five percent. It is better to me to have job security than to be risking, even layoff two hundred 40 May 24, 1990 and twenty people in the City of. Miami. To me it's better to give protection to the guy who makes sixteen thousand, twenty thousand, twenty-five, than to continue increasing the salaries of the people who make over sixty thousand dollars. In effect, we are telling the people who are making over $60,000 also we are giving to you job security, because we are going to have the City in a more stable position and we will just send in a very strong message to the community, we are committed to the City of Miami to the extent that we are protecting the finances of the City. And I think that at the times we are living, this is very much needed, unless, we can get something magical form outside and we get extra funds to come in the City of Miami, and I don't perceive that to happen in the very near future. Commissioner Plummer: That magic is over. Mr. Odio: That's why I... Commissioner Plummer: Let me ask a question if I may Mr. Manager? In her proposal, as I understand it, what would that savings in effect for a year amount to? Mr. Odio: What, the cut of salaries? Commissioner Plummer: The cut of the sixty thousand and above cut five percent. Mr. Odio: That I have control over. Because you cannot cut the other. unions. Commissioner Plummer: No, no. I am talking about, as I understand it, the unclassified positions. Mr. Odio: That's ninety-seven people, the saving is $300,000. Commissioner Alonso: Yes, but I am also saying, why can't we negotiate with the unions so that we can make it all across the board. Mr. Odio: You may. Then you know, when you don't reach an agreement in the unions, you go through a simple process of arbitration and we could be in arbitration forever, because they would not accept that clause. Commissioner Alonso: Yes. But I am sure that they are very reasonable people who understand that we are living in difficult times and that job security means much more. Commissioner Plummer: You've never negotiated with the unions! Mayor Suarez: Let me try one. Let me try... Mr. Charlie Cox, would you come up to the mike for a second, sir? There are fifteen hundred people... Commissioner Alonso: This is one of the reasonable people, I am sure! Mayor Suarez: Right. Mr. Charlie Cox: Don't bet on it! Mayor Suarez: And his union accepted a twenty five percent reduction for all new employees which none other has accepted. Mr. Cox: But you have got to understand something too. Mayor Suarez: Wait, wait, but, Charlie, before you get on the bandwagon here. You said there were... you told me there were fifteen hundred people potentially eligible to be in your union but there is only nine hundred and some because all the rest are either unclassified... Mr. Cox: A thousand sixty. Mayor Suarez: OK, a thousand sixty. So it's like five hundred who are either unclassified, managerial or executive. Mr. Cox.: Correct. 41 May 24, 1990 Mayor Suarez: Now, if we pass a resolution as proposed by Commissioner Alonso, is there anyone making presently over, I believe $55,000 would have a wage freeze, would that affect any of those five hundred that would theoretically be, but are not members of your. union? Mr. Cox: You know... Mayor Suarez: Because the Manager is saying that we have to go and negotiate with the union, you are telling us that those people are not part of the union, they are unclassified. Mr. Cox: But the problem we have got, is we've already agreed to sit down at the table. And I have made an agreement that we are not going to make these negotiations public. And I mean, if we want to negotiate a contract. in front of this Commission., I'm more than willing to do that. Mayor Suarez: No, I understand. OK. But that... I don't mean to do that, I don't mean to force you to negotiate publicly. I just want to know, of those five hundred people that you say are not part of your union, how are they affected by your contract negotiations? You told us they are not part of the union. Mr. Cox: But that's part of our negotiations... Mayor Suarez: But you negotiate for them. Mr. Cox: I'm sitting here and telling you that I am going to negotiate to get them back in mine. Mayor Suarez: All right. You want them back in. But as of now, if they were not part of your union, -would they be affected in any way by your... last year, let's say, the existing contract, were they affected in any way, those five hundred people? Mr. Cox: No. I can't do anything for them. Mayor Suarez: I don't see, Mr. Manager, why then as to those five hundred people. You are saying ninety-two, he is saying five hundred just of general employees, non -uniformed... Mr. Odio: Those five hundred don't make $50,000. We are talking about people who make $50,000. Mr. Cox: I only have eighteen people on my union... in my union that make $50,000, eighteen. Mayor Suarez: Right. Besides that, he has very few, but there are five hundred he claims who would otherwise be part of the general employees union, who are managerial, unclassified or executive that would not be affected by his contract and the Commissioner is saying, as to those... Mr. Cox: I have managerial confidential... Mr. Odio: Fine. I have no... those people don't make over $50,000. Mayor Suarez: Oh yes, they do. Mr. Cox: But, the problem is, we have a lot of. Secretary I, a lot of Secretary Il, that are managerial confidential. They may make $23,000 a year. Mayor Suarez: Yes. That's another problem. I don't know why those are not included in your union. Mr. Cox: I mean, we have a lot of people that are managerial confidential that don't come close to fifty thousand. ti Mayor Suarez: All right. So we have determined that as to... All right, k thank you, Mr. Cox. As to anyone that is not in the union this does not... is not affected in any way, this resolution by union negotiation, logically. �t =? Mr. Odio: I've said that. I have no problem... r 42 May 24, 1990 �i Mayor Suarez: All right. Let's try for the union then. Mr. Odio: ... except that I'll tell you that the savings I feel... Commissioner Plummer: Well, you know, are we playing sleight of hand? You know... Mr. Odio: Yes. - Commissioner Plummer: You know, there are several things that are not being said here. You know, there is no magical rabbit. We know that we have a damn serious problem that we are faced with in the Gates settlement alone, and I don't think anybody sitting here has any hope or... the desire yes, but the hope that there are not going to be layoffs. There has got to be. When 90.2 percent of your budget is employees, and you have got to cut somewhere in the - neighborhood of $6,000,000 part of that has got to be employees, as much as it hurts. Now, we are talking about in the Police settlement contract. There is no increase in raises, but there is a bonus. That bonus amounts to how much = Mr. Manager? Mr. Odio: Additional five hundred and some thousand... Commissioner Plummer: OK. Mr. Odio: ... which is not compounded and is not in debate. Commissioner Plummer: Mr. Manager, I've dealt with that longer than you have, OK? The bottom line is dollars, whether they go here or there. Mr, Odio: The bottom line, Commissioner, is we save $2,000,000 a year, with that contract alone. Commissioner Flummer: Mr. Manager, that's two million in the future, and I am not arguing the point. But don't come before the Commission and make a statement that they are not getting additional monies, OK? You are saying that they didn't get any increase. Mr. Odio: I said they didn't get any cost of living increase. Commissioner Plummer.: Fine. But they are getting approximately half a million dollars more, in dollars... Mr. Odio: Yes. And they are also getting insurance money. Commissioner Plummer: whether it's in increase, it's a half a million dollars. Mr. Odio: They are also getting health insurance. Commissioner Plummer: OK. Now, the point that I am making, I have, and in concurrence with Commissioner Alonso, but what I am saying is, please, the message that you send out here today is not going to be guaranteed that there is not going to be layoffs. I don't know any way that you are going to avoid them, I don't know of any way. When you've got to cut a budget six to ten million dollars to just the Gates suit alone, and ninety percent of your budget is employees... Mr. Odic: Maybe, I should give you an example. Commissioner Plummer: I don't know how you going to do it, so. Mr. Odio: If I may give an example. Commissioner Alonso: May I just add a comment? Excuse me, Mr. Manager. Just adding to the point that Commissioner Plummer said. Yes, if we have to let people go, at least let's do it after we have tried... Commissioner Plummer: Oh, I abree with that. Commissioner Alonso: ... every possible way. What I cannot justify is salary increases at the same time that we are letting people go, I just can't. 43 May 24, 1990 Mr. Odio: Like I said, I agree. Mayor Suarez: I think the general feeling, because I am hearing from the rest of the Commission, Mr. Manager, that this item should, in fairness to Commissioner Alonso, be scheduled for a hearing on its own. I think the general intention of the motion is to minimize, to lower almost to zero, if at all, possible, any layoffs. And instead to work on the people making over $55,000 To the extent that they are unclassified, do it by a simple resolution. To the extent that are in a union negotiations, we have to take them one by one, I have a special feeling personally as to the Police Department but some of the other departments, we ought to be looking at. General employees, apparently, there is hardly anybody that makes over fifty- five. Mr. Odio: I need to be very... I'm sorry, I'm sorry. Mayor Suarez: Mr. Manager, if I may f inish so that we can try to give the consensus and move on with Commissioner Alonso's indulgence to the next item and have for a full Commission presentation, this item. I think it's very important, I think it strikes at the heart of the budget that you are going to be preparing in the next few months, and I hope that it is built in as at least a resolution of intent and apply to all union negotiations too, so that we can to the extent possible build it into those negotiations. I think everybody knows how I feel about the hundred and twenty firefighters that are making over $50,000. That's another example, that's another union that we have to separately deal with. And I hope that the Commissioner's motion is directed at those too because it doesn't make any sense to be laying off low paid employees in favor of retaining a hundred and twenty, in that particular department, over $50,000 and in other departments maybe not quite as bad but also quite a few, so... Commissioner Alonso: Yes, I think it... Mayor Suarez: ... if that's the intent of the motion, unless you'd would like just make it as a statement of principle maybe, we just ought to have a full hearing on it, Commissioner... Commissioner Alonso: No, definitely. I want that we address this problem, that we find solutions to it, and I think we have seen stories of other big companies in Dade County that did not address job security. I think it's better to take steps even though are painful, I know that no one likes to cut his or her salary five percent, I like to tell every one, you'd have a salary increase every year, if the situation were different. But as the situation we are facing today, it's better to take this step than to let people go. And at least, I want to send the message that we have tried everything in our hands to avoid letting people off, until we have tried to address the problem sixty thousand and over. Mr. Odio: But, Mr. Mayor, I need to do this... Mayor Suarez: OK. We are just going to schedule it for full consideration, Mr. Manager. You'll have an opportunity, if you want to make a statement, please, go ahead. Mr. Odio: Yes. I am in the process now of eliminating positions. The letters are going out. I have to do it or I will not have a balanced budget this year, or you won't have a balanced budget this year. The five percent salary cut, like I said, is $300,000. 1 have a ten million dollar problem that I have to address, I am responsible for the finances and I cannot wait to take action to a full hearing of any kind. Mayor Suarez: But those layoffs would not be implemented until the next fiscal year, would they? Mr. Odic: No, they are now. Mayor Suarez. In this fiscal year? Mr. Odio: They are happening now. For instance, we are addressing $300,000 in savings in salaries cut, but I... Commissioner Plummer: No, they have got to. 44 May 24, 1990 Mayor Suarez: Well, one alternative, if the Commissioner feels strongly enough about this, is to have Special Session, but I'll... you know, before those layoffs are implemented. Commissioner De Yurre: Since we are talking about a fiscal issue, one of the items I had on the agenda, had to do with the Gates case, and I just wanted to mention the fact that Mano in the Budget Department and I are working closely on coming up with a possible solution to dealing with the Gates case, and they will entail working with the unions and during the next four weeks, I plan to have a proposal to be brought in unison with the Budget Department that may mean a savings, it may mean a solution to the Gates problem without layoffs or anything along those lines. So, I just wanted to report that and we will continue working on that issue. Commissioner Alonso: Yes, but this is not contrary to your position at all, it has nothing to do with it, so we can proceed... Mayor Suarez: No, no. But since we're are talking... when the Gates case was mentioned... Commissioner Alonso: Exactly. We can proceed with... Mayor Suarez: Superficially, Commissioner De Yurre, how much of a savings would it require up front in the first few years? Just so that we have an idea, what other kinds of savings are going to be required? Commissioner De Yurre: Well, what we are looking at, is basically a formula wherein there wouldn't be, we would save on the cost of living increases and things of that nature, and we are looking at the exact amount that will be needed. Mayor Suarez: OK. You don't have that amount yet? Commissioner. De Yurre: No. Which are, I looked at a figure of six million, but that's way too much because at the end of the Gates case we ended up with a hundred and sixteen million dollars in each, so... Mayor Suarez: You end up with a surplus. All right, Commissioners, all of this should be probably either scheduled for the very first item as suggested by the Vice Mayor at the next meeting, or a Special Session. What is you pleasure? Commissioner Plummer: Well, the layoffs... Commissioner Alonso: Have a Special Session. Vice Mayor Dawkins: Mr... OK. Commissioner De Yurre: The next meeting. Commissioner Plummer: The layoffs, you've done, is that correct? Mr. Odio: Yes, sir. They have. Vice Mayor Dawkins: Mr. Mayor, you know, I have a problem. Mayor Suarez: Mr. Vice Mayor. Vice Mayor Dawkins: And Mr. Manager, I am going to pull the minutes, as I referred to you each time ,you told me that you were not going to raise the millage, and you were dropping the millage, that we would never have a problem and that you could provide the same level of service without any additional inoney. Now, we come now, which I knew we were coming to, that we couldn't do it. See, how can you... Mr. Odio: Oh yes, we can. Vice Mayor Dawkins: Well, why are you laying people off if you can do it? Mr. Odio: The people that I have eliminated positions, are people that are not critical to services of the City of Miami. 45 May 24, 1990 11 Vice Mayor Dawkins: No. See, we did not discuss critical services. Mr. Odio: We are maintaining the same level of service as we had. Vice Mayor Dawkins: You are not, you are not. If you are laying off... Mr. Odio: Yes. Vice Mayor Dawkins: OK. No problem, we'll discuss that at the next meeting. Mr. Odio: Yes, sir. Vice Mayor Dawkins: But, I want you and all of us up here to understand, that when you talk in terms of asking the Firemen, the Police and the Sanitation people, and .including the $50,000 a year people in the Recreation, and you ask them to take a five percent decrease each year, that decreases their pension rights and nobody is going to work who is eligible to retire at this rate. They are not going to stay here and work five years more and lose five percent of their pension... Mr. Odio: That's right. Vice Mayor Dawkins: ... And then stay five more years and use five more. You're going to have a hell of a turn over and you are not going to be able to replace them. Mr. Odio: You are right. I want to point out, on my top staff. Most people, all of them are doubling up. So what I would have to do as I cut their salaries, is to hire a Director to help them out and that will add to the cost, because I cannot ask people to double up or triple up, in some cases, where you have an Assistant City Manager that is Director of two departments, that used to be two, you had two Directors there, the total savings and elimination of those two Directors plus their Assistants and whatever, is $300,000 a year alone. And I am asking that man to take over all those duties and then now on top of that, they haven't received a raise and then cut their salary, I just don't agree with that. Mayor Suarez: Mr. Manager, I... Commissioner Alonso: Mr. City Manager, excuse me, Mr. Mayor. Why can't... they are very dedicated people, I have had the opportunity to work with them and I can attest for that, and I have high respect for them. But why can't we ask them, at a time that is so difficult for the City of Miami, that they try to work with the rest of the people to provide job security for themselves and for the rest of the employees in the City of Miami, as well as to respect to the citizens of the entire City. Why can't they have five percent cut when we are living in difficult times? It's not like if we are asking them, this is going to be on a permanent basis. Remember that many of these people, Mr. City Manager, are making eighty, ninety. It's not that they are making twenty-five or fifteen, or twenty, and they are struggling to survive. We are talking about people who are making good money. Mr. Odio: Well, it's a question of philosophy. You are paying somebody ninety thousand that is doing the job of two people, I think that's a great savings there. I have an Assistant City Manager that is now taking over Planning Building and Zoning. The Planning Director used to make seventy-five thousand, the Building and Zoning Director used to make seventy-five thousand, you add that, plus the secretaries, you are saving $300,000. I give him all. of that extra duty, and then to ask him on top of that, your reward is to cut your salary by $4,500 a year, I don't think that a professional should do that. Commissioner Alonso: Mr... I'm sorry. Mayor Suarez: Mr. Manager. With all due respect... if I may, Commissioner... doubling up when you have over five hundred classifications, I mean, you can =` create as many classifications as you want, and say now you must hold two of them, at that level. Doubling up to me means being a Solid Waste employee who has to take twice as many cans or being a Police Officer who has to get shot =w at twice as much and be in two different areas at the same time; or being a Fire Department employee who has to go out to twice as many calls, that's eF -:'! 46 May 24, 1990 doubling up. The rest of it, I respect that in some cases you have, in fact, asked people to wear more than one hat of existing duties that were performed in the past by more than one person. In some cases, just a lot of classifications, I counted over five hundred. I mean, pretty soon we'll have more classifications than employees. And by definition, by mathematical requirement they are going to have to double up because we are going to have more classification than people working. So, I respect the way that you are looking at all. of this, but I think that to argue that, some of these people at the high levels are doubling up, it's just... Mr. Odio: Mr. Mayor, we had... Mayor Suarez: Give them as many duties as they can perform, if not, some of them will in fact, resign and we have eager people wanting to work in the City at over sixty thousand... Mr. Odio: Oh, sure. Mayor Suarez: We have eager people wanting to work in the City at over twenty thousand. Mr. Odio: But not of the quality that we have. Mayor Suarez: Oh, I... Mr. Odio: And and I want to point out that we had at one time, thirty-two directors and we are down to nine. Mavor Suarez: That's debatable, all right? And that's no disrespect to the people we have, but we have a few that have been around many, many years in some departments and you have told me yourself that we can't get them to retire. Maybe this is one way to get them to retire. Mr. Odio: The people I want to retire, they won't go, and those are not my staff . Mayor Suarez: All right. Commissioner Alonso: Mr. Manager, I realize that this is a very difficult step to take, I have given a lot of thought and I knew that it was difficult to swallow, but it's something that we have to move forward, something that we have to be done, and I think it is worth discussing in a public hearing, so that we can make the best decision, but it's a way that we can save people jobs. When I look at Solid Waste Department, and I have talked to some of the people who have been working for the City, temporaries, yes, 1199s" yes, but people who have been here for three years, two and -a -half years, one and -a - half year, and now we are telling them, bye-bye, go home, no job at all. I think I feel more sorry for these people than for the people who will receive a five percent cut, and they make over $60,000. Mr. Odio: Well, the five... Mayor Suarez: OK. How do you want to structure, Commissioners, as to complete discussion of this issue? Vice Mayor Dawkins: I second Commissioner Alonso's motion, whatever it is. Mayor Suarez: OK. Commissioner Plummer: On June the 7th. Mayor Suarez: On June 7th. Are we going to be able to make it on the agenda? Or you want to try to... Mayor Suarez: Nine O'clock, first item, an hour reserved? Commissioner Alonso: If we have time, we could perhaps do it first thing in the morning and address this issue, we will have time to study it more carefully, all of you, the City Manager, we might have the opportunity to look in detail, and I think early in the morning, we can do it. and I hope we have enough time. 47 May 24, 1990 0 Mayor Suarez: 9:00 a.m. June 7th, an hour reserved for this item. Does that sound like a good...? Commissioner Alonso: I think so. Unless... Mayor Suarez: OK. All right, so moved and seconded. Any discussion? If not, please call the roll. Mr. Fernandez: Point of order. Mr. Mayor... Mayor Suarez: I know what you are going to ask. Mr. Fernandez: Is it... Mayor Suarez: Does this in any way prevent the proposed layoffs? Mr. Fernandez: Number one, and number two, you are saying June 7th but that meeting has not officially yet been called for June 7th. Mayor Suarez: All right. For the first meeting in June. Mr. Fernandez: For the first meeting in June. Mayor Suarez: All right. Thank you. Is June 7th the date that's agreeable to everybody. Commissioner Alonso: That's fine. Mayor Suarez: All right. We'll incorporate that into the motion. Mr. Fernandez: No, no. That requires a separate vote, if you please. Mayor Suarez: Ah, you always want two motions. Commissioner Alonso: All right. So we say for the first meeting in June. Mr. Fernandez: All right. Mayor Suarez: We don't pay the City Attorney by a number of motions, do we?... Can you duplicate motions, consolidate? All right, take separate motions as to the first one, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-372 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN JUNE, 1990 TO TAKE PLACE ON JUNE 7, 1990, COMMENCING AT 9:00 A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: 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. fMayor Suarez: As to the motion scheduling the item for June. 7th indeed, I'll sF entertain a motion. Mr. Fernandez: Implicit in the motion is the fact that the Manager is not to take any action relative to ;ghat he has already put in place? -,. 48 May 24, 1990 U L1 Mr. Odio: But, I... Commissioner Alonso: I really, Mr. Manger, I'm sorry. Actually, my actions are based on trying to protect those individuals that we are laying off now. If we can do that, we don't know how many people we will be able to save but I'm trying to do all in my power to protect those individuals. If we can stop this, I don't want to interfere with your decisions, I respect you, but I am also pleading with you that. these people, if we can save them, I am trying to do all in my power to do so. Mr. Odio: But, let me... I need a clarification, Mr. Mayor. The not using of "99s" is not a layoff. Our not using "99s" is not a layoff. So, I guess, I need to do that because if not, the deficit, not the deficit, the contribution that we must make to Solid Waste will be around sixty million dollars this year. OK? - when it was projected to be ten. That's one, the other issue is... Mayor Suarez: The contribution that we must make, what was that? Mr. Odio: The General Fund contributes to Solid Waste, as you know. Mayor Suarez: The General Fund doesn't contribute anything to Solid Waste, the General Fund is to provide Solid Waste pick up to the citizens of Miami. Vice Mayor Dawkins: Thank you, thank you, Mr. Mayor. Mr. Odio: Fine. Then let me clarify it, that, because... Mayor Suarez: Now we have the General Fund that you pay contributing to a department that picks up your garbage, I love that. Mr. Odio: OK. The budget of the Solid Waste department call for the use of property taxes in the amount of ten million. Mayor Suarez: Thank you. Mr. Odio: We are going to end up using sixteen if we keep all these people working. And also, the, what I'm going to tell you is this, that unless I take action now, unless we keep using less, there will not be a balanced budget this year. Mayor Suarez: All right. We have to do this on a... Madam Commissioner, the intent of your motion is to try to do anything about the layoffs, or are we going to... I am not sure that we can do anything about them administratively. Have they in fact been sent out, Mr. Manager, the notices? Mr. Odio: The letters are ready, the people are in the process of being notified. Mayor Suarez: Have the letters been sent out, Mr. Manger, so we know what we call in law a moot question? Mr. Odio: No. They are going out tomorrow. Commissioner Plummer: How many? Mr. Odio: The total layoff this week will be fourteen and the elimination, and I am eliminating about, it's a total of thirty-nine positions, because I am eliminating vacant positions. So the total layoff, physical layoff this week is fourteen. Commissioner Plummer: How much will that save? Mr. Odio: The total thirty-nine positions is a million eight. Vice Mayor Dawkins: A million for what? Mr. Odio: A million, eight hundred thousand dollars. Vice Mayor Dawkins: For how many positions? 49 May 24, 1990 106 W V Mr. Odio: For thirty-nine. Vice Mayor Dawkins: But you said fourteen though, you are laying off fourteen, now I know how much savings... Mr. Odio: Physical layoffs is fourteen, and I am eliminating... Vice Mayor Dawkins: OK. From the fourteen positions, how much does that save? Mr. Odio: Seven hundred and fifty thousand dollars. Vice Mayor Dawkins: Now how many people off your staff do you have to layoff to get the seven hundred and fifty thousand dollars? Mr. Odio: I'm laying off from my staff, two people. Vice Mayor Dawkins: How many people... I'll as the question again... Vice Mayor Dawkins: How many people would you have to lay off your staff to get the seven hundred and fifty thousand dollars? Mr. Odio: From my staff? Vice Mayor Dawkins: Yes, sir. Mr. Odio: Oh, about ten. Vice Mayor Dawkins: Ten. So, we are going to lay off ten in yours and fourteen in the other and keep the other twenty-five sanitation workers. Mr. Odio: Sure. Commissioner Alonso: Mr. City Manager, from here to June 7th, how much it will mean if we can keep these people until the 7th, until we make a decision? Can we keep these people until June 7th? Commissioner Plummer: Based on those numbers, it has got to be $100,000. Mr. Odio: That's right. Commissioner De Yurre: Well, let's understand one thing. It can't be a hundred, you are talking about for a full fiscal year... Commissioner Plummer: One month. Commissioner De Yurre: It's $1.8 million, the thirty-nine. Mr. Odio: Right. Commissioner De Yurre: So if we are just talking about... Mr. Odio: It's not... Commissioner De Yurre: ... the remaining fiscal year, it's got to be way less than the seven hundred thousand you are talking about. Mr. Odio: Right. it's just that I hope that these people... Commissioner De Yurre: OR. Now, let's look at this. The savings, what, for another two weeks of keeping the fourteen, and that's what we are talking about. Commissioner Alonso: Yes, Commissioner De Yurre: Holding on to fourteen for two more weeks. Mr. Odio: That means nothing. It's a decision, you don't lose that, much. What you are losing is, that we are sending a message, that this can be done and I am telling you now that in order to balance the budget this year., and in order to have a balanced budget for next year, the cutting of five percent salaries will not do it and we have to look and face at what we must do now. That's what I want... 50 May 24, 1990 E U Vice Mayor Dawkins: That's not what you told me last year, Commissioner De Yurre: Well, if what we are Looking at, and let me make one thing clear because I don't want the message to go out that we have not been conscientious in working toward keeping people working in the City of Miami because that is the ultimatum, that's when you have no other option available. Commissioner Plummer: Exactly. Commissioner De Yurre: That we have been trying time and time again to look. for options, and with the unclassified positions with the vacancies, with all the things that are happening, there are savings because people are just not being replaced. Mr. Odio: That is correct, Commissioner. Mayor Suarez: By attrition, we are... Commissioner Alonso: Attrition. Commissioner De Yurre: That a lot of that has been going on and there have been millions of dollars in savings. Mr. Odio: It has been done by attrition. Mayor Suarez: We have reduced a lot by attrition. Mr. Odio: For instance, Solid Waste have... and I have to say this. Solid Waste union have cooperated tremendously. We have forty-one vacant positions there, so it's a combination of things. Mayor Suarez: This is forced attrition now. We know by attrition we have reduced a lot people from staff, saved a lot of money. Now we are talking about something else. Commissioner De Yurre: Mr. Mayor, I think that what we need to do in order, so that the City Manager feels that he has got the full support of this Commission, in the decision that he has to make, is that I don't mind waiting two weeks and holding on to those fourteen positions, because we have to come to a conclusion as to which way we are going, and if that means that on the 7th this Commission can give a directive to the City Manager saying, we are with you because there is no other solution, that these changes must take place, and these things must take place, then he has the full support of this C i d d d wt h b 4-th t d d ' - t h h om-MI.ssion o go a ea an o a ever as- e one in or er o come W an _ the budget. I feel that if we can address that in a formal manner without having to argue back and forth and come up with different concepts then maybe, = that's just the way to do it. =. Mayor Suarez: I think we ought to reduce this to a vote, and I'll go either way. Mr. Vice Mayor. -- Vice Mayor Dawkins: I beg to differ in that, that is the Manager's responsibility. I don't have to give him no vote of confidence to do his job. He knows what he has to do and he has to come back and tell us what to do, so _- = I'm not going to give you no vote of confidence to come back to tell me that. Mr. Odio: Let me point out something, so you keep this in mind and maybe if you want to, I'll have my people come around you and brief you before the June 7th meeting. So... �F Mayor Suarez: That's always a good idea, Mr. Manager. Mr. Odio: If you want to, I will do that, but let me point just one budget —'' out. The Police Department budget for next year, in working with it, without doing anything, and with zero percent cost of living .increase, the growth of that budget alone witIiout doing nothing different than this year, the same number of Police Officers, same number of Public Service Aides, no raises, the growth in $3.5 million dollars, whether we like it or not. F Mayor Suarez: There are some automatic increases that. the Commissioner's motion is trying to deal with. We don't know which ones we can deal with =x -s. _fl 51 May 24, 1990 without having to go back on existing contracts, but. wecertainly want to inquire into that so that we can stop those built-in increases, even as to our own staff. When I first came aboard, I remember all of a sudden my staff getting a five percent increase, and I didn't ask for a five percent increase, and I was told this was automatic. Mr. Odio: It has been for... in the positive side... Mayor Suarez: I know it has been done for many years, we want to stop that, Mr. Manager. Commissioner, De Yurre: Mine didn't get one. Mr. Odio: On the positive side, AFSCME agreed four years ago to a two-tier pay program, and luckily, I didn't think it would create dividends so fast. We now have four hundred and forty-three people in the City that are on the second tier, and if you don't think that means savings, you are saving about eight thousand dollars per person. Vice Mayor Dawkins: You didn't save nothing because... nothing... I'll ... Mayor Suarez: We are going to get into this first and second tier I think at this meeting and see who are our first and second class citizens here. In any event, I'll go either way, Commissioners because I do feel that he has got to have discretion on fourteen, but if you want to hold off and build that into the motion, I think it's proper Mr. City Attorney as long as we clarify? Mr. Fernandez: Yes. So long as you are very clear in what you are doing... Mayor Suarez: That we don't want any layoffs until this whole matter has been aired at the first meeting in June. Commissioner Alonso: Yes. I think that's the intention of my position, I just don't want to interfere with his job. It's not my intention, but I am trying to save people jobs, I think job security is more important and I want to do everything in my power. I remember the first Commission meeting when I came here, and I was asked to vote on a contract with a four percent increase and I ask precisely that day, do we have the money available? Are we going to have any layoff later on in the year? Because to me job security is more important than anything else, especially when we are talking about the little people. And that's the message that I want to send to the City Manager. Mayor Suarez: Yes. There is a problem as you are indicating as Vice Mayor Dawkins both indicate as a problem, when in midyear, mid -fiscal when we -- approved the budget, all of a sudden it turns out that just to be able to balance the existing fiscal year's budget, we had to lay off people, there is something wrong there. Mr. Odio: Mr. Mayor, let me put it on the record. We had a disturbance that. cost a million three hundred thousand dollars that was not budgeted. Mayor Suarez: All right. Now we have a fund for that wisely... Mr. Odio: No, no. Because we have short memories. Commissioner Alonso: Exactly. Mayor Suarez: ... put into law by motion of Commissioner Alonso, it's in the law. We have an emergency fund, hopefully, in the future that will not create a change in the existing fiscal year and layoffs that we may not have anticipated. Commissioner Alonso: Exactly. Mayor Suarez: In any event, if the Commissioners... Charlie because we are going to get into this on June 7th presumably at length... Mr. Cox: That's... Mayor Suarez: feel that you want to hold off on those fourteen layoffs and if... Mr. City Attorney, once again, can we do that legally, within the Charter? 52 May 24, 1990 Mr. Fernandez: Can you have a special meeting on. the 7th to give instructions to the City Manager as to what to do with unclassified employees... Mayor Suarez: We don't know what's going to happen on June 7th. I want to make sure that we can today say, in the meantime... Commissioner Alonso: Well, to deal with those issues... Commissioner Alonso: We want to leave it open that we can have a full. discussion. Mayor Suarez: Right. In the meantime, can we say, you ars to not lay those people off? Mr. Cox: Could we have it at six? Commissioner De Yurre: I don't think we can, but we can suggest it. Mr. Fernandez: That would be my position, my position would be, that you would be interfering with the City Manager's determination that in the full discharge of his duties, he deems that this is the best course to follow. Mayor Suarez: All right. Mr. Fernandez: I'm looking right now to the Charter to see what powers the City Manager has in reference to the budget because you're really then addressing an issue of budget. He has made a determination that for him to come within his budget... Mr. Odio: Let me interrupt! You know, this is a problem of the City of Miami. I am paid for by the City of Miami and I work for the City Commission. I don't care about the powers of the City Manager. I think this is a problem _ we need to resolve together. I have no problem with that whatsoever. I just want you to understand fully the consequences which whatever way you decide to go together. _ Mayor Suarez: But to understand fully, we're going to have to spend a little more time and there are people here waiting on other items, Mr. Manager. So if it's then understood that you will not proceed with those layoffs? -is that the idea, voluntarily without getting into the issue of... Commissioner De Yurre: Just the 14, we're talking about 14, right? Commissioner Alonso: That's the number he gave us. Mr. Odio: What? Commissioner De Yurre: Fourteen layoffs. - Mr. Odio: Yes, fourteen. Mayor. Suarez: All right. Commissioner De Yurre: OK, so just 14 for two weeks is what we're looking at. Commissioner Alonso: Yes, hold the layoff until the meeting. Now... Mr. Fernandez: But as to the elimination of the positions, which was the second step in his process, he could go ahead and eliminate them. _ Mr. Odio: No, no, they were done already. That's eliminated. They were eliminated. Conunissioner Alonso: OK, Mr. Cox has suggested that if we could change the date to the 6th so that he could be present and... Commissioner De Yurre: No, no the Commission Meeting is the 7th. Commissioner Plummer: No, no, 6:00 p.m. -3 Commissioner Alonso: Six p.m., oh 6:00 p.m. OK. 53 May 24, 1990 �6 Mayor Suarez: Only the item to be considered instead of at 9:00 a.m., at 6:00 p.m. I think we'd better take that in the form of another motion then. Vice Mayor Dawkins: So move. Mayor Suarez: Moved. Commissioner. Alonso: Second. Commissioner De Yurre: Second. Mayor Suarez: Call the roll on that. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-373 A MOTION DIRECTING THE ADMINISTRATION TO SCHEDULE AN ITEM ON THE JUNE 7, 1990 AGENDA, AT 6:00 PM IN CONNECTION WITH A PROPOSED SALARY FREEZE/SALARY REDUCTION FOR CITY EMPLOYEES WITH SALARY LEVELS ABOVE $60,000. 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: We need to have decorum in the chambers, please. Commissioner De Yurre: OK, so now what's the second motion? Vice Mayor Dawkins: There is no second motion. Commissioner De Yurre: No, isn't there one that. - about the fourteen? -to hold off. As a suggestion, to hold off for the fourteen? Mayor Suarez: I think the Manager has put into the record so we avoid the legal ramifications that he's voluntarily going to follow the consensus of the Commission on that. Commissioner Alonso: Yes, we added that in the - yes, we included it. Commissioner De Yurre: And, again, for the record, let's state that whatever he's got to do, he's going to have to do it. And, you know, if it means that maybe we can find some magical - which has to be at that degree, magical - solution, because we've studied this backwards and forwards, and we've gone through a whole ramification of different possibilities and we still come up with what we've got. But in the hope of something magical happening in the next two weeks, then let's give it one last shot. Mr. Odio: Well, the one magical thing there that you can do is not give any monies out to anyone like we proposed in that proposal, it's three million dollars. Mayor Suarez.: We're aware of that, Mr. Manager. We're going to wrestle with that, it's in your memo. We've been getting tougher and tougher on those grants and fundings, but we also want to get tough on the high level salaries, apparently, according to the Coamissioner's motion. All right, scheduled for June 7th at 6:00 p.m. 54 May 24, 1990 Now, I know we have a lot of people h-ore on Stem 17, I believe, right? And this is the Community Development Block Grant Funding, which a lot of you would like to see some going to the Public_ Housing? Commissioner Alonso: Yes. We got the message. - Mayor Suarez: Thank you, thank you. I got the message. - Vice Mayor Dawkins: Public Housing... in the schedule? Mayor Suarez: Yes. It's on item 17. What I'd like to do is, we are going to get to this item before lunch and we're going to take before all the other — _ City of Miami items. Items No. 2 and 3 are also involving people from the outside. Can we solve those reasonably quickly? and then we'll skip all the way over to item 17 and that means that we will in effect take you out of = order and we will skip all the City of Miami internal items. But we have two other items that involve outside people that we are going to try to get to and I think one is the gentleman over there in the wheelchair, if I am not - mistaken. 15. ENDORSE ADMINISTRATION'S RECOMMENDATION NOT TO ACCEPT DONATION OF JOHN HOWARD'S PROPERTY LOCATED AT 1334 N. MIAMI AVENUE. Mayor Suarez: Item 2. Who do we hear from on this? Commissioner Plummer: The Administration. Mr. Manager, why are we looking a gift horse in the mouth? Mr. Odio: I had The Herald hanging on my.... Commissioner Plummer: Item 2. The donation of the property. Mayor Suarez: Will The Herald reporter please assume his?... Mr. Odio: No. I am saying, we don't want to accept that property. Commissioner Plummer: Why? That's the question. Mr. Odio: Well, there are a number of reasons as addressed in the memo. We know that we have asbestos in the building, they are telling me it cost about $60,000 to clean it out. The building structure has already been condemned _! and we need to make a determination where it's worth the - it can be saved or not. The value of the property needs to be determined because as we know that we have toxic waste and asbestos in that property. It could be better for us - not to take this kind of a gift. Commissioner Alonso: Is this property, excuse me. Is this property rented? - Mr. Herb Bailey: It's empty, Commissioner. Commissioner Alonso: It's vacant? Mr. Odio: It's already been condemned. Commissioner Alonso: Condemned. Mr. Odio: But now we discovered that, as we did a search when you asked us to _ look at the property that it does have toxic and asbestos problems, they are serious. Commissioner Alonso: And Mr. Manager, I think this is an issue thatwe will = have to address in the City of Miami concerning some properties that the liens are over the value of the property and what are we going to be doing with these properties. Some people are saying they don't have more money, we continue to put liens over the property and we will have to make a decision on what do we do to these properties. Sometimes the number of liens that have been placed are well over the value of the property but in some instances, there are properties that perhaps, they could be fixed and a solution could be 55 May 24, 1990 found that they could be donated to a private individual that could perhaps repair the property and through that, obtain ownership. I think it's something that - not at this time because I don't think it's the right time or even the right property but in some instances, this has come many, many time and perhaps it's something that we should address on a form of a policy, that —_ the City of Miami will have concerning these cases and how we move in the different cases. Mr. Odio: Let me give you a short - Commissioner Dawkins and I went to a - building on 36 Street, next. to a Boxing Gym as I remember and what I discovered in that visit with the Commissioner, was that some people did not = care about the liens because they were so small, so they didn't care what the condition of the building was. And we talked then that if the punishment is high enough and if it is in some cases, the liens are higher or at the same as the value of the property, that we can keep the property, it would encourage — owners for fixing the buildings up. Commissioner Alonso: Sure. Mr. Odio: That was the intention of that. Mayor Suarez: Actually, the smaller the lien and the higher the value of the property, the better for us. Mr. Odio: Sure. They don't care. Mayor Suarez: No. No sir. The smaller the lien the higher the value, we foreclose, we keep the property. Mr. Odio: No, sir. Because you foreclose - let's say the property if worth ten thousand and your lien is only on $500.00 what they do... Mayor Suarez: If nobody comes in and buys it at the courthouse steps, we get to keep the property. If... Mr. Odio: No. You don't for $500.00. What you do is you get your $500.00 when they sell the property. Mayor Suarez: You get interest and attorneys' fees and everything else, if somebody comes and pays, otherwise you could keep the property. Mr. Bailey: On the matter of liens, Commissioner. In most cases, I would say 99 percent of the cases where we have a lien, you can be assured that the County has similar liens and maybe even more and there are probably other liens that have been placed by mortgage or some other creditor. In this particular case, in donating a property to the City, they unfortunately filed a quick claim deed for which we have not accepted. We don't know what kind of things come along with that property... Commissioner De Yurre: Herb, do we have an appraisal or do you have an estimate of what that property is worth? Mr. Bailey: We don't have that, Commissioner. First of all, we don't have the right at the moment to go in and get that because we don't own the property. Commissioner De Yurre: Didn't somebody mention that the property as it was worth about $40,0007 Mr. Bailey: It would cost us $40,000 in one estimate to make certain minimal repairs, in fact, to demolish it would cost us that. The cost to accept this property will probably far exceed what it is as an appraised value on the market today. Commissioner De Yurre: Are you telling me - how long we've dealing with this issue? You know... Mr. Bailey: Well, we've been dealing with it - I guess it's a matter of how long you've been dealing with it and how long have we been dealing with it, correctly. 56 May 24, 1990 Commissioner De Yurre- No, no. The point I'm trying to make is that, one of the first things that would come to mind is, how much is this property worth. Mr. Odio: Let me have the number, this is... Commissioner De Yurre: You know, if we are going to deal with this whole concept. Mr. Odio: Santiago Ventura did the designer analysis and the property value _ is estimated to be sixty three thousand, eight forty two. The cost of demolition if we choose to demolish is forty thousand. But it is impossible to gain access to it when you don't know how much asbestos is in there. But _ the cost... Mayor Suarez: And that's a good point because we've been hit very hard on contamination cost of many properties that we have purchased, let alone obtained for free. Mr. Odio: Right. Let's suppose it - we feel that it has asbestos, the cost to remove it is $10.00 per square foot and the total cost would be estimated then to be $379,000 just on the removal of the asbestos, that's why I said, we don't want this gift. Mayor Suarez: All right. Does anybody in this Commission or the Manager have any interest whatsoever at this point in accepting this property? Mr. Odio: No. Not me. Mayor Suarez: All right. Commissioner Plummer: Based on what he says, there is no way we can accept the property. Mayor Suarez: Exactly. Now, sir. I presume that you are here in some capacity on behalf of the owner. Commissioner De Yurre: Mr. Howard, he is here. Mr. Howard is here also. Unidentified Speaker: The owner is here. Mayor Suarez: Right. You can give him the hand held mike if he would like to use that and he can make a quick presentation, but it looks like, you know, we certainly cannot be forced to accept something that we are not interested in accepting as a gift. Sometimes, certain gifts are not particularly gifts and this case seems to be one of those. But if you want to try and convince us otherwise, do so, sir, within - make it a three minute statement, please. Mr. Louis Devlin: I came to... Commissioner Plummer: For the record, your name and address. Mr. Devlin: My name is Louis Devlin, I reside at 3030 Collins Avenue, Miami Beach. I work for Mr. Howard who is the owner of this building. Only and when the Mayor of the City came on TV publicly looking for some sort of help for the homeless of Miami. Now this building, tor. Manager had claimed it was condemned, it's not so. The City of Miami had given us seven days to either rehab it or tear it down, which is a difference. As far as the asbestos contained in the building, every building at this period of time structure, has asbestos. And the removal of the asbestos, I got an appraisal for $20,000 which is a lot far less than the sixty thousand he is proving. Now, Mr. Howard was ill at the time when the Mayor came out on TV and so forth, and I approached him and I said, well Mr. Howard, we have a building that, it's forty-four units, it's seven stories and it's got ten thousand square feet of warehouse space that's really doing nothing there and these ;people here, they're looking for something where to sleep, they are looking, for something where they can perhaps learn something as far as using that ten thousand square feet as a manpower center. -� Mayor Suarez: But sir, you understand that without the City's involvement, you can go to or he can go to the Miami Rescue Mission, the Camillus House, all the people who are involved in sheltering and maybe offer this, and maybe — they, on a private nonprofit basis can make this building into what you would like it to be. The City has to be very careful on our involvement. - 57 May 24, 1990 Mr. Devlin: Yes. Well... Mayor Suarez: We might take something here that will cost us more money than it's worth right now, and that's what our experts are telling us. It's not that we don't want to necessarily use this building for the purpose as you are intending, but you can do that in a private sector. In fact, most of our efforts to help the homeless have been through the Rescue Mission and so on, because we don't get the funds for that, the County gets them. HRS funds. Mr. Devlin: I understand, but when I approached your people, we came to you, we did it through Channel 23 TV cameras... Mayor Suarez: You approached me through the Channel 237 Mr. Devlin: Yes. Well, they are the ones that had the... "Sin Techo." Mayor Suarez: That's why he's here. The famous editorial on the homeless? Mr. Devlin: Right, "Sin Techo." Mayor Suarez: We finally go a hold of it after two months of asking for it. Well, they have very good intentions, a lot of people want to help the homeless, they have very good intentions but we are trying to deal with the issue whether we should accept a building that we think to improve and to put it up to code and so on, it will cost us more than what the building is worth. Commissioner Alonso: Is that building beyond repair? Mr. Devlin: No. It's not. Mr. Santiago Ventura: The buildings contain... My name is Santiago Jorge Ventura. My position is assistant director and building official, Planning and Building and Zoning Department. This building was built in 1925. The building was condemned. Mr. Howard put a permit for the demolition of the building in order to comply. The cost of the demolition, $40,000. According to... Mayor Suarez: We have that on the record, I think the Commissioner asked, can the building be rehabilitated or restored or not. Mr. Odio: It is condemned. It has asbestos... Commissioner Alonso: Well, I know it's condemned but it doesn't mean because a building is condemned, sometimes, you know how it goes, it could be saved. — Mr. Odio: Well, if you have to remove the asbestos... Mr. Ventura: Yes. But let me explain to you... - Commissioner Alonso: Is this the case? Is it beyond repair? Mr. Ventura: No. The building was abandoned for many years and nobody tried - to... Commissioner Alonso: Has it been closed... for how many years? - Sir, how many years have the building been closed? Mr. Odio: The building cannot be repaired, Commissioner, in answer to your - question. It cannot be repaired. Mr. Ventura: The building was built... Commissioner Alonso: 1 would like to know - the gentleman - you said, how - many years has it been closed? Mr. John Howard: Yes. It.'s been closed for a few years. Commissioner Alonso: Few years? Mr. Howard: Yes. 58 May 24, 1990 Commissioner Alonso: Five, seven? Mr. Howard: Something like that, yes. I don't know exactly. I've lost my good health some time ago and I wasn't able to supervise it in the manner it should of been and... Commissioner Alonso: OK. Vice Mayor Dawkins: I don't see why we are continuing to discuss a building that we don't want. Mr. Howard: ... and there is no way that I can rehabilitate it because I can't even get in the building in a wheelchair. M,:. Odio: No. You can demolish it. Mayor Suarez: OK. The Administration ought to be advised or warned that if indeed nothing at all happens, we may end up with this building whether we want it or not, but that's... Commissioner Alonso: I was going to say that. Ms. Vicky Leiva: Mr. Mayor. Mayor Suarez: We are all beginning to understand that. Ms. Leiva: If I may, we would need because Mr. Howard after his last appearance here, issued a quick claim deed to the City and actually conveyed title to the City, without the City accepting it... Mayor Suarez: That's a great move. Ms. Leiva: ... We would need to file a disclaimer in our office would need to have... Mayor Suarez: And I sure hope you do that, if our action today is that we are not disposed... Ms. Leiva: ... a motive... we need a motion or directive from the... Mayor Suarez: I am about to entertain that motion. Vice Mayor Dawkins: So moved. Mayor Suarez: So moved. Somebody want to second that? Commissioner De Yurre: Second. Mayor Suarez: Seconded. Now, sir. We are going to vote that at this point, we don't want your gift, we appreciate your sentiments in giving it to us. This does not mean that you're precluded from working with the City Administration to see if there is something that can be done with this building. It just that we at this point, do not want you to deed it over to US. We are concerned that, that's going to cost us a lot of money. This does not preclude you... Vice Mayor Dawkins: From removing asbestos and what have you. Mayor Suarez: Right, exactly. Removing the asbestos, showing that it's in good condition, otherwise working with the Administration, but the item should not be coming here to this Commission, because this Commission's policy right now, based on their estimate is that, we don't want to accept a gift of that property, and so, would just be advised of that. You might be able to convince the Administration that there is some use for' your building, whether it's to shelter the homeless or otherwise, all right? So you are not precluded from continuing to deal with the Administration on this, that's a nice way of saying, don't call us, call him. All right? We have a motion and a second. Any discussion? If not, please call the roll. Commissioner Plummer: Let ►ne understand. What you are telling me, Mr. Manager, is that the building is worth less than what it would cost to either improve or demolish? 59 May 24, 1990 Mr. Odio: Oh, much less. Much, mt:ch less. Commissioner Plummer: All -fight. Mr. Devlin: have you seen it? Mayor Suarez: OK. That's pretty clear. I mean, that's how I estimate it right now, it might take other studies to know whether it has that much asbestos, whether it really cost that much, maybe if you clean it up of the asbestos or demolish it or otherwise, the property will have a value more than zero. But right now, we don't... Mr. Odio: Well, I think he has no choice but to demolish the building as soon as possible, if not... Mayor Suarez: If not... Mr. Odio: He is in violation of the law. Mayor Suarez: If not, you know what happens. All right, we have a motion and a second on rejecting or disclaiming the deed. Any discussion? If not, please call the roll. The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 90-374 A MOTION REJECTING THE DO14ATION TO THE CITY OF JOHN HOWARD'S PROPERTY LOCATED AT APPROXIMATELY 1334 NORTH MIAMI AVENUE. Upon being seconded by Commissioner De Yurre, 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. NOTE FOR THE RECORD - Item 3 was deferred to the afternoon. 60 May 24, 1990 16. (A) DISCUSSION CONCERNING PROPOSED SECOND READING ORDINANCE ESTABLISHING NEW SPECIAL REVENUE FUND: COMMUNITY DEVELOPMENT BLOCK GRANT (SIXTEENTH YEAR), APPROPRIATI14G $11,081,000 FOR ITS EXECUTION, AND $1,200,000 FROM SIXTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME (SEE LABELS 16.1A- D). (B) PERSONAL APPEARANCE BY STANLEY G. TATE (DADE COUNTY HUD OVERSIGHT COMMITTEE) TO DISCUSS REQUEST FOR CDBG FUNDS. Mayor Suarez: All right, item 3, I suggest was supposed to be in the afternoon as to the Chief, so we' 11 respect that and now item... - it is 17 Stanley, is that what, you are here on so eagerly with documents, etc. Can you raise your hand if you are here on this item, please? Commissioner Alonso: Are we going to take item 40 together since... Mayor Suarez: Are they related? Commissioner Alonso: Yes. Mayor Suarez: Item 40, may be related too, I don't mean to confuse anybody. Commissioner Alonso: It's CDBG (Community Development Block Grant.) so we might as well... Do you think? Yes. They are talking about the money for the CDBG so we might as well get it out of the way, together... Mayor Suarez: OK. If we can get to that. Commissioner Alonso: ... If they are here, of course. Mayor Suarez: All right. Thank you. Mr. Tate, you want to make that presentation, sir? Mr. Stanley Tate: Yes. Mr. Mayor, members of the City Commission, thank you very much. Mayor Suarez: Presume you are not being paid for your appearance and aren't - don't have to register as a lobby, sir? Mr. Tate: No, sir. I am a pro bono lobbyist, if you will. I am Chairman of the HUD Oversight Committee, and I might add yesterday, the President of the United States appointed me to the Advisory Board of Directors of the Resolution Trust Corporation. The only one from the State of Florida. (APPLAUSE) Mayor Suarez: Go on, save us some of that - what it is a hundred and sixty billion dollars that's going to... Mr. Tate: Right now, the estimate is five hundred and sixty five billion dollars. (APPLAUSE) Mayor Suarez: Oh, Lord! All right, maybe we'll get some of that money for Public Housing in Dade County. I'm not sure that's worth applause, it might be worth crying about, but... Mr. Tate: One of the issues in the Resolution Trust for your information is, Public Housing. Mayor Suarez: I don't mean your appointment, you appointment is worth APPLAUSE, but - go ahead, Stan. Mr. Tate: In any event, what we are here for is in conclusion I hope, of a request that was made originally by the Director of HUD, Mr. Earl Phillips, in regard to the CDBG monies that are going to be renewed by the City of Miami Commission. For your information, there are over seven thousand units of HUD 61 May 24, 1990 h housing located in the City of Miami, which are managed and owned by Dade County. These units comprise of residency in excess of twenty thousand people. We have people here today from those developments such as Rainbow, Gwen Cherry, Town Park Gardens, Culmer Gardens, Culmer Place, Claude Pepper, Jack Orr, Park Sides, Smathers and others. I could tell you, our request was for three million dollars, approximately three million seventy four thousand dollars of the total funding that the City has received from HUD, and I might add that to a great extent, a portion of the justification for the award of these funds to the City was taken into consideration, the overall high level of low income, housing and low and moderate income residence of the City of Miami. So, to some extent the justification for the award of these funds to the City of Miami came about because of these people living in these housings located in the City of Miami. I might additionally add that 100 percent of these monies to the extent they are awarded to us, will be utilized only for exterior and aesthetic improvements. A hundred percent of the monies that are = necessary for the renovation of these units are in the process of being spent, many millions have already been spent, through monies we've received from Dade County and from HUD and those monies will continue to be spent. I might additionally add, in relation to the problem you just heard, we have spent in the City of Miami for asbestos removal on these units, several millions of dollars, and we intend to continue to do that to the extent it's necessary even to relocate people in other units while we are doing the abatement program. This is something that's essential. It's something that's needed. We are not asking for money to do the renovation work on the interiors. This is for the aesthetics, it will improve the overall condition of these units that are all located in the City of Miami. Of the twelve thousand four hundred units in HUD in Dade County, over sixty per cent are located in the City of Miami. As you are all aware, the Dade County has a court order to do a substantial five year renovation plan. I was appointed the Chairman... Mayor Suarez: Stanley, when did that five year period begin on that Court Order? Mr. Tate: It began two years, approximately, nineteen months ago. Mayor Suarez: Nineteen? Mr. Tate: Yes. And we've done - we've spent a total of Greg - how much - twenty million? We spent already, thirty million dollars. Vice Mayor Dawkins: And where did that thirty million come from? Mr. Tate: Part of it came from Dade County and part of it came from Federal HUD. Vice Mayor Dawkins: What part of the Dade County funds did it come from? Mr. Tate: I think, one of our Directors said half and half... Vice Mayor Dawkins: Half and half? Wait, Mr. Tate. Mr. Tate: I think it was sixty - no I don't think that's right. I think it was forty percent from Dade County and sixty percent from Federal HUD. Vice Mayor Dawkins: OK. All I need to know is, the part that came from Dade County, was it federal funds, state funds, ad valorem taxes, where did it come from? Mr. Tate: A portion of it and I don't have the exact percentage, came from ad valorem taxes out of general revenues of Dade County. Vice Mayor Dawkins: Right. And the people in the City of Miami pay ad valorem taxes to the County. Commissioner Alonso: Yes, indeed. Commissioner Plummer: Thirty percent. Mr. Tate: Certainly. i Vice Mayor Dawkins: OK. I just want to put things in their perspective. 62 May 24, 1990 �i y AW Mr. Tate: Certainly. Vice Mayor Dawkins: Go right ahead, sir. Mr. Tate: There is no question about that, I'm not arguing as to whether, you know... _- Vice Mayor Dawkins: Oh no. We aren't arguing, we aren't arguing at all, Mr.. Tate. Mr. Tate: It would just seem to me that the monies that we are getting for - the renovation work really have nothing to do with the aesthetic qualities of —_ these buildings. These buildings are all. located in the City, they will have a major improvement into the local areas in which they are located, many of them are in the Overtown area and there has been a list supplied to your — people, advising specifically where these monies are going to be spent. They are primarily for landscaping, repainting, some repaving, all exterior work. Commissioner Plummer: Why isn't the County who has 100 percent authority over HUD doing what they should be doing when they receive thirty percent of their budget from the City of Miami? You know, where the physical location of these properties are, is one thing. This City has no control whatsoever over HUD, none, not one percent. Why isn't Dade County shouldering the responsibility they graciously accepted when the City of Miami closed our HUD and turned it over to them? - with the assurances that they would take care of the problem. Why now, are they not taking care of the problem and coming back and asking us to shoulder the responsibility? Vice Mayor Dawkins: Not only that, Commissioner Plummer. I would like for our constituents out there to understand that, and I'm going to read from you to you what has happened. OK? "Public Housing projects are owned and operated by local public housing which is called HUD. The Federal Government subsidizes the capital and operational cost in three programs. Original construction, the government provided the money to construct them. Operating subsidies. The Federal Government pays the difference between rental income and actual cost. Rental income is percentage of the tenant's income set by the Federal regulation. Thus, all projects should receive operating funds, equal." They've gotten money all through the year that you have lived on these projects, Dade County got it. The City of Miami did not get it, and you have not received the upkeep on your buildings. All right. "Operation subsidies are funded to HUD automatically and by formula. There is no discretion on the part of Ph.D., I mean, Public Housing Agency, whether HUD has to apply or not." They give them this money automatically. "Modernization. Comprehensive Improvement Assistance programs, HUD must apply for this program. Projects are funded at the discretion of HUD. Funds are used for Capital Projects as defined by the tax law. Dade County Little HUD has applied for CIAP (Capital Improvement Funds) every year for many years. There is no pattern of failure to modernize units located within the City of Miami." For example, and listen closely, Scot Homes has a grant this year, for what they are asking us to do. Scot Homes has a grant. All right. Liberty Square got a grant last year to do what they are asking the City of Miami to do. Mr. Tate: Not true. Vice Mayor Dawkins: Public - it says here - you got... Mr. Tate: It's not true. Well, I'll correct you. The monies that we got from the HUD were for renovations, not for exterior work. Vice Mayor Dawkins: Who allowed the units to deteriorate to the state that they are, Mr. Tate - who? Mr. Tate: Mr. Dawkins, to find fault with what happened yesterday - let me just... . Vice Mayor Dawkins: I don't have the... no, no. See, you got these people out her - and these are my constituents -• that you have led down here to make them feel that I am responsible for what you did not do... Mr. Tate: Don't say, I did not. 63 May 24, 1990 Vice Mayor Dawkins: ... and when time comes to vote, you're going to have them say that I did not do what I was supposed to do when it was HUD that didn't do what they supposed to do, sir. You can't do that to me, you can't do that to me. (APPLAUSE) Do not take these people and bring them down here in order to pressure me into accepting HUD's responsibility. HUD got the money and you people - not you - the people over there did everything but modernize all of these housing projects. Why? Because they first built them in the black community, they let them deteriorate in the black community, and now they want the black people to come out here and raise hell to get it fixed. Mr. Tate: Mr. Dawkins, the history of HUD, the history of these housing projects to a great extent, when the City of Miami had the HUD jobs, they turned them over to Dade County. It wasn't something that Dade County wanted to have. The City of Miami - that's absolutely true and if look in the records, you will see that. Commissioner Plummer: Sir, but... Mr. Tate: But, be that... Commissioner Plummer: Sir, wait. Let me correct you. OK? When you make that statement make the rest of the statement. Because the rest of the statement is very important. They agreed to take HUD, they also agreed to take Seaport, which makes millions of dollars given by the City of Miami. They agreed to take the Airport which makes millions of dollars. They agreed to take a Water and Sewer department worth four hundred million dollars. All of this stuff was given to the County. So don't isolate and say that the County didn't want because as part of the package they took it all, and they came out a hell of a lot better. I think the bottom line is clear. The grand jury said shame on you for not doing what you are supposed to be doing. Not the City of Miami, Dade County, it's your responsibility. Mr. Tate: Commissioner Plummer, let me just follow up. Everything you are saying is true but the fact of the matter is, the money we are requesting has nothing to do with the requirements under the court order. Vice Mayor Dawkins: They're not doing it. Commissioner Plummer: But why isn't the County doing it? They are responsible. Mr. Tate: Because the County doesn't have the money. Commissioner Plummer.: Neither do we. Mr. Tate: Now, wait a minute. Commissioner Plummer, you've gotten about eleven million dollars from CDBG funds. Commissioner Plummer: That's correct, sir. Mr. Tate: Part of the basis under those monies, was the utilization of the facts and figures concerning these twenty thousand low and moderate income people. Otherwise, you wouldn't have gotten those monies. Commissioner Plummer: And we are addressing the problem. Vice Mayor Dawkins: Hold on one minute. Mr. Bailey, will you explain how Dade County gets this money by using the residents of HUD projects and how we get it. Will you explain that to Mr. Tate since we, seem to have a disagreement? Mr. Herb Bailey: The CD allocations that we get - well, the qualifying statistics on low income people is also County -wide as well Citywide, so it's not only the City of Miami benefiting because we have low income people in the City, but you also have that same count with the County. Mr. Tate: You want to answer Commissioner Dawkins' question to you? You are not answering it.. Don't you use these people to get this money? (APPLAUSE) 64 May 24, 1990 Vice Mayor Dawkins: Go ahead. Let him answer you now? Go ahead Herb. Mr. Bailey: I think what has been said before is that, we do have these units -_ placed in the City of Miami by Little HUD, and we do have them as part of our inventory. Unidentified Speaker: That's right. Mr. Bailey: We are not certain at all if that was our choice, that was the County's choice. And however... Unidentified Speaker: You don't have nothing to do with it? Mr. Bailey: Wait a minute... Commissioner Plummer: Took it off our tax roils. Mr. Bailey: There are many other services that go along with the people who are residing in these homes for which we do get CDBG money and we do provide those funds for those communities to be used for those people, not for the modernization and improvement of the houses. So we do use the money in the neighborhood, for the people who live in that neighborhood. But the responsibility for the physical structure - wait a minute- everyone of these neighborhoods, we have allocated Community Development Block Grant money for a variety of other services that you get support from. Mayor Suarez: Herb, why don't you illustrate - wait, we get a... Vice Mayor Dawkins: Police and Fire, who pay for Police and Fire, Mr. Bailey, out there? - The City of Miami, so that's what we use that money for. Mr. Bailey: The street improvement, the sidewalks, the services, the variety of other services that you get, Dade County does not provide that for you. They provide you with the house they are supposed to maintain, we provide you with the services. Those fund that we get as a result of you being part of our statistics are allocated to the community in many other ways. Mayor Suarez: All right. With the eleven million dollars roughly in CDBG monies, and by the way, how much does the County get every year, Stan? CDBG allocation. Mr. Tate: Twelve million dollars. Mayor Suarez: What kinds of things do we do with ours? Just to get down on the record Herb. The very important programs for our community, they don't = directly impinge on or impact public housing, you're right about that. Mr. Frank Castaneda: We fund a number of elderly programs, we fund food programs, we fund economic development program and housing programs for the private sector. Mayor Suarez: We rehabilitate, how many programs a year? Mr. Tate: The private sector, housing for private sector only. Mr. Castaneda: That is correct. Mayor Suarez: Yes. They are not public Dousing? Mr. Castaneda: Not public housing. Mayor Suarez: Although, by virtue of the fact that we help, then they almost become public, I mean they get a large public subsidy. Mr. Tate: Mr. Mayor, I don't want to get into a dialogue or a contra... - this isn't a controversial item, I really want you to know, and I am not here to create a controversy. It just would seem to me that there are some monies that the City of Miami would have available for this specific purpose. Now, if you can't give me the three million which represents approximately thirty percent of the total, give Lis some. I could tell you, as a lay citizen, and I believe a fairly respectable member of this community, I've lived all my life in Miami, I'm trying to upgrade the living conditions of the people who live in these particular housing units. They're deserving of it, we've done a major job with HUD. The HUD board is made up of citizens, such as Marty Fine, Martin Cohen, these are all people who have donated their services. We've -_ hired a new Executive Director as you know, I've gone to Washington several =_ times to get money, we don't specifically say that the units that are located _= in Richmond Heights are going to get the money and not the units in the City of Miami, they are allocated on the basis of where is the greatest need, and what are the units that need the greatest amount of renovation work. We've spent close to forty million dollars, we're going to be spending another sixty million dollars... - Vice Mayor Dawkins: Let me ask you one question, Mr. Tate, and I won't cut you off anymore. You said that the money - if the City had three million dollars, and if the City gave you three million dollars, it would be spent in the City of Miami - is that correct? Mr. Tate: That's right. I furnished... Vice Mayor Dawkins: Well, what are you going to do with the money that's already allocated for the City of Miami, where would you spend that? Mr. Tate: That's going to be for interior renovation work. It has nothing to do with what I'm asking for. Vice Mayor Dawkins: It has all to do. Mr. Tate: No, I can't spend that money. Vice Mayor Dawkins: That if we give you more money, then you would do less money in the City of Miami, because you got a subsidy from us. Mr. Tate: No, no. Commissioner Dawkins, please hear me carefully. Vice Mayor Dawkins: OK. Yes, sir. Mr. Tate: The money I get from Washington and from Dade County, is specifically allocated and designated for renovation work on the interior of these units to make them more livable - to make them livable at. all. First, asbestos abatement, for items such as that. This has nothing to do - we've prepared a list specifically where these monies are going to go. These people are deserving of outside paint, I can't get the money from IUD for that. Some landscaping, I can't get the money for that, some sidewalks, I can't get the money for that, for some repaving of the parking areas, I can't get the money for that. What I'm getting the money for from Washington and from Dade County is specifically for replacement of appliances, for repainting the interiors, for redoing the heating systems, for all kinds of - electrical work, asbestos abatement, those kinds of things, so these monies really have nothing to do with the other. Mayor Suarez: Stanley, let me say, you're working awfully hard in Washington, but I think we're going to work a little harder. Let me tell you, Vice Mayor Dawkins and the rest of this Commission and I have hosted the Secretary of Housing and Urban Development. I believe the budget, the last time I looked at it, was twenty-three billion dollars. I know that Mr. Phillips, ,your Executive Director, Director of Little HUD in Dade County, has asked for another million dollars for face-lift, the kinds of things you're talking about and security. And I want to read to you one paragraph from a letter I just sent on behalf of the City to the Secretary of Housing and Urban Development, who has been in Miami, quite cordial, but frankly from my perspective - I don't know if Vice Mayor Dawkins shares my views or the rest of the Commission, I have yet to see the beef on these promises that he has made. Vice Mayor Dawkins: Let me say it a little better, Mr. Mayor. Mayor Suarez: Yes. Vice Mayor. Dawkins: Mr. Kemp, the quarter back, is at the line calling audibles. lie has called audibles ever since lie has been there, we have lost fifteen yards and he is still calling audibles, it's time for him to call the play. 66 flay 24, 1990 Mr. Tate: I'm not here to defend Jack Kemp. Mayor Suarez: I may have to change this letter to adjust to that metaphor but the letter reads in part and it's dated May 21, 1990: "Dade County's HUD Director, Earl Phillips has taken a most aggressive approach to his job seeking both County and City of Miami CDBG monies to improve security in the various public housing complexes. In addition, he is requesting at least one million dollars from your department to carry out his plan. I strongly recommend that you grant that request. Mr. Secretary" This is directed to Kemp. "You have come to Miami no less than three times. In each case you have pledged special support for our programs. Mind flow the fact., that City government here is using meager resources to build new affordable housing and improve the existing housing stock. Your staff at all levels has been most helpful, etc. But you have promised more innovative initiatives, such as, operation boost strap, in grants to tenant organizations for self help programs" And there was a magnificent feature in the Miami Herald, two weeks ago which I am enclosing with this letter. "That kind of support is what we need now and only your personal attention to Dade County's problems can bring it about. Mr. Secretary, we cannot afford another round of civil unrest, fueled at least in part by awful housing conditions." Etcetera. The fact of the matter is, we have gotten a lot of promise from Federal HUD. We haven't seen, and I'm glad the Vice Mayor agrees with me - I've not seen anything but audibles, I've not seen any running across the field and gaining any yards, and I am very upset and I guess I can probably express it more emphatically than this, but I want you to know that this is a fairly strongly worded letter because we need Federal HUD money to improve those projects and you have my pledge to go out there, this entire Commission to go out Washington. I wish we could pay for all of you to go up there and sit at his door until we see some of that money he has been promising. Commissioner Alonso: I agree... Mr. Tate: All I can tell you, Mr. Mayor, that's fine, but that money is not going to be coming and you know it and I know it. The HUD budget was cut 27 percent under their new proposal. Jack Kemp, I'm not going to defend him or — frankly this has... I don't want to get off the track on Jack Kemp because I have no relationship with federal HUD other than the fact that I'm involved in — politics in Washington. But only to the extent to try to get money. The = monies we got from HUD came about when Sam Pearce was still there, had nothing to do with Jack Kemp. Mayor Suarez: And who's proposing a 27 percent cut? Mr. Tate: The cut in the federal HUD budget for this year total, in all of their programs, which includes their mortgage financing programs, is 27 percent than it was the year before last. ,F Mayor Suarez: And the Secretary is agreeing to that proposal? He's going to the Congress and asking for 27 percent less money than the prior year? -, Mr. Tate: Well, a large portion of those monies having to do, as you understand, is subsidized mortgage finance programs in HUD. A large part of that has... the NAHP obviously is lobbying very hard for that. But be that as it may, that's another issue and that's an issue that the County and the City { both have to attack and I welcome the assistance of - certainly Commissioner Dawkins knows me for a long time and I'm more than willing, at my own expense, — to go to Washington with you and any member of the Commission in an attempt to get money. Mayor Suarez: We may need to bring a delegation of Dade County HUD residents. Mr. Tate: I could tell you, I brought up at my own expense about 20 of them si when Sam Pearce was Director of HUD and we were able to get some money. But times have slightly changed. Be that as it may, what I'm looking for is some commitment from this Commission to help out those units located in your City for aesthetic effects for those residents that are citizens of the City of _ —„ Miami and citizens of Dade County. You know, Mr. Mayor, I was a mayor of a 67 May 24, 1990 m nicipality, as voa know for many, many years, 20 years. 7. ne,.er. really -_ considered myself as anything but a citizen of. Dade County, even though we had our own municipality and I was charged with the responsibility of protecting e that manic; ality We did not have low cost housing in our City. But you do. P And it represents 60 percent of the total low cost housing in Dade County. A token from this City would be some amount of money for at least repainting and landscaping that these units... these people deserve to live in decent housing. I'm doing all I can to get the money... (APPLAUSE) ...from the government to do the interior work. I know I can't get any money for landscaping. I know I can't get money for exterior paint. I know I can't get money for sidewalks. I just can't get it. I'll get all I can and I'm going to and will continue and we will get it for the interior work. Give me some money. A commitment from the City of Miami. You know, you can't give me the three million, make it a million and a half. Some money. Mayor Suarez: Can I ask you... Commissioner Alonso: Well, let me... Mayor Suarez: Commissioner Alonso wants to make a statement... Commissioner Alonso: Yes... Mayor Suarez: ...and then I'm going to ask you a question on something else that I need support from HUD. Mr. Tate: Sure. Commissioner Alonso: I want to address the problem. I realize that even though it's not our responsibility, these people, they live in the City of Miami, and I'm very concerned with the problems of what's happening in public housing. Because of that concern, and the visits that I've been doing through the years and in recent times, I'm aware of the problems that they face day by day. When the Governor of the State of Florida came to see me, I asked him for an amount of half a million, $500,000, for security in public housing. I think that we are going to have a considerable amount, if not all of it. If this money comes to you through the City of Miami and because of my actions of requesting this money for public housing, you might have some money that you can free from other funds to do this. The money, as I request, is for security in public housing, meaning fences that have to go up, locks at the entrance, things that you have to do to the windows to secure the buildings. I mean, many things that you can do to the actual buildings, you will be able to take money away from other allocations and use it in certain way. It is also my belief that you will be able to get matching funds from the federal governments to help us. The State will give this amount, the federal government might match funds, and it can be of great help and requesting it for the HUD programs, the public housing buildings in the City of Miami. I've been working very actively in Tallahassee, I went last week, I've been in touch practically every day and I'm feeling very confident that we are going to receive this money for public housing. If so, it is something that is coming from our effort to help because we are aware of the necessity, because we care of what happened in public housing. I've been one person that through the years I have addressed the problems of public housing. I have been very critical of Dade County because they did not face reality long ago and had allowed public housing to deteriorate to the point that it is today, costing us taxpayers millions of dollars. And I'm very upset because of that with them. Also, very aware that these people live in those conditions and that we have to help. So, my heart goes to them and that's why I'm trying to do all in my power. As you see, the City of Miami is going through very difficult times. We hardly can meet the needs of paying the salaries of our employees. We're having a hard times so if we are instrumental in getting funds to you that you were not going to receive anyway because the State was not going to give you this allocation at all, I think that it's something that is coming because of our efforts. Mr. Tate: Commissioner Alonso, I'm sure you know I'm cochairman of the Governor's reelection campaign. I'm very involved in Tallahassee. We will not get that money for this specific purpose and that's really the key. Let me just... Commissioner Plummer: You'll not get your Governor either. 68 May 24, 1990 Commissioner Alonr:o: Do you think the Governor is not. going to address, from his budget, when he has within his budget? -his reelection campaign, you're doing a great ,job for him anyway. Mr. Tate: If I was the Governor, you'd have it in a minute. Commissioner Alonso: But, let me. tell you, sir, do you think he's saying that, yes, he can see some ways that he can give some allocation to this? -to a necessity of people of the City of Miami? I cannot see the... Mr. Tate: Well, no, no ... Let's talk about the process, the pro... Commissioner Alonso: And you are saying he's going to ignore this? Mr. Tate: The process is not the Governor's... Commissioner Alonso: Is that what you're telling me? Answer my question, please. Mr. Tate: Well, let me finish. Commissioner Alonso: Are you saying he's going to ignore this request? Mr. Tate: No. The process.. Commissioner Alonso: Or are you coming here only to ask the City of Miami to meet the responsibility that is not ours and ignoring the responsibilities for everyone else? Mr. Tate: Can I answer? Commissioner Alonso: Yes. I'd be delighted if you do. Mr. Tate: The process is the legislator's process made up of... Commissioner Alonso: It's within the budget of the Governor. Mr. Tate: It's already in the budget of the Governor but has not passed out of the Senate and the House. It went into joint committee, it never got out. Now, it was in the Governor's original budget. Unless the House and the Senate approves it as a budget item, there is no way those monies are going to be allocated. Commissioner Alonso: Well then, you should be asking these people to write to their legislators and senators daily, calling them, letting them know that, yes, approve these funds! Mr. Tate: I agree. Separate issue, those monies are not going to go for what this specific purpose is. And I don't want to get emotional about it. All I'm trying to tell you is, as far as police protection is concerned, we've requested from the County two million dollars. A large percentage of those monies go into thu, 1,-)using located in the City of Miami. Commissioner Alonso: Sir, what are you doing? We would like to have detailed information of what you're actually doing to these buildings because I've been called for many of these buildings where they have serious situations and unless we had asked precisely, they need this, this and that, no allocation was in place to resolve any of these problems. Mr. Tate: Last year, the Dade County allocated $600,000 for security purposes without any regard to whether the housing was located in the City of Miami or in the County. And that's true. This year, we've requested, because the security problem is so severe, we've requested a two million dollar budget for security. Again, without regard to whether the call for the security is made from a building located in the City of Miami or... Mayor Suarez: Has it been allocated, Stanley? Mr. Tate: It will be in this current... Mr. Avino has told us it's going to be in the budget. Commissioner Alonso: So, you mean you have two million, for security... 69 May 24, 1990 Mr. Tate: Yes, ma'am. Commissioner Alonso: ...in public housing? Mr. Tate: Yes, ma'am. Mayor Suarez: Yes, hopefully, we will get some people... Commissioner Alonso: Well, hopefully, we will get results. Mayor Suarez: ...providing security who look a little bit more alive than some of the ones I've seen in some of those centers. Commissioner Alonso: Yes. Mr. Tate: Well, I don't have to tell you, the problem is primarily drugs, it's rampant, it's certainly not unique to the City of Miami, but we have our fair share. Mayor Suarez: By the way, the County has a $2 billion dollar budget. The State has a $26 billion dollar budget. Did you want to inquire? -because I have a quick question of you. On a very minor item, but it would help a lot. I have been trying to get Dade County HUD - and maybe the next time we see each other, you'll have for me a letter that will approve this - to just simply give us permission to go into Rainbow Village - you know those pieces of pipe that are sticking up in the air that used to be benches - to go ahead and go in there with voluntary help and donated wood and carpenters and so on, and make them... Mr. Tate: It's been approved already, Mr. Mayon. Mayor Suarez: Thank you. Mr. Tate: You've got it. Mayor Suarez: It's been about two years in that battle. Small item, but it adds a lot to the lives of the people. Mr. Tate: You know... as the Mayor knows and this Commissioner knows, I'm also on the Public Health Trust. This is a hospital that's funded by Dade County. I could tell you that a large number of the City of Miami people use it. Mayor Suarez: Fifty percent of all of Jackson Memorial patients are estimated to be City of Miami residents. Mr. Tate: Right, and, you know, we get $106 million dollars from the County for funding it, far less than what we need and we've got our own problems and I don't want to divert it, but I also don't get paid as a member of the public health trust. I'm looking for the City of Miami to allocate - if $3 million is too much, give me some money. I want to use it specifically for those purposes. You could monitor it. These people will appreciate it. It hasn't got anything to do with the inside of their units. It will make those areas look better in the City of Miami. It will improve the general geographical area of those units and it's not that momentous. I'm not really trying to build it up more than it is. It.'s support and an allocation for some help that we need. I don't: have these other doors. Commissioner De Yurre: Stanley, you know what we could try doing? -because my wife is a registered nurse and for the last nine years she's run the health maintenance program at Jack Orr, which is in Overtown, 550 N.W. 5th Street. Mr. Tate: I know. 1 know who she is. Commissioner De Yurre: OK? And, in fact, I have a f ilm that we're editing right now, the horrendous conditions that exist, not only at Jack Orr, but throughout the rest of the City of Miami with these buildings. I think that Dade County has done a horrendous job. They have not done the job that they were supposed to be doing and I would suggest at this point in time, that though we have a lot of burden ourselves of many things that we have to deal with, but I think that in order to protect these fine people, maybe it's time 70 May 24, 1990 4K 1. that the City of Miami take over these buildings. Give us the money and we'll take care of those buildings. You know, I hate for the County, you know, first_ it's the homeless. We give them all the money we have for the homeless, they don't do the job. Whatever the County's involved in that we have something to say in the City of Miami., we can't do the job because they're controlling it. Now, when they can't handle it, then it falls back in our lap and all we can do is give money but we can't control it. You know, it gets to the point they say, hey, if you guys can't do the job, let us do our job and if not, you know that's what we've got to go. Mr. Tate: You know you're making more... let me just tell you that the Dade County HUD did a deplorable job for many, many years. I wasn't involved in HUD for many, many years. I've been involved in it the last two years. There has been a 180 degree turnaround in the last 6 months in HUD and that's primarily because we finally got an executive director and an assistant deputy director who know what they're doing. And they have put together a team that is enviable. I could tell. you from what it was as to what it is, you wouldn't recognize it. You go into the HUD jobs today, go into the HUD office today, there's an esprit de corps, people are dressed right, the rooms are clean, it's just an unbelievable change. And we want to continue with this program. We finally, we, Dade County, HUD, me, Earl Phillips, I don't care, name them, have got a handle on what has to be done. Whether it came about because the Dade County did not live up to their obligations, that's yesterday. I can't help it, I can't do anything about it. I wasn't part of that team. The County asked me to run HUD as a volunteer, as a member of an oversight committee. I've been doing it now for a year. I was the one, I flew to Texas on my own money, I was chairman of the committee to hire the new guy. I spent three and a half days in Houston, I interviewed 15 different people, including the Mayor, to bring in a new executive director. We've got a good guy. We've got a good guy. We've got all the things in place. If you don't give me any money, it's not going to stop what we've got going, I can assure you. It's not critical. All I'm saying to you, these are units located in your City. Let me clean them up, let me dress them up, let me put a belt around a loose fitting dress so that it will look better, that's all. We'll take care of the other stuff. (APPLAUSE) Commissioner Alonso: Sir, how much money have you allocated for Dade County for this purpose? Mr. Tate: Total monies? Commissioner Alonso: Yes, for this... Mr. Tate: Seventy million dollars. Commissioner Alonso: For this purpose? Mr. Tate: For outside... aesthetic purposes? Commissioner Alonso: Yes. Mr. Tate: Zero. We don't have it. We cannot... Commissioner Alonso: In Dade County. Mr. Tate: In total Dade County. Commissioner Alonso: So you're asking us, for the City of Miami and then the rest of the County will not get anything? Mr. Tate: I may be able to... Commissioner Alonso: Dade County will not give you anything for that. Mr. Tate: No. I may be able to get those monies through some of the Parks Department's funds for the County property for the Dade County Parks Department. But certainly not to the extent of repainting the buildings or things like that, some landscaping. 71 May 24, 1990 Mr. Herb Bailey: I would just like to... I know we've had a lot of discussion and give fa non emotional response. First of all, I have a question in terms of... what you're asking to do has a continuing operation. How will the County, in years to come, even if it were possible to provide monies for the outside maintenance and aesthetics, as you call it, how will they do it next year and the year after that and the year after that? Will you always be coming back for an additional allocation or are you asking us to commit to something on a continuing program basis? Because what you fixed at this year will be needing fixing again next year. Mr. Tate: Well, hopefully, the shrubbery and the repainting, we're talking about a much longer life. The shrubbery will not die. The repainting, yes, probably five years. Hopefully, by that time, all of the renovation work will be completed and there will be a different atmosphere in Washington that funding for utilization purposes, other than living conditions, will be available. If you're asking me to make a commitment to this body that we will. never come before you again to ask for any money, I can't do that... I can do it for me, personally, but that's meaningless. Mr. Bailey: Well, that gets to the other part of the question up to the answer and we've discussed it for quite a bit and I think... Mr. Tate: But this is a one time request. Mr. Bailey: I understand what you're saying, but the activity is not a onetime activity because the buildings will continue to need some type of outside maintenance. First of all, we don't have the money and I would just like to say to the Commission that if, you know, even in considering this, we would have to go back and dismantle all of the other allocations that have been made to the CD program for which you're going to ask other communities, other activities within the community for which is much needed, especially those that get health and food, to give up part of what they're getting for this purpose and I don't know whether or not we are prepared to do that. Mayor Suarez: Yes, we understand that. One last thing, it's important that you realize that one service, Stanley, and we've told this to Mr. Phillips and I think he is quite aware of it, that we offered to provide to public housing in Dade County, that is to say, the pickup of the garbage. You know how that company, the private company that's out there, you know how good a job they do, right? The tops are left off the cans and the stuff is coming down and the water filters in there and there's rats and everything else. We offered to do that. The City of Miami offered to pick up the garbage. We bid for that and I think our prices were competitive and we were not. chosen. So, in our own jurisdiction, in our own City, we can't even, for the public housing units, pick up the garbage, which means that if we're not doing a good job, you call any one of us or the Manager and you'll be able to get on our backs. Mr. Tate: As you know, Mr. Mayor... Mayor Suarez: As it is, you've got a private company. So, we couldn't even... Mr. Tate: That's not a HUD decision, that's a County decision. I'm not going to... Commissioner Alonso: Well, ask the County to do... Mayor Suarez: The County, the last time I checked, is the one that runs HUD, so... Mr. Tate: Since I don't get paid from the County or the City... Mayor Suarez: Well, you might want to... Mr. Tate: ...I'm not representing the County. Mayor Suarez: Stanley, you might want to schedule an appearance before the County. I'll be there with you. Commissioner Plummer: According to the grand jury, nobody runs HUD. 72 May 24, 1990 Mr. Tate: I'm doing a report to the County and I'm requesting and I really want you to know, in spite of the fact that the County's got_ the same difficulties as the municipality of the City of Miami, they recognize the responsibility, if only by reason of the court order and I am getting the funding. Mayor Suarez: All right. Thank you for... Mr. Tate: We're making more of this than it is and all... Mayor Suarez: We're about to recess, Stanley. Mr. Tate: OK. Mayor Suarez: Ma'am, if you want to make one last statement, then we're going to recess. Keep it to a minute, please. Ms. Helen Whack: OK, good morning or good afternoon, my name is Helen Whack, I live in the Overtown area Rainbow Village. I am president of the overall tenant advisory council here in Dade County HUD. Our main concern today, I think, we, as residents here today, we are hearing a different concept from the elected official here within the City of Miami that you do not have a responsibility. I am not saying today that you are totally committed to the City of Miami, but we, as residents of Dade County in the Overtown area, we feel as if you are the elected officials. You do have a .responsibility to us. (APPLAUSE) Ms. Whack: This is the way we feell I know the money, everybody budget it tight, HUD's budget is tight, the City budget is tight too, but we need you to consider that we are within the City of Miami. I'm not saying that your total concept is everything, but we need you to consider that we are a part of the City of Miami, we are registered voters and we are very concerned about our City officials that sit here and represent us. (APPLAUSE) Mayor Suarez: No, unless the Commission feels otherwise, I will now rule that we are adjourned for the day. We thank you for your statement. Unless anybody has any motions to make... MS. Juanita Horton: Mr. Mayor... Mayor Suarez: Wait a minute. Unless any Commissioner either wishes to hear further or unless any Commissioner has a motion to make, we're adjourned until 2:30. Thank you for all your statements. MS. Horton: Mr. Mayor. Mayor Suarez: We are adjourned. Ms. Horton: I would not ask you all to do that. I would ask you all to respect people. You know... Mayor Suarez: Ma'am, we have taken this item out of turn. We have heard from the representatives for, I don't know, 45 minutes, whatever it is. You want a clarification, sir? -point of order. Mr. Maurice Wallace: Yes, please, Mr. Mavor... Ms. Horton: You all kept him up there talking to him. Mayor Suarez: Please. Mr. Wallace: My name is Maurice Wallace, I'm the executive director of the Metro Miami Action Plan. Unfortunately, our item was placed on the agenda with item 17 and we have people here who need to address the MMAP item, members of our board, former Commissioner Range and I would implore you... Mayor Suarez: Oh, I'm sorry, we're not disposing of item 17 as to your concern. We'll. take that up at 2:30. 73 May 24, 1990 Slow - Mr. Wallace: OK, we are a part of... _ Mayor Suarez: At 2:30 we'll reconvene and, yes, you may address that. We have heard your item, ma'am, at length. I don't know if there's anything else you can add. You've had a most eloquent presentation by Mr. Tate. If you want to make a quick statement. _ Ms. Juanita Horton: My name is Juanita Horton and I'm a member of the old TACK board. Please, we have come here to bring our plight to you today and we =_ asked you for funds to help maintain public housing and it seems as if it's_ been a joke to you all. We watched you laugh and then we heard you say one... Vice Mayor Dawkins: I resent that. I resent that. _ Ms. Horton: I don't. care what you resent. It doesn't matter. I really doesn't matter what you resent. — Mayor Suarez: OK, finish your statement. Vice Mayor Dawkins: Finish your statement. Ms. Horton: And, after all, regardless of whether we live in low income housing or where we live, we are citizens. OK? And we're human beings and we are first class citizens. I even heard up here today that you all would decide who was first class citizens and second class citizens. You be careful what you say out of your mouth because voting time, we can take care it all. Mayor Suarez: All right, ma'am, thank you for your statement. f- Ms. Horton: And we intend to take care of you. _= Mayor Suarez: All right, we're adjourned until 2:30. Thank you, Stanley. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:05 P.M. AND RECONVENED AT 2:35 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER DE YURRE. ------------------------------------------------------------------------------ 16.1 (A) (Continued Discussion) PROPOSED SECOND READING ORDINANCE ESTABLISHING NEW SPECIAL REVENUE FUND: COMMUNITY DEVELOPMENT BLOCK GRANT (SIXTEENTH YEAR) - DIRECT ADMINISTRATION TO CONTINUE ITS PRESENT POLICY TO LEND TWO STAFF INDIVIDUALS TO CONTINUE TO ASSIST THE M.A.A.P. PROGRAM. (B) APPROVE REQUEST FOR GRANT FOR $250,000 TO MIAMI CAPITAL FOR ADMINISTRATIVE SUPPORT. (C) EARMARK ALL VOLUNTARILY PROFFERED CONTRIBUTIONS TO THE CITY FROM PLANNING AND ZONING ITEMS FOR A SPECIAL FUND TO ASSIST IN FUNDING REQUESTS BY DADE COUNTY HUD. (D) SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: COMMUNITY DEVELOPMENT BLOCK GRANT (SIXTEENTH YEAR) - APPROPRIATE $11,081,000 FOR ITS EXECUTION - APPROPRIATE $1,200,000 FRO14 SIXTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME (See labels 16.A-B). Mayor Suarez: Commissioner Plummer. Commissioner Plummer: Just for the record, as 1 indicated you earlier by memo, I will have to leave these chambers this evening, Mr. Mayor, a few minutes before 8:00 p.m. I'm sorry for having to do that, but I have a brother in Tallahassee and there's only one funeral director at the funeral home. And my clients don't wait. So, I will be departing - no hurry, right? Mayor Suarez: We really should complete. Conmissioner Plununer: I'll be leaving... Mayor Suarez: ...any items relate... 74 May 24, 1990 Commissioner Plummer: I'1.1 be leaving a little before 8:oo o'clock, Mr. Mayor. Mayor Suarez: Any items related to what we'd otherwise be ready to allocate - the CDBG funds and I guess we get to hear... yes. Is it MMAP? _ Commissioner Plummer: Yes. Unidentified Speaker: It's the Metro Miami Action, Mr. Mayor. Mayor Suarez: Not Miami Capital too? Please. Mr. Wallace: My name is Maurice Wallace as I indicated earlier. I'm the executive director of the Metro Miami Action Plan. Our address is 19 W. Flagler Street, suite M-106. Mr. Mayor and Vice Mayor, members of the Commission, I'm here in furtherance of a letter that was forwarded to you all by our board chair person, Dr. Marzell Smith, in regards to the continued support of the City of Miami and inclusive in that letter was a summary of the accomplishments of the program which we were urged to compile and submit to you all so that we could make you all aware of exactly what it was that we were doing. If I may, I would like to take a moment... Mayor Suarez: Our contribution has been in the form of two loan executives or employees, is it Commission... Mr. Wallace: In the form of personnel of loan executives, yes, sir. Mayor Suarez: And, Mr. Manager, is that - what would we do if we didn't this year follow that same.... Mr. Odio: That's not the way it was done. We gave them a grant of $100,000. Then they reimbursed the City for the two staff persons that they have. But they actually get monies from CDBG and then refund uG. Mayor Suarez: Supposing, as a hypothetical, we didn't fund them, they weren't able to maintain these two people on staff. What happens to those two people? Mr. Odio: They would have to roll back. Mayor Suarez: They revert back to City employment and cost us roughly $100,000, don't they? Mr. Odio: Well, they are in Community Development and they would have to roll somebody out. Mayor Suarez: Or we'd have to figure out a way to lay off. Mr. Odio: That's right. Mr. Wallace: Mr. Mayor, if I can, I need to point out a point of clarification because I think that there is a obviously some information that is unclear. I'm not aware of a grant being provided to our program in which we were making any reimbursements to the City. The staff persons who were on loan to the Metro Miami Action Plan were employees of the Department. of Community Development. Mayor Suarez: I guess there may be a structure of a pass through but it's a net, no gain to you, and, basically, you're having, in effect, loaned executives or loaned employees, which... I don't know that we ought to quibble with that. Mr. Wallace: 'Those staff persons, as I understand it, are being funded, in part, by monies received from the federal government through CDBG monies, OK, and I explained to the Manager in terms of preparing necessary reports for them, that that seemed to have been something that was in somewhat of a conflict and as such, in Light of some continued conversations that we had, in conversations that I had, with Mr. Castaneda, I thought that we had pretty well cleared that 11iaLter up, OK. And that we left that conversation with them assuming that - thinking and believing, OK _. that, the matter was clear and that we had the City's support. But I was not aware and I'm not aware, even at this time, even under a pass through situation, where anything is coming to 75 May 24, 1990 1 4 us that. is being reimbursed for the City. It's just a fact that two executives, by way of whether it's funding - their salaries are being funded from are assigned to the Community Development Corporation. Mayor Suarez: They don't appear in your budget as... Mr. Wallace: They do not appear in our budget at all other than as a foot note that they are loaned executives from the City of Miami. Mayor Suarez: Somebody better square off the accounting, assuming we do the. same thing. Want to address this point? Please... Commissioner Plummer: Well, can I ask - cut through all of this, if possible, Mr. Manager. Mr. Odio: Well, they are here because they were not funded under CDBG... Commissioner Plummer: Yes, but suppose that there was a deal cut. That sounds bad but I don't know how else to put it. There was a negotiated settlement in which, supposedly, they were told by Mr. Castaneda that it was coming out of CDBG funds and was going to be put into the general fund and they went along those lines. Now, you know, in my estimation, a man is no better than his word. If he has to break his word, at least lie has an obligation to go back and explain why. Now, that gave them the unpretentious position of not being able to go in and fight. I mean, which every body had the right to do before this Commission to go in and fight for funds. So tell me... Mr. Wallace: Mr. Commissioner ... Commissioner Plummer: No, let me hear from the Department of "botellas" here. Mr. Frank Castaneda: Commissioner, the situation is this. We have argued in front of HUD that this was an... Commissioner Plummer: OK, that they're not a proper funding under that title fund and we understand that. Did you make them some kind of a deal? Mr. Castaneda: Commissioners, what I discussed with the Manager was to take some money to fund some activities eligible with the general fund and to use that freed up general fund to do that type of activity and that... Commissioner Plummer: All right, so where did the fly get in the ointment? — Mr. Castaneda: Well, the fly got into the ointment in that the Commission =_ requested that that posture be taken in relation to the public service in order not to cut the public services program. And that's... - Commissioner Plummer: But we weren't told that when we did it. Mr. Castaneda: No, that is correct. But that created a... Commissioner Plummer: Nor were they told they were not going to get funded _ where they could go and fight. Mr. Castaneda: No. That's why... Commissioner Plummer: So you're leaving them out in the cold. _— Mr. Castaneda; No, no... —t Mr. Odic): That is correct.. That's where the misunderstanding came in, but �4 the fact is that we went the basis of recommendations of fund that was based on your policies that feeling, you know... 76 May 24, 1990 a 1*4 NOTE FOR THE. RECORD: Commissioner De Yurre joined the meeting at 2:37 p.m. Commissioner Plummer: Well, Mr. Manager, that's important, there's no question about that. And I think that in this particular case - and I'm speaking for one member of this Commission - maybe others feel the same way or they don't. This is not a situation which they're asking for something we don't have and that's hard dollars. We have two employees that have been here that work well there and as far as I'm concerned, I think we ought to continue it to bring and assimilate those two employees back into the City of Miami at this point is a different ball game and I'm in favor of keeping your word to these people, at least for this coming year. Now, I'm not going to gay that after this year. I want you to know that. Mr. Odio: I think we should be notifying everyone that there will be no funding for next year for anyone if we mean what we're saying. Commissioner Plummer: Well, Mr. Manager, we're going to find ways to take care of the hungry and the sick and those monies are designated for that. Mr. Odio: That's covered in CDBG. Commissioner Plummer: That's correct, sir. Mr. Odio: But I also want to remind you and... forget that Community Development is .requiring today $900,000 from the general fund to balance their budget and I have instructed him that for next year he gets zero dollars from general fund so... Commissioner Plummer: Well, even that's too much. I'll make a motion at this time, if no one else has questions, that the City continue its policy and live up to the word that the administration gave and remain those two employees on loan to MMAP as they have in the past. I so move. Commissioner Alonso: Second. Mayor Suarez: So moved and seconded. In the spirit of the motion that this is supposed to be something very possibly for a year, I would hope, Mr. Manager, that next year we won't be confronted with the same impasse here, whether these employees otherwise go back to the general fund and instead, we figure out a way, if we think that they should not be allocated to this and should be City employees, to have them do some other function for us. Mr. Odio: My plan is to really.., the fact is, we're going to reduce the number of employees in Community Development for next year. Mayor Suarez: That's what I gather. Commissioner Plummer: Well, and I want to put MMAP on record, you hear what j we're going through so don't think that next :ear you're going to be automatic. You'd better start doing some different thinking because this Commission is having to do different thinking. So, we give you a reprieve for this one year, if this motion passes. k Mayor Suarez: Call the roll please. The following ,motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-375 A MOTION INSTRUCTING THE CITY MANAGER TO CONTINUE, FOR ONE MORE YEAR, THE PRESENTLY INSTITUTED CITY POLICY TO =` ASSIGN TWO CITY OF MIAMI EMPLOYEES TO METRO-MIAMI �i ACTION PLAN (MMAP) IN ORDER TO ASSIST WITH THE CONDUCT OF THEIR PROGRAM. 77 May 24, 1990 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. r ABSENT: None. UNIDENTIFIED SPEAKER: We do want to thank you. Mr. Wallace: Thank you very much. Mayor Suarez: Miami Capital Development Corporation. Mr. Tony Crapp: Thank you. Mr. Mayor and members of the City Commission, I'm Tony Crapp, executive director of Miami Capital Development, Incorporated. We're located in the DuPont Plaza Center at 300 Biscayne Boulevard Way, suite 614. My purpose in appearing before you this afternoon is to address the allocation that's contained within the 16th year, CDBG allocation plan for Miami Capital Development. We are currently in the plan for a total of $940,000 for two projects. One of which is administrative support, the other is for capitalization of the City of Miami revolving loan fund. Our request for your consideration at this time is that the allocation of that money be changed to reflect full funding of our support request for administration of $250,000 and $690,000 being allocated to the capitalization of the revolving loan fund. So we're just requesting... we're happy with the amount of money we received, we're just requesting that it be reallocated between those two projects. Vice Mayor Dawkins: Why, Mr. Crapp, do we want... do you need to put more money into administration, sir? Mr. Crapp: All right. We have requested $250,000 for administrative support. We have developed our budget for next year based upon assuming those fundings being available. The need for that arises from the fact, number one, that we are suffering a restriction in our ability to use interest from the EDA revolving loan fund, to a 60 percent limit, from roughly seventy-seven and a half percent of that money, for this year. That is going to impact the agency negatively in the amount of $40,000. In addition, we have suffered an increase in operating cost which we have not been able to compensate for inasmuch as we've been funded by the City at the same amount previously for the past two years. Mayor Suarez: Tony, wasn't that percentage of the EDA requirementfor administration agreed upon to be a higher percentage by a compromise that was reached about a year ago? Or is that now... Mr. Crapp: That has now run its course. Mayor Suarez: It's run its course. Mr. Crapp: We have submitted a request to have that reconsidered, but as it stands right now, we're looking at a 60 percent reduction effective July 1st. Mayor Suarez: What's the shortfall between seventy-seven and sixty in terms of the total interest obtained that would be otherwise available for administrative? Mr. Crapp: Roughly $40,000. Mayor Suarez: And your shortfall is how much then? Mr. Crapp: Our shortfall, between what we are projecting to generate in program income in our total budget for next year is $250,000. The City funds the shortfall in our budgetbetween program income and what our total expenses are. 78 May 24, 1990 Mayor Suarez: What's the City's recommendation, Frank? Mr. Castaneda: Commissioners, our recommendation has always been to keep_ reducing administrative costs and for them to keep surviving out of the interest made out on the loans that they have. Last year, we allocated $190,000 and we recommended that that amount, be maintained at the same level. They are requesting the same amount of money, however, they are requesting an increase of $60,000 for administration and a decrease in the loan pool by $60,000. _ Mr. Crapp: That's correct. Vice Mayor Dawkins: But see, this is the same program that was in the Herald and we wonder why black businesses fail to be serviced and yet when the _ director stands here and tell us that he requires more funds with which to _ have more -for the lack of a better word- personnel, to service these needs, we have a hassle with it. Mayor Suarez: Are we still. talking about an accounting thing here? If he needs to take from monies available for lending $60,000 and put them over to administration if we can't get the EDA release on the maximum percentage for administration? Is that all that he's asking for, in effect? -we just allow him to reduce a little bit his lending capacity and increase his operating? Mr. Castaneda: Well, that might be, but he hasn't said that. Are you planning to increase your loan portfolio under EDA by $60,000? Mr. Crapp: I'm sorry, I don't follow the question. We're talking about... Mayor Suarez: I thought you just said on the record that the whole point is that they would reduce their lending capacity by $60,000 because they needed it for administration. So they'd be up to a quarter million. Mr. Castaneda: That's correct, but I understood that your question was that... Mayor Suarez: Is that all we're being asked to approve? Mr. Crapp: That's all. Mayor Suarez: If they can move it over from the... Mr. Castaneda: That's correct. Mayor Suarez: Whatever it takes to administer the program. You have a paper thin staff. How much staff do you have altogether? Mr. Crapp: We have a staff right now, including myself, of 13 personnel. Mayor Suarez: And you have - that includes secretaries, receptionists, loan =_ analysts... Mr. Crapp: That's everybody, that's the total staff. Mayor Suarez: ...and you're administering a program of how many millions of dollars in total loans? Nine million? Mr. Crapp: Total loans outstanding right now, over $7 million dollars. Over 120 outstanding loans currently. Vice Mayor Dawkins: I move it. Mayor Suarez: So moved. It has no impact on the general revenues, Mr. Manager. - Mr. Castaneda: This action doesn't. o; Mayor Suarez: All right. Commissioner Alonso: Second. Mayor Suarez: Second. Any aiscussion? If not, please call the roll. 79 May 24, 1990 _; _- 0- The following :notion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-376 A MOTION GRANTING FUNDING REQUEST FROM MIAMI CAPITAL DEVELOPMENT, INC., TO BE ALLOWED TO SHIFT ALLOCATION OF ITS CDBG FUNDS IN ORDER TO REFLECT FULL FUNDING FOR ADMINISTRATION ($250,000) AND TO REFLECT AN ALLOCATION OF $690,000 TO THE CAPITALIZATION OF THE REVOLVING LOAN FUND. 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: Is it understood, Commissioners and Mr. Manager and Frank, that if he does recover the additional monies from EDA (Economic Development Administration), that goes then into lending, please. Mr. Crapp: Yes, sir. Vice Mayor Dawkins: Loan fund. Mayor Suarez: All right and don't hesitate to work with us. They are still ender the Secretary of Commerce, are they not? Mr. Crapp: Yes, they are, Mayor Suarez: And we know who that is and we know that his son is running for Lieutenant Governor in the State of Texas and he's a very good friend of Stanley Tate's, some other notable people of that particular party and, you know, we maybe help you a little bit with that as we did last year. All right, we are through then, other than... Vice Mayor Dawkins: No. Commissioner Alonso: Item 40 is related... Mayor Suarez: Francena Thomas. Ms. Francena Thomas: Good afternoon, Honorable Commissioners, I would like to say that we are scheduled to make a presentation this afternoon, a personal appearance on behalf of our concern, but we were advised by staff to come to the end of this and make a presentation as well at the end of the CDBG because _ we didn't know how the other would go and they said we should come here. Most of you are aware of the kinds of services we render and our concern is the _+ funding for this year coming in. We have no funding for the services we render to the CDCs (Community Development Corporations) and what we're trying to do is to get what we call, the stop gap funding so we don't lose the organization or the structure that's working and we expect that next year the CDBG funding will include the technical assistance service that we render and that's one of the things we expect to be dealing with this, as well as we're looking at trying to obtain funding through other kinds of grants, but the cutoff and the turnaround time was just too short for us to assure funding for this year. And so we are asking that this be considered as a fundable activity because it's some... Mayor Suarez: Francena, if we recognize, Mr. Manager and Frank, that, in fact, the technical assistance to the CDCs and God knows, they need technical assistance, many of them, is being provided by GMU, and assuming that, you b: really have to... I mean, from our perspective, I know from yours, you are, -s 80 May 24, 1990 �s. that.... Wouldn't it mike sense to charge the CDCs five out of their fifty and ten percent or something for technical assistance to go through GMU? Mr. Castaneda: As the law is right now, that's an argument - we've argued that technical assistance should be an eligible activity. Mr. Odio: We have, Mr. Mayor, in a visit that I paid to Community Development _ in Washington, they were disqualifying some items that we had funded and _-- they're still disqualified, they wouldn't budge. Mayor Suarez: How many are in trouble out of ten or so that we fund? Mr. Castaneda: They all need some sort of technical assistance and so forth. HUD has taken the position that technical assistance to CDCs and administrative expense that has to be born out of the 20 percent and that would obviously have a definite impact on our administrative budget and, therefore... Mayor Suarez: For our own department. i Mr. Castaneda: For our own department. Mayor Suarez: Ah. There's a trade-off. What do you recommend? - Mr. Castaneda: No funding. Mr. Odio: We don't have any funds. This would be a general fund. Mayor Suarez: This would have an impact on general fund because it's =_ otherwise going as administrative costs into Community Development? Mr. Odio: Yes, in general fund we have no monies at all. Ms. Brooks: Do you mean to say, gentlemen... Mr. Odio: I mean to say that we have no monies at all. You should have been here this morning. Ms. Brooks: But let me just... may I make just one point. I'm deeply concerned about this because and I know that you're trying to help, I know what you're saying that this is your reality, but I contend that to not spend this money now will give you an added burden of money to be spent later because what the CDCs are doing, are things that you want done that are needed. Some of them are building houses and homes and they're doing a lot of things. They've gotten into a lot of different kinds of projects now and this... the point where they need the assistance so that they don't fall off the log. We have been working with them and so do you do? You cut off this funding and we're talking about for one year, just one year right now, to be sure that we can keep going until we can get the additional funding. Mr. Odio: Francena, everybody come and say they one year... well, the one _ year adds up to three million, and four and five million dollars. That's the problem, we don't have it. And I'm not kidding. Commissioner Plummer: How much are you looking for? Ms. Brooks: Ninety-five thousand. Mayor Suarez: And we cannot retroactively charge each of the CDCs three, four, five thousand per for this. Mr. Castaneda: HUD has... we've... Mayor Suarez: That's not allowable at this point. Mr. Castaneda: No, no... Mayor Suarez: Has that money actually been - I guess we're about to vote on second reading, is that what we're about to do? Mr. Castaneda: That's correct, Commissioner. �' 81 May 24, 1990 Mayor Suarez: Is there any of it that's not. allocated? I guess I shouldn't even bother asking that question, should I? Mr. Castaneda: No. Mr. Odio: Fact is, you asked us to find another 96 thousand dollars. Mayor Suarez: For which? Mr. Odio: To fully fund every program. Mayor Suarez: Oh, to recover the social service programs back to a hundred percent funding? Mr. Odio: That's right. Mr. Castaneda: Let me give you what you approved last time. _ Mr. Odio: So you took any reserves we had. Commissioner Plummer: No, a hundred percent of last year. Mr. Odio: No, no, no, you don't want to do that. Mayor Suarez: A hundred percent of last year. Not of request, that's for - sure. Ms. Brooks: What was the response on that? Commissioner Plummer: The monies that were available were used for the social programs of feeding and taking care of the sick. That was a surplus fund that we reinstated those programs back to the amount that they had last year. Those were the only monies we had. Mayor Suarez: No, that's assuming we find reserves, right? Commissioner Alonso: Yes, we did. Mayor Suarez: We did find them. Ms. Brooks: I don't think that... I don't contend that we're the line between survival and failure of all these, because of them, they will survive somehow, but I don't know the quality of the survival. I don't know the nature of the work they're going to be doing in some cases because we have, indeed, closed a... fill the gap for them in that arena and I think that they deserve a chance to really come up and build that capacity. Mr. Odio: We'll be glad to help out with any of our experts, so-called experts there and technical assistants that are already on board that are now helping some other CDCs with technical assistance. But monies we don't have. Ms. Brooks: Evidently, somehow we have to realize that the kind of assistance your people can offer may or may not be what is needed at that time by the people we're working with and I don't say that with any kind of arrogance or disrespect or disregard for the quality of service your people offer. But we had to bring people in from Washington and deal with very nitty gritty things like board organization, board responsibility, how do you make decisions and that kind of thing. I mean, really nitty gritty things that were needed and we've done that but they're at another level now and I am just unwilling to see them fail apart because you've got two other others that are going for you. Mayor Suarez: Two things, Francena, assuming that this doesn't carry, it does strike me as a bit of a self fulfilling prophecy aspect to this and I think that's what you're hinting at, that maybe, by not giving them technical assistance, we'll lose the ability to give theme any monies whatsoever. Worried about that and thinking of the fact that most of thr- CDCs, about the only ones that were successful for us are in affordable housing. How about trying to get LISC (Local Initiative Support Corporation) money or other enterprise foundation money? - do you... Are you receiving some of that at this point? Can we not... 82 May 24, 1990 Ms. Prooks: Some of them are. You know, the thing you've got to realize about LISC, and I'm a part of what brought LISC here on that group, and so I support it, but when a CDC can meet LISC standards and stand on their own, they may or may not need us. We're talking about those on the pipeline that are coming along and taking us... Mayor Suarez: Oh, before they Even become eligible for LISC. Ms. Brooks: Before they even become able to get LISC funds, many of them. And I don't - forgive me for being persistent on this. Mayor Suarez: There's a bit of contradiction there, because some of these have been around, almost all of ours have been around for seven, eight, ten years getting grants way back from the sixth year all the way to the whatever year we're in now, 14th of 15th and they're not embryonic, they're there, Ms. Brooks: Well, I'm not saying that they're embryonic, I'm saying that they did not... listen, let's go back.. Mayor Suarez: They don't have their act together, we agree on that. Ms. Brooks: Yes, when they started, you know, the legislature threw that $1.1 million out here and said, do something. And they had no backup or no support systems there to work with those people as they came along. Some of them were able to recover and to go back to work and get some help because of kind of leadership they had. Some didn't have good leadership. And some of them are still wasting money and I think that we can probably help with that and save money. Mayor Suarez: It seems like the hard decisions should have been made on first reading or prior to first reading to decide if some of these should not be funded and give the money over to an agency that can help the other ones with technical support; we didn't make that hard decision. OK, anyone want to move anything on that item? If not, does anyone want to move item 17 so that we get... Ms. Anne Marie Adker: Mr. Mayor... Mayor Suarez: Yes, Anne Marie. Ms. Adker: Before you move on, you're still on the community development block grant funding? Mayor Suarez: Yes, ma'am. Ms. Adker: What I need from you, Mr. Mayor, and the Commissioners is an outline of what is happening with the overall community based organizations. I'm specifically speaking of New Washington Heights. I talked with... Mayor Suarez: Oh, what is a quick rundown of the ones we're funding, Frank? - New Washington Heights is being funded, I think. Ms. Adker: Yes, Mayor Suarez: Although we're all mindful of the fact that they're awfully close to the end of the rope in terms of getting their project off the ground. I don't know if I'm speaking just for myself. Ms. Adker: That's why I need to know because talking with Frank Castaneda, he doesn't want to be the bad boy to cut them off so that's why he's funding the six months. Mayor Suarez: I know. This year I think we made the decision to fund them one more year based on the representation, this is New Washington Heights, based on the representation of Jack Mulvena and company, that they have an important co -venture, etcetera, etcetera, but they still seen to have a very tough time putting together that financial pats „-,e. Ms. Adker: Is there any way possible that I call get: in writing from Jack Mulvena, and I understand Herb Bailey, how far this project is. My interest is as... 83 May 24, 1990 Mayor Suarez: If you get that, you're going to be a real magician, because we've been trying to get assurances on that now for about three years and each year it iust seems, you know, we get promises and promises. Ms. Adker: No, I said... Mayor Suarez: I guess nobody want to give up on it because it seems like a very exciting project but it's a tough one to put together. Ms. Adker: I sit as the representative to the Community Development Advisory Board from Overtown. Nobody talks to me. I didn't see the proposal until I got in the meeting. I need to know something. Vice Mayor Dawkins: Is there any way, Mr. Manager, that you can schedule for a discussion item progress on the... Mayor Suarez: Washington Heights. Vice Mayor Dawkins: ...the program so that Mrs. Adker can come down here and be told what it is at the next meeting on the 7th? Mr. Odio: Yes, sir. Vice Mayor Dawkins: Is that all right, Mrs. Adker? Ms. Adker: That's fine, I'll sleep tonight. Vice Mayor.Dawkinst All right, we'll schedule it as a regular Commission item and please come prepared to tell Mrs. Adker and the rest of us the status of the New Washington Heights project so that we can all of us know what we're doing. Mr. Odio: That's the hotel thing.... Vice Mayor Dawkins: Yes, please. Mayor Suarez: Don't hesitate to go to the Off Street Parking Authority too. They're the lead agency on that and their board ought to hear from you. Mr. Tate: Mr. Mayor, before you vote on 17 again, I don't know whether... Vice Mayor Dawkins: Pull the mike up, Stan. Mr. Tate: Thank you, Miller. I don't know whether or not the specific request I made this morning has to be exempted from it or is a separate item procedurally and I again request any amount of money, whatever you can allocate for that specific purpose. Mayor Suarez: There was one amount, I guess, but not for face-lift purposes. It was for security for Rainbow Village, $39,000, I think. Mr. Tate: Um hm. Mr. Odio: $39,600 is here. Commissioner Alonso: That was included. It is included, thirty-nine something. Mr. Castaneda: Six -fifty. Commissioner Alonso: Yes, that's part of what we approved last time. Mr. Castaneda: That's correct, Commissioner. Coiranissioner Alonso: It's very little. Vice Mayor Dawkins: But if we expect to get money, quote, unquote, from the Governor for security, quote, unquote, why can't we take $39,000 and give it to Mr. Tate for what. he's trying to do and see if we can get started? Commissioner Alonso: Commissioner, we are going to get money from Tallahassee. He can attest to that, that is true. 84 May 24, 1990 2 Ell Mr. Tate: Right. Commissioner Alonso: We are going to get some money from Tallahassee. Vice Mayor Dawkins: So, why don't we take the thirty-nine? Why don't we take... Mr. Tate: I'm not sure you can reallocate those monies though, they're for security monies. I mentioned to you again, our budget for next year for security from $600,000 this year is going up to $2 million with HUD with Dade County and all you do is... any of ,you all have to go out to any of the low cost subsidized housing or moderate income housing projects to see what the needs of security are out there. I used to go out there by myself at night. Most of the residents know me. I no longer go there alone. I go with at least a Metro patrol car and they all know I'm only there as a volunteer, so it's kind of scary. So, security is a real problem. But, you know, what I'm looking for is hopefully... I asked for $3 million and I'll take any part of It for beautification. The most important thing that those areas need to enhance, not only this specific project, but to enhance the entire Overtown and these other moderate and .low cost housing projects. Commissioner Alonso: Yes, I'd also like to say and I didn't say this in the morning because this is a project that I'm trying to get underway and I'm so committed to the security in public housing that I'm working as a private project to have a concert, the City of Miami Orange Bowl, in order to get money for public housing and I'm working to have at least two or three concerts and I think that the private sector can help on this endeavor and if we sell tickets, $10 or $15, when they are paying twenty-nine, thirty and we are going to have the artists come and play for the sake of giving this money to public housing and to do it for free and I'm sure that we're going to get some money from that. At least I'm sure we are going to have forty, forty- five thousand people coming to this event and it will be some money that it's going to be directed to help and what you're asking, for security in public housing, and I'm very committed to that and I'm working and I have already obtained support of many people in the community that see this as a great necessity as well as I do and I encourage all of my fellow members of. the Commission to work with me on this project to make it a reality. Mayor Suarez: And by the way, the Board of Realtors has been touted as being willing to help with face-lift of presumably graffiti - properties affected with graffiti - I would hope that they would turn their attention having not been too successful in that volunteer proposal into public housing face-lifts because they're there, presumably they have some resources and they're quite powerful. There's 3,000 of them, I think, in the State of Florida. Mr. Tate: Yes, I'm not so interested in them. I don't think they're quite as interested in face-lifting in the areas in which they don't do very much in selling. These are primarily black, low income areas and the realtors do not have a very lucrative involvement. Vice Mayor Dawkins: No desire to go.... Mr. Tate: Right. They really don't. Mayor Suarez: Test them. That way, they won't get written up in the Miami Herald any more as having proposed something and then people supposedly don't follow up on them. Maybe it's just they don't want to do the things that we really need, they want to do something else. Vice Mayor Dawkins: Mr. Mayor, before we go any further. Mr. Manager, who's over there from Public Works? Mr. Odio: The director. Mr. Luis Prieto: Yes, sir. Vice Mayor Dawkins: This morning one of the residents said that at. the New Haven project, there's no sidewalks and no drainage and we passed a resolution on 4/12/90 to go out there and do this construction. What's the hold up? I understand that the contract is in the Law Department. What's the problem? 85 May 24, 1990 Li Mr. Prieto- I don't know at this moment, sir, I'd have to find out. New Haven, you say? Vice Mayor Dawkins: Yes, well, the lady stood here this morning and say that when it rains, she can't walk out of her building. This doesn't make sense. Mr. Prieto: I'll find out, sir. Vice Mayor Dawkins: All right, then let me know when... M•r. Prieto: I will. Vice Mayor Dawkins: ...how quickly you can get that out of the Law Department and how quickly we can get this construction started because we've already passed it. Mr. Prieto: Yes, sir. Vice Mayor Dawkins: OR, the other thing is at 545 N.W. 30th Street, again, they say they got no sidewalks and no gutters. Mr. Prieto: What did you... Vice Mayor Dawkins: 545 N.W. 30th Street. Find out when we plan to put it in there and 67th Street and 12th Court. There's a large hole, sir, in the middle of the road and it's not our roadway, it's the County's roadway. Find out how you can get that hole repaired tomorrow. If you can't get it repaired tomorrow, let us know so the Mayor can call Mayor Clark and expedite that. Mr. Prieto: I will, sir. Thank you. Vice Mayor Dawkins: OK? Now, back to you, Stan. How we can come up with some money and... Mr. Tate: Well, I guess, and I don't want to be presumptuous, I guess if you allocated whatever monies you are comfortable for this specific purpose, it could be done and I certainly would not infer or to take it out of the Health and Human Services portion of the budget and CDBG which would be health and food. But there are other areas that can be taken out. I just think I know shrubs and painting doesn't sound like it's very important, but, you know, I've been in the real estate business for 42 years and when you want to impress, not only the people who are living there, but the people who are in the surrounding area, that's what it tales, and it will have a major effect, in my opinion, on the private surrounding property owners. Just look what you did in the arena area and how that's helped. Vice Mayor Dawkins: Let's do this then. Let's you and I sit down and figure out a way where you and this Commission can get together with the unions and see if we can't - and I'm just thinking off the top of my head - see if we cannot get the unions, the developers and other people who come down here before us, to donate the materials and what have you and see what we can do and on the 7th you come back and let's you and I... well, hell, you're talking about a project, I guess we're talking about $100,000. Commissioner De Yurre: You know, one thing that we could look at is, we can make a commitment now, if we want, of saying that the monies that we get donated by different groups when they come before us for zoning changes and things of that nature, that that money be earmarked for this program. And that way... Mr. Tate: That would be great. Mayor Suarez: I like that. I like that. Commissioner Alonso: That's great. Corrimissioner De Yurre: OK... Mayor Suarez: We've been putting a lot of money into trees, supposedly, into some kind of a tree fund. I never see the trees that come from it. 86 May 24, 1990 Commissioner De Yurre: So, you know, whatever we've got and let's make a commitment of X amount of dollars towards that and once we reach that limit, then we can start using the money for something else. So I'll make that into the form, you know, make that in the form of a motion. Mayor Suarez: Over the span of a year, it can reach into the hundreds of thousands of dollars, for sure. Commissioner De Yurre: OK, so that's my motion. Vice Mayor Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Vice Mayor Dawkins: But still come back on the 7th, Stan, let's find out what we've got, what we're looking at. Mr. Tate: I will. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-377 A MOTION DIRECTING THE ADMINISTRATION TO EARMARK FOR DADE COUNTY HUD AN AMOUNT TO BE DETERMINED BY THE CITY COMMISSION FROM VOLUNTARILY PROFFERED CONTRIBUTIONS TO BE PLEDGED TO THE CITY OF MIAMI DURING PLANNING AND ZONING MEETINGS. Upon being seconded by Commissioner Dawkins, 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: I'll entertain a motion on 17 then. Commissioner Alonso: Yes, so move. Mayor Suarez: So moved. As... Commissioner De Yurre: Second. Mayor Suarez: —allocated and stated and previously voted on. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT (SIXTEENTH YEAR)," AND APPROPRIATING $11,081,000 FOR EXECUTION OF SAME; FURTHER APPROPRIATING THE SUM OF $1,200,000 FROM SIXTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL OF $12,281,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 12, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote. 87 May 24, 1990 r AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10727. 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. NOTE FOR THE RECORD: Item three was deferred to 5:00 p.m. NOTE FOR THE RECORD: On motion duly made by Commissioner Plummer and seconded by Commissioner Alonso, item four was deferred to the next Commission Meeting by a unanimous vote. NOTE FOR THE RECORD: Mayor Suarez recognized former Miami Mayor, Bill Wolfarth, who was present in the chambers. ---------------------------------------------------------------- 17. DIRECT CITY ATTORNEY TO APPROACH REPRESENTATIVES OF ADMIIIISTRATION OF THE AMERIFIRST BUILDING (THE LANDLORD) TO REQUEST THAT THEY BE ALLOWED TO CONTINUE TO USE OFFICE SPACE AT THE PRESENT RATE FOR THE NEXT SIX MONTHS ON A MONTH TO MONTH BASIS. ------------------------------------------------------------------------------ Mayor Suarez: Item five, lease agreement with AmeriFirst for the Law Department. Commissioner Alonso: Yes, I'd like to make a suggestion that the City Attorney approach the landlord and make a suggestion for same rent, month to month, up to six months, to give us ample opportunity to finalize the question of the administration building. Mayor Suarez: So moved. Commissioner De Yurre: Theoretically speaking, and I'll second the motion for discussion purposes. I don't see anything happening. I don't know if we can get a better deal or not if it goes for a year, but if I don't see anything happening for at least a year where that they would have to move out no matter what we do with the administration building because by the time we makes a decision and we get things rolling, it will be, at the very least a year. So is there... Commissioner Alonso: Yes, but if we can get them to agree to the same rent, month to month, to up to si.x months, it's very convenient for us. We are gaining time and it helps us a lot. Right? 88 May 24. iQQn E. Commissioner De Yurre: I know, but what do you foresee... Mr. Fernandez: Yes. Commissioner Alonso: Save money too because it will be the same rent. Commissioner De Yurre: But what do you foresee happening in six months that, you know - I'm saying, do you see something happening in six months that... Commissioner Alonso: That we have saved six months and then we asked them six months till the end of the year and that's it. Commissioner De Yurre: OK, well as long as, you know, we get the same - we don't lose out by just getting six months so we have to pay additional rent or anything. Commissioner Alonso: I'm sure we're going to get an agreement. Commissioner De Yurre: Well, I'm sure - hey, what are they going to do, kick us out? How about some new carpeting there? Commissioner Alonso: Yes, same rent months to months up to six months. Mr. Fernandez: Yes, I have no problem with that. They will not make any improvements on the premises unless we commit to a two year lease so whether we do it for one year or we do it month to month, conditions are going to remain the same. Commissioner Alonso: If you can get them to say one year, month to month, and no increase, but I think six months would be more acceptable to them. Mr. Fernandez: All right. Commissioner Plummer: Start looking for something cheaper. Commissioner De Yurra: It doesn't get any cheaper, I don't think. Commissioner Alonso: Yes, that's what we want. Commissioner Plummer: I'm telling you, start looking for something cheaper. I'm still saying to you... Commissioner De Yurre: Yes, there's an old funeral home on Flagler and 13th that... Commissioner Plummer: No, no, no, leave that funeral home alone. That's sacred territory. it's now a church. I'm still saying to you that I think that the money, if we spent $306,000 in fixing up the Gusman Hall, we've got to subsidize the damn thing and we're subsidizing - how much, last year, Mr. Mayor, ah, Mr. Manager? A hundred and fifty thousand dollars. I think you can take the $306,000 that you're paying out in rent and you can, in fact, fix up the Gusman Hall - Gusman Building - which is our. facility... Vice Mayor Dawkins: Be sure you put an elevator in it. Commissioner Plummer: Put an elevator in it. Commissioner De Yurre: The building doesn't have an elevator? Commissioner Plummer: They're not automatic elevators. But, you know, I just think it's crazy to continue to pay out rent when we have a building that's only half full. Granted, it needs repair, granted it needs fixing up, but, damn it, it's our own facility. And we're paying $150,000 of subsidy that's not being taken care of.. Mayor Suarez: .lust, remember that when we previously disapproved what we had done before and awarded a franchise to somebody - or rather a contract - to somebody to fix it up, the estimated cost was 5.2 million, I think. Commissioner Plummer: Well, yes, they were going to make a skyscraper out of it. 69 May 24, 1990 E 11 Commissioner De Yurre: Well, how many square feet do you need, forge? Mr.. Fernandez: The operation of the City Attorney's office, combined with the administration of the self insurance trust fund, we need 18,000 to 19,000 square feet. Commissioner De Yurre: You're talking about 20,000 square for round figures... Mr. Fernandez: Yes. Commissioner De Yurre: How much would it cost to build that out? Mr. Odio: The - wait... Gusman Hall Building, I looked at it before. We talked about it and I remember it cost between $900,000 to a million dollars to fix up. Commissioner De Yurre: The whole thing? The whole building? Mr. Odio: Yes. Commissioner De Yurre: But what about if we just take 20,000 square feet? Commissioner Plummer: The whole building. Mr. Odio: How many square feet? Commissioner De Yurre: Twenty thousand. Mr. Odio: It's almost the whole building. Commissioner De Yurre: No, no, no. It's not the whole building. Mr. Jack Mulvena: Basically, there are 25,000 square feet distributed from the third floor up to the tenth floor averaging between two and three thousand. But there's about... Commissioner Plummer: Yes, but, Jack, even if you did that, you're talking about in the rough neighborhood of two years of rent in our own facility. We're paying out the three hundred, plus we're paying out the hundred and fifty. It doesn't make any sense to me. That's four hundred and fifty a year which is being outflow of the dollars and then two years, you've paid for the renovations. Mr. Mulvena: You're absolutely right. Commissioner De Yurre: Well, why don't we make a proposal... Commissioner Plummer: What I think we ought to do is instruct the Off Street Parking, who are the manager, to submit a set of plans to this Commission so we can approve them and get it fixed and move the law firm in there. Mr. Mulvena: Yes.... Mr. Fernandez: But, Commissioners, my... Mr. Mulvena: We're putting it in the CIP program this year. Commissioner De Yurre: Do we have air conditioning there? Mr. Fernandez: My request is that when you consider... Commissioner Alonso: ....old fashioned way, no air condition, why? Commissioner Plummer: They'll work better. Mr. Fernandez: When you think of your Law Department that you would consider us as an integral part of your administration and if the intent of this Commission is to have the administration together at one place for the sake of efficiency and operation and the like, 1 would suggest to you that it is my belief and it is the desire of all the members of my staff that we wish to be 90 tJay 24, 1990 closer and more accessible to all of the members of the administration and so if you were to put us any place else, again keeping us isolated from the remainder of the administration, perhaps the City would not be best served by that. However, I also want to put it on the record that I have no objections to following the directives of this Commission in terms of where you want to house the City Attorney's office. Commissioner De Yurre: Well, the bottom... Commissioner Plummer: The last City Attorney I had in his argument was, put me downtown near the courthouse. OK? She. OK? That was the last argument. Look, if we build a facility, which I doubt seriously that we will, but if we do, you're talking about: at least 30 months of construction, at least. OK? Now, what I'm saying to you is... Mr. Odio: Eighteen months. Commissioner Plummer: ...in those two years, we pay ourselves and even if you move out, we then have a first class building which, hopefully, we won't have to subsidize in the future. Commissioner De Yurre: You can rent it out. Commissioner Plummer: Exactly. So, as far as I'm concerned, let's get about the business. Now, the other question, Commissioner Alonso passed a resolution that this Commission, as I recall, was unanimous, in reference to parking. OK? That we would pay for anyone to use the Metror.ail. That we would no longer provide parking or subsidize parking on employees. Has that been implemented? Mr. Odio: No. Commissioner Plummer: When is it? Did you not pass that? Mr. Odio: Can't do it. Commissioner De Yurre: When was that? -- Mr. Odio: No. I don't remember that... Mr. Fernandez: No, no. Mr. Odio: ...Commissioner, it sounds good, but I never — Commissioner De Yurre: That may have been the Key West City Commission. Commissioner Alonso: No, we discussed... Mr. Odio: No. Commissioner Alonso: ...we discussed parking, but we never took action. Mr. Odio: No, and it is not possible. We have a... Commissioner Alonso: We never took action on that. Commissioner De Yurre: We didn't pass it. Commissioner Plummer: I'm sorry, I'm told it was Commissioner RanF;a and it did pass at this Commission. Commissioner Alonso: We discussed after it came the parking situation, but we never took any action. Mr. Odio: You take it for one and then you're going to have to increase the deficit at the parking garages and then we have to.... Commissioner Alonso: I don't know if prior you took action, you did? Commissioner Plummer: No, no, no.... Mr. Odio: At parking garage number five? We paid deficits. 91 May 24, 1990 0 Commissioner Plummer: Mr. City Attorney. - Mr. Fernandez: Yes, sir. Commissioner Plummer: Your $300.000, how much of that money is paid out for parking? Mr.. Fernandez: Our budget for parking is approximately seventy to eighty thousand dollars a year. Commissioner Plummer: Mr. Manager, what do we pay for parking in the DuPont Plaza? About $40,000. Mr. Manager, what do we pay for parking for the DDA? Mr. Odio: I don't pay that, but I... Commissioner Plummer: It's paid from City tax dollars, any way you want to hack it. Mr. Odio: We have to provide... Commissioner Plummer: This City is putting out right now the last number that I heard approximately $300,000 for parking for City employees. Mr. Odio: Which we must provide. Commissioner Plummer: No, we don't have to provide, I'm sorry. Mr. Odio: Yes, we do. It's part of the contract. Commissioner Plummer: Mr. Manager, when you go to the poor house, don't cry. OK? Mr. Odio: No, no... you know, it has always been that way, Commissioner. Commissioner Plummer: Sir, I think the plan of providing people with Metrorail, which was cheaper, it didn't create the problems that we are having in the downtown area, was a splendid idea. Mr. Odio: If you live near the Metrorail stations in Kendall, it's a good idea. Commissioner Plummer: It's why we have... Mr. Odio: If you living at... Commissioner Plummer: That's why we have the park and ride, Mr. Manager. Remember, Mr. Manager, a hundred million dollars of subsidy to Metrorail is paid for by you and I also. Commissioner Alonso: It is. Mr. Odio: Well, but, you know, it's always... it is not the bur... Commissioner De Yurre: You know, the problem - you take the Legal Department, for example. Commissioner Plummer: Hey, look.... Commissioner De Yurre: When you have an attorney that has to be traveling around to meetings and things, you know, how is he going to get around? Or our employees? Mr. Odio: Why are you putting... Mr. Fernandez: And depositions and... Commissioner Plummer: I am going to tell you, Mr. Manager, you got $300,000 you can blow? Mr. Odio: No. 92 May 24, 1990 Commissioner Plummer: 'you're doing it. Mr. Odio: We have to. If we're not going to provide an office building for the employees to work from and have decent parking we must provide that. Commissioner Plummer: I didn't say not provide an office, I didn't say that. Mr. Odio: We must provide that. Commissioner Plummer: I didn't say, don't provide them an office. Mr.. Odio: Well, it's not the employees fault- that they have to drive into the DuPont Plaza or the Olympia Building or wherever the hell we have the buildings around here. It's not their fault. So, therefore, we must pay until we can correct that situation. Commissioner Plummer: Mr. Manager, I am not finding fault. I am trying to find ways to save money. Mr. Odio: Pine, authorize a building of a new administration building where we can consolidate the office and have the parking right accessible to them. Commissioner Plummer: Well., let me tell you, I hope that goes to a referendum of the people because they've told you already four times they're not going to stand the gaff of a new building. OK? Mr. Odio: Commissioner, we're paying $1,700,000 a year in rent. With that. . Commissioner Plummer: Sure, because we're giving all the damn buildings away. Mr. Odio: We can prove to you that with that money we can finance our own administration building, and have our own building consolidated in one place. Vice Mayor Dawkins: That's why I... if we can pay for it, why we got to go to a referendum? Mr. Odio: You don't have to go to a referendum. Vice Mayor Dawkins: OK, I am curious, that's all. Commissioner De Yurre: Let me ask this since we're on the subject, Commissioner Alonso, when are we going to hearing from this issue? Commissioner Alonso: I'm hearing all of this discussion and I'm about to make a decision so probably, if not, I thought we were going to meet the 14th, now we changed to the 7th and I don't think the 7th will be a good occasion. The one after that. Conunissioner De Yurre: Yes, so like the first meeting in July? Commissioner Alonso: Yes. Commissioner De Yurre: OK, good. Mayor Suarez: All right, we have a motion and a second, do we, on the month to month for another six months? Commissioner Alonso: And will have parking. Mayor Suarez: Any further discussion on that? If not, please call. the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-378 A MOTION DIRECTING THE CITY ATTORNEY TO APPROACH THE LANDLORD OF THE AMERIFIRST BUILDING TO REQUEST THAT THE CITY Or MIAMI LAW DEPARTMENT BE ALLOWED TO PAY RENT AT THE SAME RATE PRESE14TLY PAID FOR THE NEXT SIX MONTHS ON A MONTH -TO -MONTH BASIS. 93 May 24, 1990 L] 2 Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. 18. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND; SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (FY 190) JTPA II-B - APPROPRIATE FTJNDS FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM - ACCEPT GRANT. -------------------------------------------------------------------------------- Mayor Suarez: Item six. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner De Yurre: Second. Mayor Suarez: Summer Youth Employment and Training Program. Commissioner Alonso: Six. Mr. Jorge L. Fernandez: Number six has been withdrawn. It's my understand... I'm sorry. No, no, no, I'm sorry. Vice Mayor Dawkins: Well, when did you all plan to tell us? Mr. Odio: No, no, we need six. Mayor Suarez: All right, we have a motion on six. We have a clarification that has not been withdrawn. Do we have a second? Vice Mayor Dawkins: Yes, De Yurre seconded. Mayor Suarez: OK, Commissioner De Yurre seconds. Any discussion? If not, please read the ordinance. Commissioner De Yurre: The former Vice Mayor. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (FY '90) JTPA II-B"; APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROGRAM IN THE AMOUNT OF $421,107 FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner De Yurre, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: 94 May 24, 1990 AYES: Commissioner Victor De Yiirre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10728. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Plummer: Just for the record, justify the emergency. The real excuse is, they didn't get to it and they didn't think in advance. Ms. Francena Brooks: No, you know, we have the 27 day lead time for items on the agenda which did not permit in time for the last meeting and we need to bring the staff on -board as soon as we can. Commissioner Alonso: I asked the same question. Ms. Brooks: Thank you. Commissioner Plummer: Poor excuse. Mayor Suarez: The emergency is the time will expire before we get to use the program. Commissioner Plummer: Poor excuse. 19. EMERGENCY ORDINANCE; AMEND 10021 WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND - INCREASE BY $750,000 AS A RESULT OF ADDITIONAL MONIES FROM SUCCESSFUL FORFEITURE ACTIONS, -------------------------------------------------------------------------------- Mayor Suarez: Item 7, another emergency ordinance. Commissioner De Yurre: Move it. Commissioner Alonso: Second. Commissioner Plummer: What does this, in effect do, besides establish the ordinance? Commissioner Alonso: To receive the monies... Mayor Suarez: Additional forfeiture monies to go to the Law Enforcement. Trust Fund. Mr. Odio: This puts $750,000 .into the kitty and then they have to come back with individual items to spend that money. 95 May 24, 1990 Commissioner Plummer: And where is the money coming from? Mr. Odic: From the confiscated funds. Commissioner Plummer% And where is that. money been up until now? Mr. Odio: What do you mean, this money? Commissioner Plummer: Yes, the $750,000. Mr. Odio: I don't know, where does the.... Commissioner Plummer: Where has it been up until now? Mr. Odio: It has to be in a bank somewhere. I mean, well... Commissioner Plummer: But, I mean, has it just been laying there? Mr. Odio: No, no. Commissioner Plummer: Obviously, this money just didn't drop out of the clouds. Mr. Odio: No, I'm sure... Commissioner Plununer: I'll ask, Mr. Mayor, that this... Mr. Odio: I'm sure it's in a bank account. In the City bank account and what they're doing now is setting them aside as a Law Enforcement Trust Fund and it can only be expended by coming back to you through the Law Enforcement Trust. Account. Mayor Suarez: We're just setting up the account with this ordinance? Mr. Odio: Yes. Commissioner Plummer: Joe, where has this $750,000 been up until today? Lt. Joseph Longueira: Yes, some of it is recent confiscations. It's unappropriated monies that has been - some of it's recent confiscations, some of it has been there. Commissioner Plummer: Where has it been up until today? Lt. Longueira: What account? In the bank, as far as I know. I can find out specifically. Commissioner Plummer: Has it just been laying there? Has it been drawing interest? Mr. Odio: If it sits in the bank, it draws interest. Lt. Longueira: Yes. Mr. Odio: What he's doing with this, is just saying this seven fifty can only be used through this account. Commissioner Plummer: How much more money do you have like this that you're not putting into this fund? Lt. Longueira: I believe unappropriated, it's going to leave about $350,000 is available. Mr. Odio: Let me ask you something - let me tell you something, Commissioner. I talked to the Chief last week. We had a squad - correct me if I'm wrong because I don't deal with police matter too much - that was going after confiscated money with a Customs and others and we eliminated that squad and we're running out of monies and I asked them to please... Lt. Longueira: We're going to .reenact it because Metro has been very successful, they got about six million dollars over the past six months working with Customs. 96 May 24, 1990 Mayor Suarez: You know, the question, if I understand it correctly, is very simply, lieutenant, directed at mechanically you seize presumably cash in this case, maybe could be some bonds or some other form of paper money, you deposit it in some account, do you? Lt. Longueira: Yes. Mayor Suarez: Or do you hold it until you have an ordinance of this sort in front of you? Lt. Longueira: No, it gets deposited in the account once it becomes the property of the City. Mayor Suarez: All right, and that account is presumably an interest bearing account? It doesn't have to be. There are many accounts that don't bear any interest. Lt. Longueira: I can find that out for you, but I believe it is. Mayor Suarez: All right, so we don't answers to that either and now, at this point, and this ordinance does what? It creates the appropriations mechanism but does not finally allocate the money yet. Lt. Longueira: Right. Some of the projects that you've been dealing with will be funded out of here, like the AIU intoxilizer that was earlier today. That money will come out of here. The patrol scheduling systems... Commissioner Alonso: The ones for the consent agenda. Lt. Longueira: Some of those items, yes. That money will come out of here. The combat auto theft program, that money will come out of here. These are programs that you've already approved. The safes and the TVs for the property bureau. Vice Mayor Dawkins: When we approved them, where were you supposed to get the money from when we approved them? Lt. Longueira: From the Law Enforcement Trust Fund. Now, we're appropriating the money to do that. Vice Mayor Dawkins: OK, somebody tell me, what the procedure is for the establishment of how you're supposed to use this money, for what, and why. Mr. Odio: I'll start with by saying that the only person that determines that, Commissioner, is the Chief of Police and he's going to explain to you the criteria. Vice Mayor Dawkins: I wouldn't care if it was the President of the United States. Tell me how it's done. Chief Warshaw: Commissioner, according to State Statute, the money can only... Vice Mayor Dawkins: State Statute? Chief Warshaw: Right. The money can only be spent upon the recommendation of the Chief of Police and the subsequent approval of this Commission. Without that, it cannot be spent. Vice Mayor Dawkins: And it does not say what itcan be spent on... Mr. Jorge L. Fernandez. Yes. Vice Mayor Dawkins: ...how it can be spent? Chief Warshaw: Yes, it does. Mr. Fernandez: Yes, yes, it does. Vice Mayor Dawkins: Well, then tell me what the statute says, sir. 97 May 24, 1990 Chief Warshaw: OK, the language in the statute identifies certain programs, namely, crime prevention, anti... Vice Mayor Dawkins: Crime prevention. Chief Warshaw: Right, drug prevention. Vice Mayor Dawkins: Drug prevention. Chief Warshaw: School Resource Officer Programs. Vice Mayor Dawkins: School Resource Officer? Chief Warshaw: Yes, and then the catch all phrase, "and any other law enforcement purpose." Vice Mayor Dawkins: All right, can you fund an activity more than once? Chief Warshaw: Yes. Vice Mayor Dawkins: From this fund? Chief Warshaw: Yes. Mr. Fernandez: Well, another restriction is that you cannot fund... Vice Mayor Dawkins: The statute says that? Chief Warshaw: Yes. What you... Vice Mayor Dawkins: So, in other words... Mr. Fernandez: You cannot substitute your general operation or monies that have been used from your general budget you cannot substitute these monies for those. Vice Mayor Dawkins: OK, now, if I can show that that's what we're doing, what then? Chief Warshaw: If you can show that we're doing what? -I'm not sure I understand the question. Vice Mayor Dawkins: Tell him what you just said, sir. Mr. Fernandez: That you're using these monies to substitute for what otherwise should be covered and has been appropriated from the general operation budget. Chief Warshaw: OK. There are some Attorney General opinions regarding what "recurring expenses" are... Mr. Fernandez: Right. Chief Warshaw: ...and those opinions state things like vehicles, weapons, uniforms, electricity for the building, rent, the kinds of things that a. genera], fund normally would support. You cannot use this money for those purposes. However, you can use them for programs that are not what would be considered normally budgeted items with general fund dollars. Commissioner Plummer: How much of this money presently is going into the SRO program? Chief Warshaw: I'm not sure, to be honest with you. Commissioner Plummer: You think it's none? Mr. Manager, how much money is this City paying in the SRO program? Chief Warshaw: School Resource Officers. Mr. Odio: We have a grant. I believe that's the one that... Chief Warshaw: Yes, there is a grunt. 98 May 24, 1990 Mr. Odio: ...that is three hundred and some thousand dollars. We don't pay... Commissioner Plummer: Grant, from where? Mr. Odio: I don't remember the source. Chief Warshaw: We'll get you the information. Mr. Odio: It is covered by... it is totally funded from outside source. Commissioner Plummer: From outside? Mr. Odio: It is not from City fund. It is not... Commissioner Plummer: The School Resource Officers? The officers in the school.? Mr. Odio: Inside the school system. Commissioner Plummer: In the schools, the officers in the school. Mr. Odio: I'm sorry, I'm thinking about crossing guards. I'm sorry. Commissioner Plummer: No, no, no. Mr. Odio: Inside the school? -I don't know. Commissioner Plummer: How much are we paying from the general fund today for the school resource officers? Mr. Odio: That, I have to find out because I was thinking of crossing guards. Chief Warshaw: And one other thing, Commissioner... Commissioner Plummer: Well, wait a minute, wait a minute, whoa, whoa! Let's don't go beyond that. If that money can be used for that. program... Chief Warshaw: It can be used for the program but it cannot be used to fund the salaries. The only salaries that can be funded from the Law Enforcement Trust Fund are for police officers who work exclusively in the attempt to get forfeiture dollars into the fund. You can't use it to pay salaries. Vice Mayor Dawkins: You're missing the point. The point is, if, at any time, school resource officers were funded from the general fund and you are now funding it from the Law Enforcement, then you are using Law Enforcement funds for school resource officers. Chief Warshaw: That would be correct. You'd be right, yes. Vice Mayor Dawkins: OK, all right. Commissioner Plummer: But we're talking about how much? Damn near $600,000 a year... Mr. Odio: Yes, I have to look. Chief Warshaw: In salaries. Mr. Odio: In salaries. Commissioner Plummer: In salaries alone. Mr. Odio: See, but I tried. You cannot relieve.... Chief Warshaw: But you can't use that... Mr. Odio: ...unfortunately, I say that, the salaries of our police officers with any of these monies. Even if we had $50 million dollars there. 99 May 24, 1990 Commissioner Plummer: What, happens if you start a new cadre of officers dedicated just to the School Resource Program? Chief Warshaw: You couldn't use the money to fund their salaries, but you could use the money to fund all other elements of the program, but not salaries. Vice Mayor Dawkins: Vehicles? Chief Warshaw: Vehicles, yes. Commissioner Plummer: And we have how many of those now present? There's 36 or 38? Chief Warshaw: I'm not sure how many there are. We'll have to get the information. I'm not sure how many we have right now. Commissioner Plummer: Well, why aren't we looking into transferring that cost over to the Law Enforcement Trust Fund? Mr. Odio: Believe me, every budget year we tried. I would love to use every single penny of this and relieve the general fund and I am told that we cannot do it. That this is as far as we can go by State Statute. Vice Mayor Dawkins: One more question then I'll be finished. When the gentleman from the Haitian community came down here and you're talking about prevention and drug prevention and what have you, they discussed that in the Haitian community, there was nothing for Haitian kids after school and it was thought that they would get monies from this fund to establish an after school soccer league. The money was passed by us, but instead of the Haitian community getting it, we gave it to the Police Department for the Police Department to run a program. Lt. Longueira: Right. Vice Mayor Dawkins: Why? Lt. Longueira: Commissioner, that program qualified under a drug education program. OK, we... Vice Mayor Dawkins: The Haitians could not run a drug education program? Lt. Longueira: Commissioner, the way they presented the program, no. They wanted us to pay for their coaches. We cannot do that. OK? Vice Mayor Dawkins: Wry? Lt. Longueira: Because we cannot pay for their coaches. They're looking... Vice Mayor Dawkins: If you can pay for the coaches in the basketball, I mean, a football team and the boxing team. Lt. Longueira: We don't do that, sir. We don't pay for... Commissioner Plummer: What about the boxing program? Lt. Longueira: Right, but salaries of POs aren't paid out of there. The boxing program, the expenses are paid out of the Law Enforcement Trust Fund, but not the salaries of the officers involved. OK? The soccer program wanted to pay for their coaches and stuff and what we told them was we want to use volunteers. Commissioner Plummer: Half a million dollars. Lt. Longueira: The only person we hired in that is a counselor coordinator and we're in the middle of hiring that person now. He's in the background process. Vice Mayor Dawkins: How many Haitian officers are on the force? Mayor Suarez: Two, four, three, four, something like that. 100 May 24, 1990 AAL Lt. Longueira: Maybe two or t.hre^, maybe a few more, sir - Vice Mayor Dawkins: Well, let's say three, all right? Now, if we can pay somebody who speak English, for the lack of a better word, out; of general funds, to run the boxing program, you could not take the sworn Haitian officers on the Miami Police Department to run a soccer league in Little Haiti? Lt. Longueira: Sir, we could have done that... Vice Mayor Dawkins: .All right, then, OK, that's all.. Lt. Longueira: ...but we continuously get asked why we have so many officers in the boxing program. We were looking for an expert that could coordinate and counsel. We have somebody that fits those requirements. We want to do drug counseling. We just don't want to have an athletic program. The athletics draws the youth, the program is drug prevention. Vice Mayor Dawkins: You could still put the police over... Hey, I'm going to say this and be finished with this. I'll say this and be finished. You could put the policemen over there and still have quote, unquote, a drug counselor. And that drug counselor could be free to work Citywide. It would not have to be locked into Little Haiti. So, if you're going to hire a drug ... you, in fact, we need more than one. We got drug problems in this total City of Miami so we need five or six drug counselors to go over the City. Lt. Longueira: Yes, sir. I agree with you. Vice Mayor Dawkins: I'm finished. Lt. Longueira: Mayor... Mayor Suarez: By the way, whatever restrictions the Law Enforcement Trust Fund legislation contains, you might want to suggest around there, it's all state creature. Mr. Fernandez: Yes, it is. Mayor Suarez: You might want to suggest modifications of the law around legislative session time as we're in now. Maybe we could have lifted some of those restrictions and have all kinds of flexibility to deal with all of this forfeiture money instead of all these hassles and all these, you know... Lt. Longueira: Mayor, we have... Mayor Suarez: ...strategems that we're using. Lt. Longueira: ...we have the answer on the interest bearing accounts. Chief Warshaw: Mayor, the process is that as we receive these monies and they're awarded to us, the day they're awarded they go into an interest bearing account through the regular finance system, the regular process. Commissioner De Yurre: What bank is that? What bank do you use? Chief Warshaw: I'll have to ask Mano, but they get deposited right in through the finance system, where the actual... Commissioner De Yurre: What bank do we use for that? Are we just using one bank for all monies that we have throughout the whole City? Mr. Odio: The general account.... Commissioner Plummer: Till we get that other thing made, we got the banks to choose from and we've never done it. Commissioner De Yurre: Where does the interest go to? Does it stay within the Police Department? Commissioner Alonso: Why yes, we instructed them to under the basis of the lowest bidder. 101 May 24, 1990 Chief Warshaw: The interest stays... Mr. Odio: It stays within the fund. Chief Warshaw: Yes. The interest accrues within the Law Enforcement Trust Fund. Mr. Odio: Within the law... no, no, no, within the law enforcement account. Chief Warshaw: Right. Commissioner De Yurre: OK. Chief Warshaw: And we monitor and audit that fund within the Police Department... Mr. Odio: Right, Chief Warshaw: Then, when we reach a certain level, an unmanageable level, five hundred, six hundred, seven hundred thousand dollars, we come before you to take those unappropriated funds and appropriate them subsequent to that we come back with resolutions on individual items. Commissioner De Yurre: Let me mention one thing that I learned in Tallahassee yesterday. The money for school crossing guards in many of the counties throughout the state are paid by the School Board and not by the local cities. Commissioner Plummer: That's right. It's almost $600,000. Commissioner De Yurre: Yes. Commissioner Alonso: They are paid? Commissioner De Yurre: They are paid by the School Board. Commissioner Alonso: And what about the ones that... Commissioner De Yurre: We pay. Commissioner Alonso: ...in our program that... Mr. Odio: We pay out of that.... Commissioner Alonso: Out of the grant that we receive? Mr. Odio: We pay it out of the fines we receive... Commissioner Alonso: Because there were several schools that did not have enough guards. Mr. Odio: We pay it out of the fines we .receive from the County on traffic fines. Our share of the traffic fine. Commissioner De Yurre: OK, well, but they get it from another source. Mr. Odio: Yes, and I wish we... Commissioner De Yurre: That maybe we should start doing something about that. Are we at a motion and a second? Mayor Suarez: Do we have a motion on this item? Commissioner De Yurre: We do. Ms. Hirai: Yes, sir. Commissioner Plummer: Let me just ask a question, Mr. Mayor. Reading from the backup material, why is it saying in here that the forfeitures amount to $5,117,9127 Lt. Longueira: Sir, that's from the inception of the ordinance to date. That much money has been confiscated over the years total. 102 May 24, i990 Commissioner Plummer: And how much of it. has been spent? You see, I... let me tell you what my problem is, you're asking me to give you the right to appropriate $750,000 and in the backup material you give me not anything here for what it's going to be spent for. Mayor Suarez: We're not at that point yet, are we, except for the... Commissioner Plummer: No, but I might disagree with it. Mayor Suarez: But this is just an accounting technique. We're just putting money into an appropriations budget. Are we doing anything other than that at this point? Commissioner Plummer: Anything under $4,500 they can buy whatever they want without approval of this Commission. Mayor Suarez: That.'s because of authority that we have given the City Manager, I guess. That's in the Charter, I mean... Lt. Longueira: Yes, only after you've created a program, a resolution that creates a program, like a drug education program, then we could do it. under $4,500, but that's a separate resolution that has to come back to you each time for the auto theft program, the boxing program. They're all separate resolutions. Mayor Suarez: Each item of expenditure is individually approved by this Commission, that's clear. All right... Commissioner Plummer: I'll tell you what I'd like to see, maybe the rest of this Commission, I'd like to see what you've done with the past money of the 5 million dollars. Mayor Suarez: Please provide that to each Commissioner. In the meantime, we have a motion and a second on this item, do we not, Madam City Clerk? Any further discussion? If not please read the ordinance. Call the roll. AN ORDINANCE. ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $750,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Alonso, for adoption as an emergency measire and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner De Yurre and seconded by Commissioner Alonso, adopted said ordinance by the following vote: 103 May 24, 1990 2 D. AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES. Commissioner J. L. Plummer, Jr. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10729. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ?FIRST ROLL CALL: Commissioner Plummer: Justify the emergency. Mr. Fernandez: This ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami. Commissioner Plummer: Is that a joke or is that a joke? Mayor Suarez: Not real specific, is it there? It's not very specific. Commissioner Plummer: Is that joke that you got to buy a TV camera for public health and safety? Lt. Longueira: Commissioner, those TV cameras are to watch the drug vaults at the police station. Commissioner Plummer: You didn't know about that 30 days ago? It's a hell of a way to run an airline. A hundred million dollar Police Department and you can't get your act together. Ms. Hirai: Your vote, Commissioner? Vice Mayor Dawkins: He votes yes, he votes yes. Commissioner Plummer: Oh, it is an extreme emergency. I vote yes. Mayor Suarez: Thank you. COMMENTS MADE DURING SECOND ROLL CALL: Commissioner Plummer: No, because I don't think it's an emergency. I voted for it on first reading. (Note: After calling the City Attorney as to the ultimate annotation of the above apparent voting conflict concerning Commissioner Plummer's vote, the City Attorney instructed the office of the City Clerk to reflect Commissioner Plummer's second roll call as his final and official position on this item.) Vice Mayor Dawkins: I'll be voting against a lot of those items that I pulled today, I want you to understand. When you come back next week, a lot of those items that you gotin here that you want to pay for with this money, I'll be voting against them. Commissioner Plummer: You've already for half of them this morning, in the consent agenda. Commissioner Alonso: You did. Mayor Suarez: Other than those, don't bring those up, please. We have passed those. 104 May 24, 1990 20. BRIEF DISCUSSION ON REMOVAL OF POLITICAL SIGNS AFTER ELECTION PROCESS. Commissioner De Yurre: Mr. Mayor, I just want to bring up a point that I discussed with the City Manager, today. And it has to do with the proliferation, and I just want to put it on the record because this is something that is disturbing to many of us, that proliferation of political signs all over Little Havana and most of our City of Miami. The funny thing is that, you know, it's in violation of the City code and it's judges, because it's all signs, I see a Judge this and Judge that, and they are violating our code and yet we do not do anything about it to clean it up. I think that, you know, I'm getting a lot of complaints, in fact, I heard about it up in Tallahassee also, yesterday. That people are complaining to our State representatives because the City is really dirtying up with all these signs all over the place wherever you turn. And I'll like to see if we can enforce our code and clean up our City which is the least that we can do for our citizens in the City of Miami. Mayor Suarez: And not to mention the fact that, some of those signs that were up were people from our opponents in the last campaign. I'd love to get rid of those signs so that I don't look at their names. I'm sure Commissioners Alonso and Vice Mayor Dawkins agree with me fully. Commissioner Plummer: It was my understanding that the Code Enforcement Board was going to send notices to these people putting them under a $250.00 a day fine. Commissioner De Yurre: The thing is J.L. not to send notices but to take them down, and if you knock on somebody's door... Commissioner Plummer: You can't take them., down off of public property - private property. Mr. Luis Prieto: That's right. Commissioner De Yurre: No. But if you knock on somebody's door and you tell them, listen, I either cite you right now or let me take it down, nine out of ten they are going to say, take it down. Commissioner Alonso: Oh, they'll be very happy. Commissioner De Yurre: Because they don't want any trouble. So if we can, you know, step up this procedure and just kind of knock on a couple of doors and... Commissioner Plummer: Victor, I asked that three months ago and they've done nothing. Mr. Prieto: As of last week, we have had all signs in the public sector removed. The only ones remaining, as far as we know - unless they have gone on recently, in this weekend, is... Commissioner De Yurre: They're private, - on fences, chain -link fences all over town. Mr. Prieto: Yes. If the chain -link fence is in private property... Commissioner Plummer: Have you gone and wrote them a notice of violation? Mr. Prieto: Not on chain -link fences because !trey are on private property. Commissioner De Yurre: But that's still violation, anyway. Commissioner Plummer: But that's still violation of the code. Commissioner De Yurre: Listen, it's a violation anyway, because those signs are like four by eight and I think the code only allows like four foot signs. Mr. Prieto: We'll go into the fences now, then. 105 May 24, 1990 Commissioner De Yurre: You know, let's get with the program. guys. Vice Mayor Dawkins: Along with the fences, at Northwest 41st Street and 17th Avenue, as you turn headed south to go up on the Expressway, it's a lot of signs there that should come down. Mr. Prieto: Northwest... Vice Mayor Dawkins: Seventeenth Avenue and 41st Street. Mr. Prieto: We'll send someone. Commissioner Plummer: No but you... Mr. Manger, we realize on private property, you cannot go and take down a sign. But by God, if it's in violation of code, you can go in and write them a notice of violation. Mr. Odio: We are. But if they don't take them down, all we can do then is bring them to the Code Enforcement Board and fine them and go on and on. Every single time, we have had a report or in the public right-of-ways, like you pointed out, you say nothing has been done, you pointed out on the 12th Avenue, in the five corners, and they were down, the next morning. Commissioner Plummer: There were seven down there. Commission- Plummer: They are down. Mr. Odio: And we took them down ,and I sent you the pictures. Commissioner Plummer: And they are back up again. Commissioner Alonso: No, no. It was clear. Mr. Odio: No. It is not up. Commissioner Alonso: Two days ago it was. Commissioner Plummer: But that last a day. Mr, Odio: Well, I guess we'll have to keep on going back. You know, that's the only way we can deal with politicians. Commissioner Plummer: Yes. But we sure as well know how to deal with ex -City Managers. Commissioner De Yurre: I'll just want to see something done about it. Mr. Prieto: Yes, sir. Commissioner De Yurre. Whatever it takes, you know, I mean like, there's got to be something that can be done. I think just a matter of going through and then doing it. Knock on doors, cite them, you know, start doing a little bit of this heated up work, to take them down. Mayor Suarez: OK. Accelerate the effort, please, so that we can see some results. 106 May 24, 1990 AIL 21. EMERGENCY ORDINANCE: AMEND CODE SECTION 54.5-1, 54.5-12(D)(3), 54.5- 12(D)(8) ANI) 54.5-15 - DEFINE PUBLIC AND PRIVATE EASEMENTS - PROVIDE REQUIREMENTS FOR ACCESS AND STREET FRONTAGE. - PROVIDE MECHANISM TO PERMIT ENCROACHMENTS ON OR IN RIGHTS -OF -WAY OR EASEMENTS. Mayor Suarez: I will entertain a motion on item 8. Commissioner Alonso: I have some questions. Dr. Prieto, could you give me some examples of how are you going to encroach on private easements and what kind of thing are you going to do? Give me an example on it. Mr. Prieto: Well, an example is a case that brought this to light. For example, Pan American Hospital had an easement with South Water Florida Management District, Water Management District never used that easement, but they had a right to use it. So they had the construction of an annex to the hospital, which in fact, they pulled permits for and they could not proceed until that easement had been evacuated from the property. The process that we presently have is very cumbersome, it means they have to go to replatting. As you know, replatting is a process that takes, sometimes six months. So, we will now define through this instrument, private easement, that will be a case of a private easement versus a public easement where the process should be a little more - going through the public involvement process of having presenting before the Zoning Board, presenting before you, Street and Platting. Commissioner Alonso: Platting was really extreme... thing to do. OK. Mr. Prieto: Yes. In this particular case, the Pan American Hospital has a lot of funds that they would stand to lose if they have to go through the replatting process, so we presented this as an emergency ordinance to get them off, but in fact, Jackson Hospital has the same problem and the Alanco property also has the same problem. So, it seem to be recurring a lot and this would eliminate this backlog. Commissioner Alonso: OK. No problem. Commissioner De Yurre: Are you just redefining the access or... Mr. Prieto: We're redefining... clarifying the word easement here and separating it into private easement and public easement. Private easement is where there is one entity that is the user of that easement, public easement is where the public in general have to use these. Commissioner De Yurre: OK. So, as a result of this ordinance, we may be giving easements, private easements to these entities that they don't enjoy at this point in time. Mr. Prieto: Not only ourselves. For example, in this particular case, Pan American Hospital and the South Florida Water Management District had this easement arrangement. That's an arrangement between them to, but since the word easement was so general, they were forced to replatting, regardless of what the agreement was. This now states that there is a private easement if that is vacated, like it has been, in the case between the Pan American and the South Florida Water Management District, no replatting is required. Commissioner Alonso: And of course... Commissioner De Yurre: OK. Now, but you're talking about an existing easement. Does this allow the creation of an easement, this process? Mr. Prieto: Of course, both. Creation of easement is still in the code. This merely redefines the word easement. Commissioner Alonso: And it could occur anytime. Commissioner De Yurre: OK. Commissioner Alonso: Dr. Prieto, this will not affect in any way, the existing properties that many times, because of the convenience of the project or what have you, you give five feet and the telephone lines go in the back of the property, or in the side or whatever. It will not affect any of those existing conditions? Mr. Prieto: No. That remains the same, it merely defines which will be a private which will be a public. Commissioner Alonso: OK. Fine, thank you. Mayor Suarez: All right. On item 8, then entertain a motion. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If. not, please state the emergency, read the Ordinance. Call the roll. AN ORDINANCE ENTITLED- A_N EMERGENCY ORDINANCE AMENDING SECTIONS 54.5-1, 54.5- 12 (D)(3), 54.5-12 (D)(8) AND 54.5-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DEFINING PUBLIC AND PRIVATE EASEMENTS; PROVIDING THE REQUIREMENTS FOR ACCESS AND STREET FRONTAGE OF A PARCEL, OR LOT; PROVIDING A MECHANISM TO PERMIT ENCROACHMENTS ON OR IN RIGHT(S)-OF-WAY OR EASEMENTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Alonso and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10730, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING SECOND ROLL CALL: Commissioner Plummer: For the record, state the emergency. 108 May 24, 1990 Mr. Prieto: Yes. The emergency is in this case, Pan AmFrican Hospital stands to lose substantial funds for their addition wings for construction... Commissioner Plummer: I vote, yes. ---------------------------------------------------------------------------------- 22 (A) EMERGENCY ORDINANCE: AMEND 9743 BY INCREASING RESOURCES AND APPROPRIATIONS TO THE PARK DEVELOPMENT FUND. (B) DESIGNATE BII,L WOLFARTH PARK AS OFFICIAL NAME OF CITY -OWNED PARK LOCATED AT 2000 S.W. 24 STREET. ------------------------------------------------------------------------------ Mayor Suarez: Item 9, Emergency Ordinance, Park Development Fund, increasing its resources by the amount of $130,132. Commissioner Alonso: Yes. We love donations, I so move. Mayor Suarez: Yes. So moved. Commissioner Plummer: Second. Mayor Suarez: Second. Any discussion? Please. Mr. Don Derez: I'll like to bring up something if I may, Mr. Mayor. My name is Don Derez, I am with the Silver Bluff Homeowners Association, I'm at 1852 SW 24th Street. Mr. Mayor, City Commissioners, - I got it right this time. In 1988 the City of Miami conducted a study of our neighborhood through the Miami Comprehensive Plan, and in Volume I, in our area, described as bounded by SW 16th Street, South Dixie Highway, SW 37th Avenue, which includes our Silver Bluff Homeowners Association, the study found that the citizens residing within this boundary have the highest percentage of homeownership in the City of Miami. Most importantly, one of the goals of the Miami Comprehensive Plan is to increase and improve the amount of open space and recreational opportunities within the neighborhood. The City has one third of an acre, over one third of an acre, of zone park land at 2000 SW 24th Street. The Silver Bluff Homeowners Association request that $15,000 of undesignated funds from the Park Development Fund be used to initiate the development of a park at 2000 SW 24th Street. Mr. Ruder and his staff at the Parks and Recreation and Public Facilities Department have supported the development of a passive park at that location. Furthermore, the Silver Bluff Homeowners Association is seeking grant funds with a proposal to the South Florida Water Management District for the enhancement of that park as a Xericscape showcase of drought tolerant plants and urban wildlife refuge. The association would like the Commission to name this park after a former City Commissioner, Bill Wolfarth, who is a longtime resident of our community, over 50 years and Mayor of the City of Miami, from 1949 to 1951. Within our neighborhood, there is not a single park or even a piece of open space, within that large piece of area. Please designate $15,000 of the undesignated funds for the development of Bill Wolfarth Park at 2400 SW 24th Street and improve the quality of living in our. community. Thank you. Commissioner Alonso: Can we include this in the motion? Commissioner Plummer: Sure, why not? Mr. Jorge Fernandez: No. Commissioner Alonso: No? Mayor Suarez: Or, we'll do it as a separate motion, either way, whatever is the easiest way. Manager recommends? All right. Take that as a separate motion first, Commissioner Alonso, if you want. Commissioner Alonso: OK. We do, and then I move to approve. Mayor Suarez: Want to pass the ordinance, first? Mr. Odio: We don't have the money in place until we pass the order. Mayor Suarez: All. right. Do we have a motion on the Ordinance, yet? i09 May 24, 1990 Mayor Suarez: Moved and second. OR. Give the, recently emergency and read the Ordinance if you haven't already done so. Mr. Odio: This is an emergency basis so that the funds are immediately in place for improvements to particular parks pursuant to request from the donors and involved community groups. If not, we would have to wait over sixty days. Commissioner. Plummer: They would have had to do some planning in the past. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9743, ADOPTED NOVEMBER 16, 1983, AS AMENDED, WHICH ESTABLISHED A SPECIAL REVENUE FUND ENTITLED "PARK DEVELOPMENT FUND", BY INCREASING RESOURCES AND APPROPRIATIONS TO SAID FUND IN THE AMOUNT OF $130,932; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Alonso and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Alonso and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10731. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS AFTER ROLL CALL: Mr. Odio: Mr. Mayor, I was going to say that we've been trying to avoid Emergency Ordinance, but it's my fault, since this month I had recommended that we only have one meeting, and we had things that had to be done. Mayor Suarez: In retrospect, it probably wasn't a good idea that day to have just the one meeting. OR. As to the specific allocation of funds for the Wolfarth Park. Commissioner Plummer: So moved. Mayor Suarez: All right, so moved. Any discussion? If not, please call the roll. That's just a Resolution, right? 110 May 24, 1990 Mr. Albert Ruder: Do you want to include the renaming of the park officially. Mayor Suarez: Yes. Commissioner Alonso: Yes. Of course. Commissioner Plummer: Very definitely. Miami Herald won't like that Bill, because you're still alive. Do you? You still have pets in the living room? Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION 110. 90-379 A RESOLUTION DESIGNATING "BILL WOLFARTH PARK" AS THE OFFICIAL NAME OF THE CITY -OWNED PARK PROPERTY LOCATED AT APPROXIMATELY 2000 SOUTHWEST 24 STREET, MIAMI, FLORIDA; ALLOCATING FUNDS TN THE AMOUNT OF $15,000 FROM THE SPECIAL REVENUE FUND ENTITLED "PARK DEVELOPMENT FUND" FOR THF, DEVELOPMENT OF SAID PARK BY THE PARKS AND RECREATION DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Don Derez: Thank you very much, Mr. Mayor. 23. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL. REVENUE FUND: SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1990 - APPROPRIATE FUNDS FROM U.S. DEPARTMENT OF AGRICULTURE (USDA) THROUGH FLORIDA DEPARTMENT OF EDUCATION - AUTHORIZE MANAGER TO ACCEPT GRANT. --------------------------------------------------------------------- Mayor Suarez: Item 10, Summer Food Service Program for Children. Commissioner Plummer: Move it. Commissioner Alonso: Second. Mayor Suarez: Moved and Second. Any discussion on item 10? If not, read the Ordinance and give us the reason for the emergency. Call the roll. Commissioner Plummer: Go away and sin no more. 111 May 24, 1990 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1990" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $248,678.00 CONSISTING OF A GRANT FROM THE UNITED STATES =_ DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY - ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT AND _ IMPLEMENTATION OF SAID PROGRAM, IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. - Was introduced by Commissioner Plummer and seconded by Commissioner Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Alonso, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10732. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 24. CONDITIONALLY AUTHORIZE METROPOLITAN DADE COUNTY, ON BEHALF OF THE CITY OF MIAMI, TO ADVERTISE FOR, EVALUATE AND ACCEPT BIDS OF VENDORS TO PROVIDE USDA APPROVED MEALS TO ELIGIBLE CHILDREN DURING THE SUMMER OF 1990. ------------------------------------------------------------------------------ Mayor Suarez: Item 11. Companion item, I gather. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved by Vice Mayor Dawkins. Commissioner Alonso: Second. Mayor Suarez: Seconded by Commission Alonso. Any discussion? If not, please call the roll on that item. Commissioner Plummer: We are not getting backin the Dietcraft, are we? 112 May 24, 1990 Unidentified Speaker: No. Construction. Commissioner Plummer: No, I'm in court right now with Dietcraf.t. They got me drug into court. Mayor Suarez: Call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-380 A RESOLUTION CONDITIONALLY AUTHORIZING METROPOLITAN DADE COUNTY ON BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE BID(S) OF A VENDOR OR VENDORS TO PROVIDE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE CHILDREN DURING THE SUMMER OF 1990 AND FURTHER, FOLLOWING CITY COMMISSION REVIEW AND APPROVAL AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO A CONTRACT(S) AND/OR AGREEMENT(S) WITH THE SUCCESSFUL BIDDER(S). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. ----------------------------------------------------- 25. SECOND READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS TO PROJECT: COCONUT GROVE EXHIBITION CENTER - RENOVATION AND EXPANSION (PROJECT 415002) AS CONTRIBUTION FROM MIAMI SPORTS AND EXHIBITION AUTHORITY. Mayor Suarez: Item 12. Commissioner Plummer: I moved it before, I'll move it again. Commissioner Alonso: Yes. Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please read the Ordinance. Call the roll. A14 ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED "COCONUT GROVE EXHIBITION CENTER - RENOVATION & EXPANSION", PROJECT NO. 415002, I14 THE AMOUNT OF $175,000, AS A CONTRIBUTION FROM MIAMI SPORTS AND EXHIBITION AUTHORITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 24, 1990, was taken up for its second and final reading by title and adoption. On motion of 113 May 24, 1990 a Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10733. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE AFTER ROLL CALL. Mayor Suarez: Would you mind in the future, it's not a big issue, restating that in terms of a transfer from a City agency to the City, not necessarily a contribution? That makes it sound like they are doing it out of the kindness of their own hearts. It might be misinterpreted by people as some kind of a donation or something. ------------------------------------------------------------------------------ 26. SECOND READING ORDINANCE: AMEND CODE, CHAPTER 54 (STREETS AND SIDEWALKS), AND SECTION 54-104 (NONSTANDARD STREET WIDTHS) - MODIFY WIDTHS OF CERTAIN STREETS. -------------------------------------------------------------- Mayor Suarez: Item 13. Second Reading. Commissioner Plummer: I moved it before, I'll move it again. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI. FLORIDA. AS AMENDED, ENTITLED 'STREETS AND SIDEWALKS' BY AMENDING SECTION 54-104 ENTITLED 'NONSTANDARD STREET WIDTHS', BY MODIFYING THE WIDTHS OF CERTAIN STREETS; ESTABLISHING AN EFFECTIVE DATE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 24, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Vice Mayor Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Conunissioner J. L. Plumner, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez. NOES: None. ABSENT: None. 114 May 24, 1990 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10734. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE AFTER ROLL CALL. Mayor Suarez: Make sure the record reflects the hand gesture by Commissioner - Plummer, the old time No. 1, Mr. "Tacano" and the history of the City of - Miami. - ------------------------------------------------------------------------------ - 27. SECOND READING ORDINANCE; AMEND 10642 - INCREASE APPROPRIATION FOR S.W. 6TH STREET STORM SEWERS (PROJECT 352252) - FROM 1984 STORM SEWER GENERAL OBLIGATION BONDS. Mayor Suarez: Item 14. Commissioner Plummer: I move it. Mayor Suarez: Moved. Vice Mayor Dawkins: Second. Under discussion. Mayor Suarez: Seconded. Vice Mayor Dawkins. Vice Mayor Dawkins: What's the amount of money left in this Storm Sewer Obligation Bond? Commissioner Plummer: Not much. Mr. Luis Prieto: Right. The total amount on the Storm Sewer... Vice Mayor Dawkins: Left. Mayor Suarez: What do we have left? Mr. Luis Prieto: Left. I think we have right now around seven million dollars left. Vice Mayor Dawkins: Seven million dollars? Mr. Luis Prieto: Yes, sir. Vice Mayor Dawkins: OK. Thank you. Mayor Suarez: Very good. OK. Has the Ordinance been read? Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATION FOR SOUTHWEST 6TH STREET STORM SEWERS, PROJECT NO. 352252, IN THE AMOUNT OF $105,000 FROM 1984 STORM SEWER GENERAL OBLIGATION BONDS, CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 24, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Vice Mayor Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 115 May 24, 1990 AYES: Commissioner Victor De Yurre Commissioner. J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE N0, 10735. 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. --------------------------------------------------------------------------------- 28. SECOND READING ORDINANCE; AMEND 10642 - INCREASE APPROPRIATION FOR MORNINGSIDE STREET IMPROVEMENTS - FROM 1984 STORM SEWER GENERAL OBLIGATION BONDS. Mayor Suarez: Item 15. Commissioner. Alonso: Move. Mayor Suarez: Second reading, $200,000 for Morningside Street improvements. Commissioner Plummer: Second. Mayor Suarez: Moved and Seconded. Any discussion? If not, read the Ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATION FOR THE EXISTING PROJECT ENTITLED "MORNINGSIDE STREET IMPROVEMENTS" IN THE AMOUNT OF $200,000 FROM 1984 STORM SEWER GENERAL OBLIGATION BONDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 24, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10736. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City ConLmission and to the public. 116 May 24, 1990 --------------------------------------------------------------- ------------.---_-- b- 29. SECOND READING ORDINANCE; AMEND CODE, SECTION 2-75(E)(4) - SHORTEN PRESENTLY INSTITUTED 45 DAY PERIOD REQUIRED TO BRING A ZONING VIOLATION BEFORE CODE ENFORCEMENT BOARD TO 30 DAYS. ------------------------------------------------------------------------------- Mayor Suarez: Item 16. Commissioner Alonso: Moved. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and Seconded. Any discussion on 16? I£ not, please read the Ordinance. Call the roll. AN ORDINANCE AMENDING SECTION 2-75(E)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY SHORTENING THE PERIOD BETWEEN THE DATE OF' A ZONING INSPECTOR'S OBSERVATION OF A ZONING VIOLATION AND THE DATE UPON WHICH THE PROPERTY OWNER WILL BE REQUIRED TO APPEAR BEFORE THE CODE ENFORCEMENT BOARD IN REGARD TO SUCH VIOLATION FROM FORTY-FIVE (45) DAYS TO THIRTY (30) DAYS, UNLESS OTHERWISE PROVIDED IN CITY CODE SECTION 2-394(C); CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 24, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Vice Mayor Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10737. 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. 30. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE, SUBJECT TO ELECTION, OF $30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT BONDS - CALL AN ELECTION FOR SEPTEMBER 4, 1990. ----------------------------------------------------------------------------------- Mayor Suarez: Item 18. Mayor Suarez: So precise... Director of Public Works. Mr. Odio: This is the election on the... Commissioner Alonso, Bonds. Mr. Odio: Local Street and Drainage Improvement Bonds. Vice Mayor Dawkins: I move it again so that the voters can tell us, no. 117 May 24, 1990 Mayor Suarez: So moved. Commissioner Plummer: From the last results, I've got a second or it doesn't go. Mr. Odio: Car I ask you a question? I've been thinking about this. We can recommend fifteen million and go for it, we would spend that in three years instead of... go to ten. Commissioner Plummer: I don't think it will make any difference. Vice Mayor Dawkins: Here we go again, playing games with the public. Mr. Odio: No. I'm not playing games, Commissioner. Vice Mayor Dawkins: If you need thirty million... - well, why in the hell are we asking for thirty million if we don't need thirty million? Mr. Odio: Because the thirty million are for a period longer of time, where if we cut down to fifteen, we would be shorted. Vice Mayor Dawkins: I withdraw my motion. Mr. Odio: No, no. I'm sorry I asked the question. Vice Mayor Dawkins: No. I withdraw my motion. I'm not going to be a part of hoodwinking the public. Mr. Odio: Now, you lost your fifteen. Vice Mayor Dawkins: Either they need thirty million, now you want to change it to fifteen because you think the public will vote for fifteen million, where they will not vote for thirty million. Mr. Odio: We can spend fifteen in five years, or thirty million dollars in ten years. Mr. Luis Prieto: May I clarify here? Commissioner Plummer: Well, you know... Commissioner Alonso: They said no in September '88. Commissioner Plummer: Yes. But I... Vice Mayor Dawkins: But, we have to give them a right to say no again. Commissioner Plummer: That's the point. You know, it doesn't cost us anything to have them, to have the right to say yes, or no. Commissioner De Yurre: Fifty thousand dollars. Mayor Suarez: Will this be accompanied by informational circulars, whatever that states... Commissioner De Yurre: True or not true? Commissioner Alonso: Well, that's fifty thousand later. Commissioner Alonso: We should give them... if this is in the ballot, we better give them information. Mayor Suarez: Wait a minute, because sometimes we end up getting God knows who, to do these - that state, what projects will be built and also the equivalent on a per day basis, or preferably per second basis of what it will cost the tax payers, like you know, one cup of coffee a day or something, that kind of stuff. Mr. Odio: Yes That will be done. Mr. Prieto: Yes. 118 May 24, 1990 Commissioner Alonso: Can we give them information that it's free public service? Mr. Prieto: Yes. In fact, we... Commissioner Alonso: And lots of it, like we did in that meeting, all through the City? Mr. Prieto: Yes, Ma'am. We are preparing a tape right now in English and Spanish. Mayor Suarez: All right. So what then to satisfy the concerns of the Vice Mayor? Is the recommended amount without... Commissioner Plummer: I'll move the thirty. Vice Mayor Dawkins: Second. Mayor Suarez: So moved and seconded by the Vice Mayor. Any discussion? If not, please read the Ordinance. Mr. Fernandez: Excuse me, Mr. Mayor. I need to be clear. The amount remains thirty million? Commissioner Plummer: That's what I said. Mr. Fernandez: All right. AN ORDINANCE - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION AS HEREIN PROVIDED, OF NOT TO EXCEED THIRTY MILLION DOLLARS ($30,000,000) LOCAL STREET AND DRAINAGE IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF LOCAL STREET AND DRAINAGE IMPROVEMENTS; CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION OF WHETHER SUCH ISSUE OF BONDS SHALL BE ISSUED; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 24, 1990, was taken up for its second and final. reading by title and adoption. On motion of Commissioner Plummer, seconded by Vice Mayor Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso Commissioner Victor De Yurre ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE 140. 10738. 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. 119 May 24, 1990 A 31. SECOND READING ORDINANCE; AUTHORIZE A BOND ELECTION TO BE HELD ON SEPTEMBER 4, 1990, CONCERNING ISSUANCE OF $30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT BOND. Vice Mayor Dawkins: Move 19. Commissioner Plummer: Second. Mayor Suarez: Moved and seconded. As to the amount and the purpose therefore. Any discussion? If not, please read the Ordinance. Commissioner Plummer: Wait, let me ask a foolish question real quick -like. Why isn't this entire project come with under the purview of Water and Sewer Department of Dade County? Mr. Prieto: This is storm utility. Commissioner Plummer: What difference does that make? Mr. Prieto: They only handle fresh water and waste water, sir. They do not handle storm water. Vice Mayor Dawkins: So what is storm water, but fresh water. Mr. Prieto: They are a separate systems. Commissioner Plummer: Is storm water, not rain water? Mr. Prieto: That's right. Commissioner Plummer: Isn't that fresh water? Mr. Prieto: Not necessarily, sir. First flush is contaminated water. Commissioner Plummer: OK. Thank you. Mr. Fernandez: We'll read the ordinance. Commissioner Plummer: Read the ordinance. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY. Commissioner Plummer: For the record. Mr. Prieto: Yes, sir. Commissioner Plummer: How much of this City do we presently have with Storm Sewers? Mr. Prieto: Right now, under new State and DERM rulings, let's say, about twenty-five percent, sir. Commissioner Plummer: That's all? Mr. Prieto: Yes. We used to be more, but in fact, in the last two or three years, a number of rul.ingG had come out of the State that had made some of our facilities, obsolete, unfortunately, sir. Mayor Suarez: How much is sanitary sewers? Mr. Prieto: Sanitary is presently, ninety seven percent complete. Mayor Suarez: What's missing? Mr. Prieto: All the South Grove, sir, and Watson Island. Commissioner Plummer: What about Virginia Key? 120 May 24, 1990 0 Mr. Prieto: Virginia Key does not have a storm sewer system. Commissioner Plummer: No, sanitary. Mr. Prieto; Does not have a sanitary. Commissioner Plummer: Well then, you can't say that it's... Mayor Suarez: Well, of the area that is populated, I guess. Mr. Prieto: The area that we have in Virginia Key is nonresidential or commercial. Mayor Suarez: Who makes a determination then on the sanitary sewering of South Grove? Mr. Prieto: I do, sir. Mayor Suarez: With some input from us, I take it. Mr. Prieto: Yes. Commissioner Alonso: I was going to put this for discussion but then the... Mayor Suarez: No. I just want to know. At this point, let's... Commissioner Alonso: .. neighbors of the area said they wanted to wait a little longer. Mayor Suarez: Exactly. Commissioner De Yurre: I'm in no hurry. Mayor Suarez: I know they don't want it, that's why I want it to come to us so they can let us know and... Mr. Prieto: They are preparing... Commissioner Alonso: It's possible to keep them off the sanitary sewers. Mr. Prieto: Not strictly. They would have to come to you, you would have to approve it, and then you would have to petition the County to remove it from the master plan. Commissioner Alonso: Exactly, but we can go through the process and finally being able to maintain Coconut Grove as they have it now. Mr. Prieto: Yes, Commissioner. Mayor Suarez: OK. I'm sorry then, the item that we are up to is item 207 Mr. Odio: Yes, sir. I'll like to amend that where it says, where the funds are coming from, it would be from the Public Works Department Budget. Mayor Suarez: OK. Have we... he seems so happy about it. We haven't called the roll on 19? Ms. Matty Hirai: No, sir. I would like to. Mayor Suarez: Have we read the Ordinance on 19? Mr. Fernandez: Yes, I did. I read the Ordinance. Mayor Suarez: Please call the roll on 19. 121 May 24, 1990 AN ORDINANCE - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING A BOND ELECTION TO BE HELD ON SEPTEMBER 4, 1990, WITH RESPECT TO THE ISSUANCE OF NOT TO EXCEED $30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREON; _= ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION; = ESTABLISHING A FORM OF THE OFFICIAL BALLOT FOR SAID ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH; AND =_ PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 24, 1990, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: _ AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso. Commissioner Victor De Yurre ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10739. 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. ---------------------------------------------------------------------------------- 32. ALLOCATE $25,000 FOR VOTER EDUCATION PROGRAM CONCERNING $30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT BONDS - ELECTION CALLED FOR SEPTEMBER 4, 1990. Mayor Suarez: Item 20. Mr. Odio: Again, let me repeat. The funds are from the Public Works Department Budget Mayor Suarez: OK. You can tell he's happy about that. I entertain a motion on it. Commissioner Plummer: Move it. Mayor Suarez: Moved. Mayor Suarez: I'll second it. It has no chance of passing without it. I'm not sure if it will pass with it. Vice Mayor Dawkins: Any further discussion? Cali the roll. _ THEREUPON MOTION MADE BY COMMISSIONER PLUMMER AND SECONDED BY = MAYOR SUAREZ, ITEM 20 FAILED BY THE FOLLOWING VOTE: AYES: Commissioner J.L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miriain Alonso Conunissioner Victor De Yurre Vice Mayor Miller J. Dawkins ABSENT: None. 122 May 24, 1990 Commissioner Plummer: Well, hold on then. Whoa! if you're going to do that, then I think we better go back and revisit the first two issues because - without some kind of an educational. program, I, as a voter would not vote for it. And as far as I am concerned... Vice Mayor Dawkins: Then, there's nothing that says that the City of Miami cannot print informational brochures and mail them out at less than $50,000. Commissioner Plummer: Oh. Fine. Mr. Manager, can you propose a program to inform the public of what this contains? Then I'll go along with it. Mr. Odio: Say, without any money? Vice Mayor Dawkins: I dial not say without money. Commissioner Alonso: He said less money. Vice Mayor Dawkins: I didn't say without any money, I said with less than $50,000. Mr. Odio: I don't know what the mailing... The mailing alone would cost twenty-five. Commissioner Plummer: Well, you don't have to mail. What we have done in the past, is we... the sanitation workers were distributing it. Vice Mayor Dawkins: But you all have laid off all my sanitation workers, I don't have enough to put it out. Mr. Odio: Cut it down to thirty. Commissioner Plummer: What? Vice Mayor Dawkins: You all have laid off all my sanitation workers, I don't have enough to put them out. Commissioner Plummer: Well, you know, we can play all kinds of games but... Vice Mayor Dawkins: They'll be glad to put them out. Commissioner Plummer: What I'm saying to you is, if you're not going to educate the people, then don't put the bond issue. Vice Mayor Dawkins: I'm for educating the people but I don't think it takes $50,000, J.L. Commissioner Plummer: All right, would you, would then, would you want to go thirty - will that be agreeable? 'Dice Mayor Dawkins: I say twenty-five. Commissioner Plummer: Twenty-five, I'l.l agree to that. The Manager will have to work with what he's got. I'll move it at twenty-five. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Withdraw the prior motion then, and call the roll. 123 May 24, 1990 The following resolution was intr.odi.iced by Commissioner. Plummer, who moved its adoption: RESOLUTION NO. 90-381 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FROM PUBLIC WORKS DEPARTMENT BUDGETED FUNDS IN SUPPORT OF AN EDUCATIONAL PROGRAM TO BE CONDUCTED BY THE CITY MANAGER FOR THE PURPOSE OF INFORMING AND EXPLAINING TO THE VOTERS OF THE CITY OF MIAMI Tk7E ELEMENTS INVOLVED IN REGARD TO THE VOTERS' CONSIDERATION OF THE QUESTION OF AUTHORIZING $30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT BONDS OF THE. CITY OF MIAMI, SUCH QUESTION TO APPEAR ON THE BALLOT AT THE SEPTEMBER 4, 1990 SPECIAL ELECTION. (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: NOES: ABSENT: ------------ Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez Commissioner Miriam Alonso, Commissioner Victor De Yurre None. 33. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'90) - APPROPRIATE FUNDS FROM STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATIONS, RECYCLING PROGRAM GRANT. Mayor Suarez: Item 21. Solid Waste Reduction Recycling and Education appropriating funds for the development and implementation. Mr. Odio: It is to establish a special revenue fund entitled Solid Waste Reduction, Recycling and Education FY 190 - these funds for the development and implementation of same in the amount of $585,808. This is a grant from the State Department of Environmental Regulation. Mayor Suarez: How are we doing on the pilot program, or the.. Mr. Odio: Oh, I... Mr. Mayor... Mayor Suarez: ... demonstration project in terms of people participating and success rate and so on? Mr. Odio: I have talked to Commissioner Dawkins about my concerns about recycling. The more I see about the test plan, the more concerned I am that, as usual, the State legislates and they put burdens on the local communities but they don't give us any money. The future of recycling is going to be very, very expensive... I want to warn you about that... we need to take a very close look at this... this is very serious. You could actually be talking about a lot of employees picking up recycling materials. You also have... you could have routes over routes picking up after the garbage comes by then you have a recycling truck going by, you could have an accident on the corner with so many trucks going by. We really need to take a serious look at recycling... I think at some point, we need to tell the State how we feel about it because since they were the ones that legislate it. But you are talking about a substantial cost increase in the Solid Waste Department in the future, if we don't monitor recycling very closely. Mayor Suarez: I just wanted to know how many people were participating. 124 May 24, 1990 Commissioner Plummer: bell, let me tell you what. I think... Mr. Odio: Well... Right... No, no. Commissioner Plummer: ... is the joke. Mayor Suarez: Is the participation rate increase any limit? Let me just see if we have that. Is that participation rate increase and people sort of getting more use to it? Mr. Odio: It depends on what area. Mr. Joseph Ingraham: Yes, the rate now is at forty percent. Forty percent participation at the current time. Mayor Suarez: Of the ones that have the containers? Mr. Ingraham: Yes. Mayor Suarez: OK. Mr. Ingraham: And we recently added three thousand additional homes - we are up to ten thousand six hundred. Vice Mayor Dawkins: The only thing that's getting us, Mr. Mayor, is that, at both of the recycling conferences that Mr. Ingraham and I went to, everybody from Washington and every place else, explained to us that, they were giving us money to educate the public in recycling, but once the demonstration money no longer existed, they expected us to continue the recycling program. Now, the biggest problem we're going to have, is that, once we get to recycling everything that we are recycling... let's say newspaper... newspaper will probably drop down to .30C a hundred pound, .20C a hundred pound and nobody is going to buy it, what are we going to do with it? Along is going to come the plastics, plastics is going to gear up, the market will dry up... what are we going to do with it? Now, along with that, we will still have all of the personnel that we have taken and placed even though, to collect these recyclables when the program is over, we have to assume them because we can't lay them off. So I was telling the Manager and I would like for each of us to think about it, we need to make sure that as we purchase equipment, that it's equipment that we can use and not buying these pretty recyclable trucks that look nice running down the street telling people to recycle and when it's over, what you're going do with them? Mr. Odio: That's what I am saying, we should accept this grant at some point in the very near future. We need to say... we might not want to participate — in this. =- _ Mayor Suarez: Also, consider Mr. Manager, looking at other local legislation on containers that are not disposable, that are for deposit and return and so -_ on, that will otherwise lead people and create an incentive for them to recycle and have a built-in economic incentive. We don't have those, I don't believe, in the County or the City of Miami. Mr. Odio: Well, I'm looking at the... I ordered them to look at the Seattle program which has a lot of incentives attached. Mayor Suarez: Yes. If you hit him from all sides, pretty soon people will get the idea that you can't just discard paper, bottles, plastics and then you have to buy the right kinds of containers... stop using the junk. Vice Mayor. Dawkins: Also Mr. Mayor, in Clearwater, Clearwater is using their money to purchase bins and the citizens go by and drop the recyclable in the bins. Mayor Suarez: Thank you, thirty... Vice Mayor Dawkins: ... And then we come by and pick up the bins and take them and dump them. - a s Mayor. Suarez: Thirty years ago, I remember doing that in the outside of Washington DC, you have to take the newspapers to a selected site, the garbage department, solid waste department just wouldn't pick it up. You had to take 125 May 24, 1990 it top- place yourself to the local high school, to a parking lotand they would pick it, up. And maybe, Vice Mayor's st_iggpstion of having the bins in -- appropriate places reasonably close, where people can walk a block, two G blocks, whatever... Mr. Odio; What Commissioner Dawkins and I have been talking about is, looking = at the design of a truck that can pick up both recycling and garbage. Mayor Suarez: That also sounds interesting. We have the trucks out there, we have the built in fixed cost of having the plant, the equipment, the employees out there, why not? The marginal expenditure of picking up additional stuff while you're out there, any economist will agree with that. Mr. Odio: I just wanted to warn you because recycling sounds like apple pie and it's very complicated. Mayor Suarez: But if you hit him from all sides, it almost pays for. itself, I'm convinced of it. All right, as to the item before us, we have a motion, do we? Do we have a motion Madam City Clerk? I entertain a motion on 21, accepting the grant. Vice Mayor Dawkins: So moved and second. Mayor Suarez: So moved and seconded. the Ordinance. Call the roll. AN ORDINANCE ENTITLED - Any discussion? If not, please read AN ORDINANCE WITH ATTACHMENT, ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'90)"; APPROPRIATING FUNDS FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATUTES, IN THE AMOUNT OF $585,808, CONSISTING OF .A RECYCLING PROGRAM GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, IN ACCORDANCE WITH THE STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-716 AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Vice Mayor 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 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. 12E May 24, 1990 r,-I LA E 34. APPROVE ADMINISTRATION'S DECISION TO REJECT PROTEST FROM NATIONAL ECONOMIC RESEARCH ASSOCIATIONS, INC. CONCERNING RFP FOR A MINORITY / WOMEN OWNED BUSINESS ENTERPRISE DISPARTTY REPORT AND MINORITY OWNED BUSINESS UTILIZATION PLAN. Mayor Suarez: Item 23. Vice Mayor Dawkins: Move i.t. Mayor Suarez: Moved. Commissioner Plummer: What happened to 22? Vice Mayor Dawkins: It was withdrawn. Commissioner Alonso: Second. Mayor Suarez: Seconded. Twenty-three is withdrawn also? Commissioner Alonso: Twenty-two is. Mayor Suarez: Right. Item 23. We have a motion and a second. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-382 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST RECEIVED FROM NATIONAL ECONOMIC RESEARCH ASSOCIATES, INC. IN CONNECTION WITH THE REQUEST FOR PROPOSALS FOR A MINORITY/WOMEN OWNED BUSINESS ENTERPRISE'S DISPARITY REPORT AND MINORITY/OWNED BUSINESS UTILIZATION PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12? May 24, 1990 Ll 35. AUTHORIZE CONTRACT (NOT TO EXCEED $100,000) WITH D.J. MILLER AND ASSOCIATES TO CONDUCT A MINORITY / WOMEN OWNED BUSINESS ENTERPRISE DISPARITY STUDY AND PREPARE REPORT, WITH RECOMMENDATIONS AND A UTILIZATION FLAN -- IF OFFER IS NOT ACCEPTED, MANAGER IS AUTHORIZED TO NEGOTIATE WITH A SECOND GROUP. ------------------------------------------------------------------------------------ Mayor Suarez: Item 24. Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner Plummer: No. I got a question on that. I want to tell you something. $125,000 for a study, I want to know what they are going to do. It's going to be so time consuming to equate to a hundred and twenty-five... I'm assuming this is all a study and there is not much expenses involved as far as travel or that is concerned. Ms. Adrienne Macbeth: It is a study figure. The Dade County is spending over four hundred thousand. Commissioner Plummer: I couldn't care less what Dade County spends, they waste more than we do. What are they doing for the money? Ms. Macbeth: What they are doing for the money, Commissioner, is establishing the statistical basis that we need to justify our Minority Procurement Program. In January of last year the Supreme Court ruled that no longer was it sufficient for cities to establish, first of all, that the disparity existed between the amount of purchasing that they did with non -minority firms and minority firms and the amount of minorities in that population. Our program began about seven years ago and our fifty-one percent goal is based on the fact that minorities and women make up, over fifty-one percent of the City's population. We had a study done in 1982 which established for us that, there had been a severe disparity between the amount of purchasing that had been done with minority -owned companies and non -minority -owned companies from the years 1971 to 1981. In the Supreme Court's ruling in the case of the J.A. Croissant Company versus the City of Richmond, the Court has now said that in addition to establishing disparity, we have to now establish a relationship between that disparity and the available and capable minority business face, a compelling governmental interest for that... Commissioner Plummer: You're going all around the answer. What... how many hours are they putting as such, into this study? Ms. Macbeth: There are representative from the D.J. Miller and Company here, sir, I think who can address that. Commissioner Plummer: No. I don't want to hear from D.J. Miller. I'm asking you in your procedure for an RFP, how many hours of work were envisioned? - and I'm assuming that's what it was based on. Ms. Macbeth: The figure... we were locked into the figure of $125,000, sir. The number of man hours that will be spent to compile the kinds of statistics, Mr. Plummer, that need to be compiled for this will probably exceed that number that we have, $125,000. Commissioner Plummer: And how much are we paying these people an hour? Ms. Macbeth: We are not computing it by an hourly basis. Commissioner Plummer: Why, for example, did you not... Commissioner Alonso: You are doing it by hourly basis... what did you say? Ms. Macbeth: They are using man hours. Commissioner Alonso: I see- 128 May 24, 1990 Commissioner Flummer: Why didn't. you choose the firm for 8951,000? - even that 's... Ms. Macbeth: Because that firm was not qualified to give us... Commissioner, if this program is challenged, the Law Department will have to defend it, perhaps, as high as the Supreme Court. We need a firm that understands what has to be articulated in that. disparity report. The $95,000 firm and some others were not qualified to provide that result. In effect, we would be wasting $95,000 if they didn't provide the result we needed. That is, sir, a... less than the going rate. Commissioner Plummer: How, if any, does this relate to the matter presently before Metropolitan Dade County, in which they are waiting for Judge Scott's decision? Ms. Linda Kearson: On Tuesday of this week, Commissioner, the County reinstated its Minority Set -aside Program. Commissioner Plummer: Until such time as the decision. Ms. Kearson: Well, until such time as Judge Scott reaches decision. Commissioner Plummer: That's correct... I'm assuming that is to be within the near future of like three to four months. Ms. Macbeth: About six months. Ms. Kearson: Well, we have no way of knowing because the study will take them approximately eight months to be completed. Our program is separate and distinct from Dade County. We too have to demonstrate disparity in the City of Miami. Ms. Macbeth: Let me add a little something too, Commissioner. In addition to examining the procurement purchasing records of this City, probably, for a five year period, they're going to have to conduct public hearings, at which individuals anecdotal testimony will be given. They will have to interview the entire base of minority businesses not only in the City of Miami, perhaps, in Dade County. So there is an extreme amount of work that has to be done. Commissioner Plummer: If the study alone is $125,000 what is this going to cost the City in it's full totally? Ms. Macbeth: That's it... I don't under your question beyond... I would answer nothing more - if I understand your question. Commissioner Plummer: Well, obviously. If you're talking about using this and going to Court, there's a lot of legal fees involved in it, normally the City... Ms. Macbeth: We are talking about using it, so as to prevent going to court. Ms. Kearson: No, no. We are trying to use this to prevent going to Court. Commissioner Plummer: Well, if you don't get challenged, you don't need the study. Ms. Macbeth: Yes, we do, sir. Currently... Vice Mayor Dawkins: They already been challenged. Commissioner Plummer: No. They say that the challenge in the County is entirely different from ours. Now, you know, we keep crying poor mouth around here and we are spending money like water. Commissioner De Yurre: How much is the County spending on their program, on their study? Ms. Macbeth: The County is spending $457,000. Ms. Kearson: The County is spending approximately $400,000. Commissioner Plummer: Because they have been challenged. 129 May 24, 1990 Ms. Macbeth: No, they aren't. Ms. K.eerson: No, no. Commissioner, if I may explain. The Supreme Court, last January indicated that in order to have a minority set -aside program, you have to demonstrate there has been historical discrimination within the governmental entity. We now have a study that was done back in 1982 that covered the period from 1971-1981. While we have an Ordinance in place now for minority set asides, that -.tudy predated the Supreme Court's opinion. _ Therefore, we now need to update our study in order to guarantee or to assure the City of Miami that our order is constitutional. We don't want to be _ challenged, we want to make sure that we have the mechanism in place that will support a minority set aside Ordinance. Commissioner De Yurre: What's the procedure for the study? Ms. Macbeth: I'm sorry, sir? Commissioner. De Yurre: What is the procedure for the study? Commissioner Plummer: Oh, I understand what they are saying... that's a lot of money. Ms. Macbeth: Well, they will have to conduct public hearings. They will have to interview minority owned businesses throughout the City. Commissioner De Yurre: How many? Ms. Macbeth: Oh, probably, I would say, five, six hundred, I would imagine a sample will be drawn from that group, but we have over nine hundred registered with us in the City. And they will have to provide individual interviews with these companies, public hearings and they will have to examine our records in terms of procurement for about a five year period. Commissioner De Yurre: What's the time period, time frame for this? Ms. Macbeth: We've asked them if it could be done within a six month time frame, sir. And they've said, yes. Commissioner De Yurre: Five to six hundred business, they are going to talk to? Ms. Macbeth: They will probably sample that number but we do have over, well over that number are registered with us. Commissioner De Yurre: How many businesses do we have... nine hundred, they are minority? Ms. Macbeth: We have nine hundred Hispanic, Black and female registered with US. Commissioner De Yurre: Well, why do you need that big a sample? Ms. Macbeth: They will determine the sample, sir. I'm just saying that the process will include interviewing minority businesses, having public hearings, examining the procurement records of the City. Commissioner De Yurre: OK. But what I'm questioning is, having to interview two-thirds of the total population. Ms. Macbeth: That is not a fixed number, Commissioner. Commissioner De Yurre: Well, then that's why I'm asking, how many are they going to interview? I need to have a ball park figure, at least. You know, when you do a survey and with a four percent give or take, you only interview three hundred out of a hundred thousand voters and you get a sampling. I mean... Ms. Macbeth: Commissioner, the company is saying that they will interview a hundred companies. 130 May 24, 1990 Commissioner De Yurre: So, now, ill of sudden... you know, because we have to know what we are talking about. You thought it was five to six hundred, now it's only a hundred. Ms. Macbeth: They are saying, a hundred will do it. Commissioner De Yurre: Now, we need to spend a thousand dollars per interview in the whole scheme of things? Ms. Macbeth: No, sir. Because in addition to that, they'll have to have the public hearings and they will also have to examine the records of the City for the last five years to establish the amount of disparity that does exist. Commissioner De Yurre: OK. Now, is the City going to provide any man hours or female hours or... Ms. Macbeth: In addition to this? - No, sir. Commissioner De Yurre: How are they going to get this information from us? Ms. Macbeth: They themselves, will examine the records. The records will have to be made available to them. Commissioner De Yurre: Nobody will be assisting in the study from the City? Ms. Macbeth: Not in terms of assigning anybody to them, I would hope that the City would make their staff available. Commissioner De Yurre: Nobody will be assigned from the City to work with the study, in conjunction with? Ms. Macbeth: No, sir. Not on a permanent assignment basis, no. Commissioner De Yurre: On a per need basis? Ms. Macbeth: Yes, sir. To answer Commissioner Plummer's other question, I think the Dade County School Board has also conducted their study and they have not been challenged. What the Court is saying, is that the programs are all right, Commissioner Plummer, but you have to have this kind of statistical information in place in order for your to continue your program. Commissioner De Yurre: When the County does their study, they are doing only unincorporated areas? Ms. Macbeth: The County study will only address the needs of Black businesses because their program is only a Black set aside program. Vice Mayor Dawkins: It would have nothing to do with Miami Beach, Hialeah, Bal Harbor, nothing, it would strictly be Dade County. Commissioner De Yurre: When you think about it, you know, I don't know what the numbers are but, how many Blacks are there in an unincorporated Dade County? Vice Mayor Dawkins: But, we are not interested in Dade County, we are interested in the City of Miami. Commissioner De Yurre: No, no, but what I'm saying is, because I think we may be overlapping here to a great degree. Vice Mayor Dawkins: Even if we are, the Supreme Court said that we have to do this, you know. And I don't want to say this but I must say this. It's only when we get to dealing with the issues that are close to Black folks that we start worrying about how much money we're spending. Commissioner Plummer: I thought this was... Was this primarily women? Commissioner Alonso: And Blacks, female. Vice Mayor Dawkins: You know, we sit up here and pass, spend dollars and hundreds of dollars every day, hundreds of dollars every day, and then all of a sudden you know, we get concerned about dollars. 131 May 24, 1990 Commissioner De Yurre: No. My concern is with studies in general. Because I don't think I voted for a study in the two -and -a -half years that I've been here. Vice Mayor Dawkins: I understand that, OK? You, but I'm just... Commissioner. Plummer: Isn't this predominantly for women set aside? - it's for both? Ms. Kearson: No, it is not, Commissioner. It is for... Ms. Macbeth: No, sir. Our program is for Hispanic, Blacks and women owned businesses. Vice Mayor Dawkins: Minorities in general. Commissioner Plummer: Minority, in general? Ms. Kearson: Minority and women, that's correct. Commissioner Plummer: Wait a minute, what is minority and women? Is women not a minority? Ms. Macbeth: No, sir, they aren't. That are an affected class and we have them involved in our program. Commissioner Alonso: We are the ones who are left out. Vice Mayor Dawkins: They cannot be a minority when they make up fifty-two percent of the general population in the United States of America.. Mayor Suarez: Mathematically, they are the majority in our jurisdiction and in the United States and... Vice Mayor Dawkins: Fifty-two percent in America, J.L. Mayor Suarez: Anyhow, we know what categories we are talking about... Commissioner Alonso: Yes. I have some questions. Why did... Commissioner Plummer: Excuse me. What about me as an aff"ected minority? Commissioner Alonso: What are you? Vice Mayor Dawkins: You're rich, you don't count. Commissioner De Yurre: We can't do nothing about you. Commissioner Plummer: I'm rich. Commissioner Alonso: Your selection of D.L. Miller and Associates. Why the recommendation of this one and not the other two that you said are equally qualified to do the job? Ms. Macbeth: The criteria that we used, we got a panel of five City employees, all of whom are a part of the purchasing and contracting process. That included the departments of Development, General Services Administration, Planning, and Public Works. And these individuals rated the three proposals that were submitted according to the qualifications of their principals, their staff and their subcontractors. The relevant experience in both constitutional law and Ordinances and programs, statistical research, particularly, disparity studies, their proposed plan and methodology, their work program and their level of minority participation, as it related both to the prime contractor and to subcontractors. These were the criteria that were used and it was as a result of this, that the D.J. Miller Company was rated, top, in that three. Commissioner Alonso: I am concerned with the price. Do you think they will accept, that the maximum of the price? Because I see that you have here in the proposed budget, it's two hundred thousand. 132 May 24, 1990 0 Ms. Macbeth: No. $1?_5,000 is the amount that wp have, Commissi_oner., we made it clear in the interview that that wps the amount and each of the groups agreed to that. Commissioner Alonso: So, are they going to do pro bono work? Ms. Macbeth: To the extent to which that is required to accomplish what we E would be demanding in that contract, they would have to do it. They have _ agreed that they will provide us with the result that we very clearly spelled out in the request for qualifications for $125,000. Commissioner Plummer: Will they do it for a hundred? Ms. Macbeth: I would have to ask them to respond to that. Commissioner De Yurre: Were they the lowest bidder? Commissioner Plummer: Well, no. I asked a question. Will they do it for a hundred? Ms. Macbeth: They said no. Commissioner Plummer: Will the other company do it For a hundred? Commissioner De Yurre: Were they the lowest bidder? Commissioner Alonso: Where are the other companies? Commissioner. Plummer: What? Ms. Macbeth: It wasn't a bid, sir. It was a request for qualifications. Commissioner Plummer: I'm not worried about whether it was a bid... I'm asking a simple question. Ms. Macbeth: No, I thought I heard someone ask that question. Commissioner Plummer: OK. I'm sorry. Commissioner De Yurre: How come there was no bid? - There was no RFP for this? Commissioner Plummer: What about the other company, will they do it for a hundred? Ms. Macbeth: It was a request for qualification, sir. Commissioner De Yurre: OK. And they didn't put a price tag on these? Ms. Macbeth: We understood, every one understood that we only had $1.25,000 to spend. Commissioner Alonso: Are the other companies represented, here? Ms. Macbeth: We have representatives from Steel hector Davis and Harriet Foy: as well as we have the D.J. Miller. Company, also represented. Ms. Kearson: May I just say for the record, before you do that, that the only thing the City Commission can do today, is either accept or reject the recommendation. You could not select another firm today. We have to start the process all over again if you did that. Commissioner Plummer: Why? I understand that they proffered to us three names that were qualified with the recommendation of one. Ms. Kearson: No, they did not... - You can speak for yourself. Mr. Odio: No. They reconinended this one. Commissioner Plummer: But, did you not say that three of the firms in your estimation, were qualified? 133 May 24, 1990 'ice" fir'" Ms. Macbeth: We interviewed three others. Mr. Odio: We might have said that, but we are recommending this one. D.J. Miller and sons. Commissioner Plummer: And we are bound by that recommendation only? Ms. Kearson: You can either accept it... _ Mr. Odio: In this case, you can reject it if you want and then we'll have to come back. But I recommend... Commissioner Plummer: But, why? - then our procedure is wrong. Commissioner Alonso: Yes, it is. Commissioner Plummer: Our procedure is wrong. Ms. Kearson: Under competitive negotiations, the Manager has to contact at least three firms, if the contract amount is over fifty thousand dollars. Commissioner Plummer: Correct. Ms. Kearson: All right. Based on that, he then makes a recommendation to the City Commission. Commissioner Plummer: And we accept or reject that. Ms. Kearson: You accept or reject it and then... Commissioner Plummer: But, don't we categorically set A, B and C to send to the Manager to negotiate. Ms. Kearson: No, sir. You don't... That's another process entirely. You're talking about the UDP process or... Commissioner Plummer: Then what we need to do in the future, I guess, is to change the wording to the effect that the Manager proffers to this Commission, only the firms that are qualified and we'll make the decision. Ms. Kearson: You can make that recommendation, yes, sir. Commissioner Plummer: No, no. We make that the policy. Ms. Kearson: Or, the policy. Yes, sir. But that's not the way it is now. Commissioner Plummer: I so move. Commissioner Alonso: I second. Mayor Suarez: Moved and seconded. Give me the tenor of the motion, please? Commissioner Plummer: The tenor of the motion is, rather than the Manager recommending that we are bound by a recommendation, that he proffer to this Commission, the names of those companies that he found qualified and we will make the decision. Vice Mayor Dawkins: I have to vote no, and against it. I'm not going to let the Manager choose a selection committee and let the Manager sit down with these companies and then instead of him selecting one, select three and tell me these three are it, I don't need him. I may as well sit down with the three and try to evaluate which of the three I want to use. Commissioner Plummer: Let me disagree with you to this point. If we now have three firms before us that are qualified, deemed to be qualified, and we can get one of those three firms to do it for $100,000 instead of a hundred and twenty-five, I don't think we are doing what we should be doing. Vice Mayor Dawkins: But also, it, was said, now and if I'm in error, correct me, that what the Supreme Court is demanding, the only one who was assured of producing that vehicle which could go to the Supreme Court to justify our program, was by this firm. 134 May 24, 1990 EJ L Commissioner Plummer: Well then, don't tell me the other two were qualified. Vice Mayor Dawkins: That's right, you're right J.L. Commissioner Plummer: Now, I heard... Commissioner De Yurre: Is that a true statement? Commissioner Plummer: ... that we had three firms that were deemed qualified. Commissioner De Yurre: Is that a valid statement? Vice Mayor Dawkins: I don't know , I'm just saying what I heard. Commissioner Alonso: That's what I understood too... even when you visited my office, I understood it to be that there were three names and that all three were equally qualified, and when I read the back up, that's the impression I got. And then I come here and actually, I have to say yes or no to the one company that has already been selected... Somehow, we... Mr. Odio: We reason we selected this firm, was that since D.J. Miller and Associates are going to do the study for Dade County School Boards, or they already did it, we can use a lot of that data and it will save a lot of work, and we believe also, we are saving money by doing that. Commissioner Alonso: Because of that, can't they do it for less? - because they have the data? Ms. Macbeth: By comparative standards, Commissioner, they are doing it for less. This is a very small amount of money. I'm sensitive to Commissioner Plummer's concern, but in fact... Commissioner Alonso: We are talking about layoff in the City this morning, you saw how painful it was for us to say sixty thousand cut, five percent. Ms. Macbeth: I understand that, Commissioner. But... Mr. Odic: I must say that this was placed in the budget in September and now, it's a line item on the City budget because we knew last year that this is something that we have to do. Commissioner Plummer: But, it doesn't mean we can't get it for a less price. What you put in a line item of a budget is a projected cost. Ms. Macbeth: That was based Commissioner, on a survey of the cost that these studies were costing nationwide as well as locally. Commissioner Plummer: Hey, you know, if it was your money, ,you'd think differently. Commissioner De Yurre: Let me say something, J.L. Did you get any other quotes from the other two groups? Ms. Macbeth: We didn't ask for quotes, sir, because we had the amount. Commissioner Plummer: No, they went the other way. They went out and said $125,000 to spend. Commissioner De Yurre: OK. Now, let me make a point and it goes back... Ms. Macbeth: Commissioner, may I say one thing though. Commissioner De Yurre: No. You'll say it right after I say what I got to say. Ms. Macbeth: OK. Commissioner Da Yurre: That is the point that I was making before about when you're doing it for the County, whether you're doing it in unincorporated areas or not, because if you're doing it and including City of Miami businesses, and you're going to use the same information to do City of Miami's 135 May 24, 1990 report, then you are getting it for Tree, pretty much, you're getting a windfall, because you don't need to do the work because you're going to be asking the same information for one report and you're going to Ilse it for another. Mayor Suarez: There may be some raw date that overlaps, it's all we are talking about there. Commissioner De Yurre: I'm sure there's going to be plenty raw data overlapping. Ms. Macbeth: That is going to be the extent to which that may happen and it will have to, Mr. Mayor, be interpreted in light of our program, our statistics and our problem. Mayor Suarez: The focus may be a little different if some of that raw data may be similar. Commissioner De Yurre: Why don't we make a motion that... Let me make a motion. I move that we accept this group but for $100,000. If they don't want to do it for $100,000 then you come back with another group. Mayor Suarez: The only thing that concerns me, I am disposed to vote with the motion, the only thing concerns me is that, in the meantime, we have to validate our Ordinance, hate to have it be challenged and have to delay it so long to get this study done which supports its existence. Ms. Macbeth: The additional point too, Mr. Mayor is that we have asked this company whether or not... Commissioner Plummer: Excuse me. I'll withdraw my second of this previous motion that is on the floor and I'll second Commission De Yurre's. Mayor Suarez: Does it appear to you that we can negotiate this down to a hundred thousand? Commissioner Plummer: That's their choice. If they don't want to do... Mayor Suarez: I want to know for my vote, guys. Everybody here has given their opinion. Ms. Macbeth: The company, I can't speak for and I would have to ask them. Commissioner Plummer: They said no. And we say, bye. Mayor Suarez: Sam and Company, do you... Dedria... Mr. Dave Miller: Let me... My name is Dave Puller, I am President of D.J. Miller and Associates. And let me say for an asset, just two points hare. This is perhaps the most important study that this City can undertake in this year. The Supreme Court has done three things in 1989. It suggested to us the Minority and Women Business Enterprise Program, are good, but it must be a factual predicate to support their continuation. Now, we think that, that's a test that can be met. We are helping that test in Dade County Public Schools, we helping a City of St. Pete meet it, our Company is also helping the City of Oakland, California meet it, our Company is also helping the Metropolitan Transit Authority in New York City meet it. Now, the issue of cost that seems to be disturbing here, factually, is a matter of great concern to us. We believe that the City of Miami can enjoy economy of scale by retaining our firm, we believe that. However, let me be sure that you understand a couple of features about this work. This work is not a duplication of Dade County Public Schools, it is not a duplication of Metro Dade County. It is simply two things that perhaps you can hang your hat on for economy of scale, that is, the anecdotal testimony of people who reside in this County and this City and historical circumstances in terms of the laws, administrative decision that this City encountered... promulgated against its Black citizens, against its Hispanic citizens and against women. Mayor Suarez: How about raw data? No economy is a scale there? Mr. Miller: Raw data, everything else is exactly what the City of Miami has done, with whom it's done, how frequently it has done it and the process and 136 May 24, 1990 the procedure that it followed to do it. So, about eighty percent of it is all unique to your City. Now, we perhaps have some competitors here who are listening to me describe this and they won't notice, frankly, because they have not had the experience of being in New York, Oakland, Dayton, St. Petersburg, and Jacksonville and other places. We are the best firm to do this for you. We want to do it for you, we've proposed, we've gone to great expense to follow the process as outlined by the City of Miami. But we won't be kicked around in terms of cost and/or, our background and our qualifications. We would like to work for you. We are here, prepared, to go to work for you. We hope that you accept us. We have a local partner, Sanchez and Levintine, who worked with us on Dade County Public School, they are also prepared to go forward. We look forward to working with you, I wish we had your support and 1 look forward to your vote. Thank you. In addition to that, I brought some things about our firm just in case you would like to know more about us. We are a firm of eighteen people, economists, statisticians, people who have background in the City Government, myself, is Director of Purchase and Real Estate for , Clara Accent, here, Principal of our firm, is a lawyer, former Commissioner Administrative Services for the _ We think we are the best people at this business. Commissioner De Yurre: Why, if you are the best, why do you need another company to work with you? Mr. Miller: Because we don't know Miami as well as people who live in Miami. Commissioner De Yurre: OK. Mr. Miller: And you asked me to get a local firm to work with me. Commissioner De Yurre: What's the split, what will be the arrangement with the local? Mr. Odio: We asked the companies that they have to have a local minority partner, if they are a Black -owned company, we want a Hispanic, or vice versa. Vice Mayor Dawkins: I call the order of the day. If they can get it done for less, I'm for saving money. If you find out that it wasn't done right and it's challenged, then we lost it and you threw away the money. Let's move, please. Commissioner Plummer: Has any of your work presently been to court to be tested to see whether you won or lost? Mr. Miller: Yes, sir. Commissioner Plummer: Where? Mr. Miller: Currently, in Hillsborough County. Commissioner Plummer: And you won? Mr. Miller: They are in the llth Circuit Court. Vice Mayor Dawkins: I move the question. Mayor Suarez: We have a motion to close debate and move the question... Commissioner De Yurre: It's not determined yet. Mayor Suarez: We haven't voted on it... would you just finish your inquiry on that, Mr. Plummer, please and then we'll... Commissioner Plummer: I was just asking what... they have no final decisions at this point, obviously. Mr. Miller: There are no absolute final decisions at this point. But in places where the Judges have decided... Commissioner Plummer: You see, I have a problem, I operate under a theory that says, the only way to measure ability is in results and at this point, there are no results. 137 May 24, 1990 Mr. Miller: That's not quite true. Commissioner Plummer: Tell me when a verdict has been given in which your client was a winner? Mr. Miller: Jacksonville and Hillsborough County. But until it gets to the US Supreme Court of this land, we won't have a final one. Commissioner Plummer: That's right. Mr. Miller: OK? But this... Mayor Suarez: What is my clarification, so I don't get confused there. What is Steel Hector and Davis' role? Mr. Sam Dubbin: Your Honor, if I might. I'm Sam Dubbin from Steel Hector and Davis. We are part of the team that also applied and was deemed qualified by the staff to do the study. The other members of the team are the KPMG Peat Marwick office, located in Miami, Harriet Fox and Associates, located in Miami which includes, Lily Lattimore and Associates, a Black woman owned company and includes Moriah Fernandez, a Hispanic female owned company, in Miami, is all part of our application. Mr. Mayor... Mayor Suarez: Was there ever negotiations with you as to price? -- I am trying to figure out the process we followed here. Mr. Dubbin: That was not a part of the request. Mayor Suarez: The Manager then and his staff recommended one of the companies and a price tag came along with that... - Is that the idea, Adrienne? Ms. Macbeth: No, sir. The price was fixed and we were very careful in our RFQ... Mayor Suarez: But we pre -specified the price. Ms. Macbeth: We did... Commissioner Plummer: Sure. There was no competition there. Ms. Macbeth: .., and we were very careful not to mention price, Mr. Mayor for that reason because what we did not want to do was to have people to come to our price. Mayor Suarez: Is there a ceiling? Is that price a ceiling, can they not go beyond that? Ms. Macbeth: Yes, it is. Mayor Suarez: And is this part of our negotiated bidding process... Commissioner Plummer: It was not to exceed. _— Mayor Suarez: ... is that what it's called, for a professional consultant? Ms. Macbeth: No, sir. Mr. Odio: Competitive, sir. Mayor Suarez: Competitive negotiations and I'm not sure what the competition then consisted of... Commissioner Plurraner: There is none. Mayor Suarez: ... It's just, your determination of who was most qualified based on your analysis then? Ms. Macbeth: Yes, sir. We went out with, for RFQ'S nationwide. We received fourteen responses and we called down to the three. 138 May 24, 1990 Mayor Suarez: Was there a selection committee, or anything like that, Adrienne? Or was it just analyzed by staff, or how dial that go? _ Ms. Macbeth: The staff did the first cut and then the committee did the final evaluation. Mayor Suarez: And the committee was composed of? Ms. Macbeth: Staff from the Planning Department, from the General Services Administration, from Public Works and from Development. Department, all of the F major users of contracts and purchases. - Mayor Suarez: No one from the outside... no outside private sector? Ms. Macbeth: No, sir. Mr. Odio: Mr. Mayor, I reviewed this carefully, I had the same concerns about cost. In this case, if we don't spend this kind of money, it's going to cost us more, if we pick the wrong Company, it's going to cost us more. We felt because of the expertise that Mr. Miller had in prior cases, that we have a better chance of coming out ahead and saving money in the process, because if not, we will have to spend it in lawyers. Mayor Suarez: OK. We have a motion to close debate... Mr. Dubbin: Mr. Mayor, on the merits of... Mayor Suarez: ... And it is Mr. Vice Mayor along... on the present motion that is to... you want to close off debate and vote on the motion that is before us which I believe is to accept their company but try to reduce the purchase, the contract price to a hundred thousand, is that correct, is that the correct tenor of the motion? Conmissioner Plummer: What I second... Commissioner De Yurre: The motion is to accept the team for $100,000. Mayor Suarez: All right, let me... then before I close off debate... Unidentified Speaker: Can I make another comment again? Mayor Suarez: Not from your side at this point, you're presumably with Mr. Miller, right? Unidentified Speaker: I am. Mayor Suarez: One last statement. I'll give you a minute to argue why that isn't proper and then we'll go ahead and vote on it, Sam. Mr. Dubbin: The basis of the recommendation of D.J. Miller was that based upon the disparity study for the Dade School System, they conducted, quote, "it is our opinion that we will realize a savings through the utilization of data collected for the School Board which will compensate for the travel cost which will be required for an Atlanta firm to do this study." And Mr. Miller has stood up and admitted that there is no economies to be gained, based upon what they did in the Dade County School Board. So, the whole basis of the recommendation, Mr. Mayor, I submit is fallacious, and I would suggest that you do consider a qualified group that is based in Miami that has experience... - Steel Hector. and Davis was the legal counsel pro bono to the = a State of Florida in the Development of the Small Minority Business Act of 1985. Cathy Shave is part of our team, Ph.D., did the study in 1983, that's the basis of this City's current Minority Preference Program, which... •- So obviously you were satisfied with her work. We're here, we are qualified, we have experience and the premise of the recommendation i.s erroneous as has - already been admitted by Mr. Miller. Mayor Suarez: Well, it's good that you put that into the record as to the reason for their being selected, presumably, leading to some efficiencies in economies of scale because maybe that will help in negotiating back down to $100,000. In any event, if this is our procedure... 139 May 24, 1990 Unidentified Speaker.: I need to make a comment about the price. I want to be very clear _about. it. Let me make this comment, first. Mayor Suarez: At your own risk. Unidentified Speaker: One of the things that D.J. Miller prides itself on, is our integrity, so I'm going to put everything on the table, I don't mind the risk. I want you to understand what it is that you are buying. If you were sick, you'd go to a doctor. If you had a heart problem, you'd go to a cardiologist. We are specialists in this area. We've been in the trenches. We've been in at it some fourteen to fifteen years. It is a labor of love, we love our work. We work because we love it, we have a track record of which we are proud. This study - you're hearing a lot of discussion about price and I want to say on the record, that there are a lot of assumptions even about the $125,000 that you need to be aware of. That $125,000 depends on the status of your records, the format that your data is in... when you do these studies, you have two problems, if I can take you back for just a second... Mayor Suarez: No. That will not be necessary at this point. I have heard enough for myself and I have a motion to close off debate which I have been putting off, ruling on or taking a vote on. Commissioner Plummer: I have one further question. Mayor Suarez: Commissioner Plummer, last inquiry. Commissioner Plummer: Once again, for the record, Mr. Manager, you have said that of three of the firms are qualified, is that correct? Mr. Odio: I said, we recommend D.J. Miller Associates. Commissioner Plummer: But you have stated for the records... Mr. Odio: Yes. Commissioner Plummer: ... There are three firms that are qualified. Mr. Odio: Yes. Commissioner Plummer: Thank you, sir. Mayor Suarez: All right. We have a motion and a second. Any discussion further from the Commission? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-383 A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH THE RECOMMENDED FIRM OF D.J. MILLER AND ASSOCIATES, TO CONDUCT A MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE DISPARITY STUDY AND TO PREPARE A REPORT AND A UTILIZATION PLAN CONCERNING SAID STUDY, SAID CONTRACT NOT TO EXCEED $100,000; FURTHER STIPULATING THAT IF SAID GROUP WERE NOT TO AGREE TO THE CONTRACT AMOUNT, THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE WITH A SECOND GROUP THAT WOULD AGREE TO DO SAID STUDY FOR THE STIPULATED AMOUNT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins. ABSENT: None. 140 May 24, 1990 COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Item... whatever item we are up to. That was on a substance of the... that motion before us that was on a substance of that agreement with a resolution in the ceiling... a reduction in the ceiling cost of it for $100,00. ------------------------------------------------------------------------------- 36. BRIEF DISCUSSION AND DEFERRAL CONCERNING PROPOSED AGREEMENT WITH METROPOLITAN DADE COUNTY TO ENGAGE THE CITY OF MIAMI TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES FOR THE OPERATION OF THE PORT OF MIAMI - DEFERRED TO MEETING PRESENTLY SCHEDULED FOR JUNE 7TH. Vice Mayor Dawkins: Move 25. Mayor Suarez: Item 25, has been moved. The agreement with the County on Fire services to the Port of Miami.. Commissioner Plummer: Mr. Mayor, may I congratulate the Fire Department on this item? As you will recall, this is the one that I jumped up and screamed about. In the past we had been getting just about half of what is in this final settlement. By us standing strong and standing pat, we will now accumulate two -and -a -half million dollars over the five years, where in the past, we would have got closer to a million dollars in five years. So, I want to congratulate the Fire Department for its strong negotiations and getting what I think is more than fair for this City... - realizing, the two -and -a - half million dollars is only what they pay us for guarantee, anything that is beyond and exceptional, is an additional cost. Mayor Suarez: All right. De we have a motion on this matter, I believe, we do. Commissioner Plummer: If there are no questions, I will move it. Mayor Suarez: I think we have a motion and a second, no? Commissioner Alonso: Well, I have some. Vice Mayor Dawkins: I moved it and Commissioner... Mayor Suarez: Alonso second it, right. Commissioner Alonso, debate, discussion. Commissioner Alonso: Yes. I have some problems with this. I think the contract that was negotiated, probably, it was good for the City at the point we are, but I have serious concerns that it might affect the possibility of passing any passenger's fee that we are trying to get in Tallahassee, and I think that I wish we had postponed this final vote. I will not make a big issue of that but I think that by passing this today, we might kill something that could provide maybe, fifteen million for this area. But anyway... Mayor Suarez: Is that in regards to a fee to be imposed? Commissioner Alonso: The passenger's fee, yes. Commissioner Plummer: What do you want to do? Commissioner Alonso: I wanted to postpone this, defer this, I don't know how much... Commissioner Plummer: Two weeks? Commissioner Alonso: Yes. If we can postpone at least two week to give us an opportunity to examine... Commissioner Plummer: I'll move it this time, withdraw my motion and move that it be deferred until June the 7th, after the legislature closes. Commissioner Alonso: Thank you. I second. 141 May 24, 1990 Mayor Suarez: So moved. Seconded. Understanding that., there's nothing wrong with item itself, I don't think for those who put together. the... Commissioner Plummer: No. Commissioner Alonso: No. Mayor Suarez: but we are trying to get a little leverage here so that we can resolve certain things with the people who operate the Port of Miami and who occasionally seem singularly uninterested in our perspective on life. The — director has failed to attend meetings of the DDA (Downtown Development Authority) for I don't know, how many meetings that we have requested his attendance and I hope that sooner or later they realize that the citizens of _ Miami are entitled to have our voices heard in regards to their operation of - that facility, the airport, as was stated before by the Commissioner, the -_ Commissioners actually, and if they are making more and more money expanding and expanding and expanding and becoming empires, you'd wish that they would throw some of that profit into the community. All right, we have a motion and a second deferring discussion. If not, please call the roll. Commissioner Plummer: Until June the 7th. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, THE ABOVE ITEM WAS DEFERRED TO THE JUNE 7, 1990 COMMISSION MEETING, 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. -------------------------------------------------------------------------------- 37. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH FRATERNAL ORDER OF POLICE, LODGE NO. 20 (OCTOBER 1, 1989 - SEPTEMBER 30, 1991). Mayor Suarez: Item 26. Mr. Odio: This is a contract between the City and the FOP (Fraternal Order of Police). The Lodge accepted this agreement and that's why it's before you now. Commissioner Plummer: What is the total cost of this agreement to the City? Mr. Dean Mielke: J.L. the first year is one million six hundred and fifty nine thousand for the four percent increase. Commissioner Plummer: The total cost, I'm not, I didn't ask for the breakdown. Mr. Mielke: The total cost is $3,190,000. Commissioner Plummer: That's for the three years? Mr. Mielke: That is for the two years, sir. Commissioner Plummer: Two years. All right. One, two questions I have. The first question I have is, that one of the amendments, addenda, it goes back to 1988 rather than this going back to 189, why? Mr. Mielke: Which part are you talking about; Commissioner? 142 May 24, 1990 Commissioner. Piurnmer: Addendum No. 2., I believe it was. P-esult... Officer killed in the line of duty... - page 42. This is retro back to January of '88, why? Mr. Mielke: That's when it went in. It. hasn't changed. Commissioner Plummer: Well then, if it hasn't changed, why is it an addendum rather than part of the contract? Mr. Mielke: We just left it that way. We could have changed it. There was no need to change it, Lodge didn't want a change, we didn't a change so we just left it that way. We didn't tinker with it, there was no request to tinker with it. We didn't tinker with it. Commissioner Plummer: But I mean, if it's been a part of the negotiated settlement, it would seem like to me, it would be a part of a contract rather than what you referred... I normally refer to as a addendum is something after the fact. Mr. Mielke: No, sir. It's... Commissioner Plummer: So, you're telling me this is no different than what we did in the previous contract. Mr. Mielke: This is no different, no different than it's been since we put it in two years ago. Commissioner Plummer: All right. The other area that I have of concern, and you have to spell it out for me. The area that we have had of a problem with auditing in the Fire Department of the insurance. Show me in this contract where this City, has, without any question, the right to audit that insurance. Mr. Mielke: Well... Commissioner Plummer: I mean, I want it as clear as a bell so we don't get back into any legal hassle as we got into with the Fire Department, Mr. Mielke: Upon request, the Employer Organization in its insurance plan shall permit the City to review any records related to the Employer Organization Health Plan. Commissioner Plummer: Upon request, is there a time frame in which they must produce them? Mr. Mielke: Well, when we asked for them... Commissioner Plummer: Upon request, I mean, what is the understanding?... that's what I'm asking. Mr. Mielke: The understanding is, if we ask these gentlemen to have access to their records, they're going to let us see it. I could... Commissioner Plummer: We had the same thing in the Fire contract a I understand. We made a request and we wound up in Court over the matter. All I'm asking is, is to keep us out of Court... is there, once we make a demand that they have thirty days in which to produce the records, fourteen days to produce the records, sixty days, I think it should be a time, certain. Mr. Mielke: Mr. Commissioner, I'm sure that Mr. Cohen over there and his associate to his left there have no problem sending us a memorandum saying that if we asked to see the records that they will be happy to let us see it in twenty or thirty days. Unidentified Speaker: We have always gotten them to the City as quickly as possible. Commissioner Plummer: OK. Look, all I'm trying to do is forestall any kind of a Court action that we unfortunately got into before. If it's in agreement and you will send a memorandum that you will produce any records requested within thirty days, that's fine. Then, it's spelled out. Mr. Mielke: fine. That will be no problem, we'll take care of it. 143 May 24, 1990 Commissioner Plummer•: OK. I had one other question. Going back and based on what was said this morning. Let me refer you to page No. 44, using that as the example. Commissioner Alonso, and I think this Commission said, that we in fact, are going to be reducing salaries in excess of $55,000... Mr. Mielke: All right... Commissioner Plummer: This here is projected with salaries above that. Mr. Mielke: Absolutely. Commissioner Plummer: Now, how does that equate if you sign a contract with the union today, she is going to try and get this through tomorrow, tomorrow being .June 7th - are we locked out of the door of that negotiation in which she is trying? - and I think this Commission is trying to accomplish. Mr. Mielke: The answer to that question is, yes. Commissioner Plummer: All right. So then I guess it's up to the Commission how strongly they feel, OK? Commissioner Alonso: I feel very strongly. I have stated this morning and I think we have to be consistent and I maintain my position. We are living in difficult times and rather than allowing people to layoff employees, we have to cut, to people over fifty-five thousand. Commissioner Plummer: All I'm doing... I'm asking for the record now. If this Commission, this morning, was honest in saying that that's what we are attempting to do, from what I read in here, in a Police Captain from the step 7 forward, any of them that are step today, are over the fifty-five. In the Lieutenants, anything over the second longevity is contra to that proposal. It doesn't affect anybody under that rank. All I'm asking the question is, and I think you have answered it, that if this contract is ratified or approved by this Commission, Commissioner Alonso, that what you are trying to accomplish, cannot be with this in place. Mayor Suarez: Do we have a quick reading of how many people it affects? You just gave at two ranks levels, what step you have to be in each one to be affected. De we have any calculation there, Dean? Mr. Mielke: I'm just picking the numbers out the air, without going back and taking a hard look at it. I'm guessing you probably got about three dozen people. Commissioner Alonso: How many? Mayor Suarez! Thirty-six people. Mr. Mielke: I'm guessing, maybe, three dozen and that could be just a wild guess. Commissioner Plummer: How many Captains do you have? Mr. Mielke: We have around eight or nine, I believe. Mayor Suarez: The contract is for a term of? Conunissioner. Alonso: Two years. Commissioner Plummer: It's actually for another year. Mr. Mielke: Two years. Actually... it is actually only another year. It was retroactive from last October. Mr. Odio: Somewhere at the end of '91. Mayor Suarez: And, of course, within - see, I'm trying to minimize the impact of this particular agreement, which I think is keyed to the City of Miami to have an agreement with our rank and file Police Officers. If we approve this one as an exception though, we hope that you will try to make it into a rule. Half of that period has almost elapsed. How many people will in fact reach a 144 May 14, 1990 i step or will increase to the next step that would be affected out of those -_ thirty-six, by this?... I = -' Mr. Mielke: Anybody who wasn't at the top step is going to go up. Mayor Suarez: And how many of those... is that a yearly step increase? Mr. Mielke:: Sure. Anniversary, on your anniversary date. - Commissioner Plummer: See, this is contradictory. — Commissioner Alonso: It is. Mayor Suarez: It wouldn'taffect those that are already... so, it's just a one, it's one step then... just one fiscal year left? Mr. Mielke: Sure. Any individual... Mayor Suarez: It's one step. And you think there are as many as thirty-six that will go up one step? Mr. Mielke: Well, when you roll in the fact that people have plus items, when you take, for example, ,you're talking about things like SWAT pay, the Bomb Squad, all of those kind of things, it depends. You take a Lieutenant for example, who has been here twenty years, after the second longevity or third longevity out there, they are going up, plus items so, there's quite a few of them. Mayor Suarez: See, you've illustrated precisely why, as much as I like the rule, I don't think it should apply to this particular contract. You are talking Bomb Squad, you're talking highly hazardous duty where the citizens of Miami are served in a very special way by people. There are people who for twenty or thirty years in some cases have been doing the kind of work that you know, you wouldn't want to wish on anybody. I just don't, as much as I believe in what you are trying to do, Commissioner Alonso, I will not hold off this particular contract which has what, a year and a few months left, like two months left to run, in effect. Mr. Odic: Going until September 30th of 1991, which is next year.. Mayor Suarez: A year and three months left for the possibility of thirty-six people would exceed that. Understanding that, that increase is the number of people over fifty-five thousand. Commissioner Alonso: The point is, will it be morally right to do it then to the rest of the people? How will we address that issue if we say, yes here and...? Mr. Odio: Well, the other... I think I need to say this. Mayor Suarez: I'm sorry, Mr. Manager, since I think the question was directed at my suggestion that this particular contract be exempted from that assuming that, we even enter into it. The answer is yes. It would be morally right. Now, in some departments the issue wouldn't even come up hardly. The General Employees Union, he was just saying, there is very few I think, maybe, the Computer Department and I don't think they come under him, they come under the Manager. Mr. Odio: No, no. The Computer Department is ... part of it. Mayor Suarez: There are people who would potentially be part of his union, but they are not part of his union, they have got just a handful of those. Solid Waste Department, the same thing, just a handful of people, and most of those are discretionary, they are not going to be under a contract... making over fifty-five thousand, not discretionary in the Solid Waste Department. I don't even think I could think of anybody who is civil service employee. So you've got basically the Fire Department and that's precisely where we have the problem, that's precisely where we have to hold the line. I don't think the line should be held with the Police Department, that's my view, that's to answer her question of whether it's morally right to distinguish. Yes, it is, in fact, the one we are distinguishing is back again to Fire Department having... 145 May 24, 1990 ,. - Mr. Odio: But to be fair to the Fire Department and to the Fire Fighters, and I think I gave this answer before on why you have so many people making more, is that their longevity... Mayor Suarez: They have many years of service. Mr. Odio: ... They don't want, they have a good job, they want to say here. Mayor Suarez: And if they get the signal that the Commissioner is proposing, maybe a lot of them will decide that it's time to consider retirement and make way for some younger people, and you have suggested starting salaries that are lower... Mr. Odio: We are negotiating now and I think... Mayor Suarez: You've suggest the possibility of eliminating ranks, and by the way, there is another whole category of people that I have forgotten about. Those are the ones that don't, they are not uniformed and are not in general employees. Those are the ones that work directly or indirectly under the Manager. How many those are... he stated today how many... Mr. Odio: Ninety-seven. Mayor Suarez: But, I don't know that it's really ninety-seven and there have no problem applying the rule. I think that's where the rule will be most applicable. No disrespect meant to the Manager, just to the salaries in that particular category. Mr. Odio: Again, I think you... I don't know why the... I think I better keep quiet until June 7th. Commissioner Plummer: Let me ask for clarification of the record. In your proposal this morning, Commissioner Alonso, were you speaking as to cost to the tax payers or are you talking about salary only? In others words, the point I'm trying to make... it would be said that a starting policeman makes $27,991.00. His cost to the tax payers, a starting policeman's cost is $42,000.00 when you include the perk package. So are you speaking now 1n your proposal this morning, to salary alone or cost? Commissioner Alonso: I was talking about salaries. Mayor Suarez: She was talking about salary. Commissioner Plummer: OK. Just for clarification. Mr. Odio: No, the fringe benefit, and you have to demote the whole department. Commissioner, I think I have to point out to you... Commissioner Plummer: Well, when you reduce salary, you also reduce perk,. Mr. Odio: I am pointing out to you that by what they have accepted here, I think they have been very fair to the City... that for them to take zero percent cost of living increase, I think I was very grateful then and I am now, that they have shown that they care for the City. And I think that we should accept this and don't ask them for more than they might not be able to give. Mr. Mielke: I think Mr. Mayor, if I may, Commissioner Alonso and Commissioner Plummer, because I've been at this almost thirty years, and one of the things when you make a deal, you give your word. Now, my word is obviously subject to you... this gentleman passing on it and then you passing on it, and I recognize you have the absolute right to turn this contract down, make no mistake. I think what you have to understand is, is that the Lodge, the FOP cannot, is not going to go back and say to two or three dozens, I may be off by twelve other people, saying, you're not going to get anything. I mean that would cause anarchy in the ranks and it just would cause them a major, major problem. That means, that we are going to special and we are going to be back here, and that means you the Commissioners are going to have to stuff it down our throat and that means we are going to have a lot of morale, more morale problems than we've got. Now, I understand where you're coming from and I don't argue with it and I respect you for those thoughts... 146 May 24, 1990 U. Mr. Odi.o: Let me point this out. Let's suppose that we got what we wanted and we said, the people making over fifty-five, which might be thirty-six affected, we are going to ask to take a five percent cut, that's a hundred thousand dollars. We are getting two million dollars in savings here. Commissioner Alonso: But the point is that we have to be consistent, at least from my point of view. How can I go to one group and request that from them and then not from the others? It's just the point, I have to be consistent. i realize your point, I think it's a good contract, I agree with the rest of the contract, but in this point, I, for myself, I'm not talking on behalf of anyone else, I have to be consistent. How can I proceed June 7th and ask the rest of the people? I don't see how I can do it, even though I realize the importance of this contract and I'm very much in favor of voting for this contract and I agree with the job that, they... all of the things but how can I go and say I am consistent, when I say yes to this group and no to the other? I don't see how. Commissioner De Yurre: Mr. Mayor, in understanding her point that she needs to remain consistent, she may just have to vote no, to remain consistent, and I'll just go ahead and move this item to accept the contract. Vice Mayor Dawkins: Second. Mayor Suarez: So moved, to accept that negotiated contract agreement. Seconded. Any further discussion from the Commission? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-384 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE. ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1991, UPON THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED 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 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 Plummer: I'm sorry, I've got to ask a question. Of those thirty-six Officers, thirty -•six people involved, give me the rough amount of what it would amount to? Mr. Odio: I'd say, they're suppose to be making around fifty... that's two million dollars, you take five percent, it's $100,000 that you would save, when they are giving up about two million dollars. That is as simple mathematics as I can make it. Commissioner Alonso: Mr. Manager, there are other ways to analyze that, but I don't think I will go into that. 147 May 24, 1990 0 Mr. Odio: The only way T have it is with numbers and T will prove that on the lth. Mayor Suarez: That's mathematically not the best way, Mr. Manager. I agree with Commissioner Alonso. Commissioner Alonso: Yes, I'm not going to go into that. Mayor Suarez: You could of probably figure out what a step increase amounts to for the two ranks and multiply it by the number of officers involved. Mr. Odio: That's what I did. Mayor Suarez: Not really, you took the total salary. Anyhow... Commissioner Plummer: My heart is... Mayor Suarez: And then took five percent of that. Commissioner Plummer: My heart is with the savings but for the sake of what I think is needed for the peace of tranquility of this department, I'll vote yes. 38. MAYOR SUAREZ INVITES PART-TIME EMPLOYEES FROM THE PARKS DEPARTMENT TO BE HEARD IN CONNECTION WITH JOB SECURITY CONCERNS (See label 43). Mayor Suarez: By the way, let me make a quick announcement if I may. There are some employees here from Department of Parks, and you have been concerned about your part time status, your minimal pay, etc., etc. What I am going to do is, you are not on the agenda. As soon as we finish the regular items before we get to personal appearances, have the principal person make a statement and schedule you for a full hearing, unless the Manager can suggest an alternative procedure. Because you are not represented by a union either, on top of everything else, so you can't even have your union president contact us or• negotiate with us, and you should be able to make a statement and then if need be, we will have a full-fledged hearing. But you won't be allowed to make a statement, I think. I've been told Mr. Alea is the head of the group. 39. (A) AUTHORIZE ADMINISTRATION TO UTILIZE MONIES PRESENTLY AVAILABLE FOR CONTINUED DEVELOPMENT OF BAYFRONT PARK - TRUST TO RAISE NECESSARY EXTRA DOLLARS IF IT INSISTS IN PURSUING THE NOGUCHI PLAN. (B) AUTHORIZE ADMINISTRATION TO PAY P.N.M. CORPORATION $650,000 AS COMPLETE SETTLEMENT OF DEMANDS AGAI14ST THE CITY (Circuit Court Case No. 89-3447-CA-261). Mayor Suarez: OK. Item 27. Mr. Fernandez: Yes, Mr. Mayor. On item 27, this is a settlement of a lawsuit that was brought against this City by the contractor for one of the main projects, if not the entire of Bayfront Park. This was mostly a delayed claim. They alleged that the City owed them in excess of two million dollars. After many months of litigation, and after employing experts and really analyzing this case thoroughly, we have recommendea to you jointly with the administration, that it would be in the best interest of the City without admitting liability, that the City accepts a settlement in the amount of $650,000 to settle what they claim to be a $2.1 million liability on the part, of the City. Mr. Chris Krutz from my office was the Assistant City Attorney who handled this case, and I would like for him to answer any questions that you may have. Also, you should know that, as you well know, because you approved it, that the firm of Steel Hector and Davis provided us with special assistance in bringing this case to what we considered to be a successful termination by settlement. 148 May 24, 1990 Mayor Suarez: Only an attorney would propose that we pay out $650,000 and not admit liability. You get a kick out of that? But I think I know what you mean, that we don't, in principle, we are not liable but we are paying out $650,000. Commissioners? This represents the end of a long drawn out process that have seen a total of what, $31,000,000 spent in Bayfront Park? Whatever amount it is, most of it, thank God from other sources, but a lot of it from our own. Commissioner Alonso: We better wait for them to come back. Vice Mayor Dawkins: Can somebody tell me what I already know, why we had to pay the money? Mr. Chris Krutz: Because there were issues of liability that were adverse to the City, and to avoid the potential judgement of $2.1 million. Vice Mayor Dawkins: OK. Mr. Odio: Let me tell you what happened, Commissioner. That's not a... Vice Mayor Dawkins: No, no. That's what we are paying him for. That's what we paid him to do. Sit tight. Mr. Odio: OK. Vice Mayor Dawkins: Now, did Mr. Noguchi make changes that we had to get change orders for that caused the cost to escalate? Mr. Odio: Yes. Mr. Krutz: Yes, sir. Vice Mayor Dawkins: And what else happened over there that we had to assume responsibility for? Mr. Krutz: Delays, and site access availability, changes in the plans, changes in the actual light tower structure. Mayor Suarez: Made by whom, Chris? Changes made by whom? Mr. Krutz: The change in the light tower was a design change by the artist. Vice Mayor Dawkins: Whose artist? Mr. Krutz: Noguchi. Vice Mayor Dawkins: Noguchi, all right. Mr. Krutz: Which was... Mayor Suarez: Well, because from reading from newspapers, you would get the impression that we changed the designs and somehow cost more money to the citizens of Miami instead of the correct historical fact that the architect has changed many, many times. He was a presumably a genius in his field and he changed his mind many, many times. Cost us an incredible amount of money. Mr. Odio: He was an expensive genius. Mayor Suarez: He was an expensive genius. Commissioner Alonso: Just for my information so I don't make... so that if in the future we are in a similar situation that I don't that mistake that has cost the taxpayers in part thirty two million, that every time I think about that, I'll die. But anyway, when they were going through the changes, did they ever come to this Commission for approval? Commissioner Plummer: Some of them, yes. Mr. Odio: Some of them, yes. This is way back... Commissioner Alonso: Why some, why not all of them? 149 May 24, 1990 11 A Comrrss.i_oner Primmer: Some were major and some were minor. Mr. Odio: There was some... at the time, Commissioner, that was prior to me being City Manager, I know that we had some people from the DDA which are no longer there that were making decisions, it is a long history of mistakes,... Commissioner Alonso: Very costly. Mr. radio: ... or the architect was given free hand, because he was very protective of his design. Mr. Krutz: The contract was increased three times, pursuant to three resolutions, one in 186, one in '87, and one in 189. The cover memo actually left out, by mistake, one of the latest increases in 1989, and it was over a million dollars in changes that occurred. Commissioner Plummer: Let me give you, if I may, that you know, one example which maybe you don't want to hear. That fountain when designed, was to be done in two parts. The first part was to be done by the Corp of Engineers, which was the base. The second part was to be done by the private sector through a competitive bidding. At the time when the Corp of Engineers started, they made changes and did not notify the City. We went out with an RFP based on the design, and when we got the company to come in, they said this is not the design we bid on and we were not aware that Corp of Engineers had complete, not completely, but had made major changes to that fountain. Now... Mr. Odio: Let me say the good news, Commissioner. Commissioner Alonso: The good new is... Mr. Odio: I just got the word that we had to visit the Corp of Engineers, because we had also another back charge of about $400,000. They have agreed now to pay the City $226,000. So, that's good news for a change. Commissioner Plummer: Mr. Mayor, as you know, you appointed me to that authority. I have asked the City administration, and 1 am going to demand at the sake of resignation, if it is not done, I am extremely unhappy of the $30,000,000 in that park. I can show you poor workmanship. I can show you poor quality. I can show you a laser tower that is not doing what it was proposed to do. I can show you a fountain that is not operating the way it should be operating. I can show you cracks in walls that you can stick your hand in. I can show you concrete and walking surfaces that have already sunk over six inches. I am asking this Commission to expend the monies, that we don't wait for four or five years when major, major refurbishing is going to have to be done to wait and try to point a finger. I am saying to this Commission, that I think it is important that we bring in an independent person to do an analysis of the quality and the quantity of work that was done. It is estimated by Mr. Wally Lee, I don't know if he is here, that, that cost factor will be around $50,000. I think it is money well spent. Mayor Suarez: But what, if I may and with all due respect, what good will it do to know everything that was over spent on something that was already, as the French say, "fait accompli." It's done. Commissioner Plummer: We can instigate... No, no. Not over spent. I was saying if the workmanship is not up to the quality that it should have been, we should instigate lawsuits against the particular companies at this time. OK? - _ Mayor Suarez: Well, Mr. Manager, will we need a consultant to do that? - your own people can't determine. _ Commissioner Plummer: Well, I don't think to go into court,, you could do it with City people being the expert witnesses, that's why I said, I think you = need an independent person. -- Mayor Suarez: Well, you always hope if - you know, your own experts can serve as ,your own witnesses, if they know what they are talking about, but you may be right that you need an outsider, I don't know. -t =' 150 May 24, 1990 t 2 Mr. Odio: What I wnuid like to do is... why don't. I have some people in from the City inspect; it first, and then meet with the Commission and decide whether we do need something or. not. — Commissioner De Yurre: Well, you know what we can do is, since this would be =_ in preparation for litigation, and we are looking for basically an expert witness, they can come out from the City Attorney's fund. Commissioner Plummer: Look, all I am saying to you is that, let me give you one example. We turned on the fountain for the first time this week. OK? Don't laugh. _ Commissioner De Yurre: Did any water come out? Commissioner Plummer: I don't want to tell you the nickname that it has - already got. But let me tell you that underground tunnel already has a major = leak in it. ` Mr. Odin: Well, that's expected. Commissioner Plummer: What you mean, it's expected? For three and -a -half _— million dollars, I don't expect leaks. Mr. Odio: Yes, you do. In any construction it is expected. -_ Commissioner Alonso: When I visited it months ago, I was assured that everything was fine. Mr. Odio: A brand new pool will leak, that why you run test on it. Commissioner Plummer: Mr. Manager, I am saying that... Mr. Odio: I think the mistake was to show it to you before it was finished. Mayor Suarez: I would give $100.00 to whoever has a nice sketch of this fountain with this leak, when somebody is sticking his finger into the leak and saying it was expected. Commissioner Plummer: Yes. Commissioner Alonso: And worse, when you walk through that park and you think of thirty million dollars in a park, you say, where did it go? Because I have visited it several times, just checking and thinking with an open mind, saying, where is the money? I don't know where it is. Mayor Suarez: The worst part of it all really, if you think about it, here you have a fountain, designed by presumably a genius, which if it isn't turned = on, doesn't look like anything. I mean that fountain has no artistic value whatsoever, if you looked at it now, and it is complete substantially, isn't it? Commissioner Plummer: The fountain construction -wise is completed. We are only... Mayor Suarez: If you are not turning it on, it looks like, it's nothing at all like you would see in any other important City in the world, and let alone Europe... Commissioner Plummer: Well, excuse me, Mr. Mayor. Mayor Suarez: ... or in the Far East or any place. Commissioner Plummer: We are only experimenting with three programs for the test. There are a total of sixty-two programs that will run that fountain. Mayor Suarez: It's a hydraulic engineer's dream, and it's a headache and a nightmare for the rest of us. All right. Commissioner Plummer: Well, Mr. Mayor, I want you to be aware of two other things. We have not yet made a determination to the costfactor of the operation of that fountain. I can only tell you it is going to be extremely high. 151 May 24, 1990 Mayor Suarez: I understand we have meters now in place, and we are trying to check the electricity usage. Commissioner Plummer: That is correct. Mayor Suarez: All right. As to item 27. Commissioner Plummer: Wait, wait. Mayor Suarez: Yes. Commissioner Plummer: I got other bad news for you. Mayor Suarez: Complete the bad news, report. Commissioner Alonso: Oh, more? Commissioner Plummer: I want you to know that there is also another lawsuit pending. That lawsuit is in reference to Mr. Sadao on behalf of the Noguchi heirs, in which they are asking for somewhere in the neighborhood of $400,000 additional funds. Two hundred and fifty I think, is what they are asking for Noguchi's heirs and Sadao is asking for another hundred and fifty to complete the south end of the park. Mayor Suarez: And ,you know the irony is, I don't know if that's part of that cause of action. As I understand it is because we tried to make changes to make the thing less expensive, and the architects feel that, that is somehow a violation of their architectural copyright or something, I love that one. All right, next contract that we enter into with world renowned architects, as opposed to local architects that would have been fine, let's make sure that we retain the right to make whatever changes we want and they can't sue us for changing their design. We could fire them anytime as long as we pay them for the work done up to that point. Commissioner Plummer: No, no. That's the basis. Mayor Suarez: No, no. I know that's what they argue. But I :Wean on future contracts, there is no reason why they should control the use of their design, we buy it and it's ours and we can stop work at any time and change the design if we want, if we draw the right contract that does that. Commissioner Plummer: Well, you have another decision to make, this Commission does, and that is in reference to the south end of the park. Of the monies remaining, we cannot accomplish the Noguchi plan. Mr. Wally Lee has put forth a plan of which, a plan that will be able to be done for the monies that are remaining. The authority has violently said that they want to go with the Noguchi plan for whatever monies that are there and we realize that it will not be finished. Mr. Odio: Commissioner, my instructions to Wally was to go back and tell the Trust that they pay for the difference. Commissioner Plummer: Sir, I think this Commission needs to tell that Trust, there are two options, and I think you are going to have to make a decision on one of the two. Whether you do the Wally Lee plan for the monies that are there left, or whether you are going to do the Noguchi plan to the extent of the monies available. Mayor Suarez: All right, and that's not before us, let's please ... yes. Commissioner Alonso: We received a letter from the architect in that respect, didn't we? Yes. Mayor Suarez: Yes, I don't think the architect is too pleased. Mr. Vice Mayor. Vice Mayor Dawkins: I will say again as I have said for the last five years, thirty million dollars is enough in that park, and I don't think we need to do anything else. The Wally Lee's part of .it or the Noguchi part of it. Mayor Suarez: All right. 152 May 24, 1990 Commissioner Alonso: But we have to, that's the problem. Commissioner Plummer: That has to be, that's the state money. _ Vice Mayor Dawkins: Put sod in. Commissioner Plummer: No, that's Jack Gordon. Mr. Odio: That's exactly what we are going to do. - Commissioner Alonso: Then it will be Jack Gordon after us. _ Commissioner De Yurre: But, no, we have... is there enough money to build the - small amphitheater that we had in mind or not? Commissioner Plummer: There is a mound by the Wally Lee plan, but it does —_ include the bathrooms. Commissioner De Yurre: It does have bathrooms, and running water? Commissioner Plummer: Yes. Maybe from the fountain, but we have got running water. Commissioner Alonso: It's big enough, why not. Commissioner De Yurre: Now if we put sod there, we still have to put a sprinkler system? Mr. Odio: Yes, sir. This is serious... Commissioner De Yurre: So the money is there for that kind of thing. Mr. Odio: ... because the Trust is saying, we won't accept what the City wants to do, we wanted Noguchi. Commissioner Plummer: No. The City has not spoken. Mr. Odio: Well, Wally has. Commissioner Plummer: Wally has spoken, but this Commission hasn't. Mr. Odio: You need to tell the Trust that, it is not their money, it is our _ money and we don't want to spend it. Commissioner De Yurre: Well, all we can say is that we can put the Noguchi plan in standby for the next twenty years, when we just do what we can now -- until we get some funds to finish it. =- Vice Mayor Dawkins: No. He said it from the beginning. The Trust have to realize that they do not run. the City of Miami. They can help us finance the _= City of Miami. Now, if the Trust will make... now, and let's don't go for what J.L. Plummer... see, Commissioner why we are here, they promised J.L. _- Plummer and I that they were going to build this and they never built it. So now, if the Trust bring us the money up front, then we will do what they want done. = Commissioner Alonso: Oh, sure. Yes. That's a message. Commissioner Plummer: Put it in a resolution. Commissioner Alonso: Why not? Yes. Mayor Suarez: All right, I'll entertain that in the form of a resolution. Vice Mayor Dawkins: OK. I move that we use what monies we have to do whatever we can do in the park and in the event that the Trust, now you all, don't let me make this, somebody else make it. Mayor Suarez: You doing well. 153 May 24, 1990 0 0. Vice Mayor Dawkins: All right, fine. And in the event that the Trust wishes to do something different, then the Trust can do one of two things. Either find more money to do what they want to do or. resign. Mayor Suarez: All right. That carries the spirit of what we want the Trust to understand, that if they want to deviate from the only plan that seems to be feasible with the monies that we have on hand, that they have to pay for it themselves or resign. So moved. Do we have a second? Commissioner Alonso: Can we remove the resign part? Vice Mayor Dawkins: OK. I'll amend it to remove the resign. Commissioner Alonso: OK. I second it. Mayor Suarez: Well, consider resignation. So moved. Second by Commissioner Alonso. Call the roll. I think that sends a signal. The following motion was introduced by Vice Mayor Dawkins, who moved its adoption% MOTION NO. 90-385 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO USE WHATEVER MONIES ARE PRESENTLY AVAILABLE FOR BAYFRONT. PARK TO DO WHATEVER NEEDS TO BE DONE; FURTHER, STATING THAT IF THE TRUST WERE TO INSIST IN PURSUING THE NOGUCHI PLAN FOR THE PARK, THEN IT WOULD BE UP TO THE TRUST TO FIND THE NECESSARY MONIES TO ACCOMPLISH SAID PLANS. Upon being seconded by Commissioner Alonso, the motion was passed .and adopted by the following vote: AYES: Coaunissioner 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: Item 27 then on settlement. Commissioner De Yurre: Moved. Mayor Suarez: Moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any further discussion on it? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-386 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO P.N.M. CORPORATION, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $650,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 89-3447- CA-26, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS A14D DEMANDS, SAID MONIES THEREFOR TO BE ALLOCATED FROM ACCOUNT NO. 671001-230.102-652 ($400,000) AND ACCOUNT NO. 383002- 269901-960 ($250,000). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 154 May 24, 1990 AWL 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. Commissioner Plummer: What can I do about getting an independent appraiser to go in there and certify? Mayor Suarez: I think the Manager said that they were going to try to do it with in-house staff and then get back if they could. Mr. Odio: We will do an in-house study, and then come back to you and say if we think we do need a... Mayor Suarez: For approval of funding. Commissioner Alonso: Do they have the expertise to do this... Mr. Odio: We do have professional. engineers on staff. Commissioner Alonso: ... to this kind of job? Mr. Odio: Yes. Probably Works can do that. Commissioner De Yurre: We can always get an expert if it comes down to going to court. You know, we can have our own people. Let's see where we are at, and then if we need to spend the money, we will. Commissioner Alonso: We are in trouble. Commissioner Plummer: Victor, it does not take an expert when you climb to the top of that laser tower. Commissioner De Yurre: Well, that's what I am saying... Mayor Suarez: That's what he is saying. Commissioner De Yurre: We don't have to get one. Mayor Suarez: There is no need to get one. There may be... a more appropriate point may be during litigation itself. Commissioner De Yurre: That's right. And that way the City Attorney's Department, you know, they can pay for it. Mayor Suarez: He is looking for a way to have it come out of City Attorney's budget. DOTE FOR THE RECORD; At this point, Agenda items PZ- 4, PZ-5, PZ-6 AND PZ-7 were withdrawn. 155 May 24, 1990 -------------------------------------------------------------------------------------- 40. APPROVE APPOINTMENT OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN AND QUENTEL, PA TO SERVE AS SPECIAL COUNSEL ON REVIEW OF OFF-STREET PARKING DEPARTMENT'S PROPOSED NEW RETIREMENT PROGRAM. ---------------------------------------------------------------------------------- Mayor Suarez: Final item prior to the public hearings was 29. Mr. Fernandez: Twenty-eight. Mayor Suarez: Twenty-eight rather. Mr. Fernandez: Yes. This is an item from the Department of Off -Street Parking and I don't see Mr. Mulvena but I can present it to ,you. The Department of Off -Street Parking is in the process of revamping, rewriting their entire pension program, and as you know, the employees of DOSP are not members of any of the City's pensions. You should also know that in my office we don't have the expertise to deal with pension and tax matters, as we are not the counsels for either of the City's pension programs either. And so, in order have a legal review of the pension documents for DOSP, the Board as well as the Administration and myself, we have concurred in coming to you and seek ratification for going outside and getting special counsel, tax counsel to look at the pension plan and advise and ensure that it's legally correct. Commissioner De Yurre: And that's paid by Off -Street Parking, of course? Mr. Fernandez: And that is paid by Off -Street Parking, but it has to come in front of you and you have to approve whenever we go out for a special counsel. We have through the selection process, we have concurred that it's Mr. Mulvena, the Board of DOSP and myself that the firm of Greenberg Traurig was the best firm to provide these services. We have agreed that they would not charge us more than $150.00 an hour, we have limited the scope of their work and we certainly believe in, we can assure you that it would come in at less than the $5,000 that I'm asking you to approve. Commissioner De Yurre: Let me ask you this and maybe it's just something I assumed. Isn't it usually that the cost per hour that we get, or the fee per hour is a hundred and a quarter from people that work for the City? Mr. Fernandez: It fluctuates between a hundred and a quarter, a hundred twenty-five to a hundred and fifty, maximum. Commissioner De Yurre: Which ones have done for a hundred and fifty lately? Mr. Fernandez: The, I believe that the case of Steel Hector and Davis were that law firm has assisted us, they have done it for a hundred and fifty. There could be perhaps another firm where we have agreed with them to render us limited advice or assistance for a hundred and fifty. But the rate is a hundred and twenty-five, otherwise... Commissioner De Yurre: OK. Mr. Fernandez: ... Keeping in mind that when the going rate to the private sector is in the neighborhood of two hundred and fifty to three hundred dollars, we believe that one hundred and fifty is reasonable. Commissioner Plummer: Question. Why did they need a new retirement system... - what's wrong with their old ore? Mr. Jack Mulvena: Commissioner, the original one is nearly twenty years old. One example of a point of change was that the maximum interest that our employees would be paid for their participation was six percent. So we are... o:,e of the many, many changes is to give them a return on their dollar if they should leave up to eight percent. Also, we have since and such an old document forbidding people who get to be fifty years of age, from entering into the pension plan, and we think we are at risk legally on that. So, there is a whole series of numbers when you have a... Commissioner Plummer: How many years do they have to be with the Off -Street Parking before they're vested? 156 May 24, 1990 0 El Mr. Mulvena: Right now it's ten years to be vested and that will be changed to f ive. Commissioner Plummer: You're going to make it less? Mr. Mulvena: Yes. Commissioner Plummer: Why? Mr. Mulvena: Well... a lot of these are... Commissioner Plummer: What is it with the City now... isn't it ten years? What's vested right in the City? Mr. Fernandez: Ten. Commissioner Plummer: Ten years. Why would you reduce yours to five? Mr. Mulvena: Well, we are balancing a series of things you take away and give to the employees and we figure that with our particular industry and what not, that we wanted to give them that. Once an employee is with us for five years, J.L. they are with us for a long time. Commissioner Plummer: Then fine, make it ten. Gives them an incentive to stay. Mr. Mulvena: Well, as in the relationship that you have mentioned with the union, we don't have a union but we have our employees participating in this change. Mayor Suarez: Excuse me for a second, Jack. Mr. Mulvena: Yves. Mayor Suarez: Let's have quiet in the Chambers, please. In the back, Officers in the back, we need quiet in the Chambers. If you can't be in the Chambers quietly, then please step outside, go upstairs, you can still hear the proceedings, or outside. Mr. Mulvena: Basically Commissioner, it's just a benefit we are giving for taking some back in some of the changes. Mayor Suarez: OK. Anything further on that item? Am I reading wrong or is it a five thousand dollar item? Mr. Mulvena: Five thousand. Mr. Fernandez: It's a five thousand dollars. Mayor Suarez: Just about within the Manager's discretion, I'll entertain a motion on it. We have a lot of other items, Planning and Zoning, we have the items left over from the morning, including the Chief 's contract, we have personal appearances and all the Planning and Zoning. By the way, the Planning and Zoning, I mentioned they were pulled by the Administration to be continued actually. They are continued... PZ-4, 5, 6, and 7 until the next Planning and Zoning agenda, which will be as second meeting in June. Well, what date is that set at this point... the 28th? I believe the 28th. All right. So announced. Entertain a motion on item 28. Commissioner De Yurre: Moved. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. 151 May 24, 1990 E El The following resolution is introduced oy Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-387 A RESOLUTION APPROVING THE APPOINTMENT BY THE CITY ATTORNEY OF THE LAW FIRM OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. TO SERVE AS SPECIAL COUNSEL ON THE REVIEW OF THE DEPARTMENT OF OFF-STREET PARKING'S PROPOSED NEW RETIREMENT PROGRAM AND WITH MONIES THEREFOR TO BE PROVIDED FROM SAID DEPARTMENT'S FUNDS WITH THE FEE FOR SUCH SERVICES NOT TO EXCEED $5,000.00 (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. NOTE FOR THE RECORD: At this point, Agenda item 29 was withdrawn. ------------------------------------------------------------------------------- 41. (A). MOTION FAILS TO APPROVE INCREASE IN CONTRACT WITH SIGMA CONSTRUCTION AND ENGINEERING CORP. FOR DEMOLITION OF FORMER INCINERATOR NO. 1. (B) RECONSIDER PRIOR VOTE ON FAILED MOTION TO APPROVE CONTRACT WITH SIGMA CONSTRUCTION AND ENGINEERING CORP. (C) AUTHORIZE INCREASE IN CONTRACT WITH SIGMA CONSTRUCTION AND ENGINEERING CORP. FOR DEMOLITION OF INCINERATOR NO. 1 (CIP 311018) - RATIFY MAII'AGER'S FINDING OF EMERGENCY. ----------------- ------------------------------------------------------------ Mayor Suarez: Public Hearing, item 30, an increase in the contract between the City and Sigma Construction and Engineering for the demolition of Former Incinerator No. 1. And as an emergency circumstance. Commissioner Plummer: Move it. Mayor Suarez: Where are the funds coming from?... Previous, Capital? Mr. Prieto: This is a... no, this is from the sale of the municipal... Mayor Suarez: I got you. All right. So moved by Commissioner Plummer. Commissioner Alonso: Second. Mayor Suarez: Second, Commissioner Alonso. Any discussion? If not, call the roll. THEREUPON MOTI014 MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER AI.ONSO, THE HEREINABOVE MOTION FAILED BY THE FOLLOWING VOTE: 158 May 24, 1990 AYES: Commissioner J. L. Plummer, Jr. _ Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins ABSENT: None. Mr. Fernandez: It's a four -fifth items, so it failed. Commissioner. Plummer: Fails. Commissioner Alonso: Fails. Mayor Suarez: All right. Fail as an emergency. Mayor Suarez: Item 31. Commissioner De Yurre: Why don't you move it as a regular item? Mr. Fernandez: You can't. Mayor Suarez: No, it's a resolution. Mr. Odio: What happened here... This is the removal of the asbestos that we had to move fast on the, all the... Commissioner De Yurre: Has the work been done already or not? Commissioner Alonso: Yes. Mr. Odio: Yes, sir. Unidentified Speaker: Yes, it's finished. Commissioner De Yurre: So what's the emergency. Mr. Odio: We have to pay for... because it's... and after the fact... fine. Mayor Suarez: So what happens if it gets voted down?... we just have to — schedule it and... Mr. Odio: We don't pay it. Mr. Fernandez: No, no. The four -fifth does not go to the emergency, the four -fifth goes the fact that it's an after the work situation that's coming to you because... Commissioner De Yurre: Well, I'll reconsider. I'll move to reconsider. Mayor Suarez: Move to reconsider. Vice Mayor Dawkins: Second. Mayor Suarez: Call the roll on the motion for reconsideration. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-388 A MOTION TO RECONSIDER VOTE ON PREVIOUSLY FAILED MOTION WHICH WOULD HAVE AUTHORIZED AN INCREASE OF $60,000 IN THE CONTRACT BETWEEN THE CITY AND SIGMA CONSTRUCTION AND ENGINEERING CORPORATION FOR THE DEMOLITION OF FORMER INCINERATOR NUMBER ONE (AGENDA ITEM 30). Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by the following vote: 159 May 24, 1990 0 AYES: Commissioner Victor De Yurre Commissioner. T. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Entertain a motion on the item itself. Commissioner De Yurre: Move it. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-389 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $60,000, IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND SIGMA CONSTRUCTION AND ENGINEERING CORP., DATED FEBRUARY 20, 1990, FOR THE DEMOLITION OF FORMER INCINERATOR NO. 1, CAPITAL IMPROVEMENT PROJECT NO. 311318, SAID FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS ORDINANCE. NO. 10642, WITH FUNDS ALREADY ALLOCATED TO THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OR FOUR -FIFTHS OF THE MEMBERS OF THE CITY COMMISSION, AND ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Vice Mayor Miller J. Dawkins ABSENT: None. 42. RATIFY MANAGER'S FINDING OF EMERGENCY - WAIVE FORMAL BID PROCEDURES FOR PROCUREMENT OF ITEMS REQUIRED FOR THE CARIBBEAN BASEBALL WORLD SERIES - ACCEPT INFORMAL BIDS FROM: (a) FENCEMASTERS, INC. (FURNISHING / INSTALLATION OF FENCING AND MATERIALS); (b) CONTEMPORARY SERVICES, INC. (FURNISHING PERSONNEL SERVICES). Mayor Suarez: Item 31. Final item of public hearing. Mr. Odio: This was the... Commissioner Plummer: Where is this money coming from? Mr. Odio: This is from the Enterprise Prize Operating expense. Commissioner Plummer: Why? 160 May 24, 1990 Mr. Odio: We got paid... This Is the Caribbean series of Baseball that was played at the Orange Bowl. Commissioner Plummer: You mean it partially played at the Orange Bowl. Mr„ Odio: They paid rent to us for them to play there. Commissioner Plummer: How much did they pay us? Mr. Albert Ruder: There were guaranteed $40,000 and that's what we got. But the deal was that we would... after we provided these services which we did, the guarantee was still. forty thousand and that's what we got for this first year. Commissioner Plummer: So we got forty thousand and it cost us forty-six. Mr. Ruder: No, no. That was after expenses and everything, the guarantee was forty, this is all factored in and we are going to be making forty thousand... net. Mr. Odio: We are making a net profit thousand dollars. Commissioner Plummer: OK. Mr. Odio: And we are moving the series out of the Orange Bowl, which... Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-390 A RESOLUTION, BY AN AFFIRMATIVE 4/5THS VOTE OF THE CITY COMMISSION, RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S FINDING OF A VALID PUBLIC EMERGENCY RELATING TO THE WAIVER OF FORMAL BID PROCEDURES FOR THE PROCUREMENT OF CERTAIN ITEMS REQUIRED FOR THE CARIBBEAN BASEBALL WORLD SERIES HELD FEBRUARY 5 THROUGH 11, 1990 AT THE ORANGE BOWL STADIUM; FURTHER RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S ACTION IN ACCEPTING INFORMAL BIDS AS FOLLOWS: THE BID OF FENCEMASTERS, INC. FOR FURNISHING AND INSTALLING FENCING AND MATERIALS AT A COST NOT TO EXCEED $16,000 AND THE BID OF CONTEMPORARY SERVICES, INC. FOR FURNISHING PERSONNEL SERVICES AT A COST NOT TO EXCEED $30,000 FOR SAID 1990 BASEBALL SERIES; ALLOCATING FUNDS THEREFOR IN THE TOTAL AMOUNT OF $46,000 FROM THE FY'90 ORANGE BOWL ENTERPRISE FUND OPERATING BUDGET, TO BE REIMBURSED FROM THE PROCEEDS OF SAID 1990 SERIES. (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. 161 May 24, 1990 11 43. (Continued Discussion) MAYOR SUAREZ INVITES FART -TIME EMPLOYEES FROM THE PARKS DEPARTMENT TO BE HEARD IN CONNECTION WITH JOB SECURITY CONCERNS (See label 38). Mayor Suarez: Employees from the Parks Department, would you please stand up and have one of your number come up and make a quick statement, as to what it is that you are requesting. Have your group stand up so we know who is here on that issue. OK. Would you please make a ;statement, make it as brief as you can and we may have to have the item scheduled for a later agenda. May sit down. Mr. Aldo Alia: Mayor, yo prefiero hablar en espanol porque el ingles mio no es muy fluido. Mayor Suarez: Can we get somebody to translate? Mr. Manager. Mr. Alia: Right. It's better for me because that way, I can explain everything in Spanish. Mayor Suarez: You're doing pretty well in English. Mr. Alia: But, it's better I talk in Spanish. Mayor Suarez: All right. We are going to do a lot of discussion, if you tell us what the basic problem is in English, maybe you don't need a translator. Mr. Alia: OK. Mayor Suarez: Your name is? Vice Mayor Dawkins: Pull the mike down... right, there you are. Mayor Suarez: You can pull the mike right close to you... You're doing... Mr. Alia- My name is Aldo Alia, I'm working for the Golf Course Department division, more than four years, about four years. Mayor Suarez: It's Parks Department and within the Golf Course, is that right Al? Mr. Alberto Ruder: Yes, sir. Mayor Suarez: And, how many years? Mr. Alia: It's at least, about four years. I started on July 29, 1986. Mayor Suarez: Are you a part-time, so called part-time employee? Mr. Alia: Part—time, with thirty-nine hours. Mayor Suarez: OK. Now, are these the same as the other ones? - and for how many years we've been saying that they should be made into full-time, that they are in fact full-time, I mean, thirty-nine hours sounds like an hour away from being full-time. Mr. Odio: There are two types, temporary and part-timers. Mayor Suarez: Right. Are they, for example, in his case, he is working thirty-nine hours, he has been apparently working... Mr. Odio: He is a part-time employee as per the contract which allows us to have, with AFCSME, that allows us to have one hundred and fifty of them. Mayor Suarez: One hundred and fifty? Mr. Odio: Part-timers, up to a hundred and fifty part-timers. 162 May 24, 1990 Mayor Suarez: OK. Now, there -ire some Employees that we specifically know that we don't need for an entire day, we just may need in the afternoon. Mr. Ruder was trying to tell me about it before who are classic part-time, they wouldn't want to work full-time, they don't expect to work full-time, we don't want them to work full-time. Are there some like him who apparently, from what they have told us, want to work full-time and they have been for four years, waiting for that extra hour, so that they can be full-time and get. benefits. Mr. Odio: Well, yes. What we can do is, when we have a register somewhere else, they can apply for it. If he has been in the City for four years, he could have applied for any job openings in other departments of the City. Mr. Alia: Excuse me, excuse me. I applied for a different scene twice, and I never receive any question back. Not only that, when I can show you, this Mr. Mayor, you can see that... Mayor Suarez: You can't tallc unless you are close to the mike, or you can take that one with you. The hand held one, you can take with Mr. Alia. Mr. Alia: All right. You can see that bill, and not only that one, I got one bill, Mrs. Raquel. Regalado, I showed him the bill of my payment about two years ago, ninety-four hours, I worked in two weeks, and you know, I received it straight time. That is not the law, when you got forty hours, you are supposed to pay time and -a -half. You know, when you got eleven months and twenty-nine days, you suppose to enter like a full-time man, but it is not given to you. Layoff, call back again. That is the law in the United States. You know, that is the truth. Mayor Suarez: Mr. Manager, sometime ago, maybe a year, maybe a year -and -a - half, maybe two years ago, I know I sent memos, and I believe the Commission discussed the issue of employees that are part-time, but are kept year after year as part-time. They were initially thought of being cyclical employees, only in parks, unless they specifically are only needed for a couple hours a day, and they understand they are being hired for that purpose. There are no seasons in Miami, they need to be kept full-time, and this is kind of a maneuver here, a manipulation, I mean have got... or a ruse. You have got somebody working thirty-nine hours. I thought you had informed me at the time, prior to budget season, and the rest of the Commission, that these employees were all going to be made full-time after serving one year in a part-time capacity. Mr. Odio: No, sir. No, sir. The request that you made and I looked at the transcript, was that we had about twenty-one temporary employees, that as soon as we could, we would move them up, and we did. Mayor Suarez. OK. What is the difference between temporary and part-time, thirty-nine hours a week? Mr. Odio: The temporary employees are, we were allowed to hire them without going through the Civil Service requirements, which is to fill out a register, and the proper interviews, and etc. And they do not become permanent employees of the City. Mayor Suarez: They work forty hours a week? Mr. Odio: Yes. Mayor Suarez: Do they get benefits, insurance? Mr. Odio: No. Mayor Suarez: These so called part-time employees that work thirty nine hours, also don't get any insurance at all? Mayor Suarez: Well, maybe... Mr. Alia: No, no. Nothing else, nobody got. Mayor Suarez: Wait, sir. You are not being asked a question. 163 May 24, 1990 Mr. Odio: Let me say this. When they are hired and they are interviewed, and they come to us for jobs and we tell. them the only thing we have is a part- time job, it has no benefits. You might be able to work up to thirty, thirty- five, thirty-nine hours, you want it, yes or no. And they take it. Now, that has always been up front. We have never promised them that they will become full-time. Mayor Suarez: That reminds me a lot of the feudal system. You know, they didn't promise them that they would have any rights because they had no alternative, they couldn't work anybody else, except who ever owned the... Mr. Odio: Mr. Mayor, you do have alternatives. We make them all full-time and you find another six million dollars. Mayor Suarez: I can't imagine why the extra hour would lead to six million, but that may be something that we would have to consider, we will have to consider it. Mr. Odio: Well, I'll tell you how it comes up. You want me to? Mayor Suarez: I'm not ready to argue that out with you, Mr. Manager. Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. Mayor, you hit the nail on the head when you said this was a fluke. Now, the Manager sat down with the union rep, and they agreed that they would not lay anybody off, if they were allowed to work people thirty-nine hours, and by working them thirty-nine hours, they would have no benefits, no hospitalization, and no nothing. Getting back to our theory of saving money, you would save money at the expense, for a. lack of better word, holding these people in bondage. Because they have families, they have children, they need hospitalization, and jobs are not hard to come by, and when you put a man to work and tell him, or lady, either he can work or go home, and he has to go to Publix every Friday to buy milk and cheese and peanut butter, and he doesn't have much of a choice. So these individuals in my opinion, were used and locked into a system that we knew that they couldn't get out of, because their union representative at that, I mean, not their union but the guy representing AFCSME me, sat down with the Manager and worked out this agreement where they could work these people thirty-nine hours and they would have no benefits. Now, that was done by us. Mr. Odio: By the way, Commissioner, it happened in 1981. OK? Vice Mayor Dawkins: It still happened. Mr. Odio: Yes, sir. Vice Mayor Dawkins: OK? And the reason it happened, is why I said it happened. Mayor Suarez: OR. One other department that is similar to this, and maybe I am wrong on this, isn't this case somewhat similar to the famous 1199s" in Solid Waste, who also are complaining?... that are... Mr. Odio: Yes, they are stand by labor in Solid Waste. Commissioner Alonso: Yes. The people in Solid Waste, some of them have been working for three years, two and -a -half, four years, five years, I have checked and the ones have, all of delays, you see one and -a -half, two years, three years, four years, and these people have no rights at. all. Vice Mayor Dawkins: None whatsoever. Mayor Suarez: Now, is it clear in both cases? Commissioner Alonso: And worse with the 1199s," now they are let... laidoff. Mayor Suarez: Is it clear in both cases, Mr. Manager that any new jobs that open up with attrition or otherwise, will first be offered to these employees on a full-time basis? Mr. Odio: In the case of the 119ys". 164 May 24, 1990 a Mayor Suarez: Because the "99s" are complaining that some people passed them over. Mr. Odio: In the cise of the 1199s," they are moved up when there are permanent positions opened, except since we have been in conversations with the union, and we have eliminated five routes, which is twenty-five positions. There has been no movement up, yet we are using less standby laborers at this time because we have to, we have less, we are becoming more efficient in the way we are picking up the routes. Mayor Suarez: By the way, just .for the benefit of the public, it took me a while to figure out why they were called 1199s." You won't believe it, because there are 99 of them. There is no other logical category. If there were 75, I guess it would be called "75s." I don't know. Mr. Odio: That's right. Mayor Suarez: Now the Manager is suggesting that we work with what, 35 of them? Mr. Odio: No. The last conversation we had with Mr. Simms, was that we would go to 462 permanent positions and no standby laborers. Mayor Suarez: None at all? So, there are zeros now? Mr. Odio: That's what we are talking about, we are meeting tomorrow, so... Commissioner Alonso: So, how many people are losing their jobs? Mayor Suarez: I thought you were going to call, you told me you were going to call them "35s," it's going to be 35 of them, now you calling it, now they are going to be zeros, they are going to be called zeros, I guess. Mr. Odio: No, no. We are meeting tomorrow to go over those numbers. But we have been talking about the fact of no standby laborers. Vice Mayor Dawkins: OK. How many Parks part-time, Mr. Simms? How many part- time Parks people will we retain? How many, I mean, how many we will retain of them? Mr. Odio: Of the, you mean Parks Department, Commissioner? Vice Mayor Dawkins: Yes. Mr. Odio: I don't know at this time, you are going to see June 7, a proposal on the golf courses, especially in Miami Springs, in which we have been losing monies every year, that we go out on an RFP to have a management company take it over, and I might propose the same for Melreese. We are studying that fact now. We cannot keep the golf courses operational, we can't afford to do that, and we are going to propose that in the next meeting of the Commission. Vice Mayor Dawkins: Well, getting back to what Commissioner Alonso said, if we have a man that's been four years on the golf course and you sell the golf course, what is he supposed to do with his mortgage and his car payment? Mr. Odio: Well, what we should do is hopefully, convince who ever takes over, that they will give them first choice of work there. Mr. Alia: No, no. Mayor Suarez: What is lie? A typical... you finished? Vice Mayor Dawkins: Yes, Mr. Mayor. Mr. Odio: As you remember, Commissioner... and this is a right time to do this I think. You remember you ordered me to sell Miami Springs? - and I did negotiate with the County over a six month period and we did appraisals, and they came back with an offer that I couldn't bring back to you which was only for two and -a -half million dollars, and I rejected that. They have not come back with another offer, so I am assuming that that's as far as it will go. I cannot recommend that to you, so the only choice I have now is to come back to you and say that if we don't sell it, we should give it to a management company. 165 May 24, 1990 Vice Mayor Dawkins: If we don't sell, we should do what? Mr. Odio: Give it to a management company to run it as a private golf course. Commissioner Plummer: With a guaranteed return to the City. Mr. Odio: With a guaranteed return to the City. Commissioner Alonso: How many people are we talking about, employees? Mr. Odio: I think it's thirteen people that work on the golf course. Commissioner Alonso: In that golf course? Vice Mayor Dawkins: Well, what about the rest of the parks that... Mr. Alia: Between Miami Springs and Melreese. Mr. Odio: Thirteen people, yes. Commissioner Alonso: Thirteen? Mr. Odio: Yes. Vice Mayor Dawkins: There are other people in the Parks Department who are working under these same conditions. Let's just don't limit this as if this only affects people on the golf courses. Mr. Odio: No, no. We have 150 part-time people. Vice Mayor Dawkins: All right. One hundred and fifty of them. OK. Mr. Odio: That is correct. And it has been... Vice Mayor Dawkins: That's right. Now this is 150 people you talking about throwing in the street without a job. Mr. Odio: That's correct. Mayor Suarez: Sir, what is your per hour pay? Sir, Mr. Alia. Mr. Odio: Five dollars and fifty cents an hour. Mayor Suarez: All right. Assuming... Commissioner Alonso: Let me make it very clear. Excuse me, Mr. Mayor. I want to make very clear, before it even comes to us, a contract if it means letting these people go, I am not going to vote for any management contract of any kind. If it means letting these people go, so don't count on my vote. Mr. Odio: Well, that's your decision to make at that time. Mayor Suarez: Mr. Manger, my calculations and you know, my math has been wrong in the past I suppose, but if it's an extra hour a week the most of them need, that's fifty two hours in the year times five dollars is two hundred and fifty dollars roughly, their benefits... Mr. Odio: No, no. Mayor Suarez: ... let me finish my math and then you could try yours after that. It's two hundred and fifty dollars a year just for compensation, add benefits, which in the case of the City of Miami is roughly a factor of forty percent, in some employee cases, and the highest is the Police and Fire with fifty-two percent. At the very most we are talking a hundred thousand dollars and you are talking six million, so I hope... I don't want your math now, Mr. Manager. You don't need to gather half of your staff to try to contradict me. Mr. Odio: No, I... Mayor Suarez: I would hope that by next Commission meeting where we are going to discuss the whole issue of people who get paid over fifty-five thousand 166 May 24, 1990 dollars and how we can begin to reduce those, you have a calculation for me of what. it would take, and item by item, to make these employees into full-time, those who want to be, apparently there some that really just want to come for a couple of hours in the afternoon. Mr. Ruder was telling me and I know some of them, they just go to the park for a couple hours, they are happy with a part-time employment. The ones that want to be full-time, identify how many there are and how much it will cost the City with a break down... Mr. Odio: I have... Mayor Suarezt ... Please, you can't possibly have it now because you don't even know how many only want to work part-time. You are going to have to first, ask them. I know a lot of them only want to work part-time. Mr. Odio: I've been ready for this one. But, you see Mr. Mayor, the moment you make them permanent employees, their hourly rate changes, it goes up, so you can't calculate it on what they are making today. Mayor Suarez: Build into the next contract negotiation with the General Employees Union that there will be some of these employees that will accept a lower entry level rate. It's better than working thirty-nine hours a week without any benefits, Mr. Manager. Mr. Odio: And just to finish that one, Mr. Mayor, besides the hourly rate going up, then they begin to make a forty-eight percent increase in benefits. So, if they are making five dollars, it will cost you nine dollars. Mayor Suarez: I am aware of the percentage benefits. What they have now in benefits is zero. Are you telling me that if these employees get hurt on the job even, they have absolutely no insurance? Mr. Odio: They get workmen compensation. Mayor Suarez: That is the limit. The workmen compensation is the only thing they get? Mr. Odio: Yes. Mayor Suarez: They have no insurance otherwise? - and no other benefits, no vacation, nothing? Mr. Alia: Senor Mayor, one of... Mayor Suarez: Sir, we have given you a lot more time than was scheduled. In fact, infinite more time than was scheduled because you weren't scheduled at all. So, if you are not satisfied, you may come to the hearing that we have on June 6th... Commissioner Alonso: Seventh. Mayor Suarez: At 6:00 p.m. we have scheduled the whole issue of how to reduce the number of people over fifty-five thousand dollars in the City, in the hope that we could increase the people who go out there and do the work of cleaning up the City, doing Police work, doing Fire rescue, etc., at the level of field employees, field workers, and you may at that time want to give us input. Also, we'll be waiting for the figures from the Manager as to the impact of what you are seeking. In the meantime Mr. Manager, do we need a resolution that says, that these employees get first preference for any full-time jobs in that department? Mr. Odio: You can do it, but I will say there is no permanent positions at this time, and I don't plan to fill any. We have, I'm holding tight of not filling any positions. Mayor Suarez: In the upcoming fiscal year, or in the typical fiscal year, how many Parks Department positions become open? Mr. Albert Ruder: Last year, we promoted thirteen part-timers to full-timers. This year, we have already promoted five, and in process of... Mayor Suarez: Is that clear then, Mr. Manager, without a resolution that they in fact, get first preference? 167 May 24, 1990 e Mr. Odio: Sure. We were doing that. Mayor Suarez: All right. Sure sounds like yes to me, and I guess the same thing applies to the 1199s" in the Solid Waste Department. Mr. Cdi.o: Yes. Mayor Suarez: And maybe a list ought to be posted of who those people are, have some system so that they know they are not being passed over by people who come off the street and all of a sudden, seem to get the jobs. Mr. Odio: I wouldn't mind doing a seniority list on the part -times, and as we get permanent positions open, to move them up by seniority, I have no problem with that at all. Mayor Suarez: All right. Thank you Mr. Alia. You are welcome to come back at that time and Bill, as to your 1199s," apparently you are not in a capacity of representing them as head of the union in that case, aren't you? Unidentified Speaker: Standby laborers, Solid Waste Department. Mayor Suarez: That's interesting that the other ones are not in the situation of being represented by the president of the General Employees Union, I am not sure why. Unidentified Speaker: OK. Thank you. Mayor Suarez: I said Bill, I guess I meant Dave. 44. GRANT REQUEST BY MIAMI HEATWAVE BICYCLE CLUB FOR CLOSURE OF DESIGNATED STREETS CONCERNING 1990 FLORIDA STATE CRITERIUM BICYCLE CHAMPIONSHIPS. ------------------------------------ ----------------------------------------- Commissioner De Yurre: Mr. Mayor, while we're waiting for item 3 to come up, if I could hear No. 36, a request for a street closure for June 3rd. 1990. Commissioner Alonso: Which one, what item? Commissioner De Yurre: Thirty-six. Commissioner Plummer: Where is the street closure? Mr. Odio: It's the... Commissioner De Yurre: The street closure is from... it's North Miami Avenue, NW 1st Avenue to 6th Street and 3rd Street. Commissioner Plummer: Does this have anything to do with the Miami Heat? Commissioner De Yurre: No, it's a bike race. And I move that we approve that street closure for June 3rd. Mayor Suarez: So moved. Commissioner Alonso: So moved. Commissioner Plummer: Second. Mayor Suarez: Seconded by Commissioner Alonso. Call the roll on that item. 168 May 24, 1990 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-391 A RESOLUTION CONCERNING THE 1990 FLORIDA STATE CRITERIUM BICYCLE CHAMPIONSHIPS TO BE CONDUCTED BY MIAMI HEATWAVE BICYCLE CLUB ON JUNE 3, 1990 PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT. TO THE ISSUANCE OF FERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY BE INSURED AGAINST ANY POTENTIAL LIABILITY; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COST OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. Vice Mayor Dawkins: Mr. Mayor. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: The people with PZ-17 would like to defer, I mean continue 17 until. the next zoning meeting. Mayor Suarez: OK. Both interested parties in agreement. Have you been able to ascertain that? Vice Mayor Dawkins: Yes. I don't know about the people on the... Commissioner Plummer: PZ-17. Mayor Suarez: I want to make sure... yes, that they are both... the opponents so that they don't say they... Vice Mayor Dawkins: Opponents. Any opponents to Seventeen? Mayor Suarez: PZ-17, raise your hand if you hear an opposition to the granting of that application - PZ-17 which is scheduled for 5:00 p.m. Commissioner Plummer: That's a City application. Mayor Suarez: It's a City application... So the people that want deferral are probably who are opposed then... or the people in favor? Commissioner Alonso: In favor. Mayor Suarez: Of the general public that is involved. Guillermo, does this pose a problem— can we just announce a... Mr. Guillermo Olmedillo: Continuance. Mayor Suarez: ... continuance? Mr. Olmedillo: You may announce it, yes, sir. 169 May 24, 1990 Mayor Suarez: OK. Do we need to take it in a form of a motion, Mr. City Attorney? Mr. Fernandez: Yes. So that it doesn't. need to be re -advertised — Vice Mayor Dawkins: Move it. Mayor Suarez: OK. So moved. Vice Mayor Dawkins: Continued to the zoning meeting. Mayor Suarez: Why don't we include those other items which were 4, 5, 6, and 7 and formally continue those also until June 27th. Vice Mayor Dawkins: So moved. Mayor Suarez: So moved. Commissioner Alonso: Which items did you ... 7 Mayor Suarez: We are continuing... Commissioner Alonso: Seventeen and what else? Mayor Suarez: These other four that were pulled by the Administration. Commissioner Alonso: OK. Fine. Second. Mayor Suarez: Moved and seconded. Any discussion as to that, call the roll. UPON BEING MOVED BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER ALONSO, ITEMS PZ-4, PZ-5, PZ-6, PZ-7, AND PZ-17 WERE CONTINUED TO THE NEXT ZONING MEETING SCHEDULED FOR JUNE 28, 1990 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. 170 May 24, 1990 45. DISCUSSION CONCERNING CONTRACT FOR CHIEF OF POLICE - DIRECT CITY ATTORNEY TO DRAFT ORDINANCE TO REINSTATE SECTION 26 OF THE CITY CHARTER IN ORDER TO REINSTITUTE THE DEPARTMENT OF PUBLIC SAFETY - DESIGNATE CITY MANAGER AS DIRECTOR - DIRECT POLICE DEPARTMENT'S NAME BE CHANGED - STIPULATE POLICE CHIEF AND CHIEF OF THE FIRE DEPARTMENT CANNOT BE FIRED WITHOUT THREE POSITIVE VOTES FROM CITY COMMISSIONERS. Mayor Suarez: OK, we're back to item three. It is on the agenda as including potential contracts for more than one high level City employee, but I don't know that, that's seriously been considered as to others. We may be here just simply on the issue of the Chief of Police's request for a permanent, or a fixed term agreement. Mr. Manager, do we have.... where did he go? Is there anyone that wishes to make a statement one way or the other on the issue of a fixed agreement, or fixed term agreement for the Police Chief and for that matter, the Chief, the Manager and whoever else was included in the agenda? Would you raise your hand, please? Would you please approach the mike and go ahead and make your statement, Dr. Phillips:' Keep him to two minutes, Madam City Clerk, please. And if they begin to get repetitive, you may just state your name and say you support the prior statements. The same goes for anyone in opposition who wishes to speak. Mr. Roy Phillips: Mr. Mayor, my name is Roy Phillips and I'm here to speak in support of a contract for our Chief of Police. A City this size with the kind of problems that we have, that we've had in the past, it seemed to me that it would be within the best judgment of this Commission to provide a contract of three years, or whatever the numbers are, to one of the highest ranking officers that you have in terms of law enforcement. I would say if you did not do this, this would really be a slap in the face to citizens who live in this community who need stability in the Police Department. You're aware of the many problems that we've had, and we have a fine Police Department here in the City. I think we have a fine Police Chief who's done a great job, and I would say it should be incumbent upon this Commission to provide him a contract. Now, if you think he's not doing a good job, you ought to fire him. But I think, and many citizens of this County feel, City feel, that the man has done a good job, and I would think and I would ask you to please support the granting of a contract to provide stability, professional law enforcement, to a man who has done a good job. So I would strongly support that you do this in the interests of the citizens of Miami. Thank you. Mayor Suarez: Thank you.... Commissioner Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner Plummer. (APPLAUSE) Commissioner Plummer: At the last meeting I had requested of the Manager to provide me and this Commission with a paper... is it in the backup? Commissioner Alonso: Yes. Mr. Odio: It is. Commissioner Plummer: On the three. Mr. Odio: Item three. Commissioner Plummer: That would be the Police Chief, the Fire Chief, and the Manager. Mr. Odio: Yes, it's there. Commissioner Plummer: OK, thank. you. Mayor Suarez: Reverend. Go ahead, Reverend. 171 May 24, 1990 4 Rev. G. David Hortnn: I'm G. I?av1d Horton, pastor 0f. Greater Neva Bethel Baptist Church and president of the Baptist Ministers Council of Dade County and vicinity. We are here - I am here to speak on behalf of that group of forty plus pastors to say that we are in agreement with the speaker that preceded me to give to Chief Anderson some type of an agreement, a workable agreement. We understand the difficulty in trying to work without a contract. I most certainly would not be one who would have a job or position without a workable contract. So, on behalf of ministers and behalf of the churches across Dade County, I would urge upon the Commissioners and the Mayor and those of youwho have the power to do so, to give to our Chief who has done a splendid job - we can appreciate his integrity, we can appreciate his administrative skills, we can appreciate his morality, and so we are in full support of him having a contract. Mayor Suarez: Thank you. (APPLAUSE) Rev. Willie M. Starkes: Mr. Mayor... Mayor Suarez: Reverend Starkes. Rev. Starkes: To the Commission, during the civil disturbance of January 16th and 17th, 1989, you called upon the clergy to help quell those particular disturbances. You demonstrated your desire for our input by appointing some of us to various investigative and advisory panels. We took this as a meaning that you not only desired our service to quell the then present disturbances, but also our advice as to the prevention of further disturbances in our community. For that reason, we advise you to vote for the security, job security, for Chief Perry Anderson, Jr. Not that it is just politically wise, but is also the moral, the right, and the just thing to do. You came to us at election time and asked for our support. Right now, we're asking you to return that favor by demonstrating to our community that you sincerely have the concerns of the total community of Miami at heart. So, therefore, we urge you and we advise you that you give the Chief this type of job security that he need to fulfill his duties. We thank you. Mayor Suarez: Thank you, thank you, Reverend. (APPLAUSE) Mayor Suarez: Reverend Eubank. Rev. Eubanks, Sr.: Mr. Mayor, Commission, my name is Vane Eubanks, Sr. I'm pastor at Greater Bethlehem Baptist Church, Miami, and the president of PULSE, Peoples United to Lead the Struggle for Equality. I'm here on behalf of Chief Anderson and to appeal to the Commission, the Mayor, and all concerned persons of Miami for the concern of the safety of our City. Our Chief has been commended for the splendid job that he has done. We realize that he have awesome task. And need to be at peace of heart and mind at all times when he administers his office. If it means that offering Chief Anderson a contract that will set a precedent for this City, then if it takes us into a new dimension, then so let it be. I believe a contract - the less than $300,000 that I`ve noticed in some instance with a figure that has been given is far less than what has been spent in many other instances. The question comes up, where are we going to get the money from? We get money to pay for everything else and I believe the safety of this community without any other disturbance if it means giving him a contract, give him a contract! If he must be awake while others are sleep and protecting the life and the safety, the property of this community, give him a contract! Thank you. (APPLAUSE) Mayor Suarez: Thank you, Reverend. Jacques. Mr. Jacques D'Espinose: Mr. Mayor, members of the Commission, my name is Jacques D'Espinose. I am the president for the Haitian American Democratic Club. As we are approaching the end of the 20th century, we seen the relation been improving between. the East and the West. The _ + to Miami to meet with the Cuban community, there's peace. I think it's about time here in the City of Miami, we show some leadership by stop dividing the community, the Black versus White, the Cuban versus the Haitian, the Haitian versus the 172 May 24, 1990 0 Hispanic, I think it's about. time. I think Chief Anderson has been doing a good job. Where is the contract? Not too long ago, with the vote of the City of Miami, give a contract to the Mayor and the Commission for four year term. I think we can do the same with him. (APPLAUSE) Mayor Suarez: Mrs. Gibson. Mrs. Thelma Gibson: Honorable Mr. Mayor and members of the Commission. I'm Thelma Anderson Gibson, and I live at 3661 Franklin Avenue in Coconut Grove. I always say that I come to this Commission not intending to speak, but when I read the paper and see what's going on, and I don't believe everything I read in the paper, but I've had some concerns because we, in the Gibson Memorial Fund, is about uniting this community. And I think that when I look at what's happening in this community, my heart is very heavy because I see a split community, and we need not be a split community. We have a multi -ethnic community, and we should be about getting along together in uniting this community. I know when the chief was born, and I've watched him grow up, and I saw him get his education, and I saw him put his heart into the Police Department. And he did not ask for this position. He was asked to come in and serve this community. I think that for his security, and all of us watch how people get hired and fired in this City, and I think that we all know that there are people out here who are saying that this should not be the Manager's job. That the Commission is the one who hires and fires and I happen to know the Manager has to hire and fire. And I know that the Manager sets the salary for his immediate staff as far as it goes. And I think that what we need to do here is to have this Commission say to the Manager that the Chief of Police - and it may be a setting a precedent, I'm not sure that, that's so, because I've heard the argument on both sides of what the ordinance says is that nobody has ever had a contract and the Police Chief. The time may have come that we need to change and give a contract to the Chief because he deserves that. ...(APPLAUSE)... I just believe that for once in this City, we ought to do what's right about the Chief of Police and not have him know that one day he may walk up here and, at the whim of somebody, he may say that he can no longer be the Chief of Police. And I'd like to see us give him that three year contract that he's asking for so that we could keep a united community. Thank you very much. Mayor Suarez: Thank you, Mrs. Gibson. ...(APPLAUSE)... Mrs. McMillan. Mrs. Johnnie McMillan: My name is .Johnnie McMillan, president of the National Association for the Advancement of Colored People. I live at 18600 N.W. 48th Court. I'm here to speak on behalf of the NAACP. I do hope that each of you has received a letter that we did send to you in support of the Chief and the receiving of his contract. We understand all of the arguments, but there comes a point when you, as leaders, have to take the reins .and decide what is best for this community. We're hoping that you will do that. We understand the process of your having to tell the City Manager what to do in terms of what has to be done for employees when, in fact, it's not being done. What we're concerned about today is the fact that Chief Anderson is looked at in terms of his record. If there is a problem, then everybody needs to know about it. We have not seen one that we are aware of. Therefore, we would like to say that see no reason why you should not support him. The other thing we have to be very concerned about is right now in Tallahassee there is a budget that is threatening to cause many persons to lose their job because we're going to be cut here in Miami, and we know who is going to suffer the most. The amount of problems that we face in this community coming up for the next two months will not be needed to be added to by continuing this divisiveness that is going on now. We cannot continue in this community with this ethnic divisiveness. We expect our leaders to stand up and to stop it and stop it today. You know what you have to do. We want to urge you to do that. We're asking that you look at the situation, that you understand the black community is very concerned. We've come down several times with concerns that we've had. We're asking this time that you look closely at it and understand that Chief Anderson has - there is no reason why he should not receive his contract and we're asking that you see that City Manager does that for him. That is done for the community to bring some rest so that the police officers can go back. to their jobs. It would be so nice all the time we're spending now, we could be spending out in the schools or out in the community doing their jobs. Thank you. 173 May 24, 1990 a a (APPLAUSE) Mayor Suarez: The former Miami City Commissioner, Athalie Range. Ms. Athalie Range: Thank you, Honorable Mayor and Honorable Commissioners. My name is Athalie Range. I reside at 5727 N.W. 17th Avenue here in the City of Miami, Florida. Miami, as we know it, is the leading, the greatest municipality in Dade County, and I think we should lead in all facets. I think, however, in this particular facet, we are not leading, but we can at least be followers. By that I mean, it is my understanding that over the past few months or years, that contracts are now being let in several of the municipalities to Police Chiefs and others in high positions. And I think this is being done for a very good reason in order that these persons may be able to carry out their duties without fear of repercussions from special interest groups, or from those who are so great in number that if whatever is done is not done to the pleasure of these particular persons, that they might stand in danger of losing their jobs. I think we cannot afford this. I think Chief Anderson has proved himself to be a very fine person, a very fine Chief thus far. He has risen to every cause and now that we have come to this point as to whether he is to receive a contract so that he might work in peace and harmony with and for this entire community, that it now becomes the awesome task of this Commission to search its conscience and its soul and to find within it reason enough to give a man all of the right and all of the power he needs to operate a City the size and of the magnitude of Miami, Florida. Thank you very much. (APPLAUSE) Mayor Suarez: Thank you. Mr. Biambi. Mr. Roger Biambi: Mr. Mayor, members of the Commission, my name is Roger Biambi. I'm here to speak on behalf of securing a contract for the Chief of Police. I've known the Chief of Police for the past ten years and from the Haitian perspective, I can tell you that he was the first person when he was head of the community relations as a major to hire a Haitian to increase communication between the Haitian community and the Miami Police Department. He was very instrumental as well, understanding that in Dade County there are 157 ethnicities, that a need exist to sensitize the various groups working as police officers to understand each other's ethnicity so that wrongful arrests can be reduced to a minimum simply by educating police officers about each other's ethnic, cultural identities and norms and values and ways of behaving. If you provide him with a contract, you will, in essence, depoliticize the Chief of Police job, so then he can concentrate in materializing his vision for the Police Department. Then he can go ahead and take care of the citizens of Miami who are in need of police protection so that he can concentrate on doing law enforcement job for the citizens of the City of Miami. So I urge you to provide the contract that he requires. Idayor Suarez: Thank you, Mr. Biambi. (APPLAUSE) Mr. Calvin Howard: Mr. Mayor, members of the Commission, my name is Calvin Howard. I was born in Miami, raised in Miami, and educated in Miami. I am presently employed by the Dallas Police Department with seventeen and a half years of service. I am presently the regional chairman for the southern region of the National Black Police Association. And I am the immediate past president of the National Black Police Association. I have a prepared statement for you on behalf of the National Black Police Association, Southern Region. And it reads: "On behalf of the membership of the Southern Region of the National Black Police Association, I stand before you in support of Chief Perry Anderson and the members of the Miami Community Police Benevolent Association, a very active individual and organization within the Southern Region of the National Black Police Association. As an organization of professional law enforcement officers, we too are just as concerned about the leadership of our police departments across this country. Many officers have a tendency to police people and communities as a result of their top administrator who is normally the Police Chief. If the Chief of Police is insensitive, then the officers are insensitive. And Perry Anderson is a sensitive Police Chief 174 May 24, 1990 0 and has tried to instill sensitivity and integrity in the offices of the Miami Police Department against all. opposition. In a time and era when police community relations has deteriorated, every citizen, every city needs a Police Chief the caliber of Perry Anderson to instill trust and integrity into agencies they have been empowered to lead. it is easy to criticize the Chief of Police when crime statistics show rise in your City. But how can you control crime in the community and the criminal element on the outside when you are plagued with allegations of criminal activity within your law enforcement agency? How can you control the criminal element when the criminals are wearing badges, guns, and uniforms of our law enforcement agencies?" (APPLAUSE) "At a time when the Chief of Police is trying to clean up this department, you have individuals crying, "get rid of the Chief." Is this call to get rid of the Chief, or not to renew his contract, coming from officers who want the Miami Police Department to continuously to be recognized nationally in training films as a model Police Department? Or is this call coming from those individuals with the 'good ole boy' mentality that wants a Police Department where they can control the Police Chief? The City of Miami and the State of Florida leads the nation in filing charges against those officers that have betrayed the public trust, and this is because of people like Chief Perry Anderson and those who have led the Police Department in the past. When you have Police Departments that refuse to let the officers use police brutality, police corruption, police misconduct, it's because of individuals like Perry Anderson. It is because of these individuals who have been fired, indicted, and convicted, officers of the Miami Police Department, is the reason why a group of officers are seeking the retirement of Chief Anderson. Should this be the case, then I question these officers' motives. What's in it for them? The City of Miami and the County of Dade have received enough negative national publicity over the years and many good officers of the Miami Police Department had to carry the negative label placed upon them by officers who used their positions and the colors of law enforcement to violate the laws and trust of the community. I ask you, how can we ask the citizens of Miami, or any other city in this county, to be law abiding when the same individuals who are enforcing the laws are the ones breaking the laws, by dealing drugs, conspiring to deal drugs, committing murders, or civil rights violations and other crimes against society? And you call them peace officers or law enforcement officers. When we start turning our police departments over to leaders of unions or organizations then you must be ready to take the blame for the lack of professionalism shown by your officers. When they mess up, will you be willing to take the blame? The Miami Police Department has had several good Police Chiefs prior to Perry Anderson. And Chief Anderson has attempted to keep the positive image of his department throughout all of the negative publicity. Removing Chief Perry Anderson from the position of Police Chief for the City of Miami will be a disservice to the good officers of the departt!,ont and a disservice to the citizens of Miami. Miami Police Department must go forward into the 20th century and let the incidents that have tarnished their image remain in the past as a lesson to be learned by all Police Departments across this country." Thank you. (APPLAUSE) Mayor Suarez: Please. The lett.er... if you'd like, the text of that. letter will be entered into the record as a separate item. Lottie. Ms. Lottie Hines: To the Mayor and fellow Commissioners, I stand here this evening, I concur with everything everyone has said. But as knowing Chief Anderson from the Community Relation Board as he worked with us, and he was a well mannered person at. all times. A very good person. I stand here and I say to you today, a contract, and most of your proposals come through are contracts, so why not a contract for the Chief? There were a lot of old people this evening who really wanted to come down to this Commission, but it. was really raining outside, if you know it is raining. But they wanted to 175 May 24, 1990 come her.P to support him. Therefore, you have this whole City and really the County behind this gentleman. I would like for you to look at what you're doing because a lot of times we sit back and we, the people, that's looking for the service out there, maybe we don't understand, but the ball court is in the Manager's hand and Mr. Manager, 1 would like to say to you, he's a very well bred gentleman ready for the job. He wants the contract. We want him to have the contract. Please give him the contract. (APPLAUSE) Mayor Suarez: Please, please. Ms. Hines: I stand here wanting the contract for him. Please give it to him. Mayor Suarez: Thank you for your statement. Lori. Ms. Lori Weldon: Hello... Mayor Suarez: We're going to particularly hold you to two minutes because we've heard from you before on this issue, so please make it brief, Lori. Ms. Weldon: OK, OK, fine, already prepared. Lori Weldon, 160 N.W. 44th Street. There is not one corporation in the United States with an income or a budget of over $78,000 where their chief executive officer is not without a contract or making at least $100,000. There's certainly not one with a budget of $80 million dollars with a CEO officer without a contract and without making a substantial amount. But we are mainly concerned with the fact that we have an individual. who is CEO of an $80 million dollar entity. He should have... Mayor Suarez: The comparison, by the way, if I may interrupt you, is not all that relevant. There's no company with a $250,000,000 budget... Ms. Weldon: Well, we'll let him explain the difference. Mayor Suarez: ...Lori, where the chairman of the board or the board members, in this case, the Commission and the Mayor, make $5,000 a year either, so, you know... Ms. Weldon: OK, fine, but Chief Perry Anderson went through the roil call of the differences where he is different from the rest of those as far as carrying a gun, going into volatile situations, etcetera, so I won't dwell on that, that has been stated. I will just go on to say that lip service is fine when you go to a banquet, or when you have your ribbon cuttings, or any other social events you may attend. A vote of confidence is fine where your children and your grandchildren to help them in school, but here we need something on record and in black and white documentation. We need you to give Chief Perry Anderson his assurance and ensure this community by giving him that in helping us to heal the rifts in our community. I also hope that you will show us your sincerity at this time and not just once every four years when you come to solicit our votes, and that you are sincere in helping this community, and that you really appreciate us by giving us his contract. We want to see that we're not merely a convenience for you when you need us, and that you just give us legalities when we need you. Thank you. (APPLAUSE) Mayor Suarez: Thank you for your statement, Miss Weldon. Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227 N.W. 26th St. I have known Chief. Perry Anderson for many years and I think he's a very professional individual but that will be your decision. it's a political decision and let me add to that, that it would set a precedent, but I think that would be for the whoever follow him would have to go through the same thing. Adding to that, I'd like to see, according to item three here, it won't be on only, you will be discussing not the Chief of Police but as well as the City Manager and the Fire Chief. So, whatever if I - you're going over the County Manager because he was hired by the City Manager, it will be your decision to do. I don't think there's anybody more professional in the job that he has been doing than Chief Perry Anderson. (APPLAUSE) 176 May 24, 1990 Mayor. Suarez: Thank you for your statement. Wait a minute, Reverend. In the chambers, please in the back, we need quiet to complete the proceedings. Reverend Dunn. Rev. Richard Dunn: To the Mayor, Commissioners, I'm here because of the accusations that were brought up against the Chief. First I said that I would not interfere and intervene with thi-o situation any longer, but when I read the other day about the accusations, it is bad to be accused, falsely accused, of something when one is innocent. And particularly to be accused of in this day and time, of being a drug abuser. And that is really a terrible way to assassinate one's character. To accuse someone of being a drug user and abuser. Furthermore, to go to the extent of flying messages all across the City, we don't need any more division in our City. I am for the good of this City. I would like to see our community walk hand in hand as the late Dr. King said, black, whites, Jews, gentiles, Catholics, Latins. This is the way it ought to be. However, I'm convinced now that the contract would really lay to rest much of the controversy that's being caused in the Police Department. I think the final decision lies with you, the Commission. I know it's not politically expedient to gi•!e a contract to anyone, but I think, at this time, our City is on the verge, is on the verge of another 1980. Now, we can vacillate. We can straddle the fence. We can play politics and we might have another situation on our hands. I hope not, I pray not. I would like to see our City healed. I would like to see our. City come together, but this Commission has the task, the challenge, of doing the right thing, and I support the contract for Chief Perry Anderson and I hope that you will make that decision today. Thank you very much. (APPLAUSE) Mayor Suarez: All right, Reverend. As to anyone else that wanted to be shown in favor of the contract -a lot of you have tee shirts, it's pretty evident - but if you would please raise your right - either one of your hands, for that matter. Thank you. You support the contract. I think the record reflects it's a large number of people in the chambers. Thank you. I intend to close the public hearing at this point. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Is there anyone that wishes to be heard against the idea of a contract for the Chief at this point? We have - I want the record to have all of the letters of support that I have received, and make sure you get them all, Madam City Clerk. We received another one today which appears to be against and I want this in the record also. Please, proceed. If you're going to move away from the mike, you've got to take the hand held one. Mr. Hugo Rodriguez: No problem. Good afternoon, Mayor, Commissioners. My name is Hugo Rodriguez. I represent the Hispanic Officers Association of the City of Miami Police Department. I've been asked by the organization not to parade many people before the board and I have a very short, concise, precise statement that I would like to discuss with the Commissioners. I agree with Rev. Dunn, and it's unfortunate that any differences the Hispanic officers, subordinates of Chief Anderson, have with Chief Anderson, have escalated, or been portrayed by the media, or by anyone else as a Black -Hispanic, Black - White, Hispanic -White issue. Since I have been involved with the Hispanic Officers Association, we have always and we will continue to properly follow all administrative protocol in addressing any differences they have with the administration. As long as I have been their counsel, we have followed that in raising issues with Chief Anderson and his administration, bringing them before your board, or seeking whatever legal remedies are available to them under the law. That's one issue, and that should not even come into consideration here. It doesn't matter, the H.Q.A., whether the individual who is seeking contract with the City's name is Anderson or Rodriguez. The issue is greater than that. You obviously are very satisfied with Chief Anderson's performance. We don't question that. Chief Anderson leads by example. No other police officer in this City has a contract for employment. You lead by example. A contract does not insure performance. You're satisfied with his performance, you compensate him for his performance. If he needs to make more money, you give him more money. But what you do in this public sector, and I have represented municipalities and state agencies in the past, is what you do by giving a public employee a long term contract, is you divorce yourself of the exact privilege for which you were voted into office for - to make a 177 May 24, 1990 ministerial decision as to what is in the best interests of the City. This has got nothing to do with Chief. Anderson - excuse me. This has got nothing to do with Chief. Anderson. It has to do with the example that you set for every other police officer, White, Black, Hispanic or anything else. You lead by example. What you're doing is, you're creating by contract a liquidated damages clause. If you take an action, he is entitled to money. Chief Anderson and any other employee of the City of Miami is entailed with the same rights and privileges that you grant them under the City Charter, under the various ordinances, and under the law. We're saying, there is division in the Department, let's bring it together. Everyone should stand equally. If the man deserves more money, you pay him more money. But there's no reason for long term contracts, not to Chief Anderson, but to any employee of the City of Miami Police Department. You compensate performance, you don't compensate for past performance. Thank you very much. Mayor Suarez: ....for your statement. Jerome Wolfson, Esq.: Mr. Mayor. Mayor Suarez: My intention is to close off debate. Counselor, since you represent the Chief, we'll take your statement and hear from the Manager and the Commission and dispose of the issue. Mr. Wolfson: Mr. Mayor, Commission. As attorney for Chief Anderson, I would say that the choice belongs to the people. I would, therefore, pass. I don't think the lawyers belong in this at this point, and I would ask for the will of the people. (APPLAUSE) Mayor Suarez: Mr. Manager. Mr. Odio: Yes, sir. Mayor Suarez: I know you've been negotiating on possible agreements. Mr. Odio: No, they... Mayor Suarez: Did anything come forth from those? -or are you prepared to do anything or recommend anything that would have consequences that this Commission would have to in any way, approve? Mr. Odio: I have to say first that I'm glad that I made the right decision in appointing Chief Anderson. I see he's got that many friends. It was me that appointed him. I decided that he was the man for the job when I hired him, and I still think the same way today. I have not wavered from that position. I think I made the right decision when I appointed him. I also have to think of the greater picture which is the whole City of Miami. Of my whole staff, of the Fire Chief and everybody else that surrounds me on a daily basis. Do they have more responsibility than Chief Anderson? Some do, some not - not have greater than he does, I'm sure of. that. I know what he goes through everyday. I do also know that I have always supported him in every decision he's made. I support him today, allegations or no allegations. I don't believe in them. They will be fully investigated as they should be in the proper frame. I have told Chief Anderson not now, but six months ago when the issue of a contract came up, that I felt that I could not do that. I haven't changed my mind yet. I felt that I could guarantee him his job as long as I had my tenure, and or as long as he performed as he has to the present time. As late as yesterday, I told him I'm willing, if you want to call it a contract, if you want to call it a severance pay package, that if you get fired without cause, you get paid for it because nobody should get fired without cause. That I could extend a piece of paper, a contract or whatever kind you want to call it within my authority without Commission approval in some instances. And I have to follow the lead of the City Attorney what he says that I can and cannot do, that I would bind him until September 30 of 1991,.which is the budget year of next ,year, and I'm still willing to recommend that. As far as a three year contract, I don't feel that morally or professionally that I can recommend that because I cannot bind future City Managers to a Chief' of Police that works for a City Manager. I had the honor and the privilege to make the decision of picking him to work for me, and I have enjoyed these past two years in spite of all the ups and downs that we do have, I enjoy working with him. But that's as far as I can go, Mr. Mayor. 1 i 8 May 24, 1990 Mayor Suarez: Commissioners, anything from the Commission? Commissioner Plummer: Mr. Mayor, I said at the last meeting and I'll say at this meeting, I think it is unfair to speak just of Chief Anderson. I think we have to speak, if we're speaking in the terms of a contract, to public safety. I don't feel that it is even fair to speak to a Police Chief, whether he be Anderson today or someone else tomorrow, without speaking to the Fire Chief and the Manager. I don't know how that you could have an employee who works for the Manager, who would have a contract and his boss does not. To me, that makes no sense at all. I think that I grew up under an old theory that says, that the best job security is a job well done. Perry Anderson has done a fine job for this community. I don't know of anybody who has said to this Commission, or otherwise, that they want Perry Anderson out. And I have said and this Commission has said that we back the Police Chief as long as he continues to do a good job. I don't think there's anybody sitting on this Commission, if there was cause, who would let dollars stop the firing of someone who has done something that is not right. Dollars are not the issue. The Chief himself said that this is not an economic situation. I think that if we're going to speak in the terms of a contract, which would be a great deviation from the way this City has been run in the past, that I would not support any contract for one without supporting the combination of total safety. That would be the Police Chief, the Fire Chief, and the City Manager. Mayor Suarez: Anything further? Mr. Wolfson, one question of you, sir. Discussions that you and I had, I suggested that in some situations the Manager may be disposed or inclined, and I believe it's been discussed, to award a yearly renewable contract, and is it correct that your client is not interested in that? Mr. Wolfson: Sir, the City Attorney and I do not share the same legal opinion as to the tenure of the Chief. Mayor Suarez: Ah! Mr. Wolfson: I say that Section 26 lives, I say the Chief is Chief for life. I - my name is the lawyer, he asked me to talk. Mr. Odio: Let me ask you a question, please. And this is important. I need to do this. If section twenty... Mayor Suarez: OK, I had a follow up question, Mr. Manager, but go ahead. Mr. Odio: OK. Mr. Wolfson: My client, if we're... Mr. Mayor... Mayor Suarez: No, I'm sorry, the Manager wanted to make a clarification. Go ahead. Mr. Odio: I just wanted to ask you a question. If Section 26 lives and for those of you, you don't know what that means, means that the Chief of Police has more protection than anybody else in the City of Miami. He cannot get fired. Then we don't need a contract and that's the issue that I had in front of me. Mr. Wolfson: May I address stand, sir? Mr. Odio: If section 26 stands, then we are talking for no reason at all. Mayor Suarez- Right. Mr. Wolfson: However, yesterday, I heard the phrase from the City Attorney that the Chief, his attorney - your attorney, his attorney - the Chief could be fired with the swipe of a pen. I heard that and it cut me to the heart. I cannot subject my client in any way to be fired by the swipe of a pen, and if I am misquoting, please correct me now. Mayor Suarez: One other question. I asked you about a contract which would include a yearly performance evaluation with certain objective criteria such as, for example, the one that the City of Miami Beach has, your answer was - and I want to ask you if it still is - that, that take. way rights from him as you presently see the Charter. 179 May 24, 1990 1 Mr. Wolfson: However, I have to go by what the interpretation of the City Attorney is as concerns this men's rights at this time. My client is evaluated everyday. Everyday he wakes up and he puts on his shoes and he goes to work, he's evaluated. He's in the public scrutiny. The newspapers have evaluated him, he's been libeled, he's been slandered. Everybody evaluates him. ...(APPLAUSE)... A day does not go by that he's not on center stage. Everybody looks at him and everybody has got something to say to him. There's little rumors about him flying around from day to day. He needs job security. He wants to get away from that. He is willing to accept - there's a rough draft. I put man hours into working out a rough draft. Mayor Suarez: But your statement is, that under the present Charter, I believe, as you told me, he can only be fired for cause as defined in Section 26 that you believe is still in the Charter which means... Mr. Odio: He cannot be fired. Mr. Wolfson: OK, I'll... no, no, no. Mayor Suarez: I believe the wording of ;t is... Commissioner Plummer: Let me ask a question, counsel... Mr. Wolfson: He needs it... they have said that, that's wrong. Commissioner Plummer: ...where in your wildest imagination that if the Chief had a contract that these rumors are going to stop? Mr. Wolfson: No, they're not going to stop, but... Commissioner Plummer: That's right. So, I mean, what are we trying to accomplish? Mr. Wolfson: He wants job security. You heard the Chief last time. You heard everything he said last time he was here. Commissioner Plummer: I heard very well. Mr. Wolfson: He wants job security. Commissioner Plummer: But it's not, according to him, economic. Mr. Wolfson: Right. Commissioner Plummer: Then what is it? Mr. Wolfson: He's not asking for any more money. Commissioner Plummer: If it's not economic. If the other side of the coin is not economic, what is it? I'm not speaking to the job security. But if, in fact, he was terminated without cause, then there's dollars, that's economic. What is it that is being said by him and let him answer it, please, that it's not economic? If it's not economic, I mean, are we talking about what? -you know, dollars are dollars. Mr. Wolfson: He talked for over an hour about this last time, sir. Commissioner Plummer: I understand but I didn't understand. I understand what he said, but I didn't understand it in reality. Mr. Wolfson: Before he speaks, Mr. Mayor, my client will accept a three year contract and there are terms and conditions that I have recommended to him and that legally can be worked out that the City Manager can sign, and I would appreciate my legal opinion being as respected as it is outside of this room. Vice Mayor Dawkins: Mr. Mayor_ Mayor Suarez: Well, that's up to the Manager to work out. But at the last as we left it, even if the Manager agreed to some of those things, it was impossible under your understanding of the Charter, and that's why I wanted to put that on the record. He did not want performance evaluations according to 180 May 24, 1990 what you stated to me because he felt he had more rights under the present Charter., as you understand it. Vice Mayor Dawkins. Vice Mayor Dawkins: Mr. Mayor, Mr. City Attorney... Mr. Fernandez: Yes, sir. Vice Mayor Dawkins: Is Section 26 in force or not? Mr. Fernandez: No. Vice Mayor Dawkins: OK. And since it's not enforced, it was removed by ordinance. Is that right? -an ordinance? Mr. Fernandez: Correct. Vice Mayor Dawkins: Ordinance number 7245, right? Mr. Fernandez: Correct. Vice Mayor Dawkins: And anything removed by an ordinance can be replaced by an ordinance. Is that correct? Mr. Fernandez: Correct. Vice Mayor Dawkins: So, therefore, if we are sincere about job security, and we're not concerned about the individual per se, but the title, and that is that the Police Chief position, the Fire Chief position, and any other position. Let's get away from names, OK? So if it was removed - Section 26 was removed by ordinance and that's the section which said: "...that if either of such of the Chiefs 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 from such a notice, shall proceed to hear such charges and render judgment thereon which judgment shall be final." Now, the Chief of Police may be suspended by the City Manager, but it has to take three votes of this Commission, according to Section 26, to fire him. So now, comes the time to see whether we're going to fish or cut bait. I moves that ordinance number 7245 be rescinded and that Section 26 of the Charter be reinstated by ordinance and that the Chief of Police and the Fire Chief cannot be fired without three votes of this Commission and in so doing, we go back to the Department of Public Safety and in order to keep down union flak, I recommend that the ordinance state that the City Manager will be the Commissioner of Public Safety and that the City Manager, as Commissioner of Public Safety, have a Fire Chief and a Police Chief who work under him who cannot be fired without three votes of this Commission, and that's my motion. (APPLAUSE) Mayor Suarez: So moved. Commissioner Plummer: All right, let me second that for discussion. If what I understand, and I don't have 26 in front of me, if what I understand you're saying, Commissioner, is that that would give the Police Chief and the Fire Chief the same avenue to travel as presently the City Manager has, I'm surely in favor of that. Vice Mayor Dawkins: Yes. Mayor Suarez: Wait, there's a difference. Commissioner Plummer: What's the difference? Mayor Suarez: The City Manager, under the Charter, is subject to a procedure for suspension which is similar to the one he just read. But the standard is not specified, so it is totally an absolute... Commissioner Plummer: Malfeasance or misfeasance. Mayor Suarez: No, no, it is at the will of the Commission. Mr. Fernandez: No, no, it is totally at the will of the City Commission. 181 May 24, 1990 Mayor Suarez: The Charter - the provision - can I read It, Vice Mayor? Mr. Odio: You can vote right now and I'm fired. Mayor Suarez: Section 26. Commissioner Plummer: Well, OK, but does 112.6" provide for that? Mayor Suarez: No, Section 26... Commissioner Plummer: No, neither would they under the old "26." Vice Mayor Dawkins: The new ordinance could, J.L. Commissioner Plummer: Huh? Vice Mayor Dawkins: We could incorporate that in the new ordinance. Mayor Suarez: Section 26 as it now reads, although our City Attorney tells us it's not effective because it's been deleted by subsequent ordinance, sets the criteria as being essentially what we call "for cause." In other words, you cannot, at the discretion of the Manager, in the case of the Chief and the Fire Chief and Police Chief, and at the discretion of the Commission, remove those officers if this kind of a provision goes into effect. The standard that is specified here reads: "For incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority or for any other just and reasonable cause. That is the classic definition of "for cause." It does not give discretion to, if adopted, to the officer charged with that decision simply to change the official in question. And so it is a radical departure from what we now can do in the case of the Manager which, I guess, is by Charter provision. I don't that can be changed by ordinance. Mr. Odio: The Manager is one, two, three and you're out. You don't have to have... Mayor Suarez: No, well, there's a procedure. You get a chance to answer within 30 days and... Commissioner Plummer: But how would that... Vice Mayor Dawkins: And you still have to have three votes to get rid of the Manager. Commissioner Plummer: Exactly. Mayor Suarez: You have to have three votes. Vice Mayor Dawkins: All right, so it's still the same difference. Mayor Suarez: So it's your intention - is the intention of the motion that in addition to setting up a procedure that requires, as you stated, "...if either of such Chiefs be so suspended, the City Manager shall forthwith certify the fact, together with the cause of suspension to the Commission and within five days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon, which judgment small be final." Is your intention also to have the same standards which means that only for cause can - as defined in... Vice Mayor Dawkins: Yes. Mayor Suarez: OK. Chief Perry Anderson: Would it be possible to address the Commission before you go and vote? -a question. Commissioner Plummer: Sure. Vice Mayor Dawkins: Call the roll. Mayor Suarez: I'm getting a call for a vote which is like a motion to close debate. 182 May 24, 1990 U E Mr. Wolfson: 1 didn't understand what you were saying, Mr. Mayor, either.. Vice Mayor Dawkins: You don't have to understand. Mayor Suarez: It's OK, we don't all understand what we're saying either half of the time. Vice Mayor Dawkins: You don't have to understand. Mayor Suarez: The motion •- and only the Vice Mayor can be absolutely sure, and maybe we ought to get it into the record. We have to get it into the record before we proceed to even deliberate on it, let alone vote on it. I think is to go back to Section 26 wording, by ordinance - can we do that by ordinance, Mr. City Attorney? Mr. Fernandez: Yes, you certainly can. Mayor Suarez: That the Chief, Police Chief and the Fire Chief, would have to be removed under the wording of section 26, that is to say you have to prove, I guess, those kinds of things that are stated there, dereliction of duty, in effect, for cause. And then the Commission has to vote on it. That's what he's proposing for the Fire Chief and the Police Chief. I just clarified that, under our present charter, which we cannot change by ordinance, that does not apply to the Manager. The Manager can be fired, dismissed rather, I hate that term fired, without cause, as long as we follow the procedure of giving 30 days notice and a chance for him to... Commissioner Plummer: That's correct. Mayor Suarez: ...state a defense or state an argument on his own behalf. That's the clarification and we do have a motion. We also have a request to close off debate, but I am sure that it would make enormous sense to hear from the Chief and, of course, the Commission before we proceed to a vote. So, my ruling is not to close debate. Yes, Chief.. Chief Anderson: With all due respect to the Mayor, Vice Mayor, and the Commission and my boss, the Manager. I came here for a three year contract and we have turned a three year, contract into Section 26. I'm still here for a three year contract, and I walked in for that and I think that if you want to encompass the same thing for the Manager who is my boss, and the Fire Chief who is on the same level as the Police Chief, that is the issue. But to start looking at Section 26 and throw this off - all of these people have come here today to indicate that they want this change, now... ...(APPLAUSE)... We all represent the public. We're all supposed to serve in the public interest. If we're going to be proper, the issue still remains a three year contract, and that's it and not a three vote by the Commission. And we're going to ask you, I'm going to ask you that we do not need to have this go on and on forever. They have come here - and this is a mixed group of people who are here - these are the people who you all represent and these people are your constituency. Please abide by that. What are you risking? What are you risking by giving me, the Manager and the Fire Chief a three year contract? What are you risking? This is the public here. I don't understand it myself.. More and more and more, week after week after week we're coming here and I don't see any crowd saying that they don't want Anderson to stay here. They want Anderson to stay here. If you're afraid... ...(APPLAUSE)... I mean, for the people who find my name distasteful, I mean, Anderson, that's my name. Anderson is the Police Chief. Anderson is the guy who's asking for the three year contract. Now, to me, it's beyond me. I can't understand why we're going to allow this to go another Commission meeting and what are these people here for? Please do the right thing. Please go on and do the right thing. And stop playing this game. (APPLAUSE) Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: Yes, Mr. Mayor. I think that there are a number of things we have to look at here. And one of them, which I have to differ with the Chief, the reason that these people are here is because they want security for their Police Chief. They want to make sure that when they wake up tomorrow that Chief Perry Anderson is still there... 183 May 24, 1990 UNIDENTTFIED SPEAKER: Amen. (APPLAUSE) Commissioner De Yurre: And when they wake up the day after tomorrow, he's still there. When they have to go down to the Police Station, he's there. Is that what you want or not.? UNIDENTIFIED SPEAKER: All right! All right! (APPLAUSE) Commissioner De YurrP: OK. The way that this has been sidetracked, which this is the issue, security, the issue is not a contract. The issue is security to make sure that you are there. Yes. The contract is trying to secure that security, and that's the way it is. That's the way it is. So, as long as we can provide that security for Chief Anderson to where when you wake up tomorrow and the day after, he is still there, then we're doing what needs to be done. Chief Anderson: That's not the issue. Commissioner De Yurre: Because - no, it is the issue. It's been the issue as far as I'm been concerned all along. I think it's been the issue of this Commission. Security for the Police Chief. That is the issue. Now, if we're looking at a situation wherein we, the Commission, have to abide by the will of the people, and the will of the people is to keep Perry Anderson in his position as Chief, then there's no way in hell where you're going to find three votes here to oust him when the will of the people is to keep him there. And that is called security as far as I can see it. UNIDENTIFIED SPEAKERS: No, no, no.... Commissioner De Yurre: It is. Hey... it is. Mayor Suarez: Please. Commissioner De Yurre: That's the way I see it. And I feel comfortable with providing that security through the means of this motion as has been presented here today. That's all I got to say. Mayor Suarez: Chief, or your counsel, either one, as things now stand, the - gosh, it's a little confusing - but let's assume our interpretation of the Charter, you are subject to dismissal and, of course you have security in the sense of job security, but not at the level of Chief. You would be removed, if it was not for cause, to the highest civil service job that you ever held. I don't know what the salary would be in that case. I don't know if anybody has ever calculated it assuming, of course, you wanted to stay. You come to us asking for a three-year agreement. Does that three year agreement, does that security that you seek include a performance evaluation based on specific criteria? -such as, for example, the Chief of Miami Beach that was just appointed, his contract includes that... was provided, I believe, by your counsel or by the City Manager, or are you seeking something beyond that? Chief Anderson: I think that, the same information that's included in Section 26, we have worked out an agreement that's a very understandable agreement that Includes, if I should do something wrong, then you should not have any proLlem firing me. The Manager should not. But yesterday, I was sitting in a meeting and I may misquote you a little bit, with all due respect, Mr. Commissioner, Mr. City Attorney, but I understood yesterday that if a sneeze, if the Manager decided that he wanted to sneeze, and his pen should drift off the wrong way, I could be fired. Is that true? Did I understand that? Mr. Fernandez: That is a mischaracterization of what I've said but the substance of it is that, yes, the Chief of Police serves at the will of the City Manager. Chief Anderson: And I can be fired, just like that. If he wakes up with a bad Cream, anything. (APPLAUSE) 184 May 24, 1990 E 11 Mayor Suarez: 4?ait. Chief Anderson: What is it... really, it... Mayor Suarez: Wait, wait, I'm asking the questions now, Chief.. Chief Anderson: OK, I'm sorry, Mr. Mayor. Mayor Suarez: If you were offered by the Manager an agreement for a fixed period of time with a yearly evaluation subject to objective performance criteria that would enable him to evaluate you as the Chief of Miami Beach is evaluated, I think the people in the school system also get one year contracts renewable, subject to an evaluation of their performance, which can be specified. Your counselor says that's not acceptable to you. Is that acceptable to you? Chief Anderson: No, it is not because the only thing that I'm asking is that a statement, day to day, performance, that's the way I'm judged. Right? -day to day? If I should do something wrong at any time during the duration of a contract that you will still have the obligation of saying, bringing me up on whatever necessary charges, whatever, I'm saying my point is, why are we putting all these kinks in the armor? Why are we doing this? I mean, you all, with all due respect... Mayor Suarez: That's my question. Chief Anderson: OK, can I answer it? Mayor Suarez: My question to you is, why do you not want to be subject to... Chief Anderson: I am every day. Mayor Suarez: But you want to change that. You're asking for... Chief Anderson: No, no, I'm... no, what 1 want to change is that if... Mayor Suarez: ...a three year agreement that takes you out of a performance evaluation. If you... Chief Anderson: ...no, what I want to change that if somebody has a bad dream or a nightmare... Mayor Suarez: All right. Chief Anderson: ...that I end up being a part of that bad dream. That's what I want to change. Mayor Suarez: All right. Then are you willing to have the agreement be subject to yearly evaluation and the evaluation based on objective performance standards? -like most other contracts of that sort? And if not, why not? Chief, Anderson: What I want is for you, as a Mayor and the Commission, to in concept, to say one thing and work out the rest some other time. That you're going to grant me a three year contract. That's all I want. ...(APPLAUSE)... It's very simple. Mayor Suarez: All right, thank you. Anything further, Commissioners? Is the motion still before us? Is the second still seconded, or... Commissioner Plummer: Yes. Mayor Suarez: The motion is still before us? Vice Mayor Dawkins: The motion is before us for the simple reason I said before, and I'm going to say now, I'm speaking in terms of Mr. Anderson or nobody. I'm speaking in terms of the Chief of Police position, and I want that position and the Fire Chief's position protected so that I will not have to go through this again, and they will know that they are secure in their position. Now, if. that's Chief Anderson, I have no problem with it. If that's "Piccolo Pete," I ain't got no problem with it, OK? Mr. Wolfson: Mr. Mayor, I think I have a solution. 185 May 24, 1990 Vice Mayor Dawkins: He closed discussion. Mr. Wolfson: I got the answer. Mayor Suarez: Wait, wait, counselor, the Vice Mayor's speaking. Vice Mayor Dawkins: You know that's why I.... you know, he's my problem, OK? Now, job security is what I'm seeking, OK? I agree, we have a Police Chief who is excellent, OK? I already know that, all right? And I intend to keep him. But I'm not going to sit up here and have you think that we're going to get a contract when I know damn well we ain't going to get no contract. OK? But if we're talking about preserving the individual in the position and preserving the position, this is the only way we can do it. Now, and this is saying that as long as the Chief of Police does his job and you who vote for us tell us he's doing a good job, it will not be another Howard Gary incident. He will not be fired without a cause and a reason. Now, if nobody - I mean, I want this passed so that we'll be in position to protect the position. Mr. Wolfson: Mr. Mayor... Commissioner Plummer: The second still holds. Vice Mayor Dawkins: That's right. Call the roll. Call the roll. Call the roll. Mr. Wolfson: May I interject one... please. Mayor Suarez: We have a motion to close off debate by Vice Mayor Dawkins. Mr. Wolfson: I think I've got... Mayor Suarez: I don't know what to rule. It seems to me that the logical thing would be to call the roll at this point. I don't see what is served... Mr. Wolfson: I know exactly... Vice Mayor Dawkins: He can speak afterwards. Mayor Suarez: You can speak to it afterwards. Corrmissioners, any further discussion from the Commission? Vice Mayor Dawkins: Call the roll. Mayor Suarez: If not, please call the roll on that motion. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-392 A MOTION OF THE CITY COMMISSION RESCINDING ORDINANCE NO. 7245; FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE WHICH WOULD REINSTATE SECTION 26 OF THE CITY CHARTER IN ORDER TO REINSTITUTE THE DEPARTMENT OF PUBLIC SAFETY; FURTHER REQUESTING THAT THE CITY OF MIAMI POLICE DEPARTMENT'S NAME BE CHANGED AND HEREINAFTER REFERRED TO AS THE CITY OF MIAMI DEPARTMENT OF PUBLIC SAFETY; DESIGNATING THE CITY MANAGER AS DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY AND FURTHER STIPULATING THAT THE POLICE CHIEF AND CHIEF OF THE FIRE DEPARTMENT, WHO WOULD WORK UNDER HIM, CANNOT BE FIRED WITHOUT THREE POSITIVE VOTES FROM THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the m(, on was passed and adopted by the following vote: 166 May 24, 1990 L) F] 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. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Because it affords as much protection or more than the Manager to the three combination, I vote yes. COMMENTS MADE FOLLOWING ROIL CALL: Mayor Suarez: Counselor? Mr. Wolfson: Having spent time with you, sir, and having understanding what you're saying now about evaluations, a solution may very well be the three year contract that the Chief wants with included in that contract, the removal clause as is exactly stated in Section 26. Mayor Suarez: That's removal for cause, not subject to performance evaluations. Mr. Wolfson: It's the same. The verbiage, I can... Mayor Suarez: Quite different. Mr. Wolfson: Well, see... Mayor Suarez: Quite different. See, the whole idea of being a discretionary employee is that there's discretion to whoever appoints you to dismiss you and then you go to the highest civil service position. Yes, Commissioner Plummer. Commissioner Plummer: Let me tell you the area of discrepancy that I think needs clarification and that is, Commissioner Dawkins, I think what needs to be defined more than what has been said today is the definition of cause. OK? Now, whether it's malfeasance or misfeasance, if that's the terminology, or whatever the terminology is, needs to be defined more concise to what is cause? Vice Mayor Dawkins: Section 26 spells out... Commissioner Plummer: Does it spell it out? Mr. Wolfson: Yes. Vice Mayor Dawkins: Read off what causes are over there from twenty-six, Section 26. Mr. Wolfson: Exactly, word for word. It even got drunkenness and there's... Mayor Suarez: Counselor, please, on the prior Section 26, Mr. City Attorney. Mr. Fernandez: Yes, what was the question, I'm sorry? Commissioner Plummer.: The question is, what is the definition of cause? Mayor Suarez: What is the definition of reasonable or good cause? -whatever is stated in there. Mr. Fernandez: As stated in "26" itself, it would be incompetence, neglect of duty, immorality, drunkenness, failure to obey order's given by proper authority or for any other just and reasonable cau!,. Commissioner Plummer: That's more than you got. Mayor Suarez: Well, here's an interesting question. It ,.iys, failure to obey orders given by proper authority. That would be... 187 May 24, 1990 11 Commissioner Plummer: The only one. Mr. Fernandez: City Manager only. Mayor Suarez: That would be by the Manager. Mr. Fernandez: Correct. Commissioner Plummer: Who is his boss. Mr. Fernandez: Its amount to insubordination. Commissioner Plummer: With or without a contract, that's his boss. Mayor Suarez: That's interesting. Chief Anderson: I'm right back to square one. Mr. Wolfson: The performance issue is exactly... he's back to square one, the Chief says. Mayor Suarez: OK. Mr. Wolfson: The performance issue is exactly what he wants to avoid where people who are not satisfied with him as a person - not with his performance but because they don't like Anderson - start 90 days ahead of time to mount a campaign against him and start the slurs that he takes drugs, that he's a bigot, he's this, that he's that and the letters start flying. And that's not fair to the man. Mayor Suarez: OK, counselor, we can't control that. All right, we've closed off debate. Last statement, Chief. Chief Anderson: I feel somewhat like Pagliacchi here. We're back, right, to the same point of where we were before. Mayor Suarez: Please, please. Commissioner Plummer: No, no, no, Chief, I don't agree with that. We're not back to where we were before. Before, you had no procedure for a hearing. You had no procedure that spelled out what cause. Where you were before, as it was said, for the whim, could be replaced, OK? Today, this has passed, that is different. You now have a procedure. It is now with what is spelled out in the procedure as to what is cause, that you have in your favor today that the one single individual cannot say, hey, Perry, good bye. It will now take three members of this Commission to agree or disagree, so we're not where we were yesterday. I think you're a lot more ahead of the game than you were yesterday. You might not agree that you're as far ahead as you would like to be, but you surely have more protection today than you had before. Chief Anderson: Well, put that in a three year contract that... ...(APPLAUSE)... ...basically says the same thing. I'm saying... Commissioner Plummer: Perry, you have it for longer than a three year contract as long as three members of this Commission act as we did today. That will be the ordinance of which you will operate, future Police Chiefs will operate, and understand that, that is the law and the direction of the game. So that will be in effect until some three members of this Commission want to change it. So it could be three years or 30 years. Chief Anderson: I know, Commissioner, with all due respect. Section 26 applied to Harms, it applied to Garmire, it applied to Breslow, it applied to all of the people who are no longer here. And they, I think, five within six years... Commissioner Plummer: 7245 removed 26, right.? Chief Anderson: ...they are no longer here. Commissioner Plummer: Perry... 188 May 24, 1990 C. Chief Anderson: You all are grappling with something that can easily be taken care of and keep going on over and over and lasting and lasting and lasting. And it should not last. Commissioner Plummer: 7245 was by Bob High. Chief Anderson: Really, this should not be the way that it is now. Commissioner Plummer: 1964, 26 years ago. Chief Anderson: This should not. Really. What is the point of this? I'm trying to understand it. You're going to leave these people here, and they're going to leave here confused once more, go back out into the community when some responsibility should be taken and go on and get this particular issue over with. If you want to put that Section 26, Mr. Mayor, what you've said about an appraisal or whatever, an evaluation. But we're talking about a three year contract and after the three year contract, if I decide to stay, Section 26 can apply. That's all we're saying, so can we make a responsible motion, so that we can go back to work and get all of this over with, please. I'm asking you all, let's do this and get it over with? OK? (APPLAUSE) Mayor Suarez: Anything further from the Commission or the City Manager? Commissioner Plummer: Just for the record, I think it needs to be stated that 7245 removed Article 26 from the Charter back in September 30, 1964. Twenty- six was not there for the protection of Harms or Breslow or any of the others. Mr. Wolfson: I was there. Do you remember that show on television, "You Were There?" I was there, OK? Commissioner Plummer: In '64? Mr. Wolfson.: No, not in 164, I was there for Breslow and I was there for Dixon. Commissioner Plummer: Well, I was there in 164 because, let me tell you what the situation was. There was an ongoing fight between the Police Chief and the Mayor. The Mayor tried to get rid of him and guess who lost? The Mayor. Mr. Wolfson: Right. However, the only way you can change this Charter is with a vote. It's got to go to the public and you need to make a charter. amendment. You cannot change it the way it allegedly was attempted to have been changed. Therefore, Section 26 always existed. It never went to the voters. I did possibly go to the voters maybe about ten years ago. They didn't understand it and they turned it down. Therefore, "26" did exist when Harass got fired in the middle of the night. It existed when Breslow was forced out of office. Now you're saying, it's back in? It was voted, it's back in? -which theoretically makes him Chief until the cause is shown. Commissioner Plummer: That's exactly correct. Mr. Wolfson: But he wants a three year contract. Can I ask, please, for a motion by somebody on this Commission - please, to say that... if you wanted to use Section 26 in your vernacular, please say that Section 26 shall last at least for three years for this man. Promise him that for the next three years, he will be your Chief. Commissioner Plummer: That doesn't promise him. (APPLAUSE) Mr. Wolfson: In writing. And please sign the document that we agonized over, that we fought over and that is in writing, and all of a sudden, everybody backs down and they're changing their mind. Please tell him to sign iti (APPLAUSE) Mayor Suarez: All right, debate is closed on the issue. 189 May 24, 1990 Vice Mayor Dawkins: Hey wait a minute, repeat that. Hold it, hold it, hold it. Mr. Wolfson: Pleasel Mayor Suarez: Please. Vice Mayor Dawkins. Vice Mayor Dawkins: Counsel, counsel, say what you said again. Mr. Wolfson: Please. Vice Mayor Dawkins: No, no, no. The whole statement. The whole statement about everybody promise you something and back down. Say that. Mr. Wolfson: I had an agreement. Vice Mayor Dawkins: With whom? Not all of us, as you said. Mr. Wolfson: No, sir. Vice Mayor Dawkins: All right, then that's all I need. Thank you. Mr. Wolfson: I had a working rough draft that everybody has. The press has it. Vice Mayor Dawkins: But nobody up here passed on it. Mr. Wolfson: Correct. Vice Mayor Dawkins: All right. Thank you. Chief Anderson: Well, Mr. Commissioner, would you pass on it, please? Would you please pass on it.? Please. Let's get this over with. (APPLAUSE) Mayor Suarez: OK, please. Chief Anderson: I don't want to fight with you. I mean, please, let's go. Mayor Suarez: All right, please. from the Manager? Chief Anderson: Go for it. Anything further from the Commission or Mayor Suarez: All right, thank you for all the statements and all of the discussion. We're going to go on to the next item, whichever it may be on the agenda. We're on personal appearances. Thank you, Chief. Please; please. Item 33, if the people are here. Is anyone here on 33? Mr. David Ray: Yes, sir. Mayor Suarez: All right. Mr. Ray: I'm David Ray, I'm the secretary of Florida Marine Events who owns the Boat Show in the Grove. I'm just here to answer questions and comment or answer any comments you have. Commissioner Plummer: What are the special fees that you're requesting? Mr. Ray: The special fees are for the ramp, for the - let's see, the special fees are for the Dinner Key boat launching ramp. We have used those in past years. This is done by resolution. We're hoping to get a long term agreement. Mayor Suarez: Wait a minute. OR. we need quiet in the chambers, please! Anyone who is not staying for the next items, please clear the chambers, particularly those that are standing up, otherwise you're welcome to sit down and watch the rest of the proceedings. We've got a planning and zoning agenda with a bunch of items, in addition to the personal appearances. Please. Ms. Lucille Broom: Mayor Suarez, I want to say something, please, sir. 190 May 24, 1990 Mayor. Suarez: Ma'am. Anyone... Mr. Manager, would you have someone from the staff explain to the lady on the mike what has transpired tip to now and make sure that she understands. And anyone else who needs to understand. But please do it outside so we can proceed with the agenda. Ms. Broom: Why are you pushing us around? Mayor Suarez: Ma'am, ma'am, you're out of order. Ms. Broom: Why are we being pushed and shoved around? Mayor Suarez: Please, please, ma'am. All right, go ahead and make a statement, ma'am. Give us your name. I'm sorry, sir, we're going to go back to your... Ms. Broom: My name is Lucille Broom, 1051 N.W. 43rd Street. My son was officer Nathaniel Broom. My son gave up his life for the rights of his community. We are still looking for those rights. Why should Chief Anderson be denied what he's asking for? -that he would be assured of his job. Why shouldn't he get his three years? Why shouldn't he, please, sir? Thank you. Mayor Suarez: Thank you. If we were to take anybody out of order, certainly it was proper that we would take your statement. Dr. Ferguson: Mr. Mayor, could we get an answer, please? Mayor Suarez: I think we've discussed it enough, Dr. Ferguson, and this item is concluded. We're happy to have your statement into the record, Mrs. Broom. ----------------- ----------------------------------------------------------- 46. GRANT REQUEST FROM SHOW MANAGEMENT - ESTABLISH SPECIAL FEES, CHARGES AND CONDITIONS CONCERNING THE COCONUT GROVE BOAT SHOW. ------------------------------------------------------------------------------ Mayor Suarez: All right, next item. Once again, 33, please. Commissioner Plummer: Mr. Mayor, we have in front of us that what is being proposed on item 33. Mayor Suarez: Please, I need quiet in the chambers! All right. Commissioner Plummer: Mr. Mayor, we have before us that provision of the special fees that are proffered for this item. They come to a total of $15,000 for a five-day run. I think it is fair to the City and I so move. Mayor Suarez: So moved. Commissioner Alonso; Second. Mayor Suarez: Seconded by Commissioner Alonso. Any discussion of item 33? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-393 A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE D1144ER KEY BOAT RAMP LAUNCHING AREA IN CONNECTION WITH iiE MIAMI BOAT SHOW IN THE GROVE TO BE PRESENTIi) BY FI IDA MARINE EVENTS, INC., WITH YACHTING PROMOTIONS, I!. , MAY 29, 1990 - JUNE 4, 1990 AT SAID FACILITY AND THE COCONUT GROVE EXHIBITION CENTER; AUTHORIZING 'IHE ISSUANCE AND/OR EXECUTION OF THE NECESSARY DOC'UMENTS, I14 A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID SPONSOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 191 May 24, 1990 Upon being seconded by Commissioner Alonso, 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. 140TE FOR THE RECORD: At this point, agenda item 34 was deferred to the next City Commission Meeting. 47. DISCUSSION CONCERNING PROPOSED RESOLUTION OF DIFFERENCES BETWEEN EXISTING SOCCER PROGRAM IN LITTLE HAITI AND ALLEGED MANAGEMENT INTERFERENCE BY THE POLICE DEPARTMENT. ------------------------------------------------------------------------------- Mayor Suarez: Item 35. Is Coach Baptiste here? The media please... you have to do interviews outside. All interviews outside. All right, sir, you can make all the statements you want, but outside, not in these chambers. We've had the hearing already. All right, sir, proceed Coach. Mr. Baptiste: Mr. Mayor, Commission, my name is Ernest Jean Baptiste, I'm an ex -soccer coach at Miami -Dade, the New World Center. And I appear here today about soccer program. We want a proposal for little Haiti after school program, then I've been approved by the Law Enforcement Trust Fund. Mayor Suarez: Is this a Law Enforcement Trust Fund item, lieutenant? Lt. Joseph Longueira: Yes, sir, this is the item we talked about where we're in the middle of doing the background on the counselor we're hiring and we're waiting for that to be completed. Mayor Suarez: Is it recommended? Lt. Longueira: I don't know what he's asking for. We're already doing the soccer league in the trust fund that you previously funded. We had a discussion about that earlier. Vice Mayor Dawkins: Where are you doing it? Lt. Longueira: Commissioner, we're in the middle of doing the background on Pierre LeBrun, who is the candidate that we would like to hire as the counselor coordinator. Vice Mayor Dawkins: Where are you going to locate the program and on what field? Lt. Longueira: Commissioner, I believe that we're going to... I'm not running the program, but once we get Mr. LeBrun, we're going to look for City parks and schools to operate the program in; one of them being Morningside and other programs in that area. Vice Mayor Dawkins: That's all. I need; Joe. Lt. Longueira: Yes, sir. Vice Mayor Dawkins: That's all. Mayor Suarez: What do you want to do with the item? Go ahead and Finish your presentation. 142 May 24, 1990 Mr. Baptist-: Yes, I had a few meetings with official about that program, that program for newspaper was supposed to be for Little Haiti kids and I, as a spots and news of Haitian community on TV and the radio. And I've been... we have a lot of kids been calling us, and parents concerned about where are the program. And then here we have a lot of kids and we still don't have no where, you know, nothing to equipment for them, nothing to work with them. Lt. Longueira: Mayor, we have funding in the program for shoes, for shirts, for soccer balls. That's all in the program and that will be done as soon as we hire Mr. LeBrun and he administers the program, we'll be purchasing some of that equipment. Mayor Suarez: OK, will his group be participating? Lt. Longueira: Yes, sir, I told them once we get. Mr. LeBrun on, we would get them together, you know, and we would be willing to make this a joint effort with their association. Mayor Suarez: Who's Mr. LeBrun or LeBrun, that seems to hold the magic wand here that his hiring is what keeps everything from happening? Pierre LeBrun? He's not... Mr. Baptiste: Completely out of that thing, we don't know exactly what's going on and I've been asking officer to, you know, to send us what is a]I about because we still there with the kids and I heard about LeBrun and we don't know nothing about it and we want a league there. Mayor Suarez: Have you taken input from the community and the people interested as to who you should hire for this, lieutenant? Lt. Longueira: Mr. Mayor, last time I met with Mr. Baptiste a little while ago, we showed him the qualifications of Mr. LeBrun and him and another man that I don't believe is with him tonight, both stated that they could not object to Mr. LeBrun. He was highly qualified for the job. They had no problem with this man, OK? Mr. Baptiste: But the thing is, you know, we are everyone doing soccer in Little Haiti, Here I am with all those guys behind me and we are everyone who have the pressure on. Since, first of all, I'm on '.TV, I don't see that soccer kids, you know. You know, every weekend, on _ on Channel 10 Haitian on talk television, I'm on the radio and so far, just from you, we heard that, you know, things are going on, we have nothing and we are for kids. We have hundreds of kids, you know, wanted to play and have nothing.... Mayor Suarez: OK, we need quiet in the chambers! I don't understand what's separating us here. Can you tell us? -if anything? Lt. Longueira: No, probably speed is the separation. Mayor Suarez: All right, well, and also, consult them as to the actual individual hired. I mean, if they're the participants, the promoters, the people who are most active in it, they should have a lot to say as to who is hired to run the program. Lt. Longueira: Yes, Mr. Mayor... Mayor Suarez: All right. Lt. Longueira: We're trying to work under very - a little bit of different of opinion on how the program should be run, OK. And that's where the matter may go back to. He wanted us to pay for coaches initially. It's our position we don't pay for coaches. We'llpay for umpires and the counselor. Mr. Baptiste runs a sports store that sells soccer equipment. We will buy the soccer equipment under City procurement procedures, OK. If they can't live with that, that may be the crux of the matter. OK? Mr. Baptiste: No, what I was trying to say... Lt. Longueira: We're going to proceed with this as soon as Mr. LeBrun is hired. 193 May 24, 1990 Mr. Joel Board. Yes, my name is Joel Board. I'm a member of the Haitian - the Little Haiti soccer league. What I'm asking now is why is now the police won't doing the soccer for us since we've been running it since 1972 without money. Why now, because the City have a little money involved and the Police Department want to run the soccer league for us? Commissioner Plummer: Simply sir, because the money is coming from them. Mr. Board: No, I'm not finished yet, sir. Commissioner Plummer: The money is coming from them. Mr. Board: Yes, what... Commissioner Plummer: That's why they wanted involvement. Mr. Baptiste: Excuse me, I have a motion for you. You mentioned that I'm running the soccer store that, you know, you're supposed to buy equipment from me. You know, I'm not. I'm just working there and also I've been invoived in soccer as a professional soccer player in Miami. I've been coaching Miami - Dade and play for Miami -Dade South and everything. I've been giving my services within the youth in the community and then it's not my concern about buying socks or anything in my store. It's just a concern of the kids we have on hands everyday, every afternoon. If you may go to Park or to Miami -Dade, we have hundreds of kids, we walk, you know, and we do ask nobody to help us on anything. That's the main reason. It's not like you buying socks or buying anything from me is nothing. We need things to work with the kids. We are financed, we have hundred - I can give you names, parents, and everything. Mayor Suarez: OK. Yes, let's see if we can work it together as soon as the items are on the way and speed it up, work with the group. If you still have any complaints, if they're still not responding to you and involving you in the process, you're welcome to come back to the Commission and be heard again. Sir, last statement. Mr. Joseph Rampel: Mr. Mayor, my name is Joseph Rampel. I am a soccer referee since 1975 and what we do not understand is how come we do have the little boys and right now we also have some girls playing soccer, and then suddenly that we have people who have to run the program for us. We know the community, we know effectively what happening in this community. We have been taking all the risks and We have been sharing all the program with all the kids since 1972 and right now, what we do need, we need somebody to help us out with the kids. So, we don't want that our kids going outside for drugs, going outside for other things. That's why we run soccer. We want that environment to be a good environment for them. This is why we have U the league in here, Little Haiti soccer league. This thing is incorporated and then run by people who know soccer, who know soccer for a long time. Lt. Longueira: Mr. Mayor, I concur with them and, believe me, we're going to bridge this gap very quickly. I'll meet with them next week and no problem. Mayor Suarez: Yes, let's no displace them in the effort to institutionalize something. Displaced people have been doing it for, God knows, how many years. And, if you have any problems, don't hesitate to call us and to have the item be put on the agenda again. Thank you. Commissioner Plummer: Mr. Mayor... Mayor Suarez: Keep the program going, it's an excellent program, it's been working without City funds and now we're going to try to pump some City monies into it. Yes, Commissioner. Commissioner Plumrr)er: I'd like to ask the Manager. Mr. Manager, hello? I am about to walk out the door. Is there any item that you need me !sere for of importance that we could possibly take out of order... Mayor Suarez: Commissioner Alonso, I think, had one. Commissioner Alonso: Yes, I'd like to bring back PZ-17-B. 194 May 24, 1990 4111, Ar' Mayor Suarez: And then, Mr. Manager, after that. Commissioner Plummer: PZ-17? Commissioner Alonso: "B," yes. Commissioner Plummer: Well, you're just bringing it back on the agenda? Mr. Guillermo Olmedillo: There are two PZ-17s and you have withdrawn the item, I mean, continued the item... Commissioner Alonso: We did both but can we bring back "B"? Mayor Suarez: PZ-17-B. Now, we deferred that or continued that at the request of whom? Commissioner Plummer: You got a problem there. Mr. Olmedillo: Vice Mayor... the Vice Mayor. Commissioner Plummer: You've got a problem because you've announced it and there's people left because of it. Mayor Suarez: OK, can we be absolutely sure that we don't have anybody that wanted to be heard on PZ-17-B that has left the chambers and would otherwise... Commissioner Alonso: The problem, no one was here at that time. We asked it, remember? Mayor Suarez: OK. Mr. Olmedillo: Apparently, the people interested in it have left the chambers when... Commissioner Alonso: But the problem is, we did ask, at that time, and there were people on "A," but in "B," they were not here. Mr. Olmedillo: Nobody said anything and the item... UNIDENTIFIED SPEAKER: I've been in and out. Mr. Olmedillo: The entire item was continued. Commissioner Alonso: They were not here at that particular time. And they came back and they wanted it to be discussed. Can we do it? UNIDENTIFIED SPEAKER: When was it continued for? Commissioner Plummer: I would suggest we put it over to June the 7th. UNIDENTIFIED SPEAKER: June the 7th, along with "A"? Commissioner Alonso: Yes. Mayor Suarez: Are they related? -"A" and "B"? Commissioner Plummer: Even if we put it back on the agenda, we'll never get to it by 9:00 o'clock. Mr. Olmedillo: Somewhat, because they deal with liquor licenses. Mayor Suarez: It's a what? -I'm sorry? Mr. Olmedillo: They deal with liquor licenses, both of them. Mayor Suarez: They're both... Mr. Olmedillo: One is Sunday sales. Mayor Suarez: But, the sane property owner? 195 May 24, 1990 n] Mr. Olmedillo: No, sir. Commissioner Plummer: No, it's... Commissioner Alonso: No, no, no, i.t's... Commissioner Plummer: It's a City application. Commissioner Alonso: Yes. Mr. Olmedillo: And the other one is to reduce the distance between package and... Mayor Suarez: I wonder if we would be involved in any procedural unfairness if we took up PZ-17-B? If you want to stick around, we might get to the item. I'm not sure that we can handle it tonight, if you want to wait. J don't think you need Commissioner Plummer to be here, so you might want to hang around. All right? UNIDENTIFIED SPEAKER: Mr. Mayor, I'm interested only in 17-B. Mayor Suarez: OK, well hang just in case, please, so we don't have a problem then if you're not here. UNIDENTIFIED SPEAKER: Hang around to... Thank you. Vice Mayor Dawkins: You all aren't going to get to 17-B, Mr. Mayor. Mayor Suarez: I don't think we will either, but just in case, if you want. UNIDENTIFIED SPEAKER: OK. Mayor Suarez: At least we'll... Commissioner Plummer: I'm sorry, but I've got to leave. NOTE FOR THE RECORD: Commissioner Plummer left the meeting at 7:32 p.m. 48. DISCUSSION CONCERNING REQUEST FROM GERMAN - AMERICAN CULTURAL SOCIETY FOR IN -KIND SERVICES IN CONNECTION WITH OKTOBERFEST AND FALL OF THE BERLIN WALL EVENT CELEBRATION. Mayor Suarez: All right, item 37 is the one I just called. OK, if you want to, there's also a hand held mike that you can pull with you. Mr. Creech: My name is Manfred Creech. I'm president of the German American Cultural Society and we've been holding annual Oktoberfests in Homestead since 1984. Now, we have moved to Miami, to Bayfront Park, and we'll continue the event here because we've outgrown Homestead. We also will celebra1, this year the fall of the Berlin. Wall which we will exhibit the Berlin Wall, the only section in the eastern United States available. Naturally, this particular event to celebrate the fall of the Berlin Wall is an emotional subject with the German people. As you might understand, it brings the nat n together again and families and loved ones, so it's an important event for us and we would like to have your support. What we're asking the Commission to do for us is to waive the fees for the Fire Department, the Police, and Solid Waste which are City services. Mayor Suarez: Is this recommended by the festival policy process? Are we reconunending anything whatsoever, Frank-, Mr. Frank Cast.aneda: No, we're recommending nothing. 196 May 24, 1990 Mayor Suarez: Waiver of any fees for use of any City facility that wouldn't otherwise be used and presents no cost to tis? Mr. Castaneda: All that they are asking for hard cash. They're asking $6,000 for police, $1,800 for fire rescue, and $170 from Solid Waste. Mayor Suarez: We've never had a festival like this? Mr. Castaneda: They've all been in Homestead. Mr. Creech: We always held the Oktoberfest in Homestead except in 1988, we had a small one in Bayfront Park. But the celebration of the Berlin Wall, we naturally haven't had that yet. So, but we combine it with the Oktoberfest so it will be more successful and not so politicized. Mayor Suarez: I thought the general theme of the Oktoberfest was Bavarian or Germanic or whatever customs and foods and everything else. Mr. Creech: Yes, well... yes. Mayor Suarez: Are we still having the Oktoberfest? And this is not at the same time, doesn't it merge into it? Mr. Creech: This is the only Oktoberfest we have in Miami. Mr. Castaneda: I believe that the other Oktoberfest that you're thinking of is the week before yours. Mayor Suarez: Is it held in October? -this one? Mr. Creech: Oktoberfest. The only other Oktoberfest, ours, was in Homestead and then there's naturally one in Ft. Lauderdale and Palm Beach. And Ft. Lauderdale we started that, actually, in 1984 and the City is running it now. And it's been very successful. I did not know she attended that particular event. Mayor Suarez: OK, Commissioners... do you have a German accent? Mr. Creech: Of course. Mayor Suarez: I've got to practice on my German accent. I have a hard time understanding what you're saying. Lt. Joseph Longueira: We do have that Oktoberfest just north of the Omni every year. Mayor Suarez: We got every other kind of accent here. I'm sorry? Lt. Longueira: Just north of the Omni they have that Oktoberfest festival every year. Mayor Suarez: Right, right. So we do have still the Oktoberfest. Mr. Creech: Oh, that is run by a private establishment, Wesselong, yes... well, I mean, these type of everts are all over. Even Publix has Oktoberfest sales and so - but no Oktoberfest the scope that we put on. Mayor Suarez: You know, we lead the world in festivals. Ethnic festivals, running festivals, food festivals, sports festivals. We just cannot afford to subsidize any more. We will give you a City park by waiving the rent for the use of a City park in the appropriate situation. But you have to pay for all attendant services and that's the best we can do. And you're not even asking for that, so there's nothing we can do at this point unless any Commissioner wants to make a motion. But you're welcome to use our respective offices to try to get support from the private sector for it, including anyone that has a particular interest in this festival. Mr. Creech: And there's not even any token? Mayor Suarez: We have no funding, we have no money. Our festival policy is $200,000 a year and it's been allocated. OK? 197 May 24, 1990 11 11 Mr. Creech: OK. Mayor Suarez: Thank you, sir. 49. (A) GRANT REQUEST BY OLD SAN JUAN FESTIVAL CORPORATION FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE OLD SAN JUAN / WYNWOOD FESTIVAL '90. (B) RESTRICT PEDDLERS AND PERMIT SALE OF BEER AND WINE DURING THE OLD SAN JUAN/WYNWOOD FESTIVAL '90. (C) GRANT FEE WAIVER FOR USE OF PARK AND EQUIPMENT. Mayor Suarez: Item 38, San Juan Festival Corporation. Talking about festivals. Commissioner Alonso: Uh huh. Are they requesting street closures and fee waivers? Ms. Nilsa Velazques: Yes. My name is Niisa Velazques, 9900 S.W. 127th Avenue. And I'm representing the Old San Juan Festival Corporation at this time. Mayor Suarez: OK, as to the street closures, I'll entertain a motion. Get that out of the way. Vice Mayor Dawkins: Move_ Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Any discussion on the street closures? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-394 A RESOLUTION CONCERNING THE OLD SAN JUAN/WYNWOOD FESTIVAL TO BE CONDUCTED BY THE OLD SAN JUAN FESTIVAL CORPORATION ON JULY 29, 1990, 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; 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 IN SUPPORT OF SAID EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT, WITH THE EXCEPTION OF FIRE DYiARTMENT ADMINISTRATIVE COSTS OF $90.00 (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: 198 May 24, 1990 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. Ms. Velazques: Restriction of retail peddlers, we would like restriction of retail peddlers also. Mayor Suarez: Yes. I'll entertain a motion on that. All of the items that don't cost money, can. we take them altogether, Frank? Ms. Velazques: OK. Mayor Suarez: State them so that we can make it into a motion? Mr. Frank Caztaneda: Right, the two items that are missing are restriction of retail peddlers and one day permit to sell beer and wine. Mayor Suarez: All right, as to both of those, I'll entertain a motion. Commissioner Alonso: Yes, I so move. Mayor Suarez: So moved. Commissioner De Yurre: Second. Mayor Suarez: Commissioner De Yurre seconds. Cali the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-394.1 THE PARAMETERS OF THE HEREINABOVE MOTION ARE FORMALIZED AND CONTAINED IN R 90-394 ABOVE. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: OK. Ms. Velazques: I understand that you're very short on your budget. Commissioner Alonso: To say the least. Ms. Velazques: But, we talked about this. They tried to get some state money. The only thing we have gotten is some monies from the Tourist Council and we're... Mayor Suarez: How much did the Greater Miami Convention and Visitors Bureau give you? Ms. Velazques: Who? Mayor Suarez: You said the Tourist Council? Ms. Velazques: Yes. They gave us... Mayor Suarez: How much did they give you? 199 May 24, 1990 Ms. Velazques: They gave us $4,000, which hardly covers the insurance and... Mayor Suarez: Oh, they were generous on that. Ms. Velazques: Yes. And we were hope to ask for monies to cover some of the departments this day. No monies. What about waivers? Mayor Suarez: We're having to hold off the layoff of I don't know how many employees that were supposed to be laid off between now and the next Commission meeting. Ms. Velazques: Yes. OK, well, I would like to request waivers then on the fees for the parks and equipment and permits. Mayor Suarez: What is the equipment that is needed? Ms. Velazques: Their... Mayor Suarez: The stage? Ms. Velazques: Stages. We also need generators and speakers, these type of things. Mayor Suarez: As to whatever equipment they need that isn't otherwise being used that day and I would have no problem moving to waive it. Commissioner Alonso: Yes. I move that. Mayor Suarez: So moved. Commissioner Alonso: We approved those. Ms. Velazques: I have another - other waivers. The occupational license fees. It's $50 each booth, we would like to be waived. That's money... Mayor Suarez: Can we recoup that by charging the people who set up the _— booths? Don't they make some money? Don't they sell things? Ms. Velazques: Yes. But you're not giving us any money. Mayor Suarez: Can we recoup that by having them take... Ms. Velazques: We have to generate monies... Commissioner Alonso: How much will it be approximately? What are we talking about? Mr. Castaneda: Twenty-five hundred dollars. Ms. Velazques: Twenty-five hundred dollars. Mayor Suarez: See, if not, then how are you going to decide who is going to get the booth? I mean, you know... Ms. Velazques: What do you mean? Mayor Suarez: They don't have to pay anything up... Mr. Castaneda: They want to keep the money. Mayor Suarez: They want to keep their money. Ms. Valazques: Of course. Since you're not giving us money, we have to generate the money somehow to pay for other things. Mayor Suarez: That's kind of a waiver. I guess that still comes under my at least my policy of allowing waivers, but not outright cash grants. Ms. Valazques: Yes, of course. Commissioner Alonso: Yes. 200 May 24, I99O Mayor Suarez: Is that legal.? Mr. Castaneda: The $50 by booth, you cannot waive. Mayor Suarez: Cannot be waived, by ordinance, yes. I think you... Ms. Valazques: I thought that was in... Commissioner Alonso: So, up to that point, you were doing fine. Ms. Valazques: But, I thought that was inside the park, not in the streets. Mr. Albert Ruder: There's an existing ordinance that that cannot be waived, the $50. Mayor Suarez: And, you know, in addition to that, you've got merchants that are out there who are paying all kinds of fees. They're going to be restricted on this particular day and if the City doesn't at least charge the $50 per booth, it kind of puts them at a competitive disadvantage. Ms. Valazques: We would have to add the $50 to the charges, then. The Public Works, they are charging us for the lineal footage of the streets, the Public Works. That's how much? Commissioner Alonso: What is that? Ms. Valazques: $588. Commissioner Alonso: You mean like Calle Ocho and things like that, like we do? Mr. Castaneda: Right, right. The Commission passed an ordinance charging a fee per linear feet of street used in the festival and you have the authority to waive that. Mayor Suarez: I'll entertain a motion on that. Commissioner Alonso: Yes, we can waive that too. Mayor Suarez: Ai.l right, build that into the motion too. Anything else left? Commissioner Alonso: Is that it? Ms. Valazques: Yes, there was one more thing. The fire administrative cost, the administrative fees, that's $90.00. Commissioner Alonso: How much? Ms. Valazques: Ninety dollars. That's very little. Commissioner Alonso:. Ninety dollars... Mayor Suarez: So we don't violate the policy, we'll come up with the $90 from other source. Anything else? Commissioner Alonso: That's it? Ms. Valazques: Well, if you cannot give you anything - give us anything else, we will take that. Commissioner Alonso: You did fine, I tell you. Mayor Suarez: On the waivers, you have a motion. Any second on the waivers? Conunissioner De Yurre: Second. Mayor Suarez: Call the roll. I 201 May 24, 1990 The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION N0, 90-394.2 THE PARAMETERS OF THE HEREINABOVE MOTION ARE FORMALIZED AND CONTAINED IN R 90-394 ABOVE. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Ms. Valazques: Thank you and you're invited to attend. Mayor Suarez: Go sin no more and we shall try to be there. ------------------------------------------------------------------------------- 50. GRANT WAIVER OF RENTAL AND REHEARSAI. FEES AT MANUEL ARTIME PERFORMING ARTS CENTER IN CONNECTION WITH CUBAN AMERICAN BEAUTY PAGEANT, WITH PROVISOS. ------------------------------------------------------------------------------- Mayor Suarez: We did 40, thirty-nine is still pending? Mr. Bob Navarro: Yes, present. Commissioner Alonso: Thirty-nine? Mayor Suarez: Yes, sir. Mr. Navarro: Good evening, Mayor, Vice Mayor, City Commissioners, my name is Bob Navarro. I'm the director of special events for the Miss Cuban American Beauty Pageant. We're located at 300 N.W. LeJeune Road. Our organization was founded in 1985 by our executive director, Mario Pinzagali. Our long term goal. is making the pageant one of the most important symbols of our community. Also, be able to maintain our culture as well as our heritage beyond the new born Miss Cuban American USA. Our organization is also providing educational drug free seminars to private schools, churches, and youth groups with the intent... Mayor Suarez: Let me as a question.. Mr. Navarro: Yes. Mayor Suarez: Because most of the charitable everts that take place give the money, if they make money, to a worthy cause. And our concern is always, we're going to do that, if we're going to waive fees, why don't we just go ahead and give our money to a worthy cause and don't have to go through you. So let me ask, at the Manuel Artime Center, what is our policy, Frank? -have we gotten to the point on the Artime Center that we have promoted enough that all kinds of people are requesting to use it and are willing to pay all kinds of money or is this kind of the incipient or embryonic stage where we should allow some things to happen there? Try to promote the facility? Mr. Castaneda: It is still in the embryonic stage, but it is growing rapidly and so forth. If the Commission want., they can waive the fees... Mayor Suarez: Do we have a certain number of community programs a year that we try to give for free or'... Mr. Castaneda: The Commission can waive the fees for the Manuel Artime. T}-,e insurance is an actual, you know, out cash, that co:_, money, but you can waive fees if you want to. 202 May 24, 1990 Mayor Suarez: Oh, absolutely, any... Commissioner Alonso: Fee waiver, yes. Mr. Navarro: I would appreciate it, yes. At this time I would like to request for that night of September 29th. Mayor Suarez: All right, I13.1 entertain a motion on the fee waiver. Wait, sir, please, please, please... Commissioner Alonso: Yes, I move.. Mayor Suarez: So moved. Commissioner De Yurre: Well, what about the girls? Commissioner Alonso: What do you mean? Commissioner De Yurre: Aren't they going to be coming by here? Mayor Suarez: 'I'll entertain a second on the motion. Commissioner De Yurre: Second. Mayor Suarez: Thank you. Mr. Navarro: Thank you very much. Commissioner De Yurre: Well, not yet. Mayor Suarez: Don't thank us yet, we haven't even voted yet. Mr. Navarro: OK. Mayor Suarez: Frank, would you bring back to this Commission an ordinance or scheme for determining how many days a year we're going to make available for these kinds of programs? Or at least at the appropriate time, tell us that we really should begin to charge for everything that happens at the Artime Center. Mr. Castaneda: Would you want to... Mayor Suarez: Because, otherwise, see... Commissioner Alonso: Didn't we have something like that... Mr. Castaneda: No, the ordinance says that the Commission can waive any fees. If you want, I'll bring an ordinance like you have for Bayfront... Mayor Suarez: Well, maybe it's not, an ordinance what I want. It's just a - maybe it's a market analysis. If we're at the point now that we have sufficient things happening there that there's never a situation where we say, if we don't allow these people to use it for free, it will go unused, then tell us that and let's establish a policy and let's be rigid. Because, otherwise, whoever happens to know how* to schedule a meeting here can come in and get it waived and we don't have any kind of a policy. Really, we have to recoup some of the money we spent on this facility. Commissioner Alonso: That's right. Mayor Suarez: Let, alone, our money and the money of the citizens of the State of Florida. I think there was about $600,000 put into it, that facility. Mr. Castaneda: That's correct. Commissioner Alonso: Yes, I agree with the Mayor. The only thing that we are waiting for the curtain, certain events cannottake place there until we are finished with that, right? Mr. Castaneda: Correct, Commissioner. 203 May 24, 1990 Commissioner Alonso: And that puts limitations... Mayor Suarez: How does that look? How does that look on it? Commissioner Alonso: Well, they have to work with lights. Mayor Suarez: All right. Commissioner Alonso: To make up for the... Mr. Castaneda: Right, that's correct. Commissioner Alonso: ...lack of the curtain and, you know, it doesn't always work right. Mayor Suarez: It doesn't always work right. Sometimes you need the curtain. Commissioner Alonso: So, after that, we'll be in a better position to make that decision. Mayor Suarez: Sometimes you need the curtain here too. Call the roll on the motion. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-395 A RESOLUTION GRANTING THE REQUEST OF THE CUBAN AMERICAN PAGEANT FOR THE WAIVERS OF THE RENTAL AND REHEARSAL FEES IN CONNFCTION WITH THE CUBAN AMERICAN BEAUTY PAGEANT TO BE HELD AT MANUEL ARTIME PERFORMING ARTS CENTER SEPTEMBER 28 AND 29, 1990, CONDITIONED UPON THE ORGANIZATION OBTAINING INSURANCE REQUIREMENTS AS MANDATED BY THE CITY OF MIAMI AND PAYING FOR ANY _ COSTS ABOVE AND BEYOND THOSE FEES GRANTED BY THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: Thank you. Go have the pageant. Mr. Navarro: On behalf of myself... Mayor Suarez: Don't thank us, we're almost out of time. We have an hour and thirteen minutes. Mr. Navarro: I still want to thank you. Mayor Suarez: All right... Mr. Navarro: Thank you. Mayor Suarez: We'll take very briefly. Commissioner De Yurre, did you .rant to say... lie's not there... Forty two we've already discussed and lie's going to present, I think, a scheme at a later meeting. 204 May 24, 1990 0 0 51. GRANT REQUEST BY BAYSIDE NEIGHBORHOOD ASSOCIATION FOR AN EXTENSION OF TIME TO MEET WITH BOND REQUIREMENTS CONCERNING PERMANENT BARRICADES IN THE NEIGHBORHOOD. Mayor Suarez: How are we doing on 43? -my item on the barricades in the Bayside neighborhood. Commissioner Alonso: Oh, ho. Mayor Suarez: Do we have people here on that? Raise your hand if you're here on that issue. OK. What are the green ribbons? It's one of the planning and zoning items, I guess, we got all those green ribbons out there. All right, on the barricades, I gather we have some pros and some against. Raise your hand if you are in favor of the barricades. OK, so we have an idea. Raise your hand if you're against the barricades. Those are the green signs, I guess. OK, do you have... Mr. David Anthony: Mayor Suarez, could I please ask you a question? The item being addressed is not the barricades, but a bond reduction. We met with... Mayor Suarez: I remember, we've already argued about the bar.... Mr. Anthony: OK? And I respectfully request that we limit this discussion to the bond reduction which was agreed upon by Public Works. We have... Mayor Suarez: You don't have to be too respectful to request it because I'm certainly going to agree to it. Mr. Anthony: Thank you, sir. Mayor Suarez: Could we get a briefing on that, Dr. Prieto? I know that, it was $30,000 and it may be reduced or not to what?-$6,000 or something. Go ahead. Explain the implications of that reduction. Mr. Luis Prieto: Very simply, sir, we had given a figure of thirty thousand based on the original design. They came in with a design that satisfied us. We circulated to other agencies, Police, Fire and the County, and they were also satisfied with this reduced barricade. That reduced barricade really amounted to much less engineering. We estimated, instead of ten thousand per barricade, two thousand per barricade, therefore, we requested a bond of $6,000. They extended a check to us for $6,000 and it's presently deposited. Mayor Suarez: So you recommend then at this point, that we proceed with it? Mr. Prieto: Yes, sir. Mayor Suarez: All right. Anyone against? Let's avoid the pros so that we can do the ones against. Go ahead, ma'am. Vice Mayor Dawkins: Hold up, hold up, hold up... Mr. Anthony: Your Honor, Mayor, is this... the discussion should be limited to being opposed to the bond reduction, not the barricades. Mayor Suarez: We're going to try to do that, we're going to try to do that. Mr. Anthony: We fought that battle. Mayor Suarez: Knowing that people sometimes go a little bit outside of what... the discussion is really about why we shouldn't reduce the bond from thirty to six thousand. Go ahead, Vice Mayor Dawkins. Vice Mayor Dawkins: How could we have professionals who overestimate a barricade by $8,000? How could we do that? U14IDENTIFIED SPEAKER: No, it's $34,000. 205 May 24, 1990 El U Mr. Prieto: The reason is, these are two different designs. At the first time... Vice Mayor Dawkins: Well, if the first design was what was adequate, why would you accept the second drawing? Mr. Prieto: Because at that... Vice Mayor Dawkins: I mean, I don't know what the hell we're doing. Mr. Prieto: Yes, at the f irst time we had to satisfy a number of agencies that had changed their minds afterwards that they could accept a lesser barricade. Essentially, we... Vice Mayor Dawkins: What is the difference, sir, in the two barricades? Mr. Prieto: In the first instance, we were going to a barricade similar' to something that was being used in the Belle Meade area. Vice Mayor Dawkins: OK. Mr. Prieto: It was a very complicated barricade. In this instance, all we... Vice Mayor Dawkins: Why were we going with that? Mr. Anthony: We never were, sir. Vice Mayor Dawkins: You don't work for me, hold off. You don't work for me. Take it easy. OK, go ahead, sir. Mr. Prieto: That was the original criteria that was led by the County as the only acceptable solution. Since that time, however, and since we got the concurrence from Fire Department that all they needed was really access to emergency vehicles and they accepted the lesser solution, the lesser solution was very, very simple and required many less features than the original. Vice Mayor. Dawkins: Thank you. Thanks, Mr. Mayor. Mayor Suarez: OK, quick statements, please, because we've... Commissioner De Yurre: Well, let me clarify something... Mayor Suarez: ...argued this item. Commissioner De Yurre. Commissioner De Yurre: Mr. Prieto, are you telling me that the Fire Department is in accord with the design? Mr. Prieto: Yes, sir, they have now agreed that they're satisfied with the present design. Now, remember, the original design was to satisfy Fire, Police, the County, the State, and a whole number of agencies. Now, we have been able to receive a much lesser demand on those barricades and, therefore, the design that is presently being presented by the proponents of the barricades has satisfied all the different agencies that we've coordinated. Comanissioner De Yurre: And you have coordinated the Police Department also? Mr. Prieto: Yes, sir, everybody. Commissioner De Yurre: And they're in accord with the design. Mr. Prieto: Everybody seems to be in accord at this stage. Commissioner De Yurre: Seems? They are or they aren't? Mr. Prieto: They are, sir. Yes. Corunissioner De Yurre: Oh, OK. UNIDENTIFIED SPEAKER: Yes, who has the copyright to this ign? Mr. Anthony: We'd like to sell the design. 206 May 24, 1990 11 0 Mayor Suarez: We've find a day with a lot of people speaking out of order. Let's not add to it, ma'am, please. Go ahead, make a statement, if you have one. Ms. Susan Sarota: I have one. My name is Susan Sarota, I live at 880 N.E. 69th Street. I am the president of the Clipper Condominium Association, and I'm speaking tonight on behalf of many concerned residents in the area. Some who are elderly, and are not night drivers, couldn't get down here and were somewhat bothered by the rain, and some were too intimidated by the pro - barricade group to attend the meeting and speak out for themselves. Mayor Suarez: The ole intimidate the opposition trick. Ms. Sarota: Yes. The pro -barricade group has asked you to reduce the bond required by law to 20 percent of the amount both you and they agreed to back in January. They did not submit or post any bond till well after the 120 day deadline that the resolution that was law required. The plans seemed to come in coincidentally at $6,000, which was the money they were able to raise. However, when I talked to people in the neighborhood, they hadn't seen the resolution and they were told they could make voluntary contributions, but not to worry, they'd have the barricades no matter what. Thirty thousand dollar figure was a mystery to many of the homeowners. If the pro -barricade group had been... had raised $500, then my suggestion to you and my statement to you is that you would have had plans submitted for $500. You got plans for barricades that could be built based on the money they were able to raise and $30,000 was never their goal, although they told you and agreed that, that would be the goal back in January. Mr. Anthony: No, no. Your Honor, I totally object to that accusation. Mayor Suarez: Please, please, please! No, I'm going to rule you out of order, David, please, and have you removed. Go ahead, ma'am, complete your statement. Besides, it's not helping your case if you can't, you know, listen to the opposing side... Ms. Sarota: Reasonably. Mayor Suarez: ...courteously and reasonably. Thank you, go ahead. Ms. Sarota: OK. As you know, our area is not a place that you get to anywhere from there. We are not an area that people have to drive through to get any place else. We now learn that the Palm Bay Club, which has over 600 living units, they are using one entrance in and out of the Palm Bay on the curvy part of 69th Street. So, for the desire of some of the people in the single family homes to have streets without traffic, all their traffic is on 69th. I don't know if you know this yet, but the Palm Bay condominium dwellers have been told that a building over 20 stories high with another 350 or 250 car garage, is planned to be built on the property. Mayor Suarez: What does that have to do with the bond? Ms. Sarota: What it has to do with the bond is that the bond is... well, the people in the neighborhood didn't care enough to raise the thirty thousand that they promised, and they didn't raise it. I saw a flyer that said they were raising money for a beautification committee. It might be something else, but I would have assumed that during barricade time, it would have been for barricades. I think that the resolution became law in January and the people who were pro -barricade did not honor the resolution. They didn't even put up the $6,000 as a good faith bond before the deadline. I'm going to give you photographs that have something to do with the bond because you should know that the people who live on 70th Street, which is flooded and Public Works told that to you, they moved those barricades when tiw y need to get out on a rainy day. So, the barricades may be passable to emergency vehicles, they'll also be passable to the people who live on the street where they are when they're inconvenienced. They're also parking their cars outside the barricades because it's one extra mile in and one extra mile out to go home. I urge you, on behalf of many concerned residents at Bayside, to ask the barricade people to live up to the resolution that they were happy to tell you they would live up to back in January. Mr. Anthony: Mayor Suarez, may I speak now? 207 May 24, 1990 Mayor Suarez: No, no, it's not necessary. All right, last statement., sir. I mean, it may not be necessary, David. I don't know. It may be. I'll. get a feeling of the Commission on how they're leaning on this. Mr. Frank H. Mitchell: Frank H. Mitchell. Mayor Suarez: Please, please, please, please. Go ahead, sir. Mr. Mitchell: Frank H. Mitchell, 688 N.E. 69th Street. The barricades have been a thorn .in the flesh of the whole community. It's a very divisive and destructive program. The three streets, 70, 71, and 72 Streets, have been barricaded intermittently, and when it suits anybody, they bypass the barricades. Now, we haven't had a traffic count that I'm aware of and the - Channel 17 had a very good program about barricades and David made a very poor showing on that program. I've got a tape of it and I'll be very happy to provide you with it. The whole program was very much opposed to barricades in general, and I spoke up against the barricades in particular. David has been making a point - he always makes a point of being on the Mayor's task force, and he did make a good case for barricades on that Channel 17 called "Speak Out." Mayor Suarez: All right. Thank you, thanks to all of you on the opposition. Commissioners, do you need to hear anything from the favorable group, the pro group? -or are you ready to vote on this? I mean, otherwise, we'll hear a full presentation from the favorable group. I'm inclined to go with them. Well, if you don't indicate that you're going to vote for them, then they may want to be heard. Commissioner Alonso: I have to ask one more question. Why did the sign was changed that the price change, Dr. Prieto? I'm confused on that point. Mr. Prieto: The price changed because the design changed. And the requirements changed so as the requirements changed to satisfy the different departments, the requirements reduced the necessity of building and, therefore, we accepted something that was a minimal acceptable to all departments. They presented a design, the design was approved, they had some contractors that were willing to build it for $6,000 and, therefore, the department, in the interest of expediting and being supportive of the resolution of the Commission, accepted a lesser figure. To have remained with $30,000 was irrelevant to what .really was going to be built out there. Commissioner Alonso: I see. What do you have to say about this question of the water and the picture and the only way that they can leave the area? Is that, in fact, the case of what's happening? Is that the only way that they can go through to leave the area? Mr. Anthony: Commissioner Alonso, I live on N.E. 70t.h Street, the street in question. At the end of the street, there are two storm sewage grates. Perhaps five times a year the street floods. All I'm going to say is, the whole Miami, City of Miami floods, all the other streets flood. We go down to the end of the street, pull the pine needles off of the grate and the water goes right down. There is no problem. Ms. Sarota: It floods every time it rains. Twelve inches, at least. Mr. Anthony: What's curious - what's very curious is that the president of the Clipper does not need to use 7Oth Street. Why is she addressing this issue? She lives on 69th. Mayor Suarez: That's irrelevant, that's an argument to thp person, not the issue. OK, go ahead and make any other presentations you nc,:d to make. Ms. Sarota: I'm allcwed to go on 70th Street. Mr. Anthony: The only thing I wanted to... Mayor Suarez: Please, please. Ma'am, you're out of order then... now, you're going to be the one that gets removed. Go ahead. Mr. Brett Clark: My name is Brett Clark, and I live on 71st Street, and the issue of the water and all the other issues were already discussed at the —_ first meeting, which actually was the second meeting or, the barricades. The 208 May 24, 1990 issue here is the amount of the bond, not the issue of the barricades. Otherwise, we would have had a whole group }sere and we would have redecided the whole issue again. And it seems like to me where the problem really lies is the way that the resolution was drafted. It should have given more leeway as to the amount because they made an estimate. The estimate was wrong, OK? They said thirty thousand, it wasn't anywhere near thirty thousand. They should have put a little bit more leeway when they drafted the resolution to allow the Public Works Department the discretion to lower it, which they did and I don't think that the Commission should redecide the issue again. Mayor Suarez: All right. Anything further? Commissioners, do you need to hear any more from the favorable side once again? Mr. McVay Christie: I think clarification can be... Mayor Suarez: Give us your name please and address. Mr. Christie: McVay Christie, 700 N.E. 72nd Street. The $30,000 amount had been based upon what had been done in an adjoining community that has a totally different system of barricades, more square footage of concrete being poured, more landscaped involved. The Public Works Department worked on the assumption that our streets would cost approximately the same. It was an inaccurate assumption on their part to begin with. Secondly, when we moved to have accessible streets for emergency access, it changed radically the design. So there was a projected mistake to begin with. The amount of money we raised, by the way, had nothing to do with the amount of money that we requested for the bond. It's absolutely a fallacious argument on the opposition's part. Ms. Sarota: May I speak? Mayor Suarez: All right. Ms. Sarota: I don't have anybody behind me. Can I go again? Mayor Suarez: Wait a minute, ma'am. Wait a minute. Anyone else on the side in favor that would advance any other arguments that haven't been advanced? OK, make one last statement and we'll vote. Ms. Sarota: My last statement is, that not only did the amount of the bond - not only was that honored, but the time amount was not honored and I'd like to say that I'm not too familiar with Coconut Grove, but I think that the people in Coconut Grove got all their approvals, and I understand from Public Works that they had to get rebuilt at the City expense. So, I'd like to say that it's very coincidental to me - or they bad to get repaired - I think the Public Works Department told me they sent a bill to the homeowners association that they don't think they'll ever collect. But I'd like to say that the amount these barricades are costing is directly related to how much money was raised, not how much money the barricades would cost. Mayor Suarez: OK, well., one thing is clear is that we're not going to be spending City funds to maintain barricades. It's bad enough that we have all these debates about them without having to put our money into them. Otherwise, I'm ready to vote on the item. Commissioners, anyone, to move the item? If not., I'll move the reduction to $6,000, right? So moved. Vice Mayor Dawkins: Do you have a second? Is there a second? Is there a second for the third time? The motion dies for the lack of a second. Try another one. Mayor Suarez: My, that's interesting. All right, item... UNIDENTIFIED SPEAKER: Did someone second it? Mayor Suarez: No second. It was not seconded. Sorry. Mr. Anthony: So what does that mean? Mayor Suarez: So it doesn't pass. Mr. Anthony: [Tait a second. 209 May 24, 1990 Mayor suaroz- In the absence of a... Mr. Anthony: They accepted it. Mayor Suarez: It does not pass, Mr. Anthony. Mr. Anthony: They accepted it. In March, they said, we agree to take your $6,000 to cover cost. The only reason no deadline was met because Dr. Prieto said, we will put it on the agenda. It is not our fault that the first available agenda is May 24th. That is illegal. You cannot illegally deny us that when we met all the conditions. Mayor Suarez: All right, I agree with you. No, no, not necessarily as to that but as a policy matter, I'm willing to go with it but you don't have a second right now on this Commission. Mr. Anthony: So what do we have to... Mayor Suarez: Either that or I'm missing something. Mr. Anthony: So what is the status currently? We need some clarification at this point. Mayor Suarez: The status is we cannot implement a plan if the bond is not agreed to by the Commission for the amount that you're proposing, maybe... Mr. Anthony: So, are you telling us that we still have to come up with the $30,000 figure? Mayor Suarez: That's the way it is right now in the absence of any other motion for any other particular amount, sir. Mr. Anthony: And we got an extension and we've got the extension to get the $30,000. Mr. Fernandez: But the 120 days have lapsed. Unless you give additional time for them to come up with the stated amount, then there is nothing happening. Mayor Suarez: What is it... Vice Mayor Dawkins: There's no problem with them coming up with the stated amount and then, if it costs less than that to do the barricades, I don't have a problem with it. But I got a... Mr. Anthony: We could get the $30,000 bond. That hasn't been a problem. Mayor Suarez: Please, sir, you haven't been recognized. Mr. Anthony: I'm sorry. Mayor Suarez: Mr. Vice Mayor, complete your statement. I guess to the extent that he expressed himself on that, and I certainly agree, if you post a $30,000 bond and it costs less than that, you'll have no problem in actually putting them in place. All right? Commissioner De Yurre: Isn't there a time limit as to the temporaries being up? Mr. Prieto: No. 'The temporaries can remain if you want to or they can be removed. Commissioner De Yurre: No, no, what does the resolution say? Mr. Prieto: It says to be taken down after. 120 days. Mr. Anthony: Coconut Grove's remained up for over a year. Commissioner De Yurre: OK, how long has it been? Mr. Prieto: Excuse me, sir... Commissioner De Yurre: How long has it been? 210 May 24, 1990 0 ni Mr. Prieto: Oh, it's been past 120 days at this time, sir. Commissioner De Yurre: OK and per the resolution, if by 120 days the problem hadn't been addressed and resolved, then the instructions are they are to be taken down. Is that correct? Mr. Prieto: Yes, sir. Yes, that's right. Commissioner De Yurre: OK, then. Mr. Prieto: Fine, we'll do that. Vice Mayor. Dawkins: But - I mean, I'm with Commissioner De Yurre, but .in fairness to them, if they were told that the $6,000 was all they needed, then we got to give them time to see if they'll. come up with the $30,000. I mean, we got to be fair. Mr. Prieto: Yes, sir. Commissioner De Yurre: How much time are we talking about? -an extra 30 days? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Prieto: Thirty days seems reasonable. Commissioner De Yurre: Thirty days? Commissioner Alonso: Thirty days? Commissioner De Yurre: You know, if it's going to happen, it's going to happen quickly. Mr. Anthony: Can I add. We met in the early part of March with Public Works and they said everything was OK. We would like the 45 days from the day we met with them to the May 7th deadline date. We were assured 45 days ago, from May 7th, that everything was OK and we took the word of the director, we still take his word. Commissioner De Yurre: So you want 45 days? Commissioner Alonso: Forty-five days? Mr. Anthony: Yes. Commissioner De Yurre: If, in 45 days, they haven't come up with the requirements that have been set by this Commission, then automatically the barricades go down. Is that fair enough? Mr. Anthony: But we still have time then to raise the $30,000 and put up the permanents, correct, Miller? Commissioner De Yurre: Forty-five days. Forty-five days. Mr. Anthony: But after the 45 days... Mayor Suarez: Yes, I'm sure they can buy it, but they're going to have to put up collateral. Mr. Anthony: we still can come up with the monies because the permanent barricades have been approved. Commissioner De Yurre: No, no, the 45 days is it... Mr. Anthony: It's for the bond. Commissioner De Yurre: ...then you're going to have to come back... no, no, but that's part of this resolution. Mayor Suarez: All right, we're not engaging in debate back and forth. Commissioner De Yurre, finish your statement. 211 May 24, 1990 Commissioner De Yurre: I'll make a motion to grant another. 45 day extension for them to come up with the money that is needed and to meet the requirements that were set by this Commission previously. If, in the 45 days they haven't come up with and met the requirements, then the barricades go down and it goes back as if nothing had happened. And if they ever want to go with barricades again, they would have to come back before this Commission and try to get three votes again to put them in. Ms. Sarota: Can the temporaries come down now? UNIDENTIFIED SPEAKERS: No. Commissioner De Yurre: Well, we're going to give them 45 days and that's it. If they don't do it in 45 days, then everything goes down and that's it. Mr. Anthony: Would it be possible to make a suggested motion to the Commission? Commissioner De Yurre: You're getting away with a lot right now. UNIDENTIFIED SPEAKER: So are you. UNIDENTIFIED SPEAKER: Really. Mr. Anthony: OK, but the question is, that the other communities that have had barricades put up, they didn't pay for it themselves. Like the person said over there, in Coconut Grove the City Commission ended up paying it. Commissioner De Yurre: And I didn't vote for that. Mr. Anthony: We're paying for it ourselves and we agreed to, but now we're asked to bear an onerous burden of $30,000 when it's only $6,000 to pay for it. And we agreed to pay for whatever it costs, but we're being asked to go beyond that and post a bond that is more than the $6,000. Ms. Sarota: Sure they did. They agreed to post $30,000. Vice Mayor Dawkins: Hey, you're out of order, madam. Ms. Sarota: OK, I'm sorry. Vice Mayor Dawkins: You're out of order. Mayor Suarez: Wait, wait... Commissioner De Yurre: OK... Mr. Anthony: I would suggest that you all allow $6,000 in lieu of the bond and if it goes over that, then make the residents pay for the overage. Mayor Suarez: We did not get a second on the reduction of the bond. Commissioner De Yurre: I've made a motion and that's it. Mayor Suarez: Conunissi.oner De Yurre, what's your motion? Commissioner De Yurre: My motion again is an extension of 45 days. If they haven't met the requirements that were set by this Commission by resolution previously by the 45th day, then the barricades, the temporaries, go down and we go back to square one. If they ever want to put them up again, they have to come and make a presentation again before this Commission to get three votes. Mayor Suarez: So moved. Vice Mayor Dawkins: Second and under discussion. In the... I mean, are we saying that when they come up with the $30,000, whatever it takes to construct the barricades, they get it back? Commissioner De Yurre: What's that now? 212 May 24, 1990 Commissioner Alonso: This is just, a bond, sn't it? It's a guarantee that they are going to pay for the job, right? Commissioner De Yurre: Well, what's that, Miller? Commissioner Alonso: That's all it means. Mr. Anthony: Yes, but we have... Vice Mayor Dawkins: Yes, right and so they get... OK, no problem. All right, all right, I'm ready to vote. Mr. Anthony: We have to post assets that covers the amount of the bond, and also there has to be a performance agreement, and the way the resolution reads, we can't even meet that because the resolution says, "maintenance of the barricades." And the bond can never be satisfied because maintenance continues in perpetuity. So, that's another legal defect in the way the resolution was worded. So, the motion as presented would require us also to meet that condition which is virtually impossible to do it because we can't get a person to bond a thing that can never be finished. They'll never satisfy the bond. Commissioner Alonso: Yes, but the maintenance of that, that's acceptable that it's paid by the people of that neighborhood. Mr. Anthony: Yes, but the bond says that under the resolution, the bond, the person who is giving the bond, is guaranteeing that there will be performance and the performance is that there will be maintenance. And the maintenance lasts forever. So, therefore, the bond can never be satisfied, and you can ask the City Attorney and he'll agree with that. That's another defect in the way the resolution was worded. So, in a technical, legal sense, the motion, as presented by Commissioner De Yurre, would make it impossible to satisfy the conditions of the resolution. Commiss:loner Alonso: Well, in order to be fair, let's see, can we look at this point, this legal point, and if, in fact, there is something that we can correct, we can look into that and bring this item back in reference to this that they are addressing? Mr. Anthony: No. Mayor Suarez: Well, what makes sense? The same question that the Commissioner has, what makes sense for us to do in view of the fact that we want to hold them to their prior requirement, I think the consensus is, and we want to allow them another 45 days to comply with it. Or does that not make any sense? Because we either require the $30,000 or we don't, but it doesn't make any sense to give them additional days. I don't under... Mr. Prieto: It does make sense to give the 45 days simply for the construction of the barricades. The whole maintenance issue should be avoided altogether. The City should maintain it and it's simply the Commission must know that it's voting to not only to permit the barricades but maintaining barricades in perpetuity. Mayor Suarez: Well, in perpetuity, or until we decide to eliminate them. Mr. Prieto: Yes, sir, of course. Mr. Anthony: If I may, Mr. Mayor, then the resolution would have to be changed to reflect that, and the other problem with it is that the contractor is supposed to be the obligor on the bond and the ways it's written there's an ambiguity, we are the obligors, we're not contractors. Mr. Fernandez: If the City Commission accepts the rocoRunendation of the administration, which is only to look at the construction, then, in fact., you should remove from the requirement of the bond, the issue of Maintenance. Mayor Suarez: OK, do you build that into your motion? Commissioner De Yurre: 1 do. 213 May 24, 1990 r] U Mayor Suarez: So moved. So modi.f.led in the motion. Does the sacond accept that.? Vice Mayor Dawkins? OK. So modified. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO, 90-396 A RESOLUTION MAKING FINDINGS, AND DIRECTING THE EXTENSION OF THE PERIOD DURING WHICH A BOND FOR THE MONIES NEEDED FOR THE INSTALLATION OF BARRICADES AT NORTHEAST 70TH STREET, NORTHEAST 71ST STREET AND NORTHEAST 72ND STREET AT THE ZONING DISTRICT BOUNDARY LINE LOCATED AT THE EASTERLY SIDE OF BISCAYNE BOULEVARD IN THE CITY OF MIAMI FOR A PERIOD OF FORTY- FIVE (45) DAYS FROM THE DATE OF THIS RESOLUTION; AND DIRECTING THE ELIMINATION OF THE REQUIREMENT THAT SAID BOND GUARANTEE THE MAINTENANCE OF THE AFOREMENTIONED BARRICADES. (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 Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ------------------------------------------------------------------------------- 52. SCHEDULE TOWN HALL 14EETING AT AMERICAN LEGION PARK ON JUNE 25, 1990, AT 7:00 P.M. TO DISCUSS ISSUES OF IMPORT IN THE COMMUNITY. ------------------------------------------------------------------------------- Mayor Suarez: And I think we have one more item of discussion before planning and zoning. Commissioner De Yurre: Mr. Mayor, we have the scheduling of a Townhall meeting... Mayor Suarez: Right. When are you proposing for that? Please, we need order in the chambers. Please, ma'am. Commissioner De Yurre: We're looking at Monday, the 25th of June. Mayor Suarez: The 25th of June, a Monday, to be held at... Commissioner De Yurre: At Legion Park. Mayor Suarez: Legion Park. What time? Commissioner De Yurre: Seven o'clock. Mayor Suarez: Seven o'clock. I'll entertain that in the form of a motion. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Bob Clark. Bob Clark, Esq.: We approved that notice to be distributed? Mr. Jorge Fernandez: We distributed to you a notice to advertise this public hearing at Legion Park and basically you have... this will not be a regular 214 May 24, 1990 . .r City Commission meeting. Pisi_cally, the notice says that inviting the neighbors to come out and to discuss with you issues that they are concerned with and they could hear you deliberate on ':hem, but you will not be making any formal ... Commissioner De Yurre: Just like... Mr. Fernandez: ...will not be taking formal actions. Commissioner De Yurre: Just like the Coconut Grove Townhall meetings that we - had. Mr. Fernandez: Correct. Exactly. Commissioner De Yurre: Show time. Mr. Fernandez: So, that's in essence what the notice says... Commissioner De Yurre: That's fine. Mr. Fernandez: ...so if you agree with that, then it would be proper for you to vote on that now. Commissioner De Yurre: That's fine. UNIDENTIFIED SPEAKER: Commissioner De Yurre, could we make that 7:30 instead of 7:00? Commissioner De Yurre: Well, it's Cuban time. You know, don't worry about it. OK? UNIDENTIFIED SPEAKER: OK. Vice Mayor Dawkins: What do you need, Annette? Ms. Eisenberg: We want the in -kind services Vice Mayor Dawkins: Like what? Ms. Eisenberg: Oh, microphones... Vice Mayor Dawkins: Oh, yes. Commissioner Alonso: Oh, yes, you'll have it. Mayor Suarez: Please, Annette, grab the micro... talking about microphones, why don't you grab it? So we get you on the record so we don't have like, you know, this... Ms. Eisenberg: My name is Annette Eisenberg, 1180... Mayor Suarez: —transcription which says, Annette Eisenberg was yelling things but nobody knew what she was saying. Ms. Eisenberg: Who's talking? -me or you? Commissioner De Yurre: Well, Annette doesn't need a microphone. Ms. Eisenberg: Who's talking... Mayor Suarez: All right, let's try you on the mike. Go ahead. Ms. Eisenberg: Annette Eisenberg, 1180 N.E. 86th Street. As I didn't hear what Elena said, but I know that she is representing the umbrella group and we will be very happy to handle the Townhall meeting. We would expect all 'the Commissioners and the staff to be there. We would like the in -kind services which I'm sure will be forthcoming in the City park. Also, some kind of input from the Commissioners as to the subjects they want to cover and the kind of orderly process we can have for you that night. _! Conmiissioner De Yurre: You'll provide the cookies and the soft drinks and all that. 215 May 24, 1990 Ms. Eisenberg: Of course. For this wonderful Commission, i.t'11 be _ extravagant. refreshments. Thank you. - Mayor Suarez: All right. e - Vice Mayor Dawkins: Mr.. Mayor, I have an emergency ordinance... Commissioner De Yurre: Well, let's vote on this first. Mr. Fernandez: Yes, you have to vote on this. i _ Mayor Suarez: Call the roll on the item. Has it been moved and seconded, - Madam City Clerk? Commissioner De Yurre: Go ahead, call the roll. - Ms. Hirai: Yes, sir. Mayor Suarez: Call the roll. -� The following resolution was introduced by Commissioner De Yurre, who - moved its adoption: _ RESOLUTION NO. 90-397 A RESOLUTION APPROVING ON INFORMAL TOWN HALL MEETING TO BE HELD IN THE AUDITORIUM OF THE LEGION PARK BUILDING IN THE AMERICAN LEGION MEMORIAL PARK, LOCATED = AT 6447 NORTHEAST 7 AVENUE, MIAMI, FLORIDA, ON JUNE - 25, 1990, BEGINNING AT 7:00 P.M. -_ - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) = Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 53. EMERGENCY ORDINANCE: AMEND 10451 WHICH ESTABLISHED RESOURCES AND APPROPRIATIONS FOR THE MIAMI POLICE CRACK COCAINE FUND - INCREASE AMOUNT BY $389,628 AS A RESULT OF A SECOND GRANT BY BUREAU OF JUSTICE ASSISTANCE AND FROM PROCEEDS OF SEIZED PROPERTY. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: I've got an emergency here that the Police Department wanted us to do and it says: THEREUPON, THE VICE MAYOR DAWKINS READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE. ONLY. Vice Mayor Dawkins: I so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. 216 May 24, 1990 0- 11 s, AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10451, AS AMENDED, ADOPTED ON JULY 14, 1988, ESTABLISHING RESOURCES AND APPROPRIATIONS FOR THE "MIAMI POLICE CRACK COCAINE" FUND, INCREASING THE AMOUNT BY $350,000 AS A RESULT OF A SECOND GRANT BY THE BUREAU OF JUSTICE ASSISTANCE, AND BY $39,628 FROM THE PROCEEDS OF SEIZED PROPERTY, FOR A TOTAL OF $389,628; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Alonso, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayer Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10740. 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. Lt. Joseph Longueira: Thank you very rauch, Commissioner. Mayor Suarez: What items do we have on the personal appearances, any? Discussion items, any? Mr. Herb Bailey: Mr. Mayor... Lt. Joseph Longueira: We need a second. Mayor Suarez: Yes, Herb. Mr. Bailey: ...we have item 44 that's next. Lt. Longueira: We need a second. We need a second reading. Mayor Suarez: Item 44. Mr. Fernandez: You need a second vote, two votes. Mayor Suarez: Would the... Ms. Hirai: On what? Mr. Fernandez: Because this is an emergency ordinance. Mayor Suarez: The City Manager... Ms. Hirai: I didn't have it before. L 217 May 24, 1990 Mayor Suarez: City Attorney... Ms. Hirai: All right, second... Mayor Suarez: City Clerk and any other staff that is using the microphone, please get their act together and have one at a time give us an idea of what we have to do procedurally here. All right. Ms. Hirai: Mr. Mayor. Mayor Suarez: Yes, Madam City Clerk. Ms. Hirai: It was an emergency ordinance in fact. May I please call the roll. the second time? THEREUPON THE CITY CLERK PROCEEDS TO CALL THE ROLL FOR THE SECOND TIME ON THE ABOVE. EMERGENCY ORDINANCE. 54. AUTHORIZE AGREEMENT WITH ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR PROVISION OF A GRANT, IF APPROVED, FROM THE CITY'S MINI-UDAG-LOAN PROGRAM - TO PROVIDE FUNDING ASSISTANCE IN THE ACQUISITION OF PROPERTY (3721-35 N.W. 17 AVENUE) FOR DEVELOPMENT OF A SMALL STRIP SHOPPING CENTER, WITH CONDITIONS. Mayor Suarez: OK, item 44. What's the report on this recommendation from City Manager and staff? Mr. Frank Castaneda: Commissioners, you have requested us to appraise the property at 3721-35 N.W. 17th Avenue. It has been appraised by two appraisers, the review appraisal and the review appraisals come up with a price of $130,000 for that property. This property needs acquire with Community Development funds, we're going to have to pay relocation benefits to the commercial tenants in the place. We don't have any idea at this time how much that would be, but it would probably range somewhere between one thousand to twenty thousand dollars per business and there are four tenants. This is an item that you requested us to appraise. There are no market studies on the property, no feasibility analysis and so forth. If you want us to acquire this property, we would suggest to give this money - to give actually the money to ABDA as a grant to acquire the property and give them a period of about two years to develop it. If they're unable to develop within that time, the property would revert back to the City of Miami. Mayor Suarez: OK, counselor, is that agreeable? Tim Blake, Esq.: My name is Tim Blake, offices at 66 W. Flagler Street. Your Honor, in concept, we're talking about the purchase of my client's property for a fair and reasonable amount. There are not two appraisals and a third review. There are, in essence, three appraisals. One at two hundred and fourteen, one at one seventy-nine, and one at one thirty-two five. I've reviewed all three of them. I'm prepared to make my argument to you criticizing some of them, commenting on others, combining them, distinguish them. That, obviously, would take time. Knowing the hour and under the circumstances here, I think it would be - and they have these reports. These are the originals. We've studied these. They have these. This is three different opinions from three different qualified people, all of which recognize each other's comparables. And, in fact, the one who did the review said, both reports were considered well written and thought out and are entirely defensible. So, what we have are three different opinions. In the effort of compromise and settlement, we would agree to accept the middle appraisal of $179,000 for the property. The moving amounts are not going to near approach $20,000 per tenant. These are very small, thousand zquare foot businesses. I would think you're looking at the range of about $5,000 a business and I could go on, but I think you understand the gist of my comments, your Honor. Mayor Suarez: What's the recommendation? 218 May 24, 1990 Aak Mr. Frank Castaneda: The recommendation of the re%,i.ew appraisers to pay $130,000 for the property, if the Commission wants... Mayor Suarez: A hundred and... Mr. Castaneda: ...thirty thousand dollars. Mr. Jorge Fernandez: That is to offer and purchase. Mr. Castaneda: To offer. Mr. Blake: If I could comment on the basis of that third opinion, which is corrunenting on two and then giving his own with his own comparables. He compares to listings, not even sales. But, when referring to one of the listings, he refers to a piece of property that is so small and compared to the 29,000 square feet that my client has, it's not even a comparable. All of his comparables deal with no property greater than. 10,000 square feet. He is not compared apples to apples, but orange to apples and what we have here is one of the appraisers realizing there is excess land and there should be an increment of value for that. And one appraiser places $62,000 on that. As we all know, there are three different ways to appraise a piece of property. There's the cost approach, the sales approach, and the income approach. And we have... Mayor Suarez: Are all those contemplated in the law for any kind of taking or... you say there's three different kinds in theory or three different kinds in law... Mr. Blake: Three different approaches and each... Mayor Suarez: ...if this was a condemnation. Mr. Blake: In condemnation, this is the three theories you'd go under and each of them have worked their three theories and each have come out with a different opinion. And each have selected little different comparables. Some of the closer comparables to my client's property are small parcels, four and five thousand square feet. To go to get something in the neighborhood of twenty-five to thirty-five thousand square feet, like my client's property, twenty-nine, you have to go a little farther out. So, an argument can be made against the reviewers approach. An argument can be made for the high appraisal, appraiser by the name of Rolle ended up with $214,000 because he took into account the income potential and the highest and best use of the property. I feel that any of these appraisers are entitled to their opinion. The ultimate decision, of course, is with yours, but my client, in the interest of compromise, would accept the middle figure of $179,000. Mayor Suarez: All right, Commissioners, what do you want to do on this? Is it CDBG funds that are being used? Mr. Fernandez: Yes. Also you should keep in mind that besides the purchase price, you're looking at the expense of relocation which there is no way of determining right now. So the total cost of acquiring this land could be considerably more. There is no way of predicting. Mr. Blake: The only comment I'd have there, these are four small businesses about 1,000 square feet per business and there's no way in the world that those numbers are going to be very large and they're going to be in the same area, the Allapattah business community, so, you know, allowing for reasonable expenses, I'd say four to five thousand. Vice Mayor Dawkins: I move the hundred and seventy-nine figure. Mayor Suarez: All right, so moved. I'll second. Vice Mayor Dawkins: You second. Mayor Suarez: All right. Moved and seconded. please call the roll. Any discussion? If not, 219 May 24, 1990 Th- followini resolution was Do introduced by Commissioner awkins, wh moved it' adoption: RESOLUTION NO. 90-398 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR THE PROVISION OF $179,000 IN THE FORM OF A GRANT, IF FEDERALLY APPROVED, FROM THE CITY'S MINI-UDAG-LOAN POOL FUND OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE IN THE ACQUISITION OF PROPERTY LOCATED AT 3721-3735 NORTHWEST 17 AVENUE FOR THE PROPOSED DEVELOPMENT OF A SMALL STRIP SHOPPING CENTER, SUBJECT TO THE CONDITION THAT IF CONSTRUCTION OF THE PROPOSED SHOPPING CENTER IS NOT UNDERWAY AFTER TWO YEARS AND COMPLETED AFTER THREE FROM DATE OF ACQUISITION, TITLE TO SAID PROPERTY SHALL VEST IN THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. COMMENTS MADE DURING ROLI, CALL: Mayor Suarez: Before I vote, I see a cry of anguish from the City Attorney and the City Manager. We got a legal problem with this? Mr. Fernandez: Yes, if you were to pass this resolution, I would suggest that you would make it subject and conditioned to approval from the funding source. We would need to contact HUD... Mayor Suarez: All right. Mr. Fernandez: ...to make sure that HUD would be in concurrence with this rationale. Mayor Suarez: All right, let's go back to the motion and a second. Does the movant accept that? Vice Mayor Dawkins: So move. Yes. Mayor Suarez: And the second, yes. All right, continue the roll call then. That's just me left. AT THIS POINT, THE CITY CLERK CALLED THE ROLL AGAIN TO CONFIRM THE ABOVE MODIFICATIO14 TO R-90-398 ABOVE. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE REGULAR AGENDA ITEMS TO CONSIDER PLANNING AND ZONING AGENDA ITEMS. 220 May 24, 1990 55. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP BY CHANGING LAND USE DESIGNATION OF PROPERTIES GENERALLY FRONTING ON OR WITHIN 150 FEET OF THE WEST RIGHT-OF-WAY LINE OF N.W. 36 COURT BETWEEN W. FLAGLER STREET AND N.W. 7 STREET FROM DUPLEX RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL (Applicant: Planning Department.) ------------------------------------------------------------------------------- Mayor Suarez: Is the applicant on PZ-19 here? Commissioner De Yurre: No, no, it's the City. Mayor Suarez: The City. Commissioner Alonso: It's the City and we can resolve that in just a second. Mayor. Suarez: This is the one we've got tons and tons of correspondence on? Mr. Olmedillo: We were instructed by you to bring it back to the Commission with a recommendation. It went to the PAB recommendations to change the westerly side of 36th Court to a multifamily medium density and the Planning Advisory Board recommended to you denial. We are recommending approval and the neighbors are here to be heard by this... Mayor Suarez: And I think every... Commissioner Alonso: Can I make a motion that we.... Commissioner De Yurre: Well, before you - are you going to make a motion on that item? Commissioner Alonso: Yes, PZ-19. Commissioner De Yurre: Well, I have a problem with that and, just for the record, my wife owns the duplex on the corner of 36th Court and 3rd Street which is right in the affected area and I just want to make... can I vote on this item or not? Mr. Fernandez: No, you cannot, sir. You would be conflicted out. Commissioner Alonso: Let me put for the record, I awn property in Third... Well, let me ask a question. I own property in Third Street and 35 Avenue. It's not 36th Court. Can I vote on this item? Mr. Fernandez: Will your property be within the area comprehended by this change? Will your property be affected by it? Vice Mayor Dawkins: Yes. Commissioner Alonso: 3531 - no? Mr. Fernandez: No. So long as you're not personally, in any way, impacted by personally by your own vote, then you may vote. Commissioner Alonso: It will not change anything in my property, but I want to be sure, for the record. And we don't have the votes. Mr. Ol.medillo: Not only is your property not included, as you've stated, but it's also outside of the 375 radius. Mr. Fernandez: Right, so there would be no problem with you voting. Mayor Suarez: All right, I'll entertain a motion if it's proper then, on the item so that we can resolve it. Commissioner Alonso: That we maintain the area as it is now. It is the desire of the neighbors, so I move that we maintain the area as duplex as it is now. 221 May 24, 1990 Mayor S1_:ara7,: So moved. (Applause) Vice Mayor Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. No one wishes to be heard against that motion? Thank you. Call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-399 A MOTION DENYING PROPOSED FIRST READING ORDINANCE PLAN 1989-2000, FUTURE LAND USE MAY, BY CHANGING THE LAND USE DESIGNATION OF PROPERTIES GENERALLY FRONTING ON OR WITHIN 150 FEET OF THE WEST RIGHT-OF-WAY LINE OF N.W. 36 COURT BETWEEN WEST FLAGLER STREET AND N.W. 7 STREET FROM DUPLEX RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL. (Applicant: Planning Department.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSTENTIONS: Commissioner Victor De Yurre ABSENT: Commissioner J. L. Plummer, Jr. COMMENTS MADE DURING ROLL CALL: Mr. Fernandez: Excuse me, are we on 19? Commissioner Alonso: Yes. Mayor Suarez: Yes. Mr. Fernandez: Then, the ordinance has to be read. Mayor Suarez: No, not if we're turning it down. Mr. Fernandez: Oh, you're turning it down, OK. Mayor Suarez: Thank you. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: All right, go away, sin no more. Commissioner Alonso: We sold. ■ 222 May 24, 1990 56. DENY PROPOSED FIRST READING ORDINANCE TO AMEND 11000 - ATLAS CHANGE OF PROPERTIES GENERALLY FRONTING ON OR WITHIN 150 FEET OF THE WEST RIGHT- OF-WAY LINE OF N.W. 36 COURT BETWEEN W. FLAGLER STREET AND N.W. 7 STREET FROM R-2 TO R•3 (Applicant: Planning Department.) Mr. Fernandez: Is that also then goes for 20? -the companion item. Mayor. Suarez: Do we need to act on PZ-20 at all? Mr. Fernandez: Yes, if you're turning that down, you need to vote on that too. Mayor Suarez: I need a motion to deny the application at 20. Commissioner Alonso: Yes, I move. Mayor Suarez: Moved by Commissioner Alonso, seconded by Vice Mayor Dawkins. Call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-400 A MOTION TO DE14Y PROPOSED FIRST READING ORDINANCE FOR _ ZONING ATLAS CHANGE (FROM R-2 TO R-3) FOR PROPERTIES WITHIN 150 FEET OF THE WEST RIGHT-OF-WAY LINE OF N.W. 36 COURT, BETWEEN WEST FLAGLER STREET AND N.W. 7 STREET. (Applicant: Planning Department). Upon being seconded by Commissioner Dawkins, the motion was passed and - adopted by the following vote: AYES: Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSTENTIONS: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: Bye-bye. (Applause) ---------------------------------------------------------------------- 57. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP BY CHANGING LAND USE DESIGNATION AT 2155-2157 S.W. 5 STREET FROM RESIDENTIAL MEDIUM DENSITY MULTIFAMILY TO RESTRICTED COMMERCIAL (Applicant: Soler Motors). Mayor Suarez: PZ-1. Glad somebody's happy tonight. Commissioner Alonso: Yes, indeed. Mr. Guillermo Olmedillo: PZ-1, 2, and 3 are related items, Mr. Mayor, Commissioners. PZ-1 is the plan amendment, PZ-2 is the zoning amendment to 9500... Mayor Suarez: Very well organ... let me just say you're very well organized neighborhood. I've never gotten so many letters, I don't think. Wow! UNIDENTIFIED SPEAKER: 'Thank you, thank you. 223 May 24, 1990 Lj (Applause) Mayor Suarez: PZ... Commissioner Alonso: So, remember if you are organized, you can win. Mayor Suarez: PZ-1. Mr. Olmedillo: One is the plan amendment, two is the amendment to 9500, the zoning atlas, and three is the amendment to 11000. We have to take concurrently, 11,000 and 9500 when properties are affected. The request is for 2155 S.W.... Vice Mayor Dawkins: Tell Commissioner De Yurre he can vote on this one, come on back. Mr. Olmedillo: ...Fifth Street. The Planning Department has recommended denial. The Planning Advisory Board recommended approval on an eight to one basis. The Zoning Board, on the corresponding zoning amendment recommended denial in a nine to zero basis. So what you have is a denial from the Planning Department, denial from the Planning Advisory Board, and an approval from the Zoning Board, as a recommendation. The other way around, the PAB recommended approval. Vice Mayor Dawkins: And it says 8:30? I didn't think we were going to get to it. Mayor Suarez: Anyone wish to be heard against this application? Let the record reflect, no one stepped forward. Mr. Olmedillo: Mr. Mayor, some people back here. Mayor Suarez: Oh, I'm sorry. All right. Oh, now we have again - Officer, somebody please Dr. Prieto, I can't.... please, everybody outside the chambers back there. That is a continuation of the chambers. We cannot function this way. Now, who do we hear from? The applicant first? It's their appeal, right? Mr. Olmedillo: It's their application. The applicant is on that side. Mayor Suarez: Right. All right, let's hear from him. I'm sorry, everyone who is going to be heard, please be sworn in, including those that are against. All of you please stand up and raise your right hand if you intend to speak on this item, against or in favor, or whichever. Madam City Clerk. AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: Proceed, the applicant. Name and address, please. UNIDENTIFIED SPEAKER: Mayor Suarez: He's going to translate for you? Or are you going to do the presentation? Mr. Jose Martinez: I'll do the presentation. Mayor Suarez: All right. And you might as well identify him and put on the record what his interest is and so or.. Mr. Martinez: My name is Jose Martinez, I'm a professional engineer. I live at 14831 S.W. 149th Street and I'm registered as a lobbyist with the City of Miami. Dear Mayor and Commissioners, we are applying for the change of the comprehensive neighborhood plan and the zoning atlas change. On this piece of property, in 2155 and 2157 S.W. 5th Street, the reasons we're applying for this is some... we are also to... the owners of the property along 22nd Avenue between 5th Street and 4th Street. We, since the de,, opment of 22nd Avenue, when they widen it, it was by the Metro -Dade County partment, they created some problems. The first problem they created is thui by putting the median in all along our property, they don't provide access to us. And second is, that. by cutting 15 feet from our property, they create also problem to park the trucks... 224 May 24, 1990 Mayor Suarez: I'm sorry, I've just been informed that we have a little bit of a quorum problem. Do we have any Commissioner that's going to come back in the chambers7 Maybe we just have a temporary recess here. All right, we're recessed for a couple of minutes. Let me not have you continue your presentation. Joel Maxwell, Esq.: All you can do, sir. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 8:33 P.M. AND RECONVENED AT 8:36 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER PLUMMER. Mayor Suarez: ...assemble, whatever the correct term is. Mr. Martinez: OK, as I was telling the... our property runs against, along 22nd Avenue between 4th Street and 5th Street and the piece of property that we're going for a hearing is a duplex that is behind the property, the one marked in yellow. As I was explaining before, about five years ago when the Department of Public Works for Metro -Dade County widened 22nd Avenue, they put a median across our - in front of our property. And they also took 15 feet from our property. That created a problem. Our situation to park the trucks in front of our property and also, it creates a real bad problem for the trucks to turn around and go into our shopping center. The reason we are coming here is to... and asking for the zoning change is to allow us to park the trucks in back which would not create a traff is problem and eliminate a hazard that we already have now. And the other thing that we want... Mayor Suarez: You say, to eliminate the what? Mr. Martinez: The hazard of the trucks coming... Mayor Suarez: The hazard. Oh, I thought you were saying, eliminate the hassle. Mr. Martinez: Nope. Mayor Suarez: We've got the hassle. You ,just... all right, anything - I'm sorry, I didn't mean to interrupt you. Mr. Martinez: No, that's basically what we're... Mayor Suarez: OK, Guillermo, you've stated the staff position and the Planning Board... Mr. Olmedillo: It's a denial from the staff position. The Planning Board recommended approval to you. The Zoning Board recommended denial. Mayor Suarez: That's interesting. Mr. Olmedillo: The fact is that the zoning line, the demarcation line, goes along the alley that is right behind the property that faces 22nd Avenue. Jumping that line which is already established and is a very hard line will begin to erode into the neighborhood, which is a very stable residential neighborhood. And that's why we're recommending denial. Mayor Suarez: OK, give me the streets and avenues again. Mr. Olmedillo: The property is between the one that faces 22nd Avenue, is between 4th and 5th Street. On the 5th Street side and the rear... Mayor Suarez: Give the complete description, 5th Street. What? Mr. Olmedillo: Southwest, excuse rile. Mayor Suarez: Thank you. OK, I'in trying to think to myself what that is, 01<. Mr. Olmedillo: And the property right behind it, one house, which is right behind it, it's being proposed for the change by the applicant. That is the particular piece of property which is the house.. I -Jay 24, i990 Mayor Suarez: And that's a stable residential community, you were saying, right? Mr. Olmedillo: It is a very stable residential community, yes. Mayor Suarez: There's no commercial behind that first layer, that first set of lots at all anywhere? Mr. Olmedillo: That's right, the only thing that we saw... Mayor Suarez: Are on 22nd Avenue between S.W. 8th and Flegler? Mr. Olmedillo: The only thing that we saw was a dumpster that I think it belongs to the same people that are the applicants tonight before you. Mayor Suarez: OK. The opponents. If you're organized into one voice, so much the better. Commissioner Alonso: Mr. Olmedillo, the Planning Department recommended... Mr. Olmedillo: Denial. Commissioner Alonso: The Planning Department? Mr. Olmedillo: Right, the Planning Advisory Board recommended approval to you. The Planning Department recommended denial and the Zoning Board recommended approval -- I mean, denial, excuse me. Denial also, the Zoning Board. Mayor Suarez: Why does the agenda read, approval on a Planning Department? On PZ-1 and PZ-2? Mr. Olmedillo: The Planning Department recommends denial on PZ-1 as you see the... Commissioner Alonso: OK, fine, fine, fine. Mayor Suarez: I'm sorry , we had the wrong one here. Commissioner Alonso: Fine, we got... Mayor Suarez: All right, we're OK. Commissioner Alonso: ...denial and approval. Mayor Suarez: All right. Commissioner Alonso: No, no. Let me get this straight. The Planning Advisory Board recommends approval. Mr. Olmedillo: That is correct. That is the plan amendment. Commissioner Alonso: OK. Mr. Olmedillo: And the Planning Department recommends denial on both plan amendment and zoning change. Mayor Suarez: All right. Mr. Olmedillo: And the Zoning Board, which is the one that recommends to you on the zoning issue, recommends denial. Mayor Suarez: And you said the vote was? Mr. Olmedillo: Nine, zero on the Zoning Board. Mayor Suarez: All right, go ahead. Give us name and address, sir. Mr. Jose Maltcnar;o: tly name, .Jose Ilaltonano. My address is 2153 S.W. Sth Street, I'm... 226 May 2', 1990 Mr. Olmedillo: Mr. Mayor, he needs a translator. So, I don't know if you're going to do the honors or... Mayor Suarez: Is that what you're doing grabbing that mike? Mr. Olmedillo: If you do the honors, I'll be glad to. Mayor Suarez: No, no, no, go ahead, Guillermo. It's been a long day. Mr. Olmedill.o: Speak slowly. Mr. Maltonano (TRANSLATED BY MR. OLMEDILLO): I've been living there for four years. It's been a quiet area. Now they want to change that to a commercial area. This is not good for us because we have children and they have to put parking, place parking, on that particular piece of property, and I'm having problems. At the present time, there's a duplex on that particular address. I had problems with the dumpster. Now, the trash is in front of the buildings on the street and that gives a bad image to the area. I have collected 50 signatures from people who live in the area. And these are people who have been living there for 18 and 20 years. And they don't want any more commercial or retail encroaching into that area. It's beginning to bring strangers and things are happening there that did riot happen before. That's all I have to say. There were more people here but they had to leave the meeting said at 3:00 p.m. and they had to leave. But he has the papers there to show that some people were here. Mr. Maltonano: OK, Gracias. Mayor Suarez: Those are introduced into the record. One last statement. UNIDENTIFIED SPEAKER (TRANSLATED BY MR. OLMEDILLO): I live at 2149 and 2151 S.W. 5th Street. And I am opposed to the change. Commissioner De Yurre: Gracias. UNIDENTIFIED SPEAKER (TRANSLATED BY MR. OLMEDILLO): And I want it to be residential and not commercial. I don't want the commercial. Mayor Suarez: OK. Thank you. Gracias. All right, ma'am, last statement. Ms. Ofelia Maltonado: My name is Ofel.ia Maltonado, my address is 2153 S.W. 5th Street. OK... Commissioner De Yurre: Hey, you're allowed to speak in English here, you know. Mr. Olmedillo: She can speak better than I can. Ms. Maltonado: I'm sorry. Mayor Suarez: You're doing pretty well in English. Ms. Maltonado (TRANSLATED BY MR. OLMEDILLO): I'm opposed to have this a commercial zone, because I have three children. At 5:00 a.m. they are opening the bakery with trucks going in and out because they have done a parking area which is not supposed to be a parking area. Now that they have a grocery store, there are strange people coming in. And I also have a problem that I have three little girls and they go riding in a bicycle and then the cars are coming in and out. Another problem is the trash. Now they have placed the dumpster in front where there are flies and bad odors and this is not hygienic. Thank you. Mayor Suarez: OK, thank you for your statement. Anything further from the applicant rebuttal? Mr. Martinez: Yes, first of all, the property to the north goes further back than ours and the property to the south already has a parking lot behind it, which is this one over here. What we are asking for is basically for the parking lot which is the same thing that these people have over there south of our property, if: you extend a line from this property straight to the other one, it goes behind our property. We're not encroaching any further than that.. That problem that they're having with traffic right now comes from the 227 May 24, 1990 Pizza Hut that is across the street from our business which are about 20 or 25 cars that are moving fast everyday. Mayor Suarez: All right, nothing further, Commissioners, what's your... Commissioner De Yurre: Yes, Mr. Mayor, I move to deny this petition. Mayor Suarez: So moved. The motion is to deny the petition. Vice Mayor Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-401 A MOTION DENYING PROPOSED FIRST READING ORDINANCE FOR AMENDMENT TO THE COMPREHENSIVE NEIGHBORHOOD PLAN AT APPROXIMATELY 2155-2157 S.W. 5 STREET (FROM RESIDENTIAL MEDIUM DENSITY MULTIFAMILY TO RESTRICTED COMMERCIAL). (Applicant: Soler Motors) Upon being seconded by Commissioner Dawkins, the motion 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. 58. DENY PROPOSED FIRST READING ORDINANCE TO AMEND OLD ZONING ATLAS AT 2155- 2157 S.W. 5 STREET FROM RG-2/5 TO CR-3/7. (Applicant: Soler Motors). Mayor Suarez: PZ-2 and 3. Do we need to do anything with them in view of PZ- 17 Joel Maxwell, Esq.: Yes, sir, you need votes on each one to be consistent... Ms. Hirai: Mr. City attorney, just a minute. PZ-1, PZ-1... Mr. Maxwell: That was PZ-1 just now. Ms. Hirai: It said denied. Mr. Maxwell: Denied, correct. Mayor Suarez: PZ-2, I'll entertain a motion to deny. I think Vice Mayor Dawkins moved and... Commissioner De Yurre: Second, second. Mayor Suarez: ...Commissioner De Yurre seconded. Call the roll on PZ-2. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-402 A MOTION DE14YII4G PROPOSED FIRST READING ORDINANCE TO AMEND OLD ZONING AT LAST AT APPROXIMATELY 2155-2157 S,W. 5 STREET (FROM RG-2/5 TO CR-3/7). (Applicant: Soler Motors.) 228 May 24, 1990 Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 59. DENY PROPOSED FIRST READING ORDINANCE TO AMEND NEW ZONING ATLAS AT 2155- 2157 S.W. 5 STREET FROM R-3 TO C-1. (Applicant: Soler Motors). Mayor Suarez: PZ--3. Commissioner De Yurre: Moved. Mayor Suarez: So we need a motion on that. Commissioner De Yurre: Move to deny. Vice Mayor Dawkins: Second. Mayor Suarez: Move to deny. Seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-403 A MOTION DENYING PROPOSED FIRST READING ORDINANCE FOR ZONING ATLAS CHANGE AT APPROXIMATELY 2155-2157 S.W. 5 STREET (FROM R-3 TO C-1). (Applicant: Soler Motors). Upon being seconded by Commissioner Alonso, the motion 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. 60. FIRST READING ORDINANCE: CHANGE OLD ZONING ATLAS AT BLOCK BOUNDED BY N.W. 1 COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6 STREETS FROM CG-2/7 TO SPI-16.2. (Applicant: Planning Department.) Mayor Suarez: PZ... Mr. Guillermo Olmedillo: Eight and nine. Mayor Suarez: ...eight and nine. Are these City ones? Mr. Olmedillo: Yes, because you instructed us to brink; it back and it deals with... 229 May 24, 1990 Mayor Suarez- 01' which are ones in which we have members of the public that, are non City staff here on? Mr. Olmedillo: However, I think there's a member from the public here because she is Mrs. Bower and you may remember that during the public hearings for the ordinance, you instructed us to bring it back. This is 5th Street, N.W., between 1st and 2nd, and it was a change to a commercial zoning. Mayor Suarez: Fifth Street, N,W., between lst and 2nd Avenues. That's right up close to the expressway? Mr. Olmedillo: Very close, yes, sir. That's eight and nine. Mayor Suarez: And it's a Planning Department... Mr. Olmedillo: Planning Department recommends approval, Zoning Board recommends approval, the PAB recommends approval. Mayor Suarez: And what is the opponent or the person here, the interested party? There we go. Have you been sworn in? UNIDENTIFIED SPEAKER: No. Mayor Suarez: Please be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Unidentified Speaker: I would just briefly like to say that I support it. Mayor Suarez: Very smart. That way you get your item considered. OK. I'll entertain a motion on PZ-8. Moved. Commissioner De Yurre: Second. Mayor Suarez: Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE A -MENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST 1ST COURT AND 2ND AVENUE BETWEEN NORTHWEST 5TH AND 6TH STREETS, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM CG-2/7 GENERAL COMMERCIAL TO SPI-16.2 SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL DISTRICT; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Commissioner De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J.L. Plummer, Jr.. 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. 230 May 24, 1990 61. FIRST READING ORDINANCE: CHANGE NEW ZONING ATLAS AT BLOCK BOUNDED BY N.W. 1 COURT AND 2 AVENUE BETWEEN N.W. 5 ANT) 6 STREETS FROM C-1 TO SD- 16.2 (Applicant: Planning Department). Mayor Suarez: PZ... what's the next one that we have, someone from the general public interested in... Mr. Rodriguez: That was nine, which is a companion item. Vice Mayor Dawkins: Move it. Mayor Suarez: Move companion item. Vice Mayor Dawkins. Second Commissioner Alonso. PZ-10, read the ordinance. Mr. Joel Maxwell: This is 9 , isn't it. Mayor Suarez: I'm sorry, nine. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990) THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST 1ST COURT AND 2ND AVENUE BETWEEN NORTHWEST 5TH AND 6TH STREETS, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM C-1 RESTRICTED COMMERCIAL TO SD-16.2 SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL DISTRICT; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Vice Mayor Dawkins and seconded by Commissioner Alonso and was passed on its first reading by title 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. Plununer, Jr.. 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. 231 May 24, 1990 62. FIRST READING ORDINANCE! AMEND, 11000, ARTICLE 6 SD SPECIAL USE DISTRICTS - ADD NEW SECTIO14 610 SD-10 JACKSON MEMORIAL HOSPITALMEDICAL CENTER OVERLAY DISTRICT, etc. (Applicant: Planning Department). (See label 63) Mayor Suarez: OK. The next one that we have, some member of general public on, if you know, Guillermo. Commissioner Alonso: PZ-17. Mr. Sergio Rodriguez: Yes. PZ-10, although it's a City application again, this comes from an instruction again from 11000. It's the Overlay Jackson Memorial Hospital. The Parking Overlay District. It was taken out of the ordinance and then we were instructed to bring it back. It's the same, the very same item which provides for parking area white... Mayor Suarez: Is everybody in agreement?... Commissioner Alonso: Yes, I am. Mayor Suarez: Do we have any opposition? Commissioner Alonso: Move. Mr. Rodriguez: I believe we have every... all the parties agreeing to it. Mayor Suarez: OK. Commissioner Alonso: I move. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4, 1990), BY AMENDING ARTICLE 6, SD SPECIAL DISTRICTS, BY ADDING A NEW SECTION 610 SD- IO JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT; PROVIDING FOR INTENT AND EFFECT; REQUIRING A CLASS II SPECIAL PERMIT; PROVIDING SPECIAL RULES FOR COMPUTATION OF PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Vice Mayor Dawkins and was passed on its first reading by title 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. 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. 232 May 24, 1990 63. FIRST READING ORDINANCE: AMEND 11000 - APPLY PROPOSED SD-10 JACKSON MEMORIAL HOSPITAL, AND RETAIN UNDERI..YING ZONING DISTRICT IN AN AREA GENERALLY BOUNDED BY N.W. 14 AND 20 STREETS, BETWEEN N.W. 7 AND 12 AVENUES, PLUS AN AREA EXTENDING APPROXIMATELY 650 FEET WEST OF N>W. 12 AVENUE TO WAGNER CREEK (Applicant: Planning Department). (See label 62) Mayor Suarez: It's a companion item on that Joel Mr. Maxwell: Yes. Commissioner Alonso: Yes, eleven. Move. Mayor Suarez: Moved by Commissioner Alonso. Vice Mayor Dawkins: Second. Mayor Suarez: Second, Vice Mayor Dawkins. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING THE SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER ORVERLAY DISTRICT TO THE AREA GENERALLY BOUNDED BY NORTHWEST 14TH AND 20TH STREETS, BETWEEN NORTHWEST 7TH AND 12TH AVENUES, PLUS AN AREA EXTENDING APPROXIMATELY 300 FEET SOUTH OF NORTHWEST 16TH STREET AND EXTENDING APPROXIMATELY 650 FEET WEST OF NORTHWEST 12TH AVENUE TO WAGNER CREEK, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 24 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Vice Mayor Dawkins and was passed on its first reading by title 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. 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. 233 May 24, 1990 64. FIRST READING ORDINANCE: AMEND OLD ZONING. ATLAS - APPLY HC-1 (HERITAGE CONSERVATION) AND RETAIN UNDERLYING ZONING DISTRICT AT VENETIAN CAUSEWAY, AND NORTH AND SOUTH VENETIAN WAY (Applicant: Planning Department). ------------------------------------------------------------------------------- Mayor Suarez: Next item. Do we have anyone from the general public interested in... Ms. Sarah Eaton: PZ-12. There were about forty people here, I don't know if any are still left. Mayor Suarez: OK. Raise your hand if you are here on PZ-12. Forty down to one. Are we in agreement or do we have an opposition on this? Ms. Sarah Eaton: The residents of the Venetian Islands are in favor. Mayor Suarez: All right. What is the recommendation? Commissioner Alonso: Are you in favor, is she in favor? Ms. Sarah Eaton: Yes. The Planning Department is recommending the application of the HC-1 Overlay to this property. Mayor Suarez: OK. Commissioner Alonso: Are you in favor? Unidentified Speaker: I am also in favor. I'm here representing the Venetian Islands. Improvement is... Mayor Suarez: OK. We don't have you sworn in, so unless you have any problems with what we are about to do, don't even say anything, just kind of pray, you know. Commissioner Alonso: If not, I move. Mayor Suarez: All right, moved. Vice Mayor Dawkins: Second. Mayor Suarez: Second, Vice Mayor Dawkins. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING SECTION 1610, HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE VENETIAN CAUSEWAY: THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN THE CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET WEST OF THE DATE COUNTY BULKHEAD LINE EASTWARD TO THE. CITY LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS -OF -WAY OF NORTH AND SOUTH VENETIAN WAY, MIAMI, FLORIDA; INCORPORATING THE DESIGNATION REPORT; MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID ZONING ATLAS; CONTAINING A REPEALF,R PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Cormissioner Alonso and seconded by Vice Mayor Dawkins and was passed on its first reading by title by the following vote: 234 May 21, 1990 A7ES: Commi--sione*- Victor De "rurre -_- Comm i_ssinner Miriam Alonso _ Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. 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. 65. FIRST READING ORDINANCE: AMEND NEW ZONING ATLAS - APPLY HC-1 (HERITAGE - CONSERVATION) AND RETAIN UNDERLYING ZONING DISTRICT AT VENETIAN CAUSEWAY. AND NORTH AND SOUTH VENETIAN WAY (Applicant: Planning Department). Mayor Suarez: Companion item PZ-13. Commissioner De Yurre: Move. Commissioner Alonso: Move. Mayor Suarez: Moved by Commissioner De Yurre. Seconded by Commissioner Alonso. Any discussion? If not, please read the ordinance. Call the roll. Ali ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990) THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING SECTION 710, HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE VENETIAN CAUSEWAY: THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN THE CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET WEST OF THE DATE COUNTY BULKHEAD LINE EASTWARD TO THE CITY LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS-OF-`,dAY OF NORTH AND SOUTH VENETIAN WAY, MIAMI, FLORIDA; MAKING FINDINGS; INCORPORATING THE DESIGNATION REPORT; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso 'Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez DOES: None. ABSENT: Commissioner J.L. Plummer, Jr. 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. 235 May 24, 1990 _ 66. E'IRST READING ORDINANCE: A14END CODE, SECTION 4-10 (ALCOHOLIC BEVERAGES) i CONCERNING DISTANCE SEPARATION REQUIREMENTS FOR IDENTICAL LICENSEES DISTINCT FROM DISSIMILAR LICENSEES (Applicant: Planning Department). Mayor Suarez: What's the next number we have, members of the general public interested in, Joe? Mr. Joe McManus: Fourteen, fifteen and sixteen are Planning Department items related to noise of construction, mechanical equipment. I don't believe there is anybody in the audience concerned with that. The next item which people have evidence to concern, is PZ-17(b) alcoholic beverages. Vice Mayor Dawkins: There is nobody appearing. NOTE FOR THE RECORD: At this point, Agenda items PZ- 14, PZ-15 and PZ-16 Were continued to the City Commission Meeting presently scheduled for June 28, 1990 Mayor Suarez: PZ-17(b) will be the last item of the night then, let me announce that at this point. PZ-17(b) is the last item. All right, what have we got? Mr. McManus: Mr. Mayor, members of the Commission, there was an approach made by Discount Pharmacy approximately two months ago, requesting consideration of this Commission of adjusting the distance separation requirements that pertain to package liquor stores. What we have here then, is a proposed adjustment to the distance separation requirements between liquor establishments. The proposal here is to retain the existing twenty-five hundred foot distance separation requirements between packaged liquor stores themselves and the same twenty-five hundred distance separation requirement between liquor bars. But to lessen the distance requirement between a liquor store and a liquor bar to fifteen hundred feet. So, we're cutting that by a thousand feet. Mayor Suarez: A liquor store and a liquor bar. Mr. McManus: And a liquor store and a liquor bar. Mayor Suarez: What's a liquor bar? Mr. McManus: Where you can get a glass of liquor for consumption on premises. Mayor Suarez: I should know about those. Mr. McManus: And packaged liquor store, you have to go in and buy the bottle and you take it for consumption off the premises. So the two dissimilar ones are reduced to fifteen hundred feet but there would still be twenty-five hundred feet between packaged liquor stores themselves in the liquor bars. Mayor Suarez: Herb is an expert on liquor bars, I can see. I never heard = that term, it's either bar or it isn't, I guess. Does this make sense, Joe, are you recommending? Mr'. McManus: We are recommending that to give a little more flexibility in terms of locating the liquor bars and liquor stores. Mayor Suarez: Anyone wish to be heard against this item? Mr. Adrian Ferrades: Yes. Commissioner De Yurre: On the item. Mr. Ferrades: I want to recommend a change. Our request, on behalf of my client... my name is Adrian Ferrades, I am an attorney at offices 782 NW 42 Avenue. 236 May 24, 1990 Mayor Suarez: OK. All those who are going to be in favor or against, please be sworn in and raise your right hand or whatever, City Clerk... AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER TESTIMONY NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Ferrades: On behalf of my client, Discount liquors, Economy Discount Pharmacy, we had applied for P. liquor store, a package store and we had requested a change in the ordinance to permit that because we encountered a problem having a lounge within, I believe, a thousand feet. I believe that the Planning has recommended the reduction from twenty-five hundred to fifteen hundred with the idea that it would also apply to lounges. We have no intention of putting a lounge at their location which is Coral Way and 32nd Avenue. OK? We will request that the ordinance as proposed, be changed, number one, with the feet required between different licensees such as a liquor store and the existing lounge, to only seven hundred and fifty feet and we did not require or request any change in the ordinance as to lounges being able to open up within liquor stores. In other words, the change in the ordinance that we requested was only applicable to the opening of new liquor stores when there was a lounge in existence, not for additional lounges to be open, and we would request that the ordinance, as the proposed amendment is made, to reflect that. And only, and to reduce the fee requirement to seven hundred and fifty without asking for any of the other changes that are requirements, such as the church, the distance, the school or any of the other ones... the residential. Mayor Suarez: Without affecting those? Without affecting those, is what you said? Mr. Ferrades: Without affecting any of those. Commissioner De Yurre: Mr. Mayor... Mayor Suarez: Because each one of those has a sort of policy reason. Commissioner De Yurre: Yes. Acid I think that I go along with everything, you know, what he has been saying and I would like to, you know, my motion would be to bring it down, accepting that the department's recommendation but bringing that item down to the 750 feet, minimum. Mr. Ferrades: Between the liquor store and an existing lounge? Commissioner De Yurre: That's right. Mr. Ferrades: That was our original request of changing the ordinance. Commissioner De Yurre: That's my motion and... do you have something else... different item... are you together?... OK. Commissioner Alonso: I second. Mayor Suarez: It's been moved and seconded as long as we have the motion, we may as well get the second. You have no problem with that? Mr. Ricardo Ruiz: Yes, I do. Mayor Suarez: OK. Let's hear from you. Mr. Ricardo Ruiz: My name is Ricardo Ruiz and I live at 3150 SW 15th Street and I think we are more than lenient with the liquor stores and the liquor lounges and everything that has to do with bars. I think that the guidelines that the City has now are more than appropriate. We have a public park which is Coral Gate Park on 32nd Avenue and 16th Street. There is a liquor store down the street, that means that we might get another bar or another package store, I think we have enough. We got the Bushwhacker on 37th Avenue. I _ mean, what are we going to do? Are we going to create that the kids that are y going to the Coral Gate Park, that the private schools and the other schools in the area are going to be affected by all these lounges? fie has a lounge right now on... McDuffy's Bar or something like that, on 57th; go look at that place at night, go look at the way these people run their businesses. It's unbelievable, we have enough problems on 32nd Avenue as it is. I meal: 32nd 237 May 24, 1990 _ Avenue, Coral Gate, we've been inundated by different things and I'm surprised to see that the Coral. Gate fomeowners Association is not here protesting that. And I believe that if you all approve this tonight, you're going to have all -_ these people in here and they're going to be talking to you all about giving all these kinds of homeowners, these liquor stores more latitude... seven hundred and fifty feet, Mr. De Yurre?... please, you know, let's keep it at twenty-five hundred, let's keep the guidelines you have now and it works for everybody, but let's not reduce it, let's leave it the way it is. 4 Commissioner De Yurre: OK. Mayor Suarez: Commissioners? Commissioner De Yurre: We have a motion and a second. Mayor Suarez: We have a motion and a second. Any discussion? If not, please call the roll. Mr. Maxwell: Ordinance, sir... title, and read the ordinance. Mayor Suarez: Please; read the ordinance. Call the rol.l. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 4-10 OF THE CODE. OF THE CITY OF MIAMI, FLORIDA, TO MEASURE DISTANCE SEPARATION REQUIREMENTS FOR IDENTICAL LICENSEES DISTINCT FROM DISSIMILAR LICENSEES: CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: Commissioner J.L. Plummer, Jr. 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: We're adjourned unless there is any... ------------------------------------------------------------------------------- 67. ALLOCATE $18,000 FOR PAYMENT TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD - ALLOCATE $18,000 FOR PAYMENT TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD. Commissioner De Yurre: Mr. Mayor, I got a resolution allocating an amount not to exceed $18,000 from budgeted fund to the Planning Zoning and Building Departments for paying of compensation to special counsel for the Code Enforcement Board further allocating an amount not to exceed $18,000 from budgeted fund to the Civil Service Office for payment of compensation to special counsel for the Civil Service Eoard. I so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. 238 May 24, 1990 The following resolution was introduced by Commissinner Dp Yu.rre, who moved its adoption: RESOLUTION NO. 90-404 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM BUDGETED FUNDS OF THE PLANNING, BUILDING AND ZONING DEPARTMENT FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE 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 Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J.L. Plummer, Jr.. Mayor Suarez: Yes, sir. Mr. Steve Martin: Mayor, my name is Steve Martin, Red Road Merchant's Association. We are an association of bar owners. Mayor Suarez: What item... what item were you here on? Mr. Martin: Seventeen (b). And I understand that 17(b) passed, right. Is this correct? Mayor Suarez: OK. Were you in favor of it, I hope? Mr.. Martin: Oh, yes. I'm very much in favor of it. Mayor Suarez: All right. We are adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9.03 P.M. Xavier L. Suarez M A Y A R s! ,� Hatty Hirai CITY CLERK �1 Walter J. Foeman ASSISTANT CITY CLERK 239 May 14, 1990 1k OF �1 ` �- . ♦ DOCUMENT MOM MATE. MAY 24, 1990 PAGE No: 1 of 5 l'•w aI A.r7 AUTHORIZE THE PURCHASE OF INTOXILIZER EQUIPMENT AND TWO ELECTRONIC MEASURING DEVICES: AND ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND. ($33,000) AUTHORIZE THE PURCHASE OF SAFES AND CLOSED CIRCUIT TV EQUIPMENT AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND ($13,200) ACCEPT BID: ZIP MAILERS, INC. - FOR FURNISHING OF MAILERS SERVICES ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION OF TO EXTEND FOP. TWO ADDITIONAL ONE YEAR PERIODS. ACCEPT BID: MAROONE CHEVROLET - FOR TWENTY FOUR (24) VEHICLES TO THE DEPARTMENT OF GENERAL SERVICE ADMINISTRATION.($245,496) ACCEPT BID: PALMETTO ICAWASAKI TO FURNISH TWENTY SEVEN (27) POLICE MOTORCYCLES TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. ($184,653.) ACCEPT BID: M.P.C.S. VIDEO INDUSTRY - FOR THE FURNISHING OF MEDIA EQUIPMENT FOR THE DEPARTMENT OF POLICE. ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT BOND PROGRAM. ACCEPT BID: ELECTRONICS USA - FOR THE FURNISHING OF COMPUTER HARDWARE FOR THE POLICE PATROL SCHEDULING SYSTEM FOR THE DEPARTMENT OF POLICE. ALLOCATING FUNDS FROM THE LAW ENFORCEM TRUST FUND. ($24,860) ACCEPT BID: Y AND W ROOFING AND REMODELING, INC.- FOR SIMPSON PARK BUILDING RENOVATIONS. ALLOCATING FUNDS FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642. ($13,300.) ACCEPT BID: OCEAN BAY CONSTRUCTION INC. - FOR LOCAL DRAINAGE PROJECT E-63 - ALLOCATING FUNDS FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO 1042.- ($536,270.) ACCEPT BID: MANTELL ENGINEERING CONTRACTORS, INC. - FOR DOWNTOWN SANITARY SEWER REPLACEMENT PHASE III. ALLOCATING FUNDS FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642 ($347,396). ACCEPT BID: PINO FO.NTICIELLA AND ASSOCIATES, INC. - FOR RENOVATIONS OF THE REVEREND CANON THEODORE R. GIBSON ADULT CENTER, COCONUT GROVE NEIGHBORHOOD CENTER (VIRRICK PARK BUILDING RENOVATIONS). - ALLOCATING FUNDS FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642 ($138,000.) ACCEPT BID: M. VILA AND ASSOCIATES .- FOR PROPOSAL OF SOUTHWEST 6TH. STREET STORM SEWER PROJECT - ALLOCATING FUNDS FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642 ($578,702.35) •i Ayl;llq♦xi�= (RESOLUTIONS) 90-0336 90-0337 90-0338 90-0339 90-0340 90-0341 90-0342 90-0343 90-0344 90-0345 90-0346 90-0347 PAGE 2 OFF MAY 24, 1990 ..-_ RETRIEVAL CODE W (RESOLUTIONS) APPROVE A COST SHARING CONTRACT BETWEEN THE CITY OF MIAMI AND 90-0348 THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR STORMWATER MANAGEMENT FACILITIES. - AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT. AGREEMENT BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA 90-•0349 WATER MANAGEMENT DISTRICT FOR RETROFITTING STORMWATER BASIN 31 LOCATED WITHIN THE DOWNTOWN AND OVERTOWN AREAS OF THE CITY. LEASE AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH 90-0350 AND REHABILITATIVE SERVICES, FOOD STAMP PROGRAM, FOR THE LEASE OF APPROXIMATELY 5,500 SQUARE FEET OF SPACE PLUS THE USE OF THE AUDITORIUM DURING THE FIRST, SECOND AND THIRD WORKING DAYS OF EACH AND EVERY MONTH THROUGHOUT THE TERM OF THE LEASE. IN THE MANUEL ARTIME COMMUNITY CENTER.- LESSEE SHALL PAY AN ANNUAL RENT OF $67,760.04 FOR THE FIRST YEAR COMMENCING ON MAY 1, 1990. EXECUTION OF AN AMENDMENT TO THE INTERLOCAL AGREEMENT, DATED 90-0351 NOVEMBER 11, 1985 , AS AMENDED, WHICH CREATED THE SUNSHINE STATE GOVERNMENTAL, FINANCING COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. AGREEMENT WITH SYLVESTER A. LUKIS, FOR THE PROFESSIONAL 90-0352 LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI. ALLOCATING FUNDS FROM THE LEGISLATIVE LIAISON GENERAL FUND. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 2 , TO AN AGREEMENT 90-0353 BETWEEN THE CITY OF MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON & COMPANY, P.A., VERDEJA, IRIONDO & GRAVIER, AND WATSON & COMPANY. P.A. - FOR RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR THE MIAMI CONVENTION CENTER AND THE GOVERNMENT CENTER PARKING GARAGE FINANCINGS. - FOR FISCAL YEAR 1990. AGREEMENT WITH METROPOLITAN DADE COUNTY, SETTING FORTH THE 90-0354 RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS LOCATED ON THE WEST SIDE OF VIRGINIA KEY. ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR THE USE OF BOBBY 90-0355 MADURO MIAMI BASEBALL STADIUM BY AMERICAN CRICKET PROMOTIONS, INC. - FOR THE PRESENTATION OF AMATEUR CRICKET MATCHES MAY 26/ 28, 1990. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SANDRA K. COLL 90-0356 THE SUM OF $30,000, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RICARDO J. FRANCO 90-0357 AND ARVELIA FRANCO, HIS WIFE, THE SUM OF $35,000. WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT. SUPPORTING THE CONCEPT OF A 1996 INTERNATIONAL EXPOSITION IN 90-0358 DOWNTOWN MIAMI TO CELEBRATE THE CENTENNIAL OF THE CITY OF MIAMI RECOGNITION AND ENDORSEMENT OF THE "WORLD'S FAIR FOR MIAMI 1996" ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE 90-0359 OF THE ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL FOR THE PRESENTATION OF ITS SPRING FOOTBALL JAMBOREE ON MAY 31, 1990. 1 DESIGNATING THE CITY OF' KAGOSHIMA, JAPAN AS A "SISTER CITY" I 90-0360 OF THE CITY OF MIAMI, FLORIDA, DESIGNATING THE CITY OF PANAMA CITY, PANAMA, AS A "SISTER CITY" 1 90-0361 OF THE CITY OF MIAMI, FLORIDA. i r• r PAGE 3 OF 5 MAY 241 1990 DOCUMENT IDENTiFICAMN RETRIEVAL CODE Ni (RESOLUTIONS) ACCEPT BIDS: J,R. BUILDERS, INC., TREE MASTERS, INC., AND 90-0362 CUYAHOGA WRECKING CO - FOR FURNISHING DEMOLITION SERVICES TO THE PLANNING, BUILDING AND ZONING DEPARTMENT ON A CONTRACT BASIS FOR ONE YEAR. - SERVICES NEEDED TO RID THE CITY OF BUILDINGS WHICH LONG BECOME EYESORES AS SOME ARE VACANT, UN- SECURED AND HARBORS FOR VAGRANTS AND IN SOME INSTANCES IDENTIFIED AS SOURCES OF CRIMINAL ACTIVITY, ACCEPT BIDS: CAMILO MUEBLES IN THE AMOUNT OF $11,566. AND DECORA 90-0363 OFFICE FURNITURE IN THE AMOUNT OF $17,407. - FOR FURNISHING OFFICE FURNITURE TO THE DEPARTMENT OF POLICE. ACCEPT BID: FLCRIDA COMPUTER FURNITURE - FOR THE FURNISHING 90-0364 OF WORKSTATIONS AND FILE CABINETS FOR THE DEPARTMENT OF POLICE. DESIGNATING THE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECT 90-0365 1991-1992 AS CATEGORY "A" AND "B", APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED PROFESSIONALS AND APPOINTING GENE PELAEZ, P.E. AS A MEMBER OF THE NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS (NSPE). - APPROVING CITY MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS THAN SIX (6) MEMBERS. CONSENTING THE ESTABLISHMENT OF A CRITICAL WILDLIFE AREA (CWA) 90-0366 BY THE FLORIDA GAME AND FRESH WATER FISH COMMISSION OF' A DESIGNATED CITY -OWNED AREA TO THE NORTH AND WEST OF VIRGINA KEY. AUTHORIZING (FGFW) TO COORDINATED THE POSTING OF THE AREA; AND SPECIFYING A CLOSURE PERIOD OF AUGUST 1ST TO MAY 1ST. EACH YEAR. PROVIDING FOR THE CLOSURE. OF DESIGNATED STREETS TO THROUGH 90-0367 VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL FOR THE CELEBRATION OF 1990 MIAMI/BAHAMAS GOOMBAY FESTIVAL TO BE HELD JUNE 1, 2 and 3, 1990. AUTHORIZE TO AMEND THE AMENDED AND RESTATED AGREEMENT BETWEEN 90-03GB THE CITY OF M.IAMI AND MIAMI MOTORSPORTS, INC., AS AMENDED, DATED OCTOBER 16, 1985. CONCERNING THE 1990 MOTORCYCLE GRAND PRIX OF MIAMI TO BE 90-0369 CONDUCTED BY MIAMI MOTORSPORTS, INC. ON JULY 21 AND 22, 1990. PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL.- FURTHER PROVIDING THAT SUCH CLOSURES AND PROHIBITIONS SHALL BE APP'LICABL FOR SLTBSEQUENT MOTORCYCLE GRAND PRIX EVENTS HELD THROUGH THE YEAR 2000. ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE 90-0370 ORANGE BOWL STADIUM BY THE UNIVERSITY OF MIAMI FOR SEASON HOME FOOTBALL GAMES FOR A TEN YEAR PERIOD.- WITH OPTION ON THE PART OF THE UNIVERSITY TO EXTEND SAID TERM FOR TWO ADDITIONAL FIVE- YEAR PERIODS.- AUTHORIZE MANAGER TO EXECUTE AGREEMENT CONCERN- ING THE LIABILITY INSURANCE AND CITY PRESS BOX SEATING. APPROVING THE EXPENDITURE BY THE MIAMI SPORTS AND EXHIBITION p 90-0371 AUTHORITY OF $10,000 TO ASSIST IN THE STAGING OF THE 1990 BUDWEISER HYFROPLANE REGATTA. RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN ,TUNE, j 90-0372 1990 TO TAKE PLACE ON DUNE 71 1990, COMMENCING AT 9:00 A.M. DOCUMENT INDEX -" PAGE 4 OF 5 s - MAY 24, 1990 - DOCLUENT I®ENTIFICATICN RETRIEVAL CODE NA _ (RESOLUTIONS) DESIGNATING "BILL WOLFARTH PARK" AS THE OFFICIAL NAME OF THE 90-0379 -_ CITY -OWNED PARK PROPERTY LOCATED AT APPROXIMATELY 2000 SOUTHWEST 24TH STREET, MIAMI, FLORIDA. _ - ALLOCATING $25,000 FROM PUBLIC WORKS DEPARTMENT BUDGETED FUNDS 90-0381 _ IN SUPPORT OF AN EDUCATIONAL PROGRAM. - FOR THE PURPOSE OF = = INFORMING AND EXPLAINING TO THE VOTERS OF THE CITY OF MIAMI THE — ELEMENTS INVOLVED IN REGARD TO THE VOTERS CONSIDERATION OF THE QUESTION OF AUTHORIZING $30,000,000 LOCAL STREET AND DRAINAGE _ - - IMPROVEMENT BONDS OF THE CITY OF MIAMI. SUCH QUESTION TO APPEAR _ ON THE BALLOT AT THE SEPTEMBER 4, 1990 SPECIAL ELECTION. APPROVING REJECTION OF THE PROTEST RECEIVED FROM NATIONAL 90-•0382 - ECONOMIC RESEARCH ASSOCIATES, INC. IN CONNECTION WITH THE -- - REQUEST FOR PROPOSALS FOR A MINORITY/WOMEN OWNED BUSINESS ENTERPRISES DISPARITY REPORT AND MINORITY/OWNED BUSINESS - UTILIZATION PLAN. �. AUTHORIZING AGREEEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE FOR THE PERIOD OF OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1991. . AUTHORIZE PAYMENT TO P.N.M. CORPORATION, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $650,000 IN FULL AND COMPLETE SETTLEMENT APPROVE APPOITMENT BY THE CITY ATTORNEY OF THE LAW FIRM OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL P.A. TO SERVE AS SPECIAL COUNSEL ON THE REVIEW OF THE DEPARTMENT OF' OFF-STREET PARKING. AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND SIGMA CONSTRUCTION AND ENGINEERING CORP., DATED FEBRUARY 20, 1990 FOR THE DEMOLITION OF FORMER INCINERATOR NO. 1 ($60,000). RATIFYING, CONFIRMING AND APPROVING THE WAIVER OF FORMAL BID PROCEDURES FOR THE PROCUREMENT OF CERTAIN ITEMS FOR THE CARIBBEAN BASEBALL WORLD SERIES HELD FEBRUARY 5 THROUGH 11, 1990. AT THE ORANGE BOWL STADIUM. INFORMAL BIDS ACCEPTED WERE: The Bid of Fencemasters, Inc. , the bid of Contemporary Services, Inc.. CONCERNING THE 1990 FLORIDA STATE CRITERIUM BICYCLE CHAMPIONSHIP TO BE CONDUCTED BY MIAMI HEATWAVE BICYCLE CLUB ON JUNE 3, 1990.- PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC CONCERNING THE OLD SAN JUAN/WYNWOOD FESTIVAL.- PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC ESTABLISHING A PEDESTRIAL MALL, PERMIT TO SELL BEER AND WINE. GRANT REQUEST OF THE CUBAN AMERICAN PAGEANT FOR THE WAIVERS OF RENTAL A14D REHEARSAL FEES IN CONNECTION WITH THE CUBAN-AMERICAN BEAUTY PAGEANT TO BE HELD AT MANUEL ARTIME PERFORMING ARTS CENTE EXTEND FOR A PERIOD OF FORTY FIVE (45) DAYS DURING WHICH A BOND SHALL BE POSTED FOR THE MONIES NEEDED FOR THE INSTALLATION OF BARRICADES AT NORTHEAST "LOTH STREET, NORTHEAST 71ST. STREET, AND NORTHEAST 72ND STREET. 04=6ItZL! 90-0386 90-0387 90-0389 90-0390 90-0391 90-0394 90-0395 90-0396 LA EI DOCUMENT 1 INDEX �T. APPROVING AN INFORMAL TOWN HALL MEETING TO BE HELD IN THE AUDITORIUM OF THE LEGION PARK BUILDING IN THE AMERICAN LEGION MEMORIAL PARK ON JUNE 25, 1990 BEGINNING AT 7:00 PM. PAGE 5 OF 5 MAY 24, 1990 RETRIEVAL CODE NO (RESOLU'rIONS) 90-0397 AUTHORIZE CITY MANAGER TO NEGOTIATE AN AGREEMENT BETWEEN THE. 90 0398 CITY OF MIAMI AND THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY - FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE IN THE ACQUISITION OF PROPERTY LOCATED AT 3721-3735 NORTHWEST 17 AVE. FOR THE DEVELOPMENT OF SMALL STRIP SHOPPING CENTER. ALLOCATING FUNDS FROM THE BUDGETED FUNDS OF THE PLANNING, 90-0404 BUILDING AND ZONII4G DEPARTMENT FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD; FURTHER ALLOCATING FUNDS FROM BUDGETED OF THE CIVIL SERVICE OFFICE FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD. ($18,000 FOR EACH BOARD.)